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City of Santa Ana Public Works Agency
<br />Agreement Number 12-TRANSIT-16
<br />AMS ADV ID: 1224000030
<br />Page 8 of 19
<br />16. Cost Principles
<br />a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200,
<br />Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
<br />Awards.
<br />b. AGENCY agrees, and will assure that its contractors, sub -recipients, in -kind contributors, and
<br />subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures,
<br />48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used
<br />to determine the allowability of individual Project cost items and (b) and (b) all parties shall
<br />comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform
<br />Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
<br />Every sub -recipient receiving Project funds as a sub -recipient, contractor, or subcontractor
<br />under this RGA shall comply with Federal administrative procedures in accordance with 2
<br />CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit
<br />Requirements for Federal Awards to the extent applicable.
<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 11, 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/programs/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 />17. 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 />18. 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
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