B. RFP 2026-02 DRAFT Contract.pdf

Contract For

Pocahontas Landmark Center

Feasibility Study

Between

Powhatan County, VA and

Powhatan County School Board and

(contractor)

Contract for Pocahontas Landmark Center Feasibility Study

POWHATAN COUNTY, VIRGINIA

THIS CONTRACT is made this _____ day of _____________, 2026 between

__________________________(Contractor), Powhatan County, Virginia (County), and

Powhatan County School Board (PCPS).

WHEREAS, County and PCPS issued Request for Proposals 2026-02 for the Pocahontas

Landmark Center Feasibility Study (the “RFP”);

WHEREAS, Contractor is engaged in the business of providing _____________ services and has been selected by County and PCPS in response to the RFP to perform the work specified therein.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, County, PCPS and Contractor hereby agree as follows:

1. APPLICABLE LAW. This Contract and the services provided will be governed in all respects by the laws of Virginia, except its choice of law provisions. Venue for any litigation arising out of this Contract will be brought in the courts of Powhatan County, Virginia. Contractor shall comply with all applicable federal, state, and local laws and regulations.

2. APPROPRIATIONS. County shall be bound hereunder only to the extent of the funds available or which may hereafter become available for this purpose through appropriation by the

Board of Supervisors.

3. ARBITRATION. It is expressly agreed that nothing under this Contract shall be subject to arbitration, and any references to arbitration are expressly deleted from the Contract Documents.

4. AUDIT. Contractor agrees to retain all books, records and other documents related to

Contractor’s performance of this Contract for at least three years after final payment. County, PCPS, or their authorized agents shall, upon reasonable advance written notice and during normal business hours, have full access to and the right to examine any of the above documents during this period.

5. CONFIDENTIALITY. In the course of performance, the parties recognize that Contractor may come in contact with or become familiar with information which County or PCPS may, within the law, consider confidential. This information includes, but is not limited to, information pertaining to personal information of personnel, citizens, students, or clients. Contractor shall keep all such information confidential in accordance with state and federal laws and regulations.

6. CONTRACT AMOUNT. Contractor shall be paid $_________________for its services to perform the Phase I Work as stated in the Contract Documents. The cost of any additional services agreed upon by the Parties for any Phase II Work will be documented by the Parties in the form of an amendment to this contract, or by separate contract.

7. CONTRACT DOCUMENTS. The Contract Documents shall consist of this Contract, the

RFP, which includes the General Terms and Conditions, the Proposal submitted by Contractor dated _____________ (the “Proposal”), together with all written attachments, addenda, and modifications to any of these documents, all of which are incorporated herein. The provisions of this Contract will govern in the event of any conflict with any other provisions of the Contract

POWHATAN COUNTY, VIRGINIA

Documents. In like manner, the RFP will govern over the Proposal. The Contract Documents constitute the entire and exclusive agreement between the parties and supersede any and all prior communications, discussions, negotiations, understandings, and agreements.

8. CONTRACT TERM. This Contract is effective as of the date last signed by the Parties below and shall expire two (2) years from the date of final payment for the work, unless otherwise amended or terminated as provided herein. The work includes all Phase I work and any Phase II work agreed upon by the parties as reflected in an amendment to this Contract.

9. DESIGNATED PERSONNEL. County and PCPS shall, throughout the term of this

Contract, have the right of reasonable rejection and approval of staff or subcontractors assigned to the work by Contractor. If County and PCPS reasonably reject staff or subcontractors, then

Contractor shall provide replacement staff or subcontractors satisfactory to County and PCPS in a timely manner and at no additional cost to County and PCPS. The day-to-day supervision and control of Contractor's employees and subcontractors shall be solely the responsibility of

Contractor.

10. ELECTRONIC RECORD. The parties agree that this Contract can be executed through an electronic signature, and that an electronic record of this Contract is as valid and enforceable as an original.

11. ETHICS IN PUBLIC CONTRACTING. This Contract incorporates by reference any applicable state or federal law related to ethics, conflicts of interest, or bribery, including the

Virginia Conflict of Interests Act, the Virginia Governmental Frauds Act, and the Virginia Code.

Contractor certifies that its proposal is made without collusion or fraud and that it has not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer, or subcontractor in connection with this solicitation, and that it has not conferred on any public employee having official responsibility for this solicitation any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

12. FORCE MAJEURE. Unless otherwise specified in the Contract, neither Contractor nor

County will be held responsible for failure to perform the duties and responsibilities imposed by the Contract if such failure is due to strikes, fires, riots, rebellions, or Force Majeure which are beyond the control of Contractor or County and which make performance impossible or illegal.

13 POWHATAN COUNTY TAXES. Contractor shall pay all County taxes when due. County may offset the amounts of any County taxes which are due and owing against sums otherwise due to Contractor by paying such amounts to the County Treasurer on Contractor’s behalf.

14. IMMIGRATION REFORM AND CONTROL ACT OF 1986. Contractor shall not knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and

Control Act of 1986.

15. INDEMNIFICATION. Contractor shall hold harmless and indemnify County, PCPS, and all of their officials, agents, and employees from and against any and all claims, losses, damages, injuries, actions, or reasonable costs (including court costs and attorney’s fees), resulting from or

POWHATAN COUNTY, VIRGINIA

arising out of its work required by the Contract Documents, including, but not limited to, the negligence, gross negligence, or willful misconduct of Contractor’s employees or agents.

16. INSURANCE. Contractor shall, by a date to be established by County, purchase and maintain, at its own expense, from a company(ies) authorized to do business in Virginia, insurance policies with the following types of coverages and minimum limits of liability, protecting from claims which may arise out of or result from Contractor’s performance under this Contract, and also covering anyone directly or indirectly employed by Contractor or for whose acts it may be liable, with respect to the performance hereunder:

A. Comprehensive General Liability, including Premises and Operations, with limits of

$1,000,000 per occurrence / $2,000,000 Total Bodily Injury (including death)

$1,000,000 per occurrence / $2,000,000 Total Property Damage

B. Comprehensive Automobile Liability with limits of

$1,000,000 per occurrence / $2,000,000 Total Bodily Injury (including death)

$1,000,000 per occurrence / $2,000,000 Total Property Damage

C. Employer’s Liability for Participants not covered by workers’ compensation insurance in an amount not less than $100,000.

Contractor shall obtain and maintain such workers’ compensation coverage as may be required pursuant to the provisions of the Virginia Code and shall require any subcontractor to do the same.

Contractor shall include the provisions of this subsection within each of its subcontracts, so as to bind each subcontractor.

A certificate of insurance, naming both County and PCPS as additionally insured shall be submitted to the County and PCPS and included as part of the Contract.

Contractor shall furnish County and PCPS a binder adding County and PCPS as additional insureds on the comprehensive general liability and comprehensive automobile liability policies, and include the following language: “The above-described policies shall not be canceled, modified, or amended, or coverage reduced without the issuing company providing 30 business days advance written notice to Powhatan County and Powhatan County School Board.”

Should insurance coverage be changed or canceled, Contractor shall furnish a valid binder evidencing the required insurance. Failure to deliver such binder will result in suspension of all payments until the binder is furnished.

All insurance required shall be and remain in full force and effect for the term of the Contract.

No contract shall be binding upon County or PCPS until all insurance requirements and policies have been timely obtained by Contractor, approved as to form and sufficiency by the County

Attorney and the School Board Attorney, and filed with County and PCPS.

17. NO PERSONAL LIABILITY. Nothing herein shall be construed to create any personal liability on the part of any elected or appointed official, agent, or employee of County or PCPS.

18. NON-WAIVER. No waiver or breach of any terms, conditions, provisions, or covenants contained in this Contract will be construed as a waiver of any prior or succeeding breach of the same terms, conditions, provisions, or covenants.

POWHATAN COUNTY, VIRGINIA

19. NOTICE. All notices involving this Contract will be made either by personal delivery or by registered or certified mail, return receipt requested, and will be deemed given upon personal delivery or upon receipt. Notices will be sent to the following addresses:

County: Powhatan County Administrator

3834 Old Buckingham Road

Powhatan, VA 23139

With a copy to: Powhatan County Attorney

3834 Old Buckingham Road

PCPS: Powhatan County Public Schools

Attn: Superintendent

4290 Anderson Highway

With a copy to: Nicole S. Cheuk, Esq.

Sands Anderson PC

PO Box 1998

Richmond, VA 23218-1998

Contractor:

Any party may change the location or individuals for receipt of notices by providing written notice to the other parties.

20. OWNERSHIP. County and PCPS shall have sole rights of ownership to any product, idea or property resulting from the performance of this Contract unless otherwise agreed to in writing by all parties.

21. PARTIES’ RELATIONSHIP. Contractor shall be legally considered an independent contractor, and neither Contractor nor its employees will, under any circumstances, be considered employees or agents of County or PCPS. Neither County nor PCPS shall be legally responsible for any negligence or other wrongdoing by Contractor, its employees, or agents. Neither County nor PCPS shall withhold payments to Contractor for any federal or state unemployment taxes, federal or state income taxes, Social Security tax, or any other amounts for benefits to Contractor.

Further, neither County nor PCPS shall provide Contractor any insurance coverage or other benefits, including workers' compensation, normally provided by County or PCPS for their employees.

POWHATAN COUNTY, VIRGINIA

22. PAYMENT OF SUBCONTRACTORS. Contractor shall take one of the two following actions within seven days after receipt of County’s payment for work performed by any subcontractors under this Contract:

A. Pay the subcontractor for the proportionate share of the total payment received from

County attributable to the work performed by the subcontractor under the Contract; or

B. Notify County and the subcontractor in writing of Contractor's intention to withhold all or a part of the subcontractor’s payment and the reason for nonpayment.

Contractor shall pay interest to subcontractors on all amounts owed by Contractor that remain unpaid after seven days of Contractor’s receipt of County’s payment for work performed by the subcontractor under this Contract, except for amounts withheld as allowed in subparagraph (b) above. Unless otherwise provided under the terms of this Contract, interest shall accrue at the rate of 1% per month.

Contractor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor.

Contractor's obligation to pay an interest charge to a subcontractor pursuant to the above provisions is not an obligation of County. Neither a contract modification nor a cost reimbursement claim will be made for the purpose of providing reimbursement for such an interest charge.

23. PAYMENT TERMS. County shall pay Contractor within 30 days after the later of receipt of a correct invoice approved by County describing completed work reasonable and allocable to this Contract, the receipt of the entire order, or the acceptance of the work which meets the Contract requirements. Payments will be made by County for goods or services furnished, delivered, inspected, and accepted upon receipt of invoices submitted or the delivery of service, subject to applicable payment terms. The number of the Purchase Order by which authority shipments have been made or services performed will appear on all invoices. Invoices will be submitted in duplicate. County purchases are authorized only if its Purchase Order is issued in advance of the transaction indicating that there are sufficient funds available to pay.

24. REMOTE ACCESS. If Contractor needs to connect remotely to County’s computer network, then it shall ensure that any computer it uses to connect has up-to-date and properly configured anti-virus software and current operating system service pack and patch level. County may scan Contractor’s computers to ensure compliance with county standards. If Contractor’s computers present an unacceptable risk to county networks, then access to the network will be denied. Contractor access to the network will also be monitored, and any attempt to access unauthorized areas will result in denied remote access. Denial of remote access for cause does not relieve Contractor of any responsibilities under the Contract Documents. If Contractor must be in

Powhatan because remote access has been denied for cause, then Contractor shall bear that cost and shall not be reimbursed by County.

25. SCOPE OF SERVICES. Contractor agrees to furnish all services, labor, materials, and equipment necessary or appropriate. Contractor shall perform all tasks in accordance with

POWHATAN COUNTY, VIRGINIA

generally accepted professional standards of care and shall provide to County and PCPS good advice and consultation within Contractor’s authority and capacity. Contractor shall comply with applicable regulations, laws, ordinances, and requirements of all governmental agencies. It shall be Contractor’s responsibility to provide the specific services set forth in the Contract Documents.

County in agreement with PCPS may order changes in the Work so long as such changes remain within the Scope of the Work or Services. If Contractor believes that any work is not within the scope of the project, is a material change, or will otherwise call for additional compensation, then

Contractor must immediately notify County and PCPS in writing. If County and PCPS agree, an adjustment will be made to the Contract Documents by formal written amendment. Contractor shall not receive additional compensation until this written amendment has been signed by all parties and a purchase order covering the additional cost is issued. If it is determined that the work in question is within the scope of the Contract Documents, then Contractor shall continue work.

No services other than those described in the Contract Documents are authorized, unless authorized by a written Amendment or by the issuance and execution of a Purchase Order covering the expected cost of such services. If additional services are required by County and PCPS and authorized as provided above, the cost of such additional services shall be negotiated based upon the time and level of work to be performed.

26. SEVERABILITY. If any term, condition, provision, or covenant of this Contract is held invalid, illegal, or unenforceable in any respect, this Contract will remain in effect and will be construed without regard to such term, condition, provision or covenant.

27. SUBCONTRACTORS. Contractor may not use subcontractors to perform the services described herein without prior written notice to County and PCPS, if so, Contractor shall include provisions in its subcontracts requiring the subcontractors hereunder to comply with the applicable provisions of this Contract.

28. SUCCESSORS AND ASSIGNS. County, PCPS, and Contractor bind themselves and any successors and assigns to this Contract. Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of its rights, obligations, or interests under this Contract, without prior written approval by County and PCPS.

29. TERMINATION FOR CONVENIENCE. County in agreement with PCPS may terminate this Contract in whole or in part when such action is determined by County and PCPS to be in their best interest. Any such termination will be effected by delivery to Contractor of a written notice of termination which provides at least 30 days’ notice of the termination date and which specifies the extent to which performance under this Contract is terminated and the date of termination.

After receipt of a notice of termination, Contractor shall stop all work on the date specified in the notice, place no further orders or subcontracts for materials, services, or facilities except as are necessary for the completion of such portion of the work not terminated, immediately transfer all documentation and paperwork for terminated work to County and PCPS, terminate all vendors and subcontracts, and settle all outstanding liabilities and claims. Contractor shall be entitled to receive compensation for all contract services satisfactorily performed by Contractor and allocable to the

POWHATAN COUNTY, VIRGINIA

Contract up through and including the date of termination.

30. TERMINATION FOR DEFAULT. County in agreement with PCPS shall have the right to terminate this Contract before the specified termination date if Contractor fails, as determined at

County’s and PCPS's reasonable discretion, to deliver goods or perform services required by this

Contract. County and PCPS shall provide written notice at least 30 days before termination takes effect. County and PCPS may procure goods or services in accordance with this Contract from other sources and hold Contractor responsible for any resulting additional purchase and administrative costs.

31. TRANSACTING BUSINESS IN VIRGINIA. Contractor must be authorized to transact business in Virginia as a domestic or foreign business entity if so required by Title 13.1 or Title

50 of the Virginia Code or as otherwise required by law. Contractor shall not allow its existence to lapse or its certificate of authority or registration to transact business in Virginia to be revoked or canceled at any time during this Contract. County may void this Contract if Contractor fails to remain in compliance with the provisions of this section.

32. WORKPLACE PROVISIONS. During performance of the Contract, Contractor shall abide by the following workplace provisions. If Contractor engages any subcontractor or vendor to provide services hereunder, then Contractor shall include these provisions in every subcontract or purchase order over $10,000:

A. Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of

Contractor. Contractor shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Also, Contractor, in all solicitations or advertisements for employees placed by or on behalf of Contractor, will state that it is an equal opportunity employer.

B. Contractor shall: (i) provide a drug-free workplace for Contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in

Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; and (iii) state in all solicitations or advertisements for employees placed by or on behalf of Contractor that Contractor maintains a drug-free workplace. For the purposes of this paragraph, “drug-free workplace” means a site for the performance of work done in connection with the Contract awarded to

Contractor in accordance with this procurement transaction, where Contractor’s employees are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession, or use of any controlled substance or marijuana during the performance of the Contract.

C. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation will be deemed sufficient for the purpose of meeting the requirements of these sections.

POWHATAN COUNTY, VIRGINIA

SPECIAL TERMS, CONDITIONS and INSTRUCTIONS

33. BUILDING/SITE OCCUPANCY. Under no circumstances shall any driveway, access road, or walkway be blocked by Contractor’s vehicles to prohibit use of or disruption to pedestrian or vehicular traffic to the buildings or site.

34. CONTRACT CLAIMS. Contract claims, whether for money or other relief, shall be submitted in writing no later than 60 days after final payment; however, written notice of

Contractor's intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Any notice or claim shall be delivered to:

Deputy County Administrator, 3834 Old Buckingham Road, Powhatan, Virginia 23139 and shall include a description of the factual basis for the claim and a statement of the amounts claimed or other relief requested. The Deputy County Administrator will render a decision on the claim and will notify Contractor within 30 days of receipt of the claim. Contractor may appeal the decision to the County Administrator by providing written notice to the County Administrator, within 15 days of the date of the decision. The County Administrator shall render a decision on the claim within 60 days of the date of receipt of the appeal notice and such decision shall be final unless

Contractor appeals the decision in accordance with the Virginia Public Procurement Act. Invoices for all services or goods provided by Contractor shall be delivered to County no later than 30 days following the conclusion of the Work or delivery of the goods.

35. CONTRACTOR PERFORMANCE. All work shall be performed in a professional and courteous manner. Contractor shall ensure its employees observe and exercise all necessary caution and discretion so as to avoid injury to person or damage to property and any and all kinds.

Contractor shall cooperate with County in performing the Work so that interference with normal operations will be kept to a minimum. Technicians shall follow all current industry recommendations and procedural standards, technical manuals, service bulletins, and other operational-instructional manual(s) issued by the Original Equipment Manufacturer (OEM).

A. Contractor agrees and covenants that it and its agents and employees will comply with and perform all work under the contract in accordance with all County, State and

Federal laws, rules and regulations, standard requirements, specifications-manuals, manufacturers’ recommended procedures, codes and ordinances applicable to providing services conducted under the contract.

B. Contractor and its staff shall wear identification while performing the services described. Proper identification may consist of company ID badge, card and-or uniform.

36. DOCUMENTATION LOG OR REPORTS. Contractor shall coordinate with the appropriate County staff to develop and create an acceptable form of logging all Work as a way of measuring performance and recommendations for corrective maintenance.

37. ENVIRONMENTAL SAFETY PRECAUTIONS. There may be times while performing

Work where Contractor may come in contact with hazardous and restricted material (asbestos, lead, mercury, refrigerants, oils, etc.). When this occurs, Contractor shall comply with all

POWHATAN COUNTY, VIRGINIA

applicable VOSHA, EPA, DEQ, OSHA, and State and County Safety and Occupational Health

Standards, and any other applicable guidelines, rules, and regulations. Proper documentation shall be provided to County prior to issuance of final payment.

38. FINAL INSPECTION. At the conclusion of any Work, Contractor shall demonstrate to the appropriate County staff that services were performed in compliance with Contract specifications and codes. Any deficiencies shall be promptly and permanently corrected by Contractor at its sole expense prior to final acceptance of the Work.

39. KEY PERSONNEL. Contractor may not change personnel in key positions designated in the staffing section of its bid without the permission of County and PCPS. Neither County nor

PCPS will consent to or accept any substitutions if, in their sole discretion, to do so would increase costs or would result in the reduction of quantity or quality of the goods or services to be provided.

40. PROTECTION OF PERSONS AND PROPERTY. The provisions of all rules and regulations governing safety as adopted by the Safety Codes Commission of Virginia, issued by the Department of Labor and Industry under Virginia Code Title 40.1 shall apply to all Work.

Contractor shall continuously maintain adequate protection of the Work from damage and ensure its staff observes and exercises caution and discretion necessary to adequately protect and avoid injury or loss to persons, or damage of any and all kinds arising in connection with this Contract.

Contractor shall adequately protect all apparatus, buildings, grounds, appurtenances, and furnishings from damage to, or loss of use and/or enjoyment by County or PCPS which might be done or caused by Work. Damages caused directly or indirectly by Contractor, its agents, subcontractors, or suppliers shall be repaired and/or replaced at the expense of Contractor by methods approved by County and PCPS to restore the damaged area(s) to its original condition.

Such repairs shall be deemed acceptable only after inspection and approval by County and PCPS.

County and PCPS reserve the right to inspect Work in progress as well as make final inspection to approve completed Work.

Contractor shall provide and maintain all passageways, guard fences, lights, and other facilities for protection required by public authority, local conditions, any of the Contract Documents or erected for the fulfillment of its obligations for the protection of persons and property.

In an emergency affecting the safety or life of persons or of the Work, or of the adjoining property, Contractor, without special instruction or authorization from County or PCPS, shall act, at its discretion, to prevent such threatened loss or injury. Also, should Contractor, to prevent threatened loss or injury, be instructed or authorized to act by County and PCPS, then Contractor shall so act immediately, without appeal. Any additional compensation or extension of time claimed by

Contractor due to any emergency work shall be determined as provided by approval by County and PCPS.

41. TESTING AND INSPECTION. County and PCPS reserve the right to conduct any test/inspection they may deem advisable to assure goods and services conform to the specifications.

POWHATAN COUNTY, VIRGINIA

42. USE OF PREMISES AND REMOVAL OF DEBRIS. Contractor shall perform the

Contract in such a manner as not to interrupt or interfere with the operation of any existing activity on the premises or with the work of any other contractor. Contractor shall store its apparatus, materials, supplies, and equipment in such orderly fashion at the site of the Work so it will not unduly interfere with the progress of its Work or the work of any other contractor or subcontractor.

Contractor shall place only such loads as are consistent with the safety of that portion of the Work.

Contractor expressly undertakes, either directly or through his subcontractor(s), to clean up frequently all refuse, rubbish, scrap materials, and debris (herein referred to “debris”) caused by its operations, so that the site of the Work shall present a neat, orderly, and workmanlike appearance. No debris shall be left within the completed Work. Contractor shall remove all Work-related debris from the site and properly dispose of it in a licensed landfill or otherwise as required by law.

Contractor expressly undertakes, either directly or through his subcontractor(s), before final payment, to remove all surplus material, false work, temporary structures, including foundations resulting from its operations and to put the site in a neat, orderly condition; to thoroughly clean and leave reasonably dust-free all finished surfaces including all equipment, piping, etc., on the interior of all buildings included in the Contract; and to thoroughly clean all glass installed under the Contract including the removal of all paint and mortar splatters and other defacements. If

Contractor fails to clean up at the completion of the Work, County or PCPS may do so and charge for costs thereof to Contractor.

43. CERTIFICATION REGARDING CERTAIN CRIMES AND OFFENSES. Any services requiring Contractor or its employees to have direct contact with students on school property during regular school hours or during school-sponsored activities is subject to the provisions of

Virginia Code § 22.1-296.1 (E) through (G). Contractor must provide written certification of whether any individual who will provide such services has been convicted of any violent felony set forth in the definition of barrier crime in subsection A of Virginia Code § 19.2-392.02; any offense involving the sexual molestation, physical or sexual abuse, or rape of a child, or the solicitation of any such offense; or any crime of moral turpitude. County and PCPS shall not be liable for materially false statements regarding the certifications required by this section.

Contractor shall require all its subcontractors to execute such certification prior to performing any services pursuant to this Contract. No individual who has been convicted of any violent felony or crime of moral turpitude set forth in the definition of barrier crime in subsection A of Virginia

Code § 19.2-392.02 or any offense involving the sexual molestation, physical or sexual abuse, or rape of a child, or the solicitation of any such offense may perform services that require said individual to have direct contact with students on school property during regular school hours or during school-sponsored activities. Contractor agrees it will immediately report to the PCPS

Superintendent any change that would make its certification no longer accurate.

44. FORCED AND INDENTURED CHILD LABOR PROHIBITED. Contractor is prohibited from the use of forced or indentured child labor in the performance of this Contract and must include such prohibition in every subcontract or purchase order that exceeds $10,000, so that the prohibition will be binding upon each subcontractor or vendor. For the purposes of this section, POWHATAN COUNTY, VIRGINIA

“forced or indentured child labor” means all work or service (i) exacted from any person younger than 18 years of age under the menace of any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily or (ii) performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.

45. STATEMENT OF NONDISCRIMINATION AGAINST FAITH-BASED

ORGANIZATIONS. THE COUNTY AND PCPS DO NOT DISCRIMINATE AGAINST

FAITH-BASED ORGANIZATIONS. Contractor shall not discriminate against faith-based organizations during the performance of this Contract.

POWHATAN COUNTY, CONTRACTOR

VIRGINIA

By: By:

Name: Will Hagy Name:

Title: County Administrator Title:

Date: Date:

POWHATAN COUNTY SCHOOL BOARD

By:

Name: ______Beth Teigen ______

Title:_______ Superintendent_____

Date:

Approved as to legal form:

Powhatan County Attorney

Powhatan County School Board Attorney