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City of Santa Ana
<br />Agreement Number CCL-5063-206
<br />AMS ADV ID: 1222000096
<br />Page 8 of 19
<br />c. Any Project costs for which AGENCY has received payment or credit that are determined by
<br />subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part
<br />31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse
<br />moneys due CALTRANS within 30 days of discovery or demand, or within such other period
<br />as may be agreed in writing between the parties hereto, CALTRANS is authorized to
<br />intercept and withhold future payments due AGENCY from CALTRANS or any third -party
<br />source, including, but not limited to, the State Treasurer, the State Controller or any other
<br />fund source.
<br />d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified
<br />estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for
<br />review and approval an indirect cost rate proposal and a central service cost allocation plan
<br />(if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost
<br />Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local
<br />Assistance Procedures Manual which may be accessed at: https://dot.ca.gov/-/media/dot-
<br />media/prog rams/local-assistance/documents/lapm/ch05. pdf
<br />e. AGENCY agrees and shall require that all its agreements with consultants and subrecipients
<br />contain provisions requiring adherence to this section in its entirety except for section c,
<br />above.
<br />19. Americans with Disabilities Act
<br />By signing this Agreement, LOCAL AGENCY assures CALTRANS that in the course of
<br />performing Project Work, it will fully comply with the applicable provisions of the Americans with
<br />Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of
<br />disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC
<br />Section 12101 et seq.).
<br />20. Iran Contracting Act
<br />Proposed Contractor must complete and submit to CALTRANS the Iran Contracting Act
<br />Certification certifying that it is not on the most current DGS list of Entities Prohibited from
<br />Contracting with Public Entities in California per the Iran Contracting Act, 2010
<br />(https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-
<br />Folder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless Contractor
<br />is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If
<br />claiming an exemption, the proposed Contractor shall provide written evidence that supports an
<br />exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement.
<br />21. Indemnification
<br />a. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage,
<br />or liability occurring by reason of anything done or omitted to be done by AGENCY, its
<br />officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in
<br />connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA.
<br />It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless
<br />CALTRANS and all of CALTRANS' officers and employees from all claims, suits, or actions of
<br />every name, kind, and description brought forth under, including, but not limited to, tortuous,
<br />contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse
<br />condemnation, or other theories or assertions of liability occurring by reason of anything done
<br />or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients,
<br />or subcontractors under this RGA.
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