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2009-12-02
CITY-OF-BATESVILLE
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2009-12-02
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• for Audit of Governmental Organizations, Programs, Activities and Functions" (February 27, <br /> 1981), and make these records available to the Commission, the EPA Inspector General, or their <br /> authorized representatives; <br /> (d) To undertake the Project on its own responsibility and release and hold <br /> harmless the Commission and the Authority, and their officers, members, directors and <br /> employees, from any claim arising in connection with the design, construction, or operation of <br /> the Project or any other aspect of the wastewater facilities of the Issuer, including any matter due <br /> solely to their own negligence; <br /> (e) To comply with all terms and conditions of any construction contracts, <br /> architectural or engineering agreements, and other agreements affecting the Project, the premises <br /> of the wastewater facilities of the Issuer, and its operations and to require its construction <br /> contractor to furnish both a performance bond and payment bond in the full amount of the <br /> construction contract for the Project; <br /> (f) To become familiar with and comply with all federal and state laws <br /> pertaining to equal employment opportunities ensuring that all engineers and contractors for the <br /> Project do not discriminate against any person on the basis of race, color, religion, sex, age, <br /> national origin,or handicap; <br /> (g) To provide complete (unaudited) financial statements and budget <br /> •. - information for the System to the Commission, within 30 days of a written request from the <br /> Commission, for any year(s)during which this Agreement is in effect; and <br /> (h) To maintain and operate the System in a sound and economical manner <br /> and in accordance with standards as may be required or prescribed by federal, state, or local <br /> regulatory agencies. <br /> 11. The Commission has received an award of an ARRA capitalization grant <br /> (the "Grant") from the Environmental Protection Agency ("EPA"), and the Bond will be funded <br /> with proceeds of the Grant. The Commission and the Authority hereby agree to forgive the <br /> principal of the Bond to the extent of each Disbursement made under Section 7 hereof. Such <br /> forgiveness of principal shall occur simultaneously with each Disbursement without affirmative <br /> action by the Commission or the Authority. The Commission and the Authority agree to <br /> provide, at the request of the Issuer, any additional evidence to the Issuer's accountants that <br /> principal of the Bond has been forgiven hereunder and, after all Disbursements are made, to <br /> return the Bond to the Issuer for cancellation. Notwithstanding any other provision of this <br /> Agreement, the Commission and the Authority further agree that since no principal will be <br /> outstanding under the Bond, no Financing Fee will be due. By accepting the forgiveness of the <br /> principal of the Bond, the Issuer is a sub-recipient of the Grant. As a sub-recipient, the Issuer <br /> shall be responsible for complying with the specific requirements of ARRA and the conditions of <br /> the Grant. If the Issuer fails to satisfy any ARRA requirements or Grant conditions, the Issuer <br /> may be required to refund the Disbursements. The Grant requirements are set forth on Exhibit D <br /> attached hereto. The Issuer agrees to meet the requirements of the Grant unless waived by the <br /> • Commission and EPA. <br /> 6 <br />
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