Common use of FISCAL RECORDS AND AUDIT Clause in Contracts

FISCAL RECORDS AND AUDIT. CONSULTANT shall keep records and invoices in connection with the work to be performed under this Agreement. CONSULTANT shall use recognized accounting methods in preparing such reports and invoices. ANAHEIM reserves the right to designate its own employee representative(s) or its contracted representative(s) with a certified public accounting firm who shall have the right to audit CONSULTANT's accounting procedures and internal controls of CONSULTANT's financial systems and to examine any cost, revenue, payment, claim, other records or supporting documentation resulting from any items set forth in this Agreement. If CONSULTANT fails to provide supporting documentation satisfactory to ANAHEIM for costs charged, then CONSULTANT agrees to reimburse ANAHEIM for those costs. Any such audit(s) shall be undertaken by ANAHEIM or its representative(s) at reasonable times and in conformance with generally accepted auditing standards. CONSULTANT agrees to fully cooperate with any such audit(s). This right to audit shall extend during the length of this Agreement and for a period of three (3) years, or longer if required by law, following the date of final payment under a Work Order. CONSULTANT agrees to retain all necessary records/documentation for the entire length of this audit period. CONSULTANT will be notified in writing of any exception taken as a result of an audit. Any adjustments and/or payments which must be made as a result of any such audit or inspection of CONSULTANT’s invoices and/or records shall be made within thirty (30) days from presentation of ANAHEIM’s findings to CONSULTANT. If CONSULTANT fails to make such payment, CONSULTANT agrees to pay interest, accruing monthly, at a rate of ten percent (10%) per annum unless another section of this Agreement specifies a higher rate of interest, then the higher rate will prevail. Interest will be computed from the date of written notification of exception(s) to the date CONSULTANT reimburses ANAHEIM for any exception(s). If an audit inspection or examination in accordance with this article discloses overcharges (of any nature) by CONSULTANT to ANAHEIM in excess of one percent (1%) of the value of that portion of the Agreement that was audited, the actual cost of ANAHEIM's audit shall be reimbursed to ANAHEIM by CONSULTANT. CONSULTANT reserves the right to contest any exception.

Appears in 9 contracts

Samples: Consulting Agreement, Consulting Agreement, Consulting Agreement

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FISCAL RECORDS AND AUDIT. CONSULTANT 18.1 Contractor shall keep records and invoices in connection with the work to be performed under this AgreementServices. CONSULTANT Contractor shall use recognized accounting methods in preparing such reports and invoices. ANAHEIM Anaheim reserves the right to designate its own employee representative(s) or its contracted representative(s) with a certified public accounting firm firm, who shall have the right to audit CONSULTANT's Contractor’s accounting procedures and internal controls of CONSULTANT's Contractor’s financial systems and to examine any cost, revenue, payment, claim, other records records, or supporting documentation resulting from any items set forth in this Agreement. If CONSULTANT Contractor fails to provide supporting documentation satisfactory to ANAHEIM Anaheim for costs charged, then CONSULTANT Contractor agrees to reimburse ANAHEIM Anaheim for those costs. Any such audit(s) shall be undertaken by ANAHEIM Anaheim or its representative(s) at reasonable times and in conformance with generally accepted auditing standards. CONSULTANT Contractor agrees to fully cooperate with any such audit(s). . 18.2 This right to audit shall extend during the length of this Agreement and for a period of three (3) years, or longer if required by law, following the date of final payment under a Work Orderthis Agreement. CONSULTANT Contractor agrees to retain all necessary records/documentation for the entire length of this audit period. CONSULTANT . 18.3 Contractor will be notified in writing of any exception taken as a result of an audit. Any adjustments and/or payments which that must be made as a result of any such audit or inspection of CONSULTANTContractor’s invoices and/or records shall be made within thirty (30) days from presentation of ANAHEIMAnaheim’s findings to CONSULTANTContractor. If CONSULTANT Contractor fails to make such payment, CONSULTANT Contractor agrees to pay interest, accruing monthly, at a rate of ten percent (10%) per annum unless another section of this Agreement specifies a higher rate of interest, then the which higher rate will would then prevail. Interest will be computed from the date of written notification of exception(s) to the date CONSULTANT Contractor reimburses ANAHEIM Anaheim for any exception(s). If an audit inspection or examination in accordance with this article discloses overcharges (of any nature) by CONSULTANT Contractor to ANAHEIM Anaheim in excess of one percent (1%) of the value of that portion of the Agreement that was audited, the actual cost of ANAHEIM's Anaheim’s audit shall be reimbursed to ANAHEIM Anaheim by CONSULTANT. CONSULTANT reserves the right to contest any exceptionContractor.

Appears in 2 contracts

Samples: Security Services Agreement, Security Services Agreement

FISCAL RECORDS AND AUDIT. CONSULTANT 25 CONTRACTOR shall keep records and invoices in connection with the work to be performed under this AgreementServices. CONSULTANT 26 CONTRACTOR shall use recognized accounting methods in preparing such 27 reports and invoices. ANAHEIM reserves the right to designate its own employee 28 representative(s) or its contracted representative(s) with a certified public accounting firm who 1 shall have the right to audit CONSULTANTCONTRACTOR's accounting procedures and internal controls of CONSULTANT2 CONTRACTOR's financial systems and to examine any cost, revenue, payment, claim, other 3 records or supporting documentation resulting from any items set forth in this Agreement. If CONSULTANT 4 CONTRACTOR fails to provide supporting documentation satisfactory to ANAHEIM for costs 5 charged, then CONSULTANT CONTRACTOR agrees to reimburse ANAHEIM for those costs. Any such 6 audit(s) shall be undertaken by ANAHEIM or its representative(s) at reasonable times and in 7 conformance with generally accepted auditing standards. CONSULTANT CONTRACTOR agrees to fully 8 cooperate with any such audit(s). 9 This right to audit shall extend during the length of this Agreement and for a 10 period of three (3) years, or longer if required by law, following the date of final payment under a Work Order11 this Agreement. CONSULTANT CONTRACTOR agrees to retain all necessary records/documentation for the 000 X. XXXXXXX XXXXXXXXX, XXXXX 000 12 entire length of this audit period. CONSULTANT 13 CONTRACTOR will be notified in writing of any exception taken as a result of 14 an audit. Any adjustments and/or payments which must be made as a result of any such audit or 15 inspection of CONSULTANTCONTRACTOR’s invoices and/or records shall be made within thirty (30) days 16 from presentation of ANAHEIM’s findings to CONSULTANTCONTRACTOR. If CONSULTANT CONTRACTOR fails to 17 make such payment, CONSULTANT CONTRACTOR agrees to pay interest, accruing monthly, at a rate of ten 18 percent (10%) per annum unless another section of this Agreement specifies a higher rate of 19 interest, then the higher rate will prevail. Interest will be computed from the date of written 20 notification of exception(s) to the date CONSULTANT CONTRACTOR reimburses ANAHEIM for any 21 exception(s). If an audit inspection or examination in accordance with this article discloses 22 overcharges (of any nature) by CONSULTANT CONTRACTOR to ANAHEIM in excess of one percent (1%) of 23 the value of that portion of the Agreement that was audited, the actual cost of ANAHEIM's audit 24 shall be reimbursed to ANAHEIM by CONSULTANT. CONSULTANT reserves the right to contest any exceptionCONTRACTOR.

Appears in 2 contracts

Samples: Agreement, Agreement

FISCAL RECORDS AND AUDIT. CONSULTANT A. Consultant shall keep records and invoices in connection with the work to be performed under this AgreementServices. CONSULTANT Consultant shall use recognized accounting methods in preparing such reports and invoices. ANAHEIM Anaheim reserves the right to designate its own employee representative(s) or its contracted representative(s) with a certified public accounting firm who shall have the right to audit CONSULTANT's Consultant’s accounting procedures and internal controls of CONSULTANT's Consultant’s financial systems and to examine any cost, revenue, payment, claim, other records or supporting documentation resulting from any items set forth in this Agreement. If CONSULTANT Consultant fails to provide supporting documentation satisfactory to ANAHEIM Anaheim for costs charged, then CONSULTANT Consultant agrees to reimburse ANAHEIM Anaheim for those costs. Any such audit(s) shall be undertaken by ANAHEIM Anaheim or its representative(s) at reasonable times and in conformance with generally accepted auditing standards. CONSULTANT Consultant agrees to fully cooperate with any such audit(s). . B. This right to audit shall extend during the length of this Agreement and for a period of three (3) years, or longer if required by law, following the date of final payment under a Work Order. CONSULTANT agrees to retain all necessary records/documentation for the entire length of this audit period. CONSULTANT three C. Consultant will be notified in writing of any exception taken as a result of an audit. Any adjustments and/or payments which must be made as a result of any such audit or inspection of CONSULTANTConsultant’s invoices and/or records shall be made within thirty (30) days from presentation of ANAHEIMAnaheim’s findings to CONSULTANTConsultant. If CONSULTANT Consultant fails to make such payment, CONSULTANT Consultant agrees to pay interest, accruing monthly, at a rate of ten percent (10%) per annum unless another section of this Agreement specifies a higher rate of interest, then the higher rate will prevail. Interest will be computed from the date of written notification of exception(s) to the date CONSULTANT Consultant reimburses ANAHEIM Anaheim for any exception(s). If an audit inspection or examination in accordance with this article discloses overcharges (of any nature) by CONSULTANT Consultant to ANAHEIM Anaheim in excess of one percent (1%) of the value of that portion of the Agreement that was audited, the actual cost of ANAHEIM's Anaheim’s audit shall be reimbursed to ANAHEIM Anaheim by CONSULTANT. CONSULTANT reserves the right to contest any exceptionConsultant.

Appears in 2 contracts

Samples: License and Services Agreement, Consulting Agreement

FISCAL RECORDS AND AUDIT. CONSULTANT Consultant shall keep records and invoices in connection with the work to be performed under this AgreementServices. CONSULTANT Consultant shall use recognized accounting methods in preparing such reports and invoices. ANAHEIM Anaheim reserves the right to designate its own employee representative(s) or its contracted representative(s) with a certified public accounting firm firm, who shall have the right to audit CONSULTANT's Consultant’s accounting procedures and internal controls of CONSULTANT's Consultant’s financial systems and to examine any cost, revenue, payment, claim, other records records, or supporting documentation resulting from any items set forth in this Agreement. If CONSULTANT Consultant fails to provide supporting documentation satisfactory to ANAHEIM Anaheim for costs charged, then CONSULTANT Consultant agrees to reimburse ANAHEIM Anaheim for those costs. Any such audit(s) shall be undertaken by ANAHEIM Anaheim or its representative(s) at reasonable times and in conformance with generally accepted auditing standards. CONSULTANT Consultant agrees to fully cooperate with any such audit(s). This right to audit shall extend during the length of this Agreement and for a period of three (3) years, or longer if required by law, following the date of final payment under a Work Orderthis Agreement. CONSULTANT Consultant agrees to retain all necessary records/documentation for the entire length of this audit period. CONSULTANT Consultant will be notified in writing of any exception taken as a result of an audit. Any adjustments and/or payments which that must be made as a result of any such audit or inspection of CONSULTANTConsultant’s invoices and/or records shall be made within thirty (30) days from presentation of ANAHEIMAnaheim’s findings to CONSULTANTConsultant. If CONSULTANT Consultant fails to make such payment, CONSULTANT Consultant agrees to pay interest, accruing monthly, at a rate of ten percent (10%) per annum unless another section of this Agreement specifies a higher rate of interest, then the which higher rate will would then prevail. Interest will be computed from the date of written notification of exception(s) to the date CONSULTANT Consultant reimburses ANAHEIM Anaheim for any exception(s). If an audit inspection or examination in accordance with this article discloses overcharges (of any nature) by CONSULTANT Consultant to ANAHEIM Anaheim in excess of one percent (1%) of the value of that portion of the Agreement that was audited, the actual cost of ANAHEIM's Anaheim’s audit shall be reimbursed to ANAHEIM Anaheim by CONSULTANT. CONSULTANT reserves the right to contest any exceptionConsultant.

Appears in 2 contracts

Samples: Software Services Agreement, Consultant Agreement

FISCAL RECORDS AND AUDIT. CONSULTANT shall keep records and invoices in connection with the work to be performed under this Agreement. CONSULTANT shall use recognized accounting methods in preparing such reports and invoices. ANAHEIM reserves the right to designate its own employee representative(s) or its contracted representative(s) with a certified public accounting firm who shall have the right to audit CONSULTANT's accounting procedures and internal controls of CONSULTANT's financial systems and to examine any cost, revenue, payment, claim, other records or supporting documentation resulting from any items set forth in this Agreement. If CONSULTANT fails to provide supporting documentation satisfactory to ANAHEIM for costs charged, then CONSULTANT agrees to reimburse ANAHEIM for those costs. Any such audit(s) shall be undertaken by ANAHEIM or its representative(s) at reasonable times and in conformance with generally accepted auditing standards. CONSULTANT agrees to fully cooperate with any such audit(s). This right to audit shall extend during the length of this Agreement and for a period of three (3) years, or longer if required by law, following the date of final payment under a Work Orderthis Agreement. CONSULTANT agrees to retain all necessary records/documentation for the entire length of this audit period. CONSULTANT will be notified in writing of any exception taken as a result of an audit. Any adjustments and/or payments which must be made as a result of any such audit or inspection of CONSULTANT’s invoices and/or records shall be made within thirty (30) days from presentation of ANAHEIM’s findings to CONSULTANT. If CONSULTANT fails to make such payment, CONSULTANT agrees to pay interest, accruing monthly, at a rate of ten percent (10%) per annum unless another section of this Agreement specifies a higher rate of interest, then the higher rate will prevail. Interest will be computed from the date of written notification of exception(s) to the date CONSULTANT reimburses ANAHEIM for any exception(s). If an audit inspection or examination in accordance with this article discloses overcharges (of any nature) by CONSULTANT to ANAHEIM in excess of one percent (1%) of the value of that portion of the Agreement that was audited, the actual cost of ANAHEIM's audit shall be reimbursed to ANAHEIM by CONSULTANT. CONSULTANT reserves the right to contest any exception.

Appears in 1 contract

Samples: Consulting Agreement

FISCAL RECORDS AND AUDIT. CONSULTANT 21.1 Provider shall keep records and invoices in connection with the work to be performed under this AgreementServices. CONSULTANT Provider shall use recognized accounting methods in preparing such reports and invoices. ANAHEIM Anaheim reserves the right to designate its own employee representative(s) or its contracted representative(s) with a certified public accounting firm firm, who shall have the right to audit CONSULTANT's Provider’s accounting procedures and internal controls of CONSULTANT's Provider’s financial systems and to examine any cost, revenue, payment, claim, other records records, or supporting documentation resulting from any items set forth in this Agreement. If CONSULTANT Provider fails to provide supporting documentation satisfactory to ANAHEIM Anaheim for costs charged, then CONSULTANT Provider agrees to reimburse ANAHEIM Anaheim for those costs. Any such audit(s) shall be undertaken by ANAHEIM Anaheim or its representative(s) at reasonable times and in conformance with generally accepted auditing standards. CONSULTANT Provider agrees to fully cooperate with any such audit(s). . 21.2 This right to audit shall extend during the length of this Agreement and for a period of three (3) years, or longer if required by law, following the date of final payment under a Work Orderthis Agreement. CONSULTANT Provider agrees to retain all necessary records/documentation for the entire length of this audit period. CONSULTANT . 21.3 Provider will be notified in writing of any exception taken as a result of an audit. Any adjustments and/or payments which that must be made as a result of any such audit or inspection of CONSULTANTProvider’s invoices and/or records shall be made within thirty (30) days from presentation of ANAHEIMAnaheim’s findings to CONSULTANTProvider. If CONSULTANT Provider fails to make such payment, CONSULTANT Provider agrees to pay interest, accruing monthly, at a rate of ten percent (10%) per annum unless another section of this Agreement specifies a higher rate of interest, then the which higher rate will would then prevail. Interest will be computed from the date of written notification of exception(s) to the date CONSULTANT Provider reimburses ANAHEIM Anaheim for any exception(s). If an audit inspection or examination in accordance with this article discloses overcharges (of any nature) by CONSULTANT Provider to ANAHEIM Anaheim in excess of one percent (1%) of the value of that portion of the Agreement that was audited, the actual cost of ANAHEIM's Anaheim’s audit shall be reimbursed to ANAHEIM Anaheim by CONSULTANT. CONSULTANT reserves the right to contest any exceptionProvider.

Appears in 1 contract

Samples: Licensing Agreements

FISCAL RECORDS AND AUDIT. CONSULTANT 4 CONTRACTOR shall keep records and invoices in connection with the work to be performed under this AgreementServices. CONSULTANT 5 CONTRACTOR shall use recognized accounting methods in preparing such 6 reports and invoices. ANAHEIM reserves the right to designate its own employee 7 representative(s) or its contracted representative(s) with a certified public accounting firm who 8 shall have the right to audit CONSULTANTCONTRACTOR's accounting procedures and internal controls of CONSULTANT9 CONTRACTOR's financial systems and to examine any cost, revenue, payment, claim, other 10 records or supporting documentation resulting from any items set forth in this Agreement. If CONSULTANT 11 CONTRACTOR fails to provide supporting documentation satisfactory to ANAHEIM for costs 000 X. XXXXXXX XXXXXXXXX, XXXXX 000 12 charged, then CONSULTANT CONTRACTOR agrees to reimburse ANAHEIM for those costs. Any such 13 audit(s) shall be undertaken by ANAHEIM or its representative(s) at reasonable times and in 14 conformance with generally accepted auditing standards. CONSULTANT CONTRACTOR agrees to fully 15 cooperate with any such audit(s). 16 This right to audit shall extend during the length of this Agreement and for a 17 period of three (3) years, or longer if required by law, following the date of final payment under a Work Order18 this Agreement. CONSULTANT XXXXXXXXXX agrees to retain all necessary records/documentation for the 19 entire length of this audit period. CONSULTANT 20 CONTRACTOR will be notified in writing of any exception taken as a result of 21 an audit. Any adjustments and/or payments which must be made as a result of any such audit or 22 inspection of CONSULTANTCONTRACTOR’s invoices and/or records shall be made within thirty (30) days 23 from presentation of ANAHEIM’s findings to CONSULTANTCONTRACTOR. If CONSULTANT CONTRACTOR fails to 24 make such payment, CONSULTANT CONTRACTOR agrees to pay interest, accruing monthly, at a rate of ten 25 percent (10%) per annum unless another section of this Agreement specifies a higher rate of 26 interest, then the higher rate will prevail. Interest will be computed from the date of written 27 notification of exception(s) to the date CONSULTANT CONTRACTOR reimburses ANAHEIM for any 28 exception(s). If an audit inspection or examination in accordance with this article discloses 1 overcharges (of any nature) by CONSULTANT CONTRACTOR to ANAHEIM in excess of one percent (1%) of 2 the value of that portion of the Agreement that was audited, the actual cost of ANAHEIM's audit 3 shall be reimbursed to ANAHEIM by CONSULTANT. CONSULTANT reserves the right to contest any exceptionCONTRACTOR.

Appears in 1 contract

Samples: Environmental Waste Management Services Agreement

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FISCAL RECORDS AND AUDIT. CONSULTANT Provider shall keep records and invoices in connection with the work to be performed under this AgreementServices. CONSULTANT Provider shall use recognized accounting methods in preparing such reports and invoices. ANAHEIM Anaheim reserves the right to designate its own employee representative(s) or its contracted representative(s) with a certified public accounting firm firm, who shall have the right to audit CONSULTANT's Provider’s accounting procedures and internal controls of CONSULTANT's Provider’s financial systems and to examine any cost, revenue, payment, claim, other records records, or supporting documentation resulting from any items set forth in this Agreement. If CONSULTANT Provider fails to provide supporting documentation satisfactory to ANAHEIM Anaheim for costs charged, then CONSULTANT Provider agrees to reimburse ANAHEIM Anaheim for those costs. Any such audit(s) shall be undertaken by ANAHEIM Anaheim or its representative(s) at reasonable times and in conformance with generally accepted auditing standards. CONSULTANT Provider agrees to fully cooperate with any such audit(s). This right to audit shall extend during the length of this Agreement and for a period of three (3) years, or longer if required by law, following the date of final payment under a Work Orderthis Agreement. CONSULTANT Provider agrees to retain all necessary records/documentation for the entire length of this audit period. CONSULTANT Provider will be notified in writing of any exception taken as a result of an audit. Any adjustments and/or payments which that must be made as a result of any such audit or inspection of CONSULTANTProvider’s invoices and/or records shall be made within thirty (30) days from presentation of ANAHEIMAnaheim’s findings to CONSULTANTProvider. If CONSULTANT Provider fails to make such payment, CONSULTANT Provider agrees to pay interest, accruing monthly, at a rate of ten percent (10%) per annum unless another section of this Agreement specifies a higher rate of interest, then the which higher rate will would then prevail. Interest will be computed from the date of written notification of exception(s) to the date CONSULTANT Provider reimburses ANAHEIM Anaheim for any exception(s). If an audit inspection or examination in accordance with this article discloses overcharges (of any nature) by CONSULTANT Provider to ANAHEIM Anaheim in excess of one percent (1%) of the value of that portion of the Agreement that was audited, the actual cost of ANAHEIM's Anaheim’s audit shall be reimbursed to ANAHEIM Anaheim by CONSULTANT. CONSULTANT reserves the right to contest any exceptionProvider.

Appears in 1 contract

Samples: Services Agreement

FISCAL RECORDS AND AUDIT. CONSULTANT Amtrak shall keep records and invoices in connection with the work to be performed under this Agreement. CONSULTANT Amtrak shall use recognized accounting methods in preparing such reports and invoices. ANAHEIM City reserves the right to designate its own employee representative(s) or its contracted representative(s) with a certified public accounting firm who shall have the right to audit CONSULTANTAmtrak's accounting procedures and internal controls of CONSULTANTAmtrak's financial systems and to examine any cost, revenue, payment, claim, other records or supporting documentation resulting from any items set forth in this Agreement. If CONSULTANT Amtrak fails to provide supporting documentation satisfactory to ANAHEIM City for costs charged, then CONSULTANT Amtrak agrees to reimburse ANAHEIM City for those costs. Any such audit(s) shall be undertaken by ANAHEIM City or its representative(s) at reasonable times and in conformance with generally accepted auditing standards. CONSULTANT Amtrak agrees to fully cooperate with any such audit(s). This right to audit shall extend during the length of this Agreement and for a period of three (3) years, or longer if required by lawlaw (provided that the City shall notify Amtrak in the event the audit period is extended by legal mandate beyond a three (3) year period), following the date of final payment under a Work Orderthis Agreement. CONSULTANT Amtrak agrees to retain all necessary records/documentation for the entire length of this audit period. CONSULTANT Amtrak will be notified in writing of any exception taken as a result of an audit. Any adjustments and/or payments which must be made as a result of any such audit or inspection of CONSULTANTAmtrak’s invoices and/or records shall be made within thirty (30) days from presentation of ANAHEIMCity’s findings to CONSULTANTAmtrak. If CONSULTANT Amtrak fails to make such payment, CONSULTANT Amtrak agrees to pay interest, accruing monthly, at a rate of ten percent (10%) per annum unless another section of this Agreement specifies a higher rate of interest, then the higher rate will prevail. Interest will be computed from the date of written notification of exception(s) to the date CONSULTANT Amtrak reimburses ANAHEIM City for any exception(s). If an audit inspection or examination in accordance with this article discloses overcharges (of any nature) by CONSULTANT Amtrak to ANAHEIM City in excess of one percent (1%) of the value of that portion of the Agreement that was audited, the actual cost of ANAHEIMCity's audit shall be reimbursed to ANAHEIM City by CONSULTANTAmtrak. CONSULTANT Amtrak reserves the right to contest any exception.

Appears in 1 contract

Samples: Intergovernmental Agreement

FISCAL RECORDS AND AUDIT. 25 CONSULTANT shall keep records and invoices in connection with the work to be performed under this AgreementServices. 26 CONSULTANT shall use recognized accounting methods in preparing such 27 reports and invoices. ANAHEIM reserves the right to designate its own employee 28 representative(s) or its contracted representative(s) with a certified public accounting firm who 1 shall have the right to audit CONSULTANT's accounting procedures and internal controls of 2 CONSULTANT's financial systems and to examine any cost, revenue, payment, claim, other 3 records or supporting documentation resulting from any items set forth in this Agreement. If 4 CONSULTANT fails to provide supporting documentation satisfactory to ANAHEIM for costs 5 charged, then CONSULTANT agrees to reimburse ANAHEIM for those costs. Any such 6 audit(s) shall be undertaken by ANAHEIM or its representative(s) at reasonable times and in 7 conformance with generally accepted auditing standards. CONSULTANT agrees to fully 8 cooperate with any such audit(s). 9 This right to audit shall extend during the length of this Agreement and for a 10 period of three (3) years, or longer if required by law, following the date of final payment under a Work Order11 this Agreement. CONSULTANT agrees to retain all necessary records/documentation for the 000 X. XXXXXXX XXXXXXXXX, XXXXX 000 12 entire length of this audit period. 13 CONSULTANT will be notified in writing of any exception taken as a result of 14 an audit. Any adjustments and/or payments which must be made as a result of any such audit or 15 inspection of CONSULTANT’s invoices and/or records shall be made within thirty (30) days 16 from presentation of ANAHEIM’s findings to CONSULTANT. If CONSULTANT fails to 17 make such payment, CONSULTANT agrees to pay interest, accruing monthly, at a rate of ten 18 percent (10%) per annum unless another section of this Agreement specifies a higher rate of 19 interest, then the higher rate will prevail. Interest will be computed from the date of written 20 notification of exception(s) to the date CONSULTANT reimburses ANAHEIM for any 21 exception(s). If an audit inspection or examination in accordance with this article discloses 22 overcharges (of any nature) by CONSULTANT to ANAHEIM in excess of one percent (1%) of 23 the value of that portion of the Agreement that was audited, the actual cost of ANAHEIM's audit 24 shall be reimbursed to ANAHEIM by CONSULTANT. CONSULTANT reserves the right to contest any exception.

Appears in 1 contract

Samples: Consulting Agreement

FISCAL RECORDS AND AUDIT. CONSULTANT Amtrak shall keep records and invoices in connection with the work Services to be performed under this Agreement. CONSULTANT shall use recognized accounting methods in preparing such reports and invoices. ANAHEIM The City reserves the right to designate its own employee representative(s) or its contracted representative(s) with a certified public accounting firm who shall have the right to audit CONSULTANT's accounting procedures and internal controls of CONSULTANT's financial systems and to examine any cost, revenue, payment, claim, other records or supporting documentation resulting from any items set forth in this Agreement. If CONSULTANT fails to provide supporting documentation satisfactory to ANAHEIM for costs charged, then CONSULTANT agrees to reimburse ANAHEIM for those costs. Any such audit(s) shall be undertaken by ANAHEIM the City or its representative(s) at reasonable times and in conformance with generally accepted auditing standards. CONSULTANT Amtrak agrees to fully cooperate with any such audit(s). This right to audit shall extend during the length term of this Agreement and for a period of three (3) years, or longer if required by law, years following the date of final payment under a Work Orderthis Agreement. CONSULTANT Amtrak agrees to retain all necessary records/documentation for the entire length of this audit period. CONSULTANT In the event that an audit performed by or on behalf of the City indicates an adjustment to the costs reported or paid under this Agreement, or questions the allowability of an item of cost or expense, the City will be notified promptly submit to Amtrak a copy of the audit report and a statement regarding what items contained in the report the City agrees with. The information submitted to Amtrak will contain documentation sufficient to support any conclusion or adjustment proposed by the City. Within sixty (60) days after the receipt of the City’s notice, Amtrak will respond in writing to the City indicating whether or not it concurs with the City’s conclusion and will explain the nature and basis for any disagreement as to a disallowed item of cost or expense. Should Amtrak not request an extension of the time to formulate its response (approval of which shall not be unreasonably withheld, delayed or conditioned), Amtrak agrees that failure to submit a response within the sixty (60) day period constitutes agreement with any exception taken as a result proposed disallowance of an audit. Any adjustments and/or payments which must be made as a result item of cost or expense and authorizes the City to disallow any such audit or inspection of CONSULTANTitem. The City will review Amtrak’s invoices and/or records shall be made reply within thirty sixty (3060) days from presentation of ANAHEIM’s findings to CONSULTANT. If CONSULTANT fails to make such payment, CONSULTANT agrees to pay interest, accruing monthly, at a rate of ten percent (10%) per annum unless another section of this Agreement specifies a higher rate of interest, then the higher rate will prevail. Interest will be computed from after the date of written notification of exception(s) to the date CONSULTANT reimburses ANAHEIM for any exception(s)Amtrak’s response. If an audit inspection or examination the City is in accordance disagreement with this article discloses overcharges (any aspect of any nature) by CONSULTANT to ANAHEIM in excess of one percent (1%) of the value of that portion of the Agreement that was auditedAmtrak’s response, the actual cost Parties will expeditiously confer in an effort to resolve the issue(s) in dispute. If, however, no resolution is achieved, either Party may invoke the provisions of ANAHEIM's audit shall be reimbursed to ANAHEIM by CONSULTANT. CONSULTANT reserves the right to contest any exceptionsection 11 hereof.

Appears in 1 contract

Samples: Intergovernmental Agreement

FISCAL RECORDS AND AUDIT. CONSULTANT 4 CONTRACTOR shall keep records and invoices in connection with the work to be performed under this AgreementServices. CONSULTANT 5 CONTRACTOR shall use recognized accounting methods in preparing such 6 reports and invoices. ANAHEIM reserves the right to designate its own employee 7 representative(s) or its contracted representative(s) with a certified public accounting firm who 8 shall have the right to audit CONSULTANTCONTRACTOR's accounting procedures and internal controls of CONSULTANT9 CONTRACTOR's financial systems and to examine any cost, revenue, payment, claim, other 10 records or supporting documentation resulting from any items set forth in this Agreement. If CONSULTANT 11 CONTRACTOR fails to provide supporting documentation satisfactory to ANAHEIM for costs 000 X. XXXXXXX XXXXXXXXX, XXXXX 000 12 charged, then CONSULTANT CONTRACTOR agrees to reimburse ANAHEIM for those costs. Any such 13 audit(s) shall be undertaken by ANAHEIM or its representative(s) at reasonable times and in 14 conformance with generally accepted auditing standards. CONSULTANT CONTRACTOR agrees to fully 15 cooperate with any such audit(s). 16 This right to audit shall extend during the length of this Agreement and for a 17 period of three (3) years, or longer if required by law, following the date of final payment under a Work Order18 this Agreement. CONSULTANT CONTRACTOR agrees to retain all necessary records/documentation for the 19 entire length of this audit period. CONSULTANT 20 CONTRACTOR will be notified in writing of any exception taken as a result of 21 an audit. Any adjustments and/or payments which must be made as a result of any such audit or 22 inspection of CONSULTANTCONTRACTOR’s invoices and/or records shall be made within thirty (30) days 23 from presentation of ANAHEIM’s findings to CONSULTANTCONTRACTOR. If CONSULTANT CONTRACTOR fails to 24 make such payment, CONSULTANT CONTRACTOR agrees to pay interest, accruing monthly, at a rate of ten 25 percent (10%) per annum unless another section of this Agreement specifies a higher rate of 26 interest, then the higher rate will prevail. Interest will be computed from the date of written 27 notification of exception(s) to the date CONSULTANT CONTRACTOR reimburses ANAHEIM for any 28 exception(s). If an audit inspection or examination in accordance with this article discloses 1 overcharges (of any nature) by CONSULTANT CONTRACTOR to ANAHEIM in excess of one percent (1%) of 2 the value of that portion of the Agreement that was audited, the actual cost of ANAHEIM's audit 3 shall be reimbursed to ANAHEIM by CONSULTANT. CONSULTANT reserves the right to contest any exceptionCONTRACTOR.

Appears in 1 contract

Samples: Environmental Waste Management Services Agreement

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