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<br />3. In the event that the City staff determines that any such subcontractor has <br />violated the provisions of this attachment/exhibit, Owner agrees to cooperate with City <br />in withholding funds from such subcontractor or requiring such subcontractor to post <br />security, in accordance with Section E hereinabove. <br /> <br />G. In the event ofa dispute between Owner and City staff with respect to City staff <br />determination, Owner shall have the opportunity to bring the dispute before City Council for <br />review. The City Council may take such action, as it deems appropriate, including: <br /> <br />I. Affirming the City staff determination. <br /> <br />2. Referring the matter back to City staff for further investigation. <br /> <br />3. Reversing or modifYing the City staff determination. <br /> <br />4. Directing the City staff to appoint an independent hearing examiner for further <br />investigation. <br /> <br />5. Such other action as the City Council may deem appropriate under the <br />circumstances. <br /> <br />H. Owner shall no later than the 15th day of each month during construction of the <br />Improvements submit to the City a self-audit report declaring under penalty of perjury and <br />demonstrating that during the prior month it has complied with the provisions of this Exhibit <br />and California prevailing wage law. The self-audit report or statement not be binding nor <br />conclusive, nor shall the filing or failure to file such report or statement preclude the City <br />from conducting an audit <br /> <br />1. Owner shall keep and preserve for a period of not less than four (4) years all records as <br />may be necessary to determine whether it has paid prevailing wage as required by this <br />Exhibit, which records shall be made available to the City or its consultants and agents at all <br />reasonable times for purposes of conducting an audit. Owner shall permit an examination of <br />such books and records at a location within the City. In the event such books and records <br />cannot be made available within the City, the operator shall reimburse the City for the cost of <br />all transportation, lodging, meals, portal-to-portal travel time and other incidental costs <br />reasonably incurred by the City in conducting the audit. Appropriately identified confidential <br />or proprietary information furnished to the city as part of an audit shall remain confidential, <br />except in case of civil action or criminal prosecution. <br /> <br />J. Should any City conducted audit conclude that Owner has failed to pay prevailing <br />wage in at least five percent (5%) of the audited transactions (with a single pay day ofa single <br />wage earner constituting one transaction), then Owner shall reimburse City for all actual costs <br />of the audit within thirty (30) days of receipt by Owner of the City's invoice. <br /> <br />14 <br />