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2017-01 Authorizing to Borrow from Water Pollution Control Revolving Loan Fund
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2017-01 Authorizing to Borrow from Water Pollution Control Revolving Loan Fund
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Last modified
5/22/2017 2:04:46 PM
Creation date
1/25/2017 4:24:36 PM
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Resolution/Ordinance
Res Ord Num
2017-01
Res Ord Title
Authorizing to borrow funds from the Water Pollution Control Revolving Loan Fund
Department
Public Works
Approved Date
1/17/2017
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The loan recipient agrees to permit the Agency or its designated representatives, including the Illinois Auditor General and the Illinois <br /> Attorney General, to inspect and audit the books and financial records pertaining to the project and the expenditure of the loan funds <br /> related thereto. <br /> 16. CONTINUING DISCLOSURE <br /> The recipient covenants and agrees that, if at any time the Agency shall notify the recipient that the recipient is deemed to be an <br /> "obligated person" for purposes of Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange <br /> Act of 1934(the "Rule"), the recipient shall promptly execute an undertaking in form acceptable to the Agency in compliance with the <br /> Rule in which the recipient shall agree, among other things, to provide annual financial information (as defined in the Rule) with <br /> respect to the recipient to all required information repositories for so long as the recipient shall be deemed an obligated person. The <br /> recipient shall be deemed to be an obligated person at any time the aggregate principal amount of one or more of the recipient's <br /> outstanding loans with the Agency, which are pledged to secure bonds issued on behalf of the Agency,exceeds a percentage(currently <br /> 20%)of the aggregate principal amount of all loans of the Agency pledged to secure such bonds. <br /> 17. WAGE RATE REQUIREMENTS <br /> The loan recipient is required to comply with Wage Rate requirements established in rules issued by the U.S. Department of Labor to <br /> implement the Davis-Bacon Wage Act and other related acts(29 CFR Parts 1, 3 and 5). These rules require a number of specific <br /> actions by the federal funding recipient(the IEPA), the sub-recipient(the loan recipient)and the contractor, including payroll record <br /> certification and reporting as required. More information and guidance on the Davis-Bacon Wage Act requirements are available on <br /> the IEPA web site. <br /> 18. USE OF AMERICAN IRON AND STEEL <br /> The loan recipient will be required to comply with the"Use of American Iron and Steel"requirements as contained in Section 436(a) <br /> —(f)of H.R. 3547, the"Consolidated Appropriations Act, 2014". <br /> 19. REPORTING REQUIREMENTS <br /> The loan recipient will be required to comply with the volume and frequency of reporting requirements that may be required by the <br /> federal or State funding authority. <br /> 20. ADDITIONAL COMPLIANCE ITEMS <br /> The loan recipient,prime contractor(s)and subcontractor(s)shall comply with applicable federal funding certifications, non- <br /> discrimination statutes,regulations and environmental standards, including but not limited to the following: <br /> a)The Americans with Disabilities Act of 1990,as amended,and 42 USC 12101 <br /> b)New Restrictions on Lobbying at 40 CFR,Part 34 <br /> c)Immigration and Naturalization Service Employment Eligibility Rules, (1-9 Forms) <br /> d)False Claims Act—Prompt referral to USEPA's Inspector General of any credible evidence of a false claim or criminal or civil <br /> violation of laws pertaining to fraud, conflict of interest, bribery,gratuity, or similar misconduct involving funds under this loan(Loan <br /> Recipient Only) <br /> e)The Coastal Zone Management Act of 1972, 16 U.S.C. 1451 (Loan Recipient Only) <br /> 21. CERTIFICATION <br /> By accepting this loan offer, the loan recipient certifies under oath that all information in the loan agreement and the related loan <br /> application is true and correct to the best of the loan recipient's knowledge, information and belief, and that the loan funds shall be <br /> used only for the purposes described in the loan agreement. This offer of loan funds is conditioned upon such certification. <br /> PAGE 4 OF 5 <br />
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