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Standard Agreement DOT -213
<br />EXHIBIT C
<br />City of Santa Ana
<br />642572
<br />Page 15 of 29
<br />B. If applicable, if any funds other than Federal appropriated funds have been paid or will be paid to any
<br />person for influencing or attempting to influence an officer or employee of any Federal agency, a
<br />Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress,
<br />in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
<br />complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," In accordance with
<br />the form instructions.
<br />C. The CONTRACTOR shall require that the language of this certification be included in the award
<br />documents for all sub- awards at all tiers (Including subcontracts, sub - grants, and contracts under
<br />grants, loans, and cooperative agreements) which exceed $100,000 and that all subrecipients shall
<br />certify and disclose accordingly.
<br />This certification is a material representation of facts upon which reliance was placed when this
<br />Agreement was made or entered into. Submission of this certification is a prerequisite for making or
<br />entering Into this Agreement imposed by Section 1352, Title 31, U. S. Code. Any person who fails to
<br />file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
<br />than $100,000 for each such failure.
<br />35. Program Fraud and False or Fraudulent Statements or Related Acts
<br />A. The CONTRACTOR acknowledges that the provisions of the Program Fraud Civil Remedies Act of
<br />1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil
<br />Remedies," 49 O.F.R. Part 31, apply to its actions pertaining to this PROJECT. Upon execution of an
<br />underlying contract, the CONTRACTOR certifies or affirms the truthfulness and accuracy of any
<br />statement it has made, it makes, it may make, or causes to be made, pertaining to that underlying
<br />contract or the FTA assisted PROJECT for which this contracted work is being performed. In addition
<br />to other penalties that may be applicable, the CONTRACTOR further acknowledges that If it makes, or
<br />causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the
<br />Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies
<br />Act of 1986 on the CONTRACTOR to the extent the Federal Government deems appropriate.
<br />B. The CONTRACTOR also acknowledges that if it makes, or causes to be made, a false, fictitious, or
<br />fraudulent claim, statement, submission, or certification to the Federal Government under a contract
<br />connected with a PROJECT that is financed in whole or In part with Federal assistance originally
<br />awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose
<br />the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the CONTRACTOR, to the extent the
<br />Federal Government deems appropriate.
<br />C, The CONTRACTOR agrees to include the above two clauses in each subcontract financed in whole or
<br />in part with Federal assistance provided by FTA. It is further agreed that these clauses shall not be
<br />modified, except to identify the subcontractor who will be subject to the provisions.
<br />36. Contracts Involving Federal Privacy Act Requirements. The following requirements apply to the
<br />CONTRACTOR and its employees that administer any system of records on behalf of the Federal
<br />Government under any contract:
<br />A. The CONTRACTOR agrees to comply with, and assures the compliance of its employees with, the
<br />information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a.
<br />Among other things, the CONTRACTOR agrees to obtain the express consent of the Federal
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<br />Rev. 03/2512014
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