20A - AA - AGMT - ELDERLY AND DISABLED TRANSIT GRANT

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Standard Agreement DOT -213 EXHIBIT C City of Santa Ana 642572 Page 9 of 29 15. Buy America. The CONTRACTOR shall comply with the Buy America requirements of 49 USC 53230) and 49 CFR Part 661 for all procurements of steel, iron and manufactured products used in PROJECT. Buy America requirements apply to all purchases, including materials and supplies funded as operating costs, if the purchase exceeds the threshold for small purchases (currently $100,000). Separate requirements for rolling stock are set out at 49 USC 5323(j)(2)(0) and 49 CFR 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. 16. U S Flap Requirements. A. Shipments by Ocean Vessel. For third -party contracts that may involve equipment, materials, or commodities which may be transported by ocean vessels, the CONTRACTOR and subcontractors must comply with 46 U.S.C. Section 55303 and 46 CFR Part 381, "Cargo Preference -U.S. Flag Vessels" B. Shipments by Air Carrier. For third -party contracts that may Involve shipments of federally assisted property by air carrier, the CONTRACTOR and subcontractors must comply with the "Fly America' Act and 49 U.S.C. Section 40118, "Use of United States Flag Air Carriers,' and 41 CFR Sections 301- 10.131 through 301. 10.143. O. Project Travel. In accordance with 49 U.S.C. 40118 and 41 CPR Part 301 -10, the CONTRACTOR and all subcontractors are required to use U.S. Flag air carriers for U.S. Government- financed International air travel and transportation, to the extent such service is available or applicable. 17. Accounting Records. The CONTRACTOR shall establish and maintain separate accounting records and reporting procedures specified for the fiscal activities of the PROJECT. The CONTRACTOR's accounting system shall conform to generally accepted accounting principles (GAAP) and uniform standards that may be established by STATE. All records shall provide a breakdown of total costs charged to the PROJECT including properly executed payrolls, time records, invoices and vouchers. 18. Worker's Compensation The CONTRACTOR hereby warrants that it carries 4vorkers' Compensation Insurance on all of its employees who will be engaged in the performance of this Agreement. If staff provided by the CONTRACTOR is defined as independent contractors, this clause does not apply. 19. Vehicle Operator Licensing The CONTRACTOR is required to comply with all applicable requirements of the Federal Motor Carrier Safety Administration regulations and the California Vehicle Code including, but not limited to, the requirement that all vehicle operators have a valid Sate of California driver's license, Including any special operator license that may be necessary for the type of vehicle operated. 20. Audit Requirements. The CONTRACTOR shall be responsible for meeting the audit requirements of OMB Circular A -133, or any revision or supplement thereto. The required audit reports shall be submitted to the State Controller with a copy to STATE in conformance with the compliance guidelines issued by the California Department of Finance. The cost of audits made in accordance with the provisions of OMB Circular A -133 is an allowable charge to this PROJECT, to the extent provided by OMB Circular A -133. 21, Record Keeping. The CONTRACTOR and all subcontractors shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of this Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the performance period and for three (3) years from the date of final payment under this Agreement and all subreciplent contracts. 22. Examination of Records. STATE'S Audits Office, the State Auditor General, and any duly authorized representative of the Federal government shall have access to any books, records, and documents of the CONTRACTOR and its subcontractors that are pertinent to this Agreement for audits, examinations, W1 20A -14 Rev. 03/25/2014