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Front Royal Town Council goes behind closed doors on councilman’s right-of-way request

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Will we supply water or not? That's the question asked at the Town Council July 15th Work Session. Photo and video by Mark Williams.

FRONT ROYAL — Front Royal Town Council members on July 15 held a roughly 15-minute work session before heading into a closed meeting regarding the Town’s disposition of publicly held real property.

Specifically, Town Council members needed to discuss an application by Front Royal Town Councilman Chris Holloway, who owns the privately held Chris Holloway Construction LLC in Front Royal, Va., to purchase or have a portion of an unimproved right-of-way on Carter Street vacated by the Town.

While further details were scant on Monday night, the right-of-way request went behind closed doors because “discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of Town Council,” according to the work session agenda. All council members present unanimously agreed to the motion to go into a closed meeting on the item.

Near the start of the work session, Councilwoman Letasha Thompson broached the Crooked Run 2 development company request, which seeks Town water-sewer service for primarily residential development outside the town limits.

“I’d like to get a public hearing or whatever it is we need to do” regarding the Crooked Run West project, Thompson said during the council/mayor related items segment of the work session.

Crooked Run West LLC wants to rezone from commercial to a mixed-use but primarily residential project if the Town of Front Royal will supply the necessary water and sewer for it. Currently, agreements between the Town and Warren County on supplying water-sewer services to this area only allow commercial development so the request requires a change in the comprehensive plan.

Town Manager Joe Walsh said Monday that he interprets Town Code to mean that once the County has made such a request, it’s the Town’s turn to determine how it wants to proceed.

“The way I read the code, the ball’s in our court to make a decision at this point,” Walsh told the council members, noting that the county must apply for the water prior to any rezoning.

Walsh added that the county’s letter of request was received in April, the council looked at it in April, “but we didn’t do anything about it,” he said.

Councilmen Jacob Meza and Holloway were keen on pushing the decision off until the council’s next work session until they receive more details and data from Walsh.

“We need to understand everything that goes into that, not just whether we’re going to supply water or not,” Meza said.

“That’s why I thought they were coming back to us,” said Vice Mayor William Sealock, referring to the Warren County Board of Supervisors. “The decision basically is we supply or do not supply.”

Walsh said the item could be placed on the calendar for the council’s August 15 work session. He said he’ll provide more information to better inform council members at that time.

In other work session business, Town Council members heard from Town Finance Director B.J. Wilson that no bids have been received to date for the non-exclusive cable system franchise bid opening.

“We will move forward with the franchise agreement in some fashion and come back to the council in the future,” Wilson said.

Jeremy Camp, Town director of Planning & Zoning, had pretty much the same report for Town Council members regarding bids for the Facade Improvement Program. He said only one bid had been received and “it was not competitive” and was “way out of the ballpark.”

Based on input from contractors, Camp said the program’s management team has decided to rebid it.

“We’ll get back to you once we go through that rerun of the bidding process,” Camp said.

The Royal Examiner’s camera was there:

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Crime/Court

Removal Petition hearing on County Board continued to December

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An as-yet undetermined date in December was set for the continuation of a hearing on the citizen-launched Removal Petition against the five sitting Warren County Supervisors. The hearing was on the Warren County Circuit Court docket Friday morning, November 22, at 8:45 a.m.

Judge Bruce D. Albertson heard motions and the reasoning for the continuance by video hook up from his home courtroom base in Harrisonburg. When a suggested date of December 6, when Albertson will be in court on EDA-related criminal hearings, did not work for one of the two defense attorneys, James Cornwell, the judge said he would like a specific December date agree upon within two working days.

As he had the previous day during hearings on EDA-related criminal charges, Commonwealth’s Attorney Bryan Layton notified the court of his intention to remove himself from EDA prosecutions with a newly-elected Commonwealth’s Attorney John Bell slated to take over at the turn of the year, prior to any EDA-related trials getting under way. And with Bell planning to recuse himself from EDA prosecutions to assure there is not even a perception of possible conflicts of interest that might impact future EDA legal proceedings, Layton suggested that despite his desire to continue with the EDA cases, that they, like yesterday’s criminal cases, be turned over to the office of Rockingham County Commonwealth’s Attorney Marsha Garst.

Rockingham Assistant Commonwealth’s Attorney Michael Parker appears poised to take on the bulk of cases Layton has been working, along with the EDA Special Grand Jury investigation. Layton again noted Parker needed time to get up to speed on the background of the various cases he is taking on.

See you again in December – primary motions arguments on the Removal Petition targeting the WC Board of Supervisors will be heard on an as-yet determined December date following Friday’s continuation. Royal Examiner File Photos/Roger Bianchini

Defense co-counsel Cornwell and Acting County Attorney Jason Ham had no objection, by remote phone hook up, to Layton’s call for the continuance of the Removal Petition hearing.

During Friday’s hearing it was reported that notice of certification of the required amount of signatures had been received from Warren County Voter Registrar Carol Tobin. That certification, which came despite the loss of 107 signatures that could not be verified as registered county voters, allows the Petition for Removal from office of the supervisors to proceed.

The filing required a minimum of 10% of the number of registered county voters who voted in the last election. That number is cited as 6,958, requiring a total of 696 countywide. Even with the 107 lost signatures, the petition contained 835 verified signatures.

The petition was filed October 18 as part of the grass roots public reaction to the Front Royal-Warren County Economic Development Authority financial scandal that has led to a number of dueling civil litigations surrounding the EDA’s attempt to recover $21.3 million dollars in allegedly misdirected or embezzled EDA assets. The EDA civil litigation alone has already cost the County and its taxpayers $1.31 million dollars in legal and investigative financial audit costs.

And with a $750,000 cap on attorney’s fees payable to the Sands Anderson law firm of Richmond removed by the supervisors on Tuesday, that number is anticipated to keep climbing over the coming year or more as the civil cases proceed and what is anticipated to eventually be in the neighborhood of a million pages of related documentation is submitted for those civil, and related criminal, cases.

The Removal Petition contends the County’s elected Supervisors were directly negligent and in dereliction of their official duties in allowing the alleged EDA financial embezzlements to develop under their indirect stewardship since at least 2014-15.

After the Front Royal Town Council voluntarily abdicated certain oversight functions several years ago when the County took over the Town’s operational funding of the EDA, the County Board alone now appoints EDA Board of Director members. It is those appointed members of the quasi-governmental EDA that have direct oversight authority of EDA staff, a defense motions filing in the Removal Petition case states.

Commonwealth’s Attorney Bryan Layton, left, with FBI and VSP during April 16 search of EDA offices. Leaving the office in January, Layton is fazing himself out of EDA cases and Commonwealth’s Attorney-Elect John Bell is recusing from them. So the Rockingham County Commonwealth’s Attorney’s Office will take over those prosecutions.

The Removal Petition cites the board members’ three misdemeanor criminal indictments on misfeasance and nonfeasance charges filed September 20 as one primary legal basis of the recall. Those charges targeted the supervisors, along with current and former EDA board members, for an absence of due diligent oversight of the actions of former Warren County Economic Development Executive Director Jennifer McDonald in the final four months of 2018.

However, the fact those indictments were dismissed by Judge Albertson as non-criminal by Virginia Statutes, even dating to English Common Law under which they were filed, may complicate the petitioners’ argument.

Just two days before Friday’s hearing defense co-counsel Cornwell and Ham filed a Demurer with the court seeking dismissal of the petition. Grounds cited for dismissal include a lack of jurisdiction for the filing; a lack of legal authority for the supervisors to act directly to limit the activities of EDA staff; and “Legislative Immunity” precluding the Judicial Branch of State Government from a “quasi-criminal” investigation of a Legislative body such as the county supervisors regarding how they conduct their business.

It would appear that while the timing of the defense Demurrer filing might have precluded proceeding with arguments Friday, a December hearing date could see arguments on these crucial legal points of contention.

On October 28, Judge Albertson denied a petitioner’s motion to immediately remove the five sitting supervisors prior to any arguments on the legal dynamics of the Removal Petition.

Warren County’s incumbent supervisors continue to await a decision on a citizen-filed Removal Petition – or three of them it will soon be a moot point.

Targeted by the Removal Petition are Daniel J. Murray of the North River District, Thomas H. Sayre of the Shenandoah District, Tony F. Carter of the Happy Creek District, Archie A. Fox of the Fork District, and Linda Glavis of the South River District. As of the turn of the year in the wake of Murray and Glavis’s retirements and Sayre’s defeat at the polls in November, only Carter and Fox will be impacted by the Removal action.

See Related Stories:

County Supervisors removal petition filed with 941 signatures

County officials, EDA board members have good day in court – will it last?

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Crime/Court

Delays in EDA criminal cases due to transfer of prosecutorial authority

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On Thursday, November 21, four Front Royal-Warren County Economic Development Authority criminal defendants saw preliminary hearings, and in one case trial dates over the objection of Donald Poe’s attorneys, continued to future dates. Those defendants were former EDA Executive Director Jennifer McDonald, her husband Samuel North, former EDA small business client B&G Goods principal William Lambert, and former EDA solar panel contractor Earth Right Energy principal Donald Poe.

A date of January 10, at 1 p.m. was set for motions hearings and possible trial date settings on joint defense-commonwealth motions in McDonald’s, North’s and Lambert’s cases. Only Poe co-counsel William Ashwell objected to the delays, noting his client was in a somewhat different position that the other defendants.

That position is trial dates on all four charges against Poe already set for December 6 (perjury to the grand jury) and three financial charges of obtaining or conspiring to obtain money by false pretenses set for a three-day trial January 22 to 24.

Ashwell told the court his client was “pretty anxious to clear his name” adding, “I think we need to get things going now.”

Noting the defendant’s objection, Judge Bruce D. Albertson included the Poe cases in the continuations granted Thursday to the 1 p.m. docket on January 10.

The Warren County Courthouse will see both new and familiar faces in coming hearings and trials related to the EDA financial scandal. Royal Examiner File Photos/Roger Bianchini

As explained by Commonwealth’s Attorney Bryan Layton, primary among the reasons for those continuations is the naming of a new prosecutor’s office to handle the EDA-related criminal prosecutions. Layton has been leading the Special Grand Jury empaneled to investigate potential criminality tied to the $21.3 million dollar EDA civil litigation since former Warren County Commonwealth’s Attorney Brian Madden left the office to assume a judicial appointment in Frederick County.

However, with a newly-elected Commonwealth’s Attorney, John Bell who was hand to observe Tuesday’s proceedings, poised to take office at the turn of the year Layton notified the court he was withdrawing as special prosecutor for the EDA grand jury investigation into EDA affairs.

And Bell told the court due to peripheral past legal representations or political affiliations, he would recuse himself from EDA prosecutions to “avoid any appearance of impropriety so the people of Warren County are assured there are no thumbs on the scales (of justice).”

Chief 26th Judicial District Circuit Court Judge Albertson, himself a replacement after all Warren County Circuit Court judges recused or left for higher court appointments prior to pending recusals, accepted Layton’s recommendation of the Rockingham County Commonwealth’s Attorney’s Office to take over the EDA criminal prosecutions.

Rockingham Assistant Commonwealth’s Attorney Michael J. Parker was present to represent the office of Rockingham Commonwealth’s Attorney Marsha Garst. Courtroom discussion indicated Parker would take the point for Rockingham’s work on the EDA cases.

Related to various motions hearings scheduled for Thursday afternoon’s 4 p.m. docket, Layton noted the “voluminous material” related to the EDA cases and asked the court for “an extra period of time to get Mr. Parker up to speed.”

That voluminous material was referred to as a “terabyte” of digitized information ordered by the Virginia Supreme Court to handle what has been referred to in previous hearings as 700,000 to one million pages of related documentation.

Despite his counsel’s objection and Poe not joining the other defendants in waiving their rights to speedy trials, Earth Right Energy principal Poe will join the other three defendants in court for hearings on January 10 on the 1 p.m. docket.

Donald F. Poe outside the courthouse following an earlier hearing.

Judge Albertson continued Poe’s scheduled jury trial on his perjury charge from December 6, to the previously scheduled first day of an anticipated three-day trial on the EDA financial fraud charges, January 22, with the following dates available were that trial to go beyond one day.

Albertson also set a hearing for the aborted December 6 perjury trial date to set a new date for Poe’s now in limbo financial charges trial.

Albertson also granted North attorney Frank Reynold’s request for a Bill of Particulars on the three charges his client faces related to actions cited as occurring “on or about August 1, 2015” to be responded to by January 8, two days prior to the newly scheduled motions hearing date.

Reynolds, like Lambert attorney Phil Griffin, told the court he and his client did not want to have to navigate the perhaps digital planetary-sized “terabyte” of EDA financial fraud-related documentation for information on a limited, yet thus-far unspecified accusation against his client.

McDonald is facing 32 felony financial fraud indictments; her husband North three; Lambert three, and Poe four, including the perjury charge, related to information contained in the $500,000 County-EDA contracted Cherry Bekaert financial fraud investigation of EDA financial affairs during McDonald’s executive directorship of the EDA.

Jennifer McDonald on the job, here circa 2016 with then EDA Board Chair Patty Wines, during her decade long tenure as chief executive of the Front Royal-Warren County Economic Development Authority.

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County approves board, staff EDA criminal legal fees; removes cap on EDA civil attorney fees

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Why do people hate lawyers? – They make all the money

Legal fees were a central point of action at Tuesday evening’s Warren County Board of Supervisors meeting, both early and late in the agenda. In fact the initial motion out of a Closed Session, which was the last agenda item, was to amend the agenda so that a vote on EDA (Front Royal-Warren County Economic Development Authority) civil litigation attorney fees could be taken.

Both motions by Happy Creek Supervisor Tony Carter, seconded by South River’s Linda Glavis, passed unanimously.

The second of those motions removed the $750,000 cap previously put on payments to the Sands Anderson law firm contracted to handle the EDA’s civil litigation. That litigation initially filed March 26 was amended in October and is now seeking recovery of what has climbed to a total of $21.3 million dollars of allegedly misdirected or embezzled EDA assets.

The County Supervisors are anticipating continually climbing EDA civil cases legal costs – Tuesday they removed a cap on payments to the Sands Anderson law firm. Photos and video by Mark Williams, Royal Examiner.

Sands Anderson attorneys are also dealing with two countersuits filed by civil case defendants ITFederal (Truc “Curt” Tran, principal) and Earth Right Energy (Donald Poe, principal) seeking $15 million and $20 million in counter damages, respectively; as well as a suit by the Town of Front Royal against the EDA seeking recovery of “up to $15 million” in allegedly lost or misdirected Town funds.

The EDA is seeking to recover the balance of a $10-million dollar loan to ITFederal it contends was acquired under false pretenses; and another $2 million dollars moved to the company’s benefit through former EDA Executive Director Jennifer McDonald, ostensibly without proper EDA board authorization. The EDA is seeking around a million dollars in reimbursement of funds paid to Earth Right Energy (ERE), again through its former executive director and again ostensibly without proper EDA board authorization or work accomplished. However, ERE’s counterclaim revolves around a disputed $27 million dollar solar panel installation contract through the EDA for work on Warren County Public School facilities.

As we have previously reported, EDA-related court hearing discussion has indicated a voluminous amount of involved paperwork totaling somewhere between 700,000 and one million pages of financial fraud investigation documentation, court transcripts, EDA and related municipal financial and other meeting minutes and records.

Acting County Attorney Jason Ham, left, may be wondering if his firm might be included in Tuesday’s uncapping of legal fees by the County – just kidding, Jason. County Administrator Doug Stanley, right, later explained the process and thinking behind the board’s uncapping of EDA civil case legal fees.

Contacted the following day, County Administrator Doug Stanley noted that Tuesday’s vote will preclude the necessity of passing repetitive motions upping what has been authorized for legal fees in the now dueling EDA financial scandal civil litigations. Five times previously the County Supervisors have authorized payment caps to Sands Anderson, beginning on January 8 at $50,000; February 5 at $100,000; April 2 at $300,000; June 4 at $500,000; and August 6 at $750,000. Now the sky’s the limit and the unanswered question is how much money will it take to try and recover $21.3 million dollars in allegedly stolen money. The County invested another $500,000 in Contingency Fund money for the Cherry Bekaert public accounting investigation of EDA finances that is the basis for the EDA civil litigation.

Of the escalating legal fees, Stanley explained it this way, “If your house is broken into you go to the police and they file an incident report. Then you call your insurance company and they want an itemized report on what was stolen – you do that, not the police. The EDA has to catalogue, itemize all the stolen, misused or embezzled assets – the FBI is not going to do that for the EDA, Sands Anderson has to oversee all that and present it to the court because we want to hold those accountable to the full extent of the law.”

And THOSE legal fees

And speaking of the County Administrator, Mr. Stanley “won” the public groan meter during earlier meeting approval of County payment of his, former County Attorney Dan Whitten and four of the five board members’ EDA criminal case legal fees. Payments of those legal fees for the supervisors were all approved by 3-1 votes, with Tom Sayre dissenting and the supervisor whose payment was being approved, abstaining. Sayre has agreed to pay his own legal fees regarding those cases.

During earlier pubic criticism of County assumption of legal fees for the misdemeanor criminal defense cases of misfeasance and nonfeasance filed against County and EDA officials a compromise was broached. That compromise was that if the cases were dismissed or they were found not guilty, their fees would be covered; if found guilty they would pay their own attorneys fees.

Well all those charges were dismissed as having no legal basis, even dating back to English Common Law upon which the U.S. and Virginia legal codes were based. The fact those indictments were filed by the Commonwealth’s Attorney’s Office-led Special Grand Jury looking into criminality tied to the EDA financial fraud civil litigation on such nebulous legal grounds was a point of contention for public speaker and County critic Paul Gabbert during remarks directed at the board about those legal fees.

Paul Gabbert addressed a number of topics and expressed distress taxpayers will foot a nearly $50,000 legal bill on charges filed by the Special Grand Jury against County officials for things that are not illegal in Virginia.

As for the public groan meter, Stanley took the top spot with a criminal case legal bill of $15,166.54, edging out Glavis at $14,636.40.

The public may have been lured into a sense of complacency when the first supervisor whose fees were approved, Archie Fox, came in at $2,880. In fact, Glavis may have actually gotten a louder groan than Stanley when her $14,000-plus total was cited second, following Fox’s low-ball number.

Other legal fees approved for payment by the County were Dan Murray at $8,250; Carter at $5,000; and Whitten at $3,990.

No doubt that total taxpayer covered legal fee coming in just south of $50,000 at $49,922.94, was part of the fuel for Gabbert’s assessment of the court-ruled legally-baseless charges as “ridiculous”.

See the Board votes on those legal fees, the public response and Carter’s reply to some of the public criticism in the linked Royal Examiner video.

Attorney John Foote, no stranger to local development dynamics, explains Equus Capital Partners plans for a large distribution warehouse just north of the RSW Regional Jail. Foote told the supervisors he doesn’t anticipate problems from the neighbors directly to the south, who appear, for the most part, to be shut ins.

Other business on Tuesday’s Board of Supervisors agenda included approval of rezoning and a Conditional Use Permit (CUP) to allow construction of Equus Capital Partners 324,000 square foot warehouse and distribution facility projected to create 100 total jobs in two shifts on a lot just north of the RSW Regional Jail; approval of a County Ordinance Amendment and CUP to facilitate expansion of Backroom Brewery’s operations off Reliance Road to accommodate larger events hosting over 100 people.

Backroom Brewery’s Billie Clifton was lauded by Virginia Beer Museum proprietor David Downes, below, as a visionary who was ahead of the curve in developing a Farm Microbrewery in Warren County.

This agenda item drew an impassioned comment of support from Virginia Beer Museum proprietor David Downes, who called Backroom Brewery proprietor Billie Clifton “a visionary” in what has become a “growth industry” in the Commonwealth; and approval of necessary funding stream to proceed with much of the A.S. Rhodes Elementary School renovations; and approval of an EDA-requested rezoning on a two-acre parcel of the McKay property near the McKay Springs parcel for rezoning from Residential to Commercial, among other items.

See all these items on Royal Examiner’s full meeting video.

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Outline for Town communications policy raises questions

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Town Information Technology (IT) Director Todd Jones presented an outline of his credentials and ideas for development of a Town of Front Royal Communications policy at the Monday, November 18, Town Council work session at the Warren County Government Center.

The initiative of a communications director to oversee Council and Town staff interactions with the public on processes of Town services and other questions was brought forward by Matt Tederick during his Interim Mayor’s term. Now as Interim Town Manager, Tederick introduced Jones to brief council on his media and community background and ideas for development of a more effective communications strategy between Town officials and the public.

Jones traced past work with several cable companies and two television stations in promotions and production during which time he worked on “thousands and thousands and thousands of television commercials”. He also cited his 34 years in the community and marriage to a local girl “born in Warren Memorial Hospital” – something that future generations may not be able to say for some time after the Town, County and EDA approved a $60-million dollar bond issue for a new Valley Health hospital in town without a Maternity Ward – and a desire to assist in helping “the community heal a little bit” in the wake of public outrage surrounding the $21.3 million dollar Front Royal-Warren County Economic Development Authority financial scandal.

Todd Jones described a four-pronged approach to the new policy.

“So, I’m really excited about the opportunity to … help the Town communicate with its citizens, and really let the citizens have a better communications level with the Town Council and the Town staff,” Jones said in prefacing his outline of a communications plan.

Jones described a four-pronged approach addressing 1/ dialogue with citizens, including utilization of social media accounts – though not in a combative manner with any social media outlet communications that might be thrown the Town’s way Jones explained in response to a question; 2/ communications with the press featuring pre-submitted questions to Town officials; 3/ implementation of regular “Town Hall meetings” in which the public can engage in direct back and forth with Town officials, including department heads; and 4/ a 90-day review process between the communications officer, council, mayor and town manager on what is working and not working in the process.

About Number 2
On press row the immediate reaction was that pre-submitted questions, particularly to the Town’s elected officials, by the media would definitely not work, and would in fact be counterproductive to a number of crucial aspects of the press’s role in covering governmental affairs. Those aspects include acquiring elaboration on the thought process of individual council members and the mayor in presenting or rejecting policy initiatives and rationales for those policy and voting decision; as well as establishing that individual elected officials are doing their homework in reviewing staff agenda item summaries of the issues before them.

Contacted the following day about that aspect of his presentation, Jones said his goal in the pre-submitted media question aspect of his communications plan summary was “not to be restrictive” but rather to see that the Town was “speaking with a single voice, rather than hundreds of voices”.

When it was suggested that such a policy might be justified in communicating established departmental policies regarding Town services and the process of those services to the public, but not in media questioning of seven elected officials who often approach policy initiatives from different perspectives for differing reasons, Jones admitted, “There not the same thing, you’re right.”
He added that the developmental process of overall improved communications between the Town and the public was “all in the early stages – we’ll see how it ends up”.

And Jones stressed again that the goal was to improve the Town’s communications line with its citizens and make those citizens aware that the Town government is there for them; and to clarify how they can get answers to questions that impact their daily lives as residents of the Town of Front Royal – “to build a bridge between the people and the Town,” he said by phone Tuesday afternoon.

Just don’t let it end up like that John Lennon song “Walls and Bridges” from the media perspective, Todd, and we’ll be good.

As for the bridge of regular “Town Hall Meetings” during which citizens could get direct information from department heads on services, as well as council on issues, Jones suggested every 90 days.

However Mayor-Elect Gene Tewalt, who was chairing the work session in the temporary absence of Vice-Mayor Bill Sealock, suggested holding the Town Hall’s on a monthly basis after the turn of the year.

Jones suggested that another aspect of a Communications or Public Information Office or Officer would be to “coordinate with law enforcement on mass casualty drills and things like that … to make sure that the Town is aware of how to do that, so that you as council members know how to handle those types of things to prepare you for those types of mass casualty events and make sure the information gets out to the public accordingly”.

After the presentation Interim Town Manager Tederick added some comments on how he envisions the process proceeding.

“Just so I can lay out my vision as to how we are going to crawl, walk, run with this, we’re still trying to develop the system and the processees … of a public information office. I’d like for Todd to spearhead it, develop this as we go. It’s going to take several months of getting it up and running.

Interim Town Manager Tederick added some comments on how he envisions the process proceeding.

“And my idea is not to necessarily to make it a permanent position in our budget because I want to make sure if a new town manager comes in and then he gets his opportunity to flush it out and determine whether we want to make it a position, or maybe we want officers, that’s still an option as well,” Tederick told council.

See the entire discussion about the future of the Town of Front Royal’s communications with its citizens and the media in this exclusive Royal Examiner video:

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Local Government

Warren County Planning Commission Meeting of November 13, 2019

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At the Warren County Planning Commission meeting on November 13, 2018, the first item on the agenda was some unfinished business regarding the Backroom Brewery’s request for a special use permit to hold special events. Last month, several neighbors complained of noise and lights. The Commission approved and forward to the Board of Supervisors for final approval.

The first public hearing on the agenda from Cook’s Riverside, LLC which was placed on hold at the request of the applicant.

Next public hearing was from the Front Royal/Warren County Economic Development Authority to amend the Warren County Zoning Map and rezone approximately 2.03 acres from Residential One (R-1) to Commercial (C) and to rezone approximately 0.85 acres of the adjacent unnamed right-of-way areas to Commercial (C). The property is located off of Reliance Road, near the intersection with Winchester Road, identified as tax map 12A, section 1, block 13, as lots 1-14, and located in the North River Magisterial District.

Michael McKay spoke to the Commission about his concern for the preservation of the ruins of the McKay site.

The next public was an ordinance to amend Warren County Code Section 180-28 to include landscaping and horticulture services to be permitted by-right within the Industrial (I) zoning district; to amend Section 180-8 to add a definition of landscaping and horticulture services; and to add Section 180-49 to include supplemental regulations for landscaping and horticulture services.

The Commission authorized the following to be advertised:

A. 2019-11-01 – Stephen Aaron – A request for a conditional use permit for a short term tourist rental. The property is located at 1174 River Ridge Drive in the River Ridge on the Shenandoah Subdivision and identified on tax map 11E, as lot 5. The property is zoned Agricultural (A) and located in the North River Magisterial District.

B. 2019-11-02 – Asa and Andrea Foss – A request for a conditional use permit for a short-term tourist rental. The property is located at 653 Whitney Lane in Timberland Manor Estates Subdivision and identified on tax map 36D, section 1, as lot 2. The property is zoned Agricultural (A) and located in the South River Magisterial District.

C. Z2019-11-01 –Warren County Planning Commission – An ordinance to amend Warren County Code Sections 108-8, 180-10 and 180-40.1 regarding the use, parking, and storage of major recreational vehicles and equipment.

Requested items were approved to advertise.

Watch the Planning Commission meeting on this exclusive Royal Examiner video:

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Local Government

Town sends out ‘Request for Proposal’ for search consultant to recruit new Town Manager

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Town Hall Front Royal, Virginia

Here is the Request for Proposal that the Town Council has released for a search consultant to recruit a new Town Manager.

PART ONE – PURPOSE
The Town of Front Royal invites the submission of sealed proposals from executive search consultants with national experience in recruiting candidates for the position of Town Manager.

The Town is looking for a search firm that is capable of showcasing the community’s unique amenities, quality of life, and professional organization to attract a seasoned manager with demonstrated experience and success in leadership and management. The desired Town Manager should be someone that works, leads, and manages in a collaborative manner and can work with
Council, staff, and stakeholders to establish a vision, identify strategic goals and execute actions in an efficient fashion. The Town needs a leader with the highest ethical standards and integrity.

This Request for Proposal (RFP) is being issued by the Town of Front Royal with the intent to enter into a Contract for Services. The awarded contract will be for a period of one (1) year,
beginning on the date of final signature. The successful proposing firm will have experience in providing such services to government entities and other organizations of similar size and
complexity in the region and have the staff capacity and expertise to do so for the Town of Front Royal.

Cooperative Contracting
This solicitation is being conducted in accordance with the provisions of Virginia Code § 2.2-4304. This clause is intended to allow the successful Contractor to offer the goods and services requested in this solicitation to other public bodies. Offering to sell goods and services to other jurisdictions is voluntary on the Contractor’s part. A public body’s participation in the contract
is also voluntary. Failure to offer the terms and conditions of the contract to other jurisdictions neither disqualifies a bidder nor adversely affect the award of the contract. The successful Contractor must deal directly with a participating public body concerning placement of orders, issuance of Purchase Orders, contractual disputes, invoices and payments. In no event shall the
Town of Front Royal, its officials or staff be responsible for any costs, damages or injury as a result of any Town contract extended to a public body by the successful Contractor. The Town
of Front Royal acts only as the “Contracting Agent” for this contract. The Town assumes no responsibility for any notification of the availability of the contract for use by other public bodies. Other public bodies desiring to use the contract shall make their own legal determination as to whether the use of the contract is consistent with their laws, regulations, and other policies.

Any participating public body has the option of executing a separate contract with the successful Contractor. Contracts entered into with a participating public body may contain general terms
and conditions unique to that public body. If, when preparing such a contract, the general terms and conditions of the participating public body are unacceptable to the successful contractor, the
Contractor may withdraw its extension of the contract to that participating public body.

An RFP is used for procurement of services in situations where price is not the sole determining factor and the award will be based on a combination of cost and technical factors (Best Value).
Through its proposal, the Offeror offers a solution to the objectives, problems, and needs specified in this RFP, and defines how it intends to meet (or exceed) the RFP requirements.

The Town of Front Royal may cancel this Request for Proposals or reject proposals at any time prior to an award and is not required to furnish a statement of the reasons why a particular proposal
was not deemed to be the most advantageous (Code of Virginia, § 2.2-4359D).

INFORMATION
The legislative and policy making body of the Town is the Mayor and the six-member Town Council whose members are elected. The Town Council appoints the Town Manager, who serves as Chief Administrative Officer. It is the Town Manager’s responsibility to hire department heads. The Town currently employs approximately 172 full-time equivalent employees.

The Town has contracted with an Interim Town Manager while the search for a permanent Town Manager is underway.

The Town of Front Royal has an estimated population of 14,666, and Warren County has an additional 23,404 residents surrounding Front Royal.

Location
Front Royal is centrally located near the intersection of Interstates 66 and 81, and 70 miles west of Washington DC. The Town is also located at the confluence of the North and South Forks of
the Shenandoah River. Front Royal is also just south of the Virginia Inland Port, a truck container to rail port network serving the deep-water ports of Virginia in Norfolk.

Education
Two top-rated universities are located in Warren County: Christendom College and George Mason University’s Smithsonian-Mason School of Conservation located at the Smithsonian Conservation Biology Institute.

The Warren County Public School system offers students accredited courses of study in addition to offering students programs at the Blue Ridge Technical Center, the Project Lead the Way
Study Programs in engineering and biomedical sciences, and study at the Mountain Vista Governor’s School. In addition, Front Royal is home to Randolph Macon Academy, an Air Force
affiliated co-ed day and boarding school for students in grades 6 through 12.

STATEMENT OF NEEDS
The Town needs to develop a plan for soliciting potential candidates and presenting finalists to the Town Council by:

Interviewing the Mayor, Town Council, and Department Heads to determine an overall understanding of the Town and how it functionally operates.

Questioning all Town Council Members and the Mayor to develop the general criteria and skillsets for the position of Town Manager.

Questioning all Town Council Members and the Mayor to determine a general vision they have for the future of the Town in order to ensure the finalists have the same general vision.

Designing a robust public participation process for Council approval so that residents and employees can provide their comments and thoughts about attributes they want in the Town
Manager.

Meeting with the Town Council as necessary to facilitate the development of an appropriate candidate profile and list of priorities for the new Town Manager.

Developing a position profile, and all recruiting material in conjunction with the Town Council, Interim Town Manager, and other key individuals and sources selected by the Council, that
addresses the specific leadership qualities, duties, responsibilities, operational issues, education and training, personal characteristics and traits, and other factors that are relevant to the position.

Conducting all recruiting efforts for the position including targeted mailings, selected advertising, networking, direct inquiries, and use of consultant’s knowledge of potential candidates.

Answering questions from candidates and collecting application materials.

Reviewing all application materials received, comparing them to the candidate profile and performing screening interviews as needed.

Working with the Town Council to select 4-6 finalists; prepare a summary report on all finalists; determine and prepare appropriate interview/selection process for Council, staff and the
community to conduct in-depth interviews of each finalist; and participate and manage all interviews and community sessions with the assistance of the Interim Town Manager.

Conducting detailed background investigations (including, but not limited to, social media) and verify references and credentials of finalists. Prepare a detailed report on each finalist.

Assisting the Town Council and all stakeholders in the interview and selection process.

Assisting in the negotiation of an employment agreement with the final candidate, as directed by the Town Council and coordinated with the Interim Town Manager and Town Attorney.

The consultant may continue to provide the services above until a Town Manager is appointed, or until the contract is cancelled by the Town. In addition, should the newly appointed Town
Manager be terminated for cause or resign within twenty-four (24) months, the consultant may conduct a replacement search at no charge.

Schedule:
The Town intends to award a contract before July 1, 2020. The Town is interested in an expedited yet thorough recruitment process, and in completing the search and selection process for the new Town Manager as soon as practical.

PART TWO – PROPOSAL PREPARATION & SUBMISSION INSTRUCTIONS
Proposers are asked to respond and to tab their proposals according to the following items in the sequence presented:

Qualifications. Describe the background, public sector experience, and executive search capabilities of your firm. Please give specific information regarding your qualifications to conduct Town Manager searches for entities similar to the Town of Front Royal. Describe in what ways have members of your firm developed personal contacts with potential candidates for this position.

Scope of Services. Provide a scope of services and a proposed outline of tasks, products, and recruitment schedule. Major proposed deviations from the desired scope of services outlined in
this request for proposal should be clearly noted.

Consulting Staff. Provide the name of the individual responsible for the recruitment including subcontractors, the percentage of the time said individual will allocate to the recruitment, and the
specific experience of the individual relative to the recruitment. Describe how many successful searches the consulting staff has conducted within the last two years. Identify how many other
executive searches the responsible person currently is involved in.

References. Provide a list of a minimum of five (5) clients who can verify your firm’s ability to provide the scope of services requested, include a brief description of the work along with contract award and completion dates for each recruitment. For each reference, include the name(s), telephone number(s) and email address(es) of the client’s project manager.

Cost. Provide a cost proposal that includes a lump sum fee and estimate of detailed expenses.

Approach. Provide a general description, based on experience, as to how the firm would approach the process, including methodology and estimated timelines, and how they would involve stakeholders and work together with the Town towards final appointment of the successful candidate. Identify how the firm will ensure that the Town receives prompt and timely attention throughout this process.

Sample Materials. Please provide 3-5 recent samples of recruiting specifications, community/agency profiles, recruitment brochures, invitee letters, announcements, and so forth from your firm.

Required Signature Pages. See Exhibit B.

Submission of Proposals & Questions
Sealed proposals, subject to the specifications and conditions contained hereto, will be received in the Purchasing Department until 2:00 P.M., THURSDAY, DECEMBER 4, 2019.

Proposals are to be mailed to the Town of Front Royal, ATTN: Alisa Scott, Purchasing Manager, P.O. Box 1560, Front Royal, Virginia 22630. Proposals may also be hand delivered until the scheduled date and time shown above to the Purchasing Department, 102 E. Main Street, Front Royal.

The outermost envelope which a proposal and copies is contained therein must be clearly marked “EXECUTIVE SEARCH”. The Town of Front Royal is not responsible for delays in the delivery
of the mail by the U.S. Postal Service, private couriers, or the inter-office mail system. It is the sole responsibility of the Offeror to ensure this its proposal reaches the Town of Front Royal by
the designated date and hour.

Any proposal received after the announced time and date of the submittal deadline will not be considered.

One (1) original and nine (9) copies of your proposal must be received by the Town by December 4, 2019 Proposals shall be submitted the following address:

Town of Front Royal
Attn: Alisa Scott, Purchasing Manager
PO Box 1560
102 E. Main Street
Front Royal VA 22630

If the Town of Front Royal has closed due to inclement weather and/or emergency situations prior to or at the time set aside for receipt of proposals, the published due date will default to the
next open business day at the same time.

Deadline changes and any addenda shall be transmitted by e-mail to all registered holders of the Request for Proposal. Request for a copy of the RFP does not commit the holder to submit a
proposal.

All costs of proposal preparation and presentation shall be borne by each Offeror. The Town of Front Royal is not liable for any cost incurred by the Offeror prior to issuance of a contract.

Submittal of a proposal indicates acceptance by the proposer of the conditions contained in this request. The Town of Front Royal reserves the right to reject without prejudice any or all
responses. The Town of Front Royal reserves the right to waive formalities and negotiate with any proposer. The Town of Front Royal reserves the right to amend the specifications of this
Request for Proposals and request new and/or updated proposals at any time prior to award of contract.

The Town shall select the best proposal based upon the evaluation criteria.

Each Offeror is responsible for examining and understanding this RFP prior to submitting a proposal. Offerors assume all risk of errors contained in this procurement process and no contract
awarded will be increased to cover costs that should have been anticipated by the Offeror in examining the documents.

The Town of Front Royal reserves the right to request verification, validation or clarification of any information contained in a proposal.

Proposals shall be valid for ninety (90) days following the opening date. No proposal may be withdrawn or changed during this period.

Submitted proposals shall be available to the public for review for a period of sixty (60) days after award of contract.

All communication regarding this RFP shall be directed to the following contact:

Julie Bush – HR Director
Town of Front Royal
102 E. Main Street
P.O. Box 1560
Front Royal, VA 22630
(540) 635 – 3929
jbush@frontroyalva.com

Ms. Bush will provide all respondents with any information required to successfully prepare a response which will meet the Town’s needs.

Contact with other Town employees regarding this RFP is prohibited without prior consent.

Vendors that directly contact employees risk elimination.

Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict competition. On the contrary, all responsible firms are encouraged to submit proposals.

The awarding authority for this contract is the Town of Front Royal. It is understood and agreed that the contract generated from this Proposal shall be subject to annual appropriations by the
Town of Front Royal Town Council. Should the Council fail to appropriate funds for the contract, the contract will be terminated when funds are exhausted. There shall be no penalty should the
Council fail to make annual appropriations for the contract.

The Town of Front Royal reserves the right to accept or reject any and all proposals; to waive informalities; to negotiate with the lowest qualified Offeror in order to stay within available budget
funding; and to award the project as deemed in its judgment to be in the best interest of the Town of Front Royal.

All Offerors shall abide by all applicable State and Federal laws.

The Town of Front Royal does not discriminate against small and minority businesses.

The Town of Front Royal reserves the right to accept or reject any and all proposals.

PART THREE EVALUATION AND AWARD CRITERIA
Each proposal will be independently evaluated on the criteria listed below. Points assigned to each category are listed in parentheses:

Consultant Experience/Qualifications (20 points). Experience in providing services similar to those requested and having obtained favorable outcomes (“Favorable outcomes” should be
measured in terms of number of Town Managers placed, length of service of Town Managers placed and level of satisfaction with those Town Managers).

Cost (10 points). Total estimated fees and expenses for the services broken down by task. While cost will be a consideration in the award of the contract, the contract will not necessarily be
awarded to the firm submitting the lowest cost proposal. The Town’s intent is to award the contract to the firm whose proposal is deemed to offer the best overall value and fit to the needs
of the organization.

Dependability (20 points). Ability and commitment to complete the work within the required time frame and proposed cost as evidenced by documentation provided through references.

Sample Materials (10 points). Quality and quantity of recruiting specifications, community/agency profiles, recruitment brochures, invitee letters and announcements provided.

References (20 points). Quality and quantity of client references provided. Evaluation of past recruitments as stated by references in the proposal and of relevance of past experience as
reported in this submission.

Quality of Response (20 points). The overall quality of the response, conformance to format, approach, and its responsiveness to this request for proposal.

PART FOUR GENERAL TERMS AND CONDITIONS ETHICS IN PUBLIC CONTRACTING
By submitting their proposal, all Offerors certify that their proposal is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other
Offeror, supplier, manufacturer or sub-contractor in connection with their proposal, and that they have not conferred with any public employee having official responsibility for this procurement
transaction, any payment, loan, subscription, advance, deposit of money, services or anything more than nominal value, present or promised, unless consideration of substantially equal or greater
value was exchanged.

LICENSES AND PERMITS
The Offeror agrees that it has procured all licenses, permits, or other like permission required by law to conduct or engage in the activity requested within this RFP; that it will procure all additional licenses, permits, or like permission required by law during the term of the Contract; and that it will keep such licenses, permits, and permissions in full force and effect during the term of the Contract.

INEPENDENT CONTRACTOR
The Offeror understands and agrees that the relationship of the Offeror to the Town arising out of the Contract shall be that of Independent Contractor. It is understood that the Offeror, or its staff
and employees, are not employees of the Town and are, therefore, not entitled to any benefits. The Offeror shall be responsible for reporting and accounting for all State, Federal, Social Security,
and local taxes where applicable.

PAYMENT
To the Independent Contractor:

a. The Town shall promptly pay for the completed services or delivered goods described in the RFP by the required date. The required payment date shall be either: (1) the date on which payment is due under the terms of the contract, or (2) if a date is not established by the contract, not more than forty-five (45) days after goods or services are received or not more than forty-five (45) days after an invoice is rendered, whichever is later. Separate payment dates may be specified for contracts under which goods or services are provided in a series of partial executions or deliveries to the extent that the contract provides for separate payment for partial execution or delivery. Within twenty (20) days after the receipt of an invoice for goods or services, the Town shall notify the supplier of any defect or impropriety that would prevent payment by the required payment date. If the Town fails to make payment by the required payment date, the Town shall pay any finance charges assess by the supplier that shall not exceed one percent (1%) per month. Where payment is made by mail, the date of the postmark shall be deemed to be the date the payment is
made.

b. Individual Independent Contractors shall provide their Social Security numbers, and proprietorships, partnerships, and corporations shall provide the Town of Front Royal with a Federal Employer Identification number, prior to receiving any payment from the Town.

c. Invoices for items ordered, delivered and accepted shall be submitted by the Independent Contractor directly to this payment address:

Town of Front Royal
Purchasing Department
P.O. Box 1560
Front Royal, VA 22630

All invoices shall show the applicable Purchase Order number.

d. The Independent Contractor shall monthly furnish an invoice to the Town for services rendered that month. All goods or services provided under this contract or Purchase Order, that are to be paid for with public funds, shall be billed by the Independent Contractor at the contract price, regardless of which Town department is being billed.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, Independent Contractors should put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges.

Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the Town shall promptly notify the Independent Contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A Independent Contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute. (Code of Virginia § 2.2-4363).

To Subcontractors:
a. An Independent Contractor awarded a contract under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) within seven (7) days of the Independent Contractor’s receipt of payment from the Town for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or (2) To notify the agency and the subcontractor(s), in writing, of the Independent Contractor’s intention to withhold payment and the reason.

b. The Independent Contractor is obligated to pay the subcontractor(s) interest at the rate of one percent (1%) per month (unless otherwise provided under the terms of the contract) on all amounts owed by the Independent Contractor that remain unpaid seven (7) days following receipt of payment from the Town, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U.S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. An Independent Contractor’s obligation to pay an interest charge to a subcontractor cannot be construed to be an obligation of the Town of Front Royal.

REPORTS
The Independent Contractor shall complete, maintain, and submit to the Town all records and reports and lists of services rendered when such services are rendered.

SERVICES RENDERED
The Independent Contractor shall perform all services to be rendered pursuant to the Contract at the location specified above. The Independent Contractor agrees to maintain all facilities and
equipment used by Independent Contractor under the Contract in clean, sanitary, and safe condition and free from defects of every kind.

TAXES
The Independent Contractor shall pall all County, Town, State and Federal taxes required by law and resulting from the work or traceable thereto, under whatever name levied. Said taxes shall
not be in addition to the Contract price between the Town of Front Royal and the Independent Contractor, as the taxes shall be solely an obligation of the Independent Contractor and not the
Town, and the Town shall be held harmless for same by the Independent Contractor. The Town of Front Royal is exempt from State Sales Tax and Federal Excise Tax. A Tax Exemption
Certificate indicating the Town’s exempt status will be furnished by the Town of Front Royal upon request.

BUSINESS LICENSE REQUIREMENT
If a business is in the Town of Front Royal, it is unlawful to conduct or engage in that business without obtaining a business license.

COMPLIANCE WITH FEDERAL IMMIGRATION
The Independent Contractor does not and shall not during the performance of the Contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in
the federal Immigration Reform and Control Act of 1986.

COMPLIANCE WITH STATE LAW
The Independent Contractor shall comply with section 2.2-4311.2 of the Code of Virginia pertaining to foreign and domestic businesses authorized to transact business in the Commonwealth.

TERMINATION FOR CAUSE
The Contract may be terminated by the Town upon fifteen (15) days written notice to the Independent Contractor to the address first named above in the event of substantial failure or default of the Independent Contractor to perform in accordance with the terms hereof through no fault of the Town’s.

TERMINATION FOR CONVENIENCE
The obligation to provide further services under the Contract may be terminated by the Town for its convenience and not for cause upon fifteen (15) days written notice. The Independent Contractor shall be compensated for work performed through the date of termination and for termination expenses, including any expenses directly attributable to termination and for which
the Independent Contractor is not otherwise compensated. Termination expenses shall not, however, include loss profits on services not performed as a result of such termination for
convenience.

NOTICE
Any notice which is required to be given, or which may be given under the Contract, shall be sent to those mailing addresses noted in the first paragraph of the Contract.

NON-ASSIGNABILITY
The Independent Contractor understands that the Contract is a contract with the professional services of the Independent Contractor and that it is made by the Town in reliance on the Independent Contractor’s personal skills and knowledge in the activity to be conducted and as represented by the Independent Contractor. Accordingly, the Contract is non-assignable by the
Independent Contractor without the express written advance permission of the Town.

INSURANCE
The Independent Contractor shall procure and maintain the general liability insurances shown below, with the Town named as Additional Insured, for protection from claims arising out of
performance of services caused by negligent, reckless, or willful error, omission or act for which the Independent Contractor is legally liable. The Independent Contractorshall deliver to the Town,
upon execution of the Contract, certificates of such insurance. Insurance shall provide for coverage effective through the date of the end of the Project.

Comprehensive General Liability Insurance, naming the Town as Additional Insured
Automobile Liability, naming the Town as Additional Insured
Worker’s Compensation

AMOUNT OF INSURANCE REQUIRED
Comprehensive General Liability Insurance – $1,000,000 Minimum per Incident
Automobile Liability Insurance – $1,000,000 bodily injury and $1,000,000 property damage
Worker’s Compensation – As required by the Commonwealth of Virginia

INDEMNIFICATION
The Contractor shall indemnify, keep and hold harmless the Town of Front Royal and its members of Council, officers, directors, agents, employees and volunteers against any and all claims of
injuries, death, damage to property, theft, patent claims, suits, liabilities, judgements, costs and expenses (including reasonable attorney fees) which may otherwise accrue against the Town in
consequence of the granting of a contract which may otherwise result therefrom, if it shall be determined that the act was caused through negligence or error, or omission of the contractor or
his or her employees, or that of the subcontractor or his or her employees, if any; and the contractor shall, at his or her own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and if any judgement shall be rendered against the Town in any such action, the contractor shall, at his or her own expense, satisfy and discharge the same. The contractor expressly understands and agrees that any performance bond or insurance protection required by this contract, or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Town as herein provided. The provisions of this section shall survive the completions,
terminations or expiration of the contract.

ENTIRE CONTRACT
The Contract constitutes the entire agreement between the parties pertaining to the subject matter of the Contract and supersedes all prior or contemporaneous agreements and understandings of the parties in connection with the subject matter. No modification of the Contract shall be effective unless made in writing and signed by both parties.

STANDARD OF CARE
The Independent Contractor shall perform the services as described by the Contract expeditiously and diligently and in accordance with the standard of care and skill ordinarily exercised under similar conditions by reputable members of its profession or trade practicing in the same or similar locality within the Commonwealth of Virginia existing as of the date such services are provided and in accordance with all applicable laws, codes, and regulations in effect as of the date such services are provided

ENFORCEMENT
The Contract shall be governed by the laws of the State of Virginia. Any action maintained by either party for the enforcement or interpretation of the terms of the Contract shall be filed in the
courts of Warren County, Virginia.

PART FIVE ATTACHMENTS
Any resulting contract will be based on the Town of Front Royal sample contract – Attachment A.

All proposals are to include the Town’s required signature pages – Attachment B.

THIS IS A SAMPLE AGREEMENT THAT WILL BE ENTERED INTO BETWEEN THE TOWN AND THE INDEPENDENT CONTRACTOR. THE AGREEMENT IS PART OF THIS SOLICITATION.

THIS AGREEMENT IS SUBJECT TO REVIEW BY THE TOWN ATTORNEY.

ATTACHMENT A SAMPLE CONTRACT FOR SERVICES
THIS CONTRACT FOR SERVICES is made and entered into this ______ day of __________________, 20_____, by and between THE TOWN OF FRONT ROYAL, VIRGINIA, a Municipal Corporation, whose address is 102 East Main Street, Front Royal, Virginia 22630 (hereinafter referred to as the “Town”), and INDEPENDENT CONTRACTOR., a STATE Corporation, whose street address is INDEPENDENT CONTRACTOR ADDRESS, and whose mailing address is SAME (hereinafter called the “Contractor”).

W I T N E S S E T H:
That for and in consideration of the mutual promises contained herein, the Town agrees to purchase, and the Contractor agrees provide the following described services:

EXECUTIVE SEARCH SERVICES
1. Place of Service Performance/Delivery:
FRONT ROYAL, VA 22630

2. Time of Service Delivery: Normal working business hours for this project will be 7:00 A.M. to 5:00 P.M., Monday through Friday, unless otherwise approved by the Town of Front Royal. Work will not be permitted on any Town of Front Royal holidays, which include New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve Day, and Christmas Day.

3. Term of Contract: This Contract shall be in effect beginning with the date of the final signature on the contract and continuing (if not otherwise terminated pursuant to the terms of this agreement) until final approval by the Town of the service performed.

4. Payment: a. The Town shall promptly pay the sum of SUM for the completed services or delivered goods described in Attachment A “Proposal Response” by the required date. The required payment date shall be either: (1) the date on which payment is due under the terms of the contract, or (2) if a date is not established by the contract, not more than forty-five (45) days after goods or services are received or not more than forty-five (45) days after an invoice is rendered, whichever is later. Separate payment dates may be specified for contracts under which goods or services are provided in a series of partial executions or deliveries to the extent that the contract provides for separate payment for partial execution or delivery. Within twenty (20) days after the receipt of
an invoice for goods or services, the Town shall notify the supplier of any defect or impropriety that would prevent payment by the required payment date. If the Town fails to make payment by the required payment date, the Town shall pay any finance charges assess by the supplier that shall not exceed one percent (1%) per month. Where payment is made by mail, the date of the postmark shall be deemed to be the date the payment is made.

b. Individual Contractors shall provide their Social Security numbers, and proprietorships, partnerships, and corporations shall provide the Town of Front Royal with a Federal Employer Identification number, prior to receiving any payment from the City.

c. Invoices for items ordered, delivered and accepted shall be submitted by the Contractor directly to this payment address:

Town of Front Royal
Accounts Payable
P.O. Box 1560
Front Royal, VA 22630

All invoices shall show the applicable Purchase Order number.

d. The Contractor shall monthly furnish an invoice to the Town for services rendered that month. All goods or services provided under this contract or Purchase Order, that are to be paid for with public funds, shall be billed by the Contractor at the contract price, regardless of which Town department is being billed.

e. Unreasonable Charges. Under certain emergency procurements and for mote time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, Contractors should put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached.

Upon determining that invoiced charges are not reasonable, The Town shall promptly notify the Contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A Contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute. (Code of Virginia § 2.2-4363).

To Subcontractors:
a. A Contractor awarded a contract under this solicitation is hereby obligated:
(1) To pay the subcontractor(s) within seven (7) days of the Contractor’s receipt of payment from the Town for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or (2) To notify the agency and the subcontractor(s), in writing, of the Contractor’s intention to withhold payment and the reason.

b. The Contractor is obligated to pay the subcontractor(s) interest at the rate of one percent (1%) per month (unless otherwise provided under the terms of the contract) on all amounts owed by the Contractor that remain unpaid seven (7) days following receipt of payment from the Town, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U.S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A Contractor’s obligation to pay an interest charge to a subcontractor cannot be construed to be an obligation of the Town of Front Royal.

5. Reports: The Contractor shall complete, maintain, and submit to the Town all records and reports and lists of services rendered when such services are rendered.

6. Services Rendered: The Contractor shall perform all services to be rendered pursuant to this Contract at the location specified above. The Contractor agrees to maintain all facilities and equipment used by the Contractor under this Contract in clean, sanitary, and safe condition and free from defects of every kind.

7. Licenses and Permits: The Contractor agrees that it has procured all licenses, permits, or other like permission required by law to conduct or engage in the activity provided for in this Contract; that it will procure all additional licenses, permits, or like permission required by law during the term of this Contract; and that it will keep such licenses, permits, and permissions in full force and effect during the term of this Contract.

8. Independent Contractor: The Contractor understands and agrees that the relationship of the Contractor to the Town arising out of this Contract shall be that of independent contractor. It is understood that the Contractor, or its staff and employees, are not employees of the Town and are, therefore, not entitled to any benefits provided employees of the Town. The Contractor shall be responsible for reporting and accounting for all State, Federal, Social Security, and local taxes where applicable.

9. Non-Discrimination: During the performance of this agreement the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, natural origin, age, disability, status as a service disabled veteran or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary for the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

b. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that the Contractor is an equal opportunity employer. The Town of Front Royal does not discriminate against faith-based organizations.

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

d. The Contractor will include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over $10,000.00 so that the provisions will be binding upon each sub-contractor or vendor.

10. Compliance with Federal Immigration Law: The Contractor does not, and shall not during the performance of the Contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

11. Compliance with State Law: The Contractor shall comply with section 2.2-311.2 of the Code of Virginia pertaining to foreign and domestic businesses authorized to transact business in the Commonwealth.

12. Drug-Free Workplace: For the purpose of this section, “drug-free workplace” means a site for the performance of work done in connection with this contract awarded to the Contractor in accordance with this procurement transaction.

During the performance of this contract, the Contractor agrees to:
a. Provide a drug-free workplace for the Contractor’s employees b. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition c. State in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace d. Include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

13. Termination for Cause: This Contract may be terminated by the Town upon fifteen (15) days written notice to the Contractor to the address first named above in the event of substantial failure or default of the Contractor to perform in accordance with the terms hereof through no fault of the Town’s.

14. Termination for Convenience: The obligation to provide further services under this Contract may be terminated by the Town for its convenience and not for cause upon fifteen (15) days written notice. The Contractor shall be compensated for work performed through the date of termination and for termination expenses, including any expenses directly attributable to termination and for which the Contractor is not otherwise compensated. Termination expenses shall not, however, include loss profits on services not performed as a result of such termination for convenience.

15. Notice: Any notice which is required to be given, or which may be given under this Contract, shall be sent to those mailing addresses noted in the first paragraph of this Contract.

16. Non-Assignability: Independent contractor understands that this Contract is a contract with the professional services of the Contractor and that it is made by the Town in reliance on the Contractor’s personal skills and knowledge in the activity to be conducted and as represented by the Contractor. Accordingly, this Contract is non-assignable by the Contractor without the express written advance permission of the Town.

17. Insurance: The Contractor shall procure and maintain the general liability insurances shown below, with the Town names as Additional Insured, for protection from claims arising out of performance of services caused by negligent, reckless, or willful error, omission or act for which the Contractor is legally liable. The Contractor shall deliver to the Town, upon execution of this Agreement, certificates of such insurance. Insurance shall provide for coverage effective through the date of the end of the Project.

Comprehensive General Liability Insurance, naming the Town as Additional Insured
Automobile Liability, naming the Town as Additional Insured
Worker’s Compensation

18. Amount of Insurance Required:
Comprehensive General Liability Insurance – $1,000,000 Minimum per Incident
Automobile Liability Insurance – $1,000,000 bodily injury and $1,000,000 property damage
Worker’s Compensation – As required by the Commonwealth of Virginia

19. Indemnification: The Independent contractor shall indemnify, keep and hold harmless the Town of Front Royal and its members of Council, officers, directors, employees and volunteers against any and all third party claims of injuries, death, damage to property, theft, patent claims, suits, liabilities, judgements, costs and expenses (including reasonable attorney fees) which may otherwise accrue against the Town in consequence of the granting of a Contract which may otherwise result therefrom, to the extent it shall be determined that the claim was caused through
negligence or error, or omission of the Independent contractor or his or her employees, or that of the Subcontractor or his or her employees, if any; and the Independent contractor shall, to the extent of its obligation above, pay all reasonable charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and if any judgement shall be rendered against the Town in any such action, the Service Provide shall, to the same extent, at its own expense, satisfy and discharge the same. The Independent contractor expressly understands and agrees that any performance bond or insurance protection required by this Contract, or otherwise provided by the Independent contractor shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the Town as herein provided. The provisions of this section shall survive the completions, terminations or expiration of the Contract.

20. Entire Contract: This Contract constitutes the entire agreement between the parties pertaining to the subject matter of this Contract and supersedes all prior or contemporaneous agreements and understandings of the parties in connection with the subject matter. No modification of this Contract shall be effective unless made in writing and signed by both parties.

21. Force Majeure: The Contractor shall not be held responsible for failure to perform the duties and responsibilities imposed by this Contract if such failure is due to fires, riots, rebellions, natural disasters, wars, or an act of God beyond control of the Contractor, and outside and beyond the scope of the Contractor’s then current, by industry standards, disaster plan that make performance impossible or illegal, unless otherwise specified in the Contract.

22. Antitrust: By entering into this Contract, the Contractor conveys, sells, assigns and transfers to the Town of Front Royal all rights, title, and interest in and to all causes of action the Contractor may now have or hereafter acquire under the antitrust laws of the United States or the Commonwealth of Virginia, relating to the goods or services purchased or acquired by the Town of Front Royal under this Contract.

23. Additional Terms and Conditions: The following attachments are made a part of this Contract and are incorporated herein:
(1) Attachment “A” – PROPOSAL RESPONSE
(2) Attachment “B” – PROPOSAL PRICING SCHEDULE

24. Standard of Care: The Contractor shall perform the services herein described expeditiously and diligently and in accordance with the standard of care and skill ordinarily exercised under similar conditions by reputable members of its profession or trade practicing in the same or similar locality within the Commonwealth of Virginia existing as of the date such services are provided and in accordance with all applicable laws, codes, and regulations in effect as of the date such services are provided.

25. Enforcement: This Contract shall in all aspects be governed by the laws of the Commonwealth of Virginia. Any action maintained by either party for the enforcement or interpretation of the terms of this Contract shall be filed in the courts of Warren County, Virginia. The Contractor shall comply with all applicable federal, state and local laws, rules and regulations.

IN WITNESS WHEREOF, the undersigned parties hereto have made and executed this Contract as the
day and year first above written.

(SEAL) TOWN OF FRONT ROYAL, VIRGINIA
Attest: ________________________________ BY: _________________________________

Printed Name: _________________________ Type Name: ________________________
Title: _________________________________ Title: _______________________________
Date: _______________________________

(SEAL) INDEPENDENT CONTRACTOR:
Attest: _________________________________ ____________________________________
Printed Name: __________________________ BY: ________________________________
Title: __________________________________ Printed Name: ______________________
Title: ______________________________
Date: ______________________________

APPROVED AS TO FORM:
_________________________________________
Douglas W. Napier, Town Attorney
DATE: __________________________________

ATTACHMENT B REQUIRED SIGNATURE PAGES
PLEASE NOTE: STATE CORPORATION COMMISSION (SCC) REGISTRATION
REQUIREMENTS effective July 1, 2010 require that your proposal include the identification number issued by the State Corporation Commission as proof of registration or justification for non-registration, per the requirements in Sections 6.31 and 9.21. Please complete this Proof of Authority to Transact Business in Virginia form and submit it with your proposal. Failure to provide this information or providing inaccurate or purged information shall result in your proposal being rejected.

State Corporation Commission Form
Virginia State Corporation Commission (SCC) Registration Information Pursuant to VPPA §2.2-4311.2, the bidder must include the following information: o is a corporation or other business entity with the following SCC identification number:

-ORo is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -ORo is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the bidder in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from bidder’s out-of-state location)

-ORo is an out-of-state business entity that is including with this proposal an opinion of legal counsel which accurately and completely discloses the undersigned bidder’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

Attach opinion of legal counsel to this form.
o NOTE: Check this circle if you have not completed any of the foregoing options but currently have pending before the SCC and application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals. (The Town of Front Royal reserves the right to determine in its sole discretion whether to allow such waiver).

I certify the accuracy of this information.
Signed: Title: Date:

REQUIRED SIGNATURE PAGES NON-COLLUSION AFFIDAVIT
The undersigned bidder or agent, being duly sworn on oath, says that he/she has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership
represented by him, entered in to any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding
nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in
reference to such bidding. He/She further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee gift, commission or thing of value
on account of such sale.

OATH AND AFFIRMATION
I HEREBY AFFIRM UNDER THE PENALITIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID ARE TRUE AND CORRECT.
Dated this day of , 2019
(Name of Organization)
(Title of Person Signing)
(Signature)

ACKNOWLEDGEMENT STATE OF COUNTY OF
Before me, a Notary Public, personally appeared the above named and swore that the statements contained in the foregoing document are true and correct.
Subscribed and sworn to me this day of , 2019
Notary Public Signature
My Commission Expires: (SEAL)

REQUIRED SIGNATURE PAGES
CONFLICT OF INTEREST: The undersigned certifies and warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest, which is defined as a situation in which the nature or work under the contract and the offeror’s organizational, financial, contractual or other interest are such that award of the contract may result in the offeror receiving an unfair competitive advantage, or the offeror’s objectivity in performing the contract work may be impaired. The offeror agrees that if after being awarded it discovers an organizational conflict of interest with respect to the being awarded, it shall make an immediate and full disclosure in writing to the Town of Front Royal which shall include a description of the action which the offeror has taken or intends to take to eliminate or neutralize the conflict.

INDICATE THE NAME AND CONTACT INFORMATION OF THE PERSON WHO CAN RESPOND AUTHORITATIVELY TO ANY QUESTIONS REGARDING THIS PROPOSAL (I.E. PROJECT MANAGER).

Dated this day of , 2019
(Name of Organization)
(Title of Person Signing)
(Signature)
ACKNOWLEDGEMENT STATE OF COUNTY OF
Before me, a Notary Public, personally appeared the above named and swore that the statements contained in the foregoing document are true and correct.
Subscribed and sworn to me this day of , 2019
Notary Public Signature
My Commission Expires: (SEAL)

REQUIRED SIGNATURE PAGES
In compliance with this Request for Proposals and to all the conditions imposed herein, the undersigned offers and agrees to furnish the services in accordance with the proposal response.

LEGAL NAME & ADDRESS OF FIRM:
By:
Company’s Legal Name Authorized Representative – Signature in Ink
Printed Name:
Title:
Date:
Phone:
Email:
Fax:

In compliance with this RFP, and subject to all the conditions thereof, the signatory offers, if this bid is accepted within thirty (30) calendar days from the date of the opening, to furnish any or all of the items and/or services upon which prices are quoted, at the price set opposite each item, to be delivered at the time and place specified herein. The above signature certifies the bidder has read, understands, and agrees to all terms, conditions, and requirements of this bid, and is authorized to contract on behalf of firm named above.

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Upcoming Events

Nov
23
Sat
10:30 am Children’s Class: Drawing A Self... @ Art in the Valley
Children’s Class: Drawing A Self... @ Art in the Valley
Nov 23 @ 10:30 am – 12:30 pm
Children's Class: Drawing A Self Portrait @ Art in the Valley
In this class students will learn how to draw facial features and the proportions used for placement of features on a face.  They will complete a self portrait using graphite. Classes are designed for the[...]
2:30 pm The Princess & the “P___” @ Samuels Public Library
The Princess & the “P___” @ Samuels Public Library
Nov 23 @ 2:30 pm – 4:00 pm
The Princess & the “P___” @ Samuels Public Library
Lyla sees no purpose to princes. They’re ugly, stupid—and obnoxious! Why can’t Hagabah see that, and why must the master insist that she keep the prince around three more days? The world would be a[...]
4:00 pm Grounding & Gratitude: A restora... @ Strokes of Creativity
Grounding & Gratitude: A restora... @ Strokes of Creativity
Nov 23 @ 4:00 pm – 5:30 pm
Grounding & Gratitude: A restorative yoga workshop @ Strokes of Creativity
Whether you have family visiting or the stress of a shortened work week, the week of Thanksgiving can be overwhelming. This gentle, all-levels, restorative yoga class is designed to help you calm anxiety and restore[...]
Nov
26
Tue
1:30 pm Botanical Drawing II: Drawing in... @ Art in the Valley
Botanical Drawing II: Drawing in... @ Art in the Valley
Nov 26 @ 1:30 pm – 4:00 pm
Botanical Drawing II: Drawing in Color @ Art in the Valley
Learn and practice the art of botanical drawing in colored pencil with local artist and instructor Elena Maza. This four week course will focus on continuing to build drawing skills as applied to botanicals: students[...]
Nov
27
Wed
1:30 pm Botanicals in Watercolor I @ Art in the Valley
Botanicals in Watercolor I @ Art in the Valley
Nov 27 @ 1:30 pm – 4:00 pm
Botanicals in Watercolor I @ Art in the Valley
This four week course with instructor, Elena Maza, will deal with the basic three-primary color palette, different pigments and how they interact, how to mix all colors from three primary colors, how to apply washes,[...]
Nov
29
Fri
10:00 am Studio Sale & Community Art Walk @ Art in the Valley
Studio Sale & Community Art Walk @ Art in the Valley
Nov 29 @ 10:00 am – 6:00 pm
Studio Sale & Community Art Walk @ Art in the Valley
Join us for our Holiday Studio Sale and Community Art Walk on Friday, Nov. 29, and Saturday, Nov. 30, from 10am to 6pm. Enjoy a free hot chocolate or a glass of wine (while supplies[...]
7:00 pm Love Revival Thanksgiving Dinner @ Love Revival Ministry Center
Love Revival Thanksgiving Dinner @ Love Revival Ministry Center
Nov 29 @ 7:00 pm – 9:00 pm
Love Revival Thanksgiving Dinner @ Love Revival Ministry Center
Free Community Dinner for everyone! Amazing Thanksgiving themed food and fun.
Nov
30
Sat
10:00 am Studio Sale & Community Art Walk @ Art in the Valley
Studio Sale & Community Art Walk @ Art in the Valley
Nov 30 @ 10:00 am – 6:00 pm
Studio Sale & Community Art Walk @ Art in the Valley
Join us for our Holiday Studio Sale and Community Art Walk on Friday, Nov. 29, and Saturday, Nov. 30, from 10am to 6pm. Enjoy a free hot chocolate or a glass of wine (while supplies[...]
2:00 pm Chess and More @ Samuels Public Library
Chess and More @ Samuels Public Library
Nov 30 @ 2:00 pm – 3:30 pm
Chess and More @ Samuels Public Library
Meet other kids and teens who enjoy the challenge of a good chess or other board game. For ages 6 and up. Registration begins October 30.
Dec
1
Sun
12:00 pm Outdoor Holiday Celebration @ SPCA Thrift Shop
Outdoor Holiday Celebration @ SPCA Thrift Shop
Dec 1 @ 12:00 pm – 3:00 pm
Outdoor Holiday Celebration @ SPCA Thrift Shop
The SPCA of Winchester, Frederick, and Clarke is hosting an Outdoor Holiday Celebration on Sunday, December 1st 12-3PM at the SPCA Thrift Shop located at 1944 Abrams Creek in Winchester, VA. You’re invited to the[...]