1998-116-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 13TH DAY OF APRIL

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Attachment D Standard Provisions and Assurances (b) Audits conducted pursuant to this provision shall be in accordance with State law, regulations and policy, and generally accepted auditing standards and established procedures and guidelines of the reviewing or audit agency liesl. (c) The Contractor agrees to the disclosure of all information and reports resulting from access to records pursuant to Section (al above to A TCOG. Where the audit concerns the Contractor, the auditing agency will afford the Contractor an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. (d) Records under Section (a) above shall be maintained and made available during the entire period of performance of this Agreement and until three (3) years from date of final A TCOG payment for the project. In addition, those records which relate to any dispute, litigation, or the settlement of claims arising out of such performance, or costs or items to which as audit exception has been taken shall be maintained and made available until completion of such action and resolution of all issues which arise from it, or until the end of the regular three-year period, whichever is later. (e) Access to records is not limited to the required retention periods. The authorized representatives designated in Section (a) of this Article shall have access to records at any reasonable time for as long as the records are maintained. (f) This audit/access to records Article applies to financial records pertaining to all subagreements and all subagreement change orders and subagreement amendments: to the extent the records reasonably pertain to subagreement performance; if any indication that fraud, gross abuse or corrupt practices may be involved; or if the subagreement is terminated for default or for convenience. (g) A TCOG reserves the right to require the reimbursement of any over-payments determined as a result of any audit or inspection of records kept by the Contractor on work performed under this Agreement. (h) The Contractor agrees to include Sections (aO through (gl of this Article in all subagreements and all change orders directly related to project performance. SECTION 21.0 AMERICANS WITH DISABLlTIES ACT I jl The Contractor shall comply with all applicable requirements of the Americans with Disabilities Act of 1990,42 U.S.C. Sections 12101 -12213 (Pamph. 1995). SECTION 22.0 UTILIZATION OF SMALL, MINORITY, AND WOMEN'S BUSINESS ENTERPRISES The Contractor agrees that qualified Historically Underutilized Businesses (HUBs) shall have the maximum practicable opportunity to participate in the performance of this Agreement. SECTION 23.0 ENERGY EFFICIENT STANDARDS The Contractor is encouraged to follow standards and policies on energy efficiency which are contained in the Texas State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act P:.L. 94-163). t Page 32 of 45 , "