Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Council Actions 09-21-20
ROANOKE CITY COUNCIL REGULAR SESSION SEPTEMBER 21, 2020 2:00 P.M. CITY COUNCIL CHAMBER AGENDA PRICE 41861- 092120 The City of Roanoke is a safe, caring and economically vibrant community in which to live, learn, work, play and prosper A vibrant urban center with strong neighborhoods set amongst the spectacular beauty of Virginia's Blue Ridge 1. Call to Order - -Roll Call. All Present. The Invocation was delivered by The Reverend Ben Richardson, Associate Pastor for Youth Work, Community Advent Christian 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: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, September 24 at 7:00 p.m., and Saturday, September 26 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. 1 ANNOUNCEMENTS: The Council of the City of Roanoke is seeking applications for the following current vacancies and /or upcoming expirations of terms of office: Building and Fire Code Board of Appeals — one vacancy (Builder) City of Roanoke Finance Board — one vacancy Equity and Empowerment Advisory Board - seven vacancies Mill Mountain Advisory Board — two vacancies Roanoke Neighborhood Advocates — two vacancies Towing Advisory Board - one vacancy Youth Services Citizen Board - two vacancies Access the City's homepage to complete an online application for the abovementioned vacancies. The Council is accepting nominations for the 2020 Citizen of the Year. Forms are available online at www. roanokeva.gov /citizenoftheyear, and in the City Clerk's Office. _Deadline for receipt of nominations is Friday, October 9, 2020. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A resolution expressing sincere appreciation to Elaine Bays- Murphy, on the occasion of her retirement after approximately 26 years as Cable Access Director of Roanoke Valley Television. Adopted Resolution No. 41861- 092120 (6 -0). The Mayor presented a ceremonial copy of the resolution to Ms. Bays- Murphy. A resolution expressing sincere appreciation to Daniel J. Callaghan, City Attorney, on the occasion of his retirement, for his dedicated service to the citizens of the City of Roanoke, Virginia. Adopted Resolution No. 41862- 092120 (6 -0). The Mayor presented the Key to the City and a ceremonial copy of the resolution to the City Attorney. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. 4• CONSENT AGENDA: (APPROVED 6 -0, as amended) All matters listed under the Consent Agenda are considered to be routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the Consent Agenda and considered separately. 2 C -1 Minutes of the regular meeting of City Council held on Monday, August 17, 2020; recessed until Thursday August 27, 2020 and Friday, August 28, 2020; special meeting held on Friday, August 28, 2020; and special meeting held on Monday, August 31, 2020. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C -2 A communication from Council Member Anita J. Price, Chair, City Audit Committee requesting that Council convene in a Closed Meeting to discuss a personnel matter, subject to the jurisdiction of the City Audit Committee, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -3 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 the annual performances of the Council- Appointed Officers, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -4 A communication from Council Member Djuna L. Osborne tendering her resignation as a Member of Roanoke City Council, effective September 16, 2020. RECOMMENDED ACTION: Accepted resignation with regret; and received and filed the communication. C -5 A communication from the City Clerk advising of the lack of attendance of Craig Gill - Walker as a member of the Mill Mountain Advisory Board. RECOMMENDED ACTION: Received and filed. C -6 Report of qualification of William Poe as a Director of the Economic Development Authority of the City of Roanoke for a four -year term of office, commencing October 21, 2020 and ending October 20, 2024. RECOMMENDED ACTION: Received and filed. C -7 A communication from the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel and hear briefings by staff members or consultants pertaining to actual litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body, pursuant to Section 2.2- 3711(A)(7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. 3 REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. A communication from Council Member Michelle L. Davis, Chair, Roanoke City Council Personnel Committee, advising of the expiration of the two -year terms of office of the City Clerk and Municipal Auditor ending September 30, 2020. Council concurred in the reappointment of the two -year terms of office of the City Clerk and Municipal Auditor ending September 30, 2022. (6 -0). 7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE CITY MANAGER: a. CITY MANAGER: BRIEFINGS: • Route 220 Corridor Improvements - 15 minutes Received and filed. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of FY 2021 Virginia Department of Fire Programs grant funds. Adopted Resolution No. 41863- 092120 and Budget Ordinance No. 41864-092120. (6 -0) 2. Acceptance of the 2021 Department of Motor Vehicles Highway Safety — City of Speed Awareness Safety Campaign Grant. Adopted Resolution No. 41865- 092120 and Budget Ordinance No. 41866-092120. (6 -0) 3. Acceptance of the Virginia Department of Motor Vehicles 2021 Traffic Safety (Selective Enforcement - Alcohol) Grant. Adopted Resolution No. 41867- 092120 and Budget Ordinance No. 41868-092120. (6 -0) 12 4. Acceptance of the Virginia Department of Motor Vehicles 2021 Traffic Safety (Selective Enforcement - Occupant Protection) Grant. Adopted Resolution No. 41869- 092120 and Budget Ordinance No. 41870-092120. (6 -0) 5. Acceptance of the Virginia Department of Motor Vehicles 2021 Traffic Safety (Selective Enforcement - Speed) Grant. Adopted Resolution No. 41871 - 092120 and Budget Ordinance No. 41872-092120. (6 -0) 6. Acceptance of the Virginia Department of Motor Vehicles 2021 Traffic Safety (Selective Enforcement — Pedestrian Bicycle Safety) Grant. Adopted Resolution No. 41873 - 092120 and Budget Ordinance No. 41874-092120. (6 -0) 7. Approval of the amended 2015 - 2019 Consolidated Plan. Adopted Resolution No. 41875 - 092120 and Budget Ordinance No. 41876-092120. (6 -0) 8. Amendment of the City Code to conform to current Statewide Building Code requirements. Adopted Ordinance No. 41877 - 092120. (6 -0) 9. Authorization of an encroachment in City's right -of -way located at 305 Jefferson Street, S. W., and 10 Kirk Avenue, S. W., to allow for a natural gas line to service the Kirk Avenue parcel. Adopted Ordinance No. 41878 - 092120. (6 -0) 10. Execution of a Memorandum of Understanding with Community Foundation Serving Western Virginia, to support installation of wayfinding signs. Adopted Resolution No. 41879 - 092120 and Budget Ordinance No. 41880-092120. (6 -0) 11. Execution of a Revocable License Agreement between the City of Roanoke and Blue Ridge Literacy for continued use of space at the Main Library Branch for administrative offices and tutoring services. Adopted Ordinance No. 41881 - 092120. (6 -0) At 3:43 p.m., the Mayor declared the meeting in recess for a break. At 3:48 p.m., the meeting reconvened. 5 12. Approval of a proposal of Evergreen Development Co., Inc., and the Historical Society of Western Virginia (Proponents) for the disposition of the Lee Monument. Adopted Ordinance No. 41882 - 092120. (6 -0) COMMENTS OF THE CITY MANAGER. The City Manager offered the following comments: Gainsboro Branch Library Has Closed for Renovation • Ten years after its renovation, the City will refresh the amenities available at the Gainsboro Branch Library. • On Sept. 15, curbside service ceased and the bookdrop closed at this Branch so that work can begin. • Customers may go to all other City library branch locations between 10 a.m. and 6 p.m., Monday- Friday, for curbside services including material hold pickups, copying and faxing, as well as Feed and Read and kit -based programs. E -911 Center Staff Has Moved to Blue Hills Communications Center • As you recall, on Aug. 6, the City held a dedication and ribbon - cutting ceremony for a new Communications Center, built to house the city's E -911 Center and the VA811 Contact Center. • While attention to some final details for the 911 Center delayed staff from moving in immediately after the ceremony, the switch has now occurred. • Our 911 staff is now operating at Blue Hills in a work environment that enhances communication, using the most up -to -date equipment to assist citizens who call for help. • This new facility will set the stage for continued growth in technology and development of the Center for decades to come. 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. 41883 - 092120. (6 -0) 9. UNFINISHED BUSINESS: NONE. 0 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A resolution directing the City Attorney to petition the Circuit Court to issue an order authorizing appointment of a qualified voter from the City at -large with 45 days to fill the Council seat vacated by Djuna L. Osborne. Adopted Resolution No. 41884 - 092120. (6 -0) b. A resolution establishing a procedure and process for the appointment to City Council to fill the vacancy created by the resignation of Djuna L. Osborne. Adopted Resolution No. 41885 - 092120. (6 -0) C. A resolution electing and appointing Timothy R. Spencer as City Attorney for the City of Roanoke effective October 1, 2020, and ratifying the terms and conditions of employment offered to Mr. Spencer. Adopted Resolution No. 41886 - 092120. (6 -0) d. A resolution approving and affirming the action taken by the Greater Roanoke Transit Company (GRTC) d /b /a Valley Metro to implement Fare Free Election Day Bus Service for Tuesday, November 3, 2020. Adopted Resolution No. 41887 - 092120. (6 -0) 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. Vice -Mayor Cobb thanked the City of Roanoke and the Star City Strong Recovery Fund Task Force for their work and allocation of funds to support the community in its efforts at recovery from COVID -19- related issues; whereby, the City Manager stated funds remain available for citizens with unpaid bills and advised citizens to visit Individual COVID19 Recovery Funds Grant Application and fill out the application and email the document to: humanservicesC)-a) b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. Appointed Irisha Goodman to replace Yvonne Thomas as a member of the Gun Violence Task Force. (6 -0) 7 12. RECESSED - 4:33 P.M. THE COUNCIL MEETING WAS DECLARED IN RECESS FOR A CLOSED MEETING; AND THEREAFTER TO RECONVENE AT 7:00 P.M., IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. ROANOKE CITY COUNCIL REGULAR SESSION SEPTEMBER 21, 2020 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 Jonathan Harris, Pastor, Episcopal Diocese of Southwest Virginia. 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. (6 -0) NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, September 24 at 7:00 p.m., and Saturday, September 26 at 4:00 p.m.; and video streamed through Facebook Live at face book. com /RoanokeVa. Council meetings are offered with closed captioning for the hearing impaired. 41 A. PUBLIC HEARINGS: 1. Proposal of the City of Roanoke to convey certain real property located at 0 Lewiston Street, N. W., consisting of approximately 1.65 acres, more or less, to James Curtis Thompson. Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 41888 - 092120. (6 -0) B. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. C. ADJOURNED - 7:14 P.M. 10 CECELIA F. MCCOY, CbIC Cite Clerk 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: clerk(i roanoke%a.goN September 22, 2020 The Reverend Ben Richardson, Associate Pastor for Youth Work Community Advent Christian Church 4512 Old Mountain Road, N. E. Roanoke, Virginia 24019 Dear Pastor Richardson: CECELIA T. NN EBB, CRIC Deput) Cith Clerk On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Monday, September 21, 2020. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. Sincerely, Cecelia F. McCoy, CMC City Clerk CFM:ctw K' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41861 - 092120. A RESOLUTION paying tribute to Elaine Bays- Murphy, Director of Cable Access for Roanoke Valley Television, upon her retirement, and expressing to her the appreciation of this City and its people for her exemplary service. WHEREAS, Ms. Bays- Murphy was hired as Director of Cable Access for Roanoke Valley Television (RVTV -3) on August 8, 1994 and continues to serve in this capacity through her retirement on September 30, 2020; WHEREAS, through her management of RVTV -3, Ms. Bays - Murphy has ensured that the citizens of Roanoke have regular access to view the public meetings of the City of Roanoke and the City of Roanoke School Board, as well as the public meetings of County of Roanoke, Town of Vinton, and their respective school boards, and local and regional public events; WHEREAS, as Director, Ms. Bays - Murphy successfully balanced the needs and priorities of the three local governments and their school systems for RVTV -3 television programming; WHEREAS, Ms. Bays- Murphy oversaw the transition to digital, remote control cameras; and expanded staff, programming, and video production for improved, state -of -the -art television broadcasts for the communities of the City of Roanoke, the County of Roanoke, and the Town of Vinton; WHEREAS, Ms. Bays - Murphy has worked with the three local governments during franchise negotiations to strengthen the operations station, and equipment of RVTV -3 in continuing to provide this essential public service; WHEREAS, under her leadership, Ms. Bays - Murphy has established RVTV -3 as an important partner in communicating essential information to our community, and thereby enhancing the quality of life for citizens; WHEREAS, Ms. Bays - Murphy will retire on October 1, 2020, after more than 26 years of devoted, faithful, and superb service to RVTV -3, serving the City of Roanoke, Roanoke County, and the Town of Vinton. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: I. City Council adopts this means of recognizing, commending, and applauding the more than 26 years of exemplary service provided to the City of Roanoke and our people by Elaine Bays - Murphy. 2. City Council adopts this resolution to thank Ms. Bays - Murphy for her service and wish her success and happiness in her retirement. 3. The City Clerk is directed to transmit an attested copy of this resolution to Ms. Bays - Murphy. 2 ATTEST: City Clerk. .w l IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41862 - 092120. A RESOLUTION paying tribute to Daniel J. Callaghan on the occasion of his retirement following eight years of service with the City of Roanoke. WHEREAS, Mr. Callaghan was born and raised in Rochester, New Hampshire, the second child of six children; WHEREAS, Mr. Callaghan's work ethic was evident early on when he became a newspaper carrier at age 8, delivering the paper through the proverbial rain, sleet, and snow at the crack of dawn; WHEREAS, Mr. Callaghan has been working ever since — haying on a local farm, mastering several jobs at a supermarket, welding at a factory, and even working on the railroad, doing track maintenance in the summer during his law school years; WHEREAS, Mr. Callaghan graduated with honors from Villanova University and Villanova University School of Law, and began his career as a summer intern at what was then the firm of Devine, Millimet, Stahl and Branch in Manchester, New Hampshire, now known as Devine Millimet, where he remained for 35 years; WHEREAS, Mr. Callaghan was mentored by the founder of the firm, the late Joe Millimet, whose portrait, a going -away gift from the firm, hangs in his office today; WHEREAS, while working at the firm, Mr. Callaghan was known as incredibly hardworking and a zealous advocate for his clients, who were loyal to him because of his dedication; WHEREAS, always concerned with ethics, Mr. Callaghan was often referred to as the "conscience of the firm" while working at Devine Millimet; WHEREAS, Mr. Callaghan began working as the City Attorney for the City of Roanoke on October 1, 2012, which he referred to as his "encore career "; WHEREAS, in Roanoke, Mr. Callaghan continued his dedication to community involvement through his advocacy for children and families as a board member at Children's Trust Roanoke Valley; WHEREAS, one of Mr. Callaghan's greatest joys as an attorney in Roanoke was his participation in the Barrister Book Buddies program through the Roanoke Bar Association; and reading to 1 st and 2nd Graders in Mrs. Ragland's classes at Preston Park Elementary were highlights in his work week; WHEREAS, Mr. Callaghan, as City Attorney, has worked on many City projects and efforts, with his favorites including - -the completion of the Market Garage Project, return of passenger rail to Roanoke, and Franklin Road Bridge Project; WHEREAS, the City of Roanoke has benefitted immensely from the expertise, character and commitment demonstrated by Mr. Callaghan through his work as City Attorney, which has elevated the City and citizens of Roanoke as an example of integrity, always seeking the best for our community and the region; and WHEREAS, Mr. Callaghan has been married for 39 years to Clare Morrill Callaghan, and is a great father, grandfather and father -in -law, to son Christopher, grandson Patrick, and daughter -in -law Tierney; and looks forward to spending time with them in his retirement. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this Resolution to pay tribute to Daniel J. Callaghan and recognize, commend, and applaud his service rendered to the City of Roanoke and its people. 2. The City Clerk is directed to transmit an attested copy of this Resolution to Mr. Callaghan. ATTEST: 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 Email: clerk @roanokeva.gov September 21, 2020 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, subject to the jurisdiction of the City Audit Committee, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. Si cerely, Anita J. Price, Chair City Audit Committee AJP:ctw 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 September 21, 2020 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 wish to request a Closed Meeting to discuss the annual performances of the Council - Appointed Officers, 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 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 September 14, 2020 The Honorable Sherman P. Lea, Sr. and Members of Roanoke City Council c/o Cecelia F. McCoy, CMC, City Clerk Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 RE: Resignation as Member of City Council Dear Mayor Lea, Members of Council, and Clerk McCoy: Council Members William D. Bestpitch Joseph L. Cobb Michelle L. Davis Djuna L. Osborne Anita J. Price Patricia White -Boyd I hereby submit my resignation as a Member of Roanoke City Council effective September 16, 202o at 5:00 pm EDT. Thank you. Sincerely, Djuna L. Osborne PC: Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Troy A. Harmon, Municipal Auditor - ?0 SEP-14 PM11 :35 CECELIA F. MCCOY, CMC City Clerk 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: clerkeroanokeva.gov September 21, 2020 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: CECELIA T. WEBB, CMC Deputy City Clerk Pursuant to the City Code Section 2- 283.1, Vacation of office, this is to advise you that Craig Gill - Walker has missed more than three consecutive meetings as a member of the Mill Mountain Advisory Board. Sincerely, J, Vw C ( <J Cecelia F. McCoy, CMC City Clerk NOEL C. TAYLOR MUNICIPAL BUILDING ENO, W-1 215 CHURCH AVENUE, S. W., Room 303 ROANOKE, VIRGINIA 24011 ROANOKE 540.853.2236 PARKS AND RECREATION WWW•PLAYROANOKE.COM 14 September 2020 The Honorable Mayor and Members of City Council: CAPRA ACCREDITFD In accordance with City Code Section 2- 283.1, Vacation of office because of absences, I am writing to respectfully request Council's consideration to appoint a new member to the Mill Mountain Advisory Board. Craig Gill - Walker was appointed to the Board in August of 2019, filling the unexpired term of William Sellari. Since that time, Mr. Gill- Walker attended his first Board meeting in September of 2019 and has not attended a meeting since. Given that he has missed more than three consecutive meetings without providing notice or reason, on behalf of the Board, please consider our request for a new appointment to the Mill Mountain Advisory Board. Sincerely, �Q - G David Perry, Chair Mill Mountain Advisory Board C'ECELIA F. 11CC'O1', CM1IC' 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 @roanokeva.gov September 22, 2020 Harwell M. Darby, Jr., Secretary Economic Development Authority Glenn, Feldmann, Darby and Goodlatte 37 Campbell Avenue, S. W. Roanoke, Virginia 24011 Dear Mr. Darby: CECELIA T. NN EBB, CMC Depute Cite Clerk This is to advise you that William Poe has qualified as a Director of the Economic Development Authority of the City of Roanoke for a four -year term of office, commencing October 21, 2020 and ending October 20, 2024. Sincerely, 0 "A' Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, William Poe, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Director of the Economic Development Authority of the City of Roanoke for a four -year term of office, commencing October 21, 2020, and ending October 20, 2024, according to the best of my ability. (So help me God.) 4<1e_40z� WILLIAM POE The foregoing oath of office was taken, sworn to, and subscribed before me by William Poe this day of 2020. Brenda S. Hamilton, Clerk of the Circuit Court By 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 The Honorable Mayor and Members of City Council Roanoke, Virginia TELEPHONE 540- 853 -2431 FAX 540 -853 -1221 EMAIL: cityatty @roanokeva.gov September 21, 2020 Re: Request for closed meeting Dear Mayor Lea and Council Members: Timothy R. Spencer David L. Collins Heather P. Ferguson Laura M. Carini Douglas P. Barber, Jr. Assistant City Attorneys This is to request that City Council convene a closed meeting pursuant to Sec. 2.2- 3711.A.7, Code of Virginia, to consult with legal counsel and hear briefings by staff members or consultants pertaining to actual litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body. With kindest personal regards, I am Sincerely yours, all /It P ' '4/ allaghan Daniel J. City Attorney DJC /lsc c: Robert S. Cowell, Jr., City Manager Cecelia F. McCoy, 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 September 21, 2020 Djuna L. Osborne Anita J. Price Patricia White -Boyd The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: Pursuant to Section 9, Elections by Council, when held, terms, etc., of the Roanoke City Charter, that during the month of September 1974 and during the month of September of the second year thereafter, the Council shall elect a City Clerk, City Attorney and a Municipal Auditor, each of whom shall serve for a term of two years from the first day of October next following the date of their election and until their successor shall have been elected and qualified. With your concurrence, I recommend that the following Council Appointed officers be reappointed for two -year terms ending September 30, 2022. Cecelia F. McCoy, CMC, City Clerk Troy A. Harmon, Municipal Auditor Sincerely, Michelle L. Davis, Chair Roanoke City Personnel Committee MLD:ctw CECELIA F. NICCOY, ChIC Cih Clerk Troy A. Harmon Municipal Auditor Roanoke, Virginia Dear Mr. Harmon: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fas: (540) 853 -1145 E -mail: clerk(a roanokeNa.go% September 22, 2020 CECELIA T. XVEBB, CHIC Depute Cit.% Clerk At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 21, 2020, you were reappointed as Municipal Auditor of the City of Roanoke, for a term of two -years commencing October 1, 2020, and ending September 30, 2022. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosures COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) I, Cecelia F. McCoy, 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 twenty -first day of September 2020, Troy A. Harmon was reappointed as Municipal Auditor of the City of Roanoke, for a term of two -years commencing October 1, 2020 and ending September 30, 2022. Given under my hand and the Seal of the City of Roanoke this twenty- second day of September 2020. YYI0- 17- City Clerk CECELIA F. NICCON', C SIC Cite Clerk Cecelia F. McCoy City Clerk Roanoke, Virginia Dear Ms. McCoy: 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(a roanoke%a.noc September 22, 2020 CECELIA T. WEBB, C IC Depute C'ih Clerk At a regular meeting of the Council of the City of Roanoke, which was held on Monday, September 21, 2020, you were reappointed as City Clerk of the City of Roanoke, for a term of two -years commencing October 1, 2020, and ending September 30, 2022. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." Sin c el Cecelia T. Webb, CMC Deputy City Clerk Enclosures COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) I, Cecelia T. Webb, Deputy City Clerk, and as such Deputy 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 twenty -first day of September 2020, Cecelia F. McCoy was reappointed as City Clerk of the City of Roanoke, for a term of two -years commencing October 1, 2020 and ending September 30, 2022. Given under my hand and the Seal of the City of Roanoke this twenty- second day of September 2020. -f ty City Clerk /DOT Virginia Department of Transportation a: a)p. .6r e-�;ny VDOT ROUTE 220 CORRIDOR INTERSECTION IMPROVEMENTS Ken King, Salem District Engineer September 2020 Anne Booker, Salem District Traffic Engineer UPC 110887, 115455 CRAIG COUNTY BOTETOURT ROANOKE COUNTY C" of sawn /f J MONTGOMERY COUNTY r' y FLOYD COUNTY PATRICK COUNTY _ sluoy co-d n A N XVDOT Route 220 Corridor Intersection Improvements BEDFORD COUNTY ily OI Puamke Taw re.sl FRANKLIN COUNTY HENRY COUNTY 7 Intersections, Multiple Regional and Local Benefits Roanoke City /Roanoke County Southern Hills Drive /Valley Avenue (Route 862) Pheasant Ridge Road /Crossbow Circle (Route 1290) Roanoke County Buck Mountain Road (Route 679) Indian Grave Road /Clearbrook Village Lane (Route 675) Franklin County Wirtz Road (Route 697) Sontag Road /Cassell Drive (Routes 619/816) Henry County Bassett Forks /Dyer Street (Route 1210) Total Cost of Corridor Improvements $16.1 million Route 220 Corridor Intersection Improvements CRAIG COUNTY BOTETOURT COUNTY a AwtrM 11 4W ROANOKE COUNTY _�. _ BEDFORD COUNTY Tovin of vntun CRY of S.W. R__ke MONTGOMERY to w d COUNTY Boer W# FLOYD COON of Rxg suet -' FRANKLIN COUNTY \e �1 PATRICK COUNTY HENRY COUNTY so _ Study GR"Ktw M�swY d K PITTSV A �,r� t•" W ° N COON VOOT 7 Intersections, Multiple Regional and Local Benefits Project background: • Arterial Preservation- Roanoke, Franklin, and Henry Counties • Bassett Forks intersection in Henry County • Summit View Business Park, Franklin County • 220 Expressway -Route 419 Diverging Diamond Interchange Improvements, Roanoke City and Roanoke County • Funding for Route 220 access improvements north of Route 58 Bypass in Henry County Project goals: • Safety, congestion, and access improvements • Support current and future economic development • Innovative intersection solution — signal phase reduction • Cost effective and fundable project Traffic Signal Phases -Four Phase Example Percentage Of Time Provided To, Mainline Through Movements XVDOT Southern Hills Drive /Valley Avenue & Route 220 Example Intersection Traffic Signal Phases - Four Phase Example 10% Percentage Of Time Provided To Mainline Left Movements XVDOT Home Depot " IMP"" _. _ IT Southern Hills Drive /Valley Avenue & Route 220 Example Intersection Traffic Signal Phases - Four Phase Example Percentage Of Time Provided To 1 st Side Street Movement `VDOT Southern Hills Drive /Valley Avenue & Route 220 Example Intersection Traffic Signal Phases - Four Phase Example Typical Percentage Of Time Provided To 2nd Side Street Movement y 11% XVDOT i D p, ir;mcrnof T� an�sp rt3tion Southern Hills Drive /Valley Avenue & Route 220 Example Intersection Traffic Signal Phase Reduction Four Phase Signal -kVDOT VS Three Phase Signal Thru -Cut Improvement Concept • What's changing? • Rerouting small through movement volumes from side streets ( <1 %) • Streamlines signal phasing to make all movements more efficient • Pedestrian accommodations included at urban intersections • What stays the same? • Left turns, through movements, and right turns on Route 220 are maintained • Left and right turns from side street are maintained XVDOT Example Intersection LO N o 143 (73) �..�. 1,855 (1,337) 55 (56) 220 59 (64) 949 (19936) 50 (87) o °�° Iq Valley Ave XX (XX) = AM (PM) peak hour volumes Traffic Signal Phases - Proposed Three Phase Signal By consolidating the side street movements into a single phase, additional green time can be provided to each remaining phase. Percentage Of Time Provided To ---- Side Street Movements With Phase Reduction -kvDOT Southern Hills Drive /Valley Drive & Route 220 Example Intersection Southern Hills Drive/Valley Avenue Intersection City of Roanoke /Roanoke County �o ti 1 I a , Starbucks 1 N v Q Carter Bank & Trust r � 11L`t t -1'' •' �;� ` Home Depot Allowable Movements Allowable Movements i Existing Conditions Proposed Conditions N� Fleet Feet/Lowe's �F .�! �• „ti �' 1 X i 1 w ve Z n_ NV D OT XX()(Xj =AM iPM) Peak Hour Volumes Pheasant Ridge Road /Crossbow Circle Intersection City of Roanoke /Roanoke County 1, _I ;f W OLD HERITAGE CORPORATION 03 f-- ,- Crossbow Cir. I Hunting HillS W � ' I i 1VOOT II 06 1 N X 11 C II c O II „ „ it BRIXMOR GA APOLLO Taco Bell SUB HOLDINGS, LLC I (I � +► pleasant Rid�`e — „-„V -► � Route 220 Corridor Intersection Improvements CRAIG COUNTY BOTETOURT COUNTY N IMAMS .W ROANOKE COUNTY �— t,...� BEDFORD COUNTY t TtMn d Y'�1m /" If, Ot Rwiwke 220 MONTGOMERY Yww of COUNTY �� FLOYD COUNTY AIxkY "'W"t FRANKLIN COUNTY j PATRICK COUNTY RENRY COUNTY no so so Z StuOy ConMw -- 220 of Newly PITTSY A � j- COUN N XVDOT 7 Intersections, Multiple Regional and Local Benefits • Improves safety by reducing the number of stops • Reduces delays (mainline by 24 %, side street by 18 %) • Creates shorter wait times • Adds pedestrian accommodations to enhance safety • Minimizes impacts to businesses along the corridor • Innovative intersection solution provides cost - effective, corridor -wide benefits within available funding Without these intersection improvements, traffic congestion is expected to constrain future growth and travel along the Route 220 Corridor from Roanoke to Martinsville. CRAIG COUNTY ROTETOURT ROANOKE COUNTY CRY 0100" .. MONTGOMERY COUNTY Y FLOYD COUNTY f ln: %f PATRICK COUNTY sluov con4o, XVDOT Route 220 Corridor Intersection Improvements BEDFORD COUNTY 7O a Km- Of R-.i " " AxA. MaaR FRANKLIN COUNTY CRY HENRY COUNTY a RWI—n 7 Intersections, Multiple Regional and Local Benefits Roanoke City /Roanoke County Southern Hills Drive /Valley Avenue (Route 862) Pheasant Ridge Road /Crossbow Circle (Route 1290) Roanoke County Buck Mountain Road (Route 679) Indian Grave Road /Clearbrook Village Lane (Route 675) Franklin County Wirtz Road (Route 697) Sontag Road /Cassell Drive (Routes 619/816) Henry County Bassett Forks /Dyer Street (Route 1210) Total Cost of Corridor Improvements I $16.1 million Route 220 Corridor Intersection Improvements CRAIG COUNTY BOTETOURT COUNTY • ` 11 4W ROANOKE COUNTY 460 T..,... BEDFORD COUNTY of R—We 440 MONTGOMERY Twmd COUNTY Aer�KWl s a FLOYD COUNTY YNc4 YooM FRANKLIN COUNTY 440 PATRICK COUNTY HENRY COUNTY ti � � study CorrMUf �--"—" 240 awn of Rtl9e'�'sY PRTSV A ��� r,,.� " - -. N a 1 CO T XVDOT 7 Intersections, Multiple Regional and Local Benefits Proiect Schedule • Design — Underway • Public involvement — Begins September 22nd - www.virginia.org/route220intersections - Notification letters to businesses along the corridor - Survey (Submit comments by October 2, 2020) • Construction — Scheduled to begin in 2021 XVDOT QUESTIONS? UPC 110887, 115455 September 2020 VDOT220 Corridor Operational Improvements -Roanoke County 8 Roanoke City �,,,� `�� Working Document —DRAFT XVDOT VDOT 220 Corridor Operational Improvements - Roanoke Coun!loan 8 oke � Worg Document — DRAFT '\VOOT IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41863- 092120. A RESOLUTION authorizing acceptance of the FY2021 Fire Programs Funds Grant made to the City of Roanoke by the Virginia Department of Fire Programs, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: I. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Fire Programs the FY2021 Fire Programs Funds Grant in the amount of $369,665, with no local match, such Grant being more particularly described in the City Council Agenda Report dated September 21, 2020. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the Grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Department of Fire Programs in connection with the acceptance of the foregoing Grant. R -Fire Program Grant -FY21 9.21.20.doc ATTEST: City Clerk. d (e IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41864 - 092120. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs, amending and reordaining certain sections of the 2020- 2021 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 2020 -2021 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment <$5,000 Training and Development Wearing Apparel Recruiting Technology Maintenance Contracts Vehicle & Equipment Supplies Revenues Fire Program FY21 35- 520 - 3386 -2035 $ 150,065 35- 520 - 3386 -2044 40,000 35- 520 - 3386 -2064 80,000 35- 520 - 3386 -2065 5,000 35- 520 - 3386 -2555 73,600 35- 520 - 3386 -0610 21,000 35- 520 - 3386 -3386 369,665 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: C . "- - 9woat City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 21, 2020 Subject: Virginia Department of Fire Programs FY2021 Funding for Roanoke Fire -EMS Background: The Fire Programs Fund was established by the General Assembly during the mid - 1980s. Program funds are used to supplement the Fire -EMS budget in the General Fund. Program guidelines require that funds received are non - supplanting and may not be used to replace existing local funding. Roanoke Fire -EMS has been awarded FY 2021 funding in the amount of $369,665. The funds will be spent as follows: Expendable Equipment < $5,000 $150,065 Training and Development $ 40,000 Wearing Apparel $ 80,000 Recruiting $ 5,000 Technology Maintenance Contracts $ 73,600 Vehicle & Equipment Supplies $ 21,000 Considerations: Council approval is required to accept the funds in the amount of $369,665 from the Virginia Department of Fire Programs. Recommended Action: Authorize the City Manager to accept the grant and file any documents, approved as to form by the City Attorney, setting forth the conditions of the FY2021 Fire Programs Funds Grant, and to furnish such additional information as may be required. Adopt the accompanying budget ordinance to establish a revenue estimate for Fire Program FY2021 and to appropriate funding in the amount of $369,665 into accounts to be established by the Director of Finance in the Grant Fund. --------------------------- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Deputy City Manager Amelia C. Merchant, Director of Finance i e i �1 l . 1 1 I I0� j Michael T. Reilly Virginia Department of Fire Programs EXECUTIVE DIRECTOR Robert Dube DEPUTY DIRECTOR September 2, 2020 Robert Cowell, Jr. City Manager, Roanoke 713 Third St. SW Roanoke, VA 24016 Dear Mr. Cowell: Brook Pittinger ASSISTANT CHIEF OF ADMINISTRATION AND RISK MANAGEMENT SERVICES 770 Enclosed is one original of the FY -2021 Fire Programs Fund Disbursement Agreement. The Virginia Department of Fire Programs is in receipt of the jurisdiction's FY -2020 Annual Report. The jurisdiction will be receiving 100% of its FY -2021 Allocation in the next funds disbursement scheduled for September 25, 2020. Please be aware starting in August 2017 the ATL annual funds disbursements will no longer be split into two payments. Qualifying localities will receive their full ATL payment when they submit their annual reporting documents. If you have any questions, feel free to contact me at my office 804!249 -1958 or via email at Theresa. Hunter g, vdfp. vir inia.gov. Respectfully, / Theresa Hunter Budget and Grants Manager Enclosure 1005 Technology Park Drive, Glen Alien, VA 23059 -4500 Phone: (804) 371 -0220 or Fax: (804) 371 -3444 www.vafire.com fit 1'{N v Commonwealth of Virginia Department of Fire Programs FY -20 21 FIRE PROGRAMS FUND DISBURSEMENT AGREEMENT This Agreement, made effective as of the 1" day of July, 4M , by the DEPARTMENT OF FIRE PROGRAMS (the "Agency ") and the LOCALITY noted below (the "Receiving Locality"), governs the distribution and use of the Receiving Locality's annual entitlement from the Fire Programs Fund ( "the Fund "), as provided for in §38.2 -401 of the Code of Virginia as amended (the "Statute "). WHEREAS, the Statute in effect as of the date first written above is incorporated herein by reference; and WHEREAS, the Receiving Locality is thereunder required to execute a "Fire Programs Fund Disbursement Agreement" and forward same to the Agency as a condition of receiving any allocation or disbursement from the Fund; NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants herein set forth, the parties hereto agree as follows: 1. Representations of the Agency. The Agency represents that the Agency is duly organized and the Executive Director duly appointed by the Governor and confirmed by the General Assembly as provided for by the Code ofVirginia, and that the Executive Director or his designee is duly authorized to enter into this agreement. 2. Representations of the Receiving Locality. The Receiving Locality represents 3� that (a) its authorized representative whose signature appears below has read and understands the referenced sections of the Statute and any Policies & Definitions adopted thereunder, (b) it agrees comply with all applicable provisions of the Statute and any Policies & Definitions adopted thereuFder, ti including the use of such funds and all reporting and audit requirements and (c) it is duly authorlled to a execute this Agreement and to perform its obligations hereunder and has taken all necessary action to authorize such execution and performance. 3. Availability of Funds. It is understood and agreed by the parties hereto that the AGENCY shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purposes of this Agreement. The Recipient shall deposit funds in an interest - bearing account or normal risk and with a demand restriction, if any, not exceeding 30 calendar days until they are needed. The Recipient must be able to account for both the principal and the interest amounts. A a 0 ?7 m� co 7,2011 Page 1 of 2 4. Merger; Severability; Governing Law. This writing constitutes the entire Agreement between the parties, supersedes any existing agreement or understanding, oral or written, relative to the matters contained herein, and may be modified only in a writing executed by all parties hereto. If any provision of this Agreement is determined to be invalid by a court of competent jurisdiction, it shall not render the remaining portions of this Agreement void or unenforceable. This Agreement shall in respects be governed by the laws of the Commonwealth of Virginia. 5. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. IN WITENESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement effective as of the date first written above, intending to be bound thereby. Commonwealth of Virginia Department of Fire Programs BY: —� THERESA HUNTER BUDGET AND GRANTS MANAGER ........................................................ .. ....... ................. : RECEIVING LOCALITY: Citv of Roanoke BY: 1 0Y 41-ij Si tats Date Robert Cowell, Jr. d Name a g City Manager 1 Z Title T (Non-P.0' NO 0 Office Roanoke Fire -EMS Address: 713 Third St. SW o o Roanoke, VA 24016 0 -- a (a o; Mailing SAA 3 Address: G" E -mail Telephone Address: Tami.Landisanroanokeva.aov Number: 540- 853 -2216 7/2011 Page 2 of 2 Commonwealth of Virginia Aid to Localities (ATL) Department of Fire Programs FY 2021 Allocations Updated as of 6/29/2020 Virginia Total Localities 323 010011024 $ 32 308 537 0 Description FIN FIPS Code Population PAYMENT (100 %) Transfer (Quarter) Newport News 0000050480 700 180,719 $ 688,489 $ 2,452,405 $ 9,383,618 $ 1 Norfolk 0000050446 710 242,803 $ 925,012 $ - Norton 0000050225 720 3,958 $ 30,000 $ - Petersburg 0000046251 730 32,420 $ 123,511 $ - Po uoson 0000050231 735 12,150 $ 46,288 $ - Portsmouth 0000050162 740 95,535 $ 363,962 $ - Radford 0000054639 750 16,408 $ 62,510 $ Richmond 0000058592 760 204,214 $ 777,998 $ Roanoke 0000052033 770 97,032 $ 369,665 $ Salem 0000054643 775 24,802 $ 94,489 $ Staunton 0000052026 790 23,746 $ 90,466 $ Suffolk 00000532961 800 84,585 $ 322,245 $ - Virginia Beach 0000050813 810 437,994 $ 1,668,635 $ - Waynesboro 0000052017 820 21,006 $ 80,027 $ - Williamsburg 0000053210 1 830 14,068 $ 53,595 $ - Winchester 0000051009 840 26,203 $ 99,826 $ - Total Cities 38 2,452,405 $ 9,383,618 1 $ - 0 (a) Note` FY2021 Allocations estimates calculated with new 2010 US Census data Summary Localities Friday, September 25, 2020 INITIAL PAYMENT Population2 (100 %) 5,040,906 19,268,304 $ - Transfer Count Counties 95 0 Towns 190 507,713 $ 3,656,615 $ - 0 Cities 38 2,452,405 $ 9,383,618 $ 1 0 Vir inia 3231 1 8,001,024 $ 32,308,537 $ 0 Scheduled disbursements dates for FY -2021 Properly completed forms received by will have funds released for electronic transfer by. Friday, August 21, 2020 Friday, September 25, 2020 Friday, November 20, 2020 Friday, December 25, 2020 Friday, February 19, 2021 Friday, March 19, 2021 Friday, May 21, 2021 Friday, June 25, 2021 ATL disbursements are made via an electronic funds transfer (EFT) to the account -of- record of each jurisdiction. Page 7 of 7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41865 - 092120. A RESOLUTION accepting the 2021 Virginia Department of Motor Vehicles Highway Safety Grant to the City from the Commonwealth of Virginia's Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept from the Commonwealth of Virginia's Department of Motor Vehicles, the Virginia Department of Motor Vehicles Highway Safety Grant in the amount of $200,000, to implement a citywide Speed awareness safety media and education campaign designed to increase awareness of the adverse effects of speeding and to decrease the incidence of speeding in the City of Roanoke. The grant, which requires a 25% match of $50,000, by the City, is more particularly described in the City Council Agenda Report dated September 21, 2020. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Motor Vehicles, in connection with the application and acceptance of the foregoing grant. Virginia DMV Highway Safety Grant 9.21.20.doc ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41866 - 092120. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation for Pedestrian Safety Campaign, amending and reordaining certain sections of the 2020- 2021 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 2020 -2021 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees For Professional Services 35- 530 - 3924 -2010 $ 200,000 Revenues DMV — FY21 PSAC 35- 530 - 3924 -3924 200,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ot'tt� J_- me_ 14"t City Clerk. CITY COUNCIL AGENDA REPORT u To: Honorable Mayor and Members of City Council Meeting: September 21, 2020 Subject: 2021 Department of Motor Vehicles (DMV) Highway Safety Grant - Speed Awareness Safety Campaign Background: The Virginia DMV is the administering agency for pass- through funds provided by the National Highway Traffic Safety Administration. The Virginia DMV offers these funds to successful applicants for activities, which improve highway safety in Virginia. Transportation Division staff applied for this grant for a second time, following the success of the Pedestrian Safety Campaign: Every Corner is a Crosswalk. This grant will fund a Speed Awareness Safety Education Campaign. The City of Roanoke has been awarded $200,000 in funding to implement a city -wide Speed Awareness Safety Media and Education Campaign designed to increase awareness of the adverse effects of speeding and to decrease the incidence of speeding in the City of Roanoke. This funding will allow the Roanoke Transportation Division to hire a consultant to develop the campaign planning and strategy, coordinate material production and direct media buys. There is a required 25% match of $50,000 associated with this award that will be satisfied through the DMV's Paid Media one -to -one match requirement, where media outlets supply a comparable free spot in exchange for every paid spot. Additionally, staff time used managing this grant can count toward the grant match. Recommended Action: Accept the 2021 DMV Highway Safety (Education: City of Roanoke Speed Awareness Safety Campaign) Grant described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $200,000 in grant revenue and appropriate funding in the same amount into accounts to be established by the Director of Finance in the Grant Fund. Robert S. Cowell, .Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Deputy City Manager Amelia C. Merchant, Director of Finance Mark Jamison, Director of Public Works Dwayne D'Ardenne, Transportation Division Manager E CO.MINIONWEALT11of VIRGINIA Department of Motor Vehicles Richard D. Holcomb Post Office Box 27412 Commissioner 2300 West Broad Street Richmond, VA 23269 -0001 August 1. 2020 Andrea Garland Traffic Engineer Roanoke City 1802 Courtiand Rd., NE Roanoke, VA 24012 Dear Andrea Garland: Safety has been and will continue to be a high priority in Virginia's overall transportation system. The Northam administration is committed to ensuring that safety is the highest priority in the development of the Commonwealth's multi -modal transportation system. I am pleased to inform you that the highway safety project proposal(s) listed below is ;approved for pass - through grant funding from the National Highway Traffic Safety Administration for Federal Fiscal Year (FFY) 2021. Proiect Number P�ject Title Amount Approved FSC- 2021 - 51155 -21155 Education/City of Roanoke- Traffic $200.000.00 Speed Awareness Safety Campaign The availability of funds under this grant is contingent upon two conditions: (1) the project director and the fiscal contact responsible for the financial management of your grant must attend a grantee workshop and (2) the release of federal funds to the Commonwealth. Your assigned project monitor will be contacting you to provide the dates and locations for this mandatory training. You will receive the Highway Safety Grant Agreement package after the training session. As the recipient of an FFY 2021 grant award. it is important that you read and follow the information, including the Code of Federal Regulations, carefully. If you have any questions regarding the conditions, please contact the project monitor assigned to your grant. Thank you for your commitment and participation in improving highway safety. We look forward to the positive impact that your project will have on snaking our roadways safer. Sincerely, Richard D. Holcomb RDH/sm Project Monitor: Steven Williams Phone (804)497 7100 TDD 1- 800 - 272.9268 Website wwwdrn�,NOWcom A'� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41867 - 092120. A RESOLUTION authorizing the acceptance of the 2021 Department of Motor Vehicles Traffic Safety (Selective Enforcement - Alcohol) Grant to the City from the Virginia Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the 2021 Department of Motor Vehicles Traffic Safety (Selective Enforcement — Alcohol) Grant in the amount of $32,186, to be used for traffic enforcement targeting alcohol impaired drivers. This grant, which requires a $16,093 in- kind match and includes a voluntary cash match of $2,126 by the City, is more particularly described in the City Council Agenda Report dated September 21, 2020. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Motor Vehicles, in connection with the application and acceptance of the foregoing grant. ATTEST: R -DMV Traffic Safety (Selective Enforcement - Alcohol) Grant 2021 9.21.20.doc City Clerk 1 m IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41868 - 092120. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for an alcohol enforcement traffic safety grant, amending and reordaining certain sections of the 2020 -2021 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 2020 -2021 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages FICA Training and Development Revenues DMV Alcohol Enforcement FY21 - Grant DMV Alcohol Enforcement FY21 - Local 35- 640 - 3929 -1003 $ 27,786 35- 640 - 3929 -1120 2,126 35- 640 - 3929 -2044 4,400 35- 640 - 3929 -3929 32,186 35- 640 - 3929 -3930 2,126 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 Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 21, 2020 Subject: 2021 Department of Motor Vehicles (DMV) Traffic Safety Grant - Selective Enforcement - Alcohol Background: The Virginia DMV is the administering agency for pass- through funds provided by the United States Department of Transportation for highway safety projects in Virginia. The Virginia DMV offers these funds to successful applicants for activities which improve highway safety in Virginia. The Roanoke Police Department regularly applies for grant funding under this program. The Roanoke Police Department has been awarded $32,186 in funding to be used for traffic enforcement targeting alcohol impaired drivers. This funding will allow the Roanoke Police Department to fund overtime traffic enforcement and send officers to traffic safety training. There is a required 50% in -kind match of $16,093 associated with this award that will be satisfied through the Roanoke Police Department's expenditure on motor fuel and vehicle operation. The grant specifically prohibits FICA related to overtime therefore this related necessary expense will be included as a voluntary cash match of $2,126. Recommended Action: Accept the 2021 DMV Traffic Safety (Selective Enforcement - Alcohol) Grant described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $34,312 consisting of $32,186 in grant revenue and $2,126 in a cash match to be transferred from the grant match account and appropriate funding in the same amount into accounts to be established by the Director of Finance in the Grant Fund. -- - - - -- - - -- ----- - - - - -- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Deputy City Manager Amelia C. Merchant, Director of Finance Sam Roman, Chief of Police of,Com HIGHWAY SAFETY GRANT AGREEMENT nia Oepariment Of Motor VehIC195 P06t O1GCe Box 27412 Richmond Virginia 23269 -0001 Purpose: Virginia's Highway Safety Program Subrecipients use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement. Instructions: Subrecipients must read the contract, complete all applicable information on the first and last page, initial the subsequent pages, and return all pages to the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter "Department "), nann %A)a 4 C2rnnri Cfraaf Rirhmnn l th inia 9R79n anti tha fnlinwinn' Subrecipient: Federal Award Identification Number (FAIN): Roanoke City 69A37519300001540VAA Project Title: Selective Enforcement - Alcohol Project Number: 154AL- 2021 -51005 -21005 CFDA Number: 20.607 Grant Award Amount: $ 32,186.00 CFDA Name: Alcohol Open Container Requirements Period of Performance: Source of funds obligated to this award: From October 1, 2020, or the date the Highway Safety Grant Agreement is signed by the Director, Virginia Highway Safety Office U.S. Department of Transportation National Highway Traffic Safety Administration (NHTSA) (whichever is later) through September 30, 2021. Allow 21 days for the Department to complete its review and signature. FINAL Date of Award Letter from NHTSA: September 30, 2020 VOUCHER IS DUE ON OR BEFORE NOVEMBER 5, 2021. In performing its responsibilities under this Highway Safety Grant Agreement, the Subrecipient certifies and assures that it will fully comply with the following: • Applicable Department regulations and policies and State and Federal laws, regulations, and policies • Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant Agreement • General Terms and Conditions, also included with this Highway Safety Grant Agreement Subrecipient's signature below indicates that the Subrecipient has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter "Grant Agreement "), consisting of this certification, the attached Statement of Work and Special Conditions, the attached General Terms and Conditions, the attached Project Budget, the Subrecipient's proposal and the letter awarding the grant to the Subrecipient constitutes the entire agreement between the Department and the Subreciplent, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein Where any conflict arises between terms, the following is the order of governance of one term over another: (1) applicable Department regulations and policies, except where superseded by Federal laws, regulations, or policies; (2) applicable State laws, regulations, and policies, except where superseded by Federal laws, regulations, or policies; (3) applicable Federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terms and Conditions; (6) Project Budget; (7) Subrecipient's proposal; and (8) grant award letter. Subreciplent certifies that this grant does not include research and development. SIGNATURES OF AUTHORIZED APPROVING OFFICIALS For Subrecipient: For Virginia Department of Motor Vehicles: e ;, JT�ijhle7 �' . �iE�� l/s John Saunders qdm'6 and Title o— fject Director (print) Director, Virginia Highway Safety Office (print) W o —Sig ure to Signature Date Subrecipient's DUNS Number 1115173270000 Does your locality /legal entity expend $750,000 or more annually in total federal funds? (check one) XYes __ No Name and Title of Authorized Approving Official (print) Signature Date D c, S S S G I{ o o a) g U CL 14 / ■ 0 j Q 9] c 8 8 8 8 2 G 2 2 ■ J p J f-- $ r U. C14 V) _ 8 8 \ S § o� / § 2 ¢ § - f # S 2 � u R \ $ 2 2 ¢ _ $ § $ - - A / � § a u k in o � 0 o "0 m ( = a 2 to k � e ■ & n. § CD E a \ 2 k 0 \ 2 e \ j � k ■ 8 E Q \ C $ CO C: o $ 5 < LL $ 0 ■ k \ C4 CD 0 7 / k TSS 012A -AL (07101 /2020) Page 3 Subrecipient Name: Roanoke Ci Project #: 154AL 2021- 51005 21005 ------ STATEMENT OF WORK AND SPECIAL CONDITIONS 1. Goals and Specific Program Elements. The goals and specific program elements of the subrecipient's proposal are incorporated as the first item in this Statement of Work and Special Conditions. a. List Specific Program Elements: For October 1, 2020 through December 31, 2020 Estimated 269 number of overtime hours to be used Estimated 1 number of checkpoints Estimated 8 number of saturation /individual patrols For January 1, 2021 through March 31, 2021 Estimated 152 number of overtime hours to be used Estimated 0 number of checkpoints Estimated 8 number of saturation /individual patrols For April 1, 2021 through June 30, 2021 Estimated 152 number of overtime hours to be used Estimated 0 number of checkpoints Estimated 8 number of saturation /individual patrols For July 1, 2021 through September 30, 2021 Estimated 269 number of overtime hours to be used Estimated 1 number of checkpoints Estimated 8 number of saturation /individual patrols b. To conduct a minimum of 0 checkpoints and/or 2 saturation /individual patrols during the mandatory national Click It or Ticket Mobilization period in November 2020 and May 2021. Pre and post survey will be required. Mobilization data must be entered into TREDS (Traffic Records Electronic Data System). c. To conduct a minimum of 1 checkpoints and /or 4 saturation patrols for the mandatory Checkpoint Strikeforce Mobilization periods in December 2020 and August 2021, Mobilization data must be entered into TREDS. d. To have 10 number of sworn officers attend 1 number DMV approved traffic safety - related training events (e.g. DUI Conference, Virginia Highway Safety Summit, Field Sobriety Testing). e. Increase number of radar units in active use from 80 to 80 . (If approved, all units must be ordered by December 31, 2020 and put in service by March 31, 2021). Increase number of breath testing units in active use from 52 to 52. (if approved, all units must be ordered by December 31, 2020 and put in service by March 31, 2021). O� Project Director � Initial ate TSS 012A -AL (07/01'2019) Page 3.1 Subrecipient Name: _ _ Roanoke_ City___.__________ Project #: _154ALL2021- 51005 -21005 2. The subrecipient must contribute to the overall State Highway Safety Plan goals: a. ALCOHOL STATEWIDE GOAL: Decrease alcohol impaired driving fatalities 7 percent from the 2019 calendar base year of 264 to 245 by December 31, 2021. AGENCY GOAL: Check the box or boxes that apply for your agency goal and complete. C!�To reduce alcohol- impaired driving fatalities from _ _4 _ _ _ (CY2019) to _ 3 and reduce serious alcohol - related injuries from ___ 9 (CY2019) to . _ 7--by December 31, 2021. To maintain 0 alcohol- related fatalities and /or 0 serious alcohol- related injuries. UTo assist _ _ (county /city) in reducing overall alcohol fatalities and serious alcohol- related injuries. (To be used by towns that do not have any fatalities and /or serious injuries.) b. Subrecipient must participate in Checkpoint Strikeforce (CPSFNDrive Sober or Get Pulled Over (DSOGPO) Mobilizations (December 2020 and August 2021) and enter selective enforcement data electronically through TREDS. c. Subrecipient must participate in the national Click it or Ticket (CIOT) activities (November 2020 and May 2021) to include pre and post seatbelt surveys and submit selective enforcement and survey data electronically through TREDS. d. BASED ON ALCOHOL - RELATED CRASH DATA (using crash data from VAHSO or other approved local crash information): 50 percent of alcohol selective enforcement activities are to be conducted between the hours of 2100 — 0300 with special emphasis on the following days of the week: Thur., Fri. r Sat. The remaining ____5° percent of selective enforcement hours may be scheduled during other DMV approved identified high -crash time periods. e. Enforcement is to be conducted using data - identified problem locations. f. Grant - funded equipment must be ordered by December 31, 2020 and put in service by March 31, 2021. Documentation concerning use must be maintained. g. Subrecipient must submit a completed monitoring report (TSS 14 -A) to their DMV Project Monitor by specific assigned dates. h. Subrecipient must attend all mandatory DMV grant - related trainings. i. Zero tolerance (no warnings) for alcohol, speed or seat belt violators during grant- funded overtime. Project Director % 0 Initial Date TSS 0128 (0701 +2020) Page 4 HIGHWAY SAFETY GRANT AGREEMENT GENERAL TERMS AND CONDITIONS 1. Purpose and Background. The Virginia Department of Motor Vehicles ( "Department ") is awarding this grant to support the implementation of highway safety projects by State, local, non - profit, and higher education partnerships. Funds are made available for projects that: (1) support statewide goals; (2) identify problems experienced by High Emphasis Communities, which are jurisdictions with the highest crash severity problem; (3) creatively incorporate alcohol awareness and occupant protection safety; (4) are innovative with potential statewide application or ability to transfer to other jurisdictions; and (5) have statewide significance and address the Federal program areas under 23 U.S.C. (United States Code), Chapter 4: Highway Safety and 23 U.S.C. 154 (Section 154). 2. Paid Media. Grants consisting of $100,000 or more in paid media funds will be required to perform pre - and post - surveys during the Grant Period. The level of assessment is based on the cost of a paid advertising campaign as follows: A. Level 1, for a paid advertising campaign of up to $100,000: At a minimum, an assessment must measure and document audience exposure to paid advertised messages and the number of airings or print ads devoted to each announcement. The size of the audience needs to be estimated using a source appropriate for the medium used, such as Arbitron or Nielsen ratings for radio and TV. More specifically, all paid advertising for which the State or Subrecipient used 154, 402 and 405 funds must include documentation stating how many paid airings or print ads occurred and the size of the audience reached. Include the number of free airings or print ads that occurred and the size of the audience reached. B. Level 2, for a paid advertising campaign greater than $100,000: In addition to providing the above Level 1 documentation, a more extensive assessment is required to measure target audience reaction. One or more of the activities in the following list may be used to assess how the target audience's knowledge, attitude, or actions were affected by the message(s): 1. Mail surveys; 2. Telephone surveys; 3. Focus groups; 4. Mall intercept interviews; 5. Direct mailings; 6. Call -in centers; 7. Newspaper polls; 8. Household interviews; 9. Before and after approach, which compares system status before and after the introduction of the message; and 10. Control region approach, which relates one study site exposed to the message to a similar site that is not exposed to the message. 3. Equipment. Costs for equipment are allowable under specified conditions. Costs for new and replacement equipment with a useful life of more than one year and an acquisition cost of $5,000 or more must be pre- approved before Subrecipient purchases the equipment. Such approval shall be obtained by the Department from the National Highway Traffic Safety Administration (NHTSA) regional manager in writing, and Subrecipient will be notified by the Department when this approval has been secured. Federal government requirements mandate that the Department maintain an accurate accounting and inventory of all equipment purchased using Federal funds, and Subrecipient shall comply with applicable reporting requirements that may be specified in the Highway Safety Policy and Procedures Manual and amendments thereto. Subrecipient must request advance, written approval from the Department and NHTSA to sell, transfer or dispose of any and all non - expendable equipment purchased in whole or in part with the use of Federal highway safety funds. Disposition of funds from the sale of equipment to another entity must be agreed upon by the Department and Subrecipient and approved by NHTSA and the Project Director's Initials j�� Date qy, / r1a TSS 0126 (07/0112020) Page 5 Department. In the event of a conflict between this section, 2 CFR (Code of Federal Regulations) Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), Sections 200.313 and 200.439, 2 CFR Part 1300 (Uniform Procedures for State Highway Safety Grant Programs) Section 1300.31, and 2 CFR Part 1201 (Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) Section 1201.313, the provisions of the applicable CFR control, except where inconsistent with statute. 4. Reports and Deliverables. Quarterly Progress and Monitor Reports shall be provided to the Department by the dates indicated: January 31, April 30, July 31, and November 5. Each Progress and Monitor Report shall address Subrecipient's progress in fulfilling items listed in the Statement of Work and Special Conditions, including funded elements of Subrecipient's proposal. These reports should include the findings from the evaluation component of the proposal and should indicate the criteria and methods by which the progress of the initiative has been evaluated. The format for Progress and Monitor Reports will be provided to Subrecipient, but, at a minimum, will require an assessment of the program's plan with actual accomplishments during the past quarter, partnership involvement and satisfaction, expected follow -up, changes/problems with the plan and how they will be addressed, a financial summary of expenditures for the reporting period and planned accomplishments during the next quarter. The final Progress and Monitor Report shall include a comprehensive, detailed report of all grant activities conducted during the full grant performance period, including a final summary of expenditures. Monitoring. The Department shall, throughout the Grant Period under this Grant Agreement and any extension of the program which is the subject of the Grant Agreement, monitor and evaluate the events, activities and tasks performed in connection with the program to include financial feasibility and progress of the grant and Subrecipient's continuing fiscal responsibility and compliance with applicable requirements and the terms and conditions of this Grant Agreement. Such monitoring and evaluation shall not in any manner relieve or waive any obligations of Subrecipient under this Grant Agreement or pursuant to applicable State and Federal law, regulations or rules. Any representation to the contrary by Subrecipient to any third party is strictly prohibited and may be grounds for the termination of this Grant Agreement by the Department. 5. Audit. A Subrecipient expending $750,000 or more in Federal awards (single or multiple awards) in a year is required to obtain an annual audit in accordance with the Single Audit Act (Public Law 98.502) and subsequent amendments (refer to 2 CFR Part 200 and 2 CFR Part 1201), and the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financial Statement Audit. The audit report must be submitted to DMV by March 15. Subrecipient is encouraged to submit their audit report to the Federal Audit Clearinghouse (FAC) at http: / /harvester.census.gov /sac /. Failure to meet the single audit requirements could result in your entity having to repay grant monies and /or losing access to future Federal funding. The State auditor may conduct an audit or investigation of any entity receiving funds from the Department, either directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. Acceptance of funds clTectly or indirectly under the Grant Agreement constitutes acceptance of the authority of the State auditor to conduct an audit or investigation in connection with those funds. In the event an audit reveals unallowable expenditures, Subrecipient will be responsible for repayment to the Department of such unallowable expenditures. 6. Closeout. Subrecipient is required to submit final requests for reimbursements and final Progress Reports according to the schedule identified in this Grant Agreement. Requests for reimbursements submitted after November 5 will be denied. Project Director's Initials( Date Y�zp TSS 0126 (07101/2020) Page 6 Article 1. COMPLIANCE WITH LAWS Subrecipient shall comply with all Federal, State, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of the Grant Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subrecipient shall furnish the Department with satisfactory proof of its compliance therewith. Article 2. STANDARD ASSURANCES Subrecipient hereby assures and certifies that it will comply with all applicable laws, regulations, policies, guidelines, and requirements, including 23 USC Chapter 4: Highway Safety; 2 CFR Part 200 and 2 CFR Part 1201; 23 CFR Part 1300; the Federal Highway Safety Grant Funding Guidance (Revised 2013); and the Guidelines for the Submission of Highway Safety Grant Applications, as they relate to the application, acceptance, and use of Federal or State funds for this project. Also, Subrecipient assures and certifies that: A. It possesses legal authority to apply for the grant and that a resolution, motion, or similar action has been duly adopted or passed as an official act of Subrecipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the authorized approving official of Subrecipient to act in connection with the application and to provide such additional information as may be required. B. It will comply with the Federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. C. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. D. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. E. It will comply with the Virginia State and Local Government Conflict of Interests Act, Va. Code §§ 2.2 -3100 et seq., which defines and prohibits inappropriate conflicts and requires disclosure of economic interests and is applicable to all State and local government officers and employees. F. It will give the Department the access to and the right to examine all records, books, papers, or documents related to the Grant Agreement. G. It will ensure that all public records prepared or owned by, or in the possession of, the applicant relative to this project shall be open to inspection and copying by any citizens of the Commonwealth during regular office hours in accordance with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2 -3700 et seq., unless otherwise specifically provided by law. H. If applicable, it will comply with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2 -3700 et seq., which require all meetings of public bodies to be open and every public body to give notice of its meetings and to record minutes at all open meetings. Article 3. GRANT AWARD COMPENSATION A. The method of payment for the Grant Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Grant Agreement. The amount stated in the Project Budget will be deemed to be the amount of the award to Subrecipient. B. Reimbursement for travel costs shall be subject to the requirements and limitations set forth in the State Travel Regulations established by the Virginia Department of Accounts. C. All payments will be made in accordance with the terms of the Grant Agreement. Project Director's InitialsDate 01'�/2 TSS 012B (07/01/2020) Page 7 The maximum amount eligible for reimbursement shall not be increased above the total amount stated in the Project, unless the Grant Agreement is amended as described in Article 5, Amendments and Modifications to Grant Agreement. D. To be eligible for reimbursement under the Grant Agreement, a cost must have been incurred in accordance with the Grant Agreement, within the time frame specified in the Grant Period as stated in the Grant Agreement, attributable to work covered by the Grant Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. Reimbursement is available only for costs that have been paid by Subrecipient. Under no circumstance will the Department provide up -front payments for costs not incurred and paid by Subrecipient. Costs related to contractual fees require additional documentation in order to be eligible for reimbursement. Subrecipient must submit a copy of each contract, memorandum of understanding /agreement, rental /lease agreement prior to implementing the contract activity and allow sufficient time (minimum of three (3) weeks) for review and approval to ensure that services and products being provided are allowable expenses attributable to work covered by the Grant Agreement. E. Federal or Department funds cannot supplant (replace) funds from any other sources. The term "supplanting refers to the use of Federal or Department funds to support personnel or an activity already supported by local or State funds, or other resources that would otherwise have been made available for the grant project. F. Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and 2 CFR Part 1201. G. For nonprofit organizations, Subrecipient must provide the most recent Form 990 (Return of Organization Exempt for Income Tax) submitted to IRS. Subrecipient must provide documentation of yearly salary or hourly pay and any other compensation, including fringe benefits, for each employee /position for which Subrecipient seeks reimbursement. Documentation of pay must be provided through a certified letter from the organization's Hoard Chair or President. Form 990 and the certified letter must be submitted with Subrecipient's signed Grant Agreement. Requests for compensation for pay raises, bonuses, and staff changes must be made in writing via email to the Department. The Department will review such requests and determine approval for reimbursement. The Department reserves the right to deny increased reimbursement for raises, bonuses, and staff changes. H. Subrecipient may request an Indirect Cost Rate for grants that are not enforcement related. Subrecipient must submit a copy of their Federally negotiated indirect cost rate. A Subrecipient that does not have a Federally negotiated indirect cost rate, may submit a letter requesting a de minimis indirect cost rate of 10% of modified total direct costs (2 CFR § 200.414(f)). Payment for indirect costs will not be made until the aforementioned documents have been received by the Department. Indirect cost references and information can be found in various parts of 2 CFR Part 200. I. Subrecipient will provide a monetary and /or in -kind match to the funded proposal. The required matching percentage of the project cost will be determined by the Department. Grant funds may not be used before Subrecipient can demonstrate that funds for the corresponding portion of the matching requirement have been received by Subrecipient. A matching report must be submitted with each reimbursement voucher and Subrecipient must keep documentation related to matching funds in the project file. J. Subrecipient agrees to submit Requests for Reimbursement on a quarterly basis or no more than one request per month, as outlined in the Highway Safety Policy and Procedures Manual. The original Request for Reimbursement, with the appropriate supporting documentation, must be submitted to the DMV Grants Management Office. Subrecipient agrees to submit the final Request for Reimbursement under the Grant Agreement within thirty -five (35) days of the end of the Grant Period or November S. All grant funds must be encumbered by the end of the grant period (September 301, complete with supporting invoices. At the end of the Grant Period, any unexpended or unobligated funds Project Director's Initials_ Date I / TSS 01213 (07/0112020) Page 8 shall no longer be available to Subrecipient. In no case shall Subrecipient be reimbursed for expenses incurred prior to the beginning or after the end of the Grant Period. K. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are cont <ngent upon the availability of appropriated funds. L. Grant Agreements supported with Federal or State funds are limited to the length of the Grant Period specified in the Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long -range benefits, Subrecipient may apply for funding assistance beyond the initial Grant Period. Preference for funding will be given to those projects for which Subrecipient has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. M. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, including this Grant Agreement, Subrecipient shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount of Federal funds provided for the project or program. Article 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of appropriated funds. If, at any time during the Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify Subrecipient, giving notice of intent to terminate the Grant Agreement, as specified in Article 11, Termination. Article 5. AMENDMENTS AND MODIFICATIONS TO GRANT AGREEMENT The Grant Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment form designated by the Department. Any amendment must be executed by the parties within the Grant Period specified in the Grant Agreement. Any proposed modifications or amendments to this Grant Agreement as defined in Article 6, Additional Work and Changes in Work, including the waiver of any provisions herein, must be submitted to the Department in writing and approved as herein prescribed prior to Subrecipient's implementation of the proposed modification or amendment. Any alterations, additions, or deletions to the Grant Agreement that are required by changes in Federal or State laws, regulations or directives are automatically incorporated on the date designated by the law, regulation or directive. The Department may unilaterally modify this Grant Agreement to de- obligate funds not obligated by Subrecipient as of the close of the Grant Period specified in this Grant Agreement. In addition, the Department may de- obligate funds in the event of termination of the Grant Agreement pursuant to Article 11, Termination. Article 6. ADDITIONAL WORK AND CHANGES IN WORK If Subrecipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and constitutes additional work, Subrecipient shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise Subrecipient and a written amendment to the Grant Agreement will be executed according to Article 5, Amendments and Modifications to Grant Agreement, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If Subrecipient has submitted work in accordance with the terms of the Grant Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the Grant Agreement, Subrecipient shall make such Project Director's lnitialg Date 0 � - TSS 0128 (07/01/2020) Page 9 revisions as requested and directed by the Department. This will be considered additional work and will be paid for as specified in this Article. If Subrecipient submits work that does not comply with the terms of the Grant Agreement, the Department shall instruct Subrecipient to make such revisions as are necessary to bring the work into compliance with the Grant Agreement. No additional compensation shall be paid for this work. Subrecipient shall make revisions to the work authorized in the Grant Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shalt be paid for this work. The Department shall not be responsible for actions by Subrecipient or any costs incurred by Subrecipient relating to additional work not directly associated with or prior to the execution of an amendment. Article 7. REPORTING AND NOTIFICATIONS Subrecipient shall submit performance reports using forms provided and approved by the Department as outlined in the Statement of Work and Special Conditions, Section 4, Reports and Deliverables. Subrecipient shall promptly advise the Department in writing of events that will have a significant impact upon the Grant Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subrecipient personnel that will materially affect Subrecipient's ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or Federal assistance needed to resolve the situation. B. Favorable developments or events that enable Subrecipient to meet time schedules and objectives earlier than anticipated or to accomplish greater performance measure output than originally projected. Article 8. RECORDS Subrecipient agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, and Subrecipient shall make such records available at its office for the time period specified in the Grant Agreement. Subrecipient further agrees to retain such records for three (3) years from the date of final payment under the Grant Agreement, until completion of all audits, or until any pending litigation has been completely and fully resolved, whichever occurs last. Any representative of the U.S. Secretary of Transportation, the Comptroller General of the United States, the General Accounting Office, the Virginia Office of the Secretary of Transportation, the Virginia Department of Motor Vehicles, the Virginia State Comptroller or the Virginia Auditor of Public Accounts shall have access to and the right to examine any and all books, documents, papers and other records (including computer records) of Subrecipient that are related to this Grant Agreement, in order to conduct audits and examinations and to make excerpts, transcripts, and photocopies. This right also includes timely and reasonable access to Subrecipient's personnel and program participants for the purpose of conducting interviews and discussions related to such documents. The Department's right to such access shall last as long as the records are retained as required under this Grant Agreement. Article 9. INDEMNIFICATION Subrecipient, if other than a government entity, agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the acts or omission of Subrecipient, its officers, agents or employees. Subrecipient, if other than a government entity, further agrees to indemnify and hold harmless the Commonwealth of Virginia, its officers, agents, and employees Project Director's Initials. --±!!� Date TSS 0128 (07101/2020) Page 10 from any costs including, but not limited to, attorney fees and court costs, incurred by the Department in connection with any such claims or actions. If Subrecipient is a government entity, both parties to the Grant Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 10. DISPUTES AND REMEDIES Subrecipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by Subrecipient in support of Grant Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Director of the Virginia Highway Safety Office or his or her designee acting as final referee. Article 11. TERMINATION The Department may terminate the Grant Agreement, in whole or in part, for cause if Subrecipient fails to fulfill its obligations under the Grant Agreement; fails to comply with any applicable Department policy or procedure or any applicable Federal, State or local law, regulation or policy; or fails to correct a violation of any such law, regulation, policy or procedure. This does not limit any other termination rights that the Department may have under State or Federal laws, regulations or policies. The Grant Agreement shall remain in effect until Subrecipient has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: A. The Department terminates the Grant Agreement for cause and informs Subrecipient that the project is terminated immediately; or B. The Department determines that the performance of the project is not in the best interest of the Department and informs Subrecipient that the project is terminated immediately; or C. The Grant Agreement is terminated in writing with the mutual consent of both parties; or D. There is a written thirty (30) day notice to terminate by either party. The Department shall compensate Subrecipient for only those eligible expenses incurred during the Grant Period specified in the Grant Agreement which are directly attributable to the completed portion of the work covered by the Grant Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. Subrecipient shall not incur nor be reimbursed for any new obligations after the effective date of termination. Article 12. SUBCONTRACTS No portion of the work specified in the Grant Agreement shall be subcontracted without the prior written consent of the Department. In the event that Subrecipient desires to subcontract part of the work specified in the Grant Agreement, Subrecipient shall furnish the Department the names, qualifications and experience of their proposed subcontractors. For purposes of the Grant Agreement, subcontractor(s) shall include, but are not limited to, recipients of mini grants and parties to cooperative agreements and memoranda of understanding. Subrecipient, however, shall remain fully responsible for the work to be done by its subcontractor(s) and shall assure compliance with all the requirements of the Grant Agreement. In any agreement entered into with a subcontractor, Subrecipient shall include or incorporate by reference all language contained in the Statement of Work and Special Conditions and in the General Terms and Conditions portions of this Highway Safety Grant Agreement, and the subcontractor shall agree to be bound by all requirements contained therein. Article 13. NONCOLLUSION Subrecipient certifies that its grant application was made without collusion or fraud, and it has not conferred on any public employee having official responsibility for the Highway Safety Grant process any loan, gift, favor, service or anything of more than nominal value, present or promised, in connection with Project Director's Initiate -� Date 1z TSS 0128 (07101/2020) Page 11 its application. If Subrecipient breaches or violates this certification, the Department shall have the right to annul this Grant Agreement without liability. Article 14. SUBRECIPIENT'S RESOURCES Subrecipient certifies that it presently has adequate qualified personnel in its employment to perform the work required under the Grant Agreement, or that Subrecipient will be able to obtain such personnel from sources other than the Department. Subrecipient further certifies that it has the financial resources required to satisfy incurred costs whether or not such costs are eligible for subsequent reimbursement. All employees of Subrecipient shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Subrecipient who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the project shall immediately be removed from association with the project. Unless otherwise specified, Subrecipient shall furnish all equipment, materials, supplies, and other resources required to perform the work. Article 15. SUBRECIPIENT SEAT BELT USE Subrecipient agrees to adopt and enforce an on- the -job seat belt use policy requiring all employees to wear a seat belt when operating any vehicle owned, leased or rented by Subrecipient, including police vehicles. Article 16. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE Subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Article 17. PROCUREMENT AND PROPERTY MANAGEMENT Subrecipient shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to the Grant Agreement in accordance with Virginia law and Department policies and procedures, provided that such laws, policies and procedures are not in conflict with Federal standards, as appropriate, in 2 CFR Part 200 and 2 CFR Part 1201. In the event of conflict, such Federal standards shall apply unless Virginia law or Department policies or procedures impose stricter requirements than the Federal standards. Article 18. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this Grant Agreement shall become the sole property of the Commonwealth in accordance with Va. Code §2.2 -2822 and Executive Memorandum 4 -95. On request, Subrecipient shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the Commonwealth to evidence the Commonwealth's sole ownership of specifically identified intellectual property created or developed during the performance of the Grant Agreement. Article 19. RESEARCH ON HUMAN SUBJECTS Subrecipient shall comply with the National Research Act, Public Law 93 -348, regarding the protection of human subjects involved in research, development, and related activities supported by the Grant Agreement. Article 20. ASSIGNMENT The Grant Agreement shall not be assignable by Subrecipient in whole or in part without the written consent of the Department. Project Director's Initials._ Date TSS 012E (07/01/2020) Page 12 Article 21. NONDISCRIMINATION A. Subrecipient WILL COMPLY WITH ALL Federal statutes and implementing regulations relating to nondiscrimination ( "Federal Nondiscrimination Authorities "). These include, but are not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR Part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); 3. Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 -1683 and 1685 -1686) (prohibit discrimination on the basis of sex); 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR Part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); 6. The Civil Rights Restoration Act of 1987, (Pub. L. 100 -209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally - funded or not); 7. Titles 11 and III of the Americans with Disabilities Act (42 U.S.C. 12131- 12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR Parts 37 and 38; 8. Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low - Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low- income populations); and 9. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination /discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR at 74087 to 74100). B. The Subrecipient entity — 1. Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally- assisted. 2. Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non - Discrimination Authorities identified in this Assurance; 3. Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate Project Director's Initial Date Yo TSS 0126 (07101/2020) Page 13 and comply with any program or compliance reviews, and /or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; 4. Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non - Discrimination Authorities and this Assurance; 5. Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: "During the performance of this contract/funding agreement, the contractor /funding recipient agrees — a. To comply with all Federal nondiscrimination laws and regulations, as maybe amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor /funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor /funding recipient under the contract/agreement until the contractor /funding recipient complies; and /or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs a through e, in every subcontract and subagreement and in every solicitation for a subcontract or subagreement that receives Federal funds under this program." C. Certifies that it has disclosed to the Department any administrative and /or court findings of noncompliance with nondiscrimination or equal opportunity laws, regulations or policies during the two preceding years. If Subrecipient has been cited for noncompliance with these laws, regulations or policies, Subrecipient will not be eligible to receive funding. Article 22. DRUG -FREE WORKPLACE Subrecipient certifies that it will provide a drug -free workplace in accordance with the requirements of the Drug -Free Workplace Act of 1988 (41 U.S.C. 8103 – Federal grant recipients). Article 23. BUY AMERICA ACT Subrecipient will comply with the provisions of the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a Subrecipient, to purchase only steel, iron and manufactured products produced in the United States with Federal funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. The National Highway Traffic Safety Administration (NHTSA) was granted a Buy America Act public interest waiver that became effective July 30, 2015, (Federal Register Vol. 80, No. 125, published June 30, 2015). This waiver allows a State or Subrecipient to purchase any manufactured product with a purchase price of $5,000 or less, excluding a motor vehicle when the product is purchased using Federal grant funds administered under Chapter 4 of Title 23 of the United States Code. The "National Traffic and Motor Vehicle Safety Act of 1966" defines a motor vehicle as a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a Project Director's initials Date df /a za T59 02B (07/0112020) Page 14 vehicle operated only on a rail line. See 49 U.S.C. 30102(a)(6). Therefore, the purchase of foreign -made cars, motorcycles, trailers and other similar conveyances must be made with a waiver regardless of price. Article 24. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to the Grant Agreement as follows: A. Subrecipient agrees to ensure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with Federal funds. In this regard, Subrecipient shall make good faith efforts, in accordance with 49 CFR Part 26, to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. B. Subrecipient and any subcontractor shall not discriminate on the basis of race, color, national origin, sex, disability, or age in the award and performance of agreements funded in whole or in part with Federal funds. These requirements shall be included in any subcontract or subagreement. Failure to comply with the requirements set forth above shall constitute a breach of the Grant Agreement and, after the notification by the Department, may result in termination of the Grant Agreement by the Department or other such remedy as the Department deems appropriate. Article 25. DEBARMENT AND SUSPENSION A. Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participating in covered transactions by any State or Federal department or agency or otherwise excluded by any Federal or State department or agency; 2. Have not within a three (3) year period preceding this Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local transaction or contract under a public transaction; violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a Federal, State, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Grant Agreement, had one or more Federal, State, or local transactions terminated for cause or default. B. Where Subrecipient is unable to certify to any of the statements in this Article, such Subrecipient shall attach an explanation to the Grant Agreement. C. Subrecipient is prohibited from making any subcontract or sub -award or permitting any subcontract or sub -award to any party that does not certify to Subrecipient that such party meets the requirements set forth in Section A., Items 1--4 of this Article. When requested by the Department, Subrecipient shall furnish a copy of such certification. D. Subrecipient shall require any party to a subcontract or purchase order awarded under the Grant Agreement to certify its eligibility to receive Federal grant funds, and, when requested by the Department, to furnish a copy of the certification. E. Subrecipient shall provide immediate written notice to the Department if at any time Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Project Director's Initials �2 Date 0 TSS 0128 (07/01/2020) Page 15 F. Subrecipient agrees to comply with the requirements of 2 CFR Parts 180 and 1200. Article 26. POLITICAL ACTIVITY (HATCH ACT) Subrecipient will comply with provisions of the Hatch Act (5 U.S.C. 1501- 1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Article 27. FEDERAL LOBBYING CERTIFICATION Subrecipient certifies to the best of his or her knowledge and belief that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the party to the Grant Agreement shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website /webpage designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Congress. D. Subrecipient shall require that the language of this certification be included in the award documents for all sub - awards (including subcontracts, sub - grants, and contracts under grant, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant Agreement was made or entered into. Submission of this certification is a prerequisite for entering into this Grant Agreement imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Article 28. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots ") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website /webpage designed to support or defeat legislation pending before the Virginia General Assembly, except in presentation to the General Assembly itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent Project Director's Initials Date Z-d TSS 0120 (07!01 2020 Page 16 acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Virginia General Assembly. Article 29. INTERPRETATION AND ENFORCEABILITY In the event any terms or provisions of this Grant Agreement are breached by either party or in the event that a dispute may arise between the parties regarding the meaning, requirements, or interpretation of any terms and provisions contained in this Grant Agreement, then such breach or dispute shall be resolved pursuant to the terms of this Grant Agreement and the remedies available under the Code of Virginia. If Subrecipient is not a government entity, in the event the Department must initiate proceedings to enforce the terms and conditions of this Grant Agreement or seek redress for damages caused by Subrecipient's breach of this Grant Agreement, the Department shall be entitled to recover all costs including, without limitation, court costs and attorney fees, incurred in such proceedings. Article 30. ADDITIONAL PROVISIONS A. Signature Authorized. Subrecipient's authorized approving official. signing the certification page of the Grant Agreement, has the legal authority to apply for Federal Assistance and has the institutional, managerial, and financial capability (including funds sufficient to pay costs subsequently reimbursed and the non - Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. B. Headings. The captions and headings used in this Grant Agreement are intended for convenience only and shall not be used for purposes of construction or interpretation. C. Notice. All notices, requests and demands shall be directed as follows: To the Department: Virginia Department of Motor Vehicles ATTENTION: Director, Virginia Highway Safety Office Post Office Box 27412 Richmond, Virginia 23269 -0001 To Subrecipient: Roanoke City Police Dept. 348 Campbell Ave., SW Roanoke, VA 24016 Any notice, unless otherwise spec f ed herein, w l be deemed to have been given on the date such not ce is personally de vered ors deposited in the United Statew certified mail, return receipt requested, properly addressed and w th postage prepaid Project Director's Initial &�. Date �%f,�3U£7 Roanoke Region Roanoke City Alcohol Crash Statistics August, 2020 Available Crash Data - Calendar Year 2016 2017 2018 2019 Alcohol Crashes 66 71 88 1 1 a Alcohol Fatal Crashes [I t 1 3:00pm - 5:59pm Hiphest Time Period(s) 6:00pm- 8:59pm 6:001im- 8:59pm 9:00pm - 11:59pm Midnight - 2:59am (67••.) 1�0•.) (100.0 1180°9) • Thursda\ Sunday • NNednesdas Saturday Sunda Highest Davis) - (66%) (66%) 166`, ) 1100•.) (50.,) Februan April - December September August • December lilghest t\lonthls) 1 SO'.1 Oi•„) (108•;.1 1 s0...� ) Alcohol Serious Incur\ Crashes 6:00pm- 8:591im 6:90pm- 8:59pm 9:00pm • 11:5911m Midnight - 2:59am Highest rime Period(s) (60•.) 133•.) 144'.) (W o Saturday � M ednesda) %londa\ • Saturda\ Sunda\ Thunda% I1lehcst Ua\Vsl .. (00•.) tJJ• +.) IJP.} 133•.,,1 Februan , Juh Nla% • October April • \ocember April • Juh Hlghca Monlhls) I40 %) lJJ'•1 t4r,.) (41411 Alcohol Incur\ Crashes 20 24 29 36 6:00pm- 8:59pm 6:1101)m - 8:591im Htehest Time Period(s) 9 :4101)m- 11:59p1n 6:1NIpm. 8:59pm 9 :00pM - 11:59pm Midnight 2:59am (W.) 1361.) (38'.) 06•.1 Saturda% Saturtm Sunda► Saturday 1{iehest Ua \ts) . (416•.1 131`91 1341•..! 128•.) Fehruar% - Juh .tune December April lit "heu t\loluhlsl 1. 8 �r ( 0 9� • \Icohol fatal Interstate Crashes o Alcohol latal'+on- nrtcrstate(rashes s Alcolwl Senous Inpu tnterstate Crashes • \Icohol S," o., q:un inn -oac - state Crashes The blue eTadieol represews the demo% of all alcohol crashes page 1 (11'2 +9,: —% , Thy, np -..;n;--d b, iM toy Cv W-1 lw.-- Te:hmin5, AalRusl, 2020 Roanoke Regan Roanoke City Alcohol Crash Statistics 2018 Fatal Crashes - Calendar 1 ear Street Cross Street Count P1_dk +I A I It1N RD I Mainline crash locations not included in table i7 lntersecuon crash locations not mcluded in table 0 21118 Serious Injun Crashes - Calendar bear Street Cross Street Count Milt INI NIN AVE I 1111 1 IAMCI IN RD 1 COVI RD t Pt 11 R1,(RI I K RD NORTH LAKE DR 1 S;AI IN ION AVE 1 0I Mt R AVI MOORMAN AVE 1 ORAN(I AVE 1 PI it R, C RI LK RD GRANDVIEW AVE ! MI MORIAI AVE Mainline crash locations not Included to table 0 Mainline crash locations not included in table €t Intersection crash locanons not mclnded in table 0 2019 Fatal Crashes - Calendar l ear Street Cross Street Count PLANT A t ION RD WEBB RD BRANDON AVE l H,TH ST 1 HARRISON AVE MOORMAN AVE I Mandate crash locations not included in table 0 Intersection crash locations not ncluded to table 0 2019 Serious Injun Crashes - Calendar bear Street Cross Street Count ORANGE AVE 1 MELROSE AVE •'fl{ SC ! ORANGE AVE WILT IAMSON RD l N 11 LIAMSON RD t THIRLANE RD PETERS CREFK RD 1 PETERS CREEK RD BRANDON AVE 1 TAZEWELL AVE 1 ihFSTSIDE BLVD 1 BROAD ST GRANDVIEW AVE ! Mainline crash locations not Included to table 0 Intersection crash locations not included nn table 0 Locations u A equal crash counts are listed in random order in table and single crash locations may not be listed page 2 of 2 This report %% as generated b% the Center for Gcospatial Information Technology w VIRGINIA TECH J IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41869 - 092120. A RESOLUTION authorizing the acceptance of the 2021 Department of Motor Vehicles Traffic Safety (Selective Enforcement - Occupant Protection) Grant to the City from the Virginia Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the 2021 Department of Motor Vehicles Traffic Safety (Selective Enforcement - Occupant Protection) Grant in the amount of $12,738, to be used for traffic enforcement targeting occupant protection. This grant, which requires a $6,369 in -kind match and includes a voluntary cash match of $975 by the City, is more particularly described in the City Council Agenda Report dated September 21, 2020. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Motor Vehicles, in connection with the application and acceptance of the foregoing grant. ATTEST: City Clerk R -DMV Traffic Safety (Selective Enforcement - Occupant Protection) Grant 2021 9.21.20.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41870 - 092120. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for an occupant protection traffic safety grant, amending and reordaining certain sections of the 2020 -2021 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 2020 -2021 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages FICA Revenues DMV Occupant Protection FY21 - Grant DMV Occupant Protection FY21 - Local 35- 640 - 3927 -1003 $ 12,738 35- 640 - 3927 -1120 975 35- 640 - 3927 -3927 12,738 35- 640 - 3927 -3928 975 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 Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 21, 2020 Subject: 2021 Department of Motor Vehicles (DMV) Traffic Safety (Selective Enforcement - Occupant Protection) Grant Background: The Virginia DMV is the administering agency for pass- through funds provided by the United States Department of Transportation for highway safety projects in Virginia. The Virginia DMV offers these funds to successful applicants for activities which improve highway safety in Virginia. The Roanoke Police Department regularly applies for grant funding under this program. The Roanoke Police Department has been awarded $12,738 in funding to be used for traffic enforcement targeting occupant protection. This funding will allow the Roanoke Police Department to fund overtime traffic enforcement. There is a required 50% in- kind match of $6,369 associated with this award that will be satisfied through the Roanoke Police Department's expenditure on motor fuel and vehicle operation. The grant prohibits FICA related to overtime therefore this related necessary expense will be included as a voluntary cash match of $975. Recommended Action: Accept the 2021 DMV Traffic Safety (Selective Enforcement - Occupant Protection) Grant described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $13,713 consisting of $12,738 in grant revenue and $975 in a cash match to be transferred from the grant match account and appropriate funding in the same amount into accounts to be established by the Director of Finance in the Grant Fund. RPrtS. ell, j r. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Deputy City Manager Amelia C. Merchant, Director of Finance Sam Roman, Chief of Police �www.dmvNOW.com HIGHWAY SAFETY GRANT AGREEMENT Virginia Department of Motor Vehicles Post Office Box 27412 Richmond, Virginia 2269 -0001 Purpose: Virginia's Highway Safety Program Subrecipients use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement. Instructions: Subrecipients must read the contract, complete all applicable information on the first and last page, initial the subsequent pages, and return all pages to the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter "Department"), -� %AS- rr L, 13:.,1........A %I; nia 0197A and fho fnllnwinn- In performing its responsibilities under this Highway Safety Grant Agreement, the Subrecipient certifies and assures that it will fully comply with the following: • Applicable Department regulations and policies and State and Federal laws, regulations, and policies • Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant Agreement • General Terms and Conditions, also included with this Highway Safety Grant Agreement Subrecipient's signature below indicates that the Subreciplent has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter "Grant Agreemenr), consisting of this certification, the attached Statement of Work and Special Conditions, the attached General Terms and Conditions, the attached Project Budget, the Subrecipient's proposal and the letter awarding the grant to the Subrecipient constitutes the entire agreement between the Department and the Subrecipient, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over another: (1) applicable Department regulations and policies, except where superseded by Federal laws, regulations, or policies; (2) applicable State laws, regulations, and policies, except where superseded by Federal laws, regulations, or policies; (3) applicable Federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terms and Conditions; (6) Project Budget; (7) Subrecipient's proposal; and (8) grant award letter. Subrecipient certifies that this grant does not Include research and development. I SIGNATURES OF AUTHORIZED APPROVING OFFICIALS I �• & r'- Subrecipient's DUNS Number 1115173270000 Does your locality/legal entity expendJ750,000 or more annually in total federal funds? (check one) Yes No Name and Title of Authorized Approving Official (print) Signature Date For Virginia Department of Motor Vehicles: John Saunders Director, Virginia Highway Safety Office (print) Signature Date Subrecipfent: Federal Award Identification Number (FAIN): Roanoke City 69A37519300004020VAO Project Tide: Selective Enforcement - Occupant Protection Project Number: FOP - 2021 -61144 -21144 CFDA Number: 20.600 Grant Award Amount: $ 12,738.00 CFDA Name: State and Community Highway Safety F'-d-,0 ChdF cil i c 12,738.0 rut al r ,tt ���I a1etJ. 2.738.i1i, Period of Performance: Source of funds obligated to this award: From October 1, 2020, or the date the Highway Safety Grant Agreement is signed by the Director, Virginia Highway Safety Office (whichever is later) through September 30, 2021. Allow 21 days for the Department to complete its review and signature. FINAL U.S. Department of Transportation National Highway Traffic Safety Administration (NHTSA) Date of Award Letter from NHTSA: September 30, 2020 VOUCHER IS DUE ON OR BEFORE NOVEMBER 5, 2021. In performing its responsibilities under this Highway Safety Grant Agreement, the Subrecipient certifies and assures that it will fully comply with the following: • Applicable Department regulations and policies and State and Federal laws, regulations, and policies • Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant Agreement • General Terms and Conditions, also included with this Highway Safety Grant Agreement Subrecipient's signature below indicates that the Subreciplent has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter "Grant Agreemenr), consisting of this certification, the attached Statement of Work and Special Conditions, the attached General Terms and Conditions, the attached Project Budget, the Subrecipient's proposal and the letter awarding the grant to the Subrecipient constitutes the entire agreement between the Department and the Subrecipient, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over another: (1) applicable Department regulations and policies, except where superseded by Federal laws, regulations, or policies; (2) applicable State laws, regulations, and policies, except where superseded by Federal laws, regulations, or policies; (3) applicable Federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terms and Conditions; (6) Project Budget; (7) Subrecipient's proposal; and (8) grant award letter. Subrecipient certifies that this grant does not Include research and development. I SIGNATURES OF AUTHORIZED APPROVING OFFICIALS I �• & r'- Subrecipient's DUNS Number 1115173270000 Does your locality/legal entity expendJ750,000 or more annually in total federal funds? (check one) Yes No Name and Title of Authorized Approving Official (print) Signature Date For Virginia Department of Motor Vehicles: John Saunders Director, Virginia Highway Safety Office (print) Signature Date cv °o, o 0 C. ° � m �� m M Cp tD fA O (� C yy C7 W N r N J Q W c g °O o a LWL O M ° M t d O U. ti C%i c$ CIA i C Lu j N .J fn m d � v y O O O r V M w O C Of vio cro � (V t0 01 it to 2 r r i O O O !.. to q �i I d V) IL' Z > c 0 J a � ° , m a C9 CL 9 > d C. O O M Go yy C7 W C r N W �L e v O o c a � t d c$ c W i C Lu j N .J fn LL i � C r L LL O C Of vio cro � LL y it to 2 TSS 012E -OP (07/01/2020) Page 3 Subrecipient Name: Roanoke City Project #: FOP- 2021 -51144 -21144 STATEMENT OF WORK AND SPECIAL CONDITIONS 1. Goals and Specific Program Elements. The goals and specific program elements of the subrecipient's proposal are incorporated as the first item in this Statement of Work and Special Conditions. a. List Specific Program Elements: For October 1, 2020 through December 31, 2020 Estimated 78 number of overtime hours to be used Estimated 0 number of checkpoints Estimated 6 number of saturation/individual patrols For January 1, 2021 through March 31, 2021 Estimated 78 number of overtime hours to be used Estimated 0 number of checkpoints Estimated 6 number of saturation/individual patrols For April 1, 2021 through June 30, 2021 Estimated 150 number of overtime hours to be used Estimated 4 number of checkpoints Estimated 7 number of saturationrndividual patrols For July 1, 2021 through September 30, 2021 Estimated 80 number of overtime hours to be used Estimated 0 number of checkpoints Estimated 6 number of saturation patrols b. To conduct a minimum of 4 checkpoints and/or 4 saturation/individual patrols during the national mandatory Click It or Ticket Mobilization period in November 2020 and May 2021. Pre and post survey will be required. Mobilization and survey data must be entered into Traffic Records Electronic Data System (TREDS). c. To conduct a minimum of 0 checkpoints and/or 0 saturation patrols for the mandatory Checkpoint Strikeforce Mobilization periods in December 2020 and August 2021. Mobilization data must be entered into TREDS. d. To have 0 number of sworn officers attend 2 number DMV approved traffic safety related training events (e.g. Virginia Highway Safety Summit, Small Agency Symposium). e. Increase number of radar units in active use from _$Q_ to _go . (If approved, all units must be ordered by December 31, 2020 and put in service by March 31, 2021). f. Increase number of breath testing units in active use from 50 to 50 (If approved, all units must be ordered by December 31, 2020 and put in service by March 31, 2021). Project Director 7li<O" y zoo Initial Efate TSS 01 2E-OP (07/01/9020) Page 3.1 Subrecipient Name: Roanoke City Project #: %OP- 2021 -51144 -21144 2. The subrecipient must contribute to the overall State Highway Safety Plan goals. a. OCCUPANT PROTECTION STATEWIDE GOAL: Decrease unrestrained passenger vehicle occupant fatalities in all seating positions 5 percent from the 2019 calendar base year of 299 to 283 by December 31, 2021. AGENCY GOAL: Check the box or boxes that apply for your agency goal and complete. Wo reduce unrestrained passenger vehicle occupant fatalities from 2 (CY2019) to 1 and reduce serious unrestrained related injuries from 7 CY2019) to 6 by_December 31, 2021. ❑To maintain 0 unrestrained fatalities and/or 0 serious unrestrained injuries. DTo assist (county /city) in reducing overall unrestrained fatalities and serious unrestrained injuries. (To be used by towns that do not have any fatalities and /or serious injuries.) b. Subrecipient must participate in the national Click it or Ticket (CIOT) activities (November 2020 and May 2021) to include pre and post seatbeft surveys and submit selective enforcement and survey data electronically through TREDS. c. Subrecipient must participate in Checkpoint Strikeforce (CPSF)/Drive Sober or Get Pulled Over (DSOGPO) Mobilizations (December 2020 and August 2021) and enter selective enforcement data electronically through TREDS. d. BASED ON UNRESTRAINED OCCUPANT CRASH DATA (using crash data from VAHSO or other approved local crash information): 50% percent of occupant protection selective enforcement activities are to be conducted between the hours of 6:00 p.m. - 12:00 aim. with special emphasis on the following days of the week: wed.,_ Fri., Sat., and Sun. The remaining S0 percent of selective enforcement hours may must be scheduled during other DMV approved identified high -crash time periods. e. Grant - funded equipment must be ordered by December 31, 2020 and put in service by March 31, 2021. Documentation concerning use must be maintained. f. Subrecipient must submit a completed monitoring report (TSS 14 -A) to their DMV Project Monitor by specific assigned dates. g. Subrecipient must attend all mandatory DMV grant - related trainings. h. Zero tolerance (no warnings) for alcohol, speed or seat belt violators during grant - funded overtime. Project Director - , --��� Initial ate TSS 0128 (07101/2020) Page 4 HIGHWAY SAFETY GRANT AGREEMENT GENERAL TERMS AND CONDITIONS 1. Purpose and Background. The Virginia Department of Motor Vehicles ( "Department") is awarding this grant to support the implementation of highway safety projects by State, local, non - profit, and higher education partnerships. Funds are made available for projects that: (1) support statewide goals; (2) identify problems experienced by High Emphasis Communities, which are jurisdictions with the highest crash severity problem; (3) creatively incorporate alcohol awareness and occupant protection safety; (4) are innovative with potential statewide application or ability to transfer to other jurisdictions; and (5) have statewide significance and address the Federal program areas under 23 U.S.C. (United States Code), Chapter 4: Highway Safety and 23 U.S.C. 154 (Section 154). 2. Paid Media. Grants consisting of $100,000 or more in paid media funds will be required to perform pre- and post - surveys during the Grant Period. The level of assessment is based on the cost of a paid advertising campaign as follows: A. Level 1, for a paid advertising campaign of up to $100,000: At a minimum, an assessment must measure and document audience exposure to paid advertised messages and the number of airings or print ads devoted to each announcement. The size of the audience needs to be estimated using a source appropriate for the medium used, such as Arbitron or Nielsen ratings for radio and TV. More specifically, all paid advertising for which the State or Subrecipient used 154, 402 and 405 funds must include documentation stating how many paid airings or print ads occurred and the size of the audience reached. Include the number of free airings or print ads that occurred and the size of the audience reached. B. Level 2, for a paid advertising campaign greater than $100,000: In addition to providing the above Level 1 documentation, a more extensive assessment is required to measure target audience reaction. One or more of the activities in the following list may be used to assess how the target audience's knowledge, attitude, or actions were affected by the message(s): t. Mail surveys; 2. Telephone surveys; 3. Focus groups; 4. Mall intercept interviews; 5. Direct mailings; 6. Call -in centers; 7. Newspaper polls; 8. Household interviews; 9. Before and after approach, which compares system status before and after the introduction of the message; and 10. Control region approach, which relates one study site exposed to the message to a similar site that is not exposed to the message. 3. Equipment. Costs for equipment are allowable under specified conditions. Costs for new and replacement equipment with a useful life of more than one year and an acquisition cost of $5,000 or more must be pre- approved before Subrecipient purchases the equipment. Such approval shall be obtained by the Department from the National Highway Traffic Safety Administration ( NHTSA) regional manager in writing, and Subrecipient will be notified by the Department when this approval has been secured. Federal government requirements mandate that the Department maintain an accurate accounting and inventory of all equipment purchased using Federal funds, and Subrecipient shall comply with applicable reporting requirements that may be specified in the Highway Safety Policy and Procedures Manual and amendments thereto. Subrecipient must request advance, written approval from the Department and NHTSA to sell, transfer or dispose of any and all non - expendable equipment purchased in whole or in part with the use of Federal highway safety funds. Disposition of funds from the sale of equipment to another entity must be agreed upon by the Department and Subrecipient and approved by NHTSA and the Project Director's Initials��� Date 1/y u> TSS 012B (07/01/2020) Page 5 Department. In the event of a conflict between this section, 2 CFR (Code of Federal Regulations) Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), Sections 200.313 and 200.439, 2 CFR Part 1300 (Uniform Procedures for State Highway Safety Grant Programs) Section 1300.31, and 2 CFR Part 1201 (Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) Section 1201.313, the provisions of the applicable CFR control, except where inconsistent with statute. 4. Reports and Deliverables. Quarterly Progress and Monitor Reports shall be provided to the Department by the dates indicated: January 31, April 30, July 31, and November 5. Each Progress and Monitor Report shall address Subrecipient's progress in fulfilling items listed in the Statement of Work and Special Conditions, including funded elements of Subrecipient's proposal. These reports should include the findings from the evaluation component of the proposal and should indicate the criteria and methods by which the progress of the initiative has been evaluated. The format for Progress and Monitor Reports will be provided to Subrecipient, but, at a minimum, will require an assessment of the program's plan with actual accomplishments during the past quarter, partnership involvement and satisfaction, expected follow -up, changes /problems with the plan and how they will be addressed, a financial summary of expenditures for the reporting period and planned accomplishments during the next quarter. The final Progress and Monitor Report shall include a comprehensive, detailed report of all grant activities conducted during the full grant performance period, including a final summary of expenditures. Monitoring. The Department shall, throughout the Grant Period under this Grant Agreement and any extension of the program which is the subject of the Grant Agreement, monitor and evaluate the events, activities and tasks performed in connection with the program to include financial feasibility and progress of the grant and Subrecipient's continuing fiscal responsibility and compliance with applicable requirements and the terms and conditions of this Grant Agreement. Such monitoring and evaluation shall not in any manner relieve or waive any obligations of Subrecipient under this Grant Agreement or pursuant to applicable State and Federal law, regulations or rules. Any representation to the contrary by Subrecipient to any third party is strictly prohibited and may be grounds for the termination of this Grant Agreement by the Department. 5. Audit. A Subrecipient expending $750,000 or more in Federal awards (single or multiple awards) in a year is required to obtain an annual audit in accordance with the Single Audit Act (Public Law 98 -502) and subsequent amendments (refer to 2 CFR Part 200 and 2 CFR Part 1201), and the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financial Statement Audit. The audit report must be submitted to DMV by March 15. Subrecipient is encouraged to submit their audit report to the Federal Audit Clearinghouse (FAC) at httn: //harvester.census. ovq /saG. Failure to meet the single audit requirements could result in your entity having to repay grant monies and /or losing access to future Federal funding. The State auditor may conduct an audit or investigation of any entity receiving funds from the Department, either directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. Acceptance of funds directly or indirectly under the Grant Agreement constitutes acceptance of the authority of the State auditor to conduct an audit or investigation in connection with those funds. In the event an audit reveals unallowable expenditures, Subrecipient will be responsible for repayment to the Department of such unallowable expenditures. 6. Closeout. Subrecipient is required to submit final requests for reimbursements and final Progress Reports according to the schedule identified in this Grant Agreement. Requests for reimbursements submitted after November 5 will be denied. Project Director's Initials Date 0 d c-Z-0 TS8 012E (07/0112020) Page 6 Article 1. COMPLIANCE WITH LAWS Subrecipient shall comply with all Federal, State, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of the Grant Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subrecipient shall furnish the Department with satisfactory proof of its compliance therewith. Article 2. STANDARD ASSURANCES Subrecipient hereby assures and certifies that it will comply with all applicable laws, regulations, policies, guidelines, and requirements, including 23 USC Chapter 4: Highway Safety; 2 CFR Part 200 and 2 CFR Part 1201; 23 CFR Part 1300; the Federal Highway Safety Grant Funding Guidance (Revised 2013); and the Guidelines for the Submission of Highway Safety Grant Applications, as they relate to the application, acceptance, and use of Federal or State funds for this project. Also, Subrecipient assures and certifies that: A. It possesses legal authority to apply for the grant and that a resolution, motion, or similar action has been duly adopted or passed as an official act of Subrecipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the authorized approving official of Subrecipient to act in connection with the application and to provide such additional information as may be required. B. It will comply with the Federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. C. it will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. D. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. E. It will comply with the Virginia State and Local Government Conflict of Interests Act, Va. Code §§ 2.2 -3100 et seq., which defines and prohibits inappropriate conflicts and requires disclosure of economic interests and is applicable to all State and local government officers and employees. F. It will give the Department the access to and the right to examine all records, books, papers, or documents related to the Grant Agreement. G. it will ensure that all public records prepared or owned by, or in the possession of, the applicant relative to this project shall be open to inspection and copying by any citizens of the Commonwealth during regular office hours in accordance with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2 -3700 et seq., unless otherwise specifically provided by law. H. If applicable, it will comply with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2 -3700 et seq., which require all meetings of public bodies to be open and every public body to give notice of its meetings and to record minutes at all open meetings. Article 3. GRANT AWARD COMPENSATION A. The method of payment for the Grant Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Grant Agreement. The amount stated in the Project Budget will be deemed to be the amount of the award to Subrecipient. B. Reimbursement for travel costs shall be subject to the requirements and limitations set forth in the State Travel Regulations established by the Virginia Department of Accounts. C. All payments will be made in accordance with the terms of the Grant Agreement. Project Director's lnitials,��Date� /zoo v TSS 0126 (07/01/2020) Page 7 The maximum amount eligible for reimbursement shall not be increased above the total amount stated in the Project, unless the Grant Agreement is amended as described in Article 5, Amendments and Modifications to Grant Agreement. D. To be eligible for reimbursement under the Grant Agreement, a cost must have been incurred in accordance with the Grant Agreement, within the time frame specified in the Grant Period as stated in the Grant Agreement, attributable to work covered by the Grant Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. Reimbursement is available only for costs that have been paid by Subrecipient. Under no circumstance will the Department provide up -front payments for costs not incurred and paid by Subrecipient. Costs related to contractual fees require additional documentation in order to be eligible for reimbursement. Subrecipient must submit a copy of each contract, memorandum of understanding/agreement, rental/lease agreement prior to implementing the contract activity and allow sufficient time (minimum of three (3) weeks) for review and approval to ensure that services and products being provided are allowable expenses attributable to work covered by the Grant Agreement. E. Federal or Department funds cannot supplant (replace) funds from any other sources. The term supplanting refers to the use of Federal or Department funds to support personnel or an activity already supported by local or State funds, or other resources that would otherwise have been made available for the grant project. F. Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and 2 CFR Part 1201. G. For nonprofit organizations, Subrecipient must provide the most recent Form 990 (Return of Organization Exempt for Income Tax) submitted to IRS. Subrecipient must provide documentation of yearly salary or hourly pay and any other compensation, including fringe benefits, for each employee /position for which Subrecipient seeks reimbursement. Documentation of pay must be provided through a certified letter from the organization's Board Chair or President. Form 990 and the certified letter must be submitted with Subrecipient's signed Grant Agreement. Requests for compensation for pay raises, bonuses, and staff changes must be made in writing via email to the Department. The Department will review such requests and determine approval for reimbursement. The Department reserves the right to deny increased reimbursement for raises, bonuses, and staff changes. H. Subrecipient may request an Indirect Cost Rate for grants that are not enforcement related. Subrecipient must submit a copy of their Federally negotiated indirect cost rate. A Subrecipient that does not have a Federally negotiated indirect cost rate, may submit a letter requesting a de minimis indirect cost rate of 10% of modified total direct costs (2 CFR § 200.414(f)). Payment for indirect costs will not be made until the aforementioned documents have been received by the Department. Indirect cost references and information can be found in various parts of 2 CFR Part 200. I. Subrecipient will provide a monetary and /or in -kind match to the funded proposal. The required matching percentage of the project cost will be determined by the Department. Grant funds may not be used before Subrecipient can demonstrate that funds for the corresponding portion of the matching requirement have been received by Subrecipient. A matching report must be submitted with each reimbursement voucher and Subrecipient must keep documentation related to matching funds In the project file. J. Subrecipient agrees to submit Requests for Reimbursement on a quarterly basis or no more than one request per month, as outlined in the Highway Safety Policy and Procedures Manual. The original Request for Reimbursement, with the appropriate supporting documentation, must be submitted to the DMV Grants Management Office. Subrecipient agrees to submit the final Request for Reimbursement under the Grant Agreement within thirty -five (35) days of the end of the Grant Period or November 5. All grant funds must be encumbered by the end of the grant period (September 301, complete with supporting invoices. At the end of the Grant Period, any unexpended or unobligated funds Project Director's lnitiais� Date O a3 rALv TSS 012B (07/01/2020) Page 8 shall no longer be available to Subrecipient. In no case shall Subrecipient be reimbursed for expenses incurred prior to the beginning or after the end of the Grant Period. K. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. L. Grant Agreements supported with Federal or State funds are limited to the length of the Grant Period specified in the Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long -range benefits, Subrecipient may apply for funding assistance beyond the initial Grant Period. Preference for funding will be given to those projects for which Subrecipient has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. M. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, including this Grant Agreement, Subrecipient shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount of Federal funds provided for the project or program. Article 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of appropriated funds. If, at any time during the Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify Subrecipient, giving notice of intent to terminate the Grant Agreement, as specified in Article 11, Termination. Article 5. AMENDMENTS AND MODIFICATIONS TO GRANT AGREEMENT The Grant Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment form designated by the Department. Any amendment must be executed by the parties within the Grant Period specified in the Grant Agreement. Any proposed modifications or amendments to this Grant Agreement as defined in Article 6, Additional Work and Changes in Work, including the waiver of any provisions herein, must be submitted to the Department in writing and approved as herein prescribed prior to Subrecipient's implementation of the proposed modification or amendment. Any alterations, additions, or deletions to the Grant Agreement that are required by changes in Federal or State laws, regulations or directives are automatically incorporated on the date designated by the law, regulation or directive. The Department may unilaterally modify this Grant Agreement to de- obligate funds not obligated by Subrecipient as of the close of the Grant Period specified in this Grant Agreement. In addition, the Department may de- obligate funds in the event of termination of the Grant Agreement pursuant to Article 11, Termination. Article 6. ADDITIONAL WORK AND CHANGES IN WORK If Subrecipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and constitutes additional work, Subrecipient shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise Subrecipient and a written amendment to the Grant Agreement will be executed according to Article 5, Amendments and Modifications to Grant Agreement, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If Subrecipient has submitted work in accordance with the terms of the Grant Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the Grant Agreement, Subrecipient shall make such Project Director's Initlal� -Date 9 o ZDzv TSS 012B (07/01/2020) Page 9 revisions as requested and directed by the Department. This will be considered additional work and will be paid for as specified in this Article. If Subrecipient submits work that does not comply with the terms of the Grant Agreement, the Department shall instruct Subrecipient to make such revisions as are necessary to bring the work into compliance with the Grant Agreement. No additional compensation shall be paid for this work. Subrecipient shall make revisions to the work authorized in the Grant Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by Subrecipient or any costs incurred by Subrecipient relating to additional work not directly associated with or prior to the execution of an amendment. Article 7. REPORTING AND NOTIFICATIONS Subrecipient shall submit performance reports using forms provided and approved by the Department as outlined in the Statement of Work and Special Conditions, Section 4, Reports and Deliverables. Subrecipient shall promptly advise the Department in writing of events that will have a significant impact upon the Grant Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subrecipient personnel that will materially affect Subrecipient's ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or Federal assistance needed to resolve the situation. B. Favorable developments or events that enable Subrecipient to meet time schedules and objectives earlier than anticipated or to accomplish greater performance measure output than originally projected. Article 8. RECORDS Subrecipient agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, and Subrecipient shall make such records available at its office for the time period specified in the Grant Agreement. Subrecipient further agrees to retain such records for three (3) years from the date of final payment under the Grant Agreement, until completion of all audits, or until any pending litigation has been completely and fully resolved, whichever occurs last. Any representative of the U.S. Secretary of Transportation, the Comptroller General of the United States, the General Accounting Office, the Virginia Office of the Secretary of Transportation, the Virginia Department of Motor Vehicles, the Virginia State Comptroller or the Virginia Auditor of Public Accounts shall have access to and the right to examine any and all books, documents, papers and other records (including computer records) of Subrecipient that are related to this Grant Agreement, in order to conduct audits and examinations and to make excerpts, transcripts, and photocopies. This right also includes timely and reasonable access to Subrecipient's personnel and program participants for the purpose of conducting interviews and discussions related to such documents. The Department's right to such access shall last as long as the records are retained as required under this Grant Agreement. Article 9. INDEMNIFICATION Subrecipient, if other than a government entity, agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the acts or omission of Subrecipient, its officers, agents or employees. Subrecipient, if other than a government entity, further agrees to indemnify and hold harmless the Commonwealth of Virginia, its officers, agents, and employees Project Director's Initials,_Date VT- TSS 012B (07/01/2020) Page 10 from any costs including, but not limited to, attorney fees and court costs, incurred by the Department in connection with any such claims or actions. If Subrecipient is a government entity, both parties to the Grant Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 10. DISPUTES AND REMEDIES Subrecipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by Subrecipient in support of Grant Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Director of the Virginia Highway Safety Office or his or her designee acting as final referee. Article 11. TERMINATION The Department may terminate the Grant Agreement, in whole or in part, for cause if Subrecipient fails to fulfill its obligations under the Grant Agreement; fails to comply with any applicable Department policy or procedure or any applicable Federal, State or local law, regulation or policy; or fails to correct a violation of any such law, regulation, policy or procedure. This does not limit any other termination rights that the Department may have under State or Federal laws, regulations or policies. The Grant Agreement shall remain In effect until Subrecipient has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: A. The Department terminates the Grant Agreement for cause and informs Subrecipient that the project is terminated immediately; or B. The Department determines that the performance of the project is not in the best interest of the Department and informs Subrecipient that the project is terminated immediately; or C. The Grant Agreement is terminated in writing with the mutual consent of both parties; or D. There is a written thirty (30) day notice to terminate by either party. The Department shall compensate Subrecipient for only those eligible expenses incurred during the Grant Period specified in the Grant Agreement which are directly attributable to the completed portion of the work covered by the Grant Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. Subrecipient shall not incur nor be reimbursed for any new obligations after the effective date of termination. Article 12. SUBCONTRACTS No portion of the work specified in the Grant Agreement shall be subcontracted without the prior written consent of the Department. In the event that Subrecipient desires to subcontract part of the work specified in the Grant Agreement, Subrecipient shall furnish the Department the names, qualifications and experience of their proposed subcontractors. For purposes of the Grant Agreement, subcontractor(s) shall include, but are not limited to, recipients of mini grants and parties to cooperative agreements and memoranda of understanding. Subrecipient, however, shall remain fully responsible for the work to be done by its subcontractor(s) and shall assure compliance with all the requirements of the Grant Agreement. In any agreement entered into with a subcontractor, Subrecipient shall include or incorporate by reference all language contained in the Statement of Work and Special Conditions and in the General Terms and Conditions portions of this Highway Safety Grant Agreement, and the subcontractor shall agree to be bound by all requirements contained therein. Article 13. NONCOLLUSION Subrecipient certifies that its grant application was made without collusion or fraud, and it has not conferred on any public employee having official responsibility for the Highway Safety Grant process any loan, gift, favor, service or anything of more than nominal value, present or promised, in connection with Project Director's Initials' /?�2- Date G� - - / -- - TSS 012B (07/01/2020) Page 11 its application. If Subrecipient breaches or violates this certification, the Department shall have the right to annul this Grant Agreement without liability. Article 14. SUBRECIPIENT'S RESOURCES Subrecipient certifies that it presently has adequate qualified personnel in its employment to perform the work required under the Grant Agreement, or that Subrecipient will be able to obtain such personnel from sources other than the Department. Subrecipient further certifies that it has the financial resources required to satisfy incurred costs whether or not such costs are eligible for subsequent reimbursement. All employees of Subrecipient shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Subrecipient who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the project shall immediately be removed from association with the project. Unless otherwise specified, Subrecipient shall furnish all equipment, materials, supplies, and other resources required to perform the work. Article 15. SUBRECIPIENT SEAT BELT USE Subrecipient agrees to adopt and enforce an on- the -job seat belt use policy requiring all employees to wear a seat belt when operating any vehicle owned, leased or rented by Subrecipient, including police vehicles. Article 16. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE Subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Article 17. PROCUREMENT AND PROPERTY MANAGEMENT Subrecipient shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to the Grant Agreement in accordance with Virginia law and Department policies and procedures, provided that such laws, policies and procedures are not in conflict with Federal standards, as appropriate, in 2 CFR Part 200 and 2 CFR Part 1201. In the event of conflict, such Federal standards shall apply unless Virginia law or Department policies or procedures impose stricter requirements than the Federal standards. Article 18. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this Grant Agreement shall become the sole property of the Commonwealth in accordance with Va. Code §2.2 -2822 and Executive Memorandum 4 -95. On request, Subrecipient shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the Commonwealth to evidence the Commonwealth's sole ownership of specifically identified intellectual property created or developed during the performance of the Grant Agreement. Article 19. RESEARCH ON HUMAN SUBJECTS Subrecipient shall comply with the National Research Act, Public Law 93 -348, regarding the protection of human subjects involved in research, development, and related activities supported by the Grant Agreement. Article 20. ASSIGNMENT The Grant Agreement shall not be assignable by Subrecipient in whole or in part without the written consent of the Department. Project Director's Initials- L �__ -. Date Lv TSS 0128 (07101/2020) Page 12 Article 21. NONDISCRIMINATION A. Subrecipient WILL COMPLY WITH ALL Federal statutes and implementing regulations relating to nondiscrimination ( "Federal Nondiscrimination Authorities "). These include, but are not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR Part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); 3. Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 -1683 and 1685 -1686) (prohibit discrimination on the basis of sex); 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR Part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); 6. The Civil Rights Restoration Act of 1987, (Pub. L. 100 -209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally - funded or not); 7. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131- 12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR Parts 37 and 38; 8. Executive Order 12898, Federal Actions To Address Environmental Justice In Minority Populations and Low - Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low- income populations); and 9. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination /discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR at 74087 to 74100). 8. The Subrecipient entity — 1. Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation In, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally- assisted. 2. Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non- Discrimination Authorities identified in this Assurance; 3. Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate Project Director's Initials.,Af�4r! Date zv TSS 0128 (07/01/2020) Page 13 and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; 4. Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non- Discrimination Authorities and this Assurance; 5. Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: "During the performance of this contract/funding agreement, the contractor /funding recipient agrees — a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor /funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor /funding recipient under the contract/agreement until the contractor /funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part, and e. To insert this clause, including paragraphs a through e, in every subcontract and subagreement and in every solicitation for a subcontract or subagreement that receives Federal funds under this program." C. Certifies that it has disclosed to the Department any administrative and /or court findings of noncompliance with nondiscrimination or equal opportunity laws, regulations or policies during the two preceding years. If Subrecipient has been cited for noncompliance with these laws, regulations or policies, Subrecipient will not be eligible to receive funding. Article 22. DRUG -FREE WORKPLACE Subreciplent certifies that it will provide a drug -free workplace in accordance with the requirements of the Drug -Free Workplace Act of 1988 (41 U.S.C. 8103 – Federal grant recipients). Article 23. BUY AMERICA ACT Subrecipient will comply with the provisions of the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a Subrecipient, to purchase only steel, iron and manufactured products produced in the United States with Federal funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. The National Highway Traffic Safety Administration (NHTSA) was granted a Buy America Act public interest waiver that became effective July 30, 2015, (Federal Register Vol. 80, No. 125, published June 30, 2015). This waiver allows a State or Subrecipient to purchase any manufactured product with a purchase price of $5,000 or less, excluding a motor vehicle when the product is purchased using Federal grant funds administered under Chapter 4 of Title 23 of the United States Code. The "National Traffic and Motor Vehicle Safety Act of 1966" defines a motor vehicle as a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a Project Director's Initials. Date O' 7--u� TSS 012E (07/01/2020) Page 14 vehicle operated only on a rail line. See 49 U.S.C. 30102(a)(6). Therefore, the purchase of foreign -made cars, motorcycles, trailers and other similar conveyances must be made with a waiver regardless of price. Article 24. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to the Grant Agreement as follows: A. Subrecipient agrees to ensure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with Federal funds. In this regard, Subrecipient shall make good faith efforts, in accordance with 49 CFR Part 26, to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. B. Subrecipient and any subcontractor shall not discriminate on the basis of race, color, national origin, sex, disability, or age in the award and performance of agreements funded in whole or in part with Federal funds. These requirements shall be included in any subcontract or subagreement. Failure to comply with the requirements set forth above shall constitute a breach of the Grant Agreement and, after the notification by the Department, may result in termination of the Grant Agreement by the Department or other such remedy as the Department deems appropriate. Article 25. DEBARMENT AND SUSPENSION A. Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participating in covered transactions by any State or Federal department or agency or otherwise excluded by any Federal or State department or agency; 2. Have not within a three (3) year period preceding this Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local transaction or contract under a public transaction; violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a Federal, State, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Grant Agreement, had one or more Federal, State, or local transactions terminated for cause or default. B. Where Subrecipient is unable to certify to any of the statements in this Article, such Subrecipient shall attach an explanation to the Grant Agreement. C. Subrecipient is prohibited from making any subcontract or sub -award or permitting any subcontract or sub -award to any party that does not certify to Subrecipient that such party meets the requirements set forth in Section A., Items 1-4 of this Article. When requested by the Department, Subrecipient shall furnish a copy of such certification. D. Subrecipient shall require any party to a subcontract or purchase order awarded under the Grant Agreement to certify its eligibility to receive Federal grant funds, and, when requested by the Department, to furnish a copy of the certification. E. Subrecipient shall provide immediate written notice to the Department it at any time Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Project Director's Initia Date _!i#� TSS 0128 (07/01/2020) Page 15 F. Subrecipient agrees to comply with the requirements of 2 CFR Parts 180 and 1200. Article 26. POLITICAL ACTIVITY (MATCH ACT) Subrecipient will comply with provisions of the Hatch Act (5 U.S.C. 1501- 1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Article 27. FEDERAL LOBBYING CERTIFICATION Subrecipient certifies to the best of his or her knowledge and belief that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the party to the Grant Agreement shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website /webpage designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Congress. D. Subrecipient shall require that the language of this certification be included in the award documents for all sub- awards (including subcontracts, sub - grants, and contracts under grant, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant Agreement was made or entered into. Submission of this certification is a prerequisite for entering into this Grant Agreement imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Article 28. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots') lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Virginia General Assembly, except in presentation to the General Assembly itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent Project Director's Initials Date TSS 0128 (07ro1/2020) Page 16 acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Virginia General Assembly. Article 29. INTERPRETATION AND ENFORCEABILITY In the event any terms or provisions of this Grant Agreement are breached by either party or in the event that a dispute may arise between the parties regarding the meaning, requirements, or interpretation of any terms and provisions contained in this Grant Agreement, then such breach or dispute shall be resolved pursuant to the terms of this Grant Agreement and the remedies available under the Code of Virginia. If Subrecipient is not a government entity, in the event the Department must initiate proceedings to enforce the terms and conditions of this Grant Agreement or seek redress for damages caused by Subrecipient's breach of this Grant Agreement, the Department shall be entitled to recover all costs including, without limitation, court costs and attorney fees, incurred in such proceedings. Article 30. ADDITIONAL PROVISIONS A. Signature Authorized. Subrecipient's authorized approving official, signing the certification page of the Grant Agreement, has the legal authority to apply for Federal Assistance and has the institutional, managerial, and financial capability (including funds sufficient to pay costs subsequently reimbursed and the non - Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. B. Headings. The captions and headings used in this Grant Agreement are intended for convenience only and shall not be used for purposes of construction or interpretation. C. Notice. All notices, requests and demands shall be directed as follows: To the Department: Virginia Department of Motor Vehicles ATTENTION: Director, Virginia Highway Safety Office Post Office Box 27412 Richmond, Virginia 23269 -0001 To Subrecipient: Roanoke City Police Dept- 348 Campbell Ave., SW Roanoke, VA 24016 Any notice, unless otherwise specified herein, will be deemed to have been given on the date such notice is personally delivered or is deposited in the United States certified mail, return receipt requested, properly addressed and with postage prepaid. Project Director's tnitiala = Date 0 -�u� Roanoke Region Roanoke City Unrestrained Crash Statistics August, 2020 A...H.m. rrt.ch nata . Calendar Year 2016 2017 2018 2019 l nrestrained- Related Crashes 23 25 19 30 l nrestramed- Related Fatal Crashes (fatalities) 4 (4) i (21 3:00pm - 5:59pm Highest Time Penod(s) 6:00pm- 8:59pm No No Midnight- 2:59am (7t %) l nrestrxinctl l nrestrxincd (tot %) Friday - Monday Fatxlitics Fxtxlitics Friday - Saturday Highest Day(s) (50%) (t00%) February August - May Highest Month(s) (Sa%) 1100%) Unrestramed- Related Serious Injury Crashes (iqunes) 6:00pm- 8:S9pm Midnight - 2:59am Midnight - 2:59am Midnight - 2:59am Highest Time Penod(s) (40%) (27 %) (46 %) (33 %) Saturday Saturday Sunday Friday - Sunday Highest Day(s) (50%) (36%) (46%) (66 %) January - July December • June November April - December Highest Months) (34%) (36%) (40 %) (34 %) Unrestrained- Related Injur% Crashes (injuries) 19 (27) 25 (26) 19 (21) 28 (34) 3:00pm- 5:59pm 6:00pm - 8:59pm Highest Time Penod(s) 9:00pm- 11:59pm Midnight - 2:59am 3:00pm - 5:59pm Midnight - 2:59am (26%) 440%) (26 %) (36%) Saturds) Saturda) Sunday Sunday. Highest Dev(s) (26!x) (32%) (26%) (2s %) February • March December - September December April - December Highest Months) (42 %) (32%) (21%) (36 %) N • Unrestrained- Relatcd Fatal Interstate Crashes u Uniestrartied- Related Fatal Non- interstate Crashes W, • Unrestramed- Related Senoas Input) Interstate Crashes a Unrestrained- Related Serous ;noun Non- interstate Crashes vuo,, ,rc, T" neon P. pmnud le, ft The blue gradient represents the density of all unrestrained related crashes Ccnur for Gc pm al Irdomutw Tah,".&, page I of 2 Rtawke Region Roanoke City Unrestrained Crash Statistics 2018 Fatal Crashes - Calendar Z ear No fatal crashes occurred. 2018 Serious Injury Crashes - Calendar Year Street Cross Street Count Aupst, 2020 2019 Fatal Crashes - Calendar Year Street Cross Street Count HARRISON AVE MOORMAN AVE 1 IOTH ST I Mainline crash locations not included In table 0 Intersection crash locations not included in table 0 2019 Serious Injury Crashes - Calendar Year Street Cross Street Count COVE RD I 1 -581 I PETERS CREEK RD 1 BROAD ST GRANDVIEW AVE I 1 -581 I :15-220 l DALE AVE 19TH ST i THIRLANE RD PETERS CREEK RD I GILMER AVE MOORMAN AVE 1 ORANGE AVE GAINSBORO RD ] Mainline crash locations not included to table 0 LOI'DON AVE 12TH ST I Interstaitin crash locations not included to table 0 Mainline crash locations not included in table 0 Intersection crash locations not included in lablc 0 Locations with equal crash counts are listed in random order to table and single crash locations may not be listed. page 2 of 2 This report H as generated bN the Center for Geospatial Information Technology W V RGINIATECH Gay IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41871 - 092120. A RESOLUTION authorizing the acceptance of the 2021 Department of Motor Vehicles Traffic Safety (Selective Enforcement - Speed) Grant to the City from the Virginia Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the 2021 Department of Motor Vehicles Traffic Safety (Selective Enforcement - Speed) Grant in the amount of $25,798, to be used for traffic enforcement targeting drivers who are speeding. This grant, which requires a $12,899 in- kind match and includes a voluntary cash match of $1,187 by the City, such being more particularly described in the City Council Agenda Report dated September 21, 2020. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Motor Vehicles, in connection with the application and acceptance of the foregoing grant. ATTEST: R -DMV Traffic Safety (Selective Enforcement - Speed) Grant 2021 9.21.20.doc 04"e- � "--4. CIA'e-&4 -- t City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41872 - 092120. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for a speed enforcement traffic safety grant, amending and reordaining certain sections of the 2020 -2021 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 2020 -2021 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages FICA Revenues DMV Speed FY21 - Grant DMV Speed FY21 - Local 35- 640 - 3925 -1003 $ 25,798 35- 640 - 3925 -1120 1,187 35- 640 - 3925 -3925 25,798 35- 640 - 3925 -3926 1,187 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'c� sz�-' cy�Q eoir City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 21, 2020 Subject: 2021 Department of Motor Vehicles (DMV) Traffic Safety (Selective Enforcement - Speed) Grant Background: The Virginia DMV is the administering agency for pass- through funds provided by the United States Department of Transportation for highway safety projects in Virginia. The Virginia DMV offers these funds to successful applicants for activities which improve highway safety in Virginia. The Roanoke Police Department regularly applies for grant funding under this program. The Roanoke Police Department has been awarded $25,798 in funding to be used for traffic enforcement targeting drivers who are speeding. This funding will allow the Roanoke Police Department to fund overtime traffic enforcement. There is a required 50% in -kind match of $12,899 associated with this award that will be satisfied through the Police Department's expenditure on motor fuel and vehicle operation. The grant specifically prohibits FICA related to overtime therefore this related necessary expense will be included as a voluntary cash match of $1,187. Recommended Action: Accept the 2021 DMV Traffic Safety (Selective Enforcement - Speed) Grant described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $26,985 consisting of $25,798 in grant revenue and $1,187 in a cash match to be transferred from the grant match account and appropriate funding in the same amount into an account to be established by the Director of Finance in the Grant Fund. - - - -- -- ------- - - - - -- Robert S. Cowell, jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Deputy City Manager Amelia C. Merchant, Director of Finance Sam Roman, Chief of Police A amy w ww. dm vNOW. c om HIGHWAY SAFETY GRANT AGREEMENT Virgm�a Deparlmant of Motor Vehicles Post Office So. 27412 Richmond Virginia 23269 -0001 Purpose: Virginia's Highway Safety Program Subrecipients use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement. Instructions Subrecipients must read the contract, complete all applicable information on the first and last page, initial the subsequent pages, and return all pages to the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter "Department "), 2300 West Broad Street, Richmond, Virginia 23220; and the following: Subrecipien — -- -- Federal Award Identification Number (FAIN): FRoanokeCitu y 69A37519300004020VAn Title: Selective Enforcement CFDA Number: 20.600 CFDA Name: State and Community Highway Safety Period of Performance: From October 1, 2020, or the date the Highway Safety Grant Agreement is signed by the Director, Virginia Highway Safety Office (whichever is later) through September 30, 2021. Allow 21 days for the Department to complete its review and signature. FINAL VOUCHER IS DUE ON OR BEFORE NOVEMBER 5, 2021. Project Number: FSC -2021- 51160 -21160 Grant Award Amount: $ 25,798.00 Source of funds obligated to this award: U.S. Department of Transportation National Highway Traffic Safety Administration Date of Award Letter from NHTSA: September 30, 2020 In performing its responsibilities under this Highway Safety Grant Agreement, the Subrecipient certifies and assures that it will fully comply with the foltowing: Applicable Department regulations and policies and State and Federal laws, regulations, and policies Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant Agreement General Terms and Conditions, also included with this Highway Safety Grant Agreement Subrecipient's signature below indicates that the Subrecipient has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter "Grant Agreement "), consisting of this certification, the attached Statement of Work and Special Conditions, the attached General Terms and Conditions, the attached Project Budget, the Subrecipient's proposal and the letter awarding the grant to the Subrecipient constitutes the entire agreement between the Department and the Subrecipient, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein_ Where any conflict arises between terms, the following is the order of governance of one term over another: (1) applicable Department regulations and policies, except where superseded by Federal laws, regulations, or policies; (2) applicable State laws, regulations, and policies, except where superseded by Federal laws, regulations, or policies; (3) applicable Federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terms and Conditions; (6) Project Budget; (7) Subrecipient's proposal: and (8) grant award letter. Subrecipient certifies that this grant does not include research and development. SIGNATURES OF AUTHORIZED APPROVING OFFICIALS For Subrecipient: � r "fie an me o�PMi tor '(girn� f Si urea D e Subrecipient's DUNS Number 1 1 1 51 7327f1DfM Does your locality/legal entity expend $750,000 or more annually in total federal funds? (check one) x _Yes No Name and Title of Authorized Approving Official (print) Signature Date For Virginia Department of Motor Vehicles. John Saunders Director, Virginia Highway Safety Office (print) Signature Date C O O Of Of U. N N J � � G 4 C C e O p 8 p r �` 7 = O E op O OD L N O Q O d U. N ♦r .w 10 � 0 0 H O O O O 10-V O co M 0 N N co tp elf O N o0 a+ 8 O O M U M 04 CD > N Goo C) d d CF d 'o � a u > c O 'J o a of .r C C c as IL 0 t 8 m M N ' E V t: C m c c C N a! c q w y Lo o a Y ' C ^o C m m ate- N W J U) li V- T- W ,a � O C E 7 O <.% .1 G n L U. t) w a CL w TSS 012G -SC (07/01/2020) Page 3 Subrecipient Name: Roanoke _City,__ _ Project #: __.__FSC- 2021 - 51160 -21160 STATEMENT OF WORK AND SPECIAL. CONDITIONS 1. Goals and Specific Program Elements. The goals and specific program elements of the subrecipient's proposal are incorporated as the first item in this Statement of Work and Special Conditions. a. List Specific Program Elements: For October 1, 2020 through December 31, 2020 Estimated 131 number of overtime hours to be used Estimated 22 number of overtime individual /saturation patrols For January 1, 2021 through March 31, 2021 Estimated 100 number of overtime hours to be used Estimated 15 number of overtime individual /saturation patrols For April 1, 2021 through June 30, 2021 Estimated 104 number of overtime hours to be used Estimated 16 number of overtime individual /saturation patrols For July 1, 2021 through September 30, 2021 Estimated 135 number of overtime hours to be used Estimated 16 number of overtime individual /saturation patrols b. To conduct a minimum of 2 saturation /individual patrols during the mandatory national Click It or Ticket Mobilization period in November 2020 and May 2021. Pre and post survey will be required. Mobilization data must be entered into Traffic Records Electronic Data System (TREDS). c. To conduct a minimum of 2 saturation/individual patrols for the mandatory Checkpoint Strikeforce Mobilization periods in December 2020 and August 2021. Mobilization data must be entered into TREDS. d. To have 10 number of sworn officers attend 1 number DMV approved traffic safety related training events (e.g. Virginia Highway Safety Summit, Radar Certification Schools, Small Agency Symposium). e. Increase number of radar units in active use from 80to 80. (If approved, all units must be ordered by December 31, 2019 and put in service by March 31, 2020). Project Director !' 3 � Initial Daie TSS 012G -SC (07/01/2020) Page 3.1 Subrecipient Name: Roanoke qty Project #: FSC- 2021 -61 160 -2 160 2. The subrecipient must contribute to the overall State Highway Safety Plan goals. a. SPEED STATEWIDE GOAL: Decrease speed - related fatalities 5 percent from the 2019 calendar base year of 227 to 215 by December 31, 2021. AGENCY GOAL: Check the box(s) that apply for your agency goal and complete. CXro reduce speed - related fatalities from 3 (CY2019) to 2 and reduce serious speed - related injuries from __ 14_ _ (CY2019) to 12 by December 31, 2021. To maintain 0 speed - related fatalities and /or 0 serious speed- related injuries To assist _ (county /city) in reducing overall speed- related fatalities and serious unrestrained injuries (To be used by towns that do not have any fatalities and /or serious injuries.) b Subrecipient must participate in Checkpoint Strikeforce (CPSF) /Drive Sober or Get Pulled Over (DSOGPO) Mobilizations (December 2020 and August 2021) and enter selective enforcement data electronically through TREDS. c. Subrecipient must participate in the national Click it or Ticket (CIOT) activities (November 2020 and May 2021) to include pre and post seatbelt surveys and submit selective enforcement and survey data electronically through TREDS. d. BASED ON SPEED - RELATED CRASH DATA (using crash data from VAHSO or other approved local crash information): 50_ percent of speed control selective enforcement activities are to be conducted between the hours of 3 e On n m - 9-00 with special emphasis on the following days of the week: M °n.. _ fir, rt _ The remaining so percent of selective enforcement hours may be scheduled during other DMV approved identified high -crash time periods. e. Enforcement is to be conducted using data - identified problem locations. f. Grant - funded equipment must be ordered by December 31, 2020 and put in service by March 31, 2021 and documentation maintained concerning its use. g. Subrecipient must submit a completed monitoring report (TSS 14 -A) to their DMV Project Monitor by specific assigned dates. h. Subrecipient must attend all mandatory DMV grant - related trainings. i. Zero tolerance (no warnings) for alcohol, speed or seat belt violators during grant- funded overtime. Project Director Initial EWe TSS 0128 (07/01/2020) Page 4 HIGHWAY SAFETY GRANT AGREEMENT GENERAL TERMS AND CONDITIONS 1. Purpose and Background. The Virginia Department of Motor Vehicles ( "Department ") is awarding this grant to support the implementation of highway safety projects by State, local, non - profit, and higher education partnerships. Funds are made available for projects that: (1) support statewide goals; (2) identify problems experienced by High Emphasis Communities, which are jurisdictions with the highest crash severity problem; (3) creatively incorporate alcohol awareness and occupant protection safety; (4) are innovative with potential statewide application or ability to transfer to other jurisdictions; and (5) have statewide significance and address the Federal program areas under 23 U.S.C. (United States Code), Chapter 4: Highway Safety and 23 U.S.C. 154 (Section 154). 2. Paid Media. Grants consisting of $100,000 or more in paid media funds will be required to perform pre- and post - surveys during the Grant Period. The level of assessment is based on the cost of a paid advertising campaign as follows: A. Level 1, for a paid advertising campaign of up to $100,000: At a minimum, an assessment must measure and document audience exposure to paid advertised messages and the number of airings or print ads devoted to each announcement. The size of the audience needs to be estimated using a source appropriate for the medium used, such as Arbitron or Nielsen ratings for radio and TV. More specifically, all paid advertising for which the State or Subrecipient used 154, 402 and 405 funds must include documentation stating how many paid airings or print ads occurred and the size of the audience reached. Include the number of free airings or print ads that occurred and the size of the audience reached. B. Level 2, for a paid advertising campaign greater than $100,000: In addition to providing the above Level 1 documentation, a more extensive assessment is required to measure target audience reaction. One or more of the activities in the following list may be used to assess how the target audience's knowledge, attitude, or actions were affected by the message(s): 1. Mail surveys; 2. Telephone surveys; 3. Focus groups; 4. Mall intercept interviews; 5. Direct mailings; 6. Call -in centers; 7. Newspaper polls; 8. Household interviews; 9. Before and after approach, which compares system status before and after the introduction of the message; and 10. Control region approach, which relates one study site exposed to the message to a similar site that is not exposed to the message. Equipment. Costs for equipment are allowable under specified conditions. Costs for new and replacement equipment with a useful life of more than one year and an acquisition cost of $5,000 or more must be pre - approved before Subrecipient purchases the equipment. Such approval shall be obtained by the Department from the National Highway Traffic Safety Administration (NHTSA) regional manager in writing, and Subrecipient will be notified by the Department when this approval has been secured. Federal government requirements mandate that the Department maintain an accurate accounting and inventory of all equipment purchased using Federal funds, and Subrecipient shall comply with applicable reporting requirements that may be specified in the Highway Safety Policy and Procedures Manual and amendments thereto. Subrecipient must request advance, written approval from the Department and NHTSA to sell, transfer or dispose of any and all non - expendable equipment purchased in whole or in part with the use of Federal highway safety funds. Disposition of funds from the sale of equipment to another entity must be agreed upon by the Department and Subrecipient and approved by NHTSA and the Project Director's Initial Date WW Zlc) TSS 0126 (07/01/2020) Page 5 Department. In the event of a conflict between this section, 2 CFR (Code of Federal Regulations) Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), Sections 200.313 and 200.439, 2 CFR Part 1300 (Uniform Procedures for State Highway Safety Grant Programs) Section 1300.31, and 2 CFR Part 1201 (Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) Section 1201.313, the provisions of the applicable CFR control, except where inconsistent with statute. 4. Reports and Deliverables. Quarterly Progress and Monitor Reports shall be provided to the Department by the dates indicated: January 31, April 30, July 31, and November 5. Each Progress and Monitor Report shall address Subrecipient's progress in fulfilling items listed in the Statement of Work and Special Conditions, including funded elements of Subrecipient's proposal. These reports should include the findings from the evaluation component of the proposal and should indicate the criteria and methods by which the progress of the initiative has been evaluated. The format for Progress and Monitor Reports will be provided to Subrecipient, but, at a minimum, will require an assessment of the program's plan with actual accomplishments during the past quarter, partnership involvement and satisfaction, expected follow -up, changes /problems with the plan and how they will be addressed, a financial summary of expenditures for the reporting period and planned accomplishments during the next quarter. The final Progress and Monitor Report shall include a comprehensive, detailed report of all grant activities conducted during the full grant performance period, including a final summary of expenditures. Monitoring. The Department shall, throughout the Grant Period under this Grant Agreement and any extension of the program which is the subject of the Grant Agreement, monitor and evaluate the events, activities and tasks performed in connection with the program to include financial feasibility and progress of the grant and Subrecipient's continuing fiscal responsibility and compliance with applicable requirements and the terms and conditions of this Grant Agreement. Such monitoring and evaluation shall not in any manner relieve or waive any obligations of Subrecipient under this Grant Agreement or pursuant to applicable State and Federal law, regulations or rules. Any representation to the contrary by Subrecipient to any third party is strictly prohibited and may be grounds for the termination of this Grant Agreement by the Department. 5. Audit. A Subrecipient expending $750,000 or more in Federal awards (single or multiple awards) in a year is required to obtain an annual audit in accordance with the Single Audit Act (Public Law 98 -502) and subsequent amendments (refer to 2 CFR Part 200 and 2 CFR Part 1201), and the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financial Statement Audit. The audit report m ust be submitted to DMV by March 15. Subrecipient is encouraged to submit their audit report to the Federal Audit Clearinghouse (FAC) at htto: //harvester.census oov /sac /. Failure to meet the single audit requirements could result in your entity having to repay grant monies and /or losing access to future Federal funding. The State auditor may conduct an audit or investigation of any entity receiving funds from the Department, either directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. Acceptance of funds directly or indirectly under the Grant Agreement constitutes acceptance of the authority of the State auditor to conduct an audit or investigation in connection with those funds. In the event an audit reveals unallowable expenditures, Subrecipient will be responsible for repayment to the Department of such unallowable expenditures. I. Closeout. Subrecipient is required to submit final requests for reimbursements and final Progress Reports according to the schedule identified in this Grant Agreement. Requests for reimbursements submitted after November 5 will be denied. Project Director's Initials Date r—d TSS 0128 (07/01/2020) Page 6 Article 1. COMPLIANCE WITH LAWS Subrecipient shall comply with all Federal, State, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of the Grant Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subrecipient shall furnish the Department with satisfactory proof of its compliance therewith. Article 2. STANDARD ASSURANCES Subrecipient hereby assures and certifies that it will comply with all applicable laws, regulations, policies, guidelines, and requirements, including 23 USC Chapter 4: Highway Safety; 2 CFR Part 200 and 2 CFR Part 1201; 23 CFR Part 1300; the Federal Highway Safety Grant Funding Guidance (Revised 2013); and the Guidelines for the Submission of Highway Safety Grant Applications, as they relate to the application, acceptance, and use of Federal or State funds for this project. Also, Subrecipient assures and certifies that: A. It possesses legal authority to apply for the grant and that a resolution, motion, or similar action has been duly adopted or passed as an official act of Subrecipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the authorized approving official of Subrecipient to act in connection with the application and to provide such additional information as may be required. B. It will comply with the Federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. C. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. D. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. E. It will comply with the Virginia State and Local Government Conflict of Interests Act, Va. Code §§ 2.2 -3100 et seq., which defines and prohibits inappropriate conflicts and requires disclosure of economic interests and is applicable to all State and local government officers and employees. F. It will give the Department the access to and the right to examine all records, books, papers, or documents related to the Grant Agreement. G. It will ensure that all public records prepared or owned by, or in the possession of, the applicant relative to this project shall be open to inspection and copying by any citizens of the Commonwealth during regular office hours in accordance with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2 -3700 et seq., unless otherwise specifically provided by law. H. If applicable, it will comply with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2 -3700 et seq., which require all meetings of public bodies to be open and every public body to give notice of its meetings and to record minutes at all open meetings. Article 3. GRANT AWARD COMPENSATION A. The method of payment for the Grant Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Grant Agreement. The amount stated in the Project Budget will be deemed to be the amount of the award to Subrecipient. B. Reimbursement for travel costs shall be subject to the requirements and limitations set forth in the State Travel Regulations established by the Virginia Department of Accounts. C. All payments will be made in accordance with the terms of the Grant Agreement. Project Director's Initfals--4- Date ��a TSS 0128 (07x01/2020) Page 7 The maximum amount eligible for reimbursement shall not be increased above the total amount stated in the Project, unless the Grant Agreement is amended as described in Article 5, Amendments and Modifications to Grant Agreement, D. To be eligible for reimbursement under the Grant Agreement, a cost must have been incurred in accordance with the Grant Agreement, within the time frame specified in the Grant Period as stated in the Grant Agreement, attributable to work covered by the Grant Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. Reimbursement is available only for costs that have been paid by Subrecipient. Under no circumstance will the Department provide up -front payments for costs not incurred and paid by Subrecipient. Costs related to contractual fees require additional documentation in order to be eligible for reimbursement. Subrecipient must submit a copy of each contract, memorandum of understanding /agreement, rental /lease agreement prior to implementing the contract activity and allow sufficient time (minimum of three (3) weeks) for review and approval to ensure that services and products being provided are allowable expenses attributable to work covered by the Grant Agreement. E. Federal or Department funds cannot supplant (replace) funds from any other sources. The term "supplanting" refers to the use of Federal or Department funds to support personnel or an activity already supported by local or State funds, or other resources that would otherwise have been made available for the grant project. F. Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and 2 CFR Part 1201. G, For nonprofit organizations, Subrecipient must provide the most recent Form 990 (Return of Organization Exempt for Income Tax) submitted to IRS. Subrecipient must provide documentation of yearly salary or hourly pay and any other compensation, including fringe benefits, for each employee /position for which Subrecipient seeks reimbursement. Documentation of pay must be provided through a certified letter from the organization's Board Chair or President. Form 990 and the certified letter must be submitted with Subrecipient's signed Grant Agreement. Requests for compensation for pay raises, bonuses, and staff changes must be made in writing via email to the Department. The Department will review such requests and determine approval for reimbursement. The Department reserves the right to deny increased reimbursement for raises, bonuses, and staff changes. H. Subrecipient may request an Indirect Cost Rate for grants that are not enforcement related. Subrecipient must submit a copy of their Federally negotiated indirect cost rate. A Subrecipient that does not have a Federally negotiated indirect cost rate, may submit a letter requesting a de minimis indirect cost rate of 10% of modified total direct costs (2 CFR § 200.414(f)). Payment for indirect costs will not be made until the aforementioned documents have been received by the Department. Indirect cost references and information can be found in various parts of 2 CFR Part 200. Subrecipient will provide a monetary and /or in -kind match to the funded proposal. The required matching percentage of the project cost will be determined by the Department. Grant funds may not be used before Subrecipient can demonstrate that funds for the corresponding portion of the matching requirement have been received by Subrecipient. A matching report must be submitted with each reimbursement voucher and Subrecipient must keep documentation related to matching funds in the project file. 1. Subrecipient agrees to submit Requests for Reimbursement on a quarterly basis or no more than one request per month, as outlined in the Highway Safety Policy and Procedures Manual. The original Request for Reimbursement, with the appropriate supporting documentation, must be submitted to the DMV Grants Management Office. Subrecipient agrees to submit the final Request for Reimbursement under the Grant Agreement within thirty -five (35) days of the end of the Grant Period or November S. All grant funds must be encumbered by the end of the grant period (September 301, complete with supporting invoices. At the end of the Grant Period, any unexpended or unobligated funds Project Director's initials =�_ Date �D T8S 0126 (07/01/2020) Page 8 shall no longer be available to Subrecipient. In no case shall Subrecipient be reimbursed for expenses incurred prior to the beginning or after the end of the Grant Period. K. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. L. Grant Agreements supported with Federal or State funds are limited to the length of the Grant Period specified in the Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long -range benefits, Subrecipient may apply for funding assistance beyond the initial Grant Period. Preference for funding will be given to those projects for which Subrecipient has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. M. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, including this Grant Agreement, Subrecipient shall dearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount of Federal funds provided for the project or program. Article 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of appropriated funds. If, at any time during the Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify Subrecipient, giving notice of intent to terminate the Grant Agreement, as specified in Article 11, Termination. Article 5. AMENDMENTS AND MODIFICATIONS TO GRANT AGREEMENT The Grant Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment form designated by the Department. Any amendment must be executed by the parties within the Grant Period specified in the Grant Agreement. Any proposed modifications or amendments to this Grant Agreement as defined in Article 6, Additional Work and Changes in Work, including the waiver of any provisions herein, must be submitted to the Department in writing and approved as herein prescribed prior to Subrecipient's implementation of the proposed modification or amendment. Any alterations, additions, or deletions to the Grant Agreement that are required by changes in Federal or State laws, regulations or directives are automatically incorporated on the date designated by the law, regulation or directive. The Department may unilaterally modify this Grant Agreement to de- obligate funds not obligated by Subrecipient as of the close of the Grant Period specified in this Grant Agreement. In addition, the Department may de- obligate funds in the event of termination of the Grant Agreement pursuant to Article 11, Termination. Article 6. ADDITIONAL WORK AND CHANGES IN WORK If Subrecipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and constitutes additional work, Subrecipient shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise Subrecipient and a written amendment to the Grant Agreement will be executed according to Article 5, Amendments and Modifications to Grant Agreement, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If Subrecipient has submitted work in accordance with the terms of the Grant Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the Grant Agreement, Subrecipient shall make such Project Director's Initial4142 Date,:::�z,04b TSS 0128 (07T01,12020) Page 9 revisions as requested and directed by the Department. This will be considered additional work and will be paid for as specified in this Article. If Subrecipient submits work that does not comply with the terms of the Grant Agreement, the Department shall instruct Subrecipient to make such revisions as are necessary to bring the work into compliance with the Grant Agreement. No additional compensation shall be paid for this work. Subrecipient shall make revisions to the work authorized in the Grant Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by Subrecipient or any costs incurred by Subrecipient relating to additional work not directly associated with or prior to the execution of an amendment. Article 7. REPORTING AND NOTIFICATIONS Subrecipient shall submit performance reports using forms provided and approved by the Department as outlined in the Statement of Work and Special Conditions, Section 4, Reports and Deliverables. Subrecipient shall promptly advise the Department in writing of events that will have a significant impact upon the Grant Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subrecipient personnel that will materially affect Subrecipient's ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or Federal assistance needed to resolve the situation. 8. Favorable developments or events that enable Subrecipient to meet time schedules and objectives earlier than anticipated or to accomplish greater performance measure output than originally projected. Article 8. RECORDS Subrecipient agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, and Subrecipient shall make such records available at its office for the time period specified in the Grant Agreement. Subrecipient further agrees to retain such records for three (3) years from the date of final payment under the Grant Agreement, until completion of all audits, or until any pending litigation has been completely and fully resolved, whichever occurs last. Any representative of the U.S. Secretary of Transportation, the Comptroller General of the United States, the General Accounting Office, the Virginia Office of the Secretary of Transportation, the Virginia Department of Motor Vehicles, the Virginia State Comptroller or the Virginia Auditor of Public Accounts shall have access to and the right to examine any and all books, documents, papers and other records (including computer records) of Subrecipient that are related to this Grant Agreement, in order to conduct audits and examinations and to make excerpts, transcripts, and photocopies. This right also includes timely and reasonable access to Subrecipient's personnel and program participants for the purpose of conducting interviews and discussions related to such documents. The Department's right to such access shall last as long as the records are retained as required under this Grant Agreement. Article 9. INDEMNIFICATION Subrecipient, if other than a government entity, agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the acts or omission of Subrecipient, its officers, agents or employees. Subrecipient, if other than a government entity, further agrees to indemnify and hold harmless the Commonwealth of Virginia, its officers, agents, and employees Project Director's Initials, Date9-�do-a TSS 012B (07/01/2020) Page 10 from any costs including, but not limited to, attorney fees and court costs, incurred by the Department in connection with any such claims or actions. If Subrecipient is a government entity, both parties to the Grant Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 10. DISPUTES AND REMEDIES Subrecipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by Subrecipient in support of Grant Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Director of the Virginia Highway Safety Office or his or her designee acting as final referee. Article 11. TERMINATION The Department may terminate the Grant Agreement, in whole or in part, for cause if Subrecipient fails to fulfill its obligations under the Grant Agreement; fails to comply with any applicable Department policy or procedure or any applicable Federal, State or local law, regulation or policy; or fails to correct a violation of any such law, regulation, policy or procedure. This does not limit any other termination rights that the Department may have under State or Federal laws, regulations or policies. The Grant Agreement shall remain in effect until Subrecipient has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: A. The Department terminates the Grant Agreement for cause and informs Subrecipient that the project is terminated immediately; or B. The Department determines that the performance of the project is not in the best interest of the Department and informs Subrecipient that the project is terminated immediately; or C. The Grant Agreement is terminated in writing with the mutual consent of both parties; or D. There is a written thirty (30) day notice to terminate by either party. The Department shall compensate Subrecipient for only those eligible expenses incurred during the Grant Period specified in the Grant Agreement which are directly attributable to the completed portion of the work covered by the Grant Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. Subrecipient shall not incur nor be reimbursed for any new obligations after the effective date of termination. Article 12. SUBCONTRACTS No portion of the work specified in the Grant Agreement shall be subcontracted without the prior written consent of the Department. In the event that Subrecipient desires to subcontract part of the work specified in the Grant Agreement, Subrecipient shall furnish the Department the names, qualifications and experience of their proposed subcontractors. For purposes of the Grant Agreement, subcontractor(s) shall include, but are not limited to, recipients of mini grants and parties to cooperative agreements and memoranda of understanding. Subrecipient, however, shall remain fully responsible for the work to be done by its subcontractor(s) and shall assure compliance with all the requirements of the Grant Agreement. In any agreement entered into with a subcontractor, Subrecipient shall include or incorporate by reference all language contained in the Statement of Work and Special Conditions and in the General Terms and Conditions portions of this Highway Safety Grant Agreement, and the subcontractor shall agree to be bound by all requirements contained therein. Article 13. NONCOLLUSION Subrecipient certifies that its grant application was made without collusion or fraud, and it has not conferred on any public employee having official responsibility for the Highway Safety Grant process any loan, gift, favor, service or anything of more than nominal value, present or promised, in connection with Project Director's Initiataj�� Date O z-CD TSS 0128 (07/01/2020) Page 11 its application. If Subrecipient breaches or violates this certification, the Department shall have the right to annul this Grant Agreement without liability. Article 14. SUBRECIPIENT'S RESOURCES Subrecipient certifies that it presently has adequate qualified personnel in its employment to perform the work required under the Grant Agreement, or that Subrecipient will be able to obtain such personnel from sources other than the Department. Subrecipient further certifies that it has the financial resources required to satisfy incurred costs whether or not such costs are eligible for subsequent reimbursement. All employees of Subrecipient shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Subrecipient who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the project shall immediately be removed from association with the project. Unless otherwise specified, Subrecipient shall furnish all equipment, materials, supplies, and other resources required to perform the work. Article 15. SUBRECIPIENT SEAT BELT USE Subrecipient agrees to adopt and enforce an on- the -job seat belt use policy requiring all employees to wear a seat belt when operating any vehicle owned, leased or rented by Subrecipient, including police vehicles. Article 16. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE Subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Article 17. PROCUREMENT AND PROPERTY MANAGEMENT Subrecipient shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to the Grant Agreement in accordance with Virginia law and Department policies and procedures, provided that such yaws, policies and procedures are not in conflict with Federal standards, as appropriate, in 2 CFR Part 200 and 2 CFR Part 1201. In the event of conflict, such Federal standards shall apply unless Virginia law or Department policies or procedures impose stricter requirements than the Federal standards. Article 18. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this Grant Agreement shall become the sole property of the Commonwealth in accordance with Va. Code §2.2 -2822 and Executive Memorandum 4 -95. On request, Subrecipient shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the Commonwealth to evidence the Commonwealth's sole ownership of specifically identified intellectual property created or developed during the performance of the Grant Agreement. Article 19. RESEARCH ON HUMAN SUBJECTS Subrecipient shall comply with the National Research Act, Public Law 93 -348, regarding the protection of human subjects involved in research, development, and related activities supported by the Grant Agreement. Article 20. ASSIGNMENT The Grant Agreement shall not be assignable by Subrecipient in whole or in part without the written consent of the Department. Project Director's Initials,49' Date 50�0� TSS 0128 (07/01/2020) Page 12 Article 21. NONDISCRIMINATION A. Subrecipient WILL COMPLY WITH ALL Federal statutes and implementing regulations relating to nondiscrimination ( "Federal Nondiscrimination Authorities "). These include, but are not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d at seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR Part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federai or f=ederal -aid programs and projects); 1 Federal -Aid Highway Act of 1973, (23 U.S.C. 324 at seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 -1683 and 1685 -1686) (prohibit discrimination on the basis of sex); 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 of seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR Part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 at seq.), (prohibits discrimination on the basis of age); 6. The Civil Rights Restoration Act of 1987, (Pub. L. 100 -209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally - funded or not); 7. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131 - 12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR Parts 37 and 38; 8. Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low- Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low- income populations); and 9. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination /discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR at 74087 to 74100). B. The Subrecipient entity — 1. Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally- assisted. 2. Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non- Discrimination Authorities identified in this Assurance; 3. Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate Project Director's Initials Date oy TSS 0128 (07/01/2020) Page 13 and comply with any program or compliance reviews, and /or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; 4. Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non - Discrimination Authorities and this Assurance; 5. Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: "During the performance of this contract/funding agreement, the contractor /funding recipient agrees — a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor /funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contractlagreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor /funding recipient under the contract /agreement until the contractor /funding recipient complies; and /or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs a through e, in every subcontract and subagreement and in every solicitation for a subcontract or subagreement that receives Federal funds under this program." C. Certifies that it has disclosed to the Department any administrative and/or court findings of noncompliance with nondiscrimination or equal opportunity laws, regulations or policies during the two preceding years. If Subrecipient has been cited for noncompliance with these laws, regulations or policies, Subrecipient will not be eligible to receive funding. Article 22. DRUG -FREE WORKPLACE Subrecipient certifies that it will provide a drug -free workplace in accordance with the requirements of the Drug -Free Workplace Act of 1988 (41 U.S.C. 8103 - Federal grant recipients). Article 23. BUY AMERICA ACT Subrecipient will comply with the provisions of the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a Subrecipient, to purchase only steel, iron and manufactured products produced in the United States with Federal funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. The National Highway Traffic Safety Administration (NHTSA) was granted a Buy America Act public interest waiver that became effective July 30, 2015, (Federal Register Vol. 80, No. 125, published June 30, 2015). This waiver allows a State or Subrecipient to purchase any manufactured product with a purchase price of $5,000 or less, excluding a motor vehicle when the product is purchased using Federal grant funds administered under Chapter 4 of Title 23 of the United States Code. The "National Traffic and Motor Vehicle Safety Act of 1966" defines a motor vehicle as a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a Project Director's Initiaig - Date �Z� TSS 01213 (07/01/2020) Page 14 vehicle operated only on a rail line. See 49 U.S.C. 30102(a)(6). Therefore, the purchase of foreign -made cars, motorcycles, trailers and other similar conveyances must be made with a waiver regardless of price. Article 24. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to the Grant Agreement as follows: A. Subrecipient agrees to ensure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with Federal funds. In this regard, Subrecipient shall make good faith efforts, in accordance with 49 CFR Part 26, to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. B. Subrecipient and any subcontractor shall not discriminate on the basis of race, color, national origin, sex, disability, or age in the award and performance of agreements funded in whole or in part with Federal funds. These requirements shall be included in any subcontract or subagreement. Failure to comply with the requirements set forth above shall constitute a breach of the Grant Agreement and, after the notification by the Department, may result in termination of the Grant Agreement by the Department or other such remedy as the Department deems appropriate. Article 25. DEBARMENT AND SUSPENSION A. Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participating in covered transactions by any State or Federal department or agency or otherwise excluded by any Federal or State department or agency; 2. Have not within a three (3) year period preceding this Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local transaction or contract under a public transaction, violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a Federal, State, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2 of this Article; and 4. Have not, within a three (3) year period preceding this Grant Agreement, had one or more Federal, State, or local transactions terminated for cause or default. B. Where Subrecipient is unable to certify to any of the statements in this Article, such Subrecipient shall attach an explanation to the Grant Agreement. C. Subrecipient is prohibited from making any subcontract or sub -award or permitting any subcontract or sub -award to any party that does not certify to Subrecipient that such party meets the requirements set forth in Section A., Items 1--4 of this Article. When requested by the Department, Subrecipient shall furnish a copy of such certification. D. Subrecipient shall require any party to a subcontract or purchase order awarded under the Grant Agreement to certify its eligibility to receive Federal grant funds, and, when requested by the Department, to furnish a copy of the certification. E. Subrecipient shall provide immediate written notice to the Department if at any time Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Project Director's Initiala_,_�� Dated D I.OLt3 TSS 012B (07/01/2020) Page 15 F. Subrecipient agrees to comply with the requirements of 2 CFR Parts 180 and 1200. Article 26. POLITICAL ACTIVITY (HATCH ACT) Subrecipient will comply with provisions of the Hatch Act (5 U.S.C. 1501 - 1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Article 27. FEDERAL LOBBYING CERTIFICATION Subrecipient certifies to the best of his or her knowledge and belief that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the party to the Grant Agreement shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website /webpage designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Congress. D. Subrecipient shall require that the language of this certification be included in the award documents for all sub - awards (including subcontracts, sub - grants, and contracts under grant, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant Agreement was made or entered into. Submission of this certification is a prerequisite for entering into this Grant Agreement imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Article 28. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots ") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website /webpage designed to support or defeat legislation pending before the Virginia General Assembly, except in presentation to the General Assembly itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent Project Director's Initfals.�� Date 4 "07 zLIS TSS 012B (07/01/2020) Page 16 acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Virginia General Assembly. Article 29. INTERPRETATION AND ENFORCEABILITY In the event any terms or provisions of this Grant Agreement are breached by either party or in the event that a dispute may arise between the parties regarding the meaning, requirements, or interpretation of any terms and provisions contained in this Grant Agreement, then such breach or dispute shall be resolved pursuant to the terms of this Grant Agreement and the remedies available under the Code of Virginia. If Subrecipient is not a government entity, in the event the Department must initiate proceedings to enforce the terms and conditions of this Grant Agreement or seek redress for damages caused by Subrecipient's breach of this Grant Agreement, the Department shall be entitled to recover all costs including, without limitation, court costs and attorney fees, incurred in such proceedings. Article 30. ADDITIONAL PROVISIONS A. Signature Authorized. Subrecipient's authorized approving official, signing the certification page of the Grant Agreement, has the legal authority to apply for Federal Assistance and has the institutional, managerial, and financial capability (including funds sufficient to pay costs subsequently reimbursed and the non - Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. B. Headings. The captions and headings used in this Grant Agreement are intended for convenience only and shall not be used for purposes of construction or interpretation. C. Notice. All notices, requests and demands shall be directed as follows: To the Department: Virginia Department of Motor Vehicles ATTENTION: Director, Virginia Highway Safety Office Post Office Box 27412 Richmond, Virginia 23269 -0001 To Subrecipient: Roanoke City Police Dept. 348 Campbell Ave., SW Roanoke, VA 24016 Any notice, unless otherwise specified herein, will be deemed to have been given on the date such notice is personally delivered or is deposited in the United States certified mail, return receipt requested, properly addressed and with postage prepaid. Project Director's Initials— T Zr`Zd � Roanoke Region August, 2020 Roanoke City Speed Crash Statistics Available Crash Data - Calendar Year 2016 2017 2018 2019 Speed Crashes 317 186 194 350 Speed Fatal Crashes i ; 1 l 3:00pm- 5 :59pm 6:OOpm - 8:59pm Highest Time Period(s) 6:00pm- 8:591)m 6 ;00pm- 8:59pm 9:00pm - 11:59pm Midnight - 2:59am (100•,.) 166'.) (100%) (6'%) Monday Sunday- - Tuesday Saturday ` Sunday Friday ` Saturday Highest Dav(s) (100'.) (66••.1 (100%) (66 %) February March ` November September August • December Highest Months) (100•.1 (66NI 110074) (6611.1 Speed Serious In)un Crashes Midnight - 2:59am 3:00pm - 5:59pm I lighest I rote Period(s) 6:001im- 8:591im 'soon- 2:591im 3:0011m - 5:5910m 6:001)m - 8:59pm 136•.) (46•c) (26`•) (41'.) Monday Saturday • Sunday Sunday Friday lilehest Da�(s) .. (36•.) 1�6•. Y (32%)- 32 %) 136•..1 Highest Alonth(sl Januan ` June October %ugusl ` January %pril • November (28''•) 1221.1 132%) (22°.1 Speed Injum ( rashes 64 66 55 82 3:00pm- 5:59pm 111ghest 1 inic Penudis) 6:00pm- 8:59pm 6:001)m- 8:59pm 3:00pm - 5:59pm 3:OOpm - 5 :59pm 031.1 (20•.) (33'•) (21•.) I hursday Saturday Friday - Sunda% Friday ilighesl Ua%(s) (205.1 [231.) (36'•I (26''.) i lighest Aluntit {s) May . October February December October 122•.) j1..,.t (141.1 (17 +.) 6 Speed Senous (nlun Interstaie Crashes the blu<.rad,rnt represems the deusat of all speed crashes • Speed I atal \on- tatastate Crashes Speed Senous Imun \ owintet state Crashes 11-1-11 VF TNI xPOn ,t a, J1'1\." 01 ,t- Ccn:� ra Geo.pwul Infom� urn Tee61nlog. page I of 2 Roanoke Region Roanoke City Speed Crash Statistics 2018 Fatal Crashes - Calendar 1 ear Street Cross Street Count Pl AN I A I ION RD I'll-220 I Mainline crash locations not included in table 0 Intersection crash locations not included to table 0 August, 2020 2019 Fatal Crashes - Calendar 1 ear Street Cross Street Count PLANTATION RD WEBB RD I KTH ST I HARRISON AVF MOORMAN AVE I Mainline crash local ons not included m tahk 0 Imersecfion crash locawns not included in 47i!e et 2018 %crious Injure Crashes - Calendar 1 ear 2019 Serious Injury Crashes - Calendar 1 ear Street Cross Street Count Street Cross Street Count yl 4 ORANGE AVE 1 SALEM TPKE I ELM AVE 4TII ST i I DW 1111UU o f I ORANGE AVE 17 11 1 IAMSON RD 1 11 I31 MARI I AVE 1 1 -581 (()VI RI) I HERSHBERGERRD 1 DAII AVf 1 BRANDON AVE 1 AIRHUPI RD I EDGCWOOD ST (ail Mt It AVI MOORMAN AVE I LOUDON AVE 13TH ST i UR %NGI AVI 1 PATTERSON AVE 9TH ST I MI I Itt )tit A\ I I MELROSE AVE WESTSIDE BLVD I Mainline crash locations not included m table 2 Mainline cash locations not included in table 4 Intersection crash locations not included in table 4 Intersection crash locations not included to table 0 Locations with equal crash counts are listed in random order in table and single crash locations maN not be listed r page 2 of 2 rf This report uas generated h. the Center for Geospatual Information Technology v:RGIY .4 FE�4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41873 - 092120. A RESOLUTION authorizing the acceptance of the 2021 Department of Motor Vehicles Traffic Safety (Selective Enforcement —Pedestrian Bicycle Safety) Grant to the City from the Virginia Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the 2021 Department of Motor Vehicles Traffic Safety (Selective Enforcement — Pedestrian Bicycle Safety) Grant in the amount of $3,960, to be used for dealing with pedestrian and bicycle safety. This grant, which requires a $1,980 in -kind match and a voluntary cash match of $303 by the City, is more particularly described in the City Council Agenda Report dated September 21, 2020. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Motor Vehicles, in connection with the application and acceptance of the foregoing grant. ATTEST: oe� J. W"e_&r City Clerk R -DMV Traffic Safety (Selective Enforcement - Pedestrian Bicycle Safety) Grant 2021 9.21.20.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41874 - 092120. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for a pedestrian and bicycle traffic safety grant, amending and reordaining certain sections of the 2020 -2021 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 2020 -2021 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages FICA Revenues DMV Pedestrian /Bike FY21 - Grant DMV Pedestrian /Bike FY21 - Local 35- 640 - 3931 -1003 $ 3,960 35- 640 - 3931 -1120 303 35- 640 - 3931 -3931 3,960 35- 640 - 3931 -3932 303 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 Clerk. • , r r • r .. To: Honorable Mayor and Members of City Council Meeting: September 21, 2020 Subject: 2021 Department of Motor Vehicles (DMV) Traffic Safety (Selective Enforcement - Pedestrian Bicycle Safety) Grant Background: The Virginia DMV is the administering agency for pass- through funds provided by the United States Department of Transportation for highway safety projects in Virginia. The Virginia DMV offers these funds to successful applicants for activities which improve highway safety in Virginia. The Roanoke Police Department regularly applies for grant funding under this program. The Roanoke Police Department has been awarded $3,960 in funding to be used for traffic enforcement targeting drivers who are speeding. This funding will allow the Roanoke Police Department to fund overtime traffic enforcement. There is a required 50% in -kind match of $1,980 associated with this award that will be satisfied through the Police Department's expenditure on motor fuel and vehicle operation. The grant specifically prohibits FICA related to overtime therefore this related necessary expense will be included as a voluntary cash match of $303. Recommended Action: Accept the 2021 DMV Traffic Safety (Selective Enforcement - Pedestrian Bicycle Safety) Grant described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $4,263 consisting of $3,960 in grant revenue and $303 in a cash match to be transferred from the grant match account and appropriate funding in the same amount into a ccount to be established by the Director of Finance in the Grant Fund. -- --------------- - - - - -- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Deputy City Manager Amelia C. Merchant, Director of Finance Sam Roman, Chief of Police Ow 15�!`Om HIGHWAY SAFETY GRANT AGREEMENT Virginia Ospf Motor Vehicles Post Office Box 27412 Richmond Virginia 23269 -0001 Purpose: Virginia's Highway Safety Program Subrecipients use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement. Instructions: Subrecipients must read the contract, complete all applicable information on the first and last page, initial the subsequent pages, and return all pages to the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter "Department"), n7nnA wd Hs F.dh,ninn• ecow Yvt33t UIVGU vuvot, n,w nnv,,v Subreciplent: Federal Award Identification Number (FAIN): Roanoke City 69A3752030000405HVA0 Project Title: Selective Enforcement - Pedestrian/Bicycle Pro ect Number. FHLE -2021- 51161 -21161 CFDA Number: 20.616 CFDA Name: National Priority Safety Programs Grant Award Amount: $ 3,960.00 Fi,Jr�i,al Ftrrld, � t,Iiq�tfetl S :3 }fi'i qts l ol"'d Fe(lor,fl Obli aL'O ; 00 Period of Performance: Source of funds obligated to this award: From October 1, 2020, or the date the Highway Safety Grant Agreement is signed by the Director, Virginia Highway Safety Office (whichever is later) through September 30, 2021. Allow 21 days for the Department to complete its review and signature. FINAL VOUCHER IS DUE ON OR BEFORE NOVEMBER 5 2021. U.S. Department of Transportation National Highway Traffic Safety Administration (NHTSA) Date of Award Letter from NHTSA: September 30, 2020 In performing its responsibilities under this Highway Safety Grant Agreement, the Subrecipient certifies and assures that it will fully comply with the following: • Applicable Department regulations and policies and State and Federal laws, regulations, and policies • Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant Agreement • General Terms and Conditions, also included with this Highway Safety Grant Agreement Subrecipient's signature below indicates that the Subrecipient has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter "Grant Agreement"), consisting of this certification, the attached Statement of Work and Special Conditions, the attached General Terms and Conditions, the attached Project Budget, the Subrecipient's proposal and the letter awarding the grant to the Subrecipient constitutes the entire agreement between the Department and the Subrecipient, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terns, the following is the order of governance of one term over another: (1) applicable Department regulations and policies, except where superseded by Federal laws, regulations, or policies; (2) applicable State laws, regulations, and policies, except where superseded by Federal laws, regulations, or policies; (3) applicable Federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terms and Conditions; (6) Project Budget; (7) Subrecipient's proposal; and (8) grant award letter. Subrecipient certifies that this grant does not include research and development. For Subreciplent: SIGNATURES OF AUTHORIZED APPROVING OFFICIALS I For Virainia Department of Motor Vehicles: A A( John Saunders Na a and Title of Pr ject Director (print) Director, Virginia Highway Safety Office (print) /1 ign ure Ddte Signature Date Subrecipient's DUNS Number 11115173970000 Does your locality/legal entity expend $750,000 or more annually in total federal funds? (check one) __x _Yes No Name and Title of Authorized Approving Official (print) Signature Date � o o ■ no do w �LL. - ��� A rj o � 19 � � o . $ $ G 00 ; n _ ■ t 2 Q B 04 � $ a� v � k k : . 2 & � � c a � � ■ �� a CL §. ■ . 0 CL S . k § 2- § C , E 0 2 § ■ ° $ 2 0 o i ■ © I - k U- 40 . § o LL $ E. �� © a 2 F�E;Rffi TSS 012F -PS (07101/2020) Page 3 Subrecipient Name: _Roanoke City Project # FHLE- 2021 -51161 -21161 STATEMENT OF WORK AND SPECIAL CONDITIONS 1. Goals and Specific Program Elements. The goals and specific program elements of the subrecipient's proposal are incorporated as the first item in this Statement of Work and Special Conditions. a. List Specific Program Elements: For October 1, 2020 through December 31, 2020 Estimated 2 5. number of overtime hours to be used Estimated 4 number of overtime individual /saturation patrols For January 1, 2021 through March 31, 2021 Estimated 25 number of overtime hours to be used Estimated 4 number of overtime individual /saturation patrols For April 1, 2021 through June 30, 2021 Estimated 35 number of overtime hours to be used Estimated 4 number of overtime individual /saturation patrols For July 1, 2021 through September 30, 2021 Estimated 35 number of overtime hours to be used Estimated 4 number of overtime individual /saturation patrols b. To conduct a minimum of 0 checkpoints and /or 1 saturation /individual patrols during the mandatory national Click It or Ticket Mobilization period in November 2020 and May 2021. Mobilization data must be entered into TREDS (Traffic Records Electronic Data System). c. To conduct a minimum of 0 checkpoints and /or 1 saturation patrols for the mandatory Checkpoint Strikeforce Mobilization periods in December 2020 and August 2021. Mobilization data must be entered into TREDS. To have 2 number of sworn officers attend 1 number DMV approved traffic safety related training events (e.g. Virginia Highway Safety Summit, Small Agency Symposium). Project Director _a� � zo Initial tate �i. TSS 012B (07/01/2020) Page 4 HIGHWAY SAFETY GRANT AGREEMENT GENERAL TERMS AND CONDITIONS Purpose and Background. The Virginia Department of Motor Vehicles ( "Department ") is awarding this grant to support the implementation of highway safety projects by State, local, non - profit, and higher education partnerships. Funds are made available for projects that: (1) support statewide goals; (2) identify problems experienced by High Emphasis Communities, which are jurisdictions with the highest crash severity problem; (3) creatively incorporate alcohol awareness and occupant protection safety; (4) are innovative with potential statewide application or ability to transfer to other jurisdictions; and (5) have statewide significance and address the Federal program areas under 23 U.S.C. (United States Code), Chapter 4: Highway Safety and 23 U.S.C. 154 (Section 154). 2. Paid Media. Grants consisting of $100,000 or more in paid media funds will be required to perform pre- and post - surveys during the Grant Period. The level of assessment is based on the cost of a paid advertising campaign as follows: A. Level 1, for a paid advertising campaign of up to $100,000: At a minimum, an assessment must measure and document audience exposure to paid advertised messages and the number of airings or print ads devoted to each announcement. The size of the audience needs to be estimated using a source appropriate for the medium used, such as Arbitron or Nielsen ratings for radio and TV. More specifically, all paid advertising for which the State or Subrecipient used 154, 402 and 405 funds must include documentation stating how many paid airings or print ads occurred and the size of the audience reached. Include the number of free airings or print ads that occurred and the size of the audience reached. B. Level 2, for a paid advertising campaign greater than $100,000: In addition to providing the above Level 1 documentation, a more extensive assessment is required to measure target audience reaction. One or more of the activities in the following list may be used to assess how the target audience's knowledge, attitude, or actions were affected by the message(s): I . Mail surveys; 2. Telephone surveys; 3. Focus groups; 4. Mall intercept interviews; 5. Direct mailings; 6. Call -in centers; 7. Newspaper polls; 8. Household interviews; 9. Before and after approach, which compares system status before and after the introduction of the message; and 10. Control region approach, which relates one study site exposed to the message to a similar site that is not exposed to the message. 3. Equipment. Costs for equipment are allowable under specified conditions. Costs for new and replacement equipment with a useful life of more than one year and an acquisition cost of $5,000 or more must be pre - approved before Subrecipient purchases the equipment. Such approval shall be obtained by the Department from the National Highway Traffic Safety Administration ( NHTSA) regional manager in writing, and Subrecipient will be notified by the Department when this approval has been secured. Federal government requirements mandate that the Department maintain an accurate accounting and inventory of all equipment purchased using Federal funds, and Subrecipient shall comply with applicable reporting requirements that may be specified in the Highway Safety Policy and Procedures Manual and amendments thereto. Subrecipient must request advance, written approval from the Department and NHTSA to sell, transfer or dispose of any and all non - expendable equipment purchased in whole or in part with the use of Federal highway safety funds. Disposition of funds from the sale of equipment to another entity must be agreed upon by the Department and Subrecipient and approved by NHTSA and the Project Director's Initiaftj,:�x��� Date�x� TSS 0128 (07/01/2020) Page 5 Department. In the event of a conflict between this section, 2 CFR (Code of Federal Regulations) Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), Sections 200.313 and 200.439, 2 CFR Part 1300 (Uniform Procedures for State Highway Safety Grant Programs) Section 1300.31, and 2 CFR Part 1201 (Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) Section 1201.313, the provisions of the applicable CFR control, except where inconsistent with statute. 4. Reports and Deliverables. Quarterly Progress and Monitor Reports shall be provided to the Department by the dates indicated: January 31, April 30, July 31, and November 5. Each Progress and Monitor Report shall address Subrecipient's progress in fulfilling items listed in the Statement of Work and Special Conditions, including funded elements of Subrecipient's proposal. These reports should include the findings from the evaluation component of the proposal and should indicate the criteria and methods by which the progress of the initiative has been evaluated. The format for Progress and Monitor Reports will be provided to Subrecipient, but, at a minimum, will require an assessment of the program's plan with actual accomplishments during the past quarter, partnership involvement and satisfaction, expected follow -up, changes /problems with the plan and how they will be addressed, a financial summary of expenditures for the reporting period and planned accomplishments during the next quarter. The final Progress and Monitor Report shall include a comprehensive, detailed report of all grant activities conducted during the full grant performance period, including a final summary of expenditures. Monitoring. The Department shall, throughout the Grant Period under this Grant Agreement and any extension of the program which is the subject of the Grant Agreement, monitor and evaluate the events, activities and tasks performed in connection with the program to include financial feasibility and progress of the grant and Subrecipient's continuing fiscal responsibility and compliance with applicable requirements and the terms and conditions of this Grant Agreement. Such monitoring and evaluation shall not in any manner relieve or waive any obligations of Subrecipient under this Grant Agreement or pursuant to applicable State and Federal law, regulations or rules. Any representation to the contrary by Subrecipient to any third party is strictly prohibited and may be grounds for the termination of this Grant Agreement by the Department. 5. Audit. A Subrecipient expending $750,000 or more in Federal awards (single or multiple awards) in a year is required to obtain an annual audit in accordance with the Single Audit Act (Public Law 98 -502) and subsequent amendments (refer to 2 CFR Part 200 and 2 CFR Part 1201), and the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financial Statement Audit. The audit report must be submitted to DMV by March 15. Subrecipient is encouraged to submit their audit report to the Federal Audit Clearinghouse (FAC) at hfto: //harvester.census.aov /sac /. Failure to meet the single audit requirements could result in your entity having to repay grant monies and /or losing access to future Federal funding. The State auditor may conduct an audit or investigation of any entity receiving funds from the Department, either directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. Acceptance of funds directly or indirectly under the Grant Agreement constitutes acceptance of the authority of the State auditor to conduct an audit or investigation in connection with those funds. in the event an audit reveals unallowable expenditures, Subrecipient will be responsible for repayment to the Department of such unallowable expenditures. 6. Closeout. Subrecipient is required to submit final requests for reimbursements and final Progress Reports according to the schedule identified in this Grant Agreement. Requests for reimbursements submitted after November 5 will be denied. Project Director's initials Date4gf/ as TSS 012B (07/01/2020) Page 6 Article 1. COMPLIANCE WITH LAWS Subrecipient shall comply with all Federal, State, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of the Grant Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subrecipient shall furnish the Department with satisfactory proof of its compliance therewith. Article 2. STANDARD ASSURANCES Subrecipient hereby assures and certifies that it will comply with all applicable laws, regulations, policies, guidelines, and requirements, including 23 USC Chapter 4: Highway Safety; 2 CFR Part 200 and 2 CFR Part 1201; 23 CFR Part 1300; the Federal Highway Safety Grant Funding Guidance (Revised 2013); and the Guidelines for the Submission of Highway Safety Grant Applications, as they relate to the application, acceptance, and use of Federal or State funds for this project. Also, Subrecipient assures and certifies that: A. It possesses legal authority to apply for the grant and that a resolution, motion, or similar action has been duly adopted or passed as an official act of Subrecipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the authorized approving official of Subrecipient to act in connection with the application and to provide such additional information as may be required. B. It will comply with the Federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. C. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. D. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. E. It will comply with the Virginia State and Local Government Conflict of Interests Act, Va. Code §§ 2.2 -3100 et seq., which defines and prohibits inappropriate conflicts and requires disclosure of economic interests and is applicable to all State and local government officers and employees. F. It will give the Department the access to and the right to examine all records, books, papers, or documents related to the Grant Agreement. G. It will ensure that all public records prepared or owned by, or in the possession of, the applicant relative to this project shall be open to inspection and copying by any citizens of the Commonwealth during regular office hours in accordance with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2 -3700 et seq., unless otherwise specifically provided by law. H. If applicable, it will comply with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2 -3700 et seq., which require all meetings of public bodies to be open and every public body to give notice of its meetings and to record minutes at all open meetings. Article 3. GRANT AWARD COMPENSATION A. The method of payment for the Grant Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Grant Agreement. The amount stated in the Project Budget will be deemed to be the amount of the award to Subrecipient. B. Reimbursement for travel costs shall be subject to the requirements and limitations set forth in the State Travel Regulations established by the Virginia Department of Accounts. C. All payments will be made in accordance with the terms of the Grant Agreement. Project Director's Initials_ Date �Lp� TSS 0128 (07/01/2020) Page 7 The maximum amount eligible for reimbursement shall not be increased above the total amount stated in the Project, unless the Grant Agreement is amended as described in Article 5, Amendments and Modifications to Grant Agreement. D. To be eligible for reimbursement under the Grant Agreement, a cost must have been incurred in accordance with the Grant Agreement, within the time frame specified in the Grant Period as stated in the Grant Agreement, attributable to work covered by the Grant Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. Reimbursement is available only for costs that have been paid by Subrecipient. Under no circumstance will the Department provide up -front payments for costs not incurred and paid by Subrecipient. Costs related to contractual fees require additional documentation in order to be eligible for reimbursement. Subrecipient must submit a copy of each contract, memorandum of understanding/agreement, rental/lease agreement prior to implementing the contract activity and allow sufficient time (minimum of three (3) weeks) for review and approval to ensure that services and products being provided are allowable expenses attributable to work covered by the Grant Agreement. E. Federal or Department funds cannot supplant (replace) funds from any other sources. The term "supplanting" refers to the use of Federal or Department funds to support personnel or an activity already supported by local or State funds, or other resources that would otherwise have been made available for the grant project. F. Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and 2 CFR Part 1201. G. For nonprofit organizations, Subrecipient must provide the most recent Form 990 (Return of Organization Exempt for Income Tax) submitted to IRS. Subrecipient must provide documentation of yearly salary or hourly pay and any other compensation, including fringe benefits, for each employee /position for which Subrecipient seeks reimbursement. Documentation of pay must be provided through a certified letter from the organization's Board Chair or President. Form 990 and the certified letter must be submitted with Subrecipient's signed Grant Agreement. Requests for compensation for pay raises, bonuses, and staff changes must be made in writing via email to the Department. The Department will review such requests and determine approval for reimbursement. The Department reserves the right to deny increased reimbursement for raises, bonuses, and staff changes. H. Subrecipient may request an Indirect Cost Rate for grants that are not enforcement related. Subrecipient must submit a copy of their Federally negotiated indirect cost rate. A Subrecipient that does not have a Federally negotiated indirect cost rate, may submit a letter requesting a de minimis indirect cost rate of 10% of modified total direct costs (2 CFR § 200.414(f)). Payment for indirect costs will not be made until the aforementioned documents have been received by the Department. Indirect cost references and information can be found in various parts of 2 CFR Part 200. I. Subrecipient will provide a monetary and /or In -kind match to the funded proposal. The required matching percentage of the project cost will be determined by the Department. Grant funds may not be used before Subrecipient can demonstrate that funds for the corresponding portion of the matching requirement have been received by Subrecipient. A matching report must be submitted with each reimbursement voucher and Subrecipient must keep documentation related to matching funds in the project file. J. Subrecipient agrees to submit Requests for Reimbursement on a quarterly basis or no more than one request per month, as outlined in the Highway Safety Policy and Procedures Manual. The original Request for Reimbursement, with the appropriate supporting documentation, must be submitted to the DMV Grants Management Office. Subrecipient agrees to submit the final Request for Reimbursement under the Grant Agreement within thirty -five (35) days of the end of the Grant Period or November S. All grant funds must be encumbered by the end of the grant period (September 301, complete with supporting invoices. At the end of the Grant Period, any unexpended or unobligated funds Project Director's Initials Date /7 / oe- 0 TSS 0126 (07/01/2020) Page 8 shall no longer be available to Subrecipient. In no case shall Subrecipient be reimbursed for expenses incurred prior to the beginning or after the end of the Grant Period. K. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. L. Grant Agreements supported with Federal or State funds are limited to the length of the Grant Period specified in the Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long -range benefits, Subrecipient may apply for funding assistance beyond the initial Grant Period. Preference for funding will be given to those projects for which Subrecipient has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. M. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, including this Grant Agreement, Subrecipient shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount of Federal funds provided for the project or program. Article 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of appropriated funds. If, at any time during the Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify Subrecipient, giving notice of intent to terminate the Grant Agreement, as specified in Article 11, Termination. Article 5. AMENDMENTS AND MODIFICATIONS TO GRANT AGREEMENT The Grant Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment form designated by the Department. Any amendment must be executed by the parties within the Grant Period specified in the Grant Agreement. Any proposed modifications or amendments to this Grant Agreement as defined in Article 6, Additional Work and Changes in Work, including the waiver of any provisions herein, must be submitted to the Department in writing and approved as herein prescribed prior to Subrecipient's implementation of the proposed modification or amendment. Any alterations, additions, or deletions to the Grant Agreement that are required by changes in Federal or State laws, regulations or directives are automatically incorporated on the date designated by the law, regulation or directive. The Department may unilaterally modify this Grant Agreement to de- obligate funds not obligated by Subrecipient as of the close of the Grant Period specified in this Grant Agreement. In addition, the Department may de- obligate funds in the event of termination of the Grant Agreement pursuant to Article 11, Termination. Article 6. ADDITIONAL WORK AND CHANGES IN WORK If Subrecipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and constitutes additional work, Subrecipient shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise Subrecipient and a written amendment to the Grant Agreement will be executed according to Article 5, Amendments and Modifications to Grant Agreement, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If Subrecipient has submitted work in accordance with the terms of the Grant Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the Grant Agreement, Subrecipient shall make such Project Director's Initlals,- Date /-' -/ 02-0 TSS 0129 (07/01/2020i Page 9 revisions as requested and directed by the Department. This will be considered additional work and will be paid for as specified in this Article. If Subrecipient submits work that does not comply with the terms of the Grant Agreement, the Department shall instruct Subrecipient to make such revisions as are necessary to bring the work into compliance with the Grant Agreement. No additional compensation shall be paid for this work. Subrecipient shall make revisions to the work authorized in the Grant Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by Subrecipient or any costs incurred by Subrecipient relating to additional work not directly associated with or prior to the execution of an amendment. Article 7. REPORTING AND NOTIFICATIONS Subrecipient shall submit performance reports using forms provided and approved by the Department as outlined in the Statement of Work and Special Conditions, Section 4, Reports and Deliverables. Subrecipient shall promptly advise the Department in writing of events that will have a significant impact upon the Grant Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subrecipient personnel that will materially affect Subrecipient's ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or Federal assistance needed to resolve the situation. B. Favorable developments or events that enable Subrecipient to meet time schedules and objectives earlier than anticipated or to accomplish greater performance measure output than originally projected. Article 8. RECORDS Subrecipient agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, and Subrecipient shall make such records available at its office for the time period specified in the Grant Agreement. Subrecipient further agrees to retain such records for three (3) years from the date of final payment under the Grant Agreement, until completion of all audits, or until any pending litigation has been completely and fully resolved, whichever occurs last. Any representative of the U.S. Secretary of Transportation, the Comptroller General of the United States, the General Accounting Office, the Virginia Office of the Secretary of Transportation, the Virginia Department of Motor Vehicles, the Virginia State Comptroller or the Virginia Auditor of Public Accounts shall have access to and the right to examine any and all books, documents, papers and other records (including computer records) of Subrecipient that are related to this Grant Agreement, in order to conduct audits and examinations and to make excerpts, transcripts, and photocopies. This right also includes timely and reasonable access to Subrecipient's personnel and program participants for the purpose of conducting interviews and discussions related to such documents. The Department's right to such access shall last as long as the records are retained as required under this Grant Agreement. Article 9. INDEMNIFICATION Subrecipient, if other than a government entity, agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the acts or omission of Subrecipient, its officers, agents or employees. Subrecipient, if other than a government entity, further agrees to indemnify and hold harmless the Commonwealth of Virginia, its officers, agents, and employees Project Director's Initials Datez.d>Z-C-) TSS 0128 (07/0112020) Page 10 from any costs including, but not limited to, attorney fees and court costs, incurred by the Department in connection with any such claims or actions. If Subreciplent is a government entity, both parties to the Grant Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 10. DISPUTES AND REMEDIES Subrecipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by Subrecipient in support of Grant Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Director of the Virginia Highway Safety Office or his or her designee acting as final referee. Article 11. TERMINATION The Department may terminate the Grant Agreement, in whole or in part, for cause if Subrecipient fails to fulfill its obligations under the Grant Agreement; fails to comply with any applicable Department policy or procedure or any applicable Federal, State or local law, regulation or policy; or fails to correct a violation of any such law, regulation, policy or procedure. This does not limit any other termination rights that the Department may have under State or Federal laws, regulations or policies. The Grant Agreement shall remain in effect until Subrecipient has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: A. The Department terminates the Grant Agreement for cause and informs Subrecipient that the project is terminated immediately; or B. The Department determines that the performance of the project is not in the best interest of the Department and informs Subrecipient that the project is terminated immediately; or C. The Grant Agreement is terminated in writing with the mutual consent of both parties; or D. There is a written thirty (30) day notice to terminate by either party. The Department shall compensate Subrecipient for only those eligible expenses incurred during the Grant Period specified in the Grant Agreement which are directly attributable to the completed portion of the work covered by the Grant Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. Subrecipient shall not incur nor be reimbursed for any new obligations after the effective date of termination. Article 12. SUBCONTRACTS No portion of the work specified in the Grant Agreement shall be subcontracted without the prior written consent of the Department. In the event that Subrecipient desires to subcontract part of the work specified in the Grant Agreement, Subreciplent shall furnish the Department the names, qualifications and experience of their proposed subcontractors. For purposes of the Grant Agreement, subcontractor(s) shall include, but are not limited to, recipients of mini grants and parties to cooperative agreements and memoranda of understanding. Subrecipient, however, shall remain fully responsible for the work to be done by its subcontractor(s) and shall assure compliance with all the requirements of the Grant Agreement. In any agreement entered into with a subcontractor, Subrecipient shall include or incorporate by reference all language contained in the Statement of Work and Special Conditions and in the General Terms and Conditions portions of this Highway Safety Grant Agreement, and the subcontractor shall agree to be bound by all requirements contained therein. Article 13. NONCOLLUSION Subrecipient certifies that its grant application was made without collusion or fraud, and it has not conferred on any public employee having official responsibility for the Highway Safety Grant process any loan, gift, favor, service or anything of more than nominal value, present or promised, in connection with Project Director's lnitials..z:�' Date c--> 2-ez-o TSS 0128 (07/01/2020) Page 11 its application. If Subrecipient breaches or violates this certification, the Department shall have the right to annul this Grant Agreement without liability. Article 14. SUBRECIPIENT'S RESOURCES Subrecipient certifies that it presently has adequate qualified personnel in its employment to perform the work required under the Grant Agreement, or that Subrecipient will be able to obtain such personnel from sources other than the Department. Subrecipient further certifies that it has the financial resources required to satisfy incurred costs whether or not such costs are eligible for subsequent reimbursement. All employees of Subrecipient shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Subrecipient who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the project shall immediately be removed from association with the project. Unless otherwise specified, Subrecipient shall furnish all equipment, materials, supplies, and other resources required to perform the work. Article 15. SUBRECIPIENT SEAT BELT USE Subrecipient agrees to adopt and enforce an on -the -job seat belt use policy requiring all employees to wear a seat belt when operating any vehicle owned, leased or rented by Subrecipient, including police vehicles. Article 16. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE Subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Article 17. PROCUREMENT AND PROPERTY MANAGEMENT Subrecipient shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to the Grant Agreement in accordance with Virginia law and Department policies and procedures, provided that such laws, policies and procedures are not in conflict with Federal standards, as appropriate, in 2 CFR Part 200 and 2 CFR Part 1201. In the event of conflict, such Federal standards shall apply unless Virginia law or Department policies or procedures impose stricter requirements than the Federal standards. Article 18. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this Grant Agreement shall become the sole property of the Commonwealth in accordance with Va. Code §2.2 -2822 and Executive Memorandum 4 -95. On request, Subrecipient shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the Commonwealth to evidence the Commonwealth's sole ownership of specifically identified intellectual property created or developed during the performance of the Grant Agreement. Article 19. RESEARCH ON HUMAN SUBJECTS Subrecipient shall comply with the National Research Act, Public Law 93 -348, regarding the protection of human subjects involved in research, development, and related activities supported by the Grant Agreement. Article 20. ASSIGNMENT The Grant Agreement shall not be assignable by Subrecipient in whole or in part without the written consent of the Department. Project Director's Initials�� DateC1zv TSS 0128 (07101/2020) Page 12 Article 21. NONDISCRIMINATION A. Subrecipient WILL COMPLY WITH ALL Federal statutes and implementing regulations relating to nondiscrimination ( "Federal Nondiscrimination Authorities "). These include, but are not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR Part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); 3. Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 -1683 and 1685 -1686) (prohibit discrimination on the basis of sex); 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR Part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); 6. The Civil Rights Restoration Act of 1987, (Pub. L. 100 -209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally - funded or not); 7. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131 - 12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR Parts 37 and 38; 8. Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low - Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low- income populations); and 9. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR at 74087 to 74100). B. The Subrecipient entity — 1. Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally- assisted. 2. Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non - Discrimination Authorities identified in this Assurance; 3. Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate Project Director's Initial$��/ Dated �zc� TSS 0128 (07/01/2020) Page 13 and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; 4. Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non- Discrimination Authorities and this Assurance; 5. Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: "During the performance of this contract/funding agreement, the contractor /funding recipient agrees — a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor /funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs a through e, in every subcontract and subagreement and in every solicitation for a subcontract or subagreement that receives Federal funds under this program." C. Certifies that it has disclosed to the Department any administrative and /or court findings of noncompliance with nondiscrimination or equal opportunity laws, regulations or policies during the two preceding years. If Subrecipient has been cited for noncompliance with these laws, regulations or policies, Subrecipient will not be eligible to receive funding. Article 22. DRUG -FREE WORKPLACE Subrecipient certifies that it will provide a drug -free workplace in accordance with the requirements of the Drug -Free Workplace Act of 1988 (41 U.S.C. 8103 – Federal grant recipients). Article 23. BUY AMERICA ACT Subrecipient will comply with the provisions of the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a Subrecipient, to purchase only steel, iron and manufactured products produced in the United States with Federal funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. The National Highway Traffic Safety Administration (NHTSA) was granted a Buy America Act public interest waiver that became effective July 30, 2015, (Federal Register Vol. 80, No. 125, published June 30, 2015). This waiver allows a State or Subrecipient to purchase any manufactured product with a purchase price of $5,000 or less, excluding a motor vehicle when the product is purchased using Federal grant funds administered under Chapter 4 of Title 23 of the United States Code. The "National Traffic and Motor Vehicle Safety Act of 1966" defines a motor vehicle as a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a Project Director's Initial�P� Date G! � / 010 TSS 0128 (07/01/2020) Page 14 vehicle operated only on a rail line. See 49 U.S.C. 30102(a)(6). Therefore, the purchase of foreign -made cars, motorcycles, trailers and other similar conveyances must be made with a waiver regardless of price. Article 24. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to the Grant Agreement as follows: A. Subrecipient agrees to ensure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with Federal funds. In this regard, Subrecipient shall make good faith efforts, in accordance with 49 CFR Part 26, to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. B. Subrecipient and any subcontractor shall not discriminate on the basis of race, color, national origin, sex, disability, or age in the award and performance of agreements funded in whole or in part with Federal funds. These requirements shall be included in any subcontract or subagreement. Failure to comply with the requirements set forth above shall constitute a breach of the Grant Agreement and, after the notification by the Department, may result in termination of the Grant Agreement by the Department or other such remedy as the Department deems appropriate. Article 25. DEBARMENT AND SUSPENSION A. Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participating in covered transactions by any State or Federal department or agency or otherwise excluded by any Federal or State department or agency; 2. Have not within a three (3) year period preceding this Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local transaction or contract under a public transaction; violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a Federal, State, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Grant Agreement, had one or more Federal, State, or local transactions terminated for cause or default. B. Where Subrecipient is unable to certify to any of the statements in this Article, such Subrecipient shall attach an explanation to the Grant Agreement. C. Subrecipient is prohibited from making any subcontract or sub -award or permitting any subcontract or sub -award to any party that does not certify to Subrecipient that such party meets the requirements set forth in Section A., Items 1-4 of this Article. When requested by the Department, Subrecipient shall furnish a copy of such certification. D. Subrecipient shall require any party to a subcontract or purchase order awarded under the Grant Agreement to certify its eligibility to receive Federal grant funds, and, when requested by the Department, to furnish a copy of the certification. E. Subrecipient shall provide immediate written notice to the Department if at any time Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Project Director's Initials Date % ,��� TSS 012B (07/01/2020) Page 15 F. Subrecipient agrees to comply with the requirements of 2 CFR Parts 180 and 1200. Article 26. POLITICAL ACTIVITY (HATCH ACT) Subrecipient will comply with provisions of the Hatch Act (5 U.S.C. 1501 - 1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Article 27. FEDERAL LOBBYING CERTIFICATION Subrecipient certifies to the best of his or her knowledge and belief that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the party to the Grant Agreement shall complete and submit Standard Farm -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website /webpage designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. In addition, grant funds shat not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Congress. D. Subrecipient shall require that the language of this certification be included in the award documents for all sub - awards (including subcontracts, sub- grants, and contracts under grant, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant Agreement was made or entered into. Submission of this certification is a prerequisite for entering into this Grant Agreement imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Article 28. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., 'grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website /webpage designed to support or defeat legislation pending before the Virginia General Assembly, except in presentation to the General Assembly itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent Project Director's Initials , V Date 0 r zc� TSS 0128 (07/01/2020) Page 16 acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Virginia General Assembly. Article 29. INTERPRETATION AND ENFORCEABILITY In the event any terms or provisions of this Grant Agreement are breached by either party or in the event that a dispute may arise between the parties regarding the meaning, requirements, or interpretation of any terms and provisions contained in this Grant Agreement, then such breach or dispute shall be resolved pursuant to the terms of this Grant Agreement and the remedies available under the Code of Virginia. If Subrecipient is not a government entity, in the event the Department must initiate proceedings to enforce the terms and conditions of this Grant Agreement or seek redress for damages caused by Subrecipient's breach of this Grant Agreement, the Department shall be entitled to recover all costs including, without limitation, court costs and attorney fees, incurred in such proceedings. Article 30. ADDITIONAL PROVISIONS A. Signature Authorized. Subrecipient's authorized approving official, signing the certification page of the Grant Agreement, has the legal authority to apply for Federal Assistance and has the institutional, managerial, and financial capability (including funds sufficient to pay costs subsequently reimbursed and the non - Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. B. Headings. The captions and headings used in this Grant Agreement are intended for convenience only and shall not be used for purposes of construction or interpretation. C. Notice. All notices, requests and demands shall be directed as follows: To the Department: Virginia Department of Motor Vehicles ATTENTION: Director, Virginia Highway Safety Office Post Office Box 27412 Richmond, Virginia 23269 -0001 To Subreciplent: Roanoke City Police Dept. 348 Campbell Ave., SW Roanoke, VA 24016 Any notice, unless otherwise specified herein, will be deemed to have been given on the date such notice is personally delivered or is deposited in the United States certified mail, return receipt requested, properly addressed and with postage prepaid. Project Director's Initials-�� Date � r� Roanoke Retion Augtisb 2020 Roanoke City Bicycle Crash Statistics Available Crash Data - Calendar Year 2016 2017 2018 2019 Bicycle Crashes 6 4 2 i1 Bicycle Fatal Crashes Highest Time Period(s) No \0 No No Bicycle Bicycle liicycle Bic.t cle HighestDay(s) t'atalitics Fatalities Fatalities fatalities Highest Month(s) Bicycle Serious Injury Crashes Midnight - 2:59am Highest Time Period(s) 9:00pm- 11:59pm 11, Noon - 2:59pm (loo %) ,q" , 1. .. .i�. (100%) Highest Day(s) Friday Sunday - Thursday (100x) (100x) Highest Month s! January September (100x) 000x) Bicycle Injury Crashes S 4 2 13 6:OOam - 8:59am Highest 'l ime Period(s) Noon- 2:59pm Noon- 2:59pm 9:OOam - I1:59am 3:00pm - 5:59pm (40%) (15%) (160x) (31%) Friday Friday - Saturday Monday • «ednesday Thursday - Tuesday Highest Da} ls) (46x) (.%%) (100x) (46%) Highest Month(s) October April - December December • January August • February (40 %) (so%) (160x) (46%) a Bicycle Fatal Interstate Crashes a Bicycle fatal Non- inierslale Crashes � • Bicycle Senous lnjtir} Interstate Cashes •Bicycle Serious Injury Non - interstate Crashes �acinIA ru. The blue gradient represents the density of all bicycle crashes This sewn — a— red b' the Comer fa Idomutnn Te hwlo(s page l of 2 Rsanake Region August, 2020 Roanoke City Bicycle Crash Statistics 2018 Fatal Crashes - Calendar Year No fatal crashes occurred. 2018 Serious Injury Crashes - Calendar Year No serious injury crashes occurred. 2019 Fatal Crashes - Calendar 1 "ear No fatal crashes occurred. 2019 Serious Injure Crashes - Calendar Year Street Cross Street Count DELAWARE AVE COVE RD MELROSE AVE 10TH ST Mainline crash locations not included in table 0 Intersection crash locations not included in table, 0 Locations %%ith equal crash counts are listed in random order in table and single crash locations may not be listed page 2 of 2 This repori was generated bN the Center for Geospatial Information Technology VF VIRGIN A TECH Roanoke Region August, 2020 Roanoke City Pedestrian Crash Statistics Available Crash Data - Calendar Year 2016 2017 2018 2019 Pedestrian Crashes 23 ?9 34 44 Pedestrian Fatal Crashes 4 g 2 3:00am - 5:59am 6:00am - 8:59am 6:00pm - 8:59pm Highest Time Period(s) 6:00pm- 8:59pm 6:00pm- 8:59pm 9.003m - 11:59am Midnight - 2:59am (s0 %) (4e %) (100x) (110•a) Friday - Saturday Friday Friday Thursday Sunday • Wednesday Highest Day(s) (40 %) 140%) (160x) (look) June December April March December - February Highest Month(s) ISO %) (40 %) (110x) (l00%) Pedestrian Serious Injury Crashes 6:00am - 8:59am 3:00pm - 5 :59pm Highest Time Period(s) 6:00pm- 8:59pm Noon- 2:59pm 9:00pm - 11:59pm 6:00pm - 8:59pm (66 %) 140'1.) (30x) (60 %) Thursday ?Monday Sunday Friday - Monday Highest Day(s) ( -50%) (40%) (40x) (40%) September October August • February July Highest Month(s) (33%) 140 %) (40x) (30 %1 Pedestrian Injury Crashes 19 24 32 42 6:00pm- 8:59pm 3:00pm - 5 :59pm Highest Time Period(s) Noon- 2:59pm Noon- 2:59pm 3:00pm - 5:59pm 6:00pm - 8:59pm (32x) (sox) (2a %) (t2%) Monday - Thursday Monday Tuesday Tuesday Highest Day(s) (42%) (24%) (28x) (21%) Highest Month(s) September October February May (21•x:) 421%) (16%) (14%) 2018 i ♦ Pedestrian Fatal Interstate Crashes r Pedestrian Senous In)ur) Interstate Crashes The blue gradient represenrs the density of all pedestrian crashes • Pedestnan Fatal Non - interstate Crashes • Pedestrian Serous Injury Non - Interstate Crashes page I of 2 A We vI.G~ rre. This ,,wn gemmed by dr C,wr for Geosparul W.r -iilron Taha lr v Roanoke Region August, 2020 Roanoke City Pedestrian Crash Statistics 2018 Fatal Crashes - Calendar Year Street Cross Street Count JAMISON AVE 4TH ST I GLADE VIEW DR I Mainline crash locations not included in table 0 Intersection crash locations not included in table 0 2018 Serious Injury Crashes - Calendar Year Street Cross Street Count PETERS CREEK RD NORTH RD 1 WILLIAMSON RD I DALE AVE I BRANDON AVE 1 FRANKLIN RD WONJU ST t FRANKLIN RD JEFFERSON ST 1 FAIRHOPE RD I ORANGE AVE I MEMORIAL AVE l HANOVER AVE I GJS NICKS BLVD Mainline crash locations not included to table 0 BRIGHTON RD Intersection crash locations not included to table 0 2019 Fatal Crashes - Calendar bear Street Cross Street Count 5TH ST CAMPBELL AVE I PLANTATION RD WEBB RD I Mainline crash locations not included to table- 0 Intersection crash locations not included in table 0 2019 Serious Injury Crashes - Calendar Year Street Cross Street Count ORANGEAVE 2 SHFFNANDOAH AVE WESTSIDf BLVD 1 ELM AVE 4TH S1 I BRANDON AVE I TAZEWELL AVE I 9TH ST Mt RRAY AVE I GJS NICKS BLVD KING Si I BRIGHTON RD SUMMIT AVE I ORANGE AVE 16TH ST I Mainline crash locations not included to table 0 Intersection crash locations not included in table 0 Locations with equal crash counts are listed in random order to table and single crash locations ma) not be listed. page 2 of 2 This report teas generated b� the Center for Geospatial Information Technolog7 VF V PGiN1A 1rCM IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41875- 092120. A RESOLUTION approving an amendment to the City of Roanoke's 2015 -2019 Consolidated Plan, through its 2019 -2020 Annual Plan, to reallocate a portion of the second allotment of certain unspent Emergency Solutions Grant (ESG -CV2) funds received by the City from the United States Department of Housing and Urban Development (HUD) for the 2019- 2020 Plan Year due to the COVID -19 disaster; authorizing the City Manager or the City Manager's designee to submit such amendment to HUD for final review and approval; and further authorizing the City Manager to execute all necessary documents required for such amendment. WHEREAS, in March 2020, Congress passed the Coronavirus Aid, Relief and Economic Securities (CARES) Act, which allocated additional funds to localities for CDBG and ESG programs to address the COVID -19 disaster, and localities were given the option of amending their 2019 -2020 Annual Plans to expedite their use of these funds; WHERESAS, by Resolution No. 41753- 061520 adopted by Roanoke City Council on June 15, 2020, after a public comment period was advertised and a public hearing was properly held prior to the end of the public comment period, City Council authorized the amendment of the City's 2019 -2020 Annual Plan to reallocate certain ESG -CV funding made available to the City from HUD pursuant to the CARES Act to be used to fund homeless assistance services in connection with the COVID -19 disaster; WHEREAS, on June 9, 2020, the City received notification from HUD of the availability of an additional allotment of ESG -CV funds (ESG -CV2) available to the City in the amount of $894,995, a portion of which the City desires to reallocate in the amount of $500,000 to be used to prevent, prepare for, and respond to the COVID -19 pandemic among individuals and families who are homeless or receiving homeless assistance, and to support additional homeless assistance and homelessness prevention activities to mitigate the impacts of COVID- 19; and WHEREAS, a thirty (30) day public comment period was properly advertised and a public hearing was held by City Council on September 8, 2020, prior to the end of the comment period, as required by law for City Council to consider such amendment to the Consolidated Plan to reallocate such ESG -CV2 grant funds. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: The proposed amendment to the 2019 -2020 Annual Plan to reallocate CDBG and ESG -CV2 funds received by the City from HUD for the 2019 -2020 Plan year in the amount of $500,000 to be used to fund and homeless assistance and homelessness prevention service activity in connection with the COVID -19 disaster, as further set forth in the City Manager's City Council Agenda Report dated September 8, 2020, is approved. 2. The City Manager, or his designee, is hereby authorized to execute any necessary documents pertaining to such amendment, and that may be required to accept such funds, and to submit the amendment to the City of Roanoke's 2019 -2020 Annual Plan to HUD for final review and approval. 3. The City Manager is authorized to execute such subgrant agreements and amendments with service providers as may be required pursuant to the amendment to the 2019- 2020 Annual Plan, and as may otherwise exceed the City Manager's authority under Section 2- 124 of the Code of the City of Roanoke, as amended, such subgrant agreements or amendments to be within the limits of funds provided for in such amendment to the 2019 -2020 Annual Plan and to be approved as to form and as to execution by the City Attorney, all as more particularly set forth in the City Council Agenda Report dated September 21, 2020. ATTEST: ()ZUJ4.�- -�' LfG67 City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41876 - 092120. AN ORDINANCE to appropriate funding from the Department of Housing and Urban Development (HUD) for the Emergency Solutions Grant (ESG), amending and reordaining certain sections of the 2020 -2021 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 2020 -2021 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations ESG — Council of Community Services ESG — Family Promise of Roanoke Valley ESG — Legal Aid Society of Roanoke Valley ESG — Rescue Mission Ministries ESG — TAP (Rent & Mortgage Relief Program) ESG — TAP (Domestic Violence Emergency Shelter) Revenues ESG CV -2 CARES COVID -19 FY20 35 -E20- 5238 -5618 $ 50,000 35 -E20- 5238 -5644 15,000 35 -E20- 5238 -3822 25,000 35 -E20- 5238 -5668 120,146 35 -E20- 5238 -8173 200,197 35 -E20- 5238 -8174 89,657 35 -E20- 5238 -5238 500,000 ATTEST: City Clerk "Y ' t CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 21, 2020 Subject: Amendment to 2015 -2019 HUD Consolidated Plan Background: In March 2020, Congressed passed the Coronavirus Aid, Relief and Economic Securities (CARES) Act, which allocated additional funds for Community Development Block Grants (CDBG) and Emergency Solutions Grant (ESG) programs to address the preparation, response and recovery from effects of COVID -19 to HUD entitlement communities. Localities were given the option of amending their current 2019 Annual Plans to expedite the use of these funds. HUD Community Resources is proposing a substantial amendment to its 2015 -2019 Consolidated Plan, through the 2019 Annual Plan for ESG -CV2 funds received from the U.S. Department of Housing and Urban Development (HUD). On April 20, 2020, City Council took action to approve and appropriate $298,507 in ESG -CV funds for emergency sheltering and case management for the City's homeless population. On June 15, 2020 Council approved and appropriated an additional $226,917 in ESG -CV funds for Homeless Services, for a total of ESG -CV funds of $525,424. In June of 2020, the city received notice of an additional $894,995 in ESG -CV2 funds through the CARES Act to be allocated for eligible services for homelessness services and prevention. HUD Community Resources (HCR) developed a request for proposals allocating $500,000 of these funds to be used for such services, with the remaining funds to be held out for future needs. HCR received 10 proposals totaling $1,215,497. After consulting with representatives from the city's Homeless Assistance Team and Blue Ridge Interagency Council on Homelessness, the following services related to the preparation, response and recovery of the COVID -19 pandemic are recommended for approval: • Council of Community Services (Housing Case Management) - $50,000 • Family Promise of Roanoke Valley (Apartment Shelter Program) - $15,000 • Legal Aid Society of Roanoke Valley (Eviction Prevention) - $25,000 • Rescue Mission Ministries (Respite /Quarantine Wing) - $120,146 • TAP (Rent & Mortgage Relief Program) - $200,197 • TAP (Domestic Violence Emergency Shelter) - $89,657 The 2015 -2019 Consolidated Plan may be amended with the approval of the City Council. The City Council will amend the approved Plan whenever it makes one of the following decisions: 1) To make a substantial change in its allocation priorities or a substantial change in the method of distribution of funds; 2) To make a substantial change in a program or method of carrying out an activity; 3) To carry out an activity or new project, using funds from any program covered by the Consolidated Plan (including program income) not previously described in the Action Plan in excess of $100,000; or 4) Adding more than $200,000 to an existing project. Considerations: A public notice was advertised in the Roanoke Times and uploaded to the City's webpage on August 21, 2020 of a 15-day comment period, including a public hearing on September 8, 2020, regarding the proposed amendment. Public comments were received via email through September 9, 2020, with no comments received from the public. The amended plan will include funding of activities in the following category: Homelessness Services $500,000 Recommended Action: 1. After consideration of any public comments received, approve the amendment to the 2015 -2019 Consolidated Plan and instruct City Manager or his designee to submit amended plan to HUD. 2 2. Authorize the City Manager to execute the required Grant Agreements, Funding Approval, and other documents required by HUD in order to accept the funds, all of such documents to be approved as to form by the City Attorney; and 3. Adopt the accompanying budget ordinance to establish a revenue estimate for ESG Entitlement Funds and to appropriate funding in the amount of $500,000 into accounts to be established in the Grant Fund by the Director of Finance, as detailed in the attached budget ordinance. ------------------------------ Robert S. Cowell, .Jr. City Manager Distribution: Council Appointed Officers W. Brent Robertson, Assistant City Manager for Community Development Chris Chittum, Director of Planning, Building & Development Amelia C. Merchant, Director of Finance Keith Holland, HCR Program Administrator Matthew Crookshank, Human Services Administrator 3 t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41877 - 092120. AN ORDINANCE amending and reordaining Section 7 -4, Electrical inspector's right of entry authority to disconnect current in emergencies-, maximum length of service entrance conductor, Article I, In General, of Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, to delete a subsection no longer required by the Uniform Statewide Building Code, and amend the title of the section to conform to the deletion; providing for an effective date: and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: Section 7 -4, Electrical inspector's right of entry authority to disconnect current in emergencies; maximum length of service entrance conductor, Article I, In General, of Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 7 -4 - Electrical inspector's right of entry; authority to disconnect current in emergencies, maximum length 2. This ordinance shall be in full force and effect upon passage. 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 Clerk. 4 1 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 21, 2020 Subject: Amendment to City Code to Delete Section 7 -4(b) to Conform to Statewide Building Code Requirements Background Section 7 -4(b) of City Code provides that "[t]he maximum length of a service entrance conductor inside of a building shall be limited to six (6) feet without a disconnect." These requirements are inconsistent with the Statewide Building Code; therefore, this section is inconsistent with current regulations and should be deleted. Consideration Deletion of Section 7 -4(b) of City Code will conform City Code to current Statewide Building Code requirements. Recommended Action Adopt the attached ordinance to delete Section 7 -4(b) of City Code. -C ---- W/r -------------- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers W. Brent Robertson, Assistant City Manager for Community Development Chris Chittum, Director of Planning Neil Holland, Building Commissioner Tina M. Carr, Planning Coordinator Douglas P. Barber, Jr., Assistant City Attorney CECELIA F. MCCOY, CHIC CUN Clerk Parkside Properties, LLP 2635 Turnberry Road Salem, Virginia 24153 Dear Sir or Madam: 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) 853-114-5 E-mail: elerk(droanokeNa.roc September 22, 2020 CECELIA T. WEBB, CHIC Deput.N Citc Clerk I am enclosing copy of Ordinance No. 41878 - 092120 permitting an existing encroachment as requested by Parkside Properties, LLP, a Virginia general partnership ( "Parkside Properties ") and dispensing with the second reading of this Ordinance by title. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 21, 2020, and is in full force and effect upon its passage. Sincerely, Cecelia F. McCoy, CMC City Clerk c: Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Chris Chittum, Director of Planning Neil Holland, Building Commissioner Ian Shaw, Planning Administrator Tina M. Carr, Planning Coordinator Timothy R. Spencer, Senior Assistant City Attorney Douglas P. Barber, Jr., Assistant City Attorney PUBLIC RIGHT OF WAY LOCATED BETWEEN ROANOKE OFFICIAL TAX MAP NOS: 1011807 (305 Jefferson St SW) and 1011804 (10 Kirk Ave SW) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41878- 092120. AN ORDINANCE permitting an existing encroachment as requested by Parkside Properties, LLP, a Virginia general partnership ( "Parkside Properties ") and dispensing with the second reading of this Ordinance by title. WHEREAS, Parkside Properties is the owner of the following two parcels of real property located in the City of Roanoke: 305 Jefferson St. S.W., designated as Official Tax Map No. 1011807 ( "Jefferson Street Parcel "), and 10 Kirk Ave. S.W., designated as Official Tax Map No. 1011804 (Kirk Avenue Parcel "); WHEREAS, there is an existing overhead walkway between the second -story levels of the two parcels listed above and for which the City has granted a sixty (60) year Lease of Air Space entered into between the City of Roanoke and Parkside Properties, which was authorized on July 9, 1984, by Ordinance No. 27104, and recorded on September 6, 1984, in the Roanoke City Circuit Court Clerk's Office, in Deed Book 1507 on page 1752 ( "Air Rights Lease "), and which crosses over a public right -of way alley between the Jefferson Street Parcel and the Kirk Avenue Parcel ("Alley"); WHEREAS, along the southern side of the overhead walkway within air rights granted Parkside Properties under the Air Rights Lease a natural gas supply line has been attached to the exterior of the overhead walkway structure to provide natural gas supply to the Kirk Avenue Parcel, and crosses over and encroaches upon the Alley; WHEREAS, the Alley runs north and south between the Kirk Avenue Parcel, and the following four parcels along Jefferson Street, S.W., described as (1) the Jefferson Street Parcel, (2) a parcel situated at 301 Jefferson Street, S.W., designated as Official Tax Map No. 1011805, (3) a parcel situated at 303 Jefferson St. S.W., designated as Official Tax Map No. 1011806, and (4) a parcel situated at 307 Jefferson St. S.W., designated as Official Tax Map No. 1011808; and WHEREAS, Parkside Properties seeks an encroachment permit from the City and City staff recommends to Council that Council grant Parkside Properties the requested encroachment permit in accordance with the terms and conditions of this Ordinance. NOW THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. City Council hereby grants to Parkside Properties an encroachment permit and Parkside Properties is allowed to maintain and use said encroachment over the Alley solely for the purpose of using and maintaining a natural gas supply line attached to the exterior of the south side of the second story walkway between the Jefferson Street Parcel and the Kirk Avenue Parcel for the sole use and benefit of the Kirk Avenue Parcel. 2. Parkside Properties agrees that, in maintaining such encroachment, Parkside Properties and its grantees, assignees, or successors in interest agree to indemnify and save harmless the City of Roanoke, its officers, agents, and employees from any and all claims for injuries or damages to persons or property, including attorney's fees, that may arise by reason of the above - described encroachment. Parkside Properties agrees that this encroachment permit is terminable at will by the City and the encroachment shall be removed from the air space above the Alley at any time upon written demand of the City of Roanoke, and that such placement and removal of the encroachment shall be at the sole cost and expense of Parkside Properties. Parkside Properties agrees that it shall repair, restore, and replace any damage to the encroachment, and any damage to the land, caused by the placement and removal of the encroachment, at Parkside Properties' sole cost and expense. 2 3. Parkside Properties, its grantees, assigns or successors in interest, shall, for the duration of this permit, maintain on file with the City Clerk's Office evidence of insurance coverage in an amount not less than $1,000,000 of general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents, and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received by the Office of the City Clerk for the City of Roanoke, Virginia, within thirty (30) days of passage of this Ordinance. The certificate of insurance shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Manager for the City of Roanoke. 4. The City Clerk shall transmit an attested copy of this Ordinance to Parkside Properties, LLP, 2635 Turnberry Rd., Salem, VA, 24153. 5. This Ordinance shall be in full force and effect at such time as a copy of this Ordinance, duly signed, sealed, and acknowledged by Parkside Properties has been admitted to record, at the cost of Parkside Properties, in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 3 above is on file in the Office of the City Clerk. In the event this Ordinance is not signed by Parkside Properties and recorded in the Circuit Court Clerk's Office for the City of Roanoke within ninety (90) days from the adoption of this Ordinance, this Ordinance shall terminate and be of no further force and effect. t Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: czcd-t� J-- VA4-IC7 City Clerk. The undersigned acknowledges that it has read and understands the terms and conditions stated above and agrees to comply with those terms and conditions. PARKSIDE PROPERTIES LLP, a Virginia general partnership, By: Printed Name: Title: COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) I, a Notary Public in and for the State and City aforesaid, do certify that the foregoing instrument was acknowledged before me this day of 5 2020 by , the , of Parkside Properties, LLP, a Virginia general partnership, for and on behalf of such company. My Commission expires: Notary Public Registration No. 5 COUNCIL AGENDA REPORT r To: Honorable Mayor and Members of City Council Meeting: September 21, 2020 Subject: Natural Gas Line Encroachment Permit Background Parkside Properties is the owner of two parcels of real property located in the City of Roanoke: 305 Jefferson Street, S.W., and 10 Kirk Avenue, S.W. ( "Kirk Avenue Parcel "). Between these two parcels there is an existing overhead walkway between the second -story levels, which crosses over a public right -of- way alley ( "Alley "). On July 9, 1984, the City granted a sixty (60) year Lease of Air Space to Parkside Properties for this overhead walkway. Along the southern side of the overhead walkway, a natural gas supply line has been attached to the exterior of the overhead walkway structure to provide natural gas to the Kirk Avenue Parcel. This gas line crosses over and encroaches upon the Alley. Parkside Properties seeks an encroachment permit from the City. Consideration The encroachment permit will allow the businesses occupying the Kirk Avenue Parcel to continue operations. Recommended Action Grant the encro chment permit. - - - - -- -- - - -------------- -- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers W. Brent Robertson, Assistant City Manager for Community Development Chris Chittum, Director of Planning Neil Holland, Building Commissioner Ian Shaw, Planning Administrator Tina M. Carr, Planning Coordinator Timothy R. Spencer, Senior Assistant City Attorney Douglas P. Barber, Jr., Assistant City Attorney ( IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41879 - 092120. A RESOLUTION accepting funding from the Community Foundation Serving Western Virginia ( "Foundation ") in the amount of $50,000 to support the installation of wayfinding signs; and authorizing the City Manager to execute a Grant Agreement between the City of Roanoke and the Foundation, to support the installation of wayfinding signs. THEREFORE, BE IT RESOLVED BY THE Council of the City of Roanoke that: 1. The City Council hereby accepts the funding from the Foundation, in the amount of $50,000 to support the installation of wayfinding signs, with a local match from the City in the amount of $25,000, all as more fully set forth in the City Council Agenda Report dated September 21, 2020. 2. The City Manager is authorized to execute on behalf of the City, in a form approved by the City Attorney, a Grant Agreement ( "Agreement ") between the City and Foundation, to support the installation of wayfinding signs, such Agreement to be substantially similar to the Agreement attached to the above mentioned Agenda Report. 3. The City Manager is further authorized to take such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary and to furnish such additional information as may be required to accept and use such funds. ATTEST: cx,u� J V& *I- City Clerk. R- Authorize Agreement between City and Community Foundation serving Western Virginia. - Wayfinding Signs (9.21.20) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41880- 092120. AN ORDINANCE to appropriate funding from the Community Catalyst Funds through the Community Foundation Serving Western Virginia for the Regional Wayfinding Project, amending and reordaining certain sections of the 2020 -2021 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 2020 -2021 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees For Professional Service 35- 310 - 8335 -2010 $ 75,000 Capital Project Contingency Fund- Local 08- 530 - 5975 -9220 (25,000) Revenues Regional Wayfinding Project FY20 - Grant 35- 310 - 8335 -8335 50,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 0-et� ,�- ci� eP-7 City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 21, 2020 Subject: Agreement with Community Foundation Serving Western Virginia for Wayfinding Signs Background: Visit Virginia's Blue Ridge sponsored a study of enhancing the wayfinding signs within the jurisdictions of its member localities to facilitate better identification and location of regional attractions. As a result of the study, a Regional Wayfinding Program has been developed. The Community Foundation Serving Western Virginia (Foundation) will provide funding, in the amount of $50,000, to support the installation of wayfinding signs. This funding will be matched with $25,000 in City of Roanoke funds. Considerations: Council approval is required to authorize the City Manager to execute the agreement with the Foundation to accept the funds. Recommended Action: Accept the Foundation funding and authorize the City Manager to execute the agreement, such document to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $50,000 and appropriate the same in capital account 35 -310- 8326 -2010, entitled Roanoke Foundation for Downtown, Inc. ( Wayfinding Signs) and transfer $25,000 for City matching funds from Capital Project Contingency. ------------------- Robert S Cowell, Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Deputy City Manager Amelia C. Merchant, Director of Finance COMMUNITY FOUNDATION SERVING WESTERN VIRGINIA OFFICERS Mimi Rainero Coles Chair Grant #: 20210014 Richard G. Bailey, DV.M. Vice Chair August 31, 2020 Lauren Ellerman Treasurer City of Roanoke - Transportation Division C/O Ian Coffey Alan E. Ronk 1802 Courtland Road, N.E. Secretary President /CEO Roanoke, VA 24012 BOARD OF GOVERNORS Dear Mr. Coffey, R chard G Bailey, DV.M. .John P_ Budd Jr. rank G Carter Mimi Rainero I am pleased to inform you that Community Foundation Serving Western Virginia has Coles =laine Milan Cronk approved a g rant of $50,000.00 from our Community Catalyst Funds to be used for Margie Beazley Eason, M.D the Regional Wayfinding Project as outlined in the Foundation's Proposed Action Lauren Ellerman Tammy M Finley document that was previously presented to the City of Roanoke. The grant check is James B Frith Jr enclosed. Susan Lancaster Stephen W Lemon George A Levicki, D D.S. included with th s letter is a Grant Agreement that outlines the terms of the grant. Colleen M. Marston Please sign and return to the Foundation within two weeks. If you have any questions, James W McAden do not hesitate to contact me. The Foundation requires you to submit a final report R ndall R. Rhea, M Daeger Which details the impact of this grant on your agency or program and which Cleo C Sims specifically explains how the funds were used. Philip Trompeter Leonard Wheeler Florence V Williams We also ask that Y g our organization publicize this grant and send any copies of resulting coverage to the Foundation. Please recognize this grant as coming from the REGIONAL ADVISORY BOARD Community Catalyst Funds of Community Foundation Serving Western Virginia. You Y g Kimberly Kiser Snyder may also submit good quality digits; photographs - one or two images that best show Chair your grant project, plus a brief description that could be used for the Foundation's James B Frith Jr, annual report or other publications. Please remember to always obtain a photo Vice Chair release from anyone that appears in the photographs. The only exception to this is if Courtney Wenkstern the picture is from a public event. Secretary Deepak D.Banepee M D Margie Beazley Eason M,D If you have any questions about publicizing your grant, please contact the Foundation Mike Grogan William at 540- 985 -0204. We are happy to support the City of Roanoke's good work in the L. Pann R Tracy E Tate community. Paul 8 Toms Jr Sincerely, non& Michelle Eberly D,rector, Grants & Donor Engagement Enclosure Grant Agreement Between Community Foundation Serving Western Virginia ('Foundation') And City of Roanoke ('Grantee') Transportation Division C/O Ian Coffey 1802 Courtland Road, N.E. Roanoke, VA 24012 Please sign and return this Grant Agreement to the Foundation within two weeks. 1. This grant is made expressly and solely for purpose(s) stated in the grant award letter. Use of the grant funds is subject to modification only with the Foundation's prior written approval. 2. in accepting this $50,000 grant check, the Grantee certifies that it has agreed to contribute $25,000 to the Wayfinding Project as proposed by Visit Virginia's Blue Ridge. 3. In accepting this grant check, the Grantee certifies that is has adopted the wayfinding sign design as proposed by Merje and approved by Visit Virginia's Blue Ridge. 4. A final grant report is to be completed and returned to the Foundation by June 30, 2021 certifying the grant funds have been spent and an outline of how the funds were used. Please make a note of when your report is due, as you will not receive a reminder from the Foundation. The Foundation reserves the right to request copies of invoices that support substantial expenditures of the grant funds. I agree to the terms stated in this agreement. Signature: - - - -_ Print Name:----------- - - - - -- - ---- Date:-------- - - - - -- Title:--- - Organization: Grant #: 20210014 COMMUNITY FOUNDATION SERVING WESTERN VIRGINIA Regional Wayfinding Project Proposed Actions Introduction Community Foundation Serving Western Virginia is this region's community foundation and is the largest grant making foundation in the area. The Foundation holds approximately $77,000,000 in philanthropic assets, with an additional $130,000,000 in place through various future estate commitments. For over thirty years, the Foundation has been diligently seeking out projects to support that add significantly to the quality of life of our citizens and that strengthen the fabric of the many communities we serve. Wayfinding In discussions with Visit Virginia's Blue Ridge, Downtown Roanoke, Inc. and the Roanoke Foundation for Downtown, Inc., we became aware of the Regional Wayfinding efforts that were underway. We requested further information and held a number of meetings to best understand the need and the present and future benefits. Ultimately, our staff, our Community Programming Committee, and the Foundation's Board of Governors emphatically agreed that this was a very worthy project and one deserving our endorsement and significant support. Proposed Grants Community Foundation Serving Western Virginia intends to commit a quarter- million dollars ($250,000) toward the Regional Wayfinding project as detailed in the plan proposed by Merje and approved by Visit Virginia's Blue Ridge executive committee (the "Wayfinding Plan "). This will be accomplished via five grants of $50,000 each to the County of Botetourt, County of Franklin, City of Roanoke, County of Roanoke, and City of Salem. Challenge Component In supporting this project, the Community Foundation is issuing a 2:1 challenge as an integral part of the $250,000 total grant. We will provide the $50,000 in support once a jurisdiction has formally committed $25,000 to the wayfinding project in its 2020 budget and formally adopted the Wayfinding Plan for its current and future needs. Next Steps We would respectfully ask that you consider this grant opportunity. If interested, and we certainly hope you will be, please send a letter to the Foundation (or an email to michelle @cfwesternva.ore) expressing your desire to move forward. We will then prepare a formal grant agreement for you to have as you work through your appropriate approval process. Thanksl IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41881- 092120. AN ORDINANCE authorizing the City Manager to execute on behalf of the City a Revocable License Agreement with Blue Ridge Literacy, for the continued use of approximately 1800 square feet at the City's Main Library, located at 706 South Jefferson Street, Roanoke, Virginia, which would house the Blue Ridge Literacy administrative offices and tutoring services; authorizing the City Manager to implement, administer, and enforce such Revocable License Agreement; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to execute a Revocable License Agreement with Blue Ridge Literacy, for the continued use of approximately 1800 square feet at the City's Main Library, located at 706 South Jefferson Street, Roanoke, Virginia, which would house the Blue Ridge Literacy administrative offices and tutoring services, all as is more particularly set forth in the City Council Agenda Report to this Council dated September 21, 2020. 2. The term for the Revocable License Agreement shall be for one year, beginning October 1, 2020, with four mutually agreed upon one year renewal options, subject to being revoked by the City upon 90 days' notice to Blue Ridge Literacy. 3. The Revocable License Agreement shall be in a form approved by the City Attorney and shall be substantially similar to the form attached to the City Council Agenda Report to this Council dated September 21, 2020. 4. The City Manager is further authorized to take such actions and execute such O- Authorize license agreement — Blue Ridge Literacy (9.21.20) documents as may be necessary to implement, administer, and enforce such Revocable License Agreement, with any such documents being approved as to form by the City Attorney. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ce"�. J-. vxz'e� City Clerk. O- Authorize license agreement — Blue Ridge Literacy (9.21.20) 2 CITY COUNCIL AGENDA REPORT ss.F To: Honorable Mayor and Members of City Council Meeting: September 21, 2020 Subject: Revocable License Agreement Between the City of Roanoke, Virginia and Blue Ridge Literacy for Space at the Main Library Background: Blue Ridge Literacy, a Virginia non - profit corporation has requested a revocable license for continued use of approximately 1800 SF at the City's Main Library, 706 S. Jefferson Street Roanoke, Virginia 24016. This space would house Blue Ridge Literacy administrative offices and tutoring services. The term of such License Agreement will be for one year starting October 1, 2020 with four mutually agreed upon one -year renewal options, subject to being revoked by the City upon 90 days' notice to Blue Ridge Literacy. Considerations: This will enable the Library to continue to partner and expand literacy services and programs. Housing this organization in the Library is a perfect match of mutual needs. Blue Ridge Literacy was originally founded over twenty years ago by two local Librarians. Currently over 120 Blue Ridge Literacy tutors work out of the City's libraries. Last year instructional hours were received by area learners through one -to -one, small group, large group, and computer -based instruction. "English as a Second Language" learners represent more than 80% of learners served. Recommended Action: Authorize the City Manager to execute a Revocable License Agreement with Blue Ridge Literacy for approximately 1800 square feet at the City's Main Library, 706 S. Jefferson Street, Roanoke, Virginia 24016. The term of such License Agreement will be for one year starting October 1, 2020, with four mutually agreed upon one -year renewal options, subject to being revoked by the City upon 90 days' notice to Blue Ridge Literacy. The Revocable License Agreement shall be in a form approved by the City Attorney. Authorize the City Manager to take such action and execute such documents as necessary to implement, administer, and enforce such Revocable License Agreement, with such documents approved as to form by the City Attorney. - - -- - - - --r;-C-f----- - - - - -- Rober . Co, Jr. City Manager Distribution: Council Appointed Officers W. Brent Robertson, Assistant City Manager for Community Development Sheila S. Umberger, Director of Libraries Laura M. Carini, Assistant City Attorney 2 REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF ROANOKE, VIRGINIA AND BLUE RIDGE LITERACY FOR SPACE AT THE MAIN LIBRARY This is a Revocable License Agreement (Agreement) given by the City of Roanoke, a Virginia municipal corporation (City) to Blue Ridge Literacy, 706 South Jefferson Street, Roanoke, Virginia 24016, a Virginia non - profit corporation (Operator) dated , 2020, in order to provide the Operator with space at the City's Main Library, 706 South Jefferson St., Roanoke, Virginia 24016, and is subject to the terms and conditions set forth below. Operator specifically agrees to the provisions set forth herein and that this License Agreement is revocable by the City in the City's sole discretion by the City giving the Operator ninety (90) days written notice of such revocation. The following are the terms and conditions of this License Agreement: 1. Grant of License. The City hereby grants to Operator a Revocable License (License) to use the Hospitality Room at the City's Main Library, 706 South Jefferson St., Roanoke, Virginia 24016, in order to provide the Operator business office space for its literacy program. Such area is referred to as the "Licensed Area." 2. Term of License. The term of this Agreement shall be for one (1) year, from , 2020, through , 2021, at which time it will terminate, unless sooner terminated pursuant to the terms of the Agreement or by law or unless extended as set forth herein at the option of the City. By mutual agreement of the parties, the Agreement may be renewed for up to four (4) additional one (1) year periods of any combination thereof. If either party wants to renew the Agreement that party shall give a written request to renew to the other party at least sixty (60) days of the expiration of the original term or any renewal term of the Agreement. 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 fifteen (15) days, the request to renew shall be deemed to be rejected, unless the parties mutually agree otherwise. All terms and conditions shall remain in force for the term of this Agreement and for any renewal period unless modified by mutual agreement of both parties. This License may be revoked by the City at any time, in the City's sole discretion, by the City giving the Operator ninety (90) days written notice of such revocation, except in the case of an emergency or for health or safety reasons, in which case the City may immediately revoke this License. All terms and conditions shall remain in force for the term of this Agreement and for any renewal period unless modified by mutual agreement of both parties. 1 3. Use of Licensed Area. Operator shall use the Licensed Area only for the purpose of conducting Blue Ridge Literacy activities as called for in this Agreement and subject to the terms and provisions of this Agreement. 4. Condition of Licensed Area. Operator acknowledges that Operator is solely responsible for having examined and investigated the Licensed Area to be sure the Licensed Area is suitable for the purposes that Operator intends to use the Licensed Area for, namely Blue Ridge Literacy activities. Operator will be solely responsible for making all such improvements necessary to use the Licensed Area for such purposes during the entire term of this Agreement. 5. Improvements to Licensed Area. Operator agrees that prior to Operator doing any work in the Licensed Area or any other improvements that Operator places in the Licensed Area, Operator will submit plans and drawings or a description of any such items to the City Director of General Services and any other required City official for review and approval and will not proceed with any such actions until such prior review and written approval has been obtained. 6. Compliance with Laws. Operator agrees to comply with all applicable city, state, and federal laws, ordinances, regulations, statutes, and codes, including all relevant zoning, building, environmental, and safety codes, in connection with any construction, maintenance, improvements, and /or operation of the Blue Ridge Literacy activities in the Licensed Area. 7. Maintenance of and Failure to Maintain Licensed Area. Operator shall be solely and fully responsible for setting up, maintaining, operating, and providing security during office hours at the Bullitt Avenue entrance, and otherwise being in charge of the Licensed Area so that the Operator can provide the Blue Ridge Literacy activities called for by this Agreement. However, should Operator fail to properly and timely maintain the Licensed Area and /or provide any of the other items as required by this Agreement, the City may provide for such maintenance and /or items and will be entitled to recover all of City's reasonable costs and expenses, including attorney's fees, from Operator and Operator agrees to pay all such monies to City within ten (10) days after demand for such from the City. The City will provide general cleaning services for the Licensed Area. F, 8. Utilities. Operator shall pay the charges for all the phone and internet services in connection with Blue Ridge Literacy activities. The City will pay the charges for water, sewer, heat, air conditioning, and electricity for the Licensed Area. 9. Return of Licensed Area. Operator agrees that upon the expiration and /or termination of this License Agreement, or any extensions thereof, that Operator will return the Licensed Area to the City in as good a condition as it was at the start of the License Agreement, ordinary wear excepted. However, Operator may remove, at Operator's sole expense any of Operator's temporary or personal property not permanently affixed to the Licensed Area provided it will not cause any damage to the Licensed Area, and Operator will repair, to the satisfaction of the City, any damages to the Licensed Area caused by any removal of such items. 10. Security. Operator agrees to be responsible for provision of security for the Licensed Area. This includes such measures as may be needed. 11. No Damage to Licensed Area. Operator agrees not to and shall not commit or permit any act which results in any wasting or damage to the Licensed Area. Should any such waste or damage occur, the Operator will repair and /or replace all damaged items or areas to the satisfaction of the City, or, at the City's option, pay the City the reasonable cost of the City having such work performed. 12. Responsibility for Licensed Area. Operator agrees that Operator shall be responsible for any and all damages to the Licensed Area due to Operator's use and /or for any and all other claims arising from such use and /or Operator's actions or omissions, including, but not limited to, any damages to Licensed Area, any loss of personal property, any personal injuries, and any other injuries or damages of any type. 13. Protection of Licensed Area. Operator agrees that if Operator breaches any of the provisions of this License Agreement, the City may take any actions necessary to protect and /or maintain the 3 Licensed Area and that Operator will pay the City all damages, costs, and expenses, including attorney's fees, incurred by the City for such actions. 14. Risk of Loss. Notwithstanding anything herein to the contrary, Operator shall bear the risk of any loss of, or damage to, the Licensed Area and /or any goods and items in the Licensed Area during the term of this License Agreement. Also, notwithstanding anything herein to the contrary, City shall not be liable for any direct, consequential, incidental, or any other damages incurred by Operator due to any malfunction, theft, vandalism, acts of God (including, without limitation, lightning, wind, rain, flood, hail, fire or storms) lack of electricity, lack of air conditioning, lack of heat, or any other damages resulting from any reason whatever to the Licensed Area or arising out of or resulting from any use of the Licensed Area by the Operator. 15. Insurance. Operator, and any of its contractors, agents, or representatives doing any work or providing any services on or in connection with the Licensed Area, shall obtain and maintain during the life of this License Agreement, including any extensions, the following insurance coverages and provide the requirements set forth hereinafter for such coverage: A. The Operator shall procure and keep in force during the term of this License Agreement insurance for the Licensed Area and Operator as follows: 1. Commercial General Liability insurance with minimum limits of $1,000,000.00 each occurrence, $1,000,000.00 aggregate. These limits may be achieved through the use of an umbrella policy which states by endorsement it follows the form of the primary coverage. 2. Automobile liability for any auto, hired autos, owned, and non -owned autos of $1,000,000.00 minimum limit. 3. The above limit amounts may be following the form of the underlying $1,000,000.00. net by an umbrella liability policy coverage in a minimum amount of 4. Workers' Compensation and Employer's Liability: a. Workers' Compensation: If applicable, statutory coverage for Virginia, and shall contain a waiver of subrogation in favor of the City of Roanoke, its officers, agents and employees, and an endorsement from the insurer to this effect shall be received by 4 City's Risk Manager before the start of the interim transition activities by Operator. b. Employer's Liability: 1. $100,000 - Bodily injury by accident each occurrence. 2. $500,000 - Bodily injury by Disease Policy Limit. 3. $100,000 - Bodily Injury by Disease each employee. 5. Property coverage to protect any goods or items in the Licensed Area. 16. Evidence Of Insurance. All Insurance shall meet the following requirements: A. Operator shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies, and the location of Licensed Area(s). B. The Operator shall immediately notify the City in writing if any of the insurance policies or coverages required 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 of Roanoke, 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 of Roanoke within thirty (30) days of the date of this Agreement. D. Where waiver of subrogation is required with respect to any policy of insurance required under this Agreement, such waiver shall be specified on the certificate of insurance. E. Insurance coverage shall be on an occurrence basis unless otherwise permitted by the City's Risk Manager and 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 License Agreement shall be authorized to do business in the Commonwealth of Virginia. 17. Entry on the Property by the City. The City shall have the right to enter the Licensed Area for the purpose of inspection and to access the loading dock at any reasonable time or times during the term of this 5 License Agreement, provided however, that such inspections shall not unreasonably interfere with the Operator's use and occupancy of the Licensed Area. 18. City's Limitation of Liability. The City shall not be responsible for any defect or change in the condition of the Licensed Area arising from Operator's occupation and /or use of the Licensed Area, or for any resulting damage or injury to any person or property occurring in the Licensed Area or for any damages or loss of any of the items in the Licensed Area arising from Operator's occupation and /or use of the Licensed Area. 19. Signs. Operator shall have no right to install or erect in the Licensed Area any signs, antennas or other equipment or device without the prior written consent of City, which consent shall not be unreasonably withheld. 20. Rights Cumulative. All rights, powers, and privileges conferred hereunder to the City to enforce this License Agreement shall be cumulative, and are in addition to and not restrictive to those given by law. 21. Payments to Others by Operator. The Operator agrees that Operator will comply with the requirements of Section 2.2- 4354 of the Virginia Code regarding Operator's payment to other entities and the Operator will take one of the two actions permitted therein within seven (7) days after receipt of amounts paid to Operator by the City. Operator further agrees that the Operator shall indemnify and hold the City harmless for any lawful claims resulting from the failure of the Operator to make prompt payments to all persons supplying the Operator equipment, labor, tools, or material in connection with the work provided for in the Agreement. In the event of such claims, the City may, in the City's sole discretion, after providing written notice to the Operator, 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 Agreement and make such payment, if the City determines it to be appropriate to do so. 22. Hold Harmless and Indemnity. Operator 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 Operator's or its employees, agents, or subcontractors actions, activities, or omissions, negligent or otherwise, on or near City's property or arising in M any way out of or resulting from any of the work or items to be provided under this Agreement, 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. Operator 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 Agreement. 23. Compliance with Laws and Regulations, and Immigration Law. Operator 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. Operator further agrees that Operator does not and shall not during the performance of its Agreement; knowingly employ an unauthorized alien as defined in the Federal Immigration Reform & Control Act of 1986. 24. Forum Selection and Choice of Law. This Agreement 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 Agreement 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 Agreement voluntarily submit themselves to the jurisdiction and venue of such courts, regardless of the actual location of such parties. The provisions of this Agreement 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 Agreement. 25. Severability. If any provision of this Agreement, 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 Agreement shall not be affected and all other terms and conditions of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 7 26. Nondiscrimination. A. During the performance of this Agreement, Operator agrees as follows: i. Operator 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 Operator. Operator agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ii. Operator in all solicitations or advertisements for employees placed by or on behalf of Operator will state that Operator 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. Operator 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. 27. Drug -Free Workplace. A. During the performance of this Agreement, Operator agrees to (i) provide a drug free workplace for Operator'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 Operator that Operator maintains a drug free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. B. For the purposes of this section, "drug free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. E:j 28. Faith Based Organizations. Pursuant to Virginia Code Section 2.2- 4343.1 be advised that the City does not discriminate against faith -based organizations. 29. Assignment. Operator may not assign or transfer this Agreement 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 Operator from any of the covenants or undertakings contained in this Agreement and the Operator shall remain liable for the Agreement during the entire term thereof. 30. Contractual Disputes. Contractual claims, whether for money or for other relief, shall be submitted, in writing, no later than sixty (60) days after termination of the Agreement. However, written notice of the Operator'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 Operator. 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 Operator 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 Operator's claim. The decision of the City Manager shall be final and conclusive unless the Operator 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 Operator 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 Operator'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 Agreement. 31. Successors and Assigns. The terms, conditions, provisions, and undertakings of this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. 9 32. Headings. The captions and headings in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning and interpretation of this Agreement. 33. Counterpart Copies. This Agreement 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. 34. Authority To Sign. The persons who have executed this Agreement represent and warrant that they are duly authorized to execute this Agreement on behalf of the party for whom they are signing. 35. 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: Roanoke Public Library Sheila S. Umberger, Director of Libraries 706 S. Jefferson Street Roanoke, Virginia 24016 Copy to: 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 If to Operator: Blue Ridge Literacy Attn: Ahoo Salem, Ph.D., Executive Director 706 South Jefferson Street Roanoke, Virginia 24016 540 - 265 -9339 10 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. 36. 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 Agreement. 37 Entire Agreement. This Agreement, including any attachments, exhibits, and referenced documents, constitutes the complete understanding between the parties. This Agreement may be modified only by written agreement properly executed by the parties. SIGNATURE PAGE TO FOLLOW. 11 IN WITNESS WHEREOF, the parties hereto have signed this Agreement by their authorized representatives. WITNESS: Printed Name and Title (SEAL) WITNESS: Printed Name and Title Approved as to form: Assistant City Attorney Approved as to Execution: Assistant City Attorney 12 BLUE RIDGE LITERACY Ahoo Salem, Ph.D., Executive Director CITY OF ROANOKE, VIRGINIA Printed Name and Title IN THE COUNCIL OF CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41882- 092120. AN ORDINANCE accepting the proposal of Evergreen Development Co., Inc., and the Historical Society of Western Virginia (Proponents) for the disposition of the Lee Monument; authorizing the transfer of the Lee Monument to the Proponents; authorizing the City Manager to take all actions necessary to implement, effectuate, administer, this ordinance; and dispensing with the second reading of this ordinance by title. WHEREAS, in accordance with State Code Sections 15.2 -1812 (A) and (B), City Council adopted Resolution No. 41794 - 070620 on July 6, 2020, to express the intent of City Council to remove "an upright granite marker, not under six feet in height, on the western end of the Robert E. Lee Plaza, facing 3rd Street, S.W., as a memorial to General Robert E. Lee" (Lee Monument)" from public property of the City of Roanoke situated at the 200 Block of Church Avenue, S.W., Roanoke, Virginia, Official Tax Map No. 1012104, named and identified as General Robert E. Lee Plaza, also known as Lee Plaza (Lee Plaza); WHEREAS, City Council adopted Ordinance No. 41847- 081720 on August 17, 2020 to authorize the removal of the Lee Monument from Lee Plaza; WHEREAS, pursuant to Ordinance No. 41847- 081729, City Council directed the City Manager "to implement the procedures set forth in the Act with respect to Section 15.2 -1812 (B) and offer the Lee Monument to any museum, historical society, government, or military battlefield for a period of 30 days following entry of this Ordinance, " and "[i]n the event that a museum, historical society, government, or battlefield is willing to accept the Lee Monument, the City Manager shall present such proposal to City Council for review and approval;" WHEREAS, pursuant to Ordinance No. 41847 - 081720, City Council directed the City Manager to present his recommendation to City Council for review and approval if no museum, historical society, government, or military battlefield is willing to accept the Lee Monument; WHEREAS, the Proponents submitted a proposal dated August 26, 2020 (Proposal), a copy of which Proposal is attached to the City Council Agenda Report dated September 21, 2020, in which the Proponents expressed their willingness to accept the Lee Monument and display the Lee Monument at Evergreen Burial Park, 1307 Summit Avenue, S. W., Roanoke, Virginia; and WHEREAS, the City Manager recommends that the City accept the Proposal and transfer the Lee Monument to the Proponents in accordance with the Proposal, all as more particularly set forth in the City Council Agenda Report dated September 21, 2020. NOW, THEREFORE, BE IT ORDAINDED by the Council of the City of Roanoke as follows: 1. The City Council accepts the Proposal for the transfer of the Lee Monument to the Proponents as set forth in the Proposal as recommended by the City Manager in the City Council Agenda report dated September 21, 2020. 2. The City Manager is authorized to transfer the Lee Monument to the Proponents as set forth in the Proposal. 3. The City Manager is further authorized to take all actions necessary to implement, effectuate, and administer this ordinance. 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: J-- WV-01- City Clerk. r„ CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 21, 2020 Subject: Disposition of Lee Monument Background On August 17, 2020, following the procedures set forth in State Code Sections 15.2 -1812 (A) and (B), City Council adopted Ordinance No. 41847 - 081720 (Ordinance) to authorize the removal of the Lee Monument situated in Lee Plaza, 200 Block of Church Avenue, S.W., in Roanoke, Virginia. The Ordinance specifically directed "the City Manager to implement the procedures set forth in the Act with respect to Section 15.2-1812 (B) and offer the Lee Monument to any museum, historical society, government, or military battlefield for a period of 30 days following entry of this Ordinance." Following this directive, the City Manager posted the following notice on the City web page and in social media: City Council has authorized the removal of the Lee Monument from Lee Plaza. Any museum, historical society, military battlefield, or government may make proposals to acquire the Lee Monument. All proposals should be in writing and sent to the City Manager at citymanager @roanokeva.gov or City Manager, Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Room 364, Roanoke, Virginia 24011. All proposals must be received by 5:00pm, local time, on September 18, 2020. Please contact the City Attorney at 540.853.5238 or daniel.cal lag han@roanokeva.gov or the City Manager at bob.cowell @roanokeva.gov or 540.853.2999, if you have questions. The Ordinance also provided that "[i]n the event that a museum, historical society, government, or battlefield is willing to accept the Lee Monument, the City Manager shall present such proposal to City Council for review and approval. In the event that no museum, historical society, government, or military battlefield is willing to accept the Lee Monument, then the City Manager shall submit his recommendation for removal and final disposition of the Lee Monument to City Council for review and approval by City Council." Considerations The City Manager received one proposal for the disposition of the Lee Monument from Donald E. Wilson, President of Evergreen Development Co., Inc., operator of Evergreen Burial Park, and F. Anderson Stone, President of the Historical Society of Western Virginia (Proponents). A copy of the proposal is attached (Proposal). During this period, the City contacted the Virginia / registered agent for the United Daughters of the Confederacy and provided information on the process. The United Daughters of the Confederacy have not submitted any proposal. Under the Proposal, the Proponents request that the City remove, at the City's expense, the base and pedestal of the Lee Monument remaining in Lee Plaza and deliver these segments, along with the two segments of the Lee Monument currently in storage at the City's Public Works facility, to Evergreen Burial Park situated at 1307 Summit Avenue, S.W., Roanoke, Virginia. Recommendation Adopt the attached ordinance to authorize the City Manager to accept the Proposal and authorize the City Manager to transfer the Lee Monument to the Proponent 7ith the terms and conditions of the Proposal. Robert S. Cowell, .Jr., City Manager CC. Council Appointed Officers Sherman M. Stovall, Deputy City Manager W. Brent Robertson, Assistant City Manager for Community Development Michael Clark, Director of Parks and Recreation Mark D. Jamison, Director of Public Works 2 *t4ffl Committed to Everlasting Care August 26, 2020 Mr. Bob Cowell City Manager City of Roanoke Noel C. Taylor Municipal Building Room 364 215 Church Avenue SW Roanoke, Virginia 24011 Re: Robert E. Lee Monument Dear Mr. Cowell: Evergreen Burial Park and the Historical Society of Western Virginia would like to propose that the City of Roanoke relocate the Lee Monument from its present location in Lee Plaza to Evergreen Burial Park located at 1307 Summit Avenue SW in Roanoke. We believe Evergreen Burial Park would be an excellent and appropriate home for the obelisk dedicated to Robert E. Lee. Evergreen Burial Park is located in the heart of the City of Roanoke and was opened in 1916. We know of at least 60 Confederate veterans and one Union veteran who are interred here, along with Governor Almond and numerous mayors of Roanoke, including Williams Pierce Hunter who earlier was the City's first City Manager. There is already one UDC marker in the cemetery and we feel that the Lee Monument would be well suited at a location close to our Shuttle Challenger Flagpole near the east gate entrance. Important figures from the history of Roanoke and Virginia are buried at Evergreen and this led us long ago to start conducting historic walking tours of the grounds and to create a map of the historic graves in the cemetery. We take seriously our role in preserving and recounting the history of our residents and our region. We already discuss the Civil War and its impact during our tours and adding the Lee Monument will allow us to educate the public on just who Robert E. Lee was and the circumstances surrounding the erection of this obelisk in his honor in downtown Roanoke. Our staff will provide perpetual care to the Lee Monument and the public is welcome to visit it. We are open daily and we are accessible by public transportation. EVERGREEN BURIAL PA2K • MOUNTAIN VIEW CEMETERY • FOREST REST NATURAL. CEMETERY • MOUNTAIN VIEW MEMORIAL PARK • GREEN HILL MAUSOLEUM ROANOKE, VA VINTON, VA BOONES MILL, Vii BOONES MILL, N/A BUENA VISTA, VA &4e n ei en MEMORIAL TRUST We have the equipment necessary to install and erect the Lee Monument at Evergreen. Our employees are experienced in handling stone objects of that size and weight. We do ask that the City of Roanoke remove the two remaining pieces of the base at Lee Plaza and deliver them to us, along with the two pieces recently removed, at a date and time to be mutually agreed. Please let us know if you have any questions or concerns about our proposal. President Evergreen Development Co., Inc. 1307 Summit Avenue, SW Roanoke, VA 24015 540.342.2593 540.342.4396 Fax dwilson @ever ,areenmemorialtrust.com F: Anderson Stone, President Historical Society of Western Virginia Board of Directors 101 Shenandoah Avenue, NE Roanoke, VA 24016 540.915.8111 astone-43@cox.net EVERGREEN BURIAL PARK • MOUNTAIN VIEW CEMETERY • FOREST REST NATURAL CEMETERY • MOUNTAIN VIEW MEMORIAL PARK - GREEN HILL MAUSOLEUM ROANOKE, VA VINTON, VA BOONES MILL, VA BOONES MILL, Vii BUENA VISTA, VA Mayor and City Council Statement Roanoke, Virginia Message to Our Community Roanoke City Council wants our citizens to know that we fully understand that they have serious differences of opinion on many issues of importance to them. We support everyone's right to assemble and protest in a peaceful and lawful manner. We are confident that Chief Sam Roman and the officers of the Roanoke Police Department will cooperate with any person or group who exercise their First Amendment rights to demonstrate or protest and will work to keep everyone safe while preventing violence and vandalism that would undermine the intended messages. Our Police Department remains strongly committed to expanding and enhancing its community policing efforts while continuing to strengthen positive relationships with all our residents. Message to Our Police Department We want our officers and command staff to know that we fully support the Roanoke Police Department. We know that you take your pledge to protect and serve seriously and that you have chosen a difficult and often dangerous profession because you care about our community. We have set high standards for your performance, and we are confident in your abilities to meet our expectations and restrict the use of force to the minimum level necessary to protect the community and yourselves. We appreciate your Community Outreach efforts through programs such as RPD Reads, RPD Homework Helpers, Art with a Cop, Summer Lunch, the Lea Youth Outdoor Basketball League, and so much more. We are committed to working with you to maintain your excellent reputation and accomplishments. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41883- 092120. AN ORDINANCE to appropriate funding from the Commonwealth, federal and private grant for various educational programs, amending and reordaining certain sections of the 2020 -2021 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 2020 -2021 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: APPROPRIATIONS Teachers Program Coordinator /Site Manager Activity Assistants Social Security Medical /Dental Professional Contracted Services Professional Transportation Miscellaneous Other Educational & Recreational Supplies Personal Services Benefits Professional Services Professional Tuition Travel Mileage Travel Conventions /Education Materials & Supplies Personal Services Benefits Professional Development Professional Purchased Services Travel Instructional Material Teachers Program Coordinator /Site Manager Activity Assistants Social Security Medical /Dental Professional Contracted Services Professional Transportation Miscellaneous Other Educational & Recreational Supplies 302- 110- 1102- 0300- 123Q - 61100- 41121 - 2- 05 $ 39, 780.00 302- 110- 1102- 0300- 123Q - 61100- 41124- 2- 05 37, 715.00 302- 110- 1102- 0300- 123Q - 61100- 41141 - 2- 05 27,840.00 302- 110- 1102- 0300- 123Q - 61100- 42201 - 2- 05 14,620.00 302- 110- 1102- 0300- 123Q - 61100- 42204- 2- 05 2,500.00 302- 110- 1102- 0300- 123Q - 61100- 43313- 2- 05 35,990.00 302- 110- 1102- 0300- 123Q - 61100- 43343- 2- 05 20,400.00 302- 110- 1102- 0300- 123Q - 61100- 45586- 2- 05 2,229.00 302- 110- 1102- 0300- 123Q - 61100- 46614- 2- 05 7,600.00 302- 110- 0000- 0000 - 135Q - 61100- 41121 - 2- 01 476,439.00 302- 110- 0000- 0000 - 135Q - 61100- 42204- 2- 01 260,309.30 302- 110- 0000- 1000- 135Q - 61310- 43313- 9- 00 79, 780.77 302- 110- 0000- 1000- 135Q - 61310- 43382- 0- 00 40,000.00 302- 110- 0000- 0410- 135Q - 61310- 45551 - 2- 00 2,000.00 302- 110- 0000- 1000- 135Q - 61310- 45554- 0- 00 9,950.13 302- 110- 0000- 1000- 135Q - 61310- 46601 - 9- 00 12,200.00 302- 110- 0000- o000- 138Q - 61100- 41138- 9- 01 95, 901.00 302- 110- 0000- o000- 138Q - 61100- 42201 - 9- 01 14, 994.00 302- 110- 0000- 1000- 138Q - 61100- 43313- 9- 01 29, 800.00 302- 110- 0000- 1000- 138Q - 61100- 43381 - 9- 01 279,141.79 302- 110- 0000- 1000- 138Q - 61310- 45551 - 9- 00 18, 900.00 302- 110- 0000- 0000- 138Q - 61100- 46630- 9- 01 102,068.93 302- 110- 1102- 0280- 139Q - 61100- 41121 - 3- 05 31, 950.00 302- 110- 1102- 0280- 139Q - 61100- 41124- 3- 05 37, 715.00 302- 110- 1102- 0280- 139Q - 61100- 41141 - 3- 05 29,160.00 302- 110- 1102- 0280- 139Q - 61100- 42201 - 3- 05 14,122.00 302- 110- 1102- 0280- 139Q - 61100- 42204- 3- 05 2,500.00 302- 110- 1102- 0280- 139Q - 61100- 43313- 3- 05 38, 639.00 302- 110- 1102- 0280- 139Q - 61100- 43343- 3- 05 27, 710.00 302- 110- 1102- 0280- 139Q - 61100- 45586- 3- 05 1,966.00 302- 110- 1102- 0280- 139Q - 61100- 46614- 3- 05 5,900.00 Teachers Program Coordinator /Site Manager 302- 302- 110- 1102- 0340- 149Q - 61100- 41121 - 2- 05 36,900.00 Activity Assistants 110- 1102- 0340- 149Q - 61100- 41124- 2- 05 37,715.00 Social Security 302- 110- 1102- 0340- 149Q - 61100- 41141 - 2- 05 33,420.00 Medical /Dental 302- 110- 1102- 0340- 149Q - 61100- 42201 - 2- 05 14,827.00 Professional Contracted Services 302- 302- 110- 1102- 0340- 149Q - 61100- 42204- 2- 05 2,500.00 Professional Transportation 110- 1102- 0340- 149Q - 61100- 43313- 2- 05 36,102.00 Miscellaneous Other 302- 110- 1102- 0340- 149Q - 61100- 43343- 2- 05 20,400.00 Educational & Recreational Supplies 302- 302- 110- 110- 1102- 0340- 149Q - 61100- 45586- 2- 05 1,666.00 Teachers 1102- 0340- 149Q - 61100- 46614- 2- 05 6,450.00 Program Coordinator /Site Manager 302- 302- 110- 110- 1102- 0350- 142Q - 61100- 41121 - 2- 05 32,670.00 Activity Assistants 302- 110- 1102- 1102- 0350- 0350- 142Q - 61100- 41124- 2- 05 37,715.00 Social Security 302- 110- 1102- 0350- 142Q - 142Q - 61100- 61100- 41141- 42201 - 2- 05 2- 05 29,340.00 Medical /Dental 302- 110- 1102- 0350- 142Q - 61100- 42204- 2- 05 14,190.00 2,500.00 Professional Contracted Services 302- 110- 1102- 0350- 142Q - 61100- 43313- 2- 05 37,840.00 Professional Transportation 302- 110- 1102- 0350- 142Q - 61100- 43343- 2- 05 26,770.00 Miscellaneous Other 302- 110- 1102- 0350- 142Q - 61100- 45586- 2- 05 2,239.00 Educational & Recreational Supplies 302- 110- 1102- 0350- 142Q - 61100- 46614- 2- 05 6,450.00 Supplement Social Security 302- 110- 0000 - 0000- 177Q - 61100- 41129- 9- 01 237,700.00 Other Professional Services 302- 110- 0000 - 0000- 177Q - 61100- 42201- 9- 01 18,595.74 Transportation 302- 110- 0000 - 0000- 177Q - 61100- 43313- 9- 01 450,000.00 Internal Printing 302- 110- 0000 - 0000- 177Q - 63200- 43343- 9- 01 3,600,000.00 Telecommunications 302- 110- 0000 - 0000- 177Q - 62180- 44450- 9- 01 60,000.00 Instructional Supplies 302- 110- 0000 - 0000- 177Q - 68100- 45501 - 9- 01 305,000.00 Other Operating Supplies 302- 110- 0000 - 0000- 177Q - 61100- 46614- 9- 01 307,500.00 Non - Capital Tech Hardware 302- 110- 000o_ 0000- 177Q - 64100- 46615- 9- 01 281,480.00 302- 110- 0000 - 0000- 177Q - 68200- 46650- 9- 01 580,192.00 REVENUE Federal Grant Receipts 302- 000- 0000 - 0000- 177Q - 00000- 38000- 0- 00 $ 5,840,467.74 Federal Grant Receipts 302- 000- 0000 - 0340- 149Q - 00000- 38287- 0- 00 189,980.00 Federal Grant Receipts 302- 000- 000o_ 0350- 142Q - 00000- 38287- 0- 00 189,714.00 Federal Grant Receipts 302- 000- 0000 - 0000- 138Q - 00000- 38186- 0- 00 540,805.72 Federal Grant Receipts 302- 000- 0000 - 0000- 139Q - 00000- 38287- 0- 00 189,662.00 Federal Grant Receipts 302- 000- 0000 - 0000- 135Q - 00000- 38367- 0- 00 880,679.20 Federal Grant Receipts 302- 000- 0000 - 0000- 1230- 00000- 38287- 0- 00 188,674.00 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 Clerk September 21, 2020 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, September 8, 2020, the Board respectfully requests that City Council approve the following appropriation request: New Appropriation Award Title IV -B Garden City Elementary School Community Learning Center 2020 -21 $188,674.00 Title II, Part A, Improving Teacher Quality 2020 -21 $880,679.20 Title IV, Part A, Student Support and Academic Enrichment 2020 -21 Title IV -B Lucy Addison Middle School Community Learning $540,805.72 Center 2020 -21 $189,662.00 Title IV -B Westside Elementary School Community Learning Center 2020 -21 $189,714.00 Title IV -B Lincoln Terrace Elementary School Community Learning Center 2020 -21 $189,980.00 Coronavirus Aid, Relief, and Economic Security (CARES) Act Elementary and Secondary School Emergency Relief (ESSER) Fund 2020 -21 $5,840,467.14 On behalf of the School Board, thank you for your consideration. Sincerely, Cindy H. Poulton, Clerk pc: Dan Callaghan Verletta B. White Bob Cowell Kathleen Jackson Amelia Merchant Mary Talley (w /details) Lutheria H. Smith L�C�J ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schools. Strong City. School Board Lutheria H. Smith Chair Dr. Eli C. S. Jamison Vice Chair Mark K. Cathey Laura D. Rottenborn Natasha N. Saunders Joyce W. Watkins Dick Willis Verletta B. White Superintendent Cindy H. Poulton Clerk of the Board www.rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 21, 2020 Subject: School Board Appropriation Request Background: As the result of official Roanoke City School Board action at its September 15, 2020 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The 21't Century Community Learning Center grant (Year one of a possible three year award) supports the development of the Garden City elementary school Community Learning Center (CLC) in an effort to address the critical attendance, academic, and parental involvement needs of the school in a safe, supervised, and nurturing environment. The Garden City CLC is designed to provide significant expanded learning opportunities after school and during the summer that contribute to reducing violence and drug use while assisting students to meet or exceed local and state standards in core academic subjects. The program will be fully reimbursed by federal funds and will end September 30, 2021. This is a continuing program. The 2020 -21 Title 11, Part A, Improving Teacher Quality grant was awarded to Roanoke City Public Schools from federal funding for preparing, training and recruiting high - quality teachers and principals that are capable of ensuring all children are prepared to achieve high standards. The grant period will end September 30, 2022. This is a continuing program. The 2020 -21 Title IV, Part A, Student Support and Academic Enrichment Federal Programs grant provides federal assistance to Roanoke City Public Schools for improving students' academic achievement. The program aids in increasing the capacity of the school division to provide all students with access to a well- rounded education, to improve school conditions for student learning, and to enhance the use of technology in order to improve the academic achievement and digital literacy of all students. The grant period will end September 30, 2022. This is a continuing program. The 21" Century Community Learning Center grant (Year one of a possible three year award) supports the development of the Lucy Addison Middle School Community Learning Center (CLC) in an effort to address the critical attendance, academic, and parental involvement needs of the school in a safe, supervised, and nurturing environment. The Lucy Addison CLC is designed to provide significantly expanded learning opportunities after school and during the summer that contribute to reducing violence and drug use while assisting students to meet or exceed local and state standard in core academic subjects. The program will be fully reimbursed by federal funds and will end September 30, 2021. This is a continuing program. The 215` Century Community Learning Center grant (Year one of a possible three year award) supports the development of the Westside Elementary School Community Learning Center (CLC) in an effort to address the critical attendance, academic, and parental involvement needs of the school in a safe, supervised, and nurturing environment. The Westside CLC is designed to provide significant expanded learning opportunities after school and during the summer that contribute to reducing violence and drug use while assisting students to meet or exceed local and state standards in core academic subjects. The program will be fully reimbursed by federal funds and will end September 30, 2021. This is a continuing program. The 2151 Century Community Learning Center grant (Year one of a possible three year award) supports the development of the Lincoln Terrace Elementary School Community Learning Center (CLC) in an effort to address the critical attendance, academic, and parental involvement needs of the school in a safe, supervised, and nurturing environment. The Lincoln Terrace CLC is designed to provide significant expanded learning opportunities after school and during the summer that contribute to reducing violence and drug use while assisting students to meet or exceed local and state standards in core academic subjects. The program will be fully reimbursed by federal funds and will end September 30, 2021. This is a continuing program. The 2020 -21 Coronavirus Aid, Relief, and Economic Security (CARES) Act Elementary and Secondary School Emergency Relief (ESSER) Fund, provides emergency relief funds for addressing the impact of the coronavirus pandemic on elementary and secondary schools in Virginia. The program will be fully reimbursed by federal funds and will end September 30, 2022. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached budget ordinance to establish revenue estimates and to appropriate funding as outlined, Robert 5- -'Cowell, Jr. City Manager Distribution: Council Appointed Officers Verletta White, Superintendent, RCPS Dan Lyons, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS Amelia C. Merchant, Director of Finance 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41884 - 092120. A RESOLUTION directing the City Attorney to petition the Circuit Court to issue an order confirming that the remaining members of City Council for the City of Roanoke are authorized to appoint a qualified voter from the City at large within 45 days of the office becoming vacant to fill the council seat vacated by Djuna L. Osborne for the remaining portion of her unexpired term through December 31, 2022; as provided in §4, Charter of the City of Roanoke, and Virginia Code §24.2 -226. WHEREAS, Djuna L. Osborne resigned from City Council effective September 16, 2020 ( "Date of Resignation "); WHEREAS, Ms. Osborne's term of office would have expired December 31, 2022; WHEREAS, Virginia Code §24.2 -226A, states that upon receipt of the petition, the court "shall order the special election to be held on the date of the next general election in November." Virginia Code §24.2 -226A also provides that unless "the vacancy occurs within 90 days of the next general election and the governing body ... has not requested in its petition a different date for the election the special election shall be held on the date of the second such general election;" WHEREAS, Ms. Osborne's Date of Resignation is within the 90 days prior to the November 3, 2020, general election; WHEREAS, based on the foregoing, and in the absence of action by City Council, the next general election for Ms. Osborne's council seat would be on November 8, 2022; WHEREAS, Virginia Code §24.2 -226C provides that no special election would be held if the date of the special election would be scheduled in the year the term of office expires and the council seat vacated by Ms. Osborne expires on December 31, 2022; and WHEREAS, the remaining members of Council are desirous of filling Ms. Osborne's vacancy for the balance of her term in accordance with §4 of the City Charter and Virginia Code §24.2 -228. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Council hereby directs the City Attorney to file a Petition for Writ of Special Election with the Circuit Court asking that the Court issue an order confirming that the remaining members of City Council for the City of Roanoke are authorized to appoint a qualified voter from the City at large within 45 days of the office becoming vacant to fill the council seat vacated by Djuna L. Osborne for the remainder of her unexpired term ending December 31, 2022, in accordance with §4, Charter of the City of Roanoke, and Virginia Code § §24.2 -226 and 24.2 -228. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41885 - 092120. A RESOLUTION establishing a procedure and process for the appointment to City Council to fill the vacancy created by the resignation of Djuna L. Osborne. WHEREAS, Djuna L. Osborne resigned as a Member of City Council effective September 16, 2020, at 5:00 p.m.; WHEREAS, under applicable provisions of City Charter and State Code, City Council may either (i) petition the Circuit Court to set a special election to fill the vacancy, or (ii) fill the vacancy for the balance of the term of office for Ms. Osborne through December 31, 2022; WHEREAS, a special election cannot be held at the general election on November 3, 2020, City Council has decided to appoint a replacement for the balance of Ms. Osborne's term; and WHEREAS, City Council desires to establish a procedure and process for such appointment through the engagement and participation of the public in making this appointment. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council will solicit applications from interested individuals who are residents of the City of Roanoke and are eligible to vote within the City. Applications shall be in the form of a written statement of interest that includes the applicant's full name, physical place of residence within the City of Roanoke, and the identity of the voter precinct within the City of Roanoke at which the applicant votes. All statements of interest shall be submitted in hand to the City Clerk or submitted by email by October 1, 2020 at 4:00 p.m. The statement of interest shall also provide that the applicant will participate at interviews before City Council on October 5, 2020, if selected by City Council for an interview. 2. The City Clerk shall announce the names of all applicants on Friday, October 2, 2020 at 10:00 a.m. by written notice through the City's media alert and social media platforms. The City Clerk shall also post the names of all applicants on the City Council webpage. 3. On October 5, 2020, at 2:00 p.m., or as soon thereafter as the matter may be considered, City Council will announce the applicants selected for interviews. On October 5, 2020, at 3:00 p.m., or as soon thereafter as the matter may be reached, City Council will conduct public interviews of the applicants selected for interviews. The public is invited to submit proposed questions for the applicants by filing proposed written questions in the Office of the City Clerk by 12:00 Noon, on October 5, 2020. Questions will be asked by Council Members only and Council Members may ask any such questions as, in its discretion, it deems advisable. 4. On October 5, 2020, at 7:00 p.m., or as soon thereafter as the matter may be reached, Council will hold a public hearing to hear the views of citizens on the applicants who were interviewed. The public hearing will be held in the City Council Chambers, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. 5. City Council will make the appointment during the 2:00 p.m. session of City Council on Monday, October 19, 2020. 6. City Council directs the City Clerk and the City Attorney to provide public notice of this procedure and process by advertisement in block ad form in the Virginia Section of The Roanoke Times on Thursday, September 24, 2020. This notice shall also be posted on the City's website, social media platforms, and media alerts. ATTEST: City Clerk. CECELIA F. MCCOY, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke.. Virginia 24011 -1536 Telephone: 0401853 -2541 Fax: 15401453 -1145 E -mail: cterk(ci roanokeka.vo� September 23, 2020 Timothy R. Spencer Senior Assistant City Attorney Roanoke, Virginia Dear Mr. Spencer: CECELIA T WEBB, CMC Deputy City Clerk I am attaching copy of Resolution No. 41886- 092120 electing and appointing Timothy R. Spencer as City Attorney for the City of Roanoke, effective October 1, 2020, and ratifying the terms and conditions of employment offered to Mr. Spencer. 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, September 21, 2020. Sincerely, 0y J �7 /c "= COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) I, Cecelia F. McCoy, 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 twenty -first day of September 2020, TIMOTHY R. SPENCER was appointed as City Attorney of the City of Roanoke, effective October 1, 2020, for a term which shall expire September 30, 2022. Given under my hand and the Seal of the City of Roanoke this twenty -third day of September 2020. City Clerk �\Pl� Ili IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41886 - 092120. A RESOLUTION electing and appointing Timothy R. Spencer as City Attorney for the City of Roanoke effective October 1, 2020, and ratifying the terms and conditions of employment offered to Mr. Spencer. WHEREAS, the City Council desires to elect and appoint Timothy R. Spencer as City Attorney for the City of Roanoke pursuant to the Roanoke Charter of 1952 effective October 1, 2020; and WHEREAS, Timothy R. Spencer has agreed to accept election and appointment as City Attorney effective October 1, 2020; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Timothy R. Spencer is hereby elected and appointed City Attorney effective October 1, 2020, for a term which shall expire September 30, 2022. 2. The terms and conditions of Mr. Spencer's election and appointment as City Attorney shall be as hereinafter set forth: (a) The annual salary shall be $162,000 payable bi- weekly; (b) The City shall pay on behalf of Mr. Spencer as deferred compensation the sum of $2,000 each quarter to the City's deferred compensation plan for Mr. Spencer's participation in said deferred compensation plan, and the City shall execute any necessary agreements to provide for such payment. During the first year of employment, such amount shall be prorated based on the number of weeks actually worked. (c) Mr. Spencer will be eligible, as a full time employee, to participate in the Roanoke Pension Plan in accordance with the terms of that plan; (d) Recognizing that the job requirements of City Attorney routinely require incurring of travel related expenses in the course of City business, an annual salary increment of $2,500 shall be provided for use by Mr. Spencer of a privately -owned or leased automobile in the conduct of official City business; (e) Mr. Spencer has been an employee of the City and he shall continue to accrue paid leave in accordance with City policy. Use of paid leave will be in accordance with City policy; (f) Mr. Spencer shall continue accrue extended illness leave at a rate of six (6) hours per month and such extended illness leave may be used in accordance with City policy; (g) Mr. Spencer will be eligible, as a full time employee, to participate in the City's group medical and dental plan. The City shall pay the employer's portion of the premium; (h) The City will put into force on Mr. Spencer's behalf a disability insurance policy consistent with that available to the City Manager and other Council appointed officers; (i) Under the City's group life insurance policies, Mr. Spencer will be provided base coverage equal to two times his annual salary and coverage for accidental death equal to four times his annual salary; (j) The City will reimburse Mr. Spencer or the City will pay directly, all direct expenses that Mr. Spencer incurs while performing duties on behalf of the City, such reimbursement shall be in accordance the City policy; (k) The City will reimburse Mr. Spencer or the City will pay directly, Mr. Spencer's annual dues associated with his membership in the Virginia State Bar, Roanoke City Bar Association and such other appropriate associations; (1) Mr. Spencer will be eligible to use funds made available to the City Attorney's Office to attend training, continuing legal education, and other professional activities. As City Attorney, Mr. Spencer will have control over the use of these funds to ensure that all members of the staff maintain their requirements for licensing on an annual basis; (m) With respect to benefits and terms and conditions of employment not enumerated in this resolution, Mr. Spencer shall be accorded such benefits and shall be subject to such terms and conditions on the same basis as other similarly situated employees of the City; (n) The City will indemnify and hold Mr. Spencer harmless for any and all loses, including all court costs, attorney fees and other expenses of defense, for any and all claims, demands, suits or judgments arising out of or related to any act or omission Mr. Spencer is alleged to have committed if, at the time of the act or omission, Mr. Spencer is acting within the scope of his employment provided there is no evidence of malice or bad faith. 3. Mr. Spencer will make arrangements to qualify for office by taking the required Oath of Office as soon as practicable. ATTEST: Ce4z-� -'�- City Clerk. -�u C)-- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2020. No. 41887- 092120. A RESOLUTION approving and affirming the action taken by the Greater Roanoke Transit Company (GRTC) d /b /a Valley Metro to implement Fare Free Election Day Bus Service for Tuesday, November 3, 2020; and authorizing the City Manager to take any necessary action to accomplish such fare. WHEREAS, on September 21, 2020, the GRTC Board of Directors approved and adopted Fare Free Election Day Bus Service for Tuesday, November 3, 2020; and WHEREAS, GRTC has requested that City Council approve and affirm such fare pursuant to Section 34 -22(a) of the Code of the City of Roanoke (1979), as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby approves and affirms Fare Free Election Day Bus Service for Tuesday, November 3, 2020, as adopted by the GRTC Board of Directors on September 21, 2020. 2. The Fare Free Election Day Bus Service shall be effective on November 3, 2020, and shall be fare free for those citizens looking to access their local polling location in order to cast their ballot. 3. The City Manager is hereby authorized to take any necessary action to accomplish such fare. 4. The City Clerk is directed to certify a copy of this Resolution to the General Manager of GRTC. ATTEST: City Clerk. CECELIA F. 11CCOl, CHIC Cite Clerk 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: clerk(a roanoke%a.noN September 22, 2020 The Reverend Jonathan Harris, Pastor Episcopal Diocese of Southwest Virginia 1002 1 st Street, S. W. Roanoke, Virginia 24016 Dear Pastor Harris: CECELIA T. NN EBB, C1IC Depute Cite Clerk On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Monday, September 21, 2020. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. Sincerely, 0-4.1 u ' 1'� IfiZe C6 Cecelia F. McCoy, CIVIC City Clerk CFM:ctw AL IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of September, 2020. No. 41888- 092120. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City -owned property located at 0 Lewiston Street, N.W., consisting of 1.65 acres, more or less, bearing Official Tax Map No. 6421113, to James C. Thompson, upon certain terms and conditions; and dispensing with the second reading of this Ordinance by title. WHEREAS, a public hearing was held on September 21, 2020, pursuant to § §15.2- 1800(B) and 15.2 -1813, Code of Virginia (1950), as amended, after being advertised and scheduled, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for the conveyance of a parcel of City -owned property consisting of 1.65 acres, more or less, bearing Official Tax Map No. 6421113, to James C. Thompson, upon certain terms and conditions, as more particularly stated in the City Council Agenda Report dated September 21, 2020. 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. ATTEST: City Clerk. G~� CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 21, 2020 Subject: Sale of City Owned Property Bearing Official Tax Map No. 6421113, Located at 0 Lewiston Street, N.W. Background: .James C. Thompson has offered to purchase an unimproved parcel of real property owned by the City of Roanoke located at 0 Lewiston Street, N.W., bearing Official Tax Map No. 6421113 ( "Property "), containing approximately 1.65 acres, more or less, for the Property's tax assessed value of $27,600. Mr. Thompson plans to use the Property to build a residential home in which he will reside. Please see Exhibit A. The City acquired the Property from the Roanoke Regional Airport Commission in 2008, and the Property is subject to restrictions contained in the deed which run the land and would be binding on Mr. Thompson, which prohibit the Property from being used in a manner that interfere with the navigation of aircraft, and require the property owner to release the Roanoke Regional Airport Commission from any claims of nuisances caused by the normal operation of aircraft. 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 the proposed Contract for Purchase and Sale, substantially similar to the one attached to this Report. All documents are subject to approval as to form by the City Attorney. - - ---- -- --------------- - - - - -- Robert S. Cowell, Jr. City Manager Exhibit A: House Plan Exhibit B: Sales Contract Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations W. Brent Robertson, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Robert Ledger, Director of Economic Development Marc Nelson, Economic Development Manager Cassandra L. Turner, Economic Development Specialist Page 1 of 1 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Picture of finished house ff Curtis Thompson to: 'cassandra.turner @ roanokeva.gov' 08/07/2020 11:10 AM Hide Details From: Curtis Thompson <CurtisThompson @ tapintohope.org> To: "'cassandra .turner @roanokeva.gov "' <cassandra.tumer @ roanokeva.gov> History: This message has been replied to. The information contained in this email is confidential and is intended solely for the use of the person identified and intended as the recipient. If you are not the intended recipient, any disclosure, copying, distribution, or taking of any action in reliance on the content is prohibited. If you receive this message in error, contact the sender immediately and delete it from your computer. file: // /C:/Users /dmpayne /AppData /Local /Temp /notesOE4D4A /—web8335.htm 9/15/2020 CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Contract For Purchase and Sale of Real Property ( "Contract ") is dated the day of , 2020, by and between 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 JAMES CURTIS THOMPSON, an unmarried individual, with an address of 1733 McMillian Court, N.W., Roanoke, Virginia, 24019 ( "Buyer ") (Seller and Buyer are collectively referred to herein as the "Parties" and individually as "Party "), RECITALS: WHEREAS, Seller is desirous of selling certain real property it owns, together with any improvements thereon, located at 0 Lewiston Street, N.W., Roanoke, Virginia, bearing Official Tax Map No. 6421113 (referred to hereafter as the "Property ") to Buyer, and Buyer is desirous of acquiring the Property from Seller, upon the terms and conditions set forth below; and WHEREAS, Roanoke City Council authorized the Roanoke City Manager to enter into this Contract for the sale and conveyance of the Property to Buyer pursuant to Ordinance No. , adopted by Roanoke City Council on September 21, 2020. NOW, 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, Seller and Buyer hereby 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 Special Warranty Deed to the Property. Closing Date: The date provided for in Section 8 hereof for the Closing. Days: Unless otherwise stated, this term means consecutive calendar days. Effective Date: The date listed in the first paragraph of this Contract. Feasibility Period: A period of sixty (60) Days following the Effective Date, or as such date may be extended as provided herein. Improvements: Any and all improvements, and all appurtenances thereto, located on the Property at the time of Closing. Property: The real property, together with any improvements thereon, located at 0 Lewiston Street, N.W., Roanoke, VA, bearing Official Tax Map No. 6421113, with an approximate total area of 1.65 acres (approximately 71,624 sq. ft.), more or less, as described on the attached Exhibit 1, incorporated herein by reference. Purchase Price: The sum of Twenty Seven Thousand Six Hundred Dollars ($27,600) to be paid by Buyer to Seller for acquisition of the Property. 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 shall be 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, Seller, as of the Closing, shall have complied with Seller's representations and warranties in Section 7 of this Contract, and the fulfillment to the Buyer's reasonable satisfaction of Seller's delivery to Buyer on the Closing Date of title to the Property and other documents as prescribed in Section 8. As a condition precedent to Seller's obligation to sell the Property or otherwise perform any obligations provided for in this Contract, Buyer, as of the Closing, shall have complied with 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 Seller on or before the Closing Date, Seller, at its sole election, by written notice given to 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 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 the 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, 2 inspection, evaluations, studies, tests, borings, and measurements ( "Feasibility Review ") 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 problems outlined above in this section, Buyer shall notify 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 event, this Contract shall thereupon be terminated and of no further force and effect, unless Seller and Buyer mutually agree to modify this Contract in writing to address any such issues. E. Right of Entry- In connection with Buyer's ability to conduct its Feasibility Review mentioned above, 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 Seller, in order to survey, make test borings, and carry out such other examinations, exploratory work, or testings as may be necessary to complete Phase I and Phase II Environmental Assessments, geotechnical assessments, or nondestructive engineering evaluations of the Property, and other examinations reasonably necessary as part of the Feasibility Review. 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. Should Buyer decline to purchase the Property, Buyer shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section 3 to the same condition in which the Property existed immediately prior to Buyer's entry on the Property as is reasonably practical, and to restore any part of the Property that Seller determines was substantially damaged by Buyer's actions. Buyer indemnifies and holds Seller, its employees, officials, and assigns, harmless against any claims brought against Seller, its employees, officials, and assigns arising from any actions Buyer performs on the Property pursuant to this section. Buyer agrees to restore the Property to the same condition in which it existed prior to any actions performed Buyer under this section. F. 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. 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 in accordance with the terms of this Contract. GO Seller will deliver to the Buyer a special warranty deed at Closing in accordance with the terms of this Contract. 3 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 Purchase Price and will make payment in accordance with the terms of this Contract. (ii) Buyer agrees that Buyer is taking the Property in an AS IS, WHERE IS condition without any warranties or representations from Seller, and that Buyer has had sufficient opportunities to fully examine the Property. SECTION 5. ASSIGNMENT Seller agrees not to assign or transfer any part of this Contract without the prior written consent of the Buyer, which will not be unreasonably withheld, and any such assignment shall not relieve Seller from any of its obligations under this Contract. SECTION 6. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, Buyer agrees and submits itself to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia, and further agrees this Contract is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. Buyer further waives and agrees not to assert in any such action, suit or proceeding, that it is not personally subject to the jurisdiction of such courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the venue of the action, suit or proceeding, is improper. SECTION 7. 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 in an AS IS, WHERE IS condition and subject to any items of record and any matters disclosed by the survey to be completed by Buyer. B. 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. 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. Hazardous Materials. Seller makes no warranties or representations of any type regarding hazardous materials of any type or with respect to the environmental condition of the Property. 2 SECTION 8. TITLE AND CLOSING. A. Title to the Property, in accordance with the Survey, shall be conveyed by Seller to Buyer by Special Warranty 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 the Survey 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 purchased by Buyer; (vi) Other customary and usual exceptions not adversely affecting title; and (vii) Those items and matters set forth in this Contract and that the obligations and undertakings of the Buyer in this Contract shall survive Closing and be incorporated into the Deed. 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. 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. 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 Special Warranty Deed conveying to Buyer the Property in accordance with the provisions of this Contract; 5 (b) Such evidence and documents including, without limitation, a certified copy of the ordinance adopted by Seller, as may reasonably be required by the Title Company evidencing the authority of the person(s) executing the various documents on behalf of Seller in connection with its sale of the Property; (c) A duly executed counterpart of a Closing Statement; and (d) 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; (ii) all attorney's fees and expenses incurred by legal counsel to Buyer; (iii) the cost of the newspaper advertisement for the public hearing required to be published by applicable law prior to the sale of city owned property; and (iv) any Grantee's tax and recording costs required to be paid in connection with the recording of the Deed. G. Seller shall pay the Grantor's tax, if any, and the expenses of legal counsel for Seller, if any. H. Exclusive possession of the Property shall be delivered to Buyer on the Closing Date, subject to the provisions of this Contract. I. At Closing, Buyer shall deliver the Purchase' Price, together with any other amounts required by this Contract, to Seller. SECTION 9. CONDEMNATION. Seller has no actual knowledge of any pending or threatened condemnation of the Property. However, if, after the date hereof and prior to the Closing Date, all or any part of Property is subjected to a bona fide threat of condemnation or condemned or taken by a body having the power of eminent domain or a transfer in lieu of condemnation, Buyer shall be promptly notified thereof in writing and within twenty (20) Days after receipt of written notice to Buyer. Buyer may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in which event all parties shall be relieved and released of and from any further duties, obligations, rights, or liabilities hereunder, and thereupon this Contract shall deemed terminated and of no further force and effect. If no such election is made by the Buyer to cancel this Contract, this Contract shall remain in full force and effect and the purchase contemplated herein, less any interest taken by condemnation or eminent domain, shall be effected with no further adjustments, and upon the Closing Date, Seller shall assign, transfer, and set over to Buyer all of the right, title, and interest of Seller in and to any awards that have been or that may thereafter be made for any such taking or takings. SECTION 10. 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 Buyer for any failure to deliver the Property to Buyer. SECTION 11. 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 12. 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 Phone No. 540- 853 -2333 With a Copy to: Assistant City Manager for Community Development City of Roanoke 364 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Phone No. 540- 853 -2333 If to Buyer: James C. Thompson 1733 McMillian Court, N.W. Roanoke, Virginia 24019 7 Phone No. 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 13. TIME. Time is of the essence in the Parties' respective obligations under this Contract. SECTION 14. SUCCESSORS AND ASSIGNS. This Contract shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. SECTION 15. 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 the Parties hereto, notwithstanding that all of the Parties are not signatory to the same counterpart. SECTION 16. 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 17. 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 enforceable by any court or agency of competent jurisdiction, they shall be deemed modified to the extent necessary to make them enforceable. SECTION 18. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Contract. SECTION 19. 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 20. 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 21. 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 Agreement. 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. SECTION 22. 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 appropriate parties. (SIGNATURE PAGE TO FOLLOW) I IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized representatives. SELLER: 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 , 2020, by Robert S. Cowell, Jr., City Manager for the City of Roanoke, Virginia for and on behalf of said Municipal Corporation. My commission expires: Notary Public Approved as to Form: Approved as to Execution: City Attorney City Attorney SEAL 10 BUYER: EAL) James Curtis Thompson COMMONWEALTH OF VIRGINIA CITY OF ROANOKE to -wit: The foregoing instrument was acknowledged before me this _day of , 2020, by James Curtis Thompson. My commission expires: Notary Public SEAL 11 EXHIBIT 1 Property Description Roanoke Official Tax Map No. 6421113 BEGINNING at an Airport Monument set at the northwesterly intersection of the westerly right -of -way of Mattaponi Drive, N.W. and the northerly right -of -way of Portland Avenue, N.W.; thence leaving Mattaponi Drive, N.W. and with the northerly right-of-way- of Portland Avenue, N.W., S. 610 06' 54" W. 277.13 feet to an iron pin found; thence leaving the right -of -way of Portland Avenue, N.W. and with the easterly line of Block 3, Lots 6, 7, and 8 of Miller Court (Plat Book 3, Page 126), N. 280 '17' 06" W. 260.01 feet to a 28 inch white pine; thence leaving the line of Miller Court and with the southerly line of Lot 11, Southview Addition (Plat Book 3, Page 59), N. 610 06' 54" E. 274.41 feet to an iron pin found in the westerly right -of -way of Mattaponi Drive, N.W.; thence with the westerly right -of -way of Mattaponi Drive, N.W., S. 280 53' 06" E. 260.00 feet to the Point of BEGINNING and being all of Parcel 2 as shown on Map of Survey Roanoke Regional Airport prepared by T. P. Parker & Son, Engineers and Surveyors, Ltd. dated June 2, 1987 and containing 1.646 acres and being a portion of the West Clear Zone. 12 SHERMAN M STOVALL. ASSISTANT CITY MGR Attn W. Brent Robertson, Assistant City Manager for Community Development 215 CHURCH AVENUE, S. W., SUITE 456 ROANOKE, VA 24011 The Roanoke Times Roanoke, Virginia Affidavit of Publication Account Number 6017304 Date September 11, 2020 I Date Category Description Ad Size Total Cost 09/20/2020 Legal Notices NOTICE OF PUBLIC HEARING Pursuant to the requirements 1 x 68 L 380.08 Publisher of the NOTICE OF PUBLIC HEARING Roanoke Times Pursuant to the requirements of Sections 15.2 - 1800.5 and 15.2 -1813, Code of Virginia (1950) as amended. noticCity of Roanoke will hold a public e is hereby given that the Council I (the undersigned) an authorized representative of the of the hearing on September 21. re fter s the Roanoke Times a daily newspaper published in Roanoke in the p.m, or as soon thereafter as the � r matter may be heard, in the Council F Chamber, 4th Floor, Room 450, Noel C. State of Virginia, r7 inia do certify that the annexed notice NOTICE OF Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. PUBLIC HEARING was published in said newspapers on the or by electronic communication means as described below, whereby the City following dates: of Roanoke (City) proposes to convey certain real property located at 0 Lewiston Street, N.W.. Roanoke. Virginia, consisting of approximately 1.65 acres, more or less, bearing 0911112020 Official Tax Map No. 6421113, to James Curtis Thompson. This public hearing may be conducted by electronic communication means due to the COVID -19 pandemic disaster. All persons wishing to address City Council must sign -up with the City Clerks office by emalling � The First insertion being given ... 09/11/2020 clerkroanokeva.gov or calling (5540) 40) g g 853 -2541 by 4:00 p.m- on September 21, 2020. Citizens who register will be provided information to present their testimony via electronic Newspaper reference: 0001133493 communications means. A copy of the proposed sales agreement and Ordinance will be available at the City Clerk's Office. Room 456. Noel C. Taylor Municipal BUllding, 215 Church Avenue. S.W.. Roanoke, Virginia. 24011, on and after Friday. September 11, 2020. For further p you may g Blllln RBr� reseIte information On the matter, contact the Office of the City Clerk at (540)853 -2541. All parties and Interested entitles who register as set forth above may appear on the above Sworn to and subscribed before me this Friday, September 11, 2020 date and time to be heard on the above matter. If you are a person with a disability f who needs accommodations for r this this hearing. please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday. September 17, 2020. Given under my hand this 11th day NotarysRmb4% Carsten of September. 2020. NOTARY PUBLIC State of Virginia Commonwealth of Virginia Cecelia F. McCoy, city Clerk City /County of RoanoN@tary Registration Number 329549 (1133493) My Commission expirej°fnn"sSion Expires July 31202, THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING 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 September 21, 2020, 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, or by electronic communication means as described below, whereby the City of Roanoke (City) proposes to convey certain real property located at 0 Lewiston Street, N.W., Roanoke, Virginia, consisting of approximately 1.65 acres, more or less, bearing Official Tax Map No. 6421113, to James Curtis Thompson. This public hearing may be conducted by electronic communication means due to the COVID -19 pandemic disaster. All persons wishing to address City Council must sign -up with the City Clerk's Office by emailing clerk @roanokeva.gov or calling (540) 853 -2541 by 4:00 p.m., on September 21, 2020. Citizens who register will be provided information to present their testimony via electronic communications means. A copy of the proposed sales agreement 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 Friday, September 11, 2020. For further information on the matter, you may contact the Office of the City Clerk at (540)853 -2541. All parties and interested entities who register as set forth above 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, September 17, 2020. Given under my hand this 11th day of September, 2020. Cecelia F.McCoy, City Clerk Note to Publisher: Please publish once in the Roanoke Times, legal notices, on Friday, September 11, 2020. Please send affidavit of publication to: Cecelia F.McCoy, City Clerk 4th Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 Phone: (540) 853 -2541 Send Invoice to: W. Brent Robertson, Assistant City Manager for Community Development 3rd Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 Phone: (540) 853 -2333