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HomeMy WebLinkAboutAUGUST 02, 2005 AGENDACITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 HARRY E. DIEZEL, Kempsville -District 2 ROBERTM DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX,, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At -Large RONA. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 IICITYMANAGER - JAMES K. SPORE CITYATTORNEY- LESLIEL. LILLEY CITY CLERK - R UTH HODGES SMITH, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 02 AUGUST 2005 CITY HALL BUILDING 2401 COURTHOUSEDRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com I. CITY COUNCIL BRIEFING - Conference Room - 3:00PA t A. ANNUAL SALARIES — MAYOR and MEMBERS OF CITY COUNCIL Councilman Harry E. Diezel II. COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS V. INFORMAL SESSION - Conference Room - 4:00PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 P.M. A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Rod Puckett, Assistant Pastor Avalon Hills Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS July 12, 2005 G. AGENDA FOR FORMAL SESSION H. PUBLIC COMMENT l . Annual Salaries — Mayor and Members of City Council I. CONSENT AGENDA J. ORDINANCES/RE SOLUTIONS 1. Ordinances to AMEND and REORDAIN the City Code: a. Chapter 2 re the authorization and administration of petty cash and change funds b. § 2-108 re Police Department's employment probation period 2. Resolution to AFFIRM support re continuing the Virginia Beach location of Oceana Naval Air Station (requested by Mayor Oberndorf). 3. Ordinance to EXECUTE a Cooperative Agreement between the City Council and the School Board re legal services to the Board by the Office of the City Attorney for FY 2006. 4. Ordinances to AUTHORIZE and DIRECT the City Manager to execute: a. a Police Mutual Aid Agreement with Northampton County b. a modification to the Memorandum of Understanding (MOU) with Hampton Roads Junior Golf Foundation, Tournament Players Club of Virginia Beach, L.L.C. to clarify tax-exempt status 5. Resolutions to AUTHORIZE: a. the FY 2005-06 Performance Contract between Virginia Beach Community Services Board (CSB) and Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services (MR/MR/SA) b. the Mayor to execute a Mutual Aid Agreement with the United States Coast Guard 6. Ordinance to AUTHORIZE a temporary encroachment into Broad Bay Canal by WOLFGANG J. and TERRI J. BAY re a boat lift and open pile timber pier. (DISTRICT 5 — LYNNHAVEN) 7. Ordinance to APPOINT three Viewers for one-year terms, beginning July 1, 2005, re closures of City streets and alleys. 8. Ordinances to APPROPRIATE: a. $500,000 from the fund balance of the Inmate Services Special Revenue and $100,000 from the Sheriff's Department Special Revenue to the FY 2005-06 Capital Budget re design and site selection for the Sheriffs Workforce/Work Release facility b. $305,736 from the State Compensation Board and $290,960 from the fund balance of the Sheriff's Department Special Revenue to the Department of Sheriff and Corrections' FY 2005-06 Operating Budget re the 4.4% state pay increases for uniformed Sheriff personnel retroactively to July 1, 2005 K. APPOINTMENTS BOARD OF ZONING APPEALS DEVELOPMENT AUTHORITY EASTERN VIRGINIA HEALTH SYSTEMS AGENCY HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE — PPEA PARKS AND RECREATION COMMISSION PERSONNEL BOARD ALTERNATES PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT PUBLIC COMMENTS Non -Agenda Items If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) Agenda 08/02/2005/gw www.vbgov.com CITY COUNCIL BRIEFING - Conference Room - 3:00PM A. ANNUAL SALARIES — MAYOR and MEMBERS OF CITY COUNCIL Councilman Harry E. Diezel II. COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS V. INFORMAL SESSION - Conference Room - 4:OOPM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 P.M. A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Rod Puckett, Assistant Pastor Avalon Hills Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS July 12, 2005 G. AGENDA FOR FORMAL SESSION �F OUR NAj�OC1 or, Rpool, 41, t#inn CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. PUBLIC COMMENT l . Annual Salaries — Mayor and Members of City Council CONSENT AGENDA J. ORDINANCES/RESOLUTIONS Ordinances to AMEND and REORDAIN the City Code: a. Chapter 2 re the authorization and administration of petty cash and change funds b. § 2-108 re Police Department's employment probation period 2. Resolution to AFFIRM support re continuing the Virginia Beach location of Oceana Naval Air Station (requested by Mayor Oberndorf). 3. Ordinance to EXECUTE a Cooperative Agreement between the City Council and the School Board re legal services to the Board by the Office of the City Attorney for FY 2006. 4. Ordinances to AUTHORIZE and DIRECT the City Manager to execute: a. a Police Mutual Aid Agreement with Northampton County b. a modification to the Memorandum of Understanding (MOU) with Hampton Roads Junior Golf Foundation, Tournament Players Club of Virginia Beach, L.L.C. to clarify tax-exempt status 5. Resolutions to AUTHORIZE: a. the FY 2005-06 Performance Contract between Virginia Beach Community Services Board (CSB) and Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services (MH/MR/SA) b. the Mayor to execute a Mutual Aid Agreement with the United States Coast Guard 6. Ordinance to AUTHORIZE a temporary encroachment into Broad Bay Canal by WOLFGANG J. and TERRI J. BAY re a boat lift and open pile timber pier. (DISTRICT 5 — LYNNHAVEN) 7. Ordinance to APPOINT three Viewers for one-year terms, beginning July 1, 2005, re closures of City streets and alleys. 8. Ordinances to APPROPRIATE: a. $500,000 from the fund balance of the Inmate Services Special Revenue and $100,000 from the Sheriff's Department Special Revenue to the FY 2005-06 Capital Budget re design and site selection for the Sheriffs Workforce/Work Release facility b. $305,736 from the State Compensation Board and $290,960 from the fund balance of the Sheriff's Department Special Revenue to the Department of Sheriff and Corrections' FY 2005-06 Operating Budget re the 4.4% state pay increases for uniformed Sheriff personnel retroactively to July 1, 2005 'µ J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Proposed Changes to Virginia Beach City Code Section 2-194 Pertaining to Cash Advances. MEETING DATE: August 2, 2005 ■ Background: The section of the Virginia Beach City Code pertaining to petty cash funds limits the number of such funds to one per department in an amount not to exceed $5,000.00 for the city treasurer and $2,500.00 for all other departments. The Code currently does not distinguish between the uses of petty cash and change funds. Operating procedures in some departments require more than one petty or change cash fund. In emergencies, the Department of Communications and Information Technology and other departments may temporarily require larger petty cash funds. Certain departments, such as the Convention and Visitors Bureau and the Virginia Aquarium and Marine Science Center, require large change funds to conduct their business. The proposed changes to the code would authorize and direct the finance director to develop procedures regarding the administration of petty cash and change funds. These procedures would allow, with appropriate documentation, the establishment of more than one petty cash or change fund per department and would allow the finance director to increase the amount of the petty cash or change fund over the stated limit for special departmental circumstances. Administrative Directive AD 4.01 Administration of Petty Cash and Change Funds updates the procedures on the managing and auditing of petty cash and change funds. ■ Considerations: Current § 2-194 of the Code of the City of Virginia Beach does not provide the needed flexibility for departments to conduct their operations in an efficient and effective manner. The proposed changes to § 2-194 of the Code of the City of Virginia Beach create the needed flexibility while still maintaining appropriate controls and accounting over the use of the funds. ■ Public Information: The revised procedures are available to the public upon request. ■ Alternatives: The only alternative considered was to leave the Code unchanged. The current provision, however, creates unnecessary operating hardships on departments in delivery of their services. ■ Recommendations: Adopt the proposed changes to § 2-194 of the Code of the City of Virginia Beach. Attachments: Ordinance and Administrative Directive Recommended Action: Approval Submitting Department/Agency: Finance City Managek�r� :�q 07Z, ��4Gll�1A•BPA�,yG . 0 Administrative Directive rr s e OF OUR MWON Title: Administration of Petty Cash and Change Funds Index Number: AD4.01 Date of Adoption: 03/15/95 Date of Revision: 7/01/05 Page 1 of 5 1.0 Purpose and Need This directive sets forth procedures for the authorization, establishment and maintenance of petty cash and change funds, including appropriate uses, internal control procedures, and security standards. 2.0 Administrative Directive 1. The City maintains petty cash funds to allow for the reimbursement of appropriate business expenditures when their use is the most efficient and cost-effective method to conduct the transaction. Petty cash is an important payment vehicle for small dollar items. Departmental personnel are encouraged to consider the total cost of transactions when using petty cash. A procurement card or City vendor contract may be more effective. 2. Change funds are designated funds used strictly for making change for special purposes such as events, gatherings, sporting events, or circumstances where the making of change is required for City routine operations. 3. The administration of these funds is the responsibility of the Director of Finance, who authorizes their establishment and modification. Each petty cash and change fund shall have a custodian, who is responsible for reconciling the fund on a regular basis, maintaining required records regarding disbursements that have been made from the fund, and replenishing the fund when necessary. 4. Petty cash funds should not be commingled with any other funds such as cash receipts from sales or services and should not be commingled with change funds. 5. The size of a petty cash fund will be determined based on departmental needs and approval by the Director of Finance or designee. However, absent special approval by the Director of Finance, the size of the petty cash fund or change fund shall not exceed the amounts so stated in the current City Code. It is recognized that there are certain departments and City functions that will require larger change funds due to their particular nature and the functions they perform. In these cases, larger change funds should be requested in writing and must be approved by the Director of Finance. In addition, during emergency situations, larger petty cash funds may be required and will be approved on an individual basis by the Director of Finance. 3.0 Procedure to Accomplish Administrative Directive Establishment and Adjustment of Fund A. The Director of Finance or designee must authorize all petty cash and change funds. Anyone Title: Administration of Petty Cash and Change Funds Index Number: AD4.01 Date of Adoption: 03/15/95 Date of Revision: 7/01 /05 Page 2 of 5 3.0 Procedure to Accomplish Administrative Directive (continued) Establishment and Adjustment of Fund (continued) requesting the establishment or increase of a petty cash or change fund must submit to the Director of Finance a Request for Petty Cash/Change Fund Form to include the following information: a. The need for the fund or increase. b. The dollar amount of the fund or desired increase. C. The name and title of the fund custodian and the alternate fund custodian. d. A description of how and where the funds will be secured. Approval by the Department Director. f. The custodian and the alternate custodian must sign a Petty Cash/Change Fund Custodian Responsibility Statement. These individuals should be permanent City employees. B. Petty cash funds should be established in the lowest practical dollar amounts. They should be sized to meet program needs and/or the department's estimated petty cash needs for a one - month period. Change funds should be sized based on the program needs for making change for particular functions. 2. Procedures A. Each expenditure reimbursement may be made to City employees or other qualifying payees subject to City purchasing regulations located in the City Purchasing Manual, which can be found on the Finance Department BEACHnet site (BEACH net/departments/fn/purchasing). B. Certain types of expenditures are not reimbursable by petty cash funds, such as those that require tax reporting, income withholding, or are not allowed for internal control purposes. The following transactions cannot be processed using petty cash: a. Payment of salary or wages and other payments for services that are subject to reporting and withholding as taxable income. b. Personal check cashing or salary cash advances. C. Personal expenditures or borrowings in any amount by the custodian(s) or staff. d. Cash employee recognition awards. e. Local mileage reimbursement over $50.00 per month per person. Persons making any unauthorized purchases or exceeding prescribed limits will be held personally responsible for the cost of such purchases or such excess. C. No expenditures are to be reimbursed from or charged to change funds. The cashing of payroll checks, travel advance checks, and employees' personal checks and IOUs from change funds is also prohibited. Title: Administration of Petty Cash and Change Funds Index Number: AD4.01 Date of Adoption: 03/15/95 Date of Revision: 7/01/05 Page 3 of 5 3.0 Procedure to Accomplish Administrative Directive (continued) 2. Procedures (continued) D. Replenishing petty cash funds with other undeposited cash receipts or using unreported previous days' overages to cover any shortages that may occur in the fund is prohibited. E. The reconciliation and replenishment of petty cash funds should be performed on a regular basis. Reimbursement requests must be made to the Finance Department, Comptroller Division, Office of Accounts Payable on the Petty Cash Reconciliation and Replenishment Form, providing the following information: a. Custodian department. b. Budget/account code. C. Description and dollar amount for each transaction and a receipt for each. Authorization by the Department Director or designee who does not serve as custodian of the funds. Petty cash funds will be replenished after the fund has been reconciled and only in amounts up to the original amount advanced unless an increase is requested and approved per Section 3.1 of this directive. The Department Director or authorized designee should perform periodic checks of disbursements made from the fund compared to cash on hand as an integral part of the internal control process. F. In reference to change funds, custodians must balance and deposit intact on a regular basis all monies received by the department. Cash receipts must not be used to establish or increase a change fund. Any funds received above the amount of the change fund must be deposited in the City's bank account. G. City departments are not authorized to disburse nor distribute any portion of their authorized petty cash and/or change fund to another department, group or individual. The petty cash fund and change fund must also remain in the physical possession of the custodian of record. H. The Finance/Comptroller's Office will reconcile the general ledger amount to the subsidiary ledger that lists the City's petty cash and change fund custodians on a monthly basis. I. The Finance Department will perform periodic audits of petty cash and change funds and may, at its discretion, close a petty cash or change fund in the event of mismanagement, misuse of funds, or other violation of this directive. A report detailing the closure will be sent to Audit Services. J. It will be the custodians' responsibility to provide adequate precautions for the safekeeping of the funds under their control. All petty cash and change funds must be stored in a secure location, in a device that is locked and, whenever possible, fireproof and immovable. Funds should never be left unattended and unsecured. In the event funds are lost or stolen, the custodian must follow the procedures in accordance with Administrative Directive 5.02 Departmental Reporting Procedures, Section 5.8. A review of security procedures will be conducted and recommendations will be made for improvement. Any funds missing from a petty cash or change fund will be charged to the responsible department and the custodian may be subject to disciplinary action for any violations of this directive contributing to the loss of funds. All petty cash and change funds should be held at City business locations only. Title: Administration of Petty Cash and Change Funds Index Number: AD4.01 Date of Adoption: 03/15/95 Date of Revision: 7/01/05 Page 4 of 5 3.0 Procedure to Accomplish Administrative Directive (continued) 3. Change and/or Closure of Fund A. Anytime a custodian change is required, a reconciliation of the fund must be performed and recorded on a Petty Cash/Change Fund Reconciliation and Replenishment Form, which will serve as the final reconciliation of the fund under the present custodian. This form shall be forwarded to the Department of Finance Comptroller Division Office of Accounts Payable. A Request for Petty Cash/Change Fund Form and a signed Petty Cash/Change Fund Custodian Responsibility Statement must be forwarded to the Office of Accounts Payable once a new custodian has been appointed, whether this custodial assignment is temporary or permanent. The actual money and/or receipts do not need to be physically returned to the Office of Accounts Payable as long as the funds are reconciled. It shall remain the responsibility of the Department Director to ensure that transferring or closing of a petty cash fund or change fund is completed in accordance with this administrative directive. B. Should the petty cash or change fund close, a final reconciliation of the fund must be performed and recorded on a Petty Cash/Change Fund Reconciliation and Replenishment Form and must be signed by both the custodian and Department Director (or authorized designee). Any remaining cash must be returned to Accounts Payable together with any outstanding reimbursement vouchers for the petty cash funds and any receipts that may be on hand at the time of closure. 4.0 Responsibility and Authority 1. The Finance Department is responsible for the establishment, oversight, and administration of the petty cash and change fund programs. The Finance Department will also be responsible for conducting periodic, unannounced audits of petty cash and change funds and reconciling to the general ledger. 2. The Comptroller's Office is responsible for providing appropriate replenishment of all City petty cash funds. Accounts Payable will review disbursements from such funds to ensure compliance with City policies. 3. A petty cash and/or change fund custodian is responsible for the following functions in addition to assuming full responsibility for the specific cash assigned. a. Performing a regular reconciliation of the fund and maintaining adequate control over it. b. Closing the fund immediately if its purpose is no longer necessary or there is a change in custodians. C. Providing effective precautions for the safekeeping of the funds under their control. d. Requesting appropriate replenishment of the petty cash fund. Ensuring the change fund equals the original issue amount at all times. Being accountable for having on hand at all times cash, receipts, and signed petty cash vouchers that equal the original balance of the petty cash fund. g. Reading this directive and fully understanding its content and purpose. Title: Administration of Petty Cash and Change Funds Index Number: AD4.01 Date of Adoption: 03/15/95 Date of Revision: 7/01/05 Page 5 of 5 4.0 Responsibility and Authority (continued) 4. Department Directors or authorized designees are responsible for authorizing Petty Cash Fund Replenishment forms and performing periodic audits of department's own petty cash and change funds. 5.0 Definitions A petty cash custodian is a designated person who is responsible for the safekeeping of a petty cash fund as well as adherence to this directive. A petty cash custodian should be a permanent City employee. An alternate petty cash custodian for each fund should be appointed whenever possible. Whenever the alternate custodian assumes responsibility, a full accounting of cash on hand and vouchers must be performed. The same procedure should be performed when the regular custodian resumes full responsibility of the fund from the alternate custodian. Section 3.3 (A) of this directive explains the procedures that should be followed. 2. A change fund custodian is a designated person who is responsible for the safekeeping of a change fund as well as adherence to this directive. A change fund custodian should be a permanent City employee. An alternate change fund custodian for each fund should be appointed whenever possible. Whenever the alternate custodian assumes responsibility, a full accounting of cash on hand and/or receipts must be performed. The same procedure should be performed when the regular custodian resumes full responsibility of the fund from the alternate custodian. Section 3.3 (A) of this directive explains the procedures that should be followed. 3. An authorized designee is a department representative who has been appointed by the Department Director to act upon his or her behalf. The authorized designee should not be the petty cash fund or the change fund custodian. The authorized designee, whenever possible, should not be the same person who signs for departmental expenditures. 6.0 Specific Requirements The following forms are available on the Finance Department's Intranet site: Request for Petty Cash/Change Fund Form 2. Petty Cash/Change Fund Custodian Responsibility Statement 3. Petty Cash/Change Fund Reconciliation and Replenishment Form q I ff Approved as to Content: I o anU J Director, Department of Finance Da Approved as to Legal Sufficiency: S:c. City ttorney's Office Date r � Approved: -7 Chief Fin 'cial Officer Date Approved: _ City lVanager Date 1 AN ORDINANCE TO AMEND CHAPTER 2 OF THE CODE 2 OF THE CITY OF VIRGINIA BEACH REGARDING THE 3 AUTHORIZATION AND ADMINISTRATION OF PETTY 4 CASH AND CHANGE FUNDS 5 6 WHEREAS, more efficient administration would be promoted by 7 allowing the finance director to develop procedures regarding 8 the authorization and administration of petty cash and change 9 funds; and 10 WHEREAS, certain business needs require adequate change 11 funds. 12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 13 CITY OF VIRGINIA BEACH: 14 That Section 2-194 of the Code of Virginia of the City of 15 Virginia Beach, Virginia, is hereby amended and reordained to 16 read as follows: 17 Sec. 2-194. Petty Cash Advances. 18 The finance director is authorized and directed to issue 19 petty cash and change fund advances not exceeding five thousand 20 dollars ($5,000.00) to the city treasurer and two thousand five 21 hundred dollars ($2,500.00) per petty cash or change fund to 22 other departments and agencies for use in making change and 23 purchasing goods and services that are in urgent need. The 24 finance director may approve petty cash or change funds greater 25 than these amounts as required by business needs in accordance 26 with prudent financial practices. Each person receiving or 1 27 administering any such fund shall make an uaLc _r'h accounting 28 thereof through either periodic audit or submission to the 29 finance director of reimbursement vouchers containing receipts. 30 The finance director is directed to develop policies and 31 procedures regarding the administration of petty cash and change 32 funds in accordance with generally accepted accounting 33 principles. 34 This ordinance shall be effective from the date of its 35 adoption. 36 Adopted by the City Council of the City of Virginia Beach, 37 Virginia, on this day of , 2005. APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA-9635 GG/ORDRES/PROPOSED/2-194 Petty Cash ord R-2 May 31, 2005 2 .z1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-108 OF THE CITY CODE REGARDING PROBATION PERIOD OF EMPLOYMENT MEETING DATE: August 2, 2005 ■ Background: The City's probation period allows a specified time period for a hiring department to evaluate an employee's on-the-job performance and to determine if the employee adequately demonstrates the knowledge, skills and abilities of the position for which the employee was hired. After successful completion of the probation period, employees are eligible for a merit increase. Currently, the probation period for all sworn police personnel is fifteen (15) calendar months. The Police Department has requested that the current fifteen (15) month probation period for newly -hired, certified police officers be amended to twelve (12) months. The twelve (12) month probation period for sworn, certified police officers includes a required training period of four (4) to seven (7) weeks, one (1) month of on-the-job performance and approximately nine (9) months of performance providing the full duties of a police officer prior to release from probation. As a result, the twelve (12) month probation period provides ample time to evaluate the performance of sworn, certified police personnel. This ordinance would provide a twelve (12) month probation period for sworn, certified police personnel. Additionally, because employees are eligible for a merit increase upon successful completion of the probation period, this ordinance would also allow certified police officers to be eligible for a merit increase upon the successful completion of twelve (12) months of service with the City. The ordinance does not affect the probation period for police officer recruits, who serve a fifteen (15) month probation period, including a nine (9) month training period followed by six (6) months of on-the-job performance prior to release to perform the full duties of a police officer. Police officer recruits would continue to be eligible for a merit increase after twelve (12) months of service as a Police Officer. ■ Considerations: A survey of localities across the state reveals that certified police officers are not subject to the same probation period as police officer recruits. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendation: Adoption of Ordinance. ■ Attachment: Ordinance. Recommended Action: Adoption SubmittingDepartment/Agency: The De artment of Human Resources %] P cc% City Manager: ALL 1 AN ORDINANCE TO AMEND AND REORDAIN SECTION 2 2-108 OF THE CITY CODE REGARDING PROBATION 3 PERIOD OF EMPLOYMENT 4 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 2-108 of the City Code is hereby amended and 9 reordained to read as follows: 10 Section 2-108. Probation period of employment 11 The probation period for employees other than sworn, non- 12 certified police personnel shall be defined as the initial 13 twelve (12) calendar months of employment following an original 14 employment or re-employment. The probation period for sworn, 15 non -certified police personnel shall be fifteen (15) calendar 16 months of employment following an original employment or re- 17 employment. However, the probation period for all probation 18 employees shall be extended one (1) pay period for every fifteen 19 (15) consecutive calendar days a probation employee is on injury 20 leave, suspension, leave without pay, or sick leave status. Any 21 salary change which may occur upon completion of the probation 22 period shall not become effective until the first day of the pay 23 period following such completion. 24 COMMENT 25 This modification limits the probation period of newly -hired, sworn, certified police 26 personnel to twelve (12) months. In accordance with §§ 2-109 and 2-116 of the City Code, sworn, 27 certified police personnel will be eligible for a merit increase after successful completion of the 28 probation period. 29 29 Adopted by the Council of the City of Virginia Beach, 30 Virginia, on the day of , 2005. CA-9685 H:\PA\GG\ORDRES\2-108 ord.doc R-2 July 18, 2005 APPROVED AS TO CONTENTS: .0 ',a &A e tment of Human Resources APPROVED AS TO LEGAL SUFFICIEN City Attorney's Office OA APPROVED AS TO CONTENTS: Police epartment e pS :2) �~wwY CITY OF VIRGINIA BEACH AGENDA ITEM ITEM A Resolution Affirming Support for the Continuing Location of Naval Air Station Oceana in Virginia Beach MEETING DATE: August 2, 2005 ■ Background: Recently, the Base Realignment and Closure Commission added NAS Oceana to the list of military installations considered for closure, notwithstanding the contrary recommendation of the Department of Defense and overwhelming community sentiment to keep the base in Virginia Beach. Mayor Oberndorf has requested that the Resolution be placed before the City Council. ■ Considerations: The Resolution affirms the strongest support of the City Council for the continued operation of NAS Oceana in Virginia Beach. ■ Public Information: Advertisement as a normal agenda item. ■ Recommendations: Adoption of Resolution. ■ Attachments: Resolution Recommended Action: Adoption of Resolution Submitting Department/Agency: Requested by Mayor Oberndorf City Manager: Int'j, Z! - (9L-'.j 1 REQUESTED BY MAYOR MEYERA E. OBERNDORF 2 3 4 A RESOLUTION AFFIRMING SUPPORT FOR 5 THE CONTINUING LOCATION OF NAVAL AIR 6 STATION OCEANA IN VIRGINIA BEACH 7 8 WHEREAS, the federal government is continuing the process 9 of evaluating all active military installations with a view 10 toward eliminating those which are deemed unnecessary or 11 redundant in view of current budget restraints and national 12 defense requirements; and 13 WHEREAS, Naval Air Station (NAS) Oceana was recently added 14 to the list of military installations being considered for 15 closure; and 16 WHEREAS, Hampton Roads is the situs of the largest and most 17 varied assemblage of naval activities in the United States, 18 including a massive assemblage of aircraft carriers and other 19 surface ships of all types, as well as major supporting 20 activities; and 21 WHEREAS, NAS Oceana is a master jet base, uniquely and 22 strategically located on the East Coast, capable, with minimal 23 capital expenditure, of receiving and supporting present and 24 future generations of fighter and attack aircraft comprising the 25 vital naval air warfare component of our national defense; and 26 WHEREAS, there exists in the City of Virginia Beach the 27 infrastructure, including quality housing, a superb school 28 system and the community recreational and service facilities 29 essential to support a major military installation; and 30 WHEREAS, the overwhelming majority of the residents of the 31 City of Virginia Beach take great pride in, and fully support, 32 the continued location of NAS Oceana in Virginia Beach; and 33 WHEREAS, the City Council has undertaken significant 34 measures to enhance the viability of NAS Oceana as an active 35 military installation in the City of Virginia Beach, including, 36 but not limited to, the expenditure of $202 Million in 37 improvements to roadways accessing NAS Oceana; the relocation of 38 two elementary schools out of Accident Potential Zones; the 39 adoption of amendments to the City Code requiring sound 40 attenuation in residential properties; securing the cooperation 41 of the real estate industry in Virginia in providing to 42 prospective purchasers of residential properties disclosures 43 concerning Accident Potential Zones and Noise Zones; seeking the 44 enactment of legislation requiring, as a matter of Virginia law, 45 such disclosures and providing civil remedies for the violation 46 thereof; seeking the enactment of legislation requiring sound 47 attenuation in nonresidential properties in Noise Zones; and 48 directed the City Attorney's Office and Planning Department to 49 prepare and submit to the City Council an Air Installations 50 Compatible Use Zones (AICUZ) Overlay ordinance restricting the 51 development of property in Accident Potential Zones and certain 52 Noise Zones; and 53 WHEREAS, the Department of Defense has gone on record as 54 favoring the retention of NAS Oceana as part of the current Base 55 Realignment and Closure (BRAC) Commission; 56 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 57 OF VIRGINIA BEACH, VIRGINIA: 58 That the City Council hereby affirms its strongest support 59 for the continuing operation of Naval Air Station Oceana within 60 the City of Virginia Beach. 61 62 Adopted by the City Council of the City of Virginia 63 Beach on the day of August, 2005. CA-9718 OID\ordres\Oceanares.doc R-1 July 26, 2005 3 z .s, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving a Cooperative Agreement Between City Council and the Virginia Beach School Board Pertaining to the Provision of Legal Services to the Board by the Office of the City Attorney in Fiscal Year 2006 MEETING DATE: August 2, 2005 ■ Background: Since 1996, the City Council has entered into a Cooperative Agreement for the City Attorney to provide legal services to the School Board. Each year, the Agreement is presented to the City Council for approval. ■ Considerations: Under the Cooperative Agreement between City Council and the School Board, the City Attorney's Office will continue to provide 4,125 hours of legal service to the School Division and will be reimbursed for the direct cost of those services. One Deputy City Attorney (Gary L. Fentress), one Associate City Attorney (Kamala H. Lannetti), and one legal secretary (Eileen Hodge) are located in the School Administration Building, and the Deputy City Attorney coordinates the delivery of additional legal services, as needed for the other attorneys in the City Attorney's Office, as well as outside counsel. ■ Public Information: The ordinance is to be advertised as a routine agenda item. ■ Recommendation: It is recommended that the City Council approve the Cooperative Agreement and authorized Mayor Oberndorf to execute it on behalf of the City Council. ■ Attachments: Ordinance Cooperative Agreement Recommended Action: Approval Submitting Department/Agency: City Attorne�///�i( City Manager: �'L 1 AN ORDINANCE APPROVING A COOPERATIVE 2 AGREEMENT BETWEEN THE CITY COUNCIL AND 3 THE VIRGINIA BEACH SCHOOL BOARD FOR THE 4 PROVISION OF LEGAL SERVICES TO THE BOARD 5 BY THE OFFICE OF THE CITY ATTORNEY IN 6 FISCAL YEAR 2006 7 8 9 WHEREAS, the Office of the City Attorney has, for a number of 10 years, provided legal services to the Virginia Beach School Board and 11 School Administration pursuant to Cooperative Agreements; 12 WHEREAS, the Cooperative Agreement for FY 2005, which expired 13 on June 30, 2005, provides that "[t]his Cooperative Agreement ... may 14 be revised, as necessary, and renewed each fiscal year ..."; and 15 WHEREAS, City Council agrees that it is in the best interests 16 of the City and the School Board for the Office of the City Attorney 17 to continue to provide legal services to the School Board pursuant to 18 the revised Cooperative Agreement for FY 2006. 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 1. That the City Council hereby approves the Cooperative 22 Agreement for FY 2006 a copy of which is attached hereto as "Exhibit 23 A." 24 2. That the Mayor is hereby authorized to execute the 25 Cooperative Agreement on behalf of the City Council. 26 Adopted by the Council of the City of Virginia Beach, 27 Virginia on the day of 1 2005. APPROVED AS TO LEGAL SUFFICIENCY: �-I&- rq �&L City Attorney CA9716 H:\PA\GG\OrdRes\Coop Agmt (Schools)ORD R-1 July 22, 2005 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2006 Factual Background: l . City Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as may be assigned by the Council. 2. Appointment of City Attorney. The City Charter also provides that the City attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authority. The School Board is established by the Virginia Constitution, the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. School Board Authority to Hire Legal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Recognized Reasons to Share Legal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City and School Board matters, institutional memory„ and the ability of the City Attorney's Office to provide a wide range of legal services to the Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judgment of City Attorney. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. ' Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the Council and Board may arise and that, in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the Board. Obiectives The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. K F:\Data\ATY\Otficc Adminisvation\Acwunting Administradon\Accwnling\IDTs\School Agrc==t\COOPERATIVE AGREEMENT FY 2W&doc Agreement: NOW, THEREFORE, the City Council and the School Board hereby agree as follows: 1. Legal Staffing. The Office of the City Attorney will provide the equivalent of two and one half (2 %2) attorney positions (or 4,125 hours per year) and one (1) secretarial position during FY 2006 these services to be provided as follows: A. The City Attorney will dedicate two attorneys on -site at the School Administration Building to the School Board and the School Administration who will devote all of their time (i.e., 3,300 hours per year) to the provision of legal services to the School Board and School Administration. For the term of this Agreement, those attorneys will be Gary L. Fentress, Deputy City Attorney and Kamala Hallgren Lannetti, Associate City Attorney. B. The City Attorney will dedicate one Secretary on -site at the School Administration Building who will devote all of her time to the support of legal services to the School Board and Administration. C. The remaining attorney hours will be provided by the other attorneys in the Office, based upon their various areas of expertise with school -related legal issues, and shall include representation in real estate matters, representation of the School Administration in personnel matters, general administrative and procedural issues, and general litigation. Attorneys assigned to handle School Board matters may hold regular weekly office hours in the School Administration Building and will remain on -call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in- house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City attorney, the selection of the dedicated attorneys shall be 3 FAData\ATY\Oflicc AdminimationVlccounting Administration\Accounting\IDTs\SchwI Agr=mt\COOPERATIVE AGREEMENT FY 2006.doc mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the members of the Board expresses dissatisfaction with the legal services provided by the dedicated attorney, or by any other attorney providing services to the Board, the City Attorney will meet with the Board to discuss and evaluate its concerns. Furthermore, if the Board and the City Attorney agree that the most reasonable way to address the Board's concerns is to assign another attorney or other attorneys to represent the Board, the City Attorney will use his best efforts to make such an assignment(s) as soon as possible. 2. Communication and Reports. Throughout the term of this Agreement, the Office of the City Attorney will maintain an open line of communication with the Board and the Division Superintendent, and will keep them apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Division Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual Board members in accordance with applicable Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of the City Attorney will provide the Superintendent and the School Board a quarterly report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the Board, the Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual Board members. 3. Management of Legal Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the Board and the School Administration, and shall assist the Board and Administration in the management of the Board's legal matters; and that the City El F:\Data\ATY\Otfice Administration\Acwwing Admini=afiw\Am—ting\IDTs\Sc mI Agrc==t\C00PERATIVE AGREEMENT FY 20D6.doc Attorney shall report to the Board concerning those matters he has been assigned by the Board to manage and/or handle on its behalf. 4. Ethical Conflicts Concerning Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Ability to Provide Legal Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical constraints as they may arise. 6. Nature of Agreement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of $342,849.28 from its FY 2006 Operating Budget to the FY 2006 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of two and one half (2.5) attorneys and one (1) Legal Office Assistant. IDT requests of 25% of the total shall be made by the City and funds transferred by the School Board on or about July first, October first, January first, and April first. 8. Term and Termination of Agreement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2005, and ends June 30, 2006, 5 F:\Data\ATY\Of5cc Adminimation\A c ting Adminisuatiw\A"oonting\IDTs\SchwI Agr=m COOPERATIVE AGREEMENT FY 2006.doc and may be revised, as necessary, and renewed each fiscal year thereafter; provided, however, that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. SCHOOL BOARD OF CITY OF VIRGINIA BEACH Daniel D. Edwards, Chairman CITY COUNCIL, CITY OF VIRGINIA BEACH Meyera E. Oberndorf, Mayor School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on , 2005. LIM School Board Clerk City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on , 2005. City Clerk 0 FAData\ATY\Officc Adminiwauon\Accounting Administration\Accounting\fDTs\SchmI Agreemmt\COOPERATIVE AGREEMENT FY 2006.dm EXHIBIT A c ♦ T A DV e. RT NTi TiTTC gCT-10OL FUNDING FY 2005/2006 Account # Account Description QTR 1 QTR 2 QTR 3 QTR 4 Full Attorney Funding - FY 601130 Proffessional Salaries - Deputy Atty $ 30,312.12 $ 31,221.48 $ 31,676.16 $ 31,676.16 $ 124,885.92 Professional Salaries - Associate Atty $ 19,356.66 $ 19,792.20 $ 20,227.78 $ 20,227.74 $ 79,604.38 Professional Salaries - Half Assistant Atty $ 6,999.69 $ 6,999.69 $ 6,999.69 $ 7,052.19 $ 28,051.26 601150 Technical Salaries - Legal Office Assistant $ 7,197.12 $ 7,197.12 $ 7,197.12 $ 7,521.00 $ 29,112.36 Total Salaries $ 63,865.59 $ 65,210.49 $ 66,100.75 $ 66,477.09 $ 261,653.92 602101 FICA (Max. $90,000) - Deputy Atty $ 1,395.00 $ 1,395.00 $ 1,395.00 $ 1,395.00 $ 5,580.00 FICA (Max. $90,000) - Associate Atty $ 1,233.87 $ 1,233.87 $ 1,233.87 $ 1,233.87 $ 4,935.47 FICA (Max. $90,000) - Half Assistant Arty $ 434.79 $ 434.79 $ 434.79 $ 434.79 $ 1,739.18 FICA (Max. $96,000) - Legal Office Assistai $ 451.24 $ 451.24 $ 451.24 $ 451.24 $ 1,804.97 Total FICA $ 3,514.90 $ 3,514.90 $ 3,514.90 $ 3,514.90 $ 14,059.62 602104 Medicare (No Max) - Deputy Atty $ 452.71 $ 452.71 $ 452.71 $ 452.71 $ 1,810.85 Medicare (No Max) - Associate Atty $ 288.57 $ 288.57 $ 288.57 $ 288.57 $ 1,154.26 Medicare (No Max) - Half Assistant Arty $ 101.69 $ 101.69 $ 101.69 $ 101.69 $ 406.74 Medicare (No Max) - Legal Office Assistant $ 105.53 $ 105.53 $ 105.53 $ 105.53 $ 422.13 Total Medicare $ 948.50 $ 948.50 $ 948.50 $ 948.50 $ 3,793.98 602201 Retirement - Deputy Atty $ 4,761.28 $ 4,761.28 $ 4,761.28 $ 4,761.28 $ 19,045.10 Retirement - Associate Atty $ 3,034.92 $ 3,034.92 $ 3,034.92 $ 3,034.92 $ 12,139.67 Retirement - Half Assistant Attorney $ 1,069.45 $ 1,069.45 $ 1,069.45 $ 1,069.45 $ 4,277.82 Retirement - Legal Office Assistant $ 1,109.91 $ 1,109.91 $ 1,109.91 $ 1,109.91 $ 4,439.63 Total Retirement $ 9,975.56 $ 9,975.56 $ 9,975.56 $ 9,975.56 $ 39,902.22 602301 Health & Dental - Deputy Atty $ 1,094.52 $ 1,094.52 $ 1,094.52 $ 1,094.52 $ 4,378.08 Health & Dental -Associate Atty $ 1,094.52 $ 1,094.52 $ 1,094.52 $ 1,094.52 $ 4,378.08 Health & Dental - Half Assistant Attorney $ 1,094.52 $ 547.26 $ 547.26 $ 547.26 $ 2,736.30 Health & Dental - Legal Office Assistant $ 1,094.52 $ 1,094.52 $ 1,094.52 $ 1,094.52 $ 4,378.08 Total Health & Dental $ 4,378.08 $ 3,830.82 $ 3,830.82 $ 3,830.82 $ 15,870.54 TOTAL SALARY & BENEFITS $ 82,682.62 $ 83,480.26 $ 94,370.52 $ 84,746.86 $ 335,280.28 CITY ATTORNEY ADMINISTRATIVE COSTS Full Attorney Account # Account Description QTR 1 QTR 2 QTR 3 QTR 4 Funding 604102 Microcomputer Services - Associate Atty $ 818.00 $ 818.00 $ 818.00 $ 818.00 $ 3,272.00 Microcomputer Services - Assistant Atty $ 818.00 $ 818.00 $ 818.00 $ 818.00 $ 3,272.00 Total Microcomputer Srvcs $ 1,636.00 $ 1,636.00 $ 1,636.00 $ 1,636.00 $ 6,544.00 605801 Dues & Association Membership Virginia State Bar - Deputy Atty $ 62.50 $ 62.50 $ 62.50 $ 62.50 $ 250.00 Virginia State Bar - Associate Atty $ 62.50 $ 62.50 $ 62.50 $ 62.50 $ 250.00 Virginia State Bar - Half Assistant Atty $ 31.25 $ 31.25 $ 31.25 $ 31.25 $ 125.00 Virginia Beach Bar -Deputy Atty $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 160.00 Virginia Beach Bar - Associate Atty $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 160.00 Virginia Beach Bar - Half Assistant Atty $ 20.00 $ 20.00 $ 20.00 $ 20.00 $ 80.00 Total Dues & Association Fees $ 256.25 $ 256.25 $ 256.25 $ 256.25 $ 1,025.00 TOTAL ADMINISTRATIVE COSTS $ 1,892.25 $ 1,892.25 $ 1,892.25 $ 1,892.25 $ 7,569.00 TOTAL q[ NOOT, FUNDING NEEDED Account Full Attorney # Account Description QTR 1 QTR 2 QTR 3 QTR 4 Funding FULL ATTORNEY $ 84,574.87 $ 85,372.51 $ 86,262.77 $ 86,639.11 $ 342,849.28 Hours of Legal Services 1,031.25 1,031.25 1,031.25 1,031.25 4,125.00 Average Cost per Hour $ 82.01 $ 82.79 $ 83.65 $ 84.01 $ 83.11 7/21/2005 1:31 PM Schools Exhibit A FY06.xls CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Authorizing and Directing the City Manager to Execute a Police Mutual Aid Agreement between the City of Virginia Beach and Northampton County MEETING DATE: August 2, 2005 ■ Background: On October 14, 2003, the City of Virginia Beach entered into a Mutual Aid Agreement for Law Enforcement with ten other jurisdictions. Northampton County was not included in that number. After speaking with the City's Chief of Police, the Sheriff of Northampton County expressed an interest in executing a Mutual Aid Agreement with Virginia Beach. ■ Considerations: By executing this agreement, the City will count Northampton County among the many jurisdictions with whom the City currently enjoys mutual aid support. ■ Public Information: This item will be advertised in the same manner as other items on Council's agenda. ■ Recommendations: Adopt ordinance ■ Attachments: Ordinance Mutual Aid Agreement Summary of Terms Recommended Action: Approval Submitting Department/Agency: Police 071, City Manager. L - r 1 AN ORDINANCE AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE A POLICE MUTUAL AID 3 AGREEMENT BETWEEN THE CITY OF VIRGINIA 4 BEACH AND NORTHAMPTON COUNTY 5 6 7 WHEREAS, Virginia law authorizes local governments to enter 8 into reciprocal agreements for mutual aid and for cooperation in 9 the furnishing of police services; and 10 WHEREAS, it is deemed mutually beneficial to the City of 11 Virginia Beach and NORTHAMPTON County, to enter into an agreement 12 concerning mutual aid and cooperation with regard to law 13 enforcement, and increasing the ability of the local governments to 14 promote the safety and welfare of the entire area; 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 That the accompanying Police Mutual Aid Agreement is approved 18 and that the City Manager be directed to execute said Agreement on 19 behalf of the City of Virginia Beach. 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia, on the day of , 2005. APPROVED AS TO CONTENT: Poli epartmen APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA-9281 H:\PA\GG\ORDRES\MAA Northampton-VB Ord R-2 July 18, 2005 SUMMARY OF TERMS 1. Event - An incident requiring a law enforcement response that exceeds the equipment and/or personal resources of the requesting locality's Police Department. 2. Mutual Aid Agreement - An agreement between Virginia Beach and Northampton County to provide emergency services in the event an incident occurs that requires resources beyond those of the requesting locality's law enforcement. The Agreement also provides arrest authority to officers responding to the requesting jurisdictions locality, and allows arrest authority for officers present in another's jurisdiction in the event of an immediate threat to public safety. 3. Nature - Outlines the procedures required for the City of Virginia Beach and Northampton County to provide and receive law enforcement manpower and equipment, if available, in an effort to effectively respond to emergency incidents. 4. Term - This Agreement is effective upon execution, and may be terminated without cause upon thirty (30) days written notice by either party. 5. Insurance - Each party waives reimbursement for injuries and/or damages resulting from mutual aid activities, and agrees each party will be covered by its own insurance program. The City of Virginia Beach meets its insurance requirements through its self-insurance program administered by Risk Management. H:\PA\GG\ORDRES\\MAA Northampton-VB Summ of Terms Law Enforcement Mutual Aid Agreement THIS AGREEMENT, made this date of , 2005, by and among the City of VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia and NORTHAMPTON COUNTY. WHEREAS, Virginia law authorizes local governments and Sheriffs in counties where no police department has been established, to enter into reciprocal agreements for mutual aid and for cooperation in the furnishing of law enforcement services; and WHEREAS, the City of Virginia Beach and the Sheriff of Northampton County have determined that the provision of law enforcement aid across jurisdictional lines will increase their ability to preserve the safety and welfare of the entire area; and WHEREAS, it is deemed to be mutually beneficial to the parties hereto to enter into an agreement concerning mutual aid and cooperation with regard to law enforcement; and WHEREAS, the parties desire that the terms and conditions of this Law Enforcement Mutual Aid Agreement be established; NOW, THEREFORE, in consideration of the mutual benefits to be derived from a Law Enforcement Mutual Aid Agreement, the parties hereto covenant and agree as follows: 1. Each party will endeavor to provide law enforcement support to the other party to this Agreement within the capabilities available at the time the request for such support is made and within the terms of this Agreement. 1 2. Requests for assistance pursuant to the terms and conditions of this Agreement shall be made by the requesting jurisdiction's Chief of Police or Sheriff, whichever is applicable, or their respective designee. 3. The requesting party shall be responsible for designating a radio communications system for use by the requested party. 4. The personnel of the requested party shall render such assistance under the direction of the Chief of Police, Sheriff, or the respective designee of the requesting party. 5. Law enforcement support provided pursuant to this Agreement shall include, but not be limited to, the following resources: uniformed officers, marine patrol, canine officers, aerial support when maintained, forensic support, plainclothes officers, special operations personnel and related equipment. All law enforcement officers and personnel shall be duly trained and currently certified through Department of Criminal Justice Services for the position provided. 6. Subject to the terms of this Agreement, and without limiting in any way the other circumstances or conditions in which mutual aid may be requested and provided under this Agreement, the parties hereto agree to provide assistance to the requesting party in situations requiring the mass processing of arrestees and transportation of arrestees. The parties to the Agreement further agree to assist the requesting party with security and operation of temporary detention facilities. 2 7. Nothing contained in this Agreement should in any manner be construed to compel any of the parties hereto to respond to a request for law enforcement support when the personnel of the party to whom the request is made are, in the opinion of the requested party, needed or are being used within the boundaries of that party, nor shall any request compel the requested party to continue to provide law enforcement support to another party when its personnel or equipment, in the opinion of the requested party, are needed for other duties within the boundaries of its own jurisdiction. 8. In those situations not involving the provision of mutual aid upon request, law enforcement officers and personnel, and other employees of the city or Sheriff hereunder, may also enter the other's jurisdiction in furtherance of law enforcement purpose, concerning any offense in which the entering law enforcement agency may have a valid interest; provided, that the entering personnel shall, as soon as practical, make such presence known to the Chief of Police or Sheriff of the entered jurisdiction, or his designated representative. 9. The responsibility for investigation and subsequent actions concerning any criminal offense shall remain with the law enforcement agency of the locality whose court has original jurisdiction over the offense. Entering law enforcement personnel shall promptly notify the law enforcement agency of the entered locality upon discovery of a crime over which the court of the entered locality has original jurisdiction. 3 10. Officers acting pursuant to this Agreement shall be granted authority to enforce the laws of the Commonwealth of Virginia and to perform the others duties of a law enforcement officer: such authority shall be in conformance with Virginia Code Sections 15.2-1724; 15.2-1726, 15.2- 1730; 15.2-1730.1; and 15.2-1736, as may be applicable; however, law enforcement officers of any party who might be casually present in any other jurisdiction shall have power to apprehend and make arrests only in such instances wherein an apparent, immediate threat to pubic safety precludes the option of deferring action to the local law enforcement agency. 11. All law enforcement officers, agents, and other employees of the parties to this Agreement who are acting pursuant to this Agreement shall have the same powers, rights, benefits, privileges, and immunities in each other's jurisdiction, including the authority to make arrests in each other's jurisdiction. 12. The services performed and expenditures made under this Agreement shall be deemed to be for public and governmental purposes and all immunities for liability enjoyed by the parties within their boundaries shall extend to their participation in rendering assistance outside their boundaries. It is understood that for the purposes of this Agreement, the responding party is rendering aid once it has entered the jurisdictional boundaries of the party receiving assistance. 0 13. All pension, relief, disability, worker's compensation, life and health insurance, and other benefits enjoyed by said law enforcement officers or personnel as employees of their respective jurisdictional shall extend to the services they perform under his Agreement outside their respective jurisdictions. Each party agrees that provisions of these benefits shall remain the responsibility of the employing party. 14. Each party agrees that, in activities involving the rendering of assistance to another party pursuant to this Agreement, each party shall waive any and all claims against all other parties thereto which may arise out of their activities outside their respective jurisdictions. It is expressly understood that the provisions of this paragraph shall not apply to entry of law enforcement officers or other personnel into another jurisdiction pursuant to Paragraph 8 of this Agreement. 15. The parties shall not be liable to each other for reimbursement for injuries to law enforcement officers or personnel, or damage to equipment incurred when going to or returning from another jurisdiction, except to the extend that reimbursement for such expenses may be or is received from the Federal Emergency Management Agency (FEMA) or other governmental agency. Neither shall the parties be liable to each other for any other costs associated with, or arising out of, the rendering of assistance pursuant to this Agreement, except to the extent that reimbursement for such expenses may be or is received from FEMA or other governmental agency. 5 16. This Agreement rescinds and supersedes all previous written agreements and oral understandings relating to the provision of mutual law enforcement services between the parties. 17. Any of the parties hereto may withdraw from this Agreement by giving thirty (30) days written notice to that effect to the other parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective City Manager(s) and County Administrator(s), or Sheriff(s), the official seal of each city and county affixed hereto and attested by their respective City and County Clerks, and indicating thereafter the ordinance or resolution authorizing the execution. Sheriffs may attest by Notary Public. ATTEST: City Clerk ATTEST: County Clerk CITY OF VIRGINIA BEACH BY: City Manager COUNTY OF NORTHAMPTON BY: Northampton County Sheriff Resolution/Ordinance #: Adopted on: C1 gnu � 64, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Authorize and Direct the City Manager to Enter Into a Modification to the Memorandum of Understanding by and Between the Hampton Roads Junior Golf Foundation, Tournament Players Club of Virginia Beach, L.L.C., City of Virginia Beach Development Authority, and the City of Virginia Beach to Clarify Tax -Exempt Status of the Foundation MEETING DATE: August 2, 2005 ■ Background: By Ground Lease dated October 8, 1997, the City leases approximately 500 acres of real property located in the Lake Ridge area of the City to the Virginia Beach Development Authority ("VBDA"). By Sublease Agreement dated as of October 8, 1997, VBDA subleases a portion of the property to the Tournament Players Club of Virginia Beach, L.L.0 ("TPC"). TPC has constructed a Tournament Players Club golf course, clubhouse and related amenities upon ±254 acres of the property and is presently operating the facility as the Tournament Players Club of Virginia Beach pursuant to the terms of a license between TPC and the PGA TOUR. Pursuant to a Memorandum of Understanding dated May 16, 2000, among Hampton Roads Junior Golf Foundation, a Virginia corporation (the "Foundation"), TPC, VBDA and the City, the parties agreed to the terms for the development, construction and operation of a junior golf academy known as First Tee of Virginia Beach on an approximately 60-acre parcel of the property. Pursuant to a Memorandum of Understanding dated March 8, 2002, among the Foundation, TPC, VBDA and the City, VBDA consented to the sub -sublease of a portion of the property by TPC to the Foundation at a rate of $1.00 per year (the "Sub -Sublease"), so long as the Foundation maintains its status as a not -for -profit, tax-exempt organization. The Foundation is a not -for -profit, tax-exempt 501(c)(3) organization that primarily exists to make golf more accessible to people of all diversities and social strata, particularly children and young people who otherwise may not have an opportunity to learn and play the game. To ensure that the Foundation is not subject to leasehold real estate tax assessments by the City, the parties wish to clarify their relationship with respect to the Sub -Sublease and set forth the direct relationship between VBDA as co -lessor with TPC to the Foundation as tenant under the Sub -Sublease. ■ Considerations: The proposed modification would merely clarify that both TPC and VBDA are lessors of the property to the Foundation. This change ensures that the Foundation is not subject to leasehold real estate tax assessments by the City. VBDA will not incur any additional obligations by virtue of becoming a co -lessor with TPC. ■ Recommendations: Approve this ordinance authorizing and directing the City Manager to execute the Modification of Memorandum of Understanding on behalf of the City. ■ Attachments: Modification of Memorandum of Understanding by and Between the Hampton Roads Junior Golf Foundation, Tournament Players Club of Virginia Beach L.L.C., City of Virginia Beach Development Authority, and City of Virginia Beach. Recommended Action: Approval Submitting Department/Agency: Virginia Beach Development Authority ffi"i City Manager: (�V � e 4v> -, 0: 7- 1 AN ORDINANCE TO AUTHORIZE AND DIRECT THE CITY 2 MANAGER TO ENTER INTO A MODIFICATION TO THE 3 MEMORANDUM OF UNDERSTANDING BY AND BETWEEN 4 HAMPTON ROADS JUNIOR GOLF FOUNDATION, 5 TOURNAMENT PLAYERS CLUB OF VIRGINIA BEACH, 6 L.L.C., CITY OF VIRGINIA BEACH DEVELOPMENT 7 AUTHORITY AND CITY OF VIRGINIA BEACH 8 9 10 WHEREAS, by Ground Lease dated as of October 8, 1997, between 11 the City of Virginia Beach (the "City") and the City of Virginia 12 Beach Development Authority ("VBDA"), a Memorandum of which is 13 recorded in the Clerk's Office of the Circuit Court of the City of 14 Virginia Beach, Virginia in Deed Book 3799, page 626, the VBDA 15 leases from the City approximately 500 acres of real property 16 located in the Lake Ridge area of the City; 17 WHEREAS, by Sublease Agreement dated as of October 8, 1997, 18 between VBDA and Tournament Players Club of Virginia Beach, L.L.C., 19 a Virginia limited liability company ("TPC")(the "Sublease"), a 20 Memorandum of which is recorded in the aforesaid Clerk's Office in 21 Deed Book 3799, at page 631, VBDA subleased a portion of the 22 property to TPC; 23 WHEREAS, pursuant to the Sublease and that certain Development 24 Agreement dated as of October 8, 1997, between VBDA and TPC, TPC 25 has constructed a Tournament Players Club golf course, clubhouse 26 and related amenities upon ±254 acres of the property and is 27 presently operating the facility as the Tournament Players Club of 28 Virginia Beach pursuant to the terms of a license between TPC and 29 the PGA TOUR; 30 WHEREAS, pursuant to that certain Memorandum of Understanding 31 dated May 16, 2000, among Hampton Roads Junior Golf Foundation, a 32 Virginia corporation (the "Foundation"), TPC, VBDA and the City, 33 the parties agreed to the terms for the development, construction 34 and operation of a junior golf academy known as First Tee of 35 Virginia Beach on an approximately 60-acre parcel of the property; 36 WHEREAS, pursuant to that certain Memorandum of Understanding 37 dated March 8, 2002, among the Foundation, TPC, VBDA and the City, 38 VBDA consented to the sub -sublease of a portion of the property by 39 TPC to the Foundation at a rate of $1.00 per year (the "Sub- 40 Sublease"), so long as the Foundation maintains its status as a 41 not -for -profit, tax-exempt organization; 42 WHEREAS, the Foundation is a not -for -profit, tax-exempt 43 501(c)(3) organization that primarily exists to make golf more 44 accessible to people of all diversities and social strata, 45 particularly children and young people who otherwise may not have 46 an opportunity to learn and play the game; 47 WHEREAS, the Foundation, TPC, VBDA and the City wish to 48 clarify their relationship with respect to the Sub -Sublease and set 49 forth the direct relationship between VBDA as cc -lessor with TPC to 50 the Foundation under the Sub -Sublease, to ensure that the 51 Foundation is not subject to leasehold real estate tax assessments 52 by the City. 53 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 54 VIRGINIA BEACH, VIRGINIA: 55 That the City Manager, acting on behalf of the City of 56 Virginia Beach, is hereby authorized and directed to execute the 57 attached Modification to the Memorandum of Understanding by and 58 Between Hampton Roads Junior Golf Foundation, Tournament Players 59 Club of Virginia Beach, L.L.C., City of Virginia Beach 60 Development Authority, and the City, to clarify the relationship 61 between the parties with respect to the Sub -Sublease. The 62 modification sets forth the direct relationship between the 63 Virginia Beach Development Authority as co -lessor with 64 Tournament Players Club of Virginia Beach, L.L.C., and the 65 Hampton Roads Junior Golf Foundation as tenant under the Sub- 66 Sublease. This change ensures that the Foundation is not subject 67 to leasehold real estate tax assessments by the City. 68 Adopted by the Council of the City of Virginia Beach, 69 Virginia, on the day of , 2005. APPROVED AS TO CONTENT r Ma - De elopment Authority CA9678 PA/GG/ORDRES/HRJGF.ORD R-3 July 21, 2005 APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office MODIFICATION TO MEMORANDUM OF UNDERSTANDING BY AND BETWEEN HAMPTON ROADS JUNIOR GOLF FOUNDATION, TOURNAMENT PLAYERS CLUB OF VIRGINIA BEACH, L.L.C., CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AND CITY OF VIRGINIA BEACH This Modification to the Memorandum of Understanding ("Modification") is made as of , 2005, by and between HAMPTON ROADS JUNIOR GOLF FOUNDATION, a Virginia non -stock corporation (the "Foundation"), TOURNAMENT PLAYERS CLUB OF VIRGINIA BEACH, LLC, a Virginia limited liability company ("TPC"), the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia "(VBDA"), and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City"). RECITALS: 1. The parties to this Modification executed a Memorandum of Understanding dated May 16, 2000 ("Memorandum of Understanding") which is attached hereto as Exhibit A and incorporated herein by reference. 2. The Foundation has been operating a Junior Golf Academy known as the First Tee of Virginia Beach (the "Academy"). The Academy is located upon approximately fifty (50) acres of land which is a part of the TPC facility's site as defined in the Sub -Sublease between TPC and the Foundation dated October , 2000 ("Academy Site") which Sub -Sublease is attached hereto as Exhibit B and incorporated herein by reference. 3. The VBDA consented to the Sub -Sublease between the TPC and the Foundation and executed the Memorandum of Understanding and Addendum to Sublease Agreement dated March 8, 2002 which is attached hereto as Exhibit C and incorporated herein by reference ("Addendum to Sublease"). 4. VBDA's intent in consenting to the Addendum to Sublease was that the Academy Site would be leased to the Foundation at a rate of $1.00 per year so long as the Foundation at the rate maintains its status as a not -for -profit tax exempt organization pursuant to Internal Revenue Code §50'1(c)(3). 5. The Foundation is a tax exempt organization pursuant to Internal Revenue Code §501(c)(3). 6. The parties wish to clarify the relationship between the parties with respect to the Sub -Sublease between the Foundation, TPC, VBDA and City to set forth the direct relationship between the VBDA as co -lessor with TPC to the Foundation as tenant under the Sub -Sublease. NOW THEREFORE, forthe purpose of memorializing the parties' understanding of the Sub - Sublease of the Academy site as defined in the Memorandum of Understanding the parties have caused this Modification to be executed and agree as follows: 1. VBDA as co -lessor: a. VBDA is a co -lessor to the Foundation of the Academy Site pursuant to the Sub -Sublease by and between the TPC and the Foundation; provided however, VBDA is not responsible for any financial obligations of the Lessor under the Sub -Sublease Agreement ("Sub - Sublease"), nor is VBDA responsible for any Lessor obligations or Lessor representations under the Sub -Sublease, all of which shall be the sole responsibility of TPC. b. Any and all additional obligations, contracts and/or commitments by and between the Foundation and the TPC under the Sub -Sublease or other Agreements shall remain the sole obligations of the TPC and the Foundation and shall in no way obligate or hinder VBDA or the City of Virginia Beach. 2. Miscellaneous: a. This Modification may be executed in counterparts, and if executed in counterparts, each such counterpart shall constitute one and the same instrument. b. . In all other matters, as the same may arise from time to time, the parties agree that they shall utilize their respective best efforts to cooperate to the extent permitted by law, for the mutual advantage of the parties. C. This Modification shall be interpreted in accordance with and governed by the laws of the Commonwealth of Virginia, and venue for any action arising hereunder or under the Sub -Sublease (to the extent such action involves the City or VDBA) shall be the appropriate state court in the City of Virginia Beach, Virginia. d. Foundation shall comply with all applicable federal, state and local laws in the performance of its obligations hereunder and under the Sub -Sublease. IN WITNESS WHEREOF, the parties have caused this Modification to be executed by their duly authorized representatives. HAMPTON ROADSI JUNIOR GOLF FOUNDATION By: AAk.- gahe P. Batten; President TPC OF VIRGINIA BEACH, L.L.C. By: Tournament Players Club of Virginia, Inc., a Virginia corporation y: l i �- Jam)es C. Triola, Vice President U 2 0 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Chairman CITY OF VIRGINIA BEACH City Manager/Designee of the City Manager L:IVASEACHTWHampton Roads Golf Foundation, IncWaintenance Agreement with Tmmodirication to MOU (fmal).wpd May 10, 2005 (3:15pm) 10 L 7�Y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving the FY 2005-2006 State Performance Contract Between the Virginia Beach Community Services Board and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services MEETING DATE: August 2, 2005 ■ Background: The Commonwealth of Virginia provides funding for mental health, mental retardation and substance abuse services through a performance contract with local Community Services Boards. The contract requires localities to specify how funds will be utilized and the number of persons served with state, federal and medicaid funding. The contract also contains a number of outcome and patient information reporting requirements. ■ Considerations: The contract provides a substantial amount of funding needed to maintain important services. As required by law, the Community Services Board endorsed the performance contract at its June 30, 2005, meeting. ■ Public Information: Public comment on the contract was solicited for 30 days, pursuant to Code of Virginia §37.1-198. Copies of the proposed contract were placed in a number of locations around the City, including Human Services offices, the Central Library and the City Clerk's Office. The proposed contact was also posted on the City's Internet site. ■ Alternatives: Pursuant to Code of Virginia §37.1-198, if City Council does not approve the proposed performance contract by September 15, 2005, the contract shall be deemed approved. Rejecting the performance contract would mean losing $8,562,785 in state and federal funding, and risking the loss of an additional $13,294,118 in Medicaid and other fee revenues. ■ Recommendations: It is recommended that City Council adopt the attached resolution approving the FY 2005-2006 State Performance Contract between the Virginia Beach Community Services Board and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services. ■ Attachments: Resolution and Summary of Performance Contract Recommended Action: Adoption of Resolution Submitting Department/Agency: Department of Human Services t City Manager. , i 1 2 3 4 5 6 7 8 9 10 11 12 A RESOLUTION APPROVING THE FY 2005-06 PERFORMANCE CONTRACT BETWEEN THE VIRGINIA BEACH COMMUNITY SERVICES BOARD AND THE VIRGINIA DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICES NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby approves the FY 2005-06 performance contract between the City of Virginia Beach Community Services Board and the Virginia Department of Mental Health, Mental 13 Retardation, and Substance Abuse Services, providing state 14 15 16 controlled performance contract funding to the Virginia Beach Community Services Board. Adopted by the Council of the City of Virginia Beach, 17 Virginia on the day of APPROVED AS TO CONTENT: �A4'kJ4&tl- Uepartmqt Vf Human Services , 2005. APPROVED AS TO LEGAL SUFFICIENCY: r City Attorney' s Office CA9683 H:\PA\GG\OrdRes\CSB Performance Contract RES R-2 July 22, 2005 1 ry nnnc r�,.......,,,, - 4- Coniirce ParfnrmnncA C:nntrart Proposal Summary Program Service Unit Proposed Funding Units of Service # of Consumers Mental Health Emergency Services $1,110,283 38,953 Hours 1554 Outpatient Services $2,019,585 26,518 Hours 1588 Case Management Services $1,578,338 41,121 Hours 1560 Day Treatment/Partial Hospitalization $557,032 58, 752 Hours 40 Rehabilitation/Habilitation $1,317,102 155,829 377 Individual Supported Employment $96,589 1,478 Hours 33 Supervised Residential Services (551) $1,289,153 24,455 Bed Days 76 Supportive Residential Services (581) $252,203 3,694 Hours 183 Mental Retardation Case Management Services $1,546,807 27,300 Hours 625 Rehabilitation $2,394,845 108,841 Hours 138 Consumer Monitoring Services $8,643 364 Hours 80 Supportive Residential Services $1,477,989 21,476 Hours 31 Supervised Residential Services $2,186,797 10,267 Bed Days 29 Early Intervention $224,656 3,640 484 Transitional/Supported Employment $104,969 2,184 6 Supported Employment -Group Model $399,695 4,200 Days 28 Highly Intensive Residential $1,840,156 4,674 Days 13 Substance Abuse Outpatient $520,048 6,266 Hours 413 Case Management $384,759 7,049 Hours 250 Day Treatment/Part. Hosp. $345,589 10,540 Hours 100 Intensive Residential Services $271,990 5,475 Bed Days 141 Intensive (Residential) $140,775 2,920 Bed Days 81 Supportive Residential Services $359,551 8,024 Hours 85 Prevention $1,666,670 31,298 N/A Administration Administrative Support $2,586,844 N.A. N.A. FY2006 Community Services Performance Contract Quarter C Exhibit A Virginia Beach Consolidated Budget I Revenue Source Mental Mental Substance TOTAL 11 Health Retardation I I Abuse State Funds 2,709,861 1,006,895 1,388,816 5,105,572 State Restricted Funds 989,104 0 90,822 1,079,9261 Local Matching Funds 340,709 111,877 164,404 616,990� Fee Revenues 3,621,639 8,818,561 394,662 12,834,862� — Federal Funds 248,642 0 1,963,295 2,211,9371 Other Funds 0 224,656 234,600 459,256 r State Retained Earnings 173,109 0 0 173,109 Federal Retained Earnings 0 0 0 w Other Retained Earnings 0 0 0 0 Subtotal Funds 8,083,064 10,161,989 4,236,599 22,481,652 State Funds One -Time z State Restricted Funds One -Time Federal Funds One -Time 0 r �z � E Subtotal One -Time Funds 0 0 TOTAL ALL FUNDS 8,083,064 10,161,989 4,236,599 22,481,65 Expenses 1 8,083,064 10,161,989 4,236,5i r 22,481,652 Local Match Computation Total State Restricted and State Fund 5,552,879 (Less DAP, Net Regional DAP and Net Reinvestment) Local Matching Funds 616,990 Total State and Local 6,169,869 % Local Match _ 10.00% Fees Transferred TO FROM NET 0 0 0 Administrative & Management Expenses Total Admin. Expenses 2,586,844 Total Expenses 22,481,652 % Administration 11.51% Report Date 711212005 AF-1 FY2006 Performance Contract Virginia Beach Financial Comments Commend Increase in Emergency Services contract units and capacity is attributed to COmment2 increase in FTE. COmment3 Therapeutic Day Tx for C&A(415) is now under Day Tx/Partial Hos p. (410) Comment4 Intensive Outpatient ( 315) is now included in Outpatient (310) COmment5 Alternative Day Support Arrangements(475) is now under Rehabilitation/ Comment6 (Habilitation (425) $173,109 State Retained Earnings ( MH PACT funds) shown in MH Highly J Comment? Comment8 Intensive Residential was approved by DMHMRSAS for use to fund TDO/ Crisis Stabilization Services start-up costs Mental Retardation Services Comments: 1. Per the Letter of Notification from Viola Pope, the FY06 Early Intevention Commen19 Comment]0 Comment]] C0mment12 I allocation consists of $156,242 in state funds and $414,090 in federal funds. _ Comment13 IThe total FY06 Part C Early Intervention grant award is $570,332. The FY06 (Performance Contract contains just $224,656 of the total $570,332. This Co nil mentl4 jComment15 Jamount is included on the MR Financial Summary as "MR Other Funds." This Commen 16 portion of the total grant award will be used to pay for Early Intevention iCommentl7 L program personnel and operating costs. The remaining portion of the grant, COmmentl8 $345,676, that is not included in the FY06 Performance Contract, will be used rComment19 to pay for administrative support, service coordination, associated fees for j COmment20 home visits, and speech, physical and occupational therapy services. Comment2l 2. Five new intermediate care facility beds are included in Highly Intensive j jComResidential i Services (501). These beds will be brought on line once the Colby Comment23 COmment24 p Home is final inspected and certified by DMAS an an ICF/MR. rCer6ficratuionis expected in September 2005. Comment25 3. Consumer Monitoring Services is included per DMHMRSAS instructions. Report Date 7/12/2005 AF-2 FY 2006 Performance Contract Financial Summary Mental Health Virginia Beach Revenue Source Revenue Fees MH Medicaid Fees 3,192,587 MH Fees: Other 429,052 Total MH Fees 3,621,639 MH Transfer Fees (To)/From 0 MH Net Fees 3,621,639 Restricted Funds Federal MH FBG SED C & A 221,925 MH FBG SMI 18,055 MH FBG PACT 0 MH Fed PATH 8,662 MH Other Federal - DMHMRSAS 0 MH Other Federal - CSB 0 MH Fed COSIG 0 Total Federal Restricted MH Funds 248,642 State MH Acute Care (Fiscal Agent) 0 MH Transfer In/(Out) Acute Care 0 MH Net Acute Care 0 MH Regional DAP (Fiscal Agent) 0 MH Transfer In/(Out) Regional DAP 335,510 MH Net Regional DAP 335,510 MH Facility Reinvestment (Fiscal Agent) 0 MH Transfer In/(Out) Facility Reinvestment 0 MH Net Facility Reinvestment 0 MH Regional DAD/Wintex (Fiscal Agent) 0 MH Transfer In/(Out) Regional DAD/Wintex 0 MH Net Regional DAD/Wintex 0 MH DAD/Wintex 0 MH PACT 0 MH Discharge Assistance (DAP) 297,109 MH CSA Non -Mandated 356,485 MH Crisis Stabilization 0 MH Pharmacy (Blue Ridge) 0 MH Demonstration Project -Children 0 Total State Restricted MH Funds 989,104 Report Date 7/12/2005 AF-3 FY 2006 Performance Contract Financial Summary Mental Health Virginia Beach Revenue Source Revenue Other Funds MH Other Funds 0 MH Federal Retained Earnings 0 MH State Retained Earnings 173,109 MH Other Retained Earnings 0 Total Other MH Funds 173,109 State Funds MH State General Funds 2,679,861 MH State Regional Deaf Services 0 MH State NGRI 5,000 MH State Children's Services 25,000 Total State MH Funds 2,709,861 Local Matching Funds MH In -Kind 0 MH Contributions 0 MH Local Other 0 MH Local Government 340,709 Total Local MH Funds 340,709 Total MH Revenue & Expenses 8,083,064 MH One Time Funds MH FBG SWVMH Board 0 0 Total One Time MH Funds Total All MH Revenue 8,083,064 Report Date 7/12/2005 AF-4 FY 2006 Performance Contract MR Financial Summary Virginia Beach Revenue Sources Fees MR Medicaid Fees MR Medicaid ICF/MR MR Fees: Other Total MR Fees MR Transfer Fees (To)/From MR Net Fees Restricted Funds Federal MR Child Day Care MR Other Federal - DMHMRSAS MR Other Federal - CSB Total Federal Restricted MR Funds State MR Facility Reinvestment (Fiscal Agent) MR Transfer In/(Out) Facility Reinvestment MR Net Facility Reinvestment Total State Restricted MR Funds Other Funds MR Workshop Sales MR Other Funds MR State Retained Earnings MR Other Retained Earnings Total Other MR Funds State Funds MR State General Funds MR OBRA MR Family Support MR Children's Family Support Total State MR Funds Local Matching Funds MR In -Kind MR Contributions MR Local Other MR Local Government Total Local MR Funds Total ALL MR Revenue Reven ue 6,753,550 1,807,528 257,483 8,818,561 0 8,818,561 0 0 0 0 0 0 0 0 0 224,656 0 0 224,656 859,720 51,422 60,553 35,200 1,006,895 0 0 0 111,877 111,877 10,161,989 Report Date 7/12/2005 AF-5 FY 2006 Performance Contract SA Financial Summary Virginia Beach Revenue Revenue Sources Fees SA Medicaid Fees 188,640 SA Fees: Other 206,022 Total SA Fees 394,662 SA Transfer Fees (To)/From 0 SA Net Fees 394,662 Restricted Funds Federal SA FBG Alcohol/Drug Trmt 909,696 SA FBG Women 167,279 SA FBG Prevention -Women 20,000 SA FBG SARPOS 65,231 SA FBG HIW/AIDS 182,510 SA FBG Facility Diversion 20,617 SA FBG Jail Services 165,147 SA FBG Crisis Intervention 0 SA FBG Prevention 301,308 SA FBG Co -Occurring 35,855 SA FBG Turning Point (Fiscal Agent) 0 SA FBG Transfer In(Out) Turning Point 0 SA FBG Net Turning Point 0 SA FBG Prev-Strengthening families 95,652 SA Other Federal - DMHMRSAS 0 SA Other Federal - CSB 0 SA Fed TANF/LINK 0 SA Fed State Incentive Grant 0 SA Fed COSIG 0 Total Federal Restricted SA Funds 1,963,295 State SA Facility Reinvestment (Fiscal Agent) 0 SA Transfer In/(Out) Facility Reinvestment 0 SA Net Facility Reinvestment 0 SA Facility Diversion 90,822 SA Women 0 SA Crisis Stabilization 0 Total State Restricted SA Funds 90,822 Report Date 7/12/2005 AF-6 FY 2006 Performance Contract SA Financial Summary Virginia Beach Revenue Sources Revenue Other Funds SA Other Funds 234,600 SA Federal Retained Earnings 0 SA State Retained Earnings 0 SA Other Retained Earnings 0 Total Other SA Funds 234,600 State Funds SA State General Funds 1,230,385 SA Region V Residential 131,215 SA Postpartum -Women 0 SA Jail Services/Juv Detention 27,216 Total State SA Funds 1,388,816 Local Matching Funds SA In -Kind 0 SA Contributions 0 SA Local Other 0 SA Local Government 164,404 Total Local SA Funds 164,404 Total ALL SA Revenue 4,236,599 Report Date 7/12/2005 AF-7 LOCAL GOVERNMENT TAX APPROPRIATIONS FY2006 Virginia Beach City/County Tax Appropriation Virginia Beach City 616,990 Total Local Government Tax Funds: 616,990 Report Date 711212005 AF-8 FY2006 CSB 100 Mental Health Utilization Data Quarter: C Virginia Beach Report for Form 11 Service Total Units Contract Units Per Consumers Core Services / Enrollment Codes Capacity Units Capacity Served Expenses ' 100 Emergency Services 12.9 FTEs 26832 12579 975 1324 $979,388 310 Outpatient Services 14.8 FTEs 30784 23870 1,613 1554 $2,042,997 320 Case Management Services 25.4 FTEs 52832 33406 1,315 1455 $1,528,397 410 Day Treatment/Partial Hospitalization 33 Slots 53856 25251 765 40 $396,367 425 Rehabilitation/Habiitation 106 Slots 220480 186842 1,763 327 $1,317,102 1460 Individual Supported Employment 1 FTEs 2080 1478 1,478 33 $96,589 501 Highly Intensive Residential Services 1 Beds 365 365 365 50 $173.109 1551 Supervised Residential Services 70 Beds 25550 24455 349 84 $1,296,912 581 Supportive Residential Services 2.5 FTEs 5200 3694 1,478 183 $252,203 910 Discharge Assistance Project (DAP) 8 915 Non-CSA Mandated MH C&A Services 130 Total Expenses as,ues,ue. Report Date 7/12/2005 AP-1 FY2006 CSB 200 Mental Retardation Utilization Data Quarter: C Virginia Beach Report for Form 21 Service Total Units Contract Units Per Consumers Core Services / Enrollment Codes Capacity Units Capacity Served Expenses 1320 Case Management Services 18.75 FTEs 39000 27300 1,456 625 -71 $1,524,239 1425 Rehabilitation/Habiitation 138 Slots 135240 108841 789 138 $2,394,845 465 Group Supported Employment 28 Slots 6860 4200 150 28 $399,695 460 Individual Supported Employment 1.5 FTEs 3120 2184 1,456 6 $104,969 1501 Highly Intensive Residential Services 13 Beds 4745 4674 360 13 $1,840,156 551 Supervised Residential Services 29 Beds 10585 10267 354 29 $2,186,797 1581 Supportive Residential Services 14.75 FTEs 30680 21476 1,456 31 $1,477,989 1620 Early Intervention Services 2.5 FTEs 5200 3640 1,456 484 $224,656 P90 Consumer Monitoring Services 0.25 FTEs 520 364 1,456 80 $8,643 920 Medicaid Mental Retardation HCB Waiver Services 380 total Expenses a I V, 10 I,vo7 Report Date 7/12/2005 AP-2 FY2006 CSB 300 Substance Abuse Utilization Data Quarter: C Virginia Beach Report for Form 31 Service Total Units Contract Units Per Consumers Core Services / Enrollment Codes Capacity Units Capacity Served Expenses 310 Outpatient Services 4.2 FTEs 8736 6266 1,492 413 $520,048 320 Case Management Services 3.8 FTEs 7904 5615 1,478 200 $384,759 410 Day Treatment/Partial Hospitalization 13 Slots 16120 12152 935 121 $375,589 J 521 Intensive Residential Services 15 Beds 5475 4093 273 115 $196,446 581 Supportive Residential Services 5.43 FTEs 11294.4 8024 1,478 85 $359,551 ,610 Prevention Services 20.98 FTEs 43638.4 31298 1,492 $1,666,670 710 Substance Abuse Social Detoxification Services 9 Beds 3285 3183 354 562 $733,536 930 SA State MH Facility Admission Diversion Project 52 Total Expenses $4,236,599 Report Date 7/12/2005 AP-3 FY 2006 CSB Performance Contract Supplement Table 1: Board of Directors Membership Characteristics Name of CSB: Virginia Beach Total Appointments: 1, 151 Vacancies: �_� Filled Appointments: 15 Number of Consumers: Number of Family Members: 14 Age of Board Members Age 18 - 35: 0 Age 36 - 64: 12 Age 65+: 3 Total: 15 Gender of Board Members Female: 8 Male: 7 Total: 15 Race and Ethnicitv of Board Members African -American: Asian/Pacific Islander: Caucasian: 12 Other: Total: 15 Hispanic Origin: Board Member Occupations Businessmen/Businesswomen: Elected Gov't Officials: Educators: ® Appointed Gov't Officials: Human Service Professionals: L_ I Clergy: 0 Homemakers: Clerical/Blue Collar Workers: Medical Professionals: Retired Individuals: Lawyers: Non -Gov. Serv. Providers: Sheriffs: No Response: Total: 20 Elected and appointed government officials might also be identified in other occupational categories; duplication is acceptable in this table and it is important to identify all of the government officials serving as Board members. Report Date 711212005 AP-4 03 0 fi a +.a w ■r U � � C O a A MM� 0 W) PC '� • rUir H � A o .s E � E W 0 N 00 V1 �o ^� I:t 0\ M t- N M O N N O \O [- t- Wn O'IT l0 O 00 d' M ^+ � M l- M � r- O N a,N O w N O N i O O � .�-� �D O i C� M i M �o \O Wn [� N ^� CN ^+ M �O O* ^' '"" 1�0 v1 vi W) vl W) W) vi %n tn kn VI) vl)� W) kn�W kNT nM vi kn N T .a l� M W) N kn W) 'T Vl 7 M M N ¢ M N a) N "t N N n ¢ N > N > � > kn ¢ 'O H >¢ e ¢> y M> O y S N U M 3 N y ¢ as N 00 > as > c to Cc Q W o o cz U¢ OOZ Q O p cn Q Z "d C v Gy. W U y w C N CJ N N' ca x O a¢ L1 = 3 v) �, H 00 U H 0 O N-- N w O kn vz T � N 00C� - kn 0 z 03 NQ CZ oa O �+ cC N O O M Y O CL Q Fiscal Year 2006 CSB Performance Contract Supplement Table 2: Fiscal Year 2006 Board Management Salary Costs Explanations for Table 2a Table 2b: Community Service Board Employees 1. 2. 3. 4. 5. 6. No. of FTE CSB Employees MH MR SA ADMIN TOTAL Consumer Service FTEs 0.00 0.00 0.00 0.00 Support Staff FTEs 0.00 0.00 0.00 0.00 0.00 TOTAL FTE CSB Employees 0.00 0.00 0.00 0.00 0.00 Report Date 711212005 AP-7 Mary Anne Almaguer Dolores Bartel 713 Oxford Drive 7510 Ocean Front Avenue VA Beach,VA 234525837 VA Beach,VA 23451 William R. Brown William J. Brunke IV 3200 Perry Court 1428 Ashburnham Arch Va Beach,VA 23456 VA Beach,VA 23456 Michael L. Clark Debra A. Dear-Rutecki 500 Winston Salem Avenue 4325 Delray Drive VA Beach,VA 23451 Virginia Beach„VA 23455 T.Roy, III Jarrett Raymond H. Kirby 537 N. Great Neck Road 925 Queen Elizabeth Drive VA Beach„VA 23454 VA Beach„VA 234544545 Rev. Irvin W.,Sr Knight Martha S. McClees 5224 W. Randolph Court 1828 Staple Inn Drive Virginia Beach„VA 23464 Virginia Beach„VA 23456 Donna S. Morris Mary Jane (M.J_) Nero 208 87th Street 3434 Litchfield Road Virginia Beach,VA 23451 Virginia Beach,VA 23452 Madelyn H. Reass Stanley Sawyer, D.Min 2008 Centell Road All Sanits Episcopal Church, 1968 VaBeach„VA 23451 Woodside Ln Helen P. Shropshire 5908 Tajo Avenue VA Beach,VA 23455 p'4''' l;�•; -'r a City of Virginia Beach ii r u yam" F OUz NA����r� DEPARTMENT OF HUMAN SERVICES ADMINISTRATIVE DIVISION (757)437-6100 FAX (757) 490-5736 TDD (757) 437-6150 DATE: June 3, 2005 TO: Citizens of Virginia Beach 297 INDEPENDENCE BOULEVARD PEMBROKE SIX, SUITE 208 VIRGINIA BEACH, VA 23462-2891 FROM: William R. Brown, CPA, Virginia Beach Community Services Board Chair SUBJECT: FY 2006 Community Services Performance Contract This summary of the proposed SFY 2006 (July 1, 2005 - June 30, 2006) Community Services Performance Contract that makes State/Federal funds available for locally provided public mental health, mental retardation, and substance abuse services is provided for your review and comment. The funding identified includes State General Funds, State Restricted Funds, Federal Funds, required City Match Funds, Medicaid and other Fee Revenues. Units of service and estimated numbers of consumers to be served are based solely on funds made available through Medicaid, state and federal sources; services supported by local funding are not part of the State Performance Contract and therefore are not reflected in the data. The attached table is a summary of the core services and covered MR Waiver services, units of service, and funding levels projected to be paid for by funds provided and reported through the Performance Contract. FY 2006 Community Services Performance Contract Table of Contents 1. Contract Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Relationship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 3. Contract Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4. Scope of Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 a. Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 b. Expenses for Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 c. Continuity of Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 d. Populations Served . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5. Resources . . . . . . . . . . . . . . . . .4 a. Allocations of State General and Federal Funds . . . . . . . . . . . . . . . . . . . . . . 4 b. Conditions of the Use of Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6. Board Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 a. State Hospital Bed Utilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 b. Quality of Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 c. Reporting Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 d. Discharge Assistance Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 e. Individualized Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 f. Compliance Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 g. Regional Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 7. Department Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 a. Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 b. State Facility Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 c. Quality of Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 d. Reporting Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 e. Discharge Assistance Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 f. Individualized Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 g. Compliance Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 h. Communication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 i. Regional Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 8. Subcontracting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 9. Terms and Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..12 a. Availability of Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 b. Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 c. Disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 d. Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 e. Remediation Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 f. Dispute Resolution Process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 g. Contract Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 h. Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 i. Severability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 10. Areas for Future Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 11. Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Exhibits Exhibit A: Resources and Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 Exhibit B: Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 Exhibit C: Statewide Consumer Outcome and Board Performance Measures. . . . . . . . . . .28 Exhibit D: Individual Board Performance Measures. . . . . 29 Exhibit E: Performance Contract Process and Contract Revision Instructions. . . . . . . . . . .30 Exhibit F: Federal Compliances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Exhibit G: Local Government Approval of the Contract . . . . . . . . . . . . . . . . . . . . . . .37 Exhibit H: Board Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 Exhibit I: Administrative Performance Standards . . . . . . . . . . . . . . . . . . . . . . . . . .42 Exhibit J: Regional Program Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 1. 05-05-2005 FY 2006 Community Services Performance Contract 1. Contract Purpose a. Title 37.1 of the Code of Virginia establishes the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services (the Department) to ensure delivery of publicly funded services and supports to individuals with mental illnesses, mental retardation, or substance use disorders and authorizes the Department to fund community mental health, mental retardation, and substance abuse services. b. Sections 37.1-194 through 202.1 of the Code of Virginia require cities and counties to establish community services boards for the purpose of providing local public mental health, mental retardation, and substance abuse services; and §§ 37.1-242 through 253 authorize certain cities or counties to establish behavioral health authorities that plan and provide those same local public services. In this contract, the community services board, local government department with a policy -advisory community services board, or behavioral health authority named on page 15 of this contract will be referred to as the Board. c. Section 37.1-197.1 of the Code of Virginia states that, in order to provide comprehensive mental health, mental retardation, and substance abuse services within a continuum of care, the Board shall function as the single point of entry into the publicly funded mental health, mental retardation, and substance abuse services system. The Board fulfills this function for any person who is located in the Board's service area and needs mental health, mental retardation, or substance abuse services. d. Sections 37.1-198 and 248.1 of the Code of Virginia establish this contract as the primary accountability and funding mechanism between the Department and the Board. e. The Board is applying for the assistance provided under Chapter 10 or 15 of Title 37.1 of the Code of Virginia by submitting this performance contract to the Department in accordance with § 37.1-198 or 248.1 of the Code of Virginia. f. This contract establishes requirements and responsibilities for the Board and the Department that are not established through other means, such as statute or regulation. The General Requirements Document, which, by agreement of the parties, is hereby incorporated into and made a part of this contract by reference, includes or incorporates by reference ongoing statutory, regulatory, policy, and other requirements that are not expected to change frequently and accordingly are not included in this contract. g. The Department and the Board enter into this performance contract for the purpose of funding services provided directly or contractually by the Board in a manner that ensures accountability to the Department and quality of care for consumers, and the Board and the Department agree as follows. 2. Relationship: The Department functions as the state authority for the public mental health, mental retardation, and substance abuse services system, and the Board functions as the local authority for that system. The relationship between and the roles and responsibilities of the Department and the Board are described more specifically in the current Partnership Agreement between the parties, which, by agreement of the parties, is hereby incorporated into and made a part of this contract by reference. This contract shall not be construed to establish any employer -employee or principal -agent relationship between employees of the Board or its board of directors and the Department. 3. Contract Term: This contract shall be in effect for a term of one year, commencing on July 1, 2005 and ending on June 30, 2006. 2. 05-05-2005 FY 2006 Community Services Performance Contract 4. Scope of Services a. Services: Exhibit A of this contract includes al I mental health, mental retardation, and substance abuse services, supported by the resources described in section 5 of this contract, that are provided or contracted by the Board. Services and certain terms used in this contract are defined in the current Core Services Taxonomy, which, by agreement of the parties, is hereby incorporated into and made a part of this contract by reference. b. Expenses for Services: The Board shall provide to the extent practicable those services that are funded within the revenues and expenses set forth in Exhibit A and documented in the Board's financial management system. The Board shall distribute its administrative and management expenses across some or all of the three program areas on a basis that is in accordance with Uniform Cost Report principles, is auditable, and satisfies Generally Accepted Accounting Principles. c. Continuity of Care: In order to partially fulfill its responsibility in § 37.1-197.1 of the Code of Virginia to function as the single point of entry into the publicly funded services system in its service area, the Board shall follow the Continuity of Care Procedures that are included in the current General Requirements Document. 1.) Coordination of Mental Retardation Waiver Services: The Board shall provide case management services to consumers who are receiving services under the Medicaid Mental Retardation Home and Community -Based Waiver (MR Waiver). In this capacity and in order to receive payment for services from the Department of Medical Assistance Services (DMAS), the Board shall develop individualized services plans (ISPs) and submit them to the Department for preauthorization, pursuant to section 3.2.7 of the DMAS/DMHMRSAS Interagency Agreement (10-17-2000), under which the Department preauthorizes ISPs as a delegated function from the DMAS. As part of its specific case management responsibilities for individuals receiving MR Waiver services, the Board shall coordinate and monitor the delivery of all services to its consumers, including monitoring the receipt of services in a consumer's ISP that are provided by independent vendors, who are reimbursed directly by the DMAS, to the extent that the Board is not prohibited from doing so by such vendors (reference the DMAS Mental Retardation Community Services Manual, Chapters 11 and IV). The Board may raise issues regarding its efforts to coordinate and monitor services provided by independent vendors to the applicable funding or licensing authority, for example the Department, the DMAS, and the Virginia Department of Social Services. In fulfilling this service coordination responsibility, the Board shall not restrict or seek to influence the consumer's choice among qualified service providers. This prohibition is not intended to restrict the ability of Board case managers to make recommendations, based on their professional judgment, to consumers regarding those available service options that best meet the terms of the consumers' ISPs and allow for the most effective coordination of services. This section does not, nor shall it be construed to, make the Board legally liable for the actions of independent vendors of MR Waiver services who are reimbursed directly by the DMAS. 2.) Linkages with Primary Care: When it arranges for the care and treatment of its consumers in hospitals, the Board shall assure its staffs cooperation with such hospitals, especially emergency rooms and emergency room physicians, in order to promote continuity of care for those consumers. 3.) Coordination with Local Psychiatric Hospitals: In the case of voluntary admissions, the Board, with the consumer's consent, shall coordinate an enrolled consumer's admission to and discharge from local psychiatric units and hospitals to assure appropriate use of these services in the least restrictive setting and to prevent inappropriate use of those hospitals. 3. 05-05-2005 FY 2006 Community Services Performance Contract 4.) Access to Services: The Board shall not require a consumer to receive case management services in order to receive other services that it provides, directly or contractually, unless it is permitted to do so by applicable regulations and the person is an adult with a serious mental illness, a child with or at risk of serious emotional disturbance, or an individual with mental retardation, substance dependence, or substance abuse, the person is receiving more than one other service from the Board, or a licensed clinician employed or contracted by the Board determines that such case management services are clinically necessary for the consumer. 5.) PACT Criteria: If the Board receives state general or federal funds for a Program of Assertive Community Treatment (PACT), it shall satisfy the following criteria: a.) Meet PACT state hospital bed use targets. b.) Prioritize providing services to consumers with serious mental illnesses who are frequent recipients of inpatient services or are homeless. c.) Achieve and maintain a caseload of 80 consumers after two years from the date of initial funding by the Department. d.) Participate in technical assistance provided by the Department. If the Board receives state general or federal funds for a new PACT during the term of this contract or in the fiscal year immediately preceding that term, it also shall satisfy the following conditions: a.) Procure individual team training and technical assistance quarterly. b.) Meet bimonthly with other PACT programs (the network of CSB PACTs). d. Populations Served: The Board shall provide needed services to adults with serious mental illnesses, children with or at risk of serious emotional disturbance, and individuals with mental retardation, substance dependence, or substance abuse to the greatest extent possible within the resources available to it for this purpose. In accordance with § 37.1-198 of the Code of Virginia, the Board shall report the unduplicated numbers of consumers with serious mental illnesses, serious emotional disturbance, at risk of serious emotional disturbance, mental retardation, substance dependence, or substance abuse that it serves during the term of this contract. These populations are defined in the current Core Services Taxonomy. 5. Resources: Exhibit A of this contract includes the following resources: state general funds and federal funds appropriated by the General Assembly and allocated by the Department to the Board; balances of unexpended or unencumbered state general and federal funds retained by the Board and used in this contract to support services; local matching funds required by § 37.1-199 of the Code of Virginia to receive allocations of state general funds; Medicaid Targeted Case Management, State Plan Option, and Mental Retardation Home and Community -Based Waiver fees and any other fees, as required by § 37.1-197 of the Code of Virginia; and any other revenues associated with or generated by the services shown in Exhibit A. The Board may choose to include only the minimum 10 percent local matching funds in the contract, rather than all local matching funds. a. Allocations of State General and Federal Funds: The Department shall inform the Board of its allocations of state general and federal funds in a letter of notification. The Department may adjust allocation amounts during the term of this contract. The Commissioner or his designee shall communicate all adjustments to the Board in writing. Allocations of state general and federal funds shall be based on state and federal statutory and regulatory requirements, provisions of the current Appropriation Act, State Board policies, and previous allocation amounts. Allocations shall not be based on numbers of adults with serious mental illnesses, children with or at risk of serious emotional disturbance, or individuals with mental retardation, substance dependence, or substance abuse who receive services from the Board. 4. 05-05-2005 FY 2006 Community Services Performance Contract b. Conditions on the Use of Resources: The Department can attach service requirements or specific conditions that it establishes for the use of funds, separate from those established by other authorities, for example, applicable statutory or regulatory requirements such as licensing or human rights regulations or federal anti -discrimination requirements, only to the state general and federal funds that it allocates to the Board and to the 10 percent local matching funds that are required to obtain the Board's state general fund allocations. 6. Board Responsibilities a. State Hospital Bed Utilization: The Board shall identify or develop jointly with the Department mechanisms, such as the Discharge Protocols, Extraordinary Barriers to Discharge lists, and reinvestment and restructuring projects and activities, and employ these mechanisms collaboratively with state hospitals that serve it to manage the utilization of state hospital beds. Utilization will be measured by bed days received by consumers for whom the Board is the case management board. b. Quality of Care 1.) Clinical Consultation: The Board may request the Department to provide professional consultations for clinically complex or difficult or medically complicated cases within the resources available for this purpose in the Department or its facilities and as permitted under 45 CFR § 164.506 (c) (1), when consumers or their legally authorized representatives have requested second opinions and with valid authorizations that comply with the Human Rights Regulations and the HIPAA Privacy Rule, if the Board is not able to provide those second opinions within its resources. 2.) Quality Improvement and Risk Management: The Board shall, to the extent practicable, develop and implement quality improvement processes that utilize consumer outcome measures, provider performance measures, and other data or participate in its local government's quality improvement processes to improve services, ensure that services are provided in accordance with current acceptable professional practice, and enable the ongoing review of all major areas of the Board's responsibilities under this contract. The Board shall, to the extent practicable, develop, implement, and maintain, itself or in affiliation with other Boards, a quality improvement plan incorporating provider performance measures, consumer outcome measures, and human rights information. The Board shall, to the extent practicable, develop, implement, and maintain, itself or in affiliation with other Boards, a risk management plan or the Board shall participate in a local government's risk management plan. The Board shall work with the Department through the System Leadership Council to identify how the Board will address quality improvement activities. 3.) Consumer Outcome and Provider Performance Measures a.) Measures: Pursuant to § 37.1-198 of the Code of Virginia, the Board shall report the consumer outcome, provider performance, consumer satisfaction, and consumer and family member participation and involvement measures in Exhibit C of this contract to the Department. These reporting requirements are contingent on the Department supplying any necessary specifications and software to the Board in time for the Board to make needed changes in its information systems. b.) Individual Board Performance Measures: The Department may negotiate specific, time -limited measures with the Board to address identified performance concerns or issues. When negotiated, such measures will be included as Exhibit D of this contract. 5. 05-05-2005 FY 2006 Community Services Performance Contract c.) Consumer Satisfaction Survey: Pursuant to § 37.1-198 of the Code of Virginia, the Board shall participate in an assessment of consumer satisfaction in accordance with Exhibit C of this contract. d.) Substance Abuse Youth Surveys: The Board shall work closely with community - based prevention planning groups, schools, and local governments to support and enable the administration of the Virginia Community Youth Survey and the Virginia Youth Tobacco Survey, which are mandated by federal funding sources and are necessary for continuation of federal block grant funding. 4.) Program and Service Reviews: The Department reserves the right to conduct or contract for reviews of programs or services provided or contracted by the Board under this contract to examine their quality or performance at any time as part of its monitoring and review responsibilities or in response to concerns or issues that come to its attention, as permitted under 45 CFR § 164.512 (a), (d), and (k) (6) (ii) and as part of its health oversight functions under § 32.1-127.1:03 (D) (6), § 37.1-198, and § 37.1-199 of the Code of Virginia or with a valid authorization by the consumer or his legally authorized representative that complies with the Human Rights Regulations and the HIPAA Privacy Rule. c. Reporting Requirements 1.) Board Responsibilities: For purposes of reporting to the Department, the Board shall: a.) provide monthly, semi-annual, and annual Community Consumer Submission 2 (CCS 2) extracts that will report individual consumer characteristic and service data to the Department, as required by § 37.1-198.D of the Code of Virginia, the federal Substance Abuse and Mental Health Services Administration, and Part C of Title XIX of the Public Health Services Act — Block Grants, § 1943 (a) (3) and § 1971 and § 1949, as amended by Public Law 106-310, and as permitted under 45 CFR §§ 164.506 (c) (1) and (3) and 164.512 (a) (1) and (d) and under §32.1-127.1:03.D (6) of the Code of Virginia and as defined in the CCS 2 Data Element Definitions, which, by agreement of the parties, is hereby incorporated into and made a part of this contract by reference; b.) follow the current Core Services Taxonomy and the CCS 2 when responding to reporting requirements established by the Department; c.) complete the National Survey of Substance Abuse Treatment Services (N-SSATS), formerly the Uniform Facility Data Set (UFDS), annually that is used to compile and update the National Directory of Drug and Alcohol Abuse Treatment Programs and the on-line Substance Abuse Treatment Facility Locator; d.) report required Inventory of Mental Health Organizations data in accordance with federal requirements; e.) report Performance -Based Prevention System information on prevention services provided by the Board that are funded by the Substance Abuse Prevention and Treatment Performance Partnership Block Grant; and f.) supply information to the Department's Forensics Information Management System for consumers adjudicated not guilty by reason of insanity (NGRI), as required under § 37.1-198.D of the Code of Virginia and as permitted under 45 CFR §§ 164.506 (c) (1) and (3), 164.512 (d), and 164.512 (k) (6) (ii). 2.) Routine Reporting Requirements: The Board shall account for all services, revenues, and expenses accurately and submit reports to the Department in a timely manner using CARS -ACCESS, CCS 2, or other software provided by the Department. All reports shall be provided in the form and format prescribed by the Department. The Board shall provide the following information and meet the following reporting requirements: 6. 05-05-2005 FY 2006 Community Services Performance Contract a.) the types, amounts, and static capacities of services provided; expenses for services provided; and numbers of consumers served by core service and revenues received by source and amount by program area through the CCS 2 and CARS -ACCESS (semi-annually); b.) demographic characteristics of individual consumers in each program area through the CCS 2; c.) numbers of adults with serious mental illnesses, children with serious emotional disturbance, children at risk of serious ernotional disturbance, and individuals with mental retardation, substance dependence, or substance abuse through the CCS 2; d.) consumer outcome and provider performance measures specified in Exhibit C; e.) community waiting list information for the Comprehensive State Plan that is required by § 37.1-48.1 of the Code of Virginia, as permitted under § 32.1-127.1:03 (D) (6) of the Code of Virginia and 45 CFR § 164.512 (d) and (k) (6) (ii) (when required); f.) State Facility Discharge Waiting List Data Base reports using ACCESS software supplied by the Department; g.) Federal Balance Report (October 31); h.) Total numbers of consumers served and expenses for the Discharge Assistance Project, MH Non-CSA Mandated Children and Youth Services, and MR Waiver Services through the CCS 2 and CARS -ACCESS (semi-annually); i.) PATH reports (semi-annually); and j.) Uniform Cost Report information through CARS -ACCESS (annually). 3.) Subsequent Reporting Requirements: The Board shall work with the Department to ensure that current data and reporting requirements are consistent with each other and the current Core Services Taxonomy, the CCS 2, and the Treatment Episode Data Set (TEDS) and other federal reporting requirements. The Board also shall work with the Department in planning and developing any additional reporting or documentation requirements beyond those identified in this contract to ensure that such requirements are consistent with the current Core Services Taxonomy, the CCS 2, and TEDS and other federal reporting requirements. d. Discharge Assistance Project (DAP) 1.) Board Responsibilities: If it participates in any DAP funded by the Department, the Board shall manage, account for, and report DAP funds allocated to it as a restricted fund. The Board shall be responsible for ensuring the effective utilization of those funds, without submitting individualized services plans (ISPs) to the Department for approval or preauthorization. The Board shall submit all DAP ISPs to the Department for information purposes and shall inform the Department whenever a consumer is admitted to or discharged from a DAP -funded placement. 2.) Department Review: The Board agrees to participate in any utilization review or utilization management activities conducted by the Department involving services provided under the DAP. Protected health information may be disclosed as permitted under 45 CFR §§ 164.506 (c) (1), (3), and (4) and 164.512 (k) (6) (ii). 3.) Procedures: The Board shall adhere to the DAP Procedures in the General Requirements Document if it participates in any DAP funded by the Department. If the Board's participation in the DAP causes it to be out of compliance with the 10 percent local matching funds requirement in § 37.1-199 of the Code of Virginia, the Department shall grant an automatic waiver of that requirement, related to the DAP funds, as authorized by that Code section and State Board Policy 4010. 7. 05-05-2005 FY 2006 Community Services Performance Contract e. Individualized Services 1.) Board Responsibilities: If it participates in any individualized services, except the DAP, funded by the Department (e.g., the MH Non CSA-Mandated Child and Adolescent Services), the Board shall manage, account for, and report such individualized services funds allocated to it as a restricted fund. The Board shall be responsible for ensuring the effective utilization of those funds, without submitting individualized services plans to the Department for preauthorization or approval_ 2.) Department Review: The Board agrees to participate in any utilization review or utilization management activities conducted by the Department involving services provided as individualized services. Protected health information may be disclosed as permitted under 45 CFR §§ 164.506 (c) (1) and (3) and 164.512 (k) (6) (ii). 3.) Procedures: The Board shall develop and maintain individualized services plans (ISPs), which shall be subject to review by the Department, for such individualized services; but the Board shall not be required to submit these ISPs to the Department for information purposes or for prior review or approval. The Board shall not be required to submit any reports for such individualized services outside of the semi-annual reporting required in section 6.c of this contract. f. Compliance Requirements: The Board shall comply with all applicable federal, state, and local laws and regulations, including those contained or referenced in the General Requirements Document and in Exhibit F of this contract, as they affect the operation of this contract. Any substantive change in the General Requirements Document, except changes in statutory, regulatory, policy, or other requirements or in other documents incorporated by reference in it, which changes are made in accordance with processes or procedures associated with those statutes, regulations, policies, or other requirements or documents, shall constitute an amendment of this contract, made in accordance with applicable provisions of the Partnership Agreement, that requires a new contract signature page, signed by both parties. If any laws or regulations that become effective after the execution date of this contract substantially change the nature and conditions of this contract, they shall be binding upon the parties, but the parties retain the right to exercise any remedies available to them by law or other provisions of this contract. The Board shall comply with the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder by their compliance dates, except where the HIPAA requirements and applicable state law or regulations are contrary, and state statutes or regulations are more stringent, as defined in 45 CFR § 160.202, than the related HIPAA requirements. The Board shall follow the procedures and satisfy the requirements in the Performance Contract Process and the Administrative Performance Standards, contained in Exhibits E and I respectively of this contract. The Board shall document its compliance with §§ 37.1-195, -197, and -198 of the Code of Virginia in Exhibits G and H of this contract. If the Board's receipt of state facility reinvestment project state funds causes it to be out of compliance with the 10 percent local matching funds requirement in § 37.1-199 of the Code of Virginia, the Department shall grant an automatic waiver of that requirement, related to the state facility reinvestment project funds, as authorized by that Code section and State Board Policy 4010. g. Regional Programs: The Board shall manage or participate in the management of and account for and report on regional programs in accordance with the Regional Program Procedures in Exhibit J of this contract. If the Board's participation in a regional program, as defined in the Procedures, causes it to be out of compliance with the 10 percent local matching funds requirement in § 37.1-199 of the Code of Virginia, the Department shall grant an automatic waiver of that requirement, related to the funds for that regional program, as authorized by that Code section and State Board Policy 4010. The Board agrees to participate in any utilization review or utilization management activities conducted 8. 05-05-2005 FY 2006 Community Services Performance Contract by the Department involving services provided through a regional program. Protected health information may be disclosed as permitted under 45 CFR §§ 164.506 (c) (1) and (3) and 164.512 (k) (6) (ii). 7. Department Responsibilities a. Funding: The Department shall disburse the state general funds displayed in Exhibit A, subject to the Board's compliance with the provisions of this contract, prospectively on a semi-monthly basis to the Board. Payments may be revised to reflect funding adjustments. The Department shall disburse federal grant funds that it receives to the Board in accordance with the requirements of the applicable federal grant and, wherever possible, prospectively on a semi-monthly basis. The Department shall make these payments in accordance with Exhibit E of this contract. b. State Facility Services 1.) The Department shall make state facility inpatient services available, if appropriate, through its state hospitals and training centers, when individuals located in the Board's service area are in need of such services. 2.) The Department shall track, monitor, and report on the Board's utilization of state hospital beds and provide data to the Board about consumers from its service area who are served in state hospitals as permitted under 45 CFR §§ 164.506 (c) (1), (2), and (4) and 164.512 (k) (6) (ii). The Department shall post state hospital bed utilization by the Board for all types of beds (adult, geriatric, child and adolescent, and forensic) on its Internet web site for information purposes. 3.) The Department shall manage its state hospitals and training centers to support service linkages with the Board, including adherence to the applicable provisions of the Continuity of Care Procedures and the Discharge Planning Protocols. The Department shall assure that its state hospitals and training centers use teleconferencing technology to the extent practicable and whenever possible to facilitate the Board's participation in treatment planning activities and the Board's fulfillment of its discharge planning responsibilities for its consumers in state facilities. 4.) The Department shall involve the Board, as applicable and to the greatest extent possible, in collaborative planning activities regarding the future role and structure of state hospitals and training centers. c. Quality of Care 1.) The Department with participation from the Board shall identify consumer outcome, provider performance, consumer satisfaction, and consumer and family member participation and involvement measures for inclusion in this contract, pursuant to § 37.1- 198 of the Code of Virginia, and shall collect information about these measures. 2.) The Department may provide professional consultations to the Board upon request for clinically complex or difficult or medically complicated cases within the resources available for this purpose in the Department or its facilities and as permitted under 45 CFR § 164.506 (c) (1), when consumers or their legally authorized representatives have requested second opinions and with valid authorizations that comply with the Human Rights Regulations and the HIPAA Privacy Rule, if the Board is not able to provide those second opinions within its resources. d. Reporting Requirements 1.) The Department shall work with representatives of Boards, including the Virginia Association of Community Services Boards' Data Management Committee (VACSB DMC), to ensure that current data and reporting requirements are consistent with each 9. 05-05-2005 FY 2006 Community Services Performance Contract other and with the current Core Services Taxonomy, the Community Consumer Submission 2 (CCS 2), and TEDS and other federal reporting requirements. The Department also shall work with representatives of Boards, including the VACSB DMC, in planning and developing any additional reporting or documentation requirements beyond those identified in this contract to ensure that such requirements are consistent with the current Core Services Taxonomy, the CCS 2, and TEDS and other federal reporting requirements. 2.) The Department shall collaborate with representatives of the Boards, including the VACSB DMC, in the implementation and modification of the Community Consumer Submission 2 (CCS 2), which reports individual consumer characteristic and service data that is required under § 37.1-198.D of the Code of Virginia, the federal Substance Abuse and Mental Health Services Administration, and Part C of Title XIX of the Public Health Services Act — Block Grants, §1943 (a) (3) and § 1971 and § 1949, as amended by Public Law 106-310, to the Department and is defined in the CCS 2 Data Element Definitions. The Department will receive and use individual consumer characteristic and service data disclosed by the Board through the CCS 2 as permitted under 45 CFR §§ 164.506 (c) (1) and (3) and 164.512 (a) (1) and under § 32.1-127.1:03.D (6) of the Code of Virginia and shall implement procedures to protect the confidentiality of this information pursuant to § 37.1-197.A.16 and B.16 of the Code of Virginia and HIPAA. 3.) The Department shall work with representatives of the Boards, including the VACSB DMC, to reduce the number of data elements required whenever this is possible. 4.) The Department shall ensure that all surveys and requests for data have been reviewed for cost effectiveness and developed through a joint Department and Board process. e. Discharge Assistance Project 1.) Department Responsibilities: If the Board participates in any DAP funded by the Department, the Department shall fund and monitor the DAP as a restricted fund. The Department agrees that the Board shall be responsible for ensuring the effective utilization of those funds, without submitting individualized services plans to the Department for preauthorization or approval. The Department shall maintain a database about DAP consumers, including admissions to and discharges from the DAP. 2.) Department Review: The Department may conduct utilization review or utilization management activities involving services provided by the Board under the DAP. If such activities involve the disclosure of protected health information, the information may be used and disclosed as permitted under 45 CFR §§ 164.506 (c) (1), (3), and (4) and 164.512 (k) (6) (ii). 3.) Procedures: The Department shall adhere to the DAP Procedures in the General Requirements Document. If the Board's participation in the DAP causes it to be out of compliance with the 10 percent local matching funds requirement in § 37.1-199 of the Code of Virginia, the Department shall grant an automatic waiver of that requirement, related to the DAP funds, as authorized by that Code section and State Board Policy 4010. f. Individualized Services 1.) Department Responsibilities: If the Board participates in any individualized services, except DAP, funded by the Department (e.g., the MH Non-CSA Mandated Child and Adolescent Services), the Department shall fund and monitor those services as a restricted fund. The Department agrees that the Board shall be responsible for ensuring the effective utilization of those funds, without submitting individualized services plans to the Department for preauthorization, approval, or information. 10. 05-05-2005 FY 2006 Community Services Performance Contract 2.) Department Review: The Department may conduct utilization review or utilization management activities involving services provided by the Board as individualized services. If such activities involve the disclosure of protected health information, the information may be used and disclosed as permitted under 45 CFR §§ 164.506 (c) (1) and (3) and 164.512 (k) (6) (ii). g. Compliance Requirements: The Department shall comply with all applicable state and federal statutes and regulations, including those contained or referenced in the General Requirements Document and in Exhibit F of this contract, as they affect the operation of this contract. Any substantive change in the General Requirements Document, except changes in statutory, regulatory, policy, or other requirements or in other documents incorporated by reference in it, which changes are made in accordance with processes or procedures associated with those statutes, regulations, policies, or other requirements or documents, shall constitute an amendment of this contract, made in accordance with applicable provisions of the Partnership Agreement, that requires a new contract signature page, signed by both parties. If any laws or regulations that become effective after the execution date of this contract substantially change the nature and conditions of this contract, they shall be binding upon the parties, but the parties retain the right to exercise any remedies available to them by law or other provisions of this contract. The Department and its mental health and mental retardation facilities shall comply with the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder by their compliance dates, except where the HIPAA requirements and applicable state law or regulations are contrary, and state statutes or regulations are more stringent, as defined in 45 CFR § 160.202, than the related HIPAA requirements. If the Board's receipt of state facility reinvestment project funds causes it to be out of compliance with the 10 percent local matching funds requirement in § 37.1-199 of the Code of Virginia, the Department shall grant an automatic waiver of that requirement, related to the state facility reinvestment project funds, as authorized by that Code section and State Board Policy 4010. h. Communication: The Department shall provide technical assistance and written notification regarding changes in funding source requirements, such as regulations, policies, procedures, and interpretations, to the extent that those changes are known to the Department. The Department shall resolve, to the extent practicable, inconsistencies in state agency requirements that affect requirements in this contract. The Department shall respond in a timely manner to written correspondence from the Board that requests information or a response. i. Regional Programs: The Department may conduct utilization review or utilization management activities involving services provided by the Board through a regional program. If such activities involve the disclosure of protected health information, the information may be used and disclosed as permitted under 45 CFR §§ 164.506 (c) (1) and (3) and 164.512 (k) (6) (ii). If the Board's participation in a regional program, as defined in the Regional Program Procedures in Exhibit J of this contract, causes it to be out of compliance with the 10 percent local matching funds requirement in § 37.1-199 of the Code of Virginia, the Department shall grant an automatic waiver of that requirement, related to the funds for that regional program, as authorized by that Code section and State Board Policy 4010. 8. Subcontracting: The Board may subcontract any of the requirements in this contract. The Board shall remain fully and solely responsible and accountable for meeting all of its obligations and duties under this contract, including all services, terms, and conditions, without regard to its subcontracting arrangements. Subcontracting must comply with applicable statutes, regulations, and guidelines, including the Virginia Public Procurement Act. All subcontracted activities shall be formalized in written contracts between the Board and subcontractors. The 11. 05-05-2005 FY 2006 Community Services Performance Contract Board agrees to provide copies of such contracts or other documents to the Department upon request. The Board shall satisfy the subcontracting provisions in the General Requirements Document. 9. Terms and Conditions a. Availability of Funds: The Department and the Board shall be bound by the provisions of this contract only to the extent of the funds available or that may hereafter become available for the purposes of the contract. b. Compliance: The Department may utilize a variety of remedies, including but not limited to requiring a corrective action plan, delaying payments, and terminating the contract, to assure Board compliance with this contract. Specific remedies, described in Exhibit I of this contract, may be taken if the Board fails to satisfy the reporting requirements in this contract. c. Disputes: Resolution of disputes arising from Department contract compliance review and performance management efforts or from actions by the Board related to this contract may be pursued through the dispute resolution process in section 9.f, which may be used to appeal only the following conditions: 1) reduction or withdrawal of state general or federal funds, unless funds for this activity are withdrawn by action of the General Assembly or federal government, or adjustment of allocations or payments pursuant to section 5 of this contract; 2) termination or suspension of the performance contract, unless funding is no longer available; 3) refusal to negotiate or execute a contract modification; 4) disputes arising over interpretation or precedence of terms, conditions, or scope of the performance contract; 5) determination that an expenditure is not allowable under this contract; and 6) determination that the performance contract is void. d. Termination 1) The Department may terminate this contract immediately, in whole or in part, at any time during the contract period if funds for this activity are withdrawn or not appropriated by the General Assembly or are not provided by the federal government. In this situation, the obligations of the Department and the Board under this contract shall cease immediately. The Board and the Department shall make all reasonable efforts to ameliorate any negative consequences or effects of contract termination on consumers. 2) In accordance with § 37.1-198 of the Code of Virginia, the Department may terminate all or a portion of this contract, after unsuccessful use of the remediation process described in section 9.e and after affording the Board an adequate opportunity to use the dispute resolution process described in section 9.f of this contract. A written notice specifying the cause must be delivered to the Board's board chairman and executive director at least 75 days prior to the date of actual termination of the contract. In the event of contract termination under these circumstances, only payment for allowable services rendered by the Board shall be made by the Department. e. Remediation Process: The remediation process mentioned in § 37.1-198 of the Code of Virginia is an informal procedure that shall be used by the Department and the Board to address a particular situation or condition identified by the Department or the Board that may, if unresolved, result in termination of the contract, in accordance with the provisions of section 9.d of this contract. The details of this remediation process shall be developed by 12. 05-05-2005 FY 2006 Community Services Performance Contract the parties and added as an exhibit of this contract. This exhibit shall describe the situation or condition and include the performance measures that shall document a satisfactory resolution of the situation or condition. f. Dispute Resolution Process: Disputes arising from any of the conditions in section 9.c shall be resolved using the following process. 1) Within 15 days of the Board's identification or receipt of a disputable action taken by the Department or of the Department's identification or receipt of a disputable action taken by the Board, the party seeking resolution of the dispute shall submit a written notice to the Department's Director of Community Contracting, stating its desire to use the dispute resolution process. The written notice must describe the condition, nature, and details of the dispute and the relief sought by the party. 2) The Director of Community Contracting shall review the written notice and determine if the dispute falls within the conditions listed in section 9.c. If it does not, the Director of Community Contracting shall notify the party in writing within seven days of receipt of the written notice that the dispute is not subject to this dispute resolution process. The party may appeal this determination to the Commissioner in writing within seven days of its receipt of the Director's written notification. 3) If the dispute falls within the conditions listed in section 9.c, the Director of Community Contracting shall notify the party within seven days of receipt of the written notice that a panel will be appointed within 15 days to conduct an administrative hearing. 4) Within 15 days of notification to the party, a panel of three or five disinterested individuals shall be appointed to hear the dispute. The Board shall appoint one or two members; the Commissioner shall appoint one or two members; and the appointed members shall appoint the third or fifth member. Each panel member will be informed of the nature of the dispute and be required to sign a statement indicating that he has no interest in the dispute. Any person with an interest in the dispute shall be relieved of panel responsibilities and another person shall be selected as a panel member. 5) The Director of Community Contracting will contact the parties by telephone and arrange for a panel hearing at a mutually convenient time, date, and place. The panel hearing shall be scheduled not more than 15 days after the appointment of panel members. Confirmation of the time, date, and place of the hearing will be communicated to all parties at least seven days in advance of the hearing. 6) The panel members shall elect a chairman and the chairman shall convene the panel. The party requesting the panel hearing shall present evidence first, followed by the presentation of the other party. The burden shall be on the party requesting the panel hearing to establish that the disputed decision or action was incorrect and to present the basis in law, regulation, or policy for its assertion. The panel may hear rebuttal evidence after the initial presentations by the Board and the Department. The panel may question either party in order to obtain a clear understanding of the facts. 7) Subject to provisions of the Freedom of Information Act, the panel shall convene in closed session at the end of the hearing and shall issue written recommended findings of fact within seven days of the hearing. The recommended findings of fact shall be submitted to the Commissioner for a final decision. 8) The findings of fact shall be final and conclusive and shall not be set aside by the Commissioner unless they are (1) fraudulent, arbitrary, or capricious; (2) so grossly erroneous as to imply bad faith; (3) in the case of termination of the contract due to failure to perform, the criteria for performance measurement are found to be erroneous, arbitrary, or capricious; or (4) not within the Board's purview. 13. 05-05-2005 FY 2006 Community Services Performance Contract 9) The final decision shall be sent by certified mail to both parties no later than 60 days after receipt of the written notice from the party invoking the dispute resolution process. 10) Multiple appeal notices shall be handled independently and sequentially so that an initial appeal will not be delayed by a second appeal. 11) The Board or the Department may seek judicial review of the final decision as provided in § 2.2-4365 of the Code of Virginia in the Circuit Court for the City of Richmond within 30 days of receipt of the final decision. g. Contract Amendment: This contract, including all exhibits and incorporated documents, constitutes the entire agreement between the Department and the Board. The services identified in the Exhibit A of this contract may be revised in accordance with the performance contract revision instructions, contained in Exhibit E of this contract. Other provisions of this contract may be amended only by mutual agreement of the parties, in writing and signed by the parties hereto. h. Liability: The Board shall defend or compromise, as appropriate, all claims, suits, actions, or proceedings arising from its performance of this contract. The Board shall obtain and maintain sufficient liability insurance to cover claims for bodily injury and property damage and suitable administrative or directors and officers liability insurance. These responsibilities may be discharged by means of a proper and sufficient self-insurance program operated by the state or a city or county government. The Board shall provide a copy of any such policy or program to the Department upon request. This contract is not intended to, and does not, create by implication or otherwise any basis for any claim or cause of action by a person or entity not a party to this contract, arising out of any claimed violation of any provision of this contract, nor does it create any claim or right on behalf of any individual to services or benefits from the Board or the Department. L Severability: Each paragraph and provision of this contract is severable from the entire performance contract, and the remaining provisions shall nevertheless remain in full force and effect if any provision is declared invalid or unenforceable. 10. Areas for Future Resolution: On an ongoing basis, the Board and the Department agree to work together to identify and resolve barriers and policy and procedural issues that interfere with the most effective and efficient delivery of public services. This section identifies issues and topics that the Board and the Department agree to work on collaboratively during the term of this contract in order to resolve them during that period or later, if necessary. Issues and topics may be added at any time by mutual agreement through amendment of this contract. The Board or representatives of the Board and the Department will establish work groups where appropriate to address these issues and topics. The Department and the Board also may address issues and topics through the System Leadership Council, which is described in the Partnership Agreement, and the System Operations Team. a. Evidence -Based or Best Clinical Practices: Identify evidence -based practices or best clinical practices that will improve the quality of mental health, mental retardation, or substance abuse services and address the service needs of individuals with co-occurring disorders and develop strategies for the implementation of these practices to the extent practicable. 14. 05-05-2005 FY 2006 Community Services Performance Contract 11. Signatures: In witness thereof, the Department and the Board have caused this performance contract to be executed by the following duly authorized officials. Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services By: By: Name: James S. Reinhard, M.D. Name: Title: Commissioner Title: Date: Date: By: Name: Title: Date: Board Chairman of the Board Executive Director 15. 05-05-2005 FY 2006 Community Services Performance Contract Exhibit A CSB: Consolidated Budget Revenue Source Mental Health Mental Retardation Substance Abuse TOTAL State Funds State Restricted Funds Local Matching Funds Fee Revenues Federal Funds Other Funds State Retained Earnings Federal Retained Earnings Other Retained Earnings Subtotal: Ongoing Funds State Funds One -Time State Restricted Funds One -Time Federal Funds One -Time Subtotal: One -Time Funds Total: All Funds Expenses Local Match Computation Total State Restricted and State Funds (Less DAP, Net Regional DAP, and Net Reinvestment Funds) Local Matching Funds Total State and Local Funds Local Match Percent (Local/Total State + Local) Fees Transferred To From Net Amount AF-1 Administrative & Management Expenses Total Administrative & Management Expenses Total Expenses Administrative & Management Percent 16. 05-05-2005 FY 2006 Community Services Performance Contract CSB: Exhibit A Financial Comments Comment 1 Comment 2 Comment 3 Comment 4 Comment 5 Comment 6 Comment 7 Comment 8 Comment 9 Comment 10 Comment 11 Comment 12 Comment 13 Comment 14 Comment 15 Comment 16 Comment 17 Comment 18 Comment 19 Comment 20 Comment 21 Comment 22 Comment 23 Comment 24 Comment 25 AF-2 17. 05-05-2005 FY 2006 Community Services Performance Contract CSB: Exhibit A Mental Health Revenue Sources Revenue Fees MH Medicaid Fees MH Fees: Other Total MH Fees MH Transfer Fees (To)/From Net MH Fees Restricted Funds Federal MH FBG SED C&A MH FBG SMI MH FBG PACT MH FBG PATH MH Other Federal — DMHMRSAS MH Other Federal — CSB MH FBG Pharmacy (BRBH) MH Fed COSIG Total Restricted Federal MH Funds State MH Acute Care (Fiscal Agent) MH Transfer In/(Out) Acute Care MH Net Acute Care MH Regional DAP (Fiscal Agent) MH Transfer In/(Out) Regional DAP MH Net Regional DAP MH Facility Reinvestment (Fiscal Agent) MH Transfer In/(Out) Facility Reinvestment MH Net Facility Reinvestment MH Regional DAD/Wintext (Fiscal Agent) MH Transfer in/(Out) DAD/Wintex MH Net Regional DADMintext MH Aftercare (DAD/Wintext - HPR II) MH PACT MH Discharge Assistance Project (DAP) MH Non-CSA Mandated MH Crisis Stabilization MH Pharmacy (BRBH) MH Demonstration Project -Children Total Restricted State MH Funds AF-3 18. 05-05-2005 FY 2006 Community Services Performance Contract CSB: Exhibit A Mental Health Revenue Sources Revenue Other Funds MH Other Funds MH Federal Retained Earnings MH State Retained Earnings MH Other Retained Earnings Total Other MH Funds State Funds MH State General Funds MH State Regional Deaf Services MH State NGRI Funds MH State Children's Services Total State MH Funds Local Matching Funds MH In -Kind MH Contributions MH Local Other MH Local Government Total Local MH Funds Total MH Revenue One -Time Funds MH FBG SWVMH Board Total One -Time MH Funds Total All MH Revenue 19. 05-05-2005 FY 2006 Community Services Performance Contract Exhibit A Mental Retardation CSB: Revenue Sources Revenue Fees MR Medicaid Fees MR Medicaid ICF/MR MR Fees: Other Total MR Fees MR Transfer Fees (To)/From MR Net Fees Restricted Funds Federal MR Child Day Care MR Other Federal — DMHMRSAS MR Other Federal — CSB Total Restricted Federal MR Funds State MR Facility Reinvestment (Fiscal Agent) MR Transfer In/(Out) Facility Reinvestment MR Net Facility Reinvestment Total Restricted State MR Funds Other Funds MR Workshop Sales MR Other Funds MR State Retained Earnings MR Other Retained Earnings Total Other MR Funds State Funds MR State General Funds MR OBRA MR Family Support MR Children's Family Support Total State MR Funds Local Matching Funds MR In -Kind MR Contributions MR Local Other MR Local Government Total MR Local Funds Total All MR Revenue AF-5 20. 05-05-2005 FY 2006 Community Services Performance Contract CSB: Exhibit A Substance Abuse Revenue Sources Revenue Fees SA Medicaid Fees SA Fees: Other Total SA Fees SA Transfer Fees (To)/From SA Net Fees Restricted Funds Federal SA FBG Alcohol/Drug Treatment SA FBG Women SA FBG Prevention -Women SA FBG SARPOS SA FBG HIV/AIDS SA FBG Facility Diversion SA FBG Jail Services SA FBG Crisis Intervention SA FBG Prevention SA FBG Co -Occurring SA FBG Turning Point SA FBG Prev-Strengthening Families SA Other Federal - DMHMRSAS SA Other Federal - CSB SA Fed TANF/LINK SA Fed State Incentive Grant SA Fed COSIG Total Restricted Federal SA Funds State SA Facility Reinvestment (Fiscal Agent) SA Transfer In/(Out) Facility Reinvestment SA Net Facility Reinvestment SA Facility Diversion SA Women SA Crisis Stabilization Total Restricted State SA Funds AF-6 21. 05-05-2005 FY 2006 Community Services Performance Contract CSB: Exhibit A Substance Abuse Revenue Sources Revenue Other Funds SA Other Funds SA Federal Retained Earnings SA State Retained Earnings SA Other Retained Earnings Total Other SA Funds State Funds SA State General Funds SA Region V Residential SA Postpartum - Women SA Jail Services/Juv Detention Total State SA Funds Local Matching Funds SA In -Kind SA Contributions SA Local Other SA Local Government Total Local SA Funds Total All SA Revenue AF-7 22. 05-05-2005 FY 2006 Community Services Performance Contract CSB: Exhibit A Local Government Tax Appropriations City or County Tax Ap ro riation Total Local Government Tax Funds UaN 23. 05-05-2005 FY 2006 Community Services Performance Contract Exhibit A CSB: Form 11: Mental Health Services Core Services/ Enrollment Codes Service Capacity Total Units Contract Units Units Per Capacity Consumers Served Expenses 100 Emergency Services 250 Acute Psychiatric Inpatient Services 310 Outpatient Services 350 Assertive Community Treatment 320 Case Management Services 410 Day Treatment/Partial Hospitalization 425 Rehabilitation/Habilitation 430 Sheltered Employment 465 Group Supported Employment 460 Individual Supported Employment 501 Highly Intensive Residential Services 521 Intensive Residential Services 551 Supervised Residential Services 581 Supportive Residential Services 610 Prevention Services 620 Early Intervention Services 390 Consumer Monitoring Services 720 Assessment and Evaluation Services 910 Discharge Assistance Project (DAP) 915 Non-CSA Mandated Mental Health Child and Adolescent Services 918 Program of Assertive Community Treatment (PAC7) �. 919 Project for Assistance in Transition from Homelessness (PATH) Total Expenses AP-1 24. 05-05-2005 FY 2006 Community Services Performance Contract Exhibit A CSB: Form 21: Mental Retardation Services Core Services/ Enrollment Codes Service Capacity Total Units Contract Units Units Per Capacity Consumers Served Expenses 100 Emergency Services 310 Outpatient Services 320 Case Management Services 425 Rehabilitation/Habilitation 430 Sheltered Employment 465 Group Supported Employment 460 Individual Supported Employment 501 Highly Intensive Residential Services 521 Intensive Residential Services 551 Supervised Residential Services 581 Supportive Residential Services 610 Prevention Services 620 Early Intervention Services 390 Consumer Monitoring Services 720 Assessment and Evaluation Services 920 Medicaid Mental Retardation Home and Community -Based Waiver Services "TOM T M Total Expenses AP-2 25. 05-05-2005 FY 2006 Community Services Performance Contract Exhibit A CSB: Form 31: Substance Abuse Services Core Services/ Enrollment Codes Service Capacity Total Units Contract Units Units Per Capacity Consumers Served Expenses 100 Emergency Services 250 Acute Substance Abuse Inpatient Services 260 Community -Based SA Medical Detox Inpatient Services 310 Outpatient Services 330 Opioid Detoxification Services 340 Opioid Treatment Services 320 Case Management Services 410 Day Treatment/Partial Hospitalization 425 Rehabilitation/Habilitation 430 Sheltered Employment 465 Group Supported Employment 460 Individual Supported Employment 521 Intensive Residential Services 531 Jail -Based Habilitation Services 551 Supervised Residential Services 581 Supportive Residential Services 610 Prevention Services A, 620 Early Intervention Services 710 Substance Abuse Social Detoxification Services 318 Substance Abuse Motivational Treatment Services 390 Consumer Monitoring Services 720 Assessment and Evaluation Services 930 Substance Abuse State Mental Health Facility Admission Diversion Project, Total Expenses AP-3 26. 05-05-2005 FY 2006 Community Services Performance Contract Exhibit B: Reserved 27. 05-05-2005 � 2 c 0 U ■ u c e E 0 � @ � ■ @ u ■ cn � � E E 0 U � 0 O q } U- ■ (D � m m m � m u c ■ E 0 � ■ CL 2 m 0 m M c e ■ E 0 2 � O � E � ■ c 0 U ■ � 2 � co � Z :E x W 0 �tE 2 � � k 2 Lu \ o �k22k co b/ 3ƒ QU) o� S ° CLCT� _� ■ 0 �U— E \ @ � k § « k " U) mAn - § D > c 7 y (D ca (OD- a) CL 3 2 CD § 0 �: 3: 4 m k cp c co E n u (D a LL CL CL 2 0 0 U � � m k o E E § § ± k 2 m L 3 ■ @ 2 / 2 q « � 0 - 0 2 / $ O 2 Co E % § @ �ƒ� w< � -E ® CD 0 2 « m �22 $ [ % c @ © @ o 2 E @ o ' @ U �k�� 30 w & m 2 2 w a)\ �U) 0 = 0 9 7 § E — 7 =2 0-0 3: 0 E o o !E ° @ q ° -C / 0 n £ E 7� 0 r 2 -0k @ = k E kk � -0 0) 0 2 a) § Cl @ @ a) 2 7 o >, � co ECA ®2 0) E -- \ \ § 0 co£ ®3 2 U�� §e ƒ o a) —cE E y / 7 3 —Lcn E � / ° 0 § 2 § ./ ±� 07 2 LLD/ O 0-a)CL 25 o u « �Eo m k ° a) Cc a)E 2 \2 $ g 0/ 2 ƒ� �_ a)_0\ § $ a) 2OCO 2 E §� cu a)§ 00-0 E � o m E m / 2k / 0 /+� 7 2° 00_ •- 2 I o co U } � 4 % a 2 a o-0 _0 =_U- "- 7-0 co m m 0- x m �k kV-- C-�a m O 0 CN L-6 0 0 FY 2006 Community Services Performance Contract Exhibit D: Individual Board Performance Measures Signatures: In witness thereof, the Department and the Board have caused this performance contract amendment to be executed by the following duly authorized officials. Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services By: Name: James S. Reinhard, M.D. Title: Commissioner Date: Board By: Name: Title: Chairman of the Board Date: By: Name: Title: Executive Director Date: 29. 05-05-2005 FY 2006 Community Services Performance Contract Exhibit E: Performance Contract Process and Contract Revision Instructions 05-05-05: The Department distributes the FY 2006 Performance Contract to Boards electronically on May 5. 05-05-05: The Department distributes the FY 2006 Letters of Notification to Boards on May 5, with enclosures that show tentative allocations of state and federal block grant funds. Another enclosure may list performance measures that have been negotiated with a Board to be included in Exhibit D of the contract. The Office of Information Technology Services (OITS) completes distribution of the FY 2006 Community Services Performance Contract package software (CARS -ACCESS) to CSBs by May 5. Department staff completes training Boards on the software by May 25. 06-24-05: Exhibit A and other parts of the FY 2006 Community Services Performance Contract, submitted electronically in CARS -ACCESS, are due in the OITS in time to be received by June 24. Tables 1 and 2 of the Performance Contract Supplement (also in CARS - ACCESS) must be submitted with the contract. While a paper copy of the complete contract should not be submitted, paper copies of the following completed pages with signatures where required are due in the Office of Community Contracting (OCC) by June 24: the signature page of the contract body; the Board's current organization chart (page 3 of Exhibit H), Exhibit F (two pages), page 1 of Exhibit G, and Exhibit D, if applicable. Page 2 of Exhibit G must be submitted as soon as possible and no later than September 30. Contracts must conform to Letter of Notification allocations of state and federal funds, or amounts subsequently revised by or negotiated with the OCC and confirmed in writing, and must contain actual appropriated amounts of local matching funds. If the Board cannot include the minimum 10 percent local matching funds in the contract, it must submit a written request for a waiver of the matching funds requirement, pursuant to § 37.1-199 of the Code of Virginia and State Board Policy 4010, to the OCC with its contract. This requirement also applies to 2"d and 4th quarter reports and contract revisions. 06-30-05: The OITS distributes the FY 2005 fourth quarter report package by June 30. 07-01-05: Program Accountants in the Department's Office of Grants Management (OGM) prepare Electronic Data Interchange (EDI) transfers for the first two semi-monthly payments (both July payments) of state and federal funds for all Boards and send the requests to the Department of Accounts, starting with the transmission on July 1. 07-15-05: Program Accountants receive authorizations to prepare EDI transfers for payments 3 through 5 (both August, 1st September) of state and federal funds for Boards whose contracts were received and determined to be complete by July 15 and, after OCC Administrators authorize their release, prepare and send the transfers to the Department of Accounts, starting with the transmission on August 1. Payments will not be released without complete contracts, as defined in item 1 of Exhibit I. For Boards whose contracts are received after July 15, EDI transfers for these three semi-monthly payments will be processed within two weeks of receipt of the contract, if the contract is complete. 07-29-05: Department staff complete reviews by July 29 of FY 2006 contracts received by June 24. Contracts received after June 24 will be processed in the order in which they are received. 1. The Office of Grants Management (OGM) analyzes the revenue information in the contract for conformity to Letter of Notification allocations and makes corrections and changes on the financial forms in Exhibit A of the contract. 30. 05-05-2005 FY 2006 Community Services Performance Contract 2. The Offices of Mental Health, Child and Family, Mental Retardation, and Substance Abuse Services review and approve new service proposals and consider program issues related to existing services, based on Exhibit A and the service level analyses provided by the OCC Administrator negotiating the contract. 3. The Office of Community Contracting (OCC) assesses contract completeness, examines maintenance of local matching funds, analyzes existing service levels, integrates new service information, makes corrections and changes on the service forms in Exhibit A, negotiates changes in Exhibit A, and finalizes the contract for signature by the Commissioner. The OCC Administrator notifies the Board when its contract is not complete or has not been approved and advises the Board to revise and resubmit its contract. 4. The Office of Information Technology Services (OITS) receives CARS -ACCESS submissions from the Boards, maintains the community database, and processes signed contracts into that database as they are received from the OCC. 09-01-05: Program Accountants receive authorization to prepare EDI transfers for payments 6, 7 and 8 (2Id September, October) and, after OCC Administrators authorize their release, prepare and send the transfers to the Department of Accounts, for transmission starting on September 16 for payment 6 for Boards with contracts that have been approved as substantively complete by the OCC, acting as the Department's agent. Payments 7 and 8 will not be released without a contract signed by the Commissioner. After the Commissioner signs it, the OCC sends a copy of the approved contract Exhibit A to the Board, with the signature page containing only the Commissioner's signature. The Board must review this contract, which reflects all of the changes negotiated by Department staff (see 7-29-05); complete the signature page, which documents its acceptance of these changes; and return the completed signature page to the OCC. Boards submit their complete Community Consumer Submission (CCS) reports for total (annual) FY 2005 service units to the OITS in time to be received by September 1. 10-03-05: Boards send complete FY 2005 fourth quarter reports that include Uniform Cost Report information electronically in CARS -ACCESS to the OITS in time to be received by October 3. Reports must be accompanied by the Executive Director's certification that the software error check was performed, the report contains no errors identified by the error checking software, and the data submitted in the reports is accurate. OITS staff place the reports in a temporary data base for OCC and OGM staff to access them and print paper copies of the reports. OCC Administrators review services sections of reports for correctness, completeness, consistency, and acceptability; resolve discrepancies with Boards; communicate necessary changes to Boards; and make the changes on the paper copies of the reports. Program Accountants review the financial portions of reports for arithmetic accuracy, completeness, consistency, and conformity with state funding actions; resolve discrepancies with Boards; communicate necessary changes to Boards; and make the changes on the paper copies of the reports. Once OCC and OGM staff complete their reviews and corrections of a Board's reports, the OCC administrator notifies the Board to submit new reports, reflecting only those approved changes, to OITS. Upon receipt, the process described above is repeated to ensure that the new reports contain only those changes identified by OGM and OCC staff. If the reviews document this, OCC and OGM staff approve the reports. OITS staff then process final report data into the Department's community database. Late report submission, if an extension of the October 3 due date has not been obtained through the process in Exhibit I of this contract, or submitting a report without correcting 31. 05-05-2005 FY 2006 Community Services Performance Contract errors identified by the CARS -ACCESS error checking program will result in a letter from the Commissioner to the Board Chairman and local government officials and may result in a one-time reduction of up to one quarter of one percent of the total state general funds allocated to the Board. See Exhibit I for additional information. 10-14-05: Program Accountants receive authorization to prepare EDI transfers for payments 9 through 12 (November and December), and, after OCC Administrators authorize their release, prepare and send these transfers to the Department of Accounts, beginning with the transmission on October 31 for Boards whose complete FY 2005 fourth quarter reports were received by October 3. Funds will not be released without (1) complete reports, as defined in item 2.a. of Exhibit I of this contract, (2) complete CCS submissions (see 9-01-05), and (3) the completed signature page received from the Board (see 9-01-05). 11-01-05: If necessary, Boards submit new FY 2005 fourth quarter reports that correct errors or inaccuracies not later than November 1. The Department will not accept fourth quarter report revisions after November 1. 12-01-05: Boards that are not local government departments or included in local government audits send one copy of the audit report for the preceding fiscal year on all board - operated programs to the Department's Office of Financial Reporting and Compliance. While the Code requires reports within 90 calendar days after the end of the fiscal year, the Auditor of Public Accounts will not penalize late submissions up to December 1. A management letter and plan of correction for deficiencies must be sent with this report. Boards submit a copy of C.P.A. audit reports for all contract programs for their last full fiscal year, ending on June 30, to the Office of Financial Reporting and Compliance by December 1. For programs with different fiscal years, reports are due five months after the end of the year. Management letters and plans of correction for deficiencies must be included with these reports. Audit reports for Boards that are local government departments or are included in local government audits are submitted to the Auditor of Public Accounts by the local government. Under a separate cover, the Board must forward a plan of correction for any audit deficiencies that are related to or affect the Board to the Office of Financial Reporting and Compliance by December 1. 12-13-05: Program Accountants receive authorization to prepare EDI transfers for payments 13 through 17 (January, February, 1st March), and, after OCC Administrators authorize their release, prepare and send these transfers to the Department of Accounts, beginning with the transmission on January 2 for Boards whose FY 2005 fourth quarter reports have been verified as accurate and internally consistent, per items 2.b. through d. of Exhibit I and whose CCS submissions for FY 2005 are complete. Funds will not be released without verified reports and complete CCS submissions. 01-06-06: T he OITS distributes FY 2006 second quarter report software by January 6. 02-16-06: Boards send complete second quarter reports to the OITS electronically in CARS - ACCESS and second quarter CCS submissions within 45 calendar days after the end of the quarter, in time to be received by February 16. OITS staff place the reports on a shared drive for OCC and OGM staff to access them. The offices review and act on the reports using the process described at 10-03-05. When reports are acceptable, OITS staff process the data into the Department's community data base. 02-28-06: Program Accountants receive authorization to prepare EDI transfers for payments 18 and 19 (2"d March, 1st April) and, after OCC Administrators authorize their release, prepare and send these transfers to the Department of Accounts, starting with the transmission on March 13 for Boards whose complete FY 2006 second quarter reports 32. 05-05-2005 FY 2006 Community Services Performance Contract and CCS submissions were received by February 16. Funds will not be released without complete reports, as defined in item 2.a. of Exhibit I, and without CCS submissions. 04-04-06: Program Accountants receive authorization to prepare EDI transfers for payments 20 through 23 (2"d April, May, and 1st June) and, after OCC Administrators authorize their release, prepare and send these transfers to the Department of Accounts, starting with the transmission on April 17 for Boards whose FY 2006 second quarter reports have been verified as accurate and internally consistent, per items 2.b. through d. of Exhibit I. Funds will not be released without verified reports. 04-28-06: The Department distributes the FY 2007 Community Services Performance Contract and Letters of Notification to Boards on April 28, with enclosures that show the tentative allocations of state and federal funds. The Department also distributes the CARS - ACCESS Performance Contract software update for the FY 2007 Community Services Performance Contract to CSBs by May 5. 05-12-06: The Department distributes final revised FY 2006 Letters of Notification to Boards by May 12, with enclosures reflecting any changes in allocations of state and federal block grant funds since the original Letters of Notification (issued May 2, 2005) for Boards to use in preparing their final FY 2006 contract revisions. 06-02-06: Program Accountants receive authorization to prepare EDI transfers for payment 24 and, after OCC Administrators authorize their release, prepare and send these transfers to the Department of Accounts for transmission on June 16, after the Department has made any final adjustments in the Board's state and federal funds allocations. 06-16-06: The final revised FY 2006 Performance Contract Exhibit A, prepared in accordance with instructions in this Exhibit, is due in the OITS by June 17. Final contract revisions must conform to final revised Letter of Notification allocations, or amounts subsequently revised by or negotiated with the Department and confirmed in writing, and must contain actual amounts of local matching funds. Revised contracts are reviewed and acted on using the process at 7-29-05. If the Board cannot include the minimum 10 percent local matching funds in its revised contract, it must submit a written request for a waiver of the matching funds requirement, pursuant to § 37.1-199 of the Code of Virginia and State Board Policy 4010, to the OCC with its revised contract. 06-23-06: The FY 2007 Community Services Performance Contract, submitted electronically in CARS -ACCESS, is due in the OITS by June 23. 07-21-06: The OITS distributes FY 2006 fourth quarter report software to Boards. 09-01-06: Boards submit their complete Community Consumer Submission (CCS) reports for total (annual) FY 2006 service units to the OITS in time to be received by September 1. 10-02-06: Boards send complete FY 2006 fourth quarter reports electronically in CARS -ACCESS to the OITS in time to be received by October 2. 33. 05-05-2005 FY 2006 Community Services Performance Contract Exhibit E: Performance Contract Process and Contract Revision Instructions The Board may revise Exhibit A of its signed performance contract only in the following circumstances: 1. a new, previously unavailable category or subcategory of core services is implemented; 2. an existing category or subcategory of core services is totally eliminated; 3. a new program offering an existing category or subcategory of core services is implemented; 4. a program offering an existing category or subcategory of core services is eliminated; 5. new earmarked state general or federal funds are received to expand an existing service or establish a new one; 6. state general or federal block grant funds are moved between program (MH, MR, SA) areas (an exceptional situation); 7. allocations of state general, federal, or local funds change; or 8. a major error is discovered in the original contract. Contract revisions should not be made to reflect minor deviations from the contract level in numbers of consumers to be served or units of service to be provided within existing programs and services. To avoid frequent submissions of revisions, these circumstances should be consolidated and reflected in revisions that are periodically sent to the Department. A final revision must be submitted before the end of the term of this contract, as specified in this Exhibit, so that any discrepancies in state general or federal fund disbursements can be resolved and any other changes can be reflected in the final revision. Revisions of Exhibit A must be submitted using the CARS -ACCESS software and the same procedures used for the original performance contract. 34. 05-05-2005 FY 2006 Community Services Performance Contract Exhibit F: Federal Compliances Certification Regarding Salary: Federal Mental Health and Substance Abuse Prevention and Treatment Block Grants Check One 1. The Board has no employees being paid tota Ily with Federal Mental Health Block Grant funds or Federal Substance Abuse Prevention and Treatment (SAPT) Block Grant funds at a direct salary (not including fringe benefits and operating costs) in excess of $175,700 per year. 2. The following employees are being paid totally with Federal Mental Health or SAPT Block Grant funds at a direct salary (not including fringe benefits and operating costs) in excess of $175,700 per year. Name 2. 3 4. 5 n Title 35. 05-05-2005 FY 2006 Community Services Performance Contract Exhibit F: Federal Compliances Assurances Regarding Restrictions on the Use of Federal Block Grant Funds The Board assures that it is and will continue to be in full compliance with the applicable provisions of the Federal Mental Health Services and Substance Abuse Prevention and Treatment Block Grants, including those contained in the General Requirements Document and the following requirements. Under no circumstances shall Federal Mental Health Services and Substance Abuse Prevention and Treatment Block Grant funds be used to: 1. provide mental health or substance abuse inpatient services; 2. make cash payments to intended or actual recipients of services; 3. purchase or improve land, purchase, construct, or permanently improve (other than minor remodeling) any building or other facility, or purchase major medical equipment; 4. satisfy any requirement for the expenditure of non-federal finds as a condition for the receipt of federal funds; 5. provide individuals with hypodermic needles or syringes so that such individuals may use illegal drugs; 6. provide financial assistance to any entity other than a public or nonprofit private entity; or 7. provide treatment services in penal or correctional institutions of the state. [Source: 45 CFR § 96.135] Signature of Executive Director Date However, the Board may expend SAPT Block Grant funds for inpatient hospital substance abuse services only when all of the following conditions are met: a. the individual cannot be effectively treated in a community -based, non -hospital residential program; b. the daily rate of payment provided to the hospital for providing services does not exceed the comparable daily rate provided by a community -based, non -hospital residential program; c. a physician determines that the following conditions have been met: (1) the physician certifies that the person's primary diagnosis is substance abuse, (2) the person cannot be treated safely in a community -based, non -hospital residential program, (3) the service can reasonably be expected to improve the person's condition or level of functioning, and (4) the hospital -based substance abuse program follows national standards of substance abuse professional practice; and d. the service is provided only to the extent that it is medically necessary (e.g., only for those days that the person cannot be safely treated in a community -based residential program). [Source: 45 CFR § 96.135] 36. 05-05-2005 FY 2006 Community Services Performance Contract Exhibit G: Local Government Approval of the Community Services Performance Contract — Page 1 1. Name of the Board: 2. City or County designated as the Board's Fiscal Agent: _ 3. Name of the Fiscal Agent's City Manager or County Administrator or Executive: Name: Title: 4. Name of the Fiscal Agent's County or City Treasurer or Director of Finance: Name: Title: 5. Name of the Fiscal Agent official to whom checks should be electronically transmitted: Name: Address: Title: 37. 05-05-2005 FY 2006 Community Services Performance Contract Exhibit G: Local Government Approval of the Community Services Performance Contract — Page 2 Date Contract Date and Type of 1 Submitted to 2 Approval 3 Name of City or County Local Government 1. Enter the name of each city or county that established the Board in the left column. 2. Enter the date on which the Board submitted its contract to each local government. 3. Enter the date on which that city or county approved the Board's performance contract by formal vote and the type of action taken (e.g., passage of an ordinance or resolution or a motion and voice vote). The first page of Exhibit G must be submitted with the performance contract. The second page must be submitted to the Office of Community Contracting in the Department as soon as possible and no later than the last business day in September. If a local government has not acted upon the Board's contract by September 30, enter No Action Taken in this column. 38. 05-05-2005 FY 2006 Community Services Performance Contract Exhibit H: Board Membership Table 1: Board Membership Characteristics Name of Board Total Appointments: Vacancies: * Filled Appointments: Number of Consumers and Family Members (Ref. § 37.1-1 and 195 for Definitions) Number of Consumers: 7Number of Family Members: Age of Members Gender of Members * Asterisked nos. should be the same. 0-Elected and appointed local government officials (including sheriffs) might also be identified in other occupational categories. Age 18 -35: Female: Age 36 - 64: Male: Age 65 +: * Total: * Total: Race and Ethnicity of Board Members African -American: Other: ian/Pacific Islander: Fs Total: ucasian: Hispanic Origin: Board Member Occupations Businessmen/Businesswomen ► Elected Local Gov't Officials Educators ► App'ted Local Gov't Officials Human Service Professionals Clergy Homemakers Clerical/Blue Collar Workers Medical Professionals lRetired Individuals Lawyers Non-Gov'tal Service Boards ► Sheriffs No Response Total: Elected and appointed government officials also might be identified in other occupational categories; duplication is acceptable in the Board Member Occupations table and it is important to identify all of the government officials serving as Board members. Use Table 1 in the Performance Contract Supplement (CARS/ACCESS) to complete this table. . = d 39. 05-05-2005 ,-I r� �n O Z .o N L N r E WO 4) E 4) +� O U) L N � E J CL Z 's c 12 O m a d ca O m � vi 0 U d L Q fA a) m z a) d � E Q m U) Z 0 U O _I Qi Qi N E O 0 0 N cu 0 U) U) w U U Q Q U O L C J Q a) -0 C a) 2 cn L O U O L_ 5 W O cv O m O N Z) LO a Q LO 0 0 N O i m O 0 FY 2006 Community Services Performance Contract Exhibit H: Board Organization Chart Attach the Board's organization chart here. 41. 05-05-2005 FY 2006 Community Services Performance Contract Exhibit I: Administrative Performance Standards Standards The Board shall meet these administrative performance standards in submitting its contract, contract amendments, and contract reports to the Department. The contract and any revisions submitted by the Board shall be: a. complete, that is all required information is displayed in the correct places and all required Exhibits and Forms are included; b. consistent with Letter of Notification allocations or figures subsequently revised by or negotiated with the Department; c. prepared in accordance with instructions in the Department -provided CARS -ACCESS software and any subsequent instructional memoranda; and d. received by the due dates listed in Exhibit E of this contract. If these contract standards are not met, the Department may delay future semi-monthly payments until satisfactory performance is achieved. 2. The current contract term second and the previous contract term fourth quarter contract reports submitted by the Board shall be: a. complete, that is all required information is displayed in the correct places, all required data are included in the electronic CARS -ACCESS application reports, and any required paper forms that gather information not included in CARS -ACCESS are submitted; b. consistent with the state general and federal block grant funds allocations in the most recent Letter of Notification or figures subsequently revised by or negotiated with the Department; c. prepared in accordance with instructions; d. (i) internally consistent and arithmetically accurate: all related expenses, revenues, and service and consumer data are consistent, congruent, and correct within a report, and (ii) submitted only after errors identified by the CARS -ACCESS error checking program are corrected; and e. received by the due dates listed in Exhibit E of this contract, unless, pursuant to the process on the next page, an extension of the due date for the fourth quarter report has been obtained from the Department. If these standards are not met for second quarter reports, the Department may delay future semi-monthly payments until satisfactory performance is achieved. If the Board does not meet these standards for its fourth quarter reports, the Department may delay future semi-monthly payments until satisfactory performance is achieved, and the Commissioner shall contact the Board and local government officials about failure to comply with both aspects of standard 2.d or failure to satisfy standard 2.e. If this does not resolve the performance issue, the Department may, pursuant to § 37.1-199 of the Code of Virginia, impose a one-time reduction that shall not exceed one quarter of one percent of the total state general funds allocated to the Board, not to exceed a total of $10,000, for any failure to meet these standards. The Board shall not allocate or transfer any such one-time reductions of state general funds to direct service or program cost centers. 42. 05-05-2005 FY 2006 Community Services Performance Contract Exhibit I: Administrative Performance Standards Process for Obtaining an Extension of the Fourth Quarter Report Due Date Extensions will be granted only in very exceptional situations, for example, unanticipated staff, hardware, or software problems such as an ITS failure, a key staff person's illness or accident, or an emergency that makes it impossible to meet the due date. It is the responsibility of the Board to seek, negotiate, obtain, and confirm the Department's approval of an extension of the due date within the time frames specified below. Failure of the Board to fulfill this responsibility constitutes prima facie acceptance by the Board of any resulting one-time reduction in state general funds. 2. As soon as the Board becomes aware that its fourth quarter report cannot be submitted in time to be received in the Department by 5:00 p.m. on the first business day of October in the current contract term, its executive director must inform the Office of Community Contracting Director or its Community Contracting Administrator that it is requesting an extension of this due date. This request should be submitted as soon as possible and it must be in writing, describe completely the reason(s) and need for the extension, and state the date on which the Department will receive the report. 3. The written request for an extension must be received in the Office of Community Contracting no later than 5:00 p.m. on the fourth business day before the date in the second step. A facsimile transmission of the request to the number used by the Office of Community Contracting (804-371-0092), received by that time and date, is acceptable if receipt of the transmission is confirmed with a return facsimile memo from the Office no later than 5:00 p.m. on the third business day before the date in the second step. Telephone extension requests are not acceptable and will not be processed. 4. The Office of Community Contracting will act on all requests for due date extensions that are received in accordance with this process and will notify the requesting Boards by facsimile transmission of the status of their requests by 5:00 p.m. on the second business day before the date in the second step. 5. If an extension of the fourth quarter report due date is granted, this will not result in automatic continuation of semi-monthly payments. All of the requirements for these payments, contained in Exhibit E, must be satisfied for semi-monthly payments to continue. 43. 05-05-2005 FY 2006 Community Services Performance Contract Exhibit J: Regional Program Procedures Regional Program Definition A regional program provides services to individuals who are consumers of a group of Boards, and it may be managed by the group of Boards, have multiple service sites, and provide more than one type of service. Regional programs also include self-contained, single purpose programs (e.g., providing one type of core service, usually residential) operated by one Board for the benefit of other Boards or programs contracted by one Board that serve consumers from other Boards. Finally, some programs (e.g., substance abuse residential or mental health day support programs) that are operated by individual Boards also may serve consumers from other Boards through contractual or purchase of service arrangements. These individual Board programs are not regional programs, but some of these principles, concepts, and models could be applied to them. Purposes of Regional Program Principles, Operational Concepts, and Models The regional program principles, operational concepts, and models enable Boards to implement, manage, and account for and the Department to monitor regional programs on a more consistent basis and help ensure that performance contracts and reports, including the CARS and the Community Consumer Submission 2 (CCS 2), contain all needed information, completely and accurately, about consumers and services. Regional Program Principles The following principles should guide the development and operation of regional programs. 1. All revenues, expenses, and costs for a regional program should be reported only once. 2. Each consumer who is served should be reported only once for a particular service. However, a consumer receiving services from more than one Board should be reported by each Board for the service(s) that it provides. 3. Each service provided by a regional program should be reported only once. 4. Double counting a service or a consumer receiving a service must be avoided 5. For certain regional programs, where a Board (the case management Board) refers its consumer to a regional program that is operated by a contract agency and paid for by the region's fiscal agent Board, the case management Board should report the service, even though it did not provide or pay for it, since there would be no other way for information about it to be extracted through the CCS 2. 6. Avoiding duplicate reporting of consumers, services, revenues, expenses, and costs should be addressed, preferably in an Exhibit D or less preferably in a regional memorandum of agreement (MOA). 7. Boards should be able to transfer state, local, and federal funds to each other to pay for services that they purchase from each other. 8. Because the CCS 2 is the basis for all statewide individual consumer information, all individuals served by a Board in any manner must be included in the Board's information system, so that the necessary consumer and service information can be extracted by the CCS 2 and provided to the Department. 9. Existing reporting systems (the CCS 2 and the CARS) should be used wherever possible, rather than developing new reporting systems, to avoid unnecessary or duplicative data collection and entry. For example, the special project function in the CCS 2 could be used to report additional data elements that are not in the CCS 2 for special projects, instead of establishing new, stand-alone reporting mechanisms. This would reduce Board workload. 10. Any new service or program should be implemented as simply as possible regarding reporting requirements. For example, allocating all of the Regional Discharge Assistance Project funding 44. 05-05-2005 FY 2006 Community Services Performance Contract to one (fiscal agent) Board rather than to each Board based on approved DAP ISPs may create significant extra work for Boards with little appreciable gain in accountability. 11. Boards and the Department have provider and local or state authority roles that involve non - direct services tasks, such as utilization management and regional authorization committees. These roles cause additional administrative and management expenses for regional programs. Boards should report these expenses as part of their costs of delivering regional services. 12. The Department should factor in and accept these administrative and management expenses as allowable costs of regional programs. 13. Board and state costs for a service should be the same: the true cost, not the subsidized (reduced) cost that may be identified and reported now for some regional programs. True costs should be reported to the General Assembly and used for other accountability purposes. 14. If a Board participating in a regional program supplements the allocation of state or federal funds received by the Board operating that program by transferring resources to the operating Board, the participating Board should show the transfer as an expense on financial forms but not as a cost on service forms in its performance contract and reports. Then, the participating Board will avoid displaying an unrealistically low service cost in its contract and reports for the regional program and double counting consumers served by and service units delivered in the regional program, since the operating Board already reports this information. 15. Regional programs should receive the same state funding increases as regular Board grant - funded activities, such as the salary increases for community services provided from time to time by the General Assembly in the Appropriation Act. 16. Unexpended balances of regional program funds should not be retained by the participating Boards to which the regional fiscal agent Board or the Department has disbursed the funds. Those balances should be available for redistribution during the fiscal year among the participating Boards to ensure maximum utilization of these funds. Each regional program should establish procedures for monitoring expenditures of regional program funds and redistributing those balances. These procedures should be stated, preferably in an Exhibit D or less preferably in a regional MOA. 17. Regional program funding issues, such as the amount, sources, or adequacy of funding for a regional program, the distribution of state allocations for it among participating Boards, and the financial participation of each Board whose consumers receive services from the regional program, should be resolved at the regional level among the Boards participating in the program, with the Department providing information or assistance upon request. 18. If possible, regional funding and reporting approaches should be developed that encourage or provide incentives for the contribution of local dollars to regional activities. 19. If a Board that operates or serves as the fiscal agent for a regional program cannot satisfy the statutory minimum 10 percent local matching funds requirement due to the state funds that it receives for that regional program, the Department, in accordance with provisions in the Community Services Performance Contract, State Board Policy 4010, and § 37.1-199 of the Code of Virginia, shall grant an automatic waiver of that matching funds requirement. Regional Program Operational Concepts The following concepts provide a framework for the development, implementation, and operation of regional programs. 1. Management Approach: The regional approach is an invaluable tool for maximizing the use of resources and for increasing the effectiveness of the services system. The regional approach is a highly effective tool for allocating and managing resources and for coordinating the delivery and managing the utilization of services. However, individual consumers generally will continue to be served by particular Boards; services will continue to be provided by individual Boards 45. 05-05-2005 FY 2006 Community Services Performance Contract directly or through contracts with other providers; each Board will continue to contract for and report on the consumers that it serves and the services that it provides; and each consumer will access services through and have his or her individualized services plan managed by a particular Board. Boards are the only organizations identified in the Code of Virginia and the Appropriation Act that the Department can fund for the delivery of community mental health, mental retardation, or substance abuse services. This is consistent with the statutory identity of Boards as the single points of entry into publicly funded mental health, mental retardation, and substance abuse services, and Boards are the local points of accountability for the coordination of those services. 2. Individual Board Reporting: Implementation of the CCS 2, a secure and HIPAA-compliant individual consumer data reporting system, makes it even more important that a Board reports all of the services that it provides directly or contractually to consumers. Because the CCS 2 is the basis for all statewide individual consumer information, all individuals served by Boards in any manner must be included in individual Board information systems, so that necessary consumer and service information can be extracted by Boards and provided to the Department using the CCS 2. The Department will be extracting performance contract report information about consumers and services from the CCS 2, rather than continuing to receive some separate CARS contract reports containing this information. If a Board does not collect information about all of its consumers and services, including those in regional programs, in its information system, it will not be able to extract and report complete information about its operations to the Department, and the CCS 2 will not be complete. Therefore, each Board participating in a regional program will admit the consumers that it serves through the regional program to the Board and will maintain CCS 2 data about those consumers in its information system. For performance contract and report (CARS and CCS 2) purposes, each participating Board will maintain and report revenue, expense, cost, consumer, and service information associated with the regional program for each consumer that it serves through that program. If one Board operates a regional program on behalf of other Boards in a region, it admits all consumers for services provided by that regional program, maintains CCS 2 data about these consumers in its information system, and maintains and reports revenue, expense, cost, consumer, and service information for all consumers that it serves through that program. 3. Regional Program Funding, Contracting, and Reporting: Depending on the design of a regional program, the Department may disburse the state or federal funds for a regional program to each participating Board or to one Board that operates a regional program or agrees to serve as the fiscal agent for a regional program. Sections 37.1-194.1, -197, and -198 of the Code of Virginia define and establish the community services performance contract as the mechanism through which the Department provides state general and federal funds to Boards for community mental health, mental retardation, and substance abuse services and through which Boards report on the use of those funds. a. If the Department disburses regional program funds to each participating Board, each participating Board will follow existing performance contract and report requirements and procedures for that portion of the regional program funded by that participating Board. b. If the Department disburses regional program funds to the Board that operates a regional program on behalf of the other Boards in a region whose consumers receive services from that regional program, the operating Board will follow existing performance contract and report requirements and procedures, as if the regional program were its own program. c. If the Department disburses regional program funds to a Board that has agreed to serve as the fiscal agent (fiscal agent Board) for the regional program, disbursements will be based on, accomplished through, and documented by appropriate procedures contained preferably in an Exhibit D or less preferably in a regional MOA and in electronic data interchange (EDI) transfer records. 46. 05-05-2005 FY 2006 Community Services Performance Contract d. When funds are disbursed to a fiscal agent Board, each participating Board will identify, track, and report regional program funds that it receives and spends as funds for that regional program. Each participating Board, including the fiscal agent Board, will reflect in its CARS reports and CCS 2 extracts only its share of the regional program, in terms of consumers served, services provided, revenues received, expenses made, and costs of the services. Any monitoring, reporting, and accountability related to the fiscal agent Board's handling of the state or federal funds will be accomplished through the performance contract and reports. e. The Department and participating Boards may decide to establish parallel but separate, more detailed reporting, contracting, and management processes for some regional programs, when more information beyond that contained in the performance contract and reports and the CCS 2 is needed to monitor or manage the program. These processes should be documented in procedures contained preferably in an Exhibit D or less preferably in a regional MOA. f. Even when there are a separate reporting and monitoring procedures in place, each Board participating in a regional program still must include the relevant consumer, service, revenue, and expense information in its CARS reports and CCS 2 extracts. This will ensure that a Board's information, accumulated through automated processes such as the CARS and the CCS 2, reflects all of its consumer, service, revenue, expense, and cost information, including the regional programs in which it participates. 4. Regional Program Monitoring and Management: Monitoring and management activities may be carried out differently, depending on how a particular regional program is structured and operated. Generally, it is desirable for the participating Boards to establish an organization or use an existing one to manage and monitor the operation of a regional program. Procedures for and operations of these monitoring and management activities, such as regional authorization or utilization management committees, should be described preferably in an Exhibit D or in a regional MOA. Four Regional Program Models The following models have been developed for Boards and the Department to use in designing, implementing, operating, monitoring, and evaluating regional programs. These models are paradigms that could be altered by mutual agreement among the Boards and the Department as regional circumstances warrant. However, to the greatest extent possible, Boards and the Department should adhere to these models to support and reinforce more consistent approaches to the operation, management, monitoring, and evaluation of regional programs. Boards should review these models and, in consultation with the Department, implement the applicable provisions of the model or models best suited to their particular circumstances, so that the operations of any regional program will be congruent with one of these models. 47. 05-05-2005 FY 2006 Community Services Performance Contract 1. Operating Board -Funded Regional Program Model 1. The Board that operates a regional program receives state and sometimes other funds from the Department for the program. This operating Board provides the services, projects the total consumers served, units of service, static capacity, revenues, expenses, and cost for the regional program in its performance contract and contract revision(s), and reports total actual consumers served, units of service(s) delivered, revenues, expenses, and cost(s) in its performance contract reports (CARS) and Community Consumer Submission 2 (CCS 2) extracts. Other Boards that refer consumers to the regional program for services project and report nothing for the regional program in their contracts, CARS reports, and CCS 2 extracts. 2. The operating Board admits consumers receiving services from the regional program to the Board, enrolls them in the service(s) provided by the regional program, and develops individualized services plans (ISPs) for them. When consumers complete receiving a service from the regional program, they are released from that service. When consumers complete receiving all services from the regional program, they are discharged from the operating Board, unless they are consumers of and are receiving other services from that operating Board. The operating Board provides appropriate information about the services provided and other clinical information to the Board that referred the consumer to the regional program for clinical record keeping purposes at the referring Board. 3. The operating Board ensures that the appropriate information about consumers and services in the regional program is entered into its information system, so that the information can be extracted by the CCS 2 and reported in the CCS 2 and applicable CARS reports. Thus, for performance contract and reporting purposes, individuals receiving services from a regional program operated by that Board are consumers of that operating Board. 4. Each of the other Boards whose consumers receive services from this regional program admits those consumers to the Board and enrolls them in a service, such as case management, consumer monitoring, or another appropriate service, but not in the service(s) provided by the regional program. Thus, consumers receiving services from a regional program will appear in the CCS 2 extracts for two Boards and will be reflected in the CARS reports for two Boards (unless they are consumers only of the operating Board), but not for the same service(s). 5. If the other Boards whose consumers receive services from this regional program provide additional funds to the operating Board to supplement the funds that the operating Board receives from the Department for the regional program, these other Boards show the revenues and expenses for this supplement on the financial forms in their performance contracts, contract revisions, and reports. However, these other Boards do not show any services provided, consumers served, or costs for the regional program's services on the service forms in their contracts, revisions, or reports. These other Boards include an explanation on the Financial Comments page of the difference between the expenses on the financial forms and the costs on the service forms. The operating Board shows the services provided, consumers served, and total costs (including costs supported by supplements from the other Boards) for the regional program's services on its service forms, but it does not show any revenues or expenses associated with the supplements on the financial pages in its contract, contract revision(s), and reports. The operating Board includes an explanation of the difference between the expenses on the financial forms and the costs on the service forms on the Financial Comments page. 6. All of the Boards, to the extent practicable, determine individual Board allocations of the state and sometimes other funds received from the Department, based on service utilization or an agreed -upon formula. 7. Regional programs should receive the same state funding increases as regular Board grant - funded activities, such as the salary increases for community services provided from time to time by the General Assembly in the Appropriation Act. Boxwood (Rappahannock -Rapidan CSB) and New Hope (Valley CSB) are examples of this model. 48. 05-05-2005 FY 2006 Community Services Performance Contract 2. All Participating Boards -Funded Regional Program Model Each Board that participates in, meaning whose consumers receive services from, a regional program that is operated by one of those Boards receives state and sometimes other funds from the Department for that program. Each participating Board may supplement this amount with other funds available to it if the funds received from the Department are not sufficient to cover the regional program's expenses. Each participating Board uses those funds to purchase services from the regional program for its consumers, projects the consumers served, units of service(s), static capacity, revenues, expenses, and cost for the regional program in its performance contract and contract revision(s) and reports actual consumers served, units of service(s) delivered, revenues, expenses, and costs in its performance contract reports (CARS) and Community Consumer Submission 2 (CCS 2) extracts only for its consumers. 2. The regional program operated by one of the participating Boards functions like a contract agency provider. All of the consumer, service, static capacity, revenue, expense, and cost information for the whole program is maintained separately and is not included in the contract, contract revision(s), reports (CARS), and CCS 2 extracts of the Board operating the program. The participating Boards, including the Board operating the regional program, include only the parts of this information that apply to their consumers in their contracts, contract revisions, reports, and extracts. The regional program is licensed by the Department, when applicable, and develops and maintains individualized services plans (ISPs) for consumers that it serves. 3. Each participating Board admits consumers receiving services from the regional program and enrolls them in the services provided by the regional program and in any other appropriate services. The services provided by the regional program are listed in the ISPs maintained by the participating Boards for these consumers. When consumers complete receiving a service from the regional program, they are released from that service. When consumers complete receiving all services from the regional program, they are discharged from the participating Board, unless they continue to receive other services from that participating Board. The regional program provides appropriate information about the services provided and other clinical information to the Board who referred the consumer to the regional program, just as any contract agency provider would provide such information to the contracting Board. 4. Each participating Board, including the Board operating the regional program, ensures that the appropriate information about its consumers and their services is entered into its information system, so that the information can be extracted by the CCS 2 and reported in the CCS 2 and applicable CARS reports for that participating Board. 5. Regional programs should receive the same state funding increases as regular Board grant - funded activities, such as the salary increases for community services provided from time to time by the General Assembly in the Appropriation Act. The Laurels, operated by Cumberland Mountain Community Services, is an example of this model. 49. 05-05-2005 FY 2006 Community Services Performance Contract 3. Fiscal Agent Board -Funded Regional Program Model 1. One Board receives state and sometimes other funds from the Department and acts as the fiscal agent for a regional program, such as a reinvestment or restructuring project. The Department disburses the regional allocation to the fiscal agent Board on behalf of all Boards participating in the regional program. 2. The fiscal agent Board, in collaboration with the other participating Boards, develops agreed - upon procedures that describe how the Boards implement the regional program and jointly manage the use of these funds on a regional basis. The procedures also establish and describe how unused funds can be reallocated among the participating Boards to ensure the greatest possible utilization of the funds. These procedures should be documented, preferably in an Exhibit D or less preferably in a regional memorandum of agreement (MOA). 3. The fiscal agent Board receives the semi-monthly payments of funds from the Department for the regional program. The fiscal agent Board disburses the regional program funds to individual Boards, including itself when applicable, in accordance with the procedures in paragraph 2. The fiscal agent Board displays such disbursements on a Transfer In/Out line of the applicable revenue page in its final performance contract revision and its reports. The other Boards receiving the transferred funds show the receipt of these funds on the same line. Boards provide more detailed information about these transfers on the Financial Comments pages of contract revisions and reports. 4. Each Board implementing a regional program accounts for and reports the revenues and expenses associated with that program in its final performance contract revision and CARS reports. The fiscal agent Board displays the total amount of the allocation as a revenue and all Transfers Out in its CARS reports, but it only displays in its reports the expenses for any regional program that it implements. 5. As an alternative to paragraphs 1 through 4 for some kinds of programs, such as a Regional Discharge Assistance Project, and with the concurrence of the Department, instead of one Board acting as a fiscal agent, all Boards participating in that program establish a regional mechanism for managing the use of the regional program funds. The Boards decide through this regional management mechanism how the total amount of funds for the program should be allocated among them on some logical basis (e.g., approved regional discharge assistance project ISPs). The region informs the Department of the allocations, and the Department adjusts the allocation of each participating Board and disburses these allocations directly to the participating Boards. Those Boards agree to monitor and adjust allocations among themselves during the fiscal year through this regional management mechanism to ensure the complete utilization of these regional program funds, in accordance with procedures in paragraph 2. 5. Each Board implementing a regional program ensures that appropriate information about its consumers and their services is entered into its information system, so that the CCS 2 can extract the information and report it in the CCS 2 and applicable CARS reports. 7. Regional programs should receive the same state funding increases as regular Board grant - funded activities, such as the salary increases for community services provided from time to time by the General Assembly in the Appropriation Act. Most reinvestment and restructuring projects and programs are examples of this model. A variation of this model, the Fiscal Agent Board -Funded Regional Local Inpatient POS Program Model, can be used to implement and manage regional local acute psychiatric inpatient bed purchases. 50. 05-05-2005 FY 2006 Community Services Performance Contract 3.a. Fiscal Agent Board -Funded Regional Local Inpatient POS Program Model 1. One Board agrees to act as the fiscal agent for the regional Local Inpatient Purchase of Services (LIPOS) program. The Department disburses the regional LIPOS allocation to the fiscal agent Board on behalf of all of the Boards participating in the regional LIPOS program. 2. The fiscal agent Board, in collaboration with all of the participating Boards and with consultation from the Department, develops procedures that describe how the Boards will implement the regional LIPOS program and jointly manage the use of these funds on a regional basis. The procedures include regional utilization management mechanisms, such as regional authorization committees (RACs) and regional procurements of beds through contracts with private providers. Such contracts may reserve blocks of beds for use by the region or purchase beds or bed days on an as available basis. The procedures also establish and describe how unused funds can be reallocated among the participating Boards to ensure the greatest possible utilization of the funds. These procedures should be documented, preferably in an Exhibit D or less preferably in a regional memorandum of agreement (MOA). 3. The fiscal agent Board receives the semi-monthly payments of funds from the Department for the regional LIPOS program. The fiscal agent Board disburses regional LIPOS funds to individual Boards or uses such funds itself to pay for the costs of local inpatient hospitalizations that have been approved by a regional review and authorization body established by and described in the procedures in paragraph 2. The fiscal agent Board displays such disbursements on a Transfer In/Out line of the Mental Health Revenue page in its final performance contract revision and reports, and the Board receiving the transferred funds shows the receipt of these funds on the same line. Boards provide more detailed information about these transfers on the Financial Comments page of contract revisions and reports. 4. The Board that purchases local inpatient services accounts for and reports the revenues and expenses associated with its LIPOS in its final performance contract revision and CARS reports. The fiscal agent Board displays the total amount of the allocation as a revenue and all Transfers Out in its CARS reports, but it displays in its reports only the expenses for its own LIPOS. 5. The Board that purchases the local inpatient services ensures that appropriate information about consumers, services, and costs is entered into its management information system, so that the CCS 2 can extract the information and report it in the CCS 2 and applicable CARS reports. 6. Regional programs should receive the same state funding increases as regular Board grant - funded activities, such as the salary increases for community services provided from time to time by the General Assembly in the Appropriation Act. The Region 4 Acute Care Project and the Local Inpatient Purchases of Services programs are examples of this model. 51. 05-05-2005 FY 2006 Community Services Performance Contract 4. Fiscal Agent Board -Funded Contract Agency Regional Program Model 1. One Board receives state and sometimes other funds from the Department and acts as the fiscal agent for a regional program that is contracted by this fiscal agent Board to a public or private agency. The Department disburses the regional allocation to the fiscal agent Board on behalf of all Boards participating in the contracted regional program. 2. The fiscal agent Board contracts with and provides set monthly payments to a regional program provided by a public or private contract agency on behalf of all of the Boards participating in this regional program. The contract may purchase a pre-set amount of specified services from the contract agency and pay the agency a predetermined cost, whether or not the participating Boards use the services. 3. Each participating Board referring one of its consumers to this contracted regional program admits the consumer, enrolls him in the regional program service, and refers him to the contract agency. The contract agency provides information to the referring (case management) Board, and that Board maintains information about the consumer and the service units in its information system, where the CCS 2 can extract the information. 4. The fiscal agent Board provides program cost information to each referring Board, based on its use of the regional program, and the referring Board enters this information in the cost column of the program services form (pages AP-1 through AP-3) but does not enter any revenue or expenditure information in its performance contract report (CARS). The fiscal agent Board enters the revenue and expenditure information associated with the regional program on the financial forms in its performance contract report, but it enters consumer, service, and cost information on the program services form only for the consumers that it referred to the regional program. Each Board will explain the differences between the financial and program service forms in its performance contract report on the Financial Comments page. The Department will reconcile the differences among the participating Boards' reports using these comments. Because of the difficulty in calculating the program cost information for each participating Board, program cost information would only need to be included in fourth quarter performance contract (CARS) reports. 5. All of the participating Boards, to the extent practicable, determine individual Board allocations of the state and sometimes other funds received from the Department, based on service utilization or an agreed -upon formula. 6. Regional programs should receive the same state funding increases as regular Board grant - funded activities, such as the salary increases for community services provided from time to time by the General Assembly in the Appropriation Act. The crisis stabilization program operated by Rubicon in Region 4 is an example of this model. The main features of this model could be used to reflect services that one Board purchases from another Board. However, as the Regional Program Definition at the beginning of this exhibit notes, this individual Board program would not be a regional program. Unlike the model described above, both Boards would input the applicable consumer, service, and financial information, which would then be extracted by the CCS 2. 52. 05-05-2005 w+A�• 40- } CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Mayor to Execute a Mutual Aid Agreement with the United States Coast Guard MEETING DATE: August 2, 2005 ■ Background: Over the past many years, the Virginia Beach Marine Patrol and the U. S. Coast Guard developed a close working relationship while each patrolled the waters off the Virginia Beach coast. Today, this relationship is crucial to Homeland Security objectives. This Mutual Aid Agreement, reduces to writing, the scope of the aid and assistance the Virginia Beach Marine Patrol and the U. S. Coast Guard may continue to expect from each other. ■ Considerations: The mutual cooperation currently enjoyed between the Virginia Beach Marine Patrol and the U. S. Coast Guard while patrolling the waters off the Virginia Beach coast greatly increases security in and around these navigable waters while supporting the objectives of Homeland Security efforts. This Mutual Aid Agreement memorializes this pre-existing relationship. ■ Public Information: This resolution will be advertised in the same manner other Council agenda items are advertised. ■ Recommendations: Adopt Resolution ■ Attachments: Resolution Mutual Aid Agreement Summary of Terms Recommended Action: Adopt Submitting Department/A, ency: Police% City Manager: t 1 A RESOLUTION AUTHORIZING THE MAYOR TO 2 EXECUTE A MUTUAL AID AGREEMENT WITH THE 3 UNITED STATES COAST GUARD 4 5 6 7 WHEREAS, Virginia law authorizes local governments to enter 8 into reciprocal agreements for cooperation in the furnishing of 9 police services with the agencies of the Federal Government 10 exercising police powers; and 11 WHEREAS, the United States Coast Guard is such an agency; 12 and 13 WHEREAS, it is deemed mutually beneficial to the City of 14 Virginia Beach and the United States Coast Guard to enter into 15 an agreement concerning cooperation with regard to patrolling 16 the navigable waters off the coast of Virginia Beach, increasing 17 the ability of the Virginia Beach Marine Patrol and the United 18 States Coast Guard to promote the safety and security of these 19 waters while supporting Homeland Security objectives. 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 That the accompanying Mutual Aid Agreement is hereby 23 approved, and the Mayor is hereby authorized and directed to 24 execute said Agreement on behalf of the City of Virginia Beach. 25 A summary of the material terms is hereto attached and a true 26 copy of the Agreement is on file with the City Attorney. 27 Adopted by the Council of the City of Virginia Beach, 28 Virginia on the day of August, 2005. APPROVED AS TO CONTENT: CA9598 H:\PA\GG\ORDRES\Coast Guard MOU RES R2 July 11, 2005 APPROVED AS TO LEGAL SUFFICIENCY: City t o r-n'e yIs f f i c e Memorandum of Understanding between City of Virginia Beach ("City") and United States Coast Guard ("U.S.C.G.") SUMMARY OF TERMS Purpose, To establish the frame work necessary for the City to provide cooperative enforcement assistance for the U.S.C.G.'s maritime safety and security zones, thereby enhancing the safety and security of waters in Hampton Roads. Definitions: Safety Zone: A water area, shore area, or water and shore area established by the U.S.C.G., to which, for safety or environmental purposes, access is limited to authorized persons, vehicles, or vessels. It may be stationary and described by fixed limits or it may be described as a zone around a vessel in motion. Security Zone: All areas of land, water, or land and water, which are so designated by the Captain of the Port for such time as he deems necessary to prevent damage or injury to any vessel or waterfront facility, to safeguard ports, harbors, territories or waters of the Untied States or to secure the observance of the right and obligations of the United States. Enforcement Assistance: Any law enforcement activity that does not amount to enforcement action. This agreement provides for enforcement assistance only. Enforcement Action: Any law enforcement action that includes arrest or seizure. State Law does not authorize Virginia Beach Police Officers to take Enforcement Action on behalf of the Federal Government. Premises: The City Marine Patrol police officers will assist the U.S.C.G. with monitoring their safety and security zones in waters off the City's coast during the execution of joint and cooperative enforcement operations, and while conducting activities in the normal course of their business. This additional scrutiny will provide valuable assistance to the U.S.C.G. and greatly enhance the safety and security of the local area. Term: The MOU shall be in effect from the date of execution and continue for two years, and may be modified in writing with the consent of both parties at any time. After the expiration of the initial two year period, the agreement may thereafter be extended for additional two-year terms by written mutual agreement. Either party providing 30-days notice to the other party may terminate the MOU. Responsibilities of the City: • To provide enforcement assistance in the security and safety zones established by the U.S.C.G. • To report any action taken in support of the agreement to the Captain of the Port of Hampton Roads Command Center. • To report any suspicious activity or safety or security zone violations to the Captain of the Port of Hampton Roads. • To share with the U.S.C.G. all relevant evidence associated with the violation of federal laws. • At the request of the U.S.C.G., temporarily detain individuals connected with safety or security zone violations so they may be received by the U.S.C.G. within a reasonable time frame. Responsibilities of the U.S.C.G.: • Develop and promulgate an operation order for the voluntary support of police personnel and assets. • Manage mission planning, coordination and execution of operation orders. • To report violations of Virginia laws to the police department, and when able to provide witness support for any ensuing prosecution. • Provide and document training to individual police officers, as needed to support the purposes of this agreement Other Provisions • The City shall bear its costs incurred while providing enforcement assistance, including but not limited to, costs related to fuel, vessel maintenance, personnel costs, or post -enforcement action. • No agency relationship is created. Virginia Beach police officers remain employees of the City, and Coast Guard personnel remain employees of the Federal Government. • Neither party indemnifies nor holds harmless the other party. To do so would be contrary to Federal and State law. • Claims arising out of actions taken during joint operations may be forwarded to the U.S.C.G. for consideration. 2 MEMORANDUM OF AGREEMENT BETWEEN THE UNITED STATES COAST GUARD AND THE CITY OF VIRGINIA BEACH REGARDING THE ENFORCEMENT OF MARITIME SAFETY AND SECURITY ZONES I. PARTIES: The parties to this agreement are the United States Coast Guard (USCG) and the City of Virginia Beach through the Mayor and the Chief of Police. II. AUTHORITY: This agreement is authorized under the provisions of 14 U.S.C. § 141(b) (2003) 50 U.S.C. § 191 (2003) 33 U.S.C. § 1221, et seq. (2003) 33 C.F.R. Part 6 (2003) Department of Homeland Security Delegation No. 170.1 Va. Code, § 15.2-1726 III. PURPOSE: The purpose of this agreement is to set forth the framework and procedures by which the United States Coast Guard (USCG) through the Captain of the Port (COTP) Hampton Roads, will work together with the City of Virginia Beach Police, under the supervision of the Chief of Police, to enhance the safety and security of waters in COTP Hampton Roads Area of Responsibility (AOR), by providing cooperative enforcement assistance for maritime safety and security zones that are created by the Coast Guard under the authority of the Magnuson Act, as codified at 50 U.S.C. § 191, and implemented at 33 C.F.R. Part 6, and the Ports and Waterways Safety Act, as codified at 33 U.S.C. § 1221, et seq., and implemented at 33 C.F.R. Part 165. IV. ENFORCEMENT ASSISTANCE: The parties understand that there is a spectrum of activities that promote the effective enforcement of security and safety zones. This agreement applies only to enforcement assistance activities. Enforcement assistance is any law enforcement activity that does not amount to enforcement action. Enforcement action is any law enforcement activity that would include an arrest or seizure. In carrying out enforcement assistance activities, police officers may be present within a designated safety or security zone, created by the Coast Guard, when authorized by COTP Hampton Roads, this agreement, or relevant operation order. While present, such officers are authorized to monitor activities within such zone, detect and report potential violations of federal law to the Coast Guard and reasonably detain individuals, when necessary. While patrolling, police officers are authorized to approach and hail other vessels within the zone, so long as such activities are lawful under the law of the Commonwealth of Virginia. V. LEGAL AUTHORITIES: A. U. S. Coast Guard. COTP Hampton Roads, the Fifth District Commander, and the Atlantic Area Commander are authorized to create and enforce limited access zones for the security and protection of maritime assets, both afloat and ashore, within the waters of Virginia that are subject to federal jurisdiction. 1. A safety zone, according to 33 C.F.R. § 165.20, is "a water area, shore area, or water and shore area to which, for safety or environmental purposes, access is limited to authorized persons, vehicles, or vessels. It may be stationary and described by fixed limits or it may be described as a zone around a vessel in motion." The Coast Guard's authority to issue a regulation creating a safety zone arises under Title I of The Ports and Waterways Safety Act (PWSA). See, 33 U.S.C. § 1231. These zones are established when necessary for the protection of any vessel, structure, waters, or shore area from a safety or environmental hazard. 2. A security zone, according to 33 C.F.R. § 6.01-5, is "all areas of land, water, or land and water, which are so designated by the Captain of the Port for such time as he deems necessary to prevent damage or injury to any vessel or waterfront facility, to safeguard ports, harbors, territories, or waters of the United States or to secure the observance of the rights and obligations of the United States." The Coast Guard's authority to issue a regulation creating a security zone arises under the Magnuson Act and also arises under Title I of The Ports and Waterways Safety Act (PWSA). See 50 U.S.C. §191 and 33 U.S.C. § 1231 respectively. Security zones are used for national security interests rather than strictly for safety considerations. 3. The parties agree that the existence of a safety or security zone does not in any way foreclose other legitimate, law enforcement activities of the police or actions within or in the vicinity of such safety or security zone. 4. Other Coast Guard Powers Not Delegated. This agreement does not constitute a delegation of Coast Guard authorities to take any law enforcement action pursuant to 14 U.S.C. 89(a) or to direct the movement of vessels under the authority of the Captain of the Port pursuant to federal law or regulation. B. City of Virginia Beach Police: Pursuant to §15.2-1726 of the Virginia Code, any locality may enter into an agreement with any agency of the federal government exercising police powers for cooperation in the furnishing of police services. This agreement is concluded pursuant to §15.2-1726. VI. RESPONSIBILITIES: A. USCG. 1. COTP Hampton Roads shall develop and promulgate an operation order for the voluntary support of police personnel and assets to assist in the enforcement of Coast Guard safety and security zones before any police unit may engage in any enforcement activities or operation under this agreement. 2. Mission planning, coordination and execution between the USCG and the police department will be managed by the COTP Hampton Roads. 2 Police personnel shall only be authorized to engage in enforcement assistance relative to a Coast Guard created safety or security zone to the extent its operations are pursuant to an approved operation order. 3. As determined by the USCG, police department and USCG units will maintain a communications schedule during all joint or cooperative enforcement operations. The parties to this agreement will utilize compatible communications equipment, such as VHF radio, during joint operations. 4. COTP Hampton Roads or his or her designee, reserves the right to assume responsibility for any or all enforcement activities relating to any safety or security zone, at any time, when such action is deemed, in the opinion of COTP Hampton Roads most appropriate and in the public interest. 5. Operations permitting, the Coast Guard agrees to report any violations of Virginia laws observed by its officers to the police department. To the extent permitted by law, the Coast Guard agrees to provide witness support for any ensuing prosecution or other action. B. City of Virginia Beach Police. 1. When police personnel are on patrol, but are not operating pursuant to a Coast Guard approved operation order, police officers may engage in enforcement assistance activities concerning USCG safety or security zones without first obtaining permission from the COTP Hampton Roads. However, in such cases, police officers should report all relevant facts and circumstances to the COTP Hampton Roads Command Center. 2. Under exigent circumstances and when in the experience of the police officers, immediate intervention is necessary to avoid a serious violation of a safety or security zone, in which the police officers have a reasonable belief that there is an imminent threat of death or serious physical injury to any person, police officers may take necessary action and report their actions to the COTP Hampton Roads, Command Center as soon thereafter as is practicable under the circumstances. 3. When it reasonably appears that violation of a safety or security zone is also accompanied by a violation of Virginia law, police officers may take enforcement action and are not required to obtain advance permission from the Coast Guard, provided arrest and all enforcement action is taken pursuant to law of the Commonwealth of Virginia. However, in all cases in which police officers possess evidence that a violation of federal law did, in fact, also occur, such officers are encouraged to share all relevant evidence with the Coast Guard. 4. When operating independently, the City of Virginia Beach Police agree to notify the COTP Hampton Roads or his or her designee, of any 3 suspicious activity or safety or security zone violations as soon as practicable. 5. When, upon the Coast Guard's request, police officers temporarily detain an individual in connection with a safety or security zone violation, the USCG agrees to receive such individuals within a reasonable time, and further agrees to make necessary arrangements for disposition in connection with the case. When the police officers arrest or detain an individual, or seizes an individual's assets in connection with a violation of Virginia law, the City of Virginia Beach Police shall be responsible for any further actions or arrangements. C. USE OF FORCE 1. Nothing in this agreement impairs the inherent right of self-defense by law enforcement personnel of either the USCG or the City of Virginia Beach Police. Except as provided in paragraph 4, below, nothing in this agreement shall act to limit or restrict the City of Virginia Beach Police in employing legally authorized use of force. 2. All USCG personnel shall, at all times, follow the USCG use of force policy as most recently specified through applicable Commandant instructions and manuals, and as may be further defined by District or higher authority. 3. In joint operations between the USCG and the City of Virginia Beach Police for the enforcement of safety or security zones where police officers are onboard USCG platforms, USCG use of force policy shall apply at all times. USCG law enforcement personnel shall comply with the USCG use of force policy while deployed onboard City of Virginia Beach Police platforms. 4. The City of Virginia Beach Police may engage in patrols and enforcement assistance relative to a federal safety or security zone, without the supervision of the Coast Guard, by operating independently aboard their own marine police platforms. However, before undertaking enforcement assistance independently and without the supervision of the Coast Guard, the City of Virginia Beach Police must submit documentation, regarding their use of force policy, to the Commander of the Fifth Coast Guard District for review. The Commander of the Fifth Coast Guard District will review this documentation to ensure that the application of the City of Virginia Beach use of force policy, in the context of this agreement, will not conflict with policy guidance set forth in the Coast Guard's Maritime Law Enforcement Manual (COMDTINST M16247.1C). In joint operations, USCG and police personnel shall meet to clarify and agree upon the use of force policy under which each agency is operating. Except as described above, when using force for any reason other than enforcement assistance, in support of a safety or security zone, the City of Virginia Beach use of force policies shall apply. 4 5. Police officers exercising authority under this agreement shall submit written documentation of any action taken pursuant to this agreement to the COTP Hampton Roads. Such documentation shall include, but shall not be limited to, case investigation reports, a copy of any written warning or documentation of violation, and any supporting exhibits, affidavits, photographs or other evidence gathered. Additionally, the police officers shall, as soon as reasonably possible, notify the COTP Hampton Roads, or his/her designee, of any enforcement assistance taken or provided in connection with a safety or security zone. Before forwarding any written reports, the police personnel shall review all such reports for accuracy and completeness and shall determine the cause and circumstances surrounding each reportable incident. All reports will be submitted on a timely basis. 6. Police officers will be made available, upon request by the USCG or a representative from the Department of Justice, to appear as witnesses as needed. Police officers who appear in cases related to this agreement may request official travel orders to be reimbursed for travel expenses and per diem (at rates authorized under the Federal Travel Regulations), for travel incurred while providing direct services to the Federal Government as a witness, in accordance with applicable federal law. E. REIMBURSEMENT: The parties understand that the Coast Guard will not pay or reimburse the City of Virginia Beach Police for any activities undertaken by the police personnel pursuant to this agreement, if any, unless such payment or reimbursement is approved in advance in accordance with applicable federal procurement regulations. Absent such prior approval, the City of Virginia Beach Police shall bear its own costs incurred while providing enforcement assistance, including, but not limited to, costs related to fuel, vessel maintenance, personnel costs, or post -enforcement actions. Nothing herein shall be construed as limiting the City of Virginia Beach ability to seek or receive grants or funding from the federal government. VII. TRAINING: Operations should not be undertaken pursuant to this agreement until the City of Virginia Beach police officers have received training to the satisfaction of COTP Hampton Roads. The USCG will provide and document such training to individual police officers, as needed to support the purposes of this agreement. Such training shall include instruction on USCG use of force policy and the USCG use of force continuum, as well as the legal regime applicable to safety and security zone enforcement strategies. Similarly, the City of Virginia Beach may, at its option, provide instructors and facilities for the training of Coast Guard personnel. VIII. CIVIL LIABILITY AND AGENCY: A. No agency relationship is created. City of Virginia Beach police officers shall not be deemed federal officers, agents, or employees of the federal government, as defined and provided for in Title 5, United States Code, for any purposes. No employee of the City of Virginia Beach shall be deemed to be a federal employee for the purposes of any law or regulation administered by the office of personnel W management, nor shall any such police officer be entitled to any additional pay, allowance, or inducement from the federal government. Nothing in this provision creates any employment status or requires the United States to provide any employment or disability benefits to any City of Virginia Beach employee. B. The City of Virginia Beach Police understand that a USCG request for assistance does not confer any privileges or immunities to the City of Virginia Beach or its officers under federal law. The City of Virginia Beach Police is viewed as assisting the USCG pursuant to its own organic statutory authority and other, applicable Virginia law. As such, state law shall govern any causes of action, immunities, or remedies based upon the actions of City of Virginia Beach Police, unless, at the election of the United States, such action is removed to federal court upon proper motion. However, at its option, the United States may elect to seek representation for police officers when necessary or when, in the judgment of the Coast Guard, such representation is in the best interests of the federal government. The U. S. Department of Justice is the final authority for making such determinations on behalf of the United States. C. The Coast Guard does not agree to indemnify any City of Virginia Beach police officer or the City of Virginia Beach for any matter arising out of activities related to this agreement, as such a promise would violate federal law. See 31 U.S.C. § 1331. However, any claims arising out of actions taken during joint operations, pursuant to the terms of this agreement, can be forwarded to the U.S. Coast Guard for consideration in accordance with 14 U.S.0 § 646. The City of Virginia Beach does not agree to indemnify any employee of the Coast Guard for any matter arising out of activities related to this agreement, such a promise would violate the City's sovereign immunity, which may only be explicitly waived by statute enacted by the Virginia General Assembly. D. City of Virginia Beach Police vessels, when operating pursuant to this agreement and an approved operation order, and when actually engaged in enforcement activities pursuant thereto, are deemed public vessels of the United States pursuant to 14 U.S.C. § 827, and deemed vessels of the Coast Guard pursuant to 14 U.S.C. § 646 only. IX. POINTS OF CONTACT: A. For the USCG: LCDR Tom Tarrants Chief, Ports, Waterways & Coastal Security Branch Marine Safety Office c/o Group Hampton Roads 4000 Coast Guard Blvd. Portsmouth, VA 23703 (757) 483-8571 R For the City of Virginia Beach: SGT. Andrew Spiess Special Operations Virginia Beach Police Department 2667 Leroy Drive Virginia Beach, VA 23456 (757) 427-4045 X. CONFLICT OF LAW: Nothing in this agreement is intended to conflict with current law or regulation or the directives of the USCG or the department in which the Coast Guard is operating, the Commonwealth of Virginia or the City of Virginia Beach. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect. XI. EFFECTIVE DATE: The terms of this agreement will become effective on the date it is signed by all parties. XII. MODIFICATION: This agreement may be modified upon the mutual written consent of the parties. XIII. TERMINATION: The terms of this agreement will remain in effect for two years after the effective date. The parties will review the agreement every two years and may extend or alter the agreement in two-year increments by written mutual agreement. All alterations will be documented in a letter, signed by cognizant representatives of both parties, and appended to each party's copy of the original agreement. The parties will determine at each review whether the alterations require the agreement to be rewritten. Either party may terminate this agreement upon thirty days written notice to the other party. FEWUI 63&M107:" UNITED STATES COAST GUARD: CITY OF VIRGINIA BEACH: By: ROBERT O'BRIEN CAPTAIN OF THE PORT HAMPTON ROADS By: MEYERA OBERNDORF MAYOR, CITY OF VIRGINIA BEACH Date: Date: ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VA, ON: Date: APPROVED A CONTE By: A. JAKE" JAC KS, JR. CHIE , CITY OF VIR INIA BEACH POLICE Date: 1 �,�--�'l 42P.S APPROVED AS TO LEGAL SUFFICIENCY: 4ByR DIL N UNTREE ASSOCIATE CITY ATTORNEY VIRGINIA BEACH CITY ATTORNEY'S OFFICE Date: \ �� ma's 1. -44 (~S 2 pJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment request into City property known as Broad Bay Canal adjacent to 2404 Windward Shore Drive, by Wolfgang J. and Terri J. Bay MEETING DATE: August 21 2005 ■ Background: Dr. and Mrs. Bay request permission to construct and maintain a boat lift and an open pile timber pier at the rear of their property located at 2404 Windward Shore Drive, Virginia Beach, VA. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the agreement. There are similar encroachments in Broad Bay Canal in the Broad Bay Island subdivision, which is the location of the proposed encroachments. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the agreement. ■ Attachments: Ordinance, Agreement, Plat and Pictures. Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate $rX City Manage ; Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF CITY PROPERTY KNOWN AS BROAD BAY CANAL LOCATED BEHIND 2404 WINDWARD SHORE DRIVE BY WOLFGANG J. BAY AND TERRI J. BAY, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Wolfgang J. Bay and Terri J. Bay desire to construct and maintain a 14 boat lift and open pile timber pier within the City property located behind 2404 Windward 15 Shore Drive, Virginia Beach, Virginia. 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's right-of-way subject to such terms and conditions as Council may prescribe. 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Wolfgang J. Bay and Terri J. 23 Bay, their heirs, assigns and successors in title are authorized to construct and maintain 24 a temporary encroachment for a boat lift and open pile timber pier on the City property 25 as shown on the map entitled: "PROPOSED PIER & BOAT LIFT IN : BROAD BAY 26 CANAL AT: VA. BEACH DATE: 11/11/03 REV: 2/2004 SHEET 1 OF 2" a copy of which 27 is on file in the Department of Public Works and to which reference is made for a more 28 particular description; and 29 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 30 subject to those terms, conditions and criteria contained in the Agreement between the 31 City of Virginia Beach and Wolfgang J. Bay and Terri J. Bay (the "Agreement"), which is 32 attached hereto and incorporated by reference; and 33 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 34 is hereby authorized to execute the Agreement; and 35 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 36 time as Wolfgang J. Bay and Terri J. Bay and the City Manager or his authorized 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 designee execute the Agreement. day of Adopted by the Council of the City of Virginia Beach, Virginia, on the 2005. APPROVED AS TO CONTENTS 1— C. &65!1n' S NATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM City A NEY CA- 9652 PREPARED: 6/10/05 F:IDataIATYIOrdinINONCODEIPW ORDINICA9652 Bay.doc PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE THIS AGREEMENT, made this 3 ' day of h , 2005, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and WOLFGANG J. BAY AND TERRI J. BAY, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 42, Section 1, Bay Island" as shown on plat entitled, "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT Scale 1"= 100' FEBRUARY 1958" on a plat recorded in Map Book 45 at Page 37, in the Clerk's Office of the Circuit Court in the City of Virginia Beach, Virginia, and being further designated and described as 2404 Windward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a pier and boat lift "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City property known as Broad Bay Island Lake "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 1499-98-5533-0000 1 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "PROPOSED: PIER & BOAT LIFT IN: BROAD BAY CANAL AT: VA. BEACH DATE: 11/11/03 REV. 2/20/04," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of 2 any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the 3 collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Wolfgang J. Bay and Terri J. Bay, the said Grantee has caused this Agreement to be executed by his/her/their signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager .19 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2005, by DESIGNEE OF THE CITY MANAGER. My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: BEACH. CITY MANAGER/AUTHORIZED Notary Public The foregoing instrument was acknowledged before me this day of 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA Notary Public My Commission Expires: STATE OF V A CITY/COUNTY OF o-wit: 1h The foregoing instrument was acknowledged before me this day of , 2005, by Wolfgang J. Bay. W Notary Public My Commission Expires: Wi STATE OF VA V CITY/COUNTY OFrl� to -wit: The foregoing instrument was acknowledged before me thi3� day of 2005, by Terri J. Bay. My Commission Expires: APPROVED AS TO CONTENTS qWn. C , SIGNATURE DEPARTMENT W Notary Public APPROVED AS TO LEGAL SUFFICIENCY AND FORM 0 SE. R/V Zt-1 ,/ BAY ISLAND m 1 1 1-3 m 0m, :� LOCATION MAP SHOWING PROPERTY OWNED BY WOLFGANG J. BAY AND TERRY J. BAY FOR A PIER 2404 WINDWARD SHORE DRIVE G PIN 1499-98- 5553-0000 SCALE:1" = 200' WINDWARD SHORE.DGN M.J.S. PREPARED BY PAIN ENG. CADD DEPT. JUNE 15, 2005 �1 f tl- 1 7L) 5 add 1 PltpPosE� P�� �� I sr THE l iERs� °r -pjE cR",twt. I �D ��°u�A Nor GRv.SE i 7 106E 2.5ccaS S p21VEra " Fc1 r1F i. :5 Pc"�:!=IC✓ii= -P' '6� (�ROpoSE��L�,, �41AP60 0 Pcv�, L -1—. —7`1 r,, ,e Eve_ j I�Ir vti,� I5'' Q ✓�cT r- c j j colvc. 103 0/7, c'Y BRICK ,1 FEN! E 1.70' 1 WALK "' INSIDE /F . 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Y Y 4 All a \ A�gr" � �x r � -11 :z) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Appointing Three (3) Viewers for One -Year Terms Beginning July 1, 2005, to View Each Street or Alley Proposed to be Closed MEETING DATE: August 2, 2005 ■ Background: Pursuant to authority granted to the City of Virginia Beach by the General Assembly during its 1997 Session, City Council, by ordinance adopted June 23, 1998, added a new § 33-111.2 to the City Code which provides for the appointment of three (3) viewers for one-year terms, beginning July 1 of each year, to view each and every street or alley proposed to be altered or vacated during the term of such viewers. ■ Considerations: Since the terms of the viewers appointed by City Council on June 22, 2004, expired on June 30, 2005, it is necessary to appoint viewers for one- year terms beginning July 1, 2005. ■ Recommendations: Adoption of the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Planning City Manager: 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS 2 FOR ONE-YEAR TERMS BEGINNING JULY 1, 2005, 3 TO VIEW EACH STREET OR ALLEY PROPOSED TO BE 4 CLOSED 5 6 7 WHEREAS, Section 33-11.2 of the City Code provides that 8 "[t]hree (3) viewers shall be appointed each year to serve terms 9 of one year beginning July 1 to view each and every street or 10 alley proposed to be altered or vacated during the term;" and 11 WHEREAS, it is the desire of City Council to appoint the 12 Directors of the Departments of Planning, Public Works and Parks 13 and Recreation to serve as viewers for one-year terms, beginning 14 July 1, 2005 and ending June 30, 2006. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA: 17 That the Director of Planning, Director of Public Works and 18 Director of Parks and Recreation of the City of Virginia Beach 19 are each hereby appointed as a viewer to serve a one-year term 20 beginning July 1, 2005 and ending June 30, 2006, to view each 21 and every application to close a street or alley, and to report 22 in writing whether in their opinion, any, and if any, what 23 inconvenience would result from discontinuing the street or 24 alley or portion thereof. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of August, 2005. CA-9721 H:\OID\Ord&Res\Proposed\Viewers ord.doc R-1 July 27, 2005 APPROVED AS TO CONTENT: �t 1.11-oS Department of Planning APPROVED AS TO LEGAL SUFFICIENCY: City Attorney s ice 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $500,000 from the Fund Balance of the Inmate Services Special Revenue Fund and $100,000 From the Sheriff's Department Special Revenue Fund to the FY 2005-06 Capital Budget to Initiate Design and Site Selection Work for Capital Project #3-299, "Sheriffs Workforce/Work Release Facility — Design and Site Selection" MEETING DATE: August 2, 2005 ■ Background The relocation of the Sheriff's Workforce/Work Release units has been requested but not funded in the Capital Improvement Program for several years. The request would initiate design and site selection work for the construction of a facility to house work release and workforce inmates and provide space for the Sheriff's Workforce staff and equipment. The current Work Release Facility (also known as Annex II) established in 1990, is a leased facility located in Princess Anne Executive Park. The annual lease paid by the City is approaching $250,000. The Sheriffs Workforce is temporarily located in the old Landscape Services building on Glebe Road. This building is slated to be demolished after the completion of Correctional Center I & II renovations. This request would establish CIP Project #3-299 and provide funding for preliminary design work and evaluations of various sites for a joint facility. This project then would be considered in conjunction with other requested City needs during the budget process. ■ Considerations Funding is available in the Inmate Services Special Revenue Fund and the Sheriffs Department Special Revenue Fund to appropriate $500,000 from the fund balance of the Inmate Services Fund and $100,000 from the fund balance of the Sheriff's Department Special Revenue Fund to CIP Project #3-299 Sheriff's Workforce/Work Release Facility Relocation. ■ Public Information Public information will be handled through the normal Council agenda process. ■ Recommendations Establish CIP # 3-299, Sheriff's Workforce/Work Release Facility — Design and Site Selection. Appropriate $500,000 from the fund balance of the Inmate Services Special Revenue Fund and $100,000 from the Sheriffs Department Special Revenue Fund to fund design and site selection activities. ■ Attachments Ordinance Recommended Action: Approval Submitting Department/Agency: Sheriff City Manager: V 7�v. 1 AN ORDINANCE TO APPROPRIATE $500,000 FROM THE 2 FUND BALANCE OF THE INMATE SERVICES SPECIAL 3 REVENUE FUND AND $100,000 FROM THE SHERIFF'S 4 DEPARTMENT SPECIAL REVENUE FUND TO THE FY 5 2005-06 CAPITAL BUDGET TO INITIATE DESIGN AND 6 SITE SELECTION WORK FOR CAPITAL PROJECT #3- 7 299, "SHERIFF'S WORKFORCE/WORK RELEASE 8 FACILITY - DESIGN AND SITE SELECTION" 9 WHEREAS, funding is available from the fund balances of the 10 Inmate Services and Sheriff's Department Special Revenue Funds to 11 fund initial design and site selection work for CIP Project #3-299, 12 "'Sheriff's Workforce/Work Release Facility - Design And Site 13 Selection." 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 (1) The FY 2005-06 Capital Budget is'hereby amended as 17 follows: 18 (a) Capital Project #3-299, "Sheriff's Workforce/Work 19 Release Facility - Design and Site Selection" is 20 hereby established. 21 (b) That $500,000 is hereby appropriated from the fund 22 balance of the Inmate Services Special Revenue Fund 23 to CIP Project #3-299, "Sheriff's Workforce/Work 24 Release Facility - Design and Site Selection," for 25 initial design and site selection work. 26 (c) That $100,000 is hereby appropriated from the fund 27 balance of the Sheriff's Department Special Revenue 28 Fund to CIP Project #3-299, "Sheriff's 29 Workforce/Work Release Facility - Design and Site 30 Selection," for initial design and site selection 31 work. 32 (d) That revenue from Fund Balance is hereby increased 33 by $600,000. 34 Adopted by the Council of the City of Virginia Beach, Virginia 35 on the day of 2005. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Department of Management Cit Attorney's Of ice Services CA9646 H:\PA\GG\OrdRes\Sheriff's Workforce Facility ord R-4 July 22, 2005 �r�n ySy .I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $305,736 from the State Compensation Board and $290,960 from the Fund Balance of the Sheriffs Department Special Revenue Fund to the Department of Sheriff and Corrections' FY 2005-06 Operating Budget to Provide Funding for the 4.4% State Pay Increases for Uniformed Sheriff's Personnel Retroactively to July 1, 2005 MEETING DATE: August 2, 2005 ■ Background: As a Special Revenue Fund, the Department of Sheriff and Corrections must work within the limits of those funds appropriated by City Council. Any additional funds the Sheriff receives must come before City Council to be appropriated. Occasionally, that funding comes outside the City Budget Cycle. The State budget included a 4.4% increase in the deputies' "Compensation Board" salary effective December 1, 2005. The City provides funding for salary supplements as authorized by City Council for 100% City authorized positions and as a match for State positions. This funding is held in the City's salary reserve and is transferred as needed for this support. The Sheriff proposes accelerating the State funded increase retroactive to July 1, 2005, using the Fund Balance from Sheriff's Department Special Revenue Fund. ■ Considerations: The additional revenue estimated from the State Compensation Board related to the December 1st salary increase is $305,736. In order to advance the salary increase from December 1s' to July 1st , an appropriation of $290,960 is needed from the Fund Balance of the Sheriff's Department Special Revenue Fund. A total of $298,471 has previously been appropriated with the FY 2005-06 Operating Budget and has been set aside in a dedicated reserve to provide the City's portion of the anticipated state increase. This funding will be transferred to the Department as supplementary funding as needed. ■ Public Information: Public information will be handled through the normal agenda process. ■ Recommendations: Appropriate $305,736 in additional revenue from the State Compensation Board to the Sheriff's FY 2005-06 Operating Budget for a 4.4% salary increase for uniformed positions. Appropriate $290,960 from the Fund Balance of the Sheriff's Department Special Revenue Fund to advance the 4.4% pay increases provided by the state to July 1, 2005. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Sheriff and Corrections City Manager.k"�c�J 1 AN ORDINANCE TO APPROPRIATE $305,736 FROM 2 THE STATE COMPENSATION BOARD AND $290,960 3 FROM THE FUND BALANCE OF THE SHERIFF'S 4 DEPARTMENT SPECIAL REVENUE FUND TO THE 5 DEPARTMENT OF SHERIFF AND CORRECTIONS' FY 6 2005-06 OPERATING BUDGET TO PROVIDE FUNDING 7 FOR THE 4.4% STATE PAY INCREASES FOR 8 UNIFORMED SHERIFF'S PERSONNEL RETROACTIVELY 9 TO JULY 1, 2005 10 11 WHEREAS, the Sheriff has requested the use of Fund Balance 12 from the Sheriff's Department Special Revenue Fund to advance 13 the 4.4% pay raises for uniform personnel granted by the State 14 Compensation Board to be effective December 1, 2005, 15 retroactively to July 1, 2005; and 16 WHEREAS, this request qualifies for use of fund balance 17 because state revenue provides the on -going support beginning in 18 December, 2005. 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 1. That $305,736 is hereby appropriated from the State 22 Compensation Board to the Department of Sheriff and Corrections' 23 FY 2005-06 Operating Budget to fund pay raises for Sheriff's 24 employees, with state revenue increased accordingly. 25 2. That $290,960 is hereby appropriated from the Fund 26 Balance of the Sheriff's. Department Special Revenue Fund to the 27 Department of Sheriff and Corrections' FY 2005-06 Operating 28 Budget to provide one-time funding to advance the 4.4% pay 29 raises for uniform personnel to July 1, 2005, with local revenue 30 increased accordingly. 31 3. That $298,471 that has been set aside in a dedicated 32 reserve in the General Fund for pay increases is hereby 33 transferred as needed to the Sheriff Department's Special 34 Revenue Fund to the Department of Sheriff and Corrections' FY 35 2005-06 Operating Budget to fund the fringe benefit and 36 increases to the salary supplement portion of the pay increases 37 for Sheriff's personnel. 38 Accepted by the Council of the City of Virginia Beach, 39 Virginia on the day of Jr 2005. Approved as to Content Management Services / CA9682 H:\PA\GG\OrdRes\Sheriff Pay Ord R-3 July 22, 2005 Approved as to Legal Sufficiency L City Attorneys Office 36 A regular member shall, when he knows he will be absent from a 37 meeting, notify the chairman of such fact. The chairman shall 38 select an alternate to serve in the absent member's place and the 39 records of the board shall so note. 40 41 Adopted by the Council of the City of Virginia Beach, 42 Virginia, on this 2" day of July, 2002. CA-8550 wmm\ordres\02-72ord.wpd June 25, 2002 R-1 1 AN ORDINANCE PROVIDING FOR THE 2 APPOINTMENT OF ALTERNATES TO THE 3 CITY PERSONNEL BOARD 4 5 Section Amended: City Code Section 2-72 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 2-72 of the City Code is hereby amended and 9 reordained, to read as follows: 10 Sec. 2-72. Personnel board --Established; composition; 11 appointment, terms and compensation of members; 12 etc. 13 (a) There is hereby established a personnel board consisting 14 of five (5) qualified voters appointed by the council for a term of 15 three (3) years. Of those first appointed, one shall be appointed 16 to serve for one year, two (2) for two (2) years and two (2) for 17 three (3) years. Thereafter, members shall be appointed for the 18 full term of three (3) years. Members shall serve until a 19 successor has been appointed. Vacancies shall be filled by the 20 council by appointment for the unexpired portion of the term. One 21 member of the board shall always be a member of the merit service, 22 as defined in section 2-76 and shall be employed at a level below 23 that of a bureau head. The board shall choose one of its members 24 to be the chairperson and one member to be the vice -chairperson for 25 a term of one year. The personnel board shall abide by the 26 personnel board hearings procedure. 27 (b) The director of personnel or a designated alternate staff 28 member shall serve as secretary to the personnel board and shall 29 attend all meetings with no voting privileges. 30 (c) A majority of the members of the personnel board shall 31 constitute a quorum. Members of the board shall receive such 32 compensation as may be authorized by the council. 33 (d) The city council may appoint not more than two alternates 34 to the board The qualifications, terms and compensation of 35 alternate members shall be the same as those of regular members. -24- Item V-J.1. ORDINANCES ITEM # 49881 Upon motion by Vice Mayor Mandigo, seconded by Councilman Jones, City Council ADOPTED: Ordinances to AMEND City Code: a. §§ 23-51 and 23-53.1 re tattooing and body piercing. b. § 2-72 re to provide for the appointment of Alternates to the Personnel Board. Voting: 11-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Vice Mayor Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 2, 2002 K. APPOINTMENTS BOARD OF ZONING APPEALS DEVELOPMENT AUTHORITY EASTERN VIRGINIA HEALTH SYSTEMS AGENCY HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA PARKS AND RECREATION COMMISSION PERSONNEL BOARD ALTERNATES PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O I M B L C E S L DATE: 7/12/05 D C M R C A W PAGE: 1 I D J L A N R H N I E Y O A D D E M U L W Z N N D O E I E S O AGENDA IT# SUBJECT MOTION VOTE E E E A O R V V O L R S N X F E LL�L� JD I. BRIEFING: A. HEALTH SERVICES ADVISORY Dr. Glenn Snyders, BOARD Chairman, access to basic health services Karen Bernard, Angela Scott, Bd Members I AIM CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VN/E SESSION F MINUTES APPROVED 10-0 Y Y Y Y A Y Y y Y Y Y B INFORMAUFORMAL SESSIONS S 07/05/05 T A I N E D Resolution AUTHORIZING operating ADOPTED, 10-1 Y Y Y N Y Y Y Y Y Y Y G/H/I/1 agreement with Virginia Beach BY CONSENT Performing Arts Center Foundation, Inc. Ordinance to SET annual salaries DEFERRED, 11-0 Y Y Y Y Y Y Y Y Y Y Y 2 Council effective July 1, 2006 BY CONSENT, FOR "PUBLIC COMMENT" 8/2/05 & ACTION 8/9/05 3 Ordinance to AUTHORIZE acquisition, ADOPTED, 10-1 Y Y Y N Y Y Y Y Y Y Y for public purposes, portion of BY CONSENT property for future expansion of I-264 from WEDGEWOOD ASSOC / AUTHORIZE all documents including option agreement for another portion of "Flyover Area" (KEMPSVILLE — DISTRICT 2) Ordinance to ACCEPT / ADOPTED, 10-1 Y Y Y N Y Y Y Y Y Y Y 4 APPROPRIATE $147,996 from U.S. BY CONSENT Dept of Justice's COPS 2005 Technology grant to Police re a modem oceanfront camera system 5 Resolution to ASSIGN Mariner's rights / DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y obligations under a Joint Use Agreement for Sportsplex to Virginia Beach Soccer, LLC TO 8/2/05, BY CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O 1 M B L C E S L DATE: 7/12/05 D C M R C A W PAGE: 2 I D J L A N R H N I E Y O A D D E M U L W Z N N D O E I E S O AGENDA SUBJECT MOTION VOTE E E E A O R V D V O N O 7___ L R S N X F E T A D Ordinance to AUTHORIZE lease for a ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y 6 parcel at Rudee Inlet with the U.S. Coast Guard re Rudee Navigation Aids BY CONSENT ly ly 7 Ordinance to ACCEPT / ADOPTEDJ 10-1 Y Y Y N Y Y Y Y Y Y Y APPROPRIATE $107,781 state REVISED, BY funding / TRANSFER the Pretrial / CONSENT Community Corrections program to Human Services J/1 7-ELEVEN, INC. for CUP: fuel sales APPROVED / 11-0 Y Y Y Y Y Y Y Y Y Y Y with a convenience store at 4554 Wishart CONDITIONED, BY CONSENT Rd (DISTRICT 4 — BAYSIDE) 2 WAWA, INC. for CUP: gasoline sales APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y with a convenience store at Diamond /CONDITIONED, Springs Rd /Northampton Blvd. BY CONSENT (DISTRICT 4 — BAYSIDE) AZALEA GARDEN CHURCH OF MODIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y 3 GOD Modification of CUP (approved /CONDITIONED, Aug 25, 1998) re Food Bank building at BY CONSENT 1541 Centerville Turnpike. (DISTRICT 1 — CENTERVILLE) 4 BILLY W. CHAPLAIN closure of APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y portion of Rudee Ave at 13`h Street CONDITIONED ly (DISTRICT 6 — BEACH) UPON COMPLIANCE BY CONSENT ADD ROBIN G. and G. DAVID WALTRIP/ ADDED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y ON JOHN WARD JR. closure of portion of APPROVED, Sunny Ave Athens Boulevard BY CONSENT, request to extend time for compliance TO EXTEND (DISTRICT 4 — BAYSIDE) COMPLIANCE TO 11 / 12/05 APPOINTMENTS: RESCHEDULED B Y C O N S E N S U S K Beaches and Waterways Commission Eastern Virginia Health Systems Agency Investment Partnership Advisory Committee - PPEA Recess to Closed Session re Personel/ APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y L/M ADD Legal/ Public Contract @ 6:18PM ON Certify Closed Session @7:48 PM Y CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y ADD ON ADJOURNMENT 7:SOPM N