HomeMy WebLinkAboutCouncil Actions 12-16-19ROANOKE CITY COUNCIL
REGULAR SESSION
DECEMBER 16, 2019
2:00 P.M.
CITY COUNCIL CHAMBER
215 CHURCH AVENUE, S. W.
AGENDA
1. Call to Order - -Roll Call. All Present.
BESTPITCH
41633- 121619
The Invocation was delivered by The Reverend Kenneth Lane, Pastor,
Trinity Lutheran Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Sherman P. Lea, Sr.
Welcome. Mayor Lea.
NOTICE:
This afternoon's Council meeting will be televised live and replayed on RVTV
Channel 3 on Thursday, December 19 at 7:00 p.m., and Saturday, December 21
at 4 :00 p.m.; and video streamed through Facebook Live at
facebook.com /RoanokeVa. Council meetings are offered with closed captioning
for the hearing impaired.
ANNOUNCEMENTS:
The Council of the City of Roanoke is seeking applications for the following
current vacancies and /or upcoming expirations of terms of office:
Architectural Review Board — one vacancy
Mill Mountain Advisory Board — one vacancy
Roanoke Valley - Alleghany Regional Commission — one vacancy
Access the City's homepage to complete an online application for the
abovementioned vacancies.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE.
3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
City Council sets this time as a priority for citizens to be heard. All matters will be
referred to the City Manager for response, recommendation or report to Council,
as he may deem appropriate.
Freeda Cathcart, 2516 Sweetbriar Avenue, S. W., appeared before the
Council regarding preservation of the Caretaker's Cabin.
4. CONSENT AGENDA:
(APPROVED 7 -0)
All matters listed under the Consent Agenda are considered 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 A communication from Council Member Michelle L. Davis, Chair, City
Council Personnel Committee, requesting that Council convene in a Closed
Meeting to discuss a personnel matter, being selection of candidates to be
interviewed for the City Clerk position, pursuant to Section 2.2 -3711 (A)(1), Code
of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C -2 A communication from the City Manager recommending adoption of the
Calendar of Events for Budget Development Activities for Fiscal Year 2020 —
2021.
RECOMMENDED ACTION: Concurred in the request.
C -3 Annual Report of the Market Building Foundation for FY 2018 - 2019.
RECOMMENDED ACTION: Received and filed.
C -4 A communication from the City Manager transmitting the FY2020 City
Manager Transfer Report for the First Quarter ended September 30, 2019.
RECOMMENDED ACTION: Received and filed.
2
REGULAR AGENDA:
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS: NONE.
7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE
CITY MANAGER:
a. CITY MANAGER:
BRIEFINGS:
• FY 2019 Audited Results - 20 minutes
Received and filed.
ITEMS RECOMMENDED FOR ACTION:
1. Appropriation of insurance proceeds in connection with the Villa
Heights Recreation Center renovation.
Adopted Budget Ordinance No. 41633- 121619. (7 -0)
2. Acceptance of the 2019 Cities for Financial Empowerment Grant.
Adopted Resolution No. 41634- 121619 and Budget Ordinance
No. 41635-121619. (7 -0)
COMMENTS OF THE CITY MANAGER.
The City Manager offered the following comments:
City Offices to Close for Upcoming Holidays
City offices will be closed for the Christmas Holiday on Wednesday,
December 25, and for the New Year's Holiday on Wednesday, January 1,
2020.
Solid Waste Collection Changes
As a result of the City closing its offices for the holidays, Solid Waste
Collection for brush, bulk, trash and recycling will be conducted on those
weeks as follows:
• Monday and Tuesday routes will be collected on the regular schedule.
• Wednesday and Thursday routes will be collected one day later than
normal.
3
Christmas Week will be "A Week" recycling, and New Year's Week will
be "B Week" recycling.
Leaf Collection Ends Soon
This week is the final week of our Leaf Collection Program.
• The City will collect an unlimited number of biodegradable paper bags
filled with leaves, placed at the curb.
• During leaf collection, bulk and brush collection will continue, and
recycling will follow the normal schedule.
Snow Removal Information Available On -line
• As we anticipate winter weather, remember the City has a special page
on its website containing information about snow removal at
roanokeva.gov /snowremoval. The page offers guidance on how to
receive news and updates from the City during snow events, contact
information for utility outages, and priorities for clearing city streets.
b. CITY ATTORNEY:
1. Execution of contracts among the City Treasurer, Taxing Authority
Consulting Services, P. C., and Penn Credit Corporation, for
collection of delinquent taxes and other charges.
Adopted Resolution No. 41636- 121619. (7 -0)
2. Amendment of the City Code to change date of the Organizational
Meeting of Roanoke City Council due to change in the date of the
local general election from first Monday in May 2020 to Tuesday
followed by first Monday in November 2020.
Adopted Ordinance No. 41637- 121619. (7 -0)
3. Authorization to repeal Ordinance No. 41366- 012219 in order to
increase and establish salaries of the Mayor and Members of
Council, effective July 1, 2021.
Adopted Ordinance No. 41638- 121619. (7 -0)
4. Execution of a Quitclaim Deed from the Commonwealth of Virginia
conveying the residual rights -of -way, easements and other property
interests remaining in connection with a VDOT Street Improvement
Project.
Adopted Ordinance No. 41639- 121619. (7 -0)
5. Execution of a Purchase and Sale Agreement with Terry W. Tabor
for property located at 0 Douglas Avenue, N. W., to be used as a
parking lot for Roanoke City Public Schools.
Adopted Ordinance No. 41640- 121619. (7 -0)
4
8. REPORTS OF COMMITTEES:
a. A report of the Roanoke City School Board requesting appropriation of
funds for various educational programs, and a report of the City Manager
recommending that Council concur in the request. Donna Caldwell,
Director of Accounting, Spokesperson.
Adopted Budget Ordinance No. 41641- 121619. (7 -0)
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
a. Amendment to Resolution No. 41545 - 090319 to change the date Roanoke
Neighborhood Advocates are to submit bylaws to City Council.
Adopted Resolution No. 41642- 121619. (7 -0)
b. A resolution appointing an Acting City Clerk.
Adopted Resolution No. 41643- 121619. (7 -0)
C. A resolution recognizing Stephanie Moon Reynolds as City Clerk for the
City of Roanoke.
Adopted Resolution No. 41644- 121619. (7 -0)
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and /or comments by the Mayor and Members of City Council.
Mayor Lea announced the Lea High School Winter Basketball Classic
on Saturday, January 11, 2020 at the Berglund Center.
Vice -Mayor Cobb commented on the T.A.P. sponsored event
Bridging the Community Gap held on Thursday, December 12, 2019.
He also shared information on the Homeless Memorial Service to be
held at Greene Memorial United Methodist Church Friday,
December 20, 2019.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council. NONE.
5
12. RECESSED 3:36 P.M.
THE COUNCIL MEETING DECLARED IN RECESS UNTIL 7:00 P.M., TO CONVENE
IN A CLOSED MEETING IN THE COUNCIL'S CONFERENCE ROOM; AND
THEREAFTER, TO RECONENVE AT 7:00 P.M. IN THE COUNCIL CHAMBER.
C.
ROANOKE CITY COUNCIL
REGULAR SESSION
DECEMBER 16, 2019
7:00 P.M.
CITY COUNCIL CHAMBER
215 CHURCH AVENUE, S. W.
AGENDA
Call to Order - -Roll Call. All Present.
The Invocation was delivered by The Reverend Tim Harvey, Pastor, Oak
Grove Church of the Brethren.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Sherman P. Lea, Sr.
Welcome. Mayor Lea.
CERTIFICATION OF CLOSED MEETING. (7 -0)
NOTICE:
Tonight's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, December 19 at 7:00 p.m., and Saturday, December 21 at
4:00 p.m.; and video streamed through Facebook Live at
facebook.com /RoanokeVa. Council meetings are offered with closed captioning
for the hearing impaired.
7
A. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Recognition of Senator John S. Edwards as a Veteran of the United States
Marine Corps.
The Mayor recognized and presented Senator Edwards with a medallion.
B. PUBLIC HEARINGS:
1. Approval of a request of Friendship House Roanoke, Inc., for designation
of its real and personal properties, respectively, located at 635 Elm
Avenue, S. W., as exempt from taxation. Robert S. Cowell, Jr., City
Manager.
Adopted Ordinance No. 41645- 121619. (7 -0)
2. Proposal of the City of Roanoke to convey a vacant parcel of land located
at 715 Franklin Road, S. W., to Assisi Animals Clinics of Virginia, Inc., to
expand on current veterinary care services provided to the community.
Robert S. Cowell, Jr., City Manager.
Adopted Ordinance No. 41646- 121619. (7 -0)
3. Proposal of the City of Roanoke to execute Lease Extension No. 1 to the
agreement with Old Southwest Inc., for use of the Alexander -Gish House
located at 641 Walnut Avenue, S. W. Robert S. Cowell, Jr., City Manager.
Adopted Ordinance No. 41647- 121619. (7 -0)
C. UNIFINISHED BUSINESS:
1. Continuation of the matter with regard to a proposed Contract for
Purchase and Sale of Real Property between the City of Roanoke and
Roanoke Higher Education Authority, wherein the City proposed to sell a
portion of certain real property located at 23 Centre Avenue, N. W.
The matter was postponed until January 21, 2019, 7:00 p.m.
D. HEARING OF CITIZENS UPON PUBLIC MATTERS:
City Council sets this time as a priority for citizens to be heard. All matters will be
referred to the City Manager for response, recommendation or report to Council,
as he may deem appropriate.
Jacob Watts, 110 Campbell Avenue, S. W., appeared before the Council
regarding insufficient lighting in the downtown area.
9
At 8:48 p.m., the Council Meeting was declared in recess
At 8:58 p.m., the Council Meeting reconvened in the Council Chamber, with
Mayor Lea presiding, and all Members of the Council in attendance.
Scott Collins, 3006 Salem Turnpike, N. W., Liz Schmitt, 379 Woods
Avenue, S. W., Heather Lawson, 2549 Inglewood Road, S. W.,
Jason Lambert, 641 Yorkshire Road, Salem, and Mary Wheaton,
9734 Franklin Street, Ferrum, Virginia, appeared before the Council with
regard to jobs, rehab and housing for the inmates in the Roanoke City Jail.
The following speakers appeared before the Council in connection with a
proposed Second Amendment Sanctuary in the City of Roanoke:
Rebekah Pitera, 1452 Greenbrier Avenue, S. E.
Maynard Keller, 825 Brownwood Drive, N. W.
Suzanna Mullins, 3802 Highwood Road, N. W.
Charles Nave, 1225 3rd Street, S. W.
Matt Ballard, 2917 Bonlyn Circle, S. E.
Elizabeth Watson, 1904 Westover Avenue, S. W.
Aaron Hawkins, 808 Hunt Avenue, N. W.
Nicolas Hagen, 3551 Winding Way Road, S. W.
Jameson Helmick, 918 Dale Avenue, S. E.
Randall Horton, 324 10th Street, Vinton
Andrew Graninger, 376 Walnut Avenue, S. W.
Martin Jeffrey, 421 Fairfax Avenue, N. W.
Jacob Cochrane, 723 Delaware Street, Salem
V. J. Bajwa, 2440 Montgomery Avenue, S. W.
David Gay, 701 Morrill Avenue, S. E.
Frank Smith, 3021 Rosaland Avenue, S. W.
Roger Malouf, 4025 Mudlick Road, S. W.
Robert Norris, 638 Highland Avenue, S. E.
Glenn Snow, 218 17th Street, S. E.
E. ADJOURNED - 10:35 P.M.
9
SHERMAN P. LEA, SR.
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W.
Noel C. Taylor Municipal Building, Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
Email: clerk @roanokeva.gov
December 16, 2019
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
Council Members
William D. Bestpitch
Joseph L. Cobb
Michelle L. Davis
Djuna L. Osborne
Anita J. Price
Patricia White -Boyd
I wish to request that Council convene in a closed meeting to discuss a personnel matter,
being the candidates for the City Clerk position, pursuant to Section 2.2 -3711 (A)(1), Code
of Virginia (1950), as amended.
Sincerely,
Michelle L. Davis, Chair
City Council Personnel Committee
MLD:ctw
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: December 16, 2019
Subject: Adoption of Calendar of Events for Budget Development
Activities for FY 2020 -2021
Considerations:
Annually, City Council approves the Calendar of Events for Budget Development
Activities for the upcoming fiscal year. The recommended Calendar of Events
for FY 2020 -2021 is attached.
Recommended Action:
Approve the attached Calendar of Events for Budget Development Activities for
Kobert 5. (- owe ii, fir.
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
R. Brian Townsend, Assistant City Manager for Community
Development
Amelia C. Merchant, Director of Finance
CALENDAR OF EVENTS
FOR BUDGET DEVELOPMENT ACTIVITIES
FISCAL YEAR 2020 - 2021
Date Budget Preparation Activities
.January 6, 2020 Financial/ Budget Planning Work Session
(During 9:00 a.m. Morning Briefing Session)
February 3, 2020 Financial /Budget Planning Work Session
(During 9:00 a.m. Morning Briefing Session)
March 2, 2020 Financial/ Budget Planning Work Session (continued)
(During 9:00 a.m. Morning Briefing Session)
April 6, 2020 Financial/ Budget Planning Work Session (continued)
(During 9:00 a.m. Morning Briefing Session)
April 20, 2020 Recommended budget presented to City Council at
regularly scheduled meeting
April 30, 2020 Public hearings on recommended budget and tax rates
(Thursday) at 7:00 p.m.
May 4, 2020 Budget Study
May 1 1 , 2020 City Council adopts General Fund, School Fund,
Proprietary Fund budgets and an Update to the HUD
Consolidated Plan and approves an annual
appropriation ordinance at 2:00 p.m.
l�Q�uioke. 1;i9
December 16, 2019
Honorable Mayor and Members of City Council,
A r � � e T 4
BU"ING
On behalf of the Market Building Foundation Board of Directors, I am pleased to present the Annual
Report of the City Market Building. Outlined below, you will find a summary of accomplishments for the
past year.
Some of the most significant accomplishments over the prior and current calendar years include:
• Net income for the 2018 calendar year totaled approximately $120,000. It is anticipated that
operating results for the current calendar year, 2019, will be positive.
• The net income from 2018 provided for several needed capital improvement projects, which are
further described below, without requesting additional financial assistance from the City.
• Event rental income increased 16% from 2018 for a total that will exceed $125,000
• We made significant steps toward a master plan for a ground floor refresh project to upgrade
the space cosmetically, and improve the aesthetics, usability, and warmth of the space.
In 2018, the Foundation's financial position continued to move in a positive direction. Our work
continued to lower expenses and increase income. This resulted in a net income that allowed the
transfer of funds into the capital reserve account, while also completing capital improvement projects.
These projects included a new security camera system, new audio /visual equipment in Charter Hall, and
several - smaller scale projects to make the space more attractive.
Income from Charter Hall and our other event spaces continues to grow significantly. In 2018 our total
rental income was $113,000, the highest since the space was created. In 2019, our total bookings are
$129,000. For 2020, we have $60,000 in rentals in the pipeline, which is 11% higher than at the same
time last year.
Working with Spectrum Design, we developed a list of possible cosmetic, non - structural changes to be
implemented over time in the space. These changes are intended to enhance the visitor experience
with improved interior features, and include updating existing furniture, lighting, and other interior
cosmetic improvements that will complement the building and its use. As we head into 2020, we will
evaluate which changes should be made, and develop a timeline for completion, as funds allow. We do
not anticipate the need for an additional subsidy from the City for these changes.
As a result of our marketing efforts in 2019, our tenants are reporting an increase in traffic during the
lunch hours. Over the past two years, we implemented an extensive online marketing campaign that
includes video production and photography for each tenant. Since November 2018, our traffic counters
have reported foot traffic of more than 371,000 visitors to the building (These numbers do not include
the dining areas of our outside - facing restaurants). The traffic counters were installed in September of
2018, so we will be able to compare the data to a previous year starting in September 2020.
There continues to be minimal tenant turnover, and the few tenants that did vacate were replaced by
restaurateurs with sustainable business models. Our newest tenant, Tacos Rojas, is a great draw for the
building. Additionally, most of the tenants in the building are operating on solid footing.
We expect that the Foundation's financial success will continue through 2020. Any additional net income
will be placed into our capital reserves for future repairs and improvements, so our visitors continue to
experience of the variety of food and shopping we have to offer. We are excited about the future of the
Market Building Foundation operations as Downtown Roanoke continues to grow.
The Foundation Board of Directors would like to thank City Council for the financial support which, in turn,
helps promote a stronger tax base and community usage of the City Market Building.
Sincerely,
Elliot Broyles
Executive Director
Market Building Foundation
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: December 16, 2019
Subject: FY2020 City Manager Transfer Report
Background:
Under City Code Section 2 -121, the Director of Finance shall report quarterly to City Council any
City Manager Transfers in excess of one hundred thousand dollars ($100,000) between funds, as
well as between project and program accounts in the capital project fund and grant fund.
Recommended Action:
Receive and file the attached City Manager Transfer report for the 1 st quarter ended September 30,
2019.
Robert S. owell, jr.
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
R. Brian Townsend, Assistant City Manager for Community Development
Amelia C. Merchant, Director of Finance
Transfer
Number
City of Roanoke, Virginia
Report of City Manager Transfers
Three Months Ended September 30, 2019
(Unaudited)
Date Explanation From
CMT19 -00106
7/22/2019
CMT19 -00116
7/26/2019
CMT19 -00119
7/31/2019
CMT19 -00120 8/9/2019
C MT 19 -00121 8/15/2019
CMT19 -00124 8/26/2019
CMT19 -00134 9/26/2019
CMT19 -00136 9/3012019
Re- allocate one -time and capital
reserve funding for
Transportation for equipment
replacement, street lighting,
capital street paving, and
additional operating ground
maintenance funding for walk
Transferring approved FY20 IT
capital funding to appropriate
project accounts
Move funds to project acct for the
relocation of Campbell Court
trash compactor
To appropriate 2020 Bond Funds
from General Stormwater
Improvements Funds to Individual
project units
To temporarily transfer funds to
cover overage in Fleet's
'Vehicular Purchases" capital
project account created by timing
of contract
To transfer funds from
Stormwater Operating Fund to
individual CIP Units
Per Dept of Fin Original budget
ordinance for Stormwater projects
incorrectly used obj code 9060 -
Construction should have been
9003 - Approp form General fund
To move additional funding into
the Fire Station #7 project acct as
current funding is not sufficient for
the construction project
Capital Projects Fund &
Transportation- Street
Maint
To Amount
Fees for Professional Ser,
Misc & Streets and Bridges 710,000
Various Capital Project
Capital Outlay Accounts 1,056,000
Approp from General Rev Miscellaneous 170,000
Stormwater Various Stormwater projects
Improvements
2,000,000
Vehicular Equipment, Future
Approp from General Rev Capital Outlay & Contingency 627,924
Approp from General Rev Contractual Services 140,000
Approp from General Rev
Contruction - Structures 942,500
Approp from FY19 BAN
Streetscape improvements &
funds, 2020 GOB /BAN
Citywide curb, cutter
funds & 2019 Bond
sidewalks 900,000
Funds
Notes:
Under City after une 30th t lensu ensure per expenditure areporting tand b budgetary controls for the prior fiscal year. The scope of this h report is
year and afte
limited to transfers in excess of $100,000 between funds and between project/program accounts in the Capital Project Fund and Grant Fund.
CMT's marked with single line at m that lines of to over transferred
000. amounted to be above the $100,000. All CMT's not marked
with an asterisk ha ve at least a s
Roanoke Cit
Council
FY19 Year -End Audited Results
City of Roanoke
December 16, 2019
[:A
Key Themes of Fiscal 2019
o Revenues above final budget by $3.4 million or 1.15%
Local taxes exceed final budget by $2.8 million or 1.38%
• Local taxes increased by $5.3 million or 2.7% above adopted level
• Increase of $5.1 million or 2.6% above FY 2018
Other revenue exceeded final budget by $0.6 million or 0.7%
Increased revenue budget: $3,797,100 during FY 2019
Local tax estimates - $2,516,500
Other revenue estimates - $1,280,600
o Expenditures below budget by $1.9 million or 0.6% of
transfer of $3.4 million to Capital Project ter
p ) ec t Contingency
2
Education and Tourism Support
RCPS
Visit Virginia's
Blue Ridge
$81,246,526.00
$1,687,500.00
$1,794,068.37
$106,568.37
6.32%
Local Tax Summa
Real Estate
Real Estate District
$86,560,866
$87,493,057.18
$932,191.18
Personal Property
$743,000
$752,520.85
$9,520.85
Public Service Tax
$24,510,000
$24,669,835.02
$159,835.02
Penalties and Interest
$5,485,000
$5,762,136.00
$277,136.00
Sales Tax
$1,829,000
$2,081,320.75
$252,320.75
Utility Tax
$21,707,000
$22,389,377.70
$682,377.70
Cigarette Tax
$9,800,000
$9,579,846.36
($220,153.64)
Recordation and Probate Tax
$2,272,500
$2,108,127.06
($164,372.94)
Business &Occupational License
$985,000
$1,122,549.02
$137,549.02
Transient Occupancy Tax
$13,639,000
$14,374,602.47
$735,602.47
Admissions Tax
$4,500,000
$4,784,182.32
$284,182.32
Motor Vehicle License
$950,000
$972,421.78
$22,421.78
Franchise Fee
$2,860,000
$2,914,810.81
$54,810.81
Prepared Food &Beverage Tax
$399,500
$403,332.10
$3,832.10
Bank Stock Tax
$17,200,000
$17,335,630.20
$135,630.20
Communications Tax
$1,600,000
$1,677,904
$77,904.00
TOTALS
$6,500,000
$5,897,696.34
($602,303.66)
$201,540,866
$204,319,349.96
$2,778,483.96
0
Other Revenue Summary
Permits, Fees and
Licenses
Fines and Forfeitures
Revenue from Use of
Money & Property
Grants in Aid -
Commonwealth
Grants in Aid - Federal
Government
Charges for Current
Services
Miscellaneous Revenue
Total
$913,000
$1,025,000
$743,000
$74,569,149
$53,000
$16,519,400
$1,401,133
$296,764,548
$1,182,565.58
$1,183,005.11
$1,065,972.49
$73,523,952.64
$107,773.00
$17,302,621.99
$1,491,623.66
$300,176,844.43
$269,565.58
$158,005.11
$322,952.46
($1,045,196.36)
$54,773.00
$783,221.99
$90,490.66
$3,412,296.43
E
Expenditure Summary
[uiLui c ouU Cl
Total Expenditures
Encumbrances Forward
Uncommitted Year -End Budget (0.64 %)
$301,689,121.21
295,508f483-83
-4.255.8c)4-49
$1,924, 742.89
on
Uses of Year -End Funding
Total Revenue $300,1 /b,ZS44.�F.5
Expenditures
Net
Payroll Accrual
Stabilization Reserve
Fund Balance (12.2 %)
Other
Total
$295,508,483.83
$4,668,360.60
$550,000.00
$3,313,273.47
$799,103.68
$5,983.45
$4,668,360.60
City Unassigned General Fund Balance
Exceeds FY 2021 Target of 12%
$40,000,000
$35,000,000
$30,000,000 0 10.6% 10'7%
$25,000,000 10.0% 10.1% 1 �% 10.4% 10.4% 10.4 /o
■ ■ . . ,
$20,000,000
$15,000,000
$10,000,000 0
$5,000,000
$0
12.1% 12.2%
FY
2010
FY
2011
FY
2012
FY
2013
FY
2014
FY
2015
FY
2016
FY
2017
FY
FY
2018
2019
0 Unassigned General Fund Balance target revised in August 2018.
Fz
Stabilization Reserve
o New reserve established in August
2018
o Beginning target of ' /2% level by
end of FY 2019
o Began reserve with $100,000
contribution at end of FY 2018
o Reached 1.16% level or $3.4 million
at end of FY 2019
9
In Conclusion
o FY 2019 was a successful Y ear
o Local tax growth of 2.6% over FY 18
o Strong expenditure control
• FY 21 Unassigned Fund Balance tar o
get of 12 /o
surpassed with FY 18, continued with FY 19
• FY 19 Stabilization Reserve of 1/2%
tar et
g
attained with FY 18 and reached 1.16°/
o with
FY 19
o Continued focus on addressing one -
time
capital needs and achieving Stabilization
on
targets on schedule or earlier
10
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 2019.
No. 41633 - 121619.
AN ORDINANCE to appropriate funding from the Villa Heights insurance
cove to the Villa Heights Performance Agreement, amending and
proceeds recovery Appropriations,
reordaining certain sections of the 2019 -2020 of the Capital Projects Fund
and dispensing with the second reading by title of this ordinance-
BE Roanoke that the following
BE IT ORDAINED by the Council of the City o
Insurance proceeds being applied to capital project results in sections of the 2019 -2020
ital Projects Fund Appropriations be, and the same are hereby, amended and
Cap J
reordained to read and provide as follows:
Appropriations
Appropriated from Third Party
08- 530 - 9118 -9004 $234,000
Revenues 08- 530 - 9118 -9990 234,000
Villa Heights Performance Agreement
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
'1•-
City Clerk. MP,
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: December 16, 2019
Subject: Appropriation of Insurance Proceeds - Villa Heights Recreation
Center
Background:
th
On August 9, 2017, the City of Roanoke entered into
located 27150
Restoration Housing for the purchase and sa le of real property
Hoover Street, N.W., Roanoke, Virginia, known as the Villa Heights Recreation
Center. The contract required Restoration Housing to invest approximately
$868,000 to renovate the property for use in support of non - profit community
youth services, activities and related functions.
The City received $234,000 in insurance proceeds as a result of a fire casualty
loss for damage to the structure. The contract made this funding available to
Restoration Housing at the conclusion of the renovation project, subject to
certain performance -based obligations, to aid in the rehabilitation of the
building.
Considerations:
Restoration Housing met the performance-based The funding ngoneedsvto the
insurance proceeds in the amount of $234,000.
appropriated to a Capital Project Fund account to cover the payment to
Restoration Housing.
Recommended Action:
Adopt the attached Budget Ordinance to appropriate funding, from insurance
proceeds, i th amount of $234,000 to account 08- 530 -9118 (Villa Heights
Perf g ement).
Robe S. Cowell, jr.
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assista City ty aManagerOpfoatiCommunity
R. Brian Townsend, Assistant
Development
Amelia C. Merchant, Director of Finance
2
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 2019.
No. 41634 - 121619.
A RESOLUTION authorizing the acceptance of the 2020 Financial Empowerment Center
Implementation Grant to the City of Roanoke ( "City ") from the Cities for Financial
Empowerment Fund, Inc. ( "CFE Fund "); authorizing the City Manager to execute any
documents necessary to receive such grant, including a Memorandum of Understanding with the
CFE Fund, in order for the City to improve the financial stability of low and moderate income
households by embedding financial empowerment strategies into local government
infrastructure; and authorizing the City Manager to take such further actions and execute such
other documents as may be necessary to obtain, accept, implement, administer, and use such
grant funds.
WHEREAS, the CFE Fund has selected the City for participation and previously gave the
City a $20,000 "Planning Grant' which was used to plan and prepare to establish a "Financial
Empowerment Center" ( "FEC ") in which the City, and its local partners, will offer free financial
counseling for low and moderate income individuals; and
WHEREAS, the City has now been approved for the "Implementation Phase," which will
involve two grant payments over the next two years.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke hereby accepts the 2020 Financial Empowerment Center
Implementation Grant offered by the CFE Fund in the amount of $150,000 for the first year,
which requires a local match of $150,000, and $100,000 for the second year, which requires a
local match of $200,000. The $150,000 matching funds for the first year will include fifty
thousand dollars which has already been identified and approved by Council in accordance with
Ordinance No. 41484- 061719, adopted June 17, 2019, which will be used toward the operation
of the FEC. An additional contribution of $43,396.35 will be made in the form of one -half of the
salary of the Local Government Manager who will be the City's direct administrator of the
program. The remaining match funds will be provided by the selected Financial Counseling
Provider, Freedom First Enterprises, which has agreed to pay the salary of two full -time
employees to work towards providing counseling services, all as more fully set forth in the City
Council Agenda Report dated December 16, 2019.
2. City Council hereby authorizes the City Manager to execute any documents
necessary to receive such grant, including the Memorandum of Understanding with the CFE
Fund, which is attached to the above mentioned Agenda Report, with all such documents to be
approved as to form by the City Attorney.
3. The City Manager is authorized to take such further actions and execute such
further documents as may be necessary to obtain, accept, implement, administer, and use such
grant funds, as allowed by the terms and conditions of the grant, with any such documents being
approved as to form by the City Attorney.
ATTEST:
City Clerk
R- Accept grant funding from the CFE Fund 12.16.19 2
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 2019.
No. 41635 - 121619.
AN ORDINANCE to appropriate funding from the Financial Empowerment Fund
for financial counseling of low and moderate income individuals, amending and reordaining
certain sections of the 2019 -2020 General Fund and 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 2019 -2020 General Fund and Grant Fund Appropriations be, and the same
are hereby, amended and reordained to read and provide as follows:
General Fund
Appropriations
Transfer to Grant Fund 01- 250 - 9310 -9535 $ 43,396
Contingency- Salary Lapse 01- 300 - 9410 -1090 (40,312)
Contingency- FICA Lapse 01- 300 - 9410 -1091 (3,084)
Special Revenue Fund
Appropriations
Rent/Lease of Buildings
35- 310 - 8327 -0220
16,000
Rent/Lease of Equipment
35- 310 - 8327 -0221
3,000
Regular Employee Salary
35- 310 - 8327 -1002
40,312
FICA
35- 310- 8327 -1120
3,084
Fees for Professional Services
35- 310 - 8327 -2010
15,000
Advertising
35- 310- 8327 -2015
12,250
Electric
35- 310- 8327 -2022
2,250
Water and Sewage
35- 310 - 8327 -2026
2,250
Administrative Supplies
35- 310 - 8327 -2030
5,000
Expendable Equipment
35- 310 - 8327 -2035
5,000
Training and Development
35- 310 - 8327 -2044
11,900
Local Mileage
35- 310 - 8327 -2046
2,600
Dues and Memberships
35- 310 - 8327 -2042
1,500
Program Activities
35- 310 - 8327 -2066
8,500
Special Events
35- 310 - 8327 -2125
5,000
Business Meals and Travel
35- 310 - 8327 -2144
5,000
Insurance
35- 310- 8327 -3020
10,000
Grant Local Match
35- 310 - 8327 -3165
95,760
Wages Non -City
35- 310 - 8327 -8030
94,750
Revenues
FEC - Financial Empowerment
Center CY20 35- 310 - 8327 -8327 $ 150,000
FEC - Freedom First CY20 35- 310 - 8327 -8328 95,760
FEC - Local Match CY20 35- 310 - 8327 -8329 93,396
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
�:� • 0�rn
city c
1'
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: December 16, 2019
Subject: Acceptance of a 2019 Financial Empowerment Center
Implementation Grant Award
Background:
Cities for Financial Empowerment (CFE) Fund, Inc. is an organization with a
mission to help improve the financial stability of low and moderate - income
households around the country. They do this by embedding financial
empowerment strategies into local government infrastructures. In practical
terms, CFE Fund's goal is to make free, one -on -one professional financial
counseling a standard public service provided by the participating municipality.
The CFE Fund, Inc. selected Roanoke for participation and previously gave the
City a $20,000 "Planning Grant" which was used to plan and prepare to
establish a "Financial Empowerment Center" (TEC ") in which the City, and its
local partners, will offer free financial counseling for low and moderate income
individuals. The City has now been approved for the "Implementation Phase,"
which will involve two additional grants over the next two years.
Considerations:
City Council action is needed to accept the 2020 Financial Empowerment Center
Implementation Grant award and authorize the City Manager to execute a
Memorandum of Understanding ( "MOU ") between the CFE Fund, Inc. and the
City. A copy of the Grant Agreement MOU is attached to this letter. The first
year grant is for $150,000 and the City is required to make a matching
$150,000 contribution to the program. These funds include fifty thousand
dollars which has already been identified in the City's Fiscal Year 2020 budget
(approved by City Council via Ordinance in June 2019) which will be used
toward the operation of the FEC. An additional contribution of $43,396.35 will
be made in the form of half of the salary of the Local Government Manager
(Financial Stability Specialist) who will be the City's direct manager of the
program. The remaining funds will be provided by the City's Financial
Counseling Provider, Freedom First Enterprises, which has agreed to pay the
salary of two full time employees to work towards providing counseling
services. The second year grant is for $100,000, and the City will be required
to make a 1:2 matching contribution of $200,000 at that time.
Recommended Action:
Accept the Grant as described above and authorize the City Manager to execute
any required grant agreements, including the attached MOU, to be approved as
to form by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in
the Grant fund of $150,000 from CFE. A revenue estimate for the local match
will consist of a Third Party donation from Freedom First Enterprises of
$95,760, transfer funding in the amount of $93,396 from Transfer to Grant
Fund, account 01- 250 - 9310 -9535, of which $50,000 is already appropriated
and $43,396 will come from City Manager Contingency- Lapse, and appropriate
total funding of $300,000 into accounts to be established by the Director of
Finance in the Grant Fund.
-- --- ---------------
Robert S. Cowell, .Jr.
City Manager
Attachment
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community
Development
Amelia C. Merchant, Director of Finance
Aisha Johnson, Economic Development
2
Cider for
FINANCIAL
EMPOWERNIE T
Fund
GRANT AGREEMENT
This Grant Agreement (the "Agreement '), dated as of November 1, 2019 (the "Effective Date ") is
by and between the Cities for Financial Empowerment Fund, Inc. (the "CFE Fund "), a
Delaware non - stock, non - profit corporation with its principal office located at 44 Wall Street, Suite
605 qualified as exempt from federal income tax under section 501(c)(3) of the Internal Revenue
Code of 1986, as amended (the "Code "), and the City of Roanoke, VA (the "Grantee ").
WHEREAS, the CFE Fund workssupport municipal engagement
stability of low and moderate incom e households b Y embeddi gfinancial empowerment strategies
into local government infrastructure (the "Purposes ").
WHEREAS, the CFE Fund has determined that the support of the Grantee in the work
contemplated by this Agreement furthers the exempt purposes of the CFE Fund.
WHEREAS, the Grantee has agreed to use the Financial Empowerment Center Implementation
Grant funds provided by this Agreement (the "Grant") to support the Purposes by managing the
implementation and operation of the activities set forth in Exhibit A (the "Request for Proposal &
Grantee Proposal"), Exhibit B (the "Scope of Work ") and Exhibit C (the "Model") (Exhibits A, B
and C collectively, the "Program').
WHEREAS, the CFE Fund and the Grantee desire to enter into this Agreement to provide for the
terms and conditions of the Grant and the Program.
NOW, THEREFORE, the CFE Fund and the Grantee agree as follows:
I, Grant.
The CFE Fund pledges and agrees to provide the Grantee a 1:1 match Grant in the form of
cash in the amount of $150,000 (ONE HUNDRED FIFTY THOUSAND DOLLARS) for
the first fifteen (15) months based on written proof that the Grantee has met its $150,000
fundraising obligation and demonstrated proof of the actual funding in hand or provided
commitment letters demonstrating funds secured to the CFE Fund. For purposes of this
Grant, Year 1 shall be understood to mean the 15 -month period following the Effective
Date ( "Year 1 "). This is expected to include an estimated 3 -month build phase and the first
12 months of FEC operations.
Year 2 shall be understood to include the 12 -month period immediately following Year 1
( "Year 2 "). This is expected to be the second 12 months of FEC operations. Provided the
Grantee meets all programmatic and fundraising requirements detailed in this agreement,
the Grantee may be eligible for a Year 2 grant, at a 1:2 match, of up to $100,000 (ONE
HUNDRED THOUSAND DOLLARS), upon the Grantee demonstrating its ability to
secure at least $200,000 in outside funding. Grantee will be expected to raise Year 2 funds
within nine months of the launch of the FEC.
44 Wall Street, Suite 605 1 New York, NY 10005 I -
3.
Use of Grant.
The Grant is to be used only for the purposes outlined in the Program and in accordance
with the specific allocations identified in the Grant budget included in Exhibit D (the
"Grantee Budget"). The work detailed in the Request for Proposal should be executed in
accordance with Scope of Work. The Grantee must obtain the prior written consent of the
CFE Fund before using the Grant for goods or services outside the Scope of Work; the
failure to comply with this provision may invalidate any obligation of the CFE Fund k pay
any invoices for such goods or services and constitute breach of this contract.
Term.
(a) The term includes an estimated 3 -month build phase and two years of FEC
operations. The Grant Term will begin as of the Effective Date and end no later
than January 31, 2022. Any funds not used by the end of the Grant Term toward
the purposes of this Grant will be returned to the CFE Fund within thirty (30) days
after the end of the Grant Term unless otherwise agreed upon by both parties in
writing in advance.
(b) This Agreement may be terminated at any time prior to its scheduled termination
as set forth above:
(i) By either the CFE Fund or the Grantee without cause by giving the other
party sixty (60) days' prior written notice;
(ii) Immediately by a non - breaching party following a material breach of this
Agreement by the other party and the expiration of a ten (10) day "cure"
period after the non - breaching party shall have given notice to the breaching
party of such breach; or;
(iii) Immediately by the CFE Fund when its objectives can no longer be
advanced through the relationship set forth in this Agreement, without
limitation, by the Grantee's administration of any Vendor Contract (as
defined below).
(c) If the Agreement is terminated by either party for any reason, CFE Fund will have
no further obligation to make any payments to the Grantee, except for work already
completed but not yet paid for prior to the termination; provided, that (i) such work
is within the Scope of Work or (ii) if such work is beyond the Scope of Work, the
prior written consent of the CFE Fund has previously been obtained.
GRANT AGREEMENT 2
4. Vendor(s)
(a) The CFE Fund hereby appoints the Grantee as its sole and exclusive agent with
respect to any community -based 501(c)(3) organizations, governmental
organizations, consultants, or other private entities (each a "Vendor ") engaged by
the Grantee to support the implementation of the Program. Each Vendor may rely
upon the direction and instruction of the Grantee.
(b) The Grantee shall administer all aspects of each contract entered into with any
Vendor for purposes of this Agreement (the "Vendor Contracts "), including,
without limitation, payment of Vendor(s)' invoices, managing and overseeing the
performance of each Vendor under the Vendor Contracts and monitoring such
Vendor's adherence to its duties, obligations and responsibilities thereunder.
(c) Notwithstanding the above, Grantee shall notify CFE Fund in a timely, written
manner of any Vendors engaged for the purposes of this Agreement.
5. Conditions of Disbursement of Grant.
(a) Grantee shall be eligible to receive funds upon the fulfillment of the following
conditions:
(1) Year 1 funds:
a. Receipt by the CFE Fund of a countersigned copy of this Agreement,
which includes Scope of Work and Grantee Budget, and commitment
letter(s) for the $150,000 or more raised by Grantee for Year 1.
(ii) Year 2 funds:
a. Satisfactory contract deliverables as defined in the Scope of Work at the
end of Year 1, submission of a Year 1 status report through the CFE
Fund's grant interface, and proof of the actual funding in hand or
commitment letter(s) for $200,000 or more raised by Grantee for Year
2.
(b) Disbursements of the Grant shall be subject to the fulfillment of the following
conditions:
(i) Timely receipt of all Grantee reports as detailed in the Scope of Work.
(ii) Satisfactory performance of this Agreement in accordance with the Scope
of Work.
(iii) The Grantee covenants and agrees that it shall take no action, omit to take
any action, or engage in any activity that could impair or endanger, either
directly or indirectly, the CFE Fund's exempt status under the Internal
GRANT AGREEMENT 3
Revenue Code, or which could hinder the CFE Fund's ability to fulfill its
charitable mission.
(c) Grant Payout Schedule:
(i) Year I funds: Grantee will be eligible for a 1:1 funding match from the CFE
Fund, in the amount of $150,000, pending Grantee meeting requirements in
5(a)(1). Terms of payments for Year 1 funding:
a. 100% of funds will be available for payment upon fully executed
contract.
Year 2 funds: Grantee will be eligible for a 1:2 funding match from the CFE
Fund, up to $100,000, pending Grantee meeting requirements in 5(a)(ii).
Terms of payments for Year 2 funding:
a. Initial 80% of funds will be available at the start of Year 2 upon proof
of the actual funding in hand or written commitment letters
demonstrating funds secured by the Grantee.
b. Final 20% of funds will be available upon the satisfactory submission
of final contract deliverables as defined in the Scope of Work.
(iii) All funds will be electronically transferred.
6. Payment of Grant.
Subject to the fulfillment of the conditions set forth in Section 3:
(a) The CFE Fund may increase the Scope of Work and corresponding outcome
requirements and make concomitant payment adjustments as funds become
available to expand services. Any increase in the Scope of Work and subsequent
outcome goals would be made in consultation with the Grantee and the Vendor(s).
(b) Services provided by the Grantee to clients beyond the Grant Term shall not be
within the Scope of Work under this Agreement and shall not be included in the
Grant.
GRANT AGREEMENT 4
(c) The CFE Fund can make payment in one of two ways. Please initial in ONE of
the boxes to select the requested payment option.
a. For electronic payment: The CFE Fund will make an electronic payment through
the CFE Fund's payment system, bill.com. The Grantee authorizes the below
employee to create an account and enter the Grantee's appropriate bank routing
and account number into bill.com. The Grantee will ensure that account
Initial Here for
Electronic Payment and to information in bill.com is accurate throughout the life of the Grant.
Authorize Staff Member
b. For payment by check: The CFE Fund will issue a check to the Grantee at the
address provided:
Initial Here for
Payment by Check
(d) The CFE Fund's ability to pay out this Grant is dependent on the timely receipt of
Grant funding from institutional Grantors. In the event that the CFE Fund has not
received sufficient or timely funding from these Grantors, the CFE Fund may elect
to postpone, reduce, or eliminate this Grant prior to disbursement.
7. Covenants.
During the term of this Grant, the Grantee is expected to adhere to the terms and conditions
below and outlined in the Exhibit B (the "Scope of Work ") or as set forth in Exhibit A (the
"Request for Proposal and Grantee Proposal'). Failure to adhere to these conditions will
constitute an act of default and result in the Grantee's obligation to return part or all of the
Grant funds to the CFE Fund and the termination of any obligation of the CFE Fund to pay
subsequent invoices submitted after such default. In such a case, the CFE Fund will
determine in its sole and absolute discretion the percentage of the Grant to be returned.
Cessation or reclamation of Grant funding by the CFE Fund may also result in the
Grantee's elimination from consideration for investment from the CFE Fund in any other
form. In the event that the CFE Fund terminates the Grant as provided herein, the Grantee
shall return Grant funds to the CFE Fund within the time period specified by the CFE Fund
upon termination.
During the Grant Term and beyond as applicable, the Grantee under this Agreement agrees
to:
(a) Coordinate the overall implementation of the Program with respect to the Scope of
Work and the Grantee Proposal.
GRANT AGREEMENT
The Grantee will oversee and direct the work of all partner organizations with
respect to the Scope of Work and the Grantee Proposal, including its nonprofit,
referral, integration and training partners and Vendor(s). In particular, the Grantee
will monitor and manage any Vendor(s) to ensure proper implementation in
conformance with the Scope of Work and will serve as the main point of contact
with the Vendor. The Grantee and its Vendor(s), if any, will draft and sign an
agreement that will memorialize this understanding and submit a timely, written
copy of such subagreement to CFE Fund.
(b) Adhere to the uses of the Grant detailed in the Request for Proposal.
(i) This Grant is made only for the purposes of implementing the Scope of
Work pursuant to the Request for Proposal and this Agreement. Any Grant
funds not expended or committed for these purposes within the Grant Term
will be returned to the CFE Fund. Any prospective changes in the use of
this Grant totaling over ten percent (10 %) of any individual budget line must
be submitted in writing to and approved in advance by the CFE Fund.
(ii) The Grantee will provide immediate written notification to the CFE Fund if
significant changes or events occur during the Grant Term which could
potentially impact the progress or outcome of the Grant, including, without
limitation, changes in the Grantee's or any Vendor(s)' management
personnel or lead staff member(s) responsible for implementing the
Program, loss of funding or other extenuating circumstances which could
affect the Grantee Budget or any Vendor(s)' budget. The CFE Fund, in its
sole and absolute discretion, will determine if requests for budget
modifications are warranted.
(c) To the extent that any Vendor is a tax - exempt entity, to confirm the tax - exempt
status of such Vendor at the time of each payment, and ensure that that each such
Vendor is maintaining all authorizations, filings, exemptions, insurance, etc.
required of a Vendor to perform its duties within and outside this Agreement.
The Grantee also agrees to provide immediately any correspondence from the
Internal Revenue Service or other related agencies regarding the above.
(d) Cooperate in the monitoring, evaluation, and reporting of work, as detailed in the
Scope of Work and as set forth in Exhibit E ( "Reporting ").
(e) Adhere to the CFE Fund financial compliance stipulations.
(i) The Grantee will maintain financial records to clearly account for the Grant
funds from the CFE Fund and proper expenditures in furtherance of the
Grant. The Grantee shall retain and maintain adequate records to
substantiate such expenditures according to generally accepted accounting
practices. The Grantee shall retain original substantiating documents related
to the specific Grant expenditures and make these records available to the
CFE Fund and Bloomberg Family Foundation ( "Foundation ") upon request.
GRANT AGREEMENT 6
(ii) The CFE Fund reserves the right to audit the Grantee's financial and other
records to ensure the proper utilization of its Grant funds. During, and at
least three years following the end of the Grant Term, the Grantee must
maintain records showing, separately from other accounts kept in its books
and records, the receipt and expenditure of the CFE Fund Grant funds.
(f) Adhere to the CFE Fund's marketing and communications guidelines.
(i) The Grantee agrees to adhere to the marketing and communication guidelines
of the CFE Fund as set forth in Exhibit B (as it may be amended, modified,
supplemented or otherwise revised), and any Grant - relevant CFE Fund
partners, including the Foundation, as provided by the CFE Fund and as
applicable.
(ii) Execution of this Grant agreement provides the CFE Fund and its institutional
investors the right to disseminate any products, outcomes, or other information
related to the Grantee's efforts in any media of its choosing. Whenever feasible,
the CFE Fund will share these materials with the Grantee prior to publication
and give appropriate credit to the Grantee as the provider of this information.
The Grantee and its Vendor(s), if any, will be expected to cooperate in any
public education or outreach effort undertaken in connection with this Grant,
which may include other CFE Fund programs.
(g) Adhere to the following prohibitions on the use of the Grant.
Under no circumstances will the Grantee or any other organization receiving the
CFE Fund's Grant funds use these funds directly or indirectly for the following
purposes or activities:
(i) Make a Grant to an individual for travel, study or other similar purpose, as
described in section 4945(d)(3) of the Code.
(ii) Promote or engage in violence, terrorism, bigotry, or the destruction of any
state, nor will it make sub - Grants to any entity that engages in these
activities.
(iii) Influence legislation, especially for the benefit of the CFE Fund or any of
its affiliates or funders, including by publishing or distributing any
statements, or any campaign in support of or opposition to any pending
legislation.
(iv) Any other purposes outside what is stated in the Request for Proposal
without express written permission from the CFE Fund.
8. Compliance with Laws.
Grantee shall comply with, and shall ensure that any Vendors or sub - Vendors engaged by
the Grantee in connection with the Program comply with, all local, state and federal laws
GRANT AGREEMENT 7
(including common laws), ordinances, codes, rules and regulations regarding the Program
and Grantee's obligations and performance under this Agreement. Grantee shall obtain
and maintain, and shall ensure that any Vendors or sub - Vendors engaged by the Grantee
in connection with the Program obtain and maintain, any and all permits, licenses, bonds,
certificates and other similar approvals required in connection with this Agreement.
9. Indemnification.
(a) Both parties shall be responsible for their own negligence, if any. In other words,
the Grantee would be responsible for any of its own negligence as well as any
negligence of its staff, officers, employees and agents. Also, the CFE Fund would
be responsible for any of its own negligence, as well as any negligence of its staff,
officers, directors, trustees, employees and agents. In addition, the Grantee shall
require that all Vendors and sub - Vendors indemnify and hold harmless the CFE
Fund and the Grantee, including their staffs, officers, directors, trustees,
employees and agents from any such claims, demands, costs, judgments or
liabilities to which they may be subject because of any act, omission, negligence or
fault of the respective Vendor or sub - Vendor. Nothing in this paragraph should be
construed as waiving any immunities the Grantee may have from such claims. This
obligation shall survive and continue beyond any termination or expiration of this
Agreement.
(b) Each of the parties hereto shall take all steps necessary to ensure that its staff,
officers or trustees, employees, agents, representatives, vendors and sub - vendors
are covered under all insurance policies necessary to effectuate the provisions of
this Section.
10. Confidentiality.
All reports, information or data furnished to or to be prepared or assembled under this
Agreement are to be held confidential, unless otherwise herein provided or subject to
disclosure by law.
11. Intellectual Property.
All ownership, title, interest, and intellectual property rights of documents, templates, and
other materials provided by the CFE Fund shall remain solely the CFE Fund's. Nothing in
this section or agreement is intended to, and shall not be construed to, transfer any property
rights to Grantee or any intellectual property rights to materials developed by the CFE
Fund. The Grantee may use the CFE Fund's intellectual property for (i) internal planning
processes; (ii) in furtherance of the Scope of Work; and (iii) otherwise expressly authorized
by the CFE Fund. Any unauthorized disclosure of the Grantor's intellectual property
without expressed authorization shall be considered a breach of this agreement.
GRANT AGREEMENT 8
12. Non - Assignability.
The Grantee shall not assign, transfer, subcontract, convey or otherwise dispose of this
Agreement or of its rights, obligations, responsibilities or duties hereunder or under any
Vendor Contract, either in whole or in part, without the prior written consent of the CFE
Fund.
13. Compliance with Anti - Discrimination Rules.
In its use of Grant funds provided by the CFE Fund, and in the course of all development,
marketing and operation activities, the Grantee shall fully comply with all applicable
federal, state, local (and any other governmental), anti - discrimination laws, executive
orders, rules and regulations.
14. Severability of Provisions.
Each provision of this Agreement shall be considered severable and if for any reason any
provision or provisions herein are determined to be invalid, unenforceable or illegal under
any existing or future law, such invalidity, unenforceability or illegality shall not impair
the operation of or affect those portions of this Agreement which are valid, enforceable and
legal.
15. Entire Agreement.
This Agreement contains the entire understanding between the parties hereto with respect
to the subject matter of this Agreement and replaces and supersedes all prior agreements
and understandings of the parties. This Agreement may be amended or modified only by a
writing executed by the parties hereto.
16. Binding Agreement.
Notwithstanding any other provision of this Agreement, the parties agree that this
Agreement constitutes a legal, valid and binding agreement of each party, and is
enforceable against each party in accordance with its terms.
17. Governing Law.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT
GIVING EFFECT TO THE CONFLICT OF LAWS PROVISIONS THEREOF,
18. Submission to Jurisdiction; Service of Process.
(a) EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY AND
UNCONDITIONALLY SUBMITS, FOR ITSELF AND ITS PROPERTY, TO
THE NON - EXCLUSIVE JURISDICTION OF THE SUPREME COURT OF THE
STATE OF NEW YORK SITTING IN THE BOROUGH OF MANHATTAN IN
THE CITY OF NEW YORK AND OF THE UNITED STATES DISTRICT
GRANT AGREEMENT 9
COURT FOR THE SOUTHERN DISTRICT OF NEW YORK SITTING IN THE
BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK, AND ANY
APPELLATE COURT FROM ANY THEREOF, IN ANY ACTION OR
PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT,
AND HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT
OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED
IN SUCH NEW YORK STATE OR FEDERAL COURT. THE PARTIES
HERETO HEREBY IRREVOCABLY WAIVE ANY OBJECTION, INCLUDING
ANY OBJECTION TO THE LAYING OF VENUE OR BASED ON THE
GROUNDS OF FORUM NON CONVENIENS, THAT ANY OF THEM MAY
NOW OR HEREAFTER HAVE TO THE BRINGING OF ANY SUCH ACTION
OR PROCEEDING IN SUCH RESPECTIVE JURISDICTIONS. EACH PARTY
TO THIS AGREEMENT AGREES THAT A FINAL JUDGMENT IN ANY
ACTION OR PROCEEDING WILL BE CONCLUSIVE AND MAY BE
ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR
IN ANY OTHER MANNER PROVIDED BY LAW.
(b) EACH PARTY TO THIS AGREEMENT IRREVOCABLY CONSENTS TO THE
SERVICE OF THE SUMMONS AND COMPLAINT AND ANY OTHER
PROCESS IN ANY OTHER ACTION OR PROCEEDING RELATING TO THE
TRANSACTIONS CONTEMPLATED HEREBY, ON BEHALF OF ITSELF OR
ITS PROPERTY, BY PERSONAL DELIVERY OF COPIES OF SUCH
PROCESS TO SUCH PARTY. NOTHING CONTAINED IN THIS SECTION
WILL AFFECT THE RIGHT OF ANY PARTY TO SERVE PROCESS IN ANY
OTHER MANNER PERMITTED BY LAW OR COMMENCE LEGAL
PROCEEDINGS OR OTHERWISE PROCEED AGAINST ANY OTHER
PARTY IN ANY OTHER JURISDICTION.
19. Waiver of Jury Trial.
EACH OF THE PARTIES HERETO HEREBY EXPRESSLY AND IRREVOCABLY
RELEASES, WAIVES AND RELINQUISHES ANY AND ALL RIGHTS TO TRIAL BY
JURY IN ANY CLAIM, DEMAND, ACTION, SUIT, PROCEEDING OR CAUSE OF
ACTION IN WHICH ANY OF THEM ARE PARTIES, WHICH IN ANY WAY
(DIRECTLY OR INDIRECTLY) ARISES OUT OF, RESULTS FROM OR RELATES
TO ANY OF THE FOLLOWING, IN EACH CASE WHETHER NOW EXISTING OR
HEREAFTER ARISING AND WHETHER BASED ON CONTRACT OR TORT OR
ANY OTHER LEGAL BASIS: (I) THIS AGREEMENT; (II) ANY PAST, PRESENT OR
FUTURE ACT, OMISSION, CONDUCT OR ACTIVITY WITH RESPECT TO THIS
AGREEMENT; (III) ANY TRANSACTION, EVENT OR OCCURRENCE
CONTEMPLATED BY THIS AGREEMENT; (IV) THE PERFORMANCE OF ANY
OBLIGATION OR THE EXERCISE OF ANY RIGHT UNDER THIS AGREEMENT;
AND (V) THE ENFORCEMENT OF THIS AGREEMENT. EACH OF THE PARTIES
HERETO HEREBY FURTHER AGREES THAT THIS AGREEMENT CONSTITUTES
ITS WRITTEN CONSENT THAT TRIAL BY JURY WILL BE WAIVED IN ANY
SUCH CLAIM, DEMAND, ACTION, SUIT, PROCEEDING OR OTHER CAUSE OF
ACTION AND AGREES THAT EACH OF THEM WILL HAVE THE RIGHT AT ANY
GRANT AGREEMENT 10
TIME TO FILE THIS AGREEMENT WITH THE CLERK OR JUDGE OF ANY COURT
IN WHICH ANY SUCH CLAIM, DEMAND, ACTION, SUIT, PROCEEDING OR
OTHER CAUSE OF ACTION MAY BE PENDING AS WRITTEN CONSENT TO
WAIVER OF TRIAL BY JURY.
20. Amendment.
The CFE Fund shall consider, but is not obligated to agree to, requests by the Grantee to
amend the terms of this Agreement. Amendments to this Agreement shall be made only
after (i) the CFE Fund has received written request from the Grantee stating the nature of
the amendment request, and (ii) the CFE Fund has executed a written agreement describing
the terms of the amendment.
21. Counterparts.
This Agreement may be executed in any number of counterparts, including by facsimile or
other electronic means of communication, each of which shall be deemed an original of
this Agreement and all of which together shall constitute one and the same instrument.
22. Notices.
Any notices required to be delivered hereunder shall be in writing and personally delivered,
mailed or sent by electronic mail, telefacsimile or other similar form of rapid transmission,
and shall be deemed to have been duly given upon receipt (a) at the respective party's
address listed on Exhibit G ("Notices') or (b) at such other address as may be designated
by written notice to the other party.
GRANT AGREEMENT 11
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
duly executed by their respective officers as of the day and year first above written.
CITIES FOR FINANCIAL EMPOWERMENT
FUND, INC.
Name: Jonathan Mintz
Title: President and Chief Executive Officer
Date:
CITY OF ROANOKE
I:
Name: Robert S. Cowell, Jr.
Title: City Manager
Date:
GRANT AGREEMENT 12
Exhibit A
Request for Proposal & Grantee Proposal
(To Be Attached)
EXHIBIT A
Exhibit B
Scope of Work
Where there may be discrepancies, this Scope of Work supersedes both the Request for Proposal
and the Grantee Proposal.
As part of the Financial Empowerment Center Implementation Grant, the Grantee will:
I. Implement the FEC initiative in accordance with the model requirements (Exhibit C)
provided by the CFE Fund, including but not limited to, free one -on -one counseling,
integration with a range of services, counselor training based on a set of training
standards, data collection, and active partnership with the selected Financial Counseling
Provider to manage the work.
a. Meet benchmarks in Year 1 and Year 2 on average number of financial counseling
sessions per full -time counselor (as defined in Exhibit C - Financial Empowerment
Center Model) and average number of outcomes per full -time counselor (as defined in
Exhibit J — CFE Fund Public Outcome Definitions and Calculations). The Year 1
benchmarks will be 60% of the Year 2 benchmarks. As such, the benchmarks are:
b. At a minimum, conduct an average of 480 sessions per full -time counselor in Year 1.
At a minimum, conduct an average of 800 sessions per full -time counselor in Year 2.
c. At a minimum, achieve an average of 60 outcomes per full -time counselor in Year 1.
At a minimum, achieve an average of 100 outcomes per full -time counselor in Year 2.
2. Identify a City Manager who will monitor all FEC activities.
a. Serve as the contact person between the Grantee and the CFE Fund fnr 211 nrnarnm
management activities with the expectation that the manager will devote the necessary
time to the FEC initiatives as needed, along with other required job functions if
applicable.
b. Supervise overall program implementation, and management; and support service
delivery, including monitoring efforts and troubleshooting.
c. Monitor the work of the Financial Counseling Provider including but not limited to
service delivery, counselor training and Code of Ethics adherence, reporting and
progress towards target goals (number of sessions and outcomes).
d. Coordinate all partnership development efforts to ensure FEC counselors are deployed
effectively, including working closely with the Financial Counseling Provider to
identify, develop and maintain such partnerships, conduct outreach to initiate
partnerships, and monitor progress.
Participate in regular calls with the CFE Fund to review progress on goals, identify
additional innovations and opportunities, and to make modifications to the program, as
needed.
f. Track progress and service delivery through the Financial Empowerment Center Boost
Outcomes Tool database ( "FECBOT ") for at least the duration of the grant.
g. Participate in all trainings, as required by the CFE Fund, including but not limited to
the initial counselor training, any continuing education sessions, and CFE -Fund hosted
trainings.
h. Participate in all learning community activities, including sharing accomplishments,
best practices and lessons teamed with the broader field. Such activities could include:
EXHIBIT B
i. Attendance at national gatherings hosted by the CFE Fund.
ii. Participation in ad -hoc webinars or conference calls with other grantees and
partners.
iii. Involvement in written communications about the work, which could include
features on the CFE Fund website, newsletter, or written briefs.
I Coordinate fundraising and sustainability efforts, including identifying public and
private funds for Year 2 to sustain the FEC, as well as exploring opportunities to further
embed the work within the government.
i. Grantee will submit a Year 2 match funding proposal (see Exhibit H for general
requirements) within nine months of the launch of the FEC.
3. Ensure that the Financial Counseling Provider is delivering the service effectively and
following the model requirements provided by the CFE Fund.
a. Sign an agreement with the Financial Counseling Provider that has a detailed scope of
work including but not limited to requirements for staffing; counselor training; day -to-
day operations; facilities; counselor deployment; use of the FECBOT and data security;
partnership development; communications, and outcomes. Any changes to or at the
selected Financial Counseling Provider during the grant period including but not
limited to adding additional providers, termination of providers and staffing changes,
must be approved by the CFE Fund.
b. Ensure that the Financial Counseling Provider has identified an FEC Manager to
oversee the day -to -day operations and serve as the main contact for the Grantee and the
CFE Fund.
c. Support efforts to hire and train the financial counselors.
i. Confirm all FEC staff members are trained in accordance with the CFE Fund -
approved training plan.
ii. Support continuing education efforts, including identifying opportunities for
counselors to learn about existing and new government programs.
d. Work closely with the Financial Counseling Provider on day -to -day operations,
reporting needs, partnership development, counselor supervision and sustainability
effort s.
e. Ensure, with the Financial Counseling Provider if applicable, that no material changes
to operations are made without the prior approval and consent of the Grantee including
change in hours of operation, staffing, partnerships and locations.
i. It is the sole responsibility of the Financial Counseling Provider to address any
issues (personnel or otherwise) that affect the operations of the FEC during this
contract period and come to a resolution with the City.
f. Work with the Financial Counseling Provider to monitor and track the quality of the
service delivered and address any program issues.
g. Support and inform the Financial Counseling Provider to develop and implement an
effective deployment strategy for counselors based on City priorities, geographic
needs, target population, partnership opportunities or other needs.
h. Ensure that the FEC database is used for at least the duration of the grant for data
collection and reporting; and that data security and client confidentiality protocols are
in place.
i. Ensure that the Financial Counseling Provider staff members attend all trainings, as
required by the CFE Fund, including but not limited to the initial counselor training,
EXHIBIT B
database trainings, any continuing education sessions, and CFE Fund - hosted trainings,
as well learning community activities.
4. Coordinate efforts, along with the Financial Counseling Provider, to identify, secure and
manage programmatic partnerships (referrals, co- locations and integrations).
a. Launch the FEC with a minimum of eight partnerships that cover the following
approaches.
i. Referral: Partner's case manager directs client to an FEC counselor or the
referral is embedded within the program.
ii. Co- Location: FEC counselor is on site at the organization.
iii. Integration: FEC counselor is on site, the financial counseling is part of the
service delivery and there is sharing of key data points.
b. Continue to identify and secure programmatic partnerships within a range of services
and locations, including within local government programs, nonprofit services or
private companies.
c. Work with Financial Counseling Provider to assess partnerships, ensuring effectiveness
and impact.
5. Adhere to the following CFE Fund marketing and communications guidelines.
a. Acknowledgements by the Grantee relating to the Grant will be given to "the Cities for
Financial Empowerment (CFE) Fund ".
b. On any signage or communications pieces related to the FEC, the local government
partner logo and financial counseling provider logo are always included with the FEC
logo.
c. Prior written approval of the CFE Fund is required before Grantee or any employees,
servants, agents or independent Grantees may, at any time, before, during or after
completion or termination of this Agreement, make any statement to the press, make a
public announcement or issue any material for publication through any medium of
communication bearing on the Grant, work performed or data collected under this
Agreement.
d. The Grantee agrees to provide details about all Grant - related marketing and
communication materials and events to the CFE Fund reasonably in advance to jointly
determine appropriate branding opportunities for the CFE Fund and any relevant CFE
Fund partners, including the Foundation. Materials include but are not limited to
websites, newsletters, media releases, public announcements, event invitations and
programs. The Grantee will request permission from the CFE Fund before using or
modifying the FEC Public and FEC logos and related branded materials.
e. The CFE Fund will provide specific communication protocols, including the guidelines
in Exhibit I (the "Financial Empowerment Center Branding Assets "). Grantee also shall
provide to the CFE Fund final copies of all printed materials as part of the progress
reports for the Program.
f The Grantee shall not make any statement or otherwise imply to donors, investors,
media, or the general public that the Foundation directly funds the activities detailed in
the Scope of Work.
g. The Grantee and its Vendor(s) may not publicly announce the receipt of this Grant or
its details until the CFE Fund and its institutional investors have made their official
announcement or have otherwise given permission in writing.
EXHIBIT B
I1. FECBOT Database and Experian Connectivity
1. For the term of the Contract, Grantee will use the CFE Fund's FEC database, FECBOT
(Financial Empowerment Center Boost Outcomes Tool). Grantee must obtain prior written
approval from the CFE Fund to grant a User license and access the FECBOT Database. The
CFE Fund will provide licenses for FEC program - essential personnel, such as the Financial
Counselors, the Program Manager, and the Local Government Manager. However, all non-
essential users are subject to licensing fees and reasonably related management costs
2. Grantee will ensure that the Financial Counseling Provider maintains rigorous client
confidentiality when using FECBOT and Experian, and follows data collection protocols to
ensure client confidentiality:
a. Maintain the confidentially of all written and electronic client information and data; as well
as the configuration of FECBOT and terms and prices of the Experian credit reports.
b. Ensure that computer equipment, the FECBOT database, and any other data collection
tools will not be used by anyone other than Financial Empowerment Center - trained and
approved Financial Counselors, City and Counseling Provider Managers and a limited
number of support staff; and will not be used outside of the parameters of the Financial
Empowerment Centers or Grantee's other office locations. Any staff member who is
authorized to access FECBOT will be required to sign the FECBOT User Agreement (see
Exhibit K — Sample FECBOT User Agreement) and provide a copy to the CFE Fund's
FECBOT Administrator.
c. Keep all data within a secure limited - access network, maintained by FECBOT through
Salesforce; and through Experian. Client data should not be downloaded to hard drives of
individual computers or to portable storage devices.
d. Ensure each client understands and signs a Client Waiver form approved by the CFE Fund.
Grantee must ensure that client data is only shared with the consent of the individual client,
following the stipulations in the Client Waiver.
e. Ensure that all paper documents with personally identifiable information will be stored in
locked file cabinets with access limited to Financial Empowerment Center staff. Financial
counseling records, including sensitive financial information must be kept in a locked
drawer /cabinet separate from other Grantee client information. Any old, duplicative, or
unnecessary documents containing personally identifiable information shall be shredded
using a cross -cut paper shredder. Personally identifiable information includes, but is not
limited to, social security numbers, full names, telephone numbers, addresses, email
addresses, dates of birth, and financial account numbers.
f. Use standard database security practices when accessing FECBOT and the Experian portal,
which include: using strong passwords (combinations of letters, numbers, and special
characters) to limit access; changing passwords at least quarterly; and not sharing
passwords with other employees or by storing passwords where others may access them.
g. Limit the ability of non - Financial Empowerment Center staff members to view data by
locking, turning off or logging out of computer systems when not in use. This shall include
setting security systems to automatically lock with a screen saver at frequent intervals, not
more than ten minutes.
h. Protect computers and other network devices that can be used to access Client data with
anti -virus and anti- spyware malware protection software, a firewall, and timely installation
of Windows "patches."
EXHIBIT B
III. License
1. Subject to compliance with all terms and conditions of this Agreement, CFE Fund hereby
provides Grantee a non - exclusive and non - transferrable license to all City of Roanoke
Financial Empowerment Center data stored in the FECBOT database during the Term of this
Agreement. The Grantee may only use this data for City of Roanoke Financial Empowerment
Center program purposes, as permitted in Exhibit J (the " FECBOT User Agreement "), and in
accordance with instructions from the CFE Fund.
2. Grantee acknowledges that CFE Fund owns all right, title, and interest in FECBOT, including
all intellectual property rights and FECBOT data. Grantee further acknowledges that the CFE
Fund has dedicated substantial resources to build, administer, and manage the FECBOT
database and it is the sole intellectual property of the CFE Fund. If Grantee violates the terms
of this Agreement, including not effectively administering the terms and conditions in the
FECBOT User Agreement, the CFE Fund may, in its discretion, provide Grantee a reasonable
opportunity to cure or remedy the violation. Absent acceptable cure, the CFE Fund may
terminate this License with reasonable notice to Grantee.
IV. Intellectual Property
1. Grantee, and the Financial Counseling Provider, recognizes that any and all materials,
including but not limited to training manuals and templates and FECBOT, provided by the
CFE Fund to the Grantee, and its Financial Counseling Provider(s), are the exclusive
property of the CFE Fund.
2. Grantee, and its Financial Counseling Provider(s) if applicable, will not use, transmit, display
or publish or otherwise license such materials without the CFE Fund's prior written consent.
EXHIBIT B
Exhibit C
Financial Empowerment Center Model
(the "Model ")
Please note that this provides a broad overview of the model. During the course of engagement,
the CFE Fund team will be providing further details on all components of the model.
Model:
• One -on -one financial counseling from trained professionals
• Offered by local government, often as delivered through nonprofit organization partners,
as a free public service
• Data systematically tracked, including defined client outcomes
• Counseling connected to a range of local government and nonprofit service delivery
systems
• Prioritizes sustainability efforts to become a sustained, publicly- funded service
Operations:
• Program implementation and management is led and overseen by the local government
• Service provision is conducted by one or more qualified nonprofit partners or local
government agencies
• Counselors conduct financial triage with clients to determine the nature of their financial
situation, set goals, and establish a specific plan of action with each client focused in four
primary areas: banking, savings, debt, and credit
• Client retention, critical to outcome achievement, is prioritized
• All counselors must take and pass a CFE Fund - approved training (based on CFE Fund
standards)
The Financial Counseling Session
As defined for the Model, one -on -one financial counseling and coaching represents a mix of goal
setting and light case management in a direct service provision role, as well as deep technical
knowledge of financial issues and the ability to advise people on their financial and personal
goals in the areas of banking, savings, debt, and credit. One -on -one counseling, either in person or
remotely, is conducted or tracked with the goal of clients achieving meaningful, defined financial
outcomes. A financial counseling session is a confidential, private meeting between an FEC
counselor and individual (or household) lasting a minimum of 30 minutes. Sessions are typically
in person, but remote (i.e. phone, video) sessions are also permitted as follow -up sessions given
they meet the 30- minute requirement.
The initial counseling session consists of a comprehensive financial health assessment, where
counselors conduct triage to determine the full nature of the client's financial situation, support
the client in setting goals, and establish a specific client -led action plan to manage their finances,
pay down debt, increase savings, establish and build credit, and access safe and affordable
mainstream banking products. Retention, or returning for more than one session, is critical; clients are
more likely to achieve outcomes if they participate in multiple counseling sessions. Throughout the
EXHIBIT C
process, counselors advise clients, and track progress towards outcomes aimed at enhancing
financial stability.
Partnership Structure
The Model is a partnership between local government and community based organizations, with
critical and distinct roles for each partner.
Local Government (city or county) plays a central role of directing and coordinating the
initiative on the ground. The local government partner ensures quality and consistency of
service delivery by establishing protocols for monitoring and evaluation, using public channels
for marketing and promotion of services, and supporting integration of service delivery within
other public programs and local government access points.
Financial Counseling Providers recruit, hire and supervise the FEC counselors. They are
responsible for all data collection and regular reporting to the local government and the CFE
Fund. They support public marketing efforts by participating in outreach events and
presentations. In addition, nonprofit providers establish and maintain relationships with other
community partners hosting counselors, referral partners, and other outreach and community
efforts. This provider role can also be fulfilled by a local government agency.
Local and National Counselor Training Partners deliver financial counseling training
instruction based on the training standards provided by the CFE Fund, focusing on financial
content, counseling and coaching skills, and cultural awareness. Partners can deliver this
training in a variety of formats, including at a local college, through self -paced webinars, and /or
with program managers or national training providers teaching the curriculum. Prior to working
with their own clients, counselors must pass an exam that evaluates their command of training
material and succeed at a period of mentored, experiential training (such as role - playing,
shadowing, and observation). In addition, local government and counseling provider managers
coordinate continuing education opportunities as the program evolves in order to further
counselors' professional development and understanding of new issues facing those with low
incomes.
Programmatic Partners are crucial to integrating the FEC services into the service streams of
local government and nonprofit agencies, especially those serving people with low and
moderate incomes. At their best, these partnerships deeply embed financial counseling and
coaching into local government and nonprofit programs and advance those programs' goals.
Potential complementary program linkages could include homeownership assistance, homeless
prevention, foreclosure prevention, workforce development, asset building, financial access,
domestic violence prevention, or other social services.
Philanthropic Partners play a key role in both the launch of the FEC and subsequent
enhancement opportunities. At the start of the implementation phase, localities secure funding
from local and /or national funders to partially match the CFE Fund's investment to launch the
FEC. Funder engagement in the FEC stems from a range of interests, including geographic
footprints, programmatic priorities, innovation opportunities, and issue -based giving. Once the
FEC has launched, fenders offer opportunities to enhance the Model with targeted pilots, while
EXHIBIT C
also providing support to complement the public funding.
Data Collection and Reporting
Data collection and reporting are essential to the success of the Model, used to improve service
delivery, track required outcomes, and further budgetary and political sustainability efforts.
FEC initiative Grantees will be required to use FECBOT throughout the grant period and
participate in all national data collection, tracking, and evaluation activities. Grantees have
access to all local data collected and are able to create customized reports.
Learning Community
The CFE Fund operates a national learning community of local government partners engaged in
FEC development and implementation.
EXHIBIT C
Exhibit D
Grantee Budget
The CFE Fund will provide an Implementation Grant of up to $150,000 in Year 1 to support the
City of Roanoke's Financial Empowerment Center, in line with the following budget, and up to
$100,000 in Year 2. Year 2 budget to be submitted in the Year 2 match funds proposal.
Freedom First Enterprise /FEC Pro F
Year -1
Budget Income
City cf Roarcke Cash Ccnt ibut
$15.000
City of Rearcke Saiar; and eer
FFCU Salary
FFCU Eanefts
36 0co
CFE grant
33, DCC
Balance cf CFE P Iann ng Grain'
3
Trainng ;ran[
so
Total Gross Income
$366,992
Total Income
Budget Expenses
Advertising /Marketing
$15.000
Occupancy
Annual Rent
Co- tccatcn Rental Space
36 0co
Equipment Ren-a^
33, DCC
PhcrelCompucer
35 0c0
P:laintenance.Reno'va-iors
so
Insurance
-
3-�. 000
Taxes
s0
Cleaning
so
Total Occupancy
$29,000
Depreciation Expense
$0
Furniture
so
Total Depreciation
$0
Misc. Expenses
A CCOltntan*AUdlt
3'
U'ilities
}d„
Train'ng
S', 190
Mileage
32 PCD
Travel
-
GUtreach:Events
3, <, 30
Credit Reports
S2 `,CD
Dues 8 Subscript cris
31. "]0
Greer.-Path
s6.DC
Translation SeN ces
3=,."00
Total Miscellaneous
$51,500
Office Supplies
$5.000
Payroll Salaries
FFE Salaries
$79.800
FFE Benefits
$15.96D
FFE Salaries New (2)
$s2,000
FFE Benefits New (2)
$16,400
Hiring Cost
$4-000
City of Roanoke Salary
ga3,p„
Administrative Suppert
$1d.D00
Hiring Cost
35.D00
Total Payroll
$260,556
Total Expenses Total Expenses
5361,056
Net Income
$
EXHIBIT D
Exhibit E
Reporting
The Grantee is responsible for reports using the CFE Fund's online grant portal. The grants portal
will remind grantees of submission dates in advance.
Reports
Narrative Report and Client Snapshot
Narrative Report and Client Snapshot
Narrative Report and Client Snapshot
Narrative Report and Client Snapshot
Due Date*
July 31, 2020
January 31, 2021
July 31, 2021
January 31, 2022
*pending adjustments based on actual FEC launch date
• Narrative Report
This report should be completed jointly by the Grantee and the Financial Counseling
Provider and address performance, operations, partnerships, staffing and professional
development, fundraising and sustainability, budget, and next steps.
• Client Snapshot
Using the Client Snapshot Template provided by the CFE Fund (Exhibit F), this report
from the Financial Counseling Provider should contain 3 -5 client stories that share their
experience and success at the FEC, and a high - resolution photo (photo submitted
separately from the grants portal).
EXHIBIT E
Exhibit F
Client Snapshot Template
Please include (3 -5) stories that illustrate the impact the Financial Empowerment Center has had on an
individual. These stories should include a high resolution photo (ideally from a professional
photographer, if possible *) and should be about a client — counselors should use the below questions to
interview clients. This completed form, for each client, should be submitted as part of your semi - annual
narrative report. (1 -2 sentences minimum per question)
For any questions about this Client Snapshot requirement, please contact Kelsey Bradley at
kbradleys'a, cfefiuid.or,7
*FEC Implementation cities can use funding from their marketing budget for photography
------ - - - - -- all fields are required
Name (i.e. Jane):
Email address (of client):
FEC City /County and Location:
Why did you come to the Financial Empowerment Center?
(What circumstances were you struggling with that led you to the FEC ?)
What financial achievements have you made since coming to the FEC?
(reduced debt, improve credit, build savings, more than one, etc.)
Why and how has the FEC made a difference in your financial future and overall life?
What has working with a Financial Counselor done to help you, your family, etc.?
What would you say to a friend or family member who was curious about how the FEC
could help them?
Do you plan to continue working with your financial counselor to achieve specific
goals? What goals? How can the FEC help you achieve these goals?
By submitting this information, you give the Cities far Fii�oatio/ Empawermeat Fund permission to shore your story,
p/�ata, o�d first name oa their website, fetpub/corg, 117d117 other marketing materia /s or partner moterio /s trot
promote the
P7,71700/ E_ Center initioti ✓e
EXHIBIT F
Cities for Financial Empowerment Fund, Inc.
Tamara Lindsay
Principal
Cities for Financial Empowerment Fund, Inc.
44 Wall Street, Suite 605
New York, NY 10005
(646) 362 -1635
tlindsay(c ,cfefund. orb
Grantee
Robert S. Cowell, Jr.
City Manager
City of Roanoke
215 Church Avenue, SW Room 364
Roanoke, VA 24011
540- 853 -2333
bob cowelI cr roanokeva.gov
Notices
EXHIBIT G
Exhibit G
Exhibit H
Year 2 Secured Match Funds Template
Grantee will be required to submit the Year 2 match funds proposal within nine months of the
launch of the FEC.
The proposal will cover the following:
• Funding source name
• Dollar amount
• Funding term (start date, end date)
• Whether the funding is in -hand or committed
• Whether funding will be held by the local government or a fiscal sponsor
• Letter from each funding source confirming grant award to support the FEC. If
committed, include the estimated date the funding will be in -hand.
EXHIBIT H
Exhibit I
Financial Empowerment Center Branding Assets
(To Be Attached)
EXHIBIT I
Financial Empowerment Center
Branding Assets
Financial Empowerment Center Branding Assets • •
The local government partner logo and nonprofit logo
should always be included with the FEC logo.
Neutral Usage:
This version of the logo
does not include a tagline
and is used for the most
basic settings or instances,
Tagline Usage:
This version of the logo
uses a tagline to help
cornr-nunicat rnore about
the Financial Empowerment
Center, widiin the
graphic itself,
2- Color:
This version of the logo
does not use the gradient
treatment within the graphic.
This is helpful for 2 -color
print jobs or when using
printers that do not have
the duality output for
gradation in color.
Akron
Financial
Empowerment
Center
Akron
Financial
Empowerment
Center
Akron
Financial
Empowerment
Center
Akron
Financial
*>Empowerment
Center
Financial Empowerment Center Branding Assets • •
This version of the logo
is for use vihen only bl-tcl<
=.tld %,, (iite are 1tvaiiable,
White on Color:
This varsion of the logo
sIr0ulcl be used if the
bcaSiiClr0U1'1d is solid in
anc-I at n. slid to
I; -tr1 ,lhade.
For lighter background
Sh =ides it Is best to uSS,
the color logo, or tha
and White version above,
In general, this is the lea ,t
preferable treatment of
the logo,
For lighter background
shLidas it is bust to use
the col or logo, or the Blcick
and 1 mite version 2bovv.
In genre ral, this is the least
preferable treatment of
e logo.
Akron
Financial
Empowerment
Center
Akron
Financial
*>Empowerment
Center
Free One -on -One
Financial Counseling
Akron
Financial
Empowerment
Center
Akron
Financial
TfEmpowerment
Center
Free One -on -One
Financial Counseling
Akron
Financial
Empowerment
Center
Free One -or, -One
Firaacial Counse,rg
Akron
Financial
Empowerment
Center
Akron
Financial
Empowerment
Center
Akron
Financial
TfEmpowerment
Center
Free One -on -One
Financial Counseling
Akron
Financial
Empowerment
Center
Free One -or, -One
Firaacial Counse,rg
Financial Empowerment Center Branding Assets
Financial
Ernpowerni.ent Center
Branding Colors:
j
U,� --d �S tile jai "ifflPtY
c,:drjrs f0l ro�,,terial:i
Gradient Colors:
-[,Hose four colors -ar-e
transitional stops for thv
Neillitral Usage full color
logo and are acceptable
in materi�als as additions
to the palette,
7 R G, 110 D 35
y 10 S 3 3 / Y 10 K 2
Transitional Green Vibrant Green
R93/G169/B3) R 210 / G 236 / B 35
061- 1, A 10 If y 1 ') 1-1 / �/1 1 C 22 /1 ivj 0 / Y' F,7 If K 0
Financial Empowerment Center Branding Assets
This is the typefaCe Used for FEC materials,
M
ipsurn 101, it arne'l, cMsOc"'�,tur adij, . SCIrI
it,
sed do eiLJSMI0d ietlIPOYincididUnt tit labc)re, et olore magna
aliqUa, Ut enim ad minin-i venian'i, qUis nostrUd exercitati011 L111amco
laborls nisi ut aliqUip ex ea commodo consequat, DUis aLlte iftire dolor in
reprehenderit in voluptate velit esse cillurn dolore eu fugiat nUlla pariatur. Excepteur sint
OcCan'Cc-lt CLIpidatat non proicient, Sunt in culpa cj�'li officizi deSWLlf)f n, D! ht anirn id est Jalmrum,
Exhibit J
CFE Fund Public Outcome Definitions and Calculations
(To Be Attached)
EXHIBIT J
FEC Public Outcome Definitions and Calculations
Outcome Documentation and Verification
As a public service, Financial Empowerment Centers must hold themselves to
the highest standards of accountability. A key way the FEC does this is by
requiring that all FEC outcomes are documented and verified. The official or
client - signed documentation must be uploaded or recorded in FECBOT as part of
the client's record and should be readily accessible in cases of a formal audit.
The local FEC management team should develop verification protocols to
confirm that all outcomes claimed can be substantiated. Documentation can
include scanned paper documents, electronic communications, mobile
screenshots, or a declaration signed by the client
BANKING
Banking Outcome: Open a safe and affordable banking account
Definition
A client opens a safe and affordable account.
Philosophy
Banking access is critical to individual and community financial security.
Outcome Achievement
• The outcome is achieved once per account opened by and for the client.
• Up to two outcomes can be achieved per session, one for savings and one for checking and up to
three outcomes over the course of the client's FEC engagement.
• A safe and affordable account is determined by each local FEC management team, following
guidance from CFE Fund and the Bank On National Account Standards.
• Transaction and savings accounts are eligible.
• Clients are eligible to achieve this outcome regardless of their initial or current banking status.
Calculation
This outcome is achieved every time a counselor indicates, "Yes" for a maximum of 3 outcomes.
Eligible Documentation
• Statement of account with client's name & account terms and conditions; OR
• Official confirmation of account opening from financial institution; OR
• Declaration signed by client
Open a safe and affordable banking account - Example scenarios:
Scenario Relevant Data Field(s)
Session 1
Session 2
Total Outcomes Achieved
A • Has opened new safe
No
Yes
YES — 2 outcomes are achieved. The
and affordable
client is eligible for one additional
checking account?
outcome at a later date if a third
• Has opened new safe
No
Yes
account is opened.
and affordable savings
account?
B • Has opened new safe
No
No
No — Client did not open any new
and affordable
accounts.
checking account?
• Has opened new safe
No
No
and affordable savings
account?
Banking Outcome: Use banking account actively
Definition
A client begins using a banking account in two or more of the following ways and maintains active use of
the account over the course of multiple sessions.
o Eligible Account Uses:
• Making debit transactions
• Using direct deposit
• Making deposits (any non -ACH (check or cash) deposit
• Using online or automatic bill pay
• Making withdrawals (ATM, teller withdrawal, transfer to another account)
• Using bank issued money order or cashier's check
• Making peer -to -peer transactions (inflow and outflow)
Philosophy
Fostering active use of the banking account furthers a client's ability to manage finances.
Outcome Achievement
• Can be achieved once over the course of the client's FEC engagement.
• Clients are eligible for the outcome who have never used the account or has only used it in one of
the listed ways.
• The outcome is achieved when the client uses an account in two or more ways, for at least two
follow -up sessions. The sessions do not need to be consecutive, and the ways the client used the
account do not need to be the same. Accordingly, only clients who attend three or more sessions
can achieve this outcome.
o Initial Session: To determine eligibility and set a baseline for the outcome counselors should ask
at the whether the client has used their account(s) in the listed ways in the last month. If they
already are using their account(s) in two or more ways, they are ineligible for achieving this
outcome.
o Follow -up sessions: Counselors should ask whether the client has used their account in listed
ways since the most recent session. If the client has used the account in two or more of the
E!
listed ways, he /she will achieve only one outcome, regardless of the number of new account
uses registered.
Calculation
If counselor answers, "No" to "Is the client actively using their banking account(s) ?" when the initial
banking assessment is taken, then answers "Yes" to that assessment question (regardless of number of
uses registered) in two subsequent sessions.
Eligible Documentation
Documentation from financial institution demonstrating:
• debit transactions
• direct deposit
• deposits (any non -ACH (check or cash) deposit
• online or automatic bill pay
• withdrawals (ATM, teller withdrawal, transfer to another account)
• bank issued money order or cashier's check
peer -to -peer transactions (inflow and outflow); OR
• Merchant receipt or proof of payment demonstrating one of the above payment methods; OR
• Screen shot of financial institution app demonstrating one of the above uses; OR
• Declaration signed by client
Use banking account actively — Example scenarios:
Scenario
Il
B
C
Relevant Data
Field(s)
Session 1
Session 2
Session 3
Session 4
Total Outcome
Is the client
Yes — client says
N/A
N/A
N/A
Achieved
Ineligible
actively using
they have done
their banking
two or more of
account(s)?
listed uses in
the past month
Is the client
No — Client only
Yes — client says
No — Client
Yes — Client
YES —1 outcome
actively using
made a
they've made a
only made a
says they've
achieved
their banking
withdrawal in
withdrawal and a
withdrawal
made a debit
account(s)?
the past month
deposit since last
(1 use)
transaction,
(no additional
(1 use)
session (2 uses)
made a
outcomes
withdrawal and
possible)
received a
direct deposit
(3 uses)
Is the client
No — Client
No — Client just
Yes — Client
Yes — Client
Yes —1 outcome
actively using
doesn't have
opened up
received a
received a
achieved (no
their banking
account
account, but
direct
direct deposit
additional
account(s)?
plans to set up
deposit,
and made a
outcomes
direct deposit (0
made a
deposit (2 uses)
possible)
uses since last
withdrawal,
session)
and made a
debit
transaction
(3 uses)
3
CREDIT
Credit Outcome: Establish a credit score
Definition
A client, who originally had no credit score, now has a credit score.
Philosophy
Credit history and score are key indicators of a person's financial life and used by a diverse range of
actors to make financial decisions about a person.
Outcome Achievement
• This outcome can be achieved once over the course of the client's FEC engagement.
• Clients are eligible if they have a '0' credit score: are unscored (9003 or 9002 code) or are credit
invisible (no record found) on the Experian credit report that is pulled into FECBOT
The outcome is achieved when the credit report score changes to being between 300 and 850.
Calculation
Comparing client's baseline credit score (0, unscored or no record found)) to most recent score in 300-
850 range.
Eligible Documentation
Two or more Experian credit reports in FECBOT demonstrating change in status.
Establish a credit score — Example scenarios:
Scenario Relevant Data Session 1 Session 2 Total Outcome Achieved
Field(s)
A Current FICO 0 300-850 Yes —1 outcome achieved (no additional
Credit Score range outcomes possible, client will now work towards
increasing their credit score)
B Current FICO 0 0 No — Client remains unscored /credit invisible
Credit Score
Credit Outcome: Increase credit score by at least 35 points
Definition
A client's credit score increases by at least 35 points.
Philosophy
Higher credit scores allow for better terms and conditions for a range of services; and cheaper ways to
borrow money.
Outcome Achievement
• This outcome can be achieved multiple times per session and over the course of a client's FEC
engagement (e.g. 70 points counts as two outcomes).
• Clients with score between 300 and 850 are eligible for this outcome.
4
Calculation
This outcome is calculated by comparing a client's baseline credit score value to their most recent. The
baseline credit score is updated every time the outcome is achieved (the new baseline is the new score
that is 35+ points higher than the old baseline). The baseline can also be updated if the client's credit
score decreases (e.g. they only have to increase it 35 points from the more recent, lower value).
Eligible Documentation
Two or more Experian credit reports in FECBOT demonstrating change in score.
Increase credit score by at least 35 points — Example scenarios:
Scenario
Relevant
Session 1
Session 2
Session 3
Session 4
Session 5
Total
Data
Outcome
Field(s)
Achieved
A
Current
550
550
600
Yes —1
FICO Credit
outcome
Score
achieved
B
Current
520
510—
550-1
555 — no
600-1
Yes — 2
FICO Credit
baseline
outcome,
outcome,
outcome
outcomes
Score
reset to
positive
baseline
achieved,
achieved
lower
increase
remains
positive
value
of 40
550,
increase
points
of 50
points,
baseline is
updated
to 600
C
Current
620
635
640
700-2
Yes — 2
FICO Credit
outcomes,
outcomes
Score
positive
achieved
increase
of 80
points,
baseline is
updated
to 700
D
Current
600
550—
570
No-
FICO Score
baseline
client
reset to
would
lower
need to
value
increase
to 585+ in
future
session to
achieve 1
outcome)
DEBT
Debt Outcome: Decrease non - mortgage debt by at least 10%
Definition
A client's non - mortgage debt decreases by at least 10 %.
Philosophy
Although some debt represents a productive investment in assets, reducing non - mortgage debt can
make resources available for saving or spending to improve quality of life; it can also lead to a higher
credit score.
Outcome Achievement
• This outcome can be achieved once per session, if the percentage drop is at least 10 %.
• This outcome can be achieved multiple times over a client's FEC engagement.
• Clients whose credit reports show debt, and those who report other debt, are eligible for this
outcome.
Calculation
The outcome is calculated by comparing a client's baseline total non - mortgage debt value (sum of
client's revolving balance and non - mortgage installment balance reported on the credit report in
FECBOT plus "other debt" reported by the client and manually entered into FECBOT), to their most
recent total value. The baseline value is updated every time the outcome is achieved (new baseline is
the lower value that is less than or equal to 90% of the previous baseline) or when the total debt value
increases.
Eligible Documentation
• Credit pull demonstrating debt reduction; OR
• Letter from creditor or debt collector demonstrating debt reduction; OR
• Declaration signed by client
Decrease non - mortgage debt by at least 10% - Example scenarios:
Scenario Relevant Data
Session 1
Session 2
Session 3
Session 4 Session 5 Total
Field(s)
Outcome
Achieved
A • Credit Report
$5,000
$4,700
$4,225
Yes, 1
Non - Mortgage
outcome
Debt:
achieved,
• Other Debt:
reduction
• Total
$0
$0
$0
of 15.5%
Nonmortgage
$5,000
$4,700
$4,225
Debt:
6
Decrease non - mortgage debt by at least 10% - Example scenarios continued:
Scenario Relevant Data
Session 1
Session 2
Session 3
Session 4
Session 5 Total
Field(s)
Outcome
B
Achieved
• Credit Report
$9,000
$9,500
$9,300
Non - Mortgage
Yes —1
Debt:
outcome
• Other Debt:
achieved,
Total
$1,200
$1,200
$0
reduction
Nonmortgage
of 13.1%
Debt:
$10,200
$10,700
$9,300
*baseline
updated to
higher value
c • Credit Report
$500
$250-1
$200-1
$5,000—
$4,800 Yes — 2
Non - Mortgage
outcome
outcome
baseline
outcomes
Debt:
achieved
achieved
reset to
achieved,
• Other Debt:
(50%
(20%
higher
would need
Total
$0
reduction),
reduction),
value
to decrease
Nonmortgage
baseline
baseline
by another
Debt:
$500
reset to
reset to
$300 to
lower value
lower value
claim 3rd
outcome
Debt Outcome: Reduce the number of delinquent accounts
Definition
A client has at least one fewer delinquent (past due) accounts on their credit report.
Philosophy
On time bill payment is the most important part of the credit score algorithm.
Outcome Achievement
• This outcome can be achieved multiple times per session (once per account brought current)
and over a client's engagement.
• Only clients with delinquent accounts are eligible.
Calculation
This outcome is calculated by comparing a client's baseline number of delinquent accounts reported on
their credit report in FECBOT to their most recent value. The baseline value is updated every time the
credit report is pulled if the number of delinquent accounts is higher.
Eligible Documentation
Two or more Experian credit reports pulled directly into FECBOT demonstrating reduction in delinquent
accounts.
VA
Reduce number of delinquent accounts - Example scenarios:
Scenario Relevant
Session 1 Session 2 Session 3
Session 4
Total
Data
Outcomes
Field(s)
Achieved
A Number of
5 accounts 5 accounts 3 accounts— 2
4 accounts,
2 outcomes
Delinquent
outcomes
baseline
achieved
Accounts
achieved,
updated to 4
baseline
updated to 3
B Number of
0 0 1
0— 1 outcome
1 outcome
Delinquent
achieved
achieved
Accounts
SAVINGS
mill
Savings Outcome: Set aside at least one week's worth of income for the future
Definition
A client increases their total monetary savings by an amount equal to at least one week's worth of their
income.
Philosophy
Small amounts of savings can mitigate income volatility and unexpected expenses, which can lead to
financial instability.
Outcome Achievement
• This outcome can be achieved once per session, and multiple times over a client's FEC engagement.
• All clients are eligible for this outcome.
• To achieve this outcome, counselors must enter all income sources and current savings (not being
used in the coming month) in FECBOT's Money Tracker. These values must be updated in the
Money Trackerevery session when savings is discussed.
Calculation
This outcome is calculated by comparing a client's baseline "Total Savings" value (sum of savings values)
to their most recent total value. The baseline is set when they complete their first savings assessment,
and updated every time the outcome is achieved or their income increases or decreases. The client's
monthly income (post -tax) recorded at a prior session will be used to calculate the income portion of the
outcome (changes to income recorded at the current session would not impact an outcome that could
be otherwise achieved). One week's worth of income is calculated by multiplying the monthly dollar
amount by 12 (months) then dividing by 52 (weeks).
Eligible Documentation
• Statement of account with client's name (if a formal location); OR
• Financial institution -based account balance information; OR
• Letter signed by entity or individual holding funds; OR
• Declaration signed by client
8
Set aside at least one week's worth of income for the future — Example scenarios:
Scenario Relevant
Session 1
Session
Session 3
Session 4
Total
Data
2
Outcomes
Field(s)
Achieved
A • Current
$1,000 current
1,000
$1500 current
1 outcome
Amount
savings
current
savings ($500
achieved
of Total
savings
saved)
(based on
Savings
$2,000 month
most recent
• Monthly
($461.54/
$2,000
$2,500 month
monthly
income
Income
week)
month
$576.92/week)
as
reported at
Session 2)
B • Current
$500 current
$0
$150 current
$2,000
1 outcome
Amount
savings
current
savings ($150
current
achieved
of Total
savings
saved)
savings
Savings
($1850
saved)
• Monthly $1,500 month $1,500 $1,500
Income ($346.15/week) $1,500
month *1
outcome
achieved,
despite
5x
increase
Savings Outcome: Adopt new savings behaviors
Definition
A client reports using any one or more of several research -based savings behaviors or strategies over
multiple sessions.
Philosophy
Adoption of positive behaviors (aka strategies) may be more indicative of long -term financial stability
than a snapshot of savings balances.
9
Outcome Achievement
Behavior Examples (counselors may use other examples as well)
Spend Less Reduce Spending: buy less expensive things
Avoid Spending: don't buy things you want
Follow a budget or rules about how much to spend or save
Set Aside Bigger Amounts
of Money
Make More Money to Set
Aside
Set Aside Money More
Frequently
Convert Cash to Assets So it
Can't be Spent
Mentally Separate Spending
Money from Money Set
Aside for the Future
Set aside change or a percent of each purchase
Set aside windfalls or spikes in income
Sell something you own and set aside the money
Earn more (work more hours, take another job) and set aside the money
Move money to higher interest accounts
Make more deposits
Get reminders to move money into savings from an app or a person
Pay in advance or buy in bulk
Buy something to sell later
Lend money to someone who will pay it back later
Increase withholding to get a bigger tax return
Keep funds in one place but tell yourself that certain amounts are for
spending versus saving
Physically Separate Put cash at home in different places for spending versus saving (envelopes,
Spending Money from jars etc.)
Money Set Aside for the Use separate checking and savings accounts
Future Use multiple savings accounts for different goals or timeframes
Set Aside Money Use direct deposit
Automatically Split direct deposit or tax refund into savings and checking
Use automatic transfers into savings
Use an app that automatically moves money into savings
Note: Opening a bank account is critical to savings and could be considered a 10th good savings behavior. It
is not included here because of the way the FEC data system is set up.
• This outcome can be achieved only once per session, regardless of how many behaviors were
adopted at that session, but multiple times over a client's FEC engagement if they continue to
adopt more behaviors.
• Clients are eligible for this outcome if there is at least one behavior which they were not using
when their initial savings assessment was completed.
• Only clients who attend three or more sessions can achieve this outcome.
• To achieve this outcome, counselors must discuss all eight savings strategies during the initial
savings session, and enter whether the client used any of the behaviors in the last month. At
each follow -up session, counselors should ask whether the client has started any of previously
unused strategies and enter their responses.
lict
Calculation
The outcome is achieved when: (a) Client was not currently engaged in a given savings behavior when
their initial savings assessment was completed "No "; (b) Client started the behavior while in counseling
"Yes "; and (c) The new behavior is recorded at any two subsequent (not necessarily consecutive)
counseling sessions.
Eligible Documentation
To demonstrate that a behavior has been adopted at least two forms of documentation must be
provided (one per occurrence)
• Credible documentation demonstrating behavior; OR
• Declaration signed by client
Relevant Data Field(s)
Session 1
Session 2
Session 3
Session 4
1.
Spend Less
I. No
1. Yes
1. Yes
1. Yes
2.
Set aside bigger
2. No
2. Yes
2. No
2. Yes
amounts of money
3. No
3. No
3. No
3. No
3.
Make more money to
4. No
4. No
4. No
4. No
set aside
5. No
5. No
5. No
5. No
4.
Set aside money for
6. No
6. Yes.
6. Yes
6. Yes
frequently
7. Yes
7. Yes
7. Yes
7. Yes
5.
Convert cash to
8. Yes
8. Yes
8. Yes
8. No
assets so it can't be
9. No
9. No
9. No
9. No
spent
*Because they
*1 outcome
6.
Mentally separate
are already
achieved,
*1 outcome
spending -money
"physically
two new
achieved, 1
from money to set
separating" and
behaviors
new behavior
aside for the future
"setting aside
adopted
adopted (set
7.
Physically separate
money
(Spending
aside bigger
spending -money
automatically"
Less &
amounts of
from money set aside
these two are
Mentally
money)
for the future
ineligible to
separating)
8.
Set aside money
count towards
automatically
future
9.
Other
outcomes
Total
Outcomes
Achieved
2 outcomes
achieved
*Savings Outcome' Savings Goal(s): Set a savings goal, save goal amount, and use
savings towards goal purpose
Definition
A client sets a savings goal (including how much they want to save, what they are saving for, and when
they want to have saved it), and either reaches goal dollar amount or uses the savings towards the goal
purpose.
1 Not a contract outcome
IE
Philosophy
Setting savings goals serves as a "commitment device or contract" that helps clients succeed at saving.
Outcome Achievement
• All clients are eligible for these achievements.
• These achievements can be reached multiple times per session and over the course of a client's
FEC engagement.
• Counselors should understand why clients want to save and encourage them to set specific,
attainable target amounts and dates. Specificity and accountability help motivate people to
save. Typical purposes include:
• Emergency
• Upcoming bill or expense
• Pay debt, past due bill
• Home buying
• Moving
o Retirement
o Other (It is important to write in other purposes, both for the client's
motivation and for future program improvement.)
• Goals can be added or changed at any session.
Scenario Relevant Data
Session 1 Session 2
Session 3 Session
Total
Field(s)
4
Achievements
A Select the
Emergency,
1— Achieved at
goal(s) you are
$1000,
Session 3
actively saving
May 1st
towards.
Target
Amount
Target Date
No
No No
Have you
saved the full
target amount
for your
No
Yes* No
Emergency
One
fund?
achievement:
Use savings
Have you used
towards goal
your
purpose
Emergency
fund savings
for an
emergency?
B Select the
Emergency,
2 —Both
goal(s) you are
$1000,
achieved at
actively saving
May 1st
Session 4
towards.
IN
•
•
Target
Amount
Target Date
No No Yes*
Have you
saved the full
target amount
for your
No No Yes*
Emergency
fund?
Two
achieve
Have you used
ments:
Save
your
goal
Emergency
fund savings
amount;
for an
Use
emergency?
savings
towards
goal
purpose
At follow -up sessions and especially when the target date is approaching, counselors should ask
and record whether a goal amount has been reached and whether savings has been used
toward the goal purpose, towards another purpose, or not yet used.
Clients can reach one and/ or both achievements if they self- report reaching the goal amount
and /or using their savings towards the goal purpose.
Calculation
• Save goal amount is calculated when the client answers "yes" to the question "have you saved
your goal amount ?" The goal amount calculation is independent of the savings amounts entered
to calculate whether savings increased by one week's worth of income.
• Use savings towards goal purpose is calculated by the counselor selecting "Yes — Used Savings
for what I planned" to the question, "Have you used any or all of your savings ?"
FEC Public
13
Exhibit K
Sample FECBOT User Agreement
A. General Agreement
FECBOT, the Financial Empowerment Center Boost Outcomes Tool, is a safe and central
database for Financial Empowerment Centers (FECs) to gauge client impact, manage counselor
performance, and report on key metrics to a variety of stakeholders. To protect the system, and
the privacy and confidential information of FEC clients and staff, you agree to use FECBOT in a
productive, ethical, and lawful manner. You acknowledge and agree that FECBOT is provided
under license, and not owned by you. You do not acquire any ownership interest in FECBOT, its
data, materials or products downloaded or stored on FECBOT. You, as a financial counselor,
manager, consultant, data analyst, or other staff member who has been authorized to use the
FECBOT system ( "User "), agree that you will use FECBOT in accordance with the limited
license granted by the Cities for Financial Empowerment Fund, and subject to all terms,
conditions, and restrictions, under this Agreement and as instructed by the CFE Fund, and its
FECBOT Administrator or an approved agent of the CFE Fund. The CFE Fund shall not be
liable for any loss, cost, expense, or other liability arising out of any Customer use of the
Administrative Web Site.
B. Proper Use
Users of FECBOT shall always maintain a professional etiquette when using FECBOT
including, but not limited to, communication on the platform, client notes, session notes, and
participating in the learning community. Poor language, inappropriate comments, use of
profanity, bullying, discriminatory language or conduct and other inappropriate behavior is
strictly prohibited.
Platform use and any communications shared or stored throughout the FECBOT system should
resemble commonly accepted, professional and respectful business correspondence.
C Security, Access, and Passwords
You understand that it is your responsibility to maintain a safe and secure environment when
accessing, using, or working in FECBOT, and responsible for all local security and access of the
FECBOT system.
It is the responsibility of each User to adhere to industry standard IT security guidelines
including but not limited to the creation, format, and scheduled changes of passwords.
All usernames, passcodes, passwords, and information used or stored on the FECBOT System or
its network is the property of the CFE Fund. No User may use a username, passcode, password,
or method of encryption that has not been issued to that employee or authorized in advance by
the FECBOT Administrator.
No User shall share usernames, passcodes, or passwords with any other person except the
FECBOT Administrator or their authorized agent. A User shall immediately inform the
FECBOT Administrator and the CFE Fund if they know or suspect that any username, passcode,
or password has been improperly shared, used, displayed, or compromised and if IT security has
been violated in any way.
EXHIBIT K
Users who have not accessed the FECBOT system for a period of six (6) months will be subject
to suspension or have their license terminated at the discretion of the FECBOT Administrator
without notice.
D. Privacy
All content shared by any User on the FECBOT system, except client data and where excluded
by a superseding client agreement, exists in the FECBOT public domain. Therefore, Users
should have no expectation of privacy whatsoever in any message, file, data, document,
community post, conversation, or any other kind or form of information or communication they
have transmitted to FECBOT.
The FECBOT Administrator may also store copies of such data and communications from time
to time after they are created and may delete such copies from time to time without notice. You
agree that such data and communications may also be used for quality and training purposes at
the discretion of the FECBOT Administrator and the CFE Fund.
A User may also extract data from the FECBOT system, consistent with their authorization,
training, or as otherwise provided by the FECBOT Administrator, so long as the data extracted
maintains an industry standard level of encryption to protect data from unauthorized disclosure
and cyber threats. Other data may only be extracted and used upon prior written consent from the
FECBOT Administrator, the CFE Fund, or an authorized agent thereof.
Furthermore, the counselor, employee, agent or User of FECBOT acknowledges that any
information stored in or shared on the FECBOT system shall not be shared via social media,
including, but not limited to, Snapchat, Facebook, Twitter, Instagram, Linkedln, Pinterest, etc.
absent the expressed approval in writing of the FECBOT Administrator or the CFE Fund.
E. Cloud System
The CFE Fund maintains a cloud -based data communications network to facilitate all aspects of
the FECBOT system. Highly sensitive financial information is stored on the system. Users
understand that they may never sign into FECBOT using the password or username of another
User of FECBOT. No User shall access, attempt to access, alter, or delete any network document
on a computer not authorized by the FECBOT Administrator, CFE Fund, or an authorized agent
of the CFE Fund.
All users are required to use industry standard protocols to maintain security from hackers and
database intrusion. This includes the limited use of unsecured configurations and `open access'
configurations, which shall include, but not limited to, use of public Wi -Fi locations, hardware
and software installations from an unapproved third -party, objectively hazardous internet "click-
bait"; and settings that permit unnecessary or unauthorized access to or use of IT systems and
networks. Computers and network devices that come with a vendor - supplied, factory- default
settings that favor connectivity and data sharing over security shall be subject to evaluation by
the FECBOT Administrator, the CFE Fund or an approved agent thereof. FECBOT Users shall
not use FECBOT on any public computer, including, but not limited to, library computers,
internet cafes, hotel computers, or otherwise.
EXHIBIT K
F. Confidentiality and Proprietary Rights
FECBOT is the intellectual property, including, but not limited to, all files, documents,
templates, forms, guidebooks, training material, communications materials, and other trade
secrets of the CFE Fund and is an extremely valuable asset. By signing this agreement, you agree
not to jeopardize the system with any personal use of electronic communications systems,
including email, text messaging, internet access, social media, and telephone conversations and
voice mail.
Disclosure of confidential information to anyone outside of any approved FEC provider, the
FECBOT Administrator, or a staff member of the CFE Fund is strictly prohibited. A User shall
ask the FECBOT Administrator if they are unsure whether to disclose confidential information to
particular individuals or how to safeguard the company's proprietary rights.
Use of the CFE Fund name, intellectual property, materials, brand names, logos, taglines,
slogans, or other trademarks without written permission from the FECBOT Administrator or an
authorized representative of the CFE Fund is strictly prohibited.
G. Remedies
Users who violate any provision of this agreement are subject to all adequate remedies available
at law and equity, up to and including termination or revocation of a contract, general and special
damages, and other equitable remedies allowed by law.
H. Acknowledgement and Review
I,
acknowledge that on
I received a copy
of this FECBOT User Agreement and that I read it, understood it, and agree to comply with it. I
understand that the CFE Fund has the maximum discretion permitted by law to interpret,
administer, change, modify, or delete my use of FECBOT at any time without any notice. I
understand that neither this agreement nor any other communication by a the CFE Fund, whether
oral or written, is intended in any way to create a contract of employment.
(SAMPLE — THIS VERSION NOT FOR SIGNATURE
Signature
[SAMPLE — THIS VERSION NOT FOR SIGNATURE]
Printed Name
[SAMPLE — THIS VERSION NOT FOR SIGNATURE]
Date
EXHIBIT K
— IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 2019.
No. 41636- 121619.
A RESOLUTION approving and consenting to a proposed Contract between Evelyn Powers,
Treasurer for the City of Roanoke, Virginia ( "Treasurer "), and Taxing Authority Consulting
Services, P.C. ( "TACS "), , and a proposed Contract between the Treasurer and Penn Credit
Corporation ( "Penn Credit "), for the collection of taxes and other charges; and authorizing the
Treasurer to sign any documents necessary to administer, continue, enforce, and effectuate the
Contracts, including any and all existing renewals, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
City Council hereby approves and consents to the proposed Contract between the
Treasurer and TACS, and approves and consents to the proposed Contract between the Treasurer and
Penn Credit, for the purpose of TACS and Penn Credit to assist the Treasurer with the collection of
certain delinquent taxes and other charges, such contracts to be substantially similar in form to the
contracts attached to the City Attorney's letter dated December 16, 2019. Both contracts shall be
for an initial term of one year, subject to a renewal term not to exceed a total of four additional years,
as stated in the City Attorney's letter dated December 16, 2019.
2. The Treasurer is authorized to sign the necessary documents to administer, continue,
enforce, and effectuate the Contracts, including any and all existing renewals of the Contracts as
permitted by the terms of the Contracts. All such documents shall be upon form approved by the City
Attorney.
ATTEST:
City clerk. '
R- Authorize TACS and Penn Credit Contracts (12.16.19)
Daniel J. Callaghan
City Attorney
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011 -1595
The Honorable Sherman P. Lea, Sr.,
and Members of Council
TELEPHONE 540- 853 -2431
FAX 540 - 853 -1221
EMAIL: cityatty @roanokeva.gov
December 16, 2019
Timothy R. Spencer
David L. Collins
Heather P. Ferguson
Laura M. Carini
Douglas P. Barber, Jr.
Assistant City Attorneys
Re: Request for Approval of Contracts Between Roanoke City Treasurer and
Taxing Authority Consulting Services, P.C., and Penn Credit Corporation for
Collection of Delinquent Taxes and Other Charges
Dear Mayor Lea and Members of City Council:
Background:
Section 58.1- 2919.1, Code of Virginia (1950) as amended, authorizes local treasurers, with the
approval of the local governing body, to enter into contracts with private collection agents to assist
with the collection of any local taxes or other charges due the locality that remain delinquent for a
period of three months or more, and for which the appropriate statute of limitations has not yet run.
The collection agency's fees may not exceed twenty percent (20 %) of the taxes or other charges so
collected.
By contract dated January 1, 2014, the City of Roanoke, with the consent of the Roanoke City
treasurer, contracted with Taxing Authority Consultants, P.C. (TACS) to assist the City with
collection of delinquent taxes and other charges. TACS is a privately owned collections law firm
whose clients are exclusively Virginia state and local governments. Because of the resources
available to TACS, including its team of attorneys and staff with prior experience collecting debts
for local governments, TACS enjoys certain economies of scale. These advantages make TACS
uniquely suited to assist the City with the collection of long standing delinquent debt that the City
has been unable to collect using its own internal resources. Some of the delinquent debt that TACS
collects under its contract include, and is not limited to, personal property taxes, trust taxes, and
parking tickets. Accounts are typically referred to TACS after the City has unsuccessfully attempted
to collect the debt after applying its own internal resources. TACS typically recovers for the City
approximately $134,000 per year on average.
The Roanoke City Treasurer also desires to contract with Penn Credit Corporation (Penn Credit)
for tax collection purposes. Penn Credit is a national collection agency, and works with several
public and private entities in the region to collect delinquent debt. Penn Credit has a sophisticated
skip tracing system for locating and collecting taxes from individuals across the nation. The
Roanoke City Treasurer desires to utilize Penn Credit's services primarily to assist with the
collection of delinquent accounts for trust taxes (e.g. meals taxes and transient occupancy taxes)
owed by individuals who no longer reside in the City and for whom staff has difficulty locating and
collecting amounts due.
Considerations:
The January 1, 2014, contract with TACS expires December 31, 2019. The Roanoke City Treasurer
desires to continue to utilize TACS's services upon expiration of its current contract to assist with
the collection of taxes and other charges owed the City of Roanoke. In accordance with the Virginia
Procurement Act, the Roanoke City Treasurer issued an RFP earlier this year seeking offers from
qualified firms to assist the Roanoke City Treasurer in its collection efforts. TACS and Penn Credit
were among the respondents, and were deemed the most responsive and qualified offerors. Terms
and conditions of contracts were negotiated with both TACS and Penn Credit. Both of the proposed
contracts provide for initial terms of one year each, subject to four additional renewal terms of one
year each. The fees TACS and Penn Credit shall receive are limited to an amount not to exceed
twenty percent (20 %) of the taxes or other charges actually collected, provided that a separate fee
may be negotiated if a matter proceeds to litigation. TACS and Penn Credit shall only receive the
20% fee if they are successful in collecting taxes or other charges. Accounts will only be referred
to TACS and Penn Credit after three months of delinquency as required by state law. State law
requires the governing body's consent before such contracts may be executed by the Roanoke City
Treasurer.
Recommended Action:
Adopt the attached resolution, consenting to the Roanoke City Treasurer executing contracts with
Taxing Authority Consulting Services, P.C., and Penn Credit Corporation, for the collection of
taxes and other charges. Such contracts shall be substantially similar in form to the contracts
attached to this letter, and shall be approved as to form by the City Attorney.
DJC /rry
Sincerely,
Daniel J. C aghan
City Attorney
Council Appointed Officers
Evelyn Powers, Roanoke City Treasurer
R. Brian Townsend, Assistant City Manager
for Community Development
Sherman M. Stovall, Assistant City Manager for Operations
Amelia C. Merchant, Director of Finance
David L. Collins, Assistant City Attorney
CITY OF ROANOKE, VIRGINIA
ROANOKE CONTRACT BETWEEN EVELYN POWERS, TREASURER, OF CITY OF
ROANOKE, AND
PENN CREDIT CORPORATION
FOR LEGAL SERVICES RELATED TO DEBT COLLECTION SERVICES
This Contract No. C20- 1234 -036 is dated January 1, 2020, between Evelyn Powers, in
her capacity as Treasurer for the City of Roanoke, Virginia, a Virginia Municipal
Corporation, (the Treasurer and City of Roanoke, Virginia, are collectively hereinafter
referred to as the "City" or "Owner"), and Penn Credit Corporation, hereinafter referred to
as the Consultant, a Pennsylvania Corporation authorized to conduct business in
Virginia under SCC ID F1489881, pursuant to Section 58.1- 3919.1.
WITNESSETH:
WHEREAS, Consultant has been awarded this nonexclusive Contract by the City for
furnishing all equipment, materials, goods, labor, and services necessary for legal
services related to debt collection for various tax and non -tax debt, and associated work
in accordance with this Contract and the documents referred to herein, all such items or
services also being referred to hereinafter as the Work or Project; and
WHEREAS, City Council for the City of Roanoke consented entry into this agreement by
Evelyn Powers, Treasurer, pursuant to Ordinance No. adopted by Roanoke
City Council on December , 2019.
NOW, THEREFORE, THE CITY AND THE CONSULTANT AGREE AS FOLLOWS:
SECTION 1. WORK TO BE PERFORMED AND CONTRACT DOCUMENTS.
For and in consideration of the money hereinafter specified to be paid by the City to the
Consultant for the Work provided for in this Contract to be performed by the Consultant,
the Consultant hereby covenants and agrees with the City to fully perform the services,
provide any 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 a
part of this Contract as if attached hereto or set out in full herein, viz:
1. Insurance Requirements (Exhibit 1).
2. Scope of Work (Exhibit 2).
3. Request for Proposal No. 20- 03 -02, which is incorporated herein by reference.
4. Consultant Response to RFP No. 20 -03 -02 (RFP), dated October 14, 2019, which
is incorporated herein by reference.
The parties agree that if there are any differences between the provisions of the above
referenced documents, the provisions of the City documents and the RFP, this Contract
will control over any Consultant supplied documents or information.
SECTION 2. CONTRACT AMOUNT.
The Parties agree that Consultant's compensation under this Contract shall be limited to
a commission that Consultant shall receive for the delinquent taxes and other charges
actually collected by Consultant on each account referred to Consultant by the City. The
Consultant agrees that the City shall not have to pay Consultant for any costs or expenses
incurred by Consultant in effecting collection of a referred account, or any of Consultant's
commission "out of pocket ", which amounts are included in the Consultant's commission.
The amount of Consultant's commission shall be limited to twenty percent (20 %) of the
monies actually collected by Consultant. Provided however, the parties agree the
following exceptions shall apply:
1. Consultant shall receive no compensation for accounts referred to
Consultant by City where the account is satisfied in full or in part through
the Virginia Set Off Debt Collection Act.
2. Consultant shall not receive any compensation for referred accounts that
are subsequently abated or withdrawn by the City after referral to
Consultant (e.g. where a delinquent amount owed is exonerated by a City
taxing official).
3. The parties agrees that a separate fee may be negotiated by the parties by
a separate instrument in certain instances (e.g. for collection of accounts
referred to Contractor that proceed to litigation or in such other cases as
the parties may mutually agree upon ) other than those accounts for real
estate tax sales pursuant to Section 58.1 -3965 et. Seq., of the Code of
Virginia (1950) as amended, as described in Exhibit 2 to this Contract.
The parties agree that the City retains the right of setoff as to any amounts of money the
Consultant may owe the City. Consultant further acknowledges and agrees that any
request for Consultant to perform Work under this Contract is in the sole discretion of the
City and that there is no guarantee of any minimum amount of Work that may be
requested by the city, that no Work may be requested, and there is no guarantee of a
minimum dollar amount that the Consultant shall receive as compensation under this
Contract.
SECTION 3. TERM OF CONTRACT.
A. The term of this Contract shall be for one (1) year, from January 1, 2020, through
December 31, 2020, at which time it will terminate, unless sooner terminated
N
pursuant to the terms of the Contract or by law or unless extended as set forth
herein at the option of the City.
B. By mutual agreement of the parties, the contract may be renewed for up to four (4)
additional one (1) year periods of any combination thereof. If either party wants to
renew the Contract that party shall give a written request to renew to the other
party at least sixty (60) days before the expiration of the original term or any
renewal term of the Contract. The party receiving such request shall either accept
or reject in writing such request within thirty (30) days of receipt of that request,
provided, however, if the party receiving the request to renew fails to respond
within thirty (30) days, the request to renew shall be deemed to be rejected, unless
the parties mutually agree otherwise.
C. All terms and conditions shall remain in force for the term of this Contract and for
any renewal period unless modified by mutual agreement of both parties. Prices
shall not be increased during the initial term of this Contract.
SECTION 4. TIME OF PERFORMANCE.
A. The Consultant shall commence the Work to be performed under this Contract
upon referral by City of each account to be collected by Consultant, and the
Consultant covenants and agrees to fully perform and complete the Work called
for by this Contract established by such referral. The Consultant further agrees that
the Work shall be started promptly upon receipt of such referral, and shall be
prosecuted regularly, diligently, and uninterruptedly at a rate of progress that will
ensure full completion thereof consistent with the Contract Documents and the
Consultant will cooperate and coordinate with other City employees, as needed.
B. To assure accuracy and date integrity, the parties will immediately begin testing file
transfers, formatting and data exchanges. Each party will provide a primary contact
for the structuring of these files exchanges and they shall communicate regularly
about the implementation of this process.
C. Once the parties are satisfied with the exchange of data, the City will provide
Consultant with a live data file. The Consultant shall load and verify the file within
1 week. The City will provide a revision file or update to ensure that all intermediate
transactions are accounted for and shall authorize Contractor to begin its collection
activity. The Contractor shall, in coordination with the City, begin mailing notices to
the referred accounts.
D. The Consultant shall thereafter report collection activities on a weekly basis (with
an appropriate payment holdover lag to ensure that payments are valid). The
Consultant shall also provide a quarterly overview of the collection portfolio and
the results of its actions.
3
E. Upon referral of an account to the Contractor by City, Consultant will proceed to
effect collection on the account within the specific limitations period provided by
law, provided however, Consultant acknowledges and agrees that the City shall be
entitled to return any referred account from Consultant to the City for collection by
City staff, upon written notice from the City at any time, for any reason.
SECTION 5. PAYMENT.
A. The City and Consultant agree that the City will only receive its compensation for
account balances actually collected, as set forth in Section 2 and this Contract.
B. The City agrees to pay Consultant for the Consultant's complete and satisfactory
performance of the Work, in the manner and at the time set out in this Contract. At
such time when Contractor has effected collection on each referred account, the
parties agree that Contractor shall remit the funds collected to the City, after
deducting Consultant's twenty percent (20 %) commission from the collected funds
to be remitted. Consultant shall also prepare and remit an account statement to
the City, showing the amount collected by Consultant, and the amount deducted
by Consultant as its commission, on each account. The City retains the right to
setoff as to any amounts of money Consultant may owe the City. A written progress
report may be requested by the City to accompany payment request and, if so,
such progress report shall detail the work completed.
C. The services the Consultant may be requested to provide the City are those items
set forth in Exhibit 2 (Scope of Work), which list of services may be amended by
the mutual agreement of the parties in writing. Unless otherwise stated in the
Contract, Consultant's commission shall include all applicable charges, costs and
expenses incurred by Contractor in effecting such collections.
SECTION 6. SALES TAX EXEMPTION
The City is exempt from payment of State Sales and Use Tax on all tangible personal
property purchased or leased for the City's use or consumption. The Virginia Sales and
Use Tax Certificate of Exemption number is 217 - 074292 -9.
SECTION 7. PROFESSIONAL REQUIREMENTS.
Contractor agrees that the services provided under this Contract shall be completed in a
professional manner, with the degree of skill and care that is required by practicing
attorneys licensed to practice law 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.
M
SECTION 8. PAYMENTS TO OTHERS BY CONSULTANT.
The Consultant agrees that Consultant will comply with the requirements of Section 2.2-
4354 of the Virginia Code regarding Consultant's payment to other entities and the
Consultant will take one of the two actions permitted therein within 7 days after receipt of
amounts paid to Consultant by the City. Consultant further agrees that the Consultant
shall indemnify and hold the City harmless for any lawful claims resulting from the failure
of the Consultant to make prompt payments to all persons supplying the Consultant
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 Consultant, 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 9. HOLD HARMLESS AND INDEMNITY.
Consultant shall indemnify and hold harmless the City and its officers, agents, and
employees 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 Consultant's or its employees, agents, or subcontractors actions,
activities, or omissions, negligent or otherwise, on or near City's property 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. Consultant 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. The obligations contained herein
shall survive the termination or expiration of this Contract.
SECTION 10. COMPLIANCE WITH LAWS AND REGULATIONS AND
IMMIGRATION LAW.
Consultant agrees to and will comply with all applicable federal, state, and local laws,
ordinances, and regulations, including, but not limited to all applicable licensing
requirements, environmental regulations, and OSHA regulations. Consultant further
agrees that Consultant does not and shall not during the performance of its Contract;
knowingly employ an unauthorized alien as defined in the Federal Immigration Reform &
Control Act of 1986.
SECTION 11. INDEPENDENTCONTRACTOR.
The relationship between Consultant and the City is a contractual relationship. It is not
intended in any way to create a legal agency or employment relationship. Consultant
shall, at all times, maintain its status as an independent Consultant and both parties
G
acknowledge that neither is an agent, partner or employee of the other for any purpose.
Consultant shall be responsible for causing all required insurance, workers' compensation
(regardless of number of employees) and unemployment insurance to be provided for all
of its employees and subcontractor. Consultant will be responsible for all actions of any
of its subcontractor, and that they are properly licensed.
SECTION 12. REPORTS RECORDS AND AUDIT.
Consultant agrees to maintain all books, records, electronic data, and other documents
relating to this Contract for a period of five (5) years after the end of each fiscal year
included in this Contract. The City, its authorized employees, agents, representatives,
and /or state auditors shall have full access to and the right to request, examine, copy,
and /or audit any such materials during the term of the Contract and such retention
period, upon prior written notice to Consultant. This includes the City's right to audit
and /or examine any of the Consultant's documents and /or data as the City deems
appropriate to protect the City's interests.
SECTION 13. INSURANCE REQUIREMENTS.
Consultant and any of its subcontractors involved in this Contract shall maintain the
insurance coverage's set forth in Exhibit 1 to this Contract and provide the proof of such
insurance coverage as called for in Exhibit 1, including workers' compensation coverage
regardless of the number of Consultant's employees. Such insurance coverage shall be
obtained at the Consultant'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
Consultant 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 14. DEFAULT.
If Consultant fails or refuses to perform any of the terms of this Contract, including poor
services, work or materials, or otherwise defaults on its obligations under this Contract
the City may, by written notice to Consultant, terminate this Contract in whole or in part.
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 Consultant shall be liable for any damages
to the City resulting from Consultant's default. The City further reserves the right to
immediately obtain such work or services from other entities in the event of Consultant's
default.
SECTION 15. NONWAIVER.
Consultant agrees that the City's waiver or failure to enforce or require performance of
any term or condition of this Contract or the City's waiver of any particular breach of this
Contract by the Consultant 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
I
other breaches of the Contract by the Consultant and does not bar the City from requiring
the Consultant to comply with all the terms and conditions of the Contract and does not
bar the City from asserting any and all rights and /or remedies it has or might have against
the Consultant under this Contract or by law.
SECTION 16. FORUM SELECTION AND CHOICE OF LAW.
This Contract shall be governed by, and construed in accordance with, the laws of the
Commonwealth of Virginia, without application of Virginia's conflict of law provisions.
Venue for any litigation, suits, and claims arising from or connected with this Contract
shall only be proper in the Roanoke City Circuit Court, or in the Roanoke City General
District Court if the amount in controversy is within the jurisdictional limit of such court,
and all parties to this Contract voluntarily submit themselves to the jurisdiction and venue
of such courts, regardless of the actual location of such parties. The provisions of this
Contract shall not be construed in favor of or against either party, but shall be construed
according to their fair meaning as if both parties jointly prepared this Contract.
SECTION 17. 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 18. NONDISCRIMINATION.
A. During the performance of this Contract, Consultant agrees as follows:
i. Consultant will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age,
disability, or any other basis prohibited by state law relating to discrimination
in employment, except where there is a bona fide occupational qualification
reasonably necessary to the normal operation of the Consultant. Consultant
agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
ii. Consultant in all solicitations or advertisements for employees placed by or
on behalf of Consultant will state that Consultant 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.
7
B. Consultant 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 19. DRUG -FREE WORKPLACE.
A. During the performance of this Contract, Consultant agrees to (i) provide a drug -free
workplace for Consultant'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
Consultant that Consultant 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
Consultant, 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 20. FAITH BASED ORGANIZATIONS
Pursuant to Virginia Code Section 2.2-4343.1, be advised that the City does not
discriminate against faith -based or
SECTION 21. ASSIGNMENT.
Consultant may not assign or transfer this Contract in whole or in part except 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
Consultant from any of the covenants or undertakings contained in this Contract and the
Consultant shall remain liable for the Contract during the entire term thereof.
SECTION 22. 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 Consultant that the City disputes the amount of
Consultant's request for final payment. However, written notice of the Consultant'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 Consultant. 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 Consultant 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 Consultant's claim. The decision
of the City Manager shall be final and conclusive unless the Consultant 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 Consultant 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 Consultant'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 23. 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 24. 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 25. 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 26. 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 27. NOTICES.
All notices must be given in writing and shall be validly given if sent by certified mail,
return receipt requested, or by a nationally recognized overnight courier, with a receipt,
addressed as follows (or any other address that the party to be notified may have
designated to the sender by like notice):
To City: City of Roanoke
Purchasing Division
Attn: Purchasing Manager
Noel C. Taylor Municipal Building, Room 202
215 Church Avenue, SW
Roanoke, Virginia 24011
Facsimile: (540) 853 -1513
Copy To: Evelyn Powers, Treasurer
City of Roanoke
Treasurer's Office
Noel C. Taylor Municipal Building,
215 Church Avenue, SW
Roanoke, Virginia 24011
Telephone: (540) 853 -2561
Facsimile: (540) 853 -1513
If to Consultant: Penn Credit Corporation
Attn: Thomas Foley, Jr.
2800 Commerce Drive
Harrisburg, PA 17110
Email Address: marketing(o)penncredit com
Phone: 800 - 800 -3328
Room 254
Notices shall be deemed to be effective one day after sending if sent by overnight courier
or three (3) days after sending it by certified mail, return receipt requested.
SECTION 28. PROTECTING PERSONS AND PROPERTY.
The Consultant expressly undertakes both directly and through its subcontractors, to take
every reasonable precaution at all times for the protection of all persons and property at
the location of the Work or in the vicinity of the Work or that may be affected by the
Consultant's operation in connection with the Work. The Consultant will maintain
adequate protection of all Consultant's Work to prevent damage to it and shall protect the
City's property from any injury or loss arising in connection with this Contract and to
protect adjacent property to prevent any damage to it or loss of use and enjoyment by its
owners. Consultant agrees to be responsible for the entire Work and will be liable for all
damages to the Work, including, but not limited to, damages to any property of the City
or to any property in the vicinity or adjacent to the Work. All damage with respect to the
Work caused by vandalism, weather, or any other cause, other than resulting from the
sole negligence of the City shall be the responsibility of the Consultant. Consultant shall
also be responsible for any inventory shortages and discrepancies of any type.
SECTION 29. CONTRACT SUBJECT TO FUNDING.
This Contract is subject to funding and /or appropriations from federal, state, and /or local
governments and /or agencies. If any such funding is not provided, withdrawn, or
otherwise not made available for this Contract, the Consultant agrees that the City may
terminate this Contract on seven (7) days written notice to Consultant, without any penalty
or damages being incurred by the City. Consultant further agrees to comply with any
applicable requirements of any grants and /or agreements providing such funding.
10
SECTION 30. SUSPENSION OR TERMINATION OF CONTRACT BY CITY.
The City, at any time, may order Consultant to immediately stop work on this Contract,
and /or by seven days (7) written notice may terminate this Contract, with or without cause,
in whole or in part, at any time. Upon receipt of such notice, the Consultant shall
immediately discontinue all services affected (unless the notice directs otherwise), and
deliver to the City all data (including electronic data), drawings, specifications, reports,
project deliverables, estimates, summaries, and such other information and materials as
may have been accumulated by the Consultant in performing this Contract whether
completed or in process (unless otherwise directed by the notice).
1. If the termination or stop work order is due to the failure of the Consultant
to fulfill any of its Contract obligations, the City may take over the Work and
prosecute the same to completion by contract or otherwise. In such case,
the Consultant shall be liable to the City for any damages allowed by law,
and upon demand of City shall promptly pay the same to City.
2. Should the Contract be terminated or work is stopped not due in any way to
the fault of the Consultant, the Consultant shall only be entitled to
compensation for services actually performed and materials actually
supplied prior to notice of termination or to stop work and which are
approved by the City and any applicable federal or state approving agency.
No profit, overhead, or any other costs of any type are allowed after the date
of such notice of termination or stop work order.
3. The rights and remedies of the City provided in this Section are in addition
to any other rights and remedies provided by law or under this Contract and
City may pursue any and all such rights and remedies against Consultant
as it deems appropriate.
SECTION 31. 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 32. COMPLIANCE WITH STATE LAW; FOREIGN AND DOMESTIC
BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE
COMMONWEALTH OF VIRGINIA.
Consultant shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as
amended, which provides that a Consultant organized as a stock or nonstock corporation,
limited liability company, business trust, or limited partnership or registered as a
registered limited liability partnership shall be authorized to transact business in the
Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or
11
Title 50 or as otherwise required by law. Consultant shall not allow its existence to lapse
or its certificate of authority or registration to transact business in the Commonwealth, if
so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the
term of the Contract. The City may void the Contract if the Consultant fails to remain in
compliance with the provisions of this section.
SECTION 33. OWNERSHIP OF REPORTS AND DOCUMENTS.
Consultant agrees that all reports and any other documents (including electronic data)
prepared for, obtained in connection with, and /or required to be produced in connection
with this Contract shall be delivered by the Consultant to the City and all such items shall
become the sole property of the City. The Consultant agrees that the City shall own all
rights of any type in and to all such items, including but not limited to copyrights and
trademarks, and the City may reproduce, copy, and use all such items as the City deems
appropriate, without any restriction or limitation on their use and without any cost or
charges to the City from Consultant. Consultant hereby transfers and assigns all such
rights and items to the City. Consultant further agrees Consultant will take any action and
execute any documents necessary to accomplish the provisions of this Section. The
Consultant also warrants that Consultant has good title to all materials, equipment,
documents, and supplies which it uses in the Work or for which it accepts payment in
whole or in part.
SECTION 34. ENTIRE CONTRACT.
This Contract, including any attachments, exhibits, and referenced documents,
constitutes the complete understanding between the parties. This Contract may be
modified only by written agreement properly executed by the parties.
SIGNATURE PAGE TO FOLLOW.
12
IN WITNESS WHEREOF, the parties hereto have signed this Contract by their authorized
representatives.
WITNESS to Consultant Signature: PENN CREDIT CORPORATION
2
Printed Name and Title
(SEAL)
WITNESS to City Signature:
Printed Name and Title
Approved as to form:
City Attorney
Approved
Execution:
City Attorney
Printed Name and Title
EVELYN POWERS, in her capacity as
Treasurer, for the CITY OF ROANOKE,
VIRGINIA, a Virginia municipal
corporation.
By
Evelyn Powers, Roanoke City R
Appropriation and Funds Required
for this Contract Certified:
Director of Finance
Account #
as
Date
to
13
EXHIBIT 1 TO
CONTRACT NO. C20- 1234 -036
BETWEEN CITY OF ROANOKE AND
PENN CREDIT CORPORATION
FOR LEGAL SERVICES RELATED TO DEBT COLLECTION
REFERENCE: RFP NO. 20 -03 -02
INSURANCE REQUIREMENTS
The Consultant shall comply with the insurance requirements set forth in the Contract,
including the items set forth below:
A. Neither the Consultant nor any subcontractor shall commence work under this
Contract until the Consultant has obtained and provided proof of the required
insurance coverages to the City, and such proof has been approved by the City.
The Consultant confirms to the City that all subcontractor have provided
Consultant with proof of such insurance, or will do so prior to commencing any
work under this Contract.
B. Consultant, including all subcontractors, shall, at its and /or their sole expense,
obtain and maintain during the life of this Contract the insurance policies and /or
coverages required by this section. The City and its officers, employees, agents,
assigns, and volunteers shall be added as an additional insured to the general
liability and automobile coverages of any such policies and such insurance
coverages shall be primary and noncontributory to any insurance and /or self
insurance such additional insureds may have. The Consultant shall immediately
notify in writing the City of any changes, modifications, and /or termination of any
insurance coverages and /or policies required by this Contract. The Consultant
shall provide to the City with the signed Contract an Accord certificate of insurance
along with one of the following types of additional insured endorsements:
(1) ISO endorsement CG 20 33 which provides that the insured status of such
entities is automatic if required by a contract or a written agreement
otherwise known as a blanket additional insured endorsement. The
coverage shall extend to the City and its officers, employees, agents,
assigns, and volunteers. (If additional insured status is automatic under a
different coverage form, Consultant must attach a copy of the coverage form
to its certificate. Any required insurance policies shall be effective prior to
the beginning of any work or other performance by Consultant and any
subcontractors under this Contract).
�� -
14
(2) ISO endorsement CG 20 10 will be issued, prior to the beginning of any
work or other performance by Consultant under this Contract, to the City
and its officers, employees, agents, assigns, and volunteers naming them
as an additional insured under the general liability coverage. (A copy of the
binder confirming the issuance must be attached to the certificate. Any
required insurance policies shall be effective prior to the beginning of any
work or other performance by Consultant and any subcontractors under
this Contract).
However, if B (1) or (2) cannot be provided, the City's Risk Manager, in such
Manager's sole discretion, may approve such other certificate of insurance or
insurance document(s) that the Risk Manager deems acceptable. The Certificate
Holder should be addressed as follows: City of Roanoke, Attn: City Manager, 215
Church Ave, Roanoke VA 24011.
C. The minimum insurance policies and /or coverages that shall be provided by the
Consultant, including its subcontractors, include the following:
(1) Commercial General Liability: $1,000,000.00
$1,000,000.00 General Aggregate Limit (other than Products /Completed
Operations).
$1,000,000.00 Products /Completed Operations Aggregate Limit.
$1,000,000.00 Personal Injury Liability (including liability for slander, libel,
and defamation of character).
$1,000,000.00 each occurrence limit
(2) Automobile Liability: $1,000,000.00 combined single limit
(3) 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.
3(A) Errors and Omissions coverage in an amount of not less than $1,000,000
per occurrence and in the aggregate. Coverage may be written on an
occurrence or claims made coverage form. However, if a claims made
15
coverage form is used; coverage must remain in effect for a minimum of 3
years after the Consultant's work is concluded.
(4) The required limits of insurance for this Contract may be achieved by
combining underlying primary coverage with an umbrella liability coverage
to apply in excess of the general and automobile liability policies, provided
that such umbrella liability policy follows the form of the underlying primary
coverage.
(5) Such insurance policies and /or coverages shall provide for coverage
against any and all claims and demands made by a person or persons or
any other entity for property damages or bodily or personal injury (including
death) incurred in connection with the services, work, items, and /or other
matters to be provided under this Contract with respect to the commercial
general liability coverages and the automobile liability coverages. With
respect to the workers' compensation coverage, Consultant's and its
subcontractors' insurance company shall waive rights of subrogation
against the City and its officers, employees, agents, assigns, and
volunteers.
(6) Consultant shall provide such other insurance policies and /or coverages
that may be required by other parts of this Contract. If required by the
Contract, such policies and /or coverages could include, but are not limited
to, Errors and Omissions /Professional Liability, Crime/ Fidelity,
Environmental and /or Pollution, Builder's Risk, Umbrella /Excess.
(7) Should any required insurance coverage be canceled or materially altered
before the expiration term of the contract, it is the responsibility of the
Consultant to notify the City of such within thirty (30) days of the effective
date of the change.
D. Proof of Insurance Coverage:
(1) Consultant shall furnish the City with the above required certificates of
insurance showing the type, amount, effective dates, and date of expiration
of the policies.
(2) Where waiver of subrogation is required with respect to any policy of
insurance required under this Section, such waiver shall be specified
on the certificate of insurance.
E. 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 Contract shall be authorized to do
business in the Commonwealth of Virginia.
16
F. The Consultant's insurance policies and /or coverages shall not contain any
exclusions for the Consultant's subcontractors.
G. The continued maintenance of the insurance policies and coverages required by
the Contract is a continuing obligation, and the lapse and /or termination of any
such policies or coverages without approved replacement policies and /or
coverages being obtained shall be grounds for termination of the Consultant for
default.
H. Nothing contained in the insurance requirements is to be construed as limiting the
liability of the Consultant, and /or its subcontractors , or their insurance carriers.
The City does not in any way represent that the coverages or the limits of insurance
specified are sufficient or adequate to protect the Consultant's interest or liabilities,
but are merely minimums. The obligation of the Consultant, and its subcontractors
, to purchase insurance shall not in any way limit the obligations of the Consultant
in the event that the City or any of those named above should suffer any injury or
loss in excess of the amount actually recoverable through insurance. Furthermore,
there is no requirement or obligation for the City to seek any recovery against the
Consultant's insurance company before seeking recovery directly from the
Consultant.
END
17
EXHIBIT 2 TO
CONTRACT NO. C20- 1234 -036
BETWEEN CITY OF ROANOKE AND
PENN CREDIT CORPORATION
FOR LEGAL SERVICES RELATED TO DEBT COLLECTION
REFERENCE: RFP NO. 20 -03 -02
SCOPE OF WORK
The services, work, and /or items that the Consultant shall provide in a timely and proper
manner in accordance with Consultant's response to referenced RFP and this Contract
include, but are not necessarily limited to, the following:
A. The Treasurer will provide Consultant on a nonexclusive basis, various accounts
for collection, which include, but are not limited to, delinquent amounts owed to the
City for personal property taxes, real estate taxes, trust taxes, parking tickets,
accounts receivables, meals taxes, emergency medical services ( "EMS ") and
business license taxes.
B. The City, at its discretion, reserves the right to refer such accounts to the
Consultant for collection or collect such accounts using City staff, or additional
private collectors employed by the City for this purpose. The City does not
guarantee the Consultant a minimum number of accounts to collect each month.
C. The City, in its sole discretion, reserves the right, at any time, to rescind any
accounts referred to Consultant for collection.
D. Consultant will be granted the necessary authority under applicable law to perform
all acts necessary and available to the Treasurer to effect the collection of the
designated accounts, and will be authorized to receive payments made on the
accounts and to endorse City's name on any checks or other negotiable
instruments that may be received in payment on the accounts in accordance with
applicable law.
E. Upon referral to the Consultant, collection efforts should include written
correspondence to the debtor, negotiating of payment arrangements, if
appropriate, considering the age and amount of the debt, and litigation of accounts
to secure judgments. Consultant shall comply with the Fair Debt Collection
Practices Act, 15 U.S.C. Section 1692 et seq., as amended, when applicable, the
Code of Virginia and the City of Roanoke, City Charter. Dollar limits on litigated
accounts will be established during negotiations with Consultant. As a Consultant
for the City of Roanoke's Treasurer's Office, Consultant shall be bound by the
confidentiality restrictions of Title 58.1 -3 of the Code of Virginia and Virginia State
Bar Rules of Professional Conduct, if applicable.
IN
F. Collection fees will be calculated only on the dollar amount collected and will be
charged to the debtor by Consultant as outlined in Title 58.1 -3958 of the Code of
Virginia. Funds collected, excluding the collection fee, should be remitted no less
than monthly to the Treasurer of the City of Roanoke, by way of a FTP secured
file.
G. Consultant shall provide, no less than monthly, reporting that indicate individual
account activity, including:
1. The amount referred from the City Treasurer's Office for collection,
2. Subsequent activity,
3. Court and other collection cost incurred,
4. Collection fee,
5. Remaining account balance and
6. Remittance to the City Treasurer.
7. Documented collection action that reflects, on the report, all judgment
activity reported to the Treasurer along with copies of judgment abstracts.
H. Reimbursement of court costs for accounts that proceed to litigation, and exception
cases where a collection fee will not be due to Consultant will be negotiated by the
City and Consultant on a case by case basis.
I. Automated account referrals are preferred where transfer of account information
for the Office of the Treasurer to the Consultant are performed electronically
through a secure FTP or other secured means.
J. The City of Roanoke retains the right to withdraw an account at any time. Accounts
uncollected and with no legal action pending after a period of six months from the
referral date, should be returned to the Office of the Treasurer, if so requested.
K. Consultant shall implement and adhere to all available and necessary policies,
procedures and systems to ensure City account information is secure, including,
but not limited to, security policies, privacy policies, control over exporting sensitive
data, standard operating procedures, personnel clearance, background checks of
employees that handle such data, access controls, safeguards and precautions to
ensure the business solution /system(s) meets all related federal laws, regulations,
policies, guidelines, and standards (i.e., HIPPA, PCI, etc.).
L. Consultant shall provide regular updates (verbal and written) regarding the status
of accounts referred to Consultant for collection.
M. Consultant shall conduct the required services in a manner that upholds the
integrity of the Treasurer, City Attorney's Office and the City of Roanoke.
N. Consultant understands and acknowledges that in representing the City it will be
privy to confidential information concerning taxpayers, heir tax obligations, and
19
their property. Consultant shall not use any information so provided other than for
the purposes of this Contract and shall be bound to keep such information
confidential pursuant to the terms of Virginia Code §58.1 -3 and in keeping with
the nature of the attorney - client relationship under this Contract.
O. Consultant will not settle any account for less than the full amount owed unless
directed in writing by City.
20
CITY OF ROANOKE, VIRGINIA
CONTRACT BETWEEN CITY OF ROANOKE AND
TAXING AUTHORITY CONSULTING SERVICES, P.C.
FOR LEGAL SERVICES RELATED TO DEBT COLLECTION SERVICES
This Contract No. C20- 1234 -035 (Contract) is dated January 1, 2020, pursuant to Section
58.1- 3919.1, between Evelyn Powers, in her capacity as Treasurer for the City of
Roanoke, Virginia, a Virginia municipal corporation, (the Treasurer and the City of
Roanoke are collectively hereinafter referred to as the "City" or "Owner"), and Taxing
Authority Consulting Services, P.C., hereinafter referred to as the "Consultant," a Virginia
professional corporation.
WITNESSETH:
WHEREAS, Consultant has been awarded this nonexclusive Contract by the City for
furnishing all equipment, materials, goods, labor, and services necessary for legal
services related to debt collection for various tax and non -tax debt, and associated work
in accordance with this Contract and the documents referred to herein, all such items or
services also being referred to hereinafter as the Work or Project.
NOW, THEREFORE, THE CITY AND THE CONSULTANT AGREE AS FOLLOWS:
SECTION 1. WORK TO BE PERFORMED AND CONTRACT DOCUMENTS.
For and in consideration of the money hereinafter specified to be paid by the City to the
Consultant for the Work provided for in this Contract to be performed by the Consultant,
the Consultant hereby covenants and agrees with the City to fully perform the services,
provide any 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 a
part of this Contract as if attached hereto or set out in full herein, viz:
1. Insurance Requirements (Exhibit 1).
2. Scope of Work (Exhibit 2).
3. Request for Proposal No. 20 -03 -02 (RFP), which is incorporated herein by
reference.
4. Consultant Response to RFP No. 20- 03 -02, dated October 14, 2019, which is
incorporated herein by reference.
The parties agree that if there are any differences between the provisions of the above
referenced documents, the provisions of the City documents, the RFP, and this Contract
will control over any Consultant supplied documents or information.
SECTION 2. CONTRACT AMOUNT.
The Parties agree that Consultant's compensation under this Contract shall be limited to
a commission that Consultant shall receive for the delinquent taxes and other charges
actually collected by Consultant on each account referred to Consultant by the City,
except where otherwise expressly stated herein, in the event. Unless so stated, the
Consultant agrees that the City shall not have to pay Consultant for any costs or expenses
incurred by Consultant in effecting collection of a referred account, or any of Consultant's
commission "out of pocket ", which amounts are included in the Consultant's commission.
The amount of Consultant's commission shall be limited to twenty percent (20 %) of the
monies actually collected by Consultant. Provided however, the parties agree the
following exceptions shall apply:
1. Consultant shall receive no compensation for accounts referred to Consultant by
City where the account is satisfied in full or in part through the Virginia Set Off
Debt Collection Act.
2. Consultant shall not receive any compensation for referred accounts that are
subsequently abated or withdrawn by the City after referral to Consultant (e.g.
where a delinquent amount owed is exonerated by a City taxing official).
3. The parties agrees that a separate fee may be negotiated by the parties by a
separate instrument in certain instances (e.g. for collection of accounts referred
to Contractor that proceed to litigation or in such other cases as the parties may
mutually agree upon) other than those accounts for real estate tax sales pursuant
to Section 58.1 -3965 et eq., of the Code of Virginia (1950) as amended, as
described in Exhibit 2 to this Contract.
The parties agree that the City retains the right of setoff as to any amounts of money the
Consultant may owe the City. Consultant further acknowledges and agrees that any
request for Consultant to perform Work under this Contract is in the sole discretion of the
City and that there is no guarantee of any minimum amount of Work that may be
requested by the city, that no Work may be requested, and there is no guarantee of a
minimum dollar amount that the Consultant shall receive as compensation under this
Contract.
SECTION 3. TERM OF CONTRACT.
A. The term of this Contract shall be for one (1) year, from January 1, 2020, through
December 31, 2020, at which time it will terminate, unless sooner terminated
pursuant to the terms of the Contract or by law or unless extended as set forth
herein at the option of the City.
B. By mutual agreement of the parties, the contract may be renewed for up to four (4)
additional one (1) year periods of any combination thereof. If either party wants to
E
renew the Contract that party shall give a written request to renew to the other
party at least sixty (60) days before the expiration of the original term or any
renewal term of the Contract. The party receiving such request shall either accept
or reject in writing such request within thirty (30) days of receipt of that request,
provided, however, if the party receiving the request to renew fails to respond
within thirty (30) days, the request to renew shall be deemed to be rejected, unless
the parties mutually agree otherwise.
C. All terms and conditions shall remain in force for the term of this Contract and for
any renewal period unless modified by mutual agreement of both parties. Prices
shall not be increased during the initial term of this Contract.
SECTION 4. TIME OF PERFORMANCE.
A. The Consultant shall commence the Work to be performed under this Contract
upon referral by City of each account to be collected by Consultant, and the
Consultant covenants and agrees to fully perform and complete the Work called
for by this Contract established by such referral. The Consultant further agrees that
the Work shall be started promptly upon receipt of such referral, and shall be
prosecuted regularly, diligently, and uninterruptedly at a rate of progress that will
ensure full completion thereof consistent with the Contract Documents and the
Consultant will cooperate and coordinate with other City employees, as needed.
B. To assure accuracy and date integrity, the parties will immediately begin'testing file
transfers, formatting and data exchanges. Each party will provide a primary contact
for the structuring of these files exchanges and they shall communicate regularly
about the implementation of this process.
C. Once the parties are satisfied with the exchange of data, the City will provide
Consultant with a live data file. The Consultant shall load and verify the file within
1 week. The City will provide a revision file or update to ensure that all intermediate
transactions are accounted for and shall authorize Contractor to begin its collection
activity. The Contractor shall, in coordination with the City, begin mailing notices to
the referred accounts.
D. The Consultant shall thereafter report collection activities on a weekly basis (with
an appropriate payment holdover lag to ensure that payments are valid). The
Consultant shall also provide a quarterly overview of the collection portfolio and
the results of its actions.
E. Upon referral of an account to the Contractor by City, Consultant will proceed to
effect collection on the account within the specific limitations period provided by
law, provided however, Consultant acknowledges and agrees that the City shall be
entitled to return any referred account from Contractor to the City for collection by
City staff, upon written demand of the City at any time for any reason.
3
SECTION 5. PAYMENT.
A. The City and Consultant agree that the City will only receive its compensation for
account balances actually collected, as further set forth in Section 2 above, and in
Exhibit 2 of this Contract.
B. The City agrees to pay Consultant for the Consultant's complete and satisfactory
performance of the Work, in the manner and at the time set out in this Contract. At
such time when Contractor has effected collection on each referred account, the
parties agree that Contractor shall remit the funds collected to the City, after
deducting Consultant's twenty percent (20 %) commission from the collected funds
to be remitted. Consultant shall also prepare and remit an account statement to
the City, showing the amount collected by Consultant, and the amount deducted
by Consultant as its commission, on each account. The City retains the right to
setoff as to any amounts of money Consultant may owe the City. A written progress
report may be requested by the City to accompany payment request and, if so,
such progress report shall detail the work completed.
C. The services the Consultant may be requested to provide the City are those items
set forth in Exhibit 2 (Scope of Work), which list of services may be amended by
the mutual agreement of the parties in writing. Unless otherwise stated in the
Contract, Consultant's commission shall include all applicable charges, costs and
expenses incurred by Contractor in effecting such collections.
SECTION 6. SALES TAX EXEMPTION
The City is exempt from payment of State Sales and Use Tax on all tangible personal
property purchased or leased for the City's use or consumption. The Virginia Sales and
Use Tax Certificate of Exemption number is 217 - 074292 -9.
SECTION 7. PROFESSIONAL REQUIREMENTS
Contractor agrees that the services provided under this Contract shall be completed in a
professional manner, with the degree of skill and care that is required by practicing
attorneys licensed to practice law 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.
SECTION 8. PAYMENTS TO OTHERS BY CONSULTANT.
The Consultant agrees that Consultant will comply with the requirements of Section 2.2-
4354 of the Virginia Code regarding Consultant's payment to other entities and the
Consultant will take one of the two actions permitted therein within 7 days after receipt of
amounts paid to Consultant by the City. Consultant further agrees that the Consultant
n
u
shall indemnify and hold the City harmless for any lawful claims resulting from the failure
of the Consultant to make prompt payments to all persons supplying the Consultant
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 Consultant, 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 9. HOLD HARMLESS AND INDEMNITY.
Consultant shall indemnify and hold harmless the City and its officers, agents, and
employees 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 Consultant's or its employees, agents, or its subcontractors actions,
activities, or omissions, negligent or otherwise, on or near City's property 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. Consultant 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. The obligations contained herein
shall survive the termination or expiration of this Contract.
SECTION 10 COMPLIANCE WITH LAWS AND REGULATIONS, AND
IMMIGRATION LAW.
Consultant agrees to and will comply with all applicable federal, state, and local laws,
ordinances, and regulations, including, but not limited to all applicable licensing
requirements, environmental regulations, and OSHA regulations. Consultant further
agrees that Consultant does not and shall not during the performance of its Contract;
knowingly employ an unauthorized alien as defined in the Federal Immigration Reform &
Control Act of 1986.
SECTION 11. INDEPENDENT CONTRACTOR.
The relationship between Consultant and the City is a contractual relationship. It is not
intended in any way to create a legal agency or employment relationship. Consultant
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.
Consultant shall be responsible for causing all required insurance, workers' compensation
(regardless of number of employees) and unemployment insurance to be provided for all
of its employees and subcontractors. Consultant will be responsible for all actions of any
of its subcontractors, and that they are properly licensed.
5
SECTION 12. REPORTS RECORDS, AND AUDIT.
Consultant agrees to maintain all books, records, electronic data, and other documents
relating to this Contract for a period of five (5) years after the end of each fiscal year
included in this Contract. The City, its authorized employees, agents, representatives,
and /or state auditors shall have full access to and the right to request, examine, copy,
and /or audit any such materials during the term of the Contract and such retention
period, upon prior written notice to Consultant. This includes the City's right to audit
and /or examine any of the Consultant's documents and /or data as the City deems
appropriate to protect the City's interests.
SECTION 13. INSURANCE REQUIREMENTS.
Consultant and any of its subcontractors involved in this Contract shall maintain the
insurance coverage's set forth in Exhibit 1 to this Contract and provide the proof of such
insurance coverage as called for in Exhibit 1, including workers' compensation coverage
regardless of the number of Consultant's employees. Such insurance coverage shall be
obtained at the Consultant'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
Consultant 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 14. DEFAULT.
If Consultant fails or refuses to perform any of the terms of this Contract, including poor
services, work or materials, or otherwise defaults on its obligations under this Contract,
the City may, by written notice to Consultant, terminate this Contract in whole or in part.
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 Consultant shall be liable for any damages
to the City resulting from Consultant's default. The City further reserves the right to
immediately obtain such work or services from other entities in the event of Consultant's
default.
SECTION 15. NONWAIVER.
Consultant agrees that the City's waiver or failure to enforce or require performance of
any term or condition of this Contract or the City's waiver of any particular breach of this
Contract by the Consultant 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 the Contract by the Consultant and does not bar the City from requiring
the Consultant to comply with all the terms and conditions of the Contract and does not
bar the City from asserting any and all rights and /or remedies it has or might have against
the Consultant under this Contract or by law.
ON
SECTION 16. FORUM SELECTION AND CHOICE OF LAW.
This Contract shall be governed by, and construed in accordance with, the laws of the
Commonwealth of Virginia, without application of Virginia's conflict of law provisions.
Venue for any litigation, suits, and claims arising from or connected with this Contract
shall only be proper in the Roanoke City Circuit Court, or in the Roanoke City General
District Court if the amount in controversy is within the jurisdictional limit of such court,
and all parties to this Contract voluntarily submit themselves to the jurisdiction and venue
of such courts, regardless of the actual location of such parties. The provisions of this
Contract shall not be construed in favor of or against either party, but shall be construed
according to their fair meaning as if both parties jointly prepared this Contract.
SECTION 17. 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 18. NONDISCRIMINATION.
A. During the performance of this Contract, Consultant agrees as follows:
Consultant will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age,
disability, or any other basis prohibited by state law relating to discrimination
in employment, except where there is a bona fide occupational qualification
reasonably necessary to the normal operation of the Consultant. Consultant
agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
ii. Consultant in all solicitations or advertisements for employees placed by or
on behalf of Consultant will state that Consultant 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. Consultant 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 19. DRUG -FREE WORKPLACE.
A. During the performance of this Contract, Consultant agrees to (i) provide a drug -free
workplace for Consultant's employees; (ii) post in conspicuous places, available to
7
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
Consultant that Consultant 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
Consultant, 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 20. FAITH BASED ORGANIZATIONS
Pursuant to Virginia Code Section 2.2-4343.1, be advised that the City does not
discriminate against faith -based organizations
SECTION 21. ASSIGNMENT.
Consultant may not assign or transfer this Contract in whole or in part except 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
Consultant from any of the covenants or undertakings contained in this Contract and the
Consultant shall remain liable for the Contract during the entire term thereof.
SECTION 22. 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 Consultant that the City disputes the amount of
Consultant's request for final payment. However, written notice of the Consultant'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 Consultant. 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 Consultant 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 Consultant's claim. The decision
of the City Manager shall be final and conclusive unless the Consultant 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 Consultant 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 Consultant'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 23. 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 24. 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 25. 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 26. 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 27. NOTICES.
All notices must be given in writing and shall be validly given if sent by certified mail,
return receipt requested, or by a nationally recognized overnight courier, with a receipt,
addressed as follows (or any other address that the party to be notified may have
designated to the sender by like notice):
To City: Purchasing Division
Noel C. Taylor Municipal Building, Room 202
215 Church Avenue, SW
Roanoke, VA 24011
Telephone 540 - 853 -2871
Email purchasing .contracts(ab-roanokeva.gov
Copy To: Evelyn Powers, Treasurer
City of Roanoke
Treasurer's Office
9
Noel C. Taylor Municipal Building, Room 254
215 Church Avenue, SW
Roanoke, Virginia 24011
Telephone: (540) 853 -2561
Facsimile: (540) 853 -1513
If to Consultant: Taxing Authority Consulting Services, P.C.
Attn: John Rife
8919 Three Chopt Rd
PO Box 31800
Henrico, VA 23294
Email Address: 0ohn(a-)-taxva.com
Phone: 804 - 545 -2379
Notices shall be deemed to be effective one day after sending if sent by overnight courier
or three (3) days after sending it by certified mail, return receipt requested.
SECTION 28. CONTRACT SUBJECT TO FUNDING.
This Contract is subject to funding and /or appropriations from federal, state, and /or local
governments and /or agencies. If any such funding is not provided, withdrawn, or
otherwise not made available for this Contract, the Consultant agrees that the City may
terminate this Contract on seven (7) days written notice to Consultant, without any penalty
or damages being incurred by the City. Consultant further agrees to comply with any
applicable requirements of any grants and /or agreements providing such funding.
SECTION 29. SUSPENSION OR TERMINATION OF CONTRACT BY CITY.
The City, at any time, may order Consultant to immediately stop work on this Contract,
and /or by seven days (7) written notice may terminate this Contract, with or without cause,
in whole or in part, at any time. Upon receipt of such notice, the Consultant shall
immediately discontinue all services affected (unless the notice directs otherwise), and
deliver to the City all data (including electronic data), drawings, specifications, reports,
project deliverables, estimates, summaries, and such other information and materials as
may have been accumulated by the Consultant in performing this Contract whether
completed or in process (unless otherwise directed by the notice).
If the termination or stop work order is due to the failure of the Consultant
to fulfill any of its Contract obligations, the City may take over the Work and
prosecute the same to completion by contract or otherwise. In such case,
the Consultant shall be liable to the City for any damages allowed by law,
and upon demand of City shall promptly pay the same to City.
2. Should the Contract be terminated or work is stopped not due in any way to
the fault of the Consultant, the Consultant shall only be entitled to
10
compensation for services actually performed and materials actually
supplied prior to notice of termination or to stop work and which are
approved by the City and any applicable federal or state approving agency.
No profit, overhead, or any other costs of any type are allowed after the date
of such notice of termination or stop work order.
3. The rights and remedies of the City provided in this Section are in addition
to any other rights and remedies provided by law or under this Contract and
City may pursue any and all such rights and remedies against Consultant
as it deems appropriate.
SECTION 30. ETHICS IN PUBLIC CONTRACTING.
The provisions, requirements, and prohibitions as contained in Sections 2.2 -4367
through 2.2 -4 377, of the Va. Code, pertaining to bidders, offerors, Consultants, and
subcontractors are applicable to this Contract.
SECTION 31 COMPLIANCE WITH STATE LAW; FOREIGN AND DOMESTIC
BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE
COMMONWEALTH OF VIRGINIA.
Consultant shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as
amended, which provides that a Consultant organized as a stock or nonstock corporation,
limited liability company, business trust, or limited partnership or registered as a
registered limited liability partnership shall be authorized to transact business in the
Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or
Title 50 or as otherwise required by law. Consultant shall not allow its existence to lapse
or its certificate of authority or registration to transact business in the Commonwealth, if
so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the
term of the Contract. The City may void the Contract if the Consultant fails to remain in
compliance with the provisions of this section.
SECTION 32. OWNERSHIP OF REPORTS AND DOCUMENTS.
Consultant agrees that all reports and any other documents (including electronic data)
prepared for, obtained in connection with, and /or required to be produced in connection
with this Contract shall be delivered by the Consultant to the City and all such items shall
become the sole property of the City. The Consultant agrees that the City shall own all
rights of any type in and to all such items, including but not limited to copyrights and
trademarks, and the City may reproduce, copy, and use all such items as the City deems
appropriate, without any restriction or limitation on their use and without any cost or
charges to the City from Consultant. Consultant hereby transfers and assigns all such
rights and items to the City. Consultant further agrees Consultant will take any action and
execute any documents necessary to accomplish the provisions of this Section. The
Consultant also warrants that Consultant has good title to all materials, equipment,
11
documents, and supplies which it uses in the Work or for which it accepts payment in
whole or in part.
SECTION 33. ENTIRE CONTRACT.
This Contract, including any attachments, exhibits, and referenced documents,
constitutes the complete understanding between the parties. This Contract may be
modified only by written agreement properly executed by the parties.
SIGNATURE PAGE TO FOLLOW.
12
IN WITNESS WHEREOF, the parties hereto have signed this Contract by their authorized
representatives.
WITNESS:
Printed Name and Title
(SEAL)
WITNESS City Signature:
Printed Name and Title
Approved as to form:
City Attorney
Approved as to Execution
City Attorney
TAXING AUTHORITY CONSULTING SERVICES, P.C.
Printed Name and Title
EVELYN POWERS, in her capacity as
Treasurer, for the CITY OF ROANOKE,
VIRGINIA, a municipal corporation
(SEAL)
Evelyn Powers, Treasurer
Printed Name and Title
Appropriation and Funds Required
for this Contract Certified:
Director of Finance
Account #
Date:
13
EXHIBIT 1 TO
CONTRACT NO. C20- 1234 -035
BETWEEN CITY OF ROANOKE AND
TAXING AUTHORITY CONSULTING SERVICES, P.C.
FOR LEGAL SERVICES RELATED TO DEBT COLLECTION
REFERENCE: RFP NO. 20 -03 -02
INSURANCE REQUIREMENTS
The Consultant shall comply with the insurance requirements set forth in the Contract,
including the items set forth below:
A. Neither the Consultant nor any subcontractor shall commence work under this
Contract until the Consultant has obtained and provided proof of the required
insurance coverages to the City, and such proof has been approved by the City.
The Consultant confirms to the City that all subcontractor have provided
Consultant with proof of such insurance, or will do so prior to commencing any
work under this Contract.
B. Consultant, including all subcontractor, shall, at its and /or their sole expense,
obtain and maintain during the life of this Contract the insurance policies and /or
coverages required by this section. The City and its officers, employees, agents,
assigns, and volunteers shall be added as an additional insured to the general
liability and automobile coverages of any such policies and such insurance
coverages shall be primary and noncontributory to any insurance and /or self -
insurance such additional insureds may have. The Consultant shall immediately
notify in writing the City of any changes, modifications, and /or termination of any
insurance coverages and /or policies required by this Contract. The Consultant
shall provide to the City with the signed Contract an Accord certificate of insurance
along with one of the following types of additional insured endorsements:
(1) ISO endorsement CG 20 33 which provides that the insured status of such
entities is automatic if required by a contract or a written agreement
otherwise known as a blanket additional insured endorsement. The
coverage shall extend to the City and its officers, employees, agents,
assigns, and volunteers. (If additional insured status is automatic under a
different coverage form, Consultant must attach a copy of the coverage form
to its certificate. Any required insurance policies shall be effective prior to
the beginning of any work or other performance by Consultant and any
subcontractors under this Contract).
M
14
(2) ISO endorsement CG 20 10 will be issued, prior to the beginning of any
work or other performance by Consultant under this Contract, to the City
and its officers, employees, agents, assigns, and volunteers naming them
as an additional insured under the general liability coverage. (A copy of the
binder confirming the issuance must be attached to the certificate. Any
required insurance policies shall be effective prior to the beginning of any
work or other performance by Consultant and any subcontractors under
this Contract).
However, if B (1) or (2) cannot be provided, the City's Risk Manager, in such
Manager's sole discretion, may approve such other certificate of insurance or
insurance document(s) that the Risk Manager deems acceptable. The Certificate
Holder should be addressed as follows: City of Roanoke, Attn: City Manager, 215
Church Ave, Roanoke VA 24011.
C. The minimum insurance policies and /or coverages that shall be provided by the
Consultant, including its subcontractor, include the following:
(1) Commercial General Liability: $1,000,000.00
$1,000,000.00 General Aggregate Limit (other than Products /Completed
Operations).
$1,000,000.00 Products /Completed Operations Aggregate Limit.
$1,000,000.00 Personal Injury Liability (including liability for slander, libel,
and defamation of character).
$1,000,000.00 each occurrence limit
(2) Automobile Liability: $1,000,000.00 combined single limit
(3) 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.
3(A) Professional Liability /Errors and Omissions coverage in an amount of not
less than $1,000,000 per occurrence and in the aggregate. Coverage may
be written on an occurrence or claims made coverage form. However, if a
15
claims made coverage form is used; coverage must remain in effect for a
minimum of 3 years after the Consultant's work is concluded.
Cyber Liability - $5,000,000.
(4) The required limits of insurance for this Contract may be achieved by
combining underlying primary coverage with an umbrella liability coverage
to apply in excess of the general and automobile liability policies, provided
that such umbrella liability policy follows the form of the underlying primary
coverage.
(5) Such insurance policies and /or coverages shall provide for coverage
against any and all claims and demands made by a person or persons or
any other entity for property damages or bodily or personal injury (including
death) incurred in connection with the services, work, items, and /or other
matters to be provided under this Contract with respect to the commercial
general liability coverages and the automobile liability coverages. With
respect to the workers' compensation coverage, Consultant's and its
subcontractors" insurance company shall waive rights of subrogation
against the City and its officers, employees, agents, assigns, and
volunteers.
(6) Should any required insurance coverage be canceled or materially altered
before the expiration term of the contract, it is the responsibility of the
Consultant to notify the City of such within thirty (30) days of the effective
date of the change.
D. Proof of Insurance Coverage:
(1) Consultant shall furnish the City with the above required certificates of
insurance showing the type, amount, effective dates, and date of expiration
of the policies.
(2) Where waiver of subrogation is required with respect to any policy of
insurance required under this Section, such waiver shall be specified
on the certificate of insurance.
E. 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 Contract shall be authorized to do
business in the Commonwealth of Virginia.
F. The Consultant's insurance policies and /or coverages shall not contain any
exclusions for the Consultant's subcontractors.
16
G. The continued maintenance of the insurance policies and coverages required by
the Contract is a continuing obligation, and the lapse and /or termination of any
such policies or coverages without approved replacement policies and /or
coverages being obtained shall be grounds for termination of the Consultant for
default.
H. Nothing contained in the insurance requirements is to be construed as limiting the
liability of the Consultant, and /or its subcontractors, or their insurance carriers. The
City does not in any way represent that the coverages or the limits of insurance
specified are sufficient or adequate to protect the Consultant's interest or liabilities,
but are merely minimums. The obligation of the Consultant, and its subcontractors,
to purchase insurance shall not in any way limit the obligations of the Consultant
in the event that the City or any of those named above should suffer any injury or
loss in excess of the amount actually recoverable through insurance. Furthermore,
there is no requirement or obligation for the City to seek any recovery against the
Consultant's insurance company before seeking recovery directly from the
Consultant.
END
17
EXHIBIT 2 TO
CONTRACT NO. C20- 1234 -035
BETWEEN CITY OF ROANOKE AND
TAXING AUTHORITY CONSULTING SERVICES, P.C.
FOR LEGAL SERVICES RELATED TO DEBT COLLECTION
REFERENCE: RFP NO. 20 -03 -02
SCOPE OF WORK
The services, work, and /or items that the Consultant shall provide in a timely and proper
manner in accordance with Consultant's response to the RFP, and this Contract include,
but are not necessarily limited to, the following:
REFERRAL OF ACCOUNTS/ POWERS TO COLLECT
A. The City will provide Consultant on a nonexclusive basis, after the accounts have
been at least three months delinquent, various accounts for collection, which
include, but are not limited to, delinquent amounts owed to the City for personal
property taxes, real estate taxes, trust taxes, parking tickets, accounts receivables,
meals taxes, emergency medical services ( "EMS ") and business license taxes.
B. The City, at its sole discretion, reserves the right to refer such accounts to the
Consultant for collection, or collect such accounts using City staff or additional
private collectors whom City may employ. The City does not guarantee the
Consultant a minimum number of accounts to collect each month.
C. The City, in its sole discretion, reserves the right, at any time, to rescind any
accounts referred to Consultant for collection.
D. Taxes and other debts will initially be attempted to be collected by City staff, with
the exception of EMS accounts which are collected by a third party vendor.
Pursuant to state law, all such accounts, with the exception of EMS accounts, may
be designated and referred to Consultant for collection once they are at least 90
days delinquent. EMS accounts shall not be referred to Consultant for at least 180
days.
E. Consultant will be granted the necessary authority under applicable law to (1)
perform all acts necessary and available to the Treasurer to effect the collection of
the designated accounts, (2) receive payments made on the accounts (3) to
endorse City's name on any checks or other negotiable instruments that may be
received in payment on the accounts in accordance with applicable law, (4)
negotiate settlement agreement under general terms and conditions agreed to by
City and Consultants, (5) initiate litigation, including and not limited to, real estate
IN
tax sales, provided, however, any and all litigation must first be approved by the
City Treasurer and the Roanoke City Attorney prior to being commenced.
F. Upon referral to the Consultant, collection efforts should include written
correspondence to the debtor, negotiating of payment arrangements, if
appropriate, considering the age and amount of the debt, and litigation of accounts
to secure judgments. Consultant shall comply with the Fair Debt Collection
Practices Act, 15 U.S.C. Section 1692 et seq., as amended, when applicable, the
Code of Virginia and the City of Roanoke, City Charter. Dollar limits on litigated
accounts will be established during negotiations with Consultant. As a Consultant
for the City of Roanoke's Treasurer's Office, Consultant shall be bound by the
confidentiality restrictions of Title 58.1 -3 of the Code of Virginia and Virginia State
Bar Rules of Professional Conduct, if applicable.
COLLECTION FEES
A. Collection fees will be calculated only on the dollar amount collected and
will be charged to the debtor by Consultant as outlined in Title 58.1 -3958 of the
Code of Virginia. Funds collected, excluding the collection fee, should be remitted
no less than monthly to the Treasurer of the City of Roanoke, by way of a FTP
secured file. Consultant's commission shall be twenty percent (20 %) of the dollar
amount collected per account.
B. In the event Consultant pursues litigation, including and not limited to,
litigation for real estate tax sales, Consultant's fees shall be as follows:
25% of the referred account balances it collects subsequent to filing suit; or
2. With respect to tax sales only, If appointed by the Circuit Court as Special
Commissioner of Sale, the fee shall be the greater of 25% of all amounts due or
the commission allowed to the Commissioner of Sale pursuant to Virginia Code
§8.01 -109 as amended (5% of the first $100,000 of the sale price of the property
and 2% of the amount in excess of $100,000).
3. It is agreed that Consultant shall invoice and receive reimbursement for
reasonable costs advanced in litigation proceedings, or from fees charged the
taxpayer in litigation proceedings pursuant to Section 58.1 -3965, Code of Virginia.
With respect to tax sale proceedings, such costs shall be reimbursed from the
proceeds of the sale, after such disbursements have been approved by the Circuit
Court. In the event such proceeds are insufficient to pay such costs advanced,
Consultant may only then invoice City for the remainder.
19
4. Consultant agrees that it will not initiate litigation proceedings, including and
not limited to, tax sale proceedings, on any referred account, without first obtaining
the City Treasurer and City Attorney's written approval.
III. INFORMATION AND DATA FROM CITY
Upon referral of the accounts to Consultant, the City will provide Consultant
with information necessary for Consultant to perform the services it is providing
under this Contract. The City represents and warrants to Consultant that:
The account information provided Consultant, and the account balances are
accurate and complete as of the time of such submission, the City has not
received notification that any of the account debtors are in bankruptcy, and
the City will immediately notify Consultant if it receives notification of a
bankruptcy filing by any of the account debtors.
2. All add -on charges such as interest, late fees, and collection fees are justly
due and owing and authorized by applicable law, by contract, or both.
3. Any previous collection agency engaged for the collection of the accounts
has been instructed to cease and desist contact with the account debtor.
The City shall promptly notify Consultant of any adjustments or corrections
made to the amount due. Upon notification by Consultant of a dispute or
request for verification of information with respect to any account, the City will
promptly furnish Consultant such information.
The City shall exercise reasonable efforts to forward all payments on accounts
referred for collection to Consultant for proper payment application and remittance
according to the schedule developed between the City and Consultant. In the event
that payments are made direct and not forwarded to Consultant, the City shall track
and report payments made by debtors directly to City on a timely basis that the
City deposits in its bank. These payments will show in a remittance statement as
payments made directly to the City and the Consultant fee will be charged, or will
be reported as otherwise agreed. The City may also choose to forward any
payments received from the debtor to Consultant for deposit and posting.
Automated account referrals are preferred where transfer of account information
for the Office of the Treasurer to the Consultant are performed electronically
through a secure FTP or other secured means.
The City of Roanoke retains the right to withdraw an account at any time. Accounts
uncollected and with no legal action pending after a period of six months from the
referral date, should be returned to the Office of the Treasurer, if so requested.
20
IV. CONSULTANT'S RESPONSIBILITIES AND DUTIES
A. Consultant shall use its best efforts, and any and all legal means available to
locate and engage debtors to pay the entire amount of their outstanding
accounts owed to the City. Such collection tools, subject to the approval of the
City or used in conjunction with the City, may include the following: delinquent
notices, telephone calls, issuing liens against property held by third parties (e.g.
employers, banks, rents, receivables, clients, customers), distress, booting or
towing, summons, court suits, advertising, DMV stops, Setoff Debt, permit
withholding, or field visits.
Consultant will not settle any account for less than the full amount owed unless
directed in writing by City.
B. Consultant understands and acknowledges that in representing the City it will
be privy to confidential information concerning taxpayers, their tax obligations,
and their property. Consultant shall not use any information so provided other
than for the purposes of this Contract, and shall be bound to keep such
information confidential pursuant to the terms of Virginia Code §58.1 -3 (1950)
as amended, and in keeping with the nature of the attorney - client relationship
under this Contract.
C. Consultant shall accept electronic account referrals from the City through
secure transfer. Accounts sent electronically will be in a mutually acceptable
format by tape, diskette, or via e-mail. Consultant shall insure that its collection
system for processing accounts and its reports are computable with the City's
method of account referral and necessary accounting.
Consultant shall prepare a regular remittance report no less than monthly at no
additional cost to the City, that indicate individual account activity, including:
1. The amount referred from the City Treasurer's Office for collection,
2. Subsequent activity,
3. Court and other collection cost incurred,
4. Collection fee,
5. Remaining account balance and
6. Remittance to the City Treasurer.
7. Documented collection action that reflects, on the report, all judgment
activity reported to the Treasurer along with copies of judgment abstracts.
Consultant will prepare and provide such other report as may be reasonably
requested by the City.
Consultant shall conduct the required services in a manner that upholds the
integrity of the Treasurer, City Attorney's Office, and the City of Roanoke.
21
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 2019.
No. 41637 - 121619.
AN ORDINANCE amending and reordaining Rule 1, Regular Meetings; organizational
meeting; amendments to meeting schedule; continuance of meeting due to emergency and
adiournment of meetings Section 2 -15, Rules of Procedure Article II, City Council, Chapter 2,
Administration, of the Code of the City of Roanoke (1979), as amended; establishing an effective
date; and dispensing with the second reading of this ordinance by title.
WHEREAS, City Council adopted Ordinance No. 41625 - 111819, on November 18, 2019,
moving the date of the local general elections from the first Tuesday in May in even - numbered
years to the Tuesday after the first Monday in November in even - numbered years commencing
with the November 2020 general election; and
WHEREAS, Section 2 -15 of the Code of the City of Roanoke requires amendments to
conform City Code to the change in the date of local general elections.
NOW THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. Amend and reordain Rule 1, Regular Meetings; organizational meeting;
amendments to meeting schedule; continuance of meeting due to emergency; and adjournment of
meetings, Section 2 -15, Rules of Procedure Article II, City Council, Chapter 2, Administration,
of the Code of the City of Roanoke (1979), as amended, to read and provide as follows:
Sec. 2 -15. - Rules of procedure.
Rule 1. Regular meetings; organizational meeting; amendments to meeting
schedule; continuance of meeting due to emergency; and adjournment of
meetings.
(b) (1) The first meeting of city council in the month of July 2020
shall be the organizational meeting of city council for the period of July 2020
through December 31 2020 The days times and places of regular meetings to
be held during the months of July through December 2020 shall be established
by resolution at the organizational meeting.
(2) Commencing with January 2021 and thereafter he first
meeting of city council in the month of July January shall be referred to as the
organizational meeting. The days, times and places of regular meetings to be
held during the ensuing months shall be established by resolution at the
organizational meeting. At two o'clock post meridian on the first Monday of
January next following each regular municipal election or if such day be a it
holiday, then on the day following the council shall meet at the usual place for
holding meetings of the legislative body of the city, at which time the newer
elected council members shall assume the duties of their offices.
2. The ordinance shall be effective upon its passage.
Pursuant to Section 12 of the Charter of the City, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
44�0 �
City Clerk.
Daniel J. Callaghan
City Attorney
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011 -1595
TELEPHONE 540- 853 -2431
FAX 540 - 853 -1221
EMAIL: cityatty@roanokeva.gov
December 16, 2019
Honorable Mayor Sherman P. Lea, Sr.
And Honorable Members of Council
Timothy R. Spencer
David L. Collins
Heather P. Ferguson
Laura M. Carini
Douglas P. Barber, Jr.
Assistant City Attorneys
Re: Amendment to Rule 1 of Section 2 -15, Code of the City of Roanoke (1979), as amended
BACKGROUND
Section 10 of the Charter of the City of Roanoke authorizes City Council to adopt rules of procedure for the
meetings of City Council. The City Council adopted Rule 1(b) of Section 2 -15, Code of the City of Roanoke
(1979), as amended to provide that the first meeting in July will be the organizational meeting of City Council
and at which meeting City Council will set its meeting schedule for the Council.
On November 18, 2019, City Council adopted Ordinance No. 41625- 111819 that moved the date of the local
general election from the first Tuesday in May in even - numbered years to the Tuesday after the first Monday
in November in even - numbered years, beginning with the general election in November 2020. As a result of
this change, the organizational meeting requires a change from the first meeting in July to the first meeting in
January.
In addition, the change in the date of the local general elections from May to November also extends the terms
of current Members of Council as required by Section 24.2- 222.1(C), Code of Virginia (1950), as amended.
Council had established its schedule of meetings through June 30, 2020 by adoption of a resolution at its
organizational meeting on July 1, 2019. The current Council needs to establish its schedule of meetings for the
period of July 1, 2020 through December 31, 2020. The Council that takes office on January 1, 2021, as a
result of the local general election in November 2020, will then set its schedule for the term of January 1, 2021
through December 31, 2021.
RECOMMENDATION
Adopt the attached ordinance to amend and reordain Rule 1(b) of Section 2 -15, Code of the City of Roanoke
(1979), as amended, to amend the date of the organizational meetings of City Council required by the change
in the date of the local general election.
Resppctfully submitted,
aniel J. Uaghan
Roanoke ' y Attorn y
c: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
R. Brian Townsend, Assistant City Manager for Community Development
Amelia C. Merchant, Director of Finance
Timothy R. Spencer, Senior Assistant City Attorney
David L. Collins, Assistant City Attorney
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Th3 16th day of December, 2019.
No. 41638 - 121619.
AN ORDINANCE repealing Ordinance No. 41366- 012219, adopted on January 22, 2019;
increasing and establishing the annual salaries of the Mayor and Council Members for fiscal year
beginning July 1, 2021; providing for an effective date; and dispensing with the second reading of
this ordinance by title.
WHEREAS, pursuant to Section 15.2- 1414.6, Code of Virginia (1950), as amended, City
Council may establish annual salaries of the Mayor and Council Members, provided any such
increase cannot take effect until July 1 following the local general election;
WHEREAS, City Council adopted Ordinance No. 41366- 012219, on January 22, 2019, to
increase and establish the annual salary of the Mayor to $25,000, and the annual salaries of Council
Members to $23,000, effective July 1, 2020 following the City general election set for the first
Tuesday in May 2020;
WHEREAS, City Council adopted Ordinance No. 41625- 111819, on November 18, 2019,
to move the City general elections to the Tuesday following the first Monday in November in
even - numbered years, commencing with the general election in November 2020; and
WHEREAS, by law the increases in the annual salaries of the Mayor and Council Members
established by Ordinance No. 41366- 012219 cannot take effect until July 1, 2021.
NOW THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
Ordinance No. 41366- 012219, adopted by City Council on January 22, 2019, is
hereby REPEALED.
2. The annual salaries of the Mayor and Council Members shall be increased for the
fiscal year beginning July 1, 2021 and ending June 30, 2022, to the following amounts:
Mayor $25,000
Council Members $23,000
These annual salaries shall apply for succeeding fiscal years unless subsequently modified by
ordinance duly adopted by Council.
3. The repeal of Ordinance No. 41366 - 012219 shall take effect upon passage of this
ordinance. The increase in the annual salaries of the Mayor and Council Members shall be in force
and effect on and after July 1, 2021.
4. Pursuant to Section 12 of the Charter of the City of Roanoke, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
Daniel J. Callaghan
City Attorney
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011 -1595
TELEPHONE 540 - 853 -2431
FAX 540- 853 -1221
EMAIL: cityatty@roanokeva.gov
December 16, 2019
Honorable Mayor Sherman P. Lea, Sr.
And Honorable Members of Council
Re: Salary Increases for Mayor and Members of Council
BACKGROUND
Timothy R. Spencer
David L. Collins
Heather P. Ferguson
Laura M. Carini
Douglas P. Barber, Jr.
Assistant City Attorneys
On January 22, 2019, City Council adopted Ordinance No. 41366 - 012219 to increase the annual salaries for
Mayor and Members of Council. Pursuant to Section 15.2- 1414.6, Code of Virginia (1950), as amended, City
Council may establish annual salaries of the Mayor and Council Members, provided any such increase cannot
take effect until July 1 following the local general election. On November 18, 2019, City Council adopted
Ordinance No. 41625- 111819 to move the City general elections to the Tuesday following the first Monday in
November in even - numbered years, commencing with the general election in November 2020. Based on the
requirements of State Code, City Council must conform the effective date of the increase in salaries for the
Mayor and Members of Council as a result of the change in the date of local general elections.
RECOMMENDATION
City Council adopt the attached ordinance to repeal Ordinance No. 41366- 012219 and to increase and establish
the salaries of the Mayor and Members of Council, effective July 1, 2021.
Respectfully submitted,
Daniel J. llaghan
City Attorney
c: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
R. Brian Townsend, Assistant City Manager for Community Development
Amelia C. Merchant, Director of Finance
Timothy R. Spencer, Senior Assistant City Attorney
David L. Collins, Assistant City Attorney
i`
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 2019.
No. 41639 -- 121619.
AN ORDINANCE accepting certain residual property interests conveyed from the
Commonwealth of Virginia, through the Commissioner of Highways ( "VDOT ") to the City of
Roanoke, Virginia ( "City ") remaining from Project U000 -128- 101 -RW -201, a street
improvements project located within the corridor from Tenth Street to Patterson Avenue, S.W.,
to Moorman Road, N.W. ( "Project "); authorizing the City Manager to execute a quitclaim deed
dated April 12, 2019, from VDOT accepting such property interests on behalf of the City; and
authorizing the City Manager to sign any documents necessary to administer, continue, enforce,
and effectuate the quitclaim deed, upon certain terms and conditions, and dispensing with the
second reading of this ordinance by title.
WHEREAS, by Resolution No. 19124- 040670, adopted by Roanoke City Council on
April 6, 1970, Roanoke City Council authorized VDOT to acquire from the City necessary rights
of way and other property interests needed by VDOT for the Project. The Project has been
completed, and VDOT desires to convey the residual rights of way, easements and other property
interests ( the "Property Interests ") remaining from the Project to the City; and
WHEREAS, VDOT has executed a quitclaim deed dated April 12, 2019, conveying the
Property Interests to the City.
NOW THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. The City hereby accepts from VDOT the Property Interests remaining from the
Project, as the Property Interests are described in the City Attorney's letter dated December 16,
2019, to City Council and the April 12, 2019, deed attached to that letter.
R- Authorize authority to execute quitclaim deed— VDOT to City (12.16.19)
2. The City Manager is authorized to execute the April 12, 2019, quitclaim deed
from VDOT attached to the City Attorney's letter dated December 16, 2019, conveying the
residual property interests remaining from the Project to the City.
3. The City Manager is authorized to take such actions and to execute such
documents as may be necessary to provide for the implementation, administration, and
enforcement of the quitclaim deed. All such documents shall be upon form approved by the City
Attorney.
4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
Y? . UDn u
city 6e -
Y
R- Authorize authority to execute quitclaim deed — VDOT to City (12.16.19)
Daniel J. Callaghan
City Attorney
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011 -1595
The Honorable Sherman P. Lea, Sr
and Members of Council
TELEPHONE 540 - 853.2431
FAX 540 -853 -1221
EMAIL: cityatty@roanokeva.gov
December 16, 2019
Timothy R. Spencer
David L. Collins
Heather P. Ferguson
Laura M. Carini
Douglas P. Barber, Jr.
Assistant City Attorneys
Re: City Council Agenda Report
Request for Authority to Accept Right of Way and Other Property Interests from the
Commonwealth of Virginia through the Commissioner of Highways
Dear Mayor Lea and Members of City Council:
Background:
Pursuant to Resolution No. 191 Z4, adopted by Roanoke City Council on April 6th 1970, the City
authorized the State Highway Commissioner to acquire from the City the necessary rights of way
and other property interests needed by the Commonwealth of Virginia for Project U000- 128 -101-
RW -201, a street improvements project within the Tenth Street corridor from Patterson Avenue,
S.W., to Moorman Road, N.W. (Project). The Project has been completed, and VDOT, per its
standard operating procedure, desires to convey the residual rights of way, easements, and other
property interests remaining from the Project located within the City of Roanoke to the City for the
locality to maintain.
The Commonwealth of Virginia, through the Commissioner of Highways, has executed a quitclaim
deed conveying these property interests to the City. The property interests are described in the deed
as "all the lands lying on both sides of the centerline of 101h Street, and between the left and right
limits of the existing street right of way and proposed right of way lines including connections to
various streets, those permanent easements lying outside of the proposed right of limits" acquired
by the Commonwealth of Virginia for public street purposes; as such parcels are shown on the Right
of Way Utilities Division Conveyance Report dated April 12, 2019, a copy of which is attached to
the deed.
Considerations:
City staff from relevant departments including the Transportation and Engineering Divisions have
reviewed the proposed deed and the property interests to be conveyed from the Commonwealth of
Virginia to the City. City staff recommends accepting such property interests for the City to
maintain as being in the best interests of the City. Authorization from City Council is required for
the City Manager to execute the quitclaim deed accepting such property interests on behalf of the
City.
Recommended Action:
Adopt the attached ordinance, authorizing the City Manager to execute a quitclaim deed from the
Commonwealth of Virginia dated April 12, 2019, conveying the residual rights of way, easements,
and other property interest remaining from the above described Project, a copy of which is attached
to this letter. Such deed shall be approved as to form by the City Attorney.
Sincerely,
Daniel J. allaghan
City Attorney
DJC /rry
cc: Council Appointed Officers
R. Brian Townsend, Assistant City Manager
for Community Development
Sherman Stovall, Assistant City Manager
for Operations
Robert Bengtson, Director of Public Works
Mark Jamison, Manager of Transportation,
Streets and Traffic
David L. Collins, Assistant City Attorney
PMI 1000058
Tax Map Parcel Number not assigned
PREPARED BY VDOT
UNDER THE SUPERVFSIO'v 1-W THE
OFFICE OF THE ATTORNEY GENERAL
Exempted from Grantor and Grantee taxes under
Sections 58.1 - 811(0)(4) and 58.1- 811(A)(3)
THIS QUITCLAIM DEED, made this 12a' day of April, 2019, between the
COMMONWEALTH OF VIRGINIA, acting by and through the Commissioner of
Highways, ( "GRANTOR ") and CITY OF ROANOKE, a Virginia Municipal
Corporation, ( "GRANTEE. ")
WITNESSETH:
WHEREAS, this conveyance is authorized in accordance with the provisions of
Section 33.2 -1001 of the �Code�of Virginia (1950), as amended, in accordance with the
request of the City of Roanoke contained in the resolution passed by the City Council at
their regular meeting held on the 6{'' day of April, 1970.
NOW, THEREFORE, for and in consideration of the sum of one dollar ($1.00),
and other good and valuable consideration, receipt of which is hereby acknowledged, the
GRANTOR does hereby release, remise and quitclaim unto the GRANTEE all of its right,
title, and interest in and to the hereinafter described lots or parcels of land, and any and all
improvements, all of which lie in the City of Roanoke, Virginia:
Being as shown on the plans for Route U000 (10`h Street), State Highway
Project U000 -128 -101, RW -201, and being all the lands lying on both sides
of the centerline of 1 Och Street, and between the left and right limits of the
existing street right of way and proposed right of way lines including
connections to various �1�rp0s, those permanent easements lying outside of
After recordation return to Grantee's Address:
PMI 1000058
the proposed right of way limits, and those residue properties between the
proposed acquisition lines and /or property lines and the proposed right of
way limits; being all the lands or property interests acquired by the Grantor
for public street purposes from various parties as shown on the Right of
Way and Utilities -Division Conveyance Report dated April 12, 2019,
attached hereto, to be recorded herewith and made a part of this conveyance;
LESS AND EXCEPT that portion of Parcels 006 and 007 as shown on Sheet
4 of said plans, lying on the cast side of 10`h Street between the Proposed
Right of Way line and the Property Line, conveyed by deed dated May 20,
1987 and recorded in Deed Book 1782, Page 1514 on January 17, 1997.
LESS AND EXCEPT that portion of Parcel 054 as shown on Sheet 6 of said
plans, lying on the west side of 10`h Street between the Proposed Right of
Way line and the Property Line, conveyed by deed dated September 30,
1987 and recorded in Deed Book 1577, Page 300 on February 22. 1988.
All or a portion of the said property shown outlined in RED on the aforesaid plan
sheet may be located within the 100 year flood plain as may be determined by the Federal
Emergency Management Agency and may be restricted as to use by zoning ordinances and
regulations of the jurisdictions wherein the land lies.
it is covenanted between the parties hereto, their successors or assigns, that any
limited access rights acquired in accordance with Section 33.2 -401 of the Code of Virginia
(1950), as amended, and right of way and/or easements acquired in accordance with
Section 33.2-1014 of the Code of Virginia (1950), as amended, associated with the lands
herein conveyed by this deed are reserved unto the Commonwealth of Virginia,
Department of Transportation.
The Grantee by joining in this deed through signature of its authorized
representatives, accepts, as is, the interest in the real estate conveyed by this deed pursuant
to Section 15.2 -1803 of the Code of Virginia (1950), as amended.
( Remainder of page intentionally left blank)
PMI 1000058
IN WITNESS WHEREOF. the Commonwealth of Virginia, Commissioner of
Highways, has caused this deed to be executed in its name as of the day, month., and year
first above written.
COMMONWEALTH OF VIRGINIA
Commissioner of Highways
BY (SEAL)
L ri . Snider
State Right of Way and Utilities Director
Department of Transportation
COMMONWEALTH OF VIRGINIA
City of Richmond, to-wit:
The foregoing instrument was acknowledged before me this 1. N day of
_Apr' 2019, by Lon' A. Snider, State Right of Way and Utilities Director.
Department of Transportation, who has been authorized to execute same by the
Commissioner of Highways.
Notary Public
Affix Stamp for Notary ID and Commission Expiration Date:
D RAYMOND LEE SIRATHY JRv
NOTARY PUBLIC
REGISTRATION # 7580501
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
o.
-1
- 3 -
CITY OF ROANOKE, VIRGINIA
A Municipal Corporation
BY
ITS:
COMMONWEALTH OF VIRGINIA
City/County/Town of to-wit:
The foregoing instrument was acknowledged before me this
., 2019 by
PMI 1000058
day of
(SEAL)
the of the City/County/Town of
a Virginia Municipal Corporation.
Notary Public
Affix Stamp of Commission Expiration and Notary ID Number:
APPROVED AS TO LEGAL SUFFICIENCY AND FORM:
City Attorney
Date
Right of Way and Utilities
Conveyance Report
Report Date: 4/1212019 12 :00:00 AM
UPC:
Exclude Inactives ?: Yes
Project Number url%_ j
Roanoke
0000- 128 -101, RW -201
Parcel Parcel Name Plan Sheet Instrument Type Instrument Dt.
City 1 County
Recordation Reference
District
Salem
Plat Book Plat Page Final order
�
HUBBARD, CHARLES A. AND
Certificate
10/08/1971
DeedBook: 1302. Page: 519
5
70 -71
11128/1973
001
CLAUDIA J.. ET AL.
3
OBERLIN, JOHN W. AND
3
Deed
05/04/1971
DeedBook: 1294 Page: 271
4
228
002
LOUISE B.
Certificate
08(1711971
DeedBook: 1298 Page: 545
5
21 -22
04/05/1973
ATLAS FURNISHED
00'3
APARTMENTS INC.
3
01/25/1972
DeedBook: 1306 Page: 323
5
98 -99
12/1911972
004
FRANCIS. MYRTLE H.
3
Certificate
07/30/1971
DeedBook: 1298 Page: 36
5
13 -16
12/21/1971
AESY. EMMITT E. AND
Certificate
005
RACHEL L.
3,4
GIESEN, GEORGE L. AND
4
Deed
06/04/1971
DeedBook: 1296 Page: 706
5
4
006
MARARET E.
07/20/1971
DeedBook: 1301 Page: 590
5
59
007
WASHINGTON, BARBARA J.
4
Deed
08123/1971
DeedBook: 1301 Page: 593
5
60
008
SAYER, CLINTON L.
4
Deed
09110/1971
DeedBook: 1301 Page. 400
5
57
QUAM. ELMER G. AND
4
Deed of Easement
010
ETHELDAL.
ABBOTT, TAFT AND LUCILLE
q
Deed of Easement
09114/1971
DeedBook: 1301 Page: 402
5
58
011
V
07/20/1971
DeedBook: 1298, Page: 552
5
23
013
HANKINS, MITCHELL
4
Deed
06102/1971
DeedBook: 1297 Page: 666
5
12
014
BERKELEY. FLORENCE W.
4
Deed
Conveyance Report
Parcel t Parcel Name
2of4
Plan Sheet Instrument Type Instrument Dt. Recordation Reference Plat Book Plat Page Final Order
Deed
08123/1971
DeedBook: 1325 Page: 185
5
114
015
SCOTT, PAUL J.
4
BARLOW, CHARLES H. AND
4
Deed
09/15/1971
DeedBook: 1309 Page. 350
5
101
016
NONA D.
LOONEY, LEONARD AND
Deed
05/04/1971
DeedBook: 1295 Page: 612
4
230
017
MARTHA
4
HUBBARD, C. A. AND
4
Certificate
111711 971
DeedBook: 1303 Page: 296
5
76 -77
11/28/1973
0?9
CLAUDIA J.
06/30/1971
DeedBook: 1295 Page: 812
4
238 -239
02/1611972
031
GORDON, H. L., ESTATE
4
Certificate
THE COLONIAL AMERICAN
0412011972
DeedBook: 1310 Page: 773
5
105 -106
03/25/1976
032
NATIONAL BANK OF
4
Certificate
ROANOKE
07!06 /1971
DeedBook: 1299 Page: 701
5
41
033
ALLEN. MARY S.
4
Deed
GALLOWAY, LEE J. AND
Certificate
09!02/1971
DeedBook: 1299 Page: 653
5
37 -38
07/13/1973
037
CARMELLA
4
THE COLONIAL AMERICAN
01;0511972
DeedBook: 1313 Page: 540
5
107 -108
038
NATIONAL BANK OF
4
Deed
ROANOKE
TRUE CHURCH OF GOD
5
Certificate
07/01/1971
DeedBook: 1296 Page: 127
4
241 -242
10/26/1971
044
APOSTOLIC
ST. MATTHEW CHURCH OF
5
Certificate
06 ?29/1971
DeedBook: 1295 Page: 767
4
235 -236
04/06/1972
045
GOD APOSTOLIC
Deed
05/04/1971
DeedBook: 1294 Page: 94
4
227
046
PECK, H. S. AND MATUDA K.
5
06/29/1971
DeedBook: 1296 Page: 23
4
240
047
WOOLWINE. EVA B.
5
Deed
WILSON. LONNIE AND
5
Deed
06/28/1971
DeedBook: 1296 Page: 627
5
2
048
KATHY
01/06/1972
DeedBook: 1305 Page: 441
5
91 -94
04/12/1972
049
VIRGINIA HOLDING CO.
5
Certificate
01/06/1972
DeedBook: 1305 Page: 441
5
91 -94
04/12/1972
053
VIRGINIA HOLDING CO.
6
Certificate
TATE, ERNEST D. AND
6
Deed
09/02/1971
DeedBook: 1302 Page: 284
5
67
054
NELDIA R.
Conveyance Report
Parcel Parcel Name Plan Sheet Instrument Type Instrument Dt. Recordation Reference
3of4
Plat Book I Plat Page I Pinar
056
HOME DEALERS, INC.
6
Deed
05/26/1971
DeedBook: 1297 Page: 137
5
7
057
HOELLE, JOHN C.
6
Deed
05/07/1971
DeedBook: 1298 Page: 426
5
18
058
CHELF, NELLIE A. AND E. W.
6
Deed
06/04/1971
DeedBook: 1296 Page: 703
5
3
059
DAVIS, OTHIFF W., ET AL
%
Deed
10/07/1970
DeedBook: 1286 Page: 268
4
191
060
DAVIS, OTHIFF W., ET AL
6
Deed
10/07/1970
DeedBook: 1286 Page: 268
4
191
061
HOELLE, JOHN C.
6
Deed
05/67/1971
DeedBook: 1298 Page: 426
5
18
062
DILLON, JOHN M. AND
VERLENE C.
6
Deed
0 5/1 411 971
DeedBook: 1299 Page: 447
5
32
063
DAVIS, OTHIFF W.. ET AL
6
Deed
10/0711970
DeedBook: 1286 Page: 268
4
191
664
DAVIS, OTHIFF W., ET AL
6
Deed
10/0711970
DeedBook: 1286 Page: 268
4
191
065
SAUNDERS, THOMAS J. AND
HENRIETTA
6,7
Deed
06129/1971
DeedBook: 1297 Page: 47
5
5 -6
066
KEFAUVER, C. F. AND
IRENE C.
6
Deed
08/04/1971
DeedBook: 1299 Page: 331
5
31
067
BOSWELL, JOHN W. AND
MARY T.
6,7
Certificate
08/30/1971
DeedBook: 1299 Page: 541
5
33 -36
08/13/1973
068
HUNSUCKER, VEANIE M.
7
Deed
0810411971
DeedBook: 1299 Page: 328
5
30
069
WOMACK, LL CILLE R.
7
Certificate
10108/1971
DeedBook: 1302 Page: 516
5
68 -69
64/18/1972
070
CURTIS, THOMAS E. AND
MARY L.
7
Deed
05/07/1971
DeedBook: 1295 Page: 786
4
237
073
WILLIAMS, NORVAL AND
SHIRLEY
7
Certificate
12/02/1971
DeedBook: 1304 Page: 202
5
82 -83
11/28/1975
074
DENT, LILLIAN G.
7
Deed
12/03/1971
DeedBook: 1325 Page: 189
5
115
075
DENT, LILLIAN G.
7
Deed
12/03/1971
DeedBook: 1325 Page: 189
5
115
676
DEARING, OSCAR AND
NELLIE
7
Certificate
11/05/1971
DeedBook: 1303 Page: 357
5
78 -79
08/10/1973
Conveyance Report 4 of 4
Parcel Parcel Name Plan Sheet Instrument Type Instrument Dt. Recordation Reference Plat Book Plat Page Final Order
077 CURTIS, MARTELIA, ET AL. 7 Deed 11/1511971 DeedBook: 1309 Page: 365 5 103
078
HAMLETT, IRENE
7
Deed
10/2811971
DeedBook: 1308 Page: 624
5
100
WITCHER, JAMES AND
7
Deed
09/03/1971
DeedBook 1300 Page: 812
5
51
080
DORIS
DEARING, OSCAR AND
7
Certificate
11/05/1971
DeedBook: 1303 Page: 357
5
78 -79 08/10/1973
081
NELLIE
082
CITY OF ROANOKE
5
Deed
07/05/1972
DeedBook: 1319 Page: 110
5
109
GOTT, STEPHEN D. AND
3
Deed
08/04/1971
DeedBook: 1301 Page: 15
5
52
083
CORINNE B.
MURPHY, DAVIS C. AND
5
Certificate
08/1711971
DeedBook: 1298 Page: 495
5
20 05/24/1974
084
THELMA C.
085
CITY OF ROANOKE
7
Deed
07/05/1972
DeedBook: 1319 Page.: 110
5
110
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 2019.
No. 41640- 121619.
AN ORDINANCE authorizing the City Manager to execute a purchase and sale
agreement with Terry W. Tabor ( "Tabor "), for the purchase of a vacant parcel of property
located at 0 Douglas Avenue, Roanoke, Virginia, bearing Official Tax Map No. 2020502
("Property")
to the City of Roanoke, Virginia ("City"), upon certain terms and conditions; and
dispensing with the second reading of this Ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager is hereby authorized, for and on behalf of the City, to execute a
purchase and sale agreement and all other necessary documents, in a form approved by the City
Attorney, providing for the sale and conveyance of the Property from Tabor to the City, to be
used for parking for the City Schools Administration Building (Tax Map No. 2020501), for the
sum of $1,500.00, and as more particularly stated in the City Attorney Letter dated December 16,
2019.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
AT
TEST:
City Clerk.
O- Authorize Sale and Conveyance from Terry Tabor to City of Roanoke — TM2020502 (12-16. 19)
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011 -1595
Daniel J. Callaghan TELEPHONE 540 - 853 -2431
City Attorney FAX 540- 853 -1221
EMAIL: cityatty @roanokeva.gov
December 16, 2019
The Honorable Sherman P. Lea, Sr.,
and Members of Council
Re: Request for Authority to Purchase 0 Douglas Avenue,
Official Tax Map No. 2020502 from Terry W. Tabor.
Dear Mayor Lea and Members of City Council:
Timothy R. Spencer
David L. Collins
Heather P. Ferguson
Laura M. Carini
Douglas P. Barber, Jr.
Assistant City Attorneys
Background:
Roanoke Official Tax Map No. 2020502 (Property) is a small, privately owned parcel containing
approximately 808 square feet that is located adjacent to City owned property bearing Official Tax
Map No. 2020501 (the City Schools Administration Building). The Property has been used by City
Schools as parking for many years to serve the needs of the City Schools Administration Building.
An aerial photo of the parcel is shown on Exhibit 1 to this letter. Title to the parcel is of record in
y W. Tabor,
the name of the late Walter L. Massie, Jr., although the legal owner of the parcel is Terr
who was devised the parcel under Walter or e amount of $1,SOOt The Property hasea tax4assess
desires to sell the Property to the City for
value of $600.
Considerations:
City staff has considered Mr. Tabor's offer and recommends purchase of the Property. Use of the
Property by City Schools is important for parking at the City Schools Administration Building given
the proximity of its location, and ownership of the parcel by the City will help prevent certain
liability issues. The City and Mr. Tabor have negotiated the terms of a purchase and sale agreement
for the Property. A copy of the proposed sales agreement is attached as Exhibit 2. Mr. Tabor has
agreed to allow the City continued use of the Property for parking during the pendency of the sale.
City Council authorization is necessary for the City Manager to execute a deed accepting title to
the Property.
Recommended Action:
Adopt the attached Ordinance, authorizing the City Manager to execute a purchase and sale
agreement with Terry W. Tabor for the Property substantially similar in form to the agreement
attached to this letter, and to thereafter execute a title
by the City Attorney n behalf of
be a
the City of Roanoke. All documents shall pp roved as to form
Sincerely,
Danie4Caghan
City Attorney
DJC /rry
cc: Council Appointed Officers
R. Brian Townsend, Assistant City Manager
for Community Development
Sherman Stovall, Assistant City Manager
for Operations
Robert Bengtson, Director of Public Works
Mark Jamison, Manager of Transportation,
Streets and Traffic
David L. Collins, Assistant City Attorney
EXHIBIT I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 2019.
No. 41641 - 121619.
AN ORDINANCE to appropriate funding from federal and Commonwealth grants for various
educational programs, amending and reordaining certain sections of the 2019 -2020 School 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
2019 -2020 School Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
Appropriations
Coordinator Salary
Student Transportation
Career & Technical Education
Certifications
Prof Service from other
Government Entities
Travel Mileage
Travel Lodging
Food
Educational and Recreational
Supplies
Equipment
Technology Hardware Additions
Revenues
Federal Grant Receipts
Federal Grant Receipts
Federal Grant Receipts
State Grant Receipts
Local Match
State Grant Receipts
State Grant Receipts
Local Match
302 - 140 - HOME - 1000 - 145P - 61210 - 41138 - 9 - 08
$
302 - 140 - HOME - 1000 - 145P - 61210 - 43342 - 9 - 08
20,000
302 - 170 - 3000 - 1160 -118N- 61100 - 45584 -3 -03
1,839
302- 180 - 0000 - 1170 -373P- 61410- 43385 -3 -04
2,580
302 - 180 - 0000 - 1170 - 373P - 61410 - 45551 - 3 - 04
854
302 - 180 - 0000 - 1170 - 373P - 61410 - 45553 - 3 - 04
732
302 - 180 - 0000 - 1170 -373P- 61410 - 46602 -3 -04
750
302 - 190 - 1309 - 1000 -129P- 61100 - 46614 -2 -08
7000
302 - 253 - 0000 - 0000 - 375P - 68300 - 48821 - 9 - 00
130,279
302 - 280 - PASS - 0400 - 380H - 68200 - 48210 - 3 - 01
117,124
302 - 000 - 0000 - 0000 - 118N - 00000 - 38048 - 0 - 00
$ 1,000
302 - 000 - 0000 - 0000 - 129P - 00000 - 38954 - 0 - 00
302 - 000 - 0000 - 0000 - 145P - 00000 - 38196 - 0 - 00
80,000
302 - 000 - 0000 - 0000 - 375P - 00000 - 32400 - 0 - 00
106,056
302 - 000 - 0000 - 0000 - 375P - 00000 - 72000 - 0 - 00
302 - 000 - 0000 - 1170 - 373P - 00000 - 32602 - 0 - 00
4,916
302 - 280 - PASS - 0400 - 380H - 00000 - 32366 - 0 - 00
97,521
302 - 280 - PASS - 0400 - 380H - 00000 - 72000 - 0 - 00
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
City %ierk.
December 16, 2019
The Honorable Sherman P. Lea, Sr., Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Mayor Lea and Members of Council:
As a result of official School Board action on Tuesday, December 10,
2019, the Board respectfully requests that City Council
approve the
following appropriation requests:
New Appropriation
Perkins Reserve Re- allocation Entitlements 2018 -19
Award
$ 1,839.29
Virginia's Preschool Development Grant Birth -to -Five:
Site Recognition Program 2018 -19
$ 7,000.00
Title X, Homeless Assistance Program 2019 -20
$ 80,000.00
Governor's School Evaluation Grant 2019 -20
$ 4,916.00
School Security Equipment Grant 2019 -20
$130,278.75
e- Learning Backpack Initiative 2013 -14
$117,124.00
On behalf of the School Board, thank you for your consideration.
Sincerely,
Cindy H.4loulton
Clerk
pc: Dan Callaghan Rita D. Bishop
Bob Cowell Kathleen Jackson
Amelia Merchant Holli Salyers (w /details)
Mark K. Cathey
ROANOKE CITY
PUBLIC SCHOOLS
Strong Students. Strong Schools. Strong City.
School Board
Mark K. Cathey
Chairman
Lutheria H. Smith
Vice Chairman
William B. Hopkins, Jr.
Elizabeth C. S. Jamison
Laura D. Rottenborn
Joyce W. Watkins
Dick Willis
Dr. Rita D. Bishop
Superintendent
Cindy H. Poulton
www.rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031
•
COUNCIL CITY AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: December 16, 2019
Subject: School Board Appropriation Request
Background:
As the result of official Roanoke City School Board action at its December 10, 2019 meeting, the
Board respectfully requested that City Council appropriate funding as outlined in this report.
The 2019 -20 Title X, Homeless Assistance Program grant award of $80,000 supports the
identification of students who are experience homelessness. This grant will be reimbursed by
Federal funds and will end July 31, 2020. This is a continuing program.
The 2018 -19 Perkins Reserve Re- allocation Entitlements grant award of $1,839 provides funding to
carry out programs that develop more fully the academic and technical skills of secondary students
who elect to enroll in career and technical education. This grant will be reimbursed by Federal
funds and will end June 30, 2019.
The 2019 -20 Governor's School Evaluation grant award of $4,916 provides funding for payment of
the evaluation coordinator, team leader, and team member evaluators who will conduct an
independent evaluation of the Roanoke Valley Governor's School during 2019 -20. This grant will be
reimbursed by State funds and will end May 1, 2020.
The 2018 -19 Virginia's Preschool Development Grant Birth -to -Five: Site Recognition Program grant
award of $7,000 provides funds to strengthen community early childhood care and education
systems. This grant will be reimbursed by Federal funds and will end December 31, 2019.
The 2019 -20 School Security Equipment grant award of $130,279 supports the purchase of security
equipment to improve and help ensure the safety of students attending public schools in Virginia.
This grant will be reimbursed by State funds with a required local match and will end June 30,
2020.
The 2013 -14 e- Learning Backpack Initiative grant award of $117,124 provides every ninth grade
student attending a public school that is not fully accredited with a laptop or tablet computer,
digital content and applications, and access to content creation tools. This grant will be
reimbursed by State funds and a required local match and will end October 31, 2019.
Recommended Action:
We recommend-lbat Council concur with this report of the School Board and adopt the attached
budge finance t lish revenue estimates and to appropriate funding as outlined.
Robert S. Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
Rita D. Bishop, Superintendent, RCPS
Dan Lyons, Assistant Superintendent for Operations, RCPS
Kathleen M. Jackson, Chief Financial Officer, RCPS
Amelia C. Merchant, Director of Finance
E
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 2019.
No. 41642- 121619.
A RESOLUTION amending and reordaining Resolution No. 41545- 090319 regarding the
date by which Roanoke Neighborhood Advocates must submit bylaws to City Council for
approval; and establishing an effective date.
WHEREAS, City Council adopted Resolution No. 41545- 090319 on September 3, 2019
(Resolution), to amend and restate the objectives, duties and responsibilities of Roanoke
Neighborhood Advocates (RNA);
WHEREAS, Section 6 of the Resolution requires the RNA to submit bylaws for the
operation and administration of the RNA to City Council for approval by December 31, 2019;
WHEREAS, the RNA has presented its strategic plan to City Council on December 2,
2019, and anticipated reviewing its current bylaws at its next meeting set for January 8, 2020, with
the goal of submitting revised bylaws to City Council for approval thereafter; and
WHEREAS, in the interim, the RNA will conduct its meeting in accordance with its current
bylaws, first adopted in February 2004 and last amended on May 9, 2018.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. Section 6 of the Resolution is amended to delete "December 31. 2019" and insert
"February 28, 2020" in its place.
2. The Resolution, as amended by this resolution, is hereby reordained.
3. This resolution shall be effective upon its passage.
ATTEST:
Woo�tty Clerk.
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
Cecelia F. McCoy, CMC
Deputy City Clerk
Roanoke, Virginia
Dear Ms. McCoy:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerkleiroanoke�a.gov
December 30, 2019
CECELIA F. MCCOY'. CMC
Deputy City Clerk
CECELIA T. N\EBB. CMC
Assistant Deputy City Clerk
I am attaching copy of Resolution No. 41643- 121619 appointing you as Acting City Clerk
for the City of Roanoke, effective January 1, 2020, and shall continue to serve as Acting
City Clerk until such time as City Council appoints and elects a permanent City Clerk.
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.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting, which was held on Monday, December 16, 2019.
Sincerely,
4�� tn. m°.,. pf�
Stephanie M. Moohe Holds MMC
p Y
City Clerk
Enclosures
ZSI\k
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 2019.
No. 41643 - 121619.
A RESOLUTION electing and appointing Cecelia Freeman McCoy as Acting City Clerk for the
City of Roanoke, and ratifying the terms and conditions of employment as offered to Mrs. McCoy.
WHEREAS, the City Council desires to elect and appoint Cecelia Freeman McCoy ( "Mrs.
McCoy ") as Acting City Clerk pursuant to Section 8 of the Roanoke Charter of 1952; and
WHEREAS, Mrs. McCoy has agreed to accept the election and appointment as Acting City Clerk
until such time as City Council appoints and elects a permanent City Clerk.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
I . Cecelia Freeman McCoy is hereby elected and appointed as Acting City Clerk for the City
of Roanoke effective January 1, 2020, at 12:01 a.m., and she shall continue to serve as Acting City Clerk
until such time as City Council appoints and elects a permanent City Clerk.
2. The terms and conditions of Mrs. McCoy's election and appointment as Acting City Clerk
shall be as hereinafter set forth and shall commence as of January 1, 2020:
(a) The annual salary shall be $75,000, payable biweekly at the same
time as other employees of the City;
(b) The City shall annually pay on behalf of Mrs. McCoy the sum of
$8,000 to the International City Management Association -
Retirement Corporation (ICMA -RC) for her participation in the
ICMA -RC Retirement Plan, and the City shall execute any
necessary agreements to provide for such payment. During the
term of serving in this acting capacity, such amount shall be
prorated;
(c) Recognizing that the job requirements of the City Clerk routinely
require incurring travel related expenses in the course of City
business, Mrs. McCoy shall receive a bi- weekly salary increment
K.\APPOINTING CECELIA FREEMAN MCCOY AS ACTING CITY CLERKI2 16 19 .DOC
of $96.15 for the use of a privately -owned or leased automobile in
the conduct of official City business while Mrs. McCoy serves as
Acting City Clerk;
(d) The City shall provide Mrs. McCoy with an additional disability
income coverage policy; and
(e) With respect to benefits and terms and conditions of employment
not enumerated in this resolution, Mrs. McCoy shall be accorded
such benefits and shall be subject to such terms and conditions on
the same basis as other similarly situated Council Appointed
employees of the City.
3. Mrs. McCoy will make arrangements to qualify for office by taking the required Oath of
Office as soon as practicable.
ATTEST:
4
City Clerk.
K: \APPOINTING CECELIA FREEMAN MCCOY AS ACTING CITY CLERK 12 16 19 .DOC
COMMONWEALTH OF VIRGINIA )
To -wit:
CITY OF ROANOKE )
I, Stephanie M. Moon Reynolds, 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 sixteenth day of December 2019, CECELIA F. MCCOY
was appointed as Acting City Clerk of the City of Roanoke, effective January 1, 2020, until
such time as City Council appoints and elects a permanent City Clerk.
Given under my hand and the Seal of the City of Roanoke this thirtieth day of
December 2019.
M����00 Z
City Clerk
SHERMAN P. LEA, SR.
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W.
Noel C. Taylor Municipal Building, Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
Council Members
Email: clerk @roanokeva.gov
William D. Bestpitch
Joseph L. Cobb
Michelle L. Davis
Djuna L. Osborne
Anita J. Price
Patricia White -Boyd
December 16, 2019
The Honorable Sherman P. Lea, Sr
and Members of Council
Re: Appointing Cecelia Freeman McCoy as Acting City Clerk
Dear Mayor Lea and Members of City Council:
On behalf of the Personnel Committee it is our recommendation that Roanoke City Council
appoint Cecelia Freeman McCoy as Acting City Clerk, ratifying the terms and conditions of
employment as offered to Mrs. McCoy, as set out in the attached Resolution.
The effective date of Mrs. McCoy's appointment shall be January 1, 2020 at 12:01 a.m.,
and she shall continue to serve as Acting City Clerk until such time as City Council appoints and
elects a permanent City Clerk.
Sincerely,
Michelle L. Davis
Chair, Personnel Committee
MLD /lsc
k,
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 2019.
No. 41644 - 121619.
A RESOLUTION paying tribute to Stephanie Moon Reynolds on the occasion of her
retirement following 42 years of service with the City of Roanoke.
WHEREAS, Ms. Moon Reynolds has announced her retirement as City Clerk, effective
January 1, 2020;
WHEREAS, Ms. Moon Reynolds began her municipal government career as a clerical
employee, through a federally funded placement program in November 1977, with the Roanoke
City Social Services Department;
WHEREAS, on August 21, 1978, Ms. Moon Reynolds accepted a permanent entry level
position with the Roanoke City Clerk's Office,s brief period
every positionhn
Executive Assistant to the Director of Parks a nd Recreation was
the City Clerk's Office during the course of her career;
WHEREAS, Ms. Moon Reynolds was appointed Acting
Clerk In
the City Clerk Oon
following the retirement of former City C lerk Mary F.
February 6, 2007;
WHEREAS, Ms. Moon Reynolds has served under the leadership of five Mayors; and
three Deputy Clerks received Certified Municipal Clerk designations under her supervision;
WHEREAS, since 2007, Ms. Moon Reynolds has led the City Clerk's Office through
several City Council transitions, special projects, and challenging budget situations, with a
decrease in staff from eight to five full -time employees; in each and every opportunity Ms. Moon
Reynolds has epitomized the value of a public official committed to serving the Roanoke City
Council and citizenry;
WHEREAS, Ms. Moon Reynolds is the fifteenth City Clerk in the City's history and the
first African American to hold this position;
WHEREAS, Ms. Moon Reynolds served the Virginia Municipal Clerks Association as
Region IV Director, Secretary to the Association's Executive Board, Second Vice - President,
First Vice - President before becoming President in 2008 — 2009;
WHEREAS, Ms. Moon Reynolds has received numerous awards and recognitions,
including her selection as the 2009 Clerk of the Year by the Virginia Municipal Clerks
Association;
WHEREAS, at the end of her presidency, the Virginia Municipal Clerks Association
appointed Ms. Moon Reynolds as Chair of the Professional Development and Education
Committee and requested she continue in this capacity which led to the development of the
current continuing education agreement with Virginia Commonwealth University;
WHEREAS, in January 2011, Ms. Moon Reynolds received the prestigious designation
of Master Municipal Clerk by the International Institute of Municipal Clerks, a designation
granted only to those Municipal Clerks who have completed demanding educational
requirements and have a record of significant contributions to their local government,
community, and the Commonwealth of Virginia;
WHEREAS, Ms. Moon Reynolds has been an active participant in the Virginia
Municipal Clerks Association Annual Institute and Academy as a presenter /speaker in Richmond
and Virginia Beach; and served as Host Clerk of the Annual Virginia Municipal Clerks
Association Conference at the Hotel Roanoke and Conference Center in April 2019,
implementing the first pre- conference education session and conference concurrent sessions;
WHEREAS, Ms. Moon Reynolds is known throughout the community for her work with
youth and young adults, her benevolence and outreach to those in need, and her commitment to
providing the citizens of Roanoke City with timely and courteous service;
WHEREAS, Ms. Moon Reynolds' civic outreach has been recognized by the Roanoke
Branch, NAACP, the Roanoke Chapter of the Southern Christian Leadership Conference
(SCLC), and the Roanoke Alumnae Chapter of Delta Sigma Theta Sorority Inc.;
WHEREAS, Ms. Moon Reynolds has served as a member of the Roanoke Valley Wonju
Sister Cities Committee, the Roanoke Chapter of the National Association of Parliamentarians,
and the Virginia Municipal League's Human and Education Development Policy Committee;
WHEREAS, during Ms. Moon Reynolds' tenure, the Roanoke City Clerk's Office has
the distinction of being one of the first Clerk's offices in the Commonwealth of Virginia to
implement an electronic agenda for City Council meetings, one of the first Clerk's offices in the
State to design its own website, the only Clerk's office in Virginia to prepare a Strategic
Business Plan, and implementing on -line forms for application for appointment to Council -
appointed bodies, ceremonial documents, registration to appear before City Council, and
Mayor /Council event attendance;
WHEREAS, Ms. Moon Reynolds' municipal government service has been exemplary by
virtue of her personal characteristics of intelligence, honesty, respect, integrity, commitment,
professionalism and enthusiasm; and
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that City
Council adopts this means of paying tribute to Stephanie Moon Reynolds and expresses to her
the heartfelt appreciation of this City and its people for her indelible service as City Clerk of the
City of Roanoke.
ATTEST:
Deputy City Clerk
STEPHANIE NI. MOON REYNOLDS, 3INIC
Cite 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: clerk(adxoanokeva.gov
December 17, 2019
David Peck, Administrator
Friendship House Roanoke, Inc.
635 Elm Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. Peck:
CECELIA F. NICCOY, CIVIC
Deputy City Clerk
CECELIA T. WEBB, CHIC
Assistant Deputy City Clerk
I am enclosing copy of Ordinance No. 41645- 121619 exempting from real estate
property taxation certain real property, and exempting from personal property taxation
certain personal property, located in the City of Roanoke owned by Friendship House
Roanoke, Inc., ( "Applicant ") a Virginia non - stock, non - profit 501(c)3 corporation,
devoted exclusively to charitable or benevolent purposes on a non - profit basis,
providing for an effective date.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 16, 2019 and is in full force and effect upon
its passage.
Enclosure
PC..
Sincerely,
St phanie M. Moon
City Clerk
Reynolds, C
Daniel J. Callaghan, City Attorney
Honorable Sherman A. Holland, Commissioner of the Revenue
Honorable Evelyn W. Powers, City Treasurer
Sherman M. Stovall, Assistant City Manager for Operations
R. Brian Townsend, Assistant City Manager for Community Development
Amelia C. Merchant, Director of Finance
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 2019.
No. 41645 - 121619.
AN ORDINANCE exempting from real estate property taxation certain real property, and
exempting from personal property taxation certain personal property, located in the City of Roanoke
owned by Friendship House Roanoke, Inc., ( "Applicant ") a Virginia non - stock, non -profit 501(c)3
corporation, devoted exclusively to charitable or benevolent purposes on a non - profit basis; providing
for an effective date, and dispensing with the second reading of this Ordinance by title.
WHEREAS, the Applicant, has petitioned Council to exempt certain real property of the
Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia;
WHEREAS, the Applicant has petitioned Council to exempt certain personal property of the
Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia;
WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to
the Applicant's petition was held by Council on December 16, 2019;
WHEREAS, the provisions of subsection B of Section 58.1 -3651, Code of Virginia (1950), as
amended, have been examined and considered by Council;
WHEREAS, the Applicant agrees that the real property to be exempt from taxation is certain real
estate, including the land and any building located thereon, identified by Official Tax Map Nos. 1120519
and 1120520, and commonly known as 635 Elm Avenue S.W., Roanoke, Virginia, (the "Real Property "),
and owned by the Applicant, which shall be used by the Applicant exclusively for charitable or
benevolent purposes on a non - profit basis;
WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has
voluntarily agreed to pay each year a service charge, in an amount equal to twenty percent (20 %) of the
City of Roanoke's real estate tax levy, which would be applicable to the Real Property, were the Real
Property not exempt from such taxation, for so long as the Real Property is exempted from such taxation;
and
WHEREAS, the Applicant agrees that the personal property to be exempt from taxation is certain
personal property, including equipment, supplies, games, toys and other items, (the "Personal Property ")
which shall be used by the Applicant exclusively for charitable purposes on a non - profit basis.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Council classifies and designates the Applicant a non - stock, non - profit 501(c)3
corporation, as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X
of the Constitution of Virginia, and hereby exempts from real estate taxation the Real Property, which
Real Property is owned by the Applicant used exclusively for charitable or benevolent purposes on a
non - profit basis. Continuance of this exemption shall be contingent on the continued use of the Real
Property in accordance with the purposes which the Applicant has designated in this Ordinance.
2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to
the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty
(20 %) percent of the City of Roanoke's real estate tax levy, which would be applicable to the Real
Property, were the Real Property not exempt from such taxation, for so long as the Property is exempted
from such taxation.
3. Council hereby exempts from personal property taxation the Personal Property owned
by the Applicant, including equipment, supplies, games, toys and other items, and all replacements and
additions thereto, which Personal Property is used exclusively for charitable or benevolent purposes on
a non - profit basis; continuance of this exemption shall be contingent on the continued use of the Personal
Property in accordance with the purposes which the Applicant has designated in this Ordinance.
4. This Ordinance shall be in full force and effect on January 1, 2020, if by such time a copy,
duly executed by an authorized officer of the Applicant, has been filed with the City Clerk.
5. The City Clerk is directed to forward an attested copy of this Ordinance, after it is
properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for
purposes of assessment and collection, respectively, of the service charge established by this Ordinance
and to David Peck, Administrator, Friendship House Roanoke, Inc.
6. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title
is hereby dispensed with.
ATTEST:
City Clerk.
ACCEPTED, AGREED TO, AND EXECUTED by Friendship House Roanoke, Inc., a Virginia non-
stock, non - profit corporation, this day of 32019.
Friendship House Roanoke, Inc.
By:_
Name:
Title:
`~ CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: December 16, 2019
Subject: Tax Exemption Request on Real and Personal Property of the
Friendship House Roanoke, Inc.
Background:
Friendship House Roanoke, Inc., a non - stock, non - profit organization has filed
for tax exemption of real and personal property located in the City, at 635 Elm
Avenue, SW (Official Tax Map #1120519 and #1120520. The organization
desires the property to be designated as exempt from real estate and personal
property taxes pursuant to the provisions of the Code of Virginia.
Friendship House Roanoke, Inc. is a non - profit organization that uses this
property for an after school program four days a week, a weekly food pantry
for those in need in the southwest neighborhood, as well as an apartment for
refugee resettlement. This is a double lot, one with the building for refugee
resettlement and the other with the playground used by the children in the after
school program. It should be noted that Friendship House Roanoke, Inc.
purchased this property in dune 2019 from the Roanoke Valley Baptist
Association, Inc. That organization provided similar services to the public and it
was tax exempt.
At present, annual real estate taxes due on the parcels are $1,810 on a total
assessed value of $148,400. Annual personal property taxes are $138 on a
total assessed value of $4,005. The personal property consists of equipment
and other items. The organization is current on both its real estate and
personal property taxes.
Considerations:
On May 19, 2003, City Council approved a revised policy and procedure in
connection with requests from non - profit organizations for tax exemption of
certain property in the City by Resolution 36331- 051903, with an effective date
of January 1, 2003. Based on this policy and procedure, Friendship House
Roanoke, Inc. has provided the necessary information required for applications
for exemptions that would take effect January 1, 2020.
As noted above, the assessed value of the real property is currently $148,400
with annual taxes due of $1,810. In lieu of the $1,810 in real estate taxes, the
organization would agree to pay to the City an annual service charge equal to
twenty percent of the tax levy on the parcel for as long as the exemption
continues. In this case, based on the current assessed value, the service charge
amount would be $362. Consequently, the City would be foregoing $1,448
annually in real estate revenue. There is no service charge levied on personal
property exempted from personal property tax and it would be 100% exempt.
The City would be foregoing $138 in personal property tax revenue.
Commissioner of the Revenue, Sherman Holland, has determined that the
organization is not exempt from paying taxes by classification or designation
under the Code of Virginia. The IRS recognizes the organization as a 501(c)(3)
tax - exempt organization.
Notification of a public hearing to be held December 16, 2019, was duly
advertised in the Roanoke Times.
Recommended Action:
After consideration of comments received at the public hearing, and
determining that granting the exemptions requested is appropriate, adopt an
ordinance to authorize Friendship House Roanoke, Inc. exemptions from real
and personal property taxation pursuant to Article X, Section 6 (a) 6 of the
Con on irg ia, effective January 1, 2020.
- - - - --
Robert . Cowell, .J r.
City Manager
Distribution: Council Appointed Officers
Honorable Sherman A. Holland, Commissioner of the Revenue
Honorable Evelyn W. Powers, City Treasurer
Sherman M. Stovall, Assistant City Manager for Operations
R. Brian Townsend, Assistant City Manager for Community
Development
Amelia C. Merchant, Director of Finance
David Peck, Administrator
Friendship House Roanoke, Inc.
635 Elm Ave., SW Roanoke, VA 24016
N
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
F -mail• rnannkpva_on%
STEPHANIE NI. MOON REYNOLDS, NINIC
Cite Clerk
November 13, 2019
Robert S. Cowell, Jr.
City Manager
Roanoke, Virginia
Dear Mr. Cowell:
CECELIA F. NICCOY, CMC
Depute City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy Cih Clerk
I am attaching copy of an amended petition from Friendship House Roanoke, Inc.,
dated November 12, 2019, which was filed in the City Clerk's Office on Tuesday,
November 12, 2019, requesting exemption from taxation of personal and real property
located at 635 Elm Avenue, S. W., Official Tax Map Nos. 1120519 and 1120520, to be
used exclusively for charitable and benevolent purposes, pursuant to
Section 58.1 -3651, Code of Virginia (1950), as amended.
Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and
recommendation to City Council will have an effective date of July 1st. Petitions
forwarded by October 15 will have an effective date of January 1 st.
Sincerely
'Ce ' T. Webb, CMC
Assistant Deputy City Clerk
Attachment
PC: Faith Dowdy, President and Executive Director, Friendship House Roanoke, Inc.,
635 Elm Avenue, S. W., Roanoke, Virginia 24016
The Honorable Sherman A. Holland, Commissioner of the Revenue
Daniel J. Callaghan, City Attorney
Susan S. Lower, Director, Real Estate Valuation
R. B. Lawhorn, Budget Manager
�P Friendship House Roanoke, Inc.
540 - 343 -5437 635 Elm Ave. SW Roanoke, VA 24016 fhroanoke@gmail.com
Stephanie Moon, City Clerk
Dear Ms. Moon,
After a discussion and review of the organization's business personal property with the
Management and Budget Division and the Commissioner of the Revenue's Office, we would like
to amend our tax exemption petition to now include personal property as well as real estate.
Our property is located at 635 Elm Ave SW Roanoke, VA 24014. Our tax map numbers
are: 1120519 and 1120520.
Thank you for working with us to resolve this matter and move our request forward.
David Peck
Administrator
Friendship House Roanoke, Inc.
Ammended
This is amendment #1 to the application dated October 9, 2019
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN
PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE
CONSTITUTION OF VIRGINIA
TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF
ROANOKE:
1 a. Your Petitioner, Friendship House Roanoke, Inc.
a Virginia, non - stock, not for profit corporation owns certain real property,
located at 635 Elm Ave. SW in the City of Roanoke, Virginia,
which property is City of Roanoke Tax Map ID # 1120519, with a total & 1120520
assessed value of $ 137,000 and a total of $ 1,676.28 in real ($11,000/$134)
property taxes that were paid or would have been paid in the most recent
year, desires to be an organization designated pursuant to the provisions of
Sec. 58.1 -3651, of the Code of Virginia, as amended, in order that the
referenced real property, to be used exclusively for charitable and
benevolent purposes in
an after school program serving around 30 children, a food pantry serving 30 -40
households per week and an apartment for refugee resettlement.
(Describe proposed use of real property, if applicable.)
be exempt from taxation under the provisions of Article X, Section 6
(a)(6) of the Constitution of Virginia so long as your Petitioner is operated
not for profit and the property so exempted is used in accordance with the
purpose for which the Petitioner is classified.
(if requesting exemption for personal property, complete section Lb)
lb. Your Petitioner, Friendship House Roanoke, Inc.
a Virginia, non - stock, not for profit corporation owns certain personal
property, located at 635 Elm Ave. SW in the City of Roanoke,
Virginia, with a total assessed value of $ 4,005 and a total of
$ 138.17 in personal property taxes that were paid or would have been
paid in the most recent year, desires to be an organization designated
pursuant to the provisions of Sec. 58.1 -3651, of the Code of Virginia, as
amended, in order that the referenced personal property, to be used
exclusively for charitable and benevolent purposes in
an after school program serving around 30 children, a food pantry serving 30 -40
households per week and an apartment for refugee resettlement.
(Describe proposed use of personal property, ifapplicaw)
be exempt from taxation under the provisions of Article X, Section 6
(a)(6) of the Constitution of Virginia so long as your Petitioner is operated
not for profit and the property so exempted is used in accordance with the
purpose for which the Petitioner is classified.
2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge
in an amount equal to twenty percent (20 %) of the City of Roanoke tax levy,
which would be applicable to this real estate, were our organization not be tax
exempt, for as long as this exemption continues.
3. Your petitioner acknowledges and agrees that it will immediately notify both
the City of Roanoke Commissioner of the Revenue and the City of Roanoke
Treasurer in writing in each instance when the property, or any portion
thereof, is being leased to a third party and provide the City with a copy of the
fully executed lease. Your petitioner agrees to include a provision in all leases
of the property that such third parties shall be responsible for paying the City
applicable leasehold takes that may be assessed by the City. Petitioner
acknowledges that if the foregoing conditions are not met, the City reserves
the right to terminate the tax exempt status of the property.
4. Your Petitioner, if located within a service district, agrees to pay to the City of
Roanoke an annual service charge equal to the additional service district tax
that would be levied for as long as this exemption continues.
5. Your Petitioner agrees to provide information to the Director of Real Estate
Valuation upon request to allow a triennial review of the tax exempt status of
your Petitioner.
The following questions are submitted for consideration:
1. (Q): Whether the organization is exempt from taxation
pursuant to Section 501 (c) of the Internal Revenue Code of
1954.
(A): Your Petitioner was granted exemption from
taxation pursuant to Section 501 (c) of the Internal Revenue
Code of 1954 on July 9 2019 (eff. date Nov. 8, 2017
2. (Q): Whether a current alcoholic beverage license for
serving alcoholic beverages has been issued by the Alcohol
Beverage Control Board to such organization for use on
such property.
(A): We do not.
3. (Q): Whether any director, officer or employee of the
organization has been paid compensation in excess of a
2
reasonable allowance for salaries or other compensation for
personal services which such director, officer or employee
actually renders.
(A): None are paid in excess.
4. (Q): Whether any part of the net earnings of such
organization inures to the benefit of any individual, and
whether any significant portion of the service provided by
such organization is generated by funds received from
donations, contributions or, local, state or federal grants.
As used in this subsection, donations shall include the
providing of personal services or the contribution of in -kind
or other material services.
(A): Net earnings do not benefit an individual. Donations are used
to benefit the community.
5. (Q): Whether the organization provides services for the
common good of the public.
(A): Your Petitioner provides services for the common
good of the public in as much as it serves children's
(Describe the public service)
developmental needs gives food to families in need and provides
housing to refugees.
6. (Q): Whether a substantial part of the activities of the
organization involves carrying on propaganda, or otherwise
attempting to influence legislation and whether the
organization participates in, or intervenes in, any political
campaign on behalf of any candidate for public office.
(A): We take no part in political campaigns.
7. (Q): Whether any rule, regulation, policy or practice of
the organization discriminates on the basis of religious
conviction, race, color, sex or national origin.
(A): Services are provided without discrimination on any of the
named basis.
8. (Q): Whether there is a significant revenue impact to the
locality and its taxpayers of exempting the property.
(A): Not in our opinion as this has not been a source of tax
revenue for many years.
9. (Q): Any other criteria, facts and circumstances, which
the governing body deems pertinent to the adoption of such
ordinance.
(A): This property has been exempt in the past for the same usage
by the RVBA.
(Provide as necessary).
Note: All tax exemption petitions submitted for consideration by
City Council must be filed with the City Clerk's Office.
THEREFORE, your Petitioner, Friendship House Roanoke Inc. ,
respectfully requests to the Council of the City of Roanoke that this real or
personal property, or both, of your Petitioner be designated exempt from
taxation so long as your Petitioner is operated not for profit and the
property so exempt is used for the particular purposes of providing
an after school program, food pantry and refugee housing.
(Repeat proposed use of property).
Respectfully submitting this
L4,-day N.-J , 201
By:
President / Executive Director
T 19 NOV- $ 2 Pm 4 :53
M
The Roanoke Times
Account Number
Roanoke, Virginia
6017304
Affidavit of Publication
Date
December 09, 2019
SHERMAN M STOVALL, ASSISTANT CITY MGR
456 NOEL C. TAYLOR MUNICIPAL BLDG
215 CHURCH AVENUE SW
ROANOKE, VA 24011
Ad Size Total Cost
Date Category Description
12/1812019 Legal Notices NOTICE OF PUBLIC HEARING Notice is hereby given that tt 1 x 64 L 361.84
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
Publisher of the
NOTICE OF PUBLIC HEARING
Roanoke Times
Notice is hereby given that the City
Roanoke will hold
Council of the City of
a public hearing at its regular meeting
Monday, December the
representative oft the
to be held on
2019, commencing at 7:00 p.m.,
4th Floor, Noel C_
I (the undersigned) an authorized
e
in Roanoke, in the
Council Chamber,
Taylor Municipal Building, 215 Church
Roanoke Times, a daily newspaper published
Avenue, S.W.. Roanoke. Virginia, on the
of an ordinance pursuant to
Virginia, do certify that the annexed notice NOTICE OF
adoption
section 58.1 -3651, Code of Virginia the
(1950), as amended, approving
State of
HEARING was published in said newspapers on the
request of Friendship House Roanoke,
-
PUBLIC
Inc., a Virginia non - stock, non profit
501(c)3 Corporation ("Applicant "), for
following dates:
designation of its real property,
identified as Official Tax Map Nos_
commonly
1120519 and 1120520, and
635 Elm Avenue,
known as
Roanoke, Virginia, as exempt fiio rea
12/09/2019
estate taxation, and app
the Applicant for
request of
designation of its personal property,
whether now exempt acquired, from personal
property taxation.
The total assessed value of
Applicant's real estate for which tax
is being sought.
The First insertion being given .. 12/0912019
exemption .
$148,400.00 for the 2019 tax year. with a
tax of $1,810.00. The loss of revenue
annually, after a 20%
will be $1,448.00,
service charge is levied in lieu of real
Newspaper reference: 000103673
estate taxes.
The total assessed value of
Applicant's personal property for tax
al
Ot O0 a sessment tof r 2019 is
personal property
$138.00 for the 2019 tax year_
All parties
the above date entities
datend
may app ear on
time to be heard on the above matter_
Billing Representative
If you are a person with a disability
who needs accommodations for this
the City Clerk's
this Monday, December 9, 20
public hearing, contact
office at (540) 853 -2541 by 12:00 Noon
sworn to and subscribed before me
on Thursday, December 12, 2019.
GIVEN under my hand this 9th day of
December 2019.
Stephanie M. Moon Reynolds, MMC
City Clerk
(1036739)
Notary Publicjci;;,u��r� 1'1�rrt�
NUl;;PtY N�)(3LiC
,_; Virg",
State of Virginia ( orn rr;nw �aiin
'�' "" ys5(,T021
N alvfz�,�ire,at!�,,
city/County of Roanoke E.x�{rW' J� 31,
Gcmrrdssion
My Commission expires
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing
at its regular meeting to be held on Monday, December 16, 2019, commencing at 7:00 p.m., in the
Council Chamber, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia, on the adoption of an ordinance pursuant to Section 58.1 -3651, Code of Virginia
(1950), as amended, approving the request of Friendship House Roanoke, Inc., a Virginia non - stock,
non -profit 501(c)3 Corporation ( "Applicant "), for designation of its real property, identified as
Official Tax Map Nos. 1120519 and 1120520, and commonly known as 635 Elm Avenue, S.W.,
Roanoke, Virginia, as exempt from real estate taxation, and approving the request of the Applicant
for designation of its personal property, whether now existing or hereafter acquired, as exempt from
personal property taxation.
The total assessed value of Applicant's real estate for which tax exemption is being sought, is
$148,400.00 for the 2019 tax year, with a tax of $1,810.00. The loss of revenue will be $1,448.00,
annually, after a 20% service charge is levied in lieu of real estate taxes.
The total assessed value of Applicant's personal property for tax year 2019 is $4,005.00, with
a total personal property tax assessment of $138.00 for the 2019 tax year.
All parties and interested entities may appear on the above date and time to be heard on the
above matter.
If you are a person with a disability who needs accommodations for this public hearing,
contact the City Clerk's Office at (540) 853 -2541 by 12:00 Noon on Thursday, December 12, 2019.
GIVEN under my hand this 9th day of December 2019.
Stephanie M. Moon Reynolds, MMC
City Clerk
Note to Publisher:
Please publish in full once in the Legal Section of The Roanoke Times, on Monday, December 9,
2019.
Please send affidavit of publication to:
Stephanie M. Moon Reynolds, MMC, City Clerk
41" Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Please send bill to:
Sherman M. Stovall, Assistant City Manager
For Operations
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Far: (540) 853 -1145
STEPHANIE M. MOON REYNOLDS, MMC E -ma il• clerk. roanokeva.gov
City Clerk
October 10, 2019
Robert S. Cowell, Jr.
City Manager
Roanoke, Virginia
Dear Mr. Cowell:
CECELIA F. MCCOY, CMC
Depute City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy Ci" Clerk
I am attaching copy of a petition from Friendship House Roanoke, Inc., dated October 9,
2019, which was filed in the City Clerk's Office on Wednesday, October 9, 2019,
requesting exemption from taxation of real property located at 618 Elm Avenue, S. W.,
Official Tax Map Nos. 1120519 and 1120520, to be used exclusively for charitable and
benevolent purposes, pursuant to Section 58.1 -3651, Code of Virginia (1950), as
amended.
Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and
recommendation to City Council will have an effective date of July 1st. Petitions
forwarded by October 15 will have an effective date of January 1 st.
Sincerely,
elia T. Webb, CMC
Assistant Deputy City Clerk
Attachment
PC: Faith Dowdy, President and Executive Director, Friendship House Roanoke, Inc.,
635 Elm Avenue, S. W., Roanoke, Virginia 24016
The Honorable Sherman A. Holland, Commissioner of the Revenue
Daniel J. Callaghan, City Attorney
Susan S. Lower, Director, Real Estate Valuation
R. B. Lawhorn, Budget Manager
We Friendship House Roanoke, Inc.
540 - 343 -5437 635 Elm Ave. SW Roanoke, VA 24016 fhroanoke@gmail.com
R. B. Lawhorn, Jr., Budget Manager
Cc. Stephanie Moon, City Clerk
Cc. Daniel Callaghan, City Attorney
Dear Mr. Lawhorn,
I am writing today to correct an error on our submission for property tax exemption. Our
property is located at 635 Elm Ave SW Roanoke, VA 24014. Our tax map numbers are: 1120519
and 1120520.
I apologize for the confusion caused by putting the wrong address. Thank you for
working with us to resolve this matter and move our request forward.
David Peck
Administrator
Friendship House Roanoke, Inc.
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANALPWd 'r "t'
RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN
PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE
CONSTITUTION OF VIRGINIA
TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF
ROANOKE:
Ia. Your Petitioner, Nuusa- Roan_okt , T,n L.
a Virginia, non - stock, not f6r profit corporation owns certain real property,
located at (,1$ 61M A&. S b./ in the City of Roanoke, Virginia,
which property is City of Roanoke Tax Map ID # 112051 with a total 't LIL0510.411,000
assessed value of $137,1400 and a total of $ I Op? (.21 in real
property taxes that were paid or would have been paid in the most recent
year, desires to be an organization designated pursuant to the provisions of
Sec. 58.1 -3651, of the Code of Virginia, as amended, in order that the
referenced real property, to be used exclusively for charitable and
benevolent purposes in
(Describe proposed use of real property, if applicable.)
be exempt from taxation under the provisions of Article X, Section 6
(a)(6) of the Constitution of Virginia so long as your Petitioner is operated
not for profit and the property so exempted is used in accordance with the
purpose for which the Petitioner is classified.
(if requesting exemption for personal property, complete section Lb)
1b. Your Petitioner, ,
a Virginia, non - stock, not for profit corporation owns certain personal
property, located at in the City of Roanoke,
Virginia, with a total assessed value of $ and a total of
$ in personal property taxes that were paid or would have been
paid in the most recent year, desires to be an organization designated
pursuant to the provisions of Sec. 58.1 -3651, of the Code of Virginia, as
amended, in order that the referenced personal property, to be used
exclusively for charitable and benevolent purposes in
(Describe proposed use of personal property, if applicable.)
be exempt from taxation under the provisions of Article X, Section 6
(a)(6) of the Constitution of Virginia so long as your Petitioner is operated
not for profit and the property so exempted is used in accordance with the
purpose for which the Petitioner is classified.
2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge
in an amount equal to twenty percent (20 %) of the City of Roanoke tax levy,
which would be applicable to this real estate, were our organization not be tax
exempt, for as long as this exemption continues.
3. Your Petitioner, if located within a service district, agrees to pay to the City of
Roanoke an annual service charge equal to the additional service district tax
that would be levied for as long as this exemption continues.
4. Your Petitioner agrees to provide information to the Director of Real Estate
Valuation upon request to allow a triennial review of the tax exempt status of
your Petitioner.
The following questions are submitted for consideration:
(Q): Whether the organization is exempt from taxation
pursuant to Section 501 (c) of the Internal Revenue Code of
1954.
(A): Your Petitioner was granted exemption from
taxation pursuant to Section 501 (c) of the Internal Revenue
Code of 1954 on 114 , 2,011 (6-9, 4 c silo✓• 1, U17)
(Q): Whether a current alcoholic beverage license for
serving alcoholic beverages has been issued by the Alcohol
Beverage Control Board to such organization for use on
such property.
(A): L✓4 c(o
(Q): Whether any director, officer or employee of the
organization has been paid compensation in excess of a
reasonable allowance for salaries or other compensation for
personal services which such director, officer or employee
actually renders.
(A): AIOAR- Otre, fJl�i� in ¢�c�eiS.
4. (Q): Whether any part of the net earnings of such
organization inures to the benefit of any individual, and
whether any significant portion of the service provided by
2
such organization is generated by funds received from
donations, contributions or, local, state or federal grants.
As used in this subsection, donations shall include the
providing of personal services or the contribution of in -kind
or other material services.
(A): AL , «s do not 6ntf;f aln ����v;� ✓..�.
IV1410r1 art vtt t 4-0 benep+ ike GoMrwh;bf,
(Q): Whether the organization provides services for the
common good of the public.
(A): Your Petitioner provides services for the common
good of the public in as much as it jeetlG3 e wje4jn )
1 (Describe the public service)
�evenlem.�-a� neea�TivtS fVWA %o
avid pravidts kavS hn ofekoe4y.
6. (Q): Whether a substantial part of the activities of the
organization involves carrying on propaganda, or otherwise
attempting to influence legislation and whether the
organization participates in, or intervenes in, any political
campaign on behalf of any candidate for public office.
(A): l.✓c +,jke ho nark' i^ a2j,,AeS or
7. (Q): Whether any rule, regulation, policy or practice of
the organization discriminates on the basis of religious
conviction, race, color, sex or national origin.
(A): Stry; c,rs Girt ,vwl j4j w, tk o ✓f d; *.Ar; m,. rw�: ev%
o� un,, o-F Kt. nA. I basis .
8. (Q): Whether there is a significant revenue impact to the
locality and its taxpayers of exempting the property.
(A): Flo. if hk, bin .cve.,0� Q, ..Iy%y ymey.
9. (Q): Any other criteria, facts and circumstances, which
the governing body deems pertinent to the adoption of such
ordinance.
(A): Th.) bvjl.lthy 41 bee, &xr.,1t in file. ORff fog`
Al, 4,m& NG4i ✓i {i`) ,
(Provide as necessary).
Note: All Tax Exemption Petitions must be filed with the City
Clerk's Office.
3
THEREFORE, your Petitioner, rr, ewd &p U(x/se, E#14AAe„ -TnL.
respectfully requests to the Council of the City of Roanoke that this real or
personal property, or both, of your Petitioner be designated exempt from
taxation so long as your Petitioner is operated not for profit and the
property so exempt is used for the particular purposes of providing
Alk CLAW SAA 6tvAram. fuoa O&IM -r4 GwJ it�✓gtf. 6W5'kY%A.
(Repeat proposed use ofproperdv).
Respectfully submitting this
day Otjv6er, 201.
� J
By: h
President Ea¢c ✓E;✓ ;r���r�
11
COMMISSIONER OF THE REVENUE
n °tiM CITY OF ROANOKE
SHERMAN A. HOLLAND
Commissioner
GREGORY S. EMERSON
Chief Deputy
September 27, 2019
Mr. David Peck
Vice President, Board of Directors
Friendship House Roanoke, Inc.
635 Elm Ave., SW
Roanoke, VA 24016
Re: Exemption of property located at 635 Elm Ave., SW
Parcel Nos. 1120519 & 1120520
Dear Mr. Peck,
We received your letter requesting tax exemption from real estate taxes from the
City of Roanoke on the above captioned property. The above property is currently being
taxed by the City of Roanoke for real estate taxes for the 2019 -20 tax year. Based on the
information submitted, this property is not eligible for exemption by classification or
designation. However, you may submit a petition to the City Clerk's Office to apply for
the exemption for non - profit organizations through City Council. They can be reached at
(540) 853 -2541. If you have further questions about the process, please contact the
Department of Finance's Management and Budget Division at 853 -6800. Their staff will
arrange to meet with you to discuss the pertinent information to consider as well as
review the sample petition and documentation that must be completed and/or included in
the submittal packet.
Should you have any additional questions please do not hesitate to call.
Sincerely,
Sherman A. Holland
Commissioner of the Revenue
SAH /jec
Cc: Stephanie Moon Reynolds, City Clerk
R.B. Lawhorn, Dept. of Finance's Management and Budget Division
215 Church Avenue SW, Room 251 * Roanoke, Virginia 24011
Phone (540) 853 -2521 * Fax (540) 853 -1115 * www.roanokegov.com
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 2019.
No. 41646- 121619.
AN ORDINANCE authorizing the City Manager to execute the necessary documents
providing for the sale and conveyance of a vacant parcel of City -owned property located at 715
Franklin Road, S.W., Roanoke, Virginia, bearing Official Tax Map No. 1020233 ( "Property ") to
Assisi Animal Clinics of Virginia, Inc., a Virginia corporation ( "Buyer "), upon certain terms and
conditions; and dispensing with the second reading of this Ordinance by title.
WHEREAS, a public hearing was held on December 16, 2019, pursuant to § §15.2 -1800
and 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and
citizens were afforded an opportunity to be heard on such sale and conveyance.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
I . The City Manager is hereby authorized, for and on behalf of the City, to execute a
Special Warranty deed and all other necessary documents, in a form approved by the City
Attorney, providing for the sale and conveyance of the Property to Buyer, for the sum of $10.00,
and as more particularly stated in the City Council Agenda Report dated December 16, 2019.
2. All documents necessary for this conveyance shall be in form approved by the
City Attorney.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
9 ATT T:
City Clerk.
O- Authorize Sale and Conveyance to Assisi Animal Clinics of Virginia, Inc — 715 Franklin Rd (12.16.19)
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: December 16, 2019
Subject: Sale of City -owned Land located at 715 Franklin Rd., S.W., Also
Known as Official Tax Map Number1020233 to Assisi Animals
Clinics of Virginia, Inc.
Background:
The City of Roanoke is proposing to sell a vacant parcel of land located at 715
Franklin Rd., SW and also known as Official Tax Map Number 1020133 (Property)
to Assisi Animals Clinics of Virginia, Inc. The Property contains approximately 808
square feet, more or less, and has a current tax assessed value of $6,800.
Angels of Assisi is a 501(c) 3 nonprofit, established in 2001. The agency started
as a low cost spay /neuter clinic to address the issues of pet overpopulation. They
purchased their current property at 415 Campbell Ave in 2003, and have since
opened an adoption center, full service vet clinic, and are a resource to both
animal control, RCACP, and to the public to provide affordable veterinary care.
Plans are to move to the property located on the corner of Franklin and Elm and
expand on the current services being offered to the community. The city -owned
property is proposed to be conveyed for $10 and other consideration set forth in
the proposed agreement attached to this report.
Recommended Action:
After consideration of comments received at the public hearing and absent
comments at the public hearing needing further consideration, authorizing the
City Manager to execute the proposed agreement, substantially in the form
attached hereto, and execute and deliver all closing documents and take such
other actions to effectuate the proposed agreement. All documents are subject
to approval as to form by the City Attorney.
- -= - --- --------------- - - --
Robert S. Cowell, jr.
City Manager
Attachment
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community
Development
Rob Ledger, Director, Economic Development
Amelia C. Merchant, Director of Finance
Cassandra L. Turner, Economic Development Specialist
Laura M. Carini, Assistant City Attorney
CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY
This Contract for Purchase and Sale of Real Property ( "Contract ") is dated this day
of December, 2019 (the "Effective Date "), by and between the CITY OF ROANOKE,
VIRGINIA, a Virginia municipal corporation with an address of 364 Noel C. Taylor Municipal
Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011 ( "Seller "), and ASSISI ANIMAL
CLINICS OF VIRGINIA, INC., a Virginia corporation ( "Buyer ") (Buyer and Seller are
collectively referred to herein as the "Parties ").
RECITALS:
WHEREAS, Seller is the owner of certain real property located in the City of Roanoke,
Virginia, at 715 Franklin Road, S.W., bearing Official Tax Map No. 1020233, containing
approximately 808 square feet, more or less ( "Property "), as such real property is described
herein; and
WHEREAS, Buyer is desirous of purchasing the Property from Seller to use to expand its
operations of an animal adoption center and veterinary care clinic, and Seller desires to sell the
Property to Buyer for such purpose upon the terms and conditions set forth below.
THEREFORE, for and in consideration of the mutual covenants and conditions herein
set forth, and other good and valuable consideration, the receipt and sufficiency of which is
acknowledged by the Parties hereto, and the above recitals which are incorporated herein, the
Parties agree as follows:
SECTION 1. DEFINITIONS.
Unless the context otherwise specifies or requires, for the purpose of this Contract, the following
terms shall have the meanings set forth in this Section.
Closing: The consummation of this Contract by Seller's delivery to the Buyer of a Quitclaim
Deed to the Property.
Closing Date: The date provided for in Section 7 hereof for the Closing.
Davis: Unless otherwise stated, this term means consecutive calendar days.
Effective Date: The date listed in the first paragraph of this Contract.
Improvements: Any and all improvements, and all appurtenances thereto, located on the
Property at the time of Closing.
Property: The property, together with any improvements thereon, located at 715 Franklin Road,
S.W., bearing Official Tax Map No. 1020233, consisting of an approximate aggregate total
amount of 808 square feet, more or less, as further described in the legal description attached as
Exhibit 1.
Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be
issued by a Title Company.
Title Company: Any nationally recognized title insurance company acceptable to Buyer.
SECTION 2. PURCHASE AND SALE OF PROPERTY.
A. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property
from Seller, upon all the terms, covenants, and conditions set forth in this Contract.
B. The purchase price for the Property ( "Purchase Price ") shall be $10.00, payable in cash or
certified check from Buyer to Seller at Closing.
SECTION 3. CONDITIONS FOR COMPLETION OF CONTRACT.
A. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to
perform any obligations provided for in this Contract, the Seller, as of the Closing, shall
have complied with the Seller's representations and warranties in Section 6 of this
Contract, and the fulfillment to the Buyer's reasonable satisfaction of the Seller's
delivery to Buyer on the Closing Date of title to the Property and other documents as
prescribed in Section 4. As a condition precedent to Seller's obligation to sell the
Property or otherwise perform any obligations provided for in this Contract, the Buyer, as
of the Closing, shall have complied with the Buyer's obligations, representations, and
warranties in this Contract.
B. Buyer and or Seller may, at any time on or before the Closing Date, at its election, waive
in writing any of the other party's conditions precedent referenced in this Section 3, and
Buyer's and Seller's consummation of the transaction on the Closing Date shall waive all
such conditions precedent.
C. In the event Closing has not occurred through no fault of the Seller on or before the
Closing Date, the Seller, at its sole election, by written notice given to the Buyer, may
terminate this Contract. Seller, at its sole option, may also by written notice to Buyer
give Buyer an additional amount of time from the Closing Date in which to deliver the
Purchase Price and proceed with Closing. If Closing has not occurred within such
additional time period through no fault of the Seller, this Contract shall automatically be
terminated without any further action. In the event of any termination as set forth above,
this Contract shall be deemed terminated and of no further force and effect.
D. Buyer shall have no more than sixty (60) Days after the date of this Contract as a
Feasibility Period (Feasibility Period) during which Buyer shall have the right to enter the
Property to investigate all aspects of the Property to make such marketing, financial,
surveying, architectural, engineering, topographical, geological, soil, subsurface,
environmental, water drainage, and traffic studies and any other audits, investigations,
inspection, evaluations, studies, tests, borings, and measurements as Buyer deems
necessary or advisable to determine whether there exist any issues with that would
prevent Buyer's intended use of the Property. Should Buyer determine during such
Feasibility Period that the Property cannot be used by the Buyer due to any of the
2
problems outlined above in this section, Buyer shall notify the Seller in writing as soon as
possible, but in no event not later than five (5) Days after the end of such Feasibility
Period, of Buyer's decision to terminate the Contract for such reason. In such case, this
Contract shall thereupon be terminated and of no further force and effect, unless Seller
and Buyer mutually agree to modify this Contract to address any such issues.
E. In connection with the Buyer's ability to conduct its Feasibility review mentioned above,
the Seller hereby grants to Buyer, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives, and consultants, a revocable right to
enter upon the Property at any time during the Feasibility Period, upon one (1) working
day prior written notice to the Seller, in order to survey, make test borings, and carry out
such other examinations, exploratory work, or testings as may be necessary to complete a
Phase I and Phase I1 Environmental Assessments, or geotechnical assessments, or
nondestructive engineering evaluations of the Property upon the following terms and
conditions:
(i) If the Buyer exceeds its rights granted under this Section or fails to obtain and
maintain the insurance required by this Section 3, the Seller may immediately revoke this
right of entry.
(ii) Buyer agrees to be responsible for any and all damages resulting from the activity
or activities of Buyer, its officers, agents, employees, contractors, subcontractors,
licensees, designees, representatives and consultants, on the Property in the exercise of
the rights granted under this Section 3. Buyer shall, at its sole cost, promptly and fully
restore any land disturbed by the exercise of the rights under this Section 3 to a condition
equal to that existing immediately prior to entry on the Property and to restore any part of
the Property that Seller determines was substantially damaged by Buyer's actions.
(iii) Buyer agrees that it shall indemnify, keep and hold the Seller and its officers,
agents, employees, volunteers, and representatives free and harmless from any and all
liability, claims, causes of action, costs and damages of any type, including attorney's
fees, on account of any injury or damage of any type to any person or property growing
out of or directly or indirectly resulting from any act or omission of Buyer, or Buyer's
contractors and assigns including, but not limited to, Buyer's use of the Property in
violation of any provision of this Contract or the exercise of any right or privilege granted
by or under this Section 3. Buyer may fulfill its indemnity obligation to the City
hereunder by presenting a Certificate of Insurance satisfactory to the City in all respects
in the sole discretion of the City, indicating that (1) the insurance coverages required by
this Contract are in place, and (2) that the City is covered as an additional insured under
such coverages. In the event that any suit or proceeding shall be brought against the
Seller or any of its officers, employees, agents, volunteers, or representatives, at law or in
equity, either independently or jointly with Buyer, its officers, agents, employees,
contractors, subcontractors, licensees, designees, representatives and consultants, on
account thereof, Seller shall provide Buyer with notice of such suit or proceeding and
Buyer, upon notice given to it by the Seller or any of its officers, employees, agents,
volunteers or representatives, will pay all costs of defending the Seller or any of its
officers, employees, agents, volunteers or representatives in any such action or other
proceeding. In the event of any settlement or any final judgment being awarded against
3
the Seller or any of its officers, employees, agents, volunteers or representatives, either
independently or jointly with Buyer, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives and consultants, in any such suit or
proceeding in which Seller has provided notice to Buyer, then Buyer will pay such
settlement or judgment in full or will comply with such order or decree, pay all costs and
expenses of whatsoever nature, including attorney's fees, and hold the Seller or any of its
officers, employees, agents, volunteers or representatives harmless therefrom.
(iv) Buyer shall, at its sole expense, obtain and maintain, and have its contractors or
representatives obtain and maintain, the insurance set forth below. Any required
insurance shall be effective prior to the beginning of any work or other performance by
Buyer under this Section 3. The following policies and coverages are required:
(a) Commercial General Liability. Commercial General Liability insurance,
written on an occurrence basis, 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 acts or omissions of Buyer, its,
contractors, employees, agents, and representatives. The minimum limits
of liability for this coverage shall be $1,000,000 per occurrence and
$2,000,000 general aggregate.
(b) Contractual Liability. Broad form Contractual Liability insurance shall
include the indemnification obligation set forth above.
(c) Workers' Compensation. Workers' Compensation insurance covering the
statutory obligations of the Buyer, and its contractors and representatives
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 Section 3. Minimum limits of liability for Employer's Liability shall
be $100,000 bodily injury by accident each occurrence; $500,000 bodily
injury by disease (policy limit); and $100,000 bodily injury by disease
(each employee). With respect to Workers' Compensation coverage, the
insurance company shall waive rights of subrogation against the Seller, its
officers, employees, agents, volunteers and representatives.
(d) Automobile Liability. The minimum limit of liability for Automobile
Liability Insurance shall be $1,000,000 combined single limit applicable
to owned or non -owned vehicles used in the performance of any work
under this Section 3 and shall be written on an occurrence basis.
(v) The insurance coverages and amounts set forth above may be met by an umbrella
liability policy following the form of the underlying primary coverage in a minimum
amount of $1,000,000. 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 this section, and it is further agreed that such statement shall be made a part
of the certificate of insurance furnished by Buyer to the Seller.
4
(vi) All insurance shall also meet the following requirements:
(a) Buyer shall furnish the Seller a certificate of insurance and any applicable
endorsements showing the type, amount, effective dates and date of
expiration of the policies. All such insurance shall be primary and
noncontributory to any insurance or self - insurance the Seller may have.
(b) The Buyer shall immediately notify the City in writing if any of the
insurance policies or coverages required, including those of subcontractors
and representatives, are canceled or materially altered, and shall
immediately replace such insurance and provide documentation of such to
the City.
(c) The required insurance policies and coverages, except as to Workers'
Compensation and Employer's liability, shall name the City, its officers,
employees, agents, volunteers and representatives as additional insureds,
and an endorsement from the insurer to this effect shall be received by the
Risk Management Officer of the City within thirty (30) days of the date of
this Contract.
(d) Where waiver of subrogation is required with respect to any policy of
insurance required under this Section 3, such waiver shall be specified on
the certificate of insurance.
(e) Insurance coverage shall be in a form and with an insurance company
approved by the Seller, which approval shall not be withheld
unreasonably. Any insurance company providing coverage under Section
3 shall be authorized to do business in the Commonwealth of Virginia.
Buyer shall provide Seller's Risk Manager with not less than thirty (30)
Days advance notice of cancellation or material alteration of any of the
above required insurance coverage.
Upon the request of Seller, Buyer, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives and consultants, shall within a
reasonable period of time after receipt of any preliminary or final survey, test results or
conclusory reports and opinion statements, deliver copies of same to Seller. If Seller so
requests, Buyer shall also turn over copies of raw data obtained and any laboratory and
observation reports or analyses. Such copies of all the above shall be provided to Seller
without charge.
F. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees,
representatives and consultants, shall at all times comply with all applicable federal, state,
and local laws, rules, and regulations. Buyer, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives and consultants, prior to exercising
any rights under Section 3, shall obtain, at their cost, any and all required permits and/or
licenses for any such work.
5
G. The Parties acknowledge and agree that the Closing is subject to Roanoke City Council
authorizing the sale of the Property to Buyer, after holding a public hearing, and that such
authorization is a condition precedent to Seller's obligation to close on the Property. In
the event Roanoke City Council does not authorize the acquisition of the Property by
Buyer, this Contract shall terminate and be of no further effect without any liability being
incurred by Seller to Buyer. Buyer acknowledges and agrees that it will pay for all costs
of advertising the public hearing, and such other out of pocket expenses incurred by
either party in seeking Council approval.
SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS.
A. Seller agrees that it will do the following:
(i) Seller agrees to sell to Buyer the Property by executing a Quitclaim Deed, and
Settlement Statement. The closing documents shall be prepared by Seller.
B. Buyer agrees and promises that it will do and/or has done the following:
(i) Buyer shall purchase the Property from the Seller AS IS, WHERE IS, subject to
all easements, restrictions, and covenants of record, for the total combined
Purchase Price of Ten and no`100 Dollars ($10.00) and will make payment in
accordance with the terms of this Contract
(ii) Buyer acknowledges and agrees that Seller makes no representations or
warranties with respect to the Property other than what is contained within this
Contract.
(iii) Buyer agrees that Buyer is taking the Property without any warranties or
representations from Seller and that Buyer has had sufficient opportunities to fully
examine the Property and that the Buyer shall comply with all environmental and
other laws.
SECTION 5. ASSIGNMENT.
Buyer agrees not to assign or transfer any part of this Contract without the prior written consent
of the Seller, which will not be unreasonably withheld, and any such assignment shall not relieve
Buyer from any of its obligations under this Contract.
SECTION 6. COVENANTS AND WARRANTIES.
A. In addition to any representations and warranties contained elsewhere in this Contract,
Seller warrants and represents that Seller will, in accordance with this Contract, convey
title to the Property to Buyer in an AS IS, WHERE IS, condition and subject to any
items of record and any matters disclosed by any survey Buyer desires to complete in its
discretion at Buyer's sole cost.
6
B. The Seller further represents and warrants with respect to the Property that:
(i) Title. Seller has title to the Property subject to any restrictions, covenants, and
easements of record and any matters which a survey would disclose. Seller is the
sole owner of the Property.
(ii) Condemnation. Seller has no knowledge of any pending or threatened
proceedings for condemnation or the exercise of the right of eminent domain as to
any part of the Property or the limiting or denying of any right of access thereto.
(ii) Hazardous Materials. Seller makes no warranties or representations of any type
regarding hazardous materials of any type.
SECTION 7. TITLE AND CLOSING.
A. Title to the Property shall be conveyed by Seller to Buyer by Quitclaim Deed in an AS
IS, WHERE IS, condition (the "Deed ") subject to the following: _
(i) Ad valorem real property taxes for the current year, not yet due and payable,
stormwater utility fees, for the current year, not yet due and payable, and solid
waste fees, for the current year, not yet due and payable;
(ii) Those matters of title to which Buyer has not objected to in writing;
(iii) Those matters reflected on any survey Buyer obtains to which Buyer has not
objected to in writing;
(iv) Easements and other restrictions of record as of the date of execution of this
Contract by Seller;
(v) Liens and objections shown on any Title Commitment Buyer obtains;
(vi) Other customary and usual exceptions not adversely affecting title; and
B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness
on the Closing Date of the Title Company to issue, upon payment of its normal premium,
to Buyer its A.L.T.A. (Form B) Owner's Policy of Title Insurance (the "Title Policy ")
insuring Buyer in the amount of the Purchase Price in respect to the Property and that title
to the Property is vested in Buyer subject only to the Conditions of Title. Obtaining a
Title Policy is discretionary by Buyer.
C. Buyer and Seller shall consummate and complete the Closing of this transaction within
thirty (30) Days after completion of the Feasibility Period set forth in Section 3 of this
Contract, provided however, the Parties may agree to conduct the Closing sooner. The
Buyer shall designate the specific Closing date in writing to Seller at least ten (10)
business days in advance thereof (the "Closing Date ").
D. The purchase and sale of the Property shall be closed (the "Closing ") at 10:00 A.M. on
the Closing Date in the Office of the City Attorney, or at such other location, date, and
time as shall be approved by Buyer and Seller.
(i) On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the
following documents:
(a) Its duly executed and acknowledged Quitclaim Deed conveying to Buyer
the Property in accordance with the provisions of this Contract;
(b) A duly executed counterpart of a Closing Statement; and
(c) Any other items required to be delivered pursuant to this Contract.
E. At Closing, real property taxes (if any), stormwater utility fees, and solid waste fees shall
be prorated with Buyer being responsible for all periods thereafter.
F. Buyer shall pay for (i) the cost of all investigations of the Property including but not
limited to examination of title and title insurance premiums for issuance of the Title
Policy (if Buyer decides to purchase such policy); (ii) all attorney's fees and expenses
incurred by legal counsel to Buyer; and (iii) any Grantee's tax and recording costs
required to be paid in connection with the recording of the Deed.
G. Exclusive possession of the Property shall be delivered to Buyer on the Closing Date,
subject to the provisions of this Contract.
SECTION 8. RISK OF LOSS.
Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed, except if
such loss is the result of acts or omissions of the Buyer or Buyer's employees, agents,
contractors, or representatives, in which case such loss shall be Buyer's responsibility. Provided,
however, if the Property is substantially damaged or destroyed before Closing by such casualty,
then either party may cancel this Contract by giving the other party thirty (30) Days written
notice of such cancellation and neither party will have any further obligations to the other and
Seller shall not be liable to the Buyer for any failure to deliver the Property to Buyer.
SECTION 9. COMMISSIONS.
Seller and Buyer each warrant and represent to the other that their sole contact with the other or
with the Property regarding this transaction has been directly between themselves and their
employees. Seller and Buyer warrant and represent that no person or entity can properly claim a
right to a commission, finder's fee, or other compensation based upon contracts or
understandings between such claimant and Buyer or Seller with respect to the transaction
contemplated by this Contract. Both parties agree to be responsible for any claim, loss, cost, or
expense, including, without limitation, attorneys' fees, resulting from any claim for a
commission, finder's fee, or other compensation asserted against such party by any person or
entity based upon such contacts or understandings.
SECTION 10. NOTICES.
All notices hereunder must be in writing and shall be deemed validly given, by personal service,
if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier,
addressed as follows (or any other address the party to be notified may have designated to the
sender by like notice):
If to Seller: City of Roanoke, Virginia
ATTN: City Manager
364 Noel C. Taylor Municipal Building
215 Church Avenue, SW
Roanoke, Virginia 24011
Telephone 540- 853 -2333
If to Buyer: Assisi Animal Clinic of Virginia, Inc.
ATTN: Executive Director
415 Campbell Ave SW,
Roanoke, VA 24016
Telephone__________
Notice shall be deemed delivered upon the date of personal service, two days after deposit in
the United States mail, or the day after delivery to a nationally recognized overnight courier.
SECTION 11. TIME.
Time is of the essence in the Parties' respective obligations under this Contract.
SECTION 12. COUNTERPART COPIES.
This Contract may be executed in one or more counterparts, and all such counterparts so
executed shall constitute one Contract binding on all of the parties hereto, notwithstanding that
all of the parties are not signatory to the same counterpart.
SECTION 13. CONSTRUCTION.
The Parties acknowledge that each party and its counsel have reviewed and revised this
Contract and that the normal rule of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Contract
or any amendments or exhibits hereto.
SECTION 14. SEVERABILITY AND SURVIVAL
If any term of this Contract is found to be invalid, such invalidity shall not affect the
remaining terms of this Contract, which shall continue in full force and effect. The Parties
intend for the provisions of this Contract to be enforced to the fullest extent permitted by
applicable law. Accordingly, the Parties agree that if any provisions are deemed not
0
enforceable by any court or agency of competent jurisdiction, they shall be deemed modified
to the extent necessary to make them enforceable. ALL TERMS AND CONDITIONS OF
THIS CONTRACT SHALL SURVIVE CLOSING.
SECTION 15. COOPERATION.
Each party agrees to cooperate with the other in a reasonable manner to carry out the intent
and purpose of this Contract.
SECTION 16. AUTHORITY TO SIGN.
The persons who have executed this Contract on behalf of the Parties represent and warrant
they are duly authorized to execute this Contract on behalf of their respective entity.
SECTION 17. NONWAIVER.
Each party agrees that any party's waiver or failure to enforce or require performance of any
term or condition of this Contract or any party's waiver of any particular breach of this
Contract by any other 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 the Contract by any party and does not bar the nondefaulting party from requiring
the defaulting party to comply with all the terms and conditions of this Contract and does not
bar the nondefaulting party from asserting any and all rights and/or remedies it has or might
have against the defaulting party under this Contract or by law.
SECTION 18. FORCE MAJEURE.
Neither party shall be in default or otherwise liable for any delay in or failure of its
performance under this Contract if such delay or failure arises by any reason beyond its
reasonable control, including any act of God, any acts of common enemy, the elements,
earthquakes, floods, fires, epidemics, riots, strikes, failures or delay in transportation or
communication, shortages of material, approval delays or any act or failure to act by the other
party or such other party's employees, agents or contractors; provided, however, that lack of
funds shall not be deemed to be a reason beyond a party's reasonable control. The Parties
shall promptly inform and consult with each other as to any of the above causes which in their
judgment may or could be the cause of a delay in the performance of this Contract.
For purposes of this Contract, any one (1) delay caused by any such occurrence shall not be
deemed to last longer than four (4) months and the party claiming delay caused by any and all
such occurrences shall give the other party written notice of the same within 30 days after the
date such claiming party learns of or reasonably should have known of such occurrence.
Notwithstanding anything else set forth above, after a total of six (6) months of delays of any
type have been claimed by a party as being subject to force majeure, no further delays or
claims of any type shall be claimed by such party as being subject to force majeure and/or
being an excusable delay.
a
SECTION 19. ENTIRE CONTRACT.
This Contract, together with the exhibits hereto, contains all representations and the entire
understanding between the Parties hereto with respect to the subject matter hereof. Any prior
correspondence, memoranda, or contracts are replaced in total by this Contract and the
exhibits hereto. No amendment to this Contract shall be valid unless made in writing and
signed by the Parties.
(SIGNATURE PAGE TO FOLLOW)
IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized
representatives.
ATTEST: CITY OF ROANOKE, VIRGINIA
By--
Robert S. Cowell, Jr., City Manager
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE, to-wit:
The foregoing instrument was acknowledged before me this _day of __, 2019, by
Robert S. Cowell, Jr., City Manager for the City of Roanoke, Virginia for and on behalf of
said Municipal Corporation.
My commission expires:
WITNESS. ATTEST:
Printed Name
Notary Public
SEAL
ASSISI ANIMAL CLINICS OF VIRGINIA, INC., a
Virginia corporation
By:
Printed Name:-,-,.
Title:_
COMMONWEALTH OF VIRGINIA
CITY COUNTY OF ROANOKE, to-wit:
The foregoing instrument was acknowledged before me this —day of
the Assisi
Animal Clinics of Virginia, a Virginia corporation, for and on behalf of Assisi Animal Clinics
of Virginia, a Virginia corporation .
12
My commission expires:
Notary Public
SEAL
Approved as to Form: Approved as to Execution:
City Attorney City Attorney
Authorized by Ordinance No.
13
EXHIBIT 1
LEGAL DESCRIPTION
That certain parcel of land, designated as Roanoke Official Tax Map No. 1020233, containing
approximately 808 square feet.
Being a portion of the same property conveyed by the Commonwealth of Virginia to the City
of Roanoke by quitclaim deed dated August 16, 1993, on record in the Clerk of Circuit Court's
Office for the City of Roanoke in Deed Book 1700, Page 01142.
14
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
SHERMAN M STOVALL, ASSISTANT CITY MGR
456 NOEL C. TAYLOR MUNICIPAL BLDG
215 CHURCH AVENUE SW
ROANOKE, VA 24011
Account Number
6017304
Date
December 09, 2019
Date Category Description Ad Size Total Cost
12/18/2019 Legal Notices NOTICE OF PUBLIC HEARING The City of Roanoke (City) p 1 x 62 L 352.72
All parties and interested entities
��rt-
may appear on the above date and
time to be heard on the above matter.
If you are a person with a disability Billing Representative
who needs accommodations for this
hearing, please contact the City Clerk's
Office at (540) 853 -2541, before 12:00
Noon on Thursday, December 12, 2019. Sworn to and subscribed before me this Monday, December 9, 2019
Given under my hand this 9th day of I
December 2019. 1
Stephanie M_ Moon Reynolds, MMC
City Clerk
(1036452)
Notary Public
State of Virginia
NOT'Ry r U50C
City /County of Roanoke
My Commission expires
Com�nr�slor5 C. e,a .
,ry3�,'�o2T
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
Publisher of the
NOTICE OF PUBLIC HEARING
Roanoke Times
The City of Roanoke (City) proposes
to sell a vacant parcel of City -owned
property located at 715 Franklin Road,
S.W., bearing Official Tax Map No.
1020233 (Property), to Assisi Animal
I, (the undersigned) an authorized representative of the
Clinics of Virginia, Inc., a Virginia
corporation (Buyer), pursuant to the
Roanoke Times a daily newspaper published in Roanoke, in the
terms of a proposed Contract for
Purchase and Sale of Real Property
State Virginia, do certify that the annexed notice NOTICE OF
(Contract), for the Property to be used
of
as an animal adoption center and
PUBLIC HEARING was published in said newspapers on the
veterinary care clinic.
Pursuant to the requirements of
following dates:
Sections 15.2- 1800.B and 15.2 -1813,
Code of Virginia (1950), as amended,
notice is hereby given that the Council
of the City of Roanoke will hold a public
hearing on December 16, 2019, at 7:00
12/09/2019
p.m., or as soon thereafter as the
matter may be heard, in the Council
Chamber, 4th Floor, Room 450, Noel C.
Taylor Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia 24011,
on the proposed Contract, for the sum
of $10.00, together with other
consideration and performance of
other obligations by Buyer.
The First insertion being given ... 12/09/2019
A copy of the proposed Contract and
Ordinance will be available at the City
Clerk's Office, Room 456, Noel C_ Taylor
Municipal Building, 215 Church Avenue,
Newspaper reference: 0001036452
S-W., Roanoke, Virginia 24011, on ana
after Monday, December 9, 2019. For
further information on the matter, you
may contact the City Clerk's Office at
(540) 853 -2541.
n
All parties and interested entities
��rt-
may appear on the above date and
time to be heard on the above matter.
If you are a person with a disability Billing Representative
who needs accommodations for this
hearing, please contact the City Clerk's
Office at (540) 853 -2541, before 12:00
Noon on Thursday, December 12, 2019. Sworn to and subscribed before me this Monday, December 9, 2019
Given under my hand this 9th day of I
December 2019. 1
Stephanie M_ Moon Reynolds, MMC
City Clerk
(1036452)
Notary Public
State of Virginia
NOT'Ry r U50C
City /County of Roanoke
My Commission expires
Com�nr�slor5 C. e,a .
,ry3�,'�o2T
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
P�IL
NOTICE OF PUBLIC HEARING
The City of Roanoke (City) proposes to sell a vacant parcel of City -owned property
located at 715 Franklin Road, S.W., bearing Official Tax Map No. 1020233 (Property), to Assisi
Animal Clinics of Virginia, Inc., a Virginia corporation (Buyer), pursuant to the terms of a
proposed Contract for Purchase and Sale of Real Property (Contract), for the Property to be used
as an animal adoption center and veterinary care clinic.
Pursuant to the requirements of Sections 15.2 - 1800.13 and 15.2 -1813, Code of Virginia
(1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a
public hearing on December 16, 2019, at 7:00 p.m., or as soon thereafter as the matter may be
heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building,
215 Church Avenue, S.W., Roanoke, Virginia 24011, on the proposed Contract, for the sum of
$10.00, together with other consideration and performance of other obligations by Buyer.
A copy of the proposed Contract and Ordinance will be available at the City Clerk's
Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke,
Virginia 24011, on and after Monday, December 9, 2019. For further information on the matter,
you may contact the City Clerk's Office at (540) 853 -2541.
All parties and interested entities may appear on the above date and time to be heard on
the above matter.
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,
December 12, 2019.
Given under my hand this 9th day of December 2019.
Stephanie M. Moon Reynolds, MMC
City Clerk
Note to Publisher:
Please publish once in The Roanoke Times, Legal Notices, on Monday, December 9, 2019.
Please send affidavit of publication to:
Stephanie M. Moon Reynolds, MMC, City Clerk
0 Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Phone: (540) 853 -2541
Send Invoice to:
R. Brian Townsend, Assistant City Manager
3rd Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011
Phone: (540) 853 -2333
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 2019.
No. 41647- 121619.
AN ORDINANCE authorizing the City Manager to execute a lease extension agreement
with Old Southwest, Inc. ("OSW, Inc. "), for the lease of a parcel of City -owned property located
at 641 Walnut Avenue, S.W., Roanoke, Virginia, known as the historic Alexander -Gish House,
bearing Official Tax Map No. 1131001 ( "Property "); and dispensing with the second reading of
this ordinance by title.
WHEREAS, a public hearing was held on December 16, 2019, pursuant to Sections 15.2-
1800 and 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest
and citizens were afforded an opportunity to be heard on the proposed lease.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized to execute a lease extension agreement
with OSW, Inc. to lease the Property, to be operated by OSW, Inc., or its designee, to be used as
its organization offices, community meeting space, and one rental residential dwelling on its
second floor, for an additional term of five (5) years, commencing on January 1, 2020, as further
stated in the City Council Agenda Report dated December 16, 2019. Such lease shall be
substantially similar in form to the lease attached to such report, and approved as to form by the
City Attorney. OSW, Inc., or its designee, will pay an annual rent in the amount of $1.00 per
year to the City for the use and occupancy of the Property.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATT
City Cler] .
O -Lease to Old Southwest, Inc. — 641 Walnut Ave — Alexander -Gish House (12.16.19)
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: December 16, 2019
Subject: Lease Extension No. 1 of City -owned Property (Alexander -Gish
House located in Highland Park at 641 Walnut Avenue, S.W.) to
Old Southwest, Inc.
Background:
Since 1989, the City of Roanoke has leased the historic Alexander -Gish House
(Gish House), located at 641 Walnut
House to the Old Southwest, Inc. (OSW, Inc.)
Park which surrounds the Gish
neighborhood organization. Since that time, OSW, Inc., has used its own
resources to fully renovate and maintain the historic structure and has used it
as its organizational offices, community meeting space, and created one rental
residential dwelling unit on its second floor. OSW, Inc., has leased the Gish
House from the City at a rental rate of $1.00 per year, and has been responsible
for all utilities and maintenance /operational expenses. OSW, Inc. retains any
and all revenue generated from the rental and use of the Gish House to help
offset its expenses.
The original lease expired in 1994, and subsequently has been extended for
five year terms on mutual agreed upon terms. The City and OSW, Inc. executed
a new lease in January 2015 and the current five -year term expires as of
December 31, 2019. The January 2015 lease contains a provision to extend the
lease upon its expiration for two additional terms of five years each subject to
the approval of the City. The parties desire to extend the lease an additional
five year term.
Recommended Action:
After consideration of comments received at the public hearing and absent
comments at the public hearing needing further consideration, adopt the
attached ordinance authorizing the City Manager to execute Lease Extension
No. 1 substantially similar to the one attached to this Report, to extend the
term of the lease an additional five years, and to take such further actions as
may be necessary to implement, administer, and enforce such lease. All
documents are su ject to approval as to form by the City Attorney.
Robert S. Cowell, Jr.
City Manager
Attachment
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community
Development
Amelia C. Merchant, Director of Finance
Michael Clark, Director, Parks and Recreation
Robert Ledger, Director Economic Development
Cassandra L. Turner, Economic Development Specialist
2
LEASE EXTENSION NO. ONE TO LEASE AGREEMENT BETWEEN CITY OF
ROANOKE AND OLD SOUTHWEST INC. DATED JANUARY 1 2015
THIS LEASE EXTENSION NO. I ( "Lease Extension No. 1 ") is dated this day of
December, 2019, between Old Southwest, Inc., a non - profit organization organized and existing
under the laws of the Commonwealth of Virginia ( "Lessee "), and the City of Roanoke, Virginia, a
municipal corporation organized under the laws of the Commonwealth of Virginia, hereinafter
referred to as ( "City "), and extends that Lease Agreement ( "Lease Agreement ") dated January 1,
2015, between Lessee and the City.
RECITALS:
WHEREAS, by Lease Agreement dated January 1, 2015 ( "Lease "), the City and Lessee
agreed to the lease of a certain structure known as the James Alexander House (also known as the
Alexander -Gish House), 641 Walnut Avenue, S.W., located in Highland Park, together with its
outbuildings and parking lot area, as well as other terms and provisions, for an initial five year term
commencing January 1, 2015, and ending December 31, 2019, subject to extension for two
additional terms of five years each, upon the prior approval of Roanoke City Council;
WHEREAS, the City and Lessee both desire to exercise the option to extend the term of the
Lease another five years, upon expiration of the initial term of the Lease Agreement, for a term
commencing January 1, 2020, through December 31, 2025; and
WHEREAS, pursuant to Ordinance No.
adopted by Roanoke City Council
on December 16, 2019, after advertising and holding a public hearing, Roanoke City Council
authorized the City to extend the term of the Lease Agreement pursuant to this Lease Extension No.
One.
NOW THEREFORE, for and in consideration of the terms and conditions stated herein, and
the above recitals which are incorporated herein by reference, the City and Lessee agree as follows:
1. The term of the Lease Agreement is hereby extended an additional five year term,
commencing January 1, 2020, and ending December 31, 2025.
2. Section 6 of the Lease Agreement, Improvements to Become Property of the City,
is hereby amended in its entirety to read and provide as follows:
6. Improvements to Become Property of the City: Any and all
improvements made to the Leased Premises by the Lessee shall become the
property of the City upon the expiration of this Lease Agreement, or any
subsequent extension thereof. However, no such improvements shall be
made, including those to the parking area and grounds, without the express
written approval of the City Manager, such approval to make specific
reference to this Lease Agreement. The parties acknowledge and agree that
the fire pit and the gazebo located on the Leased Premises, were both
constructed and installed upon the Leased Premises by Lessee under prior
lease agreements between City and Lessee. The City acknowledges and
agrees that the gazebo and fire pit are property owned by the Lessee, and that
such items may be removed by Lessee upon the termination or expiration of
this Lease Agreement. Provided however, Lessee agrees to restore and /or
repair any damage to the Leased Premises caused by the removal of the
gazebo and fire pit at Lessee's sole cost. Any such repair and restoration to
the Leased Premises by Lessee must be approved by City, which approval
shall not unreasonably be withheld. The parties agree that if the gazebo and
fire pit are not promptly removed by Lessee after termination or expiration of
the Lease Agreement, after written notice to Lessee, the fire pit and gazebo
shall become the sole property of City.
3. Section 7(c), of Section 7, Maintenance, is hereby deleted in its entirety
and replaced by the following section, to read and provide as follows:
(c) Lessee shall be responsible for paying all utilities and charges on the Leased
Premises, including, but not limited to, charges for electricity, water, sewage, storm
water, gas, cable, internet, stormwater utility fees, and household and leasehold taxes.
4. Section 10 of the Lease Agreement, Environmental Indemnification, is
amended in part, by the addition of the following sentence:
The obligations of Lessee under this Section 10 shall survive the
termination or expiration of this Lease Agreement.
0
Agreement-Gish House - 2019 Lease Agreement ( Lease Fxtension No. 1). (rev 1).doc
5. Section 13 of the Lease Agreement, Indemnification, is amended in part,
by the addition of the following sentence:
The obligations of Lessee under this Section 13 shall survive the
termination or expiration of this Lease Agreement.
6. Section 14 of the Lease Agreement, Improvements to Become Property of
the Cit , is hereby amended in its entirety to read and provide as follows:
14. Insurance:
a. Requirement of insurance. Lessee shall, at its sole expense, obtain
and maintain during the life of this Lease Agreement the insurance policies
required by this section. Any required insurance policies shall be effective
prior to the beginning of any term in which this Lease Agreement is in
effect. In all situations, the Lessee's coverage is primary and non-
contributory with any insurance or self - insurance carried by the City, its
agents, employees or assigns.
(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 Lessee's performance under this Lease
Agreement. The minimum limits of liability for this coverage shall
be $1,000,000.00 combined single limit for any one occurrence.
(2) Contractual Liability. Broad form contractual liability insurance
shall include the indemnification obligation set forth in section 13 of
this Lease Agreement.
(3) Tenant's insurance. Lessee shall, at its sole cost and expense, obtain
and maintain during the life of this Lease Agreement a property
insurance policy written on an "all risk" basis insuring all of
Lessee's personal property, including, but not limited to, equipment,
furniture, fixtures, furnishings, and leasehold improvements which
are Lessee's responsibility, for not less than full replacement cost of
such property. All proceeds of such insurance shall be used to repair
or replace Lessee's property.
b. Umbrella Coverage. The insurance coverages and amounts set forth
in subsections (1) and (2) of this section may be met by an umbrella 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
3
Agreement-Gish House - 2019 Lease Agreement (Lease Extension No. 1). (rev I ).doc
endorsement stating that it applies to the specific policy numbers indicated
for the insurance providing the coverages required by subsections (1) and
(2), and it is further agreed that such statement shall be made a part of the
certificate of insurance furnished by Lessee to this City.
C. Evidence of Insurance. All insurance shall meet the following
requirements:
(1) Prior to execution of this Lease Agreement, Lessee shall furnish the
City a certificate or certificates of insurance showing the type,
amount, effective dates and date of expiration of the policies. Such
certificates shall be attached to this Lease Agreement at the time of
execution of this Lease Agreement 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 Lease
Agreement.
(2) It shall be the responsibility of the Lessee to notify the City of any
changes in coverage. The required certificate or certificates of
insurance shall name the City of Roanoke, its officers, employees,
agents, volunteers and representatives as additional insureds.
(3) Where waiver of subrogation is required with respect to any
policy of insurance required under this section, such waiver shall be
specified on the certificate of insurance.
(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 Lease Agreement shall be authorized to do business in the
Commonwealth of Virginia.
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.
7. Except as amended by this Lease Extension No. One, the remainder of
the terms and conditions of the Lease Agreement remain unchanged and in full force and
M
Agreement -Gish House - 2019 Lease Agreement ( Lease Extension No. 1). (rev 1).doc
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Lease
Extension No. One as of the day and year first hereinabove written by the parties'
authorized representatives.
ATTEST:
Stephanie M. Moon Reynolds, City Clerk
ATTEST:
Secretary
Printed Name
Approved as to Form:
Assistant City Attorney
Approved as to Execution:
Assistant City Attorney
CITY OF ROANOKE
By
City Manager
OLD SOUTHWEST, INC.
By
President
5
Agreement -Gish I Iouse - 2019 Lease Agreement ( Lease Extension No. 1). (rev 1).doc
NOTES:
1. THIS PLAT IS COMPILED FROM A COMBINATION OF EXISTING RECORDS AND A FIELD
SURVEY.
2. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT, THERE
MAY EXIST ENCUMBRANCES NOT SHOWN WHICH AFFECT THE SUBJECT PROPERTY.
3. THE SUBJECT PROPERTY IS NOT LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA AS
DESIGNATED BY FEMA MAP PANEL NO. 51161CU164G REVISED SEPTEMBER 28, 2007.
4, REFERENCE CITY OF ROANOKE PLAN NO. 5798. °
1 W
SST 52' 25'E
124.05' CITY OF ROANOKE HIGHLAND PARK o a
541 WALNUT AVENUE, S.W. a
D.B. 133 PG. 98 o x
(� \TAX N0. 1131001 w 0
� m
LEASE AREA ~
TWO STORY \ 50,294 SF a
FRAME �[ 1.1546 ACRES
RESIDENCE \ sir
0
N
fl GAZEBO �
0O. �0.
h
o;
0
n ?� 2
x � C IPS
p \'4 r 9,p "CITY OF
p�� \`� Fy ROANOKE" CAP
0
2 CITY OF ROANOKE PARCEL —
TAX 1,40 1131001 \°� IPF
INK CHAIN /\°\'\ h�
LINK FENCE/ \°
\ � 1
LOT 4
IPF BLOCK
E.B. &I,: EXCHANGE BUILDING AND G�• ,�O/ LOT 3 E.B. &I
NVESTMENT CO. PLATBOOK 1 PAGE 19 BLOCK 1 0,�, i J�P / �pS E.B. &I.
5 ` V� / NEW LOT i -A `
SO' 0' S0'
SCALE 1 " = 50'
OFFICE OF THE
CITY ENGINEER
215 CHURCH AVENUE, S.W.
ROOM 350
PHONE. (540) 853 -2731
FAX, (S40)653 1364
WWW.ROANOKEVA.COV
PLAT SHOWING LEASE AREA OF A PORTION OF
HIGHLAND PARK
SITUATE ON WALNUT AVENUE, S.W.
CITY OF ROANOKE, VIRGINIA
SCALE: 1' =50' APPROVED:
DATE: NOV. 4, 2014 ^,//,,
(M�IVL`_ 1I IlI
PLAN NO. 5798 -A CITY ENGINEER
SHERMAN M STOVALL, ASSISTANT CITY MGR
456 NOEL C. TAYLOR MUNICIPAL BLDG
215 CHURCH AVENUE SW
ROANOKE, VA 24011
I Date Category
12/18/2019 Legal Notices
NOTICE OF PUBLIC HEARING
The City of Roanoke (City) proposes
to execute a lease extension
agreement to extend the term of an
existing lease dated January 6, 2015,
between the City of Roanoke and Old
Southwest, Inc. C'OSW, Inc.-) pursuant
to the terms of such lease. The
proposed lease extension extends the
term of the lease of City -owned
property located at 641 Walnut Avenue,
S.W., Roanoke, Virginia, known as the
historic Alexander -Gish House, bearing
Official Tax Map No. 1131001
( "Property "). to OSW, Inc. an
additional term of five (5) years,
commencing January 1, 2020. The
Property is to be operated by OSW,
Inc_, or its designee, and used as its
organizational offices, community
meeting space, and one rental
residential dwelling on its second floor.
Pursuant to the requirements of
Sections 15.2- 1800(B) and 15.2 -1813.
Code of Virginia (1950), as amended,
notice is hereby given that the Council
of the City of Roanoke will hold a public
hearing on the above matter on
Monday, December 16, 2019,
commencing at 7:00 p.m., or as soon as
the matter may be heard, in the Council
Chamber, 4th Floor, Room 450, Noel C.
Taylor Municipal Building, 215 Church
Avenue, S.W., Roanoke. Virginia 24011.
Copies of the proposed lease extension
Agreement and the proposed
ordinance will be available at the City
Clerk's Office, Room 456, Noel C. Taylor
Municipal Building. 215 Church Avenue,
S.W., Roanoke, Virginia 24011, on and
after Monday, December 9, 2019. For
further information on the matter, you
may contact the City Clerk's Office at
(540) 853 -2541_
All parties and interested entities
may appear on the above date and
time to be heard on the above matter.
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. December 12, 2019.
GIVEN under my hand this 9th day of
December 2019.
Stephanie M. Moon Reynolds, MMC
City Clerk
(1036474)
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
Description Ad Size
NOTICE OF PUBLIC HEARING The City of Roanoke (City) 1 x 69 L
Publisher of the
Roanoke Times
Account Number
6017304
Date
December 09, 2019
I, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice NOTICE OF
PUBLIC HEARING was published in said newspapers on the
following dates:
12/09/2019
The First insertion being given ... 12/09/2019
Newspaper reference: 0001036474
Billing Representative
Sworn to and subscribed before me this Monday, December 9, 2019
Total Cost
384.64
State of Virginia
City /County of Roanoke
My Commission expires
Public NoT„I: Y PiJSLiG
Con•m,nweai?r; o', /irgirlia
Notary �r ;ylstrata7 i
31, lumoar3,,753
Comrnission Expiar; Ju�+ary X021
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
NOTICE OF PUBLIC HEARING
The City of Roanoke ( "City ") proposes to execute a lease extension agreement to extend
the term of an existing lease dated January 6, 2015, between the City of Roanoke and Old
Southwest, Inc. ( "OSW, Inc. ") pursuant to the terms of such lease. The proposed lease extension
extends the term of the lease of City -owned property located at 641 Walnut Avenue, S.W.,
Roanoke, Virginia, known as the historic Alexander -Gish House, bearing Official Tax Map No.
1131001 ( "Property "), to OSW, Inc. an additional term of five (5) years, commencing January 1,
2020. The Property is to be operated by OSW, Inc., or its designee, and used as its
organizational offices, community meeting space, and one rental residential dwelling on its
second floor.
Pursuant to the requirements of Sections 15.2- 1800(B) and 15.2 -1813, Code of Virginia
(1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a
public hearing on the above matter on Monday, December 16, 2019, commencing at 7:00 p.m.,
or as soon as the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C.
Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Copies of the
proposed lease extension Agreement and the proposed ordinance will be available at the City
Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia 24011, on and after Monday, December 9, 2019. For further information on
the matter, you may contact the City Clerk's Office at (540) 853 -2541.
All parties and interested entities may appear on the above date and time to be heard on
the above matter.
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,
December 12, 2019.
GIVEN under my hand this 9th day of December 2019.
Stephanie M. Moon Reynolds, MMC
City Clerk
Note to Publisher:
Please publish in full once in the Legal Section of The Roanoke Times, on Monday, December 9,
2019.
Please send affidavit of publication to:
Stephanie M. Moon Reynolds, MMC, City Clerk
4th Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 456
Roanoke, Virginia, 24011
Please send bill to:
R. Brian Townsend, Assistant City Manager
For Community Development
215 Church Avenue, S.W., Room 364
Roanoke, Virginia, 24011
STEPHANIE N1. MOON REYNOLDS, MNIC
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: clerk(q-:roanokeva.gov
December 19, 2019
Kay Dunkley, Executive Director
Roanoke Higher Education Authority
108 North Jefferson Street, N. W.
Roanoke, Virginia 24016
Dear Ms. Dunkley:
CECELIA F. MCCOY, CN1C
Depute City Clerk
CECELIA T. NYEBB, Cy1C
Assistant Deputy City Clerk
The matter regarding a proposed Contract for Purchase and Sale of Real Property between
the City of Roanoke and Roanoke Higher Education Authority, wherein the City proposed to
sell a portion of certain real property located at 23 Centre Avenue, N. W., was before the
Council at its regular meeting held on Monday, December 16, 2019.
On motion, duly seconded and unanimously adopted, the action on the matter was
continued until Tuesday, January 21, 2020 at 7:00 p.m., or as soon thereafter as the matter
may be heard.
Sincerely,
[6444,,A..� •+ YV\W% '
Stephanie M. Moon Reynolds, C
City Clerk
C: Robert S. Cowell, Jr., City Manager
Daniel J. Callaghan, City Attorney
Brian Townsend, Assistant City Manager for Community Development
Rob Ledger, Director, Economic Development
Jaime Brooks, General Manager, Park Roanoke
Mike Sutton, Blue Eagle Partnership, LLC, 1502 Williamson Road, N. E.,
Roanoke, Virginia 24012
The Honorable John S. Edwards, Member Senate of Virginia, P. O. Box 1179,
Roanoke, Virginia 24006
The Reverend Barron Wilson, Pastor, First Baptist Church, 310 Jefferson Street,
N. W., Roanoke, Virginia 24016
Kay Dunkley
December 19, 2019
Page 2
Martin Jeffrey, Southwest Virginia Civil Rights Action Center, Inc., P. O. Box 312,
Roanoke, Virginia 24003
Evelyn Bethel, President, Historic Gainsboro Preservation District, Inc., 35 Patton
Avenue, N. E., Roanoke, Virginia 24016
Constance Crutchfield, Gainsborough Southwest Community Organization, Inc.,
131 Gilmer Avenue, N. W., Roanoke, Virginia 24016
Cecile Newcomb, 9 Gilmer Avenue, N. E., Roanoke, Virginia 24016
Jordan Bell, 5208 Lancelot Lane, N. W., Roanoke, Virginia 24019
Evelyn Slone, Hill Studio, 120 Campbell Avenue, S. W., Roanoke, Virginia 24011
Shmura Glenn, 1816 Staunton Avenue, N. W., Roanoke, Virginia 24016
The Reverend Kevin McNeil, 1407 22nd Street, N. W., Roanoke, Virginia 24017
Justin Patton, 326 Rutherford Avenue, N. W., Roanoke, Virginia 24016
Hu Tehuti, 1916 Mercer Avenue, N. W., Roanoke, Virginia 24017
William Amos, 5061 Foxridge Avenue, Roanoke, Virginia 24018
Reverend David Denham, 3512 Wright Road, S. W., Roanoke, Virginia 24015
Brenda Hale, P. O. Box 12362, Roanoke, Virginia 24025
THE ROANOKE HIGHER EDUCATION CENTER
Page 1 of 2
C , 1.
Re: [EXTERNAL] Sale of City Property to the Roanoke Higher Education Center
Stephanie Moon
to:
Thomas McKeon, cecelia.webb
12/09/2019 03:28 PM
Cc:
cece
Hide Details
From: Stephanie Moon/Employees /City_of Roanoke
To: "Thomas McKeon" <tlmckeon3350 @gmail.com >, cecelia.webb @roanokeva.gov
Cc: cece
Tom,
This will acknowledge receipt of your email addressed to the Council regarding the sake of property to
the Roanoke Higher Education Center.
Your email will be made part of the record following action by the Council on December 16.
Stephanie M. Moon Reynolds, MMC
City Clerk
215 Church Avenue, SW, Suite 456
Roanoke, VA 24012
(540) 853 -2541
Stephanie.moon @roanokeva.gov
On Dec 9, 2019, 2:49:58 PM, tlmckeon3350 @gmail.com wrote:
From: tlmckeon3350 @gmail.com
To: clerk @roanokeva.gov
Cc:
Date: Dec 9, 2019, 2:49:58 PM
Subject: [EXTERNAL] Sale of City Property to the Roanoke Higher Education Center
December 9, 2019
Mayor Sherman Lea and Members of City Council
Office of the City Clerk
City of Roanoke
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Dear Mayor and Members of Council,
I am writing in support of the City selling property to the Roanoke Higher Education Authority to construct a
plaza in honor of Oliver White Hill, Sr. As the former Executive Director of the Authority, I applaud Senator John
S. Edwards and Dr. Kay Dunkley for their efforts to honor Mr. Hill, a nationally known civil rights attorney whose
work contributed to improving educational opportunities for all people.
Having a plaza /courtyard between the Claude Moore Education Complex and the main building will create a
campus footprint and provide an outdoor learning lab for the chefs and students of Virginia Western's culinary
arts program. This green space will also make seating available for RHEC students to study, eat, and network and
will be welcoming to visitors. Constructing the plaza in close proximity to the Martin Luther King Bridge is
another advantage so that tourists have a short walk from the MLK historic monument over to the plaza.
file: ///C: /Users/ctwebb/AppData/Local/Temp/notes IF 8 9EC/—web4OO9 - htm 12/9/2019
Page 2 of 2
As a member of the Board of Directors of the Roanoke Higher Education Foundation, I am pleased that our
board has agreed to include scholarships as one of three fundraising priorities. This initiative will present
opportunities for adult learners in the Gainsboro and surrounding communities to apply for financial assistance
in order to achieve endorsements, certificates, and /or degrees at the Higher Education Center. I believe that the
new plaza and other initiatives of the Roanoke Higher Education Center will continue to make a positive
contribution to the Gainsboro Neighborhood and to the City of Roanoke.
Feel free to contact me by email at tlmckeon3350 @gmail.com or by calling (540) 529 -7250 should you have
questions or need additional information.
Thank you for your consideration of this important opportunity for the Roanoke Higher Education Center and
the City of Roanoke.
Sincerely,
Thomas L. McKeon
Copy: Senator John S. Edwards, Chair Board of Trustees
Kay Dunkley, Executive Director RHEC
Bob Cowell, City Manager
file: / / /C:/ Users /ctwebb /AppData /Local /Temp /notes 1 F89EC /—web4009.htm 12/9/2019
M
Hello everyone, my name is Jacob Watts. I am meeting here today on the
behalf of people who are blind and visually impaired, including myself. I am
legally blind with Retinitis Pigmentosa. For those who don't know, Retinitis
Pigmentosa eventually leads to blindness. The first thing to go is your night vision.
After that your peripheral vision becomes impaired - so I cannot see things out of
the corner of my eye.
Why I am here today is to look into the lighting situation downtown. The
lighting downtown is in adequate. There are some places where it is too dark or not
very well lit. I live downtown and like to go out at night sometimes during the
week. I have had many problems because of the lighting downtown. Since I have
night vision issues, it makes it hard to get around sometimes. I am constantly
needing to watch where I am going. Trying to avoid people and objects I cannot
see very well is hard. A main concern is someone driving who I might not see. I
am worried I might get hit because no one could see me or I couldn't see them. My
vision being poor at night and having to cross streets is a big hazard. Things got
more difficult when the scooters were brought into town. It has made it more
difficult to navigate at night. Though the scooters are lime green, I still cannot see
them. I sent some feedback to lime asking if they could put LED lights in the rims.
For me, even using a head lamp and a flashlight it not enough. Sometimes I
have ran into signs, and stumbled over objects in my path I do not see. I have not
had a physical injury yet, but I am concerned I might get hurt one day. And with
the sun setting earlier in the winter, I have to leave even earlier to get to and from
my destination safely. At some point, if things get worse I will end up having to
take a Lyft or Uber just to go to a place 2 or 3 blocks away because I cannot see. I
do not want to have to pay $5 every trip just to go do something I love that is
within walking distance. I would love to attend more community events, such as a
Dickens of a Christmas, but with so many people and cars out I am taking a chance
of bumping into someone or something
I also frequently enjoy going to Blade Gaming. From my apartment, I have to take
Kirk Avenue to get to Salem Avenue, since Kirk Avenue is better lit than
Campbell Avenue. There are other places where there is no lighting at all. Also, it
would make sense to put more lighting in near the jail and around city hall. There
are many apartments spread downtown and places I know could use it. Where the
locker room lofts is a perfect example for bad lighting. Around the area, it seems
there is no lighting at all.
I believe adding more lighting would decrease crime and make people feel safer
walking around in their community.