Agmt 94 State of CA DOT Fund Transfer Agmt FTA04A39 Jefferson Ave grade sep

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• Agreement No. FTA04A39 Sheet 5 of 13 copies thereof will be furnished upon request. In conducting an audit of the costs claimed under these provisions, STATE will rely to the maximum extent possible on any prior audit of RECIPIENT pursuant to the provisions of federal and state laws. In the absence of such an audit, any acceptable audit work performed by RECIPIENTS' external and internal auditors and/or federal auditors will be relied upon and used by STATE when planning and conducting additional audits. SECTION 2. RECIPIENT and its contractors agree that contract cost principles at least as restrictive as 48 CFR, Federal Acquisition Regulation System, Chapter 1 Part 31, shall be used to determine the allowability of individual items of costs. RECIPIENT and its contractors agree to comply with Federal procedures in accordance with the following: a. Office of Management and Budget Circular A-87, Cost Principles for State and Local Governments. b. Office of Management and Budget Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments. c. 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Any costs for which RECIPIENT has received payment that are determined by subsequent audit to be unallowable under Office of Management and Budget Circular A-87, are to be repaid to STATE by RECIPIENT. Should RECIPIENT fail to reimburse moneys due STATE within 30 days of demand, or within such other period as may be agreed between the parties hereto, STATE is authorized to withhold future payments due RECIPIENT from any source, including but not limited to, the State Treasurer, The State Controller and the CTC. SECTION 3. For the purpose of determining compliance with Public Contract Code Section 10115, et seg., Military and Veterans Code Sections 999 et se . and Title 2, California Code of Regulations, Section 1896.60 et sew., when applicable, and other matters connected with the performance of RECIPIENT's contracts with third parties pursuant to Government Code Section 10532, RECIPIENT, RECIPIENT's Contractor, subcontractors and STATE shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including but not limited to, the costs of administering the various contracts. All of the above-referenced parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final