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MTC/City of San Leandro <br />Master Funding Agreement for FY 2021-22 to FY 2030-31 <br />Page 5 <br /> <br /> <br />to AGENCY, (b) four (4) years following the fiscal year of last expenditure under the Agreement; or (c) <br />until completion of any litigation, claim or audit, whichever is longest. <br /> <br />13.0 AUDITS <br /> AGENCY shall permit MTC and MTC’s authorized representatives to have access to <br />AGENCY’s books, records, accounts, and any and all work products, materials, and other data relevant <br />to this Agreement, for the purpose of making an audit, examination, excerpt and transcription during the <br />term of this Agreement and for the period specified in Article 12. AGENCY shall in no event dispose <br />of, destroy, alter, or mutilate said books, records, accounts, work products, materials and data for that <br />period of time. Such permission shall extend to books, records, accounts, and any and all work <br />products, materials, and other data relevant to this Agreement of the AGENCY’s contractors and <br />subcontractors, if any. If applicable, should MTC request access to the construction site and related <br />field operations, MTC shall provide reasonable notice to AGENCY, and AGENCY shall provide access <br />as it deems reasonable and safe, subject to the rights of the property owner if such owner is not <br />AGENCY. <br /> AGENCY further agrees to include in all its subcontracts hereunder exceeding $25,000 a <br />provision to the effect that the subconsultant agrees that MTC or any of MTC’s duly authorized <br />representatives shall have access to and the right to examine any directly pertinent books, documents, <br />papers, and records of such subconsultant for the term specified above. “Subconsultant” is defined in <br />Article 14.0 Subcontracts, below. <br /> <br />14.0 SUBCONTRACTS <br /> A. For purposes of this Agreement, “subconsultant” shall mean any consultant or contractor <br />under contract with the AGENCY to perform Project work. Any subconsultants must be engaged <br />under written contract with AGENCY with provisions allowing AGENCY to comply with all <br />requirements of this Agreement. Failure of a subconsultant to provide any insurance required under this <br />Agreement shall be at the risk of AGENCY. MTC’s Project Manager shall be notified in writing of any <br />substitution or addition of subconsultants. <br /> For any Project funded by the Federal Transit Authority (FTA), Federal Highway Administration <br />(FHWA) or Caltrans, AGENCY shall complete Form 10-C, as may be revised by Caltrans from time to <br />time, within thirty (30) days of executing an agreement with a subconsultant and submit it to MTC’s <br />Project Manager. MTC shall not process payment of any invoice under the applicable Supplement <br />relating to work by a subconsultant unless AGENCY shall have submitted to MTC a Form 10-C with <br />respect to its contract with such subconsultant. <br />378