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HomeMy WebLinkAbout5/1/2018 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, May 1, 2018 AGENDA Consideration of: A. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM B. MOMENT OF SILENCE C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS E. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS F. CONSENT AGENDA 1. Consider approval of the minutes: a. Regular Council Meeting of April 3, 2018 b. Regular Council Meeting of April 17, 2018 G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Proclamations: a. GBS/CIDP Awareness Month - Rick Forney b. National Drinking Water Week – May 6-12 – Joey Hiner c. Municipal Clerks Week – May 6-12 – Town Manager d. National Police Week – May 13-19 – Chief Foster H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. I. TOWN ATTORNEY J. BRIEFINGS – TOWN MANAGER 1. Briefing on a request from the William Byrd High School Democracy Matters Club to consider adoption of an Anti-Corruption Resolution – Tessa Yarbrough Matthew S. Hare, Vice Mayor Keith N. Liles, Council Member Sabrina McCarty, Council Member Janet Scheid, Council Member 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 2. Briefing on renewal of the Lease between the Town and The Advancement Foundation for property located at 227 South Pollard Street (upper level of the Health Department Building) – Annette Patterson/Pete Peters 3. Briefing on the Special Use Permit (SUP) request of Elizabeth Meador to operate an in- home music studio for the instruction of individuals or groups in piano and/or voice at 705 Dillon Drive, Tax Map Number 061.17-03-70, which is zoned R-1 Residential District – Anita McMillan 4. Briefing on proposed updates to the Town of Vinton Emergency Operations Plan – Deputy Chief Linkous K. ITEMS REQUIRING ACTION – TOWN MANAGER 1. Consider adoption of a Resolution approving the 2018-2019 operating budget of the Roanoke Valley Resource Authority – Dan Miles 2. Consider adoption of a Resolution authorizing the renewal of the Town of Vinton Employees’ group health insurance coverage with The Local Choice Program for the contract year July 1, 2018 through June 30, 2019 – Donna Collins 3. Consider adoption of a Resolution authorizing the Town Manager to execute a Planning Grant Agreement between the Virginia Department of Housing and Community Development (DHCD) and the Town for an Urban Housing Rehabilitation Planning Grant – Pete Peters 4. Consider adoption of a Resolution authorizing the Town Manager to execute an Agreement between the Town and Enterprise Fleet Management, Inc. for a five-year period to procure vehicles on an “Open-end Lease” on an as-needed basis – Anne Cantrell L. TOWN MANAGER M. REPORTS FROM COUNCIL COMMITTEES N. APPOINTMENTS TO BOARDS/COMMISSIONS/COMMITTEES 1. Roanoke Valley Transportation Planning Organization (RVTPO) O. MAYOR P. COUNCIL Q. ADJOURNMENT R. WORK SESSION 1. Proposed FY 2018-2019 Budget 3 NEXT TOWN COUNCIL/COMMITTEE MEETINGS: May 9, 2018 – 2:30 p.m. – Finance Committee Meeting – TOV Conference Room May 15, 2018 – 7:00 p.m. – Regular Council Meeting – Council Chambers May 17, 2018 - 7:30 a.m. – Public Works Committee Meeting – Public Works Conference Room NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. Reasonable efforts will be made to provide a individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be Meeting Date May 1, 2018 Department Town Clerk Issue Consider approval of the minutes: a. Regular meeting of April 3, 2018 b. Regular meeting of April 17, 2018 Summary None Attachments April 3, 2018 minutes April 17, 2018 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, APRIL 3, 2018, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Matthew S. Hare, Vice Mayor Keith N. Liles Sabrina McCarty Janet Scheid STAFF PRESENT: Barry W. Thompson, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Susan Waddell, Town Attorney Anne Cantrell, Treasurer/Finance Director Tom Foster, Police Chief Anita McMillan, Planning & Zoning Director Joey Hiner, Public Works Director Donna Collins, Human Resources Director The Mayor called the regular meeting to order at 7:00 p.m. The Town Clerk called the roll with Council Member Liles, Council Member McCarty, Council Member Scheid, Vice Mayor Hare and present. Roll call After a Moment of Silence, Pete Middleton and Isabella Middleton American Revolution, led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events, Council Member McCarty announced the following: April 18- 11:30 am-Arbor Day-Senior Center; April 6-22-StarCity Playhouse presents Private Lives; April 25-29- Dogwood Festival and Vinyl Sundays-2-6 pm-Twin Creeks Brewery. Chief Foster made brief comments and then read a quote, “" adult and we should always choose our words wisely." the Consent Agenda as presented seconded by Vice Mayor Hare following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None. Approved minutes of the Regular Council Meeting of March 20, 2018 The next item on the agenda was the annual update from the Roanoke Regional Partnership. Beth Doughty first expressed appreciation to the Town for their support and partnership. Ms. Doughty next commented on 2 related to asset development and outdoor branding. Asset development started with the Western Virginia Regional Industrial Facility Authority and the current Wood Haven Project. The Partnership is supervising the master planning of this project and a Go Virginia grant was received Ridge Marathon is scheduled for April 21st, the Go Fest is scheduled for October 12-14 and the Go Cross is scheduled for Labor Day weekend. Also, t assisting with several of the camping vendors for Explore Park and completed a study of end-river kayak parks. The next area was targeted business investment and in 2017 they had $67 million in expansions and $21 million in new locations with 633 new primary jobs and 1,400- impact is $378 million. 406 information requests relating information for decision making and planning and also had six successful grant applications. Ms. Doughty next commented they add position to their staff. The ability to attract and retain the talent that fuels our businesses and our economy is really critical because the average age in the Valley is high and the rate of population growth is slow. Erin Burcham is the Director of Talent Solutions and her first colleges, scheduled appointments to bring employers to those career centers to establish relationships can use in their recruiting. The Partnership completed a successful fundraising campaign last year $200,000 in private money without any i government funding to enable them to add this position to their staff. registrations were ahead, but she did not have the exact approximately $600,000 for the one day event. 3 The next items on the agenda were several Proclamations. The first Proclamation was for Arbor Day. Anita McMillan commented that the Town will be celebrating the 17th year of Arbor Day on April 18th at 11:30 a.m. This will be in conjunction with the Senior white dogwood Avenue and the Glade Creek Greenway. The Mayor commented on the contents of the Proclamation. The next Proclamation was for National Child Abuse Prevention Month. GFWC Woman’s Club members who were present and Department. Ms. Sowers then made comments regarding the history of the GFWC and some statistics and then presented the Proclamation. The next Proclamation was for National Public Safety Chief of Emergency Communications, introduced three celebrates 50 years of the first 911 call that was taken on February 16, 1968 in Haleyville, Alabama. The 2017 Team of three present were all a part of that Platoon along with their supervisor, Beth Clemson, who Officer of the Year, Debbie Robertson. The Rookie of the Year was Sierra Dailey. the Proclamation. The next item on the agenda was the presentation of the Treasurer/Finance Department commented that this is the second year that the budget document was submitted for consideration a criteria to receive the award and expressed appreciation budget document. 4 Under citizens’ comments and petitions, Danny Harrison, a resident of Vinton, commented on the safety He asked if the traffic light could be changed alternating green light. The Mayor commented that the matter will be referred to the Highway Safety Committee. already on the Committee’s April 10th engineering firm on this intersection and will be reviewed and a recommendation brought back to Council. The letter with the results of that decision. The next item on the agenda was the consideration of public comments regarding setting of the real estate, personal property and machinery and tools tax rates for calendar year 2018. Hearing at 7:40 p.m. Anne Cantrell first commented that the 2018 real estate construction, the net in $8,486,500, which is a tax levy of $334,176 and a calendar year. Also, the proposal is that the personal property tax rates remain the same. closed at 7:43 p.m. Council Member Liles made a motion to adopt the Ordinance year 2018 Council Member McCarty roll call vote, with all members voting: Vote 5-0 (5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None. Council Member Scheid made a motion to adopt the Ordinance calendar year 2018 seconded by Vice Mayor Hare following roll call vote, with all members voting: Vote 5- 0; Yeas (5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None Public Hearing opened Public Hearing closed Adopted Ordinance No. 990 setting the real estate tax rate for calendar year 2018 Adopted Ordinance No. 991 setting calendar year 2018 The next item on the agenda was a briefing on the renewal of the Town of Vinton Employees’ group health 5 Donna Collins commented that the Local Choice propose effective on July 1st. This is the largest increase in the last four years. employees, five informational meetings were held to provide employees with comparison charts and costs for four possible plans to show how it would impact their take-home pay. Each employee was also given a card to indicate their choice of the four plans which are to be returned to HR by April 23rd. Expanded and the 500 plan. We are asking employees to choose from the Expanded, the 500, 250 or the 1,000 deductible. The dental and prescription coverage will be the same in all four plans. There will be a slight variance in co-pays for continue to be free regardless of the plan that is chosen. To date it appears that the 250 and the 1,000 plan are the top choices. The renewal date is April 30th. Council Member Scheid asked if experiencing this increase. Ms. Collins re large increases are across the spectrum. have an increase in claims over a 12- impacts our renewal rate. The next item on the agenda was to consider adoption of a Resolution percentage for Personal Property Tax Relief in the Town of Vinton for the 2018 tax year commen Roanoke County Town’s rate for 2018 at 59.10%, which has been verified by the Town’s Finance Department. This is a decrease from last year’s percentage of around 60%. Vice Mayor Hare made a motion to adopt the Resolution as presented; the motion was seconded by Council Member Scheid and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None. Adopted Resolution No. 2241 setting Town of Vinton for the 2018 tax year The next item on the agenda was to consider adoption of an Ordinance amending certain sections of Chapter 10, “Animals” of the Vinton Town Code Town Manager commented that on February 20th, Theresa Fontana briefed 6 commented that most of the changes in this Code Section were made to conform to the amendments in the State Anima commented on those changes. The most significant, substantive change is on Pages 7- 9. The definition of tethering wa There was discussion at the briefing on how to enforce proposed amendment in Section 10-5 on Page 8. Also, instead of making the violation a Class 4 misdemeanor, it is now Section 10-10, the nuisance violation was changed from being a criminal offense to civil offense. In Section 10- 15 on Page 12, the pick-up fees were increased and the language referring to a stray was removed. 14, the language in Section 10-66 was deleted because it was already incorporated elsewhere in the Code. In response to a question from regarding the definition of “control of an animal” and the Town not having a leash law, the T responded it does not have to be on a leash as long it is under control. Vice Mayor Hare next asked about animals that are not tethered, but are outside all of the time with no food or water. T responded that Section 10-5, subsection (a) would make with adequate food and water. complaint. Chief Foster next commented that the rebuttal suggestion. After further discussion, C Scheid made a motion to adopt the Ordinance as presented; the motion was seconded by Council Member McCarty and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None. Adopted Ordinance amending certain sections of Chapter Code The next item was to consider nominations for the 2018 VML Policy Committees. After some discussion, same nominations from the 2017 slate as follows – Community & Economic Development – Council Quality – Council Member Scheid and Anita McMillan; Finance – General Laws – Chief Tom Foster and Barry W. Thompson; Human Development and Education – 7 Council Member McCarty and Joey Hiner. The motion was seconded by Council Member McCarty and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Grose; Nays (0). VML Policy Committees The Town Manager gave an update from the March GRTC Board meeting that he was not able to attend due to a conflict with his schedule. Kevin Valley Metro STAR pass, but was ride pass and saw it as GRTC. While it would somewhat address any heavy would be offset by average STAR service users who might purchase the pass and would continue to use it over a period of time longer than a month. The Board did agree to raise the cost of the pass fro monthly pass. Mr. Thompson further commented that we we have not been pr changes. He has requested a meeting with him. $96 to $112 and Mr. Thompson responded there was Scheid asked about RADAR vehicles picking up individuals in Roanoke County and who was paying for those trips. The Town Manager responded that those RADAR is where the charge is and they can take you anywhere the Fixed Route can take you. Vice Mayor Hare asked if our Roanoke County citizen status would qualify us for Cortran our own RADAR. The Town Manager commented that Council Member Scheid commented that the TPO has a request from Roanoke County to do a study on with disabilities and they are going to look at it valley wide. the City of Salem and the Town have expressed that share a seat that rotates every two years. The Mayor commented on enhanced quality of life 8 recognize National Child Abuse Prevention and our Telecommunicators workers. Comments from Council: Council Member Scheid commented that Clean Valley Day is scheduled for this Saturday based on the weather if we want to reschedule the litter pick up for April 21st. The Regional Commission is also corridor improvements which will be available in 2019 to provide alternatives and cost estimates. Council to Chief Foster for participating with the Big Brothers/Big Sisters Bigs in Blue Program. He then commented on a suggestion from the organizatio event. Vice Mayor Hare made a motion to adjourn the meeting; the motion was seconded by Council Member Scheid voting: Vote 5-0; Yeas (5) – Hare, Grose; Nays (0) – None. The meeting was adjourned at 8:40 p.m. APPROVED: _______________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, APRIL 17, 2018, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Matthew S. Hare, Vice Mayor Sabrina McCarty MEMBERS ABSENT: Keith N. Liles Janet Scheid STAFF PRESENT: Barry W. Thompson, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Theresa Fontana, Town Attorney Pete Peters, Assistant Town Manager/Director of Economic Development Anne Cantrell, Treasurer/Finance Director Tom Foster, Police Chief Joey Hiner, Public Works Director William Herndon, Assistant Public Works Director Chad Helms, Captain, Fire/EMS The Mayor called the regular meeting to order at 7:00 p.m. The Town Clerk called the roll with, Council Member McCarty, Vice Mayor Hare and Mayor Grose present. Council Member Scheid were absent. Roll call After a Moment of Silence, Chief Wayne Guffey led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events, Council Member McCarty announced the following: April 21 at 9:00 am-Litter Pick Up-Council and Staff- Lakeside Shopping Center; April 25-28-Vinton Dogwood Festival; May 12- Yard Sale; April 23 at 11:30 am-Bike Cutting-Vinton Farmer’ April 22nd am to 2 pm-Drug Take Back- April 18 at 11:30 am-Arbor Day- Senior Center. Chief Foster made brief comments and then read a quote from J. Sterling Morton, “" Ame foreign lands is not like other holidays. Each of those reposes on the past while Arbor Day proposes for the future.” 2 Chief Foster next read a Memo recognizing Officer Jeremy Shrewsbury as Officer of the Month for March. Chief Foster next commented the department as compared to March of 2017: traffic stops increased from 485 to 590 for 22%; calls for service increased from 1,342 to 1,385 f traffic summons issuances increased from 182 to 279 for 53%; drug-related arrests increased from 22 to 52 f to 123 for 76% and DUI arrests increased from 19 to 25 for 32%. The next item on the agenda was a report on the Vinton Volunteer First Aid Crew for March 2018 the agenda package and is on file in the Town Clerk’s Office as a part of the permanent record. After discussion on the fractile response time compared to reaction time, Vice Mayor Hare asked Chief Guffey to include the reaction time in the fractile response time chart for next month. The next item on the agenda was a report on the Vinton Volunteer Fire Department for March 2018. Chief Oakes the agenda package and is on file in the Town Clerk’s Office as a part of the permanent record. A correction was made to the printed report to include March 22nd as an additional day, which would make a total of 12 days for 164 man hours. That night they did the video shoot with RVTV with six members for three hours. He also corrected the Top 3 Man Hours to add three hours to each. With regard to new this month. Another new applicant Firefighter I and II Certified. One is from Bedford and the other one is from South Carolina. He will be sending a letter to the get his certification approved in Virginia. the FY2018-2019. The Town Manager first read portions 3 the Town Clerk’s Office and will be made a part of the permanent record.) comments. balance the budget. The G essentially be up 1.5% year over year the grants and where we think we will end this year. Mayor Hare expressed his concerns that we continue to fund CIP with debt, which k adding to the debt. With regard to the bulk truck in the CIP, Council has core service and the Budget C moved it up on the list. more CIP with a combination of cash and debt. The Mayor commented that the CIP concerns him as well and that it will remain He also expressed increase in salaries for the employees. Perhaps if we have more revenue than what we are projecting at mid-year that we could con staff at that time. at the May 9th Finance Committee meeting, they could come up with scenarios for Council to consider. Other jurisdictions have done one-time spot bonuses as revenues came in. The next item on the agenda was a briefing on a for an Urban Housing Rehabilitation Planning Grant. Pete Peters first commented that Council was briefed at prior meetings on this grant. Staff began the initial Studio to complete a physical assessment of housing work. 16 member stakeholder committee throug January and March. DHCD is requiring that the Town enter into a Planning execution of this agreement, staff wi 4 anticipate submitting a full CDBG Block grant application in March of 2019 to request funds necessary for construction and implementation of the program. A copy of the Agreement was a part of the agenda package. Vice Mayor Hare commented that the Agreement indicates that a work study being cannot get everything in by June 30th, does that mean we pay for it and there is no extensions of the grant application similar to what we benchmarks are being met along the way. Mr. Peters further commented that program and they will work with us to design a scope timeline. They would be perfectly fine if we did not apply for the construction grant next March or if it took us two years to do this program. The Town Manager commented that we were not successful with the Assistance to Firefighters Grant Program for the pumper engine. Over 10,000 assistance were received not meet the minimal requirements. again in the Fall of 2018 and there is a webinar that we can attend to find out why we did not meet the minimum requirements. Captain Helms commented Roanoke County getting an AFG grant for air packs and the County getting a safer grant as well did not favor well for us. Under report from Committees, Vice Mayor Hare reported from proposed budget. The Town Clerk reported from the Highway Safety Committee. The Committee met on April 10th and Doug Adams was elected as Chairman. The Committee discussed the following topics: update on the traffic light sequence at Vinyard/ Hardy Road intersection to be given by the Committee in their report; (2) citizen who inquired about the b 5 Road/Washington Avenue citing VDOT standards for strobe lights and that this intersection does not meet those conditions; (3) approved letter to citizen who requested intersection of Ruddell/Blair/Berkley indicating Committee would not recommend adding a stop sign to this intersection; (4) reviewed request to look at parking on South Maple for safet concerns and referred to Public Works to take a look at the street and also check the VDOT standards with regard to putting up signage for “No Parking” a certain distance from the crest of the hill; (5) reviewed issue with sight distance at Virginia Avenue and referred to and Joey Hiner who the Committee referred to Code Enforcement and (6) update on improvements to the Street intersection to be given by the Committee their report. proactive before someone has an accident. The Town Manager commented that they wou the current business owner. Council Member McCarty reported from the Public Works Committee. Hurt & Proffitt has conducted a study of the intersection of Hardy Road and Vinyard Road and including physical realignment, of almost $250,000 The least expensive and most immediately effective would be changing the green for the north and south Vinyard Rd legs. A at Walnut Avenue and 8th Street that are expected to be clearer through the intersection. There will be no change to the traffic pattern. Council Member McCarty next commented that the owners of property at 329 Highland Road would like to subdivide their lot and the paved entrance road to Gearhart Park crosses onto their lot. requested that the Town vacate a right-of- paper street) that is next to their property. The i indicated that vacation of this particular right-of-way would "land- not permissible under Virginia Code. With regard to fire hydrant replacement, Public 6 performance and out of date. Some hydrants have been measured with lesser flow characteristics and increase flow, but improvements are necessary to increase flow. There are some firefighting equipment and measuring devices, often giving improved flow. more Vice Mayor Hare next asked how many snap ones are left and Mr. Hiner responded approximately 18. Council Member McCarty next commented that staff will be reviewing ordinances of other localities, while looking at current Town refuse collection operations to in effort to revise and enhance the Town Waste ordinance. for May 17th. The Town Clerk reported that a letter had been sent intersection. change. Joey Hiner intersections based on level of service and indicated that this peak is a level the afternoon peak, it is a D and an F. this change, it may affect the time, but will not necessarily lower the level of service. Discussion was also had public once the change is made. The Mayor commented on road work being done by Public Works and all the sprucing up being done for Spring and the upcoming Dogwood Festival. Robin Reed of WDBJ this year. Vice Mayor Hare also commented on the Dogwood Festival. Chief Guffey reported on the Volunteer First Aid Crew’s reaction time for January that 0- was 76% and 1-2 minutes was 22% for February it was 81% and 18% was 83% and 13% for 96%. that the Crew will be providing the 7 Vice Mayor Hare made a motion to adjourn the meeting; the motion was seconded by Council Member McCarty and with all members voting: Vote 3-0-2; Yeas (3) –, McCarty, Hare, Grose; Nays (0) – None; Absent (2) - Liles, Scheid. The meeting was adjourned at 8:25 APPROVED: _______________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date May 1, 2018 Department Administration Issue Proclamation – GBB/CIDP Awareness Month Summary Rick Forney will be present at the meeting to make brief comments and accept this Proclamation. Attachment Proclamation Recommendations Present Proclamation Town Council Agenda Summary PROCLAMATION WHEREAS the month of May, has been designated as "GBS and CIDP Awareness Month" to educate the public and to focus attention on Guillain-Barre Syndrome (GBS) and Chronic inflammatory Demyelinating Polyneuropathy (CIDP), rare, paralyzing and potentially Catastrophic disorders of the peripheral nerves; and WHEREAS, the cause of GBS and CIDP is unknown. The length of the illness is unpredictable. It is characterized by rapid onset of weakness and often, paralysis of the legs, arms, breathing muscles and face. Usually months of hospital care are required with patients and families facing an uncertain future, not knowing if and when recovery will occur. Some may face long-term disabilities of varying degrees. GBS or CIDP can develop in any person at any age, regardless of gender or ethnic background; and WHEREAS, in 1980, the Guillain-Barre Foundation International (now the GBS/CIDP Foundation International), was founded to provide a support network to patients and their families through the national office headquartered in Philadelphia and its 174 chapters with more than 35,000 members throughout the United States, Canada, Asia, Europe, Australia, South America, and South Africa; and WHEREAS, Rick Forney is the Liaison for the local area chapter serving as the link between patients, physicians, nurses and families. The Foundation provides educational materials including a comprehensive booklet, "GBS, an Overview for the Layperson," and newsletters as well as funding medical research and conducting symposia; and WHEREAS, the Foundations Medical Advisory Board includes prominent neurologists active in GBS and CIDP research, leading physicians in rehabilitation medicine, and physicians who, themselves, have had the disorder. NOW, THEREFORE, I, Bradley E. Grose, Mayor of the Town of Vinton and on behalf of Town Council and all our citizens do hereby proclaim the month of May 2018 as GBS/CIDP AWARENESS MONTH in the Town of Vinton and encourages all the citizens to recognize the importance of raising awareness of GBS and CIDP. IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 1st day of May, 2018. Bradley E. Grose, Mayor 1 Meeting Date May 1, 2018 Department Public Works Issue Proclamation - National Drinking Water Week Summary For more than 40 years the American Water Works Association (AWWA) has advocated the recognition and celebration of Drinking Water Week in all cities, counties, and towns across the U.S. This year the theme is "Protect the Source". The value of water should not be underestimated. • Water delivers Public Health Protection. The first obligation of any waterworks is to provide safe water. In the United States, we can drink from any public tap with a high assurance of safety. An estimated 3 million people around the world die every year from waterborne diseases such as cholera and dysentery. • Water delivers Support for the Economy. Businesses or housing developments do not succeed without a safe and sustainable water supply. Tap water is critical to businesses’ day-to-day operations and is often a primary ingredient in the products they create. The incredible value of water is magnified during times of drought and when populations expand into arid climates. • Water delivers Fire Protection. A well-maintained water system is critical in protecting our community from the ever present threat of fire. A system that provides reliable water at adequate pressure can be the difference between a small fire and an urban inferno. The ability to suppress fires also influences new home construction, business location decisions, and insurance rates. • Water delivers Quality of Life. We too often take for granted that safe water is always accessible to drink, to wash clothes, to water lawns, and for a myriad of other purposes. When water service is interrupted, we are reminded of the extraordinary value of water. We in Vinton are blessed with an abundant supply of safe water. We are also the beneficiaries of past generations who made the sacrifices to drill the wells, erect the storage tanks, and build the distribution system that delivers water to us today. We have an obligation to future generations of citizens to make the necessary infrastructure investments to assure the long-term delivery of safe and reliable water. Attachments Proclamation Recommendations Present Proclamation Town Council Agenda Summary PROCLAMATION WHEREAS, water is one of our most valuable resources; and WHEREAS, only tap water delivers public health protection, fire protection, support for our economy, and the quality of life we enjoy; and WHEREAS, any measure of a successful society – low mortality rates, economic growth and diversity, productivity, and public safety – are in some way related to access to safe water; and WHEREAS, we are all stewards of the water infrastructure upon which future generations depend; and WHEREAS, each citizen of our community is called upon to help protect our source waters from pollution, to practice water conservation, and to get involved in local water issues. NOW, THEREFORE, I, Bradley E. Grose, Mayor of the Town of Vinton, and on behalf of Town Council and all our citizens, do hereby proclaim May 6 to May 12, 2018 as NATIONAL DRINKING WATER WEEK in the Town of Vinton. IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 1st day of May, 2018. Bradley E. Grose, Mayor Meeting Date May 1, 2018 Department Administration Issue Proclamation – Municipal Clerks Week Summary The International Institute of Municipal Clerks, a professional, nonprofit association that promotes continuing education and certification of Municipal Clerks for the betterment of the Clerk's profession and the municipalities they serve, has designated May 6 through May 12, 2018 as Municipal Clerks Week. Initiated in 1969 with Proclamations in 1984 and 1996 by Presidents Ronald Reagan and Bill Clinton, respectively and sponsored by IIMC, Municipal Clerks Week recognizes the vital role of the Municipal Clerks in local government, as well as their contributions in serving their communities and educating the public on the significance of their roles. This provides an opportunity for you to thank your Town Clerk by honoring the professionalism and devotion they apply to their work and the constituents of your Town. Attachments Proclamation Recommendations Present Proclamation Town Council Agenda Summary PROCLAMATION WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS the Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the affairs of the Office of the Municipal Clerk. NOW, THEREFORE, BE IT RESOLVED, that I, Bradley E. Grose, Mayor of the Town of Vinton, Virginia, do recognize the week of May 6 through May 12, 2018 as Municipal Clerks Week, and further extend appreciation to our Town Clerk, Susan N. Johnson and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 1st day of May, 2018. Bradley E. Grose, Mayor Meeting Date May 1, 2018 Department Police Department Issue Proclamation - National Police Week Summary In 1962, President John F. Kennedy declared May 15 as Peace Officers Memorial Day, and the week in which it falls as National Police Week. We would like to recognize our law enforcement officers that serve the Town with a proclamation which recognizes National Police Week. Attachments Proclamation Recommendations Present Proclamation Town Council Agenda Summary PROCLAMATION WHEREAS, the Congress and President of the United States have designated May 15 as Peace Officers Memorial Day, and the week in which it falls as Police Week; and WHEREAS, the members of the Vinton Police Department play an essential role in safeguarding the rights and freedoms of the citizens of the Town of Vinton; and WHEREAS, it is important that all citizens know and understand the problems, duties and responsibilities of their police department, and that members of our police department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation; and WHEREAS, the Vinton Police Department has grown to be a modern and scientific law enforcement agency and provides a vital public service. NOW, THEREFORE, I, Bradley E. Grose, Mayor of the Town of Vinton, and on behalf of Town Council and all our citizens, do hereby proclaim May 13, 2018 to May 19, 2018, as NATIONAL POLICE WEEK in the Town of Vinton and call upon all citizens of the Town of Vinton and surrounding areas that are served by the Vinton Police Department to observe this week and to join Town Council in recognizing officers for their faithful and loyal devotion to duty and dedicated service to their community. IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 1st day of May, 2018. Bradley E. Grose, Mayor Meeting Date May 1, 2018 Department Administration Issue Briefing on a request from the William Byrd High School Democracy Matters Club to consider adoption of an Anti-Corruption Resolution Summary The William Byrd Democracy Matters Club has requested that Council consider adopting an Anti-Corruption Resolution. This is a non-partisan, non-binding Resolution that is a statement of support for campaign finance reform and other democracy reform. Versions of this Resolution have already been passed by the Roanoke City Council and in other cities and towns across the nation. Tessa Yarbrough, who is member of the Club will be present to brief Council on this request and answer any questions. Attachments The American Anti-Corruption Act Provisions List Draft Resolution Recommendations No action required Town Council Agenda Summary 12.06.2017 THE AMERICAN ANTI-CORRUPTION ACT 1 THE AMERICAN ANTI-CORRUPTION ACT 1. STOP CONFLICTS OF INTEREST AND POLITICAL BRIBERY PROVISION 1: PROHIBIT POLITICIANS FROM RAISING FUNDS FROM LOBBYISTS ● Members of Congress and candidates for federal office may not accept contributions in connection with an election for federal office from a lobbyist. PROVISION 2: PROHIBIT LOBBYIST CONTRIBUTION BUNDLING ● Prohibit lobbyists from bundling campaign contributions in connection with an election for federal office. PROVISION 3: CLOSE THE REVOLVING DOOR ● Extend the existing revolving door limitations applicable to Members of Congress and congressional staff to 5 years for former Members, and 5 years for former congressional staffers who are either (1) paid at a rate of 75% or more of a Member’s salary, or (2) whose duties are not primarily secretarial in nature. ● Prohibit Members of Congress and senior congressional staff from negotiating or having any arrangement concerning prospective private employment, including engaging in any preliminary or exploratory discussions regarding such employment, while a Member of Congress or senior congressional staff. Represent.Us​ • ​anticorruptionact.org 12.06.2017 THE AMERICAN ANTI-CORRUPTION ACT 2 PROVISION 4: PROHIBIT MEMBERS OF CONGRESS FROM FUNDRAISING DURING CONGRESSIONAL WORKING HOURS ● Prohibit Members of Congress from engaging in political fundraising and soliciting between 9:00 a.m. and 6:00 p.m. on any day in which their House of Congress is in session and is not adjourned or in recess for that entire day, and during any other hours in which the Member’s House of Congress or any committee or subcommittee thereof of which they are a member is conducting business. 2. END SECRET MONEY WITH FULL TRANSPARENCY PROVISION 5: REQUIRE FULL TRANSPARENCY OF SIGNIFICANT POLITICAL FUNDRAISING AND SPENDING ● Require automatic electronic disclosure of political fundraising and expenditures over $200. ● Enact the Democracy is Strengthened by Casting Light on Spending in Elections (DISCLOSE) Act of 2015, S. 229, H.R. 430, 114th Cong, to end dark and grey money. ● Require disclosure of bundlers of contributions. Require incumbent federal officials and candidates for federal office to disclose the identity of any individual who is authorized by or known to the official or candidate to collect and transmit contributions to their campaign committee or leadership PAC, regardless of whether or not the individual is a lobbyist. 3. FIX OUR BROKEN ELECTIONS PROVISION 6: END GERRYMANDERING ● Transfer all authority over redistricting to an independent, fully transparent commission that must follow strict guidelines to ensure accurate representation for all voters, regardless of political party. PROVISION 7: CHANGE HOW ELECTIONS ARE FUNDED ● Give each registered voter a small credit they can use to make a contribution to candidates and PACs that agree to fundraise only from small donors. Represent.Us​ • ​anticorruptionact.org 12.06.2017 THE AMERICAN ANTI-CORRUPTION ACT 3 ● Allow PACs that accept only donations from natural persons no larger than $100 to make contributions to candidates ten times larger than the current limit on traditional PACs. PROVISION 8: LET ALL VOTERS PARTICIPATE IN OPEN PRIMARIES ● Make all candidates for the same office compete in a single, open primary in which all registered voters may participate. The four candidates with the most votes will proceed to the general election. On the primary ballot, allow candidates to display their party preference, and allow parties to display their chosen nominee(s). Establish meaningful thresholds for the number of signatures required to be collected by volunteers in order for a candidate to appear on the ballot. PROVISION 9: LET VOTERS RANK THEIR TOP CANDIDATES USING RANKED CHOICE VOTING, AVOID SPOILERS ● Use ranked choice voting in all elections so voters may rank candidates in order of preference and not be concerned about voting for “spoiler” candidates. PROVISION 10: MAKE EVERY VOTE COUNT IN PRESIDENTIAL ELECTIONS ● Require states to award their Electoral College votes to whoever wins the most votes across the country. PROVISION 11: ​AUTOMATICALLY REGISTER VOTERS ● Automatically register eligible citizens to vote (or update their registration) when they interact with government agencies – at the DMV, getting a hunting license, applying for food assistance, or signing up for the national guard. Citizens can always decline to be registered. 4. ENFORCE THE RULES PROVISION 12: FIX THE FEC’S COORDINATION REGULATIONS ● The FEC’s current coordination regulations permit extensive collaboration between candidates and supposedly “independent” Super PACs. Amend the Federal Election Campaign Act to create reasonable presumptions of coordination under which an expenditure made by a Super PAC is treated as a contribution to the candidate. Represent.Us​ • ​anticorruptionact.org 12.06.2017 THE AMERICAN ANTI-CORRUPTION ACT 4 PROVISION 13: INCREASE LOBBYING DISCLOSURE AND ENFORCEMENT ● Ensure that paid lobbyists are identified. Current law turns on two requirements to trigger lobbyist status: (1) two lobbying contacts, and (2) 20% of time for client spent engaging in lobbying activities. Instead, set the threshold as (1) two lobbying contacts or providing strategic advice to lobbying efforts or directing or supervising the provision of strategic advice to lobbying efforts, and (2) 12 hours or more spent engaging in lobbying activities. ● Require electronic disclosure of the specific officials, offices, committees, or subcommittees contacted; all entities (contractors and subcontractors) employed or retained to engage in lobbying activities, along with description of such lobbying activities; and the identity of each former covered official employed or retained by the registrant who engaged in lobbying activities on behalf of the client, along with description of such lobbying activities. Do away with Internal Revenue Code reporting option for lobbying expenses. ● Any person or entity failing to come into full compliance with the requirements of this Act within one year after being identified by the Comptroller General as noncompliant shall be prohibited from engaging in any activities that would require the person or entity to be a registrant or a lobbyist for a period of 2 years. PROVISION 14: FIX THE FEC AND STRENGTHEN INVESTIGATIVE AND PROSECUTORIAL POWERS. ● Enact the Federal Election Administration Act of 2016, S. 2611, 114th Cong. The Act would replace the failed Federal Election Commission (FEC) with a new 5-member Federal Election Administration (FEA) empowered to find that violations of law have occurred and directly impose civil penalties. The FEA would, like other enforcement agencies, use impartial administrative law judges to hear and decide campaign finance enforcement proceedings. ● Enact the Public Corruption Prosecution Improvements Act of 2012, S. 401, 112th Cong. Sponsored by Senator Leahy (D-VT) and Senator Cornyn (R-TX), the Public Corruption Prosecution Improvements Act of 2012 was included in the Senate-passed version of the STOCK Act, and was based on an identical bill passed by the Senate Judiciary Committee. Represent.Us​ • ​anticorruptionact.org 1 RESOLUTION NO. AT A REGULAR MEETING OF VINTON TOWN COUNCIL HELD ON TUESDAY, MAY 15, 2018 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. A RESOLUTION SUPPORTING STATE AND FEDERAL LEGISLATION THAT FOSTERS, SUPPORTS, ENHANCES, AND STRENGTHENS RESPONSIVE AND RESPONSIBLE GOVERNMENT BY REDUCING THE INFLUENCE OF UNREGULATED CAMPAIGN CONTRIBUTIONS UPON ELECTED OFFICIALS, ESTABLISHING LIMITATIONS UPON GOVERNMENTAL OFFICIALS WHO TRANSITION TO THE PRIVATE SECTOR, AND IMPROVING THE ELECTORAL PROCESS WHEREAS, the proper operation of responsible government requires that public officials and employees be independent, impartial, and accountable to the people; and WHEREAS, decisions and policy established by governments must be made in the best interests of the community and the government and must be responsive to the needs of the community, free of undue or inappropriate influenced by interests and entities regulated by governmental officials, in order that the public maintains confidence in the integrity and transparency of its government; and WHEREAS, $6.5 billion was spent in the 2016 elections throughout the United States, an increase of over half a billion from 2012, with the vast majority of this money coming from special-interest donors, thereby making politicians dependent on a small segment of the population to fund their campaigns; and WHEREAS, the recent expansion of the influence of Super Political Action Committees allows lobbyists to evade existing regulations on political contributions by donating to an organization that is technically separate from the politician(s) it seeks to benefit; and WHEREAS, the Vinton Town Council believes that it is in the best interests of the citizens and businesses in the Town of Vinton and the Roanoke Valley to encourage and support meaningful limits on and full transparency and disclosure involving campaign contributions, coordinated campaigns, and independent expenditures as essential in maintaining and sustaining an educated, engaged and informed electorate; and WHEREAS, closing the “revolving door” where an elected representative or senior staff member parlays their authority to attain a high-paying jobs, has been upheld by courts to prevent employees from being “Influenced in the performance of public duties by the thought of later reaping a benefit from a private individual”; Brown v. District of Columbia Board of Zoning, 423, A.2d 1276, 1282 (D.C. App. 1980); and 2 WHEREAS, an alternate method of financing a political campaign that is conducive to representative and responsive government must be made available to candidates, such as a tax credit program; and WHEREAS, a direct conflict of interest exists when the incumbent representatives from such districts, their staff, or other elected officials are permitted to directly or indirectly re-draw such district lines (also known as “redistricting”); and WHEREAS, research and practice has shown that persons in government with redistricting power have for centuries individually and collectively abused this power by drawing district lines to favor their own re-election and the re-election of their political allies, to disincentivize electoral competition that may threaten their incumbency, and to significantly dilute the voting power of voters of specific partisan persuasion; and WHEREAS, the method of single-choice plurality voting forces voters to engage in strategic and insincere voting tactics, because voting for one’s true favorite can help elect one’s least favorite; and WHEREAS, ranked choice voting promotes majority support, facilitates greater voter choice, discourages negative campaigning, minimizes strategic voting, increases the viability of third-party candidates, and accomplishes these goals in a single election without the need for costly runoff elections; NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Vinton as follows: 1. The Town Council encourages the United States Congress and the Commonwealth of Virginia General Assembly to pursue and enact legislation that establishes substantial requirements on campaign financing, coordinated campaigns, lobbyist bundling, and independent expenditures to ensure and promote responsible government that is responsive to the needs of all people. 2. The Town Council encourages the United States Congress and the Commonwealth of Virginia General Assembly to enact legislation that promotes full transparency and fairness throughout the election process. 3. The Town Council encourages the United States Congress and the Commonwealth of Virginia General Assembly to establish meaningful limitations on the time period between an elected government official or senior unelected government official leaving public service and becoming a lobbyist. 4. The Town Council encourages the United States Congress and the Commonwealth of Virginia General Assembly to pursue and enact measures that encourage increased voter participation in the funding of political campaigns, such as small tax credits for voters to contribute to candidates who only accept small 3 donations. 5. The Town Council encourages the United States Congress and the Commonwealth of Virginia General Assembly to give voters a greater voice in the electoral process by enacting redistricting reform and by establishing a ranked choice voting system. 6. The Town Council provides copies of this Resolution to the Honorable Mark Warner and the Honorable Timothy Kaine, United States Senators, the Honorable Robert Goodlatte, Member of Congress, Honorable Ralph Northam, Governor of the Commonwealth of Virginia, the Honorable David Suetterlein, Senator in the Virginia State Senate, and the Honorable Christopher Head in the Virginia House of Delegates. This Resolution adopted on motion made by ________________, seconded by ___________, with the following votes recorded: AYES: NAYS: APPROVED: ____________________________________ Bradley E. Grose, Mayor ATTEST: _______________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date May 1, 2018 Department Administration Issue Briefing on renewal of the Lease between the Town and The Advancement Foundation for property located at 227 South Pollard Street (upper level of the Health Department Building) Summary Annette Patterson will be present at the meeting to give an update on the HIVE. Pete Peters will brief Council on the renewal of the current Lease. The original Lease with The Advancement Foundation was dated April 21, 2015. Council approved two extensions to the Lease in 2016 and 2017. The current extension expired on April 20, 2018. Staff has negotiated a new Lease with The Advancement Foundation to include an amendment to Section 8, Utilities, that The Advancement Foundation will be responsible for one-half (1/2) of the actual billing for electricity, gas, water and sewer charges to be invoiced by the Town quarterly. The Town will continue to be responsible for the charges for phone and internet provided by Roanoke County IT. The new language has been highlighted in the draft Lease Agreement provided with this agenda. Staff recommends the following: • Extending the current lease to June 30, 2018 and retroactive back to April 21, 2018. • Executing a new Lease to be effective July 1, 2018 (to get it on a fiscal year basis) with the terms and conditions contained in the attached draft Lease The new Lease will be brought back to Council for approval at their June 19th meeting. Attachments Draft Lease Agreement Recommendations Motion to approve extension of current lease to June 30, 2018 retroactive back to April 21, 2018 Town Council Agenda Summary 1 LEASE OF REAL PROPERTY This Lease of Real Property (“Lease”) is entered into this 1st day of July, 2018, by and between the Town of Vinton, (“Town”), a political subdivision of the Commonwealth of Virginia, and The Advancement Foundation (“Tenant”), a Virginia non-profit corporation. 1. RECITALS WHEREAS, Tenant requests to lease a portion of certain Town property located at 227 South Pollard Street, Vinton, VA 24179, for the purpose of providing a location for a business incubator where Tenant will provide comprehensive support for entrepreneurs, such as, assistance with business planning, budgeting, financial literacy, personal business coaching, marketing strategies, networking, access to community wide advisers, micro loan funds, affordable space, and leverage of existing community resources; and WHEREAS, the Town finds that Tenant’s lease of the property will benefit the workforce, promote economic development, and further community service goals by facilitating a key element of the Town’s Economic Development Vitality strategy; and WHEREAS, the Town also finds that Tenant’s lease of the property will benefit the Town by empowering citizens through personal, community, and financial asset development, meeting the needs of local business by increasing downtown visitors, and providing program, events, and services for community organizations and the general public; and NOW THEREFORE, for and in consideration of the mutual benefits and agreements recited herein, the Town and Tenant agree to the following: 2. USE OF TOWN PROPERTY A. The Town agrees to lease to Tenant a portion of the property located at 227 South Pollard Street, specifically including the entire second floor of the Vinton Health Department Building consisting of approximately 3382 square feet (“Premises”). In addition, Tenant will have access to, and non-exclusive use of, the common areas such as walkways, lunchrooms, and lobby. Town will deliver possession of the Premises to Tenant on the Commencement Date in its current “as is” condition. B. Tenant’s use of the Premises shall be limited to office use for its business incubator. Tenant agrees not to use the Premises for any other purpose other than those uses associated with its business incubator. C. Tenant recognizes that the Premises should remain as secure as possible during and after operating hours. Town will issue to Tenant one key necessary to open and close the Premises and the Town retains the right to limit any reproduction of that key and to approve/disapprove of the issuance of keys to individuals. 2 D. Tenant acknowledges that its use of the Premises is limited to the use set forth in 2B above. Tenant may sublease the Premises to businesses participating in its business incubator program; however, the Premises shall not be used for any purpose not described herein. E. Tenant acknowledges that the parking spaces adjacent to the back of the building are reserved for the staff and customers of the Health Department and that it will take steps to ensure that its staff and incubator program participants refrain from using this parking area. Town shall provide parking to Tenant at the Town Hall parking lot located at 311 South Pollard Street, Vinton, VA 24179. F. In exchange for the Town agreeing to Lease the Premises to Tenant as set forth herein, Tenant will: 1. Provide five (5) paid positions and recruit a minimum of 30 professional advisers to focus on the development of the Business Development Center; 2. Provide business program development and management programs including comprehensive business evaluations, advising, and business resource identification; 3. Design and implement an innovative and effective space including development of common areas, and provide a computer lab, office furniture, office equipment, and supplies; 4. Support, expand and launch a minimum of five (5) new businesses in 2015; 5. Provide entrepreneurs personalized training, mentorships, and advice that results in a 60% business success rate in their first year; 6. Establish a network of community businesses, civic organizations, and leaders who are willing to share knowledge and resources in order to increase the skills of the aspiring business owners; 7. Develop a Skills-based Volunteer Bank (SBVB) that maps community volunteers who are willing to provide knowledge and professional skills to involved entrepreneurs; 8. Promote the use of local businesses as part of Tenant’s orientation program; 9. Actively engage entrepreneurs that provide desired/needed products and services for the Town; 3 10. Host a minimum of fifteen (15) training sessions and meetings related to business development; and 11. Tenant will leverage its nonprofit status to expand sponsorships, donations, grants, and volunteers throughout the program development. 3. RENT Tenant hereby agrees to pay rent annually in the amount of $1.00 (“Rent”). Said Rent shall be paid upon commencement of the lease term period and annually thereafter on or before the anniversary of the lease term. 4. TAXES AND ASSESSMENTS Tenant and/or its subtenants shall be liable for, and shall pay before delinquency, any and all taxes and assessments (real and personal) levied against (a) any personal property or trade fixtures placed by Tenant in or about the Premises (including any increased value of the Premises based upon the value of such personal property or trade fixtures), and (b) any Tenant improvements or alteration in the Premises (whether installed and/or paid for by Town or Tenant). If any such taxes and assessments are levied against Town or Town’s property for property occupied/used by Tenant, Town may, after written notice to Tenant (and under proper protest if requested by Tenant), pay such taxes and assessments, and Tenant shall reimburse Town therefore within ten (10) days after demand by Town; provided, however, Tenant, at its sole cost and expense shall have the right, to bring suit in any court of competent jurisdiction to recover the amount of such taxes and assessments so paid under protest. 5. TERM The term of this Lease is for one (1) year, commencing on the 1st day of July, 2018 and ending on June 30, 2019. 6. OPTION TO EXTEND TERM Tenant and Town may mutually agree in writing to extend the term of this Lease for additional one (1) year periods, on the same terms and conditions as set forth herein. A request by Tenant to extend the terms of the Lease shall be made in writing and submitted to the Town Manager prior to the Lease termination date. 7. TERMINATION OF LEASE Tenant and Town shall have the option to terminate this Lease at any time during the Term by giving the other at least ninety (90) days prior written notice. 4 Should Town incur additional costs for improvements, upgrades, modifications, and other items as requested or required by Tenant after the initial occupancy, Tenant shall reimburse Town for those costs. Tenant agrees that at termination of the Lease, Tenant will remove all of Tenant’s equipment, furniture, and all other items of personal property and the Premises shall be left in as good condition as when first occupied, reasonable wear and tear excepted. Notwithstanding the foregoing, should Tenant breach the terms of this Lease, Town shall notify Tenant in writing of the breach and Tenant shall have five (5) business days to cure the breach unless the Town agrees in writing to provide additional time for cure. In the event the breach is not cured within the prescribed time period, Tenant shall immediately remove its equipment, furniture, and other items of personal property and vacate the Premises. 8. UTILITIES Tenant acknowledges that it will pay for one-half (1/2) of the actual billing for electricity, gas, water and sewer associated with its use of the Premises. The Town will invoice the Tenant for said charges on a quarterly basis. Town acknowledges that it will continue to pay for phone and internet charges provided by Roanoke County IT associated with Tenant’s use of the Premises. 9. NOTICES All written notices pursuant to this Lease shall be addressed as set forth below or as either party may hereafter designate by written notice and shall be deemed delivered upon personal delivery, delivery by facsimile or seventy-two (72) hours after deposit in the United States Mail. TO: Town TO: Tenant Town Manager President Town of Vinton The Advancement Foundation 311 South Pollard Street 301 South Pollard Street Vinton, VA 24179 Vinton, VA 24179 10. MAINTENANCE AND INSPECTION Town will provide the same level of maintenance for the Premises as it provides for the rest of the building in which the Premises are located. Town reserves the right during the Term and any extension thereof, for itself or its duly authorized agents or representatives, to enter upon the Premises for the purpose of inspecting same or for any purpose whatsoever. 5 11. DAMAGE TO OR DESTRUCTION TO PROPERTY OR IMPROVEMENTS In the event of damage to or destruction of Town property or Town installed improvements, equipment, or fixtures located within the Premises or in the event Tenant installed improvements, equipment or fixtures that are declared unsafe or unfit for use or occupancy by a public entity with the authority to make and enforce such declaration, Tenant shall, within thirty (30) days, commence and diligently pursue to complete the repair, replacement, or reconstruction of improvements to the same side and floor areas that existed immediately prior to the event causing the damage or destruction as necessary to permit full use and occupancy of the Premises for the purposes required by the Lease. Repair, replacement, or reconstruction of the Premises shall be accomplished in a manner and according to plans approved by the Town Manager and in accordance with any laws or regulations set forth by the Town or Roanoke County. 12. HAZARDOUS SUBSTANCES Tenant shall not use or permit the use of the Premises for the generation, storage, treatment, use, transportation, handling, or disposing of any chemical, material, or substance, which is regulated as toxic or hazardous or exposure to which is prohibited, limited, or regulated by any governmental authority, or which, even if not so regulated, may or could pose a hazard to the health or safety of persons on the Premises or other tenants or occupants of the building in which the Premises is located, and no such chemical, material, or substance shall be brought onto the Premises without the Town’s express written consent. Tenant agrees that it will at all times observe and abide by all laws and regulations relating to the handling of such materials and will promptly notify town of (a) the receipt of any warning notice, notice of violation, or complaint received from any governmental agency or third party relating to environmental compliance and (b) any release of hazardous materials in or on the Premises and/or building. Tenant shall in accordance with all applicable laws, carry out, at its sole cost and expense, any remediation required as a result of the release of any hazardous substance by Tenant or by Tenant’s agents, employees, contractors, or invitees, from the Premises and or building. Notwithstanding the foregoing, Tenant shall have the right to bring on the Premises reasonable amounts of cleaning materials and the like necessary for the operation of Tenant’s business, but Tenants liability with respect to such materials shall be as set forth in this Article. 13. TOWN LIABILITY/INDEMNIFICATION A. Town shall not be liable for any damage or liability of any kind or for any injury to or death of any persons or damage to any property on or about the Premises from any cause whatsoever, except to the extent any such matter is not covered by insurance required to be maintained by Tenant under this Lease and is attributable to Town’s gross negligence or willful misconduct. All property, equipment, and materials, etc., belonging to Tenant, its employees, agents, or invitees, or any 6 occupant of the Premises shall be at the risk of Tenant or other person only, and Town shall not be liable for damage thereto or misappropriation thereof. B. Tenant agrees to indemnify, hold harmless, and defend Town from and against any and all actions or causes of action, claims, demands, liabilities, loss, damage or expense of whatsoever kind and nature, including attorneys’ fees and witness costs, which Town may suffer or incur by reason of bodily injury, including death, to any person or persons, or by reason of damage to or destruction of any property, including the loss of use thereof, arising out of or in any manner connected with Tenant’s exercise of the rights herein granted, or which Town may sustain or incur in connection with any litigation, investigation, or other expenditures incident thereto, due in whole or in part to any act, omission, or negligence of Tenant or any of its representatives or employees. In the event the injuries, including death, or damages are due to the sole negligence of Town or its representatives or employees, then and only then Tenant shall not be liable under the provisions of this paragraph. 14. INSURANCE Tenant shall, at all times during the term of this Lease, maintain adequate liability insurance, reserves, and funding to compensate for bodily injury, personal injury, wrongful death and property damage or other claims including defense costs and other loss adjustment expenses arising out of or related to the above indemnity provisions. At minimum, Tenant will carry at its sole cost and expense the following types of insurance: A. Commercial General Liability Insurance. Licensee shall maintain Commercial General Liability Insurance (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000 each accident/occurrence, $2,000,000 annual aggregate. CGL insurance shall be written on an approved ISO form for coverage in the Commonwealth of Virginia, and shall cover liability arising from premises, operations, independent users, products-completed operations, explosion/collapse, personal injury and liability assumed under insured contract. B. Worker's Compensation Insurance and Employer's Liability Insurance. Licensee shall maintain the applicable statutory Workers' Compensation Insurance, and Employer's Liability Insurance with a limit of at least $500,000 per accident/injury. C. Automobile/Motor Vehicle Liability Insurance. Licensee shall maintain Automobile Liability insurance with a limit of not less than $1,000,000 each accident, $2,000,000 aggregate. Such insurance shall cover liability arising from any motor vehicle as defined by Commonwealth of Virginia laws and shall include coverage for owned, hired and non-owned motor vehicles, as well as uninsured and underinsured motorists. Coverage shall be written on an approved ISO Form for coverage in the Commonwealth of Virginia. This coverage is 7 required only if the Licensee will be operating motor vehicles as a significant operation within, or directly associated with, Licensee's activities on the Property. D. All policies of insurance shall be issued in a form acceptable to Town by insurance companies licensed to conduct business in the Commonwealth of Virginia. Each policy shall be issued in the name of Tenant with Town listed as an additional insured. All policies shall contain a provision that company writing the policy shall give Town at least thirty (30) days’ notice in writing in advance of any cancellation, or lapse, or the effective date of any reduction in the amounts of insurance. Failure to comply with this clause shall constitute a material breach of this Lease and result termination of Tenant’s right to use the Premises as set forth in section 7 herein. 15. LIENS Town Property, including, but not limited to, the Premises shall not be subject to liens for work done or materials used on the Premises made at the request of, or on the order of, or to discharge an obligation of, Tenant. This paragraph shall be construed so as to prohibit in accordance with applicable Virginia law, the interest of the Town in the Premises or any part thereof from being subject to any lien for any improvements made by Tenant or any third-party on Tenant’s behalf (except Town) to the Premises. If any lien or notice of lien on account of an alleged debt of Tenant or any notice of lien by a party engaged by Tenant or Tenant’s contractor or material men for work done to the Premises is filed, Tenant shall, within ten (10) days after the notice of filing, will cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Should Tenant fail to do so, Town may discharge same and any amount paid by town and all costs and expenses, including attorneys’ fees and court costs, incurred by Town in connection therewith, including interest at the statutory rate, shall constitute additional Rent and shall be paid by Tenant to Town on demand. 16. ATTORNEYS’ FEES AND COSTS In the event of any action, suit, or other proceeding concerning or arising out of this Lease, the prevailing party shall recover all of its costs and attorneys’ fees incurred in enforcing the terms set forth herein. 17. APPLICABLE LAW The laws of the Commonwealth of Virginia shall govern the interpretation, validity, performance and enforcement of this Lease. 18. ENTIRE AGREEMENT This Lease constitutes the entire agreement between the parties with respect to the subject matter thereof. No alteration, amendment, change, or addition to this Lease shall be 8 binding upon the Town or Tenant unless reduced in writing, signed, and mutually delivered between them. IN WITNESS WHEREOF, the parties have executed this Lease the day and year first written above. Town of Vinton, a political subdivision The Advancement Foundation, of the Commonwealth of Virginia a Virginia non-profit corporation By__________________________________ By________________________________ Barry W. Thompson, Town Manager Annette Patterson, President APPROVED AS TO FORM By _________________________________ Town Attorney Meeting Date May 1, 2018 Department Planning & Zoning Issue Briefing on the Special Use Permit (SUP) request of Elizabeth Meador to operate an in-home music studio for the instruction of individuals or groups in piano and/or voice at 705 Dillon Drive, Tax Map Number 061.17-03-70, which is zoned R-1 Residential District. Summary Ms. Meador came to the Planning and Zoning office on March 26, 2018, to inquire about operating an in-home music studio in her home for the instruction of individuals or groups in piano and/or voice. She was informed that, per the Vinton Zoning Ordinance Article IV. District Regulations. Division 2. R-1 Residential, a home occupation for a personal service business requires that a Special Use Permit be approved by Vinton Town Council, after a recommendation from the Planning Commission. Attachments 1. Staff report and supporting documents. Recommendations No action required. Town Council Agenda Summary STAFF REPORT PETITIONER: Elizabeth Meador PREPARED BY: Anita McMillan CASE NUMBER: 1-5-18 DATE: April 20, 2018 A. NATURE OF REQUEST Ms. Elizabeth Meador requests a Special Use Permit (SUP) to operate an in-home music studio for instruction of individuals or groups in piano and/or voice at 705 Dillon Drive, Tax Map Number 061.17-03-70, which is zoned R-1 Residential District. B. APPLICABLE REGULATIONS Article IV, District Regulations, of Appendix B, Zoning, of the Town Code Division 2, R-1 Residential District § 4-6. – Intent of district. The intent of the R-1 residential district is to provide appropriate areas for moderate density single-family residential development and promote a suitable residential environment with necessary community facilities and public services. The district is also intended to preserve the predominant character of established neighborhoods and protect single-family residential areas from encroachment by potentially incompatible nonresidential uses and higher density residential uses. § 4-7. – Permitted uses and structures. (b) Special Uses. Use and structure are permitted in the R-1 residential district, subject to approval of a special use permit by the town council. (6) Home occupations for personal service businesses. Article X, Definitions, of Appendix B, Zoning, of the Town Code § 10-2. - Words and terms defined. (78) Personal service business. An establishment or place of business providing a service directly to persons or involving the repair, alteration, maintenance, cleaning or customizing of personal property worn by or carried on a person, and including, health spas, fitness centers, shoe repair shops, tailor and dressmaking shops, travel agencies, clothing rental stores, watch and jewelry repair shops, photographic studios, studios for music, dance or martial arts instruction, tattoo parlors, hobby and craft instruction, and similar uses. C. ANALYSIS OF EXISTING CONDITIONS Background – Ms. Meador came to the Planning and Zoning office on March 26, 2018, to inquire about operating an in-home music studio in her home for the instruction of individuals or groups in piano and/or voice. She was informed that, per the Vinton Zoning Ordinance Article IV. District Regulations. Division 2. R-1 Residential, a home occupation for a personal service business requires that a Special Use Permit be approved by Vinton Town Council, after a recommendation from the Planning Commission. Per Ms. Meador’s application, she would like to be able to provide music lessons for individuals and small groups only. She states that the noise levels should be low with no electronic amplification. Location – 705 Dillon Drive. Topography/Vegetation –The lot is basically flat and grassy with an existing paved driveway and one additional existing graveled parking space in the front. Adjacent Zoning and Land Uses – The properties surrounding the property are zoned R-1 Residential District and are developed with single-family houses. D. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture - The structure is a 2-story, split foyer style single-family house. There is an existing paved driveway, which is approximately 10 feet wide and 64 feet in length. Ms. Meador has indicated that she uses the living room for the lessons that is approximately 13.5 feet by 13.5 feet (182 square feet) in size. She also indicated that she uses the dining room for extra seating area and some instruction that is approximately 12 feet by 10 feet (120 square feet) in size. This is a total of 302 square feet of floor area. According to Ms. Meador’s application, the driveway could accommodate about five (5) vehicles, which is in addition to the one graveled parking space (approximately 17 feet long by 11 feet wide) off the side of the driveway. For a single-family residence, two (2) off-street parking spaces are required. For a personal service business, one (1) parking space per 250 square feet of floor area is required. Site Access – Dillon Drive, a fifty (50) feet wide right-of-way. Ms. Meador states in her application that there is adequate parking available in the existing driveway, which has room enough for about 5 parking spaces, to allow students/parents to park off the street. She also states that the business will generate no more than 2 or 3 cars at one time. Utilities – The existing structure is served by public water and sewer services. Ms. Meador stated in her application that she would use the same amount as a small family. E. COMPREHENSIVE PLAN/FUTURE LAND USE The 2004–2024 Town Comprehensive Plan designates this property, as well as all surrounding properties, as a low-density residential use area. F. STAFF CONCLUSION The proposed use as indicated in the special use permit application may be considered consistent with the general characteristics of the area. In the R-1 Residential District, one identification sign not exceeding two square feet in area is permitted on each lot if such sign identifies only the name of the occupant, or announces a home occupation located on the property. Ms. Meador has submitted additional information regarding her request for the SUP. As indicated in her SUP application form, Ms. Meador proffered the following conditions: 1. There will be no signage for the business. 2. There will be no more than 2 to 3 students’ cars at the home at one time. Staff would like to state that, with a special use permit request, the Planning Commission and Town Council are given the opportunity to review the proposed request and impose such conditions as reasonably necessary to ensure the use will be compatible with the surrounding area and consistent with the purposes of the Zoning Ordinance. F. ACTION NEEDED The Planning Commission will need to make a decision on whether to recommend approval or denial of the request to the Vinton Town Council. Meeting Date May 1, 2018 Department Emergency Services Issue Briefing on proposed updates to the Town of Vinton Emergency Operations Plan Summary The Virginia Department of Emergency Services (VDEM) requires a locality that chooses to have an emergency services program, to have an Emergency Operations Plan (EOP) that is approved by the governing body of that locality. The EOP is required to be re-approved by the governing body every four years. Deputy Chief Linkous will brief Council on the proposed updates and answer any questions. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date May 1, 2018 Department Administration Issue Consider adoption of a Resolution approving the 2018-2019 operating budget of the Roanoke Valley Resource Authority. Summary Council was furnished a copy of the RVRA 2018-2019 operating budget at its April 3rd meeting. In accordance with the Members Use Agreement, the annual budget of the Authority must be submitted for approval by each of the governing bodies after approval by the RVRA Board. Dan Miles, Chief Executive Officer of the RVRA will be present at the meeting to make comments and answer any questions. Attachments RVRA Budget Summary Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, MAY 1, 2018, AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179 WHEREAS, the Town of Vinton, along with Roanoke County, the City of Roanoke and the City of Salem are the governing bodies of the Roanoke Valley Resource Authority (RVRA); and WHEREAS, in accordance with the Amended and Restated RVRA Members and Facilities Use Agreement dated July 1, 2016, the annual budget of the Authority must be submitted for approval by each of the governing bodies after approval by the RVRA Board; and WHEREAS, on March 28, 2018, the RVRA Board approved the 2018-2019 annual budget in the amount of $12,791,411. NOW THEREFORE BE IT RESOLVED, that the Vinton Town Council does hereby approve the 2018-2019 operating budget in the amount of $12,791,411 to operate and maintain the Roanoke Valley Resource Authority. This Resolution shall be effective from and after the date of its adoption. This Resolution adopted on motion made by _______________, seconded by _____________, with the following votes recorded: AYES: NAYS: APPROVED: ____________________________________ Bradley E. Grose, Mayor ATTEST: ________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date May 1, 2018 Department Human Resources Issue Consider adoption of a Resolution authorizing the renewal of the Town of Vinton Employees’ group health insurance coverage with The Local Choice Program for the contract year July 1, 2018 through June 30, 2019. Summary • Local Choice proposed a 12% premium increase in renewal rates effective July 1, 2018. • After discussion with employees and gathering their feedback, the Town will offer the Key Advantage 250 and the Key Advantage 1000 Plans. Each of the plans has the same prescription and dental costs. Vision coverage varies slightly from plan to plan. All wellness preventative procedures are free to employees regardless of the plan they choose. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF VINTON TOWN COUNCIL HELD ON TUESDAY, MAY 1, 2018 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. WHEREAS, the Town of Vinton has participated in the State’s group health insurance program (The Local Choice Health Benefits Program) since July 1, 1990; and WHEREAS, each year, participants of the program are required to submit a renewal acceptance to the Virginia Department of Human Resource Management for the new contract year. NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby authorize renewal of the Town of Vinton Employees’ group health insurance coverage with the State of Virginia (The Local Choice Program) for the contract year July 1, 2018 through June 30, 2019. This Resolution adopted on motion made by _________________, seconded by ______________, with the following votes recorded: AYES: NAYS: APPROVED: ________________________________________ Bradley E. Grose, Mayor ATTEST: _______________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date May 1, 2018 Department Administration Issue Consider adoption of a Resolution authorizing the Town Manager to execute a Planning Grant Agreement between the Virginia Department of Housing and Community Development (DHCD) and the Town for an Urban Housing Rehabilitation Planning Grant Briefing on a Contract to accept a $30,000 grant from the DHCD for an Urban Housing Rehabilitation Planning Grant. Summary Council was furnished a copy of the Planning Grant Agreement and briefed at their April 17th Council meeting. This $30,000 Planning Grant has been award to the Town to fully develop a Housing Rehabilitation Strategy and Plan of Work for a future Community Development Block Grant (CDBG) application that would provide funding for implementation and construction. The planning grant requires no match, although the reimbursement is contingent to the staff meeting various required benchmarks and deadlines during the duration of the 15 month contract. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, MAY 1, 2018 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, the Commonwealth of Virginia has been authorized to distribute and administer Community Development Block Grant (CDBG) funds pursuant to the Housing and Community Development Act of 1974, as amended; and WHEREAS, DHCD has been authorized by the Governor of the Commonwealth of Virginia to distribute and administer CDBG funds in the form of Planning Grants according to the CDBG Program Design; and WHEREAS, DHCD, in consultation with CDBG, has approved an application submitted by the Town of Vinton for a Planning Grant under the Urban Housing Rehabilitation and Ownership Program Grant; and WHEREAS, DHCD, in consultation with CDBG, has awarded a Planning Grant in the amount of $30,000 to the Town of Vinton for planning comprehensive neighborhood improvements to include housing and infrastructure needs for the neighborhoods adjacent to the downtown of the Town of Vinton. NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby authorize the Town Manager to execute said Planning Grant Agreement as presented to Council and any other necessary documents. This Resolution was adopted on motion made by Council Member ____________, seconded by Council Member _________________, with the following votes recorded: AYES: NAYS: APPROVED: ______________________________ Bradley E. Grose, Mayor ATTEST: ______ Susan N. Johnson, CMC, Town Clerk Meeting Date May 1, 2018 Department Finance/Treasurer Issue Consider adoption of a Resolution authorizing the Town Manager to execute an Agreement between the Town and Enterprise Fleet Management, Inc. for a five-year period to procure vehicles on an “Open-end Lease” on an as-needed basis Summary Council was briefed on Enterprise Fleet Management Services on March 20, 2018. The PowerPoint presentation from that meeting is attached for your information. Since that briefing, staff has been working with Enterprise Fleet Management Services and the Town Attorney to prepare the appropriate contract documentation allowing the Town to use the cooperative procurement provision of the City of Norfolk contract. Staff has been able to finalize the documentation and is requesting Town Council to consider authorizing the Town Manager to enter into the contract on behalf of the Town. Attachments PowerPoint presentation from March 20, 2018 briefing Agreement Resolution Recommendations Motion to adopt Resolultion Town Council Agenda Summary 4/26/2018 1 Enterprise Fleet Management Services Town Council Briefing March 20, 2018 Enterprise Fleet Management Services Treasurer/Finance Department2 4/26/2018 2 Enterprise Fleet Management Services •Key Objectives •Lower the average age of the fleet •31% of our current fleet is over 10 years old •Current resale of aging fleet is minimal •Reduce Operating Costs •Newer vehicles have  •significantly lower maintenance expense •increased fuel efficiency with new technology implementations Treasurer/Finance Department3 Enterprise Fleet Management Services •Purchase of fuel through Wright Express •Eliminate Town fueling pumps •Reduce liability •Improved tracking of fuel efficiency •Maintain a manageable vehicle budget •Challenged by inconsistent yearly budgets •Currently vehicle budget is underfunded Treasurer/Finance Department4 4/26/2018 3 Enterprise Fleet Management Services Treasurer/Finance Department5 Enterprise Fleet Management Services Treasurer/Finance Department6 •Currently serving the government sector •Added police vehicles to offered services within  past 2 years •Available to enter into cooperative procurement  agreement •Being reviewed by Finance/Budget Committee for  FY2019 Budget 4/26/2018 4 Enterprise Fleet Management Services Treasurer/Finance Department7 Questions? AGREEMENT BY AND BETWEEN THE TOWN OF VINTON AND ENTERPRISE FLEET MANAGEMENT, INC. This Agreement is made this ____ day of May, 2018, between the Town of Vinton, Virginia, a municipal corporation chartered by the Commonwealth of Virginia, (the "Town") and Enterprise Fleet Management, Inc. (“Contractor”). WHEREAS, the Town desires to procure vehicles on an "Open-end-Lease" on an as- needed basis; and WHEREAS, the City of Norfolk (“City”), issued Request for Proposals 5142-0-2016/SH for Leased Fleet Vehicles (“Services”) on June 20, 2016 (the "RFP"), which included a cooperative procurement provision; and WHEREAS, the Contractor submitted a Proposal dated July 13, 2016, to provide such Services, in response to the RFP (the "Proposal"); and WHEREAS, the City and Contractor entered into a contract for the Services which is still in effect and includes the cooperative procurement provision; and WHEREAS, the Town desires to procure the same Services from Contractor utilizing the cooperative procurement provision and piggy back off of the City contract; WITNESSETH: For and in consideration of the promises set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and Contractor hereby agree to the following terms and conditions: 1. CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, along with the following exhibits (collectively, “Contract Documents”) which are attached hereto and incorporated herein: 1. Exhibit A – the RFP and Addendum # 1 2. Exhibit B – the Proposal 3. Exhibit C - Master Equity Lease Agreement with Amendment. 2. SCOPE OF WORK. The Contractor shall provide vehicles on an “Open-end-Lease” on an as-needed basis for the Town in accordance with all the terms, and conditions and scope of services of this Agreement and its Exhibits. Vehicles shall be sedans, minivans, hybrids, electric vehicles and light pick-up trucks. 1 The Contractor understands and agrees that this Agreement is an indefinite delivery indefinite quantity contract and the Town will have no obligation to the Contractor if no or fewer services are required or requested by the Town. Any quantities which are included in this Agreement are the present expectations of those who are planning for the Town for the period of the Agreement. The amount is only an estimate and the Contractor understands and agrees that the Town is under no obligation to the Contractor to order any amount as a result of having provided this estimate or of having had any normal or otherwise measurable requirement in the past. The Contractor further understands that the Town may require services in excess of the estimated annual contract amount and that such excess shall not give rise to any claim for compensation other than compensation at the rates set forth in this Agreement. The Work under this Agreement to be performed by the Contractor shall be established by Work Order. 3. CONTRACT TERM. The term of this Agreement shall be for a period of five years, commencing on May ___, 2018 and terminate on April ___, 2023. 4. COMPENSATION. The total amount payable for the first year of this Agreement shall not exceed One Hundred Thousand and no/100 Dollars ($100,000.00). The total amount payable under this Agreement shall not exceed Seven Hundred Fifty Thousand and no/100 Dollars ($750,000.00). Contractor will submit invoices to the Town under each Work Order. Payment will be made by the Town in accordance with the terms outlined in Section 3e of Exhibit C Amendment. Invoices shall be sent to: Town of Vinton Attn: Finance Department 311 South Pollard Street Vinton, VA 24179 5. APPROPRIATION. See Section 19 of Exhibit C – Master Equity Lease Agreement 6. PAYMENT OF SUBCONTRACTORS. The Contractor is obligated to take one of the two following actions within seven (7) days after receipt of amounts paid to the Contractor by the Town for work performed by any subcontractor under this Agreement: A. Pay the subcontractor for the proportionate share of the total payment received from the Town attributable to the work performed by the subcontractor under this Agreement; or 2 B. Notify the Town and the subcontractor, in writing, of the Contractor's intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment. The Contractor is obligated to pay interest to the subcontractor on all amounts owed by the Contractor to the subcontractor that remain unpaid after seven (7) days following receipt by the Contractor of payment from the Town for work performed by the subcontractor under this Agreement, except for amounts withheld as allowed in subsection b., above. Unless otherwise provided under the terms of this Agreement, interest shall accrue at the rate of one percent (1%) per month. The Contractor shall include in each of its subcontracts, if any are permitted, a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor. The Contractor's obligation to pay an interest charge to a subcontractor pursuant to this section may not be construed to be an obligation of the Town. A Contract modification or Amendment to this Agreement may not be made for the purpose of providing reimbursement for such interest charge. A cost reimbursement claim may not include any amount for reimbursement for such interest charge. 7. EMPLOYMENT DISCRIMINATION BY CONTRACTOR PROHIBITED. During the performance of this Agreement, the Contractor agrees as follows: A. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability or any other basis prohibited by state law related to discrimination in employment except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an Equal Opportunity Employer. C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. D. The Contractor will comply with the provisions of the Americans with Disabilities Act of 1990 which prohibits discrimination against individuals with disabilities in employment and mandates their full participation in both publicly and privately provided services and activities. 3 E.The Contractor will include the provisions of the foregoing paragraphs in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 8. COMPLIANCE WITH FEDERAL IMMIGRATION LAW. At all times during which any term of this Agreement is in effect, Contractor shall not knowingly employ any unauthorized alien. For purposes of this section, an “unauthorized alien” shall mean any alien who is neither lawfully admitted for permanent residence in the United States nor authorized to be employed by either Title 8, section 1324a of the United States Code or the U.S. Attorney General. 9. AUTHORIZATION TO TRANSACT BUSINESS IN THE COMMONWEALTH. The Contractor hereby represents that it is organized as a stock or non-stock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership and is authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. 10.DRUG-FREE WORKPLACE TO BE MAINTAINED BY CONTRACTOR. During the performance of this Agreement, the Contractor agrees to (i) provide a drug- free workplace for the Contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor by Town of Poquoson in accordance with the Town of Poquoson Purchasing Resolution, the employees of which contractor are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. 11.INDEMNIFICATION. The Contractor shall indemnify and save harmless the Town and its representatives from and against all losses and claims, demands, suits, actions, payments, and judgments arising from personal injury or otherwise, brought or recovered against the Town and its representative by reason of any act, negligence or omission of the Contractor, its agents, servants or employees, in 4 the execution of the contracted work, including any and all expense, legal and otherwise, incurred by the Town or its representatives in the defense of claim or suit. This paragraph shall survive the expiration or termination of this Agreement. 12. INSURANCE REQUIREMENTS. Contractor shall maintain during the term of this Agreement insurance and/or plans of self-insurance of the types and in the amounts described below. All general liability and automobile/vehicle liability policies will be written in an "occurrence" coverage on an ISO form approved for issue in the Commonwealth of Virginia unless otherwise specifically approved by the Town. The Town of Vinton will be named as "Additional Named Insured" on such policies. Insurance policies shall provide that the Contractor will receive at least thirty (30) days written notice in the event of cancellation of any of the policies, but failure to do so shall not impose any obligation or liability of any kind upon the insurer or invalidate such cancellation. If the Contractor fails to maintain the insurance as set forth in this Agreement, the Town shall have the right, but not the obligation, to purchase such insurance at Contractor’s expense. COMMERCIAL GENERAL LIABILITY INSURANCE. The Contractor shall maintain Commercial General Liability Insurance (“CGL”) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000 each occurrence, $2,000,000 general aggregate. CGL insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, contractual liability and personal injury. WORKERS’ COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE: The Contractor shall maintain the applicable statutory Workers' Compensation Insurance, and Employer's Liability Insurance with a limit of at least $500,000 per accident/disease, and policy limit of $500,000. AUTOMOBILE/MOTOR VEHICLE LIABILITY INSURANCE: The Contractor shall maintain Automobile Liability insurance with a limit of not less than $1,000,000 combined single limit; or, Bodily Injury $1,000,000 each person, $1,000,000 accident, and Property Damage $100,000 each accident. Such insurance shall insure against liability arising from any motor vehicle as defined by Commonwealth of Virginia laws and shall include coverage for owned, hired and non-owned motor vehicles, as well as uninsured and underinsured motorists. Coverage shall be written on an approved ISO Form for coverage in the Commonwealth of Virginia. INSURANCE CERTIFICATES. The Contractor shall, upon award, furnish the Town with a certificate(s) of insurance evidencing policies required in the insurance requirements section of this document. The certificate(s) shall specifically indicate that the insurance includes any extensions of coverage required above. In the event of cancellation of any of the policies, the Contractor shall notify the Town within at least 14 days after receiving notice of such cancellation and provide evidence that insurance coverage is in place to meet the requirements of this agreement. If coverage on said certificate(s) is shown to expire prior to completion of all terms of this Agreement/Contract, the Contractor shall furnish a certificate of insurance evidencing renewal of such coverage to the Town within 10 days of the effective date such renewal. All certificates shall be executed by a duly authorized representative of each insurer, 5 showing compliance with the requirements of this agreement. Failure of the Town, and, or the Town’s designated agents for this Agreement, to (1) demand such certificates or other evidence of full compliance with these requirements, and, or (2) identify a deficiency from evidence that is provided shall not be construed as a waiver of the Contractor’s obligation to maintain such insurance. SUBCONTRACTOR'S INSURANCE: The Contractor shall require each of his subcontractors to take out and maintain during the life of the subcontract insurance coverage of the same type and limits required of the Contractor for work performed by the sub-contractor. Each subcontractor shall furnish to the Contractor certificates of insurance evidencing such insurance. The subcontractor shall comply with the same requirements regarding indications of coverage, renewal and submission of policies as is required of the Contractor. The Contractor shall furnish at least one copy the subcontractor’s certificate to the Town. 13. INDEPENDENT CONTRACTOR. The Contractor is an independent contractor and neither the Contractor nor its employees or subcontractors will, under any circumstances, be considered employees, servants or agents of the Town. The Town will not be legally responsible for any negligence or other wrongdoing by the Contractor, its employees, servants or agents. The Town will not withhold payments to the Contractor for any federal or state unemployment taxes, federal or state income taxes, Social Security tax, or any other amounts for benefits to the Contractor. Furthermore, the Town will not provide to the Contractor any insurance coverage or other benefits, including workers' compensation, normally provided by the Town for its employees. 14. GOVERNING LAW AND VENUE. This Agreement and the work performed hereunder shall be governed in all respects by the laws of the Commonwealth of Virginia, and the venue for any litigation with respect thereto shall be in the Circuit Court for Town of Vinton, Virginia, and in no other court. 15. COMPLIANCE WITH LAWS. In performing its Work pursuant to this Agreement, the Contractor shall comply with applicable federal, state, and local laws, ordinances and regulations. 16. FORCE MAJEURE. The Contractor shall not be held responsible for failure to perform the duties and responsibilities imposed by this Agreement if such failure is due to fires, riots, rebellions, natural disasters, wars, acts of terrorism, or an act of God beyond control of the Contractor, and outside and beyond the scope of the Contractor’s then current, by industry standards, disaster plan, that make performance impossible or illegal, unless otherwise specified in the Contract. 6 17. NOTICES. Unless otherwise provided herein, all notices and other communications required by this Agreement shall be deemed to have been given when made in writing and either (a) delivered in person, (b) delivered by an agent, such as an overnight or similar delivery service, or (c) deposited in the United States mail, postage prepaid, certified or registered, addressed as follows: TO THE CONTRACTOR: Enterprise Fleet Management, Inc. 223 Water Country Parkway Williamsburg, VA 23185 TO THE TOWN OF VINTON: Town Manager 311 South Pollard StreetVinton, VA 24179 With copy to: Town Attorney415 South College AvenueSalem, VA 24153 18. BUSINESS LICENSES. The Contractor must comply with the provisions of the Town’s Code concerning business licenses, if applicable. For information on the requirements and its applicability to this Agreement, the Contractor must contact the Town’s Finance Department. 19.DEFAULT AND TERMINATION. If Contractor fails or refuses to perform any of the terms of this Agreement, including poor services, work or materials, the Town may, by written notice to Contractor, terminate this Agreement in whole or in part. In addition to any right to terminate, the Town may enforce any remedy available at law or in equity in connection with such default, and Contractor shall be liable for any damages to the Town resulting from Contractor's default. The Town further reserves the right to immediately obtain such work or services from other entities in the event of Contractor ’s default. 20.SUSPENSION OR TERMINATION OF AGREEMENT BY TOWN. The Town, at any time, may order Contractor to immediately stop work on this Agreement, and/or by thirty (30) days written notice may terminate this Agreement, with or 7 without cause, in whole or in part, at any time. Upon receipt of such notice, the Contractor shall immediately discontinue all services affected (unless the notice directs otherwise), and deliver to the Town all data (including electronic data), drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Contractor in performing this Agreement whether completed or in process (unless otherwise directed by the notice). See Section 14 of Exhibit C - Amendment The rights and remedies of the Town provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement and Town may pursue any and all such rights and remedies against Contractor as it deems appropriate. 21. ASSIGNMENT See Section 15 of Exhibit C – Master Equity Lease Agreement. 222. ENTIRE AGREEMENT. This Agreement constitutes the final, complete and exclusive written expression of the intents of the parties with respect to the subject matter hereof which the Enterprise Master Equity Lease Agreement and Addendum will supersede all previous verbal and written communications, representations, agreements, promises or statements. 23. SEVERABILITY. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision was not contained herein. [SIGNATURES PAGES TO FOLLOW] 8 WITNESS the following signatures: ENTERPRISE FLEET MANAGEMENT, INC. TOWN OF VINTON, VIRGINIA: By: ___________________________ Print name/title: _________________ By: ___________________________ Barry W. Thompson, Town Manager _______________________________ Date: ________________ Date: ____________________ APPROVED AS TO FORM: By: __________________________ Town Attorney 9 1 | P a g e RFP 5142-0-2016/SH Leased Fleet Vehicles Issuing Office: Office of the Purchasing Agent Attn: Silvester A. Howell, Procurement Specialist 232 E. Main Street, Suite 250 Norfolk, VA 23510 V: 757-823-4585 Silvester.howell@norfolk.gov Issued: June 20, 2016 RFP OPENING DATE AND TIME: July 13, 2016 2:00 p.m. Eastern Time ACKNOWLEDGE RECEIPT OF ADDENDUM: #1____ #2____ #3____ #4____ (Please Initial) THE UNDERSIGNED AGREES TO PERFORM ANY CONTRACT AWARDED AS A RESULT OF THIS RFP, IN ACCORDANCE WITH THE REQUIREMENTS OF AND ATTACHED AGREEMENT TERMS & CONDITIONS SPECIFIED HEREIN. THE SIGNATURE BELOW SHALL BE PROVIDED BY AN AGENT AUTHORIZED TO BIND THE COMPANY. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN REJECTION OF THE OFFERORS PROPOSAL. EXHIBIT A 2 | P a g e TABLE OF CONTENTS TABLE OF CONTENTS ..................................................................................................................................................... 2 SECTION I – BACKGROUND, PURPOSE AND SCOPE OF SERVICES .................................................................. 4 A. BACKGROUND: ............................................................................................................................................. 4 B. PURPOSE: ...................................................................................................................................................... 4 C. SCOPE OF SERVICES: .................................................................................................................................... 4 SECTION II – INSTRUCTIONS TO OFFERORS .......................................................................................................... 7 A. CONTACT WITH CITY STAFF, REPRESENTATIVES, AND/OR AGENTS: ..................................................... 7 B. OFFERORS OF RECORD: .............................................................................................................................. 7 C. PRE-PROPOSAL CONFERENCE: ................................................................................................................. 7 D. QUESTIONS AND ADDENDA: ........................................................................................................................ 7 E. OFFEROR OBLIGATION: .............................................................................................................................. 7 F. ANTI-COLLUSION: ....................................................................................................................................... 7 G. ETHICS IN PUBLIC CONTRACTING: ............................................................................................................ 7 H. NONDISCRIMINATION: ................................................................................................................................ 8 I. DEBARMENT CERTIFICATION: ................................................................................................................... 8 J. COMPLIANCE WITH FEDERAL IMMIGRATION LAW: ................................................................................. 8 K. AUTHORIZATION TO TRANSACT BUSINESS IN THE COMMONWEALTH ...................................................... 8 L. SCHEDULE OF EVENTS: ............................................................................................................................... 8 M. PROPOSAL SUBMISSION: ............................................................................................................................... 9 N. PREPARATION OF PROPOSALS: ................................................................................................................... 9 O. PROPRIETARY INFORMATION/NON-DISCLOSURE:...................................................................................... 9 P. EXCEPTIONS TO THE CITY’S CONTRACTUAL TERMS AND CONDITIONS ................................................. 9 Q. RFP CLOSING ............................................................................................................................................ 10 R. PROPOSAL BINDING FOR ONE-HUNDRED EIGHTY (180) DAYS: ............................................................. 10 S. COST INCURRED IN RESPONDING: ............................................................................................................ 10 T. DISPOSITION OF PROPOSALS: ................................................................................................................... 10 U. PROPOSAL EVALUATION PROCESS: ......................................................................................................... 10 V. PRESENTATIONS: ....................................................................................................................................... 10 W. AWARD: ...................................................................................................................................................... 11 X. PROTESTS: .................................................................................................................................................. 11 Y. COOPERATIVE PROCUREMENT: .............................................................................................................. 11 SECTION III – CONTRACT TERMS AND CONDITIONS ........................................................................... 12 TERM AND/OR TIME OF PERFORMANCE ................................................................................................ 12 ANY AGREEMENT RESULTING FROM THIS PROPOSAL SHALL BE FOR FIVE (5) YEARS, AND SHALL BE FOR A FIRM-FIXED PRICE. ALL POTENTIAL OFFERORS SHALL SUBMIT THEIR PROPOSALS IN ACCORDANCE WITH ALL TERMS AND CONDITIONS AS NOTED IN THIS PROPOSAL. ................................... 12 INSURANCE REQUIREMENTS - ................................................................................................................... 12 APPROPRIATION OF FUNDS ....................................................................................................................... 13 INDEPENDENT CONTRACTOR ................................................................................................................................... 16 SEVERABILITY WAIVER ............................................................................................................................................................ 16 CHANGES ......................................................................................................................................................... 16 CHANGES ............................................................................................................................................................. 16 GOVERNING LAW AND VENUE ETHICS IN PUBLIC CONTRACTING NONDISCRIMINATION 3 | P a g e DRUG FREE WORKPLACE............................................................................................................................ 16 COMPLIANCE WITH FEDERAL IMMIGRATION LAW ......................................................................... 17 AUTHORIZATION TO TRANSACT BUSINESS IN THE COMMONWEALTH ....................................... 17 SECTION IV– PROPOSAL SUBMITTAL REQUIREMENTS ................................................................................... 18 ATTACHMENT A: ANTI-COLLUSION STATEMENT.............................................................................................. 21 ATTACHMENT B: ETHICS IN PUBLIC CONTRACTING ....................................................................................... 22 ATTACHMENT C: NONDISCRIMINATION ............................................................................................................... 25 ATTACHMENT D: DEBARMENT CERTIFICATION ............................................................................................... 26 ATTACHMENT E: COMPLIANCE WITH FEDERAL IMMIGRATION LAW ...................................................... 28 ATTACHMENT F: COMPLIANCE WITH STATE LAW – AUTHORIZATION TO TRANSACT BUSINESS IN THE COMMONWEALTH OF VIRGINIA ........................................................................................... 30 x CERTIFICATION. ................................................................................................................................................... 30 4 | P a g e SECTION I – BACKGROUND, PURPOSE AND SCOPE OF SERVICES A. Background: The City of Norfolk (the “City”) is soliciting offerors to provide for “Open-end-Lease” vehicles for the Department of Human Services. These vehicles will be used on a daily basis to transport clients of the City to-and-from appointments on an as-needed basis. This service is vital to needs of the citizens of the City who otherwise would not be able to attend the necessary scheduled appointments. B. Purpose: The purpose of this Request for Proposals (“RFP”) is to solicit qualified and capable offerors to establish a five (5) year contract to supply vehicles on an “Open-end-Lease” on an as-needed basis for the City in accordance with all the terms, and conditions and scope of services of this RFP. Vehicles shall be sedans, minivans, hybrids, electric vehicles and light pick-up trucks. The City reserves the right to order any amount of “Open-end” leased vehicles and services identified in this RFP that it deems in the best interest of the City. C. Scope of Services: The scope of work to address the above stated purpose is as follows: 1. Requirements: All potential offerors shall provide the following: I. Three (3), Four (4) or Five (5) year Open-End lease with no mileage restrictions. II. Vehicles shall be depreciated at one and one-half (1.5%) per month with a minimum of ten percent (10%) Residual Book Value. III. Offerors shall supply End of Term Balance at the end of the agreed term. IV. Rates shall be inclusive of all fees and charges, minus taxes, the City is tax exempt. V. Offerors shall provide a service and maintenance option for up to twelve thousand (12,000) miles per year in accordance with manufacturer specifications. VI. Offerors shall provide leased vehicle reports to the City Fleet Manager as requested. 2. Service and Maintenance Requirements: The City will keep and maintain each vehicle in normal operating condition and be responsible for making sure all service, maintenance, and repairs are performed to maintain the warranty. As the City deems necessary, it may request maintenance services be included on select leased vehicles. The City shall be responsible for damage to leased vehicles where such damage is not beyond economical repair, where such damage is declared a “total loss” by an Insurance company licensed and authorized to conduct business in the Commonwealth of Virginia. Damage due to normal wear and tear or manufacturer’s defects are the sole responsibility of the successful offeror. offerors shall submit separate pricing for a program in which the maintenance is an optional monthly charge that will cover any and all preventative maintenance as specified by the manufacturer for the life of the lease. The City reserves the right to not participate in any service and maintenance program that it deems not in their best interest. 3. Ordering periods shall be as follows: Vehicles shall be current or new model year at the time of lease. I. First ordering Period – Date of award through model year. 5 | P a g e II. Second ordering Period – Expiration of First Ordering period through one calendar year. III. Third ordering Period – Expiration of Second Ordering period through one calendar year. IV. Fourth ordering Period – Expiration of Third Ordering period through one calendar year. V. Fifth ordering Period – Expiration of the Fourth Ordering Period through one calendar year. 4. Delivery Schedule: The successful offeror shall deliver vehicles within ninety (90) days after receipt of an order for a given vehicle. In the event delivery cannot be completed within this period, the successful offeror shall notify the City Fleet Manager within twenty (20) days when it becomes aware it cannot meet the schedule and shall indicate the reason for the delay and give the City a projected delivery date. The City reserves the right to cancel the order at that time without cost to the City. In any event, the City’s obligation to pay does not commence until the City accepts delivery of a vehicle from the offeror. 5. Reporting Requirements: The successful offeror shall provide a contract status report which includes, but is not limited to, all vehicles delivered, or otherwise in the possession of the City at any time during the previous six (6) month period. A separate section of the report shall address outstanding undelivered orders. The report shall include, at a minimum, the following vehicle information: vehicle year, make and model, vehicle identification number, date of delivery, and months in service. This report shall be presented in a spreadsheet product compatible with Microsoft Excel and is preferred to be accessible online monthly. The successful offeror shall provide two (2) hard copies and two (2) electronic copies of the report. The City will review this information and compare it to the City’s records to detect potential inconsistencies requiring resolution. During the third and ninth months of each ordering period, the successful offeror shall meet with the City to discuss a contract status report. The City may also request additional meetings with the successful offeror. The successful offeror shall work in good faith to meet with the City for any additional meetings in a timely manner. 6. End of Lease Options (Open-End Lease): At the end of the lease term, the City may do the following: offer the vehicle for sale to a third party, purchase the vehicle from the successful offeror for the end of term obligation (Reduced Book Value plus other charges), extend the lease term, or turn the vehicle in to the successful offeror. When vehicles are turned in to the successful offeror, the successful offeror shall check-in the vehicle using a written report, and within four (4) weeks, the successful offeror shall provide the City a minimum market value report for the vehicles based on at least two (2) proposals. 7. Vehicle Mileage and Term: The offeror shall provide, and the City may consent to a desired timeframe for mileage interval different than the levels requested by the City, if such intervals provide advantages to the offeror, the City, or both, such as lower lease price due to better vehicle resale potential. 8. Vehicle Inspection: 6 | P a g e All vehicles leased under the resulting agreement shall be inspected by the successful offeror no later than sixty (60) days prior to the end of the lease term, at which point a vehicle inspection report with any and all findings shall be provided to the City Fleet Manager detailing the general condition of the vehicle. 9. Each vehicle shall be of excellent quality and in safe operating condition. The City shall accept or reject the vehicles within a reasonable time after delivery. If the City determines that any vehicle is defective or unsafe at delivery, the City shall inform the successful offeror in writing within a reasonable time. 7 | P a g e SECTION II – INSTRUCTIONS TO OFFERORS A. Contact with City Staff, Representatives, and/or Agents: Direct contact with City staff, representatives, and/or agents other than the Issuing Office staff on the subject of this RFP or any subject related to this RFP is expressly prohibited except with the prior written permission of the Purchasing Agent. B. Offerors of Record: Offerors receiving a copy of this RFP from a source other than the Issuing Office, should consult the City’s Procurement website www.norfolk.gov/purchasing. C. Pre-proposal Conference: There will be a pre-proposal conference on June 29, 2016 at 2:00pm at 232 E. Main Street Suite 250 in Norfolk VA. D. Questions and Addenda: Offerors shall carefully examine this RFP and any Addenda. Offerors are responsible for seeking clarifications of any ambiguity, conflict, omission, or other errors in this RFP in writing. Questions shall be addressed to Silvester A. Howell, at Silvester.howell@norfolk.gov. If the answer materially affects this RFP, the information will be incorporated into an Addendum and posted on City’s Procurement website www.norfolk.gov/purchasing. This RFP and any Addenda shall be incorporated by reference into any resulting Agreement. Offeror is responsible for checking Issuing Office or the City’s Procurement website www.norfolk.gov/purchasing within 48 hours prior to the proposal closing to secure any Addendum issued as part of this RFP. Oral comments and/or instructions do not form a part of this RFP. Changes or modifications to this RFP made prior to the date and time of closing will be addressed by Addendum from the Issuing Office. All questions shall be submitted no later than 5:00pm EST on June 30, 2016. Questions received after that time will not be considered. The answers to questions submitted will be provided in Addendum # 1 which shall be posted on July 5, 2016 @ 5:00 pm. Any additional questions shall be submitted no later than 5:00 PM EST on. Questions received after that time will not be considered. Any answers to the questions will be posted in Addendum #2 on, if necessary. E. Offeror Obligation: Offeror shall carefully examine the contents of this RFP and any subsequent addenda and inform itself fully of the conditions relating to services required herein. Failure to do so shall not relieve the successful offeror of its obligation to fulfill the requirements of any contract resulting from this RFP. F. Anti-Collusion: Collusion or restraint of free competition, direct or indirect, is prohibited. Offerors are required to execute the anti-collusion statement. See Attachment A. G. Ethics in Public Contracting: The Offeror shall familiarize itself with Chapter 33.1, Article VII (§§ 33.1-86 through 33.1-93) of the Code of the City of Norfolk, Virginia, 1979, as amended, entitled “ETHICS IN PUBLIC CONTRACTING,” including 8 | P a g e the additional statutes set forth in § 33.1-86 thereof, which are attached. The offeror shall abide by such provisions in submission of its proposal and performance of any contract if awarded. See Attachment B. H. Nondiscrimination: The contractor agrees that it will adhere to the nondiscrimination requirements set forth in the Code of the City of Norfolk Section 33.1-53, which will be incorporated into any contract awarded. See Attachment C. I. Debarment Certification: The certification regarding debarment, suspension, proposed debarment, and other responsibility matters attached to this RFP must be executed and returned with proposals. See Attachment D. J. Compliance with Federal Immigration Law: The Contractor shall certify that, at all times during which any term of an agreement resulting from this solicitation is in effect, it does not and shall not knowingly employ any unauthorized alien. For purposes of this section, an “unauthorized alien” shall mean any alien who is neither lawfully admitted for permanent residence in the United States nor authorized to be employed by either Title 8, section 1324a of the United States Code or the U.S. Attorney General. See Attachment E. K. Authorization to Transact Business in the Commonwealth Contractor shall certify that it is organized as a stock or non-stock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership and is authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. See Attachment F. L. Schedule of Events: Event Date RFP Issued June 20, 2016, 2016 Pre-proposal Conference June 29, 2016 @ 2:00 PM Question Deadline June 30, 2016 @ 5:00 PM Addenda Issued July 5, 2016 Proposals Due July 13, 2016 Oral Presentations, if any Week of July 18-22, 2016 Negotiations TBD Intent to Award posted TBD Executed Contract TBD Contract commences 9 | P a g e M. Proposal Submission: Proposals meeting the requirements set forth in Section IV shall be submitted by hand or delivered in a sealed envelope no later than the time and date deadline specified in this RFP to: City of Norfolk, Virginia Office of the Purchasing Agent Suite 250 232 E. Main Street Norfolk, Virginia 23510 Timely submission of the proposal is solely the responsibility of the offeror. Proposals received after the specified date and time will be not be accepted. N. Preparation of Proposals: In presenting their proposals, offerors are encouraged to be thorough in addressing the specific requirements and scope of work and the Submittal Requirements set forth in Section IV. It is solely the offeror’s responsibility to ensure that all pertinent and required information is included in its proposal. Failure to adhere to the format set forth in Section IV and to include the required information could result in a poor evaluation of the offeror’s proposal. The City reserves the right to determine if a proposal is incomplete. O. Proprietary Information/Non-Disclosure: Offeror is advised that City Code section 33.1-9 and Section 2.2-4342 of the Code of Virginia, 1950, as amended, shall govern public inspection of all records submitted by Offeror. Specifically, if Offeror seeks to protect any proprietary data or materials, pursuant to Section 2.2-4342, Offeror shall: invoke the protections of this section prior to or upon submission of the data or other materials, provide a statement that identifies the data or other materials to be protected and that states the reasons why protection is necessary. Submit trade secrets, confidential documents or other proprietary information under separate cover in a sealed envelope clearly marked “PROPRIETARY”. Information submitted that does not meet the above requirements will be considered public information in accordance with State statutes. References to the proprietary information may be made within the body of the proposal; however, all information contained within the body of the proposal shall be public information in accordance with State statutes. Trade secrets, confidential documents or proprietary information submitted by an offeror in conjunction with this RFP are not subject to public disclosure under the Virginia Freedom of Information Act (“VFOIA”). Information submitted that does not meet the above requirements will be considered public information in accordance with the VFOIA. An all-inclusive statement that the entire Proposal is proprietary and/or confidential is unacceptable. A statement that offeror’s costs and/or proposal pricing are to be protected is unacceptable. Offeror will be requested to remove any such statement(s) in order to be eligible for further consideration. P. Exceptions to the City’s Contractual Terms and Conditions Identify any exceptions to the City’s Contract Terms and Conditions (set forth in Section III), including any proposed revision(s), and an explanation of why any such revision is needed. For each exception, offeror will specify the RFP page number, section number, and the exception taken. Offeror must not incorporate its standard contract document into its proposal, by reference or in full text, without listing each exception it represents to the terms and conditions of this RFP. 10 | P a g e Q. RFP Closing Offeror shall ensure its proposal is delivered to and is time stamped by the Issuing Office no later than the Closing Date and Time shown on the cover page of this RFP. Proposals received after the specified date and time will not be considered and will be returned to the Offeror unopened. R. Proposal Binding For One-hundred Eighty (180) Days: Offeror agrees that its proposal shall be binding and may not be withdrawn for a period of one-hundred eighty (180) calendar days after the scheduled closing date of this RFP. S. Cost incurred in Responding: This RFP does not commit the City to pay any costs incurred in the preparation and submission of proposals or in making necessary studies or designs for the preparation thereof, nor to procure or contract for services. T. Disposition of Proposals: On receipt by the City, all materials submitted in response to this RFP will become the property of the City. One (1) copy of each proposal shall be retained for official files and will become a public record after the award and subject to the Virginia Freedom of Information Act (“VFOIA”) provisions. U. Proposal Evaluation Process: Evaluation of proposals will be within the discretion of the City. It is the intent of this RFP that all services be provided complete in all respects without need by the City to engage separate technical expertise of services. Upon receipt of the proposals, the City will evaluate all materials submitted by responding firms and rank the proposals using the following 100-point scale: Criterion Points Introduction to Offeror 20 Experience Providing Similar Services 30 Approach and Capacity 30 Price 20 TOTAL 100 Pricing will be evaluated objectively. The City will compute the total of 20 points for pricing with the following equation: lowest/individual totals = X X(.20) = point number received for price V. Presentations: If, in the City’s opinion, offeror presentations or demonstrations of the proposals are warranted, the City will notify the selected offerors. Such presentation or demonstration will be at a City site at a date and time mutually agreed to between the City and offeror. Travel will be at the offeror’s expense. 11 | P a g e W. Award: The award of a contract(s) shall be at the sole discretion of the City. Award(s) will be made to the Offeror(s) whose proposal is determined to be most advantageous to the City, taking into consideration the evaluation factors set forth in this RFP. The City reserves the right to cancel the solicitation and to waive informalities. The City also reserves the right to enter into any contract deemed to be in its best interest, including the award of a contract to more than one offeror. Offerors shall submit proposals, in accordance with the RFP requirements and maintain compliance with all federal, state and local laws and regulations. The City further reserves the right to make award(s) based on initial proposals submitted without further discussion of the proposals or deliberation. Therefore, the proposals should be submitted initially on the most favorable terms that the offerors can propose with respect to both price and technical capability. The contents of the proposal(s) of the selected offeror(s), as negotiated, will be incorporated and made a part of any City contractual obligation when the award(s) is made. Proposals will be initially evaluated on the basis of the written material provided, with clarifications requested as needed by the Office of the Purchasing Agent. X. Protests: Any offeror, who desires to protest the award or decision to award a contract, shall submit the protest in writing to the City’s Purchasing Agent no later than ten (10) days after the award or the announcement of the decision to award, whichever occurs first. Public notice of the award or the announcement of the decision to award shall be given by the City, in the manner prescribed in the terms or conditions of the RFP. No protest shall lie for a claim that the selected offeror is not a responsible offeror. Notwithstanding the requirements specified herein, the written protest shall be addressed to the City’s Purchasing Agent and shall include the basis for the protest and the relief sought to be considered valid. The City shall issue a decision in writing stating the reasons for the action taken. This decision shall be final unless the offeror appeals within ten (10) days of receipt of the written decision by instituting legal action as provided in City Code §33.1-106. Nothing in this subsection shall be construed to permit an offeror to challenge the validity of the terms or conditions of the RFP. Pending final determination of a protest or appeal, the validity of a contract awarded and accepted in good faith in accordance with this chapter shall not be affected by the fact that a protest or appeal has been filed. Y. Cooperative Procurement: The procurement of goods and/or services provided for in the resulting contract is being conducted pursuant to Virginia Code § 2.2-4304. Therefore, the successful offeror agrees that it will contract with any other public agency or body in the Commonwealth of Virginia who so desires, to permit those public agencies or bodies to purchase such goods and/or services at contract prices, in accordance with the terms, conditions, and specifications of this procurement. The successful offeror shall deal directly with each public agency or body seeking to obtain any goods and/or services pursuant to the resulting contract or from this procurement and in accordance with Virginia Code § 2.2-4304. The City of Norfolk shall not be responsible or liable for any costs, expenses, or any other matters of any type to either the successful offeror or the public agency or body seeking to obtain any goods and/or services pursuant to this cooperative procurement provision. Each entity shall be responsible for the administration of its individual contract with the successful offeror.” 12 | P a g e SECTION III – CONTRACT TERMS AND CONDITIONS TERM Any agreement resulting from this proposal shall be for five (5) years, and shall be for a firm-fixed price. All potential offerors shall submit their proposals in accordance with all terms and conditions as noted in this proposal. INSURANCE REQUIREMENTS - INSURANCE POLICIES/CERTIFICATE. The Contractor shall maintain during the term of this Agreement insurance of the types and in the amounts described below. All general liability and automobile/vehicle liability policies will be written in an "occurrence" form unless otherwise specifically approved by the City. The City of Norfolk will be named on such liability policies as "Additional Named Insured" on such policies. Insurance policies shall provide that the Contractor will receive at least thirty (30) days written notice in the event of cancellation of, or material change in, any of the policies. If the Contractor fails to maintain the insurance as set forth in this Agreement, the City shall have the right, but not the obligation, to purchase such insurance at Contractor’s expense. COMMERCIAL GENERAL LIABILITY INSURANCE. The Contractor shall maintain Commercial General Liability Insurance (“CGL”) and, if necessary, commercial umbrella insurance with a limit of not less than $2,000,000 each occurrence, $5,000,000 general aggregate. CGL insurance shall be written on an approved ISO form for coverage in the Commonwealth of Virginia, and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and liability assumed under insured contract. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. The Contractor shall maintain the applicable statutory Workers' Compensation Insurance, and Employer's Liability Insurance with a limit of at least $500,000 per accident/disease, and policy limit of $500,000. AUTOMOBILE/MOTOR VEHICLE LIABILITY INSURANCE. The Contractor shall maintain Automobile Liability insurance with a limit of not less than $ 2,000,000 combined single limit; or, Bodily Injury $1,000,000 each person, $2,000,000 accident, and Property Damage $100,000 each accident. Such insurance shall cover liability arising from any motor vehicle as defined by Commonwealth of Virginia laws and shall include coverage for owned, hired and non-owned motor vehicles, as well as uninsured and underinsured motorists. Coverage shall be written on an approved ISO Form for coverage in the Commonwealth of Virginia. INSURANCE CERTIFICATES. The Contractor shall, upon award, furnish the City with two (2) copies of the policies, or a certificate(s) of insurance evidencing policies, required in the insurance requirements section of this document. The certificate(s) shall specifically indicate that the insurance includes any extensions of coverage required above. In the event of cancellation of, or material change in, any of the policies, the Contractor shall notify the City within at least 14 days after receiving notice of such cancellation or policy change and provide evidence that insurance coverage is in place to meet the requirements of this agreement.. If coverage on said certificate(s) is shown to expire prior to completion of all terms of this Agreement/Contract, the Contractor shall furnish a certificate of insurance evidencing 13 | P a g e renewal of such coverage to the City within 10 days of the effective date such renewal. All certificates shall be executed by a duly authorized representative of each insurer, showing compliance with the requirements of this agreement. Failure of the City, an, or the City’s designated agents for this Agreement, to (1) demand such certificates or other evidence of full compliance with these requirements, and, or (2) identify a deficiency from evidence that is provided shall not be construed as a waiver of the Contractor’s obligation to maintain such insurance. SUBCONTRACTOR'S INSURANCE. The Contractor shall require each of his Sub-Contractors to take out and maintain during the life of the subcontract insurance coverage of the same type and limits required of the Contractor for work performed by the sub-contractor. Each Sub-contractor shall furnish to the Contractor two (2) copies of the policies, or certificates of insurance, evidencing such insurance. The Sub-Contractor shall comply with the same requirements regarding indications of coverage, renewal and submission of policies as is required of the Contractor. The Contractor shall furnish at least one copy the Sub-Contractor’s polices/certificate to the City. INDEMNIFICATION The Contractor shall indemnify and save harmless the City and its representatives from and against all losses and claims, demands, suits, actions, payments, and judgments arising from personal injury or otherwise, brought or recovered against the City and its representative by reason of any act, negligence or omission of the Contractor, its agents, servants or employees, in the execution of the contracted work, including any and all expense, legal and otherwise, incurred by the City or its representatives in the defense of claim or suit. This paragraph shall survive the expiration or termination of this Agreement. APPROPRIATION OF FUNDS Compensation pursuant to performance under this Agreement shall be subject to appropriation by the Council of the City of Norfolk. The City shall not incur any obligation or liability under this Agreement beyond the funds appropriated for such obligation or liability in any fiscal year in which this Agreement is in effect. Funds are certified for the first year of this Agreement. On or before May xx, 2016 of each succeeding Contract Year during the term of this Agreement, the Director of Finance shall certify the funds for that Contract Year. If such funds are not available and/or appropriated, the City may cancel the Agreement without incurring any liability and/or damages of any type to the Contractor. Any such cancellation may be by a written notice from the City to the Contractor. 14 | P a g e PAYMENT OF SUBCONTRACTORS The Contractor is obligated to take one of the two following actions within seven (7) days after receipt of amounts paid to the Contractor by the City for work performed by any subcontractor under this Agreement: a. Pay the subcontractor for the proportionate share of the total payment received from the City attributable to the work performed by the subcontractor under this Agreement; or b. Notify the City and the subcontractor, in writing, of the Contractor's intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment. The Contractor is obligated to pay interest to the subcontractor on all amounts owed by the Contractor to the subcontractor that remain unpaid after seven (7) days following receipt by the Contractor of payment from the City for work performed by the subcontractor under this Agreement, except for amounts withheld as allowed in subsection b., above. Unless otherwise provided under the terms of this Agreement, interest shall accrue at the rate of one percent (1%) per month. The Contractor shall include in each of its subcontracts, if any are permitted, a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor. The Contractor's obligation to pay an interest charge to a subcontractor pursuant to this section may not be construed to be an obligation of the City. A Contract modification or Amendment to this Agreement may not be made for the purpose of providing reimbursement for such interest charge. A cost reimbursement claim may not include any amount for reimbursement for such interest charge. FORCE MAJEURE The Contractor shall not be held responsible for failure to perform the duties and responsibilities imposed by this Agreement if such failure is due to fires, riots, rebellions, natural disasters, wars, acts of terrorism, or an act of God beyond control of the Contractor, and outside and beyond the scope of the Contractor’s then current, by industry standards, disaster plan, that make performance impossible or illegal, unless otherwise specified in the Contract. The City shall not be held responsible for failure to perform its duties and responsibilities imposed by this Agreement if such failure is due to fires, riots, rebellions, natural disasters, wars, acts of terrorism, or an act of God beyond control of the City that make performance impossible or illegal, unless otherwise specified in the Contract. 15 | P a g e CITY OF NORFOLK BUSINESS LICENSES The Contractor must comply with the provisions of Chapter 24 (“Licenses and Taxation”) of the City of Norfolk Code, if applicable. For information on the provisions of that Chapter and its applicability to this Agreement, the Contractor must contact the City of Norfolk Business License Division, Office of the Commissioner of the Revenue, 810 Union Street, City Hall, First Floor, West Wing, Norfolk, Virginia 23510. DEFAULT AND TERMINATION If Contractor fails or refuses to perform any of the terms of this Agreement, including poor services, work or materials, the City may, by written notice to Contractor, terminate this Agreement in whole or in part. In addition to any right to terminate, the City may enforce any remedy available at law or in equity in connection with such default, and Contractor shall be liable for any damages to the City resulting from Contractor's default. The City further reserves the right to immediately obtain such work or services from other entities in the event of Contractor’s default. SUSPENSION OR TERMINATION OF AGREEMENT BY CITY The City, at any time, may order Contractor to immediately stop work on this Agreement, and/or by thirty (30) days written notice may terminate this Agreement, with or without cause, in whole or in part, at any time. Upon receipt of such notice, the Contractor shall immediately discontinue all services affected (unless the notice directs otherwise), and deliver to the City all data (including electronic data), drawings, specifications, reports, project deliverables, estimates, summaries, and such other information and materials as may have been accumulated by the Contractor in performing this Agreement whether completed or in process (unless otherwise directed by the notice). A. If the termination or stop work order is due to the failure of the Contractor to fulfill any of its Agreement obligations, the City may take over the Work and prosecute the same to completion by contract or otherwise. B. Should the Agreement be terminated or work is stopped not due in any way to the fault of the Contractor, the Contractor shall only be entitled to compensation for services actually performed and materials actually supplied prior to notice of termination or to stop work and which are approved by the City and any applicable federal or state approving agency. No profit, overhead, or any other costs of any type are allowed after the date of such notice of termination or stop work order. C. The rights and remedies of the City provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement and City may pursue any and all such rights and remedies against Contractor as it deems appropriate. ASSIGNMENT Contractor shall not assign, transfer, subcontract, or otherwise dispose of its rights or duties under this Agreement to any other person, firm, partnership, company, or corporation without the previous consent in writing of the City. 16 | P a g e INDEPENDENT CONTRACTOR Contractor shall at all times act as an independent contractor in the performance of this Agreement. Neither Contractor nor its employees or agents shall represent themselves to be, or be deemed to be, employees of the City. SEVERABILITY If any provisions of this Agreement are held to be unenforceable, this Agreement shall be construed without such provisions. WAIVER The failure by a party to exercise any right hereunder shall not operate as a waiver of such party's right to exercise such right or any other right in the future. CHANGES This Agreement may be amended only by a written document executed by a duly authorized representative of each of the parties. GOVERNING LAW AND VENUE This Agreement is made under and shall be construed according to the laws of the Commonwealth of Virginia. Venue, in the event of litigation, shall be in City of Norfolk. ETHICS IN PUBLIC CONTRACTING Contractor hereby certifies that it has familiarized itself with §§33.1-86 through 33.1-93 of the Code of the City of Norfolk, Virginia, 1979, as amended, entitled "Ethics in Public Contracting," and further that all amounts received by Contractor, pursuant to this Agreement are proper and in accordance therewith. NONDISCRIMINATION In the performance of this Agreement, Contractor agrees that it will adhere to the nondiscrimination requirements set forth in §33.1-53 of the Code of the City of Norfolk, Virginia, 1979, as amended. DRUG FREE WORKPLACE During the performance of this Agreement, the Contractor agrees to (i) provide a drug-free workplace for the Contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of 17 | P a g e such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor by the City, the employees of which Contractor are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. As a condition of continued service on the contract, any Contractor personnel assigned to this project may be required to submit to an alcohol/drug test at any time. COMPLIANCE WITH FEDERAL IMMIGRATION LAW The Contractor shall certify that, at all times during which any term of an agreement resulting from this solicitation is in effect, it does not and shall not knowingly employ any unauthorized alien. For purposes of this section, an “unauthorized alien” shall mean any alien who is neither lawfully admitted for permanent residence in the United States nor authorized to be employed by either Title 8, section 1324a of the United States Code or the U.S. Attorney General. AUTHORIZATION TO TRANSACT BUSINESS IN THE COMMONWEALTH Contractor hereby represents that it is organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership and is authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. 18 | P a g e SECTION IV– PROPOSAL SUBMITTAL REQUIREMENTS A. General: Proposals must be submitted as one (1) hard copy containing an original longhand signature on the Proposal Cover Page, and five (5) additional copies, each including a photocopy of the original signed Proposal Cover Page (six (6) copies total), and six (6) electronic CD copies. Copies shall not deviate in any way from the original. The Cover Page must be signed by a person authorized to legally bind the offeror. The Original Proposal and copies shall be submitted by hand or delivered in a sealed envelope no later than the time and date deadline specified in this RFP to: City of Norfolk, Virginia Office of the Purchasing Agent Suite 250 232 E. Main Street Norfolk, Virginia 23510 The exterior of the envelope or package shall indicate the name of the offeror, the scheduled proposal submission date and time, and the number of the RFP. The time and date of receipt shall be indicated on the envelope or package by the Office of the Purchasing Agent. Pricing shall be submitted in a separate envelope. B. Proposal Standards: Proposal shall meet standards of professional writing established for the type of report or written material provided, shall be thoroughly researched for accuracy of content, shall be grammatically correct and not contain spelling errors and shall be submitted in a format outlined herein. Whenever possible, proposals submitted in response to this RFP shall comply with the following guidelines: All copies shall be printed on at least thirty percent (30%) recycled-content and/or tree-free paper; All copies shall be double-sided; Covers or binders shall be recyclable, made from recycled materials, and/or easily removable to allow for recycling of pages (proposals with glued bindings that meet all other requirements are acceptable); The use of plastic covers or dividers should be avoided; Unnecessary attachments or documents not specifically asked for should not be submitted, and superfluous use of paper (e.g. separate title sheets or chapter dividers) should be avoided; and Proposals shall address the below areas, not exceeding the stated page limitations (if any). The proposal shall be limited to a page size of 8 ½” x 11”, single space and type size shall not be less than 10 point font for each response item. Note: for page-counting purposes, a page equals a one-sided sheet. If a page limit is not noted within the section below there is no page limit. C. Unnecessarily Elaborate Responses: Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete and effective response to this RFP are not desired and may be construed as an indication of the respondent's lack of cost consciousness. Elaborate or expensive art work, paper, bindings, and visual and other presentations are neither necessary nor desired by the City. 19 | P a g e D. Format of Proposals Offeror shall respond to this RFP with a written proposal in the format outlined below. The proposal shall include, at a minimum, the following sections, each under separate tabs: Numbered tabs and dividers are required for each of the sections listed and in the order below: Additional instructions are in Section II of this RFP. I. RFP COVER PAGE II. EXECUTIVE SUMMARY III. EXPERIENCE IN PROVIDING SIMILAR SERVICE IV. APPROACH AND CAPACITY V. REFERENCES VI. PRICING VII. EXCEPTIONS TO THE CITY’S CONTRACTUAL TERMS AND CONDITIONS VIII. ATTACHMENTS A, B, C, D, E, AND F, COMPLETED, SIGNED or INITIALED AS NECESSARY Each element should be completed and omissions shall be explained. I. RFP COVER PAGE & ATTACHMENTS A, B, C, D, E, AND F, FILLED, SIGNED or INITIALED AS NECESSARY Offerors shall complete the first page of the RFP, sign and submit with their proposal. Attachments to this RFP shall be filled and initialed or signed as necessary and submitted as part of proposals. II. INTRODUCTION OF OFFEROR The Offeror’s proposal shall contain an executive summary that summarizes its overall capabilities and approaches for accomplishing the services specified herein. Also, the proposal must clearly show the desire and the ability of the vendor to supply the required vehicles to the City with an emphasis on providing the best value for the City. The vendor must be capable of providing the services as outlined in the scope of services, and committed availability of the vendor. This summary shall also identify anticipated challenges and/or barriers to completion, cost saving opportunities and other creative approaches. III. EXPERIENCE IN PROVIDING SIMILAR SERVICE Offerors shall demonstrate their past experience in providing similar services to other localities within and outside of the Commonwealth of Virginia. IV. APPROACH AND CAPACITY Offeror shall detail the proposed approach to provide the requested services to the City of Norfolk, to include pick-up, drop off, maintenance agreement, etc. Offeror shall also provide all relevant savings and or discounts during the time of this agreement. 1. Approach and Methodology. The Offeror shall: a. Detail its understanding of the scope of the project, its technical requirements, and the proposed methodology for delivery of services with particular emphasis 20 | P a g e placed on your plan to deliver the vehicles during the five (5) years of ordering periods without any interruption of the daily operation of Fleet Services. 2. Work Plan. The Offeror shall include a proposed timeline detailing all required major tasks and sub- tasks to be completed based on the Scope of Work. This description should discuss how each “Ordering Period” will be completed and should include a project management chart showing a timeline for each Ordering period. V. REFERENCES Provide names, addresses and telephone numbers of at least three (3) Organizations for whom your firm has provided similar services as requested above in the past three (3) years, from the date of issuance of this RFP. VI. PRICING (Separate sealed envelope) Offeror shall provide itemized pricing to reflect costs per deliverable per Element and shall also provide the total cost for the Work. Pricing shall be submitted in a separate sealed envelope. VII. EXCEPTIONS TO THE CITY’S CONTRACTUAL TERMS AND CONDITIONS Identify any exceptions to the City’s Contractual Terms and Conditions, including any proposed revision(s), and an explanation of why any such revision is needed. NOTE: review of exceptions to the City’s Contractual Terms and Conditions will not be performed during the evaluation of written proposal, and is therefore not part of the evaluation criteria for review of written proposals. 21 | P a g e ATTACHMENT A: ANTI-COLLUSION STATEMENT TO ALL OFFERORS: EXECUTE AND RETURN WITH PROPOSAL DOCUMENTS. In the preparation and submission of this proposal, on behalf of ____________(name of offeror), we did not either directly or indirectly enter into any combination or arrangement with any person, firm or corporation, or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free competition in violation of the Sherman Anti-Trust Act, 15 USCS § 1 et seq., or the Conspiracy to Rig Bids to Government statutes, Virginia Code §§ 59.1-68.6 through 59.1-68.8. The undersigned offeror hereby certifies that this agreement, or any claims resulting there from, is not the result of, or affected by, any act of collusion with, or any act of, another person or persons, firm or corporation engaged in the same line of business or commerce; and, that no person acting for, or employed by, the City of Norfolk has an interest in, or is concerned with, this proposal; and, that no person or persons, firm or corporation, other than the undersigned, have or are interested in this proposal. Signature: Name: Title: Date: Remaining page intentionally left blank. 22 | P a g e ATTACHMENT B: ETHICS IN PUBLIC CONTRACTING Sec. 33.1-86. - Purpose. The provisions of this chapter supplement, but do not supersede, other provisions of law including but not limited to, the State and Local Government Conflict of Interests Act (Virginia Code, § 2.1-639.1 et seq.), the Virginia Governmental Frauds Act (Virginia Code, § 18.2-498.1 et seq.), and Articles 2 (Virginia Code, § 18.2-438 et seq.) and 3 (Virginia Code, § 18.2-446 et seq.) of Chapter 10 of Title 18.2 (related to bribery). The provisions of this article apply notwithstanding the fact that the conduct described may not constitute a violation of the State and Local Government Conflict of Interests Act. (Ord. No. 33,095, § 1, 9-11-84; Ord. No. 34,573, § 2, 6-30-87) Sec. 33.1-87. - Proscribed participation by public employees in procurement transactions. Except as may be specifically allowed by provisions of the State and Local Government Conflict of Interests Act (Virginia Code, section 2.1-639.1 et seq.), no public employee having official responsibility for a procurement transaction shall participate in that transaction on behalf of the public body when the employee knows that: 1. The employee is contemporaneously employed by a bidder, offeror or contractor involved in the procurement transaction; or 2. The employee, the employee's partners, or any member of the employee's immediate family holds a position with a bidder, offeror or contractor such as an officer, director, trustee, partner or the like, or is employed in a capacity involving personal and substantial participation in the procurement transaction, or owns or controls an interest of more than five (5) percent; or 3. The employee, the employee's partner, or any member of the employee's immediate family has a pecuniary interest arising from the procurement transaction; or 4. The employee, the employee's partner, or any member of the employee's immediate family is negotiating, or has an arrangement concerning, prospective employment with a bidder, offeror or contractor. (Ord. No. 33,095, § 1, 9-11-84; Ord. No. 34,573, § 3, 6-30-87) Sec. 33.1-88. - Solicitation or acceptance of gifts. No public employee having official responsibility for a procurement transaction shall solicit, demand, accept, or agree to accept from a bidder, offeror, contractor or subcontractor any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal or minimal value, present or promised, unless consideration of substantially equal or greater value is exchanged. The city may recover the value of anything conveyed in violation of this section. (Ord. No. 33,095, § 1, 9-11-84) Sec. 33.1-89. - Disclosure of subsequent employment. No public employee or former public employee having official responsibility for procurement transactions shall accept employment with any bidder, offeror or contractor with whom the employee or former employee dealt in an official capacity concerning procurement transactions for a period of one year from the cessation of employment by the city unless the employee, or former employee, provides written notification to the city manager prior to commencement of employment by that bidder, offeror or contractor. (Ord. No. 33,095, § 1, 9-11-84) 23 | P a g e Sec. 33.1-90. - Gifts by bidders, offerors, contractors or subcontractors. No bidder, offeror, contractor or subcontractor shall confer upon any public employee having official responsibility for a procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged. (Ord. No. 33,095, § 1, 9-11-84) Sec. 33.1-91. - Kickbacks. 1. No contractor or subcontractor shall demand or receive from any of his suppliers or his subcontractors, as an inducement for the award of a subcontract or order, any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, unless consideration of substantially equal or greater value is exchanged. 2. No subcontractor or supplier shall make, or offer to make, kickbacks as described in this section. 3. No person shall demand or receive any payment, loan, subscription, advance, deposit of money, services or anything of value in return for an agreement not to compete on a public contract. 4. If a subcontractor or supplier makes a kickback or other prohibited payment as described in this section, the amount thereof shall be conclusively presumed to have been included in the price of the subcontract or order and ultimately borne by the city and will be recoverable from both the maker and recipient. Recovery from one offending party shall not preclude recovery from other offending parties. (Ord. No. 33,095, § 1, 9-11-84) Sec. 33.1-92. - Purchase of building materials, supplies or equipment from architect or engineer prohibited. Except in cases of emergency, no building materials, supplies or equipment for any building or structure constructed by or for the city shall be sold by or purchased from any person employed as an independent contractor by the city to furnish architectural or engineering services, but not construction, for such building or structure, or from any partnership, association, or corporation in which such architect or engineer has a pecuniary interest. (Ord. No. 33,095, § 1, 9-11-84) Sec. 33.1-92.1. - Participation in bid preparation; limitation on submitting bid for same procurement. No person who, for compensation, prepares an invitation to bid or request for proposals for or on behalf of the city shall: i. Submit a bid or proposal for that procurement or any portion thereof; or ii. Disclose to any bidder or offeror information concerning the procurement that is not available to the public. However, the city may permit such person to submit a bid or proposal for that procurement or any portion thereof if the city determines that the exclusion of the person would limit the number of potential qualified bidders or offerors in a manner contrary to the best interests of the city. (Ord. No. 43,223, § 2, 9-9-08) 24 | P a g e Sec. 33.1-92.2. - Certification of compliance required; penalty for false statements 1. The city may require public employees having official responsibility for procurement transactions in which they participated to annually submit for such transactions a written certification that they complied with the provisions of this article. 2. Any public employee required to submit a certification as provided in subsection (1) who knowingly makes a false statement in the certification shall be punished as provided in section 33.1-95. (Ord. No. 43,223, § 2, 9-9-08) Sec. 33.1-92.3. - Misrepresentations prohibited. No public employee having official responsibility for a procurement transaction shall knowingly falsify, conceal, or misrepresent a material fact; knowingly make any false, fictitious or fraudulent statements or representations; or make or use any false writing or document knowing it to contain any false, fictitious or fraudulent statement or entry. (Ord. No. 43,223, § 2, 9-9-08) Sec. 33.1-93. - Penalty for violation. Willful violation of any provision of this article shall constitute a Class 1 misdemeanor. Upon conviction, any public employee, in addition to any other fine or penalty provided by law, shall forfeit his employment. (Ord. No. 33,095, § 1, 9-11-84) State Law reference— Similar provisions, Code of Virginia, § 11-80. Sec. 33.1-94—33.1-100. - Reserved. Initial: Remaining page intentionally left blank. 25 | P a g e ATTACHMENT C: NONDISCRIMINATION Sec. 33.1-53. - Employment discrimination by contractor prohibited. Every contract over one thousand dollars ($1,000.00) shall include or incorporate by reference the following provisions: 1. During the performance of this contract, the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, disability or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer. c. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 2. The contractor will include the provisions of the foregoing paragraphs a, b, and c in every subcontractor or purchase order of over ten thousand dollars ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. (Ord. No. 33,095, § 1, 9-11-84; Ord. No. 39,912, § 1, 4-11-2000) Initial: Remaining page intentionally left blank. 26 | P a g e ATTACHMENT D: DEBARMENT CERTIFICATION Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters I. CERTIFICATION. The offeror certifies, to the best of its knowledge and belief, that— (i) The offeror and/or any of its Principals— (A) Are __ are not __ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any federal, state or local agency; (B) Have __ have not __, within a three-year period preceding this offer, 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 public (federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and (C) Are __ are not __ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision. (ii) The offeror has __ has not __, within a three-year period preceding this offer, had one or more contracts terminated for default by any federal, state or local agency. “Principals,” for the purposes of this certification, means officers; directors; City’s; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). II. INSTRUCTIONS. a. The offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. b. A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the offeror’s responsibility. Failure of the offeror to furnish a certification or provide such additional information as requested by the appropriate City purchasing official may render the offeror non-responsible. c. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. d. The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the offeror/PPEs knowingly 27 | P a g e rendered an erroneous certification, in addition to other remedies available to the City, the appropriate City purchasing official may terminate the contract resulting from this solicitation for default. III. NOTICE. This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. Signature: Name: ____________________ Date:_____________________ 28 | P a g e ATTACHMENT E: COMPLIANCE WITH FEDERAL IMMIGRATION LAW 1. CERTIFICATION. The offeror certifies, to the best of its knowledge and belief, that - The offeror or any of its Principals at all times during which any term of the contract is in effect, (Please fill in with your enterprise’s complete name) _____________________________ does not and shall not knowingly employ any unauthorized alien. For purposes of this section, an “unauthorized alien” shall mean any alien who is neither lawfully admitted for permanent residence in the United States nor authorized to be employed by either Title 8, section 1324a of the United States Code or the U.S. Attorney General. 2. INSTRUCTIONS. a. The offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. b. A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the offeror’s responsibility. Failure of the offeror to furnish a certification or provide such additional information as requested by the appropriate City purchasing official may render the offeror non-responsible. c. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. d. The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the offeror knowingly rendered an erroneous certification, in addition to other remedies available to the City, the appropriate City purchasing official may terminate the contract resulting from this solicitation for default. 29 | P a g e 3. NOTICE. This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under section 1001, Title 18, United States Code. Signature:____________________ Name:_______________________ Title:_______________________ Date:_______________________ 30 | P a g e ATTACHMENT F: COMPLIANCE WITH STATE LAW – AUTHORIZATION TO TRANSACT BUSINESS IN THE COMMONWEALTH OF VIRGINIA x CERTIFICATION. A. The offeror (Please fill in with your enterprise’s complete name) ____________________________________ certifies that it is organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50. The identification number issued to offeror by the State Corporation Commission: __________________________ B. Offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law shall describe why it is not required to be so authorized: ________________________________________________________________________ ll. INSTRUCTIONS. a. The offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. b. A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the offeror’s responsibility. Failure of the offeror to furnish a certification or provide such additional information as requested by the appropriate City purchasing official may render the offeror non-responsible. c. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. d. The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the offeror knowingly rendered an erroneous certification, in addition to other remedies available to the City, the appropriate City purchasing official may terminate the contract resulting from this solicitation for default. Signature: Name: Title: AMENDMENT TO MASTER EQUITY LEASE AGREEMENT THIS AMENDMENT (“Amendment”) dated this ____ day of May, 2018 is attached to, and made a part of, the MASTER EQUITY LEASE AGREEMENT entered into on the _____ day of May, 2018 (“Agreement”) by and between Enterprise FM Trust, a Delaware statutory trust (“Lessor”) and Town of Vinton, Virginia ("Lessee"). This Amendment is made for good and valuable consideration, the receipt of which is hereby acknowledged by the parties. Section 3(e) of the Master Equity Lease Agreement is amended to read as follows: Any rental payment or other amount owed by Lessee to Lessor which is not paid within thirty (30) days after its due date will accrue interest, payable on demand of Lessor, from the date due until paid in full at a rate per annum equal to the lesser of (i) Eighteen Percent (18%) per annum or (ii) the highest rate permitted by applicable law (the “Default Rate”). Section 12 of the Master Equity Lease Agreement is deleted in its entirety and replaced with the following: RESPONSIBILITY: To the extent permitted by Virginia law, Lessee shall be responsible for any and all losses that Lessor incurs, or claims, demands, or rights of action that may be asserted at any time against Lessor, which arise as a result of (i) Lessee’s breach of this Agreement; (ii) the use, operation or condition of any of the Vehicles, or (iii) Lessee’s lease of the Vehicles pursuant to this Agreement. The provisions of this Section 12 shall survive any expiration or termination of this Agreement. Section 14 of the Master Equity Lease Agreement is to include the following paragraphs: In the event that Lessor fails to perform in a satisfactory manner its obligation under this Agreement or a Schedule hereunder, Lessee may, in addition to any other remedy available at law or equity, provide Lessor with written notice of Lessee’s intent to terminate the Schedule or portion of the Schedule directly related to Lessor’s breach or non- performance. Such termination shall take effect automatically unless Lessor cures the breach or non-performance within three (3) business days of receipt of Lessee’s notice, with no penalties or additional charges incurred by Lessee. Termination: Lessee reserves the right to cancel this Agreement for any reason at all upon thirty (30) days prior written notice to Lessor. In the event of such termination, Lessor shall be paid all rentals due and owing hereunder up until the actual day of termination in accordance with Section 3(b) and 3(c) of the Master Equity Lease Agreement. Additionally, termination should not affect Lessee’s obligation to pay any indemnities under this Agreement. Section 15 first paragraph of the Master Equity Lease Agreement is amended to read as follows: Lessor may from time to time assign, pledge or transfer this Agreement and/or any or all of its rights and obligations under this Agreement to any person or entity. Lessor will provide written notification in the event of a non-financial assignment. Lessee agrees, upon notice of any such assignment, pledge or transfer of any amounts due or to become due to Lessor under this Agreement to pay all such amounts to such assignee, pledgee or transferee. Any such assignee, pledgee or transferee of any rights or obligations of Lessor under this Agreement will have all of the rights and obligations that have been assigned to it. Lessee’s rights and interest in and to the Vehicles are and will continue at all times to be subject and subordinate in all respects to any assignment, pledge or transfer now or hereafter executed by Lessor with or in favor of any such assignee, pledgee or transferee, provided that Lessee shall have the right of quiet enjoyment of the Vehicles so long as no Event of Default under this Agreement has occurred and is continuing. Lessee acknowledges and agrees that the rights of any assignee, pledgee or transferee in and to any amounts payable by the Lessee under any provisions of this Agreement shall be absolute and unconditional and shall not be subject to any abatement whatsoever, or to any defense, setoff, counterclaim or recoupment whatsoever, whether by reason of any damage to or loss or destruction of any Vehicle or by reason of any defect in or failure of title of the Lessor or interruption from whatsoever cause in the use, operation or possession of any Vehicle, or by reason of any indebtedness or liability howsoever and whenever arising of the Lessor or any of its affiliates to the Lessee or to any other person or entity, or for any other reason. Section 16 of the Master Equity Lease Agreement is to include the following paragraphs: This Agreement may only be amended or modified by an instrument in writing executed by both parties. Lessor shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies under this Agreement and no waiver whatsoever shall be valid unless in writing and signed by Lessor and then only to the extent therein set forth. A waiver by Lessor of any right or remedy under this Agreement on any one occasion shall not be construed as a bar to any right or remedy, which Lessor would otherwise have on any future occasion. If any term or provision of this Agreement or any application of any such term or provision is invalid or unenforceable, the remainder of this Agreement and any other application of such term or provision will not be affected thereby. Giving of all notices under this Agreement will be sufficient if mailed by certified mail to a party at its address set forth below or at such other address as such party may provide in writing from time to time. Any such notice mailed to such address will be effective one (1) day after deposit in the United States mail, duly addressed, with certified mail, postage prepaid. Lessee will promptly notify Lessor of any change in Lessee’s address. This Agreement may be executed in multiple counterparts (including facsimile and pdf counterparts), but the counterpart marked “ORIGINAL” by Lessor will be the original lease for purposes of applicable law. All of the representations, warranties, covenants, agreements and obligations of each Lessee under this Agreement (if more than one) are joint and several. Section 17 of the Master Equity Lease Agreement is amended to read as follows: Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and its heirs, executors, personal representatives, successors and assigns, and will inure to the benefit of Lessor, Servicer, any other agent of Lessor and their respective successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the Commonwealth of Virginia (determined without reference to conflict of law principles). Any litigation arising out of this Agreement shall be filed in the Circuit Court for Town of Vinton, Virginia. All references in the Agreement and in the various Schedules and addenda to the Agreement and any other references of similar import shall henceforth mean the Agreement as amended by this Amendment. Except to the extent specifically amended by this Amendment, all of the terms, provisions, conditions, covenants, representations and warranties contained in the Agreement shall be and remain in full force and effect and the same are hereby ratified and confirmed. IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment to Master Equity Lease Agreement as of the day of May, 2018. Town of Vinton, Virginia (Lessee) Enterprise FM Trust (Lessor) By: Enterprise Fleet Management, Inc., its attorney in fact By By Title: Title: Town Manager RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, MAY 1, 2018 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179 WHEREAS, the Town desires to procure vehicles on an "Open-end-Lease" on an as-needed basis and has received a proposal from Enterprise Fleet Management, Inc. (Contractor); and WHEREAS, the City of Norfolk issued Request for Proposals 5142-0-2016/SH for Leased Fleet Vehicles on June 20, 2016, which included a cooperative procurement provision; and WHEREAS, Contractor submitted a Proposal dated July 13, 2016, to provide such Services, in response to the RFP; and WHEREAS, the City of Norfolk and Contractor entered into a contract for the Services which is still in effect and includes the cooperative procurement provision; and WHEREAS, the Town desires to procure the same Services from Contractor utilizing the cooperative procurement provision and piggy back off of the City of Norfolk contract. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, AS FOLLOWS: 1. The Agreement between the Town of Vinton and Enterprise Fleet Management, Inc. is hereby approved in a form substantially similar to the one presented to Council and approved by the Town Attorney; and 2. The Town Manager is hereby authorized, for and on behalf of the Town, to execute and then to deliver the said Agreement and any other necessary documents in furtherance of the same. This Resolution was adopted on motion made by Council Member ____________, seconded by Council Member _________________, with the following votes recorded: AYES: NAYS: APPROVED: ______________________________ Bradley E. Grose, Mayor ATTEST: ______________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date May 1, 2018 Department Administration Issue Appointment to Roanoke Valley Transportation Planning Organization (RVTPO) Summary At the March 22, 2018 Policy Board meeting of the Roanoke Valley Transportation Planning Organization (RVTPO), the Board adopted newly-revised Bylaws. One new section added to the Bylaws enables the chief administrative official, or designee, of each member government to serve on the RVTPO Policy Board in a non-voting ex-officio capacity. The Town’s two voting members on the RVTPO Policy Board are Council Members Janet Scheid and Keith Liles. Ms. Scheid also serves as the RVTPO Vice-Chair. Staff recommends appointing Pete Peters to the RVTPO Policy Board in the non-voting ex- officio capacity to fill the remainder of the current three-year term to expire on June 30, 2020. The RVTPO terms are for three-years (July 1, 2017-June 30, 2020). Currently Pete Peters along with Joey Hiner serve as the Town's two representative on the RVTPO Policy Board’s technical advisory committee, (TTC). Anita McMillan has agreed to replace Mr. Peters on the TTC Board. Attachments None Recommendations Motion to appoint Pete Peters to the RVTPO for an unexpired three-year term to expire on June 30, 2020 Town Council Agenda Summary Meeting Date May 1, 2018 Department Administration Issue Work Session - Proposed FY 2018-2019 Budget Summary The Proposed FY2018-2019 budget document was delivered to Council on Friday, April 13, 2018. The Town Manager and Anne Cantrell, the Finance Director, gave an overview of the proposed budget at the April 17th Council meeting. A copy of the PowerPoint presentation from that meeting is included with this agenda package. Attachments PowerPoint presentation Recommendations No action required Town Council Agenda Summary Proposed Fiscal Year 2019 Budget Presented to Town Council By Town Manager and Treasurer/Finance Director April 17, 2018 Maintain core services with minimal reductions to citizens. Provide minimal funding for needed Capital Improvement Items. Maintain focus on Economic Development and Revitalization in Vinton. Continue to investigate development of Stormwater Fee. Continue to provide competitive employee benefits and pay. 2 Town of Vinton Budget Priorities Proposed increase to Professional and Business Service Category Rates and Gross Receipt Amount subject to tax in all categories to match neighboring jurisdictions in the Roanoke Valley Elimination of 1 Position in the Fire/EMS Department 2 Positions unfunded in the FY2019 budget (1 - Police Department and 1 - Public Works) 3 Town of Vinton Proposed Budget Changes General Fund Expenditures: $ 7,971,062 Grant Fund Expenditures: $ 33,903 Utility Fund Expenditures: $ 3,720,200 Stormwater Fund Expenditures: $ 416,797 Total Proposed Budget: $12,141,962 4 Town of Vinton Total Budget General Fund Revenues 5 Town of Vinton General Fund 6 Town of Vinton General Fund Revenue Accounts Actual Revenues 2016-17 Adopted Budget 2017-18 Committee Budget 2018-19 % Change From 2017-18 General Property Taxes $677,609 $708,679 $707,000 -0.24% Other Local Taxes $2,798,876 $2,825,239 $2,941,749 4.12% Permits & Fees $5,559 $10,750 $6,500 -39.53% Fines & Forfeitures $75,085 $78,700 $87,100 10.67% Use of Money $19,407 $17,000 $20,000 17.65% Use of Property $219,321 $158,000 $146,000 -7.59% Charges for Services $230,888 $229,900 $238,000 3.52% Charges for War Memorial $165,510 $162,000 $139,500 -13.89% Miscellaneous Revenue $707,232 $681,250 $691,450 1.50% Recovered Cost $35,498 $24,000 $7,000 -70.83% Non-Categorical Aid $416,105 $408,535 $415,767 1.77% State Sales Tax $1,431,757 $1,400,000 $1,360,000 -2.86% Categorical Aid $1,957,807 $1,859,099 $1,210,996 -34.86% TOTAL $8,740,654 $8,563,152 $7,971,062 -6.91% 7 Town of Vinton General Fund General Property Taxes 9% Other Local Taxes 37% Permits & Fees 0% Fines & Forfeitures 1% Use of Money 0%Use of Property 2% Charges for Services 3% Charges for War Memorial 2% Miscellaneous Revenue 9% Recovered Cost 0% Non-Categorical Aid 5% State Sales Tax 17% Categorical Aid 15% General Fund Revenues 8 Town of Vinton General Fund Other Local Taxes Budget Amount Consumer’s Utility Tax $725,000 Business License Taxes $588,800 Franchise License Taxes $35,000 Motor Vehicles Licenses $165,000 Bank Stock Taxes $231,199 Admissions Tax $250 Transient Occupancy Tax $1,800 Prepared Food Taxes $1,026,000 Cigarette Tax $165,000 Animal Licenses $3,700 TOTAL $2,941,749 9 Town of Vinton General Fund Revenue Items without change: Real Estate Tax Rate: $0.07/$100 Assessed Value Personal Property Tax Rate: $1.00/$100 Assessed Value Machinery & Tools Tax: $1.00/$100 Assessed Value Cigarette Tax: $0.25/Pack Sold Meals Tax: 5.0% 10 Town of Vinton General Fund Revenue Items with change: Business License Classification *Proposed Rate *Proposed Minimum Fee Current Rate Current Minimum Fee Retail $0.20/$100 Gross Receipts $30.00 Gross Receipts $0-$100,000 $0.20/$100 Gross Receipts $30.00 Gross Receipts $0-$15,000 Business Service $0.36/$100 Gross Receipts $30.00 Gross Receipts $0-$100,000 $0.30/$100 Gross Receipts $30.00 Gross Receipts $0-$10,000 Professional $0.58/$100 Gross Receipts $30.00 Gross Receipts $0-$100,000 $0.35/$100 Gross Receipts $30.00 Gross Receipts $0-$8,570 Financial Services $0.58/$100 Gross Receipts $30.00 Gross Receipts $0-$100,000 $0.25/$100 Gross Receipts $30.00 Gross Receipts $0-$12,000 Wholesale $0.05/$100 Gross Receipts $30.00 Gross Receipts $0-$100,000 $0.05/$100 Gross Receipts $30.00 Gross Receipts $0-$60,000 Contractor $0.16/$100 Gross Receipts $30.00 Gross Receipts $0-$100,000 $0.16/$100 Gross Receipts $30.00 Gross Receipts $0-$18,750 General Fund Expenditures 11 Town of Vinton General Fund 12 Town of Vinton General Fund Expenditure Accounts Actual Expenditures 2016-17 Adopted Budget 2017-18 Committee Budget 2018-19 % Change From 2017-18 General Administration $543,962 $608,120 $604,464 -0.60% Public Safety $3,964,368 $3,562,692 $3,610,115 1.33% Public Works $1,884,561 $2,002,580 $1,911,696 -4.54% Special Programming/War Memorial $627,917 $571,104 $581,901 10.67% Community Development $1,038,322 $1,097,189 $581,341 -47.02% Debt Retirement 562,644 $507,986 $419,746 -17.37% Performance Agreements $0 $0 $53,400 100.00% Contingency $0 $0 $0 0% Transfers $219,978 $214,021 $208,399 -2.63% TOTAL $8,841,752 $8,563,692 $7,971,062 -6.92% 13 Town of Vinton General Fund General Administration 8% Public Safety 45%Public Works 24% Special Programs 7% Community Development 7%Debt Retirement 5% Performance Agreements 1%Contingency 0% Transfers 3% General Fund Expenditures General Fund Budget Highlights Decrease from FY2017-2018 approved budget by $592,090, primarily due to creation of Grant Fund. ($530k GladeCreek PHII) Funding Capital Items: $92,139 (prior year was $99,425) current includes Replacement of Police Vehicles and Replacement of Boom Truck. Milling and Paving: $210,000 (prior year was $189,693) Proposed Budget does not include any adjustments to employee pay. Increase in VRS Rate to 11.70%. General Fund Debt Budget of $419,746. 14 Town of Vinton General Fund Joint Local Government Services: $49,303 15 Town of Vinton General Fund Manager Requested Council Adopted Organization FY 2018-19 FY 2017-18 AEP Steering Committee - 1,217.00 Greenway Program 3,530.00 3,545.00 Roanoke Valley CATV - Channel 3 17,901.00 16,834.00 Roanoke Valley-Alleghany Regional Commission 7,776.00 7,819.00 Roanoke Valley TPO 1,228.00 1,235.00 RVARC-Roanoke River Blueway Project 433.00 433.00 Roanoke Regional Partnership 16,943.00 17,038.17 Western Virginia Regional Industrial Facility Authority 1,492.77 1,499.56 Total 49,303.77 49,620.73 Community Contributions: $34,650 16 Town of Vinton General Fund Manager Requested Council Adopted Organization FY 2018-19 FY 2017-18 Vinton Dogwood Festival 2,000.00 2,510.00 Chamber of Commerce 9,000.00 9,000.00 Christmas Parade Awards 100.00 100.00 Needy Family (Lease payment- $800/Contribution-$500) 1,300.00 1,300.00 Spay/Neuter Project- RCACP/Mtn View - 500.00 WBHS After Prom 250.00 250.00 Vinton Fire Department 7,000.00 10,000.00 Vinton Rescue Squad 15,000.00 17,000.00 Total 34,650.00 40,660.00 Grant Fund Revenues 17 Town of Vinton Grant Fund 18 Town of Vinton Grant Fund Revenue Accounts Actual Revenues 2016-17 Adopted Budget 2017-18 Committee Budget 2018-19 % Change From 2017-18 Federal Funding $0 $0 $27,073 100.00% State Funding $0 $0 $2,830 100.00% Private Funding $0 $0 $4,000 100.00% TOTAL $0 $0 $33,903 100.00% Grant Fund Expenditures 19 Town of Vinton Grant Fund 20 Town of Vinton Grant Fund Expenditure Accounts Actual Expenditures 2016-17 Adopted Budget 2017-18 Committee Budget 2018-19 % Change From 2017-18 BVP Vest Grant $0 $0 $2,830 100.00% Fire Programs Grant $0 $0 $27,073 100.00% VML Risk Management Grant $0 $0 $4,000 100.00% TOTAL $0 $0 $33,903 100.00% Utility Fund Revenues 21 Town of Vinton Utility Fund 22 Town of Vinton Utility Fund Revenue Accounts Actual Revenues 2016-17 Adopted Budget 2017-18 Committee Budget 2018-19 % Change From 2017-18 Operating Revenues $3,706,872 $3,727,450 $3,708,200 -0.52% Use of Money $2,495 $500 $2,000 300.00% Misc/Grant/Bond Proceeds $21,359 $0 $0 0.00% Recovered Costs $8,240 $14,000 $10,000 -28.57% TOTAL $3,738,966 $3,741,950 $3,720,200 -0.58% 23 Town of Vinton Utility Fund Operating Revenues 100% Use of Money 0% Use of Property 0% Use of Fund Balance 0%Misc/Grant/ Bond Proceeds 0% Recovered Costs 0% Utility Fund Revenues Utility Fund Expenditures 24 Town of Vinton Utility Fund 25 Town of Vinton Utility Fund Expenditure Accounts Actual Expenditures 2016-17 Adopted Budget 2017-18 Committee Budget 2018-19 % Change From 2017-18 Administration $415,651 $526,491 $489,500 -7.03% Customer Accounts $259,842 $291,255 $360,631 23.82% Water System Operations $781,952 $904,207 $905,800 0.18% Purchased Water $104,995 $125,000 $125,000 0.00% Wastewater Operations $619,746 $833,070 $858,213 3.02% Debt Retirement $234,014 $842,008 $768,658 -8.71% Performance Agreements $0 $0 $4,000 100.00% Contingency $721,776 $6,098 $0 -100.00% Transfers $114,177 $214,021 $208,398 -2.63% TOTAL $3,252,153 $3,742,150 $3,720,200 -0.59% 26 Town of Vinton Utility Fund Administration 14% Customer Accounts 8% Water System Operations 24%Purchased Water 3% Wastewater Operations 22% Debt Service 23% Performance Agreements 0% Contingency 0% Transfers 6% Utility Fund Expenditures Stormwater Fund Revenues 27 Town of Vinton Stormwater Fund 28 Town of Vinton Stormwater Fund Revenue Accounts Actual Revenues 2016-17 Adopted Budget 2017-18 Committee Budget 2018-19 % Change From 2017-18 Transfer In $334,155 $428,042 $416,797 -2.63% TOTAL $334,155 $428,042 $416,797 -2.63% Stormwater Fund Expenditures 29 Town of Vinton Stormwater Fund 30 Town of Vinton Stormwater Fund Expenditure Accounts Actual Expenditures 2016-17 Adopted Budget 2017-18 Committee Budget 2018-19 % Change From 2017-18 Administration $125,676 $103,552 $99,949 -3.48% Street & Road Cleaning $94,404 $78,883 $66,274 -15.98% Operations $199,891 $206,787 $250,574 21.17% Debt Retirement $0 $38,820 $0 -100.00% TOTAL $419,971 $428,042 $416,797 -2.63% Cash Balances – March 31, 2018 General Fund Cash ($329,450) General Fund Investments $2,824,245 General Fund Restricted $227,609 Total General Fund: $2,722,404 Utility Fund Cash $1,186,354 Utility Fund Investments $708,578 Total Utility Fund: $1,937,832 Stormwater Cash $105,369 31 Town of Vinton Current Assets Budget Schedule: May 1, 2018 – Council Work Session on FY2019 Proposed Budget May 3, 2018 – Planning Commission to review CIP Listing May 3, 2018 – Advertise 1st Notice of Public Hearing for Budget May 10, 2018 – Advertise 2nd Notice of Public Hearing for Budget May 15, 2018 – Public Hearing on FY2019 Proposed Budget June 5, 2018 – Adoption of FY2019 Budget 32 Town of Vinton Budget Presentation