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City of Santa Ana Public Works Agency <br />Agreement Number 12-TRANSIT-07 <br />AMS ADV ID: 1224000029 <br />Page 12 of 19 <br />e. Prior authorization in writing by the CALTRANS District Partnership Liaison shall be <br />required before AGENCY enters into any non -budgeted sub -agreement. AGENCY shall <br />provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall <br />retain all receipts for such purchases or services and shall submit them with invoices per <br />Section III —Payment and Invoicing, Item 14(e)(4), above. <br />f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per <br />diem reimbursements and third -party contract reimbursements to subrecipients, contractors, <br />and subcontractors, will be allowable as Project costs only after those costs are incurred and <br />- paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem <br />rates for subcontractors shall be reimbursed pursuant to Section III --Payment and Invoicing, <br />Item 14c, above. <br />24. Drug -Free Workplace Certification <br />By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of <br />California that AGENCY will comply with the requirements of the Drug -Free Workplace Act of <br />1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug -Free workplace by doing all of <br />the following: <br />a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, <br />possession, or use of a controlled substance is prohibited and specifying actions to be taken <br />against employees for violations, as required by Government Code Section 8355(a). <br />b. Establish a Drug -Free Awareness Program as required by Government Code Section <br />8355(a)(2) to inform employees about all of the following: <br />1) The dangers of drug abuse in the workplace. <br />2) The person's or organization's policy of maintaining a Drug -Free workplace. <br />3) Any available counseling, rehabilitation, and employee assistance programs. <br />4) Penalties that may be imposed upon employees for drug abuse violations. <br />c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works <br />on the proposed contract or grant: <br />1) Will receive a copy of the company's Drug -Free policy statement. <br />2) Will agree to abide by the terms of the company's statement as a condition of employment <br />on the contract or grant. <br />d. Failure to comply with these requirements may result in suspension of payments under this <br />RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any <br />future state contracts if CALTRANS determines that any of the following has occurred: (1) <br />AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to <br />carry out the requirements as noted above. <br />25. Relationship of Parties <br />It is expressly understood that this agreement is executed by and between two (2) independent <br />governmental entities and is not intended to, and shall not be construed to, create the <br />relationship of agent, servant, employee, partnership, joint venture or association, or any other <br />relationship whatsoever other than that of an independent party. <br />