Common use of Cooperation with Investigations Clause in Contracts

Cooperation with Investigations. 16.1 The Professional agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by the Office of Internal Affairs (“OIA”) of the Owner or any other duly authorized representative of the Owner (“Representative”). 16.2 The Professional shall grant the OIA or the Representative the right to examine all books, records, files, accounts, computer records, documents and correspondence, including electronically-stored information, in the possession or control of the Professional, its subsidiaries and affiliated companies and any other company directly or indirectly controlled by the Professional, relating to the Professional. These shall include, but not be limited to: Subcontracts; bid files; payroll and personnel records; cancelled checks; correspondence; memoranda; reports; audits; vendor qualification records; original estimate files; change order/amendment estimate files; detailed worksheets; Subcontractor, Professional and supplier proposals for both successful and unsuccessful bids; back-charge logs; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates or dividends received; payroll and personnel records; tax returns, and the supporting documentation for the aforesaid books and records. At the OIA’s or the Representative’s request, said materials shall be provided in a computer readable format, where available. At the request of the OIA or the Representative, the Professional shall execute such documents, if any, as are necessary to give the OIA or the Representative access to books, documents or records related to this Contract for Professional Services which are, in whole or part, under control of the Professional but not currently in the Professional’s physical possession. The Professional shall not enter into any agreement with a Subcontractor, professional or supplier, in connection with this Contract For Professional Services, that does not contain a right-to-audit clause in favor of the Owner. The Professional shall assist the OIA or the Representative in obtaining access to past and present Subcontractor, professional and supplier amendment/change order files (including detailed documentation covering negotiated settlements), accounts, computer records, documents, correspondence, and any other books and records in the possession of Subcontractors, professionals and suppliers pertaining to this Contract For Professional Services, and, if appropriate, enforce the right-to-audit provisions of such agreements. 16.3 The Professional shall assist the OIA or the Representative in obtaining access to, interviews with, and information from all former and current persons employed and/or retained by the Professional, for purposes of this Contract For Professional Services. 16.4 The Professional shall require each Subcontractor to include in all agreements that the Subcontractor may hereinafter enter into with any and all Subcontractors, professionals and suppliers, in connection with this Contract For Professional Services, a right-to-audit clause in favor of the Owner conferring rights and powers of the type outlined in this section. The Professional shall not enter into any Subcontract with a Subcontractor in connection with this Contract For Professional Services that does not contain such a provision. 16.5 The Professional shall not make any payments to a Subcontractor, professional or supplier from whom the Professional has failed to obtain and supply to the OIA or the Representative complete, accurate and truthful information in compliance with a request from the OIA or the Representative to the Professional. 16.6 Any violation of the provisions of this Article shall justify termination of this Contract for Professional Services and may result in the Owner’s rejection of the Professional’s bids or proposals for future contracts.

Cooperation with Investigations. 16.1 The Professional agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by the Office of Internal Affairs (“OIA”) of the Owner or any other duly authorized representative of the Owner (“Representative”). 16.2 The Professional shall grant the OIA or the Representative the right to examine all books, records, files, accounts, computer records, documents and correspondence, including electronically-stored information, in the possession or control of the Professional, its subsidiaries and affiliated companies and any other company directly or indirectly controlled by the Professional, relating to the Professional. These shall include, but not be limited to: Subcontracts; bid files; payroll and personnel records; cancelled checks; correspondence; memoranda; reports; audits; vendor qualification records; original estimate files; change order/amendment estimate files; detailed worksheets; Subcontractor, Professional and supplier proposals for both successful and unsuccessful bids; back-charge logs; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates or dividends received; payroll and personnel records; tax returns, and the supporting documentation for the aforesaid books and records. At the OIA’s or the Representative’s request, said materials shall be provided in a computer readable format, where available. At the request of the OIA or the Representative, the Professional shall execute such documents, if any, as are necessary to give the OIA or the Representative access to books, documents or records related to this Term Contract for Professional Services which are, in whole or part, under control of the Professional but not currently in the Professional’s physical possession. The Professional shall not enter into any agreement with a Subcontractor, professional or supplier, in connection with this Term Contract For for Professional Services, that does not contain a right-to-audit clause in favor of the Owner. The Professional shall assist the OIA or the Representative in obtaining access to past and present Subcontractor, professional and supplier amendment/change order files (including detailed documentation covering negotiated settlements), accounts, computer records, documents, correspondence, and any other books and records in the possession of Subcontractors, professionals and suppliers pertaining to this Term Contract For for Professional Services, and, if appropriate, enforce the right-to-audit provisions of such agreements. 16.3 The Professional shall assist the OIA or the Representative in obtaining access to, interviews with, and information from all former and current persons employed and/or retained by the Professional, for purposes of this Term Contract For for Professional Services. 16.4 The Professional shall require each Subcontractor to include in all agreements that the Subcontractor may hereinafter enter into with any and all Subcontractors, professionals and suppliers, in connection with this Term Contract For for Professional Services, a right-to-to- audit clause in favor of the Owner conferring rights and powers of the type outlined in this section. The Professional shall not enter into any Subcontract with a Subcontractor in connection with this Term Contract For for Professional Services that does not contain such a provision. 16.5 The Professional shall not make any payments to a Subcontractor, professional or supplier from whom the Professional has failed to obtain and supply to the OIA or the Representative complete, accurate and truthful information in compliance with a request from the OIA or the Representative to the Professional. 16.6 Any violation of the provisions of this Article shall justify termination of this Term Contract for Professional Services and may result in the Owner’s rejection of the Professional’s bids or proposals for future contracts.

Cooperation with Investigations. ‌ 16.1 The Professional agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by the Office of Internal Affairs Professional Integrity (“OIAOPI”) of the Owner or any other duly authorized representative of the Owner (“Representative”). 16.2 The Professional shall grant the OIA OPI or the Representative the right to examine all books, records, files, accounts, computer records, documents and correspondence, including electronically-stored information, in the possession or control of the Professional, its subsidiaries and affiliated companies and any other company directly or indirectly controlled by the Professional, relating to the Professional. These shall include, but not be limited to: Subcontracts; bid files; payroll and personnel records; cancelled checks; correspondence; memoranda; reports; audits; vendor qualification records; original estimate files; change order/amendment estimate files; detailed worksheets; Subcontractor, Professional and supplier proposals for both successful and unsuccessful bids; back-charge logs; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates or dividends received; payroll and personnel records; tax returns, and the supporting documentation for the aforesaid books and records. At the OIAOPI’s or the Representative’s request, said materials shall be provided in a computer readable format, where available. At the request of the OIA OPI or the Representative, the Professional shall execute such documents, if any, as are necessary to give the OIA OPI or the Representative access to books, documents or records related to this Term Contract for Professional Services which are, in whole or part, under control of the Professional Professional, but not currently in the Professional’s physical possession. The Professional shall not enter into any agreement with a Subcontractor, professional or supplier, supplier in connection with this Term Contract For for Professional Services, Services that does not contain a right-to-audit clause in favor of the Owner. The Professional shall assist the OIA OPI or the Representative in obtaining access to past and present Subcontractor, professional and supplier amendment/change order files (including detailed documentation covering negotiated settlements), accounts, computer records, documents, correspondence, and any other books and records in the possession of Subcontractors, professionals and suppliers pertaining to this Term Contract For for Professional Services, and, if appropriate, enforce the right-to-audit provisions of such agreements. 16.3 The Professional shall assist the OIA OPI or the Representative in obtaining access to, interviews with, and information from all former and current persons employed and/or retained by the Professional, for purposes of this Term Contract For for Professional Services. 16.4 The Professional shall require each Subcontractor to include in all agreements that the Subcontractor may hereinafter enter into with any and all Subcontractors, professionals and suppliers, in connection with this Term Contract For for Professional Services, a right-to-to- audit clause in favor of the Owner conferring rights and powers of the type outlined in this section. The Professional shall not enter into any Subcontract with a Subcontractor in connection with this Term Contract For for Professional Services that does not contain such a provision. 16.5 The Professional shall not make any payments to a Subcontractor, professional or supplier from whom the Professional has failed to obtain and supply to the OIA OPI or the Representative complete, accurate and truthful information in compliance with a request from the OIA OPI or the Representative to the Professional. 16.6 Any violation of the provisions of this Article shall justify termination of this Term Contract for Professional Services and may result in the Owner’s rejection of the Professional’s bids or proposals for future contracts.