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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,gov. 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 htti)://www.dir,ca.govllcp,asp. For more information,
<br />please refer to DIR's Public Works Manual at: http://www.dir,ca.gov/dlse/PWManualCombined.pdf.
<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.
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