CA DEPT TRANSPORTATION (3) - 2008

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"' Agreement No. 75A0242 CITY OF SANTA ANA Page 8 of 10 b, Establish a Drug-Free Awareness Program as required by Government Code section 8355(b) to inform employees about all of the following: 1. the dangers of drug abuse in the workplace, 2. the person's or organization's policy of maintaining a drug-free workplace, 3. any available counseling, rehabilitation, and employee assistance programs, and 4. penalties that may be imposed upon employees for drug abuse violations. c. Provide as required by Government Code section 8355(c), that every employee who works on the proposed contract or grant: 1. will receive a copy of the company's drug-free policy statement, and 2. will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. Failure to comply with these requirements may result in suspension of payments under this FT A or termination of this FT A or both, and CITY may be ineligible for the award of any future state contracts if DEPARTMENT determines that any of the following has occurred: (1) CITY has made a false certification or, (2) CITY violates the certification by failing to carry out the requirements as noted above. 20. RelationshiD of Parties It is expressly understood that this FT A is an agreement that is executed by and between two (2) independent governmental entities and that this is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party. 21. Disabled Access Review Disabled access review by the Department of General Services (Office of State Architect) is required for the construction of all publicly funded Project buildings, structures, sidewalks, curbs and related facilities. No construction contract will be awarded by CITY unless CITY plans and specifications for such facilities conform to the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Administrative Code and the Americans with Disabilities Act (42 USC 12101, et. seq.). 22. Fire Marshal Review The State Fire Marshal adopts building standards for fire safety and panic prevention. Such regulations pertain to fire protection design and construction, means of egress and adequacy of exits, installation of fire alarms, and fire extinguishment systems for any DEPARTMENT owned or DEPARTMENT occupied buildings per section 13108 of the Health and Safety Code. When applicable, CITY must assure that any relevant Project plans meet the standards of the State Fire Marshal to ensure consistency with DEPARTMENT fire protection standards.