AGENDA REPORTS - Laserfiche WebLink

Name of Recipient Agreement No.: XX-XXX-550 Project No.: C-06-XXXX-XXX 5.4 Termination; Immediate Acceleration; Interest. (a) This Agreement may be terminated by written notice during construction of the Project, or thereafter at any time prior to complete satisfaction of the Obligation by the Recipient, at the option of the State Water Board, upon violation by the Recipient of any material provision of this Agreement after such violation has been called to the attention of the Recipient and after failure of the Recipient to bring itself into compliance with the provisions of this Agreement within a reasonable time as established by the Division. (b) In the event of such termination, the Recipient agrees, upon demand, to immediately repay to --the State Water Board an amount equal to Project Funds disbursed hereunder, accrued interest, penalty assessments due, and Additional Payments. In the event of termination, interest shall accrue on all amounts due at the highest legal rate of interest from the date that notice of termination is mailed to the Recipient to the date all monies.due have been received by the State Water Board. (c) Where the Recipient is a private entity that has been determined to-have violated an applicable prohibition in the Prohibition Statement below or-has an employee.who is determined by USEPA to have violated an applicable prohibition in the Prohibition Statement below that is either associated with performance under this awareor imputed to the Reci ientusing the standards and due process for imputing the conduct of-an individual ta-an organization'pursuant to 2 CFR Part 180, the Recipient acknowledges and agrees that-this Obligation may become immediately due and payable and that penalties•up to$175 million maybe due by the Recipient to the State Water Board, in addition to any;-athercriminal or civil-penalties that may become due. The Recipient, its employees, its contractors, and any subrecipients or subcontractors may not engage in trafficking in persons, procure'acommercial sex act, or use forced labor. �., 5.5 Income Restrictions. \ j The Recipient agrees that any refunds,s rebates, credits, or other amounts (including any interest thereon) accruing to or received by,the Recipient under this Agreement shall be paid by the Recipient to the State, to the extent that they are properly allocable to costs for`which the Recipient has been reimbursed by the State under this-Agreement. \ ` \ 5.6 , Prevailing Wages. ' The Recipient agrees to be bound by all applicable provisions of State Labor Code regarding prevailing wages. The'Recipient shall monitor,all agreements subject to reimbursement from this Agreement to ensure that the-prevailing wage provisions of the State Labor Code are being met. In addition, the Recipient agrees to comply with Exhibit G (Davis-Bacon). 5.7 Timeliness. N Time is of the essence in this.Agreement. 5.8 Governing Law. This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. 5.9 Amendment. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in this Agreement is binding on any of the parties. 23