Common use of Authority Right to Perform Audits, Inspections, or Attestation Clause in Contracts

Authority Right to Perform Audits, Inspections, or Attestation. Engagements At any time or times during the Term of this Contract or within three years after the end of this Contract, Authority, or its duly authorized representative, will be permitted to initiate and perform audits, inspections or attestation engagements over Company’s records for the purpose of determining payment eligibility under this Contract or over selected operations performed by Company under this Contract for the purpose of determining compliance with this Contract. Free and unrestricted access will be granted to all of Company’s records directly pertinent to this Contract or any work order, as well as records of parent, affiliate and subsidiary companies and any subconsultants or subcontractors. If the records are kept at locations other than the Airport, Company will arrange for said records to be brought to a location convenient to Authority auditors to conduct the engagement as set forth in this Article. Or, Company may transport Authority team to Company headquarters for purposes of undertaking said engagement. In such event, Company will pay reasonable costs of transportation, food and lodging for Authority team. In the event Company maintains its accounting or Contract information in electronic format, upon request by Authority auditors, Company will provide a download or extract of data files in a computer readable format acceptable to Authority at no additional cost. Authority has the right during the engagement to interview Company’s employees, subconsultants, and subcontractors, and to make photocopies of records as needed. Company agrees to deliver or provide access to all records requested by Authority auditors within fourteen (14) calendar days of the request at the initiation of the engagement and to deliver or provide access to all other records requested during the engagement within seven (7) calendar days of each request. The Parties recognize that Authority will incur additional costs if records requested by Authority auditors are not provided in a timely manner and that the amount of those costs is difficult to determine with certainty. Consequently, the Parties agree Authority may assess liquidated damages in the amount of one hundred dollars ($100.00) per day, for each requested record not received. Such damages may be assessed beginning on the fifteenth (15th) or eighth (8th) day, as applicable, following the date the request was made. Accrual of such fee will continue until specific performance is accomplished. This liquidated damage rate is not an exclusive remedy and Authority retains all rights, including but not limited to, its rights to elect its remedies and pursue all legal and equitable remedies. The Parties expressly agree that these liquidated damages are not a penalty and represent reasonable estimates of fair compensation for the losses that reasonably may be anticipated from Company’s failure to comply. If as a result of any engagement, it is determined that Company has overcharged Authority, Company will re-pay Authority for overcharge and Authority may assess interest of up to twelve percent (12%) on the overcharge from the date the overcharge occurred. If it is determined that Company has overcharged Authority by more than three percent for the period under consideration, Company will also pay for the entire cost of the engagement. Company will include a provision providing Authority the same access to business records at the subconsultant and subcontractor level in all of its subconsultant and subcontractor agreements executed related to this Contract. Company agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.

Appears in 3 contracts

Samples: Service Development Contract, Service Development Contract, Service Development Contract

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Authority Right to Perform Audits, Inspections, or Attestation. Engagements At any time or times during the Term of this Contract Agreement or within three years after the end of this ContractAgreement, Authority, or its duly authorized representative, will be permitted to initiate and perform audits, inspections or attestation engagements over Company’s records for the purpose of determining payment eligibility under this Contract Agreement or over selected operations performed by Company under this Contract Agreement for the purpose of determining compliance with this ContractAgreement. Free and unrestricted access will be granted to all of Company’s records directly pertinent to this Contract Agreement or any work order, as well as records of parent, affiliate and subsidiary companies and any subconsultants or subcontractors. If the records are kept at locations other than the Airport, Company will arrange for said records to be brought to a location convenient to Authority auditors to conduct the engagement as set forth in this Article. Or, Company may transport Authority team to Company headquarters for purposes of undertaking said engagement. In such event, Company will pay reasonable costs of transportation, food and lodging for Authority team. In the event Company maintains its accounting or Contract Agreement information in electronic format, upon request by Authority auditors, Company will provide a download or extract of data files in a computer readable format acceptable to Authority at no additional cost. Authority has the right during the engagement to interview Company’s employees, subconsultants, and subcontractors, and to make photocopies of records as needed. Company agrees to deliver or provide access to all records requested by Authority auditors within fourteen (14) calendar days of the request at the initiation of the engagement and to deliver or provide access to all other records requested during the engagement within seven (7) calendar days of each request. The Parties recognize that Authority will incur additional costs if records requested by Authority auditors are not provided in a timely manner and that the amount of those costs is difficult to determine with certainty. Consequently, the Parties agree Authority may assess liquidated damages in the amount of one hundred dollars ($100.00) per day, for each requested record not received. Such damages may be assessed beginning on either the fifteenth (15th) or the eighth (8th) day, as applicable, following the date the request was made. Accrual of such fee will continue until specific performance is accomplished. This liquidated damage rate is not an exclusive remedy and Authority retains all rights, including but not limited to, its rights to elect its remedies and pursue all legal and equitable remedies. The Parties expressly agree that these liquidated damages are not a penalty and represent reasonable estimates of fair compensation for the losses that reasonably may be anticipated from Company’s failure to comply. If as a result of any engagement, it is determined that Company has overcharged Authority, Company will re-pay Authority for overcharge and Authority may assess interest of up to twelve percent (12%) on the overcharge from the date the overcharge occurred. If it is determined that Company has overcharged Authority by more than three percent for the period under consideration, Company will also pay for the entire cost of the engagement. Company will include a provision providing Authority the same access to business records at the subconsultant and subcontractor level in all of its subconsultant and subcontractor agreements executed related to this ContractAgreement. Company agrees to comply with Section 20.055(5), Florida Statutes, and with respect to agreements entered by Company after the effective date of this Agreement, to incorporate in all subcontracts subconsultant and subcontractor agreements the obligation to comply with Section 20.055(5), Florida Statutes.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Authority Right to Perform Audits, Inspections, or Attestation. Engagements At any time or times during the Term term of this Contract or within three years after the end of this Contract, Authority, or its duly authorized representative, will be permitted to initiate and perform audits, inspections or attestation engagements over Company’s records for the purpose of determining payment eligibility under this Contract or over selected operations performed by Company under this Contract for the purpose of determining compliance with this Contract. Free and unrestricted access will be granted to all of Company’s records directly pertinent to this Contract or any work orderWork Plan, as well as records of parent, affiliate and subsidiary companies and any subconsultants or subcontractors. If the records are kept at locations other than the Airport, Company will arrange for said records to be brought to a location convenient to Authority auditors to conduct the engagement as set forth in this Article. Or, Company may transport Authority team to Company headquarters for purposes of undertaking said engagement. In such event, Company will pay reasonable costs of transportation, food and lodging for Authority team. In the event Company maintains its accounting or Contract information in electronic format, upon request by Authority auditors, Company will provide a download or extract of data files in a computer readable format acceptable to Authority at no additional cost. Authority has the right during the engagement to interview Company’s employees, subconsultants, and subcontractors, and to make photocopies of records as needed. Company agrees to deliver or provide access to all records requested by Authority auditors within fourteen (14) calendar days of the request at the initiation of the engagement and to deliver or provide access to all other records requested during the engagement within seven (7) calendar days of each request. The Parties recognize that Authority will incur additional costs if records requested by Authority auditors are not provided in a timely manner and that the amount of those costs is difficult to determine with certainty. Consequently, the Parties agree Authority may assess liquidated damages in the amount of one hundred dollars ($100.00) per day, for each requested record not received. Such damages may be assessed beginning on the fifteenth (15th) or eighth (8th) day, as applicable, day following the date the request was made. Accrual of such fee will continue until specific performance is accomplished. This liquidated damage rate is not an exclusive remedy and Authority retains all rights, including but not limited to, its rights to elect its remedies and pursue all legal and equitable remedies. The Parties expressly agree that these liquidated damages are not a penalty and represent reasonable estimates of fair compensation for the losses that reasonably may be anticipated from Company’s failure to comply. If as a result of any engagement, it is determined that Company has overcharged Authority, Company will re-pay Authority for overcharge and Authority may assess interest of up to twelve percent (12%) on the overcharge from the date the overcharge occurred. If it is determined that Company has overcharged Authority by more than three percent for the period under consideration, Company will also pay for the entire cost of the engagement. Company will include a provision providing Authority the same access to business records at the subconsultant and subcontractor level in all of its subconsultant and subcontractor agreements executed related to this Contract. Company agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.

Appears in 1 contract

Samples: www.tampaairport.com

Authority Right to Perform Audits, Inspections, or Attestation. Engagements At any time or times during the Term of this Contract Agreement or within three years after the end of this ContractAgreement, Authority, or its duly authorized representative, will be permitted provide notice to initiate and the City of the Authority’s intent to perform auditsan audit, inspections inspection or attestation engagements engagement over CompanyCity’s records for the purpose of determining payment eligibility under this Contract Agreement or over selected operations performed by Company City under this Contract Agreement for the purpose of determining compliance with this ContractAgreement. Within 30 days of such notice, the Parties will coordinate a mutually convenient time to perform such audit, inspection or attestation engagement. Free and unrestricted access will be granted to all of CompanyCity’s records directly pertinent to this Contract Agreement or any work order, as well as records of parent, affiliate and subsidiary companies and any subconsultants or subcontractors. If the records are kept at locations other than the Airport, Company City will arrange for said records to be brought to a location convenient to Authority auditors to conduct the engagement as set forth in this Article. Or, Company City may transport Authority team to Company City headquarters for purposes of undertaking said engagement. In such event, Company City will pay reasonable costs of transportation, food and lodging for Authority team. In the event Company City maintains its accounting or Contract Agreement information in electronic format, upon request by Authority auditors, Company City will provide a download or extract of data files in a computer readable format acceptable to Authority at no additional cost. Authority has the right during the engagement to interview CompanyCity’s employees, subconsultants, and subcontractors, and to make photocopies of records as needed. Company City agrees to deliver or provide access to all records requested by Authority auditors within fourteen twenty (1420) calendar days of the request at the initiation of the engagement and to deliver or provide access to all other records requested during the engagement within seven (7) calendar days of each request. The Parties recognize that Authority will incur additional costs if records requested by Authority auditors are not provided in a timely manner and that the amount of those costs is difficult to determine with certainty. Consequently, the Parties agree Authority may assess liquidated damages in the amount of one hundred dollars ($100.00) per day, for each requested record not received. , up to a maximum of five thousand dollars ($5,000.00) Such damages may be assessed beginning on the fifteenth twenty first (15th21st) or eighth (8th) day, as applicable, day following the date the request was made. Accrual of such fee will continue until specific performance is accomplished. This liquidated damage rate is not an exclusive remedy and Authority retains all rights, including but not limited to, its rights to elect its remedies and pursue all legal and equitable remedies. The Parties expressly agree that these liquidated damages are not a penalty and represent reasonable estimates of fair compensation for the losses that reasonably may be anticipated from CompanyCity’s failure to comply. If as a result of any engagement, it is determined that Company City has overcharged Authority, Company City will re-pay Authority for overcharge and Authority may assess interest of up to twelve percent (12%) on the overcharge from the date the overcharge occurredsuch overcharge. If it is determined that Company City has overcharged Authority by more than three percent for the period under consideration, Company City will also pay for the entire cost of the engagement. Company City will include a provision providing Authority the same access to business records at the subconsultant and subcontractor level in all of its subconsultant and subcontractor agreements executed related to this ContractAgreement. Company City agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.

Appears in 1 contract

Samples: Interlocal Agreement

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Authority Right to Perform Audits, Inspections, or Attestation. Engagements At any time or times during the Term of this the Contract or within three years after the end of this the Contract, Authority, or its duly authorized representative, will be permitted to initiate and perform audits, inspections or attestation engagements over Company’s records for the purpose of determining payment eligibility under this the Contract or over selected operations performed by Company under this Contract for the purpose of determining compliance with this the Contract. Free and unrestricted access will be granted to all of Company’s records directly pertinent to this Contract or any work order, as well as records of parent, affiliate and subsidiary companies and any subconsultants or subcontractors. If the records are kept at locations other than the Airport, Company will arrange for said records to be brought to a location convenient to Authority auditors to conduct the engagement as set forth in this Article. Or, Company may transport Authority team to Company headquarters for purposes of undertaking said engagement. In such event, Company will pay reasonable costs of transportation, food and lodging for Authority team. In the event Company maintains its accounting or Contract information in electronic format, upon request by Authority auditors, Company will provide a download or extract of data files in a computer readable format acceptable to the Authority at no additional cost. Authority has the right during the engagement to interview Company’s employees, subconsultants, and subcontractors, and to make photocopies of records as needed. Company agrees to deliver or provide access to all records requested by Authority auditors within fourteen (14) calendar days of the request at the initiation of the engagement and to deliver or provide access to all other records requested during the engagement within seven (7) calendar days of each request. The Parties recognize that Authority will incur additional costs if records requested by Authority auditors are not provided in a timely manner and that the amount of those costs is difficult to determine with certainty. Consequently, the Parties agree Authority that Company may assess liquidated damages in the amount be charged a penalty fee of one hundred dollars ($100.00) ), in addition to all other contractual financial requirements, for each item in a records request, per calendar day, for each time Company is late in submitting requested record not received. Such damages may be assessed beginning on records to perform the fifteenth (15th) or eighth (8th) day, as applicable, following the date the request was madeengagement. Accrual of such fee will continue until specific performance is accomplished. This liquidated damage rate is not an exclusive remedy and Authority retains all rightsIf, including but not limited to, its rights to elect its remedies and pursue all legal and equitable remedies. The Parties expressly agree that these liquidated damages are not a penalty and represent reasonable estimates of fair compensation for the losses that reasonably may be anticipated from Company’s failure to comply. If as a result of any engagement, it is determined that Company has overcharged Authority, Company will re-pay Authority for the overcharge and the Authority may assess interest of up to twelve percent (12%) on the overcharge from the date the overcharge occurred. If it is determined that Company has overcharged Authority by more than three percent for of the period under considerationreimbursable amount, excluding any lump sum amount, contained in this Contract, Company will also pay for the entire cost of the engagement. Company will include a provision providing Authority the same access to business records at the subconsultant and subcontractor level in all of its subconsultant and subcontractor agreements executed related to this Contract. Company agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.

Appears in 1 contract

Samples: www.tampaairport.com

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