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FULL PACKET_2014-07-01
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FULL PACKET_2014-07-01
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City Clerk
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Agenda Packet
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Clerk of the Council
Date
7/1/2014
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Standard Agreement DOT -213 <br />EXHIBIT C <br />City of Santa Ana <br />642572 <br />Page 9 of 29 <br />15. Buy America. The CONTRACTOR shall comply with the Buy America requirements of 49 USC 53230) <br />and 49 CFR Part 661 for all procurements of steel, iron and manufactured products used in PROJECT. <br />Buy America requirements apply to all purchases, including materials and supplies funded as operating <br />costs, if the purchase exceeds the threshold for small purchases (currently $100,000). Separate <br />requirements for rolling stock are set out at 49 USC 5323(j)(2)(0) and 49 CFR 661.11. Rolling stock must <br />be assembled in the United States and have a 60 percent domestic content. <br />16. U S Flap Requirements. <br />A. Shipments by Ocean Vessel. For third -party contracts that may involve equipment, materials, or <br />commodities which may be transported by ocean vessels, the CONTRACTOR and subcontractors <br />must comply with 46 U.S.C. Section 55303 and 46 CFR Part 381, "Cargo Preference -U.S. Flag <br />Vessels" <br />B. Shipments by Air Carrier. For third -party contracts that may Involve shipments of federally assisted <br />property by air carrier, the CONTRACTOR and subcontractors must comply with the "Fly America' Act <br />and 49 U.S.C. Section 40118, "Use of United States Flag Air Carriers,' and 41 CFR Sections 301- <br />10.131 through 301. 10.143. <br />O. Project Travel. In accordance with 49 U.S.C. 40118 and 41 CPR Part 301 -10, the CONTRACTOR <br />and all subcontractors are required to use U.S. Flag air carriers for U.S. Government- financed <br />International air travel and transportation, to the extent such service is available or applicable. <br />17. Accounting Records. The CONTRACTOR shall establish and maintain separate accounting records and <br />reporting procedures specified for the fiscal activities of the PROJECT. The CONTRACTOR's accounting <br />system shall conform to generally accepted accounting principles (GAAP) and uniform standards that may <br />be established by STATE. All records shall provide a breakdown of total costs charged to the PROJECT <br />including properly executed payrolls, time records, invoices and vouchers. <br />18. Worker's Compensation The CONTRACTOR hereby warrants that it carries 4vorkers' Compensation <br />Insurance on all of its employees who will be engaged in the performance of this Agreement. If staff <br />provided by the CONTRACTOR is defined as independent contractors, this clause does not apply. <br />19. Vehicle Operator Licensing The CONTRACTOR is required to comply with all applicable requirements of <br />the Federal Motor Carrier Safety Administration regulations and the California Vehicle Code including, but <br />not limited to, the requirement that all vehicle operators have a valid Sate of California driver's license, <br />Including any special operator license that may be necessary for the type of vehicle operated. <br />20. Audit Requirements. The CONTRACTOR shall be responsible for meeting the audit requirements of OMB <br />Circular A -133, or any revision or supplement thereto. The required audit reports shall be submitted to the <br />State Controller with a copy to STATE in conformance with the compliance guidelines issued by the <br />California Department of Finance. The cost of audits made in accordance with the provisions of OMB <br />Circular A -133 is an allowable charge to this PROJECT, to the extent provided by OMB Circular A -133. <br />21, Record Keeping. The CONTRACTOR and all subcontractors shall maintain all books, documents, papers, <br />accounting records, and other evidence pertaining to the performance of this Agreement. All parties shall <br />make such materials available at their respective offices at all reasonable times during the performance <br />period and for three (3) years from the date of final payment under this Agreement and all subreciplent <br />contracts. <br />22. Examination of Records. STATE'S Audits Office, the State Auditor General, and any duly authorized <br />representative of the Federal government shall have access to any books, records, and documents of the <br />CONTRACTOR and its subcontractors that are pertinent to this Agreement for audits, examinations, <br />W1 <br />20A -14 <br />Rev. 03/25/2014 <br />
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