75B - NEXUS DEVELOPMENT - Laserfiche WebLink

Home Browse Search

withholding funds from such subcontractor or requiring such subcontractor to post security, in accordance with Section E hereinabove. G. In the event of a dispute between Owner and City staff with respect to a City staff determination, Owner shall have the opportunity to bring the dispute before City Board for review. The City Council may take such action, as it deems appropriate, including: 1. Affirming the City staff determination. 2. Referring the matter back to City staff for further investigation. 3. Reversing or modifying the City staff determination. 4. Directing the City staff to appoint an independent hearing examiner for further investigation. 5. Such other action as the Board may deem appropriate under the circumstances. H. The parties to the Agreement stipulate and agree that the City is a third party beneficiary of the provisions of this attachment/exhibit and may enforce the same as such through any appropriate remedies in law or equity. I. The provisions of this attachment/exhibit shall be interpreted and applied in accordance with that certain "Policy on Payment of Prevailing Wages by Private ReOwners or Owner- Participants", adopted by the Community Redevelopment Agency of the City of Santa Ana on May 20, 1986, subject to any and all amendments thereto to the date of the Agreement, a public record on file in the offices of the Agency. J. Owner shall no later than the 15th day of each month during construction of the Project submit to the City a self-audit report declaring under penalty of peIjury and demonstrating that during the prior month it has complied with the provisions of this attachment/exhibit and California prevailing wage law. The self-audit report or statement not be binding nor conclusive, nor shall the filing or failure to file such report or statement preclude the City from conducting an audit. K. Owner shall keep and preserve for a period of not less than four (4) years all records as may be necessary to determine whether it has paid prevailing wage as required by this Attachment No.1, which records shall be made available to the City or its consultants and agents at all reasonable times for purposes of conducting an audit. Owner shall permit an examination of such books and records at a location within the City. In the event such books and records cannot be made available within the City, the operator shall reimburse the City for the cost of all transportation, lodging, meals, portal-to-portal travel time and other incidental costs reasonably incurred by the City in conducting the audit. Appropriately identified confidential or proprietary information furnished to the city as part of an audit shall remain confidential, except in case of civil action or criminal prosecution. Attachment No. 1-2 to Exhibit D DOCSOC/I 110339v7/24579-000l 75B-138