CA DEPT TRANSPORTATION (3) - 2008

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