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AGREEMENT NO. C- 5.3632 EXHIBIT D Failure to comply with the Cure Notice and /or to remedy the identified DBE non - compliance matter(s) is a material breach of contract and is subject to administrative remedies, including, withholding at minimum of two (2 %) percent of the invoice amount due per month for every month that the identified non - compliance matter(s) Is not remedied, Upon satisfactory compliance the Authority will release all withholdings. In addition to administrative remedies defined in this section, the Authority is not precluded from invoking other contractual and /or legal remedies available under federal, state or local laws. ARTICLE 6. ACCESS TO RECORDS AND REPORTS CITY shall provide AUTHORITY, the U.S. Department of Transportation (DOT), the Comptroller General of the United States, or other agents of AUTHORITY, such access to CITY's accounting books, records, payroll documents and facilities of the CITY which are directly pertinent to this Agreement for the purposes of examining, auditing and inspecting all accounting books, records, work data, documents and activities related hereto. CITY shall maintain such books, records; data and documents in accordance with generally accepted accounting principles and shall clearly identify and make such Items readily accessible to such parties during CITY's performance hereunder and for a period of four (4) years from the date of final payment by AUTHORITY. AUTHORITY's right to audit books and records directly related to this Agreement shall also extend to all first -tier subcontractors identified in this Agreement. CITY shall permit any of the foregoing parties to reproduce documents by any means whatsoever or to copy excerpts and transcriptions as reasonably necessary. ARTICLE 7. INCORPORATION OF FTA TERMS All contractual provisions required by Department of Transportation (DOT), whether or not expressly set forth in this document, as set forth in Federal Transit Administration (FTA) Circular 4220.11 as amended, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. CITY shall not perform any act, fail to perform any act, or refuse to comply with any requests, which would cause AUTHORITY to be in violation of the FTA terms and conditions. ARTICLE & ENERGY CONSERVATION REQUIREMENTS CITY shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy Conservation Act. ARTICLE 9. PROHIBITED INTERESTS A. CITY covenants that, for the term of this Agreement, no director, member, officer or employee of AUTHORITY during his /her tenure in office or for one (1) year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, B. No member of or delegate to, the Congress of the United States shall have any interest, direct or indirect, in this Agreement or to the benefits thereof. Orange County Transportation Authority 14 Revised; 0510612014 25E -36