OCR Scan (approximately)

This OCR scan may contain automatically generated text as generated using Apache Tika and Tesseract. It may not be correct. No effort has been made to correct any of these scans (so far). These OCR scans are also used in the site's Search feature. Please review the Search Policy for details about the site features. The OCR scan is provided here for reference purposes. It provides searchable text when the underlying document might not. But the scan process may not always work perfectly.

Agenda                        Board of Supervisors         August 3, 2020
Revised 8/1/2020
Russell County Page 1
RUSSELL COUNTY
BOARD OF SUPERVISOR’S MEETING
AGENDA – AUGUST 3, 2020
BOS Board Room                Regular Meeting               5:00 PM
Russell County Governmental Center
Lebanon, Virginia 24266
The Russell County Board of Supervisors Meetings will be held pursuant to the Russell County Emergency Ordinance of April
6, 2020 to allow for the Continuity of Government Operations During the Pandemic, including Altering the Process for Conducting Public
Meetings; Restricting the Use of Public Buildings or Facilities; Providing Additional Powers to the Director of Emergency Management to
Incur Costs, Waive Procedures, and Take Other Temporary Actions; and Suspending Deadlines and Procedures.
CALL TO ORDER & ROLL CALL – Clerk of the Board
EXECUTIVE SESSION (CLOSED) – Legal Matters

(SCHEDULED ONE HOUR BEFORE REGULAR BOS MEETING - - REGULAR BOS MEETING BEGINS AT 6 P.M.)
INVOCATION – Chairperson
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
APPROVAL OF AGENDA
NEW BUSINESS

Approval of Minutes.  Consider approval of the minutes of the

following meeting of the Russell County Board of Supervisors………………A-1

a. Unapproved minutes of July 6, 2020
b. Unapproved minutes of July 8, 2020

Approval of Expenditures. Consider approval of expenditures

presented for payment….……………………….……………………………….…….A-2
Agenda Board of Supervisors August 3, 2020
Revised 8/1/2020
RUSSELL COUNTY
BOARD OF SUPERVISOR’S MEETING
AGENDA - AUGUST 3, 2020
BOS Board Room Regular Meeting 5:00 PM
Russell County Governmental Center
Lebanon, Virginia 24266
‘The Russell County Board of Supervisors Meetings
ill be held pursuant to the Russell County Emergency Ordinance of April
wr the Continuity of Government Operations During the Pandemic, including Altering the Process for Conducting Public
of Public Bi ‘the Director of Emergency Management to
es, and Take Other Temporary Actio Suspet cadlines and Procedures.
CALL TO ORDER & ROLL CALL - Clerk of the Board
EXECUTIVE SESSION (CLOSED) - Legal Matters
(SCHEDULED ONE HOUR BEFORE REGULAR BOS MEETING – REGULAR BOS MEETING BEGINS AT 6 P.M.)
INVOCATION — Chairperson
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
APPROVAL OF AGENDA
NEW BUSINESS

Approval of Minutes. Consider approval of the minutes of the
following meeting of the Russell County Board of Supervisors…

a. Unapproved minutes of July 6, 2020
b. Unapproved minutes of July 8, 2020

Approval of Expenditures. Con
presented for payment.

ler approval of expenditures
Russell County Page 1
Agenda                        Board of Supervisors         August 3, 2020
Revised 8/1/2020
Russell County Page 2

Committee Appointments for Board Consideration.

RC Industrial Development Authority
David Mullins                    Four-Year Term         August 1, 2020
Community Policy Management Team
Patrick Brunty  Three-Year Term    August 7, 2020
Joni Lester   Three-Year Term    August 7, 2020
SWVA Community Correctional Criminal Justice Board
Doug Howard  Two-Year Term    June 2020
CITIZEN’S COMMENT PERIOD
CONSTITUTIONAL OFFICER REPORTS AND REQUESTS
COUNTY ATTORNEY REPORTS AND REQUESTS


RC PSA Consolidation, Financial, & Support Agreements………………………B-1


RC PSA Glade Hollow Water Project…………………………………………………B-2


RC IDA Tobacco Commission Grant…………………………………………………B-3


Continuity of Government Operations………………………………………………B-4


Personnel Policy…………………………………………………………………………B-5


RC Courthouse Design-Build RFP……………………………………………………B-6


Courthouse Security Ordinance Public Hearing……………………………………B-7


COUNTY ADMINISTRATOR REPORTS AND REQUESTS
REPORTS


LEMPG Grant FY 2020……………………………………………………………………C-1


Cumberland Mountain Community Services FY 2021 Contract…………………C-2


Honaker & Castlewood Canneries……………………………………………………C-3


Agenda Board of Supervisors August 3, 2020
Revised 8/1/2020

Committee Appointments for Board Consideration.
RC Industrial Development Authority

David Mullins Four-Year Term August 1, 2020
Community Policy Management Team
Patrick Brunty Three-Year Term August 7, 2020
Joni Lester Three-Year Term August 7, 2020
SWVA Community Correctional Criminal Justice Board
Doug Howard Two-Year Term June 2020
CITIZEN’S COMMENT PERIOD
CONSTITUTIONAL OFFICER REPORTS AND REQUESTS
COUNTY ATTORNEY REPORTS AND REQUESTS


RC PSA Consolidation, Financial, & Support Agreements.


RC PSA Glade Hollow Water Project…


RC IDA Tobacco Commission Grant.


Continuity of Government Operations…


Personnel Policy.


RC Courthouse Design-Build RFP…


Courthouse Security Ordinance Public Hearin:
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
REPORTS


LEMPG Grant FY 2020…


Cumberland Mountain Community Services FY 2021 Contract…


Honaker & Castlewood Cannerie:


Russell County Page 2
Agenda                        Board of Supervisors         August 3, 2020
Revised 8/1/2020
Russell County Page 3


RC GIS System Upgrade,………………………………………………………………C-4


RC Fitness Center……………………………………………………………………….C-5


REQUESTS


Federal CARES Relief Fund Certification.…………………………………….…….C-6


VDOT Smart Scale Resolutions for Rte. 19 & Rte. 58 Projects……………………C-7


VTC WanderLOVE Marketing Grant ($10,000)……………………………………….C-8


DHCD Town of Cleveland Sewer Plant PER Contract…………………………….C-9


LEMPG Grant FY 2021 ($7,500)…………………………………………………………C-10


VFIRS Hardware Grant ($86,763)………………………………………………………C-11


Oak Grove Community Facility Addition……………………………………………C-12


DCJS School Resource Officer Grant ($57,287)……………………………………C-13


Highway Abundant Life Church Pump and Haul Septic System…………………C-14


Travel Request……………………………………………………………………………C-15


MATTERS PRESENTED BY THE BOARD
ADJOURNMENT
COUNTY AGENCY / BOARD REPORTS:
• Treasurer’s Report ………………………………………………………………………D
• RC IDA …………………………………………………………………………………….E
• RC PSA …………………………………………………………………………………… F
• RC Tourism……………………………………………………………………………….G
• RC Planning Commission ………………………………………………………………H
• Conference Center………………………………………………………………………I
• RC Fitness Center……………………………………………………………………….J
• RC Transportation & Safety……………………………………………………………K
• RC Cannery Reports…………………………………………………………………….L
• RC Building Inspector……………………………………………………………………M
• RC Litter Report………………………………………………………………………….N
• CPWMA Report……………………………………………………………………………O
Agenda Board of Supervisors August 3, 2020
Revised 8/1/2020
4



RC GIS System Upgrade,
RC Fitness Center…
REQUESTS






10.LEMPG Grant FY 2021 ($7,500).
11.VFIRS Hardware Grant ($86,763)…
12.0ak Grove Community Facility Addition.
13.DCJS School Resource Officer Grant ($57,287)…
14.Highway Abundant Life Church Pump and Haul Septic System…

Travel Request…

Federal CARES Relief Fund Certification…
VDOT Smart Scale Resolutions for Rte. 19 & Rte. 58 Projects…
VTC WanderLOVE Marketing Grant ($10,000)…
DHCD Town of Cleveland Sewer Plant PER Contract…
MATTERS PRESENTED BY THE BOARD
ADJOURNMENT
COUNTY AGENCY / BOARD REPORTS:
Treasurer’s Report.
RC IDA.
RC PSA
RC Tourism.
RC Planning Commission .
Conference Center.
RC Fitness Center…
RC Transportation & Safety.
RC Cannery Reports…
RC Building Inspector.
RC Litter Report
CPWMA Report.
Russell County
CLOSED SESSION
Motion made by , second by and duly approved by the
Board of Supervisors enter into closed session to discuss Legal Matters pursuant to
Section 2.2-3711(A) (6) & (8) Discussion concerning public investment and proposed
Tobacco Commission Grant and Revenue Sharing Agreement; and (8) Consultation of
legal counsel concerning merger of the RC Public Service Authorities.
The vote was:
Aye:

Nay:
CERTIFICATION OF CLOSED SESSION
Pursuant to §2.2-3712 (D) of the Code of Virginia 1950, as amended, each member of the
Board of Supervisors upon the Roll Call certifies that to the best of their knowledge (i) only
public business matters lawfully exempted from the open meeting requirements under the
Virginia Freedom of Information Act and (ii) only such public business matters that were
identified in the motion(s) by which the closed meeting was convened were heard,
discussed or considered in the meeting by the Board of Supervisors.
Any member of the Board of Supervisors who believes that there was a departure from the
requirements of clauses (i) and (ii) above shall so state prior to the vote, indicating the
substance of the departure that, in his or her judgment, has taken place.
Are there any Supervisors who believe a departure has taken place?
Seeing none, if you agree that the matters heard, discussed or considered during the
closed meeting were pursuant only to the motion(s) by which the closed meeting was
convened, please signify by saying aye or yes.
Tim Lovelace -
Lou Ann Wallace -
Carl Rhea -
Steve Breeding -
David Eaton -
Rebecca Dye -
Oris Christian -
APPROVAL TO RETURN TO REGULAR SESSION
Motion made by , second by and duly approved by
the Board of Supervisors to return to regular session.
The vote was:
Aye:

Nay:
CLOSED SESSION
Motion made by. , second by, and duly approved by the
Board of Supervisors enter into closed session to discuss Legal Matters pursuant to
Section 2.2-3711(A) (6) & (8) Discussion concerning public investment and proposed
Tobacco Commission Grant and Revenue Sharing Agreement; and (8) Consultation of
legal counsel concerning merger of the RC Public Service Authorities.
The vote was:
Aye:
Nay:
CERTIFICATION OF CLOSED SESSION
Pursuant to §2.2-3712 (D) of the Code of Virginia 1950, as amended, each member of the
Board of Supervisors upon the Roll Call certifies that to the best of their knowledge (i) only
public business matters lawfully exempted from the open meeting requirements under the
Virginia Freedom of Information Act and (ii) only such public business matters that were
identified in the motion(s) by which the closed meeting was convened were heard,
discussed or considered in the meeting by the Board of Supervisors.
Any member of the Board of Supervisors who believes that there was a departure from the
requirements of clauses (i) and (ii) above shall so state prior to the vote, indicating the
substance of the departure that, in his or her judgment, has taken place.
Are there any Supervisors who believe a departure has taken place?
Seeing none, if you agree that the matters heard, discussed or considered during the
closed meeting were pursuant only to the motion(s) by which the closed meeting was
convened, please signify by saying aye or yes.
Tim Lovelace -
Lou Ann Wallace -
Carl Rhea -
Steve Breeding -
David Eaton -
Rebecca Dye -
Oris Christian -
APPROVAL TO RETURN TO REGULAR SESSION
Motion made by, , second by. and duly approved by
the Board of Supervisors to return to regular session.
The vote was:
 Board of Supervisors                       Action Item A-1 

137 Highland Drive  Presenter: Chairperson
Lebanon, VA 24266
   Meeting: 8/3/20       6:00 PM 

Russell County Government Center
137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011
www.russellcountyva.us
Approval of Minutes
Request approval of the minutes from the following meeting:
• Unapproved minutes of July 6, 2020
• Unapproved minutes of July 8, 2020
STAFF RECOMMENDATION(s):
Board discretion
SUGGESTED MOTION(s):
Motion to approve Board Minutes.
ATTACHMENTS:
• Board Minutes
Board of Supervisors Action Item A-1
137 Highland Drive Presenter: Chairperson
Lebanon, VA 24266
Meeting: 8/3/20 6:00 PM
Approval of Minutes
Request approval of the minutes from the following meeting:
‘+ Unapproved minutes of July 6, 2020

Unapproved minutes of July 8, 2020

STAFF RECOMMENDATION(s):
Board discretion
SUGGESTED MOTION(s):
Motion to approve Board Minutes.
ATTACHMENTS:

Board Minutes

Russell County Government Center
137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011
www.russellcountyva.us
July 06, 2020
The regular monthly meeting of the Russell County Board of Supervisors was held on Monday, July 06,
2020 at 5:00 pm beginning with Executive (closed) Session followed by the regular meeting at 6:00 pm
at the Russell County Government Center in Lebanon, Virginia.
The Clerk called the meeting to order.
Roll Call by the Clerk:
Present:
Tim Lovelace
Lou Wallace
Carl Rhea
David Eaton
Steve Breeding
Rebecca Dye
Oris Christian
Lonzo Lester, Clerk
Vick Porter, Deputy Clerk
Katie Patton, County Attorney
Absent:
None
EXECUTIVE (CLOSED) SESSION
Motion made by Steve Breeding, second Tim Lovelace and duly approved by the Board of Supervisors to
enter into Executive (closed) Session pursuant to Section 2.2-3712(5) of the Code of Virginia to discuss
legal matters pursuant to 2.2-3711(A), (1), (7) and (8).
The vote was:
Aye:  Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, David Eaton, Rebecca Dye and Oris Christian
Nay:  None
APPROVAL TO RETURN TO REGULAR SESSION
Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to
return to regular session.
The vote was:
Aye:  David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian
Nay:  None
July 06, 2020
The regular monthly meeting of the Russell County Board of Supervisors was held on Monday, July 06,
2020 at 5:00 pm beginning with Executive (closed) Session followed by the regular meeting at 6:00 pm
at the Russell County Government Center in Lebanon, Virginia.
The Clerk called the me
ig to order.
Roll Call by the Clerk:
Present:
Tim Lovelace
Lou Wallace
Carl Rhea
David Eaton
Steve Breeding
Rebecca Dye
Oris Christian
Lonzo Lester, Clerk
Vick Porter, Deputy Clerk
Katie Patton, County Attorney
Absent:
None
EXECUTIVE (CLOSED) SESSION
Motion made by Steve Breeding, second Tim Lovelace and duly approved by the Board of Supervisors to
enter into Executive (closed) Session pursuant to Section 2.2-3712(5) of the Code of Virginia to discuss
legal matters pursuant to 2.2-3711(A), (1), (7) and (8).
The vote was:
‘Aye: Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, David Eaton, Rebecca Dye and Oris Christian
Nay: None
APPROVAL TO RETURN TO REGULAR SESSION
Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to
return to regular session.
The vote was:
‘Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian
Nay: None
CERTIFICATION OF EXECUTIVE (CLOSED) SESSION
Pursuant to § 2.2-3712(D) of the Code of Virginia 1950, as amended each member of the Board of
Supervisors upon the Roll Call certifies that to the best of their knowledge (I) only public business
matters lawfully exempted from the open meeting requirements under the Virginia Freedom of
Information Act and (ii) only such public business matters that were identified in the motion(s) by which
the closed meeting was convened were heard, discussed or considered in the meeting by the Board of
Supervisors.
Any member of the Board of Supervisors who believes that there was a departure from the
requirements of clauses (I) and (ii) above shall so state prior to the vote, indicating the substance of the
departure that, in his or her judgment, has taken place.
Are there any who believe a departure has taken place?  Seeing none, if you agree that the matters heard,
discussed or considered during the closed meeting were pursuant only to the motion(s) by which the
closed meeting was convened, please signify by saying aye or yes.
Tim Lovelace – AYE
Lou Wallace – AYE
Carl Rhea – AYE
David Eaton – AYE
Rebecca Dye - AYE
Steve Breeding – AYE
Oris Christian - AYE
APPROVAL OF THE AGENDA
Motion made by Lou Wallace, second Tim Lovelace and duly approved by the Board of Supervisors to
approve the agenda as amended.
The vote was:
Aye:  Steve Breeding, Tim Lovelace, Carl Rhea, Lou Wallace, David Eaton, Rebecca Dye and Oris Christian
Nay:  None
APPROVAL OF THE JUNE 01, 2020 MINUTES
Motion made by Tim Lovelace, second Oris Christian and duly approved by the Board of Supervisors to
approve the June 01, 2020 minutes and dispense with reading thereof.
The vote was:
Aye:  Tim Lovelace, Oris Christian, Steve Breeding, David Eaton, Lou Wallace, Carl Rhea and Rebecca Dye

Nay:  None
APPROVAL OF THE JUNE 17, 2020 MINUTES
Motion made by Carl Rhea, second Tim Lovelace and duly approved by the Board of Supervisors to
approve the June 17, 2020 minutes and dispense with reading thereof.
The vote was:
CERTIFICATION OF EXECUTIVE (CLOSED) SESSION
Pursuant to § 2.2-3712(D) of the Code of Virginia 1950, as amended each member of the Board of
Supervisors upon the Roll Call certifies that to the best of their knowledge (I) only public business
matters lawfully exempted from the open meeting requirements under the Virginia Freedom of
Information Act and (ii) only such public business matters that were identified in the motion(s) by which
the closed meeting was convened were heard, discussed or considered in the meeting by the Board of
Supervisors.
‘Any member of the Board of Supervisors who believes that there was a departure from the
requirements of clauses (I) and (ii) above shall so state prior to the vote, indicating the substance of the
departure that, in his or her judgment, has taken place.
‘Are there any who believe a departure has taken place? Seeing none, if you agree that the matters heard,
discussed or considered during the closed meeting were pursuant only to the motion(s) by which the
closed meeting was convened, please signify by saying aye or yes.
Tim Lovelace ~ AYE
Lou Wallace - AYE
Carl Rhea AYE
David Eaton - AYE
Rebecca Dye - AYE
Steve Breeding - AYE
Oris Christian - AYE
APPROVAL OF THE AGENDA
Motion made by Lou Wallace, second Tim Lovelace and duly approved by the Board of Supervisors to
approve the agenda as amended.
The vote was:
‘Aye: Steve Breeding, Tim Lovelace, Carl Rhea, Lou Wallace, David Eaton, Rebecca Dye and Oris Christian
Nay: None
APPROVAL OF THE JUNE 01, 2020 MINUTES
Motion made by Tim Lovelace, second Oris Christian and duly approved by the Board of Supervisors to
approve the June 01, 2020 minutes and dispense with reading thereof.
The vote was:
‘Aye: Tim Lovelace, Oris Christian, Steve Breeding, David Eaton, Lou Wallace, Carl Rhea and Rebecca Dye
Nay: None
APPROVAL OF THE JUNE 17, 2020 MINUTES
Motion made by Carl Rhea, second Tim Lovelace and duly approved by the Board of Supervisors to
approve the June 17, 2020 minutes and dispense with reading thereof.
The vote was:
Aye:  Carl Rhea, Tim Lovelace, Lou Wallace, David Eaton, Steve Breeding, Rebecca Dye and Oris Christian
Nay:  None
APPROVAL OF GENERAL COUNTY INVOICES
Motion made by Steve Breeding, second Tim Lovelace and duly approved by the Board of Supervisors to
approve general county invoices in the amount of $1,124,077.70, including reoccurring and
withholdings.
The vote was:
Aye:  Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, David Eaton, Rebecca Dye and Oris Christian
Nay:  Nay
Citizens Comment
The Chair opened citizens comment period.
Michelle Vance, Lebanon stated that the BOS needs to be more transparent and respectful of the
citizens of the County.
Shawn Vance, Lebanon commented that he is concerned about the monument located in the Town of
Lebanon. He feels that no one has the right to remove it since it is owned by the taxpayers.
Larry Hughes, Lebanon thinks “our nation is in dismay” and worries about future generations.  He voiced
his opinion about the protests that have been happening near our community and the push to take
down confederate statues and monuments.
The Chair closed citizens comment.
County Attorney Reports and Requests
APPROVAL OF A VRA RESOLUTION FOR THE RUSSELL COUNTY PSA FINANCING AND SUPPORT
AGREEMENTS
Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to
approve a VRA resolution for The Russell County Public Service Authority Financing and Support
Agreement and authorize the Chairperson to sign.
The vote was:
Aye:  David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian
Nay:  None
APPROVAL OF A VRA RESOLUTION CONCERNING THE RUSSELL COUNTY PSA AND THE SUPPORT
AGREEMENT FOR THE GLADE HOLLOW PROJECT
Motion made by Carl Rhea, second Steve Breeding and duly approved by the Board of Supervisors to
approve a VRA resolution concerning The Russell County Public Service Authority Financing and Support
Agreement for the Glade Hollow Project and authorize the Chair to sign.
Aye: Carl Rhea, Tim Lovelace, Lou Wallace, David Eaton, Steve Breeding, Rebecca Dye and Oris Christian
Nay: None
APPROVAL OF GENERAL COUNTY INVOICES
Motion made by Steve Breeding, second Tim Lovelace and duly approved by the Board of Supervisors to
approve general county invoices in the amount of $1,124,077.70, including reoccurring and
withholdings.
The vote was:
‘Aye: Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, David Eaton, Rebecca Dye and Oris Christian
Nay: Nay
Citizens Comment
The Chair opened citizens comment period.
Michelle Vance, Lebanon stated that the BOS needs to be more transparent and respectful of the
citizens of the County.
‘Shawn Vance, Lebanon commented that he is concerned about the monument located in the Town of
Lebanon. He feels that no one has the right to remove it since it is owned by the taxpayers.
Larry Hughes, Lebanon thinks “our nation is in dismay” and worries about future generations. He voiced
his opinion about the protests that have been happening near our community and the push to take
down confederate statues and monuments.
The Chair closed citizens comment.
County Attorney Reports and Requests
APPROVAL OF A VRA RESOLUTION FOR THE RUSSELL COUNTY PSA FINANCING AND SUPPORT
‘AGREEMENTS.
Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Super
approve a VRA resolution for The Russell County Public Service Authority Financing and Support
‘Agreement and authorize the Chairperson to sign,
The vote was:
Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian
Nay: None
APPROVAL OF A VRA RESOLUTION CONCERNING THE RUSSELL COUNTY PSA AND THE SUPPORT
‘AGREEMENT FOR THE GLADE HOLLOW PROJECT
Motion made by Car! Rhea, second Steve Breeding and duly approved by the Board of Supervisors to
approve a VRA resolution concerning The Russell County Public Service Authority Financing and Support
‘Agreement for the Glade Hollow Project and authorize the Chair to sign.
The vote was:
Aye:  Carl Rhea, Steve Breeding, Lou Wallace, Tim Lovelace, David Eaton, Rebecca Dye and Oris Christian
Nay:  None
APPROVAL OF AN AMENDMENT TO REFLECT A NAME CHANGE TO AN IDA LOAN AND MORAL
OBLIGATION
Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to
approve an amendment changing the name from Polycap to Greenfield ICI Holdings for an IDA loan and
moral obligation.
The vote was:
Aye:  Steve Breeding, Lou Wallace, Tim Lovelace, Carl Rhea, David Eaton, Rebecca Dye and Oris Christian
Nay:  None
County Administrator Reports and Requests
APPROVAL OF A MERCHANT CREDIT CARD ACCOUNT FOR THE RUSSELL COUNTY TREASURER’S OFFICE
Motion made by David Eaton, second Lou Wallace and duly approved by the Board of Supervisors to
approve a merchant credit card account as requested by the Treasurer of Russell County.
The vote was:
Aye:  David Eaton, Lou Wallace, Carl Rhea, Steve Breeding, Rebecca Dye, Tim Lovelace and Oris Christian
Nay:  None
APPROVAL OF A VICTIM WITNESS GRANT FROM DCJS
Motion made by Tim Lovelace, second Carl Rhea and duly approved by the Board of Supervisors to
approve a Victim Witness Grant from DCJS in the amount of $70,000.
The vote was:
Aye:  Tim Lovelace, Carl Rhea, Lou Wallace, David Eaton, Steve Breeding, Rebecca Dye and Oris Christian
Nay:  None
The Chair appointed Tim Lovelace and Rebecca Dye to the CARES oversight committee.
ACCEPTANCE OF DONNIE RAMEY’S RESIGNATION FROM THE CMCSB
Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to
accept the resignation of Donnie Ramey from the Cumberland Mountain Community Services Board
effective immediately.
The vote was:
Aye:  Steve Breeding, Lou Wallace, Carl Rhea, Tim Lovelace, David Eaton, Rebecca Dye and Oris Christian
Nay:  None
The vote was:
‘Aye: Carl Rhea, Steve Breeding, Lou Wallace, Tim Lovelace, David Eaton, Rebecca Dye and Oris Christian
Nay: None
APPROVAL OF AN AMENDMENT TO REFLECT A NAME CHANGE TO AN IDA LOAN AND MORAL
OBLIGATION
Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to
approve an amendment changing the name from Polycap to Greenfield ICI Holdings for an IDA loan and
moral obligation.
The vote was:
‘Aye: Steve Breeding, Lou Wallace, Tim Lovelace, Carl Rhea, David Eaton, Rebecca Dye and Oris Christian
Nay: None
County Administrator Reports and Requests
APPROVAL OF A MERCHANT CREDIT CARD ACCOUNT FOR THE RUSSELL COUNTY TREASURER’S OFFICE
Motion made by David Eaton, second Lou Wallace and duly approved by the Board of Supervisors to
approve a merchant credit card account as requested by the Treasurer of Russell County.
The vote was:
‘Aye: David Eaton, Lou Wallace, Carl Rhea, Steve Breeding, Rebecca Dye, Tim Lovelace and Oris Christian
Nay: None
APPROVAL OF A VICTIM WITNESS GRANT FROM DCJS
Motion made by Tim Lovelace, second Carl Rhea and duly approved by the Board of Supervisors to
approve a Victim Witness Grant from DCJS in the amount of $70,000.
The vote was:
‘Aye: Tim Lovelace, Carl Rhea, Lou Wallace, David Eaton, Steve Breeding, Rebecca Dye and Oris Christian
Nay: None
The Chair appointed Tim Lovelace and Rebecca Dye to the CARES oversight committee.
ACCEPTANCE OF DONNIE RAMEY’S RESIGNATION FROM THE CMCSB
Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to
accept the resignation of Donnie Ramey from the Cumberland Mountain Community Services Board
effective immediately.
The vote was:
Aye: Steve Breeding, Lou Wallace, Carl Rhea, Tim Lovelace, David Eaton, Rebecca Dye and Oris Christian
Nay: None
MICHELLE VANCE APPOINTED TO THE CMCSB
Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to
appoint Michelle Vance to the Cumberland Mountain Community Services Board to fill the unexpired
term of Donnie Ramey, said term expires December 31, 2022.
The vote was:
Aye:  Steve Breeding, David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Rebecca Dye and Oris Christian
Nay:  None
APPROVAL OF A PLAT FOR SAMUEL AND PATRICIA LAMBERT
Motion made by David Eaton, second Tim Lovelace and duly approved by the Board of Supervisors to
approve a plat for Samuel and Patricia Lambert as requested by the Russell County Planning
Commission.
The vote was:
Aye:  David Eaton, Tim Lovelace, Rebecca Dye, Carl Rhea, Steve Breeding and Oris Christian
Nay:  None
Abstain:  Lou Wallace
APPROVAL TO ADJOURN TO RECONVENE ON WEDNESDAY, JULY 08, 2020 AT 8:00 AM
Motion made by Steve Breeding, second Oris Christian and duly approved by the Board of Supervisors to
adjourn to reconvene on Wednesday, July 08, 2020 at 8:00 am.
The vote was:
Aye:  Steve Breeding, Oris Christian, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and David Eaton
Nay:  None

Clerk of the Board                                                                                  Chairperson
MICHELLE VANCE APPOINTED TO THE CMCSB
Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to
appoint Michelle Vance to the Cumberland Mountain Community Services Board to fill the unexpired
term of Donnie Ramey, said term expires December 31, 2022.
The vote was:
Aye: Steve Breeding, David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Rebecca Dye and Oris Christian
Nay: None
APPROVAL OF A PLAT FOR SAMUEL AND PATRICIA LAMBERT
Motion made by David Eaton, second Tim Lovelace and duly approved by the Board of Supervisors to.
approve a plat for Samuel and Patricia Lambert as requested by the Russell County Planning
Commission.
The vote was:
‘Aye: David Eaton, Tim Lovelace, Rebecca Dye, Carl Rhea, Steve Breeding and Oris Christian
Nay: None
Abstain: Lou Wallace
APPROVAL TO ADJOURN TO RECONVENE ON WEDNESDAY, JULY 08, 2020 AT 8:00 AM
Motion made by Steve Breeding, second Oris Christian and duly approved by the Board of Supervisors to
adjourn to reconvene on Wednesday, July 08, 2020 at 8:00 am.
The vote was:
Aye: Steve Breeding, Oris Christian, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and David Eaton
Nay: None
Clerk of the Board Chairperson
July 08, 2020
A reconvened meeting of the Russell County Board of Supervisors was held on Wednesday, July 08, 2020
at 8:00 am in the Russell County Government Center in Lebanon, Virginia.  Board members present
traveled to Gaps Mill and Caldwell West Virginia.
The Clerk called the meeting back to order.
Roll Call by the Clerk:
Present:
Steve Breeding
Rebecca Dye
Oris Christian
Absent:
Lou Wallace
Tim Lovelace
Carl Rhea
David Eaton
The Board toured and discussed businesses in Gaps Mill, West Virginia and Caldwell, West Virginia.
No further business was conducted and the Chairperson adjourned the meeting.

Clerk of the Board                                                                                     Chairperson
July 08, 2020
reconvened meeting of the Russell County Board of Supervisors was held on Wednesday, July 08, 2020
at 8:00 am in the Russell County Government Center in Lebanon, Virginia. Board members present
traveled to Gaps Mill and Caldwell West Virginia.
The Clerk called the meeting back to order.
Roll Call by the Clerk:
Present:
Steve Breeding
Rebecca Dye
Oris Christian
Absent:
Lou Wallace
Tim Lovelace
Carl Rhea
David Eaton
The Board toured and discussed businesses in Gaps Mill, West Virgi
and Caldwell, West
No further business was conducted and the Chairperson adjourned the meeting.
Clerk of the Board Chairperson
                                                  Board of Supervisors                         Action Item A-2 

137 Highland Drive Presenter: Chairperson
Lebanon, VA 24266
   Meeting: 8/3/20      6:00 PM 

Russell County Government Center
137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011
www.russellcountyva.us
Approval of Expenditures
Request approval of the County’s July 2020 Monthly Expenditures:
STAFF RECOMMENDATION(s):

County’s July 2020 Monthly Expenditures are in compliance with budget and operational services.
SUGGESTED MOTION(s):
Motion to approve County’s July 2020 Monthly Expenditures.
ATTACHMENTS:
• July 2020 Monthly Expenditures
Board of Supervisors Action Item A-2
137 Highland Drive Presenter: Chairperson
Lebanon, VA 24266
Meeting: 8/3/20 6:00 PM
Approval of Expenditures
Request approval of the County’s July 2020 Monthly Expenditures:
STAFF RECOMMENDATION(s):
County’s July 2020 Monthly Expenditures are in compliance with budget and operational services.
SUGGESTED MOTION(s):
Motion to approve County’s July 2020 Monthly Expenditures.
ATTACHMENTS:

July 2020 Monthly Expenditures

Russell County Government Center
137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011
www.russellcountyva.us
apes 7/29/2020
3/03/2026
8/03/2020
8703/2020
8/03/2020
9/03/2020
9703/2020
8/03/2020
8703/2020
2/03/2020
8703/2020
£703/2020
8703/2020
8703/2020
8703/2020
8/03/2020
5/03/2020
8703/2020
9703/2020
9/03/2020
8703/2020
93/2020
8703/2020
8703/2020
8/03/2020
2/03/2020
8/03/2020
2/03/2020
8/03/2020
8703/2020
8/03/2020
8/03/2020
9703/2020
03/2020
5703/2029
8703/2020
8703/2020
8703/2020
8/03/2020
5703/2020
8/03/2020
8703/2020
3/03/2020
8703/2020
8703/2020
8/03/2020
yo3/2020
8703/2020
8/03/2020
7798/2028
3/08/2020,
2708/2020
3138/2028
2124/2020
2/15/2020
6/13/2020
2710/2020
3738/2020
6/28/2020
2738/2020
7/33/2020
3718/2020
3713/2028
9/03/2020
2415/2020
3138/2020
7/25/2020
6/30/2020
5/30/2020
6/30/2020
6/30/2020
6/30/2020
6/30/2020
6/30/2020
6/30/2020
6/30/2020
6/30/3020
6/30/2020
6/30/2020
6/30/2020
6/30/2020
6/30/2020
6/30/2020
£/30/2020
6/30/2020
£/30/2028
£/30/2020
6/30/2020,
6/30/2020
6/30/2020
6/30/2029,
6/30/2020
7/30/2020
6/30/2020
6/30/2020
6/30/2020
6/30/2020
AJP CASH REQUIREMENTS PRE-LIST COMPANY 4-001 FUND#4100 pace
vewwoa nwvorce cUASS __choss aur, ___weT anouwr g/t_accourr 20
bezels WE A ERTERERIS 30007 392-75 3en75 €100-0sT0R0-se20- =~
doaeis Ag A EuTERERIS 68006 366.00, 3e6.00 éioo-oazoz0-s420- >
Sozeis A EA ENTERPRIS 66008 347/00, la7lon siecoaaoz0-sei0- >
O026i5 A EA ENTERPRES 60136 250/60 260le0 @oo-oatoze-sei0- >>
2356135 a.ise35 +
ooesee ADDINGTON Ort ¢ 110032 30430167 21410167 4100-0424¢00-s408-
2420167 Biatole? +
ooseas aLsco 1uROR952768 2i1 28 211,28 4100-072010-3008- -~
Erect) 2itlae +
003756 AMAZON 436950793657 20 351130 251.30 4100-o72010-sexe- ==
oo37se aNAZON preceeeriat) is ee Gsl4a azoocovaoiosete. >
bo375e AMAZON MGgasras977 3.80 @31e0 d:og-o7soie-saui- 2
bo3754 AMAZON seseeases76« Dis. Shise- dipo-a7aoie-saai- =
S0375¢ AMAZON Seasceseeose 206.78 106178 faoo-o7s0x0-sen2- 2 >
803754 AMAZON Seeveceseac? 2778 Sole dive-eraose-sail- >
Soa7s4 AMAZON 53950575039 3olt8 Jota Sieo-c7sosesent- =
G0375¢ AMAZON a7375366934 14136 idle Gioe-onsone-sani- >
452190 a52’s0 +
01346 assocrarion oF Fyz021 350"00, 380100 “«x00-022020-s402- ~~
330109, soc +
covcas ar eT 07252029 7.68 ‘7168 4100-092020-5203- –
Ooones AP eT opaszo2o feleo also fioo-eareae-s203- >>
66.28 S620 +
001225 BAI MUNICIPAL $ £502020-37 4,951.00, 4,951.00 4100-012130-3005- =~
Sasiloe ‘esule0 +
002595 BAKER & TAYLOR so16240435 ao 33182 ‘32/82 4200-o73010-s421-
202835 BAKER & TAYLOR S0ze240436 io 43.37 45137 sioo-ovso1o-seul- >
boasas BAKER & TAYLOR Soae240s08 30 i139 27123 dioo-ovsoiosant- >
002838 BAKER & TAYLOR $026240502 i 33 39128 4ioo-o7s010-san1- >
Soasas SAKER & TAYLOR Soasze0si0 20 i620 3620 Gioo-arsoiosani- >
002535 BAKER & TAYLOR 026240833, 20 32193 3a.s3 sieo-o7aoi0-sail- =
boasas BAKER & TAYLOR sous2e0s34 x 32°53 Balsa szec-o7son0-sani- >
002535 BAKER & TAYLOR S02¢ze0835, 20 bears] $2lsa Gueo-ovanze-sani-
So2sas BAKER & TAYLOR 3026240639 30 16.72 felta szoacavsoae-sani- >
002635 BAKER & TAYLOR Soisz40672 io alee Lela Gioa-orsoxe-saaz-
Oo2sss BAKER & TAYLOR sSolgzecsae io dela felsi fiee-evoie-sai-
So2sas BAKER & TAYLOR Solezsoees ie 45.60 feleo az0g-crs010-saaa- >
002835 BAKER & TAYLOR Soiszeo723 io 281 29.81 auoo-ova0u0-saai- =
02535 BAKER & TAYLOR Solezeo7ae io 107 agiay anogcovscig-sean- >
Coasas BAKER & TAYLOR Soieaso74s io i631 Be Aloocomsoaesenn. ST
602635 BAKER & TAYLOR Solezeo7a6 io iste 1896 @ioo-ovabiosen- 2
002835 BAKER © TAYLOR Solezeo7ss io fess fea) aipecomaoiesei- >=
Ooasas BAKER © TAYLOR 5016240797 io craery Real 4ioo-o7aou0sani- 2
Goasas BAKER @ TAYLOR Soleadoe24 io isles Eeles 4ioo-o7aoiosain- >
602535 BAKER © TAYLOR Soiezeoe7s io 36.30 ielso dioo-o7aoie-sail- >
002835 BAKER & TAYLOR Sone2soe26 2 30149 3ol4s s200-073010-san1- >
092535 BAKER & TAYLOR Soze240524 10 lees ieee Gi0e-o7soz0-saii- =
Soasas BAKER & TAYLOR s02620925, 20 isiae delea aioe-c7soxo-sani- >
802535 BAKER & TAYLOR 026240839, 10 Beat fei duoe-evapio-sazi- =
Go2sas BAKER & TAYLOR S02gze0957 30 ae felb1 sioa-azscao-sea:- >
Soasas BAKER & TAYLOR Soaszei012 20 i621 jelai diea-gvscrg-saaz-
bo2sas aaren & TavioR Soiezei012 i es Gelea Guog-eva0u0-saa2-
Oo2s3s BAKER & TAYLOR Sol62e1050 30 $8.95 36.5 sieo-eraeia-sea-—
Soasas BAKER & TAYLOR soaszei0so ie 33106 33l0e aioo-ovseie-saaz- >>
002635 BAKER & TAYLOR So1ezen076 a0 ie ele Gioo-ovaoie-saaa- =
peso 7/29/2020
“5703/2025
03/2020
8703/2020
8/03/2020
8703/2020
8/03/2020
8703/2020
8/03/2020
eyes/2020
ayos/2020
9/03/2020
2/02/2020
2/02/2020
9/03/2020
9/03/2020
#/03/2020
8/03/2020
03/2020
93/2020
03/2020
87/03/2020
8/03/2020
8703/2020
8703/2020
03/2020
03/2020
3/03/2020
8703/2020
8/03/2020
8/03/2020
93/2020
93/2020
8/03/2020
8/03/2020
8/03/2020
8/03/2020
2703/2020
2/03/2020,
2703/2020
9703/2029,
8703/2020
8703/2020
8703/2020
8/03/2020
5703/2020
8703/2020
6/30/2025
6/30/2020
£/30/2020
6/30/2020,
6/30/2029
6/30/2020
3708/2020
2933/2020
aia1/2020
aissz2020
a/35/2020
6/37/2020
aas/2020
1103/2020
sy02/2020
5/14/2020
5/28/2020
ay02/2020
Fro2/2020
3702/2020
3702/2020
340212020
3702/2020
7706/2020
3/09/2020
7703/2020
7/03/2020
7703/2020
3108/2020
7/33/2020
{73/2020
§702/2020
7/36/2020
7716/2020
3736/3020
7716/2020
3720/2020
2/23/2020
7723/2020
372372020
7/23/2020
2723/2020
Spar 2028
5/26/2020
3728/2020
3728/2020
beasss
002835,
ooasas
00082
coeeso
soeese
Soeeso
ooasso
Soaase
ooeeso
Soaaso.
soasso
eoeso
oases
BAKER
BAKER
© tavlon
© tavior
5 tavior
BOMANZA RESTATE
cums
ormas
SEAS
Saas
cheas
cietas
cintas
cizas
cietas
Gixtas
eivtas
commas
CINTA:
exerd
canta
NG SYSTEM
Conronar:
conponar
Sonroat
Conponat
CoRPORAT
ConPoRAT
Seuronat
Conponat
Conponat
Sonponat
Conponat
Conrorar
conroRat
pane sH0
|A/P CASH REQUIREMENTS PRE-LIST COMPAKY 3-002
ric
Eee
BEES
34408
nivase0
onsacze
022132
1777678
prserrerts
dosasaage1
‘fosesze02?
dosaveso2e
fosasaao7s
‘dosseaesos
‘fosseaesas
Sosseae7es
soavacc7ee
soseiz0262
4fose120022
dosea7208
foses70296
‘4056670020
‘dosee70939
4268
cuass
ie
io
io
20
Fumpbar00 pace 2
xoss ant. NET AMOUNT G/t_Accourr 2.08
14-58 fe-sa ci00-07s0i0-san1- =~
15.66 3sles sico-e7s0n0-sann- > =
tee Lelie Goc-orsose-sani- 2
36.18 dele Si00-07s0n0-sanr- >
sea e130 d2oa-a7soe-sazi- >
36.75 16.95 eigo-o7so20-sent- |=
32.82 321s2 su0a-a7s0a0-saaz- >
Frets iel31 aieo-e7s0xe-sea2- =
273.35 Pretag
510.00, 320100 "4100-042020-se23–
510700, Soleo «|
3o2’6s 202168 “e1oo-o1ne10-saa3-—-
2oales 202169 +
fos '00 205109 “¢100-072030-3008- ~~
ies!09 208100 +
4350/00, 380100 4100-o73010-se12—
350.00, 3s0"00 +
1,398.00 2,398100 4300-072030-3008- =~
31385700 3398/00 «
2003/00 3/0300 “<s00-043020-300e- =~
1003-00 ileas ‘eo «
382186 Seales “ero0-o73020-senn- =~
deals Beales *
$5188 36/58 4200-c43020-s008- =
87.26 89136 s100-ceaoz0-s008- =
35.31 95151 fuea-ea3oz0-3008- =
Beas dela aueo-eeaoge-so0a-
os.29 3419 Si00“eea020-a008- =
Selse 3313 dloo-osgcz0-300e- >>
36.66 36.66 <i0o-oazoz0-3008- -
235.98 239.78 4100-043020-3008- >
38.93 ‘3el93 4200-43020-3008- >
ce.3 S618: aioo-oea0z0-3008- =
$8.88 $8.58 s200-ca0z0-3008- >
3ea5 639 Gi00-oasoz0-s008- ==
e726 87.36 s200-ca30z0-3008- >
253.98 283.48 too-ossoz0-3008. >>
38.93 38.93 Gioo-casoz0-so0s- =
asiea Sioa-agaoz0-3008- >
2311 diea-casoze-so08
Seles sic0-ceaoz0-a00e- >
239:78 Sioo-oazozo-aeaa- > =
‘Qelga 4200-os3020-3008- ||
351s a100-0e3020-3008- ||
balz9 dioo-oaaoz0-z0080 =
£7.26 4200-043020-3008- =
239178 4i0e-ca3oz0-2008- >
2,470.20 2.470120 +
30:00, 30.00 4200-a3sox0-seo:- =
163.39, 163/39 Goacoaeozo-seoss ST
335/00 3a9l00 ¢ioo-ol2020-s401-
Esety Seai30 +
apes 7/28/2020
“e7o372028
9/03/2020
2/03/2020
8/03/2020
9/03/2020
9/03/2020
8/03/2020
2703/2020
s703/2020
#703/2020
2/03/2020
4703/2020
97/03/2020
8703/2020
3/03/2020
2/03/2020
8703/2020
93/2020
8/03/2020
8703/2020
9/03/2020
8703/2020
8/03/2020
8/03/2020
9703/2020
8/03/2020
8703/2020
9703/2020
8/03/2020
8/03/2020
2703/2020
8/03/2020
8/03/2020
8703/2020
8/03/2020
2703/2020
8703/2020
8/03/2020
8703/2020
8/03/2020
8703/2020
87/03/2020
8/03/2020
7037/2020,
8703/2020
“ara r3028
aUas/2020
aysa/2020
aias/2020
ayosr2cz0
6/12/2020
1706/2020
2713/2020
8/03/2020
7/20/2020
6/29/2020
3/21/2020
5/26/2020
3707/2020
3793/2020
s/o7/2020
7120/2020
3/30/2020
3/30/2020
6/29/2020
6/30/2020
6/30/2020
5707/3020
3/33/2020
3730/2020
3/10/2020
2734/2020
3734/2020
37/2020
ayryzoz0
3721/2020
372472020
7723/2020
3726/3020
7128/2020
6/19/2020
6/24/2020
s/10/2020
6/26/2020
6/30/2020
5702/2020
Jp072020
7130/2020
3/33/2020
372072025
AUP CASH REQUIRENENTS PRE-LIST
vanpor zmvorce cuass __caoss ner.
bozs2! COOK WORE o7z02020 197-06
000267 CSK TRANSPORTAT #392572 1,738.26
airs.20
000272 CUMBERLAND MoU 07242020 i6s0"00
1650-00,
000172 CUMBERLAND PLAT 182 76,996.46
74,936.88
e0sssa custom cae c¢20-0207 iais.08
co4es2 DANA SAFETY suP 242250-3 31208100
Goegs3 DAMA SAFETY SUP 6ia6i8 21038 .80
Goass> DANA SAFETY SUP 620791 Tpel42
3,410.22
03820 DANTE CoMmcuNITY APPROP. 2020 pprrers
Feriseers
00286 DeKcO ee12se1 20 36.99
36.79
000092 DoLr/sorLER SAF 954150066 0.00
900196 DomrxiON OFFICE 221502 63.26
Dooise DoMINION OFezcE 222176 35°50
Sooiga Dommniow oFFree i22206 2730
800198 DOMINION OFFICE 122186 isr’ao
Sooise bowINZON OFFiCe 122292 20.28
Oo0is8 DOMINION OFFICE 123536 is’z2
Sooise DowINZON OFFICE 223958.2, 33100
800198 Dominion OFFICE 121998 26.30
Sooise Dominion OFFice 123996 3730
000198 Sowinrow OFPice 122180 25182
Go0ise Dominion OFFICE 123250 1ia09
boise BowiNzoN OFFics 12299 47038
200188 DOMINION OFFICE 122300 321166
So0ise DOMINION OFFICE 122406 75199
Sooise DOMINION OFFics 127402 108138
200158 DowINion OFFICE 122516 $ol00
So0ise DomiNron opFice 129515 245/00
Soo1ae DowsNzoN orice 12301 343.00
600398 Dourazow Orrice 122598 20.30,
So0ise DommNzon OFFice 122655 3e.99
Sooige Dowsnzon oFFice 222729 Be
200186 DOMINION OFFICE 122723 a.68
Sooise DowEnZON OFFsce 221777 ae 35/80
200198 Doxmuzow OFFree 221703 10 3.36
000198 DOMINION OFFICE 322294 20 felga
200198 Doxmuzow Orerce 221969 isles
00238 DomaNiON OFFICE 322008 108 6a
Sooise DOMINION OFrace i22097 39199
00194 Dominion oFrice 122702 33180
Dominion OFFice 122295 283/38
Bominion OrFice 129520 presets
Seoise DOMINION OFFICE ia2ses Estes
‘coMPANY #002
57-06
3h 106
3,728.20
31650.00
3,815.00
3208/00,
2103a_80
pitreery
“358/36
36.38
3679
20.00
11730
20128,
26130,
25182
4738
aa l86
30.00
Poxpe4100
NET awousr ¢/u_ accousr
'4200-042010-3002-
'4100-091020-se08-
‘2007031020-se08-
‘Hov-oai020-se08-
'4100-072040-8608-
4200-073020-5423-
4100-021010-5402-
‘h00-032060-se02-
Shoo-osaeog-sane-
‘2o0-o12010-s403-
‘200-021060-5402-
4300-032230-sa01-
‘Hoo-o20:0-se01-
4100-012130-5401-
Siea-erzoe-seor-
Sio0-012010-seoa-
4100-o¢2e00-saa-
4200-o12010-s401-
4100-073010-s¢01-
44300-031020-seo2-
‘#200-03:020-se01-
‘$100-031020-8402—
pos 7/29/2020 A/P CASH REQUIREMENTS PRE-LIST COMPANY W001 FUNDE4100 Pace 4
DUE DATE aNV.DATE vexDoR mevorce cuass __cnoss ar. Mer aNOUNT 6/4 ACCOUNT ont
8/03/2020 2/21/2020 000196 DOMINION OFFICE 122503 33-95 Ge.95 4100-031070-s40n-—
8/03/2020 7/08/2020 oo0ise bouturoN OFFicE 1227 is.30 $5.30 41oocoizos0-seox. >>
5/03/2020 7/22/2020 coos DOMINION OFFICE 122185.2 23.95 2519e 4i00-o12000-5¢02-
8/03/2020 7/10/2020 coos bouturox OFFICE 122289 162/33 280199 si00-o12090-sea- >>
2/03/2020 7/21/2020 000138 DOMINION OFFICE 12259¢ 65.83 4.99 4ip0-cai0e0-sac1.
8/03/2020 7/24/2020 000198 DoMINION OFFICE 122727 636 e136 4i00-012080-se02- >
2.899 a.4a7et ©
8/03/2020 6/30/2020 003938 DRAPER ADEN ASS 2020060562 2012140 31321140 “exo0-vazo20-3090- =
8/03/2020 3/04/2020 006707 EXBCC PATIENT S 03062020 "220136 “2o0lae 4300-032020-5503- ==
Bole 330136 +
1/03/2020 7/02/2020 003027 esax INC oxesaase 800-00, $00.09 4x00-022200-3090- =~
200700, S00.00 «
9/03/2020 7/17/2020 002836 FERGUSON BRIAN REIMB. TOLL 23.00, 2300 "4200-ce2¢00-seo7- =~
23.00, 23100
1/03/2020 5/08/2020 000230 FIRE PROTECTION 3947 2,270:00 2,270/09 “¢100-243020-300¢-—-
aa70"00 1270/00 *
8/02/2020 7/06/2020 001445 FISHER AUTO PAR 397-256321 33180 1280 “¢x00-022020-s408–
8/03/2020 3/10/2020 Obteas FISHER AUTO PAR 397-256509 ines iiles fioocoaioz0-seaa- >>
8/03/2020 3/17/2020 Goiaas FISHER AUTO PAR 397256685, 0198 220.78 tloo-oaoz0-se08- >
156.27 356127 +
18/02/2020 7/14/2020 002747 FOLEY COMPANY 248665 eels ioal4s 4100-021060-401—
foals doalas +
9/03/2020 7/28/2020 ooves¢ GaLL’s, 1c 15890402 34:00 e100 4200-022020-se0s- =
2/03/2020 4/01/2020 ce0ese GALL’S, Lue 1589707 202/88 goalies fi00-03z020-se09- 2 >
3eeles Beales ©
19/03/2020 4/16/2020 003676 GENTRY LOCKE AT 284865, 7,039.38 7.039138 ¢300-031020-3002- ==
8/03/2020 7/15/2020 004428 GILMER, ELLEN 07152020 $0100, “T2000 41¢0-072030-2008-  ~
320-00, hole +
8/03/2020 7/21/2020 003859 HESS DONNA 07212020 is2’00 Y2100 "4100-013010-s402- –
3s2l00 is2l00
8/03/2020 7/35/2020 004651 HONAKER, JEWNIF 07152020 ies "00 205100 "4100-072030-2008- -—-
dosi00 £05100 +
8/03/2020 6/03/2020 o0021¢ HUFFWAN’S TIRE 06062020 i90"00, 290109 4100-031020- -
8/02/2020 ¢/03/2020 o00314 HUPFMAR’S TIRE 06062020 433109, 65°00 4100-o31020- a
8/03/2020 6/03/2020 oooaie MUPFMAN’S TIRE 06062020 280.00, 380100 ¢300-032020- Dt
703/2620 €/03/2020 900318 HUPEMAN’S TIRE 06062020 200/06, Geolee #300-031020-% a
42,353.00 3,389/00 +
9/03/2020 7/20/2020 004667 roExx DISTRIBUT 306siSs¢84 20 315.83 3isies ¢i00-072020-s402- ==
prerrl 313.83 +
8/03/2020 7/23/2020 003866 rxNOvATIVE TEC 2427 33’s0 {12’S0 “4r00-o22020-se2s–
2/03/2020 2/23/2020 003866 INNOVATIVE TSCH 2429, 2.382150, 1,352180 <leo-c1zaso-saar- =
2/03/2020 3/23/2020 03866 INNOVATIVE TECH 2438 Feecrart) LI1z8!00 sico-c1zse0-s002-
2703/2020 7/23/2020 003866 THNOVATIVE TEC 337/50, 337180 Gioocoaeouo-sacl.
2/03/2029 2/23/2020 03666 INNOVATIVE TECH 3°80 Srise sieo-ova010-2008- >
2/03/2020 3/23/2020 co3eee iNMOVATIVE TECH 37/80 37’80 aioo-oz1010-se0- >
8/03/2020 7/23/2020 003866 INNOVATIVE TECH 280100, 250"00 @ioo-o1s0z0-3002- ==
8/03/2020 7/23/2020 co3ace IMMOVATIVE TECH Pare a7aula7 4io0-031020-3008- >
8/03/2020 7/23/2020 003866 INNOVATIVE TECH 332188 2iaso d:0e-o3z0s0-s203- >
s.ise.47 sass? +
4/03/2020 7/14/2020 001784 JAN WAY COMPANY 135976 10 3ia"00 378100 4300-073020-se0x- =~
378100 oo
8/03/2020 9/03/2020 000337 SOENSON FEST CO 4034 458.00 98 "¢200-0¢3¢20-300¢- =~
3/03/2020 6/03/2020 606337 JOHNSON PEST CO 4035, 258/00 BSel00 ¢coco4s020-3008 >
516209, Sieles +
pos 7/29/2020
pus pare
3703/2028
8703/2020
27/03/2020
2/03/2020
03/2020
9/03/2020
97/03/2020
9/03/2020
8/03/2020
8703/2020
8/03/2020
2703/2020
8/03/2020
8703/2020
8703/2020
8/03/2020
8703/2020
8/03/2020
8703/2020
8703/2020
8/03/2020
8703/2020
8/03/2020,
8/03/2020
5703/2020
8/03/2020
8/03/2020
5723/2029,
3/03/2020
5703/2020
8703/2020
8/03/2020
8703/2020
9/03/2020
8/03/2020
8703/2020
9/03/2020
8/03/2020
2703/2020
8/03/2020
2703/2020
8703/2020
8/03/2020
8703/2020
8/03/2020
8703/2020
8703/2020
8/03/2020
5703/2020
8703/2020
‘6/22/2028
5701/2020
6/22/2020
9/20/2019
9/24/2019
7106/2020
rp23/2020
2/03/2020
2/04/2020
2/04/2020
2/05/2020
2/30/2020
2731/2020
2/32/2020
2/37/2020
2/38/2020
2726/2020
2/25/2020
3705/2020
371672020
3/46/2020
3716/2020
3/16/2020
3/15/2020
3/20/2020
372e72020
3/24/2020
3724/2020
3/24/2020
3/25/2020
3/26/2020
3/27/2020
3/30/2020
3/33/2020
ayoz/2ozo
£702/2020
£708/2020
S/33/2020
4733/2020
5/33/2020
a7ra/2020
273872020
$/01/3020
6/01/2020
6702/2020
6/02/2020
6702/2020
6/02/2020
6/02/2020
6703/2020
beara
000353,
02142
boat?
ooases
900367
b00367
200367
000367
200367
000367
00367
so03e7
00367
00367
200367
00367
200367
90367
900367
000367
b00367
200367
800367
e036?
000367
00367
REGLEY BOOS
EGLEY BOOKS
EGLEY SERVICE
xesrmer
wax
ver
Lepaxon
LEBANON
EEBAKON
LEBANON
ERBANON
LEBRROR
EEBAROS
LEBANON
EEBAKON
TEamos
EEBRON
LEBANO
LEBAROE
BLOCe
BLOCE
Block
BLoce
BLoce
BLoce
BLOCK
BLOce
BLOCe
Block
Bioce
BLOcE
BLOcE
Broce
BLoce
BLOCK
BLOCE
BiOcr
A/P CASH REQUIREMENTS PRE-LIST COMPANY #-00%
‘gezaz02
97012026
96222020
2337
3510-62322,
30866073,
352037
32706
352902,
3aees
Beene
asssee
355058
357919
358173
350593
Seer
3se796
30380
359233,
acer
30278
3enssi
Jeairo
aie
sie
373782
Bases
cass
caoss ant.
107100,
20 ee
3e.00
2s 65
6,045.20
1026.65
tex)
38.27
709-65
so.12
545105,
"300122
32.08
2,773.38
36:39,
ers
pereery
36.82
e27140
43.98
38.36
is195
15.89
Prraees
Fuxpge100
XED_AMOUNT G/t_Accoust
00-b73010-saa2-
61.78
307/00,
30.00
67.33
352163
35182
768.65
206166
1,267.85
cerry
“19102
6634
243100
129/80
93060
aagziag
2,773.98
708168,
0.40
2140
927.40,
2130
3.88
‘Hoo-073010-5.
4200-035050-sa0%
44200-032020-5409-
‘oo-eaieaa-3008-
4100-0x2030-5402-
‘¢100-072010-3002-
4200-098010-705¢-
3200-098010-7056-
‘op: osa0i0-705
-09a010-705:
‘oo-osa010-7054-
4100-094030-7054-
Shoa-ose0z0-705¢-
‘Stea-ageana-70se~
‘St0g-ese0n0-708e~
3200-09e010-705¢-
100-098010-7086-
2 -09a010-70se~
$o0-osa010-7056-
o0-0sa020-7050-
$100-cae030-705¢-
‘Stoo-esa0n0-705¢—
32o0-o9e010-7066-
4300-042400-5407-
‘op-o4g020-3407-
4300-043020-5407-
Siee-ee3020-sa07—
Seaceazcoo-seo7—
apes 7/29/2020
bus pare.
93/2025
8703/2020
9/03/2020
8703/2020
8/03/2020
8703/2020
8/03/2020
8/03/2020
8703/2020
8/03/2020
8703/2020
7037/2020
8/03/2020
8/03/2020
2703/2020
8703/2020
8/03/2020
8703/2020
8/03/2020
8/03/2020
8/03/2020
8703/2020
8/03/2020
8703/2020
8703/2020
03/2020
03/2020
03/2020
8/03/2020
s/02/2020
2703/2020
8703/2020
e703/2020
8/03/2020
9/03/2020
e/o3/2020
‘2/03/2020
5703/2020
8703/2020
8703/2020
8/03/2020
8703/2020
8/03/2020
72372020
8/03/2020
5793/2020
8703/2020
nav. Dare
6708/2026
6708/2020
6/08/2020
6/08/2020
6708/2020
6/08/2020
6/08/2020
6/10/2020
6/10/2020
6/31/2020
6/35/2020
6/16/2020
6/22/2020
6/22/2022
6/22/2020
6/23/2020
6/23/2020
6/23/2020
6/24/2020
8/30/2020
6/30/2020
6/30/2020
£/30/2020
e/s0/2020
6/09/2020
§/36/2020
6/24/2020
&/03/2020
Sys0r2020
o/29/2039
1101/2020
vias/2020
ayos/2020
/07/2020
syors2ez0
s/23/2020
4/23/2020
5/32/2020
5/19/2020
8/22/2020
5/24/2020
5/26/2020
6/04/2020
£708/2020
§/25/2020
3/16/2020
6701/2020
a00367
200367
500367
900367
00367
800367
00367
00367
200367
00367
200367
00367
oo0367
003367
oo3es2
93123,
903123
00323
00323,
803123
TEEN
Peery
EEBANOS
LEBAKON
ERBANON
EEBRRON
LEBANON
team
LeBmoH
EEBAnON
LEBANON
wrLER,
wOBILE comante
er RAR
Ovnereuy
OrnetiLy
OrREILLY
OragrLLy
OreeiLLy
corse
oro
oro
oro
oro
Bore
A/P CASH REQUIREMENTS PRE-LIST COMPANY W-001
Fae
32288
37353,
3na277,
3oa347
33a393
33033
3rse1s
395929,
375080
Hes76
37074
337239
373269,
36033,
REIND. MEALS
76068
onsae20
125272299
2943-252068
3943 355262
3943-356758
1943-357603
isa3-a57520
1943-359508
igea-asen12
3543-89002
FoxDte200 PAGE 6
cross Aer. __NET aNoUNT G/u Accoust Pow
0.27 0.27 400-042400-s407- -
5.45 4s siooco7ieeo-seas-—
per 2199 fioo-oaae00-se07- >
50.25 bias 4i00-0¢2600-5¢07-
2.40 ‘2140 4100-0a2020-8807- >
33.38 ails dio-vezeoo-seo7- =
pes 30 4100-042400-5407- =
ise ‘5 4io0-071040-se05- =
13156 a31s¢ Gioo-oasozo-sao7. 2
36.76 3el76 4200-oaae00-sao7- >
pierd Se128 Gioo-oazaoo-sao7- >
ed 3374 Sieo-easoze-seor- >
650.90 680l74- €a00-o9¢020-7058- >
$188 $155 4i00-043020-5407- >=
30133 3033 #200-c42e00-sa07- =
3030. 430.30- di0n-o7a040-se0s- =
2,038 1.039ee eieo-osaoao-70sa-
20 420.83 £100-042400-5e07- ==
36.58 {else e100-ceaoaa-seo7- =
122/30, 122130 #100-0s010-7054-
356.38 156.39 4100-o9e010-7054-
1,320.08
isis
1,641.00
37,378.22
2i8"00,
S36l80
56.80,
70.00
38
39139,
26193
alee
48
2,
136 Sioo“ersoio-seas-
27!6e 4100-0gi020-se09-
abl44 4100-031020-se09-
39.96 4100-031020-9809-
Soa’ss +
iisi3a +
43100 _4100-073020-5422-
320100 "«100-072030-3009-
395122 "«xa0-032020-7006-
T8100 +
@21.60 _4100-073010-2002-
926.80 +
70.00 4100-031020-s408-
59.87 4100-031020-seo8-
33147 d:oo-o3z020-s408-
344179 4300-031020-5408-
7138 4300-031020-sa08-
@ilea <20a-eaie20-se0e-
20152 10d-osi020-se08-
‘2199 #oo-031020-8408-
pos 7/28/2020
“e703 72028
aro3/2020
8/03/2020
efo3/2020
e/o3/2020
e7o3/2020
9/03/2020
03/2020
8703/2020
8/03/2020
8703/2020
8/03/2020
2703/2020
8/03/2020
8703/2020
2703/2020
3/03/2020
9703/2020
8/03/2020
9/03/2020
8/03/2020
8/03/2020
#/03/2020
5/03/2020
8703/2020
9703/2020
8703/2020
8/03/2020
5703/2020,
8/03/2020
8/03/2020
8703/2020
2/03/2020
8/03/2020
5/03/2020
270372020
8/03/2020
8/03/2020
87/03/2020
8/03/2020
sw. pare
77472028
12/19/2018
aisvf2020
s/2ar2020
710912020
a/as/2020
3/37/2020
77/2020
3133/2020
7/37/2020
2/23/2020
2/37/2020
2317/2020
3737/2020
3/37/2020
273773020
27/37/2020
273112028
7118/2020
7012020
372072020
7/20/2020
9/03/2029
7/09/2020
7109/2020
si23/2020
3123/2020
4/23/2020
7/23/2020
2123/2020
3/23/2020
7/23/2020
7723/2020
3723/3020
3/23/2020
7723/2020
7/01/2020
6/30/2020
2/19/2020
Tnasrae28
vewoor
‘300804 OLD SOMIRION FO
o04s20
oozes
a
cosei
coeese
ooeee3
003455
0005s
8005s.
Sones
so0sse
so0sse
oonsea
oozese
prserz)
RECORDED BOOKS:
REC COMPAN
RICHLANDS FARK
‘RICOH AMERICAS
RIGOR AMERICAS
RICOH AMERICAS
RICOH AMERICAS
RICOH AMERICAS
RICOH AMERICAS
RICOH AMERICAS
RICOH AMERICAS
RICOH AMERICAS
RICOH AMERICAS
RUSSELL comTY
SAFELITE AUTO G
SAFELITE AUTO G
say’s cuuB/sEcR
SaN’S CLUB/GECR
SA’S CLUB/GECR
SAM’S CLUB/GECR
SAM’S CLUB/GECR
Sau’ CLuB/GEcR
San’s CLuB/GEcR
Saws cius/eEce
Shu’s CLUB /GECR
saus Ciua/GECR
Saws CLOB/GECR
SOUTHERN SOPTHA
souriwasr viRst
‘STANDARD PRINZE
A/P CASH REQUIREMENTS PRE-LIST COMPANY 8-001
‘ri4z020
PRO-FORNA 0720
213-8100871987
33740035
S37an396
05384829
33tesie0
B3es242
a37eses2
3 neseas
33708608
0G-20
bosoe3020-1
oe0s2020
ox292-207451
03380-52373,
e2a32020
or232020
oxaaa0a0
7232020
39232029,
Foxpeaic0
Ross bo. NET ANOUNT G/L ACCOUNT
a3 46.37 ei00-071040-S101-
48.37 aeo37 +
S630 4.78 4100-032020-5408- =~
par 50.78 «|
520195 520199 4100-021060-201—
$20.99, 520.39 +
e823 [email protected] 4100-o73010-saun-
ee 23 Se0.23 +
265.72 366.72 “ex00-043020-3008- ==
55.63 95.69 4200-072080-s604- =~
23.68 35.63
ai1lee “«x00-023020-3008- ~~
issiee €ioo-o320s0-3005- =
fesles >
e419 fioo-o1ai30-3008- >
‘40.33 4100-073010-2002-
20130 4100-022010-3008–
4.03 <10ocoasoio-sani- >
‘alea sdoo-oza0i0-sers- >>
264/90 @100-o21020-3005- ==
$6.97 sioo-ozeoio-sani- >
258160 dzo0-o1z010-3005- =
ies hells Gloo“osz0so-300s- | >
35.00 75100 4200-072030-3009- =~
33.00 7eaa
47,244.23, 47,244.23 "4200-095010-9230- -
3124523, ‘Sizes.23 t1go-0ssoi0-930-
Ewer] 3’4eaaa tieo-0gs0n0-91300
53/951.98 $3138 96 +
2206176 '21206.76 4100-082010-8025- =
41208.76 208.26 +
65.50 5.50 4100-022020-sane- =~
53.95 59195 4100-031020-s408- ==
Preaeed aslas +
$8.72 Sera 4100-ca3020-s405- =~
aaa 43044 4100-0a3020-sens- |
2315e Galt oocasoze-saos
pres] Sess Gioo-casz0-saos- =
45.56 43136 4i00-cesoz0-seos- =
else 6138 S200-casoz0-saos- =
499.94 459.94 Gioo-oa¢ouo-son
i07’62 Yerla2 Giao“oasoza-seas- >>
peter L326 fieocoaeonocsean- >
2.38 26198 aioo-oe30a0-se0s- ||
4094300 41943100 4100-032050-3005- =~
ain "00 i043 00 +
602/341.78 602,742.78 4200-033020-3009- =~
Goareii7e 602,742.78 +
129.00, 125100 “4z00-022060-se0x- ~~
Paeteaer) a Ang Goo-osioso-se0s) ST
Tizas 34 Ferrera
aposo 7/23/2020
3/03/2020
8703/2020
9703/2020
8/03/2020,
8703/2020
9/03/2020
8/03/2020
2/03/2020
2703/2020
5703/2020
8703/2020
9/03/2020
8/03/2020
8/03/2020
eyo3/2020
eyos/2020
2703/2020
eyes/2020
ayo3/2020
ayo3/2020
8/03/2020
8/03/2029
8/03/2020
8/03/2020
8703/2020
2703/2020
8703/2020
3703/2000
2127/2020
6/10/2020
6/30/2020
6/27/2020
6/15/2020
7/16/2020
6/04)2020
70172020
370872020
7123/2020
5/28/2020
67/23/2020
Sier2e29
740212020
vi22/2020
ais2/2020
40712020
1135/2020
vias/2020
2/22/2020
7724/2020
27/08/2020 00:
6/06/2020
67/06/2020
70672020
6/06/2020
bo0see
so0a6e
cone7s
002133,
002133
soaere
oasis.
008278
o0aa7e
000239
00239
THE LESARON NaH
THE LEBABOR NEw
Tae LEBARON NEW
‘TREASURER OF VI
‘TREASURER OF VI
‘TREASURER OF VI
‘TRICITIES/SHVA
‘ULERA BRIGHT LI
VIRGINIA ELECTR
HAYNE MUSICK
WELLS FARGO VEN
WELLS FARGO VEN
SILLIAMS RANDY
XPRESS LUBE
XPRESS LUE
A/P CASH REQUIREMENTS PRE-LIST COMPANY #-001
vows
sean
206862
2oBsi6
es36
03929932
o3saae23
REIMB, MILEAGE
6022020
Se0z2026
TOTAL FOR DUE DATE 6/03/2020
FOPAL DUE FoR FUND- e100
3elee
fe30
318.00
1513
Beers
49100,
120100,
3360
berias
iSsl00
Sales
3.53.27
3is3i.27
60.00
49108
343100,
sels
338100
63185
268196
518/00,
iene
ceed
120.00
ies’s0
367 ee
133.00,
Shige
3.931.297
3531127
60.00
45.00
reer
238/00,
63.83
S93
259136
973,968.73,
uND¥4100
NET aNoUNT G/L accoust
‘100-011010-3007-
‘100"013010-3007-
‘#i00-035030-3002-
s200-022020-3007-
'4100-012130-5901-
‘¢100-o710¢0-5202-
'¢100-072030-2009-
'4200-022200-3005-
“4200-031020-5408-
Sho0-a3i020-se0
‘Moa-aszoze-sea
ape6o 7/29/2020
~epe3fa28
9/03/2020
8703/2020
8/03/2020
9/03/2020
9723/2026
ssossz0z0
6/04/2020
6/23/2020
8/03/2020
[A/D CASH REQUIREMENTS PRE-LIST COMPANY #001 FUND#4208 PAGE 8
vewpor, saworce LASS __ckoss wer. __NET awouT 6/1 account 2.0.8
Geseee ERVOVATIVE TECH 2437 180-c0 350.00 4208-063020-Sea3- -
000267 LEBANON BLOCK & 372107 39100, 39.00 4208-043020-s413~
Sooae7 LeaaNoN BLOCK © 392233 a3, 64195 4208-0¢3020-5413- .
900367 LeRANON Block & 375787 Yolo i050 4208-0a3020-se13- :
ne anelas +
002216 SECOND HARVEST APPROP. 2020 2,500.00 2,500.00 _4208-043020-5413- -
2,500.00 2’30a.00 +
TOTAL FOR DUE DATE 5/03/2020 21760 45 2768.45
‘TOTAL DUE FOR FUND- 4208 21768185 2166.68
pos 7/29/2020
ue pare
3703/2028
8/03/2020
8703/2020
9/03/2020
8703/2020
9/03/2020
9/03/2020
9/03/2020
8703/2020
9/03/2020
9/03/2020
av. DATE
~e73672028
6/24/2020
6/30/2020
6/26/2020
3706/2020
6/30/2020
6/30/2020
3/23/2020
7/23/2020
ryozj20z0
2102/2020
vewwon.
200367
00227
conse
008708
LEBARON BLOCK &
LEBANON BLOCK &
MOWASTER-CARR S
san’s cuUB/GECR
SAM’S CLUB/GECR
STRVENS, NICHAE
A/P CASH REQUIREMENTS PRE-LIST COMPANY 4-002
22038
378870
36548
43643008
‘a23-sooee6ses6
07232020
7022020
TOTAL FoR DUE BATE 9/03/2020
TOTAL SUE FOR FOND 4038
Dinect DEbost™
Payable Total
FINAL DUE



1260
0781950
200
38
3B
20
37-10
Eset)
ery
satay
36.98
20a:
15139
350100,
60.00
60:00
1,260°35,
978,990.33,
oo
PonDtee39
Mer awoust g/u accor
639-c03990-se07-
4639-003990-5¢07-
‘639-083980-5407-
'4839-083990-5407-
'4839-083990-5407-
9-083990-S405-
'4038-083990-5407-
Board of Supervisors      Action Item
137 Highland Drive Presenter: Chairperson

Lebanon, VA 24266
    Meeting: 8/3/20        6:00 PM 

Russell County Government Center
137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011
www.russellcountyva.us
Board Appointments
Committee Appointments for Board Consideration.
RC Industrial Development Authority
David Mullins            Four-Year Term            August 1, 2020
Community Policy Management Team
Patrick Brunty Three-Year Term    August 7, 2020
Joni Lester  Three-Year Term    August 7, 2020
SWVA Community Correctional Criminal Justice Board
Doug Howard  Two-Year Term    June 2020
Staff Recommendation:
Board Discretion.
Board of Supervisors
137 Highland Drive
Lebanon, VA 24266
Meeting: 8/3/20 6:00 PM
Action Item
Presenter: Chairperson
Board Appointments
Committee Appointments for Board Consideration.
RC Industrial Development Authority
David Mullins Four-Year Term August 1, 2020
Community Policy Management Team
Patrick Brunty Three-Year Term August 7, 2020
Joni Lester Three-Year Term August 7, 2020
SWVA Community Correctional Criminal Justice Board
Doug Howard Two-Year Term June 2020
Staff Recommendation:
Board Discretion.
Russell County Government Center
137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011
www.russellcountyva.us
E
IE |
is
ey
ie
ig
1s. |
is
Hl
is
ie
industrial Development Authority
Board Appointments for 2020
David Mullins
Four Years August 1, 2020
[Community Policy Management Team
Patrick Brunty
Three Years ‘August 7, 2020
JJoni Lester
Three Years ‘August 7, 2020
Heart of Appalachia
[Heather Powers
Two Years September 10, 2020
JAngie Carpenter
Two Years ‘September 10, 2020
Highway and Safety Commission
[Tim Lovelace
‘Two Years October 1, 2020
industrial Development Authority
liarred Glass
Four Years October 3, 2020
[Coal Hauling Road Commision
[Tim Lovelace
Four Years November 7, 2020
Drill Community Center
[Charlene Blankenship. Two Year December 31, 2020
Rachel Helton’ ‘Two Year December 31, 2020
Doug Lester Two Year December 31, 2020
Harold Dean Thomas, Two Year December 31, 2020
[Betty Sue Hess Two Year December 31, 2020
COUNTY OF RUSSELL, VIRGINIA
COMMITTEE APPLICATION
wate a Ken hy? “kan
cay! rst) (Middle Initial) Vir, Mrs, Miss, Rank)
womeappress: (2 0. (fe j
Ker Boohirshry @ UnPbatom
Achtae la. Yat Cena Ate)
TELEPHONENUMBERS: 976. SP9-/YF7 2% LP ME
(Home) Business) (FAX)
PROFESSION/VOCATION: —Dyvyanace. Srl —
BOARDSICOMMISSIONS ONWuIcH YoU WisttTo sERVE: Cumberland Fla tay
(Cist no more than 3 ~- inorder of preference :) Zo,
om nTENISTS: Agri au Cfure
Loa
EDUCATION:
JOB EXPERIENCE:
CIVIC OR SERVICE ORGANIZATION EXPERIENCE:
ARE YOU CURRENTLY A MEMBER OF A RUSSELL COUNTY BOARD OR COMMISSION?
IF YES, PLEASE NAME:
HAVE YOU PREVIOUSLY SERVED AS A MEMBER OF A RUSSELL COUNTY BOARD OR COMMISSION? ho
IF YES, PLEASE NAME:
“e DISTRICTNUMBER: J
ARE YOU AREGISTERED VOTER?
COUNTY OF RUSSELL, VIRGINIA
COMMITTEE APPLICATION DI
Currently Serving On;
wwe: Arevters
T Cast) ist) (Middle Initial) (Mir, Mis., Miss, Rank)
HOME ADDRESS: Zo0b Ldoods ald De.
Jseaka) JA ch atrbabel lepassellaouiigess
Os (Bail Address)
‘TELEPHONENUMBERS: — @76)408 06/9 (Ct) B80 - 4451
(Home) (Gusiness) (FAX)
prorussionvocation: —_ “yazant  fasseee Co Snenels OFF tcé
BOARDS/COMMISSIONS ON WHICH YOU WISHTO SERVE: __Z De
(List no more than 3 — in order of preference :)
OTHER INTERESTS:
wpucation: GS Chania Tustice Bnereip locas fds lar. Teen Selee
baateor Leccutvé LEAvEAs MP carcasnie (we rieiests Meee.
JOBEXPERIENCE: _¢ffvease. ofvroneu’s Ve. Detury ROS, Curae Lé8Ados FO Fed
Aedecse (wer RCSD
CIVICOR SERVICE ORGANIZATION EXPERIENCE: Reawidé Gwaussiod, Leones Longe #257 A fy AM
Lite Afemes LL St
ARE YOU CURRENTLY A MEMBER OF A RUSSELL COUNTY BOARD OR COMMISSION? Rasarse Comnissesd
A
HAVE YOU PREVIOUSLY SERVED AS A MEMBER OF A RUSSELL COUNTY BOARD OR COMMISSION? Bos’
Z
IF YES, PLEASE NAMB:
IF YES, PLEASE NAME:
ARBYOUARRGISTERED voreR? _\fhg DISTRICT NUMBER:
Loretta Vance
From:
Sent:
To:
Subject:
Friday, July 17, 2020 9:39 PM
[email protected]; loretta.vance@russellcot
Online Form Submittal: Board and Committee Applicatio
Board and Committee Application
Name Nathan Kiser
Email Address Nathan, [email protected]
Address 918 Green Valley Rd
City Lebanon
State Virginia
Zip Code 24266
Phone Number 8043177869
Fax Number Field not completed.
Board/Committee on Which IDA
You Wish to Serve
Other Interests Field not completed.
Education Graduated with Honors from Lebanon High 2002
B.A. In History from UVA at Wise 2006
Job Experience 15 Years of Construction and Building Materials Experience
14 Years of Sales Experience (8 years In Home Sales)
Civic or Service Boy Scouts of America Life Scout
Organization Experience Russell County Republican Party Chairman for 5 years
Are you currently a member No
of a Russell County Board or
Committee?
If YES, please name: Field not completed.
Have you previously served No
‘as a member of a Russell
County Board or
Committee?
RUSSELL COUNTY BOARD OF SUPERVISORS
BOARD / COMMITTEE APPLICATION
DATE OF APPLICATION: July 24, 2020
(Please print or type in black ink)
NAME OOH, STAMPER (B00) stamperwreckerservicetgmail
First) (Last) (Email Address)
MAILING ADpREss; 11703 US. HWY 19 LEBANON VA 24266
811 SETTLE LANE ROSEDALE VA 24280
E911 ADDRESS:
276- asi
TELEPHONENUMBERS: 276-880-2087 276-889-5070 Cane
(Home) (Gusines) (Cell
PROFESSION/VOCATION: OWNER/PRESIDENT – STAMPER WRECKER,STAMPER AUTO, TINROOF ENT
BOARDS/COMMITTEE ON WHICH YOU WISH TO SERVE: IDA
(List no mote than 3 ~ in order of preference :)
OTHER INTERESTS:
EDUCATION: LEBANON HIGH SCHOOL
JOBEXPERIENCE: Owner / Operator of Stamper Wrecker Service run roll
backs and large wreckers. Operator of Stamper Auto Sales—-
selling used cars and buying used cars Owner of Tractor Trailer
trucks anda driver of the trucks as needed. Jerroleens Shed score MVX, awes
CIVIC OR SERVICE ORGANIZATION EXPERIENCE: RUSSELL COUNTY FAIR BOARD OF DIRCTORS 20 ¥EARS
LEBANON LITTLE LEAGUE, PLEASANT HILL BAPTIST CHURCH BOARD MEMBER
ARE YOU CURRENTLY A MEMBER OF A RUSSELL COUNTY BOARD OR COMMITTEE? —_NO
IF YES, PLEASE NAME:
HAVE YOU PREVIOUSLY SERVED AS A MEMBER OF A RUSSELL COUNTY BOARD OR COMMITTEE? NO
IF YES, PLEASE NAME:
RUSSELL COUNTY BOARD OF SUPERV!
BOARD / COMMITTEE APPLICATION
DATE OF APPLICATION:
(Please print or type in black ink)
NAME: HARRY Ler Gvsonr He Fete 2o/0® ovrbooe. cor
Cirsy 7 (Last) (Bmail Address)
MAILINGADDRESs: ¥3ZAS Meaeen) Vahey RD
sotappness: __hewanos VYA~ ayatl
‘TELEPHONENUMBERS: 27 -$89 -S)io 7 B26-20/-7719
(Home) (Business) (Cell)
PROFESSION/VOCATION:
BOARDS/COMMITTEE ON WHICH YOU WISH TO SERVE: TOR
(List no more than 3 ~ in order of preference :)
OTHER INTERESTS:
epucavion: __ Business Degnee SVC Aernre2 Qop2 Epa Oar oee
Un. Rusk Gator onnearer - 7 eeeneee
JOBEXPERIENCE: yen Chunsamore Bayes - Tor Orouoen /by hs
x. _ GykS— Rental usnarries ~ Aap
Hv ZwspecTeR — Sdih ERosimed Tr spewR
CIVIC OR SERVICE ORGANIZATION EXPERIENCE:
ARE YOU CURRENTLY A MEMBER OF A RUSSELL COUNTY BOARD OR COMMITTEE? yes.
rves,PLEAsENAME: , PLANNING Commisian 6 YRS ofp bee 2019
HAVE YOU PREVIOUSLY SERVED AS A MEMBER OF A RUSSELL COUNTY BOARD OR COMMITEE? yes
IFYES,PLEASENAME: __Qugserr Co Seas heanico Ilyas th Ban, avis
foot Cor Peek f peor (i eo!4
Southwest Virginia
Darin P. Russell, Director
Post Office Box 2725
Lebanon, VA 24266
‘Tel. : (276) 889-5862
Fax: (276) 889-5864
Community Corrections
July 2, 2020
Mr. Lonzo Lester
Russell County Administrator
PO Box 1208
Lebanon, VA 24266
Dear Mr. Lester:
| understand that Doug Howard’s appointment to the Southwest Virginia Community Corrections
Criminal Justice Board is set to expire. | respectfully request that Mr. Howard be reappointed to
represent Russell County. Please set this matter for your next Board of Supervisors Meeting
Thank you for your consideration of this matter.
Sincerely,
Darin P. Russell
Director
Serving the Courts of Bristol, Buchanan, Dickenson, Lee, Norton, Russell, Scott, Smyth, Tazewell, Washington, and Wise
Russell County Government Center
137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011
www.russellcountyva.us
Board of Supervisors   Action Item 

137 Highland Drive                                  Presenters - Attorney
Lebanon, VA 24266
     Meeting: 8/3/20        6:00 PM 

County Attorney Reports


RC PSA Consolidation, Financial, & Support Agreements………………………B-1


RC PSA Glade Hollow Water Project…………………………………………………B-2


RC IDA Tobacco Commission Grant…………………………………………………B-3


Continuity of Government Operations………………………………………………B-4


Personnel Policy…………………………………………………………………………B-5


RC Courthouse Design-Build RFP……………………………………………………B-6


Courthouse Security Ordinance Public Hearing……………………………………B-7


Staff Recommendation:
Board Discretion.
Suggested Motion:
Motion Required.
ATTACHMENTS:
• Various
Board of Supervisors Action Item
137 Highland Drive Presenters - Attorney
Lebanon, VA 24266
Meeting: 8/3/20
PM
County Attorney Reports


RC PSA Consolidation, Financial, & Support Agreements.


RC PSA Glade Hollow Water Project.


RC IDA Tobacco Commission Grant.


Continuity of Government Operations.


Personnel Policy…


RC Courthouse Design-Build RFP.


Courthouse Security Ordinance Public Hearing.


Staff Recommendation:
Board Discretion.
Suggested Motion:
Motion Required.
ATTACHMENTS:

Various

Russell County Government Center
137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011
www.russellcountyva.us
From: Carter R. Brothers
To: Katie Patton; Rhonda Lester; Hughes, Darlene - RD, Richmond, VA; Megan Martz Gilliland
([email protected]); Shawn B. Crumlish
Cc: Rita Baker; [email protected]; Andrea Pearson; Hilt, Robert - RD, Lebanon, VA
Subject: Draft Resolutions for consolidation project and Glade Hollow/Glade Hill [STB-WORKSITE.FID913284]
Date: Wednesday, July 15, 2020 6:06:56 PM
Attachments: Authorizing Resolution (Castlewood facilities bond assumption).DOC
RCPSA_C-515284-02_Pmt Schedule.PDF
Russell County PSA - Wastewater Financing Assumption Agreement (6 27 20).DOC
Authorizing Resolution (drinking water master financing agreement).DOC
RCPSA__WSL-RC-02 Pmt Schedule.PDF
RCPSA_WSL-RC-01 0%.PDF
Russell County PSA Drinking Water Master Financing Agreement (all existing drinking water loans 6 27 20).DOC
Authorizing Resolution (Glade Hollow_Glade Hill project).DOC
Russell County PSA_Drinking Water Financing Agreement (WSL-020-18)_1…DOC
Everyone,
I have attached:


 Draft authorizing resolution for the assumption of The Castlewood WSA's bond



financed by VRA, as Administrator of the Water Facilities Revolving Fund and to
authorize new bond for remaining principal amount under the Financing Assumption
Agreement


 Current repayment schedule for this new VRA bond



 Current version of the Financing Assumption Agreement



 Draft authorizing resolution for the assumption of the remaining Castlewood WSA



bonds (RD and VRA) and County bonds (RD and VRA) and the restatement of the
existing PSA VRA bonds (two new bonds will be issued replacing the VRA (Water
Supply) bonds under the Master Financing Agreement; the RD bonds will just be
assumed–Darlene, let me know what else might be required.


 Current repayment schedules for the two new VRA bonds under the Master



Financing Agreement.


 Current version of the Master Financing Agreement



 Draft authorizing resolution for the Glade Hollow/Glade Hill project



 Current version of the Glade Hollow financing agreement



Megan and I have worked up the authorizing resolutions so that the consolidation pieces in
theory happen immediately before the new Glade Hollow\Glade Hill financing closes. When
the dust settles, the outstanding obligations of the PSA will be the 3 County RD bonds now
assumed by the PSA, the 3 Castlewood RD bonds now assumed by the PSA, the three
“new” consolidation bonds, and the Glade Hollow/Glade Hill bond.
I hope to circulate draft opinions tomorrow.
Timing is getting tight if the PSA wants to adopt the resolutions at its Tuesday, July 21st
meeting so please get me comments as quickly as you can.
Thanks,
Carter
Carter R. Brothers
Spilman Thomas & Battle, PLLC
Member
mailto:[email protected]
mailto:[email protected]
mailto:[email protected]
mailto:[email protected]
mailto:[email protected]
mailto:[email protected]
mailto:[email protected]
mailto:[email protected]
mailto:[email protected]
mailto:[email protected]
mailto:[email protected]
Borrower: Russell County Public Service Authority Interest: 0.00%
Loan Number: C-515284-02 Late Fee:  5.00%
Loan Amount: 23,173.29$
Interest 3.00%
Principal Payments: 5
PMT. DATE LOAN BALANCE AT      PAYMENT COST OF FUNDS PRINCIPAL LOAN BALANCE
DUE START OF PERIOD        DUE PORTION PORTION AT END OF PERIOD
1 11/1/2020 23,173.29$ 4,845.29$ 347.60$ 4,497.69$ 18,675.60$
2 5/1/2021 18,675.60 4,845.29$ 280.13$ 4,565.16$ 14,110.44
3 11/1/2021 14,110.44 4,845.29 211.66 4,633.63 9,476.81
4 5/1/2022 9,476.81 4,845.29 142.15 4,703.14 4,773.67
5 11/1/2022 4,773.67 4,845.28 71.61 4,773.67 -
24,226.44$ 1,053.15$ 23,173.29$
ViRGINLA
Resources,
AUTHORITY
Borrower: Russell County Pul interest: 0.00%
Loan Number: (C-515284-02 Late Fee: 5.00%
Loan Amount: s 23,173.29
Interest 3.00%
Principal Payments: 5
PMT. DATE LOAN BALANCE AT PAYMENT COSTOF FUNDS PRINCIPAT, TOAN BALANCE
DUE __STARTOF PERIOD DUE PORTION PORTION __AT END OF PERIOD
1 11/1/2030- 2,173.29 S ASD S 347.00_S 4497.09 18,675.60
2 5/1/2021 18,675.60 § 4845.29. § 280.13 $ 4,565.16 14,110.44
3 1/1/2021 14,110.44 4,845.29 211.66 4,633.63 9,476.81
4 5/1/2022 9.47681 4845.29 142.15, 4,703.14 4,773.67
S 1/4/2022 4773.67 4845.28 7161 4.73.67 :
8 24,226.44 S 1,053.15 S 23,173.29
Borrower: Russell County Public Service Authority Interest:  0.75%
Loan Number: WSL-RC-02 Admin. Fee:  1.50%
Loan Amount: 5,901,097.65$ Late Fee:  5.00%
Cost of Funds: 2.25%
Principal Payments: 54
PMT. DATE LOAN BALANCE AT      PAYMENT COST OF PRINCIPAL LOAN BALANCE
DUE START OF PERIOD        DUE FUNDS PORTION AT END OF PERIOD
1 1/1/2021 5,901,097.65$ 279,721.77$ 66,387.35$ 213,334.42$ 5,687,763.23$
2 7/1/2021 5,687,763.23 222,367.68 63,987.34 158,380.34 5,529,382.89
3 1/1/2022 5,529,382.89 220,585.90 62,205.56 158,380.34 5,371,002.55
4 7/1/2022 5,371,002.55 222,314.51 60,423.78 161,890.73 5,209,111.83
5 1/1/2023 5,209,111.83 220,493.24 58,602.51 161,890.73 5,047,221.10
6 7/1/2023 5,047,221.10 222,261.88 56,781.24 165,480.64 4,881,740.46
7 1/1/2024 4,881,740.46 220,400.22 54,919.58 165,480.64 4,716,259.82
8 7/1/2024 4,716,259.82 222,209.88 53,057.92 169,151.96 4,547,107.87
9 1/1/2025 4,547,107.87 220,306.92 51,154.96 169,151.96 4,377,955.91
10 7/1/2025 4,377,955.91 222,158.64 49,252.00 172,906.64 4,205,049.27
11 1/1/2026 4,205,049.27 220,213.44 47,306.80 172,906.64 4,032,142.63
12 7/1/2026 4,032,142.63 218,685.01 45,361.60 173,323.41 3,858,819.22
13 1/1/2027 3,858,819.22 216,735.13 43,411.72 173,323.41 3,685,495.81
14 7/1/2027 3,685,495.81 209,654.36 41,461.83 168,192.53 3,517,303.28
15 1/1/2028 3,517,303.28 207,762.19 39,569.66 168,192.53 3,349,110.75
16 7/1/2028 3,349,110.75 200,488.14 37,677.50 162,810.64 3,186,300.11
17 1/1/2029 3,186,300.11 198,656.52 35,845.88 162,810.64 3,023,489.47
18 7/1/2029 3,023,489.47 200,363.97 34,014.26 166,349.71 2,857,139.77
19 1/1/2030 2,857,139.77 198,492.53 32,142.82 166,349.71 2,690,790.06
20 7/1/2030 2,690,790.06 200,238.81 30,271.39 169,967.42 2,520,822.65
21 1/1/2031 2,520,822.65 198,326.67 28,359.25 169,967.42 2,350,855.23
22 7/1/2031 2,350,855.23 192,906.27 26,447.12 166,459.15 2,184,396.09
23 1/1/2032 2,184,396.09 191,033.61 24,574.46 166,459.15 2,017,936.94
24 7/1/2032 2,017,936.94 181,959.64 22,701.79 159,257.85 1,858,679.10
25 1/1/2033 1,858,679.10 180,167.99 20,910.14 159,257.85 1,699,421.25
26 7/1/2033 1,699,421.25 181,452.75 19,118.49 162,334.26 1,537,086.99
27 1/1/2034 1,537,086.99 179,626.49 17,292.23 162,334.26 1,374,752.73
28 7/1/2034 1,374,752.73 126,363.57 15,465.97 110,897.60 1,263,855.14
29 1/1/2035 1,263,855.14 125,115.97 14,218.37 110,897.60 1,152,957.54
30 7/1/2035 1,152,957.54 70,856.08 12,970.77 57,885.31 1,095,072.24
31 1/1/2036 1,095,072.24 70,204.87 12,319.56 57,885.31 1,037,186.93
32 7/1/2036 1,037,186.93 71,019.55 11,668.35 59,351.20 977,835.74
33 1/1/2037 977,835.74 70,351.85 11,000.65 59,351.20 918,484.54
34 7/1/2037 918,484.54 71,188.03 10,332.95 60,855.08 857,629.47
35 1/1/2038 857,629.47 70,503.41 9,648.33 60,855.08 796,774.39
36 7/1/2038 796,774.39 71,361.90 8,963.71 62,398.19 734,376.21
37 1/1/2039 734,376.21 70,659.92 8,261.73 62,398.19 671,978.02
38 7/1/2039 671,978.02 65,194.20 7,559.75 57,634.45 614,343.58
39 1/1/2040 614,343.58 64,545.82 6,911.37 57,634.45 556,709.13
40 7/1/2040 556,709.13 57,257.59 6,262.98 50,994.61 505,714.52
41 1/1/2041 505,714.52 56,683.90 5,689.29 50,994.61 454,719.91
42 7/1/2041 454,719.91 50,598.32 5,115.60 45,482.72 409,237.19
43 1/1/2042 409,237.19 49,181.44 4,603.92 44,577.52 364,659.67
44 7/1/2042 364,659.67 47,499.18 4,102.42 43,396.76 321,262.91
45 1/1/2043 321,262.91 46,991.47 3,614.21 43,377.26 277,885.65
46 7/1/2043 277,885.65 47,616.65 3,126.21 44,490.44 233,395.21
47 1/1/2044 233,395.21 47,096.22 2,625.70 44,470.52 188,924.69
48 7/1/2044 188,924.69 36,512.79 2,125.40 34,387.39 154,537.30
49 1/1/2045 154,537.30 36,105.59 1,738.54 34,367.05 120,170.25
50 7/1/2045 120,170.25 28,735.67 1,351.92 27,383.75 92,786.51
51 1/1/2046 92,786.51 30,250.33 1,043.85 29,206.48 63,580.03
52 7/1/2046 63,580.03 25,794.40 715.28 25,079.12 38,500.92
53 1/1/2047 38,500.92 25,512.26 433.14 25,079.12 13,421.80
54 7/1/2047 13,421.80 13,572.80 151.00 13,421.80 -
$7,196,357.80 $1,295,260.15 $5,901,097.65
Vineansra
V Resources:
AUTHORITY
Borrower: Russell County Public Service Authority [eres 0.75%
Loan Number WSL-RC-02 [amin Fees 1.50%
Loan Amount: S— 5,901,097.65 [Late Fee: 00%
Cost of Funds: 2.25%
Principal Payments: 54
PMT, DATE LOAN BALANCE AT PAYMENT COST OF PRINCIPAL LOAN BALANCE
DUE _STARTOF PERIOD. DUE FUNDS PORTION __ATEND OF PERIOD
1 Wngoa & S901 097.65 area & O6IRTIS S——«ISSMAD S SST. TO329
2 Re 5.687.76328, 222,267.68, 63.9874 158,380.34 5,529,382.89
3 nao 5520.82.89 2201585.90 6220556 158,380.34 5371.02.55
4 Tazo 5371,00255, 6023.78, 161,890.73 5 200,111.83
Swipes S209,111.83, 220,493.24 58,602.51 161,890.73 5047.221.10
EC) soo47.221.10 222.261 88 $6781.24 165,480.64 4881,740.46
7 wos 881,740.46 2o0awn.22 54919.58 165,480.64 4.716.259.82
S704 4.716.289 82 222.209.88, 53,087.92 168,181.96 4S47.10787
9 1ne0s 4S47.10789 22030692 SL1S496 168,181.96 437795591
to si1202s 437798891 2215864 4928200 172390664 4205.010.27
12036 4205,049.27 2213.44 47,306.80, 172:906.64 032,142.63
72026 432,142.63 218,685.01 45361.60, SSK 819.22
1B nox S858819.22 216,735.13, 4341.72 1733231 5,685,498.81
ger 3685.95.81 209,654.36 4146.8 168,192.53 3,517,308.28
Is 0x8 3517.03.28 207,762.19 39,509.66, 168,192.83 339,110.75
162038 3349,11075 on as 3767750 281064 311865300111
17029 3186300 35,845.88, 162,810.64 31023 480.47
Is 71172029 3023.480.47 200,363 99 3401426, 166,349.71 2887,139.77
194117030 2859.139.77 198,92.88 321280 6,349.71 2,690,790.06
207112030 2,6901790.06 20023881 3027139 169,967.42 2,5203822.65
21 i031 2520,822.65, 198,326.67 2838025 169,967.42 2:380.855.23
2 M2031 2380.885.23 19290627 26a 166,450.15 2118439609
2 i032 214,396.09 19103361 DasTaas 166,459.15 201793694
2 72032 2017, 936.98 181,959.68 101.79 139,257.85 11888567910
25112033 1hssx.679.10 180,167.99 2910.14 159.25785 1689.421.25
2 712033 1999.421.25 181452.75 19,118.49 34.26 1537,086.99
271034 1.337.086 99 179,626.49 1729223 16233426 1374.752.73
2s 720m 37478273 126,363 57 15.65.97 11039760 1263.855.14
2912035 U265.855, 421837 11039760 1182987.54
307712038 1182987 54 70.856.08 i907 S785. 1ops.072.24
31112036 1o9s.072.24 70.208 87 1231955 S785 31 1097186 93
712036 037,186.93 71.019 55 11,658.35 $9381.20 97783574
312037 97783574 7038185 1000.65 5938120, o1s.as4 st
Me 7112037 orsasase 71.88.03 1033295 60.885 08 357.2947
35112038 857,629.47 70530341 9161833 60,855.08 1967439
36712038 96.71439 7136190 8963.71 62,398.19 13437621
7 1039 73837621 701589 92 826173 62,398.19 oni 97802
38 712039 orgs 65,198.20 755975 s7.634.45 Creed
3912040 Creed o4S5 oust 5763448 556,709.13,
40 72040 556,709.13, $7257.59 6282.98 5099461 50871452
41 oat 508,714.52 56.683 90 5,689.29 50.9946 45471991
42 MRM 45471991 0,598 32 Su860 5.482 409123719
$3 0 409.237.19 49uisite 4603:92 4ss77 364,689.67
44 T2042 364,659.67 4799.18, 4.10242 $3:396.76 321,262.91
4520 321.20291 4699147 361421 4337126 ar7ass.6s
46 72083 277 885.65, 4761665 3.12621 aes9044 23339521
4 ou 23339521 4.03622 262570 447052 198 924.69
as 72044 16592469 36,312.79 2128.40 34387.39 134837.30
49 204s 134,837.30 Sor105 59 Last 3436708 120117028
so T/04s ‘0.17025 2s.735.67 1381.92 27.383.75 92,786.31
sl 112046 92,786.81 30280.33 Hoas.ss 2920648 63,580.08,
2 712046 25,794.40 71528 25079.12 3850092
83 1ia0u7 38,300 92 433.14 25,079.12 1321.80
sé 72017 1521.80 151.00 13,421.80 :
'$7.196,397.80 31,295,260.18 $5,901,097.65
Locality: Russell County Public Service Authority Interest:  0.00%
Project Number: WSL-RC-01 Admin. Fee:  0.00%
Loan Amount: 6,157,089.73$ Late Fee:  5.00%
Cost of Funds: 0.00%
Principal Payments: 42
PMT. DATE LOAN BALANCE AT      PAYMENT COST OF PRINCIPAL LOAN BALANCE
DUE START OF PERIOD        DUE FUNDS PORTION AT END OF PERIOD
1 10/1/2020 6,157,089.73$ 16,920.20$ -$ 16,920.20$ 6,140,169.53$
2 4/1/2021 6,140,169.53 42,500.00 - 42,500.00 6,097,669.53
3 10/1/2021 6,097,669.53 42,500.00 - 42,500.00 6,055,169.53
4 4/1/2022 6,055,169.53 42,500.00 - 42,500.00 6,012,669.53
5 10/1/2022 6,012,669.53 42,500.00 - 42,500.00 5,970,169.53
6 4/1/2023 5,970,169.53 42,500.00 - 42,500.00 5,927,669.53
7 10/1/2023 5,927,669.53 165,000.00 - 165,000.00 5,762,669.53
8 4/1/2024 5,762,669.53 165,000.00 - 165,000.00 5,597,669.53
9 10/1/2024 5,597,669.53 165,000.00 - 165,000.00 5,432,669.53
10 4/1/2025 5,432,669.53 165,000.00 - 165,000.00 5,267,669.53
11 10/1/2025 5,267,669.53 165,000.00 - 165,000.00 5,102,669.53
12 4/1/2026 5,102,669.53 165,000.00 - 165,000.00 4,937,669.53
13 10/1/2026 4,937,669.53 165,000.00 - 165,000.00 4,772,669.53
14 4/1/2027 4,772,669.53 165,000.00 - 165,000.00 4,607,669.53
15 10/1/2027 4,607,669.53 165,000.00 - 165,000.00 4,442,669.53
16 4/1/2028 4,442,669.53 165,000.00 - 165,000.00 4,277,669.53
17 10/1/2028 4,277,669.53 165,000.00 - 165,000.00 4,112,669.53
18 4/1/2029 4,112,669.53 165,000.00 - 165,000.00 3,947,669.53
19 10/1/2029 3,947,669.53 165,000.00 - 165,000.00 3,782,669.53
20 4/1/2030 3,782,669.53 165,000.00 - 165,000.00 3,617,669.53
21 10/1/2030 3,617,669.53 165,000.00 - 165,000.00 3,452,669.53
22 4/1/2031 3,452,669.53 165,000.00 - 165,000.00 3,287,669.53
23 10/1/2031 3,287,669.53 165,000.00 - 165,000.00 3,122,669.53
24 4/1/2032 3,122,669.53 165,000.00 - 165,000.00 2,957,669.53
25 10/1/2032 2,957,669.53 165,000.00 - 165,000.00 2,792,669.53
26 4/1/2033 2,792,669.53 165,000.00 - 165,000.00 2,627,669.53
27 10/1/2033 2,627,669.53 165,000.00 - 165,000.00 2,462,669.53
28 4/1/2034 2,462,669.53 165,000.00 - 165,000.00 2,297,669.53
29 10/1/2034 2,297,669.53 165,000.00 - 165,000.00 2,132,669.53
30 4/1/2035 2,132,669.53 165,000.00 - 165,000.00 1,967,669.53
31 10/1/2035 1,967,669.53 165,000.00 - 165,000.00 1,802,669.53
32 4/1/2036 1,802,669.53 165,000.00 - 165,000.00 1,637,669.53
33 10/1/2036 1,637,669.53 165,000.00 - 165,000.00 1,472,669.53
34 4/1/2037 1,472,669.53 165,000.00 - 165,000.00 1,307,669.53
35 10/1/2037 1,307,669.53 165,000.00 - 165,000.00 1,142,669.53
36 4/1/2038 1,142,669.53 165,000.00 - 165,000.00 977,669.53
37 10/1/2038 977,669.53 165,000.00 - 165,000.00 812,669.53
38 4/1/2039 812,669.53 165,000.00 - 165,000.00 647,669.53
39 10/1/2039 647,669.53 165,000.00 - 165,000.00 482,669.53
40 4/1/2040 482,669.53 165,000.00 - 165,000.00 317,669.53
41 10/1/2040 317,669.53 165,000.00 - 165,000.00 152,669.53
42 4/1/2041 152,669.53 152,669.53 - 152,669.53 -
6,157,089.73$ $6,157,089.73
VIRGIN:
Rxsou
sTTIO}
in
RCE
yRITY
Locality: Russell County Public Service Authority interest: 0.00%
Project Number: WSL-RC-O1 [Admin. Fee: 0.00%
Loan Amount: S$ 6,157,089.73, [Late Fee: 5.00%
Cost of Funds: 0.00%
Principal Payments: a2
PMT, DATE LOAN BALANCE AT PAYMENT COST OF PRINCIPAL, LOAN BALANCE
DUE START OF PERIOD. DUE. FUNDS. PORTION __ATEND OF PERIOD.
T 10/1/2020 6,157,089.73_S 16,920.20 S -S 16,920.20. S 6,140,169.53
24/1/2021 6,140,169.53 42,500.00 - 42,500.00 6,097,669.53
3 10/1/2021 6,097,669.53 42,500.00 - 42,500.00 6,055,169.53
44/1/2022 6,055,169.53 42,500.00 - 42,500.00 6,012,669.53
5 10/1/2022 6,012,669.53 42,500.00 - 42,500.00 5,970,169.53
6 4/1/2023 5,970,169.53 42,500.00 - 42,500.00 5,927,669.53
7 10/1/2023 5,927,669.53 165,000.00 - 165,000.00 5,762,669.53
8 4/1/2024 5,762,669.53 165,000.00 - 165,000.00 5,597,669.53
9 10/1/2024 5,597,669.53 165,000.00 - 165,000.00 5,432,669.53
10 4/1/2025 5,432,669.53 165,000.00 - 165,000.00 5,267,669.53
1 10/1/2025 5,267,669.53 165,000.00 - 165,000.00 5,102,669.53
24/1/2026 5,102,669.53 165,000.00 - 165,000.00 4,937,669.53
13 10/1/2026 4,937,669.53 165,000.00 - 165,000.00 4,772,669.53
14 4/1/2027 4,772,669.53 165,000.00 - 165,000.00 4,607,669.53
1s 10/1/2027 4,607,669.53 165,000.00 - 165,000.00 4.442,669.53
16 4/1/2028 4,442,669.53 165,000.00 - 165,000.00 4.277,669.53
17 10/1/2028 4,277,669.53 165,000.00 - 165,000.00 4,112,669.53
Is 4/1/2029 4,112,669.53 165,000.00 - 165,000.00 3,947,669.53
19 10/1/2029 3,947,669.53 165,000.00 - 165,000.00 3,782,669.53
20 4/1/2030 3,782,669.53 165,000.00 - 165,000.00 3,617,669.53
21 10/1/2030 3,617,669.53 165,000.00 - 165,000.00 3,452,669.53
22 4/1/2031 3,452,669.53 165,000.00 - 165,000.00 3,287,669.53
23 10/1/2031 3,287,669.53 165,000.00 - 165,000.00 3,122,669.53
24 4/1/2032 3,122,669.53 165,000.00 - 165,000.00 2,957,669.53
25 10/1/2032 2,957,669.53 165,000.00 - 165,000.00 2,192,669.53
26 4/1/2033, 2,792,669.53 165,000.00 - 165,000.00 2,627,669.53
27 10/1/2033, 2,627,669.53 165,000.00 - 165,000.00 2,462,669.53
28 4/1/2034 2,462,669.53 165,000.00 - 165,000.00 2,297,669.53
29 10/1/2034 2,297,669.53 165,000.00 - 165,000.00 2,132,669.53
30 4/1/2035, 2,132,669.53 165,000.00 - 165,000.00 1,967,669.53
31 10/1/2035, 1,.967,669.53 165,000.00 - 165,000.00 1,802,669.53
32 4/1/2036, 1,802,669.53 165,000.00 - 165,000.00 1,637,669.53
33 10/1/2036, 1,637,669.53 165,000.00 - 165,000.00 1,472,669.53
34 4/1/2037 1,472,669.53 165,000.00 - 165,000.00 1,307,669.53
35 10/1/2037 1,307,669.53 165,000.00 - 165,000.00 1,142,669.53
36 4/1/2038, 1,142,669.53 165,000.00 - 165,000.00 977,669.53
37 10/1/2038, 977,669.53 165,000.00 - 165,000.00 812,669.53
38 4/1/2039 812,669.53, 165,000.00 - 165,000.00 647,669.53
39 10/1/2039 647,669.53 165,000.00 - 165,000.00 482,669.53
40 4/1/2040 482,669.53 165,000.00 - 165,000.00 317,669.53
41 10/1/2040 317,669.53 165,000.00 - 165,000.00 152,669.53
2 4/1/2041 152,669.53 152,669.53 : 152,669.53 :
S— 6,157,089.73 $6,157,089.73
Carter R Brothers
‘omailland@\aufcan com); Shawn B Crumlsh
Ge: ita Baker ono lester @nsseleountya.us; Andrea Pearson; il. Robert = RD. Lebanon, VA
Subject: Craft Resolutions for consoldation reject and Glade Hollow/Glado Hil [STB-WORKSITE FIDE13204)
Date: Wednesday. Juy 15, 2020 6:06:56 PM
Atachments: thocsng Resolution (Cat m snotion.0
‘RCESA-Co515284-02 Pmt Schedule POE
uszallCouny PSA- Wastewater Financing Assumotion Aorsement (6:27 01.00%
‘Alloxna Resoulon (enka water mata inancina aareament) DOC
PSA WSL-RO-02 Pn Schedule POF
‘RCESA WSL-BC.01 0% PDE
uszall County PSA Drinking Wate Mast FiancingAoreemant (al existing drinking water loans 6:27 20.000
‘Alodina Resolution (Gace Hol Glade Hil poi) DOC
ussall County PSA Danking Wale Francing Aareomant (3.0201) 1.0
Everyone,
I have attached:

Draft authorizing resolution for the assumption of The Castlewood WSA’s bond

financed by VRA, as Administrator of the Water Facilities Revolving Fund and to
authorize new bond for remaining principal amount under the Financing Assumption
Agreement
Current repayment schedule for this new VRA bond
Current version of the Financing Assumption Agreement
Draft authorizing resolution for the assumption of the remaining Castlewood WSA
bonds (RD and VRA) and County bonds (RD and VRA) and the restatement of the
existing PSA VRA bonds (two new bonds will be issued replacing the VRA (Water
Supply) bonds under the Master Financing Agreement; the RD bonds will just be
assumed~Darlene, let me know what else might be required


Current repayment schedules for the two new VRA bonds under the Master
Financing Agreement.


Current version of the Master Financing Agreement


Draft authorizing resolution for the Glade Hollow/Glade Hill project


Current version of the Glade Hollow financing agreement


BEN
Megan and | have worked up the authorizing resolutions so that the consolidation pieces in
theory happen immediately before the new Glade Hollow\Glade Hill financing closes. When
the dust settles, the outstanding obligations of the PSA will be the 3 County RD bonds now
assumed by the PSA, the 3 Castlewood RD bonds now assumed by the PSA, the three
“new” consolidation bonds, and the Glade Hollow/Glade Hill bond.
hope to circulate draft opinions tomorrow.
Timing is getting tight if the PSA wants to adopt the resolutions at its Tuesday, July 21%
meeting so please get me comments as quickly as you can.
Thanks,
Carter
Carter R. Brothers
Spilman Thomas & Battle, PLLC
Member
O 540.512.1805
M 540.556.9857
[email protected]
From: Carter R. Brothers [email protected]
Sent: Tuesday, June 30, 2020 3:21 PM
To: Katie Patton [email protected]; [email protected]
Cc: Rhonda Lester [email protected]; Rita Baker [email protected]
Subject: Meeting materials for BOS July 6th meeting: authorizing resolutions and financing
agreements [STB-WORKSITE.FID913284]
Katie,
Here are the resolutions that need to be approved by the County in order to authorize the
new support agreements for the consolidated bonds and the new Glade Hill bond.  I’ve also
attached the current version of the three financing agreements related to the project, each
of which has the support agreement as an exhibit.
Summary:


 For the consolidation project, VRA intends to replace all of the existing VRA debt



owed by Castlewood WSA, the County, and the PSA with three new bonds.
a.      Two of the bonds will be consolidations of the outstanding debt owed to VRA
on the drinking water side, set up as one bond with 0% interest and one
bond with cost of funds at 2.25%.  These bonds will be issued pursuant to
the attached "Master Financing Agreement,  which requires the County to
sign the support agreement found as Exhibit K.
b.      The third consolidation bond will replace the Castlewood WSA’s existing
wastewater bond.  This new bond will be issued pursuant to the Wastewater
Financing Assumption Agreement, which requires the County’s signature to
the support agreement found at Exhibit I.
c.      The resolution authorizing the County to sign the support agreements for the
consolidation project is attached as “BOS Resolution authorizing Support
Agreements for consolidation project.”


 The Glade Hill/Glade Hollow bond will be issued pursuant to the Drinking Water



Financing Agreement (WSL-020-18), which requires the County’s signature to the
support agreement found at Exhibit H.
a.      The resolution authorizing the County to sign the support agreement for the
Glade Hill/Glade Hollow bond is attached as “BOS Resolution authorizing
Support Agreement for new money.”
Please let me know if these resolutions can be added to the BOS agenda for July
6th.  I apologize for the late notice.  If these resolution are considered, the clerk will need to
complete the vote/attendance certificate on the last page of each resolution.  The Financing
Agreements (and the Support Agreements attached as exhibits) do not get signed on the
6th but should be provided to the BOS at the meeting to review; once closing is scheduled, I
will circulate closing instructions to all involved.
Thanks,
Carter
mailto:[email protected]
0 540.512.1805
M 540.556.9857
[email protected]
From: Carter R. Brothers [email protected]
uesday, June 30, 2020 3:21 PM
‘tie Patton [email protected]; lonzo.lester @russellcountyva.us
honda Lester [email protected]; Rita Baker [email protected]
Subject: Meeting materials for 80S July 6th meeting: authorizing resolutions and financing
agreements [ST8-WORKSITE.FID913284]
Katie,
Here are the resolutions that need to be approved by the County in order to authorize the
new support agreements for the consolidated bonds and the new Glade Hill bond. I’ve also
attached the current version of the three financing agreements related to the project, each
of which has the support agreement as an exhibit.
Summary:

For the consolidation project, VRA intends to replace alll of the existing VRA debt
owed by Castlewood WSA, the County, and the PSA with three new bonds.

a. Two of the bonds will be consolidations of the outstanding debt owed to VRA
on the drinking water side, set up as one bond with 0% interest and one
bond with cost of funds at 2.25%. These bonds will be issued pursuant to
the attached "Master Financing Agreement, which requires the County to
sign the support agreement found as Exhibit K.
b. The third consolidation bond will replace the Castlewood WSA’s existing
wastewater bond. This new bond will be issued pursuant to the Wastewater
Financing Assumption Agreement, which requires the County’s signature to
the support agreement found at Exhibit |
c. The resolution authorizing the County to sign the support agreements for the
consolidation project is attached as “BOS Resolution authorizing Support
Agreements for consolidation project.”

The Glade Hill/Glade Hollow bond will be issued pursuant to the Drinking Water
Financing Agreement (WSL-020-18), which requires the County’s signature to the
support agreement found at Exhibit H

a. The resolution authorizing the County to sign the support agreement for the
Glade Hill/Glade Hollow bond is attached as “BOS Resolution authorizing
Support Agreement for new money.”
Please me know if these resolutions can be added to the BOS agenda for July
eth | apologize for the late notice. If these resolution are considered, the clerk will need to
complete the vote/attendance certificate on the last page of each resolution. The Financing
Agreements (and the Support Agreements attached as exhibits) do not get signed on the
6’” but should be provided to the BOS at the meeting to review; once closing is scheduled, |
will circulate closing instructions to all involved.
Thanks,
Carter
Carter R. Brothers
Spilman Thomas & Battle, PLLC
Member
O 540.512.1805
M 540.556.9857
[email protected]
From: Gilliland, Megan M. [email protected]
Sent: Tuesday, June 30, 2020 2:21 PM
To: Carter R. Brothers [email protected]
Subject: Russell PSA financing agreements
Here are latest circulated versions.
Megan Martz Gilliland
Kaufman & Canoles, P.C.
Two James Center
1021 East Cary Street, Suite 1400
Richmond, VA 23219-4058
T (804) 771.5742
F (888) 360.9092
[email protected]
www.kaufCAN.com
The information contained in this electronic message is legally privileged and
confidential under applicable law, and is intended only for the use of the individual or
entity named above. If you are not the intended recipient of this message, you are
hereby notified that any use, distribution, copying or disclosure of this communication
is strictly prohibited. If you have received this communication in error, please notify
Kaufman & Canoles at (757) 624-3000 or by return e-mail to [email protected],
and purge the communication immediately without making any copy or distribution.
mailto:[email protected]
mailto:[email protected]
mailto:[email protected]
mailto:[email protected]
http://www.kaufcan.com/
mailto:[email protected]
Carter R. Brothers
Spilman Thomas & Battle, PLLC
Member
0 540.512.1805
M 540.556.9857
[email protected]
From: Gilliland, Megan M. [email protected]
Sent: Tuesday, June 30, 2020 2:21 PM
To: Carter R. Brothers [email protected]
Subject: Russell PSA financing agreements
Here are latest circulated versions.
Megan Martz Gilliland
Kaufman & Canoles, P.C.
Two James Center
1021 East Cary Street, Suite 1400
Richmond, VA 23219-4058
T (804) 771.5742
F (888) 360.9092
www.kaufCAN.com
The information contained in this electronic message is legally privileged and
confidential under applicable law, and is intended only for the use of the individual or
entity named above. If you are not the intended recipient of this message, you are
hereby notified that any use, distribution, copying or disclosure of this communication
is strictly prohibited. If you have received this communication in error, please notify
Kaufman & Canoles at (757) 624-3000 or by return e-mail to [email protected],
and purge the communication immediately without making any copy or distribution.
Borrower: Russell County Public Service Authority Interest:  0.75%
Loan Number: WSL-RC-02 Admin. Fee:  1.50%
Loan Amount: 5,901,097.65$ Late Fee:  5.00%
Cost of Funds: 2.25%
Principal Payments: 54
PMT. DATE LOAN BALANCE AT      PAYMENT COST OF PRINCIPAL LOAN BALANCE
DUE START OF PERIOD        DUE FUNDS PORTION AT END OF PERIOD
1 1/1/2021 5,901,097.65$ 279,721.77$ 66,387.35$ 213,334.42$ 5,687,763.23$
2 7/1/2021 5,687,763.23 222,367.68 63,987.34 158,380.34 5,529,382.89
3 1/1/2022 5,529,382.89 220,585.90 62,205.56 158,380.34 5,371,002.55
4 7/1/2022 5,371,002.55 222,314.51 60,423.78 161,890.73 5,209,111.83
5 1/1/2023 5,209,111.83 220,493.24 58,602.51 161,890.73 5,047,221.10
6 7/1/2023 5,047,221.10 222,261.88 56,781.24 165,480.64 4,881,740.46
7 1/1/2024 4,881,740.46 220,400.22 54,919.58 165,480.64 4,716,259.82
8 7/1/2024 4,716,259.82 222,209.88 53,057.92 169,151.96 4,547,107.87
9 1/1/2025 4,547,107.87 220,306.92 51,154.96 169,151.96 4,377,955.91
10 7/1/2025 4,377,955.91 222,158.64 49,252.00 172,906.64 4,205,049.27
11 1/1/2026 4,205,049.27 220,213.44 47,306.80 172,906.64 4,032,142.63
12 7/1/2026 4,032,142.63 218,685.01 45,361.60 173,323.41 3,858,819.22
13 1/1/2027 3,858,819.22 216,735.13 43,411.72 173,323.41 3,685,495.81
14 7/1/2027 3,685,495.81 209,654.36 41,461.83 168,192.53 3,517,303.28
15 1/1/2028 3,517,303.28 207,762.19 39,569.66 168,192.53 3,349,110.75
16 7/1/2028 3,349,110.75 200,488.14 37,677.50 162,810.64 3,186,300.11
17 1/1/2029 3,186,300.11 198,656.52 35,845.88 162,810.64 3,023,489.47
18 7/1/2029 3,023,489.47 200,363.97 34,014.26 166,349.71 2,857,139.77
19 1/1/2030 2,857,139.77 198,492.53 32,142.82 166,349.71 2,690,790.06
20 7/1/2030 2,690,790.06 200,238.81 30,271.39 169,967.42 2,520,822.65
21 1/1/2031 2,520,822.65 198,326.67 28,359.25 169,967.42 2,350,855.23
22 7/1/2031 2,350,855.23 192,906.27 26,447.12 166,459.15 2,184,396.09
23 1/1/2032 2,184,396.09 191,033.61 24,574.46 166,459.15 2,017,936.94
24 7/1/2032 2,017,936.94 181,959.64 22,701.79 159,257.85 1,858,679.10
25 1/1/2033 1,858,679.10 180,167.99 20,910.14 159,257.85 1,699,421.25
26 7/1/2033 1,699,421.25 181,452.75 19,118.49 162,334.26 1,537,086.99
27 1/1/2034 1,537,086.99 179,626.49 17,292.23 162,334.26 1,374,752.73
28 7/1/2034 1,374,752.73 126,363.57 15,465.97 110,897.60 1,263,855.14
29 1/1/2035 1,263,855.14 125,115.97 14,218.37 110,897.60 1,152,957.54
30 7/1/2035 1,152,957.54 70,856.08 12,970.77 57,885.31 1,095,072.24
31 1/1/2036 1,095,072.24 70,204.87 12,319.56 57,885.31 1,037,186.93
32 7/1/2036 1,037,186.93 71,019.55 11,668.35 59,351.20 977,835.74
33 1/1/2037 977,835.74 70,351.85 11,000.65 59,351.20 918,484.54
34 7/1/2037 918,484.54 71,188.03 10,332.95 60,855.08 857,629.47
35 1/1/2038 857,629.47 70,503.41 9,648.33 60,855.08 796,774.39
36 7/1/2038 796,774.39 71,361.90 8,963.71 62,398.19 734,376.21
37 1/1/2039 734,376.21 70,659.92 8,261.73 62,398.19 671,978.02
38 7/1/2039 671,978.02 65,194.20 7,559.75 57,634.45 614,343.58
39 1/1/2040 614,343.58 64,545.82 6,911.37 57,634.45 556,709.13
40 7/1/2040 556,709.13 57,257.59 6,262.98 50,994.61 505,714.52
41 1/1/2041 505,714.52 56,683.90 5,689.29 50,994.61 454,719.91
42 7/1/2041 454,719.91 50,598.32 5,115.60 45,482.72 409,237.19
43 1/1/2042 409,237.19 49,181.44 4,603.92 44,577.52 364,659.67
44 7/1/2042 364,659.67 47,499.18 4,102.42 43,396.76 321,262.91
45 1/1/2043 321,262.91 46,991.47 3,614.21 43,377.26 277,885.65
46 7/1/2043 277,885.65 47,616.65 3,126.21 44,490.44 233,395.21
47 1/1/2044 233,395.21 47,096.22 2,625.70 44,470.52 188,924.69
48 7/1/2044 188,924.69 36,512.79 2,125.40 34,387.39 154,537.30
49 1/1/2045 154,537.30 36,105.59 1,738.54 34,367.05 120,170.25
50 7/1/2045 120,170.25 28,735.67 1,351.92 27,383.75 92,786.51
51 1/1/2046 92,786.51 30,250.33 1,043.85 29,206.48 63,580.03
52 7/1/2046 63,580.03 25,794.40 715.28 25,079.12 38,500.92
53 1/1/2047 38,500.92 25,512.26 433.14 25,079.12 13,421.80
54 7/1/2047 13,421.80 13,572.80 151.00 13,421.80 -
$7,196,357.80 $1,295,260.15 $5,901,097.65
Vineansra
V Resources:
AUTHORITY
Borrower: Russell County Public Service Authority [eres 0.75%
Loan Number WSL-RC-02 [amin Fees 1.50%
Loan Amount: S— 5,901,097.65 [Late Fee: 00%
Cost of Funds: 2.25%
Principal Payments: 54
PMT, DATE LOAN BALANCE AT PAYMENT COST OF PRINCIPAL LOAN BALANCE
DUE _STARTOF PERIOD. DUE FUNDS PORTION __ATEND OF PERIOD
1 Wngoa & S901 097.65 area & O6IRTIS S——«ISSMAD S SST. TO329
2 Re 5.687.76328, 222,267.68, 63.9874 158,380.34 5,529,382.89
3 nao 5520.82.89 2201585.90 6220556 158,380.34 5371.02.55
4 Tazo 5371,00255, 6023.78, 161,890.73 5 200,111.83
Swipes S209,111.83, 220,493.24 58,602.51 161,890.73 5047.221.10
EC) soo47.221.10 222.261 88 $6781.24 165,480.64 4881,740.46
7 wos 881,740.46 2o0awn.22 54919.58 165,480.64 4.716.259.82
S704 4.716.289 82 222.209.88, 53,087.92 168,181.96 4S47.10787
9 1ne0s 4S47.10789 22030692 SL1S496 168,181.96 437795591
to si1202s 437798891 2215864 4928200 172390664 4205.010.27
12036 4205,049.27 2213.44 47,306.80, 172:906.64 032,142.63
72026 432,142.63 218,685.01 45361.60, SSK 819.22
1B nox S858819.22 216,735.13, 4341.72 1733231 5,685,498.81
ger 3685.95.81 209,654.36 4146.8 168,192.53 3,517,308.28
Is 0x8 3517.03.28 207,762.19 39,509.66, 168,192.83 339,110.75
162038 3349,11075 on as 3767750 281064 311865300111
17029 3186300 35,845.88, 162,810.64 31023 480.47
Is 71172029 3023.480.47 200,363 99 3401426, 166,349.71 2887,139.77
194117030 2859.139.77 198,92.88 321280 6,349.71 2,690,790.06
207112030 2,6901790.06 20023881 3027139 169,967.42 2,5203822.65
21 i031 2520,822.65, 198,326.67 2838025 169,967.42 2:380.855.23
2 M2031 2380.885.23 19290627 26a 166,450.15 2118439609
2 i032 214,396.09 19103361 DasTaas 166,459.15 201793694
2 72032 2017, 936.98 181,959.68 101.79 139,257.85 11888567910
25112033 1hssx.679.10 180,167.99 2910.14 159.25785 1689.421.25
2 712033 1999.421.25 181452.75 19,118.49 34.26 1537,086.99
271034 1.337.086 99 179,626.49 1729223 16233426 1374.752.73
2s 720m 37478273 126,363 57 15.65.97 11039760 1263.855.14
2912035 U265.855, 421837 11039760 1182987.54
307712038 1182987 54 70.856.08 i907 S785. 1ops.072.24
31112036 1o9s.072.24 70.208 87 1231955 S785 31 1097186 93
712036 037,186.93 71.019 55 11,658.35 $9381.20 97783574
312037 97783574 7038185 1000.65 5938120, o1s.as4 st
Me 7112037 orsasase 71.88.03 1033295 60.885 08 357.2947
35112038 857,629.47 70530341 9161833 60,855.08 1967439
36712038 96.71439 7136190 8963.71 62,398.19 13437621
7 1039 73837621 701589 92 826173 62,398.19 oni 97802
38 712039 orgs 65,198.20 755975 s7.634.45 Creed
3912040 Creed o4S5 oust 5763448 556,709.13,
40 72040 556,709.13, $7257.59 6282.98 5099461 50871452
41 oat 508,714.52 56.683 90 5,689.29 50.9946 45471991
42 MRM 45471991 0,598 32 Su860 5.482 409123719
$3 0 409.237.19 49uisite 4603:92 4ss77 364,689.67
44 T2042 364,659.67 4799.18, 4.10242 $3:396.76 321,262.91
4520 321.20291 4699147 361421 4337126 ar7ass.6s
46 72083 277 885.65, 4761665 3.12621 aes9044 23339521
4 ou 23339521 4.03622 262570 447052 198 924.69
as 72044 16592469 36,312.79 2128.40 34387.39 134837.30
49 204s 134,837.30 Sor105 59 Last 3436708 120117028
so T/04s ‘0.17025 2s.735.67 1381.92 27.383.75 92,786.31
sl 112046 92,786.81 30280.33 Hoas.ss 2920648 63,580.08,
2 712046 25,794.40 71528 25079.12 3850092
83 1ia0u7 38,300 92 433.14 25,079.12 1321.80
sé 72017 1521.80 151.00 13,421.80 :
'$7.196,397.80 31,295,260.18 $5,901,097.65
Locality: Russell County Public Service Authority Interest:  0.00%
Project Number: WSL-RC-01 Admin. Fee:  0.00%
Loan Amount: 6,157,089.73$ Late Fee:  5.00%
Cost of Funds: 0.00%
Principal Payments: 42
PMT. DATE LOAN BALANCE AT      PAYMENT COST OF PRINCIPAL LOAN BALANCE
DUE START OF PERIOD        DUE FUNDS PORTION AT END OF PERIOD
1 10/1/2020 6,157,089.73$ 16,920.20$ -$ 16,920.20$ 6,140,169.53$
2 4/1/2021 6,140,169.53 42,500.00 - 42,500.00 6,097,669.53
3 10/1/2021 6,097,669.53 42,500.00 - 42,500.00 6,055,169.53
4 4/1/2022 6,055,169.53 42,500.00 - 42,500.00 6,012,669.53
5 10/1/2022 6,012,669.53 42,500.00 - 42,500.00 5,970,169.53
6 4/1/2023 5,970,169.53 42,500.00 - 42,500.00 5,927,669.53
7 10/1/2023 5,927,669.53 165,000.00 - 165,000.00 5,762,669.53
8 4/1/2024 5,762,669.53 165,000.00 - 165,000.00 5,597,669.53
9 10/1/2024 5,597,669.53 165,000.00 - 165,000.00 5,432,669.53
10 4/1/2025 5,432,669.53 165,000.00 - 165,000.00 5,267,669.53
11 10/1/2025 5,267,669.53 165,000.00 - 165,000.00 5,102,669.53
12 4/1/2026 5,102,669.53 165,000.00 - 165,000.00 4,937,669.53
13 10/1/2026 4,937,669.53 165,000.00 - 165,000.00 4,772,669.53
14 4/1/2027 4,772,669.53 165,000.00 - 165,000.00 4,607,669.53
15 10/1/2027 4,607,669.53 165,000.00 - 165,000.00 4,442,669.53
16 4/1/2028 4,442,669.53 165,000.00 - 165,000.00 4,277,669.53
17 10/1/2028 4,277,669.53 165,000.00 - 165,000.00 4,112,669.53
18 4/1/2029 4,112,669.53 165,000.00 - 165,000.00 3,947,669.53
19 10/1/2029 3,947,669.53 165,000.00 - 165,000.00 3,782,669.53
20 4/1/2030 3,782,669.53 165,000.00 - 165,000.00 3,617,669.53
21 10/1/2030 3,617,669.53 165,000.00 - 165,000.00 3,452,669.53
22 4/1/2031 3,452,669.53 165,000.00 - 165,000.00 3,287,669.53
23 10/1/2031 3,287,669.53 165,000.00 - 165,000.00 3,122,669.53
24 4/1/2032 3,122,669.53 165,000.00 - 165,000.00 2,957,669.53
25 10/1/2032 2,957,669.53 165,000.00 - 165,000.00 2,792,669.53
26 4/1/2033 2,792,669.53 165,000.00 - 165,000.00 2,627,669.53
27 10/1/2033 2,627,669.53 165,000.00 - 165,000.00 2,462,669.53
28 4/1/2034 2,462,669.53 165,000.00 - 165,000.00 2,297,669.53
29 10/1/2034 2,297,669.53 165,000.00 - 165,000.00 2,132,669.53
30 4/1/2035 2,132,669.53 165,000.00 - 165,000.00 1,967,669.53
31 10/1/2035 1,967,669.53 165,000.00 - 165,000.00 1,802,669.53
32 4/1/2036 1,802,669.53 165,000.00 - 165,000.00 1,637,669.53
33 10/1/2036 1,637,669.53 165,000.00 - 165,000.00 1,472,669.53
34 4/1/2037 1,472,669.53 165,000.00 - 165,000.00 1,307,669.53
35 10/1/2037 1,307,669.53 165,000.00 - 165,000.00 1,142,669.53
36 4/1/2038 1,142,669.53 165,000.00 - 165,000.00 977,669.53
37 10/1/2038 977,669.53 165,000.00 - 165,000.00 812,669.53
38 4/1/2039 812,669.53 165,000.00 - 165,000.00 647,669.53
39 10/1/2039 647,669.53 165,000.00 - 165,000.00 482,669.53
40 4/1/2040 482,669.53 165,000.00 - 165,000.00 317,669.53
41 10/1/2040 317,669.53 165,000.00 - 165,000.00 152,669.53
42 4/1/2041 152,669.53 152,669.53 - 152,669.53 -
6,157,089.73$ $6,157,089.73
VIRGIN:
Rxsou
sTTIO}
in
RCE
yRITY
Locality: Russell County Public Service Authority interest: 0.00%
Project Number: WSL-RC-O1 [Admin. Fee: 0.00%
Loan Amount: S$ 6,157,089.73, [Late Fee: 5.00%
Cost of Funds: 0.00%
Principal Payments: a2
PMT, DATE LOAN BALANCE AT PAYMENT COST OF PRINCIPAL, LOAN BALANCE
DUE START OF PERIOD. DUE. FUNDS. PORTION __ATEND OF PERIOD.
T 10/1/2020 6,157,089.73_S 16,920.20 S -S 16,920.20. S 6,140,169.53
24/1/2021 6,140,169.53 42,500.00 - 42,500.00 6,097,669.53
3 10/1/2021 6,097,669.53 42,500.00 - 42,500.00 6,055,169.53
44/1/2022 6,055,169.53 42,500.00 - 42,500.00 6,012,669.53
5 10/1/2022 6,012,669.53 42,500.00 - 42,500.00 5,970,169.53
6 4/1/2023 5,970,169.53 42,500.00 - 42,500.00 5,927,669.53
7 10/1/2023 5,927,669.53 165,000.00 - 165,000.00 5,762,669.53
8 4/1/2024 5,762,669.53 165,000.00 - 165,000.00 5,597,669.53
9 10/1/2024 5,597,669.53 165,000.00 - 165,000.00 5,432,669.53
10 4/1/2025 5,432,669.53 165,000.00 - 165,000.00 5,267,669.53
1 10/1/2025 5,267,669.53 165,000.00 - 165,000.00 5,102,669.53
24/1/2026 5,102,669.53 165,000.00 - 165,000.00 4,937,669.53
13 10/1/2026 4,937,669.53 165,000.00 - 165,000.00 4,772,669.53
14 4/1/2027 4,772,669.53 165,000.00 - 165,000.00 4,607,669.53
1s 10/1/2027 4,607,669.53 165,000.00 - 165,000.00 4.442,669.53
16 4/1/2028 4,442,669.53 165,000.00 - 165,000.00 4.277,669.53
17 10/1/2028 4,277,669.53 165,000.00 - 165,000.00 4,112,669.53
Is 4/1/2029 4,112,669.53 165,000.00 - 165,000.00 3,947,669.53
19 10/1/2029 3,947,669.53 165,000.00 - 165,000.00 3,782,669.53
20 4/1/2030 3,782,669.53 165,000.00 - 165,000.00 3,617,669.53
21 10/1/2030 3,617,669.53 165,000.00 - 165,000.00 3,452,669.53
22 4/1/2031 3,452,669.53 165,000.00 - 165,000.00 3,287,669.53
23 10/1/2031 3,287,669.53 165,000.00 - 165,000.00 3,122,669.53
24 4/1/2032 3,122,669.53 165,000.00 - 165,000.00 2,957,669.53
25 10/1/2032 2,957,669.53 165,000.00 - 165,000.00 2,192,669.53
26 4/1/2033, 2,792,669.53 165,000.00 - 165,000.00 2,627,669.53
27 10/1/2033, 2,627,669.53 165,000.00 - 165,000.00 2,462,669.53
28 4/1/2034 2,462,669.53 165,000.00 - 165,000.00 2,297,669.53
29 10/1/2034 2,297,669.53 165,000.00 - 165,000.00 2,132,669.53
30 4/1/2035, 2,132,669.53 165,000.00 - 165,000.00 1,967,669.53
31 10/1/2035, 1,.967,669.53 165,000.00 - 165,000.00 1,802,669.53
32 4/1/2036, 1,802,669.53 165,000.00 - 165,000.00 1,637,669.53
33 10/1/2036, 1,637,669.53 165,000.00 - 165,000.00 1,472,669.53
34 4/1/2037 1,472,669.53 165,000.00 - 165,000.00 1,307,669.53
35 10/1/2037 1,307,669.53 165,000.00 - 165,000.00 1,142,669.53
36 4/1/2038, 1,142,669.53 165,000.00 - 165,000.00 977,669.53
37 10/1/2038, 977,669.53 165,000.00 - 165,000.00 812,669.53
38 4/1/2039 812,669.53, 165,000.00 - 165,000.00 647,669.53
39 10/1/2039 647,669.53 165,000.00 - 165,000.00 482,669.53
40 4/1/2040 482,669.53 165,000.00 - 165,000.00 317,669.53
41 10/1/2040 317,669.53 165,000.00 - 165,000.00 152,669.53
2 4/1/2041 152,669.53 152,669.53 : 152,669.53 :
S— 6,157,089.73 $6,157,089.73
Borrower: Russell County Public Service Authority Interest: 0.00%
Loan Number: C-515284-02 Late Fee:  5.00%
Loan Amount: 23,173.29$
Interest 3.00%
Principal Payments: 5
PMT. DATE LOAN BALANCE AT      PAYMENT COST OF FUNDS PRINCIPAL LOAN BALANCE
DUE START OF PERIOD        DUE PORTION PORTION AT END OF PERIOD
1 11/1/2020 23,173.29$ 4,845.29$ 347.60$ 4,497.69$ 18,675.60$
2 5/1/2021 18,675.60 4,845.29$ 280.13$ 4,565.16$ 14,110.44
3 11/1/2021 14,110.44 4,845.29 211.66 4,633.63 9,476.81
4 5/1/2022 9,476.81 4,845.29 142.15 4,703.14 4,773.67
5 11/1/2022 4,773.67 4,845.28 71.61 4,773.67 -
24,226.44$ 1,053.15$ 23,173.29$
ViRGINLA
Resources,
AUTHORITY
Borrower: Russell County Pul interest: 0.00%
Loan Number: (C-515284-02 Late Fee: 5.00%
Loan Amount: s 23,173.29
Interest 3.00%
Principal Payments: 5
PMT. DATE LOAN BALANCE AT PAYMENT COSTOF FUNDS PRINCIPAT, TOAN BALANCE
DUE __STARTOF PERIOD DUE PORTION PORTION __AT END OF PERIOD
1 11/1/2030- 2,173.29 S ASD S 347.00_S 4497.09 18,675.60
2 5/1/2021 18,675.60 § 4845.29. § 280.13 $ 4,565.16 14,110.44
3 1/1/2021 14,110.44 4,845.29 211.66 4,633.63 9,476.81
4 5/1/2022 9.47681 4845.29 142.15, 4,703.14 4,773.67
S 1/4/2022 4773.67 4845.28 7161 4.73.67 :
8 24,226.44 S 1,053.15 S 23,173.29
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF WATER
AND SEWER REVENUE BONDS OF THE RUSSELL COUNTY PUBLIC
SERVICE AUTHORITY IN AN AMOUNT NOT TO EXCEED $12,058,187.38
AND PROVIDING FOR THE FORM, DETAILS, AND PAYMENT OF THE
BOND, AND AUTHORIZING RELATED ACTIONS
The Russell County Public Service Authority (the “Authority”) is a public body politic and
corporate and a political subdivision of the Commonwealth of Virginia duly created pursuant to the
Virginia Water and Waste Authorities Act by the Board of Supervisors of Russell County, Virginia
(the “Board of Supervisors”).
The Authority is authorized to acquire, construct, operate and maintain a water and sewer
system in certain areas of Russell County (the “County”) and to borrow money and to issue its
revenue bonds to pay all or part of the cost of such system.
The Authority has determined it necessary and expedient to authorize the assumption of
certain bonds of the Castlewood Water and Sewage Authority previously issued and sold to the
United States of America, acting through Rural Utilities Service, United States Department of
Agriculture (the “Government”) and to the Virginia Services Authority (the “VRA”), as
Administrator of the Virginia Water Supply Revolving Fund (the “Fund”), in consideration of the
Castlewood Water and Sewage Authority’s transfer and conveyance to the Authority of the facilities
financed by such bonds.
The Authority has determined it necessary and expedient to authorize the assumption of
certain bonds of the County previously issued and sold to the Government and to the VRA, as
Administrator of the Fund, in consideration of the County’s transfer and conveyance to the Authority
of the facilities financed by such bonds.
The Authority, as part of the assumption of these bonds of the Castlewood Water and Sewage
Authority and the County, has requested that the loans to the Authority from the VRA, as
Administrator of the Fund, be amended and restated.
The VRA, as Administrator of the Fund, has agreed to the assumption by the Authority of the
County’s bonds sold to VRA and the Castlewood Water and Sewage Authority’s bonds sold to VRA
and to the amendments and restatements of its loans to the Authority upon the issuance of new
revenue bonds of the Authority and to purchase these revenue bonds upon certain terms and
conditions, and the Authority, after mature consideration of the condition of the municipal bond
market and other methods of selling its bonds, has determined to satisfy such terms and conditions
and award the bonds to the VRA.
The Government has agreed to the assumption by the Authority of the County’s bonds sold
to the Government and the Castlewood Water and Sewage Authority’s bonds sold to the
Government upon certain terms and conditions set forth in the Government’s letter dated July ___,
2020.
BE IT RESOLVED BY THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY:
Lonzo Lester
Highlight
The Russell County Public Service Authority (the “Authority”) is a public body politic and
corporate and a political subdivision of the Commonwealth of Virginia duly created pursuant to the
Virginia Water and Waste Authorities Act by the Board of Supervisors of Russell County, Virginia
(the “Board of Supervisors”).
The Authority is authorized to acquire, construct, operate and maintain a water and sewer
system in certain areas of Russell County (the “County”) and to borrow money and to issue its
revenue bonds to pay all or part of the cost of such system
The Authority has determined it necessary and expedient to authorize the assumption of
certain bonds of the Castlewood Water and Sewage Authority previously issued and sold to the
United States of America, acting through Rural Utilities Service, United States Department of
Agriculture (the “Government”) and to the Virginia Services Authority (the “VRA”), as
Administrator of the Virginia Water Supply Revolving Fund (the “Fund”), in consideration of the
Castlewood Water and Sewage Authority’s transfer and conveyance to the Authority of the facilities
financed by such bonds.
The Authority has determined it necessary and expedient to authorize the assumption of
certain bonds of the County previously issued and sold to the Government and to the VRA, as
Administrator of the Fund, in consideration of the County’ transfer and conveyance to the Authority
of the facilities financed by such bonds.
The Authority, as part of the assumption of these bonds of the Castlewood Water and Sewage
‘Authority and the County, has requested that the loans to the Authority from the VRA, as
Administrator of the Fund, be amended and restated.
‘The VRA, as Administrator of the Fund, has agreed to the assumption by the Authority of the
County’s bonds sold to VRA and the Castlewood Water and Sewage Authority’s bonds sold to VRA
and to the amendments and restatements of its loans to the Authority upon the issuance of new
revenue bonds of the Authority and to purchase these revenue bonds upon certain terms and
conditions, and the Authority, after mature consideration of the condition of the municipal bond
market and other methods of selling its bonds, has determined to satisfy such terms and conditions
and award the bonds to the VRA.
‘The Government has agreed to the assumption by the Authority of the County’s bonds sold
to the Government and the Castlewood Water and Sewage Authority’s bonds sold to the
Government upon certain terms and conditions set forth in the Government’s letter dated July __,
2020.
BE IT RESOLVED BY THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY:
ARTICLE I
Definitions
Section 1.1. Definitions.  Whenever used in this resolution, unless a different meaning
clearly appears from the context:
“Act” means the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2,
Code of Virginia of 1950, as amended).
“Authority” means The Russell County Public Service Authority, a public body
politic and corporate of the Commonwealth of Virginia duly created pursuant to the Act by the
Board of Supervisors of Russell County, Virginia, and by a certificate of incorporation issued by the
State Corporation Commission of Virginia on April 4, 1986, as amended.
“Authority VRA Bonds” means, collectively, the bonds and any allonges thereto
issued by the Authority to the VRA, as Administrator of the Fund, that are described in Exhibit F of
the Master Financing Agreement.
“Authority Financing Agreements” means, collectively, the financing agreements
between the Authority and the VRA as further described on Exhibit G of the Master Financing
Agreement.
“Board of Supervisors” means the Board of Supervisors of the County.
“Bonds” means the Authority’s water and sewer revenue bonds issued pursuant to this
resolution.
“Castlewood WSA” means The Castlewood Water and Sewage Authority.
“Castlewood WSA RD Bonds” means the following bonds issued by the Castlewood
WSA:

$350,000 Water Revenue Bond, Series of 2000 (RD Castlewood Water

Project),

2. $937,300 Water Revenue Bond, Series of 2005 (Dante Rehabilitation Water
Project), and
3. $2,200,000 Sewer Revenue Bond, Series of 2013 (Sewer Phase 1A).
“Castlewood WSA Bonds” means the Castlewood WSA RD Bonds and the
Castlewood WSA VRA Bonds.
“Castlewood WSA VRA Bonds” means, collectively, the bonds and any allonges
thereto issued by the Castlewood WSA to the VRA, as Administrator of the Fund, that are described
in Exhibit F of the Master Financing Agreement.
ARTICLE I
Definitions
Section 1.1. Definitions. Whenever used in this resolution, unless a different meaning
clearly appears from the contex
“Act” means the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2,
Code of Virginia of 1950, as amended).
“Authority” means The Russell County Public Service Authority, a public body
politic and corporate of the Commonwealth of Virginia duly created pursuant to the Act by the
Board of Supervisors of Russell County, Virginia, and by a certificate of incorporation issued by the
State Corporation Commission of Virginia on April 4, 1986, as amended.
“Authority VRA Bonds” means, collectively, the bonds and any allonges thereto
issued by the Authority to the VRA, as Administrator of the Fund, that are described in Exhibit F of
the Master Financing Agreement.
“Authority Financing Agreements” means, collectively, the financing agreements
between the Authority and the VRA as further described on Exhibit G of the Master Financing
Agreement,
“Board of Supervisors” means the Board of Supervisors of the County.
“Bonds” means the Authority’s water and sewer revenue bonds issued pursuant to this
resolution.
“Castlewood WSA” means The Castlewood Water and Sewage Authority.
“Castlewood WSA RD Bonds” means the following bonds issued by the Castlewood
WSA:
1 $350,000 Water Revenue Bond, Series of 2000 (RD Castlewood Water
Project),


$937,300 Water Revenue Bond, Series of 2005 (Dante Rehabilitation Water
Project), and


$2,200,000 Sewer Revenue Bond, Series of 2013 (Sewer Phase 1A).


“Castlewood WSA Bonds” means the Castlewood WSA RD Bonds and the
Castlewood WSA VRA Bonds.
“Castlewood WSA VRA Bonds” means, collectively, the bonds and any allonges
thereto issued by the Castlewood WSA to the VRA, as Administrator of the Fund, that are described
in Exhibit F of the Master Financing Agreement.
“Castlewood WSA Financing Agreements” means, collectively, the financing
agreements between the Authority and Castlewood WSA as further described on Exhibit G of the
Master Financing Agreement.
“Closing Date” means the date on which the Bonds are delivered to the VRA upon
payment or partial payment of the purchase price for the Bonds.
“County” means Russell County, Virginia.
“County Bonds” means the County RD Bonds and the County VRA Bonds.
“County RD Bonds” means the following bonds issued by the County:

$672,000 Russell County Series 1988 Water Revenue Bond (RD Sword’s

Creek Project);
2. $900,000 Russell County Sewer Revenue Bond, Series 1996 (RD Dante
Project);
3. $119,530 Russell County, Virginia, Water Revenue Bond, Series 1999 (RD
Lynn Springs Project);
“County VRA Bonds” means, collectively, the bonds and any allonges thereto issued
by the County to the VRA, as Administrator of the Fund, that are described in Exhibit F of the
Master Financing Agreement.
“County Financing Agreements” means, collectively, the financing agreements
between the Authority and the County as further described on Exhibit G of the Master Financing
Agreement.
“Master Financing Agreement” means the financing agreement executed by the
Authority and the VRA in accordance with Section 4.1 of this resolution.
“Fund” means the Virginia Water Supply Revolving Fund acting by and through the
Virginia Resources Authority, its successors and assigns.
“Government” means the United States of America, acting through Rural Utilities
Service, United States Department of Agriculture.
“Master Parity Agreement” means the agreement executed by the Authority, the
VRA, and the Government dated as of July 1, 2020.
“Maximum Amount” means $12,058,187.38.
“Parity Bonds” means

$672,000 Russell County Series 1988 Water Revenue Bond (RD Sword’s

“Castlewood WSA Financing Agreements” means, collectively, the financing
agreements between the Authority and Castlewood WSA as further described on Exhibit G of the
Master Financing Agreement.
“Closing Date” means the date on which the Bonds are delivered to the VRA upon
payment or partial payment of the purchase price for the Bonds.
“County” means Russell County, Virginia.
“County Bonds” means the County RD Bonds and the County VRA Bonds.
“County RD Bonds” means the following bonds issued by the County:


$672,000 Russell County Series 1988 Water Revenue Bond (RD Sword’s
Creek Project);


$900,000 Russell County Sewer Revenue Bond, Series 1996 (RD Dante
Project);


$119,530 Russell County, Virginia, Water Revenue Bond, Series 1999 (RD
Lynn Springs Project);


“County VRA Bonds” means, collectively, the bonds and any allonges thereto issued
by the County to the VRA, as Administrator of the Fund, that are described in Exhibit F of the
Master Financing Agreement.
“County Financing Agreements” means, collectively, the financing agreements
between the Authority and the County as further described on Exhibit G of the Master Financing
Agreement.
“Master Financing Agreement” means the financing agreement executed by the
Authority and the VRA in accordance with Section 4.1 of this resolution.
“Fund” means the Virginia Water Supply Revolving Fund acting by and through the
Virginia Resources Authority, its successors and assigns.
“Government” means the United States of America, acting through Rural Utilities
Service, United States Department of Agriculture,
“Master Parity Agreement” means the agreement executed by the Authority, the
VRA, and the Government dated as of July 1, 2020.
“Maximum Amount” means $12,058,187.38.
“Parity Bonds” means

$672,000 Russell County Series 1988 Water Revenue Bond (RD Sword’s

Creek Project);
2. $900,000 Russell County Sewer Revenue Bond, Series 1996 (RD Dante
Project);
3. $119,530 Russell County, Virginia, Water Revenue Bond, Series 1999 (RD
Lynn Springs Project);
4. $350,000 Water Revenue Bond, Series of 2000 (RD Castlewood Water
Project);
5. $937,300 Water Revenue Bond, Series of 2005 (Dante Rehabilitation Water
Project);
6. $2,200,000 Sewer Revenue Bond, Series of 2013 (Sewer Phase 1A);
7. $23,179.29 Water and Sewer Revenue Bond, Series 2020A;
8. $418,700 Water and Sewer Revenue Bond, Series 2020D;
and shall include each of the Bonds issued pursuant to this resolution and the Master
Financing Agreement.
“System” means all plants, systems, facilities, equipment or property, of which the
Project constitutes the whole or is a part, owned, operated or maintained by the Authority and used
in connection with the collection, storage, treatment or distribution of water or the collection or
treatment of wastewater.
“Transfer Agreement” means the Transfer Agreement dated as of July 1, 2020 among
the Authority, The Castlewood Water and Sewage Authority, and the County.
“VRA” means the Virginia Resources Authority, a public body corporate and a
political subdivision of the Commonwealth of Virginia, its successors and assigns, as Administrator
of the Fund.
ARTICLE II
Authorization of Project
Section 2.1. The Project.  It is determined to be advisable, necessary, and expedient for the
Authority to assume the obligation to pay the Castlewood WSA Bonds and the County Bonds, in
consideration for the Authority’s acquisition of the facilities financed by such bonds, and the
amendments of and restatements to the Authority Financing Agreements related to the Authority
Bonds (the “Project”).
Section 2.2 Government Letter of Conditions.  It is determined that it is in the best interest
of the Authority for the Authority to accept the Government’s terms and conditions set forth in the
Government’s letter dated July ___, 2020 related to the Authority’s assumption of the Castlewood
WSA RD Bonds and the County RD Bonds (the “Assumption LOC”).
ARTICLE III
Authorization, Award, Details, Execution, Form,
Creek Project);


$900,000 Russell County Sewer Revenue Bond, Series 1996 (RD Dante
Project);


$119,530 Russell County, Virginia, Water Revenue Bond, Series 1999 (RD
Lynn Springs Project);


4, $350,000 Water Revenue Bond, Series of 2000 (RD Castlewood Water
Project);


$937,300 Water Revenue Bond, Series of 2005 (Dante Rehabilitation Water
Project);


$2,200,000 Sewer Revenue Bond, Series of 2013 (Sewer Phase 1 A);


$23,179.29 Water and Sewer Revenue Bond, Series 2020A;


$418,700 Water and Sewer Revenue Bond, Series 2020D;


and shalll include each of the Bonds issued pursuant to this resolution and the Master
Financing Agreement.
“System” means all plants, systems, facilities, equipment or property, of which the
Project constitutes the whole or is a part, owned, operated or maintained by the Authority and used
in connection with the collection, storage, treatment or distribution of water or the collection or
treatment of wastewater.
“Transfer Agreement” means the Transfer Agreement dated as of July 1,2020 among
the Authority, The Castlewood Water and Sewage Authority, and the County.
“VRA” means the Virginia Resources Authority, a public body corporate and a
political subdivision of the Commonwealth of Virginia, its suecessors and assigns, as Administrator
of the Fund.
ARTICLE I
Authorization of Project
Section 2.1. The Project. Itis determined to be advisable, necessary, and expedient for the
Authority to assume the obligation to pay the Castlewood WSA Bonds and the County Bonds, in
consideration for the Authority’s acquisition of the facilities financed by such bonds, and the
amendments of and restatements to the Authority Financing Agreements related to the Authority
Bonds (the “Project”).
Section 2.2___ Government Letter of Conditions._It is determined that it is in the best interest
of the Authority for the Authority to accept the Government’s terms and conditions set forth in the
Government’s letter dated July 2020 related to the Authority’s assumption of the Castlewood
WSA RD Bonds and the County RD Bonds (the “Assumption LOC
ARTICLE IIL
Authorization, Award, Details, Execution, Form.
Registration and Delivery of Bonds
Section 3.1. Authorization of Bonds.  Pursuant to the Act, there is authorized to be issued
and sold water and sewer revenue bonds of the Authority in the principal amount not to exceed the
Maximum Amount (the “Bonds”), as evidence of the assumption by the Authority of the Castlewood
WSA VRA Bonds and the County VRA Bonds and as evidence of the amendments and restatements
of the Authority Financing Agreements.
Section 3.2. Award of Bonds.  After mature consideration of the methods of sale of such
bond and current conditions of the municipal bond market, it is determined that it is in the best
interest of the Authority for the Authority to deliver the Bonds to the VRA in exchange, in part, for
(i) the Castlewood WSA and the County, with the consent of VRA, transferring to the Authority
certain facilities of the Castlewood WSA and the County, in accordance with the Transfer
Agreement and the Master Financing Agreement, and (ii) the amendments and restatements of the
Authority Financing Agreements in accordance with the Master Financing Agreement.
Section 3.3. Details of Bonds.
(a)   The Bonds shall bear an appropriate designation as determined by either of the
Chairman or Vice-Chairman of the Authority, each of whom is authorized to provide the designation
for the Bonds in order to appropriately identify it.    The Bonds shall be issued as two separate fully
registered bonds without coupons, shall each be dated the Closing Date, shall be numbered R-1 and
R-2, respectively, one of the Bonds shall bear a Cost of Funds at a rate not to exceed two and
twenty-five hundredths percent (2.25%) per annum (referred to in this resolution and in the
Financing Agreement as the “Cost of Funds” on the Bond), composed of interest to the Fund of
0.75% and a fee of 1.50% for administrative management services, and the other shall bear no
interest. The principal of and, if applicable, Cost of Funds on the Bonds shall be in the amount and
shall be payable semi-annually in the amounts and on the dates established in accordance with
subsection (b) below.
(b) Each of the Chairman or Vice-Chairman of the Authority is authorized and
directed to determine the principal amount of the Bonds and to accept the dates on which, and the
amounts in which, principal of and, if applicable, Cost of Funds on the Bonds will be due, as
established by the VRA before the Closing Date; provided, however, that the principal amount of the
Bonds shall not exceed the Maximum Amount, and the final maturity of the Bonds shall be no
greater than thirty (30) years after the Closing Date.  The execution and delivery of the Bonds as
described in Section 3.4 and Section 3.7 of this resolution shall conclusively evidence such principal
amount and payment dates and amounts established by VRA as having been so accepted as
authorized by this Resolution.  Principal of and, if applicable, Cost of Funds on the Bonds shall be
payable in lawful money of the United States of America.
Section 3.4. Execution of Bonds.  Each of the Bonds shall be signed by the Chairman or
Vice Chairman of the Authority, and the Authority’s seal shall be affixed to the Bonds and attested
by the Authority’s Secretary.
Section 3.5. Form of Bonds.  The Bonds shall be in substantially the following form, with
Registration and Delivery of Bonds
Section 3.1. Authorization of Bonds. Pursuant to the Act, there is authorized to be issued
and sold water and sewer revenue bonds of the Authority in the principal amount not to exceed the
Maximum Amount (the “Bonds”), as evidence of the assumption by the Authority of the Castlewood
WSA VRA Bonds and the County VRA Bonds and as evidence of the amendments and restatements
of the Authority Financing Agreements.
Section 3.2. Award of Bonds. After mature consideration of the methods of sale of such
bond and current conditions of the municipal bond market, it is determined that it is in the best
interest of the Authority for the Authority to deliver the Bonds to the VRA in exchange, in part, for
(i) the Castlewood WSA and the County, with the consent of VRA, transferring to the Authority
certain facilities of the Castlewood WSA and the County, in accordance with the Transfer
Agreement and the Master Financing Agreement, and (ii) the amendments and restatements of the
‘Authority Financing Agreements in accordance with the Master Financing Agreement.
Section 3.3. Details of Bonds.
(a) The Bonds shall bear an appropriate designation as determined by either of the
Chairman or Vice-Chairman of the Authority, each of whom is authorized to provide the designation
for the Bonds in order to appropriately identify it.The Bonds shall be issued as two separate fully
registered bonds without coupons, shall each be dated the Closing Date, shall be numbered R-1 and
R-2, respectively, one of the Bonds shall bear a Cost of Funds at a rate not to exceed two and
twenty-five hundredths percent (2.25%) per annum (referred to in this resolution and in the
Financing Agreement as the “Cost of Funds” on the Bond), composed of interest to the Fund of
0.75% and a fee of 1.50% for administrative management services, and the other shall bear no
interest. The principal of and, if applicable, Cost of Funds on the Bonds shall be in the amount and
shall be payable semi-annually in the amounts and on the dates established in accordance with
subsection (b) below.
(b) Each of the Chairman or Vice-Chairman of the Authority is authorized and
directed to determine the principal amount of the Bonds and to accept the dates on which, and the
amounts in which, principal of and, if applicable, Cost of Funds on the Bonds will be due, as
established by the VRA before the Closing Date; provided, however, that the principal amount of the
Bonds shall not exceed the Maximum Amount, and the final maturity of the Bonds shall be no
greater than thirty (30) years after the Closing Date. The execution and delivery of the Bonds as
described in Section 3.4 and Section 3.7 of this resolution shall conclusively evidence such principal
amount and payment dates and amounts established by VRA as having been so accepted as
authorized by this Resolution, Principal of and, if applicable, Cost of Funds on the Bonds shall be
payable in lawful money of the United States of America.
Section 3.4. Execution of Bonds. Each of the Bonds shall be signed by the Chairman or
Vice Chairman of the Authority, and the Authority’s seal shall be affixed to the Bonds and attested
by the Authority’s Secretary.
Section 3.5. Form of Bonds. The Bonds shall be in substantially the following form, with
such variations, insertions and omissions as shall be consistent with this resolution, the execution
and delivery of the Bonds constituting conclusive evidence that any variations, insertions and
omissions are so consistent:
[To be completed at Closing—Form of Bond only]
No. R-1 $[amount]
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
Water and Sewer Revenue Bond, Series 2020[B][C]
Dated [date]
The Russell County Public Service Authority, a political subdivision of the Commonwealth of
Virginia (the “Authority”), for value received, promises to pay, solely from the revenues described
and pledged in the Financing Agreement, as defined below, to the payment of this Bond, to the order
of the Virginia Resources Authority (the “VRA”), as Administrator of the Virginia Water Supply
Revolving Fund (the “Fund”), or registered assigns, the principal sum [equal to the aggregate
amount of principal advances shown on the attached Schedule of Principal Advances, but not to
exceed the sum of]
[amount] DOLLARS
($[amount])
[with interest (the “Cost of Funds”), including the portion allocable to the annual administrative fee
payable as set forth in Section 6.1 of the “Financing Agreement”) defined below, on the unpaid
principal from the date [hereof] [of each principal advance shown on the attached Certificate of
Principal Advances] until payment of the entire principal sum at the annual rate of two and twenty-
five hundredths percent 2.25%), composed of interest to the Fund of 0.75% and a fee of 1.50% for
administrative management services][without interest].
The principal of and Cost of Funds on this Bond shall be due and payable as set forth on the
attached payment schedule.
[Each installment shall be applied first to payment of Cost of Funds accrued and unpaid to
the payment date and then to principal.]  If principal advances up to the maximum authorized
amount are not made, the principal amount due on this Bond shall not include such undisbursed
amount.  However, unless the Authority and VRA agree otherwise in writing, until all payments due
hereunder shall have been paid in full, less than full disbursement of the maximum authorized
amount of this Bond shall not postpone the due date of any semi-annual installment due hereunder or
change the amount of such installment unless the principal amount due under this Bond is less than
such variations, insertions and omissions as shall be consistent with this resolution, the execution
and delivery of the Bonds constituting conclusive evidence that any variations, insertions and
omissions are so consistent:
[To be completed at Closing—Form of Bond only]
No. R-1 $[amount]
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
Water and Sewer Revenue Bond, Series 2020[B][C]
Dated [date]
The Russell County Public Service Authority, a political subdivision of the Commonwealth of
Virginia (the “Authority”), for value received, promises to pay, solely from the revenues described
and pledged in the Financing Agreement, as defined below, to the payment of this Bond, to the order
of the Virginia Resources Authority (the “VRA”), as Administrator of the Virginia Water Supply
Revolving Fund (the “Fund”), or registered assigns, the principal sum [equal to the aggregate
amount of principal advances shown on the attached Schedule of Principal Advances, but not to
exceed the sum of]
[amount] DOLLARS
(S[amount})
[with interest (the “Cost of Funds”), including the portion allocable to the annual administrative fee
payable as set forth in Section 6.1 of the “Financing Agreement”) defined below, on the unpaid
principal from the date [hereof] [of each principal advance shown on the attached Certificate of
Principal Advances] until payment of the entire principal sum at the annual rate of two and twenty-
five hundredths percent 2.25%), composed of interest to the Fund of 0.75% and a fee of 1.50% for
administrative management services][without interest].
The principal of and Cost of Funds on this Bond shall be due and payable as set forth on the
attached payment schedule
[Each installment shall be applied first to payment of Cost of Funds accrued and unpaid to
the payment date and then to principal.] If principal advances up to the maximum authorized
amount are not made, the principal amount due on this Bond shall not include such undisbursed
amount. However, unless the Authority and VRA agree otherwise in writing, until all payments due
hereunder shall have been paid in full, less than full disbursement of the maximum authorized
amount of this Bond shall not postpone the due date of any semi-annual installment due hereunder or
change the amount of such installment unless the principal amount due under this Bond is less than
the amount of such installment.
In addition, if any installment of principal of or Cost of Funds on this Bond is not received by
the registered owner of this Bond within ten (10) days from its due date, the Authority shall pay to
the registered owner of this Bond a late payment charge in the amount equal to five percent (5.00%)
of such overdue installment.  Principal of and Cost of Funds on this Bond are payable in lawful
money of the United States.
Neither the faith and credit of the Commonwealth of Virginia nor the faith and credit
of any county, city, town or other political subdivision of the Commonwealth of Virginia are
pledged to the payment of the principal of or Cost of Funds on this Bond.
This Bond is one of an issue of bonds in the aggregate amount of $12,058,187.38 authorized
by a resolution duly adopted by the Authority on July 21, 2020 (the “Bond Resolution”) and is
issued pursuant to the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2, Code of
Virginia of 1950, as amended) (the “Act”), and pursuant to the terms of a Master Financing
Agreement dated as of July 1, 2020 between the VRA, as Administrator of the Virginia Water
Supply Revolving Fund, and the Authority (the “Master Financing Agreement”) to evidence the
assumption of certain loans made by the VRA to the Castlewood Water and Sewage Authority  and
to the County of Russell, Virginia  in consideration of the transfer to the Authority of the facilities
originally financed by such loans and to evidence amendments and restatements of certain loans
made by the VRA to the Authority.  Reference is made to the Bond Resolution and the Master
Financing Agreement and any amendments to it for the provisions, among others, describing the
pledge and covenants securing this Bond, the nature and extent of the security, the terms and
conditions upon which this Bond is issued, the rights and obligations of the Authority and the rights
of the bondholder.  Capitalized terms used in this Bond and not otherwise defined have the meanings
given them in the Master Financing Agreement.
Principal of [and Cost of Funds on] this Bond [is] [are] payable solely from the revenues of
the System pledged to the payment of them in the Master Financing Agreement and from amounts, if
any, received pursuant to the Support Agreement, as defined in the Bond Resolution.
In accordance with the Master Financing Agreement, the lien of the pledge of revenues
securing the payment of the principal of and Cost of Funds on this Bond is and shall be on parity
with the lien of any pledge of revenues securing the following bonds issued by the Authority:
$672,000 Russell County Series 1988 Water Revenue Bond (RD Sword’s
Creek Project);
$900,000 Russell County Sewer Revenue Bond, Series 1996 (RD Dante
Project);
$119,530 Russell County, Virginia, Water Revenue Bond, Series 1999 (RD
Lynn Springs Project);
$350,000 Water Revenue Bond, Series of 2000 (RD Castlewood Water
Project);
$937,300 Water Revenue Bond, Series of 2005 (Dante Rehabilitation Water
Project);
the amount of such installment.
In addition, if any installment of principal of or Cost of Funds on this Bond is not received by
the registered owner of this Bond within ten (10) days from its due date, the Authority shall pay to
tered owner of this Bond a late payment charge in the amount equal to five percent (5.00%)
of such overdue installment. Principal of and Cost of Funds on this Bond are payable in lawful
money of the United States.
Neither the faith and credit of the Commonwealth of Virginia nor the faith and credit
of any county, city, town or other political subdivision of the Commonwealth of Virginia are
pledged to the payment of the principal of or Cost of Funds on this Bond.
This Bond is one of an issue of bonds in the aggregate amount of $12,058,187.38 authorized
by a resolution duly adopted by the Authority on July 21, 2020 (the “Bond Resolution”) and is
issued pursuant to the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2, Code of
Virginia of 1950, as amended) (the “Act”), and pursuant to the terms of a Master Financing
Agreement dated as of July 1, 2020 between the VRA, as Administrator of the Virginia Water
Supply Revolving Fund, and the Authority (the “Master Financing Agreement”) to evidence the
assumption of certain loans made by the VRA to the Castlewood Water and Sewage Authority and
to the County of Russell, Virginia in consideration of the transfer to the Authority of the facilities
originally financed by such loans and to evidence amendments and restatements of certain loans
made by the VRA to the Authority. Reference is made to the Bond Resolution and the Master
Financing Agreement and any amendments to it for the provisions, among others, describing the
pledge and covenants securing this Bond, the nature and extent of the security, the terms and
conditions upon which this Bond is issued, the rights and obligations of the Authority and the rights
of the bondholder. Capitalized terms used in this Bond and not otherwise defined have the meanings
given them in the Master Financing Agreement.
Principal of [and Cost of Funds on] this Bond [is] [are] payable solely from the revenues of
the System pledged to the payment of them in the Master Financing Agreement and from amounts, if
any, received pursuant to the Support Agreement, as defined in the Bond Resolution.
In accordance with the Master Financing Agreement, the lien of the pledge of revenues
securing the payment of the principal of and Cost of Funds on this Bond is and shall be on parity
with the lien of any pledge of revenues securing the following bonds issued by the Authority:
$672,000 Russell County Series 1988 Water Revenue Bond (RD Sword’s
Creek Project);
$900,000 Russell County Sewer Revenue Bond, Series 1996 (RD Dante
Project);
$119,530 Russell County, Virginia, Water Revenue Bond, Series 1999 (RD
Lynn Springs Project);
$350,000 Water Revenue Bond, Series of 2000 (RD Castlewood Water
Project);
$937,300 Water Revenue Bond, Series of 2005 (Dante Rehabilitation Water
Project);
$2,200,000 Sewer Revenue Bond, Series of 2013 (Sewer Phase 1A);
$23,173.29 Water and Sewer Revenue Bond, Series 2020A; and
[$6,157,089.73 Water and Sewer Revenue Bond, Series 2020B;]
[$5,901,097.65 Water and Sewer Revenue Bond, Series 2020C.]
No notation is required to be made on this Bond of the payment of any principal on normal
installment payment dates or of any prepayments of principal.  HENCE, THE FACE AMOUNT OF
THIS BOND MAY EXCEED THE PRINCIPAL SUM REMAINING OUTSTANDING AND DUE
HEREUNDER.
Transfer of this Bond may be registered upon the registration books of the Bond Registrar.

Prior to due presentment for registration of transfer the Bond Registrar shall treat the registered
owner as the person exclusively entitled to payment of principal of and Cost of Funds on this Bond

and the exercise of all other rights and powers of the owner.
This Bond is subject to optional prepayment to the extent and on the terms set forth in the
Financing Agreement.
If an Event of Default (as defined in the Financing Assumption Agreement) occurs, the
principal of and Cost of Funds on this Bond may be declared immediately due and payable by the
holder by written notice to the Authority.
Notwithstanding anything in this Bond to the contrary, in addition to the payments of the
principal and Cost of Funds provided for by this Bond, the Authority shall also pay such additional
amounts, if any, which may be necessary to provide for payment in full of all amounts due under the
Master Financing Agreement.
All acts, conditions and things required by the Constitution and statutes of the
Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this
Bond have happened, exist and have been performed.
IN WITNESS WHEREOF, the Authority has caused this Bond to be signed by the Chairman
of the Authority, its seal to be affixed this Bond and attested by the Secretary of the Authority, and
this Bond to be dated the date first shown above.
(SEAL)
ATTEST:
[NOT FOR SIGNATURE]

Secretary, The Russell County Public Service
Authority
[NOT FOR SIGNATURE]

Chairman, The Russell County Public Service
Authority
$2,200,000 Sewer Revenue Bond, Series of 2013 (Sewer Phase 1A);
$23,173.29 Water and Sewer Revenue Bond, Series 2020A; and
[$6,157,089.73 Water and Sewer Revenue Bond, Series 2020B;]
[$5,901,097.65 Water and Sewer Revenue Bond, Series 2020C.]
No notation is required to be made on this Bond of the payment of any principal on normal
installment payment dates or of any prepayments of principal. HENCE, THE FACE AMOUNT OF
THIS BOND MAY EXCEED THE PRINCIPAL SUM REMAINING OUTSTANDING AND DUE
HEREUNDER.
Transfer of this Bond may be registered upon the registration books of the Bond Registrar.
Prior to due presentment for registration of transfer the Bond Registrar shall treat the registered
‘owner as the person exclusively entitled to payment of principal of and Cost of Funds on this Bond
and the exercise of all other rights and powers of the owner.
This Bond is subject to optional prepayment to the extent and on the terms set forth in the
Financing Agreement.
If an Event of Default (as defined in the Financing Assumption Agreement) occurs, the
principal of and Cost of Funds on this Bond may be declared immediately due and payable by the
holder by written notice to the Authority.
Notwithstanding anything in this Bond to the contrary, in addition to the payments of the
principal and Cost of Funds provided for by this Bond, the Authority shall also pay such additional
amounts, ifany, which may be necessary to provide for payment in full of all amounts due under the
Master Financing Agreement.
All acts, conditions and things required by the Constitution and statutes of the
‘Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this
Bond have happened, exist and have been performed.
IN WITNESS WHEREOF, the Authority has caused this Bond to be signed by the Chairman
of the Authority, its seal to be affixed this Bond and attested by the Secretary of the Authority, and
this Bond to be dated the date first shown above.
(SEAL)
ATTEST:
[NOT FOR SIGNATURE] [NOT FOR SIGNATURE]
Secretary, The Russell County Public Service Chairman, The Russell County Public Service
Authority Authority
SCHEDULE OF PRINCIPAL ADVANCES
The amount and date of principal advances not to exceed the face amount hereof shall be
entered hereon by an authorized officer of the VRA, when the proceeds of each such principal
advance are delivered to the Authority.
Amount
Date
Authorized Signature
[End of Bond Form]
Upon request of the VRA, the Authority shall arrange to have prepared, executed,
authenticated and delivered in exchange as soon as practicable bonds in printed form in an aggregate
principal amount equal to the unpaid principal of the Bonds in typewritten form, in denominations of
$5,000 and multiples of $5,000, except for one bond which may be issued in an odd denomination of
not less than $5,000, of the same form and maturity and registered in such names as requested by the
VRA or its duly authorized attorney or legal representative.  The typewritten bond surrendered in
any such exchange shall be canceled.
Section 3.6. Registration and Exchange of Bonds.  Transfer of the Bonds may be registered
upon books maintained for that purpose at the office of the Registrar.  Prior to due presentment for
registration of transfer the Registrar shall treat the registered owner as the person exclusively entitled
to payment of principal and the exercise of all other rights and powers of the owner.
Section 3.7. Delivery of Bonds.  The Chairman and Vice Chairman and the Secretary of
the Authority are authorized and directed to take all proper steps to have the Bonds prepared and
executed in accordance with its terms and to deliver the Bonds to the VRA in accordance with the
terms of the Master Financing Agreement.
Section 3.8. Mutilated, Lost, Stolen or Destroyed Bond.  If either of the Bonds has been
mutilated, lost, stolen, or destroyed, the Authority shall execute and deliver a new bond of like date
and tenor in exchange and substitution for, and upon delivery to the Treasurer and cancellation of,
such mutilated bond, or in lieu of and in substitution for such lost, stolen, or destroyed bond;
provided, however, that the Authority shall execute, authenticate, and deliver a new bond only if its
registered owner has paid the reasonable expenses and charges of the Authority in connection
therewith and, in the case of a lost, stolen, or destroyed bond (i) has filed with the Registrar evidence
satisfactory to him or her that such bond was lost, stolen, or destroyed and that the holder of the bond
was its registered owner and (ii) has furnished to the Authority indemnity satisfactory to the
Registrar.  If either of the Bonds has matured, instead of issuing a new bond, the Authority may pay
such bond without surrender upon receipt of the aforesaid evidence and indemnity.
ARTICLE IV
SCHEDULE OF PRINCIPAL ADVANCES.
The amount and date of principal advances not to exceed the face amount hereof shall be
entered hereon by an authorized officer of the VRA, when the proceeds of each such principal
advance are delivered to the Authority.
Amount Date
[End of Bond Form]
Upon request of the VRA, the Authority shall arrange to have prepared, executed,
authenticated and delivered in exchange as soon as practicable bonds in printed form in an aggregate
principal amount equal to the unpaid principal of the Bonds in typewritten form, in denominations of
$5,000 and multiples of $5,000, except for one bond which may be issued in an odd denomination of
not less than $5,000, of the same form and maturity and registered in such names as requested by the
VRA or its duly authorized attorney or legal representative. The typewritten bond surrendered in
any such exchange shall be canceled.
Section 3.6. Registration and Exchange of Bonds. Transfer of the Bonds may be registered
upon books maintained for that purpose at the office of the Registrar. Prior to due presentment for
registration of transfer the Registrar shall treat the registered owner as the person exclusively entitled
to payment of principal and the exercise of all other rights and powers of the owner.
Section 3.7. Delivery of Bonds. The Chairman and Vice Chairman and the Secretary of
the Authority are authorized and directed to take all proper steps to have the Bonds prepared and
executed in accordance with its terms and to deliver the Bonds to the VRA in accordance with the
terms of the Master Financing Agreement.
Section 3.8. Mutilated, Lost, Stolen or Destroyed Bond. If either of the Bonds has been
mutilated, lost, stolen, or destroyed, the Authority shall execute and deliver a new bond of like date
and tenor in exchange and substitution for, and upon delivery to the Treasurer and cancellation of,
such mutilated bond, or in lieu of and in substitution for such lost, stolen, or destroyed bond;
provided, however, that the Authority shall execute, authenticate, and deliver a new bond only if its
registered owner has paid the reasonable expenses and charges of the Authority in connection
therewith and, in the case ofa lost, stolen, or destroyed bond (i) has filed with the Registrar evidence
satisfactory to him or her that such bond was lost, stolen, or destroyed and that the holder of the bond
was its registered owner and (ii) has furnished to the Authority indemnity satisfactory to the
Registrar. If either of the Bonds has matured, instead of issuing a new bond, the Authority may pay
such bond without surrender upon receipt of the aforesaid evidence and indemnity.
ARTICLE IV
Financing Documents and Revenues
Section 4.1. Authorization of Assumption LOC, Financing Agreement, Support
Agreement, Master Parity Agreement, and Other Matters.  The Assumption LOC, the Master
Financing Agreement between the VRA and the Authority (the “Master Financing Agreement”), the
Amended and Restated Support Agreement among the Authority, the County and the VRA (the
“Support Agreement”), the Amended and Restated Funding Agreement between the VRA and the
Authority (the “Funding Agreement”), and the Master Parity Agreement (collectively, the
“Financing Documents”), the forms of which have been presented to the Authority at this meeting
and filed with the records of the Authority, are approved.  Each of the Chairman and Vice-Chairman
of the Authority is authorized to execute and deliver on behalf of the Authority the Financing
Documents in substantially the forms submitted to the Authority, with such changes, insertions or
omissions as may be approved by the Chairman or Vice-Chairman, whose approval shall be
evidenced conclusively by the execution and delivery of each of the Financing Documents.  The
Chairman, the Vice-Chairman, the Secretary and any other officer of the Authority are authorized to
execute and deliver on behalf of the Authority such other instruments, documents or certificates, and
to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the
transactions authorized by this resolution or contemplated by the Bonds, and the Financing
Documents, and all of the foregoing, previously done or performed by such officers of the Authority,
are in all respects approved, ratified and confirmed.
Section 4.2. Pledge of Revenues.  To the extent and on the terms provided in the
Assumption LOC, revenues derived from the System shall be pledged to the payment of the
principal of and interest on the Castlewood WSA RD Bonds and the County Bonds.  To the extent
and on the terms provided in the Master Financing Agreement, revenues derived from the System
shall be pledged to the payment of the principal of and, if applicable, Cost of Funds on the Bonds.

these pledges shall be on parity with the pledge of such revenues securing the payment of the Parity
Bonds.
Section 4.3 Transfer Agreement.  The Authority confirms its approval of the Transfer
Agreement, the form of which has been presented to the Authority at this meeting and filed with the
records of the Authority.  Each of the Chairman and Vice-Chairman of the Authority is authorized to
execute and deliver on behalf of the Authority the Transfer Agreement in substantially the form
submitted to the Authority, with such changes, insertions or omissions as may be approved by the
Chairman or Vice-Chairman, whose approval shall be evidenced conclusively by the execution and
delivery of the Transfer Agreement.  The Chairman, the Vice-Chairman, the Secretary and any other
officer of the Authority are authorized to execute and deliver on behalf of the Authority such other
instruments, documents or certificates, and to do and perform such things and acts, as they shall
deem necessary or appropriate to carry out the transactions authorized by this resolution or
contemplated by the Transfer Agreement, and all of the foregoing, previously done or performed by
such officers of the Authority, are in all respects approved, ratified and confirmed.
ARTICLE V
Miscellaneous
Financing Documents and Revenues
Section 4.1. Authorization_of Assumption LOC, Financing Agreement, Support
Agreement, Master Parity Agreement, and Other Matters. The Assumption LOC, the Master
Financing Agreement between the VRA and the Authority (the “Master Financing Agreement”), the
‘Amended and Restated Support Agreement among the Authority, the County and the VRA (the
“Support Agreement”), the Amended and Restated Funding Agreement between the VRA and the
‘Authority (the “Funding Agreement”), and the Master Parity Agreement (collectively, the
“Financing Documents”), the forms of which have been presented to the Authority at this meeting
and filed with the records of the Authority, are approved. Each of the Chairman and Vice-Chairman
of the Authority is authorized to execute and deliver on behalf of the Authority the Financing
Documents in substantially the forms submitted to the Authority, with such changes, insertions or
omissions as may be approved by the Chairman or Vice-Chairman, whose approval shall be
evidenced conclusively by the execution and delivery of cach of the Financing Documents. The
Chairman, the Vice-Chairman, the Secretary and any other officer of the Authority are authorized to
execute and deliver on behalf of the Authority such other instruments, documents or certificates, and
to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the
transactions authorized by this resolution or contemplated by the Bonds, and the Financing
Documents, and all of the foregoing, previously done or performed by such officers of the Authority,
are in all respects approved, ratified and confirmed.
Section 4.2. Pledge of Revenues. To the extent and on the terms provided in the
Assumption LOC, revenues derived from the System shall be pledged to the payment of the
principal of and interest on the Castlewood WSA RD Bonds and the County Bonds. To the extent
and on the terms provided in the Master Financing Agreement, revenues derived from the System
shall be pledged to the payment of the principal of and, if applicable, Cost of Funds on the Bonds.
these pledges shall be on parity with the pledge of such revenues securing the payment of the Parity
Bonds
Section 4.3 Transfer Agreement. The Authority confirms its approval of the Transfer
Agreement, the form of which has been presented to the Authority at this meeting and filed with the
records of the Authority. Each of the Chairman and Vice-Chairman of the Authority is authorized to
execute and deliver on behalf of the Authority the Transfer Agreement in substantially the form
submitted to the Authority, with such changes, insertions or omissions as may be approved by the
Chairman or Vice-Chairman, whose approval shall be evidenced conclusively by the execution and
delivery of the Transfer Agreement. The Chairman, the Vice-Chairman, the Secretary and any other
officer of the Authority are authorized to execute and deliver on behalf of the Authority such other
instruments, documents or certificates, and to do and perform such things and acts, as they shall
deem necessary or appropriate to carry out the transactions authorized by this resolution or
contemplated by the Transfer Agreement, and all of the foregoing, previously done or performed by
such officers of the Authority, are in all respects approved, ratified and confirmed.
ARTICLE V
Miscellaneous
Section 5.1. Contract with Bondholder.  The provisions of this resolution shall constitute a
contract between the Authority and the holder of the Bonds for so long as the Bonds are outstanding.
Section 5.2. Authority of Officers and Agents.  The officers and agents of the Authority
shall do all acts and things required of them by this resolution, the Bonds, the Master Financing
Agreement, the Support Agreement, and the Act for the complete and punctual performance of all
the terms, covenants and agreements contained therein.
Section 5.3. Limitation of Rights.  Nothing expressed or mentioned in or to be implied
from this resolution or the Bonds is intended or shall be construed to give to any person or company
other than the parties hereto and the holder of the Bonds any legal or equitable right, remedy or
claim under or in respect to this resolution or any covenants, conditions and agreements herein
contained; this resolution and all of the covenants, conditions and agreements hereof being intended
to be and being for the sole and exclusive benefit of the parties hereto and the holder of the Bonds as
herein provided.
Section 5.4. Limitation of Liability of Officials of Authority.  No covenant, condition or
agreement contained herein shall be deemed to be a covenant, agreement or obligation of a present
or future member, officer, employee or agent of the Authority in his individual capacity, and neither
the members of the Authority nor any officer thereof executing the Bonds shall be liable personally
on the Bonds or be subject to any personal liability or accountability by reason of the issuance
thereof.  No member, officer, employee or agent of the authority shall incur any personal liability
with respect to any other action taken by him pursuant to this resolution or the Act, provided he acts
in good faith.
Section 5.5. Trust Funds. In accordance with Section 15.2-5140 of the Act, any officer to
whom, or any bank, trust company or other fiscal agent to which, moneys received pursuant to the
Act are paid shall act as trustee of such moneys and shall hold and apply the same for the purposes
provided in the Act, subject to such regulations as this resolution or the Financing Agreement may
provide.
Section 5.6. Conditions Precedent.  Upon the issuance of the Bonds, all acts, conditions
and things required by the Constitution and statutes of the Commonwealth of Virginia or this
resolution to happen, exist and to be performed precedent to or in the issuance of such Bonds shall
have happened, exist and have been performed.
Section 5.7. Severability.  If any court of competent jurisdiction shall hold any provision
of this resolution to be invalid or unenforceable, such holding shall not invalidate any other
provision of this resolution.
Section 5.8. Successors and Assigns.  All the covenants, stipulations, promises and
agreements of the Authority contained in this resolution shall bind and inure to the benefit of its
successors and assigns, whether so expressed or not.
Section 5.9. Headings.  Any headings in this resolution are solely for convenience of
Section 5.1. | Contract with Bondholder. The provisions of this resolution shall constitute a
contract between the Authority and the holder of the Bonds for so long as the Bonds are outstanding.
Section 5.2. Authority of Officers and Agents. The officers and agents of the Authority
shall do all acts and things required of them by this resolution, the Bonds, the Master Financing
‘Agreement, the Support Agreement, and the Act for the complete and punctual performance of all
the terms, covenants and agreements contained therein.
Section 5.3. Limitation of Rights. Nothing expressed or mentioned in or to be implied
from this resolution or the Bonds is intended or shall be construed to give to any person or company
other than the parties hereto and the holder of the Bonds any legal or equitable right, remedy or
claim under or in respect to this resolution or any covenants, conditions and agreements herein
contained; this resolution and all of the covenants, conditions and agreements hereof being intended
to be and being for the sole and exclusive benefit of the parties hereto and the holder of the Bonds as
herein provided.
Section 5.4. Limitation of Liability of Officials of Authority. No covenant, condition or
agreement contained herein shall be deemed to be a covenant, agreement or obligation of a present
or future member, officer, employee or agent of the Authority in his individual capacity, and neither
the members of the Authority nor any officer thereof executing the Bonds shall be liable personally
on the Bonds or be subject to any personal liability or accountability by reason of the issuance
thereof. No member, officer, employee or agent of the authority shall incur any personal liability
with respect to any other action taken by him pursuant to this resolution or the Act, provided he acts
in good faith.
Section 5.5. Trust Funds. Inaccordance with Section 15.2-5140 of the Act, any officer to
whom, or any bank, trust company or other fiscal agent to which, moneys received pursuant to the
Act are paid shall act as trustee of such moneys and shall hold and apply the same for the purposes
provided in the Act, subject to such regulations as this resolution or the Financing Agreement may
provide.
Section 5.6. Conditions Precedent. Upon the issuance of the Bonds, all acts, conditions
and things required by the Constitution and statutes of the Commonwealth of Virginia or this
resolution to happen, exist and to be performed precedent to or in the issuance of such Bonds shall
have happened, exist and have been performed.
Section 5.7. Severability. Ifany court of competent jurisdiction shall hold any provision
of this resolution to be invalid or unenforceable, such holding shall not invalidate any other
provision of this resolution.
Section 5.8. Successors and Assigns, All the covenants, stipulations, promises and
agreements of the Authority contained in this resolution shall bind and inure to the benefit of its
successors and assigns, whether so expressed or not.
Section 5.9. Headings. Any headings in this resolution are solely for convenience of
reference and shall not constitute a part of the resolution nor shall they affect its meaning,
construction or effect.
Section 5.10 Filing of Resolution.  The Secretary of the Authority is directed to file a
certified copy of this resolution with the Circuit Court of Russell County, Virginia, pursuant to
Section 15.2-5126 of the Act.
Section 5.11. Effective Date.  This resolution shall take effect immediately.
reference and shall not constitute a part of the resolution nor shall they affect its meaning,
construction or effect.
Section 5.10 Filing of Resolution. The Secretary of the Authority is directed to file a
certified copy of this resolution with the Circuit Court of Russell County, Virginia, pursuant to
Section 15.2-5126 of the Act.
Section 5.11 Effective Date. This resolution shall take effect immediately.

The undersigned Secretary of The Russell County Public Service Authority (the
“Authority”), certifies that the foregoing constitutes a true and correct copy of a resolution duly
adopted at a meeting of the Authority held on July 21, 2020.  I further certify that such meeting was
a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a
quorum was present.  I further certify that the minutes of such meeting reflect the attendance of the
members and the voting on the foregoing resolution as follows:
Member Attendance Vote
Carter McGlothlin, Chair

Clifford Hess, Vice-Chair
Chris Dye

Terry Powers
Joe Huff

David Edmonds, Jr.
WITNESS MY HAND and the seal of The Russell County Public Service Authority, this __
day of July, 2020.
(SEAL)

Secretary, The Russell County Public Service
Authority
#13168379
016049.0009
see
The undersigned Secretary of The Russell County Public Service Authority (the
“Authority”), certifies that the foregoing constitutes a true and correct copy of a resolution duly
adopted at a meeting of the Authority held on July 21, 2020. 1 further certify that such meeting was
a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a
quorum was present. I further certify that the minutes of such meeting reflect the attendance of the
members and the voting on the foregoing resolution as follows:
Member
Attendance
Vote
Carter McGlothlin, Chair
Clifford Hess, Vice-Chair
Chris Dye
Terry Powers
Joe Huff
David Edmonds, Jr.
WITNESS MY HAND and the seal of The Russell County Public Service Authority, this __
day of July, 2020.
(SEAL)
#13168379
(016049,0009
Secretary, The Russell County Public Service
Authority
K&C Draft: 6/27/20207/16/2020
MASTER FINANCING AGREEMENT
dated as of __________ 1, 2020
BETWEEN
VIRGINIA RESOURCES AUTHORITY,
as Administrator of the
Virginia Water Supply Revolving Fund
AND
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
Virginia Resources Authority
Virginia Water Supply Revolving Fund
$6,157,089.73 Water and Sewer Revenue Bond, Series 2020B
$5,901,097.65 Water and Sewer Revenue Bond, Series 2020C
Lonzo Lester
Highlight
Lonzo Lester
Highlight
K&C Draft: 627/20207/16/2020
dated as of 1, 2020
BETWEEN
as Administrator of the
Virginia Water Supply Revolving Fund
AND
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
Virginia Resources Authority
Virginia Water Supply Revolving Fund
| $6,157,089.73 Water and Sewer Revenue Bond, Series 2020B
| $5,901,097.65 Water and Sewer Revenue Bond, Series 2020C
TABLE OF CONTENTS
[To Be Updated]
Page
ARTICLE I
DEFINITIONS
Section 1.1. Definitions  …1
Section 1.2. Rules of Construction  …4
ARTICLE II
REPRESENTATIONS
Section 2.1. Representations by Borrower  …5
ARTICLE III
ISSUANCE AND DELIVERY OF THE LOCAL BONDS
Section 3.1. Amendment and Restatement of Financing Agreements…7
Section 3.2. Conditions Precedent to Entering into Master Financing Agreement …7
ARTICLE IV
USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT
Section 4.1. Application of Proceeds 9Article IV …9
Section 4.2. Application of Proceeds  …9
Section 4.3. Agreement to Accomplish Project  …10
Section 4.3. Permits  …11
Section 4.4. Permits  …11
Section 4.5. Construction Contractors  …11
Section 4.54.6.Engineering Services  …11
Section 4.64.7.Borrower Required to Complete Project  …11
ARTICLE V
PLEDGE, REVENUES AND RATES
Section 5.1. Pledge of Revenues; Rate Covenant  …12
Section 5.2. Annual Budget  …13
Section 5.3. Qualified Independent Consultant’s Report …13
TABLE OF CONTENTS
[To Be Updated]
ARTICLE I
Section 1.1. Definitions . .
Section 1.2. Rules of Construction .
ARTICLE II
REPRESENTATIONS
Section 2.1. Representations by Borrower …
ARTICLE HT
ISSUANCE AND DELIVERY OF THE LOCAL BONDS
Section 3.1. Amendment and Restatement of Financing Agreement
Section 3.2. Conditions Precedent to Entering into Master Financing Agreement 7
ARTICLE IV
USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT.
Section 4.1. Application of Proceeds 9Article IV.
Section 4.2. Application of Proceeds …
Section 4.3. Agreement to Accomplish Project
jon 4 3-—P.
Section 4.4, _ Permits .
Section Construction Contractors
Section 4.54.6.Engineering Services
Section 4.64.7.Borrower Required to Complete Project …
ARTICLE V
PLEDGE, REVENUES AND RATES
Section 5.1 Pledge of Revenues; Rate Covenant 12
Section 5.2. Annual Budget
Section 5.3. Qualified Independent Consultant’s Report
ARTICLE VI
PAYMENTS
Section 6.1. Payment of Local Bonds  …13
Section 6.2. Payment of Additional Payments …14
ARTICLE VII
PREPAYMENTS
Section 7.1. Prepayment of Local Bonds  …14
ARTICLE VIII
OWNERSHIP, OPERATION AND USE OF SYSTEM
Section 8.1. Ownership and Operation of Project and System  …15
Section 8.2. Maintenance  …15
Section 8.3. Additions and Modifications …15
Section 8.4. Use of System  …15
Section 8.5. Inspection of System and Borrower’s Books and Records  …15
Section 8.6. Ownership of System  …15
Section 8.7. Sale or Encumbrance  …16
Section 8.8. Collection of Revenues  …16
Section 8.9. No Free Service …16
Section 8.10. No Competing Service  …17
Section 8.11. Mandatory Connection …17
Section 8.12. Lawful Charges  …17
Section 8.13. Operating Budget …17
Section 8.14. Operating Reserve  …17
ARTICLE IX
INSURANCE, DAMAGE AND DESTRUCTION
Section 9.1. Insurance  …17
Section 9.2. Requirements of Policies  …18
Section 9.3. Notice of Damage, Destruction and Condemnation  …18
Section 9.4. Damage and Destruction  …18
Section 9.5. Condemnation and Loss of Title  …19
ARTICLE X
SPECIAL COVENANTS
Section 10.1. Maintenance of Existence  …19
Section 6.1.
Section 6.2.
Section 7.1
Section 8.1
Section 8.2.
Section 8.3.
Section 8.4.
Section 8.5.
Section 8.6.
Section 8.7.
Section 8.8.
Section 8.9.
Section 8.10.
Section 8.11
Section 8.12.
Section 8.13,
ARTICLE VI
PAYMENTS,
Payment of Local Bonds .
Payment of Additional Payments 14
ARTICLE VIL
PREPAYMENTS
Prepayment of Local Bonds 14
ARTICLE VU
OWNERSHIP, OPERATION AND USE OF SYSTEM
Ownership and Operation of Project and System 15
Maintenance …
Additions and Modifications
Use of System …
Inspection of System and Borrower’s Books and Records
Ownership of System
Sale or Eneumbrance
Collection of Revenues
No Free Service …
‘No Competing Service
Mandatory Connection
Lawful Charges
Operating Budget
Section 8.14.
Operating Reserve
Section 9.1
Section 9.2.
Section 9.3.
Section 9.4.
Section 9.5.
Section 10.1.
ARTICLE IX
INSURANCE, DAMAGE AND DESTRUCTION
Insurance
Requirements of Policies .
Notice of Damage, Destruction and Condemnation
Damage and Destruction
Condemnation and Loss of Title
ARTICLE X
SPECIAL COVENANTS
Maintenance of Existence
Section 10.2. Financial Records and Statements  …19
Section 10.3. Certificate as to No Default  …20
Section 10.4. Additional Indebtedness …20
Section 10.5. Parity Bonds  …20
Section 10.6. Further Assurances …22
Section 10.7. Other Indebtedness …22
Section 10.8. Assignment by Borrower  …22
Section 10.9. Davis-Bacon Act  …22
Section 10.10. American Iron and Steel  …22
Section 10.11. Recordkeeping and Reporting …23
Section 10.12. Service Contracts  …23
Section 10.13. Waterworks Business Operations Plan and Rate Study  …23
ARTICLE XI
DEFAULTS AND REMEDIES
Section 11.1. Events of Default  …23
Section 11.2. Notice of Default …24
Section 11.3. Remedies on Default …24
Section 11.4. Delay and Waiver …25
Section 11.5. State Aid Intercept …25
ARTICLE XII
MISCELLANEOUS
Section 12.1. Successors and Assigns …25
Section 12.2. Amendments  …25
Section 12.3. Limitation of Borrower’s Liability …25
Section 12.4. Applicable Law  …25
Section 12.5. Severability  …26
Section 12.6. Notices  …26
Section 12.7. Right to Cure Default  …26
Section 12.8. Headings  …27
Section 12.9. Term of Agreement  …27
Section 12.10. Termination of Original Financing Agreements  …27
Section 12.11. Counterparts  …27
Section 10.2.
Section 10.3.
Section 10.4.
Section 10.5.
Section 10.6.
Section 10.7.
Section 10.8.
Section 10.9.
Section 10.10.
Section 10.11.
Financial Records and Statements …
Certificate as to No Default
Additional Indebtedness …
Parity Bonds
Further Assurances
Other Indebtedness
Assignment by Borrower
Davis-Bacon Act …
‘American Iron and Steel .
Recordkeeping and Reporting
Section 10.12. Service Contracts
1043-4 cs Business Operations Plan-and R
3 .
ARTICLE XI
DEFAULTS AND REMEDIES
Section 11.1. Events of Default … 23
Section 11.2. Notice of Default 24
Section 11.3. Remedies on Default.
Section 11.4. Delay and Waiver …
Section 11.5. State Aid Intercept
ARTICLE XII
MISCELLANEOUS
Section 12.1. Successors and Assigns
Section 12.2, Amendments
Section 12.3. Limitation of Borrower’s Liability 25
Section 12.4. Applicable Law …
Section 12.5. Severability …
Section 12.6. Notices …
Section 12.7. Right to Cure Default
Section 12.8. Headings
Section 12.9. Term of Agreement
Section 12.10.
Section 12.11
|. Termination of Original Financing Agreements …
. Counterparts
EXHIBITS
Exhibit A - Form of Local Bonds
Exhibit B - Project Descriptions
Exhibit C - Project Budgets
Exhibit D - Opinion of Borrower’s Bond Counsel
Exhibit E - Form of Requisition
Exhibit F - Original Bonds
Exhibit G - Original Financing Agreements
Exhibit H - Prior Bonds and Existing Parity Bonds

Exhibit I - Debt Service Schedules
Exhibit J - Form of Budget
Exhibit K - Amended and Restated Support Agreement
EXHIBITS
Exhibit A - Form of Local Bonds
Exhibit B - Project Descriptions
Exhibit C - Project Budgets
Exhibit D - Opinion of Borrower’s Bond Counsel
Exhibit E - Form of Requisition
Exhibit F - Original Bonds
Exhibit G - Original Financing Agreements
Exhibit H - Prior Bonds and Existing Parity Bonds
Exhibit I - Debt Service Schedules
Exhibit J - Form of Budget
Exhibit K - Amended and Restated Support Agreement
MASTER FINANCING AGREEMENT
THIS MASTER FINANCING AGREEMENT is made as of this first day of
__________, 2020, between the VIRGINIA RESOURCES AUTHORITY, a public body
corporate and a political subdivision of the Commonwealth of Virginia (the “Authority”), as
Administrator of the VIRGINIA WATER SUPPLY REVOLVING FUND (the “Fund”), and
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY, a body politic and corporate
and a political subdivision of the Commonwealth of Virginia (the “Borrower”).
Pursuant to Chapter 23, Title 62.1 of the Code of Virginia (1950), as amended (the “Act”),
the General Assembly created a permanent and perpetual fund known as the “Virginia Water
Supply Revolving Fund” (the “Fund”).  In conjunction with the Board of Health, the Authority
administers and manages the Fund.  From the Fund, the Authority from time to time makes loans to
and acquires obligations of local governments in Virginia to finance or refinance the costs of water
supply facilities within the meaning of Section 62.1-233 of the Act.
The Borrower has requested certain loans from the Fund and has evidenced its obligation
to repay such loans by its bonds as described on Exhibit F (the “Russell PSA Bonds”) pursuant
to Financing Agreements as described on Exhibit G, between the Authority, as Administrator of
the Fund, and the Borrower.  The  (the “Russell PSA Financing Agreements”).  In connection
with the transfers and assumptions described below, the Borrower has requested that the
Authority agree to amendments to and restatements of the Russell PSA Financing Agreements as
described on Exhibit G (the “Russell PSA Financing Agreement”), between the Authority and
the Borrower, with respect to the Russell PSA Bonds on the terms and conditions stated in this
Agreement.
The Castlewood Water and Sewage Authority (“Castlewood WSA”) has previously issued
its bonds as described on Exhibit F (the “Castlewood WSA Bonds”) pursuant to Financing
Agreements as described on Exhibit G, between the Authority, as Administrator of the Fund, and
Castlewood WSA (the “Castlewood WSA Financing Agreements”).  Castlewood WSA has agreed
to transfer to the Borrower the facilities financed by the Castlewood WSA Bonds and the Borrower
has agreed to assume the Castlewood WSA Bonds.  The parties desire to provide for the assumption
by the Borrower of the obligations of the Castlewood WSA with respect to the Castlewood WSA
Bonds, on the terms and conditions stated in this Agreement.
The County of Russell, Virginia (the “County”) has previously issued its bonds as described
on Exhibit F (the “County Bonds”) pursuant to Financing Agreements as described on Exhibit G,
between the Authority, as Administrator of the Fund, and the County (the “County Financing
Agreements”).  The County has agreed to transfer to the Borrower the facilities financed by the
County Bonds and the Borrower has agreed to assume the County Bonds.  The parties desire to
provide for the assumption by the Borrower of the obligations of the County with respect to the
County Bonds, on the terms and conditions stated in this Agreement.
MASTER FINANCING AGREEMENT
THIS MASTER FINANCING AGREEMENT is made as of this first day of
= 2020, between the VIRGINIA RESOURCES AUTHORITY, a public body
corporate and a political subdivision of the Commonwealth of Virginia (the “Authority”), as
Administrator of the VIRGINIA WATER SUPPLY REVOLVING FUND (the “Fund”), and
‘THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY, a body politic and corporate
and a political subdivision of the Commonwealth of Virginia (the “Borrower”).
Pursuant to Chapter 23, Title 62.1 of the Code of Virginia (1950), as amended (the “Act”),
the General Assembly created a permanent and perpetual fund known as the “Virginia Water
Supply Revolving Fund” (the “Fund”). In conjunetion with the Board of Health, the Authority
administers and manages the Fund. From the Fund, the Authority from time to time makes loans to
and acquires obligations of local governments in Virginia to finance or refinance the costs of water
supply facilities within the meaning of Section 62.1-233 of the Act.
The Borrower has requested certain loans from the Fund and has evidenced its obligation
to repay such loans by its bonds as described on Exhibit F (the “Russell PSA Bonds”) pursuant
to Financing Agreements as described on Exhibit G, between the Authority, as Administrator of
the Fund, and the Borrower—The-(the “Russell PSA Financing Agreements”), In connection
with the transfers and assumptions described below, the Borrower has requested that the
Authority agree to amendments to and restatements of the Russell PSA Financing Agreements #s
described on Exhibit-G-(the “Russell PSA-F: Sb he-Authority-and
the Borrower,with respect to the Russell PSA Bonds on the terms and conditions stated in this
Agreement,
The Castlewood Water and Sewage Authority (“Castlewood WSA”) has previously issued
its bonds as described on Exhibit F (the “Castlewood WSA Bonds”) pursuant to Financing
‘Agreements as described on Exhibit G, between the Authority, as Administrator of the Fund, and
Castlewood WSA (the “Castlewood WSA Financing Agreement: Castlewood WSA has agreed
to transfer to the Borrower the facilities financed by the Castlewood WSA Bonds and the Borrower
has agreed to assume the Castlewood WSA Bonds. The parties desire to provide for the assumption
by the Borrower of the obligations of the Castlewood WSA with respect to the Castlewood WSA.
Bonds, on the terms and conditions stated in this Agreement.
The County of Russell, Virginia (the “County”) has previously issued its bonds as described
on Exhibit F (the “County Bonds”) pursuant to Financing Agreements as described on Exhibit G,
between the Authority, as Administrator of the Fund, and the County (the “County Financing
Agreements”). The County has agreed to transfer to the Borrower the facilities financed by the
‘County Bonds and the Borrower has agreed to assume the County Bonds. The parties desire to
provide for the assumption by the Borrower of the obligations of the County with respect to the
County Bonds, on the terms and conditions stated in this Agreement.
ARTICLE I
DEFINITIONS
Section 1.1. Definitions.  The capitalized terms contained in this Agreement and not
defined above shall have the meanings set forth below unless the context requires otherwise and
any capitalized terms not otherwise defined herein shall have the meaning assigned to such terms
in the Act:
“Additional Payments” means the payments required by Section 6.2.
“Agreement” means this Master Financing Agreement between the Authority and the
Borrower, together with any amendments or supplements hereto.
“Annual Administrative Fee” means the portion of the Cost of Funds specified in
Section 6.1 and Exhibit I payable as an annual fee for administrative and management services
attributable to certain of the Local Bonds.
“Authorized Representative” means any member, official or employee of the Borrower
authorized by resolution, ordinance or other official act of the governing body of the Borrower to
perform the act or sign the document in question.
“Board” means the Virginia Board of Health.
“Castlewood WSA” means The Castlewood Water and Sewage Authority.
“Castlewood WSA Bonds” means, collectively, the bonds and any allonges thereto
described in Exhibit F issued by Castlewood WSA to the Authority, as Administrator of the
Fund.
“Castlewood WSA Financing Agreements” means, collectively, the financing
agreements between the Authority and Castlewood WSA as further described on Exhibit G.
“Closing Date” means the date of delivery of the Local Bonds to the Authority, as
Administrator of the Fund.
“Consulting Engineer” means the engineer or firm of independent consulting engineers
of recognized standing and experienced in the field of sanitary engineering and registered to do
business in Virginia which is designated by the Borrower from time to time as the Borrower’s
consulting engineer in accordance with Section 4.5 4.6 in a written notice to the Authority.  Such
individual or firm shall be subject to the reasonable approval of the Authority.  Unless and until
the Authority notifies the Borrower otherwise, any of the Borrower’s employees that are licensed
and registered as professional engineers in the Commonwealth of Virginia may serve as
Consulting Engineer under this Agreement.
“Cost of Funds” means interest, including the part thereof allocable to the Annual
Administrative Fee, if any, payable as set forth in Section 6.1 and Exhibit I.
ARTICLE I
DEFINITIONS
Section 1.1. Definitions. The capitalized terms contained in this Agreement and not
defined above shall have the meanings set forth below unless the context requires otherwise and
any capitalized terms not otherwise defined herein shall have the meaning assigned to such terms
in the Act:
“Additional Payments” means the payments required by Section 6.2.
“Agreement” means this Master Financing Agreement between the Authority and the
Borrower, together with any amendments or supplements hereto.
“Annual Administrative Fee” means the portion of the Cost of Funds specified in
Section 6.1 and Exhibit I payable as an annual fee for administrative and management services
attributable to certain of the Local Bonds.
“Authorized Representative” means any member, official or employee of the Borrower
authorized by resolution, ordinance or other official act of the governing body of the Borrower to
perform the act or sign the document in question.
“Board” means the Virginia Board of Health.
“Castlewood WSA” means The Castlewood Water and Sewage Authority.
“Castlewood WSA Bonds” means, collectively, the bonds and any allonges thereto
described in Exhibit F issued by Castlewood WSA to the Authority, as Administrator of the
Fund.
“Castlewood WSA Financing Agreements” means, collectively, the financin,
agreements between the Authority and Castlewood WSA as further described on Exhibit G.
“Closing Date” means the date of delivery of the Local Bonds to the Authority, as
Administrator of the Fund.
“Consulting Engineer” means the engineer or firm of independent consulting engineers
of recognized standing and experienced in the field of sanitary engineering and registered to do
business in Virginia which is designated by the Borrower from time to time as the Borrower’s
consulting engineer in accordance with Section 4-5-4.6 in a written notice to the Authority. Such
individual or firm shall be subject to the reasonable approval of the Authority. Unless and until
the Authority notifies the Borrower otherwise, any of the Borrower’s employees that are licensed
and registered as professional engineers in the Commonwealth of Virginia may serve as
Consulting Engineer under this Agreement.
“Cost of Funds” means interest, including the part thereof allocable to the Annual
‘Administrative Fee, if any, payable as set forth in Section 6.1 and Exhibit I.
“County” means the County of Russell, Virginia.
“County Bonds” means, collectively, the bonds and any allonges thereto described in
Exhibit F issued by the County to the Authority, as Administrator of the Fund.
“County Financing Agreements” means, collectively, the financing agreements
between the Authority and the County as further described on Exhibit G.
“Default” means an event or condition the occurrence of which would, with the lapse of
time or the giving of notice or both, become an Event of Default.
“Department” means the Virginia Department of Health.
“Event of Default” shall have the meaning set forth in Section 11.1.
“Existing Parity Bonds” means any of the Borrower’s bonds, notes or other evidences
of indebtedness, as further described on Exhibit H, that on the respective dates of the Local
Bonds’ issuance and delivery were secured by or payable from a pledge of Revenues on a parity
with the pledge of Revenues securing the Local Bonds.
“Fiscal Year” means the period of twelve months established by the Borrower as its
annual accounting period.
“Financing Agreements” means, collectively, the Castlewood WSA Financing
Agreements, the County Financing Agreements and the Russell PSA Financing Agreements.
[“Funding Agreement” means the Amended and Restated Funding Agreement, dated as
of the date hereof, between the Authority, as Administrator of the Fund, and the Borrower.]
“Local Bonds” means , collectively, the bonds relating to the assumption of the
Castlewood WSA Bonds and the County Bonds and the amendment and restatement
amendments and restatements of the Russell PSA Bonds, substantially in the forms attached to
this Financing Agreement as Exhibit A, issued by the Borrower to the Authority, as
Administrator of the Fund, pursuant to this Agreement.
“Local Bond Proceeds” means the aggregate proceeds from the sale of the Local Bonds
pursuant to this Agreement.
“Local Resolution” means all resolutions or ordinances adopted by the governing body
of the Borrower approving the transactions contemplated by and authorizing the execution and
delivery of this Agreement, the Master Parity Agreement and the Transfer Agreement and the
execution, issuance and delivery of the Local Bonds.
“County” means the County of Russell, Virginia.
“County Bonds” means, collectively, the bonds and any allonges thereto described in
Exhibit F issued by the County to the Authority, as Administrator of the Fund.
“County Financing Agreements” means, collectively, the financing agreements
between the Authority and the County as further described on Exhibit G.
“Default” means an event or condition the occurrence of which would, with the lapse of
time or the giving of notice or both, become an Event of Default
“Department” means the Virginia Department of Health.
“Event of Default” shall have the meaning set forth in Section 11.1.
“Existing Parity Bonds” means any of the Borrower’s bonds, notes or other evidences
of indebtedness, as further described on Exhibit H, that on the respective dates of the Local
Bonds’ issuance and delivery were secured by or payable from a pledge of Revenues on a parity
with the pledge of Revenues securing the Local Bonds.
“Fiscal Year” means the period of twelve months established by the Borrower as its
annual accounting period.
“Financing Agreements” means, collectively, the Castlewood WSA Financing
Agreements, the County Financing Agreements and the Russell PSA Financing Agreements,
{Funding Agreement” means the Amended and Restated Funding Agreement, dated as
of the date hereof, between the Authority, as Administrator of the Fund, and the Borrower.}
“Local Bonds” means-, collectively. the bonds relating to the assumption of the
Castlewood WSA Bonds and the County Bonds and the amendment-and-restatement
amendments and restatements of the Russell PSA Bonds, substantially in the forms attached to
this Financing Agreement as Exhibit A, issued by the Borrower to the Authority, as
Administrator of the Fund, pursuant to this Agreement.
“Local Bond Proceeds” means the aggregate proceeds from the sale of the Local Bonds
pursuant to this Agreement.
“Local Resolution” means all resolutions or ordinances adopted by the governing body
of the Borrower approving the transactions contemplated by and authorizing the execution and
delivery of this Agreement, the Master Parity Agreement and the Transfer Agreement and the
execution, issuance and delivery of the Local Bonds.
“Master Parity Agreement” means the Master Parity Agreement dated as of __________,
2020, among the Authority, the Borrower and United States of America, acting by and through the
Rural Utilities Service, an agency of the United States Department of Agriculture.
“Net Proceeds” means the gross proceeds from any insurance recovery or condemnation
award remaining after payment of attorneys’ fees and expenses of the Authority and all other
expenses incurred in the collection of such gross proceeds.
“Net Revenues Available for Debt Service” means the Revenues less amounts
necessary to pay Operation and Maintenance Expense.
“Operating Reserve Fund” means the operating reserve fund established in Section
8.13.
“Operation and Maintenance Expense” means the costs of operating and maintaining
the System determined pursuant to generally accepted accounting principles, exclusive of
(i) interest on any debt secured by or payable from Revenues, (ii) depreciation and any other
items not requiring the expenditure of cash, (iii) any amounts expended for capital replacements,
repairs and maintenance not recurring annually or reserves therefor, and (iv) reserves for
administration, operation and maintenance occurring in the normal course of business.
“Opinion of Counsel” means a written opinion of recognized bond counsel, acceptable
to the Authority.
“Original Bonds” means, collectively, the Castlewood WSA Bonds, the County Bonds
and the Russell PSA Bonds.
“Original Financing Agreements” means, collectively, the Castlewood WSA Financing
Agreements, the County Financing Agreements and the Russell PSA Financing Agreements.
“Parity Bonds” means bonds, notes or other evidences of indebtedness of the Borrower
issued under Section 10.5.
“Prior Bonds” means bonds, notes or other evidences of indebtedness of the Borrower

secured by or payable from a pledge of Revenues all or any portion of which was superior to the
pledge of Revenues securing the Local Bonds.
“Project” means, collectively, the particular projects described in Exhibit B, the costs of
the construction, acquisition or equipping of which were financed or financing in whole or in
part with the Local Bond Proceeds.
“Project Budgets” means, collectively, the budgets for the financing or the refinancing
of each Project, copies of which are attached to this Agreement as Exhibit C.
“Master Parity Agreement” means the Master Parity Agreement dated as of.
2020, among the Authority, the Borrower and United States of America, acting by and through the
Rural Utilities Service, an agency of the United States Department of Agriculture.
“Net Proceeds” means the gross proceeds from any insurance recovery or condemnation
award remaining after payment of attomeys” fees and expenses of the Authority and all other
expenses incurred in the collection of such gross proceeds.
“Net Revenues Available for Debt Set e” means the Revenues less amounts
necessary to pay Operation and Maintenance Expense.
“Operating Reserve Fund” means the operating reserve fund established in Section
“Operation and Maintenance Expense” means the costs of operating and maintaining
the System determined pursuant to generally accepted accounting principles, exclusive of
(i) interest on any debt secured by or payable from Revenues, (ii) depreciation and any other
items not requiring the expenditure of cash, (iii) any amounts expended for capital replacements,
repairs and maintenance not recurring annually or reserves therefor, and (iv) reserves for
administration, operation and maintenance occurring in the normal course of business.
“Opinion of Counsel” means a written opinion of recognized bond counsel, acceptable
to the Authority.
“Original Bonds” means, collectively, the Castlewood WSA Bonds, the County Bonds
and the Russell PSA Bonds.
“Original Financing Agreements” means, collectively, the Castlewood WSA Financing
Agreements, the County Financing Agreements and the Russell PSA Financing Agreements.
“Parity Bonds” means bonds, notes or other evidences of indebtedness of the Borrower
issued under Section 10.5.
“Prior Bonds” means bonds, notes or other evidences of indebtedness of the Borrower
secured by or payable from a pledge of Revenues all or any portion of which was superior to the
pledge of Revenues securing the Local Bonds.
“Project” means, collectively, the particular projects described in Exhibit B, the costs of
the construction, acquisition or equipping of which were financed or financing in whole or in
part with the Local Bond Proceeds.
“Project Budgets” means, collectively, the budgets for the financing or the refinancing
of each Project, copies of which are attached to this Agreement as Exhibit C.
“Project Costs” means the costs of the construction, acquisition or equipping of each
Project, as further described in the Project Budgets, and such other costs as may be approved in
writing by the Authority, provided such costs are permitted by the Act.
“Qualified Independent Consultant” shall mean an independent professional consultant
having the skill and experience necessary to provide the particular certificate, report or approval
required by the provision of this Agreement in which such requirement appears, including
without limitation a Consulting Engineer, so long as such individual is not an employee of the
Borrower, and an independent certified public accountant or firm of independent certified public
accountants.  Such individual or firm shall be subject to the reasonable approval of the Authority.
“Required Operating Reserve” shall have the meaning set forth in Section 8.13.
“Revenues” means (i) all rates, fees, rentals, charges and income properly allocable to
the System in accordance with generally accepted accounting principles or resulting from the
Borrower’s ownership or operation of the System, excluding customer and other deposits subject
to refund until such deposits have become the Borrower’s property, (ii) the proceeds of any
insurance covering business interruption loss relating to the System, (iii) interest on any money
or securities related to the System held by or on behalf of the Borrower, (iv) amounts that may be
appropriated for and paid to the Borrower by the County under the Support Agreement or
otherwise, and (v) any other income from other sources pledged by the Borrower to the payment
of its Local Bonds.
“Russell PSA Bonds” means, collectively, the bonds and any allonges thereto described
in Exhibit F issued by the Borrower to the Authority, as Administrator of the Fund.
“Russell PSA Financing Agreements” means, collectively, the financing agreements
between the Authority and Borrower as further described on Exhibit G.
“Service Contracts” means the Agreement for Sale and Purchase of Water dated May 6,
2014, between the Borrower and the Buchanan County Public Service Authority; Water Sale
Agreement dated July 8, 2015, between the Borrower and the Town of Honaker, Virginia;
Agreement for the Bulk Sales of Water dated March 14, 2002, between the Borrower and the
Town of Lebanon, Virginia; Agreement for the Bulk Sale of Water dated June 11, 2001, between
the Borrower and the Tazewell County Public Service Authority; and Contract for Sale of Water
dated October 3, 2013, between the Borrower and the Washington County Service Authority .
[Add any service contracts transferred from Castlewood WSA and Russell County].
“Subordinate Bonds” means bonds, notes or other evidences of indebtedness of the
Borrower  secured by or payable from a pledge of Revenues expressly made subordinate to the
pledge of Revenues securing the Local Bonds.
“Support Agreement” means the Amended and Restated Support Agreement, dated the
date hereof, among the Borrower, the Authority and the County, substantially in the form of
Exhibit K hereto.
“Project Costs” means the costs of the construction, acquisition or equipping of each
Project, as further described in the Project Budgets, and such other costs as may be approved in
writing by the Authority, provided such costs are permitted by the Act.
“Qualified Independent Consultant” shall mean an independent professional consultant
having the skill and experience necessary to provide the particular certificate, report or approval
required by the provision of this Agreement in which such requirement appears, including
without limitation a Consulting Engineer, so long as such individual is not an employee of the
Borrower, and an independent certified public accountant or firm of independent certified public
accountants. Such individual or firm shall be subject to the reasonable approval of the Authority.
“Required Operating Reserve” shall have the meaning set forth in Section 8.13.
“Revenues” means (i) all rates, fees, rentals, charges and income properly allocable to
the System in accordance with generally accepted accounting principles or resulting from the
Borrower’s ownership or operation of the System, excluding customer and other deposits subject
to refund until such deposits have become the Borrower’s property, (ii) the proceeds of any
insurance covering business interruption loss relating to the System, (iii) interest on any money
or securities related to the System held by or on behalf of the Borrower, (iv) amounts that may be
appropriated for and paid to the Borrower by the County under the Support Agreement or
otherwise, and (v) any other income from other sources pledged by the Borrower to the payment
of its Local Bonds.
“Russell PSA Bonds” means, collectively, the bonds and any allonges thereto described
in Exhibit F issued by the Borrower to the Authority, as Administrator of the Fund.
“Russell PSA Financing Agreements” means, collectively, the financing agreements
between the Authority and Borrower as further described on Exhibit G.
“Service Contracts” means the Agreement for Sale and Purchase of Water dated May 6,
2014, between the Borrower and the Buchanan County Public Service Authority; Water Sale
Agreement dated July 8, 2015, between the Borrower and the Town of Honaker, Virginia;
‘Agreement for the Bulk Sales of Water dated March 14, 2002, between the Borrower and the
Town of Lebanon, Virginia; Agreement for the Bulk Sale of Water dated June 11, 2001, between
the Borrower and the Tazewell County Public Service Authority; and Contract for Sale of Water
dated October 3, 2013, between the Borrower and the Washington County Service Authority.
[Add any service contracts transferred from Castlewood WSA and Russell County]-
“Subordinate Bonds” means bonds, notes or other evidences of indebtedness of the
Borrower secured by or payable from a pledge of Revenues expressly made subordinate to the
pledge of Revenues securing the Local Bonds.
“Support Agreement” means the Amended and Restated Support Agreement, dated the
date hereof, among the Borrower, the Authority and the County, substantially in the form of
Exhibit K hereto.
“System” means all plants, systems, facilities, equipment or property, including but not
limited to the Project, owned, operated or maintained by the Borrower and used in connection
with the collection, supply, treatment, storage or distribution of water or the collection or
treatment of wastewater as the same may from time to time exist.
“Transfer Agreement” means the Transfer Agreement dated as of __________, 2020,
among the Borrower, the County and The Castlewood Water and Sewage Authority.
Section 1.2. Rules of Construction.  The following rules shall apply to the
construction of this Agreement unless the context requires otherwise:
(a) Singular words shall connote the plural number as well as the singular and
vice versa.
(b) All references in this Agreement to particular Sections or Exhibits are
references to Sections or Exhibits of this Agreement unless otherwise indicated.
© The headings and table of contents as used in this Agreement are solely
for convenience of reference and shall not constitute a part of this Agreement nor shall they
affect its meaning, construction or effect.
ARTICLE II
REPRESENTATIONS
Section 2.1. Representations by Borrower.  The Borrower makes the following
representations as the basis for its undertakings under this Agreement:
(a) The Borrower is a duly created and validly existing “local government”
(as defined in Section 62.1-233 of the Act) of the Commonwealth of Virginia and is vested with
the rights and powers conferred upon it by Virginia law.
(b) The Borrower has full right, power and authority to (i) adopt the Local
Resolution and execute and deliver this Agreement, the Master Parity Agreement, the Support
Agreement, the Transfer Agreement and the other documents related thereto, (ii) issue, sell and
deliver the Local Bonds to the Authority, as Administrator of the Fund, (iii) own and operate the
System, (iv) fix, charge and collect charges for the use of and for the services furnished by the
System, (v) construct, acquire or equip the Project (as described in Exhibit B) and finance or
refinance the Project Costs by borrowing money for such purpose pursuant to this Agreement
and the issuance of the Local Bonds, (vi) pledge the Revenues of the System to the payment of
the Local Bonds, and (vii) carry out and consummate all of the transactions contemplated by the
Local Resolution, this Agreement, the Support Agreement and the Local Bonds.
© This Agreement, the Master Parity Agreement, the Support Agreement,
the Transfer Agreement and the Local Bonds were duly authorized by the Local Resolution and
are in substantially the same form as presented to the governing body of the Borrower at its
meeting at which the Local Resolution was adopted.
“System” means all plants, systems, facilities, equipment or property, including but not
limited to the Project, owned, operated or maintained by the Borrower and used in connection
with the collection, supply, treatment, storage or distribution of water or the collection or
treatment of wastewater as the same may from time to time exist.
“Transfer Agreement” means the Transfer Agreement dated as of +2020,
among the Borrower, the County and The Castlewood Water and Sewage Authority.
Section 1.2. Rules of Construction. The following rules shall apply to the
construction of this Agreement unless the context requires otherwise:
(a) Singular words shall connote the plural number as well as the singular and
vice versa.
(b) All references in this Agreement to particular Sections or Exhibits are
references to Sections or Exhibits of this Agreement unless otherwise indicated.
(©) The headings and table of contents as used in this Agreement are solely
for convenience of reference and shall not constitute a part of this Agreement nor shalll they
affect its meaning, construction or effect.
ARTICLE II
REPRESENTATIONS
Section 2.1. Representations by Borrower. The Borrower makes the following
representations as the basis for its undertakings under this Agreement:
(a) The Borrower is a duly created and validly existing “local government”
(as defined in Section 62.1-233 of the Act) of the Commonwealth of Virginia and is vested with
the rights and powers conferred upon it by Virginia law.
(b) The Borrower has full right, power and authority to (i) adopt the Local
Resolution and execute and deliver this Agreement, the Master Parity Agreement, the Support
‘Agreement, the Transfer Agreement and the other documents related thereto, (ii) issue, sell and
deliver the Local Bonds to the Authority, as Administrator of the Fund, (iii) own and operate the
System, (iv) fix, charge and collect charges for the use of and for the services furnished by the
System, (v) construct, acquire or equip the Project (as described in Exhibit B) and finance or
refinance the Project Costs by borrowing money for such purpose pursuant to this Agreement
and the issuance of the Local Bonds, (vi) pledge the Revenues of the System to the payment of
the Local Bonds, and (vii) carry out and consummate all of the transactions contemplated by the
Local Resolution, this Agreement, the Support Agreement and the Local Bonds.
© This Agreement, the Master Parity Agreement, the Support Agreement,
the Transfer Agreement and the Local Bonds were duly authorized by the Local Resolution and
are in substantially the same form as presented to the governing body of the Borrower at its
meeting at which the Local Resolution was adopted.
(d) All governmental permits, licenses, registrations, certificates,
authorizations and approvals required to have been obtained as of the date of the delivery of this
Agreement have been obtained for (i) the Borrower’s adoption of the Local Resolution, (ii) the
execution and delivery by the Borrower of this Agreement, the Master Parity Agreement, the
Support Agreement, the Transfer Agreement and the Local Bonds, (iii) the performance and
enforcement of the obligations of the Borrower thereunder, (iv) the acquisition, construction,
equipping, occupation, operation and use of the Project, and (v) the operation and use of the
System.  The Borrower knows of no reason why any such required governmental permits,
licenses, registrations, certificates, authorizations and approvals not obtained as of the date
hereof cannot be obtained as needed.
(e) This Agreement, the Master Parity Agreement, the Support Agreement
and the Transfer Agreement have been executed and delivered by duly authorized officials of the
Borrower and constitute a legal, valid and binding obligations of the Borrower enforceable
against the Borrower in accordance with their terms.
(f) When executed and delivered in accordance with the Local Resolution and
this Agreement, the Local Bonds will have been executed and delivered by duly authorized
officials of the Borrower and will constitute a legal, valid and binding limited obligation of the
Borrower enforceable against the Borrower in accordance with its terms.
(g) The issuance of the Local Bonds and the execution and delivery of this
Agreement, the Master Parity Agreement, the Support Agreement and the Transfer Agreement
and the performance by the Borrower of its obligations thereunder are within the powers of the
Borrower and will not conflict with, or constitute a breach or result in a violation of, (i) to the
best of the Borrower’s knowledge, any Federal, or Virginia constitutional or statutory provision,
including the Borrower’s charter or articles of incorporation, if any, (ii) any agreement or other
instrument to which the Borrower is a party or by which it is bound or (iii) any order, rule,
regulation, decree or ordinance of any court, government or governmental authority having
jurisdiction over the Borrower or its property.
(h) The Borrower is not in default in the payment of the principal of or
interest on any of its indebtedness for borrowed money and is not in default under any instrument
under and subject to which any indebtedness for borrowed money has been incurred.  No event
or condition has happened or existed, or is happening or existing, under the provisions of any
such instrument, including but not limited to this Agreement, which constitutes, or which, with
notice or lapse of time, or both, would constitute an event of default thereunder.
(i) The Borrower (i) to the best of the Borrower’s knowledge, is not in
violation of any existing law, rule or regulation applicable to it in any way which would have a
material adverse effect on its financial condition or its ability to perform its obligations under
this Agreement, the Support Agreement or the Local Bonds and (ii) is not in default under any
indenture, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other
agreement, instrument or restriction of any kind to which the Borrower is a party or by which it
is bound or to which any of its assets is subject, which would have a material adverse effect on
its financial condition or its ability to perform its obligations under this Agreement, the Support
(4) All governmental permits, licenses, registrations, certificates,
authorizations and approvals required to have been obtained as of the date of the delivery of this,
‘Agreement have been obtained for (i) the Borrower’s adoption of the Local Resolution, (ii) the
execution and delivery by the Borrower of this Agreement, the Master Parity Agreement, the
Support Agreement, the Transfer Agreement and the Local Bonds, (iii) the performance and
enforcement of the obligations of the Borrower thereunder, (iv) the acquisition, construction,
equipping, occupation, operation and use of the Project, and (v) the operation and use of the
System. The Borrower knows of no reason why any such required governmental permits,
licenses, registrations, certificates, authorizations and approvals not obtained as of the date
hereof cannot be obtained as needed.
(©) _ This Agreement, the Master Parity Agreement, the Support Agreement
and the Transfer Agreement have been executed and delivered by duly authorized officials of the
Borrower and constitute a legal, valid and binding obligations of the Borrower enforceable
against the Borrower in accordance with their terms.
() When executed and delivered in accordance with the Local Resolution and
this Agreement, the Local Bonds will have been executed and delivered by duly authorized
officials of the Borrower and will constitute a legal, valid and binding limited obligation of the
Borrower enforceable against the Borrower in accordance with its terms.
(g) The issuance of the Local Bonds and the execution and delivery of this
Agreement, the Master Parity Agreement, the Support Agreement and the Transfer Agreement
and the performance by the Borrower of its obligations thereunder are within the powers of the
Borrower and will not conflict with, or constitute a breach or result in a violation of, (i) to the
best of the Borrower’s knowledge, any Federal, or Virginia constitutional or statutory provision,
including the Borrower’s charter or articles of incorporation, if any, (ii) any agreement or other
instrument to which the Borrower is a party or by which it is bound or (iii) any order, rule,
regulation, decree or ordinance of any court, government or governmental authority having
jurisdiction over the Borrower or its property.
(h) _ The Borrower is not in default in the payment of the principal of or
interest on any of its indebtedness for borrowed money and is not in default under any instrument
under and subject to which any indebtedness for borrowed money has been incurred. No event
or condition has happened or existed, or is happening or existing, under the provisions of any
such instrument, including but not limited to this Agreement, which constitutes, or which, with
notice or lapse of time, or both, would constitute an event of default thereunder.
(i) The Borrower (i) to the best of the Borrower’s knowledge, is not in
violation of any existing law, rule or regulation applicable to it in any way which would have a
material adverse effect on its financial condition or its ability to perform its obligations under
this Agreement, the Support Agreement or the Local Bonds and (ii) is not in default under any
indenture, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other
agreement, instrument or restriction of any kind to which the Borrower is a party or by which it
is bound or to which any of its assets is subject, which would have a material adverse effect on
its financial condition or its ability to perform its obligations under this Agreement, the Support
Agreement or the Local Bonds.  The execution and delivery by the Borrower of this Agreement,
the Support Agreement or the Local Bonds and the compliance with the terms and conditions
thereof will not conflict with or result in a breach of or constitute a default under any of the
foregoing.
(j) There are not pending nor, to the best of the Borrower’s knowledge,
threatened against the Borrower, any actions, suits, proceedings or investigations of a legal,
equitable, regulatory, administrative or legislative nature, (i) affecting the creation, organization
or existence of the Borrower or the title of its officers to their respective offices, (ii) seeking to
prohibit, restrain or enjoin the approval, execution, delivery or performance of the Local
Resolution, this Agreement, the Support Agreement or the Local Bonds or the issuance or
delivery of the Local Bonds, (iii) in any way contesting or affecting the validity or enforceability
of the Local Resolution, this Agreement, the Support Agreement, the Local Bonds or any
agreement or instrument relating to any of the foregoing, (iv) in which a judgment, order or
resolution may have a material adverse effect on the Borrower or its business, assets, condition
(financial or otherwise), operations or prospects or on its ability to perform its obligations under
the Local Resolution, this Agreement, the Support Agreement or the Local Bonds, (v) in any way
affecting or contesting the undertaking of the Project, or (vi) contesting or challenging the power
of the Borrower to pledge the Revenues to the payment of the Local Bonds.
(k) No material adverse change has occurred in the financial condition of the
Borrower as indicated in the financial statements, applications and other information furnished to
the Authority.
(l) Except as may otherwise be approved by the Authority or permitted by the
terms of this Agreement, the System at all times is and will be owned by the Borrower and will
not be operated or controlled by any other entity or person.
(m) There is no indebtedness of the Borrower secured by or payable from a
pledge of Revenues on a parity with or prior to the lien of the pledge of Revenues securing the
Local Bonds except any Existing Parity Bonds set forth on Exhibit H.
(n) The Service Contracts are in full force and effect; no default or event of
default has occurred and is continuing under the Service Contracts; and the Borrower is not
currently aware of any fact or circumstance that would have an adverse impact on the
Borrower’s ability to set rates, to receive payments, or to exercise any other rights and remedies
available to the Borrower, under or pursuant to the Service Contracts.
(o) No Event of Default or Default has occurred and is continuing.
(p) All of the representations and warranties of the Borrower contained in the
Master Parity Agreement and the Transfer Agreement are true and correct and all terms of the
Master Parity Agreement and the Transfer Agreement are reaffirmed, ratified and confirmed.
‘Agreement or the Local Bonds. The execution and delivery by the Borrower of this Agreement,
the Support Agreement or the Local Bonds and the compliance with the terms and conditions
thereof will not conflict with or result in a breach of or constitute a default under any of the
foregoing.
(j) There are not pending nor, to the best of the Borrower’s knowledge,
threatened against the Borrower, any actions, suits, proceedings or investigations of a legal,
equitable, regulatory, administrative or legislative nature, (i) affecting the creation, organization
or existence of the Borrower or the title of its officers to their respective offices, (ii) seeking to
prohibit, restrain or enjoin the approval, execution, delivery or performance of the Local
Resolution, this Agreement, the Support Agreement or the Local Bonds or the issuance or
delivery of the Local Bonds, (iii) in any way contesting or affecting the validity or enforceability
of the Local Resolution, this Agreement, the Support Agreement, the Local Bonds or any
agreement or instrument relating to any of the foregoing, (iv) in which a judgment, order or
resolution may have a material adverse effect on the Borrower or its business, assets, condition
(financial or otherwise), operations or prospects or on its ability to perform its obligations under
the Local Resolution, this Agreement, the Support Agreement or the Local Bonds, (v) in any way
affecting or contesting the undertaking of the Project, or (vi) contesting or challenging the power
of the Borrower to pledge the Revenues to the payment of the Local Bonds.
(k) No material adverse change has occurred in the financial condition of the
Borrower as indicated in the financial statements, applications and other information furnished to
the Authority.
()) Except as may otherwise be approved by the Authority or permitted by the
terms of this Agreement, the System at all times is and will be owned by the Borrower and will
not be operated or controlled by any other entity or person.
(m) _ There is no indebtedness of the Borrower secured by or payable from a
pledge of Revenues on a parity with or prior to the lien of the pledge of Revenues securing the
Local Bonds except any Existing Parity Bonds set forth on Exhibit H.
(n) The Service Contracts are in full force and effect; no default or event of
default has occurred and is continuing under the Service Contracts; and the Borrower is not
currently aware of any fact or circumstance that would have an adverse impact on the
Borrower’s ability to set rates, to receive payments, or to exercise any other rights and remedies
available to the Borrower, under or pursuant to the Service Contracts.
(0) No Event of Default or Default has occurred and is continuing.
(p) _Allof the representations and warranties of the Borrower contained in the
Master Parity Agreement and the Transfer Agreement are true and correct and all terms of the
Master Parity Agreement and the Transfer Agreement are reaffirmed, ratified and confirmed.
ARTICLE III
AMENDMENT AND RESTATEMENT OF FINANCING AGREEMENTS
Section 3.1. Amendment and Restatement of Financing Agreements; Assumption
of Local Bonds.  (a)  This Agreement in part constitutes an amendment and restatement of the
Financing Agreements with respect to the Local Bonds; however, this Agreement shall not
constitute a novation of the original debt evidenced by the respective Local Russell County PSA
Bonds.
(b) The Borrower agrees to assume each of Castlewood WSA’s and the County’s
obligations to make payments of the principal and other sums that become due under its respective
Local Bonds after the Closing Date.
© The Borrower’s obligations with respect to the amendments and restatements of the
Russell PSA Financing Agreements and the Russell PSA Bonds and the assumption of the
Castlewood WSA Bonds and the County Bonds shall be evidenced by the Locals Bonds. The
Authority agrees to release Castlewood WSA and the County from their respective obligations
under its respective Local Bonds, in accordance with the terms of this Agreement.
Section 3.2. Conditions Precedent to Entering into the Master Financing
Agreement.  This Agreement shall not be effective until the Authority shall have received the
following, all in form and substance satisfactory to the Authority:
(a) The Local Bonds,[ the Funding Agreement,]  the Master Parity
Agreement, the Support Agreement and the Transfer Agreement.
(b) A certified copy of the Local Resolution.
© A certificate of appropriate officials of the Borrower as to the matters set
forth in Section 2.1 and such other matters as the Authority may reasonably require.
(d) Evidence satisfactory to the Authority that the Borrower has performed
and satisfied all of the terms and conditions contained in this Agreement to be performed and
satisfied by it as of such date.
(e) An Opinion of Counsel, substantially in the form of Exhibit D, addressed
to the Fund and the Authority.
(f) An opinion of counsel to the Borrower in form and substance reasonably
satisfactory to the Authority.
(g) Such other documentation, certificates and opinions as the Authority, the
Board or the Department may reasonably require, including an opinion from counsel acceptable
to the Authority that the Master Parity Agreement, the Support Agreement and the Transfer
Agreement are valid and enforceable against the Borrower, subject to usual and customary
qualifications.
ARTICLE II
AMENDMENT AND RESTATEMENT OF FINANCING AGREEMENTS
Section 3.1. Amendment and Restatement of Financing Agreements; Assumption
of Local Bonds. (a) This Agreement in part constitutes an amendment and restatement of the
Financing Agreements with respect to the Local Bonds; however, this Agreement shall not
constitute a novation of the original debt evidenced by the respective Local Russell County PSA
Bonds.
(b) The Borrower agrees to assume each of Castlewood WSA’s and the County’s
obligations to make payments of the principal and other sums that become due under its respective
Local Bonds after the Closing Date.
© The Borrower’s obligations with respect to the amendments and restatements of the
Russell PSA Financing Agreements and the Russell PSA Bonds and the assumption of the
Castlewood WSA Bonds and the County Bonds shall be evidenced by the Locals Bonds. The
Authority agrees to release Castlewood WSA and the County from their respective obligations
under its respective Local Bonds, in accordance with the terms of this Agreement.
Section 3.2. Conditions Precedent to Entering into the Master Financing
Agreement. This Agreement shall not be effective until the Authority shall have received the
following, all in form and substance satisfactory to the Authority:
(a) The Local Bonds,{ the Funding Agreement,}- the Master Parity
‘Agreement, the Support Agreement and the Transfer Agreement.
(b) A certified copy of the Local Resolution.
(©) A certificate of appropriate officials of the Borrower as to the matters set
forth in Section 2.1 and such other matters as the Authority may reasonably require.
(d) Evidence satisfactory to the Authority that the Borrower has performed
and satisfied all of the terms and conditions contained in this Agreement to be performed and
satisfied by it as of such date.
© An Opinion of Counsel, substantially in the form of Exhibit D, addressed
to the Fund and the Authority.
(8) An opinion of counsel to the Borrower in form and substance reasonably
satisfactory to the Authority.
(g) Such other documentation, certificates and opinions as the Authority, the
Board or the Department may reasonably require, including an opinion from counsel acceptable
to the Authority that the Master Parity Agreement, the Support Agreement and the Transfer
Agreement are valid and enforceable against the Borrower, subject to usual and customary
qualifications.
(h)  Deposit into the Operating Reserve Fund the amount of $________ from
the Borrower’s available funds.
ARTICLE IV
USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT
Section 4.1. Application of Article IV.  The provisions of Article IV shall only apply
with respect to the following Original Bonds:
[WSL-022-15E in the amount of $_____]
[WSL-028-14E in the amount of $_____]
Section 4.2. Application of Proceeds.
(a) The Borrower agrees to apply the Local Bond Proceeds solely and exclusively to
the payment, or the reimbursement of the Borrower for the payment, of Project Costs and further
agrees to exhibit to the Department or the Authority receipts, vouchers, statements, bills of sale
or other evidence of the actual payment of such Project Costs.  The Authority shall disburse
money from the Fund to or for the account of the Borrower not more frequently than once each
calendar month (unless otherwise agreed by the Authority and the Borrower) upon receipt by the
Authority (with a copy to be furnished to the Department) of the following:
(1) A requisition (upon which the Authority, the Board and the Department
shall be entitled to rely) signed by an Authorized Representative and containing all information
called for by, and otherwise being in the form of, Exhibit E to this Agreement;
(2) If any requisition includes an item for payment for labor or to contractors,
builders or materialmen,
(i) a certificate, signed by the Consulting Engineer, stating that such
work was actually performed or such materials, supplies or equipment
were actually furnished or installed in or about the construction of the
Project; and
(ii) a certificate, signed by an Authorized Representative, stating either
that such materials, supplies or equipment are not subject to any lien or
security interest or that such lien or security interest will be released or
discharged upon payment of the requisition.
Upon receipt of each such requisition and accompanying certificate or certificates and
approval thereof by the Department, the Authority shall disburse Local Bond Proceeds hereunder
to or for the account of the Borrower in accordance with such requisition in an amount and to the
extent approved by the Department and shall note the date and amount of each such
disbursement on a schedule of principal disbursements to be included on the Local Bond.  The
(h) __Deposit into the Operating Reserve Fund the amount of $ from
the Borrower’s available funds.
ARTICLE IV
USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT
Section 4.1. Application of Article 1V. The provisions of Article IV shall only apph
with respect to the following Original Bonds:
[WSL-022-15E in the amount of § ]
[WSL-028-14E in the amount of $ ]
Se
4.2, Application of Proceeds
(a) The Borrower agrees to apply the Local Bond Proceeds solely and exclusively to
the payment, or the reimbursement of the Borrower for the payment, of Project Costs and further
agrees to exhibit to the Department or the Authority receipts, vouchers, statements, bills of sale
or other evidence of the actual payment of such Project Costs. The Authority shall disburse
money from the Fund to or for the account of the Borrower not more frequently than once each
calendar month (unless otherwise agreed by the Authority and the Borrower) upon receipt by the
Authority (with a copy to be furnished to the Department) of the following:
(1) A requisition (upon which the Authority, the Board and the Department
shall be entitled to rely) signed by an Authorized Representative and containing all information
called for by, and otherwise being in the form of, Exhibit E to this Agreement;
(2) Iany requisition includes an item for payment for labor or to contractors,
builders or materialmen,
(i) a certificate, signed by the Consulting Engineer, stating that such
work was actually performed or such materials, supplies or equipment
were actually furnished or installed in or about the construction of the
Project; and
(ii) a certificate, signed by an Authorized Representative, stating either
that such materials, supplies or equipment are not subject to any lien or
security interest or that such lien or security interest will be released or
discharged upon payment of the requisition.
Upon receipt of each such requisition and accompanying certificate or certificates and
approval thereof by the Department, the Authority shall disburse Local Bond Proceeds hereunder
to or for the account of the Borrower in accordance with such requisition in an amount and to the
extent approved by the Department and shall note the date and amount of each such
disbursement on a schedule of principal disbursements to be included on the Local Bond. The
Authority shall have no obligation to disburse any such Local Bond Proceeds if the Borrower is
in default hereunder nor shall the Department have any obligation to approve any requisition if
the Borrower is not in compliance with the terms of this Agreement.
(b) The Borrower shall comply with all applicable laws of the Commonwealth of
Virginia, including but not limited to, the Virginia Public Procurement Act, as amended,
regarding the awarding and performance of public construction contracts related to the Project.

Except as may otherwise be approved by the Department, disbursements shall be held at ninety-
five percent (95%) of the maximum authorized amount of the Local Bond to ensure satisfactory
completion of the Project.  Upon receipt from the Borrower of the certificate specified in
Section 4.2 4.3 and a final requisition detailing all retainages to which the Borrower is then
entitled, the Authority, to the extent approved by the Department and subject to the provisions of
this Section and Section 4.24.3, will disburse to or for the account of the Borrower Local Bond
Proceeds to the extent of such approval.
The Authority shall have no obligation to disburse Local Bond Proceeds in excess of the
amount necessary to pay for approved Project Costs.  If principal disbursements up to the
maximum authorized amount of the Local Bond are not made, principal installments due on the
Local Bond shall be reduced only in accordance with Section 6.1.
Section 4.24.3. Agreement to Accomplish Project.  The Borrower agrees to
cause the Project to be acquired, constructed, expanded, renovated or equipped as described in
Exhibit B and in accordance with the Project Budget and the plans, specifications and designs
prepared by the Consulting Engineer and approved by the Department.  All plans, specifications
and designs shall be approved by all applicable regulatory agencies.  The Borrower agrees to
maintain complete and accurate books and records of the Project Costs and permit the Authority
and the Department through their duly authorized representatives to inspect such books and
records at any reasonable time.  The Borrower and the Authority, with the consent of the
Department, may amend the description of the Project set forth in Exhibit B.
When the Project has been completed, the Borrower shall promptly deliver to the
Authority and the Department a certificate signed by an Authorized Representative of the
Borrower and by the Consulting Engineer stating (i) that the Project has been completed substan-
tially in accordance with this Section, the plans and specifications as amended from time to time,
as approved by the Department, and in substantial compliance with all material applicable laws,
ordinances, rules and regulations, (ii) the date of such completion, (iii) that all certificates of
occupancy or other material permits necessary for the Project’s use, occupancy and operation
have been issued or obtained, and (iv) the amount, if any, to be reserved for payment of Project
Costs.
Section 4.34.4. Permits.  The Borrower, at its sole cost and expense, shall comply
with and shall obtain all permits, consents and approvals required by local, state or federal laws,
ordinances, rules, regulations or requirements in connection with the acquisition, construction,
equipping, occupation, operation or use of the Project.  The Borrower shall, upon request, promptly
furnish to the Authority and the Department copies of all such permits, consents and approvals.  The
Borrower shall also comply with all applicable lawful program or procedural guidelines or
Authority shall have no obligation to disburse any such Local Bond Proceeds if the Borrower is
in default hereunder nor shall the Department have any obligation to approve any requisition if
the Borrower is not in compliance with the terms of this Agreement.
(b) The Borrower shall comply with all applicable laws of the Commonwealth of
Virginia, including but not limited to, the Virginia Public Procurement Act, as amended,
regarding the awarding and performance of public construction contracts related to the Project.
Except as may otherwise be approved by the Department, disbursements shall be held at ninety-
five percent (95%) of the maximum authorized amount of the Local Bond to ensure satisfactory
completion of the Project. Upon receipt from the Borrower of the certificate specified in
Section 4.2.4.3 and a final requisition detailing all retainages to which the Borrower is then
entitled, the Authority, to the extent approved by the Department and subject to the provisions of
this Section and Section 4.24.3, will disburse to or for the account of the Borrower Local Bond
Proceeds to the extent of such approval.
The Authority shall have no obligation to disburse Local Bond Proceeds in excess of the
amount necessary to pay for approved Project Costs. If principal disbursements up to the
maximum authorized amount of the Local Bond are not made, principal installments due on the
Local Bond shall be reduced only in accordance with Section 6.1.
Section 4.24.3. Agreement to Accomplish Project. The Borrower agrees to
cause the Project to be acquired, constructed, expanded, renovated or equipped as described in
Exhibit B and in accordance with the Project Budget and the plans, specifications and designs
prepared by the Consulting Engineer and approved by the Department, All plans, specifications
and designs shall be approved by all applicable regulatory agencies. The Borrower agrees to
maintain complete and accurate books and records of the Project Costs and permit the Authority
and the Department through their duly authorized representatives to inspect such books and
records at any reasonable time. The Borrower and the Authority, with the consent of the
Department, may amend the description of the Project set forth in Exhibit B.
When the Project has been completed, the Borrower shall promptly deliver to the
Authority and the Department a certificate signed by an Authorized Representative of the
Borrower and by the Consulting Engineer stating (i) that the Project has been completed substan-
tially in accordance with this Section, the plans and specifications as amended from time to time,
as approved by the Department, and in substantial compliance with all material applicable laws,
ordinances, rules and regulations, (ii) the date of such completion, (iii) that all certificates of
occupancy or other material permits necessary for the Project’s use, occupancy and operation
have been issued or obtained, and (iv) the amount, if any, to be reserved for payment of Project
Costs.
Section 4.34.4. Permits. The Borrower, at its sole cost and expense, shall comply
with and shall obtain all permits, consents and approvals required by local, state or federal laws,
ordinances, rules, regulations or requirements in connection with the acquisition, construction,
equipping, occupation, operation or use of the Project. The Borrower shall, upon request, promptly
furnish to the Authority and the Department copies of all such permits, consents and approvals. The
Borrower shall also comply with all applicable lawful program or procedural guidelines or
requirements duly promulgated and amended from time to time by the Department in connection
with the acquisition, construction, equipping, occupation, operation or use of projects financed from
the Fund under the Act.  The Borrower shall also comply in all respects with all applicable federal
laws, regulations and other requirements relating to or arising out of or in connection with the
Project and the funding thereof from the Fund.  Where noncompliance with such requirements is
determined by the Authority or the Department, the issue shall be referred to the proper
governmental authority or agency for consultation or enforcement action.
Section 4.44.5. Construction Contractors.  Each construction contractor
employed in the accomplishment of the Project shall be required in the construction contract to
furnish a performance bond and a payment bond each in an amount equal to one hundred percent
(100%) of the particular contract price.  Such bonds shall list the Borrower, the Fund, the
Authority, the Department and the Board as beneficiaries.  Each contractor shall be required to
maintain during the construction period covered by the particular construction contract builder’s
risk insurance, workers’ compensation insurance, public liability insurance, property damage
insurance and vehicle liability insurance in amounts and on terms satisfactory to the Consulting
Engineer.  Upon request of the Authority, the Department or the Board, the Borrower shall cause
each contractor to furnish evidence of such bonds and insurance to the Authority, the Department
and the Board.
Section 4.54.6. Engineering Services.  The Borrower shall retain a Consulting
Engineer to provide engineering services covering the operation of the System and the
supervision and inspection of the construction of the Project.  The Consulting Engineer shall
certify to the Fund, the Authority and the Department as to the various stages of the completion
of the Project as disbursements of Local Bond Proceeds are requested and shall upon completion
of the Project provide to the Fund, the Authority and the Department the certificates required by
Sections 4.1 4.2 and 4.24.3.
Section 4.64.7. Borrower Required to Complete Project.  If the Local Bond
Proceeds are not sufficient to pay in full the cost of the Project, the Borrower will complete the
Project at its own expense and shall not be entitled to any reimbursement therefor from the Fund,
the Authority, the Department or the Board or any abatement, diminution or postponement of the
Borrower’s payments under the Local Bond or this Agreement.
ARTICLE V
PLEDGE, REVENUES AND RATES
Section 5.1. Pledge of Revenues; Rate Covenant.  Subject to the Borrower’s right to
apply Revenues to the payment of Operation and Maintenance Expense, the Revenues are hereby
pledged to the Authority, as Administrator of the Fund, to secure the payment of the principal of and
Cost of Funds, if any, on the Local Bonds and the payment and performance of the Borrower’s
obligations under this Agreement.  This pledge shall be valid and binding from and after the
execution and delivery of this Agreement.  The Revenues, as received by the Borrower, shall
immediately be subject to the lien of this pledge without any physical delivery of them or further
act.  The lien of this pledge of the Revenues is on a parity with the lien of the pledge of the
requirements duly promulgated and amended from time to time by the Department in connection
with the acquisition, construction, equipping, occupation, operation or use of projects financed from
the Fund under the Act. The Borrower shall also comply in all respects with all applicable federal
laws, regulations and other requirements relating to or arising out of or in connection with the
Project and the funding thereof from the Fund. Where noncompliance with such requirements is
determined by the Authority or the Department, the issue shall be referred to the proper
governmental authority or agency for consultation or enforcement action.
Section 4.44.5. Construction Contractors. Each construction contractor
employed in the accomplishment of the Project shall be required in the construction contract to
furnish a performance bond and a payment bond each in an amount equal to one hundred percent
(100%) of the particular contract price. Such bonds shall list the Borrower, the Fund, the
Authority, the Department and the Board as beneficiaries. Each contractor shalll be required to
maintain during the construction period covered by the particular construction contract builder’s
risk insurance, workers’ compensation insurance, public liability insurance, property damage
insurance and vehicle liability insurance in amounts and on terms satisfactory to the Consulting
Engineer. Upon request of the Authority, the Department or the Board, the Borrower shall cause
each contractor to furnish evidence of such bonds and insurance to the Authority, the Department
and the Board.
Section 4.54. Engineering Services. The Borrower shall retain a Consulting
Engineer to provide engineering services covering the operation of the System and the
supervision and inspection of the construction of the Project. The Consulting Engineer shall
certify to the Fund, the Authority and the Department as to the various stages of the completion
of the Project as disbursements of Local Bond Proceeds are requested and shall upon completion
of the Project provide to the Fund, the Authority and the Department the certificates required by
Sections 4-1-4.2 and 4.24.3,
Section 4.64.7. Borrower Required to Complete Project. If the Local Bond
Proceeds are not sufficient to pay in full the cost of the Project, the Borrower will complete the
Project at its own expense and shall not be entitled to any reimbursement therefor from the Fund,
the Authority, the Department or the Board or any abatement, diminution or postponement of the
Borrower’s payments under the Local Bond or this Agreement.
ARTICLE V.
PLEDGE, REVENUES AND RATES
Section 5.1. Pledge of Revenues: Rate Covenant. Subject to the Borrower’s right to
apply Revenues to the payment of Operation and Maintenance Expense, the Revenues are hereby
pledged to the Authority, as Administrator of the Fund, to secure the payment of the principal of and
Cost of Funds, if any, on the Local Bonds and the payment and performance of the Borrower’s
obligations under this Agreement. This pledge shall be valid and binding from and after the
execution and delivery of this Agreement. The Revenues, as received by the Borrower, shall
immediately be subject to the lien of this pledge without any physical delivery of them or further
act. The lien of this pledge of the Revenues is on a parity with the lien of the pledge of the
Revenues securing the Existing Parity Bonds.  The lien of this pledge shall, subject to the right of
the Borrower to apply Revenues to the payment of Operation and Maintenance Expense, have
priority over all other obligations and liabilities of the Borrower, and the lien of this pledge shall be
valid and binding against all parties having claims of any kind against the Borrower regardless of
whether such parties have notice of this pledge.
(a) The Borrower covenants and agrees that it will fix and collect rates, fees and other
charges for the use of and for services furnished or to be furnished by the System, and will from
time to time revise such rates, fees and other charges so that in each Fiscal Year the Net Revenues
Available for Debt Service will equal at least 100% of the amount required during the Fiscal Year to
pay the principal of and Cost of Funds, if any, on the Local Bonds, the Additional Payments and all
other indebtedness of the Borrower secured by or payable from Revenues including without
limitation, indebtedness under leases which are treated as capital leases under generally accepted
accounting principles (the “Rate Covenant”).  If, for any reason, the Revenues are insufficient to
satisfy the foregoing covenant, the Borrower shall within ninety (90) days adjust and increase its
rates, fees and other charges or reduce its Operation and Maintenance Expense so as to provide
sufficient Revenues to satisfy such requirement.
(b) On or before the last day of each Fiscal Year, the Borrower shall review the
adequacy of its rates, fees and other charges for the next Fiscal Year, and, if such review indicates
the Borrower’s rates, fees and other charges are insufficient to satisfy the Rate Covenant, the
Borrower shall promptly take appropriate action to increase its rates, fees and other charges or
reduce its Operations and Maintenance Expense to cure any deficiency.
Section 5.2. Annual Budget.  The Borrower agrees before the first day of each Fiscal
Year to adopt a budget for such Fiscal Year containing all information called for by, and otherwise
being in the form of, Exhibit J to this Agreement, for such Fiscal Year setting forth a schedule of the
rates, fees and other charges to be imposed by the Borrower, the Revenues estimated to be
generated thereby, the expenditures anticipated by the Borrower for operations, maintenance,
repairs, replacements, improvements, debt service and other purposes, and specifically identifying
any amounts made available by the County pursuant to the Support Agreement.  Such budget as
approved by the Borrower’s governing body is referred to in this Agreement as the Annual Budget.

The Borrower may at any time during any Fiscal Year amend the Annual Budget for such Fiscal
Year so long as such amendment does not result in a Default.  The Borrower shall submit a copy of
the Annual Budget and any amendments thereto to the Authority.
Section 5.3.  Qualified Independent Consultant’s Report.  (a)  If at the end of any
Fiscal Year, the Borrower is not in compliance with the Rate Covenant, within two hundred ten
(210) days after the end of such Fiscal Year, the Borrower shall obtain a report from the
Qualified Independent Consultant giving advice and making recommendations as to the proper
maintenance, repair, replacement and operation of the System for the next ensuing Fiscal Year
and estimating the costs thereof as to the rates, fees, and other charges which should be
established by the Borrower to satisfy the Rate Covenant.  The Borrower shall promptly furnish a
copy of such report to the Authority and, subject to Section 5.3(b), take measures to implement
the recommendations of the Qualified Independent Consultant within ninety (90) days of
obtaining such report.
Revenues securing the Existing Parity Bonds. The lien of this pledge shall, subject to the right of
the Borrower to apply Revenues to the payment of Operation and Maintenance Expense, have
priority over all other obligations and liabilities of the Borrower, and the lien of this pledge shall be
valid and binding against all parties having claims of any kind against the Borrower regardless of
whether such parties have notice of this pledge.
(a) The Borrower covenants and agrees that it will fix and collect rates, fees and other
charges for the use of and for services furnished or to be furnished by the System, and will from
time to time revise such rates, fees and other charges so that in each Fiscal Year the Net Revenues
Available for Debt Service will equal at least 100% of the amount required during the Fiscal Year to
pay the principal of and Cost of Funds, if any, on the Local Bonds, the Additional Payments and all
other indebtedness of the Borrower secured by or payable from Revenues including without
limitation, indebtedness under leases which are treated as capital leases under generally accepted
accounting principles (the “Rate Covenant”). If, for any reason, the Revenues are insufficient to
satisfy the foregoing covenant, the Borrower shall within ninety (90) days adjust and increase its
rates, fees and other charges or reduce its Operation and Maintenance Expense so as to provide
sufficient Revenues to satisfy such requirement.
(b) On or before the last day of each Fiscal Year, the Borrower shall review the
adequacy of its rates, fees and other charges for the next Fiscal Year, and, if such review indicates
the Borrower’s rates, fees and other charges are insufficient to satisfy the Rate Covenant, the
Borrower shall promptly take appropriate action to increase its rates, fees and other charges or
reduce its Operations and Maintenance Expense to cure any deficiency.
Section 5.2. Annual Budget. The Borrower agrees before the first day of each Fiscal
Year to adopt a budget for such Fiscal Year containing all information called for by, and otherwise
being in the form of, Exhibit J to this Agreement, for such Fiscal Year setting forth a schedule of the
rates, fees and other charges to be imposed by the Borrower, the Revenues estimated to be
generated thereby, the expenditures anticipated by the Borrower for operations, maintenance,
repairs, replacements, improvements, debt service and other purposes, and specifically identifying
any amounts made available by the County pursuant to the Support Agreement, Such budget as
approved by the Borrower’s governing body is referred to in this Agreement as the Annual Budget.
The Borrower may at any time during any Fiscal Year amend the Annual Budget for such Fiscal
Year so long as such amendment does not result in a Default. The Borrower shall submit a copy of
the Annual Budget and any amendments thereto to the Authority.
Section 5.3. Qualified Independent Consultant’s Report. (a) If at the end of any
Fiscal Year, the Borrower is not in compliance with the Rate Covenant, within two hundred ten
(210) days after the end of such Fiscal Year, the Borrower shall obtain a report from the
Qualified Independent Consultant giving advice and making recommendations as to the proper
maintenance, repair, replacement and operation of the System for the next ensuing Fiscal Year
and estimating the costs thereof as to the rates, fees, and other charges which should be
established by the Borrower to satisfy the Rate Covenant. The Borrower shall promptly furnish a
copy of such report to the Authority and, subject to Section 5.3(b), take measures to implement
the recommendations of the Qualified Independent Consultant within ninety (90) days of
obtaining such report.
(b) If the Borrower determines that the Qualified Independent Consultant’s
recommendations are impractical or inappropriate, the Borrower may in lieu thereof adopt other
procedures which the Borrower believes will bring it into compliance with the Rate Covenant
when such measures have been implemented and become fully effective.  Such alternative plan
shall be filed with the Authority not later than thirty (30) days after receipt of the Qualified
Independent Consultant’s report along with a detailed explanation of the Borrower’s reason for
rejecting the Qualified Independent Consultant’s recommendations.  Notwithstanding anything
herein to the contrary, the Authority reserves the right, in its sole discretion, to reject such
alternate procedures and require the Borrower to comply with the Qualified Independent
Consultant’s recommendations.
ARTICLE VI
PAYMENTS
Section 6.1. Payment of Local Bonds.  The Local Bonds shall be dated as of the Closing
Date.  The Cost of Funds, if any, of each of the Local Bonds shall be computed on the disbursed
principal balance thereof from the date of each disbursement at the rate set forth on Exhibit I
with respect to each of the Local Bonds.  Principal and the Cost of Funds, if any, due under each
of the Local Bonds shall be payable in equal installments as set forth on Exhibit I with respect to
each of the Local Bonds.  All amounts due hereunder and under each of the Local Bonds shall be
due and payable in full with the final installment of principal and Cost of Funds, if any, due as
set forth on Exhibit I with respect to each of the Local Bonds.  Each installment shall be applied
first to payment of the Cost of Funds, if any, accrued and unpaid to the payment date and then to
principal.   If principal disbursements up to the maximum authorized amount of the Local Bond
are not made, the principal amount due on the Local Bond shall not include such undisbursed
amount.  However, unless the Borrower and the Authority agree otherwise in writing, until all
amounts due hereunder and under the Local Bond shall have been paid in full, less than full
disbursement of the maximum authorized amount of the Local Bond shall not postpone the due
date of any semi-annual installment due on the Local Bond, or change the amount of such
installment.  If any installment of principal of or the Cost of Funds, if any, on any of the Local
Bonds is not paid within ten (10) days after its due date, the Borrower agrees to pay the
Authority a late payment charge in an amount equal to five percent (5.0%) of the overdue
installment on such Local Bonds.
Section 6.2. Payment of Additional Payments.  In addition to the payments of
principal of and Cost of Funds, if any, on the Local Bonds, the Borrower agrees to pay on
demand of the Authority the following Additional Payments:
(1) The costs of the Fund, the Authority, the Department or the Board
in connection with the enforcement of this Agreement, including the reasonable
fees and expenses of any attorneys used by any of them; and
(b) _ If the Borrower determines that the Qualified Independent Consultant’s
recommendations are impractical or inappropriate, the Borrower may in lieu thereof adopt other
procedures which the Borrower believes will bring it into compliance with the Rate Covenant
when such measures have been implemented and become fully effective. Such alternative plan
shall be filed with the Authority not later than thirty (30) days after receipt of the Qualified
Independent Consultant’s report along with a detailed explanation of the Borrower’s reason for
rejecting the Qualified Independent Consultant’s recommendations. Notwithstanding anything
herein to the contrary, the Authority reserves the right, in its sole discretion, to reject such
alternate procedures and require the Borrower to comply with the Qualified Independent
Consultant’s recommendations.
ARTICLE VI
PAYME
Section 6.1. Payment of Local Bonds. The Local Bonds shall be dated as of the Closing
Date. The Cost of Funds, if any, of each of the Local Bonds shall be computed on the disbursed
principal balance thereof from the date of each disbursement at the rate set forth on Exhibit I
with respect to each of the Local Bonds. Principal and the Cost of Funds, if any, due under each
of the Local Bonds shall be payable in equal installments as set forth on Exhibit I with respect to
each of the Local Bonds. All amounts due hereunder and under each of the Local Bonds shall be
due and payable in full with the final installment of principal and Cost of Funds, if any, due as
set forth on Exhibit I with respect to each of the Local Bonds. Each installment shall be applied
first to payment of the Cost of Funds, if any, accrued and unpaid to the payment date and then to
principal. If principal disbursements up to the maximum authorized amount of the Local Bond
are not made, the principal amount due on the Local Bond shall not include such undisbursed
amount. However, unless the Borrower and the Authority agree otherwise in writing, until all
amounts due hereunder and under the Local Bond shall have been paid in full, less than full
disbursement of the maximum authorized amount of the Local Bond shall not postpone the due
date of any semi-annual installment due on the Local Bond, or change the amount of such
installment. If any installment of principal of or the Cost of Funds, if any, on any of the Local
Bonds is not paid within ten (10) days after its due date, the Borrower agrees to pay the
Authority a late payment charge in an amount equal to five percent (5.0%) of the overdue
installment on such Local Bonds.
Section 6.2, Payment of Additional Payments, In addition to the payments of
principal of and Cost of Funds, if any, on the Local Bonds, the Borrower agrees to pay on
demand of the Authority the following Additional Payments:
(1) The costs of the Fund, the Authority, the Department or the Board
in connection with the enforcement of this Agreement, including the reasonable
fees and expenses of any attorneys used by any of them; and
(2) All expenses, including reasonable attorneys’ fees, relating to any
amendments, waivers, consents or collection or enforcement proceedings pursuant
to the provisions hereof.
The Borrower agrees to pay interest on any Additional Payments enumerated in (1) or (2)
above not received by the Authority within ten (10) days after demand therefor at a rate of five
percent (5.0%) per annum of the overdue installment from its due date until the date it is paid.
ARTICLE VII
PREPAYMENTS
Section 7.1. Prepayment of Local Bonds.  At its option and after giving at least ten
(10) days’ written notice to the Authority, the Borrower may prepay the Local Bonds at any time,
in whole or in part and without penalty.  Such written notice shall specify the date on which the
Borrower will make such prepayment and whether the Local Bonds will be prepaid in full or in
part, and if in part, the principal amount to be prepaid.  Any such partial prepayment shall be
applied against the principal amount outstanding under the Local Bonds but shall not postpone
the due date of any subsequent payment on the Local Bonds, or change the amount of such
installment, unless the Borrower and the Authority agree otherwise in writing.
ARTICLE VIII
OWNERSHIP, OPERATION AND USE OF SYSTEM
Section 8.1. Ownership and Operation of Project and System.  Except as may
otherwise be approved by the Authority or permitted by the terms hereof, the Project and the
System at all times shall be owned by the Borrower and shall not be operated or controlled by
any other entity or person.
Section 8.2. Maintenance.  At its own cost and expense, the Borrower shall operate
the System in a proper, sound and economical manner and in compliance with all legal
requirements, shall maintain the System in good repair and operating condition and from time to
time shall make all necessary repairs, renewals and replacements.
Section 8.3. Additions and Modifications.  At its own expense, the Borrower from
time to time may make any additions, modifications or improvements to the System which it
deems desirable and which do not materially reduce the value of the System or the structural or
operational integrity of any part of the System, provided that all such additions, modifications or
improvements comply with all applicable federal, state and local laws, rules, regulations, orders,
permits, authorizations and requirements.  All such renewals, replacements, additions, modifi-
cations and improvements shall become part of the System.
Section 8.4. Use of System.  The Borrower shall comply with all lawful requirements
of any governmental authority regarding the System, whether now existing or subsequently
enacted, whether foreseen or unforeseen or whether involving any change in governmental
(2) Allexpenses, including reasonable attorneys’ fees, relating to any
amendments, waivers, consents or collection or enforcement proceedings pursuant
to the provisions hereof.
The Borrower agrees to pay interest on any Additional Payments enumerated in (1) or (2)
above not received by the Authority within ten (10) days after demand therefor at a rate of five
percent (5.0%) per annum of the overdue installment from its due date until the date it is paid.
ARTICLE VII
PREPAYMENTS
Section 7.1. Prepayment of Local Bonds. At its option and after giving at least ten
(10) days’ written notice to the Authority, the Borrower may prepay the Local Bonds at any time,
in whole or in part and without penalty. Such written notice shall specify the date on which the
Borrower will make such prepayment and whether the Local Bonds will be prepaid in full or in
part, and if in part, the principal amount to be prepaid. Any such partial prepayment shall be
applied against the principal amount outstanding under the Local Bonds but shall not postpone
the due date of any subsequent payment on the Local Bonds, or change the amount of such
installment, unless the Borrower and the Authority agree otherwise in writing.
ARTICLE VIII
OWNERSHIP, OPERATION AND USE OF SYSTEM.
Section 8.1. Ownership and Operation of Project and System. Except as may
otherwise be approved by the Authority or permitted by the terms hereof, the Project and the
System at all times shall be owned by the Borrower and shall not be operated or controlled by
any other entity or person.
Section 8.2. Maintenance. At its own cost and expense, the Borrower shall operate
the System in a proper, sound and economical manner and in compliance with all legal
requirements, shall maintain the System in good repair and operating condition and from time to
time shall make all necessary repairs, renewals and replacements.
Section 8.3. Additions and Modifications. At its own expense, the Borrower from
time to time may make any additions, modifications or improvements to the System which it
deems desirable and which do not materially reduce the value of the System or the structural or
operational integrity of any part of the System, provided that all such additions, modifications or
improvements comply with all applicable federal, state and local laws, rules, regulations, orders,
permits, authorizations and requirements. All such renewals, replacements, additions, modifi-
cations and improvements shall become part of the System.
Section 8.4, Use of System. The Borrower shall comply with all lawful requirements
of any governmental authority regarding the System, whether now existing or subsequently
enacted, whether foreseen or unforeseen or whether involving any change in governmental
policy or requiring structural, operational and other changes to the System, irrespective of the
cost of making the same.
Section 8.5. Inspection of System and Borrower’s Books and Records.  The
Authority and the Board and their duly authorized representatives and agents shall have such
reasonable rights of access to the System as may be necessary to determine whether the
Borrower is in compliance with the requirements of this Agreement and shall have the right at all
reasonable times and upon reasonable prior notice to the Borrower to examine and copy the
books and records of the Borrower insofar as such books and records relate to the System.
Section 8.6. Ownership of Land.  The Borrower shall not construct, reconstruct or
install any part of the System on lands other than those which the Borrower owns or can acquire
title to or a perpetual easement over, in either case sufficient for the Borrower’s purposes, unless
such part of the System is lawfully located in a public street or highway or is a main, conduit,
pipeline, main connection or facility located on land in which the Borrower has acquired a right
or interest less than a fee simple or perpetual easement and such lesser right or interest has been
approved by written opinion of counsel to the Borrower as sufficient for the Borrower’s
purposes.
Section 8.7. Sale or Encumbrance.  No part of the System shall be sold, exchanged,
leased, mortgaged, encumbered or otherwise disposed of except as provided in any one of the
following subsections, or as may be otherwise consented and agreed to by the Authority in
writing:
(a) The Borrower may grant easements, licenses or permits across, over or
under parts of the System for streets, roads and utilities as will not adversely affect the use of the
System;
(b) The Borrower may sell or otherwise dispose of property constituting part
of the System if it uses the proceeds of such disposition and any other necessary funds to replace
such property with property serving the same or a similar function; and
© The Borrower may sell or otherwise dispose of property constituting part
of the System; provided, however, (i) no such property shall be sold or otherwise disposed of
unless there is filed with the Authority a certificate of the Borrower, signed by an Authorized
Representative, stating that such property is no longer needed or useful in the operation of the
System, and, if the proceeds of such sale or disposition, together with the aggregate value of any
other property sold or otherwise disposed of during the Fiscal Year, shall exceed $125,000, there
shall also be filed with the Borrower and the Authority a certificate of the Consulting Engineer
stating that such property is not necessary or useful to the operation of the System, and (ii) the
proceeds to be received from any sale or disposition shall be applied first to cure any default that
may exist in the payment of the principal of and Cost of Funds, if any, on the Local Bonds, and
then, if such property constitutes part of the Project, to the prepayment of the Local Bonds under
Article VII hereof.
policy or requiring structural, operational and other changes to the System, irrespective of the
cost of making the same.
Section 8.5. Inspection of System and Borrower’s Books and Records. The
Authority and the Board and their duly authorized representatives and agents shall have such
reasonable rights of access to the System as may be necessary to determine whether the
Borrower is in compliance with the requirements of this Agreement and shall have the right at all
reasonable times and upon reasonable prior notice to the Borrower to examine and copy the
books and records of the Borrower insofar as such books and records relate to the System.
Section 8.6. Ownership of Land. The Borrower shall not construct, reconstruct or
install any part of the System on lands other than those which the Borrower owns or can acquire
title to or a perpetual easement over, in either case sufficient for the Borrower’s purposes, unless
such part of the System is lawfully located in a public street or highway or is a main, conduit,
pipeline, main connection or facility located on land in which the Borrower has acquired a right
or interest less than a fee simple or perpetual easement and such lesser right or interest has been
approved by written opinion of counsel to the Borrower as sufficient for the Borrower’s
purposes.
Section 8.7. Sale or Encumbranee. No part of the System shall be sold, exchanged,
leased, mortgaged, encumbered or otherwise disposed of except as provided in any one of the
following subsections, or as may be otherwise consented and agreed to by the Authority in
writing
(a) The Borrower may grant easements, licenses or permits across, over or
under parts of the System for streets, roads and utilities as will not adversely affect the use of the
System;
(b) The Borrower may sell or otherwise dispose of property constituting part
of the System if it uses the proceeds of such disposition and any other necessary funds to replace
such property with property serving the same or a similar function; and
(©) The Borrower may sell or otherwise dispose of property constituting part
of the System; provided, however, (i) no such property shall be sold or otherwise disposed of
unless there is filed with the Authority a certificate of the Borrower, signed by an Authorized
Representative, stating that such property is no longer needed or useful in the operation of the
System, and, if the proceeds of such sale or disposition, together with the aggregate value of any
other property sold or otherwise disposed of during the Fiscal Year, shall exceed $125,000, there
shall also be filed with the Borrower and the Authority a certificate of the Consulting Engineer
stating that such property is not necessary or useful to the operation of the System, and (ii) the
proceeds to be received from any sale or disposition shall be applied first to cure any default that
may exist in the payment of the principal of and Cost of Funds, if any, on the Local Bonds, and
then, if such property constitutes part of the Project, to the prepayment of the Local Bonds under
Article VII hereof.
Section 8.8. Collection of Revenues.  The Borrower shall use its best efforts to collect
all rates, fees and other charges due to it, including, when appropriate, by perfecting liens on
premises served by the System for the amount of all delinquent rates, fees and other charges
where such action is permitted by law.  The Borrower shall, to the full extent permitted by law,
discontinue and shut off, or cause to be discontinued and shut off, services and facilities of the
System, and use its best efforts to cause to be shut off water service furnished otherwise than
through the System, to customers of the System who are delinquent beyond any customary grace
periods in the payment of rates, fees and other charges due to the Borrower.
Section 8.9. No Free Service.  The Borrower shall not permit connections with or the
use of the System, or furnish any services afforded by the System, without making a charge
therefor based on the Borrower’s uniform schedule of rates, fees and charges.
Section 8.10. No Competing Service.  The Borrower shall not provide, grant any
franchise to provide or give consent for anyone else to provide, any services which would
compete with the System.
Section 8.11. Mandatory Connection.  The Borrower shall, consistent with applicable
law, require the owner, tenant or occupant of each lot or parcel of land which is served or may
reasonably be served by the System and upon which lot or parcel a building shall have been
constructed for residential, commercial or industrial use, to connect such building to the System;
provided, however, the Borrower may permit the continued use of private systems, meeting the
standards of the Board, by any such building already in existence at the time the services of the
System become available to it upon such conditions as may be specified by the Borrower.
Section 8.12. Lawful Charges.  The Borrower shall pay when due all taxes, fees,
assessments, levies and other governmental charges of any kind whatsoever (collectively, the
“Governmental Charges”) which are (i) assessed, levied or imposed against the System or the
Borrower’s interest in it, or (ii) incurred in the operation, maintenance, use and occupancy of the
System.  The Borrower shall pay or cause to be discharged, or shall make adequate provision to
pay or discharge, all lawful claims and demands for labor, materials, supplies or other objects
which, if unpaid, might by law become a lien upon all or any part of the System or the Revenues
(collectively, the “Mechanics’ Charges”).  The Borrower, however, after giving the Authority ten
(10) days’ notice of its intention to do so, at its own expense and in its own name, may contest in
good faith any Governmental Charges or Mechanics’ Charges.  If such a contest occurs, the
Borrower may permit the same to remain unpaid during the period of the contest and any
subsequent appeal unless, in the reasonable opinion of the Authority, such action may impair the
lien on Revenues granted by this Agreement, in which event, such Governmental Charges or
Mechanics’ Charges promptly shall be satisfied or secured by posting with the Authority or an
appropriate court a bond in form and amount reasonably satisfactory to the Authority.  Upon
request, the Borrower shall furnish to the Authority proof of payment of all Governmental
Charges and the Mechanics’ Charges required to be paid by the Borrower under this Agreement.
Section 8.13.  Operating Budget.  The Borrower agrees to include a reserve in the
amount of $300,000 in the Annual Budget for each of the fiscal years ending June 30, 2021
through June 30, 2022.
Section 8.8. Collection of Revenues. The Borrower shall use its best efforts to collect
all rates, fees and other charges due to it, including, when appropriate, by perfecting liens on
premises served by the System for the amount of all delinquent rates, fees and other charges
where such action is permitted by law. The Borrower shall, to the full extent permitted by law,
discontinue and shut off, or cause to be discontinued and shut off, services and facilities of the
System, and use its best efforts to cause to be shut off water service furnished otherwise than
through the System, to customers of the System who are delinquent beyond any customary grace
periods in the payment of rates, fees and other charges due to the Borrower.
Section 8.9. No Free Service. The Borrower shall not permit connections with or the
use of the System, or furnish any services afforded by the System, without making a charge
therefor based on the Borrower’s uniform schedule of rates, fees and charges.
Section 8.10. No Competing Service. The Borrower shall not provide, grant any
franchise to provide or give consent for anyone else to provide, any services which would
compete with the System.
Section 8.11. Mandatory Connection, The Borrower shall, consistent with applicable
law, require the owner, tenant or occupant of each lot or parcel of land which is served or may
reasonably be served by the System and upon which lot or parcel a building shall have been
constructed for residential, commercial or industrial use, to connect such building to the System;
provided, however, the Borrower may permit the continued use of private systems, meeting the
standards of the Board, by any such building already in existence at the time the services of the
System become available to it upon such conditions as may be specified by the Borrower.
Section 8.12. Lawful Charges. The Borrower shall pay when due all taxes, fees,
assessments, levies and other governmental charges of any kind whatsoever (collectively, the
“Governmental Charges”) which are (i) assessed, levied or imposed against the System or the
Borrower’s interest in it, or (ii) incurred in the operation, maintenance, use and occupancy of the
System, The Borrower shall pay or cause to be discharged, or shall make adequate provision to
pay or discharge, all lawful claims and demands for labor, materials, supplies or other objects
which, if unpaid, might by law become a lien upon all or any part of the System or the Revenues
(collectively, the “Mechanics” Charges”). The Borrower, however, after giving the Authority ten
(10) days’ notice of its intention to do so, at its own expense and in its own name, may contest in
good faith any Governmental Charges or Mechanics’ Charges. If such a contest occurs, the
Borrower may permit the same to remain unpaid during the period of the contest and any
subsequent appeal unless, in the reasonable opinion of the Authority, such action may impair the
lien on Revenues granted by this Agreement, in which event, such Governmental Charges or
Mechanics’ Charges promptly shall be satisfied or secured by posting with the Authority or an
appropriate court a bond in form and amount reasonably satisfactory to the Authority. Upon
request, the Borrower shall furnish to the Authority proof of payment of all Governmental
Charges and the Mechanics’ Charges required to be paid by the Borrower under this Agreement.
Section 8.13. Operating Budget. The Borrower agrees to include a reserve in the
amount of $300,000 in the Annual Budget for each of the fiscal years ending June 30, 2021
through June 30, 2022.
Section 8.14. Operating Reserve. (a)  There is hereby established the “Russell County
PSA Operating Reserve Fund” (the “Operating Reserve Fund”) to be held by the Borrower in a
separate and segregated account.  Until the principal of and Cost of Funds on the Local Bond and
the Existing Parity Bonds and all amounts payable pursuant to this Agreement have been paid or
provided for in full, the Borrower agrees to deposit in the Operating Reserve Fund the following
amounts on the dates provided for below:
(i) On the Closing Date, the amount of $________ from the Borrower’s
available funds (the “Initial Required Operating Reserve”).
(ii) On or before June 30, 2023, an amount that equals the Required Operating
Reserve (as defined below), taking into account the deposit of the Initial Required Operating
Reserve.
(iii) To the extent there is any deficiency in the Operating Reserve Fund due to
an increase in the prior Fiscal Year’s Operation and Maintenance Expense, in the next Fiscal
Year an amount equal to such deficiency, such that by the end of the next Fiscal Year the
Operating Reserve Fund shall hold the Required Operating Reserve.
(iv) To the extent funds are drawn from the Operating Reserve Fund for the
payment of Authorized Expenses (as defined below), commencing in the next Fiscal Year and
continuing in each Fiscal Year thereafter until the deficiency is eliminated, an amount equal to
one-third of the amount of such deficiency, such that by the end of the third Fiscal Year
following the payment of the Authorized Expenses the Operating Reserve Fund shall hold the
Required Operating Reserve.
“Required Operating Reserve” means an amount that equals $450,000.
(b) Except as set forth in subsection (d) below, amounts in the Operating Reserve
Fund may only be disbursed, upon written notice to the Authority for amounts up to $50,000 and
upon the written consent of the Authority for the remainder of the Required Operating Reserve,
to pay extraordinary maintenance or repair expenses related to the operation of the System to the
extent available funds, including cash or other reserves, of the Borrower are insufficient to pay
such expenses (the “Authorized Expenses”).
© Failure to deposit the Required Operating Reserve under subsections (a)(i) and (ii)
above or failure to replenish any deficiency in the Operating Reserve Fund under subsections
(a)(iii) and (iv) above in the time specified shall constitute an Event of Default under Section
11.1.  The Authority shall have no obligation to disburse any Local Bond Proceeds if the
Borrower has not satisfied the provisions contained in this Section.
(d) Any amounts in the Operating Reserve Fund, including investment earnings
thereon, in excess of the Required Operating Reserve shall be transferred to the Borrower as of
the end of each Fiscal Year; provided, that if an Event of Default has occurred and is continuing,
such amounts shall be maintained in the Operating Reserve Fund.  Unless the Authority agrees
Section 8.14. Operating Reserve. (a) There is hereby established the “Russell County
PSA Operating Reserve Fund” (the “Operating Reserve Fund”) to be held by the Borrower in a
separate and segregated account. Until the principal of and Cost of Funds on the Local Bond and
the Existing Parity Bonds and all amounts payable pursuant to this Agreement have been paid or
provided for in full, the Borrower agrees to deposit in the Operating Reserve Fund the following
amounts on the dates provided for below:
i On the Closing Date, the amount of $ from the Borrower’s
available funds (the “Initial Required Operating Reserve").
ii On or before June 30, 2023. an amount that equals the Required Operating
Reserve (as defined below), taking into account the deposit of the Initial Required Operatin:
Reserve.
(iii) __To the extent there is any deficiency in the Operating Reserve Fund due to
an increase in the prior Fiscal Year’s Operation and Maintenance Expense, in the next Fiscal
Year an amount equal to such deficiency, such that by the end of the next Fiscal Year the
Operating Reserve Fund shall hold the Required Operating Reserve.
(iv) __ To the extent funds are drawn from the Operating Reserve Fund for the
payment of Authorized Expenses (as defined below), commencing in the next Fiscal Year and
continuing in each Fiscal Year thereafter until the deficiency is eliminated, an amount equal to
one-third of the amount of such deficiency, such that by the end of the third Fiscal Year
following the payment of the Authorized Expenses the Operating Reserve Fund shall hold the
Required Operating Reserve.
“Required Operating Reserve” means an amount that equals $450,000.
b Except as set forth in subsection (d) below, amounts in the Operating Reserve
Fund may only be disbursed, upon written notice to the Authority for amounts up to $50,000 and
upon the written consent of the Authority for the remainder of the Required Operating Reserve,
to pay extraordinary maintenance or repair expenses related to the operation of the System to the
extent available funds, including cash or other reserves, of the Borrower are insufficient to pay
such expenses (the “Authorized Expenses”).
G Failure to deposit the Required Operating Reserve under subsections (a)(i) and (ii)
above or failure to replenish any deficiency in the Operating Reserve Fund under subsections
(a)(iii) and (iv) above in the time specified shall constitute an Event of Default under Section
11.1. The Authority shall have no obligation to disburse any Local Bond Proceeds if the
Borrower has not satisfied the provisions contained in this Section.
d) Any amounts in the Operating Reserve Fund, including investment earnings
thereon, in excess of the Required Operating Reserve shall be transferred to the Borrower as of
the end of cach Fiscal Year; provided, that if an Event of Default has occurred and is continuing,
such amounts shall be maintained in the Operating Reserve Fund. Unless the Authority agrees
otherwise, the Borrower shall deposit or invest, as appropriate, monies in the Operating Reserve
Fund, as the Borrower may direct in writing, in accounts covered and secured under the Virginia
Security for Public Deposits Act (Chapter 44, Title 2.2, Code of Virginia of 1950, as amended),
or in a “Permitted Investments” (as defined below), with a term of not more than five years.

“Permitted Investments” are (a) bonds, notes and other direct obligations of the United States of
America, (b) securities unconditionally guaranteed as to the timely payment of principal, if
applicable, and interest by the United States of America, © bonds, notes and other obligations of
any agency of the United States of America unconditionally guaranteed as to the timely payment
of principal and interest by the United States of America, or (d) obligations of Federal Home
Loan Banks and obligations of Federal Farm Credit Banks.
(e) The Borrower’s obligations to make deposits under subsection (a) above and to
make payments as scheduled under the Local Bond shall not be discharged in whole or in part by
any transfer made by the Borrower from the Operating Reserve Fund.
(f) The Authority and the Borrower acknowledge that the Operating Reserve Fund is
being established and maintained for the benefit of the System.
ARTICLE IX
INSURANCE, DAMAGE AND DESTRUCTION
Section 9.1. Insurance.  Unless the Authority otherwise agrees in writing, the
Borrower continuously shall maintain or cause to be maintained insurance against such risks as
are customarily insured against by public bodies operating systems similar in size and character
to the System, including, without limitation:
(a) Insurance in the amount of the full replacement cost of the System’s
insurable portions against loss or damage by fire and lightning, with broad form extended
coverage endorsements covering damage by windstorm, explosion, aircraft, smoke, sprinkler
leakage, vandalism, malicious mischief and such other risks as are normally covered by such
endorsements (limited only as may be provided in the standard form of such endorsements at the
time in use in Virginia); provided that during the construction of the Project, the Borrower may
provide or cause to be provided, in lieu of the insurance in the amount of the full replacement
cost of the Project, builders’ risk or similar types of insurance in the amount of the full
replacement cost thereof.  The determination of replacement cost shall be made by a recognized
appraiser or insurer selected by the Borrower and reasonably acceptable to the Authority.
(b) Comprehensive general liability insurance with a combined single limit of
$2,000,000 per year against liability for bodily injury, including death resulting therefrom, and
for damage to property, including loss of use thereof, arising out of the ownership, maintenance,
operation or use of the System.
© Unless the Borrower qualifies as a self-insurer under the laws of Virginia,
workers’ compensation insurance.
otherwise, the Borrower shall deposit or invest, as appropriate, monies in the Operating Reserve
Fund, as the Borrower may direct in writing, in accounts covered and secured under the Virginia
Security for Public Deposits Act (Chapter 44, Title 2.2, Code of Virginia of 1950, as amended),
or in a “Permitted Investments” (as defined below). with a term of not more than five years.
“Permitted Investments” are (a) bonds, notes and other direct obligations of the United States of
America, (b) securities unconditionally guaranteed as to the timely payment of principal, if
applicable, and interest by the United States of America, © bonds, notes and other obligations of
any agency of the United States of America unconditionally guaranteed as to the timely payment
of principal and interest by the United States of America, or (d) obligations of Federal Home
Loan Banks and obligations of Federal Farm Credit Banks.
G The Borrower’s obligations to make deposits under subsection (a) above and to
make payments as scheduled under the Local Bond shall not be discharged in whole or in part by
any transfer made by the Borrower from the Operating Reserve Fund.
(f)___The Authority and the Borrower acknowledge that the Operating Reserve Fund is
being established and maintained for the benefit of the System.
ARTICLE IX
INSURANCE, DAMAGE AND DESTRUCTION
Section 9.1. Insurance. Unless the Authority otherwise agrees in writing, the
Borrower continuously shall maintain or cause to be maintained insurance against such risks as
are customarily insured against by public bodies operating systems similar in size and character
to the System, including, without limitation:
(a) Insurance in the amount of the full replacement cost of the System’s
insurable portions against loss or damage by fire and lightning, with broad form extended
coverage endorsements covering damage by windstorm, explosion, aircraft, smoke, sprinkler
leakage, vandalism, malicious mischief and such other risks as are normally covered by such
endorsements (limited only as may be provided in the standard form of such endorsements at the
time in use in Virginia); provided that during the construction of the Project, the Borrower may
provide or cause to be provided, in licu of the insurance in the amount of the full replacement
cost of the Project, builders” risk or similar types of insurance in the amount of the full
replacement cost thereof. The determination of replacement cost shall be made by a recognized
appraiser or insurer selected by the Borrower and reasonably acceptable to the Authority.
(b) Comprehensive general liability insurance with a combined single limit of
$2,000,000 per year against liability for bodily injury, including death resulting therefrom, and
for damage to property, including loss of use thereof, arising out of the ownership, maintenance,
operation or use of the System.
(©) __ Unless the Borrower qualifies as a self-insurer under the laws of Virginia,
workers’ compensation insurance.
The Authority shall not have any responsibility or obligation with respect to (i) the
procurement or maintenance of insurance or the amounts or the provisions with respect to
policies of insurance, or (ii) the application of the proceeds of insurance.
The Borrower shall provide no less often than annually and upon the written request of
the Authority a certificate or certificates of the respective insurers evidencing the fact that the
insurance required by this Section is in full force and effect.
Section 9.2. Requirements of Policies.  All insurance required by Section 9.1 shall be
maintained with generally recognized, responsible insurance companies selected by the
Borrower and reasonably acceptable to the Authority.  Such insurance may be written with
deductible amounts comparable to those on similar policies carried by other utility systems of
like size and character to the System and shall contain an undertaking by the insurer that such
policy shall not be modified adversely to the interests of, or canceled without at least thirty (30)
days’ prior notice to, the Authority.  If any such insurance is not maintained with an insurer
licensed to do business in Virginia or placed pursuant to the requirements of the Virginia Surplus
Lines Insurance Law (Chapter 48, Title 38.2, Code of Virginia of 1950, as amended) or any
successor provision of law, the Borrower shall provide evidence reasonably satisfactory to the
Authority that such insurance is enforceable under Virginia law.
Section 9.3. Notice of Damage, Destruction and Condemnation.  In the case of
(i) any damage to or destruction of any material part of the System, (ii) a taking of all or any part
of the System or any right therein under the exercise of the power of eminent domain, (iii) any
loss of the System because of failure of title, or (iv) the commencement of any proceedings or
negotiations which might result in such a taking or loss, the Borrower shall give prompt notice
thereof to the Authority describing generally the nature and extent of such damage, destruction,
taking, loss, proceedings or negotiations.
Section 9.4. Damage and Destruction.  If all or any part of the System is destroyed or
damaged by fire or other casualty, and the Borrower shall not have exercised its option to prepay
in full the Local Bonds pursuant to Article VII, the Borrower shall restore promptly the property
damaged or destroyed to substantially the same condition as before such damage or destruction,
with such alterations and additions as the Borrower may determine and which will not impair the
capacity or character of the System for the purpose for which it then is being used or is intended
to be used.  The Borrower may apply so much as may be necessary of the Net Proceeds of
insurance received on account of any such damage or destruction to payment of the cost of such
restoration, either on completion or as the work progresses.  If such Net Proceeds are not
sufficient to pay in full the cost of such restoration, the Borrower shall pay so much of the cost as
may be in excess of such Net Proceeds.  If the Net Proceeds are derived from property
constituting part of the Project, any balance of such Net Proceeds remaining after payment of the
cost of such restoration shall promptly be applied to prepayment of the Local Bonds pursuant to
Article VII.
Section 9.5. Condemnation and Loss of Title.  If title to or the temporary use of all or
any part of the System shall be taken under the exercise of the power of eminent domain or lost
because of failure of title, and the Borrower shall not have exercised its option to prepay in full
The Authority shall not have any responsibility or obligation with respect to (i) the
procurement or maintenance of insurance or the amounts or the provisions with respect to
policies of insurance, or (ii) the application of the proceeds of insurance.
The Borrower shall provide no less often than annually and upon the written request of
the Authority a certificate or certificates of the respective insurers evidencing the fact that the
insurance required by this Section is in full force and effect.
Section 9.2. Requirements of Policies. All insurance required by Section 9.1 shall be
maintained with generally recognized, responsible insurance companies selected by the
Borrower and reasonably acceptable to the Authority. Such insurance may be written with
deductible amounts comparable to those on similar policies carried by other utility systems of
like size and character to the System and shall contain an undertaking by the insurer that such
policy shall not be modified adversely to the interests of, or canceled without at least thirty (30)
days’ prior notice to, the Authority. If any such insurance is not maintained with an insurer
licensed to do business in Virginia or placed pursuant to the requirements of the Virginia Surplus
Lines Insurance Law (Chapter 48, Title 38.2, Code of Virginia of 1950, as amended) or any
successor provision of law, the Borrower shall provide evidence reasonably satisfactory to the
Authority that such insurance is enforceable under Virginia law.
Section 9.3. Notice of Damage, Destruction and Condemnation. In the case of
(i) any damage to or destruction of any material part of the System, (ii) a taking of all or any part
of the System or any right therein under the exercise of the power of eminent domain, (iii) any
loss of the System because of failure of title, or (iv) the commencement of any proceedings or
negotiations which might result in such a taking or loss, the Borrower shall give prompt notice
thereof to the Authority describing generally the nature and extent of such damage, destruction,
taking, loss, proceedings or negotiations
Section 9.4. Damage and Destruction. If all or any part of the System is destroyed or
damaged by fire or other casualty, and the Borrower shall not have exercised its option to prepay
in full the Local Bonds pursuant to Article VII, the Borrower shall restore promptly the property
damaged or destroyed to substantially the same condition as before such damage or destruction,
with such alterations and additions as the Borrower may determine and which will not impair the
capacity or character of the System for the purpose for which it then is being used or is intended
to be used. The Borrower may apply so much as may be necessary of the Net Proceeds of
insurance received on account of any such damage or destruction to payment of the cost of such
restoration, either on completion or as the work progresses. If such Net Proceeds are not
sufficient to pay in full the cost of such restoration, the Borrower shall pay so much of the cost as
may be in excess of such Net Proceeds. If the Net Proceeds are derived from property
constituting part of the Project, any balance of such Net Proceeds remaining after payment of the
cost of such restoration shall promptly be applied to prepayment of the Local Bonds pursuant to
Article VIL.
Section 9.5. Condemnation and Loss of Title. If title to or the temporary use of all or
any part of the System shalll be taken under the exercise of the power of eminent domain or lost
because of failure of title, and the Borrower shall not have exercised its option to prepay in full
the Local Bonds pursuant to Article VII, the Borrower shall cause the Net Proceeds from any
such condemnation award or from title insurance to be applied to the restoration of the System to
substantially its condition before the exercise of such power of eminent domain or failure of title.

If such Net Proceeds are not sufficient to pay in full the cost of such restoration, the Borrower
shall pay so much of the cost as may be in excess of such Net Proceeds.  If the Net Proceeds are
derived from property constituting part of the Project, any balance of such Net Proceeds
remaining after payment of the cost of such restoration shall promptly be applied to prepayment
of the Local Bonds pursuant to Article VII.
ARTICLE X
SPECIAL COVENANTS
Section 10.1. Maintenance of Existence.  The Borrower shall maintain its existence as
a “local government” (as defined in the Act) of the Commonwealth of Virginia and, without
consent of the Authority and the Board, shall not dissolve or otherwise dispose of all or
substantially all of its assets or consolidate or merge with or into another entity.  Notwithstanding
the foregoing, the Borrower may consolidate or merge with or into, or sell or otherwise transfer
all or substantially all of its assets to a political subdivision of the Commonwealth of Virginia,
and the Borrower thereafter may dissolve, if the surviving, resulting or transferee political
subdivision, if other than the Borrower, assumes, in written form acceptable to the Authority and
the Board, all of the obligations of the Borrower contained in the Local Bonds and this
Agreement, and there is furnished to the Authority and the Board an Opinion of Counsel
acceptable to the Authority and the Board subject to customary exceptions and qualifications, to
the effect that such assumption constitutes the legal, valid and binding obligation of the
surviving, resulting or transferee political subdivision enforceable against it in accordance with
its terms.
Section 10.2. Financial Records and Statements.  The Borrower shall maintain proper
books of record and account in which proper entries shall be made in accordance with generally
accepted government accounting standards, consistently applied, of all its business and affairs
related to the System.  The Borrower shall have an annual audit of the financial condition of the
Borrower (and at the reasonable request of the Authority, of the System) made by an independent
certified public accountant, within one hundred and eighty (180) days after the end of each Fiscal
Year.  The annual audit shall include a supplemental schedule demonstrating whether the Borrower
during such Fiscal Year satisfied the Rate Covenant.  The Borrower shall furnish to the Authority
copies of such report immediately after it is accepted by the Borrower.  Such report shall include
statements in reasonable detail, certified by such accountant, reflecting the Borrower’s financial
position as of the end of such Fiscal Year and the results of the Borrower’s operations and
changes in the financial position of its funds for the Fiscal Year.
Section 10.3. Certificate as to No Default.  The Borrower shall deliver to the
Authority, within one hundred and eighty (180) days after the close of each Fiscal Year, a
certificate signed by an Authorized Representative stating that, during such year and as of the
date of such certificate, no event or condition has happened or existed, or is happening or
existing, which constitutes an Event of Default or a Default, or if such an event or condition has
the Local Bonds pursuant to Article VII, the Borrower shalll cause the Net Proceeds from any
such condemnation award or from title insurance to be applied to the restoration of the System to
substantially its condition before the exercise of such power of eminent domain or failure of title.
If such Net Proceeds are not sufficient to pay in full the cost of such restoration, the Borrower
shall pay so much of the cost as may be in excess of such Net Proceeds. If the Net Proceeds are
derived from property constituting part of the Project, any balance of such Net Proceeds
remaining after payment of the cost of such restoration shall promptly be applied to prepayment
of the Local Bonds pursuant to Article VIL
ARTICLE X
SPECIAL COVENANTS
Section 10.1. Maintenance of Existence, The Borrower shall maintain its existence as
“local government” (as defined in the Act) of the Commonwealth of Virginia and, without
consent of the Authority and the Board, shall not dissolve or otherwise dispose of all or
substantially all of its assets or consolidate or merge with or into another entity. Notwithstanding
the foregoing, the Borrower may consolidate or merge with or into, or sell or otherwise transfer
all or substantially all of its assets to a political subdivision of the Commonwealth of Virginia,
and the Borrower thereafter may dissolve, if the surviving, resulting or transferee political
subdivision, if other than the Borrower, assumes, in written form acceptable to the Authority and
the Board, all of the obligations of the Borrower contained in the Local Bonds and this
Agreement, and there is furnished to the Authority and the Board an Opinion of Counsel
acceptable to the Authority and the Board subject to customary exceptions and qualifications, to
the effect that such assumption constitutes the legal, valid and binding obligation of the
surviving, resulting or transferee political subdivision enforceable against it in accordance with
its terms.
Section 10.2, Financial Records and Statements The Borrower shall maintain proper
books of record and account in which proper entries shall be made in accordance with generally
accepted government accounting standards, consistently applied, of all its business and affairs
related to the System. The Borrower shall have an annual audit of the financial condition of the
Borrower (and at the reasonable request of the Authority, of the System) made by an independent
certified public accountant, within one hundred and eighty (180) days after the end of each Fiscal
Year, The annual audit shall include a supplemental schedule demonstrating whether the Borrower
during such Fiscal Year satisfied the Rate Covenant. The Borrower shall furnish to the Authority
copies of such report immediately after it is accepted by the Borrower. Such report shall include
statements in reasonable detail, certified by such accountant, reflecting the Borrower’s financial
position as of the end of such Fiscal Year and the results of the Borrower’s operations and
changes in the financial position of its funds for the Fiscal Year.
Section 10.3. Certificate as to No Default. The Borrower shalll deliver to the
Authority, within one hundred and eighty (180) days after the close of each Fiscal Year, a
certificate signed by an Authorized Representative stating that, during such year and as of the
date of such certificate, no event or condition has happened or existed, or is happening or
existing, which constitutes an Event of Default or a Default, or if such an event or condition has
happened or existed, or is happening or existing, specifying the nature and period of such event
or condition and what action the Borrower has taken, is taking or proposes to take to rectify it.
Section 10.4. Additional Indebtedness.  The Borrower shall not incur any indebtedness
or issue any bonds, notes or other evidences of indebtedness secured by or payable from a pledge
of Revenues, except Subordinate Bonds or Parity Bonds.
Section 10.5. Parity Bonds.  Provided the Borrower is not in default hereunder, the
Borrower may issue bonds, notes or other evidences of indebtedness (“Parity Bonds”) ranking on
parity with the Local Bonds with respect to the pledge of Revenues to (i) pay Project Costs to
complete the Project, (ii) pay the cost of improvements, additions, extensions, replacements,
equipment or betterments and of any property, rights or easements deemed by the Borrower to be
necessary, useful or convenient for the System, (iii) refund some or all of the Local Bonds, Parity
Bonds or Existing Parity Bonds, or (iv) effect some combination of (i), (ii) and (iii); provided in
each case the following conditions are satisfied.  Except to the extent otherwise consented and
agreed to by the Authority in writing, before any Parity Bonds are issued or delivered, the
Borrower shall deliver to the Authority the following:
(a) Certified copies of all resolutions and ordinances of the Borrower
authorizing the issuance of the Parity Bonds.
(b) A certificate of an appropriate official of the Borrower setting forth the
purposes for which the Parity Bonds are to be issued and the manner in which the Borrower will
apply the proceeds from the issuance and sale of the Parity Bonds.
© If the Parity Bonds are authorized for any purpose other than the refunding
of the Local Bonds, Parity Bonds or Existing Parity Bonds, in form and substance satisfactory to the
Authority, a certificate of the Consulting Engineer , or with respect to subsection (iv)© below, a
certificate, including supporting documentation, of the Qualified Independent Consultant, to the
effect that in the opinion of the Consulting Engineer or Qualified Independent Consultant, as
applicable, (i) the improvements or property to which the proceeds from the issuance of the
Parity Bonds are to be applied will be a part of the System, (ii) the funds available to the
Borrower from the issuance of the Parity Bonds and other specified sources will be sufficient to
pay the estimated cost of such improvements or property, (iii) the period of time which will be
required to complete such improvements or acquire such property, and (iv) (A) the Parity Bond
proceeds are necessary to complete the Project, (B) the failure to make such improvements or
acquire or construct such property will result in an interruption or reduction of Revenues, or
© during the first two complete Fiscal Years following completion of the improvements or the
acquisition of the property financed with the proceeds of the Parity Bonds, the projected Net
Revenues Available for Debt Service (excluding any amounts made available by the County
pursuant to the Support Agreement) will equal at least 100% of the amount required during each
such Fiscal Year to pay any and all amounts due under the Local Bonds, this Agreement, the
Parity Bonds or Existing Parity Bonds, and all other indebtedness of the Borrower secured by or
payable from Revenues, including without limitation, indebtedness under leases which are
treated as capital leases under generally accepted accounting principles.  In providing this
certificate, as applicable, the Qualified Independent Consultant may take into consideration future
happened or existed, or is happening or existing, specifying the nature and period of such event
or condition and what action the Borrower has taken, is taking or proposes to take to rectify it.
Section 10.4. Additional Indebtedness. The Borrower shall not incur any indebtedness
or issue any bonds, notes or other evidences of indebtedness secured by or payable from a pledge
of Revenues, except Subordinate Bonds or Parity Bonds.
Section 10.5. Parity Bonds. Provided the Borrower is not in default hereunder, the
Borrower may issue bonds, notes or other evidences of indebtedness (“Parity Bonds”) ranking on
parity with the Local Bonds with respect to the pledge of Revenues to (i) pay Project Costs to
complete the Project, (ii) pay the cost of improvements, additions, extensions, replacements,
equipment or betterments and of any property, rights or easements deemed by the Borrower to be
necessary, useful or convenient for the System, (iii) refund some or all of the Local Bonds, Parity
Bonds or Existing Parity Bonds, or (iv) effect some combination of (i), (ii) and (iii); provided in
each case the following conditions are satisfied. Except to the extent otherwise consented and
agreed to by the Authority in writing, before any Parity Bonds are issued or delivered, the
Borrower shall deliver to the Authority the following:
(a) Certified copies of all resolutions and ordinances of the Borrower
authorizing the issuance of the Parity Bonds.
(b) A certificate of an appropriate official of the Borrower setting forth the
purposes for which the Parity Bonds are to be issued and the manner in which the Borrower will
apply the proceeds from the issuance and sale of the Parity Bonds.
(©) __ Ifthe Parity Bonds are authorized for any purpose other than the refunding
of the Local Bonds, Parity Bonds or Existing Parity Bonds, in form and substance satisfactory to the
‘Authority, a certificate of the Consulting Engineer-, or with respect to subsection (iv© below, a
certificate, including supporting documentation, of the Qualified Independent Consultant, to the
effect that in the opinion of the Consulting Engineer or Qualified Independent Consultant, as
applicable, (i) the improvements or property to which the proceeds from the issuance of the
Parity Bonds are to be applied will be a part of the System, (ii) the funds available to the
Borrower from the issuance of the Parity Bonds and other specified sources will be sufficient to
pay the estimated cost of such improvements or property, (iii) the period of time which will be
required to complete such improvements or acquire such property, and (iv) (A) the Parity Bond
proceeds are necessary to complete the Project, (B) the failure to make such improvements or
acquire or construct such property will result in an interruption or reduction of Revenues, or
© during the first two complete Fiscal Years following completion of the improvements or the
acquisition of the property financed with the proceeds of the Parity Bonds, the projected Net
Revenues Available for Debt Service (excluding any amounts made available by the County
pursuant to the Support Agreement) will equal at least 100% of the amount required during each
such Fiscal Year to pay any and all amounts due under the Local Bonds, this Agreement, the
Parity Bonds or Existing Parity Bonds, and all other indebtedness of the Borrower secured by or
payable from Revenues, including without limitation, indebtedness under leases which are
treated as capital leases under generally accepted accounting principles. In providing this
certificate, as applicable, the Qualified Independent Consultant may take into consideration future
System rate increases, provided that such rate increases have been duly approved by the governing
body of the Borrower and any other person and entity required to give approval for the rate increase
to become effective.  In addition, the Qualified Independent Consultant may take into consideration
additional future revenues of the System to be derived under then existing contractual agreements
entered into by the Borrower and from reasonable estimates of growth in the customer base of the
Borrower.
(d) If the Parity Bonds are authorized solely to refund the Local Bonds (with the
consent of the Authority), Existing Parity Bonds or Parity Bonds, either (i) a certificate, including
supporting documentation, of a Qualified Independent Consultant satisfactory to the Authority that
the refunding Parity Bonds will have annual debt service requirements in each of the years the Local
Bonds, Existing Parity Bonds or Parity Bonds to be refunded would have been outstanding which
are lower than the annual debt service requirements in each such year on the Local Bonds, Existing
Parity Bonds or Parity Bonds to be refunded, or (ii) a certificate, including supporting
documentation, of the Qualified Independent Consultant to the effect that during the first two
complete Fiscal Years following the issuance of the refunding Parity Bonds, the projected Net
Revenues Available for Debt Service (excluding any amounts made available by the County
pursuant to the Support Agreement) will equal at least 100% of the amount required during each
such Fiscal Year to pay any and all amounts due under the Local Bonds, this Agreement, the
Parity Bonds or Existing Parity Bonds, and all other indebtedness of the Borrower secured by or
payable from Revenues, including without limitation, indebtedness under leases which are
treated as capital leases under generally accepted accounting principles.  In providing the
certificate described in clause (ii), the Qualified Independent Consultant may take into account
the factors described in the last two sentences of subsection © of this Section.
(e) An Opinion of Counsel satisfactory to the Authority subject to customary
exceptions and qualifications, approving the form of the resolution authorizing the issuance of
the Parity Bonds and stating that its terms and provisions conform with the requirements of this
Agreement and that the certificates and documents delivered to the Authority constitute
compliance with the provisions of this Section.
Section 10.6. Further Assurances.  The Borrower shall to the fullest extent permitted
by law pass, make, do, execute, acknowledge and deliver such further resolutions, acts, deeds,
conveyances, assignments, transfers and assurances as may be necessary or desirable for the
better assuring, conveying, granting, assigning and confirming the rights, Revenues and other
funds pledged or assigned by this Agreement, or as may be required to carry out the purposes of
this Agreement.  The Borrower shall at all times, to the fullest extent permitted by law, defend,
preserve and protect the pledge of the Revenues and other funds pledged under this Agreement
and all rights of the Authority and the Board under this Agreement against all claims and
demands of all persons.
Section 10.7. Other Indebtedness.  The Borrower agrees to pay when due all amounts
required by any other bonded indebtedness and to perform all of its obligations in connection
therewith.
System rate increases, provided that such rate increases have been duly approved by the governing
body of the Borrower and any other person and entity required to give approval for the rate increase
to become effective. In addition, the Qualified Independent Consultant may take into consideration
additional future revenues of the System to be derived under then existing contractual agreements
entered into by the Borrower and from reasonable estimates of growth in the customer base of the
Borrower.
(4) Ifthe Parity Bonds are authorized solely to refund the Local Bonds (with the
consent of the Authority), Existing Parity Bonds or Parity Bonds, either (i) a certificate, including
supporting documentation, of a Qualified Independent Consultant satisfactory to the Authority that
the refunding Parity Bonds will have annual debt service requirements in each of the years the Local
Bonds, Existing Parity Bonds or Parity Bonds to be refunded would have been outstanding which
are lower than the annual debt service requirements in each such year on the Local Bonds, Existing
Parity Bonds or Parity Bonds to be refunded, or (ii) a certificate, including supporting
documentation, of the Qualified Independent Consultant to the effect that during the first two
complete Fiscal Years following the issuance of the refunding Parity Bonds, the projected Net
Revenues Available for Debt Service (excluding any amounts made available by the County
pursuant to the Support Agreement) will equal at least 100% of the amount required during each
such Fiscal Year to pay any and all amounts due under the Local Bonds, this Agreement, the
Parity Bonds or Existing Parity Bonds, and all other indebtedness of the Borrower secured by or
payable from Revenues, including without limitation, indebtedness under leases which are
treated as capital leases under generally accepted accounting principles. In providing the
certificate described in clause (ii), the Qualified Independent Consultant may take into account
the factors described in the last two sentences of subsection © of this Section.
(€) _ An Opinion of Counsel satisfactory to the Authority subject to customary
exceptions and qualifications, approving the form of the resolution authorizing the issuance of
the Parity Bonds and stating that its terms and provisions conform with the requirements of this
Agreement and that the certificates and documents delivered to the Authority constitute
compliance with the provisions of this Section.
Section 10.6. Further Assurances. The Borrower shall to the fullest extent permitted
by law pass, make, do, execute, acknowledge and deliver such further resolutions, acts, deeds,
conveyances, assignments, transfers and assurances as may be necessary or desirable for the
better assuring, conveying, granting, assigning and confirming the rights, Revenues and other
funds pledged or assigned by this Agreement, or as may be required to carry out the purposes of
this Agreement. The Borrower shall at all times, to the fullest extent permitted by law, defend,
preserve and protect the pledge of the Revenues and other funds pledged under this Agreement
and all rights of the Authority and the Board under this Agreement against all claims and
demands of all persons.
Section 10.7. Other Indebtedness. The Borrower agrees to pay when due all amounts
required by any other bonded indebtedness and to perform all of its obligations in connection
therewith.
Section 10.8. Assignment by Borrower.  The Borrower may not assign its rights under
this Agreement without the prior written consent of the Authority and the Board.  If the
Borrower desires to assign its rights under this Agreement to another “local government” (as
defined in the Act), the Borrower shall give notice of such fact to the Authority and the Board.  If
the Authority and the Board consent to the proposed assignment, the Borrower may proceed with
the proposed assignment, but such assignment shall not become effective until the Authority and
the Board are furnished (i) an assumption agreement in form and substance satisfactory to the
Authority and the Board by which the assignee agrees to assume all of the Borrower’s
obligations under the Local Bonds and this Agreement, and (ii) an Opinion of Counsel to the
assignee, subject to customary exceptions and qualifications, that the assumption agreement, the
Local Bonds and this Agreement constitute legal, valid and binding obligations of the assignee
enforceable against the assignee in accordance with their terms and that the assignment and
assumption comply in all respects with the provisions of this Agreement.  Notwithstanding the
foregoing, the assignment of the rights of the Borrower under the Local Bonds and this
Agreement or the assumption of the obligations thereunder by the assignee shall in no way be
construed as releasing the Borrower’s obligations.
Section 10.9. Davis-Bacon Act.  The Borrower agrees to comply with the Davis-Bacon
Act and related acts, as amended, with respect to the Project and require that all laborers and
mechanics employed by contractors and subcontractors for the Project shall be paid wages at
rates not less than those prevailing on projects of a similar character, as determined by the United
States Secretary of Labor in accordance with Section 1450(e) of the Safe Drinking Water Act
and related acts, as amended.
Section 10.10. American Iron and Steel.  The Borrower agrees to comply with all
federal requirements, including those imposed by the Consolidated Appropriations Act, 2014,
P.L. 113-76, and related Drinking Water State Revolving Fund Policy Guidelines, as amended
and supplemented and in effect from time to time, with respect to the Project.  Such requirements
include, among other things, that all iron and steel products used for the Project are to be
produced in the United States.  The term “iron and steel products” is defined to mean the
following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole
covers and  other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete and construction materials.
Section 10.11. Recordkeeping and Reporting.  The Borrower agrees to comply with all
recordkeeping and reporting requirements under the Safe Drinking Water Act and related acts, as
amended, including any reports required by a federal agency or the Authority, such as
performance indicators of program deliverables, information on costs and progress with respect
to the Project.  The Borrower acknowledges that each contract and subcontract related to the
Project is subject to audit by appropriate federal and state entities.
Section 10.8. Assignment by Borrower. The Borrower may not assign its rights under
this Agreement without the prior written consent of the Authority and the Board. If the
Borrower desires to assign its rights under this Agreement to another “local government” (as
defined in the Act), the Borrower shall give notice of such fact to the Authority and the Board. If
the Authority and the Board consent to the proposed assignment, the Borrower may proceed with
the proposed assignment, but such assignment shall not become effective until the Authority and
the Board are furnished (i) an assumption agreement in form and substance satisfactory to the
Authority and the Board by which the assignee agrees to assume all of the Borrower’s
obligations under the Local Bonds and this Agreement, and (ii) an Opinion of Counsel to the
assignee, subject to customary exceptions and qualifications, that the assumption agreement, the
Local Bonds and this Agreement constitute legal, valid and binding obligations of the assignee
enforceable against the assignee in accordance with their terms and that the assignment and
assumption comply in all respects with the provisions of this Agreement. Notwithstanding the
foregoing, the assignment of the rights of the Borrower under the Local Bonds and this
‘Agreement or the assumption of the obligations thereunder by the assignee shall in no way be
construed as releasing the Borrower’s obligations.
Section 10.9. Davis-Bacon Act, The Borrower agrees to comply with the Davis-Bacon
‘Act and related acts, as amended, with respect to the Project and require that all laborers and
mechanics employed by contractors and subcontractors for the Project shall be paid wages at
rates not less than those prevailing on projects of a similar character, as determined by the United
States Secretary of Labor in accordance with Section 1450(e) of the Safe Drinking Water Act
and related acts, as amended.
Section 10.10. American Iron and Steel, The Borrower agrees to comply with all
federal requirements, including those imposed by the Consolidated Appropriations Act, 2014,
P.L. 113-76, and related Drinking Water State Revolving Fund Policy Guidelines, as amended
and supplemented and in effect from time to time, with respect to the Project. Such requirements
include, among other things, that all iron and steel products used for the Project are to be
produced in the United States. The term “iron and steel products” is defined to mean the
following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole
covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete and construction materials.
Section 10.11. Recordkeeping and Reporting. The Borrower agrees to comply with all
recordkeeping and reporting requirements under the Safe Drinking Water Act and related acts, as
amended, including any reports required by a federal agency or the Authority, such as
performance indicators of program deliverables, information on costs and progress with respect
to the Project. The Borrower acknowledges that each contract and subcontract related to the
Project is subject to audit by appropriate federal and state entities.
Section 10.12. Service Contracts.  The Borrower shall give prompt notice to the
Authority of any renewal, extension, amendment, default or termination of any of the Service
Contracts.  The Borrower shall enforce the terms of such agreements and use its best efforts to
ensure that such agreements remain in full force and effect during the term of this Agreement.
Section 10.13.   [Waterworks Business Operations Plan and Rate Study.  The
Borrower shall provide evidence satisfactory to the Authority and the Department that the
Borrower on or before __________, 2020 has presented a final rate study to the Board of Directors
of the Borrower and the County Administrator, which rate study shall project and recommend rates
for a five-year period commencing with the Fiscal Year ending June 30, 2021 (the “Rate Study”)
that satisfy the Rate Covenant.  The Rate Study shall take into account any proposed debt and future
projects of the Borrower.  The Borrower shall also promptly provide a copy of the Rate Study to the
Authority and the Department.  Furthermore, the Borrower shall submit a Waterworks Business
Operations Plan to the Department as required by Section 32.1-172 of the Code of Virginia of 1950,
as amended, on or before __________, 2020 for review.]
[Add language regarding debt service and/or operating reserve]
[Add language regarding control over PSA and County leachate]
ARTICLE XI
DEFAULTS AND REMEDIES
Section 11.1. Events of Default.  Each of the following events shall be an “Event of
Default”:
(a) The failure to pay when due any payment of principal or Cost of Funds, if
any, due hereunder or to make any other payment required to be made under the Local Bonds or
this Agreement, including payments required to fund the Operating Reserve Fund to the amount
of the Required Operating Reserve or restore the balance in the Operating Reserve Fund to the
Required Operating Reserve upon any shortfall therein;
(b) The Borrower’s failure to perform or observe any of the other covenants,
agreements or conditions of the Local Bonds, the Support Agreement or this Agreement and the
continuation of such failure for a period of thirty (30) days after the Authority gives the
Borrower written notice specifying such failure and requesting that it be cured, unless the
Authority shall agree in writing to an extension of such time prior to its expiration; provided,
however, if the failure stated in the notice is correctable but cannot be corrected within the
applicable period, the Authority will not unreasonably withhold its consent to an extension of
such time if corrective action is instituted by the Borrower within the applicable period and
diligently pursued until the Default is corrected;
Section 10.12. Service Contracts. The Borrower shall give prompt notice to the
Authority of any renewal, extension, amendment, default or termination of any of the Service
Contracts. The Borrower shall enforce the terms of such agreements and use its best efforts to
ensure that such agreements remain in full force and effect during the term of this Agreement.
ion 10.13. {W
ane
Be hall de-evid
P
Be eke
f the B bth .
for-a-fi
Pe
i Sethe R:
Fthe Be The B hi
proj
he dthe De
1%
Pk he De 6
”
ded bee
Adel bi de
[Add language regarding control over PSA and County leachate]
ARTICLE XT
DEFAULTS AND REMEDIES
Section 11.1. Events of Default. Each of the following events shall be an “Event of
Default”:
(a) The failure to pay when due any payment of principal or Cost of Funds, if
any, due hereunder or to make any other payment required to be made under the Local Bonds or
this Agreement, including payments required to fund the Operating Reserve Fund to the amount
of the Required Operating Reserve or restore the balance in the Operating Reserve Fund to the
Required Operating Reserve upon any shortfall therein;
(b) __ The Borrower’s failure to perform or observe any of the other covenants,
agreements or conditions of the Local Bonds, the Support Agreement or this Agreement and the
continuation of such failure for a period of thirty (30) days after the Authority gives the
Borrower written notice specifying such failure and requesting that it be cured, unless the
‘Authority shall agree in writing to an extension of such time prior to its expiration; provided,
however, if the failure stated in the notice is correctable but cannot be corrected within the
applicable period, the Authority will not unreasonably withhold its consent to an extension of
such time if corrective action is instituted by the Borrower within the applicable period and
diligently pursued until the Default is corrected;
© Any warranty, representation or other statement by or on behalf of
Borrower contained in this Agreement or in any instrument furnished in compliance with or in
reference to this Agreement or in connection with the issuance and sale of the Local Bonds is
false or misleading in any material respect;
(d) [The early termination of the Funding Agreement pursuant to Sections
5.3(b) and © thereof;]
(e) The occurrence of a default by the Borrower under the terms of any
Subordinate Bonds, Parity Bonds, Existing Parity Bonds or Prior Bonds and the failure to cure
such default or obtain a waiver thereof within any period of time permitted thereunder;
(f) An order or decree shall be entered, with the Borrower’s consent or
acquiescence, appointing a receiver or receivers of the System or any part thereof or of the
Revenues thereof, or if such order or decree, having been entered without the Borrower’s consent
or acquiescence, shall not be vacated, discharged or stayed on appeal within sixty (60) days after
the entry thereof;
(g) Any proceeding shall be instituted, with the Borrower’s consent or
acquiescence, for the purpose of effecting a composition between the Borrower and its creditors
or for the purpose of adjusting the claims of such creditors, pursuant to any federal or state
statute now or hereafter enacted, if the claims of such creditors are under any circumstances
secured by or payable from Revenues; or
(h) Any bankruptcy, insolvency or other similar proceeding shall be instituted
by or against the Borrower under any federal or state bankruptcy or insolvency law now or
hereinafter in effect and, if instituted against the Borrower, is not dismissed within sixty (60)
days after filing.
Section 11.2. Notice of Default.  The Borrower agrees to give the Authority prompt
written notice if any order, decree or proceeding referred to in Section 11.1(f), (g) or (h) is
entered or instituted against the Borrower or of the occurrence of any other event or condition
which constitutes a Default or an Event of Default immediately upon becoming aware of the
existence thereof.
Section 11.3. Remedies on Default.  Whenever any Event of Default referred to in
Section 11.1 shall have happened and be continuing, the Authority shall, in addition to any other
remedies provided herein or by law, including rights specified in Section 62.1-237 of the Act,
have the right, at its option without any further demand or notice, to take one or both of the
following remedial steps:
(a) Declare immediately due and payable all payments due or to become due
on the Local Bonds and under this Agreement, and upon notice to the Borrower, the same shall
become immediately due and payable by the Borrower without further notice or demand; and
(©) _ Any warranty, representation or other statement by or on behalf of
Borrower contained in this Agreement or in any instrument furnished in compliance with or in
reference to this Agreement or in connection with the issuance and sale of the Local Bonds is
false or misleading in any material respect;
(4) _ {The early termination of the Funding Agreement pursuant to Sections
5.3(b) and (¢) thereof}
(©) _ The occurrence of a default by the Borrower under the terms of any
Subordinate Bonds, Parity Bonds, Existing Parity Bonds or Prior Bonds and the failure to cure
such default or obtain a waiver thereof within any period of time permitted thereunder;
()  Anorder or decree shall be entered, with the Borrower’s consent or
acquiescence, appointing a receiver or receivers of the System or any part thereof or of the
Revenues thereof, or if such order or decree, having been entered without the Borrower’s consent
or acquiescence, shall not be vacated, discharged or stayed on appeal within sixty (60) days after
the entry thereof;
(g) Any proceeding shall be instituted, with the Borrower’s consent or
acquiescence, for the purpose of effecting a composition between the Borrower and its creditors
or for the purpose of adjusting the claims of such creditors, pursuant to any federal or state
statute now or hereafter enacted, if the claims of such creditors are under any circumstances
secured by or payable from Revenues; or
(h) Any bankruptcy, insolvency or other similar proceeding shall be instituted
by or against the Borrower under any federal or state bankruptcy or insolvency law now or
hereinafter in effect and, if instituted against the Borrower, is not dismissed within sixty (60)
days after filing.
Section 11.2. Notice of Default, The Borrower agrees to give the Authority prompt
written notice if any order, decree or proceeding referred to in Section 11.1(f), (g) or (h) is
entered or instituted against the Borrower or of the occurrence of any other event or condition
which constitutes a Default or an Event of Default immediately upon becoming aware of the
existence thereof.
Section 11.3. Remedies on Default. Whenever any Event of Default referred to in
Section 11.1 shall have happened and be continuing, the Authority shall, in addition to any other
remedies provided herein or by law, including rights specified in Section 62.1-237 of the Act,
have the right, at its option without any further demand or notice, to take one or both of the
following remedial steps:
(a) Declare immediately due and payable all payments due or to become due
on the Local Bonds and under this Agreement, and upon notice to the Borrower, the same shall
become immediately due and payable by the Borrower without further notice or demand; and
(b) Take whatever other action at law or in equity may appear necessary or
desirable to collect the payments then due and thereafter to become due on the Local Bonds and
under this Agreement, to enforce any other of the Fund’s, the Authority’s or the Board’s rights
under this Agreement, or to enforce performance by the Borrower of its covenants, agreements
or undertakings contained herein or in the Local Bonds, which the Borrower hereby agrees are
assigned to the Authority upon the occurrence of an Event of Default.
Section 11.4. Delay and Waiver.  No delay or omission to exercise any right or power
accruing upon any Default or Event of Default shall impair any such right or power or shall be
construed to be a waiver of any such Default or Event of Default or acquiescence therein, and
every such right or power may be exercised from time to time and as often as may be deemed
expedient.  No waiver of any Default or Event of Default under this Agreement shall extend to or
shall affect any subsequent Default or Event of Default or shall impair any rights or remedies
consequent thereto.
Section 11.5. State Aid Intercept.  The Borrower acknowledges that the Authority may
take any and all actions available to it under the laws of the Commonwealth of Virginia,
including Section 62.1-216.1 of the Virginia Code, to secure payment of the principal of and
Cost of Funds, if any, on the Local Bonds, if payment of such principal or Cost of Funds, if any,
shall not be paid when the same shall become due and payable.
ARTICLE XII
MISCELLANEOUS
Section 12.1. Successors and Assigns.  This Agreement shall be binding upon, inure to
the benefit of and be enforceable by the parties and their respective successors and assigns.
Section 12.2. Amendments.  The Authority and the Borrower, with the written consent
of the Department, shall have the right to amend from time to time any of the terms and
conditions of this Agreement, provided that all amendments shall be in writing and shall be
signed by or on behalf of the Authority and the Borrower; provided, however, that the written
consent of the Department shall not be required for the Authority and the Borrower to amend
Articles I, V, IX and XI or Sections 8.13, 8.14, 10.4 and 10.5 of this Agreement.
Section 12.3. Limitation of Borrower’s Liability.  Notwithstanding anything in the
Local Bonds or this Agreement to the contrary, the Borrower’s obligations are not its general
obligations, but are limited obligations payable solely from the Revenues which are specifically
pledged for such purpose.  Neither the Local Bonds nor this Agreement shall be deemed to create
or constitute a debt or a pledge of the faith and credit of the Borrower and the Borrower shall not
be obligated to pay the principal of or Cost of Funds, if any, on the Local Bonds or other costs
incident thereto except from the Revenues and other funds pledged therefor.  In the absence of
fraud, no present or future director, official, officer, employee or agent of the Borrower shall be
liable personally in respect of this Agreement or the Local Bonds or for any other action taken by
such individual pursuant to or in connection with the financing provided for in this Agreement or
the Local Bonds.
(b) Take whatever other action at law or in equity may appear necessary or
desirable to collect the payments then due and thereafter to become due on the Local Bonds and
under this Agreement, to enforce any other of the Fund’s, the Authority’s or the Board’s rights
under this Agreement, or to enforce performance by the Borrower of its covenants, agreements
or undertakings contained herein or in the Local Bonds, which the Borrower hereby agrees are
assigned to the Authority upon the occurrence of an Event of Default.
Section 11.4. Delay and Waiver, No delay or omission to exercise any right or power
accruing upon any Default or Event of Default shall impair any such right or power or shall be
construed to be a waiver of any such Default or Event of Default or acquiescence therein, and
every such right or power may be exercised from time to time and as often as may be deemed
expedient. No waiver of any Default or Event of Default under this Agreement shall extend to or
shall affect any subsequent Default or Event of Default or shall impair any rights or remedies
consequent thereto.
Section 11.5. State Aid Intercept. The Borrower acknowledges that the Authority may
take any and all actions available to it under the laws of the Commonwealth of Virginia,
including Section 62.1-216.1 of the Virginia Code, to secure payment of the principal of and
Cost of Funds, if any, on the Local Bonds, if payment of such principal or Cost of Funds, if any,
shall not be paid when the same shall become due and payable.
ARTICLE XII
MISCELLANEOUS
Section 12.1. Successors and Assigns. This Agreement shall be binding upon, inure to
the benefit of and be enforceable by the parties and their respective successors and assigns.
Section 12. Amendments. The Authority and the Borrower, with the written consent
of the Department, shall have the right to amend from time to time any of the terms and
conditions of this Agreement, provided that all amendments shall be in writing and shall be
signed by or on behalf of the Authority and the Borrower; provided, however, that the written
consent of the Department shall not be required for the Authority and the Borrower to amend
Articles I, V, IX and XI or Sections 8.13, 8.14. 10.4 and 10.5 of this Agreement.
Section 12.3. Limitation of Borrower’s Liability. Notwithstanding anything in the
Local Bonds or this Agreement to the contrary, the Borrower’s obligations are not its general
obligations, but are limited obligations payable solely from the Revenues which are specifically
pledged for such purpose. Neither the Local Bonds nor this Agreement shall be deemed to create
or constitute a debt or a pledge of the faith and credit of the Borrower and the Borrower shall not
be obligated to pay the principal of or Cost of Funds, if any, on the Local Bonds or other costs
incident thereto except from the Revenues and other funds pledged therefor. In the absence of
fraud, no present or future director, official, officer, employee or agent of the Borrower shall be
liable personally in respect of this Agreement or the Local Bonds or for any other action taken by
such individual pursuant to or in connection with the financing provided for in this Agreement or
the Local Bonds.
Section 12.4. Applicable Law.  This Agreement shall be governed by the applicable
laws of Virginia.
Section 12.5. Severability.  If any clause, provision or section of this Agreement shall
be held illegal or invalid by any court, the illegality or invalidity of such clause, provision or
Section shall not affect the remainder of this Agreement which shall be construed and enforced
as if such illegal or invalid clause, provision or section had not been contained in this Agreement.

If any agreement or obligation contained in this Agreement is held to be in violation of law, then
such agreement or obligation shall be deemed to be the agreement or obligation of the Authority
and the Borrower, as the case may be, only to the extent permitted by law.
Section 12.6. Notices.  Unless otherwise provided for herein, all demands, notices,
approvals, consents, requests, opinions and other communications under the Local Bonds or this
Agreement shall be in writing and shall be deemed to have been given when delivered in person
or mailed by first class registered or certified mail, postage prepaid, addressed as follows:
Fund:   Virginia Water Supply Revolving Fund
c/o Virginia Resources Authority
1111 East Main Street, Suite 1920
Richmond, VA  23219
Attention:  Executive Director
Authority:  Virginia Resources Authority
1111 East Main Street, Suite 1920
Richmond, VA  23219
Attention:  Executive Director
Board:   Virginia Department of Health
109 Governor Street
Richmond, VA  23219
Attention:  State Health Commissioner
Borrower:  The Russell County Public Service Authority

137 Highland Drive
__________Lebanon, Virginia  _____24266
Attention:  Chairman
A duplicate copy of each demand, notice, approval, consent, request, opinion or other
communication given by any party named in this Section shall also be given to each of the other
parties named.  The Authority, the Board and the Borrower may designate, by notice given
hereunder, any further or different addresses to which subsequent demands, notices, approvals,
consents, requests, opinions or other communications shall be sent or persons to whose attention
the same shall be directed.
Section 12.
laws of Virginia.
Applicable Law. This Agreement shall be governed by the applicable
Section 12.5. Severability. If any clause, provision or section of this Agreement shall
be held illegal or invalid by any court, the illegality or invalidity of such clause, provision or
Section shall not affect the remainder of this Agreement which shall be construed and enforced
as if such illegal or invalid clause, provision or section had not been contained in this Agreement.
If any agreement or obligation contained in this Agreement is held to be in violation of law, then
such agreement or obligation shall be deemed to be the agreement or obligation of the Authority
and the Borrower, as the case may be, only to the extent permitted by law.
Section 12.6. Notices. Unless otherwise provided for herein, all demands, notices,
approvals, consents, requests, opinions and other communications under the Local Bonds or this
‘Agreement shall be in writing and shall be deemed to have been given when delivered in person
or mailed by first class registered or certified mail, postage prepaid, addressed as follows:
Fund: Virginia Water Supply Revolving Fund
clo Virginia Resources Authority
1111 East Main Street, Suite 1920
Richmond, VA 23219
Attention: Executive Director
Virginia Resources Authority
1111 East Main Street, Suite 1920
Richmond, VA 23219
Attention: Executive Director
Board: Virginia Department of Health
109 Governor Street
Richmond, VA 23219
Attention: State Health Commissioner
Borrower: The Russell County Public Service Authority
137 Highland Drive
Lebanon, Virginia
Attention: Chairman
24266
A duplicate copy of each demand, notice, approval, consent, request, opinion or other
communication given by any party named in this Section shall also be given to each of the other
parties named. The Authority, the Board and the Borrower may designate, by notice given
hereunder, any further or different addresses to which subsequent demands, notices, approvals,
consents, requests, opinions or other communications shall be sent or persons to whose attention
the same shall be directed.
Section 12.7. Right to Cure Default.  If the Borrower shall fail to make any payment or
to perform any act required by it under the Local Bonds or this Agreement, the Authority without
prior notice to or demand upon the Borrower and without waiving or releasing any obligation or
default, may (but shall be under no obligation to) make such payment or perform such act.  All
amounts so paid by the Authority and all costs, fees and expenses so incurred shall be payable by
the Borrower as an additional obligation under this Agreement, together with interest thereon at
the rate of interest of five percent (5.0%) per annum until paid.  The Borrower’s obligation under
this Section shall survive the payment of the Local Bonds.
Section 12.8. Headings.  The headings of the several articles and sections of this
Agreement are inserted for convenience only and do not comprise a part of this Agreement.
Section 12.9. Term of Agreement.  This Agreement shall be effective upon its
execution and delivery, provided that the Local Bonds previously or simultaneously shall have
been executed and delivered.  Except as otherwise specified, the Borrower’s obligations under
the Local Bonds and this Agreement shall expire upon payment in full of the Local Bonds and all
other amounts payable by the Borrower under this Agreement.
Section 12.10. Termination of Original Financing Agreements.  The Original
Financing Agreements heretofore executed between the parties thereto is are cancelled and
terminated as of the Closing Date, provided that such cancellation and termination shall not be
construed as a waiver, relinquishment or release of any claims, damages, liability, rights of
action or causes of action that the parties thereto may have against the other thereunder and that
have accrued before the effective date of this Agreement.
Section 12.11. Counterparts.  This Agreement may be executed in any number of
counterparts, each of which shall be an original and all of which together shall constitute but one
and the same instrument.
[Signature Page Follows]
Section 12.7. Right to Cure Default. If the Borrower shall fail to make any payment or
to perform any act required by it under the Local Bonds or this Agreement, the Authority without
prior notice to or demand upon the Borrower and without waiving or releasing any obligation or
default, may (but shall be under no obligation to) make such payment or perform such act. All
amounts so paid by the Authority and all costs, fees and expenses so incurred shall be payable by
the Borrower as an additional obligation under this Agreement, together with interest thereon at
the rate of interest of five percent (5.0%) per annum until paid. The Borrower’s obligation under
this Section shall survive the payment of the Local Bonds.
Section 12.8. Headings. The headings of the several articles and sections of this
Agreement are inserted for convenience only and do not comprise a part of this Agreement.
Section 12.9. Term of Agreement. This Agreement shall be effective upon its
execution and delivery, provided that the Local Bonds previously or simultaneously shall have
been executed and delivered. Except as otherwise specified, the Borrower’s obligations under
the Local Bonds and this Agreement shall expire upon payment in full of the Local Bonds and all
other amounts payable by the Borrower under this Agreement.
Section 12.10. Termination of Original Financing Agreements. The Original
Financing Agreements heretofore executed between the parties thereto is-are cancelled and
terminated as of the Closing Date, provided that such cancellation and termination shall not be
construed as a waiver, relinquishment or release of any claims, damages, liability, rights of
action or causes of action that the parties thereto may have against the other thereunder and that
have accrued before the effective date of this Agreement.
Section 12.11. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be an original and all of which together shall constitute but one
and the same instrument.
[Signature Page Follows]
WITNESS the following signatures, all duly authorized.
VIRGINIA RESOURCES AUTHORITY, as
Administrator of the Virginia Water Supply Revolving
Fund
By: ____________________________________________
Title: ___________________________________________
THE RUSSELL COUNTY PUBLIC SERVICE
AUTHORITY
By: ____________________________________________
Title: ___________________________________________
WITNESS the following signatures, all duly authorized,
VIRGINIA RESOURCES AUTHORITY, as
Administrator of the Virginia Water Supply Revolving
Fund
Title:
THE RUSSELL COUNTY PUBLIC SERVICE
AUTHORITY
By:
Title:
EXHIBIT A
FORM OF LOCAL BONDS
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
[To Be Provided]
EXHIBIT A
FORM OF LOCAL BONDS
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
[To Be Provided]
EXHIBIT B
PROJECT DESCRIPTIONS
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
[To Be Provided]
EXHIBIT B
PROJECT DESCRIPTIONS
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
[To Be Provided]
EXHIBIT C
PROJECT BUDGETS
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
[To Be Provided]
EXHIBIT C
PROJECT BUDGETS
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
[To Be Provided]
EXHIBIT D
OPINION OF BORROWER’S BOND COUNSEL
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
[To Come from Borrower’s Bond Counsel]
EXHIBIT D
OPINION OF BORROWER’S BOND COUNSEL
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
[To Come from Borrower’s Bond Counsel]
EXHIBIT E
FORM OF REQUISITION
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
[To Come[LETTERHEAD OF BORROWER]
[Date]
__________, Director
Office of Drinking Water, 6th Floor
Virginia Department of Health
109 Governor Street
Richmond, VA 23219
Re: Virginia Water Supply Revolving Fund
The Russell County Public Service Authority
Loan No. WSL-028-14E; WSL-022-15E
Dear Mr./Ms. __________:
This requisition, Number , is submitted in connection with the Master Financing
Agreement and Amended and Restated Funding Agreement, each dated as of __________ 1, 2020
(together, the “Agreements”) between the Virginia Resources Authority, as Administrator of the
Virginia Water Supply Revolving Fund (the “Fund”), and The Russell County Public Service
Authority (the “Borrower”).  Unless otherwise defined in this requisition, all capitalized terms used
herein shall have the meaning set forth in Article I of the Agreements.  The undersigned Authorized
Representative of the Borrower hereby requests disbursement of loan proceeds under the
Agreements in the amount of $________, for the purposes of payment of the Project Costs as set
forth on Schedule 1 attached hereto.
Attached hereto are invoices relating to the items for which payment is requested.
The undersigned certifies that (a) the amounts requested by this requisition will be applied
solely and exclusively to the payment, or the reimbursement of the Borrower for the payment, of
Project Costs, and (b) any materials, supplies or equipment covered by this requisition are not
subject to any lien or security interest or such lien or security interest will be released upon payment
of the requisition.  In addition, the undersigned certifies that the Borrower has conducted adequate
oversight for compliance with the Davis-Bacon Act and related acts through (a) the review of
payrolls and associated certifications, and (b) the posting of all wage determinations and additional
classifications (as appropriate) on the work site, and through this oversight, the Borrower has
determined to the best of its ability that the Project complies with the requirements of the Davis-
Bacon Act and related acts.  The Borrower further certifies that all products included in this request
satisfy the appropriate provisions of the American Iron and Steel requirements included in the
Agreements.
The undersigned further certifies that (a) no Event of Default or Default has occurred and is
EXHIBIT E.
FORM OF REQUISITION
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
fFe-Come[LETTERHEAD OF BORROWER|
Date!
Director
Office of Drinking Water, 6th Floor
Virginia Department of Health
109 Governor Street
Richmond, VA 23219
Re: Virginia Water Supply Revolving Fund
The Russell County Public Service Authority
Loan No. WSL-028-14E: WSL-022-15E
Dear Mr./Ms.
This requisition, Number. is submitted in connection with the Master Financing
Agreement and Amended and Restated Funding Agreement, each dated as of 1, 2020
(together, the “Agreements”) between the Virginia Resources Authority, as Administrator of the
Virginia Water Supply Revolving Fund (the “Fund”), and The Russell County Public Service
Authority (the “Borrower”). Unless otherwise defined in this requisition, all capitalized terms used
herein shall have the meaning set forth in Article | of the Agreements. The undersigned Authorized
Representative of the Borrower hereby requests disbursement of loan proceeds under the
Agreements in the amount of $ for the purposes of payment of the Project Costs as set
forth on Schedule | attached hereto.
Attached hereto are invoices relating to the items for which payment is requested.
The undersigned certifies that (a) the amounts requested by this requisition will be applied
solely and exclusively to the payment, or the reimbursement of the Borrower for the payment, of
Project Costs, and (b) any materials, supplies or equipment covered by this requisition are not
subject to any lien or security interest or such lien or security interest will be released upon payment
of the requisition. In addition, the undersigned certifies that the Borrower has conducted adequate
oversight for compliance with the Davis-Bacon Act and related acts through (a) the review of
payrolls and associated certifications, and (b) the posting of all wage determinations and additional
classifications (as appropriate) on the work site, and through this oversight, the Borrower has
determined to the best of its ability that the Project complies with the requirements of the Davis-
satisfy the appropriate provisions of the American Iron and Steel requirements included in the
Agreements.
The undersigned further certifies that (a) no Event of Default or Default has occurred and is
continuing, and no condition exists which, with the passing of time or with the giving of notice or
both, would constitute an Event of Default hereunder, and (b) the representations and warranties of
the Borrower contained in the Agreements are true, correct and complete and the Borrower has
performed all of its obligations thereunder required to be performed as of the date hereof.
This requisition includes an accompanying Certificate of the Consulting Engineer as to the
performance of the work.
Sincerely,

(Authorized Representative of the Borrower)
Attachments
cc: VDH Project Engineer (with all attachments)
continuing, and no condition exists which, with the passing of time or with the giving of notice or
both, would constitute an Event of Default hereunder, and (b) the representations and warranties of
the Borrower contained in the Agreements are true, correct and complete and the Borrower has
performed all of its obligations thereunder required to be performed as of the date hereof.
This requisition includes an accompanying Certificate of the Consulting Engineer as to the
performance of the work.
Sincerely.
‘Authorized Representative of the Borrower)
Attachments
c VDH Project Engineer (with all attachments)
CERTIFICATE OF THE CONSULTING ENGINEER
FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT
Loan No. WSL-028-14E; WSL-022-15E
This Certificate is submitted in connection with Requisition Number ____, dated
_______, 20, submitted by The Russell County Public Service Authority.  Capitalization
terms used herein shall have the same meanings set forth in Article I of the Agreements referred
to in the Requisition.
The undersigned Consulting Engineer for the Borrower hereby certifies that insofar as the
amounts covered by this Requisition include payments for labor or to contractors, builders or
materialmen, such work was actually performed or such materials, supplies or equipment were
actually furnished to or installed in the Project.
         SEAL                      





  ______________________________ 
    [Consulting Engineer] 

Date: ________________________
CERTIFICATE OF THE CONSULTING ENGINEER
FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT.
Loan No. WSL-028-14E; WSL-022-15E
This Certificate is submitted in connection with Requisition Number dated
20_, submitted by The Russell County Public Service Authority. Capitalization
term -d herein shall have the same m gs set forth in Article I of the Agreements referred
to in the Requisition,
The undersigned Consulting Engineer for the Borrower hereby certifies that insofar as the
amounts covered by this Requisition include payments for labor or to contractors, builders or
materialmen, such work was actually performed or such materials, supplies or equipment were
actually furnished to or installed in the Project.
SEAL
[Consulting Engineer]
Date:
SCHEDULE 1
VIRGINIA WATER SUPPLY REVOLVING FUND
FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT
REQUISITION # ______
BORROWER: The Russell County Public Service Authority
LOAN NUMBER: WSL-028-14E; WSL-022-15E
CERTIFYING SIGNATURE: ________________________________
TITLE: ___________________________________
Cost Category Amount
Budgeted
Previous
Disbursements
Expenditures This
Period
Total Expenditures
to Date
Net Balance
Remaining
Total Funding Amount $ ____________________
Previous Disbursements $ ____________________
This Request $ ____________________
         Loan Proceeds Remaining $ ____________________

SCHEDULE 1
VIRGINIA WATER SUPPLY REVOLVING FUND
FORM TO ACCOMPANY REQUEST FOR DISBURS!
REQUISITION #
BORROWER: The Russell County Public Service Authority
LOAN NUMBER: WSL-028-14E; WSL-022-15E
CERTIFYING SIGNATURE:
TITLE:
Cost Category Amount Previous Expenditures Thi Total Expenditures
Budgeted isbursements
to Date
‘Total Funding Amount $
Previous Disbursements $
This Request $
Loan Proceeds Remaining $
EXHIBIT F
ORIGINAL BONDS
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
“Original Bonds” means, collectively, (a) the following bonds issued by the Borrower
(the “Russell PSA Bonds”):
(1) $99,775 The Russell County Public Service Authority Water Revenue Bond,
Series 2006 (Green Valley Project);
(2) $1,534,941 The Russell County Public Service Authority Revenue Bond, Series
2008A (Big A Mountain Phase II Project);
(3) $325,227 The Russell County Public Service Authority Water Revenue Bond,
Series 2010-A (Back Valley—Big A Mountain Interconnection Project);
(4) $1,059,765 The Russell County Public Service Authority Water Revenue Bond,
Series 2011-A (Green Valley West Water Line Extension Project);
(5) $103,783 The Russell County Public Service Authority Water Revenue Bond,
Series 2011-B  (Long Branch/Strouth Creek/Fuller Mt. Water Line Extension Project);
(6) $700,843 The Russell County Public Service Authority Water Revenue Bond,
Series 2012-A (New Garden/Finney Water Line Extension Project);
(7) $3,537,000 Water Revenue Refunding Bond, Series 2014;
(8) $93,071 Water Revenue Bond, Series 2015 (Mountain Meadows Line Extension
Project);
(9) $294,202 Water Revenue Bond, Series 2016 (iPerl Radio Read Meter
Replacement Project);
(10) $445,925 Water Revenue Bond, Series 2016 (Route 656 East Water Line
Extension Project);
(11) $197,027 Water Revenue Bond, Series 2017 (Thompson Creek/Tunnel Road
Waterline Extension Project); and
(12) $512,023 Water Revenue Bond, Series 2017 (Fincastle Estates Waterline
Extension Project);
and (b) the following bonds issued by the County that have been assumed by the
Borrower (the “County Bonds”):
EXHIBIT F
ORIGINAL BONDS
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
“Original Bonds” means, collectively, (a) the following bonds issued by the Borrower
(the “Russell PSA Bonds”):
(1) $99,775 The Russell County Public Service Authority Water Revenue Bond,
Series 2006 (Green Valley Project):
(2) $1,534,941 The Russell County Public Service Authority Revenue Bond, Series
2008A (Big A Mountain Phase II Project);
(3) $325,227 The Russell County Public Service Authority Water Revenue Bond,
Series 2010-A (Back Valley—Big A Mountain Interconnection Project);
(4) $1,059,765 The Russell County Public Service Authority Water Revenue Bond,
Series 2011-A (Green Valley West Water Line Extension Project);
(5) $103,783 The Russell County Public Service Authority Water Revenue Bond,
Series 2011-B (Long Branch/Strouth Creek/Fuller Mt. Water Line Extension Project);
(6) $700,843 The Russell County Public Service Authority Water Revenue Bond,
Series 2012-A (New Garden/Finney Water Line Extension Project);
(7) $3,537,000 Water Revenue Refunding Bond, Series 2014;
(8) $93,071 Water Revenue Bond, Series 2015 (Mountain Meadows Line Extension
Project);
(9) $294,202 Water Revenue Bond, Series 2016 (iPerl Radio Read Meter
Replacement Project);
(10) $445,925 Water Revenue Bond, Series 2016 (Route 656 East Water Line
Extension Project);
(11) $197,027 Water Revenue Bond, Series 2017 (Thompson Creek/Tunnel Road
Waterline Extension Project); and
(12) $512,023 Water Revenue Bond, Series 2017 (Fincastle Estates Waterline
Extension Project);
and (b) the following bonds issued by the County that have been assumed by the
Borrower (the “County Bonds”)
(13) $672,000 Russell County Series 1988 Water Revenue Bond (RD Sword’s Creek
Project);
(14) $900,000 Russell County Sewer Revenue Bond, Series 1996 (RD Dante Project);
(15) $119,530 Russell County, Virginia, Water Revenue Bond, Series 1999 (RD Lynn
Springs Project);
(16) $935,690 Russell County Revenue Bond, Series 2001A (Big A Mountain
Project);
(17) $1,678,400 Russell County Revenue Bond, Series 2001B (Belfast Project);
(18) $344,477 Russell County Revenue Bond, Series 2001C (Pine Creek Project);
(19) $822,366 Russell County Revenue Bond, Series 2002A (Swords Creek Public
Service Authority) (Clark’s Valley Project);
(20) $556,538 Russell County Revenue Bond, Series 2005A (Drill Mountain Project);
(21) $91,439 Russell County Revenue Bond, Series 2005B (Clark’s Valley—South
Extension Water Project);
(22) $1,906,717 Russell County Revenue Bond, Series 2005E  (Belfast –Rosedale
Project);
(23) $415,518 Russell County Revenue Bond, Series 2006A (Miller Creek/Frank’s
Hollow/Honeysuckle Lane Project); and
(24) $197,170 Russell County Revenue Bond, Series 2007A (Belfast—Highlands and
Yates Project);
and © the following bonds issued by Castlewood WSA that have been assumed by the
Borrower (the “Castlewood WSA Bonds”):
(25) $350,000 Water Revenue Bond, Series of 2000 (Castlewood Water Project);
(26) $640,000 Water and Sewer Revenue Bond, Series 2001 (Red Oak Ridge Water
Project);
(27) $653,250 Water and Sewer Revenue Bond, Series 2002 (Mew Road Water
Project);
(28) $142,481 Water and Sewer Revenue Bond, Series 2002-B (Dante Sewer Project);
(28) (29)$661,019 Water and Sewer Revenue Bond, Series 2004 (Carbo/Back Valley
Water Project);
(13) $672,000 Russell County Series 1988 Water Revenue Bond (RD Sword’s Creek
Project);
(14) $900,000 Russell County Sewer Revenue Bond, Series 1996 (RD Dante Project);
(15) $119,530 Russell County, Virginia, Water Revenue Bond, Series 1999 (RD Lynn
Springs Project);
(16) $935,690 Russell County Revenue Bond, Series 2001A (Big A Mountain
Project);
(17) $1,678,400 Russell County Revenue Bond, Series 2001B (Belfast Project);
(18) $344,477 Russell County Revenue Bond, Series 2001C (Pine Creek Project);
(19) $822,366 Russell County Revenue Bond, Series 2002A (Swords Creek Public
Service Authority) (Clark’s Valley Project);
(20) $556,538 Russell County Revenue Bond, Series 2005A (Drill Mountain Project);
(21) $91,439 Russell County Revenue Bond, Series 2005B (Clark’s Valley—South
Extension Water Project);
(22) $1,906,717 Russell County Revenue Bond, Series 200SE (Belfast —Rosedale
Project);
(23) $415,518 Russell County Revenue Bond, Series 2006A (Miller Creek/Frank’s
Hollow/Honeysuckle Lane Project); and
(24) $197,170 Russell County Revenue Bond, Series 2007A (Belfast—Highlands and
Yates Project);
and © the following bonds issued by Castlewood WSA that have been assumed by the
Borrower (the “Castlewood WSA Bonds”):
(25) $350,000 Water Revenue Bond, Series of 2000 (Castlewood Water Project):
(26) $640,000 Water and Sewer Revenue Bond, Series 2001 (Red Oak Ridge Water
Project);
(27) $653,250 Water and Sewer Revenue Bond, Series 2002 (Mew Road Water
Project);
442.4810 d R Bond-Series 2002- BD. Project}:
(28) _(29}$661,019 Water and Sewer Revenue Bond, Series 2004 (Carbo/Back Valley
Water Project);
(29) (30)$937,300 Water Revenue Bond, Series of 2005 (Dante Rehabilitation Water
Project);
(30) (31)$299,409 Water and Sewer Revenue Bond, Series 2006 (Seven Springs Water
Project);
(31) (32)$359,813 Water and Sewer Revenue Bond, Series 2008A (Castlewood
Heights Water Project);
(32) (33)$200,400 Water and Sewer Revenue Bond, Series 2008B (Blue Devil Water
Project);
(33) (34)$167,012 Water and Sewer Revenue Bond, Series 2010 (Kingland Heights
Water Project);
(34) (35)$100,000 Water and Sewer Revenue Bond, Series 2011 (Castlewood Phase
One Water Project);
(35) (36)$325,473 Water and Sewer Revenue Bond, Series 2012 (Route 58/Memorial
Drive/Greystone Water Project);
(36) (37)$2,200,000 Sewer Revenue Bond, Series of 2013 (Sewer Phase 1A);
(37) (38)$163,680 Water and Sewer Revenue Bond, Series 2015 (Upper Bear Wallow
Water Project); and
(38) (39)$317,151 Water and Sewer Revenue Bond, Series 2016 (Radio Read Meter
Replacement and Telemetry Installation Project).
(29)  (30)$937,300 Water Revenue Bond, Series of 2005 (Dante Rehabilitation Water
Project);

$299,409 Water and Sewer Revenue Bond, Series 2006 (Seven Springs Water
Project);

(31) 238359813 Water and Sewer Revenue Bond, Series 2008A (Castlewood
Heights Water Project);
(32) 33)$200,400 Water and Sewer Revenue Bond, Series 2008B (Blue Devil Water
Project);
(33) 34)$167,012 Water and Sewer Revenue Bond, Series 2010 (Kingland Heights
Water Project);
(34) 35)$100,000 Water and Sewer Revenue Bond, Series 2011 (Castlewood Phase
One Water Project);
(35) 36)$325,473 Water and Sewer Revenue Bond, Series 2012 (Route 58/Memorial
Drive/Greystone Water Project);
(36) _37)$2,200,000 Sewer Revenue Bond, Series of 2013 (Sewer Phase 1A);
(37) _(38)$163,680 Water and Sewer Revenue Bond, Series 2015 (Upper Bear Wallow
Water Project); and
(38) _(39)$317,151 Water and Sewer Revenue Bond, Series 2016 (Radio Read Meter
Replacement and Telemetry Installation Project).
EXHIBIT G
ORIGINAL FINANCING AGREEMENTS
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
[To Be Provided]
EXHIBIT G
ORIGINAL FINANCING AGREEMENTS
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
[To Be Provided]
EXHIBIT H
PRIOR BONDS AND EXISTING PARITY BONDS
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
[To Be Completed by Borrower’s Bond Counsel]
Prior Bonds:
None
Existing Parity Bonds:
$672,000 Russell County Series 1988 Water Revenue Bond (RD Sword’s Creek Project)
$900,000 Russell County Sewer Revenue Bond, Series 1996 (RD Dante Project)
$119,530 Russell County, Virginia, Water Revenue Bond, Series 1999 (RD Lynn Springs
Project)
$350,000 Water Revenue Bond, Series of 2000 (RD Castlewood Water Project)
$937,300 Water Revenue Bond, Series of 2005 (Dante Rehabilitation Water Project)
$2,200,000 Sewer Revenue Bond, Series of 2013 (Sewer Phase 1A)
$23,173.29 Water and Sewer Revenue Bond, Series 2020A
$418,700 Water and Sewer Revenue Bond, Series 2020D
EXHIBIT H
PRIOR BONDS AND EXISTING PARITY BONDS.
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
[fo Be Completed by Borrower’s Bond Counsel]
Prior Bonds:
None
Existing Parity Bonds:
$672,000 Russell County Series 1988 Water Revenue Bond (RD Sword’s Creek Project)
$900,000 Russell County Sewer Revenue Bond. Series 1996 (RD Dante Project)
$119,530 Russell County, Virginia, Water Revenue Bond, Series 1999 (RD Lynn Springs
Project)
$350,000 Water Revenue Bond, Series of 2000 (RD Castlewood Water Project)
$937,300 Water Revenue Bond, Series of 2005 (Dante Rehabilitation Water Project)
$2,200,000 Sewer Revenue Bond, Series of 2013 (Sewer Phase 1A)
$23,173.29 Water and Sewer Revenue Bond, Series 20204
$418.700 Water and Sewer Revenue Bond, Series 2020D
EXHIBIT I
DEBT SERVICE SCHEDULES
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
[To Be Provided]
EXHIBIT I
DEBT SERVICE SCHEDULES,
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
[To Be Provided]
EXHIBIT J
FORM OF BUDGET
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
(To Be on Borrower’s Letterhead)
[Date]
Executive Director
Virginia Resources Authority
1111 East Main Street, Suite 1920
Richmond, VA  23219
Dear Mr./Ms. __________:
Pursuant to the Financing Agreement[s] between Virginia Resources Authority and The
Russell County Public Service Authority, a copy of the fiscal year [20xx] annual budget is
enclosed.  Such annual budget provides for the satisfaction of the rate covenant as demonstrated
below.
Revenues1 Operation &
Maintenance Expense
Net Revenues Available
for Debt Service
( Revenues – O&M
Expense)
Debt Service Coverage
(Net Revenues Available
for Debt Service/Debt
Service)

1  Of the amount set forth here as Revenues, $_________ is derived from a transfer from the County of Russell,

Virginia’s general fund pursuant to the Support Agreement.
All capitalized terms used herein shall have the meaning set forth in the Financing
Agreement[s].
Very truly yours,
By: __________________________
Its: _________________________
EXHIBIT J
FORM OF BUDGET
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
(To Be on Borrower’s Letterhead)
[Date]
Executive Director
Virginia Resources Authority
1111 East Main Street, Suite 1920
Richmond, VA 23219
Dear Mr./Ms.
Pursuant to the Financing Agreement{s] between Virginia Resources Authority and The
Russell County Public Service Authority, a copy of the fiscal year [20x] annual budget is
enclosed. Such annual budget provides for the satisfaction of the rate covenant as demonstrated
below.
Revenues! Operation & Net Revenues Available | Debt Service | Coverage
Maintenance Expense | for Debt Service (Net Revenues Available
(Revenues = O&M for Debt Servie/Debt
Expense) Service)
"Of the amount set forth here as Revenues, S is derived from a transfer from the County of Russell,
ent.
Virginia’s general fund pursuant to the Support Agr
All capitalized terms used herein shall have the meaning set forth in the Financing
‘Agreement{s].
Very truly yours,
By:
Its:
EXHIBIT K
AMENDED AND RESTATED SUPPORT AGREEMENT
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
THIS AMENDED AND RESTATED SUPPORT AGREEMENT is made as of the
first day of __________, 2020, by and among the BOARD OF SUPERVISORS OF RUSSELL
COUNTY, VIRGINIA (the “Board”), acting as the governing body of Russell County, Virginia
(the “County”), THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY (the
“Borrower”), and the VIRGINIA RESOURCES AUTHORITY (the “Authority”), as
Administrator of the VIRGINIA WATER SUPPLY REVOLVING FUND (the “Fund”) and as
purchaser of the Local Bonds, as hereinafter defined, pursuant to a Master Financing Agreement
dated as of the date hereof (the “Master Financing Agreement”), between the Authority and the
Borrower.
RECITALS:
WHEREAS, the Borrower was created by the Board pursuant to the Virginia Water and
Waste Authorities Act (Chapter 51, Title 15.2, Code of Virginia of 1950, as amended) and owns
and operates the System in the County;
WHEREAS, the Borrower has previously issued its bonds as described on Exhibit A (the
“Russell PSA Bonds”) pursuant to certain financing agreements, between the Authority, as
Administrator of the Fund, and the Borrower;
WHEREAS, The Castlewood Water and Sewage Authority (“Castlewood WSA”) has
previously issued its bonds as described on Exhibit A (the “Castlewood WSA Bonds”) pursuant to
certain financing agreements, between the Authority, as Administrator of the Fund, and

Castlewood WSA;
WHEREAS, the County of Russell, Virginia (the “County”) has previously issued its bonds
as described on Exhibit A (the “County Bonds”) pursuant to certain financing agreements, between
the Authority, as Administrator of the Fund, and  Castlewood WSA;
WHEREAS, the Borrower desires to amend and restate its obligations with respect to the
Russell PSA Bonds, assume the obligations of Castlewood WSA with respect to the Castlewood
WSA Bonds and assume the obligations of the County with respect to the County Bonds;
WHEREAS, the Board adopted on __________July 6, 2020, a resolution authorizing,
among other things, the execution of an agreement providing for a non-binding obligation of the
Board to consider certain appropriations in support of the Castlewood WSA Bonds, the County
Bonds and the Russell PSA Bonds (collectively, the “Local Bonds”).
EXHIBIT K
AMENDED AND RESTATED SUPPORT AGREEMENT
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
THIS AMENDED AND RESTATED SUPPORT AGREEMENT is made as of the
first day of » 2020, by and among the BOARD OF SUPERVISORS OF RUSSELL
COUNTY, VIRGINIA (the “Board”), acting as the governing body of Russell County, Virginia
(the “County”), THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY (the
“Borrower”), and the VIRGINIA RESOURCES AUTHORITY (the “Authority”), as
Administrator of the VIRGINIA WATER SUPPLY REVOLVING FUND (the “Fund”) and as
purchaser of the Local Bonds, as hereinafter defined, pursuant to a Master Financing Agreement
dated as of the date hereof (the “Master Financing Agreement”), between the Authority and the
Borrower.
RECITALS:
WHEREAS, the Borrower was created by the Board pursuant to the Virginia Water and
Waste Authorities Act (Chapter 51, Title 15.2, Code of Virginia of 1950, as amended) and owns
and operates the System in the County;
WHEREAS, the Borrower has previously issued its bonds as described on Exhibit A (the
“Russell PSA Bonds”) pursuant to certain financing agreements, between the Authority, as
Administrator of the Fund, and the Borrower;
WHEREAS, The Castlewood Water and Sewage Authority (“Castlewood WSA”) has
previously issued its bonds as described on Exhibit A (the “Castlewood WSA Bonds”) pursuant to
certain financing agreements, between the Authority, as Administrator of the Fund, and
Castlewood WSA:
WHEREAS, the County of Russell, Virginia (the “County”) has previously issued its bonds
as described on Exhibit A (the “County Bonds”) pursuant to certain financing agreements, between
the Authority, as Administrator of the Fund, and Castlewood WSA;
WHEREAS, the Borrower desires to amend and restate its obligations with respect to the
Russell PSA Bonds, assume the obligations of Castlewood WSA with respect to the Castlewood
WSA Bonds and assume the obligations of the County with respect to the County Bonds;
WHEREAS, the Board adopted on ———Juily 6, 2020, a resolution authorizing,
among other things, the execution of an agreement providing for a non-binding obligation of the
Board to consider certain appropriations in support ofthe Castlewood WSA-Bonds; the County
ds-and-the Russell PSA Bk y;-the*Local Bonds”).
AGREEMENT
NOW, THEREFORE, for and in consideration of the foregoing and of the mutual
covenants herein set forth, the parties hereto agree as follows:


Unless otherwise defined, each capitalized term used in this Support Agreement
shall have the meaning given it in the Master Financing Agreement.


No later than May 15 of each year, beginning May 15, 20__2020, the Borrower
shall notify the Board of the amount (the “Annual Deficiency Amount”) by which the Borrower
reasonably expects the Revenues to be insufficient to pay (i) the debt service obligations under
the Master Financing Agreement, the Local Bonds and any other indebtedness secured by or
payable from the Revenues, including the Existing Parity Bonds set forth on Exhibit H to the
Master Financing Agreement, (ii) the Operation and Maintenance Expense, and (iii) the
Additional Payments in full as and when due during the County’s fiscal year beginning the
following July 1.


The County Administrator of the County (the “County Administrator”) shall


include the Annual Deficiency Amount in his budget submitted to the Board for the following
fiscal year as an amount to be appropriated to or on behalf of the Borrower.  The County
Administrator shall deliver to the Authority within ten days after the adoption of the County’s
budget for each fiscal year, but not later than July 15 of each year, a certificate stating whether
the Board has appropriated to or on behalf of the Borrower an amount equal to the Annual
Deficiency Amount.


If at any time Revenues shall be insufficient to make any of the payments referred
to in paragraph 3 hereof, the Borrower shall notify the County Administrator of the amount of
such insufficiency and the County Administrator shall request a supplemental appropriation from
the Board in the amount necessary to make such payment.


The County Administrator shall present each request for appropriation pursuant to
paragraph 5 above to the Board, and the Board shall consider such request, at the Board’s next
regularly scheduled meeting at which it is possible to satisfy any applicable notification
requirement.  Promptly after such meeting, the County Administrator shall notify the Authority
as to whether the amount so requested was appropriated.  If the Board shall fail to make any such
appropriation, the County Administrator shall add the amount of such requested appropriation to
the Annual Deficiency Amount reported to the County by the County Administrator for the
County’s next fiscal year.


The Board hereby undertakes a non-binding obligation to appropriate such
amounts as may be requested from time to time pursuant to paragraphs 4 and 5 above, to the
fullest degree and in such manner as is consistent with the Constitution and laws of the
Commonwealth of Virginia.  The Board, while recognizing that it is not empowered to make any
binding commitment to make such appropriations in future fiscal years, hereby states its intent to
make such appropriations in future fiscal years, and hereby recommends that future Boards of
Supervisors do likewise.


AGREEMENT
NOW, THEREFORE, for and in consideration of the foregoing and of the mutual
covenants herein set forth, the parties hereto agree as follows:


Unless otherwise defined, each capitalized term used in this Support Agreement
shall have the meaning given it in the Master Financing Agreement.


No later than May 15 of each year, beginning May 15, 26—2020, the Borrower
shall notify the Board of the amount (the “Annual Deficiency Amount”) by which the Borrower
reasonably expects the Revenues to be insufficient to pay (i) the debt service obligations under
the Master Financing Agreement, the Local Bonds and any other indebtedness secured by or
payable from the Revenues, including the Existing Parity Bonds set forth on Exhibit H to the
Master Financing Agreement, (ii) the Operation and Maintenance Expense, and (iii) the
Additional Payments in full as and when due during the County’s fiscal year beginning the
following July 1


The County Administrator of the County (the “County Administrator”) shall
include the Annual Deficiency Amount in his budget submitted to the Board for the following
fiscal year as an amount to be appropriated to or on behalf of the Borrower. The County
Administrator shall deliver to the Authority within ten days after the adoption of the County’s
budget for each fiscal year, but not later than July 15 of each year, a certificate stating whether
the Board has appropriated to or on behalf of the Borrower an amount equal to the Annual
Deficiency Amount.


[fat any time Revenues shall be insufficient to make any of the payments referred
to in paragraph 3 hereof, the Borrower shall notify the County Administrator of the amount of
such insufficiency and the County Administrator shall request a supplemental appropriation from
the Board in the amount necessary to make such payment.


The County Administrator shall present each request for appropriation pursuant to
paragraph 5 above to the Board, and the Board shall consider such request, at the Board’s next
regularly scheduled meeting at which it is possible to satisfy any applicable notification
requirement. Promptly after such meeting, the County Administrator shall notify the Authority
as to whether the amount so requested was appropriated. If the Board shall fail to make any such
appropriation, the County Administrator shall add the amount of such requested appropriation to
the Annual Deficiency Amount reported to the County by the County Administrator for the
County’s next fiscal year.


The Board hereby undertakes a non-binding obligation to appropriate such
amounts as may be requested from time to time pursuant to paragraphs 4 and 5 above, to the
fullest degree and in such manner as is consistent with the Constitution and laws of the
Commonwealth of Virginia. The Board, while recognizing that it is not empowered to make any
binding commitment to make such appropriations in future fiscal years, hereby states its intent to
make such appropriations in future fiscal years, and hereby recommends that future Boards of
Supervisors do likewise.


The Board acknowledges that (i) the Authority would not purchase the Local
Bonds without the security and credit enhancement provided by this Agreement, and (ii) the
Authority is treating this Agreement as a “local obligation” within the meaning of Section 62.1-
199 of the Code of Virginia of 1950, as amended (the “Virginia Code”), which in the event of a
nonpayment hereunder authorizes the Authority to file an affidavit with the Governor that such
nonpayment has occurred pursuant to Section 62.1-216.1 of the Virginia Code.  In purchasing
the Local Bonds, the Authority is further relying on Section 62.1-216.1 of the Virginia Code,
providing that if  the Governor is satisfied that the nonpayment has occurred, the Governor will
immediately make an order directing the Comptroller to withhold all further payment to
the County of all funds, or of any part of them, appropriated and payable by the Commonwealth
of Virginia to the County for any and all purposes, and the Governor will, while the nonpayment
continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of
them as is necessary, to the Authority, so as to cure, or cure insofar as possible, such
nonpayment.


Nothing herein contained is or shall be deemed to be a lending of the credit of the
County to the Borrower, the Authority or to any holder of the Local Bonds or to any other
person, and nothing herein contained is or shall be deemed to be a pledge of the faith and credit
or the taxing power of the County, nor shall anything herein contained legally bind or obligate
the Board to appropriate funds for the purposes described herein.


Any notices or requests required to be given hereunder shall be deemed given if
sent by registered or certified mail, postage prepaid, addressed (i) if to the County, to
____________________137 Highland Drive, Lebanon, Virginia  24266, Attention: County
Administrator, (ii) if to the Borrower, to ____________________137 Highland Drive, Lebanon,
Virginia  24266, Attention:  Chairman, and (iii) if to the Authority, to 1111 East Main Street,
Suite 1920, Richmond, Virginia, 23219, Attention: Executive Director.  Any party may designate
any other address for notices or requests by giving notice.


It is the intent of the parties hereto that this Agreement shall be governed by the
laws of the Commonwealth of Virginia.


This Agreement shall remain in full force and effect until the Local Bonds and all
other amounts payable by the Borrower under the Master Financing Agreement have been paid
in full.


This Agreement may be executed in any number of counterparts, each of which
shall be an original and all of which together shall constitute but one and the same instrument.


[Signature page follows]


The Board acknowledges that (i) the Authority would not purchase the Local
Bonds without the security and credit enhancement provided by this Agreement, and (ii) the
Authority is treating this Agreement as a “local obligation” within the meaning of Section 62.1-
199 of the Code of Virginia of 1950, as amended (the “Virginia Code”), which in the event of a
nonpayment hereunder authorizes the Authority to file an affidavit with the Governor that such
nonpayment has occurred pursuant to Section 62.1-216.1 of the Virginia Code. In purchasing
the Local Bonds, the Authority is further relying on Section 62.1-216.1 of the Virginia Code,
providing that if the Governor is satisfied that the nonpayment has occurred, the Governor will
immediately make an order directing the Comptroller to withhold all further payment to
the County of all funds, or of any part of them, appropriated and payable by the Commonwealth
of Virginia to the County for any and all purposes, and the Governor will, while the nonpayment
continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of
them as is necessary, to the Authority, so as to cure, or cure insofar as possible, such
nonpayment.


Nothing herein contained is or shall be deemed to be a lending of the credit of the
County to the Borrower, the Authority or to any holder of the Local Bonds or to any other
person, and nothing herein contained is or shall be deemed to be a pledge of the faith and credit
or the taxing power of the County, nor shall anything herein contained legally bind or obligate
the Board to appropriate funds for the purposes described herein.


Any notices or requests required to be given hereunder shall be deemed given if
sent by registered or certified mail, postage prepaid, addressed (i) if to the County, to
137 Highland Drive, Lebanon, Virginia 24266, Attention: County
‘Administrator, (ii) if to the Borrower, to ————137 Highland Drive, Lebanon,
Virginia 24266, Attention: Chairman, and (iii) if to the Authority, to 1111 East Main Street,
Suite 1920, Richmond, Virginia, 23219, Attention: Executive Director. Any party may designate
any other address for notices or requests by giving notice.


It is the intent of the parties hereto that this Agreement shall be governed by the
laws of the Commonwealth of Virginia.


This Agreement shall remain in full force and effect until the Local Bonds and all
other amounts payable by the Borrower under the Master Financing Agreement have been paid
in full,


This Agreement may be executed in any number of counterparts, each of which


shall be an original and all of which together shall constitute but one and the same instrument.
[Signature page follows]
IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be
executed in their respective names as of the date first above written.
BOARD OF SUPERVISORS OF RUSSELL COUNTY,
VIRGINIA
By: ____________________________________________
Title: ___________________________________________
THE RUSSELL COUNTY PUBLIC SERVICE
AUTHORITY
By: ____________________________________________
Title: ___________________________________________
VIRGINIA RESOURCES AUTHORITY, as
Administrator of the Virginia Water Supply Revolving
Fund
By: ____________________________________________
Title: ___________________________________________
IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be
executed in their respective names as of the date first above written.
BOARD OF SUPERVISORS OF RUSSELL COUNTY,
VIRGINIA
By:
Title:
THE RUSSELL COUNTY PUBLIC SERVICE
AUTHORITY
By:
Title
VIRGINIA RESOURCES AUTHORITY, as
Administrator of the Virginia Water Supply Revolving
Fund
By:
Title
EXHIBIT A
LOCAL ORIGINAL BONDS
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
[To Be Provided]
“Original Bonds” means, collectively, (a) the following bonds issued by the Borrower
(the “Russell PSA Bonds”):
(1) $99,775 The Russell County Public Service Authority Water Revenue Bond,
Series 2006 (Green Valley Project);
(2) $1,534,941 The Russell County Public Service Authority Revenue Bond, Series
2008A (Big A Mountain Phase II Project);
(3) $325,227 The Russell County Public Service Authority Water Revenue Bond,
Series 2010-A (Back Valley—Big A Mountain Interconnection Project);
(4) $1,059,765 The Russell County Public Service Authority Water Revenue Bond,
Series 2011-A (Green Valley West Water Line Extension Project);
(5) $103,783 The Russell County Public Service Authority Water Revenue Bond,
Series 2011-B  (Long Branch/Strouth Creek/Fuller Mt. Water Line Extension Project);
(6) $700,843 The Russell County Public Service Authority Water Revenue Bond,
Series 2012-A (New Garden/Finney Water Line Extension Project);
(7) $3,537,000 Water Revenue Refunding Bond, Series 2014;
(8) $93,071 Water Revenue Bond, Series 2015 (Mountain Meadows Line Extension
Project);
(9) $294,202 Water Revenue Bond, Series 2016 (iPerl Radio Read Meter
Replacement Project);
(10) $445,925 Water Revenue Bond, Series 2016 (Route 656 East Water Line
Extension Project);
(11) $197,027 Water Revenue Bond, Series 2017 (Thompson Creek/Tunnel Road
Waterline Extension Project); and
(12) $512,023 Water Revenue Bond, Series 2017 (Fincastle Estates Waterline
Extension Project);
and (b) the following bonds issued by the County that have been assumed by the
Borrower (the “County Bonds”):
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
[Fo Be Provided}
“Original Bonds” means, collectively, (a) the following bonds issued by the Borrower
‘the “Russell PSA Bonds”):
(1) —- $99,775 The Russell County Public Service Authority Water Revenue Bond,
Series 2006 (Green Valley Project):
(2) $1,534,941 The Russell County Public Service Authority Revenue Bond, Series
2008A (Big A Mountain Phase II Project);
(3) $325,227 The Russell County Public Service Authority Water Revenue Bond,
Series 2010-A (Back Valley—Big A Mountain Interconnection Project):
(4) $1,059,765 The Russell County Public Service Authority Water Revenue Bond,
Series 2011-A (Green Valley West Water Line Extension Project);
(5) $103,783 The Russell County Public Service Authority Water Revenue Bond,
Series 2011-B (Long Branch/Strouth Creek/Fuller Mt, Water Line Extension Project):
(6) $700,843 The Russell County Public Service Authority Water Revenue Bond,
Series 2012-A (New Garden/Finney Water Line Extension Project):
(2 _ $3,537,000 Water Revenue Refunding Bond, Series 2014;
(8) $93,071 Water Revenue Bond, Series 2015 (Mountain Meadows Line Extension
Project);
(Q) — $294,202 Water Revenue Bond, Series 2016 (iPerl_Radio Read _Meter
Replacement Project);
(10) $445,925 Water Revenue Bond, Series 2016 (Route 656 East_Water Line
Extension Project);
(11) $197,027 Water Revenue Bond, Series 2017 (Thompson Creek/Tunnel Road
Waterline Extension Project); and
(12) $512,023 Water_Revenue Bond, Series 2017(Fincastle_Estates Waterline
Extension Project);
and_(b) the following bonds issued by the County that have been assumed by the
Borrower (the “County Bonds”
(13) $672,000 Russell County Series 1988 Water Revenue Bond (RD Sword’s Creek
Project);
(14) $900,000 Russell County Sewer Revenue Bond, Series 1996 (RD Dante Project);
(15) $119,530 Russell County, Virginia, Water Revenue Bond, Series 1999 (RD Lynn
Springs Project);
(16) $935,690 Russell County Revenue Bond, Series 2001A (Big A Mountain
Project);
(17) $1,678,400 Russell County Revenue Bond, Series 2001B (Belfast Project);
(18) $344,477 Russell County Revenue Bond, Series 2001C (Pine Creek Project);
(19) $822,366 Russell County Revenue Bond, Series 2002A (Swords Creek Public
Service Authority) (Clark’s Valley Project);
(20) $556,538 Russell County Revenue Bond, Series 2005A (Drill Mountain Project);
(21) $91,439 Russell County Revenue Bond, Series 2005B (Clark’s Valley—South
Extension Water Project);
(22) $1,906,717 Russell County Revenue Bond, Series 2005E  (Belfast –Rosedale
Project);
(23) $415,518 Russell County Revenue Bond, Series 2006A (Miller Creek/Frank’s
Hollow/Honeysuckle Lane Project); and
(24) $197,170 Russell County Revenue Bond, Series 2007A (Belfast—Highlands and
Yates Project);
and © the following bonds issued by Castlewood WSA that have been assumed by the
Borrower (the “Castlewood WSA Bonds”):
(25) $350,000 Water Revenue Bond, Series of 2000 (Castlewood Water Project);
(26) $640,000 Water and Sewer Revenue Bond, Series 2001 (Red Oak Ridge Water
Project);
(27) $653,250 Water and Sewer Revenue Bond, Series 2002 (Mew Road Water
Project);
(28) $661,019 Water and Sewer Revenue Bond, Series 2004 (Carbo/Back Valley
Water Project);
(29) $937,300 Water Revenue Bond, Series of 2005 (Dante Rehabilitation Water
Project);


$672,000 Russell County Series 1988 Water Revenue Bond (RD Sword’s Creek
Project):


$900,000 Russell County Sewer Revenue Bond, Series 1996 (RD Dante Project):


$119,530 Russell County. Virginia, Water Revenue Bond, Series 1999 (RD Lynn
Springs Project)


(16) $935,690 Russell County Revenue Bond, Series 2001A (Big A Mountain
Project):
17) $1,678,400 Russell County Revenue Bond, Series 2001B (Belfast Project)
(18) $344,477 Russell County Revenue Bond, Series 2001C (Pine Creek Project)
(19) $822,366 Russell County Revenue Bond, Series 2002A (Swords Creek Public
Service Authority) (Clark’s Valley Project):
(20) $556,538 Russell County Revenue Bond, Series 2005A (Drill Mountain Project):
(21) $91,439 Russell County Revenue Bond, Series 2005B (Clark’s Valley—South
Extension Water Project);
(22) $1,906,717 Russell County Revenue Bond, Series 200S5E (Belfast —Rosedale
Project):
(23) $415,518 Russell County Revenue Bond, Series 2006A (Miller Creck/Frank’s
Hollow/Honeysuckle Lane Project); and
(24) $197,170 Russell County Revenue Bond, Series 2007A (Belfast—Highlands and
Yates Project):
and © the following bonds issued by Castlewood WSA that have been assumed by the
Borrower (the “Castlewood WSA Bonds”):
(25) — $350,000 Water Revenue Bond, Series of 2000 (Castlewood Water Project);
(26) $640,000 Water and Sewer Revenue Bond, Series 2001 (Red Oak Ridge Water
Project);
(27) $653,250 _Water_and Sewer Revenue Bond, Series 2002 (Mew Road Water
Project);
(28) $661,019 Water and Sewer Revenue Bond, Series 2004 (Carbo/Back Valle’
Water Project);
(29) $937,300 Water Revenue Bond, Series of 2005 (Dante Rehabilitation Water
Project);
(30) $299,409 Water and Sewer Revenue Bond, Series 2006 (Seven Springs Water
Project);
(31) $359,813 Water and Sewer Revenue Bond, Series 2008A (Castlewood Heights
Water Project);
(32) $200,400 Water and Sewer Revenue Bond, Series 2008B (Blue Devil Water
Project);
(33) $167,012 Water and Sewer Revenue Bond, Series 2010 (Kingland Heights Water
Project);
(34) $100,000 Water and Sewer Revenue Bond, Series 2011 (Castlewood Phase One
Water Project);
(35) $325,473 Water and Sewer Revenue Bond, Series 2012 (Route 58/Memorial
Drive/Greystone Water Project);
(36) $2,200,000 Sewer Revenue Bond, Series of 2013 (Sewer Phase 1A);
(37) $163,680 Water and Sewer Revenue Bond, Series 2015 (Upper Bear Wallow
Water Project); and
(38) $317,151 Water and Sewer Revenue Bond, Series 2016 (Radio Read Meter
Replacement and Telemetry Installation Project).
G0) $299,409 Water and Sewer Revenue Bond, Series 2006 (Seven Springs Water
Project):
G1) $359,813 Water and Sewer Revenue Bond, Series 2008A (Castlewood Heights
Water Project):
G2) $200,400 Water and Sewer Revenue Bond, Series 2008B (Blue Devil Water
Project):
G3) $167,012 Water and Sewer Revenue Bond, Series 2010 (Kingland Heights Water
Project):
G4) $100,000 Water and Sewer Revenue Bond, Series 2011 (Castlewood Phase One
Water Project):
G5) $325,473 Water and Sewer Revenue Bond, Series 2012 (Route _58/Memorial
Drive/Greystone Water Project):
G6) $2,200,000 Sewer Revenue Bond, Series of 2013 (Sewer Phase 1A);
(37) $163,680 Water and Sewer Revenue Bond, Series 2015 (Upper Bear Wallow
Water Project); and
(38) $317,151 Water and Sewer Revenue Bond, Series 2016 (Radio Read Meter
Replacement and Telemetry Installation Project).
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF A WATER
AND SEWER REVENUE BOND OF THE RUSSELL COUNTY PUBLIC
SERVICE AUTHORITY IN AN AMOUNT NOT TO EXCEED $23,173.29
AND PROVIDING FOR THE FORM, DETAILS, AND PAYMENT OF THE
BOND, AND AUTHORIZING RELATED ACTIONS
The Russell County Public Service Authority (the “Authority”) is a public body politic and
corporate and a political subdivision of the Commonwealth of Virginia duly created pursuant to the
Virginia Water and Waste Authorities Act by the Board of Supervisors of Russell County, Virginia
(the “Board of Supervisors”).
The Authority is authorized to acquire, construct, operate and maintain a water and sewer
system in certain areas of Russell County and to borrow money and to issue its revenue bonds to pay
all or part of the cost of such system.
The Authority has determined it necessary and expedient to authorize the assumption of the
Castlewood Water and Sewage Authority’s $142,481 Water and Sewer Revenue Bond, Series 2002-
B (Dante Sewer Project), previously issued and sold to the Virginia Services Authority, as
Administrator of the Virginia Water Facilities Revolving Fund, in consideration of the Castlewood
Water and Sewage Authority’s  transfer and conveyance to the Authority of the  facilities financed
by such debt, and to issue, as evidence of the assumption of such debt, a water and sewer revenue
bond of the Authority in a maximum principal amount of $23,173.29.
The Virginia Resources Authority (the “VRA”), as Administrator of the Virginia Water
Facilities Revolving Fund, has agreed to the assumption by the Authority of the Castlewood Water
and Sewage Authority’s $142,481 Water and Sewer Revenue Bond, Series 2002-B (Dante Sewer
Project) and the purchase of the Authority’s revenue bond upon certain terms and conditions, and the
Authority, after mature consideration of the condition of the municipal bond market and other
methods of selling its bonds, has determined to satisfy such terms and conditions and award the bond
to the VRA.
BE IT RESOLVED BY THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY:
ARTICLE I
Definitions
Section 1.1. Definitions.  Whenever used in this resolution, unless a different meaning
clearly appears from the context:
“Act” means the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2,
Code of Virginia of 1950, as amended).
“Authority” means The Russell County Public Service Authority, a public body
politic and corporate of the Commonwealth of Virginia duly created pursuant to the Act by the
Board of Supervisors of Russell County, Virginia, and by a certificate of incorporation issued by the
Lonzo Lester
Highlight
The Russell County Public Service Authority (the “Authority”) is a public body politic and
corporate and a political subdivision of the Commonwealth of Virginia duly created pursuant to the
Virginia Water and Waste Authorities Act by the Board of Supervisors of Russell County, Virginia
(the “Board of Supervisors”).
The Authority is authorized to acquire, construct, operate and maintain a water and sewer
system in certain areas of Russell County and to borrow money and to issue its revenue bonds to pay
all or part of the cost of such system.
‘The Authority has determined it necessary and expedient to authorize the assumption of the
Castlewood Water and Sewage Authority’s $142,481 Water and Sewer Revenue Bond, Series 2002-
B (Dante Sewer Project), previously issued and sold to the Virginia Services Authority, as
Administrator of the Virginia Water Facilities Revolving Fund, in consideration of the Castlewood
Water and Sewage Authority’s transfer and conveyance to the Authority of the facilities financed
by such debt, and to issue, as evidence of the assumption of such debt, a water and sewer revenue
bond of the Authority in a maximum principal amount of $23,173.29.
The Virginia Resources Authority (the “VRA”), as Administrator of the Virginia Water
Facilities Revolving Fund, has agreed to the assumption by the Authority of the Castlewood Water
and Sewage Authority’s $142,481 Water and Sewer Revenue Bond, Series 2002-B (Dante Sewer
Project) and the purchase of the Authority’s revenue bond upon certain terms and conditions, and the
Authority, after mature consideration of the condition of the municipal bond market and other
methods of selling its bonds, has determined to satisfy such terms and conditions and award the bond
to the VRA.
BE IT RESOLVED BY THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY:
ARTICLE I
Definitions
Section 1.1. Definitions. Whenever used in this resolution, unless a different meaning
clearly appears from the context:
“Act” means the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2,
Code of Virginia of 1950, as amended).
“Authority” means The Russell County Public Service Authority, a public body
politic and corporate of the Commonwealth of Virginia duly created pursuant to the Act by the
Board of Supervisors of Russell County, Virginia, and by a certificate of incorporation issued by the
State Corporation Commission of Virginia on April 4, 1986, as amended.
“Board of Supervisors” means the Board of Supervisors of the County.
“Bond” means the Authority’s water and sewer revenue bond issued pursuant to this
resolution.
“Closing Date” means the date on which the Bond is delivered to the VRA upon
payment or partial payment of the purchase price for the Bond.
“Consulting Engineer” means the engineering firm or individual engineer as may be
employed by the Authority as Consulting Engineer in accordance with the Financing Agreement.
“County” means Russell County, Virginia.
“Financing Assumption Agreement” means the financing agreement executed by the
Authority and the VRA in accordance with Section 4.1 of this resolution.
“Fund” means the Virginia Water Facilities Revolving Fund acting by and through
the Virginia Resources Authority, its successors and assigns.
“Government” means the United States of America, acting through Rural Utilities
Service, United States Department of Agriculture.
“Master Parity Agreement” means the agreement executed by the Authority, the
VRA, and the Government dated as of July 1, 2020.
“Maximum Amount” means $23,179.29.
“Parity Bonds” means

$672,000 Russell County Series 1988 Water Revenue Bond (RD Sword’s

Creek Project);
2. $900,000 Russell County Sewer Revenue Bond, Series 1996 (RD Dante
Project);
3. $119,530 Russell County, Virginia, Water Revenue Bond, Series 1999 (RD
Lynn Springs Project);
4. $350,000 Water Revenue Bond, Series of 2000 (RD Castlewood Water
Project);
5. $937,300 Water Revenue Bond, Series of 2005 (Dante Rehabilitation Water
Project);
6. $2,200,000 Sewer Revenue Bond, Series of 2013 (Sewer Phase 1A);
7. $6,157,089.73 Water and Sewer Revenue Bond, Series 2020B;

8. $5,901,097.65 Water and Sewer Revenue Bond, Series 2020C; and
9. $418,700 Water and Sewer Revenue Bond, Series 2020D.
State Corporation Commission of Virginia on April 4, 1986, as amended.
“Board of Supervisors” means the Board of Supervisors of the County.
“Bond” means the Authority’s water and sewer revenue bond issued pursuant to this
resolution.
“Closing Date” means the date on which the Bond is delivered to the VRA upon
payment or partial payment of the purchase price for the Bond.
“Consulting Engineer” means the engineering firm or individual engineer as may be
employed by the Authority as Consulting Engineer in accordance with the Financing Agreement.
“County” means Russell County, Virginia.
“Financing Assumption Agreement” means the financing agreement executed by the
Authority and the VRA in accordance with Section 4.1 of this resolution.
“Fund” means the Virginia Water Facilities Revolving Fund acting by and through
the Virginia Resources Authority, its successors and assigns.
“Government” means the United States of America, acting through Rural Utilities
Service, United States Department of Agriculture,
“Master Parity Agreement” means the agreement executed by the Authority, the
VRA, and the Government dated as of July 1, 2020.
“Maximum Amount” means $23,179.29.
“Parity Bonds” means
1 $672,000 Russell County Series 1988 Water Revenue Bond (RD Sword’s
Creek Project);


$900,000 Russell County Sewer Revenue Bond, Series 1996 (RD Dante
Project);


$119,530 Russell County, Virginia, Water Revenue Bond, Series 1999 (RD
Lynn Springs Project):


4, $350,000 Water Revenue Bond, Series of 2000 (RD Castlewood Water
Project);

$937,300 Water Revenue Bond, Series of 2005 (Dante Rehabilitation Water

Project);
$2,200,000 Sewer Revenue Bond, Series of 2013 (Sewer Phase 1A);
$6,157,089.73 Water and Sewer Revenue Bond, Series 2020B:
$5,901,097.65 Water and Sewer Revenue Bond, Series 2020C; and
$418,700 Water and Sewer Revenue Bond, Series 2020D.
eens
“System” means all plants, systems, facilities, equipment or property, of which the
Project constitutes the whole or is a part, owned, operated or maintained by the Authority and used
in connection with the collection, storage, treatment or distribution of water or the collection or
treatment of wastewater.
“Transfer Agreement” means the Transfer Agreement dated as of July 1, 2020 among
the Authority, The Castlewood Water and Sewage Authority, and the County.
“VRA” means the Virginia Resources Authority, a public body corporate and a
political subdivision of the Commonwealth of Virginia, its successors and assigns, as Administrator
of the Fund.
ARTICLE II
Authorization of Project
Section 2.1. The Project.  It is determined to be advisable, necessary and expedient for the
Authority to assume the obligation to pay the Castlewood Water and Sewage Authority’s $142,481
Water and Sewer Revenue Bond, Series 2002-B (Dante Sewer Project), in consideration for the
Authority’s acquisition of the facilities financed by such bond (the “Project”).
ARTICLE III
Authorization, Award, Details, Execution, Form,
Registration and Delivery of Bond
Section 3.1. Authorization of Bond.  Pursuant to the Act, there is authorized to be issued
and sold a water and sewer revenue bond of the Authority in the principal amount not to exceed the
Maximum Amount (the “Bond”), as evidence of the assumption by the Authority of the Castlewood
Water and Sewage Authority’s $142,481 Water and Sewer Revenue Bond, Series 2002-B (Dante
Sewer Project).
Section 3.2. Award of Bond.  After mature consideration of the methods of sale of such
bond and current conditions of the municipal bond market, it is determined that it is in the best
interest of the Authority for the Authority to deliver the Bond the VRA in exchange for the
Castlewood Water and Sewage Authority (the “CWSA”), with the consent of VRA, transferring to
the Authority certain facilities of the CWSA, in accordance with the Transfer Agreement and the
Financing Assumption Agreement.
Section 3.3. Details of Bond.
“System” means all plants, systems, facilities, equipment or property, of which the
Project constitutes the whole or is a part, owned, operated or maintained by the Authority and used
in connection with the collection, storage, treatment or distribution of water or the collection or
treatment of wastewater.
“Transfer Agreement” means the Transfer Agreement dated as of July 1,2020 among
the Authority, The Castlewood Water and Sewage Authority, and the County.
“VRA” means the Virginia Resources Authority, a public body corporate and a
political subdivision of the Commonwealth of Virginia, its successors and assigns, as Administrator
of the Fund.
ARTICLE I
Authorization of Project
Section 2.1. The Project. It is determined to be advisable, necessary and expedient for the
Authority to assume the obligation to pay the Castlewood Water and Sewage Authority’s $142,481
Water and Sewer Revenue Bond, Series 2002-B (Dante Sewer Project), in consideration for the
Authority’s acquisition of the facilities financed by such bond (the “Project”.
ARTICLE II
Authorization, Award, Details, Execution, Form.
Registration and Delivery of Bond
Section 3.1. Authorization of Bond. Pursuant to the Act, there is authorized to be issued
and sold a water and sewer revenue bond of the Authority in the principal amount not to exceed the
Maximum Amount (the “Bond”), as evidence of the assumption by the Authority of the Castlewood
Water and Sewage Authority’s $142,481 Water and Sewer Revenue Bond, Series 2002-B (Dante
Sewer Project).
Section 3.2. Award of Bond. Afier mature consideration of the methods of sale of such
bond and current conditions of the municipal bond market, it is determined that it is in the best
interest of the Authority for the Authority to deliver the Bond the VRA in exchange for the
Castlewood Water and Sewage Authority (the “CWSA”), with the consent of VRA, transferring to
the Authority certain facilities of the CWSA, in accordance with the Transfer Agreement and the
Financing Assumption Agreement.
Section 3.3. Details of Bond.
(a)   The Bond shall bear an appropriate designation as determined by either of the
Chairman or Vice-Chairman of the Authority, each of whom is authorized to provide the designation
for the Bond in order to appropriately identify it.    The Bond shall be issued as a single, fully
registered bond without coupons, shall be dated the Closing Date, shall be numbered R-1, shall bear
interest at a rate not to exceed three percent (3.00%) per annum. The principal of and interest on the
Bond shall be in the amount and shall be payable semi-annually in the amounts and on the dates
established in accordance with subsection (b) below.
(b) Each of the Chairman or Vice-Chairman of the Authority is authorized and
directed to determine the principal amount of the Bond and to accept the dates on which, and the
amounts in which, principal of and interest on the Bond will be due, as established by the VRA
before the Closing Date; provided, however, that the principal amount of the Bond shall not exceed
the Maximum Amount, and the final maturity of the Bond shall be no greater than ten (10) years
after the Closing Date.  The execution and delivery of the Bond as described in Section 3.4 and
Section 3.7 of this resolution shall conclusively evidence such principal amount and payment dates
and amounts established by VRA as having been so accepted as authorized by this Resolution.

Principal of and interest on the Bond shall be payable in lawful money of the United States of
America.
Section 3.4. Execution of Bond.  The Bond shall be signed by the Chairman or Vice
Chairman of the Authority, and the Authority’s seal shall be affixed to the Bond and attested by the
Authority’s Secretary.
Section 3.5. Form of Bond.  The Bond shall be in substantially the following form, with
such variations, insertions and omissions as shall be consistent with this resolution, the execution
and delivery of the Bond constituting conclusive evidence that any variations, insertions and
omissions are so consistent:
[To be completed at Closing—Form of Bond only]
No. R-1 $[amount]
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
Water and Sewer Revenue Bond, Series 2020A
Dated [date]
The Russell County Public Service Authority, a political subdivision of the Commonwealth of
Virginia (the “Authority”), for value received, promises to pay, solely from the revenues described
and pledged in the Financing Agreement, as defined below, to the payment of this Bond, to the order
of the Virginia Resources Authority (the “VRA”), as Administrator of the Virginia Water Facilities
(a) The Bond shall bear an appropriate designation as determined by either of the
Chairman or Vice-Chairman of the Authority, each of whom is authorized to provide the designation
for the Bond in order to appropriately identify it. ‘The Bond shall be issued as a single, fully
registered bond without coupons, shali be dated the Closing Date, shall be numbered R-1, shall bear
interest at a rate not to exceed three percent (3.00%) per annum. The principal of and interest on the
Bond shall be in the amount and shall be payable semi-annually in the amounts and on the dates
established in accordance with subsection (b) below.
(b) Each of the Chairman or Vice-Chairman of the Authority is authorized and
directed to determine the principal amount of the Bond and to accept the dates on which, and the
amounts in which, principal of and interest on the Bond will be due, as established by the VRA
before the Closing Date; provided, however, that the principal amount of the Bond shall not exceed
the Maximum Amount, and the final maturity of the Bond shall be no greater than ten (10) years
after the Closing Date. The execution and delivery of the Bond as described in Section 3.4 and
Section 3.7 of this resolution shall conclusively evidence such principal amount and payment dates
and amounts established by VRA as having been so accepted as authorized by this Resolution.
Principal of and interest on the Bond shall be payable in lawful money of the United States of
‘America.
Section 3.4. Execution of Bond. The Bond shall be signed by the Chairman or Vice
Chairman of the Authority, and the Authority’s seal shall be affixed to the Bond and attested by the
Authority’s Secretary.
Section 3.5. Form of Bond. The Bond shall be in substantially the following form, with
such variations, insertions and omissions as shall be consistent with this resolution, the execution
and delivery of the Bond constituting conclusive evidence that any variations, insertions and
“omissions are so consistent:
{To be completed at Closing—Form of Bond only]
No. R-l ${amount]
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
Water and Sewer Revenue Bond, Series 2020A.
Dated [date]
The Russell County Public Service Authority, a political subdivision of the Commonwealth of
Virginia (the “Authority”), for value received, promises to pay, solely from the revenues described
and pledged in the Financing Agreement, as defined below, to the payment of this Bond, to the order
of the Virginia Resources Authority (the “VRA”), as Administrator of the Virginia Water Facilities
Revolving Fund (the “Fund”), or registered assigns, the principal sum equal to the aggregate amount
of principal advances shown on the attached Schedule of Principal Advances, but not to exceed the
sum of
[amount] DOLLARS
($[amount])
with interest on the unpaid principal from the date of each principal advance shown on the attached
Certificate of Principal Advances until payment of the entire principal sum at the annual rate of three
percent (3.00%).
The principal of and interest on this Bond shall be due and payable as follows:
Interest only on all amounts disbursed under the Bond shall be due and payable on [date].

Commencing [date], and continuing semi-annually thereafter on [month] 1 and [month] 1 in each
year, principal and interest due under the Bond shall be due and payable in equal installments of
$[amount], with a final installment of $[amount] due and payable on [date], when if not sooner paid,
all amounts due under this Bond shall be due and payable in full.  Each installment shall be applied
first to payment of interest accrued and unpaid to the payment date and then to principal.  If principal
advances up to the maximum authorized amount are not made, the principal amount due on this
Bond shall not include such undisbursed amount.  However, unless the Authority and VRA agree
otherwise in writing, until all payments due hereunder shall have been paid in full, less than full
disbursement of the maximum authorized amount of this Bond shall not postpone the due date of any
semi-annual installment due hereunder or change the amount of such installment unless the principal
amount due under this Bond is less than the amount of such installment.
In addition, if any installment of principal of or interest on this Bond is not received by the
registered owner of this Bond within ten (10) days from its due date, the Authority shall pay to the
registered owner of this Bond a late payment charge in the amount equal to five percent (5.00%) of
such overdue installment.  Principal of and interest on this Bond are payable in lawful money of the
United States.
Neither the faith and credit of the Commonwealth of Virginia nor the faith and credit
of any county, city, town or other political subdivision of the Commonwealth of Virginia are
pledged to the payment of the principal of or interest on this Bond.
This Bond has been authorized by a resolution duly adopted by the Authority on July 21,
2020 (the “Bond Resolution”) and is issued pursuant to the Virginia Water and Waste Authorities
Act (Chapter 51, Title 15.2, Code of Virginia of 1950, as amended) (the “Act”), and pursuant to the
terms of a Financing Assumption Agreement dated as of July 1, 2020 between the VRA, as
Administrator of the Virginia Water Facilities Revolving Fund, and the Authority (the “Financing
Assumption Agreement”) to evidence the assumption of a loan made by the VRA to the Castlewood
Water and Sewage Authority (the “CWSA”) in consideration of the transfer to the Authority of the
CWSA’s facilities originally financed by such loan.  Reference is made to the Bond Resolution and
the Financing Assumption Agreement and any amendments to it for the provisions, among others,
describing the pledge and covenants securing this Bond, the nature and extent of the security, the
Revolving Fund (the “Fund”, or registered assigns, the principal sum equal to the aggregate amount
of principal advances shown on the attached Schedule of Principal Advances, but not to exceed the
sum of
[amount] DOLLARS
(S{amount])
with interest on the unpaid principal from the date of each principal advance shown on the attached
Certificate of Principal Advances until payment of the entire principal sum at the annual rate of three
percent (3.00%).
The principal of and interest on this Bond shall be due and payable as follows:
Interest only on all amounts disbursed under the Bond shall be due and payable on [date].
‘Commencing [date], and continuing semi-annually thereafter on [month] | and [month] | in each
year, principal and interest due under the Bond shall be due and payable in equal installments of
S[amount], with a final installment of $[amount] due and payable on [date], when if not sooner paid,
all amounts due under this Bond shall be due and payable in full. Each installment shall be applied
first to payment of interest accrued and unpaid to the payment date and then to principal. If principal
advances up to the maximum authorized amount are not made, the principal amount due on this
Bond shall not include such undisbursed amount. However, unless the Authority and VRA agree
otherwise in writing, until all payments due hereunder shall have been paid in full, less than full
disbursement of the maximum authorized amount of this Bond shall not postpone the due date of any
semi-annual installment due hereunder or change the amount of such installment unless the principal
amount due under this Bond is less than the amount of such installment.
In addition, if any installment of principal of or interest on this Bond is not received by the
registered owner of this Bond within ten (10) days from its due date, the Authority shall pay to the
registered owner of this Bond a late payment charge in the amount equal to five percent (5.00%) of
such overdue installment, Principal of and interest on this Bond are payable in lawful money of the
United States.
Neither the faith and credit of the Commonwealth of Virginia nor the faith and credit
of any county, city, town or other political subdivision of the Commonwealth of Virginia are
pledged to the payment of the principal of or interest on this Bond.
This Bond has been authorized by a resolution duly adopted by the Authority on July 21,
2020 (the “Bond Resolution”) and is issued pursuant to the Virginia Water and Waste Authorities
‘Act (Chapter 51, Title 15.2, Code of Virginia of 1950, as amended) (the “Act”), and pursuant to the
terms of a Financing Assumption Agreement dated as of July 1, 2020 between the VRA, as
Administrator of the Virginia Water Facilities Revolving Fund, and the Authority (the “Financing
Assumption Agreement”) to evidence the assumption of a loan made by the VRA to the Castlewood
Water and Sewage Authority (the “CWSA”) in consideration of the transfer to the Authority of the
CWSA’s facilities originally financed by such loan. Reference is made to the Bond Resolution and
the Financing Assumption Agreement and any amendments to it for the provisions, among others,
describing the pledge and covenants securing this Bond, the nature and extent of the security, the
terms and conditions upon which this Bond is issued, the rights and obligations of the Authority and
the rights of the bondholder.  Capitalized terms used in this Bond and not otherwise defined have the
meanings given them in the Financing Assumption Agreement.
Principal of and interest on this Bond are payable solely from the revenues of the System
pledged to the payment of them in the Financing Assumption Agreement and from amounts, if any,
received pursuant to the Support Agreement, as defined in the Bond Resolution.
In accordance with the Financing Assumption Agreement, the lien of the pledge of revenues
securing the payment of the principal of and interest on this Bond is and shall be on parity with the
lien of any pledge of revenues securing the Existing Parity Bonds as defined in the Financing
Assumption Agreement.
No notation is required to be made on this Bond of the payment of any principal on normal
installment payment dates or of any prepayments of principal.  HENCE, THE FACE AMOUNT OF
THIS BOND MAY EXCEED THE PRINCIPAL SUM REMAINING OUTSTANDING AND DUE
HEREUNDER.
Transfer of this Bond may be registered upon the registration books of the Bond Registrar.

Prior to due presentment for registration of transfer the Bond Registrar shall treat the registered
owner as the person exclusively entitled to payment of principal of and interest on this Bond  and the
exercise of all other rights and powers of the owner.
This Bond is subject to optional prepayment to the extent and on the terms set forth in the
Financing Agreement.
If an Event of Default (as defined in the Financing Assumption Agreement) occurs, the
principal of and interest on this Bond may be declared immediately due and payable by the holder by
written notice to the Authority.
Notwithstanding anything in this Bond to the contrary, in addition to the payments of the
principal and interest provided for by this Bond, the Authority shall also pay such additional
amounts, if any, which may be necessary to provide for payment in full of all amounts due under the
Financing Assumption Agreement.
All acts, conditions and things required by the Constitution and statutes of the
Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this
Bond have happened, exist and have been performed.
IN WITNESS WHEREOF, the Authority has caused this Bond to be signed by the Chairman
of the Authority, its seal to be affixed this Bond and attested by the Secretary of the Authority, and
this Bond to be dated the date first shown above.
terms and conditions upon which this Bond is issued, the rights and obligations of the Authority and
the rights of the bondholder. Capitalized terms used in this Bond and not otherwise defined have the
meanings given them in the Financing Assumption Agreement.
Principal of and interest on this Bond are payable solely from the revenues of the System
pledged to the payment of them in the Financing Assumption Agreement and from amounts, if any,
received pursuant to the Support Agreement, as defined in the Bond Resolution,
Inaccordance with the Financing Assumption Agreement, the lien of the pledge of revenues
securing the payment of the principal of and interest on this Bond is and shall be on parity with the
lien of any pledge of revenues securing the Existing Parity Bonds as defined in the Financing
Assumption Agreement,
No notation is required to be made on this Bond of the payment of any principal on normal
installment payment dates or of any prepayments of principal. HENCE, THE FACE AMOUNT OF
THIS BOND MAY EXCEED THE PRINCIPAL SUM REMAINING OUTSTANDING AND DUE
HEREUNDER.
Transfer of this Bond may be registered upon the registration books of the Bond Registrar.
Prior to due presentment for registration of transfer the Bond Registrar shall treat the registered
‘owner as the person exclusively entitled to payment of principal of and interest on this Bond and the
exercise of all other rights and powers of the owner.
This Bond is subject to optional prepayment to the extent and on the terms set forth in the
Financing Agreement.
If an Event of Default (as defined in the Financing Assumption Agreement) occurs, the
principal of and interest on this Bond may be declared immediately due and payable by the holder by
written notice to the Authority.
Notwithstanding anything in this Bond to the contrary, in addition to the payments of the
principal and interest provided for by this Bond, the Authority shall also pay such additional
amounts, ifany, which may be necessary to provide for payment in full of all amounts due under the
Financing Assumption Agreement.
All acts, conditions and things required by the Constitution and statutes of the
‘Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this
Bond have happened, exist and have been performed.
IN WITNESS WHEREOR, the Authority has caused this Bond to be signed by the Chairman
of the Authority, its seal to be affixed this Bond and attested by the Secretary of the Authority, and
this Bond to be dated the date first shown above.
(SEAL)
ATTEST:
[NOT FOR SIGNATURE]

Secretary, The Russell County Public Service
Authority
[NOT FOR SIGNATURE]

Chairman, The Russell County Public Service
Authority
SCHEDULE OF PRINCIPAL ADVANCES
The amount and date of principal advances not to exceed the face amount hereof shall be
entered hereon by an authorized officer of the VRA, when the proceeds of each such principal
advance are delivered to the Authority.
Amount
Date
Authorized Signature
[End of Bond Form]
Upon request of the VRA, the Authority shall arrange to have prepared, executed,
authenticated and delivered in exchange as soon as practicable bonds in printed form in an aggregate
principal amount equal to the unpaid principal of the Bond in typewritten form, in denominations of
$5,000 and multiples of $5,000, except for one bond which may be issued in an odd denomination of
not less than $5,000, of the same form and maturity and registered in such names as requested by the
VRA or its duly authorized attorney or legal representative.  The typewritten bond surrendered in
any such exchange shall be canceled.
Section 3.6. Registration and Exchange of Bond.  Transfer of the Bond may be registered
upon books maintained for that purpose at the office of the Registrar.  Prior to due presentment for
registration of transfer the Registrar shall treat the registered owner as the person exclusively entitled
to payment of principal and the exercise of all other rights and powers of the owner.
Section 3.7. Delivery of Bond.  The Chairman and Vice Chairman and the Secretary of the
Authority are authorized and directed to take all proper steps to have the Bond prepared and
executed in accordance with its terms and to deliver the Bond to the VRA in accordance with the
terms of the Financing Assumption Agreement.
Section 3.8. Mutilated, Lost, Stolen or Destroyed Bond.  If the Bond has been mutilated,
lost, stolen, or destroyed, the Authority shall execute and deliver a new Bond of like date and tenor
(SEAL)
ATTEST:
[NOT FOR SIGNATURE] [NOT FOR SIGNATURE]
Secretary, The Russell County Public Service Chairman, The Russell County Public Service
Authority Authority
SCHEDULE OF PRINCIPAL ADVANCES
‘The amount and date of principal advances not to exceed the face amount hereof shall be
entered hereon by an authorized officer of the VRA, when the proceeds of each such principal
advance are delivered to the Authority.
Amount Date Authorized Signature
[End of Bond Form]
Upon request of the VRA, the Authority shall arrange to have prepared, executed,
authenticated and delivered in exchange as soon as practicable bonds in printed form in an aggregate
principal amount equal to the unpaid principal of the Bond in typewritten form, in denominations of
$5,000 and multiples of $5,000, except for one bond which may be issued in an odd denomination of
not less than $5,000, of the same form and maturity and registered in such names as requested by the
VRA or its duly authorized attorney or legal representative. The typewritten bond surrendered in
any such exchange shall be canceled.
Section 3.6. Registration and Exchange of Bond. Transfer of the Bond may be registered
upon books maintained for that purpose at the office of the Registrar. Prior to due presentment for
registration of transfer the Registrar shall treat the registered owner as the person exclusively entitled
to payment of principal and the exercise of all other rights and powers of the owner.
Section 3.7. Delivery of Bond. The Chairman and Vice Chairman and the Secretary of the
Authority are authorized and directed to take all proper steps to have the Bond prepared and
executed in accordance with its terms and to deliver the Bond to the VRA in accordance with the
terms of the Financing Assumption Agreement.
Section 3.8. Mutilated, Lost, Stolen or Destroyed Bond. If the Bond has been mutilated,
lost, stolen, or destroyed, the Authority shall execute and deliver a new Bond of like date and tenor
in exchange and substitution for, and upon delivery to the Treasurer and cancellation of, such
mutilated Bond, or in lieu of and in substitution for such lost, stolen, or destroyed Bond; provided,
however, that the Authority shall execute, authenticate, and deliver a new Bond only if its registered
owner has paid the reasonable expenses and charges of the Authority in connection therewith and, in
the case of a lost, stolen, or destroyed Bond (i) has filed with the Registrar evidence satisfactory to
him or her that such Bond was lost, stolen, or destroyed and that the holder of the Bond was its
registered owner and (ii) has furnished to the Authority indemnity satisfactory to the Registrar.  If
the Bond has matured, instead of issuing a new Bond, the Authority may pay the Bond without
surrender upon receipt of the aforesaid evidence and indemnity.
ARTICLE IV
Financing Agreement, Support Agreement, Master Parity Agreement, and Revenues
Section 4.1. Authorization of Financing Agreement, Support Agreement, Master Parity
Agreement, and Other Matters.  The Financing Assumption Agreement between the VRA and the
Authority (the “Financing Assumption Agreement”), the Support Agreement among the Authority,
the County, and the VRA, and the Master Parity Agreement (collectively, the “Financing
Documents”), the forms of which have been presented to the Authority at this meeting and filed with
the records of the Authority, are approved.  Each of the Chairman and Vice-Chairman of the
Authority is authorized to execute and deliver on behalf of the Authority the Financing Documents
in substantially the forms submitted to the Authority, with such changes, insertions or omissions as
may be approved by the Chairman or Vice-Chairman, whose approval shall be evidenced
conclusively by the execution and delivery of each of the Financing Documents.  The Chairman, the
Vice-Chairman, the Secretary and any other officer of the Authority are authorized to execute and
deliver on behalf of the Authority such other instruments, documents or certificates, and to do and
perform such things and acts, as they shall deem necessary or appropriate to carry out the
transactions authorized by this resolution or contemplated by the Bond, and the Financing
Documents, and all of the foregoing, previously done or performed by such officers of the Authority,
are in all respects approved, ratified and confirmed.
Section 4.2. Pledge of Revenues.  To the extent and on the terms provided in the Financing
Assumption Agreement, revenues derived from the System shall be pledged to the payment of the
principal of and interest on the Bond.  Such pledge shall be on parity with the pledge of such
revenues securing the payment of the Parity Bonds.
Section 4.3 Transfer Agreement.  The Authority confirms its approval of the Transfer
Agreement, the form of which has been presented to the Authority at this meeting and filed with the
records of the Authority.  Each of the Chairman and Vice-Chairman of the Authority is authorized to
execute and deliver on behalf of the Authority the Transfer Agreement in substantially the form
submitted to the Authority, with such changes, insertions or omissions as may be approved by the
Chairman or Vice-Chairman, whose approval shall be evidenced conclusively by the execution and
delivery of the Transfer Agreement.  The Chairman, the Vice-Chairman, the Secretary and any other
officer of the Authority are authorized to execute and deliver on behalf of the Authority such other
instruments, documents or certificates, and to do and perform such things and acts, as they shall
deem necessary or appropriate to carry out the transactions authorized by this resolution or
contemplated by the Transfer Agreement, and all of the foregoing, previously done or performed by
in exchange and substitution for, and upon delivery to the Treasurer and cancellation of, such
mutilated Bond, or in lieu of and in substitution for such lost, stolen, or destroyed Bond; provided,
however, that the Authority shall execute, authenticate, and deliver a new Bond only ifits registered
‘owner has paid the reasonable expenses and charges of the Authority in connection therewith and, in
the case of a lost, stolen, or destroyed Bond (i) has filed with the Registrar evidence satisfactory to
him or her that such Bond was lost, stolen, or destroyed and that the holder of the Bond was its
registered owner and (ii) has furnished to the Authority indemnity satisfactory to the Registrar. If
the Bond has matured, instead of issuing a new Bond, the Authority may pay the Bond without
surrender upon receipt of the aforesaid evidence and indemnity.
ARTICLE IV
Financing Agreement, Support Agreement, Master Parity Agreement, and Revenues
Section 4.1, Authorization of Financing Agreement, Support Agreement, Master Parity
Agreement, and Other Matters, The Financing Assumption Agreement between the VRA and the
Authority (the “Financing Assumption Agreement”), the Support Agreement among the Authority,
the County, and the VRA, and the Master Parity Agreement (collectively, the “Financing
Documents”), the forms of which have been presented to the Authority at this meeting and filed with
the records of the Authority, are approved. Each of the Chairman and Vice-Chairman of the
Authority is authorized to execute and deliver on behalf of the Authority the Financing Documents
in substantially the forms submitted to the Authority, with such changes, insertions or omissions as
may be approved by the Chairman or Vice-Chairman, whose approval shall be evidenced
conclusively by the execution and delivery of each of the Financing Documents. The Chairman, the
Vice-Chairman, the Secretary and any other officer of the Authority are authorized to execute and
deliver on behalf of the Authority such other instruments, documents or certificates, and to do and
perform such things and acts, as they shall deem necessary or appropriate to carry out the
transactions authorized by this resolution or contemplated by the Bond, and the Financing
Documents, and all of the foregoing, previously done or performed by such officers of the Authority,
are in all respects approved, ratified and confirmed.
Section 4.2. Pledge of Revenues. To the extent and on the terms provided in the Financing
Assumption Agreement, revenues derived from the System shall be pledged to the payment of the
principal of and interest on the Bond. Such pledge shall be on parity with the pledge of such
revenues securing the payment of the Parity Bonds.
Section 4.3 Transfer Agreement. The Authority confirms its approval of the Transfer
Agreement, the form of which has been presented to the Authority at this meeting and filed with the
records of the Authority. Each of the Chairman and Vice-Chairman of the Authority is authorized to
execute and deliver on behalf of the Authority the Transfer Agreement in substantially the form
submitted to the Authority, with such changes, insertions or omissions as may be approved by the
Chairman or Vice-Chairman, whose approval shall be evidenced conclusively by the execution and
delivery of the Transfer Agreement. The Chairman, the Vice-Chairman, the Secretary and any other
officer of the Authority are authorized to execute and deliver on behalf of the Authority such other
instruments, documents or certificates, and to do and perform such things and acts, as they shall
deem necessary or appropriate to carry out the transactions authorized by this resolution or
contemplated by the Transfer Agreement, and all of the foregoing, previously done or performed by
such officers of the Authority, are in all respects approved, ratified and confirmed.
ARTICLE V
Miscellaneous
Section 5.1. Contract with Bondholder.  The provisions of this resolution shall constitute a
contract between the Authority and the holder of the Bond for so long as the Bond is outstanding.
Section 5.2. Authority of Officers and Agents.  The officers and agents of the Authority
shall do all acts and things required of them by this resolution, the Bond, the Financing Agreement,
the Support Agreement, and the Act for the complete and punctual performance of all the terms,
covenants and agreements contained therein.
Section 5.3. Limitation of Rights.  Nothing expressed or mentioned in or to be implied
from this resolution or the Bond is intended or shall be construed to give to any person or company
other than the parties hereto and the holder of the Bond any legal or equitable right, remedy or claim
under or in respect to this resolution or any covenants, conditions and agreements herein contained;
this resolution and all of the covenants, conditions and agreements hereof being intended to be and
being for the sole and exclusive benefit of the parties hereto and the holder of the Bond as herein
provided.
Section 5.4. Limitation of Liability of Officials of Authority.  No covenant, condition or
agreement contained herein shall be deemed to be a covenant, agreement or obligation of a present
or future member, officer, employee or agent of the Authority in his individual capacity, and neither
the members of the Authority nor any officer thereof executing the Bond shall be liable personally
on the Bond or be subject to any personal liability or accountability by reason of the issuance
thereof.  No member, officer, employee or agent of the authority shall incur any personal liability
with respect to any other action taken by him pursuant to this resolution or the Act, provided he acts
in good faith.
Section 5.5. Trust Funds. In accordance with Section 15.2-5140 of the Act, any officer to
whom, or any bank, trust company or other fiscal agent to which, moneys received pursuant to the
Act are paid shall act as trustee of such moneys and shall hold and apply the same for the purposes
provided in the Act, subject to such regulations as this resolution or the Financing Agreement may
provide.
Section 5.6. Conditions Precedent.  Upon the issuance of the Bond, all acts, conditions and
things required by the Constitution and statutes of the Commonwealth of Virginia or this resolution
to happen, exist and to be performed precedent to or in the issuance of such Bond shall have
happened, exist and have been performed.
Section 5.7. Severability.  If any court of competent jurisdiction shall hold any provision
of this resolution to be invalid or unenforceable, such holding shall not invalidate any other
provision of this resolution.
such officers of the Authority, are in all respects approved, ratified and confirmed.
ARTICLE V
Miscellaneous
Section 5.1. _ Contract with Bondholder. The provisions of this resolution shall constitute a
contract between the Authority and the holder of the Bond for so long as the Bond is outstanding.
Section 5.2. Authority of Officers and Agents. The officers and agents of the Authority
shall do all acts and things required of them by this resolution, the Bond, the Financing Agreement,
the Support Agreement, and the Act for the complete and punctual performance of all the terms,
covenants and agreements contained therein.
Section 5.3. Limitation of Rights. Nothing expressed or mentioned in or to be implied
from this resolution or the Bond is intended or shall be construed to give to any person or company
other than the parties hereto and the holder of the Bond any legal or equitable right, remedy or claim
under or in respect to this resolution or any covenants, conditions and agreements herein contained;
this resolution and all of the covenants, conditions and agreements hereof being intended to be and
being for the sole and exclusive benefit of the parties hereto and the holder of the Bond as herein
provided.
Section 5.4. Limitation of Liability of Officials of Authority. No covenant, condition or
agreement contained herein shall be deemed to be a covenant, agreement or obligation of a present
or future member, officer, employee or agent of the Authority in his individual capacity, and neither
the members of the Authority nor any officer thereof executing the Bond shall be liable personally
on the Bond or be subject to any personal liability or accountability by reason of the issuance
thereof. No member, officer, employee or agent of the authority shall incur any personal liability
with respect to any other action taken by him pursuant to this resolution or the Act, provided he acts
in good faith.
Section 5.5. Trust Funds. Inaccordance with Section 15.2-5140 of the Act, any officer to
whom, or any bank, trust company or other fiscal agent to which, moneys received pursuant to the
‘Act are paid shall act as trustee of such moneys and shall hold and apply the same for the purposes
provided in the Act, subject to such regulations as this resolution or the Financing Agreement may
provide,
Section 5.6. Conditions Precedent. Upon the issuance of the Bond, all acts, conditions and
things required by the Constitution and statutes of the Commonwealth of Virginia or this resolution
to happen, exist and to be performed precedent to or in the issuance of such Bond shall have
happened, exist and have been performed.
Section 5.7. Severability. If any court of competent jurisdiction shall hold any provision
of this resolution to be invalid or unenforceable, such holding shall not invalidate any other
provision of this resolution.
Section 5.8. Successors and Assigns.  All the covenants, stipulations, promises and
agreements of the Authority contained in this resolution shall bind and inure to the benefit of its
successors and assigns, whether so expressed or not.
Section 5.9. Headings.  Any headings in this resolution are solely for convenience of
reference and shall not constitute a part of the resolution nor shall they affect its meaning,
construction or effect.
Section 5.10 Filing of Resolution.  The Secretary of the Authority is directed to file a
certified copy of this resolution with the Circuit Court of Russell County, Virginia, pursuant to
Section 15.2-5126 of the Act.
Section 5.11. Effective Date.  This resolution shall take effect immediately.
Section 5.8. Successors and Assigns. All the covenants, stipulations, promises and
agreements of the Authority contained in this resolution shall bind and inure to the benefit of its
successors and assigns, whether so expressed or not.
Section 5.9. Headings, Any headings in this resolution are solely for convenience of
reference and shall not constitute a part of the resolution nor shall they affect its meaning,
construction or effect.
Section 5.10 Filing of Resolution. The Secretary of the Authority is directed to file a
certified copy of this resolution with the Circuit Court of Russell County, Virginia, pursuant to
Section 15.2-5126 of the Act.
Section 5.11. Effective Date. This resolution shall take effect immediately.

The undersigned Secretary of The Russell County Public Service Authority (the
“Authority”), certifies that the foregoing constitutes a true and correct copy of a resolution duly
adopted at a meeting of the Authority held on July __, 2020.  I further certify that such meeting was
a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a
quorum was present.  I further certify that the minutes of such meeting reflect the attendance of the
members and the voting on the foregoing resolution as follows:
Member Attendance Vote
Carter McGlothlin, Chair

Clifford Hess, Vice-Chair
Chris Dye

Terry Powers
Joe Huff

David Edmonds, Jr.
WITNESS MY HAND and the seal of The Russell County Public Service Authority, this __
day of July, 2020.
(SEAL)

Secretary, The Russell County Public Service
Authority
#13164201
016049.0009
see
The undersigned Secretary of The Russell County Public Service Authority (the
“Authority”), certifies that the foregoing constitutes a true and correct copy of a resolution duly
adopted at a meeting of the Authority held on July __, 2020. 1 further certify that such meeting was
a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a
quorum was present. I further certify that the minutes of such meeting reflect the attendance of the
members and the voting on the foregoing resolution as follows:
Member
Attendance
Vote
Carter McGlothlin, Chair
Clifford Hess, Vice-Chair
Chris Dye
Terry Powers
Joe Huff
David Edmonds, Jr.
WITNESS MY HAND and the seal of The Russell County Public Service Authority, this __
day of July, 2020.
(SEAL)
13164201
(016049,0009
Secretary, The Russell County Public Service
Authority
Page 1 of 10
TRANSFER AGREEMENT
This Transfer Agreement is dated as of  the ___ day of July, 2020, by and between
THE CASTLEWOOD WATER AND SEWAGE AUTHORITY, a political subdivision
of the Commonwealth of Virginia (the CWSA), RUSSELL COUNTY, VIRGINIA, a
political subdivision of the Commonwealth of Virginia (the County), and THE RUSSELL
COUNTY PUBLIC SERVICE AUTHORITY, a political subdivision of the
Commonwealth of Virginia (the RCPSA).
The CWSA has been created pursuant to the Virginia Water and Waste Authorities
Act (the Act) for the purpose of acquiring, operating and maintaining a water and sewer
system in Russell County, Virginia.
The CWSA has owned and operated a water and sewer system in the County (the
CWSA System).
The CWSA has financed the cost of the System through the issuance by the CWSA of
its Bonds, see Exhibit A, to the United States of America (the Government) and to the
Virginia Resources Authority, as Administrator of the Virginia Water Supply Revolving
Fund (the VRA).
The County also currently owns and operates a water and sewer System in the County
(the County System).
The County has financed the cost of the County System through the issuance by the
County of its Bonds, see Exhibit A, to the United States of America (the Government) and to
the Virginia Resources Authority, as Administrator of the Virginia Water Supply Revolving
Fund, and as Administrator of the Virginia Water Facilities Revolving Fund (the VRA).
The RCPSA has been created pursuant to the Act for the purpose of acquiring,
operating and maintaining a water and sewer system in Russell County, Virginia.
The RCPSA currently owns and operates a water and sewer system in the County (the
RCPSA System).
The RCPSA has financed the cost of the System through the issuance by the RCPSA
of its Bonds, see Exhibit A, to the Virginia Resources Authority, as Administrator of the
Virginia Water Supply Revolving Fund (the VRA).
The CWSA joined the RCPSA by Certificate of Joinder issued June 24, 2019, under
which process it was agreed the CWSA System would be transferred to the RCPSA and the
CWSA Bonds would be assumed by the RCPSA.
In connection with the refinancing of the CWSA Bonds and the County Bonds by the
RCPSA’s assumption thereof, the CWSA and the County now wish to provide for the
Lonzo Lester
Highlight
Lonzo Lester
Highlight
The CWSA has been created pursuant to the Virginia Water and Waste Authorities
Act (the Act) for the purpose of acquiring, operating and maintaining a water and sewer
system in Russell County, Virgi
The CWSA has owned and operated a water and sewer system in the County (the
CWSA System).
The CWSA has financed the cost of the System through the issuance by the CWSA of
its Bonds, see Exhibit A, to the United States of America (the Government) and to the
Virginia Resources Authority, as Administrator of the Virginia Water Supply Revolving
Fund (the VRA).
The County also currently owns and operates a water and sewer System in the County
(the County System).
‘The County has financed the cost of the County System through the issuance by the
County of its Bonds, see Exhibit A, to the United States of America (the Government) and to
the Virginia Resources Authority, as Administrator of the Virginia Water Supply Revolving
Fund, and as Administrator of the Virginia Water Facilities Revolving Fund (the VRA).
The RCPSA has been created pursuant to the Act for the purpose of acquiring,
operating and maintaining a water and sewer system in Russell County, Virginia.
The RCPSA currently owns and operates a water and sewer system in the County (the
RCPSA System).
‘The RCPSA has financed the cost of the System through the issuance by the RCPSA
of its Bonds, see Exhibit A, to the Virginia Resources Authority, as Administrator of the
Virginia Water Supply Revolving Fund (the VRA).
The CWSA joined the RCPSA by Certificate of Joinder issued June 24, 2019, under
which process it was agreed the CWSA System would be transferred to the RCPSA and the
CWSA Bonds would be assumed by the RCPSA.
In connection with the refinancing of the CWSA Bonds and the County Bonds by the
RCPSA’s assumption thereof, the CWSA and the County now wish to provide for the
Page 1 of 10
Page 2 of 10
transfer of the CSWA System and the County System to the RCPSA, the assumption by the
RCPSA of the payment and performance of obligations of the CWSA with respect to the
CSWA System, the assumption by the RCPSA of the payment and performance of
obligations of the County with respect to the County System, and the assumption by the
RCPSA of the obligations of the CWSA and the County under the CWSA Bonds and the
County Bonds, on the terms and conditions stated herein.
NOW, THEREFORE, in consideration of the premises and the mutual benefits to be
derived hereunder, the parties agree as follows:

On the terms and conditions set forth in this Agreement, the CWSA transfers
to the RCPSA, and the RCPSA accepts from the CWSA, all the assets, funds and real and
personal properties of  the CWSA (the “CWSA Assets”) including but not limited to the
following:

a. All plants, facilities, pump stations, intakes, mains, laterals,
meters, valves and equipment constituting a part of, or used or
usable in connection with, the CWSA System;
b. The parcels of real estate or interests therein described in the
instruments listed on the attached Exhibit B, and all
improvements thereon;
c. All real property rights, easements, and appurtenances;
d. All rights for money due or to become due in connection with
services provided by the CWSA System and all funds or
reserves, and all moneys therein, held by the CWSA in
connection with the CWSA Bonds or the CWSA System;
e. All inventory and supplies;
f. All rights under the CWSA’s contracts, commitments, orders,
agreements or other material arrangements existing in
connection with the ongoing operation of the CWSA System,
and all material manufacturer, supplier or contractor warranties
or guarantees respecting the CWSA System:
g. All licenses, permits and other governmental authorizations to
operate the CWSA System as presently operated (the
“Permits”);
h. All books and records; provided, however, that the CWSA
shall have the right and privilege to retain and use such books
and records until its final audit is completed;
transfer of the CSWA System and the County System to the RCPSA, the assumption by the
RCPSA of the payment and performance of obligations of the CWSA with respect to the
CSWA System, the assumption by the RCPSA of the payment and performance of
obligations of the County with respect to the County System, and the assumption by the
RCPSA of the obligations of the CWSA and the County under the CWSA Bonds and the
County Bonds, on the terms and conditions stated herein.
NOW, THEREFORE, in consideration of the premises and the mutual benefits to be
derived hereunder, the parties agree as follows:
1 On the terms and conditions set forth in this Agreement, the CWSA transfers
to the RCPSA, and the RCPSA accepts from the CWSA, all the assets, funds and real and
personal properties of the CWSA (the “CWSA Assets”) including but not limited to the
following:
a. All plants, facilities, pump stations, intakes, mains, laterals,
meters, valves and equipment constituting a part of, or used or
usable in connection with, the CWSA System;
b. The parcels of real estate or interests therein described in the
instruments listed on the attached Exhibit B, and all
improvements thereon;
cc. Allreal property rights, easements, and appurtenances;
d. All rights for money due or to become due in connection with
services provided by the CWSA System and all funds or
reserves, and all moneys therein, held by the CWSA in
connection with the CWSA Bonds or the CWSA System;
e.  Allinventory and supplies;
f. All rights under the CWSA’s contracts, commitments, orders,
agreements or other material arrangements existing in
connection with the ongoing operation of the CWSA System,
and all material manufacturer, supplier or contractor warranties
or guarantees respecting the CWSA System:
g. All licenses, permits and other governmental authorizations to
operate the CWSA System as presently operated (the
“Permits”);
h. All books and records; provided, however, that the CWSA
shall have the right and privilege to retain and use such books
and records until its final audit is completed;
Page 2 of 10
Page 3 of 10
i. All equipment, vehicles and trailers; and
j. All the CWSA’s right and interest to and in customer deposits,
if any.

On the terms and conditions set forth in this Agreement, the County transfers
to the RCPSA, and the RCPSA accepts from the County, all the assets, funds and real and
personal properties of  the County (the “County Assets”) including but not limited to the
following:

a. All plants, facilities, pump stations, intakes, mains, laterals,
meters, valves and equipment constituting a part of, or used or
usable in connection with, the County System;
b. The parcels of real estate or interests therein described in the
instruments listed on the attached Exhibit C, and all
improvements thereon;
c. All real property rights, easements, and appurtenances;
d. All rights for money due or to become due in connection with
services provided by the County System and all funds or
reserves, and all moneys therein, held by the County in
connection with the County Bonds or the County System;
e. All inventory and supplies;
f. All rights under the County’s contracts, commitments, orders,
agreements or other material arrangements existing in
connection with the ongoing operation of the County System,
and all material manufacturer, supplier or contractor warranties
or guarantees respecting the County System:
g. All licenses, permits and other governmental authorizations to
operate the County System as presently operated (the
“Permits”);
h. All books and records; provided, however, that the County
shall have the right and privilege to retain and use such books
and records until its final audit is completed;
i. All equipment, vehicles and trailers; and
j. All the County’s right and interest to and in customer deposits, if any.
i, All equipment, vehicles and trailers; and
j. All the CWSA’s right and interest to and in customer deposits,
ifany.
2. On the terms and conditions set forth in this Agreement, the County transfers
to the RCPSA, and the RCPSA accepts from the County, all the assets, funds and real and
personal properties of the County (the “County Assets”) including but not limited to the
following:
a All plants, facilities, pump stations, intakes, mains, laterals,
meters, valves and equipment constituting a part of, or used or
usable in connection with, the County System;
b. The parcels of real estate or interests therein described in the
instruments listed on the attached Exhibit C, and all
improvements thereon;
cc. Allreal property rights, easements, and appurtenances;
d. All rights for money due or to become due in connection with
services provided by the County System and all funds or
reserves, and all moneys therein, held by the County in
connection with the County Bonds or the County System;
e. _Allinventory and supplies:
All rights under the County’s contracts, commitments, orders,
agreements or other material arrangements existing in
connection with the ongoing operation of the County System,
and all material manufacturer, supplier or contractor warranties
or guarantees respecting the County System:
g. _Alll licenses, permits and other governmental authorizations to
operate the County System as presently operated (the
“Permits”);
h. All books and records; provided, however, that the County
shall have the right and privilege to retain and use such books
and records until its final audit is completed;
i, All equipment, vehicles and trailers; and
j. All the County’s right and interest to and in customer deposits, if any.
Page 3 of 10
Page 4 of 10


In consideration for the transfer of the CWSA Assets to it, the RCPSA shall
(a) assume obligations of the CWSA (including the obligations under the CWSA Bonds), all
pursuant to a Lenders’ Assumption and Parity Agreement, substantially in the form attached
hereto as Exhibit D. (the “Lenders’ Agreement”) to be executed at later date.


In consideration for the transfer of the County Assets to it, the RCPSA shall
(a) assume obligations of the County (including the obligations under the County Bonds), all
pursuant to the Lenders’ Agreement.


The transfer of the CWSA Assets and the County Assets shall take place on or
before December 17, 2019, in Virginia, or on such other date and at such other place as the
parties may designate by written agreement.  The parties recognize and agree that for a
reasonable period following the closing, the County may remain in control of the billing and
collection operations and facilities in order to complete its last billing cycle, apply customer
deposits to outstanding bills and then transfer the remaining funds to the County.


Except as specifically set forth in this Agreement, the CWSA and the County
each make no representation or warranty, express or implied, whether of merchantability,
fitness for a particular purpose or otherwise as to any item or document to be conveyed or
assigned hereunder, and the RCPSA will make and rely on its own inspection of the tangible
personal property and will accept it in “as is, where is” condition.


The CWSA represents and warrants to the RCPSA:


7.1  Organization of CWSA.  The CWSA is duly organized, validly existing
and in good standing under the laws of the Commonwealth of Virginia and has full corporate
power and CWSA to own and operate the Assets.
7.2  Authorization.  The CWSA has full corporate power and the CWSA to
enter into this Agreement, to consummate the contemplated transactions and to perform its
obligations hereunder.  The execution, delivery and performance of this Agreement and the
consummation of the contemplated transactions have been duly authorized by all requisite
corporate action.  This Agreement has been duly executed and delivered by the CWSA and is
a valid and binding obligation of the CWSA, enforceable against it in accordance with its
terms.
7.3  Title to Property.  Except as expressly disclosed in writing to the RCPSA,
the CWSA has done nothing to adversely affect good and marketable title to the Assets or to
impose on the Assets any security interest or other encumbrance, lien, charge or restriction of
any kind or character.

In consideration for the transfer of the CWSA Assets to it, the RCPSA shall
(a) assume obligations of the CWSA (including the obligations under the CWSA Bonds), all
pursuant to a Lenders’ Assumption and Parity Agreement, substantially in the form attached
hereto as Exhibit D. (the “Lenders” Agreement”) to be executed at later date.

4, In consideration for the transfer of the County Assets to it, the RCPSA shall
(a) assume obligations of the County (including the obligations under the County Bonds), all
pursuant to the Lenders’ Agreement.


The transfer of the CWSA Assets and the County Assets shall take place on or
before December 17, 2019, in Virginia, or on such other date and at such other place as the
parties may designate by written agreement, The parties recognize and agree that for a
reasonable period following the closing, the County may remain in control of the billing and
collection operations and facilities in order to complete its last billing cycle, apply customer
deposits to outstanding bills and then transfer the remaining funds to the County.


Except as specifically set forth in this Agreement, the CWSA and the County
each make no representation or warranty, express or implied, whether of merchantability,
fitness for a particular purpose or otherwise as to any item or document to be conveyed or
assigned hereunder, and the RCPSA will make and rely on its own inspection of the tangible
personal property and will accept it in “as is, where is” condition.


The CWSA represents and warrants to the RCPSA:


7.1, Organization of CWSA. The CWSA is duly organized, validly existing
and in good standing under the laws of the Commonwealth of Virginia and has full corporate
power and CWSA to own and operate the Assets.
7.2 Authorization. The CWSA has full corporate power and the CWSA to
enter into this Agreement, to consummate the contemplated transactions and to perform its
obligations hereunder. The execution, delivery and performance of this Agreement and the
consummation of the contemplated transactions have been duly authorized by all requisite
corporate action. This Agreement has been duly executed and delivered by the CWSA and is
a valid and binding obligation of the CWSA, enforceable against it in accordance with its
terms
7.3. Title to Property, Except as expressly disclosed in writing to the RCPSA,
the CWSA has done nothing to adversely affect good and marketable title to the Assets or to
impose on the Assets any security interest or other encumbrance, lien, charge or restriction of
any kind or character.
Page 4 of 10
Page 5 of 10
7.4  No Conflict or Violation.  Neither the execution and delivery of this
Agreement nor the consummation of the transactions contemplated hereby will result in (a) a
material violation of or a conflict with any provision of the Certificate of Incorporation or
Bylaws of the CWSA, or (b) a material violation by the CWSA of any statute, rule,
regulation, ordinance, code, order, judgment, writ, injunction, decree, or award, or any event
which with notice, lapse of time, or both, would result in any such material violation.
7.5  Audited Financial Statements; Books and Records.  The audited financial
statements for the period ending June 30, 2019, fairly present the financial condition of the
CWSA as of the date thereof and reflect all known claims against and all debts and liabilities
of the CWSA.  The books and records of the CWSA are in all material respects true,
complete, correct and up to date and have been maintained in accordance with reasonable
business practice.
7.6  Material Contracts.  Currently, there are no outstanding leases, contracts,
agreements or other undertakings relating to the Sewer System, to which the CWSA is a
party or to which any of the properties of the CWSA is subject (the “Contracts”).
7.7  Absence of Undisclosed Liabilities.  The CWSA has no material liability
or obligation, secured or unsecured, whether accrued, absolute, contingent or otherwise,
known or unknown, except as disclosed on Exhibit A.
7.8  Documents.  The CWSA is not subject to, or a party to, any existing
charter, bylaw, mortgage, lien, lease, license, permit, agreement, contract, instrument, order,
judgment or decree, or any other restriction of any kind or character which materially
adversely affects the CWSA System or the CWSA Assets, or which would prevent
consummation of the transactions contemplated by this Agreement, compliance by the
CWSA with the terms, conditions and provisions hereof.
7.9  Litigation and Compliance Matters.  The CWSA (a) is not engaged in or a
party to, or to the knowledge of the CWSA threatened with, any legal action or other
proceeding before any court, arbitration or other tribunal or administrative agency, (b) has
not been charged with and, to the knowledge of the CWSA, is not under investigation with
respect to any charge concerning, any violation of any law or administrative regulation in
respect of its System and © is not in default under or in violation of any judgment, order,
decree, regulation or rule of any court of governmental CWSA applicable to it.  The CWSA
is not subject to any existing judgment, order or decree entered in any lawsuit or proceeding
which may have an adverse effect on any of its operations, business practices or on its ability
to acquire any property or conduct business in any area.
7.4 No Conflict or Violation. Neither the execution and delivery of this
Agreement nor the consummation of the transactions contemplated hereby will result in (a) a
material violation of or a conflict with any provision of the Certificate of Incorporation or
Bylaws of the CWSA, or (b) a material violation by the CWSA of any statute, rule,
regulation, ordinance, code, order, judgment, writ, injunction, decree, or award, or any event
which with notice, lapse of time, or both, would result in any such material violation,
7.5. Audited Financial Statements; Books and Records. The audited financial
statements for the period ending June 30, 2019, fairly present the financial condition of the
CWSA as of the date thereof and reflect all known claims against and all debts and liabilities
of the CWSA, The books and records of the CWSA are in all material respects true,
complete, correct and up to date and have been maintained in accordance with reasonable
business practice.
7.6 Mat Contracts. Currently, there are no outstanding leases, contracts,
agreements or other undertakings relating to the Sewer System, to which the CWSA is a
party or to which any of the properties of the CWSA is subject (the “Contracts”),
7.7 Absence of Undisclosed Liabilities. The CWSA has no material liability
or obligation, secured or unsecured, whether accrued, absolute, contingent or otherwise,
known or unknown, except as disclosed on Exhibit A.
7.8 Documents. The CWSA is not subject to, or a party to, any existing
charter, bylaw, mortgage, lien, lease, license, permit, agreement, contract, instrument, order,
judgment or decree, or any other restriction of any kind or character which materially
adversely affects the CWSA System or the CWSA Assets, or which would prevent
consummation of the transactions contemplated by this Agreement, compliance by the
CWSA with the terms, conditions and provisions hereof.
7.9 Litigation and Compliance Matters, The CWSA (a) is not engaged in or a
party to, or to the knowledge of the CWSA threatened with, any legal action or other
proceeding before any court, arbitration or other tribunal or administrative agency, (b) has
not been charged with and, to the knowledge of the CWSA, is not under investigation with
respect to any charge concerning, any violation of any law or administrative regulation in
respect of its System and © is not in default under or in violation of any judgment, order,
decree, regulation or rule of any court of governmental CWSA applicable to it. The CWSA
is not subject to any existing judgment, order or decree entered in any lawsuit or proceeding
which may have an adverse effect on any of its operations, business practices or on its ability
to acquire any property or conduct business in any area.
Page 5 of 10
Page 6 of 10
7.10  Environmental Conditions.  To the best of CWSA’s knowledge, the
CWSA is in compliance with all federal, state and local laws, regulations, ordinances,
decrees, rules, orders and notices relating to the environment and applicable in any way to
the CWSA and/or to the System.  To the best of CWSA’s knowledge, there are no adverse
environmental conditions or liabilities affecting the Assets, the System or the CWSA, or any
other property leased or used by CWSA, including, but not limited to, any related to the use,
treatment, storage, release, or disposal of petroleum products or hazardous or toxic
substances, materials, pollutants, wastes or contaminants.  To the knowledge of the CWSA,
there are no underground storage tanks located in any real property owned by the CWSA.
7.11  Governmental Regulations; Permits; Licenses; Franchises, Etc.  All
Permits are in full force and effect, valid and outstanding.  The CWSA has complied with all
of the terms and conditions under which each is held or has been granted a waiver or
variance and no event has occurred which permits or, upon the giving of notice or the lapse
of time or otherwise, would permit the revocation or termination of any of the foregoing or
would materially adversely affect the rights of the CWSA thereunder.  To the best knowledge
of the CWSA, there are no other permits required by the CWSA to conduct its System.  No
Permit has ever been revoked, canceled or suspended or the subject of any investigation or
proceeding for the suspension, revocation or cancellation thereof.

The County represents and warrants to the RCPSA:

8.1  Authorization.  The County has full corporate power and authority to
enter into this Agreement, to consummate the contemplated transactions and to perform its
obligations hereunder.  The execution, delivery and performance of this Agreement and the
consummation of the contemplated transactions have been duly authorized by all requisite
corporate action.  This Agreement has been duly executed and delivered by the County and is
a valid and binding obligation of the County, enforceable against it in accordance with its
terms.
8.2  Title to Property.  Except as expressly disclosed in writing to the RCPSA,
the County has done nothing to adversely affect good and marketable title to the Assets or to
impose on the Assets any security interest or other encumbrance, lien, charge or restriction of
any kind or character.
8.3  No Conflict or Violation.  Neither the execution and delivery of this
Agreement nor the consummation of the transactions contemplated hereby will result in  a
material violation by the County of any statute, rule, regulation, ordinance, code, order,
judgment, writ, injunction, decree, or award, or any event which with notice, lapse of time, or
both, would result in any such material violation.
7.10 Environmental Conditions. To the best of CWSA’s knowledge, the
CWSA is in compliance with all federal, state and local laws, regulations, ordinances,
decrees, rules, orders and notices relating to the environment and applicable in any way to
the CWSA and/or to the System. To the best of CWSA’s knowledge, there are no adverse
environmental conditions or liabilities affecting the Assets, the System or the CWSA, or any
other property leased or used by CWSA, including, but not limited to, any related to the use,
treatment, storage, release, or disposal of petroleum products or hazardous or toxic
substances, materials, pollutants, wastes or contaminants. To the knowledge of the CWSA,
there are no underground storage tanks located in any real property owned by the CWSA.
7.11 Governmental Regulations: Permits; Licenses; Franchises, Etc. All
Permits are in full force and effect, valid and outstanding. The CWSA has complied with all
of the terms and conditions under which each is held or has been granted a waiver or
variance and no event has occurred which permits or, upon the giving of notice or the lapse
of time or otherwise, would permit the revocation or termination of any of the foregoing or
would materially adversely affect the rights of the CWSA thereunder. To the best knowledge
of the CWSA, there are no other permits required by the CWSA to conduct its System. No
Permit has ever been revoked, canceled or suspended or the subject of any investigation or
proceeding for the suspension, revocation or cancellation thereof.

The County represents and warrants to the RCPSA:

8.1 Authorization. The County has full corporate power and authority to
enter into this Agreement, to consummate the contemplated transactions and to perform its
obligations hereunder. The execution, delivery and performance of this Agreement and the
consummation of the contemplated transactions have been duly authorized by all requisite
corporate action. This Agreement has been duly executed and delivered by the County and is
a valid and binding obligation of the County, enforceable against it in accordance with its
terms,
8.2 Title to Property, Except as expressly disclosed in writing to the RCPSA,
the County has done nothing to adversely affect good and marketable title to the Assets or to
impose on the Assets any security interest or other encumbrance, lien, charge or restriction of
any kind or character.
8.3 No Conflict or Violation, Neither the execution and delivery of this
Agreement nor the consummation of the transactions contemplated hereby will result ina
material violation by the County of any statute, rule, regulation, ordinance, code, order,
judgment, writ, injunction, decree, or award, or any event which with notice, lapse of time, or
both, would result in any such material violation.
Page 6 of 10
Page 7 of 10
8.4  Audited Financial Statements; Books and Records.  The audited financial
statements for the period ending June 30, 2019, fairly present the financial condition of the
County as of the date thereof and reflect all known claims against and all debts and liabilities
of the County.  The books and records of the County are in all material respects true,
complete, correct and up to date and have been maintained in accordance with reasonable
business practice.
8.5  Material Contracts.  Currently, there are no outstanding leases, contracts,
agreements or other undertakings relating to the Sewer System, to which the County is a
party or to which any of the properties of the County is subject (the “Contracts”).
8.6  Absence of Undisclosed Liabilities.  The County has no material liability
or obligation, secured or unsecured, whether accrued, absolute, contingent or otherwise,
known or unknown as it applies to the assets contemplated herein, except as disclosed on
Exhibit A.
8.7  Documents.  The County is not subject to, or a party to, any existing
charter, bylaw, mortgage, lien, lease, license, permit, agreement, contract, instrument, order,
judgment or decree, or any other restriction of any kind or character which materially
adversely affects the County System or the County Assets, or which would prevent
consummation of the transactions contemplated by this Agreement, compliance by the
County with the terms, conditions and provisions hereof.
8.8  Litigation and Compliance Matters.  The County is currently involved in
litigation in Russell County Circuit Court regarding the assessment of machine and tool tax
pertaining to a local company. The pending litigation is unrelated to any of the obligations
and assets contained in this agreement. Notwithstanding the above, the County (a) is not
engaged in or a party to, or to the knowledge of the County threatened with, any legal action
or other proceeding before any court, arbitration or other tribunal or administrative agency,
(b) has not been charged with and, to the knowledge of the County, is not under investigation
with respect to any charge concerning, any violation of any law or administrative regulation
in respect of its System and © is not in default under or in violation of any judgment, order,
decree, regulation or rule of any court of governmental authority applicable to it.  The
County is not subject to any existing judgment, order or decree entered in any lawsuit or
proceeding which may have an adverse effect on any of its operations, business practices or
on its ability to acquire any property or conduct business in any area.
8.9  Environmental Conditions.  To the best of County’s knowledge, the
County is in compliance with all federal, state and local laws, regulations, ordinances,
decrees, rules, orders and notices relating to the environment and applicable in any way to
the County and/or to the County System.  To the best of the County’s knowledge, there are
no adverse environmental conditions or liabilities affecting the County Assets, the County
System or any other property leased or used by the County in connection with the County
Assets. To the knowledge of the County, there are no underground storage tanks located in
any real property owned by the County.
8.4 Audited Financial Statements; Books and Records. The audited financial
statements for the period ending June 30, 2019, fairly present the financial condition of the
County as of the date thereof and reflect all known claims against and all debts and liabilities
of the County. The books and records of the County are in all material respects true,
complete, correct and up to date and have been maintained in accordance with reasonable
business practice.
8.5. Material Contracts, Currently, there are no outstanding leases, contracts,
agreements or other undertakings relating to the Sewer System, to which the County is a
party or to which any of the properties of the County is subject (the “Contracts”).
8.6 Absence of Undisclosed Liabilities. The County has no material liability
or obligation, secured or unsecured, whether accrued, absolute, contingent or otherwise,
known or unknown as it applies to the assets contemplated herein, except as disclosed on
Exhibit A.
8.7 Documents. The County is not subject to, or a party to, any existing
charter, bylaw, mortgage, lien, lease, license, permit, agreement, contract, instrument, order,
judgment or decree, or any other restriction of any kind or character which materially
adversely affects the County System or the County Assets, or which would prevent
consummation of the transactions contemplated by this Agreement, compliance by the
County with the terms, conditions and provisions hereof.
8.8 Litigation and Compliance Matters. The County is currently involved in
litigation in Russell County Circuit Court regarding the assessment of machine and tool tax
pertaining to a local company. The pending litigation is unrelated to any of the obligations
and assets contained in this agreement, Notwithstanding the above, the County (a) is not
engaged in or a party to, or to the knowledge of the County threatened with, any legal action
or other proceeding before any court, arbitration or other tribunal or administrative agency,
(b) has not been charged with and, to the knowledge of the County, is not under investigation
with respect to any charge concerning, any violation of any law or administrative regulation
in respect of its System and © is not in default under or in violation of any judgment, order,
decree, regulation or rule of any court of governmental authority applicable to it. The
County is not subject to any existing judgment, order or decree entered in any lawsuit or
proceeding which may have an adverse effect on any of its operations, business practices or
on its ability to acquire any property or conduct business in any area.
8.9 Environmental Conditions. To the best of County’s knowledge, the
County is in compliance with all federal, state and local laws, regulations, ordinances,
decrees, rules, orders and notices relating to the environment and applicable in any way to
the County and/or to the County System. To the best of the County’s knowledge, there are
no adverse environmental conditions or liabilities affecting the County Assets, the County
System or any other property leased or used by the County in connection with the County
Assets. To the knowledge of the County, there are no underground storage tanks located in
any real property owned by the County.
Page 7 of 10
Page 8 of 10
8.10  Governmental Regulations; Permits; Licenses; Franchises, Etc.  All
Permits are in full force and effect, valid and outstanding.  The County has complied with all
of the terms and conditions under which each is held or has been granted a waiver or
variance and no event has occurred which permits or, upon the giving of notice or the lapse
of time or otherwise, would permit the revocation or termination of any of the foregoing or
would materially adversely affect the rights of the County thereunder.  To the best
knowledge of the County, there are no other permits required by the County to conduct the
County System.  No Permit has ever been revoked, canceled or suspended or the subject of
any investigation or proceeding for the suspension, revocation or cancellation thereof.

At the closing, the parties shall perform the following actions:

a. The CWSA shall sell, convey and transfer to the RCPSA the
CWSA Assets by delivering to the RCPSA such bills of sale,
special warranty deeds and assignments as may be necessary or
desirable to transfer them to the RCPSA, free and clear of all
liens and encumbrances created by the CWSA.
b. The County shall sell, convey and transfer to the RCPSA the
County Assets by delivering to the RCPSA such bills of sale,
special warranty deeds and assignments as may be necessary or
desirable to transfer them to the RCPSA, free and clear of all
liens and encumbrances created by the County.
c. The CWSA, the County, the RCPSA, the Government and the
VRA shall execute and deliver the Lenders’ Agreement.
d. Title Opinion
e. Counsel Closing Opinions
f. Each instrument of conveyance will contain the following covenant:
The property described herein was obtained or improved with Federal
financial assistance and is subject to the nondiscrimination provisions of Title
VI of the Civil Rights Act of 1964, Title 9 of the Education Amendments of
1972, Section 504 of the Rehabilitation Act of 1973, and other similarly
worded Federal statutes, and the regulations issued pursuant thereto that
prohibit discrimination on the basis of race, color, national origin, handicap,
religion, age, or sex in programs or activities receiving Federal financial
assistance.  Such provisions apply for as long as the property continues to be
used for the same or similar purposes for which the Federal assistance was
extended, or for so long as the purchaser owns it, whichever is later.

For a reasonable time following the closing hereunder until the CWSA is

dissolved, the CWSA will assist the RCPSA in connection with the orderly transfer of the
8.10 Governmental Regulations; Permits: Licenses; Franchises, Etc. All
Permits are in full force and effect, valid and outstanding. The County has complied with all
of the terms and conditions under which each is held or has been granted a waiver or
variance and no event has occurred which permits or, upon the giving of notice or the lapse
of time or otherwise, would permit the revocation or termination of any of the foregoing or
would materially adversely affect the rights of the County thereunder. To the best
knowledge of the County, there are no other permits required by the County to conduct the
County System. No Permit has ever been revoked, canceled or suspended or the subject of
any investigation or proceeding for the suspension, revocation or cancellation thereof.

At the closing, the parties shall perform the following actions:

a. The CWSA shall sell, convey and transfer to the RCPSA the
CWSA Assets by delivering to the RCPSA such bills of sale,
special warranty deeds and assignments as may be necessary or
desirable to transfer them to the RCPSA, free and clear of all
liens and encumbrances created by the CWSA.
b. The County shalll sell, convey and transfer to the RCPSA the
County Assets by delivering to the RCPSA such bills of sale,
special warranty deeds and assignments as may be necessary or
desirable to transfer them to the RCPSA, free and clear of all
liens and encumbrances created by the County.
c The CWSA, the County, the RCPSA, the Government and the
VRA shall execute and deliver the Lenders’ Agreement.
d. Title Opinion
e. Counsel Closing Opinions
f Each instrument of conveyance will contain the following covenant:
The property described herein was obtained or improved with Federal
financial assistance and is subject to the nondiscrimination provisions of Title
VI of the Civil Rights Act of 1964, Title 9 of the Education Amendments of
1972, Section 504 of the Rehabilitation Act of 1973, and other similarly
worded Federal statutes, and the regulations issued pursuant thereto that
prohibit discrimination on the basis of race, color, national origin, handicap,
religion, age, or sex in programs or activities receiving Federal financial
assistance. Such provisions apply for as long as the property continues to be
used for the same or similar purposes for which the Federal assistance was
extended, or for so long as the purchaser owns it, whichever is later.

For a reasonable time following the closing hereunder until the CWSA is
dissolved, the CWSA will assist the RCPSA in connection with the orderly transfer of the

Page 8 of 10
Page 9 of 10
operation of the CWSA System and the billing and collecting for the services of the CWSA
System. The County will also continue to assist the RCPSA in connection with the orderly
transfer of the operation of any County Systems and the billing and collecting for the services
of the County.



Leachate Service Agreement The County and the RCPSA agree to enter into a



Leachate Service Agreement pursuant to which the RCPSA will treat County leachate
from its landfill operations at the Dante Sewer Treatment Plant.  The RCPSA will ensure
that the required licenses and permits are obtained and remain in place to handle such
leachate treatment.  In addition, the RCPSA agrees to permit the County to jointly
manage the employment of any individuals that are responsible for the treatment of the
County leachate at the Dante Sewer Treatment Plant.  Each party agrees that it shall,
upon the request of the other, execute and deliver such further documents (in the form
and substance reasonably acceptable to the requesting party) and do such other acts and
things as are reasonably necessary and appropriate to effectuate the terms and conditions
of this Agreement.

This Agreement shall be construed and governed in accordance with the laws

of the Commonwealth of Virginia.
operation of the CWSA System and the billing and collecting for the services of the CWSA
System. The County will also continue to assist the RCPSA in connection with the orderly
transfer of the operation of any County Systems and the billing and collecting for the services
of the County.
12, 11. Leachate Service Agreement The County and the RCPSA agree to enter into a
Leachate Service Agreement pursuant to which the RCPSA will treat County leachate
from its landfill operations at the Dante Sewer Treatment Plant. The RCPSA will ensure
that the required licenses and permits are obtained and remain in place to handle such
leachate treatment. In addition, the RCPSA agrees to permit the County to jointly
manage the employment of any individuals that are responsible for the treatment of the
County leachate at the Dante Sewer Treatment Plant, Each party agrees that it shall,
upon the request of the other, execute and deliver such further documents (in the form
and substance reasonably acceptable to the requesting party) and do such other acts and
things as are reasonably necessary and appropriate to effectuate the terms and conditions
of this Agreement.

This Agreement shall be construed and governed in accordance with the laws.
of the Commonwealth of Virginia.

Page 9 of 10
WITNESS the following signatures and seals:
CWSA
(SEAL)
By:  ______________________________________
Name:    Title:  Chairman
Attest:

Secretary
Russell County
(SEAL)
By:  ______________________________________
Name:

Title:    Chairman, Board of Supervisors
Attest:

Clerk
RCPSA
(SEAL)
By:  ______________________________________
Name:

Title:  Chairman
Attest:

Secretary
WITNESS the following signatures and seals:
CWSA
(SEAL)
By:
Name: Title: Chairman
Attest:
Secretary
Russell County
(SEAL)
By:
Name:
Title: Chairman, Board of Supervisors
Attest:
Clerk
RCPSA
(SEAL)
By:
Name:
Title: Chairman
Attest:
Secretary
List of Attachments:
Exhibit A  -  Outstanding Obligations of CWSA, RCPSA and Russell County
Exhibit B  -  Deed from CWSA to RCPSA
Exhibit C -   Deed from RCBOS to RCPSA
Exhibit D – Lender’s Agreement
Schedules
List of Attachments:
Exhibit A - Outstanding Obligations of CWSA, RCPSA and Russell County
Exhibit B - Deed from CWSA to RCPSA
Exhibit C- Deed from RCBOS to RCPSA.
Exhibit D — Lender’s Agreement
Schedules
KC Draft: 08/12/2019
FINANCING AGREEMENT
dated as of __________ 1, 2019
BETWEEN
VIRGINIA RESOURCES AUTHORITY,
as Administrator of the
Virginia Water Supply Revolving Fund
AND
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
Virginia Resources Authority
Virginia Water Supply Revolving Fund
Loan No. WSL-020-18
Glade Hollow Water Line Replacement/Glade Hill Water Service Extension Project
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
KC Draft: 08/12/2019
dated as of 1, 2019
BETWEEN
as Administrator of the
Virginia Water Supply Revolving Fund
AND
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
Virginia Resources Authority
Virginia Water Supply Revolving Fund
Loan No. WSL-020-18
TABLE OF CONTENTS
Page
ARTICLE I
DEFINITIONS
Section 1.1. Definitions  …1
Section 1.2. Rules of Construction  …4
ARTICLE II
REPRESENTATIONS
Section 2.1. Representations by Borrower  …5
ARTICLE III
ISSUANCE AND DELIVERY OF THE LOCAL BOND
Section 3.1. Loan to Borrower and Purchase of the Local Bond  …7
Section 3.2. Conditions Precedent to Purchase of the Local Bond  …7
ARTICLE IV
USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT
Section 4.1. Application of Proceeds  …9
Section 4.2. Agreement to Accomplish Project  …10
Section 4.3. Permits  …11
Section 4.4. Construction Contractors  …11
Section 4.5. Engineering Services  …11
Section 4.6. Borrower Required to Complete Project  …12
ARTICLE V
PLEDGE, REVENUES AND RATES
Section 5.1. Pledge of Revenues; Rate Covenant  …12
Section 5.2. Annual Budget  …13
Section 5.3. Qualified Independent Consultant’s Report …13
TABLE OF CONTENTS
a
ARTICLE I
DEFINITIONS
Section 1.1. Definitions . .
Section 1.2. Rules of Construction …
ARTICLE IL
REPRESENTATIONS
Section 2.1. Representations by Borrower …
ARTICLE IT
ISSUANCE AND DELIVERY OF THE LOCAL BOND
Section 3.1. Loan to Borrower and Purchase of the Local Bond …
Section 3.2. Conditions Precedent to Purchase of the Local Bond
ARTICLE IV
USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT.
Section 4.1. Application of Proceeds
Section 4.2, Agreement to Accomplish Project
Section 4.3. Permits
Section 4.4. Construction Contractors
Section 4.5. Engineering Services
Section 4.6. Borrower Required to Complete Project …
BILIS&
ARTICLE V
PLEDGE, REVENUES AND RATES
Section 5.1. Pledge of Revenues; Rate Covenant .
Section 5.2. Annual Budget
Section 5.3. Qualified Independent Consultant’s Report
ARTICLE VI
PAYMENTS
Section 6.1. Payment of Local Bond  …13
Section 6.2. Payment of Additional Payments …14
ARTICLE VII
PREPAYMENTS
Section 7.1. Prepayment of Local Bond  …14
ARTICLE VIII
OPERATION AND USE OF SYSTEM
Section 8.1. Ownership and Operation of Project and System  …15
Section 8.2. Maintenance  …15
Section 8.3. Additions and Modifications …15
Section 8.4. Use of System  …15
Section 8.5. Inspection of System and Borrower’s Books and Records  …15
Section 8.6. Ownership of Land  …15
Section 8.7. Sale or Encumbrance  …16
Section 8.8. Collection of Revenues  …16
Section 8.9. No Free Service …16
Section 8.10. No Competing Service  …17
Section 8.11. Mandatory Connection …17
Section 8.12. Lawful Charges  …17
ARTICLE IX
INSURANCE, DAMAGE AND DESTRUCTION
Section 9.1. Insurance  …17
Section 9.2. Requirements of Policies  …18
Section 9.3. Notice of Damage, Destruction and Condemnation  …18
Section 9.4. Damage and Destruction  …18
Section 9.5. Condemnation and Loss of Title  …19
ARTICLE X
SPECIAL COVENANTS
Section 10.1. Maintenance of Existence  …19
Section 10.2. Financial Records and Statements  …19
Section 10.3. Certificate as to No Default  …20
Section 6.1.
Section 6.2.
Section 7.1
Section 8.1
Section 8.2.
Section 8.3.
Section 8.4.
Section 8.5.
Section 8.6.
Section 8.7
Section 8.8.
Section 8.9.
Section 8.10.
Section 8.11
Section 8.12.
Section 9.1.
Section 9.2
Section 9.3.
Section 9.4.
Section 9.5.
Section 10.1
Section 10.2
Section 10.3.
ARTICLE VI
PAYMENTS
Payment of Local Bond .
Payment of Additional Payments 14
ARTICLE VIL
PREPAYMENTS,
Prepayment of Local Bond 14
ARTICLE VIII
OPERATION AND USE OF SYSTEM
Ownership and Operation of Project and System 15
Maintenance …
Additions and Modifications
Use of System … . 5
Inspection of System and Borrower’s Books and Records
Ownership of Land …
Sale or Eneumbrance
Collection of Revenues
No Free Service …
‘No Competing Service
Mandatory Connection
Lawful Charges
ARTICLE IX
INSURANCE, DAMAGE AND DESTRUCTION
Insurance …
Requirements of Policies
Notice of Damage, Destruction and Condemnation
Damage and Destruction …
‘Condemnation and Loss of Title …
ARTICLE X
SPECIAL COVENANTS
Maintenance of Existence .
Financial Records and Statements
Certificate as to No Default
Section 10.4. Additional Indebtedness …20
Section 10.5. Parity Bonds  …20
Section 10.6. Further Assurances …22
Section 10.7. Other Indebtedness …22
Section 10.8. Assignment by Borrower  …22
Section 10.9. Davis-Bacon Act  …22
Section 10.10. American Iron and Steel  …22
Section 10.11. Recordkeeping and Reporting …23
Section 10.12. Service Contracts  …23

Section 10.13. Waterworks Business Operations Plan and Rate Study  …23
ARTICLE XI
DEFAULTS AND REMEDIES
Section 11.1. Events of Default  …23
Section 11.2. Notice of Default …24
Section 11.3. Remedies on Default …24
Section 11.4. Delay and Waiver …25
Section 11.5. State Aid Intercept …25
ARTICLE XII
MISCELLANEOUS
Section 12.1. Successors and Assigns …25
Section 12.2. Amendments  …25
Section 12.3. Limitation of Borrower’s Liability …25
Section 12.4. Applicable Law  …25
Section 12.5. Severability  …26
Section 12.6. Notices  …26
Section 12.7. Right to Cure Default  …26
Section 12.8. Headings  …27
Section 12.9. Term of Agreement  …27
Section 12.10. Commitment Letter  …27
Section 12.11. Counterparts  …27
Section 10.4.
Section 10.5.
Section 10.6.
Section 10.7.
Section 10.8.
Section 10.9.
Section 10.10.
Section 10.11.
Section 10.12.
Section 10.13.
Section 11.1.
Section 11.2.
Section 11.3.
Section 11.4.
Section 11.5.
Section 12.1
Section 12.2
Section 12.3.
Section 12.4.
Section 12.5.
Section 12.6.
Section 12.7.
Section 12.8
Section 12.9.
Section 12.10,
Section 12.11.
Additional Indebtedness
Parity Bonds …
Further Assurances …
Other Indebtedness
Assignment by Borrower 22
Davis-Bacon Act …
‘American Iron and Steel …
Recordkeeping and Reporting
Service Contracts .
Waterworks Busine
Operations Plan and Rate Study .
ARTICLE XI
DEFAULTS AND REMEDIES
Events of Default
Notice of Default
Remedies on Default.
Delay and Waiver …
State Aid Intercept
ARTICLE XII
MISCELLANEOUS
Successors and Assigns
Amendments «2…
Limitation of Borrower’
Applicable Law
Severability
Notices …
Right to Cure Default
Headings …
Term of Agreement
Commitment Letter
Counterparts
Liability .
EXHIBITS
Exhibit A - Form of Local Bond
Exhibit B - Project Description
Exhibit C - Project Budget
Exhibit D - Opinion of Borrower’s Bond Counsel
Exhibit E - Requisition for Disbursement
Exhibit F - Prior Bonds and Existing Parity Bonds

Exhibit G - Form of Budget
Exhibit H - Support Agreement
EXHIBITS
Exhibit A - Form of Local Bond
Exhibit B - Project Description
Exhibit C - Project Budget
Exhibit D - Opinion of Borrower’s Bond Counsel
Exhibit E - Requisition for Disbursement
Exhibit F - Prior Bonds and Existing Parity Bonds
Exhibit G - Form of Budget
Exhibit H - Support Agreement
FINANCING AGREEMENT
THIS FINANCING AGREEMENT is made as of this first day of __________, 2019,
between the VIRGINIA RESOURCES AUTHORITY, a public body corporate and a political
subdivision of the Commonwealth of Virginia (the “Authority”), as Administrator of the
VIRGINIA WATER SUPPLY REVOLVING FUND, and THE RUSSELL COUNTY
PUBLIC SERVICE AUTHORITY, a body politic and corporate and a political subdivision of
the Commonwealth of Virginia (the “Borrower”).
Pursuant to Chapter 23, Title 62.1 of the Code of Virginia (1950), as amended (the “Act”),
the General Assembly created a permanent and perpetual fund known as the “Virginia Water
Supply Revolving Fund” (the “Fund”).  In conjunction with the Board of Health, the Authority
administers and manages the Fund.  From the Fund, the Authority from time to time makes loans to
and acquires obligations of local governments in Virginia to finance or refinance the costs of water
supply facilities within the meaning of Section 62.1-233 of the Act.
The Borrower has requested a loan from the Fund and will evidence its obligation to repay
such loan by the Local Bond the Borrower will issue and sell to the Authority, as Administrator of
the Fund.  The Borrower will use the proceeds of the sale of the Local Bond to the Authority to
finance that portion of the Project Costs not being paid from other sources, all as further set forth in
the Project Budget.
ARTICLE I
DEFINITIONS
Section 1.1. Definitions.  The capitalized terms contained in this Agreement and not
defined above shall have the meanings set forth below unless the context requires otherwise and
any capitalized terms not otherwise defined herein shall have the meaning assigned to such terms
in the Act:
“Additional Payments” means the payments required by Section 6.2.
“Agreement” means this Financing Agreement between the Authority and the Borrower,
together with any amendments or supplements hereto.
“Annual Administrative Fee” means the portion of the Cost of Funds specified in
Section 6.1(a)(ii) payable as an annual fee for administrative and management services
attributable to the Local Bond.
“Authorized Representative” means any member, official or employee of the Borrower
authorized by resolution, ordinance or other official act of the governing body of the Borrower to
perform the act or sign the document in question.
“Board” means the Virginia Board of Health.
FINANCING AGREEMENT
THIS FINANCING AGREEMENT is made as of this first day of. 2019,
between the VIRGINIA RESOURCES AUTHORITY, a public body corporate and a political
subdivision of the Commonwealth of Virginia (the “Authority”), as Administrator of the
VIRGINIA WATER SUPPLY REVOLVING FUND, and THE RUSSELL COUNTY
PUBLIC SERVICE AUTHORITY, a body politic and corporate and a political subdivision of
the Commonwealth of Virginia (the “Borrower”).
Pursuant to Chapter 23, Title 62.1 of the Code of Virginia (1950), as amended (the “Act”),
the General Assembly created a permanent and perpetual fund known as the “Virginia Water
Supply Revolving Fund” (the “Fund”). In conjunetion with the Board of Health, the Authority
administers and manages the Fund. From the Fund, the Authority from time to time makes loans to
and acquires obligations of local governments in Virginia to finance or refinance the costs of water
supply facilities within the meaning of Section 62.1-233 of the Act.
The Borrower has requested a loan from the Fund and will evidence its obligation to repay
such loan by the Local Bond the Borrower will issue and sell to the Authority, as Administrator of
the Fund. The Borrower will use the proceeds of the sale of the Local Bond to the Authority to
finance that portion of the Project Costs not being paid from other sources, all as further set forth in
the Project Budget,
ARTICLE I
DEFINITIONS
Section 1.1. Defi ms. The capitalized terms contained in this Agreement and not
defined above shall have the meanings set forth below unless the context requires otherwise and
any capitalized terms not otherwise defined herein shall have the meaning assigned to such terms
in the Act:
“Additional Payments” means the payments required by Section 6.2.
“Agreement” means this Financing Agreement between the Authority and the Borrower,
together with any amendments or supplements hereto.
“Annual Administrative Fee” means the portion of the Cost of Funds specified in
Section 6.1(a)(ii) payable as an annual fee for administrative and management services
attributable to the Local Bond.
“Authorized Representative” means any member, official or employee of the Borrower
authorized by resolution, ordinance or other official act of the governing body of the Borrower to
perform the act or sign the document in question.
“Board” means the Virginia Board of Health,
“Closing Date” means the date of the delivery of the Local Bond to the Authority, as
Administrator of the Fund.
“Commitment Letter” means the commitment letter from the Authority to the
Borrower, dated __________, 2019, and all extensions and amendments thereto.
“Consulting Engineer” means the engineer or firm of independent consulting engineers
of recognized standing and experienced in the field of sanitary engineering and registered to do
business in Virginia which is designated by the Borrower from time to time as the Borrower’s
consulting engineer in accordance with Section 4.5 in a written notice to the Authority.  Such
individual or firm shall be subject to the reasonable approval of the Authority.  Unless and until
the Authority notifies the Borrower otherwise, any of the Borrower’s employees that are licensed
and registered as professional engineers in the Commonwealth of Virginia may serve as
Consulting Engineer under this Agreement.
“Cost of Funds” means interest, including the part thereof allocable to the Annual
Administrative Fee, payable as set forth in Section 6.1.
“County” means the County of Russell, Virginia.
“Default” means an event or condition the occurrence of which would, with the lapse of
time or the giving of notice or both, become an Event of Default.
“Department” means the Virginia Department of Health.
“Event of Default” shall have the meaning set forth in Section 11.1.
“Existing Parity Bonds” means any of the Borrower’s bonds, notes or other evidences
of indebtedness, as further described on Exhibit F, that on the date of the Local Bond’s issuance
and delivery were secured by or payable from a pledge of Revenues on a parity with the pledge
of Revenues securing the Local Bond.
“Fiscal Year” means the period of twelve months established by the Borrower as its
annual accounting period.
“Funding Agreement” means the Funding Agreement, dated as of the date hereof,
between the Authority, as Administrator of the Fund, and the Borrower.
“Local Bond” means the bond in substantially the form attached to this Financing
Agreement as Exhibit A issued by the Borrower to the Authority, as Administrator of the Fund,
pursuant to this Agreement.
“Local Bond Proceeds” means the proceeds of the sale of the Local Bond to the
Authority, as Administrator of the Fund, pursuant to this Agreement.
“Closing Date” means the date of the delivery of the Local Bond to the Authority, as
Administrator of the Fund.
“Commitment Letter” means the commitment letter from the Authority to the
Borrower, dated 2019, and all extensions and amendments thereto.
“Consulting Engineer” means the engineer or firm of independent consulting engineers
of recognized standing and experienced in the field of sanitary engineering and registered to do
business in Virginia which is designated by the Borrower from time to time as the Borrower’s
consulting engineer in accordance with Section 4.5 in a written notice to the Authority. Such
individual or firm shall be subject to the reasonable approval of the Authority. Unless and until
the Authority notifies the Borrower otherwise, any of the Borrower’s employees that are licensed
and registered as professional engineers in the Commonwealth of Virginia may serve as
Consulting Engineer under this Agreement.
“Cost of Funds” means interest, including the part thereof allocable to the Annual
Administrative Fee, payable as set forth in Section 6.1
“County” means the County of Russell, Virginia.
“Default” means an event or condition the occurrence of which would, with the lapse of
time or the giving of notice or both, become an Event of Default.
“Department” means the Virginia Department of Health.
“Event of Default” shall have the meaning set forth in Section 11.1.
“Existing Parity Bonds” means any of the Borrower’s bonds, notes or other evidences
of indebtedness, as further described on Exhibit F, that on the date of the Local Bond’s issuance
and delivery were secured by or payable from a pledge of Revenues on a parity with the pledge
of Revenues securing the Local Bond.
“Fiscal Year” means the period of twelve months established by the Borrower as its
annual accounting period.
“Funding Agreement” means the Funding Agreement, dated as of the date hereof,
between the Authority, as Administrator of the Fund, and the Borrower.
“Local Bond” means the bond in substantially the form attached to this Financing
‘Agreement as Exhibit A issued by the Borrower to the Authority, as Administrator of the Fund,
pursuant to this Agreement.
“Local Bond Proceeds” means the proceeds of the sale of the Local Bond to the
Authority, as Administrator of the Fund, pursuant to this Agreement.
“Local Resolution” means all resolutions or ordinances adopted by the governing body
of the Borrower approving the transactions contemplated by and authorizing the execution and
delivery of this Agreement and the Transfer Agreement and the execution, issuance and delivery
of the Local Bond.
“Net Proceeds” means the gross proceeds from any insurance recovery or condemnation
award remaining after payment of attorneys’ fees and expenses of the Authority and all other
expenses incurred in the collection of such gross proceeds.
“Net Revenues Available for Debt Service” means the Revenues less amounts
necessary to pay Operation and Maintenance Expense.
“Operation and Maintenance Expense” means the costs of operating and maintaining
the System determined pursuant to generally accepted accounting principles, exclusive of
(i) interest on any debt secured by or payable from Revenues, (ii) depreciation and any other
items not requiring the expenditure of cash, (iii) any amounts expended for capital replacements,
repairs and maintenance not recurring annually or reserves therefor, and (iv) reserves for
administration, operation and maintenance occurring in the normal course of business.
“Opinion of Counsel” means a written opinion of recognized bond counsel, acceptable
to the Authority.
“Parity Bonds” means bonds, notes or other evidences of indebtedness of the Borrower
issued under Section 10.5.
“Prior Bonds” means any of the Borrower’s bonds, notes or other evidences of
indebtedness, as further described in Exhibit F, that on the date of the Local Bond’s issuance and
delivery were secured by or payable from a pledge of Revenues all or any portion of which was
superior to the pledge of Revenues securing the Local Bond.
“Project” means the particular project described in Exhibit B, the costs of the
construction, acquisition or equipping of which are to be financed or refinanced in whole or in
part with the Local Bond Proceeds.
“Project Budget” means the budget for the financing or the refinancing of the Project, a
copy of which is attached to this Agreement as Exhibit C, with such changes therein as may be
approved in writing by the Authority.
“Project Costs” means the costs of the construction, acquisition or equipping of the
Project, as further described in the Project Budget, and such other costs as may be approved in
writing by the Authority, provided such costs are permitted by the Act.
“Qualified Independent Consultant” shall mean an independent professional consultant
having the skill and experience necessary to provide the particular certificate, report or approval
required by the provision of this Agreement in which such requirement appears, including
without limitation a Consulting Engineer, so long as such individual is not an employee of the
“Local Resolution” means all resolutions or ordinances adopted by the governing body
of the Borrower approving the transactions contemplated by and authorizing the execution and
delivery of this Agreement and the Transfer Agreement and the execution, issuance and delivery
of the Local Bond.
“Net Proceeds” means the gross proceeds from any insurance recovery or condemnation
award remaining after payment of attorneys” fees and expenses of the Authority and all other
expenses incurred in the collection of such gross proceeds.
“Net Revenues Available for Debt Service” means the Revenues less amounts
necessary to pay Operation and Maintenance Expense.
“Operation and Maintenance Expense” means the costs of operating and maintaining
the System determined pursuant to generally accepted accounting principles, exclusive of
(i) interest on any debt secured by or payable from Revenues, (ii) depreciation and any other
items not requiring the expenditure of cash, (iii) any amounts expended for capital replacements,
repairs and maintenance not recurring annually or reserves therefor, and (iv) reserves for
administration, operation and maintenance occurring in the normal course of business.
“Opinion of Counsel” means a written opinion of recognized bond counsel, acceptable
to the Authority.
“Parity Bonds” means bonds, notes or other evidences of indebtedness of the Borrower
issued under Section 10.5.
“Prior Bonds” means any of the Borrower’s bonds, notes or other evidences of
indebtedness, as further described in Exhibit F, that on the date of the Local Bond’s issuance and
delivery were secured by or payable from a pledge of Revenues all or any portion of which was
superior to the pledge of Revenues securing the Local Bond.
“Project” means the particular project described in Exhibit B, the costs of the
construction, acquisition or equipping of which are to be financed or refinanced in whole or in
part with the Local Bond Proceeds.
“Project Budget” means the budget for the financing or the refinancing of the Project, a
copy of which is attached to this Agreement as Exhibit C, with such changes therein as may be
approved in writing by the Authority.
“Project Costs” means the costs of the construction, acquisition or equipping of the
Project, as further described in the Project Budget, and such other costs as may be approved in
writing by the Authority, provided such costs are permitted by the Act.
“Qualified Independent Consultant” shall mean an independent professional consultant
having the skill and experience necessary to provide the particular certificate, report or approval
required by the provision of this Agreement in which such requirement appears, including
without limitation a Consulting Engineer, so long as such individual is not an employee of the
Borrower, and an independent certified public accountant or firm of independent certified public
accountants.  Such individual or firm shall be subject to the reasonable approval of the Authority.
“Revenues” means (i) all rates, fees, rentals, charges and income properly allocable to
the System in accordance with generally accepted accounting principles or resulting from the
Borrower’s ownership or operation of the System, excluding customer and other deposits subject
to refund until such deposits have become the Borrower’s property, (ii) the proceeds of any
insurance covering business interruption loss relating to the System, (iii) interest on any money
or securities related to the System held by or on behalf of the Borrower, (iv) amounts that may be
appropriated for and paid to the Borrower by the County under the Support Agreement or
otherwise, and (v) any other income from other sources pledged by the Borrower to the payment
of its Local Bond.
“Service Contracts” means the Agreement for Sale and Purchase of Water dated May 6,
2014, between the Borrower and the Buchanan County Public Service Authority; Water Sale
Agreement dated July 8, 2015, between the Borrower and the Town of Honaker, Virginia;
Agreement for the Bulk Sales of Water dated March 14, 2002, between the Borrower and the
Town of Lebanon, Virginia; Agreement for the Bulk Sale of Water dated June 11, 2001, between
the Borrower and the Tazewell County Public Service Authority; and Contract for Sale of Water
dated October 3, 2013, between the Borrower and the Washington County Service Authority
[ADD ANY SERVICE CONTRACTS TRANSFERRED FROM CASTLEWOOD WSA].
“Subordinate Bonds” means bonds, notes or other evidences of indebtedness of the
Borrower described on Exhibit F, secured by or payable from a pledge of Revenues expressly
made subordinate to the pledge of Revenues securing the payment of the Local Bond.
“Support Agreement” means the Support Agreement, dated the date hereof, among the
Borrower, the Authority and the County, substantially in the form of Exhibit H hereto.
“System” means all plants, systems, facilities, equipment or property, including but not
limited to the Project, owned, operated or maintained by the Borrower and used in connection
with the collection, supply, treatment, storage or distribution of water or the collection or
treatment of wastewater as the same may from time to time exist.
“Transfer Agreement” means the Transfer Agreement dated as of __________, 2019,
between the Borrower and ____________________.
Section 1.2. Rules of Construction.  The following rules shall apply to the
construction of this Agreement unless the context requires otherwise:
(a) Singular words shall connote the plural number as well as the singular and
vice versa.
(b) All references in this Agreement to particular Sections or Exhibits are
references to Sections or Exhibits of this Agreement unless otherwise indicated.
Borrower, and an independent certified public accountant or firm of independent certified public
accountants. Such individual or firm shall be subject to the reasonable approval of the Authority.
“Revenues” means (i) all rates, fees, rentals, charges and income properly allocable to
the System in accordance with generally accepted accounting principles or resulting from the
Borrower’s ownership or operation of the System, excluding customer and other deposits subject
to refund until such deposits have become the Borrower’s property, (ii) the proceeds of any
insurance covering business interruption loss relating to the System, (iii) interest on any money
or securities related to the System held by or on behalf of the Borrower, (iv) amounts that may be
appropriated for and paid to the Borrower by the County under the Support Agreement or
otherwise, and (v) any other income from other sources pledged by the Borrower to the payment
of its Local Bond.
“Service Contracts” means the Agreement for Sale and Purchase of Water dated May 6,
2014, between the Borrower and the Buchanan County Public Service Authority; Water Sale
Agreement dated July 8, 2015, between the Borrower and the Town of Honaker, Virginia;
Agreement for the Bulk Sales of Water dated March 14, 2002, between the Borrower and the
Town of Lebanon, Virginia; Agreement for the Bulk Sale of Water dated June 11, 2001, between
the Borrower and the Tazewell County Public Service Authority; and Contract for Sale of Water
dated October 3, 2013, between the Borrower and the Washington County Service Authority
[ADD ANY SERVICE CONTRACTS TRANSFERRED FROM CASTLEWOOD WSA]
“Subordinate Bonds” means bonds, notes or other evidences of indebtedness of the
Borrower described on Exhibit F, secured by or payable from a pledge of Revenues expressly
made subordinate to the pledge of Revenues securing the payment of the Local Bond.
“Support Agreement” means the Support Agreement, dated the date hereof, among the
Borrower, the Authority and the County, substantially in the form of Exhibit H hereto.
“System” means all plants, systems, facilities, equipment or property, including but not
limited to the Project, owned, operated or maintained by the Borrower and used in connection
with the collection, supply, treatment, storage or distribution of water or the collection or
treatment of wastewater as the same may from time to time exist.
“Transfer Agreement” means the Transfer Agreement dated as of +2019,
between the Borrower and
Section 1.2. Rules of Construction. The following rules shall apply to the
construction of this Agreement unless the context requires otherwise:
(a) Singular words shall connote the plural number as well as the singular and
vice versa.
(b) All references in this Agreement to particular Sections or Exhibits are
references to Sections or Exhibits of this Agreement unless otherwise indicated.
© The headings and table of contents as used in this Agreement are solely
for convenience of reference and shall not constitute a part of this Agreement nor shall they
affect its meaning, construction or effect.
ARTICLE II
REPRESENTATIONS
Section 2.1. Representations by Borrower.  The Borrower makes the following
representations as the basis for its undertakings under this Agreement:
(a) The Borrower is a duly created and validly existing “local government”
(as defined in Section 62.1-233 of the Act) of the Commonwealth of Virginia and is vested with
the rights and powers conferred upon it by Virginia law.
(b) The Borrower has full right, power and authority to (i) adopt the Local
Resolution and execute and deliver this Agreement, the Support Agreement, the Transfer
Agreement and the other documents related thereto, (ii) issue, sell and deliver the Local Bond to
the Authority, as Administrator of the Fund, (iii) own and operate the System, (iv) fix, charge
and collect charges for the use of and for the services furnished by the System, (v) construct,
acquire or equip the Project (as described in Exhibit B) and finance or refinance the Project Costs
by borrowing money for such purpose pursuant to this Agreement and the issuance of the Local
Bond, (vi) pledge the Revenues of the System  to the payment of the Local Bond, and (vii) carry
out and consummate all of the transactions contemplated by the Local Resolution, this
Agreement, the Support Agreement and the Local Bond.
© This Agreement, the Support Agreement, the Transfer Agreement and the
Local Bond were duly authorized by the Local Resolution and are in substantially the same form
as presented to the governing body of the Borrower at its meeting at which the Local Resolution
was adopted.
(d) All governmental permits, licenses, registrations, certificates,
authorizations and approvals required to have been obtained as of the date of the delivery of this
Agreement have been obtained for (i) the Borrower’s adoption of the Local Resolution, (ii) the
execution and delivery by the Borrower of this Agreement, the Support Agreement, the Transfer
Agreement and the Local Bond, (iii) the performance and enforcement of the obligations of the
Borrower thereunder, (iv) the acquisition, construction, equipping, occupation, operation and use
of the Project, and (v) the operation and use of the System.  The Borrower knows of no reason
why any such required governmental permits, licenses, registrations, certificates, authorizations
and approvals not obtained as of the date hereof cannot be obtained as needed.
(e) This Agreement, the Support Agreement and the Transfer Agreement have
been executed and delivered by duly authorized officials of the Borrower and constitute a legal,
valid and binding obligations of the Borrower enforceable against the Borrower in accordance
with their terms.
(©) The headings and table of contents as used in this Agreement are solely
for convenience of reference and shall not constitute a part of this Agreement nor shalll they
affect its meaning, construction or effect.
ARTICLE II
REPRESENTATIONS
Section 2.1. Representations by Borrower. The Borrower makes the following
representations as the basis for its undertakings under this Agreement:
(a) The Borrower is a duly created and validly existing “local government”
(as defined in Section 62.1-233 of the Act) of the Commonwealth of Virginia and is vested with
the rights and powers conferred upon it by Virginia law.
(b) The Borrower has full right, power and authority to (i) adopt the Local
Resolution and execute and deliver this Agreement, the Support Agreement, the Transfer
Agreement and the other documents related thereto, (ii) issue, sell and deliver the Local Bond to
the Authority, as Administrator of the Fund, (iii) own and operate the System, (iv) fix, charge
and collect charges for the use of and for the services furnished by the System, (v) construct,
acquire or equip the Project (as described in Exhibit B) and finance or refinance the Project Costs
by borrowing money for such purpose pursuant to this Agreement and the issuance of the Local
Bond, (vi) pledge the Revenues of the System to the payment of the Local Bond, and (vii) carry
out and consummate all of the transactions contemplated by the Local Resolution, this
Agreement, the Support Agreement and the Local Bond.
© This Agreement, the Support Agreement, the Transfer Agreement and the
Local Bond were duly authorized by the Local Resolution and are in substantially the same form
as presented to the governing body of the Borrower at its meeting at which the Local Resolution
was adopted.
(4) All governmental permits, licenses, registrations, certificates,
authorizations and approvals required to have been obtained as of the date of the delivery of this
Agreement have been obtained for (i) the Borrower’s adoption of the Local Resolution, (ii) the
execution and delivery by the Borrower of this Agreement, the Support Agreement, the Transfer
Agreement and the Local Bond, (iii) the performance and enforcement of the obligations of the
Borrower thereunder, (iv) the acquisition, construction, equipping, occupation, operation and use
of the Project, and (v) the operation and use of the System. The Borrower knows of no reason
why any such required governmental permits, licenses, registrations, certificates, authorizations
and approvals not obtained as of the date hereof cannot be obtained as needed.
(©) This Agreement, the Support Agreement and the Transfer Agreement have
been executed and delivered by duly authorized officials of the Borrower and constitute a legal,
valid and binding obligations of the Borrower enforceable against the Borrower in accordance
with their terms.
(f) When executed and delivered in accordance with the Local Resolution and
this Agreement, the Local Bond will have been executed and delivered by duly authorized
officials of the Borrower and will constitute a legal, valid and binding limited obligation of the
Borrower enforceable against the Borrower in accordance with its terms.
(g) The issuance of the Local Bond and the execution and delivery of this
Agreement, the Support Agreement and the Transfer Agreement and the performance by the
Borrower of its obligations thereunder are within the powers of the Borrower and will not
conflict with, or constitute a breach or result in a violation of, (i) to the best of the Borrower’s
knowledge, any Federal, or Virginia constitutional or statutory provision, including the
Borrower’s charter or articles of incorporation, if any, (ii) any agreement or other instrument to
which the Borrower is a party or by which it is bound or (iii) any order, rule, regulation, decree
or ordinance of any court, government or governmental authority having jurisdiction over the
Borrower or its property.
(h) The Borrower is not in default in the payment of the principal of or
interest on any of its indebtedness for borrowed money and is not in default under any instrument
under and subject to which any indebtedness for borrowed money has been incurred.  No event
or condition has happened or existed, or is happening or existing, under the provisions of any
such instrument, including but not limited to this Agreement, which constitutes, or which, with
notice or lapse of time, or both, would constitute an event of default thereunder.
(i) The Borrower (i) to the best of the Borrower’s knowledge, is not in
violation of any existing law, rule or regulation applicable to it in any way which would have a
material adverse effect on its financial condition or its ability to perform its obligations under
this Agreement, the Support Agreement or the Local Bond and (ii) is not in default under any
indenture, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other
agreement, instrument or restriction of any kind to which the Borrower is a party or by which it
is bound or to which any of its assets is subject, which would have a material adverse effect on
its financial condition or its ability to perform its obligations under this Agreement, the Support
Agreement or the Local Bond.  The execution and delivery by the Borrower of this Agreement,
the Support Agreement or the Local Bond and the compliance with the terms and conditions
thereof will not conflict with or result in a breach of or constitute a default under any of the
foregoing.
(j) There are not pending nor, to the best of the Borrower’s knowledge,
threatened against the Borrower, any actions, suits, proceedings or investigations of a legal,
equitable, regulatory, administrative or legislative nature, (i) affecting the creation, organization
or existence of the Borrower or the title of its officers to their respective offices, (ii) seeking to
prohibit, restrain or enjoin the approval, execution, delivery or performance of the Local
Resolution, this Agreement, the Support Agreement or the Local Bond or the issuance or
delivery of the Local Bond, (iii) in any way contesting or affecting the validity or enforceability
of the Local Resolution, this Agreement, the Support Agreement, the Local Bond or any
agreement or instrument relating to any of the foregoing, (iv) in which a judgment, order or
resolution may have a material adverse effect on the Borrower or its business, assets, condition
(financial or otherwise), operations or prospects or on its ability to perform its obligations under
the Local Resolution, this Agreement, the Support Agreement or the Local Bond, (v) in any way
(6 When executed and delivered in accordance with the Local Resolution and
this Agreement, the Local Bond will have been executed and delivered by duly authorized
officials of the Borrower and will constitute a legal, valid and binding limited obligation of the
Borrower enforceable against the Borrower in accordance with its terms.
(g) The issuance of the Local Bond and the execution and delivery of this,
‘Agreement, the Support Agreement and the Transfer Agreement and the performance by the
Borrower of its obligations thereunder are within the powers of the Borrower and will not
conflict with, or constitute a breach or result in a violation of, (i) to the best of the Borrower’s
knowledge, any Federal, or Virginia constitutional or statutory provision, including the
Borrower’s charter or articles of incorporation, if any, (ii) any agreement or other instrument to
which the Borrower is a party or by which it is bound or (iii) any order, rule, regulation, decree
or ordinance of any court, government or governmental authority having jurisdiction over the
Borrower or its property.
(h) The Borrower is not in default in the payment of the principal of or
interest on any of its indebtedness for borrowed money and is not in default under any instrument
under and subject to which any indebtedness for borrowed money has been incurred. No event
or condition has happened or existed, or is happening or existing, under the provisions of any
such instrument, including but not limited to this Agreement, which constitutes, or which, with
notice or lapse of time, or both, would constitute an event of default thereunder.
(i) The Borrower (i) to the best of the Borrower’s knowledge, is not in
violation of any existing law, rule or regulation applicable to it in any way which would have a
material adverse effect on its financial condition or its ability to perform its obligations under
this Agreement, the Support Agreement or the Local Bond and (ii) is not in default under any
indenture, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other
agreement, instrument or restriction of any kind to which the Borrower is a party or by which it
is bound or to which any of its assets is subject, which would have a material adverse effect on
its financial condition or its ability to perform its obligations under this Agreement, the Support
‘Agreement or the Local Bond. ‘The execution and delivery by the Borrower of this Agreement,
the Support Agreement or the Local Bond and the compliance with the terms and conditions
thereof will not conflict with or result in a breach of or constitute a default under any of the
foregoing.
(j) There are not pending nor, to the best of the Borrower’s knowledge,
threatened against the Borrower, any actions, suits, proceedings or investigations of a legal,
equitable, regulatory, administrative or legislative nature, (i) affecting the creation, organization
or existence of the Borrower or the title of its officers to their respective offices, (ii) seeking to
prohibit, restrain or enjoin the approval, execution, delivery or performance of the Local
Resolution, this Agreement, the Support Agreement or the Local Bond or the issuance or
delivery of the Local Bond, (iii) in any way contesting or affecting the validity or enforceability
of the Local Resolution, this Agreement, the Support Agreement, the Local Bond or any
agreement or instrument relating to any of the foregoing, (iv) in which a judgment, order or
resolution may have a material adverse effect on the Borrower or its business, assets, condition
(financial or otherwise), operations or prospects or on its ability to perform its obligations under
the Local Resolution, this Agreement, the Support Agreement or the Local Bond, (v) in any way
affecting or contesting the undertaking of the Project, or (vi) contesting or challenging the power
of the Borrower to pledge the Revenues to the payment of the Local Bond.
(k) There have been no defaults by any contractor or subcontractor under any
contract made by the Borrower in connection with the construction or equipping of the Project.
(l) No material adverse change has occurred in the financial condition of the
Borrower as indicated in the financial statements, applications and other information furnished to
the Authority.
(m) Except as may otherwise be approved by the Authority or permitted by the
terms of this Agreement, the System at all times is and will be owned by the Borrower and will
not be operated or controlled by any other entity or person.
(n) There is no indebtedness of the Borrower secured by or payable from a
pledge of Revenues on a parity with or prior to the lien of the pledge of Revenues securing the
Local Bond except any Existing Parity Bonds or Prior Bonds set forth on Exhibit F.
(o) The Service Contracts are in full force and effect; no default or event of
default has occurred and is continuing under the Service Contracts; and the Borrower is not
currently aware of any fact or circumstance that would have an adverse impact on the
Borrower’s ability to set rates, to receive payments, or to exercise any other rights and remedies
available to the Borrower, under or pursuant to the Service Contracts.
(p) No Event of Default or Default has occurred and is continuing.
ARTICLE III
ISSUANCE AND DELIVERY OF THE LOCAL BOND
Section 3.1. Loan to Borrower and Purchase of the Local Bond. The Borrower
agrees to borrow from the Authority and the Authority agrees to lend to the Borrower, from the
Fund, the principal amount equal to the sum of the principal disbursements made pursuant to
Section 4.1, but not to exceed $_____ for the purposes herein set forth, a portion of which may
be made from federal financial assistance.  The Borrower’s obligation shall be evidenced by the
Local Bond, which shall be in substantially the form of Exhibit A attached hereto and made a
part hereof and delivered to the Authority on the Closing Date.  The Local Bond shall be in the
original principal amount of the loan and shall mature, bear a Cost of Funds and be payable as
hereinafter provided.
Section 3.2. Conditions Precedent to Purchase of the Local Bond.  The Authority
shall not be required to make the loan to Borrower and purchase the Local Bond unless the
Authority shall have received the following, all in form and substance satisfactory to the
Authority:
(a) The Local Bond, the Funding Agreement, the Support Agreement and the
Transfer Agreement.
affecting or contesting the undertaking of the Project, or (vi) contesting or challenging the power
of the Borrower to pledge the Revenues to the payment of the Local Bond.
(k) There have been no defaults by any contractor or subcontractor under any
contract made by the Borrower in connection with the construction or equipping of the Project.
(1) No material adverse change has occurred in the financial condition of the
Borrower as indicated in the financial statements, applications and other information furnished to
the Authority.
(m) _ Except as may otherwise be approved by the Authority or permitted by the
terms of this Agreement, the System at all times is and will be owned by the Borrower and will
not be operated or controlled by any other entity or person.
(n) There is no indebtedness of the Borrower secured by or payable from a
pledge of Revenues on a parity with or prior to the lien of the pledge of Revenues securing the
Local Bond except any Existing Parity Bonds or Prior Bonds set forth on Exhibit F
(0) The Service Contracts are in full force and effect; no default or event of
default has occurred and is continuing under the Service Contracts; and the Borrower is not
currently aware of any fact or circumstance that would have an adverse impact on the
Borrower’s ability to set rates, to receive payments, or to exercise any other rights and remedies
available to the Borrower, under or pursuant to the Service Contracts.
(p) No Event of Default or Default has occurred and is continuing.
ARTICLE II
ISSUANCE AND DELIVERY OF THE LOCAL BOND
Section 3.1, Loan to Borrower and Purchase of the Local Bond, The Borrower
agrees to borrow from the Authority and the Authority agrees to lend to the Borrower, from the
Fund, the principal amount equal to the sum of the principal disbursements made pursuant to
Section 4.1, but not to exceed $__for the purposes herein set forth, a portion of which may
be made from federal financial assistance. The Borrower’s obligation shall be evidenced by the
Local Bond, which shall be in substantially the form of Exhibit A attached hereto and made a
part hereof and delivered to the Authority on the Closing Date. The Local Bond shall be in the
original principal amount of the loan and shall mature, bear a Cost of Funds and be payable as
hereinafter provided.
Section 3.2. Conditions Precedent to Purchase of the Local Bond. The Authority
shall not be required to make the loan to Borrower and purchase the Local Bond unless the
Authority shall have received the following, all in form and substance satisfactory to the
Authority:
(a) The Local Bond, the Funding Agreement, the Support Agreement and the
Transfer Agreement,
(b) A certified copy of the Local Resolution.
© A certificate of appropriate officials of the Borrower as to the matters set
forth in Section 2.1 and such other matters as the Authority may reasonably require.
(d) A closing certificate from the Department certifying that the Project is in
compliance with all federal and state laws and project requirements applicable to the Fund.
(e) A certificate of the Consulting Engineer estimating the total Project Costs
to be financed with the Local Bond Proceeds, which estimate is in an amount and otherwise
compatible with the financing plan described in the Project Budget.
(f) A certificate of the Consulting Engineer to the effect that in the opinion of
the Consulting Engineer (i) the Project will be a part of the System, and (ii) the Local Bond
Proceeds and funds available from the other sources specified in the Project Budget will be
sufficient to pay the estimated Project Costs.
(g) A certificate, including supporting documentation, of a Qualified
Independent Consultant that in the opinion of the Qualified Independent Consultant, during the
first two complete Fiscal Years of the Borrower following completion of the Project, the
projected Net Revenues Available for Debt Service will satisfy the rate covenant made by the
Borrower in Section 5.1(a).  In providing this certificate, the Qualified Independent Consultant
may take into consideration future System rate increases, provided that such rate increases have
been duly approved by the governing body of the Borrower and any other person or entity
required to give approval for the rate increase to become effective.  In addition, the Qualified
Independent Consultant may take into consideration additional future revenues to be derived
under existing contractual arrangements entered into by the Borrower and from reasonable
estimates of growth in the consumer base of the Borrower.
(h) A certificate of the Consulting Engineer as to the date the Borrower is
expected to complete the acquisition, construction and equipping of the Project.
(i) Evidence satisfactory to the Authority that all governmental permits,
licenses, registrations, certificates, authorizations and approvals for the Project required to have
been obtained as of the date of the delivery of this Agreement have been obtained and a
statement of the Consulting Engineer that he knows of no reason why any future required
governmental permits, licenses, registrations, certificates, authorizations and approvals cannot be
obtained as needed.
(j) Evidence satisfactory to the Authority that the Borrower has obtained or
has made arrangements satisfactory to the Authority to obtain any funds or other financing for
the Project as contemplated in the Project Budget.
(b) A certified copy of the Local Resolution.
© A certificate of appropriate officials of the Borrower as to the matters set
forth in Section 2.1 and such other matters as the Authority may reasonably require,
(4) A closing certificate from the Department certifying that the Project is in
compliance with all federal and state laws and project requirements applicable to the Fund.
(©) A certificate of the Consulting Engineer estimating the total Project Costs
to be financed with the Local Bond Proceeds, which estimate is in an amount and otherwise
compatible with the financing plan described in the Project Budget.
(8) A certificate of the Consulting Engineer to the effect that in the opinion of
the Consulting Engineer (i) the Project will be a part of the System, and (ii) the Local Bond
Proceeds and funds available from the other sources specified in the Project Budget will be
sufficient to pay the estimated Project Costs.
(g) A certificate, including supporting documentation, of a Qualified
Independent Consultant that in the opinion of the Qualified Independent Consultant, during the
first two complete Fiscal Years of the Borrower following completion of the Project, the
projected Net Revenues Available for Debt Service will satisfy the rate covenant made by the
Borrower in Section 5.1(a). In providing this certificate, the Qualified Independent Consultant
may take into consideration future System rate increases, provided that such rate increases have
been duly approved by the governing body of the Borrower and any other person or entity
required to give approval for the rate increase to become effective. In addition, the Qualified
Independent Consultant may take into consideration additional future revenues to be derived
under existing contractual arrangements entered into by the Borrower and from reasonable
estimates of growth in the consumer base of the Borrower.
(h) A certificate of the Consulting Engineer as to the date the Borrower is
expected to complete the acquisition, construction and equipping of the Project.
(i) Evidence satisfactory to the Authority that all governmental permits,
licenses, registrations, certificates, authorizations and approvals for the Project required to have
been obtained as of the date of the delivery of this Agreement have been obtained and a
statement of the Consulting Engineer that he knows of no reason why any future required
governmental permits, licenses, registrations, certificates, authorizations and approvals cannot be
obtained as needed.
(j)__ Evidence satisfactory to the Authority that the Borrower has obtained or
has made arrangements satisfactory to the Authority to obtain any funds or other financing for
the Project as contemplated in the Project Budget.
(k) Evidence satisfactory to the Authority that the Borrower has performed
and satisfied all of the terms and conditions contained in this Agreement to be performed and
satisfied by it as of such date.
(l) An Opinion of Counsel, substantially in the form of Exhibit D, addressed
to the Fund and the Authority.
(m) An opinion of counsel to the Borrower in form and substance reasonably
satisfactory to the Authority.
(n) Evidence satisfactory to the Authority that the Borrower has complied
with the insurance provisions set forth in Sections 9.1 and 9.2 hereof.
(o) Evidence that the Borrower has satisfied all conditions precedent to the
issuance of the Local Bond as a “Parity Bond” under the financing agreements for the Existing
Parity Bonds.
(p) Evidence satisfactory to the Authority that the Service Contracts are in full
force and effect and that they are binding and enforceable agreements as to each of the Borrower
and the other parties to such agreements.
(q) Such other documentation, certificates and opinions as the Authority, the
Board or the Department may reasonably require, including an opinion from counsel acceptable
to the Authority that the Support Agreement and the Transfer Agreement are valid and
enforceable against the Borrower, subject to usual and customary qualifications.
ARTICLE IV
USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT
Section 4.1. Application of Proceeds.
(a) The Borrower agrees to apply the Local Bond Proceeds solely and exclusively to
the payment, or the reimbursement of the Borrower for the payment, of Project Costs and further
agrees to exhibit to the Board or the Authority receipts, vouchers, statements, bills of sale or
other evidence of the actual payment of such Project Costs.  The Authority shall disburse money
from the Fund to or for the account of the Borrower not more frequently than once each calendar
month (unless otherwise agreed by the Authority and the Borrower) upon receipt by the
Authority (with a copy to be furnished to the Board) of the following:
(1) A requisition (upon which the Authority, the Board and the Department
shall be entitled to rely) signed by an Authorized Representative and containing all information
called for by, and otherwise being in the form of, Exhibit E to this Agreement;
(2) If any requisition includes an item for payment for labor or to contractors,
builders or materialmen,
(k) Evidence satisfactory to the Authority that the Borrower has performed
and satisfied all of the terms and conditions contained in this Agreement to be performed and
satisfied by it as of such date.
(1) An Opinion of Counsel, substantially in the form of Exhibit D, addressed
to the Fund and the Authority.
(m) An opinion of counsel to the Borrower in form and substance reasonably
satisfactory to the Authority.
(n) Evidence satisfactory to the Authority that the Borrower has complied
with the insurance provisions set forth in Sections 9.1 and 9.2 hereof.
(0) Evidence that the Borrower has satisfied all conditions precedent to the
issuance of the Local Bond as a “Parity Bond” under the financing agreements for the Existing
Parity Bonds.
(p) _ Evidence satisfactory to the Authority that the Service Contracts are in full
force and effect and that they are binding and enforceable agreements as to each of the Borrower
and the other parties to such agreements.
(q) Such other documentation, certificates and opinions as the Authority, the
Board or the Department may reasonably require, including an opinion from counsel acceptable
to the Authority that the Support Agreement and the Transfer Agreement are valid and
enforceable against the Borrower, subject to usual and customary qualifications.
ARTICLE IV
USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT
Section 4.1. Application of Proceeds,
(a) The Borrower agrees to apply the Local Bond Proceeds solely and exclusively to
the payment, or the reimbursement of the Borrower for the payment, of Project Costs and further
agrees to exhibit to the Board or the Authority receipts, vouchers, statements, bills of sale or
other evidence of the actual payment of such Project Costs. The Authority shall disburse money
from the Fund to or for the account of the Borrower not more frequently than once each calendar
month (unless otherwise agreed by the Authority and the Borrower) upon receipt by the
Authority (with a copy to be furnished to the Board) of the following:
(1) A requisition (upon which the Authority, the Board and the Department
shall be entitled to rely) signed by an Authorized Representative and containing all information
called for by, and otherwise being in the form of, Exhibit E to this Agreement;
(2) Ifany requisition includes an item for payment for labor o to contractors,
builders or materialmen,
(i) a certificate, signed by the Consulting Engineer, stating that such
work was actually performed or such materials, supplies or equipment
were actually furnished or installed in or about the construction of the
Project; and
(ii) a certificate, signed by an Authorized Representative, stating either
that such materials, supplies or equipment are not subject to any lien or
security interest or that such lien or security interest will be released or
discharged upon payment of the requisition.
Upon receipt of each such requisition and accompanying certificate or certificates and
approval thereof by the Board, the Authority shall disburse Local Bond Proceeds hereunder to or
for the account of the Borrower in accordance with such requisition in an amount and to the
extent approved by the Board and shall note the date and amount of each such disbursement on a
schedule of principal disbursements to be included on the Local Bond.  The Authority shall have
no obligation to disburse any such Local Bond Proceeds if the Borrower is in default hereunder
nor shall the Board have any obligation to approve any requisition if the Borrower is not in
compliance with the terms of this Agreement.
(b) The Borrower shall comply with all applicable laws of the Commonwealth of
Virginia, including but not limited to, the Virginia Public Procurement Act, as amended,
regarding the awarding and performance of public construction contracts related to the Project.

Except as may otherwise be approved by the Board, disbursements shall be held at ninety-five
percent (95%) of the maximum authorized amount of the Local Bond to ensure satisfactory
completion of the Project.  Upon receipt from the Borrower of the certificate specified in
Section 4.2 and a final requisition detailing all retainages to which the Borrower is then entitled,
the Authority, to the extent approved by the Board and subject to the provisions of this Section
and Section 4.2, will disburse to or for the account of the Borrower Local Bond Proceeds to the
extent of such approval.
The Authority shall have no obligation to disburse Local Bond Proceeds in excess of the
amount necessary to pay for approved Project Costs.  If principal disbursements up to the
maximum authorized amount of the Local Bond are not made, principal installments due on the
Local Bond shall be reduced only in accordance with Section 6.1.
Section 4.2. Agreement to Accomplish Project.  The Borrower agrees to cause the
Project to be acquired, constructed, expanded, renovated or equipped as described in Exhibit B
and in accordance with the Project Budget and the plans, specifications and designs prepared by
the Consulting Engineer and approved by the Board.  The Borrower shall use its best efforts to
complete the Project by the date set forth in the certificate provided to the Authority pursuant to
Section 3.2(h).  All plans, specifications and designs shall be approved by all applicable
regulatory agencies.  The Borrower agrees to maintain complete and accurate books and records
of the Project Costs and permit the Authority and the Board through their duly authorized
representatives to inspect such books and records at any reasonable time.  The Borrower and the
(i) a certificate, signed by the Consulting Engineer, stating that such
work was actually performed or such materials, supplies or equipment
were actually furnished or installed in or about the construction of the
Project; and
(ii) a certificate, signed by an Authorized Representative, stating either
that such materials, supplies or equipment are not subject to any lien or
security interest or that such lien or security interest will be released or
discharged upon payment of the requisition.
Upon receipt of each such requisition and accompanying certificate or certificates and
approval thereof by the Board, the Authority shall disburse Local Bond Proceeds hereunder to or
for the account of the Borrower in accordance with such requisition in an amount and to the
extent approved by the Board and shall note the date and amount of each such disbursement on a
schedule of principal disbursements to be included on the Local Bond. The Authority shall have
‘no obligation to disburse any such Local Bond Proceeds if the Borrower is in default hereunder.
nor shalll the Board have any obligation to approve any requisition if the Borrower is not in
compliance with the terms of this Agreement.
(b) The Borrower shall comply with all applicable laws of the Commonwealth of
Virginia, including but not limited to, the Virginia Public Procurement Act, as amended,
regarding the awarding and performance of public construction contracts related to the Project.
Except as may otherwise be approved by the Board, disbursements shalll be held at ninety-five
percent (95%) of the maximum authorized amount of the Local Bond to ensure satisfactory
completion of the Project. Upon receipt from the Borrower of the certificate specified in
Section 4.2 and a final requisition detailing all retainages to which the Borrower is then entitled,
the Authority, to the extent approved by the Board and subject to the provisions of this Section
and Section 4.2, will disburse to or for the account of the Borrower Local Bond Proceeds to the
extent of such approval.
The Authority shall have no obligation to disburse Local Bond Proceeds in excess of the
amount necessary to pay for approved Project Costs. If principal disbursements up to the
maximum authorized amount of the Local Bond are not made, principal installments due on the
Local Bond shall be reduced only in accordance with Section 6.1
Section 4.2. Agreement to Accomplish Project. The Borrower agrees to cause the
Project to be acquired, constructed, expanded, renovated or equipped as described in Exhibit B
and in accordance with the Project Budget and the plans, specifications and designs prepared by
the Consulting Engineer and approved by the Board. The Borrower shall use its best efforts to
complete the Project by the date set forth in the certificate provided to the Authority pursuant to
Section 3.2(h). All plans, specifications and designs shall be approved by all applicable
regulatory agencies. The Borrower agrees to maintain complete and accurate books and records
of the Project Costs and permit the Authority and the Board through their duly authorized
representatives to inspect such books and records at any reasonable time. The Borrower and the
Authority, with the consent of the Board, may amend the description of the Project set forth in
Exhibit B.
When the Project has been completed, the Borrower shall promptly deliver to the
Authority and the Board a certificate signed by an Authorized Representative of the Borrower
and by the Consulting Engineer stating (i) that the Project has been completed substantially in
accordance with this Section, the plans and specifications as amended from time to time, as
approved by the Board, and in substantial compliance with all material applicable laws,
ordinances, rules and regulations, (ii) the date of such completion, (iii) that all certificates of
occupancy or other material permits necessary for the Project’s use, occupancy and operation
have been issued or obtained, and (iv) the amount, if any, to be reserved for payment of Project
Costs.
Section 4.3. Permits.  The Borrower, at its sole cost and expense, shall comply with,
and shall obtain all permits, consents and approvals required by local, state or federal laws,
ordinances, rules, regulations or requirements in connection with the acquisition, construction,
equipping, occupation, operation or use of the Project.  The Borrower shall, upon request,
promptly furnish to the Authority and the Board copies of all such permits, consents and
approvals.  The Borrower shall also comply with all lawful program or procedural guidelines or
requirements duly promulgated and amended from time to time by the Board in connection with
the acquisition, construction, equipping, occupation, operation or use of projects financed from
the Fund under the Act.  The Borrower shall also comply in all respects with all applicable
federal laws, regulations and other requirements relating to or arising out of or in connection
with the Project and the funding thereof from the Fund, including, but not limited to, the federal
“crosscutting” requirements identified in Schedule A of the Commitment Letter.  Where
noncompliance with such requirements is determined by the Authority or the Board, the issue
shall be referred to the proper federal authority or agency for consultation or enforcement action.
Section 4.4. Construction Contractors.  Each construction contractor employed in the
accomplishment of the Project shall be required in the construction contract to furnish a
performance bond and a payment bond each in an amount equal to one hundred percent (100%)
of the particular contract price.  Such bonds shall list the Borrower, the Fund, the Authority and
the Board as beneficiaries.  Each contractor shall be required to maintain during the construction
period covered by the particular construction contract builder’s risk insurance, workers’
compensation insurance, public liability insurance, property damage insurance and vehicle
liability insurance in amounts and on terms satisfactory to the Consulting Engineer.  Upon
request of the Authority or the Board, the Borrower shall cause each contractor to furnish
evidence of such bonds and insurance to the Authority and the Board.
Section 4.5. Engineering Services.  The Borrower shall retain a Consulting Engineer
to provide engineering services covering the operation of the System and the supervision and
inspection of the construction of the Project.  The Consulting Engineer shall certify to the Fund,
the Authority and the Board as to the various stages of the completion of the Project as
disbursements of Local Bond Proceeds are requested and shall upon completion of the Project
provide to the Fund, the Authority and the Board the certificates required by Sections 4.1 and
4.2.
Authority, with the consent of the Board, may amend the description of the Project set forth in
Exhibit B
When the Project has been completed, the Borrower shall promptly deliver to the
Authority and the Board a certificate signed by an Authorized Representative of the Borrower
and by the Consulting Engineer stating (i) that the Project has been completed substantially in
accordance with this Section, the plans and specifications as amended from time to time, as
approved by the Board, and in substantial compliance with all material applicable laws,
ordinances, rules and regulations, (ii) the date of such completion, (iii) that all certificates of
occupancy or other material permits necessary for the Project’s use, occupancy and operation
have been issued or obtained, and (iv) the amount, if any, to be reserved for payment of Project
Costs.
Section 4.3. Permits. The Borrower, at its sole cost and expense, shall comply with,
and shall obtain all permits, consents and approvals required by local, state or federal laws,
ordinances, rules, regulations or requirements in connection with the acquisition, construction,
equipping, occupation, operation or use of the Project. The Borrower shall, upon request,
promptly furnish to the Authority and the Board copies of all such permits, consents and
approvals. The Borrower shall also comply with all lawful program or procedural guidelines or
requirements duly promulgated and amended from time to time by the Board in connection with
the acquisition, construction, equipping, occupation, operation or use of projects financed from
the Fund under the Act. The Borrower shall also comply in all respects with all applicable
federal laws, regulations and other requirements relating to or arising out of or in connection
with the Project and the funding thereof from the Fund, including, but not limited to, the federal
“crosscutting” requirements identified in Schedule A of the Commitment Letter. Where
noncompliance with such requirements is determined by the Authority or the Board, the issue
shall be referred to the proper federal authority or agency for consultation or enforcement action,
Section 4.4. Construction Contractors. Each construction contractor employed in the
accomplishment of the Project shall be required in the construction contract to furnish a
performance bond and a payment bond each in an amount equal to one hundred percent (100%)
of the particular contract price. Such bonds shall list the Borrower, the Fund, the Authority and
the Board as beneficiaries. Each contractor shall be required to maintain during the construction
period covered by the particular construction contract builder’s risk insurance, workers”
‘compensation insurance, public liability insurance, property damage insurance and vehicle
liability insurance in amounts and on terms satisfactory to the Consulting Engineer. Upon
request of the Authority or the Board, the Borrower shall cause each contractor to furnish
evidence of such bonds and insurance to the Authority and the Board.
Section 4.5. Engineering Services. The Borrower shall retain a Consulting Engineer
to provide engineering services covering the operation of the System and the supervision and
inspection of the construction of the Project. The Consulting Engineer shall certify to the Fund,
the Authority and the Board as to the various stages of the completion of the Project as
disbursements of Local Bond Proceeds are requested and shall upon completion of the Project
provide to the Fund, the Authority and the Board the certificates required by Sections 4.1 and
4.2.
Section 4.6. Borrower Required to Complete Project.  If the Local Bond Proceeds
are not sufficient to pay in full the cost of the Project, the Borrower will complete the Project at
its own expense and shall not be entitled to any reimbursement therefor from the Fund, the
Authority or the Board or any abatement, diminution or postponement of the Borrower’s
payments under the Local Bond or this Agreement.
ARTICLE V
PLEDGE, REVENUES AND RATES
Section 5.1. Pledge of Revenues; Rate Covenant.  Subject to the Borrower’s right to
apply Revenues to the payment of Operation and Maintenance Expense, the Revenues are hereby
pledged to the Authority, as Administrator of the Fund, to secure the payment of the principal of and
Cost of Funds on the Local Bond and the payment and performance of the Borrower’s obligations
under this Agreement.  This pledge shall be valid and binding from and after the execution and
delivery of this Agreement.  The Revenues, as received by the Borrower, shall immediately be
subject to the lien of this pledge without any physical delivery of them or further act.  The lien of
this pledge of the Revenues is on a parity with the lien of the pledge of the Revenues securing the
Existing Parity Bonds.  The lien of this pledge shall, subject to the right of the Borrower to apply
Revenues to the payment of Operation and Maintenance Expense, have priority over all other
obligations and liabilities of the Borrower, and the lien of this pledge shall be valid and binding
against all parties having claims of any kind against the Borrower regardless of whether such parties
have notice of this pledge.
(a) The Borrower covenants and agrees that it will fix and collect rates, fees and other
charges for the use of and for services furnished or to be furnished by the System, and will from
time to time revise such rates, fees and other charges so that in each Fiscal Year the Net Revenues
Available for Debt Service will equal at least 100% of the amount required during the Fiscal Year to
pay the principal of and Cost of Funds on the Local Bond, the Additional Payments and all other
indebtedness of the Borrower secured by or payable from Revenues including without limitation,
indebtedness under leases which are treated as capital leases under generally accepted accounting
principles.  If, for any reason, the Revenues are insufficient to satisfy the foregoing covenant, the
Borrower shall within ninety (90) days adjust and increase its rates, fees and other charges or reduce
its Operation and Maintenance Expense so as to provide sufficient Revenues to satisfy such
requirement.
(b) On or before the last day of each Fiscal Year, the Borrower shall review the
adequacy of its rates, fees and other charges for the next Fiscal Year, and, if such review indicates
the Borrower’s rates, fees and other charges are insufficient to satisfy the rate covenant in
subsection (a) of this Section, the Borrower shall promptly take appropriate action to increase its
rates, fees and other charges or reduce its Operations and Maintenance Expense to cure any
deficiency.
Section 5.2. Annual Budget.  The Borrower agrees before the first day of each Fiscal
Year to adopt a budget for such Fiscal Year containing all information called for by, and otherwise
Section 4.6. Borrower Required to Complete Project. If the Local Bond Proceeds
are not sufficient to pay in full the cost of the Project, the Borrower will complete the Project at
its own expense and shall not be entitled to any reimbursement therefor from the Fund, the
Authority or the Board or any abatement, diminution or postponement of the Borrower’s
payments under the Local Bond or this Agreement.
ARTICLE V
PLEDGE, REVENUES AND RATES
Section 5.1, Pledge of Revenues; Rate Covenant, Subject to the Borrower’s right to
apply Revenues to the payment of Operation and Maintenance Expense, the Revenues are hereby
pledged to the Authority, as Administrator of the Fund, to secure the payment of the principal of and
Cost of Funds on the Local Bond and the payment and performance of the Borrower’s obligations
under this Agreement. This pledge shall be valid and binding from and after the execution and
delivery of this Agreement. The Revenues, as received by the Borrower, shall immediately be
subject to the lien of this pledge without any physical delivery of them or further act. The lien of
this pledge of the Revenues is on a parity with the lien of the pledge of the Revenues securing the
Existing Parity Bonds. The lien of this pledge shall, subject to the right of the Borrower to apply
Revenues to the payment of Operation and Maintenance Expense, have priority over all other
obligations and liabilities of the Borrower, and the lien of this pledge shall be valid and binding
against all parties having claims of any kind against the Borrower regardless of whether such parties
have notice of this pledge.
(a) The Borrower covenants and agrees that it will fix and collect rates, fees and other
charges for the use of and for services furnished or to be furnished by the System, and will from
time to time revise such rates, fees and other charges so that in each Fiscal Year the Net Revenues
Available for Debt Service will equal at least 100% of the amount required during the Fiscal Year to
pay the principal of and Cost of Funds on the Local Bond, the Additional Payments and all other
indebtedness of the Borrower secured by or payable from Revenues including without limitation,
indebtedness under leases which are treated as capital leases under generally accepted accounting
principles. If, for any reason, the Revenues are insufficient to satisfy the foregoing covenant, the
Borrower shall within ninety (90) days adjust and increase its rates, fees and other charges or reduce
its Operation and Maintenance Expense so as to provide sufficient Revenues to satisfy such
requirement.
(b) On or before the last day of each Fiscal Year, the Borrower shall review the
adequacy of its rates, fees and other charges for the next Fiscal Year, and, if such review indicates
the Borrower’s rates, fees and other charges are insufficient to satisfy the rate covenant in
subsection (a) of this Section, the Borrower shall promptly take appropriate action to increase its
rates, fees and other charges or reduce its Operations and Maintenance Expense to cure any
deficiency.
Section 5.2. Annual Budget. The Borrower agrees before the first day of each Fiscal
Year to adopt a budget for such Fiscal Year containing all information called for by, and otherwise
being in the form of, Exhibit H to this Agreement, for such Fiscal Year setting forth a schedule of
the rates, fees and other charges to be imposed by the Borrower, the Revenues estimated to be
generated thereby, the expenditures anticipated by the Borrower for operations, maintenance,
repairs, replacements, improvements, debt service and other purposes, and specifically identifying
any amounts made available by the County pursuant to the Support Agreement.  Such budget as
approved by the Borrower’s governing body is referred to in this Agreement as the Annual Budget.

The Borrower may at any time during any Fiscal Year amend the Annual Budget for such Fiscal
Year so long as such amendment does not result in a Default.  The Borrower shall submit a copy of
the Annual Budget and any amendments thereto to the Authority.
Section 5.3.  Qualified Independent Consultant’s Report.  (a)  If at the end of any
Fiscal Year, the Borrower is not in compliance with the rate covenant made by the Borrower in
Section 5.1(a), within two hundred ten (210) days after the end of such Fiscal Year, the Borrower
shall obtain a report from the Qualified Independent Consultant giving advice and making
recommendations as to the proper maintenance, repair, replacement and operation of the System
for the next ensuing Fiscal Year and estimating the costs thereof as to the rates, fees, and other
charges which should be established by the Borrower to satisfy the rate covenant in Section
5.1(a).  The Borrower shall promptly furnish a copy of such report to the Authority and, subject
to Section 5.3(b), take measures to implement the recommendations of the Qualified Independent
Consultant within ninety (90) days of obtaining such report.
(b) If the Borrower determines that the Qualified Independent Consultant’s
recommendations are impractical or inappropriate, the Borrower may in lieu thereof adopt other
procedures which the Borrower believes will bring it into compliance with the rate covenant
made by the Borrower in Section 5.1(a) when such measures have been implemented and
become fully effective.  Such alternative plan shall be filed with the Authority not later than
thirty (30) days after receipt of the Qualified Independent Consultant’s report along with a
detailed explanation of the Borrower’s reason for rejecting the Qualified Independent
Consultant’s recommendations.  Notwithstanding anything herein to the contrary, the Authority
reserves the right, in its sole discretion, to reject such alternate procedures and require the
Borrower to comply with the Qualified Independent Consultant’s recommendations.
ARTICLE VI
PAYMENTS
Section 6.1. Payment of Local Bond. (a) The Local Bond shall be dated the date of its
delivery to the Authority.  The Cost of Funds on the Local Bond shall be computed on the
disbursed principal balance thereof from the date of each disbursement at the rate of two and
fifty one-hundredths percent (2.50%) per annum, consisting of the following:
(i) interest of one percent (1.00%) per annum payable for the benefit of the Fund, and
(ii) one and fifty one-hundredths percent (1.50%) per annum payable as an Annual
Administrative Fee.
being in the form of, Exhibit H to this Agreement, for such Fiscal Year setting forth a schedule of
the rates, fees and other charges to be imposed by the Borrower, the Revenues estimated to be
generated thereby, the expenditures anticipated by the Borrower for operations, maintenance,
repairs, replacements, improvements, debt service and other purposes, and specifically identifying
any amounts made available by the County pursuant to the Support Agreement. Such budget as
approved by the Borrower’s governing body is referred to in this Agreement as the Annual Budget.
‘The Borrower may at any time during any Fiscal Year amend the Annual Budget for such Fiscal
Year so long as such amendment does not result in a Default. The Borrower shall submit a copy of
the Annual Budget and any amendments thereto to the Authority.
Section 5.3. Qualified Independent Consultant’s Report. (a) If at the end of any
Fiscal Year, the Borrower is not in compliance with the rate covenant made by the Borrower in
Section 5.1(a), within two hundred ten (210) days after the end of such Fiscal Year, the Borrower
shall obtain a report from the Qualified Independent Consultant giving advice and making
recommendations as to the proper maintenance, repair, replacement and operation of the System
for the next ensuing Fiscal Year and estimating the costs thereof as to the rates, fees, and other
charges which should be established by the Borrower to satisfy the rate covenant in Section
5.1(a). The Borrower shall promptly furnish a copy of such report to the Authority and, subject
to Section 5.3(b), take measures to implement the recommendations of the Qualified Independent
Consultant within ninety (90) days of obtaining such report.
(b) If the Borrower determines that the Qualified Independent Consultant’s
recommendations are impractical or inappropriate, the Borrower may in lieu thereof adopt other
procedures which the Borrower believes will bring it into compliance with the rate covenant
made by the Borrower in Section 5.1(a) when such measures have been implemented and
become fully effective. Such alternative plan shall be filed with the Authority not later than
thirty (30) days after receipt of the Qualified Independent Consultant’s report along with a
detailed explanation of the Borrower’s reason for rejecting the Qualified Independent
Consultant’s recommendations. Notwithstanding anything herein to the contrary, the Authority
reserves the right, in its sole discretion, to reject such alternate procedures and require the
Borrower to comply with the Qualified Independent Consultant’s recommendations.
ARTICLE VI
PAYMENTS
Section 6.1, Payment of Local Bond. (a) ‘The Local Bond shall be dated the date of its
delivery to the Authority. The Cost of Funds on the Local Bond shall be computed on the
disbursed principal balance thereof from the date of each disbursement at the rate of two and
fifty one-hundredths percent (2.50%) per annum, consisting of the following:
(i) interest of one percent (1.00%) per annum payable for the benefit of the Fund, and
(ii) one and fifty one-hundredths percent (1.50%) per annum payable as an Annual
Administrative Fee.
(b) The Cost of Funds only on all amounts disbursed under the Local Bond shall be
due and payable on __________ 1, 20__.  Commencing __________ 1, 20__ and continuing
semi-annually thereafter on __________ 1 and __________ 1 in each year, principal and Cost of
Funds due under the Local Bond shall be payable in equal installments of $, with a final
installment of $ due and payable on __________ 1, 20__, when, if not sooner paid, all
amounts due hereunder and under the Local Bond shall be due and payable in full.  Each
installment shall be applied first to payment of the Cost of Funds accrued and unpaid to the
payment date and then to principal.  If principal disbursements up to the maximum authorized
amount of the Local Bond are not made, the principal amount due on the Local Bond shall not
include such undisbursed amount.  However, unless the Borrower and the Authority agree
otherwise in writing, until all amounts due hereunder and under the Local Bond shall have been
paid in full, less than full disbursement of the maximum authorized amount of the Local Bond
shall not postpone the due date of any semi-annual installment due on the Local Bond, or change
the amount of such installment.  If any installment of principal of or Cost of Funds on the Local
Bond is not paid within ten (10) days after its due date, the Borrower agrees to pay to the
Authority a late payment charge in an amount equal to five percent (5.0%) of the overdue
installment.
Section 6.2. Payment of Additional Payments.  In addition to the payments of
principal of and Cost of Funds on the Local Bond, the Borrower agrees to pay on demand of the
Authority the following Additional Payments:
(1) The costs of the Fund, the Authority, the Department or the Board
in connection with the enforcement of this Agreement, including the reasonable
fees and expenses of any attorneys used by any of them; and
(2) All expenses, including reasonable attorneys’ fees, relating to any
amendments, waivers, consents or collection or enforcement proceedings pursuant
to the provisions hereof.
The Borrower agrees to pay interest on any Additional Payments enumerated in (1) or (2)
above not received by the Authority within ten (10) days after demand therefor at a rate of five
percent (5.0%) per annum of the overdue installment from its due date until the date it is paid.
ARTICLE VII
PREPAYMENTS
Section 7.1. Prepayment of Local Bond.  Upon completion of the Project and after
giving at least ten (10) days’ written notice to the Authority, the Borrower may prepay the Local
Bond at any time, in whole or in part and without penalty.  Such written notice shall specify the
date on which the Borrower will make such prepayment and whether the Local Bond will be
prepaid in full or in part, and if in part, the principal amount to be prepaid.  Any such partial
prepayment shall be applied against the principal amount outstanding under the Local Bond but
shall not postpone the due date of any subsequent payment on the Local Bond, or change the
amount of such installment, unless the Borrower and the Authority agree otherwise in writing.
(b) The Cost of Funds only on all amounts disbursed under the Local Bond shall be
due and payable on 1,20__. Commencing 1, 20__and continuing
semi-annually thereafter on 1 and Tin each year, principal and Cost of
Funds due under the Local Bond shall be payable in equal installments of §_, with a final
installment of $, due and payable on 1, 20, when, if not sooner paid, all
amounts due hereunder and under the Local Bond shall be due and payable in full. Each
installment shall be applied first to payment of the Cost of Funds accrued and unpaid to the
payment date and then to principal. If principal disbursements up to the maximum authorized
amount of the Local Bond are not made, the principal amount due on the Local Bond shall not
include such undisbursed amount. However, unless the Borrower and the Authority agree
otherwise in writing, until all amounts due hereunder and under the Local Bond shall have been
paid in full, less than full disbursement of the maximum authorized amount of the Local Bond
shall not postpone the due date of any semi-annual installment due on the Local Bond, or change
the amount of such installment. If any installment of principal of or Cost of Funds on the Local
Bond is not paid within ten (10) days after its due date, the Borrower agrees to pay to the
Authority a late payment charge in an amount equal to five percent (5.0%) of the overdue
installment.
Section 6.2, Payment of Additional Payments, In addition to the payments of
principal of and Cost of Funds on the Local Bond, the Borrower agrees to pay on demand of the
‘Authority the following Additional Payments:
(1) The costs of the Fund, the Authority, the Department or the Board
in connection with the enforcement of this Agreement, including the reasonable
fees and expenses of any attorneys used by any of them; and
(2) Allexpenses, including reasonable attorneys’ fees, relating to any
amendments, waivers, consents or collection or enforcement proceedings pursuant
to the provisions hereof.
‘The Borrower agrees to pay interest on any Additional Payments enumerated in (1) or (2)
above not received by the Authority within ten (10) days after demand therefor at a rate of five
percent (5.0%) per annum of the overdue installment from its due date until the date it is paid.
ARTICLE VIL
PREPAYMENTS
Section 7.1. Prepayment of Local Bond. Upon completion of the Project and after
giving at least ten (10) days’ written notice to the Authority, the Borrower may prepay the Local
Bond at any time, in whole or in part and without penalty. Such written notice shall specify the
date on which the Borrower will make such prepayment and whether the Local Bond will be
prepaid in full or in part, and if in part, the principal amount to be prepaid. Any such partial
prepayment shall be applied against the principal amount outstanding under the Local Bond but
shall not postpone the due date of any subsequent payment on the Local Bond, or change the
amount of such installment, unless the Borrower and the Authority agree otherwise in writing.
ARTICLE VIII
OPERATION AND USE OF SYSTEM
Section 8.1. Ownership and Operation of Project and System.  Except as may
otherwise be approved by the Authority or permitted by the terms hereof, the Project and the
System at all times shall be owned by the Borrower and shall not be operated or controlled by
any other entity or person.
Section 8.2. Maintenance.  At its own cost and expense, the Borrower shall operate
the System in a proper, sound and economical manner and in compliance with all legal
requirements, shall maintain the System in good repair and operating condition and from time to
time shall make all necessary repairs, renewals and replacements.
Section 8.3. Additions and Modifications.  At its own expense, the Borrower from
time to time may make any additions, modifications or improvements to the System which it
deems desirable and which do not materially reduce the value of the System or the structural or
operational integrity of any part of the System, provided that all such additions, modifications or
improvements comply with all applicable federal, state and local laws, rules, regulations, orders,
permits, authorizations and requirements.  All such renewals, replacements, additions, modifi-
cations and improvements shall become part of the System.
Section 8.4. Use of System.  The Borrower shall comply with all lawful requirements
of any governmental authority regarding the System, whether now existing or subsequently
enacted, whether foreseen or unforeseen or whether involving any change in governmental
policy or requiring structural, operational and other changes to the System, irrespective of the
cost of making the same.
Section 8.5. Inspection of System and Borrower’s Books and Records.  The
Authority and the Board and their duly authorized representatives and agents shall have such
reasonable rights of access to the System as may be necessary to determine whether the
Borrower is in compliance with the requirements of this Agreement and shall have the right at all
reasonable times and upon reasonable prior notice to the Borrower to examine and copy the
books and records of the Borrower insofar as such books and records relate to the System.
Section 8.6. Ownership of Land.  The Borrower shall not construct, reconstruct or
install any part of the System on lands other than those which the Borrower owns or can acquire
title to or a perpetual easement over, in either case sufficient for the Borrower’s purposes, unless
such part of the System is lawfully located in a public street or highway or is a main, conduit,
pipeline, main connection or facility located on land in which the Borrower has acquired a right
or interest less than a fee simple or perpetual easement and such lesser right or interest has been
approved by written opinion of counsel to the Borrower as sufficient for the Borrower’s
purposes.
ARTICLE VIII
OPERATION AND USE OF SYSTEM
Section 8.1, Ownership and Operation of Project and System. Except as may
otherwise be approved by the Authority or permitted by the terms hereof, the Project and the
System at all times shall be owned by the Borrower and shall not be operated or controlled by
any other entity or person.
Section 8.2. Maintenance. At its own cost and expense, the Borrower shall operate
the System in a proper, sound and economical manner and in compliance with all legal
requirements, shall maintain the System in good repair and operating condition and from time to
time shall make all necessary repairs, renewals and replacements.
Section 8.3. Additions and Modifications. At its own expense, the Borrower from
time to time may make any additions, modifications or improvements to the System which it
deems desirable and which do not materially reduce the value of the System or the structural or
operational integrity of any part of the System, provided that all such additions, modifications or
improvements comply with all applicable federal, state and local laws, rules, regulations, orders,
permits, authorizations and requirements. All such renewals, replacements, additions, modifi-
cations and improvements shall become part of the System.
Section 8.4, Use of System. The Borrower shall comply with all lawful requirements
of any governmental authority regarding the System, whether now existing or subsequently
enacted, whether foreseen or unforeseen or whether involving any change in governmental
policy or requiring structural, operational and other changes to the System, irrespective of the
cost of making the same.
Section Inspection of System and Borrower’s Books and Records, The
Authority and the Board and their duly authorized representatives and agents shall have such
reasonable rights of access to the System as may be necessary to determine whether the
Borrower is in compliance with the requirements of this Agreement and shall have the right at all
reasonable times and upon reasonable prior notice to the Borrower to examine and copy the
books and records of the Borrower insofar as such books and records relate to the System.
Section 8.6. Ownership of Land. The Borrower shall not construct, reconstruct or
install any part of the System on lands other than those which the Borrower owns or can acquire
title to or a perpetual easement over, in either case sufficient for the Borrower’s purposes, unless
such part of the System is lawfully located in a public street or highway or is a main, conduit,
pipeline, main connection or facility located on land in which the Borrower has acquired a right
or interest less than a fee simple or perpetual easement and such lesser right or interest has been
approved by written opinion of counsel to the Borrower as sufficient for the Borrower’s
purposes.
Section 8.7. Sale or Encumbrance.  No part of the System shall be sold, exchanged,
leased, mortgaged, encumbered or otherwise disposed of except as provided in any one of the
following subsections, or as may be otherwise consented and agreed to by the Authority in
writing:
(a) The Borrower may grant easements, licenses or permits across, over or
under parts of the System for streets, roads and utilities as will not adversely affect the use of the
System;
(b) The Borrower may sell or otherwise dispose of property constituting part
of the System if it uses the proceeds of such disposition and any other necessary funds to replace
such property with property serving the same or a similar function; and
© The Borrower may sell or otherwise dispose of property constituting part
of the System; provided, however, (i) no such property shall be sold or otherwise disposed of
unless there is filed with the Authority a certificate of the Borrower, signed by an Authorized
Representative, stating that such property is no longer needed or useful in the operation of the
System, and, if the proceeds of such sale or disposition, together with the aggregate value of any
other property sold or otherwise disposed of during the Fiscal Year, shall exceed $125,000, there
shall also be filed with the Borrower and the Authority a certificate of the Consulting Engineer
stating that such property is not necessary or useful to the operation of the System, and (ii) the
proceeds to be received from any sale or disposition shall be applied first to cure any default that
may exist in the payment of the principal of and Cost of Funds on the Local Bond, and then, if
such property constitutes part of the Project, to the prepayment of the Local Bond under Article
VII hereof.
Section 8.8. Collection of Revenues.  The Borrower shall use its best efforts to collect
all rates, fees and other charges due to it, including, when appropriate, by perfecting liens on
premises served by the System for the amount of all delinquent rates, fees and other charges
where such action is permitted by law.  The Borrower shall, to the full extent permitted by law,
discontinue and shut off, or cause to be discontinued and shut off, services and facilities of the
System, and use its best efforts to cause to be shut off water service furnished otherwise than
through the System, to customers of the System who are delinquent beyond any customary grace
periods in the payment of rates, fees and other charges due to the Borrower.
Section 8.9. No Free Service.  The Borrower shall not permit connections with or the
use of the System, or furnish any services afforded by the System, without making a charge
therefor based on the Borrower’s uniform schedule of rates, fees and charges.
Section 8.10. No Competing Service.  The Borrower shall not provide, grant any
franchise to provide or give consent for anyone else to provide, any services which would
compete with the System.
Section 8.11. Mandatory Connection.  The Borrower shall, consistent with applicable
law, require the owner, tenant or occupant of each lot or parcel of land which is served or may
reasonably be served by the System and upon which lot or parcel a building shall have been
Section 8.7. Sale or Encumbrance. No part of the System shall be sold, exchanged,
leased, mortgaged, encumbered or otherwise disposed of except as provided in any one of the
following subsections, or as may be otherwise consented and agreed to by the Authority in
writing:
(a) The Borrower may grant easements, licenses or permits across, over or
under parts of the System for streets, roads and utilities as will not adversely affect the use of the
System;
(b) The Borrower may sell or otherwise dispose of property constituting part
of the System if it uses the proceeds of such disposition and any other necessary funds to replace
such property with property serving the same or a similar function; and
(©) The Borrower may sell or otherwise dispose of property constituting part
of the System; provided, however, (i) no such property shall be sold or otherwise disposed of
unless there is filed with the Authority a certificate of the Borrower, signed by an Authorized
Representative, stating that such property is no longer needed or useful in the operation of the
System, and, if the proceeds of such sale or disposition, together with the aggregate value of any
other property sold or otherwise disposed of during the Fiscal Year, shall exceed $125,000, there
shall also be filed with the Borrower and the Authority a certificate of the Consulting Engineer
stating that such property is not necessary or useful to the operation of the System, and (ii) the
proceeds to be received from any sale or disposition shall be applied first to cure any default that
may exist in the payment of the principal of and Cost of Funds on the Local Bond, and then, if
such property constitutes part of the Project, to the prepayment of the Local Bond under Article
Vil hereof.
Section 8.8. Collection of Revenues. The Borrower shall use its best efforts to collect
all rates, fees and other charges due to it, including, when appropriate, by perfecting liens on
premises served by the System for the amount of all delinquent rates, fees and other charges
where such action is permitted by law. The Borrower shall, to the full extent permitted by law,
discontinue and shut off, or cause to be discontinued and shut off, services and facilities of the
System, and use its best efforts to cause to be shut off water service furnished otherwise than
through the System, to customers of the System who are delinquent beyond any customary grace
periods in the payment of rates, fees and other charges due to the Borrower.
Section 8.9, No Free Service. The Borrower shall not permit connections with or the
use of the System, or furnish any services afforded by the System, without making a charge
therefor based on the Borrower’s uniform schedule of rates, fees and charges.
Section 8.10. No Competing Service. The Borrower shall not provide, grant any
franchise to provide or give consent for anyone else to provide, any services which would
compete with the System.
Section 8.11. Mandatory Connection, The Borrower shall, consistent with applicable
law, require the owner, tenant or occupant of each lot or parcel of land which is served or may
reasonably be served by the System and upon which lot or parcel a building shall have been
constructed for residential, commercial or industrial use, to connect such building to the System;
provided, however, the Borrower may permit the continued use of private systems, meeting the
standards of the Board, by any such building already in existence at the time the services of the
System become available to it upon such conditions as may be specified by the Borrower.
Section 8.12. Lawful Charges.  The Borrower shall pay when due all taxes, fees,
assessments, levies and other governmental charges of any kind whatsoever (collectively, the
“Governmental Charges”) which are (i) assessed, levied or imposed against the System or the
Borrower’s interest in it, or (ii) incurred in the operation, maintenance, use and occupancy of the
System.  The Borrower shall pay or cause to be discharged, or shall make adequate provision to
pay or discharge, all lawful claims and demands for labor, materials, supplies or other objects
which, if unpaid, might by law become a lien upon all or any part of the System or the Revenues
(collectively, the “Mechanics’ Charges”).  The Borrower, however, after giving the Authority ten
(10) days’ notice of its intention to do so, at its own expense and in its own name, may contest in
good faith any Governmental Charges or Mechanics’ Charges.  If such a contest occurs, the
Borrower may permit the same to remain unpaid during the period of the contest and any
subsequent appeal unless, in the reasonable opinion of the Authority, such action may impair the
lien on Revenues granted by this Agreement, in which event, such Governmental Charges or
Mechanics’ Charges promptly shall be satisfied or secured by posting with the Authority or an
appropriate court a bond in form and amount reasonably satisfactory to the Authority.  Upon
request, the Borrower shall furnish to the Authority proof of payment of all Governmental
Charges and the Mechanics’ Charges required to be paid by the Borrower under this Agreement.
ARTICLE IX
INSURANCE, DAMAGE AND DESTRUCTION
Section 9.1. Insurance.  Unless the Authority otherwise agrees in writing, the
Borrower continuously shall maintain or cause to be maintained insurance against such risks as
are customarily insured against by public bodies operating systems similar in size and character
to the System, including, without limitation:
(a) Insurance in the amount of the full replacement cost of the System’s
insurable portions against loss or damage by fire and lightning, with broad form extended
coverage endorsements covering damage by windstorm, explosion, aircraft, smoke, sprinkler
leakage, vandalism, malicious mischief and such other risks as are normally covered by such
endorsements (limited only as may be provided in the standard form of such endorsements at the
time in use in Virginia); provided that during the construction of the Project, the Borrower may
provide or cause to be provided, in lieu of the insurance in the amount of the full replacement
cost of the Project, builders’ risk or similar types of insurance in the amount of the full
replacement cost thereof.  The determination of replacement cost shall be made by a recognized
appraiser or insurer selected by the Borrower and reasonably acceptable to the Authority.
(b) Comprehensive general liability insurance with a combined single limit of
$2,000,000 per year against liability for bodily injury, including death resulting therefrom, and
for damage to property, including loss of use thereof, arising out of the ownership, maintenance,
operation or use of the System.
constructed for residential, commercial or industrial use, to connect such building to the System;
provided, however, the Borrower may permit the continued use of private systems, meeting the
standards of the Board, by any such building already in existence at the time the services of the
System become available to it upon such conditions as may be specified by the Borrower.
Section 8.12. Lawful Charges. The Borrower shall pay when due alll taxes, fees,
assessments, levies and other governmental charges of any kind whatsoever (collectively, the
“Governmental Charges”) which are (i) assessed, levied or imposed against the System or the
Borrower’s interest in it, or (ii) incurred in the operation, maintenance, use and occupancy of the
System. The Borrower shall pay or cause to be discharged, or shall make adequate provision to
pay or discharge, all lawful claims and demands for labor, materials, supplies or other objects
which, if unpaid, might by law become a lien upon all or any part of the System or the Revenues
(collectively, the “Mechanics” Charges”). The Borrower, however, after giving the Authority ten
(10) days’ notice of its intention to do so, at its own expense and in its own name, may contest in
good faith any Governmental Charges or Mechanics’ Charges. If such a contest occurs, the
Borrower may permit the same to remain unpaid during the period of the contest and any
subsequent appeal unless, in the reasonable opinion of the Authority, such action may impair the
lien on Revenues granted by this Agreement, in which event, such Governmental Charges or
Mechanics’ Charges promptly shall be satisfied or secured by posting with the Authority or an
appropriate court a bond in form and amount reasonably satisfactory to the Authority. Upon
request, the Borrower shall furnish to the Authority proof of payment of all Governmental
Charges and the Mechanics’ Charges required to be paid by the Borrower under this Agreement.
ARTICLE IX
INSURANCE, DAMAGE AND DESTRUCTION
Section 9.1. Insurance. Unless the Authority otherwise agrees in writing, the
Borrower continuously shall maintain or cause to be maintained insurance against such risks as
are customarily insured against by public bodies operating systems similar in size and character
to the System, including, without limitation:
(a) Insurance in the amount of the full replacement cost of the System’s
insurable portions against loss or damage by fire and lightning, with broad form extended
coverage endorsements covering damage by windstorm, explosion, aircraft, smoke, sprinkler
leakage, vandalism, malicious mischief and such other risks as are normally covered by such
endorsements (limited only as may be provided in the standard form of such endorsements at the
time in use in Virginia); provided that during the construction of the Project, the Borrower may
provide or cause to be provided, in lieu of the insurance in the amount of the full replacement
cost of the Project, builders’ risk or similar types of insurance in the amount of the full
replacement cost thereof. The determination of replacement cost shall be made by a recognized
appraiser or insurer selected by the Borrower and reasonably acceptable to the Authority.
(b) Comprehensive general liability insurance with a combined single limit of
$2,000,000 per year against liability for bodily injury, including death resulting therefrom, and
for damage to property, including loss of use thereof, arising out of the ownership, maintenance,
operation or use of the System.
© Unless the Borrower qualifies as a self-insurer under the laws of Virginia,
workers’ compensation insurance.
The Authority shall not have any responsibility or obligation with respect to (i) the
procurement or maintenance of insurance or the amounts or the provisions with respect to
policies of insurance, or (ii) the application of the proceeds of insurance.
The Borrower shall provide no less often than annually and upon the written request of
the Authority a certificate or certificates of the respective insurers evidencing the fact that the
insurance required by this Section is in full force and effect.
Section 9.2. Requirements of Policies.  All insurance required by Section 9.1 shall be
maintained with generally recognized, responsible insurance companies selected by the
Borrower and reasonably acceptable to the Authority.  Such insurance may be written with
deductible amounts comparable to those on similar policies carried by other utility systems of
like size and character to the System and shall contain an undertaking by the insurer that such
policy shall not be modified adversely to the interests of, or canceled without at least thirty (30)
days’ prior notice to, the Authority.  If any such insurance is not maintained with an insurer
licensed to do business in Virginia or placed pursuant to the requirements of the Virginia Surplus
Lines Insurance Law (Chapter 48, Title 38.2, Code of Virginia of 1950, as amended) or any
successor provision of law, the Borrower shall provide evidence reasonably satisfactory to the
Authority that such insurance is enforceable under Virginia law.
Section 9.3. Notice of Damage, Destruction and Condemnation.  In the case of
(i) any damage to or destruction of any material part of the System, (ii) a taking of all or any part
of the System or any right therein under the exercise of the power of eminent domain, (iii) any
loss of the System because of failure of title, or (iv) the commencement of any proceedings or
negotiations which might result in such a taking or loss, the Borrower shall give prompt notice
thereof to the Authority describing generally the nature and extent of such damage, destruction,
taking, loss, proceedings or negotiations.
Section 9.4. Damage and Destruction.  If all or any part of the System is destroyed or
damaged by fire or other casualty, and the Borrower shall not have exercised its option to prepay
in full the Local Bond pursuant to Article VII, the Borrower shall restore promptly the property
damaged or destroyed to substantially the same condition as before such damage or destruction,
with such alterations and additions as the Borrower may determine and which will not impair the
capacity or character of the System for the purpose for which it then is being used or is intended
to be used.  The Borrower may apply so much as may be necessary of the Net Proceeds of
insurance received on account of any such damage or destruction to payment of the cost of such
restoration, either on completion or as the work progresses.  If such Net Proceeds are not
sufficient to pay in full the cost of such restoration, the Borrower shall pay so much of the cost as
may be in excess of such Net Proceeds.  If the Net Proceeds are derived from property
constituting part of the Project, any balance of such Net Proceeds remaining after payment of the
cost of such restoration shall promptly be applied to prepayment of the Local Bond pursuant to
Article VII.
(©) _ Unless the Borrower qualifies as a self-insurer under the laws of Virginia,
workers’ compensation insurance.
The Authority shall not have any responsibility or obligation with respect to (i) the
procurement or maintenance of insurance or the amounts or the provisions with respect to
policies of insurance, or (ii) the application of the proceeds of insurance.
The Borrower shall provide no less often than annually and upon the written request of
the Authority a certificate or certificates of the respective insurers evidencing the fact that the
insurance required by this Section is in full force and effect.
Section 9.2, Requirements of Policies. All insurance required by Section 9.1 shall be
maintained with generally recognized, responsible insurance companies selected by the
Borrower and reasonably acceptable to the Authority. Such insurance may be written with
deductible amounts comparable to those on similar policies carried by other utility systems of
like size and character to the System and shall contain an undertaking by the insurer that such
policy shall not be modified adversely to the interests of, or canceled without at least thirty (30)
days’ prior notice to, the Authority. If any such insurance is not maintained with an insurer
licensed to do business in Virginia or placed pursuant to the requirements of the Virginia Surplus
Lines Insurance Law (Chapter 48, Title 38.2, Code of Virginia of 1950, as amended) or any
successor provision of law, the Borrower shall provide evidence reasonably satisfactory to the
Authority that such insurance is enforceable under Virginia law.
Section 9.3. Notice of Damage, Destruction and Condemnation, In the case of
(i) any damage to or destruction of any material part of the System, (ii) a taking of all or any part
of the System or any right therein under the exercise of the power of eminent domain, (iii) any
loss of the System because of failure of title, or (iv) the commencement of any proceedings or
negotiations which might result in such a taking or loss, the Borrower shall give prompt notice
thereof to the Authority describing generally the nature and extent of such damage, destruction,
taking, loss, proceedings or negotiations
Section 9.4. Damage and Destruction, If all or any part of the System is destroyed or
damaged by fire or other casualty, and the Borrower shall not have exercised its option to prepay
in full the Local Bond pursuant to Article VII, the Borrower shall restore promptly the property
damaged or destroyed to substantially the same condition as before such damage or destruction,
with such alterations and additions as the Borrower may determine and which will not impair the
capacity or character of the System for the purpose for which it then is being used or is intended
to be used. The Borrower may apply so much as may be necessary of the Net Proceeds of
insurance received on account of any such damage or destruction to payment of the cost of such
restoration, either on completion or as the work progresses. If such Net Proceeds are not
sufficient to pay in full the cost of such restoration, the Borrower shall pay so much of the cost as
may be in excess of such Net Proceeds. If the Net Proceeds are derived from property
constituting part of the Project, any balance of such Net Proceeds remaining after payment of the
cost of such restoration shall promptly be applied to prepayment of the Local Bond pursuant to
Article VIL.
Section 9.5. Condemnation and Loss of Title.  If title to or the temporary use of all or
any part of the System shall be taken under the exercise of the power of eminent domain or lost
because of failure of title, and the Borrower shall not have exercised its option to prepay in full
the Local Bond pursuant to Article VII, the Borrower shall cause the Net Proceeds from any such
condemnation award or from title insurance to be applied to the restoration of the System to
substantially its condition before the exercise of such power of eminent domain or failure of title.

If such Net Proceeds are not sufficient to pay in full the cost of such restoration, the Borrower
shall pay so much of the cost as may be in excess of such Net Proceeds.  If the Net Proceeds are
derived from property constituting part of the Project, any balance of such Net Proceeds
remaining after payment of the cost of such restoration shall promptly be applied to prepayment
of the Local Bond pursuant to Article VII.
ARTICLE X
SPECIAL COVENANTS
Section 10.1. Maintenance of Existence.  The Borrower shall maintain its existence as
a “local government” (as defined in the Act) of the Commonwealth of Virginia and, without
consent of the Authority and the Board, shall not dissolve or otherwise dispose of all or
substantially all of its assets or consolidate or merge with or into another entity.  Notwithstanding
the foregoing, the Borrower may consolidate or merge with or into, or sell or otherwise transfer
all or substantially all of its assets to a political subdivision of the Commonwealth of Virginia,
and the Borrower thereafter may dissolve, if the surviving, resulting or transferee political
subdivision, if other than the Borrower, assumes, in written form acceptable to the Authority and
the Board, all of the obligations of the Borrower contained in the Local Bond and this
Agreement, and there is furnished to the Authority and the Board an Opinion of Counsel
acceptable to the Authority and the Board subject to customary exceptions and qualifications, to
the effect that such assumption constitutes the legal, valid and binding obligation of the
surviving, resulting or transferee political subdivision enforceable against it in accordance with
its terms.
Section 10.2. Financial Records and Statements.  The Borrower shall maintain proper
books of record and account in which proper entries shall be made in accordance with generally
accepted government accounting standards, consistently applied, of all its business and affairs
related to the System.  The Borrower shall have an annual audit of the financial condition of the
Borrower (and at the reasonable request of the Authority, of the System) made by an independent
certified public accountant, within one hundred and eighty (180) days after the end of each Fiscal
Year.  The annual audit shall include a supplemental schedule demonstrating whether the Borrower
during such Fiscal Year satisfied the rate covenant made by the Borrower in Section 5.1(a).  The
Borrower shall furnish to the Authority copies of such report immediately after it is accepted by
the Borrower.  Such report shall include statements in reasonable detail, certified by such
accountant, reflecting the Borrower’s financial position as of the end of such Fiscal Year and the
results of the Borrower’s operations and changes in the financial position of its funds for the
Fiscal Year.
Section 9.5. Condemnation and Loss of Title. If title to or the temporary use of all or
any part of the System shalll be taken under the exercise of the power of eminent domain or lost
because of failure of title, and the Borrower shall not have exercised its option to prepay in full
the Local Bond pursuant to Article VII, the Borrower shall cause the Net Proceeds from any such
condemnation award or from title insurance to be applied to the restoration of the System to
substantially its condition before the exercise of such power of eminent domain or failure of title.
If such Net Proceeds are not sufficient to pay in full the cost of such restoration, the Borrower
shall pay so much of the cost as may be in excess of such Net Proceeds. If the Net Proceeds are
derived from property constituting part of the Project, any balance of such Net Proceeds
remaining after payment of the cost of such restoration shall promptly be applied to prepayment
of the Local Bond pursuant to Article VIL
ARTICLE X.
SPECIAL COVENANTS
Section 10.1. Maintenance of Existence, The Borrower shall maintain its existence as
a “local government” (as defined in the Act) of the Commonwealth of Virginia and, without
consent of the Authority and the Board, shall not dissolve or otherwise dispose of all or
substantially all of its assets or consolidate or merge with or into another entity. Notwithstanding
the foregoing, the Borrower may consolidate or merge with or into, or sell or otherwise transfer
all or substantially all of its assets to a political subdivision of the Commonwealth of Virginia,
and the Borrower thereafter may dissolve, if the surviving, resulting or transferee political
subdivision, if other than the Borrower, assumes, in written form acceptable to the Authority and
the Board, all of the obligations of the Borrower contained in the Local Bond and this
‘Agreement, and there is furnished to the Authority and the Board an Opinion of Counsel
acceptable to the Authority and the Board subject to customary exceptions and qualifications, to
the effect that such assumption constitutes the legal, valid and binding obligation of the
surviving, resulting or transferee political subdivision enforceable against it in accordance with
its terms.
Section 10.2. Financial Records and Statements. The Borrower shall maintain proper
books of record and account in which proper entries shall be made in accordance with generally
accepted government accounting standards, consistently applied, of all its business and affairs
related to the System. The Borrower shall have an annual audit of the financial condition of the
Borrower (and at the reasonable request of the Authority, of the System) made by an independent
certified public accountant, within one hundred and eighty (180) days after the end of each Fiscal
Year. The annual audit shall include a supplemental schedule demonstrating whether the Borrower
during such Fiscal Year satisfied the rate covenant made by the Borrower in Section 5.1(a). The
Borrower shall furnish to the Authority copies of such report immediately after it is accepted by
the Borrower. Such report shall include statements in reasonable detail, certified by such
accountant, reflecting the Borrower’s financial position as of the end of such Fiscal Year and the
results of the Borrower’s operations and changes in the financial position of its funds for the
Fiscal Year.
Section 10.3. Certificate as to No Default.  The Borrower shall deliver to the
Authority, within one hundred and eighty (180) days after the close of each Fiscal Year, a
certificate signed by an Authorized Representative stating that, during such year and as of the
date of such certificate, no event or condition has happened or existed, or is happening or
existing, which constitutes an Event of Default or a Default, or if such an event or condition has
happened or existed, or is happening or existing, specifying the nature and period of such event
or condition and what action the Borrower has taken, is taking or proposes to take to rectify it.
Section 10.4. Additional Indebtedness.  The Borrower shall not incur any indebtedness
or issue any bonds, notes or other evidences of indebtedness secured by or payable from a pledge
of Revenues, except Subordinate Bonds or Parity Bonds.
Section 10.5. Parity Bonds.  Provided the Borrower is not in default hereunder, the
Borrower may issue bonds, notes or other evidences of indebtedness (“Parity Bonds”) ranking on
parity with the Local Bond with respect to the pledge of Revenues to (i) pay Project Costs to
complete the Project, (ii) pay the cost of improvements, additions, extensions, replacements,
equipment or betterments and of any property, rights or easements deemed by the Borrower to be
necessary, useful or convenient for the System, (iii) refund some or all of the Local Bond, Parity
Bonds, Existing Parity Bonds or Prior Bonds, or (iv) effect some combination of (i), (ii) and (iii);
provided in each case the following conditions are satisfied.  Except to the extent otherwise
consented and agreed to by the Authority in writing, before any Parity Bonds are issued or
delivered, the Borrower shall deliver to the Authority the following:
(a) Certified copies of all resolutions and ordinances of the Borrower
authorizing the issuance of the Parity Bonds.
(b) A certificate of an appropriate official of the Borrower setting forth the
purposes for which the Parity Bonds are to be issued and the manner in which the Borrower will
apply the proceeds from the issuance and sale of the Parity Bonds.
© If the Parity Bonds are authorized for any purpose other than the refunding
of the Local Bond, Parity Bonds, Existing Parity Bonds or Prior Bonds, in form and substance
satisfactory to the Authority, a certificate of the Consulting Engineer , or with respect to subsection
(iv)© below, a certificate, including supporting documentation, of the Qualified Independent
Consultant, to the effect that in the opinion of the Consulting Engineer or Qualified Independent
Consultant, as applicable, (i) the improvements or property to which the proceeds from the
issuance of the Parity Bonds are to be applied will be a part of the System, (ii) the funds
available to the Borrower from the issuance of the Parity Bonds and other specified sources will
be sufficient to pay the estimated cost of such improvements or property, (iii) the period of time
which will be required to complete such improvements or acquire such property, and (iv) (A) the
Parity Bond proceeds are necessary to complete the Project, (B) the failure to make such
improvements or acquire or construct such property will result in an interruption or reduction of
Revenues, or © during the first two complete Fiscal Years following completion of the
improvements or the acquisition of the property financed with the proceeds of the Parity Bonds,
the projected Net Revenues Available for Debt Service (excluding any amounts made available
by the County pursuant to the Support Agreement) will equal at least 100% of the amount
Section 10.3. Certificate as to No Default. The Borrower shalll deliver to the
Authority, within one hundred and eighty (180) days after the close of each Fiscal Year, a
certificate signed by an Authorized Representative stating that, during such year and as of the
date of such certificate, no event or condition has happened or existed, or is happening or
existing, which constitutes an Event of Default or a Default, or if such an event or condition has
happened or existed, or is happening or existing, specifying the nature and period of such event
or condition and what action the Borrower has taken, is taking or proposes to take to rectify it.
Section 10.4. Additional Indebtedness. The Borrower shall not incur any indebtedness
or issue any bonds, notes or other evidences of indebtedness secured by or payable from a pledge
of Revenues, except Subordinate Bonds or Parity Bonds.
Section 10.5. Parity Bonds. Provided the Borrower is not in default hereunder, the
Borrower may issue bonds, notes or other evidences of indebtedness (“Parity Bonds”) ranking on
parity with the Local Bond with respect to the pledge of Revenues to (i) pay Project Costs to
complete the Project, (ii) pay the cost of improvements, additions, extensions, replacements,
equipment or betterments and of any property, rights or easements deemed by the Borrower to be
necessary, usefull or convenient for the System, (iii) refund some or all of the Local Bond, Parity
Bonds, Existing Parity Bonds or Prior Bonds, or (iv) effect some combination of (i), (ii) and (iii):
provided in each case the following conditions are satisfied. Except to the extent otherwise
consented and agreed to by the Authority in writing, before any Parity Bonds are issued or
delivered, the Borrower shall deliver to the Authority the following:
(a) Certified copies of all resolutions and ordinances of the Borrower
authorizing the issuance of the Parity Bonds.
(b) A certificate of an appropriate official of the Borrower setting forth the
purposes for which the Parity Bonds are to be issued and the manner in which the Borrower will
apply the proceeds from the issuance and sale of the Parity Bonds.
(©) __ Ifthe Parity Bonds are authorized for any purpose other than the refunding
of the Local Bond, Parity Bonds, Existing Parity Bonds or Prior Bonds, in form and substance
satisfactory to the Authority, a certificate of the Consulting Engineer-, or with respect to subsection
(iv(© below, a certificate, including supporting documentation, of the Qualified Independent
Consultant, to the effect that in the opinion of the Consulting Engineer or Qualified Independent
Consultant, as applicable, (i) the improvements or property to which the proceeds from the
issuance of the Parity Bonds are to be applied will be a part of the System, (ii) the funds
ayailable to the Borrower from the issuance of the Parity Bonds and other specified sources will
be sufficient to pay the estimated cost of such improvements or property, (iii) the period of time
which will be required to complete such improvements or acquire such property, and (iv) (A) the
Parity Bond proceeds are necessary to complete the Project, (B) the failure to make such
improvements or acquire or construct such property will result in an interruption or reduction of
Revenues, or © during the first two complete Fiscal Years following completion of the
improvements or the acquisition of the property financed with the proceeds of the Parity Bonds,
the projected Net Revenues Available for Debt Service (excluding any amounts made available
by the County pursuant to the Support Agreement) will equal at least 100% of the amount
required during each such Fiscal Year to pay any and all amounts due under the Local Bond, this
Agreement, the Parity Bonds, any Existing Parity Bonds or Prior Bonds, and all other
indebtedness of the Borrower secured by or payable from Revenues, including without
limitation, indebtedness under leases which are treated as capital leases under generally accepted
accounting principles.  In providing this certificate, as applicable, the Qualified Independent
Consultant may take into consideration future System rate increases, provided that such rate
increases have been duly approved by the governing body of the Borrower and any other person and
entity required to give approval for the rate increase to become effective.  In addition, the Qualified
Independent Consultant may take into consideration additional future revenues of the System to be
derived under then existing contractual agreements entered into by the Borrower and from
reasonable estimates of growth in the customer base of the Borrower.
(d) If the Parity Bonds are authorized solely to refund the Local Bond (with the
consent of the Authority), Existing Parity Bonds, Parity Bonds or Prior Bonds, either (i) a
certificate, including supporting documentation, of a Qualified Independent Consultant satisfactory
to the Authority that the refunding Parity Bonds will have annual debt service requirements in each
of the years the Local Bond, Existing Parity Bonds, Parity Bonds or Prior Bonds to be refunded
would have been outstanding which are lower than the annual debt service requirements in each
such year on the Local Bond, Existing Parity Bonds, Parity Bonds or the Prior Bonds to be
refunded, or (ii) a certificate, including supporting documentation, of the Qualified Independent
Consultant to the effect that during the first two complete Fiscal Years following the issuance of
the refunding Parity Bonds, the projected Net Revenues Available for Debt Service (excluding
any amounts made available by the County pursuant to the Support Agreement) will equal at
least 100% of the amount required during each such Fiscal Year to pay any and all amounts due
under the Local Bond, this Agreement, the Parity Bonds, any Existing Parity Bonds or Prior
Bonds, and all other indebtedness of the Borrower secured by or payable from Revenues,
including without limitation, indebtedness under leases which are treated as capital leases under
generally accepted accounting principles.  In providing the certificate described in clause (ii), the
Qualified Independent Consultant may take into account the factors described in the last two
sentences of subsection © of this Section.
(e) An Opinion of Counsel satisfactory to the Authority subject to customary
exceptions and qualifications, approving the form of the resolution authorizing the issuance of
the Parity Bonds and stating that its terms and provisions conform with the requirements of this
Agreement and that the certificates and documents delivered to the Authority constitute
compliance with the provisions of this Section.
Section 10.6. Further Assurances.  The Borrower shall to the fullest extent permitted
by law pass, make, do, execute, acknowledge and deliver such further resolutions, acts, deeds,
conveyances, assignments, transfers and assurances as may be necessary or desirable for the
better assuring, conveying, granting, assigning and confirming the rights, Revenues and other
funds pledged or assigned by this Agreement, or as may be required to carry out the purposes of
this Agreement.  The Borrower shall at all times, to the fullest extent permitted by law, defend,
preserve and protect the pledge of the Revenues and other funds pledged under this Agreement
and all rights of the Authority and the Board under this Agreement against all claims and
demands of all persons.
required during each such Fiscal Year to pay any and all amounts due under the Local Bond, this
Agreement, the Parity Bonds, any Existing Parity Bonds or Prior Bonds, and all other
indebtedness of the Borrower secured by or payable from Revenues, including without
limitation, indebtedness under leases which are treated as capital leases under generally accepted
accounting principles. In providing this certificate, as applicable, the Qualified Independent
Consultant may take into consideration future System rate increases, provided that such rate
increases have been duly approved by the governing body of the Borrower and any other person and
entity required to give approval for the rate increase to become effective. In addition, the Qualified
Independent Consultant may take into consideration additional future revenues of the System to be
derived under then existing contractual agreements entered into by the Borrower and from
reasonable estimates of growth in the customer base of the Borrower.
(4) Ifthe Parity Bonds are authorized solely to refund the Local Bond (with the
consent of the Authority), Existing Parity Bonds, Parity Bonds or Prior Bonds, either (i) a
certificate, including supporting documentation, of a Qualified Independent Consultant satisfactory
to the Authority that the refunding Parity Bonds will have annual debt service requirements in each
of the years the Local Bond, Existing Parity Bonds, Parity Bonds or Prior Bonds to be refunded
would have been outstanding which are lower than the annual debt service requirements in each
such year on the Local Bond, Existing Parity Bonds, Parity Bonds or the Prior Bonds to be
refunded, or (ii) a certificate, including supporting documentation, of the Qualified Independent
Consultant to the effect that during the first two complete Fiscal Years following the issuance of
the refunding Parity Bonds, the projected Net Revenues Available for Debt Service (excluding
any amounts made available by the County pursuant to the Support Agreement) will equal at
least 100% of the amount required during each such Fiscal Year to pay any and all amounts due
under the Local Bond, this Agreement, the Parity Bonds, any Existing Parity Bonds or Prior
Bonds, and all other indebtedness of the Borrower secured by or payable from Revenues,
including without limitation, indebtedness under leases which are treated as capital leases under
generally accepted accounting principles. In providing the certificate described in clause (ii), the
Qualified Independent Consultant may take into account the factors described in the last two
sentences of subsection © of this Section.
(€) An Opinion of Counsel satisfactory to the Authority subject to customary
exceptions and qualifications, approving the form of the resolution authorizing the issuance of
the Parity Bonds and stating that its terms and provisions conform with the requirements of this
Agreement and that the certificates and documents delivered to the Authority constitute
compliance with the provisions of this Section.
Section 10.6. Further Assurances. The Borrower shall to the fullest extent permitted
by law pass, make, do, execute, acknowledge and deliver such further resolutions, acts, deeds,
conveyances, assignments, transfers and assurances as may be necessary or desirable for the
better assuring, conveying, granting, assigning and confirming the rights, Revenues and other
funds pledged or assigned by this Agreement, or as may be required to carry out the purposes of
this Agreement. The Borrower shall at all times, to the fullest extent permitted by law, defend,
preserve and protect the pledge of the Revenues and other funds pledged under this Agreement
and all rights of the Authority and the Board under this Agreement against all claims and
demands of all persons.
Section 10.7. Other Indebtedness.  The Borrower agrees to pay when due all amounts
required by any other bonded indebtedness and to perform all of its obligations in connection
therewith.
Section 10.8. Assignment by Borrower.  The Borrower may not assign its rights under
this Agreement without the prior written consent of the Authority and the Board.  If the
Borrower desires to assign its rights under this Agreement to another “local government” (as
defined in the Act), the Borrower shall give notice of such fact to the Authority and the Board.  If
the Authority and the Board consent to the proposed assignment, the Borrower may proceed with
the proposed assignment, but such assignment shall not become effective until the Authority and
the Board are furnished (i) an assumption agreement in form and substance satisfactory to the
Authority and the Board by which the assignee agrees to assume all of the Borrower’s
obligations under the Local Bond and this Agreement, and (ii) an Opinion of Counsel to the
assignee, subject to customary exceptions and qualifications, that the assumption agreement, the
Local Bond and this Agreement constitute legal, valid and binding obligations of the assignee
enforceable against the assignee in accordance with their terms and that the assignment and
assumption comply in all respects with the provisions of this Agreement.  Notwithstanding the
foregoing, the assignment of the rights of the Borrower under the Local Bond and this
Agreement or the assumption of the obligations thereunder by the assignee shall in no way be
construed as releasing the Borrower’s obligations.
Section 10.9. Davis-Bacon Act.  The Borrower agrees to comply with the Davis-Bacon
Act and related acts, as amended, with respect to the Project and require that all laborers and
mechanics employed by contractors and subcontractors for the Project shall be paid wages at
rates not less than those prevailing on projects of a similar character, as determined by the United
States Secretary of Labor in accordance with Section 1450(e) of the Safe Drinking Water Act
and related acts, as amended.
Section 10.10. American Iron and Steel.  The Borrower agrees to comply with all
federal requirements, including those imposed by the Consolidated Appropriations Act, 2014,
P.L. 113-76, and related Drinking Water State Revolving Fund Policy Guidelines, as amended
and supplemented and in effect from time to time, with respect to the Project.  Such requirements
include, among other things, that all iron and steel products used for the Project are to be
produced in the United States.  The term “iron and steel products” is defined to mean the
following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole
covers and  other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete and construction materials.
Section 10.11. Recordkeeping and Reporting.  The Borrower agrees to comply with all
recordkeeping and reporting requirements under the Safe Drinking Water Act and related acts, as
amended, including any reports required by a federal agency or the Authority, such as
performance indicators of program deliverables, information on costs and progress with respect
to the Project.  The Borrower acknowledges that each contract and subcontract related to the
Project is subject to audit by appropriate federal and state entities.
Section 10.7. Other Indebtedness. The Borrower agrees to pay when due all amounts
required by any other bonded indebtedness and to perform all of its obligations in connection
therewith.
Section 10.8. Assignment by Borrower. The Borrower may not assign its rights under
this Agreement without the prior written consent of the Authority and the Board. If the
Borrower desires to assign its rights under this Agreement to another “local government” (as
defined in the Act), the Borrower shall give notice of such fact to the Authority and the Board. If
the Authority and the Board consent to the proposed assignment, the Borrower may proceed with
the proposed assignment, but such assignment shall not become effective until the Authority and
the Board are furnished (i) an assumption agreement in form and substance satisfactory to the
Authority and the Board by which the assignee agrees to assume all of the Borrower’s
obligations under the Local Bond and this Agreement, and (ii) an Opinion of Counsel to the
assignee, subject to customary exceptions and qualifications, that the assumption agreement, the
Local Bond and this Agreement constitute legal, valid and binding obligations of the assignee
enforceable against the assignee in accordance with their terms and that the assignment and
assumption comply in all respects with the provisions of this Agreement. Notwithstanding the
foregoing, the assignment of the rights of the Borrower under the Local Bond and this
Agreement or the assumption of the obligations thereunder by the assignee shall in no way be
construed as releasing the Borrower’s obligations.
Section 10.9. Davis-Bacon Act. The Borrower agrees to comply with the Davis-Bacon
Act and related acts, as amended, with respect to the Project and require that all laborers and
mechanics employed by contractors and subcontractors for the Project shall be paid wages at
rates not less than those prevailing on projects of a similar character, as determined by the United
States Secretary of Labor in accordance with Section 1450(e) of the Safe Drinking Water Act
and related acts, as amended.
Section 10.10. American Iron and Steel, The Borrower agrees to comply with all
federal requirements, including those imposed by the Consolidated Appropriations Act, 2014,
P.L. 113-76, and related Drinking Water State Revolving Fund Policy Guidelines, as amended
and supplemented and in effect from time to time, with respect to the Project. Such requirements
include, among other things, that all iron and steel products used for the Project are to be
produced in the United States. The term “iron and steel products” is defined to mean the
following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole
covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete and construction materials.
Section 10.11. Recordkeeping and Reporting. The Borrower agrees to comply with all
recordkeeping and reporting requirements under the Safe Drinking Water Act and related acts, as
amended, including any reports required by a federal agency or the Authority, such as
performance indicators of program deliverables, information on costs and progress with respect
to the Project. The Borrower acknowledges that each contract and subcontract related to the
Project is subject to audit by appropriate federal and state entities.
Section 10.12. Service Contracts.  The Borrower shall give prompt notice to the
Authority of any renewal, extension, amendment, default or termination of any of the Service
Contracts.  The Borrower shall enforce the terms of such agreements and use its best efforts to
ensure that such agreements remain in full force and effect during the term of this Agreement.
Section 10.13.   Waterworks Business Operations Plan and Rate Study.  The
Borrower shall provide evidence satisfactory to the Authority and the Department that the
Borrower on or before March 31, 2020 has presented a final rate study to the Board of Directors of
the Borrower and the County Administrator, which rate study shall project and recommend rates for
a five-year period commencing with the Fiscal Year ending June 30, 2021 (the “Rate Study”) that
satisfy the Rate Covenant.  The Rate Study shall take into account any proposed debt and future
projects of the Borrower.  The Borrower shall also promptly provide a copy of the Rate Study to the
Authority and the Department.  Furthermore, the Borrower shall submit a Waterworks Business
Operations Plan to the Department as required by Section 32.1-172 of the Code of Virginia of 1950,
as amended, on or before March 31, 2020 for review.
ARTICLE XI
DEFAULTS AND REMEDIES
Section 11.1. Events of Default.  Each of the following events shall be an “Event of
Default”:
(a) The failure to pay when due any payment of principal or Cost of Funds
due hereunder or to make any other payment required to be made under the Local Bond or this
Agreement;
(b) The Borrower’s failure to perform or observe any of the other covenants,
agreements or conditions of the Local Bond, the Support Agreement or this Agreement and the
continuation of such failure for a period of thirty (30) days after the Authority gives the
Borrower written notice specifying such failure and requesting that it be cured, unless the
Authority shall agree in writing to an extension of such time prior to its expiration; provided,
however, if the failure stated in the notice is correctable but cannot be corrected within the
applicable period, the Authority will not unreasonably withhold its consent to an extension of
such time if corrective action is instituted by the Borrower within the applicable period and
diligently pursued until the Default is corrected;
© Any warranty, representation or other statement by or on behalf of
Borrower contained in this Agreement or in any instrument furnished in compliance with or in
reference to this Agreement or in connection with the issuance and sale of the Local Bond is
false or misleading in any material respect;
(d) The early termination of the Funding Agreement pursuant to Sections
5.3(b) and © thereof.
Section 10.12. Service Contracts. The Borrower shall give prompt notice to the
Authority of any renewal, extension, amendment, default or termination of any of the Service
Contracts. The Borrower shall enforce the terms of such agreements and use its best efforts to
ensure that such agreements remain in full force and effect during the term of this Agreement.
Section 10.13. Waterworks Business Operations Plan and Rate Study, The
Borrower shall provide evidence satisfactory to the Authority and the Department that the
Borrower on or before March 31, 2020 has presented a final rate study to the Board of Directors of
the Borrower and the County Administrator, which rate study shall project and recommend rates for
a five-year period commencing with the Fiscal Year ending June 30, 2021 (the “Rate Study”) that
satisfy the Rate Covenant. The Rate Study shall take into account any proposed debt and future
projects of the Borrower. ‘The Borrower shall also promptly provide a copy of the Rate Study to the
Authority and the Department. Furthermore, the Borrower shall submit a Waterworks Business
Operations Plan to the Department as required by Section 32.1-172 of the Code of Virginia of 1950,
as amended, on or before March 31, 2020 for review.
ARTICLE XI
DEFAULTS AND RI!
|EDIES
Section 11.1. Events of Default. Each of the following events shall be an “Event of
Default”:
(a) The failure to pay when due any payment of principal or Cost of Funds
due hereunder or to make any other payment required to be made under the Local Bond or this
Agreement;
(b) The Borrower’s failure to perform or observe any of the other covenants,
agreements or conditions of the Local Bond, the Support Agreement or this Agreement and the
continuation of such failure for a period of thirty (30) days after the Authority gives the
Borrower written notice specifying such failure and requesting that it be cured, unless the
Authority shall agree in writing to an extension of such time prior to its expiration; provided,
however, if the failure stated in the notice is correctable but cannot be corrected within the
applicable period, the Authority will not unreasonably withhold its consent to an extension of
such time if corrective action is instituted by the Borrower within the applicable period and
diligently pursued until the Default is corrected;
(©) _ Any warranty, representation or other statement by or on behalf of
Borrower contained in this Agreement or in any instrument furnished in compliance with or in
reference to this Agreement or in connection with the issuance and sale of the Local Bond is
false or misleading in any material respect;
(4) _ The early termination of the Funding Agreement pursuant to Sections
5.3(b) and © thereof.
(e) The occurrence of a default by the Borrower under the terms of any
Subordinate Bonds, Parity Bonds, Existing Parity Bonds or Prior Bonds and the failure to cure
such default or obtain a waiver thereof within any period of time permitted thereunder;
(f) An order or decree shall be entered, with the Borrower’s consent or
acquiescence, appointing a receiver or receivers of the System or any part thereof or of the
Revenues thereof, or if such order or decree, having been entered without the Borrower’s consent
or acquiescence, shall not be vacated, discharged or stayed on appeal within sixty (60) days after
the entry thereof;
(g) Any proceeding shall be instituted, with the Borrower’s consent or
acquiescence, for the purpose of effecting a composition between the Borrower and its creditors
or for the purpose of adjusting the claims of such creditors, pursuant to any federal or state
statute now or hereafter enacted, if the claims of such creditors are under any circumstances
secured by or payable from Revenues; or
(h) Any bankruptcy, insolvency or other similar proceeding shall be instituted
by or against the Borrower under any federal or state bankruptcy or insolvency law now or
hereinafter in effect and, if instituted against the Borrower, is not dismissed within sixty (60)
days after filing.
Section 11.2. Notice of Default.  The Borrower agrees to give the Authority prompt
written notice if any order, decree or proceeding referred to in Section 11.1(f), (g) or (h) is
entered or instituted against the Borrower or of the occurrence of any other event or condition
which constitutes a Default or an Event of Default immediately upon becoming aware of the
existence thereof.
Section 11.3. Remedies on Default.  Whenever any Event of Default referred to in
Section 11.1 shall have happened and be continuing, the Authority shall, in addition to any other
remedies provided herein or by law, including rights specified in Section 62.1-237 of the Act,
have the right, at its option without any further demand or notice, to take one or both of the
following remedial steps:
(a) Declare immediately due and payable all payments due or to become due
on the Local Bond and under this Agreement, and upon notice to the Borrower, the same shall
become immediately due and payable by the Borrower without further notice or demand; and
(b) Take whatever other action at law or in equity may appear necessary or
desirable to collect the payments then due and thereafter to become due on the Local Bond and
under this Agreement, to enforce any other of the Fund’s, the Authority’s or the Board’s rights
under this Agreement, or to enforce performance by the Borrower of its covenants, agreements
or undertakings contained herein or in the Local Bond, which the Borrower hereby agrees are
assigned to the Authority upon the occurrence of an Event of Default.
Section 11.4. Delay and Waiver.  No delay or omission to exercise any right or power
accruing upon any Default or Event of Default shall impair any such right or power or shall be
© _ The occurrence of a default by the Borrower under the terms of any
Subordinate Bonds, Parity Bonds, Existing Parity Bonds or Prior Bonds and the failure to cure
such default or obtain a waiver thereof within any period of time permitted thereunder;
(1) Anorder or decree shall be entered, with the Borrower’s consent or
acquiescence, appointing a receiver or receivers of the System or any part thereof or of the
Revenues thereof, or if such order or decree, having been entered without the Borrower’s consent
or acquiescence, shall not be vacated, discharged or stayed on appeal within sixty (60) days after
the entry thereof;
(g) Any proceeding shall be instituted, with the Borrower’s consent or
acquiescence, for the purpose of effecting a composition between the Borrower and its creditors
or for the purpose of adjusting the claims of such creditors, pursuant to any federal or state
statute now or hereafter enacted, if the claims of such creditors are under any circumstances
secured by or payable from Revenues; or
(h) Any bankruptey, insolvency or other similar proceeding shall be instituted
by or against the Borrower under any federal or state bankruptcy or insolvency law now or
hereinafter in effect and, if instituted against the Borrower, is not dismissed within sixty (60)
days after filing.
Section 11.2. Notice of Default. The Borrower agrees to give the Authority prompt
written notice if any order, decree or proceeding referred to in Section 11.1(1), (g) or (h) is
entered or instituted against the Borrower or of the occurrence of any other event or condition
which constitutes a Default or an Event of Default immediately upon becoming aware of the
existence thereof.
Section 11.3. Remedies on Default. Whenever any Event of Default referred to in
Section 11.1 shall have happened and be continuing, the Authority shall, in addition to any other
remedies provided herein or by law, including rights specified in Section 62.1-237 of the Act,
have the right, at its option without any further demand or notice, to take one or both of the
following remedial steps:
(a) Declare immediately due and payable all payments due or to become due
on the Local Bond and under this Agreement, and upon notice to the Borrower, the same shall
become immediately due and payable by the Borrower without further notice or demand; and
(b) Take whatever other action at law or in equity may appear necessary or
desirable to collect the payments then due and thereafter to become due on the Local Bond and
under this Agreement, to enforce any other of the Fund’s, the Authority’s or the Board’s rights
under this Agreement, or to enforce performance by the Borrower of its covenants, agreements
or undertakings contained herein or in the Local Bond, which the Borrower hereby agrees are
assigned to the Authority upon the occurrence of an Event of Default.
Section 11.4, Delay and Waiver. No delay or omission to exercise any right or power
accruing upon any Default or Event of Default shall impair any such right or power or shall be
construed to be a waiver of any such Default or Event of Default or acquiescence therein, and
every such right or power may be exercised from time to time and as often as may be deemed
expedient.  No waiver of any Default or Event of Default under this Agreement shall extend to or
shall affect any subsequent Default or Event of Default or shall impair any rights or remedies
consequent thereto.
Section 11.5. State Aid Intercept.  The Borrower acknowledges that the Authority may
take any and all actions available to it under the laws of the Commonwealth of Virginia,
including Section 62.1-216.1 of the Virginia Code, to secure payment of the principal of and
Cost of Funds on the Local Bond, if payment of such principal or Cost of Funds shall not be paid
when the same shall become due and payable.
ARTICLE XII
MISCELLANEOUS
Section 12.1. Successors and Assigns.  This Agreement shall be binding upon, inure to
the benefit of and be enforceable by the parties and their respective successors and assigns.
Section 12.2. Amendments.  The Authority and the Borrower, with the written consent
of the Department, shall have the right to amend from time to time any of the terms and
conditions of this Agreement, provided that all amendments shall be in writing and shall be
signed by or on behalf of the Authority and the Borrower; provided, however, that the written
consent of the Department shall not be required for the Authority and the Borrower to amend
Articles I, V, IX and XI or Sections 10.4 and 10.5 of this Agreement.
Section 12.3. Limitation of Borrower’s Liability.  Notwithstanding anything in the
Local Bond or this Agreement to the contrary, the Borrower’s obligations are not its general
obligations, but are limited obligations payable solely from the Revenues which are specifically
pledged for such purpose.  Neither the Local Bond nor this Agreement shall be deemed to create
or constitute a debt or a pledge of the faith and credit of the Borrower and the Borrower shall not
be obligated to pay the principal of or Cost of Funds on the Local Bond or other costs incident
thereto except from the Revenues and other funds pledged therefor.  In the absence of fraud, no
present or future director, official, officer, employee or agent of the Borrower shall be liable
personally in respect of this Agreement or the Local Bond or for any other action taken by such
individual pursuant to or in connection with the financing provided for in this Agreement or the
Local Bond.
Section 12.4. Applicable Law.  This Agreement shall be governed by the applicable
laws of Virginia.
Section 12.5. Severability.  If any clause, provision or section of this Agreement shall
be held illegal or invalid by any court, the illegality or invalidity of such clause, provision or
Section shall not affect the remainder of this Agreement which shall be construed and enforced
as if such illegal or invalid clause, provision or section had not been contained in this Agreement.

If any agreement or obligation contained in this Agreement is held to be in violation of law, then
construed to be a waiver of any such Default or Event of Default or acquiescence therein, and
every such right or power may be exercised from time to time and as often as may be deemed
expedient. No waiver of any Default or Event of Default under this Agreement shall extend to or
shall affect any subsequent Default or Event of Default or shall impair any rights or remedies
consequent thereto,
Section 11.5. State Aid Intercept, The Borrower acknowledges that the Authority may
take any and all actions available to it under the laws of the Commonwealth of Virginia,
including Section 62.1-216.1 of the Virginia Code, to secure payment of the principal of and
Cost of Funds on the Local Bond, if payment of such principal or Cost of Funds shall not be paid
when the same shall become due and payable.
ARTICLE XII
Section 12.1. Successors and Assigns. This Agreement shall be binding upon, inure to
the benefit of and be enforceable by the parties and their respective successors and assigns.
Section 12.2. Amendments, The Authority and the Borrower, with the written consent
of the Department, shall have the right to amend from time to time any of the terms and
conditions of this Agreement, provided that all amendments shall be in writing and shall be
signed by or on behalf of the Authority and the Borrower; provided, however, that the written
consent of the Department shall not be required for the Authority and the Borrower to amend
Articles I, V, IX and XI or Sections 10.4 and 10.5 of this Agreement.
Section 12.3. Limitation of Borrower’s Liability. Notwithstanding anything in the
Local Bond or this Agreement to the contrary, the Borrower’s obligations are not its general
obligations, but are limited obligations payable solely from the Revenues which are specifically
pledged for such purpose. Neither the Local Bond nor this Agreement shall be deemed to create
or constitute a debt or a pledge of the faith and credit of the Borrower and the Borrower shall not
be obligated to pay the principal of or Cost of Funds on the Local Bond or other costs incident
thereto except from the Revenues and other funds pledged therefor. In the absence of fraud, no
present or future director, official, officer, employee or agent of the Borrower shall be liable
personally in respect of this Agreement or the Local Bond or for any other action taken by such
individual pursuant to or in connection with the financing provided for in this Agreement or the
Local Bond.
Section 12.4. Applicable Law. This Agreement shall be governed by the applicable
laws of Virginia.
Section 12.5. Severability. If any clause, provision or section of this Agreement shall
be held illegal or invalid by any court, the illegality or invalidity of such clause, provision or
Section shall not affect the remainder of this Agreement which shall be construed and enforced
as if such illegal or invalid clause, provision or section had not been contained in this Agreement.
If any agreement or obligation contained in this Agreement is held to be in violation of law, then
such agreement or obligation shall be deemed to be the agreement or obligation of the Authority
and the Borrower, as the case may be, only to the extent permitted by law.
Section 12.6. Notices.  Unless otherwise provided for herein, all demands, notices,
approvals, consents, requests, opinions and other communications under the Local Bond or this
Agreement shall be in writing and shall be deemed to have been given when delivered in person
or mailed by first class registered or certified mail, postage prepaid, addressed as follows:
Fund:   Virginia Water Supply Revolving Fund
c/o Virginia Resources Authority
1111 East Main Street, Suite 1920
Richmond, VA  23219
Attention:  Executive Director
Authority:  Virginia Resources Authority
1111 East Main Street, Suite 1920
Richmond, VA  23219
Attention:  Executive Director
Board:   Virginia Department of Health
109 Governor Street
Richmond, VA  23219
Attention:  State Health Commissioner
Borrower:  The Russell County Public Service Authority

__________, Virginia  _____
Attention:  Chairman
A duplicate copy of each demand, notice, approval, consent, request, opinion or other
communication given by any party named in this Section shall also be given to each of the other
parties named.  The Authority, the Board and the Borrower may designate, by notice given
hereunder, any further or different addresses to which subsequent demands, notices, approvals,
consents, requests, opinions or other communications shall be sent or persons to whose attention
the same shall be directed.
Section 12.7. Right to Cure Default.  If the Borrower shall fail to make any payment or
to perform any act required by it under the Local Bond or this Agreement, the Authority without
prior notice to or demand upon the Borrower and without waiving or releasing any obligation or
default, may (but shall be under no obligation to) make such payment or perform such act.  All
amounts so paid by the Authority and all costs, fees and expenses so incurred shall be payable by
the Borrower as an additional obligation under this Agreement, together with interest thereon at
the rate of interest of five percent (5.0%) per annum until paid.  The Borrower’s obligation under
this Section shall survive the payment of the Local Bond.
such agreement or obligation shall be deemed to be the agreement or obligation of the Authority
and the Borrower, as the case may be, only to the extent permitted by law.
Section 12.6. Notices. Unless otherwise provided for herein, all demands, notices,
approvals, consents, requests, opinions and other communications under the Local Bond or this
Agreement shall be in writing and shall be deemed to have been given when delivered in person
or mailed by first class registered or certified mail, postage prepaid, addressed as follows:
Fund Virginia Water Supply Revolving Fund
c/o Virginia Resources Authority
1111 East Main Street, Suite 1920
Richmond, VA 23219
Attention: Executive Director
Authority: Virginia Resources Authority
1111 East Main Street, Suite 1920
Richmond, VA 23219
Attention: Executive Director
Board: Virginia Department of Health
109 Governor Street
Richmond, VA 23219
Attention: State Health Commissioner
Borrower: The Russell County Public Service Authority
irginia
Attention: Chairman
A duplicate copy of each demand, notice, approval, consent, request, opinion or other
communication given by any party named in this Section shall also be given to each of the other
parties named. The Authority, the Board and the Borrower may designate, by notice given
hereunder, any further or different addresses to which subsequent demands, notices, approvals,
consents, requests, opinions or other communications shall be sent or persons to whose attention
the same shall be directed.
Section 12.7. Right to Cure Default, If the Borrower shall fail to make any payment or
to perform any act required by it under the Local Bond or this Agreement, the Authority without
prior notice to or demand upon the Borrower and without waiving or releasing any obligation or
default, may (but shall be under no obligation to) make such payment or perform such act. All
amounts so paid by the Authority and all costs, fees and expenses so incurred shall be payable by
the Borrower as an additional obligation under this Agreement, together with interest thereon at
the rate of interest of five percent (5.0%) per annum until paid. The Borrower’s obligation under
this Section shall survive the payment of the Local Bond.
Section 12.8. Headings.  The headings of the several articles and sections of this
Agreement are inserted for convenience only and do not comprise a part of this Agreement.
Section 12.9. Term of Agreement.  This Agreement shall be effective upon its
execution and delivery, provided that the Local Bond previously or simultaneously shall have
been executed and delivered.  Except as otherwise specified, the Borrower’s obligations under
the Local Bond and this Agreement shall expire upon payment in full of the Local Bond and all
other amounts payable by the Borrower under this Agreement.
Section 12.10. Commitment Letter.  The Commitment Letter is an integral part of this
Agreement and shall survive closing hereunder.
Section 12.11. Counterparts.  This Agreement may be executed in any number of
counterparts, each of which shall be an original and all of which together shall constitute but one
and the same instrument.
[Signature Page Follows]
Section 12.8. Headings. The headings of the several articles and sections of this
Agreement are inserted for convenience only and do not comprise a part of this Agreement.
Section 12.9. Term of Agreement. This Agreement shall be effective upon its
execution and delivery, provided that the Local Bond previously or simultaneously shall have
been executed and delivered. Except as otherwise specified, the Borrower’s obligations under
the Local Bond and this Agreement shall expire upon payment in full of the Local Bond and all
other amounts payable by the Borrower under this Agreement.
Section 12.10. Commitment Letter. The Commitment Letter is an integral part of this
Agreement and shall survive closing hereunder.
Section 12.11. Counterparts, This Agreement may be executed in any number of
counterparts, each of which shall be an original and all of which together shall constitute but one
and the same instrument.
[Signature Page Follows]
WITNESS the following signatures, all duly authorized.
VIRGINIA RESOURCES AUTHORITY, as
Administrator of the Virginia Water Supply Revolving
Fund
By: ____________________________________________
Title: ___________________________________________
THE RUSSELL COUNTY PUBLIC SERVICE
AUTHORITY
By: ____________________________________________
Title: ___________________________________________
WITNESS the following signatures, all duly authorized,
VIRGINIA RESOURCES AUTHORITY, as
Administrator of the Virginia Water Supply Revolving
Fund
Title:
THE RUSSELL COUNTY PUBLIC SERVICE
AUTHORITY
By:
Title:
EXHIBIT A
FORM OF LOCAL BOND
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
(Glade Hollow Water Line Replacement/Glade Hill Water Service Extension Project)
WSL-020-18
[To Come from Borrower’s Bond Counsel]
EXHIBIT A
FORM OF LOCAL BOND
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
(Glade Hollow Water Line Replacement/Glade Hill Water Service Extension Project)
WSL-020-18
[To Come from Borrower’s Bond Counsel]
EXHIBIT B
PROJECT DESCRIPTION
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
(Glade Hollow Water Line Replacement/Glade Hill Water Service Extension Project)
WSL-020-18
The Project includes financing the replacement of water lines in the Glade Hollow
community and the extension of water service to the Glade Hill community, together with related
expenses.
EXHIBIT B
PROJECT DESCRIPTION
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
(Glade Hollow Water Line Replacement/Glade Hill Water Service Extension Project)
WSL-020-18
The Project includes financing the replacement of water lines in the Glade Hollow
‘community and the extension of water service to the Glade Hill community, together with related
expenses
EXHIBIT C
PROJECT BUDGET
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
(Glade Hollow Water Line Replacement/Glade Hill Water Service Extension Project)
WSL-020-18
[To Be Provided]
EXHIBIT C
PROJECT BUDGET
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
(Glade Hollow Water Line Replacement/Glade Hill Water Service Extension Project)
WSL-020-18
[To Be Provided]
EXHIBIT D
OPINION OF BORROWER’S BOND COUNSEL
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
(Glade Hollow Water Line Replacement/Glade Hill Water Service Extension Project)
WSL-020-18
[To Come from Borrower’s Bond Counsel]
EXHIBIT D
OPINION OF BORROWER’S BOND COUNSEL
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
(Glade Hollow Water Line Replacement/Glade Hill Water Service Extension Project)
WSL-020-18
[To Come from Borrower’s Bond Counsel]
EXHIBIT E
REQUISITION FOR DISBURSEMENT
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
(Glade Hollow Water Line Replacement/Glade Hill Water Service Extension Project)
WSL-020-18
[LETTERHEAD OF BORROWER]
[Date]
__________, Director
Office of Drinking Water, 6th Floor
Virginia Department of Health
109 Governor Street
Richmond, VA 23219
Re: Virginia Water Supply Revolving Fund
The Russell County Public Service Authority
Loan No. WSL-020-18
Dear Mr./Ms. __________:
This requisition, Number , is submitted in connection with the Financing Agreement and
Funding Agreement, each dated as of __________ 1, 2019 (together, the “Agreements”) between the
Virginia Resources Authority, as Administrator of the Virginia Water Supply Revolving Fund (the
“Fund”), and The Russell County Public Service Authority (the “Borrower”).  Unless otherwise
defined in this requisition, all capitalized terms used herein shall have the meaning set forth in
Article I of the Agreements.  The undersigned Authorized Representative of the Borrower hereby
requests disbursement of loan proceeds under the Agreements in the amount of $________, for
the purposes of payment of the Project Costs as set forth on Schedule 1 attached hereto.
Attached hereto are invoices relating to the items for which payment is requested.
The undersigned certifies that (a) the amounts requested by this requisition will be applied
solely and exclusively to the payment, or the reimbursement of the Borrower for the payment, of
Project Costs, and (b) any materials, supplies or equipment covered by this requisition are not
subject to any lien or security interest or such lien or security interest will be released upon payment
of the requisition.  In addition, the undersigned certifies that the Borrower has conducted adequate
oversight for compliance with the Davis-Bacon Act and related acts through (a) the review of
payrolls and associated certifications, and (b) the posting of all wage determinations and additional
classifications (as appropriate) on the work site, and through this oversight, the Borrower has
determined to the best of its ability that the Project complies with the requirements of the Davis-
Bacon Act and related acts.  The Borrower further certifies that all products included in this request
satisfy the appropriate provisions of the American Iron and Steel requirements included in the
Agreement.
EXHIBIT E
REQUISITION FOR DISBURSEMENT
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
(Glade Hollow Water Line Replacement/Glade Hill Water Service Extension Project)
WSL-020-18
[LETTERHEAD OF BORROWER]
[Date]
. Director
Office of Drinking Water, 6 Floor
Virginia Department of Health
109 Governor Street
Richmond, VA 23219
Re: Virginia Water Supply Revolving Fund
The Russell County Public Service Authority
Loan No. WSL-020-18
Dear Mr/Ms.
This requisition, Number __, is submitted in connection with the Financing Agreement and
Funding Agreement, each dated as of 1, 2019 (together, the “Agreements”) between the
Virginia Resources Authority, as Administrator of the Virginia Water Supply Revolving Fund (the
“Fund”), and The Russell County Public Service Authority (the “Borrower”). Unless otherwise
defined in this requisition, all capitalized terms used herein shall have the meaning set forth in
Article I of the Agreements. The undersigned Authorized Representative of the Borrower hereby
requests disbursement of loan proceeds under the Agreements in the amount of $, , for
the purposes of payment of the Project Costs as set forth on Schedule | attached hereto.
Attached hereto are invoices relating to the items for which payment is requested.
The undersigned certifies that (a) the amounts requested by this requisition will be applied
solely and exclusively to the payment, or the reimbursement of the Borrower for the payment, of
Project Costs, and (b) any materials, supplies or equipment covered by this requisition are not
subject to any lien or security interest or such lien or security interest will be released upon payment
of the requisition. In addition, the undersigned certifies that the Borrower has conducted adequate
oversight for compliance with the Davis-Bacon Act and related acts through (a) the review of
payrolls and associated certifications, and (b) the posting of all wage determinations and additional
classifications (as appropriate) on the work site, and through this oversight, the Borrower has
determined to the best of its ability that the Project complies with the requirements of the Davis-
Bacon Act and related acts. The Borrower further certifies that all products included in this request
satisfy the appropriate provisions of the American Iron and Steel requirements included in the
Agreement.
The undersigned further certifies that (a) no Event of Default or Default has occurred and is
continuing, and no condition exists which, with the passing of time or with the giving of notice or
both, would constitute an Event of Default hereunder, and (b) the representations and warranties of
the Borrower contained in the Agreements are true, correct and complete and the Borrower has
performed all of its obligations thereunder required to be performed as of the date hereof.
This requisition includes an accompanying Certificate of the Consulting Engineer as to the
performance of the work.
Sincerely,

(Authorized Representative of the Borrower)
Attachments
cc: VDH Project Engineer (with all attachments)
‘The undersigned further certifies that (a) no Event of Default or Default has occurred and is
continuing, and no condition exists which, with the passing of time or with the giving of notice or
both, would constitute an Event of Default hereunder, and (b) the representations and warranties of
the Borrower contained in the Agreements are true, correct and complete and the Borrower has
performed all of its obligations thereunder required to be performed as of the date hereof.
This requisition includes an accompanying Certificate of the Consulting Engineer as to the
performance of the work.
Sincerely,
(Authorized Representative of the Borrower)
Attachments:
ce: VDH Project Engineer (with all attachments)
CERTIFICATE OF THE CONSULTING ENGINEER
FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT
Loan No. WSL-020-18
This Certificate is submitted in connection with Requisition Number ____, dated _______,
20, submitted by The Russell County Public Service Authority.  Capitalized terms used herein shall
have the same meanings set forth in Article I of the Agreements referred to in the Requisition.
The undersigned Consulting Engineer for the Borrower hereby certifies that insofar as the
amounts covered by this Requisition include payments for labor or to contractors, builders or
materialmen, such work was actually performed or such materials, supplies or equipment were actually
furnished to or installed in the Project.
         SEAL                        




  ______________________________ 
    [Consulting Engineer] 


  Date: ________________________ 

CERTIFICATE OF THE CONSULTING ENGINEER
FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT
Loan No. WSL-020-18
This Certificate is submitted in connection with Requisition Number , dated
20, submitted by The Russell County Public Service Authority. Capitalized terms used herein shall
have the same meanings set forth in Article I of the Agreements referred to in the Requisition.
The undersigned Consulting Engineer for the Borrower hereby certifies that insofar as the
amounts covered by this Requisition include payments for labor or to contractors, builders or
materialmen, such work was actually performed or such materials, supplies or equipment were actually
furnished to or installed in the Project.
SEAL
[Consulting Engineer]
Date:
SCHEDULE 1
VIRGINIA WATER SUPPLY REVOLVING FUND
FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT
REQUISITION # ________
BORROWER: THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
LOAN NUMBER:  WSL-020-18
CERTIFYING SIGNATURE: ______________________________
TITLE: ______________________________________
Cost Category
Amount
Budgeted
Previous
Disbursements
Expenditures
This
Period
Total
Expenditures
to Date
Net Balance
Remaining
TOTALS:
Total Loan Amount $_________________
Previous Disbursements $_________________
This Request $_________________
Loan Proceeds Remaining $_________________
SCHEDULE 1
VIRGINIA WATER SUPPLY REVOLVING FUND
FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT
REQUISITION #
BORROWER: THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
LOAN NUMBER: WSL-020-18
CERTIFYING SIGNATURE:
TITLE:
TOTALS:
Total Loan Amount $.
Previous Disbursements S.
This Request $
Loan Proceeds Remaining $.
EXHIBIT F
PRIOR BONDS AND EXISTING PARITY BONDS
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
(Glade Hollow Water Line Replacement/Glade Hill Water Service Extension Project)
WSL-020-18
[To Be Completed by Borrower’s Bond Counsel]
Prior Bonds:
None
Existing Parity Bonds:
EXHIBIT F
PRIOR BONDS AND EXISTING PARITY BONDS
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
(Glade Hollow Water Line Replacement/Glade Hill Water Service Extension Project)
WSL-020-18
[To Be Completed by Borrower’s Bond Counsel]
Prior Bonds:
None
E: 2 Parity Bonds:
EXHIBIT G
FORM OF BUDGET
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
(Glade Hollow Water Line Replacement/Glade Hill Water Service Extension Project)
WSL-020-18
(To Be on Borrower’s Letterhead)
[Date]
Executive Director
Virginia Resources Authority
1111 East Main Street, Suite 1920
Richmond, VA  23219
Dear Mr./Ms. __________:
Pursuant to the Financing Agreement[s] between Virginia Resources Authority and The
Russell County Public Service Authority, a copy of the fiscal year [20xx] annual budget is
enclosed.  Such annual budget provides for the satisfaction of the rate covenant as demonstrated
below.
Revenues1 Operation & Maintenance
Expense
Net Revenues Available
for Debt Service
( Revenues – O&M Expense)
Debt Service Coverage
(Net Revenues Available for
Debt Service/Debt Service)

1  Of the amount set forth here as Revenues, $_________ is derived from a transfer from the County of Russell,

Virginia’s general fund pursuant to the Support Agreement.
All capitalized terms used herein shall have the meaning set forth in the Financing
Agreement[s].
Very truly yours,
By: __________________________
Its: _________________________
EXHIBIT G
FORM OF BUDGET
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
(Glade Hollow Water Line Replacement/Glade Hill Water Service Extension Project)
WSL-020-18,
(To Be on Borrower’s Letterhead)
[Date]
Executive Director
Virginia Resources Authority
1111 East Main Street, Suite 1920
Richmond, VA 23219
Dear Mr./Ms.
Pursuant to the Financing Agreement{s] between Virginia Resources Authority and The
Russell County Public Service Authority, a copy of the fiscal year [20xx] annual budget is
enclosed. Such annual budget provides for the satisfaction of the rate covenant as demonstrated
below.
Revenues! ‘Operation & Maintenance | Net Revenues Available | Debt Service | Coverage
Expense for Debt Service (et Revenues Available for
(Revenues - O&M Expense) Debt ServiceiDebt Service)
T Of the amount set forth here as Revenues, S is derived from a transfer from the County of Russell,
Virginia’s general fund pursuant to the Support Agreement.
All capitalized terms used herein shall have the meaning set forth in the Financing
Agreement[s]
Very truly yours,
Its:
EXHIBIT H
SUPPORT AGREEMENT
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
(Glade Hollow Water Line Replacement/Glade Hill Water Service Extension Project)
WSL-020-18
THIS SUPPORT AGREEMENT is made as of the first day of __________, 2019, by
and among the BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA (the
“Board”), acting as the governing body of Russell County, Virginia (the “County”), THE
RUSSELL COUNTY PUBLIC SERVICE AUTHORITY (the “Borrower”), and the
VIRGINIA RESOURCES AUTHORITY (the “Authority”), as Administrator of the
VIRGINIA WATER SUPPLY REVOLVING FUND (the “Fund”) and as purchaser of the
Local Bond, as hereinafter defined, pursuant to a Financing Agreement dated as of the date
hereof (the “Financing Agreement”), between the Authority and the Borrower.
RECITALS:
WHEREAS, the Borrower was created by the Board pursuant to the Virginia Water and
Waste Authorities Act (Chapter 51, Title 15.2, Code of Virginia of 1950, as amended) and owns
and operates the System in the County; and
WHEREAS, the Borrower has determined that it is in its best interest to issue and sell a
water and sewer system revenue bond in an original aggregate principal amount not to exceed
$_____ (the “Local Bond”) to the Authority, as Administrator of the Fund, pursuant to the terms
of the Financing Agreement in order to finance the Project; and
WHEREAS, the Board adopted on __________, 2019, a resolution authorizing, among
other things, the execution of an agreement providing for a non-binding obligation of the Board
to consider certain appropriations in support of the Local Bond and the Project.
AGREEMENT
NOW, THEREFORE, for and in consideration of the foregoing and of the mutual
covenants herein set forth, the parties hereto agree as follows:


Unless otherwise defined, each capitalized term used in this Support Agreement
shall have the meaning given it in the Financing Agreement.


The Borrower shall use its best efforts to issue the Local Bond, to use the
proceeds thereof to pay the costs of the Project, and to construct and place the Project in
operation at the earliest practical date.


No later than May 15 of each year, beginning May 15, 20__, the Borrower shall
notify the Board of the amount (the “Annual Deficiency Amount”) by which the Borrower
reasonably expects the Revenues to be insufficient to pay (i) the debt service obligations under
the Financing Agreement, the Local Bond and any other indebtedness secured by or payable


EXHIBIT H
SUPPORT AGREEMENT
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
(Glade Hollow Water Line Replacement/Glade Hill Water Service Extension Project)
WSL-020-18
THIS SUPPORT AGREEMENT is made as of the first day of 2019, by
and among the BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA (the
“Board”), acting as the governing body of Russell County, Virginia (the “County”), THE
RUSSELL COUNTY PUBLIC SERVICE AUTHORITY (the “Borrower”, and the
VIRGINIA RESOURCES AUTHORITY (the “Authority”), as Administrator of the
VIRGINIA WATER SUPPLY REVOLVING FUND (the “Fund”) and as purchaser of the
Local Bond, as hereinafter defined, pursuant to a Financing Agreement dated as of the date
hereof (the “Financing Agreement”), between the Authority and the Borrower.
RECITALS:
WHEREAS, the Borrower was created by the Board pursuant to the Virginia Water and
Waste Authorities Act (Chapter 51, Title 15.2, Code of Virginia of 1950, as amended) and owns
and operates the System in the County; and
WHEREAS, the Borrower has determined that it is in its best interest to issue and sell a
water and sewer system revenue bond in an original aggregate principal amount not to exceed
$____ (the “Local Bond”) to the Authority, as Administrator of the Fund, pursuant to the terms
of the Financing Agreement in order to finance the Project; and
WHEREAS, the Board adopted on . 2019, a resolution authorizing, among
other things, the execution of an agreement providing for a non-binding obligation of the Board
to consider certain appropriations in support of the Local Bond and the Project.
AGREEMENT
NOW, THEREFORE, for and in consideration of the foregoing and of the mutual
covenants herein set forth, the parties hereto agree as follows:


Unless otherwise defined, each capitalized term used in this Support Agreement
shall have the meaning given it in the Financing Agreement.


The Borrower shall use its best efforts to issue the Local Bond, to use the
proceeds thereof to pay the costs of the Project, and to construct and place the Project in
operation at the earliest practical date.


No later than May 15 of each year, beginning May 15, 20__, the Borrower shall
notify the Board of the amount (the “Annual Deficiency Amount”) by which the Borrower
reasonably expects the Revenues to be insufficient to pay (i) the debt service obligations under
the Financing Agreement, the Local Bond and any other indebtedness secured by or payable


from the Revenues, including the Existing Parity Bonds set forth on Exhibit F to the Financing
Agreement, (ii) the Operation and Maintenance Expense, and (iii) the Additional Payments in
full as and when due during the County’s fiscal year beginning the following July 1.

The County Administrator of the County (the “County Administrator”) shall

include the Annual Deficiency Amount in his budget submitted to the Board for the following
fiscal year as an amount to be appropriated to or on behalf of the Borrower.  The County
Administrator shall deliver to the Authority within ten days after the adoption of the County’s
budget for each fiscal year, but not later than July 15 of each year, a certificate stating whether
the Board has appropriated to or on behalf of the Borrower an amount equal to the Annual
Deficiency Amount.


If at any time Revenues shall be insufficient to make any of the payments referred
to in paragraph 3 hereof, the Borrower shall notify the County Administrator of the amount of
such insufficiency and the County Administrator shall request a supplemental appropriation from
the Board in the amount necessary to make such payment.


The County Administrator shall present each request for appropriation pursuant to
paragraph 5 above to the Board, and the Board shall consider such request, at the Board’s next
regularly scheduled meeting at which it is possible to satisfy any applicable notification
requirement.  Promptly after such meeting, the County Administrator shall notify the Authority
as to whether the amount so requested was appropriated.  If the Board shall fail to make any such
appropriation, the County Administrator shall add the amount of such requested appropriation to
the Annual Deficiency Amount reported to the County by the County Administrator for the
County’s next fiscal year.


The Board hereby undertakes a non-binding obligation to appropriate such
amounts as may be requested from time to time pursuant to paragraphs 4 and 5 above, to the
fullest degree and in such manner as is consistent with the Constitution and laws of the
Commonwealth of Virginia.  The Board, while recognizing that it is not empowered to make any
binding commitment to make such appropriations in future fiscal years, hereby states its intent to
make such appropriations in future fiscal years, and hereby recommends that future Boards of
Supervisors do likewise.


from the Revenues, including the Existing Parity Bonds set forth on Exhibit F to the Financing
Agreement, (ii) the Operation and Maintenance Expense, and (iii) the Additional Payments in
full as and when due during the County’s fiscal year beginning the following July 1


The County Administrator of the County (the “County Administrator”) shall
include the Annual Deficiency Amount in his budget submitted to the Board for the following
fiscal year as an amount to be appropriated to or on behalf of the Borrower. The County
Administrator shall deliver to the Authority within ten days after the adoption of the County’s
budget for each fiscal year, but not later than July 15 of each year, a certificate stating whether
the Board has appropriated to or on behalf of the Borrower an amount equal to the Annual
Deficiency Amount.


Ifatany time Revenues shall be insufficient to make any of the payments referred
to in paragraph 3 hereof, the Borrower shall notify the County Administrator of the amount of
such insufficiency and the County Administrator shall request a supplemental appropriation from
the Board in the amount necessary to make such payment.


The County Administrator shall present each request for appropriation pursuant to
paragraph 5 above to the Board, and the Board shall consider such request, at the Board’s next
regularly scheduled meeting at which it is possible to satisfy any applicable notification
requirement. Promptly after such meeting, the County Administrator shall notify the Authority
as to whether the amount so requested was appropriated. If the Board shall fail to make any such
appropriation, the County Administrator shall add the amount of such requested appropriation to
the Annual Deficiency Amount reported to the County by the County Administrator for the
County’s next fiscal year.


The Board hereby undertakes a non-binding obligation to appropriate such
amounts as may be requested from time to time pursuant to paragraphs 4 and 5 above, to the
fullest degree and in such manner as is consistent with the Constitution and laws of the
Commonwealth of Virginia. The Board, while recognizing that it is not empowered to make any
binding commitment to make such appropriations in future fiscal years, hereby states its intent to
make such appropriations in future fiscal years, and hereby recommends that future Boards of
Supervisors do likewise.


The Board acknowledges that (i) the Authority would not purchase the Local
Bond without the security and credit enhancement provided by this Agreement, and (ii) the
Authority is treating this Agreement as a “local obligation” within the meaning of Section 62.1-
199 of the Code of Virginia of 1950, as amended (the “Virginia Code”), which in the event of a
nonpayment hereunder authorizes the Authority to file an affidavit with the Governor that such
nonpayment has occurred pursuant to Section 62.1-216.1 of the Virginia Code.  In purchasing
the Local Bond, the Authority is further relying on Section 62.1-216.1 of the Virginia Code,
providing that if  the Governor is satisfied that the nonpayment has occurred, the Governor will
immediately make an order directing the Comptroller to withhold all further payment to
the County of all funds, or of any part of them, appropriated and payable by the Commonwealth
of Virginia to the County for any and all purposes, and the Governor will, while the nonpayment
continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of
them as is necessary, to the Authority, so as to cure, or cure insofar as possible, such
nonpayment.


Nothing herein contained is or shall be deemed to be a lending of the credit of the
County to the Borrower, the Authority or to any holder of the Local Bond or to any other person,
and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the
taxing power of the County, nor shall anything herein contained legally bind or obligate the
Board to appropriate funds for the purposes described herein.


Any notices or requests required to be given hereunder shall be deemed given if
sent by registered or certified mail, postage prepaid, addressed (i) if to the County, to
____________________, Attention: County Administrator, (ii) if to the Borrower, to
____________________, Attention:  Chairman, and (iii) if to the Authority, to 1111 East Main
Street, Suite 1920, Richmond, Virginia, 23219, Attention: Executive Director.  Any party may
designate any other address for notices or requests by giving notice.


It is the intent of the parties hereto that this Agreement shall be governed by the
laws of the Commonwealth of Virginia.


This Agreement shall remain in full force and effect until the Local Bond and all
other amounts payable by the Borrower under the Financing Agreement have been paid in full.


This Agreement may be executed in any number of counterparts, each of which
shall be an original and all of which together shall constitute but one and the same instrument.


[Signature page follows]

The Board acknowledges that (i) the Authority would not purchase the Local
Bond without the security and credit enhancement provided by this Agreement, and (ii) the
Authority is treating this Agreement as a “local obligation” within the meaning of Section 62.1-
199 of the Code of Virginia of 1950, as amended (the “Virginia Code”), which in the event of a
nonpayment hereunder authorizes the Authority to file an affidavit with the Governor that such
nonpayment has occurred pursuant to Section 62.1-216.1 of the Virginia Code. In purchasing
the Local Bond, the Authority is further relying on Section 62.1-216.1 of the Virginia Code,
providing that if the Governor is satisfied that the nonpayment has occurred, the Governor will
immediately make an order directing the Comptroller to withhold all further payment to

the County of all funds, or of any part of them, appropriated and payable by the Commonwealth
of Virginia to the County for any and all purposes, and the Governor will, while the nonpayment
continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of
them as is necessary, to the Authority, so as to cure, or cure insofar as possible, such
nonpayment.


Nothing herein contained is or shall be deemed to be a lending of the credit of the
County to the Borrower, the Authority or to any holder of the Local Bond or to any other person,
and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the
taxing power of the County, nor shall anything herein contained legally bind or obligate the
Board to appropriate funds for the purposes described herein.


Any notices or requests required to be given hereunder shall be deemed given if
sent by registered or certified mail, postage prepaid, addressed (i) if to the County, to


, Attention: County Administrator, (ii) if to the Borrower, to
, Attention: Chairman, and (iii) if to the Authority, to 1111 East Main
Street, Suite 1920, Richmond, Virginia, 23219, Attention: Executive Director. Any party may
designate any other address for notices or requests by giving notice.

Iti the intent of the parties hereto that this Agreement shall be governed by the
laws of the Commonwealth of Virginia.

12, This Agreement shall remain in full force and effect until the Local Bond and all
other amounts payable by the Borrower under the Financing Agreement have been paid in full.

_ This Agreement may be executed in any number of counterparts, each of which
shall be an original and all of which together shall constitute but one and the same instrument.

[Signature page follows]
IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be
executed in their respective names as of the date first above written.
BOARD OF SUPERVISORS OF RUSSELL COUNTY,
VIRGINIA
By: ____________________________________________
Title: ___________________________________________
THE RUSSELL COUNTY PUBLIC SERVICE
AUTHORITY
By: ____________________________________________
Title: ___________________________________________
VIRGINIA RESOURCES AUTHORITY, as
Administrator of the Virginia Water Supply Revolving
Fund
By: ____________________________________________
Title: ___________________________________________
IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be
executed in their respective names as of the date first above written.
BOARD OF SUPERVISORS OF RUSSELL COUNTY,
VIRGINIA
By:
Title:
THE RUSSELL COUNTY PUBLIC SERVICE
AUTHORITY
By:
Title
VIRGINIA RESOURCES AUTHORITY, as
Administrator of the Virginia Water Supply Revolving
Fund
By:
Title
Tobacco Region Revitalization Commission                     Page 1
GRANT AGREEMENT
This Grant Agreement (this “Agreement”) made and entered the 18th day of May 2020 (the
“Award Date”), by and between the TOBACCO REGION REVITALIZATION COMMISSION,
a body corporate and political subdivision of the Commonwealth of Virginia (the
“Commission”), and the RUSSELL COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
(the “Grantee”), and Clinch River Hemp Company, a Virginia limited liability company (the
“Company”) whose Federal Employer Identification Number is ______________, and
RUSSELL COUNTY, VIRGINIA (the “Locality”), a political subdivision of the Commonwealth
of Virginia.
WITNESSETH:
WHEREAS, the Virginia General Assembly created the Commission to, among other
things, stimulate the economic growth and development of tobacco-dependent communities in
the Southern and Southwest regions (the “Region”) of the Commonwealth of Virginia (the
“Commonwealth”), and
WHEREAS, the Grantee has submitted an application, which by this reference is
incorporated herein and made a part of this Agreement (the “Application”), to the Commission
for funding to acquire, construct, improve, equip, furnish and/or otherwise undertake the project
entitled Project Grow described on Exhibit A attached hereto (the “Project”), and
WHEREAS, the Commission, in reliance upon the information set forth in the
Application, has determined that the Project benefits the Region and is consistent with and in
furtherance of the Commission’s public purposes and approved a grant to the Grantee in the
amount of $250,000.00 (the “Grant”) to fund the Project, the approval and funding of such Grant
the Commission has determined constitutes a valid public purpose for the expenditure of public
funds and is the animating purpose for the Grant, and
WHEREAS, the Commission, the Company and the Grantee desire to set forth their
understanding and agreement as to the use of the Grant and the obligations of the Company and
the Grantee regarding the use of the Grant, and
WHEREAS, the Locality joins in this Agreement for the sole purpose of making certain
revenue sharing commitments as described in the Revenue Sharing Addendum attached as
Exhibit D to this Agreement.
NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises
and undertakings of the parties to this Agreement, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby represent,
warrant, covenant and agree as follows:

Project and Budget. The Grantee agrees to use the Grant to provide funds for that

portion of the Project not being paid from other sources as set forth in the budget for the Project
attached hereto as Exhibit B (the “Project Budget”). The Grantee will provide a dollar-for-dollar
Grant # 3649
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
GRANT AGREEMENT
This Grant Agreement (this “Agreement”) made and entered the 18" day of May 2020 (the
“Award Date”), by and between the TOBACCO REGION REVITALIZATION COMMISSION,
a body corporate and political subdivision of the Commonwealth of Virginia (the
Commission”), and the RUSSELL{ COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY,
(the“Grantee”), and Clinch River Hemp Company, a Virginia limited liability company (the
“Company”) whose Federal Employer Identification Number is . and
[RUSSELL | COUNTY VIRGINIA (the “Locality”), a political subdivision of the Commonwealth
of Virginia.
WITNESSETH:
WHEREAS, the Virginia General Assembly created the Commission to, among other
things, stimulate the economic growth and development of tobacco-dependent communities in
the Southern and Southwest regions (the “Region”) of the Commonwealth of Virginia (the
“Commonwealth”), and
WHEREAS, the Grantee has submitted an application, which by this reference is
incorporated herein and made a part of this Agreement (the “Application”), to the Commission
for funding to acquire, construct, improve, equip, furnish and/or otherwise undertake the project
entitled Project Grow described on Exhibit A attached hereto (the “Project”), and
WHEREAS, the Commission, in reliance upon the information set forth in the
Application, has determined that the Project benefits the Region and is consistent with and in
furtherance of the Commission’s public purposes and approved a grant to the Grantee in the
amount of $250,000.00 (the Grant”) to:fund the Project, the approval and funding of such Grant
the Commission has determined constitutes a valid public purpose for the expenditure of public
funds and is the animating purpose for the Grant, and
WHEREAS, the Commission, the Company and the Grantee desire to set forth their
understanding and agreement as to the use of the Grant and the obligations of the Company and
the Grantee regarding the use of the Grant, and
WHEREAS, the Locality joins in this Agreement for the sole purpose of making certain
‘revenue sharing commitments as described in the Revenue Sharing Addendum attached as
Exhibit D to this Agreement.
NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises
and undertakings of the parties to this Agreement, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby represent,
warrant, covenant and agree as follows:

Project and Budget. The Grantee agrees to use the Grant to provide funds for that
‘Portion of the Project not being paid from other sources as set forth in the budget for the Project
attached hereto as Exhibit B (the “Project Budget”). The Grantee will provide a dollar-for-dollar_

‘Tobacco Region Revitalization Commission Page 1
Tobacco Region Revitalization Commission                     Page 2
match to the Grant as required by Va. Code Section 3.2-3103. The Project Budget identifies the
matching funds that the Grantee will provide.
No portion of the Grant shall be used for any purpose whatsoever other than the Project
without the prior written approval of the Executive Director of the Commission (the “Executive
Director”).
No material changes shall be made in the scope of the Project or to the Project Budget,
including the source or nature of matching funds, without the prior written approval of the
Executive Director. Any document signed by the Executive Director accepting a change in the
scope of the Project or to the Project Budget shall explicitly set forth the accepted change. If the
maximum authorized amount of the Grant exceeds the amount necessary to complete the Project,
the excess shall not be disbursed to the Grantee but shall remain with the Commission.  If excess
funds were previously disbursed, such funds shall be returned to the Commission within thirty
(30) days of the earlier of the completion of the Project or the expiration of this Agreement.
The Company and the Grantee agree to cause the Project to be acquired, constructed,
improved, equipped, furnished and/or otherwise undertaken as described in Exhibit A and will
cause the Project to be completed on or before the expiration of this Agreement.  The Company
represents and warrants that Grant funds and funds available from the other sources specified in
the Project Budget will be sufficient to cause the Project to be completed.
The Grantee and the Company agree to comply with all applicable federal, state, and
local laws and regulations pertaining to the Project and the use and application of Grant funds.

Payment of Grant Funds.  Subject to the terms of this Agreement and at the sole

discretion of the Commission shall be disbursed on a reimbursement basis.  Disbursement shall
only be made after the Grantee Certification attached hereto as Exhibit C has been completed by
the Grantee and delivered to and approved by the Commission in its sole discretion.
The Grantee shall be eligible for reimbursement upon submission of a signed payment
request on the Commission’s then-current form (“Payment Request Form”) with adequate
supporting documentation.  The Grantee and the Company agree to comply with the
Commission’s General Funding Policies, Grant Disbursement Guidelines, and Guidelines for
Advance of Funds as they may be updated from time to time.
Expenses incurred prior to the execution of this Agreement are not eligible for
reimbursement.  Prior to any disbursement, the Commission shall have on record documentation
from the Grantee designating the officers, employees, or agents authorized to make a
reimbursement request (such documentation may be in the form of a resolution or minutes of the
Grantee appointing such designee).
Reimbursement requests shall be submitted not more frequently than quarterly, unless the
Executive Director otherwise agrees.  Appropriate supporting documentation shall be attached to
all Payment Request Forms and may include, but is not limited to, invoices from goods
purchased and services performed, receipts, vouchers, reporting forms or other evidence of the
actual payment of costs related to the Project and consistent with the Project Budget. The
Grantee and the Company shall also provide appropriate supporting documentation of the
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
No portion of the Grant shall be used for any purpose whatsoever other than the Project
without the prior written approval of the Executive Director of the Commission (the “Executive
Director”).
No material changes shall be made in the scope of the Project or to the Project Budget,
including the source or nature of matching funds, without the prior written approval of the
Executive Director. Any document signed by the Executive Director accepting a change in the
scope of the Project or to the Project Budget shall explicitly set forth the accepted change. If the
maximum authorized amount of the Grant exceeds the amount necessary to complete the Project,
the excess shall not be disbursed to the Grantee but shall remain with the Commission. If excess
funds were previously disbursed, such funds shall be returned to the Commission within thirty
(30) days of the earlier of the completion of the Project or the expiration of this Agreement.
‘The Company and the Grantee agree to cause the Project to be acquired, constructed,
“improved, equipped, furnished and/or otherwise undertaken as described in Exhibit A and will
cause the Project to be completed on or before the expiration of this Agreement. The Company
represents and warrants that Grant funds and funds available from the other sources specified in
the Project Budget will be sufficient to cause the Project to be completed.
‘The Grantee and the Company agree to comply with all applicable federal, state, and
local laws and regulations pertaining to the Project and the use and application of Grant funds.
2ePayment of Grant’Funds, Subject to the terms of this Agreement and at the sole
discretion of the Commission shall be disbursed oma reimbursement basis. (Disbursement shall
“only be made after the Grantee Certification attached hereto as Exhibit C has been completed by
the Grantee and delivered to and approved by the Commission in its sole discretion.
The Grantee shall be eligible for reimbursement upon submission of a signed payment
request on the Commission’s then-current form (“Payment Request Form”) with adequate
supporting documentation. The Grantee and the Company agree to comply with the
Commission’s General Funding Policies, Grant Disbursement Guidelines, and Guidelines for
‘Advance of Funds as they may be updated from time to time.
‘reimbursement, Prior to any disbursement, the Commission shall have on record documentation
from the Grantee designating the officers, employees, or agents authorized to make a
reimbursement request (such documentation may be in the form of a resolution or minutes of the
Grantee appointing such designee).
Reimbursement requests shall be submitted not more frequently than quarterly, unless the
Executive Director otherwise agrees. Appropriate supporting documentation shall be attached to
all Payment Request Forms and may include, but is not limited to, invoices from goods
purchased and services performed, receipts, vouchers, reporting forms or other evidence of the
actual payment of costs related to the Project and consistent with the Project Budget. The
Grantee and the Company shall also provide appropriate supporting documentation of the
‘Tobacco Region Revitalization Commission Page 2
Tobacco Region Revitalization Commission                     Page 3
expenditure and application of the required matching funds for the Project.  The Commission
may in its sole discretion refuse to make a disbursement if the Grantee’s documentation is not
adequate or if such disbursement does not appear to be within the Project Budget or is otherwise
contrary to or in violation of the provisions hereof. The Commission in its sole discretion may
refuse to disburse any funds to the Grantee if the Grantee has previously received a grant award
and a final grant report for the previous grant award has not been received by the Commission.

Employment Obligation. The Company shall employ at least 50 persons in

connection with the Project in the Locality with a quarterly aggregate payroll of at least
$568,750.   For the purposes of this Agreement, the number of persons “employed” means the
number of persons to whom the Company pays wages in any given quarter and is calculated by
adding together the number of persons to whom the Company paid wages in each month of the
quarter and dividing that sum by three (3).  Said employment and payroll will be in addition to
those already employed in the Locality by the Company and paid during the calendar quarter
ending on March 31, 2020 hereinafter called the “Base Quarter.”  Persons employed by the
Company in the Locality shall be counted as employed hereunder only to the extent that they (a)
exceed the aggregate number of employees at all Company locations within the Commonwealth
during the Base Quarter, and (b) are not counted as fulfilling any other employment obligation
made to the Commission by the Company under any other agreement.
In order for the Grantee to earn the portion of the Grant allocated to the employment obligation
described above and not have a repayment obligation under Section 7, the Company must fully
meet its employment obligations hereunder not later than thirty-six (36) months after the end of
the Base Quarter.  The Company’s employment obligations will be deemed to have been fully
met when it documents any three (3) consecutive calendar quarters after the Base Quarter in
which:
(i) the average number of persons employed by the Company during each of those
three (3) consecutive quarters exceeds the average number of persons employed
by the Company in the Base Quarter by at least the number promised in Section 3
above, AND
(ii) the total wages paid by the Company to employees in each of those three quarters
exceed the wages paid by the Company to employees in the Base Quarter by at
least the amount promised in Section 3 above, AND
(iii) all such employees worked in the Locality, AND
(iv) all Company employees in Virginia have been reported to the Virginia
Employment Commission (“VEC”) in accordance with VEC regulations. The
Company’s failure to satisfy such requirements shall be a breach hereof, and shall
constitute an Event of Default hereunder by the Company. Employment gains by
the Company in the Locality that are offset by employment losses elsewhere in
Virginia shall not be counted as employment hereunder.
All determinations of performance made under this Section shall be based upon reports made by,
or on behalf of, the Company to the VEC including but not limited to VEC Form FC-20
Employer’s Quarterly Tax Report and O.M.B. Form No 1220-0134 Multiple Worksite Report –
BLS 3020 (or any successor forms designated by VEC, or accepted by VEC in lieu thereof).  If
such filings include Company employees who did not work in the Locality, it shall be the duty of
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
expenditure and application of the required matching funds for the Project. The Commission
may in its sole discretion refuse to make a disbursement if the Grantee’s documentation is not
adequate or if such disbursement does not appear to be within the Project Budget or is otherwise
contrary to or in violation of the provisions hereof. The Commission in its sole discretion may
refuse to disburse any funds to the Grantee if the Grantee has previously received a grant award
and a final grant report for the previous grant award has not been received by the Commission.

Employment Obligation. The Company shall employ at least 50 persons in

($568,750, For the purposes of this Agreement, the number of persons “employed” means the
number of persons to whom the Company pays wages in any given quarter and is calculated by
adding together the number of persons to whom the Company paid wages in each month of the
quarter and dividing that sum by three (3). Said employment and payroll will be in addition to
those already employed in the Locality by the Company and paid during the calendar quarter
ending on March 31, 2020 hereinafter called the “Base Quarter.” Persons employed by the
Company in the Locality shall be counted as employed hereunder only to the extent that they (a)
exceed the aggregate number of employees at all Company locations within the Commonwealth
during the Base Quarter, and (b) are not counted as fulfilling any other employment obligation
made to the Commission by the Company under any other agreement.
In order for the Grantee to earn the portion of the Grant allocated to the employment obligation
described above and not have a repayment obligation under Section 7, the\Company must fully
Meet its employment obligations hereunder not later than thirty-six (36) months after the end of
‘the Base Quarter. The Company’s employment obligations will be deemed to have been fully.
met when it documents any three (3) consecutive calendar quarters after the Base Quarter in
which:
() the average number of persons employed by the Company during each of those
three (3) consecutive quarters exceeds the average number of persons employed
by the Company in the Base Quarter by at least the number promised in Section 3
above, AND.
(ii) the total wages’paid by the Company to employees in each of those three quarters
exceed the wages paid by the Company to employees in the Base Quarter by at
least the amount promised in Section 3 above, AND
(iii) all such employees worked in the Locality, AND
(ix) all Company’ employees in Virginia have been reported to the Virginia
‘Employment Commission (“VEC”) in accordance with VEC regulations. The
Company’s failure to satisfy such requirements shall be a breach hereof, and shall
constitute an Event of Default hereunder by the Company. Employment gains by
the Company in the Locality that are offset by employment losses elsewhere in
Virginia shall not be counted as employment hereunder.
All determinations of performance made under this Section shall be based upon reports made by,
or on behalf of, the Company to the VEC including but not limited to VEC Form FC-20
Employer’s Quarterly Tax Report and O.M.B. Form No 1220-0134 Multiple Worksite Report —
BLS 3020 (or any successor forms designated by VEC, or accepted by VEC in lieu thereof). If
such filings include Company employees who did not work in the Locality, it shall be the duty of
‘Tobacco Region Revitalization Commission Page 3
Tobacco Region Revitalization Commission                     Page 4
the Company to provide additional information sufficient to identify those employees who did
work in the Locality.  Employees of control affiliates (e.g., subsidiary companies, parent
companies, entities under common ownership or control) or employees of independent
contractors hired by the Company shall not be counted as employees of the Company in
fulfillment of its promise hereunder UNLESS such entities and their relationship to the Company
are disclosed to and approved by the Executive Director in writing, AND such entities supply the
Commission with the same employment documentation as described herein.

Taxable Assets Obligation.  The Company shall locate or construct taxable assets

associated with the Project in the Locality having an assessed value of at least $2,015,500.00, as
determined by the Locality’s Commissioner of Revenue (“COR”). Said taxable assets will be in
addition to those counted in fulfillment of any other taxable asset or capital investment obligation
made to the Commission by the Company under any other agreement. If the Company is exempt
from the payment of property taxes on certain assets by state law, the Company shall not be
entitled to receive or keep any portion of the Grant allocated to its investment in those certain
assets.
In order for the Grantee to earn the portion of the Grant allocated to the taxable asset
obligation, the Company must meet its taxable asset obligations hereunder not later than thirty-
six (36) months after the Base Quarter.  Company assets located, constructed, or leased in the
Locality prior to the Base Year will not be counted in fulfillment of the Company’s taxable asset
obligation. For purposes of this Agreement, the calendar year that includes the Base Quarter shall
be called the “Base Year.”
Leased assets not on record with the COR in the name of the Company will be counted in
fulfillment of the Company’s taxable asset obligation only if a copy of the lease is submitted to
the Commission indicating that the asset(s) under lease meet the other requirements listed above
and were not leased from the Locality or its control affiliates at a substantial discount from
market rates.
The Commission’s determination as to whether the Company satisfied its taxable asset
obligation will be based on asset values assessed by the COR and will be the sum of the
following:
a. the highest real property assessed value of record for any one of the three calendar
years following the Base Year, less the assessed value of the Base Year, PLUS
b. the first personal property assessed value for each asset first appearing of record
during the three calendar years following the Base Year.
The Commission shall rely upon the information described above as the same is reported
to the Commission by the COR in writing, without exception.
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
the Company to provide additional information sufficient to identify those employees who did
work in the Locality. Employees of control affiliates (e.g. subsidiary companies, parent
companies, entities under common ownership or control) or employees of independent
contractors hired by the Company shall not be counted as employees of the Company in
fulfillment of its promise hereunder UNLESS such entities and their relationship to the Company
are disclosed to and approved by the Executive Director in writing, AND such entities supply the
Commission with the same employment documentation as described herein.

Taxable Assets Obligation. The Company shall locate or construct taxable assets:
associated with the Project in the Locality having an assessed value of at least $2,015,500.00, as
-determined by the Locality’s Commissioner of Revenue (“COR”). Said taxable assets will be in
addition to those counted in fulfillment of any other taxable asset or capital investment obligation
‘made to the Commission by the Company under any other agreement; If the Company is exempt

from the payment of property taxes on certain assets by state law, the Company shall not be
entitled to receive or keep any portion of the Grant allocated to its investment in those certain
assets.
In order for the Grantee to earn the portion of the Grant allocated to the taxable asset
obligation, the Company must meet its taxable asset obligations hereunder not later than thirty-
six (36) months after the Base Quarter. Company/assets located, construetedy/or leased inthe
Locality prior to the Base Year will not be counted in fulfillment of the Company’s taxable asset
Leased assets not on record with the COR in the name of the Company will be counted in
fulfillment of the Company’s taxable asset obligation only if a copy of the lease is submitted to
the Commission indicating that the asset(s) under lease meet the other requirements listed above
and were not leased from the Locality or its control affiliates at a substantial discount from
market rates.
The Commission’s determination as to whether the Company satisfied its taxable asset
obligation will be based on assetivaluesvassessed: bythe COR and will be the sumyof the
following:
a.
‘The Commission shall rely upon the information described above as the same is reported
to the Commission by the COR in writing, without exception.
‘Tobacco Region Revitalization Commission Page 4
Tobacco Region Revitalization Commission                     Page 5
Taxable assets owned by subsidiary companies, related entities, or entities under common
ownership or control shall not be counted as taxable assets of the Company in fulfillment of its
taxable asset obligation hereunder UNLESS such entities and their relationships to the Company
are disclosed to and approved by the Executive Director in writing, AND such entities supply the
Commission with the same taxable assets documentation as described herein.

Verification of Performance. The Company hereby expressly grants its consent for

(a) the COR to release to the Commission or the Grantee records necessary to disclose the
information required in this Agreement, and (b) the VEC to release to the Commission all
Company employment records of any kind held by the VEC.
If any of the taxable assets described in Section 4 have been acquired or improved on behalf of
the Company by a lessor, the Company shall be responsible for gathering and reporting to the
Commission information regarding the taxable assets acquired or improved by the lessor on
behalf of the Company.

Events of Default. If any of the following should occur within the thirty-six (36)

month period after the end of the Base Quarter, it shall constitute an “Event of Default” and the
Commission may, at its election, accelerate the obligation of the Company and Grantee to repay
the portion of the Grant that has not been earned as of the date of the Event of Default:
a. The Company applies for or consents to the appointment of a receiver, trustee or
liquidator of all or a substantial part of its assets, files a voluntary petition of
bankruptcy, makes a general assignment for the benefit of creditors, files a
petition or an answer seeking reorganization or arrangement with creditors, or if
an order, judgment or decree shall be entered by any court of competent
jurisdiction, on the application of a creditor, adjudicating the Company as
bankrupt or insolvent or approving a petition seeking reorganization of the
Company or appointing a receiver, trustee or liquidator of the Company or of all
or a substantial part of its assets which remains undismissed, undischarged or
unstayed for a period of forty-five (45) days;
b. The Company ceases to be of record and in good standing with the Virginia State
Corporation Commission, and such failure is not cured within sixty (60) days
from notice thereof, unless Company obligations hereunder have been assumed
by another entity and that assumption was approved by the Executive Director
and the Grantee;
c. The Company fails, for reasons other than an Event of Force Majeure (as defined
herein), to fulfill at least twenty-five percent (25%) of either its employment
obligation described in Section 3 above or its taxable asset obligation described in
Section 4 above within eighteen (18) months after the end of the Base Quarter;
d. The Company’s employment level is less than 75% of that found in the Base
Quarter in more than two (2) calendar quarters following the Base Quarter;
e. The Company fails to provide verification to the Commission as described in
Section 5 within sixty (60) days from a written request from the Commission; or
f. The Company closes its business in the Locality for a period of more than thirty
(30) days during the thirty-six (36) months following the Base Quarter.
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
are disclosed to and approved by the Executive Director in writing, AND such entities supply the
Commission with the same taxable assets documentation as described herein.

Verification of Performance. The Company hereby expressly grants its consent for

(a) the COR to release to the Commission or the Grantee records necessary to disclose the
information required in this Agreement, and (b) the VEC to release to the Commission all
Company employment records of any kind held by the VEC.
If any of the taxable assets described in Section 4 have been acquired or improved on behalf of
the Company by a lessor, the Company shall be responsible for gathering and reporting to the
Commission information regarding the taxable assets acquired or improved by the lessor on
behalf of the Company.

Events of Default, If any of the following should occur within the thirty-six (36)
month period after the end of the Base Quarter, it shall constitute an “Event of Default” and the
Commission may, at its election, accelerate the obligation of the Company and Grantee to repay
the portion of the Grant that has not been earned as of the date of the Event of Default:

a. The Company applies for or consents to the appointment of a receiver, trustee or
liquidator of all or a substantial part of its assets, files a voluntary petition of
bankruptcy, makes a general assignment for the benefit of creditors, files a
petition or an answer seeking reorganization or arrangement with creditors, or if
an order, judgment or decree shall be entered by any court of competent
jurisdiction, on the application of a creditor, adjudicating the Company as
bankrupt or insolvent or approving a petition seeking reorganization of the
Company or appointing a receiver, trustee or liquidator of the Company or of all
or a substantial part of its assets which remains undismissed, undischarged or
unstayed for a period of forty-five (45) days;
b. The Company ceases to be of record and in good standing with the Virginia State
Corporation Commission, and such failure is not cured within sixty (60) days
from notice thereof, unless Company obligations hereunder have been assumed
by another entity and that assumption was approved by the Executive Director
and the Grantee;
c. The Company fails, for reasons other than an Event of Force Majeure (as defined
herein), to fulfill at least twenty-five percent (25%) of either its employment
obligation described in Section 3 above or its taxable asset obligation described in
Section 4 above within eighteen (18) months after the end of the Base Quarter;
d. The Company’s employment level is less than 75% of that found in the Base
Quarter in more than two (2) calendar quarters following the Base Quarter;
e. The Company fails to provide verification to the Commission as described in
Section 5 within sixty (60) days from a written request from the Commission; or
f. The Company closes its business in the Locality for a period of more than thirty
(30) days during the thirty-six (36) months following the Base Quarter.
‘Tobacco Region Revitalization Commission Page 5
Tobacco Region Revitalization Commission                     Page 6

Repayment Obligation. In the event that the Company does not meet its obligations

hereunder within thirty-six (36) months after the end of the Base Quarter, or an Event of Default
occurs, the Company shall repay to the Grantee the unearned portion of the Grant.  For the
purposes of determining the amount of the repayment obligation of the Company and Grantee,
fifty percent (50%) of the Grant is allocated for the Company’s taxable asset obligation set forth
in Section 4 and fifty percent (50%) of the Grant is allocated for the Company’s employment
obligation set forth in Section 3.
The amount that the Company and Grantee must repay will be calculated as follows:
a. The Company must locate or construct taxable assets in the Locality with an
assessed value of at least $1 million (the “Minimum Investment Requirement”) in
order to earn any portion of the Grant. If the Company does not satisfy the
Minimum Investment Requirement, the Company and Grantee must repay 100%
of the Grant.
b. Subject to the terms of Section 7.c. below, so long as the Company satisfied the
quarterly aggregate payroll requirement described in Section 3, the fraction of the
Grant allocated to employment that the Company and Grantee may retain is
determined by dividing the average number of persons the Company employed
during the three consecutive quarters with the highest employee count as
determined in Section 3 by the number of jobs promised in Section 3.
c. The method of computation set forth in Paragraph 7.b. above will be used only if
the quarterly aggregate payroll for the three consecutive quarters described in
Section 3 equals or exceeds that promised in Section 3.  If the actual quarterly
aggregate payroll is less than that promised in Section 3, the number of qualifying
employees shall be reduced in proportion to the shortfall in quarterly aggregate
payroll and the reduced number of employees shall be used to determine whether
Company has satisfied its employment obligation hereunder.
d. After exceeding the Minimum Investment Requirement, the fraction of the Grant
allocated to taxable assets that is earned by the Company is determined by
dividing the greatest value of assets assessed by the COR under Sections 4 and 5
above by the taxable assets promised in Section 4.
e. All unearned portions of the Grant shall be repaid by the Company to the Grantee
not later than thirty (30) days after the date on which the Commission notifies the
Company and the Grantee of the unearned amount. The Grantee agrees to remit
the same to the Commission.  Any refund owed by the Company to the Grantee
hereunder shall immediately constitute an obligation of the Grantee to repay the
Commission and such Grantee’s obligation shall not be contingent upon
successful collection of any amount from the Company. The Grantee shall be
liable for repayment to the Commission that portion of the Grant determined
by the Commission to be due under the terms of this Section and hereby
agrees to make such repayment without regard to whether Grantee has
received repayment from the Company as further certified on Exhibit C
attached hereto.
f. Interest shall accrue on unpaid balances at the rate of three percent (3%) per
annum beginning on the 31st day after the Company and Grantee are notified of
the amount due.
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight

Repayment Obligation. In the event that the Company does not meet its obligations
occurs, the Company shall repay to the Grantee the unearned portion of the Grant. For the

purposes of determining the amount of the repayment obligation of the Company and Grantee,
fifty percent (50%) of the Grant is allocated for the Company’s taxable asset obligation set forth
in Section 4 and fifty percent (50%) of the Grant is allocated for the Company’s employment
obligation set forth in Section 3.
The amount that the Company and Grantee must repay will be calculated as follows:
a. The Company must locate or construct taxable assets in the Locality with an
assessed value of at least $1 million (the “Minimum Investment Requirement”) in
order to earn any portion of the Grant. If the Company does not satisfy the
Minimum Investment Requirement, the Company and Grantee must repay 100%
of the Grant.
b. Subject to the terms of Section 7.c. below, so long as the Company satisfied the
quarterly aggregate payroll requirement described in Section 3, the fraction of the
Grant allocated to employment that the Company and Grantee may retain is
determined by dividing the average number of persons the Company employed
during the three consecutive quarters with the highest employee count as
determined in Section 3 by the number of jobs promised in Section 3.
c. The method of computation set forth in Paragraph 7.b. above will be used only if
the quarterly aggregate payroll for the three consecutive quarters described in
Section 3 equals or exceeds that promised in Section 3. If the actual quarterly
aggregate payroll is less than that promised in Section 3, the number of qualifying
employees shall be reduced in proportion to the shortfall in quarterly aggregate
payroll and the reduced number of employees shall be used to determine whether
Company has satisfied its employment obligation hereunder.
d. After exceeding the Minimum Investment Requirement, the fraction of the Grant
allocated to taxable assets that is earned by the Company is determined by
dividing the greatest value of assets assessed by the COR under Sections 4 and 5
above by the taxable assets promised in Section 4.
e. All unearned portions of the Grant shall be repaid by the Company to the Grantee
not later than thirty (30) days after the date on which the Commission notifies the
Company and the Grantee of the unearned amount, The Grantee agrees to remit
the same to the Commission. Any refund owed by the Company to the Grantee
hereunder shall immediately constitute an obligation of the Grantee to repay the
Commission and such Grantee’s obligation shall not be contingent upon
successfull collection of any amount from the Company. ‘Phe Grantee shall be
Interest shall accrue on unpaid balances at the rate of three percent (3%) per
annum beginning on the 31* day after the Company and Grantee are notified of
the amount due.
‘Tobacco Region Revitalization Commission Page 6
Tobacco Region Revitalization Commission                     Page 7
g. If the Company does not meet its employment obligations or taxable asset
obligations hereunder by the date which is thirty-six (36) months after the end of
the Base Quarter because of an Event of Force Majeure arising after the date of
this Agreement (as defined herein), the date by which a requirement to meet such
commitments shall be extended day-for-day for a period equal to the time elapsed
during the Event of Force Majeure.  “Event of Force Majeure” means any of the
following:  acts of God, strikes, lockouts, crime, insurrections, riots, epidemics,
pandemics, landslides, lightning, earthquakes, fires, hurricanes, tornadoes, storms,
floods, washouts, draughts, or explosions.
h. In the event the Commission is required to take legal action under this Agreement,
the Grantee and the Company, jointly and severally, shall be liable for all of the
Commission’s costs expended for the administration and enforcement of this
Agreement, including but not limited to reasonable attorney’s fees and court
costs.

Revenue Sharing. The Locality is party to this Agreement solely for the purposes of

agreeing to the Revenue Sharing Addendum attached hereto as Exhibit D.  The Locality shall,
upon receipt of tax revenue from the Company, calculate and return to the Commission a portion
of tax revenue as described in Exhibit D.

Right of Inspection.  The Commission, and its employees and agents, shall have the

right to inspect the Project upon reasonable notice to the Grantee and the Company being
provided, however, that in the event of an emergency, inspection may be made, to preserve the
integrity of the Grant and its original intended purpose, with notice to the Grantee and the
Company being given at the earliest practicable time.

Parties’ Relationship.   In connection with the award or the administration of the

Grant, the Commission does not and shall not assume any liability for any financial or other
obligations of the Grantee and/or the Company, made to third parties, whether or not related to
the Project.  The Grantee and/or the Company is and will be acting as an independent contractor
in the performance of the Project, and agrees to be responsible, to the extent permitted by
applicable Virginia law, for negligent acts or omissions of its employees, agents or officers
arising out of its obligations under this Agreement. Nothing contained herein shall be deemed an
express or implied waiver of the sovereign immunity of the Commission or the Commonwealth
In the event the Commission is required to take legal action under this Agreement, the
Company and Grantee shall jointly and severally liable to the extent allowable by Virginia law,
for all of the Commission’s costs expended for the administration and enforcement of this
Agreement, including but not limited to, reasonable attorney’s fees and court costs.

Recordkeeping.  The Grantee shall maintain proper books of record and account

with respect to the Grant and the Project in which accurate and timely entries shall be made in
accordance with generally accepted accounting principles, during the term of this Agreement.
The Grantee shall retain all invoices from goods purchased and services performed, receipts,
vouchers, reporting forms or other evidence of the actual payment of costs related to the Project.
All books of record and account and all records of receipts and expenditures with respect to the
Grant and the Project and copies of Payment Request Forms with supporting documentation and
annual and final reports submitted to the Commission shall be retained for at least three (3) years
Lonzo Lester
Highlight
Lonzo Lester
Highlight
g. If the Company does not meet its employment obligations or taxable asset
obligations hereunder by the date which is thirty-six (36) months after the end of
the Base Quarter because of an Event of Force Majeure arising after the date of
this Agreement (as defined herein), the date by which a requirement to meet such
commitments shall be extended day-for-day for a period equal to the time elapsed
during the Event of Force Majeure. “Event of Force Majeure” means any of the
following: acts of God, strikes, lockouts, crime, insurrections, riots, epidemics,
pandemics, landslides, lightning, earthquakes, fires, hurricanes, tornadoes, storms,
floods, washouts, draughts, or explosions.
h. Inthe event the Commission is required to take legal action under this Agreement,
the Grantee and the Company, jointly and severally, shall be liable for all of the
Commission’s costs expended for the administration and enforcement of this
Agreement, including but not limited to reasonable attorney’s fees and court
costs.

Revenue Sharing, The Locality is party to this Agreement solely for the purposes of
“agreeing to the Revenue Sharing Addendum attached hereto as Exhibit D, The Locality shall,
“upon receipt of tax revenue from the Company, calculate and return to the Commission a portion
‘of tax revenue as described in Exhibit D.

9, Right of Inspection. The Commission, and its employees and agents, shall have the
right to inspect the Project upon reasonable notice to the Grantee and the Company being
provided, however, that in the event of an emergency, inspection may be made, to preserve the
integrity of the Grant and its original intended purpose, with notice to the Grantee and the
‘Company being given at the earliest practicable time.

Parties’ Relationship. In connection with the award or the administration of the
Grant, the Commission does not and shall not assume any liability for any financial or other
obligations of the Grantee and/or the Company, made to third parties, whether or not related to
the Project. The Grantee and/or the Company is and will be acting as an independent contractor
in the performance of the Project, and agrees to be responsible, to the extent permitted by
applicable Virginia law, for negligent acts or omissions of its employees, agents or officers
arising out of its obligations under this Agreement. Nothing contained herein shall be deemed an
express or implied waiver of the sovereign immunity of the Commission or the Commonwealth

In the event the Commission is required to take legal action under this Agreement, the
Company and Grantee shall jointly and severally liable to the extent allowable by Virginia law,
for all of the Commission’s costs expended for the administration and enforcement of this
Agreement, including but not limited to, reasonable attorney’s fees and court costs

Recordkeeping. The Grantee shall maintain proper books of record and account
with respect to the Grant and the Project in which accurate and timely entries shall be made in
accordance with generally accepted accounting principles, during the term of this Agreement.
The Grantee shall retain all invoices from goods purchased and services performed, receipts,
vouchers, reporting forms or other evidence of the actual payment of costs related to the Project.
All books of record and account and all records of receipts and expenditures with respect to the
Grant and the Project and copies of Payment Request Forms with supporting documentation and
annual and final reports submitted to the Commission shall be retained for at least three (3) years

‘Tobacco Region Revitalization Commission Page 7
Tobacco Region Revitalization Commission                     Page 8
after the later of the completion of the Project or the expiration of this Agreement.  The
Commission, and its members, employees, and agents, shall have the right to inspect and make
copies of the books and records of the Grantee related to the Project

Annual Reports.  The Grantee and the Company shall submit to the Commission

annual financial and narrative reports reflecting activity in the Fund and progress made toward
completion of the Project.  Annual financial reports shall be presented on the Commission’s grant
reporting form then in effect (the “Grant Reporting Form”). Annual narrative reports shall
indicate the progress made toward achieving the goals of the Grant and shall be submitted with
the Grant Reporting Form.  Annual reports shall be due one year from the Award Date and
annually thereafter until the Project is complete.  The Commission reserves the right to request
additional information to supplement the information provided in the Grant Reporting Form or
the annual narrative reports, including but not limited to, the Company’s audited financial
statements.

Final Report.  The Grantee and the Company shall provide a final financial and

narrative report to the Commission with the final reimbursement request.  The final report shall
contain the type of information contained in the annual reports, including a narrative as to the
success of the Project and a description of the long-term achievements and expectations for the
Project and shall be presented on the Commission’s Grant Reporting Form.  The Commission
will not pay the final reimbursement until the Company and Grantee have submitted a final
report.

Interim Reports.  In addition to the annual reports and final report required by

Sections 12 and 13 of this Agreement, the Commission may reasonably request that the Grantee
and the Company submit additional or interim information from time to time to ensure that the
provisions of this Agreement are properly carried out, administered and enforced.

Misuse of Award; Rights of Commission.  If the Commission determines that any

part of the Grant has not been used for the Project or for a purpose otherwise approved in writing
by the Executive Director, or that the Grantee and/or the Company has failed to comply with any
material term or condition or obligation of the Grantee and/or the Company in this Agreement,
including but not limited to, the Grantee and/or the Company making in any material respect a
false or misleading statement or other written or oral representation, warranty or statement
furnished or made to the Commission in this Agreement, the Application or otherwise, the
Commission in its sole discretion may withhold any further disbursements to the Grantee and, in
addition:
(a) rescind the Grant by written notice to the Grantee, in which event the
Grantee shall be obligated to return to the Commission, within five (5) days following
receipt of such notice, an amount, from legally available funds, equal to all Grant
payments received pursuant to this Agreement, plus interest from the date of receipt of
such notice at the prime rate set forth in the Wall Street Journal on the date of such
notice;
(b) take any action as necessary to preserve the integrity of the Grant and to
preserve Grant funds for appropriate uses;
after the later of the completion of the Project or the expiration of this Agreement. The
Commission, and its members, employees, and agents, shall have the right to inspect and make
copies of the books and records of the Grantee related to the Project


Annual Reports. The Grantee and the Company shall submit to the Commission
annual financial and narrative reports reflecting activity in the Fund and progress made toward
completion of the Project. Annual financial reports shall be presented on the Commission’s grant
reporting form then in effect (the “Grant Reporting Form”). Annual narrative reports shall
indicate the progress made toward achieving the goals of the Grant and shall be submitted with
the Grant Reporting Form. Annual reports shall be due one year from the Award Date and
annually thereafter until the Project is complete. ‘The Commission reserves the right to request
additional information to supplement the information provided in the Grant Reporting Form or
the annual narrative reports, including but not limited to, the Company’s audited financial
statements.


Final Report. The Grantee and the Company shall provide a final financial and
narrative report to the Commission with the final reimbursement request. ‘The final report shall
contain the type of information contained in the annual reports, including a narrative as to the
success of the Project and a description of the long-term achievements and expectations for the
Project and shall be presented on the Commission’s Grant Reporting Form. The Commission
will not pay the final reimbursement until the Company and Grantee have submitted a final
report.


Interim Reports. In addition to the annual reports and final report required by
Sections 12 and 13 of this Agreement, the Commission may reasonably request that the Grantee
and the Company submit additional or interim information from time to time to ensure that the
provisions of this Agreement are properly carried out, administered and enforced,


Misuse of Award; Rights of Commission. If the Commission determines that any
part of the Grant has not been used for the Project or for a purpose otherwise approved in writing
by the Executive Director, or that the Grantee and/or the Company has failed to comply with any
material term or condition or obligation of the Grantee and/or the Company in this Agreement,
including but not limited to, the Grantee and/or the Company making in any material respect a
false or misleading statement or other written or oral representation, warranty or statement
furnished or made to the Commission in this Agreement, the Application or otherwise, the
Commission in its sole discretion may withhold any further disbursements to the Grantee and, in
addition:


(a) __ rescind the Grant by written notice to the Grantee, in which event the
Grantee shall be obligated to return to the Commission, within five (5) days following
receipt of such notice, an amount, from legally available funds, equal to all Grant
payments received pursuant to this Agreement, plus interest from the date of receipt of
such notice at the prime rate set forth in the Wall Street Journal on the date of such
notice;
(b) take any action as necessary to preserve the integrity of the Grant and to
preserve Grant funds for appropriate uses;
‘Tobacco Region Revitalization Commission Page 8
Tobacco Region Revitalization Commission                     Page 9
© determine that the Grantee and/or Company is ineligible to receive future
grant funding through the Commission;
(d) withhold any and all disbursements requested by the Grantee from the
Commission under any other grant approved by the Commission; and/or
(e) take such judicial action as is necessary to collect any amounts owed,
including legal action for breach of this Agreement.

Sale or Encumbrance; Security Interest.  None of the assets or property acquired,

constructed, improved, equipped, and/or furnished as part of the Project shall be leased, sold,
exchanged, disposed of, hypothecated, mortgaged or encumbered without the prior written
approval of the Executive Director.  In the event that such asset or property is leased, sold,
exchanged, disposed of, hypothecated, mortgaged or encumbered without the prior written
approval of the Executive Director, the Commission may assert its interest in the asset or
property to recover the Commission’s share of the value of such asset or property and/or recover
from the Grantee and/or the Company, unless otherwise prohibited by law.
Grantee and/or the Company hereby pledges, delivers and assigns to the Commission a
security interest in all property purchased with the Grant. Upon the request of the Commission,
Grantee and/or the Company will execute, provide and sign all documents necessary to establish
and/or perfect Commission’s security interest in such property, including deeds of trust,
supplemental deeds of trust, amendments or modifications thereto, financing statements,
continuation statements or other instruments and documents which may be reasonably required
from time to time.

Press Releases.  The Company and the Grantee each agree that it shall not issue any

press releases or other public statements regarding the Grant without the prior written consent of
the Commission.

Future Funding.  The Grant provided pursuant to this Agreement shall not be

deemed to be an actual or implied promise of the Commission to fund the Project except as
provided for herein. No representation by the Commission, or its members, employees or agents,
shall be binding unless set forth in writing and signed by the Executive Director. In addition to
the other remedies provided by law or in this Agreement, if the Company or Grantee fails to
comply with the terms of this Agreement, the Project shall not be entitled to additional funding
by the Commission.

Entire Agreement.  To the extent there are inconsistencies between this Agreement

and its supporting documents, including the Application and the exhibits attached hereto, this
Agreement shall control.  This Agreement expresses the entire understanding and all agreements
between the Commission, the Company and the Grantee and may not be modified except in a
writing signed by the Commission, the Company and the Grantee.

Governing Law; Jurisdiction; Venue.  This Agreement shall be governed by the

applicable laws of the Commonwealth. The venue of any judicial action shall be in the Circuit
Court of the City of Richmond, Virginia, and such litigation shall only be brought in such court.
Lonzo Lester
Highlight
(©) determine that the Grantee and/or Company is ineligible to receive future
grant funding through the Commission;
(4) withhold any and all disbursements requested by the Grantee from the
Commission under any other grant approved by the Commission; and/or
© take such judicial action as is necessary to collect any amounts owed,
including legal action for breach of this Agreement.
16,
In the event that such asset or property is leased, sold,
exchanged, disposed of, hypothecated, mortgaged or encumbered without the prior written
approval of the Executive Director, the Commission may assert its interest in the asset or
property to recover the Commission’ share of the value of such asset or property and/or recover
from the Grantee and/or the Company, unless otherwise prohibited by law.
Grantee and/or the Company hereby pledges, delivers and assigns to the Commission a
security interest in all property purchased with the Grant. Upon the request of the Commission,
Grantee and/or the Company will execute, provide and sign all documents necessary to establish
and/or perfect Commission’s security interest in such property, including deeds of trust,
supplemental deeds of trust, amendments or modifications thereto, financing statements,
continuation statements or other instruments and documents which may be reasonably required
from time to time.


Press Releases. The Company and the Grantee each agree that it shall not issue any
press releases or other public statements regarding the Grant without the prior written consent of
the Commission.


Future Funding. The Grant provided pursuant to this Agreement shall not be
deemed to be an actual or implied promise of the Commission to fund the Project except as
provided for herein. No representation by the Commission, or its members, employees or agents,
shall be binding unless set forth in writing and signed by the Executive Director. In addition to
the other remedies provided by law or in this Agreement, if the Company or Grantee fails to
comply with the terms of this Agreement, the Project shall not be entitled to additional funding
by the Commission.


Entire Agreement. To the extent there are inconsistencies between this Agreement
and its supporting documents, including the Application and the exhibits attached hereto, this
Agreement shall control. This Agreement expresses the entire understanding and all agreements
between the Commission, the Company and the Grantee and may not be modified except in a
writing signed by the Commission, the Company and the Grantee.


Governing Law; Jurisdiction; Venue. This Agreement shall be governed by the
applicable laws of the Commonwealth. The venue of any judicial action shall be in the Circuit
Court of the City of Richmond, Virginia, and such litigation shall only be brought in such court.


‘Tobacco Region Revitalization Commission Page 9
Tobacco Region Revitalization Commission                     Page 10

Limitation of Commission’s Liability.  Nothing herein shall be deemed to be a

covenant, agreement or obligation of a present or future member of the Commission or of an
employee or agent of the Commission.  No member, employee or agent of the Commission shall
incur any personal liability with respect to any action taken by him or her pursuant to this
Agreement.

Severability.  If any provision of this Agreement shall be held invalid by any court

of competent jurisdiction, such holding shall not invalidate any other provision hereof.

Public Documents.  Unless specifically exempted pursuant to the Virginia Freedom

of Information Act (Virginia Code Section 2.2-3700 et seq., as amended), all reports, documents,
financial data and other information provided to the Commission shall be public records.

Notices.  Unless otherwise provided for herein, all notices, approvals, consents,

correspondence and other communications pursuant to this Agreement shall be in writing and
shall be deemed received upon receipt or refusal after mailing of the same in the United States
Mail by certified mail, postage fully pre-paid or by overnight courier (refusal shall mean return
of certified mail or overnight courier package not accepted by the addressee) to (a) the
Commission at 701 East Franklin Street, Suite 501, Richmond, Virginia 23219, Attention:
Executive Director, (b) the Grantee at the address set forth below, or © the Company at the
address set forth below.

Conditional Funding.  In the event that disbursement of Grant funds is contingent

upon the happening of an event or events described herein that have not yet occurred as of the
Award Date, the Commission may withdraw the Grant if such event or events have not been
substantiated with appropriate documentation satisfactory to the Commission within twelve (12)
months of the Award Date. This Agreement is subject to the availability of Commission funds.
If such funds become unavailable and the Commission is unable to obtain sufficient funds, this
Agreement shall be amended or terminated, as appropriate.

Expiration.  Thirty-six (36) months after the date on which the Grant is approved,

the Grant shall be automatically rescinded with respect to all funds not yet disbursed by the
Commission, unless an extension is granted in writing by the Commission. Any Grant funds
disbursed but not spent on the approved Project at the end of the 36-month period will be
returned to the Commission.

Assignment.  Neither this Agreement nor any rights under this Agreement may be

assigned, by operation of law or otherwise, by the Company or the Grantee without the prior
written consent of the other parties hereto.  The provisions of this Agreement shall bind and
inure to the benefit of the parties and their respective successors and permitted assigns.

Survival.  The rights and remedies available to the Commission shall survive any

expiration or termination of this Agreement.

Counterparts.  This Agreement may be executed in counterparts, each of which

shall be an original, and all of which together shall constitute but one and the same instrument.


Limitation of Commission’s Liability. Nothing herein shall be deemed to be a
covenant, agreement or obligation of a present or future member of the Commission or of an
employee or agent of the Commission. No member, employee or agent of the Commission shall
incur any personal liability with respect to any action taken by him or her pursuant to this
Agreement.


Severability. If any provision of this Agreement shall be held invalid by any court
of competent jurisdiction, such holding shall not invalidate any other provision hereof.


Public Documents. Unless specifically exempted pursuant to the Virginia Freedom
of Information Act (Virginia Code Section 2.2-3700 et seq., as amended), all reports, documents,
financial data and other information provided to the Commission shall be public records.


Notices. Unless otherwise provided for herein, all notices, approvals, consents,
correspondence and other communications pursuant to this Agreement shall be in writing and
shall be deemed received upon receipt or refusal after mailing of the same in the United States
Mail by certified mail, postage fully pre-paid or by overnight courier (refusal shall mean return
of certified mail or overnight courier package not accepted by the addressee) to (a) the
Commission at 701 East Franklin Street, Suite 501, Richmond, Virginia 23219, Attention:
Executive Director, (b) the Grantee at the address set forth below, or © the Company at the
address set forth below.


Conditional Funding. In the event that disbursement of Grant funds is contingent
upon the happening of an event or events described herein that have not yet occurred as of the
Award Date, the Commission may withdraw the Grant if such event or events have not been
substantiated with appropriate documentation satisfactory to the Commission within twelve (12)
months of the Award Date, This Agreement is subject to the availability of Commission funds.
If such funds become unavailable and the Commission is unable to obtain sufficient funds, this
Agreement shall be amended or terminated, as appropriate.


Expiration. Thirty-six (36) months after the date on which the Grant is approved,
the Grant shall be automatically rescinded with respect to all funds not yet disbursed by the
Commission, unless an extension is granted in writing by the Commission. Any Grant funds
disbursed but not spent on the approved Project at the end of the 36-month period will be
returned to the Commission.


Assignment. Neither this Agreement nor any rights under this Agreement may be
assigned, by operation of law or otherwise, by the Company or the Grantee without the prior
written consent of the other parties hereto. The provisions of this Agreement shall bind and
inure to the benefit of the parties and their respective successors and permitted assigns.


Survival. The rights and remedies available to the Commission shall survive any
expiration or termination of this Agreement.


Counterparts. ‘This Agreement may be executed in counterparts, each of which
shall be an original, and all of which together shall constitute but one and the same instrument.


‘Tobacco Region Revitalization Commission Page 10
Tobacco Region Revitalization Commission                     Page 11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first written above.
TOBACCO REGION REVITALIZATION COMMISSION, a body corporate and
political subdivision of the Commonwealth of Virginia
Signature of Executive Director:
Printed Name of Executive Director:   Evan Feinman
Date:
Grantee Information
RUSSELL COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Signature of Grantee’s Chief Executive: _________________________________________
Printed Name of Grantee’s Chief Executive: ______________________________________
Date: ______________________
Address_____________________________________________________________________
Phone #______________________  e-mail_________________________________________
Company
Company Name:_____________________________________________
Signature of Company’s Chief Executive: _____________________________________
Printed Name of Company’s Chief Executive: _________________________________
Date: ______________________
Address_____________________________________________________________________
Phone #______________________  e-mail_________________________________________
Federal ID #______________________
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first written above,
Signature of Executive Director:
Printed Name of Executive Director: Evan Feinman
Date:
Signature of Grantee’s Chief Executive:
Printed Name of Grantee’s Chief Executive:
Date:
Address
Phone #. e-mail,
Company Name:
Signature of Company’s Chief Executive:
Printed Name of Company’s Chief Executive:
Date:
Address
Phone # e-mail,
Federal ID #
‘Tobacco Region Revitalization Commission Page 11
Tobacco Region Revitalization Commission                     Page 12
Locality Information
RUSSELL COUNTY, VIRGINIA
Signature of Locality’s Chief Executive: _________________________________________
Printed Name of Locality’s Chief Executive: ______________________________________
Date: ______________________
Address_____________________________________________________________________
Phone #______________________  e-mail_________________________________________
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Printed Name of Locality’s Chief Executive:
Date:
Address
Phone #. e-mail,
‘Tobacco Region Revitalization Commission Page 12
Tobacco Region Revitalization Commission                     Page 13
Exhibit A
Project Description
The Grantee will use the Grant to induce the Company to locate taxable assets and employ
person in the Locality.
The Grantee will tender the Grant to the Company for its use and benefit, provided the Company
achieves certain goals relating to employment, salary and construction or location of taxable
assets in the Locality.  The Company’s employment, salary and taxable asset obligations
(“Performance Obligations”) are described in Sections 3 and 4 of this Agreement.  In order for
the Grantee to fully earn the Grant, the Company shall meet the Performance Obligations within
36 months of the Award Date.
The Company will utilize the Grant to purchase hemp processing and related equipment
including distillation equipment, isolation equipment, high-performance grow lights, mechanized
drying equipment and refining equipment (the “Equipment”).  The Equipment shall consist of the
following:
Shimadzu HPLC
Colorado Extraction
System Spray Vap
Biotage Flash Chromotography
The Company will use the Equipment to increase hemp processing capacity and product lines,
greenhouse production and harvesting efficiency which will result in new employment and
taxable assets in the Locality. The Company shall purchase the Equipment and shall submit
eligible reimbursable expense requests to the Grantee who shall then submit to the Commission
for review and approval in accordance with the Agreement.
Project Description
The Grantee will use the Grant to induce the Company to locate taxable assets and employ
person in the Locality.
The Grantee will tender the Grant to the Company for its use and benefit, provided the Company
achieves certain goals relating to employment, salary and construction or location of taxable
assets in the Locality. The Company’s employment, salary and taxable asset obligations
(“Performance Obligations”) are described in Sections 3 and 4 of this Agreement. In order for
the Grantee to fully earn the Grant, the Company shall meet the Performance Obligations within
36 months of the Award Date.
The Company will utilize the Grant to purchase hemp processing and related equipment
including distillation equipment, isolation equipment, high-performance grow lights, mechanized
drying equipment and refining equipment (the “Equipment”). The Equipment shall consist of the
following:
Shimadzu HPLC
Colorado Extraction
System Spray Vap
Biotage Flash Chromotography
The Company will use the Equipment to increase hemp processing capacity and product lines,
greenhouse production and harvesting efficiency which will result in new employment and
taxable assets in the Locality. The Company shall purchase the Equipment and shall submit
eligible reimbursable expense requests to the Grantee who shall then submit to the Commission
for review and approval in accordance with the Agreement.
‘Tobacco Region Revitalization Commission Page 13
Tobacco Region Revitalization Commission                     Page 14
Exhibit B
Project Budget
The Budget Worksheet is available as a separate attachment.
See Attached.
Project Budget
‘The Budget Worksheet is available as a separate attachment.
See Attached.
‘Tobacco Region Revitalization Commission Page 14
Tobacco Region Revitalization Commission                     Page 15
Exhibit C
Grantee Certification
The RUSSELL COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY (the
“Grantee”) hereby certifies that (a) it unconditionally guarantees the Company’s performance
under and pursuant to the Performance Agreement (this “Agreement”) dated as of May 18, 2020,
by and among the TOBACCO REGION REVITALIZATION COMMISSION, a body corporate
and political subdivision of the Commonwealth of Virginia (the “Commission”), the Grantee,
and Clinch River Hemp Company, a Virginia limited liability company (the “Company”), and
(b) it holds collateral security from the Company sufficient to provide a secondary source of
repayment in the event that the Company cannot or will not repay the unearned portion of the
Grant (as defined in the Agreement) to the Commission. Such collateral security is described as
follows:



_____________________________________________________________________________.
The Grantee hereby acknowledges that the sufficiency of the collateral security for the
Grant is the sole responsibility of the Grantee.
GRANTEE
By:________________________________
Title:_______________________________
Date:_______________________________
Exhibit C
Grantee Certification
The RUSSELL COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY (the
“Grantee”) hereby certifies that (a) it unconditionally guarantees the Company’s performance
under and pursuant to the Performance Agreement (this “Agreement”) dated as of May 18, 2020,
by and among the TOBACCO REGION REVITALIZATION COMMISSION, a body corporate
and political subdivision of the Commonwealth of Virginia (the Commission”), the Grantee,
and Clinch River Hemp Company, a Virginia limited liability company (the “Company”), and
(b) it holds collateral security from the Company sufficient to provide a secondary source of
repayment in the event that the Company cannot or will not repay the uneamed portion of the
Grant (as defined in the Agreement) to the Commission. Such collateral security is described as
follows:
The Grantee hereby acknowledges that the sufficiency of the collateral security for the
Grant is the sole responsibility of the Grantee.
GRANTEE
By:
Title:
Date:
‘Tobacco Region Revitalization Commission Page 15
Tobacco Region Revitalization Commission                     Page 16
Exhibit D
Revenue Sharing Addendum
RUSSELL COUNTY, VIRGINIA (the “Locality”), a political subdivision of the
Commonwealth, hereby guarantees to pay the TOBACCO REGION REVITALIZATION
COMMISSION, a body corporate and political subdivision of the Commonwealth of Virginia
(the “Commission”), an amount equal to 5% of annual net new taxes collected by the Grant
described in the Grant Agreement (this “Agreement”) dated as of May 18, 2020, by and among
the Grantee, the Commission, the Locality and Clinch River Hemp Company, a Virginia limited
liability company (the “Company”).   The total amount of Local tax revenue provided to the
Commission shall not exceed 105% of the Grant amount.
“Local tax revenue” means the amount of taxes assessed by the Locality to the Company
under Title 58.1, Subtitle III of the Code of Virginia, including, but not limited to, real property
taxes, business and occupational license taxes, machinery and tools taxes, and tangible personal
property taxes.
“Generated by the Grant” means local taxes assessed on taxable property (personal and
real) and activities built and/or generated by the Company in performance of its obligations in
Section 4 of the Agreement. For new Companies, this shall be determined to be all applicable
taxes generated by the Company.  For expansions of existing Companies, this shall be all
additional taxes above the tax year prior to the base year of this grant.
The amount of payment shall be calculated based on annual assessments (“the
Assessment”) as issued to the Company by the Commissioner of the Revenue for Russell
County.  Subsequent appeals or revised assessments shall be taken into consideration solely at
the discretion of the Commission.
The payment obligation of the Locality under this Addendum is contingent upon receipt
of tax payments by the Company.
The first payment is due and shall be made to the Commission within thirty (30)
days of the due date found on the Company’s tax assessment after the agreements are
signed.  Extensions to this date may be made at the sole discretion of the Commission.
In the event of a repayment obligation pursuant to Section 7 of the Agreement, any
payments by the Locality to the Commission under this Addendum shall be credited to the
Grantee.
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Lonzo Lester
Highlight
Exhibit D
a body corporate and political subdivision of the Commonwealth of Virginia
e
4
g
2
2
S
8
For expansions of existing Companies, this shall be all
additional taxes above the tax year prior to the base year of this grant.
one
g
Zz
£
&
2
5
3
sae
8
g
a
¢
Age
3
z
2
B
zi
&
g
g
8
|
z
&
B
g
&
2
the discretion of the Commission.
2
a
é
g
i
a
S
e
a
E
&
z
a
&
e
g
g
5
&
g
g
g
2
2
z
Qa
g
z
Es
i}
Pp
In the event of a repayment obligation pursuant to Section 7 of the Agreement, any
payments by the Locality to the Commission under this Addendum shall be credited to the
Grantee.
‘Tobacco Region Revitalization Commission Page 16
Tobacco Region Revitalization Commission                     Page 17
Exhibit D cont.
The Company hereby expressly grants its consent for the Commissioner of the Revenue
for Russell County to release to the Commission records of all local tax assessments made to the
Company for all tax periods including and beginning after May 18, 2020.
TOBACCO REGION REVITALIZATION
COMMISSION
By:_________________________________
    Evan Feinman, Executive Director 

Date:_______________________________
  GRANTEE 

By:_________________________________
Title:_______________________________
Date:_______________________________
COMPANY
By:_________________________________
Title:_______________________________
Date:_______________________________
LOCALITY
By:_________________________________
Title:_______________________________
Date:_______________________________
Exhibit D cont.
‘The Company hereby expressly grants its consent for the Commissioner of the Revenue
for Russell County to release to the Commission records of all local tax assessments made to the
‘Company for all tax periods including and beginning after May 18, 2020.
TOBACCO REGION REVITALIZATION
COMMISSION
By:
Evan Feinman, Executive Director
Date:
GRANTEE
By:
Title:
Date:
COMPANY
LOCALITY
By:
Title:
Date:
‘Tobacco Region Revitalization Commission Page 17
Emergency Ordinance to Allow for the Continuity of Government Operations During the
Pandemic, including Altering the Process for Conducting Public Meetings; Restricting the
Use of Public Buildings or Facilities; Providing Additional Powers to the Director of
Emergency Management to Incur Costs, Waive Procedures, and Take Other Temporary
Actions; and Suspending Deadlines and Procedures
WHEREAS, on January 31, 2020, the U.S. Secretary of Health and Human Services
declared a public health emergency in response to the spread of the novel coronavirus (COVID-
19); and
WHEREAS, on March 12, 2020, the Governor, in Executive Order Fifty-One, declared a
state of emergency in the Commonwealth of Virginia, acknowledging the spread of COVID-19 as
a disaster as defined in Virginia Code § 44-146.16; and
WHEREAS, Executive Order Fifty-One authorized local governments to render
appropriate assistance and to alleviate conditions, as appropriate, to prepare for and mitigate the
effects of the virus; and
WHEREAS, on March 13, 2020, the President of the United States found and declared the
outbreak of COVID-19 to constitute a national emergency, beginning March 1, 2020; and
WHEREAS, on March 17 and 23, the Governor requested and then directed Virginians to
avoid non-essential gatherings of more than 10 people; and
WHEREAS, the Russell County Board of Supervisors held a special called meeting on
March 17, 2020 Board determined that COVID-19 constituted a “disaster” as contemplated in
section 15.2-1413 of the Code of Virginia of 1950, as amended and pursuant to Virginia Code §
44-146.21, declared a local state of emergency in Russell County; and
WHEREAS, the Board of Supervisors has determined that COVID-19 constitutes a
communicable disease of public health threat which has caused a disaster as those terms are
defined in Virginia Code § 44-146.16; and
WHEREAS, while the Board of Supervisors values transparency in government and
public engagement, it also finds that emergency measures are necessary to mitigate the spread of
COVID-19 and to protect the health, safety, and welfare of residents and employees, while still
providing for government operations to continue during this state of emergency; and
WHEREAS, Virginia Code § 15.2-1413 provides that the Board of Supervisors,
notwithstanding any contrary provision of law, may adopt an ordinance to assure the continuity of
government operations during this disaster and for up to six months; and.
WHEREAS, Virginia Code § 44-146.21 further provides that a local director of
emergency management or any member of a governing body in his absence may upon the
declaration of a local emergency proceed without regard to time-consuming procedures and
formalities prescribed by law, except for mandatory constitutional requirements; and
Lonzo Lester
Highlight
WHEREAS, on January 31, 2020, the U.S. Secretary of Health and Human Services
declared a public health emergency in response to the spread of the novel coronavirus (COVID-
19); and
WHEREAS, on March 12, 2020, the Governor, in Executive Order Fifty-One, declared a
state of emergency in the Commonwealth of Virginia, acknowledging the spread of COVID-19 as
a disaster as defined in Virginia Code § 44-146.16; and
WHEREAS, Executive Order Fifty-One authorized local governments to render
appropriate assistance and to alleviate conditions, as appropriate, to prepare for and mitigate the
effects of the virus; and
WHEREAS, on March 13, 2020, the President of the United States found and declared the
outbreak of COVID-19 to constitute a national emergency, beginning March 1, 2020; and
WHEREAS, on March 17 and 23, the Governor requested and then directed Virginians to
avoid non-essential gatherings of more than 10 people; and
WHEREAS, the Russell County Board of Supervisors held a special called meeting on
March 17, 2020 Board determined that COVID-19 constituted a “disaster” as contemplated in
section 15.2-1413 of the Code of Virginia of 1950, as amended and pursuant to Virginia Code §
44-146.21, declared a local state of emergency in Russell County; and
WHEREAS, the Board of Supervisors has determined that COVID-19 constitutes a
communicable disease of public health threat which has caused a disaster as those terms are
defined in Virginia Code § 44-146.16; and
WHEREAS, while the Board of Supervisors values transparency in government and
public engagement, it also finds that emergency measures are necessary to mitigate the spread of
COVID-19 and to protect the health, safety, and welfare of residents and employees, while still
providing for government operations to continue during this state of emergency; and
WHEREAS, Virginia Code § 15.2-1413 provides that the Board of Supervisors,
notwithstanding any contrary provision of law, may adopt an ordinance to assure the continuity of
government operations during this disaster and for up to six months; and
WHEREAS, Virginia Code § 44-146.21 further provides that a local director of
emergency management or any member of a governing body in his absence may upon the
declaration of a local emergency proceed without regard to time-consuming procedures and
formalities prescribed by law, except for mandatory constitutional requirements; and
WHEREAS, Virginia Code § 15.2-1200 provides the county with authority to adopt
necessary regulations to prevent the spread of contagious diseases among its residents; and
WHEREAS, the Board of Supervisors also has the inherent authority to vary the county’s
policies, procedures, and practices to assure the continuity of government operations; and
WHEREAS, government operations includes the work of the Board of Supervisors and
other local public bodies, and the personnel who work for or on behalf of local public bodies; and
WHEREAS, Virginia Code § 2.2-3708.2(A)(3) allows, under certain procedural
requirements including public notice and access, that members of the Board of Superviosrs may
convene solely by electronic mean “to address the emergency;” And
WHEREAS, the open public meeting requirements of the Virginia Freedom of
Information Act (“FOIA”) are limited only by a properly claimed exemption provided under that
Act or “any other statute;” and
WHEREAS, the Attorney General of Virginia issued an opinion dated March 20, 2020
stating that localities have the authority during disasters to adopt ordinances to ensure the
continuity of the government; and
WHEREAS, this emergency ordinance in response to the disaster caused by the COVID-
19 pandemic promotes the public health, safety, and welfare, and its adoption is consistent with
the law of the Commonwealth of Virginia, the Virginia Constitution and the United States
Constitution.
NOW, THEREFORE, BE IT ORDAINED, that this uncodified ordinance is hereby
enacted as follows:
An Emergency Ordinance Allowing for the Continuity of Government Operations During
the Pandemic
Sec. 1.  Purpose; Effective Date; Expiration
This ordinance allows for variances from state laws and county ordinances in order to
protect the health, safety, and welfare of residents and employees from the spread of COVID-19
while still providing for government operations to continue during this state of emergency.
The operation of government includes management of all county facilities, management of
the school system, and the work of all local boards, including the Board of Supervisors, the Russell
County School Board, the Russell County Industrial Development Authority, the Russell County
Public Service Authority, the Russell County Department of Social Services, and any other local
or regional board, commission, committee, or authority created by the board of supervisors or to
which the board of supervisors appoints or recommends for appointment all or a portion of its
members (collectively “Public Bodies” and individually “Public Body”), including employees
WHEREAS, Virginia Code § 15.2-1200 provides the county with authority to adopt
necessary regulations to prevent the spread of contagious diseases among its residents; and
WHEREAS, the Board of Supervisors also has the inherent authority to vary the county’s
policies, procedures, and practices to assure the continuity of government operations; and
WHEREAS, government operations includes the work of the Board of Supervisors and
other local public bodies, and the personnel who work for or on behalf of local public bodies; and
WHEREAS, Virginia Code § 2.2-3708.2(A)(3) allows, under certain procedural
requirements including public notice and access, that members of the Board of Superviosts may
convene solely by electronic mean “to address the emergency;” And
WHEREAS, the open public meeting requirements of the Virginia Freedom of
Information Act (“FOIA”) are limited only by a properly claimed exemption provided under that
Act or “any other statute;” and
WHEREAS, the Attorney General of Virginia issued an opinion dated March 20, 2020
stating that localities have the authority during disasters to adopt ordinances to ensure the
continuity of the government; and
WHEREAS, this emergency ordinance in response to the disaster caused by the COVID-
19 pandemic promotes the public health, safety, and welfare, and its adoption is consistent with
the law of the Commonwealth of Virginia, the Virginia Constitution and the United States
Constitution,
NOW, THEREFORE, BE IT ORDAINED, that this uncodified ordinance is hereby
enacted as follows:
An Emergency Ordinance Allowing for the Continuity of Government Operations During
the Pandemic
Sec. 1. Purpose: Effective Date: Expiration
This ordinance allows for variances from state laws and county ordinances in order to
protect the health, safety, and welfare of residents and employees from the spread of COVID-19
while still providing for government operations to continue during this state of emergency.
The operation of government includes management of all county facilities, management of
the school system, and the work of all local boards, including the Board of Supervisors, the Russell
County School Board, the Russell County Industrial Development Authority, the Russell County
Public Service Authority, the Russell County Department of Social Services, and any other local
or regional board, commission, committee, or authority created by the board of supervisors or to
which the board of supervisors appoints or recommends for appointment all or a portion of its
members (collectively “Public Bodies” and individually “Public Body”), including employees
who work for or on behalf of any Public Body.  Accordingly, the provisions of this emergency
ordinance applies to all such “Public Bodies”.
At this time, public health experts recommend against assembling groups of people in
confined spaces. Accordingly, this ordinance contains modifications for public meetings which
should be followed while it is deemed unwise or unsafe to gather in one location a quorum for any
Public Bodies, or to invite members of the public to physically gather together for public meetings.
Moreover, the spread of COVID-19 may make it impossible or impractical for government
operations to meet all normally imposed deadlines, regulations, and time frames, or to comport, in
some instances, with lengthy procedures and processes such as procurement or employment
processes.
This emergency ordinance is effective immediately and will remain in effect for 60 days
unless amended, rescinded, or readopted in conformity with the notice provisions of Virginia Code
§ 15.2-1427; however, in no event will the ordinance be effective for more than six months from
the effective date of this ordinance. At the end of the six months, if a state of emergency still exists
then this ordinance may be renewed the same way it was originally enacted. Upon repeal or
expiration of this ordinance, normal government operations will resume.
Sec. 2.  Public Meetings and Public Hearings
A. Any regularly scheduled or regular meeting of any Public Body may be canceled by the
chair if there is no essential business that needs to occur or if conditions otherwise make it
impractical to meet. Notice of the cancellation must be provided to the Public Body members and
the public as soon as practicable.
B. In the alternative, any regularly scheduled or regular meeting of any Public Body may

be held by solely electronic or telephonic means without a quorum of members physically present
and without members of the public physically present, provided the following occurs:


Any such electronic meeting of the Public Entities shall be open to electronic
participation by the public and closed to in-person participation by the public. The meeting is
accessible to the public through live audio or video on the County’s or Public Body’s website, a
dial-in telephone number, or a social media platform.


The agenda and public notice for the meeting must:


a) include a statement that the meeting is being held using electronic means under this
ordinance;
b) contain specific information about how members of the public can access the
meeting; and
c) if there are any public hearing or public comment items, specifically identify how
members of the public can provide comment, including one or more of the
following: by e-mail, in writing, by telephone, through a social media platform, or
via other electronic means.
who work for or on behalf of any Public Body. Accordingly, the provisions of this emergency
ordinance applies to all such “Public Bodies”.
‘At this time, public health experts recommend against assembling groups of people in
confined spaces. Accordingly, this ordinance contains modifications for public meetings which
should be followed while it is deemed unwise or unsafe to gather in one location a quorum for any
Public Bodies, or to invite members of the public to physically gather together for public meetings.
Moreover, the spread of COVID-19 may make it impossible or impractical for government
operations to meet all normally imposed deadlines, regulations, and time frames, or to comport, in
some instances, with lengthy procedures and processes such as procurement or employment
processes.
This emergency ordinance is effective immediately and will remain in effect for 60 days
unless amended, rescinded, or readopted in conformity with the notice provisions of Virginia Code
§ 15.2-1427; however, in no event will the ordinance be effective for more than six months from
the effective date of this ordinance. At the end of the six months, ifa state of emergency still exists
then this ordinance may be renewed the same way it was originally enacted, Upon repeal or
expiration of this ordinance, normal government operations will resume.
Ses s and Public Hearings
Pul
leetii
A. Any regularly scheduled or regular meeting of any Public Body may be canceled by the
chair if there is no essential business that needs to occur or if conditions otherwise make it
impractical to meet. Notice of the cancellation must be provided to the Public Body members and
the public as soon as practicable,
B. _ Inthe alternative, any regularly scheduled or regular meeting of any Public Body may
be held by solely electronic or telephonic means without a quorum of members physically present
and without members of the public physically present, provided the following occurs:


Any such electronic meeting of the Public Entities shall be open to electronic
participation by the public and closed to in-person participation by the public. The meeting is
accessible to the public through live audio or video on the County’s or Public Body’s website, a
dial-in telephone number, or a social media platform.


The agenda and public notice for the meeting must:


a) include a statement that the meeting is being held using electronic means under this,
ordinance;
b) contain specific information about how members of the public can access the
meeting; and
©) if there are any public hearing or public comment items, specifically identify how
members of the public can provide comment, including one or more of the
following: by e-mail, in writing, by telephone, through a social media platform, or
via other electronic means.


The agenda is posted on the County’s or Public Body’s website at least three days prior
to the meeting.  Other materials associated with the meeting, if any, must be made available to the
public at the same time they are provided to the Public Body members.


For public hearings and any items for which public comment is permitted, the following
rules apply:


a) Normal rules of order apply with respect to requiring the name and home address
of the commenter, that comments relate to the hearing or comment topic, that
appropriate limits on the number of comments per person per item apply, and that
comments be of reasonable length.
b) Public Bodies may allow public comments to be submitted via phone call, e-mail,
or in writing, up until a reasonable time before the start of the meeting so long as
those comments are provided to the Public Body members prior to any decision on
an item.
c) If available, members of the public may provide comments through leaving a
voicemail on a dedicated phone number up until a reasonable time before the start
of the meeting so long as those comments are then provided to the Public Body
members prior to any decision on an item.
d) If available, members of the public may provide comments through telephonic or
interactive electronic means (call-in meeting access, social media platform) during
the meeting so long as those comments are received by or provided to the Public
Body members prior to any decision on an item.
e) The Public Body may choose to receive additional comments through any means
for a period of time after the public hearing or public meeting, so long as it
announces and publicizes that opportunity and those comments are provided to the
Public Body members prior to any decision on an item.
f) All public comments must be made a part of the record of the Public Body either by
being summarized in or included with the meeting minutes.


Any votes taken during the meeting must be taken by roll call, individually recording
each member’s name and vote.


The minutes of any meeting under this ordinance must conform to the requirements of
law, including identifying the forms of electronic communication used, the members participating
and the means by which they participated, the opportunities for public access or participation, a
summary of the public comments, if any, and the actions taken at the meeting. The Public Entities
may approve minutes of an electronic meeting at a subsequent electronic meeting and shall later
approve all such minutes at a regular or special meeting after the emergency and disaster has ended.


C. Public Bodies may hold special meetings consistent with the provisions in (B) except that
notice of the special meeting need only be provided at least three working days prior to the meeting,
and the agenda and associated materials, if any, need to be made available to the public at the same
time as they are made available to the Public Body members.


The agenda is posted on the County’s or Public Body’s website at least three days prior
tothe meeting. Other materials associated with the meeting, if any, must be made available to the
public at the same time they are provided to the Public Body members.


For public hearings and any items for which public comment is permitted, the following
rules apply:


a) Normal rules of order apply with respect to requiring the name and home address
of the commenter, that comments relate to the hearing or comment topic, that
appropriate limits on the number of comments per person per item apply, and that
comments be of reasonable length.
b) Public Bodies may allow public comments to be submitted via phone call, e-mail,
or in writing, up until a reasonable time before the start of the meeting so long as
those comments are provided to the Public Body members prior to any decision on
an item,
©) If available, members of the public may provide comments through leaving a
voicemail on a dedicated phone number up until a reasonable time before the start
of the meeting so long as those comments are then provided to the Public Body
members prior to any decision on an item.
d) If available, members of the public may provide comments through telephonic or
interactive electronic means (call-in meeting access, social media platform) during
the meeting so long as those comments are received by or provided to the Public
Body members prior to any decision on an item,
e) The Public Body may choose to receive additional comments through any means
for a period of time after the public hearing or public meeting, so long as it
announces and publicizes that opportunity and those comments are provided to the
Public Body members prior to any decision on an item,
f) All public comments must be made a part of the record of the Public Body either by
being summarized in or included with the meeting minutes.


Any votes taken during the meeting must be taken by roll call, individually recording
each member’s name and vote.


The minutes of any meeting under this ordinance must conform to the requirements of
law, including identifying the forms of electronic communication used, the members participating
and the means by which they participated, the opportunities for public access or participation, a
summary of the public comments, if any, and the actions taken at the meeting. The Public Entities
may approve minutes of an electronic meeting at a subsequent electronic meeting and shall later
approve all such minutes at a regular or special meeting after the emergency and disaster has ended.


C. Public Bodies may hold special meetings consistent with the provisions in (B) except that
notice of the special meeting need only be provided at least three working days prior to the meeting,
and the agenda and associated materials, if any, need to be made available to the public at the same
time as they are made available to the Public Body members.
D. Public Bodies may hold emergency meetings consistent with Virginia Code § 2.2-3708.
E. Any item on an agenda for a regularly scheduled, regular, special, or emergency meeting
held hereunder may be continued to a later date or time for the purpose of reviewing and
considering comments from the public.
F. Non-emergency public hearings and action items of Public Bodies may be postponed to a
date certain provided that public notice is given so that the public are aware of how and when to
present their views.
G. Nothing in this Emergency Ordinance shall prohibit Public Bodies from holding in-
person public meetings provided that public health and safety measures as well as social
distancing are taken into consideration.
Sec. 3.  Public Buildings, Facilities, Real Property and Events
The director of emergency management is empowered to restrict members of the public
from entering or congregating around county-owned buildings, facilities, and real property as is
reasonably necessary to ensure the health, safety, and welfare of the public or county staff.
Moreover, the director of emergency management may cancel, postpone, or reschedule any events
scheduled for any county-owned building, facility or property as necessary to ensure the health,
safety, and welfare of the public or county staff.
Sec. 4.  Additional powers of director of emergency management
A. Funding and Contracts. To the extent of unobligated funds available in excess of
appropriations in the approved budget, the director of emergency management may enter into
contracts and incur obligations necessary to protect the health and safety of persons and property,
and to provide emergency assistance to persons affected by this disaster.
B. Procedures. The director of emergency management may proceed without regard to time-
consuming procedures and formalities prescribed by law (except mandatory constitutional
requirements) pertaining to the performance of public work, entering into contracts, incurring
obligations, employing workers, renting equipment, purchasing supplies and materials, and other
expenditures of public funds.
C. Other Temporary Actions. The director of emergency management may temporarily take
any of the following actions: waive or reduce fees imposed by county ordinance; waive
enforcement, in whole or in part, of any county ordinance; and modify, limit, waive, suspend, or
amend any county program, service, function, process, or procedure. The director must apply the
action uniformly for similar situations and not on a case-by-case basis. The director’s actions will
only be effective until the next regular meeting of the board of supervisors. The board of
supervisors may ratify and extend the time for which the director’s action remains in effect.
D. Public Bodies may hold emergency meetings consistent with Virginia Code § 2.2-3708.
E. Any item on an agenda for a regularly scheduled, regular, special, or emergency meeting
held hereunder may be continued to a later date or time for the purpose of reviewing and
considering comments from the public.
F. Non-emergency public hearings and action items of Public Bodies may be postponed to a
date certain provided that public notice is given so that the public are aware of how and when to
present their views.
G. Nothing in this Emergency Ordinance shall prohibit Public Bodies from holding in-
person public meetings provided that public health and safety measures as well as social
distancing are taken into consideration.
Sec. 3. Public Buildings, Facilities, Real Property and Events
The director of emergency management is empowered to restrict members of the public
from entering or congregating around county-owned buildings, facilities, and real property as is
reasonably necessary to ensure the health, safety, and welfare of the public or county staff.
Moreover, the director of emergency management may cancel, postpone, or reschedule any events
scheduled for any county-owned building, facility or property as necessary to ensure the health,
safety, and welfare of the public or county staff.
Sec. 4._Additional powers of director of emergency management
‘A. Funding and Contracts. To the extent of unobligated funds available in excess of
appropriations in the approved budget, the director of emergency management may enter into
contracts and incur obligations necessary to protect the health and safety of persons and property,
and to provide emergency assistance to persons affected by this disaster.
B. Procedures. The director of emergency management may proceed without regard to time-
consuming procedures and formalities prescribed by law (except mandatory constitutional
requirements) pertaining to the performance of public work, entering into contracts, incurring
obligations, employing workers, renting equipment, purchasing supplies and materials, and other
expenditures of public funds,
©. Other Temporary Actions. The director of emergency management may temporarily take
any of the following actions: waive or reduce fees imposed by county ordinance; waive
enforcement, in whole or in part, of any county ordinance; and modify, limit, waive, suspend, or
amend any county program, service, function, process, or procedure. The director must apply the
action uniformly for similar situations and not on a case-by-case basis. The director’s actions will
only be effective until the next regular meeting of the board of supervisors. The board of
supervisors may ratify and extend the time for which the director’s action remains in effect.
Sec. 5.  Suspension of Deadlines, Time Frames, and Procedures
County personnel are encouraged to take action as is practical and appropriate to meet
deadlines or time frames established under state law or county ordinances, however,
notwithstanding any provision of law, regulation, or policy to the contrary, any deadlines requiring
action by the county, any Public Body, or county employees are suspended. Time frames for
review or expedited reviews are also suspended. Failure to meet any deadline or time frame will
not constitute a default, violation, approval, ratification, or recommendation. Any policies or
procedures inconsistent with this ordinance are hereby suspended.
Sec. 6 Adoption by Incorporated Towns within the Boundaries of Russell County
Each incorporated town within the boundaries of Russell County are encouraged,
authorized and/or directed to declare its own state of local emergency and disaster or incorporate
by reference the County’s local state of emergency and disaster and to adopt an ordinance for the
continuity of town government.
Sec. 7 Validity and Duration of Ordinance and Resumption of Normal Governmental
Authority
The provisions herein are presumptively valid, however in the event that any provision of
this ordinance is declared to be invalid by a court of competent jurisdiction all remaining
provisions shall not be invalidated and remain in full force and effect. The provisions of this
Emergency Ordinance shall remain in full force and effect for a period of 60 days, unless amended,
rescinded or readopted by the Russell County Board of Supervisors in conformity with the notice
provisions set forth in Virginia Code §15.2-1427 but in no event shall such ordinance be effective
for more than 6 months after the conclusion of the disaster.  Upon rescission by the Russell
County Board of Supervisors or automatic expiration as described herein, this emergency
ordinance shall terminate and normal practices and procedures of government shall resume.

This ordinance shall be effective upon adoption.

ADOPTED by the Russell County Board of Supervisors.
    APPROVED 


    ______________________________ 
    Rebecca Dye 
    Chairperson    

Sec. 5._ Suspension of Deadlines, Time Frames, and Procedures
County personnel are encouraged to take action as is practical and appropriate to meet
deadlines or time frames established under state law or county ordinances, however,
notwithstanding any provision of law, regulation, or policy to the contrary, any deadlines requiring
action by the county, any Public Body, or county employees are suspended. Time frames for
review or expedited reviews are also suspended. Failure to meet any deadline or time frame will
not constitute a default, violation, approval, ratification, or recommendation. Any policies or
procedures inconsistent with this ordinance are hereby suspended.
Sec. 6 Adoption by Incorporated Towns within the Boundaries of Russell County
Each incorporated town within the boundaries of Russell County are encouraged,
authorized and/or directed to declare its own state of local emergency and disaster or incorporate
by reference the County’s local state of emergency and disaster and to adopt an ordinance for the
continuity of town government.
Sec. 7_ Validity and Duration of Ordinance and Resumption of Normal Governmental
Authority
The provisions herein are presumptively valid, however in the event that any provision of
this ordinance is declared to be invalid by a court of competent jurisdiction all remaining
provisions shall not be invalidated and remain in full force and effect. The provisions of this
Emergency Ordinance shall remain in full force and effect for a period of 60 days, unless amended,
rescinded or readopted by the Russell County Board of Supervisors in conformity with the notice
provisions set forth in Virginia Code §15.2-1427 but in no event shall such ordinance be effective
for more than 6 months after the conclusion of the disaster. Upon rescission by the Russell
County Board of Supervisors or automatic expiration as described herein, this emergency
ordinance shall terminate and normal practices and procedures of government shall resume.

This ordinance shall be effective upon adoption,
ADOPTED by the Russell County Board of Supervisors.

APPROVED
Rebecea Dye
Chairperson
ATTEST:

Lonzo Lester
County Administrator
APPROVED AS TO FORM:

M. Katherine Patton
County Attorney
ATTEST:
Lonzo Lester
County Administrator
APPROVED AS TO FORM:
M. Katherine Patton
County Attorney
RUSSELL COUNTY, VIRGINIA
REQUEST FOR PROPOSALS (RFP)
CONCEPTUAL PHASE
DESIGN-BUILD OF COURTHOUSE RENOVATION AND EXPANSION UNDER THE VIRGINIA
PUBLIC PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT (PPEA)
Russell County, Virginia desires to contract with an experienced Private Entity under the Public
Private Education Facilities and Infrastructure Act (PPEA) for design-build services for the renovation
and expansion of the Russell County Courthouse. Issues with the existing courthouse facility that are
to be addressed include space needs and security concerns, upgrades and/or replacement of existing
building systems, inadequate restroom facilities, accessibility concerns, and adequate parking.
RFP Documents will be issued on August 12, 2020. These documents are available on Russell
County’s website at https://russellcountyva.us/. Direct inquires for information to: Curtis Elswick at
[email protected] or 540-423-2860. All responses to this solicitation shall be in strict
accordance with the requirements set forth in the Request for Proposal documents accessed through
the Russell County website. A non-mandatory Pre-Proposal Conference to include a tour of the
existing courthouse facility and site will be held at 1:30 p.m. local time, on August 27, 2020, at the
Russell County Courthouse located at 53 East Main Street in Lebanon, Virginia.
All requests for clarifications or questions regarding this request for proposal must be made in writing,
by email to [email protected] and received by 5:00 p.m., local time, September 4, 2020.
Any alteration or changes to this Request for Proposals will be made only by written addendum
issued by the County. Sealed proposals will be accepted prior to 2:00 p.m. local time, September
11, 2020. This is a private opening and only the names of firms responding will be available for
announcement. Proposals received after the stated due date and time shall not be considered.

Lonzo Lester, County Administrator
Lonzo Lester
Highlight
Russell County, Virginia desires to contract with an experienced Private Entity under the Public
Private Education Facilities and Infrastructure Act (PPEA) for design-build services for the renovation
and expansion of the Russell County Courthouse. Issues with the existing courthouse facility that are
to be addressed include space needs and security concerns, upgrades and/or replacement of existing
building systems, inadequate restroom facilities, accessibility concerns, and adequate parking.
RFP Documents will be issued on August 12, 2020. These documents are available on Russell
County’s website at https://russellcountyva.us/. Direct inquires for information to: Curtis Elswick at
[email protected] or 540-423-2860. Alll responses to this solicitation shall be in strict
accordance with the requirements set forth in the Request for Proposal documents accessed through
the Russell County website. A non-mandatory Pre-Proposal Conference to include a tour of the
existing courthouse facility and site will be held at 1:30 p.m. local time, on August 27, 2020, at the
Russell County Courthouse located at 53 East Main Street in Lebanon, Virginia.
All requests for clarifications or questions regarding this request for proposal must be made in writing,
by email to [email protected] and received by 5:00 p.m., local time, September 4, 2020.
Any alteration or changes to this Request for Proposals will be made only by written addendum
issued by the County. Sealed proposals will be accepted prior to 2:00 p.m. local time, September
11, 2020. This is a private opening and only the names of firms responding will be available for
announcement. Proposals received after the stated due date and time shall not be considered.
Lonzo Lester, County Administrator
1
RUSSELL COUNTY, VIRGINIA
REQUEST FOR PROPOSALS (RFP)
For
CONCEPTUAL PHASE
DESIGN-BUILD OF COURTHOUSE RENOVATION AND EXPANSION
UNDER THE VIRGINIA PUBLIC PRIVATE EDUCATION FACILITIES AND
INFRASTRUCTURE ACT (PPEA)
Date: August 12, 2020
CLOSING DATE:  September 11, 2020 at 2:00 pm Local Time
NON-MANDATORY PRE-PROPOSAL CONFERENCE: August 27, 2020 at 1:30 pm at the Russell County
Courthouse located at 53 East Main Street, Lebanon, Virginia.
DEADLINE FOR QUESTIONS:   September 4, 2020 at 5:00 pm Local Time.  All questions should be
submitted in writing by the deadline to the contact noted below.
The Request for Proposals (RFP) can be downloaded “free of charge” at:
https://russellcountyva.us/
NOTE:  ALL ADDENDA CAN BE ACCESSED AT THE WEBSITE ADDRESS ABOVE
For inquiries contact:
Curtis Elswick
Sr. Vice President/Regional Executive
Skanska USA Building Inc.
540-423-2860 (Phone)
[email protected]
Lonzo Lester
Highlight
RUSSELL COUNTY, VIRGINIA
Date: August 12, 2020
CLOSING DATE: September 11, 2020 at 2:00 pm Local Time
NON-MANDATORY PRE-PROPOSAL CONFERENCE: August 27, 2020 at 1:30 pm at the Russell County
Courthouse located at 53 East Main Street, Lebanon, Virginia.
DEADLINE FOR QUESTIONS: September 4, 2020 at 5:00 pm Local Time. All questions should be
submitted in writing by the deadline to the contact noted below.
The Request for Proposals (RFP) can be downloaded “free of charge” at:
https://russellcountyva.us,
NOTE: ALL ADDENDA CAN BE ACCESSED AT THE WEBSITE ADDRESS ABOVE
For inquiries contact:
Curtis Elswick
Sr. Vice President/Regional Executive
Skanska USA Building Inc.
540-423-2860 (Phone)
[email protected]
2
REQUEST FOR PROPOSALS (RFP) UNDER PPEA FOR DESIGN-BUILD OF
COURTHOUSE RENOVATION AND EXPANSION
CONCEPTUAL PHASE
Russell County, Virginia

INTRODUCTION/SUMMARY

1.1. Background:
Russell County, Virginia (herein described as ”Owner”  or ”County”) desires to contract with an
experienced Private Entity under the Public Private Education Facilities and Infrastructure Act
(herein referred to as “PPEA”) for design-build services for the Courthouse Renovation and
Expansion project (herein referred to as “Project”).  The Project is described in this Request for
Proposals document (herein referred to as ”RFP”).
The current Russell County Courthouse is a two and three-story building of roughly 44,000 SF to
include courthouse, jail, addition and miscellaneous space.  The size of the building needs to be
verified.  The original section was a two-story building constructed in 1874. Later additions include a
significant three-story jail addition to the northwest of the original section and a three-story
addition to the east.  The Courts processes approximately 24,000 cases per year and see
approximately 494 people per month on average with up to 863 cases on certain days which is a
significant concern.  Increased case load has resulted in additional judges and court dates needed
for Russell County.  In addition, the Courts are being encouraged to move away from combined
courts.
The County would like to renovate and expand the existing courthouse facility to address several
issues including:
• Space needs and security concerns as well as needed upgrades to the facility.
• Restroom facilities outside combined courtroom are inadequate.  There is only one women’s
toilet and one men’s toilet on the main floor of the courthouse.
• Additional private hearing space is needed.
• General District Court is held five days per week in one courtroom.
• There are no dedicated witness waiting rooms.  Witness waiting areas are not secure and are
shared with general waiting in the hallway outside of the courtrooms.
• There is inadequate parking.
• The alley adjacent to the courthouse is a security concern.  There is no secure parking, no sally
port, so separate stairs or elevators for judges, etc.  There is no dedicated jury parking lot and no
dedicated jury parking spaces.  Inmates/detainees from the regional jail are brought to the
courthouse via a van which is parked outside the courthouse and then escorted across the alley
into the building.  There is no secure circulation for prisoners.
• Courtrooms are generally no accessible.  There are no designated handicap/wheelchair areas in
the courtroom or jury box.  There are steps to the witness stands, judges’ benches, and court
reporter stations.  The Circuit Courtroom does not meet accessibility standards.  There is
inadequate space/furnishings, environmental controls, and technology provisions. In the
REQUEST FOR PROPOSALS (RFP) UNDER PPEA FOR DESIGN-BUILD OF
COURTHOUSE RENOVATION AND EXPANSION
CONCEPTUAL PHASE
Russell County, Vi
nia

INTRODUCTION/SUMMARY

1.1, Background:
Russell County, Virginia (herein described as “Owner” or “County”) desires to contract with an
experienced Private Entity under the Public Private Education Facilities and Infrastructure Act
(herein referred to as “PPEA”) for design-build services for the Courthouse Renovation and
Expansion project (herein referred to as “Project”). The Project is described in this Request for
Proposals document (herein referred to as "RFP”).
The current Russell County Courthouse is a two and three-story building of roughly 44,000 SF to
include courthouse, jail, addition and miscellaneous space. The size of the building needs to be
verified. The original section was a two-story building constructed in 1874. Later additions include a
significant three-story jail addition to the northwest of the original section and a three-story
addition to the east. The Courts processes approximately 24,000 cases per year and see
approximately 494 people per month on average with up to 863 cases on certain days which is a
significant concern. Increased case load has resulted in additional judges and court dates needed
for Russell County. In addition, the Courts are being encouraged to move away from combined
courts.
The County would like to renovate and expand the existing courthouse facility to address several
issues including:


Space needs and security concerns as well as needed upgrades to the facility.


Restroom facilities outside combined courtroom are inadequate. There is only one women’s
toilet and one men’s toilet on the main floor of the courthouse.


Additional private hearing space is needed.


General District Court is held five days per week in one courtroom.


There are no dedicated witness waiting rooms. Witness waiting areas are not secure and are
shared with general waiting in the hallway outside of the courtrooms.


There is inadequate parking


The alley adjacent to the courthouse is a security concern. There is no secure parking, no sally
port, so separate stairs or elevators for judges, etc. There is no dedicated jury parking lot and no
dedicated jury parking spaces. Inmates/detainees from the regional jail are brought to the
courthouse via a van which is parked outside the courthouse and then escorted across the alley
into the building. There is no secure circulation for prisoners.


Courtrooms are generally no accessible. There are no designated handicap/wheelchair areas in
the courtroom or jury box. There are steps to the witness stands, judges’ benches, and court
reporter stations. The Circuit Courtroom does not meet accessibility standards. There is
inadequate space/furnishings, environmental controls, and technology provisions. In the


3
General District Court Courtroom, all parties utilize the same entrance except for access to the
Judge’s Chambers and this courtroom does not meet accessibility standards.  As with the Circuit
Courtroom, there are inadequate space/furnishings, environmental controls, and technology
provisions.
• Front doors of courthouse remain locked as there are ADA issues (no way for someone in a
wheelchair to access the front door).
• The jail (which is a part of the courthouse building) is empty and not being used.
A facility condition assessment has not been completed nor has a geotechnical engineering study.  This
information will be obtained and provided once a shortlist of firms has been determined to receive a
request for Detailed Phase Proposals or a design-build team has been selected.  A HAZMAT survey
report was completed in January 2019 and will be made available to the firm(s) selected to submit a
Detailed Phase Proposal.
1.2. The Project includes the design and renovation of the existing courthouse with potential
expansion(s) and all associated abatement, demolition, sitework, utilities, and required parking.  At this
time, it is anticipated that the existing courthouse will remain in operation during any renovations
and/or additions.
1.2.1. Programmatically, the facility will need to house the following:
• Circuit Court and Support Space
• Clerk of Courts
• General District Court and Support Space
• Juvenile and Domestic Relations District Court and Support Space
• Deputy Clerks (5)
• Probation and Court Services to include Public Defender’s Office, Courthouse Security,
and Probation Officer
• Commonwealth Attorney
• Sheriff’s Department
• Holding Cells
• MIS, Buildings & Grounds, Storage, and Common Areas
• Vehicular sally port
• Enclosed, secure parking for Judges.
1.2.2. The proposed renovation and expansion will be on the existing Russell County Courthouse
property generally located at 53 East Main Street, Lebanon, Virginia.  See Appendix C for site
and property information.
1.2.3. The jail which is part of the courthouse building is empty and will not be used in the
future.  The scope and cost of demolition of the jail should be assumed by the Private Entity in
their proposal.
1.2.4. Adequate parking is currently a concern and the Project must consider adequate parking
needed at peak times to include parking for staff and public and needs to be a design
consideration.
General District Court Courtroom, all parties utilize the same entrance except for access to the
Judge’s Chambers and this courtroom does not meet accessibility standards. As with the Circuit
Courtroom, there are inadequate space/furnishings, environmental controls, and technology
provisions,


Front doors of courthouse remain locked as there are ADA issues (no way for someone in a
wheelchair to access the front door).


The jail (which is a part of the courthouse building) is empty and not being used.


A facility condition assessment has not been completed nor has a geotechnical engineering study. This
information will be obtained and provided once a shortlist of firms has been determined to receive a
request for Detailed Phase Proposals or a design-build team has been selected. A HAZMAT survey
report was completed in January 2019 and will be made available to the firm(s) selected to submit a
Detailed Phase Proposal.
1.2. The Project includes the design and renovation of the existing courthouse with potential
expansion(s) and all associated abatement, demolition, sitework, utilities, and required parking. At this
time, it is anticipated that the existing courthouse will remain in operation during any renovations
and/or addi
1.2.1. Programmatically, the facility will need to house the following:


Circuit Court and Support Space


Clerk of Courts


General District Court and Support Space


Juvenile and Domestic Relations District Court and Support Space


Deputy Clerks (5)


Probation and Court Services to include Public Defender’s Office, Courthouse Security,
and Probation Officer


Commonwealth Attorney


Sheriff’s Department


Holding Cells


MIS, Buildings & Grounds, Storage, and Common Areas


Vehicular sally port


Enclosed, secure parking for Judges.


1.2.2. The proposed renovation and expansion will be on the existing Russell County Courthouse
property generally located at 53 East Main Street, Lebanon, Virginia. See Appendix C for site
and property information.
1.2.3. The jail which is part of the courthouse building is empty and will not be used in the
future. The scope and cost of demolition of the jail should be assumed by the Private Entity in
their proposal.
1.2.4. Adequate parking is currently a concern and the Project must consider adequate parking
needed at peak times to include parking for staff and public and needs to be a design
consideration.
4
1.2.5. Front doors of the courthouse remain locked due to accessibility issues.  The County
would like to re-open these doors for use and be accessible for all.
1.3. The County adopted a document entitled, "County of Russell: Public-Private Education Facilities and
Infrastructure Act of 2002, As Amended”.  These guidelines were adopted by Russell County, Virginia on
October 2019.
1.4. The County adopted a Resolution on February 19, 2020 declaring the Courthouse Project
Renovations as a qualifying project under the Public-Private Education Facilities and Infrastructure Act of
2002 (herein referred to as “PPEA”) and Russell County now seeks to obtain competitive negotiable
proposals for the Courthouse Renovation and Expansion required to meet the long-term facility and
space needs of the court system.  The County determined that the PPEA may offer opportunities for
innovative solutions to meet the needs of Russell County’s court system.
1.5. The County will consider proposals that provide conceptual phase design, anticipated schedule for
design and construction, and estimates of cost for the Courthouse Renovation and Expansion.
1.6. Design of the proposed facility should meet the following minimum criteria:
1.6.1 Conceptual phase design for a proposal which will meet the space needs of the Russell
County court system.
1.6.2 Comply with the Virginia Courthouse Facilities Guidelines, latest edition as of approval of
Design Development or otherwise agreed upon between the County and Private Entity.  Current
Edition is Revision February 2015.  A copy of the current Virginia Courthouse Facility Guidelines
is included as Appendix B.
1.6.3 Be designed to provide necessary security and protection, lighting, acoustics, electrical,
mechanical, fire protection, structural, data/telecommunications, and audio-video systems in
accordance with nationally recognized court design standards and the Virginia Uniform
Statewide Building Code.
1.7. Courthouse operations currently housed within the existing courthouse facility will remain in
operation during construction activity.
1.8. The procurement, delivery and installation of all loose furnishings, fixtures and equipment (FF&E)
will be managed by the County.  The Private Entity should include all fixed casework, fixed shelving,
security equipment, and fixed courtroom seating in their scope of work.
1.9. Public-Private Education Facilities and Infrastructure Act of 2002 for the County are being followed
for this PPEA selection, which provide for a two part proposal submission process consisting of an initial
Conceptual Phase Request for Proposals (RFP) and subsequent Detailed Stage Proposals.
1.2.5. Front doors of the courthouse remain locked due to accessibility issues. The County
would like to re-open these doors for use and be accessible for all.
1.3. The County adopted a document entitled, "County of Russell: Public-Private Education Facilities and
Infrastructure Act of 2002, As Amended”. These guidelines were adopted by Russell County, Virginia on
October 2019.
1.4. The County adopted a Resolution on February 19, 2020 declaring the Courthouse Project
Renovations as a qualifying project under the Public-Private Education Facilities and Infrastructure Act of
2002 (herein referred to as “PPEA”) and Russell County now seeks to obtain competitive negotiable
proposals for the Courthouse Renovation and Expansion required to meet the long-term facility and
space needs of the court system. The County determined that the PPEA may offer opportunities for
innovative solutions to meet the needs of Russell County’s court system.
1.5. The County will consider proposals that provide conceptual phase design, anticipated schedule for
design and construction, and estimates of cost for the Courthouse Renovation and Expansion.
1.6, Design of the proposed facility should meet the following minimum criteria:
1.6.1 Conceptual phase design for a proposal which will meet the space needs of the Russell
County court system.
1.6.2 Comply with the Virginia Courthouse Facilities Guidelines, latest edition as of approval of
Design Development or otherwise agreed upon between the County and Private Entity. Current
Edition is Revision February 2015. A copy of the current Virginia Courthouse Facility Guidelines
is included as Appendix B.
1.6.3 Be designed to provide necessary security and protection, lighting, acoustics, electrical,
mechanical, fire protection, structural, data/telecommunications, and audio-video systems in
accordance with nationally recognized court design standards and the Virginia Uniform
Statewide Building Code.
1.7. Courthouse operations currently housed within the existing courthouse facility will remain in
operation during construction activity.
1.8. The procurement, delivery and installation of all loose furnishings, fixtures and equipment (FF&E)
will be managed by the County. The Private Entity should include all fixed casework, fixed shelving,
security equipment, and fixed courtroom seating in their scope of work.
1.9. Public-Private Education Facilities and Infrastructure Act of 2002 for the County are being followed
for this PPEA selection, which provide for a two part proposal submission process consisting of an initial
Conceptual Phase Request for Proposals (RFP) and subsequent Detailed Stage Proposals.
5
1.10. The objective of this RFP is to select a shortlist of highly qualified Private Entities deemed most
suitable for this particular project. The short list of proposers will be requested to submit and participate
in the Detailed Stage of the proposal. The County may, at any time, require the proposer to provide
additional information, additional copies of prior submissions, and/or clarification to any submission.
Since this is a solicited proposal, there is no proposal review fee required from the Private Entity.
1.11. A stipend may be paid to those Proposers selected to participate in the Detailed Stage and who
submit satisfactory proposals. The amount of the stipend, if any, will be determined at a later date.
1.12. The County intends to enter into an Interim Agreement and follow-on Comprehensive Agreement
with the successful Proposer that will have specific contract provisions that may include, but not limited
to: an initial Contract Cost Limit for all design and construction costs including site improvements and
building costs; design fees; lump sum fees; Guaranteed Maximum Price at or near 65% design or
possibly at or near 100% design; open book contracting; design review process; allowances and unit
price items; reimbursable costs; contingencies; and may include liquidated damages.
1.13. Project Schedule - These dates are preliminary and are subject to change:
1.13.1 RFP Issuance Date: August 12, 2020
1.13.2 Pre-Proposal Meeting: August 27, 2020 at 1:30 pm Local Time
1.13.3 Last Day for Questions on RFP: September 4, 2020 by 5:00 pm Local Time
1.13.4 Conceptual Phase Proposals Due:  September 11, 2020 by 2:00 pm Local Time
1.13.5 Announce Shortlist of Successful Concept Phase Proposals: September 2020
1.13.6 Issue Request for Detailed Stage Proposals: October 2020
1.13.7 Detailed Stage Proposals due: November/December 2020
1.13.8 Interviews with Firms Presenting Detailed Proposals: December 2020
1.13.8 Enter into negotiations with the Successful Detailed Phase Proposer: December 2020
1.14. Additional information may be made available to firms selected to provide Detailed Stage
Proposals to include, but may not be limited to:
• As-built drawings of existing courthouse
• HAZMAT survey report(s)
• Fire flow test data
• Geotechnical report
1.10. The objective of this RFP is to select a shortlist of highly qualified Private Entities deemed most
suitable for this particular project. The short list of proposers will be requested to submit and participate
in the Detailed Stage of the proposal. The County may, at any time, require the proposer to provide
additional information, additional copies of prior submissions, and/or clarification to any submission.
ited proposal, there is no proposal review fee required from the Private En
1.11. A stipend may be paid to those Proposers selected to participate in the Detailed Stage and who
submit satisfactory proposals. The amount of the stipend, if any, will be determined at a later date.
1.12. The County intends to enter into an Interim Agreement and follow-on Comprehensive Agreement
with the successful Proposer that will have specific contract provisions that may include, but not limited
to: an initial Contract Cost Limit for all design and construction costs including site improvements and
building costs; design fees; lump sum fees; Guaranteed Maximum Price at or near 65% design or
possibly at or near 100% design; open book contracting; design review process; allowances and unit
price items; reimbursable costs; contingencies; and may include liquidated damages.
1.13. Project Schedule - These dates are preliminary and are subject to change:
1.13.1 RFP Issuance Date: August 12, 2020
1.13.2 Pre-Proposal Meeting: August 27, 2020 at 1:30 pm Local Time
1.13.3 Last Day for Questions on RFP: September 4, 2020 by 5:00 pm Local Time
1.13.4 Conceptual Phase Proposals Due: September 11, 2020 by 2:00 pm Local Time
1.13.5 Announce Shortlist of Successful Concept Phase Proposals: September 2020
1.13.6 Issue Request for Detailed Stage Proposals: October 2020
1.13.7 Detailed Stage Proposals due: November/December 2020
1.13.8 Interviews with Firms Presenting Detailed Proposals: December 2020
1.13.8 Enter into negotiations with the Successful Detailed Phase Proposer: December 2020
1.14, Additional information may be made available to firms selected to provide Detailed Stage
Proposals to include, but may not be limited to:


As-built drawings of existing courthouse


HAZMAT survey report(s)


Fire flow test data


Geotechnical report


6

CONTACTS

2.1 Contact shall be with Curtis Elswick, Sr. Vice President/Regional Executive, Skanska USA Building Inc.
([email protected] or 540-423-2860).  No contact shall be made with County administrative
staff, judges, court staff or sheriff office staff without the prior approval of Russell County. Any contact
with County representatives other than the contact listed above may serve as grounds for rejection of
proposals.
2.2. Issuing Office:
Lonzo Lester, County Administrator
Russell County, Virginia
137 Highland Drive
Lebanon, VA 24266
Office: (276) 889-8000

GENERAL INFORMATION

3.1. A Pre-Proposal Meeting shall be held at the Russell County Courthouse located at 53 East Main
Street, Lebanon, Virginia on August 27, 2020 at 1:30 pm.  This meeting is not mandatory but highly
recommended.  Those interested in participating in the Pre-Proposal Meeting should meet at the main
lobby of the courthouse prior to the start time noted above.  The purpose is to review the administrative
requirements of the RFP, steps for completing the Design-Build proposal, review the site and to receive
any questions concerning the RFP process.
3.2. The County will announce by letter the shortlist of the selected Proposers that will be asked to
respond to the Request for Detailed Stage Proposals for the Project.
3.3. This document, and all referenced documents included on Russell County’s website constitute the
entire Request for Proposal package.  The RFP Documents are only for the purpose of obtaining
Qualification Proposals for the Work and do not confer a license or grant to Proposers for any other use.
3.4. On request, the County will provide each Proposer access to the Site to conduct such examinations
and investigations as each Proposer deems necessary for submission of a Proposal.
3.5. All questions shall be in written form by email to Curtis Elswick at [email protected].
3.6. Interpretations or clarifications considered necessary by Owner in response to such questions will
be issued by Addenda and posted on Russell County’s website.  Proposers are solely responsible for
checking this website regularly for all Addenda.
3.7. Questions received after the posted deadline may not be answered.  Only questions answered by
formal written Addenda will be binding.  Oral and other interpretations or clarifications will not be
binding.

CONTACTS

2.1 Contact shall be with Curtis Elswick, Sr. Vice President/Regional Executive, Skanska USA Building Inc.
([email protected] or 540-423-2860). No contact shall be made with County administrative
staff, judges, court staff or sheriff office staff without the prior approval of Russell County. Any contact
with County representatives other than the contact listed above may serve as grounds for rejection of
proposals,
2.2. Issuing Office:
Lonzo Lester, County Administrator
Russell County, Virginia
137 Highland Drive
Lebanon, VA 24266
Office: (276) 889-8000
3, GENERAL INFORMATION
3.1. A Pre-Proposal Meeting shall be held at the Russell County Courthouse located at 53 East Main
Street, Lebanon, Virginia on August 27, 2020 at 1:30 pm. This meeting is not mandatory but highly
recommended. Those interested in participating in the Pre-Proposal Meeting should meet at the main
lobby of the courthouse prior to the start time noted above. The purpose is to review the administrative
requirements of the RFP, steps for completing the Design-Build proposal, review the site and to receive
any questions concerning the RFP process.
3.2. The County will announce by letter the shortlist of the selected Proposers that will be asked to
respond to the Request for Detailed Stage Proposals for the Project.
3.3. This document, and all referenced documents included on Russell County’s website constitute the
entire Request for Proposal package. The RFP Documents are only for the purpose of obtaining
Qualification Proposals for the Work and do not confer a license or grant to Proposers for any other use.
3.4, On request, the County will provide each Proposer access to the Site to conduct such examinations
and investigations as each Proposer deems necessary for submission of a Proposal.
3.5, All questions shall be in written form by email to Curtis Elswick at [email protected].
3.6, Interpretations or clarifications considered necessary by Owner in response to such questions will
be issued by Addenda and posted on Russell County’s website. Proposers are solely responsible for
checking this website regularly for all Addenda.
3.7. Questions received after the posted deadline may not be answered. Only questions answered by
formal written Addenda will be binding. Oral and other interpretations or clarifications will not be
binding.
7
3.8. Addenda may be issued to clarify, correct, or change the Proposal Documents as deemed necessary.

SUBMITTAL INFORMATION - MANDATORY CRITERIA

An unsatisfactory response to any item in the category titled “Mandatory Criteria” may be considered
sufficient cause to disqualify an applicant from further consideration for short-listing for this Project.
Responses to the RFP shall be complete for criteria requested by the County as it relates to the project.
Additional information, examples of work, data shall be issued in a separate binder or identified by Index
Tab as supplemental information.
4.1. Responsiveness to RFP – Only responsive applications will be considered and evaluated.  A
responsive application must be completed according to the instructions, and include all required
attachments and requested information.
4.2 Debarment Status – By submitting an application, the Proposer certifies that neither it nor any
affiliated entity is currently debarred from submitting bids or has otherwise agreed not to submit bids
on contracts with any government or business entity.  If the Proposer experiences a material change in
its debarment status after the application is submitted and prior to the award of the contract for the
project, the Proposer shall notify the County of the change in writing at the time the change occurs or as
soon thereafter as is reasonably practicable.  If at any time during the evaluation process the Proposer is
issued a debarment judgment then this will be considered grounds for automatic disqualification.
4.3 License – The Proposer must provide copies of their firm’s Commonwealth of Virginia Contractor’s
and Architect’s Licenses with the RFP response.
4.4 Bonding Capacity/Statement – Proposers must provide a signed statement from their Surety stating
that, based on present circumstances, the Surety will provide, at a minimum, a $12 million (or value of
the proposal, whichever is more) performance and payment bond for the Proposer in connection with
the Project.
4.5. Conflict of Interest - Identify any persons known to the applicant who would be obligated to
disqualify themselves from participation in any transaction arising from or in connection to the project
pursuant to Virginia State and Local Government Conflict of Interest Act (Va. Code §§ 2.2-3100 et seq.).

EVALUATION FACTORS

In considering a Proposer for short listing, the County will be the sole judge of the Proposer’s
qualifications and experience, including experience with similar projects, experience with PPEA projects,
demonstration of ability to perform work; leadership structure; project manager’s experience, project
team and experience working together, management approach, financial condition, project
understanding and project schedule.  The Project understanding shall include the County’s desired level
of construction quality, building site improvements, County administration and court operation
procedures, traffic and pedestrian flow, and general design intent as deemed appropriate for the
County.   Evaluation factors are listed in no order of preference:
3.8, Addenda may be issued to clarify, correct, or change the Proposal Documents as deemed necessary.
4, SUBMITTAL INFORMATION - MANDATORY CRITERIA
‘An unsatisfactory response to any item in the category titled “Mandatory Criteria” may be considered
sufficient cause to disqualify an applicant from further consideration for short-listing for this Project.
Responses to the RFP shall be complete for criteria requested by the County as it relates to the project.
Additional information, examples of work, data shall be issued in a separate binder or identified by Index
Tab as supplemental information.
4.1. Responsiveness to RFP - Only responsive applications will be considered and evaluated. A
responsive application must be completed according to the instructions, and include all required
attachments and requested information.
4.2 Debarment Status - By submitting an application, the Proposer certifies that neither it nor any
affiliated entity is currently debarred from submitting bids or has otherwise agreed not to submit bids
on contracts with any government or business entity. If the Proposer experiences a material change in
its debarment status after the application is submitted and prior to the award of the contract for the
project, the Proposer shall notify the County of the change in writing at the time the change occurs or as
soon thereafter as is reasonably practicable. If at any time during the evaluation process the Proposer is,
issued a debarment judgment then this will be considered grounds for automatic disqualification.
4.3 License - The Proposer must provide copies of their firm’s Commonwealth of Vit
and Architect’s Licenses with the RFP response.
nia Contractor’s
4.4 Bonding Capacity/Statement — Proposers must provide a signed statement from their Surety stating
that, based on present circumstances, the Surety will provide, at a minimum, a $12 million (or value of
the proposal, whichever is more) performance and payment bond for the Proposer in connection with
the Project.


Conflict of Interest - Identify any persons known to the applicant who would be obligated to
disqualify themselves from participation in any transaction arising from or in connection to the project
pursuant to Virginia State and Local Government Conflict of Interest Act (Va. Code §§ 2.2-3100 et seq).


EVALUATION FACTORS


In considering a Proposer for short listing, the County will be the sole judge of the Proposer’s
qualifications and experience, including experience with similar projects, experience with PPEA projects,
demonstration of ability to perform work; leadership structure; project manager’s experience, project
‘team and experience working together, management approach, financial condition, project
understanding and project schedule. The Project understanding shall include the County’s desired level
of construction quality, building site improvements, County administration and court operation
procedures, traffic and pedestrian flow, and general design intent as deemed appropriate for the
County. Evaluation factors are listed in no order of preference:
8
5.1. Qualifications and Experience
5.1.1. Experience with similar projects/ability/PPEA methods to perform work – During the
evaluation of experience and ability to perform the work, emphasis will be placed on a
Proposer’s performance on recent projects of a similar size and nature to the Project, including
Proposer’s ability to manage costs within an established construction budget and to develop a
comprehensive agreement.  Other factors include, but not limited to, delivery of a quality
product, and meet scheduled completion dates.  Preference will be given to firms with the
following experience:

Construction Experience including the following:

A. Successful completion (on time, within budget, and per client’s
specifications) of at least two (2) building construction projects of $10
million or more in the last five (5) years by the general contractor similar in
scope to the Project in this RFP.  Acceptable delivery methods include
Design-Bid-Build, Design-Build and CM at Risk.

Design Experience including the following:

B. Courthouse Experience - Successful completion (on time, within budget, and
per client’s specifications) of at least one Courthouse design by the
designated Design Project Manager and Project Architect.
5.1.2. Resources.  Provide details explaining how the firm or firms involved have current
resources available to perform this Project.
5.1.3. Leadership structure/key personnel experience – Provide resumes demonstrating that
the qualifications of the persons proposed for the following positions have relevant experience
on projects of similar size and scope.  Proposer must dedicate all key personnel to the project
and may not make changes without written approval from the County. No substitutions of the
key personnel represented below will be accepted without prior approval by the County.
Request for approval to substitute may be submitted by the Proposer only for reasons beyond
the Proposer’s control.

Key Personnel include the following:

A. Design/Build Project Manager – Experience on design/build projects of similar
scope is required.
B. Design Project Manager and Project Architect - Experience with Courthouse
facilities is required.
5.1.1. Experience with similar projects/ability/PPEA methods to perform work ~ During the
evaluation of experience and ability to perform the work, emphasis will be placed on a
Proposer’s performance on recent projects of a similar size and nature to the Project, including
Proposer’s ability to manage costs within an established construction budget and to develop a
comprehensive agreement. Other factors include, but not limited to, delivery of a quality
product, and meet scheduled completion dates. Preference will be given to firms with the
following experience:

Construction Experience including the following:

‘A. Successful completion (on time, within budget, and per client’s
specifications) of at least two (2) building construction projects of $10
million or more in the last five (5) years by the general contractor similar in
scope to the Project in this RFP. Acceptable delivery methods include
Design-Bid-Build, Design-Build and CM at Risk.

Design Experience including the following:

B. Courthouse Experience - Successful completion (on time, within budget, and
per client’s specifications) of at least one Courthouse design by the
designated Design Project Manager and Project Architect.
5.1.2. Resources. Provide details explaining how the firm or firms involved have current
resources available to perform this Project.
5.1.3. Leadership structure/key personnel experience — Provide resumes demonstrating that
the qualifications of the persons proposed for the following positions have relevant experience
on projects of similar size and scope. Proposer must dedicate all key personnel to the project
and may not make changes without written approval from the County. No substitutions of the
key personnel represented below will be accepted without prior approval by the County.
Request for approval to substitute may be submitted by the Proposer only for reasons beyond
the Proposer’s control.

Key Personnel include the following:

A. Design/Build Project Manager — Experience on design/build projects of similar
scope is required.
B. Design Project Manager and Project Architect - Experience with Courthouse
facilities is required.
9
C. Construction Project Manager, if different than Design/Build Project Manager
– Experience with projects of similar scope is preferred.
D. Construction Superintendent – Experience with projects of similar scope is
preferred.

Other Team Members include the following:

A. Civil Engineer - Experience working on projects within Russell County or with
municipalities within Southwest Virginia is preferred.
B. Mechanical, Plumbing, Fire Protection and Electrical Engineer(s) – Experience
with Courthouse or similar facilities is preferred.
C. Security Consultant – Experience with Courthouse facilities is required.
D. Audio/Visual Consultant – Experience with Courthouse facilities is required.
5.1.4. Management Approach.  Provide a narrative explaining your approach to successfully
manage the design and construction of the Project.  Include a description and examples of how
you will manage cost, quality and schedule.  Schedule shall begin at “Notice to Proceed” and end
with “Owner Occupancy” and assume an Interim Agreement will be executed.
5.1.5. References – The County reserves the right to contact any reference listed or non-listed
party it deems appropriate. By submitting a response to this Request for Proposals, the Proposer
releases the County and any references from all liability concerning this exchange of
information.

Include a minimum of 5 references. Preference is given to references that are

of civic architecture and courthouse construction projects.
5.1.6. Financial Condition – Financial data will be reviewed and compared to industry standards.
Include on AIA Document A305.
5.1.7. Safety Performance – Safety data will be reviewed and compared to industry standards.
Safety Performance (Contractor) – Please provide the following information on a separate sheet
of paper:


Experience Modification Factor (EMF) for past five years.


A list of OSHA citations levied during the past three years.  Describe the


infractions and indicate whether there was a warning or fine imposed and the
dollar amount of each.

Details from your organization’s OSHA 300 “Log of Work-Related Injuries and

Illnesses” indicating:
C. Construction Project Manager, if different than Design/Build Project Manager
~ Experience with projects of similar scope is preferred.
D. Construction Superintendent ~ Experience with projects of similar scope is
preferred.

Other Team Members include the following:

‘A. Civil Engineer - Experience working on projects within Russell County or with
municipalities within Southwest Virginia is preferred,
B. Mechanical, Plumbing, Fire Protection and Electrical Engineer(s) ~ Experience
with Courthouse or similar facilities is preferred,
C. Security Consultant ~ Experience with Courthouse facilities is required.
D. Audio/Visual Consultant - Experience with Courthouse facilities is required.
5.1.4, Management Approach. Provide a narrative explaining your approach to successfully
manage the design and construction of the Project. Include a description and examples of how
you will manage cost, quality and schedule. Schedule shall begin at “Notice to Proceed” and end
with “Owner Occupancy” and assume an Interim Agreement will be executed.
5.1.5. References — The County reserves the right to contact any reference listed or non-listed
party it deems appropriate. By submitting a response to this Request for Proposals, the Proposer
releases the County and any references from all liability concerning this exchange of
information.

Include a minimum of 5 references. Preference is given to references that are
of civic architecture and courthouse construction projects.

5.1.6. Financial Condition - Financial data will be reviewed and compared to industry standards.
Include on AIA Document A305.
5.1.7. Safety Performance — Safety data will be reviewed and compared to industry standards.
Safety Performance (Contractor) ~ Please provide the following information on a separate sheet
of paper:


Experience Modification Factor (EMF) for past five years.


A list of OSHA citations levied during the past three years. Describe the
infractions and indicate whether there was a warning or fine imposed and the
dollar amount of each.


Details from your organization’s OSHA 300 “Log of Work-Related Injuries and
Illnesses” indicating:


10
• Number of lost workday cases
• Number of restricted workday cases
• Number of cases with medical attention only
• Number of fatalities
5.1.8. Claims/Final Resolution/Judgments – Evaluation of this data will be based on the number
of affirmative answers to the questions and the details provided in the explanation for each
occurrence. Include on AIA Document A305.
5.1.9. Failure to Complete – Evaluation of the Proposer’s failure to complete projects will be
based primarily on the number of failure-to-complete occurrences and the explanations for the
failure-to-complete occurrences. Include on AIA Document A305.
5.1.10. Other Relevant Criteria – Under separate Index Tab on binder include any relevant
information, deemed to be in the best interest of the proposer and for benefit of the County but
is not identified as mandatory to the Conceptual Phase proposal.

Proposer is encouraged (not mandatory) to present design schemes/options

for consideration. Design with emphasis on court and government
administration operations, use of site, parking, and cost benefit that may show
the proposers understanding and creativity of the project.

Proposer is encouraged (not mandatory) to offer any creative methods for

construction means and methods that may reduce the time for construction,
phasing considerations, and/or minimize disruptions acknowledging the
courthouse will remain in operation during construction.

PROCESS AND CRITERIA FOR REVIEW OF PROPOSALS AND SELECTION:

Only proposals complying with the requirements of the PPEA that contain sufficient information for a
meaningful evaluation, and that are provided in an appropriate format, as described in this solicitation,
will be considered for further review at the Detailed Stage proposal.
6.1 Review Committee - The County will establish a selection Committee to review proposals received
under this solicitation.
6.2 Criteria for Selection - The following items will be considered in the evaluation and selection of the
Conceptual Phase proposals.  The County however reserves and retains the right to reject any request or
proposal at any time for any reason whatsoever.
6.2.1 Qualifications and Experience: Conceptual Phase proposal factors to be
considered in the County’s review to determine whether the proposer possessed
the requisite qualifications and experience may include but shall not be limited to:
‘* Number of lost workday cases

Number of restricted workday cases

‘+ Number of cases with medical attention only

Number of fatalities,

5.1.8. Claims/Final Resolution/Judgments ~ Evaluation of this data will be based on the number
of affirmative answers to the questions and the details provided in the explanation for each
occurrence. Include on AIA Document A305.
5.1.9. Failure to Complete ~ Evaluation of the Proposer’s failure to complete projects will be
based primarily on the number of failure-to-complete occurrences and the explanations for the
failure-to-complete occurrences. Include on AIA Document A305.
5.1.10. Other Relevant Criteria - Under separate Index Tab on binder include any relevant
information, deemed to be in the best interest of the proposer and for benefit of the County but
is not identified as mandatory to the Conceptual Phase proposal.


Proposer is encouraged (not mandatory) to present design schemes/options
for consideration. Design with emphasis on court and government
administration operations, use of site, parking, and cost benefit that may show
the proposers understanding and creativity of the project.


Proposer is encouraged (not mandatory) to offer any creative methods for
construction means and methods that may reduce the time for construction,
phasing considerations, and/or minimize disruptions acknowledging the
courthouse will remain in operation during construction.


PROCESS AND CRITERIA FOR REVIEW OF PROPOSALS AND SELECTION:


Only proposals complying with the requirements of the PPEA that contain sufficient information for a
meaningful evaluation, and that are provided in an appropriate format, as described in this solicitation,
will be considered for further review at the Detailed Stage proposal.
6.1 Review Committee - The County will establish a selection Committee to review proposals received
under this solicitation.
6.2 Criteria for Selection - The following items will be considered in the evaluation and selection of the
Conceptual Phase proposals. The County however reserves and retains the right to reject any request or
proposal at any time for any reason whatsoever.
6.2.1 Qualifications and Experience: Conceptual Phase proposal factors to be
considered in the County’s review to determine whether the proposer possessed
the requisite qualifications and experience may include but shall not be limited to:
10
11
a. Experience with similar projects;
b. Demonstration of ability to perform work;
c. Leadership structure;
d. Project manager’s experience;
e. Management approach;
f. Financial condition; and
g. Project ownership.
6.2.2 Project Characteristics: Design Phase proposal factors to be considered in
determining the project characteristics may include but shall not be limited to:
a. Project definition;
b. Proposed project schedule;
c. Operation of the project;
d. Technology, technical feasibility;
e. Conformity to laws, regulations, and standards;
f. Environmental impacts;
g. State and local permits;
h. Maintenance of the project.
6.2.3 Project Costs: Design Phase proposal factors to be considered in determining
whether the proposed project costs are adequate for funding available may include
but shall not be limited to:
Estimated costs for design fees, all anticipated site construction to include site
utilities, site improvements, landscaping and parking; all building and/or renovation
construction costs; and fixed furnishings and equipment.

SUBMITTAL OF PROPOSALS

a. Experience with similar projects;
b. Demonstration of ability to perform work;
c. Leadership structure;
d. Project manager’s experience;
e. Management approach;
f. Financial condition; and
Project ownership.
2
6.2.2 Project Characteristics: Design Phase proposal factors to be considered in
determining the project characteristics may include but shall not be limited to:
a. Project definition;
b. Proposed project schedule;
€. Operation of the project;
d. Technology, technical feasibility;
€. Conformity to laws, regulations, and standards;
f. Environmental impacts;
g. State and local permits;
h. Maintenance of the project.
6.2.3 Project Costs: Design Phase proposal factors to be considered in determining
whether the proposed project costs are adequate for funding available may include
but shall not be limited to:
Estimated costs for design fees, all anticipated site construction to include site
ies, site improvements, landscaping and parking; all building and/or renovation
construction costs; and fixed furnishings and equipment.

SUBMITTAL OF PROPOSALS

uu
12
7.1. Six (6) copies of the Proposal, and an electronic copy on USB drive, shall be submitted to
the County on or before the due date and time listed in order to be considered.  Late proposals
will not be accepted.  Proposals shall be clearly idenPfied with ― Request for Proposals for the
Russell County Courthouse Renovation and Expansion.
7.2. Proposals shall be enclosed in an opaque sealed envelope or box, marked with the Project
title and name and address of Proposer and accompanied by all required documents.  If the
Proposal is sent through the mail or other delivery system the sealed envelope or box shall be
enclosed in a separate envelope or box with the notaPon ― PROPOSAL ENCLOSED on the face
of it.
7.3. All Proposers should be available to give a presentation to the County with Key Staff present
if required.

MODIFICATION AND WITHDRAWAL OF PROPOSAL

A proposal may be modified or withdrawn by an appropriate document duly executed in the same
manner that a Proposal must be executed and shall be delivered to the County prior to the date and
time for the opening of the Proposals.

OPENING OF PROPOSALS

The County will establish a selection Committee to review proposals received under this solicitation.
Proposals will be opened privately.

OWNER’S RIGHTS AND LIABILITIES

As set forth in the County’s PPEA Guidelines, the County reserves all rights available to it by law in
administering these Guidelines including, without limitation, the right in its sole discretion to:
10.1. Reject any and all proposals at any time;
10.2. Terminate consideration or evaluation of any and all proposals at any time;
10.3. Suspend, discontinue and/or terminate discussions regarding confidentiality agreements,
interim agreements and comprehensive agreements at any time prior to the authorized
execution of such agreements by all parties;
10.4. Suspend or eliminate conceptual phase review and proceed directly to detailed phase
review;
10.5. Negotiate with a proposer without being bound by any provision in its proposal;
10.6. Negotiate with fewer than all proposers at any given time;
7.1, Six (6) copies of the Proposal, and an electronic copy on USB drive, shall be submitted to
the County on or before the due date and time listed in order to be considered. Late proposals
will not be accepted. Proposals shall be clearly identified with — Request for Proposals for the
Russell County Courthouse Renovation and Expansion.
7.2. Proposals shalll be enclosed in an opaque sealed envelope or box, marked with the Project
title and name and address of Proposer and accompanied by all required documents. If the
Proposal is sent through the mail or other delivery system the sealed envelope or box shall be
enclosed in a separate envelope or box with the notation — PROPOSAL ENCLOSED on the face
of it.
7.3. All Proposers should be available to give a presentation to the County with Key Staff present
if required.

MODIFICATION AND WITHDRAWAL OF PROPOSAL

A proposal may be modified or withdrawn by an appropriate document duly executed in the same
manner that a Proposal must be executed and shall be delivered to the County prior to the date and
time for the opening of the Proposals.



OPENING OF PROPOSALS
The County will establish a selection Committee to review proposals received under this solicitation
Proposals will be opened privately



OWNER’S RIGHTS AND LIABILITIES
As set forth in the County’s PPEA Guidelines, the County reserves all rights available to it by law in
administering these Guidelines includir
jout limitation, the right i
sole discretion to:
By
10.1. Reject any and all proposals at any time;
10.2. Terminate consideration or evaluation of any and all proposals at any time;
10.3. Suspend, discontinue and/or terminate discussions regarding confidentiality agreements,
interim agreements and comprehensive agreements at any time prior to the authorized
execution of such agreements by all parties;
10.4. Suspend or eliminate conceptual phase review and proceed directly to detailed phase
review;
10.5. Negotiate with a proposer without being bound by any provision in its proposal;
10.6. Negotiate with fewer than all proposers at any given time;
12
13
10.7. Request and/or receive additional information regarding any proposal;
10.8. Issue addenda to and/or cancel RFP;
10.9. Revise, supplement or withdraw all or any part of these Guidelines;
10.10. Request revisions to conceptual or detailed phase proposals.
10.11. A Proposer who submits a proposal agrees to hold the County, its officers, employees,
agents and volunteers harmless and free from all liability, loss, injury, and/or cost and expense
which might be incurred by such Proposer in responding to, or as a consequence of the RFP, and
agrees to waive any and all claims for damages arising in connection with the procurement
process contemplated by the RFP.

PROPOSAL CONTENT

11.1 Proposal documents are generally subject to the Virginia Freedom of Information Act
(FOIA) except for specific exemptions of certain documents from public disclosure.  Clearly mark
any information that is considered confidential and proprietary.
11.2   The Proposals submitted shall be structured in an orderly manner addressing all requested
information and requirements.  Contents for Information shall be satisfactory for posting and
publication, unless expressly waived by the County.

INFORMATION TO BE PROVIDED IN RESPONSE TO THIS REQUEST FOR PROPOSAL:

Conceptual Proposals should follow the format specified in Section IV of Appendix A - Public-Private
Education Facilities and Infrastructure Act of 2002 Russell County Board of Supervisor Guidelines but
include, at a minimum:
A. Mandatory Criteria (see Section 4 of RFP).
B. Qualifications and Experience Forms (AIA Document A305 and B305).
C. Past project information supplied by General Contractor.
D. Past project information supplied by Architect/Engineer/Consultants.
E. Other relevant information as required by Section 2.09 of Appendix A - Public-Private Education
Facilities and Infrastructure Act of 2002 Russell County Board of Supervisor Guidelines and
Section 5 and 6 of this RFP.
E.   Other relevant materials as desired by Proposer but not mandatory by RFP (Separate Tab).
10.7. Request and/or receive additional information regarding any proposal;
10.8. Issue addenda to and/or cancel RFI
10.9. Revise, supplement or withdraw all or any part of these Guidelines;
10.10. Request revisions to conceptual or detailed phase proposals.
10.11. A Proposer who submits a proposal agrees to hold the County, its officers, employees,
agents and volunteers harmless and free from all liability, loss, injury, and/or cost and expense
which might be incurred by such Proposer in responding to, or as a consequence of the RFP, and
agrees to waive any and all claims for damages arising in connection with the procurement
process contemplated by the RFP.

PROPOSAL CONTENT

11.1 Proposal documents are generally subject to the Virginia Freedom of Information Act
(FOIA) except for specific exemptions of certain documents from public disclosure. Clearly mark
any information that is considered confidential and proprietary.
11.2 The Proposals submitted shall be structured in an orderly manner addressing all requested
information and requirements. Contents for Information shall be satisfactory for posting and
publication, unless expressly waived by the County.

INFORMATION TO BE PROVIDED IN RESPONSE TO THIS REQUEST FOR PROPOSAL:

Conceptual Proposals should follow the format specified in Section IV of Appendix A - Public-Private
Education Facilities and Infrastructure Act of 2002 Russell County Board of Supervisor Guidelines but
include, at a minimum:
A.
Mandatory Criteria (see Section 4 of RFP).
Qualifications and Experience Forms (AIA Document A305 and B305).
Past project information supplied by General Contractor.
Past project information supplied by Architect/Engineer/Consultants.
Other relevant information as required by Section 2.09 of Appendix A - Public-Private Education
Facilities and Infrastructure Act of 2002 Russell County Board of Supervisor Guidelines and
Section 5 and 6 of this RFP.
Other relevant materials as desired by Proposer but not mandatory by RFP (Separate Tab).
13
14

APPENDIX

A. Public-Private Education Facilities and Infrastructure Act of 2002 Russell County Board of
Supervisor Guidelines
B. Virginia Courthouse Facility Guidelines, Rev. 2/15
C. General Site Information
D. Sample Qualifications and Experience Forms (AIA Document A305 and B305).
END OF DOCUMENT



APPENDIX
‘A. Public-Private Education Facilities and Infrastructure Act of 2002 Russell County Board of
Supervisor Guidelines
B. Virginia Courthouse Facility Guidelines, Rev. 2/15
General Site Information
D. Sample Qualifications and Experience Forms (AIA Document A305 and B305).
9
END OF DOCUMENT
14
curtis.elswick
Text Box
APPENDIX A - RUSSELL COUNTY PPEA GUIDELINES
APPENDIX A - RUSSELL COUNTY PPEA GUIDELINES
Public-Private Education Facilities and Infrastructure
Act of 2002
Russell County Board of Supervisors Guidelines
October 2019
Public-Private Education Facilities and Infrastructure Act of 2002
Russell County Board of Supervisors Guidelines
Table of Contents
Introduction.
Overview
|. General Provisions. 3
A. ProposalSubmission. 3
B Affected Jurisdictions 3
C. Proposal Review Fee…on. . . . . . . - 4
D.Use of Advisors, . : : 4
E. Freedom of Information Act. 5
F.Use of Public Funds… 7
G. Applicabilityof Other Law8 …n.nse . . 7
IL, Solicited Proposals. 7
IILU n solicit ed Proposals. 8
‘A. Decision to Accept and Consider Unsolicited Proposal; Notice 8
B. Posting Requirements 9
C.nitial Review by the Responsible Public Entity at the Conceptual Stage. 10
M. . Proposal Preperaionand Submission "
A. Format for Submissions at Conceptual Stage. 4

Qualificationand Experience 1"

2, Project Characteristics.

Project Financing

4, Project Benefit and Compatibility, 13
B. Format for Submissions at Detailed Stage
V. Proposal Evaluation and Selection Criteria
A. Qualifications and Expaience
B.Project Characteristics.
C.Project Financing
D. Project Benefit and Compatt
E Other Factors 18
VI. Appropriating Body 19
Vi Interim and Comprehensive Agreements 19
A. Interim Agreement Terms 0
B. Comprehensive Agreement Terms. 19
Public hearing during proposal review process;notice and posting requirements …
Vil. Governing Provisions.
Terms and Defini
Introduction
Overview
The Public-Private Education Facilities and infrastructure Act of 2002 (the “PPEA”) grants
responsible public entities the authority to create public-private partnerships for the development of a
wide range of projects for public use if the public entities determine there is a need for the project and
that private involvement may provide the project to the public in a timely or cost-effective fashion,
The PPEA defines “responsible public entity” (RPE) to include any public entity that “has the power
to develop or operate the applicable qualifying project.” Individually negotiated interim or
comprehensive agreements between a private entity and an RPE will define the respective rights and
obligations of the RPE and the privateentity.
In order for a project to come under the PPEA, it must meet the definition of a "qualifying
” The PPEA contains a broad definition of qualifying project that includes public buil
lities of all types; for example:
project
and fac
(i) Aneducation facility, including but not limited to aschool building(including any
stadium or other facility primarily used forschool events), any functionally related and
subordinate facility and land to a school buildingand any depreciable property provided
forusein a school facility that is operated as part of the public school system or as an
institution of higher education;
(ii) A building or facility that meets a public purpose and is developed or operated by or for any
public entity:
(iii) Improvements, together with equipment, necessary to enhance public safety and security of
buildings to be principally used by a public entity;
(iv) Utility and telecommunications and other communications infrastructure;
(v) A recreational facility;
(vi) Technology infrastructure and services, including but not limited to telecommunic:
automated data processing, word processing and management information sys
related information,equipment, goods and serv i
(vii) Technology, equipment, or infrastructure designed to deploy wireless broadband services to
schools, businesses, or residential areas;
(viii) Services designed to increase the productivity or efficiency through the use of technology or
other means;
(ix) Any improvements necessary or desirable to any unimproved locally-or state-owned real
estate; or
(x) A solid waste management facility that produces electric energy from solidwaste,
The PPEA establishes requirements that Russell County Board of Supervisors must adhere
to when reviewing and approving proposals received pursuant to the PPEA. In addition, the PPEA
specifies the criteria that must be used to select a proposal and the contents of the interim or
comprehensive agreement detailing the relationship between Russell County Board of Supervisors
and the private entity.
‘These guidelines, which are based upon the model guidelines developed and updated by a
working group created by the General Assembly following passage of the PPEA law, will guide the
consideration of PPEA proposals for which Russell County Board of Supervisors is the RPE.
General Provisions
A a
A proposal may be either solicited by Russell County Board of Supervisors or delivered
to it by a private entity on an unsolicited basis. Proposers may be required to follow a two-part
proposal submission process consisting of an initial conceptual phase and a detailed phase.
The initial phase of the proposal should contain specified information on proposer
qualifications and experience, project characteristics, project financing, anticipated public
support or opposition, or both, and project benefit and compatibility. The detailed proposal
should contain specified deliverables to permit a thorough evaluation of the project prior to the
execution of an interim or comprehensive agreement.
The PPEA allows private entities to include iinnovative financing methods, including
the imposition of user fees or service payments, in a proposal. Such financing arrangements
may include the issuance of debt instruments, equity or other securities or obligations. The
PPEA is a flexible development tool that allows the use of innovative financing techniques
that might include the use of special purpose entities; sale and lease back transactions,
enhanced use leasing, property exchanges, development agreements, conduit financing and
other methods allowed by law.
Proposals should be prepared simply and economically, providing a concise
description of the proposer’s capabilities to complete the proposed qualifying project and the
benefits to be derived from the project by Russell County Board of Supervisors. Project benefits
to be considered are those occurring during the construction, renovation, expansion or
improvement phase and during the life cycle of the project. Proposals also should include a
scope of work and a financial plan for the project, containing enough detail to allow an analysis
by Russell County Board of Supervisors of the financial feasibility of the proposed project. The
cost analysis of a proposal should not be linked solely to a private financing plan, as Russell
County Board of Supervisors may determine to finance the project through other available
means.
Russell County Board of Supervisors reserves the right to use accelerated
documentation, review, and selection process es for proposals involving a qualifying project
that it deems a priority. In addition, to facilitate the flow of critical information, Russell County
Board of Supervisors may establish criteria by which the proposer may provide clarification
toa submitted proposal
B. Affected Jurisdictions
Any private entity requesting approval from or submitting a conceptual or detailed
proposal to Russell County Board of Supervisors must provide each affected jurisdiction with
a copy of the private entity’s request or proposal by certified mail, express delivery, or hand
delivery.
3
Affected jurisdictions that are not RPEs under the proposed qualifying project shall
have 60 days from the receipt of the request or proposal to submit written comments to the
PPEA contact for Russell County Board of Supervisors listed hereit \d to indicate whether
the proposed qualifying project is compatible with the (i) local comprehensive plan, (ii) local
infrastructure development plans, or (iii) capital improvements budget or other government
spending plan. Comments received within the 60-day period shall he given consideration by
Russell County Board of Supervisors, and no negative inference shall be drawn from the
absence of comment by an affected jurisdict
C. Proposal Review Fee
Russell County Board of Supervisors may charge a fee to the private entity to cover the
costs of processing, reviewing, and evaluating any unsolicited proposal or competing
unsolicited proposal submitted under the PPEA, including a fee to cover the costs of outside
attorneys, consultants, and financial advisors. Any fee charged forsuch review of a proposal
should be reasonable in comparison to the level of expertise required to review the proposal and
should not be greater than the direct costs associated with evaluating the proposed qualifying
project. “Direct cost” may include (i) the cost of staff time required to process, evaluate, review
and respond to the proposal and (ii) the out-of-pocket costs of attorneys, consultants, and
financial advisors. No fee shall be required for proposals solicited by Russell County Board of
Supervisors.
The proposal review fee shall be '4 of 1% of the anticipated project cost but shall not
exceed $25,000 from each proposal team. The proposal review fee shall be paid in two
installments: $ 10,000 upon submission of an unsolicited conceptual proposal and the balance
of the fee, up to the maximum fee amount of $25,000, shall be paid by private entities that are
requested to submit a detailed proposal. Payment of the subsequent fee shall be due upon
submission of the detailed proposals. If the cost of reviewing the proposal exceeds the initially
established proposal fee, Russell County Board of Supervisors may assess the proposer the
additional costs deemed necessary to evaluate the proposal.
For rejected proposals, Russell County Board of Supervisors will refund any portion
of fees paid in excess of its direct costs associated with evaluating the proposal. If the cost of
reviewing the proposal is less than the initially established proposal fee, Russell County Board
of Supervisors will refund to the proposer the excess fee. Fees will be refunded entirely if
Russell County Board of Supervisors decides not to proceed to publication and conceptual-
phase review of an unsolicited proposal.
D. Use of Advisors
Russell County Board of Supervisors may retain the services of outside advisors or
consultants with relevant experience or request an analysis of the proposal from appropriate
internal staff in determining whether to enter into an agreement with the private entity.
4
The proposal review fee shall be principally used to cover the cost of the services
provided by outside buyers, advisors or consultants or appropriate internal staff. The cost
associated with such reviews shall be documented and made available to proposers upon
request. Any outside advisor or consultant shall be procured as required by state law and
applicable processes.
E. Ereedom of Information Act

General applicability of disclosure provisions.

Proposal documents submitted by private entities are generally subject to the Virginia
Freedom of Information Act (" FOIA") except that subdivision 11 of§ 2.2 -3705.6 exempts
certain documents from public disclosure. FOIA exemptions, however, are discretionary, and
Russell County Board of Supervisor
the extent the documents are:
s may elect to re lease some or all of documents except to
a, Trade secrets of the private entity as defined in the Uniform Trade Secrets Act(§ 59.1-
336 etseq.)s
b. Financial records of the private entity that are not generally available to the public through
regulatory disclosure or otherwise, including but not limited to, balance sheets and financial
statements; or
c. Other information submitted by a private entity, where if the record or document were
made public prior to the execution of an interim or comprehensive agreement the financial
interest or bargaining position of the public or private entity would be adversely affected,

Protection from mandatory disclosure for certain documents submitted by a private
entity.

Before a document of a private entity may be withheld from disclosure, the private entity
must make a written request to Russell County Board of Supervisors at the time the documents
3l-e first submitted designating with specificity the documents for which the protection is being
sought and a clear statement of the reasons for invoking the protection with reference to one or
more of three classes of records listed in Section LE.1.
Upon the receipt of a written request for protection of documents, and prior to
acceptance of the proposal, Russell County Board of Supervisors shall detem line whether the
documents contain (i) trade secrets, (ii) financial records, or (iii) other information that would
adversely affect the financial interest or bargaining position of Russell County Board of
Supervisors or private entity in accordance with Section LE. 1. Russell County Board of
Supervisors shall make
a written determination of the nature and scope of the protection to be afforded by it under
this subdivision. If the written determination provides less protection than requested by the
private entity, the private entity will be accorded an opportunity to withdraw its proposal in
part or in whole, Nothing shall prohibit further negotiations of the documents to be accorded.
protection from release although what may be protected must be limited to the categories of
records identified in Section LE.1.
Once a written determination has been made by Russell County Board of Supervisors,
the documents afforded protection under this subdivision shall continue to be protected from
disclosure when in the possess ion of Russell County Board of Supervisors or any affected
jurisdiction to which such documents are provided.
Ifa private entity fails to designate trade secrets, financial records, or other
confidential or proprietary information for protection from disclosure, such information,
records or documents shall be subject to disclosure under FOIA.

Protection from mandatory disclosure for certain documents produced by Russell
County Board of Supervisors.

Russell County Board of Supervisors may withhold from disclosure memoranda, staff
evaluations, or other records prepared by Russell County Board of Supervisors, its staff,
outside advisors, or consultants exclusively for the evaluation and negotiation of proposals
where (i) if such records were made public prior to or after the execution of an interim or a
comprehensive agreement, the financial interest or bargaining position of Russell County
Board of Supervisors would be adversely affected, and (ii) the basis for the determination
required in clause (i) is documented in writing by Russell County Board of Supervisors.
Cost estimates relating to a proposed procurement transaction prepared by or for
Russell County Board of Supervisors shall not be open to public inspection,
4, Russell County Board of Supervisors may not withhold from public access:
(a) procurement records other than those subject to the written
determination of Russell County Board of Supervisors;
(b) information concerning the terms and conditions of any inter
comprehensive agreement, service contract, lease, partnership, or any agreement of
any kind entered into by Russell County Board of Supervisors and the private entity;
n or
© information concerning the terms and conditions of any financing
arrangement that involves the use of any public funds; or
(d) information concerning the performance of any private entity
developing or operating a qualifying project.
I.
However, to the extent that access to any procurement record or other document or
information is compelled or protected by a court order, then Russell County Board of
Supervisors must comply with such order.
F. Use of Public Funds
Virginia constitutional and statutory requirements as they apply to appropriation and
expenditure of public funds apply any interim or comprehensive agreemententered into under
the PPEA. Accordingly, the processes and procedural requirements associated with the
expenditure or obligation of public funds shall be incorporated into planning for any PPEA
project or projects
G. Appli
ther Law:
Nothing in the PPEA shall affect the duty of Russell County Board of Supervisors to
comply withall of the applicable law not in conflict with the PPEA. The applicability of the
Virginia Public Procurement Act (the “VPPA”) is as set forth in the PPEA.
Solicited Proposals
Russell County Board of Supervisors may issue Requests for Proposals (RFPs) or
Invitations for Bids (IFBs), inviting proposals from private entities to develop or operate
qualifying projects. In its sole discretion, Russell County Board of Supervisors may use a
two-part proposal process consisting ofan initial conceptual phase and a detailed phase. Al
REP or IFB may invite proposers to submit proposals on individual projects identified by
Russell County Board of Supervisors. In such a case, Russell County Board of Supervisors
will set forth in the RFPor TEBthe format and supporting information that is required to be
submitted, consistent with the provisions of the PPEA. The solicitation documents may
establish suggested timelines forselecting proposals for the reviewand selection of solicited
proposals.
The REP or TEB will specify, but not necessarily be limited to, information and
documents that must accompany each proposal and the factors that will be used in evaluating
the submitted proposals. The RFP or IFB should be posted in such public areas as are normally
used for posting of Russell County Board of Supervisors notices. Notices may also be
published in a newspaper or other publications of general circulation, advertised in Virginia
Business Opportunities or posted on the Commonwealth’s electronie procurement site, In
addition, solicited proposals shall be posted pursuant to Section III.B. The RFP or IFB will also
contain or incorporate by reference other applicable terms and conditions, including any unique
capabilities or qualifications that will be required of the private entities submitting proposals.
Pre-proposal conferences may be held as deemed appropriate by Russell County Board of
Supervisors.
ml.
The PPEA also permits public entities to receive, evaluate and select for negotiations
unsolicited proposals from private entities to develop or operate a qualifying project.
In addition to accepting proposals without any prior public notice, Russell County
Board of Supervisors may publicize its needs and may encourage interested parties to submit
unsolicited proposals subject to the terms and conditions of the PPEA. When such proposals are
received without issuance of an REP or IFB, the proposal shall be treated as an unsolicited
proposal. Russell County Board of Supervisors may establish suggested timelines for
selecting proposals for the review and selection of unsolicited proposals.
A private entity will provide at least 6 hard copies and two electronic copies of its
unsolicited proposal to the following contact:
Office of the County Administrator
Russell County Board of Supervisors
137 Highland Drive
Lebanon, Virginia 24266
Atleast one of the hard copies and one of the electronic copies shall be ina form such
that information protected from disclosure under the FOIA is redacted to ease the publication
and distribution of such proposals.
‘A. Decision to Accept and Consider Unsolicited Proposal: Notie
I. Upon receipt of any unsolicited proposal or group of proposals and payment of
any required fee by the proposer or proposers, Russell County Board of Supervisors will
determine whether to accept the unsolicited proposal for the purpose of publication and
conceptual phase consideration. If Russell County Board of Supervisors determines not to
accept the proposal and proceed to publication and conceptual-phase consideration, it should
return the proposal, together with all fees and accompanying documentation, to the proposer.

If Russell County Board of Supervisors chooses to accept an unsolicited proposal for
publication and conceptual-phase consideration, it shall post a notice in a public area regularly
used by Russell County Board of Supervisors for posting of publ s for a period of not
less than 45 days. Russell County Board of Supervisors shall also publ the same notice in
one or more newspapers or periodicals of general circulation in the jurisdiction to notify any
parties that may be interested in submitting competing unsolicited proposals creating a period
of not less than 45 days during which competing unsolicited proposals may be filed. In addit
the notice may be advertised in Virginia Business Opportunities or on the

Commonwealth’s electronic procurement website, The notice shall state that Russell County
Board of Supervisors (i) has received an unsolicited proposal under the PPEA, (ii) intends to
evaluate the proposal, (iii) may negotiate an interim or comprehensive agreement with the
proposer based on the proposal, and (iv) will receive for simultaneous consideration any
competing proposals that comply with the procedures adopted by Russell County Board of
Supervisors and the PPEA.
The notice also shall summarize the proposed qualifying project or projects and
identify their proposed locations.
To ensure that sufficient information is available upon which to base thedevelopment
of’a competing proposal, representatives of Russell County Board of Supervisors familiar
with the unsolicited proposaland its guide lines will bemadeavailableto respond to inquiries
and meet with private entities that are considering the submission of a competing proposal.
Russell County Board of Supervisors shall conduct an analysis of the information pertaining
to the proposal included in the notice to ensure that such information sufficiently
encourages competing proposals. Further, Russell County Board of Supervisors shall
establish criteria, including key decision pointsand approvals to ensure properconsideration
oftheextentofcompetition from available private entities prior to selection,
B. Posting Requirements.


Conceptual proposals, whether solicited or unsolicited , shall be posted by the
Russell County Board of Supervisors within 10 working days after acceptance of such
proposals on Russell County Board of Supervisors’ website or by publication, in a newspaper
of general circulation in the area in which the contract is to be performedof a summary of the
proposals and the location where copies of the proposals are available for public inspection
Posting may also be on the Virginia Department of General Service’s web-based electronic
procurement program commonly known as “eVA,” in the discretion of Russell County Board
of Supervisors.


Nothing shall be construed to prohibit the posting of the conceptual proposals
by additional means deemed appropriate by Russell County Board of Supervisors so as to
ity to inspect the proposals.


provide maximum notice to the public of the opportu

Inaddition to the posting requirements, at least one copy of the proposals shall
be made available for public inspection. Trade secrets, financial records, or other records of
the private entity excluded from disclosure under the provisions of subdivision 11 of §
2.23705.6 shalll not be required to be posted, except as otherwise agreed to by Russell County
Board of Supervisors and the privateentity. Any inspection of procurement transaction records
shall be subject to reasonable restrictions to ensure the security and integrity of the records.

C. Initial Review by the Responsible Public Entity at the Conceptual Stage
I. Only proposals complying with the requirements of the PPEA that contain
sufficient information for a meaningful evaluation and that are provided in an appropriate
format should be considered by Russell County Board of Supervisors for further review at
the conceptual stage. Formatting suggestions for proposals at the conceptual stage are found
in Section IV. A.

Russell County Board of Supervisors shall determine at this initial stage of
review whether it will proceedusing:

a, Standard procurement procedures consistent with the VPPA; or
b. guidelines developed by Russell County Board of Supervisors that are consistent
with procurement of other than professional services through "competitive
negotiation” as the term is defined in§ 2.2-430 lof the Code of Virginia. Russell
County Board of Supervisors may proceed using such guidelines only if it makes
a written determination that doing so is likely to be advantageous to Russell
County Board of Supervisors and the public based upon either (i) the probable
scope, complexity or priority of need; (ii) the risk sharing including guaranteed
cost or completion guarantees, added value or debt, or equity investments
proposed by the private entity; or (iii) the increase in funding, dedicated revenue
or other economic benefit that would otherwise not be available. Such written
determination shall be made no later than 45 days after receipt of all competing
conceptual proposals,

After reviewing the original proposal and any competing proposals submitted during
the notice period, Russell County Board of Supervisors may determine:

(i) not to proceed further with any proposal;
(ii) to proceed to the detailed phase of review with the original proposal;
to proceed to the detailed phase with a competing proposal;
(iv) to proceed to the detailed phase with multiple proposals; or
(iv) _ to request modifications or amendments to any proposals.
In the event that more than one proposal will be considered in the detailed phase of
review, Russell County Board of Supervisors will consider whether the unsuccessful
10
propose
11
should be reimbursed for costs incurred in the detailed phase of review, and such reasonable costs may
be assessed to the successful proposer in the comprehensive agreement.

Discussions between Russell County Board of Supervisors and private entities about
the need for infrastructure improvements shall not limit the ability of Russell County Board of
Supervisors to later determine to use standard procurement procedures to meet its infrastructure
needs. Russell County Board of Supervisors retains the right to reject any proposals at any time
prior to the execution of an interim or comprehensive agreement.

IV. Proposal Preparation and Submission
AE for Submissi C 1s
Russell County Board of Supervisors requires that proposals at the conceptual stage
contain information in the following areas: (i) qualifications and experience, (ii) project
characteristics, (iii) project financing, (iv) anticipated public support or opposition, or both
(v) project benefit and compatibility and (vi) any additional information as Russell County
Board of Supervisors may reasonably request to comply with the requirements of the PPEA.
The following outlines the suggested format of information to be included in proposals at this
stage however; Russell County Board of Supervisors may request additional information or
documents to assist in its evaluation of the conceptual proposal:

Oualificati Experi
a. Identify the legal structure of the firm or consortium of firms making the proposal.

Identify the organizational structure for the project, the management approach and how
each partner and major subcontractor in the structure fits into the overall team.
b. Describe the experience of the fin-n or consortium of firms making the proposal and
the key principals involved in the proposed project including experience with projects
of comparable size and complexity. Describe the length of time in business, business
experience, public sector experience and other engagements of the firm orconsortium
of firms, Include the identity of any firms that will provide design, construction and
completion guarantees and warranties, and a description of such guarantees and
warranties.
Provide the names, addresses, and telephone numbers of persons within the firm or
consortium of firms who may be contacted for further information.
d. Provide a currentor most recently audited financial statement of the firm or firms
and each paliner with an equity interest of twenty percent or greater.
1"
e. Identify any persons known to the proposer who would be obligated to disqualify
themselves from pai ion in any transaction arising from or in connection to the
project pursuant to the Virginia Stateand Local Government Conflict of Interest Act,
Chapter 31 (§ 2.2-3100 et seq .) of Title2.2.

Project Characteristics

a. Provide a description of the project, including the conceptual design. Describe the
proposed project in sufficient detail so that type and intent of the project, the location,
and the communities that may be affected are clearly identified.
b. Identify and fully describe any work to be performed by Russell County Board of
Supervisors.
c Include a list of all federal, state, and local permits and approvals required for the
project and a schedule for obtaining such permits and approvals.
d. Identify any anticipated adverse social, economic, and environmental impacts of the
e
project. Specify the strategies or actions to mitigate known impacts of the project.
Identify the projected positive social, economic, and environmental impacts of the
project.
Identify the proposed schedule for the work on the project, including the estimated
time forcompletion.
Propose allocation of risk and liability for work completed beyond the agreement’s
completion date, and assurances for timely completion of theproject.
State assumptions related to ownership, legal liability, law enforcement, and operation
of the project and the existence of any restrictions on Russell County Board of
Supervisors’ use of the project.
Provide information relative to phased or partial openings of the proposed project
prior to completion of the entire work.
List any otherassumptions relied on for the project to be successful
List any contingencies that must occur for the project to be successful.
12

Project Financing

Provide a preliminary estimate and estimating methodology of the cost of the work by
phase, segment, or both.
Submit a plan for the development, financing, and operation of the project showing the
anticipated schedule on which funds will be required. Describe the anticipated costs of
and proposed sources and uses for such funds including any anticipated debt service
costs. The operational plan should include appropriate staffing levels and associated
costs, Include supporting due diligence studies, analyses, or reports.
Include a list and discussion of assumptions underlying all major elements of the plan.
Assumptions should include all significant fees associated with financing given the
recommended financing approach. In addition, complete disclosure of interest rate
assumptions should be included. Any ongoing operational fees, if applicable, should
also be disclosed as well as any assumptions with regard to increases in such fees.
Identify the proposed risk factors and methods for dealing with these factors,
Identify any local, state, or federal resources that the proposer contemplates requesting
for the project. Describe the total commitment, if any, expected from governmental
sources and the timing of any anticipated commitment. Such disclosure should include
any direct or indirect guarantees or pledges of Russell County Board of Supervisors’
credit or revenue.
Identify theamounts and the terms and conditions for any revenue sources.
Identify any aspect of the project that could disqualify the project from obtaining tax-
exempt financing.

Project Benefit and Compattbil
a. Identify who will benefit from the project, how they will benefit, and how the project

will benefit the overall community, region, orstate.
Identify any anticipated public support or opposition, as well as any anticipated
government support or opposition, for the project.
Explain the strategy and plans that will be carried out to involve an:
13
d. general public, business community, and governmental agencies in areas affected by
the project.
e. Describe the anticipated significant benefits to the community, region or state,
including anticipated benefits to the economic condition of Russell County Board
of Supervisors and whether the project is critical to attracting or maintaining
competitive industries and businesses to Russell County Board of Supervisors or
the surrounding region.
Describe compatibility with the local comprehensive plan, local infrastructure
development plans, the capital improvements budget, or other government spending
plan,
g. Provide a statement setting forth participation efforts that are intended to be
undertaken in connection with this project with regard to the following types of
businesses:
(i) minority-owned businesses,
woman-owned businesses, and
(iii) small businesses.
B. Format for
If Russell County Board of Supervisors decides to proceed to the detailed phase of
review with one or more proposals, the following information should be provided by the private
entity unless waived by Russell County Board of Supervisors:
I. A topographical map (1:2,000 or other appropriate scale) depicting the location of the
proposed project;


A list of public utility facilities, if any, that will be crossed by the qualifying project
and a statement of the plans of the proposer toaccommodate such crossings:


A statement and strategy setting out the plans for securing all necessary property;


A detailed listing of all firms that will provide specific design, construction and
completion guarantees and warranties, and a brief description of such guarantees and
warranties;


14
Vv.




A total life-cycle cost specifying methodology and assumptions of the project or and
the proposed project start date. Include anticipated commitment of all parties; equity,
debt, and other financing mechanisms; and a schedule of project revenues and project
costs. The life-cycle cost analysis should include, but not be limited to, a detailed
analysis of the projected return, rate of return, or both, expected usefill life of facility,
and estimated annual operating expenses:
A detailed discussion of assumptions about user fees or rates, and usage of the project
or projects;
Identification of any known government support or opposition, or general public
support or opposition for the project. Government or public support should be
demonstrated through resolution of official bodies, minutes of meetings, letters, or
other official communications;
Demonstration of consistency with appropriate local comprehensive or infrastructure
development plans or indication of the steps required for acceptance into such plans;
Explanation of how the proposed project would impact local development plans of each
affected jurisdiction;
Identification of the executive management and the officers and directors of the firm
or firms submitting the proposal. la addition, identification of any known conflicts of
interest or other disabilities that may impact Russell County Board of Supervisors’
consideration of the proposal, including the identification of any persons known to the
proposer who would be obligated to disqualify themselves from participation in any
transaction arising from or in connection to the project pursuant to the Virginia State
and Local Government Conflict of Interest Act, Chapter 31 (§ 2.2 -3100 et seq.) of
Title 2.2;
Additional material and information as Russell County Board of Supervisors may
reasonably request.
Proposal Evaluation and Selection Criteria
There are several factors that Russell County Board of Supervisors will consider
when evaluating and selecting a proposal under the PPEA.
15
Oualificati Experi
Factors to be considered in either phase of Russell County Board of Supervisors’ review
to determine whether the proposer possesses the requisite qualifications and experience include:
I. Experience with similar projects;

Demonstration of ability to perfom! work;
Leadership structure;

4, Project manager’s experience;
5. Management approach;
6. Financial condition;and

Project ownership.

B. Project Characteristics
Factors to be considered in determining the project characteristics include:

Project definition;

Proposed project schedule;
Operation of the project;
s
. Technology; technical feasibility;
. Conformity to laws, regulations, and standards;
Environmental impacts;


Condemnation impacts;


State and local permits; and


Maintenance of the project.


C. Project Financi
Factors to be considered in determining whether the proposed project financing
allows adequate access to the necessary capital to finance the project include:
I. Costand cost benefit to Russell County Board of Supervisors:


Financing and the impact of the debt burden of Russell County Board of
Supervisors or appropriating body;


Financial plan, including the degree to which the proposer has conducted due
diligence investigation and analysis of the proposed financial plan and the results
of any such inquiries orstudies;


Opportunity costs assessme


Estimated cost;


Life-cycle costanalysis;


The identity, © story, past performance of any third party that will provide
financing for the project and the nature and timing of their commitment, as
applicable; and


Such other items as Russell County Board of Supervisors deems appropriate,


In the event that any project is financed through the issuance of obligations that are
deemed to be tax-supported debt of Russell County, or if financing such a project may impact
Russell County’s debt rating or financial position, Russell County Board of Supervisors, or
Russell County may select its own finance team, source, and financingmethod,
D. Project Benefit and Compatibility
Factors to be considered in determining the proposed project’s compat
appropriate local or regional comprehensive or development plans include:
ity with the
17
I. Community benefits;


Community support or opposition, or both;


Public involvement strategy:


Compatibility with existingand planned facilities: and


Compatibility with local, regional, and state economic developmentefforts.


E. Other Factors
evaluation and selection of PPEA proposals includ
Other factors that may be considered by Russell County Board of Supervisors in the
The proposed cost of the qualifying project;
The general reputation, industry experience, and financial capacity of the private entity:
The proposed design of the qualifying project:
The eligibility of the project for accelerated documentation, review,and selection;
Local citizenand government comments;
Benefits to the public, including financial and nonfinaneial;
. The private entity’s compliance with a minority business participation plan or good
faith effort to comply with the goals of such plan;
… The private entity’s plans to employ local contractors and residents;
). The recommendation of a committee of representatives of members of the RPE and the
appropriating body which may be established to provide advisory oversight forthe project;
and
10 . Other criteria that Russell County Board of Supervisors deems appropriate.
18
VI. Appropriating Body
The Russell County Board of Supervisors may designate a group to review the
proposed project prior to final action by the appropriating body and to review any proposed
interim or comprehensive agreement prior to its execution.
VIL. Interim and Comprehensive Agreements
Prior to developing or operating the qualifying project, the selected private entity shall
enter into a comprehensive agreement with the RPE. Prior to entering a comprehensive
agreement, an interim agreement may be entered into that permits a private entity to perform
compensable activities related to the project. Any interim or comprehensive agreement shall
define the rights and obligations of Russell County Board of Supervisors and the selected
proposer with regard to the project.
A.Interim Agreement Terms
The scope of an interim agreement may include but is not limited to:
I. Project planning and development;


Design and engineering;


Environmental analysis and mitigation;


4, Survey;


Ascertaining the availability of financing for the proposed facility through financial and
revenue analysis


Establishing a process and timing of the negotiation of the comprehensive agreement; and


Any other provisions related to any aspect of the development or operation of a qualifying
project that the parties may deem appropriate prior to the execution of a comprehensive
agreement.


Comprehensive AgreementTerms
The scope of the comprehensive agreement shall include but not be limited to:
. The delivery of maintenance, performance and payment bonds or letters of credit i
connection with any acquisition, design, construction, improvement, renovation,
expansion, equipping, maintenance, or operation of the qualifying project:
The review of plans and specifications for the qualifying project by Russell County
Board of Supervisors;
The rights of Russell County Board of Supervisors to inspect the qualifying project to
ensure compliance with the comprehensive agreement;
The maintenance of a policy or policies of liability insurance or self-insurance reasonably
sufficient to ensure coverage of the project and the tort liability to the publicand employees
and to enable the continued operation of the qualifying project;
The monitoring of the practices of the private entity by Russell County Board of
Supervisors to ensure proper maintenance;
The terms under which the private entity will reimburse Russell County Board of
Supervisors for services provided;
The policy and procedures that will govern the rights and responsibilities of Russell County
Board of Supervisors and the private entity in the event that the comprehensive agreement
is terminated or there is a material default by the private entity including the conditions
governing assumption of the duties and responsibilities of the private entity by Russell
County Board of Supervisors and the transfer or purchase of property or other interests of
the private entity by Russell County Board of Supervisors;
The terms under which the private entity will file appropriate financial statements on a
periodic bi
‘The mechanism by which user fees, lease payments, or service payments, ifany, may be
established from time to time upon agreement of the parties. Any payments or fees shall
beset ata level that is thesame for persons using the facility under like conditions and
that will not materially discourage use for the qualifying project;
a. A copy of any service contract shall be filed with Russell County Board of Supervisors.
b. A schedule of the current user fees or lease payments shall be made available by the
private entity to any member of the public upon request.
20
¢. Classifications according to reasonable categories for assessment of user fees may be
made.


The terms and conditions under which Russell County Board of Supervisors may
contribute financial resources, if any, for thequalifying project;


The terms and conditions under which existing site conditions will be assessed and
addressed, including identification of the responsible party for conducting the assessment
and taking necessary remedial action;


The terms and conditions under which Russell County Board of Supervisors will be
required to pay money to the private entity and the amount of any such payments forthe
project;


13, Other requirements of the PPEA or other applicable law; and
14, Such other terms and conditions as Russell County Board of Supervisors may deem appropriate,
Any changes in the terms of the interim or comprehensiveagreement as may beagreed
upon by the palties from time to time shall be added to the interim or comprehensive agreement
by written amendment.
The comprehensive agreement may provide for the development or operation of
phases or segments of a qualifying project.
C. Public hearing during proposal review process; notice and posting requirements,
I. At some point during the proposal review process, but at least 30 days prior to entering into
an interim or comprehensive agreement, Russell County Board of Supervisors shall hold
a public hearing on the proposals that have been received,
2, Once the negotiation phase for the development ofan interim or a comprehensive agreement
is complete and a decision to award has been made by Russell County Board of
Supervisors, it shall post the proposed agreement on the Russell County Board of
Supervisors’ website or by publication, in a newspaper of general circulation in the area in
which the contraet work is to be performed, of a summary of the proposals and the location
where copies of the proposals are available for public sting may also be on
the Virginia Department of General Service’s web-based electronic procurement program
“eVA.” in the discretion of Russell County Board of Supervisors.
commonly known a:

At least one copy of the proposals shall be made available for public inspection, Trade
secrets, financial records, or other records of the private entity excluded from disclosure

21
under the provisions of subdivision I of§ 2.2-3705.6 shall not be required to be posted,
except as otherwise agreed to by Russell County Board of Supervisors and the private entity.


Any studies and analyses considered by Russell County Board of Supervisors in its review
of a proposal shall be disclosed to the appropriating body at some point prior to the
execution of an interim or comprehensive agreement.


Once an interim agreement or a comprehensive agreement has been entered into, Russell
County Board of Supervisors shall make procurement records available for public
inspection, upon request.


a, Such procurement records shall include documents protected from disclosure during the
negotiation phase on the basis that the release of such documents would have adverse effect
on the financial interest or bargaining position of Russell County Board of Supervisors or
private entity in accordance with Section LE.3.
b. Such procurement records shall not include (i) trade secrets of the private entity as defined
in the Uniform Trade Secrets Act($ 59.1-336et seq.) or (ii) financial records, including
balance sheets or financial statements of the private entity that are not generally available
to the public through regulatory disclosure or otherwi
To the extent access to procurement records are compelled or protected by a court order, then
Russell County Board of Supervisors must comply with such order.

Russell County Board of Supervisors shall electronically file a copy of all interim and
comprehensive agreement and any supporting documents with the Auditor of Public
Accounts. Such agreements and supporting documents should be provided within 30 days
of the execution of the interim or comprehensive agreement.

VIIL Governing Provisions
In the event of any conflict between these guidelines and the PPEA, the terms of the
PPEA shall control.
22
Term s and Definitions
"Affected jurisdi
project is located.
jon" means any county, city, or town in which all or a portion of a qualifying
“Appropriating body” means the body responsible f r appropriating or authorizing funding to
pay for a qualifying project.
“Comprehensive agreement” means the comprehensive agreement between the private entity
and the responsible public entity that is required prior to the development or operation of a
qualifying project,
“Conceptual stage” means the initial phase of project evaluation when the public entity makes a
determination whether the proposed project serves a public purpose , meets the criteria for a
qualifying project , asses s es the qualifications and experience of a private entity proposer, reviews the
project for financial feasibility , and warrants furtherpursuit.
“Cost-benefit analysis” means an analysis that weighs expected costs against expected benefits
in order to choose the best option. For example, a city manager may compare the costs and benefits
of constructing a new office building to those of renovating and maintaining an existing structure
in order to select the most financially advantageous option.
"Detailed stage” means the second phase of project evaluation where the public entity has
completed the conceptual stage and accepted the proposal and may request additional infomation
regarding a proposed project prior to entering into competitive negotiations with one or more
private entities to develop an interim or comprehensive agreement.
“Develop” or “development” means to plan, design, develop, finance, lease, acquire, install,
construct, or expand,
"Interim agreement” meansan agreement between a private entity and a responsible publicentity
that provides for phasing of the development or operation, or both, of a qualifying project. Such
phases may include, but are not limited to, design, planning, engineering, environmental analysis
and mitigation, financial and revenue analysis, or any other phase of the project that constinnes
activity on any part of the qualifying project.
“Lease payment” means any form of payment, including a land lease, by a public entity to the
private entity for the use of a qualifying project.
“Lifecycle cost analysis” means an analysis that calculates cost of an asset over its entire lifespan
and includes the cost of planning, constructing, operating, maintaining, replacing, and when
applicable, salvaging the asset. Although one proposal may have a lower illiital construction cost,
23
it may not have the lowest lifecycle cost once maintenance, replacement, and salvage value is
considered.
"Material default” means any default by the private entity in the performance of its duties that
jeopardizes adequate service to the public from a qualifying project.
“Operate” means to finance, maintain, improve, equip, modify, repair, or operate.
“Opportunity cost” means the cost of passing up another choice when making a decision or the
increase in costs due to delays in making a decision,
“Private entity” means any natural person, corporation, general partnership, limited liability
company, limited partnership, joint venture business trust, public benefit corporation, nonprofit
entity, or other business entity.
“Public entity” means the Commonwealth and any agency or authority thereof, any county, city
or town and any other political subdivision of the Commonwealth, any public body politic and
corporate or any regional entity that serves a public purpose.
“Qualifying project” means (i) any education facility, including, but not limited toa school
building, any functionally related and subordinate facility and land of a school building(including
any stadium or other facility primarily used for school events), and any depreciable property
provided for use in a sc hool facility that is operated as part of the public sc hool system or as an
institution of higher education ; (ii) any building or facility that meets a public purpose and is,
developed or operated by or forany public entity; (iii) any improvements, together with equipment,
necessary to enhance public safety and security of buildings to be principally used by a public
entity; (iv) utility and telecommunicati ions infrastructure; (v) a
recreational facility; (vi) technology infrastructure and services , including , but not limited to,
telecommunications, automated data processing, word processing and management information
systems, and related information, equipment, goods and services; (vii) any techno logy, equipment,
or infrastructure designed to deploy wireless broadband services to schools, businesses, or
residential areas; (viii) any services designed to increase the productivity or efficiency through the
use oftechnology or other means; (ix)any improvements necessary or desirable to any unimproved
locally-or state-owned real estate; or (x) any solid waste management facility that produces
electric energy derived from solid waste.
“Responsible public entity” means a public entity that has the power to develop or operate the
applicable qualifying project.
“Revenues” means all revenues, income, earnings, user fees, lease payments, or other serv ice
payments arising out of or in connection with supporting the development or operation of a
qualifying project, including without limitation, money received as grants or otherwise from the
United States of America, from any public entity, or from any agency or instrumentality of the
foregoing in aid of such facility.
24
“Service contract” means a contract entered into between a public entity and the private entity
pursuant to§ 56-575.5.
“Service payments” means payments to the private entity of a qualifying project pursuant to a
service contract.
“State” means the Commonwealth of Virginia,
“User fees” mean the rates, fees, or other charges imposed by the private entity of a qualifying
project for use of all or a portion of such qualifying project pursuant to the comprehensive
‘agreement pursuant to§ 56-575.9.
25
VIRGINIA COURTHOUSE
FACILITY GUIDELINES
The 2015 edition was made possible with the support of Grant No.
SJI-13-T-204 from the State Justice Institute (SJI).
Prepared by: Don Hardenbergh
Court works
Williamsburg, Virginia
For Office of the Executive Secretary
Supreme Court of Virginia
Richmond, Virginia
curtis.elswick
Text Box
APPENDIX B - VIRGINIA COURTHOUSE FACILITY GUIDELINES
APPENDIX B - VIRGINIA COURTHOUSE FACILITY GUIDELINES
The 2015 edition was
Prepared by: Don Hardenbergh
Court works
Williamsburg, Virginia
VIRGINIA COURTHOUSE
FACILITY GUIDELINES
made possible with the support of Grant No.
SJI-13-T-204 from the State Justice Institute (SJI).
For Office of the Executive Secretary
Supreme Court of Virginia
Richmond, Virginia
VIRGINIA COURTHOUSE FACILITY GUIDELINES

TABLE OF CONTENTS  PAGE i
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
INTRODUCTION… Introduction-1
CHAPTER 1 - VIRGINIA COURT ORGANIZATION … 1-1
I. SUPREME COURT … 1-1
II. COURT OF APPEALS … 1-2
III. CIRCUIT COURTS … 1-2
IV. DISTRICT COURTS … 1-3
V. MAGISTRATES … 1-4
CHAPTER 2 - COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION … 2-1
I. GETTING STARTED … 2-1
A. Planning Oversight Committee … 2-2
B. Planning Consultant and Architect … 2-3
C. Preliminary Budget … 2-3
D. Factors Affecting Construction Cost … 2-3
E. Public Support … 2-4
II. SHOULD WE RENOVATE? … 2-4
A. Restoration … 2-5
B. Rehabilitation … 2-5
C. Remodeling … 2-5
D. Conservation … 2-6
E. Problems Usually Encountered During Renovation … 2-7
F. Can Another Type Facility Be Used for Courts? … 2-7
G. Project Phasing… 2-8
III. PRE-DESIGN PLANNING … 2-9
A. Needs Assessment … 2-9
B. Master Planning and Determination of Alternative Solutions … 2-10
C. Preparation of the Architectural Program … 2-10
IV. DESIGN … 2-14
A. Schematic Design… 2-14
B. Design Development … 2-14
C. Construction Documents … 2-15
VIRGINIA COURTHOUSE FACILITY GUIDELINES
TABLE OF CONTENTS PAGE i
INTRODUCTION.
CHAPTER 1 - VIRGINIA COURT ORGANIZATION…
I
IL
Ml.
IV
v.
CHAPTER 2 - COURTHOUSE PLANNING, DESIGN AND CONSTRUCTIO!
I.
Tl.
Iv.
… Introduction-1
SUPREME COURT…
COURT OF APPEALS…
CIRCUIT COURT!
DISTRICT COURTS 1-3
MAGISTRATES…
GETTING STARTED …
Planning Oversight Committee.
Planning Consultant and Architect
Preliminary Budget.
Factors Affecting Construction Cost …
Public Support.
moom>
SHOULD WE RENOVATE?..
Restoration…
Rehabilitation.
Remodeling…
Conservation .
Problems Usually Encountered During Renovation
Can Another Type Facility Be Used for Courts?
Project Phasing…
Om™mMIODD>
PRE-DESIGN PLANNING…
A. Needs Assessment.
B. Master Planning and Determination of Alternative Solutions
C. Preparation of the Architectural Program…
DESIGN…
A. Schematic Design…
B. Design Development.
C. Construction Documents.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

TABLE OF CONTENTS  PAGE ii
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
V. CONSTRUCTION BIDS AND CONSTRUCTION … 2-16
VI. PROJECT DELIVERY METHODS … 2-16
CHAPTER 3 - RESPONSIBILITY FOR PROVIDING FACILITIES

AND FINANCING COURTHOUSE CAPITAL PROJECTS … 3-1
I. LOCAL GOVERNMENT RESPONSIBLE FOR PROVIDING

COURTHOUSE … 3-1
II. FINANCING CAPITAL IMPROVEMENTS … 3-1
A. Public Financing … 3-2
B. Private Financing … 3-3
CHAPTER 4 - COURTHOUSE DESIGN CONCEPTS … 4-1
I. GENERAL DESIGN PRINCIPLES … 4-1
A. Building Image… 4-1
B. Green Building Design … 4-2
C. Controlled Circulation … 4-2
D. Public Circulation … 4-3
E. Private Circulation … 4-4
F. Secure Circulation … 4-5
G. Secondary Circulation … 4-6
H. Horizontal and Vertical Circulation … 4-7
II. LOCATION AND ORGANIZATION OF COURTHOUSE

COMPONENTS … 4-8
III. EXPANSION, ADAPTABILITY AND FLEXIBILITY … 4-9
A. Physical Expansion … 4-9
B. Adaptability and Flexibility … 4-9
CHAPTER 5 - SIZE DETERMINANTS OF THE COURTHOUSE … 5-1
I. COURTROOMS … 5-1
II. COURTHOUSE OCCUPANTS … 5-1
III. PERSONNEL … 5-2
IV. BARRIER FREE ACCESS … 5-2
V. SPACE STANDARDS AND GROSSING FACTORS … 5-2
A. Net Square Feet (NSF) … 5-4
VIRGINIA COURTHOUSE FACILITY GUIDELINES
TABLE OF CONTENTS PAGE ii
Vv. CONSTRUCTION BIDS AND CONSTRUCTION …
VI. PROJECT DELIVERY METHODS 2-16
CHAPTER 3 - RESPONSIBILITY FOR PROVIDING FACILITIES
AND FINANCING COURTHOUSE CAPITAL PROJECTS …
L LOCAL GOVERNMENT RESPONSIBLE FOR PROVIDING
COURTHOUSE 3-1
IL FINANCING CAPITAL IMPROVEMENTS …
‘A. Public Financing
B. Private Financing
CHAPTER 4 - COURTHOUSE DESIGN CONCEPTS…
I. GENERAL DESIGN PRINCIPLES…
Building Image…
Green Building Design
Controlled Circulation …
Public Circulation .
Private Circulation
Secure Circulation
Secondary Circulation
Horizontal and Vertical
ROMMOOD>
irculation.
TL. LOCATION AND ORGANIZATION OF COURTHOUSE,
COMPONENTS.
Ill. | EXPANSION, ADAPTABILITY AND FLEXIBILITY…
A. Physical Expansion…
B. Adaptability and Flexibility .
CHAPTER 5 - SIZE DETERMINANTS OF THE COURTHOUSE
L COURTROOMS…
Il. | COURTHOUSE OCCUPANTS…
Ill. PERSONNEL…
TV. BARRIER FREE ACCESS
Vv. SPACE STANDARDS AND GROSSING FACTORS.
A. Net Square Feet (NSF)…
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

TABLE OF CONTENTS  PAGE iii
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
B. Component Gross Square Feet (CGDF) … 5-4
C. Building Gross Square Feet (BGSF)… 5-5
D. Net to Gross Ratios/Efficiency Factors … 5-5
E. Ratio of Total Building Area to Total Number of Courtrooms … 5-5
CHAPTER 6 - GENERAL BUILDING CONCEPTS … 6-1
I. SITE PLANNING AND ACQUISITION … 6-1
A. Location … 6-2
B. Public and Pedestrian Access … 6-3
C. Parking … 6-3
II. ACCOMMODATING THE PUBLIC … 6-4
A. Waiting Areas … 6-4
B. Food Service … 6-5
C. Public Information and Signage … 6-5
III. PLANNING FOR EXTENDED HOURS ACCESS… 6-7
IV. PLANNING FOR ACOUSTICS … 6-7
V. PLANNING FOR LIGHTING … 6-8
VI. BUILDING CODES … 6-8
VII. PLANNING FOR ERGONOMIC DESIGN … 6-9
A. Workstation Seating … 6-9
B. Posture and Location of VDT … 6-10
CHAPTER 7 - PLANNING FOR TECHNOLOGY … 7-1
I. RESPONDING TO CHANGING TECHNOLOGY … 7-1
A. Automated Case Management … 7-2
B. Videoconferencing … 7-3
C. Evidence Presentation … 7-3
D. Electronic Access … 7-4
E. Imaging and Workflow … 7-5
II. GENERAL DESIGN CONSIDERATIONS FOR TECHNOLOGY … 7-5
A. Future Implementation of Technology … 7-6
B. Floor Systems… 7-7
C. Workstations … 7-7
D. Video Conferencing … 7-7
E. Video Cameras in the Courtrooms … 7-7
VIRGINIA COURTHOUSE FACILITY GUIDELINES
TABLE OF CONTENTS
CHAPTER 6 - GENERAL BUILDING CONCEPTS…
I.
IL
Tl.
Tv.
Vi.
VIL.
CHAPTER 7 - PLANNING FOR TECHNOLOGY.
IL.
Component Gross Square Feet (CGDF)
Building Gross Square Feet (BGSF)…
Net to Gross Ratios/Efficiency Factors.
Ratio of Total Building Area to Total Number of Courtrooms…
moO@
SITE PLANNING AND ACQUISITION …
A. Location…
B. Public and Pedestrian Acces
C. Parking…
ACCOMMODATING THE PUBLIC…
A. Waiting Area
B. Food Service
C. Public Information and Signage…
PLANNING FOR EXTENDED HOURS ACCESS…
PLANNING FOR ACOUSTICS
PLANNING FOR LIGHTING 6-8
BUILDING CODES…
PLANNING FOR ERGONOMIC DESIGN…
A. Workstation Seating…
B. Posture and Location of VDT…
RESPONDING TO CHANGING TECHNOLOGY …
Automated Case Management - 72
Videoconferencing
Evidence Presentation.
Electronic Access…
Imaging and Workflow …
moOm>
GENERAL DESIGN CONSIDERATIONS FOR TECHNOLOGY…
Future Implementation of Technology…
Floor Systems.
Workstation:
Video Conferencin;
Video Cameras in the Courtrooms…
moOmD
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

TABLE OF CONTENTS  PAGE iv
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
F. Sound Reinforcement Systems … 7-8
G. Assistive Listening Systems … 7-8
H. Public Address System … 7-9
I. Acoustics … 7-9
J. Lighting … 7-9
III. ELECTRICAL POWER AND ELECTRICAL CLOSETS … 7-10
A. Emergency and Standby Power Systems … 7-10
B. Uninterruptible Power System (UPS) … 7-10
IV. TELECOMMUNICATIONS … 7-10
V. BUILDING BACKBONE … 7-11
VI. SERVICE ENTRY ROOM … 7-11
VII. MAIN DATA ROOMS (MDR) … 7-12
VIII. INDIVIDUAL DATA ROOM (IDR) … 7-13
IX. DEDICATED AV CABINETS/CLOSETS … 7-14
X. LOBBY TECHNOLOGIES … 7-14
CHAPTER 8 - PLANNING FOR COURT SECURITY … 8-1
I. SITE AND PERIMETER … 8-2
II. WINDOWS AND GLAZING … 8-3
III. PUBLIC PARKING … 8-4
IV. SECURE PARKING … 8-4
V. ENTRANCES AND LOBBY … 8-4
A. Entrance Screening Station … 8-4
B. Staff Entrances … 8-5
C. Service Entrance … 8-5
VI. ALARMS AND CONTROL SYSTEMS … 8-6
A. Duress Alarms … 8-6
B. Intrusion Alarms … 8-7
C. Access Controls … 8-8
D. Environmental Controls … 8-8
VII. VIDEO SURVEILLANCE … 8-8
VIRGINIA COURTHOUSE FACILITY GUIDELINES
TABLE OF CONTENTS
I.
IV.
Vi.
VIL
Vill.
Ix.
Xx.
CHAPTER 8 - PLANNING FOR COURT SECURITY…
I.
I.
Ml.
Iv.
Vv.
Vi.
VIL.
Sound Reinforcement Systems
Assistive Listening Systems
Public Address System…
Semon
Acoustics.
Lighting.
ELECTRICAL POWER AND ELECTRICAL CLOSETS… 7-10
A. Emergency and Standby Power Systems 7-10
B. Uninterruptible Power System (UPS)
TELECOMMUNICATIONS…
BUILDING BACKBONE…
SERVICE ENTRY ROOM…
MAIN DATA ROOMS (MDR) 7-12
INDIVIDUAL DATA ROOM (IDR)
DEDICATED AV CABINETS/CLOSETS…
LOBBY TECHNOLOGIES.
SITE AND PERIMETER
WINDOWS AND GLAZING …
PUBLIC PARKING…
SECURE PARKING…
ENTRANCES AND LOBBY
A. Entrance Screening Station…
B. Staff Entrances.
C… Service Entrance
ALARMS AND CONTROL SYSTEMS …
A. Duress Alarms.
B. Intrusion Alarms
C. Access Controls
D. Environmental Controls
VIDEO SURVEILLANCE …s.0
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

TABLE OF CONTENTS  PAGE v
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
VIII. PUBLIC ADDRESS … 8-9
IX. CENTRAL SECURITY CONTROL OFFICE … 8-9
X. VEHICULAR SALLY PORT … 8-10
XI. CENTRAL PRISONER HOLDING … 8-10
XII. COURT FLOOR HOLDING AREAS … 8-11
CHAPTER 9 - PLANNING FOR ACCESSIBILITY AND ADA … 9-1
I. BACKGROUND … 9-1
II. FOR MORE INFORMATION … 9-1
III. COURTROOMS … 9-2
A. Recommendations for Best Practice … 9-3
B. Public Seating / Gallery … 9-4
C. Jury Boxes and Witness Stands … 9-4
D. Judges’ Benches and Courtroom Workstations … 9-4
E. Court Reporter Station … 9-5
F. Attorney Tables … 9-5
IV. JURY ASSEMBLY AREAS … 9-5
V. JURY DELIBERATION AREAS … 9-5
A. Assistive Listening Systems … 9-5
B. Courthouse Holding Facilities … 9-5
C. Other Courthouse Areas … 9-6
CHAPTER 10 - COURTHOUSE COMPONENTS… 10-1
I. COURTROOMS … 10-1
II. GENERAL DESIGN CRITERIA … 10-1
A. Size and Shape … 10-1
B. Location of Bench … 10-2
C. Number and Size of Courtrooms … 10-2
D. Environmental Controls … 10-4
E. Acoustics … 10-4
F. Technology … 10-4
G. Video Conferencing … 10-5
H. Sound Reinforcement and Audio Recording Systems … 10-6
I. Computer workstations and monitors … 10-7
VIRGINIA COURTHOUSE FACILITY GUIDELINES
TABLE OF CONTENTS PAGE Vv
VIII. PUBLIC ADDRESS…
IX. CENTRAL SECURITY CONTROL OFFICE 8-9
X. VEHICULAR SALLY PORT
XI. CENTRAL PRISONER HOLDING…
XII. COURT FLOOR HOLDING AREAS.
CHAPTER 9 - PLANNING FOR ACCESSIBILITY AND ADA
I. BACKGROUND …
IL FOR MORE INFORMATION 9-1
Ill. | COURTROOMS…
Recommendations for Best Practic
Public Seating / Gallery
Jury Boxes and Witness Stands
Judges’ Benches and Courtroom Workstatio
Court Reporter Station…
Attorney Tables…
=m pOMD
TV. JURY ASSEMBLY AREAS…
Vv. JURY DELIBERATION AREAS …
A. Assistive Listening Systems .
B. Courthouse Holding Facilities
C. Other Courthouse Are:
CHAPTER 10 - COURTHOUSE COMPO!
L COURTROOMS…
IL GENERAL DESIGN CRITERIA, 10-1
‘A. Size and Shape… 210-1
B. Location of Bench… 10-2
C. Number and Size of Courtrooms 10-2
D. Environmental Controls 10-4
E. Acousti 10-4
F. Technology 10-4
G. Video Conferencing… 1. 10-5
H. Sound Reinforcement and Audio Recording Systems.
I. Computer workstations and monitors…
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

TABLE OF CONTENTS  PAGE vi
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
III. CIRCUIT COURTROOMS … 10-7
A. Courtroom Entrances … 10-7
B. Judge’s Bench … 10-7
C. Clerk’s Station … 10-9
D. Witness Stand… 10-11
E. Jury Box … 10-12
F. Counsel Tables … 10-13
G. Lectern … 10-13
H. Display Area … 10-14
I. Bailiff Station … 10-14
J. Court Reporter Station … 10-14
K. Defendant’s Station … 10-16
L. Public Gallery and Spectator Seating … 10-16
IV. GENERAL AND JUVENILE AND DOMESTIC RELATIONS

DISTRICT COURTROOMS … 10-17
A. Hearing Rooms … 10-18
B. Conference Rooms … 10-19
C. Witness Waiting Room … 10-19
D. Attorney-Client Conference Room … 10-20
V. JURY OPERATIONS … 10-21
A. Jury Deliberation Room … 10-21
B. Jury Assembly … 10-22
C. Grand Jury Room … 10-24
VI. JUDICIAL CHAMBERS … 10-24
VII. COURT REPORTER’S OFFICE … 10-27
VIII. CLERK OF COURT … 10-28
A. Public Counters … 10-30
B. Signage … 10-32
C. Staff Work Spaces … 10-32
D. Records Storage … 10-33
E. Exhibit Storage… 10-34
F. Office Support Spaces… 10-35
G. Technology Considerations … 10-35
IX. COMMONWEALTH ATTORNEY … 10-36
VIRGINIA COURTHOUSE FACILITY GUIDELINES
TABLE OF CONTENTS
I CIRCUIT COURTROOMS…
A. Courtroom Entrances 10-7
B. Judge’s Bench 10-7
C. Clerk’s Station 10-9
D. Witness Stand. 10-11
E. Jury Box… 10-12
F. Counsel Tables. 10-13
G. Lectern
H. Display Area
I. Bailiff Station.
J. Court Reporter Station…
K. Defendant’s Station.
L. Public Gallery and Spectator Seating
IV. GENERAL AND JUVENILE AND DOMESTIC RELATIONS
DISTRICT COURTROOMG… 210-17
A. Hearing Rooms. 10-18
B. Conference Rooms. 10-19
C. Witness Waiting Room 10-19
D. Attorney-Client Conference Room… 10-20
V. JURY OPERATIONS 10-21
A. Jury Deliberation Room… 10-21
B. Jury Assembly 10-22
C. Grand Jury Room. 10-24
VI. JUDICIAL CHAMBERS. 10-24
VI. COURT REPORTER’S OFFICE…
VIII. CLERK OF COURT.
A. Public Counters
B. Signage…
C._ Staff Work Spaces.
D. Records Storage …
E. Exhibit Storag
F. Office Support Space:
G. Technology Considerations …
IX. COMMONWEALTH ATTORNEY…
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

TABLE OF CONTENTS  PAGE vii
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
X. PRISONER HOLDING AND TRANSPORTATION … 10-39
A. Vehicular Sally Port … 10-39
B. Central Prisoner Holding … 10-40
C. Court Floor Holding Areas … 10-42
D. Juvenile Holding Facility … 10-42
XI. MAGISTRATES … 10-43
XII. SPECIAL SERVICES AND RELATED JUSTICE AGENCIES … 10-46
A. Probation and Court Services … 10-46
B. Attorney Lounge … 10-46
C. Law Library … 10-47
D. Victim Witness … 10-48
E. Interpreters and Services for Limited English Proficiency … 10-49
F. Pro Se Litigants/Self – represented Litigants … 10-51
G. Press and News Media Accommodations … 10-51
H. Police Waiting/ Workroom … 10-52
XIII. PUBLIC SERVICES … 10-52
A. Lobby … 10-52
B. Central Security Control Office in Lobby … 10-53
C. Food Service … 10-53
D. Building Support Services … 10-53
XIV. PROGRAM PARKING - JUDGES, ELECTED OFFICIALS … 10-54
GLOSSARY OF COURTHOUSE PLANNING AND DESIGN TERMS … Glossary-1
SELECTED BIBLIOGRAPHY AND REFERENCES FOR COURT

FACILITY PLANNING AND DESIGN … Bibliography-1
VIRGINIA COURTHOUSE FACILITY GUIDELINES
TABLE OF CONTENTS
X. PRISONER HOLDING AND TRANSPORTATION…
A. Vehicular Sally Port. 10-39
B, Central Prisoner Holding … 10-40
C. Court Floor Holding Areas …
D. Juvenile Holding Facility.
XL MAGISTRATES.
XII SPECIAL SERVICES AND RELATED JUSTICE AGENCIES …
A. Probation and Court Services. 10-46
B. Attomey Lounge. 10-46
C. Law Library… 10-47
D… Victim Witness… 10-48
E. Interpreters and Services for Limited English Proficiency. 10-49
F. Pro Se Litigants/Self — represented Litigants. 10-51
G. Press and News Media Accommodations. 10-51
H. Police Waiting/ Workroom…
XIII. PUBLIC SERVICES. 10-52
A. Lobby
B. Central Security Control Office in Lobby 10-53
C. Food Service …
D. Building Support Services
XIV. PROGRAM PARKING - JUDGES, ELECTED OFFICIALS…
GLOSSARY OF COURTHOUSE PLANNING AND DESIGN TERM!
SELECTED BIBLIOGRAPHY AND REFERENCES FOR COURT
FACILITY PLANNING AND DESIGN…
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

INTRODUCTION PAGE Introduction-1
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
INTRODUCTION
Virginia’s stock of courthouses is enormously varied and still contains many buildings
constructed in the early 20th and even during the 19th Century. While many, if not all, of
Virginia’s more populated cities and counties have replaced their aging courthouses (Norfolk,
Virginia Beach, Arlington, Fairfax) many of the Commonwealth’s rural jurisdictions still occupy
aging facilities that are overcrowded and lack the essential features of a modern, efficient court
building. These include features such the separation of public, private/staff, and prisoner
circulation; building entry screening; and the ability to use modern information management and
communications technologies.
These Guidelines were originally developed and published in 1987 and revised slightly in 1999.
They sought to provide some unifying guidance to judges, public officials, and architects to the
planning and design of court facilities for Virginia. Some of the comments made at the time of
the original publication are still relevant today.
 As one of the original thirteen colonies, Virginia has a long judicial tradition that
manifests itself in a substantial number of historic landmark courthouses that are
still in use and that should be preserved when possible.
 Virginia’s population is not evenly distributed and courthouses range in size from
buildings with one courtroom to those such as Fairfax that have as many as 40
courtrooms. The demands on these larger facilities are much different that on the
small rural courthouses, and one solution is not suitable for all. There must be
some flexibility in how these guidelines are applied to both highly urbanized and
small rural courts.
 Among the responsibilities of the Circuit Clerks in Virginia are the recording and
maintenance of land and other records that are often performed by separate
registrars in other states. These functions place the Circuit Clerks in the center of
local public activity and create substantial space and security demands on the
facility.
 The relationship of the Courts to the State and communities they serve create
circumstances that, although not unique to Virginia, merit both consideration and
understanding in any construction or renovation project. Although the Courts are
state courts with judges and staff being paid by the State, the communities they
serve are required by law to provide them “adequate” facilities. As a result it was
not uncommon to find one or more of the Courts sharing a facility with one or
more city or county offices. This is becoming less common as county and city
executive agencies have moved out of the courthouses over the years in favor of
their own administrative type facilities.
 As with courts in other states throughout the country, Virginia has been
automating  nearly all aspects of its judicial operations and making greater use of
such technologies as digital records keeping, automated case management, video
VIRGINIA COURTHOUSE FACILITY GUIDELINES
INTRODUCTION PAGE Introduction-1
INTRODUCTION
Virginia’s stock of courthouses is enormously varied and still contains many buildings
constructed in the early 20th and even during the 19th Century. While many, if not all, of
Virginia’s more populated cities and counties have replaced their aging courthouses (Norfolk,
Virginia Beach, Arlington, Fairfax) many of the Commonwealth’s rural jurisdictions still occupy
aging facilities that are overcrowded and lack the essential features of a modem, efficient court
building. These include features such the separation of public, private/staff, and prisoner
circulation; building entry screening; and the ability to use modern information management and
communications technologies.
These Guidelines were originally developed and published in 1987 and revised slightly in 1999.
They sought to provide some unifying guidance to judges, public officials, and architects to the
planning and design of court facilities for Virginia. Some of the comments made at the time of
the original publication are still relevant today.
= As one of the original thirteen colonies, Virginia has a long judicial tradition that
manifests itself in a substantial number of historic landmark courthouses that are
still in use and that should be preserved when possible,
= Virginia’s population is not evenly distributed and courthouses range in size from
buildings with one courtroom to those such as Fairfax that have as many as 40
courtrooms. The demands on these larger facilities are much different that on the
small rural courthouses, and one solution is not suitable for all. There must be
some flexibility in how these guidelines are applied to both highly urbanized and
small rural courts.
= Among the responsibilities of the Circuit Clerks in Virginia are the recording and
maintenance of land and other records that are often performed by separate
registrars in other states. These functions place the Circuit Clerks in the center of
local public activity and create substantial space and security demands on the
facility.
= The relationship of the Courts to the State and communities they serve create
circumstances that, although not unique to Virginia, merit both consideration and
understanding in any construction or renovation project. Although the Courts are
state courts with judges and staff being paid by the State, the communities they
serve are required by law to provide them “adequate” facilities. As a result it was
not uncommon to find one or more of the Courts sharing a facility with one or
more city or county offices. This is becoming less common as county and city
executive agencies have moved out of the courthouses over the years in favor of
their own administrative type facilities.
= As with courts in other states throughout the country, Virginia has been
automating nearly all aspects of its judicial operations and making greater use of
such technologies as digital records keeping, automated case management, video
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

INTRODUCTION PAGE Introduction-2
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
conferencing, and audio visual presentation systems in the courtroom. All new
construction must provide the wiring and cabling and building infrastructure
needed to accommodate not only today’s technologies but also those to tomorrow.
As the name implies, these are guidelines, not minimum standards. They represent “best
practices”. Because the size, caseload, and location of Virginia’s courts vary widely as do the
financial resources local governments have at their disposal, the guidelines should not be applied
the same in all situations. Their application should allow for flexibility in how they are
implemented.
Finally, the guidelines are intended for a varied audience with differing levels of expertise in
courts and building design. First and foremost they are design to assist judges and court officials
by providing them with the necessary information they need to assess their facilities and address
remedies with their local governing bodies. Next, they are meant to provide local officials and
design professionals who may not be familiar with the unique facility requirements of courts
with information they need to understand court operations and their space and building
requirements.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
INTRODUCTION PAGE Introduction-2
conferencing, and audio visual presentation systems in the courtroom. All new
construction must provide the wiring and cabling and building infrastructure
needed to accommodate not only today’s technologies but also those to tomorrow.
As the name implies, these are guidelines, not minimum standards. They represent “best
practices”. Because the size, caseload, and location of Virginia’s courts vary widely as do the
financial resources local governments have at their disposal, the guidelines should not be applied
the same in all situations. Their application should allow for flexibility in how they are
implemented.
Finally, the guidelines are intended for a varied audience with differing levels of expertise in
courts and building design. First and foremost they are design to assist judges and court officials
by providing them with the necessary information they need to assess their facilities and address
remedies with their local governing bodies. Next, they are meant to provide local officials and
design professionals who may not be familiar with the unique facility requirements of courts
with information they need to understand court operations and their space and building
requirements.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

VIRGINIA COURT ORGANIZATION  PAGE 1-1
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
CHAPTER 1 -  VIRGINIA COURT ORGANIZATION
The historic and ongoing presence of the judicial system in the fabric of Virginia life is most
readily visible through the presence of the local courthouse. And while judicial presence is a
constant, the ways in which the courts are organized has changed over the years. To meet the
demands of a growing and shifting population, changes in the courts’ jurisdiction, procedures,
supervision and management, and in the use of technology occur.
The organization of Virginia’s courts today illustrates the results of these changes. Virginia has a
four tiered court system composed of district courts, circuit courts, a court of appeals, and a
supreme court. In addition, magistrates serve as judicial officers with authority to issue various
types of processes. The courts are organized into 31 judicial circuits and 32 similar judicial
districts. The counties and cities served by the circuit and district courts must provide facilities
for these courts. Legislation requires that these facilities be owned and not leased.
I. SUPREME COURT
The Supreme Court was founded in 1779 and exercises both original and appellate
jurisdiction. The Chief Justice has responsibility for the overall supervision of the Virginia
VIRGINIA COURTHOUSE FACILITY GUIDELINES
VIRGINIA COURT ORGANIZATION PAGE 1-1
CHAPTER 1 - VIRGINIA COURT ORGANIZATION
The historic and ongoing presence of the judicial system in the fabric of Virginia life is most
readily visible through the presence of the local courthouse. And while judicial presence is a
constant, the ways in which the courts are organized has changed over the years. To meet the
demands of a growing and shifting population, changes in the courts’ jurisdiction, procedures,
supervision and management, and in the use of technology occur.
Supreme Court
of Virginia
Executive Secretary
Court of Appeals Magistrate
System
Circuit Courts
Juvenile & Domestic
General District Courts Relations District
Courts
‘The organization of Virginia’s courts today illustrates the results of these changes. Virginia has a
four ticred court system composed of district courts, circuit courts, a court of appeals, and a
supreme court. In addition, magistrates serve as judicial officers with authority to issue various
types of processes. The courts are organized into 31 judicial circuits and 32 similar judicial
districts. The counties and cities served by the circuit and district courts must provide facilities
for these courts. Legislation requires that these facilities be owned and not leased.
I. SUPREME COURT
The Supreme Court was founded in 1779 and exercises both original and appellate
jurisdiction. The Chief Justice has responsibility for the overall supervision of the Virginia
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

VIRGINIA COURT ORGANIZATION  PAGE 1-2
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
judicial system. The seven justices of the Supreme Court generally sit in Richmond in the
Supreme Court Building. These facilities are provided by the state.
II. COURT OF APPEALS
In 1983, the General Assembly created an intermediate court of appeals, effective January
1, 1985. It consists of 11 judges who sit in panels of at least three. The Court of Appeals
provides for intermediate appellate review of all circuit court decisions in traffic infractions
and criminal cases, except where a sentence of death has been imposed; circuit court
decisions involving domestic relations matters; and circuit court decisions arising out of
administrative agency appeals. It also hears appeals from decisions of the Workers
Compensation Commission. While appeals in criminal and traffic infraction cases are
presented by a petition for appeal, most other appeals to the Court of Appeals are as a
matter of right. The Court of Appeals also has original jurisdiction to issue writs of
mandamus, prohibition, and habeas corpus in any cases over which the court would have
appellate jurisdiction, and writs of actual innocence based on non-biological evidence.
The Court of Appeals sits at such locations as the chief judge designates. The panels
regularly use circuit court courtrooms within the state.
III. CIRCUIT COURTS
Virginia’s general jurisdiction trial court is the circuit court. In civil cases involving $4,500
to $25,000, circuit courts have concurrent jurisdiction with the general district courts. They
have exclusive jurisdiction in matters involving over $25,000. Equity matters, claims
seeking a judgment for something other than money (such as adoptions or divorce), are also
heard in the circuit courts.
In criminal cases, the circuit court has jurisdiction over the trial of all felonies and of those
misdemeanors originally charged in circuit court. The circuit court also has jurisdiction
over juveniles aged fourteen and older who are charged with felonies and whose cases have
been certified by the judge of a juvenile and domestic relations district court for trial in a
circuit court.
Appeals from district courts are heard de novo (completely new) by the circuit courts, as are
appeals from certain administrative agencies.
Jury trials may be held in the circuit court. Citizens who might otherwise not have contact
with the courts may find themselves called to jury duty in the circuit courts.
The clerk of the circuit court is a constitutional official and is elected to an eight-year term
by the voters of the locality. The clerk handles administrative matters for the court, has
authority to probate wills, grant administration of estates, appoint guardians, and serves as
the custodian of the court records. Citizens may visit the clerk’s office for many reasons,
including recording deeds and applying for marriage licenses.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
VIRGINIA COURT ORGANIZATION PAGE 1-2
I.
judicial system. The seven justices of the Supreme Court generally sit in Richmond in the
Supreme Court Building. These facilities are provided by the state.
COURT OF APPEALS:
In 1983, the General Assembly created an intermediate court of appeals, effective January
1, 1985. It consists of 11 judges who sit in panels of at least three. The Court of Appeals
provides for intermediate appellate review of all circuit court decisions in traffic infractions
and criminal cases, except where a sentence of death has been imposed; circuit court
decisions involving domestic relations matters; and circuit court decisions arising out of
administrative agency appeals. It also hears appeals from decisions of the Workers
Compensation Commission. While appeals in criminal and traffic infraction cases are
presented by a petition for appeal, most other appeals to the Court of Appeals are as a
matter of right. The Court of Appeals also has original jurisdiction to issue writs of
mandamus, prohibition, and habeas corpus in any cases over which the court would have
appellate jurisdiction, and writs of actual innocence based on non-biological evidence.
The Court of Appeals sits at such locations as the chief judge designates. The panels
regularly use circuit court courtrooms within the state.
CIRCUIT COURTS
Virginia’s general jurisdiction trial court is the circuit court. In civil cases involving $4,500
to $25,000, circuit courts have concurrent jurisdiction with the general district courts. They
have exclusive jurisdiction in matters involving over $25,000. Equity matters, claims
seeking a judgment for something other than money (such as adoptions or divorce), are also
heard in the circuit courts.
In criminal cases, the circuit court has jurisdiction over the trial of all felonies and of those
misdemeanors originally charged in circuit court. The circuit court also has jurisdiction
over juveniles aged fourteen and older who are charged with felonies and whose cases have
been certified by the judge of a juvenile and domestic relations district court for trial ina
circuit court.
Appeals from district courts are heard de novo (completely new) by the circuit courts, as are
appeals from certain administrative agencies.
Jury trials may be held in the circuit court. Citizens who might otherwise not have contact
with the courts may find themselves called to jury duty in the circuit courts.
The clerk of the circuit court is a constitutional official and is elected to an eight-year term
by the voters of the locality. The clerk handles administrative matters for the court, has
authority to probate wills, grant administration of estates, appoint guardians, and serves as
the custodian of the court records. Citizens may visit the clerk’s office for many reasons,
including recording deeds and applying for marriage licenses.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

VIRGINIA COURT ORGANIZATION  PAGE 1-3
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
IV. DISTRICT COURTS
In 1973, creation of a unified district court system replaced a number of municipal and
county courts throughout the state. Each city and county has both a general district and a
juvenile and domestic relations district court, although many smaller cities and counties
have a combined clerk’s office that serves both courts.
The general district court hears all criminal cases involving misdemeanors under state law
and offenses that are violations of ordinances, laws, and by-laws of the county or city where
the court is located. A misdemeanor is any charge that carries a penalty of up to one year in
jail or a fine of up to $2,500, or both.
The general district courts also conduct preliminary hearings for felonies. Jurisdiction in
traffic matters extends to all cases in which an adult is charged with a traffic offense.

General district courts have exclusive civil jurisdiction in matters involving up to $4,500,
and concurrent civil jurisdiction with the circuit courts in suits involving amounts between
$4,500 and $25,000. A separate small claims division has jurisdiction over civil actions
when the amount claimed does not exceed $5,000. The chief judge of the district court may
elect to establish divisions within the court, although few districts have exercised this
option. The district courts do not conduct jury trials.
Juvenile and domestic relations district courts have exclusive original jurisdiction over
matters and proceedings involving juveniles and families, except for adoption and divorce,
which are handled by the circuit courts. Courtroom attendance for matters heard in these
courts is generally restricted to those persons involved in the proceedings. These courts
handle cases involving:
 Juvenile delinquency and status offenses
 Juveniles accused of traffic violations
 Children in need of services or supervision
 Children subjected to abuse or neglect
 Children who are abandoned or without parental guardianship
 Foster care and entrustment agreements
 Children for whom relief of custody or termination of parental rights is requested
 Adults accused of child abuse or neglect, or of offenses against family or household
members
 Adults involved in disputes concerning the custody, visitation or support of a child
 Spousal support
 Minors seeking emancipation or work permits
 Court-ordered rehabilitation services
 Court consent for certain medical treatments
VIRGINIA COURTHOUSE FACILITY GUIDELINES
VIRGINIA COURT ORGANIZATION PAGE 1-3
IV. DISTRICT COURTS
In 1973, creation of a unified district court system replaced a number of municipal and
county courts throughout the state, Each city and county has both a general district and a
juvenile and domestic relations district court, although many smaller cities and counties
have a combined clerk’s office that serves both courts.
The general district court hears all criminal cases involving misdemeanors under state law
and offenses that are violations of ordinances, laws, and by-laws of the county or city where
the court is located. A misdemeanor is any charge that carries a penalty of up to one year in
jail ora fine of up to $2,500, or both.
The general district courts also conduct preliminary hearings for felonies. Jurisdiction in
traffic matters extends to all cases in which an adult is charged with a traffic offense.
General district courts have exclusive civil jurisdiction in matters involving up to $4,500,
and concurrent civil jurisdiction with the circuit courts in suits involving amounts between
$4,500 and $25,000. A separate small claims division has jurisdiction over civil actions
when the amount claimed does not exceed $5,000. The chief judge of the district court may
elect to establish divisions within the court, although few districts have exercised this
option. The district courts do not conduct jury trials.
Juvenile and domestic relations district courts have exclusive original jurisdiction over
matters and proceedings involving juveniles and families, except for adoption and divorce,
which are handled by the circuit courts. Courtroom attendance for matters heard in these
courts is generally restricted to those persons involved in the proceedings. These courts
handle cases involving:
= Juvenile delinquency and status offenses
= Juveniles accused of traffic violations


Children in need of services or supervision
= Children subjected to abuse or neglect


Children who are abandoned or without parental guardianship


= Foster care and entrustment agreements

Children for whom relief of custody or termination of parental rights is requested

= Adults accused of child abuse or neglect, or of offenses against family or household
members
= Adults involved in disputes concerning the custody, visitation or support of a child
= Spousal support
= Minors seeking emancipation or work permits
= Court-ordered rehabilitation services
= Court consent for certain medical treatments
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

VIRGINIA COURT ORGANIZATION  PAGE 1-4
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Juvenile and domestic relations district courts differ from other courts in their duty to
protect the confidentiality and privacy of juveniles and their families who have legal
matters before the court. In addition to protecting the public and holding delinquent
juveniles accountable, the court considers services needed to provide for rehabilitation.
Like the general district court, this court does not conduct jury trials.
V. MAGISTRATES
Since 1974, the principal function of the magistrate in the Virginia judicial system has been
to provide an independent, unbiased review of complaints brought by police officers,
sheriffs, deputies, and citizens. In each city and county in Virginia, the position of the
magistrate represents a key point of interface between the judicial system and the citizenry.
Magistrates perform work that is highly interactive, as well as paper and procedure-
intensive. The work involves conducting judicial hearings in response to requests from law
enforcement officials, privately employed security guards, and citizens. These judicial
hearings may be conducted in the presence of both the complainant and the accused as well
as by video conference. Magistrates conduct interviews with complaining parties, the
accused, and other appropriate persons to obtain the facts necessary to establish probable
cause or to determine committal/release. Magistrates preside over the judicial hearings,
maintain order and proper decorum, administer oaths, define issues, interpret and explain
pertinent laws, take testimony, question parties, and issue legal processes.
Among their many responsibilities Magistrates issue arrest and search warrants, admit to
bail or commit to jail, issue subpoenas, administer oaths, accept prepayments for traffic and
certain minor misdemeanor offenses, issue emergency custody orders, issue civil, criminal,
and medical emergency temporary detention orders, and issue emergency protective orders.
In addition, magistrates provide general information on judicial processes and procedures.
Magistrates are called upon to determine whether there is probable cause to deny persons
their liberty – taking into account such factors as the evidence brought before them, the
seriousness of the accusation, and the potential danger to society or to the accused. These
judicial hearings may be conducted with the arrestee on site or by video conference with the
arrestee located at a remote site such as a jail or police station.
Virginia is divided into eight magisterial regions comprised of between three and five
judicial districts. A chief magistrate supervises the magistrates serving within each judicial
district. Each region has a regional magistrate supervisor who provides direct supervision to
the chief magistrates. Each magistrate is authorized to exercise his or her powers
throughout the magisterial region for which he or she is appointed. Magistrates provide
services on an around-the-clock basis, seven days a week, conducting judicial hearings in
person and through videoconferencing systems.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
VIRGINIA COURT ORGANIZATION PAGE 1-4
Juvenile and domestic relations district courts differ from other courts in their duty to
protect the confidentiality and privacy of juveniles and their families who have legal
matters before the court. In addition to protecting the public and holding delinquent
juveniles accountable, the court considers services needed to provide for rehabilitation.
Like the general district court, this court does not conduct jury trials.
MAGISTRATES
Since 1974, the principal function of the magistrate in the Virginia judicial system has been
to provide an independent, unbiased review of complaints brought by police officers,
sheriffs, deputies, and citizens. In each city and county in Virginia, the position of the
magistrate represents a key point of interface between the judicial system and the citizenry.
Magistrates perform work that is highly interactive, as well as paper and procedure-
intensive, The work involves conducting judicial hearings in response to requests from law
enforcement officials, privately employed security guards, and citizens. These judicial
hearings may be conducted in the presence of both the complainant and the accused as well
as by video conference. Magistrates conduct interviews with complaining parties, the
accused, and other appropriate persons to obtain the facts necessary to establish probable
cause or to determine committal/release. Magistrates preside over the judicial hearings,
maintain order and proper decorum, administer oaths, define issues, interpret and explain
pertinent laws, take testimony, question parties, and issue legal processes.
Among their many responsibilities Magistrates issue arrest and search warrants, admit to
bail or commit to jail, issue subpoenas, administer oaths, accept prepayments for traffic and
certain minor misdemeanor offenses, issue emergency custody orders, issue civil, criminal,
and medical emergency temporary detention orders, and issue emergency protective orders.
In addition, magistrates provide general information on judicial processes and procedures.
Magistrates are called upon to determine whether there is probable cause to deny persons
their liberty – taking into account such factors as the evidence brought before them, the
seriousness of the accusation, and the potential danger to society or to the accused. These
judicial hearings may be conducted with the arrestee on site or by video conference with the
arrestee located at a remote site such as a jail or police station.
Virginia is divided into eight magisterial regions comprised of between three and five
judicial districts. A chief magistrate supervises the magistrates serving within each judicial
district. Each region has a regional magistrate supervisor who provides direct supervision to
the chief magistrates. Each magistrate is authorized to exercise his or her powers
throughout the magisterial region for which he or she is appointed. Magistrates provide
services on an around-the-clock basis, seven days a week, conducting judicial hearings in
person and through videoconferencing systems.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-1
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
CHAPTER 2 -  COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION
The success of any long term renovation or construction project depends upon several factors
that include: 1) The development of a strategic planning process, 2) Good communication among
the stakeholders and the public, 3) Development of consensus, and 4) Strong project
management.
Most courthouse projects go through five phases beginning with the initial identification of a
need for new or improved facilities through design, construction and, finally, occupancy. The
following provides an overview of each of the typical project stages, beginning with preparation
of a needs assessment and evaluation of current facilities through occupancy. The road is not
always a straight one and there may be many starts and stops along the way. Changing
conditions, growth rates, and operational environment (as well as funding problems) all may
necessitate revisions to the original plan and require additional planning. It is essential, however,
that the planning stages of the project not be side stepped. Changes in project scope at this point
are relatively inexpensive, while changes and alterations later on during design and even
construction are much more expensive.
I. GETTING STARTED
The first phase of any courthouse project should be planning. It is during this step that the
project and scope are defined. The need is identified and documented and a decision made
as to what type of project is needed. Is it a minor remodel or a major renovation? Is more
space needed that requires an addition?
Or, are the needs so great that an entirely new building is needed? Options are defined and
evaluated and finally consensus is reached on a solution. It is also during this phase that a
preliminary project budget and construction costs are identified. If it is to be a new building
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-1
CHAPTER 2 - COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION
The success of any long term renovation or construction project depends upon several factors
that include: 1) The development of a strategic planning process, 2) Good communication among
the stakeholders and the public, 3) Development of consensus, and 4) Strong project
management.
Most courthouse projects go through five phases beginning with the initial identification of a
need for new or improved facilities through design, construction and, finally, occupancy. The
following provides an overview of each of the typical project stages, beginning with preparation
ofa needs assessment and evaluation of current facilities through occupancy. The road is not
always a straight one and there may be many starts and stops along the way. Changing
conditions, growth rates, and operational environment (as well as funding problems) all may
necessitate revisions to the original plan and require additional planning. It is essential, however,
that the planning stages of the project not be side stepped. Changes in project scope at this point
are relatively inexpensive, while changes and alterations later on during design and even
construction are much more expensive.
“mre men i comaton -
sNeedsAssessment + Schematic Design PrecBid Conferences + Construction + Staff Assignments
pal
‘Resource Evaluation * Design Development + Bid Evaluation ‘Aaministrtion + Operation Policies,
‘Implementation fan + Construction Documents” & Aware + Change Orders * Special Training

Arenitectural + Value Engineering + Project Close-Out

Programming
Project Phases and Tasks
Pepaeay HOR
I. GETTING STARTED
The first phase of any courthouse project should be planning. It is during this step that the
project and scope are defined. The need is identified and documented and a decision made
as to what type of project is needed. Is it a minor remodel or a major renovation? Is more
space needed that requires an addition?
Steps in the Typical Planning Process
Or, are the needs so great that an entirely new building is needed? Options are defined and
evaluated and finally consensus is reached on a solution. It is also during this phase that a
preliminary project budget and construction costs are identified. If it is to be a new building
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-2
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
a site will be selected. If the issues are clear cut this stage may proceed quickly but often a
long time is required before consensus can be reached on the proper solution and issues of
financing can be resolved.
A. Planning Oversight Committee
It is recommended that early in the planning process a Planning Committee be formed
to provide advice and input into the development of needs and planning options, and
to provide guidance throughout the project. The most successful committees include
representatives from the major stakeholders in the justice system as well as the local
governing body.
The committee may or may not be given
formal authority to make decisions; it
may, for instance, act only as an advisory
panel to the local governing body or
funding authority. The committee would
typically include some or all of the
following:
o Judge of the circuit court;
o Judge of the general district court;
o Judge of the juvenile and domestic
relations district court;
o Clerks of each of the above courts;
o Sheriff
o Commonwealth Attorney
o Representatives of the local public works department, the city manager or
county administrator.
Others who might be included are a member of the board of supervisors or city
council, the chief magistrate, representative of the local bar association, and perhaps a
member of the public.
Each of the committee members should be familiar with the operations, personnel,
and space requirements of the court, department, or office they represent and should
be authorized to speak on their behalf. It is also essential that the committee members
serve for the duration of the project in order to avoid the disruption that may result
from the appointment of new members who are not familiar with the reasons for
previous decisions.
The committee should prepare a description of the present facilities and document its
deficiencies. This should include an inventory the number and types of spaces within
the courthouse, such as courtrooms, offices, jury and public areas, etc., and their
approximate area, and a detailed description of current problems, inadequacies,
deficiencies, and bottlenecks. Members of the committee, or their representatives,
Advisory Committee Relationships
Planners
Project
Manager
Courts/Users
Funding
Authority
Bar
Association
Citizens
Owners
Architects
/Engineers
Advisory
Committee
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-2
a site will be selected. If the issues are clear cut this stage may proceed quickly but often a
long time is required before consensus can be reached on the proper solution and issues of
financing can be resolved.
A. Planning Oversight Committee
Itis recommended that early in the planning process a Planning Committee be formed
to provide advice and input into the development of needs and planning options, and
to provide guidance throughout the project. The most successful committees include
representatives from the major stakeholders in the justice system as well as the local
overning body.
ge ig body. rset
5 Manager
The committee may or may not be given 7 cre
formal authority to make decisions; it emer CourtsiUsers
may, for instance, act only as an advisory
panel to the local governing body or
f , f Arcitets Fund
funding authority. The committee would EMEC. « > fing
typically include some or all of the
following:
4 Bar
sircuit c Owners
© Judge of the circuit court; a Association
© Judge of the general district court; Citizens
© Judge of the juvenile and domestic
relations district court;
Clerks of each of the above courts; Advisory Committee Relationships
Sheriff
Commonwealth Attorney
Representatives of the local public works department, the city manager or
county administrator.
0000
Others who might be included are a member of the board of supervisors or city
council, the chief magistrate, representative of the local bar association, and perhaps a
member of the public,
Each of the committee members should be familiar with the operations, personnel,
and space requirements of the court, department, or office they represent and should
be authorized to speak on their behalf. It is also essential that the committee members
serve for the duration of the project in order to avoid the disruption that may result
from the appointment of new members who are not familiar with the reasons for
previous decisions.
The committee should prepare a description of the present facilities and document its
deficiencies. This should include an inventory the number and types of spaces within
the courthouse, such as courtrooms, offices, jury and public areas, etc., and their
approximate area, and a detailed description of current problems, inadequacies,
deficiencies, and bottlenecks. Members of the committee, or their representatives,
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-3
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Construction
Site Work and Utilities
Architect and Engineering Fees
Construction Management
Land Acquisition
Furniture and Fixtures
Telephone/Networks/Security Systems
Quality Control
Computers and othe IT Equipment
Audio Visual Equipment
Permits and Fees
Value Engineering
Other Costs
Contingency
should be able to compile much of this information on their own. Non-committee
members, such as operating personnel and local attorneys, may be interviewed for
their input and ideas. The clerks of the respective courts generally have the broadest
perspective of the various operations of the courthouse, and should be consulted as to
the particular problems in their court.
B. Planning Consultant and Architect
While it is not essential that an outside planning consultant or architect be hired at
this point, in larger projects it might be desirable to have an outside expert familiar
with court planning, forecasting, and space planning to provide guidance and
assistance.
It may be necessary for the funding agency to make an initial appropriation to cover
the committee’s expenses and early project planning costs, including the possible
employment of the planning consultant or architect. This will ensure that the
committee will have the necessary professional assistance, and that its preliminary
work will provide a sound basis for determining the best alternative to pursue.
C. Preliminary Budget
Regardless of whether the decision is to renovate, enlarge, or construct a new
building, the availability of funds for the project is critical and an understanding of all
of the costs involved is essential for good decision making. The local funding
authority or governing body may have the expertise to make preliminary estimates of
project and construction costs. In larger
protects, the committee or local governing body
may want to hire a cost consultant at this point
to provide estimates of total project costs. Any
architect hired later on to prepare schematic and
conceptual designs will need a preliminary
budget figure from which to work.
D. Factors Affecting Construction Cost
When preparing or reviewing cost estimates it
should be kept in mind that courthouse
construction is more complex and costly than
the construction of the typical office building.

Among the factors that affect courthouse
construction costs are:
o Large bay sizes needed to provide
column free courtroom space
o Higher ceiling heights to create proper
proportions in courtrooms
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-3
should be able to compile much of this information on their own. Non-committee
members, such as operating personnel and local attorneys, may be interviewed for
their input and ideas. The clerks of the respective courts generally have the broadest
perspective of the various operations of the courthouse, and should be consulted as to
the particular problems in their court.
B. Planning Consultant and Architect
While it is not essential that an outside planning consultant or architect be hired at
this point, in larger projects it might be desirable to have an outside expert familiar
with court planning, forecasting, and space planning to provide guidance and
assistance.
It may be necessary for the funding agency to make an initial appropriation to cover
the committee’s expenses and early project planning costs, including the possible
employment of the planning consultant or architect. This will ensure that the
committee will have the necessary professional assistance, and that its preliminary
work will provide a sound basis for determining the best alternative to pursue.
C. Preliminary Budget
Regardless of whether the decision is to renovate, enlarge, or construct a new
building, the availability of funds for the project is critical and an understanding of all
of the costs involved is essential for good decision making. The local funding
authority or governing body may have the expertise to make preliminary estimates of
project and construction costs. In larger
protects, the committee or local governing body
may want to hire a cost consultant at this point
to provide estimates of total project costs. Any
architect hired later on to prepare schematic and
conceptual designs will need a preliminary
budget figure from which to work.
D. Factors Affecting Construction Cost
When preparing or reviewing cost estimates it
should be kept in mind that courthouse
construction is more complex and costly than
the construction of the typical office building.
Among the factors that affect courthouse
construction costs are:
© Large bay sizes needed to provide
column free courtroom space
© Higher ceiling heights to create proper
proportions in courtrooms.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-4
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
o Specialized acoustical requirements to insure audibility in litigation spaces
and to isolate sensitive areas such as jury rooms, prisoner holding areas, and
judicial chambers from noise
o Extensive security provisions to assure the safety of the public, public records,
and judges and staff.
o Additional circulation space to provide for the separation of public, staff, and
in-custody defendants well as to accommodate the large number of visitors
o Holding cells for in-custody detainees
o Specialized HVAC requirements to minimize vibration and noise, and to
provide flexibility in control of courtrooms

o Specialized millwork in courtrooms, and
o Special design features and materials to support the importance of the
structure and to convey the appropriate image of justice.
E. Public Support
It is important to keep the public and other interested parties informed during the
planning process. There are several things the committee and planners can do, such as
to make information available on the various options being considered in order to
invite public comment. Presentations might be given to the local bar association and
civic groups, and continuing information given to the local press and other media.
Providing information to the public is essential throughout the planning process and
may consist of planning reports, public hearings, presentations by the planners or
architects, the construction of scale models of the site and proposed building, and
conceptual design sketches.
It may be advantageous to form a small special committee to handle public relations
for the project and to make special presentations to interested civic groups and the bar
association.
II. SHOULD WE RENOVATE?1
At some point in the life of the courthouse it becomes time to decide whether to keep the
old structure in use through some type of improvement project, whether it be an addition or
renovation, or to replace the courthouse with a new purpose designed facility. Depending
on the age of the building, its physical integrity, its functionality, its architectural or
historical interest or importance, and the feelings of the community toward the courthouse
the issue can quickly become controversial.
The project may involve the addition of new space, either for a new courtroom or support
functions, retrofitting existing space for courtrooms, and upgrading building systems. Even
when there is a planned addition to the building, renovation of the existing facility is
desirable in order to have the new and the old work together. This may mean that the entire
1 Some materials are adapted from J. Mac Gregor Smith, series editor.  National Clearinghouse for Criminal Justice
Planning and Architecture.  “Trial Court Facility,” Monograph B5 in the: Guidelines for the Planning and Design of
State Court Programs and Facilities (Champaign, IL: University of Illinois, 1976.)
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-4
© Specialized acoustical requirements to insure audibility in litigation spaces
and to isolate sensitive areas such as jury rooms, prisoner holding areas, and
judicial chambers from noise
© Extensive security provisions to assure the safety of the public, public records,
and judges and staff.
© Additional circulation space to provide for the separation of public, staff, and
in-custody defendants well as to accommodate the large number of visitors
© Holding cells for in-custody detainees
© Specialized HVAC requirements to minimize vibration and noise, and to.
provide flexibility in control of courtrooms
©. Specialized millwork in courtrooms, and
© Special design features and materials to support the importance of the
structure and to convey the appropriate image of justice.
E. Public Support
It is important to keep the public and other interested parties informed during the
planning process. There are several things the committee and planners can do, such as
to make information available on the various options being considered in order to
invite public comment. Presentations might be given to the local bar association and
civic groups, and continuing information given to the local press and other media.
Providing information to the public is essential throughout the planning process and
may consist of planning reports, public hearings, presentations by the planners or
architects, the construction of scale models of the site and proposed building, and
conceptual design sketches
It may be advantageous to form a small special committee to handle public relations
for the project and to make special presentations to interested civic groups and the bar
association.
Il. SHOULD WE RENOVATE?!
At some point in the life of the courthouse it becomes time to decide whether to keep the
ld structure in use through some type of improvement project, whether it be an addition or
renovation, or to replace the courthouse with a new purpose designed facility. Depending
on the age of the building, its physical integrity, its functionality, its architectural or
historical interest or importance, and the feelings of the community toward the courthouse
the issue can quickly become controversial
The project may involve the addition of new space, either for a new courtroom or support
functions, retrofitting existing space for courtrooms, and upgrading building systems. Even
when there is a planned addition to the building, renovation of the existing facility is
desirable in order to have the new and the old work together. This may mean that the entire
" Some materials are adapted from J. Mac Gregor Smith, series editor. National Clearinghouse for Criminal Justice
Planning and Architecture, “Trial Court Facility,” Monograph BS in the: Guidelines for the Planning and Design of
State Court Programs and Facilities (Champaign, IL: University of Illinois, 1976.)
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-5
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
building (new and old) needs to be entirely reorganized in order to achieve the proper
circulation flows, zoning separations, and work adjacencies.
It is important for the courts planner or architect to consider the various alternatives
available, which range from demolition and new construction to preservation of the
courthouse for continued judicial or other use. The first step should include a complete
assessment of the existing building, its space resources, structural condition, and building
systems such as heating, ventilation, lighting, electrical, and plumbing. Often if the building
systems are in fine shape, it is worth reusing the facility, but if major renovation of such
systems is necessary, it may be time to replace the building.
We often refer to “renovation” when talking about changes to an existing facility, in fact
there are several different types of projects often covered by this term:
A. Restoration
“Restoration proposes, through scholarly research and on-site investigation, to return
each portion of the building, including environmental systems, to some date or era —
frequently that of the original construction. The National Trust realizes that this
alternative is generally used only for the most outstanding architectural examples, and
only if the original is reasonably intact. It is also possible that restoration can be
considered for the most significant features of a courthouse, such as a bell tower or
ceremonial courtroom, if not for the entire building.” 2
B. Rehabilitation
“Rehabilitation consists of minor alterations required to bring the building up to
modern planning, environmental control and public safety standards, but have little
major effect on the original fabric. Included are the many long-deferred maintenance
items such as roofing, water proofing, painting, and tuck-pointing. If done with care,
rehabilitation can greatly increase a building’s life and performance, and do little
damage to the historic elements. Examples of rehabilitation include addition of
modern heating, air conditioning or lighting systems, addition of stair towers or
elevators, and inclusion of modern office landscaping plans in the larger spaces.”3
C. Remodeling
“Remodeling is defined by the National Trust as a program which makes important
functional changes to a building, but tends to ignore important historic or
architectural features, removing or replacing these features without evaluating the
significance of their contribution to the character of the building. Examples might be
installation of suspended ceilings or sheet paneling in an ornately decorated
courtroom, bricking up windows or doors, or removing important original features
such as staircases, bell towers, or massive doors.”4
2 Ibid.
3 Ibid.
4 Ibid.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-5
building (new and old) needs to be entirely reorganized in order to achieve the proper
circulation flows, zoning separations, and work adjacencies.
Itis important for the courts planner or architect to consider the various alternatives
available, which range from demolition and new construction to preservation of the
courthouse for continued judicial or other use. The first step should include a complete
assessment of the existing building, its space resources, structural condition, and building
systems such as heating, ventilation, lighting, electrical, and plumbing. Often if the building
systems are in fine shape, it is worth reusing the facility, but if major renovation of such
systems is necessary, it may be time to replace the building.
We often refer to “renovation” when talking about changes to an existing facility, in fact
there are several different types of projects often covered by this term:
A. — Restoration
“Restoration proposes, through scholarly research and on-site investigation, to return
each portion of the building, including environmental systems, to some date or era —
frequently that of the original construction. The National Trust realizes that this
alternative is generally used only for the most outstanding architectural examples, and
only if the original is reasonably intact. It is also possible that restoration can be
considered for the most significant features of a courthouse, such as a bell tower or
ceremonial courtroom, if not for the entire building.” 7
B. _ Rehabilitation
“Rehabilitation consists of minor alterations required to bring the building up to
modern planning, environmental control and public safety standards, but have little
major effect on the original fabric, Included are the many long-deferred maintenance
items such as roofing, water proofing, painting, and tuck-pointing. If done with care,
rehabilitation can greatly increase a building’s life and performance, and do little
damage to the historic elements. Examples of rehabilitation include addition of
modem heating, air conditioning or lighting systems, addition of stair towers or
clevators, and inclusion of modern office landscaping plans in the larger spaces.”*
C. Remodeling
“Remodeling is defined by the National Trust as a program which makes important
functional changes to a building, but tends to ignore important historic or
architectural features, removing or replacing these features without evaluating the
significance of their contribution to the character of the building. Examples might be
installation of suspended ceilings or sheet paneling in an ornately decorated
courtroom, bricking up windows or doors, or removing important original features
such as staircases, bell towers, or massive doors.”*
2 Tid

Ibid.
“Ibid,

Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-6
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
D. Conservation
“Conservation refers to a procedure of restoring the exterior of the building to a stable
condition, and incorporating contemporary court planning techniques and
environmental systems such as heating, lighting and air conditioning, being careful to
integrate the new with the old. Conservation can involve major changes to the interior
of the structure, such as insertion of mezzanine levels in old, high-ceilinged spaces or
capturing additional space from attics or basements that can be made useable by
installation of lighting, ventilation, or air conditioning systems. By careful planning,
even major changes such as these can be accomplished without significantly altering
the original building.”5
The decision of when to “renovate” and when to build new requires consideration of
many factors:
‒ The physical integrity of the existing facility;
‒ The historical or architectural values of the building;
‒ Use of the facility by other offices or functions;
‒ Adherence to local building codes;
‒ Life cycle costs;
‒ Functionality;
‒ Growth of the courts and the building’s continued potential for expansion;
‒ Ability to meet operational needs of the courts;
‒ Ability to comply with accepted court design standards;
‒ Security and safety of the public and building occupants;
‒ Ability to accommodate prisoner custody requirements;
‒ Accessibility requirements; and
‒ Impact on other departments and functions housed in the facility.
Of critical importance to the courts is whether the existing facility can meet court
design guidelines and standards, even when renovated. While some compromises
may need to be made, fundamental issues of public safety, prisoner access and
control, and functionality for court operations should not be sacrificed. When
considering whether courthouse design guidelines can be met it should be kept in
mind that there is often more than one way in which to achieve this. The separation of
public, private, and prisoner circulation is a good example. The standard is not
necessarily three separate circulation systems. The standard to be achieved is the
separation of the public, judges and staff, and prisoners. Usually this is best achieved
through separate circulation, but in some situations this also can be achieved through
operational means.
5 Ibid.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-6
D. Conservation
“Conservation refers to a procedure of restoring the exterior of the building to a stable
condition, and incorporating contemporary court planning techniques and
environmental systems such as heating, lighting and air conditioning, being careful to
integrate the new with the old. Conservation can involve major changes to the interior
of the structure, such as insertion of mezzanine levels in old, high-ceilinged spaces or
capturing additional space from attics or basements that can be made useable by
installation of lighting, ventilation, or air conditioning systems. By careful planning,
even major changes such as these can be accomplished without significantly altering
the original building.”*
The decision of when to “renovate” and when to build new requires consideration of
many factors:
— The physical integrity of the existing facility:
— The historical or architectural values of the building;
— Use of the facility by other offices or functions:
— Adherence to local building codes;
— Life cycle costs;
— Functionality;
— Growth of the courts and the building’s continued potential for expansion;
— Ability to meet operational needs of the courts;
— Ability to comply with accepted court design standards;
— Security and safety of the public and building occupants;
— Ability to accommodate prisoner custody requirements;
— Accessibility requirements; and
— Impact on other departments and functions housed in the facility.
Of critical importance to the courts is whether the existing facility can meet court
design guidelines and standards, even when renovated. While some compromises
may need to be made, fundamental issues of public safety, prisoner access and
control, and functionality for court operations should not be sacrificed. When
considering whether courthouse design guidelines can be met it should be kept in
mind that there is often more than one way in which to achieve this. The separation of
public, private, and prisoner circulation is a good example. The standard is not
necessarily three separate circulation systems. The standard to be achieved is the
separation of the public, judges and staff, and prisoners. Usually this is best achieved
through separate circulation, but in some situations this also can be achieved through
operational means.

Ibid.

Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-7
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
E. Problems Usually Encountered During Renovation
The renovation, or retrofit, of an existing facility for courts (courtrooms, chambers,
and clerks’ offices) typically presents a number of problems and frequently requires
compromises. Among the problems that are likely to be encountered are:
‒ Spaces too small to accommodate properly sized courtrooms or other
functions;
‒ Low floor to ceiling heights for courtrooms;
‒ Inability to achieve proper adjacencies, such as between courtrooms and
jury deliberation rooms;
‒ No logical location for an addition that permits circulation systems to
work efficiently;
‒ Inadequate electrical, plumbing, and HVAC systems requiring extensive
upgrades;
‒ Hidden problems such as asbestos;
‒ Need to make renovated spaces handicapped accessible;

‒ Need to provide temporary space in which to house the courts during
construction; and
‒ Difficulty in providing proper security in the building;
Probably the most critical issues are those related to finding adequate spaces in which
to build properly sized and designed courtrooms, the need for proper adjacencies, and
the need to provide a minimum level of security and safety within the building. Too
often renovation or retrofit projects result in courtrooms that are too narrow, too
small, lack the proper floor to ceiling heights, lack safe prisoner access; lack adequate
litigation space, and/or lack necessary public waiting and attorney conference areas.
Among the questions that must be asked early in any project that contemplates the
reuse of existing facilities or locating courts in a facility other than one designed as a
courthouse, are:
‒ Are there spaces large enough and suitable for courtrooms?
‒ Where will prisoners enter the building and can they reach the courtrooms
without having to be escorted through public or private corridors and work
areas?
‒ Can the facility accommodate three circulation systems (public, private,
and prisoner) and zones?
‒ Can the building be made secure? and
‒ Are the main building systems (electrical, plumbing, HVAC) sound?
F. Can Another Type Facility Be Used for Courts?
While it is most common for renovation projects to involve the courthouse, it is not
uncommon for consideration to be given to retrofitting other types of facilities for
court use. The most common type facility are general office buildings, but schools,
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-7
E.
Problems Usually Encountered During Renovation
The renovation, or retrofit, of an existing facility for courts (courtrooms, chambers,
and clerks” offices) typically presents a number of problems and frequently requires
compromises. Among the problems that are likely to be encountered are:
— Spaces too small to accommodate properly sized courtrooms or other
functions;
— Low floor to ceiling heights for courtrooms;
—_ Inability to achieve proper adjacencies, such as between courtrooms and
jury deliberation rooms;
— No logical location for an addition that permits circulation systems to
work efficiently;
— Inadequate electrical, plumbing, and HVAC systems requiring extensive
upgrades;
—_ Hidden problems such as asbestos;
—_ Need to make renovated spaces handicapped accessible;
—_ Need to provide temporary space in which to house the courts during
construction; and
—_ Difficulty in providing proper security in the building;
Probably the most critical issues are those related to finding adequate spaces in which
to build properly sized and designed courtrooms, the need for proper adjacencies, and
the need to provide a minimum level of security and safety within the building. Too
often renovation or retrofit projects result in courtrooms that are too narrow, too
small, lack the proper floor to ceiling heights, lack safe prisoner access; lack adequate
litigation space, and/or lack necessary public waiting and attorney conference areas.
Among the questions that must be asked early in any project that contemplates the
reuse of existing facilities or locating courts in a facility other than one designed as a
courthouse, are:
—_ Are there spaces large enough and suitable for courtrooms?
— Where will prisoners enter the building and can they reach the courtrooms
without having to be escorted through public or private corridors and work
areas?
— Can the facility accommodate three circulation systems (public, private,
and prisoner) and zones?
— Can the building be made secure? and
— Are the main building systems (electrical, plumbing, HVAC) sound?
F. Can Another Type Facility Be Used for Courts?
While it is most common for renovation projects to involve the courthouse, it is not
uncommon for consideration to be given to retrofitting other types of facilities for
court use. The most common type facility are general office buildings, but schools,
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-8
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
hospitals, shopping centers, post offices, and department stores have been retrofitted
to be used as courthouses.
As a general rule, it is nearly always easier and less expensive to renovate court
spaces for general office functions than to renovate general office space for courts.
The reuse of general office space, whether built for government or business, is not
suitable for many court operations. Most general office buildings do not have
adequate vertical circulation system (elevators) and the proper floor plates to
accommodate three separate circulations systems or zones.
Secondly, the floor to ceiling heights in most general office buildings is too low to
properly accommodate courtrooms that should have a minimum of about 14 feet from
floor to ceiling. While general office space may not be appropriate for courtroom and
chambers, it is perfectly acceptable for many court support functions, or ancillary
offices, such as the Commonwealth’s Attorney, public defender, or probation. These
may either remain in a county or city administration building or be located in other
general office spaces that have been renovated for their use, as long as it remains
close to the courthouse.
It also is important to think of the image that the retrofitted building will present to
the community and how it will affect attitudes of litigants. Will the building project a
sense of decorum and dignity that is essential to all court facilities or will it project an
image of retail or assembly line justice?
Shopping centers have an advantage in that there is generally plenty of parking, a
commodity that is all too often lacking in many downtown courthouses. Further,
many shopping centers are built with high ceilings and fairly large spaces between
support columns, permitting great flexibility in locating courtrooms. While it may not
be considered appropriate for general jurisdiction trial courts, shopping center
locations may be very functional for limited jurisdiction courts that handle high
volume functions such as traffic and misdemeanor cases. The disadvantage of a
shopping center is that they are almost always one story structures which make it
difficult to achieve prisoner access to all courts without penetrating either the public
or private circulation.
G. Project Phasing
A major problem with nearly any renovation projects is the need to phase the work so
that the courts may continue to operate during construction. It is often necessary to
find temporary quarters for the courts to occupy while the existing space is being
worked on. This can add extra costs and time to the project if it is necessary to lease
temporary space that first must be retrofitted to provide minimum functionality for
courts. Where there is also a new addition being built along with renovation of
existing facilities, the new facilities may serve as the temporary swing space for
courts while space in the existing facility is being renovated.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-8
hospitals, shopping centers, post offices, and department stores have been retrofitted
to be used as courthouses.
‘Asa general rule, it is nearly always easier and less expensive to renovate court
spaces for general office functions than to renovate general office space for courts
The reuse of general office space, whether built for government or business, is not
suitable for many court operations. Most general office buildings do not have
adequate vertical circulation system (elevators) and the proper floor plates to
accommodate three separate circulations systems or zones.
Secondly, the floor to ceiling heights in most general office buildings is too low to
properly accommodate courtrooms that should have a minimum of about 14 feet from
floor to ceiling. While general office space may not be appropriate for courtroom and
chambers, it is perfectly acceptable for many court support functions, or ancillary
offices, such as the Commonwealth’s Attorney, public defender, or probation. These
may either remain in a county or city administration building or be located in other
general office spaces that have been renovated for their use, as long as it remains
close to the courthouse.
Italso is important to think of the image that the retrofitted building will present to
the community and how it will affect attitudes of litigants. Will the building project a
sense of decorum and dignity that is essential to all court facilities or will it project an
image of retail or assembly line justice?
Shopping centers have an advantage in that there is generally plenty of parking, a
commodity that is all too often lacking in many downtown courthouses. Further,
many shopping centers are built with high ceilings and fairly large spaces between
support columns, permitting great flexibility in locating courtrooms. While it may not
be considered appropriate for general jurisdiction trial courts, shopping center
locations may be very functional for limited jurisdiction courts that handle high
volume functions such as traffic and misdemeanor cases. The disadvantage of a
shopping center is that they are almost always one story structures which make it
difficult to achieve prisoner access to all courts without penetrating either the public
or private circulation.
Project Phasing
A major problem with nearly any renovation projects is the need to phase the work so
that the courts may continue to operate during construction. It is often necessary to
find temporary quarters for the courts to occupy while the existing space is being
worked on. This can add extra costs and time to the project if it is necessary to lease
temporary space that first must be retrofitted to provide minimum functionality for
courts. Where there is also a new addition being built along with renovation of
existing facilities, the new facilities may serve as the temporary swing space for
courts while space in the existing facility is being renovated.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-9
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Generally speaking any project that involves renovation and reuse of an existing
facility for courts will require a project that is completed in phases and may require
courts and their offices to move several times during the project.
III. PRE-DESIGN PLANNING
Most projects are initiated with an assessment of the current facilities. Someone determines
that the facilities are inadequate: too small; in poor physical condition; lack security and
safety; and/or is inefficient or overcrowded. It is important at this stage to conduct a
systematic evaluation of the facilities and document their deficiencies. This is one of the
ways in which these guidelines can be used, and have been used in the past. Many projects
are initiated with a judicial court order requiring the local government to provide adequate
facilities. One of the prime resources judges and others use when making this determination
is the Virginia Courthouse Facility Guidelines. These guidelines provide a benchmark
against which existing facilities may be evaluated.
A. Needs Assessment
A typical needs assessment examines the facilities in terms of their physical integrity,
the condition of the electrical, plumbing, and HVAC systems, the amount and types
of spaces provided, the circulation systems (particularly the secure prisoner
circulation), the safety and security of the buildings, their ability to adapt to future
growth and changes, and ability to incorporate and make use of new technologies.
The needs assessment also may look at future growth and make some projections of
both future judge and staffing
requirements as well as future
space requirements. A typical
forecast horizon is 20 years. It
is important to look ahead at
least 20 years because most
building projects take from
five to ten years to complete
and if the plan only
accommodates the current
need in many cases the courts
will have outgrown the new
facilities by the time they are
occupied.
The needs assessment may be performed as a separate step or may be done as part of
a larger master planning effort that also examines possible solutions such as
renovation, new addition, or new building.
Caseload Projections
0
10 20
Projected
Actual
History
Year
Number
of Cases
30
Upper Confidence Interval
Lower Confidence Interval
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-9
Lt
Generally speaking any project that involves renovation and reuse of an existing
facility for courts will require a project that is completed in phases and may require
courts and their offices to move several times during the project.
PRE-DESIGN PLANNING.
Most projects are initiated with an assessment of the current facilities. Someone determines
that the facilities are inadequate: too small; in poor physical condition; lack security and
safety; and/or is inefficient or overcrowded. It is important at this stage to conduct a
systematic evaluation of the facilities and document their deficiencies. This is one of the
ways in which these guidelines can be used, and have been used in the past. Many projects
are initiated with a judicial court order requiring the local government to provide adequate
facilities. One of the prime resources judges and others use when making this determination
is the Virginia Courthouse Facility Guidelines. These guidelines provide a benchmark
against which existing facilities may be evaluated.
A. Needs Assessment
‘A typical needs assessment examines the facilities in terms of their physical integrity,
the condition of the electrical, plumbing, and HVAC systems, the amount and types
of spaces provided, the circulation systems (particularly the secure prisoner
circulation), the safety and security of the buildings, their ability to adapt to future
growth and changes, and ability to incorporate and make use of new technologies.
The needs assessment also may look at future growth and make some projections of
both future judge and staffing
requirements as well as future
space requirements. A typical Uppee Conisence interval
forecast horizon is 20 years. It
is important to look ahead at
least 20 years because most
building projects take from
five to ten years to complete
and if the plan only ower Confence Inova
accommodates the current
need in many cases the courts
will have outgrown the new
facilities by the time they are
occupied. 0 ae 30
Caseload Projections
The needs assessment may be performed as a separate step or may be done as part of
a larger master planning effort that also examines possible solutions such as
renovation, new addition, or new building.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-10
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
B. Master Planning and Determination of Alternative Solutions
The next phase of the project is the development of a facility master plan that
identifies various options, discusses their pros and cons, and provides preliminary
costs estimates that can be used by the funding authority and users to make decisions
on the best course of action. At this stage it may not be clear whether the best
approach is to renovate the existing facility with perhaps the construction of an
addition or to build an entirely new facility.
If an evaluation and assessment of the condition of the existing facilities was not done
as part of a needs assessment one should be done now as part of the master planning
process. This information is critical to the decision of whether to renovate all or some
portion of the courthouse.
With the help of the architect, planning consultant, or a qualified person from the
local government’s public works
department, the committee should
determine the approximate
construction costs of different
alternative solutions, including (1)
renovation of the existing facility, (2)
its enlargement, (3) renting additional
space for offices not directly related
to court operations, combined with
renovation or enlargement, or (4)
construction of a new facility.
Consideration of construction costs of
a new facility must address whether
construction should be on the present
site or on a newly acquired site and
include either the costs of demolition of the present facility and the temporary
relocation of operations, or the cost of acquiring a new site.
After such preliminary determination of the costs of the alternative solutions, the
committee should determine whether the space requirements can best be met by
renovation, enlargement, renting additional space, or construction of a new facility
and destruction or other use of the present facility. One method of comparison of the
various alternatives is to annualize the cost of each alternative by dividing the total
cost by the estimated years of use. Selecting a workable solution will require
balancing conflicting needs, costs, and time priorities.
C. Preparation of the Architectural Program
The next step in the planning process is the preparation of the detailed facility space
program. This is more detailed than the estimate of overall space needs made during
the needs assessment. The “program” on the other hand documents the present
Courtesy of HOK
Relationship of
Caseload Growth to Personnel and Space Needs
Present
Caseload
Future
Judicial
Positions
& Staff
Space
Needs
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-10
B.
Master Planning and Determination of Alternative Solutions
The next phase of the project is the development of a facility master plan that
identifies various options, discusses their pros and cons, and provides preliminary
costs estimates that can be used by the funding authority and users to make decisions
on the best course of action. At this stage it may not be clear whether the best
approach is to renovate the existing facility with perhaps the construction of an
addition or to build an entirely new facility.
If an evaluation and assessment of the condition of the existing facilities was not done
as part of a needs assessment one should be done now as part of the master planning
process. This information is critical to the decision of whether to renovate all or some
portion of the courthouse.
With the help of the architect, planning consultant, or a qualified person from the
local government’s public works .
department, the committee should
determine the approximate
construction costs of different os
alternative solutions, including (1)
renovation of the existing facility, (2) eee cccce
its enlargement, (3) renting additional f f f i f if f
space for offices not directly related ="
to court operations, combined with
renovation or enlargement, or (4)
construction of a new facility. _
Consideration of construction costs of |“
anew facility must address whether Rolatonshi of
construction should be on the present Caseload Growth to Personnel and Space Noods
site or on a newly acquired site and Comeny of HOK
include either the costs of demolition of the present facility and the temporary
relocation of operations, or the cost of acquiring a new site.
After such preliminary determination of the costs of the alternative solutions, the
committee should determine whether the space requirements can best be met by
renovation, enlargement, renting additional space, or construction of a new facility
and destruction or other use of the present facility. One method of comparison of the
various alternatives is to annualize the cost of each alternative by dividing the total
cost by the estimated years of use. Selecting a workable solution will require
balancing conflicting needs, costs, and time priorities,
Preparation of the Architectural Program
The next step in the planning process is the preparation of the detailed facility space
program. This is more detailed than the estimate of overall space needs made during
the needs assessment. The “program” on the other hand documents the present
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-11
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
organization and operation of the courts and their related functions, details both their
current and future space needs, and the necessary components of the courthouse and
their spatial and functional relationships.
It is more detailed than, and goes beyond, what is required during the needs
assessment and master planning phases. It serves to inform the architect of the
problems to be solved in the design of the facility. The preparation of the program
will most likely be beyond the capabilities of the committee, and it is here that the use
of an outside planning consultant, familiar with court operations and the design of
court facilities, is essential.
The information obtained during the needs assessment and master planning phases
will be pertinent to the development of the program. Program development requires
additional research, greater detail, and further analysis in order to prepare a written
description on which the design can be predicated. For this purpose the program
should describe the organization and operations of each of the courts. Current
deficiencies, bottlenecks, and other problems should be described along with
suggested changes and improvements. The information should include historical,
current, and projected caseload data, demographic trends, and space and personnel
requirements, as well as forecasts of future trends in court operations and
management. This requires forecasting future judge and staffing levels, and the
number and type of courtrooms that will be needed. It should be noted that an
increase in the number or size of the required spaces will also require a corresponding
increase in the public circulation and waiting areas. The program should include
descriptions of all the offices to be included in the building, including adult probation
or court services.

Determining Future Needs

Determination of future court facility needs is part science and part guess work.
One approach is to ask each stakeholder for (1) their estimate of the amount of
space and number of staff required in the future, (2) the additional space needed
to properly accommodate the current staff and operations, (3) the anticipated
growth in workload and staff for the next 15 to 20 years, and (4) the types of
spaces that will be required to accommodate the anticipated growth. This
approach, however, requires stakeholder to provide a fair assessment of their
current needs and to make reasonable assumptions about their future needs.
Different courts, departments, and offices are likely to experience different rates
of growth or decreases in workload. Short-range forecasts, based on projections of
current workloads may be sufficiently accurate if based on adequate information
and not projected too far into the future, but because public buildings are
generally used for extended periods of years, more sophisticated techniques are
required to achieve long-term forecasts of 20 plus years. Forecasting is a complex
science and should be undertaken by those with sufficient technical expertise to
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-11
organization and operation of the courts and their related functions, details both their
current and future space needs, and the necessary components of the courthouse and
their spatial and functional relationships.
It is more detailed than, and goes beyond, what is required during the needs
assessment and master planning phases. It serves to inform the architect of the
problems to be solved in the design of the facility. The preparation of the program
will most likely be beyond the capabilities of the committee, and it is here that the use
of an outside planning consultant, familiar with court operations and the design of
court facilities, is essential.
The information obtained during the needs assessment and master planning phases
will be pertinent to the development of the program, Program development requires
additional research, greater detail, and further analysis in order to prepare a written
description on which the design can be predicated. For this purpose the program
should describe the organization and operations of each of the courts. Current
deficiencies, bottlenecks, and other problems should be described along with
suggested changes and improvements, The information should include historical,
current, and projected caseload data, demographic trends, and space and personnel
requirements, as well as forecasts of future trends in court operations and
management. This requires forecasting future judge and staffing levels, and the
number and type of courtrooms that will be needed. It should be noted that an
increase in the number or size of the required spaces will also require a corresponding
increase in the public circulation and waiting areas. The program should include
descriptions of all the offices to be included in the building, including adult probation
or court services.
1, Determining Future Needs
Determination of future court facility needs is part science and part guess work.
One approach is to ask each stakeholder for (1) their estimate of the amount of
space and number of staff required in the future, (2) the additional space needed
to properly accommodate the current staff and operations, (3) the anticipated
growth in workload and staff for the next 15 to 20 years, and (4) the types of
spaces that will be required to accommodate the anticipated growth. This
approach, however, requires stakeholder to provide a fair assessment of their
current needs and to make reasonable assumptions about their future needs.
Different courts, departments, and offices are likely to experience different rates
of growth or decreases in workload. Short-range forecasts, based on projections of
current workloads may be sufficiently accurate if based on adequate information
and not projected too far into the future, but because public buildings are
generally used for extended periods of years, more sophisticated techniques are
required to achieve long-term forecasts of 20 plus years. Forecasting is a complex
science and should be undertaken by those with sufficient technical expertise to
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-12
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Example of a Circulation and
Adjacency Diagram
Public
Queuing /
Waiting
Deputy Clerk
Workstations
Clerk’s
Office
Supply
Storage
Photocopy
Workroom
Records
Storage
Secure
Entrance
Counter/Window
Counter
Workstations
Staff
Toilet
General District Court Clerk
Main Public Circulation
Staff
Breakroom
Private / Staff Circulation
know how to select an appropriate forecasting model and interpret the results.
This is another area in which the use of a planning consultant is advisable.

Contents of the Architectural Program

The degree of detail in the program may vary depending on whether the plan is
for the renovation of the existing facility, its enlargement, or the construction of a
new building. Typically the program will contain the following elements.
a. A description of the organizational structure and operational procedures
carried on by the courts, court related offices, and other governmental entities
in the building. The description should differentiate between the type of court
(Circuit, General District, and
Juvenile and Domestic
Relations District) and court
procedures in criminal, civil,
juvenile, and domestic
relations proceedings, and
identify the relationship of
these proceedings with the
other occupants of the
building. Flow charts
reflecting the sequence of
operations and the workflow
may be helpful as are the use
of adjacency diagrams.
b. A detailed description of the
condition of present facilities,
including not only courtrooms and offices, but other building support spaces
such as electrical rooms and closets, toilets, storage areas, etc., and the
number and size of each. This description can be accomplished most easily by
obtaining an up-to-date space plan or as-built drawings of the present facility.
If one is not available it may be necessary for the consultant or architect to
prepare one.
c. A description of the problems with, and inadequacies of, the present facilities.
The extent to which current problems and inadequacies have affected the
organizational structure and operational procedures should be noted so that
these can be eliminated in the new design.
d. A detailed accommodation schedule listing the type and size of all
spaces/rooms that will be required in the new design. The program should
remind the architect that the design of the new facility should permit future
expansion to meet unanticipated needs. To the extent feasible, the square foot
area of these spaces should be in accordance with the guidelines hereinafter
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-12
know how to select an appropriate forecasting model and interpret the results.
This is another area in which the use of a planning consultant is advisable.

Contents of the Architectural Program

The degree of detail in the program may vary depending on whether the plan is
for the renovation of the existing facility, its enlargement, or the construction of a
new building. Typically the program will contain the following elements.
a. A description of the organizational structure and operational procedures
carried on by the courts, court related offices, and other governmental entities
in the building. The description should differentiate between the type of court
(Circuit, General District, and
Juvenile and Domestic Example of a Circulation and
Relations District) and court Adjacency Diagram
procedures in criminal, civil, + +#« .
juvenile, and domestic
relations proceedings, and
identify the relationship of
these proceedings with the
other occupants of the
building. Flow charts
reflecting the sequence of
operations and the workflow
may be helpful as are the use
of adjacency diagrams.
sy
b. A detailed description of the
condition of present facilities,
including not only courtrooms and offices, but other building support spaces
such as electrical rooms and closets, toilets, storage areas, etc., and the
number and size of each. This description can be accomplished most easily by
obtaining an up-to-date space plan or as-built drawings of the present facility.
If one is not available it may be necessary for the consultant or architect to
prepare one.
c. A description of the problems with, and inadequacies of, the present facilities.
The extent to which current problems and inadequacies have affected the
organizational structure and operational procedures should be noted so that
these can be eliminated in the new design.
d. A detailed accommodation schedule listing the type and size of all
spaces/rooms that will be required in the new design. The program should
remind the architect that the design of the new facility should permit future
expansion to meet unanticipated needs. To the extent feasible, the square foot
area of these spaces should be in accordance with the guidelines hereinafter
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-13
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
set forth. The trend toward smaller courtrooms should be recognized, as
should the use of multipurpose rooms for hearings, jury assembly, etc. in
smaller courthouses.
e. A description of the optimum location of the major spaces and their
relationship to each other, using adjacency diagrams. While this description
will not work out the actual location of spaces it should outline their basic
functional relationships. High-volume functions and activities, such as clerks’
offices and fine payment windows, should be located near the main public
entrance, on the first floor, whenever possible. This will reduce visitor traffic
on other floors where courtrooms are located, thus enhancing security. Court
functions that have similar operational and spatial requirements should be
located as conveniently as possible to each other. Similarly, offices that need
the same type of security may be located together.
f. A description of the optimum size and the physical features of each space in
accordance with the following recommended guidelines. Such description
should include its size, environmental needs, security requirements,
handicapped accessibility requirements, circulation and adjacency needs, and
level of furnishings and finishes. It is important to note the acoustical
requirements for spaces in which privacy is essential such as courtrooms,
judges’ chambers, jury deliberation rooms, attorney and client conference
rooms, and the offices of the Commonwealth’s Attorney staff.
g. The program should contain an estimate of the costs involved in the
implementation of the program through the completion of the working
drawings. In addition, the program should contain an estimate of the total net
square feet required based on the number of spaces and their sizes. To this
must be added the approximate areas of corridors, elevators, stairways, walls,
ducts, and service areas to determine the approximate total building gross
square feet to be used in determining the approximate costs of the project. The
involvement of an architect and the planning consultant, as well as a cost
consultant, will be necessary. If a new site is to be acquired, its estimated
costs should also be determined and included.
h. A timetable from the date of completion of the program, through the design
phase, to completion of construction. The timetable should describe any
phased implementation of the project, taking into account the disruptions
inherent in the construction process, any temporary relocations during
construction, and a plan for handling such disruptions. As early as possible in
the planning process the funding agency should be working on the method for
financing the project.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-13
set forth. The trend toward smaller courtrooms should be recognized, as
should the use of multipurpose rooms for hearings, jury assembly, etc. in
smaller courthouses.
e. A description of the optimum location of the major spaces and their
relationship to each other, using adjacency diagrams. While this description
will not work out the actual location of spaces it should outline their basic
functional relationships. High-volume functions and activities, such as clerks”
offices and fine payment windows, should be located near the main public
entrance, on the first floor, whenever possible. This will reduce visitor traffic
on other floors where courtrooms are located, thus enhancing security. Court
functions that have similar operational and spatial requirements should be
located as conveniently as possible to each other. Similarly, offices that need
the same type of security may be located together.
£. A description of the optimum size and the physical features of each space in
accordance with the following recommended guidelines. Such description
should include its size, environmental needs, security requirements,
handicapped accessibility requirements, circulation and adjacency needs, and
level of furnishings and finishes. It is important to note the acoustical
requirements for spaces in which privacy is essential such as courtrooms,
judges’ chambers, jury deliberation rooms, attorney and client conference
rooms, and the offices of the Commonwealth’s Attorney staff.
g. The program should contain an estimate of the costs involved in the
implementation of the program through the completion of the working
drawings. In addition, the program should contain an estimate of the total net
square feet required based on the number of spaces and their sizes. To this
must be added the approximate areas of corridors, elevators, stairways, walls,
ducts, and service areas to determine the approximate total building gross
square feet to be used in determining the approximate costs of the project. The
involvement of an architect and the planning consultant, as well as a cost
consultant, will be necessary. If a new site is to be acquired, its estimated
costs should also be determined and included.
h. A timetable from the date of completion of the program, through the design
phase, to completion of construction, The timetable should describe any
phased implementation of the project, taking into account the disruptions
inherent in the construction process, any temporary relocations during
construction, and a plan for handling such disruptions. As early as possible in
the planning process the funding agency should be working on the method for
financing the project.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-14
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
IV. DESIGN
When the written program has been completed, a request for proposal (RFP) based on the
program should be advertised and sent to prospective architects. The committee and the
funding agency will review the responses and select an architect and enter into negotiations.
Selection criteria should include prior courthouse design experience; organizational
capacity to handle the project, availability of proposed project staff, ability to manage and
complete comparable projects within budget; and presence and qualifications of necessary
experts such as security, acoustics, and technology planning. Typically on larger projects, a
local architect will team with a larger national firm that has expertise in courthouse design.
A. Schematic Design
Schematic design begins upon approval of the architectural program and the project
budget. The objective of this step is to conceptually organize the functional
components that were defined in the Program Statement. The architect will prepare
and submit preliminary sketches showing the location and size of the various
courthouse components such as courtrooms, chambers, clerks’ offices, and other
offices. The sketches will show the three major circulation systems (public, the staff,
and prisoners), and studies of the exterior appearance of the building. The schematic
plans should identify alternative features that can be added or eliminated and the
architect should furnish preliminary cost estimates of the schematic plans, including
the alternatives.
These alternative sketches should be reviewed by the committee in consultation with
the architect, keeping in mind the program requirements, the budget, and these
guidelines. Changes at this point in the project can easily be made without incurring
much additional cost. Subsequent steps will add detail to these decisions with the
primary objective of producing documents from which construction can be initiated.
B. Design Development
The next step is design development, during which the Architect will refine the
overall design providing more detail with each subsequent iteration. The architect
prepares preliminary plans showing the layout and size of all of the components of
the facility including all rooms, closets, toilets, storage and service areas, stairways,
elevators and corridors. Indications of surface treatments, decorations and the
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-14
IV. DESIGN
When the written program has been completed, a request for proposal (RFP) based on the
program should be advertised and sent to prospective architects. The committee and the
funding agency will review the responses and select an architect and enter into negotiations,
Selection criteria should include prior courthouse design experience: organizational
capacity to handle the project, availability of proposed project staff, ability to manage and
complete comparable projects within budget; and presence and qualifications of necessary
experts such as security, acoustics, and technology planning. Typically on larger projects, a
local architect will team with a larger national firm that has expertise in courthouse design.
Courthouse Design Stages
»> D> nstruction
Documents
AL
Schematic Design
Schematic design begins upon approval of the architectural program and the project
budget. The objective of this step is to conceptually organize the functional
components that were defined in the Program Statement. The architect will prepare
and submit preliminary sketches showing the location and size of the various
courthouse components such as courtrooms, chambers, clerks’ offices, and other
offices. The sketches will show the three major circulation systems (public, the staff,
and prisoners), and studies of the exterior appearance of the building. The schematic
plans should identify alternative features that can be added or eliminated and the
architect should furnish preliminary cost estimates of the schematic plans, including
the alternatives.
These alternative sketches should be reviewed by the committee in consultation with
the architect, keeping in mind the program requirements, the budget, and these
guidelines. Changes at this point in the project can easily be made without incurring
much additional cost. Subsequent steps will add detail to these decisions with the
primary objective of producing documents from which construction can be initiated,
Design Development
The next step is design development, during which the Architect will refine the
overall design providing more detail with each subsequent iteration. The architect
prepares preliminary plans showing the layout and size of all of the components of
the facility including all rooms, closets, toilets, storage and service areas, stairways,
elevators and corridors. Indications of surface treatments, decorations and the
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-15
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
locations of equipment also should be shown. Deliverables during this phase include:
floor plans, key area plans, building elevations, typical wall sections, key interior
elevations, preliminary finish schedule, preliminary door and frame schedule,
preliminary window schedule, and
preliminary specialty hardware
schedule. There are additional
engineering, mechanical,
landscaping, security, acoustical, and
technology diagrams and schedules
that are part of the design
development stage. At each stage of
the design new costs estimates
should be provided.
These preliminary plans should be
reviewed and any changes agreed
upon before proceeding further. This
is the last good opportunity for changes, since changes in the next step, working
drawings, are very costly and time consuming. The final preliminary plans should be
approved in writing by the committee, the architect, and the funding agency.
C. Construction Documents
The final stage prior to
proceeding with the ground
breaking and construction of
the building is the preparation
of the construction documents
upon which final cost estimates
can be made and which will be
the basis for construction bids.
The working drawings should
be reviewed to make sure that
they are in accordance with the
final preliminary plans and the
building code, and should be
approved in writing. Final cost
estimates should then be made
and, if within budget, the plans
should be submitted for construction bids. If necessary, changes can be made prior to
approval, but such changes will add substantially to the cost and delay of the project.
Changes made at this stage must be carefully considered and made only if critical to
the basic serviceability of the facility.
Courtesy of HOK
Cost Control Opportunities
Maximum $$
Planning Design Bidding Construction
Project Phase
Opportunity
for
Savings
Cost of
Changes
0
Project Schedule Comparison
Traditional Approach
Planning
Fast–Track Approach
Design Bid/A
ward
Construction
Single Bid Package
Completion
Planning
Multiple
Bid
Packages
Construction Completion
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION
PAGE 2-15
locations of equipment also should be shown, Deliverables during this phase include:
floor plans, key area plans, building elevations, typical wall sections, key interior
elevations, preliminary finish schedule, preliminary door and frame schedule,
preliminary window schedule, and
preliminary specialty hardware
schedule, There are additional
engineering, mechanical,
landscaping, security, acoustical, and
technology diagrams and schedules
that are part of the design
development stage. At each stage of
the design new costs estimates
should be provided.
These preliminary plans should be
reviewed and any changes agreed
upon before proceeding further. This
Opportunity chon
savings
A |
Project Phase
Cost Control Opportunities
Courtesy of HOK
is the last good opportunity for changes, since changes in the next step, working
drawings, are very costly and time consuming. The final preliminary plans should be
approved in writing by the committee, the architect, and the funding agency.
C. Construction Documents
The final stage prior to
proceeding with the ground
breaking and construction of
the building is the preparation
of the construction documents
upon which final cost estimates
can be made and which will be
the basis for construction bids.
The working drawings should
be reviewed to make sure that
they are in accordance with the
final preliminary plans and the
building code, and should be
approved in writing. Final cost
estimates should then be made
and, if within budget, the plans
Traditional Approach
Siglo Package

—<— - —__——-

om nan Sea comnton omen
i
Fast-Track Approach
a
_
2 I
se
: °
consin cones
Project Schedule Comparison
should be submitted for construction bids. If necessary, changes can be made prior to
approval, but such changes will add substantially to the cost and delay of the project.
Changes made at this stage must be carefully considered and made only if critical to
the basic serviceability of the facility.
Office of the Executive Secretary
Supreme Court of Virginia
‘Prepared by: Don Hardenberg, Court works
Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-16
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
V. CONSTRUCTION BIDS AND CONSTRUCTION
The Architect prepares the bid package containing all the information contractors will need
in order to prepare bids on the project. After advertising the project a pre-bid conference
should be held where contractors and subcontractors can receive information on the project
and ask questions. Once bids have been received and opened, the planning
consultant/architect will assist the committee and the funding body in reviewing the
construction bids for approval. If the bids do not fit within the proposed budget, it may be
necessary to review and modify the working drawings to eliminate some aspects of the
project so that supplemental construction bids can be obtained that will more closely
coincide with the budget. Often, however, by working with the winning contractor to
review the bid in detail it is possible to trim construction costs.
The actual construction should be observed and inspected by the architect and the
committee, as well as by the public works department to ensure that the construction
complies with the working drawings and the building codes. Supervision must include
installation of equipment. If such observation and inspection is systematically carried out
and noted errors are corrected, final inspection and approval should be accomplished
without difficulty. In larger more complicated projects, local jurisdictions often elect to
engage a program or construction manager that is responsible for quality control, schedule,
and progress payment requests.
VI. PROJECT DELIVERY METHODS
The traditional method of delivering a
finished courthouse is through what is
referred to as the design-bid-build method
where an architect is hired by the local
government to prepare a design and
construction documents. Then the project is
announced for bids to be received from
contractors. The bids are reviewed and a
contractor selected to build the courthouse.
The advantage of the design-bid-build
approach is that the full details of the
construction are known prior to soliciting
the bids. The awarding jurisdiction knows
the final price at bid opening, unless change
orders are permitted during the construction
process. Also the architect remains the
owner’s representative and can cite the
contractor if faulty work is observed.
A potential disadvantage of this traditional
approach is that the design and construction steps are completed sequentially A frequently
Courtesy of HOK
Traditional Management Approach
Sub–Contractors
Owner
Architects &
Engineers
Construction
Manager
Construction Management Approach
Prime
Contractor
Architects &
Engineers
Construction
Manager
Consultant
Sub–Contractors Sub–Contractors
Owner Owner
Architects &
Engineers
Construction
Manager
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-16
v.
Vi.
CONSTRUCTION BIDS AND CONSTRUCTION
The Architect prepares the bid package containing all the information contractors will need
in order to prepare bids on the project. After advertising the project a pre-bid conference
should be held where contractors and subcontractors can receive information on the project
and ask questions. Once bids have been received and opened, the planning
consultant/architect will assist the committee and the funding body in reviewing the
construction bids for approval. If the bids do not fit within the proposed budget, it may be
necessary to review and modify the working drawings to eliminate some aspects of the
project so that supplemental construction bids can be obtained that will more closely
coincide with the budget. Often, however, by working with the winning contractor to
review the bid in detail it is possible to trim construction costs.
The actual construction should be observed and inspected by the architect and the
committee, as well as by the public works department to ensure that the construction
complies with the working drawings and the building codes. Supervision must include
installation of equipment. If such observation and inspection is systematically carried out
and noted errors are corrected, final inspection and approval should be accomplished
without difficulty. In larger more complicated projects, local jurisdictions often elect to
engage a program or construction manager that is responsible for quality control, schedule,
and progress payment requests.
PROJECT DELIVERY METHODS
The traditional method of delivering a
finished courthouse is through what is
referred to as the design-bid-build method
where an architect is hired by the local
government to prepare a design and
construction documents. Then the projec is TTT
announced for bids to be received from
contractors. The bids are reviewed and a
contractor selected to build the courthouse.
Sub-Contractors
Traditional Management Approach
The advantage of the design-bid-build
approach is that the full details of the
construction are known prior to soliciting
the bids. The awarding jurisdiction knows i= sist me
the final price at bid opening, unless change one mar
orders are permitted during the construction PTT T
process. Also the architect remains the
‘owner’s representative and can cite the Sur-Conacte Sib-Contatoe
contractor if faulty work is observed. constueton Management Approach
Courtesy of HOK
‘A potential disadvantage of this traditional
approach is that the design and construction steps are completed sequentially A frequently
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-17
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
used alternative is the use of design-build. In this process the design and construction
process is integrated and the Architect is an employee or subcontractor of the contractor.
Advantages of this approach is that the contracting entity (local government) has a single
point of contact (the contractor) for the entire project and the project can usually be
delivered is less time because of the overlap in the design and construction phases. It also
eliminates the need for a second bid process to select the building contractor.
Sometimes the design-build team is selected upon completion to the master planning step
and will prepare the conceptual design, preliminary design, construction documents and
then build the facility. A slightly different approach is for the city/county to hire an
architect to complete the conceptual design (usually in conjunction with the master
planning step) and then seeks bids from a design-build team that will complete the
construction documents and construct the building.
The disadvantage to this process can be the relative inaccessibility of the design expertise
since the architect is a subcontractor and can be insulated by the contractor. In the design-
build approach, the architect’s allegiance is to the contractor and not the owner. Of course,
the architect is bound by professional ethics to report any faulty construction methods and
is liable to the owner and contractor for design errors, but the direct relationship with the
owner can be lost in the design-build method.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION PAGE 2-17
used alternative is the use of design-build. In this process the design and construction
process is integrated and the Architect is an employee or subcontractor of the contractor.
‘Advantages of this approach is that the contracting entity (local government) has a single
point of contact (the contractor) for the entire project and the project can usually be
delivered is less time because of the overlap in the design and construction phases. It also
eliminates the need for a second bid process to select the building contractor.
Sometimes the design-build team is selected upon completion to the master planning step
and will prepare the conceptual design, preliminary design, construction documents and
then build the facility. A slightly different approach is for the city/county to hire an
architect to complete the conceptual design (usually in conjunction with the master
planning step) and then seeks bids from a design-build team that will complete the
construction documents and construct the building,
The disadvantage to this process can be the relative inaccessibility of the design expertise
since the architect is a subcontractor and can be insulated by the contractor. In the design-
build approach, the architect’s allegiance is to the contractor and not the owner. Of course,
the architect is bound by professional ethics to report any faulty construction methods and
is liable to the owner and contractor for design errors, but the direct relationship with the
owner can be lost in the design-build method.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

RESPONSIBILITY FOR PROVIDING FACILITIES AND  PAGE 3-1
FINANCING COURTHOUSE CAPITAL PROJECTS
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
CHAPTER 3 -  RESPONSIBILITY FOR PROVIDING FACILITIES AND FINANCING
COURTHOUSE CAPITAL PROJECTS
I. LOCAL GOVERNMENT RESPONSIBLE FOR PROVIDING COURTHOUSE
Localities in Virginia are required by  Va. Code § 15.2-1638 to provide courthouses and
suitable facilities for the judges and staff of district and circuit courts, including Circuit
Court Clerks, and upon request space for the Commonwealth Attorney. The costs of doing
so are to be paid by the locality and facilities are to be provided in government owned
property and not leased. This has traditionally been a responsibility of local government in
Virginia.
If the court facilities are deemed to be insufficient or inadequate, the Code of Virginia sets
out a process that can be used to compel improvements to a court facility by local Circuit
Courts (§ 15.2-1643). Dating at least to the early 1900s, this process has been used by
Circuit Court judges to force jurisdictions to update and upgrade their court facilities. Over
the past 15 years this process has been used in a number of communities, including
Williamsburg/James City County, Rockbridge County, Dickenson County, and the City of
Portsmouth.
If a county plans to construct a courthouse at a new location which is not adjacent to the
existing courthouse, Va. Code §§ 15.2-1644 and 15.2-1646 requires citizen approval
through a referendum.
II. FINANCING CAPITAL IMPROVEMENTS
There are two court fees that may be collected for the purpose of funding courthouse
maintenance and construction. Under a statute first adopted in 1990, Va. Code§ 17.1-281,
localities may assess up to a $2 fee on all civil, criminal, traffic and local ordinance cases
for the purposes of construction, renovation, or maintenance of the courthouse or jail and
court-related facilities and to defray increases in the cost of heating, cooling, electricity, and
ordinary maintenance. The money raised by this fee, however, is generally insufficient to
fund most courthouse construction projects and according to JLARC the money has
generally been placed in the locality’s general fund to offset facility building maintenance
(JLARC, Operational and Capital Funding for District and Circuit Courts, 2009).
Since 2009, localities may assess an additional $3 fee per case, specifically for courthouse
construction as long as the Department of General Services (DGS) certifies the courthouse
as noncompliant with the Virginia Courthouse Facility Guidelines. The circuit court clerk
is responsible for collecting courthouse fees and transferring them to the local treasurer.
This money is “solely for the construction, reconstruction, renovation of, or adaptive re-use
of a structure for a courthouse.” Va. Code § 17.1-281 (D).
According to DGS, during the first five years of the act 29 jurisdictions requested such
certification by DGS.
http://law.lis.virginia.gov/vacode/15.2-1638
http://law.lis.virginia.gov/vacode/15.2-1643
http://law.lis.virginia.gov/vacode/15.2-1644
http://law.lis.virginia.gov/vacode/15.2-1646
http://law.lis.virginia.gov/vacode/17.1-281
http://law.lis.virginia.gov/vacode/17.1-281
VIRGINIA COURTHOUSE FACILITY GUIDELINES
RESPONSIBILITY FOR PROVIDING FACILITIES AND PAGE 3-1
FINANCING COURTHOUSE CAPITAL PROJECTS.
CHAPTER 3 - RESPONSIBILITY FOR PROVIDING FACILITIES AND FINANCING
COURTHOUSE CAPITAL PROJECTS
I. LOCAL GOVERNMENT RESPONSIBLE FOR PROVIDING COURTHOUSE
Localities in Virginia are required by Va, Code § 15.2-1638 to provide courthouses and
suitable facilities for the judges and staff of district and circuit courts, including Cireuit
Court Clerks, and upon request space for the Commonwealth Attorney. The costs of doing
so are to be paid by the locality and facilities are to be provided in government owned
property and not leased. This has traditionally been a responsibility of local government in
Virginia.
If the court facilities are deemed to be insufficient or inadequate, the Code of Virginia sets
out a process that can be used to compel improvements to a court facility by local Circuit
Courts (§ 15.2-1643). Dating at least to the early 1900s, this process has been used by
Circuit Court judges to force jurisdictions to update and upgrade their court facilities. Over
the past 15 years this process has been used in a number of communities, including
Williamsburg/James City County, Rockbridge County, Dickenson County, and the City of
Portsmouth.
Ifa county plans to construct a courthouse at a new location which is not adjacent to the
existing courthouse, Va. Code §§ 15.2-1644 and 15.2-1646 requires citizen approval
through a referendum,
Il. FINANCING CAPITAL IMPROVEMENTS
There are two court fees that may be collected for the purpose of funding courthouse
maintenance and construction. Under a statute first adopted in 1990, Va. Code§ 17.1-281,
localities may assess up to a $2 fee on all civil, criminal, traffic and local ordinance cases
for the purposes of construction, renovation, or maintenance of the courthouse or jail and
court-related facilities and to defray increases in the cost of heating, cooling, electricity, and
ordinary maintenance. The money raised by this fee, however, is generally insufficient to
fund most courthouse construction projects and according to JLARC the money has
generally been placed in the locality’s general fund to offset facility building maintenance
(ILARC, Operational and Capital Funding for District and Circuit Courts, 2009).
Since 2009, localities may assess an additional $3 fee per case, specifically for courthouse
construction as long as the Department of General Services (DGS) certifies the courthouse
as noncompliant with the Virginia Courthouse Facility Guidelines. The circuit court clerk
is responsible for collecting courthouse fees and transferring them to the local treasurer.
This money is “solely for the construction, reconstruction, renovation of, or adaptive re-use
ofa structure for a courthouse.” Va. Code § 17.1-281 (D).
According to DGS, during the first five years of the act 29 jurisdictions requested such
certification by DGS.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

RESPONSIBILITY FOR PROVIDING FACILITIES AND  PAGE 3-2
FINANCING COURTHOUSE CAPITAL PROJECTS
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Localities wishing to impose this $3 filing fee must submit a self-evaluation of their court
facility to DGS, indicating how their facility is non-compliant with the Virginia Courthouse
Facility Guidelines. A DGS building inspector then conducts an on-site inspection of the
facility to confirm that it is out of compliance. DGS reviews the case and issues a
certification of noncompliance, which then authorizes the locality to adopt an ordinance
imposing the fee. The locality must reimburse DGS for the site visit and other related costs,
which according to DGS have generally been in the range of $1,100 to $1,400 in localities
that have been certified.
The most common financing arrangement is the general obligation bond. There are
basically three options when it comes to financing a capital project such as a courthouse: 1)
financing without debt, 2) financing with short-term debt, and 3) financing with long-term
debt.
It is usually not possible to finance a capital improvement project out of operating funds. In
Virginia, as noted earlier, local governments may charge a filing fee to cover improvements
to the courthouse. The amount of funds that can be generated through this method however
are generally not enough to fund anything but small renovation or improvement projects.

When the indebtedness is not large and the time needed to retire the debt is short, the use of
short-term debt, such as grant anticipation notes, tax anticipation notes, and lines of credits,
or bonds that can be retired in less than five years may be possible. Such funding
mechanisms however may best be reserved for initiating a project when there is a need to
get a project started quickly or for minor renovations.
As noted earlier most courthouse projects are financed with long-term debt, such as general
obligation bonds. There are however some alternatives that may be used. Long term
financing can be broken down into public financing options and private financing options.
A. Public Financing
Early in the planning process it will usually be necessary to provide some funding for
expenses and to hire an architect or courts planner to conduct a review of the current
facilities and a needs assessment. This may be funded out of general revenues, as is
usually the master plan if one is to be done. Once a decision has been made to go
forward with the project it is necessary to secure more substantial funding to cover
not only the design architect fees but the site acquisition and construction costs. With
very few exceptions this will require some form of loan. Two of the most prevalent
public funding options are general obligation bonds and revenue bonds. The choice of
which method to use may depend on the length of the project, the political viability of
public funding that normally requires a referendum, and the expected life of  the
building.

General Obligation Bonds (GOB)

General obligation bonds are the most commonly used means of financing long-
term large public capital improvement projects. They are relatively inexpensive
VIRGINIA COURTHOUSE FACILITY GUIDELINES
RESPONSIBILITY FOR PROVIDING FACILITIES AND PAGE 3-2
FINANCING COURTHOUSE CAPITAL PROJECTS.
Localities wishing to impose this $3 filing fee must submit a self-evaluation of their court
facility to DGS, indicating how their facility is non-compliant with the Virginia Courthouse
Facility Guidelines. A DGS building inspector then conducts an on-site inspection of the
facility to confirm that it is out of compliance. DGS reviews the case and issues a
certification of noncompliance, which then authorizes the locality to adopt an ordinance
imposing the fee. The locality must reimburse DGS for the site visit and other related costs,
which according to DGS have generally been in the range of $1,100 to $1,400 in localities
that have been certified.
The most common financing arrangement is the general obligation bond. There are
basically three options when it comes to financing a capital project such as a courthouse: 1)
financing without debt, 2) financing with short-term debt, and 3) financing with long-term
debt.
Itis usually not possible to finance a capital improvement project out of operating funds. In
Virginia, as noted earlier, local governments may charge a filing fee to cover improvements
to the courthouse, The amount of funds that can be generated through this method however
are generally not enough to fund anything but small renovation or improvement projects.
When the indebtedness is not large and the time needed to retire the debt is short, the use of
short-term debt, such as grant anticipation notes, tax anticipation notes, and lines of credits,
or bonds that can be retired in less than five years may be possible. Such funding
mechanisms however may best be reserved for initiating a project when there is a need to
get a project started quickly or for minor renovations.
As noted earlier most courthouse projects are financed with long-term debt, such as general
obligation bonds. There are however some alternatives that may be used. Long term
financing can be broken down into public financing options and private financing options.
A. Public Financing
Early in the planning process it will usually be necessary to provide some funding for
expenses and to hire an architect or courts planner to conduct a review of the current
facilities and a needs assessment. This may be funded out of general revenues, as is
usually the master plan if one is to be done. Once a decision has been made to go
forward with the project it is necessary to secure more substantial funding to cover
not only the design architect fees but the site acquisition and construction costs. With
very few exceptions this will require some form of loan. Two of the most prevalent
public funding options are general obligation bonds and revenue bonds. The choice of
which method to use may depend on the length of the project, the political viability of
public funding that normally requires a referendum, and the expected life of the
building.

General Obligation Bonds (GOB)

General obligation bonds are the most commonly used means of financing long-
term large public capital improvement projects. They are relatively inexpensive
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

RESPONSIBILITY FOR PROVIDING FACILITIES AND  PAGE 3-3
FINANCING COURTHOUSE CAPITAL PROJECTS
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
and easy to sell, assuming a good bond rating. The use of GOBs, however,
requires voter approval, which is sometimes difficult to receive. The public’s
appetite for expensive public works projects is limited and courts have to compete
with other needs such as schools and roads. If obtained, however, voter approval
can insulate public officials from later criticisms.  Besides anticipated voter
rejection, other disadvantages include 1) tax and debt limitations; 2) need to
proceed quickly 3) poor bond ratings, and 4) the desire to avoid restrictive laws in
the construction of public buildings.

Revenue Bonds

Revenue bonds financing is available through a variety of public agencies such as
a local industrial development authority. The advantage of revenue bonds is that
they circumvent the lengthy and unpredictable political process required with
GOBs and there may be some latitude in applying laws governing the
construction of public buildings.
B. Private Financing
Private financing is becoming more popular as communities seek ways to leverage
their tax revenues to greater advantage to finance long needed capital improvements.
In general private financing works much like a home mortgage. A private entity
provides the funds to construct the facility and the local government body then buys
back the facility through a lease purchase agreement that may last 30 years. The loans
are paid back through possible revenue that may be generated by the property or
through general tax revenue.

Certificates of Participation (COPS)

One private financing method is the use of certificates of participation (COPs)
which can be used as an alternative to GOBs. The COP is based on sale of
interests in lease revenue from a capital project; for instance, the revenue from a
parking garage that is constructed as part of the project or a bridge for which tolls
are levied.

Private Educational Facilities Infrastructure Act

In Virginia, as well as a number of other states, the use of lease/purchase
arrangements through a private builder/developer is becoming a more common
method of financing public facilities.
In Virginia, the Public-Private Education and Infrastructure Act of 2002 (PPEA)
was intended to bring private sector expertise to bear on public capital
improvement projects, thus saving time and money. It allows private entities, to
“acquire, design, construct, improve, renovate, expand, equip, maintain or operate
VIRGINIA COURTHOUSE FACILITY GUIDELINES
RESPONSIBILITY FOR PROVIDING FACILITIES AND PAGE 3-3
FINANCING COURTHOUSE CAPITAL PROJECTS.
and easy to sell, assuming a good bond rating. The use of GOBs, however,
requires voter approval, which is sometimes difficult to receive. The public’s
appetite for expensive public works projects is limited and courts have to compete
with other needs such as schools and roads. If obtained, however, voter approval
can insulate public officials from later criticisms, Besides anticipated voter
rejection, other disadvantages include 1) tax and debt limitations; 2) need to
proceed quickly 3) poor bond ratings, and 4) the desire to avoid restrictive laws in
the construction of public buildings.

Revenue Bonds

Revenue bonds financing is available through a variety of public agencies such as
a local industrial development authority. The advantage of revenue bonds is that
they circumvent the lengthy and unpredictable political process required with
GOBs and there may be some latitude in applying laws governing the
construction of public buildings.
B. Private Financing
Private financing is becoming more popular as communities seek ways to leverage
their tax revenues to greater advantage to finance long needed capital improvements.
In general private financing works much like a home mortgage. A private entity
provides the funds to construct the facility and the local government body then buys
back the facility through a lease purchase agreement that may last 30 years. The loans
are paid back through possible revenue that may be generated by the property or
through general tax revenue,

Certificates of Participation (COPS)

One private financing method is the use of certificates of participation (COPs)
which can be used as an alternative to GOBs. The COP is based on sale of
interests in lease revenue from a capital project; for instance, the revenue from a
parking garage that is constructed as part of the project or a bridge for which tolls
are levied.

Private Educational Facilities Infrastructure Act

In Virginia, as well as a number of other states, the use of lease/purchase
arrangements through a private builder/developer is becoming a more common
method of financing public facilities.
In Virginia, the Public-Private Education and Infrastructure Act of 2002 (PPEA)
was intended to bring private sector expertise to bear on public capital
improvement projects, thus saving time and money. It allows private entities, to
“acquire, design, construct, improve, renovate, expand, equip, maintain or operate
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

RESPONSIBILITY FOR PROVIDING FACILITIES AND  PAGE 3-4
FINANCING COURTHOUSE CAPITAL PROJECTS
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
qualifying projects.” Its purpose is to encourage innovative approaches to
financing construction and renovation of public facilities.
Qualifying facilities must be devoted primarily to public use, typically involving
public health, safety, and welfare. The Act grants responsible public entities the
authority to create public-private partnerships if it is determined that private
involvement may be able to deliver the project in a more timely or cost-effective
fashion or lead to improvements in the public entities’ processes or delivery of
services.
The private partner provides cost or completion guarantees for which it is given
an equity investment in the project. The project requires a dedicated revenue
stream with which to pay back the investors. Financing options might include the
use of special purpose entities, sale and lease-back transactions, enhanced use
leasing, property exchanges, development agreements, conduit financing and
other methods allowed by law. Inherent in this type of financing arrangement is
the need for the local governing body to identify the source of revenue that will
support the lease payments for the term of the agreement.
This method eases many of the front-end political problems of GOBs and other
methods requiring public approval. The retirement of the debt shows up in the
operating budget in the form of rental or lease costs. It provides good cost
controls because there is a single entity which is accountable and there is less
likelihood of cost-related changes in the project, the project can be completed
faster and there is less likelihood of delays, and it defers the need for public funds
because the builder picks up a lot of the early costs. Other benefits include:
‒ A private enterprise can bring expertise and efficiencies to the project that
would not otherwise be available to a public construction project;

‒ The private enterprise, not the government entity, incurs the long term
debt. Therefore, voter approval is not required and the governmental
entity’s debt load is not affected;
‒ The cost of the project can be distributed to the government over a longer
period of time;
‒ The overall cost of the project may be less, based on the assumption that
the project will be completed in a shorter time frame and construction
costs are expected to increase over time;
‒ The loan does not affect the debt load of the governmental entity;

‒ The private enterprise carries the risks associated with the project,
including cost overruns and delays; and

‒ Ongoing maintenance of the facility can be a component of the agreement
with performance.
Some of the drawbacks of this method are that the project scope and cost may not
be defined until late in the process giving the local governing body and court less
control over design issues, the learning curve for public officials and the public
VIRGINIA COURTHOUSE FACILITY GUIDELINES
RESPONSIBILITY FOR PROVIDING FACILITIES AND PAGE 3-4
FINANCING COURTHOUSE CAPITAL PROJECTS.
qualifying projects.” Its purpose is to encourage innovative approaches to
financing construction and renovation of public facilities.
Qualifying facilities must be devoted primarily to public use, typically involving
public health, safety, and welfare. The Act grants responsible public entities the
authority to create public-private partnerships if it is determined that private
involvement may be able to deliver the project in a more timely or cost-effective
fashion or lead to improvements in the public entities’ processes or delivery of
services.
The private partner provides cost or completion guarantees for which it is given
an equity investment in the project. The project requires a dedicated revenue
stream with which to pay back the investors. Financing options might include the
use of special purpose entities, sale and lease-back transactions, enhanced use
leasing, property exchanges, development agreements, conduit financing and
other methods allowed by law. Inherent in this type of financing arrangement is
the need for the local governing body to identify the source of revenue that will
support the lease payments for the term of the agreement.
This method eases many of the front-end political problems of GOBs and other
methods requiring public approval. The retirement of the debt shows up in the
operating budget in the form of rental or lease costs. It provides good cost
controls because there is a single entity which is accountable and there is less
likelihood of cost-related changes in the project, the project can be completed
faster and there is less likelihood of delays, and it defers the need for public funds
because the builder picks up a lot of the early costs. Other benefits include:
— A private enterprise can bring expertise and efficiencies to the project that
would not otherwise be available to a public construction project;
— The private enterprise, not the government entity, incurs the long term
debt. Therefore, voter approval is not required and the governmental
entity’s debt load is not affected;
— The cost of the project can be distributed to the government over a longer
period of time;
— The overall cost of the project may be less, based on the assumption that
the project will be completed in a shorter time frame and construction
costs are expected to increase over time;
— The loan does not affect the debt load of the governmental entity;
— The private enterprise carries the risks associated with the project,
including cost overruns and delays; and
— Ongoing maintenance of the facility can be a component of the agreement
with performance.
Some of the drawbacks of this method are that the project scope and cost may not
be defined until late in the process giving the local governing body and court less
control over design issues, the learning curve for public officials and the public
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

RESPONSIBILITY FOR PROVIDING FACILITIES AND  PAGE 3-5
FINANCING COURTHOUSE CAPITAL PROJECTS
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
means they may be apprehensive of the process, questions of whether the best
possible price was obtained, and the lengthy and complicated negotiations. Also,
the public entity may lose some control over the design process because cost
control becomes a critical factor in order to maintain the viability of the project.
Other disadvantages are:
‒ A P3 project bypasses public approval and subjects the project, the
funding body, and the governing entity to resistance from the
voters/general public.
‒ Experience to date with P3 projects demonstrates that these projects
receive a limited number of bidders; typically one to three entities submit
bids. This reduced competition could be detrimental; in contrast,
competition among a larger number of bidders generally reduces the
overall cost and increases the quality of a project.
‒ The overall payment for the P3 financing may be higher than a traditional
financing method, given that a private entity pays higher interest rates than
government entities to borrow money. A P3 project also includes a profit
margin for the private entity.
‒ The financing for a P3 project typically extends out over a longer period
of time than in a traditional building model, with the court leasing the
facility over a period of up to thirty years.
To date, PPEA has been adopted in Virginia and several other states including
Florida, Texas, Utah, Maryland, Arizona, California, and Michigan.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
RESPONSIBILITY FOR PROVIDING FACILITIES AND PAGE 3-5
FINANCING COURTHOUSE CAPITAL PROJECTS.
means they may be apprehensive of the process, questions of whether the best
possible price was obtained, and the lengthy and complicated negotiations. Also,
the public entity may lose some control over the design process because cost
control becomes a critical factor in order to maintain the viability of the project.
Other disadvantages are:
— A P3 project bypasses public approval and subjects the project, the
funding body, and the governing entity to resistance from the
voters/general public.
— Experience to date with P3 projects demonstrates that these projects
receive a limited number of bidders; typically one to three entities submit
bids. This reduced competition could be detrimental; in contrast,
competition among a larger number of bidders generally reduces the
overall cost and increases the quality of a project.
— The overall payment for the P3 financing may be higher than a traditional
financing method, given that a private entity pays higher interest rates than
government entities to borrow money. A P3 project also includes a profit
margin for the private entity.
— The financing for a P3 project typically extends out over a longer period
of time than in a traditional building model, with the court leasing the
facility over a period of up to thirty years.
To date, PPEA has been adopted in Virginia and several other states including
Florida, Texas, Utah, Maryland, Arizona, California, and Michigan.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE DESIGN CONCEPTS  PAGE 4-1
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
CHAPTER 4 -  COURTHOUSE DESIGN CONCEPTS
I. GENERAL DESIGN PRINCIPLES
The courthouse should be designed to make maximum use of energy saving features. This
involves proper selection of building materials, placement, size and types of windows,
potential use of solar devices and appropriate internal zoning of heating and air
conditioning. Energy systems are important for court facilities being planned now to last for
fifty or more years.
Opportunities for dual uses of some interior spaces should be considered when possible.
The jury assembly room, for example, may be used in the evenings as a civic meeting room
or for training programs when not needed for jurors. Unfinished, shelled-in courtrooms can
be used for records storage or other purposes until full expansion is needed.
A. Building Image
The architectural design for a new court facility should present a bold but dignified
and appropriate judicial appearance that reflects the community’s traditions and
culture.
In general the design should present
an image that:
 Engenders public trust and
confidence through an image of
transparency, openness, fairness
and dignity;
 Reinforces the independence of
the judicial system with a design
that is distinctive and emblematic
of the courts;
 Reflects the importance, authority and stability of the justice system without being
extravagant or ostentatious;
 Conveys a sense of efficiency and decorum;
 Is readily comprehensible and accessible to visitors; and
 Recognizes the historical nature of the community and its traditions and culture.
Historic Williamsburg Courthouse
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE DESIGN CONCEPTS PAGE 4-1
CHAPTER 4 - COURTHOUSE DESIGN CONCEPTS
I. GENERAL DESIGN PRINCIPLES
The courthouse should be designed to make maximum use of energy saving features. This
involves proper selection of building materials, placement, size and types of windows,
potential use of solar devices and appropriate internal zoning of heating and air
conditioning. Energy systems are important for court facilities being planned now to last for
fifty or more years.
Opportunities for dual uses of some interior spaces should be considered when possible.
The jury assembly room, for example, may be used in the evenings as a civic meeting room
or for training programs when not needed for jurors. Unfinished, shelled-in courtrooms can
be used for records storage or other purposes until full expansion is needed.
A. Building Image
The architectural design for a new court facility should present a bold but dignified
and appropriate judicial appearance that reflects the community’s traditions and
culture.
In general the design should present
an image that:
= Engenders public trust and
confidence through an image of
transparency, openness, fairness “
and dignity; ’
Lig
= Reinforces the independence of wh Satis
the judicial system with a design
that is distinctive and emblematic 7 = Courthouse
of the courts;
= Reflects the importance, authority and stability of the justice system without being
extravagant or ostentatious;
= Conveys a sense of efficiency and decorum;
= Is readily comprehensible and accessible to visitors; and
= Recognizes the historical nature of the community and its traditions and culture.
Office of the Executive Secretary ‘Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE DESIGN CONCEPTS  PAGE 4-2
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
B. Green Building Design
Over the past decade there has been a growing emphasis on green building
construction, including courthouses. This is evident in the greater use of day-lighting
in recently built courthouses throughout the country, even in courtrooms, use of local
materials, and greater energy efficiency. Many localities have sought to have their
courthouses LEED certified. LEED is a proprietary certification process and can be
expensive. Many localities, instead of seeking the final certification, specify that the
courthouse be designed and built to a certain LEED level, such as silver, without
getting the final certification.
In lieu of seeking LEED certification, an alternative is the new International Green
Construction Code (IGCC). Begun in 2009 as a cooperative effort of the American
Institute of Architects (AIA) and ASTM International, the International Green
Construction Code regulates construction of new and existing commercial buildings.
 The code addresses site development and land use, including the preservation of
natural and material resources as part of the process.
 The code seeks to improve indoor air quality and support the use of energy-
efficient appliances, renewable energy systems, water resource
conservation, rainwater collection and distribution systems, and the recovery of
used water, also known as greywater.
 The IGCC emphasizes building performance, including a requirement for building
system performance verification along with building owner education, to ensure
the best energy-efficient practices are being carried out.
 A key feature is a section devoted to “jurisdictional electives”, which will allow
customization of the code beyond its baseline provisions to address local priorities
and conditions.
C. Controlled Circulation
The courthouse is a busy center of local government and should operate safely and
efficiently in order to serve citizens who come to conduct their legal business.
Circulation should be simple and direct, and users and visitors should be able to find
their way easily throughout the courthouse.
The hallmark of good courthouse planning is the development of a building-wide
circulation system that provides three separate and distinct paths of movement for the
public, court professionals –judiciary and staff, and in-custody accused persons.
There must be no unwanted cross traffic between the paths and no awkward
blockages to the movement within each circulation. This controlled circulation should
be clear and direct, efficient and effective; it is essential for both security and safety
reasons as well as for the operational efficiency of the court.
http://en.wikipedia.org/wiki/Renewable_energy
http://en.wikipedia.org/wiki/Rainwater_harvesting
http://en.wikipedia.org/wiki/Greywater
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE DESIGN CONCEPTS PAGE 4-2
B.
Green Building Design
Over the past decade there has been a growing emphasis on green building
construction, including courthouses. This is evident in the greater use of day-lighting
in recently built courthouses throughout the country, even in courtrooms, use of local
materials, and greater energy efficiency. Many localities have sought to have their
courthouses LEED certified. LEED is a proprietary certification process and can be
expensive. Many localities, instead of seeking the final certification, specify that the
courthouse be designed and built to a certain LEED level, such as silver, without
getting the final certification.
In licu of seeking LEED certification, an alternative is the new International Green
Construction Code (IGCC). Begun in 2009 as a cooperative effort of the American
Institute of Architects (AIA) and ASTM International, the International Green
Construction Code regulates construction of new and existing commercial buildings.

The code addresses site development and land use, including the preservation of
natural and material resources as part of the process.

= The code seeks to improve indoor air quality and support the use of energy-
cfficient appliances, renewable energy systems, water resource
conservation, rainwater collection and distribution systems, and the recovery of
used water, also known as greywater.

The IGCC emphasizes building performance, including a requirement for building
system performance verification along with building owner education, to ensure
the best energy-efficient practices are being carried out.

= A key feature is a section devoted to “jurisdictional electives”, which will allow
customization of the code beyond its baseline provisions to address local priorities
and conditions.
Controlled Circulation
The courthouse is a busy center of local government and should operate safely and
efficiently in order to serve citizens who come to conduct their legal business.
Circulation should be simple and direct, and users and visitors should be able to find
their way easily throughout the courthouse.
The hallmark of good courthouse planning is the development of a building-wide
circulation system that provides three separate and distinct paths of movement for the
public, court professionals —judiciary and staff, and in-custody accused persons.
‘There must be no unwanted cross traffic between the paths and no awkward
blockages to the movement within each circulation. This controlled circulation should
be clear and direct, efficient and effective; it is essential for both security and safety
reasons as well as for the operational efficiency of the court.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE DESIGN CONCEPTS  PAGE 4-3
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
The following discussions apply to new courthouse construction. When renovating
older buildings it is permissible to make some minor compromises in the
recommended circulation patterns although it is never acceptable to have in-custody
detainees escorted through public spaces. In older and smaller rural courthouses it
may be necessary for staff to walk through public spaces, although every effort
should be made to limit the extent to which judges need to walk through public areas.
It also is permissible for prisoners to be escorted though private circulation corridors
if staff can be excluded from the corridors during the time prisoners are in the space.
This may be done by use of doors that can be temporarily closed to block off sections
of the private corridor in order to make it secure while prisoners are being taken to or
from a courtroom. Another option may be to limit the times during which prisoners
are escorted to and from the courtrooms and have security personnel ensure that all
staff are securely sequestered in their offices. Both of these options are only suitable
in smaller courthouses with minimal staff and infrequent prisoner movement.
D. Public Circulation
The public circulation system provides unrestricted public access from the main
building entrance to the various public and functional components of the building.
This includes the main lobby, corridors, public elevators and escalators, public
washrooms, waiting areas, court clerk counters and reception areas. It also includes
access to the many court and ancillary offices, such as the Commonwealth Attorney,
and other offices such as Juvenile Court Services, or Community Corrections if
located in the courthouse.
Typical Building Component Organization and Circulation
Juvenile &
Domestic
Relations
District
Court
General
District
Court
Circuit
Court
Clerks’ Offices
Adult
ProbationSheriff
Administration
Commonwealth
Attorney
Victim
Witness Entry Lobby &
Public
Services
Juvenile
Court Services
Judiciary
Building
Management
Sally Port &
Prisoner
Handling
Secure Judicial
Parking
Judicial
Entrance
Public Entrance
Public Circulation
Private Circulation
Secure Circulation
Private Circulation
Public Circulation
Prisoner Circulation
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE DESIGN CONCEPTS, PAGE 4-3
Typical Building Component Organization and Circulation
aH
» bianco
The following discussions apply to new courthouse construction. When renovating
older buildings it is permissible to make some minor compromises in the
recommended circulation patterns although it is never acceptable to have in-custody
detainees escorted through public spaces. In older and smaller rural courthouses it
may be necessary for staff to walk through public spaces, although every effort
should be made to limit the extent to which judges need to walk through public areas.
Italso is permissible for prisoners to be escorted though private circulation corridors
if staff can be excluded from the corridors during the time prisoners are in the space.
This may be done by use of doors that can be temporarily closed to block off sections
of the private corridor in order to make it secure while prisoners are being taken to or
from a courtroom. Another option may be to limit the times during which prisoners
are escorted to and from the courtrooms and have security personnel ensure that all
staff are securely sequestered in their offices. Both of these options are only suitable
in smaller courthouses with minimal staff and infrequent prisoner movement.
The public circulation system provides unrestricted public access from the main
building entrance to the various public and functional components of the building.
This includes the main lobby, corridors, public elevators and escalators, public
washrooms, waiting areas, court clerk counters and reception areas. It also includes
access to the many court and ancillary offices, such as the Commonwealth Attorney,
and other offices such as Juvenile Court Services, or Community Corrections if
located in the courthouse.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE DESIGN CONCEPTS  PAGE 4-4
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Users of the public circulation include courthouse staff, prosecutors, lawyers, police
officers, witnesses, reporters, accused persons not in custody, members of the public
present for family or civil cases, persons with business at the clerks’ offices, and
courtroom spectators. Public access should be clearly articulated and direct from the
main building entrance to all public destinations within the building. Public and staff
access into the building should be through the main entrance monitored by security
screening staff when the courts are operating.
The building should have a single main entrance for both public and staff. It is
acceptable for the entrance area to include more than one entry point into the queuing
zone in front of the security screening; however, all staff and visitors should pass
through a single security screening point. This should be the only point of access into
the courthouse other than the sally port, a secure judicial entrance if provided, the
controlled loading dock (larger courthouse), and the secure controlled entries
provided through judicial parking.
It is permissible for there to be a by-pass for court staff at the security screening point
at the main building entrance that requires an access card and that is reserved for the
quick processing of staff. In cases where specific proceedings require extra measures
of security, public visitors may be screened again before being admitted into the
courtroom.
E. Private Circulation
The private circulation system provides controlled access to authorized court staff and
is not used by the general public unless they are escorted. Both the judiciary and
authorized court staff will use the private circulation system. The judiciary will use
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE DESIGN CONCEPTS PAGE 4-4
Public Interface Private
tool Ea
Love 2
Level 1
Grade_®**
Below Grade L sree Paring
Vertical Courthouse Circulation
Users of the public circulation include courthouse staff, prosecutors, lawyers, police
officers, witnesses, reporters, accused persons not in custody, members of the public
present for family or civil cases, persons with business at the clerks” offices, and
courtroom spectators. Public access should be clearly articulated and direct from the
main building entrance to all public destinations within the building. Public and staff
access into the building should be through the main entrance monitored by security
screening staff when the courts are operating.
The building should have a single main entrance for both public and staff. It is
acceptable for the entrance area to include more than one entry point into the queuing
zone in front of the security screening; however, all staff and visitors should pass
through a single security screening point. This should be the only point of access into
the courthouse other than the sally port, a secure judicial entrance if provided, the
controlled loading dock (larger courthouse), and the secure controlled entries
provided through judicial parking.
It is permissible for there to be a by-pass for court staff at the security screening point
at the main building entrance that requires an access card and that is reserved for the
quick processing of staff. In cases where specific proceedings require extra measures
of security, public visitors may be screened again before being admitted into the
courtroom,
E. _ Private Circulation
The private circulation system provides controlled access to authorized court staff and
is not used by the general public unless they are escorted. Both the judiciary and
authorized court staff will use the private circulation system. The judiciary will use
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE DESIGN CONCEPTS  PAGE 4-5
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
the private circulation system for access between judicial offices and courtrooms, and
secure judicial parking. Similarly, authorized court staff will use private circulation
for access to the courtrooms and judicial offices. All other users must receive specific
permission to enter private circulation and must be escorted. It may on occasion be
justified to escort vulnerable witnesses through private circulation and jurors also
may be escorted through the private circulation to reach jury deliberation rooms.
The need to separate the judiciary from other courthouse users has both a security and
a privacy component. For security reasons, private circulation must include judicial
access from secure judicial parking facilities to private elevators and offices.
There must be direct access to private circulation from the Judiciary Component as
well as the appropriate parts of the Clerks’ offices.
All access points to the private circulation system must be controlled.
F. Secure Circulation
The entire Prisoner Handling Component, including the vehicle sallyport, holding
cells, control room, staff offices and ancillary spaces must be treated as a secure
Typical Courthouse Model
Public
Elevators/
Circulation
Public
Courtroom
Prisoner
Holding
and
Elevator/
Circulation Interface
Private
Controlled Access
for Attorneys
Attorney
Conference
Vestibule
Private
Elevators/
Circulation
Attorney
Conference
Judicial/Office Suite Jury
Deliberation
Judge Jury
T
T
T
Service
Elevator
Seating
Entry
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE DESIGN CONCEPTS, PAGE 4-5
the private circulation system for access between judicial offices and courtrooms, and
secure judicial parking. Similarly, authorized court staff will use private circulation
for access to the courtrooms and judicial offices. Al other users must receive specific
sion to enter private circulation and must be escorted. It may on occasion be
fied to escort vulnerable witnesses through private circulation and jurors also
may be escorted through the private circulation to reach jury deliberation rooms.
Public
Elevators! i
Circulation Public
Atorney Atorney
Conference Conference
Prisoner
Holding
Controlled Access ‘and
forAtorneys Elevator!
Cireulation Interface
see Wo,
Judiciavortice Sulte Entry Jury
Deliberation
Private
Elevators!
Girculation
Typical Courthouse Model
The need to separate the judiciary from other courthouse users has both a security and
a privacy component. For security reasons, private circulation must include judicial
access from secure judicial parking facilities to private elevators and offices.
There must be direct access to private circulation from the Judiciary Component as
well as the appropriate parts of the Clerks’ offices.
All access points to the private circulation system must be controlled.
F. Secure Circulation
The entire Prisoner Handling Component, including the vehicle sallyport, holding
cells, control room, staff offices and ancillary spaces must be treated as a secure
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE DESIGN CONCEPTS  PAGE 4-6
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
entity, along with the secure prisoner circulation system and courtroom holding cells.
It must be physically separate from all non-secure spaces and circulation systems in
the courthouse.
Security officers escorting in-custody defendants between the courtrooms and the
prisoner handling area will use the secure circulation system. In-custody defendants
are not allowed into public or private circulation.
In-custody defendants will enter the courthouse through a secure vehicular sally port,
be taken through a prisoner receiving area to a secure admitting and staging area, and
then will normally be placed in a holding cell in the central prisoner holding area
prior to being escorted to the courtroom for their hearing or trial. Where the
courthouse is adjacent to a jail or detention facility, it is permissible for in-custody
detainees to be brought to the courthouse through a secure walkway. In such
situations the size of the central holding area may be reduced or even eliminated and
prisoners escorted directly to the holding areas adjacent to the courtrooms.
The location of temporary prisoner holding cells immediately adjacent to courtrooms
reduces the time needed to produce prisoners in court by allowing prisoners to be
staged close to courtrooms. It also allows unruly prisoners to be quickly removed
from the courtroom and isolated. Located with the courtroom holding cells should be
a lawyer/prisoner interview cubicle that allows lawyers quick access to their clients
during hearings and trials. Additional lawyer/prisoner interview cubicles should be
located with the central holding areas in larger courthouses to permit attorneys an
opportunity to meet with their clients prior to court.
A secure prisoner elevator that serves holding cells between pairs of courtrooms is the
easiest and most efficient method of obtaining direct prisoner access to courtrooms
without crossing private judicial/staff corridors and is essential in large multi-storied
buildings.
A connection is required from the Prisoner Handling Component to public
circulation, via a double-door pedestrian sally port to permit security officers to move
about the building.
G. Secondary Circulation
There is generally a secondary circulation zone for staff and building services in
larger courthouses. This zone is largely contained within the space envelope of the
staff areas of the building. The integrity of this zone relies on controlled access
between public and private circulation.
Included in the service zone are all those spaces that serve as building support areas
for the courthouse, such as the receiving dock, program and building storage areas,
building maintenance areas, and the mechanical spaces that are accessed in a
secondary circulation zone. The entrances to the building through the receiving dock
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE DESIGN CONCEPTS PAGE 4-6
entity, along with the secure prisoner circulation system and courtroom holding cells.
It must be physically separate from all non-secure spaces and circulation systems in
the courthouse.
Security officers escorting in-custody defendants between the courtrooms and the
prisoner handling area will use the secure circulation system, In-custody defendants
are not allowed into public or private circulation.
In-custody defendants will enter the courthouse through a secure vehicular sally port,
be taken through a prisoner receiving area to a secure admitting and staging area, and
then will normally be placed in a holding cell in the central prisoner holding area
prior to being escorted to the courtroom for their hearing or trial, Where the
courthouse is adjacent to a jail or detention facility, it is permissible for in-custody
detainees to be brought to the courthouse through a secure walkway. In such
situations the size of the central holding area may be reduced or even eliminated and
prisoners escorted directly to the holding areas adjacent to the courtrooms
The location of temporary prisoner holding cells immediately adjacent to courtrooms
reduces the time needed to produce prisoners in court by allowing prisoners to be
staged close to courtrooms. It also allows unruly prisoners to be quickly removed
from the courtroom and isolated. Located with the courtroom holding cells should be
a lawyer/prisoner interview cubicle that allows lawyers quick access to their clients
during hearings and trials. Additional lawyer/prisoner interview cubicles should be
located with the central holding areas in larger courthouses to permit attorneys an
opportunity to meet with their clients prior to court.
‘A secure prisoner elevator that serves holding cells between pairs of courtrooms is the
easiest and most efficient method of obtaining direct prisoner access to courtrooms
without crossing private judicial/staff corridors and is essential in large multi-storied
buildings.
A connection is required from the Prisoner Handling Component to public
circulation, via a double-door pedestrian sally port to permit security officers to move
about the building.
Secondary Circulation
There is generally a secondary circulation zone for staff and building services in
larger courthouses. This zone is largely contained within the space envelope of the
staff areas of the building, The integrity of this zone relies on controlled access
between public and private circulation.
Included in the service zone are all those spaces that serve as building support areas
for the courthouse, such as the receiving dock, program and building storage areas,
building maintenance areas, and the mechanical spaces that are accessed in a
secondary circulation zone. The entrances to the building through the receiving dock
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE DESIGN CONCEPTS  PAGE 4-7
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
must be secure and access must be controlled. Entry from public circulation into these
areas should be via a door with controlled access.
H. Horizontal and Vertical Circulation
Horizontal travel distances for public, private and prisoner circulation should be
minimized through efficient floor layouts that provide easy navigation, unobstructed
sightlines and adequate space for people passing abreast of each other.
The location of court functions with high traffic volumes such as clerks and high
volume courtroom such as General District Court will have an impact on the vertical
transportation requirements. Efficient and rapid public access to these areas is
essential. Peak loads must be accommodated.
Depending on the size of the building, one or two elevators will be required as part of
private circulation for use by the judiciary, court staff and escorted jurors. The private
elevators must serve all floors with courtrooms, the clerks’ offices, the judiciary, and
the secure judicial parking.
In large buildings a separate dedicated service elevator is desirable for the movement
of materials and furniture through the building. The service elevator should be close
to the receiving area and should serve all floors of the building.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE DESIGN CONCEPTS PAGE 4-7
must be secure and access must be controlled. Entry from public circulation into these
areas should be via a door with controlled access.
H. Horizontal and Vertical Circulation
Horizontal travel distances for public, private and prisoner circulation should be
minimized through efficient floor layouts that provide easy navigation, unobstructed
sightlines and adequate space for people passing abreast of each other.
The location of court functions with high traffic volumes such as clerks and high
volume courtroom such as General District Court will have an impact on the vertical
transportation requirements. Efficient and rapid public access to these areas is
essential. Peak loads must be accommodated.
Depending on the size of the building, one or two elevators will be required as part of
private circulation for use by the judiciary, court staff and escorted jurors. The private
elevators must serve all floors with courtrooms, the clerks’ offices, the judiciary, and
the secure judicial parking.
In large buildings a separate dedicated service elevator is desirable for the movement
of materials and furniture through the building. The service elevator should be close
to the receiving area and should serve all floors of the building.
Typical Courthouse Zones
‘cours tzceno
outs BW zone: Poste
one stat
courts Wh zones: counroom
cones: susit
Courts Wi zone: Prisonesecurty
cous | zoe Soin
Court Agencies
Court Agencies
‘Checkpoint |
Sere, contol
Contr, Comal
Mota tee,
Secure Parking Consolidated Contol Center _Sereening Dock.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE DESIGN CONCEPTS  PAGE 4-8
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
In large courthouses with high foot traffic consideration should be given to installing
escalators between the lower floors with high volume functions such as clerk’s offices
and high volume courtrooms such as traffic court.
II. LOCATION AND ORGANIZATION OF COURTHOUSE COMPONENTS
The location of offices and functions within the courthouse has a lot to do with how well
the building promotes the efficient and safe operation of the courts, and how it is perceived
by courthouse occupants and members of the community. High volume functions and
activities that attract heavy foot traffic or outside visitors should be located on lower floors,
or near the main public entrance. These include clerks’ offices, public service counters, and
high volume courtrooms such as General District Court or a traffic courtroom.
While trial courtrooms typically draw many participants, they may be located away from
the lobby and entrance because of the need for quiet and few distractions. Chambers also
must be located away from high volume public areas with their noise and distractions.
The secure circulation can be handled much more efficiently if courtrooms are stacked. In
this way, one prisoner elevator can service several courtrooms on different floors.
Other benefits of separating high and lower volume activities include the reduction in stair
or elevator traffic, noise reduction near the courtrooms, security enhancement and ease of
future expansion of individual functions.
Functions that should be adjacent or close to courtrooms include courtroom-holding
facilities, public waiting, attorney interview rooms, and prisoner holding cells.
Judicial offices may be located on a separate floor where judges can have quick and easy
access to courtrooms via private elevator, or behind the courtrooms separated by a private
staff corridor. This also provides judges with a quiet and dignified space in which to
conduct their legal research and prepare for court, and it allows for the sharing of
appropriate administrative support functions and spaces.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE DESIGN CONCEPTS PAGE 4-8
In large courthouses with high foot traffic consideration should be given to installing
escalators between the lower floors with high volume functions such as clerk’s offices
and high volume courtrooms such as traffic court.
LOCATION AND ORGANIZATION OF COURTHOUSE COMPONENTS,
The location of offices and functions within the courthouse has a lot to do with how well
the building promotes the efficient and safe operation of the courts, and how it is perceived
by courthouse occupants and members of the community. High volume functions and
activities that attract heavy foot traffic or outside visitors should be located on lower floors,
or near the main public entrance. These include clerks’ offices, public service counters, and
high volume courtrooms such as General District Court or a traffic courtroom,
While trial courtrooms typically draw many participants, they may be located away from
the lobby and entrance because of the need for quiet and few distractions. Chambers also
must be located away from high volume public areas with their noise and distractions.
The secure circulation can be handled much more efficiently if courtrooms are stacked. In
this way, one prisoner elevator can service several courtrooms on different floors.
Other benefits of separating high and lower volume activities include the reduction in stair
or elevator traffic, noise reduction near the courtrooms, security enhancement and ease of
future expansion of individual functions
Functions that should be adjacent or close to courtrooms include courtroom-holding
facilities, public waiting, attorney interview rooms, and prisoner holding cells.
Judicial offices may be located on a separate floor where judges can have quick and easy
access to courtrooms via private elevator, or behind the courtrooms separated by a private
staff corridor. This also provides judges with a quiet and dignified space in which to
conduct their legal research and prepare for court, and it allows for the sharing of
appropriate administrative support functions and spaces.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE DESIGN CONCEPTS  PAGE 4-9
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
III. EXPANSION, ADAPTABILITY AND FLEXIBILITY
All courthouses should be built to accommodate future changes and growth in the courts.
This requires buildings that can be expanded easily, spaces that can be used for more than
one purpose, and spaces that can adapt over time to
new uses and needs.
A. Physical Expansion
Changes to the facility may become
necessary at some time in the future.
Planning should consider expansion options
in the event of unforeseen future growth.
Such planning should consider how the
building might be expanded through the
addition of courtroom modules or other
operations within the building. Consideration
also should be given to how the horizontal
and vertical portions of the three circulation
systems would be extended to service the
expanded operations.
B. Adaptability and Flexibility
Adaptability refers to the capacity of space to be converted for use by other functions.
The level of adaptability can be increased by creating a design that is based on
modules and structured around well-defined primary circulation routes. One means of
expansion is to move a component into a new
building or addition and to use the vacated
space for expansion of courtrooms or other
core court functions. This kind of adaptability
that makes it possible to convert space into
additional courtrooms requires a structural
system design with appropriate column
spacing and floor-to-floor heights to
accommodate future courtroom modules.
Flexibility refers to the capacity of individual
spaces to be used for a variety of functions
over the lifetime of the building. One way of
maximizing flexibility is to have a limited range of enclosed office spaces and a
majority of the work processing space in open office areas where the screens and
furniture can be readily reconfigured to meet evolving needs without reconfiguring
walls.
Courtesy of HOK
Future Horizontal Expansion
Courts Offices Future
Conversion of Adjacent
Space to Courtrooms
Courts
Shell
Space
Finishing of Shell Space
Expanded
Facility
Planned Addition
Courts
Provisions For Future Vertical Expansion
Low Volume
Courtrooms
Court–Related
Agencies
High Volume
Court & Related
Agencies
Entry
Level
Support
Potential
Expansion
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE DESIGN CONCEPTS, PAGE 4-9
Ill. EXPANSION, ADAPTABILITY AND FLEXIBILITY
All courthouses should be built to accommodate future changes and growth in the courts.
This requires buildings that can be expanded easily, spaces that can be used for more than
‘one purpose, and spaces that can adapt over time to
new uses and needs.
AL
Physical Expansion
‘Changes to the facility may become SpeceoCoume
necessary at some time in the future.
Planning should consider expansion options
in the event of unforeseen future growth.
Such planning should consider how the
building might be expanded through the
addition of courtroom modules or other
operations within the building. Consideration
also should be given to how the horizontal
and vertical portions of the three circulation Peneanacon
systems would be extended to service the
i Future Horizontal Expansion
expanded operations. Pans wok
Frishing of Shell Space
Adaptability and Flexi
‘Adaptability refers to the capacity of space to be converted for use by other functions.
The level of adaptability can be increased by creating a design that is based on
modules and structured around well-defined primary circulation routes. One means of
expansion is to move a component into a new
building or addition and to use the vacated
space for expansion of courtrooms or other
core court functions. This kind of adaptability
) that makes it possible to convert space into
coon additional courtrooms requires a structural
system design with appropriate column
High vote spacing and floor-to-floor heights to
tom Spence accommodate future courtroom modules.
Countoome
‘goncies Expansion
‘Suppo
Flexibility refers to the capacity of individual
spaces to be used for a variety of functions
over the lifetime of the building. One way of
maximizing flexibility is to have a limited range of enclosed office spaces and a
majority of the work processing space in open office areas where the screens and
furniture can be readily reconfigured to meet evolving needs without reconfiguring
walls.
Provisions For Future Vertical Expansion
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE DESIGN CONCEPTS  PAGE 4-10
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Other ideas include the use of building structural systems and core designs that are
flexible and adaptable to multiple future uses and needs. Space should be designed
with an alternative future use in mind. For example, conference rooms should be
sized to permit their easy conversion to standard sized offices. Another strategy might
be to make all enclosed spaces (supply closets or storage rooms) large enough that
they also can be converted to office space in the future as staff is added. It also means
making sure that all spaces are equipped with sufficient electrical, data, and voice
lines.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE DESIGN CONCEPTS PAGE 4-10
Other ideas include the use of building structural systems and core designs that are
flexible and adaptable to multiple future uses and needs. Space should be designed
with an alternative future use in mind, For example, conference rooms should be
sized to permit their easy conversion to standard sized offices. Another strategy might
be to make all enclosed spaces (supply closets or storage rooms) large enough that
they also can be converted to office space in the future as staff is added. It also means
making sure that all spaces are equipped with sufficient electrical, data, and voice
lines.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

SIZE DETERMINANTS OF THE COURTHOUSE  PAGE 5-1
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
CHAPTER 5 -  SIZE DETERMINANTS OF THE COURTHOUSE
The following key factors determine the required floor area of a courthouse. Understanding these
determinants and how they determine overall size will help in developing a functional plan and
design.
I. COURTROOMS
The number of courtrooms is the main determinant of the scale of a courthouse.
Courtrooms are used for different types of hearings in addition to regular trials, including
first appearances, preliminary hearings, motions hearings, pretrial hearings, and guilty pleas
and sentencing.
The number of courtrooms is a primary indicator of size for courthouses. Courtrooms are
large spaces, and each has associated with it a constellation of support spaces, such as
attorney client conference rooms, public waiting, and prisoner holding. Additionally, the
courtrooms are the major factor determining the number and size of the judicial, clerk,
public, technical and other spaces throughout the building.
The courtroom is an area where the public, private and secure circulation systems converge.
Courtrooms must be easily accessible to the public. Staff and judges must be able to enter
the courtroom by means of a private corridor, while in-custody defendants must enter
directly from secure circulation and a holding area adjacent to the courtroom. It is generally
recommended that each courtroom have
 At least two attorney client interview rooms
 An entry vestibule to keep the noise in the corridors out of the courtroom
 Access to secure circulation
 Access to associated in-custody holding cells
 Access to judges’ chambers by means of private circulation
 Access to jury deliberation rooms (Circuit Court) by means of private circulation
 Associated public waiting area
Courtrooms also generally require associated storage rooms and an audio-visual equipment
room.
II. COURTHOUSE OCCUPANTS
Determining the occupants of the courthouse is up to the local city or county. The
courtrooms, the judiciary and court clerks are central to the functioning of the courts. In
VIRGINIA COURTHOUSE FACILITY GUIDELINES
SIZE DETERMINANTS OF THE COURTHOUSE PAGE 5-1
CHAPTER 5 - SIZE DETERMINANTS OF THE COURTHOUSE
The following key factors determine the required floor area of a courthouse. Understanding these
determinants and how they determine overall size will help in developing a functional plan and
design,
L
I.
COURTROOMS
The number of courtrooms is the main determinant of the scale of a courthouse.
Courtrooms are used for different types of hearings in addition to regular trials, including
first appearances, preliminary hearings, motions hearings, pretrial hearings, and guilty pleas
and sentencing.
The number of courtrooms is a primary indicator of size for courthouses. Courtrooms are
large spaces, and each has associated with it a constellation of support spaces, such as
attorney client conference rooms, public waiting, and prisoner holding. Additionally, the
courtrooms are the major factor determining the number and size of the judicial, clerk,
public, technical and other spaces throughout the building.
The courtroom is an area where the public, private and secure circulation systems converge.
Courtrooms must be easily accessible to the public. Staff and judges must be able to enter
the courtroom by means of a private corridor, while in-custody defendants must enter
directly from secure circulation and a holding area adjacent to the courtroom. It is generally
recommended that each courtroom have
= At least two attomey client interview rooms
= Anentry vestibule to keep the noise in the corridors out of the courtroom
= Access to secure circulation
Access to associated in-custody holding cells
= Access to judges’ chambers by means of private circulation
= Access to jury deliberation rooms (Circuit Court) by means of private circulation
= Associated public waiting area
Courtrooms also generally require associated storage rooms and an audio-visual equipment
room.
COURTHOUSE OCCUPANTS
Determining the occupants of the courthouse is up to the local city or county. The
courtrooms, the judiciary and court clerks are central to the functioning of the courts. In
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

SIZE DETERMINANTS OF THE COURTHOUSE  PAGE 5-2
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
addition, certain functions, such as prisoner handling and basic public services are
considered part of the essential court functions that are included in all courthouses.
Other functions may be included in courthouses to enhance efficiency of the overall system.
 Commonwealth Attorney
 Victim Witness Program
 Day offices for outside social agencies (CASA, etc.)
 Mediation
 Juvenile Court Services
 Community Corrections/Adult Probation
 Public Defender
III. PERSONNEL
Staff occupies much of the space provided in a courthouse and, as with all office space, is
an important factor in determining required space.
IV. BARRIER FREE ACCESS
The need to provide access for persons with disabilities often requires additional space to
provide wheelchair access. The addition of ramps and space for turning has necessitated
some additional space in courtrooms and other spaces such as restrooms and offices. The
Americans with Disabilities Act govern requirements for barrier-free access in the
courthouse.
V. SPACE STANDARDS AND GROSSING FACTORS
A major determinant of overall courthouse space is the space allocation standards used
when designing a courthouse. Space allocation standards recommended in this document
are based on best/current practice for court facilities using examples from recent courthouse
construction in Virginia as well as from around the country. Many local jurisdictions also
have their own space standards for general office design and construction which may be
used for many of the general office spaces in the courthouse such as occur in the
Commonwealth Attorney’s Office and clerks’ offices.
The following table lists the most common workspaces incorporated in most court facilities.
Workspaces 1 to 3 are open or landscaped, while the remaining workspaces are enclosed
offices or rooms. The areas noted for the majority of rooms are measured to the center point
of the enclosing partitions. Net areas for landscaped workstations are measured to the
outside face of enclosing screens.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
SIZE DETERMINANTS OF THE COURTHOUSE PAGE 5-2
Iv.
addition, certain functions, such as prisoner handling and basic public services are
considered part of the essential court functions that are included in all courthouses.
Other functions may be included in courthouses to enhance efficiency of the overall system.
= Commonwealth Attorney
= Victim Witness Program

Day offices for outside social agencies (CASA, ete.)
= Mediation
= Juvenile Court Services
= Community Corrections/Adult Probation
= Public Defender
PERSONNEL

Staff occupies much of the space provided in a courthouse and, as with all office space, is
an important factor in determining required space.
BARRIER FREE ACCESS
The need to provide access for persons with disabilities often requires additional space to
provide wheelchair access. The addition of ramps and space for turning has necessitated
some additional space in courtrooms and other spaces such as restrooms and offices. The
‘Americans with Disabilities Act govern requirements for barrier-free access in the
courthouse.
SPACE STANDARDS AND GROSSING FACTORS
A major determinant of overall courthouse space is the space allocation standards used
when designing a courthouse. Space allocation standards recommended in this document
are based on best/current practice for court facilities using examples from recent courthouse
construction in Virginia as well as from around the country. Many local jurisdictions also
have their own space standards for general office design and construction which may be
used for many of the general office spaces in the courthouse such as occur in the
Commonwealth Attorney’s Office and clerks’ offices.
The following table lists the most common workspaces incorporated in most court facilities.
Workspaces I to 3 are open or landscaped, while the remaining workspaces are enclosed
offices or rooms. The areas noted for the majority of rooms are measured to the center point
of the enclosing partitions. Net areas for landscaped workstations are measured to the
outside face of enclosing screens.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

SIZE DETERMINANTS OF THE COURTHOUSE  PAGE 5-3
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Workspace Area Enclosure Typical Applications
Home Base 36 ft2 Open
‘Home base’ for staff who normally work away from their workstation.
This includes volunteers and staff who might spend most of their
workday in the courtroom or out of the building.
Workstation 48 ft2 Open Staff without regular need to consult others at their workstation and
without special equipment needs.
Workstation 70 ft2 Open
Staff at all levels, with regular need to consult one other person in
workstation, and with additional work surface, reference storage and
special equipment needs; or staff at all levels, with need to consult with
two other persons in workstation, and additional storage/reference
needs, but without special equipment needs.
Small Meeting/
Interview Room 90 ft2 Enclosed
Space for up to four persons to have a short meeting with acoustical
privacy but no storage needs. Also used as interview room or attorney
client interview room.
Standard Office 100-120 ft2 Enclosed
Personnel with role requiring space for regular meetings with up to two
other persons, acoustical privacy, reference and file storage. Also can
be used for day offices for visiting social service agencies such as
CASA. Judicial Secretary, Investigator, law clerk.
Professional/Attorney
Office 120-140 ft2 Enclosed
Professionals such as assistant commonwealth attorney, public
defender attorney, or probaiton officer. Requires acoustical privacy,
reference and file storage.
Supervisor’s Office 130-150 ft2 Enclosed Professional and management workspace with room for three visitors,
acoustical privacy, reference and file storage.
Department Head
Office 180-240 ft2  Enclosed Chief probation officer, District Court Clerk, J&DR Court Clerk
Judge’s
/Constitutional
Officer’s Office
300-380 ft2 Enclosed Judge workspace with room for five visitors and a washroom. Also
used for Circuit Clerk and Commonwealth Attorney offices.
Jury Assembly 10-15 sq. ft
per juror Enclosed Jury Assemble should hold 50 - 120 jurors. Courtroom may be used
for jury assembly in small courthouses.
Jury Deliberation 265-400 ft2 Enclosed 15-20 sq. ft. per juror plus space for toilets, coat room, and kitchenette,
and vestibule. Should hold a minimum of 14 persons.
Grand Jury Room 265-400 ft2 Enclosed Accommodates witness, court reporter, prosecutor, and jurors. Jury
deliberation room may be used.
Law Library Variable Enclosed Depends upon size of collection. May be used as conference room.
Large Circuit
Courtroom 2,000-2,200 Enclosed If thre is only one Circuit Courtroom in the Courthouse it should be a
large courtroom to accommodate a variety of proceedings.
Regular Circuit
Coourtroom 1,400-1,600 Enclosed Standard jury trial courtroom.
Large General
District Courtroom 2,000-2,200 Enclosed
Used for traffic or other high volume functions. If there is only one
General District Courtroom in the Courthouse it should be approx.
2,000 in order to handle all types of proceedings.
Standard General
District Courtroom 1,200-1,400 Enclosed Standard non-jury courtroom.
Large J&DR
Courtroom 1,200-1,400 Enclosed Limited spectator seating. Litigation area should accommodate
several counsel tables.
Standard J&DR
Courtroom 1,000-1,200 Enclosed Limited spectator seating. Litigation area should accommodate
several counsel tables.
Summary of Space Standards
VIRGINIA COURTHOUSE FACILITY GUIDELINES
SIZE DETERMINANTS OF THE COURTHOUSE PAGE 5-3
Summary of Space Standards
Worayas ea Ea Ta acne
ome base er sta wno normaly work ana For or worstaton
Home Base 36f Open This includes volunteers and staff who might spend most of their
svordayin th eourtoom oro ofthe buling
Sia wihout eguar need io consul oer at a worktaton and
Workstation 488 Open without special equipment needs.
Sie all lewis wih regular need To conaufana oharparsonh
worelaton and wih additonal wor surface reference storage and
Workstation Toft? Open —_special equipment needs; or staff at all levels, with need to consult with
{woofer person nwoksaion and addinal stragehetrence
noods, bt what special upmant nods
Spacer up fur porsone ohne ashe moaT09 wit GoDUnTO
[Pratl Meeting! 901 Enclosed privacybutno storage needs. Also used as interview room or attomey
Interview Room client interview room
Pereonne wif role equiva apace or agar Teeings win Up E WD
dar co doses ohorPorsons, caustal pay rfrnoe anda storage. M0 can
Standard Of too-1208) Enclosed be used for day offices for visiting social service agencies such as
CASA Jul Seereany, msigator lan cork
socsovaratome Prolevsonale such as asian commonwesif afaTay pT
'Y 420-140? Enclosed defender attomey, or probaiton officer. Requires acoustical privacy,
lorce
ference and he stage
Presson and management wanapece wih rom for ee Well,
[Superisors Office 130-180) Enclosed acoustical privacy, reference and file storage.
Pepermentieas sgoz40i% Endlosed Chief probaton oer, ist Cour Clerk. J8OR Cour Clerk
foes Judge workspace wit room forte vis ana washroom. Aso
fconsttutona: ———so0-aeor Enelosea 0496 workspace wih room ors anda was
[consttatona used or Cra Gtk and Commonwealth Morne oon
conven TWATSUR goggagy WV Rconble shoud OTSO- TOOT. Coutroon maybe sod
uy Assembly per juror Enclosed for jury assembly in small courthouses.
vy bolbeaion oseg 182080 § pore pls space fr ls, aatToon, and enete,
Jury Deliberati 265-4008" Enclosed “a4 vestibule. Should hold a minimum of 14 persons.
[cans yRoom 26540077 Eneosee Aemmodels wines cout opera posed, andjwers Jay
fw ibrary Varabe) Enosed Depends vpn in acolcton, Haye used a conference room
[age Ora Tires ony ane Crea Couroom ine CourhovseNehould bea
|Courtroom, 2,000-2,200) Enclosed large courtroom to accommodate a variety of proceedings.
Regular Croat
fResle-Creut 4904600) Enclosed Standout couroom
Lecce Teed or fac oroforhigh lume neve, Fores orvane
Lerce Genera 3900:2200, Enlosed Genera Dstt Couoom nthe Courouse shoul be epprox
2000 noréria handle all pes orocandings
[Standard General 4 209.4,400 Enclosed Standard non-jury courtroom
District Courtroom “hayoou
Lace J8DR 700.4409 enaoseg Lila specaor sean, Liigaon area shoul acommodala
courroom several counee ales.
[StndarsJ8R 0551200 endosea ified spectator seating gation area should accommodate
courtoom several coune ales
Office of the Executive Secretary
Supreme Court of Virginia
‘Prepared by: Don Hardenberg, Court works
Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

SIZE DETERMINANTS OF THE COURTHOUSE  PAGE 5-4
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
A. Net Square Feet (NSF)
For the purposes of these guidelines, net square feet (NSF) is the amount of space
required for a particular function, such as a single workstation or private office,
exclusive of interior walls or circulation space around the functional area. The NSF is
the assignable, or functional, space in the building. These facility guidelines include
space standards that are described in net square feet (NSF).
Net areas for open office shelving and file cabinets, including high-density filing and
mechanical filing units include the required working area in front of the unit to allow
the files and shelves to be accessed.
Net areas for reception counters and service counters include space to allow the staff
to sit or stand behind the counter and for the public to stand in front of the counter.
B. Component Gross Square Feet (CGDF)
To make individual functional spaces work in conjunction with each other, such as a
cluster of offices or workstations, a circulation/grossing factor is added to the NSF.
The circulation factor adds space for interior walls and partitions, internal corridors,
and circulation among functional components. This is the amount of area that is
required for a department or component such as the clerk’s office or Commonwealth
Attorney’s Office to function within the building. This is the Component Gross
Square Feet and is calculated by multiplying the total NSF in a component by a factor
that estimates the additional space needed for partitions, interior circulation, and
structural members and columns. Depending upon the type of space the appropriate
factors may vary from 1.2 to 1.5.
The CGSF needed in a courthouse is reasonably consistent with similar requirements
in commercial office or government administration buildings except in highly
specialized areas, such as courtrooms and prisoner holding facilities that require
considerably more internal circulation.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
SIZE DETERMINANTS OF THE COURTHOUSE PAGE 5-4
A.
Net Square Feet (NSF)
For the purposes of these guidelines, net square feet (NSF) is the amount of space
required for a particular function, such as a single workstation or private office,
exclusive of interior walls or circulation space around the functional area. The NSF is
the assignable, or functional, space in the building. These facility guidelines include
space standards that are described in net square feet (NSF).
Net areas for open office shelving and file cabinets, including high-density filing and
mechanical filing units include the required working area in front of the unit to allow
the files and shelves to be accessed.
Net areas for reception counters and service counters include space to allow the staff
to sit or stand behind the counter and for the public to stand in front of the counter.
‘Component Gross Square Feet (CGDF)
To make individual functional spaces work in conjunction with each other, such as a
cluster of offices or workstations, a circulation/grossing factor is added to the NSF.
The circulation factor adds space for interior walls and partitions, internal corridors,
and circulation among functional components. This is the amount of area that is
required for a department or component such as the clerk’s office or Commonwealth
Attorney’s Office to function within the building. This is the Component Gross
Square Feet and is calculated by multiplying the total NSF in a component by a factor
that estimates the additional space needed for partitions, interior circulation, and
structural members and columns. Depending upon the type of space the appropriate
factors may vary from 1.2 to 1.5.
The CGSF needed in a courthouse is reasonably consistent with similar requirements
in commercial office or government administration buildings except in highly
specialized areas, such as courtrooms and prisoner holding facilities that require
considerably more internal circulation.
City of Portsmouth Courthouse, Component Spaces
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

SIZE DETERMINANTS OF THE COURTHOUSE  PAGE 5-5
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
C. Building Gross Square Feet (BGSF)
To link various functional departments within a courthouse and to transport people
among floors additional space has to be added to the CGSF. Basic core functions,
beyond net assignable square feet, and beyond CGSF, are required in any building.
For a courthouse, this includes major public corridors linking departments; private
corridors linking courtrooms, judges’ chambers, jury deliberation rooms, and other
dedicated courtroom-support spaces; secure corridors linking courtrooms with
prisoner detention facilities;
public elevators and elevator
lobbies; private and secure
elevators; stairs; mechanical,
electrical, and plumbing
chases; public toilet facilities;
and the exterior walls of the
building. It is suggested that
main lobby areas, bulk storage
areas, and major mechanical
systems are best treated as net
assignable spaces in order to
assure sufficient space.
Because courthouses have unique security and circulation requirements, more total
space is needed to make individual departmental areas work than in an office building
or other government buildings. Courthouses require additional private corridors and
private and secure elevator cores. Because judicial facilities must handle large
numbers of people with efficiency and a sense of decorum, main lobbies, elevator
cores and elevator lobbies, and public corridors must be larger than in a typical office
building. This additional space is referred to as building gross square feet (BGSF).
D. Net to Gross Ratios/Efficiency Factors
During the planning process it is necessary to estimate both the CGSF and the BGSF.
Both can be estimated by multiplying the net area by a grossing factor. To arrive at an
estimate of CGSF the net area is multiplied by a factor of 1.2 to 1.3. To arrive at a
BGSF estimate the typical courthouse should have a net to gross ratio of 1.35 to 1.65.

The NSF should be multiplied by a factor of 1.35 to 1.65 to estimate total BGSF. The
average ratio among recent projects nationwide is about 1.50.
E. Ratio of Total Building Area to Total Number of Courtrooms
Another way to estimate total BGSF is to make use of the ratio of BGSF to the
number of courtrooms. This might be done in order to obtain a rough order of
magnitude estimate during the early planning discussions prior to the hiring of a cost
consultant. An examination of recent court project nationally provided a range of
12,000 to 17,000 BGSF per courtroom. A critical factor in determining this ratio is
Net Area
Component Gross  Area 1.2 -1.3 x Net
Building Gross  Area 1.40 -1.65 x Net
Typical Courthouse Efficiency and Grossing Factors
VIRGINIA COURTHOUSE FACILITY GUIDELINES
SIZE DETERMINANTS OF THE COURTHOUSE PAGE 5-5
Cc
Building Gross Square Feet (BGSF)
To link various functional departments within a courthouse and to transport people
among floors additional space has to be added to the CGSF. Basic core functions,
beyond net assignable square feet, and beyond CGSF, are required in any building.
For a courthouse, this includes major public corridors linking departments; private
corridors linking courtrooms, judges’ chambers, jury deliberation rooms, and other
dedicated courtroom-support spaces; secure corridors linking courtrooms with
prisoner detention facilities;
public elevators and elevator
lobbies: private and secure
elevators; stairs; mechanical,
electrical, and plumbing
chases; public toilet facilities:
and the exterior walls of the earn
building. It is suggested that
main lobby areas, bulk storage
areas, and major mechanical
systems are best treated as net
assignable spaces in order to
assure sufficient space. Typical Courthouse Efficiency and Grossing Factors
Because courthouses have unique security and circulation requirements, more total
space is needed to make individual departmental areas work than in an office building
or other government buildings. Courthouses require additional private corridors and
private and secure elevator cores. Because judicial facilities must handle large
numbers of people with efficiency and a sense of decorum, main lobbies, elevator
cores and elevator lobbies, and public corridors must be larger than in a typical office
building. This additional space is referred to as building gross square feet (BGSF).
Net to Gross Ratios/Efficiency Factors
During the planning process it is necessary to estimate both the CGSF and the BGSF.
Both can be estimated by multiplying the net area by a grossing factor. To arrive at an
estimate of CGSF the net area is multiplied by a factor of 1.2 to 1,3. To arrive ata
BGSF estimate the typical courthouse should have a net to gross ratio of 1.35 to 1.65.
The NSF should be multiplied by a factor of 1.35 to 1.65 to estimate total BGSF. The
average ratio among recent projects nationwide is about 1.50.
Ratio of Total Building Area to Total Number of Courtrooms
Another way to estimate total BGSF is to make use of the ratio of BGSF to the
number of courtrooms. This might be done in order to obtain a rough order of
magnitude estimate during the early planning discussions prior to the hiring of a cost
consultant. An examination of recent court project nationally provided a range of
12,000 to 17,000 BGSF per courtroom. A critical factor in determining this ratio is
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

SIZE DETERMINANTS OF THE COURTHOUSE  PAGE 5-6
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
what is to be included in the courthouse. In Virginia, a courthouse that includes
Juvenile Court Services and Community Corrections within the building will have a
slightly higher BGSF/courtroom ratio than one that does not.  Also, Virginia’s courts
on average operate with fewer staff, such as judicial secretaries/ assistants, law clerks,
and other judicial support staff, than do many courts around the country, thus
Virginia’s courthouses are likely to have a lower BGSF to courtroom ratio on average
than do courthouses in other areas of the country. For the purposes of early planning a
good ratio for courts in Virginia is be between 13,000 and 16,000 BGSF per
courtroom.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
SIZE DETERMINANTS OF THE COURTHOUSE PAGE 5-6
what is to be included in the courthouse. In Virginia, a courthouse that includes
Juvenile Court Services and Community Corrections within the building will have a
slightly higher BGSF/courtroom ratio than one that does not, Also, Virginia’s courts
on average operate with fewer staff, such as judicial secretaries’ assistants, law clerks,
and other judicial support staff, than do many courts around the country, thus
Virginia’s courthouses are likely to have a lower BGSF to courtroom ratio on average
than do courthouses in other areas of the country. For the purposes of early planning a
good ratio for courts in Virginia is be between 13,000 and 16,000 BGSF per
courtroom,
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

GENERAL BUILDING CONCEPTS   PAGE 6-1
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
CHAPTER 6 -  GENERAL BUILDING CONCEPTS
While many elements of a courthouse can be described as discrete units that combine to create
individual areas of the building, other elements are pervasive and affect the ultimate utility of the
facility. These guidelines address the pervasive elements first to emphasize their importance. The
effects of elements such as location, circulation, and security are hard to quantify. Yet the
successful integration of these elements into the building will be apparent to, and appreciated by,
all users of the facility, while failure to do so will quickly be apparent.
I. SITE PLANNING AND ACQUISITION
If new construction is the option chosen, information about the availability, suitability, and
cost of alternative sites is necessary. A major consideration should be the impact that a
move will have on the public and client populations. How accessible is the new location? Is
public transportation available? Is there sufficient parking?
Another factor to be considered is the affect that a move will have on the movement of in-
custody defendants and how transportation costs will be affected.
Among the criteria that usually need to be considered are,
 Ease of public access.
 Availability of public
transportation and
parking.
 Proximity to other
government buildings
and programs.
 Relationship to other
services such as
restaurants, office
supplies, libraries, copy
centers and attorney
offices.
 Relationship to civic
center.
 Impact on surrounding residential neighborhoods.
 Prominence of site.
 Availability and cost of site.
City of Portsmouth Courthouse, Site Plan
VIRGINIA COURTHOUSE FACILITY GUIDELINES
GENERAL BUILDING CONCEPTS, PAGE 6-1
CHAPTER 6- GENERAL BUILDING CONCEPTS
While many elements of a courthouse can be described as discrete units that combine to create
individual areas of the building, other elements are pervasive and affect the ultimate utility of the
facility. These guidelines address the pervasive elements first to emphasize their importance. The
effects of elements such as location, circulation, and security are hard to quantify. Yet the
successful integration of these elements into the building will be apparent to, and appreciated by,
all users of the facility, while failure to do so will quickly be apparent.
I. SITE PLANNING AND ACQUISITION
If new construction is the option chosen, information about the availability, suitability, and
cost of alternative sites is necessary. A major consideration should be the impact that a
move will have on the public and client populations. How accessible is the new location? Is
public transportation available? Is there sufficient parking?
Another factor to be considered is the affect that a move will have on the movement of in-
custody defendants and how transportation costs will be affected.
Among the criteria that usually need to be considered are,
= Ease of public access.
= Availability of public
transportation and
parking.
= Proximity to other
government buildings
and programs.
= Relationship to other
services such as
restaurants, office
supplies, libraries, copy
centers and attorney
offices.
= Relationship to civic
center.
City of Portsmouth Courthouse, Site Plan
= Impact on surrounding residential neighborhoods.
= Prominence of site.
= Availability and cost of site.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

GENERAL BUILDING CONCEPTS   PAGE 6-2
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
 Expansion potential.
 Site amenities.
 Physical constraints of the site.
 Site use restrictions.
 Prisoner accessibility.
Initial consideration of site acquisition should be kept “in house” to prevent land cost
escalation. Public hearings on site selection, with publication of advance notice of the
hearings, is advisable in order to obtain the views of various interest groups and to obviate
subsequent opposition on the ground that conflicting interests were not taken into
consideration in the site selection process.
A. Location
When planning a new courthouse, the site should be one that is easily reached by the
general public, either by car or public transportation. It is desirable that it be in
proximity to the main business district and any cluster of professional offices,
particularly attorneys, and near other government offices with which the court
interacts. While it is not essential that the courts be located near the jail, it is often
desirable. Those courts that have direct access from the jail to the court experience
fewer problems and reduced expense for transportation of prisoners. Where this is not
possible, a special entry, or vehicular sally port, for prisoner transport vehicles is
required.
Today many new courthouses are built on the perimeter of the community in which
they were once located because of congested downtown locations and the scarcity of
suitable building sites large enough to accommodate the new building’s requirements.
It is rare to have everyone agree on an ideal location for the new court facility but
deliberations should involve considerations for the public, business and professional
communities and other government activities. Careful study of the past and projected
growth of the locality and its demographics could prove useful in designating the best
available site.
Whenever possible, all three courts (Circuit Court, General District Court, and
Juvenile and Domestic Relations District Court) should be located in the same
facility, or in facilities in close proximity to one another, as in a judicial or
government complex or campus. The public perceives the courts as a whole, and
looks to the courthouse as the logical place to go for matters relating to “court.” When
the Circuit, General District, and Juvenile and Domestic Relations District Courts are
located in different parts of the community, it can be confusing to members of the
public. It can also detract from the notion of a unified court system, particularly when
there is a noticeable difference in the quality of the facilities housing the three courts.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
GENERAL BUILDING CONCEPTS PAGE 6-2
= Expansion potential.
= Site amenities.
= Physical constraints of the site
= Site use restrictions.
= Prisoner accessibility.
Initial consideration of site acquisition should be kept “in house” to prevent land cost
escalation. Public hearings on site selection, with publication of advance notice of the
hearings, is advisable in order to obtain the views of various interest groups and to obviate
subsequent opposition on the ground that conflicting interests were not taken into
consideration in the site selection process.
AL
Location
When planning a new courthouse, the site should be one that is easily reached by the
general public, either by car or public transportation. It is desirable that it be in
proximity to the main business district and any cluster of professional offices,
particularly attorneys, and near other government offices with which the court
interacts, While it is not essential that the courts be located near the jail, it is often
desirable. Those courts that have direct access from the jail to the court experience
fewer problems and reduced expense for transportation of prisoners. Where this is not
possible, a special entry, or vehicular sally port, for prisoner transport vehicles is
required.
Today many new courthouses are built on the perimeter of the community in which
they were once located because of congested downtown locations and the scarcity of
suitable building sites large enough to accommodate the new building’s requirements.
It is rare to have everyone agree on an ideal location for the new court facility but
deliberations should involve considerations for the public, business and professional
communities and other government activities. Careful study of the past and projected
growth of the locality and its demographics could prove useful in designating the best
available site
Whenever possible, all three courts (Circuit Court, General District Court, and
Juvenile and Domestic Relations District Court) should be located in the same
facility, or in facilities in close proximity to one another, as in a judicial or
government complex or campus. The public perceives the courts as a whole, and
looks to the courthouse as the logical place to go for matters relating to “court.” When
the Circuit, General District, and Juvenile and Domestic Relations District Courts are
located in different parts of the community, it can be confusing to members of the
public. It can also detract from the notion of a unified court system, particularly when
there is a noticeable difference in the quality of the facilities housing the three courts.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

GENERAL BUILDING CONCEPTS   PAGE 6-3
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
B. Public and Pedestrian Access
Access to the courthouse should be both safe and convenient for everyone. Ideally it
would be located where individuals have easy, inexpensive access to the building,
where it is located on public transportation routes, within easy walking distance of
major government and commercial buildings, and close to major public roads with
plenty of parking. Unfortunately, this is not always possible. Small rural communities
often do not have public transportation and in many of our larger urban centers
walking to the courthouse is not possible unless you are in the immediate vicinity.
Most people will arrive at the courthouse by car, so it is critical that the courthouse be
located on a main thoroughfare and that there be plenty of accessible parking.
C. Parking
Adequate parking should be available near all court facilities, with special provisions
made for judges, Constitutional Officers, and if possible jurors.
In addition to judges and staff, attorneys, litigants, family, friends, jurors, media
personnel, and witnesses all come to the courthouse daily for trials, other court
hearings, and to conduct business with the courts. In Virginia, land records bring title
searchers, attorneys, and members of the public to the courthouse. Lack of adequate
parking not only creates traffic problems, as people drive around looking for places to
park, it can cause court delays when trial participants are late to court because they
cannot find a place to park.
Judges and Constitutional Officers should be proved secure parking, preferably in an
enclosed garage with direct access to the court’s private circulation system. Judges
should never be provided unsecured parking in the public parking area and judges’
parking spaces should never be identified.
Determining the proper number of parking spaces is contingent on a number of
factors, including:
 The number and type of courtrooms.
 The availability of and the expected use of public transit.
 The availability of carpooling and public transportation programs to reduce staff
parking requirements.
 The number of employees.
 The average number of attorneys, visitors, witnesses, litigant, and jurors expected
daily and their expected length of stay.
 Availability of existing parking within a three- to five-minute walk from the
courthouse.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
GENERAL BUILDING CONCEPTS PAGE 6-3
B.
Public and Pedestrian Access
Access to the courthouse should be both safe and convenient for everyone. Ideally it
would be located where individuals have easy, inexpensive access to the building,
where it is located on public transportation routes, within easy walking distance of
major government and commercial buildings, and close to major public roads with
plenty of parking. Unfortunately, this is not always possible. Small rural communities
often do not have public transportation and in many of our larger urban centers
walking to the courthouse is not possible unless you are in the immediate vicinity.
Most people will arrive at the courthouse by car, so it is critical that the courthouse be
located on a main thoroughfare and that there be plenty of accessible parking.
Parking
‘Adequate parking should be available near all court facilities, with special provisions
made for judges, Constitutional Officers, and if possible jurors.
In addition to judges and staff, attorneys, litigants, family, friends, jurors, media
personnel, and witnesses all come to the courthouse daily for trials, other court
hearings, and to conduct business with the courts. In Virginia, land records bring title
searchers, attorneys, and members of the public to the courthouse. Lack of adequate
parking not only creates traffic problems, as people drive around looking for places to
park, it can cause court delays when trial participants are late to court because they
cannot find a place to park.
Judges and Constitutional Officers should be proved secure parking, preferably in an
enclosed garage with direct access to the court’s private circulation system. Judges
should never be provided unsecured parking in the public parking area and judges”
parking spaces should never be identified.
Determining the proper number of parking spaces is contingent on a number of
factors, including:


The number and type of courtrooms.
= The availability of and the expected use of public transit.


The availability of carpooling and public transportation programs to reduce staff
parking requirements.


The number of employees.


The average number of attorneys, visitors, witnesses, litigant, and jurors expected
daily and their expected length of stay.


= Availability of existing parking within a three- to five-minute walk from the
courthouse.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

GENERAL BUILDING CONCEPTS   PAGE 6-4
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
 The average number of official vehicles expected daily at the site.
Demand for parking spaces at court facilities is not well documented. Limited data
from several recent court projects indicate a parking demand for all courthouse users,
excluding judicial officers who are given secured parking, ranges from about 2 to 4
spaces per 1,000 gross building square feet. No single standard for courthouse
parking exists: geographic location; number of and type of courtrooms; number of
employees; proximity to downtown and public transit systems; availability of shared
parking with other offices; and land uses all affect parking demand.
Handicapped-accessible parking spaces in the quantities required by code relative to
the overall size of the parking lot must be provided. Accessible spaces should be
located adjacent (or as close as possible) to the building’s main entry.
A drop-off zone may be provided near the building’s main entry. If provided it should
be outside any defined security zone protected by bollards, berms, or other type of
barrier.
Provide a loading/delivery zone for delivery vehicles that do not need to use the
loading dock, or where a loading dock is not provided.
II. ACCOMMODATING THE PUBLIC
Court facilities must include public waiting areas with access to pay telephones, drinking
fountains, and restrooms, in or near courtrooms and offices where the public comes to
conduct business.
A. Waiting Areas
Public waiting areas should be easily accessible from the public entrances. Seating
areas should be provided, but should not obstruct traffic patterns. In addition to a
lobby area near the main entrance, large hallways or special waiting rooms, with
comfortable seating, in which
visitors may wait and attorneys
can meet with their clients,
should be planned near
courtrooms. In planning and
furnishing these spaces
consideration should be given to
minimizing noise transmission
from the waiting area to the
courtroom. Because the
aesthetics of the waiting area
may have an effect on litigants
and witnesses coming to court,
care should be taken in selecting
Fairfax County Courthouse, Public Waiting Area
VIRGINIA COURTHOUSE FACILITY GUIDELINES
GENERAL BUILDING CONCEPTS PAGE 6-4
I.
= The average number of official vehicles expected daily at the site.
Demand for parking spaces at court facilities is not well documented, Limited data
from several recent court projects indicate a parking demand for all courthouse users,
excluding judicial officers who are given secured parking, ranges from about 2 to 4
spaces per 1,000 gross building square feet. No single standard for courthouse
parking exists: geographic location; number of and type of courtrooms; number of
employees; proximity to downtown and public transit systems; availability of shared
parking with other offices; and land uses all affect parking demand.
Handicapped-accessible parking spaces in the quantities required by code relative to
the overall size of the parking lot must be provided. Accessible spaces should be
located adjacent (or as close as possible) to the building’s main entry.
A drop-off zone may be provided near the building’s main entry. If provided it should
be outside any defined security zone protected by bollards, berms, or other type of
barrier.
Provide a loading/delivery zone for delivery vehicles that do not need to use the
loading dock, or where a loading dock is not provided,
ACCOMMODATING THE PUBLIC
Court fi
ilities must include public waiting areas with access to pay telephones, drinking
fountains, and restrooms, in or near courtrooms and offices where the public comes to
conduct business.
AL
Waiting Areas
Public waiting areas should be easily accessible from the public entrances. Seating
areas should be provided, but should not obstruct traffic patterns. In addition to a
lobby area near the main entrance, large hallways or special waiting rooms, with
comfortable seating, in which .
visitors may wait and attorneys
can meet with their clients,
should be planned near
courtrooms. In planning and
furnishing these spaces
consideration should be given to
minimizing noise transmission
from the waiting area to the
courtroom. Because the
aesthetics of the waiting area
may have an effect on litigants
and witnesses coming to court,
care should be taken in selecting
Fairfax County Courthouse, Public Waiting Area
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

GENERAL BUILDING CONCEPTS   PAGE 6-5
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
the colors and textures of wall coverings and furnishings. Public restrooms, pay
telephones, and water fountains should be conveniently located in or near these areas.
Basic first-aid services may be provided.
Waiting space needs vary with the type of court being served. General district courts
with their large misdemeanor and traffic calendars will generally require more public
waiting space than circuit courts. A public address system facilitates moving people
from the waiting area to the courtrooms at the appropriate times. Juvenile and
Domestic Relations District Courts also require larger waiting areas to accommodate
persons waiting for their hearing. Unlike General District Court and Circuit Courts
where persons generally wait for their hearing in the courtroom, J&DR Courts
generally restrict seating in the courtroom to persons participating in the hearing
while everyone else waits outside.
Circuit courts generally require less waiting area. Smaller hallways with seating areas
may be appropriate. To be effective, waiting areas must be planned to accommodate
the court’s busiest days. Large numbers of people with no place to wait can create
confusion in the courthouse and present a security and safety problem.
Offices such as the clerk’s office should include open space to accommodate waiting
lines and limited seating on the public side of the counter.
B. Food Service
Where food service is not
available near the courthouse
consideration should be given to
providing some type of food
service in the courthouse.
Depending on the court’s size and
level of activity, this need may be
addressed by vending machines, a
snack bar, or a cafeteria. For
courts situated in a government
complex, a central cafeteria may
be available which would serve
the courts’ needs.
C. Public Information and Signage
In large busy courthouses, a staffed information desk may be considered. If included,
it should be located in a highly visible area near the main entrance just inside the
security perimeter and clearly identified. Interactive touch screen displays that can
provide directional as well as other building or case information can be located in the
lobby or elsewhere in the building.
City of Portsmouth Courthouse, Vending Area
VIRGINIA COURTHOUSE FACILITY GUIDELINES
GENERAL BUILDING CONCEPTS PAGE 6-5
the colors and textures of wall coverings and furnishings. Public restrooms, pay
telephones, and water fountains should be conveniently located in or near these areas.
Basic first-aid services may be provided.
Waiting space needs vary with the type of court being served. General district courts
with their large misdemeanor and traffic calendars will generally require more public
waiting space than circuit courts. A public address system facilitates moving people
from the waiting area to the courtrooms at the appropriate times. Juvenile and
Domestic Relations District Courts also require larger waiting areas to accommodate
persons waiting for their hearing. Unlike General District Court and Circuit Courts
where persons generally wait for their hearing in the courtroom, J&DR Courts
generally restrict seating in the courtroom to persons participating in the hearing
while everyone else waits outside.
Circuit courts generally require less waiting area, Smaller hallways with seating areas
may be appropriate. To be effective, waiting areas must be planned to accommodate
the court’s busiest days. Large numbers of people with no place to wait can create
confusion in the courthouse and present a security and safety problem.
Offices such as the clerk’s office should include open space to accommodate waiting
lines and limited seating on the public side of the counter.
Food Service
Where food service is not
available near the courthouse
consideration should be given to
providing some type of food
service in the courthouse.
Depending on the court’s size and
level of activity, this need may be
addressed by vending machines, a
snack bar, or a cafeteria, For
courts situated in a government
complex, a central cafeteria may
be available which would serve City of Portsmouth Courthouse, Vending Area
the courts’ needs.
Public Information and Signage
In large busy courthouses, a staffed information desk may be considered. If included,
it should be located in a highly visible area near the main entrance just inside the
security perimeter and clearly identified. Interactive touch screen displays that can
provide directional as well as other building or case information can be located in the
lobby or elsewhere in the building.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

GENERAL BUILDING CONCEPTS   PAGE 6-6
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Good signage answers questions before they are asked and promotes good will with
the public. It also eliminates the need to ask for directions or instructions from court
staff that are busy working. There are many signage styles available, and several
should be considered prior to selection.
Facility planners should try to insure continuity of the signage supplier since internal
changes are inevitable – and using the same type for new signs is desirable. Hand
lettered signs should be avoided except as a very temporary measure.

Case Information and Dockets

In the main lobby and outside
each courtroom should be an
area where daily dockets can
be displayed. In the past this
was in the form of typed or
printed sheets providing the
defendant name, case number,
time, and courtroom. Most
new court facilities are
making use of automated
video docket display systems.
These require power and data
jacks positioned on the wall usually at a height of about seven to eight feet from
the floor. Also required are mounting brackets to hold the video panels.

Building Directions and Directory

Prominent directional and informational signs should be used in the courthouse.
Signs directing the public within a court facility should complement the interior
decor of the facility and should be designed to be uniform and professional in
appearance. Such signs should be located in the lobby and on each floor of the
courthouse.
There should be a building directory and a building schematic diagram located at
the main public entrance that lists all offices in the building. Among the other
types of signs that should be installed are: office names; room numbers; officials’
names and titles; counter signs such as criminal or civil; restricted access;
warnings; directional signs with arrows; special handicap facilities; quiet zones;
and brief procedural guidelines (i.e. “order and pay for photocopies here”).

Limited English Proficiency

There should be clearly displayed signage as soon as one enters a courthouse to
indicate the availability of free language access services. It is desirable for this
message to appear in English and also in any language for which there are at least
Colonial Heights Courthouse, Video Docket in Lobby
VIRGINIA COURTHOUSE FACILITY GUIDELINES
GENERAL BUILDING CONCEPTS PAGE 6-6
Good signage answers questions before they are asked and promotes good will with
the public. It also eliminates the need to ask for directions or instructions from court
staff that are busy working. There are many signage styles available, and several
should be considered prior to selection.
Facility planners should try to insure continuity of the signage supplier since internal
changes are inevitable — and using the same type for new signs is desirable. Hand
lettered signs should be avoided except as a very temporary measure.

Case Information and Dockets

In the main lobby and outside
each courtroom should be an
area where daily dockets can
be displayed. In the past this
was in the form of typed or
printed sheets providing the
defendant name, case number,
time, and courtroom. Most
new court facilities are
making use of automated
video docket display systems. "Coli Heights Courthouse. Vieo Docket in Labby
These require power and data
jacks positioned on the wall usually at a height of about seven to eight feet from
the floor. Also required are mounting brackets to hold the video panels.

Building Directions and Directory

Prominent directional and informational signs should be used in the courthouse.
Signs directing the public within a court facility should complement the interior
decor of the facility and should be designed to be uniform and professional in
appearance. Such signs should be located in the lobby and on each floor of the
courthouse.
There should be a building directory and a building schematic diagram located at
the main public entrance that lists all offices in the building. Among the other
types of signs that should be installed are: office names; room numbers; officials’
names and titles; counter signs such as criminal or civil; restricted access;
warnings; directional signs with arrows; special handicap facilities; quiet zones;
and brief procedural guidelines (i.e. “order and pay for photocopies here”).

Limited English Proficiency
There should be clearly displayed signage as soon as one enters a courthouse to

indicate the availability of free language access services. It is desirable for this
‘message to appear in English and also in any language for which there are at least
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

GENERAL BUILDING CONCEPTS   PAGE 6-7
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
1000 individuals served by the courthouse within a one year period (to the degree
that each language possesses a written component).
Additional signage is useful for those with limited English proficiency (LEP).  In
particular, this material may be functional rather than tied to specific court
terminology.  So, rather than identifying a “Docket,” a sign may be more useful
for someone with LEP if it were to send the message, “Verify case information
here.” All signs should be reviewed for accuracy on a regular basis as offices and
functions may shift locations within a courthouse, and the signs should contain
the English equivalent in addition to its translation.  In no event should signs be
updated in English, without its translated equivalent being updated as well.

Courts should especially consider multilingual signs to identify important
locations for post-court obligations (i.e. fine paying station).  Signs can and
should rely on images whenever possible, given the fact that any individual
without visual impairment can understand them, regardless of language
proficiency.  Many courts currently use such image signs to specify items that are
forbidden within a court building, to advertise the existence of a non-smoking
policy, and to identify the locations of male and female restrooms.
III. PLANNING FOR EXTENDED HOURS ACCESS
There is often a need for after-hours access to some parts of the building. The
Commonwealth’s Attorney’s Office often needs to work after-hours and on weekends. If
Juvenile Court Services and Community Corrections are in the courthouse, they too may
desire after-hours access to meet with clients and provide special programs. The
Magistrates, if in the courthouse, require 24-hour access seven days a week.
The layout of the courthouse should facilitate public and staff after-hours access to these
areas while still maintaining overall building security. After hours use by one component
must not jeopardize the security of other components in the building.
IV. PLANNING FOR ACOUSTICS
Careful consideration must be given to the choice of textures and materials used for carpets,
screens, and wall coverings. Normal privacy between open-office workstations can be
provided through use of high sound absorptive ceilings, moderately high screens, and
sufficient ambient sound (either through general sounds in the office, or through use of an
electronic sound masking system).
Areas of the courthouse that require special acoustic consideration include jury deliberation
rooms, judicial chambers, attorney / client interview rooms, probation offices, and attorney
offices, as well as the prisoner holding areas and cells. Courtrooms have slightly difference
acoustic requirements to assist all the participants to hear clearly. For this reason it is
important to eliminate outside noises from being heard in the courtroom. This include
outside street noises, conversations and noise from the corridors, and especially noise
generated from within the court floor holding cells.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
GENERAL BUILDING CONCEPTS PAGE 6-7
Iv.
1000 individuals served by the courthouse within a one year period (to the degree
that each language possesses a written component).
Additional signage is useful for those with limited English proficiency (LEP). In
particular, this material may be functional rather than tied to specific court
terminology. So, rather than identifying a “Docket,” a sign may be more useful
for someone with LEP if it were to send the message, “Verify case information
here.” Alll signs should be reviewed for accuracy on a regular basis as offices and
functions may shift locations within a courthouse, and the signs should contain
the English equivalent in addition to its translation. In no event should signs be
updated in English, without its translated equivalent being updated as well.
Courts should especially consider multilingual signs to identify important
locations for post-court obligations (i.e. fine paying station). Signs can and
should rely on images whenever possible, given the fact that any individual
without visual impairment can understand them, regardless of language
proficiency, Many courts currently use such image signs to specify items that are
forbidden within a court building, to advertise the existence of a non-smoking
policy, and to identify the locations of male and female restrooms.
PLANNING FOR EXTENDED HOURS ACCESS
There is often a need for after-hours access to some parts of the building. The
Commonwealth’s Attorney’s Office often needs to work after-hours and on weekends. If
Juvenile Court Services and Community Corrections are in the courthouse, they too may
desire after-hours access to meet with clients and provide special programs. The
Magistrates, if in the courthouse, require 24-hour access seven days a week
The layout of the courthouse should facilitate public and staff after-hours access to these
areas while still maintaining overall building security. After hours use by one component
must not jeopardize the security of other components in the building.
PLANNING FOR ACOUSTICS.
Careful consideration must be given to the choice of textures and materials used for carpets,
screens, and wall coverings. Normal privacy between open-office workstations can be
provided through use of high sound absorptive ceilings, moderately high screens, and
sufficient ambient sound (either through general sounds in the office, or through use of an
electronic sound masking system).
‘Areas of the courthouse that require special acoustic consideration include jury deliberation
rooms, judicial chambers, attorney / client interview rooms, probation offices, and attorney
offices, as well as the prisoner holding areas and cells. Courtrooms have slightly difference
acoustic requirements to assist all the participants to hear clearly. For this reason it is
important to eliminate outside noises from being heard in the courtroom. This include
outside street noises, conversations and noise from the corridors, and especially noise
generated from within the court floor holding cells.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

GENERAL BUILDING CONCEPTS   PAGE 6-8
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
V. PLANNING FOR LIGHTING
Special mention is made of lighting requirements in areas where video display terminals
(VDTs) are in use. Where VDTs are being used, light intensity and contrast between room
surfaces must be reduced. This becomes more difficult in courtrooms where there is a need
for clear observation and recognition of facial features and expressions and court exhibits.
As a general rule, where VDTs are in use, illumination levels must be generally lower to
ensure user comfort; display screens should be capable of being tilted and rotated; the top
of the screen should be lower than the eyes of the user; and illumination levels ranging from
20-50 foot candles should be provided on horizontal work surfaces. In general, a moderate
level of general illumination combined with high performance task lighting should be used
throughout the buildings.
Courtroom lighting has traditionally been designed to provide general illumination (30 FC)
throughout the room and higher illumination levels (70 FC) in the litigation well. With the
use of VDTs at the judge’s bench, clerk’s workstation, jury box, witness stand, and attorney
tables, workstations should be provided specific lighting and individual lighting controls.
Workstation Lighting
At the workstations, individual lighting requirements should be met through the use of
individual control of the light sources illuminating the respective work areas, and through
the use of localized task lighting.
Screen clarity and office lighting affect worker well-being when using a VDT.
 Glare from outside light sources creates eye strain.
 The VDT should be positioned at a 90 degree angle to strong light sources such as
windows or bright lights.
 The screen angle should be adjusted to reduce glare if needed.
 Screen filters may be needed to reduce glare if other methods fail.
 The screen should have adequate character resolution and luminance.
 Displays that have a perceptible “flitter” should be avoided.
 Avoid intense light sources in the peripheral field of vision if possible.
VI. BUILDING CODES
All applicable state and local building and health and safety codes must be followed in the
construction or renovation of court facilities. Building codes address quality of construction
and safety of people. In the safety area, fire protection is the most critical because of the
VIRGINIA COURTHOUSE FACILITY GUIDELINES
GENERAL BUILDING CONCEPTS PAGE 6-8
v.
Vi.
PLANNING FOR LIGHTING
Special mention is made of lighting requirements in areas where video display terminals
(VDTs) are in use. Where VDTs are being used, light intensity and contrast between room
surfaces must be reduced. This becomes more difficult in courtrooms where there is a need
for clear observation and recognition of facial features and expressions and court exhibits.
‘Asa general rule, where VDTs are in use, illumination levels must be generally lower to
ensure user comfort; display screens should be capable of being tilted and rotated; the top
of the screen should be lower than the eyes of the user; and illumination levels ranging from
20-50 foot candles should be provided on horizontal work surfaces. In general, a moderate
level of general illumination combined with high performance task lighting should be used
throughout the buildings.
Courtroom lighting has traditionally been designed to provide general illumination (30 FC)
throughout the room and higher illumination levels (70 FC) in the litigation well. With the
use of VDTs at the judge’s bench, clerk’s workstation, jury box, witness stand, and attorney
tables, workstations should be provided specific lighting and individual lighting controls.
Workstation Lighting
At the workstations, individual lighting requirements should be met through the use of
individual control of the light sources illuminating the respective work areas, and through
the use of localized task lighting.
Screen clarity and office lighting affect worker well-being when using a VDT.
= Glare from outside light sources creates eye strain,

The VDT should be positioned at a 90 degree angle to strong light sources such as
windows or bright lights.

= The screen angle should be adjusted to reduce glare if needed.
= Screen filters may be needed to reduce glare if other methods fail.
= The screen should have adequate character resolution and luminance.


Displays that have a perceptible “flitter” should be avoided.


Avoid intense light sources in the peripheral field of vision if possible.


BUILDING CODES
All applicable state and local building and health and safety codes must be followed in the
construction or renovation of court facilities. Building codes address quality of construction
and safety of people. In the safety area, fire protection is the most critical because of the
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

GENERAL BUILDING CONCEPTS   PAGE 6-9
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
swift and devastating effect of the by-products of combustion. Fire protection starts with
prevention and then addresses early detection for evacuation or quick suppression and
finally fast response by fire fighters.
VII. PLANNING FOR ERGONOMIC DESIGN
People whose occupations involve spending prolonged periods of time at a computer
workstation are subjected to stresses that may lead to painful, debilitating conditions.
Ergonomic standards in the workplace promote worker productivity, safety and health. For
this reason, all workstations whether located in offices, courtrooms, or other areas of the
courthouse should be designed to meet basic ergonomic design requirements, such as those
specified in ANSI/HFES 100-2007, Human Factors Engineering of Computer
Workstations.
Office and furniture design should consider a wide range of ergonomic issues, including the
type of seating, the location and placement of the keyboard, mouse or other input devices,
the location and placement of the video display terminal (VDT), and lighting. Adjustable
chairs and desks, well-designed keyboards, and proper lighting all contribute to the
reduction of physical stresses.
 Workstations (including built-in counter workstations) should provide appropriate
clearances for knees; clearances to undersides of fixed work surfaces; clearances
for adjustable height work surfaces; and ADA accessibility.
 Hand controls, drawer pulls, handles, knobs, etc. should provide adequate space
for hands and fingers.
 Frequently used hand controls should be within easy reach and be in the
operator’s primary reach zone.
 Storage units should be designed with closures that minimally intrude into work
activity and circulation zones.
A. Workstation Seating
 Seating should be designed to meet ANSI/HFS 100-2007.
 The chair should accommodate a variety of seated postures.
 The angle between the seat pan and backrest should be adjustable:
 Chairs should provide a five blade base with swivel caster.
 Chairs should have an adjustable seat height so that thighs are nearly horizontal
and feet can rest flat and comfortably on the floor.
 There should be a footrest if feet are unable to rest comfortably on the floor.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
GENERAL BUILDING CONCEPTS PAGE 6-9
Vil.
swift and devastating effect of the by-products of combustion, Fire protection starts with
prevention and then addresses early detection for evacuation or quick suppression and
finally fast response by fire fighters.
PLANNING FOR ERGONOMIC DESIGN
People whose occupations involve spending prolonged periods of time at a computer
workstation are subjected to stresses that may lead to painful, debilitating conditions.
Ergonomic standards in the workplace promote worker productivity, safety and health, For
this reason, all workstations whether located in offices, courtrooms, or other areas of the
courthouse should be designed to meet basic ergonomic design requirements, such as those
specified in ANSVHFES 100-2007, Human Factors Engineering of Computer
Workstations.
Office and furniture design should consider a wide range of ergonomic issues, including the
type of seating, the location and placement of the keyboard, mouse or other input devices,
the location and placement of the video display terminal (VDT), and lighting. Adjustable
chairs and desks, well-designed keyboards, and proper lighting all contribute to the
reduction of physical stresses.

Workstations (including built-in counter workstations) should provide appropriate
clearances for knees; clearances to undersides of fixed work surfaces; clearances
for adjustable height work surfaces; and ADA accessibility.


Hand controls, drawer pulls, handles, knobs, ete, should provide adequate space
for hands and fingers.

= Frequently used hand controls should be within easy reach and be in the
operator’s primary reach zone,

Storage units should be designed with closures that minimally intrude into work
activity and circulation zones.

A. Workstation Seating
= Seating should be designed to meet ANSI/HFS 100-2007.

The chair should accommodate a variety of seated postures.
= The angle between the seat pan and backrest should be adjustable:
= Chairs should provide a five blade base with swivel caster.

= Chairs should have an adjustable seat height so that thighs are nearly horizontal
and feet can rest flat and comfortably on the floor.
= There should be a footrest if feet are unable to rest comfortably on the floor.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

GENERAL BUILDING CONCEPTS   PAGE 6-10
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
 There should be an angle of 60 to 100 degrees between the upper and lower legs,
when feet are flat on the floor or on a foot support.
 The chair should permit an angle of not less than 90 degrees, with 100 degrees as
preferable, between the seat pan and seat back.
 An adjustable backrest should provide support for the curvature in the lower back.
B. Posture and Location of VDT
 Elbows should be kept close to the sides of the body to reduces upper back and
shoulder muscle tension.
 A 90 degree angle should be maintained between the upper and lower arm. This is
considered “neutral,” although any position between 70 and 135 degrees is
acceptable.
 The wrist and forearm should be held in a straight line with the forearm should be
roughly parallel to the floor to reduce tendon and nerve stress.
 Wrists should be supported near the keyboard by a wrist support to help provide a
neutral (straight) arm/wrist position.
 The keyboard should slope between 0 and 25 degrees.
 The head should be up, with the VDT about 48 to 25 inches from the eyes. The
minimum acceptable eye-to-screen distance is 12 inches.
 The VDT display should be located at a comfortable viewing angle and distance.
Current research suggests that the entire display should be slightly below (about
20 degrees below the horizon) the horizontal line of sight.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
GENERAL BUILDING CONCEPTS PAGE 6-10
There should be an angle of 60 to 100 degrees between the upper and lower legs,
when feet are flat on the floor or on a foot support.
The chair should permit an angle of not less than 90 degrees, with 100 degrees as
preferable, between the seat pan and seat back.
‘An adjustable backrest should provide support for the curvature in the lower back.
B. Posture and Location of VDT
Elbows should be kept close to the sides of the body to reduces upper back and
shoulder muscle tension.
A.90 degree angle should be maintained between the upper and lower arm, This is
considered “neutral,” although any position between 70 and 135 degrees is
acceptable.
The wrist and forearm should be held in a straight line with the forearm should be
roughly parallel to the floor to reduce tendon and nerve stress.
Wrists should be supported near the keyboard by a wrist support to help provide a
neutral (straight) arm/wrist position.
The keyboard should slope between 0 and 25 degrees.
The head should be up, with the VDT about 48 to 25 inches from the eyes. The
minimum acceptable eye-to-screen distance is 12 inches.
The VDT display should be located at a comfortable viewing angle and distance.
Current research suggests that the entire display should be slightly below (about
20 degrees below the horizon) the horizontal line of sight.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR TECHNOLOGY  PAGE 7-1
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
CHAPTER 7 -  PLANNING FOR TECHNOLOGY
I. RESPONDING TO CHANGING TECHNOLOGY
The past decade has seen dramatic changes in the work and organization of courts, and in
the technology and equipment needed to support that work. The use of technologies such as
video conferencing and the internet is changing how courts conduct business. Changes in
video and telecommunications technology make it possible to conduct trials without having
to bring the witnesses, jurors, and judge together in one room. The day may come when
video testimony replaces the appearance of witnesses at the courthouse. Even jurors could
participate from their homes and offices, perhaps by viewing an edited video record rather
than the live proceedings. A video trial could be cheaper, safer, less time-consuming, and
easier to schedule; make more efficient use of judges’ and attorneys’ time; reduce pressures
on courtroom facilities and be more considerate of and more convenient for victims and
witnesses1. While this vision of the future may not be realized, even today recorded
depositions may be entered as evidence in some cases, children may offer testimony via
remote closed-circuit television in certain stressful situations, and judges conduct
arraignments and hold preliminary hearings by remote video hookups.
In order to make the most use of these technologies, court facilities will need to be designed
to support:
 Communication and data networks (LANS, WANS, and wireless networks) that
permit independence and data exchange. This means that the infrastructure should
be designed to serve multiple computer platforms in the building‘s backbone2.
 Distributed computing among courts and court-related agencies; including desk-
based legal research, videoconferencing, E-mail, automated case management
systems, document imaging, and records and document storage systems.
 Multimedia systems including interactive video technology for arraignments and
other non-dispositive hearings, evidence presentation and display, court
interpreting, intake interviews, initial appearances and probable cause hearings,
and staff training.
 Remote electronic access to court systems, for case/document filing, fine
payment, and public information from remote sites (including law offices, motor
vehicles offices, or satellite court facilities, other public offices).
 Assistive Listening devices, TDD (Telecommunication Device for the Deaf)
service to public, and other assistive devices in courtrooms, offices and court-
support areas (jury assembly, hearing rooms, etc.).
1 Virginia Futures Report
2 The backbones is that part of the building that supporters the main building systems, such as electrical and power,
HVAC, plumbing, etc.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR TECHNOLOGY PAGE 7-1
CHAPTER 7- PLANNING FOR TECHNOLOGY
RESPONDING TO CHANGING TECHNOLOGY
The past decade has seen dramatic changes in the work and organization of courts, and in
the technology and equipment needed to support that work. The use of technologies such as
video conferencing and the internet is changing how courts conduct business. Changes in
video and telecommunications technology make it possible to conduct trials without having
to bring the witnesses, jurors, and judge together in one room. The day may come when
video testimony replaces the appearance of witnesses at the courthouse. Even jurors could
participate from their homes and offices, perhaps by viewing an edited video record rather
than the live proceedings. A video trial could be cheaper, safer, less time-consuming, and
easier to schedule; make more efficient use of judges’ and attorneys’ time; reduce pressures
on courtroom facilities and be more considerate of and more convenient for victims and
witnesses’, While this vision of the future may not be realized, even today recorded
depositions may be entered as evidence in some cases, children may offer testimony via
remote closed-circuit television in certain stressful situations, and judges conduct
arraignments and hold preliminary hearings by remote video hookups.
In order to make the most use of these technologies, court facilities will need to be designed
to support:

Communication and data networks (LANS, WANS, and wireless networks) that
permit independence and data exchange. This means that the infrastructure should
be designed to serve multiple computer platforms in the building’s backbone”



Distributed computing among courts and court-related agencies; including desk-
based legal research, videoconferencing, E-mail, automated case management
systems, document imaging, and records and document storage systems.


Multimedia systems including interactive video technology for arraignments and
other non-dispositive hearings, evidence presentation and display, court
interpreting, intake interviews, initial appearances and probable cause hearings,
and staff training.


= Remote electronic access to court systems, for case/document filing, fine
payment, and public information from remote sites (including law offices, motor
vehicles offices, or satellite court facilities, other public offices),

Assistive Listening devices, TDD (Telecommunication Device for the Deaf)
service to public, and other assistive devices in courtrooms, offices and court-
support areas (jury assembly, hearing rooms, etc.).

! Virginia Futures Report
? The backbones is that part of the building that supporters the main building systems, such as electrical and power,
HVAC, plumbing, ete.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR TECHNOLOGY  PAGE 7-2
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
The interface of the following systems through the use of communication protocols over
connected wiring and cabling systems:
 Generator or standby power systems
 Un-interruptible power supply
 Emergency lighting
 Lighting control systems
 PBX or telecommunication systems
 Office automation
 Management Information Systems
 Energy Management Systems (EMS)
 Temperature Monitoring Systems (TMS)
 Control systems on packaged equipment, including chillers, boilers,
computer room HVAC, kitchen equipment, laboratory equipment, etc.
 Fire Management (Life Safety) Systems, including detection and
smoke control devices
 Security Management Systems and Access Control Systems
 Maintenance Management Systems
 Miscellaneous Building Systems
 Elevator Control Systems
Continued improvements in office and office-related technologies can be expected to
improve individual worker productivity, improve communications, reduce movement
between and within offices, reduce physical use of paper and physical storage needs, and
create a host of other changes in court operations, and public and individual work spaces.
Less quantifiable, but equally important, changes can be expected as the severing of
physical ties allows managers to consider new operational methods and “teaming”
arrangements, and allows workers more freedom of movement. This translates to a need for
flexibility in office areas to accommodate potential changes in court operations and staffing
needs.
A. Automated Case Management
The future of case management systems will include the integration of the electronic
case file with imaged information, word processing and other functions performed by
computers. Attorneys may file pleadings from their offices; signed documents may be
disseminated electronically without physically routing the documents to the judge and
other participants; fines, fees, and other payments can be made using electronic
commerce and appeals may be made with electronic transfer of trial court records.
One of the most important physical limitations on court facility planning has been the
need to maintain a close spatial relationship between the physical case file and those
who need to use it (judges, clerks, or the public/attorneys). With automated case
management systems, physical adjacencies is less important permitting courtrooms
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR TECHNOLOGY PAGE 7-2
The interface of the following systems through the use of communication protocols over
connected wiring and cabling systems:


Generator or standby power systems


Un-interruptible power supply


Emergency lighting


Lighting control systems


PBX or telecommunication systems


Office automation


Management Information Systems


Energy Management Systems (EMS)


Temperature Monitoring Systems (TMS)


Control systems on packaged equipment, including chillers, boilers,
computer room HVAC, kitchen equipment, laboratory equipment, ete.


Fire Management (Life Safety) Systems, including detection and
smoke control devices


Security Management Systems and Access Control Systems


Maintenance Management Systems


Miscellaneous Building Systems


Elevator Control Systems


Continued improvements in office and office-related technologies can be expected to
improve individual worker productivity, improve communications, reduce movement
between and within offices, reduce physical use of paper and physical storage needs, and
create a host of other changes in court operations, and public and individual work spaces.
Less quantifiable, but equally important, changes can be expected as the severing of
physical ties allows managers to consider new operational methods and “teaming”
arrangements, and allows workers more freedom of movement. This translates to a need for
flexibility in office areas to accommodate potential changes in court operations and staffing
needs.
A. Automated Case Management
The future of case management systems will include the integration of the electronic
case file with imaged information, word processing and other functions performed by
computers. Attorneys may file pleadings from their offices; signed documents may be
disseminated electronically without physically routing the documents to the judge and
other participants; fines, fees, and other payments can be made using electronic
commerce and appeals may be made with electronic transfer of trial court records.
One of the most important physical limitations on court facility planning has been the
need to maintain a close spatial relationship between the physical case file and those
who need to use it (judges, clerks, or the public/attorneys). With automated case
management systems, physical adjacencies is less important permitting courtrooms
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR TECHNOLOGY  PAGE 7-3
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
and chambers to be located in different buildings from the clerk’s office, while
providing remote access to all case records.
Future clerks may function more like a data processing center or reference library.
Many, perhaps most, inquiries may be handled over the Internet with fewer attorneys
coming to the office. Only litigants and pro se individuals may need to come into the
clerk’s office to make inquiries. Other offices, such as probation or the
Commonwealth Attorney, will be able to do so much quicker and easier from their
offices, or from their laptop, tablet, or smart device.
The long-term future will see the elimination of large record rooms and record
storage vaults as more information is automated, imaged, stored and made available
electronically. The need for imaging equipment workstations, public access stations,
or work carrels will increase, but these spaces may be located anywhere, even outside
of the courthouse.
B. Videoconferencing
Video conferencing is changing the interactions among litigants/defendants and the
court. The use of video conferencing for arraignments and other types of preliminary
hearings means fewer prisoners being brought to the courtroom. This will reduce the
prisoner traffic in the courthouse and may mean smaller holding facilities.
Videoconferencing has also become prevalent among court interpreters and
magistrates and will become commonplace in other areas, such as the clerks’ offices,
Commonwealth Attorneys, public defenders, probation officers, social workers, and
others who need to interview and make visual assessments of persons with whom
they are speaking, or who need to travel a lot in their investigations.
Videoconferencing will reduce the number of face-to-face meetings, thus reducing
the amount of time in transit and increase the amount of productive time in the office.
The use of video conferencing frees people from the need of physical adjacency and
permits greater flexibility in the
organization of the courthouse.
C. Evidence Presentation
The challenge with the inclusion
of evidence presentation systems
in the courtroom has been to make
it appear unobtrusive. This means
raised floors for cabling and wires,
built-in equipment and flat panel
video display monitors at multiple
locations so that they do not block
peoples’ view, and careful
Courtroom Electronic Evidence Display System
Fairfax County Courthouse
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR TECHNOLOGY PAGE 7-3
and chambers to be located in different buildings from the clerk’s office, while
providing remote access to all case records.
Future clerks may function more like a data processing center or reference library.
Many, perhaps most, inquiries may be handled over the Internet with fewer attorneys
coming to the office. Only litigants and pro se individuals may need to come into the
clerk’s office to make inquiries, Other offices, such as probation or the
Commonwealth Attorney, will be able to do so much quicker and easier from their
offices, or from their laptop, tablet, or smart device.
The long-term future will see the elimination of large record rooms and record
storage vaults as more information is automated, imaged, stored and made available
electronically. The need for imaging equipment workstations, public access stations,
or work carrels will increase, but these spaces may be located anywhere, even outside
of the courthouse,
B. _ Videoconferencing
Video conferencing is changing the interactions among litigants/defendants and the
court. The use of video conferencing for arraignments and other types of preliminary
hearings means fewer prisoners being brought to the courtroom, This will reduce the
prisoner traffic in the courthouse and may mean smaller holding facilities.
Videoconferencing has also become prevalent among court interpreters and
magistrates and will become commonplace in other areas, such as the clerks’ offices,
Commonwealth Attorneys, public defenders, probation officers, social workers, and
others who need to interview and make visual assessments of persons with whom
they are speaking, or who need to travel a lot in their investigations.
Videoconferencing will reduce the number of face-to-face meetings, thus reducing
the amount of time in transit and increase the amount of productive time in the office.
The use of video conferencing frees people from the need of physical adjacency and
permits greater flexibility in the
organization of the courthouse.
C. Evidence Presentation
‘The challenge with the inclusion
of evidence presentation systems
in the courtroom has been to make
it appear unobtrusive. This means
raised floors for cabling and wires,
built-in equipment and flat panel
video display monitors at multiple
locations so that they do not block Courtroom Eleewonic Evidence Display System
peoples’ view, and careful Fairfax County Courthouse
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR TECHNOLOGY  PAGE 7-4
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
consideration regarding the
location of cameras, display
monitors, and other equipment so
that it is usable without
interfering with movement and
sight.
With video cameras and
individual display monitors
everyone has a “front row seat”.
Jurors can clearly see and hear
the witness even if located on the
far side of the courtroom. Sight
lines and distance become less
important as long as there still
remains a semblance of visual contact.
Equipment must be located where it supports the trial activities without disrupting
normal functions of the court and the individual work areas in the courtroom.
The following are some of the possible design features that may be required to
accommodate and facilitate seamless court technology.
 Raised floors to permit wiring and re-wiring;
 Built-in video monitors for jurors, the judge, witness, court staff, and attorneys;
 Built-in computer workstations for judge and clerks;
 Equipment/AV rooms to house servers, AV and computer equipment that do not
need to be in the courtroom; and
 Larger clerk’s station with storage space to accommodate computer, scanner,
printer, and other equipment.
D. Electronic Access
The use of remote electronic access to the courts has been growing steadily as a way
of increasing efficiency and improving public service. Attorneys can file documents
electronically, documents can be distributed electronically, parties in a case can look
up court calendars and the status of a case and people can pay fines over the internet
and download court forms.
Court staff will be able to work from any location in the courthouse and even outside.
They will carry their office with them in the form of tablet computers with built in
Wi-Fi. This will be important for prosecutors and public defenders that need to be in
and out of court all day, but may not be able to get back to their “office.” The same
Evidence Display Monitor Located at Jury Box
Fairfax County Courthouse
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLAN!
ING FOR TECHNOLOGY PAGE 7-4
consideration regarding the
location of cameras, display
monitors, and other equipment so
that it is usable without
interfering with movement and
sight.
With video cameras and
individual display monitors
everyone has a “front row seat”.
Jurors can clearly see and hear
the witness even if located on the
far side of the courtroom. Sight
lines and distance become less
important as long as there still
remains a semblance of visual contact.
Evidence Display Monitor Located at Jury Box
Fairfax County Courthouse
Equipment must be located where it supports the trial activities without disrupting
normal functions of the court and the individual work areas in the courtroom.
The following are some of the possible design features that may be required to
accommodate and facilitate seamless court technology.
= Raised floors to permit wiring and re-wiring;


Built-in video monitors for jurors, the judge, witness, court staff, and attorneys;
= Built-in computer workstations for judge and clerks;


Equipment/AV rooms to house servers, AV and computer equipment that do not
need to be in the courtroom; and


= Larger clerk’s station with storage space to accommodate computer, scanner,
printer, and other equipment.
Electronic Access
The use of remote electronic access to the courts has been growing steadily as a way
of increasing efficiency and improving public service. Attorneys can file documents
electronically, documents can be distributed electronically, parties in a case can look
up court calendars and the status of a case and people can pay fines over the internet
and download court forms.
Court staff will be able to work from any location in the courthouse and even outside.
They will carry their office with them in the form of tablet computers with built in
Wi-Fi. This will be important for prosecutors and public defenders that need to be in
and out of court all day, but may not be able to get back to their “office.” The same
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR TECHNOLOGY  PAGE 7-5
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
may be true for probation officers and other court service staff, or social workers,
who need to come to court.
Just as with electronic filing and other technologies, the biggest impact will be on the
need for people to come to the courthouse. With the exception of those who do not
have access to computers and persons who are ordered to appear in court, or wish to
observe court, people will no longer need to come to the courthouse to conduct
routine business. The reduction in the number of persons having to come to the
courthouse also will relieve pressures on parking and mean that much less public
circulation may be required in future courthouses.
E. Imaging and Workflow
Over 80 courts in Virginia now have document imaging systems and are beginning to
scan criminal case documents. As this trend accelerates, the need for large court
record rooms and record storage vaults will diminish as more information is
automated, imaged, stored, and made available electronically. The space needed for
imaging equipment and workstations, public access terminals and work carrels or
other public access workstations, may increase. But, these spaces may be located
outside the courthouse in the form public accessible workstations such as might be
found in the public library, thus reducing the number of people that need to come to
the courthouse to conduct their business.
Considerable savings in space can occur in clerk’s records areas as the result of
replacing lien books, order books, judgment books, and even case files with imaged
documents stored electronically. The greatest impact on court operations and
courthouse design, however, will be the result of the ability to conduct court from any
location and have immediate access to court case files by phone or data line.
Adjacency needs of the courts and support offices will change as work can be done
without being physically close to the case files.
II. GENERAL DESIGN CONSIDERATIONS FOR TECHNOLOGY
The responsibility for providing the technology equipment in the courthouse is split
between the Virginia Supreme Court and the local governing body. The Virginia Supreme
Court provides all of the computer equipment for the judges and clerks, including the
judge’s bench and clerk’s workstation in the courtrooms. In general the county/city is
responsible for everything else, including the Commonwealth Attorney Office and any
video equipment or electronics at the jury box and the attorney tables. The local
government also provides the wiring/cabling to OES specifications. This currently requires
CAT 6 wiring to every jack in the building.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR TECHNOLOGY PAGE 7-5
may be true for probation officers and other court service staff, or social workers,
who need to come to court.
Just as with electronic filing and other technologies, the biggest impact will be on the
need for people to come to the courthouse. With the exception of those who do not
have access to computers and persons who are ordered to appear in court, or wish to
observe court, people will no longer need to come to the courthouse to conduct
routine business. The reduction in the number of persons having to come to the
courthouse also will relieve pressures on parking and mean that much less public
circulation may be required in future courthouses.
E. Imaging and Workflow
Over 80 courts in Virginia now have document imaging systems and are beginning to
scan criminal case documents. As this trend accelerates, the need for large court
record rooms and record storage vaults will diminish as more information is
automated, imaged, stored, and made available electronically. The space needed for
imaging equipment and workstations, public access terminals and work carrels or
other public access workstations, may increase. But, these spaces may be located
outside the courthouse in the form public accessible workstations such as might be
found in the public library, thus reducing the number of people that need to come to
the courthouse to conduct their business.
Considerable savings in space can occur in clerk’s records areas as the result of
replacing lien books, order books, judgment books, and even case files with imaged
documents stored electronically. The greatest impact on court operations and
courthouse design, however, will be the result of the ability to conduct court from any
location and have immediate access to court case files by phone or data line.
Adjacency needs of the courts and support offices will change as work can be done
without being physically close to the case files.
GENERAL DESIGN CONSIDERATIONS FOR TECHNOLOGY
The responsibility for providing the technology equipment in the courthouse is split
between the Virginia Supreme Court and the local governing body. The Virginia Supreme
Court provides all of the computer equipment for the judges and clerks, including the
judge’s bench and clerk’s workstation in the courtrooms. In general the county/city is
responsible for everything else, including the Commonwealth Attorney Office and any
video equipment or electronics at the jury box and the attorney tables. The local
government also provides the wiring/cabling to OES specifications. This currently requires
CAT 6 wiring to every jack in the building.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR TECHNOLOGY  PAGE 7-6
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
As a general rule, judges will use laptop computers in chambers but require a desktop
computer and two video display monitors at the bench3. One display is for viewing
documents and case information on the computer and the other is dedicated for viewing the
evidence display system.
The designer shall coordinate the requirements and configuration of the utility supply
connections and technology design requirements with the Office of the Executive Secretary
and the utility service providers to determine service criteria. In order for the office to have
sufficient time to review the design, this should be done before the completion of 60%
architectural documents. Telephone and data lines
should be provided underground to the building’s
main terminal connection point. The building
should have conduits for telecommunication and
data transmission systems to all current and future
identified workstations. The same applies to
electrical supply.
It should be assumed that the courts and other
building tenants will each have their own
computer system with personal computers (PCs)
connected via Local Area Network (LAN) or
Wide Area Network (WAN), with internet access. It should also be assumed that wireless
networks will rapidly become the standard in many areas of the courthouse. Separate data
server rooms may be required for the courts, Sheriff, Commonwealth Attorney, and other
agencies in the building.
A. Future Implementation of Technology
The most critical consideration in planning
for the future implementation of technology
is to ensure that there is sufficient flexibility
to permit the easy upgrade of current
systems in the future. This means that the
courthouse should be designed to make it as
simple as possible to handle general
expansion of systems as well as frequent
changes and upgrades to existing systems.
Telecommunications and data connections
should be considered in light of the
relatively short life of today’s systems.
Raceways for voice, data, and power
cabling/wiring should be designed to
provide the greatest amount of future
3 The second display monitor is for viewing evidence.  If an electronic evidence display system in not going to be
installed in the courtroom(s) the second monitor is not needed.  However, wiring and cabling should be installed to
allow for future installation.
Courtesy of HOK
Courtroom Electronics Transfer
Reporter
Judge
Clerk
Witness
Bailiff
Attorney
Jury
— Duress Alarm
— Speakers
— Microphone
— Computers
— Evidence Display Monitor
Raised Access Floor System
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR TECHNOLOGY PAGE 7-6
‘Asa general rule, judges will use laptop computers in chambers but require a desktop
computer and two video display monitors at the bench’, One display is for viewing
documents and case information on the computer and the other is dedicated for viewing the
evidence display system.
The designer shall coordinate the requirements and configuration of the utility supply
connections and technology design requirements with the Office of the Executive Secretary
and the utility service providers to determine service criteria. In order for the office to have
sufficient time to review the design, this should be done before the completion of 60%
architectural documents. Telephone and data lines
should be provided underground to the building’s
main terminal connection point. The building
should have conduits for telecommunication and
data transmission systems to all current and future
identified workstations, The same applies to
electrical supply.
It should be assumed that the courts and other
building tenants will each have their own
computer system with personal computers (PCs) Raised Access Floor System
connected via Local Area Network (LAN) or
Wide Area Network (WAN), with internet access. It should also be assumed that wireless
networks will rapidly become the standard in many areas of the courthouse. Separate data
server rooms may be required for the courts, Sheriff, Commonwealth Attorney, and other
agencies in the building.
A. Future Implementation of Technology
‘The most critical consideration in planning
for the future implementation of technology
is to ensure that there is sufficient flexibility
to permit the easy upgrade of current
systems in the future. This means that the
courthouse should be designed to make it as
simple as possible to handle general
expansion of systems as well as frequent
changes and upgrades to existing systems.
Telecommunications and data connections
should be considered in light of the
relatively short life of today’s systems.
Raceways for voice, data, and power cee
cabling/wiring should be designed to Courtroom Electronics Transfer
provide the greatest amount of future Couresy of HOK

The second display monitor is for viewing evidence. If an electronic evidence display system in not going to be
installed in the courtroom(s) the second monitor is not needed. However, wiring and cabling should be installed to
allow for future installation,

Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR TECHNOLOGY  PAGE 7-7
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
flexibility for hookups to all areas of the courthouse, and the ability to add and
replace wiring and cabling in the future as new technologies are installed.
B. Floor Systems
The rapid pace of technological improvements requires the upgrade and addition of
new equipment at ever more frequent intervals. Additionally, the continued transition
from centralized data processing to distributed processing, and the use of local and
wide area networks means continual changes to equipment locations and wiring. With
these changes in technology, come changes to office workflows and processes in
courts and court-related offices, which mean movement and changes to office
workstations and equipment. In order to avoid obsolescence, it is essential to maintain
flexibility in the building’s capacity and ability to change in response to these needs.
One means of achieving this flexibility is through the use of access flooring.
Consideration may be given to their use in open-office environments and courtrooms.
C. Workstations
It should be assumed that every workstation, or office, in the courthouse will require a
computer workstation with video display monitor, a printer, and document scanner.
Many workstations will require dual monitors. Other devices that may need to be
accommodated include phone chargers, battery chargers, and computer tablets.
Additional computer workstations will include the public counters in the clerks’
offices and Circuit Clerk’s records room. Counter workstations should have the
capability of including a document scanner and printer. Generally it should be
assumed that each workstation will require at least two data and one voice line (3
CAT 6 lines), and a minimum of two quadriplex electrical outlets. Specialized
workstations may require additional electrical outlets. Because of the heat generated
by electrical equipment, steps should be taken to ensure that equipment is cooled.
Plans should include room for considerable growth in electrical demand.
D. Video Conferencing
Design of courtroom workstations, office spaces, and conference and meeting rooms
should anticipate use of video conferencing for communications in the future. All
courtrooms, judicial chambers, and judicial conference rooms should have access to
video conferencing equipment for the purposes of viewing remote witness testimony,
including expert and child witnesses, as well as the ability to conduct remote hearings
and interviews.
E. Video Cameras in the Courtrooms
All courtrooms should have security cameras installed that terminate at the Sheriff’s
security control center. Security cameras should have the ability to record events
within the courtroom.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR TECHNOLOGY PAGE 7-7
flexibility for hookups to all areas of the courthouse, and the ability to add and
replace wiring and cabling in the future as new technologies are installed.
Floor Systems
The rapid pace of technological improvements requires the upgrade and addition of
new equipment at ever more frequent intervals. Additionally, the continued transition
from centralized data processing to distributed processing, and the use of local and
wide area networks means continual changes to equipment locations and wiring. With
these changes in technology, come changes to office workflows and processes in
courts and court-related offices, which mean movement and changes to office
workstations and equipment. In order to avoid obsolescence, it is essential to maintain
flexibility in the building’s capacity and ability to change in response to these needs.
‘One means of achieving this flexibility is through the use of access flooring.
Consideration may be given to their use in open-office environments and courtrooms.
Workstations
It should be assumed that every workstation, or office, in the courthouse will require a
computer workstation with video display monitor, a printer, and document scanner.
Many workstations will require dual monitors. Other devices that may need to be
accommodated include phone chargers, battery chargers, and computer tablets.
Additional computer workstations will include the public counters in the clerks”
offices and Circuit Clerk’s records room. Counter workstations should have the
capability of including a document scanner and printer. Generally it should be
assumed that each workstation will require at least two data and one voice line (3
CAT 6 lines), and a minimum of two quadriplex electrical outlets. Specialized
workstations may require additional electrical outlets. Because of the heat generated
by electrical equipment, steps should be taken to ensure that equipment is cooled.
Plans should include room for considerable growth in electrical demand.
Video Conferencing
Design of courtroom workstations, office spaces, and conference and meeting rooms
should anticipate use of video conferencing for communications in the future, All
courtrooms, judicial chambers, and judicial conference rooms should have access to
video conferencing equipment for the purposes of viewing remote witness testimony,
including expert and child witnesses, as well as the ability to conduct remote hearings
and interviews.
‘Video Cameras in the Courtrooms
All courtrooms should have security cameras installed that terminate at the Sheriff’s
security control center. Security cameras should have the ability to record events
within the courtroom.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR TECHNOLOGY  PAGE 7-8
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Another use of video cameras is to view the proceedings from a remote location. In
situations where the press and media are permitted to broadcast live images of court
proceedings, the court may want to give consideration to equipping several
courtrooms with video cameras for this purpose. The advantage to the court of
installing its own equipment is that it avoids the necessity of setting up portable
cameras within the confines of the courtroom. It also provides the court with greater
control over their use and in the images broadcast.
If installed, cameras should be located to view the judge and witness, the attorney
tables, and public gallery. Cameras should not show the jurors at any point in the
proceedings. All controls for such video cameras should be located at the clerk’s
workstation and the judge should have a switch with which to turn off the cameras at
any point.
F. Sound Reinforcement Systems
Courtrooms over 1,000 SF need audio amplification to permit the judge, jurors,
litigants, and public spectators to hear clearly and understand the participants. Instead
of hard surfaces in the courtrooms, soft acoustic surfaces should be installed
whenever audio enhancement systems are installed.
Microphones should be located at the bench, clerk’s workstation, witness stand,
lectern, jury box (where present), and attorney tables. Controls should be located at
the clerk’s station.
Sound reinforcement systems consist of microphones, electronic mixers, signal
processors, amplifiers and speakers. The sound system should be designed to operate
automatically with automatic mixers controlling microphones (turning on
microphones which are being spoken into). Microphone switches should be provided
at each microphone, which will function as Off-Auto. Automatic volume controllers
should be used to help compensate for variations in voice levels and microphone
distances.
Systems also should be provided with electronics equalization to compensate for the
acoustic properties of the finished courtrooms, speakers, and microphones. The
master controls should be located at the clerk’s station, or judge’s bench, and should
include a power switch, master volume control, and override controls.
G. Assistive Listening Systems
Permanently installed assistive listening systems should be provided in courtrooms,
hearing rooms, jury deliberation rooms, and jury assembly or orientation rooms. Fifty
percent, but not less than one of each type of courtroom, is to have a permanently
installed assistive listening system. Additionally, 50% but not less than one of each of
the following types of spaces is to have a permanently installed assistive listening
system: hearing rooms, jury deliberation rooms, and jury assembly or orientation
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR TECHNOLOGY PAGE 7-8
Another use of video cameras is to view the proceedings from a remote location. In
situations where the press and media are permitted to broadcast live images of court
proceedings, the court may want to give consideration to equipping several
courtrooms with video cameras for this purpose. The advantage to the court of
installing its own equipment is that it avoids the necessity of setting up portable
cameras within the confines of the courtroom, It also provides the court with greater
control over their use and in the images broadcast.
If installed, cameras should be located to view the judge and witness, the attorney
tables, and public gallery. Cameras should not show the jurors at any point in the
proceedings, All controls for such video cameras should be located at the clerk’s
workstation and the judge should have a switch with which to turn off the cameras at
any point,
F, Sound Reinforcement Systems
Courtrooms over 1,000 SF need audio amplification to permit the judge, jurors,
litigants, and public spectators to hear clearly and understand the participants. Instead
of hard surfaces in the courtrooms, soft acoustic surfaces should be installed
whenever audio enhancement systems are installed.
Microphones should be located at the bench, clerk’s workstation, witness stand,
lectern, jury box (where present), and attorney tables. Controls should be located at
the clerk’s station.
Sound reinforcement systems consist of microphones, electronic mixers, signal
processors, amplifiers and speakers. The sound system should be designed to operate
automatically with automatic mixers controlling microphones (turning on
microphones which are being spoken into). Microphone switches should be provided
at each microphone, which will function as Off-Auto. Automatic volume controllers
should be used to help compensate for variations in voice levels and microphone
distances.
Systems also should be provided with electronics equalization to compensate for the
acoustic properties of the finished courtrooms, speakers, and microphones. The
master controls should be located at the clerk’s station, or judge’s bench, and should
include a power switch, master volume control, and override controls.
G. _ Assistive Listening Systems
Permanently installed assistive listening systems should be provided in courtrooms,
hearing rooms, jury deliberation rooms, and jury assembly or orientation rooms. Fifty
percent, but not less than one of each type of courtroom, is to have a permanently
installed assistive listening system. Additionally, 50% but not less than one of each of
the following types of spaces is to have a permanently installed assistive listening
system: hearing rooms, jury deliberation rooms, and jury assembly or orientation
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR TECHNOLOGY  PAGE 7-9
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
rooms. The minimum number of receivers shall be four percent of the room’s
occupant load, but not less than two receivers.
Because it is not always possible to change courtrooms or jury deliberation rooms if
someone requires an assistive listening device, consideration should be given to
installing such equipment in all courtrooms and jury deliberation rooms.
H. Public Address System
Each courthouse should be equipped with a public address system reaching all public
areas of the courthouse. Especially in large courthouses, it is possible that a paging
system may be needed to locate parties. When court schedules fall behind or move
ahead more rapidly than anticipated, the court may benefit from a means of paging
parties throughout the courthouse. Such systems should not operate in courtrooms or
office areas.
I. Acoustics
The growing use of hands-free telephones and advances in voice recognition systems
and their integration into office workstations increases the importance of acoustics in
the design of all work spaces. Design of courtroom workstations, offices, counter
positions and public reception area positions require good sound clarity where
teleconferencing or video conferencing is likely to be used.
Careful consideration must be given to the choice of textures and materials used for
carpets, screens, and wall coverings. Ceilings, floors, and all furniture and
workstation construction require high levels of sound absorption. Normal privacy
between open-office workstations can be provided through use of high sound
absorptive ceilings, moderately high screens, and sufficient ambient sound (either
through general sounds in the office, or through use of an electronic sound masking
system). Confidential privacy in open-office areas is very difficult to achieve and
requires use of tall screens and highly absorptive ceilings and floors.
J. Lighting
Where video display terminals are being used, lighting intensity and contrast between
room surfaces must be reduced. This becomes more difficult in courtrooms where
there is a need for clear observation and recognition of facial features and
expressions, and court exhibits. As a general rule, where VDTs are in use,
illumination levels should be generally lower to ensure user comfort; display screens
should be capable of being tilted and rotated; the top of the screen should be lower
than the eyes of the user; and illumination levels ranging from 20-50 foot candles
should be provided on horizontal work surfaces. In general, a moderate level of
general illumination combined with high performance task lighting should be used
throughout the buildings.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR TECHNOLOGY PAGE 7-9
rooms. The minimum number of receivers shall be four percent of the room’s
‘occupant load, but not less than two receivers.
Because it is not always possible to change courtrooms or jury deliberation rooms if
someone requires an assistive listening device, consideration should be given to
installing such equipment in all courtrooms and jury deliberation rooms.
H. Public Address System
Each courthouse should be equipped with a public address system reaching all public
areas of the courthouse. Especially in large courthouses, it is possible that a paging
system may be needed to locate parties. When court schedules fall behind or move
ahead more rapidly than anticipated, the court may benefit from a means of paging
parties throughout the courthouse. Such systems should not operate in courtrooms or
office areas.

Acoustics

‘The growing use of hands-free telephones and advances in voice recognition systems
and their integration into office workstations increases the importance of acoustics in
the design of all work spaces. Design of courtroom workstations, offices, counter
positions and public reception area positions require good sound clarity where
teleconferencing or video conferencing is likely to be used.
Careful consideration must be given to the choice of textures and materials used for
carpets, screens, and wall coverings. Ceilings, floors, and all furniture and
workstation construction require high levels of sound absorption. Normal privacy
between open-office workstations can be provided through use of high sound
absorptive ceilings, moderately high screens, and sufficient ambient sound (either
through general sounds in the office, or through use of an electronic sound masking
system). Confidential privacy in open-office areas is very difficult to achieve and
requires use of tall screens and highly absorptive ceilings and floors.
J. Lighting
Where video display terminals are being used, lighting intensity and contrast between
room surfaces must be reduced. This becomes more difficult in courtrooms where
there is a need for clear observation and recognition of facial features and
expressions, and court exhibits. As a general rule, where VDTs are in use,
illumination levels should be generally lower to ensure user comfort; display screens
should be capable of being tilted and rotated; the top of the screen should be lower
than the eyes of the user; and illumination levels ranging from 20-50 foot candles
should be provided on horizontal work surfaces. In general, a moderate level of
general illumination combined with high performance task lighting should be used
throughout the buildings.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR TECHNOLOGY  PAGE 7-10
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Courtroom lighting has traditionally been designed to provide general illumination
(30 FC) throughout the room and higher illumination levels (70 FC) in the litigation
well. With the use of VDTs at the judge’s bench, clerk’s workstation, and attorney
tables, workstations should be provided specific lighting and individual lighting
controls.
At the workstations, individual lighting requirements should be met through the use
of individual control of the halogen lamp sources illuminating the respective work
areas, and through the use of localized task lighting.
III. ELECTRICAL POWER AND ELECTRICAL CLOSETS
The building’s vertical power distribution system should be designed for easy change and
modification through vertical stacking of electrical closets and provision of simplified
modular connections to horizontal distribution systems. A minimum of two electrical
closets per floor should be provided.
A. Emergency and Standby Power Systems
The need for and capacity of the emergency power system should be carefully
evaluated, based on the building size, location, and usage. The purpose of an
emergency power system is to: comply with code requirements; provide safe
evacuation of the court building; and to allow for the orderly shutdown of building
systems. The fuel storage capacity should be based on the minimum requirements to
provide life safety and egress lighting.
Each project should undergo and document an evaluation process to document the
specific need for emergency and standby power.
B. Uninterruptible Power System (UPS)
UPS should be small, localized, rack-mounted units to serve individual racks or
equipment. In a larger facility, one or more centralized UPS may be appropriate.
During the project Schematic Phase, a review should be made of the projected UPS
loads along with their locations and supporting functions in order to determine the
optimal UPS system solution for the facility. In the study, the confirmation of the
required battery backup time should be confirmed, taking into consideration outage
scenarios and the availability of onsite generators. UPS for the data processing
equipment should include rectifier/battery charger, solid-state inverter, static bypass
transfer switch; maintenance-free batteries sized for 15 minutes, and synchronized
circuitry. External maintenance bypass switches should be provided.
IV. TELECOMMUNICATIONS
The functions provided by traditional telephone systems are becoming part of the services
provided by computers through the data server rooms. Voice over IP (VoIP) phone
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR TECHNOLOGY PAGE 7-10
Courtroom lighting has traditionally been designed to provide general illumination
(30 FC) throughout the room and higher illumination levels (70 FC) in the litigation
well. With the use of VDTs at the judge’s bench, clerk’s workstation, and attorney
tables, workstations should be provided specific lighting and individual lighting
controls.
At the workstations, individual lighting requirements should be met through the use
of individual control of the halogen lamp sources illuminating the respective work
areas, and through the use of localized task lighting.
ELECTRICAL POWER AND ELECTRICAL CLOSETS
The building’s vertical power distribution system should be designed for easy change and
modification through vertical stacking of electrical closets and provision of simplified
modular connections to horizontal distribution systems. A minimum of two electrical
closets per floor should be provided.
A
Emergency and Standby Power Systems
The need for and capacity of the emergency power system should be carefully
evaluated, based on the building size, location, and usage. The purpose of an
emergency power system is to: comply with code requirements; provide safe
evacuation of the court building; and to allow for the orderly shutdown of building
systems. The fuel storage capacity should be based on the minimum requirements to
provide life safety and egress lighting.
Each project should undergo and document an evaluation process to document the
specific need for emergency and standby power.
Uninterruptible Power System (UPS)
UPS should be small, localized, rack-mounted units to serve individual racks or
equipment. In a larger facility, one or more centralized UPS may be appropriate.
During the project Schematic Phase, a review should be made of the projected UPS
loads along with their locations and supporting functions in order to determine the
optimal UPS system solution for the facility. In the study, the confirmation of the
required battery backup time should be confirmed, taking into consideration outage
scenarios and the availability of onsite generators. UPS for the data processing,
equipment should include rectifier/battery charger, solid-state inverter, static bypass
transfer switch; maintenance-free batteries sized for 15 minutes, and synchronized
circuitry, External maintenance bypass switches should be provided.
IV. TELECOMMUNICATIONS
The functions provided by traditional telephone systems are becoming part of the services
provided by computers through the data server rooms. Voice over IP (VoIP) phone
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR TECHNOLOGY  PAGE 7-11
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
technology is growing rapidly as is video transmission over the IP-data networks. Shortly,
VoIP may replace the traditional phone systems in most new buildings.

The telephone system should provide one telephone line per workstation in office areas and
telephone lines in the courtroom to the judge’s bench, clerk’s workstation, attorney tables,
and bailiff’s station. Telephones located at any of these locations in the courtroom should
be equipped with lighted rather than acoustic ring. A telephone should also be located in the
prisoner holding areas.
Public phones should be provided in the lobby. While the advent of mobile phones has
generally caused the disappearance of the public telephone, many courts prohibit such
phones from the courthouse and provision should be made for the availability of public pay
phones in the lobby or other public location.
Telephone jacks should be available in all waiting areas, such as police waiting rooms,
attorney/client conference rooms, witness waiting rooms, and police waiting areas. (Phones
may not be installed in all cases, but provided as needed.)
V. BUILDING BACKBONE
The courthouse should be designed with a service entrance or main data room (MDR) for
voice/data/AV communication systems. This room should be planned to terminate wiring
and to house building electronics and cabling systems. The building should be designed
with a fiber optic backbone with riser facilities formed by stacking communications/data
rooms, and providing sleeves/slots through the floors. The backbone/riser facility should
extend from the service entrance room to the floor IDR rooms, and provide a pathway for
intra-building cable and for communication system ground.
VI. SERVICE ENTRY ROOM
A combined telecommunications and data entry room is needed to serve the entire building.
This is the main entry location for all communications, data lines, and service provided
termination components into the building and should be the main connections for all
telecommunications equipment, video conferencing systems, and network servers for all
offices in the building. From here,
telecommunication and data lines go to the
building’s main data room.
The placement of the entrance facility will
depend on the location of service provider
networks, overall building size, the location
of the electrical power entrance, and location
of other building communications rooms.
Whenever possible, co-locate the entrance
facility within the main distribution facility
to minimize the need to develop a separate,
dedicated space.
Communications Room Cable Trays
Fairfax County Courthouse
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR TECHNOLOGY PAGE 7-11
Vi.
technology is growing rapidly as is video transmission over the IP-data networks. Shortly,
VoIP may replace the traditional phone systems in most new buildings.
The telephone system should provide one telephone line per workstation in office areas and
telephone lines in the courtroom to the judge’s bench, clerk’s workstation, attorney tables,
and bailiff’s station. Telephones located at any of these locations in the courtroom should
be equipped with lighted rather than acoustic ring. A telephone should also be located in the
prisoner holding areas.
Public phones should be provided in the lobby. While the advent of mobile phones has
generally caused the disappearance of the public telephone, many courts prohibit such
phones from the courthouse and provision should be made for the availability of public pay
phones in the lobby or other public location.
Telephone jacks should be available in all waiting areas, such as police waiting rooms,
attorney/client conference rooms, witness waiting rooms, and police waiting areas. (Phones
may not be installed in all cases, but provided as needed.)
BUILDING BACKBONE
The courthouse should be designed with a service entrance or main data room (MDR) for
voice/data/AV communication systems. This room should be planned to terminate wiring
and to house building electronics and cabling systems. The building should be designed
with a fiber optic backbone with riser facilities formed by stacking communications/data
rooms, and providing sleeves/slots through the floors. The backbone/riser facility should
extend from the service entrance room to the floor IDR rooms, and provide a pathway for
intra-building cable and for communication system ground.
SERVICE ENTRY ROOM
A combined telecommunications and data entry room is needed to serve the entire building.
This is the main entry location for all communications, data lines, and service provided
termination components into the building and should be the main connections for all
telecommunications equipment, video conferencing systems, and network servers for all
offices in the building. From here,
telecommunication and data lines go to the
building’s main data room.
The placement of the entrance facility will
depend on the location of service provider
networks, overall building size, the location
of the electrical power entrance, and location
of other building communications rooms.
Whenever possible, co-locate the entrance
facility within the main distribution facility
to minimize the need to develop a separate,
‘Communications Room Cable Trays i
Fairfax County Courthouse dedicated space.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR TECHNOLOGY  PAGE 7-12
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
It should be planned to terminate wiring for the public switched network and to house
building-level electronics and cross-connected inter- and intra-building cabling systems,
using wiring distribution frames/backboards, protective blocks and other equipment
required by the telephone and cable utilities.
The entry room should be equipped with proper lighting for maintenance and access. The
equipment should be installed in a manner that provides sufficient access to the back of
equipment panels. Access also must be made available to the file server and
telecommunication devices for installation, upgrades, and maintenance of equipment.
All equipment should be protected from power surges and brown outs with the installation
of power conditioning equipment and an uninterruptible power supply (UPS).
The entry room should be approximately 300 square feet and planned to support logical
expansion in place, or accommodate future equipment and entrance conduits for future
expansion. It should be located at ground level on a perimeter wall adjacent to the local
telephone company access. It should not be located in an area where flooding may occur.
The room should be safe, secure, and dust free and protected by full-height fire walls of at
least two-hour rating with no windows and no false ceilings. Ceilings should be
waterproofed.
It should be positively pressured to
prevent dust infiltration. An ambient air
temperature of 72 degrees F and 45%
relative humidity should be maintained.
A backup system to control room
temperature and relative humidity is
required and must be on the emergency
power panel.
VII. MAIN DATA ROOMS (MDR)
A separate telecommunications and data
room needs to be provided to serve the
courts, clerks, and all other offices located in the building. The room should contain all of
the buildings and court’s communications and data equipment. If the court and other offices
have separate computer networks the room will need to be partitioned for the different
servers.
The room must be equipped with a secure cipher lock, card reader, or keypad to limit access
to authorized persons.
Temperature and humidity control is essential. It should be positively pressured to prevent
dust infiltration. A/C units should be on emergency generated power and should be
Computer Server and Communications Room,
Fairfax County Courthouse
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR TECHNOLOGY PAGE 7-12
Vu.
It should be planned to terminate wiring for the public switched network and to house
building-level electronics and cross-connected inter- and intra-building cabling systems,
using wiring distribution frames/backboards, protective blocks and other equipment
required by the telephone and cable utilities.
The entry room should be equipped with proper lighting for maintenance and access. The
equipment should be installed in a manner that provides sufficient access to the back of
equipment panels. Access also must be made available to the file server and
telecommunication devices for installation, upgrades, and maintenance of equipment.
All equipment should be protected from power surges and brown outs with the installation
of power conditioning equipment and an uninterruptible power supply (UPS).
The entry room should be approximately 300 square feet and planned to support logical
expansion in place, or accommodate future equipment and entrance conduits for future
expansion. It should be located at ground level on a perimeter wall adjacent to the local
telephone company access. It should not be located in an area where flooding may occur.
The room should be safe, secure, and dust free and protected by full-height fire walls of at
least two-hour rating with no windows and no false ceilings. Ceilings should be
waterproofed. ‘
It should be positively pressured to
prevent dust infiltration, An ambient air
temperature of 72 degrees F and 45%
relative humidity should be maintained.
‘A backup system to control room
temperature and relative humidity is
required and must be on the emergency
power panel
MAIN DATA ROOMS (MDR)
A separate telecommunications and data Computer Server and Communications Room,
room needs to be provided to serve the Fairfax County Courthouse
courts, clerks, and all other offices located in the building. The room should contain all of
the buildings and court’s communications and data equipment. If the court and other offices
have separate computer networks the room will need to be partitioned for the different
servers.
The room must be equipped with a secure cipher lock, card reader, or keypad to limit access
to authorized persons.
Temperature and humidity control is essential. It should be positively pressured to prevent
dust infiltration. A/C units should be on emergency generated power and should be
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR TECHNOLOGY  PAGE 7-13
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
independent from the building air. For security and temperature reasons the room should be
located away from outside windows and doors.
The data room should be equipped with proper fire extinguisher devices and smoke
detectors.
Floors must be leveled and be free of excessive vibration. Data rooms are usually
unfinished with exposed concrete block walls, sealed concrete floors, and not finished
ceiling. Carpeting should not be used. Smooth tiles with raised access flooring may be
provided.
All equipment should be protected from power surges and brown outs with the installation
of power conditioning equipment and an uninterruptible power supply (UPS).
The electrical feed should be isolated, including neutral and ground, from the rest of the
building’s electrical system.
Cable runs should not be placed in areas where high electromagnetic field strength exists.
VIII. INDIVIDUAL DATA ROOM (IDR)
At least one IDR should be provided on each floor (two for larger floors) to house floor-
level electronics and cross-connect the building
backbone to horizontal building wiring. Closets
should be positioned so that the maximum cable
length from the closet to the termination point is
90 meters.
Rooms should be stacked vertically (common
walls) and be pathway interconnected between
floors.
Rooms should be positioned so that it is possible
to gain access without disrupting normal office
work and sized to allow an engineer to work
within the room and provide front and back
access to the cabinets with space for additional
wall mounted data patching frames.
The room must be equipped with a secure cipher
lock, card reader, or keypad to limit access to
authorized persons.
Temperature and humidity control is essential. It should be positively pressured to prevent
dust infiltration. A/C units should be on emergency generated power and should be
Dedicated Courtroom AV Closet,
Fairfax County Courthouse
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR TECHNOLOGY PAGE 7-13
independent from the building air. For security and temperature reasons the room should be
located away from outside windows and doors.
The data room should be equipped with proper fire extinguisher devices and smoke
detectors.
Floors must be leveled and be free of excessive vibration. Data rooms are usually
unfinished with exposed concrete block walls, sealed concrete floors, and not finished
ceiling. Carpeting should not be used. Smooth tiles with raised access flooring may be
provided.
All equipment should be protected from power surges and brown outs with the installation
of power conditioning equipment and an uninterruptible power supply (UPS).
The electrical feed should be isolated, including neutral and ground, from the rest of the
building’s electrical system.
Cable runs should not be placed in areas where high electromagnetic field strength exists.
VIII. INDIVIDUAL DATA ROOM (IDR)
At least one IDR should be provided on each floor (two for larger floors) to house floor-
level electronics and cross-connect the building
backbone to horizontal building wiring. Closets
should be positioned so that the maximum cable
length from the closet to the termination point is
90 meters.
Rooms should be stacked vertically (common
walls) and be pathway interconnected between
floors.
Rooms should be positioned so that it is possible
to gain access without disrupting normal office
work and sized to allow an engineer to work
within the room and provide front and back
access to the cabinets with space for additional
wall mounted data patching frames.
Dedicated Courtroom AV Closet,
Fairfax County Courthouse
The room must be equipped with a secure cipher
lock, card reader, or keypad to limit access to
authorized persons.
Temperature and humidity control is essential. It should be positively pressured to prevent
dust infiltration. A/C units should be on emergency generated power and should be
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR TECHNOLOGY  PAGE 7-14
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
independent from the building air. For security and temperature reasons the room should be
located away from outside windows and doors.
The room should be equipped with proper fire extinguisher devices and smoke detectors.

Floors must be leveled and be free of excessive vibration. Data rooms are usually
unfinished with exposed concrete block walls, sealed concrete floors, and not finished
ceiling. Carpeting should not be used.
All equipment should be protected from power surges and brown outs with the installation
of power conditioning equipment and an uninterruptible power supply (UPS).

The electrical feed should be isolated, including neutral and ground, from the rest of the
building’s electrical system.
Cable runs should not be placed in areas where high electromagnetic field strength exists.
Access flooring may be used to accommodate the cables entering from the riser, connecting
to the frames and accessing the secondary distribution system.
Telecommunications pathways, or conduit, should not be located in elevator shafts.
Rooms should have waterproof ceilings and no windows, HVAC ducting and pipe work
should be kept out of the telecommunications risers.
IX. DEDICATED AV CABINETS/CLOSETS
With the advent of electronic evidence display systems being used in many new
courthouses, consideration should be given to providing a space associated with each
courtroom for multiple audiovisual racks. This may be an AV cabinet located within the
courtroom or a closet that is accessible from the courtroom depending upon the amount of
equipment required. In either case, attention must be given to providing the proper
ventilation and cooling.
X. LOBBY TECHNOLOGIES
The lobby of the courthouse should contain a building directory and diagrams of the floor
plan to assist in guiding visitors to the proper location. A bulletin board should be provided
for the posting of public information such as daily court dockets. Provision also should be
made for the installation of electronic directories and electronic docketing systems, using
overhead-mounted video monitors in public areas, to display court cases being heard in
each courtroom. Additional docket display locations may be located on individual court
floors. Locations should be determined now and wiring provided for future installation if
systems are not to be installed immediately. The courts also may want to consider touch
screen displays, or kiosks, to provide individualized directions and case information4.
4 Caution should be exercised because kiosks and touch screen systems are limited to one user at a time and should
be used only for specialized information.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR TECHNOLOGY PAGE 7-14
independent from the building air. For security and temperature reasons the room should be
located away from outside windows and doors.
The room should be equipped with proper fire extinguisher devices and smoke detectors.
Floors must be leveled and be free of excessive vibration. Data rooms are usually
unfinished with exposed concrete block walls, sealed concrete floors, and not finished
ceiling. Carpeting should not be used.
All equipment should be protected from power surges and brown outs with the installation
of power conditioning equipment and an uninterruptible power supply (UPS).
The electrical feed should be isolated, including neutral and ground, from the rest of the
building’s electrical system.
Cable runs should not be placed in areas where high electromagnetic field strength exists.
‘Access flooring may be used to accommodate the cables entering from the riser, connecting
to the frames and accessing the secondary distribution system.
Telecommunications pathways, or conduit, should not be located in elevator shafts.
Rooms should have waterproof ceilings and no windows, HVAC ducting and pipe work
should be kept out of the telecommunications risers.
IX. DEDICATED AV CABINETS/CLOSETS
With the advent of electronic evidence display systems being used in many new
courthouses, consideration should be given to providing a space associated with each
courtroom for multiple audiovisual racks. This may be an AV cabinet located within the
courtroom or a closet that is accessible from the courtroom depending upon the amount of
equipment required. In either case, attention must be given to providing the proper
ventilation and cooling,
X. LOBBY TECHNOLOGIES
‘The lobby of the courthouse should contain a building directory and diagrams of the floor
plan to assist in guiding visitors to the proper location. A bulletin board should be provided
for the posting of public information such as daily court dockets. Provision also should be
made for the installation of electronic directories and electronic docketing systems, using
overhead-mounted video monitors in public areas, to display court cases being heard in
each courtroom. Additional docket display locations may be located on individual court
floors. Locations should be determined now and wiring provided for future installation if
systems are not to be installed immediately. The courts also may want to consider touch
screen displays, or kiosks, to provide individualized directions and case information’,

Caution should be exercised because kiosks and touch sereen systems are limited to one user at a time and should
be used only for specialized information

Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR TECHNOLOGY  PAGE 7-15
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Summary of Technology Requirements
LOCATION EQUIPMENT
ELECTRICAL, DATA, AUDIO,
COMMUNICATIONS
DISTRIBUTION
LIGHTING
Bench
 Concealed, silent, supervised
duress alarm.
 Desktop computer with silent
keyboard and flat panel video
display.
 Notebook computer.
 Separate built-in flat panel
video display monitor for
evidence display.
 Microphone connected to a
mixer and amplifier controlled
by the judge or clerk.
 A minimum of two flush-
mounted quadriplex
electrical outlets.
 One dedicated computer
power receptacle.
 Two data jacks and two
audio jacks.
 One phone jack.
 Normal room lighting
augmented by task lighting
directly above the bench.
Lighting controls for the
entire courtroom should be
located at or near the bench
or clerk’s station. Lighting
controls should have preset
setting
 Need to avoid glare on
video monitors.
Clerk Station
 Concealed, silent, supervised
duress alarm.
 Desktop computer with silent
keyboard and flat panel video
display monitor.
 Document scanner and quiet
color printer.
 The control console for the
sound amplification system may
be located at the clerk’s station.
 Controls for video and
teleconferencing equipment.
 Microphone connected to a
mixer and amplifier controlled
by the judge or clerk.
 Telephone with silent ring.
 A minimum of two flush-
mounted quadriplex
electrical outlets.
 One dedicated computer
power receptacle.
 Two data jacks.
 Two audio jacks.
 One phone jack.
 Normal room lighting
augmented by task lighting
directly above. Lighting
controls for the entire
courtroom should be
located at or near the bench
or clerk’s station. Lighting
controls should have preset
setting.
 Need to avoid glare on
video monitors.
Attorney
Tables
 Microphone.
 Flat panel video display monitor
for attorneys to view evidence,
documents, and video
conferences.

 Minimum of two quadriplex
electrical outlet per table,
flush mounted in the floor.
 Two data jacks and two
phone jacks per table.
 Two audio jacks per table.
 Normal room lighting.

 Need to avoid glare on
video monitors.
Witness Stand
 Flat panel video display
monitors for evidence and
document display.
 Microphone.
 One quadriplex power
outlet.
 Two data jacks.
 One audio jack.
 Normal room lighting.

 Need to avoid glare on
video monitors.
Evidence
Display
 Video Projection screen and/or
large screen video monitor for
evidence display.
 Marker board or electronic “Soft
Board.”
 Minimum of one flush-
mounted quadriplex
electrical outlet.
 Two data jacks.
 Need to avoid glare on
video monitors.
Court
Reporter
 Steno machine (provided by
reporter).
 Space for a laptop computer.
 Audio Recorder.
 Minimum of one flush-
mounted quadriplex
electrical outlet.
 Two data jacks.
 Normal room lighting with
task lighting from above.
 Need to avoid glare on
video monitors.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR TECHNOLOGY PAGE 7-15
Summary of Technology Requirements
ELECTRCAL, DATA, AUDIO,
LocaTion Equiewent ‘Coumunicarions Lice
DistRBUTON
Concealed, sent, supenised | ~ Aminimum of two fush- | ~ Normal oom ightng
duress alarm, mounted quedrilex augmented by task lighting
Desktop computer with silent | electrical outs directly above the bench,
Keyboard and flat panel video | » One dedicated computer | Lighting contol forthe
display. power receptace entre courtroom should be
ench Notebook computer. + Two data acks and two located ator near the bench
Separate builtin fat panel audio jacks or clerk’ station. Lighting
video display monitor fr + One phone jack controls should have preset
evidence display setting

Microphone connected to a + Need to avoid glare on
mixer and amplifier contoled video monitors.
by te judge or clerk
Concealed, silent, supervised | Aminimum of wo fush- _ ~ Normal room ighting
duress alarm, mounted quadrilex augmented by task lighting
Desktop computer with silent | electrical outs directly above. Lighting
Keyboard and flat panel video | » One dedicated computer | _contos forthe entire
display monitor. power receptace courtroom should be
Document scanner and quiet | + Two data jacks located ator near the bench
color printer. + Two audio jacks. or clerk’ station. Lighting
Clerk tation |“ TRecontOl console forthe | + One phone jack controls should have preset
sound ampification system may seting
be located atthe clerk’s station + Need to avoid glare on
Controls for video and video monitors.
teleconferencing equipment
Microphone connected to a
mixer and amplifier controled
by the judge or clerk.
«Telephone with sient rin,
Microphone Minimum oF we quadiplex | ~ Normal room gin
Flat panel vdeo display monitor | electcal outlet per table, | - Need to avoid glare on
Attorney forattomeys to view evidence, | flush mounted inthe floor. | video monitors.
Tables documents, and vdeo + Two data jacks and two
conferences. phone jacks per table.
«Two audio jacks pe table
Flat panel video display One quacrilex power Normal room ging
monitors for evidence and outlet, Need to avoid glare on
Witness Stand | ccument display. + Two data jacks. video monitors.
Microphone. + One auci jack.
~ Video Projection Soren andlor | ~ Minimum of one fush- }» Need to avoid gare on
5 large screen video monitor for | mounted quadriplex video monitors.
vidence
Daan evidence dispay. | sect cute,
Marker board or electronic “Sot | - Two data jacks.
Board.”
Steno machine (provided by |» Minimum of one fush- Normal room ign with
Court reporter) mounted quadriplex tasklightng fom above
Reporter Space for laptop computer. | electrical outlet Need to avoid alae on
Audio Recorder. + Two data jacks. video monitors.

Office of the Executive Secretary
Supreme Court of Virginia
‘Prepared by: Don Hardenberg, Court works
Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR TECHNOLOGY  PAGE 7-16
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
LOCATION EQUIPMENT
ELECTRICAL, DATA, AUDIO,
COMMUNICATIONS
DISTRIBUTION
LIGHTING
Jury Box
 Microphone.
 Video display monitors for
viewing electronic evidence
displays, remote witness
testimony, and documents (one
for every two jurors).
 One flush-mounted
quadriplex electrical outlets
located at opposite ends of
the jury box.
 Data jacks for flat panel
video monitors.
 Two audio jacks.
 Normal room lighting.

 Need to avoid glare on
video monitors.
Lectern
 Lectern should house the
electronic evidence display
system.
 Combo VCR/DVD player.
 PC with flat panel video
monitor.
 Microphone.
 A minimum of two flush
mounted quadriplex
electrical outlets.
 Two data jacks and two
phone jacks.
 Two audio jacks.
 Normal room lighting.
 Task lighting for reading.
Spectators
 One or two large screen video
monitors that can be viewed by
spectators are optional.
 Normal room lighting.
Security
Officer
 Supervised, silent duress
alarm.
 Telephone with visual
display/silent ring.
 Notebook computer (optional).
 One quadriplex power outlet

 Two data jacks and one
phone jack.
 Normal room lighting.
Courtroom
Generally
 Sound amplification system
with controls located at clerk’s
station.
 Video conferencing system for
viewing remote or expert
witness testimony.
 Security cameras.
 Assistive listening devices.
 Appropriate power and
cabling.
 Normal room lighting.
Judge’s Office
 Each office should be equipped
with a personal computer,
monitor, printer, TV, and
telephone.
 Office may also be equipped for
future video conferencing.
 Normal power supply for
private office.
 One dedicated computer
power receptacle.
 Two data jacks and one
phone jacks, and a cable
TV outlet.
 Normal room lighting with
task lighting at the desk.
Judicial
Secretary
 Each workstation should be
equipped with a personal
computer with monitor and
printer, and telephone.

 Each workstation should
have two quadriplex
electrical outlets and one
dedicated computer power
receptacle.
 Two data jacks and one
phone jack.
 Normal room lighting with
task lighting at the desk.
Law Clerk
 Each workstation should be
equipped with a personal
computer with monitor and
printer, and telephone.
 Each workstation should
have two quadriplex
electrical outlets and one
dedicated computer power
receptacle,
 Two data jacks and one
phone jack.
 Normal room lighting with
task lighting at the desk.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR TECHNOLOGY PAGE 7-16
ELECTRICAL, DATA, AUDIO,
LocaTION EQUIPMENT COMMUNICATIONS LIGHTING
DISTRIBUTION
Wierophone. he fush-mounted Tormal room lighting
Video display monitors for quadrplex elecicaloutets | - Need to avoid alae on
Viewing electronic evidence | lated at opposite ends of | video montrs,
Jury Box displays, remote witness the jury box.
testimony, and documents (one | - Data jacks for fat panel
for every two jurors). video monitors,
= Two audio jacks.
Lectern should house the: ‘A minimum of two flush ‘Normal room lighting.
electronic evidence display mounted quadripiex ‘Task lighting for reading,
system. electrical outlets.
Lectern Combo VCRIDVD player. Two data jacks and two
PC with flat panel video phone jacks.
monitor, Two audio jacks.
Microphone.

One or two large screen video > Normal room lighting,
Spectators monitors that can be viewed by
spectators are optional
Supervised, sent duress ‘ne quadriplex power outlet | ~ Normal room lahing
; alarm, Two data jacks and one
seat Telephone with visual phone jack.
display/silent ring.

= Notebook computer (optional).

Sound amplification system |» Appropriate power and > Normal room lighting,
with controls located at clerk’s cabling.
station.

Courtroom | - Video conferencing system for
Generally viewing remote or expert
witness testimony.
Security cameras.
Assistive listening devices,
"Each office should be equipped |- Normal power supply for | ~ Normal room lighting with
with a personal computer, private office. task lighting at the desk.
monitor, printer, TV, and ~ One dedicated computer
Judge’s Office | telephone. power receptacle,

Office may also be equipped for | - Two data jacks and one
future video conferencing, phone jacks, and a cable:
TV outlet.
Each worksiaton shouldbe |» Each workstation should | ~ Normal room fghing with
‘equipped with a personal have two quadriplex task lighting at the desk.
“judicial ‘computer with monitor and electrical outlets and one
teoetny printer, and telephone. dedicated computer power
receptacle.
= Two data jacks and one
phone jack.
Each worksiaton shouldbe |= Each worstain should} ~ Normal room fghing wih
‘equipped with a personal have two quadriplex task lighting at the desk.
computer with monitor and electrical outlets and one
Law Clerk printer, and telephone dedicated computer power
receptacle,
Two data jacks and one
phone jack.

Office of the Executive Secretary
Supreme Court of Virginia
‘Prepared by: Don Hardenberg, Court works
Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR TECHNOLOGY  PAGE 7-17
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
LOCATION EQUIPMENT
ELECTRICAL, DATA, AUDIO,
COMMUNICATIONS
DISTRIBUTION
LIGHTING
Court
Reporter
 Each workstation should be
equipped with a personal
computer with monitor and
printer, and telephone.
 Each workstation should
have two quadriplex
electrical outlets and one
dedicated computer power
receptacle,
 Two data jacks and one
phone jack.
 Normal room lighting with
task lighting at the desk.
Interpreter
 Each workstation should be
equipped with a personal
computer with monitor and
printer, and telephone.
 Each workstation should
have two quadriplex
electrical outlets and one
dedicated computer power
receptacle,
 Two data jacks and one
phone jack.
 Normal room lighting with
task lighting at the desk.
Support
Equipment
 Other office equipment may
include a shared printer, copier,
facsimile machine, coffee
machine, microwave, and other
miscellaneous office
equipment.
 Sufficient electrical
receptacles for noted
equipment.
Judicial
Conference
 Personal computer workstation
with keyboard and video display
monitor.
 Printer.
 Facsimile machine.
 Photocopier.
 Video conferencing equipment.
 Telephone.
 Video screen and video
projector equipment.

 Large screen video display
monitor mounted on wall.
 Marker board.
 Each identified workstation
should have two quadriplex
electrical outlets and one
dedicated computer power
receptacle.
 Two data jacks and one
phone jack located at each
identified station.
 At least one cable TV outlet.
 Normal room lighting.

 Room should be capable of
being dimmed for viewing
presentations.
Clerk
Workstations
 Each workstation should be
equipped with a personal
computer with monitor, printer,
and scanner. Some
workstations may require two
monitors.
 Each workstation should
have two quadriplex
electrical outlets and one
dedicated computer power
receptacle.
 Two data jacks and one
phone jack.
 Normal room lighting with
individual task lighting at the
work area.
 Need to avoid glare on
video monitors.
Public
Counter Staff
Workstation
 Personal computer with
keyboard and video display
monitor.
 Two quadriplex power
outlets per workstation and
one dedicated computer
power receptacle.
 Two data jacks and one
phone jack.
 Normal room lighting with
individual task lighting at the
work area.
 Need to avoid glare on
video monitors.
Cashier
Station
 Personal computer with register
printer and video monitor.
 Security camera at all cashier
stations.
 Duress alarm.
 Two quadriplex power
outlets per workstation and
one dedicated computer
power receptacle.
 Two data jacks and one
phone jack.
 Normal room lighting with
individual task lighting at the
work area.
 Need to avoid glare on
video monitors
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR TECHNOLOGY PAGE 7-17
ELECTRICAL, DATA, AUDIO,
LOCATION EQUIPMENT COMMUNICATIONS LIGHTING
DISTRIBUTION
~ Each workstation shouldbe | ~ Each workstation should ~ Normal room ighting wih
equipped with a personal have two quadrplex task ighting at he desk
court computer with monitor and clectical outlets and one
Reporter printer, and telephone, dedicated computer power
i receptacle,

Two data jacks and one
phone jack.
Each workstation should be + Each workstation should + Normal room lighting with
‘equipped with a personal have two quadriplex task lighting at the desk.
computer with monitor and electrical outlets and one
Interpreter printer, and telephone. dedicated computer power
receptacle,
Two data jacks and one
phone jack.


Other office equipment may ~ Sufficient electrical
include a shared printer, copier, | receptacles for noted
facsimile machine, coffee ‘equipment.

Duress alarm.
‘Two data jacks and one
phone jack.
Equipment machine, microwave, and other
miscellaneous office
equipment.

Personal computer workstation | » Each identified workstation | Normal room lighting,
with keyboard and video display | should have two quadriplex | - Room should be capable of
monitor. electrical outets and one being dimmed for viewing


Printer. dedicated computer power | presentations.
Facsimile machine. receptacle.
Judicial + Photocopier. ~ Two data jacks and one
Conference | Video conferencing equipment. | phone jack located at each
Telephone. identified station
Video screen and video + Atleast one cable TV outlet.
projector equipment.
Large screen video display
monitor mounted on wall
Marker board,
= Each workstation shouldbe | = Each workstation should | = Normal room lighting with
‘equipped with a personal have two quadriplex individual task lighting at the
clerk ‘computer wth monitor, printer, | electrical outlets and one work area,
Workstations | 2%d Scanner. Some dedicated computer power | - Need to avoid glare on
workstations may require two | receptacle. video monitors.
monitors + Two data jacks and one
phone jack.


Personal computer with > Two quadriplex power > Normal room ightng with
Public keyboard and video display ‘outlets per workstation and | — individual task lighting atthe
Counter Start | nit. ‘one dedicated computer work area,
Workstation power receptacie. + Need to avoid glare on


Two data jacks and one video monitors
phone jack.
= Personal computer with register | = Two quadriplex power = Normal room lighting with
printer and video monitor. ‘outlets per workstation and | individual task lighting at the
Cashier + Security camera at all cashier | one dedicated computer work area,
Station stations. power receptact. + Need to avoid glare on

video monitors:
Office of the Executive Secretary
Supreme Court of Virginia
‘Prepared by: Don Hardenberg, Court works
Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR TECHNOLOGY  PAGE 7-18
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
LOCATION EQUIPMENT
ELECTRICAL, DATA, AUDIO,
COMMUNICATIONS
DISTRIBUTION
LIGHTING
Public Access
Areas
 At least one public access
computer terminals with
keyboard and video monitor in
each clerk’s office, located at
the public counter.
 One quadriplex power outlet
per public access station.
 Two data jacks.
 Normal room lighting.
 Need to avoid glare on
video monitors
Records
Rooms
 Security cameras.
 Document viewing stations
require one large screen video
display monitor and computer
terminal with keyboard.
 Printers.
 Photocopiers.
 Two data jacks for each
document imaging review
workstation.
 Each identified workstation
requires one quadriplex
power outlet, and one
dedicated computer power
receptacle.
 Normal room lighting.
 Need to avoid glare on
video monitors.
Document
Scanning
Station
 Each document scanning
workstation should include 2
PCs with 2 large document
video monitors and 2 printers.
 Scanner.
 Four data jacks and one
phone jack per workstation.
 Each identified workstation
requires two quadriplex
power outlets, and one
dedicated computer power
receptacle.
 Normal room lighting.
 Need to avoid glare on
video monitors.
Support
Equipment
and Work
Rooms
 Photocopiers.
 Shared printers.
 Facsimile machines.
 Wiring, power supply,
HVAC, and acoustical
design should meet
individual equipment and
systems specifications.
 Normal room lighting.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR TECHNOLOGY PAGE 7-18
ELECTRICAL, DATA, AUDIO,
LocaTion EquiPwenr ‘Conmunicarions icine
DisrRIBUTION
‘Atleast one public access ‘One quadrplex power oulet | ~ Normal room fighting,
Public Access | computer terminals wih per publc access statin. | + Need to avoid glare on
os keyboard and video monitor in| + Two data jacks video monitors
each detk’'s office, located at
the public counter.
Security cameras. Two daa jacks for each | ~ Normal room lighting.

Document viewing stations document imaging review | - Need to avoid glare on
require one large soreen video | workstation. video monitors
Records display monitor and computer | ~ Each identified workstation
Rooms terminal with keyboard requires one quadiipex
Printers power outlet, and one
Photocopiers. dedicated computer power
receptacle.
~ Each document scanning ~ Four data jacks and one | ~ Normal room lighting
workstation should include 2 | phone jack per workstation. | - Need to avoid glare on
Document PCs with 2large document | » Each identified workstation | video monitors.
Scanning video monitors and 2 printers. | requires two quadriplex
Station + Scanner power outlets, and one
dedicated computer power
receptacle,
Support Photocopiers. Wiring, power supply, ~ Normal room lighting,
ss + Shared printers HVAC, and acoustical
quipment | . Facsimile machines. design should meet
Eavigmen acsimile ma gt
andWo individual equipment and
systems specifications.

Office of the Executive Secretary
Supreme Court of Virginia
‘Prepared by: Don Hardenberg, Court works
Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR COURT SECURITY PAGE 8-1
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
CHAPTER 8 -  PLANNING FOR COURT SECURITY
There are few traditions in our nation as cherished as that of free-and-open access to justice. The
expectation and reality of judicial safety, both inside and outside the courthouse is integral to
fulfilling our justice system’s promise of accessibility, impartiality, transparency, and the right to
a fair and impartial trial. Free and open access to justice requires a safe and secure environment
in which all those who come to the courthouse are free from fear and intimidation. Judges,
employees, and the public users of the facility need to feel safe if they are to conduct themselves
in a fair and impartial manner and in accordance with a sense of judicial decorum. Security
measures, however, should remain as unobtrusive as possible. The use of overt security measures
evokes an image of justice held hostage. In addition to these guidelines additional security
recommendations may be found in the Court Security Handbook drafted by the CCJ/COSCA
Joint Committee on Court Security.
A broad approach to court security should be adopted; one that assesses the likelihood of all
potential threats and develops appropriate plans to protect people, property, and information. In
today’s environment the threat of terrorism is a natural concern, but evidence suggests that most
of the violence that occurs in the courthouse is case related and that the most dangerous cases are
family and domestic matters. Other safety concerns range from the possibility of assaults, theft of
property, harassment, damage to property or equipment, to disruptions of judicial proceedings
because of natural disasters such as hurricanes, tornadoes, and other severe weather events. Each
courthouse should periodically have a threat risk assessment completed and have in place a
building security plan that addresses the most likely threat scenarios.
When planning a new courthouse or performing a major renovation of an existing courthouse,
the planning and design should assure a high degree of security and safety within and about the
building. The site, landscaping, building exterior, internal organization and circulations systems,
and environmental and building systems should be planned to maximize the security and safety
of judges, court staff and all visitors; the physical structures, equipment, and property; and the
information contained in the courthouse.
The goal of Courthouse Security is to protect persons, property and information. The courthouse
should provide an environment in which the work of the courts can proceed in a safe and
dignified manner with relatively little danger to the judiciary, the staff, and the public who are in
court. The judiciary, court employees, victims and witnesses, accused and family members,
attorneys, and member of the public should be able to perform their duties and conduct their
business without the fear of intimidation, harassment, or physical harm.
Additionally, the courthouse’s physical structure and equipment contained therein represent a
major public investment. Damage to the building(s) or the equipment can cause delays and
threaten the fair administration of justice. Finally, record keeping is central to the operations and
functioning of any court. The information, including land records, court orders, and other case
and government records are all vital information that must be protected.
Security is achieved through a combination of architectural/physical, personnel and operations,
and technological/equipment measures. The appropriate choice depends on the costs of
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR COURT SECURITY PAGE 8-1
CHAPTER 8 - PLANNING FOR COURT SECURITY
There are few traditions in our nation as cherished as that of free-and-open access to justice. The
expectation and reality of judicial safety, both inside and outside the courthouse is integral to
fulfilling our justice system’s promise of accessibility, impartiality, transparency, and the right to
a fair and impartial trial. Free and open access to justice requires a safe and secure environment
in which all those who come to the courthouse are free from fear and intimidation. Judges,
employees, and the public users of the facility need to feel safe if they are to conduct themselves
in a fair and impartial manner and in accordance with a sense of judicial decorum, Security
measures, however, should remain as unobtrusive as possible. The use of overt security measures
evokes an image of justice held hostage. In addition to these guidelines additional security
recommendations may be found in the Court Security Handbook drafted by the CCJ/COSCA
Joint Committee on Court Security.
A broad approach to court security should be adopted; one that assesses the likelihood of all
potential threats and develops appropriate plans to protect people, property, and information, In
today’s environment the threat of terrorism is a natural concern, but evidence suggests that most
of the violence that occurs in the courthouse is case related and that the most dangerous cases are
family and domestic matters. Other safety concerns range from the possibility of assaults, theft of
property, harassment, damage to property or equipment, to disruptions of judicial proceedings
because of natural disasters such as hurricanes, tornadoes, and other severe weather events. Each
courthouse should periodically have a threat risk assessment completed and have in place a
building security plan that addresses the most likely threat scenarios.
When planning a new courthouse or performing a major renovation of an existing courthouse,
the planning and design should assure a high degree of security and safety within and about the
building. The site, landscaping, building exterior, internal organization and circulations systems,
and environmental and building systems should be planned to maximize the security and safety
of judges, court staff and all visitors; the physical structures, equipment, and property; and the
information contained in the courthouse.
The goal of Courthouse Security is to protect persons, property and information. The courthouse
should provide an environment in which the work of the courts can proceed in a safe and
dignified manner with relatively little danger to the judiciary, the staff, and the public who are in
court. The judiciary, court employees, victims and witnesses, accused and family members,
attorneys, and member of the public should be able to perform their duties and conduct their
business without the fear of intimidation, harassment, or physical harm.
Additionally, the courthouse’s physical structure and equipment contained therein represent a
major public investment, Damage to the building(s) or the equipment can cause delays and
threaten the fair administration of justice. Finally, record keeping is central to the operations and
functioning of any court. The information, including land records, court orders, and other case
and government records are all vital information that must be protected.
Security is achieved through a combination of architectural/physical, personnel and operations,
and technological/equipment measures. The appropriate choice depends on the costs of
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR COURT SECURITY PAGE 8-2
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
construction and operations, propriety, legality, effectiveness of responses, adaptability to
change, administrative control, and timeliness.
A key element in courthouse security is the separation of the public, judiciary and staff, and in-
custody defendants. In small rural courthouses this may be achieved through operational means,
but in larger courthouses this is best achieved architecturally through the maintenance of three
separate and distinct circulation systems. This is essential for security and safety reasons as well
as the operational efficiency of the court.
At a minimum, architectural features that enhance safety include:
 A single point of public entry to the building;
 An entry screening station where everyone entering the courthouse is screened for
weapons;
 Separation of public, judicial/staff, and prisoner circulation systems;
 Secure vehicular sally port for transfer of prisoners to and from the building;
 Use of central and court-floor in-custody holding areas accessed by secure
circulation;
 Sufficient public waiting space to separate opposing parties, particularly in
domestic cases;
 Elimination of blind areas and dead ends within the building or places where
people can hide and the use of large open spaces to increase visibility;
 The installation of Intrusion systems to monitor the status of doors, windows, and
other exterior openings in the building;
 Access control systems to control entry to restricted areas of the building;
 The installation of fences, walls, or other physical barriers to define the perimeter
of the building and prevent attacks on the exterior of the building;
 The installation of exterior lighting to illuminate accesses to the building and
parking areas; and
 Secure parking for the judiciary within the building with secure access to the
building and the private circulation.
I. SITE AND PERIMETER
It is recommended that when possible the courthouse be set back from the perimeter of the
property to protect the exterior from vehicular attack. Also, the use of decorative walls,
bollards, planters, berms or other structures may be used to prevent vehicles from
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR COURT SECURITY PAGE 8-2
construction and operations, propriety, legality, effectiveness of responses, adaptability to
change, administrative control, and timeliness.
‘A key element in courthouse security is the separation of the public, judiciary and staff, and in-
custody defendants. In small rural courthouses this may be achieved through operational means,
but in larger courthouses this is best achieved architecturally through the maintenance of three
separate and distinct circulation systems. This is essential for security and safety reasons as well
as the operational efficiency of the court.
At a minimum, architectural features that enhance safety include:
= A single point of public entry to the building:
= Anentry screening station where everyone entering the courthouse is screened for
weapons;
= Separation of public, judicial/staff, and prisoner circulation systems;
= Secure vehicular sally port for transfer of prisoners to and from the building:
= Use of central and court-floor in-custody holding areas accessed by secure
circulation;
= Sufficient public waiting space to separate opposing parties, particularly in
domestic cases;


Elimination of blind areas and dead ends within the building or places where
people can hide and the use of large open spaces to increase visibility;


The installation of Intrusion systems to monitor the status of doors, windows, and
other exterior openings in the building:


= Access control systems to control entry to restricted areas of the building:


The installation of fences, walls, or other physical barriers to define the perimeter
of the building and prevent attacks on the exterior of the building;


The installation of exterior lighting to illuminate accesses to the building and
parking areas; and


= Secure parking for the judiciary within the building with secure access to the
building and the private circulation.
I. SITE AND PERIMETER
It is recommended that when possible the courthouse be set back from the perimeter of the
property to protect the exterior from vehicular attack. Also, the use of decorative walls,
bollards, planters, berms or other structures may be used to prevent vehicles from
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR COURT SECURITY PAGE 8-3
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
approaching too close to the building. The following actions directed toward securing the
site and perimeter are recommended.
 Determine appropriate standoff distance from the street (a minimum of 50’ from
the curb is suggested)
 The perimeter of the courthouse grounds should be clearly defined by fences,
walls, or other physical barriers. All exposed fixtures should be weather and
tamper resistant.
 Maintain clear access routes for first responders.
 Illuminate exterior of the building, site perimeter, walkways, and drives and
parking areas.
 Where it is not possible to provide adequate standoff, provide appropriate barriers
to prevent a vehicle from approaching the building and adequate protection from
potential blast effects.
 Natural barriers such as trees and constructed barriers such as planting boxes,
heavy masonry benches and tables, access ramps with masonry walls, fences, and
bollards can be used.
 Built in landscaping such as planters against the building up to window height
provide a barrier to vehicles without elevating the building.
 Retaining walls can be used to define the property boundary and serve as barriers
within the landscape design.
 Where landscaping features such as trees and fences are used, they should not
hinder visibility or provide the opportunity for concealment of people or vehicles.
 Landscape features that provide places for potential intruders to hide weapons or
other dangerous items should be eliminated.
 If video cameras are used to observe the site, their sightlines should not be
impeded by leaf canopies or areas that are hidden from overhead observation.
II. WINDOWS AND GLAZING
The most severe injuries in a blast event are the result of shattered glass. Typically the
choices range from regular glazing such as would be used in a general office building to
either a bullet resistant or attack resistant glazing. Bullet resistant glazing is designed to
withstand the impact of a high velocity projectile but generally does not withstand low
velocity heavy objects (such as a chair or brick) or the impact of a bomb blast. Based on the
level of risk assessment, a decision should be made regarding the type of glazing to be used
on all exterior windows and doors.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR COURT SECURITY PAGE 8-3
approaching too close to the building. The following actions directed toward securing the
site and perimeter are recommended.
Determine appropriate standoff distance from the street (a minimum of 50” from
the curb is suggested)
‘The perimeter of the courthouse grounds should be clearly defined by fences,
walls, or other physical barriers, All exposed fixtures should be weather and
tamper resistant.
Maintain clear access routes for first responders.
Illuminate exterior of the building, site perimeter, walkways, and drives and
parking areas.
Where it is not possible to provide adequate standoff, provide appropriate barriers
to prevent a vehicle from approaching the building and adequate protection from
potential blast effects.
Natural barriers such as trees and constructed barriers such as planting boxes,
heavy masonry benches and tables, access ramps with masonry walls, fences, and
bollards can be used.
Built in landscaping such as planters against the building up to window height
provide a barrier to vehicles without elevating the building.
Retaining walls can be used to define the property boundary and serve as barriers
within the landscape design.
Where landscaping features such as trees and fences are used, they should not
hinder visibility or provide the opportunity for concealment of people or vehicles.
Landscape features that provide places for potential intruders to hide weapons or
other dangerous items should be eliminated.
If video cameras are used to observe the site, their sightlines should not be
impeded by leaf canopies or areas that are hidden from overhead observation.
Il. WINDOWS AND GLAZING
The most severe injuries in a blast event are the result of shattered glass. Typically the
choices range from regular glazing such as would be used in a general office building to
either a bullet resistant or attack resistant glazing. Bullet resistant glazing is designed to
withstand the impact of a high velocity projectile but generally does not withstand low
velocity heavy objects (such as a chair or brick) or the impact of a bomb blast. Based on the
level of risk assessment, a decision should be made regarding the type of glazing to be used
on all exterior windows and doors.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR COURT SECURITY PAGE 8-4
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
At a minimum, it is recommended that all ground floor windows and doors should be
equipped with attack resistant glazing to prevent breakage from vandalism or storms.
III. PUBLIC PARKING
No public parking should be located under, or in, the courthouse. Any public parking
facility should be built adjacent to the building with a minimum 100 foot separation.
IV. SECURE PARKING
All courthouses should have secure parking for judges and Constitutional Officers
provided. Secure judicial parking ideally should be located in an underground garage with
secure access. There should be a roll down security gate that is continually monitored by
CCTV and intercom from the Sheriff’s central control center. Separate entrances should be
provided for the judicial and elected official parking and the Sheriff’s and prisoner transport
vehicles. Once inside the secure parking area, judges and officials should be able to reach
their offices by means of the private circulation system.
If underground parking is not possible then secure parking may be provided at grade level
within a secured compound with secure access. If secured parking is not feasible, judges
may be provided unmarked reserved parking spaces located as near as possible to a secure
building entrance. This area should be patrolled frequently. There should never be any
signage that identifies who is parking in the space.
V. ENTRANCES AND LOBBY
Weapons screening is a standard practice in nearly all large urban courthouses. All
courthouses should have a single public entrance through which all persons, including
employees, should pass.
A. Entrance Screening Station
The weapons screening station requires electrical power for the installation of metal
detectors and x-ray machines. Depending upon the number of persons entering the
building on a daily basis, more than one screening station may be required to cover
peak hours of activity. Best practices recommend that the screening area should be
located outside the main mass of the building structure to lessen potential blast effects
on the main structure in case of an IED discovery at the entrance.
Sufficient space should be allowed to permit at least 20 people to line up within the
building prior to walking through the screening stations. People should not have to
wait outside in hot, cold or inclement weather.
Space needs to be provided for at least two security officers per screening station (one
to operate the x-ray machine and another to hand check persons who set off the metal
detector).
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR COURT SECURITY PAGE 8-4
Ata minimum, it is recommended that all ground floor windows and doors should be
equipped with attack resistant glazing to prevent breakage from vandalism or storms
Il, PUBLIC PARKING
No public parking should be located under, or in, the courthouse. Any public parking
facility should be built adjacent to the building with a minimum 100 foot separation.
IV. SECURE PARKING
All courthouses should have secure parking for judges and Constitutional Officers
provided. Secure judicial parking ideally should be located in an underground garage with
secure access, There should be a roll down security gate that is continually monitored by
CCTV and intercom from the Sheriff’s central control center. Separate entrances should be
provided for the judicial and elected official parking and the Sheriff’s and prisoner transport
vehicles. Once inside the secure parking area, judges and officials should be able to reach
their offices by means of the private circulation system.
If underground parking is not possible then secure parking may be provided at grade level
within a secured compound with secure access. If secured parking is not feasible, judges
may be provided unmarked reserved parking spaces located as near as possible to a secure
building entrance. This area should be patrolled frequently. There should never be any
signage that identifies who is parking in the space.
V. ENTRANCES AND LOBBY
Weapons screening is a standard practice in nearly all large urban courthouses. All
courthouses should have a single public entrance through which all persons, including
employees, should pass.
A. Entrance Sereening Station
‘The weapons screening station requires electrical power for the installation of metal
detectors and x-ray machines. Depending upon the number of persons entering the
building on a daily basis, more than one screening station may be required to cover
peak hours of activity. Best practices recommend that the screening area should be
located outside the main mass of the building structure to lessen potential blast effects
on the main structure in case of an IED discovery at the entrance.
Sufficient space should be allowed to permit at least 20 people to line up within the
building prior to walking through the screening stations. People should not have to
wait outside in hot, cold or inclement weather.
Space needs to be provided for at least two security officers per screening station (one
to operate the x-ray machine and another to hand check persons who set off the metal
detector).
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR COURT SECURITY PAGE 8-5
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
All courthouses require the following,
 A single point of public entry to the building is preferred;
 An entry screening station at every public entrance where everyone entering the
courthouse is screened for weapons;
 That all deliveries, packages, mail, as well as couriers and delivery persons should
be screened or visually inspected for weapons, explosive devices, or hazardous
materials. Courthouses with receiving docks should have personnel and
equipment available to screen all incoming materials.
 An area outside the security screening area where the public may queue prior to
being screened. This area should be sheltered to protect persons from the
elements.
 Sufficient staff and screening equipment at the security screening station to permit
the screening of everyone coming to the courthouse in a timely and efficient
manner at peak hours.
 A building security control room located off the lobby overlooking the main
public entrance for ease of surveillance. The control room should be coordinated
with the holding cell control room so that its surveillance responsibilities are
transferred to the main floor after hours.
 There should be no places outside the screening area where persons can store or
hide anything prior to being screened.
B. Staff Entrances
It is a best practice to have all employees entering the building screened like everyone
else, including the use of a metal detector and x-ray machine. The building may be
designed with a separate employee entrance to avoid having employees wait in line
with visitors entering the building. The employee entrance should be located near the
main area where employees are to park. The entrance will need to be staffed by
security staff and requires a single metal detector and x-ray machine.
It is a common practice, however, to have a separate employee entrance where staff
may enter by displaying a court issued ID.
C. Service Entrance
Larger courthouses should have a service entrance for the delivery of supplies,
equipment, and other large items, and the collection of trash and recycling. Everyone
entering the building through this location should be screened.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR COURT SECURITY PAGE 8-5
All courthouses require the following,
= A single point of public entry to the building is preferred;
= Aneentry screening station at every public entrance where everyone entering the
courthouse is screened for weapons;
= That all deliveries, packages, mail, as well as couriers and delivery persons should
be screened or visually inspected for weapons, explosive devices, or hazardous
materials. Courthouses with receiving docks should have personnel and
equipment available to screen all incoming materials.

An area outside the security screening area where the public may queue prior to
being screened. This area should be sheltered to protect persons from the
elements.

= Sufficient staff and screening equipment at the security screening station to permit
the screening of everyone coming to the courthouse in a timely and efficient
manner at peak hours.
= A building security control room located off the lobby overlooking the main
public entrance for ease of surveillance. The control room should be coordinated
with the holding cell control room so that its surveillance responsibilities are
transferred to the main floor after hours.
= There should be no places outside the screening area where persons can store or
hide anything prior to being screened
B. Staff Entrances
It is a best practice to have all employees entering the building screened like everyone
else, including the use of a metal detector and x-ray machine. The building may be
designed with a separate employee entrance to avoid having employees wait in line
with visitors entering the building. The employee entrance should be located near the
main area where employees are to park. The entrance will need to be staffed by
security staff and requires a single metal detector and x-ray machine.
It is a common practice, however, to have a separate employee entrance where staff
may enter by displaying a court issued ID.
C. Service Entrance
Larger courthouses should have a service entrance for the delivery of supplies,
equipment, and other large items, and the collection of trash and recycling. Everyone
entering the building through this location should be screened.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR COURT SECURITY PAGE 8-6
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
The receiving dock security screening area should be located immediately adjacent to
the receiving dock bay(s) where all packages and deliveries to the building can be
screened or x-rayed. It must be wired for a large x-ray machine and metal detector.
The receiving dock requires CCTV cameras inside and outside the receiving dock.
The Sheriff’s command and control center should have local and remote control of
overhead and access doors. A duress alarm is required in the general receiving area
and there should be an intercom between the receiving dock security station and the
outside receiving area.
Consideration should be given to creating a mail receiving room adjacent to the
receiving dock where all mail deliveries can be received and the mail x-rayed as
needed.
VI. ALARMS AND CONTROL SYSTEMS
The courthouse should be equipped with intrusion and duress alarms.
Duress alarms are designed to signal for
immediate help.
Intrusion alarms are designed to alert
security staff to unauthorized entry after
hours. The alarms can be of several
varieties, including space alarms, vibration
alarms, and door contact alarms. The alarm
system can be set to produce a loud sound
to alert the police and deter entry, or
alarms can be silent to alert police only.
After hours the alarms should sound at the
nearest police station.
Door alarms should also be placed at all
exits from the building. Staff sometimes prop doors open for breaks and then forget to close
them. Side doors should be marked, “Emergency exit only; alarm will sound.”
The alarm should sound at the court’s central security control station and at the responding
local law enforcement agency.
A. Duress Alarms
A supervised alarm system (duress alarm) should be installed in the courthouse. In
non-supervised systems, if the wires between the switch in the courtroom or
chambers are severed, the circuit is rendered inoperative with no indication at the
monitoring location. The circuit remains inoperative until it is tested and repaired. In
Court Central
Security Control Unit
Floor Control Stations
Officer
Intercom System
Public Address
System
Fire Alarms
Duress Alarms
Video Security
Cameras
External
Emergency
Personnel
Door Access
System
Security
Control
Unit
Equipment
Room
Security
Workroom
Toilets
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR COURT SECURITY PAGE 8-6
The receiving dock security screening area should be located immediately adjacent to
the receiving dock bay(s) where all packages and deliveries to the building can be
screened or x-rayed. It must be wired for a large x-ray machine and metal detector.
The receiving dock requires CCTV cameras inside and outside the receiving dock.
The Sheriff’s command and control center should have local and remote control of
ovethead and access doors. A duress alarm is required in the general receiving area
and there should be an intercom between the receiving dock security station and the
outside receiving area.
Consideration should be given to creating a mail receiving room adjacent to the
receiving dock where all mail deliveries can be received and the mail x-rayed as
needed.
VI. ALARMS AND CONTROL SYSTEMS
The courthouse should be equipped with intrusion and duress alarms.
Duress alarms are designed to signal for
immediate help.
Intrusion alarms are designed to alert
security staff to unauthorized entry after Fre Alas soo Contl Staion
hours. The alarms can be of several ues lame oe
varieties, including space alarms, vibration Yeo secwty a
alarms, and door contact alarms, The alarm Cameras
system can be set to produce a loud sound eergeney ousatess
to alert the police and deter entry, or Personne! ariel
alarms can be silent to alert police only.
After hours the alarms should sound at the Court Central
nearest police station. ‘Security Control Unit
Door alarms should also be placed at all
exits from the building. Staff sometimes prop doors open for breaks and then forget to close
them. Side doors should be marked, “Emergency exit only; alarm will sound.”
The alarm should sound at the court’s central security control station and at the responding
local law enforcement agency.
A. Duress Alarms
A supervised alarm system (duress alarm) should be installed in the courthouse. In
non-supervised systems, if the wires between the switch in the courtroom or
chambers are severed, the circuit is rendered inoperative with no indication at the
monitoring location. The circuit remains inoperative until it is tested and repaired. In
Office of the Executive Secretary ‘Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR COURT SECURITY PAGE 8-7
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
a supervised system, whenever the circuit is broken the alarm sounds. This occurs if
the alarm button is pressed or if the wires are severed for some reason.
The alarms should sound at the Sheriff’s command and control center. If a fixed
system is installed, buttons should be located at the following locations:
 All public counters,

 All cashier stations,
 All courtrooms at the judges’ bench and clerks’ station,

 All judicial chambers,
 All holding areas,
 Sally port,
 Entry screening stations,
 Probation Offices,
 Court Service Offices,
 Commonwealth Attorney Office.
The most common type of duress alarm is a hard-wired system with fixed positions.
Newer systems are wireless and may be triggered by a device that is carried by judges
and court employees on their person. It has the advantage of being able to be
activated from any location without having to get to a fixed location. The signal is
picked up by receiving stations located throughout the building and passed on to the
central security control. The control monitors will identify which receiving station is
relaying the signal as well as identify the person who activated the alarm.
B. Intrusion Alarms
Intrusion systems monitor the status of doors, windows, and other exterior openings.
They can be coordinated with an access control system to alert of unauthorized or
forced access of doors, glass breakage, or roof intrusion.
All movable, accessible openings into the courthouse within 18 feet of firm ground
should be alarmed. Glass or composition panels should be protected with glass break
sensors. The alarms should annunciate at the Sheriff’s central command and control
console.
It is also recommended that CCTV cameras be installed at all entrances and exits. The
unauthorized opening or attempting to open an exit door should activate the camera
and a recording (see section on video surveillance).
Motion detectors also may be considered for monitoring against after-hours
unauthorized intrusion in sensitive areas of the building. Any motion detectors should
alert the security staff in the Sheriff’s command and control center or nearest local
law enforcement station.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR COURT SECURITY PAGE 8-7
a supervised system, whenever the circuit is broken the alarm sounds. This occurs if.
the alarm button is pressed or if the wires are severed for some reason.
The alarms should sound at the Sheriff’s command and control center. If a fixed
system is installed, buttons should be located at the following locations:


All public counters,


All cashier stations,


All courtrooms at the judges” bench and clerks’ station,


All judicial chambers,


All holding areas,


Sally port,


Entry screening stations,


Probation Offices,


Court Service Offices,


Commonwealth Attorney Office.


The most common type of duress alarm is a hard-wired system with fixed positions.
Newer systems are wireless and may be triggered by a device that is carried by judges
and court employees on their person. It has the advantage of being able to be
activated from any location without having to get to a fixed location. The signal is
picked up by receiving stations located throughout the building and passed on to the
central security control. The control monitors will identify which receiving station is
relaying the signal as well as identify the person who activated the alarm.
B. Intrusion Alarms
Intrusion systems monitor the status of doors, windows, and other exterior openings.
They can be coordinated with an access control system to alert of unauthorized or
forced access of doors, glass breakage, or roof intrusion.
All movable, accessible openings into the courthouse within 18 feet of firm ground
should be alarmed. Glass or composition panels should be protected with glass break
sensors. The alarms should annunciate at the Sheriff’s central command and control
console.
It is also recommended that CCTV cameras be installed at all entrances and exits. The
unauthorized opening or attempting to open an exit door should activate the camera
and a recording (see section on video surveillance).
Motion detectors also may be considered for monitoring against after-hours
unauthorized intrusion in sensitive areas of the building. Any motion detectors should
alert the security staff in the Sheriffs command and control center or nearest local
law enforcement station.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR COURT SECURITY PAGE 8-8
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
C. Access Controls
Access control systems control entry to restricted areas of the building. Typically
activated by numeric keypad or card / proximity readers, access control systems allow
door release to the private circulation systems and other “secure” areas of the
building.
All doors in the courthouse should be equipped with an electronic access control
system.
D. Environmental Controls
All environmental controls in the courthouse should be secured, with access restricted
to authorized personnel. In order to avoid tampering and sabotage, access to controls
for heating, air conditioning, ventilation should be limited to authorized staff. Outside
air intake mechanisms should also be secured so they cannot be used as access to the
building or as a conduit for biochemical attack. Outside air intake also should not be
located near any loading dock or other area where trucks or other vehicles may idle to
prevent exhaust fumes from entering the building.
VII. VIDEO SURVEILLANCE
Typically video cameras are used in prisoner holding areas to monitor prisoners and
prisoner movement. They also are used to observe entrances to the building, particularly
receiving docks and service entrances that may not have a permanent security presence, to
monitor public and private corridors and access to sensitive areas, as well as to monitor
courtrooms.
 Security cameras should be placed to observe the natural approaches to the
courthouse.
 Wall mounted cameras should be located on the opening side of entrance doors at
controlled entrances to obtain a profile picture of the individual entering the
building as well as viewing the area immediately around the door.
 Cameras should be placed at the entrance to the judges/officials parking garage.

Cameras should be installed so as to observe the judges’/officials’ automobiles
and the walkways to the elevator/entrance. The size of the parking garage and
walking distances should determine the number of cameras required.
 Security cameras should be mounted on the interior side of all emergency exit
doors. When the door is opened the alarm should sound at the command and
control center monitoring console and the switcher should bring up the camera to
a large central monitor.
 Unless a credible threat exists hallway cameras are not essential, except in the
public waiting areas of the juvenile and domestic relations courts.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR COURT SECURITY PAGE 8-8
C. Access Controls
Access control systems control entry to restricted areas of the building. Typically
activated by numeric keypad or card / proximity readers, access control systems allow
door release to the private circulation systems and other “secure” areas of the
building
Al doors in the courthouse should be equipped with an electronic access control
system.
D. Environmental Controls
All environmental controls in the courthouse should be secured, with access restricted
to authorized personnel. In order to avoid tampering and sabotage, access to controls
for heating, air conditioning, ventilation should be limited to authorized staff. Outside
air intake mechanisms should also be secured so they cannot be used as access to the
building or as a conduit for biochemical attack, Outside air intake also should not be
located near any loading dock or other area where trucks or other vehicles may idle to
prevent exhaust fumes from entering the building.
VII. VIDEO SURVEILLANCE
Typically video cameras are used in prisoner holding areas to monitor prisoners and
prisoner movement. They also are used to observe entrances to the building, particularly
receiving docks and service entrances that may not have a permanent security presence, to
monitor public and private corridors and access to sensitive areas, as well as to monitor
courtrooms.
= Security cameras should be placed to observe the natural approaches to the
courthouse.
= Wall mounted cameras should be located on the opening side of entrance doors at
controlled entrances to obtain a profile picture of the individual entering the
building as well as viewing the area immediately around the door.
= Cameras should be placed at the entrance to the judges/officials parking garage.
Cameras should be installed so as to observe the judges’officials’ automobiles
and the walkways to the elevator/entrance. The size of the parking garage and
walking distances should determine the number of cameras required.
= Security cameras should be mounted on the interior side of all emergency exit
doors. When the door is opened the alarm should sound at the command and
control center monitoring console and the switcher should bring up the camera to
a large central monitor.

Unless a credible threat exists hallway cameras are not essential, except in the
public waiting areas of the juvenile and domestic relations courts.

Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR COURT SECURITY PAGE 8-9
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Isle of Wight Courthouse, Security Control Room
 Cameras should be installed inside all courtrooms. One camera should observe the
front portion of courtroom, one observe the spectators, and one observe the main
entrance door. The cameras should be monitored in the Sheriff’s command and
control center.
Other areas that should be monitored include:
 Lobby
 Entrance screening stations
 All public counters and cashier stations
 The receiving dock and service entrance
 Prisoner holding cells
 Prisoner circulation corridors and elevators
 Courtroom holding areas and cells
 Vehicular sally port
VIII. PUBLIC ADDRESS
The courthouse should be equipped with a public address system reaching all public areas
of the building. Especially in large courthouses, a paging system may be needed to locate
parties when court schedules fall behind or move ahead more rapidly than anticipated. Such
systems should not operate in courtrooms or office areas. The public address system also is
useful in the event of an emergency in the courthouse.
IX. CENTRAL SECURITY CONTROL OFFICE
The central security control office is the location from which all security zones and safety
alarm systems are monitored throughout
the building. From this unit, the
courthouse may be monitored through the
use of closed circuit television systems,
duress alarms, intrusion sensors and other
security systems.
The security control office may best be
located near the main public entrance or
may be located with the central holding
area control room.
Also located with the central security
control office is the protective equipment
such as security and duress alarms, fire alarm, emergency elevator control, public address
system, fire alarm enunciator panel, etc.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR COURT SECURITY
PAGE 8-9

Cameras should be installed inside all courtrooms. One camera should observe the
front portion of courtroom, one observe the spectators, and one observe the main
entrance door. The cameras should be monitored in the Sheriff’s command and

control center.
Other areas that should be monitored include:
Lobby
Entrance screening stations
All public counters and cashier stations
The receiving dock and service entrance
Prisoner holding cells
Prisoner circulation corridors and elevators
Courtroom holding areas and cells
Vehicular sally port
VIII. PUBLIC ADDRESS
The courthouse should be equipped with a public address system reaching all public areas
of the building. Especially in large courthouses, a paging system may be needed to locate
parties when court schedules fall behind or move ahead more rapidly than anticipated. Such
systems should not operate in courtrooms or office areas. The public address system also is
usefull in the event of an emergency in the courthouse.
IX. CENTRAL SECURITY CONTROL OFFICE
The central security control office is the location from which all security zones and safety
Isle of Wight Courthouse, Security Control Room
alarm systems are monitored throughout
the building. From this unit, the
courthouse may be monitored through the
use of closed circuit television systems,
duress alarms, intrusion sensors and other
security systems.
The security control office may best be
located near the main public entrance or
may be located with the central holding
area control room.
Also located with the central security
control office is the protective equipment
such as security and duress alarms, fire alarm, emergency elevator control, public address
system, fire alarm enunciator panel, ete.
Office of the Executive Secretary
Supreme Court of Virginia
‘Prepared by: Don Hardenberg, Court works
Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR COURT SECURITY PAGE 8-10
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
All power and lighting for this room should be from the building’s emergency electrical
service. All equipment should be on an uninterruptible power supply and all electricity
should be conditioned.
Access to the life safety equipment panel should be limited to building management.
X. VEHICULAR SALLY PORT
The courthouse should have a secure vehicular sally port for the secure transfer of in-
custody persons to and from transport vehicles. The sally port should be sized to hold at
least one transport van. It should be located within the Sheriff’s secure parking area and
have a security gate. It needs to be well ventilated and lighted. Many courthouses make use
of a drive through sally port in order to eliminate the need for a turnaround area.
Courthouses with a direct connection to a jail may not require a separate sally port if
detainees coming to court from other facilities are able to be processed through the jail.
In-custody detainees should enter the building’s central holding area directly from the sally
port.
XI. CENTRAL PRISONER HOLDING
In-custody defendants and witnesses need to be separated from the public while
maintaining their safety and constitutional rights. Prisoner detention facilities increase the
efficiency of the courts by allowing in-custody persons to be located close to the courtroom
at the scheduled time of appearance.
All but the smallest courthouse should have a central holding area located on the ground
floor or basement of the building that will service all courts within the building. It should be
located immediately adjacent to the vehicular sally port.
The holding area should consist of the following elements: holding cells for adult males and
females; holding cells for juvenile males and females; a control center to monitor and
control in-custody movement; entry vestibule at the entrance from the sally port; a
processing and transfer area or room; staff offices; staff toilets; elevators to the court floors;
elevator lobby; equipment room; and attorney / client visitation booths for attorneys to meet
privately with clients prior to court.
Sight and sound separation needs to be maintained between males and females, and adults
and juveniles.
The building’s central control center may also be located in this area, either as part of the
holding control room or as a separate facility adjacent to the holding area.
The holding area control center monitors the operations all movement of prisoners and
controls access to the holding cells. The officer(s) staffing the station should have a direct
view into the holding cells or have visibility through CCTV monitors and should be able to
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR COURT SECURITY PAGE 8-10
XL
All power and lighting for this room should be from the building’s emergency electrical
service. All equipment should be on an uninterruptible power supply and all electricity
should be conditioned.
Access to the life safety equipment panel should be limited to building management.
VEHICULAR SALLY PORT
The courthouse should have a secure vehicular sally port for the secure transfer of in-
custody persons to and from transport vehicles. The sally port should be sized to hold at
least one transport van. It should be located within the Sheriff’s secure parking area and
have a security gate. It needs to be well ventilated and lighted. Many courthouses make use
ofa drive through sally port in order to eliminate the need for a turnaround area.
Courthouses with a direct connection to a jail may not require a separate sally port if
detainees coming to court from other facilities are able to be processed through the jail.
In-custody detainees should enter the building’s central holding area directly from the sally
port.
CENTRAL PRISONER HOLDING
In-custody defendants and witnesses need to be separated from the public while
maintaining their safety and constitutional rights. Prisoner detention facilities increase the
efficiency of the courts by allowing in-custody persons to be located close to the courtroom
at the scheduled time of appearance.
All but the smallest courthouse should have a central holding area located on the ground
floor or basement of the building that will service all courts within the building. It should be
located immediately adjacent to the vehicular sally port.
The holding area should consist of the following elements: holding cells for adult males and
females; holding cells for juvenile males and females; a control center to monitor and
control in-custody movement; entry vestibule at the entrance from the sally port; a
processing and transfer area or room; staff offices; staff toilets; elevators to the court floors;
elevator lobby; equipment room; and attorney / client visitation booths for attorneys to meet
privately with clients prior to court.
Sight and sound separation needs to be maintained between males and females, and adults
and juveniles.
The building’s central control center may also be located in this area, either as part of the
holding control room or as a separate facility adjacent to the holding area.
The holding area control center monitors the operations all movement of prisoners and
controls access to the holding cells. The officer(s) staffing the station should have a direct
view into the holding cells or have visibility through CCTV monitors and should be able to
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR COURT SECURITY PAGE 8-11
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
see and control all entrances and exits. The control station should be secured from
unauthorized entry and should include a dedicated staff toilet. Intercoms and CCTV
cameras should be located at all doors.
All cells should have their own toilet facility. This eliminates the need for security officers
to escort prisoners to and from toilets. Drains are necessary in any cell with toilets. Drains
for sinks and toilets should be large enough so that they cannot be easily blocked. A
modesty panel should be provided around the cell toilets to maintain proper privacy.
Toilets and drains should be installed along a wall on the corridor side of the holding
facility or along an accessible service duct so that repairs can be made from the outside.
Sufficient transfer areas for moving in-custody individuals should be provided near the
sally port entrance as well as the secure elevators. Corridors should be wide enough to
prohibit detainees from grabbing officers and to allow adequate two-way passage and
prohibit the transfer of contraband from one prisoner to another.
Attorney/client interview booths should be provided at the central holding area. These
booths should be divided with appropriate security glazing to separate the parties. Attorneys
should not have to enter the holding areas to enter the conference booth. The booths should
have a paper pass to permit the signing of any documents.
Temporary holding cells for prisoners awaiting court appearances should conform to
appropriate state and American Correctional Association standards for lighting, ventilation,
heating, and cooling in short-term holding and detention facilities.
Lighting fixtures and ventilation registers should be secured in place to prevent their
removal and use as weapons. The cells should be equipped with vandal-resistant furniture.

It is extremely important that holding areas be soundproofed.
All prisoner areas should be accessible to persons with disabilities.
The holding cells should have solid ceilings.
XII. COURT FLOOR HOLDING AREAS
In larger courthouses, separate prisoner holding cells should be located adjacent to the
courtrooms in addition to the central holding facility located adjacent to the secured
prisoner entrance to the courthouse. These court floor holding facilities are best located
between pairs of courtrooms and serviced by a dedicated prisoner elevator that transports
prisoners to and from the central holding area or prisoner entrance.
The court floor holding area should consist of a security officer station, holding cells, and
entrance vestibule in front of the elevator, and, if possible, attorney/prisoner interview
booths. The security station need not be enclosed and should provide the security officer
with direct visibility to all areas.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR COURT SECURITY PAGE 8-11
XI
see and control all entrances and exits. The control station should be secured from
unauthorized entry and should include a dedicated staff toilet. Intercoms and CCTV.
cameras should be located at all doors.
All cells should have their own toilet facility, This eliminates the need for security officers
to escort prisoners to and from toilets. Drains are necessary in any cell with toilets. Drains
for sinks and toilets should be large enough so that they cannot be easily blocked. A
modesty panel should be provided around the cell toilets to maintain proper privacy.
Toilets and drains should be installed along a wall on the corridor side of the holding
facility or along an accessible service duct so that repairs can be made from the outside.
Sufficient transfer areas for moving in-custody individuals should be provided near the
sally port entrance as well as the secure elevators. Corridors should be wide enough to
ibit detainees from grabbing officers and to allow adequate two-way passage and
tthe transfer of contraband from one prisoner to another.
Attorney/client interview booths should be provided at the central holding area. These
booths should be divided with appropriate security glazing to separate the parties. Attorneys
should not have to enter the holding areas to enter the conference booth. The booths should
have a paper pass to permit the signing of any documents.
Temporary holding cells for prisoners awaiting court appearances should conform to
appropriate state and American Correctional Association standards for lighting, ventilation,
heating, and cooling in short-term holding and detention facilities.
Lighting fixtures and ventilation registers should be secured in place to prevent their
removal and use as weapons. The cells should be equipped with vandal-resistant furniture.
It is extremely important that holding areas be soundproofed.
All prisoner areas should be accessible to persons with disabilities.
The holding cells should have solid ceilings.
COURT FLOOR HOLDING AREAS
In larger courthouses, separate prisoner holding cells should be located adjacent to the
courtrooms in addition to the central holding facility located adjacent to the secured
prisoner entrance to the courthouse. These court floor holding facilities are best located
between pairs of courtrooms and serviced by a dedicated prisoner elevator that transports
prisoners to and from the central holding area or prisoner entrance.
The court floor holding area should consist of a security officer station, holding cells, and
entrance vestibule in front of the elevator, and, if possible, attorney/prisoner interview
booths. The security station need not be enclosed and should provide the security officer
with direct visibility to all areas,
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR COURT SECURITY PAGE 8-12
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Court Floor Holding Cell, Isle of Wight Courthouse
There should be separate holding cells for
men and women with sight and sound
separation. Also if juveniles are to be held
in a court floor holding area that may also
contain adults, sight and sound separation
needs to be maintained.
It is not unusual for in-custody defendants
to attempt to disrupt court proceedings by
shouting insults, using abusive language,
banging on walls, or flushing toilets. Such
noise from court floor-holding cells
disrupts court proceedings, causes
embarrassment, and intimidates witnesses
or jurors. It is critical that the holding area be soundproofed so that no sound from the
holding area is heard in the courtroom.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR COURT SECURITY PAGE 8-12
There should be separate holding cells for
men and women with sight and sound
separation. Also if juveniles are to be held
in a court floor holding area that may also
contain adults, sight and sound separation
needs to be maintained.
It is not unusual for in-custody defendants
to attempt to disrupt court proceedings by
shouting insults, using abusive language,
banging on walls, o flushing toilets. Such
noise from court floor-holding cells
disrupts court proceedings, causes
Court Floor Holaing Cel Isle of Wight Courthouse mfyarrassment, and intimidates witnesses
or jurors. It is critical that the holding area be soundproofed so that no sound from the
holding area is heard in the courtroom.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR ACCESSIBILITY AND ADA  PAGE 9-1
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
CHAPTER 9 -  PLANNING FOR ACCESSIBILITY AND ADA
Access to justice is a fundamental right that can only be guaranteed if courthouses are easily
accessible to all the public. Persons with disabilities must be provided convenient entry to the
courthouse and barrier-free access to all appropriate interior spaces. Courthouses, however,
present a special problem for persons with disabilities, because courthouses traditionally have
been designed and built to project an image of strength and dignity. Architectural elements such
as large columns, heavy doors, and grand staircases that have traditionally been used to convey a
reverence for the law impede accessibility.
The Americans with Disabilities Act (ADA) requires that people with disabilities be afforded
equal access to government buildings and services. All courthouses should comply with the
requirements of The Americans with Disabilities Act and all Commonwealth accessibility
requirements.
I. BACKGROUND
The laws on accessibility in public buildings such as courthouses were significantly
strengthened by the enactment of the Americans with Disabilities Act of 1990. The
Architectural Barriers Act of 1968 had mandated the removal of barriers in buildings and
facilities constructed or altered by the federal government or with federal funds after 1969
(or after 1977 in the case of leased facilities).
Section 504 of the Rehabilitation Act of 1973 prohibits recipients of federal financial
assistance from discriminating on the basis of handicap. This legislation also required
“program accessibility” in existing buildings. A program or activity “when viewed in its
entirety” must be “readily accessible to handicapped persons … through such means as
redesign of equipment or reassignment of classes or other services.” It mandated
accessibility to government services, but did not require the physical removal of existing
barriers. Recipients of federal aid were permitted to reschedule their services to make them
accessible to the handicapped. Amendments in 1978 extended the mandate to “programs
conducted by federal agencies,” as well as to recipients of federal funds.
On June 20, 1994, the Access Board published in the Federal Register an interim rule for
judicial facilities (Section 11) to ADAAG. On that same date, the Department of Justice and
the Department of Transportation published notices of proposed rulemaking to adopt
sections 11 through 14 as standards.
Most recently, the Department of Justice published revised regulations for Titles II and III
of the Americans with Disabilities Act of 1990 in the Federal Register on September 15,
2010.
II. FOR MORE INFORMATION
For information about the ADA, including the revised 2010 ADA regulations, visit the DOJ
website www.ada.gov;
http://www.ada.gov/
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR ACCESSIBILITY AND ADA. PAGE 9-1
CHAPTER 9 - PLANNING FOR ACCESSIBILITY AND ADA
Access to justice is a fundamental right that can only be guaranteed if courthouses are easily
accessible to all the public. Persons with disabilities must be provided convenient entry to the
courthouse and barrier-free access to all appropriate interior spaces. Courthouses, however,
present a special problem for persons with disabilities, because courthouses traditionally have
been designed and built to project an image of strength and dignity. Architectural elements such
as large columns, heavy doors, and grand staircases that have traditionally been used to convey a
reverence for the law impede accessibility.
‘The Americans with Disabilities Act (ADA) requires that people with disabilities be afforded
equal access to government buildings and services. All courthouses should comply with the
requirements of The Americans with Disabilities Act and all Commonwealth accessibility
requirements.
I. BACKGROUND
The laws on accessibility in public buildings such as courthouses were significantly
strengthened by the enactment of the Americans with Disabilities Act of 1990. The
Architectural Barriers Act of 1968 had mandated the removal of barriers in buildings and
facilities constructed or altered by the federal government or with federal funds after 1969
(or after 1977 in the case of leased facilities).
Section 504 of the Rehabilitation Act of 1973 prohibits recipients of federal financial
assistance from discriminating on the basis of handicap. This legislation also required
“program accessibility” in existing buildings. A program or activity “when viewed in its
entirety” must be “readily accessible to handicapped persons … through such means as
redesign of equipment or reassignment of classes or other services.” It mandated
accessibility to government services, but did not require the physical removal of existing
barriers. Recipients of federal aid were permitted to reschedule their services to make them
accessible to the handicapped. Amendments in 1978 extended the mandate to “programs
conducted by federal agencies,” as well as to recipients of federal funds.
On June 20, 1994, the Access Board published in the Federal Register an interim rule for
judicial facilities (Section 11) to ADAAG. On that same date, the Department of Justice and
the Department of Transportation published notices of proposed rulemaking to adopt
sections 11 through 14 as standards.
Most recently, the Department of Justice published revised regulations for Titles II and III
of the Americans with Disabilities Act of 1990 in the Federal Register on September 15,
2010.
I. FOR MORE INFORMATION
For information about the ADA, including the revised 2010 ADA regulations, visit the DOJ
website www.ada.gov;
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR ACCESSIBILITY AND ADA  PAGE 9-2
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Courtesy of HOK Architects and Engineers.
Wheelchair Accessible Courtroom
W itness Clerk
Jury
Box
Private Corridor
Secure
Holdin
Public Corridor
Vestibule
W heelchair
Locati on
W heelchair
T urni ng Circle
Lectern
Attorney Tables
Bailiff
Judge
up
Storage Storage
up up
Reporter
The final report of the Access Board on Courthouse Accessibility can be found at the
following website: http://www.access-board.gov/guidelines-and-standards/buildings-and-
sites/about-the-ada-standards/ada-standards/single-file-version#a4.
The following is a brief summary of some of the standards pertaining to judicial facilities.
This is not intended to be an exhaustive discussion of accessibility standards, but should
serve to provide general guidance concerning some of the major requirements.
III. COURTROOMS
The leading issue in designing accessible courthouses is wheelchair access to raised areas
such as jury boxes, witness stands, and judges’ benches. The ADA requires that all public
areas of the courtroom (public seating, witness stand, attorney tables, jury box, court
reporter stations, and bailiff location) must be located on an accessible route and
accommodate a wheelchair.
Areas that are accessed by ramps or platform lifts shall provide unobstructed turning space.
Vertical access to a raised judge’s bench or courtroom Clerks’ workstation need not be
installed immediately, provided that the areas maneuvering spaces, and, if appropriate,
electrical service are installed at the time of initial construction to permit future installation
of either ramps or lifts without requiring substantial reconstruction of the space.
While the Access Board generally discourages
the use of platform lifts they are allowed in
courtrooms and have become a common means
of providing access to witness stands and
judges’ benches. Common issues, however,
include platform deflection and downward
settlement; interlock malfunctions; and
operation requiring assistance such as the
removal of steps, platforms or millwork.
Ramps often are preferred for a number of
reasons. While ramps may take up more space,
they generally cost less than lifts and are easily
constructed. Ramps require minimal
maintenance and require railings only if the
level change is greater than 6 inches. No power
source is required, nor are mechanical parts that
can malfunction involved. Most importantly,
ramps permit all users, including people who
use wheelchairs, to use the element
independently, with no disruption to court
proceedings. Ramps are always useable in case
of emergency evacuation, and require no
assistance.
http://www.access-board.gov/guidelines-and-standards/buildings-and-sites/about-the-ada-standards/ada-standards/single-file-version#a4
http://www.access-board.gov/guidelines-and-standards/buildings-and-sites/about-the-ada-standards/ada-standards/single-file-version#a4
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR ACCESSIBILITY AND ADA. PAGE 9-2
i.
The final report of the Access Board on Courthouse Accessibility can be found at the
following website: http://www.access-board.gov/guidelines-and-standards/buildings-and-
sites/about-the-ada-standards/ada-standards/single-file-versioni#a4.
‘The following is a brief summary of some of the standards pertaining to judicial facilities.
This is not intended to be an exhaustive discussion of accessibility standards, but should
serve to provide general guidance concerning some of the major requirements.
COURTROOMS
The leading issue in designing accessible courthouses is wheelchair access to raised areas
such as jury boxes, witness stands, and judges’ benches. The ADA requires that all public
areas of the courtroom (public seating, witness stand, attorney tables, jury box, court
reporter stations, and bailiff location) must be located on an accessible route and
accommodate a wheelchair.
‘Areas that are accessed by ramps or platform lifts shall provide unobstructed turning space.
Vertical access to a raised judge’s bench or courtroom Clerks’ workstation need not be
installed immediately, provided that the areas maneuvering spaces, and, if appropriate,
electrical service are installed at the time of initial construction to permit future installation
of either ramps or lifts without requiring substantial reconstruction of the space.
While the Access Board generally discourages rat ne
the use of platform lifts they are allowed in
courtrooms and have become a common means
of providing access to witness stands and
judges’ benches. Common issues, however,
include platform deflection and downward
settlement; interlock malfunctions; and
operation requiring assistance such as the
removal of steps, platforms or millwork.
Ramps often are preferred for a number of
reasons. While ramps may take up more space,
they generally cost less than lifts and are casily
constructed. Ramps require minimal
maintenance and require railings only if the
level change is greater than 6 inches. No power i-~
source is required, nor are mechanical parts that
can malfunction involved. Most importantly,
ramps permit all users, including people who
use wheelchairs, to use the element - ;
independently, with no disruption to court Wheelchair Accessible Courtroom
proceedings, Ramps are always useable in case Courtesy of HOK Architects and Engineers
of emergency evacuation, and require no
assistance.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR ACCESSIBILITY AND ADA  PAGE 9-3
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
The following are the minimum requirements for ramps that are utilized as part of an
accessible route:
 Ramps must be permanent, not pull-out, flip-down or removable.
 Ramps must provide a minimum clear width of 36 inches between handrails.
 Landings where ramps change directions must have a minimum dimension of 60
inches x 60 inches.
 If a door is located at the top or bottom of a ramp, the landing must be large
enough for adequate maneuvering clearances at the door. If the door swings back
over the landing, there must be adequate landing space to back up to clear the
door swing.
 Raised platforms accessed by ramps must have a turning space to allow an
individual to turn around to go down the ramp.
 Ramps must have a maximum slope of 1:12.
 Ramp runs and landings with drop-offs must have edge protection, such as a curb,
barrier, or extended surface as specified in the guidelines.
 Ramps with a rise of greater than 6 inches need handrails. Handrails must be
located along both sides of a ramp at a height above the ramp surface of 34 inches
to 38 inches measured to the top of the handrail.
 Most model building codes require a guard where there is a drop-off of more than
30 inches. If the ramp or landing has such a drop-off along any side, it must also
have a guard at that location in addition to handrails. The minimum height of a
guard is 42 inches with maximum openings of 4 inches.
A. Recommendations for Best Practice
Ramps should not be located where
they will be a tripping hazard for
other circulation routes through the
space.
Ramps should not be located where
they will block the means of egress,
including maneuvering clearances at
doors.
Ramps should be located along the
same path of travel as provided for the
general population.
Electronic Lift at Judge’s Bench, Isle of Wight
Courthouse
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR ACCESSIBILITY AND ADA. PAGE 9-3
The following are the minimum requirements for ramps that are utilized as part of an
accessible route:
= Ramps must be permanent, not pull-out, flip-down or removable.
= Ramps must provide a minimum clear width of 36 inches between handrails.
= Landings where ramps change directions must have a minimum dimension of 60
inches x 60 inches.
= Ifa door is located at the top or bottom of a ramp, the landing must be large
enough for adequate maneuvering clearances at the door. If the door swings back
over the landing, there must be adequate landing space to back up to clear the
door swing
= Raised platforms accessed by ramps must have a turning space to allow an
individual to turn around to go down the ramp.
= Ramps must have a maximum slope of 1:12.
= Ramp runs and landings with drop-off must have edge protection, such as a curb,
barrier, or extended surface as specified in the guidelines.
= Ramps with a rise of greater than 6 inches need handrails. Handrails must be
located along both sides of a ramp at a height above the ramp surface of 34 inches
to 38 inches measured to the top of the handrail.

Most model building codes require a guard where there is a drop-off of more than
30 inches. If the ramp or landing has such a drop-off along any side, it must also
have a guard at that location in addition to handrails. The minimum height of a
guard is 42 inches with maximum openings of 4 inches.

A. Recommendations for Best Practice
Ramps should not be located where
they will be a tripping hazard for
other circulation routes through the
space.
Ramps should not be located where
they will block the means of egress,
including maneuvering clearances at
doors.
Ramps should be located along the
same path of travel as provided for the Electronic Lift at Judge’s Bench, Isle of Wight
general population. Courthouse
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR ACCESSIBILITY AND ADA  PAGE 9-4
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
When ramps are exterior, they should be located or designed to limit the
accumulation of water, ice and snow.
When ramps lead to doors that may be locked, a turning space should be provided at
the door to allow someone to turn around if they cannot enter. This is also advisable
at exterior doors because the force to open the door may be too high for some people
with disabilities to operate.
Although ramps with a rise of 6 inches or less are not required to have handrails,
where possible, handrails to provide stability for people with ambulatory impairments
are recommended for all ramps.
B. Public Seating / Gallery
The public seating area of the courtroom is treated as an assembly area and must
include wheelchair seating space. Also all courtrooms must be equipped with
assistive listening devices.
C. Jury Boxes and Witness Stands
All jury boxes and witness stands are required to be fully accessible. Section 808.3
requires that each jury box and witness stand should be large enough to accommodate
a wheelchair within its defined area. In alterations, the wheelchair spaces may be
located outside the defined area of the jury box or witness stand, if the ramp or lift
access poses a hazard to any required egress from the courtroom.
A simple solution to both jury box and witness accessibility is to place the first tier of
the jury box and the witness stand at floor level, thus eliminating the need for ramps
or lifts at these locations. Care needs to be exercised, however, to ensure that this
does not interfere with proper sightlines within the courtroom. Depending on the
location of the witness stand, lowering it to floor level may partially obstruct the view
of the witness by attorneys or some jurors.
D. Judges’ Benches and Courtroom Workstations
Judges’ benches and workstations for clerks and other court personnel must be
accessible. The ADA and ABA guidelines provide an exception for vertical access to
judges’ benches and raised employee stations. Under this exception, it is not required
to provide vertical access at the time of construction provided that clear floor space,
maneuvering space, and electrical service for lifts are provided at the time of initial
construction for later installation of lifts for ramps.
A preferred practice for vertical access to judges’ benches is locating ramps or lifts
outside the courtroom or at least out of view from the well and public gallery.
Further, for purposes of emergency or security evacuation, as well as ease of
independent operation, judges may prefer ramp access.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR ACCESSIBILITY AND ADA. PAGE 9-4
When ramps are exterior, they should be located or designed to limit the
accumulation of water, ice and snow.
When ramps lead to doors that may be locked, a turning space should be provided at
the door to allow someone to turn around if they cannot enter. This is also advisable
at exterior doors because the force to open the door may be too high for some people
with disabilities to operate.
Although ramps with a rise of 6 inches or less are not required to have handrails,
where possible, handrails to provide stability for people with ambulatory impairments
are recommended for all ramps.
Public Seating / Gallery
The public seating area of the courtroom is treated as an assembly area and must
include wheelchair seating space. Also all courtrooms must be equipped with
assistive listening devices.
Jury Boxes and Witness Stands
A\ll jury boxes and witness stands are required to be fully accessible. Section 808.3
requires that each jury box and witness stand should be large enough to accommodate
a wheelchair within its defined area. In alterations, the wheelchair spaces may be
located outside the defined area of the jury box or witness stand, if the ramp or lift
access poses a hazard to any required egress from the courtroom,
‘A simple solution to both jury box and witness accessibility is to place the first tier of
the jury box and the witness stand at floor level, thus eliminating the need for ramps
or lifis at these locations. Care needs to be exercised, however, to ensure that this
does not interfere with proper sightlines within the courtroom, Depending on the
location of the witness stand, lowering it to floor level may partially obstruct the view
of the witness by attorneys or some jurors.
Judges’ Benches and Courtroom Workstations
Judges’ benches and workstations for clerks and other court personnel must be
accessible. The ADA and ABA guidelines provide an exception for vertical access to
judges’ benches and raised employee stations. Under this exception, it is not required
to provide vertical access at the time of construction provided that clear floor space,
maneuvering space, and electrical service for lifts are provided at the time of initial
construction for later installation of lifts for ramps.
‘A preferred practice for vertical access to judges’ benches is locating ramps or lifts
outside the courtroom or at least out of view from the well and public gallery.
Further, for purposes of emergency or security evacuation, as well as ease of
independent operation, judges may prefer ramp access.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR ACCESSIBILITY AND ADA  PAGE 9-5
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
E. Court Reporter Station
The court reporter’s station must be accessible with adequate access to the work area
and maneuvering room.
F. Attorney Tables
The counsel tables must be accessible with adequate maneuvering room behind the
table. Microphones should be movable and have a long neck.
IV. JURY ASSEMBLY AREAS
If provided, the jury assembly area shall be on an accessible route from the main public
entrance and provide a minimum of 5% wheelchair accessible spaces at any fixed or built-
in seating or tables. Refreshment areas, kitchenettes and fixed or built-in refreshment
dispensers are to be fully accessible. If fixed seating is used, the number of accessible
wheelchair spaces, location, and dispersal must comply with those requirements for
assembly areas included in the ADA Accessibility Guidelines.
V. JURY DELIBERATION AREAS
Jury deliberation rooms shall accommodate at least one accessible wheelchair space at built
in seating and tables. Other requirements are identical to those required for the jury
assembly room. Refreshment area, kitchenette, and toilets must be accessible.
A. Assistive Listening Systems
Permanently installed assistive listening systems shall be provided in each courtroom.
The minimum number of receivers shall be four percent of the room occupant load, as
determined by applicable State or local codes, but not less than two receivers. An
informational sign indicating the availability of an assistive listening system must be
posted in a prominent place.
Where an instructional or orientation video is shown provisions must be made for the
visually impaired.
Fifty percent of each type of jury deliberation room shall have a permanently installed
assistive listening system. A portable assistive listening system may be used in the
remaining deliberation rooms. From an operational point of view, it may be easier
and more efficient to make every deliberation room fully accessible than to rely on
moving equipment to and from different rooms and it may not be feasible to have
jurors make use of alternative jury rooms to accommodate handicapped jurors.
B. Courthouse Holding Facilities
Where separate central holding cells or court floor holding cells are provided for adult
male, juvenile male, adult female or juvenile female, one of each type at each location
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR ACCESSIBILITY AND ADA. PAGE 9-5
E. Court Reporter Station
The court reporter’s station must be accessible with adequate access to the work area
and maneuvering room.
F. Attorney Tables
The counsel tables must be accessible with adequate maneuvering room behind the
table. Microphones should be movable and have a long neck.
IV. JURY ASSEMBLY AREAS
If provided, the jury assembly area shall be on an accessible route from the main public
entrance and provide a minimum of 5% wheelchair accessible spaces at any fixed or built-
in seating or tables. Refreshment areas, kitchenettes and fixed or built-in refreshment
dispensers are to be fully accessible. If fixed seating is used, the number of accessible
wheelchair spaces, location, and dispersal must comply with those requirements for
assembly areas included in the ADA Accessibility Guidelines.
Vv. JURY DELIBERATION AREAS
Jury deliberation rooms shall accommodate at least one accessible wheelchair space at built
in seating and tables. Other requirements are identical to those required for the jury
assembly room, Refreshment area, kitchenette, and toilets must be accessible.
A. Assistive Listening Systems
Permanently installed assistive listening systems shall be provided in each courtroom.
The minimum number of receivers shall be four percent of the room occupant load, as
determined by applicable State or local codes, but not less than two receivers. An
informational sign indicating the availability of an assistive listening system must be
posted in a prominent place.
Where an instructional or orientation video is shown provisions must be made for the
visually impaired.
Fifty percent of each type of jury deliberation room shall have a permanently installed
assistive listening system. A portable assistive listening system may be used in the
remaining deliberation rooms. From an operational point of view, it may be easier
and more efficient to make every deliberation room fully accessible than to rely on
moving equipment to and from different rooms and it may not be feasible to have
jurors make use of alternative jury rooms to accommodate handicapped jurors.
B. Courthouse Holding Facilities
Where separate central holding cells or court floor holding cells are provided for adult
male, juvenile male, adult female or juvenile female, one of each type at each location
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

PLANNING FOR ACCESSIBILITY AND ADA  PAGE 9-6
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
must be accessible. Where central-holding cells are provided, which are not separated
by age or sex, at least one cell shall be accessible.
Each accessible cell shall provide an accessible turning space, doors, toilets,
lavatories; grab bars, and drinking fountain. An exception is allowed for doors
operated only by security personnel.
C. Other Courthouse Areas
 Parking spaces – Designation of handicapped parking.
 Entrances to buildings – Use of ramps.
 Elevators – Use of Braille lettering and audio recordings for identification.
 Restrooms – Design of lavatories and toilets.
 Drinking fountains – Lower height.
 Entrance doors to all offices – use of wide doors with lever type door handles.
 Clerks counters and public access computer terminals – Lower counter height.
 Records room – Increased space between aisles and entrances.
 Public telephone – wheelchair accessible
VIRGINIA COURTHOUSE FACILITY GUIDELINES
PLANNING FOR ACCESSIBILITY AND ADA. PAGE 9-6
must be accessible, Where central-holding cells are provided, which are not separated
by age or sex, at least one cell shall be accessible.
Each accessible cell shall provide an accessible turning space, doors, toilets,
lavatories; grab bars, and drinking fountain. An exception is allowed for doors
operated only by security personnel.
C. Other Courthouse Areas
= Parking spaces ~ Designation of handicapped parking.
= Entrances to buildings — Use of ramps.
= Elevators — Use of Braille lettering and audio recordings for identification.


Restrooms ~ Design of lavatories and toilets.


Drinking fountains ~ Lower height.


= Entrance doors to all offices — use of wide doors with lever type door handles.

Clerks counters and public access computer terminals ~ Lower counter height.

= Records room — Increased space between aisles and entrances.

Public telephone — wheelchair accessible

Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 213
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-1
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
CHAPTER 10 -  COURTHOUSE COMPONENTS
I. COURTROOMS
The courtroom is the focal point of courthouse activity and provides the setting for
conducting most legal proceedings. In varying numbers and combinations the following
participants may be involved in, or present during, courtroom proceedings: judge, jurors,
bailiff or deputy sheriff, court reporter, clerk, attorneys, litigants, witnesses, probation
personnel, media representatives, and spectators. Courtroom design must accommodate the
particular needs of each participant while facilitating the flow of proceedings within the
courtroom. When combined, the individual elements of courtroom design should blend to
produce a dignified, functional space conducive to court proceedings.
II. GENERAL DESIGN CRITERIA
Each courtroom should be designed and furnished to create a dignified yet functional
setting for the matters to be conducted in the courtroom. The symbolism attached to a
courtroom as a hall of justice requires that care be given to the design and furnishings of
each courtroom. The final product will vary depending on the type of court. Circuit court
courtrooms require jury boxes; district court courtrooms do not. Juvenile and domestic
relations district court courtrooms have less need for spectator seating than do general
district and circuit court courtrooms. In all cases, however, the importance of the
appearance of the courtroom to the public should not be overlooked. Certain common
elements should be incorporated into the plans of all courtrooms.
A. Size and Shape
Courtroom shape and size should be determined by the anticipated use of the
courtroom and in consultation with the judges. The traditional shape of a courtroom is
rectangular and can be divided into two areas: the public gallery (spectator) and the
litigation well.
Most courthouses require at least one large courtroom, perhaps capable of holding
100 or more spectators, to accommodate ceremonial functions, public and civic
meetings, large motions calendars, or docket calls. Where two or more courtrooms
are required, the second and subsequent courtrooms may be smaller, depending upon
their projected use. The present and future demands on the courts should be taken into
account when planning both the size and shape of the courtrooms.
Type of Courtroom Public Seating Area (Sq. Ft.)
Hearing room 20 persons 1,040
Standard General District 60 persons 1,200 – 1,400
Large General District 150 persons 2,000 –2,200
Standard J & DR 30 persons 1,000 – 1,200
Large J&DR 60 persons 1,200 – 1,400
Standard Circuit 60 persons 1,400 – 1,600
Large Circuit 100 persons 2,000 – 2,200
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-1
CHAPTER 10 - COURTHOUSE COMPONENTS
I.
COURTROOMS
The courtroom is the focal point of courthouse activity and provides the setting for
conducting most legal proceedings. In varying numbers and combinations the following
participants may be involved in, or present during, courtroom proceedings: judge, jurors,
bailiff or deputy sheriff, court reporter, clerk, attorneys, litigants, witnesses, probation
personnel, media representatives, and spectators. Courtroom design must accommodate the
particular needs of each participant while facilitating the flow of proceedings within the
courtroom, When combined, the individual elements of courtroom design should blend to
produce a dignified, functional space conducive to court proceedings.
GENERAL DESIGN CRITERIA
Each courtroom should be designed and furnished to create a dignified yet functional
setting for the matters to be conducted in the courtroom. The symbolism attached to a
courtroom as a hall of justice requires that care be given to the design and furnishings of
each courtroom. The final product will vary depending on the type of court. Circuit court
courtrooms require jury boxes; district court courtrooms do not. Juvenile and domestic
relations district court courtrooms have less need for spectator seating than do general
district and circuit court courtrooms. In all cases, however, the importance of the
appearance of the courtroom to the public should not be overlooked. Certain common
elements should be incorporated into the plans of all courtrooms.
A. Size and Shape
Courtroom shape and size should be determined by the anticipated use of the
courtroom and in consultation with the judges. The traditional shape of a courtroom is
rectangular and can be divided into two areas: the public gallery (spectator) and the
litigation well.
Most courthouses require at least one large courtroom, perhaps capable of holding
100 or more spectators, to accommodate ceremonial functions, public and civic
meetings, large motions calendars, or docket calls. Where two or more courtrooms
are required, the second and subsequent courtrooms may be smaller, depending upon
their projected use. The present and future demands on the courts should be taken into
account when planning both the size and shape of the courtrooms.
Hearing room 20 persons 1,040
Standard General District 60 persons 1,200 — 1,400
Large General District 150 persons 2,000 —2,200
Standard J & DR 30 persons 1,000 1,200
Large J&DR 60 persons 1,200— 1,400
Standard Circuit 60 persons 1,400 — 1,600
Large Circuit 100 persons 2,000 = 2.200
Office of the Executive Secretary ‘Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-2
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Colonial Heights Courthouse, General District Courtroom
with center bench
Fairfax County J&DR Courtroom with corner bench
B. Location of Bench
The judge should be able to clearly
view the entire courtroom and all of
its occupants. Generally, all
participants within the litigation area
should have a clear unobstructed
view of each other. It is particularly
important that jurors have a clear
view of the witnesses, defendant,
judge, and attorneys.
The traditional arrangement is to
have the bench centered on the back
wall of the courtroom. Most judges
prefer this arrangement because of its prominent location and the view that it provides
of the courtroom. An alternative location is in the corner. The corner bench
arrangement generally provides better sightlines for courtroom participants and
makes more efficient use of space.
C. Number and Size of Courtrooms
The number of courtrooms required will depend upon a number of factors, including
the size of the court’s caseload, the types of cases, the scheduling practices of the
court, and the number of judges. While it is possible to provide some general
guidelines regarding the number of courtrooms, the exact number and size of
courtrooms that are required will need to be determined during the programming
phase of the project.
Generally, most communities will
want to have separate courtrooms for
their circuit, general district, and
juvenile and domestic relations
district courts. In small counties
(cities) where cases are scheduled for
only one or two days each week
courts may be able to share
courtrooms. This most commonly
occurs with the general district and
the J&DR district courts.
Circuit courtrooms must handle both jury and non-jury cases, involving all types of
matters, including divorce, criminal, and civil. To accommodate this wide variety of
needs, each courthouse should have at least one large jury circuit courtroom, capable
of seating approximately 100 spectators that can also be used for jury assembly and
selection, ceremonial purposes, and other public functions. If additional circuit
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-2
B.
Location of Bench
The judge should be able to clearly
view the entire courtroom and all of
its occupants. Generally, all
participants within the litigation area
should have a clear unobstructed
view of each other. It is particularly
important that jurors have a clear
view of the witnesses, defendant,
judge, and attorneys.
The traditional arrangement is to Colonial Heights Courthouse, General District Courtroom
have the bench centered on the back with center bench
wall of the courtroom. Most judges
prefer this arrangement because of its prominent location and the view that it provides
of the courtroom. An alternative location is in the corner. The corner bench
arrangement generally provides better sightlines for courtroom participants and
makes more efficient use of space.
C. Number and Size of Courtrooms
The number of courtrooms required will depend upon a number of factors, including
the size of the court’s caseload, the types of cases, the scheduling practices of the
court, and the number of judges. While it is possible to provide some general
guidelines regarding the number of courtrooms, the exact number and size of
courtrooms that are required will nced to be determined during the programming
phase of the project.
Generally, most communities will
want to have separate courtrooms for
their circuit, general district, and
juvenile and domestic relations
district courts. In small counties
(cities) where cases are scheduled for
only one or two days each week
courts may be able to share
courtrooms. This most commonly
occurs with the general district and BFart County JOR Courtenr wit comer bench
the J&DR district courts.
Circuit courtrooms must handle both jury and non-jury cases, involving all types of
matters, including divorce, criminal, and civil. To accommodate this wide variety of
needs, each courthouse should have at least one large jury circuit courtroom, capable
of seating approximately 100 spectators that can also be used for jury assembly and
selection, ceremonial purposes, and other public functions. If additional circuit
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-3
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
courtrooms are needed, medium-sized courtrooms may be adequate, depending upon
their projected use.
General district courts, because of their high volume caseloads (traffic and
misdemeanor), will require a large non-jury courtroom capable of seating 100-150
persons. In multi-judge courts the second courtroom may be somewhat smaller,
depending upon the court’s calendar and scheduling practices. Also, some smaller
rural communities may require only a medium-sized, non-jury courtroom for its
general district court. Again, these are issues that are normally decided during the
master planning or programming phases of the project.
Juvenile and domestic relations (J & DR) district courts may be smaller than other
courtrooms.  While certain delinquency cases and cases involving adults are open to
the public, most juvenile hearings are not open to the public.  The general practice
among J&DR courts around the state is to include in the courtroom only the
immediate participants in the case and to have everyone else wait outside the
courtroom. For most J&DR courtrooms capacity to seat 25-30 persons in the public
seating area would be sufficient. Consequently, J&DR courtrooms require more
public seating outside the courtroom than do the other courts.
The following space guidelines give approximate seating and space requirements for
a variety of courtroom types:
 Courtroom design must include separate work areas for all participants and
provide adequate circulation for participants within the litigation area.
 Court proceedings will progress more smoothly if participants have sufficient
workspace suited to their particular needs. Properly designed and furnished
workspaces allow individuals to perform their tasks more easily and with less
distraction to others in the court.
 Courtrooms should be easily accessible to the public. In all courtrooms, the public
should enter through a single public entrance vestibule and the judge and court
staff should be able to enter the courtroom by means of a private entrance at the
back of the courtroom from a private corridor. In-custody defendants should enter
directly from a secure holding area adjacent to the courtroom. When entering the
courtroom, prisoners and defendants should not be escorted near the judge, the
public, jurors, or witnesses. Prisoners should enter the courtroom from the
opposite side of the courtroom from the jury. Likewise, jurors should not have to
pass near the defendant or the public when entering or exiting the courtroom.
Jurors should be able to exit the courtroom immediately from the jury box and
enter the deliberation room.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-3
courtrooms are needed, medium-sized courtrooms may be adequate, depending upon
their projected use.
General district courts, because of their high volume caseloads (traffic and
misdemeanor), will require a large non-jury courtroom capable of seating 100-150
persons. In multi-judge courts the second courtroom may be somewhat smaller,
depending upon the court’s calendar and scheduling practices. Also, some smaller
rural communities may require only a medium-sized, non-jury courtroom for its
general district court. Again, these are issues that are normally decided during the
master planning or programming phases of the project,
Juvenile and domestic relations (J & DR) district courts may be smaller than other
courtrooms. While certain delinquency cases and cases involving adults are open to
the public, most juvenile hearings are not open to the public. The general practice
among J&DR courts around the state is to include in the courtroom only the
immediate participants in the case and to have everyone else wait outside the
courtroom. For most J&DR courtrooms capacity to seat 25-30 persons in the public
seating area would be sufficient. Consequently, J&DR courtrooms require more
public seating outside the courtroom than do the other courts.
The following space guidelines give approximate seating and space requirements for
a variety of courtroom types:

Courtroom design must include separate work areas for all participants and
provide adequate circulation for participants within the litigation area.

= Court proceedings will progress more smoothly if participants have sufficient
workspace suited to their particular needs. Properly designed and furnished
workspaces allow individuals to perform their tasks more easily and with less
distraction to others in the court.
= Courtrooms should be easily accessible to the public. In all courtrooms, the public
should enter through a single public entrance vestibule and the judge and court
staff should be able to enter the courtroom by means of a private entrance at the
back of the courtroom from a private corridor. In-custody defendants should enter
directly from a secure holding area adjacent to the courtroom. When entering the
courtroom, prisoners and defendants should not be escorted near the judge, the
public, jurors, or witnesses. Prisoners should enter the courtroom from the
opposite side of the courtroom from the jury. Likewise, jurors should not have to
pass near the defendant or the public when entering or exiting the courtroom.
Jurors should be able to exit the courtroom immediately from the jury box and
enter the deliberation room.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-4
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
D. Environmental Controls
Each courtroom should be equipped with controls accessible by court staff for the
heating, cooling, ventilation, and lighting systems for the courtroom.
Maintaining suitable environmental conditions within the courtroom is important. A
courtroom that is too hot or too cold can adversely affect the participants. The ability
to regulate the heating, cooling, and ventilation will help maintain a proper
atmosphere within the courtroom.
Similarly, courtroom lighting should be controlled by court staff and be located where
they are easily accessible by court personnel. Keeping these controls within the reach
of court personnel also prevents distractions or problems caused by intentional or
accidental contact with the controls by others in the courtroom.
E. Acoustics
Courtrooms should be designed with superior
acoustics within the courtroom and large
courtrooms should include a public address system.
Courtrooms should be designed to enhance the
acoustics within the well, that area occupied by the
judge, jury, witnesses and litigants. Features such
as soundproofing between courtroom and
surrounding spaces (particularly holding cells),
double door entry ways from public corridors, and
carpeting help to reduce the extraneous noise
within the courtroom. Larger courtrooms,
particularly those in general district courts should
be equipped with a public address system.
F. Technology
Courtrooms are forums for the presentation of
evidence, and judges, court staff, and attorneys need access to audio/visual
equipment, computers, communication devices, and information databases. The
following are among the different technologies that need to be incorporated into a
modern courtroom:
 Large flat panel video display monitors to view evidence displays and remote
witness testimony;
 Electronic evidence display system,
 VCR/DVD Player;
Courtesy of HOK
Acoustical Characteristics
Litigation
Area
Absorptive Surface
Reflective Surface
Moderate Sound Absorption
High Sound Absorption Area
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-4
D.
Environmental Controls
Each courtroom should be equipped with controls accessible by court staff for the
heating, cooling, ventilation, and lighting systems for the courtroom.
Maintaining suitable environmental conditions within the courtroom is important. A
courtroom that is too hot or too cold can adversely affect the participants. The ability
to regulate the heating, cooling, and ventilation will help maintain a proper
atmosphere within the courtroom.
Similarly, courtroom lighting should be controlled by court staff and be located where
they are easily accessible by court personnel. Keeping these controls within the reach
of court personnel also prevents distractions or problems caused by intentional or
accidental contact with the controls by others in the courtroom.
. Reflective Surface
Acoustics
Courtrooms should be designed with superior
acoustics within the courtroom and large
courtrooms should include a public address system.
Courtrooms should be designed to enhance the
acoustics within the well, that area occupied by the
judge, jury, witnesses and litigants. Features such
as soundproofing between courtroom and
surrounding spaces (particularly holding cells),
double door entry ways from public corridors, and
carpeting help to reduce the extraneous noise
within the courtroom. Larger courtrooms,
particularly those in general district courts should
be equipped with a public address system. aden tend tect
‘Absorptive Surface
on sound sone
Technol - scti
cenmology Acoustical Characteristics
Courtesy of HOK
Courtrooms are forums for the presentation of
evidence, and judges, court staff, and attorneys need access to audio/visual
equipment, computers, communication devices, and information databases. The
following are among the different technologies that need to be incorporated into a
modern courtroom:
= Large flat panel video display monitors to view evidence displays and remote
witness testimony;
= Electronic evidence display system,
= VCR/DVD Player;
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-5
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
 Real-time transcription capability;
 Audio recording and playback systems;
 Video recording system (optional);
 Teleconferencing;
 Video conferencing for remote testimony, expert witness testimony, arraignments,
and preliminary hearings;
 Document scanners;
 Laser and color printers;
 Facsimile machine;
 Light pens for marking video screens;
 Desktop personal computers;
 Notebook and tablet computers;
 Assistive listening devices;
 Audio enhancement equipment;
 Interpreting services;
 CCTV security surveillance cameras;
 Security and duress alarms.
G. Video Conferencing
Courtroom design should
anticipate the need to incorporate
video conferencing capabilities in
the courtroom.
Each type of courtroom has
different needs for video
conferencing within the
courtroom and should be
equipped with a video
conferencing system for the
purpose of viewing remote witness testimony, including expert and child witnesses,
conducting video arraignments, and other types of remote hearings and conferences.
Video Arraignment System
Courthouse
Jail
Defendant
Telecommunications
Link
Defense Prosecution
Courtroom
Arraignment
Room
Video Monitor
Camera
Above
Microphone
Speaker
Telephone Handset
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-5

Real-time transcription capability;
= Audio recording and playback systems;


Video recording system (optional);


Teleconferencing;



Video conferencing for remote testimony, expert witness testimony, arraignments,
and preliminary hearings;


Document scanners;


= Laser and color printers;
= Facsimile machine;
= Light pens for marking video screens;
= Desktop personal computers;


Notebook and tablet computers;


Assistive listening devices;


Audio enhancement equipment;


= Interpreting services;
= CCTV security surveillance cameras;
= Security and duress alarms.
G. Video Conferencing cma
Courtroom design should
anticipate the need to incorporate
video conferencing capabilities in
the courtroom.
Each type of courtroom has
different needs for video
conferencing within the ate
courtroom and should be read
equipped with a video Coton =
conferencing system for the Video Arraignment System
purpose of viewing remote witness testimony, including expert and child witnesses,
conducting video arraignments, and other types of remote hearings and conferences,
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-6
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Microphones need to be located at the bench, clerk’s workstation, and witness stand,
lectern, and attorney tables. Controls should be located at the clerk’s station or
judge’s bench.
District courtrooms should have audio recording and playback equipment available,
as well as video arraignment equipment installed. This requires video and audio
communication between a prisoner at the jail and persons in the courtroom, including
the judge, defense attorney, Commonwealth Attorney, and clerk. Controls should be
located at the judge’s bench or clerk’s workstation. Each participant requires a video
monitor, camera, microphone and speaker. A video recording capability for the
preparation of a combined audio and video record of the proceeding would be
optional.
A facsimile machine at both ends of the video link may be used to transmit
paperwork with signatures, and telephones permit attorneys to speak privately with
their clients at the jail. An alternative configuration would be to use scanners and to
transmit documents (with signatures) via e-mail.
H. Sound Reinforcement and Audio Recording Systems
All courtrooms over 1,000 square feet need audio amplification to permit the judge,
jurors, litigants, and public spectators to hear clearly and understand the participants.
Sound reinforcement systems consist of microphones, electronic mixers, signal
processors, amplifiers and speakers. The sound system should be designed to operate
automatically with automatic mixers controlling microphones (turning on
microphones, which are being spoken into). Microphone switches should be provided
at each microphone, which will function as Off-Auto. Automatic volume controllers
should be used to help compensate for variations in voice levels and microphone
distances. Systems should also be provided with electronics equalization to
compensate for the acoustic properties of the finished courtrooms, speakers, and
microphones. The master controls should be located at the clerk’s station, or judge’s
bench, and should include a power switch, master volume control, and override
controls.
When audio amplification is used in courtrooms, soft acoustic surfaces should be
installed instead of hard surfaces.
Cables run over carpeted floors are not only unsightly, they also pose a sfety hazard.
Planning sufficient convenient locations for audio jacks for public address systems,
audio recording, and video equipment will keep the courtroom functional and
uncluttered.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-6
Microphones need to be located at the bench, clerk’s workstation, and witness stand,
lectern, and attorney tables. Controls should be located at the clerk’s station or
judge’s bench.
District courtrooms should have audio recording and playback equipment available,
as well as video arraignment equipment installed. This requires video and audio
communication between a prisoner at the jail and persons in the courtroom, including
the judge, defense attorney, Commonwealth Attorney, and clerk. Controls should be
located at the judge’s bench or clerk’s workstation. Each participant requires a video
monitor, camera, microphone and speaker. A video recording capability for the
preparation of a combined audio and video record of the proceeding would be
optional.
A facsimile machine at both ends of the video link may be used to transmit
paperwork with signatures, and telephones permit attorneys to speak privately with
their clients at the jail. An alternative configuration would be to use scanners and to
transmit documents (with signatures) via e-mail.
Sound Reinforcement and Audio Recording Systems
All courtrooms over 1,000 square feet need audio amplification to permit the judge,
jurors, litigants, and public spectators to hear clearly and understand the participants.
Sound reinforcement systems consist of microphones, electronic mixers, signal
processors, amplifiers and speakers. The sound system should be designed to operate
automatically with automatic mixers controlling microphones (turning on
microphones, which are being spoken into). Microphone switches should be provided
at each microphone, which will function as Off-Auto. Automatic volume controllers
should be used to help compensate for variations in voice levels and microphone
distances. Systems should also be provided with electronics equalization to
compensate for the acoustic properties of the finished courtrooms, speakers, and
microphones. The master controls should be located at the clerk’s station, or judge’s
bench, and should include a power switch, master volume control, and override
controls.
When audio amplification is used in courtrooms, soft acoustic surfaces should be
installed instead of hard surfaces.
Cables run over carpeted floors are not only unsightly, they also pose a sfety hazard.
Planning sufficient convenient locations for audio jacks for public address systems,
audio recording, and video equipment will keep the courtroom functional and
uncluttered.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-7
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Courtesy of HOK
Courtroom Access and Circulation
Litigation
Area
Spectator
Area
Attorneys

Witness
Parties
Public
Victims/
Witness
Jury
StaffJudge
Prisoners
I. Computer workstations and monitors
Personal computers in both circuit and
district court courtrooms should be
located at the bench and court clerk’s
station. Computers should be
connected to the courts’ case
management system and other and
have access to the internet.
In addition to the judge’s bench and
clerk’s station, flat panel video display
monitors for the purpose of viewing
evidence should be planned for the
attorney tables, lectern, witness stand,
and jury box for the viewing of
electronically displayed evidence. The
coming use of computer tablets with
WiFi networks may make the
installation of fixed video display
monitors obsolete in the future.
Judges may wish to make use of notebook computers with a docking station located
in their chambers and on the bench instead of using a desktop personal computer.
III. CIRCUIT COURTROOMS
A. Courtroom Entrances
Courtrooms should have separate entrances from restricted, secure, and public
corridors. Controlling access to the courtroom from each of the three circulation
systems increases courtroom security and facilitates the movement of people within
the courthouse. Entrances from all public corridors should have a vestibule with
double sets of doors to serve as a sound-lock.
B. Judge’s Bench
The courtroom should have a dignified
elevated bench that provides sufficient
work space for the judge. The
construction of the bench should
enhance the safety of the judge while
in the courtroom.
The judge’s work area should be
equipped with adequate task lighting.
Each bench should be equipped with a shelf to hold bench books and copies of the
Courtesy of HOK
Judge/Clerk Relationship
Clerk Judge
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-7
Computer workstations and monitors
Judge stat
Personal computers in both circuit and
district court courtrooms should be
located at the bench and court clerk’s Jy
station. Computers should be
connected to the courts’ case
management system and other and
have access to the internet. prisoners victis!
ness
In addition to the judge’s bench and ‘eames
clerk’s station, flat panel video display Paice
monitors for the purpose of viewing Spectator
evidence should be planned for the
attorney tables, lectern, witness stand,
and jury box for the viewing of
electronically displayed evidence. The Public
coming use of computer tablets with
WiFi networks may make the
installation of fixed video display
monitors obsolete in the future.
Courtroom Access and Circulation
Judges may wish to make use of notebook computers with a docking station located
in their chambers and on the bench instead of using a desktop personal computer.
I, CIRCUIT COURTROOMS
A. Courtroom Entrances
Courtrooms should have separate entrances from restricted, secure, and public
corridors. Controlling access to the courtroom from each of the three circulation
systems increases courtroom security and facilitates the movement of people within
the courthouse. Entrances from all public corridors should have a vestibule with
double sets of doors to serve as a sound-lock.
B. — Judge’s Bench
The courtroom should have a dignified
elevated bench that provides sufficient
work space for the judge. The
construction of the bench should
enhance the safety of the judge while
in the courtroom. om ‘ge
The judge’s work area should be Judge Relationship
Courtesy of HOK
‘equipped with adequate task lighting. >
Each bench should be equipped with a shelf to hold bench books and copies of the
Office of the Executive Secretary ‘Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-8
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Courtesy of HOK
Judge’s Bench
Attorney
Judge
Shelf
Controls
Alarm •
21”
to
24”
Courtesy of HOK
Judge/Clerk Relationship
UP UP
Clerk Judge
Paper
Pass
Virginia Code, and a place for side bar conferences. The judge should have a clear
view of all parties in the courtroom.
 The judge is the symbol of the
administration of justice and the
judge’s bench needs to reflect the
dignity and authority of the
judiciary. The judge must be able
to view and hear all courtroom
participants, address all persons in
the courtroom, and pass and
receive documents from attorneys
and the court clerk. The judge
should have a clear view of all
parties in the courtroom while in
both an upright position as well as
while reclining in a swivel-back
chair.
 The size of the bench should be
proportionate to the size of the
courtroom.
 The bench should be raised at least
two risers (14 inches) above the floor.
While seated, the judge’s eye level
should be higher than that of a
standing person of average height.
 If at least six feet of space is allowed behind the judge’s desk, the judge can move
freely for side-bar conferences, reach for reference books, and easily enter and
exit the bench. Space should allow for the future installation of a ramp or lift for
wheelchair access.
 In order to shield the judge’s work
surface and prevent attorneys and others
from reading documents of the judge’s
desk, there should be a barrier, such as
an ornamental rail or shelf, along the
front of the bench.
 Several drawers should be provided for
forms, supplies, and personal items, as
well as a book shelf for legal references.
 The bench should be designed to
facilitate the transfer of documents and
Barrier/Shelf at Judge’s Bench, Isle of Wight
Courthouse
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-8
Virginia Code, and a place for side bar conferences. The judge should have a clear
view of all parties in the courtroom.

The judge is the symbol of the
administration of justice and the
judge’s bench needs to reflect the
dignity and authority of the
judiciary. The judge must be able
to view and hear all courtroom
participants, address all persons in
the courtroom, and pass and
receive documents from attorneys
and the court clerk. The judge
should have a clear view of all Judge/Clerk Relationship
parties in the courtroom while in Courtesy of HOK
both an upright position as well as
while reclining in a swivel-back
chair.

= The size of the bench should be
proportionate to the size of the
courtroom.
= The bench should be raised at least
two risers (14 inches) above the floor.
While seated, the judge’s eye level
should be higher than that of a
standing person of average height. BarriceShelf at Judge’s Bench, Isle of Wight
Courthouse
= Ifat least six feet of space is allowed behind the judge’s desk, the judge can move
freely for side-bar conferences, reach for reference books, and easily enter and
exit the bench. Space should allow for the future installation of a ramp or lift for
wheelchair access.
= Inorder to shield the judge’s work
surface and prevent attorneys and others
from reading documents of the judge’s
desk, there should be a barrier, such as
an ornamental rail or shelf, along the
front of the bench.
= Several drawers should be provided for
forms, supplies, and personal items, as
well as a book shelf for legal references.
= The bench should be designed to 88S Benet cof HOK
facilitate the transfer of documents and
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-9
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Courtroom Clerk Workstation, Isle of Wight Courthouse
verbal communication with the court clerk and court reporter, as well as provide
clear lines of sight to the witness.
 Benches may either be centered along the back wall of the courtroom (the
traditional arrangement) or in the corner. Corner benches, while not favored by
many judges offer excellent sightlines and tend to make more efficient use of the
courtroom space.
 Each bench should be constructed of, or lined with, a projectile resistant material.
 A silent duress alarm system should be installed in the bench, accessible to and
clearly marked for activation, by the judge in case of emergency. Care should be
taken to avoid placement where the alarm could be activated accidentally.
 The bench should be located in the courtroom so that the judge approaches the
bench from a private entrance off a restricted access passage. A large clock should
be mounted on the wall opposite the judge’s bench.
 Normal room lighting should be augmented by task lighting located directly
above the bench. Lighting controls for the entire courtroom should be located at
or near the bench, or clerk’s station. Lighting controls should have preset settings.
 A minimum of two quadriplex electrical receptacles, two data jacks, two audio
jacks, one phone line, and video display monitor and desktop or laptop computer
should be installed at the bench in all courtrooms. All receptacles should be flush-
mounted. Most benches will require two display monitors; one for viewing case
information and one for viewing evidence presentations.
 The bench should be equipped with a microphone connected to an amplifier
controlled by the judge or the clerk.
C. Clerk’s Station
A station for the courtroom clerk
should be located adjacent to the
judge’s bench, positioned to provide
a clear view of all courtroom activity
and equipped with a private writing
surface, a telephone, and controls for
courtroom lighting, audio
amplification systems, and audio
recording systems if provided.
The court clerk is responsible for
maintaining a record of all court
proceedings, checking case files, and
recording appropriate case
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-9
verbal communication with the court clerk and court reporter, as well as provide
clear lines of sight to the witness.
= Benches may either be centered along the back wall of the courtroom (the
traditional arrangement) or in the comer. Comer benches, while not favored by
many judges offer excellent sightlines and tend to make more efficient use of the
courtroom space.
= Each bench should be constructed of, or lined with, a projectile resistant material.
= Assilent duress alarm system should be installed in the bench, accessible to and
clearly marked for activation, by the judge in case of emergency. Care should be
taken to avoid placement where the alarm could be activated accidentally.

The bench should be located in the courtroom so that the judge approaches the
bench from a private entrance off a restricted access passage. A large clock should
be mounted on the wall opposite the judge’s bench

= Normal room lighting should be augmented by task lighting located directly
above the bench. Lighting controls for the entire courtroom should be located at
or near the bench, or clerk’s station. Lighting controls should have preset settings.
= A minimum of two quadriplex electrical receptacles, two data jacks, two audio
jacks, one phone line, and video display monitor and desktop or laptop computer
should be installed at the bench in all courtrooms. All receptacles should be flush-
mounted. Most benches will require two display monitors; one for viewing case
information and one for viewing evidence presentations.
= The bench should be equipped with a microphone connected to an amplifier
controlled by the judge or the clerk.
C. — Clerk’s Station
A station for the courtroom clerk
should be located adjacent to the
judge’s bench, positioned to provide
a clear view of all courtroom activity
and equipped with a private writing
surface, a telephone, and controls for
courtroom lighting, audio
amplification systems, and audio
recording systems if provided.
The court clerk is responsible for
maintaining a record of all court
proceedings, checking case files, and
recording appropriate case
Courtroom Clerk Workstation, Isle of Wight Courthouse
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-10
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
dispositions. In this capacity, the clerk frequently passes files to and from the judge
and requires immediate proximity to the judge.
The clerk’s station should be compatible with the style and finishes of the judge’s
bench and other courtroom furniture.
The clerk should be elevated at least one riser above the courtroom floor in order to
provide the clerk with a better view of the courtroom. The height difference between
the clerk’s station and the judge should not exceed 12". To aid in the transfer of
documents a “pass-through” or other millwork solutions may be considered. The
clerk’s station is located on the same side as the bailiff and near a doorway to the
private corridor.
The court clerk’s work surface should be large enough to accommodate the case files
exhibits, supplies, forms, work papers, and a personal computer with video display
monitor and keyboard. Space should also be provided for a silent printer and
document scanner. The counter should be approximately 30 inches in depth and about
48 inches in length. Approximately 30 to 40 square feet are required for a single
clerk’s workstation.
 The court clerk’s station should have the same amount of task lighting as the
judge’s bench.
 There should be sufficient space to install a ramp or lift in the future should the
need arise. A ramp must have a slope of no greater than a 1-foot rise over 12
linear feet and cannot rise more than 30 inches without a 5-foot level landing.
 The court clerk’s station should have the same duress alarm/intercom system as
the judge, providing direct linkage with the central security station.
 Normal room lighting should be augmented by task lighting located directly
above the bench.
 An elevated front and/or side on the clerk’s station will provide privacy for note
taking as well as screening equipment, such as telephone, microphone controls,
computer, and printer from public view. The separation will avoid participant
distraction and preserve the dignified appearance of the courtroom.
 The clerk also is responsible for exhibits during trials. Sufficient space should be
provided for safe storage of these materials during trials. In addition to drawer and
shelf space in the clerk’s station, an inconspicuous closet should be provided in
the courtroom for storing large items during continuing trials.
 Each workstation should have two quadriplex flush-mounted electrical
receptacles, one telephone jack, two data jacks for computers and built-in video
display monitors. Other equipment includes a silent printer and document scanner.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-10
dispositions. In this capacity, the clerk frequently passes files to and from the judge
and requires immediate proximity to the judge.
The clerk’s station should be compatible with the style and finishes of the judge’s
bench and other courtroom furniture.
The clerk should be elevated at least one riser above the courtroom floor in order to
provide the clerk with a better view of the courtroom. The height difference between
the clerk’s station and the judge should not exceed 12". To aid in the transfer of
documents a “pass-through” or other millwork solutions may be considered. The
clerk’s station is located on the same side as the bailiff and near a doorway to the
private corridor.
The court clerk’s work surface should be large enough to accommodate the case files
exhibits, supplies, forms, work papers, and a personal computer with video display
monitor and keyboard. Space should also be provided for a silent printer and
document scanner. The counter should be approximately 30 inches in depth and about
48 inches in length. Approximately 30 to 40 square feet are required for a single
clerk’s workstation.
= The court clerk’s station should have the same amount of task lighting as the
judge’s bench.
= There should be sufficient space to install a ramp or lift in the future should the
need arise. A ramp must have a slope of no greater than a 1-foot rise over 12
linear feet and cannot rise more than 30 inches without a 5-foot level landing.
= The court clerk’s station should have the same duress alarm/intercom system as
the judge, providing direct linkage with the central security station.
= Normal room lighting should be augmented by task lighting located directly
above the bench.

An elevated front and/or side on the clerk’s station will provide privacy for note
taking as well as screening equipment, such as telephone, microphone controls,
computer, and printer from public view. The separation will avoid participant
distraction and preserve the dignified appearance of the courtroom.

= The clerk also is responsible for exhibits during trials, Sufficient space should be
provided for safe storage of these materials during trials. In addition to drawer and
shelf space in the clerk’s station, an inconspicuous closet should be provided in
the courtroom for storing large items during continuing trials.

Each workstation should have two quadriplex flush-mounted electrical
receptacles, one telephone jack, two data jacks for computers and built-in video
display monitors. Other equipment includes a silent printer and document scanner.

Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-11
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
 The clerk should have a phone with silent ring. The control console for the sound
amplification and video recording systems should be located here, along with a
microphone connected to a mixer and amplifier controlled by the judge or clerk.
 All controls for video and teleconferencing equipment should be located at the
clerk’s station.
D. Witness Stand
Each courtroom should have a witness stand clearly visible by the judge, jurors, and
litigants. The stand should be equipped with a comfortable chair, a modesty panel, a
sound amplification system, and an
exhibit display area. A flat panel video
display monitor may also be located at
the witness stand to allow witnesses to
view electronically displayed
evidence.
The witness, along with the judge,
should be the focal point of all
courtroom proceedings. It is critical
that all courtroom participants clearly
hear and see all verbal and nonverbal
communication from the witness.
Elevating the stand and providing sound amplification facilitates this result, however,
placing the witness at floor level eliminates the need to provide a ramp or lift for
wheelchair access.
 The witness stand requires 15-20 sq. ft. The location of the witness stand is
traditionally next to the judge, but depending upon the configuration of the
courtroom a free-standing movable witness stand is permitted.
 The exhibit area for screens, chalkboards or marker boards, and large screen video
display monitors should be close to the witness stand and easily viewed by the
witness and other courtroom participants. The exhibit area might be located
between the witness stand and the jury box for ease of viewing by both the jurors
and witness.
 There should be at least one quadriplex, power outlet and two data jacks for a
video display monitor. A microphone should be mounted unobtrusively at the
witness stand and be able to receive clearly the testimony of children and
soft-spoken witnesses.
 Earphones or other assistive listening devices should be available for hearing
impaired witnesses.
Courtesy of HOK
Witness Stand
Attorney
Witness
Exhibit
6-7"
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-11

The clerk should have a phone with silent ring. The control console for the sound
amplification and video recording systems should be located here, along with a
microphone connected to a mixer and amplifier controlled by the judge or clerk.

= All controls for video and teleconferencing equipment should be located at the
clerk’s station.
D. — Witness Stand
Each courtroom should have a witness stand clearly visible by the judge, jurors, and
litigants. The stand should be equipped with a comfortable chair, a modesty panel, a
sound amplification system, and an
exhibit display area. A flat panel video
display monitor may also be located at
the witness stand to allow witnesses to = D) Winess
view electronically displayed
evidence.
The witness, along with the judge,
should be the focal point of all
courtroom proceedings. It is critical
that all courtroom participants clearly
Witness Stand
hear and see all verbal and nonverbal Courtesy of HOK
‘communication from the witness.
Elevating the stand and providing sound amplification facilitates this result, however,
placing the witness at floor level eliminates the need to provide a ramp or lift for
wheelchair access.
= The witness stand requires 15-20 sq. ft. The location of the witness stand is
traditionally next to the judge, but depending upon the configuration of the
courtroom a free-standing movable witness stand is permitted.

The exhibit area for screens, chalkboards or marker boards, and large screen video
display monitors should be close to the witness stand and easily viewed by the
witness and other courtroom participants. The exhibit area might be located
between the witness stand and the jury box for ease of viewing by both the jurors
and witness.

= There should be at least one quadriplex, power outlet and two data jacks for a
video display monitor. A microphone should be mounted unobtrusively at the
witness stand and be able to receive clearly the testimony of children and
soft-spoken witnesses.
= Earphones or other assistive listening devices should be available for hearing
impaired witnesses.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-12
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
E. Jury Box
All circuit courtrooms should include a well lit, jury box sized to accommodate at
least 14 jurors.
Jurors perform an important function
in the circuit court. Proper placement
of the jury box facilitates the juror’s
ability to observe and follow the
proceeding. Writing surfaces may be
included for each juror. Protected
pathways to and from the courtroom
and jury deliberation room reduce
public contact with or harassment of
jurors. Situating the jury box so jurors
can see other participants or spectators,
without being too close, reduces
opportunities for harassment,
distraction, or overhearing attorney-client exchanges. Because jurors may be sitting
for long periods, comfortable chairs and a modesty panel should be provided.
The dimensions should be approximately 8’ by 18’ and the first row of jurors may be
at floor level to permit easy wheelchair access without having to provide a ramp or
lift to the jury box. If the first row is raised above the litigation floor, additional space
will be required for wheelchair maneuvering and ramps;
 Each juror should have clear lines of sight to the witness stand, the counsel tables,
the judge, and the evidence display areas.
 To provide jurors with the best possible view, the rows of seats should be tiered,
and there should be ample room between the rows for easy entrance and exit of
jurors.
 Jurors should have a direct path to and from restricted access corridors;
 The jurors should have direct access to the jury deliberation room from the
courtroom by means of the private circulation system;
 Audio jacks for earphones may be installed at one or two positions for use by the
hearing impaired.
 The jury box should be equipped with electrical receptacles and data jacks for the
installation flat, panel video display monitors for jurors to view evidence and
documents (at least one for every two jurors). A large screen video monitor for
viewing evidence is optional. A microphone should be placed near the fore
person’s position in the jury box.
Courtesy of HOK
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-12
E. Jury Box
All circuit courtrooms should include a well lit, jury box sized to accommodate at
least 14 jurors.
Jurors perform an important function
in the circuit court. Proper placement
of the jury box facilitates the juror’s
ability to observe and follow the
proceeding. Writing surfaces may be
included for each juror. Protected
pathways to and from the courtroom
and jury deliberation room reduce
pubiic contact with or harassment of
jurors. Situating the jury box so jurors
can see other participants or spectators, “Twe-Tec Jay Bo
without being too close, reduces Courtesy of HOK
opportunities for harassment,
distraction, or overhearing attorney-client exchanges. Because jurors may be sitting
for long periods, comfortable chairs and a modesty panel shouid be provided.
The dimensions should be approximately 8! by 18’ and the first row of jurors may be
at floor level to permit easy wheelchair access without having to provide a ramp or
lift to the jury box. If the first row is raised above the litigation floor, additional space
will be required for wheelchair maneuvering and ramps;
= Each juror should have clear lines of sight to the witness stand, the counsel tables,
the judge, and the evidence display areas.
= To provide jurors with the best possible view, the rows of seats should be tiered,
and there should be ample room between the rows for easy entrance and exit of
jurors.
= Jurors should have a direct path to and from restricted access corridors;

The jurors should have direct access to the jury deliberation room from the
courtroom by means of the private circulation system;


Audio jacks for earphones may be installed at one or two positions for use by the
hearing impaired.

= The jury box should be equipped with electrical receptacles and data jacks for the
installation flat, panel video display monitors for jurors to view evidence and
documents (at least one for every two jurors). A large screen video monitor for
viewing evidence is optional. A microphone should be placed near the fore
person’s position in the jury box.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-13
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
F. Counsel Tables
Each courtroom should have separate tables for defense and plaintiff (prosecution).
Each table should accommodate from two to four persons, including the litigants or
defendant. There should be sufficient space for reference books, documents, notes
and evidence, and notebook computers.
Counsel tables serve several purposes for attorneys in court: a general workspace for
papers, files, and note taking; a place to confer with clients; and a position from
which to observe other participants, question the witness, and address the court. To
accommodate these varying functions, care must be given to the placement of counsel
tables within the litigation area. Counsel tables should be located so that:
 Counsel and client can see and be seen by all other participants;
 Counsel has a clear pathway to the bench, witness stand, jury box, clerk’s station,
and lectern;
 Conversations between client and counsel will not be overheard by other
participants, jurors, or spectators.
 To accommodate cases with large numbers of participants, an additional row of
chairs or a bench might be provided behind each table just in front of the rail.
 A minimum of two quadriplex electrical receptacles; two data jacks, one phone
line, and two audio jacks should be installed for each table. Space should be
allowed for the installation of a personal / notebook computer, monitor. Space for
a silent printer and document scanner also may be required.
G. Lectern
Space for a moveable lectern with
a microphone should be provided
in the courtroom.
The preference of the judges and
attorneys will determine the actual
use of the lectern. In many
recently constructed courthouses
the lectern has been developed
into a media presentation center
with personal computer and
electronic presentation system that
includes a video camera.
Fairfax County J&DR Courtroom
Lectern with Evidence Display System
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-13
KR
Counsel Tables
Each courtroom should have separate tables for defense and plaintiff (prosecution).
Each table should accommodate from two to four persons, including the litigants or
defendant. There should be sufficient space for reference books, documents, notes
and evidence, and notebook computers.
Counsel tables serve several purposes for attorneys in court: a general workspace for
papers, files, and note taking; a place to confer with clients; and a position from
which to observe other participants, question the witness, and address the court. To
accommodate these varying functions, care must be given to the placement of counsel
tables within the litigation area. Counsel tables should be located so that:

Counsel and client can see and be seen by all other participants;


Counsel has a clear pathway to the bench, witness stand, jury box, clerk’s station,
and lectern;

= Conversations between client and counsel will not be overheard by other
participants, jurors, or spectators.


To accommodate cases with large numbers of participants, an additional row of
chairs or a bench might be provided behind each table just in front of the rail.


A minimum of two quadriplex electrical receptacles; two data jacks, one phone
line, and two audio jacks should be installed for each table. Space should be
allowed for the installation of a personal / notebook computer, monitor. Space for
a silent printer and document scanner also may be required.


Lectern
Space for a moveable lectern with
a microphone should be provided
in the courtroom.
The preference of the judges and
attorneys will determine the actual
use of the lectern, In many
recently constructed courthouses
the lectern has been developed
into a media presentation center
with personal computer and
electronic presentation system that
includes a video camera
Fairfax County J&DR Courtroom
Lecter with Evidence Display System
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-14
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Task lighting may be provided at the lectern to aid reading. The lectern should be
easily accessible from the attorney tables and should not interfere with the view of the
proceedings by the litigants or the jurors.
H. Display Area
Each courtroom should include an area for the display of evidence. This may include
a large flat screen video monitor, a built-in white marker board or softboard, x-ray
shadow box, or projector screen. All such display equipment should be positioned to
allow easy viewing by the witness and all other participants.
By incorporating the majority of the equipment needed for evidence display into the
litigation area’s design, the confusion and clutter of free-standing units can be
avoided. Traffic patterns within the well should be designed to accommodate access
to the equipment and the need for additional storage space in the courthouse will be
limited. The use of flat panel (and perhaps computer tablets) to view electronically
displayed evidence is replacing many of the older display systems and the need to
provide space for marker boards and projectors.
I. Bailiff Station
Space should be provided for a bailiff in each courtroom. Due to the varying duties of
the bailiff, more than one space may be needed.
The bailiff, or deputy sheriff, is responsible for the security of the courtroom and all
participants, maintains order in the courtroom, and removes disruptive persons. The
bailiff generally moves about the courtroom but for convenience and comfort a small
table with movable swivel chair may be provided. Typical locations include: near the
bench, by the defendant, near the jury box, and near the main public entrance.
From each location the bailiff should be able to see the entire courtroom and have
easy access to a silent emergency alarm. In planning for specific courtrooms, the
judges involved should be consulted. The total area need be no more than 15 square
feet.
The bailiff workstation requires at least one quadriplex electrical receptacle; one data
jack, one phone line, and one audio jack. The bailiff’s station may also have a
telephone with a silent ring.
J. Court Reporter Station
Each courtroom should provide a workstation near the bench and witness stand for a
court reporter.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-14
Task lighting may be provided at the lectern to aid reading. The lectern should be
easily accessible from the attorney tables and should not interfere with the view of the
proceedings by the litigants or the jurors.
H. Display Area
Each courtroom should include an area for the display of evidence. This may include
a large flat screen video monitor, a built-in white marker board or softboard, x-ray
shadow box, or projector screen, All such display equipment should be positioned to
allow easy viewing by the witness and all other participants.
By incorporating the majority of the equipment needed for evidence display into the
litigation area’s design, the confusion and clutter of free-standing units can be
avoided. Traffic patterns within the well should be designed to accommodate access
to the equipment and the need for additional storage space in the courthouse will be
limited. The use of flat panel (and pethaps computer tablets) to view electronically
displayed evidence is replacing many of the older display systems and the need to
provide space for marker boards and projectors.
I. Bailiff Station
Space should be provided for a bailiff in each courtroom. Due to the varying duties of
the bailiff, more than one space may be needed.
The bailiff, or deputy sheriff, is responsible for the security of the courtroom and all
participants, maintains order in the courtroom, and removes disruptive persons. The
bailiff generally moves about the courtroom but for convenience and comfort a small
table with movable swivel chair may be provided. Typical locations include: near the
bench, by the defendant, near the jury box, and near the main public entrance.
From each location the bailiff should be able to see the entire courtroom and have
easy access to a silent emergency alarm. In planning for specific courtrooms, the
judges involved should be consulted. The total area need be no more than 15 square
feet.
The bailiff workstation requires at least one quadriplex electrical receptacle; one data
jack, one phone line, and one audio jack. The bailiff’s station may also have a
telephone with a silent ring.
J. Court Reporter Station
Each courtroom should provide a workstation near the bench and witness stand for a
court reporter.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-15
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Most courts in Virginia make use of contract court reporters and the court reporters
provide their own equipment. The configuration of the court reporter’s space will be
determined by the method of court reporting used:
Steno type – a moveable chair and adequate electrical outlets are required.
Electronic recording – a permanent work station that will accommodate the required
recording equipment and space for note taking. Wiring for the sound recording
equipment should be incorporated into the courtroom’s design.
Computer-aided transcription – a moveable chair, adequate electrical outlets and data
jack for computer connection.
Videotaping – camera locations, a permanent work station that will accommodate the
required monitoring equipment and conduits for wiring should be incorporated into
the courtroom design.
For testimony and proceedings to be recorded accurately, the court reporter should be
located adjacent to or in front of the witness stand so that the reporter can clearly
view the witness’s facial expressions and hear voice testimony. The court reporter
should also have an unobstructed view of the entire litigation area. This field of vision
should include the judge, witness box, jury box, and attorney’s tables.
For a steno-typist or reporter, using computer-aided transcription, being able to hear
and be heard by the participants is crucial. When sidebar exchanges occur between
the judge and attorneys, the reporter must be able to move quickly into a position to
hear and record the remarks.
For electronic recording, proper placement of microphones to pick up each speaker’s
remarks is crucial. In addition, because log notes indicating the tape counter location
of each witness’ testimony should be taken, a work surface to accommodate note
taking should be provided. If a centralized recording system is used, this task may be
performed by the courtroom clerk, thus eliminating the need for a court reporter’s
station in the courtroom. A central recording and storage room and extensive wiring
arrangements would, however, be required.
Although in Virginia, general district and juvenile and domestic relations district
courts are not considered “courts of record”, these courts also should include court
reporter stations in the courtrooms. This is because attorneys may wish to provide
their own reporters to make a transcript in some cases.
The court reporter station should have a minimum of four electrical outlets, two data
jacks, and two audio jacks. Enough space should be allowed for stenographic
equipment and a personal computer. A silent printer in the courtroom may be needed
for producing transcripts.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-15
Most courts in Virginia make use of contract court reporters and the court reporters
provide their own equipment. The configuration of the court reporter’s space will be
determined by the method of court reporting used:
Steno type — a moveable chair and adequate electrical outlets are required
Electronic recording — a permanent work station that will accommodate the required
recording equipment and space for note taking. Wiring for the sound recording
equipment should be incorporated into the courtroom’s design.
‘Computer-aided transcription — a moveable chair, adequate electrical outlets and data
jack for computer connection.
Videotaping — camera locations, a permanent work station that will accommodate the
required monitoring equipment and conduits for wiring should be incorporated into
the courtroom design.
For testimony and proceedings to be recorded accurately, the court reporter should be
located adjacent to or in front of the witness stand so that the reporter can clearly
view the witness’s facial expressions and hear voice testimony. The court reporter
should also have an unobstructed view of the entire litigation area. This field of vision
should include the judge, witness box, jury box, and attorney’s tables.
For a steno-typist or reporter, using computer-aided transcription, being able to hear
and be heard by the participants is crucial. When sidebar exchanges occur between
the judge and attorneys, the reporter must be able to move quickly into a position to
hear and record the remarks.
For electronic recording, proper placement of microphones to pick up each speaker’s
remarks is crucial. In addition, because log notes indicating the tape counter location
of each witness’ testimony should be taken, a work surface to accommodate note
taking should be provided. If a centralized recording system is used, this task may be
performed by the courtroom clerk, thus eliminating the need for a court reporter’
station in the courtroom. A central recording and storage room and extensive wiring
arrangements would, however, be required.
Although in Virginia, general district and juvenile and domestic relations district
courts are not considered “courts of record”, these courts also should include court
reporter stations in the courtrooms. This is because attorneys may wish to provide
their own reporters to make a transcript in some cases.
The court reporter station should have a minimum of four electrical outlets, two data
jacks, and two audio jacks. Enough space should be allowed for stenographic
‘equipment and a personal computer. A silent printer in the courtroom may be needed
for producing transcripts.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-16
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
K. Defendant’s Station
In courtrooms that will be used for criminal trials, the defendant’s station should be
located near the entrance to the prisoner holding facilities.
Criminal defendants who are in custody should enter the courtroom from restricted
passages connected to the prisoner holding facilities. For the security of the prisoner
and those in the courtroom, the distance from this entry to the defense table should be
kept to a minimum. The defendant should not pass the jury box, the bench, or through
the spectator area en route to the defense table or defendant’s station.
If feasible, provision should be made to handle the violent defendant. In larger
courthouses with several courtrooms, at least one courtroom might be equipped with
a secure holding room adjacent to the courtroom to hold violent prisoners during
trials. If provided, this room should be equipped with a security glass window
opening onto the courtroom so that the defendant can be observed by the jurors,
judge, and other participants. The room should also be wired for a speaker and
microphone so that the defendant can hear the proceedings and respond to questions
as necessary.
L. Public Gallery and Spectator Seating
A seating area for spectators should be provided in all courtrooms, including juvenile
and domestic relations district courts. Courtrooms used for ceremonial purposes will
require greater seating capacity. Spectator seating area should be separated from the
well (litigation area) area by a railing or other physical barrier.
Because the majority of court proceedings are open to the public, including many
juvenile hearings, spectator seating should be provided. The amount of seating will
vary depending on the type of courtroom. Decisions about seating capacity should
take into consideration the following:
o Use of courtroom for jury impaneling
o Type of activity planned for courtrooms, i.e., criminal courtroom, motions
courtroom, regular civil trials, traffic court, juvenile, etc.
o Other public or civic uses
Fixed, pew-type benches allow greater flexibility in seating capacity than individual
chairs and reduce courtroom distractions caused by chairs scraping the floor.
Auditorium (theater) style seating provides greater comfort and may be more
appropriate in courtrooms with longer proceedings.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-16
K.
Defendant’s Station
Tn courtrooms that will be used for criminal trials, the defendant’s station should be
located near the entrance to the prisoner holding facilities.
Criminal defendants who are in custody should enter the courtroom from restricted
passages connected to the prisoner holding facilities. For the security of the prisoner
and those in the courtroom, the distance from this entry to the defense table should be
kept to a minimum, The defendant should not pass the jury box, the bench, or through
the spectator area en route to the defense table or defendant’s station.
If feasible, provision should be made to handle the violent defendant. In larger
courthouses with several courtrooms, at least one courtroom might be equipped with
a secure holding room adjacent to the courtroom to hold violent prisoners during
trials. If provided, this room should be equipped with a security glass window
opening onto the courtroom so that the defendant can be observed by the jurors,
judge, and other participants. The room should also be wired for a speaker and
microphone so that the defendant can hear the proceedings and respond to questions
as necessary.
Public Gallery and Spectator Seating
A seating area for spectators should be provided in all courtrooms, including juvenile
and domestic relations district courts. Courtrooms used for ceremonial purposes will
require greater seating capacity. Spectator seating area should be separated from the
well (litigation area) area by a railing or other physical barrier.
Because the majority of court proceedings are open to the public, including many
juvenile hearings, spectator seating should be provided. The amount of seating will
vary depending on the type of courtroom. Decisions about seating capacity should
take into consideration the following:
© Use of courtroom for jury impaneling
© Type of activity planned for courtrooms, i.e., criminal courtroom, motions
courtroom, regular civil trials, traffic court, juvenile, ete.
© Other public or civic uses
Fixed, pew-type benches allow greater flexibility in seating capacity than individual
chairs and reduce courtroom distractions caused by chairs scraping the floor.
Auditorium (theater) style seating provides greater comfort and may be more
appropriate in courtrooms with longer proceedings.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-17
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Approximate Public Seating Capacities by Courtroom Size
Type of Courtroom Spectators
Large 101-150
Medium 51-100
Small 31-50
Hearing Room 20
IV. GENERAL AND JUVENILE AND DOMESTIC RELATIONS DISTRICT
COURTROOMS
District courtrooms have many of the same features and requirements as circuit courtrooms
with the exception that district courts are not courts of record and do not have jury trials.
They do not, therefore, require jury boxes or adjacent jury deliberation rooms.
Even though they are not courts of record, district courts use audio recording to record the
proceedings in the courtroom and private attorneys may on occasion wish to hire a reporter
to make a transcript of the proceedings.
When planning and designing new district courtrooms, however, consideration should be
given to possible future changes in court jurisdiction and to how the current courtroom may
be used in the future. Future flexibility is enhanced by the design of fairly generic
courtrooms that can be used for a variety of court functions over the years. This would
mean designing district courtrooms that are at least large enough to accommodate a future
jury box in case the district courtroom should ever be needed to be used as a circuit
courtroom. Future expansion strategies may include the possibility that the district court
will vacate the building to an addition or another building and that the current courtrooms
be converted to circuit courtrooms.
In most other respects, judges’ benches, witness stand, attorney tables, prisoner holding,
spectators, and security district court design should follow closely that of circuit courtrooms
as described above.
Likewise, district courtrooms will have many of the same technology requirements as do
circuit courtrooms. Generally, however, the evidence display needs are not as elaborate in
district courts where trials are shorter and usually involve fewer witnesses, and the issues
presented are less technical. District courts also make use of audio recording instead of live
court reporters to take the record. Most evidence may still be presented using a DVD player
or other electronic media, white marker board, or overhead projector.
In many district court proceedings, attorneys and litigants/defendants often stand at the
bench. There should be a small shelf incorporated into the bench design where attorneys
can place papers and documents. The shelf also helps to prevent attorneys and others from
viewing the judge’s notes and documents.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-17
IV.
Approximate Public Seating Capacities by Courtroom Size
Large
Medium
‘Small
Hearing Room
GENERAL AND JUVENILE AND DOMESTIC RELATIONS DISTRICT
COURTROOMS
District courtrooms have many of the same features and requirements as circuit courtrooms
with the exception that district courts are not courts of record and do not have jury trials.
They do not, therefore, require jury boxes or adjacent jury deliberation rooms.
Even though they are not courts of record, district courts use audio recording to record the
proceedings in the courtroom and private attorneys may on occasion wish to hire a reporter
to make a transcript of the proceedings.
When planning and designing new district courtrooms, however, consideration should be
given to possible future changes in court jurisdiction and to how the current courtroom may
be used in the future. Future flexibility is enhanced by the design of fairly generic
courtrooms that can be used for a variety of court functions over the years. This would
mean designing district courtrooms that are at least large enough to accommodate a future
jury box in case the district courtroom should ever be needed to be used as a circuit
courtroom, Future expansion strategies may include the possibility that the district court
will vacate the building to an addition or another building and that the current courtrooms
be converted to circuit courtrooms.
In most other respects, judges’ benches, witness stand, attorney tables, prisoner holding,
spectators, and security district court design should follow closely that of circuit courtrooms
as described above.
Likewise, district courtrooms will have many of the same technology requirements as do
circuit courtrooms. Generally, however, the evidence display needs are not as elaborate in
district courts where trials are shorter and usually involve fewer witnesses, and the issues
presented are less technical. District courts also make use of audio recording instead of live
court reporters to take the record. Most evidence may still be presented using a DVD player
or other electronic media, white marker board, or overhead projector.
In many district court proceedings, attorneys and litigants/defendants often stand at the
bench. There should be a small shelf incorporated into the bench design where attorneys
can place papers and documents. The shelf also helps to prevent attorneys and others from
viewing the judge’s notes and documents.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-18
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
While district courts will make use of audio recording to take the record, there may be
occasions when a live real-time transpiration is required for the hearing impaired or when
private attorneys wish to have a record made. For those occasions, a court reporter station
should be located adjacent to, or in front of, the witness stand so that the reporter can
clearly view the witness’s facial expressions and hear voice testimony. The technology
requirements for the court reporter are the same as for a circuit courtroom.
Cases heard in district court are generally shorter than circuit court with less evidence being
presented. The space requirements are somewhat less as is the need for electronic
equipment at the attorney tables. Nonetheless, courtroom functions may change over the
years and planning should consider possible future requirements.
J&DR district court proceedings are often private and less formal than in general district
court and circuit court. There are also fewer spectators present in most J&DR proceedings.
J&DR courtrooms are generally smaller than other courtrooms and need to seat no more
than 30 in the public gallery.
A. Hearing Rooms
In multi-judge courthouses and courthouses with a juvenile and domestic relations
district consideration should be given to providing at least one hearing room in which
informal hearings may be conducted by judges, commissioners, special justices, or
magistrates.
Hearing rooms should be provided for hearing minor infractions or small hearings of
a private nature. Hearing rooms are generally informal, private, and require less
space. They are particularly well suited to hear private juvenile and domestic matters.
Generally, hearing rooms should meet the same standards for environmental controls
and working standards as courtrooms. They should be well-lit, free from outside noise
and distractions, and free from obstructions within the room. Because the hearings
generally involve fewer people, less public seating is required; generally no more
than 10 persons. There should be work tables for each of the parties, and the judge’s
bench should be slightly elevated (usually one riser is sufficient). If a witness stand,
reporter’s station, clerk’s station, or bailiff’s station is required, they should conform
to the standards of a regular courtroom. Consideration should be given to using
moveable furniture, including the judge’s bench.
The same standards as to circulation patterns should be followed. The judge should be
able to enter the hearing room from a secure, private corridor. The public and litigants
should enter through a separate public entrance. The work area and the public seating
area should be separated by a physical barrier. The judge should have complete and
unobstructed view of all participants in the room.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-18
While district courts will make use of audio recording to take the record, there may be
‘occasions when a live real-time transpiration is required for the hearing impaired or when
private attorneys wish to have a record made. For those occasions, a court reporter station
should be located adjacent to, or in front of, the witness stand so that the reporter can
clearly view the witness’s facial expressions and hear voice testimony. The technology
requirements for the court reporter are the same as for a circuit courtroom.
Cases heard in district court are generally shorter than circuit court with less evidence being
presented. The space requirements are somewhat less as is the need for electronic
equipment at the attorney tables. Nonetheless, courtroom functions may change over the
years and planning should consider possible future requirements.
I&DR district court proceedings are often private and less formal than in general district
court and circuit court. There are also fewer spectators present in most J&DR proceedings.
J&DR courtrooms are generally smaller than other courtrooms and need to seat no more
than 30 in the public gallery.
A. Hearing Rooms
In multi-judge courthouses and courthouses with a juvenile and domestic relations
district consideration should be given to providing at least one hearing room in which
informal hearings may be conducted by judges, commissioners, special justices, or
magistrates.
Hearing rooms should be provided for hearing minor infractions or small hearings of
a private nature. Hearing rooms are generally informal, private, and require less
space. They are particularly well suited to hear private juvenile and domestic matters.
Generally, hearing rooms should meet the same standards for environmental controls
and working standards as courtrooms. They should be well-lit, free from outside noise
and distractions, and free from obstructions within the room. Because the hearings
generally involve fewer people, less public seating is required: generally no more
than 10 persons. There should be work tables for each of the parties, and the judge’s
bench should be slightly elevated (usually one riser is sufficient). If a witness stand,
reporter’s station, clerk’s station, or bailiff’s station is required, they should conform
to the standards of a regular courtroom. Consideration should be given to using
moveable furniture, including the judge’s bench.
‘The same standards as to circulation patterns should be followed. The judge should be
able to enter the hearing room from a secure, private corridor. The public and litigants
should enter through a separate public entrance. The work area and the public seating
area should be separated by a physical barrier. The judge should have complete and
unobstructed view of all participants in the room.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-19
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
A hearing room should accommodate at least 15 people (non-spectators) in the
litigation area and seat about 10 spectators. A typical hearing room requires
approximately 700 - 940 sq. ft.
Generally, technology requirements of hearing rooms will be similar to that required
in courtrooms. Planning should include computers at the bench and clerk’s
workstation, video conferencing capabilities, and video display monitors to view
evidence. Electrical outlets, voice and data jacks should be planned for the bench,
clerk’s workstation, witness box (if present), and attorney tables.
B. Conference Rooms
Each courthouse should have conference rooms capable of seating four to six persons
for the use of attorney’s and their clients and the Commonwealth’s attorney’s office.
Large multi-purpose conference rooms seating ten to fifteen persons may be required
at other locations in the courthouse for use by judges, the clerk, Sheriff,
Commonwealth Attorney, or court administration.
Elsewhere in these guidelines mention has been made for the need for witness waiting
rooms and attorney/client conference rooms. This would fulfill many of the needs for
conference space needed by attorneys and the Commonwealth’s attorney. Juvenile
and domestic relations district courts, however, have special needs for conference
space where private conferences may occur between parties in child custody, neglect,
and other types of sensitive cases.
Larger conference rooms seating ten to twenty persons may be needed in the clerk’s
offices and the judges’ chambers. The judges’ conference room may double as a
small hearing room and consideration should be given to the use of flexible
furnishings. In small courthouses (one or two judges) the law library may also double
as a conference space for special meetings or events.
In all cases, the conference rooms should be sound-proofed in order to allow private
conversations that cannot be heard from outside the door or through the walls.
Conference rooms should be equipped with adequate electrical outlets and data jacks
to permit users with laptop computers to work and access local or wide area computer
networks. Larger conference rooms may also be equipped with video conferencing
equipment for the purpose of long-distance training or meetings.
C. Witness Waiting Room
Each courtroom should have two witness waiting rooms, located near the courtroom,
one for each side in a case.
Witnesses often must spend long periods of time waiting in court to be called to
testify, sometimes at extreme inconvenience. They deserve comfortable, secure, and
private surroundings. In many older courthouses it is not uncommon for witnesses to
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-19
A hearing room should accommodate at least 15 people (non-spectators) in the
litigation area and seat about 10 spectators. A typical hearing room requires
approximately 700 - 940 sq. ft.
Generally, technology requirements of hearing rooms will be similar to that required
in courtrooms. Planning should include computers at the bench and clerk’s
workstation, video conferencing capabilities, and video display monitors to view
evidence. Electrical outlets, voice and data jacks should be planned for the bench,
clerk’s workstation, witness box (if present), and attorney tables.
B. Conference Rooms
Each courthouse should have conference rooms capable of seating four to six persons
for the use of attorney’s and their clients and the Commonwealth’s attorney’s office.
Large multi-purpose conference rooms seating ten to fifteen persons may be required
at other locations in the courthouse for use by judges, the clerk, Sheriff,
Commonwealth Attorney, or court administration.
Elsewhere in these guidelines mention has been made for the need for witness waiting
rooms and attorney/client conference rooms. This would fulfill many of the needs for
conference space needed by attorneys and the Commonwealth’s attorney. Juvenile
and domestic relations district courts, however, have special needs for conference
space where private conferences may occur between parties in child custody, neglect,
and other types of sensitive cases.
Larger conference rooms seating ten to twenty persons may be needed in the clerk’s
offices and the judges’ chambers. The judges’ conference room may double as a
small hearing room and consideration should be given to the use of flexible
furnishings. In small courthouses (one o two judges) the law library may also double
as a conference space for special meetings or events.
In all cases, the conference rooms should be sound-proofed in order to allow private
conversations that cannot be heard from outside the door or through the walls.
Conference rooms should be equipped with adequate electrical outlets and data jacks
to permit users with laptop computers to work and access local or wide area computer
networks. Larger conference rooms may also be equipped with video conferencing
equipment for the purpose of long-distance training or meetings.
C. Witness Waiting Room
Each courtroom should have two witness waiting rooms, located near the courtroom,
‘one for each side in a case.
Witnesses often must spend long periods of time waiting in court to be called to
testify, sometimes at extreme inconvenience. They deserve comfortable, secure, and
private surroundings. In many older courthouses it is not uncommon for witnesses to
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-20
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
be forced to wait in the courtroom or hallways. Often these accommodations are
uncomfortable, lack privacy, and place witnesses in positions where they may be
threatened, intimidated, or come into contact with opposing witnesses.
Witness waiting rooms should be provided in all circuit, general district and juvenile
and domestic relations district courts.
The need to protect witnesses, particularly in criminal and juvenile cases, is an
important consideration in the design of witness waiting areas. Witnesses should not
be placed in situations where they can be intimidated by defendants or other
individuals. It is also necessary to provide control over witnesses so that they are
available to testify when needed.
Attorneys on occasion need to confer in private with witnesses before they are called
to testify, and witness waiting rooms also can serve this purpose.
Witnesses are generally excluded from courtroom during the testimony of other
witnesses so that they cannot be influenced by contact with other witnesses, or by
hearing testimony given by others. Witness rooms should be constructed in a way that
isolates the rooms from courtroom sounds and activities, and should be soundproofed.
The rooms should be ventilated and well-lighted, require a minimum of 100 sq. ft.,
and hold up to four persons.
Witness waiting rooms should be equipped with a telephone jack and electrical
outlets so that witnesses might work while waiting (phones might be provided upon
request).
D. Attorney-Client Conference Room
Each courtroom should have two rooms for private conferences between attorneys
and their clients.
There should be at least two conference rooms for each courtroom. Conference rooms
should be required for circuit and juvenile and domestic relations district courtrooms;
they should be considered optional for general district courts.
Attorneys need to meet with their clients during the litigation process to discuss
matters in private. In many courthouses, these conversations must take place in
crowded corridors or even outside on the courthouse steps. Attorneys could use these
conference rooms rather than the public areas for their discussions.
In smaller courts, witness waiting rooms or jury deliberation rooms could serve
double duty. Conference rooms should be located close to the courtroom and be
accessible from public circulation. A common configuration is to have the conference
rooms accessed through the courtroom’s entry vestibule.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-20
be forced to wait in the courtroom or hallways. Often these accommodations are
uncomfortable, lack privacy, and place witnesses in positions where they may be
threatened, intimidated, or come into contact with opposing witnesses.
Witness waiting rooms should be provided in all circuit, general district and juvenile
and domestic relations district courts,
The need to protect witnesses, particularly in criminal and juvenile cases, is an
important consideration in the design of witness waiting areas. Witnesses should not
be placed in situations where they can be intimidated by defendants or other
individuals. It is also necessary to provide control over witnesses so that they are
available to testify when needed.
Attorneys on occasion need to confer in private with witnesses before they are called
to testify, and witness waiting rooms also can serve this purpose.
Witnesses are generally excluded from courtroom during the testimony of other
witnesses so that they cannot be influenced by contact with other witnesses, or by
hearing testimony given by others. Witness rooms should be constructed in a way that
isolates the rooms from courtroom sounds and activities, and should be soundproofed.
The rooms should be ventilated and well-lighted, require a minimum of 100 sq. ft…
and hold up to four persons.
Witness waiting rooms should be equipped with a telephone jack and electrical
outlets so that witnesses might work while waiting (phones might be provided upon
request).
D. — Attorney-Client Conference Room
Each courtroom should have two rooms for private conferences between attorneys
and their clients.
There should be at least two conference rooms for each courtroom. Conference rooms
should be required for circuit and juvenile and domestic relations district courtrooms;
they should be considered optional for general district courts.
Attorneys need to meet with their clients during the litigation process to discuss
matters in private. In many courthouses, these conversations must take place in
crowded corridors or even outside on the courthouse steps. Attorneys could use these
conference rooms rather than the public areas for their discussions.
In smaller courts, witness waiting rooms or jury deliberation rooms could serve
double duty. Conference rooms should be located close to the courtroom and be
accessible from public circulation, A common configuration is to have the conference
rooms accessed through the courtroom’s entry vestibule.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-21
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Jury Deliberation Suite
Vestibule
Lounge
Private Circulation
Coats
Men
Women
Deliberation
Room
The minimum space requirement should be approximately 100 sq. ft. The rooms
should be soundproofed. The rooms may be equipped with PA speakers so users can
hear public announcements.
The room should be equipped with a telephone jack and electrical outlets (phones
might be provided upon request). The installation of phone jacks permits the room to
be used for some other purpose in the future.
V. JURY OPERATIONS
A. Jury Deliberation Room
Each jury courtroom should have available a jury deliberation room which is
accessible by means of the private circulation system.
The jury deliberation room is where jurors confer to reach a verdict. It must protect
the privacy of the jurors and their deliberations from outside detection. It should also
be free from distractions and outside interference. The jury deliberation room should
be sound-proofed, well-ventilated, well lighted, and air conditioned. It should provide
visual and acoustical privacy for the jurors. To provide security, the room should not
have vented doors or transoms and should not adjoin the attorney conference or
witness waiting rooms, because of the possibility of jurors being overheard or
overhearing conversations by others. Access to and from the jury room should be
barrier-free.
To minimize contact between jurors and outside persons, the jury room should be
designed to eliminate the need for jurors to leave the room. A small service area with
kitchen counter, sink with running water, and space for a coffee machine should be
located within the room. Handicapped
accessible toilets for both men and women
should be provided. The restrooms should be
soundproofed and acoustically separated
from the room so that they may be used
without embarrassment. The doors should
not open directly into the main jury room to
preclude jurors having a direct view of the
toilet facilities. Restrooms should be
designed for use by the handicapped.
Jurors should have strict privacy while
deliberating. There should be no contact with
the public or other persons. To insure their
security, provision should be made for the
proper supervision of the jury deliberation
room by a bailiff or other court staff person.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-21
The minimum space requirement should be approximately 100 sq. ft. The rooms
should be soundproofed. The rooms may be equipped with PA speakers so users can
hear public announcements.
The room should be equipped with a telephone jack and electrical outlets (phones
might be provided upon request). The installation of phone jacks permits the room to
be used for some other purpose in the future.
V. JURY OPERATIONS
A. — Jury Deliberation Room
Each jury courtroom should have available a jury deliberation room which is
accessible by means of the private circulation system.
The jury deliberation room is where jurors confer to reach a verdict. It must protect
the privacy of the jurors and their deliberations from outside detection. It should also
be free from distractions and outside interference. The jury deliberation room should
be sound-proofed, well-ventilated, well lighted, and air conditioned. It should provide
visual and acoustical privacy for the jurors. To provide security, the room should not
have vented doors or transoms and should not adjoin the attorney conference or
witness waiting rooms, because of the possibility of jurors being overheard or
overhearing conversations by others. Access to and from the jury room should be
barrier-free.
To minimize contact between jurors and outside persons, the jury room should be
designed to eliminate the need for jurors to leave the room, A small service area with
kitchen counter, sink with running water, and space for a coffee machine should be
located within the room. Handicapped
accessible toilets for both men and women
should be provided. The restrooms should be
soundproofed and acoustically separated
from the room so that they may be used
without embarrassment, The doors should
not open directly into the main jury room to
preclude jurors having a direct view of the
toilet facilities. Restrooms should be
designed for use by the handicapped.
Vestibul
Lounge
Jurors should have strict privacy while
deliberating. There should be no contact with
the public or other persons. To insure their Private Circulation
security, provision should be made for the
proper supervision of the jury deliberation
room by a bailiff or other court staff person.
Jury Deliberation Suite
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-22
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Isle of Wight Courthouse, Jury Assembly Room
There should be a security station outside the jury deliberation room. There should
also be a signaling system so jurors are able to notify someone of any special needs or
if they have a question.
 The room should hold a conference table that accommodates 14 jurors, have
comfortable chairs, and have a blackboard and facilities such as a large video
display screen to view video recordings or electronically displayed evidence.
 If the jury deliberation room is located on the ground floor of the courthouse, it
should not have windows that would allow someone from outside to look into the
room or from which jurors could view demonstrations or persons outside the
courthouse. Windows, if any, should be high and should not open onto public
areas to prevent persons outside the courthouse from hearing the deliberations.
 In large courthouses with several circuit courtrooms it may not be necessary to
have one jury deliberation room for every jury courtroom. It is unlikely that each
court would have a jury in deliberation at the same time. A ratio of one jury
deliberation room per two or three courtrooms may be sufficient depending upon
the frequency of jury trials.
 Smaller courts with infrequent needs for jury deliberation may wish to enlarge the
jury deliberation room so that it may also serve as a jury assembly room or other
type of conference space.
 Deliberation rooms may need to be
equipped with a wall-mounted
writing, display, or projection
surface.
 Although telephones should not be
allowed in jury deliberation rooms,
at least one telephone jack should
be installed for times when the
room is not in use by jurors.
 There should be electrical outlets
and a data jack connection for a computer and video display monitor to permit the
review of transcripts and recorded evidence.
 The space required for a 14-person jury is approximately 265-400 sq. ft. including
toilet facilities and vestibule.
B. Jury Assembly
Each circuit court in which a substantial number of jury trials are held should have a
jury assembly room.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-22
There should be a security station outside the jury deliberation room. There should
also be a signaling system so jurors are able to notify someone of any special needs or
if they have a question.


The room should hold a conference table that accommodates 14 jurors, have
comfortable chairs, and have a blackboard and facilities such as a large video
display screen to view video recordings or electronically displayed evidence.


If the jury deliberation room is located on the ground floor of the courthouse, it
should not have windows that would allow someone from outside to look into the
room or from which jurors could view demonstrations or persons outside the
courthouse. Windows, if any, should be high and should not open onto public
areas to prevent persons outside the courthouse from hearing the deliberations.


In large courthouses with several circuit courtrooms it may not be necessary to
have one jury deliberation room for every jury courtroom. It is unlikely that each
court would have a jury in deliberation at the same time. A ratio of one jury
deliberation room per two or three courtrooms may be sufficient depending upon
the frequency of jury trials.


= Smaller courts with infrequent needs for jury deliberation may wish to enlarge the
jury deliberation room so that it may also serve as a jury assembly room or other
type of conference space.
= Deliberation rooms may need to be
equipped with a wall-mounted
writing, display, or projection
surface.
= Although telephones should not be
allowed in jury deliberation rooms,
at least one telephone jack should
be installed for times when the
room is not in use by jurors.
= There should be electrical outlets Isle of Wight Courthouse. Jury Assembly Room.
and a data jack connection for a computer and video display monitor to permit the
review of transcripts and recorded evidence.
= The space required for a 14-person jury is approximately 265-400 sq. ft. including
toilet facilities and vestibule.
B. Jury Assembly
Each circuit court in which a substantial number of jury trials are held should have a
jury assembly room,
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-23
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Jury duty is a public service often performed at great inconvenience to the individual.
It is also often the only contact many people will have with the justice system.
Prospective jurors should be provided a separate jury assembly room where they may
wait and receive orientation in comfort and safety.
In larger jurisdictions where several jury trials may be held on the same day, the size
of the jury pool may be large, requiring special facilities to accommodate them. In
small and rural courthouses where the number of jury trials is limited (an average of
one or two a year), no special facilities may be required other than an enlarged jury
deliberation room or large circuit courtroom.
Where the jury assembly room is not needed full-time, the room should be adaptable
to other uses such as larger conferences, meetings, or training programs.
Once assembled in the jury assembly room, jurors’ movements should be restricted.
Prospective jurors should not come into contact with parties in the cases in which
they are likely to serve because of the possibility of affecting the juror’s ability to
view the case objectively. Provisions should be made for their entertainment and
comfort. The room may be equipped with a television, comfortable chairs, tables,
refreshment center or vending machines, coat closet, and toilets.
 All facilities should be handicapped-accessible. Assistive listening devices should
be available for hearing impaired persons.
 Access to the jury assembly room should be barrier-free and access to and from
the courtroom from the assembly room should be likewise barrier-free.
 Space should be available for a variety of activities such as receiving orientation,
reading, television viewing, using laptop or notebook computers, or listening to
music or playing games on electronic devices.
 The room should contain enough chairs to provide a comfortable seat for each
prospective juror.
 The orientation area requires theater type seating and should be large enough to
seat all prospective jurors. Theater seating requires 8-10 sq. ft per juror.
 A variety of different seating may be provided. Reading and work carrels require
30 to 35 sq. ft. per person; table seating requires 25 sq. ft per person; and casual
seating 20 to 25 sq. ft per person. For early planning purposes an average of 15
sq. ft. per prospective juror should be adequate.
 The jury assembly room should be equipped with a large video display or TV to
view jury instructions and orientation. Several TV cable outlets might be provided
for televisions for use by waiting jurors. Electrical outlets and WiFi may be
provided so that jurors with notebook computers, computer tablets, or other
electronic devices may work or view entertainment while waiting.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-23
Jury duty is a public service often performed at great inconvenience to the individual.
It is also often the only contact many people will have with the justice system.
Prospective jurors should be provided a separate jury assembly room where they may
wait and receive orientation in comfort and safety.
In larger jurisdictions where several jury trials may be held on the same day, the size
of the jury pool may be large, requiring special facilities to accommodate them, In
small and rural courthouses where the number of jury trials is limited (an average of
one or two a year), no special facilities may be required other than an enlarged jury
deliberation room or large circuit courtroom.
Where the jury assembly room is not needed full-time, the room should be adaptable
to other uses such as larger conferences, meetings, or training programs.
Once assembled in the jury assembly room, jurors’ movements should be restricted.
Prospective jurors should not come into contact with parties in the cases in which
they are likely to serve because of the possibility of affecting the juror’s ability to
view the case objectively. Provisions should be made for their entertainment and
comfort. The room may be equipped with a television, comfortable chairs, tables,
refreshment center or vending machines, coat closet, and toilets.
= All facilities should be handicapped-accessible. Assistive listening devices should
be available for hearing impaired persons.
= Access to the jury assembly room should be barrier-free and access to and from
the courtroom from the assembly room should be likewise barrier-free.


Space should be available for a variety of activities such as receiving orientation,
reading, television viewing, using laptop or notebook computers, or listening to
music or playing games on electronic devices.


The room should contain enough chairs to provide a comfortable seat for each
prospective juror.


The orientation area requires theater type seating and should be large enough to
seat all prospective jurors. Theater seating requires 8-10 sq. ft per juror.


= A variety of different seating may be provided. Reading and work carrels require
30 to 35 sq. ft. per person; table seating requires 25 sq. ft per person; and casual
seating 20 to 25 sq. ft per person. For early planning purposes an average of 15
sq. ft. per prospective juror should be adequate.

The jury assembly room should be equipped with a large video display or TV to
view jury instructions and orientation. Several TV cable outlets might be provided
for televisions for use by waiting jurors. Electrical outlets and WiFi may be
provided so that jurors with notebook computers, computer tablets, or other
electronic devices may work or view entertainment while waiting.

Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-24
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
 A reception area is generally needed where jurors check in, receive badges, and
store personal belongings. The size of the adjacent workstation should be
sufficient for clerks to call jury panels, prepare jury lists, and arrange payment to
jurors.
 The rooms should be well ventilated and acoustically treated to lower interior
noise and reduce disruptions to adjacent offices.
 Natural light is desirable, although if located on the ground floor, windows should
be high to prohibit persons outside from communicating with potential jurors.
 Jury assembly areas are best located on a lower floor of the courthouse; but not in
the basement. They should be easily accessible from the main public entrance. For
convenience, it is helpful if the assembly room is near the snack bar or vending
area, if a vending area is not provided within the jury assembly area.
C. Grand Jury Room
One jury deliberation room in each circuit courthouse should be designed to
accommodate grand juries. ln the largest circuit courts in the Commonwealth, where
grand juries regularly meet during each term of court, consideration may be given to
providing a room dedicated solely to the grand jury’s use.
The major responsibility of the grand jury is to determine whether the
Commonwealth’s Attorney has sufficient evidence on which to prosecute a suspect.
The grand jury consists of five to seven individuals and may sit for several days each
month. A special grand jury consisting of seven to eleven citizens may be called by
the circuit court to investigate criminal activities. They are generally impaneled in the
courtroom by the judge, and convene to listen to evidence given by prosecution
witnesses. Indictments are usually presented to the judge in open court. Present in the
grand jury room are the witness, court reporter, and (at certain times) the prosecuting
attorney.
The grand jury room should be a private, secure room, and may be located near the
Commonwealth’s Attorney’s office. All spaces in the room should he acoustically
soundproof and should not be located where the public can see or hear the
proceedings. Adjacent to the grand jury room, but acoustically private, should be a
witness waiting room.
Grand jurors should be comfortable and have the same requirements for secure toilet
facilities, refreshments, and environmental controls as petit jurors.
VI. JUDICIAL CHAMBERS
The group of offices provided for the judge and his or her personal staff is referred to as the
judge’s chambers. Personal staff may include a judicial secretary and/or law clerk. The
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-24
= A reception area is generally needed where jurors check in, receive badges, and
store personal belongings. The size of the adjacent workstation should be
sufficient for clerks to call jury panels, prepare jury lists, and arrange payment to
jurors.

The rooms should be well ventilated and acoustically treated to lower interior
noise and reduce disruptions to adjacent offices.

= Natural light is desirable, although if located on the ground floor, windows should
be high to prohibit persons outside from communicating with potential jurors.
= Jury assembly areas are best located on a lower floor of the courthouse; but not in
the basement, They should be easily accessible from the main public entrance. For
convenience, it is helpful if the assembly room is near the snack bar or vending
area, if a vending area is not provided within the jury assembly area.
C. Grand Jury Room
One jury deliberation room in each circuit courthouse should be designed to
accommodate grand juries. In the largest circuit courts in the Commonwealth, where
grand juries regularly meet during each term of court, consideration may be given to
providing a room dedicated solely to the grand jury’s use.
The major responsibility of the grand jury is to determine whether the
‘Commonwealth’s Attorney has sufficient evidence on which to prosecute a suspect.
The grand jury consists of five to seven individuals and may sit for several days each
month. A special grand jury consisting of seven to eleven citizens may be called by
the circuit court to investigate criminal activities. They are generally impaneled in the
courtroom by the judge, and convene to listen to evidence given by prosecution
witnesses. Indictments are usually presented to the judge in open court. Present in the
grand jury room are the witness, court reporter, and (at certain times) the prosecuting
attomey.
The grand jury room should be a private, secure room, and may be located near the
Commonwealth’s Attorney’s office. All spaces in the room should he acoustically
soundproof and should not be located where the public can see or hear the
proceedings. Adjacent to the grand jury room, but acoustically private, should be a
witness waiting room.
Grand jurors should be comfortable and have the same requirements for secure toilet
facilities, refreshments, and environmental controls as petit jurors.
VI. JUDICIAL CHAMBERS
The group of offices provided for the judge and his or her personal staff is referred to as the
judge’s chambers. Personal staff may include a judicial secretary and/or law clerk. The
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-25
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
location, size, and furnishings of the judge’s chambers should reflect the dignity and
importance of the judiciary.
There should be a private office for each
resident judge in the courthouse.
When not presiding in the courtroom, the
judge’s work includes legal research,
preparation of opinions or judgments,
preparation for upcoming hearings and
trials, review and study of case files and
records, and meetings and conferences
with attorneys and court personnel.
There should be sufficient space for study,
case preparation, and personal library and
reference materials. The office also needs to be able to accommodate informal conferences
between the judge and attorneys and court staff. Larger conference space may be located
outside the judge’s office and shared with other judges or offices in the court.
The office should accommodate the judge’s desk and work space, files, personal library, an
informal conference area for at least four persons, coat storage and a restroom.
Generally, space requirements range from 300-380 sq. ft.
Equipment will include a personal computer with monitor and keyboard, personal
computer, a printer, document scanner, and facsimile machine. The judge’s office should
have two data jacks and at least one phone jack. Future judges’ offices may also be
equipped for video conferencing.
The judge should be conveniently located to the courtroom and be able to access the
courtroom by means of the private circulation system.
It is customary for judicial chambers to be located on a private corridor immediately behind
the courtroom(s), although it is permissible to locate several chambers together on a court
floor into a collegial suite in an effort to more easily share common support operations.
In some larger urban courthouses, such as Norfolk, the judicial chambers have been located
on a separate judicial, or collegial, floor. The advantage of this is that judges can more
easily share common resources, increased security, and a single point of public access to the
judicial areas.
Keeping the chambers close to the courtrooms allows judges to robe in private before
entering the courtroom. During recesses or other breaks in courtroom proceedings the judge
also can quickly retire to his or her office to handle other matters and it makes it easier for
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-25
location, size, and furnishings of the judge’s chambers should reflect the dignity and
importance of the judiciary.
Public Circulation
‘There should be a private office for each ve
resident judge in the courthouse.
When not presiding in the courtroom, the
judge’s work includes legal research, an
preparation of opinions or judgments,
preparation for upcoming hearings and
trials, review and study of case files and
records, and meetings and conferences
with attomeys and court personnel
‘There should be sufficient space for study, Judicial Suite
case preparation, and personal library and
reference materials. The office also needs to be able to accommodate informal conferences
between the judge and attorneys and court staff. Larger conference space may be located
outside the judge’s office and shared with other judges or offices in the court.
The office should accommodate the judge’s desk and work space, files, personal library, an
informal conference area for at least four persons, coat storage and a restroom.
Generally, space requirements range from 300-380 sq. ft.
Equipment will include a personal computer with monitor and keyboard, personal
computer, a printer, document scanner, and facsimile machine. The judge’s office should
have two data jacks and at least one phone jack. Future judges’ offices may also be
equipped for video conferencing.
The judge should be conveniently located to the courtroom and be able to access the
courtroom by means of the private circulation system.
It is customary for judicial chambers to be located on a private corridor immediately behind
the courtroom(s), although it is permissible to locate several chambers together on a court
floor into a collegial suite in an effort to more easily share common support operations.
In some larger urban courthouses, such as Norfolk, the judicial chambers have been located
ona separate judicial, or collegial, floor. The advantage of this is that judges can more
easily share common resources, increased security, and a single point of public access to the
judicial areas,
Keeping the chambers close to the courtrooms allows judges to robe in private before
entering the courtroom. During recesses or other breaks in courtroom proceedings the judge
also can quickly retire to his or her office to handle other matters and it makes it easier for
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-26
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
judges to hold private conferences with attorneys if the chambers are close to the
courtrooms.
There should be a private, secure
corridor between the building’s judicial
entrance and the judges’ chambers.
Security is of great concern. Judges
should be able to enter and exit the
building inconspicuously and should not
be required to encounter the public,
attorneys, or prisoners being brought to
court while entering the courtroom or his
or her chambers. The private circulation
system should extend from the judicial
chambers to the main judicial entrance
(usually the judicial parking area).
Each judge’s chamber should be equipped with a private restroom or the judge should have
access to one that is convenient and where public access is restricted.
For security reasons the judge should remain separated from the public. In small older
courthouses it may be acceptable for the judge to share a private restroom with court staff.
Public access should remain restricted. Generally, 49 - 64 sq. ft. is needed for a private
restroom.
Each judicial chambers area should have a secured, controlled entrance from public
circulation where attorneys and other visitors can be screened.
There should be an entrance to the judicial chambers area from public circulation so that
attorneys and other are able to meet with judges in their chambers. Persons entering the
chambers area should be screened and if possible escorted back to the judge’s office. This
may be done by a bailiff, security officer, or judicial secretary or other staff person.  When
several judges share one or more secretaries, a central reception area may be used. Access
to the judges’ chambers from this reception area should be controlled by a security door or
monitored by the judge’s secretary or security personnel.
Each circuit court judge’s chamber should be equipped with space for a judicial secretary.
Not all judges have a judicial secretary, but sufficient space should be allowed for a judicial
secretary, if one is provided, for each judge. The secretary’s office should be located
outside and adjacent to the judge’s private office and should also serve as the visitor
reception area. It should be large enough to accommodate a desk, computer workstation,
video display monitor, printer, document scanner, several filing cabinets, and bookcase or
equipment cabinet. Generally 150-200 sq. ft. should be adequate, depending upon the size
of the reception area.
Judge’s Office, Portsmouth J&DR Court
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-26
judges to hold private conferences with attorneys if the chambers are close to the
courtrooms.
There should be a private, secure
corridor between the building’s judicial
entrance and the judges’ chambers.
Security is of great concern. Judges
should be able to enter and exit the
building inconspicuously and should not
be required to encounter the public,
attorneys, or prisoners being brought to
court while entering the courtroom or his
or her chambers. The private circulation
system should extend from the judicial
chambers to the main judicial entrance
(usually the judicial parking area). Judge’s Office, Portsmouth J&DR Court
Each judge’s chamber should be equipped with a private restroom or the judge should have
access to one that is convenient and where public access is restricted.
For security reasons the judge should remain separated from the public. In small older
courthouses it may be acceptable for the judge to share a private restroom with court staff.
Public access should remain restricted. Generally, 49 - 64 sq. ft. is needed for a private
restroom.
Each judicial chambers area should have a secured, controlled entrance from public
circulation where attorneys and other visitors can be screened.
There should be an entrance to the judicial chambers area from public circulation so that
attorneys and other are able to meet with judges in their chambers. Persons entering the
chambers area should be screened and if possible escorted back to the judge’s office. This
may be done by a bailiff, security officer, or judicial secretary or other staff person. When
several judges share one or more secretaries, a central reception area may be used. Access
to the judges’ chambers from this reception area should be controlled by a security door or
monitored by the judge’s secretary or security personnel.
Each circuit court judge’s chamber should be equipped with space for a judicial secretary.
Not all judges have a judicial secretary, but sufficient space should be allowed for a judicial
secretary, if one is provided, for each judge. The secretary’s office should be located
outside and adjacent to the judge’s private office and should also serve as the visitor
reception area. It should be large enough to accommodate a desk, computer workstation,
video display monitor, printer, document scanner, several filing cabinets, and bookcase or
equipment cabinet. Generally 150-200 sq. ft. should be adequate, depending upon the size
of the reception area.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-27
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Each secretarial, clerk, or law clerk workstation should have at least two quadriplex
electrical outlets, two data jacks, and one phone jack.
The judge’s office should be soundproofed, adequately heated, cooled, ventilated, and
receive natural lighting.
Much of the judge’s work requires quiet and a distraction-free environment. Additionally,
conversations with other judges, attorneys and litigants regarding pending cases may be
confidential. For these reasons the judge’s private office should be constructed to be
soundproof and relatively quiet. It should not have transoms or vented doors. Normal
conversations held within the offices should not be able to be heard by persons seated
outside the room.
Environmental controls for the office should be located within the chambers.
Sufficient space should be provided for law clerk and bailiff, if required.
Some courts, particularly larger, urban circuit courts provide law clerks and a bailiff for the
judges. A bailiff would require approximately 80-100 sq. ft. for an open workstation located
adjacent to the judge’s private office, while a law clerk requires space to perform legal
research and review case files.  A private office of approximately 100-120 sq. ft is required.
Each workstation should have at least two quadruplex electrical outlets, two data jacks, and
one phone jack.
VII. COURT REPORTER’S OFFICE
Where court reporters are on the court’s payroll, each reporter should have a separate
private office in which to transcribe court proceedings and to store equipment.
Most courts in Virginia make use of audio recording systems or free-lance court reporters
and offices for a court reporter are generally not included in the courthouse. All circuit
court criminal proceedings are recorded, while civil matters are reported at the discretion of
the parties. Although the district courts are not “courts of record”, some district courts make
use of audio recording equipment.
Where court reporters are part of the court’s staff, each reporter should have a private office
in which to transcribe their notes or tapes and store their equipment. In courts that make use
of free-lance reporters, consideration may be given to providing the reporters with space in
which to work prior to court and during court recesses. This is optional on the part of the
local governing body.
If provided, offices should be located near the courtroom so that the reporter can quickly
move back and forth as required. Because the work requires concentration, offices should
be soundproofed, and provide a comfortable work environment. Space should be provided
for a desk, personal computer with video display monitor and storage cabinets to hold the
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-27
Vu.
Each secretarial, clerk, or law clerk workstation should have at least two quadriplex
electrical outlets, two data jacks, and one phone jack.
The judge’s office should be soundproofed, adequately heated, cooled, ventilated, and
receive natural lighting.
Much of the judge’s work requires quiet and a distraction-free environment. Additionally,
conversations with other judges, attorneys and litigants regarding pending cases may be
confidential. For these reasons the judge’s private office should be constructed to be
soundproof and relatively quiet. It should not have transoms or vented doors. Normal
conversations held within the offices should not be able to be heard by persons seated
outside the room,
Environmental controls for the office should be located within the chambers.
Sufficient space should be provided for law clerk and bailiff, if required.
Some courts, particularly larger, urban circuit courts provide law clerks and a bailiff for the
judges. A bailiff would require approximately 80-100 sq. ft. for an open workstation located
adjacent to the judge’s private office, while a law clerk requires space to perform legal
research and review case files. A private office of approximately 100-120 sq. ft is required.
Each workstation should have at least two quadruplex electrical outlets, two data jacks, and
‘one phone jack.
COURT REPORTER’S OFFICE
Where court reporters are on the court’s payroll, each reporter should have a separate
private office in which to transcribe court proceedings and to store equipment.
Most courts in Virginia make use of audio recording systems or free-lance court reporters
and offices for a court reporter are generally not included in the courthouse. All circuit
court criminal proceedings are recorded, while civil matters are reported at the discretion of
the parties. Although the district courts are not “courts of record”, some district courts make
use of audio recording equipment.
Where court reporters are part of the court’s staff, each reporter should have a private office
in which to transcribe their notes or tapes and store their equipment. In courts that make use
of free-lance reporters, consideration may be given to providing the reporters with space in
which to work prior to court and during court recesses. This is optional on the part of the
local governing body.
If provided, offices should be located near the courtroom so that the reporter can quickly
move back and forth as required. Because the work requires concentration, offices should
be soundproofed, and provide a comfortable work environment. Space should be provided
for a desk, personal computer with video display monitor and storage cabinets to hold the
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-28
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
reporter’s notes or tapes or other storage devices. Each office should be approximately 120-
150 sq.
VIII. CLERK OF COURT
Separate clerk’s offices serve the circuit and district courts; however the clerks’ offices for
certain general district and juvenile and domestic relations district courts in Virginia may be
combined. The circuit clerk is an elected official while the two district court clerks are
appointed state employees of the Virginia judicial system. In smaller jurisdictions the two
district court clerks’ offices may be combined under a single clerk.
The court clerk’s office for each court is accountable for all of the business activities and
record keeping functions of that court. Clerks collect all court fees and fines. Circuit Clerks
have additional responsibilities beyond those of “clerk of the court,” such as maintaining
land records, issuing licenses such as marriage licenses and docketing judgments from other
courts and appeals from the district court. The number and scope of the functions
performed by each clerk’s office varies depending on the court’s jurisdiction and the size of
the clerk’s staff. The number of staff may range from two or three to over 100 employees.
Each office should be designed to promote a smooth and efficient work flow. In small
offices, staff normally is cross trained to perform several functions, while in larger offices
greater specialization is common. Therefore, as the size of the office increases more spatial
differentiation between activities is required.
In support of the court’s judicial activities the clerk receives and processes pleadings and
documents to initiate court cases as well as all subsequent filings in support of on-going
litigation.
Circuit court clerks in Virginia also are responsible for non-court related recording
functions, such as recording of deeds and issuance of marriage licenses. These records must
be received, processed, indexed, and stored securely, while providing convenient public
access. More and more court records and documents are being received and stored
electronically, requiring deputy clerks to spend more time working with documents using a
computer instead of receiving documents at the public counter.
General district courts are high volume courts that process large numbers of traffic and
misdemeanor cases, while juvenile and domestic relations district court matters involve
children and families, and many of these records are confidential requiring secure locked
storage.
Clerks’ offices should be in a highly visible location and easily accessed from the
building’s main public entrance. As a general rule, the clerk should be located on the first
floor whenever possible. At the same time, the location of the clerk’s office should allow
convenient staff access to other areas of the building. When more than one clerk’s office is
to be located in the courthouse, the office with the greatest volume of traffic should be
located nearest the main public entrance.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-28
reporter’s notes or tapes or other storage devices. Each office should be approximately 120-
150 sq.
VIII. CLERK OF COURT
Separate clerk’s offices serve the circuit and district courts; however the clerks’ offices for
certain general district and juvenile and domestic relations district courts in Virginia may be
combined. The circuit clerk is an elected official while the two district court clerks are
appointed state employees of the Virginia judicial system. In smaller jurisdictions the two
district court clerks’ offices may be combined under a single clerk.
The court clerk’s office for each court is accountable for all of the business activities and
record keeping functions of that court. Clerks collect all court fees and fines. Circuit Clerks
have additional responsibilities beyond those of “clerk of the court,” such as maintaining
land records, issuing licenses such as marriage licenses and docketing judgments from other
courts and appeals from the district court, The number and scope of the functions
performed by each clerk’s office varies depending on the court’s jurisdiction and the size of
the clerk’s staff. The number of staff may range from two or three to over 100 employees.
Each office should be designed to promote a smooth and efficient work flow. In small
offices, staff normally is cross trained to perform several functions, while in larger offices
greater specialization is common. Therefore, as the size of the office increases more spatial
differentiation between activities is required.
In support of the court’s judicial activities the clerk receives and processes pleadings and
documents to initiate court cases as well as all subsequent filings in support of on-going
litigation.
Circuit court clerks in Virginia also are responsible for non-court related recording
functions, such as recording of deeds and issuance of marriage licenses. These records must
be received, processed, indexed, and stored securely, while providing convenient public
access. More and more court records and documents are being received and stored
electronically, requiring deputy clerks to spend more time working with documents using a
computer instead of receiving documents at the public counter.
General district courts are high volume courts that process large numbers of traffic and
misdemeanor cases, while juvenile and domestic relations district court matters involve
children and families, and many of these records are confidential requiring secure locked
storage.
Clerks’ offices should be in a highly visible location and easily accessed from the
building’s main public entrance. As a general rule, the clerk should be located on the first
floor whenever possible. At the same time, the location of the clerk’s office should allow
convenient staff access to other areas of the building. When more than one clerk’s office is
to be located in the courthouse, the office with the greatest volume of traffic should be
located nearest the main public entrance.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-29
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
It is common practice to locate each clerk’s office near the court it serves. This makes it
easier for the clerks to service the courtrooms and facilitates fine payments after court.
Where the clerk may be separated from the courtroom, particularly with the two district
court clerks, a special fine payment window that is staffed during court hours may be
located adjacent to the courtroom to make it easier for persons to pay their fines before
leaving court.
Alternatively it is permissible for all clerks’ offices to be located together on the first floor
thus providing greater convenience to the public, attorneys, and litigants needing to conduct
business with the clerk. Such an arrangement also permits the clerks to share common
support functions such as rest rooms and break areas.
Spaces in each clerk’s office can be classified as (1) public access, (2) staff-only areas, or
(3) controlled public access. Public access areas include the reception and waiting areas and
the public counter. The public also requires access to land records, judgments, liens, and
other recordings in the circuit clerk’s office and to case records in the circuit and general
district courts.  In the juvenile court, limited public access may be required for access to
adult records.
Staff-only areas include staff workstations, some judicial records storage, the exhibit room,
computer equipment room, supplies storage; photocopy machine, sorting areas and other
behind-the-counter staff work areas and the employee’s break room.
Controlled access should be afforded to the clerk’s private office and deputy clerks’
workstations so that visitors can be received in an orderly and professional manner. Another
area requiring controlled access is the probate office in the circuit clerk’s office and court
case files.
Each clerk’s office should have its own controls for heating, cooling, and ventilation
systems as well as lighting appropriate for the various work stations.
Zoned heating and cooling systems within a courthouse are important for comfort as well as
energy conservation. Energy can be saved when heating or air conditioning is turned down
in an idle courtroom, however, work goes on in the clerk’s office and the air temperature
should be controllable.
Lighting requirements may vary in different parts of the office depending on the type of
activity being pursued. Glare should be reduced wherever employees are working at
computer terminals or using video display monitors. In areas where the public is reviewing
land records and other paper documents maximum lighting is needed.
Acoustics should be designed to mute sound from walking and conversation that could
distract workers or researchers.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-29
It is common practice to locate each clerk’s office near the court it serves. This makes it
easier for the clerks to service the courtrooms and facilitates fine payments after court,
Where the clerk may be separated from the courtroom, particularly with the two district
court clerks, a special fine payment window that is staffed during court hours may be
located adjacent to the courtroom to make it easier for persons to pay their fines before
leaving court.
Alternatively it is permissible for all clerks’ offices to be located together on the first floor
thus providing greater convenience to the public, attorneys, and litigants needing to conduct
business with the clerk. Such an arrangement also permits the clerks to share common
support functions such as rest rooms and break areas.
Spaces in each clerk’s office can be classified as (1) public access, (2) staff-only areas, or
(3) controlled public access. Public access areas include the reception and waiting areas and
the public counter. The public also requires access to land records, judgments, liens, and
other recordings in the circuit clerk’s office and to case records in the circuit and general
district courts. In the juvenile court, limited public access may be required for access to
adult records.
Staff-only areas include staff workstations, some judicial records storage, the exhibit room,
computer equipment room, supplies storage; photocopy machine, sorting areas and other
behind-the-counter staff work areas and the employee’s break room.
Controlled access should be afforded to the clerk’s private office and deputy clerks’
workstations so that visitors can be received in an orderly and professional manner. Another
area requiring controlled access is the probate office in the circuit clerk’s office and court
case files.
Each clerk’s office should have its own controls for heating, cooling, and ventilation
systems as well as lighting appropriate for the various work stations.
Zoned heating and cooling systems within a courthouse are important for comfort as well as
energy conservation. Energy can be saved when heating or air conditioning is turned down
in an idle courtroom, however, work goes on in the clerk’s office and the air temperature
should be controllable,
Lighting requirements may vary in different parts of the office depending on the type of
activity being pursued. Glare should be reduced wherever employees are working at
computer terminals or using video display monitors. In areas where the public is reviewing
land records and other paper documents maximum lighting is needed.
Acoustics should be designed to mute sound from walking and conversation that could
distract workers or researchers.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-30
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Public Transaction County, Isle of Wight Courthouse
Carpeting, acoustical ceiling tiles, and wall treatment designed to muffle sound are
appropriate for various parts of the clerk’s office, particularly in high traffic and equipment
areas.
Where the work requires a high degree of concentration and low interaction with other staff
members, barriers such as sound-absorbing room dividers may be used. Semi-private
offices are another possibility but offer less flexibility in rearranging the office layout as
needs change.
A. Public Counters
The public reception or waiting area and the public counter should be highly visible
and large enough to accommodate anticipated needs.
The public reception and counter areas is where most business is transacted. The
public counter separates the general office area from the public area. The reception or
waiting area on the public side of the counter should be large enough to avoid
crowding and should be furnished with chairs or benches if waiting periods of five
minutes or more are anticipated. Other features might include writing tables if
individuals need to prepare forms and provision for public access computer terminals.
On the private side of the counter space is needed for several individual workstations
that include a computer, display terminal, printer, scanner, and cash register. Under
counter areas can be useful for the storage of forms and supplies used at the counter.
There are generally several
counter positions so that more
than one person may be
served at the same time.
Persons on the public side of
the counter usually are
standing. Deputy clerks on the
private side of the counter
may either stand or be seated.
A stand up counter is
normally 40" high with a 24”
wide writing surface. A sit
down counter is desk height
and useful for interview-type
contact when a member of the clerk’s staff is receiving information from an
individual for various applications and a private setting is unnecessary.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-30
Carpeting, acoustical ceiling tiles, and wall treatment designed to muffle sound are
appropriate for various parts of the clerk’s office, particularly in high traffic and equipment
areas.
Where the work requires a high degree of concentration and low interaction with other staff
members, barriers such
sound-absorbing room dividers may be used. Semi-private
offices are another possibility but offer less flexibility in rearranging the office layout as
needs change.
A. Public Counters
The public reception or waiting area and the public counter should be highly visible
and large enough to accommodate anticipated needs.
The public reception and counter areas is where most business is transacted. The
public counter separates the general office area from the public area, The reception or
waiting area on the public side of the counter should be large enough to avoid
crowding and should be furnished with chairs or benches if waiting periods of five
minutes or more are anticipated. Other features might include writing tables if
individuals need to prepare forms and provision for public access computer terminals.
On the private side of the counter space is needed for several individual workstations
that include a computer, display terminal, printer, scanner, and cash register. Under
counter areas can be useful for the storage of forms and supplies used at the counter.
There are generally several
than one person may be
served at the same time.
Persons on the public side of
the counter usually are
standing. Deputy clerks on the
private side of the counter
may either stand or be seated.
A stand up counter is
normally 40" high with a 24”
wide writing surface. A sit
down counter is desk height
and useful for interview-type Public Transaction County, se of Wight Courthouse
contact when a member of the clerk’s staff is receiving information from an
individual for various applications and a private setting is unnecessary.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-31
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Public Counter, Portsmouth Circuit Clerk
A split-level counter offers an opportunity for staff members to be seated at a work
station on the office side and a customer to approach a stand up counter. This
arrangement has the potential for improved space utilization and quicker response.
This arrangement is also more appropriate where one or more deputy clerks are
permanently assigned to work at the public counter.
A decision must be made as to
whether the public counter will
be open with no barrier or
closed with a glass barrier
between the public and the
deputy clerks. The former
design is often preferred by
circuit clerks while district
clerks often prefer the latter
design.
At least one position at the
counter should be lowered to
allow wheelchair access by the
public.
The counter may be located fully within the clerk’s office or built into a wall opening
on to a public corridor. In the latter case, a secure closure should be installed for non-
office hours security.
Each public counter station should be equipped to handle money transactions.
Counter workstations should have the capability of including a computer, video
display monitor, document scanner, and printer. Generally it should be assumed that
each workstation will require at least two data and one voice line (3 CAT 6 lines), and
a minimum of two quadriplex electrical outlets. Specialized workstations may require
additional electrical outlets. Because of the heat generated by electrical equipment,
steps should be taken to ensure that equipment is cooled. Plans should include room
for considerable growth in electrical demand.
In general district courts where fines are imposed on a large number of traffic
offenders a semi-secure fine payment area adjacent to the courtroom is often used to
ensure that defendants take care of payment arrangements before leaving the
courthouse. This payment area reduces the need for security personnel to escort
individuals until their transactions are completed.
Judicial and non-judicial records should be reviewed by the public in controlled areas
to permit staff monitoring and staff assistance when needed.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-31
A split-level counter offers an opportunity for staff members to be seated at a work
station on the office side and a customer to approach a stand up counter. This
arrangement has the potential for improved space utilization and quicker response.
This arrangement is also more appropriate where one or more deputy clerks are
permanently assigned to work at the public counter.
A decision must be made as to
whether the public counter will
be open with no barrier or
closed with a glass barrier
between the public and the
deputy clerks. The former
design is often preferred by
circuit clerks while district
clerks often prefer the latter
design.
At least one position at the
counter should be lowered to
allow wheelchair access by the Public Counter, Portsmouth Circuit Clerk
public.
The counter may be located fully within the clerk’s office or built into a wall opening
on to a public corridor. In the latter case, a secure closure should be installed for non-
office hours security.
Each public counter station should be equipped to handle money transactions.
Counter workstations should have the capability of including a computer, video
display monitor, document scanner, and printer, Generally it should be assumed that
each workstation will require at least two data and one voice line (3 CAT 6 lines), and
a minimum of two quadriplex electrical outlets. Specialized workstations may require
additional electrical outlets. Because of the heat generated by electrical equipment,
steps should be taken to ensure that equipment is cooled. Plans should include room
for considerable growth in electrical demand.
In general district courts where fines are imposed on a large number of traffic
offenders a semi-secure fine payment area adjacent to the courtroom is often used to
ensure that defendants take care of payment arrangements before leaving the
courthouse. This payment area reduces the need for security personnel to escort
individuals until their transactions are completed.
Judicial and non-judicial records should be reviewed by the public in controlled areas
to permit staff monitoring and staff assistance when needed.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-32
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
In the land records area of the circuit clerk’s offices, information storage technologies
are rapidly supplanting the need for vast counter areas to review oversized indexes
and document books but substantial space is still required for microform readers,
reader/ printers and computer terminals and printers to view microfilmed and imaged
documents. Even in the most advanced courts, total conversion to new technologies
will take time so adequate space for storage of existing books may still be required.
Entry and exit to the public records room cannot be strictly controlled but it should be
designed so that monitoring can occur as needed and researchers can be offered
assistance when necessary.
Review areas for judicial records in all three courts should also be placed to permit
staff monitoring in a controlled area.
B. Signage
Signs directing members of the public to various functions of the clerk’s office should
be of a consistent design and clear in their instructional content.
Appropriate signage can be very helpful both to the public and the staff. Signs can
smooth the workflow and lessen the need for interaction with the public. The court
customer will more often know where to go for specific court activities and questions
seeking direction can be reduced causing fewer staff interruptions.
Signs over the counter will place people at the proper position for various types of
transactions with the clerk’s office, so there is some likelihood that the staff member
approaching the counter will know the nature of the person’s business. In busy courts,
signs could avoid persons waiting in the wrong line and having to be re-directed to
another location.
Temporary, hand written signs should be avoided.
C. Staff Work Spaces
Staff work spaces should be designed with sufficient flexibility to accommodate
increases in staff or changes in organizational structure.
The clerk’s staff is either engaged in public contact work over the counter or internal
administrative functions, which involves document processing, accounting, or
telephone communications. Some of the jobs should be done out of public view, such
as money counting and confidential case processing. Some tasks require special
equipment such as sorting for filing and processing both incoming and outgoing mail.
Space requirements are generally estimated at about 48-70 sq. ft. per clerk, excluding
public areas. While the Clerk and Chief Deputy Clerks will have private offices all
other work positions should be open workstations.
Each clerk of court should be provided a private office.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-32
In the land records area of the circuit clerk’s offices, information storage technologies
are rapidly supplanting the need for vast counter areas to review oversized indexes
and document books but substantial space is still required for microform readers,
reader/ printers and computer terminals and printers to view microfilmed and imaged
documents. Even in the most advanced courts, total conversion to new technologies
will take time so adequate space for storage of existing books may still be required.
Entry and exit to the public records room cannot be strictly controlled but it should be
designed so that monitoring can occur as needed and researchers can be offered
assistance when necessary.
Review areas for judicial records in all three courts should also be placed to permit
staff monitoring in a controlled area.
Signage
Signs directing members of the public to various functions of the clerk’s office should
be of a consistent design and clear in their instructional content.
‘Appropriate signage can be very helpful both to the public and the staff. Signs can
smooth the workflow and lessen the need for interaction with the public. The court
customer will more often know where to go for specific court activities and questions
seeking direction can be reduced causing fewer staff interruptions.
Signs over the counter will place people at the proper position for various types of
transactions with the clerk’s office, so there is some likelihood that the staff member
approaching the counter will know the nature of the person’s business. In busy courts,
signs could avoid persons waiting in the wrong line and having to be re-directed to
another location.
‘Temporary, hand written signs should be avoided.
Staff Work Spaces
Staff work spaces should be designed with sufficient flexibility to accommodate
increases in staff or changes in organizational structure.
The clerk’s staff is either engaged in public contact work over the counter or internal
administrative functions, which involves document processing, accounting, or
telephone communications. Some of the jobs should be done out of public view, such
as money counting and confidential case processing. Some tasks require special
equipment such as sorting for filing and processing both incoming and outgoing mail
Space requirements are generally estimated at about 48-70 sq. ft. per clerk, excluding
public areas. While the Clerk and Chief Deputy Clerks will have private offices all
other work positions should be open workstations.
Each clerk of court should be provided a private office.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-33
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Records Room, Isle of Wight Courthouse
The size or type of court does not necessarily determine the size or need for a private
office for the clerk of court since all clerks generally have a similar scope of
responsibility and need to conduct business in private on occasion, although as a
Constitutional elected official the circuit clerk may be afforded a slightly larger office
similar to that of a judge. The clerk’s private office should have a window that
permits the clerk to view the staff work areas and the public counter if possible.
Total space needed for the clerk’s private office is 180-240 sq. ft. (circuit clerks 300-
380 sq. ft.)
In larger courts where the clerk has a private secretary or administrative assistant, a
secretarial workstation should be provided that will accommodate several pieces of
equipment including a desk, phone, personal computer with video display, and
correspondence filing equipment. Approximately 100 sq. ft. is required for the
working area and 15 sq. ft. per person for the waiting or reception area.
A semi-private office for supervisory conferences and for dealing with confidential or
sensitive matters should be provided for the chief deputy clerk.
A chief deputy clerk is often the line supervisor in the clerk’s office. Management
effectiveness can be significantly increased with an appropriate office space for this
individual. The chief deputy clerk’s office may be located adjacent to the clerk of
court’s office or in another location within the main office complex. Placement may
be a function of the size of the office and whether it is envisioned that the clerk’s
secretary will also serve the chief deputy on a regular basis. The office should be
approximately 130-150 sq. ft.
D. Records Storage
Active case files should be located behind the counter within the private areas of the
clerk’s office where they are
readily accessible by deputy clerks.
The size, in filing inches, of the
active filing system should be
calculated based on the annual
quantity of filed material, average
active life of cases in each case
type, and the clerk’s judgment as
to how long closed files should be
retained in the active system.
Courts are transitioning to
electronic case files in Virginia,
but paper case files are still in use in many jurisdictions at this time and older cases
will still need to be stored. The maximum size of the active filing system for court
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-33
The size or type of court does not necessarily determine the size or need for a private
office for the clerk of court since all clerks generally have a similar scope of
responsibility and need to conduct business in private on occasion, although as a
Constitutional elected official the circuit clerk may be afforded a slightly larger office
similar to that of a judge. The clerk’s private office should have a window that
permits the clerk to view the staff work areas and the public counter if possible.
Total space needed for the clerk’s private office is 180-240 sq. ft. (circuit clerks 300-
380 sq. ft.)
In larger courts where the clerk has a private secretary or administrative assistant, a
secretarial workstation should be provided that will accommodate several pieces of
equipment including a desk, phone, personal computer with video display, and
correspondence filing equipment. Approximately 100 sq. ft. is required for the
working area and 15 sq. ft. per person for the waiting or reception area.
A semi-private office for supervisory conferences and for dealing with confidential or
sensitive matters should be provided for the chief deputy clerk.
A chief deputy clerk is often the line supervisor in the clerk’s office. Management
effectiveness can be significantly increased with an appropriate office space for this
individual. The chief deputy cletk’s office may be located adjacent to the clerk of
court’s office or in another location within the main office complex. Placement may
be a function of the size of the office and whether it is envisioned that the clerk’s
secretary will also serve the chief deputy on a regular basis. The office should be
approximately 130-150 sq. ft
D. Records Storage
‘Active case files should be located behind the counter within the private areas of the
clerk’s office where they are
readily accessible by deputy clerks.
v=|
The size, in filing inches, of the
active filing system should be
calculated based on the annual
quantity of filed material, average
active life of cases in each case
type, and the clerk’s judgment as
to how long closed files should be
retained in the active system.
Courts are transitioning to Records Room, se of Wight Courthouse
electronic case files in Virginia,
but paper case files are still in use in many jurisdictions at this time and older cases
will still need to be stored. The maximum size of the active filing system for court
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-34
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
case files should be defined based on appropriate calculations and projections. Floor
space requirements should be determined based on the use of movable open shelf
filing units. Once court cases are closed they may be moved to an inactive records
storage area.
It has been traditional for court case files to be stored in a records vault, but with the
advent of electronic case files this is no longer necessary. Paper files may be stored in
an open area within the clerk’s office. Some juvenile court records are confidential
and must be secured in locked storage units.
Inactive court records should be stored in an inactive records storage area that affords
relatively convenient access.
Inactive records that may not be destroyed should be transferred to storage outside the
clerk’s office. To maximize space utilization, a system of warehouse-type shelving
and one cubic foot records storage boxes is recommended for inactive/closed paper
case files awaiting transfer to archives or destruction in accordance with approved
court records retention schedules. The less bulky court case indices and related docket
sheets or case histories are normally stored for lengthy periods in the clerk’s office.
E. Exhibit Storage
Exhibits received by the court as evidence in criminal cases and civil litigation should
have their own special, secure storage area.
The storage and eventual return or destruction of exhibits is a responsibility of each
clerk of court in Virginia. Exhibits are one-of-a-kind irreplaceable items and should
never be loosely stored in office areas or records rooms. The majority of exhibits
should be stored in a separate room with highly controlled access. Only exhibits of
high value or a sensitive nature such as drugs or weapons need to be stored in a
secure vault.
Exhibit rooms should be a minimum of approximately 100 sq. ft. and should be
equipped with appropriate shelving for the orderly storage and efficient retrieval of
exhibits. Security measures, such as secure doors, no windows, and intrusion alarms,
should be provided for exhibit storage areas.
Space for microfilming and microfilm equipment may no longer be required in the
clerks’ offices.
Microfilm has been the preferred means of storing court documents and records for
many years, but with the advent of electronic document imaging the need for
microfilming equipment and supplies is no longer required. Space, however, still
needs to be provided for existing microfilm and microfilm readers. Also because
microfilm is a proven archival medium, electronic images will still be printed to
microfilm for long term archival storage.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-34
case files should be defined based on appropriate calculations and projections. Floor
space requirements should be determined based on the use of movable open shelf
filing units. Once court cases are closed they may be moved to an inactive records
storage area.
It has been traditional for court case files to be stored in a records vault, but with the
advent of electronic case files this is no longer necessary. Paper files may be stored in
an open area within the clerk’s office. Some juvenile court records are confidential
and must be secured in locked storage units.
Inactive court records should be stored in an inactive records storage area that affords
relatively convenient access.
Inactive records that may not be destroyed should be transferred to storage outside the
clerk’s office. To maximize space utilization, a system of warehouse-type shelving
and one cubic foot records storage boxes is recommended for inactive/closed paper
case files awaiting transfer to archives or destruction in accordance with approved
court records retention schedules. The less bulky court case indices and related docket
sheets or case histories are normally stored for lengthy periods in the clerk’s office.
E, _ Exhibit Storage
Exhibits received by the court as evidence in criminal cases and civil litigation should
have their own special, secure storage area
The storage and eventual return or destruction of exhibits is a responsibility of each
clerk of court in Virginia. Exhibits are one-of-a-kind irreplaceable items and should
never be loosely stored in office areas or records rooms. The majority of exhibits
should be stored in a separate room with highly controlled access. Only exhibits of
high value or a sensitive nature such as drugs or weapons need to be stored in a
secure vault.
Exhibit rooms should be a minimum of approximately 100 sq, ft. and should be
equipped with appropriate shelving for the orderly storage and efficient retrieval of
exhibits. Security measures, such as secure doors, no windows, and intrusion alarms,
should be provided for exhibit storage areas.
Space for microfilming and microfilm equipment may no longer be required in the
clerks* offices.
Microfilm has been the preferred means of storing court documents and records for
many years, but with the advent of electronic document imaging the need for
microfilming equipment and supplies is no longer required. Space, however, still
needs to be provided for existing microfilm and microfilm readers. Also because
microfilm is a proven archival medium, electronic images will still be printed to
microfilm for long term archival storage.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-35
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
F. Office Support Spaces
To provide positive inventory control over supplies and equipment required in the
clerk’s office an appropriately sized and properly equipped supply room should be
provided.
Mismanagement of office and equipment supplies leads to theft, waste and abuse. A
supply room gives the clerk an element of physical control over supplies. A room of
100-150 sq. ft., depending on the size of the office, with adjustable shelving on three
walls should be provided.
A staff lounge and staff restrooms for work breaks and lunch should be provided
within or near the clerk’s office.
Court staff is constantly under the watchful eye of the public and deserve a place to
retreat on breaks and during lunch. Size, furnishings, and equipment will depend on
the office location and staff size. A minimum of 120 sq. ft, or 20 sq. ft per person, is
desirable. It also is desirable for the break room to be equipped with a small counter,
kitchen sink, refrigerator, and microwave, and overheard cabinets. Other equipment
in the break room normally includes a coffee maker.
Depending upon the organization of the courthouse there may be an opportunity for
different offices to share a break room.
G. Technology Considerations
Automated case management, electronic case filing, document imaging, and the use
of electronic media for the payment of fees and fines are all becoming common place,
therefore offices need adequate electrical receptacles and wiring for both voice and
data at each workstation, the public counter, and records rooms.
Other equipment include personal computers, facsimile machines, printers,
photocopiers, document scanners, imaging work stations, and file servers. Each
workstation, including those at the public counter, requires two quadriplex electrical
outlets, two data jacks, and one phone jack. Each public counter workstation also
should have space to install a document scanner and printer.
Public-access computer workstations should be available at the public counter for
review of case management information. The records rooms will require public
access document imaging terminals for viewing land records, liens, judgments, and
court files. At some future date, imaged court records may be available through an
on-line service provider or the internet, reducing the amount of space needed for on-
site research, and reducing the number of on-site, public access computer
workstations required.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-35
KR
Office Support Spaces
To provide positive inventory control over supplies and equipment required in the
clerk’s office an appropriately sized and properly equipped supply room should be
provided.
Mismanagement of office and equipment supplies leads to theft, waste and abuse. A
supply room gives the clerk an element of physical control over supplies. A room of
100-150 sq. ft., depending on the size of the office, with adjustable shelving on three
walls should be provided.
A staff lounge and staff restrooms for work breaks and lunch should be provided
within or near the clerk’s office.
Court staff is constantly under the watchful eye of the public and deserve a place to
retreat on breaks and during lunch, Size, furnishings, and equipment will depend on
the office location and staff size. A minimum of 120 sq. fi, or 20 sq. ft per person, is
desirable. It also is desirable for the break room to be equipped with a small counter,
kitchen sink, reftigerator, and microwave, and overheard cabinets. Other equipment
in the break room normally includes a coffee maker.
Depending upon the organization of the courthouse there may be an opportunity for
different offices to share a break room.
Technology Considerations
‘Automated case management, electronic case filing, document imaging, and the use
of electronic media for the payment of fees and fines are all becoming common place,
therefore offices need adequate electrical receptacles and wiring for both voice and
data at each workstation, the public counter, and records rooms.
Other equipment include personal computers, facsimile machines, printers,
photocopiers, document scanners, imaging work stations, and file servers. Each
workstation, including those at the public counter, requires two quadriplex electrical
outlets, two data jacks, and one phone jack. Each public counter workstation also
should have space to install a document scanner and printer.
Public-access computer workstations should be available at the public counter for
review of case management information. The records rooms will require public
access document imaging terminals for viewing land records, liens, judgments, and
court files. At some future date, imaged court records may be available through an
on-line service provider or the internet, reducing the amount of space needed for on-
site research, and reducing the number of on-site, public access computer
workstations required.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-36
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Wiring, power supply, HVAC, and acoustical designs for a computer or file server
room and photocopy room should meet individual equipment and systems
specifications. General lighting should be provided. Humidity and temperature should
be controlled according to equipment manufacturer’s requirements.
A separate room is not required for imaging workstations. Space, however, should be
planned for document imaging workstations and hookups should be provided for the
eventual installation of public access imaging terminals for viewing imaged
documents.
A special environmentally controlled room should be provided to house servers and
other computer equipment serving the courts.
Separate telecommunications and computer rooms need to be provided in the
courthouse to serve the courts, clerks, and other offices located in the building. The
room will contain all of the termination equipment for the building
telecommunications systems, and computer servers for the various computer
networks in the building. If the court and other offices have separate computer
networks, the room will need to be partitioned for the different servers. The room
must be equipped with a secure lock, card reader, or keypad to limit entrance to
authorized persons.
The telecommunications/computer server room should have controlled temperature
and humidity. A/C units should be on emergency generated power and should be
independent from the building air. For security and temperature reasons the room
should be located away from outside windows and doors and should not be located in
the basement to avoid possible flooding or water damage.
All equipment should be protected from power surges and brown outs with the
installation of power conditioning equipment and an uninterruptible power supply
(UPS) located in the building. The electrical feed for the computer room should be
isolated, including neutral and ground, from the rest of the building’s electrical
system.
IX. COMMONWEALTH ATTORNEY
Space may be made available in each courthouse to accommodate the Commonwealth’s
attorney’s office.
The Commonwealth’s Attorney prosecutes criminal cases in all three courts and assists
victims and prosecution witnesses appearing in court. Offices must accommodate
prosecuting attorneys and staff, visiting private attorneys, witnesses and victims, law
enforcement officers, and the general public.
While it is not essential for the prosecutor to be located in the courthouse, it is fairly
common and should be accommodated if at all possible. If located outside the courthouse, it
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-36
Wiring, power supply, HVAC, and acoustical designs for a computer or file server
room and photocopy room should meet individual equipment and systems
specifications. General lighting should be provided. Humidity and temperature should
be controlled according to equipment manufacturer’s requirements.
A separate room is not required for imaging workstations. Space, however, should be
planned for document imaging workstations and hookups should be provided for the
eventual installation of public access imaging terminals for viewing imaged
documents.
A special environmentally controlled room should be provided to house servers and
other computer equipment serving the courts.
Separate telecommunications and computer rooms need to be provided in the
courthouse to serve the courts, clerks, and other offices located in the building. The
room will contain all of the termination equipment for the building
telecommunications systems, and computer servers for the various computer
networks in the building, If the court and other offices have separate computer
networks, the room will need to be partitioned for the different servers. The room
must be equipped with a secure lock, card reader, or keypad to limit entrance to
authorized persons.
The telecommunications/computer server room should have controlled temperature
and humidity. A/C units should be on emergency generated power and should be
independent from the building air. For security and temperature reasons the room
should be located away from outside windows and doors and should not be located in
the basement to avoid possible flooding or water damage.
All equipment should be protected from power surges and brown outs with the
installation of power conditioning equipment and an uninterruptible power supply
(UPS) located in the building. The electrical feed for the computer room should be
isolated, including neutral and ground, from the rest of the building’s electrical
system.
IX. COMMONWEALTH ATTORNEY
Space may be made available in each courthouse to accommodate the Commonwealth’s
attorney’s office.
The Commonwealth’s Attorney prosecutes criminal cases in all three courts and assists,
victims and prosecution witnesses appearing in court. Offices must accommodate
prosecuting attorneys and staff, visiting private attorneys, witnesses and victims, law
enforcement officers, and the general public.
While it is not essential for the prosecutor to be located in the courthouse, it is fairly
common and should be mmodated if at all possible. If located outside the courthouse, it
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-37
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
City of Portsmouth, Commonwealth Attorney Reception
Window
is important that the Commonwealth’s Attorney have offices near the courthouse, because
of the necessity for the prosecutor to be present in court for long periods and to have access
to court records and personnel.
Because only a small portion of the work occurs in the courtroom, the Commonwealth’s
Attorney requires a great deal of flexibility and variety in the kinds of space needed.
The offices should project an image compatible with that of a private law firm. The
Commonwealth Attorney’s private office should be comparable to that of the judges and
reflect the prosecutor’s status and importance in the judicial system and as a Constitutional
Officer.
In addition to the general office activities, prosecutors need to be able to interview
witnesses, police officers and victims, conduct legal research, maintain case files, store
evidence, conduct investigations, and prepare written reports and documents. These
activities require waiting areas, interview rooms, records and evidence storage areas,
clerical offices, attorney private offices, conference rooms, library, trial preparation room,
mail and work room, supply storage, staff lounge, and forensic services.
Attorneys should have private offices that accommodate two to three visitors and are
located in areas removed from the noise and circulation traffic of the main office. A typical
attorney office should be 120-140 square feet. Law clerks or interns may use semi-private
offices.
In smaller offices the library and conference room may be combined and this may also
serve as a trial preparation room. Larger, busier
offices may need separate trial preparation
rooms. Also most interviews may take place in
the attorney’s private office, but in larger
jurisdictions separate interview rooms may be
needed that can accommodate 6-8 persons.
Additional spaces include file and storage areas,
records review area, photocopy and work room,
supply and equipment storage, evidence storage,
and a staff break area and restrooms.
Because of the need to interview victims and
witnesses while conducting an investigation, the
reception area should be directly accessible from
the public areas of the building. The
Commonwealth’s Attorney’s office should have
access to the courtrooms, law library, and the
clerks’ offices by means of the public circulation
system. Within the offices there should be a
semi-private circulation pattern connecting
spaces used by the attorneys and staff.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-37
is important that the Commonwealth’s Attorney have offices near the courthouse, because
of the necessity for the prosecutor to be present in court for long periods and to have access
to court records and personnel.
Because only a small portion of the work occurs in the courtroom, the Commonwealth’s
Attorney requires a great deal of flexibility and variety in the kinds of space needed.
The offices should project an image compatible with that of a private law firm. The
Commonwealth Attorney’s private office should be comparable to that of the judges and
reflect the prosecutor’s status and importance in the judicial system and as a Constitutional
Officer.
In addition to the general office activities, prosecutors need to be able to interview
witnesses, police officers and victims, conduct legal research, maintain case files, store
evidence, conduct investigations, and prepare written reports and documents. These
activities require waiting areas, interview rooms, records and evidence storage areas,
clerical offices, attorney private offices, conference rooms, library, trial preparation room,
mail and work room, supply storage, staff lounge, and forensic services.
Attorneys should have private offices that accommodate two to three visitors and are
located in areas removed from the noise and circulation traffic of the main office. A typical
attorney office should be 120-140 square feet. Law clerks or interns may use semi-private
offices.
In smaller offices the library and conference room may be combined and this may also
serve as a trial preparation room. Larger, busier
offices may need separate trial preparation
rooms. Also most interviews may take place in
the attorney’s private office, but in larger
jurisdictions separate interview rooms may be
needed that can accommodate 6-8 persons.
Additional spaces include file and storage areas,
records review area, photocopy and work room,
supply and equipment storage, evidence storage,
and a staff break area and restrooms.
Because of the need to interview victims and
witnesses while conducting an investigation, the
reception area should be directly accessible from
the public areas of the building. The
‘Commonwealth’s Attorney’s office should have
access to the courtrooms, law library, and the
clerks’ offices by means of the public circulation
system. Within the offices there should be a
semi-private circulation pattern connecting
spaces used by the attorneys and staff.
‘City of Portsmouth, Commonwealth Attomey Reveption
Window
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-38
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
A special need of the Commonwealth’s Attorney is secure storage of evidence. It is critical
to effective prosecution that evidence be stored in tamper-proof areas. Access to evidence
storage areas should be restricted, and storage areas should be equipped with metal shelving
and tamper-proof doors with locks.
When the Commonwealth’s Attorney is located outside the courthouse, a work or field
office may be provided in the courthouse for the convenience of attorneys while in the
courthouse. Such “field” office should be equipped with a desk, chairs, and work table.
 Attorneys require personal computer workstations with video display monitors,
printers, and document scanner. It is anticipated that attorneys will be connected
to an office LAN with access to legal data bases, court case management systems,
and offender and criminal history data bases. Each attorney’s work area requires
two quadriplex electrical outlets, one phone and two data jacks. The attorney’s
private office requires normal electrical supply and normal room lighting with
task lighting at the workstation.
 The Commonwealth’s Attorney requires a secure room in which to locate a
computer terminal connection to the State Police criminal data base.
 The office also will require other shared equipment including facsimile machines,
photocopiers, shredders, and video conferencing equipment. (Attorneys may
eventually have desktop videoconferencing capability.)
 The Commonwealth’s Attorney’s Office should have a separate and readily
identifiable public entry from public circulation.
 There should be a small reception area with chairs for persons to wait. There
should be a secure reception window where visitors may be received. Entry to the
Office should be by means of a secure entrance controlled by the receptionist.
 The general office area will be separated from the visitor waiting area by a secure
entry vestibule and public reception counter.
 The Commonwealth’s Attorney’s Office must not be located near the Judges’
chambers in order to avoid concerns about a close relationship between judges
and prosecutors.
 It is desirable that the Commonwealth’s Attorney’s Office be accessible from the
main entrance for after hours and weekend use.
 Assistant Commonwealth’s Attorney offices should be lockable and have blinds
covering any windows or sidelights.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-38
A special need of the Commonwealth’s Attorney is secure storage of evidence. It is critical
to effective prosecution that evidence be stored in tamper-proof areas. Access to evidence
storage areas should be restricted, and storage areas should be equipped with metal shelving
and tamper-proof doors with locks.
When the Commonwealth’s Attorney is located outside the courthouse, a work or field
office may be provided in the courthouse for the convenience of attorneys while in the
courthouse. Such “field” office should be equipped with a desk, chairs, and work table.
Attorneys require personal computer workstations with video display monitors,
printers, and document scanner. It is anticipated that attorneys will be connected
to an office LAN with access to legal data bases, court case management systems,
and offender and criminal history data bases. Each attorney’s work area requires
two quadriplex electrical outlets, one phone and two data jacks. The attorney’s
private office requires normal electrical supply and normal room lighting with
task lighting at the workstation.
The Commonwealth’s Attorney requires a secure room in which to locate a
computer terminal connection to the State Police criminal data base.
The office also will require other shared equipment including facsimile machines,
photocopiers, shredders, and video conferencing equipment. (Attorneys may
eventually have desktop videoconferencing capability.)
The Commonwealth’s Attorney’s Office should have a separate and readily
identifiable public entry from public circulation.
There should be a small reception area with chairs for persons to wait. There
should be a secure reception window where visitors may be received. Entry to the
Office should be by means of a secure entrance controlled by the receptionist.
The general office area will be separated from the visitor waiting area by a secure
entry vestibule and public reception counter.
The Commonwealth’s Attorney’s Office must not be located near the Judges’
chambers in order to avoid concerns about a close relationship between judges
and prosecutors.
It is desirable that the Commonwealth’s Attorney’s Office be accessible from the
main entrance for after hours and weekend use.
Assistant Commonwealth’s Attorney offices should be lockable and have blinds
covering any windows or sidelights.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-39
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Isle of Wight Courthouse, Holding Area Control Room
X. PRISONER HOLDING AND TRANSPORTATION
Every courthouse in which criminal trials are held, or in which in-custody defendants
appear in court, should have prisoner holding facilities.
Prisoners awaiting a hearing or trial
should be kept apart from the public and
spectators in the courtroom. There
should be a secure holding facility
within the courthouse in which to
temporarily hold in-custody defendants
and witnesses while they wait the start of
court or their hearing.
Common practice is to have a central
holding area normally located in the
basement of the courthouse and adjacent
to the vehicular sally port where in-
custody defendants can be processed and
held before and after their court appearance. This is generally supplemented with temporary
holding cells immediately adjacent to each courtroom. In small courthouses with only one
or two courtroom it may not be necessary to have both the central holding and courtroom
holding areas. The need for holding cells and their capacity should be determined at the
time of planning and be based upon actual utilization.
Where prisoners must be transported from the jail or other detention center to the
courthouse by vehicle, there should be a sally port for the delivery of prisoners. In
communities where the jail is adjacent to the courthouse prisoners may be brought to the
courthouse by means of a secure walkway or tunnel.
A. Vehicular Sally Port
The courthouse should have a secure vehicular sally port for the secure transfer of in-
custody persons to and from transport vehicles.
The sally port should be sized to hold at least one transport van. In larger jurisdictions
where multiple vans (buses) may be used, the sally port should be sized to hold at
least two vehicles. It should be located within the Sheriff’s secure parking area and
have a security gate. It needs to be well ventilated and lighted.
A drive through sally port is preferred in order to eliminate the need for a turnaround
area, but where this is not possible space for vehicle turn around is needed.
Courthouses with a direct connection to a jail may not require a separate sally port if
detainees coming to court from other facilities are able to be processed through the
jail.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-39
x.
PRISONER HOLDING AND TRANSPORTATION
Every courthouse in which criminal trials are held, or in which in-custody defendants
appear in court, should have prisoner holding facilities.
Prisoners awaiting a hearing or trial
should be kept apart from the public and
spectators in the courtroom. There
should be a secure holding facility
within the courthouse in which to
temporarily hold in-custody defendants
and witnesses while they wait the start of
court or their hearing.
Common practice is to have a central
holding area normally located in the
basement of the courthouse and adjacent
to the vehicular sally port where in-
custody defendants can be processed and
held before and after their court appearance. This is generally supplemented with temporary
holding cells immediately adjacent to each courtroom, In small courthouses with only one
or two courtroom it may not be necessary to have both the central holding and courtroom
holding areas. The need for holding cells and their capacity should be determined at the
time of planning and be based upon actual utilization.
Isle of Wight Courthouse, Holding Area Control Room
Where prisoners must be transported from the jail or other detention center to the
courthouse by vehicle, there should be a sally port for the delivery of prisoners. In
communities where the jail is adjacent to the courthouse prisoners may be brought to the
courthouse by means of a secure walkway or tunnel.
A. Vehicular Sally Port
The courthouse should have a secure vehicular sally port for the secure transfer of in-
custody persons to and from transport vehicles.
The sally port should be sized to hold at least one transport van. In larger jurisdictions
where multiple vans (buses) may be used, the sally port should be sized to hold at
least two vehicles. It should be located within the Sheriff’s secure parking area and
have a security gate. It needs to be well ventilated and lighted.
‘A drive through sally port is preferred in order to eliminate the need for a turnaround
area, but where this is not possible space for vehicle turn around is needed,
Courthouses with a direct connection to a jail may not require a separate sally port if
detainees coming to court from other facilities are able to be processed through the
jail
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-40
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Isle of Wight Court Floor Holding Cell
In-custody detainees should enter the building’s central holding area directly from the
sally port.
B. Central Prisoner Holding
There should be a central holding facility for the temporary holding of in-custody
defendants and witnesses appearing in court.
In-custody defendants and witnesses need to be separated from the public while
maintaining their safety and constitutional rights. Prisoner detention facilities increase
the efficiency of the courts by allowing in-custody persons to be located close to the
courtroom at the scheduled time of appearance.
All but the smallest courthouse should have a central holding area located on the
ground floor or basement of the building to service all courts within the building.
The central holding area should consist of the following elements: holding cells for
adult males and females; holding cells for juvenile males and females; a control
center to monitor and control in-custody movement; entry vestibule at the entrance
from the vehicular sally port; a processing and transfer area or room; staff offices;
staff toilets; elevators to the court floors; elevator lobby; equipment room; and
attorney / client visitation booths for attorneys to meet privately with clients prior to
court. Additional space may include an area for photo ID and fingerprinting of
individuals taken into custody in the courthouse.
The number and type of cells
should be determined during the
planning phases of the project and
will depend upon the number of
prisoners during peak hours.
Sight and sound separation needs
to be maintained between males
and females, and adults and
juveniles.
The building’s central control
center may also be located in this
area, either as part of the holding
control room or as a separate facility adjacent to the holding area.
The holding area control center monitors the operations all movement of prisoners
and controls access to the holding cells. The officer(s) staffing the station should have
a direct view into the holding cells or have visibility through CCTV monitors and
should be able to see and control all entrances and exits. The control station should be
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-40
In-custody detainees should enter the building’s central holding area directly from the
sally port.
B. Central Prisoner Holding
There should be a central holding facility for the temporary holding of in-custody
defendants and witnesses appearing in court.
In-custody defendants and witnesses need to be separated from the public while
maintaining their safety and constitutional rights. Prisoner detention facilities increase
the efficiency of the courts by allowing in-custody persons to be located close to the
courtroom at the scheduled time of appearance.
All but the smallest courthouse should have a central holding area located on the
ground floor or basement of the building to service all courts within the building.
The central holding area should consist of the following elements: holding cells for
adult males and females; holding cells for juvenile males and females; a control
center to monitor and control in-custody movement; entry vestibule at the entrance
from the vehicular sally port; a processing and transfer area or room; staff offices:
staff toilets; elevators to the court floors; elevator lobby; equipment room; and
attorney / client visitation booths for attorneys to meet privately with clients prior to
court. Additional space may include an area for photo ID and fingerprinting of
individuals taken into custody in the courthouse.
The number and type of cells
should be determined during the
planning phases of the project and
will depend upon the number of
prisoners during peak hours.
Sight and sound separation needs
to be maintained between males
and females, and adults and
juveniles.
The building’s central control
center may also be located inthis Ts of Wa Court Floor Hang Ca.
area, either as part of the holding
control room or as a separate facility adjacent to the holding area.
The holding area control center monitors the operations all movement of prisoners
and controls access to the holding cells. The officer(s) staffing the station should have
a direct view into the holding cells or have visibility through CCTV monitors and
should be able to see and control all entrances and exits. The control station should be
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-41
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
secured from unauthorized entry and should include a dedicated staff toilet. Intercoms
and CCTV cameras should be located at all doors.
All cells should have their own toilet facility. This eliminates the need for security
officers to escort prisoners to and from toilets.
Drains are necessary in any cell with toilets. Drains for sinks and toilets should be
large enough so that they cannot be easily blocked. A modesty panel should be
provided around the cell toilets to maintain proper privacy.
Toilets and drains should be installed along a wall on the corridor side of the holding
facility or along an accessible service duct so that repairs can be made from the
outside.
The holding cells should have solid ceilings.
Sufficient transfer areas for moving in-custody individuals should be provided near
the sally port entrance as well as the secure elevators.
Corridors should be wide enough to prohibit detainees from grabbing officers and to
allow adequate two-way passage and prohibit the transfer of contraband from one
prisoner to another.
Attorney/client interview booths should be provided at the central holding area. These
booths should be divided with appropriate security glazing to separate the parties.
Attorneys should not have to enter the holding areas to enter the conference booth.
The booths should have a paper pass to permit the signing of any documents. The
number of such booths will depend upon the number of courtrooms and the number
of in-custody defendants.
Lighting fixtures and ventilation registers should be secured in place to prevent their
removal and use as weapons. The cells should be equipped with vandal-resistant
furniture.
A minimum of 100 sq. ft. should be allowed for up to four prisoners. Additional
prisoners require an additional 15-20 sq. ft. each. Individual cells should be 70 sq. ft.
It is extremely important that holding areas be soundproofed.
All prisoner areas should be accessible to persons with disabilities.
Holding cells should conform to appropriate state and American Correctional
Association standards for lighting, ventilation, heating, and cooling in short-term
holding and detention facilities.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-41
secured from unauthorized entry and should include a dedicated staff toilet. Intercoms
and CCTV cameras should be located at all doors.
All cells should have their own toilet facility. This eliminates the need for security
officers to escort prisoners to and from toilets.
Drains are necessary in any cell with toilets. Drains for sinks and toilets should be
large enough so that they cannot be easily blocked. A modesty panel should be
provided around the cell toilets to maintain proper privacy.
Toilets and drains should be installed along a wall on the corridor side of the holding
facility or along an accessible service duct so that repairs can be made from the
outside,
The holding cells should have solid ceilings.
Sufficient transfer areas for moving in-custody individuals should be provided near
the sally port entrance as well as the secure elevators.
Corridors should be wide enough to prohibit detainees from grabbing officers and to
allow adequate two-way passage and prohibit the transfer of contraband from one
prisoner to another.
Attorney/client interview booths should be provided at the central holding area. These
booths should be divided with appropriate security glazing to separate the parties.
Attorneys should not have to enter the holding areas to enter the conference booth.
The booths should have a paper pass to permit the signing of any documents. The
number of such booths will depend upon the number of courtrooms and the number
of in-custody defendants.
Lighting fixtures and ventilation registers should be secured in place to prevent their
removal and use as weapons. The cells should be equipped with vandal-resistant
furniture.
A minimum of 100 sq. ft. should be allowed for up to four prisoners. Additional
prisoners require an additional 15-20 sq, fi. each. Individual cells should be 70 sq. ft.
It is extremely important that holding areas be soundproofed.
All prisoner areas should be accessible to persons with disabilities.
Holding cells should conform to appropriate state and American Correctional
Association standards for lighting, ventilation, heating, and cooling in short-term
holding and detention facilities.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-42
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
C. Court Floor Holding Areas
In larger courthouses, separate prisoner holding cells should be located adjacent to the
courtrooms in addition to the central holding facility located adjacent to the secured
prisoner entrance to the courthouse.
Court floor holding facilities are best located between pairs of courtrooms and
serviced by a dedicated prisoner elevator that transports prisoners to and from the
central holding area or prisoner entrance.
The court floor holding area should consist of a security officer’s station, holding
cells, and entrance vestibule in front of the elevator, and, if possible, a
attorney/prisoner interview booth. The security station need not be enclosed and
should provide the security officer with direct visibility to all areas.
There should be separate holding cells for men and women with sight and sound
separation. Also if juveniles are to be held on a court floor holding area that may also
contain adults at the same time, sight and sound separation needs to be maintained.
All cells should be well-lit and ventilated. Lighting fixtures and ventilation registers
should be secured in place to prevent their removal and use as weapons. Cells should
be equipped with vandal-resistant furniture.
A minimum of 100 sq. ft. should be allowed for up to four prisoners. Additional
prisoners require an additional 15-20 sq. ft. each. Individual cells should be 70 sq. ft.
It is not unusual for in-custody defendants to attempt to disrupt court proceedings by
shouting insults, using abusive language, banging on walls, or flushing toilets. Such
noise from court floor-holding cells disrupts court proceedings, causes
embarrassment, and intimidates witnesses or jurors. It is critical that the holding area
be soundproofed so that no sound from the holding area is heard in the courtroom.
Some other means of egress from the court floor holding area should be planned in
the event of power failures or the breakdown of the elevator. In emergency situations
it may be permissible to escort in-custody individuals through private corridors if
staff or judges are not present.
D. Juvenile Holding Facility
Every juvenile and domestic relations court should be equipped with temporary
holding facilities for juveniles and adults.
Juvenile and domestic relations district courts handle a wide range of juvenile and
family cases involving violent and sometimes dangerous juveniles and adults, as well
as abused, neglected, and other non-violent juveniles. Each court needs facilities that
can accommodate a wide range of types of juvenile offenders while awaiting hearing
or trial. Additionally, in-custody adults may be called upon to testify on occasion, and
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-42
Cc
Court Floor Holding Areas
In larger courthouses, separate prisoner holding cells should be located adjacent to the
courtrooms in addition to the central holding facility located adjacent to the secured
prisoner entrance to the courthouse.
Court floor holding facilities are best located between pairs of courtrooms and
serviced by a dedicated prisoner elevator that transports prisoners to and from the
central holding area or prisoner entrance.
The court floor holding area should consist of a security officer’s station, holding
cells, and entrance vestibule in front of the elevator, and, if possible, a
attorney/prisoner interview booth. The security station need not be enclosed and
should provide the security officer with direct visibility to all areas.
There should be separate holding cells for men and women with sight and sound
separation. Also if juveniles are to be held on a court floor holding area that may also
contain adults at the same time, sight and sound separation needs to be maintained.
All cells should be well-lit and ventilated. Lighting fixtures and ventilation registers
should be secured in place to prevent their removal and use as weapons. Cells should
be equipped with vandal-resistant furniture.
A minimum of 100 sq. ft. should be allowed for up to four prisoners. Additional
prisoners require an additional 15-20 sq. ft. each. Individual cells should be 70 sq. ft.
It is not unusual for in-custody defendants to attempt to disrupt court proceedings by
shouting insults, using abusive language, banging on walls, or flushing toilets. Such
noise from court floor-holding cells disrupts court proceedings, causes
embarrassment, and intimidates witnesses or jurors. It is critical that the holding area
be soundproofed so that no sound from the holding area is heard in the courtroom.
Some other means of egress from the court floor holding area should be planned in
the event of power failures or the breakdown of the elevator. In emergency situations
it may be permissible to escort in-custody individuals through private corridors if
staff or judges are not present.
Juvenile Holding Facility
Every juvenile and domestic relations court should be equipped with temporary
holding facilities for juveniles and adults.
Juvenile and domestic relations district courts handle a wide range of juvenile and
family cases involving violent and sometimes dangerous juveniles and adults, as well
as abused, neglected, and other non-violent juveniles. Each court needs facilities that
can accommodate a wide range of types of juvenile offenders while awaiting hearing
or trial. Additionally, in-custody adults may be called upon to testify on occasion, and
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-43
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
separate holding areas need to be provided with sight and sound separation from that
used by juveniles.
All juvenile courts should have a private holding area that is out of the public’s view,
and separate from adult offenders. Non-violent juveniles should be separated from
violent and dangerous juvenile offenders and may be kept in a non-secure setting.
Non-secure holding areas should be furnished to minimize stress, be located near the
courtroom, and have private toilet facilities. They may be furnished with tables and
chairs and may double as client interview rooms.
Violent and potentially dangerous juveniles require secure facilities with secure doors
and windows, although the room should not be made to look like an adult holding
cell.
Secure detention holding facilities should be equipped with vandal-proof furnishings.
Provision should be made for constant supervision by court staff. In larger
courthouses, particularly where the caseload warrants a separate juvenile court
facility, separate facilities for boys and girls should be provided.
In courts where there is seldom a need to handle violent/dangerous juveniles, the
construction of secure holding facilities may still be needed for adult defendants who
appear in juvenile and domestic relations court.
A minimum of 100 sq. ft. should be allowed. Additional juveniles will require an
additional 15-20 sq. ft. each. Individual cells should be 70 sq. ft.
XI. MAGISTRATES
Magistrates are part of the Virginia Judicial System and should be provided a private office,
and a public hearing space equipped to handle small hearings involving 3-4 people.
Since 1974, the principal function of the magistrate in the Virginia judicial system has been
to provide an independent, unbiased review of complaints brought by police officers,
sheriffs, deputies, and citizens. In each city and county in Virginia, the position of the
magistrate represents a key point of interface between the judicial system and the citizenry.
Magistrates perform work that is highly interactive, as well as paper and procedure-
intensive. The work involves conducting judicial hearings in response to requests from law
enforcement officials, privately employed security guards, and citizens. These judicial
hearings may be conducted in the presence of both the complainant and the accused as well
as by video conference. Magistrates conduct interviews with complaining parties, the
accused, and other appropriate persons to obtain the facts necessary to establish probable
cause or to determine bond or other terms of release. Magistrates must maintain order and
proper decorum, administer oaths, define issues, interpret and explain pertinent laws, take
testimony, question parties, and issue legal processes.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-43
XL
separate holding areas need to be provided with sight and sound separation from that
used by juveniles.
All juvenile courts should have a private holding area that is out of the public’s view,
and separate from adult offenders. Non-violent juveniles should be separated from
violent and dangerous juvenile offenders and may be kept in a non-secure setting.
Non-secure holding areas should be furnished to minimize stress, be located near the
courtroom, and have private toilet facilities. They may be furnished with tables and
chairs and may double as client interview rooms
Violent and potentially dangerous juveniles require secure facilities with secure doors
and windows, although the room should not be made to look like an adult holding
cell.
Secure detention holding facilities should be equipped with vandal-proof furnishings.
Provision should be made for constant supervision by court staff. In larger
courthouses, particularly where the caseload warrants a separate juvenile court
facility, separate facilities for boys and girls should be provided.
In courts where there is seldom a need to handle violent/dangerous juveniles, the
construction of secure holding facilities may still be needed for adult defendants who
appear in juvenile and domestic relations court.
A minimum of 100 sq. ft. should be allowed. Additional juveniles will require an
additional 15-20 sq. ft. each. Individual cells should be 70 sq. ft.
MAGISTRATES
Magistrates are part of the Virginia Judicial System and should be provided a private office,
and a public hearing space equipped to handle small hearings involving 3-4 people.
Since 1974, the principal function of the magistrate in the Virginia judicial system has been
to provide an independent, unbiased review of complaints brought by police officers,
sheriffs, deputies, and citizens. In each city and county in Virginia, the position of the
magistrate represents a key point of interface between the judicial system and the citizenry.
Magistrates perform work that is highly interactive, as well as paper and procedure-
intensive. The work involves conducting judicial hearings in response to requests from law
enforcement officials, privately employed security guards, and citizens. These judicial
hearings may be conducted in the presence of both the complainant and the accused as well
as by video conference. Magistrates conduct interviews with complaining parties, the
accused, and other appropriate persons to obtain the facts necessary to establish probable
cause or to determine bond or other terms of release. Magistrates must maintain order and
proper decorum, administer oaths, define issues, interpret and explain pertinent laws, take
testimony, question parties, and issue legal processes.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-44
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Magistrates are called upon to determine whether there is probable cause to charge a person
with a crime and, if so, whether that person’s liberty should be denied – taking into account
such factors as the evidence brought before them, the seriousness of the accusation, and the
potential danger to society or to the accused. These determinations may be conducted at the
magistrate’s window with the arrestee on site or by video conference with the arrestee
located at a remote site such as a jail or police station
In addition, magistrates provide general information on criminal processes and procedures.
In 2008, the Code of Virginia was amended and supervisory authority of the magistrate
system shifted from the Chief Circuit court judge in each Circuit to the Executive Secretary
of the Supreme Court of Virginia.  This included the elimination of all part-time and on-call
magistrates, an increase in educational standards and training, and a management system to
include a Magistrate Regional Supervisor in each region.  Each chief magistrate appointed
after July 1, 2008 is required to be a member in good standing of the Virginia State Bar.
Virginia is divided into eight magisterial regions comprised of between three and five
judicial districts. A chief magistrate supervises the magistrates serving within each judicial
district. Each region has a regional magistrate supervisor who provides direct supervision to
the chief magistrates.
Each magistrate is authorized to exercise his or her powers throughout the magisterial
region for which he or she is appointed. Magistrates provide services on an around-the-
clock basis, seven days a week, hearing complaints and taking testimony in person and
through videoconferencing systems.
The Code of Virginia provides that each county and city is to provide suitable quarters for
appointed magistrates. Magistrates’ quarters should be located in a public facility and be
appropriate to conduct the affairs of a judicial officer as well as provide convenient access
to the public and law-enforcement officers. The county or city is to provide all furniture and
other equipment necessary for the efficient operation of the office. Some counties and cities
have established more than one magistrate’s office to best serve their localities.
Magistrates may be located in the courthouse but are often located within the local police
station, Sheriff’s office, or jail. Regardless of the location the magistrate should be provided
a private office and a separate public hearing space equipped to hear testimony and
complaints from as many as  3-4 people.  The design for a magistrate’s office should present
a dignified and judicial appearance to conform to traditional images of justice.
The Magistrate is a judicial officer and the office should be clearly identified as an office of
the court and not part of the Sheriff or police department.  The Magistrate’s office should
be conveniently located near an outside entrance to the building with convenient and
separate public and law enforcement access that is accessible 24 hours a day, without
having uncontrolled access to the rest of the building.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-44
Magistrates are called upon to determine whether there is probable cause to charge a person
with a crime and, if so, whether that person’s liberty should be denied – taking into account
such factors as the evidence brought before them, the seriousness of the accusation, and the
potential danger to society or to the accused. These determinations may be conducted at the
magistrate’s window with the arrestee on site or by video conference with the arrestee
located at a remote site such as a jail or police station
In addition, magistrates provide general information on criminal processes and procedures.
In 2008, the Code of Virginia was amended and supervisory authority of the magistrate
system shifted from the Chief Circuit court judge in each Circuit to the Executive Secretary
of the Supreme Court of Virginia, This included the elimination of all part-time and on-call
magistrates, an increase in educational standards and training, and a management system to
include a Magistrate Regional Supervisor in each region. Each chief magistrate appointed
after July 1, 2008 is required to be a member in good standing of the Virginia State Bar.
Virginia is divided into eight magisterial regions comprised of between three and five
judicial districts. A chief magistrate supervises the magistrates serving within each judicial
district. Each region has a regional magistrate supervisor who provides direct supervision to
the chief magistrates.
Each magistrate is authorized to exercise his or her powers throughout the magisterial
region for which he or she is appointed. Magistrates provide services on an around-the-
clock basis, seven days a week, hearing complaints and taking testimony in person and
through videoconferencing systems.
The Code of Virginia provides that each county and city is to provide suitable quarters for
appointed magistrates. Magistrates’ quarters should be located in a public facility and be
appropriate to conduct the affairs of a judicial officer as well as provide convenient access
to the public and law-enforcement officers. The county or city is to provide all furniture and
other equipment necessary for the efficient operation of the office. Some counties and cities
have established more than one magistrate’s office to best serve their localities,
Magistrates may be located in the courthouse but are often located within the local police
station, Sheriffs office, or jail. Regardless of the location the magistrate should be provided
a private office and a separate public hearing space equipped to hear testimony and
complaints from as many as 3-4 people. The design for a magistrate’s office should present
a dignified and judicial appearance to conform to traditional images of justice.
The Magistrate is a judicial officer and the office should be clearly identified as an office of
the court and not part of the Sheriff or police department. The Magistrate’s office should
be conveniently located near an outside entrance to the building with convenient and
separate public and law enforcement access that is accessible 24 hours a day, without
having uncontrolled access to the rest of the building,
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-45
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Each office should have a small public waiting area with seating for 5 – 6 persons. The
office should be divided into a public area and a private work area separated by a barrier
such as a counter, large desk, or security type window. There should be a small holding
area, or access to a holding area, adjacent to the public area, where in-custody detainees can
be held. If located in the courthouse, the office should have access to the courthouse’s
prisoner circulation system.
The office should be equipped with duress alarms that sound at the building’s main security
station. After hours it should sound at the main dispatch office of the Sheriff or local police
department. A video surveillance camera should also be installed to cover the main public
room and holding area. The camera should be viewable at the magistrate’s office and the
main security office.
For reasons of security, separate reserved, but unmarked parking areas, including spaces
near private entrances, should be provided. If the magistrate is located in the courthouse the
magistrate should receive secure parking with the judges.
A small safe is useful for purposes of securing cash that is transacted by way of cash bonds
and prepayments, etc.
A private bathroom and small kitchenette or break area should be provided to those
magistrate’s offices that are staffed around the clock.  Other spaces include a supply closet
to house forms and office supplies and file storage space.
All workstations should be equipped with two quadriplex electrical outlets, at least two data
lines, and one phone line.  Each workstation should be capable of handling video
conferences.  Other office equipment will include a desk and chair, file cabinet, book
shelves, a personal computer with video display monitor and keyboard, printers,
photocopier, document scanner, fax machine, and document shredder.
Chief magistrates have the same powers as do other magistrates but are also responsible for
the supervision and administrative operation of the districts’ magistrates. Chief magistrates
normally need a private office separated from the main public office for conducting private
discussions with magistrates, governmental officials, and citizens. The chief magistrate’s
private office should be furnished with a desk and chair, side chairs for guests, filing
cabinets for personnel and administrative records, bookshelves for storage of various
manuals and the Code of Virginia, and a credenza.
Any new construction or renovations for magistrate’s offices should be done in consultation
with the chief magistrate, magistrate regional supervisor and the magistrate IT department.
Office space may also be needed for each magistrate regional supervisor at a location
within each region.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-45
Each office should have a small public waiting area with seating for 5 ~ 6 persons. The
office should be divided into a public area and a private work area separated by a barrier
such as a counter, large desk, or security type window. There should be a small holding
area, or access to a holding area, adjacent to the public area, where in-custody detainees can
be held. If located in the courthouse, the office should have access to the courthouse’s
prisoner circulation system.
The office should be equipped with duress alarms that sound at the building’s main security
station. After hours it should sound at the main dispatch office of the Sheriff or local police
department. A video surveillance camera should also be installed to cover the main public
room and holding area. The camera should be viewable at the magistrate’s office and the
main security office.
For reasons of security, separate reserved, but unmarked parking areas, including spaces
near private entrances, should be provided. If the magistrate is located in the courthouse the
magistrate should receive secure parking with the judges.
A small safe is useful for purposes of securing cash that is transacted by way of cash bonds
and prepayments, etc.
A private bathroom and small kitchenette or break area should be provided to those
magistrate’s offices that are staffed around the clock. Other spaces include a supply closet
to house forms and office supplies and file storage space.
All workstations should be equipped with two quadriplex electrical outlets, at least two data
lines, and one phone line. Each workstation should be capable of handling video
conferences. Other office equipment will include a desk and chair, file cabinet, book
shelves, a personal computer with video display monitor and keyboard, printers,
photocopier, document scanner, fax machine, and document shredder.
Chief magistrates have the same powers as do other magistrates but are also responsible for
the supervision and administrative operation of the districts’ magistrates. Chief magistrates
normally need a private office separated from the main public office for conducting private
discussions with magistrates, governmental officials, and citizens. The chief magistrate’s
private office should be furnished with a desk and chair, side chairs for guests, filing
cabinets for personnel and administrative records, bookshelves for storage of various
manuals and the Code of Virginia, and a credenza.
Any new construction or renovations for magistrate’s offices should be done in consultation
with the chief magistrate, magistrate regional supervisor and the magistrate IT department.
Office space may also be needed for each magistrate regional supervisor at a location
within each region.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-46
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
XII. SPECIAL SERVICES AND RELATED JUSTICE AGENCIES
A. Probation and Court Services
Space may be provided within the courthouse if probation and juvenile Court
Services wish to be located within the building. Inclusion of either probation or
juvenile court services within the courthouse is optional.
In Virginia, court services offices handle juvenile and domestic relations cases,
including the intake procedures for the juvenile court. If located in the courthouse,
court services should be located so that they are easily accessible from the building’s
main public entrance. There should be a public waiting area, which is supervised by a
receptionist and provides a comfortable and pleasant non-threatening environment.
Other requirements include private interview rooms, private offices for court services
staff, a small conference room, and records storage rooms. Public restrooms should
be available; staff should have separate private toilet facilities.
The requirements for probation offices are generally the same as for juvenile court
services.
Staff offices should be centrally located with access to the records room and
interview rooms. They should be acoustically soundproofed and may double as
interview rooms. If staff are going to use their private office to conduct interview the
offices should be enlarge slightly to accommodate several persons and for safety
reasons.
Space requirements measure approximately 120-140 sq. ft. for intake and private
offices, 130-150 sq. ft. for a supervisor’s office, and 200-300 sq. ft. for a conference
room. Interview rooms should allow 100-120 sq. ft.
Each office work area requires two quadriplex electrical outlets, a phone jack and two
data jacks. Private offices require normal electrical supply and normal room lighting
with task lighting at the workstation. The office also will require other shared
equipment including facsimile machines, photocopiers, shredders, and video
conferencing equipment.
B. Attorney Lounge
In large multi-judge courts, consideration may be given to providing a lounge for the
exclusive use of trial attorneys.
An area or lounge for the use of attorneys while waiting for trials to begin or between
hearings is a useful convenience for members of the bar. The lounge should not,
however, become a substitute for a client/witness interview room which should be
located elsewhere. Also it should not become a replacement office for the attorneys. It
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-46
XI. SPECIAL SERVICES AND RELATED JUSTICE AGENCIES
AL
Probation and Court Services
Space may be provided within the courthouse if probation and juvenile Court
Services wish to be located within the building, Inclusion of either probation or
juvenile court services within the courthouse is optional.
In Virginia, court services offices handle juvenile and domestic relations cases,
including the intake procedures for the juvenile court. If located in the courthouse,
court services should be located so that they are easily accessible from the building’s
main public entrance, There should be a public waiting area, which is supervised by a
receptionist and provides a comfortable and pleasant non-threatening environment.
Other requirements include private interview rooms, private offices for court services
staff, a small conference room, and records storage rooms. Public restrooms should
be available; staff should have separate private toilet facilities.
‘The requirements for probation offices are generally the same as for juvenile court
services
Staff offices should be centrally located with access to the records room and
interview rooms. They should be acoustically soundproofed and may double as
interview rooms. If staff are going to use their private office to conduct interview the
offices should be enlarge slightly to accommodate several persons and for safety
reasons.
Space requirements measure approximately 120-140 sq. ft. for intake and private
offices, 130-150 sq. ft. for a supervisor’s office, and 200-300 sq. fi. for a conference
room. Interview rooms should allow 100-120 sq. ft.
Each office work area requires two quadriplex electrical outlets, a phone jack and two
data jacks. Private offices require normal electrical supply and normal room lighting
with task lighting at the workstation. The office also will require other shared
equipment including facsimile machines, photocopiers, shredders, and video
conferencing equipment.
Attorney Lounge
In large multi-judge courts, consideration may be given to providing a lounge for the
exclusive use of trial attorneys
‘An area or lounge for the use of attorneys while waiting for trials to begin or between
hearings is a useful convenience for members of the bar. The lounge should not,
however, become a substitute for a client/witness interview room which should be
located elsewhere. Also it should not become a replacement office for the attorneys. It
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-47
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Law Library and Conference Room, Colonial Heights Courthouse
should be used for group meetings, conferences with colleagues, making telephone
calls, and for reading, reviewing case materials, or writing.
The presence of an attorney lounge indirectly benefits the court because attorneys are
more likely to remain in the courthouse between hearings or during recesses, where
they are available when needed in court. It also prevents attorneys from waiting in
clerical or other areas where they may interrupt the work of the court and its staff.
The lounge should be located near the courtrooms and should be accessible to the law
library. A paging system may be installed to notify attorneys when they are needed in
court.
The room should be furnished with lounge-type furnishings, such as sofas and chairs,
and work tables.
C. Law Library
A law library located in the courthouse is optional. If provided it should be
conveniently located to all users, particularly judges and law clerks. A public law
library may also be part of a
self-help center serving pro se
litigants.
Once prevalent in all
courthouses, law libraries are
becoming smaller and less
utilized with the advent of
online legal research
capabilities and the
availability of legal references
on CD or other electronic
media. Where present, law
libraries are used by judges
and private attorneys, and by
the general public seeking to
represent themselves in court. While some courts have an organized law library,
many courts maintain several separate collections of legal reference books. Judges
often have their own reference collections in their chambers, the Commonwealth’s
Attorney may have its own, and in some cases the clerks may maintain some
reference materials.
Even with a central library collection, each judge should have a minimum set of
reference materials in chambers. Today, most legal references are available on-line or
on compact disk, so that judges can have easy access to a sizable library in their own
offices.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-47
should be used for group meetings, conferences with colleagues, making telephone
calls, and for reading, reviewing case materials, or writing.
The presence of an attorney lounge indirectly benefits the court because attorneys are
more likely to remain in the courthouse between hearings or during recesses, where
they are available when needed in court. It also prevents attorneys from waiting in
clerical or other areas where they may interrupt the work of the court and its staff.
The lounge should be located near the courtrooms and should be accessible to the law
library. A paging system may be installed to notify attorneys when they are needed in
court.
The room should be furnished with lounge-type furnishings, such as sofas and chairs,
and work tables.
C. Law Library
A law library located in the courthouse is optional. If provided it should be
conveniently located to all users, particularly judges and law clerks. A public law
library may also be part of a oe
self-help center serving pro se W | I)
litigants. |
Once prevalent in all
courthouses, law libraries are
becoming smaller and less
utilized with the advent of
online legal research
capabilities and the
availability of legal references
on CD or other electronic
media. Where present, law
libraries are used by judges
and private attorneys, and by
the general public seeking to
represent themselves in court. While some courts have an organized law library,
many courts maintain several separate collections of legal reference books. Judges
often have their own reference collections in their chambers, the Commonwealth’s
Attorney may have its own, and in some cases the clerks may maintain some
reference materials.
‘Law Library and Conference Room, Colonial Heights Courthouse
Even with a central library collection, each judge should have a minimum set of
reference materials in chambers. Today, most legal references are available on-line or
‘on compact disk, so that judges can have easy access to a sizable library in their own
offices.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-48
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
The library should be conveniently located to all users and located where court staff
can easily supervise its use. Where significant after hours use of the library is
anticipated, it should be designed with a separate after hours entrance and
arrangements made for after hours security.
It should have a quiet environment. It should not be stuffy or hot, nor should there be
noisy air conditioners or drafts. The library should be soundproofed to prevent
outside noises from distracting users. Natural lighting is highly desirable where
possible; overhead lighting should be glare-free. Adequate work surface is important.
Free-standing bookstacks give maximum flexibility. The units should have adjustable
shelves and space between stacks should be 36". Because of the weight of the books
and other holdings, consideration should be given to the location of the library,
particularly when renovating older court facilities or in the construction of larger
court facilities with a large law library.
Large libraries in multi-judge courts may require a full-time librarian, and separate
private office space should be located within the library for the librarian. Also,
libraries should have space for microfilm reading and storage, and a photocopy
machine. All libraries should be designed with facilities for computer terminals for
viewing imaged documents and references. Occasionally, especially in smaller
courthouses, the library may double as a conference room as long as the activities do
not interfere with normal library use.
All librarian work stations and reading carrels should be equipped with two
quadriplex electrical outlets, and two data jacks. Locations for printers, fax machine,
document scanner, and other office equipment are needed and should be located so as
not to disturb users.
For additional standards governing county law libraries, see American Association of
Law Libraries’ Standards for County Law Libraries (American Association of Law
Libraries, 53 West Jackson Boulevard, Chicago, IL 60604).
D. Victim Witness
Many jurisdictions have a victim witness program to assist and aide victims who
come to testify in court. These programs are part of the Commonwealth’s Attorney’s
Office. Depending upon the size of the court and number of victims/witnesses the
space needs vary from one or two rooms where witnesses may wait to testify to more
elaborate accommodations that include staff offices, interview rooms, child waiting
rooms, and perhaps video conferencing equipment for remote testimony.
The entrance to the victim/witness offices should be separate from that of the
Commonwealth’s Attorney.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-48
The library should be conveniently located to all users and located where court staff
can easily supervise its use. Where significant after hours use of the library is
anticipated, it should be designed with a separate after hours entrance and
arrangements made for after hours security.
It should have a quiet environment. It should not be stuffy or hot, nor should there be
noisy air conditioners or drafts. The library should be soundproofed to prevent
outside noises from distracting users. Natural lighting is highly desirable where
possible; overhead lighting should be glare-free. Adequate work surface is important.
Free-standing bookstacks give maximum flexibility. The units should have adjustable
shelves and space between stacks should be 36". Because of the weight of the books
and other holdings, consideration should be given to the location of the library,
particularly when renovating older court facilities or in the construction of larger
court facilities with a large law library.
Large libraries in multi-judge courts may require a full-time librarian, and separate
private office space should be located within the library for the librarian. Also,
libraries should have space for microfilm reading and storage, and a photocopy
machine. All libraries should be designed with facilities for computer terminals for
viewing imaged documents and references. Occasionally, especially in smaller
courthouses, the library may double as a conference room as long as the activities do
not interfere with normal library use.
Alll librarian work stations and reading carrels should be equipped with two
quadriplex electrical outlets, and two data jacks. Locations for printers, fax machine,
document scanner, and other office equipment are needed and should be located so as
not to disturb users.
For additional standards governing county law libraries, see American Association of
Law Libraries’ Standards for County Law Libraries (American Association of Law
Libraries, 53 West Jackson Boulevard, Chicago, IL 60604).
D. Victim Witness
Many jurisdictions have a victim witness program to assist and aide victims who
come to testify in court. These programs are part of the Commonwealth’s Attorney’s
Office. Depending upon the size of the court and number of victims/witnesses the
space needs vary from one or two rooms where witnesses may wait to testify to more
elaborate accommodations that include staff offices, interview rooms, child waiting
rooms, and perhaps video conferencing equipment for remote testimony.
The entrance to the victim/witness offices should be separate from that of the
Commonwealth’s Attorney.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-49
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Staff/counselors should have a private office. In small jurisdictions staff may
interview witnesses in their offices, while in busier courts separate interview rooms
may be required.
Waiting rooms with comfortable chairs should be provided as witnesses may have to
wait long hours before testifying.
Provisions may be needed for remote video conferencing to allow vulnerable or child
witnesses to testify by video.
The victim/witness offices should be located in a quieter area of the building where
victims can feel safe from public observation.
The victim/witness offices must have convenient access to the courtrooms, but
preferably not be on the main traffic flow.
Access to the victim/witness offices should be through an entry vestibule. A reception
counter with secure glazing will allow staff to control visitor access into the office
and waiting area with a door release button and card access for staff.
The victim/witness office space must provide a comfortable and secure environment
for witnesses to wait until their case is heard. The layout should prevent visibility into
the visitor and child waiting areas from the entry vestibule.
Internal washrooms for clients and a staff washroom are desirable.
E. Interpreters and Services for Limited English Proficiency
There should be clearly displayed signage as soon as one enters a courthouse to
indicate the availability of free language access services. It is desirable for this
message to appear in English and also in any language for which there are at least
1000 individuals served by the courthouse within a one year period (to the degree that
each language possesses a written component).
Additional signage is useful for those with limited English proficiency (LEP).  In
particular, this verbiage may be functional rather than tied to specific court
terminology.  So, rather than identifying a “Docket,” a sign may be more useful for
someone with LEP if it were to send the message, “Verify case information here." All
signs should be reviewed for accuracy on a regular basis as offices and functions may
shift locations within a courthouse, and the signs should contain the English
equivalent in addition to its translation.  In no event should signs be updated in
English, without its translated equivalent being updated as well.  Courts should
especially consider multilingual signs to identify important locations for post-court
obligations (i.e. fine paying station).  Signs can and should rely on images whenever
possible, given the fact that any individual without visual impairment can understand
them, regardless of language proficiency.  Many courts currently use such image
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-49
Staff/counselors should have a private office. In small jurisdictions staff may
interview witnesses in their offices, while in busier courts separate interview rooms
may be required.
Waiting rooms with comfortable chairs should be provided as witnesses may have to
wait long hours before testifying.
Provisions may be needed for remote video conferencing to allow vulnerable or child
witnesses to testify by video.
The victim/witness offices should be located in a quieter area of the building where
victims can feel safe from public observation.
The victim/witness offices must have convenient access to the courtrooms, but
preferably not be on the main traffic flow.
Access to the victim/witness offices should be through an entry vestibule. A reception
counter with secure glazing will allow staff to control visitor access into the office
and waiting area with a door release button and card access for staff.
The victim/witness office space must provide a comfortable and secure envir
for witnesses to wait until their case is heard. The layout should prevent visibility into
the visitor and child waiting areas from the entry vestibule.
Internal washrooms for clients and a staff washroom are desirable.
es for
E. _ Interpreters and Ser
ited English Proficiency
There should be clearly displayed signage as soon as one enters a courthouse to
indicate the availability of free language access services. It is desirable for this
message to appear in English and also in any language for which there are at least
1000 individuals served by the courthouse within a one year period (to the degree that
each language possesses a written component).
Additional signage is useful for those with limited English proficiency (LEP). In
particular, this verbiage may be functional rather than tied to specific court
terminology. So, rather than identifying a “Docket,” a sign may be more useful for
someone with LEP if it were to send the message, “Verify case information here." All
signs should be reviewed for accuracy on a regular basis as offices and functions may
shift locations within a courthouse, and the signs should contain the English
equivalent in addition to its translation, In no event should signs be updated in
English, without its translated equivalent being updated as well. Courts should
especially consider multilingual signs to identify important locations for post-court
obligations (i.e. fine paying station). Signs can and should rely on images whenever
possible, given the fact that any individual without visual impairment can understand
them, regardless of language proficiency. Many courts currently use such image
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-50
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
signs to specify items that are forbidden within a court building, to advertise the
existence of a non-smoking policy, and to identify the locations of male and female
restrooms.
Information desks, along with translations of printed maps, forms, checklists, and
brochures, located in courthouse lobbies offer assistance to those with LEP.  An
individual self-service computer kiosk with a translated application (e.g. I-Can!) can
also assist those with LEP when completing court forms that are suitable for filing in
court.  However, despite a court’s attempts to make written target language materials
available for those with LEP, the existence of these written options should not be
considered sufficient to ensure meaningful communication with someone with LEP,
as the meaning may not have been conveyed adequately.
Interpreters and Equipment
All public transaction counters (windows) such as at the clerks’ offices should have
an expanded service area where an in-person interpreter may facilitate the transaction
between the court staff person and the individual with LEP.  This is of particular
importance when court staff is reliant on the use of over-the-phone interpreters during
these transactions, as there may be significant noise disruption to the rest of the
office.
Interpreting equipment, either infrared (line-of-sight, installed within a particular
location), wired (within a courtroom, to either wired or wireless headsets) or radio
frequency (portable, rechargeable), should be made readily available in areas that
frequently use in-person interpreters.  If the equipment is utilized by anyone other
than a staff interpreter, it should be signed in and out in a similar fashion as that
interpreter signs in or out on an assignment log.  In-person interpreters also benefit
from the use of microphones (to include areas such as the judge’s bench, witness
stand, and defense/prosecutor’s tables).
Currently, many courts have access to video units.  These offer an exciting option for
courts to benefit from the visual component of an in-person interpreter and an
expanded pool of language interpreting resources beyond the court’s immediate
geographic area.  A court may be required to facilitate the use of interpreters for a
more private interview than that which would occur openly within a courtroom.

While this consideration is important in designing meeting space for attorneys and
LEP clients when utilizing the services of an in-person interpreter within the
courthouse, it is especially important when deciding where to permanently fix a video
unit for video remote interpreters, or where to make a speakerphone available for
over-the-phone interpreters.  One option that might address the need for more private
exchanges may be to utilize an existing meeting space and a portable speakerphone or
a courthouse’s Wi-Fi and a portable tablet-style computer as a video remote
interpreting unit.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-50
signs to specify items that are forbidden within a court building, to advertise the
existence of a non-smoking policy, and to identify the locations of male and female
restrooms.
Information desks, along with translations of printed maps, forms, checklists, and
brochures, located in courthouse lobbies offer assistance to those with LEP. An
individual self-service computer kiosk with a translated application (e.g. I-Can!) can
also assist those with LEP when completing court forms that are suitable for filing in
court. However, despite a court’s attempts to make written target language materials
available for those with LEP, the existence of these written options should not be
considered sufficient to ensure meaningful communication with someone with LEP,
as the meaning may not have been conveyed adequately.
Interpreters and Equipment
All public transaction counters (windows) such as at the clerks” offices should have
an expanded service area where an in-person interpreter may facilitate the transaction
between the court staff person and the individual with LEP. This is of particular
importance when court staff is reliant on the use of over-the-phone interpreters during
these transactions, as there may be significant noise disruption to the rest of the
office,
Interpreting equipment, either infrared (line-of-sight, installed within a particular
location), wired (within a courtroom, to either wired or wireless headsets) or radio
frequency (portable, rechargeable), should be made readily available in areas that
frequently use in-person interpreters. If the equipment is utilized by anyone other
than a staff interpreter, it should be signed in and out in a similar fashion as that
interpreter signs in or out on an assignment log. In-person interpreters also benefit
from the use of microphones (to include areas such as the judge’s bench, witness
stand, and defense/prosecutor’s tables).
Currently, many courts have access to video units. These offer an exciting option for
courts to benefit from the visual component of an in-person interpreter and an
expanded pool of language interpreting resources beyond the court’s immediate
geographic area. A court may be required to facilitate the use of interpreters for a
more private interview than that which would occur openly within a courtroom.
While this consideration is important in designing meeting space for attorneys and
LEP clients when utilizing the services of an in-person interpreter within the
courthouse, it is especially important when deciding where to permanently fix a video
unit for video remote interpreters, or where to make a speakerphone available for
over-the-phone interpreters. One option that might address the need for more private
exchanges may be to utilize an existing meeting space and a portable speakerphone or
a courthouse’s Wi-Fi and a portable tablet-style computer as a video remote
interpreting unit.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-51
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
F. Pro Se Litigants/Self – represented Litigants
Both general district and juvenile district courts have a large number of persons who
are either unable to afford a lawyer or who choose not to hire counsel to represent
them. These citizens desire and need detailed information and assistance with the
tasks of handling their affairs on a pro se basis. Their requests constitute a major
demand upon the resources of the courts and consume the time of both clerks and
judges as they try to address pro se litigant needs. Having a location in the courthouse
where pro se individuals may find and study information on the judicial process and
the legal issues surrounding their case is a benefit to both the pro se litigants as well
as the court. The inclusion of such a space is optional but it might be located near or
within the clerk’s office. It should be readily accessible from the main public
corridor. It should be furnished with work tables, public access terminals, court
forms, and instructions. It should be viewable from the clerk’s office so that the
deputy clerks may monitor its use. An alternate location is the law library if one is to
be provided in the courthouse.
G. Press and News Media Accommodations
In many multi-judge courts, some accommodation for the day-to-day activities of the
press is desirable, and should be located in an area outside the courtroom.
With the exception of some juvenile and adoption matters, nearly all court
proceedings are open to the public and the press. While the number of reporters in
small communities probably would not be sufficient to warrant separate facilities, in
larger courthouses with very active trial schedules the number of reporters may be
considerable. Providing space in which they may conduct interviews and work on
notes would relieve congestion in the public corridors, helping to make the court less
crowded and noisy. Even in smaller courthouses where a separate room may not be
practical, an area of the public space might be made to serve the needs of the
occasional reporter or television news team.
The media room should be equipped with phone lines, and if video recording is
present in courtrooms with video feeds connected to the courtrooms, with feed
capability to mobile radio and television trucks and equipment. The room also should
be furnished with tables and chairs adequate for working, and perhaps storage and
work space for audio equipment, cameras and photographic equipment, and television
video equipment. Because the public access is not a critical concern, the location of
the press room can be very flexible. Although it should be convenient to courtrooms
and external exits to the building, it also should not require the press to pass through
restricted or secure areas of the building. Space requirements should not be great, but
should probably accommodate one person per local newspaper plus extra room for
television reporters. Twenty to twenty-five sq. ft. per reporter is sufficient. There
should be adequate acoustical insulation to provide a quiet environment in which to
work, as well as to insulate adjacent offices or courtrooms from any typing noise or
conversations.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-51
KR
Pro Se Litigants/Self — represented Litigants
Both general district and juvenile district courts have a large number of persons who
are either unable to afford a lawyer or who choose not to hire counsel to represent
them, These citizens desire and need detailed information and assistance with the
tasks of handling their affairs on a pro se basis. Their requests constitute a major
demand upon the resources of the courts and consume the time of both clerks and
judges as they try to address pro se litigant needs. Having a location in the courthouse
where pro se individuals may find and study information on the judicial process and
the legal issues surrounding their case is a benefit to both the pro se litigants as well
as the court, The inclusion of such a space is optional but it might be located near or
within the clerk’s office. It should be readily accessible from the main public
corridor. It should be furnished with work tables, public access terminals, court
forms, and instructions. It should be viewable from the clerk’s office so that the
deputy clerks may monitor its use. An alternate location is the law library if one is to
be provided in the courthouse.
Press and News Media Accommodations
In many multi-judge courts, some accommodation for the day-to-day activities of the
press is desirable, and should be located in an area outside the courtroom,
With the exception of some juvenile and adoption matters, nearly all court
proceedings are open to the public and the press. While the number of reporters in
small communities probably would not be sufficient to warrant separate facilities, in
larger courthouses with very active trial schedules the number of reporters may be
considerable. Providing space in which they may conduct interviews and work on
notes would relieve congestion in the public corridors, helping to make the court less
crowded and noisy. Even in smaller courthouses where a separate room may not be
practical, an area of the public space might be made to serve the needs of the
occasional reporter or television news team.
‘The media room should be equipped with phone lines, and if video recording is
present in courtrooms with video feeds connected to the courtrooms, with feed
capability to mobile radio and television trucks and equipment. The room also should
be furnished with tables and chairs adequate for working, and perhaps storage and
work space for audio equipment, cameras and photographic equipment, and television
video equipment. Because the public access is not a critical concern, the location of
the press room can be very flexible. Although it should be convenient to courtrooms
and external exits to the building, it also should not require the press to pass through
restricted or secure areas of the building. Space requirements should not be great, but
should probably accommodate one person per local newspaper plus extra room for
television reporters. Twenty to twenty-five sq. ft. per reporter is sufficient, There
should be adequate acoustical insulation to provide a quiet environment in which to
work, as well as to insulate adjacent offices or courtrooms from any typing noise or
conversations.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-52
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
H. Police Waiting/ Workroom
On busy court days such as when traffic court is held large numbers of police officers
may be in the courthouse waiting to testify. By providing officers with a designated
area outside the public corridors where they may wait while being readily available,
rather than waiting in other court offices or the courtroom, helps to reduce the
congestion in the corridors. Here, they may complete reports, review testimony, make
phone calls, converse, and relax before their court appearance or during recesses.
The size of the waiting area will depend upon the number of officers present in the
courthouse on the typical court day. Planning should consider at least 25 square feet
per officer. The workroom should be located near the courtrooms and be readily
accessible from the public corridor. The workroom should be furnished similarly to
the attorney lounge, with sofas, chairs, worktables, and telephones.
XIII. PUBLIC SERVICES
A. Lobby
There should be a covered area outside the main entrance to provide protection from
rain and snow for people waiting to enter the courthouse.
The main entry should be configured to allow visitors and staff to enter through a
dedicated entry door. A dedicated exit door, separate from and adjacent to the entry
door, should allow people to exit from the building without interfering with the
security checkpoint or queue.
The size and design of the entry lobby and the location of the queuing should
accommodate the peak flow of people into the courthouse during the morning’s peak
hours as well as allow for people to be processed through the security checkpoint(s).
The specified queuing area for security screening should not be included in the
circulation space. The queuing area for security should be located off to the side so
that it does not impede the flow of people (i.e., staff entering and staff/public
leaving).
The building security room should be located close to the main public entry and
provide space for at least two security staff.
The building security room should be located so that there is a clear, unobstructed
view of the main entry, including the security screening stations.
From the main entrance, it should be easy to find and access the vertical circulation to
all courtrooms, any high volume courts such as traffic, jury assembly room, the
clerks’ public service counters and the entrances to other building occupants.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-52
H.
Police Waiting/ Workroom
On busy court days such as when traffic court is held large numbers of police officers
may be in the courthouse waiting to testify. By providing officers with a designated
area outside the public corridors where they may wait while being readily available,
rather than waiting in other court offices or the courtroom, helps to reduce the
congestion in the corridors. Here, they may complete reports, review testimony, make
phone calls, converse, and relax before their court appearance or during recesses,
The size of the waiting area will depend upon the number of officers present in the
courthouse on the typical court day. Planning should consider at least 25 square feet
per officer. The workroom should be located near the courtrooms and be readily
accessible from the public corridor. The workroom should be furnished similarly to
the attorney lounge, with sofas, chairs, worktables, and telephones.
XII. PUBLIC SERVICES.
AL
Lobby
There should be a covered area outside the main entrance to provide protection from
rain and snow for people waiting to enter the courthouse.
The main entry should be configured to allow visitors and staff to enter through a
dedicated entry door. A dedicated exit door, separate from and adjacent to the entry
door, should allow people to exit from the building without interfering with the
security checkpoint or queue.
The size and design of the entry lobby and the location of the queuing should
accommodate the peak flow of people into the courthouse during the morning’s peak
hours as well as allow for people to be processed through the security checkpoint(s).
‘The specified queuing area for security screening should not be included in the
circulation space. The queuing area for security should be located off to the side so
that it does not impede the flow of people (icc., staff entering and staff/public
leaving).
The building security room should be located close to the main public entry and
provide space for at least two security staff,
The building security room should be located so that there is a clear, unobstructed
view of the main entry, including the security screening stations.
From the main entrance, it should be easy to find and access the vertical circulation to
all courtrooms, any high volume courts such as traffic, jury assembly room, the
clerks’ public service counters and the entrances to other building occupants.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-53
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
In large busy courthouses, a staffed information desk may be considered. If included,
it should be located in a highly visible area near the main entrance just inside the
security perimeter and clearly identified. Interactive touch screen displays that can
provide directional as well as other building or case information can be located in the
lobby or elsewhere in the building.
There should be a building directory and a building schematic diagram located at the
main public entrance that lists all offices in the building.
Automated electronic docket screens should be located in the main lobby of the
building.  These screens should not display juvenile names.
B. Central Security Control Office in Lobby
The central security control office is the location from which all security zones and
safety alarm systems are monitored throughout the building. From this unit, the
courthouse may be monitored through the use of closed circuit television systems,
duress alarms, intrusion sensors and other security systems.
The security control office may best be located near the main public entrance or may
be located within the central holding area control room.
Also located with the central security control office is the protective equipment such
as security and duress alarms, fire alarm, emergency elevator control, public address
system, fire alarm enunciator panel, etc.
All power and lighting for this room should be from the building’s emergency
electrical service. All equipment should be on an uninterruptible power supply and all
electricity should be conditioned.
Access to the life safety equipment panel should be limited to building management.
C. Food Service
In larger courthouses a limited food service outlet may be included in the building if
no food service providers are located near the courthouse. The food service outlet is
for the use of courthouse visitors and staff.
If a food service outlet is not provided a vending area may be provided near the main
lobby.
D. Building Support Services
In larger courthouses an interior delivery bay is desirable for the delivery of
equipment and supplies and for the removal of trash and recycled materials.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-53
In large busy courthouses, a staffed information desk may be considered. If included,
it should be located in a highly visible area near the main entrance just inside the
security perimeter and clearly identified. Interactive touch screen displays that can
provide directional as well as other building or case information can be located in the
lobby or elsewhere in the building.
There should be a building directory and a building schematic diagram located at the
main public entrance that lists all offices in the building.
Automated electronic docket screens should be located in the main lobby of the
building. These screens should not display juvenile names.
B. Central Security Control Office in Lobby
The central security control office is the location from which all security zones and
safety alarm systems are monitored throughout the building. From this unit, the
courthouse may be monitored through the use of closed circuit television systems,
duress alarms, intrusion sensors and other security systems,
The security control office may best be located near the main public entrance or may
be located within the central holding area control room.
Also located with the central security control office is the protective equipment such
as security and duress alarms, fire alarm, emergency elevator control, public address
system, fire alarm enunciator panel, ete.
All power and lighting for this room should be from the building’s emergency
electrical service. All equipment should be on an uninterruptible power supply and all
electricity should be conditioned.
Access to the life safety equipment panel should be limited to building management.
C. Food Service
In larger courthouses a limited food service outlet may be included in the building if
no food service providers are located near the courthouse. The food service outlet is
for the use of courthouse visitors and staff.
If a food service outlet is not provided a vending area may be provided near the main
lobby.
D. Building Support Services
In larger courthouses an interior delivery bay is desirable for the delivery of
‘equipment and supplies and for the removal of trash and recycled materials.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

COURTHOUSE COMPONENTS  PAGE 10-54
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
For the convenience of moving equipment and supplies a service elevator should be
provided.
All deliveries to the courthouse should be screened by security. In larger courthouses
it is recommended that a security screening station be located adjacent to the delivery
bay and that all persons and packages entering the building be screened.
In smaller courthouses (1-4 courtrooms) where a loading dock is not provided a
loading/delivery zone for delivery vehicles should be provided.
All packages entering the building should be screened at the main security station.
A drop-off zone for persons entering the courthouse may be located near the
building’s main entry. If provided it should be outside any defined security zone
protected by bollards, berms, or other type of barrier.
XIV. PROGRAM PARKING - JUDGES, ELECTED OFFICIALS
Judges and Constitutional Officers should be proved secure parking, preferably in an
enclosed garage with direct access to the court’s private circulation system. Judges should
never be provided unsecured parking in the public parking area and judges’ parking spaces
should never be identified.
Secure judicial parking is best located in the basement of the courthouse, although it is
acceptable for parking to be located at grade within a secure parking compound.
There should be controlled access to and from the secure parking. This is generally
monitored by the Sheriff’s Office.  Access may be controlled either remotely or by access
cards.
Unauthorized vehicles should not be permitted below the courthouse at any time. The
control point for access to below-grade parking should be at, or prior to, the point where a
vehicle is at the perimeter line of the courthouse.
The judicial parking area should have direct access to the dedicated elevators and stair that
provide access to the building’s private circulation and to the judges’ chambers.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
COURTHOUSE COMPONENTS PAGE 10-54
For the convenience of moving equipment and supplies a service elevator should be
provided.
All deliveries to the courthouse should be screened by security. In larger courthouses
it is recommended that a security screening station be located adjacent to the delivery
bay and that all persons and packages entering the building be screened.
In smaller courthouses (1-4 courtrooms) where a loading dock is not provided a
loading/delivery zone for delivery vehicles should be provided.
All packages entering the building should be screened at the main security station.
‘A drop-off zone for persons entering the courthouse may be located near the
building’s main entry. If provided it should be outside any defined security zone
protected by bollards, berms, or other type of barrier.
XIV. PROGRAM PARKING - JUDGES, ELECTED OFFICIALS
Judges and Constitutional Officers should be proved secure parking, preferably in an
enclosed garage with direct access to the court’s private circulation system. Judges should
never be provided unsecured parking in the public parking area and judges” parking spaces
should never be identified.
Secure judicial parking is best located in the basement of the courthouse, although it is
acceptable for parking to be located at grade within a secure parking compound.
There should be controlled access to and from the secure parking. This is generally
monitored by the Sheriff’s Office. Access may be controlled either remotely or by access
cards.
Unauthorized vehicles should not be permitted below the courthouse at any time. The
control point for access to below-grade parking should be at, or prior to, the point where a
vehicle is at the perimeter line of the courthouse.
‘The judicial parking area should have direct access to the dedicated elevators and stair that
provide access to the building’s private circulation and to the judges’ chambers.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

GLOSSARY OF COURTHOUSE PLANNING  PAGE Glossary-1
AND DESIGN TERMS
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
GLOSSARY OF COURTHOUSE PLANNING AND DESIGN TERMS
Acoustical Panel  A systems furniture panel with acoustical properties to absorb sound
within the panel structure providing a higher STC rating for the
overall workspace.
Access Flooring
(also raised floor or
raised access
computer floor)
Access flooring provides an elevated structural floor above a solid
substrate (often a concrete slab) to create a hidden void for the passage
of mechanical, electrical services, and air flow. Raised floors are
widely used in modern office buildings, and in specialized areas such
as IT data centers and computer rooms. In courthouses it is most
commonly used in computer rooms, clerks’ offices and courtrooms
and it permits the easy reconfiguration of office and workspaces.
ADA  Americans with Disabilities Act.
Adaptive Re-Use  Conversion of a building into a use other than that for which it was
designed, such as changing an office building into a courthouse.
Adjacency
Requirements
Programming information concerning optimal functional proximity of
various personnel groups and equipment areas. This information is a
major element of the criteria used in space planning.
A/E Architecture & Engineering
Architect An individual, partnership, corporation or other legal entity licensed to
practice the profession of architecture.
Architectural
Program
A document that defines in tabular, narrative, and graphic form the
size, functional relationships, budget, and mission of a building. The
program can be developed independent of the architectural design
process and is used by the owner to define the scope of the project and
subsequently by the architect to define the spatial and functional
requirements.
Building Backbone The part of a communications network that carries the majority of
traffic throughout the building from the entry room to cross
connections on each floor.
Barrier-Free Design Building and site design which is accessible to all people, regardless
of age and abilities.
Bay A vertical division of a façade or a structure division of a building,
marked by column spacing, roof compartments, windows or similar
measures. In a courthouse it usually refers to the spacing available for
courtrooms.
Block Diagram Initial form of space allocation in which the spatial requirements
determined in the programming phase are shown. This diagram
shows, in correct proportion, departments and their proposed locations
within the courthouse.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
GLOSSARY OF COURTHOUSE PLANNING PAGE Glossary-|
AND DESIGN TERMS
GLOSSARY OF COURTHOUSE PLANNING AND DESIGN TERMS
Acoustical Panel A systems furniture panel with acoustical properties to absorb sound
within the panel structure providing a higher STC rating for the
overall workspace.
‘Access Flooring ‘Access flooring provides an elevated structural floor above a solid
(also raised floor or substrate (often a concrete slab) to create a hidden void for the passage
raised access of mechanical, electrical services, and air flow. Raised floors are
computer floor) widely used in modern office buildings, and in specialized areas such
as IT data centers and computer rooms. In courthouses it is most
commonly used in computer rooms, clerks’ offices and courtrooms
and it permits the easy reconfiguration of office and workspaces.
ADA Americans with Disabilities Act.
Adaptive Re-Use Conversion of a building into a use other than that for which it was
designed, such as changing an office building into a courthouse.
‘Adjacency Programming information concerning optimal functional proximity of
Requirements various personnel groups and equipment areas. This information is a
major clement of the criteria used in space planning.
AIE Architecture & Engineerin,
‘Architect ‘An individual, partnership, corporation or other legal entity licensed to
practice the profession of architecture.
‘Architectural ‘A document that defines in tabular, narrative, and graphic form the
Program size, functional relationships, budget, and mission of a building. The
program can be developed independent of the architectural design
process and is used by the owner to define the scope of the project and
subsequently by the architect to define the spatial and functional
requirements.
Building Backbone __ The part of a communications network that carries the majority of
traffic throughout the building from the entry room to cross
connections on each floor.
Barrier-Free Design Building and site design which is accessible to all people, regardless
of age and abilities.
Bay ‘A vertical division of a fagade or a structure division of a building,
marked by column spacing, roof compartments, windows or similar
measures. In a courthouse it usually refers to the spacing available for
courtrooms,
Block Diagram Initial form of space allocation in which the spatial requirements
determined in the programming phase are shown. This diagram
shows, in correct proportion, departments and their proposed locations
within the courthouse.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

GLOSSARY OF COURTHOUSE PLANNING  PAGE Glossary-2
AND DESIGN TERMS
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Bond Anticipation
Note (BAN)
A short-term interest-bearing security issued in advance of a larger,
future bond issue issued by corporations and governments, such as
local municipalities wishing to generate funds for upcoming projects.
The bond anticipation notes are used as short-term financing, with the
expectation that the proceeds of the larger, future bond issue will
cover the anticipation notes.
Building Envelope The volume of space in a building or courthouse, usually defined by
dimensional requirements such as setback, stepback, permitted
maximum height, and maximum permitted lot coverage.
Building Gross
Square Feet (BGSF)
Building gross area, includes the total of all departmental areas, such
as courtrooms, chambers, etc. with an additional factor to account for
major public circulation between departments, elevators stairwells,
mechanical and electrical spaces not specifically included in the
project space program, exterior walls, and any other common spaces
not clearly identified as net areas. Building gross area is measured to
the exterior surface of permanent outer building walls, and includes all
enclosed areas.
Buffer A strip of land established to provide separation between land uses
and typically developed as a landscaped area.
Building grossing
factor
In architectural programming, another multiplier is added to the net
and departmental gross square footage to account for exterior wall
thickness, fire stairs, elevators and lobbies, and mechanical rooms that
serve the entire structure, and not exclusively a department or
component of the building. The total size of a building is the addition
of the net area, the departmental grossing factor, and the building
grossing factor.
CENTREX A business telephone service offered by the local telephone company
from a central office.
Certificate of
Participation
A type of financing where an investor purchases a share of the lease
revenues of a program rather than the bond being secured by those
revenues. For example, the revenues generated from a future parking
garage.
Change Procedures A set of steps, or a plan, used to identify and manage the changes
during the project life cycle, especially changes in project scope.
Conduit Conduit is the actual cables or wires that connect equipment to the
source of energy. In a courthouse where technology is constantly
changing, the “trays” or “tunnels” that hold the wiring must be easily
accessible without serious disruption of the operation.
Construction
Documents
The drawings and specifications that are used to solicit bids for the
construction of the facility are called “construction documents” that
includes the schematic design, design development, and construction
drawings of the facility. These documents are used by the contractor
and subcontractors to first estimate the cost of construction and
secondly to construct the facility.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
GLOSSARY OF COURTHOUSE PLANNING PAGE Glossary-2
AND DESIGN TERMS
Bond Anticipation
Note (BAN)
A short-term interest-bearing security issued in advance of a larger,
future bond issue issued by corporations and governments, such as
local municipalities wishing to generate funds for upcoming projects.
The bond anticipation notes are used as short-term financing, with the
expectation that the proceeds of the larger, future bond issue will
cover the anticipation notes.
Building Envelope
The volume of space in a building or courthouse, usually defined by
dimensional requirements such as setback, stepback, permitted
maximum height, and maximum permitted lot coverage.
Building Gross
Square Feet (BGSF)
Building gross area, includes the total of all departmental areas, such
as courtrooms, chambers, etc. with an additional factor to account for
major public circulation between departments, elevators stairwells,
mechanical and electrical spaces not specifically included in the
project space program, exterior walls, and any other common spaces
not clearly identified as net areas. Building gross area is measured to
the exterior surface of permanent outer building walls, and includes all
enclosed areas
Buffer
‘A strip of land established to provide separation between land uses
and typically developed as a landscaped area.
Building grossing
factor
Tn architectural programming, another multiplier is added to the net
and departmental gross square footage to account for exterior wall
thickness, fire stairs, elevators and lobbies, and mechanical rooms that
serve the entire structure, and not exclusively a department or
component of the building. The total size of a building is the addition
of the net area, the departmental grossing factor, and the building
grossing factor.
CENTREX
A business telephone service offered by the local telephone company
from a central office
Certificate of
Participat
‘A type of financing where an investor purchases a share of the lease
revenues of a program rather than the bond being secured by those
revenues. For example, the revenues generated from a future parking
garage.
‘Change Procedures
A set of steps, or a plan, used to identify and manage the changes
during the project life cycle, especially changes in project scope
Conduit
Conduit is the actual cables or wires that connect equipment to the
source of energy. In a courthouse where technology is constantly
changing, the “trays” or “tunnels” that hold the wiring must be easily
accessible without serious disruption of the operation.
Construction
Documents
The drawings and specifications that are used to solicit bids for the
construction of the facility are called “construction documents” that
includes the schematic design, design development, and construction
drawings of the facility. These documents are used by the contractor
and subcontractors to first estimate the cost of construction and
secondly to construct the facility.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia
Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

GLOSSARY OF COURTHOUSE PLANNING  PAGE Glossary-3
AND DESIGN TERMS
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Demolition Dismantling or razing of all or part of an existing building.
Departmental Gross
Square Feet (DGSF)
Departmental area – also called “usable area”– is measured in
departmental gross square feet, including all net areas and a factor to
account for interior wall thicknesses, corridors and pathways within a
department, columns and other structural elements, and inefficiencies
created by shaft spaces that penetrate through the floors within
departmental areas, and the like. This value represents the total area
that is typically used when calculating the area on a floor that a
specific unit, such as judicial chambers or clerk’s office, would
require.
Departmental
Grossing Factor
The departmental grossing factor is a percentage of the net area of a
component of the facility that is added to the net space. This
percentage or multiplier accounts for the non-assignable space
associated with a component of the building. For example, the Clerk’s
area could include workstations, files, and public counters, all of
which can be defined in terms of net square footage. The non-
assignable areas, such as corridors leading to the work stations, are
included in the departmental grossing factor.
Design Guidelines Criteria established to guide development toward a desired level of
quality through the design of the physical environment, and which are
applied on a discretionary basis relative to the context of development.
Elevation A drawing showing an external face of a building with all the features
shown, as if in a single vertical plane.
Engineer Any individual, partnership, corporation or other legal entity licensed
to practice the profession of engineering.
Facades The exterior wall of a building exposed to public view or that wall
viewed by persons not within the building.
Fenestration The arrangement of windows in a building.
Finish The visual characteristics including color, texture and reflectivity of
materials.
Fixture An appliance or device attached to the facade (e.g., awning, sign,
lighting fixture, conduit, or security gate).
Floor Plan A horizontal arrangement of one level of the building that typically
indicates walls, doors and dimensions.
Floor Plan A scaled drawing showing the various levels of a building, that
indicates the location of rooms, interior walls, and staircases and
elevators.
Footprint Size/
Building Footprint
The area of the ground floor of a building that consumes site area.
The term “footprint” refers only to the amount of the site that the
building occupies at the ground level, and not the entire square
footage of the structure.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
GLOSSARY OF COURTHOUSE PLANNING PAGE Glossary-3
AND DESIGN TERMS
Demolition Dismantling or razing of all or part of an existing building.
Departmental Gross Departmental area — also called “usable area” is measured in
Square Feet (DGSF) departmental gross square feet, including all net areas and a factor to
account for interior wall thicknesses, corridors and pathways within a
department, columns and other structural elements, and inefficiencies
created by shaft spaces that penetrate through the floors within
departmental areas, and the like. This value represents the total area
that is typically used when calculating the area on a floor that a
specific unit, such as judicial chambers or clerk’s office, would
require
Departmental ‘The departmental grossing factor is a percentage of the net area of a
Grossing Factor component of the facility that is added to the net space. This
percentage or multiplier accounts for the non-assignable space
associated with a component of the building. For example, the Clerk’s
area could include workstations, files, and public counters, all of
which can be defined in terms of net square footage. The non-
assignable areas, such as corridors leading to the work stations, are
included in the departmental grossing factor.
Design Guidelines Criteria established to guide development toward a desired level of
quality through the design of the physical environment, and which are
applied on a discretionary basis relative to the context of development.
Elevation A drawing showing an external face of a building with all the features
shown, as if in a single vertical plane.
Engineer Any individual, partnership, corporation or other legal entity licensed
to practice the profession of engineerin;
Facades The exterior wall of a building exposed to public view or that wall
viewed by persons not within the building,
Fenestration The arrangement of windows in a building.
Finish The visual characteristics including color, texture and reflectivity of
materials.
Fixture ‘An appliance or device attached to the facade (e.g., awning, sign,
lighting fixture, conduit, or security gate),
Floor Plan ‘A horizontal arrangement of one level of the building that typically
indicates walls, doors and dimensions.
Floor Plan A scaled drawing showing the various levels of a building, that
indicates the location of rooms, interior walls, and staircases and
elevators.
Footprint Size The area of the ground floor of a building that consumes site area.
Building Footprint The term “footprint” refers only to the amount of the site that the
building occupies at the ground level, and not the entire square
footage of the structure.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

GLOSSARY OF COURTHOUSE PLANNING  PAGE Glossary-4
AND DESIGN TERMS
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
General Obligation
Bonds (GOB)
A municipal bond backed by the credit and “taxing power” of the
issuing jurisdiction rather than the revenue from a given project.
General obligation bonds are issued with the belief that a municipality
will be able to repay its debt obligation through taxation or revenue
from projects. No assets are used as collateral. This is the most
common method of courthouse financing.
Glazing  A part of a wall or window made of glass.
Grant Anticipatory
Note
A bond issued by a governing body that is secured by future expected
funding, such as from Federal funding or grants. Governing bodies
issue grant anticipatory notes to provide immediate cash to keep
projects on time in anticipation of future funding being received.
HVAC  Heating, Ventilation and Air Conditioning
Improvement Any building, structure, place, work of art, or other object constituting
a physical betterment of real property, or any part of such betterment.
Kiosks Free-standing structures that can be located within the lobby of
courthouses; outside the facility; and/or at remote locations that permit
a citizen to electronically access information regarding a case; pay
fines; and transmit documents to the Court are becoming more popular
as a means of increasing accessibility and convenience to the court
without creating increased foot traffic within the courthouse.
Landscape
improvement
A physical betterment of real property or any part thereof, consisting
of natural or artificial landscaping, including but not limited to grade,
terrace, body of water, stream, rock, hedge, plant, shrub, mature tree,
path, walkway, road, plaza, wall, fence, step, fountain, or sculpture.
Mass The combination of the three dimensions of length, height, and depth
which give a building its overall shape; a building is often composed
of many masses, hence the term massing, which is often used to
describe the form or shape of structures.
Marquee The marquee is a part of the informational signage of the courthouse,
usually located in the main lobby. The display can be electronic or
utilize traditional methods to display courtroom assignments,
directions, and announcements.
Master plan
(or facility master
plan)
A master plan is a phase of the pre design process that compares
several different options of achieving the project’s objectives, in order
to permit the owner or governing body to decide which strategy to
pursue.
Microfiche A technique for storing multiple pages of a document on a single sheet
of photographic film.
Microfilm The processed photographic film kept for later retrieval and viewing.
Micrographics A generic term that encompasses microfiche, microfilm, rolled film,
aperture cards, and similar technologies of storing images of
documents.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
GLOSSARY OF COURTHOUSE PLANNING PAGE Glossary-4
AND DESIGN TERMS
General Obl
Bonds (GOB)
ation
A municipal bond backed by the credit and “taxing power” of the
issuing jurisdiction rather than the revenue from a given project.
General obligation bonds are issued with the belief that a municipality
will be able to repay its debt obligation through taxation or revenue
from projects. No assets are used as collateral. This is the most
common method of courthouse financing.
Glazing
A part of a wall or window made of glass.
Grant Anticipatory
Note
A bond issued by a governing body that is secured by future expected
funding, such as from Federal funding or grants. Governing bodies
issue grant anticipatory notes to provide immediate cash to keep
projects on time in anticipation of future funding being received.
HVAC
Heating, Ventilation and Air Conditioning
Improvement
Any building, structure, place, work of art, or other object constituting
a physical betterment of real property, or any part of such betterment.
Kiosks
Free-standing structures that can be located within the lobby of
courthouses; outside the facility; and/or at remote locations that permit
a citizen to electronically access information regarding a case; pay
fines; and transmit documents to the Court are becoming more popular
as a means of increasing accessibility and convenience to the court
without creating increased foot traffic within the courthouse.
Landscape
improvement
A physical betterment of real property or any part thereof, consisting
of natural or artificial landscaping, including but not limited to grade,
terrace, body of water, stream, rock, hedge, plant, shrub, mature tree,
path, walkway, road, plaza, wall, fence, step, fountain, or sculpture.
Mass
‘The combination of the three dimensions of length, height, and depth
which give a building its overall shape; a building is often composed
of many masses, hence the term massing, which is often used to
describe the form or shape of structures.
Marquee
The marquee is a part of the informational signage of the courthouse,
usually located in the main lobby. The display can be electronic or
utilize traditional methods to display courtroom assignments,
directions, and announcements.
Master plan
(or facility master
plan)
"A master plan is a phase of the pre design process that compares
several different options of achieving the project’s objectives, in order
to permit the owner or governing body to decide which strategy to
pursue.
Microfiche A technique for storing multiple pages of a document on a single sheet
of photographic film.
Microfilm The processed photographic film kept for later retrieval and viewing.
Micrographics A generic term that encompasses microfiche, microfilm, rolled film,
aperture cards, and similar technologies of storing images of
documents.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia
Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

GLOSSARY OF COURTHOUSE PLANNING  PAGE Glossary-5
AND DESIGN TERMS
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Millwork Built-in counters, shelving, cabinetry, wall or ceiling paneling,
moldings, etc. usually found in courtrooms and clerks’ office, that is
typically fabricated off-site and made of wood and/or similar
materials.
Mixed Use A development or area comprised of mixed land uses either in the
same building or in separate buildings on either the same lot or on
separate lots or, at a larger scale, in nodes. In courthouse projects it
might refer to the inclusion of non-court functions as part of the
project, either on the same site or within the building.
Modification Any work to an existing improvement or landscape improvement
other than (a) ordinary maintenance or repair; or (b) any Addition.
Net Square Feet
(NSF)
Net area – also called “programmable area” or net assignable space –
is measured in net square feet (NSF). Net area describes the actual
working area of an office, workstation, or support space. Net area
represents the actual area assigned for a specific space for function,
excluding permanent structural or architectural elements and internal
circulation.
Net Area The net area of a room is the square footage within the walls that
enclose the space. Net area does not include the wall thickness or the
corridors that lead to the room or space. Architects design spaces to
the net area, with an allowance for the square footage to accommodate
the non-assignable areas such as wall thickness, stairwells, and
mechanical shafts.
Occupiable Space A room, or enclosure and accessory installations thereof, which are
intended for human occupancy or habitation, also generally referred to
as net area.
Preservation Providing for the continued use of deteriorated old and historic
buildings, sites and structure through such means as restoration,
rehabilitation and adaptive re-use.
Public Art Site specific artwork created to enhance and animate publicly
accessible spaces through artistic interpretations that range from
individual sculpture to integrated architectural and landscape features
and treatments.
Publicly Accessible
Spaces
Buildings, streets and exterior areas, which may be privately-owned,
but to which the public has access.
Public Private
Partnerships
(P3 projects)
A government service or private business venture which is funded and
operated through a partnership of government and one or more private
sector entities. These schemes are sometimes referred to as PPP, P3 or
P3 projects. These are generally design-build-finance projects where a
private entity or business such as a contractor proposes to design,
build, and finance the project for the government under an
arrangement where the governmental entity agrees to lease purchase
the facility over time.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
GLOSSARY OF COURTHOUSE PLANNING PAGE Glossary-5
AND DESIGN TERMS
Millwork Built-in counters, shelving, cabinetry, wall or ceiling paneling,
moldings, etc. usually found in courtrooms and clerks’ office, that is
typically fabricated off-site and made of wood and/or similar
materials.
Mixed Use A development or area comprised of mixed land uses either in the
same building or in separate buildings on either the same lot or on
separate lots or, at a larger scale, in nodes. In courthouse projects it
might refer to the inclusion of non-court functions as part of the
project, either on the same site or within the buildin;
Modification ‘Any work to an existing improvement or landscape improvement
other than (a) ordinary maintenance or repair; or (b) any Addition.
Net Square Feet Net area — also called “programmable area” or net assignable space —
(NSF) is measured in net square feet (NSF). Net area describes the actual
working area of an office, workstation, or support space. Net area
represents the actual area assigned for a specific space for function,
excluding permanent structural or architectural elements and internal
circulation.
Net Area The net area of a room is the square footage within the walls that
enclose the space. Net area does not include the walll thickness or the
corridors that lead to the room or space. Architects design spaces to
the net area, with an allowance for the square footage to accommodate
the non-assignable areas such as wall thickness, stairwells, and
mechanical shafts.
Occupiable Space __ A room, or enclosure and accessory installations thereof, which are
intended for human occupancy or habitation, also generally referred to
as net area.
Preservation Providing for the continued use of deteriorated old and historic
buildings, sites and structure through such means as restoration,
rehabilitation and adaptive re-use.
Public Art Site specific artwork created to enhance and animate publicly
accessible spaces through artistic interpretations that range from
individual sculpture to integrated architectural and landscape features
and treatments.
Buildings, streets and exterior areas, which may be privately-owned,
but to which the public has access.
Public Private A government service or private business venture which is funded and
Partnerships operated through a partnership of government and one or more private
(P3 projects) sector entities. These schemes are sometimes referred to as PPP, P3 or
P3 projects. These are generally design-build-finance projects where a
private entity or business such as a contractor proposes to design,
build, and finance the project for the government under an
arrangement where the governmental entity agrees to lease purchase
the facility over time.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

GLOSSARY OF COURTHOUSE PLANNING  PAGE Glossary-6
AND DESIGN TERMS
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Renovation Modernization of an old or historic structure which unlike restoration
may not be consistent with the original design.
Restoration Accurately recovering the form and details of a building and site as it
appeared at a particular period of time by means of the removal of
later work or by the replacement of missing earlier work.
Revenue Bonds A type of municipal bond that is issued to finance utility or facility
projects, such as electrical plants, water systems, sewer systems that is
repaid from the revenues derived from the project. A bond is an
interest-bearing or discounted debt security that is issued by a
government or corporation in order to raise funds for capital projects.
Scale The sense of proportion or apparent size of a building or building
element as crated by the placement and size of the building in its
setting; scale usually applies to how the sense is perceived in relation
to the size of a human being and refers to the apparent size, not actual
size, since it is always viewed in relationship to another building or
element.
Seismic Conditions A seismic condition is an assessment of the potential for an
earthquake. In the preparation of construction documents, the architect
is required by building codes to consider the particular seismic zone
within which the building will be located and certify that the structure
is designed properly to withstand the intensity of the earthquake.
Signage Any lettering, signs, or logos in general, used to direct users or
provide information in the courthouse.
Site Plan A drawing of the footprint of the building and immediate adjacent
buildings indicating the location of the proposed work. It is a drawing
that shows accurately with dimensions the boundaries of the site and
the location of all buildings, structures, natural features, uses and
principal site design features proposed for a parcel of land.
Stepback A setback of the upper floors of a building which is greater than the
setback of the lower floors.
Setback The horizontal distance from the property line to the face of a building
or from natural features to a building.
Universal Grids Technology is changing rapidly in many spaces within the courthouse.
The use of “universal grids” is a method of installing cabling either
beneath the floor or in the ceiling that can be easily altered to
accommodate new equipment or the replacement of outdated cabling
systems.
Utilities Facilities for gas, electricity, telephone, cable television, water and
waste water, including overhead and underground power and
telephone lines, al fire hydrants, water mains, storm and sanitary
sewers.
Vehicular Sally Port The enclosed or open, but fenced, structure for securing vehicles while
inmates are being transferred into a booking or court holding area.
Voir Dire The process of selecting the jury panel is called the “voir dire”.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
GLOSSARY OF COURTHOUSE PLANNING PAGE Glossary-6
AND DESIGN TERMS
Renovation
Modernization of an old or historic structure which unlike restoration
may not be consistent with the original design.
Restoration
‘Accurately recovering the form and details of a building and site as it
appeared at a particular period of time by means of the removal of
later work or by the replacement of missing earlier work.
Revenue Bonds
A type of municipal bond that is issued to finance utility or facility
projects, such as electrical plants, water systems, sewer systems that is
repaid from the revenues derived from the project. A bond is an
interest-bearing or discounted debt security that is issued by a
government or corporation in order to raise funds for capital projects.
Scale
‘The sense of proportion or apparent size of a building or building
clement as crated by the placement and size of the building in its
setting; scale usually applies to how the sense is perceived in relation
to the size of a human being and refers to the apparent size, not actual
size, since it is always viewed in relationship to another building or
element.
Seismic Conditions
A seismic condition is an assessment of the potential for an
earthquake. In the preparation of construction documents, the architect
is required by building codes to consider the particular seismic zone
within which the building will be located and certify that the structure
is designed properly to withstand the intensity of the earthquake.
Signage
Any lettering, signs, or logos in general, used to direct users or
provide information in the courthouse,
Site Plan
‘A drawing of the footprint of the building and immediate adjacent
buildings indicating the location of the proposed work. It is a drawing
that shows accurately with dimensions the boundaries of the site and
the location of all buildings, structures, natural features, uses and
principal site design features proposed for a parcel of land.
‘Stepback
A setback of the upper floors of a building which is greater than the
setback of the lower floors.
Setback
The horizontal distance from the property line to the face of a building
or from natural features to a building,
Technology is changing rapidly in many spaces within the courthouse.
The use of “universal grids” is a method of installing cabling either
beneath the floor or in the ceiling that can be easily altered to
accommodate new equipment or the replacement of outdated cabling
systems.
Utilities
Facilities for gas, electricity, telephone, cable television, water and
waste water, including overhead and underground power and
telephone lines, al fire hydrants, water mains, storm and sanitary
sewers.
Vehicular Sally Port
The enclosed or open, but fenced, structure for securing vehicles while
inmates are being transferred into a booking or court holding area
Voir Dire
The process of selecting the jury panel is called the “voir dire”.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia
Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

GLOSSARY OF COURTHOUSE PLANNING  PAGE Glossary-7
AND DESIGN TERMS
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Wayfinding The information available to people which they need to find their way
around the city and can be verbal, graphic, architectural and spatial.
Wide Area Network
(WAN)
Refers to the connection of several LANs together, usually by leased
telephone lines, although satellite links are used as well.
Workstation A table or desk with a three-sided partition surround, usually made for
individual work. However, workstations are highly customizable, and
are often used to reduce noise and provide privacy to individual
employees working in a single room.
VIRGINIA COURTHOUSE FACILITY GUIDELINES
GLOSSARY OF COURTHOUSE PLANNING PAGE Glossary-7
AND DESIGN TERMS
Wayfinding The information available to people which they need to find their way
around the city and can be verbal, graphic, architectural and spatial.
Wide Area Network — Refers to the connection of several LANs together, usually by leased
(WAN) telephone lines, although satellite links are used as well
Workstation A table or desk with a three-sided partition surround, usually made for
individual work. However, workstations are highly customizable, and
are often used to reduce noise and provide privacy to individual
employees working in a single room.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

SELECTED BIBLIOGRAPHY AND REFERENCES FOR PAGE Bibliography-1
COURT FACILITY PLANNING AND DESIGN
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
SELECTED BIBLIOGRAPHY AND REFERENCES FOR COURT FACILITY
PLANNING AND DESIGN
The following publications and reports provide additional information on facilities planning and
court design. If not available locally, most of these publications can be obtained through the
National Center for State Courts’ library in Williamsburg, Virginia (757) 253-2000 or by
accessing their website.
ADA Accessibility Guidelines for Buildings and Facilities (ADAAG). Washington, DC:
United States Access Board, 2002. [accessed July 2006] available at
http://www.accessboard.gov/adaag/html/adaag.htm.
The American Courthouse: Planning and Design for the Judicial Process. Ann Arbor,
MI: Institute of Continuing Legal Education, 1973.
Appellate Court Facilities Guidelines. San Francisco, CA: Task Force on Court Facilities,
Judicial Council of California, 2001. [accessed July 2006] available at
http://www.courtinfo.ca.gov/reference/documents/Guidelines_Appellate.pdf.
Building a Better Courthouse: Technology and Design in New Court Facilities:
Participant Guide. Williamsburg, VA: National Center for State Courts, Institute For Court
Management, 2003.
California Trial Court Facilities Standards (draft). (2014). San Francisco: Judicial
Council of California The California Administrative Office of the Courts has
the responsibility for design, construction, and management of court facilities, and
they have determined that it is prudent to develop standards reflecting the best practices and
successful solutions for basic components of the trial court building. The (draft) standards
listed in this resource will apply to the design and construction of court facilities.
Cooper, Eileen B. Widening the Courthouse Doors: Linking Citizens with Disabilities
and Courts for Access to Justice. Fredericksburg, VA: Court Access Advocacy Coalition
(CAAC), 1998.
Courthouse Buildings: Designing Justice for All. New York, NY: Architectural Record,
1999.
Courthouse Construction: Better Courtroom Use Data Could Enhance Facility
Planning and Decision Making. (May 1997). Washington, D.C.: United States General
Accounting Office This report outlines a study of selected judicial districts and courthouses to
determine how often and for what purposes courtrooms have been used by U.S. District
Court judges. It also examines what steps the judiciary is taking to access-space and
courtroom-usage issues.
http://www.courts.ca.gov/documents/ctcfs2011.pdf
http://www.gao.gov/archive/1997/gg97039.pdf
http://www.gao.gov/archive/1997/gg97039.pdf
VIRGINIA COURTHOUSE FACILITY GUIDELINES
SELECTED BIBLIOGRAPHY AND REFERENCES FOR PAGE Bibliography-I
COURT FACILITY PLANNING AND DESIGN
SELECTED BIBLIOGRAPHY AND REFERENCES FOR COURT FACILITY
PLANNING AND DESIGN
The following publications and reports provide additional information on facilities planning and
court design. If not available locally, most of these publications can be obtained through the
National Center for State Courts’ library in Williamsburg, Virginia (757) 253-2000 or by
accessing their website,
ADA Accessibility Guidelines for Buildings and Facilities (ADAG). Washington, DC:
United States Access Board, 2002. [accessed July 2006] available at
http://www accessboard. gov/adaag/html/adaag.htm.
‘The American Courthouse: Planning and Design for the Judicial Process. Ann Arbor,
ML: Institute of Continuing Legal Education, 1973
Appellate Court Facilities Guidelines. San Francisco, CA: Task Force on Court Facilities,
Judicial Council of California, 2001. [accessed July 2006] available at
http://www courtinfo.ca.gov/reference/documents/Guidelines_Appellate.pdf.
Building a Better Courthouse: Technology and Design in New Court Facil
Participant Guide. Williamsburg, VA: National Center for State Courts, Institute For Court
Management, 2003.
California Trial Court Facilities Standards (draft). (2014). San Francisco: Judicial
Council of California The California Administrative Office of the Courts has
the responsibility for design, construction, and management of court facilities, and
they have determined that it is prudent to develop standards reflecting the best practices and
successful solutions for basic components of the trial court building. The (draft) standards
listed in this resource will apply to the design and construction of court facilities.
Cooper, Eileen B. Widening the Courthouse Doors: Linking Citizens with Disabilities
and Courts for Access to Justice. Fredericksburg, VA: Court Access Advocacy Coalition
(CAAC), 1998.
Courthouse Buildings: Designing Justice for All. New York, NY: Architectural Record,
1999,
Courthouse Construction: Better Courtroom Use Data Could Enhance Facility
Planning and Decision Making. (May 1997). Washington, D.C.: United States General
Accounting Office This report outlines a study of selected judicial districts and courthouses to
determine how often and for what purposes courtrooms have been used by U.S. District
Court judges. It also examines what steps the judiciary is taking to access-space and
courtroom-usage issues.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

SELECTED BIBLIOGRAPHY AND REFERENCES FOR PAGE Bibliography-2
COURT FACILITY PLANNING AND DESIGN
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Courthouse Construction: Information on Courtroom Sharing. Washington, DC: U.S.
General Accounting Office, 2002. [accessed July 2006] available at
http://Purl.Access.Gpo.Gov/GPO/LPS38583.
Designing Court Facilities: Facilities, Space and Organizational Goals: Participant
Guide. Williamsburg, VA: National Center For State Courts, Institute For Court
Management, 2001.
Facility Guidelines for Technology in the Courthouse. San Francisco, CA: Judicial
Council of California, Administrative Office of the Courts, 2002. [accessed July 2006]
available at http://www.courtinfo.ca.gov/reference/documents/Guidelines_Technical.pdf.
Facilities Standards for Public Buildings Service. Washington, DC: U.S. General Services
Administration, 2005. [accessed July 2006] available at
http://www.wbdg.org/ccb/GSAMAN/p100.pdf.
Fautsko, Timothy F. Entry Screening: The Court’s First Line of Defense. (2008). Future
Trends in State Courts. Universal entry screening of everyone who enters a courthouse - the
public, staff, and judges - is an essential part of any court security program. NCSC’s Security
Assessment Team has developed a four-phase plan courts can use to implement universal
entry screening.
Feiner, Edward A. Securing Our Future. (2007). Justice System Journal (Vol. 28, No.
1). The author presents a “philosophical discussion” of the effects that securing the country’s
courthouses will have on the public’s perception of their government and other civic
institutions.
Flango, Victor and Don Hardenbergh. “Courthouse Violence: Protecting the Judicial
Workplace.” 576 Annals Of The American Academy Of Political and Social Science 8
(July2001).
Green Courthouse Design Concepts. Washington, DC: Public Buildings Service, U.S.
General Services Administration, 1997. [accessed July 2006] available at
http://www.wbdg.org/ccb/SUSGSA/green2.pdf.
Griebel, Michael and Todd S. Phillips. “Architectural Design for Security in Courthouse
Facilities.” 576 Annals of the American Academy of Political and Social Science 118 (July
2001).
Gruen, Martin E. and Samuel H. Solomon. The High-Tech Courtroom: A Design Vision
for the Future. Williamsburg, VA: Sixth Court Technology Conference, National Center for
State Courts, 1999. [accessed July 2006] available at
http://www.ncsconline.org/D_Tech/ctc/showarticle.asp?id=36.
http://cdm16501.contentdm.oclc.org/cdm/ref/collection/facilities/id/117
http://cdm16501.contentdm.oclc.org/cdm/ref/collection/facilities/id/94
VIRGINIA COURTHOUSE FACILITY GUIDELINES
SELECTED BIBLIOGRAPHY AND REFERENCES FOR PAGE Bibliography-2
COURT FACILITY PLANNING AND DESIGN
Courthouse Construction: Information on Courtroom Sharing. Washington, DC: U.S.
General Accounting Office, 2002. [accessed July 2006] available at
http://Purl.Access.Gpo.Gov/GPO/LPS38583.
Designing Court Facilities: Facilities, Space and Organizational Goals: Participant
Guide. Williamsburg, VA: National Center For State Courts, Institute For Court
Management, 2001
Facility Guidelines for Technology in the Courthouse. San Francisco, CA: Judicial
Council of California, Administrative Office of the Courts, 2002. [accessed July 2006]
available at http://www.courtinfo.ca, gov/reference/documents/Guidelines_Technical.pdf.
Facilities Standards for Public Buildings Service. Washington, DC: U.S. General Services
Administration, 2005. [accessed July 2006] available at
http://www. wbdg.org/ecb/GSAMAN/p100.pdf.
Fautsko, Timothy F, Entry Screening: The Court’s First Line of Defense. (2008). Future
Trends in State Courts. Universal entry screening of everyone who enters a courthouse - the
public, staff, and judges - is an essential part of any court security program. NCSC’s Security
‘Assessment Team has developed a four-phase plan courts can use to implement universal
entry screening.
Feiner, Edward A. Securing Our Future. (2007). Justice System Journal (Vol. 28, No.
1). The author presents a “philosophical discussion” of the effects that securing the country’s
courthouses will have on the public’s perception of their government and other civic
institutions.
Flango, Victor and Don Hardenbergh. “Courthouse Violence: Protecting the Judicial
Workplace.” 576 Annals Of The American Academy Of Political and Social Science 8
(July2001).
Green Courthouse Design Concepts. Washington, DC: Public Buildings Service, U.S.
General Services Administration, 1997. [accessed July 2006] available at
http://hvww.wbdg.org/ecb/SUSGSA/green2. pdf.
Griebel, Michael and Todd S. Phillips. “Architectural Design for Security in Courthouse
Facilities.” 576 Annals of the American Academy of Political and Social Science 118 (July
2001).
Gruen, Martin E, and Samuel H. Solomon. The High-Tech Courtroom: A Design Vision
for the Future. Williamsburg, VA: Sixth Court Technology Conference, National Center for
State Courts, 1999. [accessed July 2006] available at
http://www.nesconline.org/D_Tech/cte/showarticle.asp?id~36.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

SELECTED BIBLIOGRAPHY AND REFERENCES FOR PAGE Bibliography-3
COURT FACILITY PLANNING AND DESIGN
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
GSA Leed Application Guide. Washington, DC: U.S. General Services Administration,
2005. [accessed July 2006] available at http://www.wbdg.org/ccb/GSAMAN/gsaleeda.pdf.
Superior
Guidelines for New York State Court Facilities. (2009). New York State Unified Court
System The New York Unified Court system provides this resource of rules for the Chief
Judge which outlines the basic guidelines for New York State court facilities.
Hall, Nathan. Implementing Collegial Chambers as a Means for Courtroom
Sharing. (2010). Future Trends in State Courts. The evolution of the courthouse work
environment has dictated that architects and planners rethink traditional courthouse design
arrangements. One significant trend is a shift away from traditional courtroom/chambers
arrangements in favor of collegial chambers and shared courtroom configurations.
Hall, Nathan. Green Courthouse Planning and Design. (2009). Future Trends in State
Courts. The field of courthouse planning and design is currently undergoing a transformation
in the process by which buildings are conceived and built. The driving force behind this
transformation is the changing environmental and economic landscape, which has created a
national trend to build courthouses that incorporate sustainable building principles.
Hardenbergh, Don. Trends in Courthouse Design. (2004). Future Trends in State
Courts. This article focuses on the future of courthouse design and includes such topics as
child care, public access and accommodation, natural lighting, and planning for future
growth and expansion.
Hardenbergh, Don. Virginia Courthouse Facility Guidelines. (2015). The Judicial Council
of Virginia adopted these guidelines to initiate improvements in their court facilities. These
guidelines will significantly enhance the ability of courts to discharge their responsibilities in
a safe, efficient, and convenient environment.
Hardenbergh, Don, ed. Retrospective of Courthouse Design 1980-
991. (1992).Williamsburg, Va.: National Center for State Courts This classic publication
features courthouses of many different styles that were built between 1980 and
1991.  Included in the retrospective are federal courts, appellate courts, general jurisdiction
courts, limited-jurisdiction courts, and juvenile and family courts.
Hardenbergh, Don, and Todd S. Phillips, eds. Retrospective of Courthouse Design, 1991-
2001. (2001). Williamsburg, Va.: National Center for State Courts. This classic publication
features courthouses of many different styles that were built between 1991 and
2001.  Included in the retrospective are U.S. courthouses, state appellate courts, general-
jurisdiction trial courts, municipal and limited-jurisdiction courts, family and juvenile courts,
and a section on renovations and additions.
Hardenbergh, Don, Robert Tobin and Chang-Ming Yeh. The Courthouse: A Planning and
Design Guide for Court Facilities. (1991). 154 pages. NCSC et al. Includes an overview of
the stages typically involved in the renovation of an existing court facility or the construction
http://www.wbdg.org/ccb/GSAMAN/gsaleeda.pdf
http://www.nycourts.gov/rules/chiefjudge/34.shtml
http://cdm16501.contentdm.oclc.org/cdm/ref/collection/facilities/id/161
http://cdm16501.contentdm.oclc.org/cdm/ref/collection/facilities/id/161
http://cdm16501.contentdm.oclc.org/cdm/ref/collection/facilities/id/148
http://cdm16501.contentdm.oclc.org/cdm/ref/collection/facilities/id/124
http://www.courts.state.va.us/courts/vacourtfacility/complete.pdf
http://cdm16501.contentdm.oclc.org/cdm/ref/collection/facilities/id/158
http://cdm16501.contentdm.oclc.org/cdm/ref/collection/facilities/id/158
http://cdm16501.contentdm.oclc.org/cdm/ref/collection/facilities/id/156
http://cdm16501.contentdm.oclc.org/cdm/ref/collection/facilities/id/156
http://cdm16501.contentdm.oclc.org/cdm/ref/collection/facilities/id/74
http://cdm16501.contentdm.oclc.org/cdm/ref/collection/facilities/id/74
VIRGINIA COURTHOUSE FACILITY GUIDELINES
SELECTED BIBLIOGRAPHY AND REFERENCES FOR PAGE Bibliography-3
COURT FACILITY PLANNING AND DESIGN
GSA Leed Application Guide. Washington, DC: U.S. General Services Administration,
2005. [accessed July 2006] available at http://www.wbdg.org/ccb/GSAMAN/gsaleeda.pdf.
Superior
Guidelines for New York State Court Facilities. (2009). New York State Unified Court
System The New York Unified Court system provides this resource of rules for the Chief
Judge which outlines the basic guidelines for New York State court facilities.
Hall, Nathan. Implementing Collegial Chambers as a Means for Courtroom
Sharing. (2010). Future Trends in State Courts. The evolution of the courthouse work
environment has dictated that architects and planners rethink traditional courthouse design
arrangements. One significant trend is a shift away from traditional courtroom/chambers
arrangements in favor of collegial chambers and shared courtroom configurations.
Hall, Nathan, Green Courthouse Planning and Design. (2009). Future Trends in State
Courts. The field of courthouse planning and design is currently undergoing a transformation
in the process by which buildings are conceived and built. The driving force behind this
transformation is the changing environmental and economic landscape, which has created a
national trend to build courthouses that incorporate sustainable building principles.
Hardenbergh, Don. Trends in Courthouse Design. (2004). Future Trends in State
Courts. This article focuses on the future of courthouse design and includes such topics as
child care, public access and accommodation, natural lighting, and planning for future
growth and expansion.
Hardenbergh, Don, Virginia Courthouse Facility Gi es. (2015). The Judicial Council
of Virginia adopted these guidelines to initiate improvements in their court facilities. These
guidelines will significantly enhance the ability of courts to discharge their responsibilities in
a safe, efficient, and convenient environment.
Hardenbergh, Don, ed. Retrospective of Courthouse Design 1980-


(1992).Williamsburg, Va.: National Center for State Courts This classic publication
features courthouses of many different styles that were built between 1980 and


Included in the retrospective are federal courts, appellate courts, general jurisdiction
courts, limited-jurisdiction courts, and juvenile and family courts.


Hardenbergh, Don, and Todd S. Phillips, eds. Retrospective of Courthouse Design, 1991-
2001. (2001). Williamsburg, Va.: National Center for State Courts. This classic publication
features courthouses of many different styles that were built between 1991 and

Included in the retrospective are U.S. courthouses, state appellate courts, general-
jurisdiction trial courts, municipal and limited-jurisdiction courts, family and juvenile courts,
and a section on renovations and additions.

Hardenbergh, Don, Robert Tobin and Chang-Ming Yeh. The Courthouse: A Planning and
Design Guide for Court Facilities. (1991). 154 pages. NCSC et al. Includes an overview of
the stages typically involved in the renovation of an existing court facility or the construction
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

SELECTED BIBLIOGRAPHY AND REFERENCES FOR PAGE Bibliography-4
COURT FACILITY PLANNING AND DESIGN
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
of a new one and descriptions of the tasks of planning, design, bidding, construction, and
occupancy. Note: The 2nd edition of this volume (1998) is available through the NCSC
Library (NA4471 .H37 1998).
Hardenbergh, Don. Long Range Forecasting and New Courthouse Planning. Court
Manager, Winter 2014, pp 22-31.
Hardenbergh, Don. “Protecting America’s Courthouses.” 44 Judges’ Journal 14 (Summer
2005).
Hobstetter, David G., et al. A Next Generation of Distributed Courts. Williamsburg, VA:
Sixth Court Technology Conference, National Center for State Courts, 1999. [accessed July
2006] available at http://www.ncsconline.org/D_Tech/ctc/showarticle.asp?id=40.
Justice for All: Designing Accessible Courthouses.  Recommendations from the
Courthouse Access Advisory Committee, November 15, 2006. U.S. Access Board.
Kentucky Court Facilities Criteria. (May 2007). Frankfort: Kentucky Administrative
Office of the Courts The Kentucky Administrative Office of the Courts sets the criteria for
court facilities eligible for AOC funding.  This resource outlines the uniform space (facility)
allowances for those court facilities eligible for financial support.
Kentucky Court Facilities Design Guide. (May 2007). Frankfort: Kentucky Administrative
Office of the Courts ”This resource sets forth design guidance (requirements) to be used in
the development of a design for Court Facilities, Court Support Facilities and Administrative
Facilities within the Commonwealth of Kentucky, which are supportable, totally or in part,
with Commonwealth of Kentucky Administrative Office of the Courts funds. It is applicable
to all construction projects, including additions, alterations, adaptations, rehabilitations, and
conversions.”–Web site.
Lochner, William. “The Americans with Disabilities Act and Courthouse Access.” 26
Justice System Journal 105 (2005). [accessed July 2006] available at
http://www.ncsconline.org/WC/Publications/KIS_AmeDisJSJV26No1.pdf.
The Michigan Courthouse: A Planning and Design Guide for Trial Court Facilities.
Lansing, MI: Michigan Court Facilities Standards Project Advisory Committee, 2000.
[accessed July 2006] available at
http://courts.michigan.gov/scao/resources/standards/#facility.
Nadel, Barbara A. Building Security: Handbook for Architectural Planning and Design.
New York, NY: McGraw-Hill, 2004.
National Association for Court Management. Achieving and Sustaining the Green Court:
2009 Mini Guide.
http://www.access-board.gov/attachments/article/432/report.pdf
http://courts.ky.gov/courtprograms/judicialconstruction/Documents/ProjectDevelopmentGuideSectionII.pdf
http://courts.ky.gov/courtprograms/judicialconstruction/Documents/ProjectDevelopmentGuideSectionIII.pdf
VIRGINIA COURTHOUSE FACILITY GUIDELINES
SELECTED BIBLIOGRAPHY AND REFERENCES FOR PAGE Bibliography-4
COURT FACILITY PLANNING AND DESIGN
ofa new one and descriptions of the tasks of planning, design, bidding, construction, and
occupancy. Note: The 2nd edition of this volume (1998) is available through the NCSC
Library (NA4471 .H37 1998).
Hardenbergh, Don. Long Range Forecasting and New Courthouse Planning. Court
Manager, Winter 2014, pp 22-31.
Hardenbergh, Don. “Protecting America’s Courthouses.” 44 Judges’ Jounal 14 (Summer
2005).
Hobstetter, David G., et al. A Next Generation of Distributed Courts. Williamsburg, VA:
Sixth Court Technology Conference, National Center for State Courts, 1999. [accessed July
2006] available at http://www.nesconline.org/D_Tech/ete/showarticle.asp?id=40.,
Justice for All: Designing Accessible Courthouses. Recommendations from the
Courthouse Access Advisory Committee, November 15, 2006. U.S. Access Board.
Kentucky Court Facilities Criteria. (May 2007). Frankfort: Kentucky Administrative
Office of the Courts The Kentucky Administrative Office of the Courts sets the criteria for
court facilities eligible for AOC funding. This resource outlines the uniform space (facility)
allowances for those court facilities eligible for financial support.
Kentucky Court Facilities Design Guide, (May 2007). Frankfort: Kentucky Administrative
Office of the Courts "This resource sets forth design guidance (requirements) to be used in
the development of a design for Court Facilities, Court Support Facilities and Administrative
Facilities within the Commonwealth of Kentucky, which are supportable, totally or in part,
with Commonwealth of Kentucky Administrative Office of the Courts funds. It is applicable
to all construction projects, including additions, alterations, adaptations, rehabilitations, and
conversions.”–Web site.
Lochner, William. “The Americans with Disabilities Act and Courthouse Access.” 26
Justice System Journal 105 (2005). [accessed July 2006] available at
http://www ncsconline.org/WC/Publications/KIS_AmeDisJSJV26No1.pdf.
‘The Michigan Courthouse: A Planning and Design Guide for Trial Court Fac
Lansing, MI: Michigan Court Facilities Standards Project Advisory Committee, 2000.
[accessed July 2006] available at
http://courts.michigan. gov/scao/resources/standards/#facility.
ies.
Nadel, Barbara A. Building Securit
New York, NY: McGraw-Hill, 2004,
: Handbook for Architectural Planning and Design.
National Association for Court Management. Achieving and Sustaining the Green Court:
2009 Mini Guide.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

SELECTED BIBLIOGRAPHY AND REFERENCES FOR PAGE Bibliography-5
COURT FACILITY PLANNING AND DESIGN
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
National Institute of Building Sciences. NIBS hosts the Whole Building Design
Guide (WBDG) and provides an authoritative source of advice for both the private and
public sector about the use of building science and technology. The WBDG serves as a
gateway for building professionals to information on “whole building” design techniques and
technologies.  It is especially useful for information pertaining to federal courts.
Nebraska Courts Facility Planning: Guidelines and Standards. (1999). Supreme Court of
Nebraska The Supreme Court of Nebraska has provided these guidelines to assist local and
county officials identify and solve their facility problems in such a way to meet current and
future needs.  The standards for courtrooms and court offices are suggested for all
renovations and new construction.
Pamphlet: IT Considerations for Courthouse Design. (April 2007). Supreme Court of
Ohio. Technology Services Section.  When building or renovating a courthouse, it is
important to consider the implications of all today’s technology. Things such as networking
wiring, telephone wiring, special facilities for the computers, and space for the IT Personnel
are all important considerations.  This pamphlet provides a brief overview of such issues.
Panero, Julius. Human Dimension and Interior Space: A Source Book of Design Reference
Standards. New York, NY: Whitney Library of Design, 1979.
Peters, John O. and Margaret T. Peters. Virginia’s Historic Courthouses. (1995). University
Press of Virginia. This book features 140 color photographs of Virginia’s courthouses and
provides an overview of the history of 126 courthouses in Virginia. It traces the evolution of
courthouse design, places the buildings in historical context, and analyzes the symbolic
significance of Virginia’s houses of justice.
Phillips, Todd S. and Michael A. Griebel. Building Type Basics for Justice Facilities.
Indianapolis, IN: Wiley, 2003.
Standard Level Features and Finishes for U.S. Courts Facilities. (1996).Washington,
D.C.: U.S. General Services Administration, Public Buildings ServiceThis is a
complementary document to the “U.S. Courts Design Guide.”  It establishes the baseline,
standard-level features and finishes for U.S. courts facilities that are funded by the General
Service Administration.  It is intended to create a level of quality to determine costs.
Thacker, Gerald. Federal Courthouse. (2012). As part of design guidance from the Whole
Building Design Guide, this resource provides information on attributes of federal
courthouses.  In addition to the traditional life-safety and health concerns common to all
buildings, federal courthouse facilities must adhere to guidelines for their aesthetics, security,
adjacency and circulation, barrier-free access, mechanical/electrical systems, automation,
acoustics, interior finishes, and signage.
Tobin, Robert W. A Court Manager’s Guide to Court Facility Financing. Williamsburg,
VA: National Center for State Courts, State Justice Institute, 1995.
http://www.nibs.org/
http://nlc1.nlc.state.ne.us/epubs/S3200/B002-1999.pdf
http://cdm16501.contentdm.oclc.org/cdm/ref/collection/facilities/id/145
http://www.wbdg.org/ccb/GSAMAN/slff.pdf
http://www.wbdg.org/design/federal_courthouse.php
VIRGINIA COURTHOUSE FACILITY GUIDELINES
SELECTED BIBLIOGRAPHY AND REFERENCES FOR PAGE Bibliography-5
COURT FACILITY PLANNING AND DESIGN
National Institute of Building Sciences. NIBS hosts the Whole Building Design
Guide (WBDG) and provides an authoritative source of advice for both the private and
public sector about the use of building science and technology. The WBDG serves as a
gateway for building professionals to information on “whole building” design techniques and
technologies. It is especially useful for information pertaining to federal courts.
Nebraska Courts Facil Planning: Guidelines and Standards. (1999). Supreme Court of
Nebraska The Supreme Court of Nebraska has provided these guidelines to assist local and
county officials identify and solve their facility problems in such a way to meet current and
future needs. The standards for courtrooms and court offices are suggested for all
renovations and new construction.
Pamphlet: IT Considerations for Courthouse Design. (April 2007). Supreme Court of
Ohio. Technology Services Section. When building or renovating a courthouse, it is
important to consider the implications of all today’s technology. Things such as networking
wiring, telephone wiring, special facilities for the computers, and space for the IT Personnel
are all important considerations, This pamphlet provides a brief overview of such issues.
Panero, Julius. Human Dimension and Interior Space: A Source Book of Design Reference
Standards. New York, NY: Whitney Library of Design, 1979.
Peters, John O. and Margaret T. Peters. sinia’s Historic Courthouses. (1995). University
Press of Virginia. This book features 140 color photographs of Virginia’s courthouses and
provides an overview of the history of 126 courthouses in Virginia. It traces the evolution of
courthouse design, places the buildings in historical context, and analyzes the symbolic
significance of Virginia’s houses of justice
Phillips, Todd S. and Michael A. Griebel. Buil
Indianapolis, IN: Wiley, 2003.
ing Type Basics for Justice Facilities.
Standard Level Features and es for U.S. Courts Facilities. (1996). Washington,
D.C.: US. General Services Administration, Public Buildings ServiceThis is a
complementary document to the “U.S. Courts Design Guide. ” It establishes the baseline,
standard-level features and finishes for U.S. courts facilities that are funded by the General
Service Administration. It is intended to create a level of quality to determine costs.
Thacker, Gerald. Federal Courthouse. (2012). As part of design guidance from the Whole
Building Design Guide, this resource provides information on attributes of federal
courthouses. In addition to the traditional life-safety and health concerns common to all
buildings, federal courthouse facilities must adhere to guidelines for their aesthetics, security,
adjacency and circulation, barrier-free access, mechanical/electrical systems, automation,
acoustics, interior finishes, and signage.
Tobin, Robert W. A Court Manager’s Guide to Court Facility Financing. Williamsburg,
VA: National Center for State Courts, State Justice Institute, 1995.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES

SELECTED BIBLIOGRAPHY AND REFERENCES FOR PAGE Bibliography-6
COURT FACILITY PLANNING AND DESIGN
Office of the Executive Secretary  Prepared by:  Don Hardenberg, Court works
Supreme Court of Virginia Rev: 2/15
Twenty Years of Courthouse Design Revisited - Supplement to “The American
Courthouse.” Chicago, IL: American Bar Association Judicial Administration Division,
National Center for State Courts, State Justice Institute, 1993.
U.S. Courts Design Guide. (2007). Washington, D.C.: Administrative Office of the United
States Courts, Committee on Security and Facilities and the Subcommittee on Space
Standards This guide serves as a planning tool for federal judges and key judicial personnel
who are directly involved in the design of a federal court facility. Second, it provides relevant
information for the General Services Administration (GSA) and an architecture/engineering
(A/E) team to plan, program, and design a functional, aesthetically appropriate, and cost-
effective court facility. Last, it provides policy guidance for the overall planning,
programming, and design of federal court facilities throughout the United States and its
territories.
Uniform Federal Accessibility Standards. Washington, DC: United States Access Board,
n.d. [accessed July 2006] available at http://www.access-board.gov/ufas/ufashtml/ufas.htm.
Utah Judicial System Master Plan for Capital Facilities. Salt Lake City, UT: Utah
Judicial System, n.d. The Utah Judicial Council has developed design guidelines and space
standards to be used as a blueprint in the development of new court facilities and the
renovation of existing ones.  This online resource contains operational and facility planning
guidelines, judicial design guidelines, and space standards.
Wong, F. Michael. Judicial Administration and Space Management: A Guide for
Architects, Court Administrators, and Planners. Gainesville, FL: University Press of
Florida, 2001.
Yeh, Chang-Ming. Court Facility Accessibility Reference Guide. Williamsburg, VA:
National Center for State Courts, State Justice Institute, n.d. [accessed July 2006] available at
http://www.ncsconline.org/WC/Publications/CS_AmeDis_CtAccessibilitySect6.pdf.
Zeruba, John E. Courthouse Security - A Direction or a Destination?. (2007).Justice
System Journal (Vol. 28, No. 1). To ensure that courthouses “meet today’s standards of
protection,” the author outlines a three-step process that includes a threat analysis, a court
facility site survey, and a court security committee.
http://cdm16501.contentdm.oclc.org/cdm/ref/collection/facilities/id/113
http://cdm16501.contentdm.oclc.org/cdm/ref/collection/facilities/id/91
VIRGINIA COURTHOUSE FACILITY GUIDELINES
SELECTED BIBLIOGRAPHY AND REFERENCES FOR PAGE Bibliography-6
COURT FACILITY PLANNING AND DESIGN
Twenty Years of Courthouse Design Revisited - Supplement to “The American
Courthouse.” Chicago, IL: American Bar Association Judicial Administration Division,
National Center for State Courts, State Justice Institute, 1993.
U.S. Courts Design Guide. (2007). Washington, D.C.: Administrative Office of the United
States Courts, Committee on Security and Facilities and the Subcommittee on Space
Standards This guide serves as a planning tool for federal judges and key judicial personnel
who are directly involved in the design of a federal court facility. Second, it provides relevant
information for the General Services Administration (GSA) and an architecture/engineering
(A/E) team to plan, program, and design a functional, aesthetically appropriate, and cost-
effective court facility. Last, it provides policy guidance for the overall planning,
programming, and design of federal court facilities throughout the United States and its
territories.
Uniform Federal Accessibility Standards. Washington, DC: United States Access Board,
n.d. [accessed July 2006] available at http://www.access-board. gov/ufas/ufashtml/ufas. htm,
Utah Judicial System Master Plan for Capital Facilities. Salt Lake City, UT: Utah
Judicial System, n.d, The Utah Judicial Council has developed design guidelines and space
standards to be used as a blueprint in the development of new court facilities and the
renovation of existing ones. This online resource contains operational and facility planning
guidelines, judicial design guidelines, and space standards.
Wong, F. Michael. Ju
Architects, Court Adi
Florida, 2001.
1 Administration and Space Management: A Guide for
strators, and Planners. Gainesville, FL: University Press of
Yeh, Chang-Ming. Court Facility Accessibility Reference Guide. Williamsburg, VA:
National Center for State Courts, State Justice Institute, n.d. [accessed July 2006] available at
http://www.nesconline.org/WC/Publications/CS_AmeDis_CtAccessibilitySect6.pdf.
Zeruba, John E. Courthouse Security - A Direction or a Destination?. (2007).Justice
System Journal (Vol. 28, No. 1). To ensure that courthouses “meet today’s standards of
protection,” the author outlines a three-step process that includes a threat analysis, a court
facility site survey, and a court security committee
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works
Supreme Court of Virginia Rev: 215
APPENDIX C – GENERAL SITE INFORMATION
Russell County Courthouse – 53 East Main Street, Lebanon, Virginia     Bing Aerial Image
Russell County Courthouse ~ 53 East Main Street, Lebanon, Virginia Bing Aerial Image
AIA
®
Document A305TM – 1986
Contractor’s Qualification Statement
AIA Document A305™ – 1986. Copyright © 1964, 1969, 1979 and 1986 by The American Institute of Architects. All rights reserved. WARNING:
This AIA®  Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA®

Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This draft was produced by AIA software at 09:16:27 on 05/25/2016 under Order No.8084274807_1 which expires on 02/02/2017,
and is not for resale.
User Notes:   (1684496740)
1
ADDITIONS AND DELETIONS:
The author of this document
has added information
needed for its completion.
The author may also have
revised the text of the
original AIA standard form.
An Additions and Deletions
Report that notes added
information as well as
revisions to the standard
form text is available from
the author and should be
reviewed.
This document has important
legal consequences.
Consultation with an
attorney is encouraged with
respect to its completion
or modification.
This form is approved and
recommended by the American
Institute of Architects
(AIA) and The Associated
General Contractors of
America (AGC) for use in
evaluating the
qualifications of
contractors.  No
endorsement of the
submitting party or
verification of the
information is made by AIA
or AGC.
ELECTRONIC COPYING of any
portion of this AIA®  Document
to another electronic file is
prohibited and constitutes a
violation of copyright laws
as set forth in the footer of
this document.
The Undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not
to be misleading.
SUBMITTED TO: «  »
ADDRESS: «  »
SUBMITTED BY: «  »
NAME: «  »
ADDRESS: «  »
PRINCIPAL OFFICE: «  »
[ «  » ] Corporation
[ «  » ] Partnership
[ «  » ] Individual
[ «  » ] Joint Venture
[ «  » ] Other «  »
NAME OF PROJECT: (if applicable) «Curtiss Elswick»
TYPE OF WORK: (file separate form for each Classification of Work)
[ «  » ] General Construction
[ «  » ] HVAC
[ «  » ] Electrical
[ «  » ] Plumbing
[ «  » ] Other: (Specify) «  »
§ 1 ORGANIZATION
§ 1.1 How many years has your organization been in business as a Contractor? «  »
§ 1.2 How many years has your organization been in business under its present business
name? «  »
§ 1.2.1 Under what other or former names has your organization operated?
«  »
§ 1.3 If your organization is a corporation, answer the following:
§ 1.3.1 Date of incorporation: «  »
§ 1.3.2 State of incorporation: «  »
§ 1.3.3 President’s name: «  »
curtis.elswick
Text Box
APPENDIX D - AIA DOCUMENT A305-1986
APPENDIX D - AIA DOCUMENT A305-1986
AIA Document A305" - 1986
Contractor’s Qualification Statement
‘The Undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not
to be misleading.
‘SUBMITTED TO: {53
ADDITIONS AND DELETIONS?
‘ADDRESS: {5} ‘Tha author of this document
had added information
bedded for its completion
‘SUBMITTED BY: {5} ‘The author may also have
Feuised the text of the
AE original AIK standard form.
NAME: al Ian lAdgitionp abd Dedetions
Regort that nobes added
ADDRESS: {5} information| as| ell as
‘iisions tp the standard
vin text_ib atailable fron
the author and should be
PRINCIPAL OFFICE: (015)
Peviewes
[2] Corporation This document has importen§
Tegal consequence
(HB ] Partnership Consultation wfth an
sttornpy-fe encgurqged with
(0B) individual peepect totes fonpletion
lor modification,
[9] Joint Venture ‘This_fort™ts_approved and
[4B] Other MH econmndad by the Aner can
(aan)
NAME OF PROJECT: (if applicable) RCURiSS EISWiGKS Snoeica (Asc) for use in
cyatasting the
TYPE OF WORK: (fle separate form for each Classification of Work) Basssications os
endorsement ot the
[49] General Construction ssulmitting garty or
(] HVAC n|is nade by ATA
(405 ] Electrical
[9] Plumbing
[EOD] Other: (Specify)
§1 ORGANIZATION
§ 4.1 How many years has your organization been in business as a Contractor? 815)
§1.2 How many years has your organization been in business under its present business
name? ©
§4.24 Under what other or former names has your organization operated?
ELECTRONIC COPYING of any
portion of this AIA” Docunent
to another electronic file i
prohibited and constitutes
§ 1.3 If your organization is a corporation, answer the following: violation of copyright Laws
§ 1.3.4 Date of incorporation: « » See cccanene TBS Footee OF
§1.32 State of incorporation: « »
§1.33 President’s name: >
«>
aE See Ne Sa Se 2S Sn SS
a RIA Document. is protect oresane tae tnd intarnationes Teeter. Omaterited reproduction of dietrimacon of hie 1
AIA Document A305™ – 1986. Copyright © 1964, 1969, 1979 and 1986 by The American Institute of Architects. All rights reserved. WARNING:
This AIA®  Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA®

Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This draft was produced by AIA software at 09:16:27 on 05/25/2016 under Order No.8084274807_1 which expires on 02/02/2017,
and is not for resale.
User Notes:   (1684496740)
2
§ 1.3.4 Vice-president’s name(s)
«  »
§ 1.3.5 Secretary’s name: «  »
§ 1.3.6 Treasurer’s name: «  »
§ 1.4 If your organization is a partnership, answer the following:
§ 1.4.1 Date of organization: «  »
§ 1.4.2 Type of partnership (if applicable): «  »
§ 1.4.3 Name(s) of general partner(s)
«  »
§ 1.5 If your organization is individually owned, answer the following:
§ 1.5.1 Date of organization: «  »
§ 1.5.2 Name of owner:
«  »
§ 1.6 If the form of your organization is other than those listed above, describe it and name the principals:
«  »
§ 2 LICENSING
§ 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and
indicate registration or license numbers, if applicable.
«  »
§ 2.2 List jurisdictions in which your organization’s partnership or trade name is filed.
«  »
§ 3 EXPERIENCE
§ 3.1 List the categories of work that your organization normally performs with its own forces.
«  »
§ 3.2 Claims and Suits.  (If the answer to any of the questions below is yes, please attach details.)
§ 3.2.1 Has your organization ever failed to complete any work awarded to it?
«  »
§ 3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against
your organization or its officers?
«  »
§ 3.2.3 Has your organization filed any law suits or requested arbitration with regard to construction
contracts within the last five years?
«  »
§ 3.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of
another organization when it failed to complete a construction contract?  (If the answer is yes, please attach details.)
«  »
$1.34 Vice-president’s name(s)
§ 1.4 If your organization is a partnership, answer the following:
§ 1.4.4 Date of organization:
§ 1.4.2 Type of partnership (if applicable): @
§1.4.3 Name(s) of general partner(s)
§1.5 If your organization is individually owned, answer the following:
§ 184 Date otarganization: ks
§ 1.5.2 Name of owner:
§ 1.6 If the form of your organization is other than those listed above, describe it and name
§2 LICENSING
§ 2.4 List jurisdictions and trade categories in which your organization is legally qualified to do business, and
indicate registration or license numbers, if applicable.
§ 2.2 List jurisdictions in which your organization’s partnership or trade name is filed.
§3 EXPERIENCE
§ 341 List the categories of work that your organization normally performs with its own forces.
§3.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach det
§3.2.4 Has your organization ever failed to complete any work awarded to it?
§3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending
your organization or its officers?
§3.2.3 Has your organization filed any law suits or requested arbitration with regs
contracts within the last five years?
§ 3.3 Within the last five years, has any officer or principal of your organization ever been
another organization when it failed to complete a construction contract? (If the answer is yes, please attach details.)
[an Doconent A300 ~ 1986, copyrigne © 196s, 1009, 1979 and 1006 by Tea Doatican Tuatltate of ATGRIGGCs, ALL Fights renerved, WAG
nis Ain” Docunant is protected by U.8._COnPEight Law and International Tresties. Unauthorined reproduction or distribution of this AIX’
Shor" ena Saws take arave was prodced hy AIM sofesate at OMIer#7 on HB7a5/20U6 Undar Order NOCPDBGTTSNOTT which axpiver on 82/02/2019,
AIA Document A305™ – 1986. Copyright © 1964, 1969, 1979 and 1986 by The American Institute of Architects. All rights reserved. WARNING:
This AIA®  Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA®

Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This draft was produced by AIA software at 09:16:27 on 05/25/2016 under Order No.8084274807_1 which expires on 02/02/2017,
and is not for resale.
User Notes:   (1684496740)
3
§ 3.4 On a separate sheet, list major construction projects your organization has in progress, giving the name of
project, owner, architect, contract amount, percent complete and scheduled completion date.
«  »
§ 3.4.1 State total worth of work in progress and under contract:
«  »
§ 3.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the
name of project, owner, architect, contract amount, date of completion and percentage of the cost of the work
performed with your own forces.
«  »
§ 3.5.1 State average annual amount of construction work performed during the past five years:
«  »
§ 3.6 On a separate sheet, list the construction experience and present commitments of the key individuals of your
organization.
«  »
§ 4 REFERENCES
§ 4.1 Trade References:
«  »
§ 4.2 Bank References:
«  »
§ 4.3 Surety:
§ 4.3.1 Name of bonding company:
«  »
§ 4.3.2 Name and address of agent:
«  »
§ 5 FINANCING
§ 5.1 Financial Statement.
§ 5.1.1 Attach a financial statement, preferably audited, including your organization’s latest balance sheet
and income statement showing the following items:
Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued
income, deposits, materials inventory and prepaid expenses);
Net Fixed Assets;
Other Assets;
Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income
taxes, advances, accrued salaries and accrued payroll taxes);
§34 On a separate sheet, list major construction projects your organization has in progress, giving the name of
project, owner, architect, contract amount, percent complete and scheduled completion date.
§3.44 State total worth of work in progress and under contract: |
Ee
§3.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the
name of project, owner, architect, contract amount, date of completion and percentage of the c
performed with your own forces.
$3.54 State average annual amount of construction work performed during the pas
$3.6 On a separate sheet, list the construction experience and present commitments of the key individuals of your
organization,
§4 REFERENCES
§ 44 Trade References:
§42 Bank References:
§ 4.3 Surety:
§ 43.1 Name of bonding company:
§43.2 Name and address of agent:
§ 5 FINANCING
§54 Financial Statement.
$51.1 Attach a financial statement, preferably audited, including your organization’
and income statement showing the following items:
Current Assets (.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued
income, deposits, materials inventory and prepaid expenses);
Net Fixed Assets;
Other Assets;
Current Liabilities (e.g., accounts payable, notes payable, accrued expenses,
taxes, advances, accrued salaries and accrued payroll taxes);
[in Doconent A305" — 1986, copyright © TaGs, 1009, 1979 and 1006 by Tha Dmarican Teatltate of ATGRIGGCeS, ALL Fights enerved, WAG
nis Ain” Docunant is protected by U.8._COnPEight Law and International Tresties. Unauthorined reproduction or distribution of this AIX’
Shor" ena Saws take arave was prodced hy AIM sofesate at OMIer#7 on HB7a5/20U6 Undar Order NOCPDBGTTSNOTT which axpiver on 82/02/2019,
AIA Document A305™ – 1986. Copyright © 1964, 1969, 1979 and 1986 by The American Institute of Architects. All rights reserved. WARNING:
This AIA®  Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA®

Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This draft was produced by AIA software at 09:16:27 on 05/25/2016 under Order No.8084274807_1 which expires on 02/02/2017,
and is not for resale.
User Notes:   (1684496740)
4
Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned
surplus and retained earnings).
§ 5.1.2 Name and address of firm preparing attached financial statement, and date thereof:
«  »
§ 5.1.3 Is the attached financial statement for the identical organization named on page one?
«  »
§ 5.1.4 If not, explain the relationship and financial responsibility of the organization whose financial
statement is provided (e.g., parent-subsidiary).
«  »
§ 5.2 Will the organization whose financial statement is attached act as guarantor of the contract for construction?
«  »
§ 6 SIGNATURE
§ 6.1 Dated at this «  » day of «  » «  »
Name of Organization: «  »
By: «  »
Title: «  »
§ 6.2
«  »
M «  » being duly sworn deposes and says that the information provided herein is true and sufficiently complete so
as not to be misleading.
Subscribed and sworn before me this «  » day of «  » «  »
Notary Public: «  »
My Commission Expires: «  »
Other Liabilities (e.g, capital, capital stock, authorized and outstanding shares par values, earned
surplus and retained earnings).
$51.2 Name and address of firm preparing attached financial statement, and date thereof:
$51.3 Is the attached financial statement for the identical organization named on page
$5.14 If not, explain the relationship and financial responsibility of the organization
statement is provided (e.g., parent-subsidiary).
§5.2 Will the organization whose financial statement is attached act as guarantor of the contract for construction?
§6 SIGNATURE
§6.4 Dated at this 05 day of 3 WB
Name of Organization: @B
By: OS
M &B being duly sworn deposes and says that the information provided herein is true and sufficiently compl
as not to be misleading.
‘Subscribed and sworn before me this 8 day of MB QB
My Commission Expires: @)
Notary Public
[in Doconent A305" — 1986, copyright © TaGs, 1009, 1979 and 1006 by Tha Dmarican Teatltate of ATGRIGGCeS, ALL Fights enerved, WAG
nis Ain” Docunant is protected by U.8._COnPEight Law and International Tresties. Unauthorined reproduction or distribution of this AIX’
Shor" ena Saws take arave was prodced hy AIM sofesate at OMIer#7 on HB7a5/20U6 Undar Order NOCPDBGTTSNOTT which axpiver on 82/02/2019,
AIA
®
Document B305TM – 1993
Architect’s Qualification Statement
AIA Document B305™ – 1993 (formerly B431™ – 1993). Copyright © 1963, 1979 and 1993 by The American Institute of Architects. All rights
reserved. WARNING: This AIA®  Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or
distribution of this AIA®  Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This draft was produced by AIA software at 15:54:51 on 11/08/2016 under Order No.8084274807_1 which
expires on 02/02/2017, and is not for resale.
User Notes:   (1917277555)
1
ADDITIONS AND DELETIONS:
The author of this document
has added information
needed for its completion.
The author may also have
revised the text of the
original AIA standard form.
An Additions and Deletions
Report that notes added
information as well as
revisions to the standard
form text is available from
the author and should be
reviewed.
This document has important
legal consequences.
Consultation with an
attorney is encouraged with
respect to its completion
or modification.
ELECTRONIC COPYING of any
portion of this AIA®  Document
to another electronic file is
prohibited and constitutes a
violation of copyright laws
as set forth in the footer of
this document.
DATE: «  »
SUBMITTED TO: «  »
ADDRESS: «  »
NAME OF PROJECT (If Applicable): «Curtiss Elswick»
1 BASIC INFORMATION
§ 1.1 Architect: (Firm Name and Legal Status)
«  »«  »
§ 1.2 Business Address:
«  »
§ 1.3 Telephone Number:
«  »
§ 1.4 Person to Contact:
«  »
§ 1.5 Type of Organization: (Check one)
[ «  » ] Individual or Sole Proprietorship
[ «  » ] Professional Corporation/Association
[ «  » ] Corporation
[ «  » ] Partnership
[ «  » ] Joint Venture*
[ «  » ] Other*
*If Joint Venture or Other, give details.
«  »
2 GENERAL STATEMENT OF QUALIFICATIONS
«  »
3 GENERAL INFORMATION
(This information may be provided via the Architect’s brochure which may be attached
and listed in Article 8.)
§ 3.1 Names of Principals:
«  »
curtis.elswick
Text Box
APPENDIX D - AIA DOCUMENT B305-1993
APPENDIX D - AIA DOCUMENT B305-1993
D/~) ara’ Document B305" - 1993
Architect’s Qualification Statement
DATE:
‘SUBMITTED TO: &
‘ADDRESS: i 9
NAME OF PROJECT (If Applicable): WCurtiss Elswick}
author of this document
added information
d for its completion.
‘The author may also have
ised the text of the
Standard form.
ahd Deletions
1 BASIC INFORMATION
§4.1 Architect: (Firm Name and Legal Status)
§1.2 Business Address:
§ 1.3 Telephone Number:
§ 14 Person to Contact:
§ 1.5 Type of Organization: (Check one)
[49 } Individual or Sole Proprietorship
[43 } Professional Corporation/Association
[© ] Corporatic
[403 } Partnerst
[43 ] Joint Venture*
[49 ] Other*
*If Joint Venture or Other, give details.
‘2. GENERAL STATEMENT OF QUALIFICATIONS

GENERAL INFORMATION IBCTAONTC COPYING of any

(This information may be provided via the Architect’s brochure which may be attached portion of this AIA’ Document
and listed in Article 8.) to another electronic file ie
prohibited and constitutes a
nck Violation of copyright Laws
§3.1 Names of Principals: as set forth in the footer of
this document.
ar and will be prosecsted to che
Bekltur Sn ta/oh/200%, and ts act fee eemaer |) Prouuens by RIA gortnase at ” ween enes ame
AIA Document B305™ – 1993 (formerly B431™ – 1993). Copyright © 1963, 1979 and 1993 by The American Institute of Architects. All rights
reserved. WARNING: This AIA®  Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or
distribution of this AIA®  Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This draft was produced by AIA software at 15:54:51 on 11/08/2016 under Order No.8084274807_1 which
expires on 02/02/2017, and is not for resale.
User Notes:   (1917277555)
2
§ 3.2 Professional History:
«  »
§ 3.3 Registration Status:
«  »
§ 3.4 Professional Affiliations:
«  »
§ 3.5 Key Personnel:
«  »
§ 3.6 Total Number of Staff:
«  »
§ 3.7 Number of Registered Architects:
«  »
§ 3.8 Honors and Awards:
«  »
§ 3.9 Professional and Civic Involvement:
«  »
4 RELATED PROFESSIONAL SERVICES
(List proposed consultants, if applicable.)
«  »
§ 4.1 Structural:
«  »
§ 4.2 Mechanical:
«  »
§ 4.3 Electrical:
«  »
§ 4.4 Interior Design:
«  »
§ 4.5 Others:
«  »
§3.2 Professional History:
§3.3 Registration Status:
§ 344 Professional Affiliations:
$3.5 Key Personnel:
§.3.6 Total Number of Staff:
§3,7 Number of Registered Architects:
$3.8 Honors and Awards:
§3.9 Professional and Civie Involvement:
4 RELATED PROFESSIONAL SERVICES
(List proposed consultants, if applicable.)
§44 Interior Design:
ia Soomene 8305% 1093 (Zormarly BOI™ 1905). Sopjrighe © 0G, 10)0 sna 100) by The lyacican Taseleuee of Archieacen, AML Highte
eterved, WAFNING: TAs ATA" Document so protected by U.S. Copyeight Law and Thternationat Treaties. Unauthorized reproduction oF 2
EUCESataon oe emia Ala" Cocumeat, or any portion of $c, nay feasit sn severe eivil and crsniaal Penalties, and will be prosecated to the
‘sacimun excane possible under the ia tia Grate wat prosiced Dy RIA aofevara se 16:45) on 19/QH/T016 andar Oxser Nov BEREEIOT 1 which
‘Sipiras sn 02/00/2017, ana is ot for cesale
AIA Document B305™ – 1993 (formerly B431™ – 1993). Copyright © 1963, 1979 and 1993 by The American Institute of Architects. All rights
reserved. WARNING: This AIA®  Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or
distribution of this AIA®  Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This draft was produced by AIA software at 15:54:51 on 11/08/2016 under Order No.8084274807_1 which
expires on 02/02/2017, and is not for resale.
User Notes:   (1917277555)
3
5 PROJECTS
(Projects for which personnel of this firm had responsible charge while associated with other firms are indicated by
an asterisk.)
§ 5.1 The following projects are representative of the Architect’s recent work.  A brief description of each project is
attached.
«  »
§ 5.2 Other representative projects with dates of completion:
«  »
6 REFERENCES
«  »
7 STATEMENT OF POTENTIAL CONFLICTS OF INTEREST
«  »
8 ADDITIONAL INFORMATION
(If attachments are provided, list them here.)
«  »
ARCHITECT:
By:
I hereby certify that, as of the above date, the information provided in this Architect’s Qualification Statement is true
and sufficiently complete so as not to be misleading.
(Signature)
«  »«  »
(Printed name and title)
‘5 PROJECTS
(Projects for which personnel of this firm had responsible charge while associated with other firms are indicated by
an asterisk.)
$5.1 The following projects are representative of the Architect’s recent work. A brief description of each project is
attached.
$5.2 Other representative projects with dates of completion:
6 REFERENCES
‘7 STATEMENT OF POTENTIAL CONFLICTS OF INTEREST
8 ADDITIONAL INFORMATION
(if attachments are provided, list them here.)
ARCHITECT:
By:
Thereby certify that, as of the above date, the information provided in this Architect’s Qualification is
and sufficiently complete so as not to be misleading.
‘Gignature)
(Printed name and title)
RY
ia Soomene 8305% 1093 (Zormarly BOI™ 1905). Sopjrighe © 0G, 10)0 sna 100) by The lyacican Taseleuee of Archieacen, AML Highte
eterved, WAFNING: TAs ATA" Document so protected by U.S. Copyeight Law and Thternationat Treaties. Unauthorized reproduction oF 3
EUCESataon oe emia Ala" Cocumeat, or any portion of $c, nay feasit sn severe eivil and crsniaal Penalties, and will be prosecated to the
SLCiRa"Sntatipoenadelunaae tie fay. Threraate nan prcalcet hy ATA softnnta av 1sse’0h on ST/OH/3%8 vader Orsay Mo, aBbataHOy 1 ablch
AIA Document B305™ – 1993 (formerly B431™ – 1993). Copyright © 1963, 1979 and 1993 by The American Institute of Architects. All rights
reserved. WARNING: This AIA®  Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or
distribution of this AIA®  Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This draft was produced by AIA software at 15:54:51 on 11/08/2016 under Order No.8084274807_1 which
expires on 02/02/2017, and is not for resale.
User Notes:   (1917277555)
4
ARCHITECT:
«  »
PROJECT:
«  »
Size: «  »
Cost: «  »
Owner: «  »
Owner Contact: «  »
Completion Date: «  »
Contractor/Construction Manager: «  »
Brief Description: «  »
ARCHITECT:
PROJECT:
Owner Contact: 5
‘Completion Date: 5)
Contractor/Construction Manager:
Brief Description: QB
DIRAIF
ia Soomene 8305% 1093 (Zormarly BOI™ 1905). Sopjrighe © 0G, 10)0 sna 100) by The lyacican Taseleuee of Archieacen, AML Highte
eterved, WAFNING: TAs ATA" Document so protected by U.S. Copyeight Law and Thternationat Treaties. Unauthorized reproduction oF
EUCESation oe than ala" Documeat, or any portion of £¢, nay feoult sn severe eivil and criminal ponaitiea, and will be prosecaved to the 4
‘sacimun excane possible under the ia tia Grate wat prosiced Dy RIA aofevara se 16:45) on 19/QH/T016 andar Oxser Nov BEREEIOT 1 which
‘Sipiras sn 02/00/2017, ana is ot for cesale
AIA Document B305™ – 1993 (formerly B431™ – 1993). Copyright © 1963, 1979 and 1993 by The American Institute of Architects. All rights
reserved. WARNING: This AIA®  Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or
distribution of this AIA®  Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This draft was produced by AIA software at 15:54:51 on 11/08/2016 under Order No.8084274807_1 which
expires on 02/02/2017, and is not for resale.
User Notes:   (1917277555)
5
ARCHITECT:
«  »
PROJECT:
«  »
Size: «  »
Cost: «  »
Owner: «  »
Owner Contact: «  »
Completion Date: «  »
Contractor/Construction Manager: «  »
Brief Description: «  »
ARCHITECT:
PROJECT:
Owner Contact: 5
‘Completion Date: 5)
Contractor/Construction Manager:
Brief Description: QB
DIRAIF
ia Soomene 8305% 1093 (Zormarly BOI™ 1905). Sopjrighe © 0G, 10)0 sna 100) by The lyacican Taseleuee of Archieacen, AML Highte
eterved, WAFNING: TAs ATA" Document so protected by U.S. Copyeight Law and Thternationat Treaties. Unauthorized reproduction oF
EUCESataon oe tnsn ala” Documeat, or any portion of $c, nay feault sn severe eivil and criminal ponaitiea, and will be prosecaved to the 5
‘sacimun excane possible under the ia tia Grate wat prosiced Dy RIA aofevara se 16:45) on 19/QH/T016 andar Oxser Nov BEREEIOT 1 which
‘Sipiras sn 02/00/2017, ana is ot for cesale
AIA Document B305™ – 1993 (formerly B431™ – 1993). Copyright © 1963, 1979 and 1993 by The American Institute of Architects. All rights
reserved. WARNING: This AIA®  Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or
distribution of this AIA®  Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This draft was produced by AIA software at 15:54:51 on 11/08/2016 under Order No.8084274807_1 which
expires on 02/02/2017, and is not for resale.
User Notes:   (1917277555)
6
ARCHITECT:
«  »
PROJECT:
«  »
Size: «  »
Cost: «  »
Owner: «  »
Owner Contact: «  »
Completion Date: «  »
Contractor/Construction Manager: «  »
Brief Description: «  »
ARCHITECT:
PROJECT:
Owner Contact: 5
‘Completion Date: 5)
Contractor/Construction Manager:
Brief Description: QB
DIRAIF
ia Soomene 8305% 1093 (Zormarly BOI™ 1905). Sopjrighe © 0G, 10)0 sna 100) by The lyacican Taseleuee of Archieacen, AML Highte
eterved, WAFNING: TAs ATA" Document so protected by U.S. Copyeight Law and Thternationat Treaties. Unauthorized reproduction oF
EUCESataon oe emia ala” Documeat, or any portion of $c, nay feault sn severe eivii and criminal ponaitiea, and will be prosecaved to the 6
‘sacimun excane possible under the ia tia Grate wat prosiced Dy RIA aofevara se 16:45) on 19/QH/T016 andar Oxser Nov BEREEIOT 1 which
‘Sipiras sn 02/00/2017, ana is ot for cesale
AIA Document B305™ – 1993 (formerly B431™ – 1993). Copyright © 1963, 1979 and 1993 by The American Institute of Architects. All rights
reserved. WARNING: This AIA®  Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or
distribution of this AIA®  Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This draft was produced by AIA software at 15:54:51 on 11/08/2016 under Order No.8084274807_1 which
expires on 02/02/2017, and is not for resale.
User Notes:   (1917277555)
7
ARCHITECT:
«  »
PROJECT:
«  »
Size: «  »
Cost: «  »
Owner: «  »
Owner Contact: «  »
Completion Date: «  »
Contractor/Construction Manager: «  »
Brief Description: «  »
ARCHITECT:
PROJECT:
Owner Contact: 5
‘Completion Date: 5)
Contractor/Construction Manager:
Brief Description: QB
DIRAIF
ia Soomene 8305% 1093 (Zormarly BOI™ 1905). Sopjrighe © 0G, 10)0 sna 100) by The lyacican Taseleuee of Archieacen, AML Highte
eterved, WAFNING: TAs ATA" Document so protected by U.S. Copyeight Law and Thternationat Treaties. Unauthorized reproduction oF
ENCE Sataon oe tnsn ala” Documeat, or any portion of st, nay feault sn severe eivil and criminal penalties, and will be prosecaved to the 7
‘sacimun excane possible under the ia tia Grate wat prosiced Dy RIA aofevara se 16:45) on 19/QH/T016 andar Oxser Nov BEREEIOT 1 which
‘Sipiras sn 02/00/2017, ana is ot for cesale
Board of Supervisors Action Item C-1 – C-13
137 Highland Drive Presenter: Administrator
Lebanon, VA 24266
               Meeting: 8/3/20         6:00 PM 

County Administrator Reports & Requests
The County Administrator Reports & Request for July 2020:
REPORTS


LEMPG Grant FY 2020……………………………………………………………………C-1


Cumberland Mountain Community Services FY 2021 Contract…………………C-2


Honaker & Castlewood Canneries……………………………………………………C-3


RC GIS System Upgrade,………………………………………………………………C-4


REQUESTS


Federal CARES Relief Fund Certification.…………………………………….…….C-5


VDOT Smart Scale Resolutions for Rte. 19 & Rte. 58 Projects……………………C-5


VTC WanderLOVE Marketing Grant ($10,000)……………………………………….C-6


DHCD Town of Cleveland Sewer Plant PER Contract…………………………….C-7


LEMPG Grant FY 2021 ($7,500)…………………………………………………………C-8


VFIRS Hardware Grant ($86,763)………………………………………………………C-9


Oak Grove Community Facility Addition……………………………………………C-10


DCJS School Resource Officer Grant ($57,287)……………………………………C-11


Highway Abundant Life Church Pump and Haul Septic System…………………C-12


Travel Request……………………………………………………………………………C-13


STAFF RECOMMENDATION(s):
Board Discretion.
SUGGESTED MOTION(s):
Board Discretion.
ATTACHMENTS:
• Various
Russell County Government Center
137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011
www.russellcountyva.us
http://www.russellcountyva.us/
http://www.russellcountyva.us/
Board of Supervisors Action Item C-1 - C-13
137 Highland Drive Presenter: Administrator
Lebanon, VA 24266
Meeting: 8/3/20 6:00 PM
County Administrator Reports & Requests
The County Administrator Reports & Request for July 2020:
REPORTS


LEMPG Grant FY 2020…


Cumberland Mountain Community Services FY 2021 Contract.


Honaker & Castlewood Cannerie:


4, RC GIS System Upgrade,…
REQUESTS
5. Federal CARES Relief Fund Certification.


VDOT Smart Scale Resolutions for Rte. 19 & Rte. 58 Projects.


VTC WanderLOVE Marketing Grant ($10,000)…


DHCD Town of Cleveland Sewer Plant PER Contract…


9, LEMPG Grant FY 2021 ($7,500)…


VFIRS Hardware Grant ($86,763).


Oak Grove Community Facility Addition…


DCJS School Resource Officer Grant ($57,287).


Highway Abundant Life Church Pump and Haul Septic System…


14, Travel Request.
‘STAFF RECOMMENDATION(s):
Board Discretion.
SUGGESTED MOTION(s):
Board Discretion,
ATTACHMENTS:

Various

Russell County Government Center
137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011
www. russelleountyva.us
EE
WY
VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT
WORK ELEMENTS FINAL REPORT
Performance Period: July 1, 2019 - June 30, 2020
Russell County
(Jurisdiction)
This is to certify that the amount of $7,500.00 (grant allocation) received as payment under
LEMPG has been expended for the purpose of enhancing Emergency Management in the
locality.
It is further certified that the locality has provided required match documentation that
demonstrates the use of non-federal funds (cash or in kind) in the amount of $7,500.00 (local
match) for Emergency Management which is equal to, or greater than, the LEMPG allocation.
Error! Reference source not found. Emergency Management Staff_ (enter name of person)
EM Coordinator … Jess R. Powers
EM Deputy Coordinator Levi Horton, Betsy Summerfield
EM Director … … Carl Rhea, Deputy Director: Oris Christian
Planning
1.1. This work element requires that the locality ensure that local EOP adoption is current, and that
‘ongoing maintenance of the plan is occurring and is housed in Previstar.
Enter date of EOP Adoption (Month/Year) June 2020
If your EOP is current and housed in Previstar as of June 30th, skip to 1.2.
If your EOP is not current as of June 30th, describe the status of your planning efforts
and expected adoption date. (maximum 625 characters)
[Completed the revisions and update (4-year review) of the EOP and incorporated the updates/revisions intd
the plan and presented to the Board of Supervisors (BOS) for review on May 21, 2020. Emergency]
Honegement Coordinator atiended the BOS meeting to answer ery questions of recoive rvisions of th
EOP on June 1, 2020 and on June 17, 2020. The EOP on The EOP was adopted on June 17, 2020 by th
[BOS. The BOS have scheduled to sign the resolution for EOP adoption on Aug. 3, 2020. Distribution ofthe}
(OP to all partner agencies and Previstar will commence Aug. 10, 2020.
1.2 This work element requires that the locality coordinate emergency management planning
activities with all public colleges and universities, if applicable, in the locality. Such coordination
with private institutions is encouraged.
Does locality have private or public colleges or universities?
If no, skip to 2.1. If yes, complete following information
Page 1 of 3
If locality did not check “Y” for the above, then answer the following:
3-Year exercise program developed? (Attach copy to this report) yoo
Locality was an active participant in VOPEX during the program year? YCINC)
Crisis Management System

This work element requires locality to maintain personnel who are trained in, and have access to, WebEOC,

List all persons trained in, and who have current access to, WebEOC.
(maximum 625 characters)
jess R, Powers
Capability Reporting

This work element requires that locality conduct an annual review of LCAR and submit results to VDEM by
June 30, 2020.
Current LCAR Submitted? _ YL] NIXJ The LCAR for this fiscal year has not been
released due to the COVID-19 pandemic and resulting emergency responses. Once
the FY2019 LCAR is released, the Russell County Emergency Management
Coordinator will complete the LCAR and submit as required by the LEMP grant award.

Please feel free to add ack
SVB. squkd) | s055 R. Powers July 17, 2020
Coordinator of Eymefgenoy Management Date
J Lonzo Lester, Jr o/h E72 >
Da
Chief Administrative Officer
VDEM Chief Regional Coordinator Date
This report must be submitted to your Chief Regional Coordinator by July 31, 2020.
Region 1 [email protected] Region § [email protected],aov
Region 2. [email protected] Region 6 [email protected]
Region 3. [email protected] Region 7 [email protected]
Region 4 [email protected]
Page 3 of 3
CUMBERLAND MOUNTAIN COMMUNITY SERVICES
Mental Health, Intellectual Disability, and Substance Abuse Services
Mary F. Cole, LCSW, Executive Director
July 10, 2020
Mr. Lonzo Lester
County Administrator
Russell County Board of Supervisors
P.O. Box 1208
Lebanon, Virginia 24266
Dear Mr. Lester:
Please find attached a copy of our FY 2021 Performance Contract financial pages
as submitted to the Department of Behavioral Health.
‘A complete copy of the contract can be found at:
http://dbhds. virginia. gov/behavioral-health/office-of-support-services
This is to comply with the Administrative Requirements of our Performance
Contract with the Department of Behavioral Health and Developmental Services,
It requires our performance contract to be approved by the governing body of
each political subdivision that established Cumberland Mountain Community
Services.
Ifyou have any questions concerning the contract please give me a call. Thank
you for your assistance,
Sincerely,
Wy JlL-
Mary F. Cole
Executive Director
P.O. Box 810 Cedar Bluff, VA 24609 « Tel: (276) 964-6702 = Fax: (276) 964-0292 = TDD 1-800-347-4939
FY2021 And FY2022 Community Services Performance Contract
FY 2021 Exhibit A: Resources and Services
Cumberland Mountain Community Services Board
3 through AF-12)
[Funding Sources |Mental Health [Developmental] Substance | TOTAL
(MMH) Services| (DV) Services |Use Disorder
(SUD)
_ . | Services |
State Funds 360,032; 1,682,686) 6,260,753
[Local Matching Funds 68,000 7,000 204,696

Total Fees: — 9,632,440 660,537| 17,038,504
[ ‘Transfer Fees Ini(Out) 0 or a)
Federal Funds ~G)4623,876 1,753,476 |

“Other Funds 28,000 700 74,840
State Retained Earnings 0 173,593 400,002
Federal Retained Earnings 7 0 _ iy 0
~ Other Retained Earnings 7,997 ol 28,210 36,207
| Subtotal Ongoing Funds «| ~——«11,507,004/ 10,097,472 4,170,002) 25,774,478
State Funds One-Time 0 0 0
r Federal Funds One-Time a) oO oO
‘Subtotal One -Time Funds 0 ) 0 a)
TOTAL ALL FUNDS 14,507,004 40,097,472 4,170,002/ 25,774,478 |
Cost for MH/DV/SUD Services 9,887,720 10,097,472] 3,960,423] 23,945,624]
~ Cost for Emergency Services (AP-4) 1,782,013
_ “Cost for Ancillary Services (AP-4) 74,966 |
a Total Cost for Services| 25,802,603
Local Match Computation CSB Administrative Percentage
[ Total State Funds 6260,753| | Administrative Expenses 3,309,600
Total Local Matching Funds 204,696| | Total Cost for Services 25,802,603
~~ Total State and Local Funds 6474449| | Admin / Total Expenses 12.83%
~~ Total Local Match % 3.16%
(Local/Total State+Local) |
Report Date 7/10/2020 AFA
FY2021 And FY2022 Community Services Performance Contract
FY 2021 Exhibit A: Resources and Services
Cumberland Mountain Community Services Board
Financial Comments
tal Health:
(Comment
Comment? | MH Stato Retained Earaings:
in FVi6 - $31,813
\Comment3 | CCBHG Training funds receive
GIT Assessment funds received in FY18 - $107,263
‘Comment4
Comments | OF Fac nda vocahod wFVTE- 82.878
(Comment6 | Telepsychiatry funds received in FY 17 & FY 20-811,942
(Comment? | Siside Prevention funds ceived FY 20-3251 — .
Comments
Comment) | Nit Other Retained Earnings:
Commentio| Ave You Okay funds received in FY 20 $7,997 |
‘Comment 1
‘Comment12 |Pevelopmental Services: _ |
(CommentI3]| Medicaid DD Waiver fees reduced by $283,800 which are transferred to Part
‘Comment14 | General funds reduced by $34,530 which are transferred io Part © |
‘Comment15
[Comment16 [Substance Abuse:
‘CommentI7| SA Slate Retained Earnings:
Commentt8| SFG Wat ands received n FY20- $195,000
(Comment) | Cainal Justice Opiod Project funds ecaived in FY 18 640598
Comment20
Commenray | SA Otter Retained Earngs
\Commanra2| ASKE Grant received in FYTO $28,210
‘Comment23
[Comment24 Mi First Aid and Suicide Prevention- Anticipated grant in the amount of $62,500
(Comment25 | Wansfers out to other CSB’s and the Crisis Center in the amount of $26,125.
Report Date 7/10/2020 AR2
FY2021 And FY2022 Community Services Performance Contract
FY2021 Exhibit A: Resources and Services
Cumberland Mountain Community Services Board
Financial Comments 2nd Page
MH In-Kind Contributions - Local Wal-Mart’s donate food to our programs thru the Feeding America program. They value these donations at $1.68
per pound, The MH program is estimated to receive approximately 3,333 pounds of donated food for FY 21. Estimated value $5,600,

DV In-Kind Contributions - Local Wal-Mart’s donate food to our programs thru the Feeding America program. They value these donations at $1.68,
per pound. The DV program is estimated to receive approximately 40,476 pounds of donated food for FY 21. Estimated valve $68,000.

= DV OBRA Funds - Anticipated OBRA funding for FY 21 is estimated at $122,391,
= SUD Federal Oploid Response - Recovery - Anticipated funding for FY 21 is $185,000 and $25,000 has already been allocated and received on the
fist warrant for FY 21

SUD Federal Opioid Response - Treatment - Anticipated funding for FY 21 is $275,000 and $125,000 has already been allocated and received on
the first warrant for FY21

= SUD Federal Opioid Response - Prevention - Anticipates funding for FY 24 is $70,000,
Report Date 7/10/2020
FY2021 And FY2022 Community Services Performance Contract
FY2021 Exhibit A: Resources and Services
‘Mental Health (MH) Services
Cumberland Mountain Community Services Board
Funding Sources Funds
a -
MH Medicaid Fees 6,496,891
MH Fees: Other 248,636
Total MH Fees 6,785,527
[Mi Transfer Fees In/(Out) o
MH Net Fees 6,745,527
FEDERAL FUNDS
[MH FBG SED Child & Adolescent (93.958) 51,021
MH FBG Young Adult Sl (93.958) o
[MH FBG SM (93.958) 73879
MH FBG SM PACT (93.958) °
[MH FBG SM SWVBH Board (93.958) 0
‘Total MMH FBG SNA Funds 73,579
(MH FBG Geriatris (93.958) 0
[MH FBG Peer Services (93.958) 0
otal MH FBG Adult Funds 78,579
[MH Federal PATH (93.150) °
[MH Federal COVIO Emergency Grant (93.665)
MH Other Federal - DBHOS, o
MH Other Federal - COVID Support
Mi Other Federal -CSB °
‘otal MH Federal Funds 79,600.
STATE FUNDS
Regional Funds
°
(MH Acute Care (Fiscal Agent)
MH Acute Care Transfer In/(Out)
Total MH Net Acute Care - Restricted
MH Regional DAP (Fiscal Agent) 0
(MH Regional DAP Transfer In/(Out) 293,995
‘Total MH Net Regional DAP - Restricted 293,995
MH Regional Residential DAP - Restricted 0
MH Crisis Stabilization (Fiscal Agent) 720,597
[MH Crisis Stabilization - Transfer in/(Out) °
Total Net MH Crisis Stabilization - Restricted 720,597
[MH Transfers from DBHDS Facilities (Fiscal Agent) °
(MH Transfers from DBHDS Facilities - Transfer In/Out) 0
Total Net MH Transfers from DBHDS Facilities 0
MH Expanded Community Capacity (Fiscal Agent) 0
MH Expanded Community Capacity Transfer In/Out) 0
Total MH Net Expanded Community Capacity 0
Report Date 7/10/2020 Ars
FY2021 And FY2022 Community Services Performance Contract
FY2024 Exhibit A: Resources and Services
Mental Health (MH) Services
Cumberland Mountain Community Services Board
Funding Sources Funds
In Frat id and suede Prevention sl Arent) 62,500
IH iat id ad Suede Prevention Taster n/t) 263%,
Total i Net ist id and suicide Prevention Saas
MH STep.vA Outpatient sca Agent) 323.5
MH STEP.vA Outpatient Tansern/out 0
Total Net Mi STEPAVA Outpatient as
tun srep-va css sal ent 0
IMM TEP-VA Css Transfer In/Out 0
Total Net Mi iEPAVA iss oo
In orensiDachaege Planing (sa gent) 0
MH Foren lscharge Planing Transfer n/{Ou) ss.683
Total Net Mi Foresi Discharge lasing a
tun permanent supportive Housing Fiscal Age) .
MH Permanent Supportive Housing Transfer In/(Out) °
Total Net Mi Permanent Supportive Housing —_——s
bt Recovery (sa Agent vss
tH other Merged Regional unds (Fiscal Age) a
tan state tional De Sens (Fiscal Ager] scoooe
bait Total Regional Tnster n/t) °
“otal Mi Net Unrestricted Regional state Funds sae
Tota MH Net Regional stat Funds henme
chien Stat funds
NaH Child & Adolescent Sens native 35,609
1H Chile’s Outpatient Sescs 75,000
twit sere Detention 0
Total MH Rested Children’s Funds ao
WW state Chen’s Services 25,000
1a Demo Prost of Care (hl) 20900
Total Unrestricted Chiles’ Funds 00"
sponse & hid Psychiatry (sa Agent) 0
Response & Child Psychiatry Transfer In/(Out)
Total MH Net Restricted Crisis Response & Child Psychiatry
ren) 527,963
‘Total State MH Children’s Funds (Restricted for Cl
Other State Funds
(MH Law Reform 265,194
MH Pharmacy - Medication Supports 104,973,
[MH Jail Diversion Services °
°
‘MH Rural Jall Diversion
Report Date 7/10/2020 Are
FY2021 And FY2022 Community Services Performance Contract
FY2021 Exhibit A: Resources and Services
Mental Health (MH) Services
Cumberland Mountain Community Services Board
Funding Sources Funds
‘MH Docket Pilot JMHCP Match o
|MHt Adult Outpatient Competency Restoration Services °
MH CIT-Assessment Sites 349,772
Mi Expand Telepsychiatry Capacity 23,367
MH PACT o
(MH PACT - Forensic Enhancement o
[MH Gero-Psychiatric Services °
[MH STEP-VA-- SDA, Primary Care Screening, Ancillary Services, and 428,059
Clinicians crisis,
MH Young Adult st o
Total MH Restricted Other state Funds 365
IM State Funds 885,182
IM State NGRI Funds °
°
MH Geriatrics Services
Total MH Unrestricted ther state Funds 995,182
Total MH Other State Funds 2,086,547
TOTAL MH STATE FUNDS 218,035
bai Other Funds 43,140
bi Federal Retained Earnings °
bai state Retained Earnings 226,408
Ii state Retained Earnings - Regional Programs °
bait other Retained Earnings 7997
Total MH other Funds 778,106
LOCAL MATCHING FUNDS
tui Local Government Appropriations 128,96
Imi Phitanthropic Cash Contributions 100
1H inking Contributions 5,600
Ii Local interest Revenue °
Total MH Local Matching Funds —her
Tota MH Funds suso7008
MH ONE TIME FUNDS
‘MH FBG SMI (93.958)
‘MH FBG SED Child & Adolescent (93.958)
‘MH FBG Peer Services (93.958)
MH State Funds
e Restricted State Funds
‘otal One Time MH Funds
Total MH All Funds 11,507,008
Report Date 7/10/2020 AES
FY2021 And FY2022 Community Services Performance Contract
FY2024 Exhil
it A: Resources and Services
Developmental Services (DV)
‘Cumberland Mountain Community Services Board
Funding Sources Funds
RES
DV Medicaid D Waiver Fees 4,968,400
DV Other Medicaid Fees 1,450,700
DV Medicaid ICF/I00 Fees 2,473,900
DV Fees: Other 1,039,440
Total DV Fees Senna
DV Transfer Fees In/(Out) °
DV NET FEES 9,632,400
FEDERAL FUNDS
DV Other Feceral - BHOS >
DV other Federal - CSB o
DV other Federal -COVID Support o
Total DV Federal Funds °
STATE FUNDS
DV State Funds 246,641
DV OBRA Funds 122,391
‘Total DV Unrestricted State Funds 032
DV Trust Fund (Restricted)
DV Rental Subsidies
DV Guardianship Funding
DV Crisis Stabilization (Fiscal Agent)
DV Crisis Stabilization Transfer In(Out)
DV Net Crisis Stabilization
DV Crisis Stal
V Crisis Stabilization-Children Transfer In(Out)
sation-Children (Fiscal Agent)
DV Net Criss Stabilization -Children
‘DV Transfers from DBHDS Facilities (Fisca! Agent)
DV Transfers from DBHDS Facilities - Transfer In/(Out
‘Total Net DV Transfers from DBHDS Facilities
Total DV Restricted State Funds
Total DV State Funds 369,032
Report Date 7/10/2020 AF-6
FY2021 And FY2022 Community Services Performance Contract
FY2021 Exhibit A: Resources and Services
Developmental Services (DV)
Cumberland Mountain Community Services Board
Funding Sources Funds
OTHER FUNDS
DV Workshop Sales 0
DV Other Funds 28,000
DY State Retained Earnings o
DV State Retained Earnings-R °
DV Other Retained Earnings o
Total DV Other Funds 28,000,
LOCAL MATCHING FUNDS
DV Local Government Appropriations ‘
DV Philanthropic Cash Contributions
DV In-Kind Contributions 68,000
DV Local Interest Revenue °
‘Total DV Local Matching Funds ca)
Total DV Funds 10,097,472
DV ONE TIME FUNDS
DV One-Time Restricted State Funds °
‘Total One Time DV Funds ————
Total DV All Funds . 10,097,472
AF-7
Report Date 7/10/2020
FY2024 And FY2022 Community Services Performance Contract
FY2021 Exhibit A: Resources and Services.
‘Substance Use Disorder (SUD) Services
Cumberland ilountain Community Services Board
Funding Sources Funds
RES
SUD Medicald Fees 365,209
‘SUD Fees: Other 295,328
‘otal SUD Fees 660,587
SUD Transfer Fees In/(Out) 0
SUD NET FEES 607
FEDERAL FUNDS
‘SUD FBG Alcohol/Orug Treatment (93.959) 858,772
SUD FBG SARPOS (93.959) 455m.
‘SUD FBG Jal Services (93.959) 0
‘SUD FBG Co-Occurring (93.959) °
SUD FAG New Directions (93.959) °
SUD FBG Recovery (93.959) °
SUD F8G MAT - Medically Assisted Treatment (93.959) °
‘Tota SUD FBG Alcohol/Drug Treatment Funds ——— 504308
SUD FOG Women (includes LINK at 6 Bs) (93.959) 29,978
‘Total SUD FBG Women Funds 8078
SUD FBG Prevention (93.959) 159,555
SUD FBG Prev-Family Wellness (93.959) 0
Total SUD FBG Prevention Funds re
‘SUD Federal VA Project LINK/PPW (93.243) °
SUD Federal Strategic Prevention (93.243) °
SUD Fetderal COVID Emergency Grant (93.665) °
‘UD Federal YSAT —Implementation (93.243) °
SUD Federal OPT:- Prevention (93.788) °
SUD Federal OPT-R- Treatment (93.788) °
SUD Federal OPT-R - Recovery (93.788) °
Total SUD Federal OPT-R Funds (93.788) 0
SUD Federal Opioid Response - Recovery (93.788) 185,000
SUD Federal Opioid Response ~ Treatment (93.788) 27,000
SUD Federal Opioid Response ~ Prevention (93.788) 70,000
‘otal SUD Federal Opioid Response Funds (93.788) 330,000
SUD Other Federal- DBHDS °
SUD Other Federal - CSB 0
SUD Other Federal -COVID Support 0
‘TOTAL SUD FEDERAL FUNDS 1,623,876
Report Date 7/10/2020 Are
FY2021 And FY2022 Community Services Performance Contract
F202 Exhibit A: Resources and Services
Substance Use Disorder (SUD) Services
Cumberland Mountain Community Services Board
Funding Sources Funds
‘STATE FUNDS
Regional Funds
SUD Facility Reinvestment (Fiscal Agent)
‘SUD Facility Reinvestment Transfer In/(Out),
‘Total SUD Net Facility Reinvestment
‘SUD Transfers from DBHOS Facilities (Fiscal Agent)
A
‘SUD Transfers from DBHDS Facilities - Yransfer In/{ ut)
Total Net SUD Transfers from DBHDS Facities o
SUD Community Detoxification (Fiscal Agent) 150,000
‘SUD Community Detoxification = Transfer In/Out) 0
‘Total Net SUD Community Detoxification 750,000
‘SUD STEP-VA (Fiscal Agent) °
SUD STEP-VA - Transfer In/(Out) °
‘otal SUD Net STEP-VA- Restricted — °
‘Total SUD Net Regional state Funds 150,000
ther State Funds
‘SUD Women (inchides LINK at 4 CSBs) (Restricted) 100,600
‘SUD Recovery Employment °
SUD MAT - Medically Assisted Treatment 207,153
SUD Peer Support Recovery °
SUD Permanent Supportive Housing Women 0
UD SARPOS 38,563
SUD Recovery 85,725,
‘otal SUD Restricted Other State Funds ROL
SUD State Funds 2,100,645
SUD Region V Residential °
UD Jail Services/Juverile Detention °
SUD HIV/AIDS °
‘Total SUD Unrestricted Other State Funds ——— 100,685.
Total SUD Other State Funds 1,532,686
‘TOTAL SUD STATE FUNDS 1,682,686
OTHER FUNDS
‘SUD Other Funds 100
°
sup State Retained Ear 173,593
‘sup State Retained Earnings-Reglonal Programs °
SUD Other Retained Earnings 28,20
Total SUD Other Funds 703,903
LOCAL MATCHING FUNDS
SUD Local Government Appropriations 0
SUD Phitanthropic Cash Contributions 2,000
Report Date 7/10/2020 Aro
FY2024 And FY2022 Community Services Performance Contract
FY2021 Exhibit A: Resources and Servicos
Substance Use Disorder (SUD) Services
Cumberland Mountain Community Services Board
Funding Sources Funds
SUD In-Kind Contributions. 0
SUD Local Interest Revenue 0
‘otal SUD Local Matching Funds 7,000
Total SUD Funds 4,170,002
‘SUD ONE-TIME FUNDS
SUD FBG Alcohol/Orug Treatment (93.959)
SUD FBG Women (includes LINK-6 CSBs) (93.959)
SUD FBG Prevention (93.959)
SUD FBG Recovery (93.959)
SUD State Funds
I…
‘Total SUD One-Time Funds
‘Total All SUD Funds. 4,170,002
Report Date 7/10/2020 AF10
FY2021 And FY2022 Community Services Performance Contract
FY 2021 Exhibit A: Resources and Services
Local Government Tax Appropriations
Cumberland Mountain Community Services Board
City/County ‘Tax Appropri
Buchanan County 20,000
Tazewell County 70,000
Russell County 39,996
otal Local Government Tax Funds: 429,996
Report Date 7/10/2020 AF-11
FY2021 And FY2022 Community Services Performance Contract
FY2021 Exhibit A: Resources and Ser
Supplemental Information
Reconciliation of Projected Resources and Core Services Costs by Program Area
Cumberland Mountain Community Services Board
MH bv SUD — Emergency Ancillary
Services Services Services Services _ Services Total
‘Total All Funds (Page AF-1) 11,507,004 10,097,472 4,170,002 A aerate 25,774,478
Cost for MHI, DV, SUD, “—9,g87,729 10,087,472 3,960,423+1,785,013 74,966 25,802,603
Emergency, and Ancillary Services - _
Difference — 1,619,275 © 209,579 -1,782,013.— -74,966 28,125
Difference results from
Other: 28,125
Explanation of Other in Table Above:
[MH First Aid and Suicide Prevention Transfer In/Out
Report Date 7/10/2020 AR A2
FY2021 And FY2022 Community Services Performance Contract
FY2021 Exhibit A: Resources and Services
CSB 100 Mental Health Services
Cumberland Mountain Community Services Board
Report for Form 11
Projected
Numbers of Projected
Projected Individuals. Total
Core Services Service Receiving Service

_ Capacity Services Costs
[250 Acute Psychiatric Inpatient Services 0.08 Beds 4 $19,589
[310 Outpatient Services: OFTES 628 $1,658,689
\312 Medical Services S5FIEs 1010 $1,157,887 |
[320 Case Management Services — ~ ~~ ~ ST FTES 188) «$3,662,487
G0 Day Treatment or Partial Hospitalization a _ 36Sits $667,773 |
\420 Ambulatory Crisis Stabilization Services an 4 Slots a2 264,624
|425 Mental Health Rehabilitation 76 Slots 132 $1,265,100
i510 Residential Crisis Stabilization Services: - a 70 Beds 7 $805,807 |
[524 Intensive Residential Services: ~ — Beds 7 $76,633
|581 Supportive Residential Services ~ 45 FTES a $403,400 |
(610 Prevention Services — 7 OFTEs $118,650 |
7 Totals sna $0,807,729

Form 11A; Pharmacy Medication Supports
[Number of Consumers |
{a08 Total Pharmacy Medication Supports Consumers:
be
a)
Report Date 7/10/2020
APA
FY2021 And FY2022 Community Services Performance Contract
FY2021 Exhibit A: Resources and Services
CSB 200 Developmental Services
Cumberland Mountain Community Services Board
Report for Form 21
Projected
. Numbers of Projected
Projected Individuals Total
Core Services Service Receiving _ Service
Capacity Serviees_Costs
[310 Outpatient Services 0.25 FTES W 35
[320 Case Management Services ~ — TaFTEs HO 87,470,505
[428 Developmental Habilitation ee 05 Skis 128 $2,020,829
1507 Highly Intensive Residential Services (Community: 20Beds «19 «$2,330,700
a —a7teds aa —*83,070, 648 |
4 $4,313,300
J
(581 Supportive Residential Services
‘Totals 501 $10,097,472
Report Date 7/10/2020 AP-2
Report for Form 31
FY2021 And FY2022 Community Services Performance Contract
ices
FY2021 Exhibit A: Resources and Set
CSB 300 Substance Use Disorder Services
Cumberland Mountain Community Services Board
Projected
Totals
Report Date 7/10/2020 AP-3
Numbers of Projected
Projected Individuals
Core Services Service Receiving
7 _ __Capacity Services
[310 Outpatient Services 13.5 FTES 5a $2,188,122
[836 Medication Assisted Treatment Services a 2Fies (139 $273,853
[320 Gase Nanagement Services — ~ ‘5 FTES 208 $397,107 |
iy Intensive Residential Services (Medically Managed Withdrawal Service) ~~ 6 Beds 192 ($735,531
[610 Prevention Services oo S25 FTES [ ~] $365,610
7 _ 125 $9,960,423,
FY2021 And FY2022 Community Services Performance Contract
FY2021 Exhibit A: Resources and Services
CSB 400 Emergency and Ancillary Services
Cumberland Mountain Gommunity Services Board
Report for Form 01
Core Services
F00 Emergency Services
'730 Consumer Run Services (No. Individuals Served)
—
Report Date 7/10/2020
AP-4
‘Totals
Projected
Numbers of Projected
Projected Individuals. ‘Total
Service Receiving Service
— Capacity Services _ Costs
OFTES 668 $4,762,013 |
oe $74,966
668 $1,056,979
FY2021 And FY2022 Community Services Performance Contract
Table 2: Board Management Salary Costs
ne of CSB: Cumberland Mountain Community Services Bo: FY 2021
‘Table 2a: FY 2021 Salary Range Budgeted Tot. ‘Tenure
Management Position Title Beginning Ending Salary Cost (yrs)
$161,544.00 6.50
Executive Director
Table 2: Integrated Behavioral and Prit Health Care Questions _

Is the CSB participating in a partnership with a federally qualified health center, free clinic,
or local health department to integrate the ;,rovision of behavioral health and primary
health care?

No
2. If yes, who is the partner?
Oa federally qualified health center
Name:
Oa free clinic
Name:
(J allocal health department, or
Name:
O another organization
Name:

Where is primary health (medical) care provided?

O on-site in a CSB program,
O on-site at the primary heaith care provider, 0:
another site ~specify:
4, Where is behavioral health care provided?
O on-site in a CSB program,
1 on-site at the primary health care provider, or
Cl another site -specify:
Report Date 7/10/2020 APS
From:  Russell County Cannery Initiative Committee
To: Russell County Board of Supervisors
Due to the Covid 19 Health Pandemic continuing to plague the area, the Russell County Cannery
Initiative Committee recognizes more than ever the importance of our two Community Canneries to our
community. We understand the worries of food insecurity and the desires to do what is needed to feed
our families. And, more importantly we understand the desires and the needs to learn how to preserve
the food that we are currently growing to help ease our insecurities. More and more of our families are
growing gardens and buying in bulk to “put away” for the future. Without the knowledge and
equipment at home to do this at home, our Community Canneries are becoming the solution for a
growing number of our community members.
To help address these issues, this Committee is proposing the following changes and additions to the
current Cannery program:
• Extended Days of Operation: Both canneries will follow the same operating hours for the
general public. These will be Monday, Tuesday, Wednesday, and Thursday. The canneries will be
available on Fridays for Commercial use only. And, Saturdays will be staffed with additional
trained personnel who will conduct a series of Food Preservation programs for the general
public who are interested in learning how to use the canneries or how to preserve your food at
home. Hours of operation will be determined by the cannery supervisors based on the
appointments of the day. See attachments for more detailed information.
• Two additional staff personnel will be employed at each cannery to aid in the extended hours.
• Additional supplies and small equipment will be added to ease in the convenience and use of
the facilities. This will include the acquisition of glass pint and quart jars, lids and rings, along
with some standard canning supplies such as canning salt. And, when possible, the purchase of
metal pint and quart cans.
• Rate Changes: To ensure a clearer and more sensible fee schedule the Committee is asking for
the adoption of the attached fee schedule.
Donna Sproles,
Committee Chair
Committee Members:
K.D. Cook
Richard Moyer
Brittany Mullins
Donna Sproles
Mandy Worrell
From: Russell County Cannery Initiative Committee
To: Russell County Board of Supervisors
Due to the Covid 19 Health Pandemic continuing to plague the area, the Russell County Cannery
Initiative Committee recognizes more than ever the importance of our two Community Canneries to our
community. We understand the worries of food insecurity and the desires to do what is needed to feed
our families. And, more importantly we understand the desires and the needs to learn how to preserve
the food that we are currently growing to help ease our insecurities. More and more of our families are
growing gardens and buying in bulk to “put away” for the future. Without the knowledge and
equipment at home to do this at home, our Community Canneries are becoming the solution for a
growing number of our community members.
To help address these issues, this Committee is proposing the following changes and additions to the
current Cannery program:
Extended Days of Operation: Both canneries will follow the same operating hours for the
general public. These will be Monday, Tuesday, Wednesday, and Thursday. The canneries will be
available on Fridays for Commercial use only. And, Saturdays will be staffed with additional
trained personnel who will conduct a series of Food Preservation programs for the general
public who are interested in learning how to use the canneries or how to preserve your food at
home. Hours of operation will be determined by the cannery supervisors based on the
appointments of the day. See attachments for more detailed information.
Two add
Additional suppl
the facilities. This will include the acquisition of glass pint and quart jars, lids and rings, along
with some standard canning supplies such as canning salt. And, when possible, the purchase of
metal pint and quart cans.
Rate Changes: To ensure a clearer and more sensible fee schedule the Committee is asking for
the adoption of the attached fee schedule.
nal staff personnel will be employed at each cannery to aid in the extended hours.
1s and small equipment will be added to ease in the convenience and use of
Donna Sproles,
Committee Chair
Committee Members
K.D. Cook
Richard Moyer
Brittany Mullins
Donna Sproles
Mandy Worrell
Russell County Community Canneries
                          2020 Phase Three Covid-19 Pandemic Schedule  

You must call the cannery to schedule your appointment!!
Monday        -----General Public----
Tuesday       -----General Public—
Wednesday -----General Public----
Thursday     -----General Public----
Friday          -----Commercial Processors Only-----
Saturday     -----General Public with ongoing training sessions----
Sunday       -----Closed-----
All appointments must be made at least one day prior to the date of appointment.
Exception-- Monday appointments must be made on Friday.  Commercial processors must
schedule appointments no later than the Monday prior to the Friday appointment.
Castlewood Cannery:     276-762-9025
(Located at 314 Memorial Drive directly behind the Castlewood High School)
Honaker Cannery:       276-873-4907
(Located at 37 Cedar Road in Honaker)
Please Note:  This schedule is subject to change at any time due to Governor Mandates
Lonzo Lester
Highlight
Lonzo Lester
Highlight
You must call the cannery to schedule your appointment!!
Monday General Publi
Tuesday === General Public—
Wednesday = -----t General Public----
Thursday = =====1 General Public----
Friday ==
Saturday -
Sunday ~— -----
All appointments must be made at least one day prior to the date of appointment.
Exception-- Monday appointments must be made on Friday. Commercial processors must
schedule appointments no later than the Monday prior to the Friday appointment.
Castlewood Cannery: 276-762-9025
(Located at 314 Memorial Drive directly behind the Castlewood High School)
Honaker Cannery: 276-873-4907
(Located at 37 Cedar Road in Honaker)
Please Note: This schedule is subject to change at any time due to Governor Mandates
From: David Bradshaw
To: [email protected]
Subject: RE: Web GIS Update
Date: Tuesday, June 30, 2020 8:17:47 PM
Lonzo,
 
Here is the URL:
https://russcova.interactivegis.com/login/
 
Username:
[email protected]
 
Password:
lonzo.lester
 
 
We developed a new tool that, after you identify a parcel, provides a button that automatically
produces adjoining parcels.  I’ll add that to your site tomorrow morning.
 
I also need to update the data for the parcel update date. 
 
If you need additional information about add-ons such as the Water & Sewer CMOM or the Permits
& Building Inspections tools I can provide that information for you.  We can demonstrate what we
did for The City of Bristol, Virginia for their Permits and Building Inspections Add-on as well as
provide you a reference for that project.  We’ve got others, such as Student Enrollment Project
System as well that we can discuss/present.  Plus we are always looking for new ideas so if you have
some we try to add those in as well. I figure if they are useful to you then other clients may find
them useful as well.
 
Thanks for your time this evening.  Have a nice evening.
 
David
From: [email protected] [email protected] 
Sent: Tuesday, June 30, 2020 6:49 PM
To: David Bradshaw [email protected]
Subject: RE: Web GIS Update
 
David,
 
We have a board meeting on Monday to discuss and we’ll look at available dates.
 
I will get back with you on Tuesday.
mailto:[email protected]
mailto:[email protected]
https://russcova.interactivegis.com/login/
mailto:[email protected]
Lonzo Lester
Highlight
Lonzo Lester
Highlight
From:
To:
Subject:
Date:
We developed a new tool that, after you identify a parcel, provides a button that automatically
produces adjoining parcels. I’ll add that to your site tomorrow morning,
| also need to update the data for the parcel update date.
If you need additional information about add-ons such as the Water & Sewer CMOM or the Permits
& Building Inspections tools | can provide that information for you. We can demonstrate what we
did for The City of Bristol, Virginia for their Permits and Building Inspections Add-on as well as
provide you a reference for that project. We’ve got others, such as Student Enrollment Project
System as well that we can discuss/present. Plus we are always looking for new ideas so if you have
some we try to add those in as well. | figure if they are useful to you then other clients may find
them useful as well.
Thanks for your time this evening. Have a nice evening
David
From: [email protected] <lonzo.lester @russellcountyva.us>
Sent: Tuesday, June 30, 2020 6:49 PM
To: David Bradshaw [email protected]
Subject: RE: Web GIS Update
David,
We have a board meeting on Monday to discuss and we’ll look at available dates.
L will get back with you on Tuesday.
COMMONWEALTH of VIRGINIA
Aubrey L. Layne, Jr., MBA, CPA
Secretary of Finance
             P.O. Box 1475 

Richmond, Virginia 23218
July 28, 2020
To:  County and City Elected Officials
Delivered Via: Chief Executive Officer, Manager, or Administrator
From:  Aubrey L. Layne, Jr.
Secretary of Finance
Subject:  Second and Final Allocation of Federal Coronavirus Relief Funds
Overview
On May 12, 2020, I advised you of Governor Northam’s decision to provide the first round of
allocations to local governments from the federal Coronavirus Relief Fund (CRF) authorized
pursuant to the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act). On
June 1, 2020, each locality received its share of the first half, or fifty (50) percent, of the
locally-based allocations (not including Fairfax County that received its funds directly).
While the federal CARES Act does not require that states distribute funding to local
governments with populations less than 500,000 residents, the Governor recognizes that
localities continue to experience the same COVID-19 related expenses as the Commonwealth.
Therefore, the Governor recently announced the second and final round to allocate the
remaining fifty (50) percent of the locally-based allocations from the CRF to local
governments. When completed, the state will have distributed 100 percent of the local
allocations the Commonwealth received under the CARES Act providing a total of $1.3 billion
for local governments.
Just like the first round, the second round will be based on population. Consequently, the
second round of allocations will be for the same amount that you received in the first round on
June 1, 2020. In order to receive the second allocation, localities are required to submit a new
certification form and complete an online survey regarding the use of the CRF funds.
As soon as these two documents are fully completed and submitted, the Department of
Accounts will initiate the transfer of funds to the local Treasurer. Localities may expect to
receive the transfer by the state Comptroller within five business days following confirmation
of receipt of these completed documents.
Lonzo Lester
Highlight
COMMONWEALTH of VIRGINIA
P.O. Box 1475
Aubrey L. Layne, Jr. MBA, CPA Richmond, Virginia 23218
Secretary of Finance
July 28, 2020
To: County and City Elected Officials
Delivered Via: Chief Executive Officer, Manager, or Administrator
From: Aubrey L. Layne, Jr.
Secretary of Finance
Over
Ww
On May 12, 2020, I advised you of Governor Northam’s decision to provide the first round of
allocations to local governments from the federal Coronavirus Relief Fund (CRF) authorized
pursuant to the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act). On
June 1, 2020, each locality received its share of the first half, or fifty (50) percent, of the
locally-based allocations (not including Fairfax County that received its funds directly).
While the federal CARES Act does not require that states distribute funding to local
governments with populations less than 500,000 residents, the Governor recognizes that
localities continue to experience the same COVID-19 related expenses as the Commonwealth.
Therefore, the Governor recently announced the second and final round to allocate the
remaining fifty (50) percent of the locally-based allocations from the CRF to local
governments. When completed, the state will have distributed 100 percent of the local
allocations the Commonwealth received under the CARES Act providing a total of $1.3 billion
for local governments.
Just like the first round, the second round will be based on population. Consequently, the
second round of allocations will be for the same amount that you received in the first round on
June 1, 2020. In order to receive the second allocation, localities are required to submit a new
certification form and complete an online survey regarding the use of the CRF funds,
‘As soon as these two documents are fully completed and submitted, the Department of
Accounts will initiate the transfer of funds to the local Treasurer. Localities may expect to
receive the transfer by the state Comptroller within five business days following confirmation
of receipt of these completed documents.
County and City Elected Officials and Administrators
July 28, 2020
Page 2
Guidance
It is extremely important for you to know that all of the same conditions that existed for the first
round of CRF allocations continue for the second round of allocations. To that end, I encourage
you to refer to my May 12, 2020, memorandum and to the federal guidance and frequently asked
questions located at: https://home.treasury.gov/policy-issues/cares/state-and-local-governments
This information is routinely updated and has been revised several times since my May 12, 2020,
memorandum. Compliance with the federal guidance is your responsibility and failure to do so
could result in disallowed expenses requiring you to repay the associated funds to the federal
government. As stated previously, if you fail to repay any funds spent for nonqualifying expenses
as required by the federal government, the state Comptroller will recover such amounts from
future state payments to your locality via the State Aid Intercept Program.
In addition to the revised federal guidance, on July 2, 2020, the U.S. Treasury’s Office of the
Inspector General issued information related to reporting and audit requirements that had not
been published at the time of my original communication to you. Information regarding the audit
and reporting requirements can be found at the same link provided above. Further, the State
Comptroller’s office has subrecipient monitoring responsibilities that will necessitate evaluation
and additional correspondence with localities regarding the use of funds.
As a reminder, the overarching federal guidance states that these funds must be used for
qualifying expenses of state and local governments. Specifically, the CARES Act provides that
payments from the CRF only may be used to cover costs that:

are necessary expenditures incurred due to the public health emergency with respect to

the Coronavirus Disease 2019 (COVID–19);

were not accounted for in the budget most recently approved as of March 27, 2020 (the

date of enactment of the CARES Act) for the State or government; and


were incurred during the period that begins on March 1, 2020, and ends on December 30,



The federal guidance continues to state that the CRF funds can be used only for the direct costs
associated with the response to the COVID-19 pandemic and cannot be used to address revenue
shortfalls. State and local government officials have requested that this restriction be lifted or that
additional federal funds be provided to address the loss of state and local revenue. To date, no
action has been taken by Congress to allow that flexibility or to provide funding for that purpose.
CRF funds should be considered “one time” monies and should not be used for ongoing services
and/or base operations. Because the funds must be expended by December 30, localities are
advised not to create services with expenses beyond that period. Any expenses beyond December
30, 2020, must be paid entirely by the locality from local funds.
https://home.treasury.gov/policy-issues/cares/state-and-local-governments
County and City Elected Officials and Administrators
July 28, 2020
Page 2
Guidance
It is extremely important for you to know that all of the same conditions that existed for the first
round of CRF allocations continue for the second round of allocations. To that end, I encourage
you to refer to my May 12, 2020, memorandum and to the federal guidance and frequently asked
questions located at: https://home.treasury.gov/policy-issues/cares/state-and-local-governments
This information is routinely updated and has been revised several times since my May 12, 2020,
memorandum, Compliance with the federal guidance is your responsibility and failure to do so
could result in disallowed expenses requiring you to repay the associated funds to the federal
government. As stated previously, if you fail to repay any funds spent for nonqualifying expenses
as required by the federal government, the state Comptroller will recover such amounts from
future state payments to your locality via the State Aid Intercept Program.
In addition to the revised federal guidance, on July 2, 2020, the U.S. Treasury’s Office of the
Inspector General issued information related to reporting and audit requirements that had not
been published at the time of my original communication to you. Information regarding the audit
and reporting requirements can be found at the same link provided above. Further, the State
Comptroller’s office has subrecipient monitoring responsibilities that will necessitate evaluation
and additional correspondence with localities regarding the use of funds.
As a reminder, the overarching federal guidance states that these funds must be used for
qualifying expenses of state and local governments. Specifically, the CARES Act provides that
payments from the CRF only may be used to cover costs that:


are necessary expenditures incurred due to the public health emergency with respect to
the Coronavirus Disease 2019 (COVID-19);


were not accounted for in the budget most recently approved as of March 27, 2020 (the
date of enactment of the CARES Act) for the State or government; and


were incurred during the period that begins on March 1, 2020, and ends on December 30,



The federal guidance continues to state that the CRF funds can be used only for the direct costs
associated with the response to the COVID-19 pandemic and cannot be used to address revenue
shortfalls. State and local government officials have requested that this restriction be lifted or that
additional federal funds be provided to address the loss of state and local revenue. To date, no
action has been taken by Congress to allow that flexibility or to provide funding for that purpose.
CRF funds should be considered “one time” monies and should not be used for ongoing services
and/or base operations. Because the funds must be expended by December 30, localities are
advised not to create services with expenses beyond that period. Any expenses beyond December
30, 2020, must be paid entirely by the locality from local funds.
County and City Elected Officials and Administrators
July 28, 2020
Page 3
Allocation of CRF Funds to Localities
The remaining fifty (50) percent of the locally-based allocations will be distributed to counties
and cities by the Department of Accounts (DOA) after receipt from the locality of a new, signed
certification form and after completion of a survey on the locality’s actual and planned uses of
the CRF funds. This distribution will be made to the local treasurer in the same manner that the
first round of funds were distributed within five business days following receipt of the completed
documents.
Each locality’s allocation will be based on the proportion that the locality’s population represents
of the statewide total population. Appendix A reflects the population used by U.S. Treasury to
allocate CRF funds to the states. This population data is the basis for determining the allocations
to each locality.
This table also reflects each locality’s share of the remaining distribution based on the population
data displayed. Please note that the population data for each county includes the populations of
the towns within its borders. Consequently, the allocation indicated for each county includes any
allocations based on residents that live in the towns located within that county.
Requirements: Survey on the Use of Funds and Certifications
General
The amounts listed in Appendix A reflect the funds that will be transferred to each locality after:

completion of an online survey located at: (NOTE: the link to this survey will be provided

by separate communication later this week), and

receipt of a certification form (Appendix D) from the locality signed by the chief

executive officer, the chief financial officer (Treasurer), and the chief elected officer.
Before signing the certification, I recommend that you read and understand the federal guidance
and the frequently asked questions contained in Appendix B and Appendix C, respectively. The
most recent information on this guidance and the frequently asked questions can be obtained at:
https://home.treasury.gov/policy-issues/cares/state-and-local-governments
Please note that the certification statement includes an acknowledgment that you may be required
to return funds to the federal government if it is determined that those funds were spent for
purposes that do not qualify. Since these funds are being provided to you “up front” rather than
on a reimbursement basis, it is important for you to understand that the burden of ensuring that all
CRF funds are spent for qualifying purposes falls to the local government.
You are responsible for maintaining all necessary documentation to ensure compliance with the
federal requirements. The State Comptroller is responsible for all subrecipient monitoring and
may require additional information in the future from each locality to address that responsibility.
If the federal government determines that you have used CRF funds for purposes that do not
qualify, you must return those funds to the state promptly so that they may be returned to the
federal government. As a condition of receiving CRF funds, you are agreeing that the state can
use state aid intercept to recover any funds necessary for expenses that were not for a qualifying
purpose or that were unexpended as of December 30, 2020.
https://home.treasury.gov/policy-issues/cares/state-and-local-governments
County and City Elected Officials and Administrators
July 28, 2020
Page 3
Allocation of CRF Funds to Loc:
The remaining fifty (50) percent of the locally-based allocations will be distributed to counties
and cities by the Department of Accounts (DOA) after receipt from the locality of a new, signed
certification form and after completion of a survey on the locality’s actual and planned uses of
the CRF funds. This distribution will be made to the local treasurer in the same manner that the
first round of funds were distributed within five business days following receipt of the completed
documents.
ies
Each locality’s allocation will be based on the proportion that the locality’s population represents
of the statewide total population. Appendix A reflects the population used by U.S. Treasury to
allocate CRF funds to the states. This population data is the basis for determining the allocations
to each locality.
This table also reflects each locality’s share of the remaining distribution based on the population
data displayed. Please note that the population data for each county includes the populations of
the towns within its borders. Consequently, the allocation indicated for each county includes any
allocations based on residents that live in the towns located within that county.
Requirements: Survey on the Use of Funds and Certific:
General
The amounts listed in Appendix A reflect the funds that will be transferred to each locality after:


completion of an online survey located at: (NOTE: the link to this survey will be provided
by separate communication later this week), and


receipt of a certification form (Appendix D) from the locality signed by the chief
executive officer, the chief financial officer (Treasurer), and the chief elected officer.


Before signing the certification, I recommend that you read and understand the federal guidance
and the frequently asked questions contained in Appendix B and Appendix C, respectively. The
most recent information on this guidance and the frequently asked questions can be obtained at:
https://home.treasury.gov/policy-issues/cares/state-and-local-governments
Please note that the certification statement includes an acknowledgment that you may be required
to return funds to the federal government if it is determined that those funds were spent for
purposes that do not qualify. Since these funds are being provided to you “up front” rather than
ona reimbursement basis, it is important for you to understand that the burden of ensuring that all
CRF funds are spent for qualifying purposes falls to the local government.
You are responsible for maintaining all necessary documentation to ensure compliance with the
federal requirements, The State Comptroller is responsible for all subrecipient monitoring and
may require additional information in the future from each locality to address that responsibility.
If the federal government determines that you have used CRF funds for purposes that do not
qualify, you must return those funds to the state promptly so that they may be retuned to the
federal government. As a condition of receiving CRF funds, you are agreeing that the state can
use state aid intercept to recover any funds necessary for expenses that were not for a qualifying
purpose or that were unexpended as of December 30, 2020.
County and City Elected Officials and Administrators
July 28, 2020
Page 4
For Counties Only
As previously stated, the population data for each county includes the populations of the towns
within its borders. Consequently, the allocation indicated for each county includes any allocations
based on residents that live in the towns located within that county.
Counties must ensure that an equitable share of the CRF funds it receives are shared with and
granted to each town within its jurisdiction. Just as with the funds retained by the county, the funds
granted to towns must be spent in accordance with the same requirements and the same
documentation must be retained for audit purposes. The county issuing the grant is responsible for
the ensuring compliance with each town’s documentation requirements and must ensure that the
use of the funds meets the requirements set forth by the federal government.
Completion of Survey
The Commonwealth has partnered with Accenture to create a survey to collect data on how each
locality has used or plans to use its allocation of CRF funds. The survey instrument, which must be
completed online, will be made available later this week by separate communication. This
communication will include instructions regarding access to and completion of the survey. For
questions about completion of the survey, please contact Jason Saunders, General Government
Coordinator, Department of Planning and Budget, at [email protected].
We are requesting that this survey be completed no later than 5:00pm, Monday, August 10, 2020,
so that we may provide a report on the use of the CRF by locality to the General Assembly when it
convenes for a special session beginning on August 18, 2020. For surveys that are not received by
this due date, this report will reflect that the survey results were not received from that locality by
the requested due date. More importantly, the survey must be completed, along with submission of
the certification form, in order to receive the second distribution of CRF funds.
Submission of Certification
The certification in Appendix D contains more specific details on the responsibilities of the local
governing body. A fillable .pdf form can be downloaded from the Secretary of Finance’s Website
under “Recent News” at: http://finance.virginia.gov/
The signed certification form should be submitted no later than August 10, 2020, to the
Department of Accounts in electronic or hard copy form:
By Email to:  [email protected]
By US Mail to:  Department of Accounts
Attention: Local CRF Certification
PO Box 1971
Richmond, VA  23218-1971
If you have any questions regarding the appropriate use of CRF funds, please refer to the U.S.
Treasury Website and guidance. For questions about this process, you may contact my office at
(804) 786-1148. If you have technical questions about the certification form or the distribution of
mailto:[email protected]
http://finance.virginia.gov/
mailto:[email protected]
County and City Elected Officials and Administrators
July 28, 2020
Page 4
For Counties Only
‘As previously stated, the population data for each county includes the populations of the towns
within its borders. Consequently, the allocation indicated for each county includes any allocations
based on residents that live in the towns located within that county.
Counties must ensure that an equitable share of the CRF funds it receives are shared with and
granted to each town within its jurisdiction. Just as with the funds retained by the county, the funds
granted to towns must be spent in accordance with the same requirements and the same
documentation must be retained for audit purposes. The county issuing the grant is responsible for
the ensuring compliance with each town’s documentation requirements and must ensure that the
use of the funds meets the requirements set forth by the federal government.
Completion of Survey
‘The Commonwealth has partnered with Accenture to create a survey to collect data on how each
locality has used or plans to use its allocation of CRF funds. The survey instrument, which must be
completed online, will be made available later this week by separate communication. This
communication will include instructions regarding access to and completion of the survey. For
questions about completion of the survey, please contact Jason Saunders, General Government
Coordinator, Department of Planning and Budget, at [email protected].
We are requesting that this survey be completed no later than 5:00pm, Monday, August 10, 2020,
so that we may provide a report on the use of the CRF by locality to the General Assembly when it
convenes for a special session beginning on August 18, 2020. For surveys that are not received by
this due date, this report will reflect that the survey results were not received from that locality by
the requested due date. More importantly, the survey must be completed, along with submission of
the certification form, in order to receive the second distribution of CRF funds.
Submission of. ication
The certification in Appendix D contains more specific details on the responsibilities of the local
governing body. A fillable .pdf form can be downloaded from the Secretary of Finance’s Website
under “Recent News” at: http://finance.virginia.gow/
The signed certification form should be submitted no later than August 10, 2020, to the
Department of Accounts in electronic or hard copy form:
By Email to: GACCT@DOA Virginia.gov
By US Mail to: Department of Accounts
Attention: Local CRF Certification
PO Box 1971
Richmond, VA 23218-1971
If you have any questions regarding the appropriate use of CRF funds, please refer to the U.S.
Treasury Website and guidance. For questions about this process, you may contact my office at
(804) 786-1148. If you have technical questions about the certification form or the distribution of
County and City Elected Officials and Administrators
July 28, 2020
Page 5
the funds, please contact Melinda Pearson, Director, General Accounting, Department of
Accounts, at [email protected] or by phone at 804-225-2376.
mailto:[email protected]
County and City Elected Officials and Administrators
July 28, 2020
Page 5
the funds, please contact Melinda Pearson, Director, General Accounting, Department of
Accounts, at [email protected] or by phone at 804-225-2376.
Appendix A – Local Allocations
1 

Annual Estimates of the Resident
Population for Counties in Virginia: as of
July 1, 2019
Statewide
Total =
8,535,519
% of Total 1
Current
Allocation Base 2=
$744,691,122
Locality Population
.Accomack County, Virginia 32,316 0.3786% $2,819,446
.Albemarle County, Virginia 109,330 1.2809% $9,538,621
.Alleghany County, Virginia 14,860 0.1741% $1,296,478
.Amelia County, Virginia 13,145 0.1540% $1,146,851
.Amherst County, Virginia 31,605 0.3703% $2,757,414
.Appomattox County, Virginia 15,911 0.1864% $1,388,173
.Arlington County, Virginia 236,842 2.7748% $20,663,551
.Augusta County, Virginia 75,558 0.8852% $6,592,144
.Bath County, Virginia 4,147 0.0486% $361,810
.Bedford County, Virginia 78,997 0.9255% $6,892,184
.Bland County, Virginia 6,280 0.0736% $547,906
.Botetourt County, Virginia 33,419 0.3915% $2,915,679
.Brunswick County, Virginia 16,231 0.1902% $1,416,092
.Buchanan County, Virginia 21,004 0.2461% $1,832,518
.Buckingham County, Virginia 17,148 0.2009% $1,496,097
.Campbell County, Virginia 54,885 0.6430% $4,788,505
.Caroline County, Virginia 30,725 0.3600% $2,680,638
.Carroll County, Virginia 29,791 0.3490% $2,599,150
.Charles City County, Virginia 6,963 0.0816% $607,495
.Charlotte County, Virginia 11,880 0.1392% $1,036,484
.Chesterfield County, Virginia 352,802 4.1333% $30,780,614
.Clarke County, Virginia 14,619 0.1713% $1,275,451
.Craig County, Virginia 5,131 0.0601% $447,660
.Culpeper County, Virginia 52,605 0.6163% $4,589,583
.Cumberland County, Virginia 9,932 0.1164% $866,529
.Dickenson County, Virginia 14,318 0.1677% $1,249,190
.Dinwiddie County, Virginia 28,544 0.3344% $2,490,354
.Essex County, Virginia 10,953 0.1283% $955,607
.Fairfax County, Virginia 1,147,532 13.4442% N/A
.Fauquier County, Virginia 71,222 0.8344% $6,213,845
.Floyd County, Virginia 15,749 0.1845% $1,374,040
.Fluvanna County, Virginia 27,270 0.3195% $2,379,202
.Franklin County, Virginia 56,042 0.6566% $4,889,448
.Frederick County, Virginia 89,313 1.0464% $7,792,215
.Giles County, Virginia 16,720 0.1959% $1,458,756
Appendix A — Local Allocations
‘Annual Estimates of the Resident
Population for Counties in Virginia: as of || Statewide Current
July 1, 2019 Total = Allocation Base
8,535,519 | %of Total? $74,691,122
Locality Population
-Accomack County, Virginia 32,316 0.3786% $2,819,446
Albemarle County, Virginia 109,330 1.2809% $9,538,621
Alleghany County, Virginia 14,860 0.1741% $1,296,478
-Amelia County, Virgini 13,145 0.1540% $1,146,851
-Amherst County, Virginia 31,605 0.3703% $2,757,414
Appomattox County, Virginia 15,911 0.1864% $1,388,173
Arlington County, Vi 236,842 2.748% $20,663,551
Augusta County, Virginia 75,558 0.852% $6,592,144
‘Bath County, Virginia 4,147 0.0486% $361,810
Bedford County, Virginia 78,997 0.9255% $6,892,184
Bland County, Virginia 6,280 (0.0736% $547,906
Botetourt County, Virginia 33,419 0,3915% $2,915,679
Brunswick County, Virginia 16,231 0.19025 $1,416,092
-Buchanan County, Virginia 21,004 0.2461% $1,832,518
‘Buckingham County, Virginia 17,148 0.2009% $1,496,097
Campbell County, Virginia 54,885 0.6430% $4,788,505
Caroline County, Virginia 30,725 0.3600% $2,680,638
Carroll County, Virginia 29,791 0.3490% $2,599,150
Charles City County, Virginia 6,963 0.0816% $607,495,
Charlotte County, Virginia 11,880 0.1392% $1,036,484
Chesterfield County, Virginia 352,802 4,1333% $30,780,614
Clarke County, Virginia 14,619 0.1713% $1,275,451
Craig County, Virginia 5,131 0.060% $447,660
Culpeper County, Virginia 52,605 0.6163% $4,589,583
Cumberland County, Virginia 9,932 0.164% $866,529
Dickenson County, Virginia 14318 0.1677% $1,249,190
Dinwiddie County, Virginia 28,544 0.3344% $2,490,354
-Essex County, Virginia 10,953, 0.1283% $955,607
Fairfax County, Virginia 1,147,532 13.4442% N/A
Fauquier County, Virginia 71,222 0.8344% $6,213,845
Floyd County, Virginia 15,749 0.1845% $1,374,040
-Fluvanna County, Virginia 27,270 0.3195% $2,379,202
Franklin County, Vi 56,042 0.6566% $4,889,448
Frederick County, Vi 89,313 1.0464% $7,792,215
Giles County, Virginia 16,720 0.1959% $1,458,756
Appendix A – Local Allocations
2 

.Gloucester County, Virginia 37,348 0.4376% $3,258,469
.Goochland County, Virginia 23,753 0.2783% $2,072,358
.Grayson County, Virginia 15,550 0.1822% $1,356,678
.Greene County, Virginia 19,819 0.2322% $1,729,131
.Greensville County, Virginia 11,336 0.1328% $989,022
.Halifax County, Virginia 33,911 0.3973% $2,958,604
.Hanover County, Virginia 107,766 1.2626% $9,402,168
.Henrico County, Virginia 330,818 3.8758% $28,862,595
.Henry County, Virginia 50,557 0.5923% $4,410,903
.Highland County, Virginia 2,190 0.0257% $191,069
.Isle of Wight County, Virginia 37,109 0.4348% $3,237,617
.James City County, Virginia 76,523 0.8965% $6,676,337
.King and Queen County, Virginia 7,025 0.0823% $612,904
.King George County, Virginia 26,836 0.3144% $2,341,338
.King William County, Virginia 17,148 0.2009% $1,496,097
.Lancaster County, Virginia 10,603 0.1242% $925,071
.Lee County, Virginia 23,423 0.2744% $2,043,566
.Loudoun County, Virginia 413,538 4.8449% $36,079,596
.Louisa County, Virginia 37,591 0.4404% $3,279,670
.Lunenburg County, Virginia 12,196 0.1429% $1,064,054
.Madison County, Virginia 13,261 0.1554% $1,156,971
.Mathews County, Virginia 8,834 0.1035% $770,732
.Mecklenburg County, Virginia 30,587 0.3583% $2,668,598
.Middlesex County, Virginia 10,582 0.1240% $923,239
.Montgomery County, Virginia 98,535 1.1544% $8,596,799
.Nelson County, Virginia 14,930 0.1749% $1,302,585
.New Kent County, Virginia 23,091 0.2705% $2,014,601
.Northampton County, Virginia 11,710 0.1372% $1,021,652
.Northumberland County, Virginia 12,095 0.1417% $1,055,242
.Nottoway County, Virginia 15,232 0.1785% $1,328,933
.Orange County, Virginia 37,051 0.4341% $3,232,557
.Page County, Virginia 23,902 0.2800% $2,085,357
.Patrick County, Virginia 17,608 0.2063% $1,536,230
.Pittsylvania County, Virginia 60,354 0.7071% $5,265,654
.Powhatan County, Virginia 29,652 0.3474% $2,587,023
.Prince Edward County, Virginia 22,802 0.2671% $1,989,387
.Prince George County, Virginia 38,353 0.4493% $3,346,151
.Prince William County, Virginia 470,335 5.5103% $41,034,915
.Pulaski County, Virginia 34,027 0.3987% $2,968,725
.Rappahannock County, Virginia 7,370 0.0863% $643,004
.Richmond County, Virginia 9,023 0.1057% $787,222
Appendix A - Local Allocations
Gloucester County, Virginia 37,348 0.4376% $3,258,469
Goochland County, Virginia 23,753 0.2783% $2,072,358
Grayson County, Virginia 15,550 0.1822% $1,356,678
Greene County, Virginia 19,819 0.232% $1,729,131
Greensville County, Virginia 11,336 0.1328% $989,022
“Halifax County, 33,911 0.3973% $2,958,604
-Hanover County, Virginia 107,766 1.2626% $9,402,168
‘Henrico County, Virginia 330,818 3.8758% $28,862,595
“Henry County, Virginia 50,557 0.5923% $4,410,903
‘Highland County, Virgi 2,190 0.0257% $191,069
_Isle of Wight County, Virginia 37,109 0.4348% $3,237,617
James City County, Virginia 76,523 0.8965% $6,676,337
-King and Queen County, Virginia 7,025 0.0823% $612,904
King George County, Virginia 26,836 0.3144% $2,341,338
-King William County, Virginia 17,148 0.2009% $1,496,097
-Lancaster County, Virginia 10,603 0.12425 $925,071
-Lee County, Virginia 23,423 0.2744% $2,043,566
-Loudoun County, Virginia 413,538 4,8449% $36,079,596
-Louisa County, Virginia 37,591 0.440436 $3,279,670
-Lunenburg County, Virginia 12,196 0.1429% $1,064,054
-Madison County, Virginia 13,261 0.1554% $1,156,971
-Mathews County, Virginia 8,834 0.1035% $770,732
“Mecklenburg County, Virginia 30,587 (0.3583% $2,668,598
-Middlesex County, Virginia 10,582 0.1240% $923,239
-Montgomery County, Virginia 98,535 1,1544% $8,596,799
Nelson County, Virginia 14,930 0.1749% $1,302,585
-New Kent County, Virginia 23,091 0.2705% $2,014,601
-Northampton County, Virginia 11,710 0.1372% $1,021,652
Northumberland County, Virginia 12,095 0.1417% $1,055,242
-Nottoway County, Virginia 15,232 0.1785% $1,328,933
Orange County, Virginia 37,051 0.4341% $3,232,557
Page County, Virginia 23,902 0.2800% $2,085,357
Patrick County, 17,608 0.2063% $1,536,230
Pittsylvania County, Virginia 60,354 0.7071% $5,265,654
‘Powhatan County, Virginia 29,652 0.3474% $2,587,023
“Prince Edward County, Virginia 22,802 0.2671% $1,989,387
Prince George County, Virginia 38,353 0.4493% $3,346,151
Prince William County, Virginia 470,335, 5.5103% $41,034,915
“Pulaski County, Virginia 34,027 (0.3987% $2,968,725
-Rappahannock County, 7,370 (0.0863% $643,004
Richmond County, Virginia 9,023 0.1057% $787,222
Appendix A – Local Allocations
3 

.Roanoke County, Virginia 94,186 1.1035% $8,217,365
.Rockbridge County, Virginia 22,573 0.2645% $1,969,407
.Rockingham County, Virginia 81,948 0.9601% $7,149,647
.Russell County, Virginia 26,586 0.3115% $2,319,526
.Scott County, Virginia 21,566 0.2527% $1,881,550
.Shenandoah County, Virginia 43,616 0.5110% $3,805,328
.Smyth County, Virginia 30,104 0.3527% $2,626,458
.Southampton County, Virginia 17,631 0.2066% $1,538,237
.Spotsylvania County, Virginia 136,215 1.5959% $11,884,234
.Stafford County, Virginia 152,882 1.7911% $13,338,365
.Surry County, Virginia 6,422 0.0752% $560,295
.Sussex County, Virginia 11,159 0.1307% $973,580
.Tazewell County, Virginia 40,595 0.4756% $3,541,757
.Warren County, Virginia 40,164 0.4706% $3,504,154
.Washington County, Virginia 53,740 0.6296% $4,688,608
.Westmoreland County, Virginia 18,015 0.2111% $1,571,739
.Wise County, Virginia 37,383 0.4380% $3,261,523
.Wythe County, Virginia 28,684 0.3361% $2,502,568
.York County, Virginia 68,280 0.8000% $5,957,167
.Alexandria city, Virginia 159,428 1.8678% $13,909,478
.Bristol city, Virginia 16,762 0.1964% $1,462,420
.Buena Vista city, Virginia 6,478 0.0759% $565,181
.Charlottesville city, Virginia 47,266 0.5538% $4,123,776
.Chesapeake city, Virginia 244,835 2.8684% $21,360,910
.Colonial Heights city, Virginia 17,370 0.2035% $1,515,466
.Covington city, Virginia 5,538 0.0649% $483,169
.Danville city, Virginia 40,044 0.4691% $3,493,685
.Emporia city, Virginia 5,346 0.0626% $466,418
.Fairfax city, Virginia 24,019 0.2814% $2,095,565
.Falls Church city, Virginia 14,617 0.1712% $1,275,277
.Franklin city, Virginia 7,967 0.0933% $695,090
.Fredericksburg city, Virginia 29,036 0.3402% $2,533,279
.Galax city, Virginia 6,347 0.0744% $553,751
.Hampton city, Virginia 134,510 1.5759% $11,735,479
.Harrisonburg city, Virginia 53,016 0.6211% $4,625,442
.Hopewell city, Virginia 22,529 0.2639% $1,965,568
.Lexington city, Virginia 7,446 0.0872% $649,635
.Lynchburg city, Virginia 82,168 0.9627% $7,168,841
.Manassas city, Virginia 41,085 0.4813% $3,584,508
.Manassas Park city, Virginia 17,478 0.2048% $1,524,888
.Martinsville city, Virginia 12,554 0.1471% $1,095,288
Appendix A - Local Allocations
-Roanoke County, Virginia 94,186 1.1035% $8,217,365
Rockbridge County, Virginia 22,573 0.2645% $1,969,407
-Rockingham County, Virginia 81,948 0.9601% $7,149,647
Russell County, Virginia 26,586 0.3115% $2,319,526
“Scott County, Virginia 21,566 0.2527% $1,881,550
“Shenandoah County, Vir 43,616 0.510% $3,805,328
Smyth County, Virginia 30,104 0.3527% $2,626,458
Southampton County, Virginia 17,631 0.2066% $1,538,237
“Spotsylvania County, Virginia 136,215 1.5959% $11,884,234
“Stafford County, Virginia 152,882 1.7911% $13,338,365
“Surry County, Virginia 6,422 0.0752% $560,295
Sussex County, Virginia 11,159 0.1307% $973,580
“Tazewell County, 40,595 0.4756% $3,541,757
“Warren County, Virginia 40,164 0.4706% $3,504,154
Washington County, Virginia 53,740 0.6296% $4,688,608
Westmoreland County, Virginia 18,015 0.2111% $1,571,739
Wise County, Virginia 37,383 0.4380% $3,261,523
-Wythe County, Virginia 28,684 0,3361% $2,502,568
York County, Virginia 68,280 0.8000% $5,957,167
Alexandria city, Virginia 159,428 1.8678% $13,909,478
Bristol city, Virginia 16,762 0.1964% $1,462,420
‘Buena Vista city, Virginia 6,478 0.0759% $565,181
“Charlottesville city, 47,266 0.5538% $4,123,776
Chesapeake city, Virginia 244,835 2.8684% $21,360,910
Colonial Heights city, Virginia 17,370 0.2035% $1,515,466
Covington city, Virginia 5,538 0.0649% $483,169
Danville city, Virginia 40,044 0.4691% $3,493,685
-Emporia city, Virginia 5,346 0.0626% $466,418
Fairfax city, Virginia 24,019 0.2814% $2,095,565
-Falls Church city, 14,617 0.1712% $1,275,277
Franklin city, Virginia 7,967 0.0933% $695,090
Fredericksburg city, Virginia 29,036 0.3402% $2,533,279
Galax city, Virginia 6,347 0.0744% $553,751
-Hampton city, Virginia 134,510 1.5759% $11,735,479
Harrisonburg city, Virginia 53,016 0.6211% $4,625,442
“Hopewell city, Virginia 22,529 0.2639% $1,965,568
-Lexington city, Virginia 7,446 0.0872% $649,635,
-Lynchburg city, Virginia 82,168 0.9627% $7,168,841
“Manassas city, Virginia 41,085 0.4813% $3,584,508
-Manassas Park city, Vit 17,478 0.2048% $1,524,888
-Martinsville city, Virginia 12,554 0.1471% $1,095,288
Appendix A – Local Allocations
4 

.Newport News city, Virginia 179,225 2.0998% $15,636,690
.Norfolk city, Virginia 242,742 2.8439% $21,178,304
.Norton city, Virginia 3,981 0.0466% $347,327
.Petersburg city, Virginia 31,346 0.3672% $2,734,818
.Poquoson city, Virginia 12,271 0.1438% $1,070,597
.Portsmouth city, Virginia 94,398 1.1059% $8,235,862
.Radford city, Virginia 18,249 0.2138% $1,592,155
.Richmond city, Virginia 230,436 2.6997% $20,104,653
.Roanoke city, Virginia 99,143 1.1615% $8,649,844
.Salem city, Virginia 25,301 0.2964% $2,207,415
.Staunton city, Virginia 24,932 0.2921% $2,175,221
.Suffolk city, Virginia 92,108 1.0791% $8,036,068
.Virginia Beach city, Virginia 449,974 5.2718% $39,258,497
.Waynesboro city, Virginia 22,630 0.2651% $1,974,380
.Williamsburg city, Virginia 14,954 0.1752% $1,304,679
.Winchester city, Virginia 28,078 0.3290% $2,449,697
Total Funds Distributed (excludes Fairfax County) $644,573,383
Source: U.S. Census Bureau, Population Division
Release Date: March 2020
1 Note: Percentages are displayed as rounded numbers, however, the distributions are calculated
using the full values.
2 Note: The total allocation base includes Fairfax County in order to correctly calculate the
allocation for the remaining localities.
Appendix A - Local Allocations
-Newport News city, Virginia 179,225 2.0998% $15,636,690
Norfolk city, Virginia 242,742 2.8439% $21,178,304
“Norton city, Virginia 3,981 0.0466% $347,327
“Petersburg city, Virginia 31,346 0.3672% $2,734,818
‘Poquoson city, Virginia 12,271 0.1438% $1,070,597
Portsmouth city, Virginia 94,398 1,1059% $8,235,862
“Radford city, Virginia 18,249 0.2138% $1,592,155
Richmond city, Virginia 230,436 2.6997% $20,104,653
“Roanoke city, Virginia 99,143 1.1615% $8,649,844
‘Salem city, Virgi 25,301, 0.2964% $2,207,415
“Staunton city, Virginia 24,932 0.2921% $2,175,221
Suffolk city, Virginia 92,108 1.0791% $8,036,068
‘Virginia Beach city, 449,974 5.2718% $39,258,497
“Waynesboro city, Virginia 22,630 0.2651% $1,974,380
Williamsburg city, Virginia 14,954 0.1752% $1,304,679
“Winchester city, Virgi 28,078 0.3290% $2,449,697
Total Funds Distributed (excludes Fairfax County) $644,573,383
Source: U.S. Census Bureau, Population Division
Release Date: March 2020
‘Note: Percentages are displayed as rounded numbers, however, the distributions are calculated
using the full values.
Note: The total allocation base includes Fairfax County in order to correctly calculate the
allocation for the remaining localities.
1
Appendix B: Coronavirus Relief Fund – Guidance from U.S. Treasury
Guidance for State, Territorial, Local, and Tribal Governments
Updated June 30, 20201
The purpose of this document is to provide guidance to recipients of the funding available under section
601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic
Security Act (“CARES Act”).  The CARES Act established the Coronavirus Relief Fund (the “Fund”)
and appropriated $150 billion to the Fund. Under the CARES Act, the Fund is to be used to make
payments for specified uses to States and certain local governments; the District of Columbia and U.S.
Territories (consisting of the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands); and Tribal governments.
The CARES Act provides that payments from the Fund may only be used to cover costs that—

are necessary expenditures incurred due to the public health emergency with respect to

the Coronavirus Disease 2019 (COVID–19);

were not accounted for in the budget most recently approved as of March 27, 2020 (the

date of enactment of the CARES Act) for the State or government; and

were incurred during the period that begins on March 1, 2020, and ends on December 30,

2020.2
The guidance that follows sets forth the Department of the Treasury’s interpretation of these limitations
on the permissible use of Fund payments.
Necessary expenditures incurred due to the public health emergency
The requirement that expenditures be incurred “due to” the public health emergency means that
expenditures must be used for actions taken to respond to the public health emergency. These may
include expenditures incurred to allow the State, territorial, local, or Tribal government to respond
directly to the emergency, such as by addressing medical or public health needs, as well as expenditures
incurred to respond to second-order effects of the emergency, such as by providing economic support to
those suffering from employment or business interruptions due to COVID-19-related business closures.
Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not
otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is
not a permissible use of Fund payments.
The statute also specifies that expenditures using Fund payments must be “necessary.”  The Department
of the Treasury understands this term broadly to mean that the expenditure is reasonably necessary for its
intended use in the reasonable judgment of the government officials responsible for spending Fund
payments.
Costs not accounted for in the budget most recently approved as of March 27, 2020
The CARES Act also requires that payments be used only to cover costs that were not accounted for in
the budget most recently approved as of March 27, 2020. A cost meets this requirement if either (a) the
1 This version updates the guidance provided under “Costs incurred during the period that begins on March 1, 2020,
and ends on December 30, 2020”.
2 See Section 601(d) of the Social Security Act, as added by section 5001 of the CARES Act.
Appendix B: Coronavirus Relief Fund — Guidance from U.S. Treasury
Guidance for State, Territorial, Local, and Tril
Updated June 30, 2020!
Governments
The purpose of this document is to provide guidance to recipients of the funding available under section
601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic
Security Act (“CARES Act”). The CARES Act established the Coronavirus Relief Fund (the “Fund”)
and appropriated $150 billion to the Fund. Under the CARES Act, the Fund is to be used to make
payments for specified uses to States and certain local governments; the District of Columbia and U.S.
Territories (consisting of the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands); and Tribal governments.
The CARES Act provides that payments from the Fund may only be used to cover costs that
1, are necessary expenditures incurred due to the public health emergency with respect to
the Coronavirus Disease 2019 (COVID-19);
were not accounted for in the budget most recently approved as of March 27, 2020 (the
date of enactment of the CARES Act) for the State or government; and.

were incurred during the period that begins on March 1, 2020, and ends on December 30,
2020.7

The guidance that follows sets forth the Department of the Treasury’
on the permissible use of Fund payments.
terpretation of these limi
Necessary expenditures incurred due to the public health emergency
The requirement that expenditures be incurred “due to” the public health emergeney means that
expenditures must be used for actions taken to respond to the public health emergeney. These may
include expenditures incurred to allow the State, territorial, local, or Tribal government to respond
directly to the emergency, such as by addressing medical or public health needs, as well as expenditures
incurred to respond to second-order effects of the emergency, such as by providing economic support to
those suffering from employment or business interruptions due to COVID-19-related business closures.
Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not
otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is
not a permissible use of Fund payments.
The statute also specifies that expenditures using Fund payments must be “necessary.” The Department
of the Treasury understands this term broadly to mean that the expenditure is reasonably necessary for its
intended use in the reasonable judgment of the government officials responsible for spending Fund
payments.
Costs not accounted for in the budget most recently approved as of March 27, 2020
The CARES Act also requires that payments be used only to cover costs that were not accounted for in
the budget most recently approved as of March 27, 2020. A cost meets this requirement if either (a) the
"This version updates the guidance provided under “Costs incurred during the period that begins on March 1, 2020,
and ends on December 30, 2020”.
See Section 601(d) of the Social Security Act, as added by section 5001 of the CARES Act.
2
Appendix B: Coronavirus Relief Fund – Guidance from U.S. Treasury
cost cannot lawfully be funded using a line item, allotment, or allocation within that budget or (b) the cost
is for a substantially different use from any expected use of funds in such a line item, allotment, or
allocation.
The “most recently approved” budget refers to the enacted budget for the relevant fiscal period for the
particular government, without taking into account subsequent supplemental appropriations enacted or
other budgetary adjustments made by that government in response to the COVID-19 public health
emergency. A cost is not considered to have been accounted for in a budget merely because it could be
met using a budgetary stabilization fund, rainy day fund, or similar reserve account.
Costs incurred during the period that begins on March 1, 2020, and ends on December 30, 2020
Finally, the CARES Act provides that payments from the Fund may only be used to cover costs that were
incurred during the period that begins on March 1, 2020, and ends on December 30, 2020 (the “covered
period”). Putting this requirement together with the other provisions discussed above, section 601(d) may
be summarized as providing that a State, local, or tribal government may use payments from the Fund
only to cover previously unbudgeted costs of necessary expenditures incurred due to the COVID–19
public health emergency during the covered period.
Initial guidance released on April 22, 2020, provided that the cost of an expenditure is incurred when the
recipient has expended funds to cover the cost. Upon further consideration and informed by an
understanding of State, local, and tribal government practices, Treasury is clarifying that for a cost to be
considered to have been incurred, performance or delivery must occur during the covered period but
payment of funds need not be made during that time (though it is generally expected that this will take
place within 90 days of a cost being incurred). For instance, in the case of a lease of equipment or other
property, irrespective of when payment occurs, the cost of a lease payment shall be considered to have
been incurred for the period of the lease that is within the covered period, but not otherwise.
Furthermore, in all cases it must be necessary that performance or delivery take place during the covered
period. Thus the cost of a good or service received during the covered period will not be considered
eligible under section 601(d) if there is no need for receipt until after the covered period has expired.
Goods delivered in the covered period need not be used during the covered period in all cases. For
example, the cost of a good that must be delivered in December in order to be available for use in January
could be covered using payments from the Fund. Additionally, the cost of goods purchased in bulk and
delivered during the covered period may be covered using payments from the Fund if a portion of the
goods is ordered for use in the covered period, the bulk purchase is consistent with the recipient’s usual
procurement policies and practices, and it is impractical to track and record when the items were used. A
recipient may use payments from the Fund to purchase a durable good that is to be used during the current
period and in subsequent periods if the acquisition in the covered period was necessary due to the public
health emergency.
Given that it is not always possible to estimate with precision when a good or service will be needed, the
touchstone in assessing the determination of need for a good or service during the covered period will be
reasonableness at the time delivery or performance was sought, e.g., the time of entry into a procurement
contract specifying a time for delivery. Similarly, in recognition of the likelihood of supply chain
disruptions and increased demand for certain goods and services during the COVID-19 public health
emergency, if a recipient enters into a contract requiring the delivery of goods or performance of services
by December 30, 2020, the failure of a vendor to complete delivery or services by December 30, 2020,
will not affect the ability of the recipient to use payments from the Fund to cover the cost of such goods
or services if the delay is due to circumstances beyond the recipient’s control.
Appendix B: Coronavirus Relief Fund — Guidance from U.S. Treasury
cost cannot lawfully be funded using a line item, allotment, or allocation within that budget or (b) the cost
is for a substantially different use from any expected use of funds in such a line item, allotment, or
allocation.
The “most recently approved” budget refers to the enacted budget for the relevant fiscal period for the
particular government, without taking into account subsequent supplemental appropriations enacted or
other budgetary adjustments made by that government in response to the COVID-19 public health
emergency. A cost is not considered to have been accounted for in a budget merely because it could be
met using a budgetary stabilization fund, rainy day fund, or similar reserve account.
G
s incurred during the period that begins on March 1, 2020, and ends on December 30, 2020
Finally, the CARES Act provides that payments from the Fund may only be used to cover costs that were
incurred during the period that begins on March 1, 2020, and ends on December 30, 2020 (the “covered
period”), Putting this requirement together with the other provisions discussed above, section 601(d) may
be summarized as providing that a State, local, or tribal government may use payments from the Fund
only to cover previously unbudgeted costs of necessary expenditures incurred due to the COVID-19
public health emergency during the covered period.
Initial guidance released on April 22, 2020, provided that the cost of an expenditure is incurred when the
recipient has expended funds to cover the cost. Upon further consideration and informed by an
understanding of State, local, and tribal government practices, Treasury is clarifying that for a cost to be
considered to have been incurred, performance or delivery must occur during the covered period but
payment of funds need not be made during that time (though it is generally expected that this will take
place within 90 days of a cost being incurred). For instance, in the case of a lease of equipment or other
property, irrespective of when payment occurs, the cost of a lease payment shall be considered to have
been incurred for the period of the lease that is within the covered period, but not otherwise.
Furthermore, in all cases it must be necessary that performance or delivery take place during the covered
period. Thus the cost of a good or service received during the covered period will not be considered
eligible under section 601(d) if there is no need for receipt until after the covered period has expired.
Goods delivered in the covered period need not be used during the covered period in all cases. For
example, the cost of a good that must be delivered in December in order to be available for use in January
could be covered using payments from the Fund. Additionally, the cost of goods purchased in bulk and
delivered during the covered period may be covered using payments from the Fund if a portion of the
goods is ordered for use in the covered period, the bulk purchase is consistent with the recipient’s usual
procurement policies and practices, and it is impractical to track and record when the items were used. A
recipient may use payments from the Fund to purchase a durable good that is to be used during the current
period and in subsequent periods if the acquisition in the covered period was necessary due to the public
health emergency.
Given that it is not always possible to estimate with precision when a good or service will be needed, the
touchstone in assessing the determination of need for a good or service during the covered period will be
reasonableness at the time delivery or performance was sought, ¢.g., the time of entry into a procurement
contract specifying a time for delivery. Similarly, in recognition of the likelihood of supply chain
disruptions and increased demand for certain goods and services during the COVID-19 public health
emergency, ifa recipient enters into a contract requiring the delivery of goods or performance of services
by December 30, 2020, the failure of a vendor to complete delivery or services by December 30, 2020,
will not affect the ability of the recipient to use payments from the Fund to cover the cost of such goods
or services if the delay is due to circumstances beyond the recipient’s control.
3
Appendix B: Coronavirus Relief Fund – Guidance from U.S. Treasury
This guidance applies in a like manner to costs of subrecipients. Thus, a grant or loan, for example,
provided by a recipient using payments from the Fund must be used by the subrecipient only to purchase
(or reimburse a purchase of) goods or services for which receipt both is needed within the covered period
and occurs within the covered period. The direct recipient of payments from the Fund is ultimately
responsible for compliance with this limitation on use of payments from the Fund.
Nonexclusive examples of eligible expenditures
Eligible expenditures include, but are not limited to, payment for:

Medical expenses such as:

 COVID-19-related expenses of public hospitals, clinics, and similar facilities.
 Expenses of establishing temporary public medical facilities and other measures to increase
COVID-19 treatment capacity, including related construction costs.
 Costs of providing COVID-19 testing, including serological testing.
 Emergency medical response expenses, including emergency medical transportation, related
to COVID-19.
 Expenses for establishing and operating public telemedicine capabilities for COVID-19-
related treatment.

Public health expenses such as:

 Expenses for communication and enforcement by State, territorial, local, and Tribal
governments of public health orders related to COVID-19.
 Expenses for acquisition and distribution of medical and protective supplies, including
sanitizing products and personal protective equipment, for medical personnel, police officers,
social workers, child protection services, and child welfare officers, direct service providers
for older adults and individuals with disabilities in community settings, and other public
health or safety workers in connection with the COVID-19 public health emergency.
 Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response
to the COVID-19 public health emergency.
 Expenses for technical assistance to local authorities or other entities on mitigation of
COVID-19-related threats to public health and safety.
 Expenses for public safety measures undertaken in response to COVID-19.
 Expenses for quarantining individuals.

Payroll expenses for public safety, public health, health care, human services, and similar

employees whose services are substantially dedicated to mitigating or responding to the COVID-
19 public health emergency.

Expenses of actions to facilitate compliance with COVID-19-related public health measures, such

as:
 Expenses for food delivery to residents, including, for example, senior citizens and other
vulnerable populations, to enable compliance with COVID-19 public health precautions.
 Expenses to facilitate distance learning, including technological improvements, in connection
with school closings to enable compliance with COVID-19 precautions.
 Expenses to improve telework capabilities for public employees to enable compliance with
COVID-19 public health precautions.
Appendix B: Coronavirus Relief Fund — Guidance from U.S. Treasury
This guidance applies in a like manner to costs of subrecipients. Thus, a grant or loan, for example,
provided by a recipient using payments from the Fund must be used by the subrecipient only to purchase
(or reimburse a purchase of) goods or services for which receipt both is needed within the covered period
and occurs wi
the covered period. The direct recipient of payments from the Fund is ultimately
responsible for compliance with this limitation on use of payments from the Fund,
Nonexclusive examples of eligible expenditures
Eligible expenditures include, but are not limited to, payment for:
Medical expenses such as:


COVID-19-related expenses of public hospitals, clinics, and similar facilities,


Expenses of establishing temporary public medical facilities and other measures to increase
COVID-19 treatment capacity, including related construction costs.


Costs of providing COVID-19 testing, including serological esting.



Emergency medical response expenses, including emergency medical transportation, related
to COVID-19.

‘* Expenses for establishing and operating public telemedicine capabilities for COVID-19-
related treatment,
Public health expenses such as:
© Expenses for communication and enforcement by State, territorial, local, and Tribal
governments of public health orders related to COVID-19.

Expenses for acquisition and distribution of medical and protective supplies, including
sanitizing products and personal protective equipment, for medical personnel, police officers,
social workers, child protection services, and child welfare officers, direct service providers
for older adults and individuals with disabilities in community settings, and other public
health or safety workers in connection with the COVID-19 public health emergency.


Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response
to the COVID-19 public health emergency.

Expenses for technical assistance to local authorities or other e
COVID-19-related threats to public health and safety.

Expenses for public safety measures undertaken in response toCOVID-19.

ities on mitigation of
© Expenses for quarantining individuals.
Payroll expenses for public safety, public health, health care, human services, and similar
employees whose services are substantially dedicated to mitigating or responding to the COVID-
19 public health emergency.
Expenses of actions to facilitate compliance with COVID-19-related public health measures, such
as:
© Expenses for food delivery to residents, including, for example, senior citizens and other
vulnerable populations, to enable compliance with COVID-19 public health precautions.
‘+ Expenses to facilitate distance learning, including technological improvements, in connection
with school closings to enable compliance with COVID-19 precautions.
Expenses to improve telework capabilities for public employees to enable compliance with
COVID-19 public health precautions.
Appendix B: Coronavirus Relief Fund – Guidance from U.S. Treasury
4
 Expenses of providing paid sick and paid family and medical leave to public employees
to enable compliance with COVID-19 public health precautions.
 COVID-19-related expenses of maintaining state prisons and county jails, including as
relates to sanitation and improvement of social distancing measures, to enable compliance
with COVID-19 public health precautions.
 Expenses for care for homeless populations provided to mitigate COVID-19 effects
and enable compliance with COVID-19 public health precautions.

Expenses associated with the provision of economic support in connection with the COVID-

19 public health emergency, such as:
 Expenditures related to the provision of grants to small businesses to reimburse the costs
of business interruption caused by required closures.
 Expenditures related to a State, territorial, local, or Tribal government payroll
support program.
 Unemployment insurance costs related to the COVID-19 public health emergency if
such costs will not be reimbursed by the federal government pursuant to the CARES
Act or otherwise.

Any other COVID-19-related expenses reasonably necessary to the function of government

that satisfy the Fund’s eligibility criteria.
Nonexclusive examples of ineligible expenditures3
The following is a list of examples of costs that would not be eligible expenditures of payments from
the Fund.


Expenses for the State share of Medicaid.4


Damages covered by insurance.


Payroll or benefits expenses for employees whose work duties are not substantially dedicated


to mitigating or responding to the COVID-19 public health emergency.

Expenses that have been or will be reimbursed under any federal program, such as the

reimbursement by the federal government pursuant to the CARES Act of contributions by
States to State unemployment funds.


Reimbursement to donors for donated items or services.


Workforce bonuses other than hazard pay or overtime.


Severance pay.


Legal settlements.


3 In addition, pursuant to section 5001(b) of the CARES Act, payments from the Fund may not be expended for an
elective abortion or on research in which a human embryo is destroyed, discarded, or knowingly subjected to risk of
injury or death. The prohibition on payment for abortions does not apply to an abortion if the pregnancy is the result
of an act of rape or incest; or in the case where a woman suffers from a physical disorder, physical injury, or
physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that
would, as certified by a physician, place the woman in danger of death unless an abortion is performed.
Furthermore, no government which receives payments from the Fund may discriminate against a health care
entity on the basis that the entity does not provide, pay for, provide coverage of, or refer for abortions.
4 See 42 C.F.R. § 433.51 and 45 C.F.R. § 75.306.
Appendix B: Coronavirus Relief Fund — Guidance from U.S. Treasury
‘* Expenses of providing paid sick and paid family and medical leave to public employees
to enable compliance with COVID-19 public health precautions.

COVID-19-related expenses of maintaining state prisons and county jails, including as
relates to sanitation and improvement of social distancing measures, to enable compliance
with COVID-19 public health precautions.

Expenses for care for homeless populations provided to mitigateCOVID-19 effects
and enable compliance with COVID-19 public health precautions.

Expenses associated with the provision of economic support in connection with the COVID-
19 public health emergency, such as:

‘© Expenditures related to the provision of grants to small businesses to reimburse the costs
of business interruption caused by required closures.
Expenditures related to a State, territorial, local, or Tribal government payroll
support program.
‘© Unemployment insurance costs related to the COVID-19 public health emergency if
such costs will not be reimbursed by the federal government pursuant to the CARES
Act or otherwise.

Any other COVID-19-related expenses reasonably necessary to the function of government
that satisfy the Funds eligibility criteria.

Nonexclusive examples of ineligible expenditures’
The following is a list of examples of costs that would not be eligible expenditures of payments from
the Fund.


Expenses for the State share of Medicaid.*


Damages covered by insurance.


Payroll or benefits expenses for employees whose work duties are not substantially dedicated
to mitigating or responding to the COVID-19 public health emergency.


4, Expenses that have been or will be reimbursed under any federal program, such as the
reimbursement by the federal government pursuant to the CARES Act of contributions by
States to State unemployment funds.
Reimbursement to donors for donated items orservices,
Workforce bonuses other than hazard pay or overtime,
Severance pay.
Legal settlements.
in addition, pursuant to section 5001(b) of the CARES Act, payments from the Fund may not be expended for an
lective abortion or on research in which a human embryo is destroyed, discarded, or knowingly subjected to risk of
injury or death. The prohibition on payment for abortions does not apply to an abortion if the pregnancy is the result
of an act of rape or incest; or in the ease where a woman suffers from a physical disorder, physical injury, or
physical illness, including a life-endangering physical condition caused by or arising from the pregnaney itself, that
would, as certified by a physician, place the woman in danger of death unless an abortion is performed,
Furthermore, no government which receives payments from the Fund may discriminate against a health care
entity on the basis that the entity does not provide, pay for, provide coverage of, or refer for abortions.
4 See 42 CER. § 433.51 and 45 CER. § 75.306.
Appendix C: Coronavirus Relief Fund – Frequently Asked Questions
1
The content below was provided by the U.S. Department of the Treasury.
Coronavirus Relief Fund
Frequently Asked Questions
Updated as of July 8, 2020
The following answers to frequently asked questions supplement Treasury’s Coronavirus Relief Fund
(“Fund”) Guidance for State, Territorial, Local, and Tribal Governments, dated April 22, 2020,
(“Guidance”).1 Amounts paid from the Fund are subject to the restrictions outlined in the Guidance and set
forth in section 601(d) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief,
and Economic Security Act (“CARES Act”).
Eligible Expenditures
Are governments required to submit proposed expenditures to Treasury for approval?
No. Governments are responsible for making determinations as to what expenditures are necessary due to the
public health emergency with respect to COVID-19 and do not need to submit any proposed expenditures to
Treasury.
The Guidance says that funding can be used to meet payroll expenses for public safety, public health,
health care, human services, and similar employees whose services are substantially dedicated to
mitigating or responding to the COVID-19 public health emergency. How does a government determine
whether payroll expenses for a given employee satisfy the “substantially dedicated” condition?
The Fund is designed to provide ready funding to address unforeseen financial needs and risks created by the
COVID-19 public health emergency.  For this reason, and as a matter of administrative convenience in light
of the emergency nature of this program, a State, territorial, local, or Tribal government may presume that
payroll costs for public health and public safety employees are payments for services substantially dedicated
to mitigating or responding to the COVID-19 public health emergency, unless the chief executive (or
equivalent) of the relevant government determines that specific circumstances indicate otherwise.
The Guidance says that a cost was not accounted for in the most recently approved budget if the cost is for
a substantially different use from any expected use of funds in such a line item, allotment, or allocation.
What would qualify as a “substantially different use” for purposes of the Fund eligibility?
Costs incurred for a “substantially different use” include, but are not necessarily limited to, costs of personnel
and services that were budgeted for in the most recently approved budget but which, due entirely to the
COVID-19 public health emergency, have been diverted to substantially different functions. This would
include, for example, the costs of redeploying corrections facility staff to enable compliance with COVID-19
public health precautions through work such as enhanced sanitation or enforcing social distancing measures;
the costs of redeploying police to support management and enforcement of stay-at-home orders; or the costs
of diverting educational support staff or faculty to develop online learning capabilities, such as through
providing information technology support that is not part of the staff or faculty’s ordinary responsibilities.
Note that a public function does not become a “substantially different use” merely because it is provided
from a different location or through a different manner. For example, although developing online instruction
capabilities may be a substantially different use of funds, online instruction itself is not a substantially
different use of public funds than classroom instruction.
1 The Guidance is available at https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-
State-Territorial-Local-and-Tribal-Governments.pdf.
https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local-and-Tribal-Governments.pdf
https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local-and-Tribal-Governments.pdf
Appendix C: Coronavirus Relief Fund — Frequently Asked Questions
‘The content below was provided by the U.S. Department of the Treasury.
Coronavirus Relief Fund
Frequently Asked Questions
Updated as of July 8, 2020
The following answers to frequently asked questions supplement Treasury’s Coronavirus Relief Fund
(“Fund”) Guidance for State, Territorial, Local, and Tribal Governments, dated April 22, 2020,
(°Guidance”).’ Amounts paid from the Fund are subject to the restrictions outlined in the Guidance and set,
forth in section 601(d) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief,
and Economic Security Act ("CARES Act”)
Eligible Expenditures
Are governments required to submit proposed expenditures to Treasury for approval?
No. Governments are responsible for making determinations as to what expenditures are necessary due to the
public health emergency with respect to COVID-19 and do not need to submit any proposed expenditures to
Treasury.
The Guidance says that funding can be used to meet payroll expenses for public safety, public health,
health care, human services, and similar employees whose services are substantially dedicated to
mitigating or responding to the COVID-19 public health emergency. How does a government determine
whether payroll expenses for a given employee satisfy the “substantially dedicated” condition?
The Fund is designed to provide ready funding to address unforeseen financial needs and risks created by the
COVID-19 public health emergency. For this reason, and as a matter of administrative convenience in light
of the emergency nature of this program, a State, territorial, local, or Tribal government may presume that
payroll costs for public health and public safety employees are payments for services substantially dedicated
to mitigating or responding to the COVID-19 public health emergency, unless the chief executive (or
equivalent) of the relevant government determines that specific circumstances indicate otherwise.
The Guidance says that a cost was not accounted for in the most recently approved budget if the cost is for
a substantially different use from any expected use of funds in such a line item, allotment, or allocation.
What would qualify as a “substantially different use” for purposes of the Fund eligibility?
Costs incurred for a “substantially different use” include, but are not necessarily limited to, costs of personnel
and services that were budgeted for in the most recently approved budget but which, due entirely to the
COVID-19 public health emergency, have been diverted to substantially different functions. This would
include, for example, the costs of redeploying corrections facility staff to enable compliance with COVID-19
public health precautions through work such as enhanced sanitation or enforcing social distancing measures;
the costs of redeploying police to support management and enforcement of stay-at-home orders; or the costs
of diverting educational support staff or faculty to develop online learning capabilities, such as through
providing information technology support that is not part of the staff or faculty’s ordinary responsibilities.
Note that a publie function does not become a “substantially different use” merely because it is provided
from a different location or through a different manner. For example, although developing online instruction
capabilities may be a substantially different use of funds, online instruction itself is not a substantially
different use of public funds than classroom instruction.
,ov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-
Appendix C: Coronavirus Relief Fund – Frequently Asked Questions
2
May a State receiving a payment transfer funds to a local government?
Yes, provided that the transfer qualifies as a necessary expenditure incurred due to the public health
emergency and meets the other criteria of section 601(d) of the Social Security Act. Such funds would be
subject to recoupment by the Treasury Department if they have not been used in a manner consistent with
section 601(d) of the Social Security Act.
May a unit of local government receiving a Fund payment transfer funds to another unit of
government?
Yes. For example, a county may transfer funds to a city, town, or school district within the county and a
county or city may transfer funds to its State, provided that the transfer qualifies as a necessary
expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of
the Social Security Act outlined in the Guidance. For example, a transfer from a county to a constituent
city would not be permissible if the funds were intended to be used simply to fill shortfalls in government
revenue to cover expenditures that would not otherwise qualify as an eligible expenditure.
Is a Fund payment recipient required to transfer funds to a smaller, constituent unit of government
within its borders?
No. For example, a county recipient is not required to transfer funds to smaller cities within the county’s
borders.
Are recipients required to use other federal funds or seek reimbursement under other federal programs
before using Fund payments to satisfy eligible expenses?
No. Recipients may use Fund payments for any expenses eligible under section 601(d) of the Social
Security Act outlined in the Guidance.  Fund payments are not required to be used as the source of
funding of last resort. However, as noted below, recipients may not use payments from the Fund to cover
expenditures for which they will receive reimbursement.
Are there prohibitions on combining a transaction supported with Fund payments with other CARES
Act funding or COVID-19 relief Federal funding?
Recipients will need to consider the applicable restrictions and limitations of such other sources of
funding. In addition, expenses that have been or will be reimbursed under any federal program, such as
the reimbursement by the federal government pursuant to the CARES Act of contributions by States to
State unemployment funds, are not eligible uses of Fund payments.
Are States permitted to use Fund payments to support state unemployment insurance funds generally?
To the extent that the costs incurred by a state unemployment insurance fund are incurred due to the
COVID-19 public health emergency, a State may use Fund payments to make payments to its respective
state unemployment insurance fund, separate and apart from such State’s obligation to the unemployment
insurance fund as an employer. This will permit States to use Fund payments to prevent expenses related
to the public health emergency from causing their state unemployment insurance funds to become
insolvent.
Appendix C: Coronavirus Relief Fund — Frequently Asked Questions
May a State receiving a payment transfer funds to a local government?
‘Yes, provided that the transfer qualifies as a necessary expenditure incurred due to the public health
‘emergency and meets the other criteria of section 601(d) of the Social Security Act. Such funds would be
subject to recoupment by the Treasury Department if they have not been used in a manner consistent with
section 601(d) of the Social Security Act.
May a unit of local government receiving a Fund payment transfer funds to another unit of
government?
‘Yes. For example, a county may transfer funds to a city, town, or school district within the county and a
county or city may transfer funds to its State, provided that the transfer qualifies as a necessary
expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of
the Social Security Act outlined in the Guidance. For example, a transfer from a county to a constituent
city would not be perm the funds were intended to be used simply to fill shortfalls in government
revenue to cover expenditures that would not otherwise qualify as an eligible expenditure,
Is a Fund payment recipient required to transfer funds to a smaller, constituent unit of government
within its borders?
No. For example, a county recipient is not required to transfer funds to smaller cities within the county’s,
borders.
Are recipients required to use other federal funds or seek reimbursement under other federal programs
before using Fund payments to satisfy eligible expenses?
No. Recipients may use Fund payments for any expenses eligible under section 601(d) of the Social
Security Act outlined in the Guidance. Fund payments are not required to be used as the source of
funding of last resort. However, as noted below, recipients may not use payments from the Fund to cover
expenditures for which they will receive reimbursement.
Are there prohibitions on combining a transaction supported with Fund payments with other CARES
Act funding or COVID-19 relief Federal funding?
Recipients will need to consider the applicable restrictions and limitations of such other sources of
funding. In addition, expenses that have been or will be reimbursed under any federal program, such as
the reimbursement by the federal government pursuant to the CARES Act of contributions by States to
State unemployment funds, are not eligible uses of Fund payments.
Are States permitted to use Fund payments to support state unemployment insurance funds generally?
To the extent that the costs incurred by a state unemployment insurance fund are incurred due to the
COVID-19 public health emergency, a State may use Fund payments to make payments to its respective
state unemployment insurance fund, separate and apart from such State’s obligation to the unemployment
insurance fund as an employer. This will permit States to use Fund payments to prevent expenses related
to the public health emergency from causing their state unemployment insurance funds to become
insolvent.
Appendix C: Coronavirus Relief Fund – Frequently Asked Questions
3
Are recipients permitted to use Fund payments to pay for unemployment insurance costs incurred by
the recipient as an employer?
Yes, Fund payments may be used for unemployment insurance costs incurred by the recipient as an
employer (for example, as a reimbursing employer) related to the COVID-19 public health emergency if
such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise.
The Guidance states that the Fund may support a “broad range of uses” including payroll expenses for
several classes of employees whose services are “substantially dedicated to mitigating or responding to
the COVID-19 public health emergency.”  What are some examples of types of covered employees?
The Guidance provides examples of broad classes of employees whose payroll expenses would be eligible
expenses under the Fund. These classes of employees include public safety, public health, health care,
human services, and similar employees whose services are substantially dedicated to mitigating or
responding to the COVID-19 public health emergency. Payroll and benefit costs associated with public
employees who could have been furloughed or otherwise laid off but who were instead repurposed to
perform previously unbudgeted functions substantially dedicated to mitigating or responding to the
COVID-19 public health emergency are also covered. Other eligible expenditures include payroll and
benefit costs of educational support staff or faculty responsible for developing online learning capabilities
necessary to continue educational instruction in response to COVID-19-related school closures.  Please
see the Guidance for a discussion of what is meant by an expense that was not accounted for in the budget
most recently approved as of March 27, 2020.
In some cases, first responders and critical health care workers that contract COVID-19 are eligible
for workers’ compensation coverage. Is the cost of this expanded workers compensation coverage
eligible?
Increased workers compensation cost to the government due to the COVID-19 public health emergency
incurred during the period beginning March 1, 2020, and ending December 30, 2020, is an eligible
expense.
If a recipient would have decommissioned equipment or not renewed a lease on particular office space
or equipment but decides to continue to use the equipment or to renew the lease in order to respond to
the public health emergency, are the costs associated with continuing to operate the equipment or the
ongoing lease payments eligible expenses?
Yes. To the extent the expenses were previously unbudgeted and are otherwise consistent with section
601(d) of the Social Security Act outlined in the Guidance, such expenses would be eligible.
May recipients provide stipends to employees for eligible expenses (for example, a stipend to employees
to improve telework capabilities) rather than require employees to incur the eligible cost and submit for
reimbursement?
Expenditures paid for with payments from the Fund must be limited to those that are necessary due to the
public health emergency. As such, unless the government were to determine that providing assistance in
the form of a stipend is an administrative necessity, the government should provide such assistance on a
reimbursement basis to ensure as much as possible that funds are used to cover only eligible expenses.
Appendix C: Coronavirus Relief Fund — Frequently Asked Questions
Are recipients permitted to use Fund payments to pay for unemployment insurance costs incurred by
the recipient as an employer?
Yes, Fund payments may be used for unemployment insurance costs incurred by the recipient as an
employer (for example, as a reimbursing employer) related to the COVID-19 public health emergency if
such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise.
The Guidance states that the Fund may support a “broad range of uses” including payroll expenses for
several classes of employees whose services are “substantially dedicated to mitigating or responding to
the COVID-19 public health emergency.” What are some examples of types of covered employees?
The Guidance provides examples of broad classes of employees whose payroll expenses would be eligible
‘expenses under the Fund. These classes of employees include public safety, public health, health care,
human services, and similar employees whose services are substantially dedicated to mitigating or
responding to the COVID-19 public health emergency. Payroll and benefit costs associated with public
employees who could have been furloughed or otherwise laid off but who were instead repurposed to
perform previously unbudgeted functions substantially dedicated to mitigating or responding to the
COVID-19 public health emergency are also covered. Other eligible expenditures include payroll and
benefit costs of educational support staff or faculty responsible for developing online learning capabilities
necessary to continue educational instruction in response to COVID-19-related school closures. Please
see the Guidance for a discussion of what is meant by an expense that was not accounted for in the budget
most recently approved as of March 27, 2020.
In some cases, first responders and critical health care workers that contract COVID-19 are eligible
‘for workers? compensation coverage. Is the cost of this expanded workers compensation coverage
eligible?
Increased workers compensation cost to the government due to the COVID-19 public health emergency
incurred during the period beginning March 1, 2020, and ending December 30, 2020, is an eligible
expense.
Ifa recipient would have decommissioned equipment or not renewed a lease on particular office space
or equipment but decides to continue to use the equipment or to renew the lease in order to respond to
the public health emergency, are the costs associated with continuing to operate the equipment or the
ongoing lease payments eligible expenses?
Yes. To the extent the expenses were previously unbudgeted and are otherwise consistent with section
601(d) of the Social Security Act outlined in the Guidance, such expenses would be eligible.
May recipients provide stipends to employees for eligible expenses (for example, a stipend to employees
to improve telework capabilities) rather than require employees to incur the eligible cost and submit for
reimbursement?
Expenditures paid for with payments from the Fund must be limited to those that are necessary due to the
public health emergency. As such, unless the government were to determine that providing assistance in
the form of a stipend is an administrative necessity, the government should provide such assistance on a
reimbursement basis to ensure as much as possible that funds are used to cover only eligible expenses.
Appendix C: Coronavirus Relief Fund – Frequently Asked Questions
4
May Fund payments be used for COVID-19 public health emergency recovery planning?
Yes. Expenses associated with conducting a recovery planning project or operating a recovery
coordination office would be eligible, if the expenses otherwise meet the criteria set forth in section
601(d) of the Social Security Act outlined in the Guidance.
Are expenses associated with contact tracing eligible?
Yes, expenses associated with contract tracing are eligible.
To what extent may a government use Fund payments to support the operations of private hospitals?
Governments may use Fund payments to support public or private hospitals to the extent that the costs are
necessary expenditures incurred due to the COVID-19 public health emergency, but the form such
assistance would take may differ.  In particular, financial assistance to private hospitals could take the
form of a grant or a short-term loan.
May payments from the Fund be used to assist individuals with enrolling in a government benefit
program for those who have been laid off due to COVID-19 and thereby lost health insurance?
Yes. To the extent that the relevant government official determines that these expenses are necessary and
they meet the other requirements set forth in section 601(d) of the Social Security Act outlined in the
Guidance, these expenses are eligible.
May recipients use Fund payments to facilitate livestock depopulation incurred by producers due to
supply chain disruptions?
Yes, to the extent these efforts are deemed necessary for public health reasons or as a form of economic
support as a result of the COVID-19 health emergency.
Would providing a consumer grant program to prevent eviction and assist in preventing homelessness
be considered an eligible expense?
Yes, assuming that the recipient considers the grants to be a necessary expense incurred due to the
COVID-19 public health emergency and the grants meet the other requirements for the use of Fund
payments under section 601(d) of the Social Security Act outlined in the Guidance. As a general matter,
providing assistance to recipients to enable them to meet property tax requirements would not be an
eligible use of funds, but exceptions may be made in the case of assistance designed to prevent
foreclosures.
May recipients create a “payroll support program” for public employees?
Use of payments from the Fund to cover payroll or benefits expenses of public employees are limited to
those employees whose work duties are substantially dedicated to mitigating or responding to the
COVID-19 public health emergency.
May recipients use Fund payments to cover employment and training programs for employees that
have been furloughed due to the public health emergency?
Yes, this would be an eligible expense if the government determined that the costs of such employment
and training programs would be necessary due to the public health emergency.
Appendix C: Coronavirus Relief Fund — Frequently Asked Questions
May Fund payments be used for COVID-19 public health emergency recovery planning?
Yes. Expenses associated with conducting a recovery planning project or operating a recovery
coordination office would be eligible, if the expenses otherwise meet the criteria set forth in section
601(d) of the Social Security Act outlined in the Gui
lance.
Are expenses associated with contact tracing eligible?
Yes, expenses associated with contract tracing are eligible,
To what extent may a government use Fund payments to support the operations of private hospitals?
Governments may use Fund payments to support public or private hospitals to the extent that the costs are
necessary expenditures incurred due to the COVID-19 public health emergency, but the form such
assistance would take may differ. In particular, financial assistance to private hospitals could take the
form of a grant or a short-term loan,
May payments from the Fund be used to assist individuals with enrolling in a government benefit
program for those who have been laid off due to COVID-19 and thereby lost health insurance?
Yes. To the extent that the relevant government official determines that these expenses are necessary and
they meet the other requirements set forth in section 601(d) of the Social Security Act outlined in the
Guidance, these expenses are eligible.
May recipients use Fund payments to facilitate livestock depopulation incurred by producers due to
supply chain disruptions?
Yes, to the extent these efforts are deemed necessary for public health reasons or as a form of economic
support as a result of the COVID-19 health emergency.
Would providing a consumer grant program to prevent eviction and assist in preventing homelessness
be considered an eligible expense?
Yes, assuming that the recipient considers the grants to be a necessary expense incurred due to the
COVID-19 public health emergency and the grants meet the other requirements for the use of Fund
payments under section 601(d) of the Social Security Act outlined in the Guidance. As a general matter,
providing assistance to recipients to enable them to meet property tax requirements would not be an
eligible use of funds, but exceptions may be made in the case of assistance designed to prevent
foreclosures.
May recipients create a “payroll support program” for public employees?
Use of payments from the Fund to cover payroll or benefits expenses of public employees are limited to
those employees whose work duties are substantially dedicated to mitigating or responding to the
COVID-19 public health emergency.
May recipients use Fund payments to cover employment and training programs for employees that
have been furloughed due to the public health emergency?
Yes, this would be an eligible expense if the government determined that the costs of such employment
and training programs would be necessary due to the public health emergency.
Appendix C: Coronavirus Relief Fund – Frequently Asked Questions
5
May recipients use Fund payments to provide emergency financial assistance to individuals and
families directly impacted by a loss of income due to the COVID-19 public health emergency?
Yes, if a government determines such assistance to be a necessary expenditure. Such assistance could
include, for example, a program to assist individuals with payment of overdue rent or mortgage payments
to avoid eviction or foreclosure or unforeseen financial costs for funerals and other emergency individual
needs.  Such assistance should be structured in a manner to ensure as much as possible, within the realm
of what is administratively feasible, that such assistance is necessary.
The Guidance provides that eligible expenditures may include expenditures related to the provision of
grants to small businesses to reimburse the costs of business interruption caused by required closures.
What is meant by a “small business,” and is the Guidance intended to refer only to expenditures to
cover administrative expenses of such a grant program?
Governments have discretion to determine what payments are necessary. A program that is aimed at
assisting small businesses with the costs of business interruption caused by required closures should be
tailored to assist those businesses in need of such assistance. The amount of a grant to a small business to
reimburse the costs of business interruption caused by required closures would also be an eligible
expenditure under section 601(d) of the Social Security Act, as outlined in the Guidance.
The Guidance provides that expenses associated with the provision of economic support in connection
with the public health emergency, such as expenditures related to the provision of grants to small
businesses to reimburse the costs of business interruption caused by required closures, would
constitute eligible expenditures of Fund payments. Would such expenditures be eligible in the absence
of a stay-at-home order?
Fund payments may be used for economic support in the absence of a stay-at-home order if such
expenditures are determined by the government to be necessary. This may include, for example, a grant
program to benefit small businesses that close voluntarily to promote social distancing measures or that
are affected by decreased customer demand as a result of the COVID-19 public health emergency.
May Fund payments be used to assist impacted property owners with the payment of their property
taxes?
Fund payments may not be used for government revenue replacement, including the provision of
assistance to meet tax obligations.
May Fund payments be used to replace foregone utility fees? If not, can Fund payments be used as a
direct subsidy payment to all utility account holders?
Fund payments may not be used for government revenue replacement, including the replacement of
unpaid utility fees. Fund payments may be used for subsidy payments to electricity account holders to the
extent that the subsidy payments are deemed by the recipient to be necessary expenditures incurred due to
the COVID-19 public health emergency and meet the other criteria of section 601(d) of the Social
Security Act outlined in the Guidance. For example, if determined to be a necessary expenditure, a
government could provide grants to individuals facing economic hardship to allow them to pay their
utility fees and thereby continue to receive essential services.
Appendix C: Coronavirus Relief Fund — Frequently Asked Questions
May recipients use Fund payments to provide emergency financial assistance to individuals and
families directly impacted by a loss of income due to the COVID-19 public health emergency?
Yes, if’a government determines such assistance to be a necessary expenditure, Such assistance could
include, for example, a program to assist individuals with payment of overdue rent or mortgage payments
to avoid eviction or foreclosure or unforeseen financial costs for funerals and other emergency individual
needs. Such assistance should be structured in a manner to ensure as much as possible, within the realm
of what is administratively feasible, that such assistance is necessary.
The Guidance provides that eligible expenditures may include expenditures related to the provision of
grants to small businesses to reimburse the costs of business interruption caused by required closures.
What is meant by a “small business,” and is the Guidance intended to refer only to expenditures to
cover administrative expenses of such a grant program?
Governments have discretion to determine what payments are necessary. A program that is aimed at
assisting small businesses with the costs of business interruption caused by required closures should be
tailored to assist those businesses in need of such assistance, The amount of a grant to a small business to
reimburse the costs of business interruption caused by required closures would also be an eligible
expenditure under section 601(d) of the Social Security Act, as outlined in the Guidance.
The Guidance provides that expenses associated with the provision of economic support in connection
with the public health emergency, such as expenditures related to the provision of grants to small
businesses to reimburse the costs of business interruption caused by required closures, would
constitute eligible expenditures of Fund payments. Would such expenditures be eligible in the absence
of a stay-at-home order?
Fund payments may be used for economic support in the absence of a stay-at-home order if such
expenditures are determined by the government to be necessary. This may include, for example, a grant
program to benefit small businesses that close voluntarily to promote social distancing measures or that
are affected by decreased customer demand as a result of the COVID-19 public health emergency.
May Fund payments be used t0 as
taxes?
impacted property owners with the payment of their property
Fund payments may not be used for government revenue replacement, including the provision of
assistance to meet tax obligations.
May Fund payments be used to replace foregone utility fees? If not, can Fund payments be used as a
direct subsidy payment to all utility account holders?
Fund payments may not be used for government revenue replacement, including the replacement of
unpaid utility fees. Fund payments may be used for subsidy payments to electricity account holders to the
extent that the subsidy payments are deemed by the recipient to be necessary expenditures incurred due to
the COVID-19 public health emergency and meet the other criteria of section 601(d) of the Social
Security Act outlined in the Guidance. For example, if determined to be a necessary expenditure, a
government could provide grants to individuals facing economic hardship to allow them to pay their
utility fees and thereby continue to receive essential services.
Appendix C: Coronavirus Relief Fund – Frequently Asked Questions
6
Could Fund payments be used for capital improvement projects that broadly provide potential
economic development in a community?
In general, no. If capital improvement projects are not necessary expenditures incurred due to the
COVID-19 public health emergency, then Fund payments may not be used for such projects.
However, Fund payments may be used for the expenses of, for example, establishing temporary public
medical facilities and other measures to increase COVID-19 treatment capacity or improve mitigation
measures, including related construction costs.
The Guidance includes workforce bonuses as an example of ineligible expenses but provides that
hazard pay would be eligible if otherwise determined to be a necessary expense. Is there a specific
definition of “hazard pay”?
Hazard pay means additional pay for performing hazardous duty or work involving physical hardship, in
each case that is related to COVID-19.
The Guidance provides that ineligible expenditures include “[p]ayroll or benefits expenses for
employees whose work duties are not substantially dedicated to mitigating or responding to the
COVID-19 public health emergency.”  Is this intended to relate only to public employees?
Yes. This particular nonexclusive example of an ineligible expenditure relates to public employees. A
recipient would not be permitted to pay for payroll or benefit expenses of private employees and any
financial assistance (such as grants or short-term loans) to private employers are not subject to the
restriction that the private employers’ employees must be substantially dedicated to mitigating or
responding to the COVID-19 public health emergency.
May counties pre-pay with CARES Act funds for expenses such as a one or two-year facility lease,
such as to house staff hired in response to COVID-19?
A government should not make prepayments on contracts using payments from the Fund to the extent that
doing so would not be consistent with its ordinary course policies and procedures.
Must a stay-at-home order or other public health mandate be in effect in order for a government to
provide assistance to small businesses using payments from the Fund?
No. The Guidance provides, as an example of an eligible use of payments from the Fund, expenditures
related to the provision of grants to small businesses to reimburse the costs of business interruption
caused by required closures. Such assistance may be provided using amounts received from the Fund in
the absence of a requirement to close businesses if the relevant government determines that such
expenditures are necessary in response to the public health emergency.
Appendix C: Coronavirus Relief Fund — Frequently Asked Questions
Could Fund payments be used for capital improvement projects that broadly provide potential
economic development in a community?
In general, no. If capital improvement projects are not necessary expenditures incurred due to the
COVID-19 public health emergency, then Fund payments may not be used for such projects,
However, Fund payments may be used for the expenses of, for example, establishing temporary public
medical facilities and other measures to increase COVID-19 treatment capacity or improve mitigation
measures, including related construction costs.
The Guidance includes workforce bonuses as an example of ineligible expenses but provides that
hazard pay would be eligible if otherwise determined to be a necessary expense. Is there a specific
definition of “hazard pay”?
Hazard pay means additional pay for performing hazardous duty or work involving physical hardship, in
each case that is related to COVID-19.
The Guidance provides that ineligible expenditures include “{pfayroll or benefits expenses for
employees whose work duties are not substantially dedicated to mitigating or responding to the
COVID-19 public health emergency.” Is this intended to relate only to public employees?
Yes. This particular nonexclusive example of an ineligible expenditure relates to public employees. A
recipient would not be permitted to pay for payroll or benefit expenses of private employees and any
financial assistance (such as grants or short-term loans) to private employers are not subject to the
restriction that the private employers’ employees must be substantially dedicated to mitigating or
responding to the COVID-19 public health emergency
May counties pre-pay with CARES Act funds for expenses such as a one or two-year facility lease,
such as to house staff hired in response to COVID-19?
A government should not make prepayments on contracts using payments from the Fund to the extent that
doing so would not be consistent with its ordinary course policies and procedures.
‘Must a stay-at-home order or other public health mandate be in effect in order for a government to
provide assistance to small businesses using payments from the Fund?
No. The Guidance provides, as an example of an eligible use of payments from the Fund, expenditures
related to the provision of grants to small businesses to reimburse the costs of business interruption
caused by required closures, Such assistance may be provided using amounts received from the Fund in
the absence of a requirement to close businesses if the relevant government determines that such
expenditures are necessary in response to the public health emergency.
Appendix C: Coronavirus Relief Fund – Frequently Asked Questions
7
Should States receiving a payment transfer funds to local governments that did not receive payments
directly from Treasury?
Yes, provided that the transferred funds are used by the local government for eligible expenditures under
the statute. To facilitate prompt distribution of Title V funds, the CARES Act authorized Treasury to
make direct payments to local governments with populations in excess of 500,000, in amounts equal to
45% of the local government’s per capita share of the statewide allocation. This statutory structure was
based on a recognition that it is more administratively feasible to rely on States, rather than the federal
government, to manage the transfer of funds to smaller local governments. Consistent with the needs of
all local governments for funding to address the public health emergency, States should transfer funds to
local governments with populations of 500,000 or less, using as a benchmark the per capita allocation
formula that governs payments to larger local governments. This approach will ensure equitable
treatment among local governments of all sizes.
For example, a State received the minimum $1.25 billion allocation and had one county with a population
over 500,000 that received $250 million directly.  The State should distribute 45 percent of the $1 billion
it received, or $450 million, to local governments within the State with a population of 500,000 or less.
May a State impose restrictions on transfers of funds to local governments?
Yes, to the extent that the restrictions facilitate the State’s compliance with the requirements set forth in
section 601(d) of the Social Security Act outlined in the Guidance and other applicable requirements such
as the Single Audit Act, discussed below.  Other restrictions are not permissible.
If a recipient must issue tax anticipation notes (TANs) to make up for tax due date deferrals or revenue
shortfalls, are the expenses associated with the issuance eligible uses of Fund payments?
If a government determines that the issuance of TANs is necessary due to the COVID-19 public health
emergency, the government may expend payments from the Fund on the interest expense payable on
TANs by the borrower and unbudgeted administrative and transactional costs, such as necessary
payments to advisors and underwriters, associated with the issuance of the TANs.
May recipients use Fund payments to expand rural broadband capacity to assist with distance learning
and telework?
Such expenditures would only be permissible if they are necessary for the public health emergency. The
cost of projects that would not be expected to increase capacity to a significant extent until the need for
distance learning and telework have passed due to this public health emergency would not be necessary
due to the public health emergency and thus would not be eligible uses of Fund payments.
Are costs associated with increased solid waste capacity an eligible use of payments from the Fund?
Yes, costs to address increase in solid waste as a result of the public health emergency, such as relates to
the disposal of used personal protective equipment, would be an eligible expenditure.
May payments from the Fund be used to cover across-the-board hazard pay for employees working
during a state of emergency?
No.  The Guidance says that funding may be used to meet payroll expenses for public safety, public
health, health care, human services, and similar employees whose services are substantially dedicated to
mitigating or responding to the COVID-19 public health emergency. Hazard pay is a form of payroll
expense and is subject to this limitation, so Fund payments may only be used to cover hazard pay for such
individuals.
Appendix C: Coronavirus Relief Fund — Frequently Asked Questions
Should States receiving a payment transfer funds to local governments that did not receive payments
directly from Treasury?
Yes, provided that the transferred funds are used by the local government for eligible expenditures under
the statute. To facilitate prompt distribution of Title V funds, the CARES Act authorized Treasury to
make direct payments to local governments with populations in excess of $00,000, in amounts equal to
45% of the local government’s per capita share of the statewide allocation, This statutory structure was
based on a recognition that it is more administratively feasible to rely on States, rather than the federal
‘government, to manage the transfer of funds to smaller local governments. Consistent with the needs of
all local governments for funding to address the public health emergency, States should transfer funds to
local governments with populations of 500,000 or less, using as a benchmark the per capita allocation
formula that governs payments to larger local governments. This approach will ensure equitable
treatment among local governments of all sizes.
For example, a State received the minimum $1.25 billion allocation and had one county with a population
‘over 500,000 that received $250 million directly. The State should distribute 45 percent of the $1 billion
it received, or $450 million, to local governments within the State with a population of 500,000 or les
May a State impose restrictions on transfers of funds to local governments?
‘Yes, to the extent that the restrictions facilitate the State’s compliance with the requirements set forth in
section 601(d) of the Social Security Act outlined in the Guidance and other applicable requirements such
as the Single Audit Act, discussed below. Other restrictions are not permissible.
Ifa recipient must issue tax anticipation notes (TANs) to make up for tax due date deferrals or revenue
shortfalls, are the expenses associated with the issuance eligible uses of Fund payments?
Ifa government determines that the issuance of TANS is necessary due to the COVID-19 public health
‘emergency, the government may expend payments from the Fund on the interest expense payable on
TANS by the borrower and unbudgeted administrative and transactional costs, such as necessary
payments to advisors and underwriters, associated with the issuance of the TANs,
May recipients use Fund payments to expand rural broadband capacity to assist with distance learning
and telework?
Such expenditures would only be permissible if they are necessary for the public health emergency. The
cost of projects that would not be expected to increase capacity to a significant extent until the need for
distance learning and telework have passed due to this public health emergency would not be necessary
due to the public health emergency and thus would not be eligible uses of Fund payments.
Are costs associated with increased solid waste capacity an eligible use of payments from the Fund?
Yes, costs to address increase in solid waste as a result of the public health emergency, such as relates to
the disposal of used personal protective equipment, would be an eligible expenditure.
May payments from the Fund be used to cover across-the-board hazard pay for employees working
during a state of emergency?
No. The Guidance says that funding may be used to meet payroll expenses for public safety, public
health, health care, human services, and similar employees whose services are substantially dedicated to
mitigating or responding to the COVID-19 public health emergency. Hazard pay is a form of payroll
expense and is subject to this limitation, so Fund payments may only be used to cover hazard pay for such
individuals.
Appendix C: Coronavirus Relief Fund – Frequently Asked Questions
8
May Fund payments be used for expenditures related to the administration of Fund payments by a
State, territorial, local, or Tribal government?
Yes, if the administrative expenses represent an increase over previously budgeted amounts and are
limited to what is necessary. For example, a State may expend Fund payments on necessary
administrative expenses incurred with respect to a new grant program established to disburse amounts
received from the Fund.
May recipients use Fund payments to provide loans?
Yes, if the loans otherwise qualify as eligible expenditures under section 601(d) of the Social Security Act
as implemented by the Guidance. Any amounts repaid by the borrower before December 30, 2020, must
be either returned to Treasury upon receipt by the unit of government providing the loan or used for
another expense that qualifies as an eligible expenditure under section 601(d) of the Social Security Act.
Any amounts not repaid by the borrower until after December 30, 2020, must be returned to Treasury
upon receipt by the unit of government lending the funds.
May Fund payments be used for expenditures necessary to prepare for a future COVID-19 outbreak?
Fund payments may be used only for expenditures necessary to address the current COVID-19 public
health emergency. For example, a State may spend Fund payments to create a reserve of personal
protective equipment or develop increased intensive care unit capacity to support regions in its
jurisdiction not yet affected, but likely to be impacted by the current COVID-19 pandemic.
May funds be used to satisfy non-federal matching requirements under the Stafford Act?
Yes, payments from the Fund may be used to meet the non-federal matching requirements for Stafford
Act assistance to the extent such matching requirements entail COVID-19-related costs that otherwise
satisfy the Fund’s eligibility criteria and the Stafford Act. Regardless of the use of Fund payments for
such purposes, FEMA funding is still dependent on FEMA’s determination of eligibility under the
Stafford Act.
Must a State, local, or tribal government require applications to be submitted by businesses or
individuals before providing assistance using payments from the Fund?
Governments have discretion to determine how to tailor assistance programs they establish in response to
the COVID-19 public health emergency. However, such a program should be structured in such a manner
as will ensure that such assistance is determined to be necessary in response to the COVID-19 public
health emergency and otherwise satisfies the requirements of the CARES Act and other applicable law.
For example, a per capita payment to residents of a particular jurisdiction without an assessment of
individual need would not be an appropriate use of payments from the Fund.
May Fund payments be provided to non-profits for distribution to individuals in need of financial
assistance, such as rent relief?
Yes, non-profits may be used to distribute assistance. Regardless of how the assistance is structured, the
financial assistance provided would have to be related to COVID-19.
May recipients use Fund payments to remarket the recipient’s convention facilities and tourism
industry?
Yes, if the costs of such remarketing satisfy the requirements of the CARES Act. Expenses incurred to
publicize the resumption of activities and steps taken to ensure a safe experience may be needed due to
Appendix C: Coronavirus Relief Fund — Frequently Asked Questions
May Fund payments be used for expenditures related to the administration of Fund payments by a
State, territorial, local, or Tribal government?
Yes, if the administrative expenses represent an increase over previously budgeted amounts and are
limited to what is necessary. For example, a State may expend Fund payments on necessary
administrative expenses incurred with respect to a new grant program established to disburse amounts
received from the Fund.
May recipients use Fund payments to provide loans?
Yes, if the loans otherwise qualify as eligible expenditures under section 601(d) of the Social Security Act
as implemented by the Guidance. Any amounts repaid by the borrower before December 30, 2020, must
be either returned to Treasury upon receipt by the unit of government providing the loan or used for
another expense that qualifies as an eligible expenditure under section 601(d) of the Social Security Act.
Any amounts not repaid by the borrower until after December 30, 2020, must be returned to Treasury
upon receipt by the unit of government lending the funds.
May Fund payments be used for expenditures necessary to prepare for a future COVID-19 outbreak?
Fund payments may be used only for expenditures necessary to address the current COVID-19 public
health emergency. For example, a State may spend Fund payments to create a reserve of personal
protective equipment or develop increased intensive care unit capacity to support regions in its
jurisdiction not yet affected, but likely to be impacted by the current COVID-19 pandemic.
May funds be used to satisfy non-federal matching requirements under the Stafford Act?
Yes, payments from the Fund may be used to meet the non-federal matching requirements for Stafford
Act assistance to the extent such matching requirements entail COVID-19-related costs that otherwise
satisfy the Fund’s eligibility criteria and the Stafford Act. Regardless of the use of Fund payments for
such purposes, FEMA funding is still dependent on FEMA’s determination of eligibility under the
Stafford Act.
Must a State, local, or tribal government require applications to be submitted by businesses or
individuals before providing assistance using payments from the Fund?
Governments have discretion to determine how to tailor assistance programs they establish in response to
the COVID-19 public health emergency. However, such a program should be structured in such a manner
as will ensure that such assistance is determined to be necessary in response to the COVID-19 public
health emergency and otherwise satisfies the requirements of the CARES Act and other applicable law.
For example, a per capita payment to residents of a particular jurisdiction without an assessment of
individual need would not be an appropriate use of payments from the Fund.
May Fund payments be provided to non-profits for distribution to individuals in need of financial
assistance, such as rent relief?
Yes, non-profits may be used to distribute assistance, Regardless of how the assistance is structured, the
financial assistance provided would have to be related to COVID-19.
May recipients use Fund payments to remarket the recipient’s convention facilities and tourism
industry?
Yes, if the costs of such remarketing satisfy the requirements of the CARES Act. Expenses incurred to
publicize the resumption of activities and steps taken to ensure a safe experience may be needed due to
Appendix C: Coronavirus Relief Fund – Frequently Asked Questions
9
the public health emergency. Expenses related to developing a long-term plan to reposition a recipient’s
convention and tourism industry and infrastructure would not be incurred due to the public health
emergency and therefore may not be covered using payments from the Fund.
May a State provide assistance to farmers and meat processors to expand capacity, such to cover
overtime for USDA meat inspectors?
If a State determines that expanding meat processing capacity, including by paying overtime to USDA
meat inspectors, is a necessary expense incurred due to the public health emergency, such as if increased
capacity is necessary to allow farmers and processors to donate meat to food banks, then such expenses
are eligible expenses, provided that the expenses satisfy the other requirements set forth in section 601(d)
of the Social Security Act outlined in the Guidance.
The guidance provides that funding may be used to meet payroll expenses for public safety, public
health, health care, human services, and similar employees whose services are substantially dedicated
to mitigating or responding to the COVID-19 public health emergency. May Fund payments be used to
cover such an employee’s entire payroll cost or just the portion of time spent on mitigating or
responding to the COVID-19 public health emergency?
As a matter of administrative convenience, the entire payroll cost of an employee whose time is
substantially dedicated to mitigating or responding to the COVID-19 public health emergency is eligible,
provided that such payroll costs are incurred by December 30, 2020. An employer may also track time
spent by employees related to COVID-19 and apply Fund payments on that basis but would need to do so
consistently within the relevant agency or department.
May Fund payments be used to cover increased administrative leave costs of public employees who
could not telework in the event of a stay at home order or a case of COVID-19 in the workplace?
The statute requires that payments be used only to cover costs that were not accounted for in the budget
most recently approved as of March 27, 2020. As stated in the Guidance, a cost meets this requirement if
either (a) the cost cannot lawfully be funded using a line item, allotment, or allocation within that budget
or (b) the cost is for a substantially different use from any expected use of funds in such a line item,
allotment, or allocation.  If the cost of an employee was allocated to administrative leave to a greater
extent than was expected, the cost of such administrative leave may be covered using payments from the
Fund.
Questions Related to Administration of Fund Payments
Do governments have to return unspent funds to Treasury?
Yes. Section 601(f)(2) of the Social Security Act, as added by section 5001(a) of the CARES Act,
provides for recoupment by the Department of the Treasury of amounts received from the Fund that have
not been used in a manner consistent with section 601(d) of the Social Security Act. If a government has
not used funds it has received to cover costs that were incurred by December 30, 2020, as required by the
statute, those funds must be returned to the Department of the Treasury.
Appendix C: Coronavirus Relief Fund — Frequently Asked Questions
the public health emergency. Expenses related to developing a long-term plan to reposition a recipient’s
convention and tourism industry and infrastructure would not be incurred due to the public health
‘emergency and therefore may not be covered using payments from the Fund,
May a State provide assistance to farmers and meat processors to expand capacity, such to cover
overtime for USDA meat inspectors?
Ifa State determines that expanding meat processing capacity, including by paying overtime to USDA.
meat inspectors, is a necessary expense incurred due to the public health emergency, such as if increased
capacity is necessary to allow farmers and processors to donate meat to food banks, then such expenses
are eligible expenses, provided that the expenses satisfy the other requirements set forth in section 601(d)
of the Social Security Act outlined in the Guidance.
The guidance provides that funding may be used to meet payroll expenses for public safety, public
health, health care, human services, and similar employees whose services are substantially dedicated
to mitigating or responding to the COVID-19 public health emergency. May Fund payments be used to
cover such an employee’s entire payroll cost or just the portion of time spent on mitigating or
responding to the COVID-19 public health emergency?
Asa matter of administrative convenience, the entire payroll cost of an employee whose time is
substantially dedicated to mitigating or responding to the COVID-19 public health emergency is eligible,
provided that such payroll costs are incurred by December 30, 2020. An employer may also track time
spent by employees related to COVID-19 and apply Fund payments on that basis but would need to do so
consistently within the relevant agency or department.
May Fund payments be used to cover increased administrative leave costs of public employees who
could not telework in the event of a stay at home order or a case of COVID-19 in the workplace?
The statute requires that payments be used only to cover costs that were not accounted for in the budget
most recently approved as of March 27, 2020. As stated in the Guidance, a cost meets this requirement if
either (a) the cost cannot lawfully be funded using a line item, allotment, or allocation within that budget
or (b) the cost is for a substantially different use from any expected use of funds in such a line item,
allotment, or allocation. If the cost of an employee was allocated to administrative leave to a greater
extent than was expected, the cost of such administrative leave may be covered using payments from the
Fund.
Questions Related to Administration of Fund Payments
Do governments have to return unspent funds to Treasury?
Yes. Section 601(£)(2) of the Social Security Act, as added by section 5001(a) of the CARES Act,
provides for recoupment by the Department of the Treasury of amounts received from the Fund that have
not been used in a manner consistent with section 601(d) of the Social Security Act. If’a government has
not used funds it has received to cover costs that were incurred by December 30, 2020, as required by the
statute, those funds must be returned to the Department of the Treasury.
Appendix C: Coronavirus Relief Fund – Frequently Asked Questions
10
What records must be kept by governments receiving payment?
A government should keep records sufficient to demonstrate that the amount of Fund payments to the
government has been used in accordance with section 601(d) of the Social Security Act.
May recipients deposit Fund payments into interest bearing accounts?
Yes, provided that if recipients separately invest amounts received from the Fund, they must use the
interest earned or other proceeds of these investments only to cover expenditures incurred in accordance
with section 601(d) of the Social Security Act and the Guidance on eligible expenses. If a government
deposits Fund payments in a government’s general account, it may use those funds to meet immediate
cash management needs provided that the full amount of the payment is used to cover necessary
expenditures. Fund payments are not subject to the Cash Management Improvement Act of 1990, as
amended.
May governments retain assets purchased with payments from the Fund?
Yes, if the purchase of the asset was consistent with the limitations on the eligible use of funds provided
by section 601(d) of the Social Security Act.
What rules apply to the proceeds of disposition or sale of assets acquired using payments from the
Fund?
If such assets are disposed of prior to December 30, 2020, the proceeds would be subject to the
restrictions on the eligible use of payments from the Fund provided by section 601(d) of the Social
Security Act.
Are Fund payments to State, territorial, local, and tribal governments considered grants?
No. Fund payments made by Treasury to State, territorial, local, and Tribal governments are not
considered to be grants but are “other financial assistance” under 2 C.F.R. § 200.40.
Are Fund payments considered federal financial assistance for purposes of the Single Audit Act?
Yes, Fund payments are considered to be federal financial assistance subject to the Single Audit Act (31
U.S.C. §§ 7501-7507) and the related provisions of the Uniform Guidance, 2 C.F.R. § 200.303 regarding
internal controls, §§ 200.330 through 200.332 regarding subrecipient monitoring and management, and
subpart F regarding audit requirements.
Are Fund payments subject to other requirements of the Uniform Guidance?
Fund payments are subject to the following requirements in the Uniform Guidance (2 C.F.R. Part 200): 2
C.F.R. § 200.303 regarding internal controls, 2 C.F.R. §§ 200.330 through 200.332 regarding subrecipient
monitoring and management, and subpart F regarding audit requirements.
Is there a Catalog of Federal Domestic Assistance (CFDA) number assigned to the Fund?
Yes. The CFDA number assigned to the Fund is 21.019.
If a State transfers Fund payments to its political subdivisions, would the transferred funds count
toward the subrecipients’ total funding received from the federal government for purposes of the
Single Audit Act?
Yes.  The Fund payments to subrecipients would count toward the threshold of the Single Audit Act and 2
C.F.R. part 200, subpart F re: audit requirements.  Subrecipients are subject to a single audit or program-
Appendix C: Coronavirus Relief Fund — Frequently Asked Questions
What records must be kept by governments receiving payment?
A government should keep records sufficient to demonstrate that the amount of Fund payments to the
government has been used in accordance with section 601(d) of the Social Security Act.
May recipients deposit Fund payments into interest bearing accounts?
Yes, provided that if recipients separately invest amounts received from the Fund, they must use the
interest eamed or other proceeds of these investments only to cover expenditures incurred in accordance
with section 601(d) of the Social Security Act and the Guidance on eligible expenses. If a government
deposits Fund payments in a government’s general account, it may use those funds to meet immediate
cash management needs provided that the full amount of the payment is used to cover necessary
expenditures. Fund payments are not subject to the Cash Management Improvement Act of 1990, as
amended.
May governments retain assets purchased with payments from the Fund?
Yes, if the purchase of the asset was consistent with the limitations on the eligible use of funds provided
by section 601(d) of the Social Security Act.
What rules apply to the proceeds of disposition or sale of assets acquired using payments from the
Fund?
If such assets are disposed of prior to December 30, 2020, the proceeds would be subject to the
restrictions on the eligible use of payments from the Fund provided by section 601(d) of the Social
Security Act.
Are Fund payments to State, territorial, local, and tribal governments considered grants?
No. Fund payments made by Treasury to State, territorial, local, and Tribal governments are not
considered to be grants but are “other financial assistance” under 2 C.F.R. § 200.40.
Are Fund payments considered federal financial assistance for purposes of the Single Audit Act?
Yes, Fund payments are considered to be federal financial assistance subject to the Single Audit Act (31
U.S.C. §§ 7501-7507) and the related provisions of the Uniform Guidance, 2 C.F.R. § 200.303 regarding
internal controls, §§ 200.330 through 200.332 regarding subrecipient monitoring and management, and
subpart F regarding audit requirements,
Are Fund payments subject to other requirements of the Uniform Guidance?
Fund payments are subject to the following requirements in the Uniform Guidance (2 C.F.R. Part 200): 2
C.R. § 200,303 regarding internal controls, 2 C.F.R. §§ 200.330 through 200.332 regarding subrecipient
monitoring and management, and subpart F regarding audit requirements.
Is there a Catalog of Federal Domestic Assistance (CFDA) number assigned to the Fund?
Yes. The CFDA number assigned to the Fund is 21.019.
If a State transfers Fund payments to its political subdivisions, would the transferred funds count
toward the subrecipients’ total funding received from the federal government for purposes of the
Single Audit Act?
Yes. The Fund payments to subrecipients would count toward the threshold of the Single Audit Act and 2
CER. part 200, subpart F re: audit requirements, Subrecipients are subject to a single audit or program-
10
Appendix C: Coronavirus Relief Fund – Frequently Asked Questions
11 

specific audit pursuant to 2 C.F.R. § 200.501(a) when the subrecipients spend $750,000 or more in
federal awards during their fiscal year.
Are recipients permitted to use payments from the Fund to cover the expenses of an audit
conducted under the Single Audit Act?
Yes, such expenses would be eligible expenditures, subject to the limitations set forth in 2
C.F.R. § 200.425.
If a government has transferred funds to another entity, from which entity would the Treasury
Department seek to recoup the funds if they have not been used in a manner consistent with
section 601(d) of the Social Security Act?
The Treasury Department would seek to recoup the funds from the government that received the
payment directly from the Treasury Department. State, territorial, local, and Tribal governments
receiving funds from Treasury should ensure that funds transferred to other entities, whether pursuant to
a grant program or otherwise, are used in accordance with section 601(d) of the Social Security Act as
implemented in the Guidance.
Appendix C: Coronavirus Relief Fund — Frequently Asked Questions
specific audit pursuant to 2 C.F.R. § 200.501(a) when the subrecipients spend $750,000 or more in
federal awards during their fiscal year.
Are recipients permitted to use payments from the Fund to cover the expenses of an audit
conducted under the Single Audit Act?
s, such expenses would be eligible expenditures, subject to the limitations set forth in 2
CER. § 200.425
If a government has transferred funds to another entity, from which entity would the Treasury
Department seek to recoup the funds if they have not been used in a manner consistent with
section 601(d) of the Social Security Act?
The Treasury Department would seek to recoup the funds from the government that received the
payment directly from the Treasury Department. State, territorial, local, and Tribal governments
receiving funds from Treasury should ensure that funds transferred to other entities, whether pursuant to
‘a grant program or otherwise, are used in accordance with section 601(d) of the Social Security Act as
implemented in the Guidance.
1
Appendix D – Local Certification    1
Appendix D: Certification for Use of Coronavirus
Relief Fund
Note: Provided for reference only - download a fillable .pdf copy of this form from the Secretary
of Finance’s Website under “Recent News” at: http://finance.virginia.gov/
CERTIFICATION for RECEIPT of
CORONAVIRUS RELIEF FUND PAYMENTS
by
[INSERT NAME OF LOCAL GOVERNMENT]
We the undersigned represent [insert name of local government] (the locality), and we certify that:

we have the authority to request direct payment on behalf of the locality from the Commonwealth

of Virginia of revenues from the Coronavirus Relief Fund (CRF) pursuant to section 601(b) of the
Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic
Security Act, Pub. L. No. 116-136, div. A, Title V (Mar. 27, 2020).

we understand that the Commonwealth of Virginia will rely on this certification as a material

representation in making a direct payment to the locality.

the locality 's proposed uses of the funds received as direct payment from the Commonwealth of

Virginia under section 601(b) of the Social Security Act will be used only to cover those costs
that:
a. are necessary expenditures incurred due to the public health emergency with respect to the
Coronavirus Disease 2019 (COVID-19);
b. were not accounted for in the budget most recently approved as of March 27, 2020, for the
locality; and
c. were incurred during the period that begins on March 1, 2020, and ends on December 30,



any funds that are not expended or that will not be expended on necessary expenditures on or


before December 30, 2020, by the locality or its grantee(s), must be returned to Commonwealth
of Virginia no later than December 30, 2020, and that the Commonwealth of Virginia is entitled
to invoke state aid intercept to recover any such unexpended funds that have not been returned to
the Commonwealth within 30 days of December 30, 2020.

we understand that the locality will not receive continued funding beyond December 30, 2020,

from any source to continue paying expenses or providing services that were initiated or
previously supported from CRF funds prior to December 30, 2020.

funds received as a direct payment from the Commonwealth of Virginia pursuant to this

certification must adhere to official federal guidance issued or to be issued regarding what
constitutes a necessary expenditure.

any CRF funds expended by the locality or its grantee(s) in any manner that does not adhere to

official federal guidance shall be returned to the Commonwealth of Virginia within 30 days of a
finding that the expenditure is disallowed, and that the Commonwealth of Virginia is entitled to
http://finance.virginia.gov/
Appendix D: Certification for Use of Coronavirus
Relief Fund
Note: Provided for reference only - download a fillable .pdf copy of this form from the Secretary
of Finance’s Website under “Recent News” at: http://finance.virginia,gov/,
CERTIFICATION for RECEIPT of
CORONAVIRUS RELIEF FUND PAYMENTS
by
[INSERT NAME OF LOCAL GOVERNMENT]
We the undersigned represent [insert name of local government] (the locality), and we certify that:


we have the authority to request direct payment on behalf of the locality from the Commonwealth
of Virginia of revenues from the Coronavirus Relief Fund (CRF) pursuant to section 601(b) of the
Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic
Security Act, Pub. L. No. 116-136, div. A, Title V (Mar. 27, 2020).


we understand that the Commonwealth of Virginia will rely on this certification as a material
representation in making a direct payment to the locality.


the locality 's proposed uses of the funds received as direct payment from the Commonwealth of
Virginia under section 601(b) of the Social Security Act will be used only to cover those costs
that:


a. are necessary expenditures incurred due to the public health emergency with respect to the
Coronavirus Disease 2019 (COVID-19);
b. were not accounted for in the budget most recently approved as of March 27, 2020, for the
locality; and
cc. were incurred during the period that begins on March 1, 2020, and ends on December 30,
2020.
4, any funds that are not expended or that will not be expended on necessary expenditures on or
before December 30, 2020, by the locality or its grantee(s), must be returned to Commonwealth
of Virginia no later than December 30, 2020, and that the Commonwealth of Virginia is entitled
to invoke state aid intercept to recover any such unexpended funds that have not been returned to
the Commonwealth within 30 days of December 30, 2020.


we understand that the locality will not receive continued funding beyond December 30, 2020,
from any source to continue paying expenses or providing services that were initiated or
previously supported from CRF funds prior to December 30, 2020.


funds received as a direct payment from the Commonwealth of Virginia pursuant to this,
certification must adhere to official federal guidance issued or to be issued regarding what
constitutes a necessary expenditure,


any CRF funds expended by the locality or its grantee(s) in any manner that does not adhere to
official federal guidance shall be returned to the Commonwealth of Virginia within 30 days of a
finding that the expenditure is disallowed, and that the Commonwealth of Virginia is entitled to


Appendix D Local Certification 1
Appendix D – Local Certification    2
invoke state aid intercept to recover any and all such funds that are not repaid within 30 days of a
finding that the expenditure is disallowed.

as a condition of receiving the CRF funds pursuant to this certification, the locality shall retain

documentation of all uses of the funds, including but not limited to payroll time records, invoices,
and/or sales receipts. Such documentation shall be produced to the Commonwealth of Virginia
upon request.

the locality must maintain proper accounting records to segregate these expenditures from those

supported by other fund sources and that all such records will be subject to audit.

any funds provided pursuant to this certification cannot be used as a revenue replacement for

lower than expected revenue collections from taxes, fees, or any other revenue source.

any CRF funds received pursuant to this certification will not be used for expenditures for which

the locality has received funds from any other emergency COVID-19 supplemental funding
(whether state, federal, or private in nature) for that same expense nor may CRF funds be used for
purposes of matching other federal funds unless specifically authorized by federal statute,
regulation, or guideline.
For counties only

an equitable share of CRF funds received pursuant to this certification shall be shared with and

granted to each town within its jurisdiction. Such grant(s) shall be used solely for necessary
expenditures incurred due to the public health emergency with respect to the Coronavirus Disease
2019 (COVID-19), that were not accounted for in the budget most recently approved as of March
27, 2020, and that were incurred during the period that begins on March 1, 2020, and ends on
December 30, 2020. The county issuing the grant is responsible for the ensuring compliance with
the documentation requirements required by this certification and shall ensure that the use of the
funds meets the requirements set forth in this certification.
We certify that we have read the above certification and our statements contained herein are true and
correct to the best of our knowledge.
By:

By:

By:

Signature:

Signature:

Signature:

Title:

Title:

Title:

Date:

Date:

Date:

invoke state aid intercept to recover any and all such funds that are not repaid within 30 days of a
finding that the expenditure is disallowed.


as.a condition of receiving the CRF funds pursuant to this certification, the locality shall retain
documentation of all uses of the funds, including but not limited to payroll time records, invoices,
and/or sales receipts. Such documentation shall be produced to the Commonwealth of Virginia
upon request.


the locality must maintain proper accounting records to segregate these expenditures from those
supported by other fund sources and that all such records will be subject to audit.


any funds provided pursuant to this certification cannot be used as a revenue replacement for
lower than expected revenue collections from taxes, fees, or any other revenue source.


any CRF funds received pursuant to this certification will not be used for expenditures for which
the locality has received funds from any other emergency COVID-19 supplemental funding
(whether state, federal, or private in nature) for that same expense nor may CRF funds be used for
purposes of matching other federal funds unless specifically authorized by federal statute,
regulation, or guideline.


For counties only

an equitable share of CRF funds received pursuant to this certification shall be shared with and
granted to each town within its jurisdiction. Such grant(s) shall be used solely for necessary
expenditures incurred due to the public health emergency with respect to the Coronavirus Disease
2019 (COVID-19), that were not accounted for in the budget most recently approved as of March
27, 2020, and that were incurred during the period that begins on March 1, 2020, and ends on
December 30, 2020. The county issuing the grant is responsible for the ensuring compliance with
the documentation requirements required by this certification and shall ensure that the use of the
funds meets the requirements set forth in this certification.

We certify that we have read the above certification and our statements contained herein are true and
correct to the best of our knowledge.
By: By: By:
Signature: Signature: Signature:
Title: Title: Title:
Date: Date: Date:
Appendix D Local Certification 2
1
Coronavirus Relief Fund
Frequently Asked Questions
Updated as of July 8, 2020
The following answers to frequently asked questions supplement Treasury’s Coronavirus Relief Fund
(“Fund”) Guidance for State, Territorial, Local, and Tribal Governments, dated April 22, 2020,
(“Guidance”).1 Amounts paid from the Fund are subject to the restrictions outlined in the Guidance and
set forth in section 601(d) of the Social Security Act, as added by section 5001 of the Coronavirus Aid,
Relief, and Economic Security Act (“CARES Act”).
Eligible Expenditures
Are governments required to submit proposed expenditures to Treasury for approval?
No.  Governments are responsible for making determinations as to what expenditures are necessary due to
the public health emergency with respect to COVID-19 and do not need to submit any proposed
expenditures to Treasury.
The Guidance says that funding can be used to meet payroll expenses for public safety, public health,
health care, human services, and similar employees whose services are substantially dedicated to
mitigating or responding to the COVID-19 public health emergency.  How does a government
determine whether payroll expenses for a given employee satisfy the “substantially dedicated”
condition?
The Fund is designed to provide ready funding to address unforeseen financial needs and risks created by
the COVID-19 public health emergency.  For this reason, and as a matter of administrative convenience
in light of the emergency nature of this program, a State, territorial, local, or Tribal government may
presume that payroll costs for public health and public safety employees are payments for services
substantially dedicated to mitigating or responding to the COVID-19 public health emergency, unless the
chief executive (or equivalent) of the relevant government determines that specific circumstances indicate
otherwise.
The Guidance says that a cost was not accounted for in the most recently approved budget if the cost is
for a substantially different use from any expected use of funds in such a line item, allotment, or
allocation.  What would qualify as a “substantially different use” for purposes of the Fund eligibility?
Costs incurred for a “substantially different use” include, but are not necessarily limited to, costs of
personnel and services that were budgeted for in the most recently approved budget but which, due
entirely to the COVID-19 public health emergency, have been diverted to substantially different
functions.  This would include, for example, the costs of redeploying corrections facility staff to enable
compliance with COVID-19 public health precautions through work such as enhanced sanitation or
enforcing social distancing measures; the costs of redeploying police to support management and
enforcement of stay-at-home orders; or the costs of diverting educational support staff or faculty to
develop online learning capabilities, such as through providing information technology support that is not
part of the staff or faculty’s ordinary responsibilities.
Note that a public function does not become a “substantially different use” merely because it is provided
from a different location or through a different manner.  For example, although developing online
instruction capabilities may be a substantially different use of funds, online instruction itself is not a
substantially different use of public funds than classroom instruction.
1 The Guidance is available at https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-
State-Territorial-Local-and-Tribal-Governments.pdf.
https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local-and-Tribal-Governments.pdf
https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local-and-Tribal-Governments.pdf
Lonzo Lester
Highlight
Lonzo Lester
Highlight
The following answers to frequently asked questions supplement Treasury’s Coronavirus Relief Fund
(“Fund”) Guidance for State, Territorial, Local, and Tribal Governments, dated April 22, 2020,
(“Guidance”).’ Amounts paid from the Fund are subject to the restrictions outlined in the Guidance and
set forth in section 601(d) of the Social Security Act, as added by section 5001 of the Coronavirus Aid,
Relief, and Economic Security Act (“CARES Act”).
Are governments required to submit proposed expenditures to Treasury for approval?
No. Governments are responsible for making determinations as to what expenditures are necessary due to
the public health emergency with respect to COVID-19 and do not need to submit any proposed
expenditures to Treasury.
The Guidance says that funding can be used to meet payroll expenses for public safety, public health,
health care, human services, and similar employees whose services are substantially dedicated to
‘mitigating or responding to the COVID-19 public health emergency. How does a government
determine whether payroll expenses for a given employee satisfy the “substantially dedicated”
condition?
‘The Fund is designed to provide ready funding to address unforeseen financial needs and risks created by
the COVID-19 public health emergency. For this reason, and as a matter of administrative convenience
in light of the emergency nature of this program, a State, territorial, local, or Tribal government may
presume that payroll costs for public health and public safety employees are payments for services
substantially dedicated to mitigating or responding to the COVID-19 public health emergency, unless the
chief executive (or equivalent) of the relevant government determines that specific circumstances indicate
otherwise.
The Guidance says that a cost was not accounted for in the most recently approved budget if the cost is
‘for a substantially different use from any expected use of funds in such a line item, allotment, or
allocation, What would qualify as a “substantially different use” for purposes of the Fund eligibility?
Costs incurred for a “substantially different use” include, but are not necessarily limited to, costs of
personnel and services that were budgeted for in the most recently approved budget but which, due
entirely to the COVID-19 public health emergency, have been diverted to substantially different
functions. This would include, for example, the costs of redeploying corrections facility staff to enable
compliance with COVID-19 public health precautions through work such as enhanced sanitation or
enforcing social distancing measures; the costs of redeploying police to support management and
enforcement of stay-at-home orders; or the costs of diverting educational support staff or faculty to
develop online learning capabilities, such as through providing information technology support that is not
part of the staff or faculty’s ordinary responsibilities.
Note that a public function does not become a “substantially different use” merely because it is provided
from a different location or through a different manner, For example, although developing online
nstruction capabilities may be a substantially different use of funds, online instruction itself is not a
substantially different use of public funds than classroom instruction.
" The Guidance is available at https://home. treasury,gov/system/files!136/Coronavirus-Relief-Fund-Guidance-for-
State-Territorial-Local-and-Tribal-Governments.pdf.
2
May a State receiving a payment transfer funds to a local government?
Yes, provided that the transfer qualifies as a necessary expenditure incurred due to the public health
emergency and meets the other criteria of section 601(d) of the Social Security Act.  Such funds would be
subject to recoupment by the Treasury Department if they have not been used in a manner consistent with
section 601(d) of the Social Security Act.
May a unit of local government receiving a Fund payment transfer funds to another unit of
government?
Yes.  For example, a county may transfer funds to a city, town, or school district within the county and a
county or city may transfer funds to its State, provided that the transfer qualifies as a necessary
expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of
the Social Security Act outlined in the Guidance.  For example, a transfer from a county to a constituent
city would not be permissible if the funds were intended to be used simply to fill shortfalls in government
revenue to cover expenditures that would not otherwise qualify as an eligible expenditure.
Is a Fund payment recipient required to transfer funds to a smaller, constituent unit of government
within its borders?
No.  For example, a county recipient is not required to transfer funds to smaller cities within the county’s
borders.
Are recipients required to use other federal funds or seek reimbursement under other federal programs
before using Fund payments to satisfy eligible expenses?
No.  Recipients may use Fund payments for any expenses eligible under section 601(d) of the Social
Security Act outlined in the Guidance.  Fund payments are not required to be used as the source of
funding of last resort.  However, as noted below, recipients may not use payments from the Fund to cover
expenditures for which they will receive reimbursement.
Are there prohibitions on combining a transaction supported with Fund payments with other CARES
Act funding or COVID-19 relief Federal funding?
Recipients will need to consider the applicable restrictions and limitations of such other sources of
funding.  In addition, expenses that have been or will be reimbursed under any federal program, such as
the reimbursement by the federal government pursuant to the CARES Act of contributions by States to
State unemployment funds, are not eligible uses of Fund payments.
Are States permitted to use Fund payments to support state unemployment insurance funds generally?
To the extent that the costs incurred by a state unemployment insurance fund are incurred due to the
COVID-19 public health emergency, a State may use Fund payments to make payments to its respective
state unemployment insurance fund, separate and apart from such State’s obligation to the unemployment
insurance fund as an employer.  This will permit States to use Fund payments to prevent expenses related
to the public health emergency from causing their state unemployment insurance funds to become
insolvent.
May a State receiving a payment transfer funds to a local government?
Yes, provided that the transfer qualifies as a necessary expenditure incurred due to the public health
‘emergency and meets the other criteria of section 601(d) of the Social Security Act. Such funds would be
subject to recoupment by the Treasury Department if they have not been used in a manner consistent with
section 601(d) of the Social Security Act.
May a unit of local government receiving a Fund payment transfer funds to another unit of
government?
Yes. For example, a county may transfer funds to a city, town, or school district within the county and a
county or city may transfer funds to its State, provided that the transfer qualifies as a necessary
expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of
the Social Security Act outlined in the Guidance. For example, a transfer from a county to a constituent
city would not be permissible if the funds were intended to be used simply to fill shortfalls in government
revenue to cover expenditures that would not otherwise qualify as an eligible expenditure.
Is a Fund payment recipient required to transfer funds to a smaller, constituent unit of government
within its borders?
No. For example, a county recipient is not required to transfer funds to smaller cities within the county’s
borders.
Are recipients required to use other federal funds or seek reimbursement under other federal programs
before using Fund payments to satisfy eligible expenses?
No. Recipients may use Fund payments for any expenses eligible under section 601(4) of the Social
Security Act outlined in the Guidance. Fund payments are not required to be used as the source of
funding of last resort. However, as noted below, recipients may not use payments from the Fund to cover
expenditures for which they will receive reimbursement.
Are there prohibitions on combining a transaction supported with Fund payments with other CARES
Aet funding or COVID-19 relief Federal funding?
Recipients will need to consider the applicable restrictions and limitations of such other sources of
funding. In addition, expenses that have been or will be reimbursed under any federal program, such as
the reimbursement by the federal government pursuant to the CARES Act of contributions by States to
State unemployment funds, are not eligible uses of Fund payments.
Are States permitted to use Fund payments to support state unemployment insurance funds generally?
To the extent that the costs incurred by a state unemployment insurance fund are incurred due to the
COVID-19 public health emergency, a State may use Fund payments to make payments to its respective
state unemployment insurance fund, separate and apart from such State’s obligation to the unemployment
insurance fund as an employer. This will permit States to use Fund payments to prevent expenses related
to the public health emergency from causing their state unemployment insurance funds to become
insolvent.
3
Are recipients permitted to use Fund payments to pay for unemployment insurance costs incurred by
the recipient as an employer?
Yes, Fund payments may be used for unemployment insurance costs incurred by the recipient as an
employer (for example, as a reimbursing employer) related to the COVID-19 public health emergency if
such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise.
The Guidance states that the Fund may support a “broad range of uses” including payroll expenses for
several classes of employees whose services are “substantially dedicated to mitigating or responding to
the COVID-19 public health emergency.”  What are some examples of types of covered employees?
The Guidance provides examples of broad classes of employees whose payroll expenses would be eligible
expenses under the Fund.  These classes of employees include public safety, public health, health care,
human services, and similar employees whose services are substantially dedicated to mitigating or
responding to the COVID-19 public health emergency.  Payroll and benefit costs associated with public
employees who could have been furloughed or otherwise laid off but who were instead repurposed to
perform previously unbudgeted functions substantially dedicated to mitigating or responding to the
COVID-19 public health emergency are also covered.  Other eligible expenditures include payroll and
benefit costs of educational support staff or faculty responsible for developing online learning capabilities
necessary to continue educational instruction in response to COVID-19-related school closures.  Please
see the Guidance for a discussion of what is meant by an expense that was not accounted for in the budget
most recently approved as of March 27, 2020.
In some cases, first responders and critical health care workers that contract COVID-19 are eligible
for workers’ compensation coverage.  Is the cost of this expanded workers compensation coverage
eligible?
Increased workers compensation cost to the government due to the COVID-19 public health emergency
incurred during the period beginning March 1, 2020, and ending December 30, 2020, is an eligible
expense.
If a recipient would have decommissioned equipment or not renewed a lease on particular office space
or equipment but decides to continue to use the equipment or to renew the lease in order to respond to
the public health emergency, are the costs associated with continuing to operate the equipment or the
ongoing lease payments eligible expenses?
Yes.  To the extent the expenses were previously unbudgeted and are otherwise consistent with section
601(d) of the Social Security Act outlined in the Guidance, such expenses would be eligible.
May recipients provide stipends to employees for eligible expenses (for example, a stipend to employees
to improve telework capabilities) rather than require employees to incur the eligible cost and submit for
reimbursement?
Expenditures paid for with payments from the Fund must be limited to those that are necessary due to the
public health emergency.  As such, unless the government were to determine that providing assistance in
the form of a stipend is an administrative necessity, the government should provide such assistance on a
reimbursement basis to ensure as much as possible that funds are used to cover only eligible expenses.
Are recipients permitted to use Fund payments to pay for unemployment insurance costs incurred by
the recipient as an employer?
Yes, Fund payments may be used for unemployment insurance costs incurred by the recipient as an
‘employer (for example, as a reimbursing employer) related to the COVID-19 public health emergency if
such costs will not be reimbursed by the federal government pursuant to the CARES Act or othei
The Guidance states that the Fund may support a “broad range of uses” including payroll expenses for
several classes of employees whose services are “substantially dedicated to mitigating or responding to
the COVID-19 public health emergency.” What are some examples of types of covered employee
‘The Guidance provides examples of broad classes of employees whose payroll expenses would be eligible
expenses under the Fund. These classes of employees include public safety, public health, health care,
human services, and similar employees whose services are substantially dedicated to mitigating or
responding to the COVID-19 public health emergency. Payroll and benefit costs associated with public
‘employees who could have been furloughed or otherwise laid off but who were instead repurposed to
perform previously unbudgeted functions substantially dedicated to mitigating or responding to the
‘COVID-19 public health emergency are also covered. Other eligible expenditures include payroll and
benefit costs of educational support staff or faculty responsible for developing online learning capabilities
necessary to continue educational instruction in response to COVID-19-related school closures. Please
see the Guidance for a discussion of what is meant by an expense that was not accounted for in the budget
most recently approved as of March 27, 2020.
In some cases, first responders and critical health care workers that contract COVID-19 are eligible
for workers’ compensation coverage. Is the cost of this expanded workers compensation coverage
eligible?
Increased workers compensation cost to the government due to the COVID-19 public health emergency
incurred during the period beginning March 1, 2020, and ending December 30, 2020, is an eligible
expense,
If a recipient would have decommissioned equipment or not renewed a lease on particular office space
or equipment but decides t0 continue to use the equipment or to renew the lease in order to respond to
the public health emergency, are the costs associated with continuing to operate the equipment or the
ongoing lease payments eligible expenses:
Yes. To the extent the expenses were previously unbudgeted and are otherwise consistent with section
601(d) of the Social Security Act outlined in the Guidance, such expenses would be eligible,
May recipients provide stipends to employees for eligible expenses (for example, a stipend to employees
to improve telework capabilities) rather than require employees to incur the eligible cost and submit for
reimbursement?
Expenditures paid for with payments from the Fund must be limited to those that are necessary due to the
public health emergency. As such, unless the government were to determine that providing assistance in
the form of a stipend is an administrative necessity, the government should provide such assistance on a
reimbursement basis to ensure as much as possible that funds are used to cover only eligible expenses.
4
May Fund payments be used for COVID-19 public health emergency recovery planning?
Yes.  Expenses associated with conducting a recovery planning project or operating a recovery
coordination office would be eligible, if the expenses otherwise meet the criteria set forth in section
601(d) of the Social Security Act outlined in the Guidance.
Are expenses associated with contact tracing eligible?
Yes, expenses associated with contract tracing are eligible.
To what extent may a government use Fund payments to support the operations of private hospitals?
Governments may use Fund payments to support public or private hospitals to the extent that the costs are
necessary expenditures incurred due to the COVID-19 public health emergency, but the form such
assistance would take may differ.  In particular, financial assistance to private hospitals could take the
form of a grant or a short-term loan.
May payments from the Fund be used to assist individuals with enrolling in a government benefit
program for those who have been laid off due to COVID-19 and thereby lost health insurance?
Yes.  To the extent that the relevant government official determines that these expenses are necessary and
they meet the other requirements set forth in section 601(d) of the Social Security Act outlined in the
Guidance, these expenses are eligible.
May recipients use Fund payments to facilitate livestock depopulation incurred by producers due to
supply chain disruptions?
Yes, to the extent these efforts are deemed necessary for public health reasons or as a form of economic
support as a result of the COVID-19 health emergency.
Would providing a consumer grant program to prevent eviction and assist in preventing homelessness
be considered an eligible expense?
Yes, assuming that the recipient considers the grants to be a necessary expense incurred due to the
COVID-19 public health emergency and the grants meet the other requirements for the use of Fund
payments under section 601(d) of the Social Security Act outlined in the Guidance.  As a general matter,
providing assistance to recipients to enable them to meet property tax requirements would not be an
eligible use of funds, but exceptions may be made in the case of assistance designed to prevent
foreclosures.
May recipients create a “payroll support program” for public employees?
Use of payments from the Fund to cover payroll or benefits expenses of public employees are limited to
those employees whose work duties are substantially dedicated to mitigating or responding to the
COVID-19 public health emergency.
May recipients use Fund payments to cover employment and training programs for employees that
have been furloughed due to the public health emergency?
Yes, this would be an eligible expense if the government determined that the costs of such employment
and training programs would be necessary due to the public health emergency.
May Fund payments be used for COVID-19 public health emergency recovery planning?
Yes. Expenses associated with conducting a recovery planning project or operating a recovery
coordination office would be eligible, if the expenses otherwise meet the criteria set forth in section
601(d) of the Social Security Act outlined in the Guidance.
Are expenses associated with contact tracing eligible?
Yes, expenses associated with contract tracing are eligible.
To what extent may a government use Fund payments to support the operations of private hospitals?
Governments may use Fund payments to support public or private hospitals to the extent that the costs are
necessary expenditures incurred due to the COVID-19 public health emergency, but the form such
assistance would take may differ. In particular, financial assistance to private hospitals could take the
form of a grant or a short-term loan,
May payments from the Fund be used to assist individuals with enrolling in a government benefit
program for those who have been laid off due to COVID-19 and thereby lost health insurance?
Yes. To the extent that the relevant government official determines that these expenses are necessary and
they meet the other requirements set forth in section 601(d) of the Social Security Act outlined in the
Guidance, these expenses are eligible.
May recipients use Fund payments to facilitate livestock depopulation incurred by producers due to
supply chain disruptions?
Yes, to the extent these efforts are deemed necessary for public health reasons or as a form of economic
support as a result of the COVID-19 health emergency.
Would providing a consumer grant program to prevent eviction and assis
be considered an eligible expense?
in preventing homelessness
Yes, assuming that the recipient considers the grants to be a necessary expense incurred due to the
COVID-19 public health emergency and the grants meet the other requirements for the use of Fund
payments under section 601(d) of the Social Security Act outlined in the Guidance. As a general matter,
providing assistance to recipients to enable them to meet property tax requirements would not be an
cligible use of funds, but exceptions may be made in the case of assistance designed to prevent
foreclosures.
May recipients create a “payroll support program” for public employees?
Use of payments from the Fund to cover payroll or benefits expenses of public employees are limited to
those employees whose work duties are substantially dedicated to mitigating or responding to the
COVID-19 public health emergency.
May recipients use Fund payments to cover employment and training programs for employees that
have been furloughed due to the public health emergency?
Yes, this would be an eligible expense if the government determined that the costs of such employment
and training programs would be necessary due to the public health emergency.
5
May recipients use Fund payments to provide emergency financial assistance to individuals and
families directly impacted by a loss of income due to the COVID-19 public health emergency?
Yes, if a government determines such assistance to be a necessary expenditure.  Such assistance could
include, for example, a program to assist individuals with payment of overdue rent or mortgage payments
to avoid eviction or foreclosure or unforeseen financial costs for funerals and other emergency individual
needs.  Such assistance should be structured in a manner to ensure as much as possible, within the realm
of what is administratively feasible, that such assistance is necessary.
The Guidance provides that eligible expenditures may include expenditures related to the provision of
grants to small businesses to reimburse the costs of business interruption caused by required closures.
What is meant by a “small business,” and is the Guidance intended to refer only to expenditures to
cover administrative expenses of such a grant program?
Governments have discretion to determine what payments are necessary.  A program that is aimed at
assisting small businesses with the costs of business interruption caused by required closures should be
tailored to assist those businesses in need of such assistance.  The amount of a grant to a small business to
reimburse the costs of business interruption caused by required closures would also be an eligible
expenditure under section 601(d) of the Social Security Act, as outlined in the Guidance.
The Guidance provides that expenses associated with the provision of economic support in connection
with the public health emergency, such as expenditures related to the provision of grants to small
businesses to reimburse the costs of business interruption caused by required closures, would
constitute eligible expenditures of Fund payments.  Would such expenditures be eligible in the absence
of a stay-at-home order?
Fund payments may be used for economic support in the absence of a stay-at-home order if such
expenditures are determined by the government to be necessary.  This may include, for example, a grant
program to benefit small businesses that close voluntarily to promote social distancing measures or that
are affected by decreased customer demand as a result of the COVID-19 public health emergency.
May Fund payments be used to assist impacted property owners with the payment of their property
taxes?
Fund payments may not be used for government revenue replacement, including the provision of
assistance to meet tax obligations.
May Fund payments be used to replace foregone utility fees?  If not, can Fund payments be used as a
direct subsidy payment to all utility account holders?
Fund payments may not be used for government revenue replacement, including the replacement of
unpaid utility fees.  Fund payments may be used for subsidy payments to electricity account holders to the
extent that the subsidy payments are deemed by the recipient to be necessary expenditures incurred due to
the COVID-19 public health emergency and meet the other criteria of section 601(d) of the Social
Security Act outlined in the Guidance.  For example, if determined to be a necessary expenditure, a
government could provide grants to individuals facing economic hardship to allow them to pay their
utility fees and thereby continue to receive essential services.
May recipients use Fund payments to provide emergency financial assistance to individuals and
families directly impacted by a loss of income due to the COVID-19 public health emergency?
Yes, if’a government determines such assistance to be a necessary expenditure. Such assistance could
include, for example, a program to assist individuals with payment of overdue rent or mortgage payments
to avoid eviction or foreclosure or unforeseen financial costs for funerals and other emergency individual
needs. Such assistance should be structured in a manner to ensure as much as possible, within the realm
of what is administratively feasible, that such assistance is necessary.
The Guidance provides that eligible expenditures may include expenditures related to the provision of
grants to small businesses to reimburse the costs of business interruption caused by required closures.
What is meant by a “small business,” and is the Guidance intended to refer only to expenditures to
cover administrative expenses of such a grant program?
Governments have diseretion to determine what payments are necessary. A program that is aimed at
assisting small businesses with the costs of business interruption caused by required closures should be
tailored to assist those businesses in need of such assistance. The amount of a grant to a small business to
reimburse the costs of business interruption caused by required closures would also be an eligible
expenditure under section 601(d) of the Social Security Act, as outlined in the Guidance.
The Guidance provides that expenses associated with the provision of economic support in connection
with the public health emergency, such as expenditures related to the provision of grants to small
businesses to reimburse the costs of business interruption caused by required closures, would
constitute eligible expenditures of Fund payments. Would such expenditures be eligible in the absence
of a stay-at-home order?
Fund payments may be used for economic support in the absence of a stay-at-home order if such
expenditures are determined by the government to be necessary. This may include, for example, a grant
program to benefit small businesses that close voluntarily to promote social distancing measures or that
are affected by decreased customer demand as a result of the COVID-19 public health emergency.
May Fund payments be used to assist impacted property owners with the payment of their property
taxes?
Fund payments may not be used for government revenue replacement,
assistance to meet tax obligations
including the provision of
May Fund payments be used to replace foregone utility fees? If not, can Fund payments be used as a
direct subsidy payment to all utility account holders?
Fund payments may not be used for government revenue replacement, including the replacement of
yy fees. Fund payments may be used for subsidy payments to electricity account holders to the
extent that the subsidy payments are deemed by the recipient to be necessary expenditures incurred due to
the COVID-19 public health emergency and meet the other criteria of section 601(d) of the Social
Security Act outlined in the Guidance. For example, if determined to be a necessary expenditure, a
‘government could provide grants to individuals facing economic hardship to allow them to pay their
utility fees and thereby continue to receive essential services.
6
Could Fund payments be used for capital improvement projects that broadly provide potential
economic development in a community?
In general, no.  If capital improvement projects are not necessary expenditures incurred due to the
COVID-19 public health emergency, then Fund payments may not be used for such projects.
However, Fund payments may be used for the expenses of, for example, establishing temporary public
medical facilities and other measures to increase COVID-19 treatment capacity or improve mitigation
measures, including related construction costs.
The Guidance includes workforce bonuses as an example of ineligible expenses but provides that
hazard pay would be eligible if otherwise determined to be a necessary expense.  Is there a specific
definition of “hazard pay”?
Hazard pay means additional pay for performing hazardous duty or work involving physical hardship, in
each case that is related to COVID-19.
The Guidance provides that ineligible expenditures include “[p]ayroll or benefits expenses for
employees whose work duties are not substantially dedicated to mitigating or responding to the
COVID-19 public health emergency.”  Is this intended to relate only to public employees?
Yes.  This particular nonexclusive example of an ineligible expenditure relates to public employees.  A
recipient would not be permitted to pay for payroll or benefit expenses of private employees and any
financial assistance (such as grants or short-term loans) to private employers are not subject to the
restriction that the private employers’ employees must be substantially dedicated to mitigating or
responding to the COVID-19 public health emergency.
May counties pre-pay with CARES Act funds for expenses such as a one or two-year facility lease,
such as to house staff hired in response to COVID-19?
A government should not make prepayments on contracts using payments from the Fund to the extent that
doing so would not be consistent with its ordinary course policies and procedures.
Must a stay-at-home order or other public health mandate be in effect in order for a government to
provide assistance to small businesses using payments from the Fund?
No. The Guidance provides, as an example of an eligible use of payments from the Fund, expenditures
related to the provision of grants to small businesses to reimburse the costs of business interruption
caused by required closures.  Such assistance may be provided using amounts received from the Fund in
the absence of a requirement to close businesses if the relevant government determines that such
expenditures are necessary in response to the public health emergency.
Could Fund payments be used for capital improvement projects that broadly provide potential
economic development in a community?
In general, no. If capital improvement projects are not necessary expenditures incurred due to the
COVID-19 public health emergency, then Fund payments may not be used for such projects.
However, Fund payments may be used for the expenses of, for example, establishing temporary public
medical facilities and other measures to increase COVID-19 treatment capacity or improve mitigation
measures, including related construction costs.
The Guidance includes workforce bonuses as an example of ineligible expenses but provides that
hazard pay would be eligible if otherwise determined to be a necessary expense. Is there a specific
definition of “hazard pay”?
Hazard pay means additional pay for performing hazardous duty or work involving physical hardship, in
each case that is related to COVID-19.
The Guidance provides that ineligible expenditures include “[pJayroll or benefits expenses for
employees whose work duties are not substantially dedicated to mitigating or responding to the
COVID-19 public health emergency.” Is this intended to relate only to public employees?
Yes. This particular nonexclusive example of an ineligible expenditure relates to public employees. A
recipient would not be permitted to pay for payroll or benefit expenses of private employees and any
financial assistance (such as grants or short-term loans) to private employers are not subject to the
restriction that the private employers’ employees must be substantially dedicated to mitigating or
responding to the COVID-19 public health emergency.
May counties pre-pay with CARES Act funds for expenses such as a one or two-year facility lease,
such as to house staff hired in response to COVID-19?
A government should not make prepayments on contracts using payments from the Fund to the extent that
doing so would not be consistent with its ordinary course policies and procedures.
Must a stay-at-home order or other public health mandate be in effect in order for a government to
provide assistance to small businesses using payments from the Fund?
No. The Guidance provides, as an example of an eligible use of payments from the Fund, expenditures
related to the provision of grants to small businesses to reimburse the costs of business interruption
caused by required closures. Such assistance may be provided using amounts received from the Fund in
the absence of a requirement to close businesses if the relevant government determines that such
expenditures are necessary in response to the public health emergency.
7
Should States receiving a payment transfer funds to local governments that did not receive payments
directly from Treasury?
Yes, provided that the transferred funds are used by the local government for eligible expenditures under
the statute.  To facilitate prompt distribution of Title V funds, the CARES Act authorized Treasury to
make direct payments to local governments with populations in excess of 500,000, in amounts equal to
45% of the local government’s per capita share of the statewide allocation.  This statutory structure was
based on a recognition that it is more administratively feasible to rely on States, rather than the federal
government, to manage the transfer of funds to smaller local governments.  Consistent with the needs of
all local governments for funding to address the public health emergency, States should transfer funds to
local governments with populations of 500,000 or less, using as a benchmark the per capita allocation
formula that governs payments to larger local governments.  This approach will ensure equitable
treatment among local governments of all sizes.
For example, a State received the minimum $1.25 billion allocation and had one county with a population
over 500,000 that received $250 million directly.  The State should distribute 45 percent of the $1 billion
it received, or $450 million, to local governments within the State with a population of 500,000 or less.
May a State impose restrictions on transfers of funds to local governments?
Yes, to the extent that the restrictions facilitate the State’s compliance with the requirements set forth in
section 601(d) of the Social Security Act outlined in the Guidance and other applicable requirements such
as the Single Audit Act, discussed below.  Other restrictions are not permissible.
If a recipient must issue tax anticipation notes (TANs) to make up for tax due date deferrals or revenue
shortfalls, are the expenses associated with the issuance eligible uses of Fund payments?
If a government determines that the issuance of TANs is necessary due to the COVID-19 public health
emergency, the government may expend payments from the Fund on the interest expense payable on
TANs by the borrower and unbudgeted administrative and transactional costs, such as necessary
payments to advisors and underwriters, associated with the issuance of the TANs.
May recipients use Fund payments to expand rural broadband capacity to assist with distance learning
and telework?
Such expenditures would only be permissible if they are necessary for the public health emergency.  The
cost of projects that would not be expected to increase capacity to a significant extent until the need for
distance learning and telework have passed due to this public health emergency would not be necessary
due to the public health emergency and thus would not be eligible uses of Fund payments.
Are costs associated with increased solid waste capacity an eligible use of payments from the Fund?
Yes, costs to address increase in solid waste as a result of the public health emergency, such as relates to
the disposal of used personal protective equipment, would be an eligible expenditure.
May payments from the Fund be used to cover across-the-board hazard pay for employees working
during a state of emergency?
No.  The Guidance says that funding may be used to meet payroll expenses for public safety, public
health, health care, human services, and similar employees whose services are substantially dedicated to
mitigating or responding to the COVID-19 public health emergency.  Hazard pay is a form of payroll
expense and is subject to this limitation, so Fund payments may only be used to cover hazard pay for such
individuals.
Lonzo Lester
Highlight
Should States receiving a payment transfer funds to local governments that did not receive payments
directly from Treasury?
Yes, provided that the transferred funds are used by the local government for eligible expenditures under
the statute. To facilitate prompt distribution of Title V funds, the CARES Act authorized Treasury to
make direct payments to local governments with populations in excess of 500,000, in amounts equal to
45% of the local government’s per capita share of the statewide allocation. This statutory structure was
based on a recognition that it is more administratively feasible to rely on States, rather than the federal
government, to manage the transfer of funds to smaller local governments, Consistent with the needs of
all local governments for funding to address the public health emergency, States should transfer funds to
local governments with populations of 500,000 or less, using as a benchmark the per capita allocation
formula that governs payments to larger local governments. This approach will ensure equitable
treatment among local governments of all sizes.
For example, a State received the minimum $1.25 billion allocation and had one county with a population
over 500,000 that received $250 million directly. ‘The State should distribute 45 percent of the $1 billion
it received, or $450 million, to local governments within the State with a population of 500,000 or less.
May a State impose restrictions on transfers of funds to local governments?
Yes, to the extent that the restrictions facilitate the State’s compliance with the requirements set forth in
section 601(d) of the Social Security Act outlined in the Guidance and other applicable requirements su
as the Single Audit Act, discussed below. Other restrictions are not permissible.
Ifa recipient must issue tax anticipation notes (TANs) to make up for tax due date deferrals or revenue
shortfalls, are the expenses associated with the issuance eligible uses of Fund payments?
Ifa government determines that the issuance of TANS is necessary due to the COVID-19 public health
‘emergency, the government may expend payments from the Fund on the interest expense payable on
TANs by the borrower and unbudgeted administrative and transactional costs, such as necessary
payments to advisors and underwriters, associated with the issuance of the TANs.
May recipients use Fund payments to expand rural broadband capacity to assist with distance learning
and telework?
Such expenditures would only be permissible if they are necessary for the public health emergency. The
cost of projects that would not be expected to increase capacity to a significant extent until the need for
distance learning and telework have passed due to this public health emergency would not be necessary
due to the public health emergency and thus would not be eligible uses of Fund payments.
Are costs associated with increased solid waste capacity an eligible use of payments from the Fund?
Yes, costs to address increase in solid waste as a result of the public health emergency, such as relates to
the disposal of used personal protective equipment, would be an eligible expenditure.
8
May Fund payments be used for expenditures related to the administration of Fund payments by a
State, territorial, local, or Tribal government?
Yes, if the administrative expenses represent an increase over previously budgeted amounts and are
limited to what is necessary.  For example, a State may expend Fund payments on necessary
administrative expenses incurred with respect to a new grant program established to disburse amounts
received from the Fund.
May recipients use Fund payments to provide loans?
Yes, if the loans otherwise qualify as eligible expenditures under section 601(d) of the Social Security Act
as implemented by the Guidance.  Any amounts repaid by the borrower before December 30, 2020, must
be either returned to Treasury upon receipt by the unit of government providing the loan or used for
another expense that qualifies as an eligible expenditure under section 601(d) of the Social Security Act.
Any amounts not repaid by the borrower until after December 30, 2020, must be returned to Treasury
upon receipt by the unit of government lending the funds.
May Fund payments be used for expenditures necessary to prepare for a future COVID-19 outbreak?
Fund payments may be used only for expenditures necessary to address the current COVID-19 public
health emergency.  For example, a State may spend Fund payments to create a reserve of personal
protective equipment or develop increased intensive care unit capacity to support regions in its
jurisdiction not yet affected, but likely to be impacted by the current COVID-19 pandemic.
May funds be used to satisfy non-federal matching requirements under the Stafford Act?
Yes, payments from the Fund may be used to meet the non-federal matching requirements for Stafford
Act assistance to the extent such matching requirements entail COVID-19-related costs that otherwise
satisfy the Fund’s eligibility criteria and the Stafford Act.  Regardless of the use of Fund payments for
such purposes, FEMA funding is still dependent on FEMA’s determination of eligibility under the
Stafford Act.
Must a State, local, or tribal government require applications to be submitted by businesses or
individuals before providing assistance using payments from the Fund?
Governments have discretion to determine how to tailor assistance programs they establish in response to
the COVID-19 public health emergency.  However, such a program should be structured in such a manner
as will ensure that such assistance is determined to be necessary in response to the COVID-19 public
health emergency and otherwise satisfies the requirements of the CARES Act and other applicable law.
For example, a per capita payment to residents of a particular jurisdiction without an assessment of
individual need would not be an appropriate use of payments from the Fund.
May Fund payments be provided to non-profits for distribution to individuals in need of financial
assistance, such as rent relief?
Yes, non-profits may be used to distribute assistance.  Regardless of how the assistance is structured, the
financial assistance provided would have to be related to COVID-19.
May recipients use Fund payments to remarket the recipient’s convention facilities and tourism
industry?
Yes, if the costs of such remarketing satisfy the requirements of the CARES Act.  Expenses incurred to
publicize the resumption of activities and steps taken to ensure a safe experience may be needed due to
May Fund payments be used for expenditures related to the administration of Fund payments by a
State, territorial, local, or Tribal government?
Yes, if the administrative expenses represent an increase over previously budgeted amounts and are
limited to what is necessary. For example, a State may expend Fund payments on necessary
administrative expenses incurred with respect to a new grant program established to disburse amounts
received from the Fund.
May recipients use Fund payments to provide loans?
Yes, if the loans otherwise qualify as eligible expenditures under section 601(d) of the Social Security Act
as implemented by the Guidance. Any amounts repaid by the borrower before December 30, 2020, must
be either returned to Treasury upon receipt by the unit of government providing the loan or used for
another expense that qualifies as an eligible expenditure under section 601(d) of the Social Security Act.
Any amounts not repaid by the borrower until after December 30, 2020, must be returned to Treasury
upon receipt by the unit of government lending the funds.
May Fund payments be used for expenditures necessary to prepare for a future COVID-19 outbreak?
Fund payments may be used only for expenditures necessary to address the current COVID-19 public
health emergency. For example, a State may spend Fund payments to create a reserve of personal
protective equipment or develop increased intensive care unit capacity to support regions in its
jurisdiction not yet affected, but likely to be impacted by the current COVID-19 pandemic.
May funds be used to satisfy non-federal matching requirements under the Stafford Act?
Yes, payments from the Fund may be used to meet the non-federal matching requirements for Stafford
Act assistance to the extent such matching requirements entail COVID-19-related costs that otherwise
satisfy the Funds eligibility criteria and the Stafford Act. Regardless of the use of Fund payments for
such purposes, FEMA funding is still dependent on FEMA’s determination of eligibility under the
Stafford Act.
Must a State, local, or tribal government require applications to be submitted by businesses or
individuals before providing assistance using payments from the Fund?
Governments have discretion to determine how to tailor assistance programs they establish in response to
the COVID-19 public health emergency. However, such a program should be structured in such a manner
as will ensure that such assistance is determined to be necessary in response to the COVID-19 public.
health emergency and otherwise satisfies the requirements of the CARES Act and other applicable law.
For example, a per capita payment to residents of a particular jurisdiction without an assessment of
individual need would not be an appropriate use of payments from the Fund.
May Fund payments be provided to non-profits for distribution to individuals in need of financial
assistance, such as rent relief?
Yes, non-profits may be used to distribute assistance. Regardless of how the assistance is structured, the
financial assistance provided would have to be related to COVID-19,
May recipients use Fund payments to remarket the recipient’s convention facilities and tourism
industry?
Yes, if the costs of such remarketing satisfy the requirements of the CARES Act. Expenses incurred to
publicize the resumption of activities and steps taken to ensure a safe experience may be needed due to
8
9
the public health emergency.  Expenses related to developing a long-term plan to reposition a recipient’s
convention and tourism industry and infrastructure would not be incurred due to the public health
emergency and therefore may not be covered using payments from the Fund.
May a State provide assistance to farmers and meat processors to expand capacity, such to cover
overtime for USDA meat inspectors?
If a State determines that expanding meat processing capacity, including by paying overtime to USDA
meat inspectors, is a necessary expense incurred due to the public health emergency, such as if increased
capacity is necessary to allow farmers and processors to donate meat to food banks, then such expenses
are eligible expenses, provided that the expenses satisfy the other requirements set forth in section 601(d)
of the Social Security Act outlined in the Guidance.
The guidance provides that funding may be used to meet payroll expenses for public safety, public
health, health care, human services, and similar employees whose services are substantially dedicated
to mitigating or responding to the COVID-19 public health emergency.  May Fund payments be used to
cover such an employee’s entire payroll cost or just the portion of time spent on mitigating or
responding to the COVID-19 public health emergency?
As a matter of administrative convenience, the entire payroll cost of an employee whose time is
substantially dedicated to mitigating or responding to the COVID-19 public health emergency is eligible,
provided that such payroll costs are incurred by December 30, 2020.  An employer may also track time
spent by employees related to COVID-19 and apply Fund payments on that basis but would need to do so
consistently within the relevant agency or department.
May Fund payments be used to cover increased administrative leave costs of public employees
who could not telework in the event of a stay at home order or a case of COVID-19 in the
workplace?
The statute requires that payments be used only to cover costs that were not accounted for in the
budget most recently approved as of March 27, 2020.  As stated in the Guidance, a cost meets
this requirement if either (a) the cost cannot lawfully be funded using a line item, allotment, or
allocation within that budget or (b) the cost is for a substantially different use from any expected
use of funds in such a line item, allotment, or allocation.  If the cost of an employee was
allocated to administrative leave to a greater extent than was expected, the cost of such
administrative leave may be covered using payments from the Fund.
Questions Related to Administration of Fund Payments
Do governments have to return unspent funds to Treasury?
Yes. Section 601(f)(2) of the Social Security Act, as added by section 5001(a) of the CARES Act,
provides for recoupment by the Department of the Treasury of amounts received from the Fund that have
not been used in a manner consistent with section 601(d) of the Social Security Act. If a government has
not used funds it has received to cover costs that were incurred by December 30, 2020, as required by the
statute, those funds must be returned to the Department of the Treasury.
What records must be kept by governments receiving payment?
the public health emergency. Expenses related to developing a long-term plan to reposition a recipient’s
convention and tourism industry and infrastructure would not be incurred due to the public health
‘emergency and therefore may not be covered using payments from the Fund.
May a State provide assistance to farmers and meat processors to expand capacity, such to cover
overtime for USDA meat inspectors?
Ifa State determines that expanding meat processing capacity, including by paying overtime to USDA
meat inspectors, is a necessary expense incurred due to the public health emergency, such as if increased
capacity is necessary to allow farmers and processors to donate meat to food banks, then such expenses
are eligible expenses, provided that the expenses satisfy the other requirements set forth in section 601 (d)
of the Social Security Act outlined in the Guidance.
The guidance provides that funding may be used to meet payroll expenses for public safety, public
health, health care, human services, and similar employees whose services are substantially dedicated
to mitigating or responding to the COVID-19 public health emergency. May Fund payments be used to
cover such an employee’s entire payroll cost or just the portion of time spent on mitigating or
responding to the COVID-19 public health emergency?
As a matter of administrative convenience, the entire payroll cost of an employee whose time
substantially dedicated to mitigating or responding to the COVID-19 public health emergency is eligible,
provided that such payroll costs are incurred by December 30, 2020. An employer may also track time
spent by employees related to COVID-19 and apply Fund payments on that basis but would need to do so
consistently within the relevant agency or department.
May Fund payments be used to cover increased administrative leave costs of public employees
who could not telework in the event of a stay at home order or a case of COVID-19 in the
workplace?
The statute requires that payments be used only to cover costs that were not accounted for in the
budget most recently approved as of March 27, 2020. As stated in the Guidance, a cost meets
this requirement if either (a) the cost cannot lawfully be funded using a line item, allotment, or
allocation within that budget or (b) the cost is for a substantially different use from any expected
use of funds in such a line item, allotment, or allocation. If the cost of an employee was
allocated to administrative leave to a greater extent than was expected, the cost of such
administrative leave may be covered using payments from the Fund.
Questions Related to Administration of Fund Payments
Do governments have to return unspent funds to Treasury?
Yes. Section 601(1)(2) of the Social Security Act, as added by section 5001(a) of the CARES Act,
provides for recoupment by the Department of the Treasury of amounts received from the Fund that have
not been used in a manner consistent with section 601(d) of the Social Security Act. If’a government has
not used funds it has received to cover costs that were incurred by December 30, 2020, as required by the
statute, those funds must be returned to the Department of the Treasury.
What records must be kept by governments receiving payment?
10
A government should keep records sufficient to demonstrate that the amount of Fund payments to the
government has been used in accordance with section 601(d) of the Social Security Act.
May recipients deposit Fund payments into interest bearing accounts?
Yes, provided that if recipients separately invest amounts received from the Fund, they must use the
interest earned or other proceeds of these investments only to cover expenditures incurred in accordance
with section 601(d) of the Social Security Act and the Guidance on eligible expenses.  If a government
deposits Fund payments in a government’s general account, it may use those funds to meet immediate
cash management needs provided that the full amount of the payment is used to cover necessary
expenditures.  Fund payments are not subject to the Cash Management Improvement Act of 1990, as
amended.
May governments retain assets purchased with payments from the Fund?
Yes, if the purchase of the asset was consistent with the limitations on the eligible use of funds provided
by section 601(d) of the Social Security Act.
What rules apply to the proceeds of disposition or sale of assets acquired using payments from the
Fund?
If such assets are disposed of prior to December 30, 2020, the proceeds would be subject to the
restrictions on the eligible use of payments from the Fund provided by section 601(d) of the Social
Security Act.
Are Fund payments to State, territorial, local, and tribal governments considered grants?
No.  Fund payments made by Treasury to State, territorial, local, and Tribal governments are not
considered to be grants but are “other financial assistance” under 2 C.F.R. § 200.40.
Are Fund payments considered federal financial assistance for purposes of the Single Audit Act?
Yes, Fund payments are considered to be federal financial assistance subject to the Single Audit Act (31
U.S.C. §§ 7501-7507) and the related provisions of the Uniform Guidance, 2 C.F.R. § 200.303 regarding
internal controls, §§ 200.330 through 200.332 regarding subrecipient monitoring and management, and
subpart F regarding audit requirements.
Are Fund payments subject to other requirements of the Uniform Guidance?
Fund payments are subject to the following requirements in the Uniform Guidance (2 C.F.R. Part 200): 2
C.F.R. § 200.303 regarding internal controls, 2 C.F.R. §§ 200.330 through 200.332 regarding subrecipient
monitoring and management, and subpart F regarding audit requirements.
Is there a Catalog of Federal Domestic Assistance (CFDA) number assigned to the Fund?
Yes. The CFDA number assigned to the Fund is 21.019.
If a State transfers Fund payments to its political subdivisions, would the transferred funds count
toward the subrecipients’ total funding received from the federal government for purposes of the
Single Audit Act?
Yes.  The Fund payments to subrecipients would count toward the threshold of the Single Audit Act and 2
C.F.R. part 200, subpart F re: audit requirements.  Subrecipients are subject to a single audit or program-
A government should keep records sufficient to demonstrate that the amount of Fund payments to the
government has been used in accordance with section 601(d) of the Social Security Act.
May recipients deposit Fund payments into interest bearing accounts?
Yes, provided that if recipients separately invest amounts received from the Fund, they must use the
interest earned or other proceeds of these investments only to cover expenditures incurred in accordance
with section 601(d) of the Social Security Act and the Guidance on eligible expenses. Ifa government
deposits Fund payments in a government’s general account, it may use those funds to meet immediate
cash management needs provided that the full amount of the payment is used to cover necessary
expenditures. Fund payments are not subject to the Cash Management Improvement Act of 1990, as
amended.
May governments retain assets purchased with payments from the Fund?
Yes, if the purchase of the asset was consistent with the limitations on the eligible use of funds provided
by section 601(d) of the Social Security Act
What rules apply to the proceeds of disposition or sale of assets acquired using payments from the
Fund?
If such assets are disposed of prior to December 30, 2020, the proceeds would be subject to the
restrictions on the eligible use of payments from the Fund provided by section 601(d) of the Social
Security Act.
Are Fund payments to State, territorial, local, and tribal governments considered grants?
No. Fund payments made by Treasury to State, territorial, local, and Tribal governments are not
considered to be grants but are “other financial assistance” under 2 C.F.R. § 200.40.
Are Fund payments considered federal financial assistance for purposes of the Single Audit Act?
Yes, Fund payments are considered to be federal financial assistance subject to the Single Audit Act (31
U.S.C. §§ 7501-7507) and the related provisions of the Uniform Guidance, 2 C.F.R. § 200.303 regarding
internal controls, §§ 200.330 through 200.332 regarding subrecipient monitoring and management, and
subpart F regarding audit requirements.
Are Fund payments subject to other requirements of the Uniform Guidance?
Fund payments are subject to the following requirements in the Uniform Guidance (2 C.F.R. Part 200): 2
CER. § 200.303 regarding internal controls, 2 C.F.R. §§ 200.330 through 200.332 regarding subrecipient
monitoring and management, and subpart F regarding audit requirements.
Is there a Catalog of Federal Domestic Assistance (CFDA) number assigned to the Fund?
Yes. The CFDA number assigned to the Fund is 21.019.
If a State transfers Fund payments to its political subdivisions, would the transferred funds count
toward the subrecipients’ total funding received from the federal government for purposes of the
Single Audit Act?
Yes. The Fund payments to subrecipients would count toward the threshold of the Single Audit Act and 2
CER. part 200, subpart F re: audit requirements, Subrecipients are subject to a single audit or program-
11
specific audit pursuant to 2 C.F.R. § 200.501(a) when the subrecipients spend $750,000 or more in federal
awards during their fiscal year.
Are recipients permitted to use payments from the Fund to cover the expenses of an audit conducted
under the Single Audit Act?
Yes, such expenses would be eligible expenditures, subject to the limitations set forth in 2 C.F.R. §
200.425.
If a government has transferred funds to another entity, from which entity would the Treasury
Department seek to recoup the funds if they have not been used in a manner consistent with section
601(d) of the Social Security Act?
The Treasury Department would seek to recoup the funds from the government that received the payment
directly from the Treasury Department.  State, territorial, local, and Tribal governments receiving funds
from Treasury should ensure that funds transferred to other entities, whether pursuant to a grant program
or otherwise, are used in accordance with section 601(d) of the Social Security Act as implemented in the
Guidance.
specific audit pursuant to 2 C.F.R. § 200.501 (a) when the subrecipients spend $750,000 or more in federal
awards during their fiscal year.
Are recipients permitted to use payments from the Fund to cover the expenses of an audit conducted
under the Single Audit Act?
Yes, such expenses would be eligible expenditures, subject to the limitations set forth in 2 CER. §
200.425.
If a government has transferred funds to another entity, from which entity would the Treasury
Department seek to recoup the funds if they have not been used in a manner consistent with section
601(d) of the Social Security Act?
The Treasury Department would seek to recoup the funds from the government that received the payment
directly from the Treasury Department. State, territorial, local, and Tribal governments receiving funds
from Treasury should ensure that funds transferred to other entities, whether pursuant to a grant program
or otherwise, are used in accordance with section 601(d) of the Social Security Act as implemented in the
CERTIFICATION for RECEIPT of
CORONAVIRUS RELIEF FUND PAYMENTS
by
COUNTY OF RUSSELL VIRGINIA
We the undersigned represent COUNTY OF RUSSELL VIRGINIA
(the locality), and we certify that:


we have the authority to request direct payment on behalf of the locality from the
Commonwealth of Virginia of revenues from the Coronavirus Relief Fund (CRF) pursuant to
section 601(b) of the Social Security Act, as added by section 5001 of the Coronavirus Aid,
Relief, and Economic Security Act, Pub. L. No. 116-136, div. A, Title V (Mar. 27, 2020).


we understand that the Commonwealth of Virginia will rely on this certification as a material
representation in making a direct payment to the locality.


the locality 's proposed uses of the funds received as direct payment from the Commonwealth
of Virginia,under section 601(b) of the Social Security Act will be used only to cover those
costs that:


a, are necessary expenditures incurred due to the public health emergency with respect
to the Coronavirus Disease 2019 (COVID-19);
b, were not accounted for in the budget most recently approved as of March 27, 2020,
for the locality; and
c. were incurred during the period that begins on March 1, 2020, and ends on December
30, 2020.


any funds that are not expended or that will not be expended on necessary expenditures on or
before December 30, 2020, by the locality or its grantee(s), must be returned to
Commonwealth of Virginia no later than December 30, 2020, and that the Commonwealth of
Virginia is entitled to invoke state aid intercept to recover any such unexpended funds that
have not been returned to the Commonwealth within 30 days of December 30, 2020.


we understand that the locality will not receive continued funding beyond December 30,
2020, from any source to continue paying expenses or providing services that were initiated
or previously supported from CRF funds prior to December 30, 2020.


funds received as a direct payment from the Commonwealth of Virginia pursuant to this,
certification must adhere to official federal guidance issued or to be issued regarding what
constitutes a necessary expenditure.


any CRF funds expended by the locality or its grantee(s) in any manner that does not adhere
to official federal guidance shall be returned to the Commonwealth of Virginia within 30
days of a finding that the expenditure is disallowed, and that the Commonwealth of Virginia
is entitled to invoke state aid intercept to recover any and all such funds that are not repaid
within 30 days of a finding that the expenditure is disallowed.


asa condition of receiving the CRF funds pursuant to this certification, the locality shall
retain documentation of all uses of the funds, including but not limited to payroll time
records, invoices, and/or sales receipts. Such documentation shall be produced to the
Commonwealth of Virginia upon request.


the locality must maintain proper accounting records to segregate these expenditures from
those supported by other fund sources and that all such records will be subject to audit,


10, any funds provided pursuant to this certification cannot be used as a revenue replacement for
lower than expected revenue collections from taxes, fees, or any other revenue source.
11, any CRF funds received pursuant to this certification will not be used for expenditures for
which the locality has received funds from any other emergency COVID-19 supplemental
funding (whether state, federal, or private in nature) for that same expense nor may CRF
funds be used for purposes of matching other federal funds unless specifically authorized by
federal statute, regulation, or guideline,
12, an equitable share of CRF funds received pursuant to this certification shall be shared with
and granted to each town within its jurisdiction, Such grant(s) shall be used solely for
necessary expenditures incurred due to the public health emergency with respect to the
Coronavirus Disease 2019 (COVID-19), that were not accounted for in the budget most
recently approved as of March 27, 2020, and that were incurred during the period that begins
on March 1, 2020, and ends on December 30, 2020. The county issuing the grant is
responsible for the ensuring compliance with the documentation requirements required by
this certification and shall ensure that the use of the funds meets the requirements set forth in
this certification.
We certify that we have read the above certification and our statements contained herein are true
and correct to the best of our knowledge.
By: By: By:
Enter Local Official Name
Enter Local Official Name
Enter Local Official Name
Signature:
Signature:
Signature:
Title:
Enter Local Official Title
Title:
Enter Local Official Title
Title:
Enter Local Official Title
Date:
Date:
Date:
RUSSELL COUNTY

“CARES” FUND ACCOUNT
MARCH 1, 2020 - DECMEMBER 31, 2020

Compiled:  July 20, 2020
RUSSELL COUNTY “CARES” RELIEF FUND TOTAL:  $2,319,526
Town’s CARES Fund (Transferred to Towns)

Town of Lebanon $266,514
Town of Honaker $120,847
Town of Cleveland $17,615
Town of Saint Paul $15,077
Town’s CARES Fund Totals $420,053
County Operational Expenses

Medical and Protective Supplies (masks, hand sanitizer stations & refills, and gloves, etc.) $29,774
Payroll for Public Personnel (Public personnel dedicatedto Covid-19 responses - EMS, Sheriffs Office, 911 Staff, County Staff,
Disposal Staff, Janitorial Staff, etc.) $532,482
Voter Registrar’s Office (processing absentee ballots) $0
Health & Human Services $0
COVID-related Expenditures $0
Operational Expenses Totals $562,256
Public Facility Safety Modifications

Cleaning Supplies & Services  (Hiring part-time staff; sanitizing meeting rooms, courts, and government facilities) $31,258
New Medical/Emergency Response  Equipment $0
Decontamination Equipment $0
Safety Modifications to Public Buildings (Touchless Entry Systems, Plexiglass Screening, Air Filters, etc.) $6,086
Public Facility Safety Modifications Totals $37,344
Business Support & Recovery

Small Business Grant Program $0
PPE Kits for Businesses $0
Creation of Safe Public Spaces $0
Business Support & Recovery Totals $0
RUSSELL COUNTY
“CARES” FUND ACCOUNT
MARCH 1, 2020 - DECMEMBER 31, 2020
Compiled: July 20, 2020
IRUSSELL COUNTY “CARES” RELIEF FUND TOTAL: $2,319,526
[Town’s CARES Fund (Transferred to Towns)
Frown of Lebanon $266,514
Lown of Honaker $120,847
HTown of Cleveland $17,615
HTown of Saint Paul $15,077
Town’s CARES Fund Totals $420,053
[County Operational Expenses
[Medical and Protective Supplies (masks, hand sanitizer stations & refills, and gloves, etc.) $29,774
Payroll for Public Personnel (Public personnel dedicatedto Covid-19 responses - EMS, Sheriffs Office, 911 Staff, County Staff,
Disposal Staff, Janitorial Staff, etc.) $532,482
Voter Registrar’s Office (processing absentee ballots) $0
Health & Human Services $0
CoviD-related Expenditures $0
Operational Expenses Totals $562,256
Public Facility Safety Modifications
[Cleaning Supplies & Services (Hiring part-time staff; sanitizing meeting rooms, courts, and government facilities) $31,258
New Medical/Emergency Response Equipment $0
Decontamination Equipment $0
Safety Modifications to Public Buildings (Touchless Entry Systems, Plexiglass Screening, Air Filters, etc.) $6,086
Public Facility Safety Modifications Totals $37,344
Business Support & Recovery
[Small Business Grant Program $0
PPE Kits for Businesses $o
Creation of Safe Public Spaces $0
Business Support & Recovery Totals
$0
Community Assistance Programs

Nonprofit Support  & Community Partnerships $0
Housing/ Homelessness $0
Volunteer Fire and Rescue $45,000
Community Assistance Programs Totals $45,000
School System Response & Adaptation School Board Managed
Technology & Telework

Telework Equipment (remote meeting equipment, laptops, etc.) $31,316
Upgrade Financial Software (online bill paying) $0
WIFI Upgrade $0
Techology & Telwork Totals $31,316
Other Covid-19 Related Expenses

Local match on COVID expenditures $0
Regional Jail Expenses $0
Legal  Expenses $0
Secure a Line of Credit $0
Other Covid-19 Related Expenses Totals $0
Broadband Projects

Extend Hot Spots $4,256
Broadband Projects Totals $4,256
CARES Funds as Grant Match

Plan to use CARES Funds to Leverage other Grant Programs $0
CARES Funds as Grant Match Totals $0
CARES Fund Account
Total CARES Expenditures To-Date (7/20/2020) $1,100,225
CARES Fund Balance:  (7/20/2020) $1,219,301
Nonprofit Support & Community Partnerships
Housing/ Homelessness
Volunteer Fire and Rescue
Community Assistance Programs Totals
Telework Equipment (remote meeting equipment, laptops, etc.)
Upgrade Financial Software (online bill paying)
WIFI Upgrade
Techology & Telwork Totals
Local match on COVID expenditures
Regional Jail Expenses
Legal Expenses
Secure a Line of Credit
Other Covid-19 Related Expenses Totals
Extend Hot Spots
Broadband Projects Totals
Plan to use CARES Funds to Leverage other Grant Programs
CARES Funds as Grant Match Totals
Total CARES Expenditures To-Date (7/20/2020)
$0
$0
$45,000
$45,000
$31,316
$0
$0
$31,316
$0
$0
$0
$0
$0
$4,256
$4,256
$0
$0
$1,100,225
ICARES Fund Balance: (7/20/2020)
$1,219,301
Russell County Virginia
“The Heart of Southwest Virginia”
Oris Christian   Carl Rhea
At-Large  District 3
Tim Lovelace  Rebecca Dye, Chairperson David Eaton
District 1 District 6 District 4
Lou Ann Wallace Steve Breeding, Vice-Chairman Lonzo Lester
District 2 District 5 County Administrator
Russell County Government Center
137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011
www.russellcountyva.us
Resolution of Support
Virginia Smart Scale Project
Applications for the

County of Russell, Virginia
WHEREAS, a comprehensive, cooperative, and continuing planning process is to be
carried out in Russell County Virginia; and
WHEREAS, Virginia Smart Scale established a prioritization and scoring process to
evaluate projects for funding and project selection by the Commonwealth
Transportation Board; and
WHEREAS, Applications for the Virginia Smart Scale process are due August 17,

2020; and
WHEREAS, Counties are eligible to submit projects on Corridors of Statewide
Significance with a resolution of support from the Russell County Board of
Supervisors; and
NOW, THEREFORE, BE IT RESOLVED by the Russell County Board of Supervisors as
follows:
That the U.S. Route 19 EB Super Elevation Improvements Project in the
County of Russell, Virginia, is fully supported and endorsed by the
Russell County Board of Supervisors for the Smart Scale application
and funding process.
BE IT FURTHER RESOLVED that a Resolution of Support for Virginia Smart Scale
Project Applications for the County of Russell, Virginia is hereby approved.
RESOLVED this 3rd day of August 2020, by the following vote:
Recorded Vote:
Moved By:        _______________
Seconded By:  _______________                              _____________________
Yeas:  _____      Rebecca Dye, Chairperson
Nays:  _____       County of Russell Virginia
Lonzo Lester
Highlight
Russell County Virginia
“The Heart of Southwest Vi ia”
ris Christian Carl Rhea
At-Large District 3
Tim Lovelace Rebecca Dye, Chairperson David Eaton
District 4 District 6 District 4
Lou Ann Wallace Steve Breeding, Vice-Chairman Lonzo Lester
District 2 District 5 Gounty Administrator
WHEREAS, a comprehensive, cooperative, and continuing planning process isto be
carried out in Russell County Virginia; and
WHEREAS, Virginia Smart Scale established a prioritization and scoring process to
evaluate projects for funding and project selection by the Commonwealth
Transportation Board; and
WHEREAS, Applications for the Virginia Smart Scale process are due August 17,
2020; and
WHEREAS, Counties are eligible to submit projects on Corridors of Statewide
Significance with a resolution of support from the Russell County Board of
Supervisors; and
NOW, THEREFORE, BE IT RESOLVED by the Russell County Board of Supervisors as
follows:
That the U.S. Route 19 EB Super Elevation Improvements Project inthe
County of Russell, Virginia, is fully supported and endorsed by the
Russell County Board of Supervisors for the Smart Scale application
and funding process.
BE IT FURTHER RESOLVED that a Resolution of Support for Virginia Smart Scale
Project Applications for the County of Russell, Virginia is hereby approved.
RESOLVED this 3“ day of August 2020, by the following vote:
Recorded Vote:
Moved By:
Seconded B}
Yeas: ____ Rebecca Dye, Chairperson
Nays: County of Russell Virginia
Russell County Government Center
137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011
www.russellcountyva.us
Project :
UPC:
Date:
Estimator:
For Recent Bid History Click Link
FOR USE IN PRE-SCOPING AND SCOPING CONSTRUCTION ESTIMATES
ITEM Unit Quantity Unit Price Amount
MOBILIZATION LS 1 $113,136 $113,136
CONSTRUCTION SURVEYING LS 1 $25,000 $25,000
CLEARING AND GRUBBING ACRE 2 $20,000 $39,669
REGULAR EXCAVATION CY 32444 $17 $551,556
BORROW EXCAVATION CY 0 $15 $0
UNSUITABLE MAT’l. (paid as Regular Excav.) CY 1185 $17 $20,148
BACKFILL STONE (NO. 1) FOR UNSUITABLE MATL. AREAS TONS 2400 $20 $48,000
DRY RIPRAP TONS 0 $40 $0
Sub-Total $659,373
Grading Items Contingency - $98,906
CONCRETE BOX CULVERT LF 0 $2,500 $0
PIPES UNDER 36" LF 300 $125 $37,500
PIPES OVER 36" LF 0 $250 $0
END WALLS FOR PIPES OVER 36" EA 0 $300 $0
DROP INLETS EA 1 $1,000 $1,000
CURB AND GUTTER LF 0 $35 $0
Sub-Total $38,500
Drainage Items Contingency - $1,925
SURFACE COURSE TONS 548 $110 $60,231
INTERMEDIATE COURSE TONS 859 $100 $85,867
BASE COURSE TONS 1717 $90 $154,560
SUBBASE COURSE TONS 4049 $20 $80,984
No.1 STONE TONS 2880 $25 $72,000
DEMOLITON OF PAVEMENT SY 0 $10 $0
PLANNING 0"- 2" FOR OVERLAY SECTION SY 0 $2 $0
Sub-Total $453,642
Pavement Items Contingency - $22,682
RETAINING WALLS (CONC.) CY 0 $400 $0
RURAL PRIVATE ENTRANCE EA 4 $2,000 $8,000
URBAN PRIVATE ENTRANCE EA 0 $5,000 $0
COMMERCIAL ENTRANCE EA 0 $10,000 $0
Sub-Total $8,000
Incidental Items Contingency - $400
MAINTENANCE OF TRAFFIC (LUMP SUM) LS 1 $300,000 $300,000
FIELD OFFICE MO 0 $2,000 $0
SIDEWALK SY 0 $90 $0
Sub-Total $300,000
Protective Items Contingency - $15,000
19 Superelevation Russell Co
XXXXX
7/29/20
Name
(This is not intended to be a detailed pay item breakdown. It is intended to be tool that assists users in
preparing early estimates prior to having developed plans. TRNSPRT should be utilized by the PFI stage.)
GRADING ITEMS
DRAINAGE ITEMS
PAVEMENT ITEMS
INCIDENTAL ITEMS
PROTECTIVE ITEMS
Page 2 of 33
http://stauntonapps/main/bridge/inside_vdot/bidtab_query2.asp?ht=undefined&ref=http://stauntonapps/main/bridge/inside_vdot/items.asp
Project :
upc:
Date:
Estimator:
For Recent Bid History Click Link
19 Superelevation Russell Co
XXXXX
7/29/20
Name
FOR USE IN PRE-SCOPING AND SCOPING CONSTRUCTION ESTIMATES.
|(This is not intended to be a detailed pay item breakdown. It is intended to be tool that assists users in
preparing early estimates prior to having developed plans. TRNSPRT should be utili
xd by the PFI stage.)
ITEM, Unit =“ Unit Price ‘Amount
MOBILIZATION ts i $113,136
ICONSTRUCTION SURVEYING, ts $25,000
GRADING ITEMS
CLEARING AND GRUBBING ‘ACRE $20,000 $39,669
REGULAR EXCAVATION. cY ‘S17 $551,556
[BORROW EXCAVATION. cY ‘S15 $0.
UNSUITABLE MAT. (paid as Regular Exeav.) cY ‘S17 $20,148
BACKFILL STONE (NO. 1) FOR UNSUITABLE MATL. AREAS | TONS: $20 $48,000
DRY RIPRAP TONS, $40 $0.
[Sub-Total $659,373,
[Grading Items Contingency $98,906
DRAINAGE ITEMS
CONCRETE BOX CULVERT oF $2,500 30.
PIPES UNDER 36" uF ‘$125 $37,500
PIPES OVER 36" uF ‘$250 $0.
END WALLS FOR PIPES OVER 36" EA $300 $0.
DROP INLETS, EA $1,000 $7,000
CURB AND GUTTER. uF $35 $0.
[Sub-Total $38,500
Drainage Items Contingency, $1,925
PAVEMENT ITEMS
SURFACE COURSE TONS, $110 $60,231
INTERMEDIATE COURSE TONS, ‘$100 $85,867
BASE COURSE TONS, $90 $154,560
ISUBBASE COURSE TONS, $20 $80,984
No.1 STONE, TONS: $25 $72,000
DEMOLITON OF PAVEMENT SY $10 $0
PLANNING 0"- 2" FOR OVERLAY SECTION SY $2. $0.
[Sub-Total $453,642
Pavement Items Contingency $22,682
INCIDENTAL ITEMS,
RETAINING WALLS (CONC,) cY ‘$400 30.
RURAL PRIVATE ENTRANCE, EA $2,000 $8,000
JURBAN PRIVATE ENTRANCE EA $5,000 $0.
[COMMERCIAL ENTRANCE EA $10,000 $0.
[Sub-Total $8,000
incidental Items Contingency $400
PROTECTIVE ITEMS
MAINTENANCE OF TRAFFIC (LUMP SUM) Ls
FIELD OFFICE MO $0
SIDEWALK SY $0
[Sub-Total $300,000
Protective items Contingency = $15,000
Page 2 of 33
STORM WATER MANAGEMENT FACILITY EA - - $150,000
SEEDING LB 1200 $15 $18,000
TEMP. SILT FENCE LF 3200 $4 $12,800
CHECK DAMS TY. I OR II EA 32 $500 $16,000
Sub-Total $196,800
E&S Control Items Contingency - $9,840
BELOW GROUND UTILITIES (LUMP SUM $$$$) LF 0 $75 $0
Sub-Total $0
Right of Way Contingency (XX%) - $0
PERMANENT SIGNAL (LUMP SUM) EA 0 $300,000 $0
PAVEMENT MARKINGS (IF APPLICABLE) LF 6400 $1 $6,400
GUARDRAIL LF 0 $25 $0
GUARDRAIL END TREATMENT EA 0 $2,500 $0
GR-FOA’S IF BRIDGE IS ON PROJECT EA 0 $2,000 $0
Sub-Total $6,400
Traffic Items Contingency - $320
NS BRIDGE SF 0 $400 $0
DEMOLITION OF EXISTING BRIDGE LS 0 $18 $0
Sub-Total $0
Bridge Items Contingency - $0
Stream Mitigation LF 0 $700 $0
Wetland Mitigation Acre 0 $75,000 $0
Alignment 1 LS $0 $0
Alignment 2 LS $0 $0
Alignment 3 LS $0 $0
Alignment 4 LS $0 $0
Alignment 5 LS $0 $0
Alignment 6 LS $0 $0
$0 $0
$0 $0
$0 $0
$0 $0
Contingency Total $149,073
$113,136
$25,000
$1,662,715
Total $1,949,924
CEI OF AT LEAST 12% AS A LUMP SUM ITEM LS 1 20.00% $389,985
PROJECT CONTINGENCY 5% $83,136
GRAND TOTAL $2,430,000
Summary Notes
Contingency % can be adjusted based on your comfort level with item quantity
Unit prices can be adjusted.  Use current unit prices as a guide
CEI % can be adjusted
Add any additional items that are important to the estimate in Misc. Section
All items in “green” are locked
PE or RW cost is not included in this estimate
Cells with RED tabs include comments for clarifications
UTILITIES
EROSION CONTROL
Sub-Total
CEI & CONTIGENCY
Tier I
TRAFFIC AND SAFETY
BRIDGE
STREAM/WETLAND MITIGATION THAT IS INCLUDED IN CONSTRUCTION
MISCELLANEOUS ITEMS NOT IN SPREADSHEET CAN BE ADDED HERE
Mobilization
Construction Survey
Page 3 of 33
EROSION CONTROL
[STORM WATER MANAGEMENT FACILITY EA
ISEEDING cy S15 $18,000
TEMP. SILT FENCE. LF $4 $12,800
[CHECK DAMS TY. 1 ORT EA $500 $16,000
[Sub-Total $196,800
IE&S Control items Contingency = $9,840
UTILITIES
BELOW GROUND UTILITIES (LUMP SUM $$$) LF [ony 875 $0
[Sub-Total $0
Right of Way Contingency (XX%) = $0
TRAFFIC AND SAFETY
PERMANENT SIGNAL (LUMP SUM) EA $300,000 30
PAVEMENT MARKINGS (IF APPLICABLE) LF 31 36.400
[GUARDRAIL LF $25 0
[GUARDRAIL END TREATMENT EA $2,500 $0
IGR-FOA’S IF BRIDGE IS ON PROJECT EA $2,000 $0
[Sub-Total $6,400
raffic Items Contingency = $320
BRIDGE
INS BRIDGE SF ‘$400 30
DEMOLITION OF EXISTING BRIDGE ts S18 $0
[Sub-Total $0
Bridge Items Contingency = $0
‘STREAMIWETLAND MITIGATION THAT IS INCLUDED IN CONSTRUCTIOI
[Siream Mitigation LF ‘$700 30
[Wetland Mitigation ‘Acre ‘$75,000 $0
MISCELLANEOUS ITEMS NOT IN SPREADSHEET CAN BE ADDED HE!
‘Alignment 1 ts $0 30
‘Alignment 2 ts $0 $0
‘Alignment 3 ts $0 $0
‘Alignment 4 ts $0 $0
‘Alignment 5 ts $0 $0
Alignment 6 ts $0 $0
$0 $0
$0 $0
$0 $0
$0 $0
CEI & CONTIGENCY
ICEIOF AT LEAST 12% AS A LUMP SUM ITEM a a $389,985
PROJECT CONTINGENCY Tier 3% $83,136
GRAND TOTAL, $2,430,000
‘Summary Notes
Contingency % can be adjusted based on your comfort level with item quantity
Unit prices can be adjusted. Use current unit prices as a guide
CEI % can be adjusted
‘Add any additional items that are important to the estimate in Misc. Section
All items in “green” are locked
PE or RW cost is not included in this estimate
Cells with RED tabs include comments for clarifications
Page 3 of 33
Project :
UPC:
Date:
Estimator:
For Recent Bid History Click Link
FOR USE IN PRE-SCOPING AND SCOPING CONSTRUCTION ESTIMATES
ITEM Unit Quantity Unit Price Amount
MOBILIZATION LS 1 $113,136 $113,136
CONSTRUCTION SURVEYING LS 1 $25,000 $25,000
CLEARING AND GRUBBING ACRE 2 $20,000 $39,669
REGULAR EXCAVATION CY 32444 $17 $551,556
BORROW EXCAVATION CY 0 $15 $0
UNSUITABLE MAT’l. (paid as Regular Excav.) CY 1185 $17 $20,148
BACKFILL STONE (NO. 1) FOR UNSUITABLE MATL. AREAS TONS 2400 $20 $48,000
DRY RIPRAP TONS 0 $40 $0
Sub-Total $659,373
Grading Items Contingency (XX%) 15.00% $98,906
CONCRETE BOX CULVERT LF 0 $2,500 $0
PIPES UNDER 36" LF 300 $125 $37,500
PIPES OVER 36" LF 0 $250 $0
END WALLS FOR PIPES OVER 36" EA 0 $300 $0
DROP INLETS EA 1 $1,000 $1,000
CURB AND GUTTER LF 0 $35 $0
Sub-Total $38,500
Drainage Items Contingency (XX%) 5.00% $1,925
SURFACE COURSE TONS 548 $110 $60,231
INTERMEDIATE COURSE TONS 859 $100 $85,867
BASE COURSE TONS 1717 $90 $154,560
SUBBASE COURSE TONS 4049 $20 $80,984
No.1 STONE TONS 2880 $25 $72,000
DEMOLITON OF PAVEMENT SY 0 $10 $0
PLANNING 0"- 2" FOR OVERLAY SECTION SY 0 $2 $0
Sub-Total $453,642
Pavement Items Contingency (XX%) 5.00% $22,682
RETAINING WALLS (CONC.) CY 0 $400 $0
RURAL PRIVATE ENTRANCE EA 4 $2,000 $8,000
URBAN PRIVATE ENTRANCE EA 0 $5,000 $0
COMMERCIAL ENTRANCE EA 0 $10,000 $0
Sub-Total $8,000
Incidental Items Contingency (XX%) 5.00% $400
MAINTENANCE OF TRAFFIC (LUMP SUM) LS 1 $300,000 $300,000
FIELD OFFICE MO 0 $2,000 $0
SIDEWALK SY 0 $90 $0
Sub-Total $300,000
Protective Items Contingency (XX%) 5.00% $15,000
19 Superelevation Russell Co
XXXXX
7/29/20
Name
(This is not intended to be a detailed pay item breakdown. It is intended to be tool that assists users in
preparing early estimates prior to having developed plans. TRNSPRT should be utilized by the PFI stage.)
GRADING ITEMS
DRAINAGE ITEMS
PAVEMENT ITEMS
INCIDENTAL ITEMS
PROTECTIVE ITEMS
Page 4 of 33
http://stauntonapps/main/bridge/inside_vdot/bidtab_query2.asp?ht=undefined&ref=http://stauntonapps/main/bridge/inside_vdot/items.asp
Project :
upc:
Date:
Estimator:
For Recent Bid History Click Link
19 Superelevation Russell Co
XXXXX
7/29/20
Name
FOR USE IN PRE-SCOPING AND SCOPING CONSTRUCTION ESTIMATES.
|(This is not intended to be a detailed pay item breakdown. It is intended to be tool that assists users in
preparing early estimates prior to having developed plans. TRNSPRT should be utili
xd by the PFI stage.)
ITEM, Unit =“ Unit Price ‘Amount
MOBILIZATION ts i $113,136
ICONSTRUCTION SURVEYING, ts $25,000
GRADING ITEMS
CLEARING AND GRUBBING ‘ACRE $20,000 $39,669
REGULAR EXCAVATION. cY ‘S17 $551,556
[BORROW EXCAVATION. cY ‘S15 $0.
UNSUITABLE MAT. (paid as Regular Exeav.) cY ‘S17 $20,148
BACKFILL STONE (NO. 1) FOR UNSUITABLE MATL. AREAS | TONS: $20 $48,000
DRY RIPRAP TONS, $40 $0.
[Sub-Total $659,373,
[Grading Items Contingency (XX%) 15.00%. $98,906
DRAINAGE ITEMS
CONCRETE BOX CULVERT oF $2,500 30.
PIPES UNDER 36" uF ‘$125 $37,500
PIPES OVER 36" uF ‘$250 $0.
END WALLS FOR PIPES OVER 36" EA $300 $0.
DROP INLETS, EA $1,000 $7,000
CURB AND GUTTER. uF $35 $0.
[Sub-Total $38,500
Drainage Items Contingency (XX%) 5.00% $1,925
PAVEMENT ITEMS
SURFACE COURSE TONS, $110 $60,231
INTERMEDIATE COURSE TONS, ‘$100 $85,867
BASE COURSE TONS, $90 $154,560
ISUBBASE COURSE TONS, $20 $80,984
No.1 STONE, TONS: $25 $72,000
DEMOLITON OF PAVEMENT SY $10 $0
PLANNING 0"- 2" FOR OVERLAY SECTION SY $2. $0.
[Sub-Total $453,642
Pavement Items Contingency (XX%) 5.00% $22,682
INCIDENTAL ITEMS,
RETAINING WALLS (CONC,) cY ‘$400 30.
RURAL PRIVATE ENTRANCE, EA $2,000 $8,000
JURBAN PRIVATE ENTRANCE EA $5,000 $0.
[COMMERCIAL ENTRANCE EA $10,000 $0.
[Sub-Total $8,000
Incidental Items Contingency (XX%) 5.00% $400
PROTECTIVE ITEMS
MAINTENANCE OF TRAFFIC (LUMP SUM) us $300,000
FIELD OFFICE MO $0
SIDEWALK SY $0
[Sub-Total $300,000
[Protective Items Contingency (XX%) 5.00% $15,000
Page 4 of 33
STORM WATER MANAGEMENT FACILITY EA 1 $150,000 $150,000
SEEDING LB 1200 $15 $18,000
TEMP. SILT FENCE LF 3200 $4 $12,800
CHECK DAMS TY. I OR II EA 32 $500 $16,000
Sub-Total $196,800
E&S Control Items Contingency (XX%) 5.00% $9,840
BELOW GROUND UTILITIES (LUMP SUM $$$$) LF 0 $75 $0
Sub-Total $0
Right of Way Contingency (XX%) 5.00% $0
PERMANENT SIGNAL (LUMP SUM) EA 0 $300,000 $0
PAVEMENT MARKINGS (IF APPLICABLE) LF 6400 $1 $6,400
GUARDRAIL LF 0 $25 $0
GUARDRAIL END TREATMENT EA 0 $2,500 $0
GR-FOA’S IF BRIDGE IS ON PROJECT EA 0 $2,000 $0
Sub-Total $6,400
Traffic Items Contingency (XX%) 5.00% $320
NS BRIDGE SF 0 $400 $0
DEMOLITION OF EXISTING BRIDGE LS 0 $18 $0
Sub-Total $0
Bridge Items Contingency (XX%) 5.00% $0
Stream Mitigation LF 0 $700 $0
Wetland Mitigation Acre 0 $75,000 $0
Saw Cut LF $0 $0
Demo of Buildings/Clearing Parcels LS $0 $0
SF $0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
Contingency Total $149,073
$113,136
$25,000
$1,662,715
Total $1,949,924
CEI OF AT LEAST 12% AS A LUMP SUM ITEM LS 1 12.00% $233,991
PROJECT CONTINGENCY 5% $83,136
GRAND TOTAL $2,270,000
Summary Notes
Contingency % can be adjusted based on your comfort level with item quantity
Unit prices can be adjusted.  Use current unit prices as a guide
CEI % can be adjusted
Add any additional items that are important to the estimate in Misc. Section
All items in “green” are locked
PE or RW cost is not included in this estimate
Cells with RED tabs include comments for clarifications
UTILITIES
EROSION CONTROL
Sub-Total
CEI & CONTIGENCY
Tier I
TRAFFIC AND SAFETY
BRIDGE
STREAM/WETLAND MITIGATION THAT IS INCLUDED IN CONSTRUCTION
MISCELLANEOUS ITEMS NOT IN SPREADSHEET CAN BE ADDED HERE
Mobilization
Construction Survey
Page 5 of 33
EROSION CONTROL
[STORM WATER MANAGEMENT FACILITY EA $150,000
ISEEDING cy S15 $18,000
TEMP. SILT FENCE. LF $4 $12,800
[CHECK DAMS TY. 1 ORT EA ‘$500 $16,000
[Sub-Total $196,800
IE&S Control Items Contingency (XX%) 5.00% $9,840
UTILITIES
BELOW GROUND UTILITIES (LUMP SUM $$$) LF [ony 875 $0
[Sub-Total $0
Right of Way Contingency (XX%) 5.00% $0
TRAFFIC AND SAFETY
PERMANENT SIGNAL (LUMP SUM) EA $300,000 30
PAVEMENT MARKINGS (IF APPLICABLE) LF 31 36.400
[GUARDRAIL LF $25 0
[GUARDRAIL END TREATMENT EA $2,500 $0
IGR-FOA’S IF BRIDGE IS ON PROJECT EA $2,000 $0
[Sub-Total $6,400
raffic Items Contingency (XX%) 5.00% $320
BRIDGE
INS BRIDGE SF ‘$400 30
DEMOLITION OF EXISTING BRIDGE ts S18 $0
[Sub-Total $0
Bridge Items Contingency (XX%) 5.00% $0
'STREAMIWETLAND MITIGATION THAT IS INCLUDED IN CONSTRUCTIOI
[Siream Mitigation LF ‘$700 30
[Wetland Mitigation ‘Acre ‘$75,000 $0
MISCELLANEOUS ITEMS NOT IN SPREADSHEET CAN BE ADDED HE!
‘Saw Cut LF $0 30
Demo of Bulldings/Clearing Parcels ts $0 $0
‘SF $0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
GET & CONTIGENCY
[CEI OF ATLEAST 12% AS A LUMP SUM ITEM a a $233,991
PROJECT CONTINGENCY Tier 3% $83,136
GRAND TOTAL, $2,270,000
‘Summary Notes
Contingency % can be adjusted based on your comfort level with item quantity
Unit prices can be adjusted. Use current unit prices as a guide
CEI % can be adjusted
‘Add any additional items that are important to the estimate in Misc. Section
All items in “green” are locked
PE or RW cost is not included in this estimate
Cells with RED tabs include comments for clarifications
Page 5 of 33
Russell County Virginia
“The Heart of Southwest Virginia”
Oris Christian   Carl Rhea
At-Large  District 3
Tim Lovelace  Rebecca Dye, Chairperson David Eaton
District 1 District 6 District 4
Lou Ann Wallace Steve Breeding, Vice-Chairman Lonzo Lester
District 2 District 5 County Administrator
Russell County Government Center
137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011
www.russellcountyva.us
Resolution of Support
Virginia Smart Scale Project
Applications for the

County of Russell, Virginia
WHEREAS, a comprehensive, cooperative, and continuing planning process is to be
carried out in Russell County Virginia; and
WHEREAS, Virginia Smart Scale established a prioritization and scoring process to
evaluate projects for funding and project selection by the Commonwealth
Transportation Board; and
WHEREAS, Applications for the Virginia Smart Scale process are due August 17,

2020; and
WHEREAS, Counties are eligible to submit projects on Corridors of Statewide
Significance with a resolution of support from the Russell County Board of
Supervisors; and
NOW, THEREFORE, BE IT RESOLVED by the Russell County Board of Supervisors as
follows:
That the U.S. Route 58 Alt. Turn Lane Improvements at Sundown Drive
Project in the County of Russell, Virginia, is fully supported and
endorsed by the Russell County Board of Supervisors for the Smart
Scale application and funding process.
BE IT FURTHER RESOLVED that a Resolution of Support for Virginia Smart Scale
Project Applications for the County of Russell, Virginia is hereby approved.
RESOLVED this 3rd day of August 2020, by the following vote:
Recorded Vote:
Moved By:        _______________
Seconded By:  _______________                              _____________________
Yeas:  _____      Rebecca Dye, Chairperson
Nays:  _____       County of Russell Virginia
Lonzo Lester
Highlight
Russell County Virginia
“The Heart of Southwest Vi ia”
ris Christian Carl Rhea
At-Large District 3
Tim Lovelace Rebecca Dye, Chairperson David Eaton
District 4 District 6 District 4
Lou Ann Wallace Steve Breeding, Vice-Chairman Lonzo Lester
District 2 District 5 Gounty Administrator
WHEREAS, a comprehensive, cooperative, and continuing planning process isto be
carried out in Russell County Virginia; and
WHEREAS, Virginia Smart Scale established a prioritization and scoring process to
evaluate projects for funding and project selection by the Commonwealth
Transportation Board; and
WHEREAS, Applications for the Virginia Smart Scale process are due August 17,
2020; and
WHEREAS, Counties are eligible to submit projects on Corridors of Statewide
Significance with a resolution of support from the Russell County Board of
Supervisors; and
NOW, THEREFORE, BE IT RESOLVED by the Russell County Board of Supervisors as
follows:
That the U.S. Route 58 Alt. Turn Lane Improvements at Sundown Drive
Project in the County of Russell, Virginia, is fully supported and
endorsed by the Russell County Board of Supervisors for the Smart
Scale application and funding process.
BE IT FURTHER RESOLVED that a Resolution of Support for Virginia Smart Scale
Project Applications for the County of Russell, Virginia is hereby approved.
RESOLVED this 3“ day of August 2020, by the following vote:
Recorded Vote:
Moved By:
Seconded B}
Yeas: ____ Rebecca Dye, Chairperson
Nays: County of Russell Virginia
Russell County Government Center
137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011
www.russellcountyva.us
Project :
UPC:
Date:
Estimator:
For Recent Bid History Click Link
FOR USE IN PRE-SCOPING AND SCOPING CONSTRUCTION ESTIMATES
ITEM Unit Quantity Unit Price Amount
MOBILIZATION LS 1 $62,578 $62,578
CONSTRUCTION SURVEYING LS 1 $12,000 $12,000
CLEARING AND GRUBBING ACRE 1 $20,000 $13,774
REGULAR EXCAVATION CY 4700 $17 $79,900
BORROW EXCAVATION CY 0 $15 $0
UNSUITABLE MAT’l. (paid as Regular Excav.) CY 0 $17 $0
BACKFILL STONE (NO. 1) FOR UNSUITABLE MATL. AREAS TONS 0 $20 $0
DRY RIPRAP TONS 0 $40 $0
Sub-Total $93,674
Grading Items Contingency - $12,287
CONCRETE BOX CULVERT LF 0 $2,500 $0
PIPES UNDER 36" LF 400 $125 $50,000
PIPES OVER 36" LF 0 $250 $0
END WALLS FOR PIPES OVER 36" EA 0 $300 $0
DROP INLETS EA 2 $1,000 $2,000
CURB AND GUTTER LF 0 $35 $0
Sub-Total $52,000
Drainage Items Contingency - $2,600
SURFACE COURSE TONS 176 $110 $19,360
INTERMEDIATE COURSE TONS 184 $100 $18,400
BASE COURSE TONS 552 $90 $49,680
SUBBASE COURSE TONS 763 $20 $15,264
No.1 STONE TONS 0 $25 $0
DEMOLITON OF PAVEMENT SY 222 $10 $2,222
PLANNING 0"- 2" FOR OVERLAY SECTION SY 0 $2 $0
Sub-Total $104,926
Pavement Items Contingency - $5,246
RETAINING WALLS (CONC.) CY 0 $400 $0
RURAL PRIVATE ENTRANCE EA 0 $2,000 $0
URBAN PRIVATE ENTRANCE EA 0 $5,000 $0
COMMERCIAL ENTRANCE EA 0 $10,000 $0
Sub-Total $0
Incidental Items Contingency - $0
MAINTENANCE OF TRAFFIC (LUMP SUM) LS 1 $250,000 $250,000
FIELD OFFICE MO 6 $2,000 $12,000
SIDEWALK SY 0 $90 $0
Sub-Total $262,000
Protective Items Contingency - $13,100
58 Turn Lanes Russell Co
XXXXX
7/29/20
Name
(This is not intended to be a detailed pay item breakdown. It is intended to be tool that assists users in
preparing early estimates prior to having developed plans. TRNSPRT should be utilized by the PFI stage.)
GRADING ITEMS
DRAINAGE ITEMS
PAVEMENT ITEMS
INCIDENTAL ITEMS
PROTECTIVE ITEMS
Page 3 of 24
http://stauntonapps/main/bridge/inside_vdot/bidtab_query2.asp?ht=undefined&ref=http://stauntonapps/main/bridge/inside_vdot/items.asp
Project :
upc:
Date:
Estimator:
For Recent Bid History Click Link
58 Turn Lanes Russell Co
XXXXX
7/29/20
Name
FOR USE IN PRE-SCOPING AND SCOPING CONSTRUCTION ESTIMATES.
|(This is not intended to be a detailed pay item breakdown. It is intended to be tool that assists users in
preparing early estimates prior to having developed plans. TRNSPRT should be utili
xd by the PFI stage.)
ITEM, Unit ee Unit Price ‘Amount
MOBILIZATION ts i $62,578
ICONSTRUCTION SURVEYING, ts $12,000
GRADING ITEMS
CLEARING AND GRUBBING ‘ACRE $20,000 $13,774
REGULAR EXCAVATION, cy ‘S17 $79,900
IBORROW EXCAVATION. cY ‘S15 $0.
UNSUITABLE MAT. (paid as Regular Exeav.) cY S17 $0.
BACKFILL STONE (NO. 1) FOR UNSUITABLE MATL. AREAS | TONS: $20 $0.
DRY RIPRAP_ TONS: $40 $0.
[Sub-Total $93,674
[Grading Items Contingency $12,287,
DRAINAGE ITEMS
CONCRETE BOX CULVERT oF $2,500 30.
PIPES UNDER 36" uF ‘$125 $50,000
PIPES OVER 36" uF ‘$250 $0.
END WALLS FOR PIPES OVER 36" EA $300 $0.
DROP INLETS, EA $1,000 $2,000
CURB AND GUTTER. uF $35 $0.
[Sub-Total $52,000,
Drainage Items Contingency, $2,600
PAVEMENT ITEMS
SURFACE COURSE TONS, $110 $19,360
INTERMEDIATE COURSE TONS, ‘$100 $18,400
BASE COURSE TONS, $90 $49,680
ISUBBASE COURSE TONS, $20 $15,264
No.1 STONE, TONS: $25 $0.
DEMOLITON OF PAVEMENT SY $10 92.222
PLANNING 0"- 2" FOR OVERLAY SECTION SY $2. $0.
[Sub-Total $104,926
Pavement Items Contingency $5,246
INCIDENTAL ITEMS,
RETAINING WALLS (CONC,) cY ‘$400 30.
RURAL PRIVATE ENTRANCE, EA $2,000 $0.
JURBAN PRIVATE ENTRANCE EA $5,000 $0.
[COMMERCIAL ENTRANCE EA $10,000 $0.
[Sub-Total $0
incidental Items Contingency $0
PROTECTIVE ITEMS
MAINTENANCE OF TRAFFIC (LUMP SUM) Ls
FIELD OFFICE MO $12,000
[SIDEWALK SY Si
[Sub-Total $262,000
Protective items Contingency = $13,100,
Page 3 of 24
STORM WATER MANAGEMENT FACILITY EA - - $0
SEEDING LB 500 $15 $7,500
TEMP. SILT FENCE LF 1600 $4 $6,400
CHECK DAMS TY. I OR II EA 16 $500 $8,000
Sub-Total $21,900
E&S Control Items Contingency - $1,095
BELOW GROUND UTILITIES (LUMP SUM $$$$) LF 400 $75 $30,000
Sub-Total $30,000
Right of Way Contingency (XX%) - $1,500
PERMANENT SIGNAL (LUMP SUM) EA 0 $300,000 $0
PAVEMENT MARKINGS (IF APPLICABLE) LF 3200 $1 $3,200
GUARDRAIL LF 0 $25 $0
GUARDRAIL END TREATMENT EA 0 $2,500 $0
GR-FOA’S IF BRIDGE IS ON PROJECT EA 0 $2,000 $0
Sub-Total $3,200
Traffic Items Contingency - $160
NS BRIDGE SF 0 $400 $0
DEMOLITION OF EXISTING BRIDGE LS 0 $18 $0
Sub-Total $0
Bridge Items Contingency - $0
Stream Mitigation LF 0 $700 $0
Wetland Mitigation Acre 0 $75,000 $0
Alignment 1 LS $0 $0
Alignment 2 LS $0 $0
Alignment 3 LS $0 $0
Alignment 4 LS $0 $0
Alignment 5 LS $0 $0
Alignment 6 LS $0 $0
Rock Excavation LS 1 $200,000 $200,000
$0 $0
$0 $0
$0 $0
Contingency Total $35,988
$62,578
$12,000
$767,700
Total $878,266
CEI OF AT LEAST 12% AS A LUMP SUM ITEM LS 1 20.00% $175,653
PROJECT CONTINGENCY 5% $38,385
GRAND TOTAL $1,100,000
Summary Notes
Contingency % can be adjusted based on your comfort level with item quantity
Unit prices can be adjusted.  Use current unit prices as a guide
CEI % can be adjusted
Add any additional items that are important to the estimate in Misc. Section
All items in “green” are locked
PE or RW cost is not included in this estimate
Cells with RED tabs include comments for clarifications
UTILITIES
EROSION CONTROL
Sub-Total
CEI & CONTIGENCY
Tier I
TRAFFIC AND SAFETY
BRIDGE
STREAM/WETLAND MITIGATION THAT IS INCLUDED IN CONSTRUCTION
MISCELLANEOUS ITEMS NOT IN SPREADSHEET CAN BE ADDED HERE
Mobilization
Construction Survey
Page 4 of 24
EROSION CONT!
ROL
[STORM WATER MANAGEMENT FACILITY EA
[SEEDING cy S15 ‘$7,500
EMP. SILT FENCE LF $4 ‘$6,400
CHECK DAMS TY. TORT EA $500 ‘$8,000
[Sub-Total $21,900
IE&S Control items Contingency = ‘$1,095
UTILITIES
BELOW GROUND UTILITIES (LUMP SUM $$$) LE [aoony 875 $30,000
[Sub-Total $30,000
Right of Way Contingency (XX%) = ‘$1,500
TRAFFIC AND SAFETY
PERMANENT SIGNAL (LUMP SUM) EA $300,000 30
PAVEMENT MARKINGS (IF APPLICABLE) LF 31 $3,200
[GUARDRAIL LF $25 $0
[GUARDRAIL END TREATMENT EA $2,500 $0
IGR-FOA’S IF BRIDGE IS ON PROJECT EA $2,000 $0
[Sub-Total $3,200
raffic Items Contingency = $160
BRIDGE
INS BRIDGE SF ‘$400 30
DEMOLITION OF EXISTING BRIDGE ts S18 $0
[Sub-Total $0
Bridge Items Contingency = $0
‘STREAMIWETLAND MITIGATION THAT IS INCLUDED IN CONSTRUCTIOI
[Siream Mitigation LF ‘$700 30
[Wetland Mitigation ‘Acre ‘$75,000 $0
MISCELLANEOUS ITEMS NOT IN SPREADSHEET CAN BE ADDED HE!
‘Alignment 1 ts $0 30
‘Alignment 2 ts $0 $0
‘Alignment 3 ts $0 $0
‘Alignment 4 ts $0 $0
‘Alignment 5 ts $0 $0
Alignment 6 ts $0 $0
Rock Excavation ts 7 | $200,000 $200,000
$0 0
$0 $0
$0 $0
GET & CONTIGENCY
CEI OF AT LEAST 12% AS A LUMP SUM ITEM a a S175 653
PROJECT CONTINGENCY Tier 5% $38,385
GRAND TOTAL, $1,100,000
‘Summary Notes
Contingency % can be adjusted based on your comfort level with item quantity
Unit prices can be adjusted. Use current unit prices as a guide
CEI % can be adjusted
‘Add any additional items that are important to the estimate in Misc. Section
All items in “green” are locked
PE or RW cost is not included in this estimate
Cells with RED tabs include comments for clarifications
Page 4 of 24
Project :
UPC:
Date:
Estimator:
For Recent Bid History Click Link
FOR USE IN PRE-SCOPING AND SCOPING CONSTRUCTION ESTIMATES
ITEM Unit Quantity Unit Price Amount
MOBILIZATION LS 1 $26,815 $26,815
CONSTRUCTION SURVEYING LS 1 $5,000 $5,000
CLEARING AND GRUBBING ACRE 0 $20,000 $9,734
REGULAR EXCAVATION CY 3900 $17 $66,300
BORROW EXCAVATION CY 0 $15 $0
UNSUITABLE MAT’l. (paid as Regular Excav.) CY 0 $17 $0
BACKFILL STONE (NO. 1) FOR UNSUITABLE MATL. AREAS TONS 0 $20 $0
DRY RIPRAP TONS 0 $40 $0
Sub-Total $76,034
Grading Items Contingency (XX%) 15.00% $11,405
CONCRETE BOX CULVERT LF 0 $2,500 $0
PIPES UNDER 36" LF 50 $125 $6,250
PIPES OVER 36" LF 0 $250 $0
END WALLS FOR PIPES OVER 36" EA 0 $300 $0
DROP INLETS EA 0 $1,000 $0
CURB AND GUTTER LF 0 $35 $0
Sub-Total $6,250
Drainage Items Contingency (XX%) 5.00% $313
SURFACE COURSE TONS 98 $110 $10,756
INTERMEDIATE COURSE TONS 102 $100 $10,222
BASE COURSE TONS 307 $90 $27,600
SUBBASE COURSE TONS 424 $20 $8,480
No.1 STONE TONS 0 $25 $0
DEMOLITON OF PAVEMENT SY 222 $10 $2,222
PLANNING 0"- 2" FOR OVERLAY SECTION SY 0 $2 $0
Sub-Total $59,280
Pavement Items Contingency (XX%) 5.00% $2,964
RETAINING WALLS (CONC.) CY 0 $400 $0
RURAL PRIVATE ENTRANCE EA 0 $2,000 $0
URBAN PRIVATE ENTRANCE EA 0 $5,000 $0
COMMERCIAL ENTRANCE EA 0 $10,000 $0
Sub-Total $0
Incidental Items Contingency (XX%) 5.00% $0
MAINTENANCE OF TRAFFIC (LUMP SUM) LS 1 $100,000 $100,000
FIELD OFFICE MO 3 $2,000 $6,000
SIDEWALK SY 0 $90 $0
Sub-Total $106,000
Protective Items Contingency (XX%) 5.00% $5,300
58 Turn Lanes Russell Co
XXXXX
7/29/20
Name
(This is not intended to be a detailed pay item breakdown. It is intended to be tool that assists users in
preparing early estimates prior to having developed plans. TRNSPRT should be utilized by the PFI stage.)
GRADING ITEMS
DRAINAGE ITEMS
PAVEMENT ITEMS
INCIDENTAL ITEMS
PROTECTIVE ITEMS
Page 5 of 24
http://stauntonapps/main/bridge/inside_vdot/bidtab_query2.asp?ht=undefined&ref=http://stauntonapps/main/bridge/inside_vdot/items.asp
Project : 58 Turn Lanes Russell Co
upc: XXXXX
Date: 7/29/20
Estimator: Name
For Recent Bid History Click Link
FOR USE IN PRE-SCOPING AND SCOPING CONSTRUCTION ESTIMATES.
|(This is not intended to be a detailed pay item breakdown. It is intended to be tool that assists users in
preparing early estimates prior to having developed plans. TRNSPRT should be utilized by the PFI stage.)
ITEM, Unit =e Unit Price ‘Amount
MOBILIZATION ts i $26,815
ICONSTRUCTION SURVEYING, ts $5,000
GRADING ITEMS
CLEARING AND GRUBBING ‘ACRE $20,000 99,734
REGULAR EXCAVATION. cY S17 $66,300
[BORROW EXCAVATION. cY S15 $0
UNSUITABLE MAT. (paid as Regular Excav.) cY S17 $0.
BACKFILL STONE (NO. 1) FOR UNSUITABLE MATL. AREAS | TONS: $20 $0.
DRY RIPRAP TONS: $40 $0.
[Sub-Total $76,034
[Grading Items Contingency (XX%) 15.00%. $11,405,
DRAINAGE ITEMS
CONCRETE BOX CULVERT oF $2,500 30.
PIPES UNDER 36" uF ‘$125 36,250
PIPES OVER 36" uF ‘$250 $0.
END WALLS FOR PIPES OVER 36" EA $300 $0.
DROP INLETS. EA $1,000 $0.
CURB AND GUTTER. uF $35 $0.
[Sub-Total $6,250
Drainage Items Contingency (XX%) 5.00% $313
PAVEMENT ITEMS
SURFACE COURSE TONS, $110 310,756
INTERMEDIATE COURSE TONS, ‘$100 $10,222
BASE COURSE TONS, $90 $27,600
ISUBBASE COURSE TONS, $20 $6,480
No.1 STONE, TONS: $25 $0.
DEMOLITON OF PAVEMENT SY $10 92.222
PLANNING 0"- 2" FOR OVERLAY SECTION SY $2. $0.
[Sub-Total $59,280
Pavement Items Contingency (XX%) 5.00% $2,964
INCIDENTAL ITEMS,
RETAINING WALLS (CONC,) cY ‘$400 30.
RURAL PRIVATE ENTRANCE, EA $2,000 $0.
JURBAN PRIVATE ENTRANCE EA $5,000 $0.
[COMMERCIAL ENTRANCE EA $10,000 $0.
[Sub-Total $0
Incidental Items Contingency (XX%) 5.00% $0
PROTECTIVE ITEMS
MAINTENANCE OF TRAFFIC (LUMP SUM) us ‘$100,000
FIELD OFFICE MO
[SIDEWALK SY
[Sub-Total
[Protective Items Contingency (XX%) 5.00%
Page 5 of 24
STORM WATER MANAGEMENT FACILITY EA 1 $0 $0
SEEDING LB 300 $15 $4,500
TEMP. SILT FENCE LF 800 $4 $3,200
CHECK DAMS TY. I OR II EA 8 $500 $4,000
Sub-Total $11,700
E&S Control Items Contingency (XX%) 5.00% $585
BELOW GROUND UTILITIES (LUMP SUM $$$$) LF 400 $75 $30,000
Sub-Total $30,000
Right of Way Contingency (XX%) 5.00% $1,500
PERMANENT SIGNAL (LUMP SUM) EA 0 $300,000 $0
PAVEMENT MARKINGS (IF APPLICABLE) LF 1600 $1 $1,600
GUARDRAIL LF 0 $25 $0
GUARDRAIL END TREATMENT EA 0 $2,500 $0
GR-FOA’S IF BRIDGE IS ON PROJECT EA 0 $2,000 $0
Sub-Total $1,600
Traffic Items Contingency (XX%) 5.00% $80
NS BRIDGE SF 0 $400 $0
DEMOLITION OF EXISTING BRIDGE LS 0 $18 $0
Sub-Total $0
Bridge Items Contingency (XX%) 5.00% $0
Stream Mitigation LF 0 $700 $0
Wetland Mitigation Acre 0 $75,000 $0
Saw Cut LF $0 $0
Demo of Buildings/Clearing Parcels LS $0 $0
SF $0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
Contingency Total $22,147
$26,815
$5,000
$290,864
Total $344,825
CEI OF AT LEAST 12% AS A LUMP SUM ITEM LS 1 12.00% $41,379
PROJECT CONTINGENCY 5% $14,543
GRAND TOTAL $410,000
Summary Notes
Contingency % can be adjusted based on your comfort level with item quantity
Unit prices can be adjusted.  Use current unit prices as a guide
CEI % can be adjusted
Add any additional items that are important to the estimate in Misc. Section
All items in “green” are locked
PE or RW cost is not included in this estimate
Cells with RED tabs include comments for clarifications
UTILITIES
EROSION CONTROL
Sub-Total
CEI & CONTIGENCY
Tier I
TRAFFIC AND SAFETY
BRIDGE
STREAM/WETLAND MITIGATION THAT IS INCLUDED IN CONSTRUCTION
MISCELLANEOUS ITEMS NOT IN SPREADSHEET CAN BE ADDED HERE
Mobilization
Construction Survey
Page 6 of 24
EROSION CONTROL
[STORM WATER MANAGEMENT FACILITY EA 30
[SEEDING cy S15 $4,500
TEMP. SILT FENCE. LF $4 ‘$3,200
CHECK DAMS TY. TORT EA ‘$500 ‘$4,000
[Sub-Total $11,700
IE&S Control Items Contingency (XX%) 5.00% $585
UTILITIES
BELOW GROUND UTILITIES (LUMP SUM $$$) LE [aoony 875 $30,000
[Sub-Total $30,000
Right of Way Contingency (XX%) 5.00% ‘$1,500
TRAFFIC AND SAFETY
PERMANENT SIGNAL (LUMP SUM) EA $300,000 30
PAVEMENT MARKINGS (IF APPLICABLE) LF 31 $1,600
[GUARDRAIL LF $25 $0
[GUARDRAIL END TREATMENT EA $2,500 $0
IGR-FOA’S IF BRIDGE IS ON PROJECT EA $2,000 $0
[Sub-Total ‘$1,600
raffic Items Contingency (XX%) 5.00% $80
BRIDGE
INS BRIDGE SF ‘$400 30
DEMOLITION OF EXISTING BRIDGE ts S18 $0
[Sub-Total $0
Bridge Items Contingency (XX%) 5.00% $0
'STREAMIWETLAND MITIGATION THAT IS INCLUDED IN CONSTRUCTIOI
[Siream Mitigation LF ‘$700 30
[Wetland Mitigation ‘Acre ‘$75,000 $0
MISCELLANEOUS ITEMS NOT IN SPREADSHEET CAN BE ADDED HE!
‘Saw Cut LF $0 30
Demo of Bulldings/Clearing Parcels ts $0 $0
‘SF $0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
GET & CONTIGENCY
ICEI OF ATLEAST 12% AS ALUMP SUM ITEM a a $41,379
PROJECT CONTINGENCY Tier 3% $14,543
GRAND TOTAL, $410,000
‘Summary Notes
Contingency % can be adjusted based on your comfort level with item quantity
Unit prices can be adjusted. Use current unit prices as a guide
CEI % can be adjusted
‘Add any additional items that are important to the estimate in Misc. Section
All items in “green” are locked
PE or RW cost is not included in this estimate
Cells with RED tabs include comments for clarifications
Page 6 of 24
Russell County Receives Virginia Tourism Corporation WanderLove
Recovery Grant For Tourism Marketing
Governor Ralph Northam announced July 15, 2020 that Russell County received $10,000 from the Virginia
Tourism Corporation (VTC) WanderLove Recovery Grant Program, a new grant made available to Virginia’s
Destination Marketing Organizations (DMOs) across the Commonwealth that have been heavily impacted by the
novel coronavirus pandemic to fund recovery marketing initiatives. $866,504 in marketing grant funds were
awarded to 90 Destination Marketing Organizations as part of the DMO WanderLove Recovery Grant program.
Russell County Tourism is excited to have received this funding which will support marketing local road trips
across the county. As people are seeking more outdoor recreational opportunities closer to home, Russell County
offers a complete package of beauty in the mountains where fishing, kayaking, tubbing, hiking, biking routes,
motorcycle routes and sightseeing are abundant. There is plenty to experience in Russell County to make a
wonderful day trip or long get-a-way.
To help guide all those who would like to explore the county, several road trip itineraries will be available through
a new Experience Russell ap for mobile devices thanks to the WanderLove grant. The ap will use gps to get users to
their destinations. Along the way, there will be an opportunity for visitors to see the many Love signs that are
available throughout the county. Russell County road trips and outdoor opportunities will also be included in fall
editions of the Blue Ridge Outdoors magazine, a co-op partner of VTC.
As Virginia begins phase three of the Forward Virginia plan, there is a lot of pent-up demand for leisure travel and
people are seeking safe, close-to-home destinations that allow for social distancing and access to open spaces. With
this in mind, the WanderLove campaign provides travel inspiration for road trips, outdoor recreation, hidden gems,
small towns, and Virginia’s signature LOVEworks program.
“Virginia tourism is a critical sector of our economy and has been heavily impacted by the coronavirus
pandemic,” said Governor Ralph Northam. “Getting travelers back on the road and spending money in our cities and
towns is one of the fastest ways to inject dollars back into our economy and our communities. The Virginia Tourism
Corporation’s DMO WanderLove Recovery Grants gives localities the ability to market their destination as safe and
welcoming when visitors are ready to resume travel.”
Tourism is one of the Commonwealth’s largest economic engines, with visitors to Russell County spending more
than 13 million in 2018, supporting 150 work opportunities and contributing nearly 835,000 in local and state tax
revenue. The tourism and hospitality industries have also been among the hardest-hit by the pandemic, experiencing
decreased revenue and job loss, along with the temporary closure of many tourism-related businesses. A revived
tourism economy can help spur new economic activity and inject critical funds back into Virginia communities.
About Virginia Tourism Corporation
Virginia Tourism Corporation is the state agency charged with marketing the Commonwealth as a premier travel
and film destination. In 2018, visitors to Virginia spent $26 billion, which supported 234,000 work opportunities and
contributed $1.8 billion in state and local taxes. In 2019, Virginia is for Lovers celebrates its 50th anniversary. To
learn more, visit virginia.org
https://www.virginia.gov/coronavirus/forwardvirginia/
https://www.virginia.gov/coronavirus/forwardvirginia/
https://www.virginia.org/love
http://www.virginia.org/50YearsOfLove
http://www.virginia.org/50YearsOfLove
Lonzo Lester
Highlight
Governor Ralph Northam announced July 15, 2020 that Russell County received $10,000 from the Virginia
Tourism Corporation (VTC) WanderLove Recovery Grant Program, a new grant made available to Virginia’s
Destination Marketing Organizations (DMOs) across the Commonwealth that have been heavily impacted by the
novel coronavirus pandemic to fund recovery marketing initiatives. $866,504 in marketing grant funds were
awarded to 90 Destination Marketing Organizations as part of the DMO WanderLove Recovery Grant program,
Russell County Tourism is excited to have received this funding which will support marketing local road trips
across the county. As people are seeking more outdoor recreational opportunities closer to home, Russell County
offers a complete package of beauty in the mountains where fishing, kayaking, tubing, hiking, biking routes,
motoreycle routes and sightseeing are abundant. There is plenty to experience in Russell County to make a
wonderful day trip or long get-a-way.
To help guide all those who would like to explore the county, several road trip itineraries will be available through
a new Experience Russell ap for mobile devices thanks to the WanderLove grant. The ap will use gps to get users to
their destinations. Along the way, there will be an opportunity for visitors to see the many Love signs that are
available throughout the county. Russell County road trips and outdoor opportunities will also be included in fall
editions of the Blue Ridge Outdoors magazine, a co-op partner of VTC.
As Virginia begins phase three of the Forward Virginia plan, there is a lot of pent-up demand for leisure travel and,
people are seeking safe, close-to-home destinations that allow for social distancing and access to open spaces. With
this in mind, the WanderLove campaign provides travel inspiration for road trips, outdoor recreation, hidden gems,
small towns, and Virginia’s signature LOVEworks program.
“Virginia tourism is a critical sector of our economy and has been heavily impacted by the coronavirus
pandemic,” said Governor Ralph Northam. “Getting travelers back on the road and spending money in our cities and
towns is one of the fastest ways to inject dollars back into our economy and our communities. The Virginia Tourism
Corporation’s DMO WanderLove Recovery Grants gives localities the ability to market their destination as safe and
‘welcoming when visitors are ready to resume travel.”
Tourism is one of the Commonwealth’s largest economic engines, with visitors to Russell County spending more
than 13 million in 2018, supporting 150 work opportunities and contributing nearly 835,000 in local and state tax
revenue. The tourism and hospitality industries have also been among the hardest-hit by the pandemic, experiencing
decreased revenue and job loss, along with the temporary closure of many tourism-related businesses. A revived
tourism economy can help spur new economic activity and inject critical funds back into Virginia communities.
About Virginia Tourism Corporation
irginia Tourism Corporation is the state agency charged with marketing the Commonwealth as a premier travel
and film destination. In 2018, visitors to Virginia spent $26 billion, which supported 234,000 work opportunities and
contributed $1.8 billion in state and local taxes. In 2019, Virginia is for Lovers celebrates its 50th anniversary. To
learn more, visit virginia.org
‘This Agreement dated the 18 day of
VTC DMO WanderLOVE
Marketing Grant Program Agreement
VIC #21-024
July |
» 2020 serves as a grant agreement between
Russell County (“Grant Awardee”) and Virginia Tourism Authority, doing business as Virginia
Tourism Corporation, a public body corporate and political subdivision of the Commonwealth of
Virginia, hereinafter called “VTC” with respect to a grant awarded to Russell County.
Grant Awardee and VTC agree as follows:
1
TERM. The term of this agreement commences upon execution of this agreement and
will continue through project completion, no later than June 30, 2021.
REPORTING AND COMPLETION. A Final Report shall be submitted to Steve
Galyean, VTC Planning and Partnerships Director at [email protected]. Questions
may be directed to Mr. Galyean at (804) 545-5517 or [email protected].
a)
Final Report — A final report shall be due no later than 60 days after program
completion, detailing the results of the program outcomes including media
placements, tear sheets and other placement documentation, visitation and
revenue data, and other documentation of the program. VTC will supply a
WanderLOVE Final Report Template for reporting purposes.
GRANT REQUIREMENTS. In return for grant support, Grant Awardee shall provide
the following:
Grant Awardee shall provide the marketing initiatives found in the marketing plan, the
bonus campaign ideas, and other initiatives, all submitted in their Grant Application
attached. In addition, Grant Awardee shall provide the following requirements:
a)
b)
Grant Awardee shall commit that the officially recognized Virginia DMO contact
person listed on the attached marketing plan will carry out the required and
indicated items of the WanderLOVE grant.
Grant Awardee shall submit a press release to relevant media outlets announcing
participation in WanderLOVE campaign and receipt of award; VTC will provide
a press release template.
Grant Awardee shall create and promote your own WanderLOVE Road Trips
Video -OR- promote VTC’s WanderLOVE video on your website; VTC will
provide WanderLOVE logo lock-ups.
Russell County
VTC #21-024
Page 2 of 3

Grant Awardee shall create one WanderLOVE Road Trip Blog -OR- submit a
WanderLOVE Road Trip Itinerary for Virginia.org; Blog/ltinerary should feature:
hidden gems, small towns/communities, scenic routes, outdoor experienc

and/or LOVEworks,
e) Grant Awardee shall create and share a minimum of three WanderLOVE-related
posts on social media: VTC will provide customizable WanderLOVE social
templates.
4 REQUIREMENTS AND RESPONSIBILITIES FOR USE OF “WANDERLOVE”
LOGO, WORD MARK AND SLOGAN. To maintain the integrity of the logo, word
mark, and slogan, VTC has standards and guidelines that govern how the logo, word
mark, and slogan can be used. Therefore, the “WanderLOVE” logo, word mark, and
slogan, as provided by VTC, shall only be used for the purpose as identified in
Paragraph 3 above, and identified in the marketing initiatives/deliverables detailed in the
attached grant application submitted by Grant Awardee in response to the WanderLOVE.
Marketing Grant Program, and shall not be used by Russell County for any purpose
other than in the performance of this Grant agreement without the prior written consent
of VIC, Russell County shall not alter the logo, mark, or any variation of the slogan, in
any way, to include but not be limited to color, design elements, font, or typeface.
GRANT AMOUNT. As consideration for the above requirements,
initiatives/deliverables referenced herein, VTC will pay Grant Awardee a total grant
amount of $10,000.00, Grant Awardee shall provide VTC with an invoice upon
execution of the agreement. Payment will be made within thirty (30) days after receipt
of proper invoice, The following shall be deemed to be the date of payment: the date of
postmark in all cases where payment is made by mail.

REFUND. If Grant Awardee does not or cannot provide any of the requirements,
initiatives/deliverables referenced herein, for any reason whatsoever, Grant Awardee
shall provide, at VTC’s sole discretion and approval, a “make good” of the affected
requirement, initiative/deliverable by substituting another requirement,
initiative/deliverable of comparable value or as mutually agreed by both parties. Should
it be determined in good faith, that Grant Awardee did not provide all of the
requirements, initiatives/deliverables listed above in this Agreement, VTC may, at its sole
discretion, require a pro-rated refund of the grant award from Grant Awardee

This agreement represents the entire understanding of the parties with respect to the subject
matter hereof, supersedes all prior understandings, written or oral, with respect to the subject
matter hereof and may only be amended by the written agreement of an authorized representative
of each of the parties hereto.
Russell County
VIC #21-024
Page 3 of 3
AGREED & ACKNOWLEDGED:
Russell County Virginia Tourism Corporation
printname LOnzo Lester
PRINT NAME: _}
shell A. Rosenfeld.
SIGNATURE; ~ SIGNATURE:
sell County Administrator
TITLE: TITLE: VP of Operations and Finance
EMAIL: lonzo.lester@russelicountyva. a
‘appress: P-O. Box 1208
Lebanon, VA 24266
276-880-4396 _
PHONE:
Contact Information
pMo FEI #
Russell County 54-6001589
Contact Name
Heather Powers
Title
Tourism Coordinator
Mailing Address
P.O. Box 1208
137 Highland Drive
Lebanon, Virginia 24266
United States
Phone Email
(276) 254-0014 [email protected]
Anticipated Date of Completion
11/30/2020
WanderLOVE Hub and Spoke
What is your strongest lure? Your HUB.
All Russell County tourism is primarily based on natural outdoor assets. Every section of the county offers outdoor
adventure and is close to a Love sign visitors can easily access. The main official Loveworks sign is in Dickensonville,
which is 8 miles from Saint Paul, Virginia and 20 miles from Abingdon, Virginia. This road trip itinerary begins at the
Dickensonville Loveworks sign located at the picturesque Old Russell County Courthouse, From here visitors get a
chance to stop at nearly every corner of the county starting with a trip to the renowned Tank Hallow Falls in the small
town of Cleveland, Then its a stop at The Pinnacle Natural Area Preserve to enjoy the river and beautiful plant life, After
exploring these sites visitors can make a stop in the small town of Lebanon and find a brewery, vineyard and other
restaurants and enjoy the mountainous views. Following this stop, The Channels Natural Area Preserve is another
favorite destination that brings in visitors from states away. Afterwards, hop over to the small town of Honaker and
enjoy getting some pictures at the LOVE sign. Lastly, make your way back to Lebanon to get a picture with the LOVE
sign and take advantage of dinning and lodging.
This is just one possible itinerary for Russell County. Other marketing opportunities with the WanderLove Grant
program would help promote the many kayaking and tubing adventures on the Clinch, state park, historical stops,
hiking spots and more.
Spoke 1 Spoke 2 Spoke 3
Tank Hallow Falls, Cleveland Barrens Pinnacle Natural Area Preserve Local Brewery and Vineyard stops in
and suspension bridge over Clinch Lebanon, VA
River in Cleveland, VA
Spoke 4 Spoke 5 Spoke 6
The Channels Natural Area Preserve LOVE sign Honaker, VA Love sign in Lebanon, VA
on Rt, 80
Top Three Feeder Markets
Feeder Market #1 Feeder Market #2 Feeder Market #3
Tri-cities area of Tennessee Kentucky where state line borders Bluefield area of West Virginia
Virginia
Your In-Kind Match
Description of your in-kind match.
Experience Russell County Facebook page, website and Instagram advertising local outdoor recreation such as
waterfall hikes, kayaking, hiking, biking, motorcycle trails, ATV trails, local Lovework sign and other Love signs in the
county,
Tourism brochure distributed at Welcome centers, regionally and locally. Brochure highlights outdoor recreation,
official Loveworks sign in Dickenson at Old Courthouse, kayaking and tubing opportunities, state park, motorcycles
routes and events.
Loveworks sign at county courthouse
Drone video showcasing local tourism assets and events,
Press coverage with local newspaper.
Estimated Value of In-Kind Match
11200
Marketing Plan, Calendar and Budget Amounts
Marketing Plan
Media Outlet Target Date Budge;
Blue Ridge Outdoors (Branding focus bundle) Would create “Hub and Spoke”
Road Trip Blog, E-Blast featuring all WanderLove Partners, VTC ads/editorial abel 5,000
and VIC digital flight,
Experience Russell County App for creation of local attractions, lodging, dinning — September 2020-
and road trip itineraries through convenience of mobile app for Android and October 2020 5,000
IPhone devices. Quote from Rayco completion date
Virginia is for Lovers “WanderLove” Campaign Tie-in
Bonus Campaign Ideas
In addition to the Old Russell County Courthouse that has an official Loveworks sign, nearly every small town in Russell
County has their own LOVE sign. Russell County Career and Technology Center, which is located beside of the main
traffic Rt. 19 for travelers leaving Interstate 81, also has created their own Love sign, To continue to attract travelers
who seek out Love signs and bring in potential business to all areas in the county, all who have a Love sign would be
encouraged to decorate their signs throughout the upcoming months, Ideas would include a beach/summer theme,
back to school, Halloween, fall/Thanksgiving and even Christmas. This would ensure constant publicity of the Love
signs as each new theme would draw in visitors who would like to have their pictures and give the county more
reasons to showcase the signs each time they changed.
Submit
Acceptance of Terms
By clicking this checkbox and submitting this form, you are confirming that al information is final
¥ Ihave read and agree to the terms and conditions.
THRASHER | Seen
July 24, 2020
Lonzo Lester, Russell County Administrator
Russell County Board of Supervisors
137 Highland Drive
Lebanon, Virginia 24266
Re:_Lump Sum Fee Schedule for the Preliminary Engineering Report (PER) for a New Cleveland
Regional Sewage Treatment Collection System
Dear Mr. Lester:
‘The Thrasher Group, Inc. (Thrasher) is pleased to submit the attached Lump Sum Fee Schedule to
provide engineering services for the Russell County Board of Supervisors (the Board). The
Schedule is for all the work necessary to develop and complete a Preliminary Engineering Report
(PER) for the proposed new Cleveland Regional Sewage Collection System and Treatment Plant.
The PER will be in support of the Board’s preparation of a funding application to the Virginia
Department of Housing and Community Development.
Scope of Work
Thrasher shall perform the following duties:


Consult with the Board to define and clarify the Board requirements for the Project,
including design objectives and constraints, capacity and performance requirements,
flexibility and expandability, and any budgetary limitations.


Visit the existing Site and potential Project sites, to review existing conditions and
facilities.


Advise the Board on any additional studies that may be needed to complete the PER and
funding application.


Study and evaluate potential solutions and identify at least two (2) alternative solutions
potentially available to the Board.


After consultation with the Board, recommend the alternative which best meets the Board’s
requirements for the Project.


Identify requirements of governmental authorities having jurisdiction to approve the


portions of the Project to be designed or specified by Thrasher, including what permits or
mitigation will be necessary.
195.Blue Angel Lane | Beaver, WV 25813 | 304-431-7800 | wwwithethrashergroup.com
Mr. Lonzo Lester
July 24, 2020
Page 2

Prepare a report (Preliminary Engineering Report) which will contain a conceptual design
with appropriate exhibits for each proposed alternative. Each alternative will consider the
following:

a. New wastewater treatment plant or plants necessary for the system
b. Any necessary lines needed to connect the new treatment plant(s) to the existing
collection system
c. Proposed updates for the existing collection system
d. Proposed system extensions necessary for anticipated expansions


Each alternative and recommended solution will provide the following itemized costs:
a. Engineer’s Opinion of Probable Construction Cost
b. Proposed allowances for contingencies
c. Estimated total costs of design, and other professional services
d. Based on information furnished by the Board, any other items and services
necessary to estimate Total Project Costs


Participate in necessary meetings with funding and regulatory agencies to discuss the
proposed project. Thrasher will amend the report based on comments received from the
Board and regulatory agencies.


Thrasher will deliver the required PER described above no later than August 17°, 2021


Items of Work Not Included in the Scope

Inflow and Infiltration Study
a. Thrasher will use the Inflow & Infiltration being prepared for the Board by others
to complete/expand the PER.

Fees, Terms and Conditions
A Lump Sum amount of $31,500 is proposed for scope of work presented above.
a. Preliminary Engineering Report $31,500
Should you have any questions about the Fee Schedule please do not hesitate to contact me.
Sincerely,
Zachan”Wright
Project Manager, Utility Division
www.thethrashergroup.com
From: Blevins, Joe
To: [email protected]
Subject: Re: FW: Updated and Signed agreements and Scope of Work Letter
Date: Sunday, July 26, 2020 11:05:46 PM
I’m good with it.
On Fri, Jul 24, 2020 at 3:11 PM [email protected] wrote:
Joe,
Please review to ensure you’re good with terms.
Thanks.
From: Zachary Wright [email protected]
Sent: Friday, July 24, 2020 3:00 PM
To: [email protected]
Cc: Daniel Ferrell [email protected]; Jim Baldwin [email protected];
Tim Lovelace [email protected]; ‘Blevins, Joe’
[email protected]
Subject: Updated and Signed agreements and Scope of Work Letter
Lonzo,
Please see the attached revised scope of work letter and signed engineering agreement for
the Cleveland Wastewater System PER.
Let me know if you have any questions or concerns.
Thanks,
Zachary D. Wright
Project Manager | The Thrasher Group, Inc.
office:   304-731-4054   | 800-273-6541
mobile:   304-476-4972
mailto:[email protected]
mailto:[email protected]
mailto:[email protected]
mailto:[email protected]
mailto:[email protected]
mailto:[email protected]
mailto:[email protected]
mailto:[email protected]
mailto:[email protected]
From: ‘levins. Joo
To: lonzolester@russellcount
Subject: Ro: FW: Updated and Signed agreements and Scope of Work Letter
Date: Sunday, July 26, 2020 11:05:46 PM
I’m good with it
On Fri, Jul 24, 2020 at 3:11 PM [email protected] wrote:
Joe,
Please review to ensure you’re good with terms.
Thanks.
From: Zachary Wright [email protected]
Sent: Friday, July 24, 2020 3:00 PM
To: lonzo [email protected]
Ce: Daniel Ferrell [email protected]; Jim Baldwin jimbaldwin@bvunet;
Tim Lovelace <tlovelace@russell k12.va.us>; ‘Blevins, Joe’
<joe.blevins@dhed. virginia.gov>
Subject: Updated and Signed agreements and Scope of Work Letter
Lonzo,
Please see the attached revised scope of work letter and signed engineering agreement for
the Cleveland Wastewater System PER.
Let me know if you have any questions or concerns.
Thanks,
Zachary D. Wright
Project Manager | The Thrasher Group, Inc
office: 304-731-4054. | 800-273-6541
mobile: 304-476-4972
mobile2:   304-932-2433

155 Blue Angel Lane | Beaver, WV 25813
www.thethrashergroup.com
–
Joe Blevins
Program Manager
Program Administration and Assistance Office
Virginia Department of Housing
and Community Development
468 East Main Street, Suite 300 B
Abingdon, Virginia  24210
(276) 274-4539
How can DHCD support your community during these unprecedented times?
https://www.dhcd.virginia.gov/covid-19
https://www.dhcd.virginia.gov/sites/default/files/Docx/cdbg/cdbg-covid-19-fact-sheet.pdf
https://www.dhcd.virginia.gov/sites/default/files/Docx/cdbg/cdbg-covid-19-response.pdf
http://www.thethrashergroup.com/
https://www.dhcd.virginia.gov/covid-19
https://www.dhcd.virginia.gov/sites/default/files/Docx/cdbg/cdbg-covid-19-fact-sheet.pdf
https://www.dhcd.virginia.gov/sites/default/files/Docx/cdbg/cdbg-covid-19-response.pdf
mobile2: 304-932-2433
155 Blue Angel Lane | Beaver, WV 25813
www.thethrashergroup,
Joe Blevins
Program Manager
Program Administration and Assistance Office
Virginia Department of Housing
and Community Development
468 East Main Street, Suite 300 B
Abingdon, Virginia 24210
(276) 274-4539
How can DHCD support your community during these unprecedented times?
https://www,dhed, virginia, gov/covid-1
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                        Page 1
AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR PROFESSIONAL SERVICES
Owner and Engineer further agree as follows:
ARTICLE 1 –  SERVICES OF ENGINEER
1.01 Scope
A. Engineer shall provide, or cause to be provided, the services set forth herein and in Exhibit A.
All work will be performed in accordance with the applicable West Virginia Department of
THIS IS AN AGREEMENT effective as of   (“Effective Date”) between
Russell County Board of Supervisors (“Owner”) and
The Thrasher Group, Inc. (“Engineer”).
Owner’s Project, of which Engineer’s services under this Agreement are a part, is generally identified as follows:
Cleveland Regional Sewage Treatment and Collections System Preliminary Engineering Report (PER)
Other terms used in this Agreement are defined in Article 7.
Engineer’s services under this Agreement are generally identified as follows:
Preparation of a PER to support submission of an application to the Virginia Department of Housing and Community
Development (DHCD) Community Development Block Grant (CDBG) Program.  This agreement is for the Study and
Report phase only.  Preliminary design, final design, bidding & negotiation, construction, resident project
representative, post construction, and special services may be added at a later date if agreed up on by the Owner
and the Engineer.
This PER will contain a conceptual design with appropriate exhibits for each proposed alternative.  Each alternative
will consider the following:
a. New wastewater treatment plant or plants necessary for the system

b. Any necessary lines needed to connect the new treatment plant(s) to the existing collection system
c. Proposed updates for the existing collection system
d. Proposed system extensions necessary for anticipated expansions
Each alternative and recommended solution will provide the following itemized costs:
a. Engineer’s Opinion of Probable Construction Cost
b. Proposed allowances for contingencies

c. the estimated total costs of design, and other professional services
d. Based on information furnished by the Board, any other items and services necessary to estimate Total Project
Costs
Not Included in the Scope of this project is an Inflow & Infiltration Study.   Thrasher will use the Inflow & Infiltration
being prepared for the Owner by others to complete/expand the PER.
AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR PROFESSIONAL SERVICES.
THIS IS AN AGREEMENT effective as of (“Effective Date”) between
Russell County Board of Supervisors (“Owner”) and
The Thrasher Group, Inc. (“Engineer”),
Owner’s Project, of which Engineer’s services under this Agreement are a part, is generally identified as follows:
Cleveland Regional Sewage Treatment and Collections System Preliminary Engineering Report (PER)
Other terms used in this Agreement are defined in Article 7.
Engineer’s services under this Agreement are generally identified as follows:
Preparation of a PER to support submission of an application to the Virginia Department of Housing and Community
Development (DHCD) Community Development Block Grant (CDBG) Program. This agreement is for the Study and
Report phase only. Preliminary design, final design, bidding & negotiation, construction, resident project
representative, post construction, and special services may be added at a later date if agreed up on by the Owner
and the Engineer.
This PER will contain a conceptual design with appropriate exhibits for each proposed alternative. Each alternative
will consider the following:
a. New wastewater treatment plant or plants necessary for the system
b. Any necessary lines needed to connect the new treatment plant(s) to the existing collection system
c. Proposed updates for the existing collection system
d. Proposed system extensions necessary for anticipated expansions
Each alternative and recommended solution will provide the following itemized costs:
a. Engineer’s Opinion of Probable Construction Cost
b. Proposed allowances for contingencies
c. the estimated total costs of design, and other professional services
d. Based on information furnished by the Board, any other items and services necessary to estimate Total Project
Costs
Not Included in the Scope of this project is an Inflow & Infiltration Study. Thrasher will use the Inflow & Infiltration
being prepared for the Owner by others to complete/expand the PER.
(Owner and Engineer further agree as follows:
ARTICLE 1~ SERVICES OF ENGINEER
1.01 Scope
‘A. Engineer shall provide, or cause to be provided, the services set forth herein and in Exhibit A.
All work will be performed in accordance with the applicable West Virginia Department of
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Paget
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                        Page 2
Environmental Protection requirements as outlined in Title 47, Series 31 – State Water
Pollution Control Revolving Fund Rules.  All work will be in accordance with the sub-
agreement clauses attached to the back of the contract.
ARTICLE 2 –  OWNER’S RESPONSIBILITIES
2.01 General
A. Owner shall have the responsibilities set forth herein and in Exhibit B.
B. Owner shall pay Engineer as set forth in Article 4 and Exhibit C.
C. Owner shall be responsible for all requirements and instructions that it furnishes to Engineer
pursuant to this Agreement, and for the accuracy and completeness of all programs,
reports, data, and other information furnished by Owner to Engineer pursuant to this
Agreement.  Engineer may use and rely upon such requirements, programs, instructions,
reports, data, and information in performing or furnishing services under this Agreement,
subject to any express limitations or reservations applicable to the furnished items.
D. Owner shall give prompt written notice to Engineer whenever Owner observes or otherwise
becomes aware of:


any development that affects the scope or time of performance of Engineer’s services;


the presence at the Site of any Constituent of Concern; or


any relevant, material defect or nonconformance in: (a) Engineer’s services, (b) the Work,
© the performance of any Constructor, or (d) Owner’s performance of its responsibilities
under this Agreement.


ARTICLE 3 –  SCHEDULE FOR RENDERING SERVICES
3.01 Commencement
A. Engineer is authorized to begin rendering services as of the Effective Date.
3.02 Time for Completion
A. Engineer shall complete its obligations within a reasonable time.  Specific periods of time
for rendering services, or specific dates by which services are to be completed, are provided
in Exhibit A, and are hereby agreed to be reasonable.
B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly
and continuous progress of Engineer’s services is impaired, or Engineer’s services are
delayed or suspended, then the time for completion of Engineer’s services, and the rates
and amounts of Engineer’s compensation, shall be adjusted equitably.
C. If Owner authorizes changes in the scope, extent, or character of the Project or Engineer’s
services, then the time for completion of Engineer’s services, and the rates and amounts of
Engineer’s compensation, shall be adjusted equitably.
Environmental Protection requirements as outlined in Title 47, Series 31 — State Water
Pollution Control Revolving Fund Rules. All work will be in accordance with the sub-
agreement clauses attached to the back of the contract.
ARTICLE 2- OWNER’S RESPONSIBILITIES
2.01 General
‘A. Owner shall have the responsibilities set forth herein and in Exhibit B.
B. Owner shall pay Engineer as set forth in Article 4 and Exhibit C.
‘Owner shall be responsible for all requirements and instructions that it furnishes to Engineer
pursuant to this Agreement, and for the accuracy and completeness of all programs,
reports, data, and other information furnished by Owner to Engineer pursuant to this
‘Agreement. Engineer may use and rely upon such requirements, programs, instructions,
reports, data, and information in performing or furnishing services under this Agreement,
subject to any express limitations or reservations applicable to the furnished items.
D. Owner shall give prompt written notice to Engineer whenever Owner observes or otherwise
becomes aware of:


any development that affects the scope or time of performance of Engineer’s services;


_ the presence at the Site of any Constituent of Concern; or


_anyrelevant, material defect or nonconformance in: (a) Engineer’s services, (b) the Work,
© the performance of any Constructor, or (d) Owner’s performance of its responsibilities
Under this Agreement.


ARTICLE 3- SCHEDULE FOR RENDERING SERVICES
3.01 Commencement
‘A. Engineer is authorized to begin rendering services as of the Effective Date.
3.02 Time for Completion
‘A. Engineer shall complete its obligations within a reasonable time. Specific periods of time
for rendering services, or specific dates by which services are to be completed, are provided
in Exhibit A, and are hereby agreed to be reasonable.
B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly
and continuous progress of Engineer’s services is impaired, or Engineer’s services are
delayed or suspended, then the time for completion of Engineer’s services, and the rates
and amounts of Engineer’s compensation, shall be adjusted equitably.
C. If Owner authorizes changes in the scope, extent, or character of the Project or Engineer’s
services, then the time for completion of Engineer’s services, and the rates and amounts of
Engineer’s compensation, shall be adjusted equitably.
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page?
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                        Page 3
D. Owner shall make decisions and carry out its other responsibilities in a timely manner so as
not to delay the Engineer’s performance of its services.
E. If Engineer fails, through its own fault, to complete the performance required in this
Agreement within the time set forth, as duly adjusted, then Owner shall be entitled, as its
sole remedy, to the recovery of direct damages, if any, resulting from such failure.
ARTICLE 4 –  INVOICES AND PAYMENTS
4.01 Invoices
A. Preparation and Submittal of Invoices:  Engineer shall prepare invoices in accordance with
its standard invoicing practices and the terms of Exhibit C. Invoice must include breakdown
of services provided.  Engineer shall submit its invoices to Owner on a monthly basis.

Invoices are due and payable within 30 days of receipt.
4.02 Payments
A. Application to Interest and Principal:  Payment will be credited first to any interest owed to
Engineer and then to principal.
B. Failure to Pay:  If Owner fails to make any payment due Engineer for services and expenses
within 30 days after receipt of Engineer’s invoice, then:


amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum
rate of interest permitted by law, if less) from said thirtieth day; and


Engineer may, after giving seven days written notice to Owner, suspend services under
this Agreement until Owner has paid in full all amounts due for services, expenses, and
other related charges.  Owner waives any and all claims against Engineer for any such
suspension.


C. Disputed Invoices:  If Owner disputes an invoice, either as to amount or entitlement, then
Owner shall promptly advise Engineer in writing of the specific basis for doing so, may
withhold only that portion so disputed, and must pay the undisputed portion subject to the
terms of Paragraph 4.01.
D. Sales or Use Taxes:  If after the Effective Date any governmental entity takes a legislative
action that imposes additional sales or use taxes on Engineer’s services or compensation
under this Agreement, then Engineer may invoice such additional sales or use taxes for
reimbursement by Owner. Owner shall reimburse Engineer for the cost of such invoiced
additional sales or use taxes; such reimbursement shall be in addition to the compensation
to which Engineer is entitled under the terms of Exhibit C.
ARTICLE 5 –  OPINIONS OF COST
5.01 Opinions of Probable Construction Cost
A. Engineer’s opinions (if any) of probable Construction Cost are to be made on the basis of
Engineer’s experience, qualifications, and general familiarity with the construction industry.
D. Owner shall make decisions and carry out its other responsibilities in a timely manner so as
not to delay the Engineer’s performance of its services.
E. If Engineer fails, through its own fault, to complete the performance required in this
Agreement within the time set forth, as duly adjusted, then Owner shall be entitled, as its
sole remedy, to the recovery of direct damages, if any, resulting from such failure.
ARTICLE 4— INVOICES AND PAYMENTS
4.01 Invoices
‘A. Preparation and Submittal of invoices: Engineer shall prepare invoices in accordance with
its standard invoicing practices and the terms of Exhibit C. Invoice must include breakdown
of services provided. Engineer shall submit its invoices to Owner on a monthly basis.
Invoices are due and payable within 30 days of receipt.
4.02 Payments
‘A. Application to Interest and Principal: Payment will be credited first to any interest owed to
Engineer and then to principal.
B. Failure to Pay: If Owner fails to make any payment due Engineer for services and expenses
within 30 days after receipt of Engineer’s invoice, then:


amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum,
rate of interest permitted by law, if less) from said thirtieth day; and


Engineer may, after giving seven days written notice to Owner, suspend services under
this Agreement until Owner has paid in full all amounts due for services, expenses, and
other related charges. Owner waives any and all claims against Engineer for any such
suspension.


C. Disputed Invoices: \f Owner disputes an invoice, either as to amount or entitlement, then
Owner shall promptly advise Engineer in writing of the specific basis for doing so, may
withhold only that portion so disputed, and must pay the undisputed portion subject to the
terms of Paragraph 4.01.
D. Sales or Use Taxes: If after the Effective Date any governmental entity takes a legislative
action that imposes additional sales or use taxes on Engineer’s services or compensation
under this Agreement, then Engineer may invoice such additional sales or use taxes for
reimbursement by Owner. Owner shall reimburse Engineer for the cost of such invoiced
additional sales or use taxes; such reimbursement shall be in addition to the compensation
to which Engineer is entitled under the terms of Exhibit C.
ARTICLE 5~ OPINIONS OF COST
5.01 Opinions of Probable Construction Cost
‘A. Engineer’s opinions (if any) of probable Construction Cost are to be made on the basis of
Engineer’s experience, qualifications, and general familiarity with the construction industry.
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page3
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                        Page 4
However, because Engineer has no control over the cost of labor, materials, equipment, or
services furnished by others, or over contractors’ methods of determining prices, or over
competitive bidding or market conditions, Engineer cannot and does not guarantee that
proposals, bids, or actual Construction Cost will not vary from opinions of probable
Construction Cost prepared by Engineer.  If Owner requires greater assurance as to
probable Construction Cost, then Owner agrees to obtain an independent cost estimate.
5.02 Designing to Construction Cost Limit
A. If a Construction Cost limit is established between Owner and Engineer, such Construction
Cost limit and a statement of Engineer’s rights and responsibilities with respect thereto will
be specifically set forth in Exhibit F to this Agreement.
5.03 Opinions of Total Project Costs
A. The services, if any, of Engineer with respect to Total Project Costs shall be limited to
assisting the Owner in tabulating the various categories that comprise Total Project Costs.

Engineer assumes no responsibility for the accuracy of any opinions of Total Project Costs.
ARTICLE 6 –  GENERAL CONSIDERATIONS
6.01 Standards of Performance
A. Standard of Care:  The standard of care for all professional engineering and related services
performed or furnished by Engineer under this Agreement will be the care and skill
ordinarily used by members of the subject profession practicing under similar circumstances
at the same time and in the same locality.  Engineer makes no warranties, express or
implied, under this Agreement or otherwise, in connection with any services performed or
furnished by Engineer.
B. Technical Accuracy:  Owner shall not be responsible for discovering deficiencies in the
technical accuracy of Engineer’s services.  Engineer shall correct deficiencies in technical
accuracy without additional compensation, unless such corrective action is directly
attributable to deficiencies in Owner-furnished information.
C. Consultants:  Engineer may retain such Consultants as Engineer deems necessary to assist
in the performance or furnishing of the services, subject to reasonable, timely, and
substantive objections by Owner.
D. Reliance on Others:  Subject to the standard of care set forth in Paragraph 6.01.A, Engineer
and its Consultants may use or rely upon design elements and information ordinarily or
customarily furnished by others, including, but not limited to, specialty contractors,
manufacturers, suppliers, and the publishers of technical standards.
E. Compliance with Laws and Regulations, and Policies and Procedures:


Engineer and Owner shall comply with applicable Laws and Regulations.


Engineer shall comply with any and all policies, procedures, and instructions of Owner that
are applicable to Engineer’s performance of services under this Agreement and that


5.02
5.03
However, because Engineer has no control over the cost of labor, materials, equipment, or
services furnished by others, or over contractors’ methods of determining prices, or over
competitive bidding or market conditions, Engineer cannot and does not guarantee that
proposals, bids, or actual Construction Cost will not vary from opinions of probable
Construction Cost prepared by Engineer. If Owner requires greater assurance as to
probable Construction Cost, then Owner agrees to obtain an independent cost estimate.
Designing to Construction Cost Limit
‘A. Ifa Construction Cost limit is established between Owner and Engineer, such Construction
Cost limit and a statement of Engineer’s rights and responsibilities with respect thereto will
be specifically set forth in Exhibit F to this Agreement.
Opinions of Total Project Costs
‘A. The services, if any, of Engineer with respect to Total Project Costs shall be limited to
assisting the Owner in tabulating the various categories that comprise Total Project Costs.
Engineer assumes no responsibility for the accuracy of any opinions of Total Project Costs.
ARTICLE 6 - GENERAL CONSIDERATIONS
6.01
Standards of Performance
‘A. Standard of Care: The standard of care for all professional engineering and related services
performed or furnished by Engineer under this Agreement will be the care and skill
ordinarily used by members of the subject profession practicing under similar circumstances
at the same time and in the same locality. Engineer makes no warranties, express or
implied, under this Agreement or otherwise, in connection with any services performed or
furnished by Engineer.
B. Technical Accuracy: Owner shall not be responsible for discovering deficiencies in the
technical accuracy of Engineer’s services. Engineer shall correct deficiencies in technical
accuracy without additional compensation, unless such corrective action is directly
attributable to deficiencies in Owner-furnished information,
C. Consultants: Engineer may retain such Consultants as Engineer deems necessary to assist
in the performance or furnishing of the services, subject to reasonable, timely, and
substantive objections by Owner.
D. Reliance on Others: Subject to the standard of care set forth in Paragraph 6.01.A, Engineer
and its Consultants may use or rely upon design elements and information ordin:
customarily furnished by others, including, but not limited to, specialty contractors,
manufacturers, suppliers, and the publishers of technical standards.
E. Compliance with Laws and Regulations, and Policies and Procedures:


_ Engineer and Owner shall comply with applicable Laws and Regulations.


_ Engineer shall comply with any and all policies, procedures, and instructions of Owner that
are applicable to Engineer’s performance of services under this Agreement and that


EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Pagea
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                        Page 5
Owner provides to Engineer in writing, subject to the standard of care set forth in
Paragraph 6.01.A, and to the extent compliance is not inconsistent with professional
practice requirements.

This Agreement is based on Laws and Regulations and Owner-provided written policies
and procedures as of the Effective Date.  The following may be the basis for
modifications to Owner’s responsibilities or to Engineer’s scope of services, times of
performance, or compensation:

a.  changes after the Effective Date to Laws and Regulations;
b.  the receipt by Engineer after the Effective Date of Owner-provided written policies
and procedures;
c. changes after the Effective Date to Owner-provided written policies or procedures.
F. Engineer shall not be required to sign any document, no matter by whom requested, that
would result in the Engineer having to certify, guarantee, or warrant the existence of
conditions whose existence the Engineer cannot ascertain.  Owner agrees not to make
resolution of any dispute with the Engineer or payment of any amount due to the Engineer
in any way contingent upon the Engineer signing any such document.
G. The general conditions for any construction contract documents prepared hereunder are to
be EJCDC® C-700 “Standard General Conditions of the Construction Contract” (2013
Edition), prepared by the Engineers Joint Contract Documents Committee, unless expressly
indicated otherwise in Exhibit J or elsewhere in this Agreement.
H. Engineer shall not at any time supervise, direct, control, or have authority over any
Constructor’s work, nor shall Engineer have authority over or be responsible for the means,
methods, techniques, sequences, or procedures of construction selected or used by any
Constructor, or the safety precautions and programs incident thereto, for security or safety
at the Site, nor for any failure of a Constructor to comply with Laws and Regulations
applicable to that Constructor’s furnishing and performing of its work. Engineer shall not be
responsible for the acts or omissions of any Constructor.
I. Engineer neither guarantees the performance of any Constructor nor assumes responsibility
for any Constructor’s, failure to furnish and perform the Work in accordance with the
Construction Contract Documents.
J. Engineer shall not be responsible for any decision made regarding the Construction Contract
Documents, or any application, interpretation, clarification, or modification of the
Construction Contract Documents, other than those made by Engineer or its Consultants.
K. Engineer is not required to provide and does not have any responsibility for surety bonding
or insurance-related advice, recommendations, counseling, or research, or enforcement of
construction insurance or surety bonding requirements.
L. Engineer’s services do not include providing legal advice or representation.
Owner provides to Engineer in writing, subject to the standard of care set forth in
Paragraph 6.01.A, and to the extent compliance is not inconsistent with professional
practice requirements.
This Agreement is based on Laws and Regulations and Owner-provided written policies
and procedures as of the Effective Date. The following may be the basis for
modifications to Owner’s responsibilities or to Engineer’s scope of services, times of
performance, or compensation:
a. changes after the Effective Date to Laws and Regulations;
b. _ the receipt by Engineer after the Effective Date of Owner-provided written policies
and procedures;
c. changes after the Effective Date to Owner-provided written policies or procedures.
Engineer shall not be required to sign any document, no matter by whom requested, that
would result in the Engineer having to certify, guarantee, or warrant the existence of
conditions whose existence the Engineer cannot ascertain. Owner agrees not to make
resolution of any dispute with the Engineer or payment of any amount due to the Engineer
in any way contingent upon the Engineer signing any such document.
The general conditions for any construction contract documents prepared hereunder are to
be EJCDC® C-700 “Standard General Conditions of the Construction Contract” (2013
Edition), prepared by the Engineers Joint Contract Documents Committee, unless expressly
indicated otherwise in Exhibit J or elsewhere in this Agreement.
Engineer shall not at any time supervise, direct, control, or have authority over any
Constructor’s work, nor shall Engineer have authority over or be responsible for the means,
methods, techniques, sequences, or procedures of construction selected or used by any
Constructor, or the safety precautions and programs incident thereto, for security or safety
at the Site, nor for any failure of a Constructor to comply with Laws and Regulations
applicable to that Constructor’s furnishing and performing of its work. Engineer shall not be,
responsible for the acts or omissions of any Constructor.
Engineer neither guarantees the performance of any Constructor nor assumes responsibility
for any Constructor’s, failure to furnish and perform the Work in accordance with the
Construction Contract Documents.
Engineer shall not be responsible for any decision made regarding the Construction Contract
Documents, or any application, interpretation, clarification, or modification of the
Construction Contract Documents, other than those made by Engineer or its Consultants.
Engineer is not required to provide and does not have any responsibility for surety bonding
or insurance-related advice, recommendations, counseling, or research, or enforcement of
construction insurance or surety bonding requirements.
Engineer’s services do not include providing legal advice or representation.
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Ci
Engineers. All rights reserved. Pages
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                        Page 6
M. Engineer’s services do not include (1) serving as a “municipal advisor” for purposes of the
registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (2010) or the municipal advisor registration rules issued by the
Securities and Exchange Commission, or (2) advising Owner, or any municipal entity or
other person or entity, regarding municipal financial products or the issuance of municipal
securities, including advice with respect to the structure, timing, terms, or other similar
matters concerning such products or issuances.
N. While at the Site, Engineer, its Consultants, and their employees and representatives shall
comply with the applicable requirements of Contractor’s and Owner’s safety programs of
which Engineer has been informed in writing.
6.02 Design Without Construction Phase Services
A. Engineer shall be responsible only for those Construction Phase services expressly required
of Engineer in Exhibit A, Paragraph A1.05.  With the exception of such expressly required
services, Engineer shall have no design, Shop Drawing review, or other obligations during
construction, and Owner assumes all responsibility for the application and interpretation of
the Construction Contract Documents, review and response to Contractor claims,
Construction Contract administration, processing of Change Orders and submittals,
revisions to the Construction Contract Documents during construction, construction
observation and review, review of Contractor’s payment applications, and all other
necessary Construction Phase administrative, engineering, and professional services.

Owner waives all claims against the Engineer that may be connected in any way to
Construction Phase administrative, engineering, or professional services except for those
services that are expressly required of Engineer in Exhibit A.
6.03 Use of Documents
A. All Documents are instruments of service, and Engineer shall retain an ownership and
property interest therein (including the copyright and the right of reuse at the discretion of
the Engineer) whether or not the Project is completed.
B. If Engineer is required to prepare or furnish Drawings or Specifications under this
Agreement, Engineer shall deliver to Owner at least one original printed record version of
such Drawings and Specifications, signed and sealed according to applicable Laws and
Regulations.
C. Owner may make and retain copies of Documents for information and reference in
connection with the use of the Documents on the Project.  Engineer grants Owner a limited
license to use the Documents on the Project, extensions of the Project, and for related uses
of the Owner, subject to receipt by Engineer of full payment due and owing for all services
relating to preparation of the Documents, and subject to the following limitations:
(1) Owner acknowledges that such Documents are not intended or represented to be
suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner
or others on extensions of the Project, on any other project, or for any other use or purpose,
without written verification or adaptation by Engineer; (2) any such use or reuse, or any
modification of the Documents, without written verification, completion, or adaptation by
Engineer, as appropriate for the specific purpose intended, will be at Owner’s sole risk and
without liability or legal exposure to Engineer or to its officers, directors, members,
Engineer’s services do not include (1) serving as a “municipal advisor” for purposes of the
registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (2010) or the municipal advisor registration rules issued by the
Securities and Exchange Commission, or (2) advising Owner, or any municipal entity or
other person or entity, regarding municipal financial products or the issuance of municipal
securities, including advice with respect to the structure, timing, terms, or other similar
matters concerning such products or issuances.
While at the Site, Engineer, its Consultants, and their employees and representatives shall
comply with the applicable requirements of Contractor’s and Owner’s safety programs of
which Engineer has been informed in writing,
6.02 Design Without Construction Phase Services
A
Engineer shall be responsible only for those Construction Phase services expressly required
of Engineer in Exhibit A, Paragraph A1.05. With the exception of such expressly required
services, Engineer shall have no design, Shop Drawing review, or other obligations during
construction, and Owner assumes all responsibility for the application and interpretation of
the Construction Contract Documents, review and response to Contractor claims,
Construction Contract administration, processing of Change Orders and submittals,
revisions to the Construction Contract Documents during construction, construction
observation and review, review of Contractor’s payment applications, and all other
necessary Construction Phase administrative, engineering, and professional services.
Owner waives all claims against the Engineer that may be connected in any way to
Construction Phase administrative, engineering, or professional services except for those
services that are expressly required of Engineer in Exhibit A.
6.03 Use of Documents
A.
All Documents are instruments of service, and Engineer shall retain an ownership and
property interest therein (including the copyright and the right of reuse at the discretion of
the Engineer) whether or not the Project is completed.
If Engineer is required to prepare or furnish Drawings or Specifications under this
‘Agreement, Engineer shall deliver to Owner at least one original printed record version of
such Drawings and Specifications, signed and sealed according to applicable Laws and
Regulations.
Owner may make and retain copies of Documents for information and reference in
connection with the use of the Documents on the Project. Engineer grants Owner a limited
license to use the Documents on the Project, extensions of the Project, and for related uses
of the Owner, subject to receipt by Engineer of full payment due and owing for all services
relating to preparation of the Documents, and subject to the following limitations:
(1) Owner acknowledges that such Documents are not intended or represented to be
suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner
or others on extensions of the Project, on any other project, or for any other use or purpose,
without written verification or adaptation by Engineer; (2) any such use or reuse, or any
modification of the Documents, without written verification, completion, or adaptation by
Engineer, as appropriate for the specific purpose intended, will be at Owner’s sole risk and
without liability or legal exposure to Engineer or to its officers, directors, members,
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Pageé
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                        Page 7
partners, agents, employees, and Consultants; (3) Owner shall indemnify and hold harmless
Engineer and its officers, directors, members, partners, agents, employees, and Consultants
from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or
resulting from any use, reuse, or modification of the Documents without written
verification, completion, or adaptation by Engineer; and (4) such limited license to Owner
shall not create any rights in third parties.
D. If Engineer at Owner’s request verifies the suitability of the Documents, completes them, or
adapts them for extensions of the Project or for any other purpose, then Owner shall
compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer.
6.04 Electronic Transmittals
A. Owner and Engineer may transmit, and shall accept, Project-related correspondence,
Documents, text, data, drawings, information, and graphics, in electronic media or digital
format, either directly, or through access to a secure Project website, in accordance with a
mutually agreeable protocol.
B. If this Agreement does not establish protocols for electronic or digital transmittals, then
Owner and Engineer may jointly develop such protocols.
C. When transmitting items in electronic media or digital format, the transmitting party makes
no representations as to long term compatibility, usability, or readability of the items
resulting from the recipient’s use of software application packages, operating systems, or
computer hardware differing from those used in the drafting or transmittal of the items, or
from those established in applicable transmittal protocols.
6.05 Insurance
A. Engineer shall procure and maintain insurance as set forth in Exhibit G. Engineer shall cause
Owner to be listed as an additional insured on any applicable general liability insurance
policy carried by Engineer.
B. Owner shall procure and maintain insurance as set forth in Exhibit G. Owner shall cause
Engineer and its Consultants to be listed as additional insureds on any general liability
policies carried by Owner, which are applicable to the Project.
C. Owner shall require Contractor to purchase and maintain policies of insurance covering
workers’ compensation, general liability, motor vehicle damage and injuries, and other
insurance necessary to protect Owner’s and Engineer’s interests in the Project.  Owner shall
require Contractor to cause Engineer and its Consultants to be listed as additional insureds
with respect to such liability insurance purchased and maintained by Contractor for the
Project.
D. Owner and Engineer shall each deliver to the other certificates of insurance evidencing the
coverages indicated in Exhibit G.  Such certificates shall be furnished prior to
commencement of Engineer’s services and at renewals thereafter during the life of the
Agreement.
partners, agents, employees, and Consultants; (3) Owner shall indemnify and hold harmless
Engineer and its officers, directors, members, partners, agents, employees, and Consultants
from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or
resulting from any use, reuse, or modification of the Documents without written
verification, completion, or adaptation by Engineer; and (4) such limited license to Owner
shall not create any rights in third parties.
If Engineer at Owner’s request verifies the suitability of the Documents, completes them, or
adapts them for extensions of the Project or for any other purpose, then Owner shall
compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer.
6.04 Electronic Transmittals
A.
‘Owner and Engineer may transmit, and shall accept, Project-related correspondence,
Documents, text, data, drawings, information, and graphics, in electronic media or digital
format, either directly, or through access to a secure Project website, in accordance with a
mutually agreeable protocol.
If this Agreement does not establish protocols for electronic or digital transmittals, then
Owner and Engineer may jointly develop such protocols.
When transmitting items in electronic media or digital format, the transmitting party makes
no representations as to long term compatibility, usability, or readability of the items
resulting from the recipient’s use of software application packages, operating systems, or
computer hardware differing from those used in the drafting or transmittal of the items, or
from those established in applicable transmittal protocols.
6.05 Insurance
A
Engineer shall procure and maintain insurance as set forth in Exhibit G. Engineer shall cause
Owner to be listed as an additional insured on any applicable general liability insurance
policy carried by Engineer.
‘Owner shall procure and maintain insurance as set forth in Exhibit G. Owner shall cause
Engineer and its Consultants to be listed as additional insureds on any general liability
policies carried by Owner, which are applicable to the Project.
‘Owner shall require Contractor to purchase and maintain policies of insurance covering
workers’ compensation, general liability, motor vehicle damage and injuries, and other
insurance necessary to protect Owner’s and Engineer’s interests in the Project. Owner shall
require Contractor to cause Engineer and its Consultants to be listed as additional insureds
with respect to such liability insurance purchased and maintained by Contractor for the
Project.
‘Owner and Engineer shall each deliver to the other certificates of insurance evidencing the
coverages indicated in Exhibit G. Such certificates shall be furnished prior to
commencement of Engineer’s services and at renewals thereafter during the life of the
‘Agreement.
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Ci
Engineers. All rights reserved. Page?
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                        Page 8
E. All policies of property insurance relating to the Project, including but not limited to any
builder’s risk policy, shall allow for waiver of subrogation rights and contain provisions to
the effect that in the event of payment of any loss or damage the insurers will have no rights
of recovery against any insured thereunder or against Engineer or its Consultants. Owner
and Engineer waive all rights against each other, Contractor, the Consultants, and the
respective officers, directors, members, partners, employees, agents, consultants, and
subcontractors of each and any of them, for all losses and damages caused by, arising out
of, or resulting from any of the perils or causes of loss covered by any builder’s risk policy
and any other property insurance relating to the Project. Owner and Engineer shall take
appropriate measures in other Project-related contracts to secure waivers of rights
consistent with those set forth in this paragraph.
F. All policies of insurance shall contain a provision or endorsement that the coverage afforded
will not be canceled or reduced in limits by endorsement, and that renewal will not be
refused, until at least 10 days prior written notice has been given to the primary insured.
Upon receipt of such notice, the receiving party shall promptly forward a copy of the notice
to the other party to this Agreement.
G. At any time, Owner may request that Engineer or its Consultants, at Owner’s sole expense,
provide additional insurance coverage, increased limits, or revised deductibles that are
more protective than those specified in Exhibit G.  If so requested by Owner, and if
commercially available, Engineer shall obtain and shall require its Consultants to obtain such
additional insurance coverage, different limits, or revised deductibles for such periods of
time as requested by Owner, and Exhibit G will be supplemented to incorporate these
requirements.
6.06 Suspension and Termination
A. Suspension:


By Owner:  Owner may suspend the Project for up to 90 days upon seven days written
notice to Engineer.


By Engineer:  Engineer may, after giving seven days written notice to Owner, suspend
services under this Agreement if Owner has failed to pay Engineer for invoiced services
and expenses, as set forth in Paragraph 4.02.B, or in response to the presence of
Constituents of Concern at the Site, as set forth in Paragraph 6.10.D.


B. Termination:  The obligation to provide further services under this Agreement may be
terminated:

For cause,

a. by either party upon 30 days written notice in the event of substantial failure by the
other party to perform in accordance with the terms hereof through no fault of the
terminating party.
b. by Engineer:
E. All policies of property insurance relating to the Project, including but not limited to any
builder’s risk policy, shall allow for waiver of subrogation rights and contain provisions to
the effect that in the event of payment of any loss or damage the insurers will have no rights
of recovery against any insured thereunder or against Engineer or its Consultants. Owner
and Engineer waive all rights against each other, Contractor, the Consultants, and the
respective officers, directors, members, partners, employees, agents, consultants, and
subcontractors of each and any of them, for all losses and damages caused by, arising out
of, or resulting from any of the perils or causes of loss covered by any builder’s risk policy
and any other property insurance relating to the Project. Owner and Engineer shall take
appropriate measures in other Project-related contracts to secure waivers of rights
consistent with those set forth in this paragraph.
F. _Allpolicies of insurance shall contain a provision or endorsement that the coverage afforded
will not be canceled or reduced in limits by endorsement, and that renewal will not be
refused, until at least 10 days prior written notice has been given to the primary insured,
Upon receipt of such notice, the receiving party shall promptly forward a copy of the notice
to the other party to this Agreement.
G. Atany time, Owner may request that Engineer or its Consultants, at Owner’s sole expense,
provide additional insurance coverage, increased limits, or revised deductibles that are
more protective than those specified in Exhibit G. If so requested by Owner, and if
commercially available, Engineer shall obtain and shall require its Consultants to obtain such
additional insurance coverage, different limits, or revised deductibles for such periods of
time as requested by Owner, and Exhibit G will be supplemented to incorporate these
requirements.
6.06 Suspension and Termination
‘A. Suspension:


By Owner: Owner may suspend the Project for up to 90 days upon seven days written
notice to Engineer.


By Engineer: Engineer may, after giving seven days written notice to Owner, suspend
services under this Agreement if Owner has failed to pay Engineer for invoiced services
and expenses, as set forth in Paragraph 4.02.8, or in response to the presence of
Constituents of Concern at the Site, as set forth in Paragraph 6.10.0.


Termination: The obligation to provide further services under this Agreement may be
terminated:

For cause,

a. by either party upon 30 days written notice in the event of substantial failure by the
other party to perform in accordance with the terms hereof through no fault of the
terminating party
b. by Engineer:
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Pages
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                        Page 9


upon seven days written notice if Owner demands that Engineer furnish or
perform services contrary to Engineer’s responsibilities as a licensed
professional; or


upon seven days written notice if the Engineer’s services for the Project are
delayed or suspended for more than 90 days for reasons beyond Engineer’s
control, or as the result of the presence at the Site of undisclosed Constituents
of Concern, as set forth in Paragraph 6.10.D.


Engineer shall have no liability to Owner on account of such termination.


c. Notwithstanding the foregoing, this Agreement will not terminate under
Paragraph 6.06.B.1.a if the party receiving such notice begins, within seven days of
receipt of such notice, to correct its substantial failure to perform and proceeds
diligently to cure such failure within no more than 30 days of receipt thereof;
provided, however, that if and to the extent such substantial failure cannot be
reasonably cured within such 30 day period, and if such party has diligently
attempted to cure the same and thereafter continues diligently to cure the same,
then the cure period provided for herein shall extend up to, but in no case more than,
60 days after the date of receipt of the notice.

For convenience, by Owner effective upon Engineer’s receipt of notice from Owner.

C. Effective Date of Termination:  The terminating party under Paragraph 6.06.B may set the
effective date of termination at a time up to 30 days later than otherwise provided to allow
Engineer to demobilize personnel and equipment from the Site, to complete tasks whose
value would otherwise be lost, to prepare notes as to the status of completed and
uncompleted tasks, and to assemble Project materials in orderly files.
D. Payments Upon Termination:


In the event of any termination under Paragraph 6.06, Engineer will be entitled to invoice
Owner and to receive full payment for all services performed or furnished in accordance
with this Agreement and all Reimbursable Expenses incurred through the effective date
of termination.  Upon making such payment, Owner shall have the limited right to the use
of Documents, at Owner’s sole risk, subject to the provisions of Paragraph 6.03.


In the event of termination by Owner for convenience or by Engineer for cause, Engineer
shall be entitled, in addition to invoicing for those items identified in Paragraph 6.06.D.1,
to invoice Owner and receive payment of a reasonable amount for services and expenses
directly attributable to termination, both before and after the effective date of
termination, such as reassignment of personnel, costs of terminating contracts with
Engineer’s Consultants, and other related close-out costs, using methods and rates for
Additional Services as set forth in Exhibit C.


6.07 Controlling Law
A. This Agreement is to be governed by the Laws and Regulations of the state in which the
Project is located.


_ upon seven days written notice if Owner demands that Engineer furnish or
perform services contrary to Engineer’s responsibilities as a licensed
professional; or


upon seven days written notice if the Engineer’s services for the Project are
delayed or suspended for more than 90 days for reasons beyond Engineer’s
control, or as the result of the presence at the Site of undisclosed Constituents
of Concern, as set forth in Paragraph 6.10.D.


Engineer shall have no liability to Owner on account of such termination.


©. Notwithstanding the foregoing, this Agreement will not terminate under
Paragraph 6.06.B.1.a if the party receiving such notice begins, within seven days of
receipt of such notice, to correct its substantial failure to perform and proceeds
diligently to cure such failure within no more than 30 days of receipt thereof;
provided, however, that if and to the extent such substantial failure cannot be
reasonably cured within such 30 day period, and if such party has diligently
attempted to cure the same and thereafter continues diligently to cure the same,
then the cure period provided for herein shall extend up to, but in no case more than,
60 days after the date of receipt of the notice

For convenience, by Owner effective upon Engineer’s receipt of notice from Owner.

Effective Date of Termination: The terminating party under Paragraph 6.06.8 may set the
effective date of termination at a time up to 30 days later than otherwise provided to allow
Engineer to demobilize personnel and equipment from the Site, to complete tasks whose
value would otherwise be lost, to prepare notes as to the status of completed and
uncompleted tasks, and to assemble Project materials in orderly files.
D. Payments Upon Termination.


Inthe event of any termination under Paragraph 6.06, Engineer will be entitled to invoice
Owner and to receive full payment for all services performed or furnished in accordance
with this Agreement and all Reimbursable Expenses incurred through the effective date
of termination. Upon making such payment, Owner shall have the limited right to the use
of Documents, at Owner’s sole risk, subject to the provisions of Paragraph 6.03.


_ Inthe event of termination by Owner for convenience or by Engineer for cause, Engineer
shall be entitled, in addition to invoicing for those items identified in Paragraph 6.06.D.1,
to invoice Owner and receive payment of a reasonable amount for services and expenses
directly attributable to termination, both before and after the effective date of
termination, such as reassignment of personnel, costs of terminating contracts with
Engineer’s Consultants, and other related close-out costs, using methods and rates for
Additional Services as set forth in Exhibit C.


6.07 Controlling Law
‘A. This Agreement is to be governed by the Laws and Regulations of the state in which the
Project is located.
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Pages
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                        Page 10
6.08 Successors, Assigns, and Beneficiaries
A. Owner and Engineer are hereby bound and the successors, executors, administrators, and
legal representatives of Owner and Engineer (and to the extent permitted by Paragraph
6.08.B the assigns of Owner and Engineer) are hereby bound to the other party to this
Agreement and to the successors, executors, administrators and legal representatives (and
said assigns) of such other party, in respect of all covenants, agreements, and obligations of
this Agreement.
B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest
(including, but without limitation, money that is due or may become due) in this Agreement
without the written consent of the other party, except to the extent that any assignment,
subletting, or transfer is mandated by law.  Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge the assignor from
any duty or responsibility under this Agreement.
C. Unless expressly provided otherwise in this Agreement:


Nothing in this Agreement shall be construed to create, impose, or give rise to any duty
owed by Owner or Engineer to any Constructor, other third-party individual or entity, or
to any surety for or employee of any of them.


All duties and responsibilities undertaken pursuant to this Agreement will be for the sole
and exclusive benefit of Owner and Engineer and not for the benefit of any other party.


Owner agrees that the substance of the provisions of this Paragraph 6.08.C shall appear
in the Construction Contract Documents.


6.09 Dispute Resolution
A. Owner and Engineer agree to negotiate all disputes between them in good faith for a period
of 30 days from the date of notice prior to invoking the procedures of Exhibit H or other
provisions of this Agreement, or exercising their rights at law.
B. If the parties fail to resolve a dispute through negotiation under Paragraph 6.09.A, then
either or both may invoke the procedures of Exhibit H.  If Exhibit H is not included, or if no
dispute resolution method is specified in Exhibit H, then the parties may exercise their rights
at law.
6.10 Environmental Condition of Site
A. Owner represents to Engineer that as of the Effective Date to the best of Owner’s
knowledge no Constituents of Concern, other than those disclosed in writing to Engineer,
exist at or adjacent to the Site.
B. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then
Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer
reasonably concludes that doing so is required by applicable Laws or Regulations.
6.08 Successors, Assigns, and Beneficiaries
A
‘Owner and Engineer are hereby bound and the successors, executors, administrators, and
legal representatives of Owner and Engineer (and to the extent permitted by Paragraph
6.08.8 the assigns of Owner and Engineer) are hereby bound to the other party to t
‘Agreement and to the successors, executors, administrators and legal representatives (and
said assigns) of such other party, in respect of all covenants, agreements, and obligations of
this Agreement.
Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest
(including, but without limitation, money that is due or may become due) in this Agreement
without the written consent of the other party, except to the extent that any assignment,
subletting, or transfer is mandated by law. Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge the assignor from
any duty or responsibility under this Agreement.
Unless expressly provided otherwise in this Agreement:
Nothing in this Agreement shall be construed to create, impose, or give rise to any duty
‘owed by Owner or Engineer to any Constructor, other third-party individual or entity, or
to any surety for or employee of any of them.
All duties and responsibilities undertaken pursuant to this Agreement will be for the sole
and exclusive benefit of Owner and Engineer and not for the benefit of any other party.
Owner agrees that the substance of the provisions of this Paragraph 6.08.C shall appear
in the Construction Contract Documents.
6.09 Dispute Resolution
A
‘Owner and Engineer agree to negotiate all disputes between them in good faith for a period
of 30 days from the date of notice prior to invoking the procedures of Exhibit H or other
provisions of this Agreement, or exercising their rights at law.
If the parties fail to resolve a dispute through negotiation under Paragraph 6.09.A, then
either or both may invoke the procedures of Exhibit H. If Exhibit H is not included, or if no
dispute resolution method is specified in Exhibit H, then the parties may exercise their rights
at law.
6.10 Environmental Condition of Site
A
Owner represents to Engineer that as of the Effective Date to the best of Owner’s
knowledge no Constituents of Concern, other than those disclosed in writing to Engineer,
exist at or adjacent to the Site.
If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then
Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer
reasonably concludes that doing so is required by applicable Laws or Regulations.
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 10
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                        Page 11
C. It is acknowledged by both parties that Engineer’s scope of services does not include any
services related to unknown or undisclosed Constituents of Concern.  If Engineer or any
other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, then
Owner shall promptly determine whether to retain a qualified expert to evaluate such
condition or take any necessary corrective action.
D. If investigative or remedial action, or other professional services, are necessary with respect
to undisclosed Constituents of Concern, or if investigative or remedial action beyond that
reasonably contemplated is needed to address a disclosed or known Constituent of
Concern, then Engineer may, at its option and without liability for consequential or any
other damages, suspend performance of services on the portion of the Project affected
thereby until such portion of the Project is no longer affected.
E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the
performance of Engineer’s services under this Agreement, then the Engineer shall have the
option of (1) accepting an equitable adjustment in its compensation or in the time of
completion, or both; or (2) terminating this Agreement for cause on seven days notice.
F. Owner acknowledges that Engineer is performing professional services for Owner and that
Engineer is not and shall not be required to become an “owner,” “arranger,” “operator,”
“generator,” or “transporter” of hazardous substances, as defined in the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are
or may be encountered at or near the Site in connection with Engineer’s activities under
this Agreement.
6.11 Indemnification and Mutual Waiver
A. Indemnification by Engineer:  To the fullest extent permitted by Laws and Regulations,
Engineer shall indemnify and hold harmless Owner, and Owner’s officers, directors,
members, partners, agents, consultants, and employees, from losses, damages, and
judgments (including reasonable consultants’ and attorneys’ fees and expenses) arising
from third-party claims or actions relating to the Project, provided that any such claim,
action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or
death, or to injury to or destruction of tangible property (other than the Work itself),
including the loss of use resulting therefrom, but only to the extent caused by any negligent
act or omission of Engineer or Engineer’s officers, directors, members, partners, agents,
employees, or Consultants. This indemnification provision is subject to and limited by the
provisions, if any, agreed to by Owner and Engineer in Exhibit I, “Limitations of Liability."
B. Indemnification by Owner:  Owner shall indemnify and hold harmless Engineer and its
officers, directors, members, partners, agents, employees, and Consultants as required by
Laws and Regulations and to the extent (if any) required in Exhibit I, “Limitations of
Liability.”
C. Environmental Indemnification:  To the fullest extent permitted by Laws and Regulations,
Owner shall indemnify and hold harmless Engineer and its officers, directors, members,
partners, agents, employees, and Consultants from all claims, costs, losses, damages,
actions, and judgments (including reasonable consultants’ and attorneys fees and expenses)
caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or
under the Site, provided that (1) any such claim, cost, loss, damages, action, or judgment is
It is acknowledged by both parties that Engineer’s scope of services does not include any
services related to unknown or undisclosed Constituents of Concern. If Engineer or any
other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, then
Owner shall promptly determine whether to retain a qualified expert to evaluate such
condition or take any necessary corrective action.
If investigative or remedial action, or other professional services, are necessary with respect
to undisclosed Constituents of Concern, or if investigative or remedial action beyond that
reasonably contemplated is needed to address a disclosed or known Constituent of
Concern, then Engineer may, at its option and without liability for consequential or any
other damages, suspend performance of services on the portion of the Project affected
thereby until such portion of the Project is no longer affected.
If the presence at the Site of undisclosed Constituents of Concern adversely affects the
performance of Engineer’s services under this Agreement, then the Engineer shall have the
option of (1) accepting an equitable adjustment in its compensation or in the time of
completion, or both; or (2) terminating this Agreement for cause on seven days notice.
‘Owner acknowledges that Engineer is performing professional services for Owner and that
Engineer is not and shall not be required to become an “owner,” “arranger,” “operator,”
“generator,” or “transporter” of hazardous substances, as defined in the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are
or may be encountered at or near the Site in connection with Engineer’s activities under
this Agreement.
6.11 Indemnification and Mutual Waiver
A.
Indemnification by Engineer: To the fullest extent permitted by Laws and Regulations,
Engineer shall indemnify and hold harmless Owner, and Owner’s officers, directors,
members, partners, agents, consultants, and employees, from losses, damages, and
judgments (including reasonable consultants’ and attorneys’ fees and expenses) arising
from third-party claims or actions relating to the Project, provided that any such claim,
action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or
death, or to injury to or destruction of tangible property (other than the Work itself),
including the loss of use resulting therefrom, but only to the extent caused by any negligent
act or omission of Engineer or Engineer’s officers, directors, members, partners, agents,
employees, or Consultants. This indemnification provision is subject to and limited by the
provisions, if any, agreed to by Owner and Engineer in Exhibit I, “Limitations of Liability."
Indemnification by Owner: Owner shall indemnify and hold harmless Engineer and its
officers, directors, members, partners, agents, employees, and Consultants as required by
Laws and Regulations and to the extent (if any) required in Exhibit |, “Limitations of
Liability.”
Environmental Indemnification: To the fullest extent permitted by Laws and Regulations,
Owner shall indemnify and hold harmless Engineer and its officers, directors, members,
partners, agents, employees, and Consultants from all claims, costs, losses, damages,
actions, and judgments (including reasonable consultants’ and attorneys fees and expenses)
caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or
under the Site, provided that (1) any such claim, cost, loss, damages, action, or judgment is,
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 11,
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                        Page 12
attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of
tangible property (other than the Work itself), including the loss of use resulting therefrom,
and (2) nothing in this paragraph shall obligate Owner to indemnify any individual or entity
from and against the consequences of that individual’s or entity’s own negligence or willful
misconduct.
D. No Defense Obligation:  The indemnification commitments in this Agreement do not include
a defense obligation by the indemnitor unless such obligation is expressly stated.
E. Percentage Share of Negligence:  To the fullest extent permitted by Laws and Regulations,

a party’s total liability to  the other party and anyone claiming by, through, or under the
other party for any  cost, loss, or damages caused in part by the negligence of the party and
in part by the negligence of  the other party or any other negligent entity or individual, shall
not exceed the percentage share that the party’s negligence bears to the total negligence
of Owner, Engineer, and all other negligent entities and individuals.
F. Mutual Waiver:  To the fullest extent permitted by Laws and Regulations, Owner and
Engineer waive against each other, and the other’s employees, officers, directors, members,
agents, insurers, partners, and consultants, any and all claims for or entitlement to special,
incidental, indirect, or consequential damages arising out of, resulting from, or in any way
related to this Agreement or the Project, from any cause or causes.
6.12 Records Retention
A. Engineer shall maintain on file in legible form, for a period of five years following completion
or termination of its services, all Documents, records (including cost records), and design
calculations related to Engineer’s services or pertinent to Engineer’s performance under this
Agreement.  Upon Owner’s request, Engineer shall provide a copy of any such item to
Owner at cost.
6.13 Miscellaneous Provisions
A. Notices:  Any notice required under this Agreement will be in writing, addressed to the
appropriate party at its address on the signature page and given personally, by registered
or certified mail postage prepaid, or by a commercial courier service.  All notices shall be
effective upon the date of receipt.
B. Survival:  All express representations, waivers, indemnifications, and limitations of liability
included in this Agreement will survive its completion or termination for any reason.
C. Severability:  Any provision or part of the Agreement held to be void or unenforceable under
any Laws or Regulations shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon Owner and Engineer, which agree that the Agreement
shall be reformed to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the intention of the
stricken provision.
D. Waiver:  A party’s non-enforcement of any provision shall not constitute a waiver of that
provision, nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of
tangible property (other than the Work itself), including the loss of use resulting therefrom,
and (2) nothing in this paragraph shall obligate Owner to indemnify any individual or entity
from and against the consequences of that individual’s or entity’s own negligence or willful
misconduct.
‘No Defense Obligation: The indemnification commitments in this Agreement do not include
a defense obligation by the indemnitor unless such obligation is expressly stated.
Percentage Share of Negligence: To the fullest extent permitted by Laws and Regulations,
a party’s total liability to the other party and anyone claiming by, through, or under the
other party for any cost, loss, or damages caused in part by the negligence of the party and
in part by the negligence of the other party or any other negligent entity or individual, shall
not exceed the percentage share that the party’s negligence bears to the total negligence
of Owner, Engineer, and all other negligent entities and individuals.
Mutual Waiver: To the fullest extent permitted by Laws and Regulations, Owner and
Engineer waive against each other, and the other’s employees, officers, directors, members,
agents, insurers, partners, and consultants, any and all claims for or entitlement to special,
incidental, indirect, or consequential damages arising out of, resulting from, or in any way
related to this Agreement or the Project, from any cause or causes.
6.12 Records Retention
A.
Engineer shall maintain on file in legible form, for a period of five years following completion
or termination of its services, all Documents, records (including cost records), and design
calculations related to Engineer’s services or pertinent to Engineer’s performance under this
‘Agreement. Upon Owner’s request, Engineer shall provide a copy of any such item to
Owner at cost.
6.13 Miscellaneous Provisions
A.
Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at its address on the signature page and given personally, by registered
or certified mail postage prepaid, or by a commercial courier service. All notices shall be
effective upon the date of receipt.
Survival: All express representations, waivers, indemnifications, and limitations of liability
included in this Agreement will survive its completion or termination for any reason.
Severability: Any provision or part of the Agreement held to be void or unenforceable under
any Laws or Regulations shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon Owner and Engineer, which agree that the Agreement
shall be reformed to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the intention of the
stricken provision.
Waiver: A party’s non-enforcement of any provision shall not constitute a waiver of that
provision, nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 12,
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                        Page 13
E. Accrual of Claims:  To the fullest extent permitted by Laws and Regulations, all causes of
action arising under this Agreement shall be deemed to have accrued, and all statutory
periods of limitation shall commence, no later than the date of Substantial Completion.
ARTICLE 7 –  DEFINITIONS
7.01 Defined Terms
A. Wherever used in this Agreement (including the Exhibits hereto) terms (including the
singular and plural forms) printed with initial capital letters have the meanings indicated in
the text above, in the exhibits, or in the following definitions:


Addenda—Written or graphic instruments issued prior to the opening of bids which
clarify, correct, or change the bidding requirements or the proposed Construction
Contract Documents.


Additional Services—The services to be performed for or furnished to Owner by Engineer
in accordance with Part 2 of Exhibit A of this Agreement.


Agreement—This written contract for professional services between Owner and Engineer,
including all exhibits identified in Paragraph 8.01 and any duly executed amendments.


Application for Payment—The form acceptable to Engineer which is to be used by
Contractor during the course of the Work in requesting progress or final payments and
which is to be accompanied by such supporting documentation as is required by the
Construction Contract.


Basic Services—The services to be performed for or furnished to Owner by Engineer in
accordance with Part 1 of Exhibit A of this Agreement.


Change Order—A document which is signed by Contractor and Owner and authorizes an
addition, deletion, or revision in the Work or an adjustment in the Construction Contract
Price or the Construction Contract Times, or other revision to the Construction Contract,
issued on or after the effective date of the Construction Contract.


Change Proposal—A written request by Contractor, duly submitted in compliance with
the procedural requirements set forth in the Construction Contract, seeking an
adjustment in Construction Contract Price or Construction Contract Times, or both;
contesting an initial decision by Engineer concerning the requirements of the Construction
Contract Documents or the acceptability of Work under the Construction Contract
Documents; challenging a set-off against payments due; or seeking other relief with
respect to the terms of the Construction Contract.


Constituent of Concern—Asbestos, petroleum, radioactive material, polychlorinated
biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material
of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to
(a) the Comprehensive Environmental Response, Compensation and Liability Act, 42
U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49
U.S.C. §§5501 et seq.; © the Resource Conservation and Recovery Act, 42 U.S.C. §§6901
et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the


E. Accrual of Claims: To the fullest extent permitted by Laws and Regulations, all causes of
action arising under this Agreement shall be deemed to have accrued, and all statutory
periods of limitation shall commence, no later than the date of Substantial Completion.
ARTICLE 7 - DEFINITIONS
7.01 Defined Terms
‘A. Wherever used in this Agreement (including the Exhibits hereto) terms (including the
singular and plural forms) printed with initial capital letters have the meanings indicated in
the text above, in the exhibits, or in the following definitions:


Addenda—Written or graphic instruments issued prior to the opening of bids which
clarify, correct, or change the bidding requirements or the proposed Construction
Contract Documents.


Additional Services—The services to be performed for or furnished to Owner by Engineer
in accordance with Part 2 of Exhibit A of this Agreement.


Agreement—This written contract for professional services between Owner and Engineer,
including all exhibits identified in Paragraph 8.01 and any duly executed amendments.


4, Application for Payment—The form acceptable to Engineer which is to be used by
Contractor during the course of the Work in requesting progress or final payments and
which is to be accompanied by such supporting documentation as is required by the
Construction Contract.


Basic Services—The services to be performed for or furnished to Owner by Engineer in
accordance with Part 1 of Exhibit A of this Agreement.


Change Order—A document which is signed by Contractor and Owner and authorizes an
addition, deletion, or revision in the Work or an adjustment in the Construction Contract
Price or the Construction Contract Times, or other revision to the Construction Contract,
issued on or after the effective date of the Construction Contract.


Change Proposal—A written request by Contractor, duly submitted in compliance with
the procedural requirements set forth in the Construction Contract, seeking an
adjustment in Construction Contract Price or Construction Contract Times, or both;
contesting an initial decision by Engineer concerning the requirements of the Construction
Contract Documents or the acceptability of Work under the Construction Contract
Documents; challenging a set-off against payments due; or seeking other relief with
respect to the terms of the Construction Contract.


Constituent of Concern—Asbestos, petroleum, radioactive material, polychlorinated
biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material
of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to
(a) the Comprehensive Environmental Response, Compensation and Liability Act, 42
U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49
U.S.C. §§5501 et seq; © the Resource Conservation and Recovery Act, 42 U.S.C. §§6901
et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the


EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 13,
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                        Page 14
Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.;
or (g) any other federal, State, or local statute, law, rule, regulation, ordinance, resolution,
code, order, or decree regulating, relating to, or imposing liability or standards of conduct
concerning, any hazardous, toxic, or dangerous waste, substance, or material.


Construction Contract—The entire and integrated written contract between the Owner
and Contractor concerning the Work.


Construction Contract Documents—Those items designated as “Contract Documents” in
the Construction Contract, and which together comprise the Construction Contract.


Construction Contract Price—The money that Owner has agreed to pay Contractor for
completion of the Work in accordance with the Construction Contract Documents.


Construction Contract Times—The number of days or the dates by which Contractor shall:

(a) achieve milestones, if any, in the Construction Contract; (b) achieve Substantial
Completion; and © complete the Work.


Construction Cost—The cost to Owner of the construction of those portions of the entire
Project designed or specified by or for Engineer under this Agreement, including
construction labor, services, materials, equipment, insurance, and bonding costs, and
allowances for contingencies.  Construction Cost does not include costs of services of
Engineer or other design professionals and consultants; cost of land or rights-of-way, or
compensation for damages to property; Owner’s costs for legal, accounting, insurance
counseling, or auditing services; interest or financing charges incurred in connection with
the Project; or the cost of other services to be provided by others to Owner. Construction
Cost is one of the items comprising Total Project Costs.


Constructor—Any person or entity (not including the Engineer, its employees, agents,
representatives, and Consultants), performing or supporting construction activities
relating to the Project, including but not limited to Contractors, Subcontractors, Suppliers,
Owner’s work forces, utility companies, other contractors, construction managers, testing
firms, shippers, and truckers, and the employees, agents, and representatives of any or all
of them.


Consultants—Individuals or entities having a contract with Engineer to furnish services
with respect to this Project as Engineer’s independent professional associates and
consultants; subcontractors; or vendors.


Contractor—The entity or individual with which Owner enters into a Construction
Contract.


Documents—Data, reports, Drawings, Specifications, Record Drawings, building
information models, civil integrated management models, and other deliverables,
whether in printed or electronic format, provided or furnished in appropriate phases by
Engineer to Owner pursuant to this Agreement.


Drawings—That part of the Construction Contract Documents that graphically shows the
scope, extent, and character of the Work to be performed by Contractor.











Clean Water Act, 33 U.S.C. §§1251 et seq,;(f) the Clean Air Act, 42 U.S.C. §§7401 et seq.;
or (g) any other federal, State, or local statute, law, rule, regulation, ordinance, resolution,
code, order, or decree regulating, relating to, or imposing liability or standards of conduct
concerning, any hazardous, toxic, or dangerous waste, substance, or material
Construction Contract—The entire and integrated written contract between the Owner
and Contractor concerning the Work.
Construction Contract Documents—Those items designated as “Contract Documents” in
the Construction Contract, and which together comprise the Construction Contract.
Construction Contract Price—The money that Owner has agreed to pay Contractor for
completion of the Work in accordance with the Construction Contract Documents.
Construction Contract Times—The number of days or the dates by which Contractor shall:
(2) achieve milestones, if any, in the Construction Contract; (b) achieve Substantial
Completion; and © complete the Work.
Construction Cost—The cost to Owner of the construction of those portions of the entire
Project designed or specified by or for Engineer under this Agreement, including
construction labor, services, materials, equipment, insurance, and bonding costs, and
allowances for contingencies. Construction Cost does not include costs of services of
Engineer or other design professionals and consultants; cost of land or rights-of-way, or
‘compensation for damages to property; Owner’s costs for legal, accounting, insurance
counseling, or auditing services; interest or financing charges incurred in connection with
the Project; or the cost of other services to be provided by others to Owner. Construction
Cost is one of the items comprising Total Project Costs.
Constructor—Any person or entity (not including the Engineer, its employees, agents,
representatives, and Consultants), performing or supporting construction activities
relating to the Project, including but not limited to Contractors, Subcontractors, Suppliers,
Owner’s work forces, utility companies, other contractors, construction managers, testing
firms, shippers, and truckers, and the employees, agents, and representatives of any or all
of them.
Consultants—Individuals or entities having a contract with Engineer to furnish services
with respect to this Project as Engineer’s independent professional associates and
consultants; subcontractors; or vendors.
Contractor—The entity or individual with which Owner enters into a Construction
Contract.
Documents—Data, reports, Drawings, Specifications, Record Drawings, building
information models, civil integrated management models, and other deliverables,
whether in printed or electronic format, provided or furnished in appropriate phases by
Engineer to Owner pursuant to this Agreement.
Drawings—That part of the Construction Contract Documents that graphically shows the
scope, extent, and character of the Work to be performed by Contractor.
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 14
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                        Page 15


Effective Date—The date indicated in this Agreement on which it becomes effective, but
if no such date is indicated, the date on which this Agreement is signed and delivered by
the last of the parties to sign and deliver.


Engineer—The individual or entity named as such in this Agreement.


Field Order—A written order issued by Engineer which requires minor changes in the
Work but does not change the Construction Contract Price or the Construction Contract
Times.


Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules,
regulations, ordinances, codes, and orders of any and all governmental bodies, agencies,
authorities, and courts having jurisdiction.


Owner—The individual or entity named as such in this Agreement and for which
Engineer’s services are to be performed.  Unless indicated otherwise, this is the same
individual or entity that will enter into any Construction Contracts concerning the Project.


Project—The total undertaking to be accomplished for Owner by engineers, contractors,
and others, including planning, study, design, construction, testing, commissioning, and
start-up, and of which the services to be performed or furnished by Engineer under this
Agreement are a part.


Record Drawings—Drawings depicting the completed Project, or a specific portion of the
completed Project, prepared by Engineer as an Additional Service and based on
Contractor’s record copy of all Drawings, Specifications, Addenda, Change Orders, Work
Change Directives, Field Orders, and written interpretations and clarifications, as
delivered to Engineer and annotated by Contractor to show changes made during
construction.


Reimbursable Expenses—The expenses incurred directly by Engineer in connection with
the performing or furnishing of Basic Services and Additional Services for the Project.


Resident Project Representative—The authorized representative of Engineer assigned to
assist Engineer at the Site during the Construction Phase.  As used herein, the term
Resident Project Representative or “RPR” includes any assistants or field staff of Resident
Project Representative. The duties and responsibilities of the Resident Project
Representative, if any, are as set forth in Exhibit D.


Samples—Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and that establish the standards by which
such portion of the Work will be judged.


Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or
information that are specifically prepared or assembled by or for Contractor and
submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether
approved or not, are not Drawings and are not Construction Contract Documents.


Site—Lands or areas to be indicated in the Construction Contract Documents as being
furnished by Owner upon which the Work is to be performed, including rights-of-way and







24,








Effective Date—The date indicated in this Agreement on which it becomes effective, but
if no such date is indicated, the date on which this Agreement is signed and delivered by
the last of the parties to sign and deliver.
Engineer—The individual or entity named as such in this Agreement.
Field Order—A written order issued by Engineer which requires minor changes in the
Work but does not change the Construction Contract Price or the Construction Contract
Times.
Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules,
regulations, ordinances, codes, and orders of any and all governmental bodies, agencies,
authorities, and courts having jurisdiction.
Owner—The individual or entity named as such in this Agreement and for which
Engineer’s services are to be performed. Unless indicated otherwise, this is the same
individual or entity that will enter into any Construction Contracts concerning the Project.
Project—The total undertaking to be accomplished for Owner by engineers, contractors,
and others, including planning, study, design, construction, testing, commissioning, and
start-up, and of which the services to be performed or furnished by Engineer under this
Agreement are a part.
Record Drawings—Drawings depicting the completed Project, or a specific portion of the
completed Project, prepared by Engineer as—anAdditionalService and based on
Contractor’s record copy of all Drawings, Specifications, Addenda, Change Orders, Work
Change Directives, Field Orders, and written interpretations and clarifications, as
delivered to Engineer and annotated by Contractor to show changes made during
construction.
Reimbursable Expenses—The expenses incurred directly by Engineer in connection with
the performing or furnishing of Basic Services and Additional Services for the Project.
Resident Project Representative—The authorized representative of Engineer assigned to
assist Engineer at the Site during the Construction Phase. As used herein, the term
Resident Project Representative or "RPR” includes any assistants or field staff of Resident
Project Representative. The duties and responsibilities of the Resident Project
Representative, if any, are as set forth in Exhibit D.
Samples—Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and that establish the standards by which
such portion of the Work will be judged.
Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or
information that are specifically prepared or assembled by or for Contractor and
submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether
approved or not, are not Drawings and are not Construction Contract Documents.
Site—Lands or areas to be indicated in the Construction Contract Documents as being
furnished by Owner upon which the Work is to be performed, including rights-of-way and
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 15,
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                        Page 16
easements, and such other lands furnished by Owner which are designated for the use of
Contractor.


Specifications—The part of the Construction Contract Documents that consists of written
requirements for materials, equipment, systems, standards, and workmanship as applied
to the Work, and certain administrative requirements and procedural matters applicable
to the Work.


Subcontractor—An individual or entity having a direct contract with Contractor or with
any other Subcontractor for the performance of a part of the Work.


Substantial Completion—The time at which the Work (or a specified part thereof) has
progressed to the point where, in the opinion of Engineer, the Work (or a specified part
thereof) is sufficiently complete, in accordance with the Construction Contract
Documents, so that the Work (or a specified part thereof) can be utilized for the purposes
for which it is intended. The terms “substantially complete” and “substantially completed”
as applied to all or part of the Work refer to Substantial Completion thereof.


Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor
having a direct contract with Contractor or with any Subcontractor to furnish materials or
equipment to be incorporated in the Work by Contractor or a Subcontractor.


Total Project Costs—The total cost of planning, studying, designing, constructing, testing,
commissioning, and start-up of the Project, including Construction Cost and all other
Project labor, services, materials, equipment, insurance, and bonding costs, allowances
for contingencies, and the total costs of services of Engineer or other design professionals
and consultants, together with such other Project-related costs that Owner furnishes for
inclusion, including but not limited to cost of land, rights-of-way, compensation for
damages to properties, Owner’s costs for legal, accounting, insurance counseling, and
auditing services, interest and financing charges incurred in connection with the Project,
and the cost of other services to be provided by others to Owner.


Work—The entire construction or the various separately identifiable parts thereof
required to be provided under the Construction Contract Documents.  Work includes and
is the result of performing or providing all labor, services, and documentation necessary
to produce such construction; furnishing, installing, and incorporating all materials and
equipment into such construction; and may include related services such as testing, start-
up, and commissioning, all as required by the Construction Contract Documents.


Work Change Directive—A written directive to Contractor issued on or after the effective
date of the Construction Contract, signed by Owner and recommended by Engineer,
ordering an addition, deletion, or revision in the Work.


Agency - Virginia Department of Housing and Community Development (DHCD).


B. Day:

The word “day” means a calendar day of 24 hours measured from midnight to the next
midnight.

easements, and such other lands furnished by Owner which are designated for the use of
Contractor.


Specifications—The part of the Construction Contract Documents that consists of written
requirements for materials, equipment, systems, standards, and workmanship as applied
to the Work, and certain administrative requirements and procedural matters applicable
to the Work.


Subcontractor—An individual or entity having a direct contract with Contractor or with
any other Subcontractor for the performance of a part of the Work.


Substantial Completion—The time at which the Work (or a specified part thereof) has
progressed to the point where, in the opinion of Engineer, the Work (or a specified part
thereof) is sufficiently complete, in accordance with the Construction Contract
Documents, so that the Work (or a specified part thereof) can be utilized for the purposes
for which itis intended. The terms “substantially complete” and “substantially completed”
as applied to all or part of the Work refer to Substantial Completion thereof.


34, Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor
having a direct contract with Contractor or with any Subcontractor to furnish materials or
equipment to be incorporated in the Work by Contractor or a Subcontractor.


Total Project Costs—The total cost of planning, studying, designing, constructing, testing,
commissioning, and start-up of the Project, including Construction Cost and all other
Project labor, services, materials, equipment, insurance, and bonding costs, allowances
for contingencies, and the total costs of services of Engineer or other design professionals
and consultants, together with such other Project-related costs that Owner furnishes for
inclusion, including but not limited to cost of land, rights-of-way, compensation for
damages to properties, Owner’s costs for legal, accounting, insurance counseling, and
auditing services, interest and financing charges incurred in connection with the Project,
and the cost of other services to be provided by others to Owner.


Work—The entire construction or the various separately identifiable parts thereof
required to be provided under the Construction Contract Documents. Work includes and
is the result of performing or providing all labor, services, and documentation necessary
to produce such construction; furnishing, installing, and incorporating all materials and
equipment into such construction; and may include related services such as testing, start-
up, and commissioning, all as required by the Construction Contract Documents.


Work Change Directive—A written directive to Contractor issued on or after the effective
date of the Construction Contract, signed by Owner and recommended by Engineer,
ordering an addition, deletion, or revision in the Work.


Agency - Virginia Department of Housing and Community Development (DHCD).


Day:

The word “day” means a calendar day of 24 hours measured from midnight to the next
midnight.

EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 16
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                        Page 17
ARTICLE 8 –  EXHIBITS AND SPECIAL PROVISIONS
8.01 Exhibits Included:
A. Exhibit A, Engineer’s Services.
B. Exhibit B, Owner’s Responsibilities.
C. Exhibit C, Payments to Engineer for Services and Reimbursable Expenses.
D. Exhibit D, Duties, Responsibilities and Limitations of Authority of Resident Project
Representative.  Not Used
E. Exhibit E, Notice of Acceptability of Work.
F. Exhibit F, Construction Cost Limit. Not Used
G. Exhibit G, Insurance.
H. Exhibit H, Dispute Resolution.
I. Exhibit I, Limitations of Liability.
J. Exhibit J, Special Provisions. Not Used
K. Exhibit K, Amendment to Owner-Engineer Agreement.
8.02 Total Agreement
A. This Agreement, (together with the exhibits included above) constitutes the entire
agreement between Owner and Engineer and supersedes all prior written or oral
understandings.  This Agreement may only be amended, supplemented, modified, or
canceled by a written instrument duly executed by both parties. Amendments should be
based whenever possible on the format of Exhibit K to this Agreement.
8.03 Designated Representatives
A. With the execution of this Agreement, Engineer and Owner shall designate specific
individuals to act as Engineer’s and Owner’s representatives with respect to the services to
be performed or furnished by Engineer and responsibilities of Owner under this Agreement.

Such an individual shall have authority to transmit instructions, receive information, and
render decisions relative to this Agreement on behalf of the respective party whom the
individual represents.
8.04 Engineer’s Certifications
A. Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive practices in
competing for or in executing the Agreement.  For the purposes of this Paragraph 8.04:
ARTICLE 8— EXHIBITS AND SPECIAL PROVISIONS
8.01 Exhibits Included:
A
Exhibit A, Engineer’s Services.
Exhibit B, Owner’s Responsibilities.
Exhibit C, Payments to Engineer for Services and Reimbursable Expenses.
Exhibit D, Duties, Responsibilities and Limitations of Authority of Resident Project
Representative. Not Used
Exhibit E, Notice of Acceptability of Work.
Exhibit F, Construction Cost Limit. Not Used
Exhibit G, Insurance.
Exhibit H, Dispute Resolution,
Exhibit I, Limitations of Liability.
Exhibit J, Special Provisions. Not Used
Exhibit K, Amendment to Owner-Engineer Agreement.
8.02 Total Agreement
A
This Agreement, (together with the exhibits included above) constitutes the entire
agreement between Owner and Engineer and supersedes all prior written or oral
understandings. This Agreement may only be amended, supplemented, modified, or
canceled by a written instrument duly executed by both parties. Amendments should be
based whenever possible on the format of Exhibit K to this Agreement.
8.03 Designated Representatives
A.
With the execution of this Agreement, Engineer and Owner shall designate specific
individuals to act as Engineer’s and Owner’s representatives with respect to the services to
be performed or furnished by Engineer and responsibilities of Owner under this Agreement.
Such an individual shall have authority to transmit instructions, receive information, and
render decisions relative to this Agreement on behalf of the respective party whom the
individual represents.
8.04 Engineer’s Certifications
A
Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive practices in
‘competing for or in executing the Agreement. For the purposes of this Paragraph 8.04.
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 17

“corrupt practice" means the offering, gi

receiving, or soliciting of any
likely to influence the action of a public official in the selection process or in the
‘Agreement execution;

“fraudulent practice" means an intentional misrepresentation of facts made (a) to
influence the selection process or the execution of the Agreement to the detriment of
‘Owner, or (b) to deprive Owner of the benefits of free and open competition;

IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is
indicated on page 1.
‘Owner: Russell County Board of Supervisors
Engineer: The washer Grouj Inc
oy: oA
By:
Print name: _Lonzo Lester, MBA, CPC, VCO Print name: Daniel E. Ferrell, PE
Title: Russell County Administrator Title: _Principal
Date Signe DateSigned: 72-2020
Address for Owner’s receipt of notices:
137 Highland Drive
Engineer License of Firm’s Certificate No. (if required):
023968
State
Virgi
Address for Engineer’s receipt of n
155 Blue Angel Lane
Lebanon, Virginia 24266
Beaver, WV 25813
Designated Representative (Paragraph 8.03.A):
Lonzo Lester
Designated Representative (Paragraph 8.03.A):
Zachary Wright
Title: _County Administrator
Title: _Project Manager
Phone Number: _ 276-889-8000
Phone Number: _ 304-731-4054
E-Mail Address: [email protected]
E-Mail Address: [email protected]
EJODC® £-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
‘and American Society of Cwil Engineers. All rights reserved.
Page 18
Exhibit A – Engineer’s Services
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                         Page 1
This is EXHIBIT A, consisting of 17 pages, referred
to in and part of the Agreement between Owner
and Engineer for Professional Services dated

July 2020.
Engineer’s Services
Article 1 of the Agreement is supplemented to include the following agreement of the parties.
Engineer shall provide Basic and Additional Services as set forth below.
PART 1 – BASIC SERVICES
A1.01 Study and Report Phase
A. Engineer shall:

Consult with Owner to define and clarify Owner’s requirements for the Project, including
design objectives and constraints, space, capacity and performance requirements,
flexibility, and expandability, and any budgetary limitations, and identify available data,
information, reports, facilities plans, and site evaluations.

a. If Owner has already identified one or more potential solutions to meet its Project
requirements, then proceed with the study and evaluation of such potential
solutions: N/A
b. In addition, Engineer must identify, study and evaluate multiple potential alternative
solutions potentially available to Owner, unless Owner and Engineer mutually agree
with Agency concurrence that only one feasible solution exists. The number of
alternative solutions should be appropriate to the specific project as concurred in by
the Agency.


Identify potential solution(s) to meet Owner’s Project requirements, as needed.


Study and evaluate the potential solution(s) to meet Owner’s Project requirements.


Visit the Site, or potential Project sites, to review existing conditions and facilities, unless
such visits are not necessary or applicable to meeting the objectives of the Study and
Report Phase.


Advise Owner of any need for Owner to obtain, furnish, or otherwise make available to
Engineer additional Project-related data and information, for  Engineer’s use in the study
and evaluation of potential solution(s) to Owner’s Project requirements, and preparation
of a related report.


After consultation with Owner, recommend to Owner the solution(s) which in Engineer’s
judgment meet Owner’s requirements for the Project.


Identify, consult with, and analyze requirements of governmental authorities having
jurisdiction to approve the portions of the Project to be designed or specified by


This is EXHIBIT A, consisting of 17 pages, referred
to in and part of the Agreement between Owner
and Engineer for Professional Services dated
July 2020.
Engineer’s Services
Article 1 of the Agreement is supplemented to include the following agreement of the parties.
Engineer shall provide Basic and Additional Services as set forth below.
PART 1 - BASIC SERVICES
A101 Study and Report Phase
A
Engineer shall:
1
Consult with Owner to define and clarify Owner’s requirements for the Project, including
design objectives and constraints, space, capacity and performance requirements,
flexibility, and expandability, and any budgetary limitations, and identify available data,
information, reports, facilities plans, and site evaluations.
If Owner has already identified one or more potential solutions to meet its Project
requirements, then proceed with the study and evaluation of such potential
solutions: N/A
In addition, Engineer must identify, study and evaluate multiple potential alternative
solutions potentially available to Owner, unless Owner and Engineer mutually agree
with Agency concurrence that only one feasible solution exists. The number of
alternative solutions should be appropriate to the specific project as concurred in by
the Agency.
Identify potential solution(s) to meet Owner’s Project requirements, as needed.
Study and evaluate the potential solution(s) to meet Owner’s Project requirements.
Visit the Site, or potential Project sites, to review existing conditions and facilities, unless
such visits are not necessary or applicable to meeting the objectives of the Study and
Report Phase.
‘Advise Owner of any need for Owner to obtain, furnish, or otherwise make available to
Engineer additional Project-related data and information, for Engineer’s use in the study
and evaluation of potential solution(s) to Owner’s Project requirements, and preparation
ofa related report.
After consultation with Owner, recommend to Owner the solution(s) which in Engineer’s
judgment meet Owner’s requirements for the Project.
Identify, consult with, and analyze requirements of governmental authorities having
jurisdiction to approve the portions of the Project to be designed or specified by
‘Exhibit A— Engineer’s Services
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
‘and American Society of Civil Engineers. All rights reserved. Paget
Exhibit A – Engineer’s Services
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                         Page 2
Engineer, including but not limited to mitigating measures identified in an environmental
assessment for the Project.


Prepare a report (the “Report”) which will, as appropriate, contain schematic layouts,
sketches, and conceptual design criteria with appropriate exhibits to indicate the agreed-
to requirements, considerations involved, and Engineer’s recommended solution(s). For
each recommended solution Engineer will provide the following, which will be separately
itemized:  opinion of probable Construction Cost; proposed allowances for
contingencies; the estimated total costs of design, professional, and related services to
be provided by Engineer and its Consultants; and, on the basis of information furnished
by Owner, a tabulation of other items and services included within the definition of Total
Project Costs.


Advise Owner of any need for Owner to provide data or services of the types described
in Exhibit B, for use in Project design, or in preparation for Contractor selection and
construction.


When mutually agreed, assist Owner in evaluating the possible use of building
information modeling; civil integrated management; geotechnical baselining of
subsurface site conditions; innovative design, contracting, or procurement strategies; or
other strategies, technologies, or techniques for assisting in the design, construction, and
operation of Owner’s facilities.  The subject matter of this paragraph shall be referred to
in Exhibit A and B as “Project Strategies, Technologies, and Techniques.”


If requested to do so by Owner, assist Owner in identifying opportunities for enhancing
the sustainability of the Project, and pursuant to Owner’s instructions plan for the
inclusion of sustainable features in the design.


Use ASCE 38, “Standard Guideline for the Collection and Depiction of Existing Subsurface
Utility Data” as a means to advise the Owner on a recommended scope of work and
procedure for the identification and mapping of existing utilities.


Develop a scope of work and survey limits for any topographic and other surveys
necessary for design.


Perform or provide the following other Study and Report Phase tasks or deliverables:


Participate in up to two (2) meetings with funding and regulatory agencies to discuss
the proposed project. Thrasher will amend the report based on comments received
from the Board and regulatory agencies.


Furnish [3] review copies of the Report and any other Study and Report Phase
deliverables to Owner within 21  days of the Effective Date and review it with Owner.

Within N/A  days of receipt, Owner shall submit to Engineer any comments regarding
the furnished items.


Revise the Report and any other Study and Report Phase deliverables in response to
Owner’s comments, as appropriate, and furnish [ 3 ] written copies and one electronic
copy of the revised Report and any other Study and Report Phase deliverables to the
Owner within N/A  days of receipt of Owner’s comments.






14,




Engineer, including but not limited to mitigating measures identified in an environmental
assessment for the Project.
Prepare a report (the “Report”) which will, as appropriate, contain schematic layouts,
sketches, and conceptual design criteria with appropriate exhibits to indicate the agreed-
to requirements, considerations involved, and Engineer’s recommended solution(s). For
each recommended solution Engineer will provide the following, which will be separately
itemized: opinion of probable Construction Cost; proposed allowances for
contingencies; the estimated total costs of design, professional, and related services to
be provided by Engineer and its Consultants; and, on the basis of information furnished
by Owner, a tabulation of other items and services included within the definition of Total
Project Costs.
‘Advise Owner of any need for Owner to provide data or services of the types described
in Exhibit B, for use in Project design, or in preparation for Contractor selection and
construction.
When mutually agreed, assist Owner in evaluating the possible use of building
information modeling; civil integrated management; geotechnical baselining of
subsurface site conditions; innovative design, contracting, or procurement strategies; or
other strategies, technologies, or techniques for assisting in the design, construction, and
operation of Owner’s facilities. The subject matter of this paragraph shall be referred to
in Exhibit A and B as “Project Strategies, Technologies, and Techniques.”
If requested to do so by Owner, assist Owner in identifying opportunities for enhancing
the sustainability of the Project, and pursuant to Owner’s instructions plan for the
inclusion of sustainable features in the design.
Use ASCE 38, “Standard Guideline for the Collection and Depiction of Existing Subsurface
Utility Data” as a means to advise the Owner on a recommended scope of work and
procedure for the identification and mapping of existing utilities.
Develop a scope of work and survey limits for any topographic and other surveys
necessary for design.
Perform or provide the following other Study and Report Phase tasks or deliverables:
Participate in up to two (2) meetings with funding and regulatory agencies to discuss
the proposed project. Thrasher will amend the report based on comments received
from the Board and regulatory agencies.
Furnish [3] review copies of the Report and any other Study and Report Phase
deliverables to Owner within 21. days of the Effective Date and review it with Owner.
Within N/A days of receipt, Owner shall submit to Engineer any comments regarding
the furnished items.
Revise the Report and any other Study and Report Phase deliverables in response to
Owner’s comments, as appropriate, and furnish [ 3] written copies and one electronic
copy of the revised Report and any other Study and Report Phase deliverables to the
Owner within N/A days of receipt of Owner’s comments.
‘Exhibit A— Engineer’s Services
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of
Engineers. All rights reserved. Page2
Exhibit A – Engineer’s Services
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                         Page 3
B. Engineer’s services under the Study and Report Phase will be considered complete on the date
when Engineer has delivered to Owner the revised Report and any other Study and Report
Phase deliverables.
A1.02 Preliminary Design Phase
A. After acceptance by Owner and of the Report and any other Study and Report Phase
deliverables; selection by Owner of a recommended solution; issuance by Owner of any
instructions of for use of Project Strategies, Technologies, and Techniques, or for inclusion of
sustainable features in the design; and indication by Owner of any specific modifications or
changes in the scope, extent, character, or design requirements of the Project desired by
Owner, (1) Engineer and Owner shall discuss and resolve any necessary revisions to Engineer’s
compensation (through application of the provisions regarding Additional Services, or
otherwise), or the time for completion of Engineer’s services, resulting from the selected
solution, related Project Strategies, Technologies, or Techniques,  sustainable design
instructions, or specific modifications to the Project, and (2) upon written authorization from
Owner, Engineer shall:


Prepare Preliminary Design Phase documents consisting of final design criteria,
preliminary drawings, outline specifications, and written descriptions of the Project.


In preparing the Preliminary Design Phase documents, use any specific applicable Project
Strategies, Technologies, and Techniques authorized by Owner and Agency during or
following the Study and Report Phase, and include sustainable features, as appropriate,
pursuant to Owner’s instructions.


Provide necessary field surveys and topographic and utility mapping for Engineer’s
design purposes.  Comply with the scope of work and procedure for the identification
and mapping of existing utilities selected and authorized by Owner pursuant to advice
from Engineer based on ASCE 38, “Standard Guideline for the Collection and Depiction
of Existing Subsurface Utility Data,” as set forth in Paragraph A1.01.A.12 above. If no such
scope of work and procedure for utility mapping has been selected and authorized, then
at a minimum the utility mapping will include Engineer contacting utility owners and
obtaining available information.


Visit the Site as needed to prepare the Preliminary Design Phase documents.


Advise Owner if additional reports, data, information, or services of the types described
in Exhibit B are necessary and assist Owner in obtaining such reports, data, information,
or services.


Continue to assist Owner with Project Strategies, Technologies, and Techniques that
Owner has chosen to implement.


Based on the information contained in the Preliminary Design Phase documents, prepare
a revised opinion of probable Construction Cost, and assist Owner in tabulating the
various cost categories which comprise Total Project Costs.


Obtain and review Owner’s instructions regarding Owner’s procurement of construction
services (including instructions regarding advertisements for bids, instructions to


B. Engineer’s services under the Study and Report Phase will be considered complete on the date
when Engineer has delivered to Owner the revised Report and any other Study and Report
Phase deliverables.
A1.02_Preliminary Design Phase
deliverables;-sel by a \ded-selution; by ,
ff op _Fachnol \d-Fechniques,-or for inch 4
45 he-seope, chi ord " the Project-d
{4} pall d-resoh
herwice), fe pl oe resulting from-the-selected
ution,_related_Pi .—Fechnologies,_or—Fechniques, bled
‘Owner Engineershall:
prel a outline specifi and 4 the Bi
horized by cd Ageney- during oF
.d- ape ‘ f d authorized by ”
Existing Subsurface Utlity Data,” acset-forthin Paragraph AL.O1A-12-above-tino-such
pe of workand procedure for utility has-been selected and-authorized, th
obtaining available information.
4. hi ded hy hase
ifadditional: inf : th described
ersenvices,
6. h | Technologies, and-Tech hi
Ownerhas chosen toimplement:
d-op probable and: bulk "
btain-and. rm Js a
‘Exhibit A— Engineer’s Services
EJCDC* €-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 3
Exhibit A – Engineer’s Services
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                         Page 4
bidders, and requests for proposals, as applicable), Owner’s construction contract
practices and requirements, insurance and bonding requirements, electronic
transmittals during construction, and other information necessary for the finalization of
Owner’s bidding-related documents (or requests for proposals or other construction
procurement documents), and Construction Contract Documents. Also obtain and
review copies of Owner’s design and construction standards, Owner’s standard forms,
general conditions (if other than EJCDC® C-700, Standard General Conditions of the
Construction Contract, 2013 Edition), supplementary conditions, text, and related
documents or content for Engineer to include in the draft bidding-related documents (or
requests for proposals or other construction procurement documents), and in the draft
Construction Contract Documents, when applicable.
[Note to User: Some owners prefer to handle the preparation of bidding (procurement)
and construction contract documents with little or no involvement by the Engineer (other
than with respect to Engineer’s preparation or furnishing of the Drawings, Specifications,
and other design and technical documents), relying either on Owner’s in-house staff and
legal counsel for such services, or on third-parties such as a construction manager. When
such is the case, the task item above, and related items in the Final Design Phase
(Paragraph A1.03 below) and in Exhibit B, Owner’s Responsibilities, should be modified
to fit the requirements of the specific project.]


Perform or provide the following other Preliminary Design Phase tasks or deliverables:

[            ] [List any such tasks or deliverables here.]


Furnish [    ] review copies of the Preliminary Design Phase documents, opinion of
probable Construction Cost, and any other Preliminary Design Phase deliverables to
Owner within [    ] days of authorization to proceed with this phase, and review them
with Owner.  Within [    ] days of receipt, Owner shall submit to Engineer any comments
regarding the furnished items.


Revise the Preliminary Design Phase documents, opinion of probable Construction Cost,
and any other Preliminary Design Phase deliverables in response to Owner’s comments,
as appropriate, and furnish to Owner [    ] copies of the revised Preliminary Design Phase
documents, revised opinion of probable Construction Cost, and any other deliverables
within [    ]  days after receipt of Owner’s comments.


B. Engineer’s services under the Preliminary Design Phase will be considered complete on the
date when Engineer has delivered to Owner the revised Preliminary Design Phase documents,
revised opinion of probable Construction Cost, and any other Preliminary Design Phase
deliverables.
A1.03 Final Design Phase
A. After acceptance by Owner of the Preliminary Design Phase documents, revised opinion of
probable Construction Cost as determined in the Preliminary Design Phase, and any other
Preliminary Design Phase deliverables, subject to any Owner-directed modifications or changes
in the scope, extent, character, or design requirements of or for the Project, and upon written
authorization from Owner, Engineer shall:
sd and other ink forthe final f
bidding-related-d ¥ fe 4s-oF-othe y
" ni " dards, dard-forms,
2013 Edition}, suppl ditions, text, and_telated
e fork Jude-in-the draft bidding-related-d 4
"i " do ieh-itele fs by-the-r he
han with Engit Jon-or furnishing-of the Drawit sfleatie
dother-de 1d technical-de J,-relying ith inh feand
legal Horsuchservic hielo 4 Whe
h-At.03-below}-and-in-Exhibit-B, Re i hould-be-modified
9. Perf ide-thefoll her Preliminary Design-Ph ks-oF-deliverabl

Furnish {4 the rel Design Phase-ck q
hin {1} days-of auth .d-with-this phase, be
he Prelit hase-d , -probabl ;
and furnish 4 Ft Brel Design Ph:
hin} days-aft ipt-of
‘ed. probable ad Design-Phi
deliverables:
A the Pret Design Phase , nm q
able t-as-c .d-in-the-Preli Design-Phase–and: %
by Ly a " eB mi

it A~ Engineer’s Services
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
‘and American Society of Civil Engineers. All rights reserved. Page 4
Exhibit A – Engineer’s Services
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                         Page 5


Prepare final Drawings and Specifications indicating the scope, extent, and character of
the Work to be performed and furnished by Contractor.


Visit the Site as needed to assist in preparing the final Drawings and Specifications.


Provide technical criteria, written descriptions, and design data for Owner’s use in filing
applications for permits from or approvals of governmental authorities having
jurisdiction to review or approve the final design; assist Owner in consultations with such
authorities; and revise the Drawings and Specifications in response to directives from
such authorities, as appropriate.


Advise Owner of any recommended adjustments to the opinion of probable
Construction Cost.


After consultation with Owner, include in the Construction Contract Documents any
specific protocols for the transmittal of Project-related correspondence, documents,
text, data, drawings, information, and graphics, in electronic media or digital format,
either directly, or through access to a secure Project website. Any such protocols shall
be applicable to transmittals between and among Owner, Engineer, and Contractor
during the Construction Phase and Post-Construction Phase, and unless agreed
otherwise shall supersede any conflicting protocols previously established for
transmittals between Owner and Engineer.


Assist Owner in assembling known reports and drawings of Site conditions, and in
identifying the technical data contained in such reports and drawings upon which
bidders or other prospective contractors may rely.


In addition to preparing the final Drawings and Specifications, assemble drafts of other
Construction Contract Documents based on specific instructions and contract forms,
text, or content  received from Owner.


Prepare or assemble draft bidding-related documents (or requests for proposals or other
construction procurement documents), based on the specific bidding or procurement-
related instructions and forms, text, or content received from Owner.


Perform or provide the following other Final Design Phase tasks or deliverables:                [

] [List any such tasks or deliverables here.]


Furnish for review by Owner, its legal counsel and Agency, and other advisors, [    ] copies
of the final Drawings and Specifications, assembled drafts of other Construction Contract
Documents, the draft bidding-related documents (or requests for proposals or other
construction procurement documents), and any other Final Design Phase deliverables,
within [    ] days of authorization to proceed with the Final Design Phase, and review them
with Owner. Within [    ] days of receipt, Owner shall submit to Engineer any comments
regarding the furnished items, and any instructions for revisions.


Provide technical : descriptions and-design- data f i
pprovethe final design " such
i" mi eB Sp di f
ded_—adl he—opi probabil
‘ f " --Inelude-in-th 2
data, rand graphies,in-eh i ormat,
har diractly,-of through 2 9 hy s-shall
e Ph sp Phase,and—unl J
Be based-on-specifi " forms;
tant or-content received from Owner,
p bledraft bidding-relatedd Jorrequestss Isoroth
ated forms, text, ved f
9. Perf ide-the fol her final De he ks-or-deliverabl 5
10, Furnish by vite legal and -andother advisers fo}
the final-Di d Specifi _ bled drafts ofoth
Be | the-draft_bidding-related-d f a "9
hin} day: 8 proceed withthe Final Design Phaseand
‘Exhibit A— Engineer’s Services
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
‘and American Society of Civil Engineers. All rights reserved. Pages
Exhibit A – Engineer’s Services
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                         Page 6

Revise the final Drawings and Specifications, assembled drafts of other Construction
Contract Documents, the draft bidding-related documents (or requests for proposals or
other construction procurement documents), and any other Final Design Phase
deliverables in accordance with comments and instructions from the Owner, as
appropriate, and submit [    ] final copies of such documents to Owner within [    ] days
after receipt of Owner’s comments and instructions.

B. Engineer’s services under the Final Design Phase will be considered complete on the date when
Engineer has delivered to Owner the final Drawings and Specifications, other assembled
Construction Contract Documents, bidding-related documents (or requests for proposals or
other construction procurement documents), and any other Final Design Phase deliverables
and final design phase deliverables have been accepted by Owner.
C. In the event that the Work designed or specified by Engineer is to be performed or furnished
under more than one prime contract, or if Engineer’s services are to be separately sequenced
with the work of one or more prime Contractors (such as in the case of fast-tracking), Owner
and Engineer shall, prior to commencement of the Final Design Phase, develop a schedule for
performance of Engineer’s services during the Final Design, Bidding or Negotiating,
Construction, and Post-Construction Phases in order to sequence and coordinate properly such
services as are applicable to the work under such separate prime contracts.  This schedule is to
be prepared and included in or become an amendment to Exhibit A whether or not the work
under such contracts is to proceed concurrently.
D. The number of prime contracts for Work designed or specified by Engineer upon which the
Engineer’s compensation has been established under this Agreement is [    ].  If more prime
contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation
under this Agreement.
A1.04 Bidding or Negotiating Phase
A. After acceptance by Owner of the final Drawings and Specifications, other Construction
Contract Documents, bidding-related documents (or requests for proposals or other
construction procurement documents), and the most recent opinion of probable Construction
Cost as determined in the Final Design Phase, and upon written authorization by Owner to
proceed, Engineer shall:


Assist Owner in advertising for and obtaining bids or proposals for the Work, assist
Owner in issuing assembled design, contract, and bidding-related documents (or
requests for proposals or other construction procurement documents) to prospective
contractors, and, where applicable, maintain a record of prospective contractors to
which documents have been issued, attend mandatory pre-bid conferences, and receive
and process contractor deposits or charges for the issued documents.


Prepare and issue Addenda as appropriate to clarify, correct, or change the issued
documents.


Provide information or assistance needed by Owner in the course of any review of
proposals or negotiations with prospective contractors.


Consult with Owner as to the qualifications of prospective contractors.


11, Revise-the-final-Dr ad-Specifi
deliverabh cdance_vith é from_the Owner,
pprepriate and subet {—} inal copies of seth bik aay
28 by 4 the-final-Ds .d-Speeifi oth
Be bidding related f fe ! "
L m \e-for-and-ob’ bids-or propesalsfor-th
bled_design, and_bidding-related_d f
2 Pe ad ddend: 40-clarify, oF -change-the-issued
documents,
3. Provide-inf .ded-by. th f q
ewith- the qualifications of- ‘i track
it A~ Engineer’s Services
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
‘and American Society of Civil Engineers. All rights reserved.
Page 6
Exhibit A – Engineer’s Services
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                         Page 7


Consult with Owner as to the qualifications of subcontractors, suppliers, and other
individuals and entities proposed by prospective contractors, for those portions of the
Work as to which review of qualifications is required by the issued documents.


The Engineer shall evaluate and determine the acceptability of “or equals” and
substitute materials and equipment proposed by the prospective Contractors prior to
award of contracts for the Work. Engineer shall issue a bid addendum for any and all
approved “or equals” and substitutes. Review of substitutes and “or equals” shall be
in accordance with the General Conditions of the Construction Contract and applicable
Agency regulations. Services under this paragraph are subject to the provisions of
Paragraph A2.02.A.2 of the Exhibit A.


Attend the bid opening, prepare bid tabulation sheets to meet Owner’s schedule, and
assist Owner in evaluating bids or proposals, assembling final contracts for the Work for
execution by Owner and Contractor, and in issuing notices of award of such contracts.


If Owner engages in negotiations with bidders or proposers, assist Owner with respect
to technical and engineering issues that arise during the negotiations.


Perform or provide the following other Bidding or Negotiating Phase tasks or
deliverables: [            ] [List any such tasks or deliverables here.]


a.   Upon award of the Construction Contract, the Engineer shall furnish to Owner five
executed copies of the Contract Documents and one electronic copy in PDF format
of the signed documents, including Drawings and Specifications.
B. The Bidding or Negotiating Phase will be considered complete upon commencement of the
Construction Phase or upon cessation of negotiations with prospective contractors (except as
may be required if Exhibit F is a part of this Agreement).
A1.05 Construction Phase
A. Upon successful completion of the Bidding and Negotiating Phase, and upon written
authorization from Owner, Engineer shall:

General Administration of Construction Contract:  Consult with Owner and act as Owner’s
representative as provided in the Construction Contract.  The extent and limitations of
the duties, responsibilities, and authority of Engineer shall be as assigned in EJCDC® C-
700, Standard General Conditions of the Construction Contract (2013 Edition), prepared
by the Engineers Joint Contract Documents Committee, or other construction general
conditions specified in this Agreement. If Owner, or Owner and Contractor, modify the
duties, responsibilities, and authority of Engineer in the Construction Contract, or modify
other terms of the Construction Contract having a direct bearing on Engineer, then
Owner shall compensate Engineer for any related increases in the cost to provide
Construction Phase services. Engineer shall not be required to furnish or perform
services contrary to Engineer’s responsibilities as a licensed professional. All of Owner’s
instructions to Contractor will be issued through Engineer, which shall have authority to
act on behalf of Owner in dealings with Contractor to the extent provided in this
Agreement and the Construction Contract except as otherwise provided in writing.

if suber 5. suppliers,-and-oth
im hich qualif d-byth ad
6. Thess hi fs de he of etand
lastit jals- and- equi by the ive-Cé A
J Is" and-sub: Review-of sub: A Is!" shall-be
in-accores ith-th -Conditions-of the ion Ce .d-applicabl
7. bul " 45 schedule-and
Juating bids-or prepesals, bling final for the Workk
bs ni ane fawardof such.
3 " he bide propesers;, h-Fespe
hricaband. hy a hi
Perk provide_thefoll her Bidel Ne Phi 4
Upor dof the he Engineer shall furnish fis
1 n swith, 4 2
7 provided in-th The i f
he-duties, ii auth Es rall-be in EICDC®
i fied-in-th Ma i ify-th
¥ fhe having-<-direet-bearing-on- Engineer, th
halt te-£ fe ated: the-cost-t id
& i bil Heensed prof Hof ’
¥ " hb .d through £1 --which shall: ith
th 8 provided.
‘Exhibit A— Engineer’s Services
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
‘and American Society of Civil Engineers. All rights reserved.
Page7
Exhibit A – Engineer’s Services
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                         Page 8


Resident Project Representative (RPR):  Provide the services of an RPR at the Site to assist
the Engineer and to provide more extensive observation of Contractor’s work.  Duties,
responsibilities, and authority of the RPR are as set forth in Exhibit D.  The furnishing of
such RPR’s services will not limit, extend, or modify Engineer’s responsibilities or
authority except as expressly set forth in Exhibit D.  [If Engineer will not be providing the
services of an RPR, then delete this Paragraph 2 by inserting the word “DELETED” after
the paragraph title, and do not include Exhibit D as part of the Agreement.]


Selection of Independent Testing Laboratory:  Assist Owner in the selection of an
independent testing laboratory to perform the services identified in Exhibit B, Paragraph
B2.01.


Pre-Construction Conference:  Participate in and chair a pre-construction conference
prior to commencement of Work at the Site.


Electronic Transmittal Protocols:  If the Construction Contract Documents do not specify
protocols for the transmittal of Project-related correspondence, documents, text, data,
drawings, information, and graphics, in electronic media or digital format, either directly,
or through access to a secure Project website, then together with Owner and Contractor
jointly develop such protocols for transmittals between and among Owner, Contractor,
and Engineer during the Construction Phase and Post-Construction Phase.


Original Documents:  Maintain and safeguard during the Construction Phase at least one
original printed record version of the Construction Contract Documents, including
Drawings and Specifications signed and sealed by Engineer and other design
professionals in accordance with applicable Laws and Regulations.  Throughout the
Construction Phase, make such original printed record version of the Construction
Contract Documents available to Contractor and Owner for review.


Schedules:  Receive, review, and determine the acceptability of any and all schedules that
Contractor is required to submit to Engineer, including the Progress Schedule, Schedule
of Submittals, and Schedule of Values.


Baselines and Benchmarks:  As appropriate, establish baselines and benchmarks for
locating the Work which in Engineer’s judgment are necessary to enable Contractor to
proceed.


Visits to Site and Observation of Construction:  In connection with observations of
Contractor’s Work while it is in progress:


a. Make visits to the Site at intervals appropriate to the various stages of construction,
as Engineer deems necessary, to observe as an experienced and qualified design
professional the progress of Contractor’s executed Work.  Such visits and
observations by Engineer, and the Resident Project Representative, if any, are not
intended to be exhaustive or to extend to every aspect of the Work or to involve
detailed inspections of the Work beyond the responsibilities specifically assigned to
Engineer in this Agreement and the Construction Contract Documents, but rather are
to be limited to spot checking, selective sampling, and similar methods of general
observation of the Work based on Engineer’s exercise of professional judgment, as
assisted by the Resident Project Representative, if any.  Based on information
ponsibllities-and auth forth in- Exhibit D_The furnishing of
J -RPR iLnot dor -modify-Er J ipilit
hority-exeeptasexp jn Exhibit D-fif Bagi ilhnot-be idling the
ned te Labs he-sel a
B20L,
4. chs e
5. él ls-Hf th a ty
e Js forth of Project-related: pondence,d text, data,
a ink -andgraphies-in-el edia-or-digitalformat-either directly,
y develop such p sf 4 ni . i,
ae “i he-Const Phase-and Post Ph
6. n Maintain andsafeguardd " Phaseatt
printed in #-the-Const tract_-De s,ineludi
prof a mn b-applicablet d- Regul Througheut-th
tion_Phase,-make-such printed: th i”
7. sche , -and-determineth bility-of: d.allschedules th
rs
Bi Bench ppropriate,establish-basell d-benchmarks-f
i he Workwhieh-in-£ i i"
d-Ob: f 4 hobs q
Sb. the Werk based on £ y £profe Hud .
.d-by-the-Resident_Project-Re i-any—Based- fe
‘Exhibit A— Engineer’s Services
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
‘and American Society of Civil Engineers. All rights reserved. Pages
Exhibit A – Engineer’s Services
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                         Page 9
obtained during such visits and observations, Engineer will determine in general if
the Work is proceeding in accordance with the Construction Contract Documents,
and Engineer shall keep Owner informed of the progress of the Work.
b. The purpose of Engineer’s visits to the Site, and representation by the Resident
Project Representative, if any, at the Site, will be to enable Engineer to better carry
out the duties and responsibilities assigned to and undertaken by Engineer during
the Construction Phase, and, in addition, by the exercise of Engineer’s efforts as an
experienced and qualified design professional, to provide for Owner a greater degree
of confidence that the completed Work will conform in general to the Construction
Contract Documents and that Contractor has implemented and maintained the
integrity of the design concept of the completed Project as a functioning whole as
indicated in the Construction Contract Documents.  Engineer shall not, during such
visits or as a result of such observations of the Work, supervise, direct, or have
control over the Work, nor shall Engineer have authority over or responsibility for
the means, methods, techniques, sequences, or procedures of construction selected
or used by any Constructor, for security or safety at the Site, for safety precautions
and programs incident to any Constructor’s work in progress, for the coordination of
the Constructors’ work or schedules, nor for any failure of any Constructor to comply
with Laws and Regulations applicable to  furnishing and performing of its work.

Accordingly, Engineer neither guarantees the performance of any Constructor nor
assumes responsibility for any Constructor’s failure to furnish or perform the Work,
or any portion of the Work, in accordance with the Construction Contract
Documents.
c. The visits described in Article A1.05.A.9.a shall be at least monthly and the Engineer
shall document all visits to the project with copies furnished to the Owner and
Agency.


Defective Work:  Reject Work if, on the basis of Engineer’s observations, Engineer
believes that such Work is defective under the terms and standards set forth in the
Construction Contract Documents. Provide recommendations to Owner regarding
whether Contractor should correct such Work or remove and replace such Work, or
whether Owner should consider accepting such Work as provided in the Construction
Contract Documents.


Compatibility with Design Concept:  If Engineer has express knowledge that a specific
part  of the Work that is not defective under the terms and standards set forth in the
Construction Contract Documents is nonetheless not compatible with  the design
concept of the completed Project as a functioning whole,  then inform Owner of such
incompatibility, and provide recommendations for addressing such Work.


Clarifications and Interpretations:  Accept from Contractor and Owner submittal of all
matters in question concerning the requirements of the Construction Contract
Documents (sometimes referred to as requests for information or interpretation—RFIs),
or relating to the acceptability of the Work under the Construction Contract Documents.
With reasonable promptness, render a written clarification, interpretation, or decision
on the issue submitted, or initiate an amendment or supplement to the Construction
Contract Documents.


ptained-d Jp-visits-and-obs & det nq
ae hall dof-the pi £-the Werk.
p Ri if any-at-the Site, willbe ble
e Phase, and,in-addition,-by-+hé Engineer’s of
dand-qualified¢ fe L idee de
fthed th lated f ho!
tof such-ob: th Je supervise, direct,-or-hi
1 hy Ror shall i" y bility f
by any fe ¥ a
ad ident truck Me -dination-of
bL 1d Regush plicable to—furnish perk “f ie
Accordingly, her the f ‘
ans y mn hth
bel hat-such Work is-def orth d-standards-set_forth-in-th
be Proviel " i
Contract Documents.
u. bility with Desi 77 has-exprese-knewledge-that-a-specifi
£-the Worth: def der-th d-standards-set forth-in-the
pt-of the completed P fh hole then inf such
ibility -and-provid i foradd Jb Work:

Accept m benittalof all

the. th "
J he acceptability of the Workunder th be
With. Hf - iten-clarifi - tation-oF-de
Contract Documents.
it A~ Engineer’s Services
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
‘and American Society of Civil Engineers. All rights reserved. Page
Exhibit A – Engineer’s Services
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                         Page 10


Non-reviewable Matters:  If a submitted matter in question concerns the Engineer’s
performance of its duties and obligations, or terms and conditions of the Construction
Contract Documents that do not involve (1) the performance or acceptability of the Work
under the Construction Contract Documents, (2) the design (as set forth in the Drawings,
Specifications, or otherwise), or (3) other engineering or technical matters, then
Engineer will promptly give written notice to Owner and Contractor that Engineer will
not provide a decision or interpretation.


Field Orders:  Subject to any limitations in the Construction Contract Documents,
Engineer may prepare and issue Field Orders requiring minor changes in the Work.


Change Orders and Work Change Directives:  Recommend Change Orders and Work
Change Directives to Owner, as appropriate, and prepare Change Orders and Work
Change Directives as required.


Differing Site Conditions:  Respond to any notice from Contractor of differing site
conditions, including conditions relating to underground facilities such as utilities, and
hazardous environmental conditions. Promptly conduct reviews and prepare findings,
conclusions, and recommendations for Owner’s use.


Shop Drawings, Samples, and Other Submittals:  Review and approve or take other
appropriate action with respect to Shop Drawings, Samples,  and other required
Contractor submittals, but only for conformance with the information given in the
Construction Contract Documents and compatibility with the design concept of the
completed Project as a functioning whole as indicated by the Construction Contract
Documents.  Such reviews and approvals or other action will not extend to means,
methods, techniques, sequences, or procedures of construction or to safety precautions
and programs incident thereto.  Engineer shall meet any Contractor’s submittal schedule
that Engineer has accepted.


Substitutes and “Or-equal”:  Evaluate and determine the acceptability of substitute or
“or-equal” materials and equipment proposed by Contractor, but subject to the
provisions of Paragraph A2.02.A.2 of this Exhibit A. Review of substitutes and “or
equals” shall be in accordance with the General Conditions of the Construction
Contract and applicable Agency regulations.


Inspections and Tests:


a. Receive and review all certificates of inspections, tests, and approvals required by
Laws and Regulations or the Construction Contract Documents.  Engineer’s review of
such certificates will be for the purpose of determining that the results certified
indicate compliance with the Construction Contract Documents and will not
constitute an independent evaluation that the content or procedures of such
inspections, tests, or approvals comply with the requirements of the Construction
Contract Documents.  Engineer shall be entitled to rely on the results of such
inspections and tests.
b. As deemed reasonably necessary, request that Contractor uncover Work that is to
be inspected, tested, or approved.



14, Field-Ordees:—Subj 4 " De ,
15. oh ders-and- Work-Ch = ch ders_and- Work
Change Directives-asrequired:
16. m fe diff
ditions, including cond i ke facil h-as-utilitiesand
hazard Lconditi y-conduct 4 findings,
17. Shop. , 5-and-Other Submittals: Re n" take-othe
benittals, W-for-conk hthe-inf "
‘i tract 4 bili hed thy
o rn approval fy m é :
hods,-techniques, . Fconst to-safet
that Engineer has accepted.
18, Sub: “Or-equal’tval dd he-acceptability- of sub
4 Y sand db but_subi hy
Hs"-shall-be mn hth 1 th
Contract and applicable Agency regulations.
19. Inspections and Tests:
certifi dl be-for-th Fak hat-the-resul ‘fed
depend A hat_th proced such
‘ ts, , the Const
inspections and-tests,
‘Exhibit A— Engineer’s Services
EJCDC* €-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 10
Exhibit A – Engineer’s Services
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                         Page 11
c. Pursuant to the terms of the Construction Contract, require special inspections or
testing of the Work, whether or not the Work is fabricated, installed, or completed.


Change Proposals and Claims:  (a) Review and respond to Change Proposals.  Review
each duly submitted Change Proposal from Contractor and, within 30 days after receipt
of the Contractor’s supporting data, either deny the Change Proposal in whole, approve
it in whole, or deny it in part and approve it in part.  Such actions shall be in writing, with
a copy provided to Owner and Contractor. If the Change Proposal does not involve the
design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the
Work, or other engineering or technical matters, then Engineer will notify the parties
that the Engineer will not resolve the Change Proposal.  (b) Provide information or data
to Owner regarding engineering or technical matters pertaining to Claims.


Applications for Payment:  Based on Engineer’s observations as an experienced and
qualified design professional and on review of Applications for Payment and
accompanying supporting documentation:


a. Determine the amounts that Engineer recommends Contractor be paid. Recommend
reductions in payment (set-offs) based on the provisions for set-offs stated in the
Construction Contract. Such recommendations of payment will be in writing and will
constitute Engineer’s representation to Owner, based on such observations and
review, that, to the best of Engineer’s knowledge, information and belief,
Contractor’s Work has progressed to the point indicated, the Work is generally in
accordance with the Construction Contract Documents (subject to an evaluation of
the Work as a functioning whole prior to or upon Substantial Completion, to the
results of any subsequent tests called for in the Construction Contract Documents,
and to any other qualifications stated in the recommendation), and the conditions
precedent to Contractor’s being entitled to such payment appear to have been
fulfilled in so far as it is Engineer’s responsibility to observe the  Work.  In the case of
unit price Work, Engineer’s recommendations of payment will include final
determinations of quantities and classifications of the Work (subject to any
subsequent adjustments allowed by the Construction Contract Documents).
b. By recommending payment, Engineer shall not thereby be deemed to have
represented that observations made by Engineer to check the quality or quantity of
Contractor’s Work as it is performed and furnished have been exhaustive, extended
to every aspect of Contractor’s Work in progress, or involved detailed inspections of
the Work beyond the responsibilities specifically assigned to Engineer in this
Agreement.  Neither Engineer’s review of Contractor’s Work for the purposes of
recommending payments nor Engineer’s recommendation of any payment including
final payment will impose on Engineer responsibility to supervise, direct, or control
the Work, or for the means, methods, techniques, sequences, or procedures of
construction or safety precautions or programs incident thereto, or Contractor’s
compliance with Laws and Regulations applicable to Contractor’s furnishing and
performing the Work.  It will also not impose responsibility on Engineer to make any
examination to ascertain how or for what purposes Contractor has used the money
paid to Contractor by Owner; to determine that title to any portion of the Work,
including materials or equipment, has passed to Owner free and clear of any liens,
claims, security interests, or encumbrances; or that there may not be other matters
de
"
it A~ Engineer’s Services
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 11,
Exhibit A – Engineer’s Services
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                         Page 12
at issue between Owner and Contractor that might affect the amount that should be
paid.


Contractor’s Completion Documents:  Receive from Contractor, review, and transmit to
Owner maintenance and operating instructions, schedules, guarantees, bonds,
certificates or other evidence of insurance required by the Construction Contract
Documents, certificates of inspection, tests and approvals, and Shop Drawings, Samples,
and other data approved as provided under Paragraph A1.05.A.17.  Receive from
Contractor, review, and transmit to Owner the annotated record documents which are
to be assembled by Contractor in accordance with the Construction Contract Documents
to obtain final payment.  The extent of Engineer’s review of record documents shall be
to check that Contractor has submitted all pages. Receive from Contractor and review
the annotated record documents which are to be assembled by Contractor in
accordance with the Construction Contract Documents to obtain final payment. The
Engineer shall prepare Record Drawings, and furnish such Record Drawings to Owner.


Substantial Completion:  Promptly after notice from Contractor that Contractor
considers the entire Work ready for its intended use, in company with Owner and
Contractor, visit the Site to review the Work and determine the status of completion.
Follow the procedures in the Construction Contract regarding the preliminary certificate
of Substantial Completion, punch list of items to be completed, Owner’s objections,
notice to Contractor, and issuance of a final certificate of Substantial Completion.  Assist
Owner regarding any remaining engineering or technical matters affecting Owner’s use
or occupancy of the Work following Substantial Completion.


Other Tasks:  Perform or provide the following other Construction Phase tasks or
deliverables: [            ] [List any such tasks or deliverables here.]


Upon Substantial Completion, the Engineer shall provide a copy of the Certificate
of Substantial Completion to the Agency.


Final Notice of Acceptability of the Work:  Conduct a final visit to the Project to determine
if the Work is complete and acceptable so that Engineer may recommend, in writing,
final payment to Contractor.  Accompanying the recommendation for final payment,
Engineer shall also provide a notice to Owner and Contractor in the form attached hereto
as Exhibit E (“Notice of Acceptability of Work”) that the Work is acceptable (subject to
the provisions of the Notice and Paragraph A1.05.A.21.b) to the best of Engineer’s
knowledge, information, and belief, and based on the extent of the services provided by
Engineer under this Agreement.


Standards for Certain Construction-Phase Decisions:  Engineer will render decisions
regarding the requirements of the Construction Contract Documents, and judge the
acceptability of the Work, pursuant to the specific procedures set forth in the
Construction Contract for initial interpretations, Change Proposals, and acceptance of
the Work. In rendering such decisions and judgments, Engineer will not show partiality
to Owner or Contractor, and will not be liable to Owner, Contractor, or others in
connection with any proceedings, interpretations, decisions, or judgments conducted or
rendered in good faith.


tors Jetion-De Re fi tractor, rand et
fi her_evidl f d-by-th
.d-other_data_approved_as_provided_under_Paragraph ALOS-A-17—R f


. pane hy record hich
btain- final pay The 5, fsecord-d Jrall-be
heck th: has submitted all Receive from-C evi
" thi i 2 btain-final The


Sub n 2 a f "
id Work-read ded-use, ith ad
Follew-the-proced y ding the prel certifi
Subs 1 Jetion,-punch-list-of- be pleted, 5 obj ;
i apical he
the Work follos pstantia Compl


Other Tasks: Perk ide_the fol 7 Pb 7


Final f bility of the Work:Conduct-a final hep a
finale panying dation fe 2
5 halt al " ef
hep sf the Ne .d- Paragraph Md 1b} te the_ best-of &
knewledge-infe .-and belief-and-based-on-th fh dec


Standards-fe Phe: & iLrender-deci
tability of th nan he_specifi mi forth
4 ‘ract-for initial interpretations,-Change-P sand f
.d-will-net_betiabl 7 e
‘i fh edings-int de .otjudgments-conducted.
‘Exhibit A— Engineer’s Services


EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 12,
Exhibit A – Engineer’s Services
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                         Page 13
B. Duration of Construction Phase:  The Construction Phase will commence with the execution of
the first Construction Contract for the Project or any part thereof and will terminate upon
written recommendation by Engineer for final payment to Contractors.  If the Project involves
more than one prime contract as indicated in Paragraph A1.03.D, then Construction Phase
services may be rendered at different times in respect to the separate contracts.  Subject to
the provisions of Article 3, Engineer shall be entitled to an equitable increase in compensation
if Construction Phase services (including Resident Project Representative services, if any) are
required after the original date for completion and readiness for final payment of Contractor
as set forth in the Construction Contract.
A1.06 Post-Construction Phase
A. Upon written authorization from Owner during the Post-Construction Phase, Engineer shall:


Together with Owner, visit the Project to observe any apparent defects in the Work,

make recommendations as to replacement or correction of defective Work, if any, or the
need to repair of any damage to the Site or adjacent areas, and assist Owner in
consultations and discussions with Contractor concerning correction of any such
defective Work and any needed repairs.


Together with Owner, visit the Project within one month before the end of the
Construction Contract’s correction period to ascertain whether any portion of the Work
or the repair of any damage to the Site or adjacent areas is defective and therefore
subject to correction by Contractor.


Perform or provide the following other Post-Construction Phase tasks or deliverables:


The Engineer shall provide two hard copies and one electronic copy of the record
drawings to the Owner. These documents shall be provided to the Owner within 60 days
of Project Completion. A copy of the transmittal letter shall be submitted to the
appropriate funding agencies.
[            ] [List any such tasks or deliverables here.]
B. The Post-Construction Phase services may commence during the Construction Phase and, if
not otherwise modified in this Exhibit A, will terminate twelve months after the
commencement of the Construction Contract’s correction period.  [Deleted Sections A1.02-
1.05]
PART 2 – ADDITIONAL SERVICES
A2.01 Additional Services Requiring Owner’s Written Authorization
A. If authorized in writing by Owner, Engineer shall provide Additional Services of the types listed
below. These services are not included as part of Basic Services and will be paid for by Owner
as indicated in Exhibit C.

Preparation of applications and supporting documents (in addition to those furnished
under Basic Services) for private or governmental grants, loans, or advances in
connection with the Project; preparation or review of environmental assessments and

8-—The Ph during-th Phase and, if
fh ! peried_[Deleted Sections A1.02-
1.05]
PART 2- ADDITIONAL SERVICES
A201 Additional Services Requiring Owner’s Written Authorization
A. If authorized in writing by Owner, Engineer shall provide Additional Services of the types listed
below. These services are not included as part of Basic Services and will be paid for by Owner
as indicated in Exhibit C.

Preparation of applications and supporting documents (in addition to those furnished
under Basic Services) for private or governmental grants, loans, or advances in
connection with the Project; preparation or review of environmental assessments and

‘Exhibit A— Engineer’s Services
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 13,
Exhibit A – Engineer’s Services
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                         Page 14
impact statements; review and evaluation of the effects on the design requirements for
the Project of any such statements and documents prepared by others; and assistance
in obtaining approvals of authorities having jurisdiction over the anticipated
environmental impact of the Project.


Services to make measured drawings of existing conditions or facilities, to conduct tests
or investigations of existing conditions or facilities, or to verify the accuracy of drawings
or other information furnished by Owner or others.


Services resulting from significant changes in the scope, extent, or character of the
portions of the Project designed or specified by Engineer, or the Project’s design
requirements, including, but not limited to, changes in size, complexity, Owner’s
schedule, character of construction, or method of financing; and revising previously
accepted studies, reports, Drawings, Specifications, or Construction Contract Documents
when such revisions are required by changes in Laws and Regulations enacted
subsequent to the Effective Date or are due to any other causes beyond Engineer’s
control.


Services resulting from Owner’s request to evaluate additional Study and Report Phase
alternative solutions beyond those agreed to in Paragraph A1.01.A.1 and 2, but only if
the Owner’s request is made after completion of the Study and Report Phase.


Services required as a result of Owner’s providing incomplete or incorrect Project
information to Engineer.


Providing renderings or models for Owner’s use, including services in support of building
information modeling or civil integrated management.


Undertaking investigations and studies including, but not limited to:


a. detailed consideration of operations, maintenance, and overhead expenses;
b. the preparation of feasibility studies (such as those that include projections of output
capacity, utility project rates, project market demand, or project revenues) and cash
flow analyses, provided that such services are based on the engineering and technical
aspects of the Project, and do not include rendering advice regarding municipal
financial products or the issuance of municipal securities;
c. preparation of appraisals;
d. evaluating processes available for licensing, and assisting Owner in obtaining process
licensing;
e. detailed quantity surveys of materials, equipment, and labor; and
f. audits or inventories required in connection with construction performed or
furnished by Owner.


Furnishing services of Consultants for other than Basic Services.



impact statements; review and evaluation of the effects on the design requirements for
the Project of any such statements and documents prepared by others; and assistance
in obtaining approvals of authorities having jurisdiction over the anticipated
environmental impact of the Project.
Services to make measured drawings of existing conditions or facilities, to conduct tests
or investigations of existing conditions or facilities, or to verify the accuracy of drawings
or other information furnished by Owner or others.
Services resulting from significant changes in the scope, extent, or character of the
portions of the Project designed or specified by Engineer, or the Project’s design
requirements, including, but not limited to, changes in size, complexity, Owner’s
schedule, character of construction, or method of financing; and revising previously
accepted studies, reports, Drawings, Specifications, or Construction Contract Documents
when such revisions are required by changes in Laws and Regulations enacted
subsequent to the Effective Date or are due to any other causes beyond Engineer’s
control.
Services resulting from Owner’s request to evaluate additional Study and Report Phase
alternative solutions beyond those agreed to in Paragraph A1.01.A.1 and 2, but only if
the Owner’s request is made after completion of the Study and Report Phase.
Services required as a result of Owner’s providing incomplete or incorrect Project
information to Engineer.
Providing renderings or models for Owner’s use, including services in support of building
information modeling or civil integrated management.
Undertaking investigations and studies including, but not limited to:
a. detailed consideration of operations, maintenance, and overhead expenses;
b. _ the preparation of feasibility studies (such as those that include projections of output
capacity, utility project rates, project market demand, or project revenues) and cash
flow analyses, provided that such services are based on the engineering and technical
aspects of the Project, and do not include rendering advice regarding municipal
financial products or the issuance of municipal securities;
c. _ preparation of appraisals;
d. evaluating processes available for licensing, and assisting Owner in obtaining process
e. detailed quantity surveys of materials, equipment, and labor; and
f, audits or inventories required in connection with construction performed or
furnished by Owner.
Furnishing services of Consultants for other than Basic Services.
‘Exhibit A— Engineer’s Services
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Ci
agineers. All rights reserved. Page 14
Exhibit A – Engineer’s Services
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                         Page 15


Providing data or services of the types described in Exhibit B, when Owner retains

Engineer to provide such data or services instead of Owner furnishing the same.


Providing the following services:


a. Services attributable to more prime construction contracts than specified in
Paragraph A1.03.D.
b. Services to arrange for performance of construction services for Owner by
contractors other than the principal prime Contractor, and administering Owner’s
contract for such services.


Services during out-of-town travel required of Engineer, other than for visits to the Site
or Owner’s office as required in Basic Services (Part 1 of Exhibit A).


Preparing for, coordinating with, participating in and responding to structured
independent review processes, including, but not limited to, construction management,
cost estimating, project peer review, value engineering, and constructibility review
requested by Owner; and performing or furnishing services required to revise studies,
reports, Drawings, Specifications, or other documents as a result of such review
processes.


Preparing additional bidding-related documents (or requests for proposals or other
construction procurement documents) or Construction Contract Documents for
alternate bids or cost estimates requested by Owner for the Work or a portion thereof.


Assistance in connection with bid protests, rebidding, or renegotiating contracts for
construction, materials, equipment, or services, except when such assistance is required
to complete services required by Paragraph 5.02.A and Exhibit F.


Preparing conformed Construction Contract Documents that incorporate and integrate
the content of all Addenda and any amendments negotiated by Owner and Contractor.


Providing Construction Phase services beyond the original date for completion and
readiness for final payment of Contractor, but only if such services increase the total
quantity of services to be performed in the Construction Phase, rather than merely
shifting performance of such services to a later date.


Preparing Record Drawings, and furnishing such Record Drawings to Owner.


Supplementing Record Drawings with information regarding the completed Project, Site,
and immediately adjacent areas obtained from field observations, Owner, utility
companies, and other reliable sources.


Conducting surveys, investigations, and field measurements to verify the accuracy of
Record Drawing content obtained from Contractor, Owner, utility companies, and other
sources; revise and supplement Record Drawings as needed.


Preparation of operation, maintenance, and staffing manuals.


Providing data or services of the types described in Exhibit B, when Owner retains
Engineer to provide such data or services instead of Owner furnishing the same.


Providing the following services:


a. Services attributable to more prime construction contracts than specified in
Paragraph A1.03.D.
b. Services to arrange for performance of construction services for Owner by
contractors other than the principal prime Contractor, and administering Owner’s
contract for such services.


Services during out-of-town travel required of Engineer, other than for visits to the Site
or Owner’s office as required in Basic Services (Part 1 of Exhibit A).


Preparing for, coordinating with, participating in and responding to structured
independent review processes, including, but not limited to, construction management,
cost estimating, project peer review, value engineering, and constructibility review
requested by Owner; and performing or furnishing services required to revise studies,
reports, Drawings, Specifications, or other documents as a result of such review
processes.


Preparing additional bidding-related documents (or requests for proposals or other
construction procurement documents) or Construction Contract Documents for
alternate bids or cost estimates requested by Owner for the Work or a portion thereof.


Assistance in connection with bid protests, rebidding, or renegotiating contracts for
construction, materials, equipment, or services, except when such assistance is required
to complete services required by Paragraph 5.02.A and Exhibit F.


Preparing conformed Construction Contract Documents that incorporate and integrate
the content of all Addenda and any amendments negotiated by Owner and Contractor.


Providing Construction Phase services beyond the original date for completion and
readiness for final payment of Contractor, but only if such services increase the total
quantity of services to be performed in the Construction Phase, rather than merely
shifting performance of such services to a later date.


Preparing Record Drawings, and furnishing such Record Drawings to Owner.


Supplementing Record Drawings with information regarding the completed Project, Site,
and immediately adjacent areas obtained from field observations, Owner, utility


companies, and other reliable sources.


Conducting surveys, investigations, and field measurements to verify the accuracy of
Record Drawing content obtained from Contractor, Owner, utility companies, and other
sources; revise and supplement Record Drawings as needed.


Preparation of operation, maintenance, and staffing manuals.


‘Exhibit A— Engineer’s Services
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 15,
Exhibit A – Engineer’s Services
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                         Page 16


Protracted or extensive assistance in refining and adjusting of Project equipment and
systems (such as initial startup, testing, and balancing).


Assistance to Owner in training Owner��s staff to operate and maintain Project equipment
and systems.


Assistance to Owner in developing systems and procedures for (a) control of the
operation and maintenance of Project equipment and systems, and (b) related
recordkeeping.


Preparing to serve or serving as a consultant or witness for Owner in any litigation,
arbitration, lien or bond claim, or other legal or administrative proceeding involving the
Project.


Overtime work requiring higher than regular rates.


Providing construction surveys and staking to enable Contractor to perform its work
other than as required under Paragraph A1.05.A.8; any type of property surveys or
related engineering services needed for the transfer of interests in real property; and
providing other special field surveys.


Providing more extensive services required to enable Engineer to issue notices or
certifications requested by Owner.


Extensive services required during any correction period, or with respect to monitoring
Contractor’s compliance with warranties and guarantees called for in the Construction
Contract (except as agreed to under Basic Services).


Other additional services performed or furnished by Engineer not otherwise provided for
in this Agreement.


A2.02 Additional Services Not Requiring Owner’s Written Authorization
A. Engineer shall advise Owner that Engineer is commencing to perform or furnish the Additional
Services of the types listed below.  For such Additional Services, Engineer need not request or
obtain specific advance written authorization from Owner.  Engineer shall cease performing or
furnishing such Additional Services upon receipt of written notice to cease from Owner.


Services in connection with Work Change Directives and Change Orders to reflect
changes requested by Owner.


Services in making revisions to Drawings and Specifications occasioned by the acceptance
of substitute materials or equipment other than “or equal” items; services after the award
of the Construction Contract in evaluating and determining the acceptability of a
proposed “or equal” or substitution which is found to be inappropriate for the Project;
evaluation and determination of an excessive number of proposed “or equals” or
substitutions, whether proposed before or after award of the Construction Contract.


Services resulting from significant delays, changes, or price increases occurring as a direct
or indirect result of materials, equipment, or energy shortages.


Protracted or extensive assistance in refining and adjusting of Project equipment and
systems (such as initial startup, testing, and balancing).


Assistance to Owner in training Owner’s staff to operate and maintain Project equipment
and systems


Assistance to Owner in developing systems and procedures for (a) control of the
operation and maintenance of Project equipment and systems, and (b) related
recordkeeping.


Preparing to serve or serving as a consultant or witness for Owner in any litigation,
arbitration, lien or bond claim, or other legal or administrative proceeding involving the
Project.


Overtime work requiring higher than regular rates.


Providing construction surveys and staking to enable Contractor to perform its work
other than as required under Paragraph A1.05.A.8; any type of property surveys or
related engineering services needed for the transfer of interests in real property; and
providing other special field surveys.


Providing more extensive services required to enable Engineer to issue notices or
certifications requested by Owner.


Extensive services required during any correction period, or with respect to monitoring
Contractor’s compliance with warranties and guarantees called for in the Construction
Contract (except as agreed to under Basic Services).


Other additional services performed or furnished by Engineer not otherwise provided for
in this Agreement.


2.02 Additional Services Not Requiring Owner’s Written Authorization
‘A. Engineer shall advise Owner that Engineer is commencing to perform or furnish the Additional
Services of the types listed below. For such Additional Services, Engineer need not request or
obtain specific advance written authorization from Owner. Engineer shall cease performing or
furnishing such Additional Services upon receipt of written notice to cease from Owner.


Services in connection with Work Change Directives and Change Orders to reflect
changes requested by Owner.


Services in making revisions to Drawings and Specifications occasioned by the acceptance
of substitute materials or equipment other than “or equal” items; services after the award
‘of the Construction Contract in evaluating and determining the acceptability of a
proposed "or equal” or substitution which is found to be inappropriate for the Project;
evaluation and determination of an excessive number of proposed “or equals” or
substitutions, whether proposed before or after award of the Construction Contract.


Services resulting from significant delays, changes, or price increases occurring asa direct
or indirect result of materials, equipment, or energy shortages.


‘Exhibit A— Engineer’s Services
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 16
Exhibit A – Engineer’s Services
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                         Page 17


Additional or extended services arising from (a) the presence at the Site of any
Constituent of Concern or items of historical or cultural significance, (b) emergencies or
acts of God endangering the Work, © damage to the Work by fire or other causes during
construction, (d) a significant amount of defective, neglected, or delayed Work, (e)
acceleration of the progress schedule involving services beyond normal working hours,
or (f) default by Contractor.


Services (other than Basic Services during the Post-Construction Phase) in connection
with any partial utilization of the Work by Owner prior to Substantial Completion.


Evaluating unreasonable or frivolous requests for interpretation or information (RFIs),
Change Proposals, or other demands from Contractor or others in connection with the
Work, or an excessive number of RFIs, Change Proposals, or demands.


Reviewing a Shop Drawing or other Contractor submittal more than three times, as a
result of repeated inadequate submissions by Contractor.


While at the Site, compliance by Engineer and its staff with those terms of Owner’s or
Contractor’s safety program provided to Engineer subsequent to the Effective Date that
exceed those normally required of engineering personnel by federal, State, or local
safety authorities for similar construction sites.


Additional or extended services arising from (a) the presence at the Site of any
Constituent of Concern or items of historical or cultural significance, (b) emergencies or
acts of God endangering the Work, © damage to the Work by fire or other causes during
construction, (d) a significant amount of defective, neglected, or delayed Work, (e)
acceleration of the progress schedule involving services beyond normal working hours,
or (f) default by Contractor.
Services (other than Basic Services during the Post-Construction Phase) in connection
with any partial utilization of the Work by Owner prior to Substantial Completion.
Evaluating unreasonable or frivolous requests for interpretation or information (RFls),
Change Proposals, or other demands from Contractor or others in connection with the
Work, or an excessive number of RFls, Change Proposals, or demands.
Reviewing a Shop Drawing or other Contractor submittal more than three times, as a
result of repeated inadequate submissions by Contractor.
While at the Site, compliance by Engineer and its staff with those terms of Owner’s or
Contractor’s safety program provided to Engineer subsequent to the Effective Date that
exceed those normally required of engineering personnel by federal, State, or local
safety authorities for similar construction sites.
‘Exhibit A— Engineer’s Services
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Ci
agineers. All rights reserved. Page 17
Exhibit B – Owner’s Responsibilities
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                        Page 1
This is EXHIBIT B, consisting of 3 pages, referred
to in and part of the Agreement between Owner
and Engineer for Professional Services dated
July 2020.
Owner’s Responsibilities
Article 2 of the Agreement is supplemented to include the following agreement of the parties.
B2.01 In addition to other responsibilities of Owner as set forth in this Agreement, Owner shall at its
expense:
A. Provide Engineer with all criteria and full information as to Owner’s requirements for the
Project, including design objectives and constraints, space, capacity and performance
requirements, flexibility, and expandability, and any budgetary limitations.
B. Give instructions to Engineer regarding Owner’s procurement of construction services
(including instructions regarding advertisements for bids, instructions to bidders, and requests
for proposals, as applicable), Owner’s construction contract practices and requirements,
insurance and bonding requirements, electronic transmittals during construction, and other
information necessary for the finalization of Owner’s bidding-related documents (or requests
for proposals or other construction procurement documents), and Construction Contract
Documents.  Furnish copies (or give specific directions requesting Engineer to use copies
already in Engineer’s possession) of all design and construction standards, Owner’s standard
forms, general conditions (if other than EJCDC® C-700, Standard General Conditions of the
Construction Contract, 2013 Edition), supplementary conditions, text, and related documents
and content for Engineer to include in the draft bidding-related documents (or requests for
proposals or other construction procurement documents), and draft Construction Contract
Documents, when applicable.  Owner shall have responsibility for the final content of (1) such
bidding-related documents (or requests for proposals or other construction procurement
documents), and (2) those portions of any Construction Contract other than the design (as set
forth in the Drawings, Specifications, or otherwise), and other engineering or technical matters;
and Owner shall seek the advice of Owner’s legal counsel, risk managers, and insurance
advisors with respect to the drafting and content of such documents.
C. Furnish to Engineer any other available information pertinent to the Project including reports
and data relative to previous designs, construction, or investigation at or adjacent to the Site.
D. Following Engineer’s assessment of initially-available Project information and data and upon
Engineer’s request, obtain, furnish, or otherwise make available (if necessary through title
searches, or retention of specialists or consultants) such additional Project-related information
and data as is reasonably required to enable Engineer to complete its Basic and Additional
Services.  Such additional information or data would generally include the following:


Property descriptions.


Zoning, deed, and other land use restrictions.


Utility and topographic mapping and surveys.


This is EXHIBIT B, consisting of 3 pages, referred
to in and part of the Agreement between Owner
and Engineer for Professional Services dated
July 2020.
Owner’s Responsibilities
Article 2 of the Agreement is supplemented to include the following agreement of the parties.
82.01 In addition to other responsibilities of Owner as set forth in this Agreement, Owner shall at its
expense:
‘A. Provide Engineer with all criteria and full information as to Owner’s requirements for the
Project, including design objectives and constraints, space, capacity and performance
requirements, flexibility, and expandability, and any budgetary limitations.
B. Give instructions to Engineer regarding Owner’s procurement of construction services
(including instructions regarding advertisements for bids, instructions to bidders, and requests
for proposals, as applicable), Owner’s construction contract practices and requirements,
insurance and bonding requirements, electronic transmittals during construction, and other
information necessary for the finalization of Owner’s bidding-related documents (or requests
for proposals or other construction procurement documents), and Construction Contract
Documents. Furnish copies (or give specific directions requesting Engineer to use copies
already in Engineer’s possession) of all design and construction standards, Owner’s standard
forms, general conditions (if other than EJCDC® C-700, Standard General Conditions of the
Construction Contract, 2013 Edition), supplementary conditions, text, and related documents
and content for Engineer to include in the draft bidding-related documents (or requests for
proposals or other construction procurement documents), and draft Construction Contract
Documents, when applicable. Owner shall have responsibility for the final content of (1) such
bidding-related documents (or requests for proposals or other construction procurement
documents), and (2) those portions of any Construction Contract other than the design (as set
forth in the Drawings, Specifications, or otherwise), and other engineering or technical matters;
and Owner shall seek the advice of Owner’s legal counsel, risk managers, and insurance
advisors with respect to the drafting and content of such documents
C. Furnish to Engineer any other available information pertinent to the Project including reports
and data relative to previous designs, construction, or investigation at or adjacent to the Site,
D. Following Engineer’s assessment of initially-available Project information and data and upon
Engineer’s request, obtain, furnish, or otherwise make available (if necessary through title
searches, or retention of specialists or consultants) such additional Project-related information
and data as is reasonably required to enable Engineer to complete its Basic and Additional
Services. Such additional information or data would generally include the following:


Property descriptions.


Zoning, deed, and other land use restrictions.


Utility and topographic mapping and surveys.


Exhibit B - Owner’s Responsibilities
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
‘and American Society of Civil Engineers. All rights reserved. Page 1
Exhibit B – Owner’s Responsibilities
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
                                                               and American Society of Civil Engineers.  All rights reserved.                                                  Page 2 



Property, boundary, easement, right-of-way, and other special surveys or data, including
establishing relevant reference points.


Explorations and tests of subsurface conditions at or adjacent to the Site; geotechnical
reports and investigations; drawings of physical conditions relating to existing surface or
subsurface structures at the Site; hydrographic surveys, laboratory tests and inspections
of samples, materials, and equipment; with appropriate professional interpretation of
such information or data.


Environmental assessments, audits, investigations, and impact statements, and other
relevant environmental, historical, or cultural studies relevant to the Project, the Site,
and adjacent areas.


Data or consultations as required for the Project but not otherwise identified in this
Agreement.


E. Arrange for safe access to and make all provisions for Engineer to enter upon public and private
property as required for Engineer to perform services under the Agreement.
F. Recognizing and acknowledging that Engineer’s services and expertise do not include the
following services, provide, as required for the Project:


Accounting, bond and financial advisory (including, if applicable, “municipal advisor”
services as described in Section 975 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (2010) and the municipal advisor registration rules issued by the Securities
and Exchange Commission), independent cost estimating, and insurance counseling
services.


Legal services with regard to issues pertaining to the Project as Owner requires,
Contractor raises, or Engineer reasonably requests.


Such auditing services as Owner requires to ascertain how or for what purpose
Contractor has used the money paid.


G. Provide the services of an independent testing laboratory to perform all inspections, tests, and
approvals of samples, materials, and equipment required by the Construction Contract
Documents (other than those required to be furnished or arranged by Contractor), or to
evaluate the performance of materials, equipment, and facilities of Owner, prior to their
incorporation into the Work with appropriate professional interpretation thereof. Provide
Engineer with the findings and reports generated by testing laboratories, including findings and
reports obtained from or through Contractor.
H. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction
to approve all phases of the Project designed or specified by Engineer and such reviews,
approvals, and consents from others as may be necessary for completion of each phase of the
Project.
4, Property, boundary, easement, right-of-way, and other special surveys or data, including
establishing relevant reference points.


Explorations and tests of subsurface conditions at or adjacent to the Site; geotechnical
reports and investigations; drawings of physical conditions relating to existing surface or
subsurface structures at the Site; hydrographic surveys, laboratory tests and inspections
of samples, materials, and equipment; with appropriate professional interpretation of
such information or data.


Environmental assessments, audits, investigations, and impact statements, and other
relevant environmental, historical, or cultural studies relevant to the Project, the Site,
and adjacent areas.


Data or consultations as required for the Project but not otherwise identified in this
Agreement.


E. Arrange for safe access to and make all provisions for Engineer to enter upon public and private
property as required for Engineer to perform services under the Agreement.
Recognizing and acknowledging that Engineer’s services and expertise do not include the
following services, provide, as required for the Project


Accounting, bond and financial advisory (including, if applicable, “municipal advisor”
services as described in Section 975 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (2010) and the municipal advisor registration rules issued by the Securities
and Exchange Commission), independent cost estimating, and insurance counseling
services.


Legal services with regard to issues pertaining to the Project as Owner requires,
Contractor raises, or Engineer reasonably requests.


Such auditing services as Owner requires to ascertain how or for what purpose
Contractor has used the money paid.


G. Provide the services of an independent testing laboratory to perform all inspections, tests, and
approvals of samples, materials, and equipment required by the Construction Contract
Documents (other than those required to be furnished or arranged by Contractor), or to
evaluate the performance of materials, equipment, and facilities of Owner, prior to their
incorporation into the Work with appropriate professional interpretation thereof. Provide
Engineer with the findings and reports generated by testing laboratories, including findings and
reports obtained from or through Contractor.
H. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction
to approve all phases of the Project designed or specified by Engineer and such reviews,
approvals, and consents from others as may be necessary for completion of each phase of the
Project.
Exhibit B - Owner’s Responsibilities
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
‘and American Society of Civil Engineers. All rights reserved. Page 2
Exhibit B – Owner’s Responsibilities
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
                                                               and American Society of Civil Engineers.  All rights reserved.                                                  Page 3 

I. Advise Engineer of the identity and scope of services of any independent consultants employed
by Owner to perform or furnish services in regard to the Project, including, but not limited to,
cost estimating, project peer review, value engineering, and constructibility review.
J. If Owner designates a construction manager or an individual or entity other than, or in addition
to, Engineer to represent Owner at the Site, define and set forth as an attachment to this
Exhibit B the duties, responsibilities, and limitations of authority of such other party and the
relation thereof to the duties, responsibilities, and authority of Engineer.
K. If more than one prime contract is to be awarded for the Work designed or specified by
Engineer, then designate a person or entity to have authority and responsibility for
coordinating the activities among the various prime Contractors, and define and set forth the
duties, responsibilities, and limitations of authority of such individual or entity and the relation
thereof to the duties, responsibilities, and authority of Engineer as an attachment to this Exhibit
B that is to be mutually agreed upon and made a part of this Agreement before such services
begin.
L. Inform Engineer in writing of any specific requirements of safety or security programs that are
applicable to Engineer, as a visitor to the Site.
M. Examine all alternative solutions, studies, reports, sketches, Drawings, Specifications,
proposals, and other documents presented by Engineer (including obtaining advice of an
attorney, risk manager, insurance counselor, financial/municipal advisor, and other advisors or
consultants as Owner deems appropriate with respect to such examination) and render in
writing timely decisions pertaining thereto.
N. Inform Engineer regarding any need for assistance in evaluating the possible use of Project
Strategies, Technologies, and Techniques, as defined in Exhibit A.
O. Advise Engineer as to whether Engineer’s assistance is requested in identifying opportunities
for enhancing the sustainability of the Project.
P. Place and pay for advertisement for Bids in appropriate publications.
Q. Furnish to Engineer data as to Owner’s anticipated costs for services to be provided by others
(including, but not limited to, accounting, bond and financial, independent cost estimating,
insurance counseling, and legal advice) for Owner so that Engineer may assist Owner in
collating the various cost categories which comprise Total Project Costs.
R. Attend and participate in the pre-bid conference, bid opening, pre-construction conferences,
construction progress and other job related meetings, and Site visits to determine Substantial
Completion and readiness of the completed Work for final payment.
S. Authorize Engineer to provide Additional Services as set forth in Part 2 of Exhibit A of the
Agreement, as required.
T. Perform or provide the following: None
‘Advise Engineer of the identity and scope of services of any independent consultants employed
by Owner to perform or furnish services in regard to the Project, including, but not limited to,
cost estimating, project peer review, value engineering, and constructibility review.
Hf Owner designates a construction manager or an individual or entity other than, or in addition
to, Engineer to represent Owner at the Site, define and set forth as an attachment to this
Exhibit B the duties, responsibilities, and limitations of authority of such other party and the
relation thereof to the duties, responsibilities, and authority of Engineer.
If more than one prime contract is to be awarded for the Work designed or specified by
Engineer, then designate a person or entity to have authority and responsibility for
coordinating the activities among the various prime Contractors, and define and set forth the
duties, responsibilities, and limitations of authority of such individual or entity and the relation
thereof to the duties, responsibilities, and authority of Engineer as an attachment to this Exhibit
B that is to be mutually agreed upon and made a part of this Agreement before such services
beg
Inform Engineer in writing of any specific requirements of safety or security programs that are
applicable to Engineer, as a visitor to the Site.
M. Examine all alternative solutions, studies, reports, sketches, Drawings, Specifications,
proposals, and other documents presented by Engineer (including obtaining advice of an
attorney, risk manager, insurance counselor, financial/municipal advisor, and other advisors or
consultants as Owner deems appropriate with respect to such examination) and render in
N. Inform Engineer regarding any need for assistance in evaluating the possible use of Project
Strategies, Technologies, and Techniques, as defined in Exhibit A.
©. Advise Engineer as to whether Engineer’s assistance is requested in identifying opportunities
for enhancing the sustainability of the Project.
P. Place and pay for advertisement for Bids in appropriate publications.
Q. Furnish to Engineer data as to Owner’s anticipated costs for services to be provided by others
(including, but not limited to, accounting, bond and financial, independent cost estimating,
insurance counseling, and legal advice) for Owner so that Engineer may assist Owner in
collating the various cost categories which comprise Total Project Costs.
R. Attend and participate in the pre-bid conference, bid opening, pre-construction conferences,
construction progress and other job related meetings, and Site visits to determine Substantial
Completion and readiness of the completed Work for final payment.
'S. Authorize Engineer to provide Additional Services as set forth in Part 2 of Exhibit A of the
‘Agreement, as required.
T. Perform or provide the following: None
Exhibit B - Owner’s Responsibilities
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
‘and American Society of Civil Engineers. All rights reserved. Page 3
Exhibit C –Compensation Packet BC-1: Basic Services (other than RPR) – Lump Sum Method of Payment
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
                                                               and American Society of Civil Engineers.  All rights reserved.                                               Page 1 

This is EXHIBIT C, consisting of 2 pages, referred
to in and part of the Agreement between Owner
and Engineer for Professional Services dated July
2020.
Payments to Engineer for Services and Reimbursable Expenses
COMPENSATION PACKET BC-1:  Basic Services – Lump Sum
Article 2 of the Agreement is supplemented to include the following agreement of the parties:
ARTICLE 2 – OWNER’S RESPONSIBILITIES
C2.01 Compensation for Basic Services (other than Resident Project Representative) – Lump Sum Method
of Payment
A. Owner shall pay Engineer for Basic Services set forth in Exhibit A, except for services of
Engineer’s Resident Project Representative, if any, as follows:

A Lump Sum amount of $31,500 based on the following estimated distribution of
compensation:

a. Study and Report Phase $31,500
b. Preliminary Design Phase $N/A
c. Final Design Phase $ N/A
d. Bidding and Negotiating Phase $ N/A
e. Construction Phase $ N/A
f. Post-Construction Phase $ N/A


Engineer may alter the distribution of compensation between individual phases noted
herein to be consistent with services actually rendered, but shall not exceed the total
Lump Sum amount unless approved in writing by the Owner.


The Lump Sum includes compensation for Engineer’s services and services of Engineer’s
Consultants, if any.  Appropriate amounts have been incorporated in the Lump Sum to
account for labor costs, overhead, profit, expenses (other than any expressly allowed
Reimbursable Expenses), and Consultant charges.


In addition to the Lump Sum, Engineer is also entitled to reimbursement from Owner for
the following Reimbursable Expenses (see Appendix 1 for rates or charges): N/A.


The portion of the Lump Sum amount billed for Engineer’s services will be based upon
Engineer’s estimate of the percentage of the total services actually completed during the
billing period. If any Reimbursable Expenses are expressly allowed, Engineer may also bill
for any such Reimbursable Expenses incurred during the billing period.


This is EXHIBIT C, consisting of 2 pages, referred
to in and part of the Agreement between Owner
and Engineer for Professional Services dated July
2020.
Payments to Engineer for Services and Reimbursable Expenses
COMPENSATION PACKET BC-1: Basic Services - Lump Sum
Article 2 of the Agreement is supplemented to include the following agreement of the parties:
ARTICLE 2 - OWNER’S RESPONSIBILITIES
2.01 Compensation for Basic Services (other than Resident Project Representative) - Lump Sum Method
of Payment
‘A. Owner shall pay Engineer for Basic Services set forth in Exhi
A, except for services of
Engineer’s Resident Project Representative, if any, as follows:

A Lump Sum amount of $34,500 based on the following estimated distribution of

compensation:
a. Study and Report Phase $31,500
b. Preliminary Design Phase SN/A
c. Final Design Phase SN/A
d. Bidding and Negotiating Phase SN/A
e. Construction Phase SN/A
f.  Post-Construction Phase SN/A


Engineer may alter the distribution of compensation between individual phases noted
herein to be consistent with services actually rendered, but shall not exceed the total
Lump Sum amount unless approved in writing by the Owner.


The Lump Sum includes compensation for Engineer’s services and services of Engineer’s,
Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to
account for labor costs, overhead, profit, expenses (other than any expressly allowed
Reimbursable Expenses), and Consultant charges.


4, _ Inaddition to the Lump Sum, Engineer is also entitled to reimbursement from Owner for
the following Reimbursable Expenses (see Appendix 1 for rates or charges): N/A.

The portion of the Lump Sum amount billed for Engineer’s services will be based upon
Engineer’s estimate of the percentage of the total services actually completed during the
billing period. If any Reimbursable Expenses are expressly allowed, Engineer may also bill
for any such Reimbursable Expenses incurred during the billing period.

Exhibit C—Compensation Packet BC-1: Basic Services (other than RPR) — Lump Sum Method of Payment.
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 1
Exhibit C –Compensation Packet BC-1: Basic Services (other than RPR) – Lump Sum Method of Payment
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
                                                               and American Society of Civil Engineers.  All rights reserved.                                               Page 2 

B. Period of Service:  The compensation amount stipulated in Compensation Packet BC-1 is
conditioned on a period of service not exceeding ____ months.  If such period of service is
extended, the compensation amount for Engineer’s services shall be appropriately adjusted
with concurrence of the Owner and Agency.
B. Period of Service: The compensation amount stipulated in Compensation Packet BC-1 is
conditioned on a period of service not exceeding _ months. If such period of service is
extended, the compensation amount for Engineer’s services shall be appropriately adjusted
with concurrence of the Owner and Agency.
Exhibit C—Compensation Packet BC-1: Basic Services (other than RPR) — Lump Sum Method of Payment.
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 2
Exhibit C – Compensation Packet AS-1:  Additional Services –
Standard Hourly Rates Method of Payment.
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
                                                                and American Society of Civil Engineers.  All rights reserved.                                                 Page 1 

COMPENSATION PACKET AS-1:

Additional Services – Standard Hourly Rates
Article 2 of the Agreement is supplemented to include the following agreement of the parties:
C2.05 Compensation for Additional Services – Standard Hourly Rates Method of Payment
A. Owner shall pay Engineer for Additional Services, if any, as follows:

General:  For services of Engineer’s personnel engaged directly on the Project pursuant
to Paragraph A2.01 or A2.02 of Exhibit A, except for services as a consultant or witness
under Paragraph A2.01.A.20, (which if needed shall be separately negotiated based on
the nature of the required consultation or testimony) an amount equal to the cumulative
hours charged to the Project by each class of Engineer’s personnel times Standard Hourly
Rates for each applicable billing class for all Additional Services performed on the Project,
plus related Reimbursable Expenses and Engineer’s Consultant’s charges, if any.

B. Compensation For Reimbursable Expenses:


For those Reimbursable Expenses that are not accounted for in the compensation for
Basic Services under Paragraph C2.01 and are directly related to the provision of
Additional Services, Owner shall pay Engineer at the rates set forth in Appendix 1 to this
Exhibit C.


Reimbursable Expenses include the expenses identified in Appendix 1 and the following
categories:  transportation (including mileage), lodging, and subsistence incidental
thereto; providing and maintaining field office facilities including furnishings and utilities;
toll telephone calls, mobile phone charges, and courier charges; reproduction of reports,
Drawings, Specifications, bidding-related or other procurement documents,
Construction Contract Documents, and similar Project-related items; and Consultants’
charges. In addition, if authorized in advance by Owner, Reimbursable Expenses will also
include expenses incurred for the use of highly specialized equipment.


The amounts payable to Engineer for Reimbursable Expenses, if any, will be the
Additional Services-related internal expenses actually incurred or allocated by Engineer,
plus all invoiced external Reimbursable Expenses allocable to such Additional Services,
the latter multiplied by a factor of 1.10.


The Reimbursable Expenses Schedule will be adjusted annually (as of January 1) to
reflect equitable changes in the compensation payable to Engineer.


C. Other Provisions Concerning Payment for Additional Services:

Whenever Engineer is entitled to compensation for the charges of Engineer’s
Consultants, those charges shall be the amounts billed by Engineer’s Consultants to
Engineer times a factor of 1.10.

COMPENSATION PACKET AS-1:
Additional Services - Standard Hourly Rates
Article 2 of the Agreement is supplemented to include the following agreement of the parties:
(2.05 Compensation for Additional Services - Standard Hourly Rates Method of Payment
‘A. Owner shall pay Engineer for Additional Services, if any, as follows:
1
General: For services of Engineer’s personnel engaged directly on the Project pursuant
to Paragraph A2.01 or A2.02 of Exhibit A, except for services as a consultant or witness
under Paragraph A2.01.A.20, (which if needed shall be separately negotiated based on
the nature of the required consultation or testimony) an amount equal to the cumulative
hours charged to the Project by each class of Engineer’s personnel times Standard Hourly
Rates for each applicable billing class for all Additional Services performed on the Project,
plus related Reimbursable Expenses and Engineer’s Consultant’s charges, if any.

Compensation For Reimbursable Expenses:

1
For those Reimbursable Expenses that are not accounted for in the compensation for
Basic Services under Paragraph C2.01 and are directly related to the provision of
Additional Services, Owner shall pay Engineer at the rates set forth in Appendix 1 to this
Exhibit C.
Reimbursable Expenses include the expenses identified in Appendix 1 and the following
categories: transportation (including mileage), lodging, and subsistence incidental
thereto; providing and maintaining field office facilities including furnishings and utilities;
toll telephone calls, mobile phone charges, and courier charges; reproduction of reports,
Drawings, Specifications, bidding-related or other procurement documents,
Construction Contract Documents, and similar Project-related items; and Consultants’
charges. In addition, if authorized in advance by Owner, Reimbursable Expenses will also
include expenses incurred for the use of highly specialized equipment.
The amounts payable to Engineer for Reimbursable Expenses, if any, will be the
Additional Services-related internal expenses actually incurred or allocated by Engineer,
plus all invoiced external Reimbursable Expenses allocable to such Additional Services,
the latter multiplied by a factor of 1.10.
The Reimbursable Expenses Schedule will be adjusted annually (as of January 1) to
reflect equitable changes in the compensation payable to Engineer.
C. Other Provisions Concerning Payment for Additional Services:
1
Whenever Engineer is entitled to compensation for the charges of Engineer’s
Consultants, those charges shall be the amounts billed by Engineer’s Consultants to
Engineer times a factor of 1.10.
5
it C= Compensation Packet AS-1: Additional Services —
‘Standard Hourly Rates Method of Payment.
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
‘and American Society of Civil Engineers. All rights reserved. Page 1
Exhibit C – Compensation Packet AS-1:  Additional Services –
Standard Hourly Rates Method of Payment.
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
                                                                and American Society of Civil Engineers.  All rights reserved.                                                 Page 2 



Factors:  The external Reimbursable Expenses and Engineer’s Consultant’s Factors
include Engineer’s overhead and profit associated with Engineer’s responsibility for the
administration of such services and costs.


To the extent necessary to verify Engineer’s charges and upon Owner’s timely request,
Engineer shall make copies of such records available to Owner at NO cost.


Factors: The external Reimbursable Expenses and Engineer’s Consultant’s Factors
include Engineer’s overhead and profit associated with Engineer’s responsibility for the
administration of such services and costs.


To the extent necessary to verify Engineer’s charges and upon Owner’s timely request,
Engineer shall make copies of such records available to Owner at NO cost.


5
it C= Compensation Packet AS-1: Additional Services —
‘Standard Hourly Rates Method of Payment.
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 2
Exhibit D - Resident Project Representative.
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                           Page 1
This is Appendix 1 to EXHIBIT C, consisting of 3 pages,
referred to in and part of the Agreement between
Owner and Engineer for Professional Services dated

July, 2020
THE THRASHER GROUP, INC.
STANDARD RATE SCHEDULE
2020 RATES
Hourly Rate Schedule and Reimbursable Expenses Schedule
Engineering Services
Sr. Project Manager $180.00 Hour
Project Manager II $160.00 Hour
Project Manager I  $130.00 Hour
Project Coordinator $125.00 Hour
Professional Engineer $150.00 Hour
Sr. Project Engineer $145.00 Hour
Project Engineer  $125.00 Hour
Staff Engineer $100.00 Hour
Sr. Engineering Technician $105.00 Hour
Engineering Technician $95.00 Hour
CAD Manager $125.00 Hour
Sr. CAD Technician $105.00 Hour
CAD Technician II $85.00 Hour
CAD Technician I $65.00 Hour
Architectural Services
Licensed Architect $180.00 Hour
Landscape Architect $125.00 Hour
Project Architect $95.00 Hour
Architecture Technician $65.00 Hour
Environmental Services
Sr. Environmental Project Manager $175.00 Hour
Environmental Manager III $150.00 Hour
Environmental Manager II $135.00 Hour
Environmental Manager I $120.00 Hour
Environmental Scientist II $110.00 Hour
Environmental Scientist I $95.00 Hour
Environmental Technician II $80.00 Hour
Environmental Technician I $65.00 Hour
Wildlife Biologist $95.00 Hour
Survey Services
This is Appendix 1 to EXHIBIT C, consisting of 3 pages,
referred to in and part of the Agreement between
Owner and Engineer for Professional Services dated
July, 2020
‘THE THRASHER GROUP, INC.
STANDARD RATE SCHEDULE
2020 RATES
Hourly Rate Schedule and Reimbursable Expenses Schedule
Engi 1a Services
Sr. Project Manager $180.00 Hour
Project Manager I! $160.00 Hour
Project Manager | $130.00 Hour
Project Coordinator $125.00 Hour
Professional Engineer $150.00 Hour
Sr. Project Engineer $145.00 Hour
Project Engineer $125.00 Hour
Staff Engineer $100.00 Hour
Sr. Engineering Technician $105.00 Hour
Engineering Technician $95.00 Hour
CAD Manager $125.00 Hour
Sr. CAD Technician $105.00 Hour
CAD Technician II $85.00 Hour
CAD Technician | $65.00 Hour
Architectural Services
Licensed Architect $180.00 Hour
Landscape Architect $125.00 Hour
Project Architect $95.00 Hour
Architecture Technician $65.00 Hour
Sr. Environmental Project Manager $175.00 Hour
Environmental Manager III $150.00 Hour
Environmental Manager I! $135.00 Hour
Environmental Manager | $120.00 Hour
Environmental Scientist It $110.00 Hour
Environmental Scientist | $95.00 Hour
Environmental Technician I! $80.00 Hour
Environmental Technician | $65.00 Hour
Wildlife Biologist $95.00 Hour
‘Survey Services
Exhibit D - Resident Project Representative.
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
‘and American Society of Civil Engineers. All rights reserved Page 1
Exhibit D - Resident Project Representative.
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                           Page 2
Professional Land Surveyor $150.00 Hour
Senior Survey Manager $150.00 Hour
Survey Project Manager $120.00 Hour
Survey Field/Crew Supervisor $90.00 Hour
1-Person Survey Crew $95.00 Hour
2-Person Survey Crew $115.00 Hour
3-Person Survey Crew $165.00 Hour
811 Utility Manager $125.00 Hour
Utility Locator $90.00 Hour
Certified Programmist $150.00 Hour
Stereo Compiler $90.00 Hour
Orthophoto Tech $85.00 Hour
Mapper/Data Processor $80.00 Hour
UAS Flight Crew $140.00 Hour
GISP $100.00 Hour
GIS Technician $80.00 Hour
CADD Technician II $85.00 Hour
CADD Technician I $65.00 Hour
Lidar Tech II $90.00 Hour
Lidar Tech I $80.00 Hour
Scanning Crew $120.00 Hour
Pre-Con Road Video $130.00 Hour
Construction Services
E & S Construction Monitoring $95.00 Hour
Sr. Construction Manager $125.00 Hour
Construction Manager $110.00 Hour
Senior Project Representative $85.00 Hour
Project Representative $75.00 Hour
Material Testing Tech $72.00 Hour
2 Person I & I Crew (Includes equipment $130.00 Hour
Safety Administrator  $120.00 Hour
E&S Inspection (Does not include lodging) $85.00 Hour
E&S Inspection (Does not include lodging;
based on (6) 10 hour days) $850.00 Day
Utility Inspector (Does not include lodging;
based on (6) 10 hour days $850.00 Day
Chief Inspector (Does not include lodging;
based on (6) 10 hour days $1,250.00 Day
Clerical $50.00 Hour
Accounting $75.00 Hour
Equipment
Robot-GPS $125.00 Day
ATV/UTV (Four Wheeler) $40.00 Day
Drone $80.00 Day
Laboratory Testing
Professional Land Surveyor
Senior Survey Manager
Survey Project Manager
Survey Field/Crew Supervisor
1-Person Survey Crew
2-Person Survey Crew
3-Person Survey Crew
811 Utility Manager
Utility Locator
Certified Programmist
Stereo Compiler
Orthophoto Tech
Mapper/Data Processor
UAS Flight Crew
ISP
GIS Technician
CADD Technician I
CADD Technician |
Lidar Tech I
Lidar Tech |
‘Scanning Crew
Pre-Con Road Video
Construction Services
E & S Construction Monitoring
Sr. Construction Manager
Construction Manager
Senior Project Representative
Project Representative
Material Testing Tech
2 Person | & | Crew (Includes equipment
Safety Administrator
E&S Inspection (Does not include lodging)
ES Inspection (Does not include lodging:
based on (6) 10 hour days)
Utility Inspector (Does not include lodging:
based on (6) 10 hour days
Chief Inspector (Does not include lodging:
based on (6) 10 hour days
Clerical
‘Accounting
Equipment
Robot-GPS
ATVIUTV (Four Wheeler)
Drone
Laboratory Testing
$150.00 Hour
$150.00 Hour
$120.00 Hour
$90.00 Hour
$95.00 Hour
$115.00 Hour
$165.00 Hour
$125.00 Hour
$90.00 Hour
$150.00 Hour
$90.00 Hour
$85.00 Hour
$80.00 Hour
$140.00 Hour
$100.00 Hour
$80.00 Hour
$85.00 Hour
$65.00 Hour
$90.00 Hour
$80.00 Hour
$120.00 Hour
$130.00 Hour
$95.00 Hour
$125.00 Hour
$110.00 Hour
$85.00 Hour
$75.00 Hour
$72.00 Hour
$130.00 Hour
‘$120.00 Hour
$85.00 Hour
$850.00 Day
‘$850.00 Day
$1,250.00 Day
$50.00 Hour
$75.00 Hour
$125.00 Day
$40.00 Day
$80.00 Day
Exhibit D - Resident Project Representative.
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
‘and American Society of Civil Engineers. All rights reserved.
Page 2
Exhibit D - Resident Project Representative.
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                           Page 3
Standard Proctor (ASTM D698) $150.00 Each
Modified Proctor (ASTM D1557) $200.00 Each
Atterberg Limits (ASTM D4318) $70.00 Each
Hydrometer Analysis (ASTM D422) $275.00 Each
Compression Testing (Concrete / Grout /
Mortar Cubes / Co) $18.00 Each
Compression Testing (Masonry Blocks) $45.00 Each
Aggregate Gradation $120.00 Each
#200Wash (ASTM D422) $45.00 Each
Moisture Content (ASTM D2216) $30.00 Each
Fireproofing Density $75.00 Each
Soil Classification (ASTM D2487) $550.00 Each
Soil Chemical Analysis (Pyrite) $50.00 Each
Asphalt/Concrete Cores (Density, % Air
Voids) $50.00 Each
Equipment Fee $50.00 Day
Administrative Work $25.00 Day
Floor Flatness Equipment $100.00 Day
Asphalt/Concrete Core Drill $300.00 Day
Reproduction of Drawings
Printed Copies (11” x 17”) $0.50 Sheet
Printed Copies (22” x 34”) $1.10 Sheet

Reproduction in excess of the normal project requirement of three (3) sets of final construction
drawings

Miscellaneous Notes


Overtime rate of 1.5x applies after 40 hours, weekends, and Holidays.


Fees will be billed per schedule above for time the work is performed. Out of pocket expenses
will be reimbursed at cost, and necessary mileage will be reimbursed at the federal rate in effect at
the time work is performed. Per Diem is $55.00 per day per person for overnight stay.


Expert Witness Testimony required by Client will be billed at an hourly rate plus 20% for the
Classification required.


Miscellaneous services and expenses required by the Engineer to complete specialty services
required by the client and to expedite project delivery. Engineering Consultants, Geotechnical, Land
& Right of Way Acquisition, Specialized Inspection Services, Environmental, Historical & Cultural
Surveys, Timber Appraisals, etc. will be billed on a cost plus 15% basis. Hourly Rates are subject to
overtime at a rate of 1.5x after 40 hours, weekends, and holidays.


Each project will be bid as a lump sum, not to exceed, based on a scope of work provided by
respective project managers for the Client and agreed upon by both Parties. Rates may differ from
the rate schedule provided, due to specific details outlined in the project scope. All out of scope
work will be invoiced based on the rate schedule provided.


Rates are subject to periodic revision.


‘Standard Proctor (ASTM D698)
Modified Proctor (ASTM D1557)
Atterberg Limits (ASTM D4318)
Hydrometer Analysis (ASTM D422)
Compression Testing (Concrete / Grout /
Mortar Cubes / Co)
Compression Testing (Masonry Blocks)
Aggregate Gradation
#200Wash (ASTM D422)
Moisture Content (ASTM D2216)
Fireproofing Density
Soil Classification (ASTM D2487)
Soil Chemical Analysis (Pyrite)
Asphalt/Concrete Cores (Density, % Air
Voids)
Equipment Fee
Administrative Work
Floor Flatness Equipment
Asphalt/Concrete Core Drill
Reproduction of Drawings
Printed Copies (11” x 17”)
Printed Copies (22” x 34”)
$150.00 Each
$200.00 Each
$70.00 Each
$275.00 Each
$18.00 Each
$45.00 Each
$120.00 Each
$45.00 Each
$30.00 Each
$75.00 Each
$550.00 Each
$50.00 Each
$50.00 Each
$50.00 Day
$25.00 Day
$100.00 Day
$300.00 Day
$0.50 Sheet
$1.10 Sheet

Reproduction in excess of the normal project requirement of three (3) sets of final construction

drawings
Miscellaneous Notes


Overtime rate of 1.5x applies after 40 hours, weekends, and Holidays.


Fees will be billed per schedule above for time the work is performed. Out of pocket expenses


will be reimbursed at cost, and necessary mileage will be reimbursed at the federal rate in effect at
the time work is performed. Per Diem is $55.00 per day per person for overnight stay.
3) Expert Witness Testimony required by Client will be billed at an hourly rate plus 20% for the
Classification required.

Miscellaneous services and expenses required by the Engineer to complete specialty services
required by the client and to expedite project delivery. Engineering Consultants, Geotechnical, Land

& Right of Way Acquisition, Specialized Inspection Services, Environmental, Historical & Cultural
Surveys, Timber Appraisals, etc. will be billed on a cost plus 15% basis. Hourly Rates are subject to
overtime at a rate of 1.5x after 40 hours, weekends, and holidays.

Each project will be bid as a lump sum, not to exceed, based on a scope of work provided by
respective project managers for the Client and agreed upon by both Parties. Rates may differ from
the rate schedule provided, due to specific details outlined in the project scope. All out of scope

work will be invoiced based on the rate schedule provided.

Rates are subject to periodic revision.

Exhibit D - Resident Project Representative.
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
‘and American Society of Civil Engineers. All rights reserved.
Page 3
Exhibit E – Notice of Acceptability of Work.
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                          Page 1
This is EXHIBIT E, consisting of 2 pages, referred
to in and part of the Agreement between Owner
and Engineer for Professional Services dated
July 2020.
NOTICE OF ACCEPTABILITY OF WORK
PROJECT:
OWNER:
CONTRACTOR:
OWNER’S CONSTRUCTION CONTRACT IDENTIFICATION:
EFFECTIVE DATE OF THE CONSTRUCTION CONTRACT:
ENGINEER:
NOTICE DATE:
To:

Owner
And  To:

Contractor
From:

Engineer
The Engineer hereby gives notice to the above Owner and Contractor that Engineer has recommended final
payment of Contractor, and that the Work furnished and performed by Contractor under the above
Construction Contract is acceptable, expressly subject to the provisions of the related Contract Documents,
the Agreement between Owner and Engineer for Professional Services dated ______, and the following
terms and conditions of this Notice:
This is EXHIBIT E, consisting of 2 pages, referred
to in and part of the Agreement between Owner
and Engineer for Professional Services dated
July 2020.
EJCDC=
ENGINEERS JOINT CONTRACT
DOCUMENTS COMMITTEE
NOTICE OF ACCEPTABILITY OF WORK
PROJECT:
OWNER:
CONTRACTOR:
OWNER’S CONSTRUCTION CONTRACT IDENTIFICATION:
EFFECTIVE DATE OF THE CONSTRUCTION CONTRACT:
ENGINEER:
NOTICE DAT!
To:
‘Owner
And To:
Contractor
From:
Engineer
The Engineer hereby gives notice to the above Owner and Contractor that Engineer has recommended final
payment of Contractor, and that the Work furnished and performed by Contractor under the above
Construction Contract is acceptable, expressly subject to the provisions of the related Contract Documents,
the Agreement between Owner and Engineer for Professional Services dated , and the following
terms and conditions of this Notice:
Exhibit E — Notice of Acceptability of Work.
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
‘and American Society of Civil Engineers. All rights reserved. Page 1
Exhibit E – Notice of Acceptability of Work.
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                          Page 2
CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK
The Notice of Acceptability of Work (“Notice”) is expressly made subject to the following terms and
conditions to which all those who receive said Notice and rely thereon agree:

This Notice is given with the skill and care ordinarily used by members of the engineering

profession practicing under similar conditions at the same time and in the same locality.


This Notice reflects and is an expression of the Engineer’s professional opinion.


This Notice is given as to the best of Engineer’s knowledge, information, and belief as of
the Notice Date.


This Notice is based entirely on and expressly limited by the scope of services Engineer
has been employed by Owner to perform or furnish during construction of the Project
(including observation of the Contractor’s work) under Engineer’s Agreement with
Owner, and applies only to facts that are within Engineer’s knowledge or could
reasonably have been ascertained by Engineer as a result of carrying out the
responsibilities specifically assigned to Engineer under such Agreement.


This Notice is not a guarantee or warranty of Contractor’s performance under the
Construction Contract, an acceptance of Work that is not in accordance with the related
Contract Documents, including but not limited to defective Work discovered after final
inspection, nor an assumption of responsibility for any failure of Contractor to furnish
and perform the Work thereunder in accordance with the Construction Contract
Documents, or to otherwise comply with the Construction Contract Documents or the
terms of any special guarantees specified therein.


This Notice does not relieve Contractor of any surviving obligations under the
Construction Contract, and is subject to Owner’s reservations of rights with respect to
completion and final payment.


By:
Title:
Dated:
CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK
The Notice of Acceptability of Work (“Notice”) is expressly made subject to the following terms and
conditions to which all those who receive said Notice and rely thereon agree:
1
By:
Title:
Dated:
This Notice is given with the skill and care ordinarily used by members of the engineering
profession practicing under similar conditions at the same time and in the same locality.
This Notice reflects and is an expression of the Engineer’s professional opinion.
This Notice is given as to the best of Engineer’s knowledge, information, and belief as of
the Notice Date.
This Notice is based entirely on and expressly limited by the scope of services Engineer
has been employed by Owner to perform or furnish during construction of the Project
{including observation of the Contractor’s work) under Engineer’s Agreement with
Owner, and applies only to facts that are within Engineer’s knowledge or could
reasonably have been ascertained by Engineer as a result of carrying out the
responsibilities specifically assigned to Engineer under such Agreement.
This Notice is not a guarantee or warranty of Contractor’s performance under the
Construction Contract, an acceptance of Work that is not in accordance with the related
Contract Documents, including but not limited to defective Work discovered after final
inspection, nor an assumption of responsibility for any failure of Contractor to furnish
and perform the Work thereunder in accordance with the Construction Contract
Documents, or to otherwise comply with the Construction Contract Documents or the
terms of any special guarantees specified therein.
This Notice does not relieve Contractor of any surviving obligations under the
Construction Contract, and is subject to Owner’s reservations of rights with respect to.
completion and final payment.
Exhibit E — Notice of Acceptability of Work.
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
‘and American Society of Civil Engineers. All rights reserved. Page 2
Exhibit G – Insurance.
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                 Page 1
This is EXHIBIT G, consisting of 3 pages, referred
to in and part of the Agreement between Owner
and Engineer for Professional Services dated
July 2020.
Insurance
Paragraph 6.05 of the Agreement is supplemented to include the following agreement of the parties:
G6.05 Insurance
A. The limits of liability for the insurance required by Paragraph 6.05.A and 6.05.B of the
Agreement are as follows:

By Engineer:

a. Workers’ Compensation:  Statutory
b. Employer’s Liability –

Bodily injury, each accident: $1,000,000
Bodily injury by disease, each employee: $1,000,000
Bodily injury/disease, aggregate: $1,000,000

c. General Liability –

Each Occurrence (Bodily Injury and Property Damage): $1,000,000
General Aggregate:                 $2,000,000

d. Excess or Umbrella Liability –

Per Occurrence: $10,000,000
General Aggregate: $10,000,000

e. Automobile Liability --Combined Single Limit (Bodily Injury and Property Damage):
$1,000,000
f. Professional Liability –

Each Claim Made $5,000,000
Annual Aggregate $5,000,000

g. Other (specify):


Umbrella - Commercial  $5,000,000 



Insurance
This is EXHIBIT G, consisting of 3 pages, referred
to in and part of the Agreement between Owner
and Engineer for Professional Services dated
July 2020.
Paragraph 6.05 of the Agreement is supplemented to include the following agreement of the parties:
66.05 Insurance
A
The limits of liability for the insurance required by Paragraph 6.05.A and 6.05.8 of the
‘Agreement are as follows:
By Engineer:
Workers’ Compensation: Statutory
Employer’s Liability —

Bodily injury, each accident: $1,000,000
Bodily injury by disease, each employee: $1,000,000
Bodily injury/disease, aggregate: $1,000,000

General Liability ~

Each Occurrence (Bodily Injury and Property Damage): $1,000,000
General Aggregate: $2,000,000

Excess or Umbrella Liability —

Per Occurrence: $10,000,000
General Aggregate: $10,000,000

Automobile Liability -Combined Single Limit (Bodily Injury and Property Damage):
$1,000,000
Professional Liability ~

Each Claim Made $5,000,000
Annual Aggregate $5,000,000
Other (specify):
Umbrella - Commercial $5,000,000

Exhibit G — Insurance.
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 1
Exhibit G – Insurance.
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                 Page 2

By Owner:

a. Workers’ Compensation:  Statutory
b. Employer’s Liability –

Bodily injury, Each Accident $[            ]
Bodily injury by Disease, Each Employee $[            ]
Bodily injury/Disease, Aggregate  $[            ]

c. General Liability –

General Aggregate:                 $[            ]
Each Occurrence (Bodily Injury and Property Damage): $[            ]

d. Excess Umbrella Liability

Per Occurrence: $[            ]
General Aggregate: $[            ]

e. Automobile Liability – Combined Single Limit (Bodily Injury and Property Damage):
$[            ]
f. Other (specify):              $[            ]
B. Additional Insureds:


The following individuals or entities are to be listed on Owner’s general liability policies
of insurance as additional insureds:


By Owner:
a. Workers’ Compensation: Statutory


Employer’s Liability

Bodily injury, Each Accident at 1
Bodily injury by Disease, Each Employee S[_ J
Bodily injury/Disease, Aggregate SL 1

©. General Liability


General Aggregate: sd


Each Occurrence (Bodily Injury and Property Damage): S{___}
d. Excess Umbrella Liability


Per Occurrence: SL ]


General Aggregate: SL ]


e, Automobile Liability ~ Combined Single Limit (Bodily Injury and Property Damage):
SL 1
f. Other (specify): SL ]


Additional insureds:


The following individuals or entities are to be listed on Owner’s general liability policies
of insurance as additional insureds:


Exhibit G — Insurance.
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 2
Exhibit G – Insurance.
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                 Page 3
a.
The Thrasher Group
Engineer
b.
Engineer’s Consultant
c.
Engineer’s Consultant
d.

[other]

During the term of this Agreement the Engineer shall notify Owner of any other

Consultant to be listed as an additional insured on Owner’s general liability policies of
insurance.

The Owner shall be listed on Engineer’s general liability policy as provided in
Paragraph 6.05.A.

a. _The Thrasher Group
Engineer
b.
Engineer’s Consultant
c
Engineer’s Consultant
4.
[other]


During the term of this Agreement the Engineer shall notify Owner of any other
Consultant to be listed as an additional insured on Owner’s general liability policies of
‘insurance.


The Owner shall be listed on Engineer’s general liability policy as provided in
Paragraph 6.05.A.


Exhibit G — Insurance.
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 3
Exhibit H - Dispute Resolution.
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                     Page 1
This is EXHIBIT H, consisting of 1 pages, referred to
in and part of the Agreement between Owner and
Engineer for Professional Services dated July 2020.
Dispute Resolution
Paragraph 6.09 of the Agreement is supplemented to include the following agreement of the parties:
H6.08 Dispute Resolution
A. Mediation:  Owner and Engineer agree that they shall first submit any and all unsettled claims,
counterclaims, disputes, and other matters in question between them arising out of or relating to
this Agreement or the breach thereof (“Disputes”) to mediation by________.  Owner and Engineer
agree to participate in the mediation process in good faith.  The process shall be conducted on a
confidential basis, and shall be completed within 120 days.  If such mediation is unsuccessful in
resolving a Dispute, then (1) the parties may mutually agree to a dispute resolution of their choice,
or (2) either party may seek to have the Dispute resolved by a court of competent jurisdiction.
This is EXHIBIT H, consisting of 1 pages, referred to
in and part of the Agreement between Owner and
Engineer for Professional Services dated July 2020.
Dispute Resolution
Paragraph 6.09 of the Agreement is supplemented to include the following agreement of the parties:
H6.08 Dispute Resolution
‘A. Mediation: Owner and Engineer agree that they shall first submit any and all unsettled claims,
counterclaims, disputes, and other matters in question between them arising out of or relating to
this Agreement or the breach thereof (“Disputes”) to mediation by. Owner and Engineer
agree to participate in the mediation process in good faith. The process shall be conducted on a
confidential basis, and shall be completed within 120 days. If such mediation is unsuccessful in
resolving a Dispute, then (1) the parties may mutually agree to a dispute resolution of their choice,
or (2) either party may seek to have the Dispute resolved by a court of competent jurisdiction,
Exhibit H - Dispute Resolution.
EJCDC® £-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
‘and American Society of Civil Engineers. All rights reserved. Page 1
Exhibit I - Limitations on Liability.
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
                                                                      and American Society of Civil Engineers.  All rights reserved.                                                   Page 1 

This is EXHIBIT I, consisting of 2 pages, referred
to in and part of the Agreement between Owner
and Engineer for Professional Services dated
July 2020.
Limitations of Liability
Paragraph 6.11 of the Agreement is supplemented to include the following agreement of the parties:
A. Limitation of Engineer’s Liability


Engineer’s Liability Limited to Amount of Engineer’s Compensation:  To
the fullest extent permitted byLaws and Regulations, and
notwithstanding any other provision of this Agreement, the total
liability, in the aggregate, of Engineer and Engineer’s officers, directors,
members, partners, agents, employees, and Consultants, to Owner and
anyone claiming by, through, or under Owner for any and all claims,
losses, costs, or damages whatsoever arising out of, resulting from, or
in any way related to the Project or the Agreement from any cause or
causes, including but not limited to the negligence, professional errors
or omissions, strict liability, breach of contract, indemnity obligations,
or warranty express or implied of Engineer or Engineer’s officers,
directors, members, partners, agents, employees, or Consultants shall
not exceed the total compensation received by Engineer under this
Agreement.


Exclusion of Special, Incidental, Indirect, and Consequential Damages:

To the fullest extent permitted by Laws and Regulations, and
notwithstanding any other provision in the Agreement, consistent with
the terms of Paragraph 6.11, the Engineer and Engineer’s officers,
directors, members, partners, agents, Consultants, and employees shall
not be liable to Owner or anyone claiming by, through, or under Owner
for any and all claims for or entitlement to special, incidental, indirect,
or consequential damages arising out of, resulting from, or in any way
related to this Agreement or the Project, from any cause or causes. ,

including but not limited to:


B. Indemnification by Owner:  To the fullest extent permitted by Laws and
Regulations, Owner shall indemnify and hold harmless Engineer and its
officers, directors, members, partners, agents, employees, and Consultants
from and against any and all claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects, attorneys, and
other professionals, and all court, arbitration, or other dispute resolution
costs) arising out of or relating to the Project, provided that any such claim,
cost, loss, or damage is attributable to bodily injury, sickness, disease, or death
or to injury to or destruction of tangible property (other than the Work itself),
including the loss of use resulting therefrom, but only to the extent caused by
This is EXHIBIT I, consisting of 2 pages, referred
to in and part of the Agreement between Owner
and Engineer for Professional Services dated
July 2020.
Limitations of Liability
Paragraph 6.11 of the Agreement is supplemented to include the following agreement of the parties:
‘A. Limitation of Engineer’s Liability


Engineer’s Liability Limited to Amount of Engineer’s Compensation: To
the fullest extent permitted bylaws and Regulations, and
notwithstanding any other provision of this Agreement, the total
liability, in the aggregate, of Engineer and Engineer’s officers, directors,
members, partners, agents, employees, and Consultants, to Owner and
anyone claiming by, through, or under Owner for any and all claims,
losses, costs, or damages whatsoever arising out of, resulting from, or
in any way related to the Project or the Agreement from any cause or
causes, including but not limited to the negligence, professional errors
or omissions, strict liability, breach of contract, indemnity obligations,
or warranty express or implied of Engineer or Engineer’s officers,
directors, members, partners, agents, employees, or Consultants shall
not exceed the total compensation received by Engineer under this
Agreement.


Exclusion of Special, incidental, indirect, and Consequential Damages:
To the fullest extent permitted by Laws and Regulations, and
notwithstanding any other provision in the Agreement, consistent with
the terms of Paragraph 6.11, the Engineer and Engineer’s officers,
directors, members, partners, agents, Consultants, and employees shall
not be liable to Owner or anyone claiming by, through, or under Owner
for any and all claims for or entitlement to special, incidental, indirect,
or consequential damages arising out of, resulting from, or in any way
related to this Agreement or the Project, from any cause or causes. +


including but notlimitedto:
B. Indemnification by Owner: To the fullest extent permitted by Laws and
Regulations, Owner shall indemnify and hold harmless Engineer and its
officers, directors, members, partners, agents, employees, and Consultants
from and against any and all claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects, attorneys, and
other professionals, and all court, arbitration, or other dispute resolution
costs) arising out of or relating to the Project, provided that any such claim,
cost, loss, or damage is attributable to bodily injury, sickness, disease, or death
oF to injury to or destruction of tangible property (other than the Work itself),
including the loss of use resulting therefrom, but only to the extent caused by
Exhibit | Limitations on Liability.
ICDC" E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Paget
Exhibit I - Limitations on Liability.
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
                                                                      and American Society of Civil Engineers.  All rights reserved.                                                   Page 2 

any negligent act or omission of Owner or Owner’s officers, directors,
members, partners, agents, employees, consultants, or others retained by or
under contract to the Owner with respect to this Agreement or to the Project.
any negligent act or omission of Owner or Owner’s officers, directors,
members, partners, agents, employees, consultants, or others retained by or
under contract to the Owner with respect to this Agreement or to the Project.
Exhibit | Limitations on Liability.
EJCDC* £-500, Agreement Between Owner and Engineer for Profe:
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page2
Exhibit K – Amendment to Owner-Engineer Agreement.
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                    Page 1
This is EXHIBIT K, consisting of 2 pages, referred
to in and part of the Agreement between Owner
and Engineer for Professional Services dated
July 2020.
AMENDMENT TO OWNER-ENGINEER AGREEMENT
Amendment No. _____
The Effective Date of this Amendment is: ______.
Background Data
Effective Date of Owner-Engineer Agreement:
Owner:
Engineer:
Project:
Nature of Amendment: [Check those that are applicable and delete those that are inapplicable.]
____ Additional Services to be performed by Engineer
____ Modifications to services of Engineer
____ Modifications to responsibilities of Owner
____ Modifications of payment to Engineer
____ Modifications to time(s) for rendering services
____ Modifications to other terms and conditions of the Agreement
Description of Modifications:
Here describe the modifications, in as much specificity and detail as needed.  Use an
attachment if necessary.
Agreement Summary:
 Original agreement amount:    $_____________ 
 Net change for prior amendments:               $_____________ 
 This amendment amount:                  $_____________ 
 Adjusted Agreement amount:              $_____________ 

 Change in time for services (days or date, as applicable): ______ 

This is EXHIBIT K, consisting of 2 pages, referred
to in and part of the Agreement between Owner
and Engineer for Professional Services dated
July 2020.
AMENDMENT TO OWNER-ENGINEER AGREEMENT
Amendment No.
The Effective Date of this Amendment
Background Data
Effective Date of Owner-Engineer Agreement:
Owner:
Engineer:
Project:
Nature of Amendment: [Check those that are applicable and delete those that are inapplicable.]
Additional Services to be performed by Engineer
Modifications to services of Engineer
Mok
ications to responsibilities of Owner
Modifications of payment to Engineer
Modifications to time(s) for rendering services
____ Modifications to other terms and conditions of the Agreement
Description of Modifications:
Here describe the modifications, in as much specificity and detail as needed. Use an
attachment if necessary.
‘Agreement Summary:
Original agreement amount:
Net change for prior amendments:
This amendment amount:
Adjusted Agreement amount:
Change in time for services (days or date, as applicable):
Exhibit K— Amendment to Owner-Engineer Agreement.
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 1
Exhibit K – Amendment to Owner-Engineer Agreement.
EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers.  All rights reserved.                                                    Page 2
The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement,
including those set forth in Exhibit C.
Owner and Engineer hereby agree to modify the above-referenced Agreement as set forth in this
Amendment.  All provisions of the Agreement not modified by this or previous Amendments remain in
effect.
Owner:  Russell County Board of Supervisors                 Engineer:   The Thrasher Group, Inc
By:   By:

Print name: Lonzo Lester, MBA, CPC, VCO  Print name:  Daniel E. Ferrell, PE
Title: Russell County Administrator  Title: Principal

Date Signed:   Date Signed:
The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement,
including those set forth in Exhibit C.
Owner and Engineer hereby agree to modify the above-referenced Agreement as set forth in this
‘Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in
effect.
Owner: Russell County Board of Supervisors Engineer: The Thrasher Group, Inc
By: By:
Print name: _Lonzo Lester, MBA, CPC, VCO Print name: Daniel. Ferrell, PE
Title: _Russell County Administrator Title: _Principal
Date Signed: Date Signed:
Exhibit K— Amendment to Owner-Engineer Agreement.
EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services.
Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page2
CURTIS C. BROWN     JOHN NORTHON
State Coordinator of Emergency Management  Deputy State Coordinator – Disaster Services
and Chief Diversity & Inclusion Officer
ANDRES ALVAREZ
Deputy State Coordinator – Mission Support
COMMONWEALTH OF VIRGINIA
Department of Emergency Management
9711 Farrar Court, Suite 200
North Chesterfield, Virginia 23236
TEL 804.267.7600     TDD 804.674.2417     FAX 804.272.2046
Saving lives through effective emergency management and homeland security.
“A Ready Virginia is a Resilient Virginia.”
July 10, 2020
Mr. Lonzo Lester

County Administrator
Russell County
137 Highland Drive
Lebanon, VA 24266
RE:  FY 2020 Local Emergency Management Performance Grant (LEMPG)
Dear Mr. Lester:
The Virginia Department of Emergency Management (VDEM) is
pleased to announce the allocation of a 2020 Local Emergency Management
Performance Grant (LEMPG) CFDA 97.042 from the U.S. Department of
Homeland Security (DHS) Federal Emergency Management Agency (FEMA).
Appropriation authority for this program is The Department of Homeland
Security Appropriations Act, 2020 (Public Law 116-6). Your locality has been
allocated funding for:
Project Title:  2020 Local Emergency Management Performance Grant
(LEMPG)
Federal Grant Allocation:  $7,500.00
Subrecipient’s Required Cost Share/Match Amount:  $7,500.00
Total Grant Award:  $15,000.00
Obligation Period:  July 01, 2020 to June 30, 2021
This letter serves as notification of your allocation and is not an
authorization to incur expenditures. Funds will be formally awarded to your
locality through a Grant Agreement issued by VDEM upon its satisfactory
review of your application package submission and approval of a budget
application in VDEM’s Electronic Grants Management System (eGMS).
You must initiate these steps, described under Accessing Your Allocation,
within 30 days from the date of this notification or funds will be re-allocated.

If extenuating circumstances such as local board approval will prevent you from
Lonzo Lester
Highlight
‘CURTIS C. BROWN
State Coordinator of Emergency Management
‘and Chief Diversity & Inclusion Officer
JOHN NORTHON
Deputy State Coordinator Disaster Services
ANDRES ALVAREZ
Deputy State Coordinator ~ Mission Suppor
COMMONWEALTH OF VIRGINIA
Department of Emergency Management
9711 Farrar Court, Suite 200
North Chesterfield, Virginia 23236
TEL 804.267.7600 TDD 804.674.2417 FAX 8042722046
July 10, 2020
Mr. Lonzo Lester
County Administrator
Russell County
137 Highland Drive
Lebanon, VA 24266
Dear Mr. Lester:
The Virginia Department of Emergency Management (VDEM) is
pleased to announce the allocation of a 2020 Local Emergency Management
Performance Grant (LEMPG) CFDA 97.042 from the U.S. Department of
Homeland Security (DHS) Federal Emergency Management Agency (FEMA).
Appropriation authority for this program is The Department of Homeland
Security Appropriations Act, 2020 (Public Law 116-6). Your locality has been
allocated funding for:
Project Title: 2020 Local Emergency Management Performance Grant
(LEMPG)
Federal Grant Allocation: $7,500.00
Subrecipient’s Required Cost Share/Match Amount: $7,500.00
Total Grant Award: $15,000.00
Obligation Period: July 01, 2020 to June 30, 2021
This letter serves as notification of your allocation and is not an
authorization to incur expenditures. Funds will be formally awarded to your
locality through a Grant Agreement issued by VDEM upon its satisfactory
review of your application package submission and approval of a budget
application in VDEM’s Electronic Grants Management System (eGMS).
You must initiate these steps, described under Accessing Your Allocation,
within 30 days from the date of this notification or funds will be re-allocated.
If extenuating circumstances such as local board approval will prevent you from
Saving lives through effective emergency management and homeland security
"A Ready Virginia is a Resilient Virginia.”
Saving lives through effective emergency management and homeland security.
“A Ready Virginia is a Resilient Virginia.”
Mr. Lonzo Lester

Page 2 of 7
July 10, 2020
meeting the 30 day deadline, please notify your Grant Administrator as soon as
possible.
OPT-Out Notice
Complete and return this form via email to: [email protected] with the
subject line: “OPT-Out Notice”, before August 09, 2020.
I do not want to be a recipient of the LEMPG funds at this time, but reserve the right to
enter the program next fiscal year.
        Please note that your decision will not be made effective until August 09, 2020.   

PRINT Name: ___________________________________
Signature: ____________________________  Date: MM/DD/YYYY
CITY/TOWN or COUNTY OFFICIAL
Program Purpose
The purpose of the EMPG is to provide federal funds to states to assist in
preparing for all hazards, as authorized by Section 662 of the Post Katrina
Emergency Management Reform Act (6 U.S.C. § 762) and the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. §§ 5121 et
seq.). Title VI of the Stafford Act authorizes DHS/FEMA to make grants for the
purpose of providing a system of emergency preparedness for the protection of
life and property in the United States from all hazards and to vest responsibility
for emergency preparedness jointly in the federal government, states, and their
political subdivisions. The federal government, through EMPG, provides
direction, coordination, and guidance, and provides necessary assistance, as
authorized in this title, to support a comprehensive all-hazards emergency
preparedness system.
The FY 2020 LEMPG will provide federal funds to assist emergency
management agencies to obtain the resources required to support
implementation of the National Preparedness System and the National
Preparedness Goal (the Goal) of a secure and resilient nation. Among the five
basic homeland security missions noted in the DHS Quadrennial Homeland
Security Review, LEMPG supports the goal to Strengthen National
mailto:[email protected]
Mr. Lonzo Lester
Page 2 of 7
July 10, 2020
meeting the 30 day deadline, please notify your Grant Administrator as soon as
possible.
OPT-Out Notice
Complete and return this form via email to: vdemgrants@vdem. virginia. gov with the
subject line: “OPT-Out Notice”, before August 09, 2020.
I do not want to be a recipient of the LEMPG funds at this time, but reserve the right to
enter the program next fiscal year.
Please note that your decision will not be made effective until August 09, 2020.
PRINT Name:
Signature: Date: MM/DD/YYYY
CITY/TOWN or COUNTY OFFICIAL
Program Purpose
The purpose of the EMPG is to provide federal funds to states to assist in
preparing for all hazards, as authorized by Section 662 of the Post Katrina
Emergency Management Reform Act (6 U.S.C. § 762) and the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. §§ 5121 et
seq.). Title VI of the Stafford Act authorizes DHS/FEMA to make grants for the
purpose of providing a system of emergency preparedness for the protection of
life and property in the United States from all hazards and to vest responsibility
for emergency preparedness jointly in the federal government, states, and their
political subdivisions. The federal government, through EMPG, provides
direction, coordination, and guidance, and provides necessary assistance, as
authorized in this title, to support a comprehensive all-hazards emergency
preparedness system.
The FY 2020 LEMPG will provide federal funds to assist emergency
management agencies to obtain the resources required to support
implementation of the National Preparedness System and the National
Preparedness Goal (the Goal) of a secure and resilient nation. Among the five
basic homeland security missions noted in the DHS Quadrennial Homeland
Security Review, LEMPG supports the goal to Strengthen National
Saving lives through effective emergency management and homeland security
‘A Ready Virginia is a Resilient Virginia.”
Saving lives through effective emergency management and homeland security.
“A Ready Virginia is a Resilient Virginia.”
Mr. Lonzo Lester

Page 3 of 7
July 10, 2020
Preparedness and Resilience. EMPG supports comprehensive, all-hazards
emergency preparedness system by building and sustaining the core capabilities

contained in the Goal. EMPG funding is used to support a whole community
approach to strengthen a state’s or community’s emergency management
program. Examples of tangible EMPG funded activities include:
• Conducting risk assessments, assessing capabilities, identifying
preparedness needs, and updating emergency plans;
• Building or augmenting core capabilities;
• Designing and conducting exercises that engage the whole community of
stakeholders to validate core capabilities;
• Conducting emergency management training; and
• Providing funding support for emergency management personnel.
VDEM recognizes the critical role of emergency management at the
local level. Strong local emergency management programs keep the
Commonwealth safer, and allow state and local government to respond and
recover effectively and efficiently when an emergency or disaster occurs. The
objective of the LEMPG, then, is to support your locality’s efforts to develop
and maintain a Comprehensive Emergency Management Program.
Important Award Terms and Conditions
Subrecipients must comply with the following federal requirements:
• FY 2020 Emergency Management Performance Grant Program (EMPG)
Notice of Funding Opportunity (NOFO)
Emergency Management Performance Grant Program NOFO
• The Preparedness Grants Manual
Preparedness Grants Manual
• Department of Homeland Security Standard Terms and Conditions for 2020
DHS Standard Terms and Conditions
• 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards
2 CFR Part 200 Uniform Administrative Requirements
Cost Share/Match
The federal share that is used towards the LEMPG Program budget must
be at least 50 percent of the total budget. The subrecipient must equally
match (cash or in-kind) the federal contribution pursuant to Sections
611(j) and 613 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Pub. L. No. 93-288), as amended, (42 U.S.C. §§ 5121et
https://www.fema.gov/media-library/assets/documents/185907
https://www.fema.gov/media-library/assets/documents/185907
https://www.fema.gov/media-library/assets/documents/185907
https://www.fema.gov/media-library/assets/documents/178291
https://www.dhs.gov/sites/default/files/publications/fy20_dhs_standard_terms_and_conditions_v10.1_dated_12-31-2019.pdf
https://www.dhs.gov/sites/default/files/publications/fy20_dhs_standard_terms_and_conditions_v10.1_dated_12-31-2019.pdf
http://www.ecfr.gov/cgi-bin/text-idx?SID=e02daaa551dec05bfb82ed9f85151c09&mc=true&tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl
Mr. Lonzo Lester
Page 3 of 7
July 10, 2020
Preparedness and Resilience. EMPG supports comprehensive, all-hazards
emergency preparedness system by building and sustaining the core capabilities
contained in the Goal. EMPG funding is used to support a whole community
approach to strengthen a state’s or community’s emergency management
program. Examples of tangible EMPG funded activities include:


Conducting risk assessments, assessing capabilities, identifying
preparedness needs, and updating emergency plans;


Building or augmenting core capabilities;


Designing and conducting exercises that engage the whole community of
stakeholders to validate core capabilities;


Conducting emergency management training; and


Providing funding support for emergency management personnel.


VDEM recognizes the critical role of emergency management at the
local level. Strong local emergency management programs keep the
Commonwealth safer, and allow state and local government to respond and
recover effectively and efficiently when an emergency or disaster occurs. The
objective of the LEMPG, then, is to support your locality’s efforts to develop
and maintain a Comprehensive Emergency Management Program.
Important Award Terms and Conditions
Subrecipients must comply with the following federal requirements:

FY 2020 Emergency Management Performance Grant Program (EMPG)
Notice of Funding Opportunity (NOFO)
Emergency Management Performance Grant Program NOFO
© The Preparedness Grants Manual

Preparedness Grants Manual
© Department of Homeland Security Standard Terms and Conditions for 2020
DHS Standard Terms and Conditions
© 2.CFR Part 200 Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards
2 CFR Part 200 Uniform Administrative Requirements
Cost Share/Match
The federal share that is used towards the LEMPG Program budget must
be at least 50 percent of the total budget. The subrecipient must equally
match (cash or in-kind) the federal contribution pursuant to Sections
611(j) and 613 of the Robert 7. Stafford Disaster Relief and Emergency
Assistance Act (Pub. L. No. 93-288), as amended, (42 U.S.C. §§ 5121et
Saving lives through effective emergency management and homeland security
‘A Ready Virginia is a Resilient Virginia.”
Saving lives through effective emergency management and homeland security.
“A Ready Virginia is a Resilient Virginia.”
Mr. Lonzo Lester

Page 4 of 7
July 10, 2020
seq.). Unless otherwise authorized by law, federal funds cannot be
matched with other federal funds. FEMA administers cost matching

requirements in accordance with 2 CFR §200.306 located at
https://www.ecfr.gov. To meet matching requirements, the contributions
must be verifiable, reasonable, allowable, allocable, and necessary under
the grant program and must comply with all federal requirements and
regulations.
Management and Administration (M&A)
Your local emergency management agency may retain and use up to five
percent of the award for local management and administration purposes.
M&A activities are those directly related to managing and administering
LEMPG Program funds, such as financial management and monitoring.
It should be noted that salaries of local emergency managers are not
typically categorized as M&A, unless the local emergency management
agency chooses to assign personnel to specific M&A activities.
Indirect (Facilities & Administrative [F&A]) Costs
Indirect costs are allowable under this program, as described in 2 C.F.R. §
200.414.  With the exception of recipients who have never received a negotiated,
indirect cost rate as described in 2 C.F.R. § 200.414(f), recipients must have an
approved indirect cost rate agreement with their cognizant Federal agency to
charge indirect costs to this award.  A copy of the approved rate (a fully executed,
agreement negotiated with the applicant’s cognizant Federal agency) is required at
the time of application, and must be provided to FEMA before indirect costs are
charged to the award.
To access your allocation, you must complete the following steps within 30
days from the date of this notification:
Accessing Your Allocation
Step 1:  Log in to the VDEM electronic Grants Management System (eGMS) at
https://www.ttegms.com/virginia/login.cfm to download your subaward acceptance
documents from the home page. Re-upload all required forms to eGMS. Read how to
upload required forms by clicking here to view the home page of your eGMS user
account. Below is the list of required items that comprise the VDEM subaward
acceptance package:
• Application Checklist [cover sheet]
• LEMPG Project Form [Only required for LEMPG subawards]
• Online Budget (to be built and submitted in eGMS)
https://www.ecfr.gov/
https://www.ttegms.com/virginia/login.cfm
https://www.ttegms.com/virginia/secure/welcome.cfm
https://www.ttegms.com/virginia/login.cfm
Mr. Lonzo Lester
Page 4 of 7
July 10, 2020
seq.). Unless otherwise authorized by law, federal funds cannot be
matched with other federal funds. FEMA administers cost matching
requirements in accordance with 2 CFR §200.306 located at
htips:/www.ecfr.gov. To meet matching requirements, the contributions
must be verifiable, reasonable, allowable, allocable, and necessary under
the grant program and must comply with all federal requirements and
regulations
Management and Administration (M&A)
Your local emergency management agency may retain and use up to five
percent of the award for local management and administration purposes.
M&A activities are those directly related to managing and administering
LEMPG Program funds, such as financial management and monitoring.
It should be noted that salaries of local emergency managers are not
typically categorized as M&A, unless the local emergency management
agency chooses to assign personnel to specific M&A activities.
Indirect (Facilities & Administrative [F&A]) Costs
Indirect costs are allowable under this program, as described in 2 C.F.R. §
200.414. With the exception of recipients who have never received a negotiated,
indirect cost rate as described in 2 C.F.R. § 200.414(f), recipients must have an
approved indirect cost rate agreement with their cognizant Federal agency to
charge indirect costs to this award. A copy of the approved rate (a fully executed,
agreement negotiated with the applicant’s cognizant Federal agency) is required at
the time of application, and must be provided to FEMA before indirect costs are
charged to the award.
To access your allocation, you must complete the following steps within 30
days from the date of this notification:
Accessing Your Allocation
Step 1: Log in to the VDEM electronic Grants Management System (eGMS) at
https://www.ttegms.com/virginia/login.cfm to download your subaward acceptance
documents from the home page. Re-upload all required forms to eGMS. Read how to
upload required forms by clicking here to view the home page of your eGMS user
account, Below is the list of required items that comprise the VDEM subaward
acceptance package:
© Application Checklist [cover sheet]
© LEMPG Project Form [Only required for LEMPG subawards]

Online Budget (to be built and submitted in eGMS)

Saving lives through effective emergency management and homeland security
‘A Ready Virginia is a Resilient Virginia.”
Saving lives through effective emergency management and homeland security.
“A Ready Virginia is a Resilient Virginia.”
Mr. Lonzo Lester

Page 5 of 7
July 10, 2020
• Points of Contact (POC) Form
• FEMA Environmental and Historic Preservation (EHP) Screening Form
o All projects must comply with EHP requirements. Subrecipients
must not obligate and/or expend any (federal and/or non-federal
matching) funds on any project having the potential to impact
environments planning and historical preservation resources
without the prior approval of FEMA. For more information,
please visit https://www.vaemergency.gov/grants/all-forms// or
contact your Grants Administrator.
• Grant Assurances Form

• FEMA 20-16C Form

• SF-LLL – Certification Regarding Lobbying Form
• *Work Elements Agreement – [*Only required for LEMPG subawards]
• **Federally Negotiated Indirect Cost Rate Agreement – [**Only required if you
intend to charge indirect costs. Must be valid for the period of performance and
federally signed]
Step 2:  Log in to the VDEM electronic Grants Management System (eGMS) at
https://www.ttegms.com/virginia/login.cfm to complete and submit a budget
application for your allocation:
Click on Grant Management, Budget Application, from the drop-down menu.
Click the link named 2020 Local Emergency Management Performance Grant
(LEMPG) to complete your budget application. Following review and approval
of the budget by the Grants Administrator, notification will be sent through an
eGMS automated message to the email address of the user. If you do not have
access to eGMS, please contact your Grants Administrator.
Reporting
Subrecipients are obligated to submit Quarterly Progress Reports as a
condition of their subaward. Quarterly progress reports must be submitted via
your eGMS account within

15 days following the end of the quarter. The schedule for reporting is as
follows:
Timetable and Deadlines for LEMPG Progress Reporting:
[Quarter 1 of 4] Time Period: July 1, 2020 to September 30, 2020
Quarter 1 Report Due: On or Before October 15, 2020
[Quarter 2 of 4] Time Period: October 1, 2020 to December 31, 2020
Quarter 2 Report Due: On or Before January 15, 2021
[Quarter 3 of 4] Time Period: January 1, 2021 to March 31, 2021
https://www.vaemergency.gov/grants/all-forms/
https://www.ttegms.com/virginia/login.cfm
https://www.ttegms.com/virginia/secure/welcome.cfm
Mr. Lonzo Lester
Page 5 of 7
July 10, 2020
Points of Contact (POC) Form
FEMA Environmental and Historic Preservation (EHP) Screening Form
© All projects must comply with EHP requirements. Subrecipients
must not obligate and/or expend any (federal and/or non-federal
matching) funds on any project having the potential to impact
environments planning and historical preservation resources
without the prior approval of FEMA. For more information,
please visit htips://www. vaemergency.gov/grants/all-forms// or
contact your Grants Administrator.
Grant Assurances Form
FEMA 20-16C Form
SF-LLL - Certification Regarding Lobbying Form
*Work Elements Agreement — [*Only required for LEMPG subawards]
**Federally Negotiated Indirect Cost Rate Agreement — [**Only required if you
intend to charge indirect costs. Must be valid for the period of performance and
federally signed]
Log in to the VDEM electronic Grants Management System (€GMS) at
https://www. ttegms.com/virginia/login.cfm to complete and submit a budget
application for your allocation:
Click on Grant Management, Budget Application, from the drop-down menu.
Click the link named 2020 Local Emergency Management Performance Grant
(LEMPG) to complete your budget application. Following review and approval
of the budget by the Grants Administrator, notification will be sent through an
eGMS automated message to the email address of the user. If you do not have
access to GMS, please contact your Grants Administrator.
Reporting
Subrecipients are obligated to submit Quarterly Progress Reports as a
condition of their subaward. Quarterly progress reports must be submitted via
your ¢GMS account within
15 days following the end of the quarter. The schedule for reporting is as
follows:
Timetable and Deadlines for LEMPG Progress Reporting:
[Quarter 1 of 4] Time Period: July 1, 2020 to September 30, 2020
Quarter I Report Due: On or Before October 15, 2020
[Quarter 2 of 4] Time Period: October 1, 2020 to December 31, 2020
Quarter 2 Report Due: On or Before January 15, 2021
[Quarter 3 of 4] Time Period: January 1, 2021 to March 31, 2021
Saving lives through effective emergency management and homeland security
‘A Ready Virginia is a Resilient Virginia.”
Saving lives through effective emergency management and homeland security.
“A Ready Virginia is a Resilient Virginia.”
Mr. Lonzo Lester

Page 6 of 7
July 10, 2020
Quarter 3 Report Due: On or Before April 15, 2021
[Quarter 4 of 4] Time Period: April 1, 2021 to June 30, 2021
Quarter 4 Report Due: On or Before July 15, 2021
LEMPG Final Progress Report:
Due: On or Before July 31, 2021
Within 30 days following the end of the period of performance,
subrecipients must upload a Final Progress Report detailing all accomplishments
throughout the period of performance along with the completed Work Elements
Final Report into their eGMS account. After these reports have been submitted,
reviewed and approved by the Grants Office and Chief Regional Coordinators, a
close-out notice will be issued which will indicate the period of performance as
closed, list any remaining funds that will be deobligated, and address the record
retention requirements for grant records. The subrecipient must return any funds
that have been drawn down, but remain unliquidated in its financial records.
Period of Performance Extensions
Extensions to this program are allowed.  Extensions to the initial period of performance
identified in the subaward will only be considered through formal, written requests
addressed to VDEM, and must contain specific and compelling justifications as to why an
extension is required.  Subrecipients are advised to coordinate with the Grant
Administrator, as needed, when preparing an extension request.  All extension requests
must address the following:

Grant program, fiscal year, and subaward ID number in eGMS
Reason for delay that must include details of the legal, policy, or operational
challenges that prevent the final outlay of awarded funds by the applicable

deadline
3. Current status of the activity/activities
4. Approved period of performance termination date and new project completion
date
5. Amount of funds drawn down to date
6. Remaining available funds, both Federal and non-Federal
7. Budget outlining how remaining Federal and non-Federal funds will be
expended
8. Plan for completion, including milestones and timeframes for achieving each
milestone, and the position/person responsible for implementing the plan for
completion.
https://www.ttegms.com/virginia/secure/welcome.cfm
Mr. Lonzo Lester
Page 6 of 7
July 10, 2020
Quarter 3 Report Due: On or Before April 15, 2021
[Quarter 4 of 4] Time Period: April 1, 2021 to June 30, 2021
Quarter 4 Report Due: On or Before July 15, 2021
LEMPG Final Progress Report:
Due: On or Before July 31, 2021
Within 30 days following the end of the period of performance,
subrecipients must upload a Final Progress Report detailing all accomplishments
throughout the period of performance along with the completed Work Elements
Final Report into their eGMS account. After these reports have been submitted,
reviewed and approved by the Grants Office and Chief Regional Coordinators, a
close-out notice will be issued which will indicate the period of performance as
closed, list any remaining funds that will be deobligated, and address the record
retention requirements for grant records. The subrecipient must return any funds
that have been drawn down, but remain unliquidated in its financial records.
Period of Performance Extensions
Extensions to this program are allowed. Extensions to the initial period of performance
identified in the subaward will only be considered through formal, written requests
addressed to VDEM, and must contain specific and compelling justifications as to why an
extension is required. Subrecipients are advised to coordinate with the Grant
‘Administrator, as needed, when preparing an extension request. Alll extension requests
must address the following:


Grant program, fiscal year, and subaward ID number in GMS.


Reason for delay that must include details of the legal, policy, or operational
challenges that prevent the final outlay of awarded funds by the applicable
deadline


Current status of the activity/activities


4, Approved period of performance termination date and new project completion
date


Amount of funds drawn down to date


Remaining available funds, both Federal and non-Federal


Budget outlining how remaining Federal and non-Federal funds will be
expended


Plan for completion, including milestones and timeframes for achieving each
milestone, and the position/person responsible for implementing the plan for
completion.


Saving lives through effective emergency management and homeland security
‘A Ready Virginia is a Resilient Virginia.”
Saving lives through effective emergency management and homeland security.
“A Ready Virginia is a Resilient Virginia.”
Mr. Lonzo Lester

Page 7 of 7
July 10, 2020

Certification that the activity/activities will be completed within the extended
period of performance without any modification to the original Statement of
Work, as described in the approved budget.

Extension requests will be granted only due to compelling legal, policy, or operational
challenges. Extension requests will only be considered for the following reasons:
• Contractual commitments by the grant recipient with vendors or subrecipients
prevent completion of the project within the existing period of performance
• The project must undergo a complex environmental review that cannot be
completed within existing period of performance
• Projects are long-term by design and therefore acceleration would compromise
core programmatic goals
• Where other special circumstances exist
Recipients must submit all extension requests to VDEM via upload into eGMS no later
than 90 days prior to June 30, 2021.
Initiate the steps described under Accessing Your Allocation within 30 days
from the date of this notification. If you have any questions regarding this
award, please contact James Turner in the Grants Office at (804) 461-0022 or
[email protected] .
Sincerely,
         Cheryl Adkins 
         Chief Financial Officer 

CB/jt
cc: Mr. Jess Powers, Emergency Management Coordinator

Mr. Ted Costin, Director of Regional Support, West Division
Mr. Timothy Estes, Chief Regional Coordinator, Region 4
mailto:[email protected]
Mr. Lonzo Lester
Page 7 of 7
July 10, 2020

Certification that the activity/activities will be completed within the extended
period of performance without any modification to the original Statement of
Work, as described in the approved budget.

Extension requests will be granted only due to compelling legal, policy, or operational
challenges. Extension requests will only be considered for the following reasons:
Contractual commitments by the grant recipient with vendors or subrecipients
prevent completion of the project within the existing period of performance
© The project must undergo a complex environmental review that cannot be
completed within existing period of performance

Projects are long-term by design and therefore acceleration would compromise
core programmatic goals
© Where other special circumstances exist

Recipients must submit all extension requests to VDEM via upload into eGMS no later
than 90 days prior to June 30, 2021.
Initiate the steps described under Accessing Your Allocation within 30 days
from the date of this notification. If you have any questions regarding this
award, please contact James Turner in the Grants Office at (804) 461-0022 or
iames.turner@vden ov.
Sincerely,
Cheryl Adkins
Chief Financial Officer
CBijt
ce: Mr. Jess Powers, Emergency Management Coordinator
Mr. Ted Costin, Director of Regional Support, West Division
Mr. Timothy Estes, Chief Regional Coordinator, Region 4
Saving lives through effective emergency management and homeland security
‘A Ready Virginia is a Resilient Virginia.”
VFIRS HARDWARE GRANTS
: S
Raggy
AGENCY POLICY
(VFIRS: VIRGINIA FIRE INCIDENT REPORTING SYSTEM)
FIRE SERVICES GRANT PROGRAM
VIRGINIA DEPARTMENT OF FIRE PROGRAMS
é& and the
Virginia Fire Services Board
1005 Technology Park Drive
Glen Allen, Virginia 23059-4500
Tel: (804) 249-1958
Fax: (804) 371-3358
COMMONWEALTH of VIRGINIA
Michao! T. Rollly Virginia Department of Fire Programs Brook Pittingor
tna SRL
ver ous
DEPUTY DIRECTOR June 2020
FY-2021 Annual Package
This letter serves as notification of the availability of the FY-2021 Annual Package. Beginning
with FY2013, VDFP began providing the Annual Package electronically. ‘The Annual Package
may be found on the Virginia Department of Fire Programs’ website and contains the following:
% Ald fo Localities (ATL)
FY-2021 Audit Sheet
FY-2021 Disbursement Agreement
FY-2020 Annual Report
FY-2021 Allocations
FY-2021 Disbursement Schedule
Helpful Hints in Completing Annual Reports and Agreements
“> Live Fire Training Structure Grant Program
“Regional Fire Services Training Grants Program
Unfunded in FY2021. Next funding period FY2022

FY-2022 Regional Fire Services Training Facilities Grants
Application


Regional Fire Services ‘Training Facilities Disbursement Agreement

¢ VFIRS Hardware Grants Program


Letter from VDFP Information and Statistics Manager
= FY-2021 Application


Conference and Education Assistanee Grants Program
Application period opens July 1, 2020
= FY-2021 Conference and Education Grant Application


You will notice that there is no application package for the Training Mini Grant Program due to a
lack of funding for FY2021. No Training Mini Grant applications will be accepted for FY2021
Please note that the application postmark deadline for the VFIRS Hardware Grant is
August 31, 2020 and the Conference and Education Assistance Grant is August 1, 2020.
‘Also note that the FY-2020 Annual Report will not be accepted prior to July 1, 2020.
All program forms are available on our website at www.vafire.com,
1005 Technology Park Drive, Glen Allen, VA 23059-4500
Phone: (804) 371-0220 or Fax: (804) 371-3444
‘www.vafire.com
SPECIAL NOTIFICATIONS OF FUNDING PROGRAMS AND OPPORTUNITIES
Aid to Localities Entitlement (ATL) Program *New This Year
‘The Virginia Fire Services Board (VFSB) voted to adopt a one year increase to the minimum
ATL allocations for Towns, Cities, and Counties at the Board meeting in June 2020. On July 1,
2020 (FY2021), the minimum ATL allocations for Towns have been increased to $15,000; and
Counties and Cities has been increased to $30,000. Below is a chart to illustrate the minimum
increases:
Type of Jurisdiction Previous NEW Effective July 1, 2020
Incorporated Towns $ 10,000 $15,000
Counties $20,000 $30,000
Cities $20,000 $30,000
ATL allocations are calculated based upon the most current US Population Census which was
conducted in 2010. Based upon population, jurisdictions that have ATL allocations that fall
below the minimum dollar values will have their ATL allocations raised to the minimum dollar
level specified above.
Live Fire Training Structure Grant Program
Prototype II Class A Burn Buildings
‘The Virginia Fire Services Board (VESB) voted to add the Prototype II Class A Burn Buildings
back to the Policy
Regional Fire Services Training Facilities (RFSTF) Grant Program
The Program is designed to provide defined grants to Virginia localities to provide multi-
jurisdictional training as regional fire services training facilities per the NEPA 1001 and 1403
training standards. Due to funding limitations there will not be an application period in FY21.
Funding will resume in FY2022.
The Program Policy and related documents can be found on our website under the Grants &
Local Aid\Regional Fire Services Training Facilities Grant Program web link.
VFIRS Hardware Grants Program
The amount of funding for the VFIRS Grant is $700. This funding level will allow the VFSB &
VDFP to provide more applicants with funding, The minimum specifications can be found in the
Agency Practices document located on our website under the https://www.vafire.com/grants-and-
local-aid/firs-hardware-grants/ web link.
Conference and Education Assistance Grant Program
The program provides financial support for conferences and seminars sponsored by Virginia
based non-profit organization to further the education of fire and emergency service personnel.
FY21 Application period opens July 1* and closes August Ist. The Program will be evaluated as
competitive. FY2021 awards will be made based in funding availability and the project
performance period will be determine upon award.
If you have questions about the documents and forms or need additional assistance, don’t hesitate
to contact me at 804-249-1958 or via email at Theresa. Hunter@vdfp. virginia.gov.
Respectfully,
Theresa Hunter
Budget and Grants Manager
1008 Technology Park Drive, Glen Allen, VA 23059-4500
Phone: (804) 371-0220 or Fax: (804) 371-3444
woww.vafire.com
Commonwealth of Virginia
Department of Fire Programs
FY-20 _21 FIRE PROGRAMS FUND
DISBURSEMENT AGREEMENT
itatutory Authority: §38,2-401 of the Cade of Virginia
This Agreement, made effective as of the 1" day of July,£080, by the DEPARTMENT
OF FIRE PROGRAMS (the “Ageney”) and the LOCALITY noted below (the “Receiving
Locality”), governs the distribution and use of the Receiving Locality’s annual entitlement
from the Fire Programs Fund (“the Fund"), as provided for in §38.2-401 of the Code of
Virginia as amended (the “Statute”).
WHEREAS, the Statute in effect as of the date first written above is incorporated herein by
reference; and
WHEREAS, the Receiving Locality is thereunder required to execute a “Fire Programs
Fund Disbursement Agreement” and forward same to the Agency as a condition of receiving
any allocation or disbursement from the Fund;
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants
herein set forth, the parties hereto agree as follows:


Representations of the Agency. The Agency represents that the Agency is duly
organized and the Executive Director duly appointed by the Governor and confirmed by the
General Assembly as provided for by the Code of Virginia, and that the Executive Director or
his designee is duly authorized to enter into this agreement.


Representations of the Receiving Locality. The Receiving Locality represents
that (a) its authorized representative whose signature appears below has read and understands the
referenced sections of the Statute and any Policies & Definitions adopted thereunder, (b) it agrees to
comply with all applicable provisions of the Statute and any Policies & Definitions adopted thereunder,
including the use of such funds and all reporting and audit requirements and © itis duly authorized to
execute this Agreement and to perform its obligations hereunder and has taken all necessary action to
authorize such execution and performance.


Availability of Funds. It is understood and agreed by the parties hereto that the
AGENCY shall be bound hereunder only to the extent of the funds available or which may hereafter
become available for the purposes of this Agreement. The Recipient shall deposit funds in an interest-
bearing account or normal risk and with a demand restriction, if any, not exceeding 30 calendar days
until they are needed. The Recipient must be able to account for both the principal and the interest
amounts.


712011
Page 1 of 2

Merger; Severability; Governing Law. This writing constitutes the entire Agreement
between the parties, supersedes any existing agreement or understanding, oral or written, relative to
the matters contained herein, and may be modified only in a writing executed by all parties hereto.

If any provision of this Agreement is determined to be invalid by a court of competent
jurisdiction, it shall not render the remaining portions of this Agreement void or unenforceable. This,
‘Agreement shall in respects be governed by the laws of the Commonwealth of Virginia.

Counterparts. This Agreement may be executed in several counterparts, each of
which shall be an original and all of which together shall constitute but one and the same instrument.

IN WITENESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement effective as of the date first written above, intending to be bound thereby.
Commonwealth of Virginia
Department of Fire Programs
BY:
RECEIVING LOCALITY: Russell, County
Name of Locality
BY: Tae,
Signatur rate
Lonzo Lester
Name
County Administrator
Title
(Won?.0)
197 Highland Drive
Office
‘Addnece: Lebanon, VA 24266
PO Box 121
: Lebanon, VA 24266
E-mail ‘Telephone
Address: lonzo [email protected] Number:
712011
Page 2 of 2
Commonwealth of Virginia
Department of Fire Programs
FY-20 _21 FIRE PROGRAMS FUND
DISBURSEMENT AGREEMENT
statutory Authority: §38.2-401 of the Cade of Virginia
‘This Agreement, made effective as of the 1" day of July, 040, by the DEPARTMENT
OF FIRE PROGRAMS (the “Agency”) and the LOCALITY noted below (the “Receiving
Locality”), governs the distribution and use of the Receiving Locality’s annual entitlement
from the Fire Programs Fund (“the Fund”), as provided for in §38.2-01 of the Code of,
Virginia as amended (the “Statute”).
WHEREAS, the Statute in effect as of the date first written above is incorporated herein by
reference; and
WHEREAS, the Receiving Locality is thereunder required to execute a “Fire Programs
Fund Disbursement Agreement” and forward same to the Agency as a condition of receiving
any allocation or disbursement from the Fund
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants
herein set forth, the parties hereto agree as follows:

Representations of the Agency. The Agency represents that the Agency is duly
organized and the Executive Director duly appointed by the Governor and confirmed by the
General Assembly as provided for by the Code of Virginia , and that the Executive Director or
his designee is duly authorized to enter into this agreement.

2, Representations of the Receiving Locality, The Receiving Locality represents
that (a) its authorized representative whose signature appears below has read and understands the
referenced sections of the Statute and any Policies & Definitions adopted thereunder, (b) it agrees to
comply with all applicable provisions of the Statute and any Policies & Definitions adopted thereunder,
including the use of such funds and all reporting and audit requirements and © it is duly authorized to
execute this Agreement and to perform its obligations hereunder and has taken all necessary action to
authorize such execution and performance.

Availability of Funds. It is understood and agreed by the parties hereto that the
AGENCY shall be bound hereunder only to the extent of the funds available or which may hereafter
become available for the purposes of this Agreement. The Recipient shall deposit funds in_ an interest-
bearing account or normal risk and with a demand restriction, if any, not exceeding 3o calendar days
until they are needed. The Recipient must be able to account for both the principal and the interest
amounts,

712011 Page 1 of 2

Merger; Severability; Governing Law. This writing constitutes the entire Agreement
between the parties, supersedes any existing agreement or understanding, oral or written, relative to
the matters contained herein, and may be modified only in a writing executed by all parties hereto.

If any provision of this Agreement is determined to be invalid by a court of competent
jurisdiction, it shall not render the remaining portions of this Agreement void or unenforceable,
‘Agreement shall in respects be governed by the laws of the Commonwealth of Virginia.

Counterparts. This Agreement may be executed in several counterparts, each of
which shall be an original and all of which together shall constitute but one and the same instrument.

IN WITENESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement effective as of the date first written above, intending to be bound thereby.
Commonwealth of Virginia
Department of Fire Programs
BY:
RECEIVING LOCALITY: —_Ruséll coaty
Name of Locality
» Spode Zhe leo
SO esate Date
Lonzo Lester
Name
County Administrator
Title
(von-P.0)
137 Highland Drive
addvoms Lebanon, VA_ 24266
PO Box 121
Lebanon, VA 24266
Mailing
Address:
E-mail ‘Telephone
Address: [email protected] Number: 276-889-8000
712011
Page 2 of 2
oo
2,000/00-
84,763.00
38
PAGE
(G/t TRIAL BALANCE
ps
ps
to
DEPT TOTAL
‘COMPANY TOTAL.
Gompasy TOTAL
<4
accom ¢
Virginia Department of Fire Programs
Fire Programs Fund — Aid to Localities
Fiscal Year 2021 Audit Sheet
ATO (A STO | DOR TV MTT VAT Wor Sea
Locality Russell
FIPS Code 167] Type I ‘County
FY-2020 Allocation $86,763.00 | Status I Received
(Carry-Over Amount to FY-
12020 from FY-2019 $8,998.00
FY-2019 Allocation 352,455.00 | _Staus [Re
[Cary-Over Amount to FY-
12019 from FY-2018 $8,998.00
FY-2018 Allocation $79,640.00 | Status’ I Received
ived
[Carry-Over Amount to FY
12018 from PY-2017
ATL Reference Codes >
(See codes to the right and the descriptions below to determine ABC
action required to receive funds.)
$16,729.00
"ATL Reference Code Description
‘A [Need two (2) FY-2021 Disbursement Agreements; forms available on website,
B [Need FY-2020 Annual Report; form available on website.
C Jinclude FY-2019 carry-over balance on FY-2020 Annual Report.
Jurisdictions that fail to submit a satisfactory Annual Report and two Disbursement
Agreement forms at the end of any annual reporting period shall forfeit the allocation for
that fiscal year.
Audits of the ATL program will be conducted throughout the year, Selected localities will
be contacted by the Budget and Grants Manager to schedule the onsite or desk review.
© All forms are available on our website www.vafire.com under the Grants and Local Aid link
‘© Direct all reporting documents, questions, and comments to:
Budget and Grants Manager
Virginia Department of Fire Programs
1005 Technology Park Drive
Glen Allen VA. 23059-4500
804/249-1958 (W); 804/371-3358 (F)
6/29/2020
Commonwealth of Virginia
Department of Fire Programs
(Rev. 8/17)}
Annual Report on Aid to Localities from the Fire Programs Fund
Code of Virginia § 38.2-401:B(6) “In order to remain eligible for such funds, each receiving locality shall report annually to the Department (of Fire Programs) on
the use of the funds allocated to it forthe previous year and shall provide a completed Fire Programs Fund Disbursement Agreement form” for the upcoming fiscal period.
At
Enter the exact legal ttle of the locality being]
reported upon — check @ one|
‘and complete entry
X_ [County of Russell
city of
Incorporated Town of
Enter Employer Identification Number]
(EIN) for [A1] above|
5 a | 6/0}/0}1/5/8]9
AS
IFan incorporated town, enter County in which]
Located ~ otherwise ~ check El n/a
X_ | Not Applicable
Bt
Enter fiscal period being reported upon|
FY- 2020
‘Commonwealth fiscal periods commence on July fof the
rior calendar year and end on June 30” of that same numbered calendar year.
B2
Enter the total balance remaining, if any, from|
Aid to Localities from the Fire Programs|
Fund received in fiscal periods PRIOR to that|
Identified in [B1] above
[Jone
$ 8,998.00
Enter any interest earned on prior FY balance (not required)
3 =
B3
Enter total amount received FOR the fiscal]
Period identified in [B4]|
$ 86,763.00
B4
‘Add lines [B2] and [B3] and enter total]
‘Amount to be accounted for in this report
$ 95,761.00
Code of Virginia § 38.2-401:B@2) “Funds allocated to the counties, cities and towns … shall not be used directly or indirectly to supplant or replace any other funds
appropriated by the counties, cities and towns for fire service operations.”
Code of Virginia § 38.2-401:B(3) “Such funds shall be used solely for the purposes of training volunteer or career firefighting personnel in each of the receiving localities;
funding fire prevention and public safety education programs; constructing, improving and expanding regional or local fire service training facilities; purchasing emergency medical
care and equipment for fire personnel; payment of personnel costs related to fire and medical training for fire personnel; or for purchasing personal protective equipment, vehicles,
equipment and supplies for use in the receiving locality specifically for fire service purposes.”
ez
Sheet 1 of 3
NOTE >
Enter by category the total amount disbursed during the fiscal period identified above in [B1]. Enter ONLY those amounts paid
from that received as Aid to Localities from the Fire Programs Fund. Report ONLY disbursements for fire service purposes
which did NOT otherwise supplant or replace locally appropriated funds. (Enter “None” wherever appropriate.)
Expenditures for … the training of firefighting]
o personnel NOT reported in (Cé]} © :
c2 public (Fire) safety education programs $ -
LOCAL Fire Service training facilities as
c3 such principally or solely serves the locality
Identified in [A1] above
‘AnyIALL other Fire Service training
ca facilities including those that are| $ -
Regional/mult-jurisdictional
cs emergency medicall ¢ .
care & equipment for Fire Personnel}
ce personnel costs related to fire and medical] « 7
training for Fire Personnel NOT reported in (C1)
c7 Personal (Fire) Protective Equipment $ 37,184.16
ce (Fire) Vehicles including Apparatus $ 27,418.68
co Fire Fighting Equipment and Supplies $ 22,160.16
‘ADD items [C1] through [C3
c10 Enter TOTAL| $ 86,763.00
SUBTRACT [C10] from [B4] and|
” Enter the difference| § 8,998.00
‘Should either be ZERO or @ POSITIVE figure representing the amount being carvied forward into the succeeding fiscal period and thereafter to be accounted for
Future Spending Plan for remaining balance: Below provide a detail explanation of how the carry
forward balance shown in this section will be spent. Explanation should include timelines, amounts and $ 8,998.00
Jcategory in which funds will be spent. Spending plan can be updated annually to reflect agency needs.
D2
8n7
Sheet 2 of 3
Has ANY part of the amounts listed above in [C7] through [C9] inclusive been used to] Yes
i) “supplant or replace” local funding; the foregoing including that for either or both] [X. No
Operations & Capital Improvements?|
2 Has ANY part of the amounts listed above in [C1] through [C9] inclusive been used for| Yes
OTHER than solely “fire service purposes”?|__ [x No
Identify a Principal Point of Contact as the party Last Name, Firs, Ml, Tile
|who should be contacted about: McGlothlin, Alicia K Treasurer

Questions concerning this report Street Address including Zip Code
FA * To make arrangements to audit records, 137 Highland Drive Lebanon, VA 24266
-or [Telephone Number FAX Number
Other similar needs 276-889-8030 276-889-8070
E-Mail Address
[email protected]
Certification — to be completed by:
c1 + County Administrator /OR/ Deputy, City Manager /OR/ Deputy, Town Mayor / Town Manager, or
« Other duly authorized official whereby the report is accompanied by a copy of an ‘Ordinance’ or other such instrument clearly
granting that party such authority.

This report is entered on behalf of the jurisdiction identified above [A1] with the knowledge and belief that all
representatigns herein made are true and correct.
f f ) |Lonzo Lester [County Administrator | 0728/2020
‘Typed / Printed Name Title Date
Signature
(Allappications must be notarized to be considered ~ incomplete forms shall be retumed)
State of Virginia }
}
City / County of ussell } =
24 RY
Onthis 28 day of Jul (month) in _ZOZO _ (year), before me, the undersigned a Notary Public for thy’Gesjinomiiveith of
Virginia, personally appeared Low2o Leste to me known ( or to me proved ) to be the identicat™
person named herein and having in my presence executed the above, and acknowhedged thathe executed same as his voluntary act and deed.
My Commission expires: May 3) 2021 y Dt
Date Notary Public {Seal}
87
Sheet 3 of 3
FIRE DEPARTMENT GRANT MONEY 2019-2020
[Personal Protective Equip [Fire Fighting Equip [Vehicles
Lebanon 9,765.45} 2,629.26
Belfast 12,394.74
Cleveland 12,394.71
Honaker 12,394.71
Dante 12,394.71
(Copper Creek 12,394.71
Castlewood 12,394.71
Personal Protective Equip 37,184.16
Fire Fighting Equip 22,160.16
Vehicles 27,418.68
TOTAL 86,763.00|
Russell County Virginia
“The Heart of Southwest Virginia”
Oris Christian   Carl Rhea
At-Large  District 3
Tim Lovelace  Rebecca Dye, Chairperson David Eaton
District 1 District 6 District 4
Lou Ann Wallace Steve Breeding, Vice-Chairman Lonzo Lester
District 2 District 5 County Administrator
Russell County Government Center
137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011
www.russellcountyva.us
August 3, 2020
To:  Board of Supervisors
From:  County Administrator
Subj:  Oak Grove Community Center
The following quotes includes the transportation of the school’s modular facility (28X50)
to the Oak Grove Community site, site construct ion, connection of the modular
facilities, heat pump, or build modular facility addition:
Transfer modular facility:
Brothers Mobile Home Services -   $7,700 (Low Bid)
Connect modular facility: Redbud Const. -  $8,475 (Low Bid)
Site construction:  County & RC PSA -   $6,855 (County)
(Site, Electrical, HVAC Conduit)
Total Estimated Cost:   $23,030
(or)
Build (14X30) modular facility addition:   $14,750 (Low Bid) (foundation not incl.)
Site construction:  County & RC PSA -   $6,855 (County)
(Site, Electrical, HVAC Conduit)
Total Estimated Cost:   $21,605
If you have any further questions, please let me know
Sincerely,
LONZO LESTER
Lonzo Lester, MBA, CPC, VCO
Lonzo Lester
Highlight
Russell County Virginia
“The Heart of Southwest Virginia”
ris Christian
At-Large
Tim Lovelace Rebecca Dye, Chairperson
District 4 District 6
Lou Ann Wallace Steve Breeding, Vice-Chairman
District 2 District 5
Carl Rhea
District 3
David Eaton
District 4
Lonzo Lester
County Administrator
August 3, 2020
To: Board of Supervisors
From: County Administrator
The following quotes includes the transportation of the school’s modular facility (28X50)
to the Oak Grove Community site, site construction, connection of the modular
facilities, heat pump, or build modular facility addition:
Transfer modular facility:
Brothers Mobile Home Services - $7,700 (Low Bid)
Connect modular facility: Redbud Const.- $8,475 (Low Bid)
Site construction: County & RC PSA - $6,855 (County)
(Site, Electrical, HVAC Conduit)
Total Estimated Cost: $23,030
(or)
Build (14X30) modular facility addition: $14,750 (Low Bid) (foundation not incl.)
Site construction: County & RC PSA - $6,855 (County)
(Site, Electrical, HVAC Conduit)
Total Estimated Cost: $21,605
Ifyou have any further questions, please let me know
Sincerely,
LONGO LESTER
Lonzo Lester, MBA, CPC, VCO
Russell County Government Center
137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011
www.russellcountyva.us
Brother’s Nobile Home Services, Sac.
1989 otorning Star Circle
Lebanon VA 24266
¥
Invoice
Quote #: 04180617
Bill to: Invoice Date. 7 - /.3~AGLO
Russell County
Pickup Location: Russell County Vocational School, Lebanon
Drop off Location: Old Copper Creek School, Moccasin
Description Amount
‘eparate modular (remove ridge cap and vinyl siding on ends)
{Supply transport frame and transport modular
Level and marriage the two halves together
Supply anchors and anchor modular
{Put vinyl siding back on the ends and put ridge cap on roof $6500.00
{Supply under skirting and install $1200.00
(Brother’s will supply anchoring materials and bolts)
Total $7700.00 |
Signature: ‘Wa License #: WV032697
VA License #: 2705092950
Thank You For Your Business
99/89/2019 21:28  seeeasee9d
FAX PAGE 81/01
fax 97-201
‘24-HOUR WRECKER SERVICE P.O, BOX 947 LIGHT & HEAVY DUTY
276/762-7961 St. PAUL, VIRGINIA 24283 TOWING
Phone: 276/762-0440
Taare
Ne 14997 © service INVOICE
rere _ ia Te TR Bp
Same
asa
a
Te We — ss
DESCRIPTION OF WORK
Tiara ts san otra Sc nebo | TOTAL
‘oat devolsetsudatasatees anata eis, Haseena hare booed | MATEFIALS.
‘eoneongsoatarptaaueasy mosh ea amy ped gs
hited es oaths hig el estes vatican | TAX
"un ng x. Phono ee de
enn Tipe ech cela
‘Sypat vac
th ee
eo
TOL
nrvean sah, coy of nn ms be presi adhe repteglca me i, : a
Signature_
Date Completed.
"oraby acknowledge the callstacory complain of the above deacibed work. 1D Noone Home
Redbud Construction
Box 412
Honaker, VA. 24260
276-979-5265
To: FOR
Russell County School Board Framing a roof
Oak Grove Community Center
Lebanon Va. 24266
DESCRIPTION MATERIALS
To frame a roof from the existing center over the
breezeway connected to the new addition
removing a window framing a opening , match
shingles as close as possible all material an
labor is included
Make all checks payable to Redbud Construction
Total due in 15 days . Overdue accounts subject to a service charge of 18% per month
INVOICE
INVOICE06092020
Date: 06/09/2020
LABOR = AMOUNT
8475.00
TOTAL 8475.00
Price You Gan,
PROS QUOT All Your Building Materials Needs at a You Can Afford
GUAR ANFEEN eine
~f2., KIM C:DAVIS CONSTRUCTION
UT Bhi aekQ20 rte] Lang Helow id &
Cleveland, Virginia 24225 DATE: 3 — £3 ey 2I20
Phone (276) 889-5240 ro
saueswan: Ln Of) ede,
name: Rascoty @o Bak 9 doa Co minyiess:
Agata
EXAMINE CARIEFULLY, AS PRIGES APPLY ONLY TO GRADE AND SIZES SPECIFIED BELOW, PRIGES SUBJEOT TO GHANGE WITHOUT NOTICE AND
CLERICAL ERRORS ARE SUBJECT TO CORRECTION
quantrry trem PRICEEACH || TOTALAMOUNT
\EsTadnt to Qonnert-fonse. Fron. Cdigit
ccherl Fo Oak Grote Comnenty Chaten.
—ypeutding Lonandation and, Cabs Ting,
Ze £4 WET bi hr: tines Sad 2202.
jin bend de,
ak _p. Sibing Zlhene
= Laetibring Mor tiag Powle Liat Z1000| 00
P.O, BOX 3219
LEBANON, VIRGINIA 24266
Ph:276-883-4030 Fax: 276-889-2196 e-mail: [email protected]
Estimate
8/29/2019
To: Russell County
f Job Location
[Russell County (Hansonville Area)
Estimate
Russell County
(Hansonville Area’
t
i
[
E Total Estimated Job Cost) $4,200.00
RUN DATE: 4/28/20 CUST PH_ # 276-889-6500
CUST FAX # 276-889-6508
age, R.E. MICHEL COMPANY
‘Warniremichel-com [ke the conection
DATE: 4/28/20
Time: 10:24:10 AM ET
SALE BP wreaee
pace: 1 0F = 3
orpeR#: 475730 N
52-0577320
23-968-1053
R.E. MICHEL COMPANY LLC BRISTOL , TN 376204252 CHG QUO
YOUR ACCOUNT NO. IS 682818 QUOTE
§ RUSSELL COUNTY PUBLIC § RUSSELL COUNTY PUBLIC
t SCHOOLS 1 SCHOOLS

PO BOX 8 P PO BOX 8
3 LEBANON, VA 24266 3 LEBANON, VA 24266
‘QUOTE NUMBER ORDER [SALESMAN [SHIP Via —
47573000] OAK GROVE COM | 000184 TBD_ —
guy] samy] Bek Stok Naber Dosertion _ Eemied
THIS PRICING GOOD FOR 30 DAYS
(COPPER PRICES VALID FOR 7 DAYS
FREON VALID SAME DAY ONLY)
TAX AND FREIGHT NOT INCLUDED.
Thi bininiabinohi cnr aca HOSE Ia SHEESH ERA RIA
**) A/C & HP CONDENSING UNITS(EXCLUDING DRY *
#4) CHARGE) MUST BE INSTALLED WITH A MATCHED INDOOR **
*# UNIT FOR A WARRANTY TO BE VALID. bd
Tn RSS S HS ESSE ISIS DI HSE TEMES a SHOCK FAR II
1 0g 1) 1AT311B VSH1BE4M1SP24K AIRTEMP 1066.21 | 1066.21
14 SEER HEAT PUMP
1 0 1} 22B400C B6BMMO24K-A_ AIRTEMP 503.13 503.13
MULTIPOISE PISTON A/H
q| 1| 22B480C H8HKO10H-11 AIRTEMP 74.24 74.24
HEATER KIT
2 2 8H3610 DUCT 16X10 48" S/D 20.86 41.72
2 2 8H3580 DUCT 10X10 4: s/D 14.70 29.40
4 2 8H358 DUCT 10X8 48" S/D 13.69 27.38
‘ONTINUED **— ‘Countorperson: — | Gevificate Number Sto id
aes Tx
A Family Company Since 1935 | eae -

RUN DATE: 4/28/20 CUST PH # 276-889-6500 DATE: 4/28/20
CUST FAX # 276-889-6508 time: 10:24:10 AM ET
SALE Bhi or ARSE
)__R.E. MICHEL COMPANY moe. SOF 3
iain ORDERH: 475730 N

eur tans Stes PHONE 423-968-1053
“aamreinieRpam ast coms tn
R.E. MICHEL COMPANY LLC BRISTOL , TN 376204252 CHG QUO
‘YOUR. ACCOUNT NO. IS. 682818 QUOTE
6 RUSSELL COUNTY PUBLIC § RUSSELL COUNTY PUBLIC
t SCHOOLS: 1 SCHOOLS


PO BOX 8 ° PO BOX 8
3 LEBANON, VA 24266 3 LEBANON, VA 24266
“QUOTE NURSE ~~" eUSTORER ORDER HUNGER TS aE — —
47573000, OAK GROVE COMM. | 000184 TeD L _
Suma | gamy | Bi Sk Nanbor sxc one Ete
q 1) 8H3630 DUCT 20X10 48" S/D 24.60 24.60
2 2 8H487B END CAP 20X10 S/D 5.51 11.02
8HOO08 800 12X4 BRN FLOOR REGISTER 3.12 24.96
FLOOR DIFFUSER.
8 8H807 BOOT 4X12-6" STRAIGHT 2.25 18.00
8H862T COLLAR 6" #168 FLAT ADHES W/D 4.92 39.36
q 1) 9HO30B REDUCER 2X10 RECT SIDE 5.47 5.47
q 9 1) 9H032B TRUNK REDUCER 6X10 5.98 5.98
q 1) 8H733E FLAT SHEET 48X120 266 GALV G40 21.14 21.14
a 2 8H293 3"X60YDS FOIL DUCT TAPE 18.07 36.14
UL181A-P.
1 1 8H291 330X EXTREME WEATHER FOIL TAPE 10.38 10.38
3"XSOYDS TEMP -35F TO 260F
9 TH606A 6"X25’ R6.0 FLEX DUCT BAGGED 21.89 | 175.12
SILVER JACKET
q 1) 7H616A 16"X25’ R6.0 FLEX DUCT BAGGED 58.28 58.28
SILVER JACKET
a 2 8H869B COLLAR 16" #167 FLAT ADHESIVE 9.09 18.18
q 9 1) 8H197 60GHFF (19FG) 20X25 WHITE 19.94 19.94
FILTER GRILLE
a 2 74385 HVBB48075 4°X75’BUBBLE WRAP 164.65 | 329.30
owriwueo-* Coun Tax Genieate Rumber Sito |
A Family Company Since 1935 — | Fess x

RUN DATE: 4/28/20 CUST PH # 276-889-6500 DATE: 4/28/20
CUST FAX # 276-889-6508 TIME: 10:24 10 all eT
SALE TPF CH
** QUOTE **
ages, R.E. MICHEL COMPANY pace: 3 0F 3
ORDERW: 475730 N
4 Para Haare septs
R.E. MICHEL COMPANY LLC BRISTOL , TN 376204252 CHG QUO
YOUR ACCOUNT NO. IS. 682818 QUOTE
8 RUSSELL COUNTY PUBLIC § RUSSELL COUNTY PUBLIC
t SCHOOLS 1 SCHOOLS

PO BOX 8 ° PO BOX 8
3 LEBANON, VA 24266 3 LEBANON, VA 24266
47573000 OAK GROVE COMM. 000184 [ TBD
= ‘Sepa a ‘Stock Number Description 4 be a
R8 INSUL USE WITH 3/4" SPACER
q | 8H958 WIRE TIE 36"BLACK 50 PACK 7.92 7.92
1 1] 4H116P PAD PLASTIC 36X36X3 32.11 32.11
1 | 6R222B 3/8 X 3/4 X 25" 1/2 BLK INS 63.11 63.11
LINESET PLAIN ENDS
q 1) 3C497 DISCONNECT 60A NON-FSD 11.45 11.45
SPRING STOCK UP [IS HERE CHECK US OUT ON LINE WWW.REMICHEL . CO!
THANKS FOR YOUR ORDER [24HR CELL 423-534-3564
oe ~~ Gotniapersons HRHYMER Tax Cevifieate Number ‘Sub
TN163 0060 Sales
Famili Company Since 3S FREIGHT
A ily y 19. yor pb | 2900.08

** This is NOT an invoice **
** DO NOT sign this document as a receipt **
ST
Quotation
Aa ee
ee 05/28/2020 | 213-100846262
1909 Brookside Pane PAGE NO.
KINGSPORT, TN 37660 Letra su
425-246-6908 aes te
Jesseaoons 10f2
‘QuoTE To: SHIP TO:
RUSSELL COUNTY BOARD OF SUPERVISORS RUSSELL COUNTY BOARD OF SUPERVISORS
PO BOX i208 PO BOX 1208
LEBANON, VA 24266 LEBANON, VA 24266
[CUSTOMER NUMBER] CUSTOMER PO NUMBER JOB NAME / RELEASE NUMBER SALESPERSON
21074 OAK GROVE — MELISSA JUSTICE
WRITER SHIP VIA TERMS SHIP DATE [FREIGHT ALLOWED
KENNETH TAYLOR BID Net Due 30 days | 04/28/2020 No
ORDER QTY DESCRIPTION UNIT PRICE EXT PRICE
tea |B75-914 GSZ140241 HEAT PUMP GOODMAN 1052.700/ea 1052.70
1ASEER 11.5EER 8.2HSPF 2T SINGLE
PHASE 208/230V R410A,
tea | 93-327 ARUF25B14 AIR HANDLER 474.150lea ATAAS
SINGLE PIECE GOODMAN 2T
MULTH-POSITION 17-1/2" WIDTH FIELD
Txv
tea | L81-163 HKSC10XC HEAT ELECTRIC KIT 119.410/ea 119.41
10kW
AHRI #: 201640401
2ea_| M90-258 TD481610 4FT 16X10 TRUNK 23.210/ea 46.42
Duct
2ea | D10X10 TD48-10x10 DUCT-4FT 16.810/ea 33.62
2ea | M90-182 TD48108 48IN 10X8 TRUNK 15.180/ea 30.36
uct
tea | D20X10 TD48-20x10 DUCT-4FT 28.130/ea 28.13
2ea_|M81-898 212010 20x10 END CAP 6.260/ea 12.52
Bea | L88-168 010719 DIFFUSER 4X12 421 4.130/ea 33.04
FLOOR BROWN
8ea_|MB0-890 27R4126 4X12X6 STRAIGHT 2.570lea 20.56
BOOT
8ea_|M81-441 ATT6 GIN AIR TIGHT TAKEOFF 4.500/ea 36.00
‘tea | M81-714 35610 6X10 TRUNK REDUCER 7.020/ea 7.02
tea |MB1-712 35210 2X10 TRUNK REDUCER 6.340/ea 6.34
tea | M90-236 SH264896 26GA 48X96 SHEET 23,600/ea 23.60
Continued on Next Page
er Subiota
S&H Charges
SF 359615- Estimated Tax
‘Amount Due
W000 A UO
Johnstone Supply Kingsport
1909 Brookside Lane
KINGSPORT, TN’37660
423-246-6995
quote To:
RUSSELL COUNTY BOARD OF SUPERVISORS.
PO BOX 1208
LEBANON, VA 24266
Quotation
EXPIRATION ATE | QUOTE NUMBER
05/28/2020 213-100846262,
PAGE NO,
arn rot
sions
20f2
SHIP TO:
PO BOX 1208,
LEBANON, VA 24266
RUSSELL COUNTY BOARD OF SUPERVISORS.
Pied By KENTAY an 4202020 10:23.20 AM
21074 OAK GROVE MELISSA JUSTICE
KENNETH TAYLOR BID Net Due 30 days 04/28/2020 No
2ea_ | G80-092 216478/AF-100-3 TAPE DUCT 18.950/ea 37.90
FOIL 3IN X GOYD SILVER UL 181A-P &
UL 181B-FX 4 MILS SHURTAPE
tea | G80-977 3520CW TAPE DUCT FOIL COLD 14.000/ea, 14.00
TEMP 3IN X SOYD SILVER 3.5 MILS 3M
VENTURE TAPE.
8ea | FLEXR6-6B MHP-25R6B FLX DCT 6" BAG. 25.740/ea 205.92
tea | FLEXR6-16B MHP-25R6B FLX DCT 16" 68.040/ea 68.04
BAG
2ea | ATT16 ATT-16" AT COLLAR W/HOLES. 13.120/ea 26.24
fea |L88-177 043520 GRILLE 20X25 673 1/2 25.860/ea 25.86
FIN SPACING FILTERED RETURN WHITE
2ea | R94-247 HVBP48100 INSULATION 132.230/ea 264.46
REFLECTIVE R4.2 48IN X 100FT
STANDARD EDGE REFLECTIX
tea | G80-002 BL36H9L TIE CABLE NATURAL 9.360/ea 9.36
tea | B94-676 EL3636-2 PAD EQUIPMENT 28.690/ea 28.69
36X36X2 E LITE
fea | B75-254 61220250 LINE SET STANDARD 79.820/ea 79.82
3/8IN 3/4IN 1/2IN 25FT STRAIGHT END
tea | G84-940 DPU222R DISCONNECT SWITCH 11.990/ea 11.99
60AMP 120/240V METALLIC NON-FUSED
‘Subtotal (2696.15.
‘S&H Charges: 0.00
Estimated Tax 0.00
INVOICE
Box 412
Honaker, VA. 24260
276-979-5265
INVOICEO12518
Date: 09/02/19
To: FOR:
Russell County school Board Building a 14x30 room complete _
Lebanon,Va.24266
DESCRIPTION MATERIALS —_ LABOR AMOUNT
To frame a 14x 30 room and finish to be 14,750.00
completed all inspection by code of Virginia
that incudes 3 windows , 1 36” six panel steel
door with a panic bar texture ceiling , texture
walls, with paint trim , floor covering turn
key deal. siding to match or match as close
as possible same on the shingles
Also includes the underpinning of the new
addition
fel Lenn
Make all checks payable to Company Name
Total due in 15 days, Overdue accounts subject to a service charge of 1% per month.
TOTAL 14,750.00
June 4, 2020
Mr. Lonzo Lester
County Administrator
Russell County
P. O. Box 1208
Lebanon, VA 24266
RE: School Resource Officer/School Security Officer Grant Program–SRO
Dear Mr. Lester:
Congratulations on being a recipient of the above referenced grant program! Your DCJS grant
award number is 21-D4168FR21 and was approved for a total award of $57,287. The project period
is 07/01/2020 through 06/30/2021.
Included with this letter is a Statement of Grant Award/Acceptance (SOGA). Please note hard
copies of the General Special Conditions, as well as the Reporting Requirements and Projected Due
Dates, are no longer included as part of the Grant Award Package. Instead, these documents have
been combined and are now referred to as Conditions and Requirements and are posted online at
https://www.dcjs.virginia.gov/grants/grant-requirements.
In addition to the General Special Conditions, there may be Specific Special Conditions related to
your Grant Award. You are required to view these conditions online via the Grants Management
Information System (GMIS) at https://grants.dcjs.virginia.gov under menu item View Status ->
Special Conditions. If you have not previously done so, you must obtain a user name and password
set up by your Finance Officer in order to use this web-based system.
We will be happy to assist you in any way we can to assure your project’s success. To indicate
your acceptance of the award and conditions, please sign the included SOGA and return it
electronically within the next 60 days to [email protected]. If you have questions,
contact (Michelle Miles) at (804) 225-1846 or via email at [email protected].
Sincerely,
  Shannon Dion 

https://www.dcjs.virginia.gov/grants/grant-requirements
https://grants.dcjs.virginia.gov/
mailto:[email protected]
Lonzo Lester
Highlight
COMMONWEALTH of VIRGINIA
Department of Criminal Justice Services
‘Shannon Dion Washington Bulking
Director 1100 Bank Street
Richmond, Viginia 23219
Megan Peterson (804) 786-4000
Chief Deputy Director ww-seis.veginia gov
June 4, 2020
Mr. Lonzo Lester
County Administrator
Russell County
P.O, Box 1208
Lebanon, VA 24266
Dear Mr. Lester:
Congratulations on being a recipient of the above referenced grant program! Your DCJS grant
award number is 21-D4168FR21 and was approved for a total award of $57,287. The project period
is 07/01/2020 through 06/30/2021.
Included with this letter is a Statement of Grant Award/Acceptance (SOGA). Please note hard
copies of the General Special Conditions, as well as the Reporting Requirements and Projected Due
Dates, are no longer included as part of the Grant Award Package. Instead, these documents have
been combined and are now referred to as Conditions and Requirements and are posted online at
https://www.dejs, virginia gov/grants/grant-requirements,
In addition to the General Special Conditions, there may be Specific Special Conditions related to
your Grant Award, You are required to view these conditions online via the Grants Management
Information System (GMIS) at https://grants.dejs.virginia gov under menu item View Status >
Special Conditions. If you have not previously done so, you must obtain a user name and password
set up by your Finance Officer in order to use this web-based system.
We will be happy to assist you in any way we can to assure your project’s success. To indicate
your acceptance of the award and conditions, please sign the included SOGA and return it
‘electronically within the next 60 days to grantsmgmit(@ dejs.virginia.gov. If you have questions,
contact (Michelle Miles) at (804) 225-1846 or via email at [email protected].
Sincerely,
ShanumDio
Shannon Dion
STATEMENT OF GRANT AWARD (SOGA)
Virginia Department of Criminal Justice Services
1100 Bank Street, 12th Floor
Richmond, Virginia  23219
Project Director Project Administrator Finance Officer
The Hon. Steve Dye
Sheriff
Russell County Sheriff’s Office
P. O. Box 338
Lebanon, VA 24266
(276) 889-8033
[email protected]
Mr. Lonzo Lester
County Administrator
Russell County
P. O. Box 1208
Lebanon, VA 24266
(276) 889-8000
[email protected]
Ms. Alicia McGlothlin
Treasurer
Russell County
P. O. Box 121
Lebanon, VA 24266
(276) 889-8028
[email protected]
*Please indicate your ICR in the space provided, if applicable. As the duly authorized
representative, the undersigned, having received the Statement of Grant Awards (SOGA) and
reviewing the Special Conditions, hereby accepts this grant and agree to the conditions and
provisions of all other Federal and State laws and rules and regulations that apply to this award.
Signature:  ______________________________
    Authorized Official (Project Administrator) 

Title:   ______________________________
Date:   ______________________________
School Resource Officer/School Security Officer Grant Program–SRO
Subgrantee: Russell

DCJS Grant Number: 21-D4168FR21
Grant Start Date: 07/01/2020

Grant End Date:  06/30/2021
Indirect Cost Rate: _____%  *If applicable
Federal Funds:   $         0

State General Funds:   $         0

State Special Funds:  $43,693
Local Match:   $13,594
Total Budget:   $57,287
STATEMENT OF GRANT AWARD (SOGA)
Virginia Department of Criminal Justice Services
1100 Bank Street, 12" Floor
Richmond, Virginia 23219
School Resource Officer/School Security Officer Grant Program–SRO
Subgrantee: Russell
DCIS Grant Number: 21-D4168FR21
Grant Start Date: 07/01/2020
Grant End Date: 06/30/2021
Indirect Cost Rate: %
"If applicable
Federal Funds:
State General Funds:
State Special Funds:
Local Match:
Total Budget:
$ 0
Ss 0
$43,693
$13,594
$57,287
Project Director
Project Administrator
Finance Officer
Steve Dye
Russell County Sheriff’s Office
P.O. Box 338
Lebanon, VA 24266
(276) 889-8033
issellcountyva.us
Mr. Lonzo Lester
County Administrator
Russell County
P.O, Box 1208
Lebanon, VA 24266
(276) 889-8000
[email protected]
Ms. Alicia MeGlothlin
Treasurer
Russell County
P.O, Box 121
Lebanon, VA 24266
(276) 889-8028
[email protected]
*Please indicate your ICR in the space provided, if applicable. As the duly authorized
representative, the undersigned, having received the Statement of Grant Awards (SOGA) and
reviewing the Special Conditions, hereby accepts this grant and agree to the conditions and
provisions of all other Federal and State laws and rules and regulations that apply to this award.
Signature:
Authorized Official (Project Administrator)
Title:
Date:
DATE:    July 15, 2020
TO:      Mr. Lonzo Lester, Administrator, Russell County Board of Supervisors
     Members of the Russell County Board of Supervisors 

     Lebanon, Va 

FROM:    Highway Abundant Life Church
     Pastor, Seth Shortridge, (276) 202-2981 

     1230 Redbud Hwy, Rosedale, VA    24280 

SUBJECT:  Permission for Pump and Haul Septic System
Per our conversation on July 14, 2020, I am writing to ask the Russell County Board of Supervisors for approval to install
a pump and haul septic system at our church located at 1230 Redbud Highway, Rosedale, VA.  We have recently purchased this church
and have been working hard to do improvements.  Unfortunately, we do not have enough land to put in a full septic system on this property.
    We have approximately 25 members with average time at the church being around 5 hours per week.  We would like to build two bathrooms  

    onto the church, if the pump and haul system meets your approval.  Mr. Mickey Ray, Building Inspector for Russell County, said we could apply   

    for building permits to build bathrooms once system was installed if approved.  We have contacted, David Kinder, (276) 971-1936, Rosedale,  

    VA, who works through the Russell County Health Dept.  He has drawn up drafts of location on property to place a 1500 gallon tank with an     

    alarm system to alert us to when tank needs to be pumped.  He said he would submit the necessary paperwork to your office and the Health    

    Department for necessary permits.   We realize that we would need certified personnel to install this system per regulations.   

    We want everything to be in legal standing with county regulations. 

    If you have any questions in regard to this request, please feel free to contact us at the above telephone number.  Thank you so very much 

    for your consideration in this matter and we would greatly appreciate any and all help towards your approval. 

    Sincerely, 

    Seth Shortridge, Pastor  

    Highway Abundant Life Church 

Lonzo Lester
Highlight
DATE: July 15, 2020
To: Mr. Lonzo Lester, Administrator, Russell County Board of Supervisors
‘Members of the Russell County Board of Supervisors
Lebanon, Va
FROM: Highway Abundant Life Church
Pastor, Seth Shortridge, (276) 202-2981
1230 Redbud Hwy, Rosedale, VA 24280
Per ur conversation on July 14, 2020, | am writing to ask the Russell County Board of Supervisors fr approval to install
3 pump and haul septic system a our church located at 1230 Redbud Highway, Rosedale, VA. We have recently purchase ths church
‘and have been working hard to doimprovements. Unfortunately, we do not have enough land to put ina fll septic system on this property.
We have approximately 25 members with average time atthe church being around 5 hours per week. We would ike to build two bathrooms
conto the church, f the pump and haul system meets your approval. Mr. Mickey Ray, Building inspector for Russell County said we could apply
for building permits to build bathrooms once system was installed if approved. We have contacted, David Kinder, (276) 971-1936, Rosedale,
VA, who works through the Russell County Health Dept. He has drawn up drafts of location on property to place a 1800 gallon tank with an
alarm system to alert us to when tank needs tobe pumped. He sald he would submit the necessary paperwork to your office andthe Health
Department for necessary permits. We realize that we would need certified personnel to instal this system per regulations.
\We want everything to be in legal standing with county regulations
Ifyou have any questions in regard to this request, pease feel free to contact usat the above telephone number. Thank you so very much
for your consideration inthis matter and we would greatly appreciate any and all help towards your approval.
Sincerely,
Seth Shortridge, Pastor
Highway Abundant Life Church
Please review and distribute this memo to the departments listed below
To: Department Directors From: Sigma Consulting and Training, Inc.
Phone: (863) 232-2910
Pages: 3 (includes cover) Fax: (863) 326-6780
e-mail; [email protected]
Date: July 13th, 2020
Please forward to: Public Works Highway Maintenance
Parks and Recreation Water/Wastewater Treatment
Solid Waste/Sanitation Environmental Services/Mosquito Control
SPCC Coordinator Stormwater Compliance/MS4
You safety is our top priority. Social distancing and all appropriate State and CDC
recommendations will be enforced. Including temperature checks and student screening.
Register on-line by going to sigmatrainingservices.com or click the link: sigmatrai
URGENT - PLEASE RESPOND IMMEDIATELY
Chemical Spill Response Training for
Commonwealth of Virginia - City and County Government Employees
Please review the attached information for an upcoming
training class to be held on August 4" (Roanoke Area),
‘August 5 (Culpeper Area), and August 6" (Richmond Area).
NEWS FLASH: In Virginia alone, EPA reported
inspections at 818 city and county facilities in the last
three years. Including a $21,000 fine at a city water
plant in May 2020! Ave you ready for an inspection?
Training is now required by OSHA and EPA for all
state_and local government employees that_are
expected to respond to a chemical spill. This class is
especially important for employees at the following locations
due to the chemicals they routinely handle:
Public Works Employees - Fuel products, anti-freeze, parts
cleaners, paints and solvents
Parks and Recreation Employees - Pesticide products, fuel
products, paints and solvents
Highway Maintenance Employees - Paints and solvents,
herbicides, and fuel products
Water and Wastewater Treatment Employees - Chlorine
(both gas and liquified), Propane
Mosquito Control - Pesticide products, fuel products Solid
Waste/Sanitation Employees - Discarded chemical
containers, unknown products
This class is only offered once
per year. More than 100 City
and County agencies in
Virginia have sent their
employees to this class in the
past.
This class meets OSHA, EPA,
and DOT training standards.
This class is also eligible for
Continuing Education hours
for many licenses, including
water and wastewater license
holders.
Payment is not required prior
to attending, but you must.
register in advance.
Note: If you have at least 20
persons attending, we can
hold the training at your own
facility for a substantial
discount. Call for details at
(863) 232-2910.
‘The registration fee for the course is $150 per employee, four or more employees are $125 each. Fee
includes all textbooks and other course materials. Payment may be made by government purchase
order, check, or credit card.
If you have any questions call Sigma Consulting and Training, Inc. at
(863) 232-2910 or e-mail: [email protected]
ingservices.com
Virginia - City and County Employees
Chemical Spill Response Training
You safety is our top priority. Social distancing and all appropriate State and CDC
recommendations will be enforced. Including temperature checks and student screening
It’s not a matter of ifa chemical spill is going to occur, it’s
just a matter of when! Chemical handling is a requirement for
many jobs in government service. From the variety of paints,
solvents, and pesticides, to the fuel products we use everyday.
Think about the products we transport on public highways. Even
the gasoline or diesel fuel in your vehicle may become spilled in
a traffic accident. Part of being a good manager is making sure
things go right on the job, and being prepared in case they don’t.
This class is also eligible for
Continuing Education hours
for many licenses, including
| water and wastewater license
holders.
i
Also satisfies annual refresher
requirement for other Hazmat
training.
Do you know the rules?
Last year alone, there were over 33,000 spills
large enough to require reporting to the federal
government. Failure to make the necessary
notifications can result in substantial fines. Fuel
products require reporting in some situations if
only one drop is spilled. Do you know what they
are?
A school employee was awarded $289 million
for exposure to chemicals on the job. Do you
know what protective gear is required?
A person was criminally charged by EPA for
using their cell phone when pumping used
oll. Do you know the rules that apply to you?
EPA issued a $66,000 fine for simply not
reporting a chlorine leak. Do you know when
you have to notify authorities?
OSHA and EPA strictly regulates who can
respond to chemical releases. Without spill
response training, your employees will not be
allowed to assist you in cleaning up a chemical
spill
‘The majority of all spills are less than 0 gallons,
yet may cost $10,000 or more to clean up when
Using an environmental contractor. Most cities
and counties have all the necessary equipment,
but employees must have the proper training,
Roanoke Area
Trained employees can respond in a matter of minutes,
instead of hours that most environmental contractors
require to get to your site.
Sigma Consulting and Training, Inc., is offering
chemical spill response training in your area to prepare
your employees to respond to an emergency. The
training satisfies the OSHA requirements for
emergency responders, and includes eight hours of
training covering: Spill response procedures,
decontamination, personal protective equipment,
respiratory protection, chemical storage and handling,
and more.
Registration fee for the course is $150 per employee, four
or more employees are $125 each. This includes
textbooks, DOT emergency response handbook, and
handout materials. Laminated wallet card and
cettificate of training will be provided after the course.
a
The course instructor is a nationally recognized speaker and
has trained employees from more than 300 companies, along
with federal, state, and local agencies. These include the U.S.
Army and Navy, Kennedy Space Center, and U.S. Dept. of
Justice. The instructor also meets “Master Trainer”
qualifications with the US. Dept. of Homeland Security.
SS EET)
Culpeper Area Richmond Area
August 4", 2020 August 5", 2020
Holiday Inn Best Western Inn
3315 Ordway Drive 791 Madison Road
Roanoke Culpeper
Register on-line by going to sigmatrai
August 6", 2020
Hilton Garden Inn
441 International Center Dr
Sandston
ingservices.com or click on the link: sigmatrainingservices.com
To register, Complete and return fax the attached registration form to (863) 326-6780.
A confirmation will be sent to you upon receipt of your registration
Fax: (863) 326-6780
SIGMA CONSULTING Phone: (863) 232-2910
AND TRAINING, INC. e-mail: [email protected]
Register on-line at: sigmatrainingservices.com
You safety is our top priority. Social distancing and all appropriate State and CDC
recommendations will be enforced. Including temperature checks and student screening.
Fax Registration Form
Course Title: Chemical Spill Response Training
Location:
Roanoke Area Culpeper Area Richmond Area Hilton Garden
Holiday Inn Best Western Inn Inn 441 International Center Dr.
3315 Ordway Drive 791 Madison Road Sandston, VA 23150 (804)
Directions/Hotel Roanoke VA 24017 Culpeper, VA 22701 222-3338
Reservations: (540) 362-4500 (640) 825-1253
(.) Richmond Area Aug. 6,
Date of Course: (X) Roanoke Area ()Culpeper Area 2020
(Please select) August 4",2020 August 5", 2020
Fee: $150 per person, 4 or more $125 each. Class Time: 8:00 a.m to 5:00 p.m.
Indicate number attending: 14__ (Please provide names if known in advance).
Agency & Dept: Russell County Emergency Management
Names of Attendees: Jess R. Powers
Business Mailing Address:___P. O. Box 911, 94 Russell Street
City: Lebanon State_VA__. Zip Code:_24266
Telephone: (276)701-9775 Fax: (276) 889-8248 e-mail: [email protected]
Please indicate payment method: X. Check Purchase Order . Credit Card
Payment does not have to be received prior to attending the class.
Name (as it appears on the card) Circle one: Visa MC AMEX
Credit Card Number: Exp. Date: /
Credit Card Billing Address:
City: State: Zip Code:
(must match the billing address and zip code on your credit card statement)
Security Code Amount:$ Signature:
*Security Code found on front of AX (4 digits over last 4 numbers) and back of MC/VISA (last three digits by signature)
Government purchase orders accepted. Please make checks payable and mail to:
Sigma Consulting and Training, Ine.
P.O. Box 190, Eagle Lake, FL 33839
Sigma Consulting and Training, Inc - Federal Identification Number: 30-0009429
(Please forward a copy of your purchase order when completed)
Cancellations received at least three days prior to the class will receive a 100% refund. No refunds less than
three days prior to class. Class size is limited… You must register in advance to secure your seat in the class!
Employee information
RUSSELL COUNTY
EMERGENCY MANAGEMENT
6656 Clydesway Drive, Sute A ~ P. 0. Box 997 ~ Lebanon, VA 24266
"T: (276) 889-8247 ~ F: (276) 889-8218,
Travel Request - HazMat/Chemical Spill Response Training
{Attendance can be charged to the Local Emergency Management Performance Grant (LEMPG)}
Pay period
[name
“employee 10
[poston
Jess Powers
368
‘Approval: Mr. Lonzo Lester
Emergency Management Coordinator
_
Department Emergency Management ] From
ro
3/2020)
8/4/2020
Description
Wieais [Per Diem]
[tileage [Expense |
Fuel
[Hotel
TOTAL
"Travel to Roanoke $26.00
[_151.00) $18.50]
$44.50]
3/3/2020,

$18.50]

$346 50]
arr
$0.00]
$0.00)
30.00)
$0.00)
40.90]
$0.00]
$0.00]
$0.09]
$0.00]
$0.00]
$0.00]
Ts26.00)
FeL00]
150,00) 0]
$17.00)
{Approved by
|
Notes
‘Russell County Subtotal
RUSSELL COUNTY TOTAL|
0.00)
$391.00]
$309)
“The HazMat ‘Training is required by OHSA and EPA forall sate and lcs] government employes that respond to chencal pil This taining satisfies the OSHA requirements fr
‘emergency responders, and includes eight hours of training covering: Spill sponse procedures, decontamination, personal protective equipment, respiratory protectin, chemical
Storage and handling. The HazMat Clas wl be held a the Holiday In, Roanoke, VA en August 4, 2020 with agenda acceptance, and travel documentation attached.
frometwsony —ervoyer stonarure
17-Juh20
MONTHLY BANK BALANCES
Tune 30, 2020
Regular Account 3,692,236.72
Employee Insurance 3,738,574.19
Employee Claims Account 4,000.00
Non-Judicial Reals Estate Sales 2,388.81
Russell Co, Housing Fund 4,424.36
School Textbook 44,920.42
Sheriff Domestic Violence 1,666.31
Petty Cash Treasurer 247.80
Sheriff Seized Assets 54,558.83
Sheriff Restitution 7,238.37
Sheriff Forfeited Assets 502.80
Comm Attorney Forfeited Assets 31,702.79
Sheriff Federal Forfeited Assets 7,523.75
Comm Attorney Fed Justice Forfeited Assets 153,403.59
‘Commonwealth Attorney Abanoned Property 500.00
Sheriff Federal Justice Forfeited Assets 7,916.15
Sheriff Calendar Fund 857.31
Sheriff Special Projuects 2,000.00
SSI Recipients 0.10
First Sentinel Bank 1,000.00
Bank of Honaker 18,196.74
New Peoples Bank 137,543.06
Certificates of Deposit General 49,575.00
Treasurer’s Money Market 2,415,439.25
Certificate of Deposit Library Donations 24,788.80
Total Cash In Bank. 10,398,175.15
Cash In Office 4,600.00
Petty Gash 100.00
TOTAL CASH 10,399,875.15
DATE June 30, 2020
ACCOUNT DEBIT CREDIT
Cash in Office 7,600.00
Cash in Bank 710,398,175.15
Petty Cash 100.00
General Fund 3,087,102.23
‘Non-Judicial Real Estate Sales 2,388.81
Sheriff In State Trip 30,861.95
‘Sheriff Dare Fund 100.00
Seized Assets 54,558.83
‘Sheriff Restitution 7,238.37
‘Sheriff Forfeited Assets 502.80
‘Comm Attomey Forfeited Assets 31,702.79
Honaker Library Donations 24,783.87
Russell County Housing Fund 4,424.36
Sheriff Federal Forfeited Assets 7,523.75
Sheriff Domestic Violence 1,666.31
‘Comm Attorney Abanoned Prop 500.00
‘Comm Attomey Fed Justice 753,403.59
‘Sheriff Fed Justice Forfeited 7,916.15
‘Sheriff Calendar Fund 857.31
Sheriff’s Special Projects 7,000.00
Social Services (260,846.08)
‘Swva Asap 13,972.73
‘Coal Road Improvement 373,569.04
CSA (642,661.21)
School Fund 535,143.68,
School Food 414,975.95
School Textbook 44,920.42
Regional Adult Education 252,110.65
Petty Cash ‘Treasurer 247.80
COVID 19 2,175,685.56
Litter Fund Trash Pickup (10,381.50)
Current Credit (0.79)
Current Debit 14.44
Title XX 77,321.05
SSI Recipients 0.10
Damage Stamp Fund 7,823.98
Valley Heights 65,282.08
Dante Sewer 49,575.00
Employee Health Insurance 3,738,574.19
Employee Insurance Claims 7,000.00
Taw Library 56,839.19
Special Welfare 53,287.94
Housing Fund #2 7,100.00
Russell Co Health & Fitness 125,427.32.
Cannery (136,459.26)
WIB 10,051.75
Total 10,399,875.15 10,399,875.18
June 18, 2020
‘The Regular monthly meeting of the Industrial Development Authority of
Russell County, Virginia was held on June 18, 2020 at 5:30 P.M, via conference
call pursuant to the Russell County Emergency Ordinance of April 6, 2020.
MEMBERS
PRESENT: Emie McFaddin, Chairman
Richard Lockridge, Vice Chairman
Carlton Elliott, Secretary
Roger Sword, Member
Tony Dodi, Member
Scott Gilmer, Member
Donnie Christian, Member
ABSENT: Davis Mullins, Member
Jarred Glass, Member
STAFF: Ben Chafin, Attorney
The Chairman called the meeting to order at 5:32 P.M.
Secretary called the roll and recorded the roll call.
APPROVAL OF MINUTES
Upon motion made by Donnie Christian, second by Tony Dodi and duly
approved by the Industrial Development Authority of Russell County, Virginia to
approve the minutes of the May 14, 2020 meeting.
‘The Roll Call Vote was:
Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, 8. Gilmer
Absent: D. Mullins, J. Glass
Nay: None
FINANCIAL REPORT
Upon motion made by Richard Lockridge, second by Donnie Christian, and
duly approved by the Industrial Development Authority of Russell County,
Virginia to approve the financial reports and pay invoices presented.
The Roll Call Vote was:
Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, S. Gilmer
Absent: D. Mullins, J. Glass
Nay: None
REORGANIZATION & ELECTION OF OFFICERS
The Chairman relinquished the chair to the attorney Mr. Chafin, for the
nomination of chairman.
Nomination of Ernie McFaddin for Chairman made by Tony Dodi and
second by Donnie Christian with a motion to close nominations and elect by
acclamation.
The Roll Call Vote was:
Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, 8. Gilmer
Absent: D. Mullins, J. Glass
Nay: None
Mr. Chafin, Attorney, relinquished the chair to Ernie McFaddin, Chairman.
Nomination of Richard Lockridge for Vice-Chairman made by Tony Dodi
and second by Scott Gilmer with a motion to close nominations and elect by
acclamation.
‘The Roll Call Vote was:
Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, 8. Gilmer
Absent: D, Mullins, J. Glass
Nay: None
Nomination of Carlton Elliott for Secretary/Treasurer made by Donnie
Christian and second by Richard Lockridge with a motion to close nomination and
elect by acclamation.
‘The Roll Call Vote was:
Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, S. Gilmer
Absent: D. Mullins, J. Glass
Nay: None
Upon motion made by Donnie Christian, second by Tony Dodi, and duly
approved by the Industrial Development Authority of Russell County, Virginia
appointing Chafin Law Firm as legal counsel for the 2020-2021 physical year.
The Roll Call Vote was:
Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, 8. Gilmer
Absent: D. Mullins, J. Glass
Nay: None
Upon motion made by Carlton Elliott, second by Richard Lockridge, and
duly approved by the Industrial Development Authority of Russell County,
Virginia appointing Bostic & Tucker CPA’s as accountant for the 2020-2021
physical year.
The Roll Call Vote was:
Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, S. Gilmer
Absent: D. Mullins, J. Glass
Nay: None
ATTORNEY’S REPORT.
Project reclaim has requested money from the Tobacco Commission for the
land acquisition and the commission is asking for another appraisal be performed
on the property.
Upon motion made by Donnie Christian, second by Scott Gilmer, and duly
approved by the Industrial Development Authority of Russell County, Virginia
authorizing the chairman to order an appraisal on the Project Reclaim property and
to use the bid process if required by the Tobacco Commission and to ask Russell
County Reclaim LLC to reimburse the IDA for the appraisal.
The Roll Call Vote was:
Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, 8. Gilmer
Absent: D. Mullins, J. Glass
Nay: None
CHAIRMAN’S REPORT
Powers property project has agreed to pay the back taxes due to move the
project forward, but no action has been taken at this time.
Health Department project is still in the planning stages and the final
drawings have not been completed.
Roof Estimate for the Government Center is $398,800.00 for a 65 mil thick
membrane and a 20 year warranty with Baker Roofing.
The VCEDA Small Business Loan Program funds have been exhausted for
Covid relief loans.
The lease with SWCC renews November 1, 2020 and has been negotiated up
to $4 per foot.
Keith Viers with the Housing Authority has asked for a letter of support for
an application to VCEDA for developing property on the east end of town.
Upon motion made by Tony Dodi, second by Richard Lockridge, and duly
approved by the Industrial Development Authority of Russell County, Virginia
authorizing the chairman to send a letter of support for the Housing Authority’s
project to VCEDA.
‘The Roll Call Vote was:
Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, S. Gilmer
Absent: D, Mullins, J. Glass
Nay: None
ADJOURNMENT
Upon motion made by Tony Dodi, second by Donnie Christian, and duly
approved by the Industrial Development Authority of Russell County, Virginia
setting the meeting time and place for the 2020-2021 physical year to the second
‘Thursday of each month at Bonanza Restaurant at 5:30 PM.
The Roll Call Vote was:
Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian
Absent: D. Mullins, J. Glass, S. Gilmer
Nay: None
Upon motion made by Richard Lockridge, second by Donnie Christian, and
duly approved by the Indusirial Development Authority of Russell County,
Virginia adjourning this meeting at 6:32PM.
‘The Roll Call Vote was:
Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian
Absent: D. Mullins, J. Glass, S. Gilmer
Nay: None
MINI
OF THE M¢
HLY BOARD OF DIRECTOR
MINUTES OF THE MONTHLY MEETING OF DIRECTORS of The Russell County Public
Service Authority held at held at 137 Highland Drive Lebanon, VA 24266 on this 21st day of July
2020 at 6:00 PM.
The following members were present, constituting a quorum (4):
Carter MeGlothlin, Chairman;
Clifford Hess, Vice Chairman
Cuba Porter, Treasurer;
Chris Dye;
Donnie Christian;
David Edmonds, Jr.;
Joe Huff, and
Rhonda Lester, Secretary.

Also present:

Harvey Hart;
James Baker, T&L;
Rita Baker, T&L;
Katie Patton;
Lonzo Lester; and
William Puckett

All the directors of The Russell County Public Service Authority being present, formal notice
calling the meeting was dispensed with, and the meeting declared to be regularly called.

4, Carter MeGlothlin acted as Chairperson of the meeting and Rhonda Lester as Secretary of the
meeting.


Harvey Hart opened the meeting with the Pledge of Allegiance followed by a prayer led by
Cuba Porter


Approve Agenda -
Motion to approve the agenda as read made by Cuba Porter, seconded by Donnie Christian,
and unanimously adopted.


Carter McGlothlin, Chairman welcomed everyone to the meeting and stated that the first order
of business would be the annual Board Reorganization. At this time, Chairman McGlothlin
turned the meeting over to Harvey Hart, Director, for the nomination and election for
Chairman of the Board.


Harvey Hart opened the floor for nominations for Chairman of the Board.
Chris Dye nominated Carter McGlothlin for Chairman of the Board and David Edmonds, Jr.
nominated Cuba Porter for Chairman of the Board.
A roll call vote was taken on the nomination of Carter MeGlothlin as Chairman of the Board:
Carter McGlothlin: Yes
Clifford Hess: Yes
Cuba Porter: No
Chris Dye: Yes
Donnie Christian: Yes
David Edmonds, Jr.: No
Joe Huff: No
Aye
Nays: 3
A roll call vote was taken on the nomination of Cuba Porter as Chairman of the Board:
Carter McGlothlin: No
Clifford Hess: No
Cuba Porter: Yes
Chris Dye: No
Donnie Christian: No
David Edmonds, Jr.: Yes
Joe Huff: Yes
Ayes:3
Nays: 4
By a majority vote, Carter McGlothlin was elected as Chairman of the Board.
The meeting was turned over to Chairman McGlothlin. At this time, Chairman McGlothlin
opened the floor for nominations for Vice-Chairman of the Board.
Donnie Christian nominated Cuba Porter for Vice-Chairman of the Board. There were no
other nominations, so Chairman McGlothlin stated the nominations were closed.
Motion the nominations cease and elect Cuba Porter as Vice-Chairman by acclamation made
by Clifford Hess, seconded by Donnie Christian, and unanimously adopted.
Chairman McGlothlin opened the floor for nominations for Treasurer of the Board.
Clifford Hess nominated Donnie Christian for Treasurer of the Board. There were no other
nominations, so Chairman McGlothlin stated the nominations were closed.
Motion the nominations cease and elect Donnie Christian as Treasurer by acclamation made
by Clifford Hess, seconded by Chris Dye, and unanimously adopted.
Chairman McGlothlin tuned the meeting over to Cuba Porter, Vice-Chairman, and nominated
Rhonda Lester for Secretary of the Board. There were no other nominations, so Vice-
Chairman Porter stated the nominations were closed.
Motion the nominations cease and elect Rhonda Lester as Secretary by acclamation made by
Carter McGlothlin, seconded by Chris Dye, and unanimously adopted.
The meeting was turned over to Chairman McGlothlin.


Minutes of the last meeting dated June 23, 2020 were reviewed and, upon motion duly made
by Donnie Christian, seconded by Joe Huff, were unanimously adopted as read.


Public Comments: None


10, Harvey Hart, Director, presented to the meeting:
Bank Activity and Account Balances Reports
Profit and Loss Reports
Outstanding Construction Receivables Report
Systems Water Loss Reports
and upon motion made by Clifford Hess, seconded by Donnie Christian, were unanimously
adopted as presented.

Rita Baker with Thompson & Litton presented to the meeting the following project updates
from June 23, 2020 to date:

© TOWN OF CLEVELAND
Located and replaced 1-inch line, Replaced (3) meters and did hookups.
« DOG TOWN TRASH SITE/COUNTY
Continued work on site.

DANTE CAMPGROUND SITE/COUNTY
Continued work on road and removed playground equipment.
CASTLEWOOD WATER TREATMENT PLANT
Cleaned Sargent Spring.
© BELFAST PHIL
Installed 4,270 LF of 6-inch line, (2) 6-inch gate valves, (1) 4-inch gate, and (1) hydrant. Done
(1) road crossing. A progress/management team meeting was held on 7/17/20.
¢ LAKE BONAVENTURE TO SOUTH CLINCHFIELD PH II (FINCASTLE)
Plans were submitted on 7/10/20. Working w/ VDH & VDOT on plans.


William Puckett with the Russell County Sheriff’s Office presented to the meeting a proposal
to turn over some surplus radio equipment from the Sheriff’s office to the PSA. He stated that
the PSA would have to obtain a FCC license in order to operate the equipment.

13, Carter MeGlothlin, Chairman presented to the meeting and thereupon the following resolutions
were offered.
IT WAS RESOLVED THAT:
¢ Motion to authorize the Russell County Sheriff’s Office to apply for a FCC License on the
Russell County Public Service Authority’s behalf made by Donnie Christian, seconded by
Chris Dye, and unanimously adopted.
© Motion to approve (1) the Resolution Authorizing the Issuance and Sale of a Water and
Sewer Revenue Bond of the Russell County Public Service Authority in an Amount not to
Exceed $23,173.29 and Providing for the Form, Details, and Payment of the Bond, and
Authorizing Related Actions, (2) the Resolution Authorizing the Issuance and Sale of a
Water and Sewer Revenue Bonds of the Russell County Public Service Authority in an
Amount not to Exceed $12,058,187.38 and Providing for the Form, Details, and Payment
of the Bond, and Authorizing Related Actions, and (3) the Resolutions Authorizing the
Construction and Financing of Improvements to the Water System of the Russell County
Public Service Authority to improve and Extend Service in the Glade Hollow and Glade
Hill Areas of Russell County and the Issuance, Sale and Award of a not to Exceed
$418,700.00 Water Revenue Bond and Providing for the Form, Details, and Payment of
the Bond, made by Donnie Christian, seconded by Clifford Hess, and unanimously
adopted
‘© Motion to approve Funding Agreements, Master Financing Agreements, Financing
Agreements, Assumption Agreements, Financing Assumption Agreements, Master Parity
‘Agreements, and Transfer Agreements as to Form Only in Relation to the Glade
Hollow/Glade Hill Project Financing and the Consolidation of Water and Sewer Bonds
made by Chris Dye, seconded by Clifford Hess, and unanimously adopted.
© Motion to approve the Award of Contract for Professional Auditing Services to Rodefer
Moss & Co, PLLC for the year ending June 30, 2020, upon review of legal counsel made
by Cuba Porter, seconded by Clifford Hess, and unanimously adopted.
14, Old Business to Discuss:
Harvey Hart, Director, presented to the meeting a brief update on the recent flood damage
and advised the Board that the estimated $111,000.00 in damages had been approved for
reimbursement by FEMA with an estimated 30-day turnover. Mr. Hart advised the Board
that he would like to put the Construction for the repairs at Strouth Creek out to bid.
Motion to authorize a RFP for Construction of the flood damage repairs at Strouth Creek
made by Clifford Hess, seconded by Chris Dye, and unanimously adopted.
15, Matters presented by the Board:
None

There being no further business to come before the meeting, a motion to adjourn at 7:17PM.

the 21 day of July 2020.
was made by Donnie Christian, seconded by Chris Dye, and duly approved by the Board of
Directors. The next meeting is scheduled for August 18, 2020 at 6:00 PM.
Dated in the Commonwealth of Virginia on Ka é Soli
(Signature)
Secretary Name: Rhonda Lester
P.O Box 1208 Office: 276-889-8000
137 Highland Drive Cell: 276-254-0014
Lebanon, VA 24266 Email: [email protected]
COUNTY
VIRGINIAN
Russell County Tourism
July highlights:
-Began work on Virginia Tourism Corporation’s “WanderLove” campaign. VTC has created a new integrated
‘campaign, WanderLove, that will leverage Virginia’s many road trip adventures to inspire travel throughout the
state this summer and fall. These road trips will also highlight outdoor recreation, hidden gems, small towns and
Virginia’s unique “roadside attraction” — LOVEworks.
-Completed WanderLove grant application for DMO’s through Virginia Tourism Corporation.
-Received notification July 14 received WanderLove grant for Russell County in top amount of $10,000, Began
necessary paperwork and worked on grant requirements,
-Completed work on new Russell County Tourism Brochure, Preparing for print.
-Made social media posts on Experience Russell County Facebook page regarding openings, event changes and
other tourism related content,
-Set up ads for Experience Russell County Facebook that will advertise us on a national level.
Participated in Virginia Tourism Corporation conference calls.
-Participated in Clinch River Valley Initiative steering committee meeting,
Participated in Russell County Chamber of Commerce meeting.
-Met by phone with local Virginia Tourism Corporation representative Michelle Workman on local issues.
Assisted Russell County Tourism Advisory Committee chair as needed.
-Continued to advocate for travel industry relief due to COVID-19 impacts with support letters to local legislatures,
‘ Russell County Planning Commission
June 15, 2020
The Russell County Planning Commission met on Monday, June 15, 2020 in the lobby of the
Board of Supervisors’ Meeting Room at the Russell County Government Center, 133 Highland
Drive Lebanon VA.
Members Present Members Absent Others Present
Oris Christian Kevin Tiller, Esq.
Charlie Edmonds Crystal White
Dustin Keith
John Mason
Chairman Kirby Meadows
Vice Chair Andy Smith
Roger Sword
Wayne Young
Jack Compton
Mark Mitchell
Chairman Kirby Meadows called the meeting to order at 6:30 p. m.
Invocation and Pledge of Allegiance given.
Agenda approved. Motion by Vice Chairman Andy Smith, seconded by John Mason.
Meeting minutes approved. Motion by Oris Christian, seconded by John Mason.
New Business
Kevin Tiller presented a single division survey for Dallas Hubbard dated 1/24/2011. Property is
located on Red Oak Ridge Mountain. Motion by Jack Compton, seconded by Oris Christian to
approve property as exempt. Motion carried. Kevin Tiller also presented a re-subdivision of
property for Robert and Donna Dickenson (Boundary line adjustment). Motion by Jack
Compton, seconded by Mark Mitchell to send to Board of Supervisors for approval.
Dustin Keith asked if the 2020-2021 budget had been approved. Dustin Keith stated that the
Board of Supervisors had not adopted the planning commission recommendation to waive GIS
fees.
Review of Plats
Reviewed 05/19/2020 — 06/15/2020 transactions.
Other Business
Meeting adjourned. Motion by Vice Chairman Andy Smith, seconded by John Mason.
Kibo
Kirby Meadows, Chairman
, Secretary




Russell County Planning Commission
May 19, 2020- June 15, 2020
. J Roger Garrett 1.58AC to Jerry Hawkins Remaining Acreage 38.29AC
Correction plat (plat had error in description) US HWY 19 Frontage
. Franklin D Smith JR 31.475AC Boundary Survey Egg Farm RD
Ideon Inc. Boundary Line Adjustment New Acreage .505AC and 1.086AC
Chrysler Drive
Harley Dye Boundary Line Adjustment 2.33AC and 13.60AC Ball Hollow RD
St Paul Builders & Supply Boundary Line Survey .59AC, 2.15AC, and .80AC
RUSSELL COUNTY CONFERENCE CENTER
July 1, 2020
The following is a list of the Russell County Conference Center events for the month of July.
Date Event Event Type Space
07/08/20 Board of Supervisors Board Meeting Community Full
Lonzo Lester Event Free
‘$0
07/09/20 IDA Board Meeting Community Full
Emie McFadden Event Free
$0
07/11/20 ‘50h Wedding Anniversary Individual Full
Kathy Ratliff Event $25
Canceled
o7/i3/20 ‘Town of Lebanon Council Meeting Community Full
Tony Dodi Event Free
$0
o7/18/20 Bridal Shower Individual Full
Dawn Burks Event $240
07/23/20 ‘The CARES Center Individual Full
April Morefield Event $135
07/25/20 Russell County Republican Banquet Community Full
Nathan Kiser Event $315
(Total: $1,110)



$395



Final Total = $ 715.00
Russell County Health & Fitness
Membership
2019 2020
‘August [September] October | November | December] January | February | March | April | May
Members / Cass Packages 373 175] 169] Fr} 132] 223 237 2os[ taal 132
Pay Per Class ol a 2 3 3 3 2 5 ol ol
Hotal Engagement Fi Ts Fal By 5 Zi] FET) zal aasl a2] a0 ase]
Sales
[Sales Month to Date * $653.09| 418.00] _ $398.00] $1,069.00] $752.00] $1,231.50] $1,305.75] $a90.75|§ = [$= [$339.00 | $1,346.25]
Silver Sneakers $230.00] $232.50] $227.50] $252.50] $215.00 '$208.00] $142.00 szeisols = [s = [s -
Renew Acitve $131.20 $172.80] § s_- [s_— | $a6a0]
asso] $65050) $625.50 $isziso]  See7.00| Saaseso| $1,578.95] $1,325.05] | $ 335,00 | $3,346.25]
Payroll
Instructor / Trainer Payroll__[ $1,005.00[ $960.00] $820.00], $1,035.00] $990.00] $735.00] $1,245.00] $1,130.00] $300.00[ $0.00] $240.00] $2,005.00]

Reporting from 6/23/20 to 7/27/20,
"SALES NOW REFLECT CASH AND CHECKS COLLECTED BY THE FITNESS CENTER ONLY *
Reflects closing of fitness center for COVID-19 *

NAME: WARREN & LESHA KISER
ADDRESS: 4478 RED OAK RIDGE RD. CASTLEWOOD, VA24224
TAX MAP ID. 158 R SB 1831.
EVALUATION DATE: 11/21/2017
NOTIFICATION DATE: 04/11/2018
PUBLIC NOTICE: 04/18/18–04/25/18
PROPERTY OWNER RESPONSE 5/1/18
5/1/18: Property owner(s) contacted the RCBO to request an extension of time tobring
property into compliance due to workschedule.
6/4/18 Property owner(s) stated they are working oncleanup
7/25/18 Ms. Kiser contacted the RCBO, updated on progress, stated they were experiencing
delays to work schedule and weather.
8/27/18 Follow up visit conducted by RCBO, could not see progress on compliance efforts. 2nd
notice to be issued to property owner(s).
9/28/18 Ms. Kiser contacted RCBO, reported progress is continuing to be made onsite.
12/11/18 Mss. Kiser contacted RCBO, reported progress is continuing to be made on site.
2/19/19 Follow up visit by RCBO, progress appears to have ceased. Building Official is setto
appear before the Russell County Board of Supervisors to present findings and discuss further actions to
be taken by the county. Follow up correspondence has been sent to the property owner(s), via Certified
Mail.
3/22/19 Return receipt of certified letter sent property owner(s), received by RCBO.
4/25/19 No further response from property owner(s).
5/23/2019 No response from property owner(s) to report, RCBO requests direction from RCBOS,
on to how to proceed.
6/19/2019: _As of the current date, there has been no response from the property owner. A follow
up letter is being issued to encourage the property owner to communicate withthe
RCBO,
07/22/2019 _As of the current date, there has been no response from the property owner. A follow
up letter was issued on 6/19/2019, to encourage the property owner to communicate with the
RCBO. The RCBO received the return card showing the certified letter had been delivered, with no
response from the property owner
09/25/2019: As of the current date, there has been no response from the property owner. A follow
up letter was issued on 6/19/2019, to encourage the property owner to communicate with the
RCBO. The RCBO received the return card showing the certified letter had been delivered, with no
response from the property owner
09/25/2019: RCBO requests direction from RCBOS, on to how to proceed,
10/29/2019: RCBO requests direction from RCBOS, on to how to proceed,
11/18/2019: RCBO requests direction from RCBOS, on to how to proceed.
12/19/2019: RCBO requests direction from RCBOS, on to how to proceed
01/23/2020: RCBO requests direction from RCBOS, on how to proceed.
03/30/2020: RCBO requests direction from RCBOS, on how to proceed.
Russell County Building Department
137 Highland Dr.
Lebanon, VA 24266
Phone: 276-889-8012
Fax: 276-889-8009
[email protected]
Mickey L. Rhea ~ Building Official
2"! NOTIFICATION
Sune 19, 2019
Warren & Leasha Kiser
4478 Red Oak Ridge Rd.
Castlewood, VA 24224
RE: Dilapidated House/Structure
Location: 4478 Red Oak Ridge Rd. Castlewood, VA 24224
Tax Map Ld. # 158 R SB 1831
Dear Mr. & Mrs. Kiser,
This letter is in reference to the above listed property that has been determined to be in
violation of the Russell County Dilapidated Building/Structure Ordinance. An ini
observation on the property was conducted on November 21, 2017. On July 25, 2018,you
contacted this office to obtain an extension of time to complete the remainder removal of
the structure.
Several observation visits were conducted through-out the final months of 2018 and a final
follow-up observation of the property was conducted on February 19, 2019, and per thi
visit, it is my determination that progress on the removal of the strueture and debris,
not been met.
Please be advised that this letter is to inform you that due to the extensive amount of time
given and the lack of significant progress, I will be appearing before the Russell County
Board of Supervisors to present a report on these findings on July 1, 2019 and to also gain
direction from them to initiate further legal action regarding this matter.
Ifyou have any questions, please contact me at my office.
Sincerely,
Mickey L. Rhea
Building Code Official
NAME: MARTIN & REBECCA BELLAMY
ADDRESS: 6594 DANTE RD. DANTE, VA24237
TAX MAP ID. 159 RIC 2253
EVALUATION DATE: 6/27/2018
NOTIFICATION DATE: 7/5/2018
PUBLIC NOTICE: 08/08/18-08/15/18
PROPERTY OWNER RESPONSE No Response
1/4/2019 CBO and his office have exhausted all notification efforts in contacting Property
Owner
2/13/2019 _RCBO requests recommendations from the Russell County Board of Supervisors on how
to proceed
03/1519 RCBO requests recommendations from the Russell County Board of Supervisors on how
to proceed
4/1/2019 RCBO and his office have exhausted all notification efforts in contacting Property
Owner
5/23/2019 RCBO requests direction from RCBOS on how to proceed.
6/19/2019 _RCBO has not been able to make contact with property owner and asks the RCBOS to.
advise on how to proceed from this pointforward.
09/25/2019: CBO has been unable to make contact with property owner and asks the RCBOS to
advise on how to proceed from this point forward.
10/29/2019: RCBO has been unable to make contact with property owner and asks the RCBOS to
advise on how to proceed from this point forward.
11/18/201
RCBO requests direction from RCBOS, on to how to proceed.
12/19/2019: _ RCBO requests direction from RCBOS, on to how to proceed
01/23/2020: RCBO requests direction from RCBOS , on how to proceed.
03/30/2020: RCBO requests direction from RCBOS, on how to proceed.
NAME: TIM & RENDY HALE
ADDRESS: 192 LOWER BEAR WALLOW RD. DANTE, VA24237
‘TAX MAP ID. 159 R2189
EVALUATION DATE: 6/22/2018
NOTIFICATION DATE: 7/5/2018
PUBLIC NOTICE: 08/08/18-08/15/18
PROPERTY OWNER RESPONSE 7/25/2018
7/25/2018 Ms. Hale contacted the RCBO, stated that she was working on cleaning up property
Due to work and trying to find assistance in hauling/removing debris, the remainder of the cleanup.
10/26/2018 —_RCBO granted a 30 day extension to continue to work onsite.
12/3/2018 Ms. Hale contacted the RCBO, requested an additional extension to continue to work
on the site. RCBO, Rhea, granted the extension,
2/19/2019 Follow-up visit conducted by RCBO, progress appears to have ceased. RCBO is set to
appear before the Russell County Board of Supervisors, to present findings and discuss further actions
to be taken by the county. Follow-up correspondence has been sent to property owner, via certified
mail.
2/25/2019 —_Follow-up notification letter was returned to the RCBO , stating owner had movedand
no forwarding address was available.
4/25/2019 CBO requests recommendations from Russell County Board of Supervisors on how to
proceed from this point.
5/23/2019 _RCBO requests direction from RCBOS on how to proceed.
6/19/2019 _RCBO has been unable to make contact with property owner, RCBO asks the RCBOS to
advise on how to proceed from this point forward.
09/25/2019: RCBO has been unable to make contact with property owner, RCBO asks the RCBOSto
advise on how to proceed from this point forward.
10/29/2019: _ RCBO has been unable to make contact with property owner, RCBO asks the RCBOS to
advise on how to proceed from this point forward.
11/18/2019: _ RCBO requests direction from RCBOS, on to how toproceed.
12/19/2019: _ RCBO requests direction from RCBOS, on to how to proceed
01/23/2020: _ RCBO requests direction from RCBOS, on how to proceed.
03/30/2020: RCBO requests direction from RCBOS, on how to proceed.
Library Board of Trustees Meeting
Members Present Members Absent
Judy Ashbrook Yvonne Dye ‘Ann Monk
Susan Breeding Karen Herndon Sharon Sargent Sherry Lyttle
Karen Davis _ Sharon Van Dyke
Chair Karen Herndon called the meeting to order 16 June 2020 at 5:02 pm.
Minutes: Judy Ashbrook moved and Sharon Sargent seconded a motion to approve the May
minutes as corrected and distributed; motion passed.
Communications:
Financial: Susan Breeding made and Ann Monk seconded a motion to approve the bills; motion
passed.
Staff Reports: Kelly McBride Delph reviewed the Programs and Director’s Reports.
Unfinished Business:
New Busine:
Board reviewed Friends Policy seeing no changes needed.
Review and Summary:
Sharon VanDyke made and Karen Davis seconded a motion to adjourn.
Respectfully submitted, Kelly McBride Delph
DICKENSON COUNTY:
Mr. Damon Rasnick.
Mr. Ronald Peters.
CUMBERLAND PLATEAU RWMA:
CUMBERLAND
PLATEAU,
Mr. Toby F. Edwards, Executive Director
BUCHANAN COUNTY:
RUSSELL COUNTY:
Mr. Earl Rife
Mr. Jeff Cooper ‘Mr. Carl Rhea
(Mr. Tim Lovelace
Agenda
L. July 16, 2020 CPRWMA Board of Directors Roll Call for Quorum.
Il. a) Approval of Minutes of the June 18, 2020 meeting…s…
Motion: Seconded:
IL. Administrative Business
a) Review CPRWMA Waste Stream Report May 2020…
b) Approval of the Treasurer’s Report for the month of June 2020…
c) CPRWMA Attorney’s Report for June 2020.
d) Litter and Recycling Report.
IV. Old Business
a) Users Agreement with the Member Counties…
Motion, Seconded:
V. New Business
a) Light Bids
Motion: Seconded:
VI. Correspondence
a)
Vil. Adjournment and Next Meeting.
Chair or Vice Chair conducting the meeting:
Motion:. Seconded:
Minutes submittep,by, 35 id Shanon, VA 24266
Phone 276-833- 5003 Email fobyedwards@bvu, net
www.cprwma.com
®
DICKENSON COUNTY:
Mr. Damon Rasnick
‘Mr. Ronald Peters
CUMBERLAND PLATEAU RWMA:
Mr. Toby F. Edwards, Executive Director
CUMBERLAND
PLATEAU
BUCHANAN COUNTY:
RUSSELL COUNTY:
Mr. Earl Rife
Mr. deff Cooper ‘Mr. Carl Rhea
‘Mr. Tim Lovelace
Cumberland Plateau Regional Waste Management Authority
Monthly Board Meeting Minutes
June 18, 2020
Members Presen: Others Presen’
Damon Rasnick, Chairman Toby Edwards, Director
Jeff Cooper R.J. Thornbury, Legal Counsel
Tim Lovelace Saundra Honaker, Finance Officer
Carl Rhea
Ronald E Peters
Tim Hess (New Board Member for Buchanan County)
CALL TO ORDER: Chairman, Damon Rasnick, called the June 18, 2020,
meeting of the Board of Directors to order at 4:02 PM. The meeting was held in
Lebanon, VA at the Bonanza Restaurant.
QUORUM: A quorum was established, and it was noted that we are within the
10-person limit and social distancing of 6 feet according to state guidelines
because of the coronavirus. Tim Hess was introduced as new Board Member
from Buchanan County who was appointed by the Buchanan County Board of
Supervisors to replace Earl Rife.
AMENDMENTS TO AGENDA
‘The following changes were made as follows:
(1) Move the Treasurer Position (vacant) to the second item just before the
approval of minutes
(2) Move the Users Agreement with the Member Counties to the Attorney’s
Report 57 Highland Drive / P.O. Box 386 Lebanon, VA 24266
Phone 276-833-5403 Email [email protected]
www.cprwma.com
®
Cumberland Plateau Regional Waste Management Authority
Monthly Board Meeting Minutes
June 18, 2020 Page 2
ELECTION OF TREASURER/ SECRETARY
Following the recent passing of Earl Rife, the Treasurer position was
vacant. f “cording to the by-laws, the same person may serve as Treasurer
and Secretary. Motion was made by Ron Peters to nominate Tim Lovelace
as Treasurer and Secretary and was seconded by Jeff Cooper. Motion was
ratified, voting as follows:
Damon Rasnick ~ Aye Carl Rhea - Aye
Tim Hess — Aye Jeff Cooper — Aye
Ron Peters ~ Aye Tim Lovelace ~ Aye
APPROVAL OF MINUTES: The minutes of the May 21, 2020 monthly Board
Meeting of the Board of Directors were presented for consideration. A motion
was made by Jeff Cooper to approve the minutes and seconded by Carl Rhea.
Motion was ratified, voting as follows
Damon Rasnick - Aye Carl Rhea - Aye
Tim Hess ~ Aye Jeff Cooper - Aye
Ron Peters ~ Aye ‘Tim Lovelace - Aye
ADMINISTRATIVE BUSINESS
WASTE STREAM REPORTS - MAY: Toby Edwards reported that tonnage had
leveled off and should start seeing a decline in the next few months. Tonnage
is up a little from this time last year.
TREASURER’S REPORT: Due to the recent passing of Earl Rife, Toby
Edwards presented the CPRWMA Treasurer’s Report for the month of May
2020, reporting the total in the bank was $495,260.49 at the end of May. A
motion was made by Ron Peters to approve the finance report as presented and
seconded by Tim Lovelace. Motion was ratified, voting as follows:
Damon Rasnick ~ Aye Carl Rhea - Aye
Tim Hess — Aye Jeff Cooper — Aye
Ron Peters - Aye Tim Lovelace ~ Aye
Cumberland Plateau Regional Waste Management Authority
Monthly Board Meeting Minutes
June 18, 2020 Page 3
CPRWMA ATTORNEY’S REPORT FOR MAY 2020:
Rebecca Thornbury reported that she and the member county attorneys
are currently reviewing the User’s Agreement and have a conference call
scheduled next week to discuss the document. The Plan of Operations is an
attachment to the Agreement. Ms. Thornbury explained the Plan of Operations
is approved and reviewed by the VDEQ every five years. The next review is in
2024.
Ms. Thornbury also reported that the Board could meet electronically
during a disaster or state of emergency pursuant to the Code of Virginia, In
addition the Governor included an amendment in “Caboose Bill” to expand
electronic meeting capability during the declared Covid-19 state of emergency.
She suggested the Board have a plan in place to meet all legal requirements in
the event it is needed. Comments from the Board indicated there is a system
available to use in such an event.
LITTER AND RECYCLING REPORT: Environmental Days are coming up in
August.
Russell — August 12
Buchanan August 13
Dickenson August 27
Toby will make counties aware of these dates. Toby also asked Jeff & Tim if
they could help with getting Buchanan roadside litter pickup started back.
They agreed to work on that. We need to remember to get each county’s
electronic equipment to add to your recycling tonnage.
QLD BUSINESS
Carl Rhea inquired about what had become of the recycling project that David
Eaton had been discussing. Toby said that could be looked into again if the
Board wanted to do this. It was decided it would be discussed further in future
meetings.
NEW BUSINESS
Cumberland Plateau Regional Waste Management Authority
Monthly Board Meeting Minutes
June 18, 2020 Page 4
There was no New Business presented.
CORRESPONDENCE - VA DEO TRANSFER STATION INSPECTIONS: Toby
Edwards stated all three counties had no deficiencies for this yearly inspection
and have had no deficiencies in the last 16 years. Toby Edwards stated that he
would like to brag on the employees at each of the transfer stations and to
thank the board members for their work and for the repairs that have made
this possible. He recommended that we recognize these employees at the next
board meeting and to have a dinner for them at the Keen Mountain Park at
5:30 pm. It was suggested that the Board present a plaque to Barbara Rife to
recognize Earl Rife’s many years of service. A motion was made by Jeff Cooper
and seconded by Tim Lovelace for Toby to work with Keith to coordinate this
meeting. Motion was ratified, voting as follows:
Damon Rasnick - Aye Carl Rhea ~ Aye
Tim Hess ~ Aye Jeff Cooper - Aye
Ron Peters - Aye Tim Lovelace - Aye
Toby Edwards requested that he be authorized to gather information to
replace the lights with LED lights at each transfer station. He would then
present the cost for the lights and for the installation at the next meeting. Ron
requested that the bidding be made available to all three counties. Motion was
made by Ron Peters and seconded by Tim Lovelace for Toby to gather
information and present at next meeting for further discussion. Motion was
ratified, voting as follows:
Damon Rasnick - Aye Carl Rhea ~ Aye
Tim Hess ~ Aye Jeff Cooper - Aye
Ron Peters - Aye Tim Lovelace ~ Aye
A motion was made by Jeff Cooper and seconded by Carl Rhea to send
the agenda, attached reports, minutes, and finance reports to alll three county
Cumberland Plateau Regional Waste Management Authority
Monthly Board Meeting Minutes
June 18, 2020 Page 5
administrators for distribution to their respective Boards each month. Motion
was ratified, voting as follows:
Damon Rasnick - Aye Carl Rhea - Aye
Tim Hess - Aye Jeff Cooper ~ Aye
Ron Peters - Aye ‘Tim Lovelace ~ Aye
ADJOURNMENT AND NEXT MEETING: The next meeting will be held on
July 30% at 5:30 PM at the Keen Mountain Park. A motion was made by Jeff
Cooper and second by Tim Lovelace to adjourn meeting at 6:05 PM.
Cumberland Plateau Regional Waste
Management Authority
Cash Flow Statement
June 2020
Cash Balance - May 34, 2020
Cash Received - Tipping Fees:
Buchanan (May)
Dickenson (May)
Russell (May)
Dickenson (Jun)
Interest
Cash Expenditures
Cash Expenditures - June 2020
Cash Balance - June 30, 2020
Fund Balances:
(Copital Equip Replacement Fund
DEQC/D (New)
74,072.22
53,196.58
74,622.95
51,996.09
131.35
274,032.49
254,019.19
(166,293.67)
361,758.01
196,228
25,000.00
[Fat in Bank
582,996.01
Cumberland Plateau Regional
Check Register
For the Period From Jun 1, 2020 to Jun 30, 2020
Filer Citeria Includes: Report orderis by Check Number,
Check Dato Payoo “Amount
6/1/20 Anthem HealnKeapers, Ine 787.19 Toby Health-Dental Vision
€/19720 —Caterpliar Financial Services Comp 6,218.75 Loan Payment
19/20 TAG Resources, LLC 204.17 Employee 40%k
6/30/20 TAG Resourcas, LLC 204.17 Employee 401k
12862 615/20 Point Broadband 84.78 Phone DC
12863 6/5/20 Point Broadband 87.88 Phone Office
12064 6/5/20 Fields Restaurants, LLC 148.51 Board Meeting
12865 615/20 Verizon 80.3 BC Phone
12866 6/5/20 WV Tire Disposal, Inc. 1,881.88 BC Tice
12887 /5I20 Verizon ‘88.72 RC Phone
12868 6/5/20 —_Unifirst Corporation 254,55 Uniforms
12069 6/5/20 Pest Control Plus, Inc. 40.00 BC Pest
12870 6/5/20 Appalachian Power Company 362.37 BC Electric
12871 8/5/20 WV Tire Disposal, Inc. 1,480.48 RC Tire
12872 6/18/20 Innovative Technology Solutions 300.00 IT Support
12873 8/18/20 Appalachian Power Company 201.03 DC Utilty
12874 6118/20 Card Services Center 66,50 Postage $7.85
Flowers for Earl $58.65
12875 8/18/20 Appalachian Power Company 277.08 RC Electric
12876 6/18/20 WV Tire Disposal. Inc, 4,479.68 RC Tire
12877 6/18/20 Justice Law Office 1,007.18 Legal
12878 4/18/20 Verizon ‘80.38 BC Phone
12879 6/18/20 Advanced Disposal Services 140,428.23 BC Disposal/Trans $49,277.32
DC DisposaVTrans $30,302.02
RC Disposal/Trans $51,758 69
12860 6/18/20 Honaker Solutions, LLC 750.00 June 20/Accounting
12081 6/18/20 Industrial Development Authority 2200.00 July office rent
12882 6/18/20 Buchanan Counly PSA, 53.12 BC Utilly
12883 6/18/20 Dickenson Co Public Service Authority 36.00 DC Utiily
12884 6/18/20 Central Scale, Inc 800.00 DC Maintenance
12885 818/20 Dominion Office Produets, Inc. 291.87 Suppl
12686 6/18/20 Postmaster 78.00 Box Rent
12887 6/18/20 Carter Machinery Company, Inc 287.99 RC Equip Maint
12888 6/18/20 Innovative Technology Solutions ‘562,50 IT Support
12889 8118/20 Clintwood Lumber and Supply Co., Inc. 16.55 DC Supplies
12800 61820 Pest Control Plus, Ino. 80.00 DGIRC Pest,
12001 728/20 Verizon 86.07 RC Phone
12882 6728/20 Point Broadband 87.88 Office Phone
12893 629720 Point Broadband 84,78 DC Phone
12094 6128/20 Dominion Office Products, Inc 185.89 Supplies
12895 6729/20 Mansfield Oil Company ‘54.88 Vehicle Fue!
7.15.20 6/30/20 United States Treasury 1,878.6 Federal PIR Taxes
7.27.20 6130!20 VA Dept of Taxation 274.58 State Withholding Taxes
PR6120 6/1/20 Ronald E, Peters 184.70 Directors Compensation
PR6120 6/1/20 Damon Rasnick 184.70 Directors Compensation
PR6120 8/1/20 Tim Lovelace 184.70 Directors Compensation
PR6120 6/1/20 Carl Rhea 184,70 Directors Compensation
PR6120 211/20 Jotery 8. Cooper 184.70 Directors Compeneation
PR61520 6/5/20 Toby F. Edwards 2,989.72 Salary/tet Half
PR63020 © 6/30/20—_Toby F. Edwards 2,389.72 Salary/and Half
Total 166,203.67
71172020 at 10:38 AM Pago: 1
CUMBERLAND PLATEAU REGIONAL WASTE MAWAGEMENT AUTHORITY
FY 2020 - OPERATING BUDGET & EXPENSE REPORY
Engendiurer CAO
Nava FST BITTE Hae
[Direct Expenses:
[Transpor/Oisposal EUSA COSTE RE NSTTETS 3482 99300
ice Recycling 953.00 45204)" 4361645, 45,000.00
isz9635 | 14501027 | yeez.c077i 3.527,992.00
[Overhead Expenses: F
Debt Servica- Loaders eas e7ia7s | 7aats 00 75000 00 | sam
lotr Diora a 300.00 | — |
lites: >
Buchanan 70, Fae Tears "06 | aa
Dickenson 0st 737.03 320076 4000.00 |x
ussll 576 37105 5167.63 4.000.00,| 2295
[Suppliers _
Buchanan E Ties 70006 |
Dickenson Ts 2.58025 3500.00/| sou
iste ENTTEZ 3,000.60 [on
rue. A
‘Buchanan Tama, 600 | a]
Dickenson 7828 4,900.0 [26
Russe 2664.74 5700.00’| «7
Frelephone: z
‘Buchanan Toe wae 206.00 | an
‘Dickenson 169.56 T1530) 3,300.00 [ion
Russell ise 579 74504 4,500.00 | 100
station Risintenance/improvementsr
‘Buchanan FEI} 0 | 3380.00 310006 | ae
ikenson 3035 610.60 | a. 73035 30,000.65 | — sen
ussel 200 40.00] 2am. 30,600.60 | ~ se
Loader /églp Malntenancer °
Buchanan a7 “15,500.00 | a |*Nanagement eikdona
iekenson 75,601.05 16,900.00 [eu foby Heats aaa]
Russel ram 3aa5 | 19,108. 37,300.00 |” Foby Salary 7123.83
[ineshitd RepaRan 30705 [Toby Taxes 5363.24
[Transfer Station Permits and Managements ri [41x cast Contiotion cora.n}
[station Permits 1965.00 73,000-00 | Tanefconsut 200}
'VACO Insurance 2036.0, 13,642.00 5 q
[Monayement a erage aes wast] oar 99,700.00 | “sse|conterence 09
Finance Morag 750.00 730.0, 911000 9,100.0 | soo sua]
ga PEOALS TOOT Tata 0,000.05 CAOLOULA
fr supaae —sisar 35250. ECO “00.00 |—sasn| TaN
otice RetaVnternetCelVotte
[supplies 31956 939.64 521012 5960.00] ml 21015,
aa COMP PNT PEE 107650 | ——~“is 50.60 306.00] ~ioe]  ass016
restora Feet (RR) 375000) 3:50000-| iors | OMe Branko
[ectng pense ELE ‘3.71806 "3551.00 | soefhhonerat TET
raved 3,200.4, ,000.00,|"i20e}fent 2400,
co waar EC as 700.00,|— ek fPostage 39055
(oves/beenie 225.07 353.00, 410.00-|iiorfoffie sup 32461
ehcp om Se TES Oe 0.00 | are Funeral 85
[Uniform Rentals 703.03 FEES 3.00032 3500.00 |r snou
[Advertsing EXER “38.08 | Ta
eserves/eqvip/ Emergency
rune : 4,338.00 | ox]
[Roce Repar oftware Updater
Money contbuted from CPRWMA,
spel Fund 8410.2 73:822.00 |_108|+*ttonay contbuted by CPRWMA end
VENEAD SUBTOTAL ESET ERIE MEST ASEETY 527,922.00 | Jaded to Appropated Budget
{ora epENSS, Tian |e |e SAEATOR
Currant ate
‘Ovarhaal Rate per County rents
USER AGREEMENT
FOR
SOLID WASTE DISPOSAL.
THIS AGRERMENT, made and execited thisthe___——_ day of
bhy and between the COUNTY OF DICKENSON. Virginia, the COUNTY OF BUCHANAN,
Vinginia, and the COUNTY OF RUSSELL, Virginie, political subdivisions of the
COMMONWEALTH OF VIRGINIA, hereinafter refevred 10 as “Users,” and the
CUMBERLAND PLATEAU WASTE MANAGEMENT AUTHORITY, a body politic and
subdivision of the COMMONWEALTH OF VIRGINIA, an Authority
pisiant to the Virginia Water and Sewer Authorities Act,
corporate and a polit
created by the atonesaiet 0:
hereinafor vefersed to a5 “Authority.”
ARTICLE I~ BASIC INTENT AND PURPOSE
1 This Aureement is entered into as authorized by the Virginia Water and W
er the “Aut”,
Authorities Act, Va, Cove Ann, § 152-5100 et sey. (here
9 The Authority has all the powers rights and duties as described in the Act and as
specified in ils Articles of Incorporation aud may exercise the same in the
verformance of its fimetions as set out in the Act
The poxpases For which the Authority was created are 10 acquire, purchase, lease
twaintoin and finance a
a lessee, vonsteuct, reconsttuet, improve, extend, operat
Garbage and Refuse Collection and Disposal System, as tat termy is defined in the
Act, within, without, oF partly within ond partly without the Counties of
Buchanan, Dickenson and Russell, Virginia

‘The Authority, subjett to the terms and conditions hereinafter set out, desires to

vain sanitary and envirounsectally sound Disposal Systea (hereinafter
defined) and for and by such Disposal System 4
Disposable Solid Waste (as the term is defined hercia, and hereinafter referred to
a5 DSW) of he Users

the Users, sutyeet co the ferms and eonaitions hercinaner set out, desire 10 use

‘cept nd dispose of the
the Authority’s Disposal System for the disposal of DSW generated within,
collected by, oF otherwise under the control ofthe User
USER AGRE
Page {1
6 The Disposal System shal! be establishicd, operated and maintained sn accordance
with the Authority’s Plan of Operation, attached hereto and made a part hereof,
Which is intended 10 be effective upon the date of execution of this Agreement,
cd by the Autho
ard whet may be am ty from time to time.
ARTICLES II ~ DEFINITIONS
1 Disposable Solid Waste dheseinafier DSW) ~ Any Solid Waste other than
Jlazardous Waste, specifically including Processible Solid Waste, Special Waste
icesathle Solid asta
ovmoed, as Sei foith in te Pa of Operation) and Non-P
(a such terms are defined in the Plan of Operation).

Disnosa System ~ All those facilities owned, leased or operated by the Authority

Aesigned (0 vollect, manage and/or dispose of Solid Waste and those designed to
accomplish recycling and/or volume waste reduction by methods other than
USW; and dhe fand, stuctures, vehicles and equipment for use in eannestion
therewith
7) Hazardous Waste ~a Solid Waste or combination of Solid Waste which, because
1 or physical, chemical or infectious characteristics
cof ies quantity, concent
tay: (a) eause or significantly contribute to an increase in mortality oF an increase
1m serious irreversible, or incapacitating reversible, illness; or (b) pose a
sihstantal present oF potential hazard to bunvan health, the Disposat System, or
the enviconment when improperly Weated, stored, transported, disposed of or
‘otherwise managed. ‘The foregoing definition 18 intended to include any waste
now oF hereafier designated 9s ‘hazardous’ by State or Federal agencies
Uincuding the United States Environmental Protection Agency) with jurisdiction
and uthority to promulgate ond enforce rules anu regulations forthe handling and
disposal of hazardous and other wastes.
owning Waste ~ (a) Any waste excluded Irom the definition of Solid
Waste and (b) Special Waste (as detined in the Plan a Operation) which in
been approved iy the Authority,
5 Plan of Operation ~ A plan adopted by the Authority, as amended or
supplemented, setting forth the types of mirecial acceptable to the Authority for
?
USER AGREEMENT
Page 2
disposal, the tim ces where material will be received by the Authority



methous af collecting Fees charged by the Acthoriy for disposal service, and
other information as will describe operatienal procedures, control use of the
Disposul System and provide justsvetion and gaidctines to users of the Disposal
System,
Solid Waste ~ Any gsrbave, wash, brush, refuse, sludge (a5 defined in the Plan of
Operation) and other discarded material, fucluding solid, fquid, semi-solid or
contained gaseous material, resulting from industrial, commercial, mining and
agricultural operations and from community setivities and residences, but does
nat include: (i) solid and dissolved materials in domestic sewage, (ii) solid or
discharges which ave
sissolved mare
sources subject 1 permit from the State Woter Canteot board: (ii) source, special
s defined by the Federal Atomnie Energy Act of
in icrigation return flows ov
nuclear, or by-product macerial
1954, as amended; (iv) 49 the extent such Sold Waste is transported from the
Transfer Stations to any landfill operated by an entity other than the Authority,
and oti er materials noc alowed under the pennits, ticenses and approvals relating
{9 such landfill; or (¥) asbestos,
“Lippng Fee ~The charge made by the Authority lor die disposal of DSW (asset
forth in the Plax of Operation). The Tipping Fee shall be caleutated by
detennining the total of (3) the disposal fee charged by wny fandill eparator with
whom de Authority may contract for the ultimate disposal of any Solid Waste
‘elivered hereunder; fb) the amount of principal premium, if any, and iaterest or
any offer amounts due, or fe become due, with respect to any indebtedness of the
Autiorigg or required to avoid w default with cespect to suc indebtedness; and)
all expenses of the Authority relating to the operation and maintenance of the
Dispos S att oy bust app
Poord_eaetnding administrative costs. defined
low) including, any’ reserves
This amiowot shall be divided by the tonnage projected to
Disposal Syst
requiced by Author
ach
bo aece ver ton to he ck
‘The ting ns Foe is the same for all thice member comnties per the eompones
this_puragrayh However, transportation ests tur eagh weanler ove
afer station to Ue land,
termine by wi
se from the vou
USER AGREEMENT
Page 3
Stun
(Detewase
fotewara
[ated
( Datet
(commen is
ommontfte2}: Everyone Te
price prt
‘ott hd lot econ the
acu east for epesa oe
“Maat
Is bse on cu erent
rent (Red Alves hav
png fee sod trasparation
ishased gn mileage om thee
ot he a
9 crt ass
(Formatted: Uiicine J
oraotods Font Tiros thew
Me unis 2, gal
(uly lot ils tnuyportation co
wtliesity il iuverigy eel cous oe
u * Roman 12 pt j
The parties agiee to annually review the consponent costs making up the tipping * " (eorrsigcy rout Tomes New|
fee to make appropriate anual adjustment to said tipping feg The yomaat | Roman, 32
Frormated numbered + se
1 Nombenng se 23. =
Surat t= signet te =
tiga at O75 Taba
sors of each
shot €9 the approval af the, Bosal of Super
sslhosied py
rit
8 Administrative FeeThe Authority has administrative costs that include items in “i | «inden at: j
eects Aur ical ite ht tap he Author Boar Covent (14 0 nen ie
Fangunge tobater capture the teas
Included the adnate cot,
sr thove coud charge anual and
slo temzed inthe budget.
Bac au
snplayees, Jeual costs,
anol wil pesca its poopie! Line fas
she upeuouny year ty the member County Adimuystyotors mutually Gaaidiacteanir |
Muck 1S 12 be mcluded in cael County Board of Supersisor’s nest vonthl + poinan 22 pt i
Forenatied.Frot Fines ie
Auman, 12 pt
weting agenda for
‘The total monthly advainistrative costs of the Authority
shall be divided equally”
ltt
among the Uses and paid thrangh monly woes submited to the Uses by the + PES aan
Authority Formatted: Font tes thew
Romo tpt
Comment {e5:Howds oncde|
I Stppor, Advernerent,
«| amorayvehudeaintence,
TICLE 11 VacOintrancetoie tee |
"hs Agenet cl cnet pains ecndersalcannese on tmewerecne™_|
‘¥ sbout June L, 2020. This Agreement shall be binding upon the paris, pe eee rosowel |
‘ccmumencing upon the execution hereof, and extending for a period of one (1) year. ee
sts bw ppd Ls th Shyintng tte |
ot lu.the end of the one year jerm, ons ful estesis
: te Usetond the Authowty Bou, anne
ARTICLE IV - DELIVERY CONDITIONS,
The Users hereby agree o deliver or cause to be delivered to the Disposal Systern
in accordance with the Plan of Uperation substantially all (atleast 95 percent por
year) of the DSW which is generated or collected by or within or under the
ua eapboees, lel cos
[Formatta
coniot uf cach af the Users fio the effective date of dis Agreement. Each of the
Users will also use best efforts to enter into contractual agreements with each 5 f
locality, yoneratar and commercial hauler of DSW in theic respective counties for
[Deleted aitatosaieali rere
Fovsubscquse pen of sstel
their use of the Disposal Syst
vs and conditions of this Agreement and the Plan of Operation,
by agrees to receive and accept all DSW deliveced to the
Dispesal System by each of the Users afler the effective dave uf this Agreement
unc throughout the weamaining tem ofthis Agrezntent,
‘The Authority shall provide one or more Transter Stations to each of the Users for
the disposal of DSW. The location of all Transfer Stations shall be specified in the
Plow of Operation. The Authority shall have the right to designate a separate point
oF points of delivery for any graves or categories of DSW which in its opinion
require special handling oF methods of disposal
‘ne Users hereby agree not ty build or, to the extent of their legal authority, allow
fe built any facilities that would compete with the Disposal System during the
duration ofthe term of this Agreement.
ARTICLE V~ CHARGES AND FEES FOR USE OF
AUTHORITY DISPOSAL SYSTEM
The ses age yt the Ary i andthe cags seo
byte Autosy’s Geof Die conlies with Ya. Coe aan
{tieuijours yoimtatistine orem vite Hier
ape comply § 132-196 whe ig ty nan te gs Te
Acthority may, but is not obligated to, establish individual fee schedules for
various types of users and grades a categories of DSW which require special
ising thos of io tis dort itn te pres a
Authovity may establish a special schedule of fees, at is sole discretion, for
individuals whe may deliver Household DSW (us defined in the Plan of
ned automobile or a tow
Operatio:s to the Authority for disposal in a privately
side pickup. Each ofthe Users shall hove the right to set the Fees to be charged to
the public at each (ansfer station in their espective county for the disposal of
psw.
Live Authority shall mvoice each User for dhe Tipping Fees on a monthly basis
(ihn ten (10) days after the end of the monti), Such iavaices will show the
‘otal tonnage received by the Authority atiributable to the User during the billing
USER AGRELMENT
Page 15
-prior language
Users
pay
ree.
chy “fers
vised of all DSW. Suet invoices shall be due and payable without offet within
Thinty (30) days ofthe date ofthe invoice
The DSW delivered to the Disposal System will be weighed for the purpose of
J, Fractions uf tons actually received shall
determining the uetual tonnage rece
be invoived on an accumulated basis each month, In the event of malfunction of
the Authority’s weighing scales or other measuring device, an estimate of the
amount of DSW received wil be computed based on the average amount received
per vehicle, when dumping records for such vehicle for the six (4) months
immediately preceding are available, ar when such records are not availabe, will
be computed based om the averay
amount received por vehicle of ike size andor
compaction ratio,
“The Authority shall keep proper hooks ond records in accordance with generally
principhos which shall he avnitoh?» fox inspection by the Hser
able tin es
psn
cn the Users ptirsuant to this Agreement is subject to approval by the
has provided adoquate docomentyien 19 demonstrate
1 §159.8136
ARTICLE VI-TITLE TO SOLID WASTE; LIABILITY FOR SOLID WASTE
1
Title (6 all DSW delivered to the Disposal System by each of the Users shall pass
to the Authority when recorded by the Authorty’s weighing scales or other
CEPT that title to Hazardous
measuring devices at the Auhorty’s facilites,
‘Waste and Non-Conforming Waste shall not vest or pass to the Authority, even if
Hazardous Waste and Non-Confarming Waste is delivered to and unknowingly
spted by the Authority. Inoperability or unavailability of the Authorit
ricasuring devices shall not alter the transfer of title to DSW delivered to and jy
Wve
Remar,
+5
in okigite
Saal al
wi
feb
removerl
: K The lser, Further
pled by the Authority agrees to join
In the event that Havardous Waste is wadvertenily 0: unknowingly delivered wy HH the wichorrty
e 0
any adverse
indir accepted by the Authority, ifs wndertond and weed between the parties
lina fability for any environmental contamination, adverse effects, penalties or
Pape 6
chim to
owners"?
pss
ul necessary costs of eniicetion, 1
sn dois
ARTICLE Vil= DEFAULT i
damages resulting from,
Ve U eas by amy regutatery node » with ae
. Inthe event of default, the non-defaulting party shall have the right, but not the
‘obligation, to cure such defauit and to charge the defaulting party for the cost of
curing said deta, al to ban reimbursement thereof.
Upon the oecurtence of a default by the Authority hereunder, any of the Users,
after yiviigs vutive uf such defauit fo the Authority, may tring appropiiats feyat
proceedings to require the Authority to perform its duties under the Act and this
Agreement arto enjoin any acts ia
‘Upon the occurrence of a default by any User, the Authority, afer giving notice of
sich default to all parties, may’ briny appropriate legal action to require the User
(o perform its duties under the Act and this Agreement or to enjoin any acts in
WUE 19 the Authorty sta
lation of the Act or this Agreement
violation ofthe Act or this Agreement, 1s.
he User writen notice of th
ult and prove: eb sod let,
‘No remedy an this Agreement conrerred upon or reserved to the partes ts intended
to be exclusive of any other remedy, and each remedy is cumulative and in
setiona Hees the Authority amu
thay (35) diys wren
alton to ever ter emo given unde his Aaremen of go or heater
ti ment
exiatine as prvitea by tow, QOS at Law jth equity ot by
ARTICLE VIN-NO PARTNERSHIP
between the
to constinute @ joint ventu
Mothing hetein sball be eons
tion ofa partnership
Authority and the Users or the for
ARTICLE IX~ FORCE MAJEURE
fi
‘or cause to be delivered DSW. or inability of the Authority to accept DSW, by
the Plan of Operation) shall not constitute
ae wf any pany iu perforin hereunder, inchaling flue of any Lser iu delves
«euson of Force Majeure (as defined
a default or be cause for termination of this Agreement, However, the party $0
USER AGRE
Page |7
MENT
u
Statue.” —” above.
feo “shall be
ort User"
and ‘removed
ats indemnity Hause
whereby User holds
Arelhosity haceless
enol indents
ither, remo
fi at A tcl
re Mireor
as emnity
«facta a 20 to
bub nokgiven to
2
ing tu perform shall immediately notify the other party ofthe faire, including
reasons thereof, and shall raake reasonable efforts to correct such failure to
perform a the earliest possible date.
If, by reason of Force Majeure, the Authority cannot accept DSW atthe “Tronsfer
Station located within the User’s region, the Authority shall immediately provide
for and notify the User of an alternate delivery point(s).
Solely in the event that no fecilities of the Authority are available for disposal ol
igation, to dispose of ar cause to
he
(DSW the User shull have the right, but not the o
be disposed of OSW at locations other than the ‘Transfer Station located withit
User’s region until the cause of the Authority’s inability to accept die User’s
DSW is cured, but not thereafter
ARTICLE X— EXTENT OF AGREEMENT
iis Agreement, together with the Plan of Operation, represents the entire
cayfeement between the parties hereto and supersedes all prior neyotiutons
nls, either written or oral This Agreement shall not be
representations or agrees
modified, altered or amended unless in writing and signed by the parties.
ARTICLE XI GENFRAL
th the event that any provisions of this Agreement shall be held fo be invalid, the
‘emaining provisions shall be valid and binding upon the parties
One oF nore waivers by either party hereto of performonce of any obligation
and/or covenant hereunder shall not be construed as a wativer of subsequent
nt
breach of any obligation and/or cove
Neither the Users nor the Authority shall delegate or assign duties under this
Agreeinent without the written consent ofthe other,
‘The consuuction and performance of this Agreement shall be in accordance with
the laws of the Commonwealth of Virginia, 1s isu event of dispute beter. th
Ye ene for resOItOR OF Mae Mas sn
Circuit Court of the Uvor. In te event a dispute between the Avthori
for mor, Users wes or a dispute occurs between or aiiony Users, the Cinet
USBR AGREEMENT
Page '§
Judge of the 2" Iudtcial Civrw oll deteamive she wae and app mint a judge to
dear the e250
5. Any natices hereunder shall be in writing addressed to the party av set forth below
or at such other addiess os anny be dl
h
hush event th Author ifag an adits fe
snob awit of gad fsa seat
the he (3) nembuc co
sole ofthe Authority Bend
! fiscal yew and at the
1 WHTNPSS WHEREOF. the paris here have caused this Agreement to be
popiy enectted and attested by duly authorized officials 2s of this the day of
2020
Waste Manavorpent
hy (SEAL)
CPRWMA Chaieean, Damon Rasnick
P.0. Box 346
Let
Telephoue (276) 863-5403
Fay. (276) 889-8011
ATES!
__(SEAL)
CHINA Secrctary. Catt Rife
APPROVED AS TO FORM ONLY,
a - ISEAL)
Philip justice, Esq
‘Counsel for the CPRAWAMA
COMMONWEALTH OF VIRGINIA,
AT LARGE, 0 wi
USER AGRLEMPNT
Poge 19
=
itspopasa seul badget ft ie
‘psig esr emt
Coucy Anse vans
‘reo be net ci
Hee fox peng contrat was subscribed and acknowledged before m LAtsnich, Chaurmaa of the
| CPRW MA Hoa, Earl Rife. Secretary ofthe CPRWMA and Plulhp Justice, Counsel for CP/WRNA this
ee day of 202018 County. Va.
in. County Hoard of Supervisor
by. (SEAL)
Tosi Evans, Chairman
P.O. Box 1098
inwood, Virginia 24228
‘Telephone: (276) 926-1670
Fax: (276) 926-1649
APIESE
__{SEAL)
ra. County Adminstrator
APPROVED AS TO FORM:

a (SEAL)

Bud Phillips, C34.
County Attorney of Dickenson County, Va.
COMMONWEALTH OF VIRGINIA,
AT LARGE, Wit
knowledges before me by Jost Evuns, Chairman oF the
tie Bickewson
ot
The forcgomy, eootesct was subscibed
ekenson Conny rinarl at supervisors 4 David Moore Jr Comy Adan
County, Var and ud Ptatips, County Attorney of Dickenson County. Va, this the _
202019 County, Va
YPUDLIC
USER AGREEMENT
Puye | 10
Mj Commission expe
ay Reogistroven dis
Buchanan County Board of Supervisors
By_ —
Chai Stiliner, Chauman
P.O. Dravver 950
Grundy, Va, 24614
“Telephone: 276.935.6503
Fax: 276-935-1479
ATIESL
Robert Craig Hora
County Aduninisteater
APPROVED AS TO FORM:
(SEAL)
Lawrence L. Maise I, Esq,
ounly Attorney
COMMONWEALTH OF VIRGINES,
AT LARGE, to wit
‘he foregoing contract was subseribed and ncknovtedged belore me by J. Carell Branham, Chaim of
the Buchanan County Board of Supervisors, Robert Craig Hon, County Adiinsteator and Laverenve 1.
Moise Il, Coumy Atomey this the day oF 2020 in
Couns, Va
USER AGREEMENT
Page|
NOTARY PUBLIC
My Commission e\pires
My Registration # is
Russell County Supervisors
By, _
Rehesea Dye, Chairman
137 Highland Drive
Lebanon, Va 24266
“Telephone: 276-889-8000
Fay’ 276-889-8011
Lome Lester
County Adminstrator
APPROVED AS TO FORM,
(SEAL)
Katie Patton, Lisa,
‘County Attorney
COMMONWEALTH OF VIRGINIA,
Ane foregoing conbeet was subscnibet and acknowledgel! belore we by Rebecca Bye, Chai
Russell Couns. Haul of Supervisors, onze Tester, County Administer and Katie Pat
mounts: this the of 2020i0 County, Va
NOTARY PUBLIC
{ Coanomason aap,
Mo Regictntion a
USPR AGREEMENT
Page| 12
Page 4: [1] Deleted 11242014-pejast 3/5/2020 10:22:00 AM,
the following items: salary and fringe benefits of Authority employees: legal
costs; and hookkeeping costs. (ci)
Lee Moise "5/5/2020 11:40:00 AM
Font: Times New Roman, 12 pt
© Page 4 [3] Formatted ‘Lee Moise 5/5/2020 11:40:00 AM
Font: Times New Roman, 12 pt
Page 4: (4) Formatted, ~ Lee Moise
Normal, indent: Left; 0.75", No bullets or numbering
Page 4: (5j Deleted 11242014-pejast 3/5/2020 10:38:00 AM
all automatically renew for subsequent period of same length as the initial term
unless either party gives the other written notice of termination at least thiny
(30) days prior to expiration of the current term.
"006’2$ jJe1sU! jex01,
‘sqy8i)/s5 40 UORe|}eISU
“2uj ‘uoRONAASUOD UOsIapiy
*panjadad Sem Uo},eI|e}SU! 40} pig auo AU
“GING 338M 009 e 0} yuajeninba 148i,
G37 2 Uo payonb syappiq |iy *s148M 37 431M sqing juaasaion|d Susie ayy ade\daJ 0} aq pinom S343]
Suo}e3s J9ysues, jJassny pue UosUEy1q ‘UeUeYong
514817 405 spig
vINMUdo
wiyeitonuse _h0ke&ale 5,
From: Austin Patrick - Abigdon VA [email protected]
Sent: Thursday, June 25, 2020 2:44 PM
To: [email protected]
Subject: LED High Bay Quote
Attachments: EZ Install_Linear_High Bay Sell Sheet (1),pdf
Hi Toby. Attached is the light fixture we recommend for your application. Itis linear rather than round like the others
you mentioned. They also allow for more mounting options than a round fixture such as flush-mounting which may
come in handy since you are replacing T8 fixtures. Your price is $125 each before tax. Give mea call if you need
anything. Thanks!
Austin Pat
This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain
information that is confidential and protected by law from unauthorized disclosure. Any unauthorized review, use,
disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail
and destroy all copies of the original message.
E Ee ADVANTAGE _
v Complete linear LED High Bay solution ¥ DLC Premium 130 LPW
replacing 250w-1000w HID
¥  EZto install lightweight design allows for “2
v_ EZ Install by suspension, pendant or surface handed” electrical connections
mount ~ Brackets included!
¥_ 0-10V Dimmable [ETi Order # xxxxxxxx ] BBU
Y_ Pendant/Flush mount Bracket enables wiring Ready (ETi #70112201)
ithout physically supporting fixture!
bidiliatae ian calal bible 'V_ Shatter resistant PC tens built with tow glare
Tandem brackets available for longer linear diffuser to reduce risk of forklift injuries
configurations
MOUNTING OPTIONS
3-Way EZ Installation! Included Mounting Hardware:
sy AA =}
———
1 a "
Bae
Tandem bracket .
Tandem Bracket
rol neluded
Features & Specifications
Surface Mount Suspension Pendant” bial

Wide 100° beam angle» 120-277V © >80CRI + 0-10VDimmable » Temp rating -40°F - 113 °F
© L70>50,000 + 5 Year limited warranty

Customer service
185
tier:
{920 12,000 Lm, 50240161 26°x 12.6" 1000 Lr, 60260261 20" 32.6" ow 26,000 Lm, S02e0161 33" 12.6"
Pectaces 250-1000 410 Replaces Good Replaces »c00w Ha
PART NUMBER GUIDE
CATEGORY size LUMENS: crt cer OUTAGE DIMMING
HBL | - - a 8 -| SOK |- MV -| LvD
PRODUCT/SKU DETAILS
(GENERAL SPECIFICATION:
Voltage re0-27HvAe Frequency 0/0 He cy a
Power Factor 28 Ho 20% Rating ETL Damp
Temperature oH Lite 5,000 bs, Warranty SYear Limited
ORDERING GUIDE
te nou Product case
ode _Descreion Aaplaces Vints_Lumans LPW CCT cAI _Yloge Producti, ‘Wight Fath
ie Sec er ghBay Hw, 2D.LOO0 ;
sano Eiiheset a 92 m0 BD Sto OATV x TRaz tin 7O.De
sozcasy ZvsinSenes Lee NO ype a8 NOT 2xi6x2im 1316 1
ibe resco arn, ;
Fane tera ‘oviid S MD HK BY MIN 2b? 958 3]
PACKAGING SPECIFICATIONS
Shige
Ingercarte narcaton shint/Maser—shiperfMuster ‘Ea
atu Most ure vee Simensons "Wash cance Simeaane ‘Color caht ‘ec
EBON sso econ SaLNATAO HeniSxtin 88s BOAIBGEhI® sR
IEC MSS: en) engnnD SHMATONUS —D4ERIBxein 88s BedatBGedd BB
tec saes-
aa Sac) esd SOUND SSAKISEsLim, M6 BAKER Hae
NorthAmerican Headquart
770 NerthaelaParh vay
(esting 0000
‘VIZ LSC _ weve
oe BRISTOL, VA 24203
QUOTE
EE, Listthouse avy bate | ESTIMATE NO
Be SE Sipe. — 776-642-0086
6232020 | 06192567
NAME / ADDRESS Shp To
CUSIBERLAND PLATFAU WASTE AUT CUMBERLAND PLATEAU WASTE AUII
P.O, BOX 386 135 HIGHLAND DRIVE
LEBANON, VA.24206 SUITE
LEBANON. VA.24266
em DESCRIPTION ary | EAcHPRICE| — ToTAL
cory NOVO LIGHTING 200 WATT S000K BLACK LED 35 125.00 795.007
ROUND IIL
NUVO 65 186
VIRGINIA FXEMPT 0.00 90
TOTAL $7.095.00
Web Site
wow lighthousesuppls.com
NUVO 65-186
LED UFO MIGHBAY -2o0W S000K
Copynge 2020 Satco Products Inc
‘MI ighis Reserved
For More laornaton Visi,
aus se sntco.com
———
= oo
Height (in)
ave 2
_ =
OHS Compliant
Warranty 5 Year Lined
9000
FERGUSON | WOLSELEY
Phono: 423-282-4955
FERGUSON ENTERPRISES LLC #56
1000 QUALITY CIRCLE
JOHNSON CITY, TH 37616-vo00
Fax: 423-202-8004
Kistina Jennings
12:36 00 JUN 22 2020,
FERGUSON ENTERPRISES LLC #20
Price Quotation
Phone 423-282-4955
Fax’ 423-282-8004
Page 1 of 1
Bid No: 8760077 Cust Phone: 276-883-5403
Bid Date: 06/22/20 CASH ON DEMAND.
Quoted By: KXI
Customer: CUMBERLAND PLATEAU WASTE Ship To: CUMBERLAND PLATEAU WASTE
195 HIGHLAND DR 135 HIGHLAND DR
SUITE C SUITE
LEBANON, VA 24266 LEBANON, VA 24266
Cust POH; LED UFO HIGHBAYS
Hom Description Quantly Not Pelco UM Total
SPses 16 TED UFO TIGHBAY 55119000 EA 6545.00
36545 00
$621.78
$0.00
$7106 78
‘Quoted prices are based upon receipt ofthe total quanly for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE
AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE, QUOTES FOR PRODUCTS SHIPPED FOR RESALE
‘ARE NOT FRM UNLESS NOTED OTHERWSE,
CONTACT YOUR SALES REPRESENTATIVE IMMEDIATELY FOR ASSISTANCE WITH DBE/MBE/WBEISMALL BUSINESS REQUIREMENTS
Soller not responsible for delay. lack of product or increase of pricing due to causes beyond! our contol, andor based upon
Local, Siate and Federal laws governing type of products thal can be sold or put into commerce This Quole fs offered contingent upon the
Buyer’s acceptance of Seller’ teams and condifons, whic are incorporated by reference and found ether faliowing this document. or
‘an the web a hips::\nerguson.comlcontentinebsiteinfolterms-f-sale
Govl Buyers: Allitems are open market unless noled alhervise
LEAD LAW WARNING: tis ifegal to instal products that are n
ld Yor human anspor rete sn
Sysloms ant
‘pplcaions Buyer is sclely responsible fr product sel
hon.
ol iead fea” in accordance vith US Federal or ther applicable awn potable water
SNF in he description are NOT Yead ire and can only be itated in non potable
HOW ARE WE DOING? WE WANT YOUR FEEDBACK!
ones]
‘Scan the QR code or use the link below to
‘complete a survey about your bids
https://survey.medallia.com/?bidsorder&{c=56&0n=443393
PROPOSAL
ALDERSON CONSTRUCTION
State Lie No. 2705-016280
P.O. Box 824
Lebanon, Virginia 24266
(540) 794-9610
we
RRO i ae
Comberlan Plifean Waste Jane 26 2629
a sp
RESTO aR
Aehawor VA. 24266
aa ER rasa
Wie hereby submit specications and astimales for
Twstall s¢ wow Jichte iv Russell
DecVensew awl Buchenen Rguuty brews ber
Ss behksoris :
We Provost hereby to furnish ramggam! and labor - complete in accordance with above specifications, for the sum of:
Tivo thacawdS alot huwdtes« °Ya — anew (s 24902.°%,
16
Paymonttobo made esiotows: EW Lal arr Completion of oh .
Cash Upon Completion Unless Otherwise Stated. If torms, an any unpaid balance going beyond 30 days there willbe a 1 12% service charge
‘added tothe bill and if placed in the hands of an attorney for collection, reasonable altomay’s feas will be laxed against the purchaser of sald
materials,
‘Al maori! guaratoed tobe as specie. Al work ob completed in a workmanike maner according tandadpractess. Ary aration ot
deviation rom above spcicaton Invng ext costs wi be exacued ony upon wit over, an il becom an oxta charge oor and
above he osimato. Atagtaoments contingent upon stkes, ldots: Clays beyond our orl Onmer Wo euryie naee nd
rectesaryneurance” ams comin
Po
Noto This Proposal may be wiharawn by us not accaptes within © days
‘Authotzed Signa.
ACCEPTANCE OF PROPOSAL + Th above prices, specifications and conditions are salistactory and ars hereby acceptad.
CY. UEP OE) do the work as speciiad, Payment wil be made as outined above,
vate mzepanes Fetal (ZEN Signature
Signature
THE RUSSELL COUNTY TRANSPORTATION AND SAFETY COMISSION MET AT THE
BONANZA RESTAURANT IN LEBANON VIRGINIA ON JULY 15TH 2020
MEMBERS & GUEST PRESENT
EUGENE FERGUSON TONYMAXFIELD Linda Cross Mike O’Quinn
Henry Stinson GARY DOTSON Barbara Cox Carl Rhea TIM LOVELACE
GUARD RAILS
1-GUARD RAISL REPLACED AS DAMAGED
2-RT 58E JUST BEYOND QUARRY ROAD A SECTION OF GURAD RAIL DAMAGED FROM A FALLEN
TREE
SHOULDER REPAIR AND POT HOLE
1-Rt. 58E between mile marker 68 & 70 several ruff places in pavement
2-RT 662 ONE FOURTH MILE NEAR SPRING CITY NEEDS RIP RAP
3- RT. 19s between RT 614 & 58 a bad pot hole SOUTH BOUND SIDE
4-Rt 613/58 just off Rt. 58 at parking lot ASPHALT has broken off causing vehicle
problems. Gravel has been pulled up against pavement
5-Rt 679 Tumbez pipe needs to be cleaned out instead a box culvert will be
installed once the permit is approved
6-Rt 195/949 needs signs warning of an intersection or/and watch vehicle turn
7-Rt 645 ruff spot in asphalt needs new patch this spring
8-Rt 645 asphalt coming off in curve needs new patch % mile on RT. 620
9-Rt 67S pavement broke up in the middle of the road just before RT 622 ina
steep curve
10-Rt 620 one mile up out of Finney pavement broken off needs pipe and filled
11-Laurel. Branch off Drill Road highway broken off been repaired but is sinking
12-All, back roads need grass cut for VISIBILITY RT 846 MARVIN HESS RD BRUSH COMING
OUT INTO ROADWAY
13-Rt 67/635 Horton ridge past L&M auto parts pipe stopped up causing water in
road
14- Rt. 615 Dinsmore Hill large ruff spot pavement coming up
15-Rt. 666 Calvary Baptist Church about % mile rough spots both lanes
16-Rt, 615 near 870 intersection tree hanging over the wall
17-Rt 616, Chaney, Cr. road breaking off in a sharp curve
18-Rt615 big pot hole near moss three
19-Rt 615 cracker neck area back valley dips IN THE ROAD
20-Rt-67 Miller Cr hill shoulder breaking off half across the road
21RT. 19 NEAR DOLLAR GENERAL STORE A SMALL TREE BLOCKING VISIBILITY FOR HIGHWAY
ENTERANCE
22-Rt.628.two large pot holes near the top of the hill
23- RT 682 DEAD TREES HANGING OVER THE ROAD HALF MILE FROM RT 609 AND BRUSH
FROM FALLEN TREES LAYING ALONG THE ROADWAY NEED TO BE REMOVED.
24-Rt.601Skeens Fork Sandy Ridge road washout causing road to break off
25-Rt. 604 Molls Cr. Several large pot holes between the 35 mile speed limit signs
which begin near the church and proceed up the creek
26-Rt. 645 New Garden Road water undercutting road one mile East of Nash Ford
Bridge
27-Rt 19N ramp onto Rt.80 at Elk Garden School is ruff and tilted
28- Rt.661 Artrip Bridge washout near the entrance to the bridge
29-Rt 665 past the ball park road falling in just pass 600 intersection
30- Artrip swinging bridge has a tree caught on it from flooding water
SCHOOL BUS SAFETY AND OTHER CONCERNS
1- Rt.19 N / RT 80 INTERSECTION LINES NOT VISIBLE FOR TRAFFIC LANES
2-Rt 71N request speed limit signs need to be moved back near Fincastle
Subdivision to slow down oncoming traffic
3-Rt 80 Blackford Bridge ruff possibility dropping down
4—Rt. 816 & 819 road narrow need delineator’s installed
ITEMS REPORTED CORRECTED
1-Laurel.Br.Bridge.needs.to.be.resurfaced.
2-Campbell.Hollow.down.from.Finney.Rd.several.pot.holes
3-Rt.622.Miller.Cr.just.before.apple.blossom.needs.a.delineator installed
FUTURE MAJOR SAFETY PROJECT
1-RT 627 DANTE SAWMILL HOLLOW CURVE NEEDS WIDENED AT THE UPPER END NEAR THE
BALLFIELD and also the one lane road near the R.R tracks TO HANDLE ANTICIPATED
HEAVY TRAFFIC TO A CAMP SITE
2
3- RT 58 CASTLEWOOD NEAR THE FAIRGROUND EXIT MEDIAN NEEDS TO BE LOWERED FOR
BETTER VISIBILITY
4-58W CASTLEWOOD AT THE TRAFFIC LIGHTS ROAD HOOVES UP THAT COULD CAUSE A
POTENTIAL HAZARD CONDITION. PAVING SCHEDULED IN 2021 WILL BE FIXED THEN
5-Rt. 71s / 604 Molls Creek INTERSECTION needs bank scaled back for visibility
instead a stop bar will be installed and brush to be keep trimmed
6-Rt. 80 from the doubles to Rt. 19 needs a passing lane installed
COMMISIOM MEMBER INFROMATION
Barbara COX 971 1502 JOHNNY JESSEE 889 1563
LINDA CROSS 794 7618 TIM LOVELACE 971 0367
GARY DOTSON 7 62 9803 TONY MAXFIELD 254 2492
EUGENE FERGUSON 9711738 MIKE O’QUINN 701. 7086
CARL RHEA 2543810 HENRY STINSON 873 4905
EMORY ALTIZER 880 1058
NEXT MEETING WILLS BE AUGUST 11TH 2020 WE THANK ALL WHO ARE
INVOLVED IN KEEPING OUR ROADWAYS SAFE AND OUR GUEST PARTICAPTION
SAFETY IS A COMMITMENT!
REPARED BY GARY DOTSON
Authorization - Minutes BOS.pdf
SUGGESTED MOTION(s):

Authorization - Expenditures.pdf
SUGGESTED MOTION(s):

Board Appointments.pdf
Staff Recommendation:

Presentations - Attorney.pdf
Meeting: 8/3/20        6:00 PM
Staff Recommendation:
Suggested Motion:

Authorizing Resolution (Castlewood facilities bond assumption).pdf
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF A WATER AND SEWER REVENUE BOND OF THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY IN AN AMOUNT NOT TO EXCEED $23,173.29 AND PROVIDING FOR THE FORM, DETAILS, AND PAYMENT OF THE BOND, AND AUTHORIZING RELATED A...
Section 3.8. Mutilated, Lost, Stolen or Destroyed Bond.  If the Bond has been mutilated, lost, stolen, or destroyed, the Authority shall execute and deliver a new Bond of like date and tenor in exchange and substitution for, and upon delivery to the T...


Drinking Water Master Financing Agreement (blacklined).DOCX.pdf
MASTER FINANCING AGREEMENT
BETWEEN
AND
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
Virginia Resources Authority
TABLE OF CONTENTS

[To Be Updated]
Page
ARTICLE I
ARTICLE II
ARTICLE III
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE IX
ARTICLE X
ARTICLE XI
ARTICLE XII
EXHIBITS
Exhibit A - Form of Local Bonds
MASTER FINANCING AGREEMENT
ARTICLE I
“Additional Payments” means the payments required by Section 6.2.
“Board” means the Virginia Board of Health.
“Castlewood WSA” means The Castlewood Water and Sewage Authority.
“Closing Date” means the date of delivery of the Local Bonds to the Authority, as Administrator of the Fund.
“Consulting Engineer” means the engineer or firm of independent consulting engineers of recognized standing and experienced in the field of sanitary engineering and registered to do business in Virginia which is designated by the Borrower from time ...
“Cost of Funds” means interest, including the part thereof allocable to the Annual Administrative Fee, if any, payable as set forth in Section 6.1 and Exhibit I.
“County” means the County of Russell, Virginia.
“Department” means the Virginia Department of Health.
“Event of Default” shall have the meaning set forth in Section 11.1.
ARTICLE II
(g) The issuance of the Local Bonds and the execution and delivery of this Agreement, the Master Parity Agreement, the Support Agreement and the Transfer Agreement and the performance by the Borrower of its obligations thereunder are within the powe...
(h) The Borrower is not in default in the payment of the principal of or interest on any of its indebtedness for borrowed money and is not in default under any instrument under and subject to which any indebtedness for borrowed money has been incurr...
(i) The Borrower (i) to the best of the Borrower’s knowledge, is not in violation of any existing law, rule or regulation applicable to it in any way which would have a material adverse effect on its financial condition or its ability to perform its...
(j) There are not pending nor, to the best of the Borrower’s knowledge, threatened against the Borrower, any actions, suits, proceedings or investigations of a legal, equitable, regulatory, administrative or legislative nature, (i) affecting the cre...
(l) Except as may otherwise be approved by the Authority or permitted by the terms of this Agreement, the System at all times is and will be owned by the Borrower and will not be operated or controlled by any other entity or person.

ARTICLE III
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE X
ARTICLE XI
ARTICLE XII
WITNESS the following signatures, all duly authorized.
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
Title: ___________________________________________
EXHIBIT A
FORM OF LOCAL BONDS
EXHIBIT B
Project DescriptionS
EXHIBIT C
Project BudgetS
EXHIBIT D
Opinion of Borrower’s BOnd Counsel
EXHIBIT E
FORM OF REQUISITION
CERTIFICATE OF THE CONSULTING ENGINEER
FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT
Loan No. WSL-028-14E; WSL-022-15E
This Certificate is submitted in connection with Requisition Number ____, dated _________, 20__, submitted by The Russell County Public Service Authority.  Capitalization terms used herein shall have the same meanings set forth in Article I of the Ag...
The undersigned Consulting Engineer for the Borrower hereby certifies that insofar as the amounts covered by this Requisition include payments for labor or to contractors, builders or materialmen, such work was actually performed or such materials, s...
Loan Proceeds Remaining $ ____________________
EXHIBIT F
EXHIBIT G
ORIGINAL FINANCING AGREEMENTS
[To Be Provided]
Prior Bonds:
Existing Parity Bonds:
EXHIBIT I
EXHIBIT K
AMENDED AND RESTATED SUPPORT AGREEMENT
RECITALS:
Agreement
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
EXHIBIT A
LOCAL ORIGINAL BONDS

Authorizing Resolution (drinking water master financing agreement).pdf
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF WATER AND SEWER REVENUE BONDS OF THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY IN AN AMOUNT NOT TO EXCEED $12,058,187.38 AND PROVIDING FOR THE FORM, DETAILS, AND PAYMENT OF THE BOND, AND AUTHORIZING RELATE...
Section 3.8. Mutilated, Lost, Stolen or Destroyed Bond.  If either of the Bonds has been mutilated, lost, stolen, or destroyed, the Authority shall execute and deliver a new bond of like date and tenor in exchange and substitution for, and upon delive...


Russell County PSA_Drinking Water Financing Agreement (WSL-020-18)_1....pdf
FINANCING AGREEMENT
BETWEEN
AND
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
Virginia Resources Authority
Loan No. WSL-020-18
TABLE OF CONTENTS

Page
ARTICLE I
ARTICLE II
ARTICLE III
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE IX
ARTICLE X
ARTICLE XI
ARTICLE XII
EXHIBITS
Exhibit A - Form of Local Bond
FINANCING AGREEMENT
ARTICLE I
“Additional Payments” means the payments required by Section 6.2.
“Board” means the Virginia Board of Health.
“Closing Date” means the date of the delivery of the Local Bond to the Authority, as Administrator of the Fund.
“Commitment Letter” means the commitment letter from the Authority to the Borrower, dated __________, 2019, and all extensions and amendments thereto.
“Cost of Funds” means interest, including the part thereof allocable to the Annual Administrative Fee, payable as set forth in Section 6.1.
“County” means the County of Russell, Virginia.
“Department” means the Virginia Department of Health.
“Event of Default” shall have the meaning set forth in Section 11.1.
ARTICLE II
(g) The issuance of the Local Bond and the execution and delivery of this Agreement, the Support Agreement and the Transfer Agreement and the performance by the Borrower of its obligations thereunder are within the powers of the Borrower and will no...
(h) The Borrower is not in default in the payment of the principal of or interest on any of its indebtedness for borrowed money and is not in default under any instrument under and subject to which any indebtedness for borrowed money has been incurr...
(i) The Borrower (i) to the best of the Borrower’s knowledge, is not in violation of any existing law, rule or regulation applicable to it in any way which would have a material adverse effect on its financial condition or its ability to perform its...
(j) There are not pending nor, to the best of the Borrower’s knowledge, threatened against the Borrower, any actions, suits, proceedings or investigations of a legal, equitable, regulatory, administrative or legislative nature, (i) affecting the cre...
(m) Except as may otherwise be approved by the Authority or permitted by the terms of this Agreement, the System at all times is and will be owned by the Borrower and will not be operated or controlled by any other entity or person.

ARTICLE III
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE X
ARTICLE XI
ARTICLE XII
WITNESS the following signatures, all duly authorized.
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
Title: ___________________________________________
EXHIBIT A
Form of Local Bond
EXHIBIT B
Project Description
EXHIBIT C
Project Budget
WSL-020-18
EXHIBIT D
Opinion of Borrower’s BOnd Counsel
EXHIBIT E
REQUISITION FOR DISBURSEMENT
CERTIFICATE OF THE CONSULTING ENGINEER
FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT
Loan No. WSL-020-18
This Certificate is submitted in connection with Requisition Number ____, dated _________, 20__, submitted by The Russell County Public Service Authority.  Capitalized terms used herein shall have the same meanings set forth in Article I of the Agree...
The undersigned Consulting Engineer for the Borrower hereby certifies that insofar as the amounts covered by this Requisition include payments for labor or to contractors, builders or materialmen, such work was actually performed or such materials, s...
SCHEDULE 1
REQUISITION # ________
BORROWER: THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
LOAN NUMBER:  WSL-020-18
CERTIFYING SIGNATURE: ______________________________
TITLE: ______________________________________
Total Loan Amount $_________________
Previous Disbursements $_________________
This Request $_________________
Loan Proceeds Remaining $_________________
EXHIBIT F
Prior Bonds:
Existing Parity Bonds:
EXHIBIT H
SUPPORT AGREEMENT
RECITALS:
Agreement
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY

Reports1.pdf
Meeting: 8/3/20         6:00 PM
STAFF RECOMMENDATION(s):
SUGGESTED MOTION(s):
ATTACHMENTS:

RC CARES Fund Account Balance .pdf
Sheet1

Rte 19 Resolution .pdf
Resolution of Support

Rte 58 Resolution .pdf
Resolution of Support

19 Superelevation Russell Co Estimate.pdf
Totals for Workbook Entry
Total Project Summary
Alignment 1 Summary
Alignment 1 Calculation
Alignment 2  Summary
Alignment 2 Calculation
Alignment 3 Summary
Alignment 3 Calculation
Alignment 4 Summary
Alignment 4 Calculation
Alignment 5 Summary
Alignment 6 Summary
Alignment 6 Calculation
MOT Ranking Criteria
Field Data Collection
Item Checklist
Volume Matrix 

58 SundownTurn Lanes Russell Co Estimate.pdf
Instructions
Totals for Workbook Entry
Total Project Summary
Alignment 1 Summary
Alignment 1 Calculation
Alignment 2  Summary
Alignment 2 Calculation
Alignment 3 Summary
Alignment 3 Calculation
Alignment 4 Summary
Alignment 4 Calculation
Alignment 5 Summary
Alignment 5 Calculation

Thrasher Contract.pdf
ARTICLE 1 –  SERVICES OF ENGINEER
1.01 Scope
A. Engineer shall provide, or cause to be provided, the services set forth herein and in Exhibit A. All work will be performed in accordance with the applicable West Virginia Department of Environmental Protection requirements as outlined in Title 47,...


ARTICLE 2 –  OWNER’S RESPONSIBILITIES
2.01 General
A. Owner shall have the responsibilities set forth herein and in Exhibit B.
B. Owner shall pay Engineer as set forth in Article 4 and Exhibit C.
C. Owner shall be responsible for all requirements and instructions that it furnishes to Engineer pursuant to this Agreement, and for the accuracy and completeness of all programs, reports, data, and other information furnished by Owner to Engineer pu...
D. Owner shall give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of:
1.  any development that affects the scope or time of performance of Engineer’s services;
2. the presence at the Site of any Constituent of Concern; or
3. any relevant, material defect or nonconformance in: (a) Engineer’s services, (b) the Work, (c) the performance of any Constructor, or (d) Owner’s performance of its responsibilities under this Agreement.



ARTICLE 3 –  SCHEDULE FOR RENDERING SERVICES
3.01 Commencement
A. Engineer is authorized to begin rendering services as of the Effective Date.

3.02 Time for Completion
A. Engineer shall complete its obligations within a reasonable time.  Specific periods of time for rendering services, or specific dates by which services are to be completed, are provided in Exhibit A, and are hereby agreed to be reasonable.
B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer’s services is impaired, or Engineer’s services are delayed or suspended, then the time for completion of Engineer’s serv...
C. If Owner authorizes changes in the scope, extent, or character of the Project or Engineer’s services, then the time for completion of Engineer’s services, and the rates and amounts of Engineer’s compensation, shall be adjusted equitably.
D. Owner shall make decisions and carry out its other responsibilities in a timely manner so as not to delay the Engineer’s performance of its services.
E. If Engineer fails, through its own fault, to complete the performance required in this Agreement within the time set forth, as duly adjusted, then Owner shall be entitled, as its sole remedy, to the recovery of direct damages, if any, resulting fro...


ARTICLE 4 –  INVOICES AND PAYMENTS
4.01 Invoices
A. Preparation and Submittal of Invoices:  Engineer shall prepare invoices in accordance with its standard invoicing practices and the terms of Exhibit C. Invoice must include breakdown of services provided.  Engineer shall submit its invoices to Owne...

4.02 Payments
A. Application to Interest and Principal:  Payment will be credited first to any interest owed to Engineer and then to principal.
B. Failure to Pay:  If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer’s invoice, then:
1. amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day; and
2. Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Owner has paid in full all amounts due for services, expenses, and other related charges.  Owner waives any and all claims against Engineer f...

C. Disputed Invoices:  If Owner disputes an invoice, either as to amount or entitlement, then Owner shall promptly advise Engineer in writing of the specific basis for doing so, may withhold only that portion so disputed, and must pay the undisputed p...
D. Sales or Use Taxes:  If after the Effective Date any governmental entity takes a legislative action that imposes additional sales or use taxes on Engineer’s services or compensation under this Agreement, then Engineer may invoice such additional sa...


ARTICLE 5 –  OPINIONS OF COST
5.01 Opinions of Probable Construction Cost
A. Engineer’s opinions (if any) of probable Construction Cost are to be made on the basis of Engineer’s experience, qualifications, and general familiarity with the construction industry.  However, because Engineer has no control over the cost of labo...

5.02 Designing to Construction Cost Limit
A. If a Construction Cost limit is established between Owner and Engineer, such Construction Cost limit and a statement of Engineer’s rights and responsibilities with respect thereto will be specifically set forth in Exhibit F to this Agreement.

5.03 Opinions of Total Project Costs
A. The services, if any, of Engineer with respect to Total Project Costs shall be limited to assisting the Owner in tabulating the various categories that comprise Total Project Costs.  Engineer assumes no responsibility for the accuracy of any opinio...


ARTICLE 6 –  GENERAL CONSIDERATIONS
6.01 Standards of Performance
A. Standard of Care:  The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under s...
B. Technical Accuracy:  Owner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer’s services.  Engineer shall correct deficiencies in technical accuracy without additional compensation, unless such corrective ac...
C. Consultants:  Engineer may retain such Consultants as Engineer deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objections by Owner.
D. Reliance on Others:  Subject to the standard of care set forth in Paragraph 6.01.A, Engineer and its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, spec...
E. Compliance with Laws and Regulations, and Policies and Procedures:
1. Engineer and Owner shall comply with applicable Laws and Regulations.
2. Engineer shall comply with any and all policies, procedures, and instructions of Owner that are applicable to Engineer's performance of services under this Agreement and that Owner provides to Engineer in writing, subject to the standard of care se...
3. This Agreement is based on Laws and Regulations and Owner-provided written policies and procedures as of the Effective Date.  The following may be the basis for modifications to Owner’s responsibilities or to Engineer’s scope of services, times of ...
a.  changes after the Effective Date to Laws and Regulations;
b.  the receipt by Engineer after the Effective Date of Owner-provided written policies and procedures;
c. changes after the Effective Date to Owner-provided written policies or procedures.


F. Engineer shall not be required to sign any document, no matter by whom requested, that would result in the Engineer having to certify, guarantee, or warrant the existence of conditions whose existence the Engineer cannot ascertain.  Owner agrees no...
G. The general conditions for any construction contract documents prepared hereunder are to be EJCDC® C-700 “Standard General Conditions of the Construction Contract” (2013 Edition), prepared by the Engineers Joint Contract Documents Committee, unless...
H. Engineer shall not at any time supervise, direct, control, or have authority over any Constructor’s work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected...
I. Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor’s, failure to furnish and perform the Work in accordance with the Construction Contract Documents.
J. Engineer shall not be responsible for any decision made regarding the Construction Contract Documents, or any application, interpretation, clarification, or modification of the Construction Contract Documents, other than those made by Engineer or i...
K. Engineer is not required to provide and does not have any responsibility for surety bonding or insurance-related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements.
L. Engineer’s services do not include providing legal advice or representation.
M. Engineer’s services do not include (1) serving as a “municipal advisor” for purposes of the registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules...
N. While at the Site, Engineer, its Consultants, and their employees and representatives shall comply with the applicable requirements of Contractor's and Owner's safety programs of which Engineer has been informed in writing.

6.02 Design Without Construction Phase Services
A. Engineer shall be responsible only for those Construction Phase services expressly required of Engineer in Exhibit A, Paragraph A1.05.  With the exception of such expressly required services, Engineer shall have no design, Shop Drawing review, or o...

6.03 Use of Documents
A. All Documents are instruments of service, and Engineer shall retain an ownership and property interest therein (including the copyright and the right of reuse at the discretion of the Engineer) whether or not the Project is completed.
B. If Engineer is required to prepare or furnish Drawings or Specifications under this Agreement, Engineer shall deliver to Owner at least one original printed record version of such Drawings and Specifications, signed and sealed according to applicab...
C. Owner may make and retain copies of Documents for information and reference in connection with the use of the Documents on the Project.  Engineer grants Owner a limited license to use the Documents on the Project, extensions of the Project, and for...
D. If Engineer at Owner’s request verifies the suitability of the Documents, completes them, or adapts them for extensions of the Project or for any other purpose, then Owner shall compensate Engineer at rates or in an amount to be agreed upon by Owne...

6.04 Electronic Transmittals
A. Owner and Engineer may transmit, and shall accept, Project-related correspondence, Documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, in...
B. If this Agreement does not establish protocols for electronic or digital transmittals, then Owner and Engineer may jointly develop such protocols.
C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient’s use of software application packages...

6.05 Insurance
A. Engineer shall procure and maintain insurance as set forth in Exhibit G. Engineer shall cause Owner to be listed as an additional insured on any applicable general liability insurance policy carried by Engineer.
B. Owner shall procure and maintain insurance as set forth in Exhibit G. Owner shall cause Engineer and its Consultants to be listed as additional insureds on any general liability policies carried by Owner, which are applicable to the Project.
C. Owner shall require Contractor to purchase and maintain policies of insurance covering workers' compensation, general liability, motor vehicle damage and injuries, and other insurance necessary to protect Owner's and Engineer's interests in the Pro...
D. Owner and Engineer shall each deliver to the other certificates of insurance evidencing the coverages indicated in Exhibit G.  Such certificates shall be furnished prior to commencement of Engineer’s services and at renewals thereafter during the l...
E. All policies of property insurance relating to the Project, including but not limited to any builder’s risk policy, shall allow for waiver of subrogation rights and contain provisions to the effect that in the event of payment of any loss or damage...
F. All policies of insurance shall contain a provision or endorsement that the coverage afforded will not be canceled or reduced in limits by endorsement, and that renewal will not be refused, until at least 10 days prior written notice has been given...
G. At any time, Owner may request that Engineer or its Consultants, at Owner’s sole expense, provide additional insurance coverage, increased limits, or revised deductibles that are more protective than those specified in Exhibit G.  If so requested b...

6.06 Suspension and Termination
A. Suspension:
1. By Owner:  Owner may suspend the Project for up to 90 days upon seven days written notice to Engineer.
2. By Engineer:  Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement if Owner has failed to pay Engineer for invoiced services and expenses, as set forth in Paragraph 4.02.B, or in response to the prese...

B. Termination:  The obligation to provide further services under this Agreement may be terminated:
1. For cause,
a. by either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party.
b. by Engineer:
1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer’s responsibilities as a licensed professional; or
2) upon seven days written notice if the Engineer’s services for the Project are delayed or suspended for more than 90 days for reasons beyond Engineer’s control, or as the result of the presence at the Site of undisclosed Constituents of Concern, as ...
3) Engineer shall have no liability to Owner on account of such termination.

c. Notwithstanding the foregoing, this Agreement will not terminate under Paragraph 6.06.B.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligentl...

2. For convenience, by Owner effective upon Engineer’s receipt of notice from Owner.

C. Effective Date of Termination:  The terminating party under Paragraph 6.06.B may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, to c...
D. Payments Upon Termination:
1. In the event of any termination under Paragraph 6.06, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all Reimbursable Expenses incurred through th...
2. In the event of termination by Owner for convenience or by Engineer for cause, Engineer shall be entitled, in addition to invoicing for those items identified in Paragraph 6.06.D.1, to invoice Owner and receive payment of a reasonable amount for se...


6.07 Controlling Law
A. This Agreement is to be governed by the Laws and Regulations of the state in which the Project is located.

6.08 Successors, Assigns, and Beneficiaries
A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 6.08.B the assigns of Owner and Engineer) are hereby bound to the other par...
B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, money that is due or may become due) in this Agreement without the written consent of the other party, except to the extent ...
C. Unless expressly provided otherwise in this Agreement:
1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Constructor, other third-party individual or entity, or to any surety for or employee of any of them.
2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party.
3. Owner agrees that the substance of the provisions of this Paragraph 6.08.C shall appear in the Construction Contract Documents.


6.09 Dispute Resolution
A. Owner and Engineer agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice prior to invoking the procedures of Exhibit H or other provisions of this Agreement, or exercising their rights at law.
B. If the parties fail to resolve a dispute through negotiation under Paragraph 6.09.A, then either or both may invoke the procedures of Exhibit H.  If Exhibit H is not included, or if no dispute resolution method is specified in Exhibit H, then the p...

6.10 Environmental Condition of Site
A. Owner represents to Engineer that as of the Effective Date to the best of Owner’s knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site.
B. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or ...
C. It is acknowledged by both parties that Engineer’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern.  If Engineer or any other party encounters, uncovers, or reveals an undisclosed Constituen...
D. If investigative or remedial action, or other professional services, are necessary with respect to undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or k...
E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer’s services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation o...
F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "owner," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the...

6.11 Indemnification and Mutual Waiver
A. Indemnification by Engineer:  To the fullest extent permitted by Laws and Regulations, Engineer shall indemnify and hold harmless Owner, and Owner’s officers, directors, members, partners, agents, consultants, and employees, from losses, damages, a...
B. Indemnification by Owner:  Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants as required by Laws and Regulations and to the extent (if any) required in Exhibit I, “Li...
C. Environmental Indemnification:  To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from all claims, costs, los...
D. No Defense Obligation:  The indemnification commitments in this Agreement do not include a defense obligation by the indemnitor unless such obligation is expressly stated.
E. Percentage Share of Negligence:  To the fullest extent permitted by Laws and Regulations,  a party’s total liability to  the other party and anyone claiming by, through, or under the other party for any  cost, loss, or damages caused in part by the...
F. Mutual Waiver:  To the fullest extent permitted by Laws and Regulations, Owner and Engineer waive against each other, and the other’s employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or en...

6.12 Records Retention
A. Engineer shall maintain on file in legible form, for a period of five years following completion or termination of its services, all Documents, records (including cost records), and design calculations related to Engineer’s services or pertinent to...

6.13 Miscellaneous Provisions
A. Notices:  Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by registered or certified mail postage prepaid, or by a commercial courier service...
B. Survival:  All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason.
C. Severability:  Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Engineer, which agree ...
D. Waiver:  A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement.
E. Accrual of Claims:  To the fullest extent permitted by Laws and Regulations, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence, no later than the date of Substa...


ARTICLE 7 –  DEFINITIONS
7.01 Defined Terms
A. Wherever used in this Agreement (including the Exhibits hereto) terms (including the singular and plural forms) printed with initial capital letters have the meanings indicated in the text above, in the exhibits, or in the following definitions:
1. Addenda—Written or graphic instruments issued prior to the opening of bids which clarify, correct, or change the bidding requirements or the proposed Construction Contract Documents.
2. Additional Services—The services to be performed for or furnished to Owner by Engineer in accordance with Part 2 of Exhibit A of this Agreement.
3. Agreement—This written contract for professional services between Owner and Engineer, including all exhibits identified in Paragraph 8.01 and any duly executed amendments.
4. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the C...
5. Basic Services—The services to be performed for or furnished to Owner by Engineer in accordance with Part 1 of Exhibit A of this Agreement.
6. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Construction Contract Price or the Construction Contract Times, or other revision to the Construct...
7. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth in the Construction Contract, seeking an adjustment in Construction Contract Price or Construction Contract Times, or both; con...
8. Constituent of Concern—Asbestos, petroleum, radioactive material, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pu...
9. Construction Contract—The entire and integrated written contract between the Owner and Contractor concerning the Work.
10. Construction Contract Documents—Those items designated as “Contract Documents” in the Construction Contract, and which together comprise the Construction Contract.
11. Construction Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Construction Contract Documents.
12. Construction Contract Times—The number of days or the dates by which Contractor shall:  (a) achieve milestones, if any, in the Construction Contract; (b) achieve Substantial Completion; and (c) complete the Work.
13. Construction Cost—The cost to Owner of the construction of those portions of the entire Project designed or specified by or for Engineer under this Agreement, including construction labor, services, materials, equipment, insurance, and bonding cos...
14. Constructor—Any person or entity (not including the Engineer, its employees, agents, representatives, and Consultants), performing or supporting construction activities relating to the Project, including but not limited to Contractors, Subcontract...
15. Consultants—Individuals or entities having a contract with Engineer to furnish services with respect to this Project as Engineer’s independent professional associates and consultants; subcontractors; or vendors.
16. Contractor—The entity or individual with which Owner enters into a Construction Contract.
17. Documents—Data, reports, Drawings, Specifications, Record Drawings, building information models, civil integrated management models, and other deliverables, whether in printed or electronic format, provided or furnished in appropriate phases by En...
18. Drawings—That part of the Construction Contract Documents that graphically shows the scope, extent, and character of the Work to be performed by Contractor.
19. Effective Date—The date indicated in this Agreement on which it becomes effective, but if no such date is indicated, the date on which this Agreement is signed and delivered by the last of the parties to sign and deliver.
20. Engineer—The individual or entity named as such in this Agreement.
21. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Construction Contract Price or the Construction Contract Times.
22. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.
23. Owner—The individual or entity named as such in this Agreement and for which Engineer's services are to be performed.  Unless indicated otherwise, this is the same individual or entity that will enter into any Construction Contracts concerning the...
24. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the services to be performed or furnished by Engi...
25. Record Drawings—Drawings depicting the completed Project, or a specific portion of the completed Project, prepared by Engineer as an Additional Service and based on Contractor's record copy of all Drawings, Specifications, Addenda, Change Orders, ...
26. Reimbursable Expenses—The expenses incurred directly by Engineer in connection with the performing or furnishing of Basic Services and Additional Services for the Project.
27. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site during the Construction Phase.  As used herein, the term Resident Project Representative or "RPR" includes any assistants or field st...
28. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged.
29. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, wheth...
30. Site—Lands or areas to be indicated in the Construction Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for ...
31. Specifications—The part of the Construction Contract Documents that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matte...
32. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work.
33. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Construction Con...
34. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor.
35. Total Project Costs—The total cost of planning, studying, designing, constructing, testing, commissioning, and start-up of the Project, including Construction Cost and all other Project labor, services, materials, equipment, insurance, and bonding...
36. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Construction Contract Documents.  Work includes and is the result of performing or providing all labor, services, and documentation...
37. Work Change Directive—A written directive to Contractor issued on or after the effective date of the Construction Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work.
38. Agency - Virginia Department of Housing and Community Development (DHCD).

B. Day:
1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight.



ARTICLE 8 –  EXHIBITS AND SPECIAL PROVISIONS
8.01 Exhibits Included:
A. Exhibit A, Engineer’s Services.
B. Exhibit B, Owner’s Responsibilities.
C. Exhibit C, Payments to Engineer for Services and Reimbursable Expenses.
D. Exhibit D, Duties, Responsibilities and Limitations of Authority of Resident Project Representative.  Not Used
E. Exhibit E, Notice of Acceptability of Work.
F. Exhibit F, Construction Cost Limit. Not Used
G. Exhibit G, Insurance.
H. Exhibit H, Dispute Resolution.
I. Exhibit I, Limitations of Liability.
J. Exhibit J, Special Provisions. Not Used
K. Exhibit K, Amendment to Owner-Engineer Agreement.

8.02 Total Agreement
A. This Agreement, (together with the exhibits included above) constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings.  This Agreement may only be amended, supplemented, modified, or cancele...

8.03 Designated Representatives
A. With the execution of this Agreement, Engineer and Owner shall designate specific individuals to act as Engineer’s and Owner’s representatives with respect to the services to be performed or furnished by Engineer and responsibilities of Owner under...

8.04 Engineer's Certifications
A. Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive practices in competing for or in executing the Agreement.  For the purposes of this Paragraph 8.04:
1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the selection process or in the Agreement execution;
2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the selection process or the execution of the Agreement to the detriment of Owner, or (b) to deprive Owner of the benefits of free and open competition;
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1.


PART 1 – BASIC SERVICES
A1.01 Study and Report Phase
A. Engineer shall:
B. Engineer’s services under the Study and Report Phase will be considered complete on the date when Engineer has delivered to Owner the revised Report and any other Study and Report Phase deliverables.

A1.02 Preliminary Design Phase
A. After acceptance by Owner and of the Report and any other Study and Report Phase deliverables; selection by Owner of a recommended solution; issuance by Owner of any instructions of for use of Project Strategies, Technologies, and Techniques, or fo...
B. Engineer’s services under the Preliminary Design Phase will be considered complete on the date when Engineer has delivered to Owner the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other Prelimi...

A1.03 Final Design Phase
A. After acceptance by Owner of the Preliminary Design Phase documents, revised opinion of probable Construction Cost as determined in the Preliminary Design Phase, and any other Preliminary Design Phase deliverables, subject to any Owner-directed mod...
B. Engineer’s services under the Final Design Phase will be considered complete on the date when Engineer has delivered to Owner the final Drawings and Specifications, other assembled Construction Contract Documents, bidding-related documents (or requ...
C. In the event that the Work designed or specified by Engineer is to be performed or furnished under more than one prime contract, or if Engineer’s services are to be separately sequenced with the work of one or more prime Contractors (such as in the...
D. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer’s compensation has been established under this Agreement is [    ].  If more prime contracts are awarded, Engineer shall be entitled to an equitable in...

A1.04 Bidding or Negotiating Phase
A. After acceptance by Owner of the final Drawings and Specifications, other Construction Contract Documents, bidding-related documents (or requests for proposals or other construction procurement documents), and the most recent opinion of probable Co...
B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors (except as may be required if Exhibit F is a part of this Agreement).

A1.05 Construction Phase
A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from Owner, Engineer shall:
B. Duration of Construction Phase:  The Construction Phase will commence with the execution of the first Construction Contract for the Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contract...

A1.06 Post-Construction Phase
A. Upon written authorization from Owner during the Post-Construction Phase, Engineer shall:
B. The Post-Construction Phase services may commence during the Construction Phase and, if not otherwise modified in this Exhibit A, will terminate twelve months after the commencement of the Construction Contract’s correction period.  [Deleted Sectio...


PART 2 – ADDITIONAL SERVICES
A. If authorized in writing by Owner, Engineer shall provide Additional Services of the types listed below. These services are not included as part of Basic Services and will be paid for by Owner as indicated in Exhibit C.
A. Engineer shall advise Owner that Engineer is commencing to perform or furnish the Additional Services of the types listed below.  For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner.  ...
A. Provide Engineer with all criteria and full information as to Owner’s requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitat...
B. Give instructions to Engineer regarding Owner’s procurement of construction services (including instructions regarding advertisements for bids, instructions to bidders, and requests for proposals, as applicable), Owner’s construction contract pract...
C. Furnish to Engineer any other available information pertinent to the Project including reports and data relative to previous designs, construction, or investigation at or adjacent to the Site.
D. Following Engineer’s assessment of initially-available Project information and data and upon Engineer’s request, obtain, furnish, or otherwise make available (if necessary through title searches, or retention of specialists or consultants) such add...
E. Arrange for safe access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under the Agreement.
F. Recognizing and acknowledging that Engineer's services and expertise do not include the following services, provide, as required for the Project:
G. Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of samples, materials, and equipment required by the Construction Contract Documents (other than those required to be furnished or arranged b...
H. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the Project designed or specified by Engineer and such reviews, approvals, and consents from others as may be necessary for compl...
I. Advise Engineer of the identity and scope of services of any independent consultants employed by Owner to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, ...
J. If Owner designates a construction manager or an individual or entity other than, or in addition to, Engineer to represent Owner at the Site, define and set forth as an attachment to this Exhibit B the duties, responsibilities, and limitations of a...
K. If more than one prime contract is to be awarded for the Work designed or specified by Engineer, then designate a person or entity to have authority and responsibility for coordinating the activities among the various prime Contractors, and define ...
L. Inform Engineer in writing of any specific requirements of safety or security programs that are applicable to Engineer, as a visitor to the Site.
M. Examine all alternative solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer (including obtaining advice of an attorney, risk manager, insurance counselor, financial/municipal advisor...
N. Inform Engineer regarding any need for assistance in evaluating the possible use of Project Strategies, Technologies, and Techniques, as defined in Exhibit A.
O. Advise Engineer as to whether Engineer’s assistance is requested in identifying opportunities for enhancing the sustainability of the Project.
P. Place and pay for advertisement for Bids in appropriate publications.
Q. Furnish to Engineer data as to Owner’s anticipated costs for services to be provided by others (including, but not limited to, accounting, bond and financial, independent cost estimating, insurance counseling, and legal advice) for Owner so that En...
R. Attend and participate in the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job related meetings, and Site visits to determine Substantial Completion and readiness of the completed Work for final pay...
S. Authorize Engineer to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement, as required.
T. Perform or provide the following: None
A. Owner shall pay Engineer for Basic Services set forth in Exhibit A, except for services of Engineer’s Resident Project Representative, if any, as follows:
B. Period of Service:  The compensation amount stipulated in Compensation Packet BC-1 is conditioned on a period of service not exceeding ____ months.  If such period of service is extended, the compensation amount for Engineer's services shall be app...
A. Owner shall pay Engineer for Additional Services, if any, as follows:
B. Compensation For Reimbursable Expenses:
C. Other Provisions Concerning Payment for Additional Services:


THE THRASHER GROUP, INC.
STANDARD RATE SCHEDULE
2020 RATES
A. The limits of liability for the insurance required by Paragraph 6.05.A and 6.05.B of the Agreement are as follows:
B. Additional Insureds:
A. Mediation:  Owner and Engineer agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement or the breach thereof (“Disputes”) to m...
A. Limitation of Engineer’s Liability
B. Indemnification by Owner:  To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from and against any and all cla...