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Agreement No. 75A0242 <br />CITY OF SANTA ANA <br />Page 7 of 10 <br />17. Disabled Veterans Business Enterprise <br />a. Should Military and Veterans Code sections 999 et seq. be applicable to CITY, <br />CITY will meet, or make good faith efforts to meet, the 3% Disabled Veterans Business <br />Enterprises goals (or CITY's applicable higher goals) in the award of every contract for <br />Project work to be performed under this FTA. <br />b. CITY shall have the sole duty and authority under this FTA and each amendment <br />to determine whether these referenced code sections are applicable to CITY and, if so, <br />whether good faith efforts asserted by those contractors of CITY were sufficient as <br />outlined in Military and Veterans Code sections 999 et seq. <br />18. Federal Lobbvin4 Activities Certification <br />a. CITY certifies, to the best of its knowledge and belief, that: <br />No State or Federal appropriated funds have been paid or will be paid, by or on <br />behalf of the CITY, to any person for influencing or attempting to influence an officer or <br />employee of any State or Federal CITY, a Member of the State Legislature or United States <br />Congress, an officer or employee of the Legislature or Congress, or any employee of a <br />Member of the Legislature or Congress, in connection with the awarding of any State or <br />Federal contract, the making of any State or Federal grant, the making of any State or <br />Federal loan, the entering into of any contract or agreement, and the extension, <br />continuation, renewal, amendment, or modification of any State or Federal contract, grant, <br />loan, or cooperative agreement. <br />b. If any funds other than Federal appropriated funds have been paid or will be paid to <br />any person for influencing or attempting to influence an officer or employee of any Federal <br />CITY, a Member of Congress, an officer or employee of Congress, or an employee of a <br />Member of Congress in connection with this FTA, CITY shall complete and submit Standard <br />Form-LL, "Disclosure Form to Report Lobbying", in accordance with its instructions. <br />c. This certification is a material representation of fact upon which reliance was placed <br />when this FTA was entered into. Submission of this certification is a prerequisite for making <br />or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person <br />who fails to file the required certification shall be subject to a civil penalty of not less than <br />$10,000 and not more than $100,000 for each such failure. <br />d. CITY also agrees, by signing this FTA, that the language of this certification shall be <br />included in all lower tier subcontracts which exceed $100,000, and that all such <br />subcontractors shall certify and disclose accordingly. <br />19. Drug-Free Workplace Certification <br />By signing this FTA, CITY hereby certifies under penalty of perjury under the laws of the <br />State of California that CITY will comply with the requirements of the Drug-Free Workplace <br />Act of 1990 (Govemment Code section 8350 et seq.) and will provide adrug-free workplace <br />by doing all of the following: <br />a. Publish a statement notifying employees that unlawful manufacture, distribution, <br />dispensation, possession, or use of a controlled substance is prohibited and specifying <br />actions to be taken against employees for violations, as required by Government Code <br />section 8355(a). <br />25J-27 <br />