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2013-003 RES APPROVING EXECUTION AND DELIVERY OF LOAN AGREEMENT WITH LOAN FORGIVENESS
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2013-003 RES APPROVING EXECUTION AND DELIVERY OF LOAN AGREEMENT WITH LOAN FORGIVENESS
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CITY CLERK
CITY CLERK - Date
1/14/2013
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� <br />ARTICLE III. LEGAL REQUIREMENTS <br />3.01. APPLICABLE LAWS. In consideration of the performance of the mutual agreements set forth <br />in this Agreement, the City, by and through its designated and authorized representatives, agrees to plan, <br />design, and/or construct the Project in compliance with the following: <br />A. the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and the EPA's applicable implementing <br />regulations; <br />B. all federal laws and regulations identified on EXHIBIT C; <br />C. Texas Water Code; Chapter 15, §§ 15.601 — 15.618; <br />D. 30 TAC Chapter 290; and <br />E. 31 TAC Chapter 371. <br />3.02. LABOR STATUTES AND REGULATIONS. The City agrees to comply with the following <br />statutes and regulations, and shall execute the certifications required by the TWDB related to same. <br />Further, the City shall ensure that each contract for work on the Project shall also contain the following <br />requirements: <br />A. Equal Emplo,�ment Opporlunity. The City shall comply with Executive Order 11246 of <br />September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order <br />11375 of October 13, 1967, and U.S. Department of Labor regulations at 41 CFR Chapter 60, <br />relating to Office of Federal Contract Compliance, EEO. <br />B. Davis-Bacon Act Wa�e Rates. The City, its contractors and its subcontractors, for the Project <br />that is funded in whole or in part with Loan Forgiveness Funds, shall pay all laborers and <br />mechanics at rates not less than those prevailing on similar projects in the same locality, as <br />determined by the U.S. Secretary of Labor's Wage and Hour Division, in conformance with the <br />Davis—Bacon Act, 40 U.S.C. §§ 3141 - 3148, 29 CFR Part 5, relating to Labor Standards <br />Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction, and <br />29 CFR Part 3, relating to Contractors and Subcontractors on Public Work Financed in Whole or <br />in Part by Loans or Grants from the United States. All contracts and subcontracts for the <br />construction of the Project carried out in whole or in part with assistance made available as stated <br />herein shall insert in full in any contract in excess of $2,000 the contracts clauses as attached <br />hereto as EXHIBIT D. <br />C. Contract Work Hours and Safety Standards Act. The City shall ensure that its contractors and <br />subcontractors comply with the Contract Work Hours and Safety Standards Act, 40 U.S.C. §§ <br />3701 - 3708 and 29 CFR Part 5. <br />3.03. NO LOBBYING. The City agrees to comply with 40 CFR Part 34, relating to New Restrictions <br />on Lobbying. The City understands and agrees that none of the Loan Forgiveness Funds provided under <br />this Agreement shall be expended to pay any person for influencing or attempting to influence an officer <br />Page 6 of 14 <br />LGL-003 <br />
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