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Agreement No. 75A0242 Al <br />CITY OF SANTA ANA <br />Page 6 of 10 <br />audit, any acceptable audit work performed by CITY's external and internal auditors may <br />be relied upon and used by DEPARTMENT when planning and conducting additional <br />audits. <br />b. For the purpose of determining compliance with Title 21, California Code of <br />Regulations, Section 2500 et seq., when applicable, and other matters connected with <br />the performance of CITY's contracts with third parties pursuant to Government Code <br />section 8546.7, CITY, CITY's contractors and subcontractors and DEPARTMENT shall <br />each maintain and make available for inspection all books, documents, papers, <br />accounting records, and other evidence pertaining to the performance of such contracts, <br />including, but not limited to, the costs of administering those various contracts. All of the <br />above referenced parties shall make such materials available at their respective offices at <br />all reasonable times during the entire Project period and for three (3) years from the date <br />of final payment to CITY under this FTA. DEPARTMENT, the California State Auditor, or <br />any duly authorized representative of DEPARTMENT, shall each have access to any <br />books, records, and documents that are pertinent to a Project for audits, examinations, <br />excerpts, and transactions, and CITY shall furnish copies thereof if requested. <br />c. CITY, its contractors and subcontractors will permit access to all records of <br />employment, employment advertisements, employment application forms, and other <br />pertinent data and records by the State Fair Employment Practices and Housing <br />Commission, or any other agent of the State of California designated by <br />DEPARTMENT for the purpose of any investigation to ascertain compliance with this <br />FTA. <br />14. Disputes <br />a. Any dispute concerning a question of fact arising under this FTA that is not disposed <br />of by agreement shall be decided by the DEPARTMENT Contract Officer, who may consider <br />any written or verbal evidence submitted by CITY. <br />b. Neither the pendency of a dispute nor its consideration by the Contract Officer will <br />excuse CITY from full and timely performance in accordance with the terms of the FTA. <br />15. Labor Code Compliance <br />CITY shall include in all subcontracts funded by this FTA which contemplates the actual <br />construction of a public works project paid for by funds allocated under this FTA, a clause <br />that requires each subcontractor to comply with California Labor. Code requirements that <br />all workers employed on public works projects (as defined in California Labor Code 1720- <br />1815) will be paid not less than the general prevailing wage rates predetermined by the <br />Director of the State Department of Industrial Relations. <br />16. Disadvanta4ed Business Enterprise <br />Should Title 49 CFR Part 26, entitled "Participation by Disadvantaged Business <br />Enterprise in State of California, Department of Transportation Financial Assistance <br />Programs", be applicable to CITY, CITY will meet, or make good faith efforts to meet, the <br />applicable goals in the award of every contract for work to be performed under this FTA. <br />25J-12 <br />