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AGREEMENT NO. C-1-3099 <br />EXHIBIT B <br />ARTICLE 6. ACCESS TO RECORDS AND REPORTS <br />CITY shall provide AUTHORITY, the U.S. Department of Transportation (DOT), the <br />Comptroller General of the United States, or other agents of AUTHORITY, such access to CITY's <br />accounting books, records, payroll documents and facilities of the CITY which are directly <br />pertinent to this Agreement for the purposes of examining, auditing and inspecting all accounting <br />books, records, work data, documents and activities related hereto. CITY shall maintain such <br />books, records; data and documents in accordance with generally accepted accounting <br />principles and shall clearly identify and make such items readily accessible to such parties during <br />CITY's performance hereunder and for a period of four (4) years from the date of final payment <br />by AUTHORITY. AUTHORITY's right to audit books and records directly related to this <br />Agreement shall also extend to all first-tier subcontractors identified in this Agreement. CITY shall <br />permit any of the foregoing parties to reproduce documents by any means whatsoever or to copy <br />excerpts and transcriptions as reasonably necessary. <br />ARTICLE 7. INCORPORATION OF FTA TERMS <br />All contractual provisions required by Department of Transportation (DOT), whether or <br />not expressly set forth in this document, as set forth in Federal Transit Administration (FTA) <br />Circular 4220.1 F, as amended, are hereby incorporated by reference. Anything to the contrary <br />herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a <br />conflict with other provisions contained in this Agreement. CITY shall not perform any act, fail to <br />perform any act, or refuse to comply with any requests, which would cause AUTHORITY to be in <br />violation of the FTA terms and conditions. <br />ARTICLE 8. ENERGY CONSERVATION REQUIREMENTS <br />CITY shall comply with mandatory standards and policies relating to energy efficiency <br />which are contained in the state energy conservation plan issued in compliance with the Energy <br />Policy Conservation Act. <br />ARTICLE 9. FLY AMERICA REQUIREMENTS <br />CITY agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with <br />the General Services Administration's regulations at 41 CFR Part 301-10, which provide that <br />recipients and sub-recipient of Federal funds and their contractors are required to use U.S. Flag <br />air carriers for U.S. Government-financed international air travel and transportation of their <br />personal effects or property, to the extent such service is available, unless travel by foreign air <br />carrier is a matter of necessity, as defined by the Fly America Act. CITY shall submit, if a foreign <br />air carrier was used, an appropriate certification or memorandum adequately explaining why <br />service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air <br />carrier and shall, in any event, provide a certificate of compliance with the Fly America <br />requirements. CITY agrees to include the requirements of this section in all subcontracts that <br />may involve international air transportation. <br />Orange County Transportation Authority 8 <br />Revised: 05/10/2010