WITHHOLDING OF GRANT DISBURSEMENTS. A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement.
B. At such time as the balance of state funds allocated to the Grantee reaches five percent (5%), the BSCC may withhold that amount as security, to be released to the Grantee upon compliance with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final progress report; and
3) submittal and approval of any additional required reports, including but not limited to the Final Local Evaluation Report and the financial audit.
C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee.
D. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding.
WITHHOLDING OF GRANT DISBURSEMENTS. The State Water Board may withhold all or any portion of the grant funds provided for by this Agreement in the event that the Grantee has materially violated, or threatens to materially violate, any term, provision, condition, or commitment of this Agreement; or the Grantee fails to maintain reasonable progress toward completion of the Project.
WITHHOLDING OF GRANT DISBURSEMENTS. The State may withhold all or any portion of the grant funds provided for by this Grant Agreement in the event that the Grantee has materially violated, or threatens to materially violate, any term, provision, condition, or commitment of this Grant Agreement; or the Grantee fails to maintain reasonable progress toward completion of the Project.
WITHHOLDING OF GRANT DISBURSEMENTS. A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement.
B. The BSCC will not approve grantee expenditures for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee.
C. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding.
WITHHOLDING OF GRANT DISBURSEMENTS. The SWRCB may withhold all or any portion of the grant funds provided for by this contract in the event that:
(1) The Contractor has materially violated, or threatens to materially violate, any term, provision, condition, or commitment of this contract;
(2) The Contractor fails to maintain reasonable progress toward completion of the Project.
WITHHOLDING OF GRANT DISBURSEMENTS. The State Water Board may withhold all or any portion of the grant funds provided for by this Agreement in the event that the Grantee has materially violated, or threatens to materially violate, any term, provision, condition, or commitment of this Agreement; or the Grantee fails to maintain reasonable progress toward completion of the Project.
1. The Grantee certifies that the Project is intended to restore and protect the water quality and environment of coastal waters, estuaries and nearshore waters, or groundwater. Further, the Grantee hereby warrants and represents that this Project is capable of contributing to sustained, long-term water quality or environmental restoration or protection benefits for a period of twenty (20) years and to address the causes of degradation, rather than symptoms.
2. This Project is consistent with water quality and resource protection plans prepared, implemented, or adopted by the State Water Board, the applicable Regional Water Board, and the State Coastal Conservancy.
3. Notwithstanding Exhibit A, the Grantee shall submit a monitoring and reporting plan that will do all of the following:
a. Identify the nonpoint source or sources of pollution to be prevented or reduced by Project;
b. Describe the baseline water quality or quality of the environment to be addressed;
c. Describe the manner that Project will prevent or reduce pollution and demonstrate desired environmental results; and,
d. Describe the monitoring program, including, but not limited to, the methodology, and the frequency and duration of monitoring.
4. Notwithstanding Exhibit A, upon completion of the Project, the Grantee shall submit a report to the State Water Board that summarizes the completed activities and indicates whether the purposes of the Project have been met. The report shall include information collected by the recipient in accordance with the Project monitoring and reporting plan, including a determination of the effectiveness of the Project in preventing or reducing pollution, and the results of the monitoring program.
5. The Grantee certifies that if a recovery plan for coho salmon, steelhead trout, or other threatened or endangered aquatic species exists, this Project is consistent with such a plan and, if feasible, implements actions in such a plan.
6. The Grantee certifies that any real property or interests in real property acquired for this Project shall be acquired from a willing seller.
7. As part of this Project, the Grantee shall i...
WITHHOLDING OF GRANT DISBURSEMENTS. The State Water Board may withhold all or any portion of the grant funds provided for by this Agreement in the event that the Grantee has materially violated, or threatens to materially violate, any term, provision, condition, or commitment of this Agreement; or the Grantee fails to maintain reasonable progress toward completion of the Project.
1. The Grantee shall not use Project funds, including match funds, to engage in lobbying the federal or state governments or in litigation against the United States or the State of California. The Grantee’s Chief Executive Officer agrees to provide a written statement certifying that none of the funds have been used to engage in the lobbying of the federal or state governments or in litigation against the United States or the State of California. The certification is due ninety (90) days after the end of the Project period and shall be submitted with the final report. The Grantee shall comply with 40 C.F.R. part 34, New Restrictions on Lobbying.
2. The Grantee shall comply with Small, Minority, and Women’s Business (MBE/WBE) requirements as outlined in the State Water Board "Policy for Implementing the State Revolving Fund for Construction of Wastewater Treatment Facilities," including, but not limited to the following:
a. Include “fair share” percentages in bid documents, and
b. Follow the six affirmative steps stated in 40 C.F.R. sections 30.44(b), 31.36(e), 35.3145(d), or 35.6580(a), as appropriate. If applicable, the Grantee agrees to report DBE utilization to the Division on the DBE Utilization Report, State Water Board Form DBE UR334.
3. The Grantee shall comply with 40 C.F.R. part 34, New Restrictions on Lobbying, and include language of this provision in award documents for all sub-awards exceeding $100,000, and require that sub-recipients submit certification and disclosure forms accordingly. Any sub-recipient who makes a prohibited expenditure under 40 C.F.R. part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure.
4. No grant funds may be used to engage in lobbying of the federal government or in litigation against the United States.
5. The Grantee shall use recycled paper for all reports which are prepared as a part of this Agreement. The Grantee shall comply with the requirements set forth in section 6002 of the Resource Conservation and Recovery Act (42 U.S.C. § 6962). Regulat...
WITHHOLDING OF GRANT DISBURSEMENTS. 1. The CWDB and the EDD may withhold all or any portion of the grant funds provided for by this Agreement in the event that that the Contractor has materially and substantially breached the terms and conditions of this Agreement, including submission of required reports and data.
2. The CWDB and the EDD will not reimburse the Contractor for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently discovered to be ineligible, the CWDB and the EDD may either withhold an equal amount from subsequent payments to the Contractor or require repayment of an equal amount to the CWDB by the Contractor.
3. In the event that grant funds are withheld from the Contractor, the CWDB's Executive Director or designee shall notify the Contractor of the reasons for withholding and advise the Contractor of the time within which the Contractor may remedy the situation leading to the withholding.
WITHHOLDING OF GRANT DISBURSEMENTS. A. The EDD may withhold all or any portion of the grant funds provided for by this Contract the event that that the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement, including submission of required reports and data.
B. The EDD will not reimburse the Grantee for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently discovered to be ineligible, the EDD may either withhold an equal amount from subsequent payments to the Grantee or require repayment of an equal amount to the state by the Grantee.
C. In the event that grant funds are withheld from the Grantee, the EDD designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the situation leading to the withholding.
WITHHOLDING OF GRANT DISBURSEMENTS. The State Water Board may withhold all or any portion of the grant funds provided for by this Agreement in the event that the Grantee has materially violated, or threatens to materially violate, any term, provision, condition, or commitment of this Agreement; or the Grantee fails to maintain reasonable progress toward completion of the Project.
1. The Grantee certifies that the Project is intended to restore and protect the water quality and environment of coastal waters, estuaries and near shore waters, or groundwater. Further, the Grantee hereby warrants and represents that this Project is capable of contributing to sustained, long-term water quality or environmental restoration or protection benefits for a period of twenty (20) years and to address the causes of degradation, rather than symptoms.
2. This Project is consistent with water quality and resource protection plans prepared, implemented, or adopted by the State Water Board, the applicable Regional Water Board, and the State Coastal Conservancy.
