2011/12/28 Council Agenda Packet

12 • percent(1%) per month or twelve percent(12%) per annum of the delinquent payment amount. These same penalty terms shall apply if the repayment of loan funds determined to be ineligible costs are not repaid within thirty (30) days as provided for in Section 1.9. The Contractor acknowledges and agrees to the Board's right, upon delinquency in the payment of any annual installment, to notify any other entity, creditors, or potential creditors of the Contractor of such delinquency. Contractor shall be responsible for all legal fees incurred by the Board in any action undertaken to enforce its rights under this section. 1.14. LOAN SECURITY This Contract is a revenue obligation of the CONTRACTOR payable.solely from the net revenue of the Water system. Payments shall be made from the net revenue of the utility after the payment of the principal and interest on any.revenue bonds, notes, warrants or other obligations of the utility having a lien on that net revenue.. As used here, "net revenue means gross revenue minus expenses of maintenance and operations., This option may be used only if the entire project is a domestic water, sanitary sewer, storm sewer or solid waste utility project. The BOARD grants the Contractor the right to issue future bonds and notes that constitute a lien and charge on the revenue source superior to the lien and charge of this Loan Contract. Nothing in this section shall absolve the Contractor of its obligation to make loan repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under this Contract. • 1.15. HISTORICAL AND CULTURAL ARTIFACTS The Contractor acknowledges that the project funded by this Contract is subject to Section 106 of the National Historic Preservation Act of 1966. • Contractor agrees that Contractor is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural artifacts and agrees to hold harmless the State of Washington in relation to any claim related to such historical or cultural artifacts discovered, disturbed, or damaged as a result of Contractor's public works project funded under this Contract. • The Contractor agrees that, in no case shall construction activities, ground disturbance, or excavation of any sort, begin until the Contractor has complied with all provisions of Section 106 of the National Historic Preservation Act of 1966, as amended through 2000.. In addition, the Contractor shall not conduct or authorize destructive project planning activities before completing compliance with Section 106 of the National Historic Preservation Act of 1966, as amended through 2000, If historical or cultural artifacts are discovered during construction, the Contractor shall immediately stop construction and implement reasonable measures to protect the discovery sitefrom further disturbance, take reasonablesteps to ensure confidentiality of the discovery site, restrict access to the site, and notify the concerned tribe's cultural staff or committee,Tribal Historical Preservation Officer(THPO), Cultural Resources Program Manager at Washington State Department of Health, and the State's Historical Preservation Officer(SHPO) at the Washington State Department of Archaeology and Historic Preservation (DAHP). If human remains are uncovered, the Contractor shall report the presence and location of the remains to the coroner and local enforcement immediately, then contact DAHP and the concerned tribe's cultural staff or committee. . The Contractor shall require the above provisions to be contained in all contracts for work or services related to Attachment I: Scope of Work. In no case shall construction activities begin until the Contractor has complied with all provisions of Section 106 of the National Historic Preservation Act of 1966. In addition to the requirements set forth in this Contract, the Contractor agrees to comply with Native American Graves Protection and Repatriation Act, Archaeological Resources Protection Act, Revised Code City of Everett Page . Contract Terms and Conditions DM11-952-011 12/15/21 DWSRF NT Loan Contract(Municipal)