Common use of AUDITS AND ENFORCEMENT Clause in Contracts

AUDITS AND ENFORCEMENT. 8.3.1 Throughout the Term and within seven years after the end of any year of the Term, the Director or the City Controller may upon 14 days’ written notice cause an inspection and audit to be made of the reports described in Sections 7.2 and accounting books and records in Section 7.3. If, as a result of such inspection and audit, it is established that additional monies are due the City, Parking Operator shall pay such additional monies to the City within 15 days of receipt of written notice from the Director. If an inspection and audit establishes that Parking Operator has overpaid the City, then such overpayment shall be credited to Parking Operator through its Management Fee; however, in no event shall the City be liable for interest if there has been an overpayment by Parking Operator. 8.3.2 Notwithstanding the foregoing, City shall have the right, without notice to Parking Operator, to conduct on-going review (on line/site) or spot audits (financial and/or operational) of Parking Operator's performance under this Agreement at any time as necessary to ensure compliance with the requirements of this Agreement. Parking Operator shall cooperate with the Director and provide information and records (including accounting books and records) requested by the Director in the conduct of such spot audits and reviews. 8.3.3 The City Attorney shall have the right to enforce all legal rights and obligations under this Agreement without further authorization. Parking Operator covenants to provide the City Attorney all documents and records (including accounting books and records) that the City Attorney deems necessary to assist in determining Parking Operator's compliance with this Agreement, with the exception of those documents made confidential by federal or State law or regulation. 8.3.4 Parking Operator agrees that all accounting books and records and any related Documents required by the Director shall be made available to the Director and City Controller at the Parking Operator’s Airport office or HAS Administration Building, or when such books and records and related documents are not maintained at the Airport office, at such other location that is reasonably acceptable to the Director. If for any reason, on the first working day after the 14 days’ notice period expires, accounting books and records and related documents required for audit or inspection are not made available at the Parking Operator’s Airport office or HAS Administration Building, Parking Operator shall arrange and pay or reimburse City within 30 days of expenditure by City for reasonable transportation costs (including airfare and ground transportation) and room and board for up to three City representatives to the location where such accounting books and records and related documents are maintained by Parking Operator. Parking Operator shall allow the Director and City Controller to photocopy the accounting books and records and related Documents that they determine to be necessary to conduct and support their audit. Parking Operator shall provide retrievals of computer based records or transactions determined necessary to conduct the audit. Parking Operator shall not charge the City for the reasonable use of Parking Operator's photocopy machine while conducting an audit, nor for the cost of retrieving, downloading to electronic or other media, and printing any records or transactions stored in magnetic, optical, microfilm, or other media.

AUDITS AND ENFORCEMENT. 8.3.1 Throughout the Term of this Agreement and within seven (7) years after the end of any year of the Term, the Director or the City Controller may upon 14 fourteen (14) days’ written notice notice, without cost to Parking Operator, cause an inspection and audit to be made of the reports described in Sections 7.2 and accounting books and records in Section 7.3. If, as a result of such inspection and audit, it is established that additional monies are due the City, Parking Operator shall pay such additional monies to the City within 15 fifteen (15) days of receipt of written notice from the Director. If an inspection and audit establishes that Parking Operator has overpaid the City, then such overpayment shall be credited to Parking Operator through its Management Fee; however, in no event shall the City be liable for interest if there has been an overpayment by Parking Operator. 8.3.2 Notwithstanding the foregoing, City shall have the right, without notice to Parking Operator, to conduct on-going review (on line/site) or spot audits (financial and/or operational) of Parking Operator's performance under this Agreement at any time as necessary to ensure compliance with the requirements of this Agreement. Parking Operator shall cooperate with the Director and provide information and records (including accounting books and records) requested by the Director in the conduct of such spot audits and reviews. 8.3.3 The City Attorney shall have the right right, after consultation with the Director, to enforce all legal rights and obligations under this Agreement without further authorization. Parking Operator covenants to provide the City Attorney all documents and records (including accounting books and records) that the City Attorney deems necessary to assist in determining Parking Operator's compliance with this Agreement, with the exception of those documents made confidential by federal or State law or regulation. 8.3.4 Parking Operator agrees that all accounting books and records and any related Documents documents required by the Director shall be made available to the Director and Director, the City Controller Controller, or their designees at the Parking Operator’s Airport office or HAS Administration Building, or when such books and records and related documents are not maintained at the Airport office, at such other location that is reasonably acceptable to the Director. If for any reason, on the first working day after the 14 fourteen (14) days’ notice period expires, accounting books and records and related documents required for audit or inspection are not made available at the Parking Operator’s Airport office or HAS Administration Building, Parking Operator shall arrange and pay or reimburse City within 30 thirty (30) days of expenditure by City for reasonable transportation costs (including airfare and ground transportation) and room and board for up to three (3) City representatives to the location where such accounting books and records and related documents are maintained by Parking Operator. Parking Operator shall allow the Director and Director, City Controller Controller, or their designees to photocopy the accounting books and records and related Documents documents that they determine to be necessary to conduct and support their audit. Parking Operator shall provide retrievals of computer based records or transactions determined necessary to conduct the audit. Parking Operator shall not charge the City for the reasonable use of Parking Operator's photocopy machine while conducting an audit, nor for the cost of retrieving, downloading to electronic or other media, and printing any records or transactions stored in magnetic, optical, microfilm, or other media.

AUDITS AND ENFORCEMENT. 8.3.1 7.2.1 Throughout the Term and within seven (7) years after the end of any year of the Term, the Director or the City Controller may upon 14 fourteen (14) days’ written notice cause an inspection and audit to be made of the reports described in Sections 7.2 Section 6.2 and accounting books and records in Section 7.36.3. If, as a result of such inspection and audit, it is established that additional monies are due the City, Parking Bus Operator shall pay such additional monies to the City within 15 fifteen (15) days of receipt of written notice from the Director. If an inspection and audit establishes that Parking Bus Operator has overpaid the City, then such overpayment shall be credited to Parking Bus Operator through its Management Fee; however, in no event shall the City be liable for interest if there has been an overpayment by Parking Bus Operator. 8.3.2 7.2.2 Notwithstanding the foregoing, City shall have the right, without notice to Parking Bus Operator, to conduct on-going review (on line/site) or spot audits (financial and/or operational) of Parking Bus Operator's performance under this Agreement at any time as necessary to ensure compliance with the requirements of this Agreement. Parking Bus Operator shall cooperate with the Director and provide information and records (including accounting books and records) requested by the Director in the conduct of such reviews and spot audits and reviewsaudits. 8.3.3 7.2.3 The City Attorney shall have the right to enforce all legal rights and obligations under this Agreement without further authorization. Parking Bus Operator covenants to provide the City Attorney all documents and records (including accounting books and records) that the City Attorney deems necessary to assist in determining Parking Bus Operator's compliance with this Agreement, with the exception of those documents made confidential by federal or State law or regulation. 8.3.4 Parking 7.2.4 Bus Operator agrees that all accounting books and records and any related Documents required by the Director shall be made available to the Director and or the City Controller at the Parking Bus Operator’s Airport office or HAS Administration Building, or when such books and records and related documents are not maintained at the Airport office, at such other location that is reasonably acceptable to the Director. If for any reason, on the first working day after the 14 fourteen (14) days’ notice period expires, accounting books and records and related documents required for audit or inspection are not made available at the Parking Bus Operator’s Airport office or HAS Administration Building, Parking Bus Operator shall arrange and pay or reimburse City within 30 thirty (30) days of expenditure by City for reasonable transportation costs (including airfare and ground transportation) and room and board for up to three (3) City representatives to the location where such accounting books and records and related documents are maintained by Parking Bus Operator. Parking Bus Operator shall allow the Director and the City Controller to photocopy the accounting books and records and related Documents that they determine to be necessary to conduct and support their audit. Parking Bus Operator shall provide retrievals of computer based records or transactions determined necessary to conduct the audit. Parking Bus Operator shall not charge the City for the reasonable use of Parking Bus Operator's photocopy machine while conducting an audit, nor for the cost of retrieving, downloading to electronic or other media, and printing any records or transactions stored in magnetic, optical, microfilm, or other media.