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Home My WebLink AboutCouncil Actions 04-04-22 Uutsb 42320-040422 ROANOKE CITY COUNCIL INFORMAL SESSION APRIL 4, 2022 9:00 A.M. CITY COUNCIL CHAMBER 215 CHURCH AVENUE, S. W. AGENDA 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. Call to Order -- Roll Call - All Present. Welcome. Mayor Sherman P. Lea, Sr. NOTICE Council meetings will be televised live and replayed on RVTV Channel 3 on Thursdays at 7:00 p.m., and Saturdays from 10:00 a.m. to 5:00 p.m.; and video streamed through Facebook Live at facebook.com/RoanokeVa. Council meetings are offered with closed captioning for the deaf or hard of hearing. ITEMS FOR ACTION: A communication from Mayor Sherman P. Lea, Sr., requesting that Council convene in a Closed Meeting to discuss the selection of candidates to be interviewed for the interim City Council Member position, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. (6-0) ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA. NONE. 1 TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL. NONE. BRIEFINGS: • Budget/Financial Planning FY 23 - 60 minutes Received and filed. • Gun Violence Prevention Framework - 15 minutes Received and filed. At 10:45 a.m., the Council Meeting was declared in recess for a Closed Meeting in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building; and thereafter to be reconvened at 2:00 p.m. in the Council Chamber. 2 ROANOKE CITY COUNCIL REGULAR SESSION APRIL 4, 2022 2:00 P.M. CITY COUNCIL CHAMBER 215 CHURCH AVENUE, S. W. AGENDA 1 . Call to Order--Roll Call. All Present. The Invocation was delivered by The Reverend Preston Tyler, Pastor, Hill Street Baptist 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: Council meetings will be televised live and replayed on RVTV Channel 3 on Thursdays at 7:00 p.m., and Saturdays from 10:00 a.m. to 5:00 p.m.; and video streamed through Facebook Live at facebook.com/RoanokeVa. Council meetings are offered with closed captioning for the deaf or hard of hearing. 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 (Architect) Roanoke Arts Commission —one vacancy Roanoke Public Library Board —two vacancies Virginia Western Community College Local Advisory Board — one vacancy Visit Virginia's Blue Ridge — one vacancy 3 Access the City's homepage to complete an online application for the abovementioned vacancies. On April 18, beginning at 10:30 a.m., Roanoke City Council will conduct four interviews to select two candidates to serve as Roanoke City School Board Trustees for three-year terms of office, each, commencing July 1, 2022. The four candidates are Mary F. Apel, Ryan A. Bell, Kathy S. Cohen and Joyce W. Watkins. On April 18, at 7:00 p.m., a public hearing will be held to hear the views of citizens on said candidates for Roanoke City School Board Trustee; and announcement of the successful candidates will be made at the May 2, 2:00 p.m. Council Meeting. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A proclamation declaring April 2022 as Fair Housing Month. Mayor Lea declared April 2022 as Fair Housing Month and presented the proclamation to Peter Volosin, Chair, Fair Housing Board. 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. C-1 Minutes of the regular meeting of City Council held on Tuesday, February 22, 2022. RECOMMENDED ACTION: Received and filed. C-2 A communication from the City Manager requesting that Council schedule a public hearing to be held on Tuesday, April 26, 2022, at 7:00 p.m., or as soon thereafter as the matter may be heard, or such later date and time as the City Manager may determine, in his discretion, to consider the FY 2021 — 2022 appropriation of funding from the General Fund Assigned Fund Balance. RECOMMENDED ACTION: Concurred in the request. 4 C-3 A communication from the City Manager requesting that Council schedule a public hearing to be held on Tuesday, April 26, 2022, at 7:00 p.m., or as soon thereafter as the matter may be heard, or such later date and time as the City Manager may determine, in his discretion, to consider an increase of FY 2021 — 2022 local tax and other revenue estimates and appropriation of funding. RECOMMENDED ACTION: Concurred in the request. C-4 Reports of qualification of the following individuals: The Honorable Joseph L. Cobb as member of the Gun Violence Prevention Commission for a term of office commencing April 1, 2022 and ending December 31, 2022; Laura Carden as a member of the Roanoke Arts Commission to fill the unexpired term of office of Janet Carty ending June 30, 2024; Dr. Nathaniel L. Bishop as a City representative of the Roanoke Regional Airport Commission for a four-year term of office, commencing March 10, 2022 and ending March 9, 2026; Jennifer Oakes as the City representative to the Local Office on Aging Advisory Board for a one-year term of office, commencing March 1, 2022 and ending February 28, 2023; Andrew Raduly as a member of the of the Board of Zoning Appeals to fill the unexpired term of office of Valeria Alphin ending December 31, 2023; and Dawn Tanner Erdman as a member of the Visit Virginia's Blue Ridge, Board of Directors to fill the unexpired term of office of Dr. Elda Stanco Downey ending June 30, 2023. RECOMMENDED ACTION: Received and filed. C-5 A communication from Mayor Sherman P. Lea, Sr., requesting that Council convene in a Closed Meeting immediately following the recessed meeting of Council on April 18, 2022, beginning at 10:30 a.m., to discuss the selection of a candidate to fill the term of office of former Council Member Robert L. Jeffrey, Jr., ending December 31, 2022, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 5 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of the Virginia Department of Emergency Management State Homeland Security Grant program funding to support the activities of the regional hazardous materials team. Adopted Resolution No. 42320-040422 and Budget Ordinance No. 42321-040422 (6-0). 2. Acceptance of the Virginia Department of Emergency Management State Homeland Security Grant program funding to support the activities of the regional technical rescue team. Adopted Resolution No. 42322-040422 and Budget Ordinance No. 42323-040422 (6-0). 3. Acceptance of the Summer Food Program Grant from the Virginia Department of Education. Adopted Resolution No. 42324-040422 and Budget Ordinance No. 42325-040422 (6-0). 4. Acceptance of the Southwest Virginia Regional Employment Coalition Grant from the Virginia Department of Social Services to provide assistance to citizens receiving Temporary Assistance to Needy Families (TANF) benefits. Adopted Resolution No. 42326-040422 and Budget Ordinance No. 42327-040422 (6-0). 5. Execution of an agreement with Roanoke County Department of Parks and Recreation for continuation of therapeutic recreation services, with four annual renewals. Adopted Resolution No. 42328-040422 (6-0). COMMENTS OF CITY MANAGER. NONE. 8. REPORTS OF COMMITTEES: NONE. 9. UNFINISHED BUSINESS: NONE. 6 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11 . MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Bestpitch announced he would submit a naming request with regard to naming the Virginia Room after the late George Kegley. Council Member Moon Reynolds requested that the resolution prepared to memorialize Mr. Kegley be concurrent with the naming request. Vice-Mayor White-Boyd commented that the Equity and Empowerment Advisory Board was actively accepting applications and encourage the public to apply. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. CERTIFICATION OF CLOSED MEETING. (6-0) AT 3:00 P.M. THE FOLLOWING INDIVIDUALS WERE INTERVIEWED TO FILL A NINE-MONTH TERM OF OFFICE OF FORMER COUNCIL MEMBER ROBERT L. JEFFREY, JR., ENDING DECEMBER 31, 2022. Suzanne Osborne Kiesha Preston Anita Price Luke Priddy Kevin Berry 12. RECESSED - 4:49 P. M. THE COUNCIL MEETING WAS DECLARED IN RECESS; AND THEREAFTER RECONVENED AT 7:00 P.M., IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 7 ROANOKE CITY COUNCIL REGULAR SESSION APRIL 4, 2022 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 Council Member Joseph L. Cobb. 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: Council meetings will be televised live and replayed on RVTV Channel 3 on Thursdays at 7:00 p.m., and Saturdays from 10:00 a.m. to 5:00 p.m.; and video streamed through Facebook Live at facebook.com/RoanokeVa. Council meetings are offered with closed captioning for the deaf or hard of hearing. 8 A. PUBLIC HEARINGS: 1. Receive views of citizens regarding the applicants interviewed, at 3:00 p.m., to fill the nine-month term of office of former Council Member Robert L. Jeffrey, Jr., ending December 31, 2022. The candidates for consideration are Suzanne Osborne, Kiesha Preston, Anita Price, Luke Priddy and Kevin Berry. B. RECESSED - 7:39 P.M. THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED ON MONDAY, APRIL 18, AT 10:30 A.M., IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING, TO CONDUCT INTERVIEWS TO SELECT TWO CANDIDATES TO SERVE AS ROANOKE CITY SCHOOL BOARD TRUSTEES FOR THREE-YEAR TERMS OF OFFICE, EACH, COMMENCING JULY 11 2022. THE FOUR CANDIDATES ARE MARY F. APEL, RYAN A. BELL, KATHY S. COHEN AND JOYCE W. WATKINS. 9 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 SHERMAN P.LEA,SR, Fax: (540)853-1145 Council Members Mayor Email: clerk@roanokeva.gov William D.Bestpitch Joseph L.Cobb Robert L.Jeffrey,Jr. Stephanie Moon Reynolds Vivian Sanchez-Jones Patricia White-Boyd April 4, 2022 The Honorable Vice-Mayor Patricia White-Boyd and Members of the Roanoke City Council Roanoke, Virginia Dear Vice-Mayor White-Boyd and Members of Council: This is to request a Closed Meeting to discuss the selection of candidates to be interviewed for the interim City Council Member position, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended. Sincerely, r,--, ? /1�0, �� 0 Sherman P. Lea, Sr. Mayor SPL:ctw a" a e I's � • � * • Agenda • Enterprise Fund Considerations • FY 2022 Update • FY 2023 Development and Next Steps • FY 2023 Balancing Status z Enterprise Fund Considerations • Stormwater Fund • Civic Facilities Fund • Parking Fund 3 Stormwater Highlights for FY23 Budget Fiscal Year Fee Parameter 2022 2023 2024 2025 2026 2027 2028 Monthly/Billing Unit $ 0.90 $ 1.05 $ 1.20 $ 1.35 $ 1.45 $ 1.55 Chan e/Year $ 1.60 Change/Year $ - $ 0.15 $ 0.15 $ 0.15 $ 0.10 $ 0.10 $ 0.05 Avg. Residential/Month $ 5.40 $ 6.30 $ 7.20 $ 8.10 $ 8.70 $ 9.30 $ 9.60 Avg. Residential/Year $ 64.80 $ 75.60 $ 86.40 $ 97.20 $ 104.40 $ 111.60 $ 115.20 • First year of a 6-year phased increase in the Stormwater Utility Fee. Fee increases from $0.90/billing unit/month to $1 .05 billing unit/month. • Revenue increased by approximately $1 .1 million primarily due to the rate change (and some expected increase in impervious surface due to development activity). 4 Stormwater Highlights for FY23 Budget • Planned to transfer $550,000 from annual operating budget to be applied to capital projects (goal is to transfer $500,000 based on the fee increase). No contribution in the current year's budget due to current funding constraints. • Debt service is expected to increase in the next year per Finance projections. Due to supply chain delays will decrease FY22 Bond issuance to $2 million and instead increase FY23 to $4 million and then continue at $3 million FY24 and beyond. • A transfer of $500,000 from annual operating account to capital accounts for ongoing research work - includes: — Working with USGS on evaluating rainfall, flow and water quality information — Cooperative work with Virginia Tech — Work with the University of Maryland Baltimore County on evaluation of PCBs in our watersheds • Backlog of projects total $322,000,000 5 Civic Facilities Fund • Operating Subsidy Increased about $37,000 to $478,000 due to operating savings and reductions in Debt Service. • Total Civic Facilities budget is about $12.5 million which is an increase over FY22 of about $1 .9 million . • Entertainment and sports industries are still trying to get back to pre-COVID levels. Artists are just now planning tours. • Shuttered Venue grant has assisted in the Berglund Center reopening , paying for personnel, operating expenses, and offset expenses for some scheduled debt funded capital projects. Total funds received was approximately $7,966,658. 6 Parkinq • Daily operations are stabilizing • Revenues Increasing 4.07% • Increased daily activity • Monthly parking holding steady (after COVID decline) • Expenditure Savings • Debt Retirement-Savings $196k • Management Fee reduction $36k due to automation • Switching to LED lighting • Capital Reserves $363k 7 Parkinq ( Cont' Capital Maintenance Projects — Completed • Elevator upgrade - Church Ave Garage • Equipment replacement — Tower & Elmwood Park Garages • Switching to LED lighting (5 of 7 garages) • Utility Savings $48k due to LEDs — Planned • Power Washing and Painting at Tower & Center in the Square Garages • Interior walls/deck (both) • Stairwells (painting) • Columns (power washing) • Ceilings (painting) 8 Parking ( Cont' Future Outlook • Revenue uncertainty around recovery/growth of system • Continued "remote" work of 2 significant monthly customers (COVID) • Change in parking behavior long-term (post-COVI D)? • Preventative Maintenance repairs scheduled for all garages • Contractor to resume 5-year structural repairs plan (CI P) in FY23 • 2023-2028 CIP update in development • Reduced maintenance funding overall • Historically, capital maintenance funding obtained by YE surpluses • LED lighting upgrade at Tower Garage will be finalized by end FY22 • Currently in RFP process for the next management contract 9 FY 2022 General Fund Overview Revenues — Through February, FY 2022 local taxes are 8.4% ahead of target, mainly due to performance of Sales Tax, Prepared Food & Beverage, and Transient Occupancy. — Through February, FY 2022 revenues have increased approximately $16.7 million or 12.4% compared to the same period of FY 2021 . Local taxes have increased $12.9 million or 14.5% compared to the same period of FY 2021 due to Real Estate, Sales Tax, Prepared Food & Beverage, Business License and Transient Occupancy. — Through February, FY 2022 other revenues have increased approximately $3.8 million or 8.4% compared to the same period of FY 2021 due to the timing of collection of state revenues. Expenditures — Through February, FY 2022 expenditures increased approximately $9.7 million or 5.3% compared to the same period of FY 2021 due to anticipated compensation increases, transfers to capital projects, debt service, GRTC, RCPS, Visit Virginia's Blue Ridge and CSA expenses such as Alternative/ Private Day School. 10 MonitoringDashboard FY 2022 Revenue Budget Target Actual Above or Below Target Estate 94,669,000 51 ,495,654 51 ,858,196 +0.70% Sales Tax (retail sales through 22,800,000 11 ,792,959 13,481 ,929 +14.32% December) Business License Tax 14,600,000 7,242,148 8,890,353 +22.76% Transient Occupancy Tax 2,730,000 1 ,800,197 2,585,731 43.6% Prepared Foods & Beverage Tax 14,800,000 9,083,322 10,949,432 +20.54% All Local Taxes 210,018,711 94,442,820 102,395,667 +8.4 *Target comparisons use the percent of revenue recognized for the prior 3 years (averages) through the same month(Feb). 11 FY 2022 Expenditure Monitoring Dashboard Key Measurements FY22 Budget Target Actual Above or , eti u lic S� ety Overtm Below • r Children Services Act $13,805,687 4 $6,243,589 $6,401 ,423 + 2.5% Wase osts $2 717, 05 $1 ,585,386 $1 ,449,884 Workers Comp $2,3133292 $1 ,542,195 $1 ,665,419 + 8.0% $879,865 $56,853,243 $46;863,079 Total General Fund $311 ,319,246 $207,546,164 $191 ,683,203 - 7.6% Current Balance I year Prior • Balance • • Salary Lapse $3,806,777 $1 ,451 ,420 $2,060,057 (Turnover Savings) Operating Contingency $625,542 $1,355,946 $1 ,259,458 12 FY 2022 Key Local Tax Performance 1 YTD (Feb) Year-End $ Above/ % Above/ Actual Projection' • • • - • • BudgetBudget Real Estate 94,669,000 49,963,656 95,000,000 331,000 0.3% Sales* 22,800,000 10,724,467 25,000,000 2,200,000 9.6% Transient Occupancy 2,730,000 2,373,687 3,900,000 1,170,000 42.9% Prepared Foods & Beverage 14,800,000 9,643,779 16,600,000 1,800,000 12.2% Cigarette Tax 1,900,000 1 ,059,006 1,825,000 (75,000) -3.9% Motor Vehicle License 2,900,000 513,449 2,100,000 (800,000) -27.6% Communications Tax 4,900,000 2,109,546 4,900,000 - 0.0% Personal Property 24,750,000 (575,771) 28,400,000 3,650,000 14.7% Business License 14,600,000 1 ,386,350 14,600,000 - 0.0% **Other 25,969,711 9,415,727 27,600,000 1,630,289 6.3% TOTAL 210,018,711 86,613,896 219,925,000 9,906,289 4.7% *Sales Tax represents sales through December. **Other: District Taxes, Public Service Corp, Penalties/Interest, Utilities Tax, Recordation and Probate, Admissions, Franchise Fees, Bank Stock, Delinquent Taxes 3 FY 2022 Net Local Tax Increase Adjustment 71 l Local Tax Growth $9,906,289 Downtown District Taxes (45,000) Visit Virginia's Blue Ridge (431 ,250) Net Local Tax Growth 9,430,039 RCPS Increase (40%) 3,772,016 City Increase (60%) $5,658,023 14 Increase of FY 2022 Appropriations for Revenue and Expenditure Estimates • Roanoke City Public Schools — 40% Local Tax • Visit Virginia's Blue Ridge — 3/8 Transient Occupancy Tax • Civic Facilities — Admission Tax • Carillon building inspections — Inspection Fee • Street paving — Personal Property Tax • Snow response costs • Public safety overtime 15 FY 2023 Local Tax Estimate AdoptedFY 2021 A FY 2022 FY 2022 FY 2023 Growth Real Estate $93,073,800 $94,669,000 $95,000,000 $102,039,000 $7,370,000 7.79% Sales 24,115,939 22,800,000 25,000,000 25,000,000 2,200,000 9.65% Transient Occupancy 2,767,280 2,730,000 3,900,000 4,000,000 1,270,000 46.52% Prepared Foods & 15,466,191,466,191 14,800,000 16,600,000 16,850,000 2,050,000 13.85% Cigarette Tax 1,818,865 1,900,000 1,825,000 1,795,000 (105,000) -5.53% Motor Vehicle License 3,214,542 2,900,000 2,100,000 2,700,000 (200,000) -6.90% Communications Tax 5,119,041 4,900,000 4,900,000 4,680,000 (220,000) -4.49% Personal Property 24,850,475 24,750,000 28,400,000 27,500,000 2,750,000 11.11% Business License 13,949,251 14,600,000 14,600,000 14,900,000 300,000 2.05% *Other 27,881,376 25,969,711 27,600,000 28,002,600 2,032,889 7.83% TOTAL $212,256,761 $210,018,711 $219,925,000 $227,466,600 17,447,889 8.31% *Other: District Taxes, Public Service Corp, Penalties/Interest, Utilities Tax, Recordation and Probate, Admissions, Franchise Fees, Bank Stock, Delinquent Taxes 16 FY 2023 Net Local Tax Increase �i Adjustment • Local Tax Growth $17,447,889 Downtown District Taxes (57,189) Visit Virginia's Blue Ridge (476,250) Net Local Tax Growth 16,914,450 RCPS Increase (40%) 61765,780 City Increase (60%) $10,148,670 17 Total Revenue Estimate Ni11 Growth,Category FY 21 Actual FY 22 Adopted FY 22 Projection FY 23 EstimatAe Growth Local Taxes 212,256,761 210,018,711 219,925,000 227,504,600 17,485,889 8.3% Permits, Fees & Licenses 1,297,081 1,119,300 1,087,000 1,087,000 (32,300) -2.9% Fines & Forfeitures 863,283 1,035,500 752,000 752,000 (283,500) -27.4% Revenue from Use of Money/Property 272,514 548,500 212,000 212,000 (336,500) -61.3% Intergovernmental 75,161,800 75,981,798 76,114,906 76,114,906 133,108 0.2% Charges for Services 17,174,267 17,923,955 16,988,750 16,988,750 (935,205) -5.2% Miscellaneous 961,784 1,002,236 932,500 932,500 (69,736) -7.0% Total Revenue Growth 307,987,490 307,630,000 316,012,156 323,591,756 15,961,756 5.2% 18 Compensation • Compensation Study in progress • 5% pay increase - $5,000,000 • Public Safety Step Pay Plan — $1 ,000,000 to 1 ,400,000 • Reserving $6,400,000 for compensation* • $15/hr Minimum adjustment: Will cover through ARPA or YE Funds * Revenue associated with compensation increase is $175,000 19 FY 2023 Expenditure Adjustments Priority Adjusted Non- Discretionary Total Base * Discretionary Supplementals Education/RCPS $87,765,466 $69773,375 $0 $6,773,375 CommunitySafety y 74,967,472 328,098 181 ,112 509,210 Human Services 40,716,508 0 91 ,177 91 ,177 Infrastructure 28,411 ,207 17239,450 51 ,000 1 ,290,450 Livability 18,4347714 136,629 116,903 253 532 Good Government ' 19,762,933 365,245 1801299 545,544 Economy 2,356,733 0 69,880 69 880 Non-Departmental ' 24,218,625 6,936,280 0 6,936,280 External Agencies 9,9541726 771 ,631 721460 844 091 SUBTOTAL ' $306,588,384 $1695509708 $762,831 $17,313,539 GENERALFUND TOTAL $323,9019923 *Since the March Briefing the retirement contribution rate changed from 16.1% to 14.37% saving about $1.227 million. One quarter ($312,500) was added to fund one-time items. 20 FY 2023 Non-Departmental Adjustments Adjustments Debt Service $15,204,748 $1 ,312,500 Civic Center Debt Service 1 ,870,207 (37,230) Civic Center Subsidy 441 ,260 371230 Civic Center Admissions Tax 360,000 0 GRTC 1 ,773,432 0 Compensation 0 6,225,000 Worker Compensation 2,313,292 125,000 Reserves 1 ,375,000 125,000 Contingency 1 ,500,000 (500,000) Lapse (2,478,540) 0 Other* 1 ,859,226 (351 ,220) TOTALS $24,218,625 $6,936,280 *Line of Duty, OPEB, Dental, Extended Illness, Medical, Payroll Accrual, Reclass Contingency, Termination Leave, Unemployment Wages, Mini-Grant/Donations 21 April 4th BalancingStatus Estimated FY 2023 Revenues (March 7) $322,704756 Preliminary FY 2023 Expenditures (Mar 7) 327,479,426 March Th Variance ($4.774.670) Increased Revenue 887,000 Decreased Expenditure 3,577,503 April 4th Variance (310,167) 22 Expenditure us men s Since a s ri e i n • Increased Funding for Schools and Visit Virginia Blue Ridge related to revenue adjustments • Continued to refine Salary compensation calculations • City Manager Contingency base reduced • Fleet supplements reduced by half • Workers Compensation supplemental reduced by half • Risk Fund Reserve reduced by half • Funded supplementals through one-time sources — Neighborhood Services Grants — Planner II Positions (2) — Bridge Maintenance — Budget System Enhancements — Police Equipment • Outside Agencies budget refinements 23 Balancing Strategy Future ConsidzN erations • Adjust Salary Lapse to reflect high vacancy levels • Continue to review and refine supplemental requests • Unfund vacant positions (base reduction) • Continue to monitor General Assembly Actions — Grocery Tax — Cybersecurity funding — CSA Local Administrative funding — Alternative transportation/custody funding — Alcohol Safety Action Program (ASAP) — Jail Per Diem Restoration — HB599 and ARPA Funds for Local Police Departments — Compensation Board finalized budget 24 Debt Bond Issuance Approach Budgeted General Fund Debt Service Available $18,039,307 Potential FY 2023 Debt Service Budget Increase 113121500 Total Potential FY 2023 Budgeted Debt Service 19,351 ,807 Available *Anticipated FY 2023 Required Debt Service 15,851 ,713 Anticipated FY 2023 Excess Debt Service Available $3,500,094 for One-Time Capital Items *$3,000,000 will be shifted from FY22 bond issuance to FY23 to better align issuances with expenses. 25 FY 2022 One-Time Funded Items Construction $183,300 Equipment 390,020 Fees For Professional Services 100,000 Fleet Capital 550,000 Grant Match 150,000 Neighborhood Improvement Grants 42,000 Percent for Art TBD Salary/ Compensation 171 ,248 Technology 580,000 Training and Development 77 800 Transportation Infrastructure 380,000 Capital Project Contingency 875 726 Total Funded $3,500,094 26 Questions ? 27 Office of the Mayor CITY 0P+\,,' ROANOKE to WHEREAS, the Congress of the United States passed the Civil Rights Act of 1968, and Title VIII declared that the law of the land would now guarantee the rights of equal housing opportunity; WHEREAS, this April 11`h, 2022 will mark the 54`h Anniversary of the signing of the Civil Rights Act of 1968 by President Lyndon B.Johnson; WHEREAS, the City of Roanoke, in conjunction with the Fair Housing Board, has provided a fair housing program for its residents, and today, the local community supports fair housing laws; WHEREAS, the Fair Housing Act prohibits discrimination in the sale, rental and financing of dwellings, and other housing-related transactions, based on race, color, national origin, religion, sex, familial status and disability;and WHEREAS, to the prohibitions of the National Fair Housing Act the State of Virginia includes elderliness, source of funds, sexual orientation, gender identity, military status and the City of Roanoke includes age and marital status;and WHEREAS, equal housing opportunity is a condition of life in the City of Roanoke that can and should be achieved, and all citizens are encouraged to abide by the letter and spirit of the Fair Housing Law. NOW, THEREFORE, I, Sherman P. Lea, Mayor of the City of Roanoke, Virginia, do hereby proclaim the month of April 2022, throughout this great,seven-time All-America City, as Fair Housing MontlL Given under our hands and the Seal of the City of Roanoke this fourth day of April in the year two thousand and twenty-two. Sherman P.Lea,Sr.,May ATTEST.• c .5Cler Cecelia F.McCoy, City soq� CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: April 4, 2022 Subject: Request to Schedule a Public Hearing for the FY 2021 -2022 Appropriation of Funding from the General Fund Assigned Fund Balance Background: Upon conclusion of the Fiscal Year 2020-2021 year-end General Fund revenues totaled $309,988,125 and expenditures totaled $294,474,360 leaving residual funds of $15,513,765. This was a result of conservative revenue estimates and enhanced expenditure restrictions due to COVID-19 as well as utilization of CARES Act grant funds to supplement public safety measures due to the pandemic. These year-end funds are now available for uses for which they were preliminarily identified and discussed at the Council Budget Retreat on November 29, 2021 . A public hearing is required to appropriate these funds because they exceed 1 % of the General Fund Expenditures for fiscal year 2021 - 2022 which would be $3,076,300. Considerations: Council authorization of a public hearing is required to ensure that the public hearing notices are published in accordance with State Code requirements. The public hearing is to be scheduled for April 26, 2022 at 7:00 p.m. Recommended Action: Authorize a public hearing to be scheduled at City Council's meeting on April 26, 2022, at 7:00 p.m., or as soon thereafter as the matter may be heard, or at such later date and time as the City Manager may determine. --- -------------------- Robert S. Cowell, .Jr. City Manager Distribution: Council Appointed Officers Clarence G. Grier, Deputy City Manager Brent Robertson, Assistant City Manager Chris Chittum, Assistant City Manager Amelia C. Merchant, Director of Finance Off'Rr �4 O� CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: April 4, 2022 Subject: Public Hearing for the adjustments of FY 2022 revenue Estimates and Appropriation of Expenses Background: Due to conservative revenue estimates and a better performing economy than was anticipated, it is necessary to adjust the fiscal year 2021 -2022 General Fund appropriations. In addition to increasing revenues there is also the need to adjust the expenditure appropriations for those costs that are based on revenue formulas and/or feeling the effects of growing inflation. A public hearing is required to appropriate these funds because they exceed 1 of the General Fund Expenditures for fiscal year 2021 -2022 which would be more than$3,076,300. Considerations: Council authorization of a public hearing is required to ensure that the public hearing notices are published in accordance with State Code requirements. The public hearing is to be scheduled for April 26, 2022 at 7:00 p.m. Recommended Action: Authorize a public hearing to be scheduled at City Council's meeting on April 26, 2022, at 7:00 p.m., or as soon thereafter as the matter may be heard, or at such later date and time as the City Manager may determine. Robert . owell, fir. City Manager Distribution: Council Appointed Officers Clarence G. Grier, Deputy City Manager Brent Robertson, Assistant City Manager Chris Chittum, Assistant City Manager Amelia C. Merchant, Director of Finance 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 CECELIA F.MCCOY,MMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk April 5, 2022 Angie O'Brien Chief Strategy Officer Roanoke, Virginia Dear Ms. O'Brien: This is to advise you that The Honorable Joseph Cobb qualified as a member of the Gun Violence Prevention Commission and is reappointed for a term of office commencing April 1, 2022 and ending December 31, 2022. Sincerely, (Ae Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, The Honorable Joseph L. Cobb, do solemnly swear(or affirm)that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Gun Violence Prevention Commission for a term of office commencing April 1, 2022 and ending December 31, 2022. (So help me God.) THE HONORABL JOSEPH L. COBB The foregoing oath of office was taken, . sworn to, and subscribed before me by The Honorable Joseph L. Cobb this Id" day of 2022. Brenda S. Hamilton, Clerk of the Circuit Court BU,41 ,�� o..�-z Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Nw Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,MMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk April 5, 2022 Melissa Murray Administrative Assistant III Roanoke, Virginia Dear Ms. Murray: This is to advise you that Laura Carden has qualified as a member of the Roanoke Arts Commission to fill the unexpired term of office of Janet Carty ending June 30, 2024. Sincerely, Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Laura Carden, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission to fill the unexpired term of office of Janet Carty ending June 30, 2024, according to the best of my ability. (So help me God.) �19 /1 J LAURAA CARDEN The foregoing oath of office was taken, sworn to, and subscribed before me by Laura Carden this day of 2022. Brenda S. Hamilton, Clerk of the Circuit Court By , , 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 CECELIA F.MCCOY,MMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk April 5, 2022 Danielle Poe Commission Secretary 5202 Aviation Drive, N.W. Roanoke, Virginia 24012 Dear Ms. Poe: This is to advise you that Dr. Nathaniel Bishop qualified as a member of the Roanoke Regional Airport Commission and is reappointed fora four-yearterm of office commencing March 10, 2022 and ending March 9, 2026. Sincerely, Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Dr. Nathaniel L. Bishop, do solemnly swear 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 City representative of the Roanoke Regional Airport Commission for a four-year term of office, commencing March 10, 2022, and ending March 9, 2026, according to the best of my ability. So help me God. d—r— DRN4ATHANIEL L. BISHOP The foregoing oath of office was taken, sworn to, and subscribed before me by Dr. Nathaniel L. Bishop this �5� day of 2022. Brenda S. Hamilton, Clerk of the Circuit Court gy , Clerk 4 :Y}MW 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 CECELIA F.MCCOY,MMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk AP ril5 2022 Ron Boyd Chief Executive Officer Local Office on Aging P. O. Box 14205 Roanoke, Virginia 24038 Dear Mr. Boyd: This is to advise you that Jennifer Oakes has qualified as a member of the Local Office on Aging Advisory Board to replace Cindy McFall for a one-year term of office commencing March 1, 2022 and ending February 28, 2023. Sincerely, Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Jennifer Oakes, do solemnly swear(affirm)that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as the City representative to the Local Office on Aging Advisory Board for a one-year term of office, commencing March 1, 2022 and ending February 28, 2023, according to the best of my ability. (So help me God.) J NNIFER OAKES The foregoing oath of office was taken, sworn to, and subscribed before me by Jennifer Oakes this �day of j2jL6k 2022. Brenda S. Hamilton, Clerk of the Circuit Court By , Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 w Fax: (540)853-1145 CECELIA F.MCCOY,MMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk April 5, 2022 Tina Carr Planning Coordinator Roanoke, Virginia Dear Ms. Carr: This is to advise you that Andrew Raduly has qualified as a member of the Board of Zoning Appeals to fill the unexpired term of office of Valeria Alphin ending December 23, 2023. Sincerely, Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Andrew Raduly, do solemnly swear(or affirm)that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Board of Zoning Appeals Board to fill the unexpired term of office of Valeria Alphin ending December 31, 2023, according to the best of my ability. (So help me God.) e2 DREW 9A LY The foregoing oath of office was//taken, sworn to, and subscribed before me by Andrew Raduly this ZL day of M07CYl 2022. Brenda S. Hamilton, Clerk of the Circuit Court By , 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 CECELIA F.MCCOY,MMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk April 5, 2022 Landon Howard President 101 Shenandoah Avenue, S.W. Roanoke, Virginia 24016-2044 Dear Mr. Howard: This is to advise you that Dawn Tanner Erdman has qualified as a member of the Visit Virginia's Blue Ridge, Board of Directors to fill the unexpired term of office of Dr. Elda Stanco Downey ending June 30, 2023. Sincerely, d Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Dawn Tanner Erdman, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Visit Virginia's Blue Ridge, Board of Directors to fill the unexpired term of office of Dr. Elda Stanco Downey ending June 30, 2022 and an additional one-year term of office ending June 30, 2023, according to the best of my ability. (So help me God.) DAWN T ER ERDMAN The foregoing oath of office was taken, sworn to, and subscribed before me by Dawn Tanner Erdman thisay of j— 2022. Brenda S. Hamilton, Clerk of the Circuit Court By 41 U=LClerk ROS CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE,S.W.,SUITE 452 p, ROANOKE,VIRGINIA 24011-1594 <Rpn11� TELEPHONE: (540)853-2444 FAX: (540)853-1145 SHERMAN P.LEA,SR. EMAIL: MAYOR@ROANOKEVA.GOV Mayor April 4, 2022 The Honorable Vice-Mayor Patricia White-Boyd and Members of the Roanoke City Council Roanoke, Virginia Dear Vice-Mayor White-Boyd and Members of Council: This is to request a Closed Meeting immediately following the recessed meeting of Council on April 18, 2022, beginning at 10:30 a.m., to discuss the selection of a candidate to fill the term of office of former Council Member Robert L. Jeffrey, Jr., ending December 31,2022, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended. Sincerely, C�e Sherman P. Lea, Sr. Mayor SPL:ctw IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 4th day of April 2022. No. 42320-040422. A RESOLUTION accepting the Virginia Department of Emergency Management (VDEM) State Homeland Security Grant — Hazardous Materials to the City from the Virginia Department of Emergency Management; and authorizing execution of any required documents on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the VDEM State Homeland Security Funding — Hazardous Materials Team Grant offered by the Virginia Department of Emergency Management in the amount of$132,402.77 with no local match, such funds to be used to support the activities of the regional hazardous materials response team that serves Region 6, such grant being more particularly described in the City Council Agenda Report dated April 4, 2022. 2. The City Manager or his designee is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of this grant in a form approved by the City Attorney. 3. The City Manager or his designee is further directed to furnish such additional information as may be required to implement and administer the foregoing Grant. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 41" day of April 2022. No. 42321-040422. AN ORDINANCE appropriating funding from the U.S. Department of Homeland Security through the Commonwealth of Virginia Department of Emergency Management (VDEM) for hazardous materials emergency responses and training and development, amending and reordaining certain sections of the 2021-2022 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 2021-2022 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Technology Maintenance Contracts 35-520-4702-2555 $ 3,000 Other Equipment 35-520-4702-9015 129,402 Revenues VDEM SHS Haz-Mat FY22 35-520-4702-4702 132,402 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: April 4, 2022 Subject: Acceptance of Virginia Department of Emergency Management State Homeland Security Grant Program Funding - Hazardous Materials Background: The City of Roanoke and Roanoke Fire-EMS are the fiduciary agents for the regional hazardous materials response team that serves Region 6 of the Commonwealth of Virginia. The Virginia Department of Emergency Management ("VDEM") allocates funds each VDEM has year to awrded the City of Roanoke funding ional hazardous materials teams for associated costs and expense in the amount of $132,402.77 from the FY2021 State Homeland Security Grant Program. These funds require no local match and will be used to support the activities of the regional hazardous materials team. Considerations: City Council action is required to accept this grant and to appropriate grant funding. Recommended Action: Adopt the attached Resolution to accept the awarded grant funding and the attached Ordinance to appropriate such funding. Robert S. Cowell, Jr., City Manager Distribution: Council Appointed Officers Clarence G. Grier, Deputy City Manager H. David Hoback, Chief of Fire-EMS Virginia Department of Emergency Management SUBAWARD AGREEMENT Page 1 of 3 e 9711 Farrar Court, Suite 200 North Chesterfield, VA 23236 1 1, SUBRECIPIENT NAME AND ADDRESS: 4a. SUBAWARD ID NUMBER: 82 4b. Federal Award ID:EMW 2021-SS-00034 �. SUBAUVARD DATE: March 15,2022 Roanoke City 16.PROJECT PERIOD: Oct 01,2021 to June 30,2023 713 Third St.SW BUDGET PERIOD: Oct 01,2021 to June 30,2023 Roanoke,VA 24016 -- �1.TOTAL AMOUNT OF THIS SUBAWARD: $110,000-00 1 SUBRECIPIENT DUNS Number:006704316 (8.FEDERAL AMOUNT OF THIS SUBAWARD: $110,000.00 SUBRECIPIENT EIN:54001569 �9.SUBRECIPIENT NON-FEDERAL COST SHARE IREQUIREMENT: $0.00 10.INDIRECT COST RATE(I applicable): PASS-THROUGH ENTITY: Virginia Department of Emergency Management SUBAWARD NAME: FY2021—state Homeland Security Grant Program CFDA: 97.067—State Homeland Security Grant Program(SHSP) U.S.Department of Homeland Security(DHS) Federal Emergency Management Agency(FEMA) 11.STANDARD TERMS AND CONDITIONS&SPECIAL CONDITIONS e above subaward is approved subject to the 2020 Department of Homeland Security(DHS)Standard Terms and ; onditions and VDEM Special Conditions found here:DHS Terms and Conditions 2021 12.APPROPRIATION AUTHORITY FOR GRANT nations Act,20f 9 Public Law No. 115-f 41). The project is supported under the Department of Homeland Security Approp 13.METHOD OF PAYMENT ommonweakh of Virginia Cardinal Accounting System AT3ENCYAPPROVAL --��—i �REgPEW ACCEPTANCE 114.NAME AND TITLE OF APPROVING VDEM OFFICIAL 16.NAME AND TITLE OF AUTHORIZED OFFICIAL 1 1 Cheryl Adkins Bob Cowell Chief Financial Officer City Manager 5.SIGNATURE OF APPROVING VDEM OFFICIAL 317,SIGNATURE OF AUTHORIZED SUBRECIPIENT OFFICIAL -Q 18.DATE. Saving lives through effective emergency management and homeland security. "A Ready Virginia is a Resilient Virginia." Virginia Department of Emergency Management e � SUSAWARD AGREEMENT 7Page2 9711 Farrar Court, Suite 200 North Chesterfield,VA 23236 Subaward Name: FY2021—State Homeland Security Grant Program Subaward Date: March 15,2022 SPECIAL CONDITIONS 1. The Subrecipient shall comply with the Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards located at 2 CFR Part 200,and adopted by DHS at 2!QFR_ft„ft and the U.S.Department of Homeland Security Grant Program(HSGP)Notice of Funding Opportunity NOFO . 2. The Subrecipient agrees to permit the pass-through entity and auditors to have access to its records and financial statements as necessary for the pass-through entity to meet the requirements of the Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards located at 2 CFR Part 200. 3. The Subrecipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of the enactment,repeal,modification or adoption of any law,regulation or policy,at any level of government,without the express prior written approval of FEMA. 4. The Subrecipient shall comply with the indirect costs provisions of 2 CFRG 200.414.With the exception Of subrecipients who have never received a negotiated indirect cost rate as described in 2 C.F.R.§ 200.414(f),subreapients must have an approved indirect cost rate agreement with their cognizant federal agency to charcie indirect costs to this subaward. 5. In the event VDEM determines that changes are necessary to the award document after an award has been made,including changes to period of performance or terms and conditions,the Subrecipient will be notified of the changes in writing.Once notification has been made,any subsequent request for funds will indicate Subrecipient acceptance of the changes to the award. 6. Subrecipients proposing projects that have the potential to impact the environment,including but not limited to construction of communication towers,modification or renovation of existing buildings, structures and facilities,or new construction including replacement of facilities,must participate in the FEMA Environmental Planning and Historic Preservation(EHP)review process.Subrecipients must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation,the Subrecipient must ensure monitoring of ground disturbance,and if any potential archeological resources are discovered,the Subrecipient will immediately cease construction in that area and notify FEMA and the State Historic Preservation Office. Any construction activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA funding. 7. The Subrecipient agrees that federal funds under this award will be used to supplement,not supplant, state or local funds for emergency preparedness. Saving lives through effective emergency management and homeland security. "A Ready Virginia is a Resilient Virginia." r Virginia Department of Emergency '�„ Management e ' 9711 Farrar Court, Suite 200 Page 3 of 3 '"� SUBAWARD AGREEMENT North Chesterfield, VA 23236 Subaward Name: FY2021—State Homeland Security Grant Program Subaward Date: March 15,2022 8. The Subrecipient agrees that all publications created with funding under this grant shall prominently contain the following statement:"This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S.Department of Homeland Security.Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S.Department of Homeland Security." 9. The Subrecipient agrees that,when practicable,any equipment purchased with grant funding shall be prominently marked as follows:"Purchased with funds provided by the U.S.Department of Homeland Security." 10. The Subrecipient agrees to cooperate with any assessments,national evaluation efforts, or information or data collection requests,including,but limited to,the provision of any information required for the assessment or evaluation of any activities within this project. 11. The Subrecipient must submit a Quarterly Progress Report for every quarter of the period of performance, including partial calendar quarters,as well as for periods where no grant activity occurs.Reports are due within fifteen(15)days following the end of the quarter. A Final Progress Report is due thirty(30)days after the end date of the performance period.Failure to provide this information may result in VDEM withholding rant funds from further obligation and expenditure and prevent future awards to the Subrecipient. 12. National Incident Management.System(NIMS)Implementation Compliance In accordance with HSPD-5,the adoption of the NIMS is a requirement to receive federal preparedness assistance through grants,contracts,and other activities.No federal funds will be released to the primary grantee and any other entity participating and benefiting in this project if this requirement has not been met. In the event of a Corrective Action Plan submitted,VDEM/SAA will determine if the Subrecipient has made sufficient progress to disburse funds. 13. All conferences and workshops using federal preparedness funds must pertain to the project being funded. The Subrecipient agrees to submit a Trip Report when using federal funds to attend a conference or workshop.The Trip Report template can be found at www.vaerneraencv.aov under Reporting Forms. These reports must be remitted with your request for reimbursement.Failure to do so will result in a delay of payment until received. 14. The Subrecipient agrees that under program guidelines,travel expenses are allowable for approved training,planning,administrative,and exercise activities following local,state,and federal guidelines. Prior to traveling for these activities outside of contiguous United States(OCONUS)as well as to Canada and Mexico,peaooroval is required by the state and FEMA through the SAA office. Please reference 2 CFR 200.403,in regard to reasonableness when considering requests for travel of this type.Where applicable,you should also reference the following regarding travel:the Western Hemisphere Travel Initiative(http:/lwww dhs gov/ftes/arogram go 1ZQQ6M78776.shtm). Saving lives through effective emergency management and homeland security. "A Ready Virginia is a Resilient Virginia." IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 4th day of April 2022. No. 42322-040422. A RESOLUTION accepting the Virginia Department of Emergency Management (VDEM) State Homeland Security Program Grant Funding— Technical Rescue to the City from the Virginia Department of Emergency Management; and authorizing execution of any required documents on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the VDEM State Homeland Security Program Grant—Technical Rescue in the amount of$110,000 with no local match, such funds to be used to support the activities of the regional technical rescue team, such grant being more particularly described in the City Council Agenda Report dated April 4, 2022. 2. The City Manager or his designee is hereby authorized to execute and file, on behalf of the city, any documents setting forth the conditions of this grant in a form approved by the City Attorney. 3. The City Manager or his designee is further directed to furnish such additional information as may be required to implement and administer the foregoing Grant. ATTEST: City Clerk. 42322-040422-Resolution.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of April 2022. ( � No. 42323-040422. AN ORDINANCE appropriating funding from the U.S. Department of Homeland Security through the Commonwealth of Virginia Department of Emergency Management (VDEM)for equipment and supplies for the Regional Technical Rescue Team, amending and reordaining certain sections of the 2021-2022 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 2021-2022 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Other Equipment 35-520-3784-9015 $ 78,608 Training and Development 35-520-3784-2044 16,985 Tools and Equipment 35-520-3784-5090 9,977 Wearing Apparel 35-520-3784-2064 4,430 Revenues VDEM Regional Technical Rescue Team FY22 35-520-3784-3784 110,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. OF R CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: April 4, 2022 Subject: Acceptance of Virginia Department of Emergency Management State Homeland Security Program Grant Funding - Technical Rescue Background: The City of Roanoke and Roanoke Fire-EMS are the fiduciary agents for the regional technical rescue team that serves Region 6 of the Commonwealth. The Virginia Department of Emergency Management (VDEM) allocates funds each year to regional technical rescue teams for associated costs and expenses. VDEM has awarded the City of Roanoke funding in the amount of $110,000-00 from the 2021 State Homeland Security Program Grant. These funds require no local match and will be used to support the activities of the regional technical rescue team. Considerations: City Council action is required to accept this grant and to appropriate grant funding. Recommended Action: Adopt the attached Resolution to accept the awarded grant funding and the attached Ordinance to appropriate such funding and authorize the City Manager or his designee to execute any required grant agreements or documents, such documents to be approved as to form by the City Attorney. Robert S. Cowell, Jr., City Manager Distribution: Council Appointed Officers Clarence G. Grier, Deputy City Manager Amelia C. Merchant, Director of Finance H. David Hoback, Chief of Fire-EMS Virginia Department of Emergency Management SUBAWARD AGREEMENT Page 1 of 3 9711 Farrar Court,Suite 200 North Chesterrieki,VA 23236 1. SUBRECIPIENT NAME AND ADDRESS: SUBAWARD ID NUMBER: 67 14b. Federal Award ID:EMW-2021SS-00034 I SIJBAWARD DATE: March 15,2022 Roanoke City I6.PROJECT PERIOD: Oct 01,2021 to June 30,2023 713 Third St,SW BUDGET PERIOD: Oct 01,2021 to June 30,2023 Roanoke,VA 24016 .TOTAL AMOUNT OF THIS SUBAWARD: $132,402.77 SUBRECIPIENT DUNS Number.006704316 IB.FEDERAL AMOUNT OF THIS SUBAWARD: $132,4102.77 SUBRECIPIENT EIN:54-6001569 SUBRECIPIENT NON-FEDERAL COST SHARE 1 QUIREMENT: $0.00 10.INDIRECT COST RATE(If appficable): PASS-THROUGH ENTITY: Virginia Department of Emergency Management SUBAWARD NAME: FY2021—State Homeland Security Grant Program CFDA: 97.067—State Homeland Security Grant Program(SHSP) U.S.Department of Homeland Security(DHS) Federal Emergency Management Agency(FEMA) 11.STANDARD TERMS AND CONDITIONS&SPECIAL CONDITIONS the above subaward is approved subject to the 2020 Department of Homeland Security(DHS)Standard Terms and jConditions and VDEM Special Conditions found here:DHS Terms and Conditions 2021 rAPPROPRIATIONRIATION AUTHORITY FOR GRANT s supported under the Department of Homeland Security Appropriations Act, 2019{Public Law No. 1f5OF PAYMENT alth of Virginia Cardinal Accounting System AGENCY APPROVALSUtiRECIPENT ACCEPTAN TITLE OF APPROVING VDEM OFFICIAL 16.NAME AND TITLE OF AUTHORIZED OFFICIAL dkins Bob Cowell inancial Officer City Manager ,15.SIGNATURE OF APPROVING VDEM OFFICIAL J 17.SIGNATURE OF AUTHORIZED SUBRECIPIENT OFFICIAL {� 1&DATE Saving lives through effective emergency management and homeland security. "A Ready Virginia is a Resilient Virginia." Virginia Department of Emergency Management SUBAWARD AGREEMENT Page 2 of 3 ' 9711 Farrar Court,Suite 200 North Chesterfield,VA 23236 Subaward Name: FY2021—State Homeland Security Grant Program Subaward Date: March 15,2022 SPECIAL CONDITIONS 1. The Subrecipient shall comply with the Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards located at 2 CFR Part 200,and adopted by DHS at 2 CFR Part 3002 and the U.S.Department of Homeland Security Grant Program(HSGP)Notice of Funding Opportunity (NOFO). 2. The Subrecipient agrees to permit the pass-through entity and auditors to have access to its records and financial statements as necessary for the pass-through entity to meet the requirements of the Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards located at CFR Part 200. 3. The Subrecipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of the enactment,repeal,modification or adoption of any law,regulation or policy,at any level of government,without the express prior written approval of FEMA. 4. The Subrecipient shall comply with the indirect costs provisions of Z!QEB§200414.With the exception of subrecipients who have never received a negotiated indirect cost rate as described in 2 C.F.R.§ 200.414(f),subrec ipients must have an approved indirect cost rate agreement with their cognizant federal aqency to charge indirect costs to this subaward. L51n event VDEM determines that changes are necessary to the award document after an award has made,including changes to period of performance or terms and conditions, the Subrecipient will be ed of the changes in writing.Once notification has been made,any subsequent request for funds will ate Subrecipient acceptance of the changes to the award. 6. Subrecipients proposing projects that have the potential to impact the environment,including but not limited to construction of communication towers,modification or renovation of existing buildings, structures and facilities,or new construction including replacement of facilities,must participate in the FEMA Environmental Planning and Historic Preservation(EHP)review process.Subrecipients must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements.If ground disturbing activities occur during project implementation,the Subrecipient must ensure monitoring of ground disturbance,and if any potential archeological resources are discovered,the Subrecipient will immediately cease construction in that area and notify FEMA and the State Historic Preservation Office. Any construction activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA funding. 7. The Subrecipient agrees that federal funds under this award will be used to supplement,not supplant, state or local funds for emergency preparedness. Saving lives through effective emergency management and homeland security. "A Ready Krginia is a Resilient Virginia." Virginia Department of Emergency Management � 9711 Farrar Court, Suite 200 SUBAWARD AGREEMENT Page 3 of 3 North Chesterfield, VA 23236 Subaward Name: IFY2021-State Homeland Security Grant Program Subaward Date: March 15,2022 8. The Subrecipient agrees that all publications created with funding under this grant shall prominently contain the following statement:"This document was prepared under a grant from FEMA's Grant Programs Directorate,U.S.Department of Homeland Security.Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S.Department of Homeland Security." 9. The Subrecipient agrees that,when practicable,any equipment purchased with grant funding shall be prominently marked as follows:"Purchased with funds provided by the U.S.Department of Homeland Security." 10. The Subrecipient agrees to cooperate with any assessments,national evaluation efforts,or information or data collection requests,including,but limited to,the provision of any information required for the assessment or evaluation of any activities within this project. 11. The Subrecipient must submit a Quarterly Progress Report for every quarter of the period of performance, including partial calendar quarters,as well as for periods where no grant activity occurs.Reports are due within fifteen(15)days following the end of the quarter. A Final Progress Report is due thirty(30)days after the end date of the performance period.Failure to provide this information may result in VDEM withholding rant funds from further obligation and expenditure and prevent future awards to the Subreci lent. 12. National Incident Management System(NIMS)Implementation Compliance In accordance with HSPD-5,the adoption of the NIMS is a requirement to receive federal preparedness assistance through grants,contracts,and other activities.No federal funds will be released to the primary grantee and any other entity participating and benefiting in this project if this requirement has not been met. In the event of a Corrective Action Plan submitted,VDEMISAA will determine if the Subrecipient has made sufficient progress to disburse funds. 13. All conferences and workshops using federal preparedness funds must pertain to the project being funded. The Subrecipient agrees to submit a Trip Report when using federal funds to attend a conference or workshop.The Trip Report template can be found at www.vaemeraencv.aov under Reporting Forms. These reports must be remitted with your request for reimbursement.Failure to do so will result in a delay of payment until received. 14. The Subrecipient agrees that under program guidelines,travel expenses are allowable for approved training,planning,administrative,and exercise activities following local,state,and federal guidelines. Prior to traveling for these activities outside of contiguous United States(OCONUS)as well as to Canada and Mexico,preapproval is required by the state and FEMA through the SAA office. Please reference 2 CFR 200.403,in regard to reasonableness when considering requests for travel of this type.Where applicable,you should also reference the following regarding travel:the Wester Hemisphere Travel Initiative'httO:1 .-w,dhs gov1files/o(oo 0*Ac 12006935ZEN-,shtm). Saving lives through effective emergency management and homeland security. "A Ready Virginia is a Resilient Virginia." IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 4th day of April 2022. No. 42324-040422. A RESOLUTION authorizing the acceptance of a Summer Food Program Grant from the Virginia Department of Education; and authorizing execution of any required documents on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke does hereby accept from the Virginia Department of Education a Summer Food Program Grant in the amount of$100,000, such funding to be used to fund partially the expense of providing for the nutritional needs of children and youth during the summer months through the City's Summer Nutrition Program, such grant being more particularly described in the City Council Agenda Report dated April 4, 2022. 2. The City Manager or his designee 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 or his designee is further directed to furnish such additional information as may be required to implement and administer the Summer Food Program Grant. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of April 2022. No. 42325-040422. AN ORDINANCE to appropriate funding from the Federal Government, through the Virginia Department of Education, for the Summer Food Program, amending and reordaining certain sections of the 2021-2022 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 certain sections of the 2021-2022 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Youth Activities 35-620-5204-2157 $ 100,000 Revenues Summer Food Program FY23 35-620-5204-5204 100,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. , t0 o CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: April 4, 2022 Subject: Summer Food Program Background: The City of Roanoke continues to provide for the nutritional needs of children and youth during the summer months through a Parks and Recreation supervised Summer Nutrition Program. Breakfast and lunch are provided to children throughout Roanoke from mid-June through mid-August. An estimated 25,000 meals will be served this summer. Federal funds, up to $100,000, have been awarded to the City by a grant from the Virginia Department of Education. The City is reimbursed on a per meal basis for meals actually served. The remaining funds necessary to staff this program are allocated in the Parks and Recreation operating budget. Considerations: The Summer Food Program is partially funded through the United States Department of Agriculture, Food and Nutrition Service, with the Virginia Department of Education serving as the sponsoring agency in Virginia. The program is similar in concept to the National School Lunch Program with eligibility requirements much like those used to determine eligibility for free or reduced priced meals during the school year. The purpose is to provide nutritionally balanced, healthy meals to children, ages one through eighteen, and those with special needs. Participating locations include: Apple Ridge Farm, Eureka Center, Villages at Lincoln, Indian Rock Village, Jamestown Place, Lansdowne Park, Preston Center, Grandin Court Center, Bluestone Park, Intercept, Hurt Park, and Hunt Manor. Recommended Action: Accept the Summer Food Program grant in the amount of $100,000 and authorize the City Manager and City Clerk to execute and attest respectively, an agreement with the Virginia Department of Education and any other forms necessary to accept such grant, approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $100,000, and appropriate funding in the same amount into an expenditure account to be established in the Grant Fund by the Director of Finance. Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Brent Robertson, Assistant City Manager Amelia C. Merchant, Director of Finance Michael D. Clark, Director of Parks and Recreation 2 CITY OF ROANOKE, VIRGINIA CONTRACT PREPARED FOOD & DELIVERY SERVICES This Contract is dated April 15, 2022, between the City of Roanoke, Virginia, a Virginia municipal corporation, hereinafter referred to as the "City" or "Owner", and School Board of the City of Roanoke, hereinafter referred to as the "School Board," WITNESSETH: WHEREAS, School Board has been awarded this Contract by the City for furnishing all equipment, materials, goods, labor, and services necessary to provide food and deliver services for the City Summer food program and associated work in accordance with this Contract and the documents referred to herein, all such items or services also being referred to hereinafter as the Work or Project. NOW, THEREFORE, THE CITY AND THE SCHOOL BOARD AGREE AS FOLLOWS: SECTION 1. WORK TO BE PERFORMED AND DOCUMENTS. For and in consideration of the money hereinafter specified to be paid by the City to the Contactor for the Work provided for in this Contract to be performed by the School Board, the School Board hereby covenants and agrees with the City to fully perform the services, provide any materials called for, construct, and complete the Work called for by this Contract in a good and workmanlike manner in accordance with this Contract and the documents referred to herein in order to fully and properly complete this Contract within the time stipulated, time being made of the essence for this Contract. It is also agreed by the parties hereto that the documents to this Contract consist of this Contract and the following documents listed below (Contract Documents), all of which are and constitute a part of this Contract as if attached hereto or set out in full herein, viz: 1. Insurance Requirements, Exhibit 1 2. Scope of Work, Exhibit 2 3. Summer Food Services Program Meal Pattern, Exhibit 3 The parties agree that if there are any differences between the provisions of the above referenced documents, the provisions of the City documents and this Contract will control over any School Board supplied documents or information. SECTION 2. CONTRACT AMOUNT. The City agrees to pay the School Board for the School Board's complete and satisfactory performance of the Work, in the manner and at the time set out in this Contract, per breakfast $2.55 and per lunch $4.4875, however, the total contract amount shall not exceed One Hundred Thousand Dollars ($100,000), as provided for in this Contract and that this Contract amount may be increased or decreased by additions and/or reductions in the Work as may be authorized and approved by the City, and the Contract amount may be decreased by the City's assessment of any damages against the School Board, as may be provided for in this Contract or by law, and the City retains the right of setoff as to any amounts of money the School Board may owe the City. SECTION 3. TERM OF CONTRACT. The term of this Contract will be from June 21, 2022, through September 30, 2022, at which time it will terminate, unless sooner terminated pursuant to the terms of the Contract or by law or unless renewed as set forth herein upon mutual agreement. SECTION 4. TIME OF PERFORMANCE. The School Board shall commence the Work to be performed under this Contract on such date as is established and fixed for such commencement by written notice (which may be initially given verbally in an emergency situation) to proceed given by the City representative to the School Board, and the School Board covenants and agrees to fully construct, perform, and complete the Work and/or provide the goods called for by this Contract as specified in the Scope of Work, Exhibit 2, established by such notice. The School Board further agrees that the Work shall be started promptly upon receipt of such notice and shall be prosecuted regularly, diligently, and uninterruptedly at a rate of progress that will ensure full completion thereof in the shortest length of time consistent with the Contract Documents and that School Board will cooperate and coordinate with the other City School Boards or employees doing other work or using the area where School Board is working. SECTION 5. PAYMENT. The School Board may submit a request for payment not more than once each month. The payment requested shall be for the services completed and/or materials provided as required by this Contract and approved by the City. A written progress report may be requested by the City to accompany each payment request and, if so, such progress report shall detail the work completed, identify any problems with the progress of the work, and the remaining work to be done. Also, sufficient documentation of all costs, expenses, materials supplied, and/or hours worked may be requested by the City and, if so, may be required prior to the processing of any such request for payment. Payment will only be made for work actually performed, services actually supplied, and/or materials or goods furnished to the City, all of which need to be approved and accepted by the City prior to such payment, unless otherwise provided for in the Contract documents. Once a payment request has been received by the City, the City will process such payment request. If there are any objections or problems with the payment request, the City will notify the School Board of such matters. If the payment request is approved and accepted by the City, payment will be made by the City to the School Board not more than 30 days after such request has been approved. SECTION 6. PAYMENTS TO OTHERS BY SCHOOL BOARD. The School Board agrees that School Board will comply with the requirements of Section 2.2-4354 of the Virginia Code regarding School Board's payment to other entities and the School Board will take one of the two actions permitted therein within 7 days after receipt of amounts paid to School Board by the City. School Board further agrees that the School Board shall indemnify and hold the City harmless for any lawful claims resulting from the failure of the School Board to make prompt payments to all persons supplying the School Board equipment, labor, tools, or material in connection with the work provided for in the Contract. In the event of such claims, the City may, in the City's sole discretion, after providing written notice to the School Board, withhold from any payment request or final payment the unpaid sum of money deemed sufficient to pay all appropriate claims and associated costs in connection with the Contract and make such payment, if the City determines it to be appropriate to do so. SECTION 7. RESPONSIBILITY OF PARTIES. To the extent permitted by applicable law, each party to this contract will be responsible for the actions, inactions or violations of its officers, employees, and agents in connection with the summer meals program contemplated under this contract, but nothing contained herein shall be construed as a waiver of either the City's or the School Board's sovereign immunity. SECTION 8. COMPLIANCE WITH LAWS REGULATIONS AND IMMIGRATION LAW. School Board agrees to and shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements. School Board further agrees that School Board does not, and shall not during the performance of this Contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. SECTION 10 REPORTS, RECORDS, AND AUDIT. School Board agrees to maintain all books, records and other documents relating to this Contract for a period of three (3) years after the end of each fiscal year included in this Contract. The City, its authorized employees, agents, representatives, and/or state auditors shall have full access to and the right to examine, copy, and/or audit any of such materials during the term of the Contract and during such retention period, upon prior written notice to School Board. SECTION 11. INSURANCE REQUIREMENTS. School Board and any of its subcontractors involved in this Contract shall maintain the insurance coverages set forth in Exhibit 1 to this Contract and provide the proof of such insurance coverage as called for in Exhibit 1, including workers' compensation coverage regardless of the number of School Board's employees. Such insurance coverage shall be obtained at the School Board's sole expense and maintained during the term of the Contract and shall be effective prior to the beginning of any work or other performance by the School Board or others under this Contract. Additional insured endorsements, if required, must be received by the City within 30 days of the execution of this Contract or as otherwise required by the City's Risk Manager. SECTION 12. DEFAULT. If School Board fails or refuses to perform any of the terms of this Contract, including poor services, work or materials, the City may, by written notice to School Board, terminate this Contract in whole or in part. In addition to any right to terminate, the City may enforce any remedy available at law or in equity in connection with such default, and School Board shall be liable for any damages to the City resulting from School Board's default. The City further reserves the right to immediately obtain such work or services from other entities in the event of School Board's default. SECTION 13. NONWAIVER. School Board agrees that the City's waiver or failure to enforce or require performance of any term or condition of this Contract or the City's waiver of any particular breach of this Contract by the School Board extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract by the School Board and does not bar the City from requiring the School Board to comply with all the terms and conditions of the Contract and does not bar the City from asserting any and all rights and/or remedies it has or might have against the School Board under this Contract or by law. SECTION 14. CHOICE OF LAW AND FORUM SELECTION. This Contract shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without application of Virginia's conflict of law provisions. Venue for any litigation, suits, and claims arising from or connected with this Contract shall only be proper in the Roanoke City Circuit Court, or in the Roanoke City General District Court if the amount in controversy is within the jurisdictional limit of such court, and all parties to this Contract voluntarily submit themselves to the jurisdiction and venue of such courts, regardless of the actual location of such parties. The provisions of this Contract shall not be construed in favor of or against either party, but shall be construed according to their fair meaning as if both parties jointly prepared this Contract. SECTION 15. SEVERABILITY. If any provision of this Contract, or the application of any provision hereof to a particular entity or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall not be affected and all other terms and conditions of this Contract shall be valid and enforceable to the fullest extent permitted by law. SECTION 16. NONDISCRIMINATION. A. During the performance of this Contract, School Board agrees as follows: i. School Board 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 School Board. School Board agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ii. School Board in all solicitations or advertisements for employees placed by or on behalf of School Board will state that School Board 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. School Board will include the provisions of the foregoing Section A (i, ii, and iii) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. SECTION 17. DRUG-FREE WORKPLACE. A. During the performance of this Contract, School Board agrees to (i) provide a drug-free workplace for School Board'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 School Board that School Board 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 School Board, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. SECTION 18. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2-4343.1 be advised that the City does not discriminate against faith-based organizations. SECTION 19. ASSIGNMENT. School Board may not assign or transfer this Contract in whole or in part except with the prior written consent of the City, which consent shall not be unreasonably withheld. If consent to assign is given, no such assignment shall in any way release or relieve the School Board from any of the covenants or undertakings contained in this Contract and the School Board shall remain liable for the Contract during the entire term thereof. SECTION 20. CONTRACTUAL DISPUTES. Contractual claims, whether for money or for other relief, shall be submitted, in writing, no later than sixty (60) days after the earlier of the final payment or termination of the Contract or notice from the City to the School Board that the City disputes the amount of School Board's request for final payment. However, written notice of the School Board's intention to file such claim shall 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 School Board. 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 School Board 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 School Board's claim. The decision of the City Manager shall be final and conclusive unless the School Board 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 School Board 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 School Board's right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2 - 4365 of the Va. Code has been established for contractual claims under this Contract. SECTION 21. SUCCESSORS AND ASSIGNS. The terms, conditions, provisions, and undertakings of this Contract shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. SECTION 22. HEADINGS. The captions and headings in this Contract are for convenience and reference purposes only and shall not affect in any way the meaning and interpretation of this Contract. SECTION 23. COUNTERPART COPIES. This Contract may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. SECTION 24. AUTHORITY TO SIGN. The persons who have executed this Contract represent and warrant that they are duly authorized to execute this Contract on behalf of the party for whom they are signing. SECTION 25. NOTICES. All notices must be given in writing and shall be validly given if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, with a receipt, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): To City: City of Roanoke Purchasing Division Attn: Purchasing Manager Noel C. Taylor Municipal Building, Room 202 215 Church Avenue, S.W. Roanoke, Virginia 24011 Facsimile: (540) 853-1513 If to School Board: Verletta White Superintendent Roanoke City Schools 40 Douglas Avenue Roanoke, VA 24012 Notices shall be deemed to be effective one day after sending if sent by overnight courier or three (3) days after sending it by certified mail, return receipt requested. SECTION 26. SUSPENSION OR TERMINATION OF CONTRACT BY CITY. A. The City, at any time, may order School Board to immediately stop work on this Contract, and/or by seven days written notice may terminate this Contract, with or without cause, in whole or in part, at any time. Upon receipt of such notice, the School Board shall immediately discontinue all services affected (unless the notice directs otherwise), and deliver to the City all data (including electronic data), drawings, specifications, reports, project deliverables, estimates, summaries, and such other information and materials as may have been accumulated by the School Board in performing this Contract whether completed or in process (unless otherwise directed by the notice). 1. If the termination or stop work order is due to the failure of the School Board to fulfill any of its Contract obligations, the City may take over the Work and prosecute the same to completion by contract or otherwise. In such case, the School Board shall be liable to the City for any damages allowed by law, and upon demand of City shall promptly pay the same to City. 2. Should this Contract be terminated or work is stopped not due in any way to the fault of the School Board, the School Board shall only be entitled to compensation for services actually performed and materials actually supplied prior to notice of termination or to stop work and which are approved by the City and any applicable federal or state approving agency. No profit, overhead, or any other costs of any type are allowed after the date of such notice of termination or stop work order. 3. The rights and remedies of the City provided in this Section are in addition to any other rights and remedies provided by law or under this Contract and City may pursue any and all such rights and remedies against School Board as it deems appropriate. SECTION 27. 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, School Boards, and subcontractors are applicable to this Contract. SECTION 28. CONTRACT SUBJECT TO FUNDING. This Contract is or may be subject to funding and/or appropriations from federal, state and/or local governments and/or agencies and/or from the Council of the City of Roanoke. If any such funding is not provided, withdrawn, or otherwise not made available for this Contract, the School Board agrees that the City may terminate this Contract on 7 days written notice to School Board, without any penalty or damages being incurred by the City. School Board further agrees to comply with any applicable requirements of any grants and/or agreements providing for such funding. SECTION 29. ENTIRE CONTRACT. This Contract, including any attachments, exhibits, and referenced documents, constitutes the complete understanding between the parties. This Contract may be modified only by written agreement properly executed by the parties. IN WITNESS WHEREOF, the parties hereto have signed this Contract by their authorized representatives. WITNESS: SCHOOL BOARD OF THE CITY OF ROANOKE By Verletta White, Superintendent Printed Name and Title CITY OF ROANOKE, VIRGINIA ATTEST: By Cecelia F. McCoy, City Clerk Robert S. Cowell, Jr., City Manager Printed Name and Title Printed Name and Title Appropriation and Funds Required Approved as to form: for this Contract Certified: 4 City Attorney Director of Finance Account# 35-620- -2157 Approved as to Execution: Date City Attorney EXHIBIT 1 TO CONTRACT PREPARED FOOD & DELIVERY SERVICES SCHOOL BOARD'S AND SUBCONTRACTOR'S INSURANCE Neither the School Board nor any subcontractor shall commence work under this Contract until the School Board has obtained all the insurance policies required under this Section and such insurance has been approved by the City. 1. The following minimum insurance requirements apply: a. Workers' Compensation and Employers' Liability: The School Board shall obtain and maintain the following limits: Workers' Compensation: Statutory Employers' Liability: $100,000 bodily injury by accident each occurrence $500,000 bodily injury by disease (policy limit) $100,000 bodily injury by disease each employee b. Commercial General Liability: Coverage is to be written on an "occurrence" basis, $1,000,000 minimum limit, and such coverage shall include: • Products/Completed Operations • Personal Injury and Advertising Injury • Bodily Injury C. Automobile Liability: Limits for vehicles owned, non-owned or hired shall not be less than: • $1,000,000 Bodily Injury and Property Damage combined single limit 2. Proof of Insurance Coverage: The policies of insurance shall be purchased from a reputable insurer licensed to do business in Virginia and maintained for the life of the Contract by the School Board. Other insurance requirements include the following: a. The School Board shall furnish the City with the required certificates of insurance showing the insurer, type of insurance, policy number, policy term, and limits. b. The required certificates of insurance shall contain substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered except after a thirty (30) day written notice has been received by the Risk Management Officer for the City of Roanoke." C. The required certificates of insurance shall name the City of Roanoke, its officers, agents, volunteers, and employees as additional insureds except with regard to the workers' compensation and employers' liability coverages which shall contain a waiver of subrogation in favor of the City. Additional insured and waiver endorsements shall be received by Roanoke Risk Management from the insurer within 30 days of beginning of this contract. EXHIBIT 2 TO CONTRACT PREPARED FOOD & DELIVERY SERVICES SCOPE OF WORK Parties agree that the School Board shall be responsible for the providing the City with items and services as described herein. A. School Board shall prepare USDA approved breakfasts and lunches for up to 20 sites throughout the City of Roanoke between mid June and late August of each year. Exact dates and amounts will be discussed prior to the start of each contract term. B. Meals shall be prepared and available for City pick-up Monday through Friday of each week the summer program is in effect. C. The City of Roanoke Parks and Recreation will coordinate with School Board the meal order based on participation enrollment at each site. A mutually agreed upon schedule of submitting meal orders will be established before the program begins. D. School Board shall prepare USDA approved breakfast and/or lunch for the follow sites located within the City of Roanoke. The City reserves the right to add/delete locations from this list at any time during the Contract term and any renewals. 1. Apple Ridge Farm 2. Eureka Center 3. Villages at Lincoln 4. Indian Rock Village 5. Jamestown Place 6. Lansdowne Park 7. Preston Center 8. Grandin Court Center 9. Bluestone Park 10. Intercept 11. Hurt Park 12. Hunt Manor SFSP MEAL PATTERN REQUIREMENTS The SFSP meal patterns enable sponsors to serve meals that are appealing and are consistent with the Dietary Guidelines. The meal patterns at 7 CFR 225.16(d) outline the required food components and their minimum serving sizes in order for the meal to be eligible for reimbursement.A food component is one of the food groups that comprise a reimbursable meal. For example,a fruit or vegetable and a meat or meat alternate would be a food component. A food item is a specific food offered within the food component.For example,a 1/2 cup serving of peaches and a 1/z cup serving of pears are two food items in the fruit and vegetable component.The meal patterns chart on page 11 shows the required food components and the minimum required serving sizes of each food component for breakfast, lunch, supper,and snacks. Age Appropriate Meal Patterns e a . x....s.s. .... r. ..s. ..... . . a... ... .....x . • . . . .. ..s..... ... ..€. . . . .. .. ... ...s..... . The SFSP meal patterns were designed for children ages 6 through 12 years old.Therefore,the SFSP meal pattern minimum serving sizes may not be suitable for all children attending the summer site.Active teenagers may need more food than younger children and may feel that the portion sizes are too small.Conversely,for children younger than 6 years old,the serving sizes may be too big. In these situations,sponsors may be approved to serve more age-appropriate portion sizes. Meals for Children ages 12 through 18: Because teenagers have greater food needs,sponsors may serve larger serving sizes than the minimum serving sizes specified in the SFSP meal pattern.There is no maximum serving size in the SFSP meal patterns.Sponsors serving teenagers may also choose to follow the adult meal patterns found in the Child and Adult Care Food Program (CACFP)(7 CFR 226.20(c)),which has larger portion sizes than the SFSP meal patterns.Additionally, extra foods(foods served in addition to the minimum portion sizes to meet the meal pattern requirements) may always be served to improve the nutritional status of participating children. However, meals containing additional foods or larger portion sizes than the minimum required serving size are reimbursed at the same reimbursement rate as regular SFSP meals. ..................................................................I................. 9 ................................................I............,.............. Meals for Children Under 6 Years Old:State agencies Edition of Questions and Answers for the National School may authorize sponsors to follow the CACFP meal Lunch Program's Seamless Summer Option htt s: fns- pattern requirements(7 CFR 226.20)for children prod.azureedge.net/sites/default/files/cn/SP09- under six years old,which include smaller serving sizes 2017os reissue.pdf for more information. than are indicated in the SFSP meal pattern.The sponsor must be able to ensure that each age group is SFAs participating in the SFSP (rather than the SSO) may receiving the appropriate minimum serving sizes choose to follow the SFSP meal patterns or the NSLP or indicated in the CACFP meal pattern. Food should School Breakfast Program (SBP) meal patterns always be of a texture and a consistency that is (7 CFR 225.16(f)(1)(i)) as applicable.SFAs may begin appropriate for the age and development of the following the NSLP or SBP meal pattern requirements at children being served. For example,fruit should be cut any time during the year. If an SFA chooses to make this into smaller pieces so that it is easier for younger switch,the SFA must notify its State agency, but the SFA children to eat. does not need prior approval.This flexibility allows SFAs to seamlessly continue implementation Infants: A sponsor must receive State agency approval of the NSLP or SBP meal pattern requirements year- prior to serving meals to infants(birth through 11 round. months of age) (7 CFR 225.16(f)(2)). Once approved to serve meals to infants,sponsors must follow the Sponsors should refer to the SFSP Administrative CACFP infant meal pattern requirements(7 CFR Guidance for Sponsors for more details, or contact their 226.20(b)). State agency that administers the SFSP.SFSP sites choosing to follow the meal pattern requirements of School Food Authorities(SFAs) participating in the another Child Nutrition Program must follow all of that Seamless Summer Option (SSO)are required to follow Program's meal pattern service requirements. the NSLP meal pattern requirements, not the SFSP meal pattern requirements. However,SFAs operating CACFP MEAL PATTERNS:Sponsors that choose to the SSO at open and restricted open sites that are follow the CACFP meal patterns need to be aware having difficulty implementing the NSLP meal pattern that the CACFP meal pattern requirements were for each age/grade group may work with their State recently updated.The updated CACFP meal pattern agency to make accommodations. For example,the requirements went into effect on October 1, 2017. State agency may approve the SFA to follow the meal SFSP sponsors following the CACFP meal pattern pattern requirements for a single age/grade group. requirements must comply with the updated CACFP This flexibility increases the ability of SFAs with a wide meal patterns starting Summer 2018. For more information on the updated CACFP meal patterns, age range of children attending their site to more please visit: http://www.fns.usda.gov/cacfp/meals- easily participate in SSO while still meeting the meal and-snacks. pattern requirements. Refer to SP 09-2017,2017 .......................................................................................... 10 .......................................................................................... SUMMER FOOD SERVICE PROGRAM MEAL PATTERNS • . . COMPONENTS SUPPER AND • • . ITEMS Serve all three Serve all four Serve two . Milk REQUIRED REQUIRED lcup'(Yzpint, lcup(%.pint, lcup(%pint, Fluid milk(whole, low-fat,or fat-free) 8 fluid ounces)• 8 fluid ounce s)3 8 fluid ounces)• Vegetables and Fruits— REQUIRED REQUIRED Equivalent quantity of any combination of... Vegetable or fruit or x cup %cup total° cup Full-strength vegetable or fruit juice % cup(4 fluid ounces) %cup(6 fluid ounces)s Grains/Breads'— REQUIRED REQUIRED Equivalent quantity of any combination of... Bread or lslice lslice lslice Cornbread, biscuits,rolls,muffins,etc. or 1 serving 1 serving' 1 serving Cold dry cereal or '/cup or 1 ounce$ /cup or 1 ounce$ Cooked cereal or cereal grains or Y. cup Y.cup Y.cup Cooked pasta or noodle products Y2 CUP YZ cup Y.cup Meat/Meat Alternates OPTIONAL REQUIRED Equivalent quantity of any combination of... Lean meat or poultry or fish or lounce 2 ounces 1 ounce Alternate protein products"or lounce 2 ounces 1 ounce Cheese or lounce 2 ounces 1 ounce Egg(large)or YZ 1 Y. Cooked dry beans or peas or i cup % cup' %cup' Peanut or other nut or seed butters or 2 tablespoons 4 tablespoons 2 tablespoons 10 1 ounce=50%tt 1 ounce Nuts or seeds or 12 4 ounces or Y.cup 8 ounces or 1 cup 4 ounces or%cup Yogurt 1 For the purposes of the requirement outlined in this table,a cup means a 7 Serving sizes and equivalents will be in guidance materials to be distributed standard measuring cup by FNS to State agencies 2 Served as a beverage or on cereal or used in part for each purpose 8 Either volume(cup)or weight(ounces),whichever is less 3 Served as a beverage 9 Must meet the requirements of 7 CFR 225 Appendix A 4 Serve two or more kinds of vegetable or fruits or a combination of both. 10 Tree nuts and seeds that may be used as meat alternate are listed in Full strength vegetable or fruit juice may be counted to meet not more than program guidance one-half of this requirement 11 No more than S0 percent of the requirement shall be met with nuts or 5 Juice may not be served when milk is served as the only other component seeds.Nuts or seeds shall be combined with another meat/meat 6 Bread,pasta or noodle products,and cereal grains(such as rice,bulgur,or alternate to fulfill the requirement.For purposes of determining corn grits)shall be whole-grain or enriched.Cornbread,biscuits,rolls, combinations,one ounce of nuts or seeds is equal to one ounce of cooked muffins,etc,shall be made with whole-grain or enriched meal or flour.Cereal lean meat,poultry or fish shall be whole-grain,enriched,or fortified 12 Plain or flavored,unsweetened or sweetened ................................................................................. 11 .......................................................................................... ..t V IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 4h day of April 2022. No. 42326-040422. A RESOLUTION authorizing the acceptance of an Employment Advancement for Temporary Assistance to Needy Families (TANF) Participants grant from the Commonwealth of Virginia, Department of Social Services (VDSS); authorizing the City of Roanoke to serve as the primary fiscal agent for the distribution of such funds to the provider agencies for services provided to the local departments of social services (DSS) in Roanoke City, Roanoke County, Franklin County, Botetourt County, and Craig County; and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Employment Advancement for TANF Participants grant from the VDSS,in the amount of$204,979.55, with no required local match, for the period commencing July 1, 2022, through June 30,2023,is hereby ACCEPTED. The grant shall be used for the purpose of providing, maintaining, and improving existing services to eligible TANF recipients that include job development and placement,mental health screening and referral,and medical case management,by the provider agencies which comprise the Southwest Virginia Regional Employment Coalition, for services provided to the local departments of social services in Roanoke City, Roanoke County, Franklin County, Botetourt County, and Craig County, along with Total Action for Progress, and Goodwill Industries of the Valleys, designed to assist such recipients obtain employment or,where appropriate, an alternative disability income, as further set forth in the City Council Agenda Report dated April 4, 2022. 2. The City of Roanoke is authorized to be the primary fiscal agent for this grant, and shall be responsible for distributing the grant proceeds to the provider agencies for services provided to the local DSS agencies. 3. The City Manager is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these funds,and to furnish such additional information as may be required in connection with the City's acceptance of the grant funds. All such documents shall be approved as to form by the City Attorney. ATTEST: �.e� --- City Clerk. _ 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA ,( The 4th day of April 2022. No. 42327-040422. AN ORDINANCE to appropriate funding from the Federal Government through the Commonwealth of Virginia Department of Social Services for the Southwest Virginia Regional Employment Coalition Grant, amending and reordaining certain sections of the 2022-2023 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 2022-2023 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services 35-630-8874-2010 $ 204,980 Revenues SWVA Regional Employment Coalition FY23 35-630-8874-8874 204,980 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. - _- �4oF a°q�'o .. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: April 4, 2022 Subject: Southwest Virginia Regional Employment Coalition Background: The City of Roanoke Department of Social Services (DSS), in collaboration with the local departments of Social Services in Roanoke County, Franklin County, Craig County, and Botetourt County, along with Total Action for Progress (TAP) and Goodwill Industries of the Valleys, was awarded funding for the Employment Advancement for Temporary Assistance to Needy Families (TANF) Participants grant from the Virginia Department of Social Services (VDSS) in the amount of $204,979.55 for the operating period of July 1 , 2022 through dune 30, 2023. The agencies named have formed the Southwest Virginia Regional Employment Coalition. The grant is to assist citizens of our localities who are receiving TANF benefits to obtain employment or, where appropriate, an alternative disability income. The City of Roanoke is to be the primary fiscal agency for this grant, and is to be responsible for distributing the grant proceeds to the provider agencies for services provided to the local departments of social services. Considerations: The above grant funding is required to maintain existing services to the TANF population such as job development/placement, mental health screening and referral, and medical case management, which will enable them to obtain employment. When appropriate, Supplemental Social Security Income advocacy is provided in 'an effort to obtain an alternative monthly disability income for this population. Recommended Action: Adopt a resolution accepting the grant as presented, authorizing the City of Roanoke to be the fiscal agent for the grant, and authorizing the City Manager or his designee to execute all appropriate documents related to the acceptance of the funding. All documents shall be in such form as approved by the City Attorney. Adopt the accompanying budget ordinance to increase the revenue estimate in the amount of $204,979.55 and to appropriate the same to the expenditure account for Social Services programs to be available July 1 , 2022. This program has no local match, but is funded at 100%. Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers W. Brent Robertson, Asst. City Mgr. for Community Development Amelia C. Merchant, Director of Finance Steven W. Martin, Director of Human/Social Services 2 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 CECELIA F.MCCOY,CMC CECELIA T.WEBB,CMC City Clerk Deputy City Clerk April 5, 2022 Richard L. Caywood County Administrator Roanoke County P. O. Box 29800 Roanoke, Virginia 24018-0798 Dear Mr. Caywood: I have enclosed a copy of Resolution No. 42328-040422 authorizing the City Manager to enter into an agreement with Roanoke County for the continuation of therapeutic recreation services, which measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, April 4, 2022. Sincerely, Cecelia F. McCoy City Clerk Enclosure c: Brent Robertson, Assistant City Manager Michael Clark, Director of Parks and Recreation JD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of April 2022. No. 42328-040422. A RESOLUTION authorizing the City Manager to enter into an agreement with Roanoke County for the continuation of therapeutic recreation services, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, an Agreement between the City of Roanoke and Roanoke County, with four (4) potential annual renewals, for the continuation of therapeutic recreation services for citizens with disabilities for fiscal year 2022-2023, all as more fully set forth in the City Council Agenda Report dated April 4, 2022, to this Council, such Agreement to be approved as to form by the City Attorney. 2. Funding for such therapeutic recreation services for citizens with disabilities for the fiscal year 202-20232 shall not exceed $58,000. ATTEST: City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: April 4, 2022 Subject: Agreement with Roanoke County for Therapeutic Recreation Services Background: The Parks and Recreation Department has worked in partnership with the Roanoke County Parks and Recreation Department since 1987 to provide therapeutic recreation services for our citizens. The City funds $58,000 worth of therapeutic recreation services per year, which is representative of the percentage of City residents that the County serves through its therapeutic recreation programs. Funding in the amount of $58,000 for the therapeutic recreation allocation is budgeted in account 01 -620-71 10-2138. An agreement has been prepared to ensure that the expectations of all parties are clearly stated and understood. In summary, the County shall operate, fund and manage a year round therapeutic recreation program serving residents of the City and the County with disabilities. The therapeutic recreation program shall consist of programs which provide specialized/leisure services that empower people with disabilities to gain the knowledge and skills for the development of a leisure lifestyle which meets their interests and needs. Recommended Action: Authorize the City Manager to execute the attached Agreement with Roanoke County for continuation of therapeutic recreation services with four (4) annual renewals. Such Agreement shall be approved as to form by the City Attorney. --------------------------- Robert S. Cowell, fir. City Manager Distribution: Council Appointed Officers Brent Robertson, Assistant City Manager Michael Clark, Director of Parks and Recreation Amelia C. Merchant, Director of Finance Richard L. Caywood, Administrator of Roanoke County Agreement Between Roanoke County Board of Supervisors and City of Roanoke for Therapeutic Recreation Services This Agreement is hereby made and entered into this Is'day of July,2022 by and between the City of Roanoke (on behalf of its Department of Parks and Recreation (hereinafter, "City"), and Roanoke County Board of Supervisors on behalf of its Department of Parks, Recreation and Tourism(hereinafter, "County"). WHEREAS, the City and the County recognize that certain citizens, both minors and adults, are unable to participate in more traditional activities offered by each localities' parks and recreation department,and further,wish to provide such therapeutic recreation services to enhance the quality of life for citizens. This Agreement shall consist of this document and Attachments A and B, which are incorporated herein by reference. The parties agree to the following terms: A. PURPOSE The parties believe it would be in the best interests of the citizens of the County and citizens of the City to define, develop, and expand the framework of cooperation between the City and County for provision of therapeutic recreation services for residents of both localities. This partnership will provide taxpayers with improved effectiveness and efficiency in the delivery of therapeutic recreation services, and avoid the duplication of services, thereby saving tax monies. B. TERM The initial term of this Agreement shall be from July 1,2022 until June 30, 2023. This Agreement shall be renewed for up to four (4) additional one-year terms thereafter, unless the Agreement is sooner terminated. During or after the initial term, either party may terminate this Agreement for cause or no cause with one year's notice, in writing, due no later than June 30 of any term this Agreement is in force and effect. C. STATEMENT OF MUTUAL BENEFIT AND INTERESTS Benefits to the City include an active partnership with the County to plan, coordinate and implement therapeutic recreation programs and services for City residents, while adhering to the principles and mandates of the Americans with Disabilities Act of 1990 and the Americans with Disabilities Act Amendments Act of 2008. Benefits to the County include designated funding from the City for the provision of said therapeutic recreation programs and services. 1 D. OBLIGATIONS OF COUNTY Under this Agreement, the County shall: 1. Operate, fund and manage a year round therapeutic recreation program serving residents of the City and County with disabilities. The therapeutic recreation programs shall consist of programs that provide specialized life skills and health and wellness recreational services that empower persons with disabilities to gain the knowledge and skills needed for overall well-being and improved quality of life. Such programs shall include: a. ACE Camp—a summer camp for individuals between the ages of five and twenty- one who have severe and profound developmental/cognitive disabilities; and b. Life skills, cultural arts, outdoor & trips, and fitness & wellness programs. These are year-round programs for adult therapeutic recreation participants; these programs focus on social skills, activities of daily living, self-expression, fine and gross motor skills,physical fitness, and leisure education. 2. Designate one staff person—County Therapeutic Recreation Supervisor- to be the point of contact for all communications, negotiations, scheduling, etc.,with regard to City residents. 3. Provide a level of service commensurate with the level of financial and in-kind contributions from the City. The level of service is based on the number of City residents who were served in our Therapeutic Recreation Program in relationship to City's financial contribution. Attachment A provides a detailed financial analysis of how the services were distributed. 4. Provide City Parks &Rec staff with disability awareness training one time per year. 5. Put the City logo (single color)on marketing materials where deemed appropriate. 6. Provide City staff guidance when determining reasonable accommodations for any given participant participating in City general programs as needed or requested; however such guidance shall not be in lieu of guidance from the City Attorney's office regarding ADA matters. 7. Provide City with an annual report showing the average cost per participant, and the components of the cost, along with participation trends during the previous fiscal year for each program. Such components shall include salary and benefit costs of the staff, and the necessary programming costs such as equipment and transportation spent from the general fund. This report shall be provided no later than 1 September of each year during the term of this Agreement for the prior fiscal year(July 1 to June 30). 2 E. OBLIGATIONS OF THE CITY Under this Agreement, the City shall: 1. Remit an annual payment to the County in support of therapeutic recreation programs and services provided by the County pursuant to this Agreement. Beginning with the 2022- 2023 Fiscal Year, the City's contribution for provision of these services will be $58,000.00. 2. Designate one staff person, Community Recreation Coordinator, to be the point of contact for all communications, negotiations, scheduling, etc. 3. Provide reasonable access to program space in City owned and operated facilities and parks. County use of these facilities will be coordinated through City Parks & Rec staff and will be subject to City program schedules and budget constraints. 4. Provide 40 hours of accessible transportation at an hourly rate of$15/hr to pay for driver costs, meals, and admissions per year using their vehicles and drivers. Scheduling will be subject to the transportation needs of the City. The City further agrees to allow the County to purchase additional hours of accessible transportation from the City at a rate equal to the City's direct costs for the transportation, such direct costs to include wages and benefits for the employer providing the service. Scheduling will be subject to City program schedules. 5. Provide advertising space in PLAY Magazine, the City's program brochure, equal to Explore Recreation the County's program brochure, for promoting therapeutic recreation programs and services provided by the County. 6. Modify their scholarship program for persons with disabilities who do not have the financial ability to pay for participation in the County's programs to include all ages. For participation in the County's therapeutic recreation programs and services, City residents who qualify for financial assistance will be funded by the City via an annual invoice provided by the County. County residents who qualify for financial assistance will be funded by the County. 7. Provide reasonable accommodations in City general programs when this alternative provides the least restrictive environment for the participant, and when such accommodations are requested by the participant. 3 F. INSURANCE: The County shall comply with the insurance requirements set forth below: Required by Risk Manager X Not Required by Risk Manager 1. Neither the Contractor nor any subcontractor shall commence work under the Contract until the Contractor has obtained and provided proof of the required insurance coverages to Risk Management for the City of Roanoke, and such proof has been approved by Risk Management for the City of Roanoke. The Contractor confirms to the City that all subcontractors to be used have provided Contractor with proof of such insurance, or will do so prior to commencing any work under the Contract. 2. Contractor, including all subcontractors, shall, at its sole expense, obtain and maintain during the life of the Contract the insurance policies and/or coverages required by this section. The City and its officers, employees, agents, assigns, and volunteers shall be added as an additional insured to the general liability and automobile coverages of any such policies and such insurance coverages shall be primary and noncontributory to any insurance and/or self-insurance such additional insureds may have. The Contractor shall immediately notify in writing the City of any changes, modifications, and/or termination of any insurance coverages and/or policies required by this Contract. The Contractor shall provide to the City with the signed Contract and Accord Certificate of Insurance which states in the description of operations section one of the two paragraphs below: a. The City and its officers, employees, agents assigns, and volunteers are additional insureds as coverage under this policy includes ISO endorsement CG 20 33 which provides that the insured status of such entities is automatic if required by a contract or a written agreement. If additional insured status is automatic under a different coverage form, Contractor must attach a copy of the coverage form to its certificate. Any required insurance policies shall be effective prior to the beginning of any work or other performance by Contractor and any subcontractors under this Contract. OR b. ISO endorsement CG 20 10 will be issued,prior to the beginning of any work or other performance by Contractor under the Contract,to the City and its officers,employees,agents,assigns,and volunteers naming them as an additional insured under the general liability coverage. A copy of the binder confirming the issuance must be attached to the certificate. Any required insurance policies shall be effective prior to the beginning of any work or other performance by Contractor and any subcontractors under the Contract. 4 3. The minimum insurance policies and/or coverages that shall be provided by the Contractor, including its subcontractors, include the following: a. Commercial General Liability: $1,000,000.00 $1,000,000.00 General Aggregate Limit (other than Products/Completed Operations). $1,000,000.00 Products/Completed Operations Aggregate Limit. $1,000.000.00 Personal Injury Liability (including liability for slander, libel, and defamation of character). $1,000.000.00 each occurrence limit b. Automobile Liability: $1,000,000.00 combined single limit. (If operating a personal vehicle on City property). c. Workers' Compensation and Employer's Liability: Workers' Compensation: statutory coverage for Virginia Employer's Liability: $100,000.00 Bodily Injury by Accident each occurrence $500,000.00 Bodily Injury by Disease Policy Limit $100,000.00 Bodily Injury by Disease each employee d. The required limits of insurance for the contract may be achieved by combining underlying primary coverage with an umbrella liability coverage to apply in excess of the general and automobile liability policies, provided that such umbrella liability policy follows the form of the underlying primary coverage. e. Such insurance policies and/or coverages shall provide for coverage against any and all claims and demands made by a person or persons or any other entity for property damages or bodily or personal injury (including death) incurred in connection with the services, work, items, and/or other matters to be provided under the Contract with respect to the commercial general liability coverages and the automobile liability coverages. With respect to the workers' compensation coverage, Contractor's and its subcontractors' insurance company shall waive rights of subrogation against the City and its officers, employees, agents, assigns, and volunteers. 5 f. Contractor shall provide such other insurance policies and/or coverages that may be required by other parts of this Contract. 4. Proof of Insurance Coverage: a. Contractor shall furnish the City with the above required certificates of insurance showing the type, amount, effective dates, and date of expiration of the policies. b. Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such wavier shall be specified on the certificate of insurance. 5. Insurance coverage shall be in a form and with an insurance company approved by the City,which approval shall not be unreasonably withheld. Any insurance company providing coverage under the Contract shall be authorized to do business in the Commonwealth of Virginia. (1) The Contractor's insurance policies and/or coverages shall not contain any exclusions for the Contractor's subcontractors. 6. The continued maintenance of the insurance policies and coverages required by the Contract is a continuing obligation, and the lapse and/or termination of any such policies or coverages without approved replacement policies and/or coverages being obtained shall be grounds for termination of the Contractor for default. 7. Nothing contained in the insurance requirements is to be construed as limiting the liability of the Contractor, and/or its subcontractors, or their insurance carriers. The City does not in any way represent that the coverages or the limits of insurance specified are sufficient or adequate to protect the Contractor's interest or liabilities, but are merely minimums. The obligation of the Contractor, and its subcontractors, to purchase insurance shall not in any way limit the obligations of the Contractor in the event that the City or any of those named above should suffer any injury or loss in excess of the amount actually recoverable through insurance. Furthermore, there is no requirement or obligation for the City to seek any recovery against the Contractor's insurance company before seeking recovery directly from the Contractor. G. LIABILITY: Each party shall be liable for its own negligent acts and/or omissions or those negligent acts and omissions of the party's agents, employees, successors, and assigns. 6 H. CONTRACTORS AND STAFF: Both parties to this Agreement shall verify that any and all contractors, subcontractors, employees, agents, and assigns providing services under this Agreement have not been convicted of any crime that would be a barrier crime to working with minors or any other crime that would prevent the contractor, subcontractor, employee, agent or assign from working with this vulnerable population. I. MODIFICATION: This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement shall not be amended or modified except by written instrument signed by both parties. J. All funds for payments required of the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City Council of the City of Roanoke. In the event of non-appropriation of funds by the City Council of the City of Roanoke for the Services provided under this Agreement, this Agreement, without termination charge or other liability of the City, shall be considered terminated on the last day of the then current fiscal year or when the appropriation made for the then current year for the Services covered by this Agreement is spent,whichever event occurs first. If funds are not appropriated at any time for the continuance of this Agreement, cancellation will be accepted by the County on thirty(30) days prior written notice, but failure to give such notice shall be of no effect and the City of Roanoke shall not be obligated under this Agreement beyond the date of termination. If the funding is not appropriated by the City Council of the City of Roanoke, the City is obligated to pay for services provided up until the termination. Should this Agreement be terminated, Therapeutic Recreation Services provided by the County will no longer be available to Roanoke City Residents. K. The provisions of this Agreement are for the exclusive benefit of the parties hereto and not for the benefit of any third person, nor shall this Agreement be deemed to have conferred any rights express or implied,upon any third person unless otherwise expressly provided for herein. Board of Supervisors of Roanoke County Richard L. Caywood, Administrator Date Roanoke County Robert S. Cowell, Jr., City Manager Date Roanoke, Virginia 7 The Roanoke Times Account Number Roanoke,Virginia 6007932 Affidavit of Publication Date March 25,2022 CITY OF ROANOKE-CLERKS OFFICE Attn Cecelia Webb 215 CHURCH AVE SW ROOM 456 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost _- 1,283.48 03/31/2022 Any Virginia ROA NOTICE OF VACANCY ROANOKE CITY COUNCIL AND NO 3 x 0.00 IN Publisher of the Roanoke Times I,(the undersigned)an authorized representative of the Roanoke Times,a daily newspaper published in Roanoke, in the State of Virginia,do certify that the annexed notice NOTICE OF VACANCY ROANOK was published in said newspapers on the following dates: 03/25/2022 The First insertion being given ... 03/25/2022 Newspaper reference: 0001319519 Billing Representative Sworn to and subscribed before me this 25th Day of March 2022 Notary Public�� Q-� .ZZ . NOTRRY State of Virginia iCo., u�uc County of Hanover � n MREG. OA#Aiav116s g 1't My Commission expires 202 5 �s Juiy 31, :�,bio• 1 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF VACANCY ROANOKE CITY COUNCIL AND NOTICE OF PUBLIC HEARING The Council of the City of Roanoke is seeking applicants for a vacancy on Council,the term of office which will run from the date of appointment through December 31, 2022. The Roanoke City Circuit Court has issued a Writ of Election requiring a special election be held at the November 8, 2022 general election to fill the remainder of the unexpired term of Robert L. Jeffrey, Jr., commencing January 1,2023,and expiring December 31,2024.Council will fill that portion of the vacancy through December 31, 2022. Applicants must submit a written statement of interest, which shall include 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. The statement of interest shall also provide that the applicant agrees to be interviewed before City Council on April 4,2022,if so selected. Applicants must be residents of the City and eligible to vote in the City of Roanoke. Statements of Interest must be delivered in hand to the City Clerk at Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke,Virginia or sent via email to the City Clerk at clerk@roanokeva.gov by 4:00 p.m.on Friday,April 1,2022. On April 4,2022,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 April 4,2022,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. On April 4,2022,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 Chamber, Fourth Floor, Noel C.Taylor Municipal Building,215 Church Avenue, S.W., Roanoke, Virginia. City Council will announce its appointment during the 2:00 p.m. session of City Council on Monday, April 18,2022. Please contact the City Clerk at (540)853-2541 or clerkpe roanokeva.gov by 4:00 p.m.on Monday,April 4,2022, to register to speak at the public hearing. The City Clerk will provide you with information to access the public hearing if conducted by electronic communication means and present your views. 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,by 12:00 p.m., Noon,on March 31,2022. GIVEN under my hand this 24th day of March 2022. Cecelia F.McCoy,City Clerk. NOTICE OF VACANCY ROANOKE CITY COUNCIL AND NOTICE OF PUBLIC HEARING The Council of the City of Roanoke is seeking applicants for a vacancy on Council,the term of office which will run from the date of appointment through December 31, 2022. The Roanoke City Circuit Court has issued a Writ of Election requiring a special election be held at the November 8, 2022 general election to fill the remainder of the unexpired term of Robert L. Jeffrey, Jr., commencing January 1,2023,and expiring December 31,2024. Council will fill that portion of the vacancy through December 31,2022. Applicants must submit a written statement of interest,which shall include 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. The statement of interest shall also provide that the applicant agrees to be interviewed before City Council on April 4,2022,if so selected. Applicants must be residents of the City and eligible to vote in the City of Roanoke. Statements of Interest must be delivered in hand to the City Clerk at Room 456,Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,Roanoke,Virginia or sent via email to the City Clerk at clerka roanokeva.gov by 4:00 p.m. on Friday, April 1, 2022. On April 4, 2022, 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 April 4, 2022, 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. On April 4, 2022, 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 Chamber, Fourth Floor,Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. City Council will announce its appointment during the 2:00 p.m. session of City Council on Monday, April 18, 2022. Due to the COVID-19 pandemic disaster, City Council may conduct the interviews and this public hearing through electronic communication means without a quorum of City Council physically present in the Council Chamber, as permitted by law. Please contact the City Clerk at (540)853-2541 or clerk'Ei)roanokeva.gov by 4:00 p.m. on Monday,April 4,2022,to register to speak at the public hearing. The City Clerk will provide you with information to access the public hearing if conducted by electronic communication means and present your views. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at 853-2541, by 12:00 p.m.,Noon, on March 31, 2022. GIVEN under my hand this 24th day of March 2022. Cecelia F. McCoy, City Clerk. NOTE TO PUBLISHER: Publish in full once in the Virginia Section of The Roanoke Times on Friday,March 25, 2022. Send publisher's affidavit and bill to: Cecelia F. McCoy, City Clerk Room 456,Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011-1536 NOTE TO PUBLISHER: Publish in full once in the Virginia Section of The Roanoke Tribune on Thursday,March 24,2022. Send publisher's affidavit and bill to: Cecelia F. McCoy, City Clerk Room 456,Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011-1536