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9/26/2017 - Regular
Roanoke County Board of Supervisors September 26, 2017 NOTE: There will not be a 7:00 p.m. evening session as no public hearings are scheduled. INVOCATION: PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: "Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board." Page 1 of 5 Roanoke County Board of Supervisors Agenda September 26, 2017 Good afternoon and welcome to our meeting for September 26, 2017. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Board of Supervisors meetings can also be viewed online through Roanoke County's website at www.RoanokeCountvVA.gov. Our meetings are closed -captioned, so it is important for everyone to speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS D. BRIEFINGS 1. Briefing to update the Board of Supervisors on the Mountain Valley Pipeline project (Richard Caywood, Assistant County Administrator) Page 2 of 5 E. NEW BUSINESS 1. Resolution amending the Virginia Department of Transportation (VDOT) Secondary Six -Year Road Improvement Plan for fiscal years 2018 through 2023 and the Construction Priority List and Estimated Allocations for fiscal year 2018 by establishing a new Secondary System project and transferring Six -Year Plan Construction Formula Funds to the project (Richard Caywood, Assistant County Administrator) F. FIRST READING OF ORDINANCES 1. Ordinance Amending Roanoke County Code Chapter 16.1 - Precious Metals and Gems (Howard B. Hall, Chief of Police; Peter Lubeck, Senior Assistant County Attorney) 2. Ordinance approving an extension of an Intergovernmental Agreement between the City of Roanoke, the City of Salem and the County of Roanoke for the establishment of a regional collision center with Roanoke Accident Support Services, LTD (Howard B. Hall, Chief of Police; Peter Lubeck, Senior Assistant County Attorney) G. SECOND READING OF ORDINANCES 1. Ordinance of the Board of Supervisors of the County of Roanoke, Virginia approving the lease financing of various capital projects for the County and authorizing the leasing of certain County -owned property, the execution and delivery of a prime lease and a local lease acquisition agreement and financing lease, and other related actions (Rebecca Owens, Director of Finance) 2. Ordinance accepting and appropriating funds in the amount of $1,084,206 from the Department of Homeland Security (DHS) Staffing for Adequate Fire and Emergency Response (SAFER) Grant (Stephen G. Simon, Chief of Fire and Rescue; Christopher R. Bever, Director, Management and Budget) H. APPOINTMENTS 1. Budget and Fiscal Affairs (BFAC)(appointed by District and At -Large) 2. Economic Development Authority (EDA)(appointed by District) 3. Library Board (appointed by District) 4. Social Services Advisory Board (appointed by District) Page 3 of 5 I. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes — July 25, 2017 2. Request to accept and allocate grant funds in the amount of $142,868 from the Virginia Department of Criminal Justice Services Virginia Victim Witness Fund 3. Request to accept and allocate grant funds in the amount of $238,653 from the Virginia Department of Motor Vehicles for the Selective Enforcement Grant for the Sober on All Roads (SOAR) Task Force 4. Request to accept and allocate grant funds from the Division of Motor Vehicle for the Selective Enforcement Grants in the amount of $149,625 5. Request to accept and allocate funds in the amount of $13,524.50 from the Commonwealth of Virginia for the Library of Virginia's Records Preservation Program 6. Request to accept and allocate grant funds in the amount of $5,217.70 from the U. S. Department of Justice's Bulletproof Vest Partnership 7. Resolution requesting the Roanoke Valley Transportation Planning Organization to fund a list of projects for the Fiscal Year 2019-2024 Regional Surface Transportation Program 8. Confirmation of appointment to the Budget and Fiscal Affairs Committee (BFAC) (At -Large) J. CITIZENS' COMMENTS AND COMMUNICATIONS K. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report 3. Comparative Statement of Budgeted and Actual Revenues as of August 31, 2017 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of August 31, 2017 5. Accounts Paid - August 31, 2017 Page 4 of 5 6. Proclamation signed by the Chairman - Mental Illness Awareness Week 7. Proclamation signed by the Chairman - Roanoke Valley Domestic Violence Awareness Month L. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Martha B. Hooker 2. P. Jason Peters 3. George G. Assaid 4. Al Bedrosian 5. Joseph P. McNamara M. WORK SESSIONS 1. Work session to review with the Board of Supervisors the preliminary and unaudited budget and financial results for fiscal year ending June 30, 2017 for the County of Roanoke, Virginia (Rebecca Owens, Director of Finance; Christopher R. Bever, Director of Management and Budget) N. ADJOURNMENT Page 5 of 5 ACTION NO. ITEM NO. D.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: September 26, 2017 Briefing to update the Board of Supervisors on the Mountain Valley Pipeline project Richard Caywood Assistant County Administrator Thomas C. Gates County Administrator This time has been set aside to update the Board of Supervisors on the Mountain Valley Pipeline project. Page 1 of 1 ACTION NO. ITEM NO. E.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: September 26, 2017 Resolution amending the Virginia Department of Transportation (VDOT) Secondary Six -Year Road Improvement Plan for fiscal years 2018 through 2023 and the Construction Priority List and Estimated Allocations for fiscal year 2018 by establishing a new Secondary System project and transferring Six -Year Plan Construction Formula Funds to the project Richard Caywood Assistant County Administrator Thomas C. Gates County Administrator A resolution is required to establish a new project in the Virginia Department of Transportation (VDOT) Secondary System Six -Year Improvement Program and to the transfer of funding. BACKGROUND: The 2016 Appropriation Act directed Construction Formula funds, allocated prior to and through fiscal year 2010, to advance priority transportation projects in those localities. Any funds remaining on a project that has been completed, or not fully funded and advancing toward completion, are subject to de -allocation in a rolling process based on the original year in which the funds were programmed. Staff and VDOT both recommend the transfer of all funds that are subject to this de -allocation process to ensure the balance will remain in Roanoke County and not redistributed statewide through the Smart Scale Process. VDOT has identified $1,515,609 Construction Formula funds remaining on the following projects that are either completed or not fully funded and able to advance to completion: Page 1 of 3 $704,348 on McVitty Road (UPC 15187, project not fully funded) $202,026 on Old Cave Spring Road (UPC 15188, project not fully funded) $609,235 on Cotton Hill Road (UPC 15190, project competed) DISCUSSION: In order to make a transfer that conforms to the 2016 Appropriation Act, funds must be moved to a fully funded project. Roanoke County has no existing underfunded projects where this transfer would fully fund the project and enable it to move forward. Staff recommends the creation of a new project, recommended in the draft 419 Town Center Plan, to which the funds could be transferred. The recommended project is an extension of Fallowater Lane Extension from Electric Road to Chevy Road. The draft 419 Town Center Plan recommends improving connectivity in the study area by creating a more gridded street network. One specific recommendation is to extend Fallowater Lane from its current terminus at Starkey Road and Fallowater Lane (Food Lion side of Old Country Plaza) past the office condominiums and Madison Square to a new intersection at Route 419. Fallowater Lane would then continue up the existing private driveway between Rancho Viejo and Shell, past Chuck E. Cheese to eventually terminate at Elm View Road. This connection would provide appropriate access to future development anticipated for the land designated as The Ridges in the draft 419 Town Center Plan. The proposed road project, from Route 419 to Chevy Road, would upgrade the existing private drive to public road standards and construct a new section between the end of the existing private driveway and Almond Road (private) where eastern and southern stub outs would be created for future road segments. A short section of Almond Road would be upgraded to minimal public road standards between the new Fallowater Lane extension and the intersection with Chevy Road, an existing public road. The estimated cost of this project is $2,500,000. As future development takes place, an extension from the Fallowater Lane / Almond Road intersection to Elm View Road could be constructed as part of the development plan. FISCAL IMPACT: According to VDOT, $1,515,609 is available to transfer to the Fallowater Lane Extension project. Based on the project estimate, the Board of Supervisors is responsible for funding the balance of $984,391. Since this project is eligible for VDOT Revenue Sharing (50/50) funding, the County's portion of the project is estimated to be $492,195.50. Page 2 of 3 Staff recommends funding the required $492,195.50 from previously appropriated Economic Development Public Private Partnership funds. If the Board approves this action, the County's estimated portion of the overall project cost is approximately 20% of overall project cost. If the Construction Formula funds are not transferred, VDOT has indicated they will be subject to de -allocation. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors adopt a resolution amending the Secondary Six -Year Road Improvement Plan for Fiscal Years 2018 through 2023 and the Construction Priority List and Estimated Allocations for Fiscal Year 2018 by establishing a new Secondary System project and transferring Six Year Plan Construction Formula Funds to the project. Page 3 of 3 N m 4) LM m LM m LM m MC A 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON SEPTEMBER 26, 2017 RESOLUTION AMENDING THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) SECONDARY SIX-YEAR ROAD IMPROVEMENT PLAN FOR FISCAL YEARS 2018 THROUGH 2023, THE CONSTRUCTION PRIORITY LIST AND ESTIMATED ALLOCATIONS FOR FISCAL YEAR 2018 BY ESTABLISHING A NEW SECONDARY SYSTEM PROJECT AND TRANSFERRING SIX-YEAR PLAN CONSTRUCTION FORMULA FUNDS TO THE PROJECT WHEREAS, Sections 33.2-331 of the Code of Virginia (1950, as amended) provides the opportunity for Roanoke County to work with the Virginia Department of Transportation in developing a Secondary Six -Year Road Improvement Plan; and WHEREAS, this Board had previously agreed to assist in the preparation of the Secondary Six -Year Road Improvement Plan, in accordance with Virginia Department of Transportation policies and procedures; and WHEREAS, a public hearing, which was duly advertised on the proposed Secondary Six -Year Improvement Plan for fiscal years 2018-2023 and Construction Priority List and Estimated Allocations for fiscal year 2018 was held on May 23, 2017, to receive comments and recommendations on Roanoke County's Secondary Six -Year Road Improvement Plan for fiscal years 2018-2023 as well as the Construction Priority List and Estimated Allocations for fiscal year 2018; WHEREAS, since such time as the Secondary Six -Year Improvement Plan was approved by this Board, the Virginia Department of Transportation has informed the Board that Construction Formula funds, in the amount of $1,515,609, allocated to Secondary System projects in Roanoke County prior to, and through fiscal year 2010 are subject to deallocation unless transferred to an active project; and Page 1 of 2 WHEREAS, this Board has identified a new project, Fallowater Lane Extension from Electric Road to Chevy Road, as a recipient of the funds to be transferred. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors does hereby amend the Secondary Six -Year Road Improvement Plan for Roanoke County for fiscal years 2018-2023 to include a new project, Fallowater Lane Extension; and BE IT FURTHER RESOLVED, that the Board of Supervisors does also hereby amend the Construction Priority List and Estimated Allocations for fiscal year 2018 to list Fallowater Lane Extension; and BE IT FURTHER RESOLVED, that the Board of Supervisors requests that $1,515,609 in Construction Formula funds be transferred to the new project; BE IT FURTHER RESOLVED, that the Board of Supervisors is responsible for the project balance of $984,391.00, based upon the project estimate; $2,500,000. This balance is eligible for Revenue Sharing Funding. BE IT FURTHER RESOLVED that a copy of this resolution duly attested to be forthwith forwarded to the Virginia Department of Transportation Salem Residency Office along with a duly attested copy of the proposed Roanoke County Secondary Six - Year Road Improvement Plan for fiscal years 2018-2023 by the Clerk to the Board. Page 2 of 2 ACTION NO. ITEM NO. F.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: September 26, 2017 Ordinance amending Roanoke County Code Chapter 16.1 - Precious Metals and Gems Howard B. Hall Chief of Police Thomas C. Gates County Administrator Approval of amendments to Roanoke County Code Chapter 16.1 - Precious Metals and Gems BACKGROUND: Chapter 16.1 of the Roanoke County Code (originally enacted in 1982), which regulates dealers of precious metals and gems, has not been revised since 1992 and requires updates in order to be consistent with updates to the Code of Virginia and updates in technology. DISCUSSION: The proposed amendments are consistent with the Code of Virginia and practices used by other jurisdictions, and include the following: Clarification of terms and definitions, Imposition of new record-keeping requirements for dealers (to further deter the purchase and resale of stolen property), Increase the number of days (from 10 to 15) for which a dealer must retain purchased metals or gems before reselling or removing from his place of business, Authorization for electronic exchange of information between dealers and the Page 1 of 2 Police Department, Permanent revocation of a dealer's license for a third violation of the Code, and the Establishment of an appeals process. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance and scheduling a public hearing and second reading on October 10, 2017. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 26, 2017 ORDINANCE AMENDING ROANOKE COUNTY CODE CHAPTER 16.1 - PRECIOUS METALS AND GEMS WHEREAS, on April 13, 1982, the Board of Supervisors adopted Ordinance No. 3099, enacting Section 16.1 of the Roanoke County Code, which regulates dealers of precious metals and gems in Roanoke County; and WHEREAS, since it was last revised in 1992, the need for the adoption of several amendments has been identified; and WHEREAS, legal notice and advertisement has been provided as required by law, the first reading of this ordinance was held on September 26, 2017, and the second reading and public hearing were held on October 24, 2017; and NOW, THEREFORE, BE IT ORDAINED BY the Board of Supervisors of Roanoke County, Virginia, that the precious metals and gems ordinance for Roanoke County is hereby amended and reenacted as follows: 1. The Roanoke County Precious Metals and Gems Ordinance is hereby amended to read and provide as follows: Chapter 16.1 – Precious Metals ARTICLE I. - IN GENERAL Secs. 16.1-1-16.1-20. - Reserved. Sec. 16.1-21. - Definitions. For the purposes of this chapter, unless the context requires a different meaning: Page 1 of 11 Chief of Police means the Roanoke County Police Chief or his designee. Coin means any piece of gold, silver, or other metal fashioned into a prescribed shape, weight, and degree of fineness, stamped by authority of a government with certain marks and devices, and having a certain fixed value as money. Dealer means any person, firm, partnership or corporation engaged in the business of purchasing secondhand precious metals or gems ii —removing in any manner precious metals or gems from manufactured articles not then owned by such person, firm, partnership or corporation;' iii buying, acquiring or selling precious metals or gems removed from such manufactured articles. Meale'Dealer includes all employers and principals on whose behalf a purchase is made, and en^I�l-RTeap -any employee or agent who makes any si iAh purchase for or on behalf of his employer or principal-; each person within a firm, partnership, or corporation that engages in the activities of a dealer must obtain a permit. Th-, S de#i;itien shall n^t h^ GR:tftFed- 69-a to iRGl6Id9 n^ro^no GRga ed in the f^II^eiiniv• The definition of dealer shall not include persons engaged in the following: {� . Purchases of precious metal or gems directly from other dealers, manufacturers, or wholesalers for retail or wholesale inventories, provided the selling dealer has complied with the provisions of this chapter. {2}2_Purchases of precious metals or gems from a duly qualified fiduciary who is disposing of the assets of the estate being administered by such fiduciary--P, #,- �rlminiot.Fati^n ^f an estate. 4}_Acceptance by a retail merchant of trade-in merchandise previously sold by such retail merchant to the person presenting that merchandise for trade-in. 44 4_Repairing, restoring or designing jewelry by a retail merchant, if such activities are within his normal course of business. {�}5_Purchases of precious metals or gems by industrial refiners and manufacturers, insofar as such purchases are made directly from retail merchants, wholesalers, or dealers or by mail originating outside the Commonwealth of Virginia. 6.{64 _Persons regularly engaged in the business of purchasing and processing nonprecious scrap metals which incidentally may contain traces of precious metals recoverable as a by-product. Gems means precious or semiprecious stones customarily used in jewelry. �nihothor Innco Gr in o Setting Precious metals means any item, except coins, composed in whole or in part of gold, silver, platinum, or platinum alloys. Sec. 16.1-22. - Vinlotinnc of nhaptor genera4 Penalties; first and subsequent offenses. Page 2 of 11 Any person convicted of violating any provisions of this chapter shall be guilty of a Class 2 misdemeanor for the first offense. Upon conviction of any subsequent offense, he shall be guilty of a Class 1 misdemeanor. B. Upon the first conviction,-, of a dealer for violation of any provision of this chapter, the chief of police may revoke #i& -the dealer's permit tri eRqaqe hi icinocc oc rJoolor i inrJor +hic nhapter for a--per+ed-ef-one full year from the date the conviction becomes final. Such revocation by t#G mef ��shall be mandatory for two full years from the date the conviction becomes final upon a second conviction. Upon a third conviction, the dealer's license shall be revoked Permanently; the dealer shall henceforth be ineligible to apply for a permit in the County. Sec. 16.1-23. - Chapter not applicable to sale or purchase of coins. The provisions of this chapter shall not apply to the sale or purchase of coins Sec. 16.1-23.1. - Chapter not applicable to financial institutions. The provisions of this chapter shall not apply to any bank or branch thereof, trust company, or bank holding company, or any wholly-owned subsidiary thereof, engaged in the business of buying and selling gold and silver bullion. Sec. 16.1-24. - Waiver of article provisions for certain exhibitions and shows. The chief of police may waive, by written notice, any provision of this chapter, except sectiuri gib. -/_o e e..,,,,,,-.,° 16-A-30, for particular numismatic, gem or antique exhibitions or craft shows sponsored by nonprofit organizations, provided the purpose of the exhibitions or shows is nonprofit in nature, notwithstanding the fact that there may be casual purchases and trades made at such exhibition or shows. ARTICLE II. - DEALERS Svc. 16.1-285. - dentaf:,.,+:en of PeFsens frnem, 4AMO , PUFGh_a_e_ w,,, -e. Credentials and statement of ownership reauired from seller. No dealer shall purchase precious metal or gems, without first (i) ascertaining the identity of the seller,, by requiring an identification issued by a governmental agency with a photograph of the seller thereon, and at least one other corroborating means of identification, and (ii) obtaining a statement of ownership from the seller. 16 se�ll�+er. r�� SC-- .1 2�J. lRGp•cc}tFCR A -f F 89610F d by nhap er and G)f ar}O.^�iac in o''Gh ron�s Page 3 of 11 Sec. 16.1-2-96. - R -p -^^rd- -of' UFGhases. Records to be kept; copy furnished to local authorities. 4 -a -)-A. Every dealer shall keep, at his place of business, an accurate and legible record of each purchase of precious metals or gems. The record of each such purchased shall be retained by the dealer for not less than twenty-four (24) months. These records shall set forth the following: 1. A photograph of each precious metal or gem purchased from each seller; {�2. A complete description of all precious metals or gems purchased from each seller. The descriation shall include all names. initials. serial numbers. or other identifying marks or monograms on each item purchased, the true weight or carat of any gem, and the price paid for each item,; Q4-3. The date, aA-time, and place of receiving the item{s}s purchased-; 4)4. The full name, residence address, work -place address, home and work telephone numbers, date of birth, aga sex, race, height, weight, hair color, and other identifying marks of the person selling the precious metals or gems;& linonco ni imhor nr cnnia chi iri hor Anrl cinn� o of ollor, rrc�r�-r�rnucr-vr�vcrara err 1.-ef el cr. 5. Verification of identification of each seller through two forms of identification, one of which must be a government -issued identification card bearing a photograph of the person selling the precious metals or gems, such as a driver's license or military identification card. The record shall contain the types of identification exhibited. the issuina aaencv/ies. and the numbers thereon: 06. A statement of ownership from the seller-; 7. A receipt bearing the printed name and legible handwritten signature of the seller or the person for whom the service of removal is performed, acknowledging such sale or service; 8. A digital image of the form of identification used by the person involved in the transaction; and 9. A digital image of the seller or of the person for whom the service of removal or precious metals or gems is performed. The image shall show, at a minimum, the part of the body from the chest to the top of the head of such person. Page 4 of 11 {b�B. The information required by subdivisions (1 ` +hrei eh (3) of s, Ibsen+inn (a) abeve A-1 through A-4 shall appear on each bill of sale for all precious metals and gems Purchased by a dealer, -and a copy shall be meilerl er .deye ferl furnished to the chief of police within twenty-four (24) hours of the time of purchase, to the -effv fig.&-efr nhief of Reline --in a manner prescribed by the chief of police, which may include electronic format. If the purchase occurs during a weekend, the furnishing of documentation shall be made no later than 10:00 AM of the next regular County workday. C. A written copy of the bill of sale will be kept at the business with all documentation required above and available for review at any time by law enforcement. D. Any one individual making more than three precious metal sales in a thirty (30) day period shall be reported directly to the Police Department. 16.1-27. - InSnen+ien of rei.erd-R ren��irer1 by nhan+er and of ar+ii.les lig++e r1 in �i.h re n�&r Seo.6.1-27. Officers may examine records or property; warrantless search and seizure authorized. Every dealer or his employee shall admit to his place of business, during regular business hours, the chief of police oreffiruelps ef thG 19elmGG a4paAP494# his designee #.& sheriff Ar his %;wArn ilerai+ies an.d or any law-enforcement-e#+c+a4 officer of the state or federal government.&. The dealer or his employee shall Permi+ siInh 'A_, .9 enfernemen+ allow the officer to (i) examine all records required by this chapter, and any article listed ink a record which is believed by the officer to be missing or stolen and (ii) search for and take into possession any article known or believed by him to be missing or stolen. Sec. 16.14028. - Prohibited purchases. 4a4 -A. No dealer shall purchase precious metals or gems from any person who is under +hreighteen (18) years of age. flq�-B. No dealer shall purchase precious metals or gems from any perse seller who the dealer believes, or has reason to believe, is not the owner of such items, unless S nh nersen the seller has written and duly authenticated authorization from the owner permitting and directing such sale. /n\ Ale dealer shall p irnhase er sell .�n�i ereniei is mo+.FIs er nems eVnee+ at +he el.�ne of 1�7-rv�crccrrcr�� cn-arry-prccTv�a�-rrrccai�Trc{cnrr T�cp rcrrcrn�rac�vr A,,hi i�c�i9necc os filen+ifieiJ in +heoppllino+inn rens iired by cen+inn IL _�l`� SeG.-F�r126. - Qn-nn-r lett-p-r ni-rFedmt ^ , (aEvery dealer, at tm i-eof obtainir ngra-p•e�rat _,rnd_p_r Ai-+inlIp- 1111 Of this Ghapter, shall enter wnte a r - . Anne in {aver n -f nerd � ed by a f" e Page 5 of 11 /Z\ The name address, age, sex, raGe, driv r1s1ln ense nuFnfber OF Jo'ca1 se Cd""1t�,F nl�hcer and signature seller (4) A state -Ment -of owneFship from from the seller /b\ The inferrv»+ion required by subdivisions /4\ tbrougb /Z\ of SUbsen+ien /a\ T1�7�^c-nTrvTmcrRv�rrcc�aTr � rr cccrm�--�a7 abeye shall ann r on nh hill of sale fer nr imi s and g s �„�,TI--a-�peaT�Tl ea ,�-14� �ee+et+s„Tet ��ge� nUrnbaserd by a dealer anal a nenY shall he Mailed -or delivered, ��within twenty fer (24\ hours Ir�Tthe+ime of nllrnhase, to the e#iee of the nhief of neline C16.1-250. Incnen+ion of r s required bV r anter anr�d of artin list in GT TTJj7ri ��TV'TT�TT TGZj'G�Tr Gr�TG rlT�•rG s --- i.h re i.errds h,,gMh siness he��rs Ghi nr } ne de{�akn;ei�rttil-iiieci�fry Rcaa�rvara, nvras sAQepN-ttCa and ani 1aw_enf6AYHAH+ a#inial of ttiltale or federal gey er -or his nley all neFn;mt s��i+h laui_ fern + �ee+��s. ea �-o,--�TI� e�T�� ���a�-.�.re+�T�en}e+�z s--nh a rerperrl whii.h is h �`, a#in to he rv�issing or stolen and 7TTGll-'CrT �7 eyed e-VTT6GT TITG�9F stolen and�TIT s rnh for andel a mn essien any artinle known to him to he rv�issing or aea 4c-Irrcv--pv�c�raTvrrcTry--ccr cv-� rrlTrcv-lac-rn rranrq , -vr ll/l/MAM er helie\/erdha him to have heen awestolen bee im SeGm 16A-3-0. _ Prohibited nUrnheses /ate\ Alec dealer shall nUrnbasor gems frem any nersen whe is under the age of eighteen (18) years (b) No shall nllrnhase nreniells rvietals or germs from any nersen Whn the Qealerbelieves, orr-rh-as rea tH- believe, as not the C_MAXTer of s11rh items, 11n1ess aUnh nersrrern hrcas Wrirtten and duly authentrincat frn-M. t -hp- nOwnrer neFmitting and rdirenting sUnh sale (G) No -;hall nUrnhase er sell an Me+als or genic evnent at the glare of hllsiness as irdenerd in the annlination required by sention 7L:_42 Sec. 16.1-X1-29. - oe+en+ien of nllrnhases Dealer to retain purchases. {a}A. ITh, dealer shall retain all precious metals or gems purchased by him for a minimum of t8R (1$) -fifteen (15'1 calendar days from the date on which a copy of the bill of sale is received by the chief of police 46irsuaRt t^ser--t oT,--rte29. Until the expiration of this period, the dealer shall not sell, alter or dispose of a purchased item, in whole or in part, or remove it from his place of business in the oyCounty. If a dealer performs the service of removing precious metals or gems, he shall retain the metals or gems removed and the article from which the removal was made for a period of teR (U) -fifteen (15) calendar days after receiving such article and precious metals or gems. 6eG. "6 M `I _'{`l _ Ronnrd of color Page 7 of 11 _ Each dealer shall keep aR ' maintain for at least twenty-four (24) months,- an accurate and legible record of the name and address of the person firm, or corporation to `"'I�which he sells any precious metal or gem in its original form after the fifteen (15) daywaiting period cervi iirei-I by sentinn 16 1 21. This record shall also show the name and address of the persef�--seller from whom the dealer purchased such item. ARTICLE III. - PERMIT Sec. 16.1-2-630. - Bond or letter of credit required of dealers when permit obtained. - 4a) -A. Prior to submitting an application for permit, €every dealer-etthe +�ef r taania permite�4t+se-N�s thi �te�shall enter into a recognizance to the County, ;; fg� .r of thebearurd of s6ipe�ef-s, secured by a corporate surety authorized to do business in the Ceommonwealth, in the penal sum of fon thni san4 $10,000.00, conditioned upon due observance of the terms of this chapter. In lieu of a bond, a dealer may cause to be issued, by a bank authorized to do business in the Ceommonwealth, a letter of credit in favor of the the heaFd of ci iPer�iicnro in Sum of ten the isapd dAllars ($10,900.9,9\—for County, ,,Tt�x�„T-�r-«��,,,�,-�,�-, $10,000.00. {�B. -A single bond upon an employer or principal may be written or a single letter of credit issued under this centinn to cover all emplovees and all transactions occurrina at a single location. {G}C. 4-aAny person snarl-b,aggrieved by the misconduct of any dealer �^�"�-s which violated the provision of this chapter -4-9 may maintain an action for recovery in any court of proper jurisdiction against the dealer and his surety-. th�Recovery against the surety shall be only for that amount of the judgment �# ap,y-,-which is unsatisfied by the dealer. e�6�77 AIS, ' n and reen inn of busaness; I�n� ncc -�-,�� 'r�T�eg ��a ' n, . eperated Saturdays, Ci inriays anrJ hnliilays GXG8PtGd fnr a permedof not loco than ton (10) clays the dealer Shall PntifY the nhief of Pnline of all nlnsinns and renPeninns of ci inh h, iciness Tho SOGGieil in his aPPlinatinn fnr Permit i inner Chic nhaPter Sec. 16.1-3144. - Permit required; method of obtaininq permit; method of permit renewal; revocation of permit.... A. No person shall engage in the activities of a dealer in the seyCounty as defined by section 16.1-21c "® hoc ^,accent without first obtaining a permit Sete -de issi joie by the from the chief of police,. pursuant cont to this artinle Ne Pi irnhase Ar colo Page 8 of 11 g nr,,, r.ors�n riosirinn nor,,,i+ The permit required by this article shall file with be issued by the chief of police upon payment of a $200.00 application fee made Payable to "Treasurer, Roanoke County" and upon satisfaction of the requirements of this section. To obtain a permit, the dealer shall file with the chief of police an application form; which shall includes the dealer's full name,P,--' any aliases, r+n�a-n s address, age, sex, race, Social Security Number, and date of birthe ses+a� Coni irity R imh�sex and fiRgGFPFiRtE;- the name, address, and telephone number of the applicant's employer, if any; aPA-the location of the appliGaRt'sdealer's place of business-; and written authorization to conduct a background investigation and fingerprints. hupdTet dellars te"Treasurer, ReaReke Cayt�L.-21he applicant must sign and date the application and certify that the information contained in the application is true and correct. A permit shall not be issued if the applicant has been convicted of a felony or crime of moral turpitude within the last ten (10) years prior to the date of application, or if the applicant is presently under investigation for the same. The permit shall be denied if the applicant has been denied a permit or has had a permit revoked under any ordinance similar in substance to the provisions of this chapter. Before a permit reciHire d by this aFti^le- may be issued, the a9p4Ga#deale must have all weighing devices that will be used in his business inspected and approved by GG4Rtylocp or state weights and measures officials and present written evidence of such approval to the chiefofpolice. A-a-r--epditiep ferTen waw of aRy permit, a& cT�caIe�Perm .,ndta;;II pre ,ide ,^,rictcQA tQyMdtQnr-tQt--A-f ;;A -r insron�i�n and appFe„al Within thirty (30) ,-lays r,rieF to Gin --h repewal data D. A permit issued under this article shall be valid for ^RG (1 ` „oar twelve (12) months from the date issued 61Rl,GGS seenor ro,,eke4J and may be renewed in the same manner as such permit was initially obtained, with an annual permit few -^tea k$200.004. n2�'+��Ft�SStle�--��E'Ne s ar to shall be fransforahlo ,�-�r�r�h-ItfE E. The permit shall be a personal privilege and shall not be transferable. The dealer shall at all times prominently display the permit on his business premises in the County. F. -If the dealer does not operate continuously at the same location when he obtains the permit, he shall notify the Cehief of Poolice when he ceases or renews operations, or upon change of his location. Failure to operate on weekends or holidays shall not Page 9 of 11 be construed as ceasing or discontinuing operation. The dealer shall conduct his business only from the fixed and permanent location in the County specified in his application for a permit. Ifthe A -f �;; ap—Alel-FsRG)t elDeFated yvitheut in}py�19tmGR Sa iri ays Ci]Rdays and ronnivniZGd hnlii-ays ovnor)ted fnr a pepied of 7T�ty r -r -a �CiF7TT�GfC'CT71'G'�J � �iC'GT41TQ'G'yT T4C: j.7 CG1T, TG'T-Cr-FJG'I'T'GCfV� Apt ooc' +hAp +on +ho dp;;lor nhiof of(r��r.nlino of .SII nlnoinnc ronr.oninrro :4 of inh hi ioin000 The hi ioin000 of A idoaIor shall be nnni-Ii in+oi-I nnhi rnm +ho fivoi-1 and normonon+ Innes+inn cnor+- in hic annlinatinn fnr a permit i iniJor thio nh.�r+or G. The chief of police may waive the permit fee for retail merchants that are required to be licensed as aawnbrokers under Chapter 40 (� 54.1-4000 et sea.) of the Code of Roanoke County. c I fill .0111101 ij� og-I c .0111101 ij� og-I ARTICLE IV- - SEVERABILITY -&e-r,,-16.1-48v32- Severability. Page 10 of 11 The sections, paragraphs, sentences, clauses and phrases of this chapter are severable, and if any phrase, clause, sentence, paragraph or section of this chapter shall be declared unconstitutional or invalid by the valid judgment or decree of a court of competent jurisdiction, the remaining phrases, clauses, sentences, paragraphs and sections of this chapter shall remain valid. ARTICLE V. - APPEALS 16.2-33. Aaaeals An appeal from the decision of the chief of police to deny an application or to revoke a permit shall be made in writing to the County aAadministrator within seven (7) days of the receipt of a decision. The appeal shall state the specific grounds for the appeal. The County aAadministrator or his designee shall hold a hearing within a reasonable time from the receipt of the appeal. At the hearing, the applicant or permit holder may be represented by counsel, may cross-examine witnesses and may present evidence in his favor. The decision of the County aAadministrator shall be final. 2. This ordinance shall be in full force and effect from and after its adoption. Page 11 of 11 Chapter 16.1 – Precious Metals ARTICLE I. - IN GENERAL Secs. 16.1-1-16.1-20. - Reserved. Sec. 16.1-21. - Definitions. For the purposes of this chapter, unless the context requires a different meaning: Chief of Police means the Roanoke County Police Chief or his designee. Coin means any piece of gold, silver, or other metal fashioned into a prescribed shape, weight, and degree of fineness, stamped by authority of a government with certain marks and devices, and having a certain fixed value as money. Dealer means any person, firm, partnership or corporation engaged in the business of (i) purchasing secondhand precious metals or gems; (ii) removing in any manner precious metals or gems from manufactured articles not then owned by such person, firm, partnership or corporation; (iii) buying, acquiring or selling precious metals or gems removed from such manufactured articles. Dealer includes all employers and principals on whose behalf a purchase is made, and any employee or agent who makes any purchase for or on behalf of his employer or principal; each person within a firm, partnership, or corporation that engages in the activities of a dealer must obtain a permit. The definition of dealer shall not include persons engaged in the following: 1. Purchases of precious metal or gems directly from other dealers, manufacturers, or wholesalers for retail or wholesale inventories, provided the selling dealer has complied with the provisions of this chapter. 2. Purchases of precious metals or gems from a duly qualified fiduciary who is disposing of the assets of the estate being administered by such fiduciary. 3. Acceptance by a retail merchant of trade-in merchandise previously sold by such retail merchant to the person presenting that merchandise for trade-in. 4. Repairing, restoring or designing jewelry by a retail merchant, if such activities are within his normal course of business. 5. Purchases of precious metals or gems by industrial refiners and manufacturers, insofar as such purchases are made directly from retail merchants, wholesalers, or dealers or by mail originating outside the Commonwealth of Virginia. 6. Persons regularly engaged in the business of purchasing and processing nonprecious scrap metals which incidentally may contain traces of precious metals recoverable as a by-product. Page 1 of 6 Gems means precious or semiprecious stones customarily used in jewelry. Precious metals means any item, except coins, composed in whole or in part of gold, silver, platinum, or platinum alloys. Sec. 16.1-22. - Penalties; first and subsequent offenses. A. Any person convicted of violating any provisions of this chapter shall be guilty of a Class 2 misdemeanor for the first offense. Upon conviction of any subsequent offense, he shall be guilty of a Class 1 misdemeanor. B. Upon the first conviction of a dealer for violation of any provision of this chapter, the chief of police may revoke the dealer's permit for one full year from the date the conviction becomes final. Such revocation shall be mandatory for two full years from the date the conviction becomes final upon a second conviction. Upon a third conviction, the dealer's license shall be revoked permanently; the dealer shall henceforth be ineligible to apply for a permit in the County. Sec. 16.1-23. - Chapter not applicable to sale or purchase of coins. The provisions of this chapter shall not apply to the sale or purchase of coins. Sec. 16.1-23.1. - Chapter not applicable to financial institutions. The provisions of this chapter shall not apply to any bank or branch thereof, trust company, or bank holding company, or any wholly-owned subsidiary thereof, engaged in the business of buying and selling gold and silver bullion. Sec. 16.1-24. - Waiver of article provisions for certain exhibitions and shows. The chief of police may waive, by written notice, any provision of this chapter, except section 16.1-28, for particular numismatic, gem or antique exhibitions or craft shows sponsored by nonprofit organizations, provided the purpose of the exhibitions or shows is nonprofit in nature, notwithstanding the fact that there may be casual purchases and trades made at such exhibitions or shows. ARTICLE II. - DEALERS Sec. 16.1-25. - Credentials and statement of ownership required from seller. No dealer shall purchase precious metal or gems, without first (i) ascertaining the identity of the seller by requiring an identification issued by a governmental agency with a photograph of the seller thereon, and at least one other corroborating means of identification, and (ii) obtaining a statement of ownership from the seller. Sec. 16.1-26. - Records to be kept; copy furnished to local authorities. A. Every dealer shall keep, at his place of business, an accurate and legible record of each purchase of precious metals or gems. The record of each such purchased shall Page 2 of 6 be retained by the dealer for not less than twenty-four (24) months. These records shall set forth the following: 1. A photograph of each precious metal or gem purchased from each seller; 2. A complete description of all precious metals or gems purchased from each seller. The description shall include all names, initials, serial numbers, or other identifying marks or monograms on each item purchased, the true weight or carat of any gem, and the price paid for each item; 3. The date, time, and place of receiving the items purchased; 4. The full name, residence address, work -place address, home and work telephone numbers, date of birth, sex, race, height, weight, hair color, and other identifying marks of the person selling the precious metals or gems; 5. Verification of identification of each seller through two forms of identification, one of which must be a government -issued identification card bearing a photograph of the person selling the precious metals or gems, such as a driver's license or military identification card. The record shall contain the types of identification exhibited, the issuing agency/ies, and the numbers thereon; 6. A statement of ownership from the seller; 7. A receipt bearing the printed name and legible handwritten signature of the seller or the person for whom the service of removal is performed, acknowledging such sale or service; 8. A digital image of the form of identification used by the person involved in the transaction; and 9. A digital image of the seller or of the person for whom the service of removal or precious metals or gems is performed. The image shall show, at a minimum, the part of the body from the chest to the top of the head of such person. B. The information required by subdivisions A-1 through A-4 shall appear on each bill of sale for all precious metals and gems purchased by a dealer, and a copy shall be furnished to the chief of police within twenty-four (24) hours of the time of purchase, in a manner prescribed by the chief of police, which may include electronic format. If the purchase occurs during a weekend, the furnishing of documentation shall be made no later than 10:00 AM of the next regular County workday. C. A written copy of the bill of sale will be kept at the business with all documentation required above and available for review at any time by law enforcement. D. Any one individual making more than three precious metal sales in a thirty (30) day period shall be reported directly to the Police Department. Page 3 of 6 16.1-27. Officers may examine records or property; warrantless search and seizure authorized. Every dealer or his employee shall admit to his place of business, during regular business hours, the chief of police or his designee or any law-enforcement officer of the state or federal government. The dealer or his employee shall allow the officer to (i) examine all records required by this chapter, and any article listed in a record which is believed by the officer to be missing or stolen and (ii) search for and take into possession any article known or believed by him to be missing or stolen. Sec. 16.1-28. - Prohibited purchases. A. No dealer shall purchase precious metals or gems from any person who is under eighteen (18) years of age. B. No dealer shall purchase precious metals or gems from any seller who the dealer believes, or has reason to believe, is not the owner of such items, unless the seller has written and duly authenticated authorization from the owner permitting and directing such sale. Sec. 16.1-29. - Dealer to retain purchases. A. The dealer shall retain all precious metals or gems purchased by him for a minimum of fifteen (15) calendar days from the date on which a copy of the bill of sale is received by the chief of police. Until the expiration of this period, the dealer shall not sell, alter, or dispose of a purchased item, in whole or in part, or remove it from his place of business in the County. B. If a dealer performs the service of removing precious metals or gems, he shall retain the metals or gems removed and the article from which the removal was made for a period of fifteen (15) calendar days after receiving such article and precious metals or gems. C. Each dealer shall maintain for at least twenty-four (24) months an accurate and legible record of the name and address of the person, firm, or corporation to which he sells any precious metal or gem in its original form after the fifteen (15) day waiting period. This record shall also show the name and address of the seller from whom the dealer purchased such item. ARTICLE III. - PERMIT Sec. 16.1-30. - Bond or letter of credit required of dealers when permit obtained. A. Prior to submitting an application for permit, every dealer shall enter into a recognizance to the County, secured by a corporate surety authorized to do business in the Commonwealth, in the penal sum of $10,000.00, conditioned upon due observance of the terms of this chapter. In lieu of a bond, a dealer may cause to be Page 4 of 6 issued, by a bank authorized to do business in the Commonwealth, a letter of credit in favor of the County, for $10,000.00. B. A single bond upon an employer or principal may be written or a single letter of credit issued to cover all employees and all transactions occurring at a single location. C. Any person aggrieved by the misconduct of any dealer which violated the provision of this chapter may maintain an action for recovery in any court of proper jurisdiction against the dealer and his surety. Recovery against the surety shall be only for that amount of the judgment which is unsatisfied by the dealer. Sec. 16.1-31. - Permit required; method of obtaining permit; method of permit renewal; revocation of permit. A. No person shall engage in the activities of a dealer in the County as defined by section 16.1-21, without first obtaining a permit from the chief of police. B. The permit required by this article shall be issued by the chief of police upon payment of a $200.00 application fee made payable to "Treasurer, Roanoke County" and upon satisfaction of the requirements of this section. To obtain a permit, the dealer shall file with the chief of police an application form which includes the dealer's full name, any aliases, address, age, sex, race, Social Security Number, and date of birth; the name, address, and telephone number of the applicant's employer, if any; the location of the dealer's place of business; and written authorization to conduct a background investigation and fingerprints. The applicant must sign and date the application and certify that the information contained in the application is true and correct. A permit shall not be issued if the applicant has been convicted of a felony or crime of moral turpitude within the last ten (10) years prior to the date of application, or if the applicant is presently under investigation for the same. The permit shall be denied if the applicant has been denied a permit or has had a permit revoked under any ordinance similar in substance to the provisions of this chapter. C. Before a permit may be issued, the dealer must have all weighing devices that will be used in his business inspected and approved by local or state weights and measures officials and present written evidence of such approval to the chief of police. D. A permit issued under this article shall be valid for twelve (12) months from the date issued and may be renewed in the same manner as such permit was initially obtained, with an annual permit fee of $200.00. E. The permit shall be a personal privilege and shall not be transferable. The dealer shall at all times prominently display the permit on his business premises in the County. F. If the dealer does not operate continuously at the same location after he obtains the permit, he shall notify the chief of police when he ceases or renews operations, or upon change of his location. Failure to operate on weekends or holidays shall not be construed as ceasing or discontinuing operation. The dealer shall conduct his Page 5 of 6 business only from the fixed and permanent location in the County specified in his application for a permit. G. The chief of police may waive the permit fee for retail merchants that are required to be licensed as pawnbrokers under Chapter 40 (§ 54.1-4000 et seq.) of the Code of Roanoke County. ARTICLE IV. - SEVERABILITY 16.1-32. — Severability. The sections, paragraphs, sentences, clauses and phrases of this chapter are severable, and if any phrase, clause, sentence, paragraph or section of this chapter shall be declared unconstitutional or invalid by the valid judgment or decree of a court of competent jurisdiction, the remaining phrases, clauses, sentences, paragraphs and sections of this chapter shall remain valid. ARTICLE V. - APPEALS 16.2-33 Appeals An appeal from the decision of the chief of police to deny an application or to revoke a permit shall be made in writing to the County administrator within seven (7) days of the receipt of a decision. The appeal shall state the specific grounds for the appeal. The County administrator or his designee shall hold a hearing within a reasonable time from the receipt of the appeal. At the hearing, the applicant or permit holder may be represented by counsel, may cross-examine witnesses and may present evidence in his favor. The decision of the County administrator shall be final. Page 6 of 6 ACTION NO. ITEM NO. F.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: September 26, 2017 Ordinance approving an extension of an Intergovernmental Agreement between the City of Roanoke, the City of Salem and the County of Roanoke for the establishment of a regional collision center with Roanoke Accident Support Services, LTD Howard B. Hall Chief of Police Thomas C. Gates County Administrator Renewal of the intergovernmental agreement with Roanoke Accident Support Services. BACKGROUND: On February 23, 2016, the Board of Supervisors approved an agreement with Roanoke Accident Support Services (RASS) to establish a crash reporting center (CRC) to serve Roanoke County, Roanoke City, and the City of Salem. The CRC was opened in September 2016. Since that time, the Police Department has referred approximately 25 percent of reportable property damage crashes to the CRC, saving many hours of officer time. The feedback from citizens who have used the CRC to report crashes has been overwhelmingly positive. The 18 month pilot project authorized by the agreement expires on November 30, 2017. Pursuant to Article III, Section 3-1 of the agreement, all parties desire to extend the agreement until November 30, 2021. Based on the pilot phase of implementation, the following items have been added to the initial agreement: 1. RASS will provide computer tablets to each participating agency so that photographs taken at crash scenes can be uploaded to the CRC. RASS has agreed to maintain these photos as required by the Code of Virginia and make Page 1 of 2 them available to the participating agencies. The purpose of this is to eliminate the need to tow vehicles to the CRC. 2. During the term of the agreement, RASS will not provide towing or storage services to any third party within the Roanoke Valley. This is an enhancement to the initial agreement designed to clarify a possible conflict of interest; however, RASS has never expressed any desire or made any attempts to provide these services. DISCUSSION: Up to date activity data will be provided to the Board during the presentation of this item. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance and scheduling the second reading for October 10, 2017. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 26, 2017 ORDINANCE APPROVING AN EXTENSION OF AN INTER- GOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ROANOKE, THE CITY OF SALEM AND THE COUNTY OF ROANOKE FOR THE ESTABLISHMENT OF A REGIONAL COLLISION CENTER WITH ROANOKE ACCIDENT SUPPORT SERVICES, LTD WHEREAS, on February 23, 2016, the Board of Supervisors approved an agreement with Roanoke Accident Support Services (RASS) to establish a crash reporting center (CRC) to serve Roanoke County, Roanoke City and the City of Salem; and WHEREAS, the CRC was opened in September of 2016 and since that time, the Police Department has referred approximately 25% of reportable property damage crashes to the CRC, saving many hours of officer time, and citizens who have used the CRC to report crashes have provided overwhelmingly positive feedback about their experience -land WHEREAS, the eighteen -month pilot project authorized by the agreement expires on November 30, 2017; and WHEREAS, pursuant to Article III, section 3-1 of the agreement, all parties desire to extend the agreement until November 30, 2021. Accordingly, a First Supplement to the Roanoke Valley Regional Collision Reporting Center Agreement has been proposed; and WHEREAS, in addition to extending the agreement, and based on the pilot phase of implementation, the following items have been included in the First Supplement to the Agreement: Page 1 of 2 1. RASS will provide computer tablets to each participating agency so that photographs taken at crash scenes by police officers can be uploaded to the CRC. RASS has agreed to maintain these photos as required by the Code of Virginia and make them available to the participating agencies. The purpose of this practice is to eliminate the need to tow vehicles to the CRC. 2. During the term of the agreement, RASS will not provide towing or storage services to any third party within the Roanoke Valley. This amendment is designed to clarify RASS's position and to eliminate a potential conflict of interest; however, RASS has never expressed any desire or made any attempt to provide these services. NOW, THEREFORE, BE IT ORDAINED BY the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the First Supplement to the Roanoke Valley Regional Collision Center Agreement with Roanoke Accident Support Services, Ltd. is approved. 2. That the County Administrator or his designee is hereby authorized to execute the First Supplement to the Roanoke Valley Regional Collision Center Agreement upon such form as approved by the County Attorney. 3. That this ordinance shall be in full force and effect from and after its passage. Page 2 of 2 FIRST SUPPLEMENT TO THE ROANOKE VALLEY REGIONAL COLLISION REPORTING CENTER AGREEMENT This First Supplement to the Roanoke Valley Regional Collision Reporting Center Agreement (hereinafter the "First Supplement") is between the City of Roanoke, ("Roanoke City"); the County of Roanoke, ("Roanoke County"); and the City of Salem, ("Salem"), each of which is a political subdivision or municipality of the Commonwealth of Virginia (the "Participating Localities"), and Roanoke Accident Support Services Ltd., a corporation organized under the laws of Virginia ("RASS"). This amended agreement will become effective when all parties have signed it. The date of this First Supplement will be the date that it is signed by the last party to sign it (as indicated by the date associated with that party's signature). The parties entered into the Roanoke Valley Regional Collision Reporting Center Agreement (hereinafter the "Agreement") in April 2016 for RASS to facilitate collision reporting in partnership with the police departments of the Participating Localities. Pursuant to Article III, Section 3-1 of the Agreement, the initial term of the agreement was an eighteen (18) month pilot program; the Agreement is scheduled to terminate on November 30, 2017. The Agreement further provides that upon approval of all parties, the term of agreement may be extended to November 30, 2021, unless sooner terminated or further extended. Further, the Agreement provides that if such extension occurs, as of each five (5) year anniversary date of November 30, 2021, the term of the agreement will automatically be extended for two additional five (5) year terms beyond the then existing date of termination, unless one or more of the Participating Localities chooses to withdraw from the agreement. The parties desire to extend the agreement. In March 2017, the County and RASS entered into an additional memorandum of understanding, in which RASS agreed to provide Roanoke County police officers with computer tablets to enable officers to upload photographs of crash -scene photographs (where one or more vehicles was disabled) to RASS's secure data management system. The other Participating Localities are also willing to receive computer tablets and to upload photographs. Further, the parties desire to clarify that RASS, in the operation of the collision reporting center, will not provide towing or storage services to any third party within the Roanoke Valley. The parties therefore agree as follows: 1. Pursuant to Article III, Section 3-1 of the Agreement, the Agreement is extended to November 30, 2021. 2. RASS will provide computer tablets to each of the Participating Localities so that officers will have the ability to upload photographs to RASS's National Law Enforcement Telecommunications System secure facility. RASS staff will thereafter attach all applicable on -scene photographs to the appropriate collision report and the photographs will be securely stored in RASS's propriety Collision Reporting & Occurrence Management System ("CROMS"). Photographs submitted to RASS and Page 1 of 3 entered into the CROMS system will be shared with the Participating Localities by providing the Participating Localities with CROMS access. Photographs will thereafter be provided to insurers with the individual vehicle insurance claims resulting from the collision, in accordance with the provisions of the Code of Virginia Section 46.2-380. The Participating Localities will have access to information and photographs in CROMS for at least thirty-six (36) months after the termination of the Agreement. RASS will continue to have access and use the information only as allowed by the Code of Virginia. 3. During the term of the Agreement, neither BASS, nor any entity in which RASS has any interest, shall operate any automobile body repair shop, automobile rental facility, or motor vehicle towing or storage business within the Roanoke Valley (each, a "Restricted Business") and shall ensure that no director, officer or employee of RASS or any of its affiliated companies operates or has any direct or indirect interest in or control over any Restricted Business. 4. The Participating Localities and RASS further agree that all other terms and conditions set forth in the Agreement, not specifically amended and/or modified by this First Supplement shall remain in full force and effect; and that the Agreement and the First Supplement represent the entire agreement between the parties. Each party is signing this agreement on the date stated opposite that party's signature. CITY OF ROANOKE, VIRGINIA Date: , 2017 By: (SEAL) Robert S. Cowell, Jr., City Manager Attest: Clerk Approved as to form: Page 2 of 3 City Attorney Date: 52017 Attest: Clerk Date: Attest: Clerk COUNTY OF ROANOKE, VIRGINIA By: (SEAL) Thomas C. Gates, County Administrator Approved as to form: County Attorney CITY OF SALEM, VIRGINIA 2017 By: Kevin S. Boggess, City Manager Approved as to form: By: City Attorney ROANOKE ACCIDENT SUPPORT SERVICES LTD. Date: , 2017 By: Steven A. Sanderson, President Page 3 of 3 ACTION NO. ITEM NO. G.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: September 26, 2017 Ordinance of the Board of Supervisors of the County of Roanoke, Virginia approving the lease financing of various capital projects for the County and authorizing the leasing of certain County -owned property, the execution and delivery of a prime lease and a local lease acquisition agreement and financing lease, and other related actions SUBMITTED BY: Rebecca Owens Director of Finance APPROVED BY: Thomas C. Gates County Administrator ISSUE: Consideration of an ordinance to authorize the issuance of Lease Revenue Bonds to finance various County capital projects as detailed in the approved fiscal year 2018- 2027 Capital Improvement Program (CIP). BACKGROUND: The proposed ordinance authorizes the issuance of up to $7,500,000 million in Lease Revenue bonds for the fiscal year 2017-2018 capital projects. The Lease Revenue bonds will provide funding for planned County projects including Explore Park ($4,400,000), Public Safety Radios ($1,675,000), and the Public Service Center ($1,000,000). Full project descriptions as detailed in the approved fiscal year 2018-2027 Capital Improvement Program are included as Attachment A. DISCUSSION: The proposed structure of the bond is a Lease Revenue Bond through Virginia Resources Authority (VRA) in the amount of up to $7,500,000 million of bonds, a true interest cost not to exceed five percent (5%), and term to maturity not to exceed twenty years for Explore Park and the Public Service Center and ten years for the Public Safety Page 1 of 3 Radios. This is an estimate of the maximum borrowing authority that the County may need. The amount of the bonds the County issues will depend on interest rate conditions in the marketplace at the time of the bond sale. As a condition of the issuance and purchase of the Bonds, Virginia Resources Authority (VRA) requires the County of Roanoke provide collateral acceptable with a loan to value not exceeding 75%. Roanoke County's Vinton Library Branch at 300 S. Pollard St., Vinton, VA meets the essential facility test and provides the collateral required by VRA. Board approval of the attached Ordinance authorizes the execution of all documents associated with the financing of this project including: 1. Prime Lease between County and VRA 2. Local Lease Acquisition Agreement and Financing Lease between the VRA and the County 3. Leasehold Deed of Trust and Security Agreement 4. Other related documents There have been no changes since the first reading of this ordinance on September 12, 2017. FISCAL IMPACT: The fiscal year 2017-2018 estimated capital project costs associated with the three projects included in this proposed bond issuance total $9,100,000. County cash sources provide $2,025,000 of project funding with proposed bond funding providing for the remaining $7,075,000. Funding for the projects was included in the fiscal year 2018- 2027 Capital Improvement Program and appropriated by the Board of Supervisors through Budget Ordinance 052317-6, the County's fiscal year 2017-2018 Capital Budget. Principal and interest payments will begin in fiscal year 2018-2019. The County will capitalize interest for any payments due until July 1, 2018. Debt service on the proposed bond amount is projected to be approximately $710,000; however this will be dependent on market conditions at the time of sale and final amortization scheduled provided by VRA. The County's obligation to make payments to VRA under the Financing Lease is subject to annual appropriations by the Board, and does not constitute a pledge of the full faith and credit or taxing power of the County. The County's debt policies established parameters for issuing debt and managing outstanding debt. The County does not have any Constitutional or Statutory Debt Limits. Page 2 of 3 The County does abide by Board of Supervisors -imposed debt limits. The proposed bond issue in the amount not to exceed of approximately $7,500,000 million will allow the County to stay well within its limits of the County debt policy approved by the Board. Calculations regarding County debt policies, projected outstanding debt, and projected debt service are part of the approved fiscal year 2018-2027 Capital Improvement Program document, and included as Attachment B for reference. STAFF RECOMMENDATION: Staff recommends approval of this ordinance. Page 3 of 3 U • N 0 OC) cz M Ln N cz ¢ rl.� O n O% cd rq E a� rq • 0 va U O 3 E Q" co CL _ a R E > �, uo O� v 0 v C> 0• 0 > w uo E E+� cC 's E- Oco 0 +� r-, C C) U O 00 'S . w O -� 4-J WD O ccz N U N p. 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Lr N O C� a--+ C� fA ffl ) O O Lo N N CL) N O � tfr f» � • Ste" N CV .' . •--� N En ti r -I (1) co ff} ffl O D O GW_ p N a 0 N rI-I O ff} ffl W N •� N 0 W a-+ O N C\l ti C) O •� Q v 11, N ON n N CV m�, a 00� ., v v o CL) CA ��� N C- CL) U N O c I O o N U .V N N ,� cd Z U p ICI » cd U � Q O�N 0 o 0 o 0 0 c o o o o } N =`1 N 1O suol it Ul o W 4J U NCL) .� CL) CL) i CL) CL Wa AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 26, 2017 ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA APPROVING THE LEASE FINANCING OF VARIOUS CAPITAL PROJECTS FOR THE COUNTY AND AUTHORIZING THE LEASING OF CERTAIN COUNTY -OWNED PROPERTY, THE EXECUTION AND DELIVERY OF A PRIME LEASE AND A LOCAL LEASE ACQUISITION AGREEMENT AND FINANCING LEASE, AND OTHER RELATED ACTIONS WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County"), intends to finance all or a portion of the costs (or to reimburse the County for payment of such costs) of various capital improvements, including the acquisition, construction and equipping of public safety radios, a public park and a public service center, including capitalized interest for all or a portion of the construction period (collectively, the "Projects"); WHEREAS, the Board has determined that it is in the best interest of the County to enter into a lease arrangement in order to obtain funds to finance the Projects; WHEREAS, the Board is authorized, pursuant to Section 15.2-1800 of the Code of Virginia of 1950, as amended, to lease any improved or unimproved real estate held by the County; WHEREAS, the first reading of this ordinance was held on September 12, 2017 and the second reading was held on September 26, 2017; WHEREAS, Virginia Resources Authority ("VRA") intends to issue its Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing Program), Series 2017C (the "VRA Bonds"), and to provide a portion of the proceeds to the County to Page 1 of 8 finance the Projects pursuant to the terms of a Local Lease Acquisition Agreement and Financing Lease (the "Financing Lease"), between the County and VRA; WHEREAS, the County will enter into a Prime Lease (the "Prime Lease") with VRA whereby the County will lease certain real estate, which may include the Vinton Library (the "Real Estate") and the associated improvements and property located thereon (the "Improvements") to VRA; WHEREAS, the County will enter into the Financing Lease with VRA pursuant to which VRA will lease the Real Estate and the Improvements back to the County and the County will make rental payments corresponding in amount and timing to the debt service on the portion of the VRA Bonds issued to finance the Projects (the "Rental Payments"); WHEREAS, pursuant to the Financing Lease the County will undertake and complete the Projects; WHEREAS, the County intends to pay the Rental Payments out of appropriations from the County's General Fund; WHEREAS, the Financing Lease shall indicate that approximately $7,075,000 plus any amount requested for capitalized interest (or such other amount as requested by the County and approved by VRA prior to the pricing of the VRA Bonds) is the amount of proceeds requested (the "Proceeds Requested") from VRA; WHEREAS, VRA's objective is to pay the County an amount which, in VRA's judgment, reflects the market value of the Rental Payments under the Financing Lease (the "VRA Purchase Price Objective"), taking consideration of such factors as the purchase price to be received by VRA for the VRA Bonds, the issuance costs of the VRA Bonds (consisting of the underwriters' discount and other costs incurred by VRA Page 2 of 8 (collectively, the "VRA Costs")) and other market conditions relating to the sale of the VRA Bonds; WHEREAS, such factors may result in the County receiving an amount other than the par amount of the aggregate principal components of the Rental Payments under the Financing Lease and consequently (i) the aggregate principal components of the Rental Payments under the Financing Lease may be greater than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized aggregate principal components of the Rental Payments under the Financing Lease set forth in paragraph 4 of this Ordinance does not exceed the Proceeds Requested by at least the amount of the VRA Costs and any original issue discount, the amount to be paid to the County, given the VRA Purchase Price Objective and market conditions, will be less than the Proceeds Requested; WHEREAS, the Prime Lease and the Financing Lease are referred to herein as the "Documents." Copies of the Documents are on file with the County Administrator. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Approval of Lease -Leaseback Arrangement. The lease -leaseback arrangement with VRA to accomplish the financing of the Projects is hereby approved. The County Administrator is authorized to determine the Real Estate and Improvements, as may be required by VRA, to be subject to the lease -leaseback arrangement. 2. Approval of Prime Lease. The leasing of the Real Estate and the Improvements by the County, as lessor, to VRA, as lessee, pursuant to the terms of the Prime Lease is hereby approved. Page 3 of 8 3. Approval of the Financing Lease. The leasing of the Real Estate and the Improvements by VRA, as lessor, to the County, as lessee, pursuant to the terms of the Financing Lease is hereby approved. 4. Approval of the Terms of the Rental Payments. The Rental Payments set forth in the Financing Lease shall be composed of principal and interest components reflecting an original aggregate principal amount not to exceed $7,500,000, a true interest cost not to exceed 5.00% per annum (taking into account any original issue discount or premium) and a term not exceeding 20 years from the date of the closing of the VRA Bonds. It is determined to be in the best interest of the County to accept the offer of VRA to enter into the Financing Lease with the County for an amount determined by VRA to be fair, subject to the conditions set forth in this Ordinance, which Financing Lease shall be executed by the Chairman of the Board (the "Chairman") and the County Administrator, or either of them. Given the VRA Purchase Price Objective and market conditions, it may become necessary to enter into the Financing Lease with aggregate principal components of the Rental Payments greater than the Proceeds Requested. If the limitation on the maximum aggregate principal components of Rental Payments on the Financing Lease set forth in this paragraph 4 restricts VRA's ability to generate the Proceeds Requested, taking into account the VRA Costs, the VRA Purchase Price Objective and market conditions, the County Administrator is authorized to accept a purchase price for the Bond at an amount less than the Proceeds Requested. The Financing Lease, in substantially the form presented to this meeting, is hereby approved, with such completions, omissions, insertions and changes not inconsistent with Page 4 of 8 this Ordinance as may be approved by the Chairman or the County Administrator. The Chairman and the County Administrator, either of whom may act are hereby authorized and directed to enter into the Financing Lease. The actions of the Chairman and the County Administrator in accepting the final terms of the Rental Payments shall be conclusive, and no further action shall be necessary on the part of the Board. 5. Other Payments under Financing Lease. The County agrees to pay all amounts required by the Financing Lease, including any amounts required by Section 5.1(b) of the Financing Lease, including the "Supplemental Interest," as provided in such section. 6. Execution and Recordation of Documents. The Chairman and the County Administrator, either of whom may act, are authorized and directed to execute the Documents and deliver them to the other parties thereto. The Chairman and the County Administrator, either of whom may act, are further authorized to cause the Documents, to be recorded in the Clerk's Office of the Circuit Court of Roanoke County. 7. Form of Documents. The Documents shall be in substantially the forms on file with the County Administrator, which are hereby approved with such completions, omissions, insertions and changes as may be approved by the Chairman and the County Administrator, either of whom may act, with the execution and delivery of the Documents by the Chairman and/or the County Administrator constituting conclusive evidence of the approval of any such completions, omissions, insertions, and changes. Page 5 of 8 8. Essentiality of the Projects and Real Estate. The Projects, the Real Estate and the Improvements are hereby declared to be essential to the efficient operation of the County, and the County anticipates that the Projects, the Real Estate and the Improvements will continue to be essential to the operation of the County during the term of the Financing Lease. 9. Annual Budget. While recognizing that it is not empowered to make any binding commitment to make Rental Payments and any other payments required under the Financing Lease beyond the current fiscal year, the Board hereby states its intent to make annual appropriations for future fiscal years in amounts sufficient to make all such payments and hereby recommends that future Boards do likewise during the term of the Financing Lease. The Board directs the County Administrator, or such other officer who may be charged with the responsibility for preparing the County's annual budget, to include in the budget request for each fiscal year during the term of the Financing Lease an amount sufficient to pay the Rental Payments and all other payments coming due under the Financing Lease during such fiscal year. If at any time during any fiscal year of the County throughout the term of the Financing Lease, the amount appropriated in the County's annual budget in any such fiscal year is insufficient to pay when due the Rental Payments and any other payments required under the Financing Lease, the Board directs the County Administrator, or such other officer who may be charged with the responsibility for preparing the County's annual budget, to submit to the Board at the next scheduled meeting, or as promptly as practicable but in any event within 45 days, a request for a supplemental appropriation sufficient to cover the deficit. Page 6 of 8 10. Rental Payments Subject to Appropriation. The County's obligation to make the Rental Payments and all other payments pursuant to the Financing Lease is hereby specifically stated to be subject to annual appropriation therefor by the Board, and nothing in this Ordinance or the Documents shall constitute a pledge of the full faith and credit nor taxing power of the County or compel the Board to make any such appropriation. 11. Disclosure Documents. The County authorizes and consents to the inclusion of information with respect to the County to be contained in VRA's Preliminary Official Statement and VRA's Official Statement in final form, both to be prepared in connection with the sale of the VRA Bonds. If appropriate, such disclosure documents shall be distributed in such manner and at such times as VRA shall determine. The County Administrator is authorized and directed to take whatever actions are necessary and/or appropriate to aid VRA in ensuring compliance with Securities and Exchange Commission Rule 15c2-12. 12. Tax Documents. The County Administrator and the Director of Finance, either of whom may act, is authorized to execute a Nonarbitrage Certificate and Tax Compliance Agreement and/or any related document (the "Tax Documents") setting forth the expected use and investment of the proceeds of the VRA Bonds to be received pursuant to the Documents and containing such covenants as may be necessary in order for the County and/or VRA to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Tax Code"), with respect to the VRA Bonds and the Documents including the provisions of Section 148 of the Tax Code and applicable regulations relating to "arbitrage bonds." The County covenants that the proceeds of the VRA Bonds Page 7 of 8 to be received pursuant to the Documents will be invested and expended as set forth in the Tax Documents, to be delivered simultaneously with the issuance and delivery of the Financing Lease and that the County shall comply with the other covenants and representations contained therein. 13. Other Actions. All other actions of the officers of the County in conformity with the purpose and intent of this Ordinance are hereby approved and confirmed. The officers of the County are hereby authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the execution and delivery of the Documents. 14. SNAP Investment Authorization. The County has heretofore received and reviewed the Information Statement (the "Information Statement") describing the State Non -Arbitrage Program of the Commonwealth of Virginia ("SNAP") and the Contract Creating the State Non -Arbitrage Program Pool I (the "Contract"), and the County has determined to authorize the Director of Finance to utilize SNAP in connection with the investment of the proceeds of the lease -leaseback transaction if the Director of Finance determines that the utilization of SNAP is in the best interest of the County. The Board acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the County in connection with SNAP, except as otherwise provided in the contract creating the investment program pool. 15. Effective Date. This Ordinance shall take effect immediately. Page 8 of 8 Prepared by: Arthur E. Anderson II McGuireWoods LLP Gateway Plaza 800 East Canal Street Richmond, Virginia 23219 Tax Parcel No.: PRIME LEASE THIS PRIME LEASE IS EXEMPT FROM RECORDING TAXES UNDER SECTION 58.1-811 OF THE CODE OF VIRGINIA OF 1950, AS AMENDED This PRIME LEASE (as amended, modified, extended, restated or supplemented from time to time, this "Lease") is dated as of [], 2017, and is a deed of lease made between the COUNTY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "Local Government"), as lessor, and the VIRGINIA RESOURCES AUTHORITY, a public body corporate and a political subdivision of the Commonwealth of Virginia ("VRA"), as lessee. RECITALS A. VRA desires to acquire, and the Local Government desires to lease to VRA, a leasehold interest in certain real estate described in Exhibit A (the "Real Estate") and the Improvements (as defined in the hereinafter defined Financing Lease) in order to assist the Local Government with financing the Project (as defined in the Financing Lease). B. The Local Government is authorized pursuant to Section 15.2-1800 of the Code of Virginia of 1950, as amended (the "Code"), to lease the Real Estate and the Improvements (collectively, as more particularly described in the Financing Lease, the "Leased Property") to VRA. C. VRA will lease the Leased Property back to the Local Government pursuant to a Local Lease Acquisition Agreement and Financing Lease dated as of September 15, 2017 (as amended, modified, extended, restated or supplemented from time to time, the "Financing Lease"), between the Local Government and VRA. NOW THEREFORE, parties agree as follows: I . Lease of Real Estate. The Local Government hereby demises and leases to VRA, and VRA hereby leases from the Local Government, the Leased Property, upon the terms and conditions hereinafter set forth. 2. Definitions. Each capitalized term used herein has the same meaning given to it in the Financing Lease, unless the context requires otherwise. 3. Term. The term of this Lease commences on the dated date of this Lease and ends on October 1, 2042, unless such term is sooner terminated or relinquished as hereinafter provided. 4. Rental. VRA shall pay to the Local Government rent hereunder in the amount of $5.00. The Local Government hereby acknowledges receipt and sufficiency of the rental payment. 93744407 1 McGuireWoods LLP Draft of 9/7/17 5. VRA's Use of the Leased Property. VRA shall use the Leased Property solely for the purpose of assisting the Local Government with the financing of the Project as well as for such purposes as may be incidental and necessary thereto, as provided in and subject to the terms of the Financing Lease. 6. Owner in Fee of Real Estate. The Local Government hereby represents and warrants that it is the owner in fee simple of the Leased Property. 7. Assignment and Sublease; Encumbrances. (a) VRA shall not sell, mortgage, pledge, assign or encumber its rights under this Lease or sublet the Leased Property except in accordance with the terms of the Financing Lease. (b) The Local Government agrees that, as long as any of the Rental Payments under the Financing Lease remain unpaid, except as specifically provided for herein or in the Financing Lease, the union of the interests of the Local Government and VRA shall not result in a merger of this Lease and the fee interest in the Real Estate. 8. Termination. Upon the Local Government's satisfaction of all of the Rental Payments under the Financing Lease, this Lease shall automatically be assigned to the Local Government and shall be terminated through merger of the leasehold interest with the fee simple interest. VRA shall, upon such assignment and termination or upon the expiration of the term hereunder surrender the Real Estate to the Local Government. Any Improvements and any personal property existing upon the Real Estate at the time of termination of this Lease shall remain thereon, and VRA shall have no interest therein, and such Improvements and personal property shall be free of any encumbrance imposed by VRA pursuant to or in connection with this Lease or the Financing Lease at the time of such termination. Upon request by the Local Government, VRA shall execute and deliver to the Local Government an appropriate instrument assigning, transferring and conveying to the Local Government all of VRA's right, title and interest in this Lease, the Leased Property free from any lien or security interest that was granted by VRA, but without other warranties, and shall enter into an appropriate instrument terminating this Lease. 9. Default. The Local Government acknowledges that upon an Event of Default VRA and the Trustee are each entitled to exercise any and all remedies available under the Financing Lease and the Indenture, including possession of the Leased Property for the remainder of the term of this Lease, subleasing any or all of the Leased Property or selling VRA's interest in any or all of the Leased Property. Notwithstanding the foregoing, if VRA or its assigns or sublessees receive a payment for the sale of its interest or total rental payments from the sublease that are, after payment of related expenses, in excess of all amounts due under the Financing Lease applicable at the time of the occurrence or Event of Default or Event of Non -Appropriation, such excess shall be paid to the Local Government by VRA or its assigns or its sublessee. The Local Government shall not exclude VRA or the Trustee, or both, from the Leased Property, take possession of the Leased Property (other than pursuant to the Financing Lease) or terminate this Lease prior to the expiration of its term for any reason. -2- 10. Quiet Enjoyment. Subject to Section 12 hereof, VRA shall have, hold and enjoy peaceably and quietly all of the Leased Property. 11. Further Assurances. The Local Government shall to the fullest extent permitted by law pass, make, do, execute, acknowledge and deliver such further resolutions, acts, deeds, conveyances, assignments, transfers and assurances as may be necessary or desirable for the better assuring, conveying, granting, assigning and confirming the rights of VRA under this Lease, or as may be required to carry out the purposes of this Lease. The Local Government shall, to the fullest extent permitted by law, defend, preserve and protect all rights of VRA under this Lease against all claims and demands of all persons. 12. Leaseback to Local Government. Contemporaneously with the execution of this Lease, VRA and the Local Government shall deliver the executed Financing Lease whereby VRA will lease back to the Local Government, and the Local Government will lease from VRA, the Leased Property, in accordance with the terms thereof. Title to the Leased Property shall be deemed to remain in the Local Government at all times, subject to the leasehold interest of VRA. 13. Severability. If any clause, provision or section of this Lease is held illegal or invalid by any court, the illegality or invalidity of such clause, provision or section shall not affect the remaining clauses, provisions and sections, and this Lease shall be construed and enforced as if such illegal or invalid clause, provision or section had not been contained herein. If any agreement or obligation contained in this Lease is held to be in violation of law, then such agreement or obligation shall be deemed to be the agreement or obligation of the Local Government or VRA, as the case may be, only to the extent permitted by law. 14. Notices. All notices or other communications given under this Lease shall be delivered in accordance with the Financing Lease. 15. Counterparts. This Lease may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which together shall constitute but one and the same instrument. 16. Successors. This Lease shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. 17. Applicable Law. This Lease shall be governed by the applicable laws of the Commonwealth of Virginia. 18. Headings. The headings of the several sections of this Lease are inserted for convenience only and do not comprise a part of this Lease. 19. No Partnership. Nothing in this Lease shall be construed as making any party a partner or joint venturer with any other party. 20. Amendments. This Lease may not be amended except by written instrument signed by the parties hereto. [Signature Pages Follow] -3- IN WITNESS WHEREOF, the Local Government and VRA are signing this Prime Lease as of the day and year first above written. [SEAL] COUNTY OF ROANOKE, VIRGINIA Thomas Gates County Administrator COMMONWEALTH OF VIRGINIA ) COUNTY OF ROANOKE ) to -wit: The foregoing instrument was acknowledged before me in the County of Roanoke, Virginia, this day of [ 5 2017, by Thomas Gates, as the County Administrator of the County of Roanoke, Virginia, on behalf thereof. Notary Public [SEAL] My commission number: My commission expires: [Signature Page of Prime Lease for County of Roanoke, Virginia] VIRGINIA RESOURCES AUTHORITY Jean Bass, Acting Executive Director COMMONWEALTH OF VIRGINIA ) to -wit: CITY OF RICHMOND ) The foregoing instrument was acknowledged before me in the jurisdiction aforesaid, this day of [], 2017, by Jean Bass, as the Acting Executive Director of Virginia Resources Authority on behalf thereof. Notary Public [SEAL] My commission number: My commission expires: [Signature Page of Prime Lease for County of Roanoke, Virginia] EXHIBIT A DESCRIPTION OF REAL ESTATE All that certain real property and any and all improvements now or hereafter existing thereon located in Roanoke County, Virginia, located at [ ], is located, and as more particularly described as follows in the Roanoke County land records: Tax Map Number [ I� Prepared by: Arthur E. Anderson II McGuireWoods LLP Gateway Plaza 800 East Canal Street Richmond, Virginia 23219 Tax Parcel No. [ LOCAL LEASE ACQUISITION AGREEMENT AND FINANCING LEASE between VIRGINIA RESOURCES AUTHORITY as Lessor and COUNTY OF ROANOKE, VIRGINIA as Lessee Dated as of September 27, 2017 Virginia Resources Authority Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing Program) Series 2017C (Tax -Exempt) THIS AGREEMENT IS EXEMPT FROM RECORDING TAXES UNDER SECTION 58.1-811 OF THE CODE OF VIRGINIA OF 1950, AS AMENDED. 93741008_3 McGuireWoods LLP Draft of 9/19/17 TABLE OF CONTENTS Page ARTICLE I DEFINITIONS................................................................................................. 1 Section1.1 Definitions............................................................................................ I Section 1.2 Rules of Construction.......................................................................... 5 ARTICLE II REPRESENTATIONS.................................................................................... 5 Section 2.1 Representations by VRA...................................................................... 5 Section 2.2 Representations by Local Government ................................................ 5 ARTICLE III ACQUISITION OF FINANCING LEASE AND LEASE OF REAL ESTATE........................................................................................................... 7 Section 3.1 Acquisition of Financing Lease........................................................... 7 Section 3.2 Issuance Expenses................................................................................ 8 Section3.3 Schedule 1.1......................................................................................... 8 Section 3.4 Conditions Precedent........................................................................... 9 Section 3.5 Lease to Local Government and Title to Real Estate ........................ 10 Section3.6 Lease Term......................................................................................... 11 Section 3.7 Transfer Upon Termination............................................................... 11 Section 3.8 Disclaimer of Warranty...................................................................... 11 Section 3.9 Obligations of the Local Government Unconditional ........................ 1 I Section 3.10 Appropriation of Rental Payments by Local Government ................ I I Section 3.11 No Assignment................................................................................... 12 Section3.12 Net Lease........................................................................................... 12 ARTICLE IV USE OF LEASE PROCEEDS....................................................................... 12 Section 4.1 Deposit of Lease Proceeds Amount; Investment of Amounts in LocalAccount.................................................................................... 12 Section 4.2 Agreement to Accomplish Project ..................................................... 12 Section 4.3 Disbursement of Lease Proceeds and Earnings ................................. 13 Section 4.4 No Sufficiency Warranty by VRA; Local Government Required to Complete Project............................................................ 14 ARTICLE V NON-APPROPRIATION.............................................................................. 14 Section 5.1 Non -Appropriation; Termination of Financing Lease ....................... 14 Section 5.2 Remedies of VRA.............................................................................. 14 Section 5.3 Reinstatement..................................................................................... 15 -1- ARTICLE VI PAYMENT AND REDEMPTION................................................................ 15 Section 6.1 Payment of Rental Payments and Related Amounts .......................... 15 Section 6.2 Defeasance and Redemption.............................................................. 16 Section 6.3 Payments and Rights Assigned.......................................................... 17 Section 6.4 Obligations Absolute and Unconditional ........................................... 17 ARTICLE VII OPERATION AND USE OF THE LEASED PROPERTY AND THE RELATED FINANCED PROPERTY........................................................... 18 Section 7.1 Maintenance....................................................................................... 18 Section 7.2 Additions and Modifications.............................................................. 18 Section7.3 Permits............................................................................................... 18 Section7.4 Use..................................................................................................... 18 Section 7.5 Inspection and Local Government's Books and Records ................... 18 Section7.6 Ownership.......................................................................................... 18 Section 7.7 Sale or Encumbrance......................................................................... 19 Section 7.8 Lawful Charges.................................................................................. 19 Section 7.9 Construction Contractors................................................................... 20 Section 7.10 Environmental Responsibilities......................................................... 20 ARTICLE VIII INSURANCE, DAMAGE AND DESTRUCTION ....................................... 20 Section8.1 Insurance............................................................................................ 20 Section 8.2 Requirements of Policies................................................................... 21 Section 8.3 Notice of Damage, Destruction or Condemnation ............................. 22 Section 8.4 Damage and Destruction.................................................................... 22 Section 8.5 Condemnation and Loss of Title ........................................................ 22 ARTICLE IX SPECIAL COVENANTS.............................................................................. 22 Section9.1 Tax Covenants................................................................................... 23 Section 9.2 Maintenance of Existence.................................................................. 23 Section 9.3 Financial Records and Statements..................................................... 23 Section 9.4 Certification as to No Default and Tax Compliance .......................... 23 Section 9.5 Further Assurances............................................................................. 23 Section 9.6 Assignment by Local Government.................................................... 24 Section 9.7 Continuing Disclosure....................................................................... 24 Section 9.8 Indebtedness....................................................................................... 27 Section9.9 Liability.............................................................................................. 27 Section 9. 10 Litigation; Material Change............................................................... 27 ARTICLE X DEFAULTS AND REMEDIES.................................................................... 27 Section 10.1 Events of Default............................................................................... 27 Section 10.2 Acceleration....................................................................................... 28 Section 10.3 Other Remedies.................................................................................. 28 Section 10.4 Delay and Waiver.............................................................................. 29 Section 10.5 Non-Substitution................................................................................ 29 ARTICLE XI MISCELLANEOUS...................................................................................... 29 Section 11.1 State Aid Intercept............................................................................. 29 Section 11.2 Successors and Assigns...................................................................... 29 Section 11.3 Amendments...................................................................................... 29 Section 11.4 Limitation of Local Government's Liability ...................................... 29 Section 11.5 Applicable Law.................................................................................. 30 Section11.6 Severability........................................................................................ 30 Section11.7 Notices............................................................................................... 30 Section 11.8 Right to Cure Default......................................................................... 30 Section 11.9 Term of Agreement............................................................................ 30 Section 11.10 Counterparts....................................................................................... 30 Exhibit A Description of Real Estate Exhibit B Description of the Project Exhibit C Pending or Threatened Actions, Suits, Proceedings or Investigations Exhibit D Form of Requisition Exhibit E Operating Data Exhibit F Form of Opinion of Counsel to Local Government Exhibit G Form of Certification as to No Default Exhibit H Description of Special Use Arrangements Schedule 1.1 Final Terms LOCAL LEASE ACQUISITION AGREEMENT AND FINANCING LEASE This LOCAL LEASE ACQUISITION AGREEMENT AND FINANCING LEASE is a deed of lease made as of September 15, 2017, between the VIRGINIA RESOURCES AUTHORITY, a public body corporate and a political subdivision of the Commonwealth of Virginia ("VRA"), as Lessor, and the COUNTY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "Local Government"), as Lessee. A. VRA intends to issue its Related Series of VRA Bonds, as hereinafter defined, and to use a portion of the proceeds thereof to assist the Local Government in financing the Project, as hereinafter defined. B. VRA and the Local Government wish to set forth herein certain terms, conditions and provisions related to the purchase of this Agreement, the application of the proceeds hereof, the payment of the sums owed under this Agreement, the use and maintenance of the Related Financed Property, as hereinafter defined, and the lease of the Leased Property, as hereinafter defined by, VRA to the Local Government. NOW, THEREFORE, VRA and the Local Government agree as follows: ARTICLE I DEFINITIONS Section 1.1 Definitions. Each capitalized term contained in this Agreement has the meaning set forth below unless the context requires otherwise: "2017C Acquisition Fund" has the meaning set forth in the Related Supplemental Series Indenture. "Act" means the Virginia Resources Authority Act, Chapter 21, Title 62.1 of the Code of Virginia of 1950, as amended. "Agreement" means this Local Lease Acquisition Agreement and Financing Lease dated as of the date first written above, between VRA and the Local Government, as modified, altered, amended or supplemented in accordance with the terms hereof. "Business Day" means any day on which commercial banking institutions are generally open for business in New York, New York and Richmond, Virginia. "Closing Date" means November 15, 2017, or such other date as may be determined by "Consulting Engineer" means the Local Engineer or the Outside Engineer. "Deed of Trust" means the Leasehold Deed of Trust by VRA in favor of the Trustee and the deed of trust trustees named therein dated as of [], 2017, as modified, altered, amended or supplemented from time to time. "Effective Date" means September 27, 2017, which is the deadline for the Local Government to provide an executed copy of this Agreement to VRA. "Event of Default" has the meaning set forth in Section 10.1. "Event of Non -Appropriation" has the meaning set forth in Section 5.1. "Financing Parameters" means the parameters established by the governing body of the Local Government regarding the terms and conditions of this Agreement, which may include a maximum principal amount of Rental Payments, maximum "true" interest cost or targeted savings. "Fiscal Year" means the twelve-month period beginning July 1 of one year and ending on June 30 of the following year, or if the Local Government has established another twelve- month period as its annual accounting period such other twelve-month period. "Government Obligations" means direct obligations of, or obligations the payment of the principal of and interest on which is unconditionally guaranteed by, the United States of America. "Improvements" means the structures and improvements now or hereafter located or situated on the Real Estate, whether or not pursuant to the undertaking of the Project. "Insurance Consultant" means an independent insurance consultant experienced and of recognized standing in the field of municipal insurance. "Lease Proceeds Amount" has the meaning set forth in Schedule 1.1 and represents the amount received by the Local Government from the sale of this Agreement to VRA. The Lease Proceeds Amount will be determined by adding to or subtracting from the portion of the par amount of the Related Portion of VRA Bonds the Local Government's share of the net original issue premium or discount on the Related Series of VRA Bonds and by subtracting from the par amount of the Related Portion of VRA Bonds the Local Government's share of VRA's expenses as set forth in Section 3.2 and the Local Government's share of the deposit on the Closing Date to a VRA Reserve. "Leased Property" means all or any portion of the Real Estate or the Improvements or both, as context may require. "Leases" means, collectively, this Agreement and the Prime Lease. "Local Account" means the local account established for this Agreement within the 2017C Acquisition Fund. "Local Authorization" means the resolution adopted on September 26, 2017, by a majority of the members of the governing body of the Local Government approving (i) the transactions contemplated by and authorizing the execution and delivery of the Local Lease Documents and (ii) the sale of this Agreement subject to the Financing Parameters. -2- "Local Lease Documents" means the Financing Lease, the Prime Lease and the Local Tax Document. "Local Engineer" means an officer or employee of the Local Government so designated in writing by a Local Representative, which officer or employee (i) is licensed as a professional engineer in Virginia, (ii) has recognized standing and experience in the design and construction of facilities similar to the Project and (iii) is subject to VRA's reasonable approval. "Local Representative" means (i) the chair or vice chair of the governing body of the Local Government, (ii) the chief executive officer of the Local Government and (iii) any other official or employee of the Local Government authorized by resolution of the governing body of the Local Government to perform the act or sign the document in question. "Local Tax Document" means the Nonarbitrage Certificate and Tax Compliance Agreement dated the Closing Date, between the Local Government and VRA, as modified, altered, amended and supplemented. "Master Indenture" means the Master Indenture of Trust dated as of December 1, 2003, between VRA and the Trustee, as modified, altered, amended and supplemented in accordance with its terms. "Outside Engineer" means a firm of independent consulting engineers with recognized standing in the field of structural engineering and licensed as professional engineers in Virginia that the Local Government designates in writing, subject to VRA's reasonable approval. "Pricing Objective" has the meaning set forth in Section 31(b). "Prime Lease" means the Prime Lease dated as of September 27, 2017, between the Local Government and VRA, as modified, altered, amended and supplemented in accordance with its terms and the terms of this Agreement. "Proceeds Requested" means $7,075,000, or such other amount requested in writing by the Local Government and approved by VRA prior to the Sale Date. "Project" means the project described in Exhibit B. "Project Budget" means the budget for the Project set forth in Schedule I.I. "Project Costs" means the costs of the Project to the extent such costs are included in the definition of "cost" set forth in Section 62.1-199 of the Act, and includes the refunding of obligations of VRA or the Local Government issued to finance or refinance "costs" set forth in Section 62.1-199 of the Act_ "Qualified Self -Insurance Plan" means any plan or program of self-insurance regarding which the Local Government has received an opinion of an Insurance Consultant that the Local Government has established an adequate, actuarially sound program for the funding of reserves for such self-insurance or an insurance pool established in accordance with the Virginia Code. -3- "Real Estate" means the real estate described in Exhibit A. "Related Financed Property" means the land, building, equipment and other property, the acquisition, construction, renovation, or equipping of which was financed or refinanced by this Agreement as part of the Project. "Related Portion of VRA Bonds" means the portion of the Related Series of VRA Bonds allocable to this Agreement (as determined by VRA), including any bonds issued by VRA to refund such Related Series of VRA Bonds in whole or in part. "Related Series of VRA Bonds" means the Virginia Resources Authority Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing Program), Series 2017C, in the original aggregate principal amount set forth in Schedule 1. 1, and, unless the Local Government receives notice to the contrary from VRA, any bonds issued by VRA to refund the Related Series of VRA Bonds in whole or in part. "Related Supplemental Series Indenture" means the Fortieth Supplemental Series Indenture of Trust dated as of November 1, 2017, between VRA and the Trustee, as modified, altered, amended and supplemented in accordance with its terms and those of the Master Indenture. "Rental Payments" means the rental payments due to VRA from the Local Government pursuant to Section 6. 1, including, but not limited to, Supplemental Interest. "Revenue Fund" has the meaning set forth in the Master Indenture_ "Sale Date" means November 1, 2017, or such other date specified in Schedule 1.1. "Supplemental Interest" has the meaning set forth in Section 6.1. "Trustee" means U.S. Bank National Association, Richmond, Virginia, as trustee under the Master Indenture and the Related Supplemental Series Indenture, or its successors serving in such capacity. "Verification Agent" means a firm or individual engaged by VRA to provide the Verification Report. "Verification Report" means the report of the Verification Agent. "Virginia Code" means the Code of Virginia of 1950, as amended. "Virginia SNAP" means the Commonwealth of Virginia State Non -Arbitrage Program. "VRA" means the Virginia Resources Authority, a public body corporate and a political subdivision of the Commonwealth of Virginia. "VRA Bonds" means the Related Series of VRA Bonds and any additional bonds issued under the Master Indenture. 10 "VRA Reserve" means any one or more of the Capital Reserve Fund, the Infrastructure Debt Service Reserve Fund, the Operating Reserve Fund, a CRF Credit Facility or an Infrastructure Revenue DSRF Facility, each as defined in the Master Indenture. Section 1.2 Rules of Construction. The following rules apply to the construction of this Agreement unless the context requires otherwise: (a) Singular words connote the plural number as well as the singular and vice versa. (b) Words importing the redemption or calling for redemption of the Local Government's obligations under this Agreement do not refer to or connote the payment of such obligations as and when they are due. (c) All references in this Agreement to particular Articles, Sections or Exhibits are references to Articles, Sections or Exhibits of this Agreement unless otherwise indicated. (d) The headings and table of contents as used in this Agreement are solely for convenience of reference and do not constitute a part of this Agreement and do not affect its meaning, construction or effect. ARTICLE II REPRESENTATIONS Section 2.1 Representations by VRA. VRA represents to the Local Government as follows: (a) VRA is a duly created and validly existing public body corporate and political subdivision of the Commonwealth of Virginia vested with the rights and powers conferred upon it under the Act. (b) VRA has full right, power and authority to (i) issue, sell and deliver the Related Series of VRA Bonds, (ii) direct the Trustee to use a portion of the proceeds of the Related Series of VRA Bonds to purchase this Agreement from the Local Government as contemplated under the Related Supplemental Series Indenture and this Agreement and (iii) carry out and consummate all other transactions contemplated by this Agreement. (c) VRA has duly authorized, executed and delivered this Agreement, and when executed the Leases will constitute legal, valid and binding obligations of VRA enforceable against VRA in accordance with their respective terms. Section 2.2 Representations by Local Government. The Local Government represents to VRA as follows: (a) The Local Government is a duly created and validly existing Virginia "local government" (as defined in Section 62.1-199 of the Act) and is vested with the rights and powers conferred upon it by Virginia law. -5- (b) The Local Government has full right, power and authority to (i) adopt the Local Authorization and execute and deliver the Local Lease Documents and all related documents, (ii) execute, sell and deliver this Agreement to VRA, (iii) own and operate the Leased Property and the Related Financed Property, (iv) undertake the Project and (v) carry out and consummate all of the transactions contemplated by the Local Authorization and the Local Lease Documents (including leasing the Leased Property to VRA pursuant to the Prime Lease and leasing the Leased Property from VRA pursuant to this Financing Lease). (c) The Local Authorization authorized the execution and delivery of this Agreement, and this Agreement is in substantially the same form as presented to the Local Government's governing body at its meeting at which the Local Authorization was adopted. (d) The Local Government has obtained all governmental permits, licenses, registrations, certificates, authorizations and approvals required to have been obtained as of the Effective Date for the Local Government's (i) adoption of the Local Authorization, (ii) execution and delivery of the Local Lease Documents, (iii) performance of its obligations under the Local Lease Documents, (iv) the undertaking of the Project and (v) the operation and use of the Leased Property and the Related Financed Property. The Local Government knows of no reason why any such required governmental permits, licenses, registrations, certificates, authorizations or approvals not required to be obtained by the Effective Date cannot be obtained as required in the future. (e) The Local Government has executed and delivered this Agreement, and this Agreement constitutes a legal, valid and binding obligation of the Local Government enforceable against the Local Government in accordance with its terms. (f) When executed and delivered in accordance with the Local Authorization, the Leases will have been executed and delivered by duly authorized officials of the Local Government and will constitute legal, valid and binding obligations of the Local Government enforceable against the Local Government in accordance with their terms. (g) The execution and delivery of the Local Lease Documents and the performance by the Local Government of its obligations thereunder are within the powers of the Local Government and will not conflict with, or constitute a breach or result in a violation of, to the best of the Local Government's knowledge (i) any federal or Virginia constitutional or statutory provision, including the Local Government's charter or articles of incorporation, if any, (ii) any agreement or other instrument to which the Local Government is a party or by which it is bound or (iii) any order, rule, regulation, decree or ordinance of any court, government or governmental authority having jurisdiction over the Local Government or its property. (h) The Local Government is not in default in the payment of the principal of or interest on any of its indebtedness for borrowed money and is not in default under any instrument under and subject to which any indebtedness for borrowed money has been incurred. No event or condition has happened or existed, or is happening or existing, under the provisions of any such instrument, including but not limited to this Agreement, which constitutes, or which, with notice or lapse of time, or both, would constitute an event of default thereunder. M (i) The Local Government to the best of the Local Government's knowledge (i) is not in violation of any existing law, rule or regulation applicable to it in any way that would have a material adverse effect on its financial condition or its ability to perform its obligations under the Local Lease Documents and (ii) is not in default under any indenture, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or restriction of any kind to which the Local Government is a party or by which it is bound or to which any of its assets is subject that would have a material adverse effect on its financial condition or its ability to perform its obligations under the Local Lease Documents. The Local Government's execution and delivery of the Local Lease Documents and its compliance with the terms and conditions thereof will not conflict with or result in a breach of or constitute a default under any of the foregoing. 0) The Local Government reasonably expects that, unless otherwise permitted by the terms of the Local Lease Documents or approved by VRA, the Local Government will own, operate and control the Leased Property and the Related Financed Property at all times during the term of the Local Lease Documents. (k) Except as set forth in Exhibit C, there are not pending nor, to the best of the Local Government's knowledge, threatened against the Local Government, any actions, suits, proceedings or investigations of a legal, equitable, regulatory, administrative or legislative nature, (i) affecting the creation, organization or existence of the Local Government or the title of its officers to their respective offices, (ii) seeking to prohibit, restrain or enjoin the approval, execution, delivery or performance of the Local Authorization or the Local Lease Documents, (iii) in any way contesting or affecting the validity or enforceability of the Local Authorization, the Local Lease Documents or any agreement or instrument relating to any of the foregoing, (iv) in which a judgment, order or resolution may have a material adverse effect on the Leased Property, the Local Government or its business, assets, condition (financial or otherwise), operations or prospects or on its ability to perform its obligations under the Local Authorization or the Local Lease Documents or (v) affecting the Project. (1) The financial statements, applications and other information that the Local Government furnished to VRA in connection with this Agreement fairly and accurately portray the Local Government's financial condition, as of their dates, and there has been no material adverse change in the financial condition of the Local Government since the date of the financial statements provided to VRA in connection with this Agreement. (m) Nothing that would constitute an Event of Default hereunder has occurred and is continuing, and no event or condition exists that with the passage of time or the giving of notice, or both, would constitute an Event of Default hereunder. ARTICLE III ACQUISITION OF FINANCING LEASE AND LEASE OF REAL ESTATE Section 3.1 Acquisition of Financing Lease. (a) Subject to the terms and conditions and in reliance upon the representations, warranties and agreements set forth or incorporated herein, VRA shall transfer to the Local Government, solely from the proceeds of the Related Series of VRA Bonds the Lease Proceeds Amount, and the Local Government shall deliver to -7- VRA this Agreement in return. The Local Government acknowledges that the Lease Proceeds Amount (i) is determined by VRA, (ii) is subject to VRA's Pricing Objective and market conditions as described below, (iii) is expected to be substantially equal to the Proceeds Requested and (iv) is subject to the Financing Parameters. (b) The Local Government acknowledges that VRA has advised the Local Government that its objective is to pay the Local Government a Lease Proceeds Amount for this Agreement that in VRA's judgment reflects the market value of this Agreement ("Pricing Objective"), taking into consideration the Financing Parameters, the purchase price received by VRA for the Related Series of VRA Bonds, the underwriters' discount and other issuance costs of the Related Series of VRA Bonds and other market conditions relating to the sale of the Related Series of VRA Bonds. The Local Government further acknowledges that VRA has advised it that such factors may result in this Agreement having a value other than par and that in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, the Local Government may need to deliver this Agreement with a par amount that is greater or less than the Proceeds Requested. The Local Government shall not deliver a Financing Lease that violates any Financing Parameter. Subject to the preceding sentence, the Local Government agrees to lease the Leased Property for a principal component of Rental Payments that provides to the fullest extent practicable, given VRA's Pricing Objective, a Lease Proceeds Amount at least equal to the Proceeds Requested, all in accordance with the Local Authorization. The Local Government acknowledges that the Lease Proceeds Amount will be less than the Proceeds Requested if any Financing Parameter prevents VRA from generating a Lease Proceeds Amount substantially equal to the Proceeds Requested, based upon VRA's Pricing Objective. Section 3.2 Issuance Expenses. VRA shall pay, or cause to be paid, from the proceeds of the Related Series of VRA Bonds all expenses incident to the performance of VRA's obligations under and the fulfillment of the conditions imposed by this Agreement in connection with the issuance, sale and delivery of the Related Series of VRA Bonds and the purchase of this Agreement on the Closing Date, including, but not limited to: (i) the cost, if any, of preparing and delivering the Related Series of VRA Bonds; (ii) the cost of preparing, printing and delivering the Preliminary Official Statement and the Official Statement for the Related Series of VRA Bonds and any amendment or supplement thereto; (iii) the fees and expenses of the financial advisor(s) and bond counsel to VRA; and (iv) all other costs and expenses incurred by VRA. The Local Government shall pay all expenses of the Local Government incident to the issuance, sale and delivery of this Agreement, including, but not limited to the fees and disbursements of the financial advisor, counsel and bond counsel to the Local Government from the Lease Proceeds Amount or other funds of the Local Government. Section 3.3 Schedule 1.1. VRA shall complete Schedule 1. 1, which shall set forth, among other things, the principal amount, interest rates, payment schedule and Lease Proceeds Amount with respect to this Agreement and the principal amount of the Related Series of VRA Bonds on or after the Sale Date. VRA shall deliver the completed Schedule 1.1 to the Local Government and shall attach Schedule 1.1 to this Agreement. Upon delivery to the Local Government, the completed Schedule 1.1 shall become a part of this Agreement the same as if it were a part hereof on the Effective Date. in Section 3.4 Conditions Precedent. VRA shall not be required to cause the Trustee to deposit the Lease Proceeds Amount into the Local Account unless: (a) VRA has received the following, all in form and substance satisfactory to (1) Certified copies of the Local Authorization and all other ordinances and resolutions of the Local Government relating to the Local Lease Documents, if any. (2) A certificate of the appropriate officials of the Local Government dated the Closing Date as to the matters set forth in Section 2.2, including appropriate certifications regarding the Local Lease Documents, and such other matters as VRA may reasonably require. (3) Evidence that the Local Government has performed and satisfied all of the terms and conditions contained in this Agreement to be performed and satisfied by it as of such date. (4) An opinion of counsel to the Local Government in substantially the form attached as Exhibit F. (5) An opinion of bond counsel to the Local Government in form and substance reasonably satisfactory to VRA. (6) Evidence that the Local Government has complied with the insurance provisions set forth in Section 8.1 and Section 8.2. (7) Original executed counterparts of the Prime Lease and the Local Tax Document. (8) A Phase I environmental report on the Real Estate or an environmental questionnaire, in form and substance satisfactory to VRA, as applicable. (9) A certificate of the Local Representative giving the Local Representative's estimate of the construction portion of the total Project Costs to be financed with the proceeds of this Agreement, which estimate must be in an amount and otherwise compatible with the financing plan described in the Project Budget (10) A certificate of a Local Representative (i) to the effect that the Lease Proceeds Amount and funds available from the other sources specified in the Project Budget will be sufficient to pay all of the estimated Project Costs and (ii) specifying the date the Local Government is expected to complete the Project. (11) [Intentionally Omitted.] (12) A certificate of the Local Representative to the effect that (i) all governmental permits, licenses, registrations, certificates, authorizations and approvals on for the undertaking of the Project required to have been obtained as of the Closing Date have been obtained and (ii) the Local Representative knows of no reason why any such required governmental permits, licenses, registrations, certificates, authorizations and approvals for the undertaking of the Project cannot be obtained as required in the future. (13) [Intentionally Omitted] (14) Such other documentation, certificates and opinions as VRA may reasonably require as set forth in Schedule 1.1. (b) The initial purchasers of the Related Series of VRA Bonds have paid in full and VRA has accepted the purchase price for the Related Series of VRA Bonds on the Closing Date. It is understood that the sole source of funds to pay the Lease Proceeds Amount is the proceeds of the Related Series of VRA Bonds. Section 3.5 Lease to Local Government and Title to Real Estate. (a) In order to effectuate the purposes of this Agreement, the Local Government shall make, execute, acknowledge and deliver, or cause to be made, executed, acknowledged and delivered, all contracts, deeds and other agreements in the name of the Local Government and, in general, to do or cause to be done all such other things as may be requisite or proper for the undertaking and completion of the Project, the lease of the Leased Property to VRA pursuant to the Prime Lease and the fulfillment of the obligations of the Local Government under this Agreement. (b) As of and on the Closing Date, VRA shall lease to the Local Government and the Local Government shall rent from VRA, the Leased Property and the Local Government agrees to pay the Rental Payments set forth in Section 6.1, all on the terms and conditions set forth in this Agreement. From and after the Closing Date, the Local Government shall be entitled to possession of the Leased Property, and the Local Government shall retain possession of the Leased Property as long as there shall not have occurred an Event of Default or an Event of Non -Appropriation. (c) During the term of this Agreement, title to the Leased Property shall be deemed to be in the Local Government, subject to the rights of VRA under this Agreement. To secure all obligations of the Local Government hereunder, the Local Government hereby grants to VRA a security interest in and to all of the Local Government's right, title and interest in and to all personal property and fixtures constituting a portion of the Leased Property including substitutions and replacements therefor, and all proceeds (cash and otherwise), including the proceeds of insurance. The Local Government agrees that with respect to such property VRA shall have all the rights and remedies of a secured party under the Virginia Uniform Commercial Code. (d) This Agreement is intended as security for VRA and the Trustee. For purposes of laws governing taxation, title to the Leased Property will be deemed to be in the Local Government at all times, subject to VRA's right to possession upon the occurrence of an Event of Default or an Event of Non -Appropriation. The Local Government acknowledges that on the Closing Date VRA will grant to the Trustee a leasehold interest in the Leased Property pursuant to the Deed of Trust. -10- Section 3.6 Lease Term. The term of this Lease shall commence on the Closing Date and shall continue until the earlier of (i) October 1, 2037 (provided that all of the Rental Payments specified in Schedule 1.1 have been paid in full) or (ii) the date on which redemption, prepayment or refunding of the Local Government's obligations hereunder is made pursuant to Section 6.2. Section 3.7 Transfer Upon Termination. After all payments have been made pursuant to Section 6.1 or prepayment has been made pursuant to Section 6.2, the Local Government shall be deemed to have acquired all of VRA's right, title and interest in the Leased Property and the Prime Lease. In such event, and upon request, VRA will execute and deliver to the Local Government an appropriate instrument assigning, transferring and conveying to the Local Government all of VRA's right, title and interest in the Prime Lease and the Real Estate and the Improvements free from any lien, encumbrance or security interest except such as may be created or permitted by the Local Government, but without other warranties, and shall enter into an appropriate instrument terminating this Agreement. Section 3.8 Disclaimer of Warranty. The Project is being undertaken at the Local Government's request and by the Local Government. VRA MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY, CONDITION OR FITNESS OF THE PROJECT OR OF THE LEASED PROPERTY FOR THE LOCAL GOVERNMENT'S PURPOSES. Section 3.9 Obligations of the Local Government Unconditional. Except as otherwise provided in this Agreement, including without limitation Section 3.10, the Local Government's obligation to make all payments pursuant to this Agreement and to observe and perform all other covenants, conditions and agreements under the Leases is absolute and unconditional, irrespective of any rights of setoff, recoupment or counterclaim the Local Government otherwise might have against VRA, and the Local Government shall not suspend or discontinue any such payments or fail to observe and perform any of its other covenants, conditions and agreements under the Leases. Section 3.10 Appropriation of Rental Payments by Local Government. The Local Government reasonably believes that sufficient funds can be obtained to make all payments required under the term of this Agreement. While recognizing that it is not empowered to make any binding commitment beyond the current Fiscal Year, the Local Government hereby states that it is its current intention to make sufficient annual appropriations during the term of this Agreement to make such payments. Notwithstanding anything in this Agreement to the contrary, the Local Government's obligations to pay the cost of performing its obligations under this Agreement, including, without limitation, its obligations to make Rental Payments and all other payments required under this Agreement, shall be subject to and dependent upon annual appropriations being made from time to time by the governing body of the Local Government and, subsequently by the Local Government, for such purpose. The Local Government hereby directs the Local Representative and the officer charged with the responsibility for preparing the Local Government's budget to include in the budget for each Fiscal Year during which this Agreement is in effect a request that the Local Government appropriate in the Fiscal Year the amount of the Rental Payments and all amounts required to be paid under this Agreement during such Fiscal Year. -11- Section 3.11 No Assignment. Except as permitted herein or contemplated by the Leases, the Local Government shall not assign this Agreement or any interest herein, without the prior written consent of VRA. Section 3.12 Net Lease. This Agreement is intended to be a net lease to VRA. The Local Government shall comply with and pay or cause to be paid the cost of all repairs, replacements and renewals, the cost of insurance, all utility and other charges and all taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession or use of the Leased Property. If the Local Government fails to pay or cause to be paid such costs, charges or taxes when due, VRA, after giving the Local Government notice and a reasonable opportunity to cure, shall have the right, but shall not be obligated, to pay the same. If VRA pays any such costs, charges or taxes for which the Local Government is responsible or liable under this Agreement, VRA shall be entitled to be reimbursed promptly therefor by the Local Government in accordance with the provisions of Section 11.8 hereof. ARTICLE IV USE OF LEASE PROCEEDS Section 4.1 Deposit of Lease Proceeds Amount; Investment of Amounts in Local Account. (a) On the Closing Date, VRA shall cause the Trustee to deposit the Lease Proceeds Amount into the Local Account and to apply the Lease Proceeds Amount and the earnings thereon as set forth in the Related Supplemental Series Indenture, this Agreement and the Local Tax Document. (b) The Local Government acknowledges and consents to the investment of the Lease Proceeds Amount and the earnings thereon allocable to pay the Local Government's related costs of issuance, if any, in Virginia SNAP. Section 4.2 Agreement to Accomplish Project. (a) The Local Government shall cause the Project to be acquired, constructed, expanded, renovated, equipped or financed as described in Exhibit B and in accordance with the Project Budget, this Agreement, the Local Tax Document and the plans, specifications and designs approved by the Local Government. The Local Government shall complete, or cause to be completed, the Project by the date set forth in the certificate delivered under Section 3.4(a)(9). The Local Government shall obtain the approval of all applicable regulatory agencies to all plans, specifications and designs for the Project. The Local Government shall maintain complete and accurate books and records of the Project Costs and permit VRA or the Trustee through their representatives to inspect such books and records at any reasonable time. (b) The Local Government shall promptly deliver to VRA and the Trustee a certificate signed by a Local Representative stating (i) that the Project has been completed substantially in accordance with this Article and in substantial compliance with all material applicable laws, ordinances, rules and regulations, (ii) the date of such completion and (iii) that all certificates of occupancy or other material permits then necessary for the use, occupancy and operation of the Related Financed Property have been issued or obtained. Such certificate shall be accompanied by a copy of the final requisition submitted to the Trustee pursuant to Section 4.3, including Schedule 1 thereto. -12- (c) If upon payment of all related costs of issuance, there is a balance remaining in the Local Account, the Trustee shall apply any remaining balance at the direction of the Local Government to pay the interest component of the Rental Payments or in such other manner that is permitted under the Act and will not, in the opinion of a nationally -recognized bond counsel delivered to VRA and the Trustee, have an adverse effect on the tax status of the Related Series of VRA Bonds. Section 4.3 Disbursement of Lease Proceeds and Earnings. Except as provided in Section 4.2(c), the Local Government shall apply the amounts in the Local Account solely and exclusively to the payment or reimbursement of the Local Government for the Project Costs. Not more frequently than once per calendar month, the Trustee shall disburse amounts from the Local Account to the Local Government or as directed by the Local Government upon the Trustee's receipt of the following: (a) A requisition (upon which the Trustee and VRA shall be entitled to rely) signed by a Local Representative and containing all information called for by, and otherwise being in the form of, Exhibit D (including the Schedules thereto). (b) Receipts, vouchers, statements, bills of sale or other evidence of payment of the related Project Costs. (c) If any requisition includes an item for payment for labor or to contractors, builders or materialmen: (1) a certificate, signed by a Local Representative, stating that such work was actually performed or such materials, supplies or equipment were actually furnished or installed in or about the construction of the Project; and (2) a certificate, signed by a Local Representative (that may rely on representations of counsel or a title insurance agency reasonably acceptable to VRA), stating that no notice of any lien, right to lien or attachment upon, or claim affecting the right to receive payment of, any of the money payable under the requisition to any of the persons, firms or corporations named in it has been received, or if any notice of any such lien, attachment or claim has been received, such lien, attachment or claim has been released or discharged or will be released or discharged upon payment of the requisition. (d) If any requisition includes an item for payment of the cost of acquisition of any lands or easements, rights or interests in or relating to lands, there shall also be attached to such requisition: (1) a certificate, signed by a Local Representative, stating that such lands, easements, rights or interests are being acquired and are necessary or convenient for the construction of the Project; and (2) a certificate, signed by a Local Representative (that may rely on representations of counsel or a title insurance agency reasonably acceptable to VRA), stating that upon payment therefor the Local Government will have title in fee simple to, -13- or easements, rights or interests sufficient for the purposes of, the Project over and through the subject lands. Following VRA's approval of each such requisition and accompanying invoice(s) and certificate(s), which approval will not unreasonably be withheld, the Trustee shall pay the requisition from the Local Account in accordance with the instructions in such requisition. The Local Government agrees that any amounts disbursed to it or for its account from the Local Account will be (i) immediately applied to reimburse the Local Government for Project Costs it has already paid or (ii) actually spent to pay Project Costs not later than five banking days after receipt. Section 4.4 No Sufficiency Warranty by VRA; Local Government Required to Complete Proiect. VRA makes no warranty, either express or implied, that the Lease Proceeds Amount will be sufficient to pay all or any particular portion of the Project Costs. If the Lease Proceeds Amount is not sufficient to pay in full the cost of the Project, the Local Government shall complete the Project at its own expense, subject to appropriation, and shall not be entitled to any reimbursement therefor from VRA or any abatement, diminution or postponement of its payments under this Agreement. ARTICLE V NON -APPROPRIATION Section 5.1 Non -Appropriation; Termination of Financing Lease. If, as a result of the failure of the Local Government to appropriate moneys for such purposes (an "Event of Non - Appropriation"), the Local Government is unable to pay when due the Rental Payments and other payments to be paid under this Agreement, VRA shall have the right to terminate this Agreement upon 30 days' written notice of the exercise of its rights pursuant to this Section, which notice shall specify the effective date for such termination; provided that such termination shall be effective not later than the date through which rent has been paid in accordance with the terms hereof. Section 5.2 Remedies of VRA. If, as a result of an Event of Non -Appropriation, the Local Government is unable to pay when due the Rental Payments and other payments to be paid under this Agreement, VRA, with or without terminating this Agreement, may exclude the Local Government from possession of any of the Leased Property and may sell its interest in, or lease or sublease any of the Leased Property in the manner provided for by Section 10.2(b) hereof or take any and all actions available to it under Section 62.1-216.1 of the Act; provided, however, that in connection with any such sale of its interest in any of the Leased Property, or lease or sublease of any of the Leased Property, VRA shall require that such sale agreement, lease or sublease contain a provision providing that such purchaser, lessee or sublessee shall indemnify VRA and the Local Government for any liabilities arising during such party's use of such portion of the Leased Property. The Local Government agrees to assist VRA in every reasonable way in reletting or selling VRA's leasehold interest in the Leased Property pursuant to this Article V. Section 5.3 Reinstatement. Notwithstanding any termination of this Agreement in accordance with the provisions of Section 6.2, unless (i) VRA shall have sold its interest in all or -14- a portion of the Leased Property, or (ii) VRA shall have entered into a firm bilateral agreement providing for the reletting of the Leased Property for a period of at least one year, if all overdue Rental Payments and all other sums payable under this Agreement and the other Leases shall have been paid, this Agreement shall be fully reinstated, and the Local Government shall be restored to the use, occupancy and possession of the Leased Property. ARTICLE VI PAYMENT AND REDEMPTION Section 6.1 Payment of Rental Payments and Related Amounts. (a) Until all amounts payable under this Agreement have been paid in full, the Local Government shall pay, subject to Section 3.10 and Article V, to the Trustee or VRA, as applicable, the following amounts: (1) to the Trustee, all amounts specified in Schedule 1.1 on such dates as provided in Schedule 1.1. The term "interest," as used in Schedule 1. 1, shall include Supplemental Interest, when and if payable; (2) to the Trustee, on VRA's demand, or to VRA, any amounts payable under the Local Tax Document, including without limitation the costs of any rebate calculation agent; (3) to VRA, on its demand, a late payment penalty in an amount equal to 5.0% of any Rental Payment, or portion thereof, not paid within 10 days after its due date; (4) to the Trustee, the Local Government's share (as determined by VRA) of the annual fees and expenses of the Trustee, less the Local Government's share of the net earnings on the Revenue Fund, Infrastructure Revenue Debt Service Fund and Moral Obligation Debt Service Fund established under the Master Indenture (as determined by VRA), and the Local Government shall pay such amounts no later than 15 days after VRA or the Trustee sends to the Local Government a written bill for them; and (5) to VRA, the reasonable costs and expenses, including reasonable attorneys' fees, if any, incurred by VRA in connection with (i) an Event of Default, Event of Non -Appropriation or default by the Local Government under this Agreement, (ii) any amendment to or discretionary action that VRA undertakes at the request of the Local Government under this Agreement or any other document related to the Related Series of VRA Bonds or (iii) any claim lawsuit or other challenge to this Agreement or the VRA Bonds that arises, at least in part, out of the Local Government's authorization of the transaction contemplated by this Agreement, and the Local Government shall pay such amounts no later than 15 days after VRA or the Trustee sends to the Local Government a written bill for them. (b) If any failure of the Local Government to pay all or any portion of any Rental Payment results in a withdrawal from or a drawing on any VRA Reserve, the interest rates applicable to the Rental Payments shall be increased to interest rates sufficient to reimburse -15- the VRA Reserve for any foregone investment earnings on the funds withdrawn therefrom and pay any interest, fees or penalties assessed as a result of the withdrawal from or drawing on the VRA Reserve. The increment of interest payable pursuant to the increase in rates shall be referred to as "Supplemental Interest." The Local Government's obligation to pay Supplemental Interest shall commence on the date of the withdrawal or drawing of funds from the VRA Reserve occasioned by the Local Government's failure to pay a required payment or portion thereof as described above (the "Supplemental Interest Commencement Date"). The Local Government's obligation to pay Supplemental Interest shall terminate on the date on which the Local Government makes all payments required but outstanding since the date of the initial failure to pay (the "Supplemental Interest Termination Date"). From the Supplemental Interest Commencement Date to the Supplemental Interest Termination Date, Supplemental Interest shall be due and payable on the regularly scheduled interest payment dates provided for in this Agreement. As soon as reasonably possible after the Supplemental Interest Commencement Date and before the next regularly scheduled interest payment date provided for in this Agreement, VRA shall deliver to the Local Government a certificate as to the increase in interest rates and the amount of Supplemental Interest. The certificate shall set forth in reasonable detail the basis for the increase in interest rates and the manner of calculation of the increase and the amount of Supplemental Interest. Such certificate shall be conclusive (absent manifest error) as to the interest rate increase and amount of Supplemental Interest set forth therein. In determining the interest rate increase and the amount of Supplemental Interest, VRA may use any reasonable averaging and attribution methods. (c) The Local Government shall pay the amounts described above and make payments as scheduled under this Agreement despite any amount being withdrawn from or drawn on a VRA Reserve pursuant to the Master Indenture. Section 6.2 Defeasance and Redemption. (a) The Local Government shall not defease or redeem its obligations under this Agreement, except as provided in this Section 6.2. (b) The Local Government shall satisfy the following conditions prior to the defeasance and redemption of its obligations under this Agreement: (1) The Local Government shall provide to VRA not less than 60 days' prior written notice of the deposit of the funds described in (2), (3) and (4) below. (2) The Local Government shall deposit with the Trustee an amount sufficient for VRA to establish an escrow of cash and non -callable, non -prepayable Government Obligations the principal of and interest on which will be sufficient (without reinvestment) to cause the defeasance under Article XII of the Master Indenture of the portion of the Related Portion of VRA Bonds corresponding to the portion of this Agreement to be defeased or prepaid (the "Allocated Portion"). The defeasance of the Allocated Portion may be either to maturity or an earlier redemption date as determined by the Local Government. (3) The Local Government shall deposit with VRA cash in an amount sufficient, as determined by VRA, to pay for a verification report required for the defeasance of the Allocated Portion under Article XII of the Master Indenture, any costs -16- incurred by VRA in connection with the redemption, refunding and defeasance of the Allocated Portion, all amounts overdue or then due on this Agreement (including, without limitation, any Supplemental Interest) and all amounts overdue, due or to become due under Section 6.1(a) of this Agreement. (4) The Local Government shall deposit with VRA cash in an amount equal to the present value of interest that would be paid on the principal of the Allocated Portion at a rate equal to 0.125%, payable semiannually, to the maturity dates of the Allocated Portion or, if earlier, the redemption date or dates of the Allocated Portion. Present value shall be determined by using a discount rate equal to the true interest cost of the Related Portion of VRA Bonds. (c) VRA will determine which Related Portion of VRA Bonds will be designated as the Allocated Portion and the amounts to be deposited under subsection (b)(2) and (3) above using such reasonable allocation and estimation methods as may be selected by VRA, and VRA's determinations shall be conclusive (absent manifest error). (d) The Local Government acknowledges that no funds in any VRA Reserve will be available to the Local Government for the defeasance or redemption of its obligations under this Agreement. Section 6.3 Payments and Rights Assigned. The Local Government hereby consents to VRA's assignment to the Trustee of VRA's rights under this Agreement. The Local Government also hereby acknowledges and consents to the reservation by VRA of the right and license to enjoy and enforce VRA's rights under this Agreement so long as no Event of Default (as defined in the Master Indenture) with respect to the Related Series of VRA Bonds has occurred and is continuing. Even though VRA will be the lessor under this Agreement, the Local Government shall pay directly to the Trustee all amounts payable by the Local Government under this Agreement (except for those amounts specifically indicated as payable to VRA under Section 6.1 or Section 11.8, which the Local Government shall pay directly to VRA). Section 6.4 Obligations Absolute and Unconditional. Subject to Section 3.10, the obligation of the Local Government to make the payments required by this Agreement shall be absolute and unconditional. The Local Government shall pay all such amounts without abatement, diminution or deduction (whether for taxes or otherwise) regardless of any cause or circumstance whatsoever including, without limitation, any defense, set-off, recoupment or counterclaim that the Local Government may have or assert against VRA, the Trustee or any other person. -17- ARTICLE VII OPERATION AND USE OF THE LEASED PROPERTY AND THE RELATED FINANCED PROPERTY Section 7.1 Maintenance. At its own cost and expense the Local Government shall operate the Leased Property and the Related Financed Property in a proper, sound and economical manner in compliance with all legal requirements and shall maintain the Leased Property and the Related Financed Property in good repair and operating condition and from time to time shall make all necessary repairs, renewals and replacements. Section 7.2 Additions and Modifications. At its own expense the Local Government from time to time may make any renewals, replacements, additions, modifications or improvements to the Leased Property or the Related Financed Property, or both that the Local Government deems desirable, provided that any such renewal, replacement, addition, modification or improvement does not (i) materially reduce the value of the Leased Property or the Related Financed Property, or both or (ii) negatively affect the structural or operational integrity of any part of the Leased Property or the Related Financed Property, or both. The Local Government shall ensure that all such renewals, replacements, additions, modifications or improvements comply with all applicable federal, state and local laws, rules, regulations, orders, permits, authorizations and requirements. All such renewals, replacements, additions, modifications or improvements shall become part of the Leased Property or the Related Financed Property, as applicable. Section 7.3 Permits. The Local Government shall, at its sole cost and expense, obtain all permits, consents and approvals required by local, state or federal laws, ordinances, rules, regulations or requirements in connection with the operation or use of the Leased Property and the Related Financed Property. The Local Government shall, upon request, promptly furnish to VRA and the Trustee copies of all such permits, consents and approvals. Section 7.4 Use. The Local Government shall comply with all lawful requirements of any governmental authority regarding the Leased Property and the Related Financed Property, whether now existing or subsequently enacted, whether foreseen or unforeseen or whether involving any change in governmental policy or requiring structural, operational or other changes to the Leased Property or the Related Financed Property, or both, irrespective of the cost of making the same. Section 7.5 Inspection and Local Government's Books and Records. The Local Government shall permit VRA, the Trustee and their duly authorized representatives and agents such reasonable rights of access to the Leased Property and the Related Financed Property as may be necessary to determine whether the Local Government is in compliance with the requirements of this Agreement, and the Local Government shall permit such parties, at all reasonable times and upon reasonable prior notice to the Local Government, to examine and copy the Local Government's books and records that relate to the Leased Property and the Related Financed Property. Section 7.6 Ownership. Except for improvements to Explore Park, the Local Government shall not construct, reconstruct or install any part of the Related Financed Property an on (i) lands other than those which the Local Government owns or can acquire title to or a perpetual easement over, in either case sufficient for the Local Government's purposes or (ii) lands in which the Local Government has acquired a right or interest less than a fee simple or perpetual easement, unless (1) such part of the Related Financed Property is lawfully located in a public street or highway or (2) the Local Government provides a written opinion of counsel or a report of a Consulting Engineer, either of which in a form reasonably acceptable to VRA, that indicates that the lands and the Local Government's right or interest therein is sufficient for the Local Government's purposes. Section 7.7 Sale or Encumbrance. No part of the Leased Property and no part of Related Financed Property shall be sold, exchanged, leased, mortgaged, encumbered or otherwise disposed of except (i) with the written consent of VRA or (ii) as provided in any one of the following subsections: (a) The Local Government may grant easements, licenses or permits across, over or under parts of the Leased Property or the Related Financed Property, or both, for streets, roads and utilities as will not adversely affect the use of the Leased Property or the Related Financed Property, or both. (b) The Local Government may sell or otherwise dispose of property constituting part of the Leased Property or the Related Financed Property, or both, if it uses the proceeds of such disposition and any other necessary funds to replace such property with property serving the same or a similar function. (c) The Local Government may sell or otherwise dispose of property constituting part of the Leased Property or the Related Financed Property, or both, with a "book value" (as determined in accordance with generally accepted accounting principles) that, when combined with the aggregate "book value" of all of the other such property sold or otherwise disposed of under this subsection during the Fiscal Year in question, will not cause the aggregate "book value" of all of such property sold or otherwise disposed of under this subsection in such Fiscal Year to exceed $125,000. The proceeds to be received from any such sale or disposition shall be applied first to cure any default that may exist in the payment of the principal of or interest on this Agreement. Section 7.8 Lawful Charges. The Local Government shall pay when due all taxes, fees, assessments, levies and other governmental charges of any kind whatsoever (collectively, the "Governmental Charges") which are (i) assessed, levied or imposed against the Leased Property or the Related Financed Property, or both, or the Local Government's interest in it, or (ii) incurred in the operation, maintenance, use and occupancy of the Leased Property or the Related Financed Property, or both. The Local Government shall pay or cause to be discharged, or shall make adequate provision to pay or discharge, all lawful claims and demands for labor, materials, supplies or other objects which, if unpaid, might by law become a lien upon all or any part of the Leased Property or the Related Financed Property, or both, (collectively, the "Mechanics' Charges"). The Local Government, however, after giving VRA 10 days' notice of its intention to do so, at its own expense and in its own name, may contest in good faith any Governmental Charges or Mechanics' Charges. If such a contest occurs, the Local Government may permit the same to remain unpaid during the period of the contest and any subsequent -19- appeal unless, in VRA's reasonable opinion, such action may impair the lien on the Leased Property or the Related Financed Property, or both, granted by this Agreement, in which event, such Governmental Charges or Mechanics' Charges promptly shall be satisfied or secured by posting with the Trustee or an appropriate court a bond in form and amount satisfactory to VRA. Upon request, the Local Government shall furnish to VRA proof of payment of all Governmental Charges and Mechanics' Charges the Local Government is required to pay under this Agreement. Section 7.9 [Intentionally Omittedl. Section 7.10 Environmental Responsibilities. (a) As used in this Agreement, "Environmental Condition" means any adverse condition relating to surface water, ground water, drinking water supply, land, surface and subsurface strata or the ambient air, and includes, without limitation, air, land and water pollutants, noise, vibration, light, and odors, which may result in a claim of liability under the Comprehensive Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), or the Resource Conservation and Recovery Act ("RCRA"), or any claim of violation of the Clean Air Act, the Clean Water Act, the Toxic Substance Control Act ("TSCA"), or any claim of liability or of violation under any federal statute hereafter enacted dealing with the protection of the environment or with the health and safety of employees or members of the general public, or under any rule, regulation, permit or plan under any of the foregoing, or under any law, rule or regulation now or hereafter promulgated by the Commonwealth of Virginia, or any political subdivision thereof, relating to such matters (collectively, "Environmental Laws"). (b) VRA shall, at all times during the term of this Agreement, comply with all Environmental Laws applicable to the Leased Property and shall not cause any Environmental Condition on or about the Leased Property. (c) The Local Government shall, at all times during the term of this Agreement, comply with all Environmental Laws applicable to the Leased Property and shall not, in the use and occupancy of the Improvements, cause any Environmental Condition on or about the Leased Property. ARTICLE VIII INSURANCE, DAMAGE AND DESTRUCTION Section 8.1 Insurance. The Local Government shall maintain or cause to be maintained insurance against the insurable portions of the Leased Property of the type customarily insured against by public bodies operating municipal facilities, including, without limitation: (a) Insurance in the amount of the full replacement cost of the municipal facilities' insurable portions against loss or damage by fire and lightning, with broad form extended coverage endorsements covering damage by windstorm, explosion, aircraft, smoke, sprinkler leakage, vandalism, malicious mischief and such other risks as are normally covered by such endorsements (limited only as may be provided in the standard form of such endorsements at the time in use in Virginia). The determination of replacement cost shall be made, in -20- conjunction with representatives of the Local Government, by a recognized appraiser or insurer selected by the Local Government and reasonably acceptable to VRA. (b) Comprehensive general liability insurance with a combined single limit of $1,000,000 per year against liability for bodily injury, including death resulting therefrom, and for damage to property, including loss of its use, arising out of the ownership, maintenance, operation or use of municipal facilities. (c) Unless the Local Government qualifies as a self -insurer under Virginia law, worker's compensation insurance. Neither VRA nor the Trustee shall have any responsibility or obligation with respect to (i) the procurement or maintenance of insurance or the amounts or the provisions with respect to policies of insurance or (ii) the application of the proceeds of insurance. The Local Government shall provide annually to VRA a certificate or certificates of the respective insurers evidencing the fact that the insurance required by this Section is in force and effect. Section 8.2 Requirements of Policies. (a) The Local Government shall maintain all insurance required by Section 8.1 with generally recognized responsible insurance companies selected by the Local Government and reasonably acceptable to VRA. Such insurance may be written with deductible amounts comparable to those on similar policies carried by other localities of like size and character to the Local Government. If the Local Government does not maintain such insurance with an insurer licensed to do business in Virginia or placed under the requirements of the Virginia Surplus Lines Insurance Law, Chapter 48, Title 38.2, Code of Virginia of 1950, as amended, or any successor statute, the Local Government shall provide evidence reasonably satisfactory to VRA that such insurance is enforceable under Virginia law. (b) In lieu of obtaining any of the policies of insurance required by Section 8. 1, the Local Government may adopt alternative risk management programs which it determines to be reasonable, including, without limitation, to self -insure in whole or in part, individually or in connection with other units of local government or other institutions, to participate in programs of captive insurance companies, to participate with other units of local government or other institutions in mutual or other cooperative insurance or other risk management programs, to participate in state or federal insurance programs, to take advantage of state or federal laws now or hereafter in existence limiting liability, or to establish or participate in other alternative risk management programs, all as may be reasonable and appropriate risk management by the Local Government and that provide comparable coverages required by such sections. In addition, any insurance coverage pursuant to this Article may be pursuant to a program whereby the Local Government self -insures against certain losses up to a stated loss amount, and retains excess coverage from an insurer meeting the requirements of this Article. (c) The Local Government shall not participate in any self-insurance plan or alternative risk management program with respect to the Improvements unless such self- insurance plan or alternative risk management program is a Qualified Self -Insurance Plan. -21- (d) In the event the Local Government is insured through a self-insurance program other than a pool, the Local Government agrees to (i) comply with such program unless a change therein is recommended by the Insurance Consultant, (ii) cause the Insurance Consultant to review any Qualified Self -Insurance Plan at least annually and to make written recommendations as to what funding levels are adequate to protect against the risks covered by the plan and (iii) follow the recommendations of such Insurance Consultant. Section 8.3 Notice of Damage, Destruction or Condemnation. In case of (i) any damage to or destruction of any material part of the Leased Property, (ii) a taking of all or any part of the Leased Property or any right in it under the exercise of the power of eminent domain, (iii) any loss of the Leased Property because of failure of title or (iv) the commencement of any proceedings or negotiations which might result in such a taking or loss, the Local Government shall notify VRA in writing within ten Business Days of the occurrence describing generally the nature and extent of such damage, destruction, taking, loss, proceedings or negotiations. Section 8.4 Damage and Destruction. If all or any part of the Leased Property is destroyed or damaged by fire or other casualty, and the Local Government shall not have exercised its option, if such option is available, to redeem the outstanding obligations under this Agreement pursuant to Section 6.2, the Local Government shall restore promptly the property damaged or destroyed to substantially the same condition as before such damage or destruction, with such alterations and additions as the Local Government may determine and which will not impair the capacity or character of the Leased Property for the purposes for which it then is being used or is intended to be used. The Local Government may apply so much as may be necessary of the net proceeds of insurance received on account of any such damage or destruction to payment of the cost of such restoration, either on completion or as the work progresses. If such net proceeds are not sufficient to pay in full the cost of such restoration, the Local Government shall pay so much of the cost as may be in excess of such net proceeds. Section 8.5 Condemnation and Loss of Title. If title to or the temporary use of all or any part of the Leased Property shall be taken under the exercise of the power of eminent domain or lost because of failure of title, and the Local Government shall not have exercised its option, if such option is available, to redeem its obligations under this Agreement pursuant to Section 6.2, the Local Government shall cause the net proceeds from any such condemnation award or from title insurance to be applied to the restoration of the Leased Property to substantially its condition before the exercise of such power of eminent domain or failure of title. If such net proceeds are not sufficient to pay in full the cost of such restoration, the Local Government shall pay so much of the cost as may be in excess of such net proceeds. ARTICLE IX SPECIAL COVENANTS Section 9.1 Tax Covenants. The Local Government shall not directly or indirectly use or permit the use of any of the proceeds of this Agreement or any other of its funds, in such manner as would, or enter into, or allow any other person or entity to enter into, any arrangement, formal or informal, that would, or take or omit to take any other action that would, cause interest on any of the Related Series of VRA Bonds to be includable in gross income for federal income tax purposes or to become a specific item of tax preference for purposes of the -22- federal alternative minimum tax imposed on individuals and corporations. Insofar as the Local Tax Document imposes duties and responsibilities on the Local Government, including the payment of any arbitrage rebate in respect of the Related Series of VRA Bonds, as of the Closing Date they are specifically incorporated by reference into this Agreement. The Local Government also consents to the calculation of any "rebate amount" to be paid with respect to the Related Portion of VRA Bonds by a rebate calculation service selected by VRA. Section 9.2 Maintenance of Existence. The Local Government shall maintain its existence as a political subdivision of the Commonwealth of Virginia under Virginia law, and shall not dissolve or otherwise dispose of all or substantially all of its assets or consolidate or merge with or into another entity without VRA's prior written consent, which consent will not be unreasonably withheld. Section 9.3 Financial Records and Statements. The Local Government shall maintain proper books of record and account in which proper entries shall be made in accordance with generally accepted government accounting standards, consistently applied, of all its business and affairs. The Local Government shall have an annual audit of the financial condition of the Local Government made by an independent certified public accountant, within 180 days after the end of each Fiscal Year. The Local Government shall furnish to VRA, in an electronic format, a copy of such report immediately after it is accepted by the Local Government. Such report shall include statements in reasonable detail, certified by such accountant, reflecting the Local Government's financial position as of the end of such Fiscal Year and the results of the Local Government's operations and changes in the financial position thereof for the Fiscal Year. Section 9.4 Certification as to No Default and Tax Compliance. The Local Government shall deliver to VRA, within 180 days after the close of each Fiscal Year, a certification in substantially the form attached as Exhibit G and signed by a Local Representative. Section 9.5 Further Assurances. The Local Government shall to the fullest extent permitted by law pass, make, do, execute, acknowledge and deliver such further resolutions, acts, deeds, conveyances, assignments, transfers and assurances as may be necessary or desirable for the better assuring, conveying, granting, assigning and confirming the rights and collateral, if any, assigned or pledged by this Agreement, or as may be required to carry out the purposes of this Agreement. The Local Government shall at all times, to the fullest extent permitted by law, defend, preserve and protect the pledges made under this Agreement and all rights of VRA under this Agreement against all claims and demands of all persons, including without limitation the payment of certain costs of VRA as described in Section 6.1(a)(5). Section 9.6 Assignment by Local Government. The Local Government shall not assign its rights and obligations under this Agreement, or both, without the prior written consent of VRA. Section 9.7 Continuing Disclosure. (a) For purposes of this Section 9.7, the following terms and phrases have the following meanings: -23- "Annual Financial Information" with respect to any Fiscal Year for the Local Government means the following: (i) the financial statements (consisting of at least a balance sheet and a statement of revenues and expenses) of which financial statements must be (A) prepared annually in accordance with generally accepted accounting principles in effect from time to time consistently applied (provided that nothing in this clause (A) will prohibit the Local Government after the date of this Agreement from changing such other principles so as to comply with generally accepted accounting principles as then in effect or to comply with a change in applicable law) and (B) audited by an independent certified public accountant or firm of such accountants in accordance with generally accepted auditing standards as in effect from time to time (provided that if audited financial statements are not available for filing when required by this Section or the Rule (as defined herein), unaudited financial statements will be filed and audited financial statements will be filed as soon as possible thereafter); and (ii) operating data of the type set forth in Exhibit E. "Dissemination Agent" means any person, reasonably acceptable to VRA, whom the Local Government contracts in writing to perform its obligations as provided in subsection 0) of this Section. "Make Public" or "Made Public" has the meaning set forth in subsection (c) of this Section. "Material Local Government" means the Local Government if the aggregate outstanding principal amount of this Agreement and any other of the Local Government's financing leases purchased with proceeds of the VRA Bonds represent 15% or more of the outstanding aggregate principal amount of the local obligations purchased with proceeds of the VRA Bonds. "Rule" means Rule 15c2-12, as it may be amended from time to time, under the Securities Exchange Act of 1934 and any similar rules of the SEC relating to disclosure requirements in the offering and sale of municipal securities, all as in effect from time to time. "SEC" means the U.S. Securities and Exchange Commission. (b) The Local Government shall Make Public or cause to be Made Public: (1) Within seven months after the end of the Local Government's Fiscal Year (commencing with the Fiscal Year in which the Closing Date occurs), Annual Financial Information for such Fiscal Year as of the end of which the Local Government constitutes a Material Local Government. Annual Financial Information may be set forth in the documents Made Public or may be included in a document Made Public by specific reference to any document available to the public on the internet website of the Municipal Securities Rulemaking Board ("MSRB") or filed with the SEC. If the document referred to is a final official statement, then it must be available from the MSRB. -24- (2) In a timely manner, notice of any failure by the Local Government to Make Public or cause to be Made Public Annual Financial Information pursuant to the terms of part (1) of this subsection. (c) For purposes of this Section, information and notices shall be deemed to have been "Made Public" if transmitted to VRA, to the Trustee and to the MSRB in an electronic format as prescribed by the MSRB. (d) The Local Government shall also notify VRA of the occurrence of any of the following events that may from time to time occur with respect to this Agreement, such notice to be given in a timely manner not in excess of five Business Days after the occurrence of the event: (1) principal and interest payment delinquencies; (2) non-payment related defaults; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on any credit enhancement maintained with respect to this Agreement reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 — TEB) or other notices or determinations with respect to this Agreement that could affect the tax status of the Related Series of VRA Bonds, or other events with respect to this Agreement that could affect the tax status of the Related Series of VRA Bonds; (7) modifications to rights of holders; (8) bond calls and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of this Agreement; (11) rating changes; (12) bankruptcy, insolvency, receivership or similar event of the Local Government; (13) the consummation of a merger, consolidation, or acquisition involving the Local Government or the sale of all or substantially all of the assets of the -25- Local Government, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such action, other than pursuant to its terms; (14) appointment of a successor or additional trustee for this Agreement, if any, or the change of name of a trustee; and (15) the failure of the Local Government on or before the date required by this Agreement to provide Annual Financial Information to the persons and in the manner required by this Agreement. (e) Additionally, upon request of VRA, the Local Government shall certify in writing that it has made all filings and disclosures under this Section or any similar undertaking pursuant to the Rule. (f) Notwithstanding anything in this Agreement to the contrary, the Local Government need not comply with the provisions of subsections (a) through (d) above unless and until VRA has notified the Local Government that it satisfied the objective criteria for a Material Local Government as of the end of VRA's immediately preceding fiscal year. (g) (1) If the Local Government fails to comply with any covenant or obligation set forth in this Section, any holder (within the meaning of the Rule) of VRA Bonds then Outstanding may, by notice to the Local Government, proceed to protect and enforce its rights and the rights of the other holders by an action for specific performance of the Local Government's covenants or obligations set forth in this Section. (2) Notwithstanding anything herein to the contrary, any failure of the Local Government to comply with any disclosure obligation specified in this Agreement (i) shall not be deemed to constitute an Event of Default under this Agreement and (ii) shall not give rise to any right or remedy other than that described in part (1) of this subsection. (h) The Local Government may from time to time disclose certain information and data in addition to that required under this Section. Notwithstanding anything in this Agreement to the contrary, the Local Government shall not incur any obligation to continue to provide, or to update, such additional information or data. (i) The Local Government may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligation to cause to be Made Public the information described in this Section, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. It is not necessary for purposes of this Article that the Dissemination Agent have any agency relationship with the Local Government for purposes of state law. 0) All documents Made Public under this Section shall be accompanied by identifying information as prescribed by the MSRB. -26- Section 9.8 Indebtedness. The Local Government shall pay when due all amounts required by any indebtedness of the Local Government and perform all of its obligations in connection with all indebtedness of the Local Government. Section 9.9 Liability. (a) Subject to Subsection (b) below, VRA shall not be liable for any loss, damage, death or injury of any kind or character to persons or property, arising from any use of the Leased Property, or any part thereof, or caused by any defect in any building, structure or other improvement thereon or in any other facility thereof, or caused by or arising from any act or omission of the Local Government, or any of its agents, employees, sublessees, licensees or invitees, or by or from any accident on the Real Estate or any fire or other casualty thereon. (b) Notwithstanding anything herein to the contrary, VRA shall be liable for its own negligence, willful misconduct or for any breach of any covenant, representation or warranty of VRA herein or in any other document or instrument executed and delivered in connection with this Agreement. Section 9.10 Litigation; Material Change. The Local Government shall promptly notify VRA of (i) the existence and status of any litigation that the County Attorney determines is not reasonably certain to have a favorable outcome and which individually or in the aggregate could have a material adverse effect on the financial condition or operations of the Local Government or its ability to perform its payment and other obligations under this Agreement or (ii) any change in any material fact or circumstance represented or warranted in this Agreement. ARTICLE X DEFAULTS AND REMEDIES Section 10.1 Events of Default. Each of the following events is an "Event of Default": (a) The failure to pay any principal component of a Rental Payment in full when due (whether at maturity, redemption date, acceleration or otherwise). (b) The failure to pay any interest component of a Rental Payment (including Supplemental Interest) when due. (c) The failure to make any payment or deposit required by this Agreement (other than a Rental Payment) within 15 days after its due date. (d) The Local Government's failure to perform or observe any of the other covenants, agreements or conditions of this Agreement and the continuation of such failure for a period of 60 days after written notice specifying such failure and requesting that it be cured is given to the Local Government by VRA, or, in the case of any such failure which cannot with diligence be cured within such 60 -day period, the Local Government's failure to proceed promptly to commence to cure the failure and thereafter to prosecute the curing of the failure with diligence. (e) Any warranty, representation or other statement by or on behalf of the Local Government contained in this Agreement or in any instrument furnished in compliance -27- with or in reference to this Agreement or in connection with the issuance and sale of this Agreement is false and misleading in any material respect. (f) Any bankruptcy, insolvency or other similar proceeding shall be instituted by or against the Local Government under any federal or state bankruptcy or insolvency law now or hereinafter in effect and, if instituted against the Local Government, is not dismissed within 60 days after filing. (g) An order or decree shall be entered, with the Local Government's consent or acquiescence, appointing a receiver or receivers of the Leased Property or any part of it, or if such order or decree, having been entered without the Local Government's consent or acquiescence, shall not be vacated or discharged or stayed on appeal within 60 days after its entry. Notwithstanding anything to the contrary contained herein, the Local Government's failure to make any payment hereunder due to non -appropriation is not an Event of Default, but is an Event of Non -Appropriation governed by Article V. Section 10.2 Acceleration. (a) Upon the occurrence and continuation of an Event of Default, VRA may, by notice in writing delivered to the Local Government, declare the entire unpaid Rental Payments due and payable. Upon any such declaration, the Local Government shall immediately pay to the Trustee the entire unpaid Rental Payments and other sums owed hereunder, if any. VRA may in its discretion waive an Event of Default and its consequences and rescind any acceleration of the unpaid Rental Payments. (b) Upon the occurrence and continuation of an Event of Default, VRA may reenter and take possession of the Leased Property, with or without terminating this Agreement, exclude the Local Government from possession and sell its leasehold interest in the Leased Property, or lease or sublease all or any portion of the Leased Property for the account of the Local Government, holding the Local Government liable for all Rental Payments and all other payments due up to the effective date of such selling, leasing or subleasing and for the difference between (i) the purchase price, rent or other amounts paid by the purchaser, lessee or sublessee pursuant to such sale, lease or sublease and (ii) the Rental Payments and other amounts payable by the Local Government hereunder. Section 10.3 Other Remedies. Upon the occurrence and continuation of an Event of Default, VRA may proceed to protect and enforce its rights by mandamus or other action, suit or proceeding at law or in equity for specific performance of any agreement contained in this Agreement. No remedy conferred by this Agreement is intended to be exclusive of any other remedy, but each such remedy shall be cumulative and shall be in addition to any other remedy given to VRA under this Agreement or now or hereafter existing at law or in equity or by statute. Section 10.4 Delay and Waiver. No delay or omission to exercise any right or power accruing upon any default or Event of Default shall impair any such right or power or shall be construed to be a waiver of any such default or Event of Default or acquiescence in it, and every such right and power may be exercised from time to time and as often as may be deemed expedient. No waiver of any default or Event of Default under this Agreement shall extend to or Ma shall affect any subsequent default or Event of Default or shall impair any rights or remedies consequent to it. Section 10.5 Non -Substitution. The Local Government acknowledges and agrees that the non -appropriation provisions of Section 3.10 and Article V hereof are not intended (i) to be used for convenience termination or (ii) for the purpose of replacing any portion of the Leased Property with other substantially identical property. The Local Government, to the extent permitted by applicable law, agrees not to utilize such provisions for such purposes. ARTICLE XI MISCELLANEOUS Section 11.1 State Aid Intercept. The Local Government acknowledges that VRA is treating this Agreement as a "local obligation" within the meaning of Section 62.1-199 of the Act, including amendments thereto taking effect as of July 1, 2011, which in the event of a nonpayment thereunder authorizes VRA or the Trustee to file an affidavit with the Governor that such nonpayment has occurred pursuant to Section 62.1-216.1 of the Act. In purchasing this Agreement, VRA is further relying on Section 62.1-216.1 of the Act, providing that if the Governor is satisfied that such nonpayment has occurred, the Governor will immediately make an order directing the Comptroller to withhold all further payment to the Local Government of all funds, or of any part of them, appropriated and payable by the Commonwealth of Virginia to the Local Government for any and all purposes, and the Governor will, while the nonpayment continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of them as is necessary, to VRA, so as to cure, or cure insofar as possible, such nonpayment. Section 11.2 Successors and Assigns. This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 11.3 Amendments. VRA and the Local Government shall have the right to amend from time to time any of this Agreement's terms and conditions, provided that all amendments shall be in writing and shall be signed by or on behalf of VRA and the Local Government. Section 11.4 Limitation of Local Government's Liability. In the absence of fraud or intentional misconduct, no present or future director, official, officer, employee or agent of the Local Government shall be liable personally to VRA in respect of this Agreement or for any other action taken by such individual pursuant to or in connection with the financing provided for in this Agreement. Section 11.5 Applicable Law. This Agreement shall be governed by Virginia law. Section 11.6 Severability. If any clause, provision or section of this Agreement shall be held illegal or invalid by any court, the illegality or invalidity of such clause, provision or section shall not affect the remainder of this Agreement which shall be construed and enforced as if such illegal or invalid clause, provision or section had not been contained in this Agreement. If any agreement or obligation contained in this Agreement is held to be in violation of law, then -29- such agreement or obligation shall be deemed to be the agreement or obligation of VRA and the Local Government, as the case may be, only to the extent permitted by law. Section 11.7 Notices. Unless otherwise provided for herein, all demands, notices, approvals, consents, requests, opinions and other communications under this Agreement shall be in writing and shall be deemed to have been given when delivered in person or mailed by first class registered or certified mail, postage prepaid, addressed (a) if to the Local Government, at the address specified for notices on the signature page; (b) if to VRA, at 1111 East Main Street, Suite 1920, Richmond, Virginia 23219, Attention: Executive Director; or (c) if to the Trustee, at 1021 East Cary Street, 18th Floor, Richmond, Virginia 23219, Attention: Corporate Trust Department. A duplicate copy of each demand, notice, approval, consent, request, opinion or other communication given by any party named in this Section shall also be given to each of the other parties named. VRA, the Local Government and the Trustee may designate, by notice given hereunder, any further or different addresses to which subsequent demands, notices, approvals, consents, requests, opinions or other communications shall be sent or persons to whose attention the same shall be directed. Section 11.8 Right to Cure Default. If the Local Government fails to make any payment or to perform any act required by it under this Agreement, VRA or the Trustee, without prior notice to or demand upon the Local Government and without waiving or releasing any obligation or default, may (but shall be under no obligation to) make such payment or perform such act. All amounts so paid by VRA or the Trustee and all costs, fees and expenses so incurred shall be payable by the Local Government as an additional obligation under this Agreement, together with interest thereon at the rate of 15% per year until paid. The Local Government's obligation under this Section shall survive the payment of this Agreement. Section 11.9 Term of Agreement. Except as provided in Section 3.6, this Agreement is effective as of the Effective Date. Except as otherwise specified, the Local Government's obligations under this Agreement and this Agreement shall expire upon payment in full of this Agreement and all other amounts payable by the Local Government under this Agreement. Section 11.10 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. [Signature Pages Follow] -30- IN WITNESS WHEREOF, the Local Government and VRA are signing this Agreement as of the day and year first above written. [SEAL] COMMONWEALTH OF VIRGINIA CITY OF RICHMOND, VIRGINIA VIRGINIA RESOURCES AUTHORITY Jean Bass, Acting Executive Director to -wit: The foregoing instrument was acknowledged before me in the jurisdiction aforesaid, this day of [], 2017, by Jean Bass, as the Acting Executive Director of Virginia Resources Authority on behalf thereof. Notary Public [SEAL] My commission number: My commission expires: [Signature Page of Local Lease Acquisition Agreement and Financing Lease for County of Roanoke — VRA- 1] Address for Notices: 5204 Bernard Drive Suite 300 E Roanoke, Virginia 24019 Attn: County Administrator [SEAL] ATTEST: COUNTY OF ROANOKE, VIRGINIA By: Name Title: [ 1 Deputy Clerk, Board of Supervisors COMMONWEALTH OF VIRGINIA ) COUNTY OF ROANOKE ) to -wit: : Thomas Gates County Administrator The foregoing instrument was acknowledged before me in the County of Roanoke, Virginia, this day of [ ], 2017, by Thomas Gates, as the County Administrator of the County of Roanoke, Virginia, on behalf thereof. Notary Public [SEAL] My commission number: My commission expires: COMMONWEALTH OF VIRGINIA ) COUNTY OF ROANOKE ) to -wit: The foregoing instrument was acknowledged before me in the County of Roanoke, Virginia, this day of [ ], 2017, by [ ], as the Deputy Clerk of the Board of Supervisors of the County of Roanoke, Virginia, on behalf thereof. Notary Public [SEAL] My commission number: My commission expires: [Signature Page of Local Lease Acquisition Agreement and Financing Lease for County of Roanoke — County - 2] The Trustee, by the execution hereof, accepts the duties imposed on it by this Agreement. U.S. BANK NATIONAL ASSOCIATION, as Trustee Patricia A. Welling, Vice President and Corporate Municipal Trust Manager COMMONWEALTH OF VIRGINIA ) ) to -wit: CITY OF RICHMOND ) The foregoing instrument was acknowledged before me this day of [ ], 2017 by Patricia A. Welling, as the Vice President and Corporate Municipal Trust Manager of U.S. Bank National Association, on behalf thereof. [SEAL] Notary Public My commission number: My commission expires: [Signature Page of Local Lease Acquisition Agreement and Financing Lease for County of Roanoke — Trustee - 3] EXHIBIT A DESCRIPTION OF THE REAL ESTATE All those certain lots or parcels of land, together with any improvements thereon, rights incident thereto, and appurtenances thereunto belonging, situate in the Town of Vinton, County of Roanoke, Virginia, and more particularly shown and designated as "Property of B. Wayne Dunman & Rebecca J. Dunman (DB1389, PG1162) Tax N0. 60.16-8-1 and 60.16-8-2" and "Property of Taz Wade, Inc. (Instrument No. 200304196) Tax No. 60.16-8-3 and (Instrument No. 20030197) Tax No. 60.16-8-4" as shown on a 'Boundary Survey for Roanoke County" dated July 15, 2011, prepared by Caldwell White Associates, said plat being recorded simultaneously herewith as Instrument No. 2011 07234. THIS BEING all of the same real estate conveyed to B. Wayne and Rebecca J. Dunman by deed dated November 30, 1992 of record in Deed Book 1389 at page 1162, and to Taz Wade, Inc. by deeds dated January 30, 2003 recorded as Instrument No. 2003 04196, and January 30, 2003 as Instrument No. 2003 04197. Commonly referred to as the Vinton Library. IM EXHIBIT B DESCRIPTION OF THE PROJECT Proceeds from the proposed financing will be used to fund certain projects for the Local Government for public safety, parks and recreation, economic development, and government administration, including but not limited to the replacement of the County's inventory of 1,150 public safety radios; master planning, infrastructure implementation and repairs, including providing water and sewer infrastructure and expanding the existing road network to Explore Park; and engineering and evaluation of alternatives for replacing the Public Service Center Facility including acquisition and construction, together with related costs of issuance. IM EXHIBIT C PENDING OR THREATENED ACTIONS, SUITS, PROCEEDINGS, OR INVESTIGATIONS None. C-1 EXHIBIT D FORM OF REQUISITION Requisition No. Date: U.S. Bank National Association, as Trustee Attention: Corporate Trust Department 1021 East Cary Street 18th Floor Richmond, Virginia 23219 Virginia Resources Authority 1111 East Main Street Suite 1920 Richmond, Virginia 23219 Attention: Executive Director This Requisition, including Schedule 1 and Schedule 2 hereto, is submitted in connection with the Local Lease Acquisition Agreement and Financing Lease dated as of September 15, 2017 (the "Financing Lease") between the Virginia Resources Authority and the County of Roanoke (the "Local Government"). Unless otherwise defined in this Requisition, each capitalized term used herein has the meaning given it under Article I of the Financing Lease. The undersigned Local Representative hereby requests payment of the following amounts from the Local Account established for the Local Government in the 2017C Acquisition Fund established under the Fortieth Supplemental Series Indenture. Payee (including electronic payment instructions if requesting electronic payment): Address: Amount to be Paid: Purpose (in reasonable detail) for which obligations(s) to be paid were incurred: D-1 Attached on Schedule 2 are the wire instructions for this requisition, and also attached hereto is an invoice (or invoices) relating to the items for which payment is requested. The undersigned certifies that (i) the amounts requested by this Requisition will be applied in accordance with the Local Tax Document and solely and exclusively to the payment, or the reimbursement of the Local Government for its payment, of Project Costs of the construction portion of the Project, (ii) no notice of any lien, right to lien or attachment upon, or claim affecting the right to receive payment of, any of the money payable under the Requisition to any of the persons, firms or corporations named in it has been received, or if any notice of any such lien, attachment or claim has been received, such lien, attachment or claim has been released or discharged or will be released or discharged upon payment of the Requisition, and (iii) this Requisition contains no items representing payment on account of any retained percentage entitled to be retained at this date. If this Requisition includes payments for labor or to contractors, builders or materialmen, the attached Certificate of Local Representative must be completed. If this Requisition includes payments for any lands or easements, rights or interest in or relating to lands, the attached Certificate of the Local Representative must be completed and there must be attached to this Requisition a certificate signed by a Local Representative stating that upon payment therefor the Local Government will have title in fee simple to, or easements, rights or interests sufficient for the purposes of the construction portion of the Project over or through such lands. The Local Government has agreed in the Financing Lease that any amounts it receives pursuant to this Requisition will be (i) immediately applied to reimburse the Local Government for Project Costs it has already paid or (ii) actually spent to pay Project Costs not later than five banking days after receipt. Local Representative D-2 SCHEDULE 1 Form to Accompany Requisition Requisition # Recipient: Roanoke County — VRA 2017C Local Representative: Title: Date: Cost Total Previous Disbursement Disbursements Remaining Category Project Cost Disbursements This Period to Date Balance TOTALS $ $ $ $ $ D-3 CERTIFICATE OF LOCAL REPRESENTATIVE The undersigned Local Representative for the Local Government hereby certifies that (i) insofar as the amounts covered by this Requisition include payments for labor or to contractors, builders or materialmen, such work was actually performed or such materials, supplies or equipment were actually furnished or installed in or about the Project, and (ii) insofar as the amounts covered by the Requisition include payments for land or easements, rights or interests in or relating to lands, such lands, easements, rights or interests are being acquired and are necessary or convenient for the undertaking and completion of the Project. Date: Local Representative M SCHEDULE 2 Wire Instructions for Requisition [To be provided by the Local Government] D-5 EXHIBIT E OPERATING DATA Description of Local Government. A description of the Local Government including a summary of its form of government and budgetary processes. Debt. A description of the terms of the Local Government's outstanding tax -supported and revenue debt including a historical summary of such outstanding debt; a summary of authorized but unissued debt; a summary of legal debt margin (if any); a summary of overlapping debt; and a summary of annual debt service on outstanding debt as of the end of the preceding fiscal year. The annual disclosure should also include (to the extent not shown in the latest audited financial statements) a description of contingent obligations as well as pension plans administered by the Local Government and any unfunded pension liabilities. Financial Information and Operating Data. Financial information and operating data respecting the Local Government including a description of revenues and expenditures for its major funds and a summary of its tax policy, structure and collections as of the end of the preceding fiscal year. E-1 EXHIBIT F FORM OF OPINION OF COUNSEL TO THE LOCAL GOVERNMENT [Print on the Letterhead of Counsel for the Local Government] I] , 2017 Board of Supervisors of Roanoke County Roanoke, Virginia Virginia Resources Authority Richmond, Virginia Local Lease Acquisition Agreement and Financing Lease dated as of September 15, 2017 Ladies and Gentlemen: I have acted as counsel to the County of Roanoke, Virginia (the "Local Government"), in connection with the execution and delivery of a Local Lease Acquisition Agreement and Financing Lease (the "Financing Lease") dated as of September 15, 2017, by and between the Local Government and the Virginia Resources Authority ("VRA"), the net proceeds of which will be applied to finance the Project (as defined in the Financing Lease) and in such capacity, I have examined, among other things, the following documents: (a) a certified copy of the Local Authorization (as defined in the Financing Lease), authorizing the execution and delivery of the Financing Lease to finance the Project; (b) a copy of the Financing Lease; (c) a copy of the Prime Lease (as defined in the Financing Lease); and (d) a copy of the Local Tax Document (as defined in the Financing Lease). The documents referred to in clauses (b) through (d) above are referred to collectively as the "Local Lease Documents." I have also examined such other records and proceedings of the Local Government and conducted such investigations as I deemed appropriate and necessary for purposes of this opinion. Unless otherwise defined, each capitalized term used in this opinion has the same meaning given to such term in the Financing Lease. As to questions of fact material to the opinions and statements set forth herein, I have relied upon representations of the Local Government set forth in the Local Lease Documents and other certificates and representations by persons including representatives of the Local F-1 Government. Whenever an opinion or statement set forth herein with respect to the existence or absence of facts is qualified by the phrase "to the best of my knowledge" or a phrase of similar import, it is intended to indicate that during the course of my representation of the Local Government in connection with the Local Lease Documents no information has come to my attention that should give me current actual knowledge of the existence or absence of such facts. Except to the extent expressly set forth herein, I have not undertaken any independent investigation of the existence or absence of such facts, and no inference as to my knowledge or the existence or absence of such facts should be drawn from the fact of my representation or any other matter. Based upon such examination and assuming the authorization, execution, delivery and enforceability of all documents by parties other than the Local Government, I am of the opinion that: I. The Local Government is a duly created and validly existing political subdivision of the Commonwealth of Virginia and is vested with the rights and powers conferred upon it by Virginia law. 2. The Local Government has full right, power and authority to (i) adopt the Local Authorization and execute and deliver the Local Lease Documents and all related documents, (ii) undertake the Project, and (iii) carry out and consummate all of the transactions contemplated by the Local Authorization and the Local Lease Documents. 3. The Local Lease Documents were duly authorized by the Local Authorization. 4. All governmental permits, licenses, registrations, certificates, authorizations and approvals required to have been obtained as of the date hereof have been obtained for (i) the Local Government's adoption of the Local Authorization, (ii) the execution and delivery of the Local Lease Documents, (iii) the Local Government's performance of its obligations under the Local Lease Documents, and (iv) to the best of my knowledge, the operation and use of the Related Financed Property. I know of no reason why any such required governmental permits, licenses, registrations, certificates, authorizations or approvals cannot be obtained as required in the future. 5. The Local Lease Documents have been executed and delivered by duly authorized officials of the Local Government and constitute legal, valid and binding obligations of the Local Government enforceable against the Local Government in accordance with their respective terms, subject to appropriation by the Local Government. The obligations of the Local Government under the Local Lease Documents, and the enforceability of such obligations, may be limited or otherwise affected by (a) bankruptcy, insolvency, reorganization, moratorium and other laws affecting the rights of creditors generally, (b) principles of equity, whether considered at law or in equity, (c) the exercise of sovereign police powers of the Commonwealth of Virginia, and (d) rules of law which may limit the enforceability on public policy grounds of any obligations of indemnification undertaken by the Local Government. 6. The execution and delivery of the Local Lease Documents and the performance by the Local Government of its obligations thereunder are within the powers of the Local F-2 Government and will not conflict with, or constitute a breach or result in a violation of (i) any federal or Virginia constitutional or statutory provision, (ii) to the best of my knowledge, any agreement or other instrument to which the Local Government is a party or by which it is bound or (iii) any order, rule, regulation, decree or ordinance of any court, government or governmental authority having jurisdiction over the Local Government or its property. 7. The Local Government, to the best of my knowledge, is not in default in the payment of the principal of or interest on any of its indebtedness for borrowed money and is not in default under any instrument under and subject to which any indebtedness for borrowed money has been incurred. To the best of my knowledge, no event or condition has happened or existed, or is happening or existing, under the provisions of any such instrument, including but not limited to the Financing Lease, which constitutes, or which, with notice or lapse of time, or both, would constitute an event of default thereunder. 8. The Local Government (i) to the best of my knowledge, is not in violation of any existing law, rule or regulation applicable to it in any way which would have a material adverse effect on its financial condition or its ability to perform its obligations under the Local Lease Documents and (ii) is not in default under any indenture, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or restriction of any kind to which the Local Government is a party or by which it is bound or to which any of its assets is subject, which would have a material adverse effect on its financial condition or its ability to perform its obligations under the Local Lease Documents. The execution and delivery by the Local Government of the Local Lease Documents and the compliance with the terms and conditions thereof will not conflict with, result in a breach of or constitute a default under any of the foregoing. 9. Except as set forth in the Financing Lease, there are not pending nor, to the best of my knowledge, threatened against the Local Government, any actions, suits, proceedings or investigations of a legal, equitable, regulatory, administrative or legislative nature (i) affecting the creation, organization or existence of the Local Government or the title of its officers to their respective offices, (ii) seeking to prohibit, restrain or enjoin the approval, execution, delivery or performance of the Local Authorization or the Local Lease Documents, (iii) in any way contesting or affecting the validity or enforceability of the Local Authorization, the Local Lease Documents or any agreement or instrument relating to any of the foregoing, (iv) in which a judgment, order or resolution may have a material adverse effect on the Local Government or its business, assets, condition (financial or otherwise), operations or prospects or on its ability to perform its obligations under the Local Authorization, or the Local Lease Documents, or (v) affecting the undertaking of the Project. Very truly yours, F-3 EXHIBIT G FORM OF CERTIFICATION AS TO NO DEFAULT AND TAX COMPLIANCE [DATE] [Insert Name] Compliance & Financial Analyst Virginia Resources Authority 1111 East Main Street, Suite 1920 Richmond, VA 23219 Dear [Mr./Ms.] In accordance with Section 9.4 of the Local Lease Acquisition Agreement and Financing Lease dated as of September 15, 2017 (the "Financing Lease") between Virginia Resources Authority and the County of Roanoke, Virginia (the "Local Government"), I hereby certify that, during the fiscal year that ended June 30, , and through the date of this letter: 1. [No event or condition has happened or existed, or is happening or existing, which constitutes, or which, with notice or lapse of time, or both, would constitute, an Event of Default as defined in Section 10.1 of the Financing Lease.] [If an Event of Default has occurred, please specify the nature and period of such Event of Default and what action the Local Government has taken, is taking or proposes to take to rectify it]. 2. [The ownership and status of all or a portion of the Related Financed Property has not changed since the Closing Date.] [If untrue, please describe.] 3. [Neither the Related Financed Property nor any portion thereof is being used by a Nongovernmental Person pursuant to a lease, an incentive payment contract or a take -or - pay or other output -type contract.] [If untrue, please describe.] 4. [Neither the Related Financed Property nor any portion or function thereof is being used pursuant to or is otherwise subject to a Service Contract that does not satisfy the requirements of Revenue Procedure 2017-13.] [If untrue, please describe.] 5. [Other than as may be described in paragraphs 2, 3 and 4 above, neither the Related Financed Property nor any portion or function thereof nor any portion of the Proceeds is being used for a Private Business Use.] [If untrue, please describe.] 6. [The Local Government has not used or permitted the use of any Proceeds of the Financing Lease directly or indirectly to make a loan to an ultimate borrower other than G-1 itself within the meaning of Section 4.3 of the Local Tax Document.] [If untrue, please describe.] 7. [Other than any amounts described in the Local Tax Document (as defined in the Financing Lease), between VRA and the Local Government and amounts that may constitute or be on deposit in a Bona Fide Debt Service Fund, there neither have been nor are now any moneys, securities, obligations, annuity contracts, residential rental property, AMT Bonds, investment -type property, Sinking Funds, Pledged Funds, or other Replacement Proceeds accumulated or held or pledged as security by the Local Government or any other Substantial Beneficiary of the Financing Lease as security for or the direct or indirect source of the payment of the principal of or interest on the Financing Lease.] [If untrue, please describe.] 8. [The Local Government is in compliance with the recordkeeping requirements of Section 4.9 of the Local Tax Document.] [If untrue, please describe.] 9. [Other than as may be described above, the Local Government is not in default of any of its obligations under the Local Tax Document.] [If untrue, please describe.] 10. Unless otherwise defined herein, each capitalized term used herein has the meaning set forth in the Local Tax Document. Sincerely, [Insert Name] Local Representative G-2 EXHIBIT H DESCRIPTION OF SPECIAL USE ARRANGEMENTS None. H SCHEDULE 1.1 FINAL TERMS Principal Amount of Tax -Exempt 2017C VRA Bonds $ Total Principal Amount of 2017C VRA Bonds $ Total Principal Components of Rental Payments $[ ] Lease Proceeds Amount* $[ ] *The Lease Proceeds Amount was determined as follows: by adding to the par amount of the portion of the Related Series of VRA Bonds ($[ ]), the Local Government's share of the net premium on the Related Series of VRA Bonds ($[ ]) and by subtracting from the par amount of the Related Series of VRA Bonds the Local Government's share of VRA's Expenses set forth in Section 3.2 ($ [ ]) and the Local Government's share of the deposit on the Closing Date to a VRA Reserve ADDITIONAL CONDITIONS PRECEDENT TO ACQUISITION OF FINANCING LEASE: None. ADDITIONAL CONDITIONS PRECEDENT TO FIRST REQUISITION OF THE LEASE PROCEEDS AMOUNT: None. 1.1-2 PROJECT BUDGET County of Roanoke, Virginia Sources and Uses of Funds Sources Par Amount $ [ ] Net Premium (Discount) [ ] Equity Contribution [ ] Total Sources $ [ ] Uses [Add Uses] $ [ ] Local Costs of Issuance [ ] VRA Costs of Issuance [ ] Underwriter's Discount [ ] Capital Reserve Fund - Equity Contribution [ ] Additional Proceeds [ ] Total Uses $ [ ] 1.1-3 INTEREST RATES AND PAYMENT SCHEDULE FOR LOCAL BOND The Rental Payments referenced in Section 6.1(a)(1) are done semi-annually on each of the dates set forth in the column "Period Ending" in the corresponding amount set forth in the column "Total Debt Service" 1.1-4 Prepared by: Arthur E. Anderson II McGuireWoods LLP Gateway Plaza 800 East Canal Street Richmond, Virginia 23219 Tax Parcel No.: LEASEHOLD DEED OF TRUST AND SECURITY AGREEMENT (COUNTY OF ROANOKE, VIRGINIA) THIS DEED OF TRUST IS EXEMPT FROM RECORDING TAXES UNDER SECTION 58.1-811 OF THE CODE OF VIRGINIA OF 1950, AS AMENDED This LEASEHOLD DEED OF TRUST AND SECURITY AGREEMENT (as amended, modified, extended, restated or supplemented from time to time, this "Deed of Trust"), is dated as of [ ], 2017, and is made by the VIRGINIA RESOURCES AUTHORITY, a public body corporate and a political subdivision of the Commonwealth of Virginia ("Grantor" for indexing purposes and "VRA" for reference herein), for the benefit of PATRICIA A. WELLING, a resident of the County of Chesterfield, Virginia whose address is 1021 East Cary Street, 18th Floor, Richmond, Virginia 23219, Attention: Corporate Trust Services, and NANCY H. TAYLOR, a resident of the Town of Hillsville, Virginia, whose address is 1427 Baltimore Road, as trustees (collectively, "Grantee" for indexing purposes and the "Deed of Trust Trustee" for reference herein). RECITALS A. VRA is issuing a portion of its Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing Program), Series 2017C (the "Related Series of Bonds") to assist the County of Roanoke, Virginia (the "County"), with financing one or more projects (collectively, the "Project") as described in the Local Lease Acquisition Agreement and Financing Lease dated as of September 15, 2017 (as amended, modified, extended, restated or supplemented from time to time, the "Financing Lease"), between the County and VRA. The Related Series of Bonds and all other Bonds, as hereinafter defined, related to the financing of the Project are referred to herein as the 'Related VRA Bonds." B. VRA and the County entered into a Prime Lease dated as of [ 12017 (as amended, modified, extended, restated or supplemented from time to time, the "Prime Lease"), between VRA and the County pursuant to which VRA acquired a leasehold interest in the real estate described in Exhibit A (the 'Real Estate") and the Improvements (as defined in the Financing Lease). VRA will lease the Real Estate and the Improvements (as more particularly defined in the Financing Lease, the "Leased Property") back to the County pursuant to the Financing Lease. C. The Related Series of Bonds will be issued pursuant to a Master Indenture of Trust dated as of December 1, 2003, as previously supplemented and amended and as further supplemented by a Fortieth Supplemental Series Indenture of Trust dated as of November 1, 2017 (collectively and as the same may be further supplemented and amended from time to time, the "Indenture"), both between VRA and U.S. Bank National Association, as trustee (the "Trustee"). Under the Indenture, the Related Series of Bonds are secured equally and ratably 93744544 1 McGuireWoods LLP Draft of 9/7/17 with all other outstanding bonds and bonds issued in the future (collectively with the Related Series of Bonds, the "Bonds") upon the terms and conditions set forth in the Indenture. Under the Indenture, VRA has agreed to assign to the Trustee as security for the Bonds all of its right, title and interest in and to the Prime Lease and the Financing Lease (collectively, the "Leases"), subject to the terms of the Indenture. NOW, THEREFORE, to secure the payment of the Bonds and performance of VRA's obligations under this Deed of Trust, the Bonds, the Indenture, the Leases and in all other instruments securing the Bonds (collectively, the "Obligations"), if any, that may now or hereafter become owing from VRA to the Trustee, and in consideration of One Dollar ($1.00) in hand paid, receipt and sufficiency of which is hereby acknowledged, VRA does hereby grant, convey and assign, with special warranty of title, unto the Deed of Trust Trustee, its successors and assigns forever, the Property, as hereinafter defined. TO HAVE AND TO HOLD all the same with all privileges and appurtenances hereby conveyed and assigned, or agreed or intended to be conveyed and assigned, to the Deed of Trust Trustees and their successor(s) in such trust and its assign(s) forever. The leasehold estate created by the Financing Lease together with VRA's interest in the following described property are collectively referred to herein as the "Property": (i) All Improvements and all materials intended for construction, reconstruction, alteration and repair of such Improvements which shall be deemed to be included in the Property immediately upon delivery thereof to the Real Estate. (ii) All the easements, rights of way and appurtenances thereunto belonging or in any way appertaining, and the reversion or reversions, remainder and remainders, rents, issue and profits thereof, and also all the estate, right, title, interest, property, claim and demand whatsoever of VRA of, in and to the same and of, in and to every part and parcel thereof. (iii) All right, title and interest of VRA, if any, in and to the land lying in the bed of any street, road, avenue or alley, opened or proposed, in front of or adjoining the Real Estate. (iv) All fixtures, machinery, equipment, furnishings and personal property now owned or hereafter acquired by VRA or the County and used in connection with the Real Estate, including, but not limited to, heating, refrigerating, air conditioning, electrical, gas and lighting equipment and systems, boilers, piping and plumbing fixtures, fire prevention and sprinkling equipment and systems, security systems and other property related to the operation and maintenance of the improvements on the Real Estate, together with all modifications and substitutions therefor and proceeds therefrom (whether cash or otherwise). (v) All awards or payments, including interest thereon, and the right to receive the same, that may be made with respect to the Property as a result of (i) the exercise of the right of eminent domain or deed in lieu thereof, (ii) the alteration of the grade of any street or (iii) any other injury to or decrease in the value of the Property, to the extent of all amounts that may be secured by this Deed of Trust at the date of receipt of any such award or payment by the Trustee and to the extent of the reasonable counsel fees, costs and disbursements incurred by the Trustee in connection with the collection of such award or payment. VRA agrees to execute and deliver, -2- from time to time, such further instruments as may be requested by the Trustee to confirm the assignment to the Trustee of any such award or payment. (vi) All modifications and substitutions for, and all proceeds from, the Property, including, without limitation, all insurance proceeds and condemnation awards payable as a result of the loss or damage to, or the taking by eminent domain of, all or any part of the Property. (vii) All leases of or relating to the Property and all rents, incomes and profits arising from the Property, provided that this assignment shall not impose on the Deed of Trust Trustee or the Trustee any obligations of the lessor under such leases. Each capitalized term used herein has the same meaning given to it in the Financing Lease. I. GENERAL COVENANTS AND RESERVED RIGHTS. (a) VRA shall cause to be paid all amounts due under the Bonds and shall perform all covenants, conditions and agreements of VRA contained in the Bonds and the Leases. VRA acknowledges that the Financing Lease contains certain covenants by the County with respect to the Leased Property that are binding on successors in interest in the Leased Property and that include matters relating to maintenance, repair, insurance, taxes, damage and destruction with respect to the Leased Property. The provisions of the Financing Lease are hereby incorporated by reference in this Deed of Trust. (b) As permitted under Section 2.3 of the Master Indenture, so long as no Event of Default (as defined in the Master Indenture) with respect to the Bonds has occurred and is continuing, VRA has the right and license, among other things, to modify the Leases, which right and license includes, among other things, the right to amend the property leased pursuant to the Leases and grant certain rights and privileges related to such property, and make corresponding amendments to this Deed of Trust to conform it to the changes to the Leases all without the consent of the Trustee or the Deed of Trust Trustees. 2. LEASE. VRA represents, warrants, covenants and agrees that: (a) This Deed of Trust is lawfully executed and delivered in conformity with the Financing Lease and the Indenture. (b) VRA shall promptly perform and observe all of the terms, covenants and conditions required to be performed and observed by VRA under the Leases, within the periods as are provided therein, and will do all things necessary to preserve and to keep unimpaired their rights under the Leases. (c) VRA shall promptly notify the Trustee in writing of any default by the County in the performance or observance of any of the terms, covenants, or conditions on the part of the County to be performed or observed under the Leases. (d) VRA shall (i) promptly notify the Trustee in writing of the receipt by VRA of any notice from the County noting or claiming any default by VRA or the County in the -3- performance or observance of any of the terms, covenants, or conditions to be performed or observed under the Leases; (ii) promptly notify the Trustee in writing of the receipt by VRA of any notice from the County to VRA of termination of the Leases pursuant to the provisions thereof, and (iii) promptly cause a copy of each such notice received by VRA from the County to be delivered to the Trustee. (e) VRA shall execute and deliver, on request of the Trustee, such instruments as the Trustee may deem useful or required to permit the Trustee to cure any default under the Leases or permit the Trustee to take such other action as the Trustee considers desirable to cure or remedy the matter in default and preserve the interest of the Trustee in the Property. The generality of the provisions of this paragraph relating to the Leases are not limited by other provisions of this Deed of Trust setting forth particular obligations of VRA which are also required of VRA under the Leases. The rights granted and remedies available to the Trustee under this Deed of Trust are separate and cumulative of any and all rights granted and available to the Trustee under the Leases. 3. NO MERGER. So long as any of the obligations secured by this Deed of Trust remain unpaid, unless the Trustee otherwise consents in writing, the fee title to and the leasehold estate in the leasehold premises demised under the Leases will not merge, but always will be kept separate and distinct, notwithstanding the union of such estates in the County or VRA, or in a third party, by purchase or otherwise. 4. REMEDIES ON DEFAULT OR ACCELERATION. Upon the occurrence and continuation of an Event of Default (as defined in the Indenture), the Trustee may, subject to the terms of the Indenture: (a) have access to and inspect, examine and make copies of VRA's books, records and accounts pertaining to the Property; (b) exercise any of the rights of the Trustee under this Deed of Trust or the Leases; and (c) take whatever action at law or in equity which appears necessary or desirable to collect the amounts then due and to become due or to enforce observance or performance of the Obligations. Whenever an Event of Default (as defined in the Indenture) has occurred and is continuing, or whenever there is a failure by the County to appropriate moneys to make Rental Payments under the Financing Lease, and if and as directed by the Trustee, the Deed of Trust Trustee shall execute the trust created by this Deed of Trust and shall sell, lease or otherwise transfer at the option of the Trustee VRA's interest in the Property (or such portion thereof as the Trustee may select) for cash or upon such terms and conditions as the Deed of Trust Trustee may deem expedient, and at such time and place as the Deed of Trust Trustee may consider advisable, at public auction, after having first advertised the time, place and terms and given notice to the County and VRA as required by law. Out of the proceeds of any such sale (and except to the extent some other allocation of proceeds is required by statute) after paying first all the expenses attending the execution of this trust, including auctioneer's fees, if any, trustee's commission on 10 the proceeds of sale as provided by law and, second, all taxes, levies, assessments, insurance premiums and other charges due and unpaid at the time of sale, any and all amounts advanced by the Deed of Trust Trustee or the Trustee in accordance with the terms hereof, with interest and penalties thereon and a ratable portion of the taxes, assessments or levies for the calendar year in which VRA's interest in the Property is sold, then the Deed of Trust Trustee will pay to the Trustee the Rental Payments under the Financing Lease then unpaid, and all other obligations secured by the Financing Lease, and finally will pay the balance, if any, to the holders of any junior liens upon the Property and then to the County. In the event of any foreclosure hereunder, the Trustee has the right to cause to be transferred or canceled any and all insurance policies then outstanding on the Property and the proceeds of such transfer or cancellation will be accounted for and disbursed as though it were a part of the proceeds of sale of the Property. The insurance companies issuing such policies of insurance are hereby authorized to transfer or cancel the same upon the order of the Trustee and to remit the proceeds of any such cancellation to the Trustee. If, before or at the time of the sale, the Deed of Trust Trustee shall deem it proper for any reason to postpone or continue the sale, they may do so, in which event notice of such postponement will be published in at least one subsequent issue of the same newspaper before the day of sale. Further, upon the occurrence of any such default or event of non -appropriation, the Deed of Trust Trustee, at the request of the Trustee, will have the absolute right to enter upon the Property and take possession thereof, and VRA agrees to surrender the Property to the Deed of Trust Trustee promptly upon demand. The Deed of Trust Trustee will have the right to operate the Property themselves or through agents appointed by them and to receive rents and profits therefrom. All such rents and profits will be applied to reasonable compensation to the Deed of Trust Trustee for their services and to the expenses of operating the Property, with any excess to be applied to payment of interest on and the principal of the Bonds. 5. RECEIVERSHIP. VRA agrees that if an Event of Default has occurred and is continuing, the Trustee may apply for the appointment of a receiver of the Property or the rents and profits of the Property, or both, without notice except as required by law, and will be entitled to the appointment of the receiver as a matter of right, without consideration of the value of the Property, and solvency of VRA or the effect of the receivership on the operation of the Property or the County's business thereon. 6. CONCERNING THE DEED OF TRUST TRUSTEE. (a) The powers of the Deed of Trust Trustee hereunder may be exercised by either Deed of Trust Trustee named herein or any successor Deed of Trust Trustee, and the Deed of Trust Trustee may act through their agents and attorneys, and in the event of the resignation, death, incapacity, disability, removal or absence from the Commonwealth of Virginia of the Deed of Trust Trustee hereunder, or in the event the Trustee for any reason (which reason need not be specified) may deem it appropriate, the Trustee may, by instrument executed and acknowledged, designate and appoint one or more substitute Deed of Trust Trustees in the place and stead of any such Deed of Trust Trustee, the substituted Deed of Trust Trustee or Deed of Trust Trustees to thereupon be vested with all the powers, rights, authority and duties vested in a Deed of Trust Trustee hereunder. Each such appointment and substitution will be made by written instrument executed by the Trustee containing reference to this Deed of Trust sufficient to identify it, which instrument, when recorded in the office of the Clerk's Office of the County or counties in which the Property or any portion thereof is situated, will be conclusive proof of -5- proper appointment of the successor trustee. The recital or statement, in any instrument executed by Deed of Trust Trustee in pursuance of any of said trusts, of the due authorization of any agent of the Deed of Trust Trustee executing the same will for all purposes be conclusive proof of such authorization. (b) The Deed of Trust Trustee will be under no duty (i) to take any action hereunder except as expressly set forth herein and then only following notice of default set forth below, and no implied obligations will be read into this Deed of Trust; or (ii) to perform any act that would involve them in expense or liability or to institute or defend any suit in respect hereof, unless properly indemnified to their satisfaction; or (iii) to account for the use or application of any payments of the Bonds or under any other documents securing the sale. The Deed of Trust Trustee will not be required to take notice, nor will they be deemed to have knowledge, of any default of VRA or the County, nor will they be required to ascertain or inquire as to the performance of any covenants or agreements contained herein or in the Leases or the Bonds, and they may conclusively assume that there has been no such default unless and until they have been specifically notified in writing of such default by the Trustee, VRA or the County. (c) VRA will pay, from legally available funds, or cause to be paid (subject to legally available funds) to the Deed of Trust Trustee just compensation for any and all services performed and all their expenses, charges, counsel fees and other disbursements incurred on and about the administration and execution of the trusts hereby created, and the performance of their duties and powers hereunder, which compensation, expenses, fees and disbursements will constitute a part of the indebtedness secured hereby. To the extent funds are legally available, VRA agrees to save the Deed of Trust Trustee harmless, or cause to be held harmless the Deed of Trust Trustee, against any loss, liability or expense that it may incur in the exercise and performance of its powers and duties hereunder or the administration of this trust or as a result of serving as a Deed of Trust Trustee hereunder, and not due to its negligence or bad faith. 7. ASSIGNMENT OF LEASES AND RENTS. VRA hereby assigns to the Trustee, as additional security for the Obligations, all leases, rents, income and profits presently existing or hereafter arising out of the Property, including the Financing Lease. The Trustee, at its option, may collect and apply the same, less expenses of collection, to the Rental Payments under the Financing Lease or to the performance of VRA's obligation hereunder or to the continued operation of the Property, or any combination of the foregoing, in such manner and amounts as the Trustee in its sole discretion may determine. The remedies granted in this paragraph are in addition to the other remedies provided in this Deed of Trust or in any other instrument securing the Bonds, and no exercise hereunder shall prevent a simultaneous or subsequent exercise of any other such remedy. 8. SECURITY AGREEMENT. VRA shall execute and deliver, from time to time, such instruments as may be requested by the Trustee to confirm the lien of this Deed of Trust on any portion of the Property. This Deed of Trust, in addition to constituting a lien on real estate, is a security agreement by which VRA has granted to the Trustee a security interest in all Property, and will support any financing statement filed showing the interest of the Trustee as a secured party with respect to any portion of the security described in such financing statement. The Trustee, in addition to, and not in lieu of or in diminution of, its rights and remedies herein M provided, has all rights and remedies of a secured party under the Virginia Uniform Commercial Code. 9. MISCELLANEOUS COVENANTS AND AGREEMENTS. (a) VRA shall permit, subject to the Leases, the Deed of Trust Trustee and the Trustee to inspect the Property at such reasonable time or times, upon prior written or telephonic notice to the County, as they may desire, either in person or through their duly authorized agents or representatives. (b) VRA waives the benefit of any debtor's exemptions that lawfully may be waived as to the indebtedness and obligations secured by this Deed of Trust. (c) Except as otherwise provided herein, the covenants herein contained bind, and the benefits and advantages herein contained inure to, the respective heirs, personal representatives, successors and assigns of the parties hereto and of the Trustee and its successors and assigns. Whenever used herein, the singular number includes the plural and the plural the singular, and the use of any gender includes all other genders. (d) The rights of the Trustee and the Deed of Trust Trustee arising under the clauses and covenants contained in this Deed of Trust, the Bonds or any of the other Basic Documents are separate, distinct and cumulative, and none of them are in exclusion of the others or of any rights and remedies to which the Trustee or Deed of Trust Trustee is entitled at law or in equity. No act of the Trustee or the Deed of Trust Trustee will be construed as an election to proceed under any one provision herein to the exclusion of any other provision, and no failure to act hereunder or thereunder in the event of a default will be deemed to constitute waiver of any continuation of that default or of any other default. In the event that one or more provisions of this Deed of Trust, the Bonds or the Leases shall be held to be invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability will not affect any other provisions hereof, and this Deed of Trust will be construed as if any such provisions had never been contained herein. (e) Any notice which any party hereto may desire or be required to give to the other is deemed to be adequate and sufficient notice if given in accordance with the provisions of the Indenture or Financing Lease. (f) Upon the payment in full of the Related Bonds and the termination of the Financing Lease, the Trustee and the Deed of Trust Trustee, at the expense of VRA, shall cause the lien and security interest created by this Deed of Trust to be released, cancelled and discharged, and the Trustee and the Deed of Trust Trustee shall execute and deliver to VRA instruments necessary to effect such release, cancellation and discharge, and shall assign and deliver to VRA any property which the Deed of Trust Trustee then may hold pursuant to this Deed of Trust. (g) If any clause, provision or section of this Deed of Trust is held illegal or invalid by any court, the illegality or invalidity of such clause, provision or section shall not affect any of the remaining clauses, provisions or sections hereof, and this Deed of Trust shall be construed and enforced as if such illegal or invalid clause, provision or section had not been -7- contained herein. If any agreement or obligation contained in this Deed of Trust is held to be in violation of law, then such agreement or obligation shall be deemed to be the agreement or obligation of the Local Government or VRA, as the case may be, only to the full extent permitted by law. (h) This Deed of Trust shall be governed by the applicable laws of the Commonwealth of Virginia. It expresses the entire understanding and all agreements between the parties and may not be modified except in writing signed by VRA and the Trustee. (i) This Deed of Trust may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which together shall constitute but one and the same instrument. 0) VRA hereby waives the benefit of any exemptions as to the debt hereby secured and as to all other obligations which may be imposed upon VRA by the provisions of this Deed of Trust. 10. VRA EXPRESSLY WAIVES AND RELEASES ANY REQUIREMENT OR OBLIGATION THAT THE TRUSTEE OR THE DEED OF TRUST TRUSTEE PROCEED BEFORE ANY COURT, CLERK, OR OTHER JUDICIAL OR QUASI-JUDICIAL BODY BEFORE EXERCISE OF THE POWERS OF SALE CONTAINED IN THIS DEED OF TRUST AND IN SECTIONS 55-59.1 THROUGH 55-59.4 OF THE CODE. 11. EXCULPATION. Notwithstanding anything contained in this Deed of Trust to the contrary, all of the obligations of VRA hereunder are nonrecourse obligations, and the Deed of Trust Trustee and the Trustee must look solely to the Property for the satisfaction of any and all remedies they may have against VRA upon a default hereunder. Neither the Deed of Trust Trustee nor the Trustee may enforce or attempt to enforce any deficiency or other personal money judgment against VRA with respect to the Obligations. [Signature Page Follows] N in WITNESS the following signature as of the date first above written. VIRGINIA RESOURCES AUTHORITY Jean Bass, Acting Executive Director COMMONWEALTH OF VIRGINIA ) ) to -wit: CITY OF RICHMOND ) The foregoing instrument was acknowledged before me in the jurisdiction aforesaid, this day of [ ], 2017, by Jean Bass, as the Acting Executive Director of Virginia Resources Authority on behalf thereof. Notary Public [SEAL] My commission number: My commission expires: [Signature Page of Leasehold Deed of Trust and Security Agreement (County of Roanoke, Virginia)] EXHIBIT A DESCRIPTION OF REAL ESTATE All that certain real property and any and all improvements now or hereafter existing thereon located in Roanoke County, Virginia, located at [ ], is located, and as more particularly described as follows in the Roanoke County land records: Tax Map Number [ IME ACTION NO. ITEM NO. G.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: September 26, 2017 Ordinance accepting and appropriating funds in the amount of $1,084,206 from the Department of Homeland Security (DHS) Staffing for Adequate Fire and Emergency Response (SAFER) Grant Stephen G. Simon Chief of Fire and Rescue APPROVED BY: Thomas C. Gates County Administrator ISSUE: Appropriation of a grant from the Department of Homeland Security (DHS) Staffing for Adequate Fire and Emergency Response (SAFER) program in the amount of $1,084,206 to support the hiring of eleven new firefighter positions. BACKGROUND: The Staffing for Adequate Fire and Emergency Response (SAFER) grant program was created by the Department of Homeland Security (DHS) to provide funding directly to fire departments and volunteer firefighter interest organizations with the purpose of increasing or maintaining the number of trained, "front line" firefighters. The goal of the SAFER program is to enhance local fire departments' abilities to comply with staffing, response and operational standards established by the National Fire Protection Association (NFPA). DISCUSSION: The SAFER program is a competitive grant awarded to fire departments that demonstrate a clear need for additional firefighter staffing. The County of Roanoke Fire and Rescue Department applied for this grant in February 2017, and received notification that it was selected as a recipient of the grant on July 28, 2017. The grant Page 1 of 3 award totals $1,084,206 over a three-year period supporting the hiring of eleven new firefighter positions. Acceptance of the grant award requires the County to hire additional staff, not offset costs associated with existing staff. The County of Roanoke Fire and Rescue Department will utilize the eleven new positions to meet minimum staffing levels and maintain adequate emergency response capabilities. A recruit school scheduled to start in November 2017 will provide training and the new personnel will be assigned to stations in March 2018. As part of the adopted fiscal year 2017-2018 Operating Budget, the Board of Supervisors approved net new funding in the amount of $180,449 to add four new firefighter positions. Staff indicated to the Board of Supervisors at that time if SAFER grant funds were awarded, up to eleven firefighter positions could be added to the Fire and Rescue Department without additional County resources due to the cost sharing component of the grant. As part of this appropriation ordinance, County staff will request an additional seven firefighter positions be added to the County's Classification and Pay Plan. These seven positions plus the four positions added as part of the adopted fiscal year 2017-2018 Operating Budget will provide the Fire and Rescue department a total of eleven new positions to be supported by the SAFER grant. FISCAL IMPACT: The SAFER grant is a cost sharing grant. For years one and two of the grant, DHS will fund 75% of eligible costs, with the County responsible for 25% costs. For year three of the grant, DHS will fund 35% of eligible costs, with the County responsible for 65% of costs. The maximum reimbursement the County can receive from this grant is $1,084,206 over three years. The three year grant period will start with the hiring of the eleven new firefighters in November 2017. The net new funding approved by the Board of Supervisors in the fiscal year 2017-2018 Operating Budget ($180,449) for four new firefighter positions is anticipated to be sufficient to cover the County's share of the grant in fiscal year 2017-2018. No additional County resources will be required in fiscal year 2017-2018 to support this grant. A projected five-year fiscal impact of the grant was provided to the Board of Supervisors in a memorandum sent by the County Administrator on August 23, 2017, and is included as an attachment to this board report form. Projections provided in the memorandum are related to the new positions only and do not account for potential increased service delivery demands and volunteer staffing level decreases that could impact the budget in future years. There have been no changes since the first reading on September 12, 2017. Page 2 of 3 STAFF RECOMMENDATION: Staff recommends approval of the appropriation of $1,084,206 from the Department of Homeland Security (DHS) Staffing for Adequate Fire and Emergency Response (SAFER) grant program, and adding seven new firefighter positions to the County's Classification and Pay Plan. Staff recommends approval of this ordinance. Page 3 of 3 Award Package Page 1 of 22 Award Package https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire adrnin/awardslspeclview away... 7/31/2017 Award Package U.S. Department of Homeland Security Washington, D.C. 20472 : Z' - :" A Mrs.Wina Green Roanoke County Fire and Rescue 5204 Bernard Drive Roanoke, Virginia 24018-4345 Re: Grant No.EMW-2016-FH-00387 Dear Mrs, Green: Page 2 of 22 Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2016 Staffing for Adequate Fire and Emergency Response (SAFER) Grant has been approved in the amount of $1,084,206.00. As a condition of this award, you are required to contribute a cost match in the amount of $673,968.00 of non -Federal funds. The Federal share is $1,084,206.00 of the approved total project cost of $1,758,174.00. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the Assistance to Firefighters Grant Programs' a -grant system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Summary Award Memo • Agreement Articles (attached to this Award Letter) • Obligating Document (attached to this Award Letter) • FY 2016 Staffing for Adequate Fire and Emergency Response (SAFER) Grant Notice of Funding Opportunity Please make sure you read, understand, and maintain a copy of these documents in your official file for this award, Prior to requesting Federal funds, all recipients are required to register in the System for Award Management (SAM.gov). As the recipient, you must register and maintain current information in SAM.gov until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that the recipient review and update the information annually after the initial registration, and more frequently for changes in your information. There is no charge to register in SAM.gov. Your 9€ mpon-line lrpe m�gasa�olpublEc/SAMI. It is your entity's responsibility to have a valid DUNS number the of registration. In order to establish acceptance of the award and its terms, please follow these instructions: Step 1: Please go to hftps:llportal.fema,ggv to accept or decline your award. This will take you to the Assistance to Firefighters eGrants system. Enter your User Name and Password as requested on the login screen. Your User Name and Password are the same as those used to complete the application on-line. Once you are in the system, the Status page will be the first screen you see. On the right side of the Status screen, you will see a column entitled Action. In this column, please select the View Award Package from the drop down menu. Click Go to view your award package and indicate your acceptance or declination of award.. PLEASE NOTE: your recruitment period has begun. If you wish to accept your grant, you should do so immediately. When you have finished, we recommend printing your award package for your records. Step 2: If you accept your award, you will see a link on the left side of the screen that says "Update 1199A" in the Action column. Click this link. This fink will take you to the SF -1199A, Direct Deposit Sign-up Form. Please https:llesorvices.fema.govIFemaFireGrantlfiregrantljsp/fire adniin/awardslspec/view awar... 7/31/2017 Award Package Page 3 of 22 complete the SF -1199A on-line if you have not done so already. When you have finished, you must submit the form electronically. Then, using the Print 1199A Button, print a copy and take it to your bank to have the bottom portion completed. Make sure your application number is on the form. After your bank has filled out their portion of the form, you must fax a copy of the form to FEMA's SF -1'199 Processing Staff at 640-604- 2883. You should keep the original form in your grant files. After the faxed version of your SF 1199A has been reviewed you will receive an email Indicating the form is approved. Once approved you will be able to request payments online. If you have any questions or concerns regarding your 1199A, or the process to request your funds, please call (866) 274-0960. Sincerely, Bridget Bean Acting Assistant Administrator for Grant Programs https://eservices.fema.gov/FemaFireGxantlfiregrantljsp/fire_adminlawards/spec/view awar... 7/31/2017 Award Package Summary Award Memo SUMMARY OF ASSISTANCE ACTION STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE GRANTS Application INSTRUMENT. GRANT AGREEMENT NUMBER: EMW-2016-FH-00387 GRANTEE: Roanoke County Fire and Rescue DUNS NUMBER: AMOUNT: Project Description 062353610 $1,758,174.00, Hiring Wage 4 o1 22 The purpose of the Staffing for Adequate Fire and Emergency Response Program is to protect the health and safety of the public and firefighting personnel against fire and fire -related hazards. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application, and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the Staffing for Adequate Fire and Emergency Response Grant program's purpose and worthy of award. The projects approved for funding are indicated by the budget or negotiation comments below. The recipient shall perform the work described in the grant application for the recipient's approved project or projects as itemized in the request details section of the application and further described in the grant application narrative. The content of the approved portions of the application - along with any documents submitted with the recipient's application - are incorporated by reference into the terms of the recipient's award. The recipient may not change or make any material deviations from the approved scope of work outlined in the above referenced sections of the application without prior written approval, via amendment request, from FEMA. Period of Performance 24 -JAN -18 to 23 -JAN -21 Amount Awarded The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgeted estimates for object classes for this grant (including Federal share plus recipient match): Personnel: $1,339,536.00 Fringe Benefits $418,638.00 Travel $0.00 Equipment $0.00 Supplies $0.00 Contractual $0.00 Construction $0.00 Other $0.00 Indirect Charges $0.00 Total $1,758,174.00 https://esezvices.fema. govIFernaFireGrantlfiregrantlj splfire_adminlawards/speclview_awar... 7/31/2017 Award Package Page S of 22 NEGOTIATION COMMENTS IF APPLICABLE (max 8000 characters) Any questions pertaining to your award package, please contact your GPD Grants Management Specialist: Annette Robinson at annette.robinson2@fema.dhs.gov. FEMA Officials Program Officer: The Program Specialist is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application. If you have any programmatic questions regarding your grant, please call the AFG Help Desk at 866-274-0960 to be directed to a program specialist. Grants Assistance Officer: The Assistance Officer is the Federal official responsible for negotiating, administering, and executing all grant business matters. The Officer conducts the final business review of all grant awards and permits the obligation of federal funds. If you have any questions regarding your grant please call ASK-GMD at 866-827-5646 to be directed to a Grants Management Specialist. Grants Operations POC: The Grants Management Specialist shall be contacted to address all financial and administrative grant business matters for this grant award. if you have any questions regarding your grant please call ASK-GMD at 866-927-5646 to be directed to a specialist. ADDITIONAL. REQUIREMENTS (1F APPLICABLE) (max 8000 characters) National Environmental Policy Act All recipients must comply with the requirements of the National Environmental Policy Act (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Nondiscrimination in Matters Pertaining to Faith -Based Organizations It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. All recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith -based organizations in individual DHS programs. https://eservic,es.fema.govIFemaFireCTrautlfiregrantljsp/fire adminlawards/speclview_awar... 7/31/2017 Award Package Page 6 of 22 Agreement Articles U.S. Department of Homeland Security Washington, D.C. 24472 AGREEMENT ARTICLES STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) Grants GRANTEE: Roanoke County Fire and Rescue PROGRAM: Staffing for Adequate Fire and Emergency Response (SAFER) - Hiring AGREEMENT -NUMBER: EMW-2016-FH-00387 AMENDMENT NUMBER: TABLE OF CONTENTS Article I Assurances, Administrative Requirements and Cost Principles Article Il Acknowledgement of Federal Funding from DMS Article III Activities Conducted Abroad Article IV Age Discrimination Act of 1975 Article V Americans with Disabilities Act of 1990 Article VI Best Practices for Collection and Use of Personally Identifiable Information (PII) Article VII Title VI of the Civil Rights Act of 1964 Article VIII Civil Right Act of 1968 Article IX Copyright Article X Debarment and Suspension Article XI Drug -Free Workplace Regulations Article XII Duplication of Benefits Article XIII Energy Policy and Conservation Act Article XIV Reporting Subawards and Executive Compensation Article XV False Claims Act and Program Fraud Civil Remedies Article XVI Federal Debt Status Article XVII Fly America Act of 1974 Article XVIII Hotel and Motel Safety Act of 1990 Article XIX Limited English Proficiency (Civil Rights Act of 1964, Title VI) https://esezvices.fema.gov/FemaFireGrantlfiregrantijsp/fre_adminlawardslspec/view awar... 7/31/2017 Award ;Package Article XX Lobbying Prohibitions Article XXI Non -supplanting Requirement Article XXII Patents and Intellectual Property Rights Article XXIII Procurement of Recovered Materials Article XXIV Contract Provisions for Non-federal Entity Contracts Article XXXVII under Federal Awards Article XXV SAFECOM Article XXVI Terrorist Financing E.O. 93224 Article XXVII Title IX of the Education Amendments of 9972 (Equal Opportunity in Education Act) Article XXVII Trafficking Victims Protection Act of 2000 Article XXIX Rehabilitation Act of 1973 Article XXX USA Patriot Act of 2001 Article XXXI Use of DHS Seal, Logo and Flags Article XXXII Whistleblower Protection Act Article XXXIII DHS Specific Acknowledgements and Assurances Article XXXIV System of Award Management and Universal Identifier Requirements Article XXXV Animal Welfare Act of 9966 Article XXXVI Protection of Human Subjects Article XXXVII Incorporation by Reference of Notice of Funding Opportunity Article XXXVIII Acceptance of Post Award Changes Article XXXIX Prior Approval for Modification of Approved Budget Article XL Disposition of Equipment Acquired Under the Federal Award Article XLI Environmental Planning and Historic Preservation Screening Assurances, Administrative Requirements and Cost Princioles Recipients of DHS federal financial assistance must complete OMB Standard Form 424B Assurances - Non -Construction Programs. Certain assurances in this document may not be applicable to your program, and the awarding agency may require applicants to certify additional assurances. Please contact the program awarding office if you have any questions. The administrative requirements and cost principles that apply to DHS award recipients originate from: Page 7 of 22 2 C.F.R. Part 200, Uniform Administrative Requirement, Cost Principles, and Audit Requirements for Federal Awards, as adopted by DHS at 2 C.F.R. Part 3002. 11. Acknowledgement of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other https://eservices.fema.govtFemaFireGrantlfiregrantljsplfire_admin/awards/spec/view away... 7/31/2017 Award Package Page 8 of 22 documents describing projects_ or programs funded in whole or in part with Federal funds. III. Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. IV. A e Discrimination Act of 1975 All recipients must comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et sea.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. V. Americans with Disabilities Act of 9990 All recipients must comply with the requirements of Titles I, II, and Ill of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, .places of public accommodation, and certain testing entities 42 U.S.C. M 12101-12213). VI. Best Practices for Collection and Use of Personally Identifiable Information PII All recipients who collect Pll are required to have a publicaliy-available privacy policy that describes what PH they collect, how they use the PII, whether they share PI1 with third parties, and how individuals may have their PI corrected where appropriate. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privac Guidance and Privacy template respectively. VI I. Title VI of the Civil Rights Act of 196A All recipients must comply with the requirements of Title V1 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d etseq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C,F.R. Part 7. VIII. Civil Rights Act.of 1968 All recipients must comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on .the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. § 3601 et seg.), as implemented by the -Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units -Le., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) -be designed and constructed with certain accessible features (see 24 C.F.R. § 100.201). IX. Copyright https://eservices,fema.gov/FemaFireGrant/firegrant/jsp/fire admin/awards/spec/view awar... 7/31/2017 Award Package Page 9 of 22 All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards, unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). X. Debarment and Suspension All recipients must comply with Executive Orders 12549 and 12689, which provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. XI. Drug -Free Workplace Regulations All recipients must comply with the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 of sect.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. DHS has adopted the Act's implementing regulations at 2 C.F.R fart 3001. XII. Duplication of Benefits Any cost allocable to a particular Federal award provided for in 2 C.F.R. Fart 200. Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude the non -Federal entity from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal awards. XIII. Energy_ Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.0 .4 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issues in compliance with this Act. XIV. Reporting Subawards and Executive Compensation a., Reporting of first-tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e, of this award term). 2. Where and when to report. L You must report each obligating action described in paragraph a.1, of this award term to http.-Ilwww.fsrs.gov. https:lleservices.fema.gov/FemaFireGrantlfire&antljsplfire_adn,Wawardslspeclview awar... 7/31/2017 Award Package Page 10 of 22 ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at httpalwww.fsrs.gov specify. b. Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if - 1. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received - (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170,320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http:llwww. sec.go vlanswerslexecomp. htm.) 2. Where and when to report. You must report- executive total compensation described in paragraph b.1. of this award term: L As part of your registration profile at htt s.//www.sam. ov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this https://eservices.fema.gov/FemaFireGranYfiregrant/j sp/firms admin/awards/spec/view away... 7/31/2017 Award Package Page 11 of 22 award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if - 1. in the subrecipient's preceding fiscal year, the subrecipient received - (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports fled under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to thef compensation information, see the U.S. Security and Exchange Commission total compensation filings at hifpJ/www. sec. govlanswerslexecomp. hfm. ) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient. H. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (Le., between October 1 and 31), you must report any required compensation information of the subrecipient by November'30 of that year. d.. Exemptions If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i. Subawards, and fl. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term„ 1. Entity means all of the following, as defined in 2 CFR part 25: https-Heservices.fema.gov/FemaFireGrantlfiregrantljsp/fire_adminlawardslspeelview awar.,. 7/31/2017 L Award Package Page 12 of 22 i. A Governmental organization, which is a State, local government; or Indian tribe; ii. A foreign public entity; ill. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization, v. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward. i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. H. The term does not include your procurement of property and services needed to carry out the project or program_ (for further explanation, see Sec. —.210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations"). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. https:lleservices.fema.gov/PemaFireGrantlfiregrantljsplfireuadrnWawards/spec/'view awar... 7/31/2017 Award Package Page 13 of 22 iii. Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial. pension plans. v. Above -market earnings on deferred compensation which is not tax -qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $'10,000. XV. False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S.C. §3729 which set forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. § 3801-3812 which details the administrative remedies for false claims and statements made. XVI. Federal Debt Status All recipients are required to be, non -delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB CircularA-129 and form Si= -42413, item number 17 for additional information and guidance. XVI I. Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. � 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 9974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.. XVIII. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 9990, 15 U.S.C. V225a, all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Feddral Fire Prevention and Control Act of 9974, as amended, 15 U.S.C. §2225. XIX. ' Limited English Proficient Civil Ri hts Act of 9964 Title V! All recipients must comply with the Title V1 of the Civil Rights Act of 9964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP https://ese:rvices.Tema.gov/FemaFireGrantlfiregrandjsplfire—admin/awards/spec/view away... 7/31/2017 Award Package Page 14 of 22 may entail providing language assistance services, including oral interpretation and written translation. In order to facilitate compliance with Title VI, recipients are encouraged to consider the need for language services for LEP persons served or encountered in developing program budgets. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance htt s://www.dhs. ov/ uidance- ublished-hel -de artment-su orted-or anizations- rovide-meanie ful-access- eo le - limited and additional resources on hf6://www.lep.aov. XX. lobbying Prohibitions All recipients must comply with 31 U.S.C. 41352, which provides that none of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. XXI. Non -supplanting Requirement All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non -Federal sources. Where federal statues for a particular program prohibits supplanting, applicants or recipients may be required to demonstrate and document that a reduction in non -Federal resources occurred for reasons other than the receipt of expected receipt of Federal funds. XXII. Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, -and codified in 35 U.S.C.$ 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions'and patents resulting from financial assistance awards are in 37 C.F.R. Part 401 and the standard patent rights clause in 37 C.F.R. § 401.14. XXII I. Procurement of Recovered Materials All recipients must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the https:lleservices.fema.govIFemaFireGrantlfiregranttjsplfire_adminlawardslspeclview awar... 7/31/2017 Award Package Page 15 of 22 highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. XXIV. Contract Provisions for Non-federal Enfity Contracts under Federal Awards a.Contracts for more than the simplified ac uisition threshold set at $150,000. All recipients who have contracts exceeding the acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by Civilian Agency Acquisition Council and the Defense Acquisition Regulation Council as authorized by 41 U.S.C. §1998, must address administrative, contractual, or legal remedies in instance where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. b.Contracts in excess of $10,000. All recipients that have contracts exceeding $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be effected and the basis for settlement. XXV. SAFECOM All recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. XXVI. Terrorist Financing-E.O. 13224 All recipients must comply with U.S. Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal, responsibility of recipients to ensure compliance with the E.O.. and laws. XXVII. Title IX of the Education Amendments of 1972 E ual Opportunit..Vjn Education Act) All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seg.), which provides that no person in the United States. will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be https:lleser-vices.fema.govIFemaFireGrantlfiregrantljsplfire adminlawardslst)eelview- awar... 7/31/2017 Award package Page 16 of 22 subjected to discrimination under any educational program or activity receiving Federal financial assistance. Implementing regulations are codified at 6 C.F.R. Part 17 and 44 C_F.R. Part 19 XXVI11. Trafficklr g Victims Protection Act of 2000 All recipients must comply with the requirements of the government - wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. Full text of the award term is located at 2 CFR § 175.15. XXIX. Rehabilitation Act of 1973 All recipients of must comply with the requirements of Section 504 of the Rehabilitation Act of 9973, 29 U S.C. § 794, as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. XXX. USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. 175-175c. Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. XXXI. Use of DHS Seal, Logo and Flags All recipients must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seat, logo, crests or reproductions of flags or likenesses of Coast Guard officials. XXXII. Whistleblower Protection Act All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 $ 2409, 41 U.S.C. 4712, and 10 U.S.C. 4 2324, 41_U S.G. §4 4304 and 4310. XXXIII. DHS Specific Acknowledgements and Assurances All recipients must acknowledge and agree -and require.any sub - recipients, contractors, successors, transferees, and assignees https://eservices.fema.govIFemaFireGrantlfiregraiitljsplfire_admin/awards/spec/view awar... 7/31/2017 Award Package acknowledge and agree -to comply with applicable provisions governing DNS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint investigation.conducted by DHS. 2. Recipients must give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by -law or detailed in program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. XXXIV. System of Award Management and Universal Identifier Requirements A. Requirement for System of Award Management Unless exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the SAM until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. Page 17 of 22 https:lleservices.fema.gov/FemaFireGTant/firegrantijsplfire_admizilawards/speclview awar... 7/31/2017 Award Package B. Requirement for unique entity identifier If authorized to make subawards under this award, you: 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its unique entity identifier to you. 2. May not make a subaward to an entity unless the entity has provided its unique entity identifier to you. C. Definitions For purposes of this award term: 1. System of Award Management(SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently at http.1Avwwsam.govi. 2. Unique entity identifier means the identifier required for SAM registration to uniquely identify business entities. 3. Entity, as itis used in this award term, means all of the following, as is at 2 CFR part 25, subpart C: a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for-profit organization; and e. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 4. Subaward. a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.330). c. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. Page 18 of 22 https:l/eservices.fema.gov/FemaFixeGrant/firegrant/jsp/fire adHfVawards/spec/view away... 7/31/2017 Award Package 5. 5ubrecipient means an entity that: a. Receives a subaward from you under this award, and b. Is accountable to you for the use of the Federal funds provided by the subaward. XXXV. Animal Welfare Act of 9966 All recipients of financial assistance will comply with the requirements of the Animal Welfare Act, as amended (7 U.S.C. §2131 et seq.), which requires that minimum standards of care and treatment be provided for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public. Recipients must establish appropriate policies and procedures for the humane care and use of animals based on the Guide for the Care and Use of Laboratory Animals and comply with the Public Health Service Policy and Government Principles Regarding the Care and Use of Animals. XXXVI. Protection of Human Subjects All recipients of financial assistance will comply with the requirements of the Federal regulations at 45 CFR Part 46, which requires that recipients comply with applicable provisions/law for the protection of human subjects for purposes of research. Recipients must also comply with the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 CFR Part 46, research means a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitute research forpurposes of this policy, whether or not they are conducted or supported under a program that is considered research for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B), prisoners (Subpart C), and children (Subpart D)_ The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 CFR Part 46. XXXVII. Incorporation by Reference of Notice of Funding Opportunity The Notice of Funding Opportunity for this program is hereby incorporated into your award agreement by reference. By accepting this award, the recipient agrees that all allocations and use of funds under this grant will be in accordance with the requirements contained in the Notice of Funding Opportunity. XXXVI 11. Acceptance of Post Award Changes In the event FEMA 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, recipients will be notified of the changes in writing. Once notification- has been made, any subsequent request for funds will indicate recipient acceptance of Page 19 of 22 https:lleservices.fema-govIFemdFireGranllfiregrantljsp/fire adrainlawardslspee/view awar... 7/31/2017 Award Package Page 20 of 22 the changes to the award. If you have questions about these procedures, please contact the AFG Help Desk at 1-866-274-0960, or send an email to fire rants dhs. ov. XXXIX. Prior Approval for Modification of Approved Bud et Before making any change to the DHS/FEMA approved budget for this award, you must request prior.written approval from DHS/FEMA where required by 2 C.F.R. § 200.308. For awards with an approved budget greater than $150,000, you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget DHS/FEMA last approved. You must report any deviations from your DHS/FEMA approved budget in the first Federal Financial Report (SF -425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. XL. Disposition of E ui ment Acquired Under the Federal Award When original or replacement equipment acquired under this award - by the recipient or its sub -recipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. § 200.313. XLI. Environmental Planning and Historic Preservation Screening SAFER -funded activities that involve the installation of equipment (such as permanently mounted LED/electronic signs) not specifically excluded from a FEMA Environmental and Historic Preservation (EHP) Review per the Grant Programs Directorate (GPD) Programmatic Environmental Assessment (PEA); ground -disturbing activities; or modification/renovation of existing buildings or structures must undergo a FEMA EHP Review. FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by FEMA grant.funds, through its EHP Review process, as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and, any other applicable laws and Executive Orders. To access the FEMNs Environmental and Historic Preservation (EHP) screening form and instructions go to our Department of Homeland Security/Federal Emergency Management Agency - website at: hftps://www.fema.-govliibrary/viewRecord-do?id=6906 In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. Failure to provide requisite information could result in delays in the release of grant funds. https:lloservices.Tema.gov/FemaFireGrantlfiregrant/jsplfire_adtninlawards/spec/view awar... 7/31/2017 Award Package Page 22 Of 22 FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARDIAMENDMENT 1. AGREEMENT NO. 2. AMENDMENT 3. RECIPIENT NO, 4. TYPE OF 5. CONTROL NO. EMW-2016-FH-00387 NO. 54-6001572 ACTION Wx02696N2017T 0 AWARD 6. RECIPIENT NAME AND 7. ISSUING OFFICE AND ADDRESS B. PAYMENT OFFICE AND ADDRESS ADDRESS Grant Programs Directorate FEMA, Financial Services Branch Roanoke County Fire and 500 C Street, S.W. 500 C Street, S.W., Room 723 Rescue Washington DC, 20472 Washington DC, 20472 5925 Cove Road POC: Andrea Gordon 202-786-9462 Roanoke Virginia, 24019-2403 9. NAME OF RECIPIENT PHONE NO. 10, NAME OF PROJECT COORDINATOR PHONE NO. PROJECT OFFICER 5407778730 Catherine Patterson 1-866-274-0960 Wina Green 11. EFFECTIVE. DATE OF 12. METHOD 13. ASSISTANCE ARRANGEMENT 14. PERFORMANCE PERIOD THIS ACTION OF PAYMENT Cost Sharing From:24-JAN-18 To:23-JAN-21 24 -JAN -18 SF -270 Budget Perlod From:02-MAY-17 To:30-SEP-17' 15. DESCRIPTION OF ACTION a. (Indicate funding data For awards or financial changes) PROGRAM CFDA NO, ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMULATIVE NAME (ACCS CODE) TOTAL' AWARDED THIS TOTAL ACRONYM xxxx-XXX-XxxxxX- AWARD ACTION AWARD NON- XXxxx-xXxx-xXxx-x + OR (-) FEDERAL COMMITMENT SAFER 97.083 2017 -F6 -C211 -P4310000- $0,00 $1,084,206,00 $1,084,206.00 $673,968.00 4101-D TOTALS $0.00 $1,084,206,00 $1,084,206.00 $673,968.00 b. To describe changes other than funding data or financial changes, attach schedule and check here. NIA 16a, FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) SAFER recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference In program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE NIA NIA 18, FEMA SIGNATORY OFFICIAL (Name and Title) DATE Marie Rosalie Isabel Vega 20 -JUN -17 https;lleservices,Tema.gov/FemaFireGranilfiregrant/jsp/fire admin/awards/spec/view awar... 7/31/2017 Thomas C. Gates Roanoke Countv Administrator County ` Mem© To: Roanoke County Board of Supervisors From: Thomas C. Gates, County Administra or Date: August 23, 2017 Subject: Staffing for Adequate Fire and Emergency Response (SAFER) Grant for the County of Roanoke Department of Fire and Rescue At the September 12, 2017 Board of Supervisors meeting, County staff will request the Board's approval of an ordinance to appropriate federal grant funding awarded to the County's Fire and Rescue Department in the form of a Staffing for Adequate Fire and Emergency Response (SAFER) grant awarded by the Department of Homeland Security. The grant award will provide financial assistance over three years for eleven new positions in the Fire and Rescue Department. SAFER Grant Background In February 2017, Fire and Rescue staff submitted an application to the Department of Homeland Security to be considered for a SAFER grant. The grant application requested grant support for eleven firefighter positions. The parameters of the grant would provide substantial funding over three years to support the new positions. The timeline for grant award notification was summer 2017, after Board of Supervisors approval of the fiscal year 2017-2018 Operating Budget. As part of the approved fiscal year 2017-2018 Operating Budget, the Board of Supervisors approved net new funding in the amount of $180,449 for four new firefighter positions, making incremental progress towards meeting minimum Fire and Rescue Department staffing levels. During the budget development process, staff informed the Board of Supervisors of the grant application process. If the grant were to be awarded, the approved new County funding (along with overtime savings) combined with the grant award would be sufficient to support the hiring of eleven firefighters during fiscal year 2017-2018, allowing the Fire and Rescue Department to achieve current minimum staffing levels. On July 28, 2017, the Fire and Rescue Department was notified that they had been selected as a recipient of a three-year SAFER grant to provide financial support for the hiring of eleven new firefighter positions. SAFER Grant funds can only be utilized to hire additional staff, not offset costs associated with existing staff. The eleven new positions will bring the Fire and Rescue Departments to current minimum staffing levels as detailed to the Board of Supervisors in the fiscal year 2017-2018 budget development process. Multi -Year Fiscal Impact of New Positions Attachment A provides details on the multi-year fiscal impact of the grant. The maximum total grant award over three years (beginning with the hiring of new staff in November 2017) is $1,084,206. The multi-year fiscal analysis shows the impact of hiring eleven firefighter/EMT positions including all salary and benefits, scheduled overtime, and additional non -personnel operating costs. Additionally, the Fire and Rescue Department expects to realize overtime savings by achieving current minimum staffing levels, which is also factored into the calculations. Including the $180,449 already approved for new positions in the fiscal year 2017-2018 Operating Budget, along with the combination of grant proceeds and overtime savings, it is projected that the County can add these new positions without additional County proceeds until fiscal year 2020-2021 as detailed on Attachment A. After three years, the County is not obligated to keep the new positions, though elimination of the positions would impact maintaining current minimum staffing levels. Projections provided on Attachment A are related to the new positions only and do not account for potential increased service delivery demands and volunteer staffing level decreases that could impact the budget in future fiscal years. Next Steps At the September 12, 2017 Board of Supervisors meeting, staff will present to the Board of Supervisors an ordinance to appropriate the $1,084,206 in SAFER grant funding and add seven additional positions to the County's Classification and Pay Plan. These seven positions along with the four new Fire and Rescue positions included in the fiscal year 2017-2018 budget (but not yet filled) will account for the eleven new positions supported by the SAFER grant. As always, I am pleased to answer any questions. Attachment A: SAFER Grant Projected Five -Year Fiscal Impact cc: Dan O'Donnell, Assistant County Administrator Richard Caywood, Assistant County Administrator Rebecca Owens, Director of Finance Steve Simon, Chief of Fire and Rescue Chris Bever, Director, Office of Management and Budget m n r. m O n N m i i m N O P% N N m .-1 rn 19t; o O N M m N rl d N P~ N O N t/} In -Vl- An qn 'L? m m m O o r•1 rl m r-+ Ln M o W IN o N Lrof M M 4"fl N cl' O d' 401 p d N to O N LL V} in V} V} -In V)L m et O m O q* O m �i m rr O In N O M 4T r` N N � r: [.D ri N M e•1 N —q 00 't Ln cn C1 -I lD ei N In lf� In N Ln rl O O 00 M r� N r•1 O O O O oc ri M r• r-! -1 N Q ;T -q N M N 00 W O N LLL V} in V). Vi Vt• VIL In O, M O o 471 .-! 4.D o0 rn O O 00 p 00 d' cl 00 Ln rr N cr o0 r- o0 00 til N O N M Ln 0 z 41 1A V] V} VF l!i Vt iH w -1.9')- vii i/1• i/ cj 15 O Q1 6) C t f) c; a* Ln fm V w 006 R M M s-1 T-1 1_a! fr) I^. 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O N v Q d a) ro 4- 0 O es tw O In u V7 V v O m C D V) E C CO Q) � v C "O W N N 3 O 0 N In — 3 v, (U Q) -P OV O -p C u r1 Na) c -I m L 3 w m N U- o, aj 3 a) c- Ln E N -0 E C9 T `a _ C T CAO v t0 Q7 C C O Q O N L= Ii O O LL00 n 0 GO O D 1 M `�° c E u, '� z 4- o v OL a 3 a v > a +, C j LA u M M �o -p o �� 'O E ML ro U co v J 3 .c 0 O N f0 E .X w E n C O NCLrl O f6 �' > >— _o +� L r I �.{ NE O E O 'vs r4 m ri 0 oN m in o °a o o >- C mr! >- t, +' u LL O a 41 r-! 4 4 so O. 0 U , N N C U U o bA v VI L O N t••1 L Qi o_ U,''LR� + 1 O O Q 41 o rn is t v co O In ; N v V,z 41 O 4-1 L 7 a C O O b m W L O > LL L -- VI mE to tri c Q O N wv a > C M V} 'f7 C U Z3 C O C\ O m til " O m }J L v LPI Z L E ro E c 4n tia > r` 4 , v ra C p o a m v In > e +a E �`", o L m v ++ O C C > L a-+ Q > ++ I? aDw .0v L L (D > 0 0 -C Q � v 4 C7 o L? -0 � w AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 2017 ORDINANCE ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $1,084,206 FROM THE DEPARTMENT OF HOMELAND SECURITY (DHS) STAFFING FOR ADEQUATE FIRE AND EMERGENCY REPSONSE (SAFER) GRANT WHEREAS, the County of Roanoke Fire and Rescue Department applied for a Department of Homeland Security (DHS) Staffing for Adequate Fire and Emergency Response (SAFER) program grant in February 2017; and WHEREAS, on July 28, 2017, the County's Fire and Rescue Department received notification that is was selected as a recipient of a SAFER grant; and and WHEREAS, the SAFER grant award totals $1,084,206 over a period of three years; WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance before they are expended; and WHEREAS, first reading of this ordinance was held on September 12, 2017, and the second reading was held on September 26, 2017. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows.. That the sum of $1,084,206 is hereby appropriated from grant proceeds from the Department of Homeland Security (DHS) Staffing for Adequate Fire and Emergency Response (SAFER) program. 2. A total of seven (7) new firefighter positions will be added to the County of Roanoke Classification and Pay Plan. 3. That this ordinance shall take effect from and after the date of adoption. Page 1 of 1 ACTION NO. ITEM NO. H.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: All open appointments BACKGROUND: September 26, 2017 Appointments to Committees, Commissions and Boards Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator 1. Budget and Fiscal Affairs Committee (BFAC) (appointed by District and At - Large) The following District appointments remain open: Hollins Magisterial District Cave Spring Magisterial District Vinton Magisterial District 2. Economic Development Authority (EDA) (appointed by District) Billy H. Branch, representing the Cave Spring Magisterial District has resigned. His four-year unexpired term ends September 26, 2017 The following four-year term expired on September 26, 2015: a) Greg Apostolou, representing the Hollins Magisterial District is eligible for reappointment Page 1 of 2 3. Library Board (appointed by District) The following four-year term expired on December 31, 2016 a) Heather Lawrence, representing the Vinton Magisterial District 4. Social Services Advisory Board (appointed by District) The following four-year term expired on July 31, 2017. a) Mike Bailey, representing the Hollins Magisterial District FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: There is no staff recommendation associated with this agenda item. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 2017 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for September 26, 2017, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 8 inclusive, as follows: 1. Approval of minutes — July 27, 2017 2. Request to accept and allocate grant funds in the amount of $142,868 from the Virginia Department of Criminal Justice Services Virginia Victim Witness Fund 3. Request to accept and allocate grant funds in the amount of $238,653 from the Virginia Department of Motor Vehicles for the Selective Enforcement Grant for the Sober on All Roads (SOAR) Task Force 4. Request to accept and allocate grant funds from the Division of Motor Vehicle for the Selective Enforcement Grants in the amount of $149,625 5. Request to accept and allocate funds in the amount of $13,524.50 from the Commonwealth of Virginia for the Library of Virginia's Records Preservation Program 6. Request to accept and allocate grant funds in the amount of $5,217.70 from the U. S. Department of Justice's Bulletproof Vest Partnership 7. Resolution requesting the Roanoke Valley Transportation Planning Organization to fund a list of projects for the Fiscal Year 2019-2024 Regional Surface Transportation Program 8. Confirmation of appointment to the Budget and Fiscal Affairs Committee (BFAC) (At -Large) Page 1 of 1 ACTION NO. ITEM NO. 1.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: September 26, 2017 Request to accept and allocate grant funds in the amount of $142,868 from the Virginia Department of Criminal Justice Services Virginia Victim Witness Fund SUBMITTED BY: Rebecca Owens Director of Finance APPROVED BY: Thomas C. Gates County Administrator ISSUE: Acceptance and allocation of $142,868 for the Victim Witness Program from the Virginia Department of Criminal Justice Services BACKGROUND: In 1984, the General Assembly created the victim/witness grant program and designated the Department of Criminal Justice as the administering agency. The grant funds provide financial support to local victim/witness programs designed to provide direct services, information, and assistance required by Virginia's Crime Victim and Witness Rights Act. DISCUSSION: This grant awarded to the Commonwealth Attorney's Office will be utilized to provide a Victim Witness Program for Roanoke County. FISCAL IMPACT: Awarded grant federal funds for the Victim Witness Program total $142,868. There is no County match required with the acceptance of this grant. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends the acceptance and allocation of grant funds to the Commonwealth Attorney's Office Victim Witness Program in the amount of $142,868. Page 2 of 2 Grant Application Department of Criminal Justice Services, 1100 Bank Street, Richmond, Virginia 23219 ATTACHMENT 1 Grant Program: VW ❑ SAGp ❑ DV ❑ Child Abuse ❑ New Initiative District(s) 6th &9th districts #'s 2 Applicant: Roanoke County Faith Based ❑ Yes 0 No Orn: Fed ID # 54-6001572 Best Practice ❑ Yes , No Jurisdiction(s) Served: County of Roanoke/Town of Vinton Program Title/Sponsor: Roanoke County Victim/Witness Program - Commonwealth's Attorneys Office - Edwin R. Leach CCPC 0 Yes ❑ No Grant Period: ❑ 7/1/16 -6/30/17 ❑A 7/1/17 - 6/30 ❑ 7/1/18 - 6/30/19 ❑ 7/1/19 - 6/30,20 18 DUNS 06-235-3610 Number IType of Application: F-] New ❑ Rural ❑� Continuation of Grant # 16-V8561 VG15 ❑� Urban ❑ Revision of Grant # ❑ Suburban Project•r Project Administrator Finance Officer Name: nne A. Jones Thomas Gates Rebecca Owens Title: V/W Director County Administrator Director of Finance Address: Roanoke County Courthouse Roanoke County Administration Roanoke County Administration 305 E. Main Street Room 202 5204 Bernard Drive 5204 Bernard Drive Salem, Virginia 24153 Roanoke, Virginia 24018-0798 Roanoke, Virginia 24018-0798 Phone: 540-387-6181 540-772-2004 540-283-8125 Fax: 540-387-6065 540-561-2884 540-772-2186 E-mail: 1 ajones@roanokecountyva.gov t ates roanokecoun a. ov 1 rowens@roanokecountyva.gov Signature of Project Administrator: Brief Project Description: The Roanoke County Victim/Witness Program provides comprehensive information and direct services to crime victims and witnesses in accordance with the Crime Victim and Witness Rights Act and other applicable victims' rights laws. During July 1, 2017 through June 30, 2018 (FY 2018), it is estimated that 825 victims and 10 witnesses will receive direct services through this program. We anticipate 12 volunteer hours to be provided in FY 2018. Section A. Project • Total Federal 75%. State 25% Personnel $102,818.30 $34,272.77 $137,091.07 Consultants 225.00 75.00 $300.00 Travel/Subsistence $3,268.40 $1,089.47 $4,357.86 Equipment $839.30 $279.77 $1,119.07 Indirect Costs $0.00 $0.00 $0.00 Supplies/Other Operating Expenses $0.00 $0.00 $0.00 Totals: $107,151.00 $35,717.00 $142,868.00 Grand ota :$142,86-91 ACTION NO. ITEM NO. 1.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: September 26, 2017 Request to accept and allocate grant funds in the amount of $238,653 from the Virginia Department of Motor Vehicles for the Selective Enforcement Grant for the Sober on All Roads (SOAR) Task Force Howard B. Hall Chief of Police APPROVED BY: Thomas C. Gates County Administrator ISSUE: Acceptance and allocation of $238,653 for the Selective Enforcement Grant from the Virginia Department of Motor Vehicles. BACKGROUND: The Virginia Department of Motor Vehicles (DMV) administers funding from the United States Department of Transportation National Highway Traffic Safety Administration for various initiatives around the Commonwealth for highway safety. They use Driving Under the Influence (DUI) task forces to reduce the incidence of impaired driving has been commonplace in the State. Typically DUI task forces have been funded for limited periods of time with funding provided by the Virginia Highway Safety Office. These task forces have been effective in reducing the most severe consequences of impaired driving. During the period of 2011 through 2013 there were 732 alcohol-related crashes in the participating jurisdictions of the County of Roanoke, City of Roanoke, City of Salem and Town of Vinton with 251 resulting in injuries. The members of the Task Force are responsible for enforcement in all three jurisdictions based upon an analysis of impaired driving crashes. The DUI Task Force Program started in 2016, and while the grant is awarded on an annual basis, it is expected that the DMV will fund the grant Page 1 of 2 for five years, or through 2020. DISCUSSION: The Roanoke County Police Department was awarded a grant from the National Highway Traffic Safety Administration through the Virginia DMV to continue the Sober on All Roads (SOAR) DUI Task Force with the responsibility to identify and arrest impaired drivers across the region. The grant is awarded on an annual basis; however, the Virginia DMV has indicated that funding is available to renew the grant for at least five (5) years. This is the second year of receiving this grant. Jurisdictions participating in SOAR include the County of Roanoke, City of Roanoke, City of Salem and the Town of Vinton. FISCAL IMPACT: Awarded grant funds total $238,653, which includes a required local match of 20% or $47,731. Roanoke County's portion of the grant match requirement will be met by providing fuel and vehicle maintenance necessary for its Task Force positions included in the fiscal year 2017-2018 Police Department budget. Acceptance of this grant will not require an additional appropriation of County funds. STAFF RECOMMENDATION: Staff recommends the acceptance and allocation of grant funds to the Police Department in the amount of $238,653 from the Virginia Department of Motor Vehicles. Page 2 of 2 GRANT PROCESSING REQUEST FORM Department of Finance DATE 08/2312017 DEPARTMENT: Police GRANT PROGRAM: Selective Enforcement - Alcohol (ROANOKE VALLEY DUI TASK FORCE) GRANTING AGENCY: AGENCY CONTACT: AGENCY PHONE NO: Department of Motor Vehicles Steve Williams 540-632-3042 EXAMPLE OF NUMBER IF FEDERAL GRANT... CFDA # 20.607 Dept: Department of Education --- (Agency No.) 84.XXX (Grant Program No.)-- PROGRAM TITLE: Selective Enforcement - Alcohol (ROANOKE VALLEY DUI TASK FORCE) FUNDING REQUEST: -- FEDERAL STATE ---- LOCAL MATCH OTHER ----F f0-TALREQUEST 190,922 47,731 2381653 --- IF LOCAL MATCH IS REQUIRED, ARE FUNDS AVAILABLE IN DEPARTMENT BUDGET? Y/N Yes ACCOUNT TO WHICH THE MATCH WILL BE CODED: In -Kind -Fuel and Vehicle Maintenance INDIRECT COSTS? Y/N No AMOUNT REIMBURSEMENT GRANT? Y/N Yes FINANCIAL & PROGRESS REPORTS PREPARED BY. EST FOR FUNDS SUBMITTED BY: X Department Finance X Department Finance PROJECT DIRECTdR----- Spencer D. Lewis PHONE: FAX: EMAIL - 540 -524-8588 siewis@roanokecountyva.gov DEPT. DIRECTOR OR THEIR DESIGNEE --§dN--ATUURE-.- DATE: APPROVING SUBMISSON: REVIEWED & APPROVED BY FINANCE: SIGNATURE: DATE. REVIEWED & APPROVED BY COUNTY SIGNATURE: DATE: ADMINISTRATION: JAIRL www.dmvNOW.com Virginia Department of Motor Vehicles HIGHWAY SAFETY GRANT AGREEMENT Post Office Box 27412 Richmond, Virginia 23269-0001 Purpose: Virginia's Highway Safety Program Subrecipients use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement. Instructions: Subrecipients must read the contract, complete all applicable information on the first and last page, initial the subsequent pages, and return all pages to the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter "Department"), 2300 West Broad Street. Richmond. Virginia 23220and tha fnllnwinn- Subrecipient: Roanoke County Federal Award Identification Number (FAIN): 18X9205464VA18 Project Title: Selective Enforcement - Alcohol Project Number: 154AL-2018-58095-8095 CFDA#: 20.607 Grant Award Amount: $190,922 CFDA Name: Alcohol Open Container Requirements Feder,,ai Rinds C>"rigatc:d: $19;,922 Total edet F.l.antlt, #Obli gated: $190,922 Period of Performance: Sounce of funds obligated to this award: From October 1, 2017, or the date the Highway Safety Grant U.S. Department of Transportation Agreement is signed by the Director, Virginia Highway Safety Office National Highway Traffic Safety Administration (NHTSA) (whichever is later) through September 30, 2018. Allow 21 days for the Department to complete its review and signature. FINAL Date of Award Letter from NHTSA: September 30, 2017 VOUCHER IS DUE ON OR BEFORE NOVEMBER 5, 2018. In performing its responsibilities under this Highway Safety Grant Agreement, the Subrecipient certifies and assures that it will fully comply with the following: . Applicable Department regulations and policies and State and Federal laws, regulations, and policies • Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant Agreement • General Terms and Conditions, also included with this Highway Safety Grant Agreement Subrecipient's signature below indicates that the Subrecipient has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter "Grant Agreement"), consisting of this certification, the attached Statement of Work and Special Conditions, the attached General Terms and Conditions, the attached Project Budget, the Subrecipient's proposal and the letter awarding the grant to the Subrecipient constitutes the entire agreement between the Department and the Subrecipient, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over another: (1) applicable Department regulations and policies, except where superseded by Federal laws, regulations, or policies; (2) applicable State laws, regulations, and policies, except where superseded by Federal laws, regulations, or policies; (3) applicable Federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terms and Conditions; (6) Project Budget; (7) Subrecipient's proposal; and (8) grant award letter. Subrecipient certifies that this grant does not include research and development. SIGNATURES OF AUTHORIZED APPROVING OFFICIALS For Subrecipient: Ja Name and Title of Project Director (print) Signature Da e Subrecipient's DUNS Number 3 d Q Does your locality/legal entity expend $750,000 or more annually in total federal funds? (check one) Yes No Name and Title of Authorized Approving Official (print) Signature Date For Virginia Department of Motor Vehicles: John Saunders Director, Virginia Highway Safety Office (print) Signature Date "Oa Q d 0 0 Q O P O O C I -. C O O C) O CG O O r h U = U. M le Cl) ti C) O N '. tf8 � O O O O O C? O O 0 r 7® I O O O V 00 O O O N 3isLL E O M G - O � t7i < O LO d' CO O W Cl) c �y 0) — +-� O O O O C) O O O O O O O O O O O O O O O F— C.i O O O ti' O to W r- O O O N M M tt} O O M O O M ' Lo 'T CO r O a) MM et m N 0 0 0 0 0 0 0 '> L o rn o co ti 0 C O "z M ( N � N: L N L iL Q O � w w E w O N m E CU r CL i c6 � � O ' U_ O U a) U S t U C O O O N -a CO o U cu U � a) O C _ C6 C _ U — ® _ a) m �° E c () u°_) •� ® cll N a) L C3 C U (u f1 N oU p C O - a) - j� L cz i o Q -0 N O Q L ® 0 0 Q a) a L 0 �_ O U C? U O -C mob,e LO E V 4) Ca��)� N .]. O ; o > c tf O .O _ coC a9 Q c6 O ua) a CO > p U D C) — U C LL J O d 86 C O i C O C O i C O i C O � O 9 .0 Q a) g U (J a9 a) a) a) a) TSS 012A -AL (07/01/2017) Page 3 STATEMENT OF WORK AND SPECIAL CONDITIONS Sub -recipient: 'S PC -^+G62 1) , I.L6.2i S Project Number: IS �/A L ® 20' k -S Yo IS 80 S S 1. Goals and Specific Program Elements. The goals and specific program elements of the sub -recipient's proposal are incorporated as the first item in this Statement of Work and Special Conditions. STATEWIDE GOAL: Decrease alcohol impaired driving fatalities 7 percent from the 2015 calendar base year of 208 to 194 by December 31, 2019. AGEOICT O. ALCOHOL & • • • S I pi 20 TASK ID: 1 TASK DESCRIPTION: DUI Task Force Staff PERFORMANCE GOALS: • Staff a multi -jurisdictional DUI Task Force to include: ■ 1full-time Officer (Supervisor) to supervise DUI Squad by scheduling, reviewing reports, planning operations and assuring goals are met. ■ 1 full-time Police Officer for DUI Squad assigned solely to patrol for DUI violations and other alcohol-related traffic violations (from Roanoke County, Roanoke City and Salem City). ESTIMATED COMPLETION DATE: 9/30/2018 TASK ID: 2 TASK DESCRIPTION: DUI Task Force Equipment PERFORMANCE GOALS: • Fully equip and support staff of the DUI Task Force: ■ To maintain police vehicles for use by DUI Task Force members ■ To maintain equipment for 1 Supervisor and 1 Police Officer as members of the DUI Task Force ESTIMATED COMPLETION DATE: 9/30/2018 Project Director S% L 7/23/17 Initial I Dat TSS 012A -AL (07/01/2017) Page 3A TASK ID: 3 TASK DESCRIPTION: Selective Enforcement Activities PERFORMANCE GOALS: • To deploy the DUI Task Force staff across the Roanoke Valley jurisdiction based upon alcohol- related crash data, enforcement data, as well as during special events known for increasing the chance of impaired drivers. • To conduct individual patrols during high crash risk times and in high risk locations ■ To conduct checkpoints to increase visibility of enforcement and apprehend alcohol - impaired drivers • BASED ON ALCOHOL-RELATED CRASH DATA (using crash data from VAHSO or other approved local crash information): percent of alcohol selective enforcement activities are to be conducted between the hours of )X06- a 30® with special emphasis on the following days of the week: 5ufJ)AY -rI4d,0 KA -Tug AV . The remaining Z S percent of selective enforcement hours may be scheduled during other DMV approved identified high -crash time periods. • Enforcement is to be conducted using data -identified problem locations. • Zero tolerance (no warnings) for violators during grant -funded work time. ESTIMATED COMPLETION DATE: 9/30/2018 TASK ID: 4 TASK DESCRIPTION: Submit a completed required progress report each quarter to DMV Grant Monitor by specific assigned dates. PERFORMANCE INDICATORS: To submit quarterly progress report documenting activity ESTIMATED COMPLETION DATE: Assigned date for each quarter TASK ID: 5 TASK DESCRIPTION: DMV grant -related trainings PERFORMANCE INDICATORS: To attend all mandatory DMV grant -related trainings. ESTIMATED COMPLETION DATE: 9/30/2018 2. State any special programmatic requirements here; e.g., Click It or Ticket Mobilizations must be conducted during a specified time period during the grant year. a. To conduct a minimum of L[_ checkpoints and/or AoV individual patrols for (during) the Click It or Ticket Mobilization period in May 2018. b. To conduct a minimum of 10 checkpoints and/or Zb individual patrols for the mandatory Checkpoint Strike Force Campaign. Project Director S � L 02 / 7 Initial I D to TSS 0128 (07/01/2017) Page 4 Purpose and Background. The Department is awarding this grant to support the implementation of highway safety projects by State, local, non-profit, and higher education partnerships. Funds are made available for projects that: (1) support statewide goals; (2) identify problems experienced by High Emphasis Communities, which are jurisdictions with the highest crash severity problem; (3) creatively incorporate alcohol awareness and occupant protection safety; (4) are innovative with potential statewide application or ability to transfer to other jurisdictions; and (5) have statewide significance and address the Federal program areas under Section 1906, Public Law 109-59 (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users - SAFETEA-LU), as amended by Section 4011, Public Law 114-94 (Fix America's Surface Transportation (FAST) Act). 2. Paid Media. Grants consisting of $100,000 or more in paid media funds will be required to perform pre- and post -surveys during the Grant Period. The level of assessment is based on the cost of a paid advertising campaign as follows: a. Level 1, for a paid advertising campaign of up to $100,000: At a minimum, an assessment must measure and document audience exposure to paid advertised messages and the number of airings or print ads devoted to each announcement. The size of the audience needs to be estimated using a source appropriate for the medium used, such as Arbitron or Nielsen ratings for radio and TV. More specifically, all paid advertising for which the State or Sub -recipient used 154, 402 and 405 funds must include documentation stating how many paid airings or print ads occurred and the size of the audience reached. Include the number of free airings or print ads that occurred and the size of the audience reached. b. Level 2, for a paid advertising campaign greater than $100,000: In addition to providing the above Level 1 documentation, a more extensive assessment is required to measure target audience reaction. One or more of the activities in the following list may be used to assess how the target audience's knowledge, attitude, or actions were affected by the message(s): ➢ Mail surveys; ➢ Telephone surveys; ➢ Focus groups; ➢ Mall intercept interviews; Direct mailings; ➢ Call-in centers; ➢ Newspaper polls; ➢ Household interviews; Before and after approach, which compares system status before and after the introduction of the message; and Control region approach, which relates one study site exposed to the message to a similar site that is not exposed to the message. 3. Equipment. Costs for equipment are allowable under specified conditions. Costs for new and replacement equipment with a useful life of more than one year and an acquisition cost of $5,000 or more must be pre -approved before a Sub -recipient purchases the equipment. Such approval shall be obtained by the Department from the National Highway Traffic Safety Administration (NHTSA) regional manager in writing, and Sub -recipient will be notified by the Department when this approval has been secured. Federal government requirements mandate that the Department maintain an accurate accounting and inventory of all equipment purchased using Federal funds, and Sub -recipient shall comply with applicable reporting requirements that may be specified in the Highway Safety Policy and Procedures Manual and amendments thereto. Sub -recipient must request advance, written approval from the Department to sell, transfer or dispose of any and all non -expendable equipment purchased in whole or in part with the use of Federal Project Director's Initials 51 L_ TSS 0126 (07/01/2017) Page 5 highway safety funds. Disposition of funds from the sale of equipment to another entity must be agreed upon by the Department and the Sub -recipient and approved by NHTSA and the Department. In the event of a conflict between this section, 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) and 2 CFR Part 1201 (Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards -- referred to as the "Supercircular"), the provisions of the applicable CFR control, except where inconsistent with statute. 4. Reports and Deliverables. Quarterly Progress and Monitor Reports shall be provided to the Department by the dates indicated: January 31, April 30, July 31, and November 5. Each Progress and Monitor Report shall address the Sub -recipient's progress in fulfilling items listed in the Statement of Work and Special Conditions, including funded elements of the Sub -recipient's proposal. These reports should include the findings from the evaluation component of the proposal and should indicate the criteria and methods by which the progress of the initiative has been evaluated. The format for Progress and Monitor Reports will be provided to the Sub -recipient, but, at a minimum, will require an assessment of the program's plan with actual accomplishments during the past quarter, partnership involvement and satisfaction, expected follow-up, changes/problems with the plan and how they will be addressed, a financial summary of expenditures for the reporting period and planned accomplishments during the next quarter. The final Progress and Monitor Report shall include a comprehensive, detailed report of all grant activities conducted during the full grant performance period, including a final summary of expenditures. Monitoring. The Department shall, throughout the Grant Period under this Grant Agreement and any extension of the program which is the subject of the Grant Agreement, monitor and evaluate the events, activities and tasks performed in connection with the program to include financial feasibility and progress of the grant and the Sub -recipient's continuing fiscal responsibility and compliance with applicable requirements and the terms and conditions of this Grant Agreement. Such monitoring and evaluation shall not in any manner relieve or waive any obligations of Sub -recipient under this Grant Agreement or pursuant to applicable State and Federal law, regulations or rules. Any representation to the contrary by the Sub -recipient to any third party is strictly prohibited and may be grounds for the termination of this Grant Agreement by the Department. 5. Audit. Sub -recipients expending $750,000 or more in Federal awards (single or multiple awards) in a year are required to obtain an annual audit in accordance with the Single Audit Act (Public Law 98-502) and subsequent amendments (refer to 2 CFR Part 200 and 2 CFR Part 1201), and the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financial Statement Audit. The audit report must be submitted to DMV by March 15. Sub -recipients are encouraged to submit their audit report to the Federal Audit Clearinghouse (FAC) at http://harvester.census.gov/sac/. Failure to meet the single audit requirements could result in your entity having to repay grant monies and/or losing access to future Federal funding. The State auditor may conduct an audit or investigation of any entity receiving funds from the Department, either directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. Acceptance of funds directly or indirectly under the Grant Agreement constitutes acceptance of the authority of the State auditor to conduct an audit or investigation in connection with those funds. In the event an audit reveals unallowable expenditures, the Sub -recipient will be responsible for repayment to the Department of such unallowable expenditures. 6. Closeout. Sub -recipients are required to submit final requests for reimbursements and final Progress Reports according to the schedule identified in this Grant Agreement. Requests for reimbursements submitted after November 5 will be denied. Project Director's Initials t TSS 012B (07/01/2017) Page 6 The Sub -recipient shall comply with all Federal, State, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of the Grant Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Sub -recipient shall furnish the Department with satisfactory proof of its compliance therewith. The Sub -recipient hereby assures and certifies that it will comply with all applicable laws, regulations, policies, guidelines, and requirements, including 23 U.S.C. (United States Code) Chapter 4, Highway Safety Act of 1966, as amended; 23 U.S.C. 405, National Priority Safety Programs; 2 CFR Part 200 and 2 CFR Part 1201; the Federal Highway Safety Grant Funding Guidance (Revised 2013); the Federal Uniform Guidelines for State Highway Safety Programs; the Procedures for the Transportation Safety Grants Program and subsequent amendments; and the Guidelines for the Submission of Highway Safety Grant Applications, as they relate to the application, acceptance, and use of Federal or State funds for this project. Also, the Sub -recipient assures and certifies that: A. It possesses legal authority to apply for the grant and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Sub -recipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the authorized approving official of the Sub -recipient to act in connection with the application and to provide such additional information as may be required. B. It will comply with the Federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. C. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. D. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. E. It will comply with the Virginia State and Local Government Conflict of Interests Act, Va. Code §§ 2.2-3100 et seq., which defines and prohibits inappropriate conflicts and requires disclosure of economic interests and is applicable to all State and local government officers and employees. F. It will give the Department the access to and the right to examine all records, books, papers, or documents related to the Grant Agreement. G. It will ensure that all public records prepared or owned by, or in the possession of, the applicant relative to this project shall be open to inspection and copying by any citizens of the Commonwealth during regular office hours in accordance with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., unless otherwise specifically provided by law. H. If applicable, it will comply with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., which require all meetings of public bodies to be open and every public body to give notice of its meetings and to record minutes at all open meetings. Article 3. GRANT AWARD COMPENSATION A. The method of payment for the Grant Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Grant Agreement. The amount stated in the Project Budget will be deemed to be the amount of the award to the Sub -recipient. B. Reimbursement for travel costs shall be subject to the requirements and limitations set forth in the State Travel Regulations established by the Virginia Department of Accounts. Project Director's Initials 6 t... TSS 012B (07/01/2017) Page 7 C. All payments will be made in accordance with the terms of the Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the total amount stated in the Project, unless the Grant Agreement is amended as described in Article 5, Amendments and Modifications to Grant Agreement. D. To be eligible for reimbursement under the Grant Agreement, a cost must be incurred in accordance with the Grant Agreement, within the time frame specified in the Grant Period as stated in the Grant Agreement, attributable to work covered by the Grant Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. E. Federal or Department funds cannot supplant (replace) funds from any other sources. The term "supplanting" refers to the use of Federal or Department funds to support personnel or an activity already supported by local or State funds. F. Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and 2 CFR Part 1201. G. A Sub -recipient may request an Indirect Cost Rate for grants that are not enforcement related. The Sub -recipient must submit a copy of their Federally negotiated indirect cost rate. A Sub - recipient that does not have a Federally negotiated indirect cost rate, may submit a letter requesting a de minimis indirect cost rate of 10% of modified total direct costs (2 CFR § 200.414(f)). Payment for indirect costs will not be made until the aforementioned documents have been received by the Department. Indirect cost references and information can be found in 2 CFR Part 200. H. The Sub -recipient will provide a monetary and/or in-kind match to the funded proposal. The required matching percentage of the project cost will be determined by the Department. Grant funds may not be used before the Sub -recipient can demonstrate that funds for the corresponding portion of the matching requirement have been received by Sub -recipient. A matching report must be submitted with each reimbursement voucher. I. The Sub -recipient agrees to submit Requests for Reimbursement on a quarterly basis or no more than one request per month, as outlined in the Highway Safety Policy and Procedures Manual. The original Request for Reimbursement, with the appropriate supporting documentation, must be submitted to the DMV Grants Management Office. The Sub -recipient agrees to submit the final Request for Reimbursement under the Grant Agreement within thirty- five (35) days of the end of the Grant Period or November 5. All grant funds must be encumbered by the end of the grant period (September 301, complete with supporting invoices. At the end of the Grant Period, any unexpended or unobligated funds shall no longer be available to the Sub -recipient. In no case shall the Sub -recipient be reimbursed for expenses incurred prior to the beginning or after the end of the Grant Period. J. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. K. Grant Agreements supported with Federal or State funds are limited to the length of the Grant Period specified in the Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Sub -recipient may apply for funding assistance beyond the initial Grant Period. Preference for funding will be given to those projects for which the Sub -recipient has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. L. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, including this Grant Agreement, the Sub -recipient shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount of Federal funds provided for the project or program. Project Director's Initials J L TSS 012B (07/01/2017) Page 8 Payment of costs incurred hereunder is contingent upon the availability of appropriated funds. If, at any time during the Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Sub -recipient, giving notice of intent to terminate the Grant Agreement, as specified in Article 11, Termination. The Grant Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment form designated by the Department. Any amendment must be executed by the parties within the Grant Period specified in the Grant Agreement. Any proposed modifications or amendments to this Grant Agreement as defined in Article 6, Additional Work and Changes in Work, including the waiver of any provisions herein, must be submitted to the Department in writing and approved as herein prescribed prior to Sub -recipient's implementation of the proposed modification or amendment. Any alterations, additions, or deletions to the Grant Agreement that are required by changes in Federal or State laws, regulations or directives are automatically incorporated on the date designated by the law, regulation or directive. The Department may unilaterally modify this Grant Agreement to de -obligate funds not obligated by the Sub -recipient as of the close of the Grant Period specified in this Grant Agreement. In addition, the Department may de -obligate funds in the event of termination of the Grant Agreement pursuant to Article 11, Termination. If the Sub -recipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and constitutes additional work, the Sub -recipient shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise the Sub - recipient and a written amendment to the Grant Agreement will be executed according to Article 5, Amendments and Modifications to Grant Agreement, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Sub -recipient has submitted work in accordance with the terms of the Grant Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the Grant Agreement, the Sub -recipient shall make such revisions as requested and directed by the Department. This will be considered additional work and will be paid for as specified in this Article. If the Sub -recipient submits work that does not comply with the terms of the Grant Agreement, the Department shall instruct the Sub -recipient to make such revisions as are necessary to bring the work into compliance with the Grant Agreement. No additional compensation shall be paid for this work. The Sub -recipient shall make revisions to the work authorized in the Grant Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Sub -recipient or any costs incurred by the Sub -recipient relating to additional work not directly associated with or prior to the execution of an amendment. Article 7. REPORTING AND NOTIFICATIONS Sub -recipients shall submit performance reports using forms provided and approved by the Department as outlined in the Statement of Work and Special Conditions, Section 4, Reports and Deliverables. The Sub -recipient shall promptly advise the Department in writing of events that will have a significant impact upon the Grant Agreement, including: Project Director's Initials s i— TSS 0128 (07/01/2017) Page 9 A. Problems, delays, or adverse conditions, including a change of project director or other changes in Sub -recipient personnel that will materially affect the Sub -recipient's ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or Federal assistance needed to resolve the situation. B. Favorable developments or events that enable Sub -recipient to meet time schedules and objectives earlier than anticipated or to accomplish greater performance measure output than originally projected. The Sub -recipient agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, and Sub -recipient shall make such records available at its office for the time period specified in the Grant Agreement. The Sub - recipient further agrees to retain such records for three (3) years from the date of final payment under the Grant Agreement, until completion of all audits, or until any pending litigation has been completely and fully resolved, whichever occurs last. Any representative of the U.S. Secretary of Transportation, the Comptroller General of the United States, the General Accounting Office, the Virginia Office of the Secretary of Transportation, the Virginia Department of Motor Vehicles, the Virginia State Comptroller or the Virginia Auditor of Public Accounts shall have access to and the right to examine any and all books, documents, papers and other records (including computer records) of the Sub -recipient that are related to this Grant Agreement, in order to conduct audits and examinations and to make excerpts, transcripts, and photocopies. This right also includes timely and reasonable access to the Sub -recipient's personnel and program participants for the purpose of conducting interviews and discussions related to such documents. The Department's right to such access shall last as long as the records are retained as required under this Grant Agreement. Article 9. INDEMNIFICATION The Sub -recipient, if other than a government entity, agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the acts or omission of the Sub - recipient, its officers, agents or employees. The Sub -recipient, if other than a government entity, further agrees to indemnify and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any costs including, but not limited to, attorney fees and court costs, incurred by the Department in connection with any such claims or actions. If the Sub -recipient is a government entity, both parties to the Grant Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 10. DISPUTES AND REMEDIES The Sub -recipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Sub -recipient in support of Grant Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Director of the Virginia Highway Safety Office or his or her designee acting as final referee. Article 11. TERMINATION The Department may terminate the Grant Agreement, in whole or in part, for cause if the Sub -recipient fails to fulfill its obligations under the Grant Agreement; fails to comply with any applicable Department policy or procedure or any applicable Federal, State or local law, regulation or policy; or fails to correct a violation of any such law, regulation, policy or procedure. This does not limit any other termination rights that the Department may have under State or Federal laws, regulations or policies. Project Director's Initials S))L TSS 0126 (07/01/2017) Page 10 The Grant Agreement shall remain in effect until the Sub -recipient has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: The Department terminates the Grant Agreement for cause and informs the Sub -recipient that the project is terminated immediately; or The Department determines that the performance of the project is not in the best interest of the Department and informs the Sub -recipient that the project is terminated immediately; or ➢ The Grant Agreement is terminated in writing with the mutual consent of both parties; or There is a written thirty (30) day notice to terminate by either party. The Department shall compensate the Sub -recipient for only those eligible expenses incurred during the Grant Period specified in the Grant Agreement which are directly attributable to the completed portion of the work covered by the Grant Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Sub -recipient shall not incur nor be reimbursed for any new obligations after the effective date of termination. Article 12. SUBCONTRACTS No portion of the work specified in the Grant Agreement shall be subcontracted without the prior written consent of the Department. In the event that the Sub -recipient desires to subcontract part of the work specified in the Grant Agreement, the Sub -recipient shall furnish the Department the names, qualifications and experience of their proposed subcontractors. For purposes of the Grant Agreement, subcontractor(s) shall include, but are not limited to, recipients of mini grants and parties to cooperative agreements and memoranda of understanding. The Sub -recipient, however, shall remain fully responsible for the work to be done by its subcontractor(s) and shall assure compliance with all the requirements of the Grant Agreement. In any agreement entered into with a subcontractor, the Sub -recipient shall include or incorporate by reference all language contained in the Statement of Work and Special Conditions and in the General Terms and Conditions portions of this Highway Safety Grant Agreement, and the subcontractor shall agree to be bound by all requirements contained therein. Article 13. NONCOLLUSION The Sub -recipient certifies that its grant application was made without collusion or fraud, and it has not conferred on any public employee having official responsibility for the Highway Safety Grant process any loan, gift, favor, service or anything of more than nominal value, present or promised, in connection with its application. If Sub -recipient breaches or violates this certification, the Department shall have the right to annul this Grant Agreement without liability. Article 14. SUB -RECIPIENT'S RESOURCES The Sub -recipient certifies that it presently has adequate qualified personnel in its employment to perform the work required under the Grant Agreement, or that Sub -recipient will be able to obtain such personnel from sources other than the Department. All employees of the Sub -recipient shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Sub -recipient who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the project shall immediately be removed from association with the project. Unless otherwise specified, the Sub -recipient shall furnish all equipment, materials, supplies, and other resources required to perform the work. Project Director's Initials 5 �) L TSS 0128 (07/01/2017) Page 11 The Sub -recipient agrees to adopt and enforce an on-the-job seat belt use policy requiring all employees to wear a seat belt when operating any vehicle owned, leased or rented by the Sub -recipient, including police vehicles. The Sub -recipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. The Sub -recipient shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to the Grant Agreement in accordance with Virginia law and Department policies and procedures, provided that such laws, policies and procedures are not in conflict with Federal standards, as appropriate, in 2 CFR Part 200 and 2 CFR Part 1201. In the event of conflict, such Federal standards shall apply unless Virginia law or Department policies or procedures impose more strict requirements than the Federal standards. Article 18. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this Grant Agreement shall become the sole property of the Commonwealth in accordance with Va. Code §2.2-2822 and Executive Memorandum 4-95. On request, the Sub -recipient shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the Commonwealth to evidence the Commonwealth's sole ownership of specifically identified intellectual property created or developed during the performance of the Grant Agreement. Article 19. RESEARCH ON HUMAN SUBJECTS The Sub -recipient shall comply with the National Research Act, Public Law 93-348, regarding the protection of human subjects involved in research, development, and related activities supported by the Grant Agreement. Article 20. ASSIGNMENT The Grant Agreement shall not be assignable by the Sub -recipient in whole or in part without the written consent of the Department. Article 21. NONDISCRIMINATION A. The Sub -recipient WILL COMPLY WITH ALL Federal Statutes and implementing regulations relating to nondiscrimination. These include, but are not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); 3. Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); Project Director's Initials TSS 012B (07/01/2017) Page 12 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); 6. The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, sub -recipients and contractors, whether such programs or activities are Federally - funded or not); 7. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; 8. Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low -Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and 9. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR at 74087 to 74100). B. The Sub -recipient entity — 1. Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted. 2. Will administer the program in a manner that reasonably ensures that any of its sub - recipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance; 3. Agrees to comply (and require any of its sub -recipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; 4. Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; 5. Insert in all contracts and funding agreements with other State or private entities the following clause: Project Director's Initials r i L- TSS 0128 (07/01/2017) Page 13 "During the performance of this contract/funding agreement, the contractor/funding recipient agrees— a. To comply with all Federal nondiscrimination laws and regulations, as maybe amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs a through e, in every subcontract and sub agreement and in every solicitation for a subcontract or sub -agreement that receives Federal funds under this program." C. Certifies that it has disclosed to the Department any administrative and/or court findings of noncompliance with nondiscrimination or equal opportunity laws, regulations or policies during the two preceding years. If the Sub -recipient has been cited for noncompliance with these laws, regulations or policies, the Sub -recipient will not be eligible to receive funding. Article 22. DRUG-FREE WORKPLACE The Sub -recipient certifies that it will provide a drug-free workplace in accordance with the requirements of 29 CFR, Part 98, Subpart F. Article 23. BUY AMERICA ACT The Sub -recipient will comply with the provisions of the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a sub -recipient, to purchase only steel, iron and manufactured products produced in the United States with Federal funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. The National Highway Traffic Safety Administration (NHTSA) was granted a Buy America Act public interest waiver that became effective July 30, 2015, (Federal Register Vol. 80, No. 125, published June 30, 2015). This waiver allows a State or sub -recipient to purchase any manufactured product with a purchase price of $5,000 or less, excluding a motor vehicle when the product is purchased using Federal grant funds administered under Chapter 4 of Title 23 of the United States Code. The "National Traffic and Motor Vehicle Safety Act of 1966" defines a motor vehicle as a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. See 49 USC 30102(a)(6). Therefore, the purchase of foreign -made cars, motorcycles, trailers and other similar conveyances must be made with a waiver regardless of price. Project Director's Initials _S 0 L TSS 012B (07/01/2017) Page 14 ., .Rawa 1*4 It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to the Grant Agreement as follows: ➢ The Sub -recipient agrees to ensure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with Federal funds. In this regard, the Sub -recipient shall make good faith efforts, in accordance with 49 CFR Part 26, to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. ➢ The Sub -recipient and any subcontractor shall not discriminate on the basis of race, color, national origin, sex, disability, or age in the award and performance of agreements funded in whole or in part with Federal funds. These requirements shall be included in any subcontract or sub agreement. Failure to comply with the requirements set forth above shall constitute a breach of the Grant Agreement and, after the notification by the Department, may result in termination of the Grant Agreement by the Department or other such remedy as the Department deems appropriate. A. The Sub -recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any State or Federal department or agency or otherwise excluded by any Federal or State department or agency; 2. Have not within a three (3) year period preceding this Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local public transaction or contract under a public transaction; violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a Federal, State, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Grant Agreement, had one or more Federal, State, or local public transactions terminated for cause or default. B. Where the Sub -recipient is unable to certify to any of the statements in this Article, such Sub - recipient shall attach an explanation to the Grant Agreement. C. The Sub -recipient is prohibited from making any subcontract or sub -award or permitting any subcontract or sub -award to any party that does not certify to the Sub -recipient that such party meets the requirements set forth in Section A., Items 1-4 of this Article. When requested by the Department, Sub -recipient shall furnish a copy of such certification. D. The Sub -recipient shall require any party to a subcontract or purchase order awarded under the Grant Agreement to certify its eligibility to receive Federal grant funds, and, when requested by the Department, to furnish a copy of the certification. Article 26. POLITICAL ACTIVITY (HATCH ACT) The Sub -recipient will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Project Director's Initials S tL TSS 012B (07/01/2017) Page 15 Article 27. FEDERAL LOBBYING CERTIFICATION The Sub -recipient certifies to the best of his or her knowledge and belief that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub - recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the party to the Grant Agreement shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Sub -recipient or agent acting for such Sub -recipient related to any activity designed to influence legislation or appropriations pending before the Congress. D. The Sub -recipient shall require that the language of this certification be included in the award documents for all sub -awards (including subcontracts, sub -grants, and contracts under grant, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant Agreement was made or entered into. Submission of this certification is a prerequisite for entering into this Grant Agreement imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Article 28. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Virginia General Assembly, except in presentation to the General Assembly itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Sub -recipient or agent acting for such Sub -recipient related to any activity designed to influence legislation or appropriations pending before the Virginia General Assembly. In the event any terms or provisions of this Grant Agreement are breached by either party or in the event that a dispute may arise between the parties regarding the meaning, requirements, or interpretation of Project Director's Initials TSS 012B (07/01/2017) Page 16 any terms and provisions contained in this Grant Agreement, then such breach or dispute shall be resolved pursuant to the terms of this Grant Agreement and the remedies available under the Code of Virginia. If the Sub -recipient is not a government entity, in the event the Department must initiate proceedings to enforce the terms and conditions of this Grant Agreement or seek redress for damages caused by Sub -recipient's breach of this Grant Agreement, the Department shall be entitled to recover all costs including, without limitation, court costs and attorney fees, incurred in such proceedings. O 19 Ilk f• -• A. Signature Authorized. The Sub -recipient's authorized approving official, signing the certification page of the Grant Agreement, has the legal authority to apply for Federal Assistance and has the institutional, managerial, and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. B. Headings. The captions and headings used in this Grant Agreement are intended for convenience only and shall not be used for purposes of construction or interpretation. C. Notice. All notices, requests and demands shall be directed as follows: To the Department: Virginia Department of Motor Vehicles ATTENTION: Director, Virginia Highway Safety Office Post Office Box 27412 Richmond, Virginia 23269-0001 To Sub -recipient: t&AJVC4(-� CQJ0U1'Y° POLICE 8ZtiJs 5C—L8vj1 'Sa UwiS 5S zS CLI& plapr) epi k;Qt6(_, o �,P A zria i Any notice, unless otherwise specified herein, will be deemed to have been given on the date such notice is personally delivered or is deposited in the United States certified mail, return receipt requested, properly addressed and with postage prepaid. Project Director's Initials S ) L Available Crash Data - Partial Year 2014 2015 2016 ` 2017* All Crashes 452 513 599 658 Fatal Crashes 0 5 1 4 Serious Injury Crashes 33 33 26 21 All Injury Crashes 158 159 181 246 Alcohol -Related Crashes 31 31 29 29 Alcohol -Related Fatal Crashes 3 1 1 9:00pm- 11:59pm Highest Time Period(s) No Midnight - 2:59am 9:00pm- 11:59pm Midnight - 2:59am Alcohol -Related _ _ (66%) (100%) (100%) Highest Day(s) Fatalities Friday - Monday Friday Thursday (66%) (100%) (100%) Highest Month(s) May February April (67%) (100%) (100%) Alcohol -Related Serious Injury Crashes 6 9 6 2 6:00pm- 8:59pm Highest Time Period(s) 3:00pm- 5:59pm 9:00pm- 11:59pm 3:00am - 5:59am 9:00pm-11:59pm (50%) (33%) (33%) (100%) Highest Day(s) Fridays Monday Friday m Saturday Sunday Saturday - Wednesday (34%) (44%) (33%) (100%) Highest Month(s) April February a June February February a January (50%) (44%) (50%) (100%) Alcohol -Related Injury Crashes 15 15 15 18 3:00am - 5:59am Highest Time Period(s) 9:00pm-11:59pm 9:00pm- 11:59pm 9:00pm-11:59pm 3:00pm- 5:59pm (33%) (40%) (54%) (39%) Highest Day(s) Friday Saturday Sunday Saturday (27%) (27%) (27%) (33%) Highest Month(s) April e March March April May (66%) (27%) (27%) (33%) * Alcohol -Related Fatal Interstate Crashes a Alcohol -Related Fatal Non -interstate Crashes ® Alcohol -Related Serious Injury Interstate Crashes a Alcohol -Related Serious Injury Non -interstate Crashes Vug fflTech The blue gradient represents the density of all alcohol-related crashes. rnsrap.l was 9 --tad by me `This report contains preliminary data. camarrorcaospaeai mrormat-Teohnomyy Available Crash Data - Calendar Year 2013 2014 2015, 2016 All Crashes 1128 1040 1181 1344 Fatal Crashes 8 5 9 4 Serious Injury Crashes 47 63 59 61 All Injury Crashes 308 332 353 428 Alcohol -Related Crashes 73 68 57 65 Alcohol -Related Fatal Crashes 2 2 4 2 3:00am - 5:59am 6:00pm- 8:59pm 3:00pm- 5:59pm Highest Time Period(s) 6:00pm- 8:59pm Midnight - 2:59am 9:00pm- 11:59pm 9:00pm- 11:59pm (100%) (100%) (50%) (100%) Highest Day(s) Monday Saturday Friday e Monday Friday e Monday (100%) (100%) (50%) (100%) Highest Month(s) August a November November May February - November (100%) (100%) (50%) (100%) Alcohol -Related Serious Injury Crashes 10 14 12 11 3:00pm- 5:59pm Highest Time Period(s) 9:00pm- 11:59pm 3:00pm- 5:59pm 9:00pm- 11:59pm Midnight - 2:59am (30%) (50%) (50%) (27%) Highest Day(s) Monday ® Saturday Monday e Wednesday Saturday ® Tuesday Sunday (60%) (42%) (50%) (45%) Highest Month(s) August April a September February - June July (30%) (42%) (34%) (45%) Alcohol -Related Injury Crashes 26 32 26 36 Highest Time Period(s) 9:00pm- 11:59pm 9:00pm- 11:59pm 9:00pm- 11:59pm Midnight - 2:59am (27%) (31%) (27%) (23%) Highest Day(s) Saturday Monday Saturday Sunday (31%) (19%) (27%) (34%) Highest Month(s) September April - March September July (19%) (32%) (19%) (20%) 2015 i cF r— /r L _ �s amaee 2016 L _ saa miles s Alcohol -Related Fatal Interstate Crashes a Alcohol -Related Fatal Non -interstate Crashes Alcohol -Related Serious Injury Interstate Crashes o Alcohol -Related Serious Injury Non -interstate Crashes The blue gradient represents the density of all alcohol-related crashes. V Tech This report was generated by the Center for Geospatial Information Technology ACTION NO. ITEM NO. 1.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: September 26, 2017 Request to accept and allocate grant funds from the Division of Motor Vehicle for the Selective Enforcement Grants in the amount of $149,625 SUBMITTED BY: Howard B. Hall Chief of Police APPROVED BY: Thomas C. Gates County Administrator ISSUE: Acceptance and allocation of grants totaling $149,625 from the Division of Motor Vehicles for traffic enforcement and training. BACKGROUND: The Virginia Highway Safety Office, part of the Virginia Department of Motor Vehicles, oversees the funding and coordination of various highway safety grant programs. These programs are designed to improve the safety of motorists by focusing on a variety of factors that contribute to motorist injury. The Roanoke County Police Department has been awarded Selective Enforcement Grants as part of the ongoing initiative to reduce traffic fatalities in the Commonwealth of Virginia. The Roanoke County Police Department has received grants from the Division of Motor Vehicles for approximately 25 years. The Police Department uses these grants to reduce alcohol related fatalities and serious injuries in traffic crashes, increase occupant protection, and to provide additional speed enforcement on Interstate 81 and 581. DISCUSSION: The Division of Motor Vehicles awarded to the Roanoke County Police Department the following grants: Page 1 of 2 1. Selective Enforcement Grant in the amount of $88,200 to reduce alcohol related fatalities and serious injuries in traffic crashes. 2. Selective Enforcement Grant in the amount of $17,550 to increase vehicle occupant protection. 3. Selective Enforcement Grant in the amount of $43,875 to provide for additional speed enforcement. Grant funds will be utilized for personnel, training and equipment costs associated with each grant program. FISCAL IMPACT: Awarded federal grant funds total $149,625, which includes a required local match of $49,875. The County will meet the local match through operational funds budgeted for fuel and vehicle maintenance in the fiscal year 2017-2018 Police Department budget. STAFF RECOMMENDATION: Staff recommends acceptance and allocation of grant funds to the Police Department in the amount of $149,625 from the Division of Motor Vehicles for the Selective Enforcement Grants. Page 2 of 2 p0Atdp y G GRANT PROCESSING REQUEST FORM Department of Finance 1838 DATE: 8/21/17 DEPARTMENT: Police GRANT PROGRAM: Selective Enforcement - Alcohol GRANTING AGENCY: Department of Motor Vehicles IF FEDERAL GRANT... CFDA # 20.607 PROGRAM TITLE: Selective Enforcement - Alcohol FUNDING REQUEST: AGENCY CONTACT: Steve Williams AGENCY PHONE N0: 540-632.3042 EXAMPLE OF NUMBER Dept: Department of Education (Agency No.) 84.XXX (Grant Program No.) FEDERAL STATE LOCAL MATCH 58,800.00 OTHER TOTAL REQUEST 29,400.00 88,200.00 IF LOCAL MATCH IS REQUIRED, ARE FUNDS AVAILABLE IN DEPARTMENT BUDGET? YIN Y ACCOUNT TO WHICH MACWBE CODED: In -Kind - Fuel and Vehicle Maintenance INDIRECT COSTS? Y/N No REIMBURSEMENT GRANT? Y/N Yes FINANCIAL & PROGRESS REPORTS PREPARED BY: X Department Finance PROJECT DIRECTOR: Raymond S Torres AMOUNT REQUEST FOR FUNDS SUBMITTED BY: X Department Finance PHONE: FAX: 540-777.5279 EMAIL: rtorres@roanokecountyva.gov www.dmvNpW,com Virginia Department of Motor Vehicles HIGHWAY SAFETY Post Office B..27'4102' GRANT AGREEMENT Richmond, Virginia 23269-0001 Purpose: Virginia's Highway Safety Program Subrecipients use this form to certify and assure that they will full com I all terms of the Highway Safety Grant Agreement. Y p y with Instructions: Subrecipients must read the contract, complete all applicable information on the first and last page, initial the subsequent pages, and return all pages to the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter "Department"), 2300 West Broad Street, Richmond, Virginia 23220, and the following: Subrecipient: Roanoke County Federal Award Identification Number (:F: AIN): Project Title: Selective Enforcement - Alcohol Project Number: 154AL-2018-58073-8073 CFDA#: 20.607 CFDA Name: Alcohol Open Container Requirements Period of Performance: From October 1, 2017, or the date the Highway Safety Grant Agreement is signed by the Director, Virginia Highway Safety Office (whichever is later) through September 30, 2018. Allow 21 days for the Department to complete its review and signature. FINAL VOUCHER IS DUE ON OR BEFORE NOVEMBER 5, 2018. Grant Award Amount: $58,800 i;, t, , Sounce of funds obligated to this award: U.S. Department of Transportation National Highway Traffic Safety Administration (NHTSA) Date of Award Letter from NHTSA: September 30, 2017 In performing its responsibilities under this Highway Safety Grant Agreement, the Subrecipient certifies and assures that it will f comply with the following: uuy • Applicable Department regulations and policies and State and Federal laws, regulations, and policies • Statement of Work and Special Conditions and an Approved udget, included with this • General Terms and Conditions, also included with this Highway Safety Grant Ag eemenHlghway Safety Grant Agreement Subrecipient's signature below indicates that the Subrecipient has read, understands and agrees to fully comply conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter "Grant Agreement"), consisting of this certification, the attached Statement of Work and Special Conditions, the attached General Terms d and Conditions, the attached Project Budget, the Subrecipient's proposal and the letter awarding the grant to the Subrecipient constitutes the entire agreement between the Department and the Subrecipient, supersedes an y prior oral or between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over another: (1) applicable Department regulations an written agreement where superseded by Federal laws, regulations, or policies; (2) applicable State laws, regulations, and policies, except where superseded by Federal laws, regulations, or policies; (3) applicable Federal laws, regulations, and policies; (4) Statement of Work pt and Special Conditions; (5) General Terms and Conditions; (6) Project Budget; (7) Subrecipient's proposal; and(8) award letter. Subrecipient certifies that this grant does not include research and development. ( For Subrecipient: Signature ` J ate Subrecipient's DUNS Number � � -.1 Does your locality/legal entity expend$7 0,000 or more annually in total federal funds? (check one) Yes _.No Name and Title of Authorized Approving Official (print) Signature Date For Virginia Department of Motor Vehicles: John Saunders Director, Virginia Highway Safety Signature Dat--------- ------� CD o 'O C0) O O 00 00 s = o 0 0 L I o I cc � N I w N O O O O LL O OO O O O E LQ d Q O O to w � ' � p , 10 O O O O 0' O O O O LON I a Cl)00 O O O ; 0 L O LO Cj a N = N _L p 00 r" M r- CY M I d � V` m p J o 4 Sf I o_ I 0 oc _m E m E R C7 a to Q a3 m G1 y p � c •; a j Y j - N I .0 U U I 7 O) c c c o U (Q 1 O .� N � 0 N 0 I o o a a 0) CL N U co a a C N a) M V O GS O C Ul = E p > N E I , ' N J O I M 7 I - LL I I Iyb N r ` I � i, "-j c rn aci I rn w c _c O N C Q L 0- f I W I-S I TSS 012A -AL (07/01/201 Sub -recipient Name: ) s Page Project #: 9 0-3 STATEMENT OF WORK AND SPECIAL CONDITIONS 1. Goals and Specific Program Elements. The goals and specific program elements of the sub -recipient's proposal are incorporated as the first item in this Statement of Work and Special Conditions. a. List Specific Program Elements: For October 1,y2017 through December 31, 2017 Estimated 10number of overtime hours to be used Estimated number of checkpoints Estimated number of saturation/individual patrols For January 1, 2018 through March 31, 2018 Estimated 3 00 number of overtime hours to be used Estimated number of checkpoints Estimated number of saturation/individual patrols For April 1, 2018 through June 30, 2018 Estimated sn number of overtime hours to be used Estimated 7 number of checkpoints IS- Estimated number of saturation/individual patrols For July 1, 2018 through September 30, 2018 Estimated S00 number of overtime hours to be used Estimated number of checkpoints Estimated O_ number of saturation/individual patrols b. To conduct a minimum of or Ticket Mobilization period in May 208. checkpoints and/or 1 saturation/individual patrols for (during) the Click It c. To conduct a minimum of �i Strike Force Campaign. checkpoints and/or -® saturation patrols for the mandatory Checkpoint d. To have number of sworn officers attend events (e.g. ACTS, NHTSA Safety Summit, Field Sobriety Testi®g).V approved traffic safety-related training e. Increase from number of radar units in active use from 126. ordered by December 31, 2017 and put in service by M120 (If approved, all units must be arch 3 f. Increase from number of breath testing units in active use from be ordered by December 31, 2017 and put in service by March 3-1,2018)- 4 (If approved, all units must . Project Director Initial -_ Date TSS 012A -AL (07/01/2017) Page 3A Sub -recipient Name: ` �� ,,,. Project #: 2. The sub -recipient must contribute to the overall State Highway Safety Plan goals: ALCOHOL STATEWIDE GOAL: Decrease alcohol impaired driving fatalities 7 percent from the 2015 calendar base year of 208 to 194 by December 31, 2018. AGENCY GOAL: ovV'A"s ® Must participate in Checkpoint Strike Force (CPSF)/Drive Sober or Get Pulled Over (DSOGPO) activities. ® Sub -recipients must submit Checkpoint Strike Force (CPSF)/Drive Sober or Get Pulled Over (DSOGPO) selective enforcement data electronically through TREDS (Traffic Records Electronic Data System). ® BASED ON ALCOHOL-RELATED CRASH DATA (using crash data from VAHSO or other approved local crash information): percent of alcohol selective enforcement activities are to be conducted between the hours of / O0,360 with special emphasis on the following days of the week: Sapif WSOD The remaining percent of selective enforcement hours may be scheduled during other DMV approved identified high -crash time periods. • Enforcement is to be conducted using data -identified problem locations. • Grant -funded equipment must be ordered by December 31, 2017, and put in service by March 31, 2018 and documentation maintained concerning use. • All sub -recipients must submit a completed monitoring report (TSS 14-A) to their DMV Grant Monitor by specific assigned dates. • Sub -recipients must attend all mandatory DMV grant -related trainings. Zero tolerance (no warnings) for violators during grant -funded overtime. Project Director Initial Date TSS 012B (07/01/2017) HIGHWAY SAFETY GRANT AGREEMENT Page 4 GENERAL TERMS AND CONDITIONS 1. Purpose and Background. The Department is awarding this grant to sup port the highway safety projects by State, local, non-profit, and higher education pa nersh ps!eFundstareof made available for projects that: (1) support statewide goals; (2) identify proems High Emphasis Communities, which are jurisdictions with the hi hest cra hseveriy problem; (3) experienced by creatively incorporate alcohol awareness and occupant protection safety; (4) are innovative with potential statewide application or ability to transfer to other jurisdictions; and (5) have statewide significance and address the Federal program areas under Section 1906, Public Law 109-59 (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users - SAFETEA-LU), as amended by Section 4011, Public Law 114-94 (Fix America's Surface Transportation (FAST) Act). 2. Paid Media. Grants consisting of $100,000 or more in paid media funds will be required to perform pre- and post -surveys during the Grant Period. The level of assessment is based on the cost of a paid advertising campaign as follows: a. Level 1, for a paid advertising campaign of up to $100,000: At a minimum, an assessment must measure and document audience exposure to paid advertised messages and the number of airings or print ads devoted to each announcement. The size of the audience needs to be estimated using a source appropriate for the medium used, such as Arbitron or Nielsen ratings for radio and TV. More specifically, all paid advertising for which the State or Sub -recipient used 154, 402 and 405 funds must include t documentation stating how many paid airings or print ads occurred and the size of he audience reached. Include the number of free airings or print ads that occurred and the size of the audience reached. b. Level 2, for a paid advertising campaign greater than $100,000: In addition to providing the above Level 1 documentation, a more extensive assessment is required to measure target audience reaction. One or more of the activities in the following list may be used to assess how the target audience's knowledge, attitude, or actions were affected by the message(s): Mail surveys; ➢ Telephone surveys; ➢ Focus groups; ➢ Mall intercept interviews; 9 Direct mailings; ➢ Call-in centers; ➢ Newspaper polls; ➢ Household interviews; Before and after approach, which compares system status before and after the introduction of the message; and Control region approach, which relates one study site exposed to the message to a similar site that is not exposed to the message. 3. Equipment. Costs for equipment are allowable under specified conditions. Costs for new and replacement equipment with a useful life of more than one year and an acquisition cost of $5,000 or more must be pre -approved before a Sub -recipient purchases the equipment. Such approval shall be obtained by the Department from the National Highway Traffic Safety Administration (NHTSA) regional manager in writing, and Sub -recipient will be notified by the Department when this approval has been secured. Federal government requirements mandate that the Department maintain an accurate accounting and inventory of all equipment purchased using Federal funds, and Sub -recipient shall comply with applicable reporting requirements that may be specified in the Highway Safety Policy and Procedures Manual and amendments thereto. Sub -recipient must request advance, written approval from the Department to sell, transfer or dispose of any and all non -expendable equipment purchased in whole or in part with the use of Federal Project Director's Initials �- TSS 012B (07/01/2017) Page 5 highway safety funds. Disposition of funds from the sale of equipment to another entity must be agreed upon by the Department and the Sub -recipient and approved by NHTSA and the Department. In the event of a conflict between this section, 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) and 2 CFR Part 1201 (Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards -- referred to as the "Supercircular"), the provisions of the applicable CFR control, except where inconsistent with statute. 4. Reports and Deliverables. Quarterly Progress and Monitor Reports shall be provided to the Department by the dates indicated: January 31, April 30, July 31, and November 5. Each Progress and Monitor Report shall address the Sub -recipient's progress in fulfilling items listed in the Statement of Work and Special Conditions, including funded elements of the Sub -recipient's proposal. These reports should include the findings from the evaluation component of the proposal and should indicate the criteria and methods by which the progress of the initiative has been evaluated. The format for Progress and Monitor Reports will be provided to the Sub -recipient, but, at a minimum, will require an assessment of the program's plan with actual accomplishments during the past quarter, partnership involvement and satisfaction, expected follow-up, changes/problems with the plan and how they will be addressed, a financial summary of expenditures for the reporting period and planned accomplishments during the next quarter. The final Progress and Monitor Report shall include a comprehensive, detailed report of all grant activities conducted during the full grant performance period, including a final summary of expenditures. Monitoring. The Department shall, throughout the Grant Period under this Grant Agreement and any extension of the program which is the subject of the Grant Agreement, monitor and evaluate the events, activities and tasks performed in connection with the program to include financial feasibility and progress of the grant and the Sub -recipient's continuing fiscal responsibility and compliance with applicable requirements and the terms and conditions of this Grant Agreement. Such monitoring and evaluation shall not in any manner relieve or waive any obligations of Sub -recipient under this Grant Agreement or pursuant to applicable State and Federal law, regulations or rules. Any representation to the contrary by the Sub -recipient to any third party is strictly prohibited and may be grounds for the termination of this Grant Agreement by the Department. 5. Audit. Sub -recipients expending $750,000 or more in Federal awards (single or multiple awards) in a year are required to obtain an annual audit in accordance with the Single Audit Act (Public Law 98-502) and subsequent amendments (refer to 2 CFR Part 200 and 2 CFR Part 1201), and the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financial Statement Audit. The audit report must be submitted to DMV by March 15. Sub -recipients are encouraged to submit their audit report to the Federal Audit Clearinghouse (FAC) at http://harvester.census.gov/sac/. Failure to meet the single audit requirements could result in your entity having to repay grant monies and/or losing access to future Federal funding. The State auditor may conduct an audit or investigation of any entity receiving funds from the Department, either directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. Acceptance of funds directly or indirectly under the Grant Agreement constitutes acceptance of the authority of the State auditor to conduct an audit or investigation in connection with those funds. In the event an audit reveals unallowable expenditures, the Sub -recipient will be responsible for repayment to the Department of such unallowable expenditures. 6. Closeout. Sub -recipients are required to submit final requests for reimbursements and final Progress Reports according to the schedule identified in this Grant Agreement. Requests for reimbursements submitted after November 5 will be denied. Project Director's Initials I�Y__ TSS 012B (07/01/2017) Page 6 Article 1. COMPLIANCE WITH LAWS The Sub -recipient shall comply with all Federal, State, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of the Grant Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Sub -recipient shall furnish the Department with satisfactory proof of its compliance therewith. The Sub -recipient hereby assures and certifies that it will comply with all applicable laws, regulations, policies, guidelines, and requirements, including 23 U.S.C. (United States Code) Chapter 4, Highway Safety Act of 1966, as amended; 23 U.S.C. 405, National Priority Safety Programs; 2 CFR Part 200 and 2 CFR Part 1201; the Federal Highway Safety Grant Funding Guidance (Revised 2013); the Federal Uniform Guidelines for State Highway Safety Programs; the Procedures for the Transportation Safety Grants Program and subsequent amendments; and the Guidelines for the Submission of Highway Safety Grant Applications, as they relate to the application, acceptance, and use of Federal or State funds for this project. Also, the Sub -recipient assures and certifies that: A. It possesses legal authority to apply for the grant and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Sub authorizing the filing of the application, including all understan-recipient's governing body, dings and assurances contained therein, and directing and authorizing the person identified as the authorized approving official of the Sub -recipient to act in connection with the application and to provide such additional information as may be required. B. It will comply with the Federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. C. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. D. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. E. It will comply with the Virginia State and Local Government Conflict of Interests Act, Va. Code §§ 2.2-3100 et seq., which defines and prohibits inappropriate conflicts and requires disclosure of economic interests and is applicable to all State and local government officers and employees. F. It will give the Department the access to and the right to examine all records, books, papers, or documents related to the Grant Agreement. G. It will ensure that all public records prepared or owned by, or in the possession of, the applicant relative to this project shalt be open to inspection and copying by any citizens of the Commonwealth during regular office hours in accordance with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., unless otherwise specifically provided by law. H. If applicable, it will comply with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., which require all meetings of public bodies to be open and every public body to give notice of its meetings and to record minutes at all open meetings. Article 3. GRANT AWARD COMPENSATION A. The method of payment for the Grant Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Grant Agreement. The amount stated in the Project Budget will be deemed to be the amount of the award to the Sub -recipient. B. Reimbursement for travel costs shall be subject to the requirements and limitations set forth in the State Travel Regulations established by the Virginia Department of Accounts. n Project Director's Initials TSS 012B (07/01/2017) Page 7 C. All payments will be made in accordance with the terms of the Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the total amount stated in the Project, unless the Grant Agreement is amended as described in Article 5, Amendments and Modifications to Grant Agreement. D. To be eligible for reimbursement under the Grant Agreement, a cost must be incurred in accordance with the Grant Agreement, within the time frame specified in the Grant Period as stated in the Grant Agreement, attributable to work covered by the Grant Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. E. Federal or Department funds cannot supplant (replace) funds from any other sources. The term "supplanting" refers to the use of Federal or Department funds to support personnel or an activity already supported by local or State funds. F. Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and 2 CFR Part 1201. G. A Sub -recipient may request an Indirect Cost Rate for grants that are not enforcement related. The Sub -recipient must submit a copy of their Federally negotiated indirect cost rate. A Sub - recipient that does not have a Federally negotiated indirect cost rate, may submit a letter requesting a de minimis indirect cost rate of 10% of modified total direct costs (2 CFR § 200.414(f)). Payment for indirect costs will not be made until the aforementioned documents have been received by the Department. Indirect cost references and information can be found in 2 CFR Part 200. H. The Sub -recipient will provide a monetary and/or in-kind match to the funded proposal. The required matching percentage of the project cost will be determined by the Department. Grant funds may not be used before the Sub -recipient can demonstrate that funds for the corresponding portion of the matching requirement have been received by Sub -recipient. A matching report must be submitted with each reimbursement voucher. I. The Sub -recipient agrees to submit Requests for Reimbursement on a quarterly basis or no more than one request per month, as outlined in the Highway Safety Policy and Procedures Manual. The original Request for Reimbursement, with the appropriate supporting documentation, must be submitted to the DMV Grants Management Office. The Sub -recipient agrees to submit the final Request for Reimbursement under the Grant Agreement within thirty- five (35) days of the end of the Grant Period or November 5. All grant funds must be encumbered by the end of the grant period (September 301, complete with supporting invoices. At the end of the Grant Period, any unexpended or unobligated funds shall no longer be available to the Sub -recipient. In no case shall the Sub -recipient be reimbursed for expenses incurred prior to the beginning or after the end of the Grant Period. J. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. K. Grant Agreements supported with Federal or State funds are limited to the length of the Grant Period specified in the Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Sub -recipient may apply for funding assistance beyond the initial Grant Period. Preference for funding will be given to those projects for which the Sub -recipient has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. L. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, including this Grant Agreement, the Sub -recipient shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount of Federal funds provided for the project or program. Project Director's Initials TSS 0128 (07/01/2017) Page 8 Article 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of appropriated funds. If, at any time during the Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Sub -recipient, giving notice of intent to terminate the Grant Agreement, as specified in Article 11, Termination. Article 5. AMENDMENTS AND MODIFICATIONS TO GRANT AGREEMENT The Grant Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment form designated by the Department. Any amendment must be executed by the parties within the Grant Period specified in the Grant Agreement. Any proposed Changes in Work, including the waiver of any provisions herein, must be submitted to modifications or amendments to this Grant Agreement as defined in Article 6, Additional Work and Department in the writing and approved as herein prescribed prior to Sub -recipient's implementtion of the proposed modification or amendment. a Any alterations, additions, or deletions to the Grant Agreement that are required by changes in Federal or State laws, regulations or directives are automatically incorporated on the date designated by the law, regulation or directive. The Department may unilaterally modify this Grant Agreement to de -obligate funds not obligated by the Sub -recipient as of the close of the Grant Period specified in this Grant Agreement. In addition, the Department may de -obligate funds in the event of termination of the Grant Agreement pursuant to Article 11, Termination. Article 6. ADDITIONAL WORK AND CHANGES IN WORK If the Sub -recipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and constitutes additional work, the Sub -recipient shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise the Sub - recipient and a written amendment to the Grant Agreement will be executed according to Article 5, Amendments and Modifications to Grant Agreement, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Sub -recipient has submitted work in accordance with the terms of the Grant Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the Grant Agreement, the Sub -recipient shall make such revisions as requested and directed by the Department. This will be considered additional work and will be paid for as specified in this Article. If the Sub -recipient submits work that does not comply with the terms of the Grant Agreement, the Department shall instruct the Sub -recipient to make such revisions as are necessary to bring the work into compliance with the Grant Agreement. No additional compensation shall be paid for this work. The Sub -recipient shall make revisions to the work authorized in the Grant Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Sub -recipient or any costs incurred by the Sub -recipient relating to additional work not directly associated with or prior to the execution of an amendment. Article 7. REPORTING AND NOTIFICATIONS Sub -recipients shall submit performance reports using forms provided and approved by the Department as outlined in the Statement of Work and Special Conditions, Section 4, Reports and Deliverables. The Sub -recipient shall promptly advise the Department in writing of events that will have a significant impact upon the Grant Agreement, including: Project Director's Initials i TSS 012B (07/01/2017) Page 9 A. Problems, delays, or adverse conditions, including a change of project director or other changes in Sub -recipient personnel that will materially affect the Sub -recipient's ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or Federal assistance needed to resolve the situation. B. Favorable developments or events that enable Sub -recipient to meet time schedules and objectives earlier than anticipated or to accomplish greater performance measure output than originally projected. The Sub -recipient agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, and Sub -recipient shall make such records available at its office for the time period specified in the Grant Agreement. The Sub - recipient further agrees to retain such records for three (3) years from the date of final payment under the Grant Agreement, until completion of all audits, or until any pending litigation has been completely and fully resolved, whichever occurs last. Any representative of the U.S. Secretary of Transportation, the Comptroller General of the United States, the General Accounting Office, the Virginia Office of the Secretary of Transportation, the Virginia Department of Motor Vehicles, the Virginia State Comptroller or the Virginia Auditor of Public Accounts shall have access to and the right to examine any and all books, documents, papers and other records (including computer records) of the Sub -recipient that are related to this Grant Agreement, in order to conduct audits and examinations and to make excerpts, transcripts, and photocopies. This right also includes timely and reasonable access to the Sub -recipient's personnel and program participants for the purpose of conducting interviews and discussions related to such documents. The Department's right to such access shall last as long as the records are retained as required under this Grant Agreement. Article 9. INDEMNIFICATION The Sub -recipient, if other than a government entity, agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the acts or omission of the Sub - recipient, its officers, agents or employees. The Sub -recipient, if other than a government entity, further agrees to indemnify and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any costs including, but not limited to, attorney fees and court costs, incurred by the Department in connection with any such claims or actions. If the Sub -recipient is a government entity, both parties to the Grant Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 10. DISPUTES AND REMEDIES The Sub -recipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Sub -recipient in support of Grant Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Director of the Virginia Highway Safety Office or his or her designee acting as final referee. Article 11. TERMINATION The Department may terminate the Grant Agreement, in whole or in part, for cause if the Sub -recipient fails to fulfill its obligations under the Grant Agreement; fails to comply with any applicable Department policy or procedure or any applicable Federal, State or local law, regulation or policy; or fails to correct a violation of any such law, regulation, policy or procedure. This does not limit any other termination rights that the Department may have under State or Federal laws, regulations or policies. Project Director's Initials TSS 012B (07/01/2017) Page 10 The Grant Agreement shall remain in effect until the Sub -recipient has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: The Department terminates the Grant Agreement for cause and informs the Sub -recipient that the project is terminated immediately; or The Department determines that the performance of the project is not in the best interest of the Department and informs the Sub -recipient that the project is terminated immediately; or The Grant Agreement is terminated in writing with the mutual consent of both parties; or ➢ There is a written thirty (30) day notice to terminate by either party. The Department shall compensate the Sub -recipient for only those eligible expenses incurred during the Grant Period specified in the Grant Agreement which are directly attributable to the completed portion of the work covered by the Grant Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Sub -recipient shall not incur nor be reimbursed for any new obligations after the effective date of termination. No portion of the work specified in the Grant Agreement shall be subcontracted without the prior written consent of the Department. In the event that the Sub -recipient desires to subcontract part of the work specified in the Grant Agreement, the Sub -recipient shall furnish the Department the names, qualifications and experience of their proposed subcontractors. For purposes of the Grant Agreement, subcontractor(s) shall include, but are not limited to, recipients of mini grants and parties to cooperative agreements and memoranda of understanding. The Sub -recipient, however, shall remain fully responsible for the work to be done by its subcontractor(s) and shall assure compliance with all the requirements of the Grant Agreement. In any agreement entered into with a subcontractor, the Sub -recipient shall include or incorporate by reference all language contained in the Statement of Work and Special Conditions and in the General Terms and Conditions portions of this Highway Safety Grant Agreement, and the subcontractor shall agree to be bound by all requirements contained therein. The Sub -recipient certifies that its grant application was made without collusion or fraud, and it has not conferred on any public employee having official responsibility for the Highway Safety Grant process any loan, gift, favor, service or anything of more than nominal value, present or promised, in connection with its application. If Sub -recipient breaches or violates this certification, the Department shall have the right to annul this Grant Agreement without liability. Article 14. SUB -RECIPIENT'S RESOURCES The Sub -recipient certifies that it presently has adequate qualified personnel in its employment to perform the work required under the Grant Agreement, or that Sub -recipient will be able to obtain such personnel from sources other than the Department. All employees of the Sub -recipient shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Sub -recipient who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the project shall immediately be removed from association with the project. Unless otherwise specified, the Sub -recipient shall furnish all equipment, materials, supplies, and other resources required to perform the work. Project Director's Initials TSS 012B (07/01/2017) Page 11 Article 15. SUB -RECIPIENT SEAT BELT USE The Sub -recipient agrees to adopt and enforce an on-the-job seat belt use policy requiring all employees to wear a seat belt when operating any vehicle owned, leased or rented by the Sub -recipient, including police vehicles. The Sub -recipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. The Sub -recipient shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to the Grant Agreement in accordance with Virginia law and Department policies and procedures, provided that such laws, policies and procedures are not in conflict with Federal standards, as appropriate, in 2 CFR Part 200 and 2 CFR Part 1201. In the event of conflict, such Federal standards shall apply unless Virginia law or Department policies or procedures impose more strict requirements than the Federal standards. Article 18. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this Grant Agreement shall become the sole property of the Commonwealth in accordance with Va. Code §2.2-2822 and Executive Memorandum 4-95. On request, the Sub -recipient shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the Commonwealth to evidence the Commonwealth's sole ownership of specifically identified intellectual property created or developed during the performance of the Grant Agreement. Article 19. RESEARCH ON HUMAN SUBJECTS The Sub -recipient shall comply with the National Research Act, Public Law 93-348, regarding the protection of human subjects involved in research, development, and related activities supported by the Grant Agreement. Article 20. ASSIGNMENT The Grant Agreement shall not be assignable by the Sub -recipient in whole or in part without the written consent of the Department. Article 21. NONDISCRIMINATION A. The Sub -recipient WILL COMPLY WITH ALL Federal Statutes and implementing regulations relating to nondiscrimination. These include, but are not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); 3. Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); Project Director's r TSS 012B (07/01/2017) Page 12 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); 6. The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, sub -recipients and contractors, whether such programs or activities are Federally - funded or not); 7. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; 8. Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low -Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and 9. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR at 74087 to 74100). B. The Sub -recipient entity — 1. Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted. 2. Will administer the program in a manner that reasonably ensures that any of its sub - recipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance; 3. Agrees to comply (and require any of its sub -recipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; 4. Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; 5. Insert in all contracts and funding agreements with other State or private entities the following clause: Project Director's Initials TSS 0126 (07/01/2017) Page 13 "During the performance of this contract/funding agreement, the contractor/funding recipient agrees— a. To comply with all Federal nondiscrimination laws and regulations, as maybe amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs a through e, in every subcontract and sub agreement and in every solicitation for a subcontract or sub -agreement that receives Federal funds under this program." C. Certifies that it has disclosed to the Department any administrative and/or court findings of noncompliance with nondiscrimination or equal opportunity laws, regulations or policies during the two preceding years. If the Sub -recipient has been cited for noncompliance with these laws, regulations or policies, the Sub -recipient will not be eligible to receive funding. Article 22. DRUG-FREE WORKPLACE The Sub -recipient certifies that it will provide a drug-free workplace in accordance with the requirements of 29 CFR, Part 98, Subpart F. Article 23. BUY AMERICA ACT The Sub -recipient will comply with the provisions of the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a sub -recipient, to purchase only steel, iron and manufactured products produced in the United States with Federal funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. The National Highway Traffic Safety Administration (NHTSA) was granted a Buy America Act public interest waiver that became effective July 30, 2015, (Federal Register Vol. 80, No. 125, published June 30, 2015). This waiver allows a State or sub -recipient to purchase any manufactured product with a purchase price of $5,000 or less, excluding a motor vehicle when the product is purchased using Federal grant funds administered under Chapter 4 of Title 23 of the United States Code. The "National Traffic and Motor Vehicle Safety Act of 1966" defines a motor vehicle as a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. See 49 USC 30102(a)(6). Therefore, the purchase of foreign -made cars, motorcycles, trailers and other similar conveyances must be made with a waiver regardless of price. Project Director's e' TSS 012B (07/01/2017) Page 14 It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to the Grant Agreement as follows: The Sub -recipient agrees to ensure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with Federal funds. In this regard, the Sub -recipient shall make good faith efforts, in accordance with 49 CFR Part 26, to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. 9 The Sub -recipient and any subcontractor shall not discriminate on the basis of race, color, national origin, sex, disability, or age in the award and performance of agreementsfunded in whole or in part with Federal funds. These requirements shall be included in any subcontract or sub agreement. Failure to comply with the requirements set forth above shall constitute a breach of the Grant Agreement and, after the notification by the Department, may result in termination of the Grant Agreement by the Department or other such remedy as the Department deems appropriate. A. The Sub -recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any State or Federal department or agency or otherwise excluded by any Federal or State department or agency; 2. Have not within a three (3) year period preceding this Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local public transaction or contract under a public transaction; violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a Federal, State, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Grant Agreement, had one or more Federal, State, or local public transactions terminated for cause or default. B. Where the Sub -recipient is unable to certify to any of the statements in this Article, such Sub - recipient shall attach an explanation to the Grant Agreement. C. The Sub -recipient is prohibited from making any subcontract or sub -award or permitting any subcontract or sub -award to any party that does not certify to the Sub -recipient that such party meets the requirements set forth in Section A., Items 1-4 of this Article. When requested by the Department, Sub -recipient shall furnish a copy of such certification. D. The Sub -recipient shall require any party to a subcontract or purchase order awarded under the Grant Agreement to certify its eligibility to receive Federal grant funds, and, when requested by the Department, to furnish a copy of the certification. Article 26. POLITICAL ACTIVITY (HATCH ACT) The Sub -recipient will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. ` Project Director's Initials TSS 012B (07/01/2017) Page 15 Article 27. FEDERAL LOBBYING CERTIFICATION The Sub -recipient certifies to the best of his or her knowledge and belief that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub - recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the party to the Grant Agreement shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Sub -recipient or agent acting for such Sub -recipient related to any activity designed to influence legislation or appropriations pending before the Congress. D. The Sub -recipient shall require that the language of this certification be included in the award documents for all sub -awards (including subcontracts, sub -grants, and contracts under grant, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant Agreement was made or entered into. Submission of this certification is a prerequisite for entering into this Grant Agreement imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Article 28. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Virginia General Assembly, except in presentation to the General Assembly itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Sub -recipient or agent acting for such Sub -recipient related to any activity designed to influence legislation or appropriations pending before the Virginia General Assembly. Article 29. INTERPRETATION AND ENFORCEABILITY In the event any terms or provisions of this Grant Agreement are breached by either party or in the event that a dispute may arise between the parties regarding the meaning, requirements, or interpretation of Project Director's Initials TSS 012B (07/01/2017) Page 16 any terms and provisions contained in this Grant Agreement, then such breach or dispute shall be resolved pursuant to the terms of this Grant Agreement and the remedies available under the Code of Virginia. If the Sub -recipient is not a government entity, in the event the Department must initiate proceedings to enforce the terms and conditions of this Grant Agreement or seek redress for damages caused by Sub -recipient's breach of this Grant Agreement, the Department shall be entitled to recover all costs including, without limitation, court costs and attorney fees, incurred in such proceedings. Enn �• • a • A. Signature Authorized. The Sub -recipient's authorized approving official, signing the certification page of the Grant Agreement, has the legal authority to apply for Federal Assistance and has the institutional, managerial, and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. B. Headings. The captions and headings used in this Grant Agreement are intended for convenience only and shall not be used for purposes of construction or interpretation. C. Notice. All notices, requests and demands shall be directed as follows: To the Department: Virginia Department of Motor Vehicles ATTENTION: Director, Virginia Highway Safety Office Post Office Box 27412 Richmond, Virginia 23269-QQ01 To Sub -recipient: Any notice, unless otherwise specified herein, will be deemed to have been given on the date such notice is personally delivered or is deposited in the United States certified mail, return receipt requested, properly addressed and with postage prepaid. Project Director's Initials Ro.9 Available Crash Data - Partial Year All Crashes Fatal Crashes Serious Injury Crashes All Injury Crashes nuxe county AICOhol trash Statistics Report of Cras1?t s for Januaq P - June 30t" 31 2014 2015 2016 2017*` 452 513 _ 599 658 5__ 0 1 4 33 33 26 _ 21 158 159 ,Q, Alcohol -Related Crashes 31 31 29 29 Alcohol -Related Fatal Crashes 3 Highest Time Period(s) 9:00pm- 11:59pm No Midnight - 2:59am 9:00pm- 11:59pm Midnight - 2:59am ........ _.. Alcohol -Related _ (66../)....... (100%) (100%) Highest Day(s) Fatalities Friday « Monday Friday Thursday (66%) (100%) (100%) Highest Month(s) May February April (67%) (100%) (100%) Alcohol -Related Serious Injury Crashes F Highest Time Period(s) 3:00pm- 5:59pm 9:00pm- 11:59pm 3:00am - 5:59am 6:00pm- 8:59pm 9:00pm- 11:59pm (50%) (33%) __.. ....... (33%) (100%) Highest Day(s) Friday- Monday Friday e Saturday Sunday Saturday • Wednesday (34%) (44%) _ (33%) (100%) Highest Month(s) April February e June February February • January _ (50%) (44%) (50%) (100%) Alcohol -Related Injury Crashes 15 _ 15 15 18 Highest Time Period(s) 9:00pm- 11:59pm 9:00pm- 11:59pm 3:00am - 5:59am 9:00pm-11:59pm 3:00pm- 5:59pm (33%) (40%) (54%) (39%) Highest Day(s) Friday Saturday Sunday Saturday (27%) _ (27%) (33%) Highest Month(s) April - March March April May (66%) (27%) (27%) (33%) ® Alcohol -Related Fatal Interstate Crashes e Alcohol -Related Serious Injury Interstate Crashes The blue gradient represents the density of all alcohol-related crashes. *This report contains preliminary data. to Alcohol -Related Fatal Non -interstate Crashes o Alcohol -Related Serious Injury Non -interstate Crashes Viigima ITITech This report was generated by the Center for Geospatial Information Technology Roanoke Region 73 68 August, 2017 65 Roanoke County Alcohol Crash Statistics 2 2 Available Crash Data - Calendar Year 2013 2014 2015 2016 All Crashes 1128 1040 1181 1344 Fatal Crashes 8 5 9 4 Serious Injury Crashes 47 63 59 61 All Injury Crashes 308 332 353 428 Alcohol -Related Crashes 73 68 57 65 Alcohol -Related Fatal Crashes 2 2 4 2 3:00am - 5:59am 6:00pm- 8:59pm 3:00pm- 5:59pm (27%) Highest Time Period(s) 6:00pm- 8:59pm Midnight - 2:59am 9:00pm- 11:59pm 9:00pm- 11:59pm (100%) (100%) (50%) (100%) Highest Day(s) Monday Saturday Friday , Monday Friday- Monday (100%) (100%) (50%) (100%) Highest Month(s) August ® November November May February s November ',. (100%) (100%) (50%) (100%) Alcohol -Related Serious Injury Crashes 10 14 12 1 Alcohol -Related Injury Crashes 26 32 3:00pm- 5:59pm 35 Highest Time Period(s) 9:00pm- 11:59pm 3:00pm- 5:59pm 9:00pm- 11:59pm Midnight - 2:59am (30%) (50%) (50%) (27%) Highest Day(s) Monday ® Saturday Monday a Wednesday Saturday a Tuesday Sunday (60%) (42%) (50%) (45%) Highest Month(s) August April - September February ^ June July (30%) (42%) (34%) (45%) Alcohol -Related Injury Crashes 26 32 26 35 Highest Time Period(s) 9:00pm- 11:59pm 9:00pm- 11:59pm 9:00pm- 11:59pm Midnight - 2:59am (27%) (31%) (27%) (23%) Highest Day(s) Saturday Monday Saturday Sunday (31%) (19%) (27%) (34%) Highest Month(s) September April ® March September July (19%) (32%) (19%) (20%) o Alcohol -Related Fatal Interstate Crashes o Alcohol -Related Fatal Non -interstate Crashes ® Alcohol -Related Serious Injury Interstate Crashes o Alcohol -Related Serious Injury Non -interstate Crashes The blue gradient represents the density of all alcohol-related crashes. Vi Tech UP This report was geneated by the Center for Geospatial Information Technology ANT PROCESSING REQUEST FOR Department of Finance DATE: 8121117 DEPARTMENT: Police GRANT PROGRAM: Selective Enforcement - Occupant Protection GRANTING AGENCY: AGENCY CONTACT: AGENCY PHONE NO: Department of Motor Vehicles Steve Williams 540.632-3042 EXAMPLE OF NUMBER IF FEDERAL GRANT... CFDA # 20.607 Dept: Department of Education (Agency No.) 84.XXX (Grant Program No.) PROGRAM TITLE: Selective Enforcement - Occupant Protection FUNDING REQUEST: FEDERAL STATE LOCAL MATCH OTHER TOTAL REQUEST 11,700.00 5,850.00 17,550.00 IF LOCAL MATCH IS REQUIRED, ARE FUNDS AVAILABLE IN DEPARTMENT BUDGET? YIN Y ACCOUNT TO WHICH THE MATCH WILL BE CODED: In -Kind - Fuel and Vehicle Maintenance INDIRECT COSTS? YIN No AMOUNT REIMBURSEMENT GRANT? YIN Yes FINANCIAL & PROGRESS REPORTS PREPARED BY: REQUEST FOR FUNDS SUBMITTED BY: X Department Finance X Department Finance PROJECT DIRECTOR: Raymond S Torres PHONE: FAX: EMAIL: 540-777.5279 rtorres@roanokecountyva.gov DEPT. DIRECTOR OR THEIR DESIGNEE SIGNATURE: DATE: APPROVING SUBMISSON: REVIEWED & APPROVED BY FINANCE: SIGNATURE: DATE: REVIEWED & APPROVED BY COUNTY SIGNATURE: DATE: ADMINISTRATION: www.dmvNoW.com Virginia Department of Motor Vehicles Post Office Box 27412 Richmond, Virginia 23269-0001 rla=li�1���1 Purpose: Virginia's Highway Safety Program Subrecipients use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement. Instructions: Subrecipients must read the contract, complete all applicable information on the first and last page, initial the subsequent pages, and return all pages to the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter "Department"), 2300 West Broad Street, Richmond, Virqinia 23220, and the following: Subrecipient: Roanoke County Federal Award Identification Number (FAIN): 18X9204020VA18 Project Title: Selective Enforcement - Occupant Protection Project Number: FOP -2018-58076-8076 CFDA#: 20.600 Grant Award Amount: $11,700 CFDA Name: State and Community Highway Safety Fed ml Fun , 01.Aigatext $11,700 Total Fader,.d nd's Ob iga-,edi S11_. 0 Period of Performance: Sounce of funds obligated to this award: From October 1, 2017, or the date the Highway Safety Grant U.S. Department of Transportation Agreement is signed by the Director, Virginia Highway Safety Office National Highway Traffic Safety Administration (NHTSA) (whichever is later) through September 30, 2018. Allow 21 days for the Department to complete its review and signature. FINAL Date of Award Letter from NHTSA: September 30, 2017 VOUCHER IS DUE ON OR BEFORE NOVEMBERS, 2018. In performing its responsibilities under this Highway Safety Grant Agreement, the Subrecipient certifies and assures that it will fully comply with the following: • Applicable Department regulations and policies and State and Federal laws, regulations, and policies • Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant Agreement • General Terms and Conditions, also included with this Highway Safety Grant Agreement Subrecipient's signature below indicates that the Subrecipient has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter "Grant Agreement"), consisting of this certification, the attached Statement of Work and Special Conditions, the attached General Terms and Conditions, the attached Project Budget, the Subrecipient's proposal and the letter awarding the grant to the Subrecipient constitutes the entire agreement between the Department and the Subrecipient, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over another: (1) applicable Department regulations and policies, except where superseded by Federal laws, regulations, or policies; (2) applicable State laws, regulations, and policies, except where superseded by Federal laws, regulations, or policies; (3) applicable Federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terms and Conditions; (6) Project Budget; (7) Subrecipient's proposal; and (8) grant award letter. Subrecipient certifies that this grant does not include research and development. For Subrecipient: 10 Name and ' le of Project Director (print) Signature Date Subrecipient's DUNS Number'�f Does your locality/legal entity expend $759,,000 or more annually in total federal funds? (check one) VYes No Name and Title of Authorized Approving Official (print) nature Date For Virginia Department of Motor Vehicles: John Saunders Director, Virginia Highway Safety Office (print) Signature Date e .0 o 0 0 '' = o v = LL LO Oo oD 0 N Z a c o 0 0 U. 0 0 or 0 0 E ■i LL r P .M ® ® jj O O O O o L% O LO w I- W w LO Ni O O C O Q V M LNLO ; co w Ld V C :- L - M d .O L a N w e U) d >L. c 0 r �` o o m m g Q o m E C: . m = E m co C7 C d' m c 9 - CL CL a) U 7 -O to O O O T- o f6 O.5; 3 O C NV C N CM U O - O` C_ d N O c f0 E O O N r O U cc O O > > 'C O N N y C CD co J Cl) LL 7 ■ cN c LL o ® 0 � rn ED d O t 0 TSS 012E -OP (07/01/2017) Page 3 Sub -recipient Name: "Va Project #: 1. Goals and Specific Program Elements. The goals and specific program elements of the sub -recipient's proposal are incorporated as the first item in this Statement of Work and Special Conditions. a. List Specific Program Elements: For October 1, 2017 through December 31, 2017 Estimated IC number of overtime hours to be used Estimated a number of checkpoints Estimated J�_ number of saturation/individual patrols For January 1, 2018 through March 31, 2018 Estimated 11- number of overtime hours to be used Estimated I number of checkpoints Estimated number of saturation/individual patrols For April 1, 2018 through June 30, 2018 Estimated I number of overtime hours to be used Estimated number of checkpoints Estimated Iq number of saturation/individual patrols For July 1, 2018 through September 30, 2018 Estimatednumber of overtime hours to be used Estimated ) number of checkpoints Estimated number of saturation patrols b. To conduct a minimum of checkpoints and/or i Q saturation/individual patrols for the Click It or Ticket Mobilization in May 2018. c. To conduct a minimum of k checkpoints and/or I O saturation/individual patrols for during the Checkpoint Strike Force Campaign. d. To have number of sworn officers attend Of number DMV approved traffic safety related training events (e.g. ACTS, NHTSA Safety Summit, Field Sobriety Testing). e. Increase from number of radar units in active use from to (If approved, all units must be ordered by December 31, 2017 and put in service by March 31, 2018). Project Director Initial Date TSS 012E -OP (07/01/2017) Page 3A Sub -recipient Name: . O-1 fi r . Project #: D � i _.58`01 4_674 2. The sub -recipient must contribute to the overall State Highway Safety Plan goals. AGENCY GOAL: __ MW ® Sub -recipients must participate in the mandatory Click it or Ticket (CIOT) activities to include pre and post seatbelt surveys, and the reporting of citation data after enforcement periods. ® Sub -recipients must submit Click it or Ticket (CIOT) selective enforcement data electronically through TREDS (Traffic Records Electronic Data System). ® BASED ON UNRESTRIANED OCCUPANT CRASH DATA (using crash data from VAHSO or other approved local crash information): percent of occupant protection selective enforcement activities are to be conducted between the hours of f with special emphasis on the following days of the week:, ', e 0 The remaining Zpercent of selective enforcement hours may must be scheduled during other DMV approved identified high -crash time periods. ® Grant -funded equipment must be ordered by December 31, 2017, and put in service by March 31, 2018 and documentation maintained concerning its use. ® All sub -recipients must submit a completed monitoring report (TSS 14-A) to their DMV Grant Monitor by specific assigned dates. ® Sub -recipients must attend all mandatory DMV grant -related trainings. Zero tolerance (no warnings) for violators during grant -funded overtime. Project Director Initial Date TSS 0128 (07/01/2017) Page 4 21 ofil ill 01 LTJ A. 6 • • Purpose and Background. The Department is awarding this grant to support the implementation of highway safety projects by State, local, non-profit, and higher education partnerships. Funds are made available for projects that: (1) support statewide goals; (2) identify problems experienced by High Emphasis Communities, which are jurisdictions with the highest crash severity problem; (3) creatively incorporate alcohol awareness and occupant protection safety; (4) are innovative with potential statewide application or ability to transfer to other jurisdictions; and (5) have statewide significance and address the Federal program areas under Section 1906, Public Law 109-59 (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users - SAFETEA-LU), as amended by Section 4011, Public Law 114-94 (Fix America's Surface Transportation (FAST) Act). 2. Paid Media. Grants consisting of $100,000 or more in paid media funds will be required to perform pre- and post -surveys during the Grant Period. The level of assessment is based on the cost of a paid advertising campaign as follows: a. Level 1, for a paid advertising campaign of up to $100,000: At a minimum, an assessment must measure and document audience exposure to paid advertised messages and the number of airings or print ads devoted to each announcement. The size of the audience needs to be estimated using a source appropriate for the medium used, such as Arbitron or Nielsen ratings for radio and TV. More specifically, all paid advertising for which the State or Sub -recipient used 154, 402 and 405 funds must include documentation stating how many paid airings or print ads occurred and the size of the audience reached. Include the number of free airings or print ads that occurred and the size of the audience reached. b. Level 2, for a paid advertising campaign greater than $100,000: In addition to providing the above Level 1 documentation, a more extensive assessment is required to measure target audience reaction. One or more of the activities in the following list may be used to assess how the target audience's knowledge, attitude, or actions were affected by the message(s): ➢ Mail surveys; ➢ Telephone surveys; ➢ Focus groups; ➢ Mall intercept interviews; ➢ Direct mailings; ➢ Call-in centers; ➢ Newspaper polls; ➢ Household interviews; ➢ Before and after approach, which compares system status before and after the introduction of the message; and ➢ Control region approach, which relates one study site exposed to the message to a similar site that is not exposed to the message. 3. Equipment. Costs for equipment are allowable under specified conditions. Costs for new and replacement equipment with a useful life of more than one year and an acquisition cost of $5,000 or more must be pre -approved before a Sub -recipient purchases the equipment. Such approval shall be obtained by the Department from the National Highway Traffic Safety Administration (NHTSA) regional manager in writing, and Sub -recipient will be notified by the Department when this approval has been secured. Federal government requirements mandate that the Department maintain an accurate accounting and inventory of all equipment purchased using Federal funds, and Sub -recipient shall comply with applicable reporting requirements that may be specified in the Highway Safety Policy and Procedures Manual and amendments thereto. Sub -recipient must request advance, written approval from the Department to sell, transfer or dispose of any and all non -expendable equipment purchased in whole or in part with the use of Federal Project Director's Initials TSS 0126 (07/01/2017) Page 5 highway safety funds. Disposition of funds from the sale of equipment to another entity must be agreed upon by the Department and the Sub -recipient and approved by NHTSA and the Department. In the event of a conflict between this section, 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) and 2 CFR Part 1201 (Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards -- referred to as the "Supercircular"), the provisions of the applicable CFR control, except where inconsistent with statute. 4. Reports and Deliverables. Quarterly Progress and Monitor Reports shall be provided to the Department by the dates indicated: January 31, April 30, July 31, and November 5. Each Progress and Monitor Report shall address the Sub -recipient's progress in fulfilling items listed in the Statement of Work and Special Conditions, including funded elements of the Sub -recipient's proposal. These reports should include the findings from the evaluation component of the proposal and should indicate the criteria and methods by which the progress of the initiative has been evaluated. The format for Progress and Monitor Reports will be provided to the Sub -recipient, but, at a minimum, will require an assessment of the program's plan with actual accomplishments during the past quarter, partnership involvement and satisfaction, expected follow-up, changes/problems with the plan and how they will be addressed, a financial summary of expenditures for the reporting period and planned accomplishments during the next quarter. The final Progress and Monitor Report shall include a comprehensive, detailed report of all grant activities conducted during the full grant performance period, including a final summary of expenditures. Monitoring. The Department shall, throughout the Grant Period under this Grant Agreement and any extension of the program which is the subject of the Grant Agreement, monitor and evaluate the events, activities and tasks performed in connection with the program to include financial feasibility and progress of the grant and the Sub -recipient's continuing fiscal responsibility and compliance with applicable requirements and the terms and conditions of this Grant Agreement. Such monitoring and evaluation shall not in any manner relieve or waive any obligations of Sub -recipient under this Grant Agreement or pursuant to applicable State and Federal law, regulations or rules. Any representation to the contrary by the Sub -recipient to any third party is strictly prohibited and may be grounds for the termination of this Grant Agreement by the Department. 5. Audit. Sub -recipients expending $750,000 or more in Federal awards (single or multiple awards) in a year are required to obtain an annual audit in accordance with the Single Audit Act (Public Law 98-502) and subsequent amendments (refer to 2 CFR Part 200 and 2 CFR Part 1201), and the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financial Statement Audit. The audit report must be submitted to DMV by March 15. Sub -recipients are encouraged to submit their audit report to the Federal Audit Clearinghouse (FAC) at http://harvester.census.gov/sac/. Failure to meet the single audit requirements could result in your entity having to repay grant monies and/or losing access to future Federal funding. The State auditor may conduct an audit or investigation of any entity receiving funds from the Department, either directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. Acceptance of funds directly or indirectly under the Grant Agreement constitutes acceptance of the authority of the State auditor to conduct an audit or investigation in connection with those funds. In the event an audit reveals unallowable expenditures, the Sub -recipient will be responsible for repayment to the Department of such unallowable expenditures. 6. Closeout. Sub -recipients are required to submit final requests for reimbursements and final Progress Reports according to the schedule identified in this Grant Agreement. Requests for reimbursements submitted after November 5 will be denied. Project Director's Initials TSS 0126 (07/01/2017) Page 6 The Sub -recipient shall comply with all Federal, State, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of the Grant Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Sub -recipient shall furnish the Department with satisfactory proof of its compliance therewith. The Sub -recipient hereby assures and certifies that it will comply with all applicable laws, regulations, policies, guidelines, and requirements, including 23 U.S.C. (United States Code) Chapter 4, Highway Safety Act of 1966, as amended; 23 U.S.C. 405, National Priority Safety Programs; 2 CFR Part 200 and 2 CFR Part 1201; the Federal Highway Safety Grant Funding Guidance (Revised 2013); the Federal Uniform Guidelines for State Highway Safety Programs; the Procedures for the Transportation Safety Grants Program and subsequent amendments; and the Guidelines for the Submission of Highway Safety Grant Applications, as they relate to the application, acceptance, and use of Federal or State funds for this project. Also, the Sub -recipient assures and certifies that: A. It possesses legal authority to apply for the grant and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Sub -recipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the authorized approving official of the Sub -recipient to act in connection with the application and to provide such additional information as may be required. B. It will comply with the Federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. C. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. D. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. E. It will comply with the Virginia State and Local Government Conflict of Interests Act, Va. Code §§ 2.2-3100 et seq., which defines and prohibits inappropriate conflicts and requires disclosure of economic interests and is applicable to all State and local government officers and employees. F. It will give the Department the access to and the right to examine all records, books, papers, or documents related to the Grant Agreement. G. It will ensure that all public records prepared or owned by, or in the possession of, the applicant relative to this project shall be open to inspection and copying by any citizens of the Commonwealth during regular office hours in accordance with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., unless otherwise specifically provided by law. H. If applicable, it will comply with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., which require all meetings of public bodies to be open and every public body to give notice of its meetings and to record minutes at all open meetings. Article 3. GRANT AWARD COMPENSATION A. The method of payment for the Grant Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Grant Agreement. The amount stated in the Project Budget will be deemed to be the amount of the award to the Sub -recipient. B. Reimbursement for travel costs shall be subject to the requirements and limitations set forth in the State Travel Regulations established by the Virginia Department of Accounts. Project Director's Initials TSS 0126 (07/01/2017) Page 7 C. All payments will be made in accordance with the terms of the Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the total amount stated in the Project, unless the Grant Agreement is amended as described in Article 5, Amendments and Modifications to Grant Agreement. D. To be eligible for reimbursement under the Grant Agreement, a cost must be incurred in accordance with the Grant Agreement, within the time frame specified in the Grant Period as stated in the Grant Agreement, attributable to work covered by the Grant Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. E. Federal or Department funds cannot supplant (replace) funds from any other sources. The term "supplanting" refers to the use of Federal or Department funds to support personnel or an activity already supported by local or State funds. F. Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and 2 CFR Part 1201. G. A Sub -recipient may request an Indirect Cost Rate for grants that are not enforcement related. The Sub -recipient must submit a copy of their Federally negotiated indirect cost rate. A Sub - recipient that does not have a Federally negotiated indirect cost rate, may submit a letter requesting a de minimis indirect cost rate of 10% of modified total direct costs (2 CFR § 200.414(f)). Payment for indirect costs will not be made until the aforementioned documents have been received by the Department. Indirect cost references and information can be found in 2 CFR Part 200. H. The Sub -recipient will provide a monetary and/or in-kind match to the funded proposal. The required matching percentage of the project cost will be determined by the Department. Grant funds may not be used before the Sub -recipient can demonstrate that funds for the corresponding portion of the matching requirement have been received by Sub -recipient. A matching report must be submitted with each reimbursement voucher. The Sub -recipient agrees to submit Requests for Reimbursement on a quarterly basis or no more than one request per month, as outlined in the Highway Safety Policy and Procedures Manual. The original Request for Reimbursement, with the appropriate supporting documentation, must be submitted to the DMV Grants Management Office. The Sub -recipient agrees to submit the final Request for Reimbursement under the Grant Agreement within thirty- five (35) days of the end of the Grant Period or November 5. All grant funds must be encumbered by the end of the grant period (September 301, complete with supporting invoices. At the end of the Grant Period, any unexpended or unobligated funds shall no longer be available to the Sub -recipient. In no case shall the Sub -recipient be reimbursed for expenses incurred prior to the beginning or after the end of the Grant Period. J. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement Payments, however, are contingent upon the availability of appropriated funds. K. Grant Agreements supported with Federal or State funds are limited to the length of the Grant Period specified in the Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Sub -recipient may apply for funding assistance beyond the initial Grant Period. Preference for funding will be given to those projects for which the Sub -recipient has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. L. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, including this Grant Agreement, the Sub -recipient shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount of Federal funds provided for the project or program. Project Director's Initials TSS 012B (07/01/2017) Page 8 Article 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of appropriated funds. If, at any time during the Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Sub -recipient, giving notice of intent to terminate the Grant Agreement, as specified in Article 11, Termination. The Grant Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment form designated by the Department. Any amendment must be executed by the parties within the Grant Period specified in the Grant Agreement. Any proposed modifications or amendments to this Grant Agreement as defined in Article 6, Additional Work and Changes in Work, including the waiver of any provisions herein, must be submitted to the Department in writing and approved as herein prescribed prior to Sub -recipient's implementation of the proposed modification or amendment. Any alterations, additions, or deletions to the Grant Agreement that are required by changes in Federal or State laws, regulations or directives are automatically incorporated on the date designated by the law, regulation or directive. The Department may unilaterally modify this Grant Agreement to de -obligate funds not obligated by the Sub -recipient as of the close of the Grant Period specified in this Grant Agreement. In addition, the Department may de -obligate funds in the event of termination of the Grant Agreement pursuant to Article 11, Termination. If the Sub -recipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and constitutes additional work, the Sub -recipient shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise the Sub - recipient and a written amendment to the Grant Agreement will be executed according to Article 5, Amendments and Modifications to Grant Agreement, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Sub -recipient has submitted work in accordance with the terms of the Grant Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the Grant Agreement, the Sub -recipient shall make such revisions as requested and directed by the Department. This will be considered additional work and will be paid for as specified in this Article. If the Sub -recipient submits work that does not comply with the terms of the Grant Agreement, the Department shall instruct the Sub -recipient to make such revisions as are necessary to bring the work into compliance with the Grant Agreement. No additional compensation shall be paid for this work. The Sub -recipient shall make revisions to the work authorized in the Grant Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Sub -recipient or any costs incurred by the Sub -recipient relating to additional work not directly associated with or prior to the execution of an amendment. Article 7. REPORTING AND NOTIFICATIONS Sub -recipients shall submit performance reports using forms provided and approved by the Department as outlined in the Statement of Work and Special Conditions, Section 4, deports and Deliverables. The Sub -recipient shall promptly advise the Department in writing of events that will have a significant impact upon the Grant Agreement, including: Project Director's Initials TSS 0126 (07/01/2017) Page 9 A. Problems, delays, or adverse conditions, including a change of project director or other changes in Sub -recipient personnel that will materially affect the Sub -recipient's ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or Federal assistance needed to resolve the situation. B. Favorable developments or events that enable Sub -recipient to meet time schedules and objectives earlier than anticipated or to accomplish greater performance measure output than originally projected. WORTY-19055roluip The Sub -recipient agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, and Sub -recipient shall make such records available at its office for the time period specified in the Grant Agreement. The Sub - recipient further agrees to retain such records for three (3) years from the date of final payment under the Grant Agreement, until completion of all audits, or until any pending litigation has been completely and fully resolved, whichever occurs last. Any representative of the U.S. Secretary of Transportation, the Comptroller General of the United States, the General Accounting Office, the Virginia Office of the Secretary of Transportation, the Virginia Department of Motor Vehicles, the Virginia State Comptroller or the Virginia Auditor of Public Accounts shall have access to and the right to examine any and all books, documents, papers and other records (including computer records) of the Sub -recipient that are related to this Grant Agreement, in order to conduct audits and examinations and to make excerpts, transcripts, and photocopies. This right also includes timely and reasonable access to the Sub -recipient's personnel and program participants for the purpose of conducting interviews and discussions related to such documents. The Department's right to such access shall last as long as the records are retained as required under this Grant Agreement. Article 9. INDEMNIFICATION The Sub -recipient, if other than a government entity, agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the acts or omission of the Sub - recipient, its officers, agents or employees. The Sub -recipient, if other than a government entity, further agrees to indemnify and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any costs including, but not limited to, attorney fees and court costs, incurred by the Department in connection with any such claims or actions. If the Sub -recipient is a government entity, both parties to the Grant Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 10. DISPUTES AND REMEDIES The Sub -recipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Sub -recipient in support of Grant Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Director of the Virginia Highway Safety Office or his or her designee acting as final referee. Article 11. TERMINATION The Department may terminate the Grant Agreement, in whole or in part, for cause if the Sub -recipient fails to fulfill its obligations under the Grant Agreement; fails to comply with any applicable Department policy or procedure or any applicable Federal, State or local law, regulation or policy; or fails to correct a violation of any such law, regulation, policy or procedure. This does not limit any other termination rights that the Department may have under State or Federal laws, regulations or policies. Projectr �. TSS 0126 (07/01/2017) Page 10 The Grant Agreement shall remain in effect until the Sub -recipient has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: ➢ The Department terminates the Grant Agreement for cause and informs the Sub -recipient that the project is terminated immediately; or ➢ The Department determines that the performance of the project is not in the best interest of the Department and informs the Sub -recipient that the project is terminated immediately; or ➢ The Grant Agreement is terminated in writing with the mutual consent of both parties; or ➢ There is a written thirty (30) day notice to terminate by either party. The Department shall compensate the Sub -recipient for only those eligible expenses incurred during the Grant Period specified in the Grant Agreement which are directly attributable to the completed portion of the work covered by the Grant Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Sub -recipient shall not incur nor be reimbursed for any new obligations after the effective date of termination. Article 12. SUBCONTRACTS No portion of the work specified in the Grant Agreement shall be subcontracted without the prior written consent of the Department. In the event that the Sub -recipient desires to subcontract part of the work specified in the Grant Agreement, the Sub -recipient shall furnish the Department the names, qualifications and experience of their proposed subcontractors. For purposes of the Grant Agreement, subcontractor(s) shall include, but are not limited to, recipients of mini grants and parties to cooperative agreements and memoranda of understanding. The Sub -recipient, however, shall remain fully responsible for the work to be done by its subcontractor(s) and shall assure compliance with all the requirements of the Grant Agreement. In any agreement entered into with a subcontractor, the Sub -recipient shall include or incorporate by reference all language contained in the Statement of Work and Special Conditions and in the General Terms and Conditions portions of this Highway Safety Grant Agreement, and the subcontractor shall agree to be bound by all requirements contained therein. Article 13. NONCOLLUSION The Sub -recipient certifies that its grant application was made without collusion or fraud, and it has not conferred on any public employee having official responsibility for the Highway Safety Grant process any loan, gift, favor, service or anything of more than nominal value, present or promised, in connection with its application. If Sub -recipient breaches or violates this certification, the Department shall have the right to annul this Grant Agreement without liability. Article 14. SUB -RECIPIENT'S RESOURCES The Sub -recipient certifies that it presently has adequate qualified personnel in its employment to perform the work required under the Grant Agreement, or that Sub -recipient will be able to obtain such personnel from sources other than the Department. All employees of the Sub -recipient shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Sub -recipient who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the project shall immediately be removed from association with the project. Unless otherwise specified, the Sub -recipient shall furnish all equipment, materials, supplies, and other resources required to perform the work. Project Director's Initials TSS 0128 (07/01/2017) Page 11 Article 15. SUB -RECIPIENT SEAT BELT USE The Sub -recipient agrees to adopt and enforce an on-the-job seat belt use policy requiring all employees to wear a seat belt when operating any vehicle owned, leased or rented by the Sub -recipient, including police vehicles. The Sub -recipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. The Sub -recipient shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to the Grant Agreement in accordance with Virginia law and Department policies and procedures, provided that such laws, policies and procedures are not in conflict with Federal standards, as appropriate, in 2 CFR Part 200 and 2 CFR Part 1201. In the event of conflict, such Federal standards shall apply unless Virginia law or Department policies or procedures impose more strict requirements than the Federal standards. All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this Grant Agreement shall become the sole property of the Commonwealth in accordance with Va. Code §2.2-2822 and Executive Memorandum 4-95. On request, the Sub -recipient shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the Commonwealth to evidence the Commonwealth's sole ownership of specifically identified intellectual property created or developed during the performance of the Grant Agreement. Article 19. RESEARCH ON HUMAN SUBJECTS The Sub -recipient shall comply with the National Research Act, Public Law 93-348, regarding the protection of human subjects involved in research, development, and related activities supported by the Grant Agreement. Article 20. ASSIGNMENT The Grant Agreement shall not be assignable by the Sub -recipient in whole or in part without the written consent of the Department. Article 21. NONDISCRIMINATION A. The Sub -recipient WILL COMPLY WITH ALL Federal Statutes and implementing regulations relating to nondiscrimination. These include, but are not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); 3. Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title iX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); Project Director's Initials TSS 0128 (07/01/2017) Page 12 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); 6. The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, sub -recipients and contractors, whether such programs or activities are Federally - funded or not); 7. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; 8. Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low -Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and 9. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR at 74087 to 74100). B. The Sub -recipient entity- 1. ntity- 1. Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted. 2. Will administer the program in a manner that reasonably ensures that any of its sub - recipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance; 3. Agrees to comply (and require any of its sub -recipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; 4. Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; 5. Insert in all contracts and funding agreements with other State or private entities the following clause: Project Director's Initials TSS 012B (07/01/2017) Page 13 "During the performance of this contract/funding agreement, the contractor/funding recipient agrees— a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs a through e, in every subcontract and sub agreement and in every solicitation for a subcontract or sub -agreement that receives Federal funds under this program." C. Certifies that it has disclosed to the Department any administrative and/or court findings of noncompliance with nondiscrimination or equal opportunity laws, regulations or policies during the two preceding years. If the Sub -recipient has been cited for noncompliance with these laws, regulations or policies, the Sub -recipient will not be eligible to receive funding. Article 22. DRUG-FREE WORKPLACE The Sub -recipient certifies that it will provide a drug-free workplace in accordance with the requirements of 29 CFR, Part 98, Subpart F. Article 23. BUY AMERICA ACT The Sub -recipient will comply with the provisions of the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a sub -recipient, to purchase only steel, iron and manufactured products produced in the United States with Federal funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. The National Highway Traffic Safety Administration (NHTSA) was granted a Buy America Act public interest waiver that became effective July 30, 2015, (Federal Register Vol. 80, No. 125, published June 30, 2015). This waiver allows a State or sub -recipient to purchase any manufactured product with a purchase price of $5,000 or less, excluding a motor vehicle when the product is purchased using Federal grant funds administered under Chapter 4 of Title 23 of the United States Code. The "National Traffic and Motor Vehicle Safety Act of 1966" defines a motor vehicle as a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. See 49 USC 30102(a)(6). Therefore, the purchase of foreign -made Gars, motorcycles, trailers and other similar conveyances must he made With n wniyer regardless of price. Project Director's TSS 0128 (07/01/2017) Page 14 It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to the Grant Agreement as follows: The Sub -recipient agrees to ensure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with Federal funds. In this regard, the Sub -recipient shall make good faith efforts, in accordance with 49 CFR Part 26, to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. The Sub -recipient and any subcontractor shall not discriminate on the basis of race, color, national origin, sex, disability, or age in the award and performance of agreements funded in whole or in part with Federal funds. These requirements shall be included in any subcontract or sub agreement. Failure to comply with the requirements set forth above shall constitute a breach of the Grant Agreement and, after the notification by the Department, may result in termination of the Grant Agreement by the Department or other such remedy as the Department deems appropriate. Article 25. DEBARMENT AND SUSPENSION A. The Sub -recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any State or Federal department or agency or otherwise excluded by any Federal or State department or agency; 2. Have not within a three (3) year period preceding this Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local public transaction or contract under a public transaction; violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a Federal, State, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Grant Agreement, had one or more Federal, State, or local public transactions terminated for cause or default. B. Where the Sub -recipient is unable to certify to any of the statements in this Article, such Sub - recipient shall attach an explanation to the Grant Agreement. C. The Sub -recipient is prohibited from making any subcontract or sub -award or permitting any subcontract or sub -award to any party that does not certify to the Sub -recipient that such party meets the requirements set forth in Section A., Items 1-4 of this Article. When requested by the Department, Sub -recipient shall furnish a copy of such certification. D. The Sub -recipient shall require any party to a subcontract or purchase order awarded under the Grant Agreement to certify its eligibility to receive Federal grant funds, and, when requested by the Department, to furnish a copy of the certification. Article 26. POLITICAL ACTIVITY (HATCH ACT) The Sub -recipient will comply with provisions of the Hatch Act (5 U.S.C. 1501-1503), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Project Director's Initials TSS 0126 (07/01/2017) Page 15 Article 27. FEDERAL LOBBYING CERTIFICATION The Sub -recipient certifies to the best of his or her knowledge and belief that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub - recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the party to the Grant Agreement shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Sub -recipient or agent acting for such Sub -recipient related to any activity designed to influence legislation or appropriations pending before the Congress. D. The Sub -recipient shall require that the language of this certification be included in the award documents for all sub -awards (including subcontracts, sub -grants, and contracts under grant, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant Agreement was made or entered into. Submission of this certification is a prerequisite for entering into this Grant Agreement imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Article 28. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Virginia General Assembly, except in presentation to the General Assembly itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Sub -recipient or agent acting for such Sub -recipient related to any activity designed to influence legislation or appropriations pending before the Virginia General Assembly. In the event any terms or provisions of this Grant Agreement are breached by either party or in the event that a dispute may arise between the parties regarding the meaning, requirements, or interpretation of _,,rolect Director's Initials f TSS 012B (07/01/2017) Page 16 any terms and provisions contained in this Grant Agreement, then such breach or dispute shall be resolved pursuant to the terms of this Grant Agreement and the remedies available under the Code of Virginia. If the Sub -recipient is not a government entity, in the event the Department must initiate proceedings to enforce the terms and conditions of this Grant Agreement or seek redress for damages caused by Sub -recipient's breach of this Grant Agreement, the Department shall be entitled to recover all costs including, without limitation, court costs and attorney fees, incurred in such proceedings. A. Signature Authorized. The Sub -recipient's authorized approving official, signing the certification page of the Grant Agreement, has the legal authority to apply for Federal Assistance and has the institutional, managerial, and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. B. Headings. The captions and headings used in this Grant Agreement are intended for convenience only and shall not be used for purposes of construction or interpretation. C. Notice. All notices, requests and demands shall be directed as follows: To the Department: Virginia Department of Motor Vehicles ATTENTION: Director, Virginia Highway Safety Office Post Office Box 27412 Richmond, Virginia 23269-0001 To Sub -recipient: 4b*1'a rnNj, L,,, sc �J, � 3QLz `w \) �, Any notice, unless otherwise specified herein, will be deemed to have been given on the date such notice is personally delivered or is deposited in the United States certified mail, return receipt requested, properly addressed and with postage prepaid. Project Director's Initials Available Crash Data - Calendar Year 2013 2014 2015 2016 All Crashes 1128 1040 1181 1344 Fatal Crashes (fatalities) 8 (10) 5 (5) 9 (10) 4 (4) Serious Injury Crashes (injuries) 47 (53) 63 (70) 59 (66) 61 (72) All Injury Crashes (injuries) 308 (440) 332 (443) 353 (472) 428 (570) Unrestrained -Related Crashes 24 34 27 38 Unrestrained -Related Fatal Crashes (fatalities) 2 (3) 4 (4) 3 (3) 3:00am - 5:59am 6:00am - 8:59am Highest Time Period(s) 6:00pm- 8:59pm No 9:00pm- 11:59pm 6:00pm- 8:59pm (100%) Unrestrained (50%) (66%) Highest Day(s) Monday s Saturday Fatalities Friday e Monday Friday - Saturday (100%) (50%) (66%) Highest Month(s) August ® November May December (100%) (50%) (67%) Unrestrained -Related Serious Injury Crashes (injuries) 4 17 (17) O ( e ) 9:00am-11:59am 3:00pm- 5:59pm 9:00pm- 11:59pm Highest Time Period(s) 9:00pm-11:59pm 6:00pm- 8:59pm Noon- 2:59pm Noon- 2:59pm (50%) (48%) (66%) (36%) Highest Day(s) Thursday Monday - Sunday Monday a Saturday Saturday , Wednesday (38%) (48%) (44%) (54%) Highest Month(s) November August December a May January (25%) (24%) (44%) (18%) Unrestrained -Related Injury Crashes (injuries) 23 (35) 34 (57) 24 (37) 36 (57) Highest Time Period(s) 3:00pm- 5:59pm 3:00pm- 5:59pm 9:00pm- 11:59pm Noon- 2:59pm (22%) (24%) (25%) (22%) Highest Day(s) Monday - Thursday Friday Monday Friday (44%) (21%) (29%) (19%) Highest Month(s) December August e February September December (22%) (30%) (21%) (19%) ® Unrestrained -Related Fatal Interstate Crashes a Unrestrained -Related Fatal Non -interstate Crashes Vf Teh ® Unrestrained -Related Serious Injury Interstate Crashes o Unrestrained -Related Serious Injury Non -interstate Crashes w The blue gradient represents the density of all unrestrained -related crashes. Thisrep.ft—gen—td by the Center for Geospatial Information Technology Available Crash Data - Partial Year 2014 2015 2016 2017* All Crashes 452 513 599 658 Fatal Crashes (fatalities) 0 (0) 5 (6) 1 (1) 4 (5) Serious Injury Crashes (injuries) 33 (35) 33 (36) 26 (30) 21 (21) All Iniury Crashes (inifirips) 15R (213) 159 (2231 181 (248) 246 (330) Unrestrained -Related Crashes 12 13 16 19 Unrestrained -Related Fatal Crashes (fatalities) 3 (3) 1 (1) 1 (2) 9:00pm- 11:59pm Highest Time Period(s) No Midnight - 2:59am 9:00pm- 11:59pm 6:00am - 8:59am Unrestrained (66) (100%) (100%) Highest Day(s) Fatalities Friday m Monday Friday Saturday (66%) (100%) (100%) Highest Month(s) May February February (67%) (100%) (100%) Unrestrained -Related Serious Injury Crashes (injuries) q5) (5)) Highest Time Period(s) 9:00am - 11:59am 9:00pm- 11:59pm 3:00pm- 5:59pm Midnight - 2:59am (40%) (60%) (40%) (100%) Highest Day(s) Friday Wednesday Monday - Wednesday Wednesday (40%) (40%) (80%) (100%) Highest Month(s) February May January March (40%) (40%) (40%) (100%) Unrestrained -Related Injury Crashes (injuries) 12 (20) 10 (16) 15 (23) 18 (20) 6:00am - 8:59am 3:00pm- 5:59pm Highest Time Period(s) 3:00pm- 5:59pm 9:00pm- 11:59pm 9:00pm-11:59pm 9:00pm- 11:59pm (25%) (60%) (27%) (44%) Highest Day(s) Friday > Monday Monday a Saturday Sunday ® Wednesday Monday - Saturday (50%) (60%) (54%) (44%) Highest Month(s) February May April - January May (42%) (40%) (40%) (33%) ® Unrestrained -Related Fatal Interstate Crashes s Unrestrained -Related Fatal Non -interstate Crashes T ® Unrestrained -Related Serious Injury Interstate Crashes o Unrestrained -Related Serious Injury Non -interstate Crashes The blue gradient represents the density of all unrestrained -related crashes. Thisrepoft— generated by the 'This report contains preliminary data. Center for Geoepatel Information Technology GRANT PROCESSING REQUEST Department of Finance DATE: 8/21117 DEPARTMENT: Police GRANT PROGRAM: Selective Enforcement - Speed GRANTING AGENCY: AGENCY CONTACT: AGENCY PHONE NO: Department of Motor Vehicles Steve Williams 540-632-3042 EXAMPLE OF NUMBER IF FEDERAL GRANT... CFDA # 20.607 Dept: Department of Education (Agency No.) 84.XXX (Grant Program No.) PROGRAM TITLE: Selective Enforcement - Speed FUNDING REQUEST: FEDERAL STATE LOCAL MATCH OTHER TOTAL REQUEST 29,250.00 14,625.00 43,875.00 IF LOCAL MATCH IS REQUIRED, ARE FUNDS AVAILABLE IN DEPARTMENT BUDGET? YIN Y ACCOUNT TO WHICH THE MATCH WILL BE CODED: In -Kind - Fuel and Vehicle Maintenance INDIRECT COSTS? Y/N No AMOUNT REIMBURSEMENT GRANT? YIN Yes FINANCIAL & PROGRESS REPORTS PREPARED BY: REQUEST FOR FUNDS SUBMITTED BY: X Department Finance X Department Finance PROJECT DIRECTOR: Raymond S Torres PHONE: FAX: EMAIL: 540.777-5279 rtorres@roanokecountyva.gov DEPT. DIRECTOR OR THEIR DESIGNEE SIGNATURE: DATE: APPROVING SUBMISSON: REVIEWED & APPROVED BY FINANCE: SIGNATURE: DATE: REVIEWED & APPROVED BY COUNTY SIGNATURE: DATE: ADMINISTRATION: www.dmvNow.com Virginia Department of Motor Vehicles Post Office Box 27412 Richmond, Virginia 23269-0001 HIGHWAY SAFETY GRANT AGREEMENT Purpose: Virginia's Highway Safety Program Subrecipients use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement. Instructions: Subrecipients must read the contract, complete all applicable information on the first and last page, initial the subsequent pages, and return all pages to the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter "Department"), 2300 West Broad Street, Richmond, Virginia 23220, and the following: Subrecipient: Roanoke County Federal Award Identification Number (FAIN): 18X9204020VA18 Project Title: Selective Enforcement - Speed Project Number: SC -2018-58075-8075 CFDA#: 20.600 Grant Award Amount: $29,250 CFDA Name: State and Community Highway Safety F ,r6 l ' 'nds Obliggto �2 f Period of Performance: Sounce of funds obligated to this award: From October 1, 2017, or the date the Highway Safety Grant U.S. Department of Transportation Agreement is signed by the Director, Virginia Highway Safety Office National Highway Traffic Safety Administration (NHTSA) (whichever is later) through September 30, 2018. Allow 21 days for the Department to complete its review and signature. FINAL Date of Award Letter from NHTSA: September 30, 2017 VOUCHER IS DUE ON OR BEFORE NOVEMBER 5, 2018. In performing its responsibilities under this Highway Safety Grant Agreement, the Subrecipient certifies and assures that it will fully comply with the following: • Applicable Department regulations and policies and State and Federal laws, regulations, and policies • Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant Agreement • General Terms and Conditions, also included with this Highway Safety Grant Agreement Subrecipient's signature below indicates that the Subrecipient has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter "Grant Agreement"), consisting of this certification, the attached Statement of Work and Special Conditions, the attached General Terms and Conditions, the attached Project Budget, the Subrecipient's proposal and the letter awarding the grant to the Subrecipient constitutes the entire agreement between the Department and the Subrecipient, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over another: (1) applicable Department regulations and policies, except where superseded by Federal laws, regulations, or policies; (2) applicable State laws, regulations, and policies, except where superseded by Federal laws, regulations, or policies; (3) applicable Federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terms and Conditions; (6) Project Budget; (7) Subrecipient's proposal; and (8) grant award letter. Subrecipient certifies that this grant does not include research and development. For Subrecipient: CC T-.14) S I Na a and, of Project Direc or (print 9 ' s, Signature Date Subrecipient's DUNS Number in, C , t-- I Does your locality/legal entity expend $70,000 or more annually in total federal funds? (check one) V Yes No Name and Title of Authorized Approving Official (print) Signature Date For Virginia Department of Motor Vehicles: John Saunders Director, Virginia Highway Safety Office (print) Signature uate a� v7 0 0 '. c o to U. cc (O to T- CM N M C L O E N f, N d Q 6) 0 LL N N Qa a+ cc O h LO N N (fl OD " -. m m' M '. N ' ti I 7 ® O p .. V CO L6 N fa y. O Z a (fl v I dLO r� i c N c � J O d .a vi m C N a+ c C7 N Q, ` d 7 0 a) a CL a U) 0 a) rn 'o w 0 s C CD M {{ � (fl (6 V V O C 0 N jca C O a3 _ Lo � p ] J h LL la• O w to C LI CO d! �- L U R'� Ca TSS 012G -SC (07/01/2017) Page 3 Sub -recipient Name: ° Project #:- 1. Goals and Specific Program Elements. The goals and specific program elements of the sub -recipient's proposal are incorporated as the first item in this Statement of Work and Special Conditions. a. List Specific Program Elements: For October 1, 2017 through December 31, 2017 Estimated number of overtime hours to be used Estimated number of overtime individual/saturation patrols For January 1, 2018 through March 31, 2018 Estimated number of overtime hours to be used Estimated number of overtime individual/saturation patrols For April 1, 2018 through June 30, 2018 Estimatedu number of overtime hours to be used Estimated LAS"number of overtime individual/saturation patrols For July 1, 2018 through September 30, 2018 Estimatedw number of overtime hours to be used Estimated qCJ number of overtime individual/saturation patrols b. To conduct a minimum of overtime individual/saturation patrols during for the Click It or Ticket Mobilization in May 2018. c. To conduct a minimum of overtime individual/saturation patrols during for the Checkpoint Strike Force Campaign. d. To have number of sworn officers attend number DMV approved traffic safety related training events (e.g. ACTS, NHTSA Safety Summit, Radar Certification Schools, Field Sobriety Testing). e. Increase from number of radar units in active use from to. (If approved, all units must be ordered by December 31, 2017 and put in service by March 31, 20 8). 6",-- Project Director Initial Date TSS 012G -SC (07/01/2017) Page 3A Sub -recipient Name: & 1k- Project #: ® Oez? — Y 6 7-S s- 2. The sub -recipient must contribute to the overall State Highway Safety Plan goals. GOAL:STATEWIDE r -. fatalities 4 percent from the 2015e year of 326 to 313 by December 31, 2018. AGENCY O. 4 a 6 kc, 0 ( is (0 k b "" r ol BASED ON SPEED -RELATED CRASH DATA (using crash data from VAHSO or other approved local crash information): percent of speed control selective enforcement activities are to be conducted between the hours of 0600""' 1 S '6 b with special emphasis on the following days of the week:M,, F St The remaining percent of selective enforcement hours may be scheduled during other DMV approved identified high -crash time periods. • Enforcement is to be conducted using data -identified problem locations. • Grant -funded equipment must be ordered by December 31, 2017, and put in service by March 31, 2018, and documentation maintained concerning its use. • All sub -recipients must submit a completed monitoring report (TSS 14-A) to their DMV Grant Monitor by specific assigned dates. • Sub -recipients must attend all mandatory DMV grant -related trainings. Zero tolerance (no warnings) for violators during grant -funded overtime. Project Director Initial Date TSS 012B (07/01/2017) Page 4 Purpose and Background. The Department is awarding this grant to support the implementation of highway safety projects by State, local, non-profit, and higher education partnerships. Funds are made available for projects that: (1) support statewide goals; (2) identify problems experienced by High Emphasis Communities, which are jurisdictions with the highest crash severity problem; (3) creatively incorporate alcohol awareness and occupant protection safety; (4) are innovative with potential statewide application or ability to transfer to other jurisdictions; and (5) have statewide significance and address the Federal program areas under Section 1906, Public Law 109-59 (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users - SAFETEA-LU), as amended by Section 4011, Public Law 114-94 (Fix America's Surface Transportation (FAST) Act). 2. Paid Media. Grants consisting of $100,000 or more in paid media funds will be required to perform pre- and post -surveys during the Grant Period. The level of assessment is based on the cost of a paid advertising campaign as follows: a. Level 1, for a paid advertising campaign of up to $100,000: At a minimum, an assessment must measure and document audience exposure to paid advertised messages and the number of airings or print ads devoted to each announcement. The size of the audience needs to be estimated using a source appropriate for the medium used, such as Arbitron or Nielsen ratings for radio and TV. More specifically, all paid advertising for which the State or Sub -recipient used 154, 402 and 405 funds must include documentation stating how many paid airings or print ads occurred and the size of the audience reached. Include the number of free airings or print ads that occurred and the size of the audience reached. b. Level 2, for a paid advertising campaign greater than $100,000: In addition to providing the above Level 1 documentation, a more extensive assessment is required to measure target audience reaction. One or more of the activities in the following list may be used to assess how the target audience's knowledge, attitude, or actions were affected by the message(s): Mail surveys; ➢ Telephone surveys; 9 Focus groups; Mall intercept interviews; Direct mailings; Call-in centers; Newspaper polls; ➢ Household interviews; ➢ Before and after approach, which compares system status before and after the introduction of the message; and Control region approach, which relates one study site exposed to the message to a similar site that is not exposed to the message. Equipment. Costs for equipment are allowable under specified conditions. Costs for new and replacement equipment with a useful life of more than one year and an acquisition cost of $5,000 or more must be pre -approved before a Sub -recipient purchases the equipment. Such approval shall be obtained by the Department from the National Highway Traffic Safety Administration (NHTSA) regional manager in writing, and Sub -recipient will be notified by the Department when this approval has been secured. Federal government requirements mandate that the Department maintain an accurate accounting and inventory of all equipment purchased using Federal funds, and Sub -recipient shall comply with applicable reporting requirements that may be specified in the Highway Safety Policy and Procedures Manual and amendments thereto. Sub -recipient must request advance, written approval from the Department to sell, transfer or dispose of any and all non -expendable equipment purchased in whole or in part with the use of Federal Project Director's Initials 4 Q TSS 012B (07/01/2017) Page 5 highway safety funds. Disposition of funds from the sale of equipment to another entity must be agreed upon by the Department and the Sub -recipient and approved by NHTSA and the Department. In the event of a conflict between this section, 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) and 2 CFR Part 1201 (Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards -- referred to as the "Supercircular"), the provisions of the applicable CFR control, except where inconsistent with statute. Reports and Deliverables. Quarterly Progress and Monitor Reports shall be provided to the Department by the dates indicated: Each Progress and Monitor Report shall address the Sub -recipient's progress in fulfilling items listed in the Statement of Work and Special Conditions, including funded elements of the Sub -recipient's proposal. These reports should include the findings from the evaluation component of the proposal and should indicate the criteria and methods by which the progress of the initiative has been evaluated. The format for Progress and Monitor Reports will be provided to the Sub -recipient, but, at a minimum, will require an assessment of the program's plan with actual accomplishments during the past quarter, partnership involvement and satisfaction, expected follow-up, changes/problems with the plan and how they will be addressed, a financial summary of expenditures for the reporting period and planned accomplishments during the next quarter. The final Progress and Monitor Report shall include a comprehensive, detailed report of all grant activities conducted during the full grant performance period, including a final summary of expenditures. Monitoring. The Department shall, throughout the Grant Period under this Grant Agreement and any extension of the program which is the subject of the Grant Agreement, monitor and evaluate the events, activities and tasks performed in connection with the program to include financial feasibility and progress of the grant and the Sub -recipient's continuing fiscal responsibility and compliance with applicable requirements and the terms and conditions of this Grant Agreement. Such monitoring and evaluation shall not in any manner relieve or waive any obligations of Sub -recipient under this Grant Agreement or pursuant to applicable State and Federal law, regulations or rules. Any representation to the contrary by the Sub -recipient to any third party is strictly prohibited and may be grounds for the termination of this Grant Agreement by the Department. Audit. Sub -recipients expending $750,000 or more in Federal awards (single or multiple awards) in a year are required to obtain an annual audit in accordance with the Single Audit Act (Public Law 98-502) and subsequent amendments (refer to 2 CFR Part 200 and 2 CFR Part 1201), and the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financial Statement Audit. The audit report must be submitted to DMV by March 15. Sub -recipients are encouraged to submit their audit report to the Federal Audit Clearinghouse (FAC) at http://harvester.census.gov/sac/. Failure to meet the single audit requirements could result in your entity having to repay grant monies and/or losing access to future Federal funding. The State auditor may conduct an audit or investigation of any entity receiving funds from the Department, either directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. Acceptance of funds directly or indirectly under the Grant Agreement constitutes acceptance of the authority of the State auditor to conduct an audit or investigation in connection with those funds. In the event an audit reveals unallowable expenditures, the Sub -recipient will be responsible for repayment to the Department of such unallowable expenditures. Closeout. Sub -recipients are required to submit final requests for reimbursements and final Progress Reports according to the schedule identified in this Grant Agreement. Requests for reimbursements submitted after November 5 will be denied. Project Director's Initials....,6( TSS 0128 (07/01/2017) Page 6 Article 1. COMPLIANCE WITH LAWS The Sub -recipient shall comply with all Federal, State, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of the Grant Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Sub -recipient shall furnish the Department with satisfactory proof of its compliance therewith. The Sub -recipient hereby assures and certifies that it will comply with all applicable laws, regulations, policies, guidelines, and requirements, including 23 U.S.C. (United States Code) Chapter 4, Highway Safety Act of 1966, as amended; 23 U.S.C. 405, National Priority Safety Programs; 2 CFR Part 200 and 2 CFR Part 1201; the Federal Highway Safety Grant Funding Guidance (Revised 2013); the Federal Uniform Guidelines for State Highway Safety Programs; the Procedures for the Transportation Safety Grants Program and subsequent amendments; and the Guidelines for the Submission of Highway Safety Grant Applications, as they relate to the application, acceptance, and use of Federal or State funds for this project. Also, the Sub -recipient assures and certifies that: A. It possesses legal authority to apply for the grant and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Sub -recipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the authorized approving official of the Sub -recipient to act in connection with the application and to provide such additional information as may be required. B. It will comply with the Federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. C. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. D. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. E. It will comply with the Virginia State and Local Government Conflict of Interests Act, Va. Code §§ 2.2-3100 et seq., which defines and prohibits inappropriate conflicts and requires disclosure of economic interests and is applicable to all State and local government officers and employees. F. It will give the Department the access to and the right to examine all records, books, papers, or documents related to the Grant Agreement. G. It will ensure that all public records prepared or owned by, or in the possession of, the applicant relative to this project shall be open to inspection and copying by any citizens of the Commonwealth during regular office hours in accordance with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., unless otherwise specifically provided by law. H. If applicable, it will comply with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., which require all meetings of public bodies to be open and every public body to give notice of its meetings and to record minutes at all open meetings. Article 3. GRANT AWARD COMPENSATION A. The method of payment for the Grant Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Grant Agreement. The amount stated in the Project Budget will be deemed to be the amount of the award to the Sub -recipient. B. Reimbursement for travel costs shall be subject to the requirements and limitations set forth in the State Travel Regulations established by the Virginia Department of Accounts. Project Director's Initial TSS 012B (07/01/2017) Page 7 C. All payments will be made in accordance with the terms of the Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the total amount stated in the Project, unless the Grant Agreement is amended as described in Article 5, Amendments and Modifications to Grant Agreement. D. To eligible for reimbursement under the Grant Agreement, a cost must be incurred in accordance with the Grant Agreement, within the time frame specified in the Grant Period as stated in the Grant Agreement, attributable to work covered by the Grant Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. E. Federal or Department funds cannot supplant (replace) funds from any other sources. The term "supplanting" refers to the use of Federal or Department funds to support personnel or an activity already supported by local or State funds. F. Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and 2 CFR Part 1201. G. A Sub -recipient may request an Indirect Cost Rate for grants that are not enforcement related. The Sub -recipient must submit a copy of their Federally negotiated indirect cost rate. A Sub - recipient that does not have a Federally negotiated indirect cost rate, may submit a letter requesting a de minimis indirect cost rate of 10% of modified total direct costs (2 CFR § 200.414(f)). Payment for indirect costs will not be made until the aforementioned documents have been received by the Department. Indirect cost references and information can be found in 2 CFR Part 200. H. The Sub -recipient will provide a monetary and/or in-kind match to the funded proposal. The required matching percentage of the project cost will be determined by the Department. Grant funds may not be used before the Sub -recipient can demonstrate that funds for the corresponding portion of the matching requirement have been received by Sub -recipient. A matching report must be submitted with each reimbursement voucher. I. The Sub -recipient agrees to submit Requests for Reimbursement on a quarterly basis or no more than one request per month, as outlined in the Highway Safety Policy and Procedures Manual. The original Request for Reimbursement, with the appropriate supporting documentation, must be submitted to the DMV Grants Management Office. The Sub -recipient agrees to submit the final Request for Reimbursement under the Grant Agreement within thirty- five (35) days of the end of the Grant Period or November 5. All grant funds must be encumbered by the end of the grant period (September 301, complete with supporting invoices. At the end of the Grant Period, any unexpended or unobligated funds shall no longer be available to the Sub -recipient. In no case shall the Sub -recipient be reimbursed for expenses incurred prior to the beginning or after the end of the Grant Period. J. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement Payments, however, are contingent upon the availability of appropriated funds. K. Grant Agreements supported with Federal or State funds are limited to the length of the Grant Period specified in the Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Sub -recipient may apply for funding assistance beyond the initial Grant Period. Preference for funding will be given to those projects for which the Sub -recipient has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. L. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, including this Grant Agreement, the Sub -recipient shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount of Federal funds provided for the project or program. Project Directors Initials TSS 0128 (07/01/2017) Page 8 Article 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of appropriated funds. If, at any time during the Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Sub -recipient, giving notice of intent to terminate the Grant Agreement, as specified in Article 11, Termination. The Grant Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment form designated by the Department. Any amendment must be executed by the parties within the Grant Period specified in the Grant Agreement. Any proposed modifications or amendments to this Grant Agreement as defined in Article 6, Additional Work and Changes in Work, including the waiver of any provisions herein, must be submitted to the Department in writing and approved as herein prescribed prior to Sub -recipient's implementation of the proposed modification or amendment. Any alterations, additions, or deletions to the Grant Agreement that are required by changes in Federal or State laws, regulations or directives are automatically incorporated on the date designated by the law, regulation or directive. The Department may unilaterally modify this Grant Agreement to de -obligate funds not obligated by the Sub -recipient as of the close of the Grant Period specified in this Grant Agreement. In addition, the Department may de -obligate funds in the event of termination of the Grant Agreement pursuant to Article 11, Termination. If the Sub -recipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and constitutes additional work, the Sub -recipient shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise the Sub - recipient and a written amendment to the Grant Agreement will be executed according to Article 5, Amendments and Modifications to Grant Agreement, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Sub -recipient has submitted work in accordance with the terms of the Grant Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the Grant Agreement, the Sub -recipient shall make such revisions as requested and directed by the Department. This will be considered additional work and will be paid for as specified in this Article. If the Sub -recipient submits work that does not comply with the terms of the Grant Agreement, the Department shall instruct the Sub -recipient to make such revisions as are necessary to bring the work into compliance with the Grant Agreement. No additional compensation shall be paid for this work. The Sub -recipient shall make revisions to the work authorized in the Grant Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Sub -recipient or any costs incurred by the Sub -recipient relating to additional work not directly associated with or prior to the execution of an amendment. Article 7. REPORTING AND NOTIFICATIONS Sub -recipients shall submit performance reports using forms provided and approved by the Department as outlined in the Statement of Work and Special Conditions, Section 4, Reports and Deliverables. The Sub -recipient shall promptly advise the Department in writing of events that will have a significant impact upon the Grant Agreement, including: Project Director's Initials TSS 0128 (07/01/2017) Page 9 A. Problems, delays, or adverse conditions, including a change of project director or other changes in Sub -recipient personnel that will materially affect the Sub -recipient's ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or Federal assistance needed to resolve the situation. B. Favorable developments or events that enable Sub -recipient to meet time schedules and objectives earlier than anticipated or to accomplish greater performance measure output than originally projected. The Sub -recipient agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, and Sub -recipient shall make such records available at its office for the time period specified in the Grant Agreement. The Sub - recipient further agrees to retain such records for three (3) years from the date of final payment under the Grant Agreement, until completion of all audits, or until any pending litigation has been completely and fully resolved, whichever occurs last. Any representative of the U.S. Secretary of Transportation, the Comptroller General of the United States, the General Accounting Office, the Virginia Office of the Secretary of Transportation, the Virginia Department of Motor Vehicles, the Virginia State Comptroller or the Virginia Auditor of Public Accounts shall have access to and the right to examine any and all books, documents, papers and other records (including computer records) of the Sub -recipient that are related to this Grant Agreement, in order to conduct audits and examinations and to make excerpts, transcripts, and photocopies. This right also includes timely and reasonable access to the Sub -recipient's personnel and program participants for the purpose of conducting interviews and discussions related to such documents. The Department's right to such access shall last as long as the records are retained as required under this Grant Agreement. Article 9. INDEMNIFICATION The Sub -recipient, if other than a government entity, agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the acts or omission of the Sub - recipient, its officers, agents or employees. The Sub -recipient, if other than a government entity, further agrees to indemnify and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any costs including, but not limited to, attorney fees and court costs, incurred by the Department in connection with any such claims or actions. If the Sub -recipient is a government entity, both parties to the Grant Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 10. DISPUTES AND REMEDIES The Sub -recipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Sub -recipient in support of Grant Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Director of the Virginia Highway Safety Office or his or her designee acting as final referee. Article 11. TERMINATION The Department may terminate the Grant Agreement, in whole or in part, for cause if the Sub -recipient fails to fulfill its obligations under the Grant Agreement; fails to comply with any applicable Department policy or procedure or any applicable Federal, State or local law, regulation or policy; or fails to correct a violation of any such law, regulation, policy or procedure. This does not limit any other termination rights that the Department may have under State or Federal laws, regulations or policies. Project Director's Initials TSS 012E (07/01/2017) Page 10 The Grant Agreement shall remain in effect until the Sub -recipient has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: ➢ The Department terminates the Grant Agreement for cause and informs the Sub -recipient that the project is terminated immediately; or ➢ The Department determines that the performance of the project is not in the best interest of the Department and informs the Sub -recipient that the project is terminated immediately; or ➢ The Grant Agreement is terminated in writing with the mutual consent of both parties; or A There is a written thirty (30) day notice to terminate by either party. The Department shall compensate the Sub -recipient for only those eligible expenses incurred during the Grant Period specified in the Grant Agreement which are directly attributable to the completed portion of the work covered by the Grant Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Sub -recipient shall not incur nor be reimbursed for any new obligations after the effective date of termination. Article 12. SUBCONTRACTS No portion of the work specified in the Grant Agreement shall be subcontracted without the prior written consent of the Department. In the event that the Sub -recipient desires to subcontract part of the work specified in the Grant Agreement, the Sub -recipient shall furnish the Department the names, qualifications and experience of their proposed subcontractors. For purposes of the Grant Agreement, subcontractor(s) shall include, but are not limited to, recipients of mini grants and parties to cooperative agreements and memoranda of understanding. The Sub -recipient, however, shall remain fully responsible for the work to be done by its subcontractor(s) and shall assure compliance with all the requirements of the Grant Agreement. In any agreement entered into with a subcontractor, the Sub -recipient shall include or incorporate by reference all language contained in the Statement of Work and Special Conditions and in the General Terms and Conditions portions of this Highway Safety Grant Agreement, and the subcontractor shall agree to be bound by all requirements contained therein. Article 13. NONCOLLUSION The Sub -recipient certifies that its grant application was made without collusion or fraud, and it has not conferred on any public employee having official responsibility for the Highway Safety Grant process any loan, gift, favor, service or anything of more than nominal value, present or promised, in connection with its application. If Sub -recipient breaches or violates this certification, the Department shall have the right to annul this Grant Agreement without liability. Article 14. SUB -RECIPIENT'S RESOURCES The Sub -recipient certifies that it presently has adequate qualified personnel in its employment to perform the work required under the Grant Agreement, or that Sub -recipient will be able to obtain such personnel from sources other than the Department. All employees of the Sub -recipient shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Sub -recipient who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the project shall immediately be removed from association with the project. Unless otherwise specified, the Sub -recipient shall furnish all equipment, materials, supplies, and other resources required to perform the work. Project Director's Initials TSS 0128 (07/01/2017) Page 11 Article 15. SUB -RECIPIENT SEAT BELT USE The Sub -recipient agrees to adopt and enforce an on-the-job seat belt use policy requiring all employees to wear a seat belt when operating any vehicle owned, leased or rented by the Sub -recipient, including police vehicles. The Sub -recipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. The Sub -recipient shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to the Grant Agreement in accordance with Virginia law and Department policies and procedures, provided that such laws, policies and procedures are not in conflict with Federal standards, as appropriate, in 2 CFR Part 200 and 2 CFR Part 1201. In the event of conflict, such Federal standards shall apply unless Virginia law or Department policies or procedures impose more strict requirements than the Federal standards. Article 18. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this Grant Agreement shall become the sole property of the Commonwealth in accordance with Va. Code §2.2-2822 and Executive Memorandum 4-95. On request, the Sub -recipient shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the Commonwealth to evidence the Commonwealth's sole ownership of specifically identified intellectual property created or developed during the performance of the Grant Agreement. Article 19. RESEARCH ON HUMAN SUBJECTS The Sub -recipient shall comply with the National Research Act, Public Law 93-348, regarding the protection of human subjects involved in research, development, and related activities supported by the Grant Agreement. Article 20. ASSIGNMENT The Grant Agreement shall not be assignable by the Sub -recipient in whole or in part without the written consent of the Department. Article 21. NONDISCRIMINATION A. The Sub -recipient WILL COMPLY WITH ALL Federal Statutes and implementing regulations relating to nondiscrimination. These include, but are not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); 3. Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title iX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); Project Director's Initials TSS 0128 (07/01/2017) Page 12 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); 6. The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, sub -recipients and contractors, whether such programs or activities are Federally - funded or not); 7. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; 8. Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low -Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and 9. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR at 74087 to 74100). B. The Sub -recipient entity — Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted. 2. Will administer the program in a manner that reasonably ensures that any of its sub - recipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance; 3. Agrees to comply (and require any of its sub -recipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; 4. Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; 5. Insert in all contracts and funding agreements with other State or private entities the following clause: Project Director's Initials TSS 012B (07/01/2017) Page 13 "During the performance of this contract/funding agreement, the contractor/funding recipient agrees— a. To comply with all Federal nondiscrimination laws and regulations, as maybe amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs a through e, in every subcontract and sub agreement and in every solicitation for a subcontract or sub -agreement that receives Federal funds under this program." C. Certifies that it has disclosed to the Department any administrative and/or court findings of noncompliance with nondiscrimination or equal opportunity laws, regulations or policies during the two preceding years. If the Sub -recipient has been cited for noncompliance with these laws, regulations or policies, the Sub -recipient will not be eligible to receive funding. Article 22. DRUG-FREE WORKPLACE The Sub -recipient certifies that it will provide a drug-free workplace in accordance with the requirements of 29 CFR, Part 98, Subpart F. Article 23. BUY AMERICA ACT The Sub -recipient will comply with the provisions of the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a sub -recipient, to purchase only steel, iron and manufactured products produced in the United States with Federal funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. The National Highway Traffic Safety Administration (NHTSA) was granted a Buy America Act public interest waiver that became effective July 30, 2015, (Federal Register Vol. 80, No. 125, published June 30, 2015). This waiver allows a State or sub -recipient to purchase any manufactured product with a purchase price of $5,000 or less, excluding a motor vehicle when the product is purchased using Federal grant funds administered under Chapter 4 of Title 23 of the United States Code. The "National Traffic and Motor Vehicle Safety Act of 1966" defines a motor vehicle as a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. See 49 USC 30102(a)(6). Therefore, the purchase of foreign -made cars, motorcycles, trailers and other similar conveyances must be made with a waiver regardless of price. Project Director's Initials TSS 012B (07/01/2017) Page 14 It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to the Grant Agreement as follows: The Sub -recipient agrees to ensure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with Federal funds. In this regard, the Sub -recipient shall make good faith efforts, in accordance with 49 CFR Part 26, to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. The Sub -recipient and any subcontractor shall not discriminate on the basis of race, color, national origin, sex, disability, or age in the award and performance of agreements funded in whole or in part with Federal funds. These requirements shall be included in any subcontract or sub agreement. Failure to comply with the requirements set forth above shall constitute a breach of the Grant Agreement and, after the notification by the Department, may result in termination of the Grant Agreement by the Department or other such remedy as the Department deems appropriate. Article 25. DEBARMENT AND SUSPENSION A. The Sub -recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any State or Federal department or agency or otherwise excluded by any Federal or State department or agency; 2. Have not within a three (3) year period preceding this Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local public transaction or contract under a public transaction; violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a Federal, State, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Grant Agreement, had one or more Federal, State, or local public transactions terminated for cause or default. B. Where the Sub -recipient is unable to certify to any of the statements in this Article, such Sub - recipient shall attach an explanation to the Grant Agreement. C. The Sub -recipient is prohibited from making any subcontract or sub -award or permitting any subcontract or sub -award to any party that does not certify to the Sub -recipient that such party meets the requirements set forth in Section A., Items 1-4 of this Article. When requested by the Department, Sub -recipient shall furnish a copy of such certification. D. The Sub -recipient shall require any party to a subcontract or purchase order awarded under the Grant Agreement to certify its eligibility to receive Federal grant funds, and, when requested by the Department, to furnish a copy of the certification. Article 26. POLITICAL ACTIVITY (HATCH ACT) The Sub -recipient will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Project Director's Initials r'r TSS 0128 (07/01/2017) Page 15 Article 27. FEDERAL LOBBYING CERTIFICATION The Sub -recipient certifies to the best of his or her knowledge and belief that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub - recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the party to the Grant Agreement shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Sub -recipient or agent acting for such Sub -recipient related to any activity designed to influence legislation or appropriations pending before the Congress. D. The Sub -recipient shall require that the language of this certification be included in the award documents for all sub -awards (including subcontracts, sub -grants, and contracts under grant, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant Agreement was made or entered into. Submission of this certification is a prerequisite for entering into this Grant Agreement imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Article 28. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Virginia General Assembly, except in presentation to the General Assembly itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Sub -recipient or agent acting for such Sub -recipient related to any activity designed to influence legislation or appropriations pending before the Virginia General Assembly. In the event any terms or provisions of this Grant Agreement are breached by either party or in the event that a dispute may arise between the parties regarding the meaning, requirements, or interpretation of Project Director's Initials` TSS 012B (07/01/2017) Page 16 any terms and provisions contained in this Grant Agreement, then such breach or dispute shall be resolved pursuant to the terms of this Grant Agreement and the remedies available under the Code of Virginia. If the Sub -recipient is not a government entity, in the event the Department must initiate proceedings to enforce the terms and conditions of this Grant Agreement or seek redress for damages caused by Sub -recipient's breach of this Grant Agreement, the Department shall be entitled to recover all costs including, without limitation, court costs and attorney fees, incurred in such proceedings. A. Signature Authorized. The Sub -recipient's authorized approving official, signing the certification page of the Grant Agreement, has the legal authority to apply for Federal Assistance and has the institutional, managerial, and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. B. Headings. The captions and headings used in this Grant Agreement are intended for convenience only and shall not be used for purposes of construction or interpretation. C. Notice. All notices, requests and demands shall be directed as follows: To the Department: Virginia Department of Motor Vehicles ATTENTION: Director, Virginia Highway Safety Office Post Office Box 27412 R' ond, Virginia 23269-0Q01 To Sub -recipient: V(\_ , \ \31 1 J6 NP, j, um Any notice, unless otherwise specified herein, will be deemed to have been given on the date such notice is personally delivered or is deposited in the United States certified mail, return receipt requested, properly addressed and with postage prepaid. /V Project Director's Initials ir Roanoke Region 82 94 August, 2017 130 Roanoke County Speed Crash Statistics 3 Report ofCrashesforJanuarvl''I June 30th Available Crash Data - Partial Year 2014 2015 2016 2017* All Crashes 452 513 599 658 Fatal Crashes 0 5 1 4 Serious Injury Crashes 33 33 26 21 All Injury Crashes 158 159 181 246 Speed -Related Crashes 82 94 124 130 Speed -Related Fatal Crashes 3 3 3:00pm- 5:59pm 6:00am - 8:59am Highest Time Period(s) No 9:00pm- 11:59pm No Midnight - 2:59am Speed -Related (66%) Speed -Related (66%) Highest Day(s) Fatalities Monday @ Saturday Fatalities Saturday ^ Sunday (66%) (66%) Highest Month(s) May February (67%) (67%) Speed -Related Serious Injury Crashes 7 7 9 3:00am - 5:59am 3:00am - 5:59am 3:00pm- 5:59pm Highest Time Period(s) 9:00am - 11:59am 6:00am - 8:59am 6:00pm- 8:59pm Noon- 2:59pm (58%) (58%) (44%) (25%) Highest Day(s) Friday Monday - Tuesday Wednesday Saturday < Tuesday (43%) (58%) (33%) (50%) Highest Month(s) April m March June- May February a January March (58%) (86%) (44%) (38%) Speed -Related Injury Crashes 35 35 41 59 Highest Time Period(s) 3:00pm- 5:59pm 6:00am - 8:59am 9:00pm- 11:59pm 3:00pm- 5:59pm (29%) (26%) (22%) (25%) Highest Day(s) Friday Monday Wednesday Saturday (31%) (29%) (22%) (19%) Highest Month(s) March May January - June March a May (26%) (37%) (44%) (48%) ® Speed -Related Fatal Interstate Crashes e Speed -Related Fatal Non -interstate Crashes e Speed -Related Serious Injury Interstate Crashes o Speed -Related Serious Injury Non -interstate Crashes The blue gradient represents the density of all speed -related crashes. "This report contains preliminary data. VWTech This report was generated by the Center for Geospatial Information Technology Available Crash Data - Calendar Year 2013 2014 2015 2016 All Crashes 1128 1040 1181 1344 Fatal Crashes 8 5 9 4 Serious Injury Crashes 47 63 59 61 All Iniury Crashes 308 332 353 428 Speed -Related Crashes 216 189 229 260 Speed -Related Fatal Crashes 4 1 5 3 3:00am - 5:59am 6:00am - 8:59am Highest Time Period(s) 6:00pm- 8:59pm Midnight - 2:59am 9:00pm- 11:59pm 6:00pm- 8:59pm (50%) (100%) (40%) (66%) Highest Day(s) Monday Saturday Saturday Monday - Saturday (50%) (100%) (40%) (66%) Highest Month(s) August November May December (50%) (100%) (40%) (67%) Speed -Related Serious Injury Crashes j201 3 3:00pm- 5:59pm 6:00pm- 8:59pm 3:00am - 5:59am Highest Time Period(s) 9:00am - 11:59am 9:00am - 11:59am 6:00am - 8:59am Noon- 2:59pm (40%) (40%) (40%) (22%) Highest Day(s) Thursday Monday Wednesday Saturday - Thursday (27%) (30%) (27%) (44%) Highest Month(s) April - August July December - June July a October (26%) (20%) (40%) (34%) Speed -Related Injury Crashes 72 78 81 95 Highest Time Period(s) 3:00pm- 5:59pm 3:00pm- 5:59pm 3:00pm- 5:59pm 3:00pm- 5:59pm (22%) (24%) (25%) (21%) Highest Day(s) Friday n Wednesday Friday Thursday Saturday (38%) (21%) (17%) (19%) Highest Month(s) July November December e May November (15%) (13%) (32%) (15%) ® Speed -Related Fatal Interstate Crashes a Speed -Related Fatal Non -interstate Crashes V ® Speed -Related Serious Injury Interstate Crashes a Speed -Related Serious Injury Non -interstate Crashes T"h The blue gradient represents the density of all speed -related crashes. Thlsrepon— generated by the Center for Geospatial Information Technology ACTION NO. ITEM NO. 1.5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: September 26, 2017 Request to accept and allocate funds in the amount of $13,524.50 from the Commonwealth of Virginia for the Library of Virginia's Records Preservation Program SUBMITTED BY: Lindsey Ayers Deputy Clerk II APPROVED BY: Thomas C. Gates County Administrator ISSUE: Acceptance and allocation of a grant in the amount of $13,524.50 from the Commonwealth of Virginia for the Library of Virginia's Records Preservation Program BACKGROUND: The Library of Virginia administers and oversees the Circuit Court Records Preservation Program (CCRP) to provide assistance to Circuit Courts. This program is designed to help localities in restoring old records and creating microfilm and/or digital copies of those records. Funding is handled in one cycle each year for this program and requires an application to be filed each time to be considered for an award. The awards are selected by the CCRP board with consideration given to the historical, informational and administrative value of the records and the soundness of the proposed project. DISCUSSION: The Clerk of Circuit Court's Office received a grant from the Library of Virginia's Records Preservation Program. This grant funding will be used to repair Land Record Map Books. FISCAL IMPACT: Grant funds totaling $13,524.50 from the Commonwealth of Virginia provides one Page 1 of 2 hundred percent (100%) funding. No County funds are required. STAFF RECOMMENDATION: Staff recommends accepting and allocating grant funds in the amount of $13,524.50 from the Commonwealth of Virginia to the Clerk of Circuit Court for the Virginia Circuit Court Records Preservation Program for fiscal year 2017-2018. Page 2 of 2 t LIBRARY OF VIRGINIA ca Sandra Gicta Treadway August 25, 2017 Librarian of 1 irgirria The I lonorable Steven A. McGraw Sr. Clerk of the Circuit Court Roanoke County P.O; Box 1126 Salem, VA 24153 Grant Agreement Number`. 2018FY-56 Dear Mv. McGraw, 'file Circuit Court Records Preservation Grants Review. Board met on Thursday, August 24'hi 2017 to consider eighty applications subuitted from. seventy-nine localities. , It is ou€ : pleasure to inform you that your Item C4nservad.oa grant application to the Virginia Cireni.t.Court Records Preservation Program htis been approved at a reduced 8imlunt of 513;524.50 duc to funding requests for this cycle exceeding the award antoun€ available: Tile following items) have been approved by the Review Board: 12ecord Boort 10; Record Boole 9; Road I3ook 8. We cnco€€rage you to resubmit items that were not approved this cvcic during the next grant cycle. This ,rant is subject to the stated amottnl, availability of funds, and any provisos listed in this letter or on the enclosed CORP Grants Program Application Certification form. Please review these provisos carefully to determine the scope and/or limitations of the project. { You will find the Application Certification forin enclosed. This agreement, along with the original grant application details the term ofyour project, the portion cif your project supported with grant funds, and the specific work that is to he acctjmnlished. It will also indicate your fiscal and program repo€ting requiretnents. Please read the agreement carefully and return it to Michelle Washington at the Library of Virginia in the prepaid envelope included in this ra3tl'€€dig. Contact your item conservation vendor representative to make arrangements for them to collect the approved items. If you have.any questions. regarding this award or agreemetu; please contact Greg Crawrord at (804) 692-3505. Please accept ourcongratulations on .the approval of your application. We appreciate your interest in preserving Virginia's documentary lwritage and extend our rest wishes for a successful project. Sincerely, t Sandra G. Treadway State Librarian and State Archivist of Virginia t c It JohnT. Frey President VirLinia Court Clerks' Association e i_ 8003 East Broad Street Ni hmond, V-jrg'niai 23219 r L, — Ej 88,692.3976 vi r It ACTION NO. ITEM NO. 1.6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: September 26, 2017 Request to accept and allocate grant funds in the amount of $5,217.70 from the U. S. Department of Justice's Bulletproof Vest Partnership Eric Orange Sheriff Thomas C. Gates County Administrator Acceptance and allocation of $5,217.70 for the Bulletproof Vest Partnership Grant BACKGROUND: The Bulletproof Vest Partnership (BVP), created by the Bulletproof Vest Partnership Grant Act of 1998, is a unique U. S. Department of Justice initiative designed to provide a critical resource to State and local law enforcement. DISCUSSION: The Roanoke County Sheriff's Office applied for and received a grant in the amount of $5,217.70 from the Bulletproof Vest Partnership. This grant will provide funding to assist in the purchase of protective vests. FISCAL IMPACT: The total amount of the grant awarded is $5,217.70, which includes a 50% match. U.S. Department of Justice grant funds total $2,608.85 and the County match of $2,608.85 was appropriated by the Board of Supervisors in the fiscal year 2017-2018 Sheriff's Office budget. No additional appropriation of County funds is required. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends the acceptance and allocation of grant funds to the Sheriff's Office in the amount of $5,217.70 from the U.S. Department of Justice's Bulletproof Vest Partnership. Page 2 of 2 ACTION NO. ITEM NO. 1.7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: September 26, 2017 Resolution requesting the Roanoke Valley Transportation Planning Organization to fund a list of projects for the Fiscal Year 2019-2024 Regional Surface Transportation Program David Holladay Planning Administrator Thomas C. Gates County Administrator A resolution is required as part of the application for Regional Surface Transportation Program (RSTP) funding. BACKGROUND: The Board of Supervisors reviewed proposed RSTP applications at its work session on September 12, 2017. RSTP applications are due to the Roanoke Valley Transportation Planning Organization (RVTPO) on September 29, 2017. The RVTPO reviews RSTP project applications and recommends funding allocations to the Commonwealth Transportation Board. DISCUSSION: The proposed applications include: 1. Route 419/Route 220 Diverging Diamond Interchange - Preliminary Engineering Scope of Work: Preliminary engineering work to design a reconfigured interchange as described in the Draft Route 419 Town Center Plan. This new design will improve safety and efficiency of traffic flow at the interchange and allow for enhanced bicycle Page 1 of 3 and pedestrian accommodations. Performing initial work on this project using RSTP funding will reduce Smart Scale funding that will be required and should, therefore, increase its competitiveness. Estimated Cost: $750,000 (preliminary engineering only) 2. Roanoke River Greenway - Explore Park Scope of Work: Design and construct a 1.8 mile segment of greenway through Explore Park from the Roanoke Valley Resource Authority property line to Rutrough Point. This segment of greenway is part of the Explore Park Master Plan as well as the Roanoke Valley Conceptual Greenway Plan. Estimated Cost: $3,800,000 3. Starkey Road/Buck Mountain Road Intersection Improvements Scope of Work: Design and reconstruct the existing Starkey Road / Buck Mountain Road intersection with a roundabout. Implementation of this project should enhance traffic flow and safety at this intersection as well as reduce traffic speeds to facilitate a more pedestrian oriented future development pattern. Page 2 of 3 Estimated Cost: $3,300,000 FISCAL IMPACT: None. RSTP funds are 80% Federal and 20% State. No local match or local funds are required. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors adopt a resolution requesting the Roanoke Valley Transportation Planning Organization to fund the above list of projects for the Fiscal Year 2019-2024 Regional Surface Transportation Program. Page 3 of 3 T A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, SEPTEMBER 26, 2017 RESOLUTION REQUESTING THE ROANOKE VALLEY TRANSPORTATION PLANNING ORGANIZATION TO FUND A LIST OF PROJECTS FOR THE FISCAL YEAR 2019-2024 REGIONAL SURFACE TRANSPORTATION PROGRAM WHEREAS, the Roanoke Valley Transportation Planning Organization reviews applications for funding through the Regional Surface Transportation Program and makes recommendations for project funding to the Commonwealth Transportation Board; and WHEREAS, the Roanoke County Board of Supervisors reviewed a list of projects for Regional Surface Transportation Program funding at a work session on September 12, 2017; and WHEREAS, the Roanoke County Board of Supervisors supports the list of projects for Regional Surface Transportation Program funding. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia requests the Roanoke Valley Transportation Planning Organization to fund the following list of projects for the Fiscal Year 2019-2024 Regional Surface Transportation Program: Route 419/Route 220 Diverging Diamond Interchange — Preliminary Engineering 2. Roanoke River Greenway — Explore Park to Rutrough Road 3. Starkey Road/Buck Mountain Road Intersection Improvements Page 1 of 1 ACTION NO. ITEM NO. 1.8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: September 26, 2017 Confirmation of appointment to the Budget and Fiscal Affairs Committee (BFAC) (At -Large) Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator Confirmation of appointments DISCUSSION: Budget and Fiscal Affairs Committee (At -Large) Lynda McNutt -Foster has resigned her At -Large appointment. Her unexpired term will expire August 31, 2018. Staff has recommended the appointment of Joe Jones to fill this unexpired term. Staff has also recommended the appointment of Pat Young to fill the remaining At - Large appointment. The term of this appointment is for two years and will expire August 31, 2019. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends confirmation of the above appointments. Page 1 of 1 N i N N w fC CLm V m A V N to i O V i m O 00 N v m 00 N a-0 m L- CL O Q Q m 00 r -I O N r -I O N J_ m N v MA ii rq rq M M O_ ate+ M U O � 00 W cn O Rt Ln O 00 M Ol i O }' Ln 0r0 � M N U � � O O O Ln R 00 O 00 *' O U N M M ^O O O o > O O w oC cm ri CF) M 01 L w Ln N 00 CL 01 Rt M O Q. N N CL m m a tin m 76 +t CL m U 00 L r -I m0 � N M N 0 N Ln N s a� 0 4 � U C:m C C: U U � C N L 0 -6 o rq 0 Q N O 00 Q 0 -O N bio U M O/ -a L 0 I- rq 00 O 3 rl 00 -O N O 0 I� Vl N rl O i CL i E N O i NO L CL Q O/ Q Li a �. L L O 'a Q a QCL N u Q CA CA CL Q \ t0 t0 Q Q m COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: Unaudited Outstanding Outstanding June 30, 2017 Additions Deletions September 26, 2017 General Obligation Bonds $ 3,640,935 $ - $ 3,640,935 VPSA School Bonds 86,990,706 8,107,624 78,883,082 Lease Revenue Bonds 78,410,705 - 78,410,705 $ 169,042,346 $ - $ 8,107,624 - $ 160,934,722 Submitted By Approved By Rebecca E. Owens Director of Finance Thomas C. Gates County Administrator a m MM0610 O(nOr00(nNtn (n V M MNNr CO V CO CA 0 00 0 O O (l Cl Opp O (n OA In M r N f,O M (n Ln C CO C (n 1n 000 NMrrCD CD )COD) O(D 00(DrN t!> (Va N 0000 r ^ r0 rCM N�(O rNNrCD CC C) ,.. 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ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: September 26, 2017 Accounts Paid- August, 2017 Rebecca E. Owens Director of Finance Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payments to Vendors $ - $ - $ 12,271,791.69 Payroll 08/11/17 1,319,563.48 61,253.50 1,380,816.98 Payroll 08/25/17 1,401,112.04 51,727.50 1,452,839.54 Manual Checks - 8,468.15 8,468.15 Grand Total $ 15,113,916.36 A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors. OA O� R Z � 7 1838 DECLARING OCTOBER 1 THROUGH 7, 2017, AS MENTAL ILLNESS AWARENESS WEEK IN THE COUNTY OF ROANOKE WHEREAS, mental health is part of overall health; and WHEREAS, one in five adults experiences a mental health problem in any given year and one in 17 adults lives with mental illness such as major depression, bipolar disorder or schizophrenia; and WHEREAS, approximately one-half of chronic mental illness begins by the age of 14 and three-quarters by age 24; and WHEREAS, long delays -sometimes decades -often occur between the time symptoms first appear and when individuals get help; and WHEREAS, early identification and treatment can make a difference in successful management of mental illness and recovery; and WHEREAS, it is important to maintain mental health and learn the symptoms of mental illness in order to get help when it is needed; and WHEREAS, every citizen and community can make a difference in helping end the silence and stigma that for too long has surrounded mental illness and discouraged people from getting help; WHEREAS, public education and civic activities can encourage mental health and help improve the lives of individuals and families affected by mental illness. NOW, THEREFORE BE IT RESOLVED, I, Joseph P. McNamara, Chairman of the Roanoke County Board of Supervisors do hereby proclaim October 1 through October 7, 2017 as Mental Illness Awareness Week in the Roanoke Valley to increase public understanding of the importance of mental health and to promote identification and treatment of mental illnesses. Presented this 26th day of September 2017 7 -f -ph P. Mc amara, Chairman Thomas C. Gates, County Adminis r PROCLAMATION ROANOKE VALLEY DOMESTIC VIOLENCE AWARENESS MONTH, 2017 WHEREAS, domestic violence can affect anyone regardless of age, ability, sex, sexual orientation, gender identity, circumstance, or race; WHEREAS, the crime of domestic violence violates the privacy, dignity, security, and humanity of an individual due to physical, emotional, sexual, psychological and economic control and/or abuse; WHEREAS, many victims are ashamed to seek help, thus continuing to suffer in silence through years of terrifying and dangerous abuse; WHEREAS, children often witness domestic violence, while feeling helpless to stop the abuse of the victim; WHEREAS, domestic violence can change from day to day, but seldom changes for the better unless someone intervenes; and WHEREAS, the Family Violence Coordinating Council continuously works in conjunction with numerous jurisdictions of the Roanoke Valley and service providers to educate the public about domestic violence and the services available. NOW, THEREFORE, WE, on behalf of the entire Roanoke Valley, in recognition of the important work of domestic violence programs, in support of domestic violence survivors, and in memory of victims who lost their lives to domestic violence, do hereby proclaim October 2017, throughout the entire Roanoke Valley, as DOMESTIC VIOLENCE AWARENESS MONTH Given under our hands and the Seals of the City of Roanoke, Roanoke County, Town of Vinton, Salem City, Craig County, and Botetourt County this thirteenth day of October in the year of two thousand seventeen. Sherman Lea Mayor, City of Roanoke Randy Foley Mayor, Salem City Joseph P. McNamara Clay Goodman Chairman, Roanoke County Board of Supervisors County Administrator, Craig County Brad Grose Mayor, Town of Vinton Gary Larrowe County Administrator, Botetourt County ACTION NO. ITEM NO. M.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: September 26, 2017 Work session to review with the Board of Supervisors the preliminary and unaudited budget and financial results for fiscal year ending June 30, 2017 for the County of Roanoke, Virginia Christopher R. Bever Director of Management and Budget APPROVED BY: Thomas C. Gates County Administrator ISSUE: Provide the Board of Supervisors a preliminary overview of the financial results for fiscal year ending June 30, 2017. BACKGROUND: N/A DISCUSSION: The Department of Finance is currently working through the financial results for fiscal year ending June 30, 2017, and preparing for the annual audit of those results. The purpose of this work session is to provide the Board of Supervisors with preliminary and unaudited revenue and expenditure information for County funds as of June 30, 2017. Department of Finance and Office of Management and Budget staff will review the attached PowerPoint presentation at the work session. Additionally, Attachments A, B, and C provide detailed preliminary revenue and expenditure information for County funds. FISCAL IMPACT: There is no fiscal impact associated with the receipt of the preliminary financial results Page 1 of 2 for fiscal year ending June 30, 2017. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors receive the preliminary financial results for fiscal year ending June 30, 2017. 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