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HomeMy WebLinkAboutCouncil Actions 05-07-07 Lea 37745-050707 ROANOKE CITY COUNCIL ROANOKE CITY SCHOOL BOARD MONDAY, MAY 7, 2007 9:00 A.M. ROOM 159 ~. AGENDA . 1. Call to Order -- Roll Call. City Council (Council Members Lea and Wishneff arrived late.) School Board (Trustee Penn arrived late, and Vice- Chairman Nash was absent.) 2. Welcome and Opening Remarks: Mayor Harris Chair Carson 3. Items for Discussion: · Fiscal Year 2007-2008 School Budget . Offer to Purchase Textbooks · Updates from Facilities and Finance Committees 4. Other Business. 5. Comments by Council Members/School Trustees. 6. Recess - City Council. Adjourn - School Board. THE SCHOOL BOARD MEETING WAS ADJOURNED. THE COUNCIL MEETING WAS RECESSED AND IMMEDIATELY RECONVENED. 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, and to interview an applicant to fill the unexpired term of Lora j. Katz, as a member of the Architectural Review Board, pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended. Approved (5-0) Council Members Dowe and Mason were not present when vote was recorded. File #110-132-249 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss possible incentives for the expansion of an existing business in the City, where no previous announcement has been made of the business' interest in expanding its facility, pursuant to Section 2.2-3711 (A)(5), Code of Virginia (1 950), as amended. Approved (5-0) Council Members Dowe and Mason were not present when vote was recorded. File #1 32 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 (5-0) Council Members Dowe and Mason were not present when vote was recorded. File #132 Items for discussion at the joint meeting of Council and the Board of Zoning Appeals on Monday, June 4, 2007. Items were to be referred to the City Clerk or City Manager for inclusion on the agenda. Items listed on the 2:00 p.m. Council docket requiring discussion/clarification and additions/deletions to the 2:00 p.m. agenda. (5 minutes) Topics for discussion by the Mayor and Members of Council. (5 minutes) BRIEFINGS: . Transportation Projects Update Presentation on Proposed Library Kiosk Proposed Police Curfew Center 20 minutes 10 minutes 10 minutes . . 2 AT 11 :30 A.M., THE COUNCIL MEETING WAS RECESSED TO BE RECONVENED AT VIRGINIA WESTERN COMMUNITY COLLEGE, NATURAL SCIENCE CENTER, 3095 COLONIAL AVENUE, S.W., FOR A LUNCHEON MEETING WITH VIRGINIA WESTERN COMMUNITY COLLEGE EDUCATIONAL FOUNDATION, INC., FOR AN OVERVIEW OF PROGRAMS OFFERED BY THE COLLEGE. 3 <!P~ _"A":.\"""",! .,.' :.;"'-A' ~,. . \ ~ ~U c" ROANOKE CITY COUNCIL VIRGINIA WESTERN COMMUNITY COLLEGE EDUCATIONAL FOUNDATION, INC. LUNCHEON MEETING AND TOUR MAY 7,2007 12:00 P.M. NATURAL SCIENCE CENTER 3095 COLONIAL AVENUE, S.W. 1. Welcome and Introductions. Council Members Lea and Wishneffwere absent. 2. Blessing of the Meal. Dr. Sandel. 3. Education Makes a Difference: Dr. Robert H. Sandel, President, Virginia Western Community College. 4. Comments by Council/Educational Foundation. AT 1 :30 P.M., THE COUNCIL MEETING WAS RECESSED TO BE RECONVENED AT 2:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W. 4 ROANOKE CITY COUNCIL REGULAR SESSION MAY 7, 2007 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--Roll Call. (All Members Present) The Invocation was delivered by Council Member 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: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's Council meeting will be replayed on Channel 3 on Friday, May 11, 2007, at 7:00 p.m., and Sunday, May 13, 2007, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 5 ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY 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.CLlCKONTHESERVICEICON.CLlCK ON COUNCIL AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING. IF ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. ALL PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CALL THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. 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 AT WWW.ROANOKEVA.GOV, TO OBTAIN AN APPLICATION. 6 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A Proclamation declaring May 2007 as Mental Health Month. Proclamation was forwarded to Mental Health America of Roanoke Valley. File#80 A Proclamation declaring May 15 - 19, 2007 as National Police Week, and Tuesday, May 15, 2007 as Peace Officers' Memorial Day. Police Chief Gaskins accepted proclamation. File#5-80 3. CONSENT AGENDA (APPROVED 7-0) 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-1 Minutes ofthe regular meeting of Council held on Monday, February 5, 2007. RECOMMENDED ACTION: Dispense with the reading of the minutes and approve as recorded. C-2 A communication from the City Manager requesting that Council schedule a public hearing for Monday, May 21,2007, at 7:00 p.m., or as soon thereafter as the matter may be heard, to lease office space in the Main Library at 706 S. Jefferson Street to the Literacy Volunteers of Roanoke Valley. RECOMMENDED ACTION: Concurred in the request. File #323-373 C-3 A communication from the City Clerk advising of the resignation of Frank W. Feather as a member of the Human Services Advisory Board. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. , C-4 A communication from the City Clerk advising of the resignation of Broaddus C. Fitzpatrick as a City representative to the Blue Ridge Soil and Water Conservation District Board of Directors. RECOMMENDED ACTION: Accepted the resignation. File #110-251 -468 7 C-5 A communication from Martha C. "Christy" Williams tendering her resignation as a member of the Roanoke Neighborhood Advocates. RECOMMENDED ACTION: Accepted the resignation and received and filed File #110-488 the communication. C-6 Qualification of Cecelia R. Tyree as Assistant Deputy City Clerk for the City of Roanoke, effective April 16, 2007. RECOMMENDED ACTION: Received and filed. File #38 REGULAR AGENDA BID OPENING: Bids for the Food, Beverage Catering and Concession Franchise for a term of ten years. Sole bid was received from Ovations. The bid was referred to the City Manager for report and recommendation to Council. File #117 4. PUBLIC HEARINGS: a. Citizen comments with regard to appointment of two Trustees to the Roanoke City School Board for three-year terms of office, commencing July 1, 2007 and ending June 30, 2010; and an unexpired term of William Lindsey commencing July 1, 2007 and ending June 30, 2008. Applications were submitted by Melissa Friedman, Mignon Chubb-Hale, Dolores Johns, Vivian Sanchez-Jones, Patrick Kenney, Mark Lucas, Suzanne Moore, Courtney Penn and Court Rosen. 27 citizens registered to speak. No action was taken. File #467 5. PETITIONS AND COMMUNICATIONS: a. A communication from Vice-Mayor David B. Trinkle, the City's representative to the Roanoke Valley Regional Cable Television Committee, transmitting the RVTV Fiscal Year 2008 budget. Adopted Resolution No. 37745-050707. (7-0) File #60-448 8 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: . Affirmative Action and Diversity Initiatives for Calendar Year 2006 No action taken. File #183-202 ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of the Project Safe Neighborhoods grant from the U. S. Department of justice; and appropriation of funds. Adopted Resolution No. 37746-050707 and Budget Ordinance No. 37747-050707. (7-0) File #5-60-236-304 2. Acceptance of an Employment Advancement for TANF Participants grant from the Virginia Department of Social Services; and appropriation of funds. Adopted Resolution No. 37748-050707 and Budget Ordinance No. 37749-050707. (7-0) File #60-72-236 3. Acceptance of a Child Care Provider Training grant from the Virginia Department of Social Services; and appropriation of funds. Adopted Resolution No. 37750-050707 and Budget Ordinance No.3 7751-050707. (7-0) File #60-72-236 4. Appropriation of funds for repairs and historical restoration to the police satellite station located at 1015 Jamison Avenue, S. E., due to a vehicular accident. Adopted Budget Ordinance No. 37752-050707. (7-0) File #5-60-216 9 5. Authorization for waiver of the City's sovereign immunity and execution of a license agreement with CBL & Associates Management, Inc., for a library kiosk at Valley View Mall. Adopted Resolution No. 37753-050707. (7-0) File #323-455 6. Authorization to execute appropriate amendments to the contract with WACO, Inc., in order to retroactively increase the contract "not to exceed" amount. Adopted Ordinance No. 37754-050707. (7-0) File #72-1 72-288 7. Authorization to execute appropriate amendments to the contracts with Strahle Construction Company, Inc., and D. E. Eakin & Sons, Inc., in order to increase the contracts "not to exceed" amounts, respectively. Adopted Ordinance Nos. 37755-050707 and 37756-050707. (7 -0) File #72-172-288 8. Execution of Amendment No. 2 with Hayes, Seay, Mattern & Mattern, Inc., for consultant services for the Three Year Bridge, Culvert, Sign and Parking Garage Inspection Program. Adopted Resolution No. 37757-050707. (7-0) File #102-405 9. Execution of Amendment No.3 with Mattern & Craig, Inc., for consultant services for the Three Year Bridge, Culvert, Sign and Parking Garage Inspection Program. Adopted Resolution No. 37758-050707. (7-0) File #102-405 10. Execution of a Memorandum of Understanding with the County of Roanoke for the continuation of therapeutic recreation services. Adopted Resolution No. 37759-050707. (7-0) File #60-67 10 11. Execution of an amendment to the contract with Cederquist Rodrigez Ripley, P.c., d/b/a Rodriguez Ripley Maddux Motley, for additional design services related to the LEED certification of the Williamson Road Fire Station project. Adopted Budget Ordinance No. 37760-050707 and Ordinance No. 37761-050707. (7-0) File #60-70 12. Execution of an amendment to the contract with Sutton-Kennerly & Associates, Inc., for additional professional services for the condition assessment of the Market Garage fa<;ade project. Adopted Resolution No. 37762-050707. (7-0) File #60-516 b. DIRECTOR OF FINANCE: 1. Financial Report for the month of March 2007. Received and filed. File #10 7. REPORTS OF COMMITTEES: NONE. 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 10. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. None. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 11 At this point, the Mayor left the meeting. 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. The following individuals appeared before Council: Mr. Robert Gravely, 727 29th Street, N. W. Mr. Dick Kepley, 559 Kepplewood Road, S. E. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E. Mr. Stuart Barbour, 727 Riverland Road, S. E. 12. CITY MANAGER COMMENTS: The City Manager announced that the Annual Citizen Appreciation Day is scheduled for Saturday, May 19, 2007. The City Manager announced that she, along with Council Members Dowe and Mason, attended the 100th Birthday Celebration of Oliver White Hill, in Richmond, Virginia, on Friday, May 4, 2007. File #80 THE COUNCIL MEETING WAS DECLARED IN RECESS FOR CLOSED SESSION IN THE COUNCIL'S CONFERENCE ROOM, ROOM 451, NOEL C. TAYLOR MUNICIPAL BUILDING. At this point, Council Member Mason left the meeting. CERTIFICATION OF CLOSED SESSION. (6-0, Council Member Mason was absent.) The following individuals were appointed. William D. Bestpitch was appointed as a member of the Architectural Review Board to fill the unexpired term of Lora J. Katz ending October 1, 2010. File #1 5-11 0-249 12 Jason Moore was appointed as a member of the Fair Housing Board for term ending March 31,2010. File #1 5-110-172 Lucy Lee was appointed as a member of the Roanoke Arts Commission to fill the unexpired term of Susannah Koerber ending June 30, 2009. File #15-110-230 Angela Holland was appointed as a member of the Youth Services Citizen Board to fill the unexpired term of Juan Motley ending May 31 , 2009. The City Manager briefed the Council on a matter with regard to the proposed Cambridge Suites, a previously announced development. File #450-544 THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL THURSDAY, MAY 10, 2007, AT 8:30 A. M., IN ROOM 159, NOEL C. TAYLOR MUNICIPAL BUILDING, TO RECONVENE IN BUDGET STUDY. A SPECIAL MEETING WILL BE HELD ON MONDAY, MAY 14 AT 2:00 P.M., IN THE COUNCIL CHAMBER, TO ADOPT THE CITY OF ROANOKE FISCAL YEAR 2007-2008 BUDGET. 13 CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 2401 1-1594 TELEPHONE: (540) 853-2444 FAX: (540) R53-1145 C. NELSON HARRIS Ma)'or May 7, 2007 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, and to interview an applicant to fill the unexpired term of Lora J. Katz, resigned, on the Architectural Review Board, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, c...1(dw.. ~ 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 City Web: www.roanokeva.gov May 7, 2007 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 pursuant to ~2.2-3711.A.5, Code of Virginia (1950), as amended, for a discussion concerning possible incentives for the expansion of an existing business in the City, where no previous announcement has been made of, the business' interest in expanding its facility. Respectfully, Darlene L. Bur City Manager DLB/lsc c: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, 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 City Web: www.roanokeva.gov May 7, 2007 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: 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. Respectfully, Darlene L. Bur ham City Manager DLB/f c: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, City Clerk ~ ' 0 , . i ~ .,...1, ~ .'\~,'I ,~ r" '- ~ ::; : 5 '0 I . ~ ! l . ~i .~ c::.,-JI r.; ~ ~ ! -.-.:'.' ~ $. I ' ~ i ,,! i l~~~ J___~ '0 00 ~ -.l-.l o oi: ~.(j3 ::00 ? [!a ;'7~ "'9. 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I n~ fi" i.' m tr. - I ~ I I o l> < III , ... -02' ill ~ w Q. - 0' a~ c ~ <0 W ~w S' flj w " [?- ar~ ~. 0 o ~. ~ ro ~ ~ ;::;:CD ~n <c.m ~ x; o..P- o 0 ~ -. :J - c 3 O'lll (C o :i" ~ CD O'lll C ~ V> -. )> ~ '-l m s V> , CD en Vl~ ...- :JCD aa. : (ii' ... ::!. 0' C <:!: ~,ii,~,,' !{. ,l :.L.!J ,; I ~- '~,:~, ~ '~ L,'~ ~i-:..~ i_~ ~'~ )P e ~" -" " ~ ~ rn g: o' " ~ ii1' ~ @.: 3 it crm m~ o'cr S" ~ (fl S" ruO 5f~ 5' Cl 3 Q. 3- ~ c:: ro" ar_!/? w _ . ~ -< iil' n .~ Q o ~ ..""";."."...j\>,,. ,.':'''''"~>,~""''~lIf':",.<r~~~'.i''''r.,,,,'!\:: , ,,'~'''_'h',''c'''''''''''''''''''''' - ",,,,'""-'~'."""=~ ",",,'_'-""'-"''''.__',.,_~'''''''''m~ (1''\ Juvenile Curfew Center Chief A.L. Gaskins ..., -I Curfew Center, Program I Page 1 Proaram DescriPtion The Roanoke community has identified a need for increased services for juveniles in an effort to reduce their overall contact with the criminal justice system. This project is designed address the lack of a designated location for transfer of juveniles from the police to a guardian when the juvenile is accused of violating the City's curfew statutes. The Roanoke Police Department requested approval of funding, $39,979, to establish a curfew center as a location where juveniles can safely wait for parents to respond and take custody. Various departments within the City of Roanoke have completed three major comprehensive plans to address the challenge of involving teenagers in positive activities that will reduce the temptations of criminal activity, thus preventing contact with the criminal justice system. As a result of these plans, a need was identified for a safe place for teens. The Valuing Our Youth through Community Engagement (VOYCE) Initiative identified a location of this type as a 24-hour safe house where children could get counseling and not be on the streets (VOYCE p. 19). A report created by the Local Juvenile Justice Task Force, states, "the earlier behavioral interventions occur with a child, the more effective they will be. Therefore this task force recognizes that the Roanoke community needs to strengthen its interventions and services for young children who are identified as displaying problem behaviors before coming to the attention of the juvenile justice system" (Local Juvenile Task Force p. 24). The 2006 Youth Comprehensive Plan created by the Parks and Recreation department for Roanoke identified "Places and Spaces" as an area of focus for the next three years (see The 2006 Youth Comprehensive Plan, p. 73). Based on the findings of the studies cited above, the Roanoke Police Department requested funds to emulate the Washington, DC Teen Curfew Center. The Roanoke Curfew Center will address youths aged 12 -16, who are located by patrol officers during the night, in violation of the City curfew code. Once the children are brought to the Center by police officers, the Center's staff will council the youth on the dangers of being out late and the problems that could arise. The Center staff will contact the juvenile's parents and have them respond to retrieve the child. Should no parent arrive prior to 4:00 AM, Child Protective Services will be contacted to make foster care arrangements after all alternatives are exhausted. During 2006, 67 juveniles were arrested for crimes that occurred between the hours of 11 :00 PM and 6:00 AM. Thirty of these offenses were -- Curfew C:"nter Program i Page 2 r- I either felonies or involved drugs or weapons. In the City of Roanoke, 23.6% of all property crimes involved juvenile suspects during 2006. Twenty-one percent of these property crimes occurred between the hours of 11 :00 PM and 6:00 AM. The Roanoke Police Department averages approximately 14 curfew violations per month. The current curfew process is lengthy and cumbersome due to a lack of any designated place or service to deal exclusively with the issue. Officers will take curfew violators to the Youth Haven Assessment and Brief Intervention Center, 9 Church Ave, with ease and convenience. Once the Center is operational, it is anticipated that a significant increase in curfew stops would result. An increase in curfew stops would decrease the number of children on the streets, which would lead to a reduced rate of criminal activity within the targeted age group (Washington, DC experienced a drop in juvenile crime after the establishment of their center). Currently, minorities represent 61 % of all juveniles who are arrested in Roanoke. This is well above the 47.4% State average, as cited in various Department of Criminal Justice Services publications. While the curfew center would be available for all juveniles, its availability would likely reduce the overall number of minority juveniles that enter the criminal justice system. This reduction would have a positive effect on the disproportionate contact this population currently receives. Several local community-based programs have pledged support and assistance with the curfew center. These entities include: Family Services; Roanoke Juvenile Court; Straight Street; Roanoke School Administration; Roanoke Social Services; and, the Juvenile Court Services Unit. Approved funding will pay for staffing the center between 12:00am and 4:00am. On duty staff during this time frame would be comprised of an off- duty police officer, and a counselor. The police officer would assist with security, should the need arise, and the counselor would provide beneficial information to the youth while a guardian was en route to pick up the child. I All children brought to the center would then be referred to counseling , services available through the local Department of Social Services and any I other approved programs both public and private. As officers patrol the streets or answer calls for service, they will encounter youths in violation of the curfew ordinance. With a curfew center available, the officer would be able to drop the child off and be readily available for additional dispatched calls. This system should result in a significant increase in the number of youths picked up on curfew violations and therefore decrease the number of juveniles who engage in criminal activity. i, -r Curfew Center Program Page 3 Proaram Goals and Obiectives Goal The program goal is to reduce juvenile crime, gang activity and disproportionate juvenile minority contact with the criminal justice system through programs that provide prevention services and counseling in lieu of incarceration. Objectives By June 30, 2008: 1, Increase the number of curfew pick-ups from 14 per month to 30 per month; 2. Decrease by 15% the number of juveniles that are arrested for crimes that occur between the hours of 11 :OOpm and 6:00am; 3. Decrease by 15% the number of juvenile involved crimes that occur between the hours of 11 :OOpm and 6:00am that were either felonies or involved drugs or weapons; 4. Decrease by 15% the number of juvenile involved crimes that occur between the hours of 11 :OOpm and 6:00am that are classified as property crimes; 5. Decrease by 15% the number of reports to the police involving juvenile gang activity. Sustainabilitv The major portion of program costs will be for staff salary and supplies. It is estimated that the Center will operate 147 days per year (5 days per week during the summer and 3 days per week during the remainder of the year). Salary costs are estimated to be $258 per operating day. Supplies are estimated to cost $2,000. Total project costs are estimated to be $39,979 (see the attached budget narrative for further information). There are currently no funds available in the departmental budget to operate the facility. Once program analysis has been completed, and project success is verified, a request will be made for permanent funding through the annual City of Roanoke budget process. A curfew center for the City of Roanoke will be a tremendous asset to the entire community. The community values its young people and is highly interested in reducing violent crime and gang activity by providing services to this population, while at the same time reducing the frequency of which juveniles come in contact with the justice system. The curfew center concept is a natural extension of three of the essential elements of the Project Safe - Page 4 I I , Curfew Center Program I Neighborhoods program. By using partnerships, strategic planning, and community outreach, the curfew center will benefit all youth and the community as a whole. Roanoke Police Department Project Safe Neighborhood Budget Narrative A. Personnel: $35,280 The Curfew Center will be staffed by a volunteer officer and a volunteer counselor, Each staff person will be working on overtime status. The approximate overtime rate for officers and counselors is $30.00 per hour. Duties for the officer working the center will be to provide security to the civilian employee and the juvenile, assist with contacting parents for retrieval of the child and providing an official presence to deter inappropriate behavior. The counselor will evaluate the juvenile for needed social programs and make referrals to the counseling center run by Roanoke Social Services. Due to call for service responsibilities, on duty officers do not have sufficient time to invest towards providing security at the center. Because of the potential for danger, the midnight hours and the need for certified counselors, locating suitable volunteers would be difficult at best. B. Fringe Benefits: $2,699 As required by Federal Law, FICA premiums must be paid by the employer. At an approximate average compensation rate of $30.00 per hour the associated FICA premium would be the above amount. E. Supplies: $2,000 The center will be in need of general office supplies. $2,000 is requested for the purchase of all needed pens, paper, copier ink, letterhead etc. Total Project Costs $39,979 ".. Office of the Mayor WHEREAS, mentalliealth is essential to everyone's overall health and well-being; mental health problems can ajftct all areas of a person's lift, including school, home, and work; and WHEREAS, mental health problems will strike one in jive adults each year regardless of age, gender, race, etlmicity, religion, or economic status and nearly 30,000 American lives are lost each year to suicide and mentil/ illness; and WHEREAS, all Americans-from. combat veterans to hurricane victims--;;--Ql'e vulnerable to chronic mental health problems associated with trauma and can benefit greatly from early identification and treatment; and WHEREAS, an estimated two-thirds of adults and yoUng people with mental health problems go without the help they need; people can recover from mental illness and lead fUll, productive lives in the community; and WHEREAS, the cost of untreated and mistreated mental health and substance abuse problems to American businesses, governments, and families has grown to $105 billion armua/ly; and WHEREAS, each business, school, government agency, healtheare provider, organization, and citizen bares the burden of mental health problems and has a responsibility to promote mentalwellness. NOW, THEREFORE,1, C. Nelson Harris, Mayor of the City of Roanoke; call upon all citizens, government agenCies, public and private imtitutions, businesses, ~ schools to recommit the community to increasing awareness and understanding of mental health and the needfor appropriate and accessible servicesfor all people with mental illnesses, and do hereby proclaim May 2007, throughout this great All- America City, as MENTAL If&!LTH MONTH. Given under, our hands and the Seal of the City of Roanoke this fifth day of May i,! the year two thoUsand and seven. .. . ATTEST: C. Nelson Harris Mayor ~ 1n.l'Y\o~ ' . Stephonie M Moo~ City Clerk ... OffIce of the l\1ayo1' ,,{:~ CITY 0 FI r""'~B\i P I''') fl.. 1\" T r~ IfTr' _ \,i;" j II (',L "P>. I "l ~J hL \;~/ ..........,. - .... -~ . rot II 1811 WHEREAS, the Congress and the President of' the United States have designated May 15 as Peace Officers' Memorial Day, and the week in which May 15 falls as National Police Week; and WHEREAS, Members of the Roanoke Police Department play an essential role in safeguarding the rights andfreedoms of the citizens of Roanoke; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by sqfeguarding life and property, by protecting them 'against violence and disorder, by protecting the innocent against deception, and the weak against oppression; and WHEREAS, the men and women of the Roanoke Police Department unceasingly provide a vital public service. NOW, THEREFORE, I, C. Nelson Harris, Mayor of the City of Roanoke, Virginia, encourage all citizens to join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities. have rendered a dedicated service to their communities and, in so doing, have established for themselves an enduring reputation for preserving the rights and security of all citizens; and in remembering fallen officers who hove ,made the ultimate sacrifice in service to their community or have become disabled in 'the performance of duty, and do hereby proclaim May 13 - 19, 2007, throughout this great All-America City, as .. NATIONAL POLICE WEEK and, Tuesday, May 15, 2007, in particular, as PEACE OFFICERS' MEMORIAL DAY. Given under our hands and the Seal of the City of Roanoke this fifth day of May in the year two thousand and seven. AITEST: ," ' ~~~ City Clerk C. Nelson Harris Mayor 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 City Web: www,roanokeva.gov May 7, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request to Schedule a Public Hearing Literacy Volunteers of Roanoke Valley has requested a lease for approximately 2100 SF of office space recently vacated by Juvenile Justice located in the Main Library at 706 S. Jefferson Street. This space would house Literacy Volunteers of Roanoke Valley administrative offices and tutoring services. The lease term requested is for a one-year lease starting July 1, 2007 with four mutually agreed upon one-year renewal options. A public hearing is required to consider this lease term. Recommended Action: Authorize the scheduling and advertising of this matter for a public hearing on May 21,2007. Respectfully submitted, Darlene L. Bur City Manager DLB:ssu c: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, City Clerk R. Brian Townsend, Acting Asst. City Manager for Community Dev. Sheila S. Umberger, Director of Libraries CM07-00059 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-ll45 C. NELSON HARRIS Mayor May 8, 2007 File#110-318 The Reverend Frank W. Feather 812 29th Street, N. W. Roanoke, Virginia 24017 Dear Reverend Feather: Your request to tender your resignation as a member of the Human Services Advisory Board was before the Council of the City of Roanoke at a regular meeting held on Monday, May 7,2007. On motion, duly seconded and unanimously adopted, your resignation was accepted. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Human Services Advisory Board from September 7, 2004 to May 7, 2007. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your years of service. Sincerely, C. Nelson Harris Mayor CNH:SMM:ew Enclosure pc: Teresa I. McDaniel, Secretary, Human Services Advisory Board Stephanie M. Moon, CMC, City Clerk CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 2401 1-1594 TELEPHONE, (540) 853-2444 FAX, (540) 853-1145 C. NELSON HARRIS Mayor May 8, 2007 File #110-251 Mr, BroaddusC. Fitzpatrick 11 6 27th Street, S. E. Roanoke, Virginia 24014 Dear Mr. Fitzpatrick: Your request to tender your resignation as a City representative to the 'Blue Ridge Soil and Water Conservation District Board was before the Council of the City of Roanoke at a regular meeting held on Monday, May 7,2007. On motion, duly seconded and unanimously adopted, your resignation was accepted. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a City representative to the Blue Ridge Soil and Water Conservation District Board from September 7, 2004 to May 7,2007. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your years of service. Sincerely, ~, Mayor Enclosure pc: Joseph H. Maroon, Director, Department of Conservation and Recreation, 203 Governor Street, Richmond, Virginia 23219-2094 Stephanie M. Moon, CMC, City Clerk 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 May 8, 2007 File #110-488 Ms. Martha C. Williams 1911 Sheffield Road, S. W. Roanoke, Virginia 24015 Dear Ms. Williams: Your request to tender your resignation as a member of the Roanoke Neighborhood Advocates was before the Council of the City of Roanoke at a regular meeting held on Monday, May 7, 2007. On motion, duly seconded and unanimously adopted, your resignation .was accepted. The Members of City Council requested that I express sincere appreciation for your service to the City of Roanoke as a member of the Roanoke Neighborhood Advocates from September 6, 2005 until May 7, 2007. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your years of service. 1It c. Nelson Harris Mayor CNH:SMM:ew Enclosure pc: Sandra B. Kelly, Vice-Chair, Roanoke Neighborhood Advocates, 1216 Sylvan Road, S. E., Roanoke, Virginia 24014 Robert A. Clement, Jr., Housing and Neighborhood Services, Neighborhood Services Coordinator Stephanie M. Moon, CMC, City Clerk '1 "1 ':~, .' T'-..;..' 1.0 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Cecelia R. Tyree, do solemnly 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 the Assistant Deputy City Clerk for the City of Roanoke, Virginia, according to the best of my ability, effective April 16, 2007 (So help Go. Subscribed and sworn to before me this n day of Mfl.;/ 2007. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT ~,,-.hL ~ :n'Y~~ BY ~~.!=t~-------------------- CLERK CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24ot'l-1536 Telephone: (540) 853-2541 Fax: (540) 853-1 145 E-mail: clerk@roanokeva.gov SHEILA N, HARTMAN Deputy City Clerk STEPHANIE M, MOON, CMC City Clerk CECELIA R. 1YREE Assistant Deputy City Clerk May 8, 2007 File #117 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: A bid was received and opened from Ovations for consideration of a Food, Beverage Catering and Concession Franchise at a regular meeting of the Council of the City of Roanoke held on Monday, May 7,2007. On motion, duly seconded, and unanimously adopted, the bid was referred to the City Manager for study, report and recommendation to Council. J~.~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: James Grigsby, Assistant City Manager for Operations Sharon T. Gentry, Purchasing Manager R. Brian Townsend, Acting Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Wilhemina W. Boyd, Director, Civic Facilities BID FORM FOR THE FOOD, BEVERAGE CATERING AND CONCESSIONS FRANCHISE DATE: SUBMITTED BY; Firm Name Roanoke City Council c/o City Clerk's Office Room 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 The undersigned hereby proposes and agrees, if this Bid is accepted, to enter into a contract, together with a lease, with the City to provide all food, .beverage concessions and catering services at the Roanoke Civic Center, located at 710 Williamson Road, NE, Roanoke, Virginia, 24016, for a term of ten ( 10) years in accordance with the terms contained in the City's bid documents for this matter on file in the City Clerk's Office located at the above address. The bidder to which such Lease is awarded shall first execute a performance bond and a labor and materials bond with good and sufficient security in favor of the City in such amount as the City shall determine. Bid: Bidder may attach separate page to respond. 1. The dollar renovations Center. amount to of investment the the kitchen ($ bidder proposes to make in at the Roanoke Civic 2. The percentage and/or dollar amount of catering and concessions sales the bidder proposes to pay to the City. % $ 3. Any fees the bidder proposes to charge the City in connection with the foregoing proposal. 4. The scope of services the bidder proposes to provide the City in connection with the foregoing proposal. 5. The financial ability of the bidder to accomplish the Project. It r..~, '. ,. .('.1. .. ,". !-:<I- '_'-"!' 6. Such other appropriate information about the bidder as the bidder in order to be responsive to City's invitation. deems Bid Term: Commencing on July 1, 2007, and ending on June 30, 2017. State the complete legal name of Bidder, exactly as it is recorded with the State Corporation Commission, if applicable, or otherwise. EXACT NAME OF BIDDER BY BUSINESS ADDRESS CITY TITLE ADDRESS STATE (if ZIP CODE MAILING address) TELEPHONE different than business FAX NUMBER DIRECTIONS FOR MAILING BIDS: If bids are sent by mail, they shall be sent by certified.mail, return receipt requested. Opaque envelopes containing bids must be sealed, marked and addressed as follows: Roanoke City Council C/o City Clerk Room 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Please label in large letters on the front and back of envelope: BID FOR THE FOOD, BEVERAGE CATERING AND CONCESSION FRANCHISE/ NOT TO BE OPENED UNTIL COUNCIL MEETING AT 2:00 PM ON MAY 7, 2007. Project: Bid Form O~L IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AN ORDINANCE accepting the bid of to execute a franchise and lease agreement to be the exclusive provider of all food, beverage, catering and concessions services at the Roanoke Civic Center, located at 710 Williamson Road, NE, Roanoke, Virginia, for a tenn of ten years; authorizing the City Manager to take such further action and/or execute such further documents as may be necessary to implement and administer such franchise and lease agreement; rejecting all other bids; and dispensing with the second reading of this ordinance. WHEREAS, the City has, by advertisement published once a week for two successive weeks in a paper of general circulation published in the City, publicly invited bids for the execution of the foregoing agreement; WHEREAS, the City desires to enter into a franchise and lease agreement for the exclusive provision of food, beverage, catering and concession services at the Roanoke Civic Center; WHEREAS, bid( s) for the execution of an agreement to lease and to renovate and equip such Buildings was received pursuant to such advertisement and was publicly opened at the Council meeting held Monday, May 7, 2007; WHEREAS, Council held a public hearing on this matter at its meeting on Monday, May 7, 2007, at which all persons were accorded a full and fair opportunity to comment with respect to the C~; , ., i;:.". J: .', i ,,-: r ;.,.... 'j proposed agreement and/or lease for such franchise; and 1 K:\ORDINANCES\O-LEASEI 17119NORFOLK AVENUE 050707.DQC WHEREAS, City Council determined that the bid of to execute franchise and lease agreement to be the exclusive provider of all food, beverage, catering and concessions services at the Roanoke Civic Center, upon certain terms and conditions, was the most responsive and responsible bid received by the City and Council is desirous of accepting such bid. NOW, THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke as follows: to execute a franchise and lease agreement to be the 1. The bid of exclusive provider of all food, beverage, catering and concessions services at the Roanoke Civic Center, for a term of ten years, upon such other terms and conditions as the City Manager may deem appropriate and agree to, is hereby ACCEPTED. 2. Any and all other bids made to the City for the above matter are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 3. The City Manager and the City Clerk are authorized to execute and attest, respectively, an agreement between the City and to execute a franchise and lease agreement to be the exclusive provider of all food, beverage, catering and concessions services at the Roanoke Civic Center, for a term often years, located at 710 Williamson Road, NE, Roanoke, Virginia. 4. The City Manager is further authorized to take such further action and/or execute such further documents as may be necessary to implement and administer such agreement. 5. Pursuant to the provision of Section 12 of the City Charter, the second reading ofthis 2 K:\ORDINANCESIO-LEASE 1171 [9NORFOLK AVENUE 050707.DOC ordinance by title is hereby dispensed with. K:\ORDlNANCESIO-LEASEI17119NORFOLK AVENUE 050707.DOC ATTEST: City Clerk. 3 , \ TERMS AND CONDITIONS TO THE CONTRACT FOR THE CATERING, CONCESSIONS AND FOOD AND BEVERAGE FRANCHISE THIS CONTRACT is made and entered into this day of 2007, by and between the CITY OF ROANOKE, VIRGINIA, ("City") a municipal corporation organized under the laws of the Commonwealth of Virginia, and ("Contractor") WITNESSETH: WHEREAS, City owns the Roanoke Civic Center located in Roanoke, Virginia, consisting of the Coliseum, a 10,000 capacity public assembly facility; 14,000 square feet of Exhibition Hall space; the Roanoke Performing Arts Theatre, a 2,148 seat performing arts venue, and a new 46,000 square foot Exhibit Hall with an adjacent 4,500 square foot kitchen (collectively, the "Facility"); and WHEREAS, Contractor is engaged in the business of managing and operating food, beverage, concessions services and catering services at multi-purpose facilities; and WHEREAS, City desires to grant to Contractor the exclusive right and privilege to manage and operate the food, beverage, concessions and catering services at the Facility; and WHEREAS, Contractor desires to accept such franchise to manage and operate such food, beverage and concessions and catering services at the Facility, subject to the terms and conditions contained herein. NOW THEREFORE, for and in consideration of the foregoing, the mutual covenants and promises hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows: SECTION 1. WORK TO BE PERFORMED AND DOCUMENTS. For the consideration hereinafter specified to be paid and/or provided by the City to the Contactor for the Work provided for in this Contract to be performed by the Contractor, the Contractor hereby covenants and agrees with the City to fully perform the services, provide any parts and materials called for, and complete the Work called for by this Contract in a good and workmanlike manner in accordance with this Contract and the documents referred to herein in'ordertofully'a'nd-'properly complete this Contract within the time stipulated, time being made of the essence for this Contract. It is also agreed by the parties hereto that the documents to this Contract consist of this Contract and the following documents listed below (Contract Documents), all of which are and constitute 1 a part of this Contract as if attached hereto or set out in full herein, viz: 1. Scope of Services Exhibit A (to be provided by the Contractor to the City (after negotiations with the successful bidder, but before award) 2. Lease- Exhibit B. 3. Kitchen Design Plans- Exhibit C. 4. Insurance Specifications - Exhibit D. 5. Performance Bond- Exhibit E 6. Labor Bond- F. 7. Information on Contract to be Awarded -Exhibit G 8. Contractor's Proposal- Exhibit H The parties agree that if there are any differences between the provisions of the above referenced documents, the provisions of the City documents and this Contract will control over any Contractor supplied documents or information. SECTION 2. TERM OF CONTRACT AND TIME OF PERFORMANCE A. The term of the Contract will be for ten (10) years, commencing July 1, 2007, and terminating upon June 30, 2017, at which time it will terminate, unless sooner terminated pursuant to the terms of the Contract or by law. B. The Contractor shall commence the Work to be performed under this Contract on July 1, 2007, and the Contractor covenants and agrees to fully perform and complete the Work and/or provide the goods called for by this Contract. The Contractor further agrees that the Work shall be started promptly on the above date and shall be prosecuted regularly, diligently, and uninterruptedly that will ensure full completion thereof consistent with the Contract Documents and that Contractor will cooperate and coordinate with the other City contractors or employees doing other work or using the area where Contractor is working. The Contractor further agrees to provide the items requested SECTION 3. COMPENSATION [The compensation structure for the award of the franchised is to be proposed by the interested bidder and may be further negotiated between the City and the successful bidder.) SECTION 4. HOLD HARMLESS AND INDEMNITY. Contractor shall indemnify and hold harmless the City and its officers, agents, and employees and members of the Civic Center Commission against any and all liability, losses, damages, claims, causes of action, suits of any nature, costs, and expenses, including reasonable attorney's fees, resulting from or arising out of Contractor or its 2 employees, agents, or subcontractors actions, activities, or omiSSions, negligent or otherwise, on or near the Facility or arising in any way out of or resulting from any of the work or items to be provided under this Contract, and this includes, without limitation, any fines or penalties, violations of federal, state, or local laws or regulations, personal injury, wrongful death, or property damage claims or suits. Contractor agrees to and shall protect, indemnify, and hold harmless all the parties referred to above from any and all demands for fees, claims, suits, actions, causes of action, settlement or judgments based on the alleged or actual infringement or violation of any copyright, trademark, patent, invention, article, arrangement, or other apparatus that may be used in the performance of this Contract. SECTION 4. KITCHEN IMPROVEMENT Contractor agrees to invest an amount not to exceed Dollars ($ ) at the Facility over the term of the Contract for the design, construction and installation of the kitchen, according to the City's specifications attached to this Contract as Exhibit C, to be dedicated to the food and beverage, catering and concession services to be performed by Contractor hereunder and in order to complete the concession facilities in accordance with mutually agreed objectives. City shall not be responsible for contributing any dollar amounts to the installation, design and construction of the kitchen. In the event additional amounts are required to complete the food and beverage facilities, Contractor shall be solely responsible for such amounts. City and Contractor shall mutually agree in writing upon the specific equipment or improvements to be purchased or made with Contractor's investment, as well as the location for such improvements or installation of such equipment. All such improvements or equipment shall be owned by Contractor until payment of the costs of the kitchen have been recouped or the expiration of the term of the Contract (whichever is first). At such time, and Contractor agrees to execute such documents as City shall reasonably request evidencing City's ownership interest in such improvements and equipment, including financing statements. SECTION 5. OPERATING ACCOUNT. Contractor shall establish and maintain, in its name, a separate commercial operating bank account for the Facility and shall deposit all gross receipts in such account. Contractor shall pay all operating expenses from the gross receipts deposited in the operating account. SECTION 6. REPORTING REQUIREMENTS A. Contractor agrees to maintain separate and independent books and records, in accordance with generally accepted accounting practices, relating to its operations in connection with its management of the food and beverage, catering and concessions services, as applicable. Such books and records shall contain documentation regarding the deposit of all gross receipts, and the incurrence by Contractor of all expenses, including copies of invoices of all products and materials purchased by Contractor 3 hereunder, and copies of payroll summaries, tax returns, deposit receipts and bank statements relating to operating account.. City or its designee shall have the right to inspect such books and records from time to time upon reasonable notice during the ordinary business hours of Contractor. B. Contractor shall provide to City, within thirty (30) days after the end of each month during the Term, financial reports regarding its provision of food and beverage catering and concessions services, including a statement showing gross receipts and the operating expenses for the applicable period, and a month to date reconciliation report. Additionally, Contractor shall provide to City, within twenty four (24) hours following each event at the Facility, a daily gross receipts report in a form to be mutually agreed upon. C. City shall have the right, at its cost and option, to engage an independent third party to audit the books and records of Contractor, for the purpose of confirming that the amounts remitted by Contractor to City hereunder are the proper amounts due City. In the event such audit reveals any underpayment to City, Contractor shall promptly pay to City the amount of such deficiency. In the event such underpayment is more than two percent of the amount due, Contractor shall pay City's costs for the third party audit. SECTION 7. TERMINATION This Contract may be terminated (i) by either Contractor or City upon thirty (30) days written notice to the other, if the other party fails to perform or comply with any of the material terms, covenants, Contracts or conditions hereof, and such failure is not cured during such thirty (30) day period, (ii) by either Contractor or City by written notice to the other upon the other being judged bankrupt or insolvent, or if any receiver or trustee of all or any part of the business property of the other shall be appointed and shall not be discharged within one hundred twenty (120) days after appointment, or if either such party shall make an assignment of its property for the benefit of creditors or shall file a voluntary petition in bankruptcy or insolvency, or shall apply for bankruptcy under the bankruptcy or insolvency laws now in force or hereinafter enacted, Federal, State or otherwise, or if such petition shall be filed against either party and shall not be dismissed within one hundred twenty (120) days after such filing. Upon any termination of this Contract, each part y shall promptly pay the other all fees, if any, due such parties up to the date of termination for the operating year in which this Contract is terminated, computed on a pro-rata basis to the effective date of termination. SECTION 8. PERSONNEL A. Contractor shall employ, train and supervise personnel with appropriate qualifications and experience, in sufficient number to provide all the services 4 appropriate for the duties of such party to be performed under this Contract. All such personnel shall be employees, agents or independent contractors of Contractor (or a subsidiary or affiliate thereof), as applicable, and not of City. Contractor shall select the number, function, qualifications, and compensation, including salary and benefits, of its employees and shall control the terms and conditions of employment relating to such employees. Contractor agrees to use its due diligence and to exercise reasonable and prudent judgment in the selection and supervision of such personnel, and shall use its best efforts to employ persons who are courteous and efficient, and who will not use improper language or act in a loud or boisterous manner while performing duties at the Facility. B. Contractor shall employ as part of its personnel at the Facility an individual with managerial experience to serve as a full-time general manager of Concession Services Hiring of the General Manager by Contractor shall require the prior approval of City, which approval shall not be unreasonably withheld or delayed. The General Manager will have general supervisory responsibility for Contractor at the Facility and will be responsible for day-to-day operations of the Concession Services, supervision of Contractor employees, and management and coordination of all activities associated with the sale of concessions at the Facility. C. Contractor shall ensure that its non-management employees performing the duties of Contractor at the Facility shall be neatly attired in clean, commercially attractive uniforms which shall be subject to the approval of City. Contractor shall train all such employees so that they are aware of the high standards for cleanliness, courtesy and service required by Contractor. D. All personnel engaged by Contractor to work at the Facility shall be admitted to the Facility without payment of any admission fee, at an entrance to be designated by City. All such personnel shall have the right to park at the Facility without charge in areas designated by City. SECTION 9 INVENTORY A. Contractor shall order, stock, prepare, pay for and sell quality food, beverage and other concession and catering products. Consumables shall be first quality, wholesome and pure, and all food and beverage merchandise on hand shall be stored and handled with due regard for sanitation. Contractor shall have sufficient amounts of product prepared and an inventory on the premises so as not to run out of product during an event at the Facility. During all events at the Facility, Contractor shall post signs and provide menus displaying the prices of items offered for sale. Such signs and menus shall be subject to the reasonable approval of City. B. The brands and price of all products sold by Contractor shall be determined by Contractor, subject to the reasonable approval of City. Provided price, quality, market acceptability, service and other terms are generally competitive, Contractor agrees to give preference to and feature at the Facility suppliers of products designated by City who purchase advertising from City so long as the giving of such preference does not violate applicable laws, rules or regulations and the features of 5 such product and terms of such transaction (including without limitation the cost of product) are reasonable, as determined by Contractor in its sole discretion, SECTION 10. MAINTENANCE A. Contractor shall keep all fixtures, equipment, furniture and other property installed, furnished or supplied by or for the benefit of Contractor in good order and repair and shall make all necessary repairs and improvements thereto and to the Concession Areas used in the provision of the Concession Services. B. Contractor will maintain the Concession Areas in a clean and neat condition by cleaning, on a day-to-day basis, the interiors of the concession areas and bars, concession stands and vending stations under its control at the Facility (and within a (5) feet perimeter of such stands and stations). Contractor shall further clean, as needed in the determination of City, the walls, windows, ceilings, light fixtures and equipment located within the Concession Areas. Contractor shall deposit in receptacles provided by City all waste, garbage and refuse which shall accumulate in the Concession Areas. Contractor shall also provide extermination services as may be necessary for the Concession Areas. C. Contractor shall comply with and observe all federal, state and local laws, ordinances and regulations as to sanitation and the purity of food and beverages or otherwise relating to its operations under this Contract. SECTION 11. LICENSES. PERMITS AND TAXES A. Contractor shall secure and maintain throughout the Term all licenses and permits necessary for the operation of the Concession Services, including those required for the sale of liquor, beer and wine at the Facility. City shall cooperate with Contractor in connection with filing applications for, and securing and maintaining in good standing, any and all licenses and permits and renewals thereof needed by Contractor to fulfill its obligations hereunder. B. Contractor agrees to strictly comply with the laws of the Commonwealth of Virginia regarding the sale of alcoholic beverages to minors. Contractor agrees to adopt an identification policy to verify the age of potential purchasers of alcoholic beverages. Contractor further agrees it will not sell alcoholic beverages to customers who are visibly intoxicated. Contractor will institute and conduct training programs for Contractor employees at the Facility on the proper standards to use to avoid selling alcoholic beverages to customers who are or who appear to be intoxicated. C. Contractor shall collect and pay all taxes imposed upon the sale of concession items hereunder, as required by all applicable Federal, State or local laws, rules and ordinances. Contractor shall be responsible for and pay all social security, unemployment insurance, old age retirement and other federal and state taxes that are 6 measured by the wages, salaries, or other remuneration paid to persons employed by Contractor. Contractor shall be responsible for paying all leasehold taxes that may be assessed by City under all applicable federal, state and/or local laws, rules and ordinances.. SECTION 12. INDEPENDENT CONTRACTOR. The relationship between Contractor and the City is a contractual relationship. It is not intended in any way to create a legal agency or employment relationship. Contractor shall, at all times, maintain its status as an independent contractor and both parties acknowledge that neither is an agent, partner or employee of the other for any purpose. Contractor shall be responsible for causing all required insurance, workers' compensation and unemployment insurance to be provided for all of its employees and subcontractors. Contractor will be responsible for all actions of any of its subcontractors, if any. SECTION 13. DEFAULT. If Contractor refuses or fails to perform any of the terms of this Contract, including poor services, (a default), the City may, by written notice to Contractor, terminate this Contract (or the separable part of this Contract). In addition to any right to terminate, the City may enforce any remedy available at law or in equity in connection with such default, and Contractor shall be liable for any damages to the City resulting from Contractor's default. SECTION 14. AUTHORIZED REPRESENTATIVES. Contractor shall appoint one of its key personnel as a representative who shall have the power and authority to work with the City and represent Contractor in all administrative matters so as to provide for the correction of problems and reduction of costs. All notices, requests demands and other communication shall be in writing and sent by overnight delivery, registered mail, certified mail or hand delivery, addressed to the party's principal place of business herein written. Either party may by notice in writing, direct that future notices or requests, or demands be sent to a different address. Notices given by mail shall be deemed given upon deposit in the United States mail. Notices given by hand delivery shall be deemed given at the time of actual delivery. Notices given by overnight delivery shall be deemed given at the time of actual delivery. The Authorized Representative of each party are the following: Contractor Atl: 7 City City of Roanoke Attn: SECTION 15. INSURANCE REQUIREMENTS. Contractor and any of its subcontractors involved in this Contract shall maintain the insurance coverages set forth in Exhibit D to this Contract and provide the proof of such insurance coverage as called for in Exhibit D including workers' compensation coverage regardless of the number of Contractor's employees. Such insurance coverage shall be obtained at the Contractor's sole expense and maintained during the life of the Contract and shall be effective prior to the beginning of any work or other performance by the Contractor under this Contract. Additional insured endorsements, if required, must be received by the City within 30 days of the execution of this Contract or as otherwise required by the City's Risk Manager. SECTION 16. WARRANTY. Contractor hereby warrants that all items and work covered by this Contract shall conform to the specifications, drawing, samples, or other description furnished by the Contractor and shall be new, merchantable, of good material and workmanship, and free from any defects. Contractor also warrants good title to and freedom from any encumbrances for all items and warrants against any infringement. Contractor may not exclude any warranty. If this Contract is for services, Contractor warrants that the services shall be completed in a professional, good and workmanlike manner, with the degree of skill and care that is required by like Contractors in Virginia. Further, Contractor warrants that such services shall be completed in accordance with the applicable requirements of this Contract and shall be correct and appropriate for the purposes contemplated in this Contract. Such warranties are in addition to any of the Contractor's other guarantees or obligations under this Contract or that may arise by law. Contractor agrees that Contractor shall repair or replace, at Contractor's sole expense, and to the satisfaction of the City, any items, material, equipment, or part of the item that is found by the City to be defective or not in accordance with the terms of this Contract. SECTION 17. PAYMENTS TO OTHERS BY CONTRACTOR. The Contractor agrees that Contractor will comply with the requirements of Section 2.2- 4354 of the Virginia Code regarding Contractor's payment to other entities and the Contractor will take one of the two actions permitted therein within 7 days after receipt of amounts paid to Contractor by the City. Contractor further agrees that the Contractor shall indemnify and hold the City harmless for any lawful claims resulting from the failure of the Contractor to make prompt payments to all persons supplying the 8 Contractor equipment, labor, tools, or material in connection with the work provided for in the Contract. In the event of such claims, the City may, in the City's sole discretion, after providing written notice to the Contractor, withhold from any payment request or final payment the unpaid sum of money deemed sufficient to pay all appropriate claims and associated costs in connection with the Contract and make such payment, if the City determines it to be appropriate to do so. SECTION 18 SECURITY A Performance security and a Labor and Material Payment Security each in the amount of no less than seven hundred fifty ($750,000,00) shall be furnished by the Contractor, in accordance with Sections 15.1-2101 and 2.2-4337 and 2.2 -43338 of the Virginia Code (1950) as amended, on forms attached to this Contract as Exhibits C and D respectively, made payable to the City of Roanoke properly executed by the successful bidder as principal and a Corporate Surety authorized to transact business in the Commonwealth of Virginia. Attorneys-in-fact who execute the bonds must file with each bond a certified copy of their Power of Attorney. SECTION 19 COOPERATION. Each party agrees to cooperate with the other in executing any documents or taking reasonable action necessary to carry out the intent and purpose of this Contract. SECTION 20. NONWAIVER A waiver or failure by either party to enforce or require performance of any term or condition of this Contract or the waiver of any particular breach of this Contract by either party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of this Contract by either party and does not bar the nonbreaching party from requiring the other party to comply with all the terms and conditions of this Contract and does not bar the nonbreaching party from asserting any and all rights and/or remedies it has or might have against the other party under this Contract or by law. SECTION 21. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, Contractor submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Contract is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by such court according to the laws of the Commonwealth of Virginia. SECTION 22. SEVERABILITY 9 If any provision of this Contract, or the application of any provision hereof to a particular entity or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall not be affected and all other terms and conditions of this Contract shall be valid and enforceable to the fullest extent permitted by law. SECTION 23. COMPLIANCE WITH LAWS AND REGULATIONS Contractor agrees to and will comply with all applicable federal, state, and local laws, ordinances, and regulations. specifically including, but not limited to, the Virginia Public Procurement Act, Section 2.2-4300 et. seq., of the Code of Virginia (1950) as amended, if Contractor subcontracts any work required in its performance of the Contract. SECTION 24. SUCCESSORS AND ASSIGNS. The terms, conditions, provisions, and undertakings of this Contract shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. SECTION 25. HEADINGS. The captions and headings in this Contract are for convenience and reference purposes only and shall not affect in any way the meaning and interpretation of this Contract. SECTION 26. COUNTERPART COPIES. This Contract may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. SECTION 27. AUTHORITY TO SIGN. The persons who have executed this Contract represent and warrant that they are duly authorized to execute this Contract on behalf of the party for whom they are signing. Section 28. NOTICES. All notices required or permitted to be given pursuant to this Contract shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, overnight air courier services, to the address and individual set forth below. All such notices to either party shall be deemed to have been provided when delivered, if delivered personally, three (3) days after mailed, if sent by registered or certified mail, or the next business day, if sent by generally recognized, prepaid, overnight air courier services. If to City: If to Contractor: 10 Attn: The designation of the individuals to be so notified and the addresses of such parties set forth above may be changed from time to time by written notice to the other party in the manner set forth above. SECTION 29. NONDISCRIMINATION CLAUSE. A. During the performance of this Contract, Contractor agrees as follows: i. Contractor 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 Contract. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ii. Contractor in all solicitations or advertisements for employees placed by or on behalf of Contractor will state that Contractor is an equal opportunity employer. iii. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. B. Contractor will include the provisions of the foregoing Section A (i, ii, and iii) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. SECTION 30. DRUG-FREE WORKPLACE. A. During the performance of this Contract, Contractor agrees to (i) provide a drug-free workplace for Contractor's employees; (Ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the 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 Contractor that Contractor maintains a 11 drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. B. For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. SECTION 31. FAITH BASED ORGANIZATIONS. Pursuant to Virainia Code Section 2.2-4343.1. be advised that the Citv does not discriminate aaainst faith-based oraanizations. SECTION 32. ASSIGNMENT. Successful Bidder may assign or transfer the Contract in whole or in part only with the prior written consent of the City, which consent shall not be unreasonably withheld. If consent to assign is given, no such assignment shall in any way release or relieve the Offeror from any of the covenants or undertakings contained in the Contract and the Offeror shall remain liable for the Contract during the entire term thereof. SECTION 33. CONTRACTUAL DISPUTES. Contractual claims, whether for money or for other relief, shall be submitted, in writing, no later than sixty (60) days after the earlier of the final payment or termination of the Contract or notice from the City to the Contractor that the City disputes the amount of Contractor's request for final payment. However, written notice of the Contractor's intention to file such claim must be given at the time of the occurrence or beginning of the work upon which the claim is based. Such notice is a condition precedent to the assertion of any such claim by the Contractor. A written decision upon any such claims will be made by the City Manager or the City Manager's designee (hereafter City Manager) within thirty (30) days after submittal of the claim and any practically available additional supporting evidence required by the City Manager. The Contractor may not institute legal action prior to receipt of the City's decision on the claim unless the City Manager fails to render such decision within 120 days from submittal of Contractor's claim. The decision of the City Manager shall be final and conclusive unless the Contractor within six (6) months of the date of the final decision on a claim or from expiration of the 120 day time limit, whichever occurs first, initiates legal action as provided in Section 2.2 - 4364, of the Va. Code. Failure of the City to render a decision within said 120 days shall not result in the Contractor being awarded the relief claimed nor shall it result in any other relief or penalty. The sole result of the City's failure to render a decision within said 120 days shall be Contractor's right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2 - 4365 of the Va. Code has been established for contractual claims under this Contract. 12 SECTION 34. CONTRACT SUBJECT TO APPROPRIATION OF FUNDS. This Contract is subject to the availability of funds and appropriation of such funds by City Council as may be necessary for this Contract. If such funds are not available and/or appropriated, the City may cancel the Contract without incurring any liability and/or damages of any type to the Contractor. Any such cancellation may be by a written notice from the City to the Contractor. SECTION 35. ETHICS IN PUBLIC CONTRACTING. The provisions, requirements, and prohibitions as contained in Sections 2.2-4367 through 2.2-4377, of the Va. Code, pertaining to bidders, offerors, contractors, and subcontractors are applicable to this Contract. SECTION 36. ENTIRE CONTRACT. This Contract constitutes the complete understanding between the parties. This Contract may be modified only by written Contract properly executed by the parties. IN WITNESS WHEREOF, the parties hereto have affixed their hand and seals. ATTEST: CONTRACTOR Printed Name and Title Printed Name and Title (SEAL) CITY OF ROANOKE, VIRGINIA ATTEST: By City Clerk City Manager Approved as to form: Appropriation and Funds Required for this Contract Certified: 13 City Attorney Approved as to Execution: City Attorney Director of Finance Account # 14 EXHIBIT A SCOPE OF SERVICES To be provided by Bidder. 15 EXHIBIT B LEASE AGREEMENT This Lease Agreement given by the City of Roanoke to ("Contractor") as part of the above mentioned Contract dated between the City and the Contractor in order to allow the Contractor to provide Food, Beverage, Catering and Concessions Services at the Roanoke Civic Center( "Facility") is subject to the terms and conditions of such Contract and the provisions set forth below. Contractor specifically agrees to the provisions set forth herein. The following are the terms and conditions of this Lease. 1. Lease and License The City hereby leases to Contractor and Contractor Leases from City that part of the Facility that the City has designated as the "Leased Area." (See attached drawing marked as Attachment A, which shows the Leased Area.) Contractor is further licensed to use the additional areas as shown on the attached Exhibit A. 2. Term of Lease. The term of this Lease shall run concurrently with the term of the above mentioned Contract between the parties. If such Contract expires or is terminated, then this Lease shall automatically terminate without any further notice. 3. Use of Leased Area. Contractor shall use the Leased Area only for the purpose of the Work described in the above Contract. 4. Condition of Leased Area. Contractor acknowledges that the Leased Area is being delivered to Contractor in an AS IS condition and that Contractor is solely responsible for having examined and investigated such Leased Area to be sure the Leased Area is suitable for the purposes that Contractor intends to use the Leased Area for the Work. Contractor will be solely responsible for making all such improvements necessary to use the Leased Area for such purposes during the entire term of this Lease. 5. Improvements to Leased Area. Contractor agrees that prior to Contractor doing any work in the Leased Area or any other improvements that Contractor places in the Leased Area, Contractor will submit plans and drawings or a description of any such items to the City 16 Director of General Services and any other required City official for review and approval and will not proceed with any such actions until such prior review and written approval has been obtained. 6. Compliance with Laws. Contractor agrees to comply with all applicable city, state, and federal laws, ordinances, regulations, statutes, and codes, including all relevant zoning, building, environmental, and safety codes, in connection with any construction, maintenance, improvements, and/or operation of the Contractor's Parts Operation activities in the Leased Area. 7. Maintenance of and Failure to Maintain Leased Area. Contractor shall be solely and fully responsible for setting up, maintaining, cleaning, operating, providing security, and otherwise being in charge of the Leased Area. However, should Contractor fail to properly and timely maintain the Leased Area and/or provide any of the other items as required by this Lease and/or the above-mentioned Contract, the City may provide for such maintenance and/or items and will be entitled to recover all of City's reasonable costs and expenses, including attorney's fees, from Contractor and Contractor agrees to pay all such monies to City within ten (10) days after demand for such from the City. 8. Utilities. Contractor shall pay the charges for all the utility services in the Leased Area. 9. Return of Leased Area. Contractor agrees that upon the expiration and/or termination of this Lease, or any extensions thereof, that Contractor will return the Leased Area to the City in as good a condition as it was at the start of the Lease, ordinary wear excepted, and that all permanent improvements to the Leased Area by the Contractor will become the property of the City upon any such termination or expiration of this Lease. However, Contractor may remove, at Contractor's sole expense, any of Contractor's temporary or personal property not permanently affixed to the Leased Area provided it will not cause any damage to the Leased Area and Contractor will repair, to the satisfaction of the City, any damages to the Leased Area caused by any removal of such items. 10. Security. Contractor agrees to be responsible for provision of security for the Leased Area. This includes such measures as may be needed. 17 11. No Damaae to Leased Area. Contractor agrees not to and shall not commit or permit any act which results in any wasting or damage to the Leased Area. Should any such waste or damage occur, the Contractor will repair and/or replace all damaged items or areas to the satisfaction of the City, or, at the City's option, pay the City the reasonable cost of the City having such work performed. 12. Responsibilitv for Leased Area. Contractor agrees that Contractor shall be responsible for any and all damages to the Leased Area due to Contractor's use and/or for any and all other claims arising from such use and/or Contractor's actions or omissions, including, but not limited to, any damages to vehicles, any loss of personal property, any personal injuries, and any other injuries or damages of any type. 13. Protection of Leased Area. Contractor agrees that if Contractor breaches any of the provisions of this Lease, the City may take any actions necessary to protect and/or maintain the Leased Area and that Contractor will pay the City all damages, costs, and expenses, including attorney's fees, incurred by the City for such actions. 14. Risk of Loss. Notwithstanding anything herein to the contrary, Contractor shall bear the risk of any loss of or damage to the Leased Area and/or any goods and items in the Leased Area during the term of this Lease. Also, notwithstanding anything herein to the contrary, City shall not be liable for any direct, consequential, incidental, or any other damages incurred by Contractor due to any malfunction, vandalism, acts of God (including, without limitation, lightning, wind, rain, flood, hail, fire or storms) lack of electricity, lack of air conditioning, lack of heat, or any other damages resulting from any reason whatever to the Leased Area or arising out of or resulting from any use of the Leased Area by the Contractor. 17. Entrv on the Propertv bv the Citv. The City shall have the right to enter the Leased Area for the purpose of inspection at any reasonable time or times during the term of this Lease, provided however, that such inspections shall not unreasonably interfere with the Contractor's use and occupancy of the Leased Area. 18. Citv's Limitation of Liabilitv. The City shall not be responsible for any defect or change in the condition of the Lease Area or for any resulting damage or injury to any person or property 18 occurring in the Leased Area or for any damages or loss of any of the parts or other items in the Leased Area. 19. Environmental. A. Contractor represents, warrants and agrees that: (a) Contractor shall permit no installation or placement of Hazardous Material in the Leased Area in violation of Environmental Laws; (b) Contractor shall permit no release of Hazardous Material onto or from the Leased Area; (c) Contractor shall cause the Leased Area to comply with Environmental Laws and be free and clear of any liens imposed pursuant to Environmental Laws; (d) all Leases, permits and other governmental or regulatory actions necessary for the Leased Area to comply with Environmental Laws (the "Permits") shall be obtained and maintained by Contractor and Contractor shall assure compliance therewith; and (e) Contractor shall give City prompt written notice if Contractor receives any notice with regard to Hazardous Material on, from or affecting the Leased Area and shall conduct and complete all investigations and all cleanup actions necessary to remove, in accordance with Environmental Laws, such Hazardous Material from the Leased Area. B. City shall have the right at any time during the term of this Lease, whether before or after default, to conduct or cause to be conducted an environmental inspection or audit of the Leased Area by itself or by a qualified environmental consultant or engineer selected by the City; and Contractor hereby grants to City and its employees, agents, and independent contractors (hereinafter collectively called "City and its Representatives"), the right to enter the Leased Area upon reasonable notice for the purpose of conducting, whether before or after default, any inspection, audit or tests, making soil borings, extracting samples, installing monitoring wells, and conducting such other procedures as City and/or its Representatives deem necessary or desirable in connection with such inspection or audit. At any time during the term of this Lease, provided City has a reasonable basis for doing so, City may require Contractor to cause to be performed, at the expense of Contractor, for the benefit of Contractor and City, an inspection or audit of the Leased Area by an environmental consultant or engineer approved by the City, and Contractor shall furnish to City, at no cost to City, the written inspection or audit report certifying as to the presence or absence of Hazardous Material on, at, or under the Leased Area. All inspection reports may be submitted to governmental entities or agencies as requested or as may be required by law or regulations. C. Contractor shall indemnify and hold harmless City, its offices, employees, and agents from and against all losses, expenses (including, without limitation, attorneys' fees) and claims of every kind suffered by or asserted against the City as a direct or indirect result of (1) the presence on or 19 release from the Leased Area of any Hazardous Material, whether or not caused by Contractor, (ii) the violation of Environmental Laws applicable to the Leased Area , whether or not caused by Contractor, (iii) the requirement to conduct any remediation of Hazardous Materials from the Leased Area, (iv) the failure by Contractor to comply fully with the terms and provisions of this section, or (v) any warranty or representation made by Contractor in this section being false or untrue in any material respect. The indemnity and hold harmless obligation of Contractor to City under this paragraph includes losses, expenses, (including, without limitation, attorneys' fees) and claims caused by the action or inaction of the Contractor, its agents, employees, invitees and others permitted by Contractor on the Leased Area or near the Leased Area. D. "Hazardous Material" means polychlorinated biphenyls, petroleum, flammable explosives, radioactive materials, asbestos and any hazardous, toxic or dangerous waste, substance or material defined as such in (or for purposes of) Environmental Laws or listed as such by the Environmental Protection Agency. "Environmental Laws" means any current or future federal, state or locallaw,regulation or ruling applicable to environmental conditions on, under or about the Leased Area including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Toxic Substances Control Act, the Clean Water Act and the Chesapeake Bay Preservation Act. Contractor's obligations under this section shall survive the expiration or termination of this Lease. 20. Sians. Contractor shall have no right to install or erect in the Leased Area any signs, antennas or other equipment or device without the prior written consent of City, which consent shall not be unreasonably withheld. 21. Riahts Cumulative. All rights, powers, and privileges conferred hereunder upon the City to enforce this Lease shall be cumulative, and are in addition to and not restrictive to those given by law. 22. Lease Part of Contract. This Lease is a part of the above mentioned Contract between the parties and is also subject to the terms and conditions of such Contract. 20 21 EXHIBIT D INSURANCE. Contractor and its subcontractors involved in this Contract shall maintain the following insurance coverages with a quality company, written on an occurrence basis, issued by a company licensed to transact business in this State, during the life of this Contract, and shall furnish the City with certificates of insurance which shall also include insurance deductibles, if applicable. The certificates shall name the City and its officers, agents and employees and the Roanoke City Civic Center Commission as additional insureds, providing coverage against any and all claims and demands made by a person or persons whomsoever for property damages or bodily or personal injury (including death) incurred in connection with the services to be provided under this Contract with respect to the Commercial General Liability coverage and the Automobile Liability coverage. With respect to the Workers' Compensation coverage, Contractor's insurance company shall waive rights of subrogation against the City and its officers, agents and employees. A. Commercial General Liability: $ One Million $Two Million General Aggregate Limit (other than Products/Completed Operations) . $ One Million Products/Completed Operations Aggregate Limit. $ One Million Personal Injury Liability (including liability for slander, libel, and defamation of character). $ One Million each occurrence limit (including liability for Contractual, and Owners and Contractors Protective). B. Automobile Liability: $ One Million combined single limit with applicable endorsement to cover waste cargo. C. Workers' Compensation and Employer's Liability: Workers' Compensation: statutory coverage for Virginia Employer's Liability: $100,000.00 Bodily Injury by Accident each occurrence $500,000.00 Bodily Injury by Disease Policy Limit. $100,000.00 Bodily Injury by Disease each employee. D. The above limit amounts may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $ Five Million. 22 E. Employee Dishonest Coverage F. Proof of Insurance Coverage: 1. Contractor shall furnish the City of Roanoke with the required certificates of insurance showing the type, amount,effective dates and date of expiration of the policies. 2. The required certificates of insurance shall contain substantially the following statement: Should any of the above described policies be cancelled before the expiration date thereof the issuing company shall mail 30 days written notice to City of Roanoke, Risk Manager, 215 Church Avenue, S.w., Room 506, Roanoke, VA 24011. The telephone number is (540) 853-1856. 23 \ I \ I, i' tV , Ll1h \1 I ..'" TERMS AND CONDITIONS TO THE CONTRACT FOR THE CATERING, CONCESSIONS AND FOOD AND BEVERAGE FRANCHISE THIS CONTRACT is made and entered into this day of 2007, by and between the CITY OF ROANOKE, VIRGINIA, ("City") a municipal corporation organized under the laws of the Commonwealth of Virginia, and ("Contractor"), WITNESSETH: WHEREAS, City owns the Roanoke Civic Center located in Roanoke, Virginia, consisting of the Coliseum, a 10,000 capacity public assembly facility; 14,000 square feet of Exhibition Hall space; the Roanoke Performing Arts Theatre, a 2,148 seat performing arts venue, and a new 46,000 square foot Exhibit Hall with an adjacent 4,500 square foot kitchen (collectively, the "Facility"); and WHEREAS, Contractor is engaged in the business of managing and operating food, beverage, concessions services and catering services at multi-purpose facilities; and WHEREAS, City desires to. grant to Contractor the exclusive right and privilege to manage and operate the food, beverage, concessions and catering services at the Facility; and WHEREAS, Contractor desires to accept such franchise to manage and operate such food, beverage and concessions and catering services at the Facility, subject to the terms and conditions contained herein, NOW THEREFORE, for and in consideration of the foregoing, the mutual covenants and promises hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows: SECTION 1. WORK TO BE PERFORMED AND DOCUMENTS. For the consideration hereinafter specified to be paid and/or provided by the City to the Contactor for the Work provided for in this Contract to be performed by the Contractor, the Contractor hereby covenants and agrees with the City to fully perform the services, provide any parts and materials called for, and complete the Work called for by this Contract in a good and workmanlike manner in accordance with this Contract and the documents referred to herein in order to fully and properly complete this Contract within the time stipulated, time being made of the essence for this Contract. It is also agreed by the parties hereto that the documents to this Contract consist of this Contract and the following documents listed below (Contract Documents), all of which are and constitute 1 a part of this Contract as if attached hereto or set out in full herein, viz: 1. Scope of Services Exhibit A (to be provided to the City after negotiations with the successful bidder, but before award) 2. Lease- Exhibit B. 3. Kitchen Design Plans- Exhibit C. 4. Insurance Specifications - Exhibit D. 5. Performance Bond- Exhibit E 6. Labor Bond- F. 7. Information on Contract to be Awarded -Exhibit G 8. Contractor's Proposal- Exhibit H The parties agree that if there are any differences between the provisions of the above referenced documents, the provisions of the City documents and this Contract will control over any Contractor supplied documents or information. In connection with the Work to be provided under this Contract, City hereby leases to Contractor that certain space described in the attached Exhibit B and further licenses to Contractor the concession stands, customer serving locations, food preparation areas, vendor commissaries, kitchen and warehouse facilities, and other related areas at the Facility ("Concession Areas"), together with the improvements, equipment and personal property upon or within such areas, along with the non-exclusive right to use the concourses, spectator seating areas, parking areas, loading areas and walkways of the Facility, solely for the purpose of providing Concession Services. Contractor agrees to operate the Concessions Areas with respect to all events at the Facility, during hours as may be reasonably requested by City to adequately meet public demand. SECTION 2. TERM OF CONTRACT AND TIME OF PERFORMANCE A. The term of the Contract will be for ten (10) years, commencing July 1, 2007, and terminating upon June 30, 2017, at which time it will terminate, unless sooner terminated pursuant to the terms of the Contract or by law. B. The Contractor shall commence the Work to be performed under this Contract on July 1, 2007, and the Contractor covenants and agrees to fully perform and complete the Work and/or provide the goods called for by this Contract. The Contractor further agrees that the Work shall be started promptly on the above date and shall be prosecuted regularly, diligently, and uninterruptedly that will ensure full completion thereof consistent with the Contract Documents and that Contractor will cooperate and coordinate with the other City contractors or employees doing other work or using the area where Contractor is working. The Contractor further agrees to provide the items requested SECTION 3. COMPENSATION 2 [The compensation structure for the award of the franchise is to be proposed by the interested bidder and may be further negotiated between the City and the successful bidder.) SECTION 4. HOLD HARMLESS AND INDEMNITY. Contractor shall indemnify and hold harmless the City and its officers, agents, and employees and members of the Civic Center Commission against any and all liability, losses, damages, claims, causes of action, suits of any nature, costs, and expenses, including reasonable attorney's fees, resulting from or arising out of Contractor or its employees, agents, or subcontractors actions, activities, or omissions, negligent or otherwise, on or near the Facility or arising in any way out of or resulting from any of the work or items to be provided under this Contract, and this includes, without limitation, any fines or penalties, violations of federal, state, or local laws or regulations, personal injury, wrongful death, or property damage claims or suits. Contractor agrees to and shall protect, indemnify, and hold harmless all the parties referred to above from any and all demands for fees, claims, suits, actions, causes of action, settlement or judgments based on the alleged or actual infringement or violation of any copyright, trademark, patent, invention, article, arrangement, or other apparatus that may be used in the performance of this Contract. SECTION 4. KITCHEN IMPROVEMENT Contractor agrees to invest an amount not to exceed Dollars ($ ) at the Facility over the term of the Contract for the design, construction and installation of the kitchen, according to the City's specifications attached to this Contract as Exhibit C, to be dedicated to the food and beverage, catering and concession services to be performed by Contractor hereunder and in order to complete the concession facilities in accordance with mutually agreed objectives. City shall not be responsible for contributing any dollar amounts to the installation, design and construction of the kitchen. In the event additional amounts are required to complete the food and beverage facilities, Contractor shall be solely responsible for such amounts. City and Contractor shall mutually agree in writing upon the specific equipment or improvements to be purchased or made with Contractor's investment, as well as the location for such improvements or installation of such equipment. All such improvements or equipment shall be owned by Contractor until payment of the costs of the kitchen have been recouped or the expiration of the term of the Contract (whichever is first). At such time, and Contractor agrees to execute such documents as City shall reasonably request evidencing City's ownership interest in such improvements and equipment, including financing statements. SECTION 5. OPERATING ACCOUNT. Contractor shall establish and maintain, in its name, a separate commercial operating bank account for the Facility and shall deposit all gross receipts in such account. Contractor shall pay all operating expenses from the 3 gross receipts deposited in the operating account. SECTION 6. REPORTING REQUIREMENTS A. Contractor agrees to maintain separate and independent books and records, in accordance with generally accepted accounting practices, relating to its operations in connection with its management of the food and beverage, catering and concessions services, as applicable. Such books and records shall contain documentation regarding the deposit of all gross receipts, and the incurrence by Contractor of all expenses, including copies of invoices of all products and materials purchased by Contractor hereunder, and copies of payroll summaries, tax returns, deposit receipts and bank statements relating to operating account.. City or its designee shall have the right to inspect such books and records from time to time upon reasonable notice during the ordinary business hours of Contractor. B. Contractor shall provide to City, within thirty (30) days after the end of each month during the Term, financial reports regarding its provision of food and beverage catering and concessions services, including a statement showing gross receipts and the operating expenses for the applicable period, and a month to date reconciliation report. Additionally, Contractor shall provide to City, within twenty four (24) hours following each event at the Facility, a daily gross receipts report in a form to be mutually agreed upon. C. City shall have the right, at its cost and option, to engage an independent third party to audit the books and records of Contractor, for the purpose of confirming that the amounts remitted by Contractor to City hereunder are the proper amounts due City. In the event such audit reveals any underpayment to City, Contractor shall promptly pay to City the amount of such deficiency. In the event such underpayment is more than two percent of the amount due, Contractor shall pay City's costs for the third party audit. SECTION 7. TERMINATION This Contract may be terminated (i) by either Contractor or City upon thirty (30) days written notice to the other, if the other party fails to perform or comply with any of the material terms, covenants, Contracts or conditions hereof, and such failure is not cured during such thirty (30) day period, (Ii) by either Contractor or City by written notice to the other upon the other being judged bankrupt or insolvent, or if any receiver or trustee of all or any part of the business property of the other shall be appointed and shall not be discharged within one hundred twenty (120) days after appointment, or if either such party shall make an assignment of its property for the benefit of creditors or shall file a voluntary petition in bankruptcy or insolvency, or shall apply for bankruptcy under the bankruptcy or insolvency laws now in force or hereinafter enacted, Federal, State or otherwise, or if such petition shall be filed against either party and shall not be dismissed within one hundred twenty (120) days after such filing. Upon any termination 4 of this Contract, each part y shall promptly pay the other all fees, if any, due such parties up to the date of termination for the operating year in which this Contract is terminated, computed on a pro-rata basis to the effective date of termination. SECTION 8. PERSONNEL A. Contractor shall employ, train and supervise personnel with appropriate qualifications and experience, in sufficient number to provide all the services appropriate for the duties of such party to be performed under this Contract. All such personnel shall be employees, agents or independent contractors of Contractor (or a subsidiary or affiliate thereof), as applicable, and not of City. Contractor shall select the number, function, qualifications, and compensation, including salary and benefits, of its employees and shall control the terms and conditions of employment relating to such employees. Contractor agrees to use its due diligence and to exercise reasonable and prudent judgment in the selection and supervision of such personnel, and shall use its best efforts to employ persons who are courteous and efficient, and who will not use improper language or act in a loud or boisterous manner while performing duties at the Facility. B. Contractor shall employ as part of its personnel at the Facility an individual with managerial experience to serve as a full-time general manager of Concession Services Hiring of the General Manager by Contractor shall require the prior approval of City, which approval shall not be unreasonably withheld or delayed. The General Manager will have general supervisory responsibility for Contractor at the Facility and will be responsible for day-to-day operations of the Concession Services, supervision of Contractor employees, and management and coordination of all activities associated with the sale of concessions at the Facility. C. Contractor shall ensure that its non-management employees performing the duties of Contractor at the Facility shall be neatly attired in clean, commercially attractive uniforms which shall be subject to the approval of City. Contractor shall train all such employees so that they are aware of the high standards for cleanliness, courtesy and service required by Contractor. D. All personnel engaged by Contractor to work at the Facility shall be admitted to the Facility without payment of any admission fee, at an entrance to be designated by City. All such personnel shall have the right to park at the Facility without charge in areas designated by City. SECTION 9 INVENTORY A. Contractor shall order, stock, prepare, pay for and sell quality food, beverage and other concession and catering products. Consumables shall be first quality, wholesome and pure, and all food and beverage merchandise on hand shall be stored and handled with due regard for sanitation. Contractor shall have 5 sufficient amounts of product prepared and an inventory on the premises so as not to run out of product during an event at the Facility. During all events at the Facility, Contractor shall post signs and provide menus displaying the prices of items offered for sale. Such signs and menus shall be subject to the reasonable approval of City. B. The brands and price of all products sold by Contractor shall be determined by Contractor, subject to the reasonable approval of City. Provided price, quality, market acceptability, service and other terms are generally competitive, Contractor agrees to give preference to and feature at the Facility suppliers of products designated by City who purchase advertising from City so long as the giving of such preference does not violate applicable laws, rules or regulations and the features of such product and terms of such transaction (including without limitation the cost of product) are reasonable, as determined by Contractor in its sole discretion. SECTION 10. MAINTENANCE A. Contractor shall keep all fixtures, equipment, furniture and other property installed, furnished or supplied by or for the benefit of Contractor in good order and repair and shall make all necessary repairs and improvements thereto and to the Concession Areas used in the provision of the Concession Services. B. Contractor will maintain the Concession Areas in a clean and neat condition by cleaning, on a day-to-day basis, the interiors of the concession areas and bars, concession stands and vending stations under its control at the Facility (and within a (5) feet perimeter of such stands and stations). Contractor shall further clean, as needed in the determination of City, the walls, windows, ceilings, light fixtures and equipment located within the Concession Areas. Contractor shall deposit in receptacles provided by City all waste, garbage and refuse which shall accumulate in the Concession Areas. Contractor shall also provide extermination services as may be necessary for the Concession Areas. C. Contractor shall comply with and observe all federal, state and local laws, ordinances and regulations as to sanitation and the purity of food and beverages or otherwise relating to its operations under this Contract. SECTION 11. LICENSES. PERMITS AND TAXES A. Contractor shall secure and maintain throughout the Term all licenses and permits necessary for the operation of the Concession Services, including those required for the sale of liquor, beer and wine at the Facility. City shall cooperate with Contractor in connection with filing applications for, and securing and maintaining in good standing, any and all licenses and permits and renewals thereof needed by Contractor to fulfill its obligations hereunder. B. Contractor agrees to strictly comply with the laws of the Commonwealth 6 of Virginia regarding the sale of alcoholic beverages to minors. Contractor agrees to adopt an identification policy to verify the age of potential purchasers of alcoholic beverages. Contractor further agrees it will not sell alcoholic beverages to customers who are visibly intoxicated. Contractor will institute and conduct training programs for Contractor employees at the Facility on the proper standards to use to avoid selling alcoholic beverages to customers who are or who appear to be intoxicated. C. Contractor shall collect and pay all taxes imposed upon the sale of concession items hereunder, as required by all applicable Federal, State or local laws, rules and ordinances. Contractor shall be responsible for and pay all social security, unemployment insurance, old age retirement and other federal and state taxes that are measured by the wages, salaries, or other remuneration paid to persons employed by Contractor. Contractor shall be responsible for paying all leasehold taxes that may be assessed by City under all applicable federal, state and/or local laws, rules and ordinances.. SECTION 12. INDEPENDENT CONTRACTOR. The relationship between Contractor and the City is a contractual relationship. It is not intended in any way to create a legal agency or employment relationship. Contractor shall, at all times, maintain its status as an independent contractor and both parties acknowledge that neither is an agent, partner or employee of the other for any purpose. Contractor shall be responsible for causing all required insurance, workers' compensation and unemployment insurance to be provided for all of its employees and subcontractors. Contractor will be responsible for all actions of any of its subcontractors, if any. SECTION 13. DEFAULT. If Contractor refuses or fails to perform any of the terms of this Contract, including poor services, (a default), the City may, by written notice to Contractor, terminate this Contract (or the separable part of this Contract). In addition to any right to terminate, the City may enforce any remedy available at law or in equity in connection with such default, and Contractor shall be liable for any damages to the City resulting from Contractor's default. SECTION 14. AUTHORIZED REPRESENTATIVES. Contractor shall appoint one of its key personnel as a representative who shall have the power and authority to work with the City and represent Contractor in all administrative matters so as to provide for the correction of problems and reduction of costs. All notices, requests demands and other communication shall be in writing and sent by overnight delivery, registered mail, certified mail or hand delivery, addressed to the party's principal place of business herein written. Either party may by notice in writing, 7 direct that future notices or requests, or demands be sent to a different address. Notices given by mail shall be deemed given upon deposit in the United States mail. Notices given by hand delivery shall be deemed given at the time of actual delivery. Notices given by overnight delivery shall be deemed given at the time of actual delivery. The Authorized Representative of each party are the following: Contractor At!: City City of Roanoke Attn: SECTION 15. INSURANCE REQUIREMENTS. Contractor and any of its subcontractors involved in this Contract shall maintain the insurance coverages set forth in Exhibit D to this Contract and provide the proof of such insurance coverage as called for in Exhibit D including workers' compensation coverage regardless of the number of Contractor's employees. Such insurance coverage shall be obtained at the Contractor's sole expense and maintained during the life of the Contract and shall be effective prior to the beginning of any work or other performance by the Contractor under this Contract. Additional insured endorsements, if required, must be received by the City within 30 days of the execution of this Contract or as otherwise required by the City's Risk Manager. SECTION 16. WARRANTY. Contractor hereby warrants that all items and work covered by this Contract shall conform to the specifications, drawing, samples, or other description furnished by the Contractor and shall be new, merchantable, of good material and workmanship, and free from any defects. Contractor also warrants good title to and freedom from any encumbrances for all items and warrants against any infringement. Contractor may not exclude any warranty. If this Contract is for services, Contractor warrants that the services shall be completed in a professional, good and workmanlike manner, with the degree of skill and care that is required by like Contractors in Virginia. Further, Contractor warrants that such services shall be completed in accordance with the applicable requirements of this Contract and shall be correct and appropriate for the purposes contemplated in this Contract. Such warranties are in addition to any of the Contractor's other guarantees or obligations under this Contract or that may arise by law. Contractor agrees that Contractor shall repair or replace, at Contractor's sole expense, and to the satisfaction of the City, any items, material, equipment, or part of the item that is found by the City to be defective or not in accordance with the terms of this Contract. 8 SECTION 17. PAYMENTS TO OTHERS BY CONTRACTOR. The Contractor agrees that Contractor will comply with the requirements of Section 2.2- 4354 of the Virginia Code regarding Contractor's payment to other entities and the Contractor will take one of the two actions permitted therein within 7 days after receipt of amounts paid to Contractor by the City. Contractor further agrees that the Contractor shall indemnify and hold the City harmless for any lawful claims resulting from the failure of the Contractor to make prompt payments to all persons supplying the Contractor equipment, labor, tools, or material in connection with the work provided for in the Contract. In the event of such claims, the City may, in the City's sole discretion, after providing written notice to the Contractor, withhold from any payment request or final payment the unpaid sum of money deemed sufficient to pay all appropriate claims and associated costs in connection with the Contract and make such payment, if the City determines it to be appropriate to do so. SECTION 18 SECURITY A Performance security and a Labor and Material Payment Security each in the amount of no less than seven hundred fifty ($750,000,00) shall be furnished by the Contractor, in accordance with Sections 15.1-2101 and 2.2-4337 and 2.2 -43338 of the Virginia Code (1950) as amended, on forms attached to this Contract as Exhibits C and D respectively, made payable to the City of Roanoke properly executed by the successful bidder as principal and a Corporate Surety authorized to transact business in the Commonwealth of Virginia. Attorneys-in-fact who execute the bonds must file with each bond a certified copy of their Power of Attorney. SECTION 19COOPERATION. Each party agrees to cooperate with the other in executing any documents or taking reasonable action necessary to carry out the intent and purpose of this Contract. SECTION 20. NONWAIVER A waiver or failure by either party to enforce or require performance of any term or condition of this Contract or the waiver of any particular breach of this Contract by either party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of this Contract by either party and does not bar the nonbreaching party from requiring the other party to comply with all the terms and conditions of this Contract and does not bar the nonbreaching party from asserting any and all rights and/or remedies it has or might have against the other party under this Contract or by law. 9 SECTION 21. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, Contractor submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Contract is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by such court according to the laws of the Commonwealth of Virginia. SECTION 22. SEVERABILITY If any provision of this Contract, or the application of any provision hereof to a particular entity or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall not be affected and all other terms and conditions of this Contract shall be valid and enforceable to the fullest extent permitted by law. SECTION 23. COMPLIANCE WITH LAWS AND REGULATIONS Contractor agrees to and will comply with all applicable federal, state, and local laws, ordinances, and regulations. specifically including, but not limited to, the Virginia Public Procurement Act, Section 2.2-4300 et. seq., of the Code of Virginia (1950) as amended, if Contractor subcontracts any work required in its performance of the Contract. SECTION 24. SUCCESSORS AND ASSIGNS. The terms, conditions, provisions, and undertakings of this Contract shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. SECTION 25. HEADINGS. The captions and headings in this Contract are for convenience and reference purposes only and shall not affect in any way the meaning and interpretation of this Contract. SECTION 26. COUNTERPART COPIES. This Contract may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. SECTION 27. AUTHORITY TO SIGN. The persons who have executed this Contract represent and warrant that they are duly authorized to execute this Contract on behalf of the party for whom they are signing. 10 Section 28. NOTICES. All notices required or permitted to be given pursuant to this Contract shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, overnight air courier services, to the address and individual set forth below. All such notices to either party shall be deemed to have been provided when delivered, if delivered personally, three (3) days after mailed, if sent by registered or certified mail, or the next business day, if sent by generally recognized, prepaid, overnight air courier services. If to City: If to Contractor: Attn: The designation of the individuals to be so notified and the addresses of such parties set forth above may be changed from time to time by written notice to the other party in the manner set forth above. SECTION 29. NONDISCRIMINATION CLAUSE. A. During the performance of this Contract, Contractor agrees as follows: i. Contractor 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 Contract. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ii. Contractor in all solicitations or advertisements for employees placed by or on behalf of Contractor will state that Contractor is an equal opportunity employer. iii. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. B. Contractor will include the provisions of the foregoing Section A (i, ii, and iii) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 11 SECTION 30. DRUG-FREE WORKPLACE. A. During the performance of this Contract, Contractor agrees to (i) provide a drug-free workplace for Contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the 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 Contractor that Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. B. For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. SECTION 31. FAITH BASED ORGANIZATIONS. Pursuant to Virainia Code Section 2.2-4343.1, be advised that the Citv does not discriminate aaainst faith-based oraanizations. SECTION 32. ASSIGNMENT. Successful Bidder may assign or transfer the Contract in whole or in part only with the prior written consent of the City, which consent shall not be unreasonably withheld. If consent to assign is given, no such assignment shall in any way release or relieve the Offeror from any of the covenants or undertakings contained in the Contract and the Offeror shall remain liable for the Contract during the entire term thereof. SECTION 33. CONTRACTUAL DISPUTES. Contractual claims, whether for money or for other relief, shall be submitted, in writing, no later than sixty (60) days after the earlier of the final payment or termination of the Contract or notice from the City to the Contractor that the City disputes the amount of Contractor's request for final payment. However, written notice of the Contractor's intention to file such claim must be given at the time of the occurrence or beginning of the work upon which the claim is based. Such notice is a condition precedent to the assertion of any such claim by the Contractor. A written decision upon any such claims will be made by the City Manager or the City Manager's designee (hereafter City Manager) within thirty (30) days after submittal of the claim and any practically available additional supporting evidence required by the City Manager. The Contractor may not institute legal action prior to receipt of the City's decision on the claim unless the City Manager fails to render such decision within 120 days from submittal of Contractor's 12 claim. The decision of the City Manager shall be final and conclusive unless the Contractor within six (6) months of the date of the final decision on a claim or from expiration of the 120 day time limit, whichever occurs first, initiates legal action as provided in Section 2.2 - 4364, of the Va. Code. Failure of the City to render a decision within said 120 days shall not result in the Contractor being awarded the relief claimed nor shall it result in any other relief or penalty. The sole result of the City's failure to render a decision within said 120 days shall be Contractor's right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2 - 4365 of the Va. Code has been established for contractual claims under this Contract. SECTION 34. CONTRACT SUBJECT TO APPROPRIATION OF FUNDS. This Contract is subject to the availability of funds and appropriation of such funds by City Council as may be necessary for this Contract. If such funds are not available and/or appropriated, the City may cancel the Contract without incurring any liability and/or damages of any type to the Contractor. Any such cancellation may be by a written notice from the City to the Contractor. SECTION 35. ETHICS IN PUBLIC CONTRACTING. The provisions, requirements, and prohibitions as contained in Sections 2.2-4367 through 2.2-4377, of the Va. Code, pertaining to bidders, offerors, contractors, and subcontractors are applicable to this Contract. SECTION 36. ENTIRE CONTRACT. This Contract constitutes the complete understanding between the parties. This Contract may be modified only by written Contract properly executed by the parties. IN WITNESS WHEREOF, the parties hereto have affixed their hand and seals. ATTEST: CONTRACTOR Printed Name and Title Printed Name and Title (SEAL) 13 ATTEST: City Clerk Approved as to form: City Attorney Approved as to Execution: City Attorney CITY OF ROANOKE, VIRGINIA By City Manager Appropriation and Funds Required for this Contract Certified: Director of Finance Account # 14 EXHIBIT A SCOPE OF SERVICES To be provided by Bidder. 15 EXHIBIT B LEASE AGREEMENT This Lease Agreement given by the City of Roanoke to ("Contractor") as part of the above mentioned Contract dated between the City and the Contractor in order to allow the Contractor to provide Food, Beverage, Catering and Concessions Services at the Roanoke Civic Center( "Facility") is subject to the terms and conditions of such Contract and the provisions set forth below. Contractor specifically agrees to the provisions set forth herein. The following are the terms and conditions of this Lease. 1. Lease and License The City hereby leases to Contractor and Contractor Leases from City that part of the Facility that the City has designated as the "Leased Area." (See attached drawing marked as Attachment A, which shows the Leased Area.) Contractor is further licensed to use the additional areas as shown on the attached Exhibit A. 2. Term of Lease. The term of this Lease shall run concurrently with the term of the above mentioned Contract between the parties. If such Contract expires or is terminated, then this Lease shall automatically terminate without any further notice. 3. Use of Leased Area. Contractor shall use the Leased Area only for the purpose of the Work described in the above Contract. 4. Condition of Leased Area. Contractor acknowledges that the Leased Area is being delivered to Contractor in an AS IS condition and that Contractor is solely responsible for having examined and investigated such Leased Area to be sure the Leased Area is suitable for the purposes that Contractor intends to use the Leased Area for the Work. Contractor will be solely responsible for making all such improvements necessary to use the Leased Area for such purposes during the entire term of this Lease. 5. Improvements to Leased Area. Contractor agrees that prior to Contractor doing any work in the Leased Area or any other improvements that Contractor places in the Leased Area, Contractor 16 will submit plans and drawings or a description of any such items to the City Director of General Services and any other required City official for review and approval and will not proceed with any such actions until such prior review and written approval has been obtained. 6. Compliance with Laws. Contractor agrees to comply with all applicable city, state, and federal laws, ordinances, regulations, statutes, and codes, including all. relevant zoning, building, environmental, and safety codes, in connection with any construction, maintenance, improvements, and/or operation of the Contractor's Parts Operation activities in the Leased Area. 7. Maintenance of and Failure to Maintain Leased Area. Contractor shall be solely and fully responsible for setting up, maintaining, cleaning, operating, providing security, and otherwise being in charge of the Leased Area. However, should Contractor fail to properly and timely maintain the Leased Area and/or provide any of the other items as required by this Lease and/or the above-mentioned Contract, the City may provide for such maintenance and/or items and will be entitled to recover all of City's reasonable costs and expenses, including attorney's fees, from Contractor and Contractor agrees to pay all such monies to City within ten (10) days after demand for such from the City. 8. Utilities. Contractor shall pay the charges for all the utility services in the Leased Area. 9. Return of Leased Area. Contractor agrees that upon the expiration and/or termination of this Lease, or any extensions thereof, that Contractor will return the Leased Area to the City in as good a condition as it was at the start of the Lease, ordinary wear excepted, and that all permanent improvements to the Leased Area by the Contractor will become the property of the City upon any such termination or expiration of this Lease. However, Contractor may remove, at Contractor's sole expense, any of Contractor's temporary or personal property not permanently affixed to the Leased Area provided it will not cause any damage to the Leased Area and Contractor will repair, to the satisfaction of the City, any damages to the Leased Area caused by any removal of such items. 10. Security. Contractor agrees to be responsible for provision of security for the Leased Area. This includes such measures as may be needed. 17 11. No Damaae to Leased Area. , Contractor agrees not to and shall not commit or permit any act which results in any wasting or damage to the Leased Area. Should any such waste or damage occur, the Contractor will repair and/or replace all damaged items or areas to the satisfaction of the City, or, at the City's option, pay the City the reasonable cost of the City having such work performed. 12. Responsibility for Leased Area. Contractor agrees that Contractor shall be responsible for any and all damages to the Leased Area due to Contractor's use and/or for any and all other claims arising from such use and/or Contractor's actions or omissions, including, but not limited to, any damages to vehicles, any loss of personal property, any personal injuries, and any other injuries or damages of any type. 13. Protection of Leased Area. Contractor agrees that if Contractor breaches any of the provisions of this Lease, the City may take any actions necessary to protect and/or maintain the Leased Area and that Contractor will pay the City all damages, costs, and expenses, including attorney's fees, incurred by the City for such actions. 14. Risk of Loss. Notwithstanding anything herein to the contrary, Contractor shall bear the risk of any loss of or damage to the Leased Area and/or any goods and items in the Leased Area during the term of this Lease. Also, notwithstanding anything herein to the contrary, City shall not be liable for any direct, consequential, incidental, or any other damages incurred by Contractor due to any malfunction, vandalism, acts of God (including, without limitation, lightning, wind, rain, flood, hail, fire or storms) lack of electricity, lack of air conditioning, lack of heat, or any other damages resulting from any reason whatever to the Leased Area or arising out of or resulting from any use of the Leased Area by the Contractor. 17. Entry on the Property by the City. The City shall have the right to enter the Leased Area for the purpose of inspection at any reasonable time or times during the term of this Lease, provided however, that such inspections shall not unreasonably interfere with the Contractor's use and occupancy of the Leased Area. 18. City's Limitation of Liability. The City shall not be responsible for any defect or change in the condition of the Lease Area or for any resulting damage or injury to any person or property 18 occurring in the Leased Area or for any damages or loss of any of the parts or other items in the Leased Area. 19. Environmental. A. Contractor represents, warrants and agrees that: (a) Contractor shall permit no installation or placement of Hazardous Material in the Leased Area in violation of Environmental Laws; (b) Contractor shall permit no release of Hazardous Material onto or from the Leased Area; (c) Contractor shall cause the Leased Area to comply with Environmental Laws and be free and clear of any liens imposed pursuant to Environmental Laws; (d) all Leases, permits and other governmental or regulatory actions necessary for the, Leased Area to comply with Environmental Laws (the "Permits") shall be obtained and maintained by Contractor and Contractor shall assure compliance therewith; and (e) Contractor shall give City prompt written notice if Contractor receives any notice with regard to Hazardous Material on, from or affecting the Leased Area and shall conduct and complete all investigations and all cleanup actions necessary to remove, in accordance with Environmental Laws, such Hazardous Material from the Leased Area. B. City shall have the right at any time during the term of this Lease, whether before or after default, to conduct or cause to be conducted an environmental inspection or audit of the Leased Area by itself or by a qualified environmental consultant or engineer selected by the City; and Contractor hereby grants to City and its employees, agents, and independent contractors (hereinafter collectively called "City and its Representatives"), the right to enter the Leased Area upon reasonable notice for the purpose of conducting, whether before or after default, any inspection, audit or tests, making soil borings, extracting samples, installing monitoring wells, and conducting such other procedures as City and/or its Representatives deem necessary or desirable in connection with such inspection or audit. At any time during the term of this Lease, provided City has a reasonable basis for doing so, City may require Contractor to cause to be performed, at the expense of Contractor, for the benefit of Contractor and City, an inspection or audit of the Leased Area by an environmental consultant or engineer approved by the City, and Contractor shall furnish to City, at no cost to City, the written inspection or audit report certifying as to the presence or absence of Hazardous Material on, at, or under the Leased Area. All inspection reports may be submitted to governmental entities or agencies as requested or as may be required by law or regulations. C. Contractor shall indemnify and hold harmless City, its offices, employees, and agents from and against all losses, expenses (including, without limitation, attorneys' fees) and claims of every kind suffered by or asserted against the City as a direct or indirect result of (1) the presence on or 19 release from the Leased Area of any Hazardous Material, whether or not caused by Contractor, (ii) the violation of Environmental Laws applicable to the Leased Area , whether or not caused by Contractor, (iii) the requirement to conduct any remediation of Hazardous Materials from the Leased Area, (iv) the failure by Contractor to comply fully with the terms and provisions of this section, or (v) any warranty or representation made by Contractor in this section being false or untrue in any material respect. The indemnity and hold harmless obligation of Contractor to City under this paragraph includes losses, expenses, (including, without limitation, attorneys' fees) and claims caused by the action or inaction of the Contractor, its agents, employees, invitees and others permitted by Contractor on the Leased Area or near the Leased Area. D. "Hazardous Material" means polychlorinated biphenyls, petroleum, flammable explosives, radioactive materials, asbestos and any hazardous, toxic or dangerous waste, substance or material defined as such in (or for purposes of) Environmental Laws or listed as such by the Environmental Protection Agency. "Environmental Laws" means any current or future federal, state or local law, regulation or ruling applicable to environmental conditions on, under or about the Leased Area including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Toxic Substances Control Act, the Clean Water Act and the Chesapeake Bay Preservation Act. Contractor's obligations under this section shall survive the expiration or termination of this Lease. 20. SiQns. Contractor shall have no right to install or erect in the Leased Area any signs, antennas or other equipment or device without the prior written consent of City, which consent shall not be unreasonably withheld. 21. RiQhts Cumulative. All rights, powers, and privileges conferred hereunder upon the City to enforce this Lease shall be cumulative, and are in addition to and not restrictive to those given by law. 22. Lease Part of Contract. This Lease is a part of the above mentioned Contract between the parties and is also subject to the terms and conditions of such Contract. 20 21 EXHIBIT D INSURANCE. Contractor and its subcontractors involved in this Contract shall maintain the following insurance coverages with a quality company, written on an occurrence basis, issued by a company licensed to transact business in this State, during the life of this Contract, and shall furnish the City with certificates of insurance which shall also include insurance deductibles, if applicable. The certificates shall name the City and its officers, agents and employees and the Roanoke City Civic Center Commission as additional insureds, providing coverage against any and all claims and demands made by a person or persons whomsoever for property damages or bodily or personal injury (including death) incurred in connection with the services to be provided under this Contract with respect to the Commercial General Liability coverage and the Automobile Liability coverage. With respect to the Workers' Compensation coverage, Contractor's insurance company shall waive rights of subrogation against the City and its officers, agents and employees. A. Commercial General Liability: $ One Million $Two Million General Aggregate Limit (other than Products/Completed Ope rations). $ One Million Products/Completed Operations Aggregate Limit. $ One Million Personal Injury Liability (including liability for slander, libel, and defamation of character). $ One Million each occurrence limit (including liability for Contractual, and Owners and Contractors Protective). B. Automobile Liability: $ One Million combined single limit with applicable endorsement to cover waste cargo. c. Workers' Compensation and Employer's Liability: Workers' Compensation: statutory coverage for Virginia Employer's Liability: $100,000.00 Bodily Injury by Accident each occurrence $500,000.00 Bodily Injury by Disease Policy Limit. $100,000.00 Bodily Injury by Disease each employee. D. The above limit amounts may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $ Five Million. 22 t'xh:b..r F CITY OF ROANOKE. VIRGINIA CONTRACTOR'S LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Insert full name or legal title and address of Contractor) as Principal, (hereinafter referred to as "Contractor"), and (Insert full name or legal title and address of Surety) Telephone: Fax: as Surety (hereinafter referred to as "Surety"), are held and firmly bound unto the City of Roanoke, Virginia, a municipal corporation, 215 Church Avenue, S.W., Noel C. Taylor Municipal Building, Room 350, Roanoke, Virginia 24011, as Obligee (hereinafter referred to as "City" or "Owner"), for the use and benefit of Claimants as herein below defined, in the amount of Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents to the terms of this bond. WHEREAS, Contractor has entered into a Contract with the City dated 20_, incorporating certain specifications and drawings prepared by: (Insert full name or legal title and address) (which Contract, specifications, drawings, and other Contract Documents are hereinafter referred to collectively as the "Contract") for providing a fully functional and properly operating project, namely which Contract is expressly incorporated herein by reference and made a part of this bond. Project: Contractor's Labor and Material Payment Bond Rev. 5/1/2005 Page 1 of 3 \ i NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Contractor shall promptly make payment to all Claimants, as hereinafter defined, for all material furnished or labor supplied or performed in the prosecution of the work provided for in the Contract, then this obligation shall be void; otherwise this Labor and Material Payrnent Bond shall remain in full force and effect and is subject to the following conditions: Project: a. Any alteration which may be made in the terms of the Contract, including, without limitation, the amount to be paid or the work to be done under it, or the giving by the City of any extension of time for the performance of the Contract or any other forbearance of any nature whatsoever on the part of either the City or the Contractor to the other shall not in any way release the Contractor and the Surety, or either of them, their heirs, executors, administrators, successors, or assigns from their liability hereunder, and notice of such alteration, extension, or forbearance is hereby expressly waived by Surety. b. A Claimant is defined as one who has and fulfills a contract to supply labor or materials, or both, to the Contractor or to any of the Contractor's subcontractors, in the prosecution of work provided for in the Contract, labor and material being construed to include, without limitation, public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the site, or who may otherwise be allowed by law to file a claim against the Contractor andlor Surety. The Contractor and Surety hereby jointly and severally agree with City that every Claimant, as defined in paragraph b, who has performed labor or furnished material in accordance with the Contract in the prosecution of the work provided for in the Contract and who has not been paid in full therefore before the expiration of ninety (90) days after the day on which such Claimant performed the last such labor or furnished the last of such materials for which Claimant claims payment, or as may otherwise be allowed by law, may bring an action on this payment bond to recover any amount due Claimant for such labor or material, and may prosecute such action to final judgment and have execution on the judgment. The Contractor and Surety expressly agree that City shall not be liable for the payment of any judgment, costs, or expenses resulting from any such suit and that neither Contractor nor Surety shall cause City to be named as a party in any such suit. The Contractor and Surety hereby jointly and severally agree with City that every Claimant, as defined in paragraph b, who has direct contractual relationship with any subcontractor from whom the Contractor has not required a subcontractor payment bond but who has no contractual relationship, express or implied, with such Contractor, may bring an action on this bond only if the Claimant has given written notice to the Contractor within one hundred eighty (180) days from the day on which the Claimant performed the last of the labor or furnished the last of the materials for which payment is claimed, stating with substantial accuracy the amount claimed and the name of the person for whom the work was performed or to whom the material was furnished, or as may otherwise be allowed by law. The Contractor and Surety expressly agree that City shall not be liable for the payment of any judgment, costs, or expenses resulting from any such suit and that neither Contractor nor Surety shall cause City to be named as a party in any such suit. c. d. Contractor's Labor and Material Payment Bond Rev. 5/1/2005 Page 2 of 3 e. The Surety hereby submits itself to a court of competent jurisdiction in Roanoke, Virginia, and agrees that any suit or action hereunder by any Claimant shall be brought only in a Virginia court of competent jurisdiction in and for the City of Roanoke, or in the United States District Court for the Western District of Virginia, Roanoke Division, and not elsewhere. f. Any suit or action hereunder shall be brought within one year after the day on which the person bringing such action last performed labor or last furnished or supplied materials. g. The provisions of this bond shall be governed by and interpreted to be consistent with the laws of the Commonwealth of Virginia. SIGNED AND SEALED this _ day of ,20 , in the presence of: CONTRACTOR WITNESS: By: (Seal) (Type Name and Tille) SURETY WITNESS: By: (Seal) Attorney-In-Fact (Type Name and Title) (Attorneys-in-fact affix seal and attach current original or certified copy of power of attorney.) Project: Contractor's Labor and Material Payment Bond Rev. 5/1/2005 Page 3 of 3 E. Employee Dishonest Coverage F. Proof of Insurance Coverage: 1. Contractor shall furnish the City of Roanoke with the required certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. 2. The required certificates of insurance shall contain substantially the following statement: Should any of the above described policies be cancelled before the expiration date thereof the issuing company shall mail 30 days written notice to City of Roanoke, Risk Manager, 215 Church Avenue, SW., Room 506, Roanoke, VA 24011. The telephone number is (540) 853-1856. 23 -- t.x.\';b.t- r CITY OF ROANOKE. VIRGINIA CONTRACTOR'S PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Insert full name or legal title and address of Contractor) as Principal, (hereinafter referred to as "Contractor"), and (Insert full name or legal title and address of Surety) Telephone: Fax: as Surety (hereinafter referred to as "Surety"), are held and firmly bound unto the City of Roanoke, Virginia, a municipal corporation, 215 Church Avenue, S.W., Noel C. Taylor Municipal Building, Room 350, Roanoke, Virginia 24011, as Obligee (hereinafter referred to as "City" or "Owner"), in the amount of Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents to the terms of this bond. WHEREAS, Contractor has entered into a Contract with the City dated 20_, incorporating certain specifications and drawings prepared by: (Insert full name or legal title and address) (which Contract, specifications, drawings, and other Contract Documents are hereinafter referred to collectively as the "Contract") for a fully functional and properly operating project, namely which Contract is expressly incorporated herein by reference and made a part of this bond. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Contractor shall promptly and faithfully perform the Contract, in strict conformity with each and every requirement of the Contract, then this obligation shall be null and void; otherwise, this Performance Bond shall remain in full force and effect and is subject to the fOllowing conditions: Project: Contractor's Performance Bond Rev. 5/1/2005 Page 1 of 2 a. Any alteration which may be made in the terms of the Contract, including, without limitation, the amount to be paid'or the work to be done under it, or the giving by the City of any extension of time for the performance of the Contract or any other forbearance of any nature whatsoever on the part of either the City or the Contractor to the other shall not in any way release the Contractor and the Surety, or either of them, their heirs, executors, administrators, successors, or assigns from their liability hereunder, and notice of such alteration, extension, or forbearance is hereby expressly waived by Surety. b. IT IS NOT INTENDED BY ANY OF THE PROVISIONS OF ANY PART OF THIS BOND TO CONFER A BENEFIT UPON ANY OTHER PERSON OR ENTITY NOT A PARTY TO THIS PERFORMANCE BOND OR TO AUTHORIZE ANY PERSON OR ENTITY NOT A PARTY TO THIS BOND TO MAINTAIN A SUIT PURSUANT TO THE TERMS OR PROVISIONS OF THIS BOND OTHER THAN THE CITY OR ITS SUCCESSORS OR ASSIGNS. c. The Surety hereby submits itself to a court of competent jurisdiction in Roanoke, Virginia, and agrees that any suit or action hereunder shall be brought only in a Virginia court of competent jurisdiction in the City of Roanoke or in the United States District Court for the Western District of Virginia, Roanoke Division, and not elsewhere, d. Any suit under this bond must be instituted within one (1) year after (i) completion of the Contract, including the expiration of all warranties and guarantees, or (ii) discovery of the defect or breach of warranty, if the action be for such, in all other cases. e. The provisions of this bond shall be governed by and interpreted to be consistent with the laws of the Commonwealth of Virginia. SIGNED AND SEALED this _ day of ,20 , in the presence of: WITNESS: CONTRACTOR By: (Seal) (Type Name and Title) WITNESS: SURETY By: (Seal) Attorney-in-Fact (Type Name and Title) (Attorneys-in-fact affix seal and attach original or certified copy of current power of attorney.) Project: Contractor's Performance Bond Rev. 5/1/2005 Page 2 of 2 F/j,'h,~rf ~ CITY OF ROANOKE, VIRGINIA INFORMATION FOR PROSPECTIVE BIDDERS FOOD AND BEVERAGE, CATERING AND CONCESSIONS FRANCHISE CLOSING DATE AND TIME: MAY 7, 2007, 12:00 NOON OPENING DATE AND TIME: MAY 7, 2007, 2:00 P.M. Food & Beverage RFP Roanoke Civic Facilities 1 TABLE OF CONTENTS Food and Beverage, Catering and Concessions Services for the Department of Civic Facilities INTRODUCTION............................................................................................................ 5 SECTION 1. PURPOSE. ................................................................................................ 7 SECTION 2. BACKGROUND. ........................................................................................7 SECTION 3. INSTRUCTIONS TO OFFERORS. ............................................................8 SECTION 4. MiSCELLANEOUS................................................................................... 11 SECTION 5. PROTESTS.............................................................................................. .12 SECTION 6. SERVICES/ITEMS REQUIRED ................................................................12 SECTION 7. EXCLUSIVE RIGHTS. ............................................................................. 14 SECTION 8. EQUIPMENT AND MAINTENANCE. ....................................................... 15 SECTION 9. QUALITY OF SERVICE. .......................................................................... 16 SECTION 10. OPERATING CONDITIONS .................................................................. 17 SECTION 11. TYPES OF EVENTS................................................................. ..19 SECTION 12. TYPES OF SERVICE..................................................................20 SECTION 13. CLEANING AND MAINTENANCE..................................................22 SECTION 14. PRICES AND QUALITY OF MERCHANDISE...................................24 SECTION 15. ALCOHOLIC BEVERAGES........................................................ ..24 SECTION 16. OBSERVANCE OF LAWS, RULES, AND REGULATIONS................. .25 SECTION 17. PERMITS, LICENSES, AND TAXES..............................................25 SECTION 18. PERFORMANCE BOND.............................................................25 SECTION 19. INSURANCE......................................................................... ...25 Food & Beverage RFP Roanoke Civic Facilities 3 SECTION 20. EVALUATION CRITERIA............................................................26 SECTION 21. SELECTION PROCESS........................................................... ..26 SECTION 22. INFORMATION ON CONTRACT TO BE AWARDED........................27 April, 2006 Rev 4 Food and Beverage, Catering and Concession Services Department of Civic Facilities INTRODUCTION The City of Roanoke, Virginia, is seeking competitive bids from qualified Offerors to provide catering and concessions and food services for the Department of Civic Facilities in accordance with all terms, conditions and specifications contained herein. The Offeror shall have experience in operating similar catered food and drink services in a major place of public assembly; such as an arena, performing arts facility or convention center which has multi-purpose facilities including exhibition halls, and various sized meeting rooms citing the number of years and the locations at which such operations were conducted. The Offeror shall have conducted a first class restaurant, bar and/or cafeteria involving the purchase, preparation, and serving of food and drink to the public for at least three thousand (3,000) persons in one day or an overage of two thousand (2,000) meals per day for five (5) consecutive days. Within ten (10) days of receipt of notice of the City's intent to award, the Contractor shall furnish, at its own expense, a performance bond issued by a surety authorized to do business in the Commonwealth of Virginia which is payable to the City in the amount of award, and is conditioned upon the good and faithful performance of the Agreement in strict conformity to the pertinent plans, specifications, and conditions. Bids, to be considered and evaluated, must be sealed and received on or before 12:00 p.m. on Monday, May 7, 2007, in the Citv Clerk's Office, City of Roanoke, Noel C. Tavlor Municipal Buildina, 215 Church Ave., SW, Room 454, Roanoke. VA 24011. Bids appropriately received will be opened at 2:00 PM on May 7, 2007. Bids received after 12:00 p.m. will not be accepted or considered. Each Bid, one (1) original and five (5) copies, must be appropriately signed by an authorized representative of the Offeror, and must be submitted in a sealed envelope or package. The notation "Food and Beverage, Catering and Concession Services, and the specified opening time and date must be clearly marked on the front of that sealed envelope or package. The City of Roanoke, Virginia, and its officers, employees or agents will not be responsible for the opening of a Bid envelope or package prior to the scheduled opening if that envelope or package is not appropriately sealed and marked as specified. The City of Roanoke, Virginia reserves the right to cancel and/or reject any or all bids, to waive informalities in any bid, to award any whole or part of a Bid, and to award to the Offeror whose bid is, at the sole discretion of the City of Roanoke, determined to be in the best interest of the City. Project evaluation and award will be accomplished in accordance with this bid and Sections 23.2-1, et sea., of the Code of the City of Roanoke, Virginia, including the price or value of the benefits offered the City in the Bid. If an award of a contract is made, notification of April, 2006 Rev 5 such award will be posted for public review in the lobby on the second floor of the Noel C. Taylor Municipal Building, 215 Church Ave., SW, Roanoke, VA 24011. No bid may be withdrawn for a period of sixty (60) days after the opening of the Bid unless the Bid is the subject of a clerical error as defined in Section 2.2-4330 (A) of the Code of Virginia. The submitter of the bid must give the City a notice of the request to withdraw within two (2) business days after the conclusion of the opening of the Bids, as set forth in Section 2.2-4330 (A) (i). Inquires regarding the Notice for Bids shall be directed by email to Wilhemina Boyd, Director of Civic Facilites at wilhemina.bovd@roanokveva.aov with copy to Sharon T. Gentry, Purchasing Manager at sharon.aentrv@roanokeva.aov. Inquires for information regarding procurement procedures and/or Bid submission shall be directed to Sharon Gentry, Purchasing Manager at (540) 853-2871. Respectfully, Sharon T. Gentry C.P.M., VCO, CPPB Purchasing Manager Date: April 25, 2007 April, 2006 Rev 6 City of Roanoke, Virginia Food and Beverage Services for Department of Civic Services SECTION 1. PURPOSE. The purpose of the Notice for Bids to which this document references is the procurement of food and beverage, catering and concessions services for the City of Roanoke's Civic Facilities. The new kitchen, which is part of the Roanoke Civic Center Phase II Renovation and Expansion project, will require build-out and equipment to service catered events. The City of Roanoke invites any qualified Offeror to respond by submitting a Bid for food and beverage services consistent with the terms and conditions herein set forth. Final scope of services will be negotiated with the successful Offeror. SECTION 2. BACKGROUND. The Roanoke Civic Facilities are comprised of the Coliseum, a 10,000 capacity public assembly facility; 14,000 square feet of Exhibition Hall space; and the Roanoke Performina Arts Theatre, a 2,148-seat performing arts venue and the new 46,000 square foot Exhibit Hall with an adjacent 4,500 square foot kitchen. The Roanoke Civic Facilities provide a number of meetings, conventions, trade shows, consumer shows, commercial exhibitions, sporting events, family shows, concerts, civic events, receptions, pre-show buffets, and performing arts events. Continuous efforts will be made to expand the use of the facilities for catered events. The following information is provided to assist in preparation of Bids for catered food and beverage services for the Department of Civic Facilities. 1. Total gross catering and concessions sales for FY 2005-2006: $309,405 2. Net catering and concessions profit in the years 2003-2006. See Attachment A. 3. In addition, Encore Grille is our signature service for Broadway Buffet and Supper with the Symphony. There is not a current requirement for full time operation of Encore Grille. The City, however, is interested in maximizing use of catering and concessions services. 4. Attendance figures for 2003-2006: See Attachment B. 5. Listing of 2005 events: See Attachment C. 6. Catering and concessions menu: See Attachment D. April, 2006 Rev 7 7. Existing liquor license is nontransferable. 8. Outside caterers have been utilized for approximately 2 total events per year during the past three years (primarily backstage catering and concessions.) 9. The amount of performance bond and labor bond is $750,000. 10. A check in the full amount based on the previous month's gross receipts shall accompany monthly sales statements and is due by the 15th day of the following month. 11. Existing smallwares and office equipment are owned by the City of Roanoke. The existing safe and money counter(s) are the property of the City and will be available for use by the Contractor. 12. All food and beverage service is currently managed by full-time city employees. Part-time and temporary employees are scheduled according to events or special projects. 13. The City does not anticipate entering into an agreement to buy back equipment provided by the Contractor. 14. The City will provide tables and chairs for major banquets or other large events as well as labor for the set-up and tear down. The Contractor shall be responsible for all set-ups, tear down and cleaning of equipment. 15. The City of Roanoke currently owns and operates all Food and Beverage service and equipment. SECTION 3. INSTRUCTIONS TO OFFERORS. A. Bids must be submitted in accordance with the instructions and requirements contained herein including the Introduction. Failure to do so may result in the Bid being considered non-responsive and it may be rejected. An Offeror must promptly notify the Purchasing Division of any ambiguity, inconsistency, or error which may be discovered upon examination of the Notice for Bids. An Offeror requiring clarification or interpretation should contact the Purchasing Manager at (540) 853-2871. B. Prospective Offerors, sometimes referred to as contractors, are to address the criteria below at a minimum as part of their submitted bid. Each bid should include a transmittal letter and management overview of the Bid. Bids are to include and may be evaluated on the following factors, together with such other factors as will protect and preserve the interests of the City of Roanoke, which may also be considered. 1 . Organizational structure of firm and qualifications of management personnel. April, 2006 Rev 8 Prospective Offerors should submit at a minimum the length of time in the business, corporate experience, strengths in the industry, business philosophy, and a description of the organizational structure of the firm; a description of the organizational structure for the management and operation of the services requested and/or provision of the items referred to in this RFP, including an organizational chart denoting all positions and the number of personnel in each position. 2. Financial condition of the firm and ability to perform all obligations of any resultant contract. A current financial statement (less than one (1) year after the close of the accounting period). The financial statement is to be certified by a certified public accountant. In addition, the offeror must submit financial statements for each of the three years preceding the most current statement. a) Descriptions of the firm and such other material that may be used in determining the operating experience and reputation for quality and cooperation of the offeror and ability to begin operations as noted. b) Resume of proposed site manager. c) Proposed labor schedules and manning charts of the resident management and staff. d) An organization chart for proposed operation to include a manual of operational procedures proposed for the Center's catering and concessions program. e) A business and operating plan that includes proposed sales, marketing and promotional programs for the term of the agreement. The program will be aimed at generating food and beverage business for the Center by way of banquets, food functions, receptions, etc. f) A plan showing what special promotional ideas they would initiate and support such as "City Employee Holiday Luncheon" or Kiwanis Pancake Breakfast" that typically provide low cost or discounted food and beverage. g) A plan that outlines a more creative use of the Civic Center Plaza area special events, etc. 3. Each Offeror shall state whether or not any of Offeror's owners, officers, employees, or agents, or their immediate family members, is currently, or has been in the past year, an employee of the City of Roanoke or has any responsibility or authority with the City that might affect the procurement transaction or any claim resulting therefrom. If so, please state the complete name and address of each such person and their connection to the City of April, 2006 Rev 9 Roanoke. Each Offeror is advised that the Ethics in Public Contracting and Conflict of Interests Act of the Virginia Code, as set forth in Section 4 of this, apply. 4. Experience in providing the services and/or items requested by the Notice of Bid. Provide Data: (a) offeror has experience in operating similar catered food and drink services in a major place of public assembly; such as an arena, performing arts facility or convention center which has multi-purpose facilities including exhibition halls, and various sized meeting rooms citing the number of years and the locations at which such operations were conducted; (b) offeror has conducted a first-class restaurant, bar and/or cafeteria involving the purchase, preparation, and serving of food and drink to the public on a mass basis; (c) offeror has experience in serving food to at least three thousand (3,000) persons in one day or an average of two thousand (2,000) meals per day for five consecutive days, stating location of operation(s) and number of years operated; or (d) offeror has an equivalent combination of experience requirements, giving full information thereof. 5. Revenue Payments. Prospective Offerors must submit estimated revenue such Offeror proposes to make to the City for providing the required services and/or items, including all fees and costs and how they are calculated. 6. The ability, capacity, and skill of the Offeror to provide the services and/or items described in this RFP and in a prompt and timely manner without delay or interference. 7. The character, integrity, reputation, judgment, experience, efficiency and effectiveness of the Offeror. 8. The quality and timeliness of performance of previous contracts or services of the nature described in the Notice for Bids. 9. Compliance by the Offeror with laws and ordinances regarding prior contracts, purchases, or services. 10. The conditions, if any, of the Bid. 11. Marketing and effectiveness of the firm. Prospective Offerors should submit, at a minimUm, a description of the marketing approach and promotions they intend to pursue to maximize revenues generated from the services or items requested herein. Provide examples of any promotions or promotional materials. 12. Revenue Control. Prospective Offerors will explain the method of controlling, securing and maximizing revenues at the locations described herein. April, 2006 Rev 10 C. Each Offeror shall provide the names, addresses, and telephone numbers of at least three (3) references in connection with supplying the services or items requested herein, especially from other local government operations similar to those being requested by the City. Each reference should include organizational name, official address, contact person, title of contract, and any hardware or software elements in use, number of years in use and phone number. D. The Bid should be no more than 50 sheets (printing on back and front is acceptable) in length. Also include any other materials you may want to submit as part of your Bid response. E. Responses shall include all the requested information. F. The City may request additional information, clarification, or presentations from any of the Offerors after review of the Bids received. G. The City has the right to use any or all ideas presented in reply to this RFP, subject only to the limitations regarding proprietary/confidential data of Offeror. H. The City is not liable for any costs incurred by any Offeror in connection with this Notice for Bids or any response by any Offeror. The expenses incurred by Offeror in the preparation, submission, and presentation of the Bid are the sole responsibility of the Offeror and may not be charged to the City. I. Only the City will make news releases pertaining to the proposed award of a Contract. SECTION 4. MISCELLANEOUS. A. Ownership of Material - Ownership of all data, materials, and documentation originated and prepared for the City pursuant to the request for bids shall belong exclusively to the City and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by the Offeror shall not be subject to public disclosure under the Freedom of Information Act, unless otherwise required by law or a court. However, the Offeror must invoke the protection of Section 2.2-4342(F) of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must SPECIFICALLY identify the data or materials to be protected and state the reason why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire Bid document, line item prices, and/or total Bid prices as proprietary, or trade secrets, is NOT ACCEPTABLE and may result in REJECTION of the Bid. B. As this is a Notice for Bids, no information regarding the Bid records or the contents of responses will be released except in accordance with Section 2.2-4342 of the Code of Virginia. Once an award has been made, all Bids will be open to public inspection subject to the provisions set forth above. C. Any interpretation, correction, or change of the Notice for Bids will be made by an addendum. Interpretations, corrections or changes of the Notice for Bids made in April, 2006 Rev 11 any other manner will not be binding and Offerors must not rely upon such interpretations, corrections, or changes. D. No Offeror shall confer on any public employee having official responsibility for a purchasing transaction any payment, loan, subscription, advance, deposit or money, service, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged. E. The City may make investigations to determine the ability of the Offeror to perform or supply the services and/or items as described herein. The City reserves the right to reject any Bid if the Offeror fails to satisfy the City that it is qualified to carry out the obligations of the proposed contract. F. The successful Offeror must comply with the nondiscrimination provisions of Virginia Code Section 2.2-4311, which are incorporated herein by reference. G. The successful Offeror must comply with the drug-free workplace provisions of Virginia Code Section 2.2-4312, which are incorporated herein by reference. H. It is the policy of the City of Roanoke to maximize participation by minority and women owned business enterprises in all aspects of City contracting opportunities. I. The successful Offeror shall comply with all applicable City, State, and Federal laws, codes, provisions, and regulations. J. Providers of any outside services shall be subject to the same conditions and requirements as the successful Offeror in regards to law, code, or regulation compliance. The City reserves the right of approval for any subcontract work, including costs thereof. K. Ethics in Public Contracting. The provisions, requirements, and prohibitions as contained in Sections 2.2-4367 through 2.2-4377, of the Virginia Code, pertaining to bidders, offerors, contractors, and subcontractors are applicable to the Notice for Bids. L. Conflict of Interests Act. The provisions, requirements, and prohibitions as contained in Sections 2.2-3100, et sea., of the Virginia Code are applicable. M The procurement provisions of the Code of the City of Roanoke (1979), as amended, Sections 23.2-1, et sea., as well as the City Procurement Manual, apply unless specifically modified herein. The City's Procurement Manual can be reviewed at the Purchasing office. N. Insurance Requirements. Successful Offeror, and any of its subcontractors, shall, at its sole expense, obtain and maintain during the life of the resulting Contract the insurance policies and/or bonds required. Any required insurance policies and/or bonds shall be effective prior to the beginning of any work or other performance by successful Offeror, or any of its subcontractors, under any resultant Contract. April, 2006 Rev 12 SECTION 5. PROTESTS. Any Offeror who wishes to protest or object to any award made or other decisions pursuant to this RFP may do so only in accordance with the provisions of Sections 2.2-4357, 4358, 4359, 4360, 4363, and 4364 of the Code of Virginia, and only if such is provided for in such Code section. SECTION 6. SERVICES AND/OR ITEMS REQUIRED. The following are the services and/or items that the successful Offeror will be required to provide to the City and should be addressed in each Offeror's Bid. A description and/or listing of the services and/or items that the successful Offeror will be required to provide to the City are those that are set forth below and/or referred to in any way in the sample contract, any terms and conditions, and/or any attachments to this Invitation to Bid. Each Offeror should carefully read and review all such items and should address such items in its Bid. However, the final description of the services and/or items to be provided to the City under the Notice for Bids is subject to negotiations with the successful Offeror, and final approval by the City. A) Cater events for up to 1800 persons, sell alcoholic beverages under certain conditions, and other services as approved by the Director. In addition, the City will require the contractor to operate Encore Grille and other food service operations as required by Director. B) The facilities to be let shall be used solely for the conduct of the described contract and the areas to be occupied by the Contractor shall be subject to increase or decrease from time to time. The Director will designate which space or areas the Contractor may use in the performance of the responsibilities as set forth herein to conform with the priorities established by the Civic Center. These specifications will become a part of the contract and be binding upon the parties thereto. C) Applicants shall familiarize themselves with the Roanoke Civic Facilities' potential opportunities. D) The contract will be for a term of ten (10) years, commencing July 1, 2007 and terminating June 30, 2017. The City may extend the agreement for additional one (1) year periods under the same terms, conditions, and other contractual requirements. E) The term "gross receipts", as used herein, means all monies paid or payable to the Contractor for sales made or services rendered at or from the Center of from any other source related directly or indirectly to this Contract, whether collected or uncollected, whether for cash or credit, excluding gratuities, local state or federal sales tax. April, 2006 Rev 13 F) Bids shall include the amount the Contractor shall provide to build out and equip the new kitchen and pay to the City in commission fees: percentage of gross receipts from the sale of alcoholic beverages and mixed drinks; percentage of gross receipts from the sale of food, beverage in conjunction with operation of Encore Grille, room service, personnel services, off-site catering and concessions, and catered food functions for which the Contractor may be utilized to provide such services. The Director may negotiate special percentages with the Contractor to respond to unique needs or negotiate special percentages with the Contractor to respond to unique needs or program changes, when deemed such action is in the best interest of the City. G) Should the successful Offeror utilize the Center food service facilities for off-site food functions, notice should be given to the Director, or City administration designee. SECTION 7. EXCLUSIVE RIGHTS A) The Contractor shall have the exclusive right to operate Encore Grille, bars for catered events, and beverages (alcoholic and non-alcoholic), except as herein otherwise provided. The Contractor shall not have any sales rights in the employees' assembly rooms, but the right to sell in these areas is retained by the city. Failure to provide any service essential to the operation of the Center as determined by the Director will be considered a breach of the contract. B) Catering and concessions shall mean any food service for which a guarantee in number of meals or persons to be served has been made by the lessee at an established price per person or meal, and agreed to by the caterer that is to provide these catering and concessions services agrees to serve in sufficient quantities food and beverage, except alcoholic beverages, and meet its contracted obligation established by the guarantee as previously described. The catering and concessions fee to be paid by the catering and concessions organization shall be computed on a basis of number of persons or meals to be served, multiplied by the cost per meal by the current applicable percentage. C) The privilege to sell alcoholic beverages is subject to compliance with applicable laws, including the provisions of the Liquor Control Act of Virginia. Final decision as to which alcoholic beverage, or when these items may be sold, rests with the Director. The City of Roanoke holds the liquor license for the facilities, but this will not prohibit the Contractor or other caterers from obtaining a banquet or other temporary license to serve both food and beverages including alcohol. D) It is not the intent of these specifications that the Contractor's operation be a continuous one, but, it is the intent that the Contractor shall provide the merchandise and the personnel necessary to serve the public for a period of time before, during, and after events scheduled in the Center, with such operating hours and personnel requirements subject to the approval of the Director. April, 2006 Rev 14 However, the Contractor may be required to operate a full-time dining area at a later date. E) The Director shall give the Contractor advance notice of the nature of the scheduled event and such information as is available regarding the probable attendance at each event. The Contractor shall be held accountable for furnishing full and adequate service for the full period of time required for any event of which he has no notice. Further, nothing contained herein shall be interpreted to limit the Contractor in taking the initiative to obtain event information from the Center. F) In the operation of the contract, it shall be understood and agreed that the Contractor is an independent Contractor and not an agent, servant, or employee of the Center or the City. SECTION 8. EQUIPMENT AND MAINTENANCE A) The Contractor will provide a major kitchen facility to service mobile thematic emphasis food areas, and such space for portable units as may be required with the understanding that the City is to retain control of all assigned areas (with the exception of the main kitchen facility which is under the exclusive control of the Contractor) for other purposes as required by a tenant and/or the Center. City- owned equipment, as listed on Exhibit "A" made available for use by the Contractor shall remain the property of the City. B) Offerors shall visit the Center to thoroughly acquaint themselves with proposed food facilities design and to determine what is required, see Exhibit "B." Offerors shall read the specifications concerning food service as to all equipment the Contractor shall furnish and recommend and purchase equipment, fixed and movable, required for efficient operation of the Center and the facilities proposed for the expansion of service at the center. C) Those items to be purchased and installed by the Contractor shall be of a type and class approved by the Director and in sufficient quantities to provide proper service to the patrons of the Center. All equipment and furnishing shall be new, of modern design and first-class material and construction, Exhibit "C." The furnishings and equipment shall be of such quality, design, and finish as will be in keeping, in the opinion of the Director, with the general decor of the Center. All such expenditures by the Contractor must be approved in writing by the Director before the purchase and installation. Contractor-owned equipment and furnishings shall be listed on an exhibit to the contract between the Contractor and the City and all additional equipment and furnishing invoices shall be added to said exhibit as acquired. D) Maintenance, repair, alteration, and replacement of all equipment and furnishings during the contract shall be at the expense of the Contractor, except for April, 2006 Rev 15 maintenance of permanent water, gas, or sewer lines, and electrical service to the various facilities. All alterations and replacements of equipment and furnishings must be approved by the Director. All drains and piping in kitchen areas are to remain free (pumps, sump pumps) of debris and any clogs, back- ups, pump failures, etc. will be the responsibility of the operator to repair. E) An offeror shall submit with the Bid a descriptive list of items of equipment and furnishings that he proposes to provide in compliance with this section and the cost thereof. F) In addition to the equipment and furnishing requirement set forth above, the City will require the Contractor to invest a minimum of amount specified in Bid by Contractor in new permanent fixtures and new equipment for purchase and/or installation. The new permanent fixtures immediately become and remain property of the City. All such expenditures by the Contractor must be approved in writing by the Director before the purchase or installation. Non-permanent furniture, fixtures, and equipment, except smallwares, provided by the Contractor shall become properties of the city at the end of the initial 5 year contract. SECTION 9. QUALITY OF SERVICE A) It is the intention of the City that its catering and concessions service be of the highest quality attainable. All catering and concession service areas are to be kept clean, orderly and sanitary at all times and in strict accordance with all applicable laws, ordinances, rules, and regulations. B) All food, drinks, beverages, confectionery, refreshments, and the like sold or kept for sale shall be first quality, and shall conform in all respects to the federal, state, and municipal food and other laws, ordinances and regulations. No imitation, adulterated or misbranded article shall be sold or kept for sale. All merchandise kept on hand shall be stored and handled with due regard for sanitation. Leftover, perishable merchandise shall not be sold at any time. C) All merchandise kept for sale by the Contractor shall be subject to inspection and approval or rejection by the Director, or designee. D) The Director, or designee shall have the right to reject the character of service and require that undesirable practices be discontinued or remedied. Failure of the Contractor to take appropriate action after notification from the Director may result in the cancellation of the contract. E) The Contractor shall constantly endeavor to improve the operation with a view toward developing maximum gross receipts potential and services to the Center's patrons. April, 2006 Rev 16 F) The Contractor will be responsible for the cleaning and sanitation of all food service production, storage, and service areas including equipment, floors, walls, ceilings, and shelving. The Contractor will also be responsible for cleaning of tabletops, emptying waste receptacles, all areas within 10 feet of such areas and other related sanitation functions during events, and following each event in the various food service areas. G) The Contractor will maintain on a continuing basis the section of the receiving dock where food and beverages are delivered and will be responsible for the return of all pallets, storage containers, linens, and other equipment used in the conduct of operating the food service that belongs to the suppliers. All trash and garbage receptacles will be cleaned and sanitized by contractor to ensure a high standard of sanitation. Grease removal shall be the responsibility of the Contractor and shall be handled to avoid collection and spillage. SECTION 10. OPERATING CONDITIONS A) The City will furnish without charge to the Contractor for the period of the Food and Beverage, Catering and Concessions service contract, storage and commissary space for stock and equipment where available. B) The City will furnish spaces for office, money counting, and record keeping purposes to the Contractor for the period of the contract. The use of this office space for purposes other than the operation of the center, without prior approval of the Director shall result in the revocation of this space. C) The City shall furnish all electricity, gas, and water, but will not supply the labor required to make initial equipment installation of temporary connections, subsequent to the original kitchen installation, as reflected in the final design package. Anything herein to the contract not withstanding, the City shall not be liable or responsible for any failure to furnish the services set forth above occasioned by strike or other work stoppage, federal, state, or local government action, breakdown, or failure of apparatus, equipment or machinery employed in supplying the said services, any temporary stoppage for the repair, improvement or enlargement thereof, or any act or condition beyond its reasonable control. D) The Contractor shall furnish at its own expense all common and skilled labor for the setting up and dismantling or moving of temporary refreshment equipment in such locations as may be agreed upon between the Contractor and the Director. E) The Contractor agrees that nothing in these specifications shall be construed as to prohibit a lessee of the Center from exhibiting any merchandise or article in connection with the exhibit or other type of event, or from dispensing free samples of merchandise. Such sampling is subject to the approval of the Director. April, 2006 Rev 17 F) The Contractor shall be prepared and in operation a reasonable time before, during, and after all events as determined by the Director. G) When and if Encore Grille or other temporary food service, i.e., mobile thematic emphasis food service area is in operation, food served must be cooked and prepared by the chef on the premises of the Center, with the exception of baked goods and standard canned and packaged items. Deviation from this requirement must be approved in writing by the Director. H) Contractor shall render service to the public in a dignified manner and no pressure, coercion or persuasion shall be used by the contractor in an attempt to influence the public to use the services or product of the Contractor. I) The City reserves the right to direct the Contractor to partially or completely suspend service during those events with which full Contractor operations may be incompatible in the opinion of the Director. J) Nothing herein contained shall be held to limit or qualify the right of the City to a free and unobstructed use, occupation, and control of the Center and ingress and egress for itself, its lessees and the public. K) Authorized representatives of the City shall have the right to enter upon and have access to all spaces occupied by the Contractor during the time events are in operation and all times when Contractor employees are present. L) The Contractor shall at all times have full responsibility to provide and bear expense thereof for any and all personnel, equipment (portable and permanent), decorations, coat racks, tables, chairs, and various other items as may be deemed necessary to the director to ensure that the various food service areas located on the premises of the Center function properly and the decorum of same is compatible with the event and general facility design. SECTION 11. TYPES OF EVENTS The Center is a multipurpose facility providing space to various groups, organizations, or individuals. Event categories typically utilizing the Civic Center include, but are not limited to: A) Public Shows - Sporting events, concerts, circuses, performing arts events, seminars, dances, consumer shows such as antique shows, car shows, etc. or other activities available for the public to attend by means of purchasing an admission slip. Further, these activities can be of a commercial or non- commercial nature and are serviced through in-house concessions management. April, 2006 Rev 18 B) Convention/Trade Shows - These activities are characterized by multi-day needs for space, usually have exhibits, with attendance limited to individuals affiliated to the particular meeting groups. Further, membership in the particular group typically has a series of qualifications that must be fulfilled. C) Non-public Events - Activities of this type would consist of private dances, banquets, seminars, or other functions in populace, i.e., social clubs, corporate, etc. D) Public Shows/Non-Ticketed - Activities within the group are characterized by one or more of the following: religious, charitable, school, civic, government, etc. SECTION 12. TYPES OF SERVICE A) Contractor, to satisfy the demands of the various tenant needs for food services, will be required to adapt its operation to meet the challenges of various service categories. B) In addition to the normal catering and concessions and concessions functions the Contractor will provide in the Center, there has evolved over the years a need for various specialized services for which the Contractor will be required to provide. These services are normally associated with backstage or convention/trade show activities. These specialized services shall include, but not be limited to the following: 1) Room Service - This activity involves the distribution of various snack-type items in the meeting rooms, dressing rooms, and office areas utilized by tenants, promotersor artists. This type of service is similar to the following: a) Food items ordered by quantity, i.e., dozens, as opposed to number of individuals to be served. b) Service usually requires constant and frequent attention by Contractor to ensure food and beverage items are fresh and in adequate supply. c) Coffee service or stations located within show office or in meeting room areas, normally sold in quantity amounts, gallon, etc. 2) Exhibitor Services - This function is usually associated with convention / trade shows in which various areas within the Center are utilized for display purposes. The exhibitor services normally fall into the following areas: h) Food/beverage items provided to exhibitors as method of entertaining clients. April, 2006 Rev 19 i) Product storage and/or refrigeration and delivery of same. j) Product preparation: This area would involve the preparation, i.e., cooking assembly, etc., of exhibitor product with appropriate delivery where required. 3) Personnel Service - On various occasions, the Contractor may be called upon to provide personnel for special purposes such as bartending, waiter / waitress, host / hostess, or other activities. The special personnel services are not to be confused with the normal personnel required by the Contractor to meet the Contractor's responsibilities, provide reasonable, good quality, and efficient service to the tenant in fulfillment of the obligations as set out within this document. a) The Contractor shall be entitled to a reasonable number of employees who shall be permitted entry to the Center, provided that the number of such employees shall be approved by the Director. The Contractor's employees shall be admitted in accordance with regulations established by the City. The City reserves the right to deny entry for good cause to any person employed by the Contractor. All employees will have had criminal background checks conducted prior to employment. b) The Contractor's employees shall at all times be neatly and cleanly uniformed at the expense of the Contractor. Uniforms for employees shall be of a standard style and subject to approval by the Director. All employees must be supplied with clean uniforms, devoid of advertising, except when approved by the Director, and with name badges worn at all times. Accurate records must be kept of the names and addresses of those to whom such badges are issued to assure proper identification of employees at any time required by the Director or any other proper agency. c) The Contractor employees shall at all times reflect personal cleanliness. Unshaven, unkempt, and unclean employees will not be tolerated. d) The Contractor employees shall at all times be polite and courteous in their dealings with the patrons of the Center. Contractor employees shall not unreasonably disturb or offend patrons and spectators or interfere with the program or event in progress. The director is to be the sole judge in the determination of such matters. e) The Contractor shall not employ any person or persons in or about any building during an event who shall use improper language or act in a loud boisterous manner, and shall upon request of the Director immediately dismiss any employee deemed unsuitable. Any employee so dismissed by the Contractor shall not be employed by the Contractor April, 2006 Rev 20 at the Center without the prior written consent of the Director. Such disciplinary action by the Contractor is to be in compliance with prevailing local, state, and federal laws, guidelines, and regulations relating to employment practices. f) The Contractor shall train and closely supervise all Contractor employees so that they are aware of and habitually practice the high standards of cleanliness, courtesy, and service required. g) The Contractor shall provide an adequate number of personnel, including area supervisors with proper communication as deemed necessary by the Director, in each facility to properly service and attend to the patrons. h) The Contractor shall comply with all applicable local, state, and federal laws relating to employment practices. 4) Mobile Thematic Emphasis Food Service - On many occasions the type and location of activities within the Center will require the Contractor to develop, set up, and operate food and beverage areas and remove from the catered location or Encore Grille. A mobile thematic emphasis food service is characterized by one or more of the following: a) A variety of hot and cold food items and a catering and concessions and concessions employee for a serving table. Indigenous to a particular theme or event, i.e. Chinese, Italian, etc. a) Patrons will progress through a line to make selection a trays, food items, etc. b) The mobile thematic emphasis food service areas will have adequate seating for patrons. c) The mobile thematic emphasis food service areas will also provide beverage areas for mixed drinks, beer, wine, desserts, etc. d) The table and food service areas are to be continuously bussed to remove soiled utensils, as well as continuously policed to present clean and sanitary facilities for use by guests. e) All equipment necessary to adequately service mobile thematic emphasis food service and related expenses for operation to include decorations, tables, chairs, etc. are the sole responsibility of the Contractor. SECTION 13. CLEANING AND MAINTENANCE April, 2006 Rev 21 A) The Contractor shall provide all janitor services (subject to approval of the Director) for pick up, clean up, and disposal of all litter for all space assigned or used in operation. The Contractor shall also clean and keep service areas free of debris at all times, particularly prior to, during, and after events. B) The Contractor shall keep all premises neat and clean, and shall maintain in a sanitary condition. Premises shall include production areas, storage areas, compactor locations and other refuge disposal areas, mobile carts and surrounding areas, receiving dock, and the surrounding areas used by Contractor. C) Waste foods and supplies shall be kept in closed containers until removed from the Center. Such removal shall be made during and after each event. However, the City will be responsible for the removal of debris in areas normally considered public areas, i.e., seating areas in the Center, corridors, etc., except when utilized for food services purposes. D) The entire area, commissary, and work area, shall be kept clean and free from all rubbish. Repair for damage done to floors, walls, windows, or other property in food service areas, will be the responsibility of the Contractor. The Contractor must employ the necessary personnel before, during and after the hours of each event to comply with these provisions subject to approval of the Director. The Contractor shall provide sufficient waste receptacles at each location and make certain that they are kept clean and promptly serviced during and after each event. E) The Contractor shall not permit any waste, injury, or damage of the Center or its equipment and appurtenances. At the expiration or termination of the food service contract, the Contractor shall leave the Center and its equipment and appurtenances in at least the same condition as that which they were at the commencement of the contract. Any additions to furnishings and equipment including leasehold improvements made by the Contractor during the term of this contract will become the property of the City. Disposal of any surplus equipment and appurtenances shall be handled by the City's Purchasing Agent in accordance with the City code. Copies of all invoices will be provided to the Director at the time of purchase. F) The Contractor and/or its employees shall not erect, maintain or keep at the Center any structure or equipment of any kind, except with the written consent of the Director. The Contractor shall not make any alterations in or additions to nor post any signs upon any part of said premises, or permit signs to be posted, for advertising of goods of any nature on said premises or on vendors' persons or equipment without permission of the Director. April, 2006 Rev 22 G) The Contractor shall not remove any article, piece of equipment or other property furnished to the Center without the express written permission of the Director. SECTION 14. PRICES AND QUALITY OF MERCHANDISE A) As a matter of general policy, prices shall not be higher than those charged at comparable restaurants, bars, stadiums, convention centers, arenas, etc., for the same quality merchandise within the area. B) As a Bid requirement, the Contractor shall submit a detailed price schedule based on current market conditions for all menu items he proposes to offer showing size, weight, and amount of items. All prices finally adopted will require approval of the Director. C) The Director and the Contractor shall, on an annual basis, review the general price structure of all commodities sold and may, by agreement in writing, increase or decrease the maximum price or size of any items offered, such increases and/or decreases shall not exceed the CPI-U. D) If the Contractor desires to offer any item not included in the price schedule, menu, and alcoholic beverage list, then the Contractor may be allowed to do so only after first obtaining written approval of the Director to provide such items. In such cases, the Director must approve the maximum price or prices at which said items may be charged. If the Contractor desires to substitute any item in the menu, written approval must be obtained from the Director as to the quality and maximum price of such substitute items. E) All items kept for food functions shall be subject to inspection and approval or rejection by the Director during all times that the catering and concessions and concessions is in operation. Rejected products shall be immediately removed from the Center and shall not be returned for use. Items may not be used beyond the expiration date and must be removed from inventory. F) The Director may require Contractor to offer certain brand products required by advertising agreement between the City and a manufacturer. (Soft drinks are currently restricted to Pepsi products.) G) The Director may require the Contractor to provide locally popular food and beverage items for catered events in the Center, if it is determined by the director that such items are in the best interest of the City. SECTION 15. ALCOHOLIC BEVERAGES April, 2006 Rev 23 The types of functions at which wine, beer, or other alcoholic beverages are sold shall be subject to regulations established by the Director. If any Lessee requires that its patrons be allowed to bring alcoholic beverages upon the premises, then the Contractor shall have the right sell ice, cups, and beverages, commonly referred to as set-ups, during such function at a price agreeable to the Contractor and Director. The Contractor must at his own expense provide all licenses and permits required for the legal sale of alcoholic beverages. SECTION 16. OBSERVANCE OF LAWS, RULES, AND REGULATIONS A) The Contractor shall at all times comply with all applicable laws, rules, regulations, and orders of the Federal Government, State of Virginia, and the City of Roanoke. B) The Contractor shall also abide by all rules, regulations, and directives prescribed for the Center by the City. SECTION 17. PERMITS, LICENSES, AND TAXES A) All requirements of federal, state and local laws and regulations pertinent to or affecting any phase of the food and beverage service must be complied with. The Contractor must at his own expense procure and keep in force during the entire period of the contract all permits and licenses required by such laws and regulations. SECTION 18. LABOR AND PERFORMANCE BOND A) Within ten (10) days of receipt of notice of the City's intent to award, the Contractor shall furnish at its own expense a performance bond and a labor bond issued by a surety authorized to do business in the Commonwealth of. Virginia which is payable to the City in the amount of award and is conditioned upon the good and faithful performance of the Agreement in strict conformity to the pertinent plans, specifications, and conditions. The City's approval of the bond is required prior to the City's execution of the Agreement. SECTION 19. INSURANCE A) The Contractor shall furnish Public Liability and Property Damage Insurance against any and all claims and losses arising out of the operation of the contract and the occupancy of the premises. This insurance shall be obtained from a company authorized to do business in the state of Virginia and acceptable to the City and shall be in the following minimum amounts: April, 2006 Rev 24 Public Liability Insurance - $1,000,000 Each Person - $1,000,000 Each Occurrence Property Damage Insurance - $500,000 Each Aggregate - $500,000 Each Occurrence B) The Contractor shall also provide fire, extended coverage, vandalism, malicious mischief, riot, and civic commotion insurance in the amount of not less than 100% percent of the actual cash value of the complete inventory of equipment and furnishings identified within the kitchen and food service areas, and replacement cost of the kitchen equipment, furniture, and fixtures owned by the City and used by the Contractor. This policy shall include the City as an additional named insured. SECTION 20. EVALUATION CRITERIA. Offerors will be evaluated for selection on the basis of those most qualified to meet the requirements herein. Major criteria to be considered in the evaluation may include, but shall not necessarily be limited to the items referred to above and those set forth below: A. The background, education and experience of the Offeror in providing similar services or items elsewhere, including the level of experience in working with municipalities and the quality of services performed or items supplied. B. Reasonableness/competitiveness of proposed revenue and/or benefits to the City, although the City is not bound to select the Offeror who proposes the best fees or most benefits for services. The City reserves the right to negotiate fees/percentages and/or benefits to the City with the selected Offeror(s). C. The Offeror's responsiveness and compliance with the requirements and conditions contained herein and in the other bid documents. D. Determination that the selected Offeror has no contractual relationships which would result in a conflict of interest with the City's contract. E. The Offeror's ability, capacity, and skill to fully and satisfactorily provide the services and/or items required herein and other bid documents. F. The quality of Offeror's performance in comparable and/or similar projects. G. Whether the Offeror can provide the services and/or deliver the items in a prompt and timely fashion. SECTION 21. SELECTION PROCESS. A. Pursuant to Section 2.2-4301 (3)(b) of the Code of Virginia, selection shall be made of two or more Offerors, if there be that many, deemed to be fully qualified and best suited among those submitting Bids on the basis of the evaluation of factors included including price. Negotiations shall be conducted with the Offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each Offeror so selected, the City (through the City April, 2006 Rev 25 Manager or City Manager's designee) shall select the Offeror which, in his/her opinion, has made the best Bid, and may award the contract to that Offeror. The City may cancel the Notice for Bids at any time prior to an award, and is not required to furnish a statement of the reasons why a particular Bid was not deemed to be the most advantageous. Should the City determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that Offeror. B. All Bids submitted will be reviewed by the Purchasing Division or its designee for responsiveness prior to referral to a selection committee or person. A committee consisting of City personnel and/or others and/or an appropriate individual will then evaluate all responsive Bids, conduct the negotiations, and make recommendations to the City Manager, or the City Manager's designee, as appropriate. The award of a contract, if made, will be made to the Offeror whose Bid best furthers the interest of the City, as determined by the City Manager, or the City Manager's designee. The City reserves the right to reject any and all Bids, to waive any informality or irregularity in the Bids received, and to make the award to the Offeror whose Bid is deemed to be in the best interest of the City. C. Oral Presentation: Offerors who submit a Bid in response to the Notice for Bidss may be required to give an oral presentation of their Bid to the selection committee or person. This provides an opportunity for the Offeror to clarify or elaborate on the Bid. This is a fact finding and explanation session only and does not include negotiation. Oral presentations are strictly at the option of the City and mayor may not be conducted. SECTION 22. INFORMATION ON CONTRACT TO BE AWARDED. A proposed contract is available from the City clerk's office containing terms and conditions that the City plans to include in any contract that may be awarded, but such terms and conditions may be changed, added to, deleted, or modified as may be agreed to between the City and the Offeror during negotiations. However, if an Offeror has any objections to any of the terms or conditions set forth in proposed contract or any changes or additions thereto that the Offeror wants to discuss during negotiations, the Offeror should set forth such objections, changes, or additions in such Offeror's Bid submitted in response to the Notice for Bids. Otherwise, submission of a Bid by an Offeror will obligate such Offeror, if it is the successful Offeror, to enter into a contract containing the same or substantially similar terms and conditions as contained herein. Other terms and conditions, if necessary, will be negotiated with the successful Offeror. END April, 2006 Rev 26 <! ~ c Q) E ~ u ..s ~ ~ <( lI> ~ CD o o N , N o o N lI> "in >- ro c 5 OJ c .~ 1ii u <:5 Z i= Z ::> o u u 5 0:: W I- Z W U I U :?:: u .,-: -' >- c::C:: w<Cw 1-20 Z2~ W::lw U(I)z U(I)::l >W-, -...J U<CN w(I)O ~"'o OZN z->- <cC::...J OW::l c::~-, U <0 o o lI> 'i'I~ It) .. om o N It) o o lI> N Gl ,J'ia om o N "l' o o lI> N Gl Mn; om o N M o o III N Gl r:,.ca om o N ~I M(O~OC"')CX)LO'l:tvl()...qlO aOOl'-CONCOIO<OOCDIOO c:o..;;t..-MlO..-..-COvOlCOV N 00 0- 00- lO- rx:i 0)- 1"--- cO ..-- C"')- Q')- NC.DCOONl'-CONLOCDCOO ffl-f;ftfA..-.......,-..-NNNNM ffiffl-utffi-fflfAffl-f;ftfA ~ ('f)(",)COCOMLOt--mO'l""""OQr.nI'" OCOCOO'l:t<D<oo..;;tCDml!)ON..... 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"l' N ~ '#. <"! ~ "" o <0 M ~ w OJ 'tl W -' ~ w c W C9 III Gl Oi m ... o '#. .!: Cl ~ '" :;!; ~ w a- ll> ~ ~ 'tl C W a. x W vi a. '" u w 0:: >- :c - c o :;;; - ;;:: o ~ a. ~ w C. III W ro (f) Qj o Z / .,/ Roanoke Civic Center Attendance FYE 2003-2006 Totals FY 2002-2003 FY 2003-2004 FY 2004-2005 Attachment B FY 2005-2006 456,570 347,723 389,119 290,680 .. Attachment C Roanoke Civic Center Events Calendar 2005 . Jan uary 1 Dazzle Basketball 8-9 Roanoke Gun Show 12 Dazzle Basketball 14 Allison Kraus in Concert February 4-6 Shrine Circus 11 Monster Trucks 13 Tim Conway and Harvey Korman in concert 1 5 Crazy for You - Broadway show March 1 Community Health Screening 1 Dazzle Basketball 4-6 MDA Car Show 5 Jim Brickman in Concert + Pre-concert party 8 Koontz smoke school 8 WWE - World Wrestling Ent. 12 Church of God in Christ 12 Dazzle Basketball 14 Roanoke Symphony 17 Globetrotters & Pre-game reception 18 Charlotte's Web school play 19 & 20 Dazzle Basketball 22 Contact - Broadway show 22 Dazzle Basketball 26 Easter Egg Hunt April 2 Xtreme Ice Racing 8 Ice Hockey 19 City of Rke Police Exam 19 City of Roanoke Department meeting 23 Roanoke Times USAF Heritage Band 24 Valley Metro Bus Rodeo 30 Gaithers in Concert May 5 6 10 12 13 Antique Automobile Club show Roanoke Symphony Orchestra City of Roanoke Finance Seminar City of Roanoke Job Fair Jefferson College of Health Sciences Graduation 19 City of Roanoke Mayors and Chairs dinner 20 Mental Health vendor fair 21 William Byrd HS Prom 21 L. Watkins Dance Recital 24 Roanoke City School Board Graduation 26 City of Roanoke Youth Forum 31 -June 5 James Drew Exposition/Fair June 4 4 7 Floyd Ward Dance Recital Thomas Wedding Reception City of Roanoke Police Dept press conference 17 ACS Relay for Life 23 Bike VA - off-site catering 25 Family Action Council conference 2 8 Toyota Corp meeti ng 30-July 3 and July 7-10 Jehovah's Witness convention July 12 IS 15 Am. Red Cross blood drive Gospel Play Opening Ceremonies, Virginia Commonwealth Games 22-24 DAR Antique Show 26-27Virginia Bar exams + luncheons for 7 law schools each day Hilary Duff in concert 29 August 12 Ramp-to-Ramp motorcross 31 Three Doors Down in concert September 2 HS Football 6 Koontz Smoke School 9 HS Football 10 National Diabetic Pharmacies seminar 10 Signature Sound in concert 12 Mental Health Assoc seminar 12 City of Roanoke Leadership seminar 13 Senior Citizens' Expo 1 5 Health Fair USA 17 Primerica conference 22 Women's conference 29 U S Postal Service exam 30 Sports seminar October 4 Gospel Play 9 Ten Tenors in concert Novem ber 2 Miss Saigon - Broadway 4 International Air Gun Expo 4 HS Football 9 City of Roanoke Employee Health Fair 11 HS Football 12 Giant Indoor Yardsale 12 Roanoke Symphony Orchestra 14 Career Xplosion job fair 16 Gospel Play 17 "Ovation" school play 18 Dance competition 21 Dance recital 22 City of Roanoke Youth forum December 1 - 3 Scrooge - play 2 Dazzle Basketball 3 Dazzle Basketball 4 Dance Troupe competition lOG E Quarter Century Club party 10-11 Nutcracker ballet 11 Brad Paisley in concert 13 NBDL Player dinner/reception I 3 Full Monty - Broadway 14 City of Roanoke Employee luncheon I 4 Dazzle Basketball 16 Dazzle Basketball 17 Dazzle Basketball 19 HS Basketball 19 Am Red Cross blood drive 19 Moscow Ballet 23 Dazzle Basketball 28 Dazzle Basketball 30 Dazzle Basketball 31 Dazzle Basketball 31 New Year's Eve party "~"':'f";"'.'~ \::<<"_~'tJ.~':':/<!\-:.~:'~"iI~ 'n Attachment D encore '( "\ ~ ..... roanokeciviccenter.com . ...~. roanokeciviccenter.com . .~#. roanokeciviccenter.com * .~... raanokeciviccenter.com lunch-:..bu.ffet" _'~ ,_ 5 ',,:,~:::.'~~'__~.::::~~:?:_::::;;:,:'~~:;::.;:~.:~;;:~:;~~,:..:'_"__;:';:_,~,::_,~~;~~<.::~r:,/:~~' ;o.~~,~ "? h ~ ,tAil': ~u1~~p-rls~~f i~cl_~de~a:clioice -:'(5f:three '_vegefablers_~i~ct,(;-?i~:~,i,~ 'J~:~; ~;f~?_i Fr~s_h - ~,~iC!<n~ ~~~:e~,s~:~~~yred . with; Black :.2~ hlgh,tly }L?!!~d<i~~f~~i.b~~~~~sa~i::'e? ,_~h~~> ti~~an~_,~*~~~,~ ~~~~~~_ de-_d;g!~~~?fJ~..i~ ~~.t~.~~ ',~!r..~j~2~~i?r~~~~~.'. with; seasoned; mushrooms; and finIshed wlthcream.~i'-'''';'';.\-;'- ';;~;1~~~b~~iff -- - - -- - - - - - - 'r~~~+: s~~_2~,~;~Y 1~.75) . :"',?,~i~.:,',;;":;.~i!":h~"';,i,,._ ~,d,,~.'o. ,<,',.,'~".'.",~~'.d,"'-'o,'pp_,,-, ..,,, ,,". ,'C 'r-, ,':' ;;:" " " ",' "" ?~.~,~.f..~~;;'_:.,:,.~,:.~".:,">\~~.;,;.d,'~,'~~,:r,:~,~~.,' v.ith_~~_~~k-~~a:nd__~~-:_~:d_t6P~:~n:' - ""'-~- --::.;.'>: C.$9.7S" f~i;-~~~:i~!~~::~Z-:~!:1~~!l~~i12~t'; :?: turlCey and dressing $9.75 ,",^ * .~.... roanokl:!c;:iviccenter.com I urich-plated 6 sides + __desse.rt_s__7 -~ crab cakes - prices are seasonal Our Chefs own special recipe of a unique blend of herbs and spices mixed with fresh lump and claw meat, and topped with a lobster cream sauce. chicken cordon bleu $12.50 Fresh chicken breast stuffed with BlackOak Ham and Swiss cheese. Rolled and breaded with seasoned breadcrumbs. Served in chicken veloute (cream sauce). chicken oscar $11.75 Sauteed chicken breast topped with eastern shore crabmeat or two jumbo shrimp. Finished with a hollandaise sauce. parmesan crusted ahi tuna $11.75 Sushi grade tuna steak rolled in our specially seasoned bread crumbs. and pan seared to medium rare, then topped with a lemon herb cream sauce. stuffed tilapiatuscany $11.75 Two fresh tilapiafilets stuffed with spinach, mushrooms, grape tomatoes, black olives, and fetacheese,then smochered in Italian seasoningsaf'ld olive oil, and baked to perfection. ve etables + starches FreshVegetable Medley Prif'lce Edward Blef'ldVegetables- Steamed Yellow and Green Sf'lap Beans with Julief'lf'le of Carrots ' Kyoto Blef'ld - Mix ofJapaf'lese Style . Vegetables Fresh Steamed Broccoli with Citrus Flavored Butter Honey Glazed Carrots Buttered Corf'l on the Cob Corn O'Brien Creamy peas and carrots '- Green Beans (Southern Style, Almof'ldine, or MardiS Gras Spicy) Oven Roasted New Potatoes with Rosemaryaf'ldGarhc Potatoes Au Gratin Whipped Potatoes with or without Garlic Baked Potato Twice Baked Potatoes with cheddar cheese Wild Rice Blend Rice Pilaf chicken marsala $10.75 Lightly floured chicken breast sauteed then deglazedwithama!salawinereduccionwith mushrooms, and finished with cream. stuffed marinated pork tenderloin $10.75 Porktei1derloinstuffedwithspinach,~ots, and a blertd ofherbs:then marinated in our Chefs sweet and spicy sauce, and grifled to perfection. desserts standard Double Chocolate Cake Bosto!1 Cream Pie Germaf'l Chocolate Cake Deep Dish Apple Pie Coconut Cake Southern Pecan Pie Strawberry Shortcake. Pumpl<inPie Carrot Cake Assorted Fruit Cobblers (A la M(lde $I.S0 per person)" RedVelvet Cake wI Creal!! Cheese Icing dessert. station (Add art additiona!$3.00 per;person) Choice of ice cream or cheesecake topped with a flambe of bananas foster,cherries jubilee,ormandarirt orange jubilee (choice of 2). premium (Add an additional $2.00 per person) Key Lime Pie Mocha Swirl Cheesecake French Silk Pie N.Y, Style Cheesecake with Fruit T,?pping Spirited Strawberries over Angel Food CaKe " Chocolate Mousse Your guests wil! bedazz!edbytheSeelegantandfundi~hesthataremaderigtltinfront \....oftheireyes! ) *AI! prices are subje<:;t to an 18% gratuity plus sales tax urtless otherwise noted. *~II prices are subject to an 18% gratuity plus sales tax unless otherwise noted. . .~... . .~... roanokeciviccenter.com roanokeciviccencer.com 'lighter fare " , Enjoy one of 0"' del;do", f,e,hly m,de ,oup' o~ "I,d, with you, ::-1 encore house salad $3.75 salad bar "';~:7s1 I Fresh iceberg and crisp romaine lettUce with As elaborate as any show, or concert. We ~ ( cucumber, tomato, cheese and sliced red onion. offer many items, but, we afe able to add spe- J I cifk items to suite your party. ' ! caesar salad $4.75 Thefullowingareourstlndard salad bar items: ! Crisp romaine lettuce tossed with a creamy Fresh salad mix, tomatoes, cucumbers, caesar dressing, croutons and shaved parme- onions, blends of cheeses, carrots, red cab- san cheese. Add chicken for $1.50 bage, sprouts, mandarin oranges. red & green pepperS, hard boiled eggs, sunflower seeds. slivered almonds, raisins, croutons, bacon pieces. Dressings include: Ranch, Blue Cheese, Thousand Island, Caesar, Honey Mustard, French, Italian, Raspberry Vinaigrette, Balsamic Vinaigrette, Oil & Vinegar. fruit plate with garden greens and vegetables $5.75 Top?ed with l:-hicken salad,tunasalad,or bolt1. cobb salad $5.75 Julienne of roast beef, turkey, Swiss and American cheese over crisp romaine lettuce withbleu cheese crumbles and avocado slices. Served with red wine vinaigrette. I chefsalad $5.75 A bed of fresh mixed salad greens topped with Smithfield ham, oven roasted,turkey I breast,tomatoes, cucumbers, hard boiled egg, red onion rings, croutons, and bacon bits'. I mediterranean chicken salad $5.75 A bed of fresh mixed salad greel"ls topped with mandarin oranges,cherrytomatoes,sliv- ered alrrionds,feta cheese crumbles, and a grilled chicken breast. I neptune salad $7.75 A blend of shrimp, scaJiops, and crab meat, mixed with diced cucumbers, apples, and cel- ery and tossed in our Chefs own zesty lemon dill dressing, and served over a bed of mixed fresh greens. I Side, di,Shes ColeSlaw I MacaromSalad PaSta Salad , Waldorf Salad ! I "- $2.75 per person Cucumber{TomatoSalad Mediterranean Salad Potato Salad 8 potato bar $2.75 A great addition to the salad bar, or a dinner entree.We are not limited to the items we provide. If there are specific items you wish to have, please let us know. Here isa list of the items we'provide: Chili, cheese sauce, steamed broccoli,bacon pieces, chives, butter, sour cream. homem;ide soup dujour $3.75 Clam Chowder, Ham & Potato Chowder, I Home-style Chicken Noodle, Black ~ean, I Cream of Tomato with Bacon & Onion. I Hearty Italian Chicken,Minestrone,Vegetable withlwithoutbeef. I homemade soup du jour $4.75 Shrimp Bisque, She Crab. Creamy Chicken & I Andoulie SausageTortellini,and Italian j Wedding Soup I We can prepare any soup you desire. I Contact 853-5379 to speak with our Chef. t salad bar with soup or potato bar $ 9.75 soup/salad/potato bar $11.75 *AII prices are subject to an 18% gratuity plus sales taX unless otherwise ncited. . .~... roanokeciviccenter.com del Lbuffet 9 Deli Buffet- $9.50 per person Includes your choice of three of the following selections: sliced ham, roast beef, turkey. chicken salad or tuna salad. Buffet also includes: Assorted Cheeses Lettuce, Tomato & Onion Tray Condiments Assorted Flat Breads, Croissants, and Kaiser Rolls Potato Chips Gourmet Cookies or Brownies Coffee & Iced Tea. (Sodas available for an additional charge of a $1.00 each, Bottled water $1.50 each) Add your choice of homemade potato, macaroni salad. or cole slaw. *AII prices are subject to an i8% gratuity plus sales tax unless otherwise noted. ~ (boxedJuocbes I , I , "\ ~oxed Lunches - $7.75 per person Includes your choice of one of the following sandwich selections sliced ham, roast qeef, turkey, chicken salad or tuna salad. topped with 'lettuce: tomato, and cheese, on assorted flat breads, croissants, or kaiser rolls. Boxed lunches also include: Fresh Fruit Chips Canned Soda/Bottled Water Condiments Gourmet Cookie or Brownie Vegetarian choices and Salads are available upon ,request. I I 'All pc;""~ "bj'" '" '" IB' g~,";'Y pi" "I., "" 001.., "...~;,~__j * ..... roanokeciviccenter.com /"' , 'I unch-vegetarian ----, : vegetarian lasagna $9.75 I No meat here! Layer upon layer of mixed I vegetables, ricotta and mozzarella cheeses. . and lasagna noodles, baked to perfection. 1 eggplant roulette $9.75 'I Hand br~aded slices of eggplant, deep fried. and then stuffed with a ricotta cheese and herb mixture, and wppedwith our home, made marinara sauce, and mozzarella cheese. 10 dinn.er~buffet 11 veggie burger $9.75 Gardenburgerbrand patties, grilled and served on a whole wheat kaiser roll,with lettuce, tomato, ;'\nd red onior.. All buffet prices include. a choice of three vegetable selections, salad bar, dinner rolls, iced tea, coffee and dessert. Create your own bul:fet by adding a second entree for an additional $2.00 per person and each additional entree for $1.00 per person. All prices are subject to seasonal changes. baked spaghetti $9.75 Spaghetti noodles tossed in oui-homemade marinara sauce, and topped with piles of mozzarella cheese, and baked to perfection. : chicken cordon bleu $14.75 Fresh chicken breast stuffed with Black Oak Ham and Swiss cheese, Rolled and breaded with seasoned breadcrumbs. Served in chicken veloute (cream sauce). vegetarian pasta sautee $9.75 Fresh squash,zucchini,mushrooms, onIons, and tomatoes, sauteed in white wine and olive oil, and tossed with fresh herbs,and pennepasta. , I citrus barbequed tofu $9.75 Thick slices of tofu, marinated overnight in . our Chefs homemade citrus barbeque sauce, and grilled to perfection. *AII prices are subject to an 18% gratuity plus sales tax unless otherwise noted. ( dinner-vegetarian fvegetarian lasagna ,$12!75 citrus barbequed tofu $11.75 No meat here! Layer upon layer of mixed Thick slices of tofu, marinated overnight in vegetables, ricotta and mozzarella cheeses, our Chef's homemade citrus baroeque sauce, and lasagna noodles, baked to perfection. and grilled to perfection. I eggplant roulette $12.75 Hand breaded slices of eggplant, deep fried, and then stuffed with a ricotta cheese and herb mixture, and topped with our home. made marinara sauce, and mozzarella cheese. pesto cream fettuccini with sun- dried tomatoes $9.75 Sauteed sun-dried tomatoes in garlic and white wine, tossed with fettuccini noodles in arichpestosauce. seafood au gratin $14.75 Our Chefs own delicious recipe combining crabmeat,shrimp and scallops, sauteed together and folded into a sherry cream sauce, with blends ofsheeses,and topped with panko flakes, and then baked to perfection. crab stuffed flounder $13.75 without stuffing $11.75 Tender flounder stuffed with succulent crab- meat broiled in light butter and white wlne. I l basque chicken $13.75 I Ughtlyfloured chicken breast sauteed in butter and chardonnay, then braised with stewed toma- I toes,artichokes, black olives, special herbs and !spices,andtoppedwith'fetacheese. vegetarian stir fry $10;75 Broccoli,carrots,water chestnuts,snap peas, onions, and bamboo shoots sauteed in an ori- ental sauce,and served over a bed of wild classic lasagna $12.75 Layer after layer of rich creamyricotta,moz. zarella, and romano cheeses; with seasoned ground beef and a zesty tomato sauce; rice. vegetable lasagna $12.75 No meat here! Layer upon layer of mixed vegetables,ricotta and mozzarella cheeses, .and'lasagna noodles, baked to'perfection. Add tofu $2.00 pasta primavera $12.75 Fresh zucchini,broccoli,carrots, mushrooms, snap peas, onions, and red peppers tossed with Iinguini noodles in a herb cream sauce, then topped with parmigiano_reggianno cheese, *AII prices are subject to an 18% gratuity plus sales tax unless otherwise noted. beeftip burgundy $12.75 Select beef tips saureed with shallots,garlk and onions deglazed with burgundy and finished with a rich and robust beef stock. Served over egg noodles. chicken marsala $12.75 Lighdy floured chicken breast sauteed then deglazed with a marsala wine reduction with mushrooms, and finished with cream. jambalaya $12.75 A tribute to the Big Easy, a delicious combina- tion,ofshrimp,chicken,and andouille sausage, served in a rich and spicy Creole tomato sauce with rice, okra, peppers and onions. stir-fry with broccoli $12.75 ! Traditional Chinese seasonings accompany I your choice of chicken or beef,fresh broccoii I and select vegetables, Served over steamed I white rice. . With shrimp add $1.00 per person. yankee pot roast $12.75 Braised cut of beef brisket stewed with pOta' toes, carrots, celery and onions inarichscock. stuffed marinated pork tenderloin $12.75 Pork tenderloin stuffed with spinach, apricots, and a blend of herbs, then marinated in our Chefs sweet and spicy sauce, and grilled to perfection. baked ham $12.75 Baked Black Oak Ham seasoned and covered" with pineapple and brown sugar. Sliced and s~rved in its own juices and spiced CineapPlerings. , ;AII'prices are subject to an 18% gratuity "plus sal~s tax unless otherwise noted. I , " --- -----' . .4I.~. roanokeciviccenter.com . .4I.~. roanokeciviccenter,com . dinner-buffet chickeri' p_armesan:___ _ ,$i2.50 Italian seasoned breaded chicken breast smothered with monar~\a and fresh \ parmesan chees~s.Served with linguini noodles, and fresh homemade marinara. bake-grilled marinated london broil $12.50 FlankstEiiikgdJled inaspicy'DijOli marinade. ThiS-popular selection-is served with a mushroom ",u.ius"';c.i;;M./' baked,ziti .-,'.-",,-,.:,:-...:-,,>-:, ;:;;Yi':' $11.75 Noodlesii!ld _~_ ~es~ i h"?m.egiade _ t-sm_~t? marinara to-PPE;d;wj~ s~lecf '~he,eses, . baked and served ""ith garlic ?r~ad. -,:)..'-""":-;"<"":".",,--,*,f'if';;:;.:... .:.....'.....-., brOilE!dti!api_a!w:iJb;l~mo~~t:!erb creamT-::~I,' ':;_:~;;~~-;~'::~-;:';_ _ $11.75 South Anieri2an Tilapiibaked in butter and white wine, then topped with our Chefs own le!Tlon-herb cre!lm sauce. I I , l 12 fried chicken $11.75 Hand breaded chicken southern style, Fried crispy and delicious. lemon-peppered catfish $11.75 Catfish filets seasoned with lem'on.peppe'r, and fried to a' golden brown. Served with carter sauce. pesto cream fettuccini with sun- dried tomatoes $11.75 Sauteed '.sun-dried tomatoes in . garlic and white wine, tossed with fettuccini noodles in a richpesto sauce. Add grilled chicken for + $3.00 slicedturkeyandd.-ess!ng $11.75 Smoked turkey breast sliced and served with a rich gravy' and cornbread stuffing. *Allprkes are subject to an 18% gratuity plus sales tax unless otherwise noted. I I J . ...~. roanokeciviccenter.com dinner-plated /' I I 13 All plated prices include achciiceoftwo vegefublesel~$tic:lns,hciUSe or caesar salad, dinner rolls, dessert, icEld t,ea; ~nd,coff~E!' El']h(ince '. your menu byao;:iding s.oup or appetizer for an additjon(il charge. All prices subject to seasonal changes, , ~:~"k~:'~~:~~~:;d 'h"k'~ I :;?~, I smotheredwithlTlozzarellaand fresh parme- sancheE!ses:Servedwlthlinguini noodles,and fresh hOl!1emade~mariDara. 'Ch!~~~n:~a.lti.M~ic~'~"" .... " $1~.75 Fn:;~h '~pllt~~I<c.~e"~ ;'~t~X~t".it~~e?,,'w,itli pro- sciutto:.ham; spinach;',~.n(f ~t.lzz;j~E!lIa . cheese, tt.lppe.d.:withanl~shr6~m:'and'white wine filet oscar $21 :75 ":sauceands'erved ovei<~nguin(noodles. A 6 oz beef tenderloin filet grilled .~~e~ec:' ,.\/.'.':',."< '...' ,,,,,.'..\;,:,. , .. - ' tion and toppedry.'ith asp~ragus,jumb? lulTi'p g~_i1!~~;,;~~~~~,~~~~,.JgH~~p,:pr~i~ crabmeat ,and:'~,; homemade"'hollandaise:' ,r -:,>:";,~~,>,,, . ,.,~;::;';5i(. ,..',X,;JI4.75 Prices subject toseiisonal.changes. Flal"lk s~_eakgriUed,in;ii;spicy.Dijo.n.marinade. All meat cooked mediuni; for only parties of Thi~ popu,lar selectior is served with a mush- 50 or less. room au jus. ) 1 , i turf a la surf $~market price lOur Chefs own creation of grilled beef ten- derloin medallions topped with a special 1 shrimp cream sauce. parmesan crusted ahi tuna $14.75 Sushi grade wna steak rolled in' our specially seasoned. bread crumbs, and pan seared to medium rare, then topped with a lemon herb cream sauce. stuffed tilapill tuscany $14.75 Two fresh tilapia fiiets stuffed with spinach, mushrooms, grape tomatoes, black olives, and fetacheese,then smothered in Italian season- ings and olive oil, and baked to perfection. chicken marsala $12.75 I Lightly floured chicken breast sauteed then I deglaz.edwithamarsalawinereducticinWith mushrool!1s, and finished with cream. stuffed marinated pork II tenderloin . $12.75 Porktenderloin stuffed with spinach,apricots, and a blend of herbs, then mannated In our Chefs sweet and spicy sauce, and grilled to I perfection. I *Alt prices are subject to an [8% gratuity plus sales tax unless otherwise noted. ! ~ . .~.~. roanokeciviccenter.com prime rib $-market priCE! Slowroastedprimeribslicedandservedwit~ au jus. crab stuffed flounder $15.75 Tender flounder stuffed with succulent crab- meat broiled in light butter and white wine. Unstuffed -$4.00 I crab cakes ~ prices are seasonal Our Chefs own ,special recipe of a unique I.blend of herbs and spices mixed with fresh lump and claw meat, and topped with a lob- [stercreamsauce. chicken cordon bleu $14.75 /Fresh chicken breast stuffed with Black Oak I Ham and Swiss cheese. Roiled and breaded With seasoned breadcrumbs. Servedwitl1 a chicken Mornaysauce. ) 1 chicken oscar $14.75 Sauteed chicken breasttoppedwitl1eastem shore crabmeat or two jumbo shrinip. Finished with hollandaisesauce, I i sides + dess_erts 14 vegetables + starches , FreshYegetable Medley Prince Edward BlendVegetables- Steamed Yellow and Green Snap Beans with)ulienneofCarrots Kyoto Blend - Mix of Japanese Style Vegetables Fresh Steamed Broccoli with Citrus Flavored Butter Honey Glazed Carrots Buttered Corn on the Cob Corn O'Brien Creamy peas and carrots Green Beans (Southern Style, Almondine.or Mardis Gras Spicy) Oven Roasted New Potatoes with Rosemary and Garlic Potatoes Au Gratin Whipped Potatoes with or without Garlic Baked Potato Twice Baked Potatoes with cheddar cheese Wild Rice Blend Rice Pilaf desserts standard Double Chocolate Cake Boston Cream Pie German Chocolate Cake Deep Dish Apple Pie Coconut Cake Southem P~can Pie Strawberry Shortcake Pumpkin Pie Carrot Cake Assorted Fruit Cobblers (A la Mode $1.50 per person) Red Velvet Cake wi Cream Cheese Icing dessert station (Add an additional $3.00 per person) Choice of ice cream or cheesecake topped with & flambe of bananas foster, cherries jubilee, or mandarin orange jubilee (choice of 2). premium (Add an additional $2.00 per person) Key Lime Pie Mocha Swirl Cheesecake French Silk Pie N.Y.style Ch~esecakewithFruit Topping Spirited Strawberries over Angel Food Cake Chocolate Mousse Yourgueru will bedazzled by these elegant and fun dishes that are made right in fron t of their eyes! -..-.---- *AII prices are subject to a~18% gratuity plus sales tax unless otherwise noted. wu__/ . ...~. roanokeciviccenter,com subs + paax traxs__15, , , . Try Our Large Ch~pion Subs I ^ big champ $75.75 ' HugeS-foot French sub roll stacked with : assorted deli meats and cheeses, topped i ~ith lettuce, tomato, and onions. Includes potato chips. ServeS up to 25 people. small champ $45.75 : 3-foot version of the same above. Chips are i also iflcluded, Serves up to 15 people. I , i Confectionery Tray I , Includes a deiicious assortment of gourmet l cheesecakes, cookies. browflies and more. I Small (Serves IS) $29.75 Large (Serves 25) $49.75 Encore 'Party Trays cheese & gourmet crackers Small (Serves 15) $37.50 Large (Serves 25) $62.50 deli tray Includes assortoo meat'., cheeses, toppings, and condiments. Small (Serves 15) $67.50 Large (Serves 25) $112.50 Assorted Bread Basket $2.50 per person fresh fruit w/caramel dip Small (Serves 15) $37.50 Large (Serves 25) $62.50 Prices may vary with seasonal changes fresh vegetables w/dip Small (Serves 15) $29.75 Large (Serves 25) $49.75 Prices may vary with seasonal changes Be sure to check Encores extensive hors d'oeuvres menu for other delicious tray options. 1 Please call our Catering Manager for pricing at 540 853-5378. *AII prices are subject to an 18% gratuity plus sales tax unless otherwise floted. . .~.~. roanokeciviccenter.com I I I I ___sj)uthern_picnJc 16 Prices per person 2 Entrees $11.75 3 Entrees $13.75 I Entree $9.75 per I down home entrees ! (Indudes Fresh Baked Dinner Rolls or I Cornbread) Southern Style Hand Breaded Fried Chicken BBQChlcken Hamburgers and Hotdogs Baked Sliced Virginia Ham Pulled Pork BBQ: Traditional or Carolina Style I' H"d B,,~d.d c,,,,, FiI.u down home sides (choice of three) Baked Beans Whipped Potatoes Horriestyle Fried Potatoes Southern Style Green Beans Baked Sweet Potatoes with Butter and Cin,namon Potato Salad Buttered Corn on the Cob I ColeSlaw I Macaroni and Cheese Pasta Salad I' Cucumber and Tomato S_<llad; Marinatediri Red Wine Vinaigrette , , I I I I I ! ' down home desserts , I \ , (choice of one) Baked Apple Pie Fresh Baked Cookies Assorted Fruit Cobblers Brownies Banana Pudding ( k(e cream.sundo:le bar $8.50.1 or add the Sundae Bar to any meal pur- chase for $5.00 per person) I Sundae Bar toppings include; Chocolate Syrup, Chopped Nuts,Whipped Cream, and Cherries down home drinks Iced Tea Lemonade *AII prises.are subject to an IB% gratuity plus sales tax unless otherwise noted. . .41... roanokeciviccenter.com hors d'oeuvres 17 /" hors d'oeuvres selections (All Prices are subiect to seasonal changes.) I , hot hors d'oeuvres per 100 Whole Smoked or Sliced Salmon Mini Quiche $98.50 with Capers Market Price Sausage Filled , Oysters Rockefeller Markee Price Mushroom Caps $95.00 ; Stuffed Mushroom Caps Potato Skins with Cheddar , with Crabmeat $185.50 Cheese, Bacon, & Scallions $90.50 Oriental Boneless Jalepeno Poppers $85.50 !ChickenWings $175.00 Jumbo Buffalo Wings with I Mini Crab Cakes with Ranch orBleu Cheese $85.50 Key Lime Tartar Sauce $125.50 MozzarellaStickswieh Sea Scallops wrapped Marinara Sauce $85.50 in Bacon $125.50 Spinach Cigars $85.00 Oriental Egg Rolls $120.00 Petite Ham Biscuits $75.50 I Chicken Tenders with Honey Mini Potato Shells with Cheddar I M,,,,cd ocBBQ ''"'' $112.75 Cheese, Bacon, & Scalliorls $70.00 Honey Stung Chicken Meatballs-BBQ,Swedish, Drummettes $100.50 or Plain $45.50 Spinach Sausage Balls $100.00 Spinach Artichoke Dip I with Tortillas $1.50 per person cold hors d'oeuvres per 100 Canape Assortment Jumbo Prawns with Cocktail Sauce Assorted Finger Sandwiches ~ Mini Cucumber Sandwiches . with Dill Spread $205.50 - seasonal fruit with caramel dip 100 people $187.75 50 people $100.00 $135.00 $57.75 vegetable crudites with dip 100 people $175.75 50 people $ 95.00 $ 48.50 , I I' cheese tray with gourmet crackers 100 people $225.00 so people $120.00 cheese ball with crackers for 25 people $ 49.75 Please refer to our Wedding Menu for other selections. *AII.prices are subject to an 18% gratuity plus.sales tax un~ess otherwise noted. ) ----- . ..... roanokeciviccenter.com - ~edd ings_ ___ I mini beef wellington I $ 36.00 per dozen ~- $275.00 per 'I oci people Tenderizedtl:mderloinofbeef,lightlygrilled and topped with a red pepper mushroom Aioli,wrappedilipuffpastryand'bakedtoa golden brown. ranch. ~tyl~s~eweredchicken breast with roasted vegetables $33.00'perdozen $250.00 per ,100 people Gently seasoned chicken breast with fresh pepperS, onions, arid, mushrooms; skewered and roasted. assorted cheese displ~y $120.00 per 50 pe'ople $225.00 per 100 people Cubedcheddar,Swissandpepperjack cheeses;S;r.;.d';:;ithgou~metcriickers. Askaboutgol!rmetc_h~eses. fresh f,.uit}~ori_~a~e'~ ~,!~()cOQper ,~Opeopl,e $,. I, 8~::-I5 -'~~~r;,I;~-'people Fresh fnJi~ _~~9,~~,r;.a_T,e;I.'?,lpp!ng s:lU(~ arranged in,a,.beau~flll~isp!ay of eleg;ince and creadvity. '~~ crabm~lI.~f1I,!edtll~s~r~om'caps :$,,:~S~Q((~l~doi~n, ' --$1 QsJO? e'hiOOpeopie Dori~i1:i~"~~;~' ' ,. -wi~h"ga~me.at -ce:. ';~geta ';.',f~,~ "_.' - '-".)?:~'___':""~I<~~sr:}~;pe~~'le~"<'-'~' Fresh and_ITl~.Q~-~~~:V~g~t<l~les ~erved with ascallion.ranchd,ip,:::-< -- 18 oriental boneless c~.icken wings $ 24.00 per dozen $175.00 per 106 people Hand breaded white meat chicken, tossed in our homemade Oriental Sesame Soy Sauce. mini crab cakes $ 8.00 per dozen $125.50 per 100 people Bite size eastern shore crabmeat lightly bound and pan fried to a golden brown, Served with a key lime tartar sauce. mixed vegetables rarigoon $125.00 per 100 people Phyllo pastrysh~lIs filled with a cream- cheese and vegetable blend. then lightly fried to a golden brown, sausage filled mushroom caps $13;00 per dozen $95.00p~r,,100 people Domestic mushrooms filled with sausage stuffingsurr'ounded byamild cream sauce. cocktail shrimp $13.00 per dozen $100.00 per 100 people Steamed,se~oned:andservedonicewitha homemade cocktaiLsauce. spinach sausage b~lIs $13~OOper dozen $1()9.~Op~r,LO? pe~ple _ .....,y,Virginia,S~USag~,and .,fresh,spi6ach flavoi-e'd . ; ,;~ith ,s~~~~nd ,~~ple:,iyf~p:t.h-in -_~'pic~d ,up with~ayer:_n~ p~pper, served v,:ith ~ honey Dij6nsa~ce.' "c_'''-.-- >;i: min'iqlJich~ $15.00 per dozen $98.50 per 100 people Spinach. bacon and cheese quiche in bite size portions. *AII prices' are' subJe~t to an 18% gratuitY plus sales tax unless otherwise noted. * ...~. roanokeciviccenter,com weddings 19 spanakopita $1 2.00 per dozen $90.50 pe"r 100 people ; Spinach.and feta cheese folded into layer after layer ofphyllo dough. _ tiJscan brushetta _ $65.00 per 100 people Crostini's topped with our Chefs own spe- cial blend of Roma tomatoes, herbs,and parmesan cheese, ( caramel apple baked brie $55.00 each Brhi!cheesesmotl1ered in a caramel sauce .; ang,~~!;~ 2<!-f\l'p',?l~:,~t~~~~,e~)?, e,Uffed pas- ,trritbe~':q~.k~d,.. ~.o;~'~~I~~Pr:~r~~}\.Served ".:,~I:~. ~~~~*:~_:?~!(~~r;'Zi;':>::~.' , ':iTIini"cucumtler.isanawiChes ,-,;;;>... '[;f"':-'''''-'&;,;1'<>Wi-;-g:,:-~'/ ;'<!;~~,~~2~J}:%1.\'--";-:- ~8:5~J2~,~:2g~~;ii,( s'blendeo.withherbsand ~h<M'\1~--~";"'._':-"', .', '-,~~~~a))eo/"~en white spinach pinwheels $12.00 per dozen $90~5~. per'I?O,p~opl~ Rolledpastry withspinac~. mu1hro~mi' moz:zarellacheese in aherb cream cheese spread. spinach Cigars ..' .' .'.: .... _: -"'('c ~ 1~.P_9...p~r ,?o,z~n",;' ." ',' ..,.:-,::_,-/,{', ~~5_,.,~~,]~"19o,.~ee.B~;,~~:~;':;':i'if',~':~ Fresh spinach wr~p,p:e~_ inphy.[lo"d()ug~",,!$/~,~ Middle EasternSeasoning. 'j,," }'.',; italian antipasto ~alad ': $8 5~OO_per" 100 ,pi:iople'<'c,,' .-;_"_", ~aa~~;~_~i~Ha~~~~~i~iN€~i;;~;~~~#.~ olive Oil,},n,dJt;[l.!!,~N~~~9!lj,~gs'a~~. '~er,y~_ with Gourme(crack,ers, - '. .- ofBBO. pasta.,-s~~~(is\'--_~.::,......:..,;--/;"-'-..'.':_ -_--;',:i:_:'.,:::,: .--;,;,$8~;9~ per; 1.0.0 p~opIEL,)",\\,,,.,.j" Penri,~;'~i~#I~ltbTg~~~frif~e~~,' .~,uc:~rry~~~;.t";_;\'.-ti toma~e~;yell~w::.p:epP.ersina_ maYClnn_<I!se:,,_:. ~,> dressing and' topped with Parmesan Chees~. - "'.': ,,'. '.' ,. ".'.'e tortellini pasta'salild ,rl1!.ni_,s~~~"'yi~oh}ta~i,~n ~8~:~OO~er ,I 00 people ,-,-,_'._Ra,' ~.' c.iBlI~~t_~j;.r~,.'~F.:r.trZ~'~".'H'a~, and Tri co!or~;:l~o~~eIJiniwithshred~~d,_c,~ri-ots:----,.. .,,,-,',,,,-,,, 'i-"". b!ack:()lj~~,,~umiri,er ,sq~ash;j~lie~fl_e :r~~)-''-' Smok E~,~.; ~Jl!l(tu.p~lld,s,e~ved pepp~~~)~~,i, ~~~'~,riedto!l'ato-., P,~~t? ~~~c'1"~,~:<"<.~-,,g>:,,.,~/j~;~rfu~~~t8~[~i~~;Of minjp~:~,~~;,~-~,~,u,s:" ,; ',:;" /f~~~~~~~~~~WX;J::~de8~I~i~ Dijon '; $ ,1~:;,~9pe'r:dozeri " _,.' M~iC!~.,f,F""S"~.j(.,,~au.ce.. /----<-- $~O.()O per _I~O p~ople "-.' . MinLPotatosh~llsst,ufh:d,With garlic mashed -~,' potato~s and sca.llions; dientopped with" ":, cheddar cheese and bacon: ,'.....'."-.'...',......,,. *Allpricesare s~bfeci: to an -18% gratuitYpliJss<lI~_staxunless otherwise noted. * ...~. roanokeclviccenter.com I I I __ _weddings___ 20 '\ aisan stir-fry station $7.75 per person Fried or steamed rice with your choice of the followingingrediimts:green peppers, red pep- pers, water chestnuts, snow peas, carrots, I broccoli, anions, and celery. With Beef $8.75 With Chicken $9.75 With Shrimp $10. 7S pasta station $8.75 per person Tri-colored penne pasta,Tri coloredTortellini, or Mini Raviolis served with your choice of the following toppings: black olives,julienne ; peppers or red onions, mushrooms, broccoli, tomatoes, fresh basil, oregano, olive oil and freshly grated Romano cheese. With Chicken. $9.75 With Shrimp $10.75 I carving station {AvaiJable for parties over 100 guests only) Prices vary upon selection $6.00 - $8.50 Steamship Round, Baked VA Ham,Top Round, i Rosemary Pork Loin, Smoked Turkey Breast, : Prime Rib, or Leg of Lamb Served with deli- : dous soft rolls and your choice of condl- : ments, Horseradish sauce, spicy dijon mus- tard,o~ herb mayonnaise. i Chef attendant charge of $20,00 an hour for I each station , " petit desserts $3.00 per person Assorted Petit Fours Baklava Sweet Street Squares Lemon Love Notes Pumpkin Rolls Angel Food Cake Strawberries Romanoff Chocolate Dipped Strawberries Drunken Strawberries Mini FruitTartlettes Chocolate Bourbon Balls Cannoii . Add a Chocolate Fountain for $1.00 per person Fresh Fruit for dipping: StraWberries, Kiwi, Bananas,Pineapple Refer to our plated dinner,hors d'oeuvres and buffet menus for more oprJons.lfthere are any special requestS please contact our Catering Direccor at 8S3-5378, *AII prices are subject to an 18% gratuity plus sales taX unless otherwise ~oted. . .41.... roanokedviccenter,tom bar service ..--- --~._-----,-.... - -_.~~ - r. . 21 host bar service house liquors premium liquors domestic bottle beer premium beer imports house wine $3.50 $4.50 $2.50 $3.50 $4.00 $4.50 *Bar Mixer Rate at $5.00 per person *These prices are subject to ~n 18% gratuity plus sales tax per person. cash bar service house liquors premium liquors domestic bottle beer premium,"beer imports house wine $3.75 $4.75 $2.75 $3.75 $4.25 $4.75 "'These prices include tax and service charge. Domestic Keg Beer $225.00+ tax & service charge Import Kegs on request Sodas & Juices $1.50 bottle; $1.00 cans Premium Wines and Champagnes market price per bottle "'Bartender Fee $20.00 per, hour (minimum 3 hours). " ) . .~.~. roanokecivlccenter,com - I I , I I I I I I , I I I I ... " Food & Beverage Manager 540.853.5378 Sales & Booking 540.853,6860 . ..... roaflokeciviccenter,com --... \ I I , , Thank you for c()n~tg~ring Encore~@atel'1ing for your special event andpleasej"ermeniber l' . usforany.Juture I I' ca~ering(needs.; 1 i I. . I I ~... . ,',,":,',',-' ..'_.:.....i.....:.., _.,,',..' .. "..,_ .J' ..... .." .... ""-' y c'.... \. __ ___ ____ f UJ ... t: OJ E .l: u III ... ... <( ) () I W U:i z ~ en ro Q. (/) QJv .o!,- .!!!N 'm "'I"""" <( ~ ro - 0 I- / \ ; \ ' Vi Exhibit A IROANOKE CIVIC CENTER KITCHEN INVENTORY - as of 7/31/06 1 : Carter-Hoffman warming unit 2: APWWyott warming unit 3: 8everageAir 3 door refrigerator 4: GE household refrigerator 5: Garland convection oven 6: Sharp microwave 7: Hobart dishwasher 8: Groen Tilt Skillet 9: Vulcan Fryer 10: Garland Range 11: Hobart Slicer 1v1.()Qelfl!fllllli 881200 881200 881200 881200 881200 881200 watlsj1fiEl:' ~rif's1CJ'i1lditioil~ Excellent Excellent Excellent Excellent Excellent Excellent Mddel#,\l'~ HD-2 HD-2 .sem:il#~~~ 0411005766 0411005765 watlsr:0;;~ ~ii($' COha/tlon'#: Excellent Excellent M'(fl#'''~ Se'~ial#1:J~~_ Watts't~~ik1 ~m6s1 Qohaitid!1~ .', .p _e. ,.i7k~,; KR74-1AS 7445605 Excellent GTS16 SG810087 Excellent GTS16 SG810086 Excellent 5.02E+10 Excellent 5.02E+10 Excellent 5.02E+10 Excellent R409JS 142080 Good C44A 85-1021066 Fair FPC-3 3572-C Fair FPC-3 3600-C Fair 1ERD50 48-1518364 Excellent 1 ERD50 48-1518365 Excellent Excellent Excellent 1712 1824262 Poor Q) '" 0:: '" (0'<:: o U to.9 N~ - U ..,. Q) "E :J CfJ CI:I ... :E :E >< U.I '" '" w If '" N < '" . L-, . uV ,~g " o M ro"""":'b I ~ ~ ~ ~ rr ...... :9rn~ ..co "a; >< 0 ~ W 0_ ~ :;: '" '" Q)"" . Z-C) "v ,~S . "S ,ZS . "po .~S j ,os~ "v ,6~ . ~ UI~ :E~ 0_ o ~ .cUI ~- ""CO NCO -0 ~M- 0_ ~- >< '" - 0:: 0,- Ll So:: Ul2 .<:: UI a;; 0", .c"" r-- - M'" N " Ql >. roE Ll '" o Q. E '" EU o u u '" ~ Exhibit C i NEW KITCHEN/NEW CONCESSION/& PLATING KITCHEN AREA EQUIPMENT LIST KITCHEN: 1- (I) Receiving Desk 2- (I) Receiving Scale 3- (55) Storage Shelves-(28) Already Exist 4- (5) Walk-In Cooler; One Large and Four Smaller 5- (5) Evaporator Coils for the Walk-In Coolers 6- (5) Condensing Units for the Walk-In Coolers 7- (I) Sixty Quart Mixer 8- (I) Ten Keg Beer System-Future 9- (4) Banquet Cabinets 10-(1) Walk-In Freezer 11-(1) Condensing Unit for Walk-In Freezer 12- (I) Evaporator Coil for Walk-In Freezer 13- (2) Over-shelf for work Station 14- (I) Slicer & Slicer Stand 15- (4) Hand Sinks 16-(4) Double Convection Ovens 17 - (I) Sixty Gallon Kettle; The building plans state that this exists, it does not. 18- (2) Floor Trough and Grate 19- (I) Combination Oven 20- (I) Exhaust Hood 21- (2) Fire Suppression System 22- (I) Blast Chiller-Future 23- (I) Dump Station 24- (2) Fryers 25- (I) Griddle with Oven Base 26- (I) Open Burner Range 27- (I) Char Broiler 28- (I) Rack 29- (2) Water Filter 30- (I) Exhaust Hood 31-(1) Reach-In Freezer 32- (I) Bain Marie 33- (2) Warming Cabinets 34- (I) Waste Disposer Ul .... 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W " c o U c . ~ _6 ~ e " m " ~ " c 8 c ~ 'C :;0 0- ~ m e il :E 0= b'l ~ ~ . , \,:0' ;;:- '" e III ~ u , F o E ~ > m . c 2 ~ . UI.!l! N , . o ~ " ~ ~ m e " . ~ ~ ~ c 8 ~ .. g o ~ g c . 1ii 'C '" U ~ m e " . ~ ~ ~ c 8 c . 't\ '0 '" u ~ ~ m e 15 , . '0 .~ ;; .Ii as ;; ::: " e ~ " e ~ . , '" g . :E ~ " > N' o m e $ :E . o . 15 . '0 Eo ;; .Ii as ::; ~ 15 . '0 .~ ;; .Ii as . " " c . ~ w ~ ~ ~ ~ " e N o m e 15 $ :E . " " c . .11 m '0 .~ ;; . ~ as ~ u ~ ~ ~ ~ e 0= o , . o .~ ;; .Ii as N o ~ W The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ------------------------------------~-------------+------------------------ I I I I I CITYCLERK'07MAY 01 PM 12:09 I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I TOTAL COST, 1,289.20 I FILED ON, 05/01/07 I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - + -JcA.- J1G.CJ~_ - - - -7 - - _ _ _ _ _ STEPHANIE M. MOON CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE, 32143302 10232222 PUBLIC NOTICE State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of v~'r inia. 'Sworn arid subscribed before me this _ __day of May 2007. Witness my hand and O~l seal. _ Myf~ik~n - Notary Public ~:3~-r~(}l+--_. Ilf!, PUil~IS!-lED ON, .04/2} 05/01 " ^ .. . , ; I" ,\' '/1-',\1\, ,\', , :::::::;:~--~~--~~--_. ,"",' ,,""'," ,,'""',',""' PUBLIC NonCE ANO . ADVEIIT1SEMENT FOR' INVITAnON FOR BIDS: Franchise with City ofl Roanoke for EXClUSive: Provision of Food and Beverage, Concessions andl Catering Services at the Roanoke Civic Center Pursuant to the requirements of !j15.2-2100 and 2101, at seq., of the Code of Virginia (1950) as I amended,notlce Is hereby given that the City of Roanoke, Virginia, is seeking bids from qualified bidders lo'.be awarded a franchise with the City to be the exclusive'providerofall food a'nd beverage, catering and c'oncesslons (defined as all food, food products, non,alcoholicandalcohollc beverages and specifically eXCluding gifts, novelties and other non-food merchandise) served at lhe Roanoke Civic Center located at 710 Williamson Road, N.E., Roanoke, VA,. 24016. The' proposed term of the agreement Is for ten' years. As part of the) agreement, the,bidder to whom the franchise iSI awarded will be required to, install and construct a maJor, kitchen facility, according to' preexisting designs, at the, Roanoke Civic Center to serve events held at multiple locations at the Roanoke, Civic Center. The kitchen will: be under the control and, operation of the successful bidder for the term of the Agreement. The qualified bidder shall have experience In operatingslmUarcatered food, and drln k and concessions services in a major place. of public assembly; such as an arena, performing arts facility or conventloncenterwhichhas multi-purpose facilities inctuding.eJ\hibltlon halls, , and various sized meeting rooms citing the number of . years and the locations at I Which such operatlonswere conducted. The bidder shall have conducted a first class restaurant,barorcafeterla involving the purchase, preparation, and serving of food and drink to the public for at least three thousand (3,000) persons In one day or an overage of two thousand (2,000) meals per t;~~~~v~ (5) co~s~~~tlve Coples-of'thefulJtexf of ' the proposed ordinance, the I necessary-bid form, the designs for the kitchen and further details concerning the franchise to be awarded Is on file and may be !Obtained from the Office of the City Clerk, Room 456, Municipal Building, 215 .Church Avenue, S.W., jROanOke, Virginia 24011, on and after Monday, April 23, 2007. Essential terms and conditions that the City plans to include in the proposed contract, Including a lease agreement for space atthe Civic Center, will also be available atthe City Clerk's Office to interested parties, provided, however, such terms and conditions maybe changed, added to, deleted, , or modifled'as may oe;1 agreed to between'the City and,thesuccessfulbidder durlng"negotlatlons., However, if a bidder has any obJections to any-of the terms or conditions set forth In:the terms and condilfons orany changes or additions thereto that the bidder wants to discuss during negollations, the bidder should set'forth such objections, changes, or' additions in such bidder's' proposal submitted in' res p 0 n set 0 t his' advertisement. 'Otherwise,' submission of a bid will obligate such bidder, If It Is the successful bidder. to' enter into an agreement containing the same or' substantlaUy simflar terms, andconditlons as contained therein.-Other terms and conditlonswill be negotiated with the successful bidder. .Tours of the Roanoke Civic Center including the area where the proposed kitchen isto be instalJed, may be arranged for intf;!rested parties by contacting Ms. Wilhemina ; Boyd, Director of Civic' Facillti'es_" at (540)853-2241. A pUblic hearing on the proposed ordinance wUl be held at 2:00 p.m., on May 7, 2007, In the Roanoke City ~Council Chambers, 4th floor, IRoom 450,'Noel C. Taylor Municipal 8ullding, 215 IChurch Avenue, Roanoke, , Virginia 24011. Further Information may be obtained by contacting Ms. Sharon Gentry, 'Director of Pur c has I n g, at (540)853-2871'. AU parties in Interest and citizens may appear on the above date and be heard on this issue. - "lfyouareapei'SOr'iWlth-a disability who needs accommodatlons for this hearing, please contact the City Clerk's Office at (540) ,853-2541, before 12:00 noon on Thursday May 3, 2007. Any interested party is hereby invited to submit a written bid for the franchise to be awarded. 81dswiU be received In the Office of the City Clerk until 12:00 p.m., 10calUme, Monday. May 7, 2007. All bids received wlll be heid by the City Clerk, unopened, until 2:00 p.m., local time, on the same date, at which time atl bids so received wlU be delivered 10 the Roanoke City Council Chambers and then publicly opened and read aloud before the Roanoke City Council. , .The firm orentHy to whom this franchise is awarded shall reimburse the City for the costs of this advertisement and shaU first be required to obtain a performance bond, with good and sufficient security In favor of the City, in an amountto be determined by the City, In accordance with the provisions of Sectlon 15.2-2104 of the Code of Virginia (1950) as amended. Additional bonds may also be required of such firm or entfty in amount to be further determined. The City ex'pressly reserves the right to reject anyandalJbldstowaiveany Informality or irregUlarity In ~ the bids received and to accept the bid which Is, deemed to be.ln the best' Interest of the City.~ GIVEN under my hand this: 20th day of April, 2007. \ Stephanie M. Moon, CMC I City Clerk ~~~32222) J " .r / .' Dle ", PUBLIC NOTICE AND ADVERTISEMENT FOR INVITATION FOR BIDS Franchise with City of Roanoke for Exclusive Provision of Food and Beverage, Concessions and Catering Services at the Roanoke Civic Center :'~:" ~, i' .:~ ':. -.. >. .~: ! Pursuant to the requirements of ~15.2-2100 and 2101, et seq., of the Code of Virginia (1950) as amended, notice is hereby given that the City of Roanoke, Virginia, is seeking bids from qualified bidders to be awarded a franchise with the City to be the exclusive provider of all food and beverage, catering and concessions (defined as all food, food products, non- alcoholic and alcoholic beverages and specifically excluding gifts, novelties and other non-food merchandise) served at the Roanoke Civic Center located at 710 Williamson Road, N.E., Roanoke, V A, 24016. The proposed term of the agreement is for ten years. As part of the agreement, the bidder to whom the franchise is awarded will be required to install and construct a major kitchen facility, according to preexisting designs, at the Roanoke Civic Center to serve events held at multiple locations at the Roanoke Civic Center. The kitchen will be under the control and operation of the successful bidder for the term of the Agreement. The qualified bidder shall have experience in operating similar catered food and drink and concessions services in a major place of public assembly; such as an arena, performing arts facility or convention center which has multi-purpose facilities including exhibition halls, and various sized meeting rooms citing the number of years and the locations at which such operations were conducted. The bidder shall have conducted a first class restaurant, bar or cafeteria involving the purchase, preparation, and serving of food and drink to the public for at least three thousand (3,000) persons in one day or an overage of two thousand (2,000) meals per day for five (5) consecutive days. Copies of the full text of the proposed ordinance, the necessary bid form, the designs for. the kitchen and further details concerning the franchise to be awarded is on file and may be obtained from the Office of the City Clerk, Room 456, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, on and after Monday, April 23, 2007. Essential terms and conditions that the City plans to include in the proposed contract, including a lease agreement for space at the Civic Center, will also be available at the City Clerk's Office to interested parties, provided, however, such terms and conditions may be changed, added to, deleted, or modified as may be agreed to between the City and the successful bidder during negotiations. However, if a bidder has any objections to any of the terms or conditions set forth in the terms and conditions or any changes or additions thereto that the bidder wants to discuss during negotiations, the bidder should set forth such objections, changes, or additions in such bidder's proposal submitted in response to this advertisement. Otherwise, submission of a bid will obligate such bidder, if it is the successful bidder, to enter into an agreement containing the same or substantially similar terms and conditions as contained therein. Other terms and conditions will be negotiated with the successful bidder. Tours of the Roanoke Civic Center including the area where the proposed kitchen is to be installed, may be arranged for interested parties by contacting Ms. Wilhemina Boyd, Director of Civic Facilities, at (540)853-2241. A public hearing on the proposed ordinance will be held at 2:00 p.m., on May 7,2007, in the Roanoke City Council Chambers, 4th floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, Roanoke, Virginia 24011. Further information may be obtained by contacting Ms. Sharon Gentry, Director of Purchasing, at (540)853-2871. All parties in interest and citizens may appear on the above date and be heard on this issue. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday May 3, 2007. Any interested party is hereby invited to submit a written bid for the franchise to be awarded. Bids will be received in the Office of the City Clerk until 12:00 p.m., local time, Monday, May 7,2007. All bids received will be held by the City Clerk, unopened, until 2:00 p.m., local time, on the same date, at which time all bids so received will be delivered to the Roanoke City Council Chambers and then publicly opened and read aloud before the Roanoke City Council. The firm or entity to whom this franchise is awarded shall reimburse the City for the costs of this advertisement and shall first be required to obtain a performance bond, with good and sufficient security in favor of the City, in an amount to be determined by the City, in accordance with the provisions of Section 15.2-2104 of the Code of Virginia (1950) as amended. Additional bonds may also be required of such firm or entity in amount to be further detennined. The City expressly reserves the right to reject any and all bids to waive any informality or irregularity in the bids received and to accept the bid which is deemed to be in the best interest of the City. GIVEN under my hand this 20th day of April, 2007. Stephanie M. Moon, City Clerk Notice to Publisher: Publish in the Roanoke Times once on Tuesday, April 24 and May 1,2007. Send bill and affidavit to: Stephanie M. Moon, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 f?~J - OlSlf f JIIYttn1 (,(,/;,/ t 1;/41 S 6:,,1 &{k/MnJ tr1 ~grL I ~ 4w....dt M~....h-blS I ,fA! BWlc4 q WI. I' Nt! fY&w. . X ~ , s v Il-~-!!_C--M f /1I.()f1r>t.. f!kt,j, I4k /11 as a ~ S~I fJ~ w..e~~ . 7 {,drew. sAt . w,1! ~/'k ....1 qb (~~di~(jv/Jf4t. ~ ~ if...,. ~ b~ -I.. hy g.ul, Iv~ haJ 1i~t hv.J ~I-~'e-n~ ~ nit' Ckf,~ fk/-f. . Sk wa~ 'M.7~'+k I~M-".t~___~l Wtse~1t E:/~~. -(j(,vtJ h((.f fu tI a ~ i!1l (';e~CG- , 'M1 .~fte."j t ~ . (f-e-t .dttrr~3&/~~~ 1"1 r' """"'.-4 /. vJ ...J 1.1I, 'L( '''i!J-~.:t I'" uio..3,_tf</r p(/t/,~ ~l!),l(Jo('1s{c.""._tl.OIlJ I-I{_s_rnr~{;~ ",,-..1. ~ &~ . 'I"IZL <.<!"'l WL~_M{ I1-4JM - Ubi fMI.e I-z, -& 121< c:~ S-c)~ { f5 clattd . ~4-.k.- fdM-, The Roanoke Times --------------------------------------------------+------------------------ 1 1 1 1 C1T.JcLERK '07 MAY 01 PM 12:10 1 I I 1 1 1 1 i 1 I I 1 1 1 1 1 1 I I i 1 1__- The Roanoke Times Roanoke, Virginia Affidavit of Publication STEHANIE M. MOON CITY OF ROANOKE - CITY CLERK MUNICIPAL BLDG RM 456 ROANOKE VA 24011 REFERENCE, 10154151 10235282 Notice of Public Hea State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virg~~a. Sworn and subscribed before me this __J[~_day of May 2007. Witness my hand and o~al seal. -1--f4/1i&-"';// Mr com;;;;rstion NOTICE OF PUBLIC HEARING FOR.ROANOKE CITY . SCHOOL BOARD TRUSt:EES 'The Council of the City of Roanoke will hold a public hearing to receive the views of citizens regarding appointment of Roanoke City School Board Trustees at its regular meeting on Monday, May 7, at 2:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. Candidates for School Board Trustee' positions are; Michelle.Friedman, Mignon Chubb-Hale, Dolores Johns, Mark lucas, Vivian Sanchez-Jones, Patrick Kenney, 'Suzanne Moore, Courtney Penn, and Court Rosen. The Council will elect two School Board Trustees for three-year terms of office commencing July 1, 2007, and fill the unexpired term of William lindsey, commencing July 1, 2007, and ending June 30, 2008, at a regular meeting to be held on Monday, May 21, 2007, at 2:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber. If you are a person with a disability who needs accommodations for the public hearing, please contact the City Clerk's Office at. 853-2541, by Thursday. May 3. 2007. . I Stephanie M. Moon, CMC ! City Clerk I Notary Public _~~Lt~L211---. {, . PUB_LI SHED ON, '.04/27 o .' -~ _ \' (~t c :~"-'(' h S: ., TOTAL COST: FILED ON, 223.53 05/01/07 ~~ .. Authorized Signature: ~~- Billing Services Representative ----~-- CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone, (540) 853-2541 Fa" (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON. CMC City Clerk CECELlA R. TIREE Assistant Deputy City Clerk May 8, 2007 File #60-448 The Honorable Robert R..Altice, Chair Roanoke Valley Regional Cable Television Committee 616 South Maple Street Vinton, Virginia 24179 Dear Mr. Altice: I am enclosing copy of Resolution No. 37745-050707 approving the recommendation of the Roanoke Valley Regional Cable Television Committee with regard to the annual operating budget for Fiscal Year 2007-2008 for operation of the regional government and education access station, Roanoke Valley Television (RVTV, Channel 3), and for the City to provide partial funding. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 7,2007. Sincerely, ~h).~ Stephanie M. Moon, CMe City Clerk SMM:ew Enclosure The Honorable Robert R, Altice May 8, 2007 Page 2 pc: Diane S. Childers, CMC, Clerk, Roanoke County Board of Supervisors, P. 0, Box 29800, Roanoke, Virginia 24018 Brenda J. Holton, CMC, Deputy City Clerk, Roanoke County Board of Supervisors, p, O. Box 29800, Roanoke, Virginia 24018 Darleen R. Bailey, Clerk, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia 24179 Elaine Bays, Station Manager, Roanoke Valley Regional Cable Television, 541 Luck Avenue, S. W., Suite 145, Roanoke, Virginia 24016 Michael V. Pedelty, Director of Community Relations, Cox Communications, p, O. Box 13726, Roanoke, Virginia 24036 Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Melinda B, Mayo, Public Information Officer JJ 1'(; IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2007. No. 37745-050707. A RESOLUTION approving the recommendation of the Roanoke Yaney Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 2007-2008 for the operation of the regional government and educational access station, Roanoke Yaney Television (RVTV, Channel 3), and for the City to provide partial funding. WHEREAS, the Roanoke Valley Regional Cable Television Committee (Committee) has reviewed and approved the annual budget for the Fiscal Year 2007-2008 for the operation of RVTV and has requested that the City of Roanoke approve that budget; WHEREAS, the Committee is comprised of representatives from the City of Roanoke, Roanoke County, and the Town of Vinton and these jurisdictions have agreed to provide funding for the purposes for which the Committee was created, including the support of the operation of a regional government and educational access station, RVTV; WHEREAS, such jurisdictions have agreed to provide funding as provided for in the agreement creating the Cornmittee and the Committee has recommended that the City of Roanoke provide partial funding to RVTV in the amount of $176,650.00, which is within the limits provided for in the agreement; and WHEREAS this Council desires to approve the recommendation of the Cornmittee and provide partial funding as requested by the Committee. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as fonows: 1. The annual budget of $339,711.00 for Fiscal Year 2007-2008 for the operation of the regional government and regional educational access station, RVTV, as set forth in a letter to this Council 4att(4MiI~}, .~Q,o!,. is hereby approved. - L;., - . ..,- ,.,',1; i.l '"..',' '.'J ,[1;":( .I,: !"_';(:i K:\My Documents\Susan Documents\Tegenkamp\Measures\RVTV 2007 budget.doc 1 2. The amount of $176,650.00 will be provided by the City of Roanoke as its prorata share for the annual operational budget for RVTV for the Fiscal Year 2007-2008 as requested in the letter to this Council dated May 7, 2007. ATTEST: ~"'M.~ ',' City Clerk. , K:\My Documents\Susan Documents\Tegenkamp\Measures\RVTV 2007 budget.doc 2 CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 May 7, 2007 Council Members: Alfred T. Dowe, Jr. Beverly T. Fitzpatrick, Jr. Shennan P. Lea Gwen W. Mason David B. Trinkle Brian J. Wishneff C. NELSON HARRIS Mayor The Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, Virginia Subject: 2007-08 RVTV Budget Dear Mayor Harris and Members of City Council: The City of Roanoke, the County of Roanoke, and the Town of Vinton jointly operate Roanoke Valley Television (RVTV, Channel 3). The initial equipment and facility for the television studio were funded through a 1991 capital grant from Cox Communications. The three localities negotiated a new franchise agreement with Cox which started on Nov. 1, 2003 and included another capital grant to help provide for continued updating of RVTV's capital equipment. However, operating costs for RVTV are funded by contributions from the three localities. The station is located at Jefferson Center and currently employs five full.time staff members. The staff produces original video productions, monthly television shows, and covers live government meetings for the local governments and their school systems. Programming is cablecast on Cox Communications, Channel 3. RVTV is governed by the Roanoke Valley Regional Cable Television Committee, which includes representatives from the City, the County, and the Town of Vinton. On June 8, 1 992, City Council approved the Roanoke Valley Regional Cable Television Committee Agreement, which requires that the RVTV Operating Budget be approved by the governing bodies of the City, the County, and the Town. Funding by the three localities is based on the annual proportion of Cox subscribers located in each jurisdiction. For the City of Roanoke in 2006-2007, RVTV produced 12 Inside Roanoke shows, 12 Spotlight on City Schools shows, 24 City Council meetings (includes one special session), and 27 original video productions for the City of Roanoke (22 for the City of Roanoke; 5 for City Schools) and 4 joint City.County productions. The Roanoke Valley Regional Cable Television Committee approved the attached RVTV Operating Budget for Fiscal Year 2007.08 (Attachment) at its March 7, 2007 meeting. This budget amounts to $339,711.00 and is a S.3 percent increase from the current year's budget of $322,563. Additional Information Cable Television staff is carried on the County's payroll and benefit system and will receive the same salary increase and insurance costs as other County employees. The proposed budget includes funding for closed captioning services for both the City Council and Board of Supervisors Meetings. The Honorable C. Nelson Harris, Mayor and Members of City Council May 7, 2007 Page 2 Fiscal Impact Cox Communications paid a 5% Franchise Fee to the local governments in 2006, which totaled $2,051,056. The local governments have informally agreed to allocate up to 20% of the Franchise Fees collected to the RVTV Operating Budget. For the coming year, that amount would be $410,211. RVTV's requested budget of $339,711 is less than that amount. Cox calculates the percentage of subscribers (December 31, 2006) in each locality as follows: Locality Roanoke Roanoke County Vinton Total Subscribers 29,366 24,475 2.610 56,4S1 Percentage 52% 43% 5% 100% Based on those figures, each locality's contribution to the RVTV Operating Budget of $339,711 would be as follows: Local ity Roanoke Roanoke County Vinton Total Contribution for FY07-08 $1 76,650 $146,076 $ 16,985 $339,711 On behalf of the City's representatives to the Roanoke Valley Regional Cable Television Committee, and as City Council's representative to that Committee, I am pleased to recommend that City Council approve the proposed RVTV budget for Fiscal Year 2007-08 in the amount of $339,711, with the City's contribution totaling $176,650. DBT:mm Attachment Sincerely, l I'"'"'. t)' ~f .j. G.' I '{" " r :";;i'- ii'., i ; / ti ' ! / i ,,1 / /,-f~ David B. Trinkle Vice.Mayor pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Sherman M. Stovall, Director of Management and Budget Elaine B. Simpson, Station Manager, RVTV Robert A. Altice, Chair, Regional Cable Television Committee Michael V. Pedelty, Director of Community Relations, Cox Communications Gary E. Tegenkamp, Assistant City Attorney Melinda B. Mayo, Public Information Officer f) Kisc. 5/03/07 City Council TOWN OF VINTON 311 So. Pollard Street VINTON, VIRGINIA 24179-2531 PHONE (540) 983-0007 FAX (540) 983-0026 'f" P '" '.m'" ''1", ~.'- ,r-. t'I,i,' ,j.., ~J", "", j.r.;J..:.);; . '::':t> '~~.'. ' . .:.'~' ..' . ., April 30, 2007 Ms. Elaine Simpson, Cable Access Director Roanoke Valley Regional Cable Television 541 Luck Avenue, S.W., Suite 145 Roanoke, VA 24016 Re: RVTV 2007/2008 Operating Budget Dear Ms. Simpson: Darleen R. Bailey Town Clerk ~ Please be advised that the Vinton Town Council, at their regular meeting of April 17, 2007, approved the FY 2007/2008 Roanoke Valley Cable Television operating budget in the amount of $340,841, for operation of the regional cable access Channel 3, and for the Town's proportionate share of funding in the amount of $17,042.00. For your information, attached is a copy of Resolution No. 1726 approving the budget. Advise if you have questions or need additional information. Sincerely, f)GA1u- 1<. ~ Darleen R. Bailey Town Clerk Attachment pc: Robert R. Altice, Chairman, Roanoke Valley Television Committee Stephanie Moon, Clerk, Roanoke City Council Diane S. Childers, Clerk to the Roanoke County Board of Supervisors Barry W. Thompson, Finance Directorrrreasurer dbai ley@town.vinton.va.us RESOLUTION NO. 1726 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, APRIL 17,2007, AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. WHEREAS, the Town of Vinton, along with Roanoke COooty and the City of Roanoke pursuant to ordinance, have established the Roanoke Valley Regional Cable Television Committee, in part to assist with the development of educational channels and governmental access cable programming; and, > . ~ WHEREAS, by Resolution No. 817 adopted March 3, 1992, Town Cooocil authorized one percent (1 %) of gross revenues collected from Cox Communications as franchise payments to be dedicated to development, operation, and. administration of the institutional network and educational and governmental cable access; and, WHEREAS, each member jurisdiction annually approves the operating budget prepared by the . Cable TV Government Access Director and recoiIll;l1ended by the Roanoke Valley Regional Cable Television Committee for operation of the cable access Channel 3. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Cooocil does hereby approve the 2007-2008 operating budget in the amooot of $340,841, of which Vinton's allocation based on subscribers is 5%, or the amooot of$17,042 of the total budget. This resolution adopted on motion made by Cooocilman Rotenberry, and seconded by Vice Mayor Obenchain, with the following votes recorded: AYES: Altice, Fidler, Obenchain, Rotenberry and Mayor Grose NAYS: None APPROVED: ~f:~ ' adley . rose, r ATTEST: D~eT!~ Misc. 5/03/07 City Council TOWN OF VINTON 311 So. Pollard Street VINTON, VIRGINIA 24179-2531 PHONE (540) 983-0007 FAX (540) 983-0626 Darleen R. Bailey Town Clerk ~ '(r.': j in l() \\.~".! 'i1l.jt :W":ij- '{T I :-! April 30, 2007 Mr. John Hubbard, CEO Roanoke Valley Resource Authority 102 Hollins Road Roanoke, Virginia 24012 Dear Mr. Hubbard: Attached is a copy of Resolution No. 1727 approving the Roanoke Valley Resource Authority budget for fiscal year 2007-2008. This resolution was adopted by Vinton Town Council at their regular meeting on Tuesday, April 17, 2007. Please advise if you need any further information. , Sincerely, f)~It3~ Darleen R. Bailey Town Clerk Enclosure cc: , Stephanie Moon, Clerk, Roanoke City Council Diane S. Childers, Clerk, Roanoke County Board of Supervisors Barry W. Thompson, Finance Director/Treasurer dbailev@vintonva.gov ..j .....-.\ RESOLUTION NO. 1727 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, APRIL 17, 2007, AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Town of Vinton, along with Roanoke County and the City of Roanoke are Charter Members of the Roanoke Valley Resource Authority (RVRA); and, WHEREAS, in accordance with the "Members Use Agreement", the annual budget of the Authority must be submitted for approval by each of the various member jurisdictions; and, WHEREAS, on March 28, 2007, the RVRA approved its 2007-2008 annual budget in the amount of$9,353,719 to be submitted for approval. NOW THEREFORE BE IT RESOLVED, that the Vinton Town Council does hereby approve the 2007-2008 operating budget in the amount of $9,353,719 to operate the Roanoke Valley Regional Landfill and Transfer Station. Adopted on motion made by Councilman Rotenberry, and seconded by Councilman Altice, with the following votes recorded: AYES: Altice, Fidler, Obenchain, Rotenberry and Mayor Grose NAYS: None ATTEST: ~-R~ Darleen R. Bailey, Town Clerk ~ .. Misc. 513/07 Council I City Manager QIount\! of ~oanolte DIANE S. CHILDERS. CMC CLERKTOTHE BOARD Email: dchilders@roanokecountyva.gov P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (540) 772-2193 BRENDA J. HOLTON. CMC DEPUTY CLERK Email: bhollon@roanokecQuntyva.gov April 25, 2007 Ms. Elaine Simpson RVfV Cable Access Director 541 Luck Ave., S.w., Suite 145 Roanoke, VA 24016 Dear Ms. Simpson: Attached is a copy of Action 042407-3 approving the RVfV budget for fiscal year 2007 -2008. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, April 24, 2007. If you need further information, please do not hesitate to contact me. Sincerely, , ~~. cJJM Diane S. Childers, CMC Clerk to the Board of Supervisors Enclosure cc: Stephanie Moon, Clerk, Roanoke City Council Darleen Bailey, Clerk, Vinton Town Council 'f, .l,i ;-:~.. ::l..~ i, i' i) j<~ ,f1.! ./ .::..' ' ACTION NO. A-042407-3 ITEM NO. E-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER , MEETING DATE: April 24, 2007 AGENDA ITEM: Request to approve fiscal year (FY) 2007-2008 Roanoke Valley Television (RVTV) budget. SUBMITTED BY: Elaine Bays-Simpson Cable Access Director Elmer C. Hodge County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County, the City of Roanoke, and the Town of Vinton jointly operate Roanoke Valley Television (RVfV, Channel 3). The initial equipment and facility for the television studio were funded through a capital grant from Cox Communications. The station is located at the Jefferson Center and currently employs five full-time staff members. The staff produces original video productions, monthly television shows, and covers live government meetings for the local governments and their school systems. Programming is cablecast on Cox Communications, Channel 3 and Com cast, Channel 3 in the West County area. RVfV is governed by the Roanoke Valley Regional Cable Television Committee, which includes representatives from the City, the County, and the Town. The operational budget for RVfV is provided by the three governments based on the proportion of Cox customers located in each jurisdiction. The governing bodies have informally agreed to provide up to 20 percent of the franchise fee paid by Cox Communications to fund the operations of the facility. Roanoke County's share of the cable budget is 43 percent. . ,., ,.', .,....>'1 ,.;'~ 'I'f: 1":1 RVfV staff is carried on the Co i.irity; 5 'payroll and benefit system and will receive the same salary increase as County employees. During 2006-2007, Roanoke Valley Television produced a total of 106 video productions for the three localities and their school systems. Rvrv produced 45 original videos and television shows and covered 23 live Board meetings for the County. A few examples of Rvrv productions include: (1) the BG US Challenge, (2) a T.E.K. Camp highlight video, and (3) Roanoke County Schools specialty centers. Rvrv produces monthly the television shows "Roanoke County Today," which highlights local government issues and events and "Accent Excellence," for the Roanoke County School System. The approximate rate for video production in the private sector is $1,500 per finished minute. Rvrv produced 954 minutes (15 hours & 54 minutes) of original programming and television shows for the County. FISCAL IMPACT: The total Rvrv budget request is $339,711 of which Roanoke County's share is 43 percent, or $146,076. This is a $7,374 increase (5.3 percent) from last year's budget. The increase excluding personal services (VRS, health insurance, salaries, etc.) is $2,759. The total franchise fee paid by Cox Communications to Roanoke County last year was $896,454. ALTERNATIVES: Alternative 1: Adopt the FY 2007-2008 Rvrv operating budget (attached). Alternative 2: Do not adopt the FY 2007-2008 Rvrv operating budget. STAFF RECOMMENDATION: The Roanoke Valley Regional Cable Television Committee recommends that the Board adopt Alternative 1, and approve the FY 2007-2008 Rvrv operating budget. 2 '. VOTE: Supervisor Altizer motion to approve staff recommendation (approve and adopt the RVTV operating budget for fiscal year 2007-2008) Motion Approved Yes No Absent Mr. Wray [gJ D D Mr. Church [gJ D D Mr. Altizer [gJ D I- D Mr. Flora [gJ D D Mr. McNamara [gJ D D c: Elaine Simpson, Director, RVTV Rebecca Owens, Director, Finance Stephanie Moone, Clerk, Roanoke Clerk of Council Darleen Bailey, Vinton Clerk of Council 3 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 City Web: www.roanokeva.gov May 7, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr" Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian j. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Status Report: Affirmative Action and Diversity Initiatives for Calendar Year 2006 Introduction Every employee's unique perspective helps shape our culture and enhances the public service experience for our citizens and for the rest of our employees, Our citizens understand that we are committed to having a diverse workforce. Our employees understand that we are committed to fostering a culture where the best people want to work, where people are promoted on their merits, where we value and demand respect for others, and where opportunities to grow and excel are widely available. A diverse workforce understands citizens better and is more creative and innovative on their behalf. In turn, this translates into better services for our citizens. As this overview demonstrates, in 2006 we made progress instilling the principles of diversity and inclusion throughout our organization. We still have work to do in this area and we believe more than ever that our diversity is a key factor in achieving our goal of improved government service. As one of the largest employers in the Roanoke Valley, the City of Roanoke continues to capitalize on opportunities to engage the talents and contributions of our diverse community. Duringcalendir'year 2006, emphasis remained on increasing the diversity of the workforce and our capacity to be successful in an inclusionary work environment. Attachment 1 provides a snapshot overview of the City's gender and racial diversity and Attachment 2 provides a more detailed analysis. Honorable Mayor and Members of City Council May 7, 2007 Page 2 Gender Distribution of Staff A review of 2006 employment data shows that women comprise 35.9% of City employees. There was minimal variation from the 2005 figure of 36,1 %, An area of concern is the loss of females in the protective service category. Racial Distribution of Staff People of color comprise 20.6% of City employees, thus lagging Roanoke Census figures (31.2%), The City exceeds Roanoke EEOC Workforce figures (17.5%), There was minimal variation from the 2005 figure of 21.9%. An area of concern is the loss of employees of color in the protective service category. New Hires & Promotions Employment data for 2006 shows that 18,5% of new hires and 20.9% of employees promoted were people of color. The promotions statistic reflects an increase of 1.5% over last year's figure of 19.4% and the new hire statistic reflects a decrease of 2.4% from last year's figure of 20,9%, Specifically, the City made positive strides over the p'revious year's figures in hiring 3% more males of color for professional and paraprofessional positions and 36% more females of color for paraprofessional positions. From the promotional perspective, the City promoted almost 22% more females of color into professional positions and 10% more males of color into paraprofessional positions. Of concern is the decline in minority new hires in the professional and protective service categories, in addition to the decline of female new hires in the professional category. Attracting Talent During 2006 our recruitment efforts continued to explore and develop broader avenues to attract talent and seek out diverse applicants. The Department of Human Resources consistently informed the public and surrounding areas about career opportunities with the City of Roanoke by attending over 20 career fairs. Career fairs included: . Career Premier in Roanoke . UVA's Diversity Career Day . Ferrum College job Fair . Radford University Career Fair . Roanoke Times Careerfest . Virginia Tech Directions Fair . Valley View Mall job Fair . Piedmont Valley Community College . ODU Regional Diversity Career Fair . Dabney Lancaster Community College . TAP This Valley Works job Fair . CIAA Career Fair . Virginia High-Tech Fair . MEAC Career Expo . The Black Engineers of the Year Awards Conference . UNCG Greensboro Spring EXPO . American Library Association . Camp Lejeune military base . East Carolina University . North Carolina Career Consortium . john jay Criminal justice Academy Honorable Mayor and Members of City Council May 7, 2007 Page 3 Within the City of Roanoke we also continued our outreach efforts at the community college and high school level. Classroom visits to both area high schools included topics such as "Workplace Etiquette", "We Two Live on Earth - How to Market Yourself Like a Business", "Resume Writing", and "Preparation for the Job Market - What to Know." Human Resources continued to strengthen its partnerships with Police, Sheriff and Fire/EMS in our collective effort to increase diversity in public safety by encouraging joint participation at local job fairs and military bases, Other efforts included speaking engagements with area high schools, after school groups, and local civic groups, Additional efforts with other departments included utilizing the "Connect Database" where young adults register through Economic Development. Those persons who indicated an interest in public safety, library or engineering served as another resource/pool of potential applicants. As a result of all of these efforts, the City of Roanoke processed over 9,800 applications for employment during calendar year 2006; down approximately 200 from last year. From a gender perspective males accounted for S7% of applicants and females accounted for 43%. The racial diversity of all applications was 33% minority; up 1 % from last year's figures. Considerable success has been achieved in ensuring that hiring authorities have a diverse pool of applicants from which to select their staff members. Workforce Development We encourage our employees to fulfill profeSSional goals and aspirations within our organization, and we work to provide a wide range of workforce development and training initiatives to assist them in achieving productive and rewarding careers. Emphasis continues on strengthening "diversity capacity" within the organization. During 2006 a cross-functional team of employees was convened as the Diversity Advisory Council. The group participated in an experiential training program which allowed participants to understand the powerful effects that cultural diversity plays in every person's life, Made up of several employees representing departments throughout the organization, the Council focused on making diversity and inclusion a core value within the organization. Ongoing leadership programs provide employees opportunities to be prepared for advanced roles in leadership. Foundations for Leadership Excellence (FLE), Fire-EMS Leadership Academy (FLA), and the Leadership Development Initiative (LOI) support the profeSSional development of staff. During 2006, 29 women attended Foundations for Leadership Excellence and 13 women participated in the Leadership Development Initiative. Four employees of color participated in the Leadership Development Initiative. Honorable Mayor and Members of City Council May 7, 2007 Page 4 The Employee Development Program (EDP) is available to employees who desire to manage their own personal development through a variety of venues. The program works in conjunction with our Tuition Assistance program. During 2006, the total number of employees enrolled in EDP was 96; a decrease of 13%. This is largely due to retirement and attrition. Overall, the makeup of employees actively involved in formal and informal developmental pursuits during 2006 was 72 participants. Of the 72 active participants, 81 % were women and 42% were people of color. Next Steps To further engage the community and recruit more women and people of color, particularly in public safety positions, we must continue to refine our efforts through innovative recruitment and creatively tapping non-traditional venues. Such efforts currently underway include working with area high school counselors to connect job vacancies with newly graduated or graduating seniors, and speaking to young people in middle school, high school and special programs for youth about the value and merits of a career in public service. In addition, the Department of Human Resources is working with the Police Department to review academy entrance examinations and minimum standards for employment. We will also continue our encouragement and support of the Diversity Advisory Council who will work to provide direction to management as it relates to increasing our capacity for diversity and inclusion. This is a long-term commitment that requires constant attention, I am personally devoted to ensuring that the City of Roanoke is committed to public service, equal opportunity, and inclusion in the workplace. Respectfully submitted, Darlene L. Bu cham City Manage DLB:kg Attachments c: William M, Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, City Clerk R. Brian Townsend, Acting Asst, City Manager for Community Dev. James Grigsby, Assistant City Manager for Operations Keli Greer, Director of Human Resources CM07-00063 ,'5~~~~.'mJij~' This fact sheet presents a recent gender analysis of employment for the City of Roanoke. The United States, Virginia and Roanoke figures represent 2005 U.S. Census data. The Roanoke Workforce figures represent 2003 EEOC figures. The City of Roanoke figures represent 2006 staff data. Clerical h'Skill~d'CT~ft~,.J~:.:< Service/Maintenance 7 158 9 161 :t'rlf!!......-:_~~:iili~,i:~~.~4! . 118, ',. ,5. "118., ,~, .5- 102 18 99 17 -3 -1 Total # 1090 616 1107 620 ~~-':~'~~"',ci-c":'-"~; J,,;.;..;" .~~ ~-~Tr?~~jJI'i'?\t~. .!f--- :~:'''-~Ssr ~ . 0 ._Total Yo. ;!",,~_ ::~-:=:::::::::.:: ;;-_f)3,!9}'o,~"fj-36,;~.r'o,,,, E.6,4.,1%",~,35.9 Yo- 17 4 ~.012%~~:~O;2'ijk~; .','of., 4 -18 6'; '::::i:~3:~- :121, Clerical 2 tS~marcr'Mt-~~( ~i~-?>~ ~12::'='-:1D 14 '0; ~,: 2 25 0 11 1'4'f ";';l'~tC"il~~O~ k:::-:2":~:" ..~O~ Service/Maintenance 22 3 23 2 -1 Total # 125 85 122 83 -3 .2 ~T6t~lho/~:Th~~~~~~ W59;:5D47r.;X~,401.~~~ ili5~.;~%~4_6t5~;~ ~_()~oo/i~~~~"O~~'i' w ;.~i. 17 21 14 12 .3 ="=,""~ .- 5' _21""""""",9, . ,,6 ' Protective Service 5 0 4 1 -1 '" --- - ,""'"'" ;::",.~~,"=""-."m;"'~'1"'~"""''''':-''''''-'Clt '1"" ,".F.'ara+ rdfessionalr"-; ~~1!i!~~g~: :,:'_~'<''::~~0~lJ;I'':::>l'"''..''J;i'41!~''' '~1' Clerical 1 8 2 8 1 0 rskillei:tCf~ft[~~.!' ~ !~iilii'16tir.~~~ ~~1"'4;'i~.';:~,,=1m i~~2~~1ffi Service/Maintenance 0 1 2 2 0 Total # 61 33 67 39 6 6 ~r5W~~~~~1~ iti!K9~i~t~~~~t:W~~ ~~~.6~~~%~a~ili:%~ ~1~~o~~~}~_~ I' ~{~..~.~I'l,~,~!:~':i:r; ;R1~:r,__~~l~fttg;~i:r;;I-j ::::l'~'f;,~i 70% 60% 50% 40% 30% 20% 10% 0% Male o Untted States o Roanoke II City of Roanoke Female e Virginia a Roanoke Workforce 1"~~~~~~"Ic'liM MJ.le o 2005 0 2006 Female 1~~~I~~~~)i1l";' ,'4l .,',-:'-.,,--,.- ";'_,"';-""'-'"J.~'.<_:.;'.>''.>'" __"., ,__""," :;.h >. "-',>';,,,,__, ,JO'y . . -- '~~~e"~~~;:\. 70% 60% 50% 40% 30% 20% 10% 0% Male Female o 2005 [] 2006 ~W~l1<Jl9:I~"[ D'.~ This fact sheet presents a recent racial analysis of employment for the City of Roanoke. The United States, Virginia and Roanoke figures represent 2005 U.S. Census data. The Roanoke Workforce figures represent 2003 EEOC figures. The City of Roanoke figures represent 2006 staff data. '.<.k. ^,..>:/'.', H -'<"l!0~,,~:''C''::\;'' ,.,'-~- " )6frrb1;~i~)M"'~nag'er~ ;;,;~~26~X'5),q,:~~ ~::JJj~-~~74~b~ Professionals 74 8 ~:tecl'-nici~nsi!!!}.~ ,f:~;, sf ~""", :.tr Protective Service 483 62 6 483 51 6 'R~ra-c'rofessionkl'ii:: ~41ii:i ;~1~'l[;'o'i) ..l'1'lii!:i ,.'ffl~O: Clerical 126 39 0 128 42 0 2 3 0 "'S"kltrea"Craft~' ,~~~ '~~~~'8SJE;?:~37~ci~ ~91~~~'?'d~;;!:=Oi! ~- -~J'5, .~ ,~""~5~tl -;c:rnb:: Service/Maintenance 56 62 2 55 59 2 -1 -3 0 Total # 1333 353 20 1371 339 17 38 -14 -3 mtal~.%~~~~' w,r~~o_:7o/;:;~1~~ b~~~'916~/o'l:!tl~o%i ~1'r3ok~~1:r~~~~ o o 1 44 2 0 .b,&"'li5':i;;'ii~-lilli\~::i I'. Clerical 11 5 0 20 7 0 9 2 0 tSkilled.Criift~.:~~'.:;~~' 'r.:-:r:;g;;;,-:....~i.~._~lI~ !@fij}. ii::-~..:.r3g~.;;it~':II:#h'~,:.":"=.l..:':01: ':i:.t';~;;;b.4:-~~2i., .,~:,;, (i~ Service/Maintenance 17 8 0 15 10 0 -2 2 0 Total # 166 40 4 167 38 0 1 -2 -4 ~T6tW%SJ:iEi;~ ~79!O%~11'9;Oo/~9o/df ~81?5%~i8j.5~~~'O:O%$ ~2Th%~f5%ifl~?1"f90~ Professionals 'Tech~icians- - ;f'~:i' Protective SelVice 0 0 Pa"ra:Rr6fe~~ion~'I~ , l~O~ J!'"l''"' Clerical 6 3 0 8 2 0 2 r~f~illeij!Craft' :f~r'''~?3 '?o~ ~12&~:3~1W~ r SelVice/Maintenance 0 0 1 2 0 0 2 Total # 75 18 0 83 20 2 8 2 2 EH"i!i';;,;jlwr"',:~J.~.' ~~. ....""...'~.~''li.l'%'''........~'lf1"'"....:tll!:. :'........l>;;;t'=. ". ~i!t ~...._'~...... ',;..;-... ---. -- --~."....~ ';:::;;;.'i;:l.'ii!;;~...~ ~.l:w:.J.:;r;i!'.fh. 'Il'~'-, 9Totalb%~\.,.:m, ,- ,.:.,; .. '. g80.6%~~19.4%h'2lEO.O%~ 1,79.0%.'::~J9TO%'~!'~f:90/o'% ~1~6"o;~~i:t4%.t~1~9,.oig I~~~r'" l ~~;J~DJ~'i!b'jji;!t"':i1" .:-: .:',' . _'.'- .::> '.':' '.' "...," ..'",;,..'...."',;.',,...., .<"{.". '" ,'?;I"~''''.. :'i':","",:./.:""~~:,,,,''-:,''>>'., White Black ltli1ed States CI Virginia Roanoke V\brkforce. City of Roanoke Other o Roaooke r ~ttJi~~a~~t~;.f'l '.:"':,.'+.,.'h""-":-<;'_:'.,,:.""i.",,~., ". :- >'''~"",,~. '''''.;;...,,'w,' ',..,':.,'"' ':"-"""":'1:'.c1~<:)-" 60% 50% "I, 40% Egj 30% 20% 10% '"J'" 0% ;;ji; ':l;l1 ~ ~ White Black o 2005 0 2006 Other ~~ ~{i~ 100% 80% 60% 40% 20% 0% Wh~e Black Other o 2005 0 2006 Attachment 2 - Page 1 CITY OF ROANOKE EMPLOYMENT ANALYSIS by Number of Employees December 31,2006 OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITE BLACK OTHER MALES MALES MALES FEMALES FEMALES FEMALES OFFICIALS/MANAGERS 29 17 2 0 8 2 0 PROFESSIONALS 374 130 15 4 160 61 4 TECHNICIANS 307 184 24 0 74 24 1 PROTECTIVE SERVICE 540 439 37 5 44 14 1 PARA-PROFESSIONAL 68 17 7 0 24 20 0 CLERICAL 170 4 5 0 124 37 0 SKILLED CRAFT 123 86 32 0 5 0 0 SERVICE/MAINTENANCE 116 49 48 2 6 11 0 TOTAL 1727 926 170 11 445 169 6 TOTAL PERCENTAGES 100.0% 53.6% 9.8% 0.6% 25.8% 9.8% 0.3% CITY OF ROANOKE EMPLOYMENT ANALYSIS by Number of Employees December 31, 2005 OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITE BLACK OTHER MALES MALES MALES FEMALES FEMALES FEMALES OFFICIALS/MANAGERS 31 18 2 0 8 3 0 PROFESSIONALS 351 117 14 4 152 60 4 TECHNICIANS 301 176 21 2 70 30 2 PROTECTIVE SERVICE 551 437 45 5 46 17 1 PARA-PROFESSIONAL 64 15 7 0 26 16 0 CLERICAL 165 4 3 0 122 36 0 SKILLED CRAFT 123 81 37 0 5 0 0 SERVICE/MAINTENANCE 120 49 51 2 7 11 0 TOTAL 1706 897 180 13 436 173 7 TOTAL PERCENTAGES 100.0% 52.6% 10.6% 0.8% 25.6% 10.1% 0.4% Attachment 2 - Page 2 CITY OF ROANOKE EMPLOYMENT ANALYSIS by Category and Percent December 31, 2006 OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITE BLACK OTHER MALES MALES MALES FEMALES FEMALES FEMALES OFFICIALS/MANAGERS 100.0% 58.6% 6.9% 0.0% 27.6% 6.9% 0.0% PROFESSIONALS 100.0% 34.8% 4.0% 1.1% 42.8% 16.3% 1.1% TECHNICIANS 100.0% 59.9% 7.8% 0.0% 24.1% 7.8% 0.3% PROTECTIVE SERVICE 100.0% 81.3% 6.9% 0.9% 8.1% 2.6% 0.2% PARA-PROFESSIONAL 100.0% 25.0% 10.3% 0.0% 35.3% 29.4% 0.0% CLERICAL 100.0% 2.4% 2.9% 0.0% 72.9% 21.8% 0.0% SKILLED CRAFT 100.0% 69.9% 26.0% 0.0% 4.1% 0.0% 0.0% SERVICE/MAINTENANCE 100.0% 42.2% 41.4% 1.7% 5.2% 9.5% 0.0% TOTAL NUMBER 1727 926 170 11 445 169 6 TOTAL PERCENTAGES 100.0% 53.6% 9.8% 0.6% 25.8% 9.8% 0.3% CITY OF ROANOKE EMPLOYMENT ANALYSIS by Category and Percent December 31,2005 OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITE BLACK OTHER MALES MALES MAlES FEMALES FEMALES FEMALES OFFICIALS/MANAGERS 100.0% 58.1% 6.5% 0.0% 25.8% 9.7% 0.0% PROFESSIONALS 100.0% 33.3% 4.0% 1.1% 43.3% 17.1% 1.1% TECHNICIANS 100.0% 58.5% 7.0% 0.7% 23.3% 10.0% 0.7% PROTECTIVE SERVICE 100.0% 79.3% 8.2% 0.9% 8.3% 3.1% 0.2% PARA-PROFESSIONAL 100.0% 23.4% 10.9% 0.0% 40.6% 25.0% 0.0% CLERICAL 100.0% 2.4% 1.8% 0.0% 73.9% 21.8% 0.0% SKILLED CRAFT 100.0% 65.9% 30.1% 0.0% 4.1% 0.0% .0.0% SERVICE/MAINTENANCE 100.0% 40.8% 42.5% 1.7% 5.8% 9.2% 0.0% TOTAL NUMBER 1706 897 180 13 436 173 7 TOTAL PERCENTAGES 100.0% 52.6% 10.6% 0.8% 25.6% 10.1% 0.4% '" Q) Ol III 0.. 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W C (fJ(fJ(fJ(fJ(fJ(fJ(fJ ~~~~~~~ >->->->--' 0::0::0::0::0::0::0::0::0:: """"o::o::o::~ 0000000<c<c OOOOWWWO ~~~~~~~O::O::LLLLLLLLLL6666~~~1- UUUUUUUI-I-~~~~~ZZZZ(fJ(fJ(fJO ~~~~~~~~~O::O::O::O::O::IIII<C<C<CZ 1ll1ll1ll1ll1ll1ll1ll""WWWWWUUUUWWW<C ~~~~~~~WWIIIIIWWWWO::O::O::O:: a.o..a.a.a.a.a.O::O::(fJ(fJ(fJ(fJ(fJI-I-I-I-I-I-I-" Attachment 2 - Page 7 CITY OF ROANOKE NEW HIRE ANALYSIS by Number of Employees December 31 , 2006 OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITE BLACK OTHER MALES MALES MALES FEMALES FEMALES FEMALES OFFICIALS/MANAGERS 1 0 0 0 1 0 0 PROFESSIONALS 47 17 3 0 24 3 0 TECHNICIANS 34 14 2 0 14 4 0 PROTECTIVE SERVICE 46 40 2 0 4 0 0 PARA-PROFESSIONAL 11 3 2 0 2 4 0 CLERICAL 27 0 2 0 20 5 0 SKILLED CRAFT 14 13 1 0 0 0 0 SERVICE/MAINTENANCE 25 14 9 0 1 1 0 TOTAL NUMBER 205 101 21 0 66 17 0 TOTAL PERCENTAGES 100.0% 49.3% 10.2% 0.0% 32.2% 8.3% 0.0% CITY OF ROANOKE NEW HIRE ANALYSIS by Number of Employees December 31. 2005 OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITE BLACK OTHER MALES MALES MALES FEMALES FEMALES FEMALES OFFICIALS/MANAGERS 2 2 0 0 0 0 0 PROFESSIONALS 59 12 2 1 32 11 1 TECHNICIANS 22 8 2 0 8 3 1 PROTECTIVE SERVICE 68 56 4 0 5 2 1 PARA-PROFESSIONAL 6 2 0 0 4 0 0 CLERICAL 16 2 0 0 9 5 0 SKILLED CRAFT 12 9 3 0 0 0 0 SERVICE/MAINTENANCE 25 16 6 0 1 2 0 TOTAL NUMBER 210 107 17 1 59 23 3 TOTAL PERCENTAGES 100.0% 51.0% 8.1% 0.5% 28.1% 11.0% 1.4% Attachment 2 - Page 8 CITY OF ROANOKE NEW HIRE ANALYSIS by Category and Percent December 31, 2006 OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITE BLACK OTHER MALES MALES MALES FEMALES FEMALES FEMALES OFFICIALS/MANAGERS 100.0% 0.0% 0.0% 0.0% 100.0% 0.0% 0.0% PROFESSIONALS 100.0% 36.2% 6.4% 0.0% 51.1% 6.4% 0.0% TECHNICIANS 100.0% 41.2% 5.9% 0.0% 41.2% 11.8% 0.0% PROTECTIVE SERVICE 100.0% 87.0% 4.3% 0.0% 8.7% 0.0% 0.0% PARA-PROFESSIONAL 100.0% 27.3% 18.2% 0.0% 18.2% 36.4% 0.0% CLERICAL 100.0% 0.0% 7.4% 0.0% 74.1% 18.5% 0.0% SKILLED CRAFT 100.0% 92.9% 7.1% 0.0% 0.0% 0.0% 0.0% SERVICE/MAINTENANCE 100.0% 56.0% 36.0% 0.0% 4.0% 4.0% 0.0% TOTAL NUMBER 205 101 21 0 66 17 0 TOTAL PERCENTAGES 100.0% 49.3% 10.2% 0.0% 32.2% 8.3% 0.0% CITY OF ROANOKE NEW HIRE ANALYSIS. by Category and Percent December 31, 2005 OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITE BLACK OTHER MALES MALES MALES FEMALES FEMALES FEMALES OFFICIALS/MANAGERS 100.0% 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% PROFESSIONALS 100.0% 20.3% 3.4% 1.7% 54.2% 18.6% 1.7% TECHNICIANS 100.0% 36.4% 9.1% 0.0% 36.4% 13.6% 4.5% PROTECTIVE SERVICE 100.0% 82.4% 5.9% 0.0% 7.4% 2.9% 1.5% PARA-PROFESSIONAL 100.0% 33.3% 0.0% 0.0% 66.7% 0.0% 0.0% CLERICAL 100.0% 12.5% 0.0% 0.0% 56.3% 31.3% 0.0% SKILLED CRAFT 100.0% 75.0% 25.0% 0.0% 0.0% 0.0% 0.0% SERVICE/MAINTENANCE 100.0% 64.0% 24.0% 0.0% 4.0% 8.0% 0.0% TOTAL NUMBER 210 107 17 1 59 23 3 TOTAL PERCENTAGES 100.0% 51.0% 8.1% 0.5% 28.1% 11.0% 1.4% c Attachment 2 - Page 9 CITY OF ROANOKE PROMOTION ANALYSIS by Number of Employees December 31, 2006 OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITE BLACK OTHER MALES MALES MALES FEMALES FEMALES FEMALES OFFICIALS/MANAGERS 4 3 0 0 1 0 0 PROFESSIONALS 37 19 2 0 10 4 2 TECHNICIANS 30 16 5 0 7 2 0 PROTECTIVE SERVICE 5 4 0 0 1 0 0 PARA-PROFESSIONAL 4 0 0 0 2 2 0 CLERICAL 10 2 0 0 6 2 0 SKILLED CRAFT 15 11 3 0 1 0 0 SERVICE/MAINTENANCE 3 1 1 0 0 1 0 TOTAL NUMBER 108 56 11 0 28 11 2 TOTAL PERCENTAGES 100.0% 51.9% 10.2% 0.0% 25.9% 10.2% 1.9% CITY OF ROANOKE PROMOTION ANALYSIS by Number of Employees December 31, 2005 OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITE BLACK OTHER MALES MALES MALES FEMALES FEMALES FEMALES OFFICIALS/MANAGERS 2 2 0 0 0 0 0 PROFESSIONALS 26 9 0 0 10 7 0 TECHNICIANS 32 25 2 0 3 2 0 PROTECTIVE SERVICE 5 5 0 0 0 0 0 PARA-PROFESSIONAL 3 0 1 0 2 0 0 CLERICAL 9 0 1 0 6 2 0 SKILLED CRAFT 16 13 3 0 0 0 0 SERVICE/MAINTENANCE 1 0 0 0 1 0 0 TOTAL NUMBER 94 54 7 0 22 11 0 TOTAL PERCENTAGES 100.0% 57.4% 7.4% 0.0% 23.4% 11.7% 0.0% Attachment 2 - Page 10 CITY OF ROANOKE PROMOTION ANALYSIS by Category and Percent December 31, 2006 OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITE BLACK OTHER MALES MALES MALES FEMALES FEMALES FEMALES OFFICIALS/MANAGERS 100.0% 75.0% 0.0% 0.0% 25.0% 0.0% 0.0% PROFESSIONALS 100.0% 51.4% 5.4% 0.0% 27.0% 10.8% 5.4% TECHNICIANS 100.0% 53.3% 16.7% 0.0% 23.3% 6.7% 0.0% PROTECTIVE SERVICE 100.0% 80.0% 0.0% 0.0% 20.0% 0.0% 0.0% PARA-PROFESSIONAL 100.0% 0.0% 0.0% 0.0% 50.0% 50.0% 0.0% CLERICAL 100.0% 20.0% 0.0% 0.0% 60.0% 20.0% 0.0% SKILLED CRAFT 100.0% 73.3% 20.0% 0.0% 6.7% 0.0% 0.0% SERVICE/MAINTENANCE 100.0% 33.3% 33.3% 0.0% 0.0% 33.3% 0.0% TOTAL NUMBER 108 56 11 0 28 11 2 TOTAL PERCENTAGES 100.0% 51.9% 10.2% 0.0% 25.9% 10.2% 1.9% CITY OF ROANOKE PROMOTION ANALYSIS by Category and Percent December 31, 2005 OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITE BLACK OTHER MALES MALES MALES FEMALES FEMALES FEMALES OFFICIALS/MANAGERS 100.0% 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% PROFESSIONALS 100.0% 34.6% 0.0% 0.0% 38.5% 26.9% 0.0% TECHNICIANS 100.0% 78.1% 6.3% 0.0% 9.4% 6.3% 0.0% PROTECTIVE SERVICE 100.0% 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% PARA-PROFESSIONAL 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% CLERICAL 100.0% 0.0% 11.1% 0.0% 66.7% 22.2% 0.0% SKILLED CRAFT 100.0% 81.3% 18.8% 0.0% 0.0% 0.0% 0.0% SERVICE/MAINTENANCE 100.0% 0.0% 0.0% 0.0% 100.0% 0.0% 0.0% TOTAL NUMBER 94 54 7 0 22 11 0 TOTAL PERCENTAGES 100.0% 57.4% 7.4% 0.0% 23.4% 11.7% 0.0% ~~o ~._~,,'(-(A~,c:. . ,..\: .. ~@ . CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON. CMC City Clerk May 8, 2007 File #5-60-236-304 CECELIA R. 1YREE Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37746-050707 accepting the Anti-Gang Initiative funding grant made to the City from the U. S. Department of Justice through the Virginia Association of Chiefs of Police, administering agency, and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 7, 2007. Sincerely, ~rn,~ Stephanie M. Moon, CMC City Clerk 5MM:ew Attachment pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget A. L. Gaskins, Chief of Police ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2007. No. 37746-050707. A RESOLUTION accepting the Anti Gang Initiative funding grant made to the City from the U. S. Department of Justice through the Virginia Association of Chiefs of Police (V ACP), administering agency, 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 of Roanoke does hereby accept the Anti Gang Initiative funding grant offered by the U. S. Department of Justice in the amount of $39,979 upon all the terms, provisions and conditions relating to the receipt of such funds. The grant, which requires no match by the City, is more particularly described in the letter of the City Manager to Council, dated May 7,2007. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, any grant agreement and all necessary documents required to obtain, accept, implement, administer, and use the grant, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: ~'rn'h1e City Clerk. K:\My Documents\Susan Docurnents\Spencer\Measures\Anti Gang Initiative Grant 2007.doc d5~ .~cL~.~ '':-,' '. .")' . ~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk May 8, 2007 File #5-60-236-304 CECELIA R. TYREE Assistant Deputy City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37747-050707 appropriating funds from the U. S. Department of Justice Project Safe Neighborhood Program, through the Virginia Association of Chiefs of Police, for operation of a juvenile curfew center, and amending and reordaining certain sections of the 2006- 2007 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 7, 2007, and is in full force and effect upon its passage. 5incerely, ~M.h)D~ Stephanie M. Moon, CMC City Clerk 5MM:ew Attachment pc: Darlene L. Burcham, City Manager R. Brian Townsend, Acting Assistant City Manager for Community Development Sherman M, Stovall, Director, Office of Management and Budget A. L. Gaskins, Chief of Police ~"-> ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2007. No. 37747-050707. AN ORDINANGE"tpappropriatefunding from the U.S. Department of Justice Project Safe Neighborhood Program, through the Virginia Association of Chiefs of Police, for operation of a juvenile curfew center, amending and reordaining certain sections of the 2006-2007 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 2006-2007 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Temporary Employee Wages FICA Administrative Supplies Revenues Curfew Center Grant FY07 35-640-3559-1003 35-640-3559-1004 35-640-3559-1120 35-640-3559-2030 $ 20,000 15,280 2,699 2,000 35-640-3559-3559 39,979 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: :' I ~'fn"~ 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 Telcphonc, (540) 853-2333 Fa" (540) 853-1138 City Web: www.roanokeva.gov May 7, 2007 Honorable C. Nelson Harris, Mayor Honorable David B, Trinkle, Vice Mayor Honorable Alfred T. Dowe, jr., Council Member Honorable Beverly T. Fitzpatrick, jr" Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian j, Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Curfew Center Grant Background: The Virginia Association of Chiefs of Police (VACP) is the administering agency for grant funding provided through the U.s. Department of justice for the Western District of Virginia. One such area program is the Anti Gang Initiative; a component of the federal Project Safe Neighborhood program. The Initiative supports new prevention and enforcement efforts that combat gangs by building on effective strategies and partnerships. On April 9, 2007, the VACP awarded the Police Department $39,979 in Anti Gang Initiative funding to operate a juvenile Curfew Center for one year. There is no matching funds requirement, Through partnerships developed with juvenile Services, Social Services, and the School Administration, youths on the street, in violation of the curfew ordinance, will be taken to the center where they will receive counseling and referrals for additional programs. Removing children from the street, prior to committing criminal activity, will reduce the number of youths who enter the criminal justice system due to being out late at night and making poor choices. Honorable Mayor and Members of City Council May 7, 2007 Page 2 Recommended Action: Accept the Anti Gang Initiative funding and authorize the City Manager to execute the grant agreements and any related documents, subject to them being approved as to form by the City Attorney. Adopt the accompanying budget ordinance to appropriate funding totaling $39,979 to the expenditure accounts outlined below and establish corresponding revenue estimates in accounts established by the Director of Finance in the Grant Fund, Appropriation: Descriotion Account Amount Overtime Temporary Employee Wages FICA Administrative Supplies 1003 1004 1120 2030 $ 20,000 $ 15,280 $ 2,699 $ 2.000 $ 39,979 TOTAL Respectfully submitted, Darlene L. Bu cham City Manager DLB:gws c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Asst. City Manager for Community Dev. A. L. Gaskins, Chief of Police CM07-00061 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TIREE Assistant Deputy City Clerk May 8, 2007 File #60-72-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms, Burcham: I am attaching copy of Resolution No, 37748-050707 authorizing the acceptance of an Employee Advancement for TANF Participant grant under the Temporary Assistance to Needy Families Project from the Virginia Department of Social Services for the purpose of maintaining and improving existing services to eligible TANF recipients; authorizing the City of Roanoke to serve as the primary fiscal agent for the distribution of such funds to the provider agencies serving the Southwest Virginia Regional Employment Coalition; and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 7,2007. Sincerely, ~,.....~.~~,~frN Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Jane Conlin, Director of Human/Social Services 01G IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2007. No. 37748-050707. A RESOLUTION authorizing the acceptance of an Employee Advancement for TANF Participant grant under the Temporary Assistance to Needy Families (TANF) Project from the Virginia Department of Social Services (VDSS) for the purpose of maintaining and improving existing services to eligible TANF recipients; authorizing the City of Roanoke to serve as the primary fiscal agent for the distribution of such funds to the provider agencies serving the Southwest Virginia Regional Employment Coalition; and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant award under the Employee Advancement for T ANF Participant grant from the Virginia Department of Social Services, for the purpose of maintaining and improving existing services to eligible T ANF recipients for certain provider agencies which will enable them to obtain employment or, where appropriate, an alternate disability income, in the amount of$205,000.00, for a period commencing June 1,2007, through November 30, 2007, and may be extended through November 30, 2007, should additional funding become available; as set forth in the City Manager's letter to Council dated May 7, 2007, is hereby ACCEPTED, 2. The City of Roanoke shall be authorized to be the primary fiscal agent for this grant and shall be responsible for distributing the grant proceeds to the provider agencies serving the Southwest Virginia Regional Employment Coalition providing that Roanoke County may access $12,458.00 of such grant directly from the VDSS. 3. The City Manager is hereby authorized to execute any and all requisite documents, pertaining to the City's acceptance of these funds and to furnish such additional information as may R-SW V A Reg Employ Coalitioll 050707 be required connection with the City's acceptance of these grant funds. All documents shall be approved as to form by the City Attorney. ATTEST: tHPWI~h1. O\\)~ City. Clerk. \ R-SW VA Reg Employ Coalition 050707 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone, (540) 853-2541 Fa," (540) 853-1145 E~mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA R. lYREE Assistant Deputy City Clerk May 8, 2007 File #60-72-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37749-050707 appropnatlng funds from the Commonwealth of Virginia for the Southwest Virginia Regional Employment Coalition Grant, and amending and reordaining certain sections of the 2006-2007 Grant Fund Appropriations, The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 7, 2007, and is in full force and effect upon its passage. Sincerely, ~~.h)ot,v Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager R. Brian Townsend, Acting Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Jane Conlin, Director of Human/Social Services \>,-~:'. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2007. No. 37749-050707. . . ~ - .- . '" ,"-- ,"- .- ,.. AN ORDINANCE -to~ppr6priate fUnding from the Commonwealth of Virginia for the Southwest Virginia Regional Employment Coalition Grant, amending and reordaining certain sections of the 2006-2007 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 2006-2007 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services 35-630-8858-2010 Revenues SWVA Regional Employment Coalition FY07 35-630-8858-8858 $192,542 192,542 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ,,- "('1/\\/'/,_ . \ ,J ~m.~D~ ", 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 City Web: www.roanokeva.gov May 7, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Southwest Virginia Regional Employment Coalition Background: The City of Roanoke Department of Social Services, in collaboration with the local departments of social services in Roanoke County, Franklin County, Craig County and Botetourt County, along with Total Action Against Poverty, Blue Ridge Behavioral Healthcare, and Goodwill Industries of the Valleys, have been awarded additional funding for the Employment Advancement for TANF Participants grant from the Virginia Department of Social Services (VDSS) in the amount of $205,000. The agencies named have formed the Southwest Virginia Regional Employment Coalition. The grant is to assist citizens of our localities who are receiving Temporary Assistance to Needy Families (TANF) benefits to obtain employment or, where appropriate, an alternative disability income. The funds are available for use from June 1, 2007, through November 30, 2007, and it is anticipated that additional funding will be received to extend the grant through November 30, 2007. The City of Roanoke is to be the primary fiscal agent for this grant, and it is to be responsible for distributing the grant proceeds to the-'provider agencies for services provided to the local DSS agencies, except that $12,4S8 of the total grant may be accessed by Roanoke County directly from the VDSS. Honorable Mayor and Members of City Council May 7, 2007 Page 2 Considerations: The above grant funding is required to maintain and improve existing services to the TANF population that will enable it to obtain employment or, where appropriate, an alternative disability income. Recommended Action: Authorize the City Manager to execute all appropriate documents related to acceptance of the additional funding. AII'documents shall be upon form approved by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $192,542 and to appropriate funding of the same amount to an expenditure account to be established in the Grant Fund by the Director of Finance. Darlene L. Bu cham City Manager DLB:tem c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Asst. City Manager for Community Dev. Sherman M. Stovall, Director of Management and Budget Jane R. Conlin, Director of Human/Social Services CM07-00055 ~...~" ~. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone, (540) 853-2541 Fa" (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA R. lYREE Assistant Deputy City Clerk May 8, 2007 File #60-72-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37750-050707 authorizing the acceptance of a one time grant to the City of Roanoke Department of Social Services from the Virginia Department of Social Services for the purpose of assisting in the recruitment and training of child care providers to eligible Temporary Assistance to Needy Families recipients; and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 7,2007. Sincerely, ~~''rr)ao-N Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance' R. Brian Townsend, Acting Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Jane Conlin, Director of Human/Social Services oiG IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2007. No. 37750~050707. A RESOLUTION authorizing the acceptance of a one time grant to the City of Roanoke Department of Social Services from the Virginia Department of Social Services for the purpose of assisting in the recruitment and training of child care providers to eligible Temporary Assistance to Needy Families (T ANF) recipients; and authorizing execution of any and all necessary documents to comply with the terms .and conditions ofthe grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant in the amount of$l 0,000.00 awarded to the City of Roanoke Department of Social Services from the Virginia Department of Social Services for the purpose of assisting in the recruitment and training of child care providers to eligible T ANF recipients, as set forth in the City Manager's letter to Council dated May 7,2007, is hereby ACCEPTED. 2. . The City Manager is hereby authorized to execute any and all requisite documents, pertaining to the City's acceptance ofthese funds and to furnish such additional information as may be required in connection with the City's acceptance of these grant funds. All documents shall be approved as to fOf!ll by the City Attorney. ATTE T: ,,' 'rv). h-tDfhov CitY: Clerk. , " R-Auth Accept Funds from VDSS - child care providers 050707 fi.~."..oCI.... 'i'- . ,-'it .:. JI..i: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephon" (540) 853-2541 Fa" (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk CECELlA R. lYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk May 8, 2007 File #60-72-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37751-050707 appropriating funds from the Commonwealth of Virginia for the Child Care Provider Training Grant, and amending and reordaining certain sections of the 2006-2007 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the' City of Roanoke at a regular meeting held on Monday, May 7, 2007, and is in full force and effect upon its passage. Sincerely, A-q,D~ 6'n. 'rrJo~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager R. Brian Townsend, Acting Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Jane Conlin, Director of Human/Social Services f?'~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2007. No. 37751-050707. '. . -'. -'J,'" ~:::' -., -.:::.~, _. : , : AN ORDINANCE foappr6priate funding from the Commonwealth of Virginia for the Child Care Provider Training Grant, amending and reordaining certain sections of the 2006-2007 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 2006-2007 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Advertising Program Activities Revenues Child Care Provider Training FY07 35-630-8889-2015 35-630-8889-2066 $ 3,500 6,500 35-630-8889-8889 10,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST:" ", J rn.~ 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) 353-2333 F,,, (540) 853-1138 City Web: www.roanokeva.gov May 7, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Child Care Provider Recruitment Training Background: The Virginia Department of Social Services (VDSS) offered one time grants to local departments to be utilized by September 15, 2007, in order to assist in the recruitment and training of child care providers. As a result of the reauthorization of the federal Temporary Assistance to Needy Families (TANF) program there will be an increased demand for child care services for citizens who receive this benefit. The reauthorization requires parents to meet work requirements within an earlier timeframe, and eliminates exemptions for younger children. Considerations: The City of Roanoke Department of Social Services submitted an application to VDSS for $10,000 in funding. The application was approved, and the award does not require any local match. The approved scope of services for the grant calls for five recruitment events, advertisemenf for these events, the provision of training for ten new recruits, and financial assistance to help the providers with start up costs, such as the purchase of equipment needs. Honorable Mayor and Members of City Council May 7, 2007 Page 2 Recommended Action: Authorize the City Manager to execute any required grant acceptance, or any other forms required in order to receive these funds, such forms to be approved as to form by the City Attorney. Appropriate $10,000 in state funds to expenditure accounts to be established by the Director of Finance in the Grant Fund. Establish a revenue estimate in the same amount. Respectfully submitted, Darlene L. Bu cham City Manager DLB:tem c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Asst. City Manager for Community Dev. Sherman M. Stovall, Director of Management and Budget Jane R. Conlin, Director of Human/Social Services CM07-00057 .p~ tI CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone, (540) 853-2541 Fa" (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk May 8, 2007 File #5-60-216 CECELlA R. lYREE Assistant Deputy City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37752-050707 appropriating insurance proceeds from a vehicular accident to repairs of the Jamison Avenue police satellite station, and amending and reordaining certain sections of the 2006-2007 General Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 7, 2007, and is in full force and effect upon its passage. Sincerely, W~M,~~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Darlene L. Burcham, City Manager R. Brian Townsend, Acting Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Kenneth S. Cronin, Director of General Services Gareth McAllister, Facilities Manager '1(-,<-'/ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2007. No. 37752-050707. AN ORDINANCE to appropriate insurance proceeds from a vehicular accident to repairs of the Jamison Avenue police satellite station, amending and reordaining certain sections of the 2006-2007 General 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 2006-2007 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Facilities Management Fixed Asset Maintenance 01-440-4330-3057 Revenues Damages to City Property 01-110-1234-0865 32,525 32,525 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~,~.~. ~ M.~~ 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) 853-1l38 City Web: www.roanokeva.gov May 7, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Insurance Revenue Background: On August 6, 2006, a vehicular accident resulted in damage to the police satellite station housed in the historical building at 1015 Jamison Avenue SE. In April 2007, the responsible insurance carrier issued checks to the City of Roanoke in the amount of $32,52S to repair the structure. These funds were received in Damages to City Property Revenue (Account 01-110-1234-0865). The City is preparing to let a contract to have the building repaired and restored to historical appearance, and these funds will be needed to accomplish this work. Recommended Action: Authorize the Director of Finance to establish a revenue estimate for $32,S2S for Damages to City Property (Account 01-110-1234-0865) and appropriate funding in the same amount to Facilities Management Fixed Asset Maintenance (Account 01-440-4330-3057). Respectfu IIY5u bm itted, ~ Darlene L. Bu cham City Manager Honorable Mayor and Members of City Council May 7,2007 Page 2 DLB/GAA/gaa c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget Kenneth S. Cronin, Director of General Services Gareth McAllister, Facilities Manager CM07-000S 1 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fa" (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk May 8, 2007 File #323-4S5 CECELlA R. lYREE Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37753-0S0707 authorizing the execution of a license agreement with Valley View Mall, LLC, through its agent, CBL & Associates Management, Inc., and authorizing the waiver of the City's sovereign immunity to the extent provided in such license agreement. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 7,2007. Sincerely, #~~.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Sheila S. Umberger, Director of Libraries D1L IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2007. No. 37753-050707. A RESOLUTION authorizing the execution of a license agreement with Valley View Mall, LLC, through its agent, CBL & Associates Management, Inc., and authorizing the waiver of the City's sovereign immunity to the extent provided in such license agreement. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to execute, for and on behalf of the City, upon form approved by the City Attorney, a license agreement relating to the City's use of Valley View Mall for the placement of a library system kiosk for the pUTJlose of picking up and returning library materials, providing patrons with access to library system information and for such other purposes, as set forth in the City Manager's letter to this Council dated May 7, 2007. 2. Council hereby waives its sovereign immunity with regard to the City's use of V alley View Mall, in connection with the placement of a library system kiosk, to the extent provided in the license agreement. ATTEST: ~~:..~\~ City Clerk. R-Library Kiosk ~ license agreement Valley View 5-7-07 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 City Web: www.roanokeva.gov May 7, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr. Council Member Honorable Beverly T. Fitzpatrick, Jr. Council Member Honorable Sherman P. lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Subject: License Agreement for Library Kiosk at Valley View Mall Dear Mayor Harris and Members of City Council: As part of the City's implementation of the Library Master Plan, a location has been identified within Valley View Mall for the placement of a library system point of service computer kiosk, material pick-up and book return facility. This approximately 84 square foot space, located near an upper level mall entrance on the northwest corner of the mall near JC Penney and Macy's, will provide for a greater level of convenience for library system patrons, and will provide mall patrons with electronic and computer access to library system information, and other general information sources. The owners of the mall, CBL & Associates Management, Inc., require that the City execute a license agreement for an initial one year term for the use of this location for the purpose of the library system kiosk. The City will pay $200 per month for use of this space to cover common area maintenance and utility costs associated with the operation of the kiosk, which will be funded out of the library system operating budget. Funding is available for this rental payment within the Library's operating .budget. This license agreement contains a provision which requires that the City agni'e to indemnify and hold harmless CBL, and to defend it, in the event that anyone is injured or any damage to the property results from the City's placement and use of the library system kiosk Honorable Mayor and Members of City Council May 7,2007 Page 2 on the premises. Only City Council may waive the City's sovereign immunity and agree to such a provision. Attached is a resolution which authorizes a waiver of the City's sovereign immunity and authorizes the City Manager to execute the license agreement for the library system kiosk, such agreement to be approved as to form by the City Attorney. Recommended Action(s): Approve the accompanying resolution, and authorize the City Manager to execute the license agreement. Respectfully submitted, ~ Darlene L. Bu cham City Manage DLB:ssu c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Asst. City Manager for Community Dev. Sheila S. Umberger, Director of Libraries CM07-00060 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536. TeIephon" (540) 853-2541 Fa,c (540) 853-1145 E-mail: clerk@roanokeva.gov May 8, 2007 File #72-1 72-288 SHEILA N. HARTMAN Deputy City Clerk CECELlA R. lYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37754-0S0707 authorizing the City Manager's issuance and execution of Amendments to the City's contract with Waco, Inc., for asbestos and lead abatement services to increase retroactively the amount of the contract for the contract years ending November 25, 200S and November 2S, 2006. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 7, 2007, and is in full force and effect upon its passage. i;lt~~, ~- Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance James Grigsby, Assistant City Manager for Operations Sherman M. Stovall, Director, Office of Management and Budget Sharon T. Gentry, Purchasing Manager ~ J:J I I, /" IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2007. No. 37754-050707. AN ORDINANCE authorizing the City Manager's issuance and execution of Amendments to the City's Contract with Waco, Inc., for asbestos and lead abatement services to increase retroactively the amount of the Contract for the Contract years ending November 25, 2005, and November 25,2006; and dispensing with the second reading by title of this ordinance. BE IT ORDAJNED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute Amendments to the City's Contract with Waco, Inc., for asbestos and lead abatement services, as more fully set forth in the City Manager's letter to Council dated May 7,2007. 2. The form of the Amendments shall be approved by the City Attorney. 3. Such Amendments will provide authorization for an increase in the amount not to exceed figure ofthe Contract of an additional $88,188.97 for asbestos and lead abatement services for the Contract year November 26,2004, through November 25, 2005, and $123,534.58 for the Contract year November 26,2005, through November 25,2006, as set forth in the City Manager's letter to Council dated May 7,2007. 4. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading of this ordinance by title is hereby dispensed with. " ( ATTEST: ~'/'M . ._, I.' \ .,;-'!- ::j::,gl~::~.\ ...... t....... . 111001''''' . ." '--.- - , - C.'r..... City Clerk K:\My Documents\Susan Documents\Tegenkarnp\Measures\W ACO retroactive increase to contract.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 City Web: www.roanokeva.gov May 7,2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Retroactive Increase to Contract "Not to Exceed" Amount Background: The City occasionally enters into contracts for services that have a capped or "not to exceed" amount. One such contract was entered into with WACO, Inc., November 26, 2003, for 1 year, with up to 4 one year extensions. The contract was for certain environmental services on an as requested basis. The not to exceed amount of the WACO contract, after amendments, was $225,000 per year. The bulk of WACO's work orders are controlled by the Environmental Services Department. However, WACO has also performed work for other City departments (e.g. Housing or General Services). The various requests for WACO's services exceeded the expected use. Due to multiple users and administrative oversight, the City requested additional work and paid WACO" Inc., amounts that exceeded WACO's contract not to exceed amount by $88,188.97 for the contract year November 26, 2004, through November 2 S, 2005, and $123,534.58 for the contract year-November 26, 2005, through November 25, 2006. While the monies have already been paid to WACO, it is necessary to have City Council approve amendments increasing WACO's contract not to exceed Honorable Mayor and Members of City Council May 7, 2007 Page 2 figure by the above amounts. City Council authorization is needed for issuance of amendments since the above amounts exceed 25% of the contract amount (this is a requirement of the City Charter). Purchasing, the City Attorney's Office, and the City Auditor have reviewed this matter and are collectively working on administrative purchasing procedures to address future payments for any contracts with not to exceed amounts so that contract limits are not exceeded. Recommended Action: Authorize the City Manager to execute appropriate amendments to the contract to increase retroactively the contract not to exceed amount for WACO, Inc. for the above contract years by $88,188.97 and $123,534.58, respectively. Respectfully submitted, arlene L. Bu cham City Manager DLB:JG:jb c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Drew Harmon, Municipal Auditor James Grigsby, Assistant City Manager for Operations Sharon Gentry, Purchasing Manager CM07-00054 ~~ I A, . CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fa" (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk May 8, 2007 File #72-172-288 CECELlA R. lYREE Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 3775S-0S0707 authorizing the City Manager's issuance and execution of additional amendments to the City's contract with Strahle Construction Company, Inc., for additional lead-based paint hazard control work for the Lead-Safe Roanoke Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 7,2007, and is in full force and effect upon its passage. Sincerely, ~~~'~OYV Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Dan Webb, Acting Director of Housing and Neighborhood Services Sharon T. Gentry, Purchasing Manager p.'0 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2007. No. 37755-050707. AN ORDINANCE authorizing the City Manager's issuance and execution of additional Amendments to the City's contract with Strahle Construction Company, Inc., for additional lead- based paint hazard control work for the Lead-Safe Roanoke program; 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. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute such additional Amendments as the City Manager deems appropriate to the City's contract with Strahle Construction Company, Inc., for additional lead-based paint hazard control work for the Lead-Safe Roanoke program, all as more fully set forth in the City Manager's letter to this Council dated May 7, 2007. 2. The form of such Amendments shall be approved by the City Attorney. 3. Such Amendments will provide authorization for' additions to the work, with an increase in the amount of the contract and provided the total amount of such Amendments will not exceed an additional $100,000, so that such contract amount may be increased by'such Amendments up to a total of $250,000.00, all as set forth in the above letter. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. .' ');E(" 1,'ft ~i'i\-0:i~i',t.ir:,:~ f-::' : '''ATTEST: ' ~~.~ City Clerk. K:\My Documents\Susan Documents\Tegenkamp\Measures\Strahle Construction-lead based paint services.doc @9~ ~.IJ...~'~~" .~, . .....} . -'f:' . <S CITY OF ROANOKE OFFICE OF THE CITY CLERK 2\5 Church Avenue, S. W., Room 456 Roanoke, Virginia 240\1-1536 Telephone, (540) 853-2541 Fa" (540) 853-1145 E-mail: cJerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk May 8, 2007 CECELlA R. lYREE Assistant Deputy City Clerk File #72-1 72-288 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37756-050707 authorizing the City Manager's issuance and execution of additional amendments to the City's contract with D. E. Eakin & Sons, Inc., for additional lead-based paint hazard control work for the Lead-Safe Roanoke Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 7, 2007, and is in full force and effect upon its passage. Sincerely, -~.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance R, Brian Townsend, Acting Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Dan Webb, Acting Director of Housing and Neighborhood Services Sharon T. Gentry, Purchasing Manager pi. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2007. No. 37756-050707. AN ORDINANCE authorizing the City Manager's issuance and execution of additional Amendments to the City's contract with D. E. Eakin & Sons, Inc., for addjtionallead-based paint hazard control work for the Lead-Safe Roanoke program; 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. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute such additional Amendments as the City Manager deems appropriate to the City's contract with D. E. Eakin & Sons, Inc., for additional lead-based paint hazard control work for the Lead-Safe Roanoke program, all as more fully set forth in the City Manager's letter to this Council dated May 7,2007. 2. The form of such Amendments shall be approved by the City Attorney. 3. Such Amendments will provide authorization for additions to the work, with an increase in the amount of the contract and provided the total amount of such Amendments will not exceed an additional $100,000, so that such contract amount may be increased by such Amendments up to a total of $250,000.00, all as set forth in the above letter. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. C.T 2ir [ ~ FJ..>' .,6.~ i,(' ..~ 1.~;~(Hf,r;,~:""'" ATTEST:. / ".,,1 ~.~ City Clerk. K:\My Documents\Susan Documents\Tegenkamp\Measures\DE Eakin & Sons-lead based paint services.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 City Web: www.roanokcva.gov May 7, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Increase to Strahle Construction Company, Inc., Contract and D. E. Eakin & Sons, Inc., Contract "Not to Exceed" Amounts for Lead-Safe Roanoke Interim Lead-based Paint Hazard Control Services Background: The City entered into two contracts: one with Strahle Construction Company, Inc., and the other with D. E Eakin & Sons, Inc., dated January 8, 2007, for 1 year to perform interim lead-based paint hazard control activities on behalf of the Lead-Safe Roanoke program administered by the Department of Housing and Neighborhood Services. The total fee for each company's initial contract was for an amount not to exceed $100,000.00 based on the expected need at that time for such services, as the City's Lead Hazard Control Grant Program was due to conclude on March 31, 2007. The City recently requested and received additional time from HUD for Roanoke's Lead-Safe program to perform interim lead-based paint hazard control activities on an additional 45 housing units to conclude on December 31, 2007. Thus, it is anticipated that demand for interim lead-based paint hazard control services to be performed by Strahle Construction Company Inc. and D. E. Eakin & Sons, Inc. will each exceed the initial anticipated amount of $100,000.00 for the year. Therefore, amendments to each contract in an Honorable Mayor and Members of City Council May 7, 2007 Page 2 amount up to $SO,OOO.OO will be made administratively, as allowed by the City Charter. Although the contract amounts will be increased, as noted above, as demand for interim lead-based paint hazard control activities under each existing contract continues, it will be necessary to have City Council approve further amendments increasing both the Strahle Construction Company, Inc., and the D. E. Eakin & Sons, Inc., contract not to exceed amount up to $250,000.00. City Council authorization is needed for issuance of such amendments since the above amounts will exceed the $50,000.00 administrative increase allowed by the City Charter. The funding for the above amounts is available in Grant Fund accounts 35-615- 8115-8256 and 35-615-8115-8257. The funding was awarded through the "Lead Hazard Control Grant" by the U.S. Department of Housing and Urban Development on September 25,2003. Recommended Action: Authorize the City Manager to execute appropriate amendments to both the Strahle Construction Company, Inc., and the D. E. Eakin & Sons, Inc., contract as the City Manager deems appropriate in order to increase each existing contract "not to exceed" amount up to an additional $100,000.00 each so that each contract's total amount can be increased up to $250,000.00 (inclusive of the amendments executed administratively) for work on the Lead-Safe Roanoke program. The form of any such amendments will be subject to approval by the City Attorney. Respectfully submitted, Darlene L. Bu cham City Manager DLB:BC c: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, City Clerk R. Brian Townsend, Acting Asst. City Manager for Community Dev. Dan Webb, Acting Director of Housing and Neighborhood Services Sharon T. Gentry, Purchasing Manager CM07-0006S CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-\536 Telephone: (540) 853-2541 Fa" (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk May 8, 2007 CECELlA R. lYREE Assistant Deputy City Clerk File #1 02-40S Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37757-050707 authorizing the City Manager's issuance and execution of Amendment No.2 to the City's Three Year Bridge, Culvert, Sign, and Parking Garage Inspection contract with Hayes, Seay, Mattern & Mattern, Inc., for additional engineering services for the third year of the contract. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 7,2007. Sincerely, ~"'OY\.~DW Stephanie M. Moon, CMC . City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Philip C. Schirmer, PE, LS, City Engineer Karl D. Kleinhenz, Civil Engineer I p:1: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2007. No. 37757-050707. A RESOLUTION authorizing the City Manager's issuance and execution of Amendment No.2 to the City's Three Year Bridge, Culvert, Sign, and Parking Garage Inspection contract with Hayes, Seay, Mattern & Mattern, Inc., for additional engineering services for the third year of the contract. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute Amendment No.2 to the City's Three Year Bridge, Culvert, Sign, and Parking Garage Inspection contract with Hayes, Seay, Mattern & Mattern, Inc., for additional engIDeering services, all as more fully set forth in the City Manager's letter to Council dated May 7,2007. 2. The form of the Amendment shall be approved by the City Attorney. 3. Such Amendment No.2 will provide authorization for additions to the work, with an increase in the amount of the contract ofan additional $71,900.00, all as set forth in the above letter. ATTEST: ~M.~ \ . \ " 0:ity Clerk. ._ J).~ <:: 1/:_>)',:.\",_ K:\l\1y Documents\Susan Documents\TegenkampWeasures\Hayes Seay bridge program 2006 2007 amendment 2.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 City Web: \\'ww.roanokeva.gov May 7, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable Alfred T. Dowe, Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Amendment No.2 to the Three Year Bridge, Culvert, Sign, and Parking Garage Inspection Program (2005 - 2007) - Year Three of Three - Hayes, Seay, Mattern & Mattern, Inc. In 1978 Congress passed the Surface Transportation Act, requiring that all bridges over 20 feet in length, including "off Federal Aid System" structures be inspected annually or biannually, depending on construction type. In addition, the City requires inspections of various additional structures not regulated by the Federal department of Transportation. Inspections are due this calendar year on 19 annually inspected bridges, 33 biannually inspected bridges, six (6) culverts, the Pedestrian Tunnel, the Market Square Walkway and the Fire Training Tower. Contracts dated July 28, 2005, were issued to Hayes, Seay, Mattern & Mattern, Inc., and Mattern & Craig, Inc., for the Three Year Inspection Program (200S - 2007) with years two and three to be negotiated based on the number of structures to be inspected in each of those subsequent years. Council previously authorized amendments to each _contrac.t for year two by Resolutions adopted on August 7,2006, Resolution Nos. 37498-080706 and 37499-080706. Hayes, Seay, Mattern & Mattern, Inc., has agreed to inspect 28 bridges, six (6) culverts and the Pedestrian Tunnel for the cost of $71,900 for year three. Honorable Mayor and Members of City Council May 7,2007 Page 2 Council authorization is heeded since this amount exceeds 25% of the original contract amount (this is a requirement of the City Charter.) Funding in the amount of $71,900 is available for the third year amendment in account number 01-530-4310-3072, Engineering - Bridge Inspections. Recommended Action: Authorize the City Manager to execute Amendment No. 2 for consulting services for the above work with Hayes, Seay, Mattern & Mattern, Inc., in the amount of $71,900 for the third year (2007) for the above inspection services; such amendment to be approved as to form by the City Attorney. Respectfully submitted, DLB/KDK/dps c: William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Jesse A. Hall, Director of Finance Philip C. Schirmer, PE, LS, City Engineer Karl D. Kleinhenz, Civil Engineer I CM07-00052 it CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 TeIephon" (540) 853-2541 Fa" (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk May 8, 2007 CECELlA R. lYREE Assistant Deputy City Clerk File #1 02-40S Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37758-0S0707 authorizing the City Manager's issuance and execution of Amendment No.3 to the City's Three Year Bridge, Culvert, Sign, and Parking Garage Inspection contract with Mattern & Craig, Inc., for additional engineering services for the third year of the contract. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 7, 2007. Sincerely, ~~.~~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Philip C. Schirmer, PE, LS, City Engineer Karl D. Kleinhenz, Civil Engineer I )J.~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2007. No. 37758-050707. A RESOLUTION authorizing the City Manager's issuance and execution of Amendment NO.3 to the City's Three Year Bridge, Culvert, Sign, and Parking Garage Inspection contract with Mattern & Craig, Inc., for additional engineering services for the third year of the contract. BE IT RESOLVED by the Council ofthe City of Roanoke that: I. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute Amendment No.3 to the City's Three Year Bridge, Culvert, Sign, and Parking Garage Inspection contract with Mattern & Craig, Inc., for additional engineering services, all as more fully set forth in the City Manager's letter to Council dated May 7,2007. 2. The form of the Amendment shall be approved by the City Attorney. 3. Such Amendment No.3 will provide authorization for additions to the work, with an increase in the amount of the contract of an additional $52,800.00, all as set forth in the above letter. ATTEST: ~~h\.~ City Clerk. '.:\ {Y-!::'.y ~ (~;i; ~(1t.~:~!~; L" K:\My Documents\Susan Documents\Tegenkamp\lvfeasures\Mattem Craig bridge program 2006 2007 amendment 3.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 City Web: www.roanokeva.gov May 7,2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable Alfred T. Dowe, Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Amendment No.3 to the Three Year Bridge, Culvert, Sign, and Parking Garage Inspection Program (2005 - 2007) - Year Three of Three - Mattern & Craig, Inc. In 1978 Congress passed the Surface Transportation Act, requiring that all bridges over 20 feet in length, including "off Federal Aid System" structures be inspected annually or biannually, depending on construction type. In addition, the City requires inspections of various additional structures not regulated by the Federal department of Transportation. Inspections are due this calendar year on 19 annually inspected bridges, 33 biannually inspected bridges, six (6) culverts, the Pedestrian Tunnel, the Market Square Walkway and the Fire Training Tower. Contracts dated July 28, 200S, were issued to Hayes, Seay, Mattern & Mattern, Inc., and Mattern & Craig, Inc., for the Three Year Inspection Program (2005 to 2007) with years two and three to be negotiated based on the number of structures to be inspected in each of those subsequent years. Council previously authorized amendments to each contract for year two by Resolutions adopted on August 7, 2006, Resolutions Nos. 37498-080706 and 37499- 080706. Mattern & Craig, Inc., has agreed to inspect 24 bridges, the Market Square Walkway and the Fire Training Tower for the cost of $S2,800 for year Honorable Mayor and Members of City Council May 7, 2007 Page 2 three. Council authorization is needed since this amount exceeds 25% of the original contract amount (this is a requirement of the City Charter). Funding in the amount of $52,800 will be available for the third year amendment in account number 01-530-4310-3072, Engineering - Bridge Inspections, in the fiscal year 2007-08 budget. Recommended Action: Authorize the City Manager to execute Amendment No. 3 for consulting services for the above work with Mattern & Craig, Inc., in the amount of $52,800 for the third year (2007) for the above inspection services; such agreement to be approved as to form by City Attorney. Darlene L. Bur City Manager DLB/KDK/dps c: William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Jesse A. Hall, Director of Finance Philip C. Schirmer, PE, LS, City Engineer Karl D. Kleinhenz, Civil Engineer I CM07-00053 CITY OF ROANOKE . OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephon" (540) &53-254\ Fa" (540) 853-1145 E-mail: c1erk@roanokeva.gov May 8, 2007 SHEILA N. HARTMAN Deputy City Clerk CECELlA R. lYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk File #60-67 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37759-050707 authorizing the City Manager to enter into a Memorandum of Understanding with Roanoke County for the continuation of therapeutic recreation services, upon certain terms and conditions. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 7,2007. Sincerely, ~~Y'r\,~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Steven C. Buschor, Director of Parks and Recreation ~~6\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2007. No. 37759-050701. A RESOLUTION authorizing the City Manager to enter into a Memorandum of Understanding with Roanoke County for the continuation of therapeutic recreation services, 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, a Memorandum of Understanding with Roanoke County for the continuation of therapeutic recreation for a period of up to five years, similar in form to the Agreement attached to the City Manager's letter dated May 7,2007, to City Council, and approved as to form by the City Attorney, 'as is more particularly set forth in the City Manager's letter dated May 7, 2007, to City Council. ATTEST: ~~~4'!j'M. ~ Stephanie M.iMoon, CMC City Clerk. I' ; R-MOU Rke City & Rke Co 5-7-07 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 City Web: www.roanokeva.gov May 7,2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Memorandum of Understanding with Roanoke County for Therapeutic Recreation Services The Parks and Recreation department has worked in partnership with Roanoke County Parks and Recreation since 1987 to provide therapeutic recreation services for our citizens. After years of steadily increasing the amount of funding that the City provides the County for these services, the City now funds over $80,000 worth of therapeutic recreation services per year, which is representative of the percentage of City residents that the County serves through its therapeutic recreation programs. Funding in the amount of $80,108 for the therapeutic recreation allocation is budgeted in account 01- 620-7110-2138. Since the City is now providing the proper portion of funding for these services, a memorandum of understanding has been prepared to ensure that the expectations of all parties are clearly stated and understood. In summary, the County shall operate, fund and manage a year round therapeutic recreation program serving residents of the City and the County with disabilities. The therapeutic recreation program shall consist of programs which provide specialized/leisure services that empower people with disabilities to gain the knowledge and skills for the development of a leisure lifestyle which meets their interests and needs. Honorable Mayor and Members of City Council May 7, 2007 Page 2 Recommended Action: Authorize the City Manager to execute the attached memorandum of understanding with Roanoke County for continuation of therapeutic recreation services; such agreement to be approved as to form by the City Attorney. Darlene L. Bu cham City Manager DLB:SCB:na Attachment c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Asst. City Manager for Community Dev. Steven C. Buschor, Director of Parks and Recreation CM07-00049 MEMORANDUM OF UNDERSTANDING Between Roanoke County Parks. Recreation and Tourism And City of Roanoke Parks & Recreation This Memorandum of Understanding is hereby dated this _ day of 2007, by and between the City of Roanoke, through its Parks and Recreation Department ("City"), and Roanoke County, through its Parks, Recreation & Tourism Department ("County"). A. PURPOSE: The parties believe it would be in the best interests of the citizens of the County and the citizens of the City to define, develop, and expand the framework of cooperation between the City and County with respect to their activities designed to provide recreation for persons who have physical, mental, or social disabilities ("Services"). A continuation of the partnership between the City and the County to provide the Services will provide taxpayers with improved effectiveness and efficiency in the delivery of the Services and avoid duplication of programs, thereby saving tax monies. B. STATEMENT OF MUTUAL BENEFIT AND INTERESTS: Benefits to the City include an active partnership with the County to plan, coordinate and implement the Services for City residents, while adhering to the principles of the Americans with Disabilities Act of 1990. as amended. Benefits to the County include designated funding from the City for the provision of the Services. C. DUTIES OF THE COUNTY: 1. The County shall operate, fund and manage a year round therapeutic recreation program serving residents of the City and the County with disabilities. The therapeutic recreation program shall consist of programs which provide specialized/leisure services that empower people with disabilities to gain the knowledge and skills for the development of a leisure lifestyle which meets their interests and needs. Such programs shall include the following: (1) the Summer ACE program (a special needs day camp for individuals with severe and profound developmental disabilities between the ages of 5 and 21); Memorandum of Understanding City and County 3-20-07 1 (2) the EXCEL program (a year-round recreation, socialization and skill building program for adults with developmental disabilities); (3) the Roanoke VIP program (a year-round recreation, socialization and skill- building program for adults who are legally blind or have other visual impairments); (4) the Fun and Leisure Group (a year-round social and recreational program for citizens with head injury-related disabilities); (5) the TRIPS program (a therapeutic recreation incentive program for Blue Ridge Behavioral Healthcare clients with psychiatric disabilities); (6) Sign language services and programs, including the HANDS Group (social opportunities for citizens who are interested in sign language communication) and KIDSIGN Group (a week-long day camp to introduce children to sign language through instruction and fun activities); and (7) other recreation programs for citizens who have disabilities. 2. The County shall appoint one staff person to be the point of contact for all communications, negotiations, scheduling, and other matters relating to the Services. 3. The County shall provide a level of Services for the appropriate number of City residents as set forth in Attachment A in exchange for the level of financial and in-kind contributions from the City as set out in this Agreement and Attachment A. The leyel of Services shall be for at least the seven (7) programs identified in Attachment A. 4. The County shall provide disability awareness training at least one time per year for City staff on a date and at a time mutually convenient to the parties. 5. The County shall put the City brand, as set forth in Attachment B, on marketing pieces whenever the Services are promoted. The color brand shall be used whenever the marketing piece permits color to be used. Otherwise, the non-color brand may be used in the marketing piece. The size and location in the marketing pieces of the City brand shall be as agreed to by the parties. 6. The County shall provide staff members of the City guidance when determining reasonable accommodations for any participant in a recreational program sponsored in part or in whole by City. 7. The County shall provide to the City, on or before September I of each calendar year this Memorandum of Understanding is in place, a report of participation for the previous Memorandum of Understanding City and County 3-20-07 2 fiscal year (July I to June 30). The report shall include at least all of the information in Attachment A. D. DUTIES OF THE CITY: I. The City shall make an annual financial contribution to the County in support of the Services provided by the County on or before September 1 of each year this Memorandum of Understanding is in place. Such payment shall be for the Services being provided during the fiscal year of the payment being made. The fee due September 1, 2007, shall be $80,000.00, and shall be for the July 1, 2007, to June 30, 2008, fiscal year. By October I of each fiscal year. a re-evaluation by the City and the County shall be made to determine the cost of providing the Services for the next fiscal year, and the cost for the Services provided during that next fiscal year will be divided proportionately between the City and the County based upon the number of participants from each jurisdiction in the most recently concluded fiscal year. 2. The City shall appoint one staff person to be the point of contact for all communications, negotiations, scheduling and other matters relating to the Services. 3. The City shall provide adequate access to program space in facilities and parks owned and operated by the City for the provision of the Services. Use of these facilities by the County for the Services will be coordinated through City staff and will be coordinated with City program schedules. 4. The City shall work with the County to attempt to secure reasonable access to the facilities owned and operated by organizations with which the City has joint use agreements, including the YMCA, Roanoke Valley Swimming, Inc., and the Roanoke City School Board. Use of these facilities by the County for the Services will be subject to the limitations of any joint use agreement, as well as other limitations imposed by the owners of such facilities. 5. The City shall provide transportation for participants from a location or locations agreed to by the parties to any activity included in the Services, but in no event shall the cost of such transportation exceed $615.00 per fiscal year, such amount to include driver costs, such as meals and admissions for the driver. Scheduling of transportation will be coordinated with the transportation needs of other City programs. The City further agrees to allow the County to purchase additional hours of transportation from the City at a rate equal to the City's direct costs for the transportation for use in the provision of the Services. Such direct costs shall include the driver's wages, the driver's meals, mileage at the applicable reimbursement rate in effect at the time the Services are performed, and the driver's admissions to any facility. Scheduling of such transportation will be coordinated with other City program schedules. 6. The City shall provide advertising space in Play, the City's program brochure, for promoting the Services. The size and location of the advertisement shall be as agreed to by both parties. The City shall put the County brand, as provided electronically, on Memorandum of Understanding City and County 3-20-07 3 marketing pieces whenever the Services are promoted. The color brand shall be used whenever the marketing pieces permit color to be used. Otherwise, the non-color brand may be used in the marketing pieces. The size and location of the County brand in the marketing pieces shall be agreed to by the parties. 7. City residents participating in the Services under this Agreement, and eligible for financial assistance pursuant to the City's financial assistance criteria, shall be funded by the City. 8. Within thirty (30) days of execution of this Agreement by both parties, the City shall forward to the County $80,000 for Services provided for the period of July 1, 2006, to June 30, 2007. E. INSURANCE: (a) Requirement of insurance. County shall, at its sole expense, obtain and maintain during the life of this Memorandum of Understanding the insurance policies and bonds required by this section. Any required insurance policies and bonds shall be effective prior to the beginning of any work or other performance by County under this Memorandum of Understanding. The following policies and coverages are required: (1) Commercial General Liability. Commercial general liability insurance shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of the County's performance under this Memorandum of Understanding. The minimum limits of liability for this coverage shall be $1,000,000.00 combined single limit for anyone occurrence. (2) Workers' Compensation. Workers' compensation insurance covering County's statutory obligation under the laws of the Commonwealth of Virginia and employer's liability insurance shall be maintained for all its employees engaged in work under this Memorandum of Understanding. Minimum limits of liability for employer's liability shall be one hundred thousand dollars and no cents ($100,000.00) bodily injury by accident each occurrence; five hundred thousand dollars and no cents ($500,000.00) bodily injury by disease (policy limit); and one hundred thousand dollars and no cents ($100,000.00) bodily injury by disease (each employee). (3) Automobile Liability. The mInImUm limit of liability for automobile liability insurance shall be $1,000,000.00 combined single limit applicable to owned or non-owned vehicles used in the performance of any work under this Memorandum of Understanding. (b) Umbrella Coverage. The insurance coverages and amounts set forth in subsections (1), (2), and (3) of this section may be met by an umbrella Memorandum of Understanding City and County 3.20-07 4 liability policy following the form of the underlying primary coverage in a minimum amount of $1,000,000.00. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by subsections (1), (2), and (3), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by County to this City. (c) Evidence of Insurance. All Insurance shall meet the following requirements: (1) Prior to execution of this Memorandum of Understanding, County shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles. Such certificates shall be attached to this Memorandum of Understanding at the time of execution of this Memorandum of Understanding and shall be furnished in a timely fashion to demonstrate continuous and uninterrupted coverage of all of the required forms of insurance for the entire term of this Memorandum of Understanding. (2) The required certificate or certificates of insurance shall include substantially the following statement: A The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been received by the Risk Management Officer for the City of Roanoke.@ (3) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, employees, agents, volunteers and representatives as additional insureds to the extent permitted by law. (4) Insurance coverage shall be in a form and with an . insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Memorandum of Understanding shall be authorized to do business in the Commonwealth of Virginia. Memorandum of Understanding City and County 3-20-07 5 (d) Ranges and Limits. At the end of five (5) years, the City shall have the right to require increases in the amounts of insurance specified above. Any adjustments shall bear a reasonable relation to any change in the cost of living or cost of repair or replacement, as measured by changes in the consumer Price Index of the United States Bureau of Labor Statistics applicable to the Commonwealth of Virginia or comparable measure if the Consumer Price Index is no longer being issued. F. ADDITIONAL PROVISIONS: 1. This Memorandum of Understanding represents the entire agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Memorandum of Understanding shall not be amended or modified except by written instrument signed by both parties. 2. The initial term of this Memorandum of Understanding shall be from January 1, 2007, until June 30, 2008. This Memorandum of Understanding shall be renewed for up to four (4) additional one-year terms thereafter, unless the Memorandum of Understanding is sooner terminated. During or after the initial term, either party may terminate this Memorandum of Understanding for cause or no cause with one year's notice, in writing, due no later than June 30 of any term this Memorandum of Understanding is in force and effect. 3. All funds for payments required of the City under this Memorandum of Understanding are subject to the availability of an annual appropriation for this purpose by the City Council of the City of Roanoke. In the event of nonappropriation of funds by the City Council of the City of Roanoke for the Services provided under this Memorandum of Understanding, this Memorandum of Understanding, without termination charge or other liability of the City. shall be considered terminated on the last day of the then current fiscal year or when the appropriation made for the then current year for the Services covered by this Memorandum of Understanding is spent, whichever event occurs first. If funds are not appropriated at any time for the continuance of .this Memorandum of Understanding, cancellation will be accepted by the County on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City of Roanoke shall not be obligated under this Memorandum of Understanding beyond the date of termination. 4. The provisions of this Memorandum of Understanding are for the exclusive benefit of the parties hereto and not for the benefit of any third person. nor shall this Memorandum of Understanding be deemed to have conferred any rights, express or implied, upon any third person unless otherwise expressly provided for herein. Memorandum of Understanding City and County 3-20-07 6 IN WITNESS WHEREOF. the parties hereto have executed the same as of the day and year first above written: ATTEST: CITY OF ROANOKE By: Darlene L. Burcham, City Manager Stephanie M. Moon. 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'< ""0 o (tq ~ '" ""0 :;,- '< CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone, (540) 853-2541 Fa" (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON. CMC City Clerk May 8, 2007 File #60-70 CECELlA R. lYREE Assistant Deputy City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No.3 7760-0S0707 to transfer funds from the Capital Projects Fund Contingency to the Williamson Road Fire/EMS Station Project, and amending and reordaining certain sections of the 2006- 2007 Capital Projects Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 7, 2007, and is in full force and effect upon its passage. Sincerely, ~~'rn.~~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Darlene L. Burcham, City Manager R. Brian Townsend, Acting Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Philip C. Schirmer, PE, LS, City Engineer ~s IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May. 2007. No. 37760-050707. AN ORDINANCE to transfer funding from the Capital Projects Fund Contingency to the .Williamson Road Fire/EMS Station Project, amending and reordaining certain sections of the 2006-2007 Capital Projects 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 2006-2007 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Capital Projects Fund Contingency Appropriated from General Revenue $ 08-530-9575-9220 08-530-9681-9003 ( 78,925) 78,925 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: -W~\rn' Jrttw City C.lerk. .+ dJ~ I A, . CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fa" (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk May 8, 2007 File #60-70 CECELlA R. lYREE Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37761-050707 authorizing the City Manager's issuance and execution of additional amendments to the City's contract with Cederquist Rodriguez Ripley, P. c., d/b/a Rodriguez Ripley Maddux Motley for additional professional services for the Williamson Road Fire Station Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 7, 2007. Sincerely, -JHJ~ m. ~~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Philip C. Schirmer, PE, LS, City Engineer X' p,\l IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2007. No. 37761-050707. A RESOLUTION authorizing the City Manager's issuance and execution of additional Amendments to the City's contract with Cederquist Rodriguez Ripley, P.C., d/b/a Rodriguez Ripley Maddux Motley (RRMM) for additional professional services for the Williamson Road Fire Station Project. BE IT RESOLVED by the Council of the City of Roanoke that: . 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute such additional Amendments as may be necessary to the City's contract with Cederquist Rodriguez Ripley, P.c., d/b/a Rodriguez Ripley Maddux Motley (RRMM) for additional professional services for the Condition Assessment for the Williamson Road Fire Station Project, all as more fully set forth in the City Manager's letter to this Council dated May 7, 2007. 2. The form of such Amendments shall be approved by the City Attorney. 3. Such Amendments will provide authorization for additions to the work, with an increase in the amount of the contract and provided the total amount of such Amendments will not exceed an additional $54,325, all as set forth in the above letter. ATTEST: ~m.~ , City Clerk. K:\My Documents\Susan Documents\Tegenkamp\Measures\Cederquist Rodreguez Ripley Contract Amendments,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 City Web: www.roanokcva.gov May 7, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Williamson Road Fire Station (Fire/EMS Station #5), Amendment to Architect's Contract and Additional Funding Background: Staff has met with the City Council on two occasions to discuss costs and design issues associated with the Williamson Road Fire Station. During the December 18, 2006, meeting, staff advised that the initial cost estimate for the station was $111,683 over the established budget, and that the Fire Headquarters building contingency funds would be available to make up most of this difference. Staff also provided Council with construction cost information to provide full brick elevations ($30,000) and longer apparatus bays ($120,000), as desired by the Planning Commission. On February 20, 2007, Council was given information pertaining to the U.S. Green Building Council's (USGBC) "Leadership in Energy and Environmental Design" program (LEED). Staff indicated the desire to make the Williamson Road Fire Station the City's first LEED certified project, and presented information to support this action. There is a growing movement in state and local government construction to incorporate these energy-saving and environmentally-conscious design standards in order to reduce operating costs and improve indoor environments. Honorable Mayor and Members of City Council May 7, 2007 Page 2 Staff has worked closely with Cederquist Rodriguez Ripley, P.c., d/b/a Rodriguez Ripley Maddux Motley (RRMM), the project architect, to identify the points within the LEED program which it will attempt to earn, and costs for the required additional professional services. The additional fees are as follows: - LEED registration fees $ 3,500 - AlE Design and Documentation (professional services) $54,32S - Commissioning the building systems during and after construction $21.100 $78,92S Amendments to the Architect's contract are needed to pay for the additional professional services. The cost for such additional services is $54,325, based on negotiated fees. Council authorization is needed because such additional services, when combined with prior amendments, exceed the greater of 25% of the original contract amount or $SO,OOO, as provided by the City Charter. Funding of the increased design cost was recommended to be provided from the Capital Improvement Reserve Contingency. We anticipate additional building costs for this LEED building to be in the 5-10% range. The Architect has been directed to complete design development documents for the project so that increased construction costs can be confirmed. We will advise the City Council of the additional construction costs once they are finalized. Recommended Action: Authorize the City Manager to execute additional amendments with RRMM in an amount not to exceed an additional $S4,325 for additional design services related to the LEED certification of the Williamson Road Fire Station. The remaining requested funds will be used for the Commissioning process and registration fees. Adopt the accompanying budget ordinance to transfer funding in the amount of $78,925 from Capital Projects Contingency (08-530-9575-9220) to the Fire/EMS Station #5 account (08-S30-9681). Respectfully submitted, Darlene L. B rcham City Manager DLB/BDL/dps Honorable Mayor and Members of City Council May 7,2007 Page 3 c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Philip C. Schirmer, PE, LS, City Engineer R. Brian Townsend, Agent, City Planning Commission CM07-00067 .p~ .I~,.A'" .,. .. ~'...j.' ~!f- CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 240] ]-1536 Telephone: (540) 853-2541 . FaX' (540) 853-1145 E-mail: c\erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk May 8, 2007 CECELlA R. lYREE Assistant Deputy City Clerk File #60-516 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37762-050707 authorizing the City Manager's issuance and execution of additional amendments to the City's contract with Sutton-Kennerly & Associates, Inc., for additional professional services for the Condition Assessment for the Market Garage Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 7,2007. Sincerely, ~~"rt\.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: .Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Robert K. Bengtson, PE, Director of Public Works Deborah J. Moses, Director, Hotel Roanoke Conference Center Philip C. Schirmer, PE, LS, City Engineer Sharon T. Gentry, Manager, Purchasing /.#;-(. /' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2007. No. 37762-050707. A RESOLUTION authorizing the City Manager's issuance and execution of additional Amendments to the City's contract with Sutton-Kennerly & Associates, Inc., for additional professional services for the Condition Assessment for the Market Garage Project. BE IT RESOLVED by the Council of the City of Roanoke that: I. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute such additional Amendments as may be necessary to the City's contract with Sutton- Kennerly & Associates, Inc., for additional professional services for the Condition Assessment for the Market Garage Project, all as more fully set forth in the City Manager's letter to this Council dated May 7, 2007. 2. The form of such Amendments shall be approved by the City Attorney. 3. Such Amendments will provide authorization for additions to the work, with an increase in the amount of the contract and provided the total amount of such Amendments will not exceed an additional $146,000, all as set forth in the above letter. ATTEST: ~/;tv~.J~' ~ City Clerk. , C ~3l\k: i:~.; h~tJLi-I~I;t~Jf~.~:S, ",co'-:, (.;c K:\My Documents\Susan Documents\Tegenkamp\Measures\Sutton-Kennerly Contract Amendments.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 City Web: www.roanokeva.gov May 7, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Condition Assessment of Fac;:ade Market Garage - Amendment to Engineer's Contract Background: In late May 2006, the structural engineering firm of Sutton-Kennerly & Associates, Inc. ("SKA"), Greensboro, North Carolina, was retained by the City to perform a broad assessment and evaluation of the brick fac;:ade of the Market Garage (formerly the Century Station Parking Deck) located at 25 East Church Avenue. (This assessment was ultimately referred to as the "Phase I Condition Assessment.") The field work was completed in early June and the findings of the study were furnished in a final written report dated June 9, 2006. That report recommended that all of the brick on the building be immediately removed, that the precast concrete panels (to include the structural connections), be inspected and evaluated. At that time, the City also took immediate steps to have protective safety barriers erected at all entrances and exits to and from the garage. . -- ',_ -i. ;., In addition to recommendin-gthatthefac;:ade of Market Garage be immediately removed, the initial report also clearly reflected the need for further services from a consultant familiar with building construction, espeCially masonry work and the installation of precast concrete panels. Given its background, the visible demonstration of its experience with this type of work, and its familiarity with the Market Garage, SKA was selected to provide what was called the "Phase II Condition Assessment" of the building fac;:ade. This situation was declared to Honorable Mayor and Members of City Council May 7, 2007 Page 2 be an emergency and documented as such in a "Notice of Emergency Award" letter. Under the emergency declaration, the services required of SKA under the Phase II assessment included the review of face brick and anchors removed from the building, and the documentation of the precast panels installed on the fa~ade, to include the inspection of connections between those panels and the structural cast-in-place concrete frame as they were opened up and exposed by the contractor retained to perform the brick demolition work (that contractor being Alan L. Amos, Inc.). Given the nature of the demolition work, the consultant was prepared to make recommendations for repairs to any suspect connections, or if necessary the removal of any suspect panel(s). The firm was directed to start its work on June 14; the actual demolition work of the far;ade started on June 19. Subsequent to the declaration of the emergency, the City executed a "Contract for Consultant Services" for the "Phase II Condition Assessment, Market Garage," dated June 14, 2006, with SKA for $42,500. The contract included language for a "roll-over" provision for all additional services needed to develop bid documents to make repairs to the precast connections, to replace the brick fa~ade, to restore the site to its pre-demolition condition, and such other services that might be needed to repair and otherwise correct deficiencies found with the garage. Under the Contract, SKA was required to issue a report summarizing the results of its findings, and to provide recommendations addressing repairs to the precast wall panels of the garage. Based on visual evidence opened up as part of the brick demolition work, and SKA's on-going field assessment, issues were raised about the structural post- tensioning ("PT") system and protective barrier cable system found at the garage. Thus, on September 19, 2006, SKA was directed to evaluate the tendon ends and barrier cable system. That evaluation was titled "Condition Assessment of Fa~ade, Phase 111." On October 10, 2006, SKA was asked to perform a cursory structural analysis of the existing concrete structure, as designed, to determine if the structure is capable of supporting code-mandated dead and live loads associated with adding three levels of residential housing and/or a mixed-use occupancy of residential and commercial. SKA prepared and submitted a final report, titled "Condition Assessment and Evaluation, Market Garage," dated November 17, 2006, that outlined all of the work performed under Phase I through Phase IV, and set forth three options to make all necessary repairs and to replace the building's far;ade. A summary of the assessment and evaluation and the recommendations made in the report was presented to City Council on November 6, 2006. In late November, SKA was directed to proceed with preparation of a document package that would address two major items that were identified in the final report - first, repairs to the tendon pockets of the post-tensioning system, and Honorable Mayor and Members of City Council May 7, 2007 Page 3 second, replacement of the building's barrier cable system. SKA was directed to proceed with the work required to remedy these items. In December 2006, SKA was asked to provide construction phase services consisting of special inspections as part of an effort to stabilize (16) existing precast concrete panels located above or adjacent to vehicular and pedestrian entrances to and exits from the garage. Therefore, as part of its Phase III services, SKA prepared a document package that addressed repairs to the connections of those sixteen panels. The total amount needed for the services of SKA as set forth above, both in the past and for continued work to complete such services, is expected to total an additional $146,000. Since this amount exceeds the greater of 25% of the original contract amount or $50,000, City Council approval is needed to pay for such services, in accordance with the City Charter. Funding for the additional services of SKA is available in capital account project number 07-540-8258, "Market Garage Repairs." Recommended Action: Authorize the City Manager to execute additional amendments, approved as to form by the City Attorney, to the City's contract with Sutton-Kennerly & Associates, Inc. in an amount up to $146,000 for additional professional services needed in order to complete the project. Respectfully submitted, Darlene L. B cham City Manager DLB/CMA/dps c: William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Jesse A. Hall, Director of Finance Robert K. Bengtson, PE, Director of Public Works Sharon T. Gentry, Manager, Purchasing Deborah J. Moses, Hotel Roanoke Conference Center Director Philip Schirmer, PE, LS, City Engineer Sherman M. Stovall, Director of Management and Budget R. Brian Townsend, Acting Asst. City Manager for Community Dev. CM07-00066 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S. W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER Deputy Director email: allll_shawver@ci.roanoke.va.us JESSE A. HALL Director of Finance email:jesseJlall@ci.roanoke.va.us May 7, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Mem ber Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: March Financial Report Attached is the monthly financial report through March, with discussion of revenue and expenditure trends for the first nine months of the fiscal year. In general, the overall economy is still exhibiting reasonable growth, as well as our local economy, as evidenced by the growth in our local business taxes. Although the due date for our business license tax was March 1, the bulk of 'collections was received in February. There were no other major tax due dates in March. The next major tax due dates for the remainder of the fiscal year are April 5 for the second installment of real estate and May 31 for personal property. Comments on revenue and expenditure trends are a follows: Revenues Roanoke's fiscal year 2007 adopted budget anticipates revenue growth of 7.1 %. General Fund revenues grew 7.3% through March. Most revenues are growing as anticipated. Detailed comments on budgetary variances for our major revenues are addressed as follows: General Property Taxes increased 9.0% due in part to a large Machinery and Tools tax delinquent billing processed in the current fiscal year. This particular account Honorable Mayor and Members of Council May 7,2007 Page 2 was billed and accrued for approximately $1.9 million. The account was collected in March for an adjusted amount of approximately $887,000. An exoneration was made during March for the difference between the amount billed and the amount collected. Real Estate Tax revenue also contributes to the increase due to growth in real estate reassessments and new construction. The first semi-annual installment of the real estate tax was due October 5, with a second payment due April 5, 2007. This tax is expected to grow by approximately 7.6% in FY 2007, and actual growth met this expectation for the first nine months of the fiscal year. Other Local Taxes increased 2.6% in the current fiscal year. The Business, Professional, and Occupational License tax (BPOL) was due March 1. Revenues from the tax as of March 31, 2007 are above the FY07 total adopted estimate, and are slightly higher than this time last year. Also contributing to growth in this category of taxes is the Cigarette Tax due to the rate increase from 27 cents to 54 cents per twenty pack effective July 1, 2006. While this tax rate has produced growth compared to prior years, it has not performed as well as anticipated and will underperform the revenue estimate. Sales tax is performing well on a year-to- date basis, and is exceeding projections. Sales tax growth through March totaled 7.5% compared to the same period during FY06. Also adding to the growth in this category are increases in both Prepared Food and Beverage and Transient Occupancy tax revenues of 5.2% and 6.4%, respectively. Conversely, there has been a decrease in the Telecommunications Revenues due to the timing of the first receipt under the new program. The new Telecommunications Tax went into effect January 1, 2007. However, the first distribution to localities occurred in March. Collections of the new tax statewide are lower than anticipated. The Virginia Department of Taxation will be auditing the implementation process. This new tax was intended to be revenue neutral relative to the taxes it replaced. Fines and Forfeitures increased 8.1 % due in part to an increase in Collection Fees revenue. Higher revenue from General District Court fines due to an increased case load also contributed to the variance. Revenue from the Use of Money and Property increased 65.2% due in part to a timing difference in the collection of Health Department rent and several leases being re-established at higher renewal rates. In addition, the City is benefiting from higher interest rates. Grants-in-Aid Commonwealth grew 11.3% in part due to a timing difference in the collection of personal property tax relief revenues. Also contributing to the Honorable Mayor and Members of Council May 7,2007 Page 3 increase are reimbursements to fund the costs of constitutional officers, AFDC Foster Care revenues, and funding for law enforcement through HB 599. These revenues have grown as expected based on state budgetary data. Miscellaneous Revenue increased 8.2% in the current fiscal year primarily due to the collection of larger purchasing card rebates than in prior years. Expenditures General Fund obligations as a whole increased 7.8%. The FY07 expenditure budget includes funding of approximately $1.2 million to cover contracts and purchase orders made during FY06 but not paid by the end of that year. City Council approved re-appropriation of this funding when adopting the General Fund budget in May. Additionally, General Fund expenditures of all departments are affected by a 4% pay raise effective July 1, 2006. Other than these items, which affect most categories of expenditures, variances between FY06 and FY07 are addressed as follows: Judicial Administration expenditures increased J 3.5% due in part to an increase in the number of juveniles housed at the Roanoke Valley Juvenile Detention Center in the current fiscal year. Public Safety expenditures increased 8.6% due to the aforementioned pay raise, as well as an increase in the cost of prison health care services and food. Health and Welfare expenditures increased 10.3% primarily due to higher foster care and special needs adoption expenditures as a result of a higher rate of child placement. Parks, Recreation, and Cultural expenditures grew 12.1 % due in part to the aforementioned pay raise. An increase in workers compensation expenditures as well as a professional contract for accreditation also contributed to the variance. Transfer to Debt Service Fund expenditures increased 7.2% primarily as a result of the Series 2006 A & B general obligation bond issuances. Debt payments for these series commenced in the current year. Nondepartmental expenditures increased 29.8% due to an increase in the amount of undesignated fund balance transferred to the Capital Projects, Civic Facilities, Honorable Mayor and Members of Council May 7,2007 Page 4 Market Building, and Grant funds. These transfers fluctuate from year to year based on the needs of each fund and availability of fund balance. Sincerely, !)~A,N4 Jesse A. Hall Director of Finance JAH:LCVC:ca Attachments c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk James Grigsby, Assistant City Manager R. Brian Townsend, Acting Assistant City Manager Sherman M. Stovall, Director of Management and Budget CITY OF ROANOKE, VIRGINIA REPORT OF CITY MANAGER TRANSFERS MARCH 31, 2007 Transfer Number Date Explanation From To Amount CMT06-00175 07/25/06 Office Space for Art Coordinator Contingency - General Economic Development and Special Projects Coordinator Fund $ 15,796 CMT06-00195 08/08/06 Re-assignment of Responsibility Transportation - Building Maintenance for Fire Alarm System Engineering and Maintenance Operations 26,057 CMT06-00202 08/30/06 Vehicle Replacement Jail Fleet Management _ Nonoperating 15,000 CMT06-00204 09/08/06 Additional Funding for South Capital Reserve - South Jefferson Redevelopment Jefferson Redevelopment Economic Development Project (Riverside Centre Project) 13,726 CMT06-DD220 09129106 Additional Funding for Contingency - Capital Amphitheater Market Demand Amphitheater Market Demand Projects Fund Sludy Sludy 14,400 CMT06-00223 11/09106 Additional Funding for the Weed Contingency - General Housing and Neighborhood and Trash Abatement Program Fund Service 37,210 CMT06-00231 11/17/06 Transfer of Emergency Emergency Fire/EMS Management Unit to Fire/EMS Management 36,093 CMT06-00240 12/21/06 Re-assignment of Library Custodial Library Cleaning Contract Services/Building Maintenance 54.560 CMT06-00255 12/27/06 Funding for Raleigh Court Civic Contingency - General Arts Festival League Roanoke Memories Fund Project 15,000 CMT07-00009 01/17/07 Conference Room Furniture Contingency - General City Manager Fund 14,930 CMT07-00015 02/02/07 City-Schools Study of Finance Contingency - General Department of Finance and Purchasing Fund 29,505 CMT07-00024 02/01/07 Golf Tournament Funds for Dare Mini Grantsl Donation & Sheriff Program Jail 10,188 CMT07-00042 03/13/07 Amphitheater Site Study Capital Project Amphitheater Market Demand Contingency Study 20,100 Notes: Under City Code section 2-121, the City Manager has authority to m~ke transfers up to $75,000 between departments from July through March and in any amount from April to June. The City Manager has the authority to make unlimited transfers within departments. The scope of this report is limited to interdepartment transfers that are $10,000 or greater. CITY OF ROANOKE, VIRGINIA REPORT OF CITY MANAGER CONTINGENCY MARCH 31, 2007 Transfer Number Date Explanation To Amount Balance of Contingency at July 1, 2006 $ 857,354 Continaency Transfers: CMT06-00175 07/25/06 Office Space for Art Coordinator and Special Projects Coordinator Economic Development (15,796) CMT06-00215 09/15/06 Balance Budget Between Transfer to Parking Fund and Transfer from General Fund for 8 Jefferson Place Parking Fund 450 BO 37523 11/15106 Local Match for FY07 Victim Grant Fund (1,287) Witness Grant CMT06-00226 11/01/06 Feral Cat Committee Publication City Manager (1,250) CMT06-00235 11/08/06 One-time Audit of the City's Municipal Auditing (3,500) Telecommunications Taxes and Fees CMT06-00223 11/09106 Weed and Trash Abatement Housing and Neighborhood Services (37,210) Program CMT06-00255 12/27/06 Raleigh Court Civic League Arts Festival, Economic (23,231) Roanoke Memories Project, Local Development, Planning and Building Share of the Department of Historic Development Resources Costs, Payment to Airport Commission for Use of the Countryside Fly Over Zone. CMT07 -00009 01/17/07 Conference Room Furniture City Manager (14,930) CMT07-00015 02102/07 City-Schools Study of Finance and Department of Finance (29,505) Purchasing Available Contingency at March 31, 2007 $ 731,095 2 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period Revenue Source General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Internal Services Miscellaneous Revenue Total July 1 - March 31 2005-2006 S 54.944,890 46,669,314 892.539 1,096.368 789,885 33,129,031 19,384 6,329,339 2.008,218 421,629 $ 146,300,597 July 1 - March 31 2006-2007 $ 59.862,718 47,888,925 853,942 1.184,660 1,305.236 36,887,533 6,497.845 2,092,246 456,181 $ 157,029,286 Current Fiscal Year Percent of Revenue Estimate Received 65.9% 68.5% 69.1% 92.0% 189.4% 57,8% 0.0% 75.7% 74.6% 72.5% 65.5% Percentage of Change 9.0 % $ 2.6 % -4.3 \>/0 8.1 % 65.2 % 11.3 % 0.0 % 2.7 % 4.2 % 8.2 % 7.3 % Revised Revenue Estimates 90.878,000 69,936,000 1,236,000 1.287,000 689,000 63,842,645 38.000 8,581,035 2.803,000 629,000 $ 239,919,680 STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Percent of July 1 . March 31 July 1 - March 31 Percentage Unencumbered Revised Budget Expenditures 2005-2006 2006-2007 of Change Balance Appropriations Obligated General Government S 8,877,551 S 9,281,277 4.5 % $ 3,521,205 S 12,802.482 72,5% Judicial Administration 4,956,633 5,628,188 13.5 % 2,026,398 7,654,586 73.5% Public Safety 42,255.675 45.891,566 8.6 % 14.396.331 60,287.897 76.1% Public Works 17,754.244 18.303,494 31 % 6,702.736 25,006,230 73,2% Health and Welfare 23.615,492 26,044,585 10.3 % 8,388,804 34.433.389 75.6% Parks. Recreation and Cultural 7.214.754 8,088,568 12.1 % 2.782,359 10.870,927 74.4% Community Development 4,533,485 4.633,202 2,2 % 1,494,760 6,127,962 75.6% 'Transfer to Debt Service Fund 17,634.793 18.909,477 7.2 % 333,095 19,242,572 98.3% 'Transfer to School Fund 42,201,655 44,316,474 5.0 % 15.352,569 59,669,043 74.3% Nondepartmental 5,489.388 7,127.941 29,8 % 2,991,820 10,119,761 70.4% Total $ 174,533,670 $ 188,224,772 7.8 % $ 57,990,077 $ 246,214,849 76.4% 3 Current Fiscal Year CITY OF ROANOkE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Year to Date for the Period 42.201,655 $ 88,467,722 July 1 ~ March 31 2006-2007 $ 6,957,630 41,991,953 90,198 1,591,936 (34,109) 43,316,474 $ 93,914,082 Percentage of Channe 0.45 % 10.16 % ~6.85 % 40.89 % % 2.64 % 6.16 % Revised Revenue Estimates $ 13,447,973 58.229,837 142,600 2,632,500 25.000 58,699,270 $ 133,177,080 Current Fiscal Year Percent of Revenue Estimate Received 51.74 % 72.11 % 63.30 % 60.47 % -136.44 % 73.79 % 70.52 % Revenue Source State Safes Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Govemment Charges for Services Interest On Investments Transfer from Other Funds Total July 1 . March 31 2005.2006 $ 6,926,457 38,112,841 96,826 1,129,943 SCHOOL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year Percent of July 1 . March 31 July 1 - March 31 Percentage Unencumbered Revised Budget EXDenditures 2005-2006 2006-2007 of Change Balance Appropriations Obligated Instruction $ 64,889,956 $ 67,820,764 4.52 % $ 29,603,062 $ 97.423,826 69,61 % General Support 4,352,608 4,726,983 8.60 % 1,932,947 6,659,930 70,98 % Transportation 4,268,618 4,205,870 -1.47 % 2,288,816 6.494,686 64,76 % Operation and Maintenance of Plant 9,698,502 11,666,449 20.29 % 2,388,599 14,055,048 83.01 % Facilities 2,665,487 143,072 -94.63 % 1,219,948 1,363,020 10.50 % Other Uses of Funds 6,701,809 7,901,567 17,90 % 79,205 7,980,772 99,01 % Total $ 92,576,960 $ 96,464,705 4.20 % $ 37,512,577 $ 133,977,262 72.00 % 4 CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE INCOME STATEMENT FOR THE NINE MONTHS ENDING MARCH 31, 2007 FY 2007 FY 2006 Operating Revenues Rentals $ 466,535 $ 571,540 Event Expenses 175,738 132,414 Display Advertising 81,336 102,003 Admissions Tax 245,725 356,936 Electrical Fees 14,918 7,635 Novelty Fees 38,965 84,001 Facility Surcharge 189,171 225,274 Charge Card Fees 47,419 61,221 Commissions 26,644 40,282 Catering/Concessions 634,289 856,651 Other 425 6,114 Total Operating Revenues 1,921,165 2,444,071 Operating Expenses Personal Services 1,536,582 1,540,984 Operating Expenses 1,317,757 1,547,327 Depreciation 390,411 411,334 Total Operating Expenses 3,244,750 3,499,645 Operating Loss (1,323,585) (1,055,574) Nonoperating Revenues/(Expenses) Interest on Investments 28,608 41 ,766 Transfer from General Fund 1,553,994 809,625 Transfer from General Fund - Victory Stadium 125,841 Transfer to Debt Service Fund (63,369) (64,869) Interest and Fiscal Charges (70,400) (70,457) Arena Ventures Contractual Penalties 133,585 Viper Hockey Performance Bond 65,254 Miscellaneous 7,205 3,230 Net Nonoperating Revenues 1,521,292 978,721 Net Income/(Loss) $ 197,707 $ (76,853) 5 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE INCOME STATEMENT FOR THE NINE MONTHS ENDING MARCH 31, 2007 FY 2007 FY 2006 Operating Revenues Market Garage $ 285,095 $ 308,228 Elmwood Park Garage 390,891 395,965 Center in the Square Garage 164,419 162,815 Church Avenue Garage 476,615 491,903 Tower Garage 365,007 363,615 Gainsboro Garage 86,542 90,779 Williamson Lot 59,932 62,851 Norfolk Avenue Lot 15,673 Higher Ed Center Lot 38,710 35,979 Market Lot 23,633 38,000 Elmwood Lot 60,812 60,420 Warehouse Row Lot 22,326 19,283 West Church/YMCA Lots 19,703 22,913 Total Operating Revenues 1,993,685 2,068,424 Operating Expenses Operating Expenses 819,000 853,190 Depreciation 424,071 430,359 Total Operating Expenses 1,243,071 1,283,549 Operating Income 750,614 784,875 Nonoperating Revenues (Expenses) Interest on Investments 102,346 64,343 Miscellaneous 43,997 Interest and Fiscal Charges (210,751) (225,121) Net Nonoperating Expenses (64,408) (160,778) Net Income $ 686,206 $ 624,097 6 CITY OF ROANOKE, VIRGINIA MARKET BUILDING FUND COMPARATIVE INCOME STATEMENT FOR THE NINE MONTHS ENDING MARCH 31, 2007 FY 2007 FY 2006 Operating Revenues Retail Space Rental $ 199,414 $ 207,683 Total Operating Revenues 199,414 207,683 Operating Expenses Operating Expense 210,387 224,157 Depreciation 7,722 5,785 Total Operating Expenses 218,109 229,942 Operating Loss (18,695) (22,259) Nonoperating Revenues I nterest on Investments 16,825 2,708 Transfer from Capital Projects Fund 474,300 Transfer from General Fund 280,500 17,500 Miscellaneous 130 Total Nonoperating Revenues 771,625 20,338 Net Income/(Loss) $ 752,930 $ (1,921) 7 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED MARCH 31, 2007 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED MARCH 31,2007. CONSOLIDATED FUNDS BALANCE AT FEB 28, 2007 $70,325,465.59 DISBURSEMENTS $34,776,509.97 RECEIPTS $49,579,34967 CERTIFICATE BALANCE AT MAR 31, 2007 $85,128,305.29 I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDING MARCH 31, 2007. THAT SAID FOREGOING: CASH CASH IN tiAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: COMMERCIAL HIGH PERFORMANCE MONEY MARKET COMMERCIAL PAPER LOCAL GOVERNMENT INVESTMENT POOL MONEY MANAGEMENT ACCOUNT U. S. AGENCIES VIRGINIA AIM PROGRAM (U. S. SECURITIES) VIRGINIA SNAP PROGRAM (U. S. SECURITIES) TOTAL $1,959,362.99 1,509,373.72 800,000.00 1,460,896.46 29,653,677 .25 10,473,095.33 16,500,000.00 15,411,374.59 7,360,524.95 $85,128,305.29 APRIL 24, 2007 8 BALANCE AT MAR 31, 2006 $108,213,557.91 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE NINE MONTHS ENDED MARCH 31,2007 FY 2007 FY 2006 Additions: Employer Contributions $ 7,842,311 $ 6,297,098 Investment Income Net Appreciation in Fair Value of Investments 28,549,141 27,354,682 Interest and Dividend Income 9,876,884 3,974,189 Total Investment Income 38,426,025 31,328,871 Less I nvestment Expense 223,698 233,605 Net Investment Income 38,202,327 31,095,266 Total Additions $ 46,044,638 $ 37,392,364 Deductions Benefits Paid to Participants Administrative Expenses Total Deductions $ 17,521,349 317,046 $ 17,838,395 $ 16,210,655 309,064 $ 16,519,719 Net Increase 28,206,243 20,872,645 Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 Fund Balance March 31 334,232,043 $ 362.438,286 318,675,367 $ 339,548,012 9 CITY OF ROANOKE PENSION PLAN BALANCE SHEET MARCH 31, 2007 FY 2007 FY 2006 Assets Cash $ 825,140 $ 525,319 Investments, at Fair Value 363,587,664 340,887,966 Due from Other Funds 1,272 1,431 Total Assets $ 364,414,076 $ 341,414,716 Liabilities and Fund Balance Liabilities: Due to Other Funds Accounts Payable $ 1,975,224 566 $ 1,862,003 4,701 Total Liabilities 1,975,790 1,866,704 Fund Balance: Fund Balance, July 1 Net Gain - Year to Date 334,232,043 28,206,243 318,675,367 20,872,645 Total Fund Balance 362,438,286 339,548,012 Total Liabilities and Fund Balance $ 364,414,076 $ 341,414,716 10 ~. ':,'.~'~'., .. ~'..) ;/,rj: ~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011'1536 Telephone: (540) 853-2541 Fax: (540) 853.1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk May 8, 2007 CECELIA R. TYREE Assistant Deputy City Clerk File #1 S-ll 0-249 Mr. William D. Bestpitch 381 Washington Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Bestpitch: At a regular meeting of the Council of the City of Roanoke held on Monday, May 7, 2007, you were appointed as a member of the Architectural Review Board, to fill the unexpired term of Lora J. Katz ending October 1, 2010. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (l9S0), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." Mr. William D. Bestpitch . May 8, 2007 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Architectural Review Board. Sincerely, J;NJ~ 'r<\. hjO~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Candice Martin, Secretary, Architectural Review Board Sheila N. Hartman, Deputy City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the seventh day of May 2007, WILLIAM D. BESTPITCH was appointed as a member ofthe Architectural Review Board; to fill the unexpired term of Lora J. Katz ending October 1, 2010. Given under my hand and the Seal of the City of Roanoke this eighth day of May 2007. ~D":t."'rn.~~ City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax, (540) 853-1145 E-mail: derk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk May 8, 2007 File #15-110-178 CECELIA R. TYREE Assistant Deputy City Clerk Mr. Jason L. Moore 4610 Trevino Drive, N. W. Roanoke, Virginia 24019 Dear Mr. Moore: At a regular meeting of the Council of the City of Roanoke held on Monday, May 7, 2007, you were appointed as a member of the Fair Housing Board for a term ending March 31, 2010. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 4S6 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." Mr. Jason L. Moore May 8, 2007 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Fair Housing Board. Sincerely, ~rr,.~~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Angie Williamson, Secretary, Fair Housing Board Sheila N. Hartman, Deputy City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the seventh day of May 2007, JASON l. MOORE was appointed as a member of the Fair Housing Board for a term ending March 31, 2010. Given under my hand and the Seal of the City of Roanoke this eighth day of May 2007. ~)n.~~ City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fa" (540) 853-1145 E-mail: derk@roanokeva.gov SHEILA N. HARTMAN Assistant City Clerk STEPHANIE M. MOON, CMC Acting City Clerk May 8, 2007 CECELIA R. TYREE Assistant Deputy City Clerk File #15-110-230 Ms. Lucy H. Lee 515 Darwin Road, S. W. Roanoke, Virginia 24014 Dear Ms. Lee: At a regular meeting of the Council of the City of Roanoke held on Monday, May 7, 2007, you were appointed as a member of the Roanoke Arts Commission, to fill the unexpired term of Susannah Koerber ending June 30, 2009. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 4S6 in the Noel C. Taylor Municipal Building, 21 S Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (19S0), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." K:\oath and leaving service\Arts Commission\Lucy H Lee oath.doc Ms. Lucy H. Lee May 8, 2007 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Arts Commission. Sincerely, ~rn.h)o~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Wanda McGill, Secretary, Roanoke Arts Commission Sheila N. Hartman, Deputy City Clerk K:\oath and leaving service\Arts Commission\Lucy H Lee oath.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the seventh day of May 2007, LUCY H. LEE was appointed as a member of the Roanoke Arts Commission, to fill the unexpired term of Susannah Koerber ending June 30, 2009. Given under my hand and the Seal of the City of Roanoke this eighth day of May 2007. ~ rn. hjOInv City Clerk K:\oath and leaving service\Arts Comrnission\Lucy H Lee oath.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011.1536 Telephone: (540) 853-2541 Fax: (540) 853.1145 [.mail: clerk@roanokeva.gov SHEILA N. HARTMAN . Assistant City Clerk STEPHANIE M. MOON, CMC Acting City Clerk CECELIA R. TYREE Assistant Deputy City Clerk May 8, 2007 File #1 5-110-304 Ms. Angela Holland 128 Hurst Avenue, N. E. Roanoke, Virginia 24012 Dear Ms. Holland: At a regular meeting of the Council of the City of Roanoke held on Monday, May 7, 2007, you were appointed as a member of the Youth Services Citizen Board, to fill the unexpired term of Juan Motley ending May 31, 2009. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." Ms. Angela Holland May 8, 2007 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Youth Services Citizen Board. Sincerely, JHf2~ 'rn. r:\o-.v Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Marion A. Vaughn-Howard, Superintendent, Youth Services Division, Parks and Recreation Department Sheila N. Hartman, Deputy City Clerk COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) To-wit: I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of the Council of the City of Roanoke, which was held on the seventh day of May 2007, ANGELA HOLLAND was appointed as a member of the Youth Services Citizen Board, to fill the unexpired term of Juan Motley ending May 31, 2009. Given under my hand and the Seal of the City of Roanoke this eighth day of May 2007. g~rn. ~ City Clerk LEA FISCAL YEAR 2007-2008 BUDGET STUDY MAY 10, 2007 8:30 A.M. ROOM 159 AGENDA I. Call To Order - Roll Call (A quorum was present. Council Member Dowe and Fitzpatrick were late. II. Opening Remarks. Mayor Harris. III. Items Referred to Budget Study a. Deer Management Program b. Motor Vehicle Decal IV. Other Items Targeted for Review a. Parking Rate Adjustments b. Capital Improvement Program Update c. Retiree Pay Raise d. Tax Rate Energy Efficient Buildings e. School Resource Officer - Noel C. Taylor Academy f. Other Items V. Closing Comments. None. VI. Adjournment. L\CLERK\DATA\CKEWI\ACTION AGENqA\Action Agenda 07\May 07\2007-08 Budget Study Action Agenda.doc THE CITY COUNCil Will MEET ON MAY 14, 2007, AT 2:00 P.M., IN THE CITY COUNCil CHAMBER, FOURTH FlOOR, NOEL C. TAYLOR MUNICIPAL BUilDING, FOR THE PURPOSE OF ADOPTING THE 2007-2008 FISCAL YEAR BUDGET FOR THE CITY OF ROANOKE. L:\CLERK\DATA\CKEWl\ACTlON AGEN~\Action Agenda 07\May 07\2007-08 Budget Study Action Agenda.doc ~ Fiscal Year 2007-08 City Council Budget Study , , \, Budget Study Agenda , '- . Referred To' Budget Study . Deer Management Program . Motor Vehicle Decal · Other Items Targeted For Review . Parking Rate Adjustments . Capital Improvement Program Update . Retiree Pay Raise . Tax Rate Energy Efficient Buildings . School Resource Officer - Noel C. Taylor Academy . Other Miscellaneous Items 2 1 Deer Management Background . FY 2003-04 . Used retired police officers to provide deer culling services and contractor for processing . FY 2004-05 . Contracted with external vendors (White Buffalo, USDA, and Lost Arrow Fish Farm) to provide deer culling and meat processing . FY 2005-06 . Contracted with USDA to provide deer culling and meat processing 3 FY FY FY 2003-04 2004-05 2005-06 Culling $15,284 $57,886 --.._- Processing 7,845 7,560 ----- Total $23,129 $65,446 $44,945 Deer Culled 109 217 110 Average $212.19 $301.59 $408.59 Cost Per Deer Deer Management Note: In FY 2003-04, program did not get underway until late November 2003 In FY 2006, USDA did culling and processing 4 2 Elimination of Motor Vehicle Decal . Recommendation: . Continue to impose a motor vehicle license tax but eliminate the use of decals . Simplify current tax structure by amending the code to reduce the number of classes of vehicles . Effective with 2008 tax year . Recommended Tax Structure: . $20 Flat Rate - All automobiles, motor homes, and light trucks under 10,000 Ibs. GVWR not specifically exempted by state regulations - Results in a "no change" tax payment for most passenger vehicles 5 Elimination of Motor Vehicle Decal . Recommended Tax Structure: . $30 Flat Rate - All trucks 10,000 Ibs. and over GVWR not specifically exempted by state regulations - Currently pay $23-$66, per vehicle based on weight - Average current tax of $33 . $30 Flat Rate - Any passenger vehicle not specifically identified within code - covers any unusual vehicles not contemplated elsewhere in the code - Current rate of $5 in addition to $.70 per 100 Ibs. . No change in rate for: motorcycles - $8, small trailers - $6.50, church buses - $20, or camping trailers - $20. 6 3 Elimination of Motor Vehicle Decal . Recommended Tax Structure: . Remove the provisions to prorate and/or transfer tax - Pay full fee to add a vehicle - This is consistent with Roanoke County . Impact of Changes: . Revenue source neutral at $1.8 million . No tax increase for 99.99% oftaxpayers . Cost savings of approximately $30,000 annually 7 Parking Rate Adjustments Rate Current Proposed Daily Rate: Center In the Square, $.75 per half hr. $1 per half hr.; $6 Church Avenue, Tower, and daily maximum Market Garages Gainsboro Garage $.50 per hour $.50 per half hour, $5 (rate charged) daily maximum Higher Education Ctr. Lot $.50 per half hour $.50 per hour (rate charged) Monthly Rate: $85 reserved $90 reserved Center In The Square Garage $65 unreserved $70 unreserved Event Rate: Elmwood Lot, Elmwood ----- $2 Garage, Williamson Lot Warehouse Row Lot ----- $2 Rate increase at Market Garage not implemented until construction is complete B 4 Rate Current Proposed Night Rate: Church Avenue Garage, Gainsboro Garage, Lower ----- $2 Gainsboro Lot, Higher Education Center Lot NightlWeekend Rate: Tower Garage and Market ----- $2 Garage Center In The Square $2 $3 Garage Parking Rate Adjustments 9 Parking Rate Adjustments . Higher Education Center Lot /Gainsboro Garage: . Rates charged have not been adjusted since 200 I . Monthly rate of $35 is lower than the $65 rate charged at other City-owned facilities . Students receive a 50% discount on monthly rate and pay $17.50 . Daily rate lower than rate charged at other City- owned facilities. . With recommended rate increase, r.!J.te will continue to be lower than what is charged at City facilities 10 5 Parking Rate Adjustments . Recommended Daily Rate Adiustments : . Rates have not been adjusted since 2003 . Recommended adjustments move rates closer, but not to market value . Rates will continue to be below market value based on rates charged by private parking suppliers . Private parking suppliers recently adjusted rates 11 Parking Rate Adjustments . Recommended Night/Weekend/Event Rate: . Night rate has been in effect at Center In The Square Garage - $2 . Over the past two years, indicated plans to establish rate at other facilities to fund the remaining debt issuance for the Campbell Avenue Garage . Rate reflects demand for parking during this time 12 6 Parking Rate Adjustments · Other considerations: . Parking Fund is generally self-supporting . FY 2008 budget includes a General Fund supplement of $142,500 to support potential debt service to support basic repairs to the Market Garage . Mitigate need for further rate adjustment . Rates are set to provide for the operation, maintenance, and when needed, expansion of parking 13 Parking Rate Adjustments . Other considerations: . Proposed rate increase projected to result in net revenue of $256,000 needed for debt service in FY 2009 . If rate increase is not approved, it will require . . Adjustment in budget for maintenance of parking facilities . Additional supplement from the General Fund . Parking Fund becomes more dependent on the General Fund . As Parking Fund becomes less self-sufficient, bond rating agencies may consider debt to be General Fund supported and have an impact on debt limits. 14 7 Capital Improvement Program · Revisions: . Increased cost and additional debt for the Patrick Henry High School project ($4.6 million additional debt) and William Fleming Project ($12.250 million additional debt) . Police Academy - $5.5 million (FY 2009) . Library Master Plan Phase I - $7.1 million (FY 2009) . Library Master Plan Phase II - $7.95 million (FY 2012) . Parks and Recreation Master Plan - $30 million . $15 million (FY 2010) . $15 million (FY 2011) . Bridge Renovation - $2.75 million (FY 20 I 0) . Curb/Gutter/Sidewalk - $2.25 million (FY 20 I 0) 15 Capital Improvement Program . Debt Service Funding Requirements: . Current plan assumes additional $570,000 through FY 2010 . Recommended revised plan requires an additional $2.5 million, above the planned $570,000, from FY 2009 - FY 20 I 3 16 8 Future General Fund Debt Service Requirements and Projected Funding Available for Debt Service '0000 III 25.000 ~..,' , " 10.000 20.000 _OeblSer,;ceRequirementsUpon 18.909 20.425 20.310 23.201 24.497 25.67626.149 26.442 25.16 Issuance __Projected Funding Available for 20.98221.66722.834 23.404 23.975 23.975 23.975 23.97523.975 DebtSeMce Excess Capacity (Shortage) 2.073 1242 2.524 0.204 -0523 .1.701 -2.175 .2.468 -'.185 17 Debt Limitation Ratios Net Bonded Debt Debt Service to Debt to Reduction General and School Real Estate (5%) In 10 vrs (50%) Fund Expenditures (10%) . FY 2004 3.7% 67% 7.1% . FY 2005 4.4% 69% 7.1% . FY 2006 4.4% 68% 8.1% . FY 2007 3.9% 71% 8.8% . FY 2008 4.1% 70% 8.6% . FY 2009 4.0% 70% 9.5% . FY 2010 3.9% 72% 9.7% . FY2011 3.6% 73% 9.6% . FY 2012 3.3% 75% 9.3% . FY 2013 2.8% 77% 8.9% 18 9 Debt Capacity After Future Planned Debt Issuances (in millions) '" 45.073 42.502 "''' 60 " eo eo aOebtC aCI Debt capacity is based on debt service payments nol exceeding 10% of General Fund expenditures. Debt capacity is based on 5.5% interest. 19 Retiree Benefits - Cost of Living Adjustment . Factors considered in providing an adjustment: . Change in the consumer price index . Increase cost to the pension plan . Level of raises provided by similar plans within the state . Eligible members of the pension plan received a 3% cost-of-living-adjustment on July I, 2006. . Note: . Eligible members of the pension plan receive a health insurance supplement to age 65, the age of Medicare eligibility. Also, a 457 Deferred Compensation Plan is available to allow employees to save for retirement. 20 10 Retiree Benefits - Cost of Living Adjustment Association of Municipal Retirement Systems of Virginia Cost of Living Adjustments Locality Proposed FY 08 Alexandria 3.1% Arlington County 3.0% Charlottesville 2.0% Fairfax County -Education 3.0% Falls Church .90% Newport News 2.1% Oanville 3.0% Norfolk 2.0% Richmond No Adjustment VRS 3.1% 1 Social Security 3.30% Retiree Benefits - Cost of Living Adjustment . Recommendation: . Provide a 2.0% increase to eligible members of the Pension Plan, effective July I, 2006 . Provides for an increase in the average annual retirement allowance of approximately $266 on an annual basis . Cost of an additional $428,000 in benefits annually or $285,000 in annual contributions to the Pension Plan. This equates to a 0.4% increase in the contribution rate. . Pro-rata share of annual contributions for City of Roanoke - $231,420 22 11 Tax Rate - Energy Efficient Buildings . Background . During the recently completed 2007 session of the General Assembly, energy efficient buildings were declared to be considered a separate class of real estate for the purpose of local taxation. . Legislation allows for localities to establish a different rate for energy efficient buildings . Recommendation . Establish a special tax rate of $1.07 for buildings that qualify as energy efficient . Buildings will be eligible for special tax rate for five years . Program will be administered by Planning Building and Economic Development, Real Estate Valuation, Commissioner of the Revenue, and Treasurer 23 School Resource Officers . At the joint meeting of City Council and School Board on Monday, May 7, School Board indicated that the FY 2007-08 School Budget contains funding in the amount of $63,333 for an additional School Resource Officer at the Noel C. Taylor Academy . Requested City of Roanoke pay half of the cost . Current Situation . School Division reimburses the City of Roanoke for the cost of Resource Officers at high schools . Police Department and Sheriffs Office provide Resource/Dare Officers at middle schools and elementary schools with no reimbursement . School Division currently pays off-duty officers to serve in Resource Officer role at the Taylor Acad12fil1Y 12 School Resource Officers . Current Situation (continued) . Police Department suggested reassigning one of the current high school resource officers . Recommendation . Taylor Academy should be considered in the high school category with the additional Resource Officer paid for by School Division 25 Other Items · Letter to Council, dated May 3, 2007, provided additional information on: . Recommended funding to Event Zone . Recommended HUD Budget funding to West End Center . Sheriff/Jail Budget Reduction 26 . __ -13 Fiscal Year 2007-08 City Council Budget Study 27 14