Common use of WITHHOLDING OF GRANT DISBURSEMENTS Clause in Contracts

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). Regulations issued under RCRA section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by the USEPA. These guidelines are listed in 40 C.F.R. part 247. 6. The salary rate paid to individual consultants retained by the Grantee or the Grantee’s consultants or contractors shall be limited to the maximum daily rate for a Level IV of the Executive Schedule, to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills and if the terms of the contract provide the Grantee with the responsibility for the selection, direction, and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. As of January 1, 2012, the rate is $596.00 per day and $74.50 per hour. This rate does not include overhead or travel costs. Sub-agreements with firms or individuals for services which are awarded using the procurement requirements in 40 C.F.R. parts 30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provide the Grantee with responsibility for the selection, direction, and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. Any reimbursement for necessary travel and per diem shall be pursuant to Exhibit C. 7. Any and all conferences, meetings, conventions, or training spaces funded in whole or in part by this Agreement shall comply with the Federal Hotel and Motel Fire Safety Act of 1990. 8. The Grantee shall fully comply with, and require contractors and subcontractors as applicable to comply with, Subpart C of 40 C.F.R. part 32, entitled “Responsibilities of Participants Regarding Transactions.” 9. The Grantee agrees that water quality data collected under this Agreement shall be delivered to the State Water Board such that it may be entered into the Beach Watch Database and evaluated to determine the status and trends of coastal beach water quality in California. 10. The Grantee shall prevent fraud, waste, and the abuse of Project funds. The Grantee and any sub-recipient must promptly refer to the USEPA’s Inspector General and the State Water Board any credible evidence that a principal, employee, agent, sub-grantee contractor, subcontractor, or other person, has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving funds provided under this Agreement or sub-agreements funded, in whole or in part, by this Agreement. 11. The Grantee certifies that it, its employees, its sub-recipients and its sub-recipients’ employees receiving any funds pursuant to this Agreement, shall not engage in severe forms of trafficking in persons during the term of this Agreement; procure a commercial sex act during the term of this Agreement; or used forced labor in the performance of this Agreement or any subcontracts awarded pursuant to this Agreement. 12. The Grantee certifies that it is not a subsidiary of the Association of Community Organizations for Reform Now (ACORN). The Grantee further certifies that no funds provided pursuant to this Agreement may be used for sub-awards, sub-grants, and/or contracts to ACORN or any of its subsidiaries. The Grantee acknowledges that this condition is a material condition of this Agreement. Any violation of this paragraph shall result in termination of this Agreement and the Grantee shall repay any and all funds disbursed hereunder. 13. The Grantee certifies that is has received a Data Universal Numbering System (DUNS) number and has provided its DUNS number to the Grant Manager prior to execution of this Agreement. 14. The Grantee certifies that from during Federal Fiscal Year 2011-2012 (October 1, 2011 through September 30, 2012), it has not received eighty percent (80%) or more of its gross annual revenue and/or $25,000,000 or more in annual gross revenue from federal financial assistance subject to the federal Transparency Act, as defined in Code of Federal Regulations, title 2, section 170.320.

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.. EXHIBIT D SPECIAL CONDITIONS 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," guidelines, 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 appropriatepart 33. 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 of grant funds 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 Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. § 6962). Regulations issued under RCRA section Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA section Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by the USEPA. These guidelines are listed in 40 C.F.R. part 247. 6. The salary rate paid to individual consultants retained by the Grantee or the Grantee’s consultants contractors or contractors subcontractors shall be limited to the maximum daily rate for a Level IV of the Executive Schedule, to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills and if the terms of the contract provide the Grantee with the responsibility for the selection, direction, and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. As of January 1, 20122010, the rate is $596.00 per day and $74.50 per hour. This rate does not include overhead or travel costsexpenses. Sub-agreements with firms or individuals for services which are awarded using the procurement requirements in 40 C.F.R. parts 30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provide the Grantee with responsibility for the selection, direction, and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensationcompensation (see 40 C.F.R. §§ 30.27(b) and 31.36(j)(2)). Any reimbursement for necessary travel and per diem shall be pursuant to Exhibit C. 7. Any and all conferences, meetings, conventions, or training spaces funded in whole or in part by this Agreement shall comply with the Federal Hotel and Motel Fire Safety Act of 1990. 8. The Grantee shall fully comply with, and require contractors and subcontractors as applicable to comply with, Subpart C of 40 C.F.R. part 32, entitled “Responsibilities of Participants Regarding Transactions.” 9. If this grant includes activities involving the performance or use of environmental instruments, Quality Assurance Project Plans (QAPP) must be developed for these projects. These documents must be submitted and approved by the State Water Board’s QA manager before measurement activities are undertaken 10. The Grantee agrees that water quality data collected under this Agreement shall be delivered to the State Water Board such that it may be entered into the Beach Watch Database Surface Water Ambient Monitoring Program (SWAMP) database and evaluated to determine the status and trends of coastal beach water quality aquatic life in California’s wadeable streams. 1011. Any animal feedlot operation (AFO) that receives financial assistance pursuant to this grant shall implement a comprehensive nutrient management plan consistent with the USDA NRCS technical guidelines for Comprehensive Nutrient Management Plans. 12. The Grantee shall assure that any management practices implemented as part of this grant shall be properly maintained for the intended purposes during its life span. Operation includes the administration, management and performance of non-maintenance actions needed to keep the completed practice safe and functioning as intended. Maintenance includes work to prevent fraud, waste, and deterioration of the abuse of Project fundspractice. The Grantee and any This condition applies to all sub-recipient must promptly refer to the USEPA’s Inspector General and the State Water Board any credible evidence that a principal, employee, agent, sub-grantee contractor, subcontractor, or other person, has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving funds provided under this Agreement or sub-agreements funded, awards funded in whole or in partpart with grant funds disbursed hereunder. The State Water Board and USEPA retain the right to inspect a practice to ensure this condition is met, by and to request a refund if it is not. 13. The Grantee certifies that this Project will implement activity/ies that contribute to reduced pollutant loads as called for in an existing TMDL or a TMDL that is currently under development. xxxx://xxx.xxxxxxxxxxx.xx.xxx/water_issues/programs/tmdl/tmdl.shtml. 14. The Grantee certifies that this Project will implement activity/ies that are part of watershed plans that address the USEPA, Region IX required watershed-based plan elements. 15. The Grantee shall ensure the continued proper operation and maintenance of all management practices that have been implemented in accordance with National Resource Conservation Service’s Field Office Technical Guides (see Appendix B) or other appropriate standards. 16. The Grantee certifies that it is providing a match in the amount of at least 25% of the total amount to be spent on this Project. [remove or amend this paragraph if the Grantee has obtained a Disadvantaged Community Waiver] 17. The Grantee certifies that it shall complete this Project no later than December 31, 201X. It acknowledges that this condition is a material condition of this Agreement. 1118. The Grantee certifies that it, its employees, its sub-recipients and its sub-recipients’ employees receiving any funds pursuant to this Agreement, shall not engage in severe forms of trafficking in persons during the term of this Agreement; procure a commercial sex act during the term of this Agreement; or used forced labor in the performance of this Agreement or any subcontracts awarded pursuant to this Agreement. 1219. The Grantee certifies that it is not a subsidiary of the Association of Community Organizations for Reform Now (ACORN). The Grantee further certifies that no funds provided pursuant to this Agreement may be used for sub-awards, sub-grants, and/or contracts to ACORN or any of its subsidiaries. The Grantee acknowledges that this condition is a material condition of this Agreement. Any violation of this paragraph shall result in termination of this Agreement and the Grantee shall repay any and all funds disbursed hereunder. 13. The Grantee certifies that is has received a Data Universal Numbering System (DUNS) number and has provided its DUNS number to the Grant Manager prior to execution of this Agreement. 14. The Grantee certifies that from during Federal Fiscal Year 2011-2012 (October 1, 2011 through September 30, 2012), it has not received eighty percent (80%) or more of its gross annual revenue and/or $25,000,000 or more in annual gross revenue from federal financial assistance subject to the federal Transparency Act, as defined in Code of Federal Regulations, title 2, section 170.320.

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.. EXHIBIT D SPECIAL CONDITIONS 1. The Grantee shall not use Project funds, including match fundsMatch 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," requirements, 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 appropriatepart 33. 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 of grant funds 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 Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. § 6962). Regulations issued under RCRA section Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA section Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by the USEPA. These guidelines are listed in 40 C.F.R. part 247. 6. The salary rate paid to individual consultants retained by the Grantee or the Grantee’s consultants contractors or contractors subcontractors shall be limited to the maximum daily rate for a Level IV of the Executive Schedule, to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills and if the terms of the contract provide the Grantee with the responsibility for the selection, direction, and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. As of January 1, 20122010, the rate is $596.00 per day and $74.50 per hour. This rate does not include overhead or travel costsexpenses. Sub-agreements with firms or individuals for services which are awarded using the procurement requirements in 40 C.F.R. parts 30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provide the Grantee with responsibility for the selection, direction, and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensationcompensation (see 40 C.F.R. §§ 30.27(b) and 31.36(j)(2)). Any reimbursement for necessary travel and per diem shall be pursuant to Exhibit C. 7. Any and all conferences, meetings, conventions, or training spaces funded in whole or in part by this Agreement shall comply with the Federal Hotel and Motel Fire Safety Act of 1990. 8. The Grantee shall fully comply with, and require contractors and subcontractors as applicable to comply with, Subpart C of 40 C.F.R. part 32, entitled “Responsibilities of Participants Regarding Transactions.” 9. If this grant includes activities involving the performance or use of environmental instruments, Quality Assurance Project Plans (QAPP) must be developed for these projects. These documents must be submitted and approved by the State Water Board’s QA manager before measurement activities are undertaken 10. The Grantee agrees that water quality data collected under this Agreement shall be delivered to the State Water Board such that it may be entered into the Beach Watch Database Surface Water Ambient Monitoring Program (SWAMP) database and evaluated to determine the status and trends of coastal beach water quality aquatic life in California’s wadeable streams. 1011. Any animal feedlot operation (AFO) that receives financial assistance pursuant to this grant shall implement a comprehensive nutrient management plan consistent with the USDA NRCS technical guidelines for Comprehensive Nutrient Management Plans. 12. The Grantee shall assure that any management practices implemented as part of this grant shall be properly maintained for the intended purposes during its life span. Operation includes the administration, management and performance of non-maintenance actions needed to keep the completed practice safe and functioning as intended. Maintenance includes work to prevent fraud, waste, and deterioration of the abuse of Project fundspractice. The Grantee and any This condition applies to all sub-recipient must promptly refer to the USEPA’s Inspector General and the State Water Board any credible evidence that a principal, employee, agent, sub-grantee contractor, subcontractor, or other person, has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving funds provided under this Agreement or sub-agreements funded, awards funded in whole or in partpart with grant funds disbursed hereunder. The State Water Board and USEPA retain the right to inspect a practice to ensure this condition is met, by and to request a refund if it is not. 13. The Grantee certifies that this Project will implement activity/ies that contribute to reduced pollutant loads as called for in an existing TMDL or a TMDL that is currently under development. xxxx://xxx.xxxxxxxxxxx.xx.xxx/water_issues/programs/tmdl/index.shtml. 14. The Grantee certifies that this Project will implement activity/ies that are part of watershed plans that address the USEPA, Region IX required watershed-based plan elements. 15. The Grantee shall ensure the continued proper operation and maintenance of all management practices that have been implemented in accordance with Natural Resources Conservation Service’s Field Office Technical Guides (see Appendix B) or other appropriate standards. 16. The Grantee certifies that it is providing a match in the amount of at least 25% of the total amount to be spent on this Project. 17. The Grantee certifies that it shall complete this Project no later than JUNE 30, 2017. It acknowledges that this condition is a material condition of this Agreement. 1118. The Grantee certifies that it, its employees, its sub-recipients and its sub-recipients’ employees receiving any funds pursuant to this Agreement, shall not engage in severe forms of trafficking in persons during the term of this Agreement; procure a commercial sex act during the term of this Agreement; or used forced labor in the performance of this Agreement or any subcontracts awarded pursuant to this Agreement. 1219. The Grantee certifies that it is not a subsidiary of the Association of Community Organizations for Reform Now (ACORN). The Grantee further certifies that no funds provided pursuant to this Agreement may be used for sub-awards, sub-grants, and/or contracts to ACORN or any of its subsidiaries. The Grantee acknowledges that this condition is a material condition of this Agreement. Any violation of this paragraph shall result in termination of this Agreement and the Grantee shall repay any and all funds disbursed hereunder. 1320. The Grantee acknowledges that its eligibility for this Grant award is conditioned on its compliance with Water Code section 5103(e)(1), if applicable. The Grantee further certifies that it is not required to file a Statement of Diversion and Use pursuant to Water Code section 5101. 21. The Grantee certifies that is has received a Data Universal Numbering System (DUNS) number and has provided its DUNS number to the Grant Manager prior to execution of this Agreement. 14. The Grantee certifies that from during Federal Fiscal Year 20112012-2012 2013 (October 1, 2011 2012, through September 30, 20122013), it has not received eighty percent (80%) or more of its gross annual revenue and/or $25,000,000 or more in annual gross revenue from federal financial assistance subject to the federal Transparency Act, as defined in Code of Federal Regulations, title 2, section 170.320. 22. The Grantee shall comply with all applicable civil rights statutes and regulations, including Title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, section 13 of the CWA, Title IX of the Education Amendments of 1972 (including 40 C.F.R. Part 5), and 40 C.F.R. Part 7. April 23, 2015 Napa County Resource Conservation District 0000 Xxxxxxxxx Xx, Xxx 000X Xxxx, XX 00000 Re D1430602 00 REDUCING ROAD-RELATED SEDIMENT DELIVERY TO STREAM SYSTEMS IN THE WING CANYON SUB-WATERSHED, NAPA RIVER Enclosed are one (1) complete set of the Agreement and six (6) signature sheets. Please sign and return all six (6) signature sheets, as well as the "Acknowledgment Disclaimer", with original signatures, within fifteen (15) working days to: For United States Postal Service deliveries: California Department of Fish and Wildlife Payable Grants Section Attn: Xxxx Xxxxx X.X Xxx 000000 Xxxxxxxxxx, XX 00000-0000 For hand deliveries and Non-United States Postal Service deliveries: California Department of Fish and Wildlife Payable Grants Section Attn: Xxxx Xxxxx 0000 0xx Xxxxxx Xxxxxxxxxx, XX 00000 Please refer to the box(es) checked below for further instruction: [ ] If you do not have a Payment Data Record form (STD 204) on file with CDFW, please complete the attached, sign and return. [ ] Please return a copy of your Authorizing Resolution. [ ] Please submit the Accord Certificate of Liability Insurance (not less than $1,000,000). [ ] This agreement is funded under a federal grant or contract. The Federal Funding Accountability and Transparency Act of 2006 (FFATA) requires the State to report sub-recipient data. Please complete and submit the enclosed FFATA Contractor Certification form (FG_GMB 868). [ ] Other Questions concerning the services to be performed under this Agreement should be directed to the Grant Manager Xxxxxxx Xxxxxx at (000) 000-0000. Sincerely, Xxxxxx Xxxxxxx Payable Grant Analyst Enclosure(s) c: File, Suspense FB, Xxxxxxx Xxxxxx FB, Xxxx Xxxx April 23, 2015 Xxxx Birmingham Napa County Resource Conservation District 0000 Xxxxxxxxx Xx, Xxx 000X Xxxx, XX 00000 Re D1430602 00 REDUCING ROAD-RELATED SEDIMENT DELIVERY TO STREAM SYSTEMS IN THE WING CANYON SUB-WATERSHED, NAPA RIVER Where approval from the California Department of Fish and Wildlife (CDFW) applies, the attached payable grant shall be of no force or effect until it is signed by both parties (CDFW and grantee). The signing of this payable grant by your organization does not authorize the commencement of work. By signing this letter, your organization acknowledges and agrees not to begin work until all aprovals have been obtained, the payable grant has been fully executed, and the grantee has been given authorization to begin work. Should any work begin before all approvals are obtained or authorization is given, services will be considered voluntary. Please be advised that failure to sign and return this letter will delay approval of your payable grant. State of California – Natural Resources Agency XXXXXX X. XXXXX XX., Governor DEPARTMENT OF FISH AND WILDLIFE XXXXXXXX X. XXXXXX, Director Director’s Xxxxxx 0000 Xxxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxx, XX 00000 xxx.xxxxxxxx.xx.xxx FISHERIES RESTORATION GRANT PROGRAM GRANT AGREEMENT NUMBER D1430602

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.. EXHIBIT D SPECIAL CONDITIONS 1. The Grantee shall not use Project funds, including match fundsMatch 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," requirements, 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 appropriatepart 33. 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 of grant funds 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 Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. § 6962). Regulations issued under RCRA section Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA section Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by the USEPA. These guidelines are listed in 40 C.F.R. part 247. 6. The Grantee and any contractors or subcontractors of Grantee shall incorporate, to every extent possible, environmentally sustainable business practices for all work funded by this Grant Agreement. Such practices include, but are not limited to: green meeting principles (e.g., web-based meetings, mass transit options, carpooling, electronic materials, non-disposable supplies, etc.) and conscientious use of paper (e.g., recycled content paper, double-sided printing for all deliverables [including those collected from subrecipients], etc.). When developing materials, the Grantee and any subrecipients must consider waste reduction and recycled content. 7. The salary rate paid to individual consultants retained by the Grantee or the Grantee’s consultants contractors or contractors subcontractors shall be limited to the maximum daily rate for a Level IV of the Executive Schedule, to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills and if the terms of the contract provide the Grantee with the responsibility for the selection, direction, and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. As of January 1, 20122014, the rate is $596.00 602.24 per day and $74.50 75.28 per hour. This rate does not include overhead or travel costsexpenses. Sub-agreements with firms or individuals for services which are awarded using the procurement requirements in 40 C.F.R. parts 30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provide the Grantee with responsibility for the selection, direction, and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensationcompensation (see 40 C.F.R. §§ 30.27(b) and 31.36(j)(2)). Any reimbursement for necessary travel and per diem shall be pursuant to Exhibit C. 78. Any and all conferences, meetings, conventions, or training spaces funded in whole or in part by this Agreement shall comply with the Federal Hotel and Motel Fire Safety Act of 1990. 89. The Grantee shall fully comply with, and require contractors and subcontractors as applicable to comply with, Subpart C of 40 C.F.R. part 32, entitled “Responsibilities of Participants Regarding Transactions.” 910. If this grant includes activities involving the performance or use of environmental instruments, Quality Assurance Project Plans (QAPP) must be developed for these projects. These documents must be submitted and approved by the State Water Board’s QA manager before measurement activities are undertaken 11. The Grantee agrees that water quality data collected under this Agreement shall be delivered to the State Water Board such that it may be entered into the Beach Watch Database Surface Water Ambient Monitoring Program (SWAMP) database and evaluated to determine the status and trends of coastal beach water quality aquatic life in California’s wadeable streams. 1012. Any animal feedlot operation (AFO) that receives financial assistance pursuant to this grant shall implement a comprehensive nutrient management plan consistent with the USDA NRCS technical guidelines for Comprehensive Nutrient Management Plans. 13. The Grantee shall assure that any management practices implemented as part of this grant shall be properly maintained for the intended purposes during its life span. Operation includes the administration, management and performance of non-maintenance actions needed to keep the completed practice safe and functioning as intended. Maintenance includes work to prevent fraud, waste, and deterioration of the abuse of Project fundspractice. The Grantee and any This condition applies to all sub-recipient must promptly refer to the USEPA’s Inspector General and the State Water Board any credible evidence that a principal, employee, agent, sub-grantee contractor, subcontractor, or other person, has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving funds provided under this Agreement or sub-agreements funded, awards funded in whole or in partpart with grant funds disbursed hereunder. The State Water Board and USEPA retain the right to inspect a practice to ensure this condition is met, by and to request a refund if it is not. 14. The Grantee certifies that this Project will implement activity/ies that contribute to reduced pollutant loads as called for in an existing TMDL or a TMDL that is currently under development. xxxx://xxx.xxxxxxxxxxx.xx.xxx/water_issues/programs/tmdl/index.shtml. 15. The Grantee certifies that this Project will implement activity/ies that are part of watershed plans that address the USEPA, Region IX required watershed-based plan elements. 16. The Grantee shall ensure the continued proper operation and maintenance of all management practices that have been implemented in accordance with Natural Resources Conservation Service’s Field Office Technical Guides (see Appendix B) or other appropriate standards. 17. The Grantee certifies that it is providing a match in the amount of at least 25% (except individual septic system upgrades that require a minimum match of 75%) of the total amount to be spent on this Project. If match is reduced or waived, remove the first portion of this paragraph and replace with: The Grantee certifies that a request for waiver or reduction of the 25% or 75% funding match has been granted in accordance with the Clean Water Act Section 319(h) Nonpoint Source 2014 Grant Program Guidelines. 18. The Grantee certifies that it shall complete this Project no later than , 201X. It acknowledges that this condition is a material condition of this Agreement. 1119. The Grantee certifies that it, its employees, its sub-recipients and its sub-recipients’ employees receiving any funds pursuant to this Agreement, shall not engage in severe forms of trafficking in persons during the term of this Agreement; procure a commercial sex act during the term of this Agreement; or used forced labor in the performance of this Agreement or any subcontracts awarded pursuant to this Agreement. 1220. The Grantee certifies that it is not a subsidiary of the Association of Community Organizations for Reform Now (ACORN). The Grantee further certifies that no funds provided pursuant to this Agreement may be used for sub-awards, sub-grants, and/or contracts to ACORN or any of its subsidiaries. The Grantee acknowledges that this condition is a material condition of this Agreement. Any violation of this paragraph shall result in termination of this Agreement and the Grantee shall repay any and all funds disbursed hereunder. 1321. The Grantee certifies that is has received a Data Universal Numbering System (DUNS) number and has provided its DUNS number to the Grant Manager prior to execution of this Agreement. 14. The Grantee certifies that from during Federal Fiscal Year 20112013-2012 2014 (October 1, 2011 2013, through September 30, 20122014), it has not received eighty percent (80%) or more of its gross annual revenue and/or $25,000,000 or more in annual gross revenue from federal financial assistance subject to the federal Transparency Act, as defined in Code of Federal Regulations, title 2, section 170.320. 22. The Grantee shall comply with all applicable civil rights statutes and regulations, including Title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, section 13 of the CWA, Title IX of the Education Amendments of 1972 (including 40 C.F.R. Part 5), and 40 C.F.R. Part 7. 23. Any electronic and information technology systems or products funded through this Grant Agreement must be designed to include usability features or functions that accommodate the needs of persons with disabilities (including those who use assistive technology).