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HomeMy WebLinkAbout31 of 1933 - A resolution approving “Loan Agreement” between Salt Lake City and the United States of America, for , k 31 REMARKS: ; i Resolution No. Finch i' 4 ' By Commissioner i 1 , ApprOving "Loan Agreement between Salt Lake •ity and the t U.S. of America, for loan in t e I, , sum of $250,000.00, for work 1 1 under P.W. A. projects. 1. i 1 I 1 I i nrmatod to ths Board et Orentalso le Am> rtiftsgE4 td 0 V i 7 lila _ i Cita X004491tik , , 1 trtilmmiftiom , ! , i 1 ; I I _,-4 _ — -- ---- , . V 0 S:al,Lake City,Utah, 193 VOTING AYE NAY 1 Finch - I move that resolution No by Nlr.-. Keyser �' he adopted. Knight /_� �/ _ _ 1.11 LEE - - - - V. 7.-" - - • Mr.Chairman - - - - / Result 4- i. I L Z L1LYYTYY• SNUZM, it is nsomseary to the immediate preservation of the pmese,healtb 104 safety of Salt Lake City that it iamodiotely her. row from the United States of America the sun of $715,0C;i and to seen; the grant aanti sued in the contract ?;.ereineftar sot forth) and MMUS, slither swab loan nor grant can be secured exempt oa the torus and conditions set forth in said contracts and BJSLAB, said contrast is fair and reasonable and to the interest of Colt Lake City *el it be consummated as speedily as possible. NOW, MAMBA, Bt I? P UOLUD by this Board of Commiseian. ere of talt Lake City as follows MINX I. That the following contract between ta1t Lake City, a municipal corporation of the State of Utah, and the United States of Marisa, is hereby appro►sdm LCAB ACPIL ? dated as of , ISSa, between SALT LMC.1 CIIT, a agaicipal corporation of the Atate of Utah, (heroin called the *lorrow.r'), sud the VSITED STATES OF A)1.7RICA, (herein called the 4G0741rnnent.a) LALZ clef*cLT Pk VIkluI* L. Savant of joa and Grant, ;purehasa Price and Purcell,. Subject to the terms and conditions sat forth below, the Borrower will sell and the Governmmat will purchase not to exceed $715,000 aggregate principal moist of the bonds (heroics aelied the "idol of the Borrower, at 140 per system of the principal anoint ' plus accrued Interest, and, in addition to the amount of the ; be purchased the Consrnacnt will treat to the Borrower en ass not to exceed 30 per centum of the cost of the labor and materials employed on the Project as herein described (the amount of such grant being herein called the nGrants) but in no event shall such Grant mm- ceed in the aggregate $270,000, the proceeds derived from the sale of the Bonds and the amount paid on account of the Grant to be used for the construction by the Borrower of various public improvements in the city and for other and incidental purposes; all pursuant to the Borrow- er's application (Docket No.1108) the proceedings authorising the issu- ance of the Bonds, Title II of the National Industrial Recovery Act (herein caled the PACT'), approved June 16, 1933, and the Constitution and Statutes of the State of Utah. 2._DIscriotion of Bonds. (a) Title: The title of $250,00 of t$te bonds shall be Tax Anticipation Bonds of 1933 and the title of $465,000 of the bonds shall be Tax Anticipation Bonds of 1934. (b) Authorized Principal Amount: $715,0001 (c) Type: Negotiable, General Obligation, Coupon Bonds. (d) Rezisterable: So far as permitted by law. (e) Date: The date of the Tax Anticipation Bonds of 1933 shall be October 1,1933, and the date of the Tax Antici- pation Bonds of 1934 shall be January 1, 1934. (f) Interest: Four per centum per annum, payable as to the Tax Anticipation Bonds of 1933 semi-annually on the first day of October and April in each year until maturity, and as to the Tax Anticipation Bonds of 1934 on the first day of July and January in each year until maturity. (g) Maturities: The Tax Anticipation Bonds of 1933 shall mature in the amount of $50,000 on October 1,1934, to 1938 both inclusive, and the maturities of the Tax Anticipation Bonds of 1934 shall be such as are mutually agreed upon between the Borrower and the Government. 3. Form, Text and Sample of Bond. The Bonds shall be in form and text satisfactory to the Government. Before the Bonds are prepared, the Borrower shall submit a sample or specimen bond (with coupons) for ap- proval by the Government. J 4. Method of Purchase of Benda. The bonds shall be purchased at private sale in aeeordanoe with the lava of the State of Utah. Subject to the terms and conditions of this Agreement, and upon reasonable adverse* notice by the Borrower to the Government of the date fixed by the forrowes for the sale of say blush of the Bonds, which notice sad date shall be satisfactory to the Government, the Government will ar- range to purchase and to take up and pay for the Bonds in blocks from ties to time as lends are needed for the rojset. b. Mpunt of sonde to ha Purchasm. The Government shall be under ne oh1igstion to purchase or to accept deliver, of sad make payments for Bonds. beyond the amount, which, together with the amounts paid to Os Borrower as a Grant, as hereinafter provided, shall be nssessary, in the judgment of the Government, to complete the project. Ion ease any of the Bounds ere sold to purchasers other than the Government, the principal amount of Sends which the Government is obliged to purchase shall be corresjoudiagly reduced. • e. $posit of Based Proceeds and prams fijalijagjtma. Promptly upon reeslpt thereof, the 3orray.r will pen all acrraed interest which it receives from the sale of the Bonds into the Hood end Interest oinking Fund account for the Bonds. It will deposit the remaining proceeds from theists of the Sends, together with the Grant, in a beak or beaks shish are members of the redezal Reserve System, in a special account or accounts, each such eposial account to be eoatiameusly secured by a pledge to the Borrower of direct obligations of the baited States of America, having we aggregate market value, esslnaive of aoorned inter- est, at al time at least equal to the balms' as deposit is each rush special account. Fuck securities well either be deposited with the Borrower or be held by a *natee or spat satisfactory to the Govern- meat, provided the trust or agsaq agreement is satisfactory to the Government. Any balRmse or balances remaining unexpended in mush special, account or accounts after the completion of the Projset and not required to moot unpaid obligations imsarred in connection with the construction thereof, shall be paid into said bond sad interest sinking fund amount, and, together with the accrued interest aforesaid, shall be used sow for the payment of the interest on and principal of the Sodas or, said -4= unexpended balance or balances may be used, insofar as permitted by law, for the eureka** of such of the Dads es are then outstanding at a pride (exclusive of accrued interest) not erseeding the principal amount thereof; and said accrued interest end unexpended balance or balances are hereby pledged to such uses. Any foods to purchased shall be cancelled, and no Witiaaal Bonds shall be tamed in lip thereof. Benda when eaneelied shall be submitted to the Goverment for recording. T. Disbursement of Grant and Bond Premeds. The narrower will ex. pond the funds represented by the Great in such "metal account or re- counts only in paying the costs of ecnstrusting the Project. It will expend the funds derived from the sale of the bonds in such *metal account er accounts for suck purposes as shall have been previously specified in sertitiestoe accompanying the appropriate requisition to the Governes % and approved by the Government. blI 112 1. Amtroval or Aereement,. Prior to the execution of this Agreement, the Borrower will have: adopted a resolution setting forth this •greenent in full, approving the saws and authorising and directing the execution and delivery thereof by the officials designated to sign the same on its behalf. The narrower w111 prow2tly send to tha Government omelets ex- tracts from the minutes of the meetings of the Borrowssts governing body showing all proceedings takes ineident to vend authorization, in- cluding a Dopy of said resolution, all dull certified (together with proof of sufficient publication of such resolution, if publication there- of is required by law), and three signed copies of the Agreement. 8. Preliminary Promgginob norrever. Promptly after the *men- tion of this Agreement, the Borrower wilt (a) Retain municipal band counsel of recognized national standing (herein called *Bond Counsel"), satisfactory to the Government, to assist the Borrower in the pre- paraticn of the legal proceedings rolstire tb the authori- sation, issuance and sale of the Bonds, end to give the a legal opinions referred to below; (t) ::'end to Bond Counsel a copy of this Agreement end two certified copies of the transcript of bond proceedings to date, and will obtain advice of such Bond Counsel as to further proceedings neceseoryj (c) Instruct Bond Counsel promptly to eubuit to the Govern- ento (1) A certified transcript of all bond proceed- ings to date, if any, approved by the Bond Caunselj and (2) r: draft of the proposed proceedings (including the fors of bond) authorising the issuance of all of the Bonds, and providing for their pay- ment and sake, all approved by iond Counsels (d) Submit to the Government, plans, drawings, and specifica- tions of the work and materials called for by the proposed contracts; the latest data as to the expected cost of the Project; as to when and how it is proposed to advertise for bids end to let contracts for the work; as to when and how it is proposed to acquire the necessary lands, ease- meats, franchises, and rights-of-wsyj an estimate as to the amount of money that will be needed at the time of the purchase of the Bonds; end any other details or data that eisy be requested by the Governnsntts engineers; (a) Procure and submit to the Government such. Federal, Sate or loce,i permits, licenses or authorizations as nay be required ay low, and oe the Government hay deem advlubls, then to be obtained in connection with the Project, the Bonds ,ad the Grant. t. first Recuisitiana. When the provisions of Paragraph 2, PeRT TWO, hereof, shall have been complied with to the satisfaction of the internment, the Borrower will then take the necessary proceedings, If Ili ', to authorize the Bonds, and may at any time thereafter file with Government a requisition requesting the Government to accept de- -cry of and make payment for such eaount of the Bonds as will provide -6r . sufficient rands for the eon:,truotion of the Project for a reasonable le rind, .specifying the erincipal amount, serial numbers and maturities (which maturities shall be satisfaltory to the Government) of the Bonds of such block end the date when it is desired to complete the delivery thereof (which date shall be not earlier than ten days after the ^overnoeates receipt of ouch requisition, unless the Government shall waive such time limit), such requieltion to be cccoapanied byt (a) A certificate by a duly qualified officer of the Borrow- er showing in reasonable detail the purpose for which the Borrower proposes to expend the proceeds of the current Klock of "sonde; (h) A certified transcript of all bonds proceedings taken to late (other than proceedings of which a certified transes$pt has already been delivered to the Government), !noludisg the form of the Bond; (c) ' *tuned and dated no-litieetton certificate signed by the Borrower's lv torney, weeding all of the Bonds; (d) Two specimen bowie with coupons sttecbed/ (e) Two signed and dated copies of a preliminary opinion of *fond Counsel covering all of the Wands, and to the effect that the clads, when executed, sold, delivered and paid for, will be valid and binding obligations of the Borrow- er, in accordance with the terms thereof, payable and as- cured as Fisted in Pxraeraob a (h), PdiT )31". hereof; each also cninion abellaset forth the existiue tax limitation, which oeini.on shell be datisfact0ry to the Government. (f) Tro unsigned and undated drafts of a final opinion of Bond fiiunrel, to the effect that the Bonds of the current blc:ek are valid and binding obligations of the Borrower, in ec- cordanec with the terns thereof, prysble end secured as at..•ted in peregraph a (h), PART ONF'., hereof; such opinion shell also get forth the existing tax liaitst].on, *bite o;cinion shall be eatiefadtory to the Government. (g) Two unsigned and undated drafts of a certificate by the -7- Borrower, showing the changes, if any, in the financial condition of the rrower, other than such changes as era neeeseyry thd inci(Frtel to the ordinary end usual conduct of tl'e Berrievls affaire, since the date of the most recent financiel statement or certificate previously rubmitted to the Government (specifically deseribing eoch statement or certificate), end declaring Whether or not the finotcial coeditiot of the Borrover is as favor- able es at the date of said moat recent financial state- ment or certificate; (h) TWO unsigned and undated drefts of a signature and no- litigation certificate covert: . thc Bon& of the current block and relating to the execution thereof; (i) Two unsigned and und*ted drafts of a delivery and payment certificate cowering the Bonds of the current block; (1) 1. letter from a bank which is a member of the Federal Be- terve 4stee, to the effect that ouch bank *ill accept deposits of the Grant and of the proceeds of the sale of the Bonds and will secure such de2osits as in this ;47re-el- newt provfeed; (k) A statement that, on or before the date the Bonds of the current block t4•0 purchased or subsequently -ta shall be Satisfectory to the UJverament, the Borrower will enter intc contracts for the coretruction of the Project, or the aajor portion thereof, et prices which will insure completion csf the work within the eat :fetch curt previous- ly subm,tted to the eoverneettle engineers, and that the Borrower will furnish the Government with satisfactory wiurances an to the ability of such contractors to nest their obligations in accordance with the tarns thereof. All the documents described in this Paraeraph shall be satisfactory e form and substance to the lovernnent. 4. 11!irat ?Lemont. If such requisition and the documents accompany- saws are satisfactory to the Government, upon reasonable notice to *n 1'44) terfr9i! ad conditions of this Agreement, 4 -a- the Government will arrange to accept delivery of and make payment for such block of Bonds at the Maker Bank and Trust Compsaoy, salt Lake Citpy, Utah, or at such other plea* or places ao the Government may designete, against delivery by the Borrower of such block of Bonds (having all unmotored coupons attached), and the following documents In the fora theretofore approved by the Ooverneents (a) Two signed and dated counterparts of each of the docu- ment* duribed in Cub-paragrahs (f), (g), (b), (1), and (j), of Paragraph 4 PART TWO, hereof; such docuoents to be dated as of the date of delivery of and payment for the Bonds of such block. b. IsyneneyllaialimaglijaiLL Prom tie, to time after such first payment, but not more often than once a month (unless otherwise satis- factory to the Government), the C'urrower ell file requisitions with the Government requesting the Government to accept delivery of and make payment for such ad it nal blocks of the Bonds as, together with such portion, if any, of the Grant, requested simultaneouely with such re- quisition, will provide funds for the construction of the Projeet for a reasonable period, specifying the principal amount, serial numbers adImaturities (which maturities shell be satisfactory to the Government) of the onds Included in such block and the date when it is desired to complete dflivery of and peyment for the Bonds (which date shall be not earlier than ten days after the Govern:mutts receipt of such re- quisition unless the Government shell waive such time limit), each such requisition to be aceompanied by* (a) 61* affidavit of a duly authorized officer of the Borrow- er, approved by the engineer or architect in rosctonxible charge of the construction of the Project, covering in such detail as the Goverrmentts engineers mey request. (1) The purpose for which the Borrower proposer to expend the proceeds of such block of Bond', and, it such requisition shall be accompanied by a resio- sition for a payment on account of the Grant, es authorised by Paragraph 7, Par TWO, hereof, the purposes for *kick the Darrow*r proposes to expend 6 -9- such portion of the Grant; ( ) An accounting for the expenditures made from the proceeds of all blocks of Bonds theretofore sold and for all payments, if any, theretofore received on accoubt of the Grant pursuant to ParagraPh 7, Alif re0, bereof, insofar as such expenditures have not previously teen so accounted for* (B) The cost of the labor and materials employed upon the project to the date thereof; (4) The quantities of work actually completed to the date thereof; (t) The quantities of work actually completed *mini each of the periods between all respective requisi- tions; (6) The amount of funds expended upon the Project during each such period; (7) The amount of funds expended durint each such period for the labor and materials employed upon the Project (b) statement by each bank in Which any prior payments on pccount of the Grant or the proceeds of any prior purchase of the Bonds have been deposited in a special account or accounts, the collateral security therefor, and hos such collateral is held, provided that no such statement needs to be submitted by any tank in which no such balance re- mains Qn deposit and which has previously so certified. (c) Doeulents corresponding to those described in Sub- paragraphs (f), (g), (h), (1), and (k) of Paragraph t, Pen TWO, hereof. The requisition, and the documents described in Zub-Paragrephs ( ) and (b) of this Paragraph, shell bear the seas date. The documents desert/ ed in eub-parsgra2h ,tt of this Peragreph shall be dated as of the date of delivery and payment. G. /104truidlate Panamint,. If such requisition and the documents accompaeying same are satisfaetory to the Government, upon reasonable notice to the Borrower, and subject to the terms sad conditions of thi 11 4 -au- Agreement, the Government will arrange to accept delivery of and to make payment for the Bonds included in such Block as requested (or push smaller amount thereof, as, together with the paysent, if any, made on account of the Grant, the Government shall deteruint will provide funds for a period which the Government shall deem reasoneble) at the Walker Ealsk and Trust Company, aalt Lake City, Utah, or such other place, or places, as the Government may designate, against delivery by the Borrow or of such block of hands, (having all unmatured coupons attached), and the following documents in the fora theretofore approved by the Govern- ments (a) Tao rimed and dated counteraarts of each of the doeu- cents described in aub-aaragraphe (r), (g), (h), (i) and (j) of Paragraph t, PART T60, hereof, covering the bonds of the current block, and dated as of the date of delive. of and payment for the Bonds of such block. 7. TEL OW/. The Borrower may, with any requisition (al. the our chase of Bonds tiled in accordance with the provisions of Paragraph 5, PAP? TWO, hereof, (or at any time after the final block of bonds shall have been sold, delivered mad paid for, but not more often than once ea aosek) rile requisition requesting the Government to make a payment to the Borrower on account of the Grant, as provided in this Paraeraph. I such requisition and the documents accompanying same (described in aub- paragrahe (a) and (b), Paragraph 5, ,atT TaO hereof) shall be aatisfat tory to the Government, then, subject to the terms and conditions of this Agreement, upon reasonable notice to the Borrower and within a re sonable tine after the receipt by the Government or mach requisition a. documents (but not earlier than ten days eater the receipt thereof, un less the Government shall waive such time limat) the Government will pay to the Borrower an amount equal to twenty-five per canto* of the c of labor and materials employed upon the Project, not exceeding, hover with all previous paymente on account of the Grant, an amount equal to twenty-five per centum of the total cost of such labor and materials r rhown in all statements theretofore approved by the Government. Loch cements will be made at the *taker Bank and Trust Company, Silt Lake -U- , City, Utah, or such other piece or places as the Government may desi; nate, against delivery by the Borrower of its recetpt therefor. 8. Filial ite uieltion and oawsent on :.csount of the Grant. when the Project has been completed and all cost incurred in connection therewith have been determined, then the Borrower may file the final requisition with the Government requesting 'he Government for the fin portion of the Grant. 6uch requisition shall be accompanied by* (a) x, statement corresponding to the t described in >u'c- paragraph (b), of Parag,raph 5, 'AB? 1114, hereof) (h) :'A affidavit corresponding to that described in :'ua- paragrsc:h (a), of Paragraph 5, PART The, hereof, which shall also be approved by the Government engineers (c) itt affidavit by the engineer or architect in res:onsibl charge of the construction of the Project, (Which shall be approved by the Government Engineer), showing., among other things, and in such detail as shall be satiefecto to the Government, (1) The quantities of work completed during each of th periods between the dates of each respective requi sitiony (4) The cost of the labor and materials employed upon the Project, the total costs of the Project, and separately, the amounts of such costs expended. (a) The completion of the Project in accordance with the plans and specifications therefor. The term "Government Lngineer" es used herein, shall mean the itatao Engineer (i'., .`.) or his duly authorised representative, or any per to rhos his duties or functions may be transferred by the Federal imergency Administration of Public forks, or its successors. If such requisition and the deouaents accompanying the same a atisfoctory to the Government, then, subject to the terms and oar, yions r.:f this Agreement, the overnment will p:y to the horroeor 1 of money, Which, together with all palmate theretofore made, on of the Grant, shall not exceed 50 per centum of the cost of the 1 cad materials employed upon the Project, but in no event, to seem -1! the aggregate, together with all such previous payments, the sum of n70,000. such final payment shall be Wade at the walker Bank and ;rust Company, Salt Lake City, Utah, or at slush other place es the Gore] meat may designate, 14gninst delivery by tt�e Borrower of the Borrower's receipt therefor, such receipt to be dated av of the date of such final payment. Cull :WiCTICA COMAC?8 1. Construction Contracts, All construction contracts made by the Borrower and all sub-contracts for work on the Project shall be subject to the rules and regulations adopted by the Government to carry out the purpose and control the administration of the -at, and shall contain prc visions appropriate to insure thats (a) Convict Libor. No conriet labor shall be employed on the Project, and no materials manufactured or produced by con- riot labor shall be used On the Project. (b) 40-Hour Week.. Except in executive, administrative and so; misery positions, so far as practicable end feasible in the judgment of the Government, no individual directly employed on the Project shall be perm'tted to work sore than thirty hours in any one week, or, except in cases of caergeney, on any eundays or legal holidays; but in aeeo: anee with rules and regulations from time to tine made b, the Government, this provision shall be construed to ?or nit working time lost heesus* of inclement weather or on avoidable delays in any one week to be made up in the si- cowling twenty days. (a) i'iget (1) All employees shall be paid just and reasoneb wages which shall be compensation sufficient to provide for the hours of labor as limited, a standard of living decency and comfort; (E) All contracts sad subcontracts shall further prescribe such wisdom wage rates for skilled and unski -12s- labor as may be determined by the Government and shall be subject to all rules and regulations which the Government may promulgate in connection therewith. such minimum rates, if oar, shall also be stated in all proposals of bids submitted including those or subcontractors; and is clearly legible statement of all wage rates to be paid the several classes of labor employed an the work shall be posted in a prominent and easily accessible place at the site of the work. All comOrectora shall keep a true and accurate record of the hours worked by and the wages paid to each employee and shall furnish the Government with sworn statements thereof on demand. (Y;) .11 employees shall be paid in full not less often than once each weak and in lawful money of the United etates of America in the full amount accrued to each individual at the time of closing of the payroll, which shall be at the latest date practis•ble prior to the date of payment, and there shall be no deductions on account of goods purchased, rent, or other obligations, but such obligations shall be subject to collection only by legal process. (d) Labor Preferences.. Preterenoe shall be given, where they are qualified, to el-service man with dependents, and then in the following orders (1) To citizens of the United Stetee and aliens who hove declared their intention of becoming citizens, who are bona fide residents of the City of Colt Lake City, Utah, sad/or county of Galt Lake, and (L) To citizens of the United i totes and aliens who have declared their intention of becoming citizens, who are bona fide residents of the Fiats of Utah, prokided, that these preferences shall apply only where such labor is available e s*11flM to merform the work to which the employment - i relates. (e) jplovnent bsrvices. :o the fullest extent possible, labor required for the Proje.t and appropriate to be tenured through employment services, shall be chosen from list* of qualified workers snub Ctted by local employment agencies designated by the United :tatea Employment emr- viee, provided, however, that organised labor, skilled end unskilled, shal not be required to register at such loeal employment agencies but shall be secured in the customary ways through recoVeissd union 8ocala. _.n the event, how- ever, that qualified workers ars not furnished by the union locals within 48 hours (tuedays and holidays exclud- ed) after request is filed by the employer, such labor may be chosen from lists of qualified workers submitted by local employment agencies designated by the United states i_.uployeent service. In the esleetion of workers front lists prepared by such saployeent swamies and union locals, the labor preferences provided in sub-paragraph (d) supra, shall be observed in accordance with such rules and regulations as the Government may prescribe. (f) Suzan Labor. In . ccordence with rush rules and regulations as the Govern sent may prescribe, the maximum m of human labor s shall be used in lieu of maehinsry wherever practicable and consistent with sound economy and public advantages end to the extent that the work may be accomplished at no greater expanse by buses labor than by the use of machinery, and labor of requisite qualifications is available, such Kaman labor shall be employed. (g) Accident Prevention. Every cont:trustion contract for work on the Project shall contain en undertaking to comply with all applicable provisions of the laws and building end construction codes of the etete, Territory, Gistriet andlot municipality in which the work is dons end with any regule. tioms for the protection of workers which may be prosul- geted by the Gevern en t. (h) Comaanaati¢a Znghraaaa. every construction contract for work on the Project shall contain a provis..oa requiring the employer to furnish compensation iasurence for in- jured ',ricers and to give proof of such adequate issu- ance satisfactory to the Government. (1) ?arsons entitled to bansfi,ta„t Lspor. Provisions. every ;arson who performs the work of s laborer or of a as- thenia on the Project, or any part thereof, shall be en- titled to the benefits of the labor and wage provisions hereof, regardless of any contractual relationship be- tween the contractor or subcontractor and ach laborer or mechanic. (j) Bondint of . 1trbcta. Construction contracts shall be supported by adequate surety or other bawls or security satisfactory to the Government for the proteotian of labor and material non employed on the Project or any part thereof. (k) $aterisls. Go far as articles, eaterials, and supplies produced in the United Mates are concerned, only articles, materials and supplies produced under codes of fair com- petition adopted pursuant to the provisions of Title 1. of the Act, or under the President's Heeaployment Agree- ment, shall be used in work on the Project, except when the Government determines that this requirement is not in the public interest or that the consequent cost is un- reasonable. Co tar as feasible and prgetieable, and sub- ject to the above, preference shall be given to the use of locally produced materials if such use does not involve higher cost, inferior quality or insufficient quantity, subject to the deterainaticnz of the Government; but there shall be no requireatat providing price differentiations for or restricting the use of materials to those produced within the Nation or .-tale (1) jaeaectien and ltaeorda. The Government, through its an- thosised agents, shall have the right to inspect all work !led as it progresses and shall have **mesa to all payrolls, records of personnel, invoices of materials, and other data relevant to the performance of the aontraot. (a) Benorta. Oobjeet to such rules and regulations as the Government may prescribe, contractors and subcontractors gall asks reports in triplicate to the Government month within five days after the close of each calendar south an forms to be furnished by the United states Department of Labor, which reports shall include the amber of pars am their pay rolls, the aggregate amount of the pay roll the man hours worked, wage scales paid to various clasae of labor and the total expenditures for materials. The contractors shall also furnish to the Government the non and addresses of all subcontractors at the earliest date practicable. (a) px.o,lianee with Title I of ths Act, :.11 contractors an subcontractors must comply with the conditions prescribe in vection 7 (a) (1) end 7 (a) (2) of Title I of the act. k. Restriction as to Contractors, No contract shall be let to contractor or subcontractor who has not signed and complied with the applicable approved code of fair competition adopted under Title I of Act for the trade or industry or subdivision thereof concerned, or, S there be no such approved code, who has not signed and complied with provisions of the President's Reamployuent Agreement. B. Termination far Brea*. The Borrower will enforce cdmplianc with all the provisions of this part of this Contract, and, as to as work done by it in connection with the construction of the rrojeet, will itself comply therewith. All construction contracts shall pro that if any such provisions are violated by any contractor or snbcc tractor, the Borrower may, with the approval of the Goverament, am shall at the request of the Gaverawiat, terminate by written motto the contractor or subcontractor the contract of such contractor os contractor, and have the right to take over the work and proseeht+ sass to completion by contract or otherwise and such contractor o contractor and his sureties shall be liable for any excess cost c 4 -17 ed thereby and/or, if so reques by the Government, the Burrower shall withhold from such contractor or subcontractor so mush of the compensation due to him as say be accessary to pay to laborers or mechanics the difference between the rate of vague required by the contract and the rate of wages actually paid to the laborers and nachanies. aiLXLI.LialLaS PEJPIZIi3M 1. .co struction o _Proi,et, fitter the purchase o the first block of Bonds, the Borrower will promptly commence or cause to be cJamenced the construction of the Project and will thereafter con- tinue the same with all practicable diepateh, in an efficient and economical Benner, at a reasonable cost, and in sctord.sncc with plans, drawings, specifications and construction contracts which, except for subcontracts, shall be in form satisfactory to the Government, end in accordance with such engineering supervision and inspection as the Government, or its repreeentaxivea, may require. Except with the prior written consent of the 4cwernment, no materials or equipment for the Project shall be purchased by the Borrower subject to any chattel mort- gage or any conditional sale or title retention agreement. a. Conaletion of Protect. The Borrower will complete the Pro.)ect within :,Q months after tee purchase of the first block of Bonds here- undar. Upon such completion the Borrower will furnish to the Government a certificate by the Borrower's engineers as to such completion and as to the total cost of the Project, accompanied by such ad ltienal data as the Government's engineers may request. B. Lepountsa The Borrower will keep proper books of records and accounts (separate from all other rec,rds and accounts) in which com- plete and correct entries shall be wade of all transactions relating to the Project. 4. Is.; pa. The holders of the Bonds shall h eve the right st all reasonable tines to inspect the Project and all records, ,ccounts end data of the Borrower relating thereto. -18'- b. jpfor*tion. aortae the construction of the Project the Sorroaer will furnish to the Government all such information and date as the Government's engineers may request as to the construction, cost and progress of the work. The Borrower will furnish to the Government and to any holder of Xs per centua in a.gNregate principal mount of the bonds, such financial statements and other information and data relating to the Borrower and the Project as the Government or any such holder from tie* to time may reasonably request. e. condition Precedent to the Oovermentla Ubli.atiosia, The Go►arn- want shall be under no obligation to purchase any of the hondas (a) Cost of Projects If the Government shall not be satisfied that the Borrower will be Ole to construct the Project within the cost estimated at the time when the loan was approved by it, unless, in the event that additional funds epeear to the Government to be necessary in order to pay 11 full the cost of the construction of the Project, the Government shall be satisfied that the Borrower will be able to obtain such funds, as needed, through additional borrow- ing or otherwises (b) Comallsbees If the Borrower shall not have complied, to the satisfaction of the Government, with all agreements and conditions contained or referred to in this agreement there- tofore to be complied with by the Borrower and in teas ordinense authorizing the isauebe:e of the Bonds; (c) Lem' siattersa If the Government shall not be satisfied as to all legal mutters and Broceedinga affecting the Bonds, the security therefor or the Projects (d) Poores•ntationsi If any representations nude by the Borrow- er in this agreement in the loan application or any other data submitted by the Borrower shall be found by the Govern• went $ be incorrect or incomplete in any material respect; (e) Financial Condition. If, in the judgaast of the Government the financial condition of the Borrower shall have changed mlfavorably in a material degree from its condition as theretofore represented to the Government. No waiver by the Government, express or implied, of any such condition shall constitute a waiver thereof as applied to any subsequent obligation of the Government under this Agreement. 7. georesentations and Warranties. The Borrower represents and warrants as follows: (a) Authorization. All necessary authorizations, permits, li- censes and approvals from Federal, State, County, municipal and other authorities have been obtained for the construc- tion and operation of the Project; (b) Litigations No litigation of other proceedings are now pending or threatened which might adversely affect the Bonds, the construction and operation of the Project, or the financial condition of the Borrower; (c) Financial Condition: Since the date of the financial state- ment furnished to the Government as a part of the loan ap- plication, there have been no changes except such changes as are necessary and incidental j:o j;he ordinary and usual conduct of the Borrower's affairs, in the character of the assets or the financial condition of the Borrower, and the same are as favorable as at the date of said financial statement; (d) Fees and Commissions: No fee or commission has been or will be paid by the Borrower or any of its officers, em- ployees, agents cr representatives, and no agreement to pa, a fee or commission has been or will be entered into by or on behalf of the Borrower, or any of its officers, employees, agents or representatives, in order to secure the loan and/or irant'iereunder; (e) Affirmations Every statement contained in this Agreement, ih the Borrower's loan application, and any supplement • thereto or amendment thereof, and in any other data sub- mitted or to be submitted to the Government by or on behalf of the Borrower is, or when so submitted will be, correct and complete, and no relevant fact materially affecting the Bonds or the Project has been or will be omitted there -4IY' t from. a. jpdeeaifieatiou. The Borrower will indamnif7 the Government and all purchasers of the Bonds from the Government against any loss or liebility incurred by rearm of any inaccuracy or incompleteness in any -turn representation contained herein. In the event that there shall be any ins+csuracy or incompleteness, the Government shall be entitled (in ad- eAtion to the above right of mnd.amnifieation and any other right or remedy) to tender such Bonds ar any part thereof t0 the Borrower and recover the prime paid therefor by the Government. R. Use of Government's Nelms. ;without the prior written consent of the Government, the Borrower will not refer to this agreement, or to my purchase by the Government 4f the Bonds as an inducement for the nurchate of any securities (including Bonds repurchased from the Government) of the Borrower, and will not peat't any purchaser from it of any such securitiea to do so. 10. :.ale of Bonds by the Government. The Borrower will take e11 such sups as the Government say reasonably request to Rid in the sale by the Government of any or all of the Bonds. Upon request, the Bor- rower will furnish to the Government or to any purchaser from the Government of a per cant in aggregate princiosl amount of the Bonds, information for the preparation of a bond circular in customary farm, signed by the proper official of the Borrower, containing such data as the Government or such purchaser reasonably may request concerning the Borrower and the Project. 11. p,Yuensas. 1a Borrower will pay all costa, charges and Mt- menses incident to compliance with all the terns and conditions of this Agreement on its part to be complied with, including, without limiting the generality of the foregoing, the cost of pre.aring, executing and delivering the Bonds end obtaining ell legal opinions required herein to be furnished by the Borrower. 12. ;;uooleetental Instruments. Upon request the Borrower will fur- nish such data, agreements and other instruments us the Government may deem necesaory or desirable in connection with the performance of the obligations of the Borrower under this Agreement or the Bonds. 13. Alreeiaant fiat for the Benefit of Third Parties. This agreement is not for the benefit of any person or corporation ether than the parties hereto, their respective successors or eseigne, and neither the holders of the Bonds nor any other perean or corporation, except the parties hereto, their respective successors or neatens, Shall here any rights or interest in or under this Agreemeut oxcart as expressly provided fpr herein. 14. Useelleneouse ;his egreement shell be einding upon sped inure to the benefit of the perties hereto and their successors and assigns, and Shall inure to the benefit of the holders free time to Use of any of the Bonds; provided, however, that no rights of the Borrower here- under shall be essigeable exempt with the prior smitten consent of the Government. All obligations of the teorreeer hereendcr shell cease upon peyment in full of all the Bonds. This Agreement contains the entire agreement between the parties, and Abell be governed by and construed in accordance with the laws of the District of Columbia. IN WITNEEE 7MERLeig, eALT LAU CITY, a municipal corporation of the resits of Utah, and the OWITLD ereTee5 ei" Lt2C have respectively c,used this Agreement to be duly executed 4E. ef the day and year first above .ritten. CALI' Legg by geyor eeel. eTTIFT City ecorder. MUD eTATie eek egeRICA By Federel kmergency Adeinistretor of Public ieerke aCTIJN 2. The Ueyor is hereby authorized end directed to execute in tte naee of :elt resee City, e nunicieal corporation of the etete of 3tah, the contract referred to in election 1 of this resolution, ead the City aecereer is hereby authorised and directed to affix the egal ef the city and etteet the same; and the 'Ivor is further author- ized said directed to deliver said contract to the proper officers of the Federal intrgenoy Administration of Public Works. ZECTIOW E. It being necessary to the immediate preservation of the peace, health and safety et Celt Lake City this resolution shall take effect ienedtetelt. ECTlOM 4. This resolution shall take effect upon its adoption. Poeted by thj .Board of C�a0s:iss *hers of Zeit Lake City, Utah, thin 7.//` dty of - Zeida2,2,Ze&ti 10Z3. / Yaycir. City Beeordesr.`