5.0 FEDERAL ACTS 5.1 For governmental contract in excess of $100,000, Contractor shall comply with all applicable standards, orders, or requirements listed under the Clean Air Act (42 U.S.C. 7606), and the Clean Water Act (33 U.S.C. 1368), Executive Order 11738 and Environmental Protection Agency regulations (40 C.F.R.). Contractor shall include this provision in any subcontract it enters into for amounts in excess of $100,000. 5.2 For non-governmental contracts in excess of $100,000, Contractor comply with applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency. This includes all contracts that meet the $100,000 threshold via contract modification. 5.3 Contractor shall comply with mandatory standards and policies related to energy efficiency, which are contained in the State energy conservation plan issued in compliance with the Energy Policy Conservation Act (Public Law 94.163). 5.4 Contractor shall comply with the Copeland Anti-Kickback Act (construction and repair awards). 6.0 COMPLAINT RESOLUTION PROCEDURES SDWP has established complaint resolution procedures for contractors, contractors' staff, applicants, participants, and SDWP staff. These procedures, as identified in Chapter X of SDWP's Operations Manual, Program and Criminal Complaint Policy and Procedures are available for programs funded in whole or in part by SDWP. 7.0 ORDER OF PRECEDENCE 7.1 In the event that a conflict exists between the different sections of this contract, the following order of precedence shall prevail: a. Statement of Work b. Expenditure/Earnings Plan c. Contract Special Provisions, if any d. Contract General Provisions e. Operations Manual 7.2 Administrative revisions to the Operations Manual may occasionally be made to clarify operational procedures and such revisions shall become a part of this contract on and after notice of the revision is sent to Contractor. Operations Issuances are issued for the purpose of providing service providers information on
22.3 Private-for-profit Contractor’s earnings will not be treated as program income. 22.4 Program income shall be reported to SDWP monthly, or periodically as instructed by SDWP staff. These funds may be retained by the Contractor to underwrite additional training or training-related services pursuant to the program that generated them, consistent with the purposes of WIA and/or the program income procedures. 23.0 SUSPENSION OF FUNDING 23.1 Funds may be suspended in whole or in part for cause prior to or in lieu of contract termination. Cause shall include, but is not limited to, the following: a. Failure to comply in any respect with any of the terms or conditions of this contract. b. Any violation of applicable federal regulations or SDWP guidelines. c. Submittal of reports to SDWP that are incorrect in any substantial and material respect. d. The grant to SDWP for this program is terminated or suspended. e. The Contractor is unable or unwilling to accept any additional conditions that may be required by law, by executive order, by regulations, or by other policy announced by the grantor. 23.2 Upon suspension of contract funding, Contractor agrees not to expend any funds related to or connected with the area of conflict from which SDWP has determined that suspension of contract funding is necessary. 23.3 It is understood and agreed that Contractor submit to SDWP a contract closeout package in accordance with the procedures delineated in the Chapter VI, Financial Management, of the Operations Manual. Failure to submit said package shall result in the withholding of any final payment due under this contract and/or payments or advances requested under other SDWP-funded contracts until such time as SDWP receives Contractor’s closeout package for this contract. 24.0 PAYMENT 24.1 It is expressly understood by the parties to this contract that the total compensation to be paid to Contractor shall not in any event exceed the amount indicated on the Contract Title Page. No expenditure of contract funds shall be made or obligation incurred in excess of the amount authorized by any budget account title except as provided in this contract. 24.2 Payments to Contractors will be made in the form of reimbursements of