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HomeMy WebLinkAbout2007-16i Resolution 2007-16 Authorizing Execution Of USDA Rural Housing Service For Police Department Vehicles Grant Whereas, the governing body of the Town of Pulaski, consisting of six members, in a duly called meeting held on the 2nd day of October, at which a quorum was present, Resolved as follows: BE IT HEREBY RESOLVED that, in order to facilitate obtaining financial assistance from the United States of America, acting by and through the Rural Housing Service, and agency of the United States Department of Agriculture, (the Government) in the development of Police Cars for the Town of Pulaski Police Department to serve the community, the governing body does hereby adopt and abide by the covenants contained in the agreements, documents, and forms required by the Government to be executed. BE IT FURTHER RESOLVED that the Town Manager of the Town of Pulaski be authorized to execute on behalf of the Town of Pulaski Police Department the above referenced agreements and to execute such other documents including, but not limited to, debt instruments and security instruments as may be required in obtaining the said financial assistance. • This Resolution, along with a copy of the above-referenced documents, is hereby entered into the permanent minutes of the meetings of this Council. Town of Pulaski ATTEST: tZw By: Keri Vass J J. Ha ley, Town Manager CERTIFICATION 1 hereby certify that the above Resolution was duly adopted by the members of the Town Council of the Town of Pulaski in a duly assembled meeting on the 2"d day of October, 2007 • ~ c..~ Patricia Cruise, Clerk of Council us~~ ,~. Rural`'~• Development • United States Department of Agriculture Rural Development Wytheville September 17, 2007 Mr. John J. Hawley, Town Manager Town of Pulaski P. O. Box 660 Pulaski, VA 24301 Dear Mr. Hawley: This letter, with Attachments 1 and 2 establishes conditions which must be understood and agreed to by you before further consideration may be given to your application for financial assistance from Rural Development for two police vehicles. Any changes in project cost, source of funds, scope of services, or any other significant changes in the project or applicant must be reported to and approved by Rural Development by written amendment to this letter. Any changes not approved by Rural Development shall be cause for discontinuing processing of the application. This letter is not to be considered as grant approval or as a representation as to the availability of funds. The docket may be completed on the basis of a Rural Development grant not to exceed $27,500 and other funding in the amount of $22,500 • for a total project cost of $50,000. The other funding is planned in the form of contribution from the Town. All regulations, forms, and bulletins outlined in this letter can be obtained from our web site at http://www.rurdev.usda.gov/reps/ (click on "Instructions" or "Forms," as appropriate, in the upper left-hand corner). From this web site, you must review RD Instruction 1942-A, Sections 1942.17, 1942.18, and 1942.19, and RD Instruction 3570- 6. You must also review RD Instruction 1940-Q and all exhibits. If you do not have Internet access, we will provide the appropriate documents. Any regulation, form, or bulletin identified in this letter as a Virginia form will be provided to you at the appropriate time. Attached are the following: Attachment No. 1 -Project Planning Factors Attachment No. 2 -Form RD 1942-46, Letter of Intent to Meet Conditions The conditions referred to in the first paragraph of this letter are as follows: Organizational Documents - We have reviewed the documents creating your Town and have found them acceptable. 2. Audit Requirements -Audited financial statements shall be submitted on an annual basis in accordance with the Government Auditing Standards (GARS), General Accepted Accounting Principles (GAAP), and the Generally Accepted Wytheville Office: P O Box 1368, Wytheville, VA 24382 PHONE: 276-228-4547 FAX: 276-228-3049 Committed to the future of rural communities USDA is an equal opportunity provider, employer and lender. To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 328-W, Whitten Building, 14~" and Independence Avenue, SW, Washington, DC 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). • Government Auditing Standards (GAGAS) issued by the Comptroller General of the United States, 1994 revision, and any subsequent revisions. Audits performed in accordance with OMB Circular A-133, "Audits of States, Local Governments, and Non-profit Organizations," are based upon the amount of Federal financial assistance expended during a borrower's fiscal year from a Federal source. Borrowers expending Federal financial assistance over $500,000 are required to have an OMB Circular A-133 audit. Borrowers expending less than $500,000 in Federal financial assistance are required to submit financial statements, either GAAS, GAGAS, or management reports, based upon loan balances and prevailing Federal regulations. In addition to the audit required above, RD Instruction 1942-A outlines management reports which must be submitted to Rural Development. As soon as the facility is operational, you will be required to provide these reports. 3. Insurance and Bonding Requirements -Prior to closing, you must acquire the following insurance and bond coverage: a. Public Liability, Property Damage, and Comprehensive -Coverage on trucks, tractors, and other vehicles driven on public highways. The insurance must be in effect at the time of closing. The amount of coverage will be determined by the Borrower in conjunction with their attorney and a representative of Rural Development. • b. Workers' Compensation - In accordance with appropriate State Laws. c. Position Fidelity Bond Coverage - If multiple advances are used for Rural Development's EII grant funds, you must provide evidence of adequate fidelity bond coverage for all persons who have access to funds by closing. Coverage may be provided either for all individual positions or persons, or through "blanket" coverage providing protection for all appropriate employees and/or officials. Form RD 440-24, Position Fidelity Schedule Bond, may be used for this purpose. We encourage you to have your attorney and/or insurance provider review proposed types and amounts of coverage, including any deductible provisions. d. National Flood Insurance - In addition to meeting the requirements for the type of assistance requested, the following requirements must be met for financial assistance for acquisition in designated special flood or mudslide prone areas: 1. If flood insurance is available, you must purchase a flood insurance policy at the time of closing. 2. Applicants whose buildings, machinery, or equipment are to be located in an area which has been notified as having special flood or mudslide prone areas will not receive financial assistance where flood insurance is not available. • e. Real Property Insurance -Prior to the acceptance of the vehicle, you must obtain real property insurance (fire and extended coverage) on all above- • ground structures to include machinery and equipment housed therein, in an amount equal to the insurable value thereof. 4. Procurement -You may proceed to acquire the proposed vehicles and/or equipment by competitive negotiation. You must develop a Request for Proposal (RFP) and specifications. Rural Development must review and give prior approval to the specifications and RFP before soliciting for offers. Following the receipt of offers, Rural Development must be provided with the following: a. Summary of all offers b. Copy of the successful offer c. Narrative summary of all negotiations d. Copy of notice to all unsuccessful offerors e. Copy of resolution of tentative award f. Contract covering the purchase of equipment 5. Code of conduct -Owners shall adopt and maintain a written code or standards of conduct which shall govern the performance of their officers, employees, or agents engaged in the award and administration of contracts supported by Rural Development funds. No employee, officer, or agent of the owner shall participate in the selection, award, or administration of a contract supported by Rural Development funds if a conflict of interest, real or apparent, would be involved. • 6. Other Funds -Prior to advertisement for bids, you must provide evidence showing the availability of the other funds. 7. Disbursement of Rural Development Grant Funds -Rural Development grant funds will be advanced as they are needed in the amount necessary to cover Rural Development's proportionate share of obligations due and payable by the Town of Pulaski. Interest earned on grant funds in excess of $100 per year will be submitted to Rural Development at least quarterly as required in 7 CFR 3016 for public body applicants. 8. Community Facilities Grant (CFG) -You will be required to execute Form RD 3570-3, Agreement for Administrative Requirements for Community Facility Grants, at the time of grant closing. CFG assistance is subject to the interest of the United States Government in the market value of the property attributable to the Federal participation in this project provided by 7 CFR, parts 3015, 2016, or 3019 et. seq., as subsequently modified. CFG assistance is subject to the provisions of Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973 and the regulations issued thereto. This covenant is in effect for as long as the property continues to be used for the same or similar purpose for which the financial assistance was extended or for as long as the grantee owns it, whichever is longer. 9. Agency Forms -You will be required to execute certain Agency forms in order to obtain financial assistance from Rural Development. By Resolution, these forms must be adopted and properly executed, and minutes showing the adoption must • be provided. Under Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), no handicapped individual in the United States shall, solely by reason of their handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving financial assistance from Rural Development. As a recipient of Federal financial assistance, you must be in compliance, and continue to comply, with Title VI of the Civil Rights Act of 1964 and the Rural Development regulations promulgated by this Act. Your signature on Form RD 400-4, Assurance Agreement, is your commitment to comply with these Federal laws and regulations, as well as your agreement to maintain records and data to verify your compliance. The data you must provide depends on the type of project financed with Rural Development funds, and guidance will be provided to you by Rural Development. Your compliance is monitored through compliance reviews conducted by Agency personnel. The first compliance review will be conducted prior to, or concurrent with, loan closing, with subsequent compliance reviews conducted every three years. If all parties agree the bids received are acceptable and it is determined that adequate funds are available to cover the total costs and that all the administrative conditions of grant approval have been satisfied, grant closing instructions will be issued. The closing instructions, a copy of which will be forwarded to you, will set forth any further requirements that must be met before the grant can be closed. GRANT CLOSING WILL NOT BE SCHEDULED UNTIL • CLOSING INSTRUCTIONS ARE RECEIVED FROM RURAL DEVELOPMENT. When all parties agree that the closing requirements can be met, a mutually acceptable date for the grant closing will be scheduled. The Debt Collection Improvement Act (DCIA) of 1996 requires that all Federal payments be made by Electronic Funds Transfer/Automated Clearing House (EFT/ACH). Borrowers receiving payments by EFT will have funds directly deposited to a specified account at a financial institution with funds being available to the recipient on the date of payment. The borrower should complete Form SF-3881, Electronic Funds Transfer Payment Enrollment Form, for each account where funds will be electronically received. The completed form(s) must be received by Rural Development at least thirty (30) days prior to the first advance of funds. As a recipient of federal financial assistance, you must comply with all applicable federal, state, and local statutes, ordinances, regulations, and codes. The major portion of existing Rural Development rules and regulations which must be met are included in RD Instruction 1942-A and RD Instruction 3570-B. No modifications or waiver of any portion of these regulations is authorized. Such regulations shall govern regardless of any misinterpretation, omission, misunderstanding, or statements made by any Rural Development employee. The most critical requirements of the instructions have been highlighted or clarified in this letter. The applicant contribution shall be considered first funds expended. After providing for all authorized cost, any remaining Rural Development funds will be refunded to Rural . Development. • We believe the information herein clearly sets forth the action which must be taken; however, if you have any questions, please do not hesitate to contact my office. Please complete and return the attached Form RD 1942-46, Letter of Intent to Meet Conditions, if you desire that further consideration be given to your application. If the conditions set forth in this letter are not met within six (6) months from the date hereof, Rural Development reserves the right to discontinue processing of the application. Si cerely yours, ravis .Jacks Area irector USDA, Rural Development cc: Deputy Administrator, Community Programs, Washington, D.C. State Director, Rural Development, Richmond, VA Accountant r~ LJ • Attachment No. 1 Letter of Conditions For: Town of Pulaski Dated: September 17, 2007 PROJECT PLANNING FACTORS The following estimates are to be used as a basis for project planning and must not be changed without prior approval of Rural Development: PROJECT COSTS Equipment $ __ 50,000 TOTAL $ 50,000 FUNDING Rural Development Grant $ 27,500 Borrower Contribution 22,500 TOTAL $ _ _ 50,000 Income Operating Income TOTAL Expenses Operating Expenses TOTAL BALANCE OPERATING BUDGET -TYPICAL YEAR $ 1,678,061 $ 1,678,061 $ 1,678,061 $ 1,678,061 $ 1,678,061 1,678,061 $_ 0 •