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• Any costs incurred or activities conducted prior to entering into a grant agreement with the Energy Commission or incurred after the grant agreement has ended. • Typically excluded items such as food and beverages. • Advertising costs. • Fines and penalties. • Permit processing fees charged by operator of an online platform. • All other costs not identified as allowable. • Unreasonable amounts or rates. 4. Certification By signing this Agreement, Recipient hereby certifies that all funds received pursuant to this Agreement shall be spent exclusively for its CaIAPP project in compliance with this Agreement. The Recipient further certifies that it shall comply with all applicable laws in performing this Agreement. 5. Nondiscrimination Statement of Compliance During the performance of this Agreement,the Recipient and its subcontractors will not unlawfully discriminate, harass,or allow harassment against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability(including HIV and AIDS), mental disability, medical condition, age, marital status, or denial of family care leave. The Recipient and its subcontractors will ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The Recipient and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Sections 12990 et seq.) and the applicable regulations promulgated thereunder(California Code of Regulations,Title 2, Section 11000 et seq.).The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990(a-f),set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations,are incorporated into this Agreement by reference and made a part of it as if set forth in full.The Recipient and its subcontractors will give written notice of their obligations under this section to labor organizations with which they have a collective bargaining or other Agreement. The Recipient shall include the nondiscrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement. 6. Drug-Free Workplace Certification By signing this Agreement,the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply and will ensure its subcontractors will comply with the requirements of the Drug-Free Workplace Act of 1990(Government Code Section 8350 et seq.). In addition to any other rights and remedies available to the CEC,failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following March 2023 Page 2 of 5 APP-22-133 City of Pleasanton