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4 Subject to the terms and conditions of this Agreement and other documents delivered with this Agreement, County agrees to grant Grantee up to a maximum amount of Forty Thousand and 00/100 Dollars ($40,000.00). The County will have no obligation to disburse any of these funds if, at the time of disbursement, Grantee is in default under any of the terms of this Agreement. 5.AFFIRMATIVE COVENANTS. To further induce County to make the requested grant, Grantee affirmatively covenants and agrees that it will: A.Provide a copy of the No Further Action Determination letter for the Project issued by the Minnesota Pollution Control Agency (MPCA) to Authority by December 31, 2034. B.Not knowingly allow any person who exercises any functions or responsibilities in connection with the oversight of ERF funding at the county level to have any financial interest, direct or indirect, in this Agreement, and Grantee will not acquire or hold any interest, direct or indirect, which would conflict in any manner or degree with the performance of its obligations under this Agreement. Grantee further covenants that in the performance of its obligations under this Agreement, no person having any conflicting interest will be employed. C.In awarding contracts pursuant to this Agreement, comply with all applicable requirements of local and state law for awarding contracts, including, but not limited to, procedures for competitive bidding, contractor’s bonds, and retained percentages. Where federal standards differ from local or state standards, the stricter standards will apply. D.Conform with the applicable labor laws of the State of Minnesota, and all other applicable laws, ordinances, and legal requirements affecting the work in Ramsey County and Minnesota. As to the Remediation Activities, conform to the Ramsey County Prevailing Wage Ordinance No. 2013-329. The minimum wage rate per hour to be paid for each classification of work must be the union wage rate in the locality of the Project for those classifications over which the unions have jurisdiction and the local prevailing rate for those classifications of work in the localities over which the unions do not have jurisdiction. Failure to comply with these requirements may result in civil or criminal penalties. The terms "prevailing wage", "minimum wage rate per hour", and "prevailing rate" as used in the contract, means "prevailing wage rate" as defined in Minnesota Statutes §177.42. Throughout the term of this Agreement, Grantee is required to submit Certified Payroll Records within 14 days of the end of a pay period and in accordance with the requirements of Ramsey County Prevailing Wage Ordinance No. 2013-329. Failure of the Grantee to submit the Certified Payroll Records in accordance with the Ordinance may result in criminal or civil enforcement by the County, including, but not limited to termination of the agreement for cause, withholding of payments, and assessment of 19