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City of Santa Ana
<br />Agreement No.: D2201000
<br />Project No.: C-06-8478-1 10
<br />Page 37 of 48
<br />xiii. The Recipient, its employees, contractors and subcontractors and their employees warrants that
<br />it will not engage in severe forms of trafficking in persons, procure a commercial sex act during
<br />the term of this Agreement, or use forced labor in the performance of this Agreement. The
<br />Recipient must include this provision in its contracts and subcontracts under this Agreement. The
<br />Recipient must inform the State Water Board immediately of any information regarding a violation
<br />of the foregoing. The Recipient understands that failure to comply with this provision may subject
<br />the State Water Board to loss of federal funds. The Recipient agrees to compensate the State
<br />Water Board for any such funds lost due to its failure to comply with this condition, or the failure of
<br />its contractors or subcontractors to comply with this condition. The State Water Board may
<br />unilaterally terminate this Agreement if the Recipient that is a private entity is determined to have
<br />violated the foregoing.
<br />xiv. The Recipient certifies to the best of its knowledge and belief that:
<br />a. No federal appropriated funds have been paid or will be paid, by or on behalf of the
<br />Recipient, to any person for influencing or attempting to influence an officer or employee
<br />of any agency, a Member of Congress, an officer or employee of Congress, or an
<br />employee of a Member of Congress in connection with the awarding of any federal
<br />contract, the making of any federal grant, the making of any federal loan, the entering into
<br />of any cooperative agreement, and the extension, continuation, renewal, amendment, or
<br />modification of any federal contract, grant, loan, or cooperative agreement.
<br />b. If any funds other than federal appropriated funds have been paid or will be paid to any
<br />person for influencing or attempting to influence an officer or employee of any agency, a
<br />Member of Congress in connection with this Agreement, the Recipient shall complete and
<br />submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
<br />instructions, and notify the State Water Board.
<br />The Recipient shall require this certification from all parties to any contract or agreement that the
<br />Recipient enters into and under which the Recipient incurs costs for which it seeks
<br />reimbursements under this Agreement.
<br />xv. The Recipient must comply with the following federal non-discrimination requirements:
<br />a. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race,
<br />color, and national origin, including limited English proficiency (LEP).
<br />b. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against
<br />persons with disabilities.
<br />c. The Age Discrimination Act of 1975, which prohibits age discrimination.
<br />d. Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which
<br />prohibits discrimination on the basis of sex.
<br />e. 40 CFR Part 7, as it relates to the foregoing.
<br />xvi. If the Project relates to construction of a publicly owned treatment works, where the Recipient
<br />contracts for program management, construction management, feasibility studies, preliminary
<br />engineering, design, engineering, surveying, mapping, or architectural related services, the
<br />Recipient shall ensure that any such contract is negotiated in the same manner as a contract for
<br />architectural and engineering services is negotiated under chapter 11 of title 40, United States
<br />Code, or an equivalent State qualifications -based requirement as determined by the State Water
<br />Board.
<br />xvii. If the Project relates to construction of a publicly owned treatment works, the Recipient certifies
<br />that it has developed and is implementing a fiscal sustainability plan for the Project, except as set
<br />forth in Exhibit D, that includes an inventory of critical assets that are a part of the Project, an
<br />evaluation of the condition and performance of inventoried assets or asset groupings, a
<br />certification that the Recipient has evaluated and will be implementing water and energy
<br />Exhibit C
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