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3. In the event that the City staff determines that any such subcontractor has violated the <br />provisions of this attachment/exhibit, Owner agrees to cooperate with City in <br />withholding funds from such subcontractor or requiring such subcontractor to post <br />security, in accordance with Section E hereinabove. <br />G. In the event of a dispute between Owner and City staff with respect to a City staff <br />determination, Owner shall have the opportunity to bring the dispute before City Board for <br />review. The City Council may take such action, as it deems appropriate, including: <br />Affirming the City staff determination. <br />2. Referring the matter back to City staff for further investigation. <br />Reversing or modifying the City staff determination. <br />4. Directing the City staff to appoint an independent hearing examiner for further <br />investigation. <br />Such other action as the Board may deem appropriate under the circumstances. <br />H. The parties to the Agreement stipulate and agree that the City is a third party beneficiary of <br />the provisions of this attachment/exhibit and may enforce the same as such through any <br />appropriate remedies in law or equity. <br />I. The provisions of this attachment/exhibit shall be interpreted and applied in accordance with <br />that certain "Policy on Payment of Prevailing Wages by Private ReOwners or Owner- <br />Participants", adopted by the Community Redevelopment Agency of the City of Santa Ana <br />on May 20, 1986, subject to any and all amendments thereto to the date of the Agreement, a <br />public record on file in the offices of the Agency. <br />Owner shall no later than the 15th day of each month during construction of the Project <br />submit to the City aself--audit report declaring under penalty of perjury and demonstrating <br />that during the prior month it has complied with the provisions of this attachment/exhibit and <br />California prevailing wage law. The self-audit report or statement not be binding nor <br />conclusive, nor shall the filing or failure to file such report or statement preclude the City <br />from conducting an audit. <br />K. Owner shall keep and preserve for a period of not less than four (4) years all records as may <br />be necessary to determine whether it has paid prevailing wage as required by this <br />attachment/exhibit, which records shall be made available to the City or its consultants and <br />agents at all reasonable times for purposes of conducting an audit. Owner shall permit an <br />examination of such books and records at a location within the City. In the event such books <br />and records cannot be made available within the City, the operator shall reimburse the City <br />for the cost of all transportation, lodging, meals, portal-to-portal travel time and other <br />incidental costs reasonably incurred by the City in conducting the audit. Appropriately <br />identified confidential or proprietary information furnished to the city as part of an audit shall <br />remain confidential, except in case of civil action or criminal prosecution. <br />Attachment No. 1-2 <br />to Exhibit D <br />DOC SOC/ 111033 9v 11 /24579-0001 <br />75A-67 <br />