HomeMy WebLinkAbout95-03• NO. 95-3
RESOLUTION OF GOVERNING BODY OF
The governing body of the Town of Pulaski, consisting of nine 9 members, in a duly
called meeting held on the 7th day of March, 1995 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 American acting through the farmers Home Administration in
the development of a Sewer Corrosion Rehab Project to serve the community, the
governing body does hereby adopt and abide by the convenants contained in the following
agreements:
1. Form FmHA 400-4, Assurance Agreement
2. Foam FmHA 400-1, Equal Opportunity Agreement
3. Form FmHA 1942-47, Loan Resolution
4. Form FmHA 1940-1, Request for Obligation of Funds
5. Form FmHA 442-7, Initial Operating Budget
6. Form FmHA 1910-11, Applicant Certification
• 7. Form AD-1047, Certification Regardmg the Debarment, Suspension and Other
Responsibility Matters -Primary Covered Transactions.
8. Exlu'bit A-1, Certification Regarding Lobbying
BE IT FURTHER RESOLVED that the Town Manager of the Town of Pulaski be
authorized to execute on behalf of Town Council the above 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-named documents, is hereby entered
into the permanent minutes of the meetings of this Board.
Attest:
~,~ ~ .~/.~,,,s..~-tee By:
Th 1 ombiths, Town Manager
CERTIFICATION
l hereby certify that the above resolution was duly adopted by the
of y- o w N o ~ ~~ 1 ~ , is : in a duly assembled meeting on the ~ x ~ day
of ~t,/g,. ~ ~ , 19 g S.
Secretary/Clerk
1
•
Request For Lower Interest Rate
RE : ~~n of Pulaski
(Applicant)
Pulaski Sewer Replacesrent
(Project)
5574,600
(Loan Grant Amount)
I hereby request the interest rate of the above-referenced loan
to be the lower of the rate in effect at the time of loan"
approval or at the time of loan closing.
• ( plicant Representative)
~i P~anager
(Title)
1
•
• FORM APPROVED
OMB No. 0575-0018
UNITED STATES DEPARTMENT OF AGRICULTURE
Form FmHA 400-1
• (Rev. 7-19-83) FARMERS HOME ADMINISTRATION
EQUAL OPPORTUNITY AGREEMENT
March 7, 1995 _... between
This agreement, dated ---------------•---•---•---....._...-•--.---•.----- -- _. _. _. _.
'Ib~m of Pulaski
(herein called "Recipient" whether one or more} and the Farmers Home Administration, United States Department of
Agriculture, pursuant to the rules and regulations of the Secretary of Labor (herein called the `Secretary') issued under the
authority of Executive Order 11246, as amended, witnesseth:
In consideration of financial assistance (whether by a loan, grant, loan guaranty, or other form of financial assistance)
made or to be made by the Farmers Home Administration to Recipient, Recipient hereby agrees, if the cash cost of construction
work performed by Recipient or a construction contract financed with such financial assistance exceeds $10,000--unless
exempted by rules, regulations or orders of the Secretary of Labor issued persuant to Section 204 of Executive Order 11246 of
September 24, 1965.
1. To incorporate or cause to be incorporated into any contract for construction work, or modification thereof, subject
to the relevant rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid
for in whole or in part with the aid of such financial assistance, the following "Equal Opportunity Clause":
During the performance of this contract, the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of cace, coloc,
religion, sex or national origin. The contractor will take affirmative action to ensure that applicants-are employed,
and that employees are treated during employmeat,,,.without regard to their race, color, religion, sex or national
origin. Such action shall include, but not he limited, to the following: employment, upgrading, demotion or trarisFer;~
recruitment or recruitment advertising; layoff or termination; rates of pay or uther forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the Farmers Home Administration setting
forth the provisions of this nondiscrimination clause.
(b) The contractor will, in all solicitations or advertisements fos employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard to race, color, religion,
sex or national origin.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining
agreement or other contract or understanding, a notice, to be provided by the Farmers Home Administration,
advising the said labor union or workers' representative of the contractor's commitments under this agreement as
required pursuant to section 202(3)- of Executive Order 11246 of September 24, 1965, and shall post copies of the
notice in conspicuous places available to employees and applicants for employment.
(d) The ~ntractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of all rules,
regulations and relevant orders of the Secretary of Labor and of any prior authority which remain in effect.
(e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,
rules, regulations, and orders, or pursuant thereto, and will permit access to his books, records, and accounts by the
Fanners Home Administration, .Office of Equal Opportunity, U. S. Department of Agriculture, and the Secretary of
Laboc for purposes of investigation to ascertain compliance; with such rules, regulations, and orders.. _ , , ;
(f) In the event of the contractor's noncompliance with the Equal Opportunity (Federally Assisted Construction); clause
or with any of the said rules, regulations, .or orders, this contract may be cancelled, terminated, or suspended in
.whole or in_~art and.the contractor may be:declared ineligible for further Government Contracts orFederally, Assisted
construction contracts.iu:accoidance.with procedures_aufhorized in Executive;Qciler No. 11246 of_ September.24, 1965,.
and such other sanctions ,may, be imposed and :remedies invoked . as ° provided ,ia, Ezecutive Order No. 11246 of
t, .. . ,
September 24, 1965, or~by Wile, regulation .or order~of the Secretary of Labor, or as provided by Law. .
(g) The contractor will. include the provisions of this Equal.Opportuaity (Federally Assisted Construction) clause is
every subcontract or purchase order; • unless exemptedr by. the rules,: regulations, or orders of the SearetarX of :Labor
issued pursuant to Section 204 .of .Executive Otdet,No. 11246. of .September- 24, -1965, so that _such.;provisions .will
be binding upon each ,such subcontractor qr-veador,~;,~'Tlie contractor will .take such. action .withtrespecttoy-aqy.
,subcontract or purchase order. .as the Farmers Home ,Aduunstratioa. may.,direct as a means of• enforcing such.
provisions, including ~aac~iops, for noncompliance ~, however, that in tl}e~,eveat ,the-cgatracto>~ecomgs
` involved in, or is threatened with, litigation with a„sabcontractor or vendor as a resultyof such directi b~+rthe~,
Farmers Home Admiafstratioa~rthe contiactor~mu~s~e~d~e~E~the ~Imted States to enter info such lrti~~tro`n,rwot~t~
'the interest of-the Udrted~Ste~es: ~ • "
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• L: _ _: _. _ _ _ r : } ; ¢oatlian~6' t. ~ ~ FmHA 400-1 (Rev. 7-19-83)
tc ~ a -
USDA-FrnHA ~ -Position 3
Form FmHA 400.4
(Rev.8-29-79) ASSURANCE AGREEMENT
• (Under Title Vl, Cit-il Rights Act of 1964)
Zbwri of Pulaski
The _--------------------------------------------------------...-------- ------- - ------------•---..
(name of recipient)
P. O. Box 660, Pulaski, VA 24301
(address/
{"Recipient" herein) hereby assures the U. S. Department of Agriculture that Recipient is in compliance with and will
continue to comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d et. seq.), 7 CFR Part 15, and Farmers
Home Administration regulations promulgated thereunder, 7 C.F.R. §1901.202. [n accordance with that Act and the
regulations referred to above, Recipient agrees that in connection with any program or activity for which Recipient receives
Federal financial assistance (as such term is defined in 7 C.F.R. § 14.2) no person in the United States shall, on the ground of
race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination.
1. Recipient agrees that any transfer of any aided facility, other than personal property, by sale, lease or other
conveyance otcontract, shall be, and shall be made expressly, subject to the obligations of this agreement and
transferee's assurnption thereof'.
2. Recipient shall:
(a) Keep such records and submit to the Government such timely, complete, and accurate information as the
Govemment may determine to be necessary to ascertain our/my compliance with this agreement and'-the regulations.
(b) Permit access by authorized emplgyees of tie Farmers Home Administration or the U.S. Department of
Agriculture during normal business hours,to such books, records, accounts and other sources of information and its
facilities as may be pertinent to ascertaining such compliance,
(c) Make available to users, participants, beneficiaries and other interested persons such information regarding the
provisions of this agreement and the regulations, and in such manner as the Farmers Home Administration or the.
• U.S. Department of Agriculture finds necessary to inform such persons of the protection assured them against
discrimination.
3. The obligations of this agreement shall continue:
(a) As to any real property, including any structure, acquired or improved with the aid of the Fede;al financial
assistance, so long as such real property is used for the purpose for which the Federal financial assistance is made
or fo.r another purpose which affords similar services or benefits, or for as long as the Recipient retains ownership or
possession of the property, whichever is longer.
(b) As 3o any personal property acquired or improved with the aid of the Federal financial assistance, so long as
Recipient retains ownership or possession of the property.
(c) As to any other aided facility or activity, until the last .advance of funds under the loan or grant has been made.
4. Upon any breach or violation of this agreement the :Government may, at its option:
(a) Terminate or refuse to render or continue financial assistance for the aid of the property, facility, project,
service or activity.
(b) Enforce this agreement by suit for specific performatrce or by any other available remedy under the laws of
the United States or the State in which the breach or violation occurs.
Rights and remedies provided for under this agreement shall be cumulative.
In witness wfiereof, Z~Z of Pulaski _.__~......,.___...__.w________._-__w_______M_____.__...__._~______r._ on this
(name of neetp&ntl
date has ca4sed tfiis agreement to be executed by its duty authorized officers and its seal affixed hereto, or, if a natural
person, has hereunto executed this agreement.
(SEAL)
Attest: _~ ®. ~I :~ /Qic/L~.«- ~%u"i'r`--
Title
7bHm of Pulaski _
Recipient
March 7, 1995
_..._ ._._.______......_~_..._......_.__.~ ____~___~__ Date
.- Town Manager Thomas_M : Combiths_-__
_. _.._ ..._..__ --- --- Tltle'~
Recipient
~..._ -
y
• ~ '
,.
2. To be bound by the provisions of the Equal Opportunity Clause .ia construction work performed by Recipient and paid
for is whole or in: pad with the:aid:of such financial assistance.
.3. .To notify :-all prospectivecontractors to file the required `Compliance Statement', Form FHA 400-6, with their bids.
• ~`4: Form AD-425, Instructions to Contractors, will 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" or "Imposed" plan affirmative action and equal employment opportunity requirements. All bidders must comply
with the bid conditions contained is the invitation to be considered responsible bidders and hence eligible for the award.
rs, To assist. and cooperate actively with the Farmers Home Administration and the Secretary is obtaining the compliance
of. contractors and subcontractors with the provisions of 'the Equal Qpportunity Clause and the said rules, regulations, and
orders, to obtain and furnish. to the Farmers Home Administration and the Secretary, Form AD-560, Certification of
Nonsegregated Facilities, to submit the Monthly Employment Utilization Report, Form CG257, as required and such other
information as thcy may require the supec`vision of such compliance, -and to otherwise assist the Farmers Home Administra-
tion in the discharge of its primary responsibility for securing compliance.
b.' To refrain from eaterigg into any contract, or extension or other modification of a contract, subject to such Executive
Order with a contractor debarred. from Govemtaent contracts or federally assisted construction c~atracts pursuant to Pact II,
Subpart D, of such Executive Order or to prior authority;. and to carry out such sanctions and penalties for violation of the
provisions of the Equal Opportunity Clause as may be.imposed upon contractors and subcontractors by the Farmers Kome
Administration oc the Se«etary pursuant to such Subpart D: ..
Z. That if Recipient fails oc refuses to comply with these undertakings, the Fanners Kome Administration may take any
or all of the following actions: (a) cancel;; terminate, or .suspend said financial assistance in whole or in part;(b) refrain
from extending nay further assistance under the program involved until: satisfactory assurance of future compliance has been
receiked from Recipient; and:. (c) refer .the :.case to the,;.Office of Equal Opportunity, U. S. Department of Agriculture for
appropriate action. . -
Witness the due execution hereof,by Recipient on this, the date first above written.
- Recipient ~._ Recipient
.~
(CORPORATE SEAL) Name of Corpora 12ecipieat
Attest: ~ ~ By
. ~ • ~ "~"~ Town M er Prestdart-
Secretary
- pus. oPO: raa3~ooo/e3osr
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USDA-FmHA
Form FmHA 1942-47
(Rev. 1-90)
• A RESOLUTION OF THE
Position S
LOAN RESOLUTION
(Public Bodies)
Town Council
J
FORM APPROVED
OMB NO. 0575-0015
.+
OF THE ~'t of Pulaski
AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A
PORTION OF THE CO5T OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDING ITS
Pulaski Sewps }Zeplac~nent
FACILITY TO SERVE AN AREA LAWFULLY WITHIN ITS JURISDICTION TO SERVE.
WHEREAS, it is necessary for the Zb~utl of Pulaski
(Public Body)
(herein after called Association) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of
Five Hundred Seventy Four 'Thousand Six Hundred Dollars ($574,600)
the Public Finance Act of 1991 and the Code of Virginia, as amended
pursuant to the provisions of ~ ;and
WHEREAS, the Association intends to obtain assistance from the Farmers Home Administration, United States Department of Agri-
culture, (herein called the Government) acting under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C.
1921 et seq.) in the planning, financing, and supervision of such undertaking and the purchasing of bonds lawfully issued, in the event
that no other acceptable purchaser for such bonds is found by tho-Association:
NOW THEREFORE. in consideration of the premises the Association hereby resolves:
1. To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds containing such
items and in such forms as are required by State statutes and as are agreeable and acceptable to the Government.
2. To refinance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at any time
it shall appear to the Govemment that the Association is able to refinance its bonds by obtaining a loan for such purposes
• from responsible cooperative or private sources at reasonable rates and terms for loans for similaz purposes and periods
of time as required by section 333(c) of said Consolidated Farm and Rural Development Act (7 U.S:C. 1983(c)).
3. To provide for, execute, and comply with Form FmHA 400-4, "Assurance Agreement," and Form FmHA 400-1, "Equal
Opportunity Agreement," including an "Equal Opportunity Clause," which clause is to be incorporated in, or attached
as a rider to, each construction contract and subcontract involving in excess of $10,000.
4. To indemnify the Government for any payments made or losses suffered by the Government on behalf of the Association.
Such indemnification shall be payable from the same source of funds pledged to pay the bonds or any other legal per-
missible source. ,
5. That upon default in the payments of any principal and accrued interest on the bonds or in the performance of any cov-
enant or•agreement contained herein or in the instruments incident to making or insuring the loan, the Governnment at
its option may (a) declare the entire principal amount then outstanding and accrued interest immediately due and pay-
able, (b) for the account of the Association (payable from the 'source of funds pledged to pay the bonds or any other
legally permissible source), incur and pay reasonable expenses for repair, maintenance, and operation of the facility and
such other reasonable expenses as may be necessary to cure the cause of default, and/or (c) take possession of the facility,
repair, maintain, and operate or rent it, Default under the provisions of this resolution or any instrument incident to the
making or insuring of the loan may be construed by the Government to constitute default under any other instrument
held by the Government and executed or assumed by the Association, and default under any such instrument may be
construed by the Government to constitute default hereunder.
6. Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof, or interest therein, or permit others
to do so. witho~~t the prior written consent of the Government.
7. Not to defease'the bonds, or to borrow money, enter into any contract or agreement, or otherwise incur any liabilities
for any purpose in connection with the facility (exclusive of normal maintenance) without the prior written consent of the
Government if such undertaking would involve the source of funds pledged to pay the bonds.
8. To place the proceeds of the bonds on deposit in an account and in a manner approved by the Government. Funds may be
deposited in institutions insured by the State or Federal Government or invested in readily marketable securities hacked
by the full faith and credit of the United States. Any income from these accounts will be considered as revenues of the
system.
9. To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility
in good condition.
• 10. To provide for the receipt of adequate revenues to meet the requirements of debt service, operation and maintenance, and
the establishment of adequate reserves. Revenue accumulated over and .above that needed to pay operating and mainte-
nance, debt service and reserves may only be retained or used to make prepayments on the loan. Revenue cannot be used
to pay any expenses which are not directly incurred for the facility financed by FmHA. No free service or use of the
facility will be permitted.
Publte reportins burden for thin collectton of !n/formation & erttmated to avaroes Yhour per i+espponae, incrudina the itme or revtewina Gsstructtons,
searching extstfn2 data scums, yathsrlr~ and ~natntatntnyy the data needed, and compietin2 and reuiewina the collection of information. Send comments
repardiny this burden satimate or any other aspect of thG collection of to/ormation tnctudinp sur~estions for reducing thQ burden, to Department of
pAQrkuF,~re~R Nnarann•K50/ficSe; sOOIRMsRoo~ X404-~.~ WorhtnYton, D.C. 20260; and to the pfffce o/ Management and Budget, Paperwork Reduction
-2-
11. To acquire'and maintain such insurance arid fidelity bond coverage as may be required by the Government.
12. To establish and maintain such books and iecords relating to the operation of the facility and its financial affairs and to
provide for required audit thereof as required by the Government, to provide the Government a copy of each such audit
without its request, and to forward to the Govemment such additional information and reports as it may from time to
time require.
13. To provide the Government at all reasonable times access to all books and records relating to the facility and access to
the property of the system so that the Govemment may ascertain that the Association is complying with the provisions
hereof and of the instruments incident to the making or insuring of the loan.
14. That if the Government requires that a reserve account be established and maintained, disbursements from that account
may be used when necessary for payments due on the bond if sufficient funds are not otherwise available. With the prior
written approval of the Government, funds may be withdrawn for:
(a) Paying the cost of repairing or replacing any damage to the facility caused by catastrophe.
(b) Repairing or replacing short-lived assets.
(c) Making extensions or improvements to the facility.
Any time funds are disbursed from the reserve account, additional deposits will be required until the reserve account has
reached the required funded level.
15. To provide adequate service to all persons within the service area who can feasibly and legally be served and to obtain
FmHA's concurrence prior to refusing new or adequate services to such persoris. Upon failure to provide services which
are feasible and legal, such person shall have a direct right of action against the Association or public body.
16. To comply with the measures ident~ed in the Government's environmental impact analysis for this facility for the pur-
pose of avoiding or reducing the adverse environmental impacts of the facility's construction or operation.
17. To accept a granf in an amount not to exceed $ N/A
under the terms offered by the Government; that the N~~'
and N/A of;the Association are hereby authorized and empowered to take all action necessary
or appropriate in the execution of all wr[tten instruments as may be required in regard to or as evidence of such grant; and
to operate the facility under the terms offered in said grant agreement(s).
The provisions hereof and the provisions of all instruments incident to the making or the insuring of the loan, unless otherwise
• specifically provided by the terms of such instrument, shall be binding upon the Association' as Long as the bonds are held or
insured- by the Government or assignee. The provisions of sections 6 through 17 hereof may be provided for in more specific
detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance
should be found to be inconsistent with the provisions hereof, these provisions.sl;all.be construed as controlling between the
Association and the Government or assignee
The vote was:
Yeas ~ Nays ~ Absent ~
IN WITNESS WHEREOF, the Zbwn ~ci1 of the
Toni of Pulaski
has duly adopted this resolution and caused it
to be executed by the officers below in duplicate on this
(SEAL)
day of
19 -..
By
Title Town Manager __
' ':,..
-~ ..
~ ~~~
. ~.....
- ~ I ~ ~ .-
- -3-
:~~.
CERTIFICATION TO BED EXECUTED:AT LOAN CLOSING, -
I, the undersigned, as of the
hereby certify that the of such Association is composed of
members, of whom , constituting a quorum, were present at a meeting thereof duly called and
held on the day of , 19 _; and that the foregoing resolution was adopted at such meeting
by the vote shown above. I further certify that as of
the date of closing of the loan from the Farmers Home Administration, said resolution remains in effect and has not been rescinded or
amended in any way.
Dated, this day of
,19 _.
Title
*u.s.cPO:~ sao-oa ~ ~-o+u22sa2
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