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City of Santa Ana
<br />State Water Board Grant Agreement No, 14-449-550
<br />Page 15 of 20
<br />17. INCOME RESTRICTIONS: The Grantee agrees that any refunds, rebates, credits, or other amounts
<br />(including any interest thereon) accruing to or received by the Grantee under this Agreement shall be paid by
<br />the Grantee to the State, to the extent that they are properly allocable to costs for which the Grantee has
<br />been reimbursed by the State under this Agreement.
<br />18, INDEPENDENT ACTOR: The Grantee, and its agents and employees, if any, in the performance of this
<br />Agreement, shall act in an independent capacity and not as officers, employees or agents of the State Water
<br />Board.
<br />19, INSPECTION: The State Water Board, the Bureau of State Audits, or any authorized representative of the
<br />foregoing, shall have suitable access to the Project site at all reasonable times during Project implementation
<br />and thereafter for the useful life of the Project to ascertain compliance with this Agreement and its goals.
<br />The Grantee acknowledges that the Project records and location are public records.
<br />20. INSURANCE: Throughout the life of the Project, the Grantee shall maintain a self-insurance program against
<br />fire, vandalism and other loss, damage, or destruction of the facilities or structures constructed pursuant to
<br />this Agreement, if any. Proof of such a program must be provided by the Grantee to the State Water Board.
<br />The Grantee shall notify the State Water Board in writing of any material amendment to the self -insurer's
<br />articles, charter, or agreement of incorporation, association or co -partnership which alters its coverage of the
<br />Project. In the event of any damage to or destruction of the Project or any larger system of which it is a part,
<br />the net proceeds of insurance shall be applied to the reconstruction, repair or replacement of the damaged
<br />or destroyed parts of the Project or its larger system. The Grantee shall begin such reconstruction, repair, or
<br />replacement as expeditiously as possible and shall pay out of such net proceeds all costs and expenses in
<br />connection with such reconstruction, repair or replacement so that the same shall be completed and the
<br />larger system shall be free of all claims and liens.
<br />21. NONDISCRIMINATION:
<br />a. During the performance of this Agreement, the Grantee and its consultants and contractors shall not
<br />unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment
<br />because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical
<br />disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital
<br />status, and denial of family care leave.
<br />b. The Grantee, its consultants, and contractors shall ensure that the evaluation and treatment of their
<br />employees and applicants for employment are free from such discrimination and harassment.
<br />c. The Grantee, its consultants, and contractors shall comply with the provisions of the Fair Employment and
<br />Housing Act (Gov. Code, § 12990) and the applicable regulations promulgated thereunder (Cal. Code
<br />Regs., tit. 2, § 7285 et seq.). The applicable regulations of the Fair Employment and Housing
<br />Commission implementing Government Code section 12990, set forth in Chapter 5 of Division 4 of Title
<br />2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a
<br />part hereof as if set forth in full.
<br />d. The Grantee, its consultants, and contractors shall give written notice of their obligations under this
<br />clause to labor organizations with which they have a collective bargaining or other Agreement, if any.
<br />e. The Grantee shall include the nondiscrimination and compliance provisions of this clause in all
<br />subcontracts to perform work under the Agreement. Failure by the Grantee to carry out these
<br />requirements and applicable requirements of 40 C.F.R. part 33 is a breach of a material provision of this
<br />Agreement which may result in its termination.
<br />22. NO THIRD PARTY RIGHTS: The parties to this grant Agreement do not create rights in, or grant remedies
<br />to, any third party as a beneficiary of this grant Agreement, or of any duty, covenant, obligation or
<br />undertaking established herein.
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