Common use of Audit Rights and Retention of Records Clause in Contracts

Audit Rights and Retention of Records. County shall have the right to audit the books, records, and accounts of City and all Subcontractors that are related to this Agreement. City and its Subcontractors shall keep such books, records, and accounts as may be necessary to record complete and correct entries related to this Agreement and performance under this Agreement. All such books, records, and accounts shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and, upon request to do so, City and all Subcontractors shall make same available in written form at no cost to County. City shall provide County with reasonable access to City’s facilities, and County shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Agreement. City and all Subcontractors shall preserve and make available, at reasonable times within Broward County, Florida for examination and audit, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for at least four (4) years after expiration or termination of this Agreement, or until resolution of any audit findings, whichever is longer. This article shall survive any dispute or litigation between the Parties, and City expressly acknowledges and agrees to be bound by this article throughout the course of any dispute or litigation with County. City must comply with the records retention requirements set forth in 24 C.F.R. Part 570.502(a)(7)(i). Any audit or inspection pursuant to this section may be performed by any County representative (including any outside representative engaged by County). City hereby grants County the right to conduct such audit or review at City’s place of business, if deemed appropriate by County, with seventy-two (72) hours’ advance notice. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for County’s disallowance and recovery of any payment upon such entry. If an audit or inspection reveals overpricing or overcharges to County of any nature by City in excess of five percent (5%) of the total contract xxxxxxxx reviewed by County, City shall make adjustments for the overcharges and pay liquidated damages pursuant to Section 4.13. Any adjustments or payments due as a result of such audit or inspection shall be made within thirty (30) days after presentation of County’s findings to City. City shall ensure that the requirements of this section are included in all agreements with all Subcontractors.

Appears in 1 contract

Samples: Agreement

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Audit Rights and Retention of Records. County shall have the right to audit the books, records, and accounts of City and all Subcontractors BSO that are related to this Agreement. City and its Subcontractors BSO shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement and performance under this Agreementthereunder. All such books, records, and accounts of BSO shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and, and upon request to do so, City and all Subcontractors BSO shall make same available in written form at no cost to CountyCounty in written form. City shall provide County with reasonable access to City’s facilities, and County shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Agreement. City and all Subcontractors BSO shall preserve and make available, at reasonable times within Broward County, Florida for examination and auditaudit by County, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for at least four a minimum period of three (43) years after expiration or termination of this Agreement, Agreement or until resolution of any audit findings, whichever is longer. This article shall survive any dispute or litigation between the Parties, County audits and City expressly acknowledges and agrees to be bound by this article throughout the course of any dispute or litigation with County. City must comply with the records retention requirements set forth in 24 C.F.R. Part 570.502(a)(7)(i). Any audit or inspection inspections pursuant to this section may be performed by any County representative (including any outside representative engaged by County). City hereby grants County reserves the right to conduct such audit or review at City’s BSO's place of business, if deemed appropriate by County, with seventy-two (72) hours' advance notice. If the Florida Public Records Act is determined by County to be applicable to BSO's records, BSO will comply with all requirements thereof; however, no confidentiality or nondisclosure requirement of either federal or state law will be violated by BSO. Any incomplete or incorrect entry in such books, records, and accounts will be a basis for County's disallowance and recovery of any payment upon such entry. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for County’s 's disallowance and recovery of any payment upon such entry. If an audit or inspection reveals in accordance with this section discloses overpricing or overcharges to County of any nature by City BSO in excess of five percent (5%) of the total contract xxxxxxxx reviewed by County, City the reasonable actual cost of County's audit shall make be reimbursed to the County by BSO in addition to making adjustments for the overcharges and pay liquidated damages pursuant to Section 4.13overcharges. Any adjustments or and/or payments due as a result of such audit or inspection shall be made within thirty (30) days after presentation of County’s 's findings to City. City shall ensure that the requirements of this section are included in all agreements with all SubcontractorsBSO.

Appears in 1 contract

Samples: Agreement

Audit Rights and Retention of Records. County shall have the right to audit the books, records, and accounts of City SBBC and all Subcontractors its subcontractors that are related to this Agreement. City Such rights include examination of books, records, and accounts supporting the cost per unit of service, as well as any such records of funds received from other sources for the same or similar services as performed under this Agreement. SBBC and its Subcontractors subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement and performance under this Agreement. All Any incomplete or incorrect entry in such books, records, and accounts shall be kept a basis for County's disallowance and recovery of any payment upon such entry. SBBC acknowledges that in written form, or in a form capable of conversion into written form within a reasonable time, and, upon request to do so, City and all Subcontractors shall make same available in written form at no cost the event County determines that funds are due back to County. City shall provide County with reasonable access , the HSD Director or Deputy Director may in his or her sole and absolute discretion require SBBC to City’s facilitiespay up to one percent (1%) interest annually on those funds, and County which interest shall be allowed to interview all current or former employees to discuss matters pertinent to calculated from the performance of this Agreementdate County incorrectly paid SBBC. City SBBC and all Subcontractors its subcontractors shall preserve and make available, at reasonable times within Broward County, Florida available for examination and audit, audit by County all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for at least four five (45) years after the termination or expiration or termination of this Agreement, or until resolution for a longer period of time if required by the retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable. If any audit findingshas been initiated and audit findings have not been resolved at the end of the retention period or the required five (5) year period, whichever is longer. This article shall survive any dispute or litigation between , the Parties, and City expressly acknowledges and agrees to be bound by this article throughout the course of any dispute or litigation with County. City must comply with the records retention requirements set forth in 24 C.F.R. Part 570.502(a)(7)(i). Any audit or inspection pursuant to this section may be performed by any County representative (including any outside representative engaged by County). City hereby grants County the right to conduct such audit or review at City’s place of business, if deemed appropriate by County, with seventy-two (72) hours’ advance notice. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for County’s disallowance and recovery retained until resolution of any payment upon such entrythe audit findings. If an audit the Florida Public Records Act is determined by County to be applicable to SBBC's and its subcontractors' records, SBBC and its subcontractors shall comply with all requirements thereof; however, no confidentiality or inspection reveals overpricing nondisclosure requirement of either federal or overcharges state law shall be violated by SBBC or its subcontractors. SBBC shall, by written contract, require its subcontractor(s), if any, to County agree to the requirements and obligations of any nature by City in excess of five percent (5%) of the total contract xxxxxxxx reviewed this Article. If subcontracting is permitted by County, City shall make adjustments for the overcharges and pay liquidated damages pursuant to Section 4.13. Any adjustments or payments due as a result of such audit or inspection shall be made within thirty (30) days after presentation of County’s findings to City. City SBBC shall ensure that the requirements of this section Article are included in all agreements with all Subcontractorsits subcontractor(s).

Appears in 1 contract

Samples: Safety and Education Program

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Audit Rights and Retention of Records. If Recipient has an independent audit performed of its activities that encompasses all or any portion of the Grant Award Period, Recipient shall provide a copy thereof to County shall have within thirty (30) days of receipt thereof. In addition to receipt of Recipient’s independent audit (if any) of its activities, County has the right to audit the books, records, and accounts of City Recipient and all its Subcontractors that are related to this the Grant Agreement. City Recipient and its Subcontractors shall must keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to this the Grant Agreement and performance under this the Grant Agreement. All such books, records, and accounts shall must be kept in written form, or in a form capable of conversion into written form within a reasonable time, and, and upon request to do so, City Recipient or its Subcontractor must make all books, records, and all Subcontractors shall make same accounts available in written form at no cost to County. City shall provide County with reasonable access to City’s facilities, Recipient and County shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Agreement. City and all its Subcontractors shall must preserve and make available, at reasonable times within Broward County, Florida Florida, for examination and audit, all financial records, supporting documents, statistical records, and any other documents pertinent to this the Grant Agreement for at least four three (43) years after expiration or termination of this Agreement, the Grant Agreement or until resolution of any audit findings, whichever is longer. This article shall survive any dispute or litigation between the Parties, and City expressly acknowledges and agrees to be bound by this article throughout the course of any dispute or litigation with County. City must comply with the records retention requirements set forth in 24 C.F.R. Part 570.502(a)(7)(i). Any audit or inspection pursuant to in accordance with this section may be performed by any County representative (including any outside representative engaged by County). City hereby grants County has the right to conduct such the audit or review at CityRecipient’s place of business, if deemed appropriate by County, with seventy-two (72) hours’ advance notice. Any incomplete or incorrect entry in such the books, records, and accounts shall will be a basis for County’s disallowance and recovery of any payment upon such entry. If an audit or inspection reveals in accordance with this section discloses overpricing or overcharges to County of any nature by City Recipient in excess of five percent (5%) of the total contract xxxxxxxx reviewed by County, City shall make the reasonable actual cost of County’s audit will be reimbursed to County by Recipient in addition to making adjustments for the overcharges and pay liquidated damages pursuant to Section 4.13overcharges. Any adjustments or payments due as a result of such the audit or inspection shall must be made within thirty (30) days after presentation of County’s findings to CityRecipient. City shall Recipient must ensure that the requirements of this section are included in all agreements with all Subcontractorsany subcontractors engaged in activities subject to the Grant Agreement.

Appears in 1 contract

Samples: www.broward.org

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