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96-043 Resolution
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96-043 Resolution
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1/28/2014 10:10:44 AM
Creation date
1/17/2014 10:33:10 AM
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North Olmsted Legislation
Legislation Number
96-043
Legislation Date
4/3/1996
Year
1996
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• .*,?4.. <br />amount necc:3sary to pay ali Eligible Project Costs are available or are witiun the present WPCLF <br />Fedcral letter- of cr?-?dit ceiling and have been set aside by the T_vstee to pay such Eligible Project <br />Cos-ts. WhEir such Eligibtc Project Costs have been incurred and payment requested from the <br />owDA by 6 ,, Borrcwer, subject to :he terms and provisions of tfiis Agre-ement and the Interagency <br />Agreement, and in sccordance with the requirements of paragraph (k) of Section 3.2. above, the <br />OWDA sha;( ca.use the Trustee to disburse monies of the WF'CLF in payment of the invoices, <br />demands for payment, or other evidence of cost incurrence to be made to the persans or entities <br />entitlai to pkyment B conformity with the encumbrance of funds set forth in such certificate to pay <br />sucn obligated Eligiale Project Cos•:s. <br />Secticn 3.9. Upoli completion of the Project Facilities, the Bon-ower shal) make a fuil and <br />complete acc3unting to the State of the final Eligible ProJect Co:;ts. <br />Section 3.10. The Borrower shall comply with the following rr;quirements in accordance <br />with the time schedi,le contained in Section 3. 11. hereof <br />(a) In addition to the tegisiation required by this Agreemctit in the preambles, the Borrower, <br />tivough its 1egistat`ve bady, sha11 pass Iegislation, to implement the system of user charges <br />(Operation, ?rlainte;iance, and Repl3cement expenses) and the sewe: use ordinance that was <br />contingently ;:pprove-d by the Director prior to the execution of this Agreement. In addition, as <br />appropriate, the Eoirawer Jhal) execute an approved intermunicipal service agreement, as described <br />in the State of Oluo .EPA Guidance far a User Chargc System, a,s amended. <br />(b) 11- e Borrower shall complete sII activities and documents proAded in the Qperation and <br />Maintenance ;OFiM j Program Plan as amended. <br />(c) If ciee.nec neceasary by the approved Facilities Plan, the Borro-uver shalI be in compliance <br />with any requ:red sew-er system evaluation and rehabititarion schedsles, as described in the approved <br />Facitities Plar., accepted L-i the Approved Applicaiion, and incorporated into this Agreement on <br />Exhibit 2 as "Special Terms and Conditions,a and made a part hereof. <br />(t) T:ie Borruwet :;?ta11 camply with appropriate "fair sharc:" goals for utilization of minority <br />6usiness enterprises ("MBE") and women's business enterptises ("WBE") as well as MBE/WBE <br />reporting recruirerner;ts as described in the MBElW$E Guidance, as amended. <br />(e) 031 the da:e one year after Initiation of Operation of the Project Facilities, the Borrawer <br />shall prepue and submit to the Director the Perfornsance Certification report attd Perform$nce <br />Certification, a form of which is set forth in Exhibit 4 attached hereta and made a part hereof. <br />Shouid the Pr:)ject Facilities not be in compliance with the PerfarmancF Criteria, on the date one <br />year after Init'atic,n cf Ope:ratian of the Project Facilities, the Bo-r'ower will prepare and submit to <br />the Directar a co-rcctive an.tion report outlining what tasks aze necessary to meet the Perforr.?ance <br />Criteria, and se:!tang fcrth a schedule, acceptable to the Siatc, which will aliow the Borrower to meet <br />said Performance Cr_feria. <br />8
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