Agmt 94 State of CA DOT Fund Transfer Agmt Amendment 2

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AGREEMENT NO. FTA04A39 AMENDMENT NO. 2 SHEET 3 OF 4 ARTICLE IV. REPORTS AND RECORDS SECTION 2 is replaced to read as follows: 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. 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 or 49 CFR, Part 18, 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. ARTICLE IV. REPORTS AND RECORDS SECTION 3 is replaced to read as follows: For the purpose of determining compliance with Public Contract Code Section 10115, et seg., and Title 21, California Code of Regulations, Section 2500 et sec., when applicable, and other matters connected with the performance of RECIPIENT's contracts with third parties pursuant to Government Code Section 8546.7, 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 payment under such contract. STATE, the California State Auditor, the Federal Highway Administration, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents that are pertinent to the Agreement for audits, examinations, excerpts, and transactions and copies thereof shall be furnished if requested. RECIPIENT agrees to include this project in the schedule of projects examined under any single audit that is prepared in accordance with Office of Management and Budget Circular A-133.