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City of Santa Ana <br />State Water Board Grant Agreement No, 14- 449 -550 <br />Page 17 of 20 <br />"Debarment and Suspension ". The Grantee shall not contract with any individual or organization on <br />USEPA's List of Violating Facilities. (40 CFR, Part 31.35; Gov. Code, § 4477) http: / /echo.epa.00v. The <br />Grantee certifies to the best of its knowledge and belief, that it and its principals: <br />a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily <br />excluded by any federal department, the California Department of Industrial Relations (DIR), or Grantee; <br />b, Have not within a three (3) -year period preceding this Agreement been convicted of or had a civil <br />judgment rendered against them for commission of fraud or a criminal offense in connection with <br />obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract <br />under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, <br />theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen <br />property; <br />c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, <br />state or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; <br />and, <br />d. Have not within a three (3) -year period preceding this application /proposal had one or more public <br />transactions (federal, state or local) terminated for cause or default. <br />26. PREVAILING WAGES AND LABOR COMPLIANCE: If applicable, the Grantee agrees to be bound by all the <br />provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to <br />reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are <br />being met. Current DIR requirements may be found at http: / /www.dir.ca.ciov /lco.asr). For more Information, <br />please refer to DIR's Public Works Manual at: httip://www.dir.ca.gov/dlse/PWManualCombined.odf. <br />27. PROFESSIONALS: The Grantee agrees that only licensed professionals will be used to perform services <br />under this Agreement where such services are called for. All technical reports required pursuant to this <br />Agreement that involve planning, Investigation, evaluation, or design, or other work requiring interpretation <br />and proper application of engineering or geologic sciences, shall be prepared by or under the direction of <br />persons registered to practice in California pursuant to Business and Professions Code, sections 6735, <br />7835, and 7835.1. To demonstrate compliance with California Code of Regulations, title 16, sections 415 <br />and 3065, all technical reports must contain a statement of the qualifications of the responsible registered <br />professional(s). As required by these laws, completed technical reports must bear the signature(s) and <br />seal(s) of the registered professional(s) in a manner such that all work can be clearly attributed to the <br />professional responsible for the work. <br />28. RECORDS: Without limitation of the requirement to maintain Project accounts in accordance with generally <br />accepted accounting principles, the Grantee agrees to: <br />a. Establish an official file for the Project which shall adequately document all significant actions relative to <br />the Project; <br />b. Establish separate accounts which will adequately and accurately depict all amounts received and <br />expended on this Project, including all grant funds received under this Agreement; <br />c. Establish separate accounts which will adequately depict all income received which Is attributable to the <br />Project, especially including any income attributable to grant funds disbursed under this Agreement; <br />d. Establish an accounting system which will adequately depict final total costs of the Project, including <br />both direct and indirect costs; <br />e. Establish such accounts and maintain such records as may be necessary for the state to fulfill federal <br />reporting requirements, Including any and all reporting requirements under federal tax statutes or <br />regulations; and, <br />f. If a Force Account is used by the Grantee for any phase of the Project, establish an account that <br />documents all employee hours, and associated tasks charged to the Project per employee. <br />EXHIBIT 1 Page 17 of 20 <br />20C -19 <br />