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CITY OF SANTA ANA RFP NO.: 16-125 OC STREETCAR DESIGN REVIEW SUPPORT working days after the hearing, as applicable. If, after review of the consultant's appeal, the authority decides to uphold the decision to impose DBE administrative remedies on the consultant, the written determination must state the specific remedy(s) to be imposed, 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 involving other contractual and/or legal remedies available under federal, state or local Iaws. Article 6. Access to records and reports Consultant 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 consultant's accounting books, records, payroll documents and facilities of consultant 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. Consultant 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 consultant'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. Consultant 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 4220.1f, 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. Consultant 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 8, Energy conservation requirements Consultant 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. Fly america requirements Consultant agrees to comply with 49 u.s.c. 40118 (the "fly america" act) in accordance with the general services administration's regulations at 41 cfr part 301-10, which provide that recipients and sub -recipient of federal funds and their contractors are required to use u.s. flag air carriers for u.s, government -financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the fly america act. I+ �