City attorney proposes code change to apply new state law to Roanoke IT contracts

Roanoke’s city attorney’s office briefed council on a proposed amendment to the city procurement code that would adopt by reference protections in a newly enacted Virginia law covering information‑technology contracts.

City Attorney representative Laura Carini (staff title in packet) said the state’s new law voids contract terms in public‑sector IT agreements that conflict with Virginia law — for example, venue or choice‑of‑law provisions that would otherwise require litigation in another state. “This law is very exciting because it will make those terms automatically void,” Carini said during the briefing.

Why it matters: Local governments frequently contract with national and international IT vendors whose standard contracts include venue, governing‑law and indemnity provisions favorable to the vendor. The state law and the proposed city code change limit the city’s exposure to out‑of‑state litigation clauses and clarify that Virginia law governs interpretation where state law forbids contradictory terms.

Operational notes

Staff said the proposed code amendment is limited to procurement authority language and is intended to ensure the city benefits from the new state statute; it does not adopt other procurement changes. Technology leadership and the interim purchasing manager participated in drafting the proposed code language, according to the briefing.

Ending

Council did not take action at the briefing; staff said the item is informational and that formal ordinance language will be presented for adoption when prepared.