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+ i <br />Failure to comply with the Cure Notice and /or to remedy the identified DBE non - compliance <br />matter(s) is a material breach of contract and is subject to administrative remedies, including, <br />withholding at minimum of two (2 %) percent of the invoice amount due per month for every <br />month that the identified non- compliance matter(s) is not remedied. Upon satisfactory <br />compliance the Authority will release all withholdings. <br />In addition to administrative remedies defined in this section, the Authority is not precluded <br />from invoking other contractual and /or legal remedies available under federal, state or local <br />laws. <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 <br />CITY's accounting books, records, payroll documents and facilities of the CITY which are <br />directly pertinent to this Agreement for the purposes of examining, auditing and inspecting all <br />accounting books, records, work data, documents and activities related hereto. CITY shall <br />maintain such books, records; data and documents in accordance with generally accepted <br />accounting principles and shall clearly identify and make such items readily accessible to such <br />parties during CITY's performance hereunder and for a period of four (4) years from the date of <br />final payment by AUTHORITY. AUTHORITY's right to audit books and records directly related <br />to this Agreement shall also extend to all first -tier subcontractors identified in this Agreement. <br />CITY shall permit any of the foregoing parties to reproduce documents by any means <br />whatsoever or to copy 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 <br />to perform any act, or refuse to comply with any requests, which would cause AUTHORITY to <br />be in 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 <br />Energy Policy Conservation Act. <br />ARTICLE 9. PROHIBITED INTERESTS <br />A. CITY covenants that, for the term of this Agreement, no director, member, officer or <br />employee of AUTHORITY during his /her tenure in office or for one (1) year thereafter, shall have <br />any interest, direct or indirect, in this Agreement or the proceeds thereof. <br />B. No member of or delegate to, the Congress of the United States shall have any <br />interest, direct or indirect, in this Agreement or to the benefits thereof. <br />Orange County Transportation Authority 14 <br />Revised ., 05, 812014 <br />