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22. Sole Agreement <br />This Agreement constitutes the sole and only agreement between the parties and supersedes <br />any prior understandings or written or oral agreements respecting the Agreement's subject <br />matter. <br />23. Inspection of Books and Records <br />The parties to this Agreement shall maintain all books, documents, papers, accounting <br />records, and other documentation relating to costs incurred under this Agreement and shall <br />make such materials available to the State and the Local Government, or their duly authorized <br />representatives for review and inspection at its office during the Agreement period and for four <br />(4) years from the date of completion of work defined under this Agreement or until any <br />impending litigation, or claims are resolved. Additionally, the State and the Local Government <br />and their duly authorized representatives shall have access to all the governmental records <br />that are directly applicable to this Agreement for the purpose of making audits, examinations, <br />excerpts, and transcriptions. <br />24. Audit <br />Pursuant to Texas Government Code § 2262.154, the state auditor may conduct an audit or <br />investigation of any entity receiving funds from the state directly under the contract or indirectly <br />through a subcontract under the contract. Acceptance of funds directly under the contract or <br />indirectly through a subcontract under this contract acts as acceptance of the authority of the <br />state auditor, under the direction of the legislative audit committee, to conduct an audit or <br />investigation in connection with those funds. An entity that is the subject of an audit or <br />investigation must provide the state auditor with access to any information the state auditor <br />considers relevant to the investigation or audit. <br />25. Historically Underutilized Business (HUB) and Small Business Enterprise (SBE) <br />Requirements <br />For projects with State funds and no federal funds, the Local Government will be required to <br />follow the provisions of Texas Transportation Code §201.702 and 43 TAC §§9.354-9.355 <br />(HUB) and §§9.314-9.315 (SBE). The Local Government must incorporate project goals <br />approved by TxDOT into project documents before advertising for receipt of bids. Contractors <br />must select HUBs and SBEs from TxDOT-approved or maintained sources. The Local <br />Government will provide monthly updates of HUB/SBE (as appropriate) participation and <br />report final accomplishments to TxDOT for credit to overall program goals. <br />For projects with no state or federal funds that are not on the state or federal highway <br />systems, the Local Government should follow its own local or specific ordinances and <br />procedures. Local Governments are encouraged to use HUBs and SBEs from TxDOT- <br />approved or maintained sources. The Local Government must also report final HUB <br />accomplishments to TxDOT for credit to overall program goals. <br />Page 10 of 12 <br />AA NonFed Lonen Rev. 11/20/2017 <br />