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City of Santa Ana <br />Agreement No.: D2202006 <br /> Project No.: 3010038-002C <br />Page 28 of 49 <br /> <br />Exhibit C <br /> <br /> <br /> <br />C.3.10 Conflict of Interest. <br />The Recipient certifies that its owners, officers, directors, agents, representatives, and employees are in <br />compliance with applicable state and federal conflict of interest laws. <br /> <br />C.3.11 Continuous Use of Project; No Lease, Sale, Transfer of Ownership, or Disposal of Project. <br />The Recipient agrees that, except as provided in this Agreement, it will not abandon, substantially <br />discontinue use of, lease, sell, transfer ownership of, or dispose of all or a significant part or portion of the <br />Project during the Useful Life of the Project without prior written approval of the Division. Such approval <br />may be conditioned as determined to be appropriate by the Division, including a condition requiring <br />repayment of all disbursed Project Funds or all or any portion of all remaining funds covered by this <br />Agreement together with accrued interest and any penalty assessments that may be due. <br /> <br />C.3.12 Data Management. <br />The Recipient will undertake appropriate data management activities so that Project data can be <br />incorporated into statewide data systems. <br /> <br />C.3.13 Disputes. <br />(a) The Recipient may appeal a staff decision within 30 days to the Deputy Director of the Division or <br />designee, for a final Division decision. The Recipient may appeal a final Division decision to the State <br />Water Board within 30 days. The Office of the Chief Counsel of the State Water Board will prepare a <br />summary of the dispute and make recommendations relative to its final resolution, which will be provided <br />to the State Water Board’s Executive Director and each State Water Board Member. Upon the motion of <br />any State Water Board Member, the State Water Board will review and resolve the dispute in the manner <br />determined by the State Water Board. Should the State Water Board determine not to review the final <br />Division decision, this decision will represent a final agency action on the dispute. <br /> <br />(b) This clause does not preclude consideration of legal questions, provided that nothing herein shall <br />be construed to make final the decision of the State Water Board, or any official or representative thereof, <br />on any question of law. <br /> <br />(c) Recipient must continue with the responsibilities under this Agreement during any dispute. <br /> <br />(d) This section relating to disputes does not establish an exclusive procedure for resolving claims <br />within the meaning of Government Code sections 930 and 930.4. <br /> <br />C.3.14 [Reserved] <br />C 3.15. Environmental Clearance. <br /> <br />(a) No work that is subject to CEQA or NEPA may proceed under this Agreement unless the State Water <br />Board has provided environmental clearance. The State Water Board may require changes in the scope <br />of work or additional mitigation as a condition to providing construction or implementation funding under <br />this Agreement. Recipient shall not perform any work subject to CEQA and/or NEPA before the State <br />Water Board completes its environmental review and specifies any changes in scope or additional <br />mitigation that may be required. Proceeding with work subject to CEQA and/or NEPA without approval by <br />the State Water Board shall constitute a breach of a material provision of this Agreement.