HomeMy WebLinkAbout2007-13~ `~ RESOLUTION 2007-13
RESOLUTION OF GOVERNING BODY OF
the Town of Pulaski, Virginia
The governing body of the Town of Pulaski, Virginia consisting of
seven members, in a duly called meeting held on the 10th day of July, 2007, at which a
quorum was present, RESOLVED as follows:
BE IT HEREBY RESOLVED that, in order to facilitate obtaining financial
assistance through a Rural Business Enterprise Grant from the USDA, Rural
Development in order to conduct a feasibility and planning for the Virginia's
Nanotechnology Park, the governing body does hereby adopt and abide by the covenants
contained in the following agreements:
1. "Letter of Conditions" dated June 19,2007
2. Scope of Work
3. Form RD 1942-46, "Letter of Intent To Meet Conditions"
4. Form RD 1940-1, "Request for Obligation of Funds"
5. Form RD 400-1, "Equal Opportunity Agreement"
6. Form RD 400-4, "Assurance Agreement"
7. Form AD-1047, "Certification Regarding Debarment, Suspension, and
Other Responsibility Matters-Primary Covered Transactions"
8. Form AD-1049 "Certification Regarding Drug-Free Workplace
Requirements (Grants)"
9. RD Instruction 1940-Q, Exhibit A-1, "Certification for Contracts, Grants, and
Loans Regarding Lobbying"
~0. SF-LLL, "Disclosure Form to Report Lobbying"
BE IT FURTHER RESOLVED that the Town Manager or Economic Development
Director for the Town be authorized to execute, on behalf of the documents including, but
not limited to, debt or grant instruments and security instruments as maybe required in
obtaining the said financial assistance.
This Resolution, along with a copy of the above-named documents, is hereby entered
into the permanent minutes of the meeting of this Council.
Town of Pulaski. Virginia
Attest:
B
~ ~,r ,c ~ ~~ y.
Certification
I hereby certify that the above resolution was duly adopted by the Town Council of the
Town o Pulaski in a duly assembled meeting on the 10th day of July, 2007.
•
Patricia Cruise, Clerk of Council
5 f r ~
~~
RESOLUTION 2007-13
RESOLUTION OF GOVERNING BODY OF
the Town of Pulaski, Virginia
The governing body of the Town of Pulaski, Virginia consisting of
seven members, in a duly called meeting held on the 10th day of July, 2007, at which a
quorum was present, RESOLVED as follows:
BE IT HEREBY RESOLVED that, in order to facilitate obtaining financial
assistance through a Rural Business Enterprise Grant from the USDA, Rural
Development in order to conduct a feasibility and planning for the Virginia's
Nanotechnology Park, the governing body does hereby adopt and abide by the covenants
contained in the following agreements:
1. "Letter of Conditions" dated June 19,2007
2. Scope of Work
3. Form RD 1942-46, "Letter of Intent To Meet Conditions"
4. Form RD 1940-1, "Request for Obligation of Funds"
5. Form RD 400-1, "Equal Opportunity Agreement"
6. Form RD 400-4, "Assurance Agreement"
7. Form AD-1047, "Certification Regarding Debarment, Suspension, and
Other Responsibility Matters-Primary Covered Transactions"
8. Form AD-1049 "Certification Regarding Drug-Free Workplace
Requirements (Grants)"
9. RD Instruction 1940-Q, Exhibit A-1, "Certification for Contracts, Grants, and
Loans Regarding Lobbying"
10. SF-LLL, "Disclosure Form to Report Lobbying"
BE IT FURTHER RESOLVED that the Town Manager or Economic Development
Director for the Town be authorized to execute, on behalf of the documents including, but
not limited to, debt or grant instruments and security instruments as maybe required in
obtaining the said financial assistance.
This Resolution, along with a copy of the above-named documents, is hereby entered
into the permanent minutes of the meeting of this Council.
Town of Pulaski, Virginia
Attest:
- ~ By:
Certification
I hereby certify that the above resolution was duly adopted by the Town Council of the
Town o Pulaski in a duly assembled meeting on the 10th day of July, 2007.
Patricia Cruise, Clerk of Council
Sertt,By: t4lytheville USDA Service Center; 276 228 3049; Aug-2-07 15:10; Page 2
„~ t'cvinon 3 L,
Posinfti)1942-4G 'UNt'tl~y'~~A'1'fiSni?i'AR1'N1BN'CtyT/~(:RT(`t11.'RJRL~ I~c)RMAPPROVL'1)
(Rau. G-9R) Rtmiu.Dt:v~WPMEh"l' (~Mii Nc~. OS75-0015
r•,1RM SRRVt(:}i AGENCY
LETTER OF 1NT~NT TO MEET CONDITIONS
IMte 06-19-2007
TO: United Stater Dcpartmeat Of ABricidturo
Rural Development
(Name of 1~51)A /1Rency)
1606 Banta Rosa Road
Suite 238
RichmonQ, vA 23229-501a
(U,llA A~~sscy Ot~tee Address)
We have reviewed and understand lh~e Conditions act forth rn your letter dated 06-19 -2007 , It is ow intent to meet all of
them not later Wan 09-19-2007
Town of Pulaaki
- - - (Na»ie of A,tau ti
BY JOHN J. HAWLEY
Town Mana er
(Title)
Accordinj k, (he Pappwnrk RedretlonAer oj1995, rro persona am requrred to rstpund to a mllectiun n(tnJormaiiun un/eee it dirylayR n valid UMB cnn-ro(nu,nher.
Ibe vahdC)M!i control nvrstbsr,for -hls Irjo-rnarion c~Ueclx,a u 0313.001 S. The tone reyutred m cornpfete thta mformalivn enNerrion it srtl,nmad ro average (hour
per -sspcwes, including tGs fans jnr reviewing (nrtruenou, seachb{q asrtnng data Ynureu, galher,~ and niainmrnrng tiw data, xeeovd, prod eonrpl~tir{q pod
revleW Aft the Cal(eCff011 of -ejwinalti,n.
Fozm RD 1942-4G (Rero. G-91
•
Sent,By: Wytheville USDA Service Center; 276 228 3049; Aug-2-07 15:10; P2ge 3
CITIZENSHIP CERTIFICATION
1 hereby certify that at least 51 % of the outstanding membership
of the governing body of the Town of Pulaski is comprised of
those who are either citizens of the United States of America or
reside in the United States after being legally admitted for
permanent residence.
June 19.2007
Date
•
ame: JOHN J. HAWLEY
Title: Town Manager
C
Sens By: IMytheville USDA Service Center; 276 228 3049; Aug-2-07 15:10; Page 4
DISCiC4SURE OF LOBBYING ACTMTIES'-` npprowd ey oMe
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0346.ooss
. Soo reverse for ublic burden disclosure.
1. Type of Federal Action: Z. Status of Federal Action: 3. Repoli Type:
~h. ~ a. contract (,, ~a, bid/offer/application ~, ~ a. initial filing
b. grant b. initial award -J b. material change
c. cooperative agreement c. post-award For Material Chanple Only:
d. loan year quarter
e. loan gUarentee date of last report
f. loan insurance
lame and Address ol` Reporting Entity:
Q Pritns ^ Sub~w~rds.
Tier If known
Town of Pulaski
YU Box 660
Pulaski, VA 24301
li Reporting Entity In No. 4 is a Subewardse, Enter
and Address of Prime:
Congrossional DlatrlM, ifknown: 4u Nindl, VA
6. Federal DepartmenUAgency:
USDA Rural Deveiop>pant
Federal Action Number, if known
10. a. Name and Address o1 Lobbying Registrant
(if individual, lest name, /Irst name, MI ):
NA
Congressional 171strict, !f known
7. Federal Program NamelDescriptivn:
Rural Business F.ncerprise GL~ant Program
CFDA Number, iiappNcsble: 10.769
9. Award Amount. If known
$ 5,000
b. Individuals Performing Services (includln9 address !f
dlArerent hom No. f 0a )
(fast name, first name, Mt ):
hiermaYOn rpwe.d NroYQh Ihd Conn r ^utlaniee Dr sue ~+ V.S.C. seGlon ,C,lgnatUr@;
• tf62. TTia dYCloeunt n! loh6yinp ecetmw n r malmiN repreaamman of raa
upon r~iu' reKUlo rrr. pl~cod Oy Ilr slur scow when INS IrenmclWn wia maeu Print Na ~ JOHN • HA W LEY
w w..ma intn mu ~v~ w1 .sgw.e y~~ur~ to 9/ u.B.C. raez. rn.
Mxmapen w110. hFlP.l~ ror gable inupaelMfn 4ny Pors.n wlq telllt0luo the Title: Tuwn MnndgOl
rogWrae Alucheuh awl D. eublsn a e eivi pMelty of not bs. lnat Sto,00o end
rot mon INn stooaoo ro,..c++.~ b+uro. Telephone No.: 5-994.863 R Date: ~191~,. 07
.............
..::::r .: . ..................::. ; : ;... ............. ;:.....:...............:.; uthonz~d Dr lo~e1 p
;Fede~ttt 111.0 may?:: ~•.:.::::::~:~::~?::::::.::..:::::.:.::::.; ::::::: ~;.:::::::::::..: .:::::: ::::.:...::::::..::: ~:::::::::::.:: s~srlaard Fom, ~u (aev. z-s~i
Ser~t.By: Wytheville USDA Service Center; 276 228 3049; Aug-2-07 15:t1; Page 5
RD Instruction 1940-Q
Exhibit A-1
CERTIFICATION FOA CONTRACT, aRANT9 AND LOANS
The undQr®igned certifie9, to the beet of hie or her knowledge and
belie#, that:
1. No Federal appropriated funds have been paid or will be paid,
by or on behal! of the undersigned, to any person for influencing or
attempting to influence an officer or employes of any agency, a Member
of Congress, an officer or employed of Congress, or an employee of a
Member of CongYees in connection with the awarding of any Federal
contract, the making o! any Federal grant or Federal loan, and the
extension, continuation, renewal. amendment, or modification of any
Federal contract, grant or loan.
2. If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress
in Connection with this Federal contract, grunt or loan, the undersigned
shall complete and submit standard Form - LLL, "Di9cloeure of Lobbying
Activities," in accordance with its instructions.
3. The undersigned shall require that the language of this
certification be included in the award docum®nts for all eubawards at
all tiara (including contracts, subcontracts, and subgrante ender grants
and loans) and that all eubrecipienta shall certify and disclose
accordingly.
This c®rtification is a material representation of #act upon which
reliance was placed when this transaction woo made or entered into.
submieefon of this certification ie a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, V.S.
Code. Any parson who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
~y~
JOi~1N J . HAWI,EY / G
(name) dpte}
Town Manager
{title)
•
Serrt,By: y~ytheville USDA Service Center; 276 228 3049; Aug-2-07 f5:1f; Page 6
~.
~,`
U.S. DEPARTMENT OF AGRICULTURE
Ceirtitlcation Regarding Debarment. Suspension, and Uther
Kcsponsibility MAtters -Primary Covered Transactions
This certification is required by the rcgulatiuns implementing Executive Urder 12544, Debarment and Suspension, 7
C:1~ K Pan 3017. Section 3017,510, Participants' responsibilhies. The regulations were published ac Pan 1V of the
January 30, 1989, Federal Regis er (pages 4722-4133). Copies of the regulationx may be obtained by contautittg the
Uepartmcnt of Agriculture agency offering the proposed covered uansactiun.
(BEFUItE COMPLETIN(; CERTIFICATION, READ INSTRUCTIONS ()iY REVERSE)
(1) The pmtpti~etive primary participant eenifies to the best of its kttuwledse and belief, that it and its
principals:
('a) are not prexcnlly debarred, suspended, proposed for debarment, declared ineligible, nr
volut-Iarily excluded from covered transactions by any Federal department or agency;
(b) have nut within athree-year period preceding this proposal been convicted of yr had
a civil .judgment rendered against them fur commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or pcrl'orming a public (Federal
State or local) transaction or contract under a public transaction; violation of F'cd-
oral or State antitrust statutes or commission of embezzlemcr-t, theft, forgery,
bribery, fal,citication or destruction of records, makittg false statements, yr receiving
stoh:n property;
(e) are not presr»!ly indlctcd far or otherwise criminally or civilly charged by a
governmental cnlity (Federal, State or local) with commissirn of any of the uffensez
enumensted in paragraph (1)(b) of this certiticaticNt; and
• {d) have aot within athree-year period preceding this application/proposal had one or
more public ltansactions (Federal, State or local) terminated for Cause or default.
(2) Where the prospective primary participant ig unable to certify to a-ry of the statements in this
certification, such prospective participant shall attach an explanation to this ptopasal.
'coven of G~i~l.aski Virginia'sNanotechnologyPark.Plenninp
Organization Name PR/Award Number or Project Name
Jvhrt Hawley 'town M.anagex
Nsme(x) and 'f'itle(x) of Authorized Representative(s)
~. s ~~ ~ ~
grlaturc(s) Date
Firm AD- 1047 (1192)
Sent.By: Wy#heville USDA Service Center; 276 228 3049; Aug-2-07 15:11; P2 e 7
., g
,,.% _
Instructions roe Certification
. 1. Dy signing and submitting this form, the prospective primary participant is providing the ccrtiflcatfon
set nut on the reverse side in accordance with these instructions.
2. The inability of s person to provide the ccriiftcation required below will not necessarily result in denial
of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot
provide the certitcation set out on this foam. The certification or explanation will br cutuidered in connection with
the department or agcrtcy's determination whether to tinter into Ittis transaction. I lowevcr, failure of the prospective
primary participant to famish a certification or an cxplanarion shall disqualify such person from participation in this
transaction.
i, The certification in this clau.4c is a material representation of fact upon which reliance was placed when
the department or 8 eery detcrmtned t0 enter into this transaction. If it is later determined that the prospective
primary participant lutowingly rendered an crmneous certification, in addition m other remedies availahle to the
Fcdcr+d Government, the departirtent or agency may terminate this transaction for cause or default.
4. The prospective primar~+ participant shall provide immcdiale written notice tp the dCpartment yr agency
to whom this proposal is subm)tted if at any lime the prospective primary participant learns that its certitcation way
erroneous when aubrrtitted or has beco-ne erroneous by reason of changed circumstances.
5. The terms "wVerod transaution," "debarred," "suspended;' "ineligible," "lower tier covered transaction,"
"participant'" "person, 1 l "primary covered transaction; "'principal," "proposal," and "voluntarily excluded;' as
used in this clause, have the meanings set nut in the Definitions and C'.ovrrage sections of the rules implementing
Executive Order 12549. Yeti may contact the department ur agency to which this proposal ig being submi-ted for
assistanu; in obtaining a copy ot'those regulations.
6. Tlie prospu;tive primary participant agrees by submitting this form that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transact[on with a person wire is
debarred, suspended, declared ineligible:, or volunrtarily excluded from participation in this covered transaction,
unless atithonud by the department nr agency enuring into this transaction.
• 7. The prospective primary participant liirther ab~res by submitting this form that it will include the clause titled
"Certification Regarding nebarment, Sa4pension, ineligibility and Voluntary Exclusion -Lower Tier Covered
Transactions," provided by the department or agency entering mto this «)vrred transaction, without modification, in
all lower tier covered transactions and in al! solicitations for lower tier covered transactiut-s.
8. A participant in a c;uvered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and fl'equenry
by which it determines the eligibility of its principals. Each participant rnay, but is trot required u), check the
Nonprocurement List.
4. Nothing contained in the foregoingg shall be ~wnsttved to require esutblishmcnt of. a s stem of records
in eerier to render in good faith the xrtificatton required by this clause. The knowledge aru! information of a
panleipant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of
business dealings.
10. Except t'or transactions authorized under paragraph ti of these instructions, if a participant in a covered
transaction knwwingly enters into a lower tier coveted transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to
the Federal Government, ale department or agency may t~Ktninate this transaction fnr cause or dclhult.
Form AI)- 1047 ('1/91)
• tl.S. UI'0:1999-757.04 t 85012
Sent_8y: Wytheville USDA Service Center; 276 228 3049; Aug-2.07 15:12; Page 8/12
- - ;. -
• ate APIROVAL Nv.
9000 - 0101
U.S. DEPARTMENT OF AGRICULTURE
CERTIFI.('ATiON 12EGARDJNG
DRUG-P"REE WURKPLACE RF:QUIREMEN'fS (GRANTS)
AI,'fERNATiVE J -FOR GRANTEES OTNER TAAN 1NpiVIDUALB
1'hie aertitication is required b1' the regulations ioplementinq Sections 5151-5160 of the Druq-
rsee Norkplace Act of 1969 (Pub. L. 100-b90, Title V, Subtitle D; ~1 t).S.C, 701 of esq.), ~ CP7t
part 3017, 8ubpazt e, eeceson 3017.600, puzpese. The regulations were published as Part II of
the January 31,1999 ledarel Register (pagew i9b7-9952). CVpieH of thv regulations say be
ebtsined b7t contacting the Department of Agriculture agency olteslnq the grant.
(BiBORt C068LSTtM4 C~RTIIIC71?ION, ASaD IW6TAVCTSONS O11 RSV8R9R)
Alta;native i
(A) Thu grantee pstities that it sill provide a drug-lree workplace by:
(e) R,lfliahing a statement notifying eeploywa that she ualaaful aanuf.cture, distribUtien,
dispensing, possession er use of a centroiled snbstaace Se poohibited in ens grantee's
aortplaco and specifying Ehe aellone chat rill bo taken againae employees for violation of
• rush prohibition;
(b) establishing a drug-tree aastenees program W inEora erployaes shout --
(1) The dangers of aruq w4usa in the aoslcplaaw;
(2) ?h. grantee's policy of maintaining a drug-tree aorYplwce:
(3) Any available dtuq counseling, rehabilitation, end employee •ssiatanae programs; and
(4) The penalties that may be isrpesed upon employees for drug abuse violatioat occurring in
the aoskpiace;
(c) Making it • requirement that each e~ieyee to be engaged in the pes£ormance of the
grant be given s copy of iha statement required by paragraph (a);
(d> llotilyinq the eeployee in the statement soquired by paragraph (a) that, as a condition
of es~loyment under the grant, the employes will --
(l) Abade b7f tM terms et the etatemanC; and
• Foss AD-1069 (ASV 2-691
Serrt•By: Wytheville USDA Service Center; 276 228 3049; Aug-2-07 15:12; Page 9/12
•
~.:` ,~
• (2) Notify tho osployes of any crisinal drug atatuto eenviction for a violation
• occurring in she wos)~ylaee no later then live days attar ouch conviction;
la) Notityiag the agency within tan days after receiving notico under subparagraph (d)(2)
tsos M asployee or etharwiso receiving actual notice of cosh convictien;
(t) Taking ens of the tollewing actions, within 30 days of roeeivinq notice under subparagraph
(d)(2), wilh respect to any eeployee who is ae convicted --
(1) Taking atspropziato personnel action against such an eepleyee, uD to and including
teainatioa; or
(2) Requiring ouch osployee to pastieipsto satisfactorily in • drug show aesietanco or
rohabilitativn progras eppseved for such purposes by a >rederal, Stato, or Local health,
law enfoscownt, or other appropriate agency;
(q) Mekinq • good laith otters to continue to saintain a drug-tree workplace through
isplesentatien o! paragraphs (a), Ib), (c), (d), (a) and (t).
B. The grantee shall insert in the space provided below the aitolal for the pertormanee oP work
dono in conviction with tho epaciEic grant.
Plsce of Parlossanco (street address, city, county, State, sip coda)
P.O. Box 660
42 1st St. NW
.. ...
• Pulaakt, Pulaski County, Virginia 24301
Town of Pulaski Virginia's Nanotechnelgy Perk (VNTP) - Planning
osgani.atien ilaso pR/Jward Nusl~os er lisojoct Now
John Hawley, Town Manager
Name snd Ti a of 1luthoriaed Mpreeentativa
aturs Paee
INST UCTIONS FOR CERTIFICATION
1. Hy signing and subsisting this tors, the grantee is previdinq the eortltlcation set out en
pegas 1 and 2.
2. ?ho oartitication sot out en pagan 1 and 2 is a satorial representation of Pact upon which
reliance was placed when th. agency detassinod to award the grant. IE it ie later datersined that
the grantee lwowingly rendored a false certitiastion, or otlwr~.i.sa violates the saquiriaonea of
the Drag-Free Moskplaae 11ct, the agency, in addition to sny other resedioe avsilabie to thr
R.derel Cov.rnsent, say take action authorised candor the prug-pree Morkplaoo oat.
2
1ost1 AD-10a9(I3EV Z-89)
•U S. ci!'U. tvx~,~ss•Uirerols~
Sent,By: Wytheville USDA Service Center; 276 228 3049; Aug-2-07 15:12• Page 10/12
. ,• ,
• Pnritian 3
USDA FORM APPROVED
Form RD 4(10.4 ASSURANCE AGREEMENT OMB Nu. 0575-0018
(Rev. 3-97) (Untltr Tttle Vl, Civil Rights Act of ] 964)
The 'PAWN OF Pl.)I,ASKI
(name of reC.ipient)
p() F3ox 6ti0, Pulaski, VA 24301
(nddrert)
("RecipienC' hrrCin) hereby assures the U. S. Depamncnt of Agriculture that Recipient is incompliance with and will continue to
comply with Title VI of the Civil Righu Act of 1964 (4Z USC 2000d et, seq.), 7 CFR Pan. 15, anti Rural Eivusing Service, Rural
Business-Cooperative Service, Rural Utilities Service, yr the Farm Service Agency, (hereatlcr known as the "Agency") reFttlatiuns
protnulgated theit'undet, 7 G.F.R. § 1901.242. In rwe:utdaucc with that Act and the regulations referred to above, Recipient agrees that
in cunttection with any program Or activity for which Rcx.ipietu receives Fcdcrul financial assistance (as ouch term is defined in 7
C.F.R- § 14.2) no person In the United States shall, on the grvutld ofrace, actor, or national origin, be ezcludcd from particiratinn in,
be denied the brnefibs of, ctt be otherwise subjected w discriminuton.
1. Recipient agFeea [hat any transfer of any aided facility, other than personal property, by sale, lease or other conveyance of
contract, shall be, and shall be made expressly, subject to the obligaticros of this agreement and tramsfer+u;'s assumption thereof.
2. Recipient shall:
(a) Keep such rea>rd~ and submit to the Gov~nmena ouch timely, complete, and accurate information as the Govcmment may
determine to he nec:c$eary to asecrtain our/my compliance with this agreement and the regulations.
(b) Permit access by authorized employees of the: Agency ur the U.S. [lerartmcnt of Agrieulture doting normal buvinesa
hours to such books, records, accuuata and other sources of information end iW facilities xs maybe pct'tinent w ascertaining such
compliance.
(c) Make available to user's, participants, beneficiaries and other interested persons such infuratution regarding the pruviaions
ofthis agreement and the regulations, and in such manner as the Agency or the U. S. llepartment of Agriculture finds necessary
tU inform such peraom of the protcetion assured them against discrimination,
• 3. 'fhe obligations of this agrcemettt shall continttc:
(a) As to any real property, including any structure, acquired or improved with the aid of the Fakrol financial ossistance. so
long as sue:h real properly is used for the purpose for which rho Federal financial assistance is matte ar for soother purpose which
affords similar services or benefits, or far as lung as the Recipient n;tains ownership or possession of the prvperry, whichever is
longer.
(b) As to any personal pruperry acyuired or improved with the aiJ of the Fuieml Fnsncial assistance, yu long as Recipient
retains ownership of possession of the property.
(c) Aa to any other aided facility at activity, until tla; last advance of funds under the Juan or grant has been made.
4. Upon any breach or violation this egrsr:ment the Guvemmcnt may, at its option:
(s) Terminate or refitsc W render or continue financial aeaistauce for the aid of the property, facility, project, service or
activity,
(b) Enforce this agreement try suit for specific perfarmattce or by any othtx available remedy under the laws of the Uniu:d
Swtes or the Stuoo in which the broach oc viulatinn occurs.
Rights and remedies provided fur under this agreement stroll be cumulative.
]n witness whereof TOwN OF PI t1.ASK1 nn this
Warne o/Ye~ipient)
date hats caused this agreement to be executed by its duly authorizzd umcera and its seal siTixed hcrcw, or, if a natural person, has
hen.wtto executed this agreement.
HN J HAWLEY Rcclpienr
(SEAL) 6/19107 ,
Dale
Attest: 'Town Manager
TiHc 7ftlr
• A6Y++rdi~ to tea t5apenwnt A.x'eMerian AeI Rf roeS, n~/ISernYi raL tvgrt8•~Am ~aponA m o ~Ydleerinn njinjerhtafinn unlea it digt(Ywt n valid /JMB rnnrnt munOYr, rAr vaIf40AfA
anrtal aaYArrJor tAa tyitrwrttan eouearian is uf7n-natty. rbs a~rr rcgYarJ to enmplete Ml~r i~/ornrY+mn is aviwYn•Q to aYna~e /s >Al~mer per trapYn~¢, ttk'lwdinX the IiMt jar
/@VU.' Wlq( %g7//yCIYJM, tM/CWnr, ~IlfNla ttala.Y7YlLM~ anlGdNnJ; and ~YdnMlnr~ IAr Jnln wecAal, YnJ a..M~liny amJ h'vle,.~ir~ rM ~'n14Ninn n/'i.Ufn.wmtinn
Sent~By: byytheville USDA Service Center; 276 228 3049; Aug-2-07 15:12; P2 a 11 /t2
.- g
Form RD 400-1 llNITF:D STATES DEYART'MENT OF AGRIC:UL't'URI', OMB oP05705--0018
(Rev. S-UO)
EQUAL. OPPORTt1NITY AGREEMENT
AAay t8. 2007
'Phis agrcc,nent, dated between
Town ref Pulaski
(heron called "Recipient" whether oue or more) and United States Department of Agriculture (USDA ), pursuant to the rules and
regulations of the SeueWry of labor (hzrein called the'Sccretary') issued under the authority of Executive Urder 112411 as amended,
witnesseth:
In consideration of financial assistante (whether by a loan, 6Ram, loan guaranty, or other form of financial assistance] made or to be
made by the USDA to Ra:ipient, Recipient hereby agrees, if the cash Cost of construction work performed by Recipient or a construction
contract firuutced with such ftnancial assistance exceeds S 10,000 -unless exctittpted by rules, regulations or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive ()rdcr 11246 of September 24, 1965.
I . '1'o incorporate ur cause m be incorporated tofu any contract for construction work, or modification thereof,, subject tv the
relevant rules, rogUlations, and orders of the Secretary or of any prior authority that remain in effect, which is paid fur in whole ur in part
with the aid of such financial assistance, flee following "Equal Opportunity Clause":
During the performance of this contract, the wntractor agrees as follows:
(a)'1'he wntractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or
national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex ur national origin. Such action shall include, but
not he limited, to the following: employment, upgrading, demotion or transfer; recruitment or recruitmem advertising; layoff
or terdlination: ra[es of pay ur other forms of twmpcnsation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for employment, notices to bc: provided by the
USDA setting fonh the provisions of this nondiscrimination clause.
(b) The contractor will, in a1.1 solicitations or advertisements for Cmployees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration far employrnrnt without rogard to race, color, religion, sex or national origin.
(c) The contractor will send w each labor union or representativC of workers with which he has a collective bargaining agreement
ur other contract ar understanding, a notice, to be provided by the USDA, advising the said labor rrniun or workers'
• representative of tht contractor's commitments under this agreement and shall post copies of the rx-tice in conspicuous places
available to employees and applicants for employment.
(d)''fhc contractor will comply with ail provisions of Executive lhder 11246 of Septetnbcr 24,1965, and of all rules, regulations
and relevant orders of the Secretary of Labor.
(c) The contractor will furnish all information and reports required by txecutivn Order 11246 of September 24, 1965, rules,
regulations, and orders, or pursuant thereto, and will permit access in his books, re;uords, and accounts by the t1SpA Civil
Rights Office, and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(t) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules.
regulations, or orders, Otis contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Covcmmcnt convects ur federally assisted construction wntracts in accordance with procedures
authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies
invokr;d as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of
Labor, or as otherwise provided by Law.
(g)'fhe contractor will include the provisions of'paral;t'aph I and parat,Kaph (a) through (g) in every suhwntract or purchase order,
unless exempltxl by the rules, regulations, or orders of the Secretary of [.abet issued pursuant to Section 204 of Executive Order
No. l 1'l46 of September 24, t 965, so that such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any suhcontract or purcha.e order as the IJSllA may direct as a means of
enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes
involved in, or is threatened with, litigation with a trubcontractor or vendor as a resuh of such direction by ttte USDA, the
contractor may request the Uttitcd States in enter into such litigation to protect the interest of the United States.
4rcaraling ro t!-r Pa{xrwork Radacriun .4et of / 9S-S. an ugen~ry may nor conduct nr s/wnaor, and a f-ersun is nor negairud ro respond
to, u co!)ecdon of infornnrtion unless 1! displays a valid (3MB•cvnhol numhrr. 7rir voted OM.11 centre/ narnbor jar this injornwrian
rnllectinns it OS S {0l8, The rime rrgvired ro cb-n.lrte rbls i-tfurnrarion co!lrcrion is esti-nared ro overage {fl minnres pper res[xmse.,
inolydin~- the rime for reviewing inatru(rrions, se<-rc~iiny, existing dote sources, gathering and -naintaining the data nr•«,led, anr7
con-p/ennx and reviewing rhr. co!lerrion otinformarion,
• !'asillt>n 6 RD 400.1 (Rev. 5-00)
Sen*-13y: Wytheville USDA Service Center; 276 22t3 3049; Aug-2-07 15:13; Pege 12112
'•'
2. To be hound by the above equal uypot'tuniry clause with respect to its own empluytn..... practices when it participates in federally
assisted eanstruetion work: i'rovided, that if the urgani~aeion so participating is a State or focal government, the above equal
oppomi»ity clause is nW applicable to any agency, instrumentality or subdivision of such guvertmrent which does not participate in
work un or under the ix-ntract.
3. To notify all pro~peclive contracwts to Erie the required'Compliance Statement', Form RD 40(1.6, with their bids.
4. Form A D-429, Instruelions to Contractors, wilt accompany the notice of award of the contract. Bid conditions for all nonexempt
federal and federally assisted construction contracts require inclusion of the appropriate "Hometown" ur "Imlwsed" plan affirmative
action xnd equal employment opportunity requirements. AIt bidders must comply with the bid conditions contained in the invitation to
be considered responsible bidders and hence eligible for the award.
5. To asaiyt and cooperate actively with t JSDA and the Secretary in obtaining the compliance Of contractors and subcontractors with
the equal opportunity clause and atlas, regulatio»s. and relevant orders of the Secretary, that will furnish l1SDA and the Secr~ctary such
information such as ,but not limited tu, Form AD-5f~, C;ertiticstion of Nonsegregated Facilities, to xubt»)t the Monthly Employment
Utilization Report, Form CC-257, as they may require for the supervision of such compliance, and that it wilt otherwise assist USt)A in
the discharge of I,ISDA's primary responsihiiiry for securing compl)anc;e.
6. Tu refrain from entering into any contract or contract modification subject tv such Executive Urder 11 Z4(i of September 24, I )6S,
with x eontractur debarred from, or who has not demonstrated eligibility fur, Government contracts and Federally assisted construction
contracts pursuant to the Executive Urder and will carry out each sanctions and penalties fur violation of the equal opportuniry clause as
may be imposed upon contractors and subcontractors by USDA or the Secretary of Labor pursuant to Part 11, Subpart ll. of the
Executive Order.
7. That if the recipient fails ur refuses to comply with these undertakings, the USDA may take airy or all of the following actions:
Cancel, terminate, or suspend in whole or in plot this grunt (contract, loan, insurattce. buarantue); refrain fmm extending any further
assistance to the organizatitn under lttc program with respect to which the failure or refund occurred until satisfactory assurance of
future compliance has been received from such organization; and refer the case to the Department vt' Justice tot appropriate legal
prou;edin6s.
Signed by the Itecipi tun the date first written above.
Recipient
Recipient
(CORPURATG SEAL)
Attest: ,
Secretary
Name ul' ('orpurate Recipient
By
I~reaident•---
%wti /yJ.~~t~