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HomeMy WebLinkAbout1988-026Position 5 USDA-FmHA RESOLUTION NO. 88— 26 FORM APPROVED Form FmHA 1942-47 LOAN RESOLUTION OMB NO. 0575-0015 (Rev. 11.84) C (Public Bodies) A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OFTHE COUNTY OF INDIAN RIVER FLORIDA AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDING ITS SEWER SYSTEM FACILITY TO SERVE AN AREA LAWFULLY WiTHIN ITS JURISDICTION TO SERVE. WHEREAS, it is necessary for the _ County of Indian River, Florida, (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 Four hundred fifty thousand dollars ($450,000) pursuant to the provisions of a resolut io ] WHEREAS, the association intends to obtain assistance from the Farmers Home Administration, United States Department of Agricul- ture, (herein called the Government) acting under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) in tite planning, financing, and supervision of such undertaking and to purchasing of bonds lawfully issued, in the event that no other acceptable purchaser for such bonds is found by the 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 and containing such items and in such forms 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 tite Government 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 similar 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 FmFIA 400.4, "Assurance Agreement"; and Form FnAIA 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. S. 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 Governnntent at its option may (a) declare the entire principal amount then outstanding and accrued interest intnteditely 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 instnintent may be construed by the Government to constitute default hereunder. G. Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof, or interest therein, not permit others to do so, without the prior written consent of the Government. 7. Not to borrow any money from any source, enter into any contract or agreement, or incur any other liabilities in con. nection with making enlargements, improvements or extensions to, or for any other 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 backed by the lull faith and credit of the United States. Any ir.^vme front 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 seryice, operation and maintenance, and the establishment of adequate reserves. No free service or use of the facility will be permitted. 11. To acquire and maintain such insurance coverage including fidelity bonds as may be required by the Government. 12. To establish and maintain such books and records relating to the operation of the facility and its financial affairs and to provide for required audit thereof in such a manner as may be required by the Government, to provide the Government without its request, a copy of each such audit, and to make and forward to the Government such additional information and reports as it may from time to time require. The agreement to provide the information collected through the loan resolution is required to obtain FmHA loan/grant assistance and the information so collected is used to determine compliance with the covenants of this resolution and applicable FmHA regulations. 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 Government 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. In cases where the Government requires that a reserve account be established and maintained, when necessary, disburse- ments from the reserve account may be used for payments due on the bond if sufficient funds are not available in the general or debt service accounts. With the prior written approval of die Government, funds may be withdrawn for: (a) Paying the cost of repairing or replacing any damage to the facility which may have been caused by catastrophe. (b) Repairing or regi icing short-lived necats. (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 persons. Upon failure to provide services which arc feasible and legal, such person shall have a direct right of action against the association or public body. 16. In the case of a grant in the sum not to exceed S —0— , the association hereby accepts the grant under the terms as offered by the Government and that the and of the association are hereby authorized and empowered to take all action necessary or appropriate in the execution of all written instruments as may be required in regard to or as evidence of such grant and the association hereby resolves to operate the facility under the terms as 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. The provisions of sections 6 through 15 hereof may be provided for in more specific detail in tite bond resolution or ordinance; to tine extent that the provisions contained in such bond resolution or ordinance should be found to be inconsistent with the provisions hereof, these provisions shall be construed as controlling as between the association and the Government. The vote was: Yeas 5 Nays Absent IN WITNESS WHERE01', the BOARD OF COUNTY COMMISSIONERS of the COUNTY OF INDIAN RIVER Inas duly adopted this Resolution and caused to be executed by the officers below in duplicate on this i•j I;. f' (SEAL) Attest:t;iu-i. 19t•h day of ,8nri 1 19$$ BOARD OF COUNTY COMMISSIONERS COUNTY OF INDIAN RIVER Ey c_ L)On C. Jr. Title Chairman CLERK OF THE BOARD `"OF COUNTY COMMISSIONERS Title CI;IMFICA'1'ION 1, the undersigned, as CLERK of the COUNTY OF INDIAN RIVER hereby certify that the BOARD OF COUNTY COMMISSIONERS of such Association is composed of --i 4 . ­ members, of whom , constitu ing a quorum, were present at a meeting thereof duly called and held on the 19th day of April , 19 _U; that the foregoing resolution was adopted at such meeting by the vote shown above; and that said resolution has not been rescinded or amended in any way. Dated, this _ 9 day of A= r i 1 19 _$$ W it U.S. Government Printing Office 19134-564-000111546 Title—CLERK OP I THE RnARD (IF C"OIJNTV COMMISSIONERS r USDA-FmHA Position 3 Form FmHA 400 C (Rev. 8.29.79) ASSURANCE AGREEMENT (Under Title V1, Ciyil Rights Act of 1964) Tile ........................... OUNTS(...41'... INVIAN---R-1VF—F—....FL.QAUJ?A,........_.... /name of rec•ipientl ....................................•1 F3 Q 2_.5tb... $.tnpPt....V.ax:Q...J3.ach.,-...F.L,_—aZ9.6.Q.......... ......... ......., (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. In 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. I. Recipient agrees that 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 obligations of this agreement and transferee's assumption thereof'. 2. Recipient shall: (a) Keep such records and submit to the Government such timely, complete, and accurate information as the Government may determine to be necessary to ascertain our/my comphance with this agreement and the regulations. (b) Permit access by authorized employees of the Farmers [Ionic 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) Iklake 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 stricture, acquired or improved with the aid of the Federal financial assistance, so long; as such real property is used for rhe purpose for which the Federal financial assistance is made or for 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 to any personal property acquired or improved with the aid of the Federal ftrh;mcial assistance, so long as Recipient retains ownership or possession of the property. (c) As to ally other aided facility or actrvrt) . 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. it its option: (a) Terminate or refuse to render „r :ontinue tin;rncrrl assistance for the aid of the property, facility, project, service or activity. (b) Enforce this aipeeinem by suit lot spe.•hfiC perlormance ur by ;illy other available remedy under the laws of the United States or the State uh Svhrch the btC;lih ur vnrlation occurs. Rights and remedies provided for under this aurcenhent slhall be Cunhulative. In witness wheieol......... TFI _.-COUN'I'Y...QF ZNp,: A(y RIVE -13. F'.L,QRIDA ,..-.,......................................... on this ... lanrnr o/ rrc,pr,wU (late has Caused this agreement to he CWCule(I by Its duly authmi/ed officers and its seal affixed hereto• or, if a statural person, hati hereunto executed this agreement. --- •---------------- COUNTY ... OE ..INnZAN...RIMER...... (S I: A I_) I � FLORIDA Recipient Apr --31-- 1.9•-r.---1 19.88 ................ Attest: ... ....................Chairman................................ nU.3.GP 7 rile :198107�ip13 v1• �(�.,. Don ,C. _Scur.lo 'Jr . r. Recijiient r USDA -Fm HA Form FmHA 400-4 (Rev. 8-29-79) Position 3 C ASSURANCE AGREEMENT (Under Title V1, CiYil Rights Act of 1964) The ......................... S931XII ... QF ... ORIAN .. JR.1VRF.,...rL.Q131DA ........ . ..................................._-------•----....-----•• . (natne of recipient) .....................................1840 Z51 1.1 F t, ne Q1. J .... Ve.= .. Ble.aLCII, .... FL..12-9.6.0 ................................................... . (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 floine Administration regulations promulgated thereunder. 7 C.F.R. §1901.202. to 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 ol"contract, shall be, and shall be made expressly, subject to the obligations of this agreement and transferee's assumption thereof. 2. Recipient shall: (a) Keep such records and submit to the Goverdinent such timely, complete, and accurate information as the Government may determine to be necessary to ascertain our/my compliance with this agreement and the regulations. (b) permit access by authorized employees of the Farmers [ionic Administration or the U.S. Department of Agriculture during normal business hours to such hooks, 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. -Circ obligations of this agreement shall continue (a) As to any real properly, including any structure, acquired or Improved with the aid of the Fedc.al financial assistance, so lung as such real property is used for the purpose for which the Federal financial assistance is made or for another purpose which affords similar services or benchts, or for as long as the Recipient retains ownership or possession of the property, whichever is longer. (h) As to any personai property acquired or Improved with the aid Of the Federal I'llialicial assistance, so long as Recipient retains ownership or possession of file property. (c) As to any oilier aided facility or acti%il) , imul the last advance of funds under the loan or grant has been made 4. Upon any breach or violation of this agreenient the Governilleill may. at its option: (a) Tcrnmi"fe or refuse Io render or continue financial J.'sl%lance for the :Id of file property, facility, project, service or activity. (b) Enforce 1his agreement by sort lot specific performance or by any mliet available remedy under the laws of the United States or the State III %%IIILII (lie breach or violation occurs. Rights and icniedics provide(] [or under 111k '11"reeillent shall be cumulative. In Witness wllelcol. ........ p, - AW .... R 2, V -E -R ...... F. L -0 R 1. DA .................................. . f,uj�ne of recivicno . ...... oil this (]ate has caused this agreenien, Io he CV-ctlled by its duly atilhoil/ekl officers and its seal affixed hereto, or, if natural person, has hereunto executed this agreement. All ... � is 1: t\ I-) FLORIDA Recipient ....................... P aa8.-•--. ...... A N C'W harman ------------------- (test -...... .......................... ................ Title U-S-GPF:1981-07 13 V .. .......... d� . .. ............... Don C. Scurlo Jr. 10 RnAY'a of rnIni;-Ir rn�m�mi �n J.. -r cz FORM APPROVED Osib No. 0575-0018 UNITED STATES DEPARTMENT OF AGRICULTURE APPROVAL EXPIRES 4/84 Fonn FnnHA 400-1 (Rev. 7-19-83) FARMERS HOME ADMINISTRATION EQUAL OPPORTUNITY AGREEMENT This agreement, dated .......... ........... Apri1.... 1.9.. ..... 98.8... ................. _............. _. .between ....................................................... THE COUNTY OF INDIAN RIVER.,... FLORIDA, .................................................. ........................................................................... .. . (herein called "Recipient" whether one or more) and the Farmers (tome :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 financiai 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 510,000 ---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 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 or national origin. Such action shall include, but not be limited, to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other 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 for 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 r•presk•ntdti�,e of wurkers 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 mailable to empioyeei; and ;applicants for employment. (d) The contractor will comply with all provisions of Becunve Order 112,16 of September 2.4. Ir465, and of all rules, regulations and relevant order.; of the Secretary of Labor and of any poor authnrity which r -nain in effect. (e) The contractor will furnish all iniorrnation and reports required by l;xecutive Order 112.16 of September 24, 1965, rules, regulations, and orders, or pursuant thereto, and will permit access :o his books, records, and accounts by the Farmers Home Administration, Ottice of Equal Opportunity, U. S. Department of )Agriculture, and the Secretary of Labor for purposes of investigation to ascertdin compliance with such rules, regulations, and orders. (f) In the event of the contractor's noncompliance with :he Equal Oopurtumity (Federally A%sis!ed Construcu,m) clause or with anv of the said rules, reeulations, or orders, this contract may !:e cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government Contracts or Federallv Assisted construction contracts in accordance with procedures a:*`sized in Executive Order No, 1124A of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 2.4, 1965, or by rule, regulation or order of the Secretary of Labor, or as, provided by Law. (g) The contractor will include the provisions of this Equal Opportunity (Federally Assisted Construction) clause in every subcontract or purchase order, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pureuant to Section 204 of Executive Order No 11246 of September 24, 1965, so that such provisions will be binding upon each such subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Farmers Home Administration may direct as a means of enforcing such provisions, including. sanctions for r..:ncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Farmers Home Administration, the contractor may request the United States to enter into such litigation to protect the interest of the United States. Position 6 FmHA400-1 (Rev. 7-19-83) 2. To be bound by the provisions of the Equal Opportunity Clause in construction work performed by Recipient and paid for in whole or in part with the aid of such financial assistance. 3. To notify all prospective contractors 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 in the invitation to be considered responsible bidders and hence eligible for the award. S. To assist and cooperate actively with the Farmers Home Administration and the Secretary in obtaining the compliance of contractors and subcontractors with the provisions of the Equal Opportunity 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 CC -257, as required and such other infonnation as they may require the supervision of such compliance, and to otherwise assist the Farmers biome Administra- tion in the discharge of its primary responsibility for securing compliance. 6. To refrain from entering into any contract, or extension or other modification of a contract, subject to such Executive Order with a contractor debarred from Government contracts or federally assisted construction contracts pursuant to Part Il, 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 Fanners Home Administration or the Secretary pursuant to such Subpart D. 7. That if Recipient fails or refuses to comply with these undertakings, the Fanners Home Administration may take an; or all of the following actions: (a) cancel, terminate, or suspend said financial assistance in whole or in part;(b) refrain from extending any further assistance under the program involved until satisfactory assurance of futt-:e compliance has been received 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 (CORPORATE SEAL) Attest: FREDA WRIGHT Xi''DCr}folty CLERK OF THE BOARD OF CO TYf�OMMJrSS ON I REQ tplent BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Name of Corporate Recipient By — c— Don C. Scurlock,r. I�iloK•HI&t Chairman j+Bidget i ie r DeP 1.