2009/12/23 Council Agenda Packet

• • 8 E. Due Regard For LOANs secured with a Revenue Obligation: The RECIPIENT has exercised due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility,and it has not obligated itself to set aside and pay into the Loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment,will be available over and above such Maintenance and Operation Expense and those debt service requirements. SEWER-USER FEE ORDINANCES AND USER-CHARGE SYSTEM Sewer-Use Ordinance or Resolution If not already in existence, the RECIPIENT will adopt and will enforce a sewer-use ordinance or resolution to require that all new sewers and connections are designed and constructed in accordance with applicable state and local standards. Such ordinance or resolution will be submitted to the DEPARTMENT upon request by the DEPARTMENT. User-Charge System The RECIPIENT certifies that it has the legal authority to establish and implement a wastewater treatment user-charge system and will adopt a system of wastewater treatment user-charges to assure that each recipient of the water pollution control facility will pay its proportionate share of the cost of operation and maintenance, including replacement during the design life of the PROJECT. In addition, the RECIPIENT will regularly evaluate the user-charge system, at least annually, to ensure the system provides adequate revenues necessary to operate and maintain the waterpollution control facility, to establish a reserve to pay for replacement,and to repay the LOAN. SIGNAGE All site-specific projects must have a sign of sufficient size to be seen from nearby roadways acknowledging department financial assistance and left in place throughout the life of the project or facility. Department logos must be on all signs and documents. Logos will be provided as needed SMALL BUSINESS IN RURAL AREAS (FOR FEDERALLY FUNDED PROJECTS) If a contract is awarded by the RECIPIENT under this AGREEMENT,the RECIPIENT is also required to utilize the following affirmative steps: 1. Place Small Business in Rural Areas (SBRAs)on solicitation lists. 2. Make sure the SBRAs are solicited whenever there are potential sources. 3. Divide total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by SBRAs. 4. Establish delivery schedules,where requirements of work will permit, which could encourage participation by SBRAs. 5. Use the services of the Small Business Administration and the Minority Business Development Agency of the U.S.Department of Commerce, as appropriate. 6. Require the contractor to comply with the affirmative steps outlined above. The negotiated "Fair Share Percentage" for the SBRAs is one-half of one percent. There is no formal reporting requirement for SBRAs at this time;however, it is highly recommended that the RECIPIENT keep records of SBRA participation. 59 Page 13 of ATTACHMENT 4