AGENDA REPORTS - Laserfiche WebLink

Name of Recipient Agreement No.: XX-XXX-550 Project No.: C-06-XXXX-XXX (1) Upon execution and delivery of this Agreement, the Recipient may request immediate disbursement of any eligible incurred planning and design allowance as specified in Exhibit B from the Project Funds through submission to the State Water Board of the Disbursement Request Form 260, or any amendment thereto, duly completed and executed. (2) The Recipient may request disbursement of eligible construction and equipment costs consistent with budget amounts referenced in Exhibit A-FBA. (Note that this Agreement will be amended to incorporate Exhibit A-FBA after final budget approval.) (3) Additional Project Funds will be promptly disbursed to the Recipient upon receipt of Disbursement Request Form 260, or any amendment thereto, duly completed and executed by the Recipient for incurred costs consistent with this Agreement, along with receipt of status reports due under Section 2.16 above./ (4) The Recipient agrees that it will not request disbursement for any Project Cost until such cost has been incurred and is currently due end.payableby.the Recipient, although the actual payment of such cost by the Recipient's not required as a condition of disbursement request. \ (5) Recipient shall spend Project Funds within 30 days of receipt. Any interest earned on Project Funds shall be reported to the Stat, Water Beard and may be required to be returned to the State Water Board or deducted-from future disbursements., (6) The Recipient agrees that it will not-request a disbursement unless that Project Cost is allowable, reasonable, and'allodable (7) Notwithstanding-any other provision of this.Agreement,'no disbursement shall be required at any time orin any manner which.is in violation of Or-in conflict with federal or state laws, policies,,-or regulations.A \ ,' �• i (b) The State Water.Board's obligation to disburse Project Funds is contingent upon the availability of sufficient funds to permitthe disbursements'provided for herein. If sufficient funds are not available forany reason;including but;not limited to failure of the federal or State government to appropriate funds necessarytfor disbursement of Project Funds, the State Water Board shall not ;'be.dbligated to make any'disbursements to the Recipient under this Agreement. This provision \shall be construed,as a condition-precedent to the obligation of the State Water Board to make any disbursements\u' rider this Agreement. Nothing in this Agreement shall be construed to providethe Recipient with�a right of priority for disbursement over any other agency. If any disbursements due the Recipient under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the State Water Board that such disbursement will be made to the Recipient.when sufficient funds do become available, but this intention is not binding. j 3.6 Withholding of Di`sbursents and Material Violations. (a) The State Water Board may withhold all or any portion of the funds provided for by this Agreement in the event that: (1) The Recipient has materially violated, or threatens to materially violate, any term, provision, condition, or commitment of this Agreement; or (2) The Recipient fails to maintain reasonable progress toward completion of the Project. (b) For the purposes of this Agreement, the terms "material violation"or"threat of material violation" include, but are not limited to: 13