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HomeMy WebLinkAboutCouncil Actions 08-01-05 Cutler 37130-080105 ROANOKE CITY COUNCIL REGULAR SESSION AUGUST 1 J 2005 9:00 A.M. ROOM 1 59 AGENDA Call to Order--RolI Call. (All Council Members were present.) A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(I), Code of Virginia (1950), as amended. Approved (7-0) File #110-132 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affectthe bargaining position or negotiating strategy of the public body, pursuant to Section 2.2- 3711 (A)(3), Code of Virginia (1950), as amended. Approved (7-0) File #132 1 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2- 3711 (A)(3), Code of Virginia (1950), as amended. Approved (7-0) File #132 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2- 3711 (A)(3), Code of Virginia (1950), as amended. Approved (7-0) File #132 Items listed on the 2:00 p.m. Council docket requiring discussion/clarification; and additions/deletions to the 2:00 p.m. docket. (5 minutes) Topics for discussion by the Mayor and Members of Council. (15 minutes) Items for discussion at a joint meeting of Council and the Roanoke City School Board on Monday, August 15, 2005, at 12:00 p.m., at the Roanoke Academy for Mathematics and Science, 1616 19th Street, N. W. Briefings: . Market Study Consultant Virginia First Cities Update Youth Commission Update Economic Development Incentive Policy Parking Update 40 minutes 20 minutes 20 minutes 15 minutes 20 minutes . . . . THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 2:00 P.M., IN THE CITY COUNCIL CHAMBER, FOURTH FLOOR, NOEL C. TAYLOR MUNICIPAL BUILDING. 2 ROANOKE CITY COUNCIL REGULAR SESSION AUGUST 1 J 2005 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. (Council Member Dowe was absent.) The Invocation was delivered by Vice-Mayor Beverly T. Fitzpatrick, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. Welcome. Mayor Harris. NOTICE: Today's Council meeting will be replayed on Channel 3 on Thursday, August 4, 2005, at 7:00 p.m., and Saturday, August 6, 2005, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 3 ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE WEDNESDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV.CLlCK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFlWARE TO ACCESS THE AGENDA. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE ATWWW.ROANOKEVA.GOV, TO OBTAIN AN APPLICATION. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Proclamation declaring August 2, 2005 as National Night Out. File #5-80 4 3. CONSENT AGENDA Approved (6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-l A communication from the City Manager requesting that Council schedule a public hearing for Monday, August 15, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to conveyance of City-owned property located on Salem Avenue, S. W., to the Times World Corporation. RECOMMENDED ACTION: Concur in the request. File #1 66 C-2 A communication from the City Manager requesting that Council schedule a public hearing for Monday, August 15, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to the request of Star City Gospel Cafe, Inc., for tax exemption from local real estate taxation of property located at 926 Indiana Avenue, N. E. RECOMMENDED ACTION: Concur in the request. File #79 C-3 A communication from the Board of Zoning Appeals transmitting the 2005 Annual Report. RECOMMENDED ACTION: Receive and File. File #51 - 1 09 C-4 Qualification of the following persons. Frank J. Eastburn as a member of the Roanoke Arts Commission, for a term ending June 30, 2008; Ben J. Fink as a Commissioner of the Roanoke Redevelopment and Housing Authority, for a term ending August 31, 2009; Sloan H. Hoopes as a member of the War Memorial Committee, for a term ending June 30, 2008; 5 Curtis E. Mills as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 2008; George F. Taylor as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2009; and Eddie Wallace, Jr., as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 2008. RECOMMENDED ACTION: Receive and file. File #67-110-178-202-230-323-429 REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: NONE. 6. REPORTS OF OFFICERS: a. CITY MANAGER: ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of a Crime Analysis Grant from the Department of Criminal Justice Services and the Byrne Memorial Grant Program; and appropriation funds. Adopted Budget Ordinance No. 37130-080105 and Resolution No. 37131-080105. (6-0) File #5-60-236 2. Acceptance of the Urban and Community Forestry Grant from the Virginia Department of Forestry for development of alternatives and guidelines for tree protection; and appropriation and transfer of funds. Adopted Budget Ordinance No. 37132-080105 and Resolution No. 37133-080105. (6-0) File #60-236-240 6 3. Acceptance of a subaward from Virginia Commonwealth University, in connection with Virginia Institute for Social Service Training Activities (VISSTA). Adopted Resolution No. 37134-080105. (6-0) File #60-72 4. Execution of an amendment to the 2004-2005 CDBG/HOME Agreement with Community Housing Partners Corporation, Inc., in connection with rehabilitation of eight additional houses to be completed by June 16, 2006. Adopted Resolution No. 37135-080105. (6-0) File #178-200-236 5. Execution of an amendment to the 2004-2005 CDBG/HOME Agreement with Blue Ridge Housing Development Corporation, in connection with project activities within the northwest section of the City. Adopted Resolution No. 37136-080105. (6-0) File #178-200-236 6. Execution of an amendment to the 2004-2005 CDBG/HOME Agreement with the Roanoke Redevelopment and Housing Authority, in connection with activities to reduce derelict structures within the City. Adopted Resolution No. 37137-080105. (6-0) File #1 78-200-236 7. Execution of the 2005-2006 CDBG Subgrant Agreement with C2C Home, LLC, in connection with property acquisition, site preparation, other preconstruction costs, planning and administration. Adopted Resolution No. 37138-080105. (6-0) File #2-178-236 8. Execution of the 2005-2006 CDBG Subgrant Agreement with Total Action Against Poverty, in connection with limited and emergency repairs to 21 homes within the City. Adopted Resolution No. 37139-080105. (6-0) File #200-226-236 7 9. Execution of the Fiscal Year 2006 Community Services Performance Contract with Blue Ridge Behavioral Healthcare Board of Directors. Adopted Resolution No. 37140-080105. (6-0) File #31 4 b. CITY ATTORNEY: 1. Amendment of Sections 20-125, Definitions, and 20-126, Restriction on keepinq of inoperable motor vehicles, Article VI, Keepinq of Inoperable Motor Vehicles, Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, to conform with recent State legislation. Adopted Ordinance No. 37141-080105. (6-0) File #20-24 7. REPORTS OF COMMITTEES: NONE. 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A resolution changing the place of commencement of the regular meeting of City Council scheduled to be held at 12:00 Noon on Monday, August 15, 2005. Adopted Resolution No. 37142-080105. (6-0) File #1 32 b. Adopted Resolution No. 37143-080105 authorizing execution of the grant agreement with the Virginia Employment Commission for Program Year 2005 in connection with the Workforce Investment Act for Area 3; and repealing Resolution No. 37129-071805, adopted July 18, 2005. (6-0) File #72-236 8 10. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Lea called attention to complaints by a number of citizens in the community with regard to unleashed and/or vicious dogs that are allowed to roam throughout some of the City's neighborhoods. He referred specifically to pit bull dogs and inquired if the City has enacted ordinances that address vicious dogs. The City Manager advised that provisions of the City Code require that any dog that is off of the owner's premises must be leashed and whenever citizens observe a dog running loose, they are encouraged to immediately report the incident to the City's Animal Control division. She advised that Animal Control has the authority to issue a summons to the owner of a dog if, in the opinion of the officer, the owner has been negligent. She stated that she would report back to Council with regard to the issue of vicious dogs. File #5-24-54-66-132 Council Member Lea advised that the kick-off for the 6th Annual Western Virginia Education Classic was held on Friday, July 29 on the City Market, and the football game will be played on Saturday, October 29, 2005 at 2:00 p.m., at Victory Stadium by Saint Paul's College from Lawrenceville, Virginia, and Shaw University from Raleigh, North Carolina. File #122-388-467 b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. Susan Egbert was appointed to the Roanoke Public Library Board for a term ending June 30, 2008. File #1 5-110-323 9 11. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. E. Duane Howard, 1135 Wasena Avenue, S. W., requested that the Mayor's Committee for People With Disabilities be brought up to 21 st century standards. He advised that July 26, 2005 marked the 15th anniversary of the Americans With Disabilities Act, yet the City of Roanoke is 15 years behind in its ADA efforts. He stated that before the Council Chamber was renovated, he submitted a request that all persons addressing the Council would be seated at a table which would have eliminated the stigma of inferior status by some speakers, however, his suggestion was not implemented by the City. He asked that the Mayor's Committee for People With Disabilities be declared an official committee of the City of Roanoke. File #132-353 Robert E. Gravely, 729 29th Street, N. W., Apt. #1, spoke with regard to the overall condition of the City of Roanoke, i.e.: home ownership for more people, overall cleanliness ofthe City, marketing of Roanoke, and the need to remove some of the City's tree canopy so as not to obstruct public rights-of-way. File #66-178-549 Robert Craig, 701 12th Street, S. W., expressed appreciation to the Director of Real Estate Valuation for meeting with him to explain the City's practices with regard to real estate assessment. He referred to the condition of vendor tables on the City Market that were covered with plastic tops that are misaligned and screws that are not properly driven into the surface of the tables that could create a potential safety hazard and a liability to the City. He stated that the condition of the 10 table tops is indicative of poor job performance without adequate supervision. He also spoke in connection with a discrepancy in information provided by City staff with regard to uncollected rent by City Market Building tenants. File #42-79 12. CITY MANAGER COMMENTS: The City Manager presented the Mayor with a Certificate of Appreciation which was issued by Old Southwest, Inc., recognizing outstanding performance by the City's workforce. She advised that three City employees received individual recognition for their work in code enforcement efforts; i.e.: Susan Grogan representing the Solid Waste Division, Police Officer Barak Plogger, and Ann Beckett, staff to the Architectural Review Board. The City Manager called attention to activities that will be held in various City neighborhoods on Tuesday, August 2 and Thursday, August 4, 2005, in conjunction with National Night Out. File #80-165 CERTIFICATION OF CLOSED SESSION. (6-0) 11 CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.w., ROOM 452 ROANOKE. VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 C. NELSON HARRIS Mayor August 1 , 2005 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, c..1(c.hIM.. ~ C. Nelson Harris Mayor CNH:snh CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com August 1 , 2005 The Honorable Mayor and Members of City Council Roanoke, Virginia 5ubject: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy ofthe public body, pursuant to ~2.2-3711.A.3, Code of Virginia (1950), as amended. Sincerely, /LA I ,-/-A~I: Darlene L. Bu ham City Manage . DLB/f c: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone, (540) 853-2333 Fa" (540) 853-1138 CityWeb: www.roanokegov.com August 1, 2005 The Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to ~2.2-3711.A.3, Code of Virginia (1950), as amended. Sincerely, DLB/f c: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com August 1, 2005 The Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 92.2-3711.A.3, Code of Virginia (1950), as amended. DLB/s cc: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk " I '~ Office of the j\,1ayor CITY 0 F ,~ .~~. ROANOKE . ror m IOn WHEREAS. .~:alionl11 .\:ilI11 OuT i.\ () norion/Ji crimi" and driJg preW'n/joli I'\'('m .(pon.\ortd by The .\"Q1joriQ] A.\.\ociolior. of 10wn Walch f.\ATW; arui H'HERLAS rhi- Ol) of Roonokt. i.' a lfrl?fifd Crimi- Prcwmi()n CII""mmlf.1 and R'HERLAS. 11 i.1 imporlOT/llhor an cili:C'nt 1.:710," and undernana' That .'\"Ofionlli ?\if'" Oul is dt.\ipYifd 10 hdphluJ crime and drup p",'vl,nti01j Q",onne.\.'. 10 dl'mor;,<TTou pfnn-al supponfor ar.d parricipUlion in local onricrimf program.'. 10 .unnfThtfi y,f'jphbornuod .'pinl and poli{"f~commlJy,iry parrnn-.'hip." ami 10 _'tna' c.. ml'.\'.\01!(' :.W) criminal.llho! neighborhood.. an.fighting back Ggoin.., ('ri1l1l'. (lnd WHEREAS. ThE- men and warnl'''' of 111( Roanoiu Polin Dt:'parlmoll em-' commimd 10 ~;orkinp ~'ilt. dti:rn.' tD l'rihanH thl'ir quality (!t iit(. .\'OH~ THEREFORE, J, C .\'f'l.~on Harri~. Mayor of tiu City of Roanoke i'ir?ini'" (all upon all ciliur...\. Yltighborhood \'I'au], ,?TOUp.\ ar;d communi!) ch.j( orpani:aTion,\ 10 obu'n1f' August ;, 20(j_~. a~ Tht ;;~ Ar;rl'~ai .'"atior;al Sif!h7 OUT ",iIi, tJppropriolf aremonit.'. eH'rm or;d ob.~f'non("f.\ and do hf'reb,' proclaim 7..oda.1 Aur...~T:. 200.~. lhrouihoUllhi.' gnat Ali-AmfTilO CiTY_ OY .'A 1l0,'AL .'lGHT OFT. GiYOi ../idn our hand.' or;d Tht Swi of tJu. CilY 0.1 RoonoM Trol.' firs1 dO.l 0.1 AUf!ust II< /Iif y"ar ""0 I],ou"ond andfiH- .anS7 ( _"/.':d.-oTi HaITi' r~1 tJ.10 I" "f..')'.l f Parka (;/1 (','l.)-j; CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com August 1, 2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Conveyance of City-Owned Property to Roanoke Times Portion of Tax #1010107 Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing on the proposed conveyance of property rights. This is to request that a public hearing be advertised on the above matter for Council's regular meeting to be held on Monday, August 15, 2005. A full report will be included in the August 15, 2005, agenda material for your consideration. Respectfully submitted, Darlene L. Bur City Manager DLB/SEF c: William M. Hackworth, City Attorney Mary F. Parker, City Clerk Jesse A. Hall, Director of Finance Sarah E. Fitton, Engineering Coordinator CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com August 1, 2005 Honorable C. Nelson Harris, Mayor Honorable, Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable, Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Tax Exemption Request from the Star City Gospel Cafe, Inc. Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing on a request from the Star City Gospel Cafe, Inc., a non-profit organization, for tax exemption of certain property in the City. This is to request that a public hearing be advertised on the above matter for Council's regular meeting to be held on Monday, August 15, 2005. A full report will be included in the August 15, 2005, agenda material for your consideration. Respectfully submitted, ~ Darlene L. Burc City Manager DLB/vst c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget /~\;'. rl,~' "':L"~'\ /''';11'''':\;''''\ ,'," ~., ,,__':l.,'.\ . ':', . y .:,.....,('.. I (.,.~ .. ..~lj:::1 , """, . .. , \~J;:;'" i ";:'''/ "<~'~:~':~{"~~"0~~~>/ CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 2401 I Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@ci.roanoke.va.us Architectural Review Roanl Board of Zoning Appeals Planning Commission August 1,2005 The Honorable C. Nelson Harris, Mayor Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: As Chairman of the Roanoke City Board of Zoning Appeals for 2005, it is my honor to present to you the annual report for July 1, 2004, through June 30, 2005. For fiscal year 2004-2005, the Board of Zoning Appeals held twelve (12) regular public hearings, during which there were nine (9) variance requests, twenty-six (26 ) special exception (use) requests, and no appeals of the Zoning Administrator's decisions. In the current year, the Board of Zoning Appeals' goals are to: first, continue to serve the citizens and developers of the community in furthering the use, development and redevelopment of property through variances and special exceptions; second, to continue to act as a discretionary administrative body and make decisions in matters where a person or party within the community is aggrieved by a decision made in the administration or enforcement of the zoning ordinance; and lastly, to recommend to the Planning Commission and City Council necessary revisions to the zoning ordinance in order for the Board to continue to provide fair and equitable service to the community and its citizens. The Board continues to work with the City Attorney's Office to assure that our procedures promote a concise and fair process. 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';::;0'1 rtl ~ E ~~o me"::: <0 - "- 00 oo~ 0- ";"- ~~ ~~ E E - E <0 Q) <0 Q) <0 Q) "";:: m.-:::: m.-:::: '" >- .~ ~ -0 ::l Q) '" Q) Q) E ..c .~ ~ ~ ~ 2: .E .E .E Q) '" c c '" c- c 0 0 Q) o '" 0 ~ ~ '" .- C.- ~o~ C. c.::l c.",'" Q) Q) 0 Q)~c. u u.<: u Q) ::l X X Q) X c.u Q) Q) ~ Q) u '" '" 0 ~ ~ :;: ~'" .- u 'u .~ .- Q) U._ ~ g- E Q) c Q) C 0.:.= c.'- c..<: 0 Vl u VlE Vl "'.<: 3i 3i z - Vl ~ uS Vl V;Lrl Vl - ~(,() " 0 ,- =00 m~ Q).... :;;:.... >0 0 0"" 4:N co <7> NO EO 00 ....- -.... _<0 -'I< UJ'I< "''I< ..... vi c ~ -0 0 Q) 0 '" ~ '" -"" Q) c. '" I C. 0 ::l '" .<: E c 01 ~ u '" t: ru rtJ Q) . 0::::== t: 0 o Q)...l:: U >-.<: C::::....JI-.!:: ...;,:;;: -'f- 4: 4: 4: V, V, v, '" '" '" 0 9 9 .;. '" <0 - - - CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 8, 2005 File #15-110-230 Judith M. St.Clair, Secretary Roanoke Arts Commission Roanoke, Virginia Dear Ms. St.Clair: This is to advise you that Frank J. Eastburn has qualified as a member of the Roanoke Arts Commission, for a term ending June 30, 2008. Sincerely, ~~l~~ ~ Mary F. Parker, CMC f -- City Clerk MFP:ew pc: Stephanie M. Moon, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Frank J. Eastburn, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission, for a term ending June 30, 2008, according to the best of my ability (So help me God). t='~~ \=:~ }'\ Subscribed and sworn to before me this l.S...- day of .;fut-;1 2005. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT Q;~c0h~ , DEPUTY CLERK K:\oath and leaving service\Arts Commission\frankj eastbum oath05.doc CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 8, 2005 File #15-178 Sue Marie Worline, Secretary Roanoke Redevelopment and Housing Authority P. O. Box 6459 Roanoke, Virginia 24017-0359 Dear Ms. Worline: This is to advise you that Ben J. Fink has qualified as a Commissioner of the Roanoke Redevelopment and Housing Authority, for a term ending August 31, 2009. Sincerely, ~m.~hV ~ Mary F. Parker, CMC ~ -- City Clerk MFP:ew pc: Stephanie M. Moon, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Ben J. Fink, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Commissioner of the Roanoke Redevelopment and Housing Authority, for a term ending August 31, 2009, according to the best of my ability (So help me God). ---- Subscribed and sworn to before me this J3id'ay of J~ 2005. BRENDA S. HAMILTON, CLERK OF CIRCUIT COURT BY '~~A_f , DEPUTY ClERK CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 8, 2005 File #15-110-323 Stephanie M. Moon, Secretary War Memorial Committee Roanoke, Virginia Dear Ms. Moon: This is to advise you that Sloan H. Hoopes has qualified as a member of the War Memorial Committee, for a term ending June 30, 2008. Sincerely, ~~m.~~ ~/... Mary F. Parker, CMC ~ City Clerk MFP:ew Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Sloan H. Hoopes, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the War Memorial Committee, for a term ending June 30, 2008, according to the best of my ability (So help me God). ~--4~ Subscribed and sworn to before me this 24day of-:r~ 2005. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT B~~~ , DEPUTY CLERK K:\oath and leaving service\War Memorial Committee\Sloan h hoopes oath05.doc CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 2,2005 File #15-110-202 William C. Holland, Chair Personnel and Employment Practices Commission 1450 Forest Park Boulevard, N. W. Roanoke, Virginia 24017 Dear Mr. Holland: This is to advise you that Curtis E. Mills has qualified as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 2008. Sincerely, W~m,~wv Stephanie M. Moon, CMC Deputy City Clerk SMM:ew pc: Stephanie M. Moon, CMC, Deputy City Clerk Barry K. Agnew, Acting Secretary, Personnel and Employment Practices Commission v.IMol. ft_..1lan...:.... ~......,;.....\...........,"..I..niI Hnnln~nl nnlCtice~ COnmDssion\Curtis E Mills Qualification-doc Oath or Affi rmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Curtis E. Mills, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 2008, according to the best of my ability (So help me God). Subscribed and sworn to before me this & day of ~ 2005. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT , .\ c- BY \ f'\.c.Jb.~\ Mt~ -<) . DEPUTY CLERK K:\oath and leaving service\personnel and employment practices commission\curtis e mills oath.doc CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 2, 2005 File #110-429 Jesse A. Hall, Secretary Board of Trustees City of Roanoke Pension Plan Roanoke, Virginia Dear Mr. Hall: This is to advise you that George F. Taylor has qualified as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2009. Sincerely, ~~'ll\. ~~ ..L.. .ot../Mary F. Parker, CMC 7)-- City Clerk MFP:ew pc: Stephanie M. Moon, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, George F. Taylor, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2009, according to the best of my ability (So help me God). /J'1'lJz- Subscribed and sworn to before me this /l~ay Of~ 2005. F THE CIRCUIT COURT BY , DEPUTY CLERK K:\oath and leaving service\Board of Trustees, Pension Plan\George F Taylor oath05.doc CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 2, 2005 File #15-67-110 Nicole Ashby, Secretary Mill Mountain Advisory Committee Roanoke, Virginia Dear Ms. Ashby: This is to advise you that Eddie Wallace, Jr. has qualified as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 2008. Sincerely, ~~~ 'rv1. ~~ .b.. Mary F. Parker, CMC QCity Clerk MFP:ew pc: Stephanie M. Moon, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Eddie Wallace, Jr., do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 2008, according to the best of my ability (So help me God). ~dd; q;J ~c:r: fJr , Subscribed and sworn to before me this /'7..- day of :r~ 2005. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT ~~t~ . DEPUTY CLERK K:\oath and leaving service\Mill Mountain Advisory Committee\Eddie Wallace Jr oath05.doc CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 8, 2005 File #5-60-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No.3 7130-080105 appropriating funds for the Byrne Memorial Grant, and amending and reordaining certain sections ofthe 2005- 2006 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council ofthe City of Roanoke at a regular meeting which was held on Monday, August 1, 2005, and is in full force and effect upon its passage. Sincerely, ~rn.Wf~ g..v Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget Rolanda B. Russell, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police K:\AGENDA CORRESPONDENCElagenda correspondence 05\Aug 05\Aug 1 2005 correspondence.doc ~'-, ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of August, 2005. No. 37130-080105. AN ORDINANCE appropriating funds for the Byrne Memorial Grant, amending and reordaining certain sections of the 2005-2006 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2005-2006 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Grant Fund Appropriations Publications & Subscriptions Revenues Byrne Grant FY06 Byrne Grant Local Match FY06 035-640-3456-2040 $ 38,287 035-640-3456-3456 035-640-3456-3457 28,715 9,572 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: . (n. '1~~ City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 8, 2005 File #5-60-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37131-080105 authorizing the City Manager to accept a Crime Analysis Grant from the Department of Criminaljustice Services in the amount of $28,715.00, with the City providing an additional $9,572.00 in local matching funds, as more particularly described in a letter from the City Manager addressed to the Council under date of August 1, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 1, 2005. Sincerely, ~'nt. ~~ Juu Mary F. Parker, CMC g- - City Clerk MFP:ew Attachment pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Rolanda B. Russell, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police K:\AGENDA CORRESPONDENCE\agenda correspondence 05\Aug 05\Aug 1 2005 correspondence.doc J~ IN THE COUNCil- OF THE CITY OF ROANOKE, VIRGINIA The 1st day of August, 2005. No. 37131-080105. A RESOLUTION authorizing the acceptance of a Crime Analysis Grant from the Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Department of Criminal Justice a Crime Analysis Grant in the amount of $28,715.00, with the City providing an additional $9,572.00 in local matching funds. Such grant being more particularly described in the letter of the City Manager to Council dated August 1, 2005. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the Crime Analysis Grant, approved as to form by the City Attorney, required in connection with the acceptance of such grant and to furnish such additional information as may be required by the Department of Criminal Justice. ATTEST: ..'Ih.~ ~ CIty Clerk .. . CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone, (540) 853-2333 Fa" (540) 853-1138 CityWeb: www.roanokegov.com August 1, 2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda McDaniel, Council Member Honorable Brian J. Wish neff, Council Member Subject: Crime Analysis Grant Dear Mayor Harris and Members of Council: Background: The Roanoke Police Department employs a full time crime analyst. The crime analyst's role in the successful application of the principles of community policing is a vital one. Sophisticated analytical and mapping software packages are a necessary component of any professional crime analysis unit. The Police Department has been awarded $28,715 in grant funding through the Byrne Memorial Grant Program. These funds are to be used towards the purchase of updated GIS mapping software and analytical computer programs; which will enhance our ability to track crime trends as well as investigate on- going criminal enterprises. A required non-federal cash match of $9,572 is available through the State Asset Forfeiture program. The grant award and cash match combine to make this effort a $38,287 project. Recommended Action: Accept the Crime Analysis Grant award of $28,715 from the Department of Criminal Justice Services and the Byrne Memorial Grant Program; and authorize the City Manager to execute the grant agreement and any related documents, subject to them being approved as to form by the City Attorney. Honorable Mayor and Members of Council August 1, 2005 Pag e 2 Appropriate funding of $38,287 to the publications and subscriptions account and establish a revenue estimate of $28,715 in accounts to be established by the Director of Finance in the Grant Fund. Transfer $9,572 from State Asset Forfeiture (account# 035-640-3302-9015) to cover the required local cash match. Respectfully submitted, DLB:/gws c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda B. Russell, ACM for Community Development A. L. Gaskins, Chief of Police CMOS-00I00 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 8, 2005 File #60-236-240 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 37132-080105 appropriating funds for the Urban and Community Forestry Grant, and amending and reordaining certain sections of the 2005-2006 General and Grant Funds Appropriations. The abovereferenced measure was adopted by the Council ofthe City of Roanoke at a regular meeting which was held on Monday, August 1, 2005, and is in full force and effect upon its passage. Sincerely, ~rn'f}l~ ~....Mary F. Parker, CMC ,-- City Clerk MFP:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget Steven C. Buschor, Director, Parks and Recreation Carolyn Glover, Human Resources Administrator Helen Smythers, Urban Forestry Planner K:\AGENDA CORRESPONDENCElagenda correspondence 05\Aug 05\Aug 1 2005 correspondence.doc ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of August, 2005. No. 37132-080105. AN ORDINANCE appropriating funds for the Urban and Community Forestry Grant, amending and reordaining certain sections of the 2005-2006 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2005-2006 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Temporary Wages Transfer to Grant Fund Grant Fund Appropriations Regular Employee Salaries FICA Medical Insurance Dental Insurance Disability Insurance Revenues Urban and Community Forestry Grant FY06 Urban and Community Forestry Grant Local Match FY06 001-620-4340-1004 001-250-9310-9535 $ (4,294) 4,294 035-620-4346-1002 035-620-4346-1120 035-620-4346-1125 035-620-4346-1126 035-620-4346-1131 14,559 1,296 1,770 117 52 035-620-4346-4347 035-620-4346-4348 13,500 4,294 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. . n?~ City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 8, 2005 File #60-236-240 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37133-080105 authorizing the City Manager to accept the Urban and Community Forestry Grant from the Virginia Department of Forestry, in the amount of $13,500.00, and authorizing execution of the necessary documents, as more particularly set forth in a letter from the City Manager addressed to the Council under date of August 1, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 1, 2005. Sincerely, ~Yn. YY)O~ .,4.vMary F. Parker, CMC \.... I - - City Clerk MFP:ew Attachment pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Steven C. Buschor, Director, Parks and Recreation Carolyn Glover, Human Resources Administrator Helen Smythers, Urban Forestry Planner K:\AGENDA CORRESPONDENCElagenda correspondence 05\Aug 05\Aug 1 2005 correspondence.doc /:,1\., / '7~\~\o') IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of August, 2005. No. 37133-080105. A RESOLUTION accepting the Urban and Community Forestry Grant from the Virginia Department of Forestry, and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby accepts the Urban and Community Forestry Grant from the Virginia Department of Forestry in the amount of $13,500.00. 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, all necessary and appropriate agreements with the Virginia Department of Forestry, or any other party, for the City's acceptance of this grant, upon form approved by the City Attorney, as more particularly set forth in the City Manager's letter dated August 1,2005, to this Council. ATTEST: ~rn,~~ ~ City Clerk. K:\RESOLUTIONS\RESOLUTIONS\R_GRANT_FORESTRY08010S.DOC _~.'.2.(';;~"'i~(:.,.\.., U - ' .-, ~ ~ (, CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com August 1, 2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Acceptance of Grant for Development Alternatives and Guidelines for Tree Protection On June 7, 2005, the City was notified by the Virginia Department of Forestry that a $13,500 grant would be awarded to the City upon completion of a Memorandum of Agreement (Attachment 1). The grant will be used to fund a part-time Urban Forestry Planner to work with the City's Urban Forester on "Development Alternatives and Guidelines for Tree Protection." This grant is from the same program that funded the part-time Urban Forestry Planner for the past three years. This is the last year that the grant program can be used to fund an Urban Forestry Planner. The $13,500 Urban and Community Forestry Grant is a federal grant sponsored by the National Forest Service and administered by the Virginia Department of Forestry. Funds are awarded on a reimbursement basis after verification of the local match. The majority of the City's required local match will consist of 558 hours of staff time provided by the Urban Forester who is an employee in the Parks and Recreation department. The local cash match will be an additional $1,059 in salary and $3,235 for the City's share of FICA and the City's pro-rata share of long-term disability, hospitalization and dental insurance for the part- time Urban Forestry Planner. The funding will be used for the following: Honorable Mayor and Members of Council August 1, 2005 Page 2 . Develop guidelines for planting trees along riparian buffers (to coordinate with implementation of the revised zoning ordinance). . Make corresponding revisions to the public tree ordinance so that city property meets higher standards . Use C1TYgreen software to analyze individual forested sites. Make such analyses available as a key tool in evaluating proposed developments and land disturbances in the city. Recommended Action: Accept the Urban and Community Forestry Grant in the amount of $13,500 and authorize the City Manager and City Clerk to execute and attest respectively, an agreement with the Virginia Department of Forestry and any other forms necessary to accept such grant, approved as to form by the City Attorney. Appropriate $13,500 in federal funding and establish a corresponding revenue estimate in an account to be established by the Director of Finance in the Grant Fund. Transfer $4,294 from Parks and Recreation temporary wage account 001- 620-4340-1004 to the aforementioned Grant Fund account. Expenditures to be appropriated are: Account Regular Employee Salaries FICA Long-Term Disability Hospitalization Insurance Dental Insurance TOTAL Account # 035-620-4346-1002 035-620-4346-1120 035-620-4346-1131 035-620-4346-1125 035-620-4346-1126 Amount $ 14,559.00 $ 1,296.00 $ 52.00 $ 1,770.00 $ 117.00 $ 17,794.00 DLB:HS:na c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Steven B. Buschor, Director of Parks and Recreation Carolyn Glover, Human Resources Administrator Helen Smythers, Urban Forestry Planner CMOs-00I09 U&CF ASSISTANCE GRANT PROGRAM MEMORANDUM OF AGREEMENT GRANT # 05UCF23 This agreement made this 5th day of Julv ,2005 by and between the Virginia Department of Forestry, herein referred to as "Party of the First Part", and City of Roanoke herein referred to as "Party of the Second Part", The parties of this agreement, in consideration of the mutual covenants and stipulations set out herein in order to promote, support and participate in the U&CF Assistance Grant Program, sponsored by the U. S. Forest Service (Catalog of Federal Domestic Assistance (CFDA) Number 10-664) agree as follows: (1) SCOPE OF SERVICES: The Party of the Second Part shall provide the service to the Party of the First Part set forth in its Urban & Community Forestry Assistance proposal. (2) TIME OF PERFORMANCE: The service of the Party of the Second Part shall commence on June 21,2005 and shall terminate on May 15, 2006. All time limits stated are of the essence of this agreement. (3) COMPENSATION: The Party of the Second Part shall be paid by the Party of the First Part as set forth in A TT ACHMENT A. Funds will be transferred to the Party of the Second Part upon receipt of quarterly billings. The Party of the Second Part shall spend the funds according to the specified categories of the contract budget. Minor shifts of the funds among categories not to exceed 10 percent may be permitted by the Party of the First Part, but in no case can the total expenditures exceed the amount provided by this contract. Shifts of funds among budget categories exceeding 10 percent must be approved in writing by the Party of The First Part. (4) ASSISTANCE: The Party of the First Part agrees upon request of the Party of the Second Part to furnish, or otherwise make available to the Party of the Second Part, copies of existing non-proprietary materials in the possession of the Party of the First Part that are reasonably related to the subject matter of this agreement and are necessary to the Party of the Second Part for completion of his performance under this agreement. Page I (5) GENERAL PROVISIONS: Nothing in this agreement shall be construed as authority for either party to make commitments which will bind the other party beyond the Scope of Service contained herein. Furthermore, the Party of the Second Part shall not assign, sublet or subcontract any work related to this agreement or any interest it may have herein without the prior written consent of the Party of the First Part. This contract is subject to appropriations by the Virginia General Assembly. (6) INTEGRATION AND MODIFICATION: This contract constitutes the entire agreement between the Party of the Second Part and the Party of the First Part. No alteration, amendment or modification in the provisions of this agreement shall be effective unless it is reduced to writing, signed by the parties and attached hereto. (7) TERMINATION: The Party of the First Part may terminate this agreement for its convenience upon 60 days written notice to the other party. The Party of the Second Part shall be paid for no service rendered or expense incurred after receipt of such notice except such fees and expenses incurred prior to the effective date of termination that are necessary for curtailment of its/his work under this agreement. In the event of breach by the Party of the Second Part of this agreement, the Party of the First Part shall have the right immediately to rescind, revoke or terminate the agreement. In the alternative the Party of the First Part may give written notice to the Party of the Second Part specifying the manner in which the Agreement has been breached. Ifa notice of breach is given and the Party of the Second Part has not substantially corrected the breach within the sixty (60) days of receipt of the written notice, the Party of the First Part shall have the right to terminate this Agreement. In the event of rescission, revocation or termination, all documents and other materials related to the performance of this Agreement shall become the property of the Department of Forestry. (8) COLLATERAL CONTRACTS: Where there exists any inconsistency between this Agreement and other provisions of collateral contractual agreements which are made a part of this Agreement by reference or otherwise, the provisions of this Agreement shall control. (9) ANTI-DISCRIMINATION: During the performance of this contract, the Party of the Second Part agrees as follows; The Party of the Second Part will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonable necessary to the normal operation of the Party of the Second Part. The Party of the Second Part agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. The Party of the Second Part, in all solicitations or advertisement for employees placed by or on behalf of the Party of the Second Part, will state that such Party of the Second Part is an equal opportunity employer. Notices, advertisements and solicitations in accordance with federal law, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of the Section. The Party of the Second Part will include the above provisions in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. Page 2 (10) APPLICATIONS: This agreement shall be governed in all respects, whether as to validity, construction, capacity, petformance or otherwise, by the laws of the Commonwealth of Virginia. (11 ) SEVERABILITY: Each paragraph and provision of the Agreement is severable from the entire Agreement; and if any provision is declared invalid, the remaining provisions shall nevertheless remain in effect. (12) CONTINGENT FEE WARRANTY: The Party of the Second Part warrants that he/it has not employed or retained any person or persons for the purpose of soliciting or securing this Agreement. The Party of the Second Part further warrants that he/it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon the award or making of this Agreement. For breach of one or both of the foregoing warranties, the Agency shall have the right to terminate this agreement without liability, or, in its discretion or otherwise recover, the full amount of said prohibition fee, commission, percentage, brokerage fee, gift or contingent fee. (13) CONFLICT OF INTEREST: The Party of the Second Part warrants that he has fully complied with the Virginia Conflict of Interest Act. (14) FINANCIAL RECORDS AVAILABILITY: The Party of the Second Part agrees to retain all books, records and other documents relative to this Agreement for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is later. The Party of the First Part, its authorized agents and/or State auditors shall have full access to and the right to examine any of said materials during said period. Source documentation such as canceled checks (include copies of both front and back), paid bills, payrolls, time and attendance record (itemizing time spent on U&CF Assistance grant project), contracts, etc. will be submitted with the "Request for Funds." Invoices will be marked "PAID" and referenced as to how payment was made (i.e. check number). The Party of the Second Part agrees to comply with the following Federal cost and administrative regulations as applicable: NonwProfit Or2anizations Cost Principles, OMB CIR A-122 Admin. Regulations, OMB CIR A-II 0 Audits, OMB CIR-A 133 State and Local Governments Universities Cost Principles, OMB CIR A-S? Admin, Regulations, OMB CIR A- I 02 (rev.) Audits, OMB CIR A-133 Cost Principles, OMB CIR A-21 Admin. Regulations, OMB CIR A-I 10 Audits, OMB CIR A-133 Page 3 (15) OUARTERL Y REPORTS: The Party of the Second Part agrees to provide the Party of the First Part performance reports on all activities identified in the proposals as they occur. The performance reports will contain a summary of progress and activities for each activity within the proposal; indicate any problems and solutions in meeting requirements, and provide financial funds expenditure information for reimbursement as appropriate. The schedule for submittal of the periodic performance reports shall be as follows: PERIOD COVERED June 1. 2005 August 30, 2005 September 1, 2005 December 31. 2005 January I, 200(, March 3 I. 200(, April 1,200(, May 15. 200(, SUBMITTAL DATE Septcmber 15. 2005 January 15. 2006 April IS, 2006 Junc I. 2006 In witness whereof the parties have caused this agreement to be executed by the following duly authorized officials: PARTY OF THE SECOND PART PARTY OF THE FIRST PART This contract has been reviewed by the staff of the Party of the First Part. Its substantive terms are appropriate, and sufficient funds have been obligated for its performance. BY: BY: TITLE: City Manager TITLE: Urban and Commnnity Forestry Coordinator AGENCY: City of Roanoke, Virginia AGENCY: Virginia Department of Forestry DATE: DATE: Page 4 ATTACHMENT A PAYMENT PROCESS The funds awarded under the grant are available on a reimbursement basis after verification of match and in accordance with a payment schedule agreed to in advance. Grantees must file a request for payment and send records of expenditures along with documented costs to the Virginia Department of Forestry. The UCF Program Administrator will evaluate the progress of the project to determine eligibility for full funding. Grantees may request reimbursement as frequently as needed (within reason); or at least quarterly if there are qualifYing expenditures. FEDERAL AND STATE REGULATIONS Grantees must comply with all Federal regulations pertaining to Federal grants. Grantees are referred to OMB Circulars A-I 02 and A-II 0 which are the uniform administration requirements. Grantees are also referred to Section 3015, 3016, and 3017 of the Code of Federal Regulations and to cost principles outlined in OMB Circulars A-21, A-87, and A-122. Copies of these documents may be obtained from the Virginia Department of Forestry UCF Program Administrator upon request. Grantees must certify that they are not debarred from this grant program. Grantees should not conduct business with individuals or organizations debarred from Federal grant projects. Applicants must document project approval by the authorized representative of the local governing body, organization or institution applying for the grant. State and local government agencies must adhere to guidelines of the "Agency Procurement Manual" (January 1990) as required in Section 2.1-442 of the Code of Virginia. RECORD KEEPING REQUIREMENTS Records will be maintained according to all Federal regulations. The financial management system of the grantees shall meet the following standards: . Records shall comply with generally accepted accounting principles. . Records will document allowable costs. . Records will be supported by source documentation, such as canceled checks, paid bills, payrolls, time and attendance records, contracts, etc. Invoices must be marked paid and be referenced as to how payment was made (i.e., check number). Records will be maintained for three years following final payment Page 5 OMB Aooroval No. 0348-0043 APPLICATION FOR 2. OATE SUBMITTED Applicant Identifier July 5, 2005 PROPOSAL # FEDERAL ASSISTANCE 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY State Application Identifier Application Preapplication STATE 05UCF23 Construction Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier x Non-Construction x Non-Construction 5. Legal Name: Organizational Unit: Cit" of Roanoke Virninia Address (give city, county, state, and zip code) Name and telephone number of the person to be contacted on matters 215 Church Avenue, Roanoke, VA 24011 involving this application (give area code) Dan Henry 540-853-1994 EMPLOYER IDENTIFICATION NUMBER (EIN): 7. TYPE OF APPLICANT: ~ (enter appropriate letter in box) 15141 - I 61 01 0111516191 A. State H. Independent School Cist. B. County I. State Controlled Inst.of Higher Learning 8. TYPE OF APPLICATION: C. Municipal J. Private University [8] New D Continuation D Revision D. Township K. Indian Tribe E. Interstate L. Individual If Revision, enter appropriate letter(s) in box(es): D D F. Intermunicipal M. Profit Organization G. Special District N. Other (Specify): A. Increase Award B. Decrease Award C. Increase Duration D. Decrease Duration Other (specify): 9. NAME OF FEDERAL AGENCY: USDA Forest Service 10. CATALOG OF FEDERAL 1PT" q6T4 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: DOMESTIC ASSISTANCE NO. TITLE: Cooperative Forestry Development Alternatives and Guidelines for Tree Protection 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.) Citv of Roanoke, Virninia 13. PROPOSED 14. CONGRESSIONAL DISTRICTS OF: PROJECT: Start Date Ending Date a. Applicant 6 I b. Project: 6 June 21. 2005 Mav 15, 2006 15. ESTIMATED FUNDING: 16. ISAPl'\JCA1lON5UlJECTTORE\6VBYsrAlEElCIDJI1\/ECHlER1zm~t a. Federal $ 13,500 .00 a YES. THSPREI\FPLC'>.IDI'I'l'f'FU:AllCNWASM<>l:EAVAIJ>Bl.ElDlHO b. Applicant $ 4,294 .00 SfAlEEXEOJTNECA[ffi 1ZJl2FRCCESSF<R~rn c. State $ .00 DATE d. Local $ .00 b. NO. [Z] ffiJGRAMlSr-orCXJvEJHlBYEo.1ZJl2 e. Other $ 17,103 .00 f. Program Income $ .00 D CRffiJGRAM f'AS r-or8EENSEI.EClIDBYSfAlEF<R~ g. TOTAL $ 34,897 .00 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? DYes If "Yes," attached an explanation [Z] No 18. 10 1I-E BEST OF MY I<NC/I\I.BlGE ANl B8..EF, AlL llo\TA N THS APl'\JCA1IlNmEAFI'ID\1lON ~ lRlEANl 00._1. 1I-E IXlCU\t3I/T HAS !EN OILY AIJlHORIZE)BY1I-E~BOOYOF1I-EAPPI.JCANT ANl1l-EAF'PI..ICAtII1MCCIM'l.YV\ITH1I-EATTACIElASSlR<\NCESF1I-EASSISTANCEIS/IINI!R:sJ. a. Typed Name of Authorized Representative: I b. Title: City Manager c. Telephone Number: 540-853-2333 Darlene L. Burcham d. Signature of Authorized Representative: e. Date Signed: Previous Editions Not Usable Standard Form 424 (REV 7-97) Prescribed by OMS Circular A-102 Authorized for Local Reproduction OMB Approval No. 0348.0043 INSTRUCTIONS FOR THE SF 424 This is a standard form used by applicants as a required facesheet for preapplica1ions and applications submilled for Federal assistance. It will be used by Federal agencies to obtain applicant certification thai Slates which have established a review and comment procedure in response to Execu1ive Order 12372 and have selected 1he program to be included in their process, have been given an opportunity to review the applicant's submission. For preapplications, use a separate sheet to Item: Entry: provide a summary description of 1his project. 1. Self-explanatory. 2. Date application submilled 10 Federal agency (or State if applicable) & applicant's control number (if applicable). 3. Stale use only (if applicable). 4. If this application is to continue or revise an exis1ing award, en1er present Federal identifier number. If for a new projec1, leave blank. 5. Legal name of applican1, name of primary organiza1ional unit which will undertake the assistance activity, complete address of the applicant, and name and telephone number of the person to contact on mailers related to this applica1ion. 6. Enter Employer Identification Number (EIN) as assigned by the Internal Revenue Service. 7. En1er 1he appropriate leller in the space provided. 8. Check appropriate box and enter appropriate leller(s) in the space(s) provided: --"New" means a new assistance award. --"Continuation" means an ex1ension for an addi1ional funding/budget period for a project with a projected comple1ion dale. --"Revision" means any change in the Federal Government's financial obligation or contingen1 liability from an existing obliga1ion. 9. Name of Federal agency from which assistance is being requested with 1his application. 10. Use the Catalog of Federal Domestic Assistance number and title of the program under which assis1ance is requested. 11. Enter a brief description title of 1he project. If more than program is involved, you should append an explanation on a separa1e sheet. If appropriate (e.g., construction or real property projects), allach a map showing project location. 11em Entry: 18. 12. List only the largest political entities affected (e.g., State, counties, cities). 13. Self-explanatory. 14. Lis1 1he applicant's Congressional District and District(s) affected by the program or project. 15. Amount reques1ed or 10 be contributed during the first funding/budget period by each contributor. Value of in-kind contributions should be included on appropriate lines as applicable. If the action will result in a dollar change to an existing award, indicate on/v the amount of 1he change. For decreases, enclose the amounts in parentheses. If both basic and supplemental amounts are included, show breakdown on an allached sheet. For multiple program funding, use 10tals and show breakdown using same categories as item 15. 16. Applicants should contact 1he Slate Single Point of Contact (SPOC) for Federal Executive Order 12372 to de1ermine whe1her the application is subject to the State intergovernmental review process. 17. This question applies to the applicant organization, no1 the person who signs as the authorized representative. Categories of debt include delinquent audit disallowances, loans and taxes. To be signed by the authorized representative of the applicant. A copy of the governing body's authorization for you to sign this application as official representative must be on fiie in the applicant's office. (Certain Federal agencies may require that this authorization be submilled as part of the application.) SF 424 (REV 7-97) Back Authorized for Local Reproduction OMS Approval No. 0348-0040 ASSURANCES -- NON-CONSTRUCTION PROGRAMS Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the dulv authorized reoresentative of the aoolicant I certify that the aoolicant: (e) the Drug Abuse Office and Treatment Act of 1972 I. Has the legal authority to apply for Federal assistance, (P.L. 92-255), as amended, relating to nondiscrimination and the institutional, managerial and financial capability on the basis of drug abuse; (f) the Comprehensive (including funds sufficient to pay the non-Federal share Alcohol Abuse and Alcoholism Prevention, Treatment of project costs) to ensure proper planning, management and Rehabilitation Act of 1970 (P.L. 91-616), as and completion of the project described in this amended, relating to nondiscrimination on the basis of application. alcohol abuse or alcoholism; (g) SS 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290-dd-3 2. Will give the awarding agency, the Comptroller General and 290 ee-3), as amended, relating to confidentiality of of the United States, and if appropriate, the State, alcohol and drug abuse patient records; (h) Title Vlll of through any authorized representative, access to and the the Civil Rights Act of 1968 (42 U.S.c. S 3601 et seq.), right to examine all records, books, papers, or documents as amended, relating to nondiscrimination in the sale, related to the award; and will establish a proper rental or financing of housing; (I) any other accounting system in accordance with generally accepted nondiscrimination provisions in the specific statute(s) accounting standards or agency directives. under which application for Federal assistance is being made; and U) the requirements of any other 3. Will establish safeguards to prohibit employees from nondiscrimination statute(s) which may apply to the using their positions for a purpose that constitutes or application. presents the appearance of personal or organizational conflict of interest, or personal gain. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform 4. Will initiate and complete the work within the applicable Relocation Assistance and Real Property Acquisition time frame after receipt of approval of the awarding Policies Act of 1970 (P.L. 961-646) which provide for agency. fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or 5. Will comply with the Intergovernmental Personnel Act federally assisted programs. These requirements apply of 1970 (42 U.S.c. SS 4728-4763) relating to prescribed to all interests in real property acquired for project standards for merit systems for programs funded under purposes regardless of Federal participation 10 one of the nineteen statutes or regulations specified in purchases. Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 8. Will comply with the provisions of the Health Act (5 US.c. SS 1501-1508 and 7324-7328) which limit the 6. Will comply with all Federal statutes relating to political activities of employees whose principal nondiscrimination. These include but are not limited to: employment activities are funded in whole or in part (a)Title VI of the Civil Rights Act of 1964 (Pol. 88-352) with State funds. which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education 9. Will comply, as applicable, with the provisions of the Amendments of 1972, as amended (20 U.S.c. SS 1681- Davis-Bacon Act (40 U.S.C. SS 276a to 276a-7), the 1683, and 1685-1686), which prohibits discrimination on Copeland Act (40 U.S.c. S 276c and 18 U.S.C. SS 874), the basis of sex; (c) Section 504 of the Rehabilitation Act and the Contract Work Hours and Safety Standards Act of 1973, as amended (29 U.S.C. S 794), which prohibits (40 U.S.C. SS 327-333), regarding labor standards for discrimination on the basis of handicaps; (d) the Age federally assisted construction subagreements. Discrimination Act of 1975, as amended (42 U.S.c. 99 6101-6107), which prohibits discrimination on the basis 10. Will comply, if applicable, with flood insurance of age; purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which Standard Fonn424B (7-97) Prescribed by OMB Circular A-102 Authorized for Local Reproduction requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition of$10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.c. SS 1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. S 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). (identification and protection of historic properties), and the Archeological and Historic Preservation Act of 1974 (16 U.S.c. 469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.c. SS 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.c. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.c. 470), EO 11593 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. SS 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE City Manager APPLICANT ORGANIZATION DATE SUBMITTED City of Roanoke, Virginia SF 4248 (7-97) Back 2005 Urban and Community Forestry Assistance Grants BUDGET WORKSHEET Applicant: Grant Number: Project Name: City of Roanoke 05UCF23 Develoment Alternative & Guidelines for Tree Protection CATEGORY Grant Share Applicant Cash In-Kind* Cash Donation Total PERSONNEL SERVICES 13,500 1,059 17,103 (STAFF time) 31,662 FRINGE BENEFITS 3,235 3,235 PERSONNEL SERVICES (VOLUNTEER time) 0 CONTRACTUAL SERVICES (Consultants. landscape architects, arborisls enrrineers, etc.) 0 TRAVEL 0 SUPPLIES & MATERIALS 0 EQUIPMENT 0 CONSTRUCTION 0 PRINTING 0 MISe. (advertising, postage, o.Uice rent, etc.) 0 TOTAL 13,500 4,294 17,103 34,897 NOTE: Total of Applicant Share Column, In-Kind and Cash Donation Column must equal or exceed Grant Share Column. *$17.55 is the federally accepted base rate for volunteers. You may use a higher value for a professional who volunteers his professional services. For current volunteer rate info visit htto:/lindeoendentsector.orq/media/20050324 time value_html Note: The $17,103Iis1ed under Personnel In-Kind represents 558 hours of work by Dan Henry, Roanoke's Urban Forester, at a rale of $30.65 per hour. U.S. DEPARTMENT OF AGRICULTURE Certification Regarding Debarment, Suspension, and Ineligibility And Voluntary Exclusion - Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30,1989, Federal Register (pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency with which this transaction originated. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (l) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. City of Roanoke, Virqinia Organization Name OSUCF23 PR/Award Number of Project Name Darlene L. Burcham, City Manaqer Name and Title of Authorized Representative Signature Date Fonn AD-I048 (2/89) INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out on the reverse side in accordance with these instructions. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections ofthe rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this form that it will include this clause title '''Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion M Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 Form AD-I048 (2/89) Substitute Form W.g VIRGINIA DEPARTMENT OF FORESTRY 12/01/2000 (Nov.1990) fsubw9po.dot REQUEST FOR TAXPAYER IDENTIFICATION NUMBER(S) AND CERTIFICATION RETURN THIS FORM TO THE REQUESTER WITHIN 30 DAYS - FAILURE TO RETURN MAY RESULT IN 31% eACKUP WITHHOLDING Each person or organization doing business with the Commonwealth of Virginia must provide the following information. ORGANIZATION ENTITY: (CHECK ONLY ONE) 0 INDIVIDUAL 0 NON. PROFIT ORGANIZATION 0 SOLE PROPRIETOR 0 FEDERAL AGENCY 0 PARTNERSHIP 0 STATE AGENCY 0 CORPORATION I:8J LOCAL GOVERNMENT 0 TRUST 0 POLITICAL SUBDIVISION 0 ESTATE 0 OTHER ENTER THE FOLLOWING: SOCIAL SECURITY NUMBER And/Or EMPLOYER IDENTIFICATION NUMBER 54.6001569 LEGAL NAME Note: Roanoke is a municipal corporation and is tax exempt under IRS Code Section 115. (MUST MATCH THE SOCIAL SECURITY NUMBER. IF APPLICABLE) TRADE NAME City or Roanoke, Virginia (MUST MATCH THE EMPLOYER IDENTIFICATION NUMBER, IF APPLICABLE) MAILING ADDRESS 215 Church Avenue SW Roanoke, VA 24011 CONTACT PERSON Daniel J. Henry TELEPHONE NUMBER 540.853.1994 PLEASE ANSWER THE FOLLOWING QUESTIONS: IS YOUR ORGANIZATION (ASSOCIATION, CLUB, RELIGIOUS, CHARITABLE, EDUCATIONAL, OR OTHER GROUP) TAX EXEMPT UNDER IRS CODE SECTION 501(A)? ARE YOU A REAL ESTATE AGENT? DYES DNO DYES 1:8:1 NO CERTIFICATION: UNDER PENALTIES OF PERJURY, I CERTIFY THAT: (1) The number(s) shown on this form is my correct taxpayer identification number(s) (or I am waiting for a number to be issued to me), and (2) I am not subject to backup withholding either because I have not been notified that I am subject to backup withholding as a result of failure to report all interest or dividends, or the Internal Revenue Service has notified me that I am no longer subject to backup withholding. [You must cross out item (2) above if you have been notified by IRS that you are currently subject to backup withholding because of underreporting interest or dividends on your tax return. (see Signing the Certification under Specific Instructions on the Form W.9 Instructions which follow.) ] SIGNATURE DATE Return this form to Virginia Department of Forestry gOO Natural Resources Drive, Suite 800, Charlottesville, VA 22903 E.) CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 8, 2005 File #60-72 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No.3 7134-080105 authorizing the City Manager to accept a subaward, in the amount of $258,505.00, from Virginia Commonwealth University, in connection with Virginia Institute for Social Service Training Activities, as set forth in a letter from the City Manager addressed to the Council under date of August 1, 2005. The abovereferenced measure was adopted by the Council ofthe City of Roanoke at a regular meeting which was held on Monday, August 1, 2005. MFP:ew Sincerely, AttJ~.~~rn, ~O~ ,t(;A..) Mary F. Parker, CMC fJ City Clerk Attachment pc: Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Jane R. Conlin, Director of Human Services Meredith Burger, Supervisor, VISSTA Piedmont Area Training Center K:\AGENDA CORRESPONDENCElagenda correspondence 05\Aug 05\Aug 1 2005 correspondence.doc f)fC- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of August, 2005. No. 37134-080105. A RESOLUTION authorizing the acceptance ofa subaward in the amount of$258,505.00 from Virginia Commonwealth University and authorizing the City Manager to execute a sub award agreement with Virginia Commonwealth University for such funds for local supervision and operation of the Virginia Institute for Social Service Training Activities ("VISST A") Piedmont Area Training Center, upon certain terms and conditions. , BE IT RESOLVED by the Council of the City of Roanoke that: 1. The subaward from Virginia Commonwealth University for local supervision and operation of the VISSTA Piedmont Area Training Center, in the amount of$258,505.00, as set forth in the City Manager's letter, dated August 1,2005, to this Council is hereby ACCEPTED. 2. The City Manager, or her designee, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these grant funds, and to furnish such additional information as may be required in connection with the City's acceptance of these subgrant funds. All documents shall be approved as to form by the City Attorney. ATTEST: rn'irjlflhV "~ity Clerk. K:\RESOLUTIONS\RESOUInQNS\R-VISSTA.08010S.DOC CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone, (540) 853-2333 Fa" (540) 853-1138 CityWeb: www.roanokegov.com August 1, 2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Virginia Commonwealth University, VISSTA Subaward Agreement Background: The Virginia Department of Social Services grants funds to VCU for the operation of five Virginia Institute for Social Service Training Activities (VISSTA) Area Training Centers throughout the Commonwealth. The City of Roanoke Department of Social Services has received an annual subaward for the local supervision and operation of the Piedmont Area Training Center since 1998. Considerations: City Council adopted a budget of $373,357 for this 2006 fiscal year program. The actual subaward amount is $258,505 for the first half of the fiscal year. A new subaward for the second half of the fiscal year will be issued this fall. We expect the total amount of the subaward will exceed the adopted budget. This subaward is issued on a cost reimbursable basis. The VISSTA program provides valuable training classes for local Department of Social Services staff, including social workers, eligibility workers, their supervisors and administrative staff. They also provide training for local Department of Social Services approved or state licensed child care providers. These training events enhance the knowledge and skills of these staff and child care providers, such that vulnerable children, adults and families are effectively assisted in obtaining an appropriate level of safety and self-sufficiency. Honorable Mayor and Members of City Council August 1, 2005 Page 2 Recommended Action: Authorize the City Manager or her designee to accept the $258,505 subaward from VCU, and to execute the subaward Agreement. 0& Darlene L. Bu City Manage DLB:tem c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Jane R. Conlin, Director of Human/Social Services Meredith Burger, Supervisor, VISSTA Piedmont Area Training Center CMOS-OOI13 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 8, 2005 File #178-200-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37135-080105 authorizing the City Manager to execute Amendment No. 1 to the 2004-2005 Agreement with Community Housing Partners Corporation, Inc., to conduct housing activities using Community Development Block Grant and HOME Investment Partnerships Program funds, upon certain terms and conditions, as more particularly set forth in a letter from the City Manager addressed to the Council under date of August 1, 2005. The abovereferenced measure was adopted by the Council ofthe City of Roanoke at a regular meeting which was held on Monday, August 1, 2005. MFP:ew iiiJ~'on. rvrv ~Mary F. Parker, CMC tJ - - City Clerk Attachment pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Frank E. Baratta, Budget Team Leader K:\AGENDA CORRESPONDENCElagenda correspondence 05\Aug 05\Aug 1 2005 correspondence.doc ~\6 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 1st day of August, 2005. No. 37135-080105. A RESOLUTION authorizing the appropriate City officials to execute an Amendment No. 1 to the 2004-2005 Agreement with Community Housing Partners Corporation, Inc. ("CHPC") to conduct housing activities using Community Development Block Grant ("CDBG") and HOME Investment Partnerships Program ("HOME") funds, upon certain terms and conditions. WHEREAS, by Resolution No. 36764-070604, aClopted July 6, 2004, the Council of the City of Roanoke, Virginia, ("Council") authorized appropriate City Officials to enter into the 2004-2005 Agreement with CHPC to conduct certain housing activities using CDBG and HOME funds; and WHEREAS, by Resolution No. 37051-051005, adopted May 10, 2005, Council approved, among other purposes, additional funding for CHPC's activities. THEREFORE, BE IT RESOLVED by Council that the City Manager, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, an Amendment No. 1 to the 2004-2005 agreement with CHPC, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's letter dated August 1, 2005. ib2: , rn. 1Yl~ ; J ~';:~CI~k I /.-\~,~~ _~""\1"1""~{" r} '-II.. .~J -- CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com August 1, 2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of Council: Subject: Amendment of 2004/2005 CDBG/HOME Agreement with Community Housing Partners Corporation, Inc. (CHPC) Background: For more than 25 years, Community Housing Partners Corporation (CHPC) has successfully built and renovated housing in several localities across Virginia. On July 6, 2004, by Resolution No. 36764-070604, City Council authorized execution of CHPC's first contract to produce housing using Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds provided by the City. Since that time, CHPC has been acquiring and rehabilitating eight properties in the city's Hurt Park, Mountain View and West End neighborhoods. At its special meeting held May 10,2005, City Council approved the City's 2005- 2010 Consolidated Plan, including activities designated to receive CDBG and HOME funding during the FY 2005-2006 period. Among the designated activities was continuing CHPC's housing efforts in these neighborhoods. The new 2005- 2006 CDBG and HOME funding provided for CHPC's activities totals $215,000. These funds will allow CHPC to rehabilitate eight additional houses, for a total of 16 to be completed by June 30, 2006. The funds also provide for homebuyer education, which is conducted by Blue Ridge Housing Development Corporation through a cooperative agreement with CHPC. The Honorable Mayor and Members of Council August 1, 2005 Page 2 Considerations: Section 2-124 ofthe City Code (1979, as amended) limits the City Manager's direct authority to a maximum of $25,000 with respect to amending federally assisted subgrant agreements. Therefore, City Council's authorization is required in order to implement the actions called for by this amendment. Extending the 2004-2005 CHPC agreement and adding the necessary funding under a single amendment is more efficient than creating a new agreement. All of the necessary funds have previously been appropriated into the required accounts, as detailed in the draft amendment included with this Council letter. Recommended Action: Authorize the City Manager to execute Amendment No. 1 to the 2004-2005 CDBG/HOME Agreement with CHPC, similar in form and content to the draft attached to this report, and approved as to form by the City Attorney. Res ectfully submitted, ,~~ Darlene L. B#C;:;~~ City Manager DlB:feb Attachment c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Frank E. Baratta, Budget Team leader CMOS-00I04 Attachment 1 AMENDMENT No.1 This Amendment No.1 is made and entered into this first day of July 2005, by and between the City of Roanoke, Virginia, ("Grantee") and Community Housing Partners Corporation, Inc. ("Subgrantee"). WITNESSETH: WHEREAS, by Resolution No. 36764-070604, the Council of the City of Roanoke, Virginia, ("Council") approved the execution of a subgran1 agreement between the Grantee and the Subgrantee ("Agreement"); and WHEREAS, by Resolution No. 37051-051005, Council approved the submission of the City's 2005-2010 Consolidated Plan, which included the Action Plan for 2005-2006, to the U.S. Department of Housing and Urban Development ("HOD"), providing for, among other purposes, additional funding for the Subgrantee's activities; and WHEREAS, by Resolution No. _ - , Council approved the execution of this Amendment No.1 to the Agreement, extending the time of performance, increasing the funding, and revising goals and other technical proVISIOns; NOW, THEREFORE, the parties hereto mutually agree to this Amendment No.1, 10 effect the following changes: 1. Part 1, "SCOPE OF SERVICES," subpart b., "CHPC Homeownership Program," subsection (1), "Rehabilitation Component," shall be revised to read: * * * * * Lb. (1) Rehabilitation Component - The Sub grantee shall rehabilitate existing vacant properties for resale to eligible homebuyers. Activities may include property acquisition and the installation of infrastructure related to the housing being assisted. Where advisable and mutually agreeable to the Grantee and the Subgrantee, housing may be demolished (subject to historic and other environmental review requirements) and reconstructed. Other housing assistance not involving new homeownership activities shall not be undertaken unless expressly approved by the Grantee in writing. All units assisted with HOME funds shall conform to standard HOME project set-up procedures and documentation. Performance Factors: The Grantee and Subgrantee mutually agree that, during the period of this Agreement, approximately 16 single-family homes will be rehabilitated with the project funds made available under this Agreement for this component and development funding leveraged by the Subgrantee. * * * * * Page 1 of 3 2 Part 1, "SCOPE OF SERVICES," subpart f., "Period of this Agreement," shall be revised to read: * * * * * 1.f. Period of this Agreement -- This Agreement shall be effective as of July 1, 2004, and, unless amended, shall end June 30, 2006. * * * * * 3. Part 1, "SCOPE OF SERVICES," subpart g., "Budget," shall be revised to read: * * * * * 1.g. Budget - A total of $430,000 in CDBG and HOME funds is being provided by the Grantee under this Agreement in the following accounts: CDBG CDBG HOME HOME 35-G05-0520-5419 35-G06-0620-5419 35-090-5312-5450 35-090-5313-5450 $67,203.00 $15,000.00 $147,797.00 $200,000.00 Not more than $20,000 of the CDBG funding indicated above shall be expended for costs of homeownership education. At the sole discretion of the Grantee, any funds remaining unexpended as of the end date of this Agreement may be deobligated from the Agreement and made available for other CDBG or HOME projects, as appropriate. The commitment of funds by the Grantee 10 this Agreement shall not be construed as a commitment by the Grantee to provide further funding to this project. * * * * * The Agreement, dated July 1, 2004, shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year hereinabove written: ATTEST: FOR THE GRANTEE: By By Darlene L. Burcham, City Manager Mary F. Parker, City Clerk WITNESS: FOR THE SUBGRANTEE: By Glenn Goetsch, Vice Pres. of Homeownership By J anaka Casper, President Page 2 of 3 APPROVED AS TO CDBGIHOME ELIGIBILITY Department of Management and Budget APPROVED AS TO EXECUTION Assistant City Attorney APPROVED AS TO FORM Assistan1 City Attorney APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Director of Finance Date Account # 35-G05-0520-5419 ($67,203.00) 35-G06-0620-5419 ($15,000.00) 35-090-5312-5450 ($147,797.00) 35-090-5313-5450 ($200.000.00) Page 3 of 3 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 8, 2005 File #178-200-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No.3 7136-080105 authorizing the City Manager to execute Amendment No.1 to the 2004-2005 Agreement with Blue Ridge Housing Development Corporation to conduct housing activities using Community Development Block Grant and HOME Investment Partnerships Program funds, upon certain terms and conditions, within the limits of funds and for the purposes as more particularly set forth in a letter from the City Manager addressed to the Council under date of August 1, 2005. The abovereferenced measure was adopted by the Council ofthe City of Roanoke at a regular meeting which was held on Monday, August 1, 2005. Sincerely, ~fh, '1~ "k..) Mary F. Parker, CMC p....- City Clerk MFP:ew Attachment pc: Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Frank E. Baratta, Budget Team Leader Alvin Nash, President, Blue Ridge Housing Development Corporation, Inc., 510 110h Street, N. W., Roanoke, Virginia 24017 K:\AGENDA CORRESPONDENCElagenda correspondence 05\Aug 05\Aug 1 2005 correspondence.doc 1~\f IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 1st day of August, 2005. No. 37136-080105. A RESOLUTION authorizing the appropriate City officials to execute an Amendment No. 1 to the 2004-2005 Agreement with Blue Ridge Housing Development Corporation ("BRHDC") to conduct housing activities using Community Development Block Grant ("CDBG") and HOME Investment Partnerships Program ("HOME") funds, upon certain terms and conditions. WHEREAS, by Resolution No. 36867-100704, adopted October 7,2004, the Council of , the City of Roanoke, Virginia, ("Council") authorized appropriate City Officials to enter into the 2004-2005 Agreement with BRHDC to conduct certain housing activities using CDBG and HOME funds; and WHEREAS, by Resolution No. 36970-022205, adopted February 22, 2005, and by Resolution No. 37051-051005, adopted May 10, 2005, Council approved, among other purposes, additional funding for BRHDC's activities. THEREFORE, BE IT RESOLVED by Council that the City Manager, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, an Amendment No. 1 to the 2004-2005 agreement with BREDC, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's letter dated August 1, 2005. ATTEST: ~1I(""".\:(.p),fl>.e.'J;.\ ,. ., ii\ ,. .- ~."" ..: CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com August 1, 2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of Council: Subject: Amendment of 2004/2005 CDBG/HOME Agreement with Blue Ridge Housing Develop- ment Corporation (BRHDC) Background: At its special meeting held May 10,2005, City Council approved the City's 2005- 2010 Consolidated Plan, including activities designated to receive Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funding during the FY 2005-2006 period. Among the activities provided for was continuing BRHDC's housing efforts in the Gainsboro neighborhood under Project COLD("Gainsboro Opportunities Leveraging Development"), the City's most recent effort to concentrate its CDBG and HOME resources, as well as funding for BRHDC to acquire and assist housing in a distressed section of Hanover Avenue and to repair several single-room occupancy (SRO) facilities it operates in the City. The new 2005-2006 CDBG and HOME funding provided for these activities totals $787,822. In addition, $40,000 in CDBG funds was previously approved and set aside for the Hanover Avenue activities by City Council at its February 22, 2005, meeting. Finally, an increase of $1 0,000 in CDBG funding is needed for BRHDC's Demolition Fund activities to provide sufficient funds to remove two houses on the 1000 block of Gilmer Avenue that are too deteriorated for rehabilitation. The amendment to the BRHDC agreement recommended by this letter addresses all these project activities. The Honorable Mayor and Members of Council August 1, 2005 Pag e 2 Considerations: Section 2-124 of the City Code (1979, as amended) limits the City Manager's direct authority to a maximum of $25,000 with respect to amending federally assisted subgrant agreements. Therefore, City Council's authorization is required in order to implement the several actions called for by this amendment. Extending the 2004-2005 BRHDC agreement, incorporating the two new activities and adding the necessary funding under a single amendment is more efficient and allows more effective administration ofthe multiple activities undertaken by BRHDC. All ofthe necessary funds have previously been appropriated into the required accounts, as detailed in Attachment A of the draft amendment, which is included with this Council letter. Recommended Action: Authorize the City Manager to execute Amendment No. 1 to the 2004-2005 CDBG/HOME Agreement with the BRHDC, similar in form and content to the draft attached to this report, and approved as to form by the City Attorney. Respectfully submitted, Darlene L. Bur City Manager Attachment c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Frank E. Baratta, Budget Team Leader CMOS-00I0S Atlachment 1 AMENDMENT No.1 This Amendment No.1 is made and entered into this first day of July 2005, by and between the City of Roanoke, Virginia, ("Grantee") and Blue Ridge Housing Development Corporation, Inc. ("Subgrantee"). WITNESSETH: WHEREAS, by Resolution No. 36867-100704, the Council of the City of Roanoke, Virginia, ("Council") approved the execution of a subgrant agreement between the Grantee and the Sub grantee ("Agreement"); and WHEREAS, by Resolution No. 37051-051005, Council approved the submission of the City's 2005-2010 Consolidated Plan, which included the Action Plan for 2005-2006, to the U.S. Department of Housing and Urban Development ("HUD"), providing for, among other purposes, additional funding for the Subgrantee's activities; and WHEREAS, by Resolution No. _- , Council approved the execution of this Amendment No.1 to the Agreement, extending the time of performance, increasing the funding, and revising goals and other technical provisions; NOW, THEREFORE, the parties hereto mutually agree to this Amendment No.1, to effect the following changes: 1. Part 1, "SCOPE OF SERVICES," subpart b., "Proiect GOLD ("Gainsboro Opportunities Leveraging Development")," shall be revised to read: * * * * * 1.b. Proiect GOLD ("Gainsboro Opportunities Leveraging Development") -- In a manner consistent with the Gainsboro Neighborhood Plan, and in coordination with the Roanoke Redevelopment and Housing Authority, 1he Subgrantee shall conduc1 housing enhancement activities in the Gainsboro neighborhood of the City. This may include new homeownership aC1ivities such as the construction of new infill housing or the rehabilitation of existing vacant properties for resale to eligible homebuyers and homeownership education activities. Activities may also include property acquisition and the installation of infrastructure related to 1he housing being assisted. Other housing assistance not associated with these new homeownership activities, such as the rehabilitation of existing owner- occupied or rental housing, shall be undertaken only upon the Grantee's written authorization. The CDBG and HOME funds provided by the Grantee under this Agreement for these activities may be used for development subsidies or offered as direc1 financial assistance to eligible individuals in such form or forms (e.g. grants, active or deferred loans, or other allowable forms of assistance) as are mu1ually agreeable to the Grantee and the Subgrantee, and may be combined with financing provided by other public or private agencies or ins1itutions. All units assisted with HOME funds shall conform to standard HOME project set-up procedures and documentation. In conducting its housing activities, the Subgrantee shall endeavor to keep the Gainsboro Steering Commitlee informed of its plans and progress, and consider the advice and assistance of the Commitlee regarding project implementation. Page 1 of 5 Performance Factors: The Gran1ee has estimated from the average cost and leveraging data supplied by the Subgrantee that as many as 12 units could be assis1ed with the project funds made available under this Agreement for 1his aC1ivity. * * * * * 2. Part 1, "SCOPE OF SERVICES," subpart d., "Demolition Fund," shall be revised to read: * * * * * Ld. Demolition Fund - In coordination with the Grantee's Code Compliance office and appropriate neighborhood organizations, the Sub grantee shall identify, acquire and demolish deteriorated housing that is contributing to blight in the City. For a period not to exceed two (2) years, the property may be "banked" while an appropriate disposition plan for 1he property is developed. Subject to the Grantee's approval, such disposition plan may entail the Subgrantee's development of the property or transfer of the property to a third party with the demonstrated capability to undertake the development. All such properties assisted under this activity, whether direc1ly by the Subgrantee or indirectly, through the efforts of third parties, shall result in affordable single-family housing 10 be sold to low- or moderate- income families that shall use the housing as their principal dwelling. Agreements with third parties shall incorporate all requirements of 1his Agreement and shall be subject to the approval of the Grantee. Performance Factors: The Gran1ee has estimated from its own demolition experience that as many as 5 houses could be acquired and demolished with the project funds made available under this Agreement for this activity. It shall be the goal for this activity that all demolition project funds be committed by the Sub grantee within the period of this Agreement to specific properties through contracts for sale with homeowners and contracts with demoli1ion contractors. Within 1wo years of the acquisition of a property, the Subgran1ee will submi1 for the Grantee's approval a disposition plan for each such property and will initiate each approved plan. * * * * * 3 Part 1, "SCOPE OF SERVICES," subpart h, "Period of this Agreement," shall be revised to read: * * * * * 1.h. Period of this Agreement -- This Agreemen1 shall be effective as of July 1, 2004, and, unless amended, shall end June 30, 2006. * * * * * 4. Part 1, "SCOPE OF SERVICES," shall be revised to insert anew subpart e., "HanoverProiect," which shall read: * * * * * I.e. Hanover Proiect -- In coordination with the Washington Park Neighborhood Alliance, Faith Works in the Roanoke Valley and other appropriate stakeholders, the Sub grantee shall conduct housing enhancement activities in the area of Hanover, Staunton and Orange Avenues in the vicinity of Lucy Page 2 of 5 Addison Magnet School. Using the funds provided by the Gran1ee, the Subgrantee shall secure such additional resources as may be needed to create new homeownership opportunities through the rehabilitation of deteriora1ed housing and their sale to eligible homebuyers. Activities may also include property acquisition and the installation of infrastructure related to the housing being assisted. Other housing assistance not associated with these new homeownership activities, such as the rehabilitation of existing owner-occupied or rental housing, shall be undertaken only upon the Grantee's written au1horization. The CDBG and HOME funds provided by the Grantee under this Agreement for these aC1ivities may be used for development subsidies or offered as direc1 financial assistance to eligible individuals in such form or forms (e.g. grants, active or deferred loans, or other allowable forms of assistance) as are mu1ually agreeable to the Grantee and the Subgrantee, and may be combined with financing provided by other public or private agencies or institutions. All units assisted with HOME funds shall conform to standard HOME project set-up procedures and documentation. Performance Factors: Using the funding provided by the Grantee and leveraged by the Subgrantee, a total of 3 single-family homes will be renovated and sold to eligible homebuyers. * * * * * 5. Part 1, "SCOPE OF SERVICES," shall be revised to insert a new subpart f., "Roanoke-At-Home Critical Repair Proiect," which shall read: * * * * * 1.f. Roanoke-At-Home Critical Repair Proiect -- Using the funds provided by the Grantee and funds contributed by the Sub grantee, the Sub grantee shall undertake critical interior and exterior repairs needed in its Single-Room Occupancy (SRO) facilities. Such repairs are anticipated to include the replacement of carpeting with tile floors in all facilities, as well as bathroom renovations, painting and wall repairs, foundation and roof repairs or other assistance to individual properties which are consistent with the intent of this activity and allowable under HUD rules. Funds provided by 1he Grantee shall no1 contribute to a main1enance reserve. Performance Factors: Using the funds provided by the Grantee and those contribu1ed by the Subgrantee, a total of 5 SRO facili1ies will be assisted through renovations, with at least a 20% reduction in the vacancy rate to be evidenced within six months of the completion of the repairs. * * * * * 6. Under Part 1, "SCOPE OF SERVICES," the subsections originally designated "e." through ')." shall be redesignated "g." through "I.," respectively. 7. The CDBG and HOME funding made available by 1he Grantee under this Agreement shall be increased by $837,822 to a total of $1 ,350,969, in accordance with the revised Attachment A, "2004/2005 BRHDC CDBG and HOME Agreement Financial Accounts," included with this Amendment NO.1. The increase in funding is distributed as follows: $10,000 added to the funding previously made available for the Demolition Fund; $159,382 ($40,000 CDBG and $119,382 HOME/CHDO) provided for the new Hanover Project; $618,440 ($184,031 CDBG and $434,409 HOME) added to the funding previously made available for Project GOLD; and $50,000 CDBG provided for the new SRO Critical Repair Project. The Agreement, dated July 1, 2004, shall remain unchanged in all other terms and provisions. Page 3 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. I as of the day and year hereinabove written: ATTEST: FOR THE GRANTEE: By By Mary F. Parker, City Clerk Darlene L. Burcham, City Manager ATTEST: FOR THE SUBGRANTEE: By By Cyndi Stultz, Secretary Alvin Nash, Executive Director APPROVED AS TO CDBG/HOME ELIGIBILITY APPROVED AS TO FORM Department of Management and Budget Assistant City Attorney APPROPRIATION AND FUNDS REQUIRED APPROVED AS TO EXECUTION FOR THIS CONTRACT CERTIFIED Assistant City Attorney Director of Finance Date Account # (See Attachment A) Page 4 of 5 Attachment A 2004/2005 BRHDC CDBG and HOME Agreement Financial Accounts Description Project CHDO CHDO Account # Support Admin Project Oprtg Total CDBG Funds: 35-G04-0420-_ Demolition Fund 10,000 10.000 35-G05-0520-5420 Demolition Fund 44.000 44,000 35-G05-0520-542I Demolition Fund 4.800 4,800 35-G05-0520-5422 Demolition Fund 1.200 1,200 Subtotal 54,000 4,800 1,200 60.000 35-G03-0320-5462 Hanover Project 40,000 40.000 35-G05-0520-5427 Project GOLD 66,041 66,041 35-G05-0520-5446 Project GOLD 10.000 10,000 35-G05-0520-5449 Project GOLD 85.094 85,094 35-G06-0620-5427 Project GOLD 135,000 135,000 35-G06-0620-5446 Project GOLD 25,000 25.000 35-G06-0620-5449 Project GOLD 24,031 24.031 Subtotal 109,125 201,041 35,000 345,166 35-G06-0620-5472 SRO Critical Repair 50,000 50.000 Total CDBG Funds: 253,125 205,841 36,200 495.166 HOME and HOMElCHDO Funds: 35-090-5313-5480 Hanover Project 10,853 10,853 35-090-5313-5481 Hanover Project 108.529 108,529 Subtotal 108,529 10,853 119.382 35-090-5312-5446 Project GOLD 17,709 17,709 35-090-5312-5449 Project GOLD 151,818 151,818 35-090-5305-5448 Project GOLD 3,534 3.534 35-090-5306-5448 Project GOLD 1,546 1,546 35-090-5308-5448 Project GOLD 28.138 28,138 35-090-5312-5447 Project GOLD 11,357 11,357 35-090-5312-5448 Project GOLD 113,565 113,565 35-090-5313-5446 Project GOLD 31.147 31,147 35-090-5313-5449 Project GOLD 320,982 320,982 35-090-5325-5449 Project GOLD 33.218 33,218 35-090-5326-5449 Project GOLD 23.407 23.407 Subtotal 529.425 48,856 146,783 11,357 736.421 Total HOME and HOMElCHDO Funds: 529.425 48.856 255,312 22.210 855,803 I TOTAL CDBGIHOME 782,550 205,841 85,056 255,312 22,210 1,350,969 Page 5 of 5 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 8, 2005 File #178-200-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 3713 7-080105 authorizing the City Manager to execute Amendment No.1 to the 2004-2005 Agreement with the City of Roanoke Redevelopment and Housing Authority to conduct housing activities using Community Development Block Grant and HOME Investment Partnerships Program funds, upon certain terms and conditions, within the limits of funds and for the purposes as more particularly set forth in a letter from the City Manager addressed to the Council under date of August 1, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 1, 2005. Sincerely, ~~':--I rn. h1,W\.i u..vMary F. Parker, CMC l.. f) - City Clerk MFP:ew Attachment pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Frank E. Baratta, Budget Team Leader John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 K:\AGENDA CORRESPONDENCElagenda correspondence 05\Aug 05\Aug 1 2005 correspondence.doc /1\ / ~~~VJ) IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 1st day of August, 2005. No. 37137-080105. A RESOLUTION authorizing the appropriate City officials to execute an Amendment No. 1 to the 2004-2005 Agreement with the City of Roanoke Redevelopment and Housing Authority ("RRHA") to conduct housing activities using Community Development Block Grant ("CDBG") and HOME Investment Partnerships Program ("HOME") funds, upon certain terms and conditions. WHEREAS, by Resolution No. 36838-090704, adopted September 7, 2004, the Council of the City of Roanoke, Virginia, ("Council") authorized appropriate City Officials to enter into the 2004-2005 Agreement with the RRHA to conduct certain housing activities using CDBG and HOME funds; and WHEREAS, by Resolution No. 37051-051005, adopted May 10, 2005, Council approved, among other purposes, additional funding for the RRHA' s activities. THEREFORE, BE IT RESOLVED by Council that the City Manager, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, an Amendment NO.1 to the 2004-2005 agreement with the RRHA, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's letter dated August 1, 2005. ATTEST: ~w~)In. )n~ .~~--:~-- City Clerk. - / _'::.;';.'~l~_\J'i\~.)" I' .' ."'t:v.,,~ , . -. ,- ^,GJ CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com August 1, 2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of Council: Subject: Amendment of 2004/2005 CDBG/HOME Agreement with the Roanoke Redevelopment and Housing Authority (RRHA) Background: Each year, the RRHA conducts a variety of housing programs using Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds provided by the City. At its special meeting held May 10,2005, City Council approved the City's 2005-2010 Consolidated Plan, including activities designated to receive CDBG and HOME funding during the FY 2005-2006 period. Among the designated activities was continuing the RRHA's housing efforts in the Gainsboro neighborhood as part of Project COLD ("Gainsboro Opportunities Leveraging Development"), the City's most recent effort to concentrate its CDBG and HOME resources. The new 2005-2006 CDBG and HOME funding provided for the RRHA's Project COLD activities totals $1,295,699. These funds will allow the RRHA to continue its substantial and limited owner- and tenant-occupied housing assistance, including emergency repairs and serving special needs populations, but will add the ability to acquire property for housing development. The contract amendment addressed by this Council letter also provides an additional $394,546 in CDBG funds to the RRHA for activities to reduce derelict structures in the City. In coordination with appropriate City departments, the RRHA will acquire, rehabilitate and sell such properties to home buyers and/or The Honorable Mayor and Members of Council August 1, 2005 Page 2 offer subsidies to third parties for such purposes. A component of this activity will use the "slums and blight" latitude provided under CDBG funds to rehabilitate housing for sale to homebuyers above the low- and moderate-income level, thus promoting income diversity in the city. Considerations: Section 2-124 of the City Code (1979, as amended) limits the City Manager's direct authority to a maximum of $25,000 with respect to amending federally assisted subgrant agreements. Therefore, City Council's authorization is required in order to implement the actions called for by this amendment. Extending the 2004-2005 RRHA agreement, incorporating the new activities and adding the necessary funding under a single amendment is more efficient and allows more effective administration of the multiple activities undertaken by the RRHA. All of the necessary funds have previously been appropriated into the required accounts, as detailed in Attachment A of the draft amendment, which is included with this Council letter. Recommended Action: Authorize the City Manager to execute Amendment No. 1 to the 2004-2005 CDBG/HOME Agreement with the RRHA, similar in form and content to the draft attached to this report, and approved as to form by the City Attorney. Respectfully submitted, ~ Darlene L. BurF am City Manager V DLB:feb Attachment c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Frank E. Baratta, Budget Team Leader CMOS-OO 106 Attachment 1 AMENDMENT No.1 This Amendment No.1 is made and entered into this first day of July 2005, by and between the City of Roanoke, Virginia, ("Grantee") and City of Roanoke Redevelopment and Housing Authority ("Subgrantee"). WITNESSETH: WHEREAS, by Resolution No. 36838-090704, the Council of the City of Roanoke, Virginia, ("Council") approved the execution of a subgrant agreemen1 between 1he Grantee and the Subgrantee ("Agreement"); and WHEREAS, by Resolution No. 37051-051005, Council approved the submission of the City's 2005-2010 Consolidated Plan, which included the Action Plan for 2005-2006, to the U.S. Department of Housing and Urban Developmen1 ("HUD"), providing for, among other purposes, additional funding for the Subgrantee's activities; and WHEREAS, by Resolution No. _- , Council approved the execution of this Amendment No.1 to the Agreement, extending the time of performance, increasing the funding, and revising goals and other technical provisions; NOW, THEREFORE, the parties hereto mutually agree to this Amendment No.1, to effect the following changes: 1. Part 1, "SCOPE OF SERVICES," subpart b., "Special Needs Program," shall be revised to read: * * * * * 1.b. Special Needs Program -- The Subgrantee shall conduct the Critical Assistance Repair for the Elderly (CARE) and Quick Response to Emergencies (Quick Response) activities in the Gainsboro, Gilmer and Southeast neighborhoods of 1he City. Both programs shall use the funds provided by the Grantee to offer grants for non-cosmetic, emergency home repairs. CARE shall be specifically targeted to very- low-income, at-risk and frail elderly homeowners, and shall be conducted in coordination with the Local Area Agency on Aging. At least 50% and at least 40% of the project funds provided for the Special Needs Program shall assist homeowners in the Gainsboro and Gilmer neighborhoods, respectively; not more than 10% of the project funds may assist homeowners in the Southeast neighborhoods. The costs oflead paint and other environmental assessments related to homes assisted under the Special Needs Program shall be charged to the project funds made available for this Program. (Note: "Rental Rehabilitation" is no1 authorized under 1his program.) Performance Factors: The Grantee has estimated from average cost data for the prior year of operations of these activities that as many as 26 units could be assisted with the project funds made available under this Agreement. * * * * * Page 1 of 4 2. Part 1, "SCOPE OF SERVICES," subpart C., "Proiect GOLD ("Gainsboro Opportuni1ies Leveraging Development")," shall be revised to read: * * * * * 1.c. Proiect GOLD ("Gainsboro Opportunities Leveraging Development") - In a manner consisten1 with the Gainsboro Neighborhood Plan, and in coordination with the Blue Ridge Housing Development Corporation, the Subgrantee shall conduct housing enhancement aC1ivities in the Gainsboro neighborhood of the City. Such housing activities may include 1he rehabilitation of existing owner- occupied or ren1al housing. Activities may also include the installation of infrastructure related to the housing being assisted. Other housing activities, such as property acquisition, new infill housing construction or other homebuyer assistance shall be undertaken as mutually agreeable to the Grantee and Subgrantee. The CDBG and HOME funds provided by the Grantee under this Agreement for these activities may be offered in the form of direct financial assistance to eligible individuals in such form or forms (e.g. grants, active or deferred loans, or other allowable forms of assistance) as are mutually agreeable to the Grantee and the Sub grantee, and may be combined with financing provided by other public or private agencies or institutions. All units assisted with HOME funds shall conform to standard HOME project set-up procedures and documentation. In conducting its housing activities, the RRHA shall endeavor to keep the Gainsboro Steering Committee informed of its plans and progress, and consider the advice and assistance of the Committee regarding project implementation. Performance Factors: The Grantee has estimated from average owner-occupied rehabilitation cost data from the prior years that as many as 14 units could be assisted with the project funds made available under this Agreement. * * * * * 3 Part 1, "SCOPE OF SERVICES," subpart g, "Period of this Agreement," shall be revised to read: * * * * * 1.g. Period of this Agreement -- This Agreement shall be effective as of July 1,2004, and, unless amended, shall end June 30, 2006. * * * * * 4. Part 1, "SCOPE OF SERVICES," shall be revised to insert a new subpart d., "Derelict Structures Program," which shall read: * * * * * l.d. Derelict Structures Program -- In coordination with the Grantee's Department of Housing and Neighborhood Services and other appropriate stakeholders, the Sub grantee shall conduc1 housing activities intended to reduce the number of derelict structures in the city. Using the funds provided by the Grantee, the Subgrantee shall acquire. rehabilitate and sell such properties to homebuyers and/or offer to third parties such subsidies or incentives as may be mutually agreeable to the Grantee and Sub grantee to achieve such purposes. Of the funds made available by the Grantee, such amounts as may be specifically designated by the Grantee, may be used by the Subgrantee for the acquisition and Page 2 of 4 rehabilitation, or for subsidies or incentives to third parties for the acquisition and rehabilitation, of housing to be sold to homebuyers with household incomes exceeding the limits described in section I.e., "Eligible Homeowner/Homebuver," ofthe Agreement Performance Factors: Using the funding provided by the Gran1ee and leveraged by the Subgrantee and/or provided by third parties assis1ed by the Derelict Structures Program, a total of 8 derelict houses will be acquired, rehabilitated and sold to homebuyers. * * * * * 5. Under Part 1, "SCOPE OF SERVICES," the subsections originally designated "d." through "i." shall be redesignated "e." through "j.," respectively. 6. The CDBG and HOME funding made available by the Grantee under this Agreement shall be increased by $1,690,245 to a total of $2,412,175, in accordance with the revised Attachment A, "2004/2005 RRHA CDBG and HOME Agreement Financial Accounts," included with this Amendment No.1. The Agreement, dated July 1, 2004, shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year hereinabove written: ATTEST: FOR THE GRANTEE: By By Mary F. Parker, City Clerk Darlene L. Burcham, City Manager WITNESS: FOR THE SUBGRANTEE: By By Sue Marie Worline, Executive Assistan1 John P. Baker, Executive Director APPROVED AS TO CDBG/HOME ELIGIBILITY APPROVED AS TO FORM Department of Managemen1 and Budget Assistant City Attorney APPROPRIATION AND FUNDS REQUIRED APPROVED AS TO EXECUTION FOR THIS CONTRACT CERTIFIED Assistant City Attorney Director of Finance Date Accoun1 # (See Attachment A) Page 3 of 4 Attachment A 2004/2005 RRHA COBG and HOME Agreement Financial Accounts Account # Description Project Support Admin Total CDBO Funds: 35-005-0520-5432 Special Needs Program 119,974 0 0 119,974 35-005-0520-5433 Special Needs Program 0 38.128 0 38.128 35-005-0520-5434 Special Needs Program 0 0 8.694 8.694 Subtotal 119.974 38,128 8,694 166,796 35-G05-0520-5454 Project OOLD 225,025 0 0 225,025 35-005-0520-5430 Project OOLD 0 170,583 0 170.583 35-005-0520-5453 Project GOLD 0 0 35.405 35.405 35-006-0620-5454 Project GOLD 333,691 0 0 333,691 35-G06-0620-5430 Project GOLD 0 278,988 0 278.988 35-G06-0620-5453 Project GOLD 0 0 74,520 74.520 35-G05-0520-5469 Project GOLD - Cherry Hill Acquisition 266,786 0 0 266,786 35-G06-0620-5469 Project GOLD - Cherry Hill Acquisition 341.714 0 0 341.714 Subtotal 1,167.216 449,571 109.925 1,726,712 35-004-0420-5397 Derelict Structures Program 294.546 0 0 294,546 35-005-0520-5435 Derelict Structures Program 100,000 Q Q 100.000 Subtotal 394,546 0 0 394.546 Total CDBG Funds 1,681,736 487,699 118,619 2,288,054 HOME Funds: 035-090-5312-5454 Project GOLD 111,709 NA 0 111.709 035-090-5312-5453 Project GOLD 0 NA 12.412 .J.M.ll Subtotal 111,709 NA 12.412 124.121 Total HOME Fnnds 111,709 0 12,412 124,121 TOTAL CDBG AND HOME 1,793,445 487,699 131,031 2,412,175 Page 4 of 4 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 8, 2005 File #2-178-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No.3 7138-080105 authorizing the City Manager to execute the 2005-2006 Community Development Block Grant Subgrant Agreement with C2C Home, LLC, upon certain terms and conditions, within the limits of funds and for purposes as more particularly set forth in a letter from the City Manager addressed to the Council under date of August 1, 2005. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 1, 2005. Sincerely, ~~~rn,~ .t.o..uMary F. Parker, CMC () ~ - City Clerk MFP:ew Attachment pc: Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development James Grigsby, Acting Assistant City Manager for Operations Sherman M. Stovall, Director, Office of Management and Budget Frank E. Baratta, Budget Team Leader K:\AGENDA CORRESPONDENCE\agenda correspondence 05\Aug 05\Aug 1 2005 correspondence.doc ;:.1. ( .p ~I:) '\\~\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of August, 2005. No. 37138-080105. A RESOLUTION authorizing the City Manager to enter into the 2005-2006 Community DevelopmentBlock Grant (CDBG) sub grant Agreement with the C2C Home, LLC, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that the City Manager, and the City Clerk, are hereby authorized to execute and llttest, respectively, on behalf of the City, the 2005-2006 Agreement with C2C Home, LLC, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's letter dated August 1, 2005, to this Council. ATTEST: ~~Yh.'1u~ ~y~ CIty Clerk. . CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com August 1, 2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of Council: Subject: 2005-2006 CDBG-funded Agreement with C2C Home, LLC Backg rou nd: During the past year, SmithLewis Architecture, under contract to the Council of Community Services (CCS), undertook the "Cradle to Cradle (C2C) Home Design Competition." Promoting Roanoke as a leader in the field of quality, sustainable and affordable housing design, this international competition attracted over 625 designs and participants from 41 countries worldwide. The City provided $30,000 in local funds and an additional $100,000 in 2004-2005 Community Development Block Grant (CDBG) funds for this initial phase of the project. Well before the January 2005 selection of the winning designs, Smith Lewis and CCS began preparing for the implementation phase of the project. A number of for-profit and nonprofit builders, such as Fralin and Waldron, Inc., Building Specialists, Inc., Blue Ridge Housing Development Corporation and the Roanoke Redevelopment and Housing Authority, are partnering to develop housing using the designs and concepts brought forth by the competition. At its special meeting held May 10,2005, City Council approved the City's 2005-2010 Consolidated Plan, including activities designated to receive CDBG funding during the FY 2005-2006 period. Among the designated uses was the second $100,000 in CDBG funds for the C2C Home development phase. The Honorable Mayor and Members of Council August 1, 2005 Page 2 Considerations: The impetus for a design competition originated with the CCS, which served as the recipient of both the local and CDBG funds previously provided by the City. However, given that the CCS is not a development entity, it has desired that a more appropriate entity assume responsibility for the project's building phase. In February 2005, C2C Home, LLC, was formed as a subsidiary of the Cabell Brand Center for Poverty & Resources Studies and duly organized under the rules of the Commonwealth of Virginia, as certified by the State Corporation Commission. C2C Home, LLC, will succeed the CCS as entity responsible for the next phase of the project. In addition to confirming the successor entity and its legal status, the City required that, as a prerequisite to executing a contract for the $100,000 in CDBG funds, the entity raise at least $ 75 ,000 from sources other than the City for construction management, which is not reimbursable with CDBG funds. A total of $200,000, including a commitment for $ 50,000 a year for three years from one source has been raised, satisfying the City's second stipulation. CDBG funds are available in account 3S-G06-0620-5426 and will be used for property acquisition, site preparation, other preconstruction costs and plan ning/adm i nistration. Recommendation: Authorize the execution of the 2005-2006 CDBG Subgrant Agreement with the C2C Home, LLC, similar in form and content to the draft agreement attached to this report, and approved as to form by the City Attorney. Respectfully submitted, Attachment c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development James Grigsby, Acting Assistant City Manager for Operations Sherman M. Stovall, Director of Management and Budget Frank E. Baratta, Budget Team Leader CMOS-OOlll Attachment 1 AGREEMENT This agreement is made and entered into this 1st day of July 2005, by and between the following parties: The Grantee City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 The Sub grantee C2C Home, LLC 18 W. Kirk Avenue Roanoke, Virginia 24011 WITNE S SE T H: WHEREAS, by Resolution No. 37051-051005, the Council of the City of Roanoke, Virginia, ("Council") approved the submission of the Grantee's 2005-2010 Consolidated Plan, which included the Action Plan for 2005-2006, to the U.S. Department of Housing and Urban Development ("HUD"), providing for, among other purposes, Community Development Block Grant ("CDBG")funding for the Subgrantee's activities; and WHEREAS, by Resolution No. 37087-062005 and by Ordinance No. 37086-062005, Council accepted and appropriated the 2005-2006 CDBG funds; and WHEREAS, by Resolution No. _- between the Grantee and the Subgrantee; , Council approved the execution of a sub grant agreement NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES: a. General- The activities of the Subgrantee under this Agreement represent the continuation of the efforts begun with the "Cradle to Cradle (C2C) Home Design Competition." The competition was held to obtain creative and innovative design concepts consisten1 with the green building principles embodied in "Cradle to Cradle (C2C): Remaking the Way We Make Things," by McDonough and Braungart (2002). The emphasis under this Agreement shall be to move from the concept phase to the development of housing to benefit eligible homebuyers, as described below. This shall be accomplished through CDBG funding provided by the Grantee and other funds and resources secured by the Sub grantee. Any property acquired or improved with CDBG funds shall benefit such eligible homebuyers. b. Activities and Uses of Funds - HUD rules limit the use of CDBG funds for new construction, such 1hat the housing development activities of the Subgrantee under this Agreemen1 shall fall within only the following categories. Page 1 of 19 Pages (1) Acquisition - The Subgrantee's activities under this Agreement may include the acquisiition of real property, upon which housing will be constructed by it or a third party. Funds may be expended for the purchase price, closing costs, rela1ed legal costs, including costs associated with transferring such property to third parties for development, environmental reviews (see section 13.e.) and other reasonable costs related to such property acquisitions. It is anticipated that any such property to be acquired will be vacant land. Due to relocation and one-for-one replacement requirements associated with federal assistance, in no event shall the Subgran1ee acquire any property with an existing structure, whether occupied or unoccupied, wi1hout the prior written consent of the Grantee. (a) Reasonable Purchase Prices - Any property this is acquired with funds provided under this Agreement shall be acquired at a price consistent with City assessments, appraisals or other comparable and documented cost determination. The Subgrantee shall not acquire any property for a price inconsistent with this provision. (b) Propertv Transfers Restrictions - The transfer or other conveyance 10 a third party of any property acquired by the Subgrantee with funds provided under this Agreement shall ensure the compliance of such third party with applicable federal requirements, including, but not limited to, the ultimate sale of the home to an eligible buyer, as defined in section l.d. below. The Subgrantee shall ensure the compliance of any such third party through a binding instrument, satisfactory in form and content to the Grantee, which incorporates the terms and condi1ions of this Agreement and which, should the third party's use of the property not conform with such terms and conditions, provides for the third party's repayment 10 the Grantee of the funds provided under this Agreement that were invested in the property's acquisition or improvement (2) Site Preparation - The Subgrantee's activities under this Agreement may include preparation of any si1e which is to be developed for housing. These activities include: clearance (demolition); removal of debris; grading; infrastructure improvements to the site; and other such site improvements. (3) Other Preconstruction - The Subgrantee's activities under this Agreement may include other preconstruction activities associated with the housing to be developed. These aC1ivities include: coordinating with participating organizations to expedite the assemblage of sites and land transfers; securing building materials from suppliers at no cost to the program; providing training to housing developers on the C2C building philosophy, methods and materials; and providing product informa1ion and similar technical support to housing developers. (4) Planning and Administra1ion - The Subgrantee's activities under this Agreement may include planning and administration activities in support of the project These activities may include: coordination with neighborhood groups and other stakeholders, including general community outreach and the coordination and dissemination of information on the C2C project and green building subjec1s; development of general project plans and cost estimates (but not site, utili1y or olher specific plans, including engineering or construction plans, or estimates); coordination of the various developers, businesses, agencies and organizations involved in the project; and C2C adminis1ra1ion and other overhead associated with the project Note: Costs incurred for the general benefit, enhancement or development of the C2C Home, LLC, and not directly Page 2 of 19 Pages associated with or attributable to the project, may not be reimbursed through funds provided by the Grantee under this Agreement. c. Activities Prohibited - As indicated by section l.b., HUD rules limit the use of CDBG funds for new housing construction, such that only those activities described above may be conducted without the express approval of the Grantee. As a consequence of these limitations, the Sub grantee is prohibited from using any of the funds provided under this Agreement for staff time or other costs associated with construction management or other activities that subsidize or assist new residential construction. For the purposes of this Agreement, "construction management" means the supervision, direction or oversight of actual construction activities, both on and off the worksite, and implies some measure of control over the housing developers and their workers in the engineering and building of the housing. Activities of the Sub grantee of a more general nature to train or educate developers, their workers or others regarding green building and related concepts, principles, methods, materials and similar subjects (as in section l.b.(3) and (4) above) are not considered "construction management" for the purposes of this Agreement. d. Eligible Homebuvers - This section shall apply to housing developed on land acquired or improved using CDBG funds provided by the Grantee under this or any other agreement. An "eligible homebuyer" shall mean a family whose income, adjusted for family size, does not exceed 80% of the area median income defined by HUD and in effect at the time the family enters into a contract to acquire housing assisted by funds provided under this Agreement. In addition, the family must ensure that the home to be acquired shall be used as its principal residence. The Subgrantee, or any third party which receives property acquired or improved with CDBG funds under this Agreement, shall prepare and retain with records of the Project documentation of its determination of each eligible family's size and income, including the name, age, and the sources and estimated amount of income anticipated for the succeeding twelve months for each individual related by birth, marriage or adoption living in the same household at the time the family contracts to acquire housing assisted under this Agreement. e. Deliverables - The efforts of the Sub grantee pursuant to the activities set forth under this Agreement are expected to result in the development and sale to eligible homebuyers of not less than ten (10) homes incorporating housing design elements resulting from the C2C Home Design Competition, and building methods and materials compatible with C2C concept. 2. PERIOD OF PERFORMANCE This Agreement shall be effective as of July 1,2005, and, unless amended, shall end June 30, 2006. 3. BUDGET Unless amended, the total amount of CDBG funds provided by the Grantee under this Agreement shall not exceed $100,000. Of this amount, not more than $10,000.00 may be used for general administrative and other "overhead" expenses of the Subgrantee associated with the project. Page 3 of 19 Pages 4. REQUESTS FOR DISBURSEMENTS OF FUNDS a. This is a cost-reimbursement Agreement. Disbursement offunds under this Agreement may be requested only for necessary, reasonable and allowable costs for which the Sub grantee has made payment during the period of performance set forth in section 2 above. b. In general, disbursements shall be requested no more frequently than monthly, and shall be submitted to the Grantee's Department of Management and Budget in form and content satisfactory to the Grantee, including copies of invoices or bills from vendors supporting the request. Such supporting documentation will bear a date paid stamp, indicating the date and check number by which the cost was paid or be accompanied by an agency payment voucher providing this information. Requests for disbursement of funds related to the payment of staff wages and benefits shall be supported by payroll summaries or similar documentation. Requests for disbursement of funds related to land acquisitions shall be supported by signed settlements and copies of invoices or bills from vendors, as appropriate. c. Disbursement of requested funds to the Sub grantee for properly documented necessary, reasonable and allowable costs will generally be made within ten (10) days of receipt, subject to the timely receipt of monthly reports (see section 6 below). d. All requests for disbursements of funds associated with activities under this Agreement must be received by the Grantee within 30 calendar days of the ending date set forth in section 2 above. The Grantee shall not be bound to honor requests for disbursements received after this 30-day period has expired. e. An amount equal to 5% of each payment shall be retained by the Grantee and shall be released upon completion to the Grantee's satisfaction of the Scope of Services and deliverable (see section 1 above), and the submission by the Subgrantee of any outstanding reports, documents or other materials due to the Grantee. 5. RECORDS REQUIREMENTS a. Records to be maintained - At a minimum, the Sub grantee shall maintain financial and project documents and records which comply with the requirements of 24 CFR 570.506, and 570.507, as applicable. b. Period of record retention - In compliance with the requirements of 24 CFR 570.502(b), the Subgrantee shall retain financial and project documents and records pertaining to this Agreement for a period of four (4) years, as applicable, or the conclusion of any legal or administrative process requiring their use, whichever is later. c. Access to records - The Grantee and other entities shall have access to financial and project documents and records pertaining to this Agreement in compliance with the applicable requirements of 24 CFR 84.53. Page 4 of 19 Pages 6. REPORTING REOUIREMENTS a. By the 7th working day following the end of each month, the Subgrantee shall report the progress of activities covered by this Agreement, in a format acceptable to the Grantee's Department of Management and Budget. Such monthly reports shall include, but not be limited to, the following: (1) A narrative section summarizing progress to-date on the activities included under the Scope of Services; (2) A listing of properties acquired; (3) If applicable, a table providing data on each housing unit and eligible family assisted (see Attachment A for minimum data elements to be reported). (4) If applicable, a table providing data on the demographics of all households served (see Attachment B). b. The Sub grantee agrees to submit any other reports or documentation as requested by the Grantee concerning activities covered under this agreement. 7. MONITORING The Subgrantee shall monitor the progress of the project covered by this Agreement, and shall submit appropriate reports to the Grantee's Department of Management and Budget. In addition, it is the Grantee's intention to monitor the Subgrantee's performance and financial and programmatic compliance, which may include on-site reviews, at least once during the period of this Agreement. 8. ANNUAL AUDIT As an entity receiving less than $300,000 in federal funding from the Grantee, the Sub grantee shall not be required by the Grantee to undergo an annual independent audit of the CDBG expenditures under this Agreement. Furthermore, no expenditures with respect to any such audit undertaken by the Subgrantee=s own initiative shall be chargeable to the funds under this Agreement. 9. PROGRAM INCOME: "Program income" means gross income received by the Grantee or Subgrantee directly generated from the use of CDBG funds. Program income from any and all sources shall be submitted to the Grantee within five (5) days of its receipt by the Subgrantee. 10. REVERSION OF ASSETS a. Upon expiration or termination of this Agreement, including any amendments thereto, the Sub grantee shall transfer to the Grantee any CDBG funds or Program Income on hand at the time of expiration or termination and any accounts receivable attributable to the use of CDBG funds. Page 5 of 19 Pages b. Any real property under the Subgrantee=s control that was acquired or improved, in whole or in part, with CDBG funds in excess of $25,000: (1) Shall continue for a period of not less than five years following expiration of this Agreement, including any amendments thereto, to be used to meet one of the CDBG national objectives cited in 24 CFR 570.208; or (2) If the property is not used in accordance with paragraph (1) above, the Subgrantee shall pay the Grantee an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. The payment shall be considered Program Income to the Grantee. 11. SUSPENSION AND TERMINATION In the event the Subgrantee materially fails to comply with any term of the Agreement, the Grantee may suspend or terminate, in whole or in part, this Agreement or take other remedial action in accordance with 24 CFR 85.43. The Agreement may be terminated for convenience in accordance with 24 CFR 85.44. 12. COMPLIANCE WITH FEDERAL REGULATIONS The Sub grantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment C and all other applicable federal regulations relating to specific programs performed hereunder. Further, the Sub grantee agrees to require compliance with applicable federal regulations of the contractor by agreement. 13. OTHER PROGRAMJPRO,JECT REOUIREMENTS In addition to other requirements set forth herein, the Subgrantee shall likewise comply with the applicable provisions of Subpart K of 24 CFR 570, in accordance with the type of project assisted. Such other requirements include, but are not necessarily limited to, the following. a. Propertv standards and lead-based paint - All housing assisted shall meet the Statewide Building Code and the lead-based paint requirements in 24 CFR 570.608. In accordance with regulations, the Subgrantee shall adhere to lead-based paint abatement practices, as applicable, and in no case shall use lead-based paint in the construction or rehabilitation of the properties assisted under this Agreement. b. Section 109 - In accordance with Section 109 of the Housing and Community Development Act of 1974 (42 U.S.C. 3535(d)), no person in the United States shall on grounds of race, color, religion, sex or national origin be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity funded in whole or in part with funds available under this Agreement. (See also Attachment C.) Page 6 of 19 Pages c. Conditions for religious organizations - Religious organizations may participate in activities under this Agreement, including as the third party developers of housing on property acquired and/or improved with funds provided by the Grantee, on the same basis as any other entity. However, such religious organizations may not use any CDBG-assisted property or funds in any manner that promotes inherently religious purposes, nor may such organizations require religious activities on the part of potential homebuyers ofhousing or apply religious criteria in the identification or selection of potential homebuyers. d. Labor standards - As herein structured, the program covered by this Agreement is not considered subject to federal Labor Standards, including prevailing (Davis-Bacon) wage rates for non-volunteer labor. e. Environmental standards - In accordance with 24 CFR 570.604, the activities under this Agreement are subject to environmental review requirements. Such requirements may include, but are not necessarily limited to, historic significance, floodplain, and hazardous sites. The Grantee has performed the tiered review necessary to initiate the preliminary program activities; however, no CDBG funds may be expended for a given property prior to the Subgrantee's completing its individual property review, any required remedial actions and the required Subgrantee environmental checklist, which must include all compliance categories specified by HUD and the Grantee. For any unimproved property to be acquired or otherwise assisted using funds provided by the Grantee under this Agreement, the Subgrantee shall at minimum ensure an "environmental transaction screen" is obtained through a qualified source to determine the condition of each site under consideration. In the event that the property under consideration entails the demolition of existing deteriorated structures, the Sub grantee shall in addition obtain both lead and asbestos surveys. The reports of the environmental transaction screen and any lead and asbestos surveys shall be submitted to the Grantee's Department of Management and Budget for review. The Grantee reserves the right to reject the disbursement of funds for the acquisition of or other assistance to any property for which environmental conditions fail to meet requirements. The Subgrantee shall also submit to the Grantee the housing construction specifications proposed for any property acquired or assisted under this Agreement for review as to compliance with Section 106 of the National Historic Preservation Act. The results of this historic review shall be reflected in the Subgrantee's environmental checklist. f. Displacement and relocation - In accordance with 24 CFR 570.606, the Subgrantee shall take all reasonable steps to minimize displacement as a result of the activities described in section 1. Any persons displaced as a result of the activities under this Agreement shall be provided relocation assistance to the extent permitted and required under applicable regulations. g. Emplovment and contracting opportunities - In accordance with 24 CFR 570.607, the activities under this Agreement are subject to the requirements of Executive Order 11246, as amended, and Section 3 of the Housing and Urban Development Act of 1968. The former prohibits discrimination on federally-assisted construction contracts and requires contractors to take affirmative action regarding employment actions. The latter provides that, to the greatest extent feasible and consistent with federal, state and local laws, employment and other economic opportunities arising housing rehabilitation, housing construction and public construction projects shall be given to low- and very-low-income persons. (See also Page 7 of 19 Pages Attachment C.) h. Debarment and suspension - In accordance with 24 CFR 24, the Subgrantee shall not employ or otherwise engage any debarred, suspended, or ineligible contractors or subcontractors to conduct any activities under this Agreement. The Sub grantee will consult appropriate references, including, but not limited to, the Excluded Parties Listing Service website at http://epls.arnet.gov, to ascertain the status of any third parties prior to engaging their services. The Subgrantee will submit to the Grantee's Department of Management and Budget the names of contractors and subcontractors selected under this Agreement, including a certification by the Subgrantee that it has determined that none of these entities are presently debarred, suspended, or ineligible. 1. Uniform administrative requirements - The Sub grantee shall comply with the requirements and standards set forth in 24 CFR 570.502, and all applicable CDBG and other federal regulations pertaining to the activities performed under this Agreement. J. Conflict of interest - In accordance with 24 CFR 570.611, no covered individual 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 this Agreement. The Sub grantee shall incorporate, or cause to be incorporated, in any contracts or subcontracts pursuant to this Agreement a provision prohibiting such interest pursuant to the purposes of this section. 14. EOUAL EMPLOYMENT OPPORTUNITY Non-Discrimination: During the performance of this Agreement, the Subgrantee agrees as follows: a. The Subgrantee will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Subgrantee. The Subgrantee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The Sub grantee, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, will state that such Subgrantee is an equal opportunity employer. c. Notices, advertisement and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. d. The Subgrantee will include the provisions of the foregoing subsections (a), (b) and (c) in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each contractor or vendor. Page 8 of 1 9 Pages 15. DRUG-FREE WORKPLACE The Sub grantee will: (i) provide a drug-free workplace for the Subgrantee's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Subgrantee's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee that the Subgrantee maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over ten thousand dollars and no cents ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this subsection, "drug-free workplace" means a site for the performance of work done in connection with this contract. 16. FAITH-BASED ORGANIZATIONS Pursuant to '2.2-4343.1 of the Code of Virginia (1950), as amended. the Citv of Roanoke does not discriminate against faith-based organizations. 17. THIRD-PARTY CONTRACTS The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 18. INDEMNIFICATION The Sub grantee agrees and binds itself and its successors and assigns to indemnify, keep and hold the Grantee and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of the Subgrantee including: (a) the Subgrantee's use of the streets or sidewalks of the Grantee or other public property; (b) the performance under this Agreement; (c) the exercise of any right or privilege granted by or under this Agreement; or (d) the failure, refusal or neglect of the Subgrantee to perform any duty imposed upon or assumed by Sub grantee by or under this Agreement. In the event that any suit or proceeding shall be brought against the Grantee or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with the Subgrantee on account thereof, the Subgrantee, upon notice given to it by the Grantee or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the Grantee or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgement being awarded against the Grantee or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with the Subgrantee, then the Sub grantee will pay such settlement or judgement in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the Grantee or any of its officers, employees, agents, volunteers or representatives harmless therefrom. 19. INDEPENDENT CONTRACTOR Services performed under this agreement shall be performed on an independent contractor basis and Page 9 of 19 Pages under no circumstances shall this Agreement be construed as establishing an employee/employer relationship. The Subgrantee shall be completely responsible for its activities in performing services hereunder. 20. SUCCESSORS This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees, and successors. 21. ENTIRE AGREEMENT This Agreement, including all of its Attachments, represents the entire agreement between the parties and shall not be modified, amended, altered or changed, except by written agreement executed by the parties. 22. AMENDMENTS The Grantee may, from time to time, require changes in the obligations of the Subgrantee hereunder, or its City Council may appropriate further funds for the implementation of this project. In such event or events, such changes which are mutually agreed upon by and between the Grantee and the Sub grantee shall be incorporated by written amendment into this Agreement. 23. GOVERNING LAW This Agreement shall be governed by laws of the Commonwealth of Virginia. 24. AVAILABILITY OF FUNDS CDBG funding to be made available by the Grantee under this Agreement is contingent upon necessary appropriations by the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the Grantee, this Agreement may be terminated in whole or in part. 25. ANTI-LOBBYING To the best of the Sub grantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Page 10 of 19 Pages IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: FOR THE GRANTEE: By By Mary F. Parker, City Clerk Darlene L. Burcham, City Manager WITNESS: FOR THE SUB GRANTEE: By By Jennifer S. Lewis, Board Member Gregg A. Lewis, Executive Director APPROVED AS TO CDBG ELIGIBILITY APPROVED AS TO FORM By Department of Management and Budget By Assistant City Attorney APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS FOR THIS CONTRACT CERTIFIED By By Assistant City Attorney Director of Finance Date Account # 35-G06-0620-5426 $100.000 Page II of 19 Pages Attachments Attachment A - HousinglBeneficiary Reporting Elements Attachment B - HousinglBeneficiary Demographics Report Attachment C - Special Federal Terms and Conditions Page 12 of 19 Pages Attachment A HousinglBeneficiary Reporting Elements On a monthly basis, the Subgrantee shall provide a narrative report to the Grantee summarizing progress on the project to-date. Accompanying the narrative, the Sub grantee shall submit data in a table or spreadsheet format that is needed in order that the Grantee may complete its required reports to HUD. Data provided by the Subgrantee shall be cumulative to date and include: Property Address Number of bedrooms Status (pending, under construction, completed or sold) Homebuyer Name Total family income (projected for 12 months following determination) Number in family Whether head of household is disabled CDBG funds committed to property Prime Contractor (if applicable) Name Federal LD. Number (or Owner Social Security Number) Whether Minority-Owned, Women-Owned or Both CDBG funds committed to Prime Subcontractor (if applicable; provide separate data for each subcontractor) Name Federal LD. Number (or Owner Social Security Number) Whether Minority-Owned, Women-Owned or Both CDBG funds committed to Subcontractor Page 13 of 19 Pages Attachment B HousinglBeneficiary Demographics Report Also accompanying the monthly narrative report and the reporting elements given in Attachment A, the Subgrantee shall provide the demographics report in the format provided below. DIRECT BENEFICIARY REPORT Program I Activity Name Reporting Period 1 Counts by: - Households or - Persons? (Check the one that applies.) 2 # of New Participants this Period (if applicable): 3 TOTAL # BENEFITING FROM ACTIVITY: (cumulative to date) (Beginning 07/01/04 - Ending 06/30/05) 4 RACIAL INFORMATION (cumulative to date) # TOTAL # HISPANIC White: Black/African American: Asian: American Indian / Alaskan Native: Native Hawaiian / Other Pacific Islander: American Indian / Alaskan Native & White: Asian & White: Black/African American & White: Am. Indian/Alaskan Native & Black/African Am.: Other Multi-Racial: TOTAL: 5 # - FEMALE HEAD OF HOUSEHOLD: (cumulative to date) 6 INCOME INFORMATION (cumulative to date) # TOTAL < 80% of Median (Low Income Limit) < 50% of Median (Very Low Income) < 30% of Median TOTAL: Prepared by: Date Prepared: Revised 03/05/2004 Page 14 of 19 Pages Attachment C U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIAL TERMS AND CONDITIONS (Agreements $10,000 or Over) 1. "Section 3" Compliance .. Provision of Trainine. Emplovment and Business Opportunities: a. 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. b. 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. c. The Sub grantee 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. d. The Subgrantee 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 contractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. The Subgrantee will not subcontract with any contractor 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 contractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e. 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 assistance, its Page 15 of 19 Pages successor and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its Subgrantees and contractors, 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. 2. Equal Employment Opportunity: Contracts subiect 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 Sub grantee 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 Subgrantee agrees as follows: a. The Subgrantee will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Sub grantee will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Subgrantee 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. b. The Sub grantee will, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. c. The Sub grantee will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the Sub grantee's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Subgrantee will comply with all provISIons of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders ofthe Secretary of Labor. e. The Sub grantee 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 Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. Page 16 of 19 Pages f. In the event of the Sub grantee'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 Subgrantee 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. g. The Sub grantee 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 contractor or vendor. The Subgrantee 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 Subgrantee becomes involved in or is threatened with litigation with a contractor or vendor as a result of such direction by the Department, the Subgrantee may request the United States to enter into such litigation to protect the interest of the United States." The Subgrantee 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 Sub grantee 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 Subgrantee agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of Subgrantees and contractors 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 Subgrantee 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 Subgrantee 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 Subgrantees and contractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Subgrantee 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 Sub grantee under the Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Subgrantee; and refer the cause to the Department of Justice for appropriate legal proceedings. Page 17 of 19 Pages 3. Nondiscrimination Under Title VI of the Civil Riehts Act of 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (PL. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part I. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Sub grantee 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 Subgrantee and the United States are beneficiaries of and entitled to enforce such covenant. The Sub grantee, 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. Section 504 and Americans with Disabilities Act: The Sub grantee agrees to comply with any federal regulation issued pursuant to compliance with the Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act, which prohibit discrimination against the disabled in any federal assisted program. 5. Oblieations of Suberantee with Respect to Certain Third-partv Relationships: The Subgrantee 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 Sub grantee. Any Subgrantee 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 Subgrantee 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. 6. 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. 7. Prohibition Aeainst Payments of Bonus or Commission: 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, or any other approval or concurrence of HOD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation. are not hereby prohibited if otherwise eligible as program costs. 8. "Section 109": This Agreement is subject to the requirements of Section 109 of the Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No person in the Page 18 of I 9 Pages 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. 9. Access to Records and Site of Emplovment: 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 tot he matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pursuant thereto by the Subgrantee. Information obtained in this manner shall be used only in connection with the administration of the Order, the administration of the Civil Rights At of 1964 (as amended) and in furtherance of the purpose of the Order and that Act. 10. Leeal Remedies for Contract Violation: If the Subgrantee 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: a. Temporarily withhold cash payments pending correction of the deficiency by the Sub grantee, b. Disallow all or part of the cost of the activity or action not in compliance, c. Wholly or partly suspend or terminate the current Agreement, or d. Take other remedies that may be legally available. Page 19 of 19 Pages CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 8, 2005 File #200-226-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37139-080105 authorizing the City Manager to execute the 2005-2006 Community Development Block Grant Subgrant Agreement with Total Action Against Poverty, upon certain terms and conditions, within the limits of funds as more particularly set forth in a letter from the City Manager addressed to the Council under date of August 1, 2005. The abovereferenced measure was adopted by the Council ofthe City of Roanoke at a regular meeting which was held on Monday, August I, 2005. Sincerely, tf;tJ~:rn, mow ~Mary F. Parker, CMC r o ~- City Clerk MFP:ew Attachment pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Frank E. Baratta, Budget Team Leader Theodore j. Edlich, Ill, President, Total Action Against Poverty, P. O. Box 2868, Roanoke, Virginia 24001-2868 K:\AGENDA CORRESPONDENCElagenda correspondenoe 05\Aug 05lAug 1 2005 correspondenoe.doc (/1\ / ~~~v}) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of August, 2005. No. 37139-080105. A RESOLUTION authorizing the City Manager to enter into the 2005-2006 Community Development Block Grant ("CDBG") subgrant Agreement with Total Action Against Poverty ("TAP"), upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk, are hereby authorized, for and on behalf of the City, to execute and attest, respectively, on behalf of the City, the 2005-2006 Community Development Block Grant (CDBG) subgrant Agreement with TAP, approved as to form by the City Attorney, within the limits of funds and for the purposes as more particularly set forth in the City Manager's letter dated August 1, 2005, to this Council. ATTEST: ~ __IV -: ) M. "l1T)V City Clerk. DOCUMENT IN UNNAMED CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Tetephone, (540) 853-2333 Fa" (540) 853-1138 CityWeb: www.roanokegov.com August 1, 2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of Council: Subject: 2005-2006 CDBG Agreement with Total Action Against Poverty (TAP) Background: Since 1965, Total Action Against Poverty (TAP) has developed and executed programs that promote adequate housing, employment, health and nutrition, and education for the citizens of Roanoke and surrounding areas. For the past three years, TAP's Helping Elderly Live Pleasantly (HELP) program, now known as the Emergency Home Repair program, has performed emergency home repairs for approximately 84 needy citizens of Roanoke. On May 10, 2005, City Council authorized TAP to conduct housing activities in our community by Resolution No. 37051-051005, which approved the City's 2005-2006 Action Plan Consolidated Plan for submission to the U.S. Department of Housing and Urban Development (HUD). City Council accepted the 2005-2006 CDBG funds on June 20, 2005, by Budget Ordinance No.3 7086-062005 and Resolution No. 37087-062005. By letter dated July 1 5, 2005, HUD approved the City's new five-year Consolidated Plan and its first year action plan. Considerations: In order that TAP may conduct its approved 2005-2006 housing activities, City Council's authorization is needed to execute a subgrant agreement. Necessary CDBG funding is available in the account listed in the draft Agreement included The Honorable Mayor and Members of Council August 1, 2005 Page 2 with this report. A total of $100,000.00 is being provided to TAP to provide limited and emergency repairs to 21 homes city-wide, with the exception of the Gainsboro and Gilmer neighborhoods, which are assisted through an agreement with the Roanoke Redevelopment and Housing Authority. Recommended Action: Authorize the City Manager to execute the 2005-2006 CDBG subgrant Agreement with Total Action Against Poverty, similar in form and content to the draft attached to this report, and approved as to form by the City Attorney. X:bm;tt'd Darlene L. Bur City Manager DLB/sp Attachments c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget Frank E. Baratta, Budget Team Leader CMOS-00I08 AGREEMENT This agreement is made and entered into this 1 st day of July 2005, by and between the following parties: The Grantee City of Roanoke, Virginia 215 Church Avenue, 5.W. Roanoke, Virginia 24011 The Subgrantee Total Action Against Poverty in the Roanoke Valley, Inc. 145 W. Campbell Ave., S.W. Roanoke, Virginia 24011 WITNESSETH WHEREAS, by Resolution No. 37051-051005, adopted May 10,2005, Roanoke City Council approved the 2005-2010 Five-Year Consolidated Plan, including the Fiscal Year 2005-2006 One-Year Action Plan; and WHEREAS, by Resolution No. 37087-062005, adopted June 20, 2005, Roanoke City Council approved the acceptance of the 2005-2006 Community Development Block Grant (CDBG) program and by Ordinance No. 37086-062005 appropriated the funds thereto, of which One Hundred Thousand and 00/100 Dollars ($100,000) in Community Development Block Grant funds is to be provided to the Subrantee to provide limited and emergency repairs to single- family homes in Roanoke; and WHEREAS, by Resolution No. ______-080105, adopted August 1,2005, City Council authorized the City Manager to execute an agreement for the purposed specified herein. NOW, THEREFORE, the parties hereto mutually agree as follows: 1 . SCOPE OF SERVICES: a. General - Activities to be undertaken by the Subgrantee under this Agreement shall be known as the "2005/2006 Housing and Community Development (HCD) Emergency Home Repair Program" (the "Program") and have as their purpose the rehabilitation of Single-family housing. Through CDBG funding provided by the Grantee, the Subgrantee will provide limited and emergency repairs to approximately twenty-one (21) homes throughout the city, excluding the Gainsboro and Gilmer neighborhoods. Repairs to houses will address such problems as falling plaster, broken water lines, holes in roofs and the repair and/or replacement of furnaces. The Subgrantee will contract out for all repair Page I of 21 Pages work on a bid basis, with the lowest responsive and responsible bidder selected. All contractors selected to provide rehabilitation services under the Program will be properly licensed and insured. All homes assisted with CDBG funds under this Agreement shall be the principal residences of "eligible homeowners," as described in section l.b. below. b. Eliqible Homeowners -- For the purposes of this Agreement, an "eligible homeowner" shall mean a family whose income, adjusted for family size, does not exceed 80% of the area median income defined by the U.S. Department of Housing and Urban Development ("HUD") and in effect at the time the family applies for assistance. In addition, the home for which the family is applying for assistance must be the family's principal residence. The Subgrantee shall prepare, and retain with records of the Program, documentation of its determination of each eligible family's size and income, including the name, age, and the sources and estimated amount of income anticipated for the succeeding twelve months for each individual related by birth, marriage or adoption living in the same household at the time of the determination. c. Performance Obiective and Schedule -- By June 30, 2006, twenty-one (21) eligible homeowners will receive emergency home repairs, thereby improving their overall safety and health and allowing them to continue living independently in their homes. (1) By September 30, 2005, five (5) homeowners shall have: (a) Completed formal applications and had program eligibility verified; (b) Received a home visit from the Contractor and Services Coordinator to assess damages, take pictures and make cost estimates; (c) Contracts for repair work executed; (d) Contracted repair work completed; (e) Work inspected by the Service Coordinator, who will also take pictures and have homeowner complete a client response form; (f) Payment made to contractor follOWing successful inspection of the job. (2) By December 31, 2005, a cumulative total of twelve (12) homeowners shall have completed the services set forth in section 1 .c.(I) above. (3) By March 31, 2006, a cumulative total of eighteen (18) homeowners shall have completed the services set forth in Page 2 of 21 Pages section 1 .c.(I) above. (4) By June 30, 2006, a cumulative total of twenty-one (21) homeowners shall have completed the services set forth in section 1 .c.(1) above. 2. PERIOD OF PERFORMANCE This Agreement shall be effective as on July 1,2005, and, unless amended, shall end June 30, 2006. 3. BUDGET a. General -- Unless amended, the total amount of CDBG funds provided by the Grantee under this Agreement shall not exceed One Hundred Thousand and 00/100 dollars $100,000, of which: (a) not less than $70,487.00 shall be used for housing repair costs; (b) not more than $24,230.00 may be used by the Subgrantee for program delivery; and (c) not more than $5,283.00 for indirect (administrative) costs. The indirect costs are based on a plan approved by the Subgrantee's cognizant federal agency (the U.S. Department of Health and Human Services) and accepted by the Grantee for the purposes of this Agreement. At the sole discretion ofthe Grantee, any funds remaining unexpended as of the end date of this Agreement may be deobligated from the Agreement and made available for other CDBG projects of the Grantee, as appropriate. b. Allowable Expenditures -- Except as restricted herein, funds provided by the Grantee under this Agreement may be used for any necessary, reasonable and allowable cost associated with this housing rehabilitation program. "Project" funds may include such items as the labor and materials costs of work performed by contractors, building permits and similar costs related to the rehabilitation of housing. "Delivery" funds may include the wages and benefits of staff or other operating costs directly associated with providing housing rehabilitation services to homeowners. "Administration" funds are provided solely for indirect costs of the Subgrantee attributable to its general management and administration of this program. The purchase of real or personal property or equipment are not allowable costs under this Agreement. 4. REOUESTS FOR DISBURSEMENTS OF FUNDS a. This is a cost-reimbursement Agreement. Disbursement offunds under this Agreement may be requested only for necessary, reasonable and allowable costs for which the Subgrantee has made payment during the period of performance set forth in section 2 above. Page 3 of 21 Pages b. In general, disbursements shall be requested no more frequently than monthly, and shall be submitted to the Grantee's Department of Management and Budget in form and content satisfactory to the Grantee, including copies of invoices or bills from vendors supporting the request. Such supporting documentation will bear a date paid stamp, indicating the date and check number by which the cost was paid or be accompanied by an agency payment voucher providing this information. Requests for disbursement of funds related to the payment of staff wages and benefits shall be supported by payroll summaries or similar documentation. Requests for disbursement of funds for indirect costs shall indicate the amount of indirect costs being requested; by virtue of the Grantee's acceptance of the Subgrantee's indirect cost plan, no other supporting documentation shall be required for disbursement funds for indirect costs. c. Disbursement of requested funds to the Subgrantee for properly documented necessary, reasonable and allowable costs will generally be made within ten (10) days of receipt, subject to the timely receipt of monthly reports (see section 6 below). d. All requests for disbursements offunds associated with activities under this Agreement must be received by the Grantee within 30 calendar days of the ending date set forth in section 2 above. The Grantee shall not be bound to honor requests for disbursements received after this 30-day period has expired. S. RECORDS REQUIREMENTS a. Records to be maintained -- At a minimUm, the Subgrantee shall maintain financial and project documents and records which comply with the requirements of 24 CFR 570.506, and 570.507, as applicable. b. Period of record retention -- In compliance with the requirements of 24 CFR 570.502(b), the Subgrantee shall retain financial and project documents and records pertaining to this Agreement for a period of four (4) years, as applicable, or the conclusion of any legal or administrative process requiring their use, whichever is later. c. Access to records -- The Grantee and other entities shall have access to financial and project documents and records pertaining to this Agreement in compliance with the applicable requirements of 24 CFR 84.53. 6. REPORTING REQUIREMENTS a. By the 7th working day following the end of each month, the Page 4 of 21 Pages Subgrantee shall report the progress of activities covered by this Agreement, in a format acceptable to the Grantee's Department of Management and Budget. Such monthly reports shall include, but not be limited to, the following: (1) A narrative section summarizing progress to-date on the program(s) included under the Scope of Services; (2) Certifications regarding debarment and suspension of contractors, as described in section 13.h. below. (3) A table providing data on each housing unit and eligible family assisted (see Attachment A for minimum data elements to be reported). (4) A table providing data on the demographics of all households served (see Attachment B). b. The Subgrantee agrees to submit any other reports or documentation as requested by the Grantee concerning activities covered under this agreement. 7. MONITORING The Subgrantee shall monitor the progress of the project covered by this Agreement, and shall submit appropriate reports to the Grantee's Department of Management and Budget. In addition, it is the Grantee's intention to monitor the Subgrantee's performance and financial and programmatic compliance, which may include on-site reviews, at least once during the period of this Agreement. 8. ANNUAL AUDIT As an entity receiving less than $300,000 in federal funding from the Grantee, the Subgrantee shall not be required by the Grantee to undergo an annual independent audit of the CDBG expenditures under this Agreement. Furthermore, no expenditures with respect to any such audit undertaken by the Subgrantee=s own initiative shall be chargeable to the funds under this Agreement. 9. PROGRAM INCOME: "Program income" means gross income received by the Grantee or Subgrantee directly generated from the use of CDBG funds. Program income from any and all sources shall be submitted to the Grantee within five (5) days of its receipt by the Subgrantee. No program income is expected. Page 5 of 21 Pages 10. REVERSION OF ASSETS a. Upon expiration or termination of this Agreement, including any amendments thereto, the Subgrantee shall transfer to the Grantee any CDBG funds or Program Income on hand at the time of expiration or termination and any accounts receivable attributable to the use of CDBG funds. b. Any real property under the Subgrantee=s control that was acquired or improved, in whole or in part, with CDBG funds in excess of $25,000: (1) Shall continue for a period of not less than five years following expiration ofthis Agreement, including any amendments thereto, to be used to meet one ofthe CDBG national objectives cited in 24 CFR 570.208; or (2) Ifthe property is not used in accordance with paragraph (1) above, the Subgrantee shall pay the Grantee an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. The payment shall be considered Program Income to the Grantee. 11. SUSPENSION AND TERMINATION In the event the Subgrantee materially fails to comply with any term of the Agreement, the Grantee may suspend or terminate, in whole or in part, this Agreement or take other remedial action in accordance with 24 CFR 85.43. The Agreement may be terminated for convenience in accordance with 24 CFR 85.44. 12. COMPLIANCE WITH FEDERAL REGULATIONS The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment C and all other applicable federal regulations relating to specific programs performed hereunder. Further, the Subgrantee agrees to require compliance with applicable federal regulations of the contractor by agreement. 13. OTHER PROGRAM/PROIECT REOUlREMENTS In addition to other requirements set forth herein, the Subgrantee shall likewise comply with the applicable provisions of Subpart K of 24 CFR 570, in accordance with the type of project assisted. Such other requirements include, but are not necessarily limited to, the following. a. Propertv standards and lead-based paint -- All housing assisted shall Page 6 of21 Pages meet the Statewide Building Code and the lead-based paint requirements in 24 CFR 570.608. In accordance with regulations, the Subgrantee shall adhere to lead-based paint abatement practices, as applicable, and in no case shall use lead-based paint in the construction or rehabilitation of the properties assisted under this Agreement. b. Section 109 -- In accordance with Section 109 of the Housing and Community Development Act of 1974 (42 U.S.c. 353 5(d)), no person in the United States shall on grounds of race, color, religion, sex or national origin be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity funded in whole or in part with funds available under this Agreement. (See also Attachment C.) c. Conditions for reliqious orqanizations -- The Subgrantee shall not grant or loan any CDBG funds to primarily religious organizations for any activity including secular activities. In addition, funds may not be used to rehabilitate or construct housing owned by primarily religious organizations or to assist primarily religious organizations in acquiring housing. In particular, there shall be no religious or membership criteria for homeowners to be assisted under this Agreement. d. Labor standards -- As herein structured, the program covered by this Agreement is not considered subject to federal Labor Standards, including prevailing (Davis-Bacon) wage rates for non-volunteer labor. e. Environmental standards -- In accordance with 24 CFR 570.604, the activities under this Agreement are subject to environmental review requirements. Such requirements may include, but are not necessarily limited to, historic significance, floodplain, and hazardous sites. The Grantee has performed the tiered review necessary to initiate the preliminary program activities; however, no CDBG funds may be expended for a given property prior to the Subgrantee's completing its individual property review, any required remedial actions and the required Subgrantee environmental checklist, which must include all compliance categories specified by HUD and the Grantee. All specifications for proposed housing rehabilitation under this Agreement will be submitted to the Grantee's Department of Management and Budget for review as to compliance with Section 106 of the National Historic Preservation Act. The results of this historic review shall be reflected in the Subgrantee's environmental checklist. f. Displacement and relocation -- In accordance with 24 CFR 570.606, the Subgrantee shall take all reasonable steps to minimize displacement as a result of the activities described in section 1. Any persons displaced as a result of the activities under this Agreement shall be provided Page 7 of 21 Pages relocation assistance to the extent permitted and required under applicable regulations. g. Employment and contractinq opportunities -- In accordance with 24 CFR 570.607, the activities under this Agreement are subject to the requirements of Executive Order 11246, as amended, and Section 3 of the Housing and Urban Development Act of 1968. The former prohibits discrimination on federally-assisted construction contracts and requires contractors to take affirmative action regarding employment actions. The latter provides that, to the greatest extent feasible and consistent with federal, state and local laws, employment and other economic opportunities arising housing rehabilitation, housing construction and public construction projects shall be given to low- and very-low-income persons. (See also Attachment C.) h. Debarment and suspension -- In accordance with 24 CFR 24, the Subgrantee shall not employ or otherwise engage any debarred, suspended, or ineligible contractors or subcontractors to conduct any activities under this Agreement. The Subgrantee will consult appropriate references, including, but not limited to, the Excluded Parties Listing Service website at http.//ep/s.arnet.gov, to ascertain the status of any third parties prior to engaging their services. The Subgrantee will submit to the Grantee's Department of Management and Budget the names of contractors and subcontractors selected under this Agreement, including a certification by the Subgrantee that it has determined that none of these entities are presently debarred, suspended, or ineligible. i. Uniform administrative requirements -- The Subgrantee shall comply with the requirements and standards set forth in 24 CFR 570.502, and all applicable CDBG and other federal regulations pertaining to the activities performed under this Agreement. j. Conflict of interest -- In accordance with 24 CFR 570.611, no covered individual 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 this Agreement. The Subgrantee shall incorporate, or cause to be incorporated, in any contracts or subcontracts pursuant to this Agreement a provision prohibiting such interest pursuant to the purposes of this section. 14. EQUAL EMPLOYMENT OPPORTUNITY Non-Discrimination: During the performance of this Agreement, the Subgrantee agrees as follows: Page 8 of 21 Pages a. The Subgrantee will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Subgrantee. The Subgrantee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, will state that such Subgrantee is an equal opportunity employer. c. Notices, advertisement and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. d. The Subgrantee will include the provisions of the foregoing subsections (a), (b) and (c) in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each contractor or vendor. 1 S. DRUG-FREE WORKPLACE The Subgrantee will: (i) provide a drug-free workplace for the Subgrantee's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Subgrantee's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee that the Subgrantee maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over ten thousand dollars and no cents ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this subsection, "drug-free workplace" means a site for the performance of work done in connection with this contract. 16. FAITH-BASED ORGANIZATIONS Pursuant to '2.2-4343.1 of the Code of Viroinia (1950), as amended, the City of Roanoke does not discriminate aoainst faith-based oroanizations. Page 9 of 21 Pages 17. THIRD-PARTY CONTRACTS The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 18. INDEMNIFICATION The Subgrantee agrees and binds itself and its successors and assigns to indemnify, keep and hold the Grantee and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of the Subgrantee including: (a) the Subgrantee's use of the streets or sidewalks of the Grantee or other public property; (b) the performance under this Agreement; (c) the exercise of any right or privilege granted by or under this Agreement; or (d) the failure, refusal or neglect ofthe Subgrantee to perform any duty imposed upon or assumed by Subgrantee by or under this Agreement. In the event that any suit or proceeding shall be brought against the Grantee or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with the Subgrantee on account thereof, the Subgrantee, upon notice given to it by the Grantee or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the Grantee or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgement being awarded against the Grantee or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with the Subgrantee, then the Subgrantee will pay such settlement or judgement in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the Grantee or any of its officers, employees, agents, volunteers or representatives harmless therefrom. 19. INDEPENDENT CONTRACTOR Services performed under this agreement shall be performed on an independent contractor basis and under no circumstances shall this Agreement be construed as establishing an employee/employer relationship. The Subgrantee shall be completely responsible for its activities in performing services hereunder. 20. SUCCESSORS This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees, and successors. Page 10 of 21 Pages 21. ENTIRE AGREEMENT This Agreement, including all of its Attachments, represents the entire agreement between the parties and shall not be modified, amended, altered or changed, except by written agreement executed by the parties. 22. AMENDMENTS The Grantee may, from time to time, require changes in the obligations of the Subgrantee hereunder, or its City Council may appropriate further funds for the implementation of this CDBG rehabilitation project. In such event or events, such changes which are mutually agreed upon by and between the Grantee and the Subgrantee shall be incorporated by written amendment to this Agreement. 23. GOVERNING LAW This Agreement shall be governed by laws of the Commonwealth of Virginia. 24. AVAILABILITY OF FUNDS CDBG funding to be made available by the Grantee under this Agreement is contingent upon necessary appropriations by the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the Grantee, this Agreement may be terminated in whole or in part. 25. ANTI-LOBBYING To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Page II of21 Pages IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: By _________________________________ Mary F. Parker, City Clerk ATTEST: By _________________________________ Katherin Anderson Elam, Secretary APPROVED AS TO CDBG ELIGIBILITY By _________________________________ Dept. of Management and Budget APPROVED AS TO EXECUTION By _________________________________ Assistant City Attorney FOR THE GRANTEE: By ____________________________________ Darlene L. Burcham, City Manager FOR THE SUBGRANTEE: By ____________________________________ Theodore J. Edlich, III, President APPROVED AS TO FORM By ____________________________________ Assistant City Attorney APPROPRIATION AND FUNDS FOR THIS CONTRACT CERTIFIED By ____________________________________ Director of Finance Date___________________________________ 035-G05-0520-5424 $5,281.00 (Admin) 035-G05-0520-5423 $24,230.00 (Support) Account# 035-G05-0520-5080 $70.489.00 (Project) Page 12 of21 Pages Attachments Attachment A - Housing/Beneficiary Reporting Elements Attachment B - Housing/Beneficiary Demographics Report Attachment C - Special Federal Terms and Conditions Page 13 of 21 Pages Attachment A Housing/Beneficiary Reporting Elements On a monthly basis, the Subgrantee shall provide a narrative report to the Grantee summarizing progress on the project to-date. Accompanying the narrative, the Subgrantee shall submit data in a table or spreadsheet format that is needed in order that the Grantee may complete its required reports to HUD. Data provided by the Subgrantee shall be cumulative to date and include: Property Address Number of bedrooms Status (pending, under construction, completed or sold) Homeowner Name Total family income (projected for 12 months following determination) Number in family Whether head of household is disabled CDBG funds committed to property Prime Contractor (if applicable) Name Federal I.D. Number (or Owner Social Security Number) Whether Minority-Owned, Women-Owned or Both CDBG funds committed to Prime Subcontractor (if applicable; provide separate data for each subcontractor) Name Federall.D. Number (or Owner Social Security Number) Whether Minority-Owned, Women-Owned or Both CDBG funds committed to Subcontractor Page 14 of21 Pages Attachment B Housing/Beneficiary Demographics Report Also accompanying the monthly narrative report and the reporting elements given in Attachment A, the Subgrantee shall provide the demographics report in the format provided below. DIRECT BENEFICIARY REPORT Program / Activity Name Reporting Period 1 Counts by: ___ Households or ___ Persons? (Check the one that applies.) # of New Participants this Period (if 2 applicable): (cumulative to 3 TOTAL # BENEFITING FROM ACTIVITY: date) (Beginning 07/01/04 - Ending 06/30/0S) 4 RACIAL INFORMATION (cumulative to date) # TOTAL # HISPANIC White: Black/African American: Asian: American Indian / Alaskan Native: Native Hawaiian / Other Pacific Islander: American Indian / Alaskan Native & White: Asian & White: Black/African American & White: Am. Indian/Alaskan Native & Black/African Am.: Other Multi-Racial: TOTAL: (cumulative to 5 # - FEMALE HEAD OF HOUSEHOLD: date) 6 INCOME INFORMATION (cumulative to date) # TOTAL < 80% of Median (Low Income Limit) < 50% of Median (Very Low Income) < 30% of Median TOTAL: Pre pared by: _______________________________ Date Prepared: ________________ Revised 03/05/2004 Page 15 of 21 Pages Attachment C U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIAL TERMS AND CONDITIONS (Agreements $10,000 or Over) 1. "Section 3" Comoliance -- Provision of Training. Emolovment and Business Oooortunities: a. 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.e. 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. b. 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. c. The Subgrantee 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. d. The Subgrantee 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 contractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. The Subgrantee will not subcontract with any contractor 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 contractor has first provided it with a preliminary statement of ability to comply with the Page 16 of 21 Pages requirements of these regulations. e. 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 assistance, its successor and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its Subgrantees and contractors, 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. 2. Ecual Emolovment Oooortunitv: Contracts subiect 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 Subgrantee 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 Subgrantee agrees as follows: a. The Subgrantee will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Subgrantee 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 payor other forms of compensation; and selection for training, including apprenticeship. The Subgrantee 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. b. The Subgrantee will, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. c. The Subgrantee 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 Page 17 of 21 Pages Compliance Officer advising the said labor union or workers' representatives of the Subgrantee's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Subgrantee 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. e. The Subgrantee 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 Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. f. In the event of the Subgrantee'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 Subgrantee 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. g. The Subgrantee 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 contractor or vendor. The Subgrantee 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 Subgrantee becomes involved in or is threatened with litigation with a contractor or vendor as a result of such direction by the Department, the Subgrantee may request the United States to enter into such litigation to protect the interest of the United States." The Subgrantee 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 Subgrantee 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 Subgrantee agrees that it will assist and cooperate Page 18 of 21 Pages actively with the Department and the Secretary of Labor in obtaining the compliance of Subgrantees and contractors 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 Subgrantee 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 Subgrantee 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 Subgrantees and contractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Subgrantee 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 Subgrantee under the Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Subgrantee; and refer the cause to the Department of Justice for appropriate legal proceedings. 3. Nondiscrimination Under Title VI of the Civil Riahts 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 Subgrantee 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 Subgrantee and the United States are beneficiaries of and entitled to enforce such covenant. The Subgrantee, 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. Section 504 and Americans with Disabilities Act: The Subgrantee agrees to comply with any federal regulation issued pursuant to compliance with the Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act, which prohibit discrimination against the disabled in any federal assisted program. Page 19 of 21 Pages 5. Obliaations of Subgrantee with Resoect to Certain Third-oartv Relationshios: The Subgrantee 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 Subgrantee. Any Subgrantee 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 Subgrantee 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 1 04(h) of the Housing and Community Development Act of 1974. 6. 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. 7. Prohibition Aaainst Pavments of Bonus or Commission: 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, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. 8. "Section 109": This Agreement is subject to the requirements of Section 1 09 of the Housing and Community Development Act of 1974, 42 U.s.e. 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. 9. Access to Records and Site of Emolovment: 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 tot he matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pursuant thereto by the Subgrantee. Information obtained in this manner shall be used only in connection with the administration of the Order, the administration of the Civil Rights At of 1964 (as amended) and in furtherance of the purpose of the Order and that Page 20 of 21 Pages Act. 10. Leaal Remedies for Contract Violation: If the Subgrantee materially fails to comply with any term ofthis 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: a. Temporarily withhold cash payments pending correction of the deficiency by the Subgrantee, b. Disallow all or part of the cost of the activity or action not in compliance, c. Wholly or partly suspend or terminate the current Agreement, or d. Take other remedies that may be legally available. Page 21 of 21 Pages CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 8, 2005 File #314 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37140-080105 approving and authorizing execution of the Blue Ridge Behavioral Healthcare FY 2006 Performance Contract, upon certain terms and conditions, as more particularly set forth in a letter from the City Manager addressed to the Council under date of August 1, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 1, 2005, and is in full force and effect upon its passage. MFP:ew Sincerely, ~....... ~J .",. yy\o~ -k..~ Mary F. Parker, CMC \ rr - City Clerk Attachment pc: S. James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare, 301 Elm Avenue, S. W., Roanoke, Virginia 24016-4001 Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Jane R. Conlin, Director of Human Services K:\AGENDA CORRESPONDENCE\agenda correspondence 05\Aug 05\Aug 1 2005 correspondence.doc ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of August, 2005. No. 37140-080105. A RESOLUTION approving and authorizing the execution of the Blue Ridge Behavioral Healthcare FY 2006 Performance Contract, upon certain terms and conditions. WHEREAS, Section 37.1-194 of the Code of Virginia, 1950, as amended, requires every locality to establish a community service board to oversee the delivery of mental health, mental retardation and substance abuse services, and it is further required that the local governing body of a locality approve the Performance Contract; and WHEREAS, the City of Roanoke has established the Blue Ridge Behavioral Healthcare Board pursuant to this statutory provision. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The 2006 Performance Contract proposed to be entered into with the Blue Ridge Behavioral Healthcare Board, as more particularly set forth in the City Manager's letter dated August 1,2005, to this Council, is hereby approved. 2. The City Manager is hereby authorized to execute any and all requisite documents to enter into the Performance Contract with the Blue Ridge Behavioral Healthcare Board, subject to approval as to form by the City Attorney. ATTEST: CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com August 1, 2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Blue Ridge Behavioral Healthcare FY 2006 Performance Contract Background: The 1998 General Assembly passed HB428 which amended and reenacted sections of the Code of Virginia relating to local roles and responsibilities for mental health, mental retardation, and substance abuse services. Section 37.1-194 of the Code of Virginia, 1950, as amended, requires every locality to establish a community service board to oversee the delivery of mental heath, mental retardation and substance abuse services, and it is further required that the local governing body of a locality approve the Performance Contract. The City of Roanoke has already established Blue Ridge Behavioral Healthcare pursuant to this statutory provision as the Community Services Board. The adopted budget for FY 2005-2006 includes an appropriation of $434,481 for Blue Ridge Behavioral Healthcare. Considerations: In accordance with the Code of Virginia Title 37.1, Blue Ridge Behavioral Healthcare has submitted the Fiscal Year 2006 Community Services Honorable Mayor and Members of City Council August 1, 2005 Page 2 Performance Contract to ensure the delivery of publicly funded services and supports to citizens of the Commonwealth with mental illness, mental retardation, or substance abuse. Services are to be provided directly or by contract through the operating board of the Community Services Board. Section 37.1-1 98B. Code of Virginia requires all governing bodies for the localities served by the Community Services Board to approve the Community Services Performance Contract Recommended Action: Adopt the attached resolution approving the execution of the attached Blue Ridge Behavioral Healthcare FY 2006 Performance Contract and authorize the City Manager to execute any required documents to enter into the Performance Contract with the Blue Ridge Behavioral Healthcare Board. ~ Darlene L. Bu City Manager DLB:tem c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Jane R. Conlin, Director of Human/Social Services S. James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare CMOS-00112 FY2006 Community Services Performance Contract Quarter C Exhibit A Blue Ridge Consolidated Budget Revenue Source Mental Mental Substance TOTAL Health Retardation Abuse State Funds 2,441,973 348,657 1,823,996 4,614,626 State Restricted Funds 2,612,298 0 305,024 2,917,322 Local Matching Funds 716,961 116,276 86,104 919,341 Fee Revenues 5,641,274 3,727,734 1,306,212 10,675,220 Federal Funds 766,073 0 2,056,403 2,822,476 Other Funds 490,677 0 0 490,677 State Retained Earnings 99,183 0 0 99,183 Federal Retained Earnings 0 0 other Retained Earnings 0 0 Subtotal Funds 5,577 ,739 22.538,845 State Funds One-Time State Restricted Funds One-Time Federal Funds One-Time Subtotal One -Time Funds 0 TOTAL ALL FUNDS 22,538,845 Expenses 12,768,439 4,192,667 5,577,739 22,538,8451 Local Match Computation Total State Restricted and State Fund 6,975,484 (Less DAP, Net Regional DAP and Net Reinvestment) Local Matching Funds 919,341 Total State and Local 7,894,825 % Local Match 11.64% Fees Transferred TO FROM NET -235,492 235,492 ~ Administrative & Management Expenses Total Admin. Expenses 2,879,216 Total Expenses 22,538,845 % Administration 12.77% Report Date 6/24/2005 AF-1 FY2006 Performance Contract Blue Ridge Financial Comments - MH Fed PATH - $56,379 of additional PATH funds projected ---- Commentl Comment2 MH Transfer Out Regional OAP - $167,000 allocated to Allegheny Highlands CSB Comment3 MH Other Fed-CSB - Functional Family Therapy grant to be received through Comment4 Roanoke County $288,298 CommentS MH Other Funds - SARA-OCJS $98,580, SARA-VAWA $32,112, CSA $359,985 Comment6 MH State Retained Earnings - Unspent funds for Regional Project Manager Comment7 SA Other Fed-CSB - Botetort Co Safe Schools $18.700. TANF through OSS $133,584, Comment8 - Safe and Drug Free Schools $22,379 Comment9 In-kind match of $224,000 is the depreciation realized from a gift to the Board CommentlO of a building valued at $5.6m using straight-line depreciation over 25 years as Commentl1 advised by our aditors. Commentl2 Per L1POS agreement.MH Acute Care dollars are allocated to 250 Acute Psych Ip. Commentl3 $100k, 310 Outpatient-$75k and 551 Supervised Res-$25k. Because all $200k Is Comment14 not in 250 Acute Psych IP I there Is an error message. CommentlS Commentl6 Commentl7 Commentl8 Commentl9 . Comment20 Comment21 Comment22 Comment23 Comment24 Comment2S Report Date 6/24/2005 AF-2 FY 2006 Performance Contract Financial Summary Mental Health Blue Ridge Revenue Source Revenue Fees MH Medicaid Fees MH Fees: Other 5,531,240 200,000 Total MH Fees MH Transfer Fees (To)/From MH Net Fees Restricted Funds Federal MH FBG SED C & A MH FBG SMI MH FBG PACT MH Fed PATH MH Other Federal- DMHMRSAS MH Other Federal - CSB MH Fed COSIG 5,731,240 -89,966 5,641.274 148,042 262,988 o 68,745 o 286,298 o Total Federal Restricted MH Funds State MH Acute Care (Fiscal Agent) MH Transfer In/(Out) Acute Care MH Net Acute Care 766,073 200,000 o 200,000 MH Regional DAP (Fiscal Agent) MH Transfer In/(Out) Regional DAP MH Net Regional DAP MH Facility Reinvestment (FIscal Agent) MH Transfer In/(Out) Facility Reinvestment MH Net Facility Reinvestment MH Regional DADlWlntex (Fiscal Agent) MH Transfer In/(Out) Regional DADlWlntex MH Net Regional DADlWintex MH DADlWlntex MH PACT MH Discharge Assistance (DAP) MH CSA Non-Mandated MH Crisis Stabilization MH Pharmacy (Blue Ridge) MH Demonstration Project-Children Total State Restricted MH Funds 440,700 -167,000 273,700 o o o o o o o 700,000 282,764 238,146 o 917,688 o 2,612,298 Report Date 6/24/2005 AF-3 FY 2006 Performance Contract Financial Summary Mental Health Blue Ridge Revenue Source Revenue Other Funds MH Other Funds MH Federal Retained EarnIngs MH State Retained Earnings MH Other Retained Earnings Total Other MH Funds 490,677 o 99,163 o 569.860 State Funds MH State General Funds MH State RegIonal Deaf Services MH State NGRI MH State Children's Services 2,361,973 50,000 5,000 25,000 Total State MH Funds 2,441,973 Local Matchlna Funds MH In-KInd MH Contributions MH Local Other MH Local Government 103,120 o o 613,841 Total Local MH Funds 716,961 Total MH Revenue & Expenses MH One Time Funds MH FBG SWVMH Board 12,768,439 Total One TIme MH Funds o o Total All MH Revenue 12,768,439 Report Date 6/24/2005 AF-4 FY 2006 Performance Contract MR Financial Summary Blue Ridge Revenue Sources Revenue Fees MR Medicaid Fees MR MedIcaid ICF/MR MR Fees: Other 3,686,239 o 187,021 Total MR Fees MR Transfer Fees (To)/From MR Net Fees Restricted Funds Federal MR Child Day Care MR Other Federal - DMHMRSAS MR Other Federal - CSB 3,873,260 -145.526 3.727.734 o o o Total Federal Restricted MR Funds State MR Facility Reinvestment (Fiscal Agent) MR Transfer In/(Out) Facility Reinvestment MR Net Facility ReInvestment Total State Restricted MR Funds Other Funds MR Workshop Sales MR Other Funds MR State Retained Earnings MR Other Retained EarnIngs Total Other MR Funds o o o o o o o o o o State Funds MR State General Funds MR OBRA MR Family Support MR Children's Family Support 148,160 66,114 109,983 24,400 Total State MR Funds Local Matchlno Funds MR In-KInd MR Contributions MR Local Other MR Local Government 348,657 34,776 o o 81,500 Total Local MR Funds 116,276 Total ALL MR Revenue 4,192,667 Report Date 6/24/2005 AF-S FY 2006 Performance Contract SA Financial Summary Blue Ridge Revenue Sources Fees SA Medicaid Fees SA Fees: Other Total SA Fees SA Transfer Fees (To)/From SA Net Fees Restricted Funds Federal SA FBG Alcohol/Drug Trmt SA FBG Women SA FBG Prevention-Women SA FBG SARPOS SA FBG HIV/AIDS SA FBG Facility Diversion SA FBG Jail Services SA FBG CrisIs Intervention SA FBG Prevention SA FBG Co-Occurring SA FBG TurnIng Point (Fiscal Agent) SA FBG Transfer In(Out) TurnIng Point SA FBG Net TurnIng Point SA FBG Prev-Strengthenlng families SA Other Federal - DMHMRSAS SA Other Federal - CSB SA Fed TANF/LINK SA Fed State Incentive Grant SA Fed COSIG Total Federal Restricted SA Funds State SA Facility Reinvestment (Fiscal Agent) SA Transfer In/(Out) Facility Reinvestment SA Net Facility Reinvestment SA Facility DiversIon SA Women SA Crisis Stabilization Total State Restricted SA Funds Report Date 6/24/2005 Revenue 22,000 1,048,720 1,070,720 235.492 1,306,212 1,177,352 80,000 20,000 240,677 106,994 46.436 o o 212.301 o o o o o o 172,643 o o o 2,056.403 o o o 202,800 102,224 o 305,024 AF-6 FY 2006 Performance Contract SA Financial Summary Blue Ridge Revenue Sources Revenue Other Funds SA other Funds SA Federal Retained Earnings SA State Retained Earnings SA Other Retained EarnIngs Total other SA Funds o o o o o State Funds SA State General Funds SA Region V Residential SA Postpartum - Women SA Jail Servlces/Juv Detention 1.639.196 o 6.400 178,400 Total State SA Funds Local Matchina Funds SA In-KInd SA Contributions SA Local Other SA Local Government 1,823,996 86,104 o o o Total Local SA Funds Total ALL SA Revenue 86,104 5,577,739 Report Date 6/24/2005 AF-7 LOCAL GOVERNMENT TAX APPROPRIATIONS Blue Ridge FY2006 City/County Tax Appropriation 7,500 99,000 34,760 119,600 434,481 Craig County Salem City Botetourt County Roanoke County Roanoke City Total Local Government Tax Funds: 695,341 Report Date 6/24/2005 AF-B FY2006 CSB 100 Mental Health Utilization Data Quarter: C Blue Ridge Report for Form 11 Service Total Units Contract Units Per Consumers Core Services / Enrollment Codes Capacity Units Capacity Served Expenses 100 Emergency Services 10FTEs 20800 15280 1,528 2054 $1,080,856 250 Acute Psychiatric or SA Inpatient Services 0.42 Beds 153.3 154 367 36 $149,592 310 Outpatient Services 29.13 FTEs 60590.4 44097 1,514 2032 $4,174,381 350 Assertive Community Treatment 3 FTEs 6240 4378 1.459 40 $290,157 320 Case Management Services 31.57 FTEs 65665.6 46703 1.479 1408 $2,919,510 410 Day Treatment/Partial Hospitalization 72.4 Slots 52128 49836 688 169 $1,840,356 425 RehabilitationlHabiitation 25 Slots 42900 32684 1.307 131 $493,299 501 Highly Intensive Residential Services 5 Beds 1825 1825 365 5 $363,390 551 Supervised Residential Services 3.24 Beds 1182.6 1184 365 39 $59,298 581 Supportive Residential Services 14.39 FTEs 29931.2 21011 1.460 124 $1,263,358 610 Prevention Services 2 FTEs 4160 2931 1.466 $232,462 390 Consumer Monitoring Services 1 FTEs 2080 1374 1,374 65 $101,780 910-Discharge Assistance Project (DAP) 918 Non-CSA Mandated MH e&A Services 918 Program of Assertive Community Treatment (PACT) Total Expenses $12,768,439 Report Date 6/24/2005 AP-1 FY2006 CSB 200 Mental Retardation Utilization Data Quarter: C Blue Ridge Report for Form 21 Service Total Units Contract Units Per Consumers Core Services / Enrollment Codes Capacity Units Capacity Served Expenses 310 Outpatient Services 0.03 FTEs 62.4 43 1,433 22 $3,271 320 Case Management Services 15.7 FTEs 32656 24099 1,535 606 $1,442,320 ~25 Rehabilitation/Habiitatlon 29.2 Slots 36441.6 30563 1,047 127 $511,115 130 Sheltered Employment 2.23 Slots 813.95 813 365 7 $19,400 tOO Individual Supported Employment OFTEs 0 1011 27 $44,368 521 Intensive Residential Services 23 Beds 8395 8171 355 23 $1,547,898 551 Supervised Residential Services 6 Beds 2190 2132 355 $369,979 581 Supportive Residential Services 3.07 FTEs 6385.6 4695 1,529 $172,816 520 Ear1y Intervention Services OFTEs 0 2260 $81,500 ~20 Medicaid Mental Retardation HCB Waiver Services Total Expenses $4.192,667 Report Date 6/24/2005 AP-2 FY2006 CSB 300 Substance Abuse Utilization Data Report for Form 31 Core Services I Enrollment Codes 260 Community-Based SA Medical Delox Inpatient Service 310 Outpatient ServIces 320 Case Management Services 410 Day Treatment/Partial Hospitalization 521 Intensive Residential Services 531 Jail~Based Habilitation Services 610 Prevention Services 930 SA State MH Facility Admission Diversion Project Report Date 6/24/2005 Service Capacity 12 Beds 13.47 FTE. 8.83 FTEs 10.1 Slots 39.11 Beds 40 Beds Blue Ridge Totaf Units 4380 28017.6 18366.4 7878 14275.15 14600 Contract Units 3308 20425 12974 7386 12461 14200 Quarter: C Units Per Consumers Capacity Served Expenses 276 545 $882,806 1,516 762 $1,183,146 1.469 801 $1,059,841 731 98 $323,132 319 256 $1,355,749 355 222 $185,119 $587,946 AP-3 Total Expenses FY2006 CSB Performance Contract Supplement Table 1: Board of Directors Membership Characteristics Name of CSB: IBlue Ridge Total Appointments: c:::::Jl] Vacancies: Number of Consumers: I 3 ] o I Filled Appointments: I Number of Family Members: 1~ D Age of Board Members Race and Ethnicitv of Board Members Age 18 - 35: 31 African-American: 3 Age 36 - 64: 111 AsianJPacific Islander: 0 Age 65+: 21 Caucasian: 131 Total: 161 Other: 01 Gender of Board Members Total: 161 Female: 10 I Hispanic Origin: o II Male: 61 Total: 161 Board Member Occupations Businessmen/Businesswomen: I 51 14 ,I Educators: L-~ Human Service Professionals: I 3 I Homemakers: I I I Medical Professionals: I . II Lawyers: I 0 1 Sheriffs: I 0 I Elected Gov't Officials: Appointed Gov't Officials: Clergy: Clerical/Blue Collar Workers: Retired Individuals: Non-Gov. Servo Providers: No Response: 0] II 01 01 31 21 01 Total: I 20 I Elected and appointed government officials might also be identified in other occupational categories; duplication is acceptable in this table and it is important to identify all of the government officials serving as Board members. Report Date 6/24/2005 AP-4 0 z EI il "" " ~ .. ~ '" ,. ~ " ~ .. ... ... ~ '" OJ ... i ~ ...:l -t:l ~ c.. '" = ... 0 ..= ~ " u '" 1 '"' '" '" OJ ,Q Z = a " ~ '" ,. a 0 '"' ~ f oS '" '"' '"' 0 '" ... i:l.< OJ "t:i '" '"' '"' ... ~ ~ 0 ..... ~ 0 '" "t:i '" '"' OJ ~ 'E 0 ~ ~ '" ~ .. " rJ:J ~ .a t> '" ... <( ... ... = ,Q := ... ..= a 1><1 a 1'<1 0 U I,C) <:> <:> M >< .... " l>Jl "d ilZ " == - IX! 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"8 <' ...l ~ - " 0 :I: S '" " " 0 i1 [) 0 ~ [) 0 5 ~ " '" ~ 0. t- o, 0. 0 t- :I: '" o, 0 '" ..,. - ~ 0 - 0 - '" 00 0 '" '" ..,. t- t- '" p..; N N t- - - N - - '" '" - 0. '" '" 00 00 - ..,. '" 0. '" - '" ~ ,. .:; It1 " ~ ~ ,., 0 0 J E ~ ~ " - ;3 ~ -s e ~ ~ :.il " rI 'il g ~ " u .::l .~ ~ '" ~ OIl u "8 .. " s " 0 A 'il " " 'bh ~ 0 0 0 ~ 0 ~ 0 S :I: 11 " ~ " .0 ~ ~ ~ ...l " OJ A ] f-< ~ " " G :I: ...l .. :E " " .. ~ z b t -8 .t:: ] a " I~ " " " ~ .EI ~ u ] " .0 I~ OIl I~ 0. Ik: .0 .:: l,.g > 18 I~ " I~ :.::s '" u 1.9 0 ci5 "., <:> <:> ~ '" ~ '0 ~ ~ C< 1: " ~ ~ It> ~ FY 2006 CSB Performance Contract Supplement Table 2: Board Management Salary Costs Name of CSB: Blue Ridge Table 2a: FY 2006 FY 2006 Salary Range Budgeted Tot. Tenure Management Position Title Beginning Ending Salary Cost (yrs) IAdministrative/Finance Director $63,370.00 $101,899.00 $62,892.00 2.88 Children and Youth Services Director $63,370.00 $101,899.00 $65,304.00 2.42 Community Support Director $63,370.00 $101,899.00 $72,995.00 1.63 Executive Director $116,681.00 5.58 Hwnan Resource Manager $63,370.00 $101,899.00 $69,639.00 2.29 Quality Assurance Director $49,652.00 $79,840.00 $47,938.00 1.58 Reimbursement Director $39,531.00 $63,724.00 $38,963.00 2.04 Substance Abuse Services Director $63,370.00 $101,899.00 $67,993.00 10.17 Report Date 6/24/2005 AP-6 Fiscal Year 2006 CSB Performance Contract Supplement Table 2: Fiscal Year 2006 Board Management Salary Costs Explanations for Table 2a Table 2b: Community Service Board Employees I. 2. 3. 4. 5. 6. No. ofFTE CSB Employees MH MR SA ADMIN TOTAL Consumer Service FTEs 116.32 63.85 64.94 245.11 Support StaffFTEs 30.78 15.55 13.08 47.75 107.16 TOTAL FTE CSB Employees 147.10 79.40 78.02 47.75 352.27 Report Date 6/24/2005 AP-7 'tl c .. 0'" C QI ~ II) 0 CU c."O u E ~ C III '- E CUQloQ. 0.- .cO E l:! ~ 0 I- ::I::I'-Qi ":: >. IOO> CU) .. III 3: QI Co c QI C ~...J :J 0 0:: ...., 0 <D ~ -------... 0 , ~ C I I I - 0 CO I B ... I C .Q 0 I (/) I CO <l; ex:: I ISo t:: I iij III ~... 'tl I E 0) I .- QI mE .0 I U U I 0 U .. I C .- " " I GI III n:: cu i:: c ... I > .- I ".- I .- C ... I C QI -0 ....- 0) U:::m ... I :l E - I co I U-c c I :; I ~c( :J I >. I I I C I W I :J I I I 0 \ ---7---- 0 OJ / QI co .~ > - :jj III J: U ... 0 cu QI =,g '- .. U Q. U lIl'- ." $; 'c i:: I- .!:: .- QI co Ern J: C/) 0 0 ... () 'tl ...., 0 <C l!! .c - ...J a.. 0 >. 0 ...- f ro c - E :J (.) Q) C .- 0 Q) .2lro C Q) ... 0 is Q) E ~ ~ 'tl 0 <.9 .: r- ~ C t - U5 Q. :J .... .....1'0 .. . cu CD ...J 0 0 ctl.c :::s U) C . 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'E C U C o C Q) Q) .- III E Co 'lii E Q) ~ l/)...Cl Q) CO III C Q) 't: C C Q.Q)1ll ro Ea.::i: 'C ro 0 ::a: () C 0 >- $:; Q) >< ti:J:; ro Q) l/) ::a: C .- ~ Q) .5 lr:l E a; "C :>:: <( Central Office, State Facility, And Community Services Board Partnership Agreement Section 12: Signatures. In witness thereof, the CSB and the Department, acting on behalf of the Central Office and the State Facilities that it operates, have caused this Partnership Agreement to be executed by the following duly authorized officials. Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services Blue Rid~e Behavioral Healthcare Services Board By: By: Name: James S. Reinhard, M.D. Title: Commissioner Name: S. James Sikkema I LCSW Title: Executive Director Date: Date: June 24, 2005 9. 05-0S-200S "~~ FY 2006 Community Services Performance Contract 11. Signatures: In witness thereof, the Department and the Board have caused this performance contract to be executed by the following duly authorized officials. Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services Blue Ridge Behavioral Healthcare Board By: By: Name: James S. Reinhard, MD. Title: Commissioner Name: Carole Beat Geiger, h. D. Title: Chairman of the Board Date: Date: June By: Name: S. James Sikkema. LCSW Title: Executive Director Date: June 24, 2005 15. 05-05-200S FY 2006 Community Services Performance Contract Exhibit F: Federal Compliances Certification Regarding Salary: Federal Mental Health and Substance Abuse Prevention and Treatment Block Grants Check One ~ 1. The Board has no employees being paid totally with Federal Mental Health Block Grant . funds or Federal Substance Abuse Prevention and Treatment (SAPT) Block Grant funds at a direct salary (not including fringe benefits and operating costs) in excess of $175,700 per year. 2. The following employees are being paid totally with Federal Mental Health or SAPT Block Grant funds at a direct salary (not including fringe benefits and operating costs) in excess of $175,700 per year. Name Title 1. 2. 3. 4. 5. 6. 35. OS-OS-2005 FY 2006 Community Services Performance Contract Exhibit F: Federal Compliances Assurances Regarding Restrictions on the Use of Federal Block Grant Funds The Board assures that it is and will continue to be in full compliance with the applicable provisions of the Federai Mental Health Services and Substance Abuse Prevention and Treatment Block Grants, including those contained in the General Requirements Document and the following requirements. Under no circumstances shall Federal Mental Health Services and Substance Abuse Prevention and Treatment Block Grant funds be used to: 1. provide mental health or substance abuse inpatient services 1; 2. make cash payments to intended or actual recipients of services; 3. purchase or improve land, purchase, construct, or permanently improve (other than minor remodeling) any building or other facility, or purchase major medical equipment; 4. satisfy any requirement for the expenditure of non-federal finds as a condition for the receipt of federal funds; 5. provide individuals with hypodermic needles or syringes so that such individuals may use illegal drugs; 6. provide financial assistance to any entity other than a public or nonprofit private entity; or 7. provide treat ervices in penal or correctional institutions of the state. [Source: 45 CF S 9 June 24, 2005 Date Signature of Executive Director 1 However, the Board may expend SAPT Block Grant funds for inpatient hospital substance abuse services only when all of the following conditions are met: a. the individual cannot be effectively treated in a community-based, non-hospital residential program; b. the daily rate of payment provided to the hospital for providing services does not exceed the comparable daily rate provided by a community-based, non-hospital residential program; c. a physician determines that the following conditions have been met: (1) the physician certifies that the person's primary diagnosis is substance abuse, (2) the person cannot be treated safely in a community-based, non-hospital residential program, (3) the service can reasonably be expected to improve the person's condition or level of functioning, and (4) the hospital-based substance abuse program follows national standards of substance abuse professional practice; and d. the service is provided only to the extent that it is medically necessary (e.g., only for those days that the person cannot be safely treated in a community-based residential program). [Source: 45 CFR S 96.135] 36. 05-05-2005 FY 2006 Community Services Performance Contract Exhibit G: Local Government Approval of the Community Services Performance Contract - Page 1 1. Name of the Board: Blue Ridge Behavioral Healthcare 2. City or County designated as the Board's Fiscal Agent: Ci ty of Salem, Virqinia 3. Name of the Fiscal Agent's City Manager or County Administrator or Executive: Name: Forest S. Jones Title: City Manager 4. Name of the Fiscal Agent's County or City Treasurer or Director of Finance: Name: Frank P. Turk Title: Director of Finance 5. Name of the Fiscal Agent official to whom checks should be electronically transmitted: Name: Frank P. Turk Title: Director of Finance Address: P. O. Box 869 Salem, VA 24153 37. 05-05-2005 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 4, 2005 File #20-24 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37141-080105 amending and reordaining !;20-125, Definitions. and !;20-126, Restriction on keepina of inoperable motor vehicles, of Article VI, Keepina of Inoperable Motor Vehicles, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, in order to conform with state law. The abovereferenced measure was adopted by the Council ofthe City of Roanoke at a regular meeting which was held on Monday, August 1, 2005, and is in full force and effect upon its passage. ;Jl~ J'~~i Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment K:\AGENDA CORRESPONDENCE\agenda correspondence 05\Aug 05\Aug 1 2005 correspondence.doc Darlene L. Burcham August 4, 2005 Page 2 pc: The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virginia The HonorableJonathan M. Apgar, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable Francis W. Burkart, Ill, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The HonorableJohn B. Ferguson, ChiefJudge,Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Kozuo Webb, Office of the Magistrate Lora A. Wilson, Law Librarian William M. Hackworth, City Attorney Sherman M. Stovall, Director, Office of Management and Budget Rolanda B. Russell, Assistant City Manager for Community Development R. Brian Townsend, Director, Planning Building and Development W. Dan Webb, Acting Director, Neighborhood and Housing Services K:\AGENDA CORRESPONDENCElagenda correspondence 05\Aug 05\Aug 1 2005 correspondence.doc ~~'f IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of August, 2005. No. 37141-080105. AN ORDINANCE amending and reordaining g20-125, Definitions, and g20-126, Restriction on keeping of inoperable motor vehicles, of Article VI, Keeping of Inoperable Motor Vehicles, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, in order to conform with state law, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 20-125, Definitions, of Article VI, Keeping of Inoperable Motor Vehicles, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 20-125. Definitions. The following terms shall, for the purposes of this article, have the meanings set forth below: *** Shielded or screened from view means not visible by someone standing at ground level from outside of the property on which a subject vehicle is located. eompletely preehuliHg visibility of the sllbjeet vehiele from all aajlleeHt streets, alleys llHa properties, by pplacing the an inoperable vehicle within an area completely enclosed either by by either a solid, rigid, opaque fence composed of standard fencing materials or by a landscaped arrangement of non-deciduous trees, sufficient in height, spacing, density and circumference to ensure precluding visibility of the subject vehicle by someone standing at ground level from outside of the property on which the subject vehicle is located shall constitute shielding or screening from view the inoperable motor vehicle in compliance with the requirements of this Article. from a1lllsjlleeBl streets, alleys and properties. The placing, draping or securing of a tarpaulin or other nonrigid cover over or around an inoperable vehicle shall not be sufficient to comply with the requirements ofthis Article. K:\ORDINANCESIO-CA-Chapter20-126 (tnoperabte MV)08010S.doc *** 2. Section 20-126, Restriction on keeping of inoperable motor vehicles, of Article VI, Keeping of Inoperable Motor Vehicles, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 20-126. Restriction on keeping of inoperable motor vehicles. (a) No person shall keep, except within a fully enclosed building or structure or otherwise shielded or screened from view, on any property zoned or used for residential purposes, or on any property zoned for commercial or agricultural purposes, any motor vehicle, trailer or semitrailer which is inoperable; however, Hot mere thllll one such vehicle may be kept outside a fully enclosed building or structure, provided that it is shielded or screened from view. * * * (c) Notwithstanding any other provisions of this Article, if the owner of an inoperable motor vehicle can demonstrate that the owner is actively restoring or repairing the vehicle, and if it is shielded or screened from view, the vehicle and one additional inoperable motor vehicle which is also shielded or screened from view and which is being used for the restoration or repair may remain on the property. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATII\""v ! P ~ City Clerk. K:\ORDlNANCESIO-CA-Chap"'ZO-tZ6 (lnoperabte MV)080105.doc CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 WILLIAM M. HACKWORTH CITY ATTORNEY TELEPHONE: 540-853-2431 FAX: 540-853-]221 EMAIL: cityatty@roanokeva.gov TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER P. FERGUSON ASSISTANT CITY ATTORNEYS August 1, 2005 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, Virginia Re: Amendments to Chapter 20, Motor Vehicle and Traffic Dear Mayor Harris and Members of Council: During its last two sessions, the General Assembly amended SI5.2-905 of the Code of Virginia (1950), as amended ("Virginia Code"). This section is the enabling legislation for Article VI, Keeping of Inoperable Motor Vehicles, of Chapter 20, Motor Vehicles and Traffic, of the City Code, the City's inoperable motor vehicle ordinance. The amendments to SI5.2-905 include a new definition of the term "shielded or screened from view." The new definition in the Virginia Code is more narrow than the definition for the same term currently in S20-l25 of the City's inoperable motor vehicle ordinance. In addition, the legislature also amended SI5.2-905 of the Virginia Code to allow an owner of an inoperable motor vehicle to keep outdoors the inoperable motor vehicle and one additional inoperable motor vehicle that is shielded or screened from view, if the owner can demonstrate that he is actively restoring or repairing one of the inoperable motor vehicles. We have prepared the attached ordinance which amends SS20-125 and 20-126 of the City Code to bring the City's inoperable motor vehicle ordinance into compliance with the State enabling legislation. With kindest personal regards, I am Sincerely yours, {J~ U. ~ William M. Hackworth City Attorney WMH:s Attachment cc: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager Dan Webb, Codes Compliance Coordinator HMMCC - Inoperable Motor Vehicle ~ ..:t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of August, 2005. No. 37142-080105. A RESOLUTION changing the place of commencement of the regular meeting of City Council scheduled to be held at 12:00 Noon, on August 15,2005. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The place of commencement of the meeting of City Council scheduled to begin at 12:00 Noon on August 15, 2005, shall be in the Cafetoriurn, at the Roanoke Academy for Mathematics and Science (RAMS), located at 1616 19th Street, N. W., with the 2:00 p.m. session on the same date to be held in City Council Chamber of the Noel C. Taylor Municipal Building, at 215 Church Avenue, S. W., in the City. 2. Resolution No. 37109-070505, adopted July 5, 2005, is hereby amended to the extent it is inconsistent with this resolution. 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chambers and that it be advertised in a newspaper having general circulation in the City at least seven days prior to August 15,2005. ATTEST: City Clerk. K:\MEASURES\r-meetingplacechange08150S.doc