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Agreement No. ####### <br />AGENCY <br />Page 8 of 14 <br />E. Accordingly, both 49 CFR 21 through Appendix C and 23 CFR 710.405 (b), as <br />amended, are applicable to this FTA and enforceable against AGENCY by this <br />reference. <br />14. Retention of Records/Audits <br />A. For the purpose of determining compliance with GC Section 8546.7, AGENCY, <br />subrecipients and CALTRANS shall maintain all books, documents, papers, <br />accounting records, and other evidence pertaining to the performance of the FTA, <br />including but not limited to, the costs of administering the FTA. All parties shall <br />make such materials available at their respective offices at all reasonable times <br />during the FTA period and for three years from the date of final payment under <br />the FTA. The State, the State Auditor, FHWA, or any duly authorized <br />representative of the Federal government having jurisdiction under Federal laws <br />or regulations (including the basis of Federal funding in whole or in part) shall <br />have access to any books, records, and documents of the AGENCY that are <br />pertinent to the FTA for audits, examinations, excerpts, and transactions, and <br />copies thereof shall be furnished if requested. <br />B. Any contract with a consultant or subrecipient entered into as a result of this <br />Agreement shall contain all the provisions of this article. <br />15. Disputes <br />A. Any dispute concerning a question of fact arising under this FTA that is not <br />disposed of by agreement shall be decided by the CALTRANS Contract Officer, <br />who may consider any written or verbal evidence submitted by AGENCY. The <br />decision of the CALTRANS' Contract Officer shall be the CALTRANS' final <br />decision regarding the dispute. <br />B. Neither the pendency of a dispute nor its consideration by the Contract Officer <br />will excuse AGENCY from full and timely performance in accordance with the <br />terms of the FTA. <br />16. Third Party Contracting <br />A. AGENCY shall perform the work contemplated with resources available within its <br />own organization and no portion of the work shall be subcontracted without prior <br />written authorization by CALTRANS' Contract Manager unless expressly included <br />(sub -recipient identified) in Attachment II as part of the identified Project work. <br />B. AGENCY may use its procurement procedures as long as these procedures comply <br />with 49 CFR, Part §18.36 and Local Assistance Procedures Manual, Chapter 10, <br />which may be accessed at: <br />http://www.dot.ca.gov/hq/LocalPrograms/lam/lapm.htm#LAPMop1. All government <br />