Common use of RECORDS AVAILABLE FOR AUDIT AND INSPECTION Clause in Contracts

RECORDS AVAILABLE FOR AUDIT AND INSPECTION. 5.1 Implementer shall maintain, and shall cause each of its Implementer Subcontractors to maintain, accurate and complete records, books, documents, payroll papers, accounting records and materials, invoices, receipts, copies of contracts Program Implement Subcontractors, and other evidence pertaining to the costs it incurs under this Agreement and all transactions related hereto, or to the costs it incurs under this Agreement (collectively, and whether in tangible, digital or electronic form, the “Records”), under Policy Manual and with Generally Accepted Accounting Principles consistently applied, and to be retained by Implementer and its Implementer Subcontractors throughout the term of this Agreement and for six (6) years following its termination or expiration. 5.2 Implementer shall make, and shall cause each of its Implementer Subcontractors to make all such Records available upon request at reasonable times and from time to time during the Term of Agreement and for six (6) years thereafter for inspection by Contract Administrator, Administrator, Commission, Compliance Agent, Program Evaluator, Fiscal Agent or any of their respective authorized representatives or agents. 5.3 If any litigation, claim, or audit begins on or before six (6) years after this Agreement terminates, the Records shall be retained by the Implementer and its Implementer Subcontractors until all litigation, claims or audit involving the Records have been resolved. 5.4 Implementer shall include in all contracts with Implementer Subcontractors a provision that states that the records of the Implementer Subcontractors related to the Work shall be subject to audit and examination during the Term of Agreement and for a period of six (6) years after final payment under the relevant subcontracts. 5.5 The provisions in this Article shall also apply upon expiration or termination of this Agreement. 5.6 Implementer shall notify Administrator and the Commission in writing of any planned conversion or destruction of any Records at least ninety (90) days prior to such action, but Implementer may not convert or destroy any Records it is required to maintain and retain. Any charges for copies provided by Implementer of books, papers, records, computer files, computer printouts or other Records pursuant to this Article shall not exceed the actual cost thereof to Implementer and shall be reimbursed by Fiscal Agent. Implementer shall cooperate fully, and shall cause each of its Implementer Subcontractors to cooperate fully, in all inspections and audits, including without limitation by making their respective personnel available for questioning by the auditor(s). 5.7 Implementer must maintain sufficient segregation of Records from other projects or Programs. Implementer’s obligations pursuant to this Article shall survive termination or expiration of this Agreement for a period of six (6) years after the termination or expiration of this Agreement. This Article shall survive the term of this Agreement. 5.8 If, pursuant to this Article, Implementer receives a request for Records during the Term of Agreement, for six (6) years thereafter, or after all litigation, claims, or audits, whichever is later, Implementer shall provide the request to Administrator with a proposed not-to-exceed budget for responding to the request for Records for Administrator review and approval. Implementer may invoice Administrator for costs associated with responding to a request for Records during the Term of Agreement as long as Implementer costs do not exceed the Total Contract Budget Amount approved by Administrator. The budget for responding to a request for Records shall not increase the Total Contract Budget Amount. 5.9 Implementer shall provide financial records listed above upon request no later than five (5) Business Days after request

Appears in 2 contracts

Samples: Professional Services, Professional Services

AutoNDA by SimpleDocs

RECORDS AVAILABLE FOR AUDIT AND INSPECTION. 5.1 Implementer shall maintain, and shall cause each of its Implementer Subcontractors to maintain, accurate and complete records, books, documents, payroll papers, accounting records and materials, invoices, receipts, copies of contracts with Program Implement Implementer Subcontractors, and other evidence pertaining to the costs it incurs under this Agreement and all transactions related hereto, or to the costs it incurs under this Agreement (collectively, and whether in tangible, digital or electronic form, the “Records”), under Policy Manual and with Generally Accepted Accounting Principles consistently applied, and to be retained by Implementer and its Implementer Subcontractors throughout the term of this Agreement and for six (6) years six following its termination or expiration. 5.2 Implementer shall make, make and shall cause each of its Implementer Subcontractors to make all such Records available upon request at reasonable times and from time to time during the Term of Agreement and for six (6) years thereafter for inspection by Contract Administrator, Administrator, Commission, Compliance Agent, Program Evaluator, Fiscal Agent or any of their respective authorized representatives or agents. 5.3 If any litigation, claim, or audit begins on or before six (6) years after this Agreement terminates, the Records shall be retained by the Implementer and its Implementer Subcontractors until all litigation, claims or audit involving the Records have been resolved. 5.4 Implementer shall include in all contracts with its Implementer Subcontractors a provision that states that the records of the Implementer Subcontractors related to the Work shall be subject to audit and examination during the Term of Agreement and for a period of six (6) years after final payment under the relevant subcontracts. 5.5 The provisions in this Article shall also apply upon expiration or termination of this Agreement. 5.6 Implementer shall notify Administrator and the Commission in writing of any planned conversion or destruction of any Records at least ninety (90) days prior to such action, but Implementer may not convert or destroy any Records it is required to maintain and retain. Any charges for copies provided by Implementer of books, papers, records, computer files, computer printouts or other Records pursuant to this Article shall not exceed the actual cost thereof to Implementer and shall be reimbursed by Fiscal Agent. Implementer shall cooperate fully, fully and shall cause each of its Implementer Subcontractors to cooperate fully, in all inspections and audits, including without limitation by making their respective personnel available for questioning by the auditor(s). 5.7 Implementer must maintain sufficient segregation of Records from other projects or Programs. Implementer’s obligations pursuant to this Article shall survive termination or expiration of this Agreement for a period of six (6) years after the termination or expiration of this Agreement. This Article shall survive the term of this Agreement. 5.8 If, pursuant to this Article, Implementer receives a request for Records during the Term of Agreement, for six (6) years thereafter, or after all litigation, claims, or audits, whichever is later, Implementer shall provide the request to Administrator with a proposed not-to-exceed budget for responding to the request for Records for Administrator review and approval. Implementer may invoice Administrator for costs associated with responding to a request for Records during the Term of Agreement as long as if Implementer costs do not exceed the Total Contract Budget Amount approved by Administrator. The budget for responding to a request for Records shall not increase the Total Contract Budget Amount. 5.9 Implementer shall provide financial records listed above upon request no later than five (5) Business Days after request.

Appears in 2 contracts

Samples: Professional Services, Professional Services

RECORDS AVAILABLE FOR AUDIT AND INSPECTION. 5.1 ‌ Program Implementer shall maintain, and shall cause each of its Implementer Subcontractors to maintain, accurate and complete records, maintain all books, documents, payroll papers, accounting records and materials, invoices, receipts, copies of contracts Program Implement Subcontractors, and other evidence pertaining to the costs it incurs under this Agreement and all transactions related heretoAgreement, or to the costs it incurs under this Agreement (collectively, and whether in tangible, digital or electronic form, the “Records”), under accordance with Focus on Energy Policy Manual and with Generally Accepted Accounting Principles consistently applied, and to be retained by Implementer and its Implementer Subcontractors throughout the term of this Agreement and for six (6) years following its termination or expiration. 5.2 Implementer shall make, and shall cause each of its Implementer Subcontractors to make all such Records them available upon request at reasonable times and from time to time during the Term of Agreement and for six (6) years thereafter for inspection by Contract Administrator, Program Administrator, Commission, Compliance Agent, Program Evaluator, Fiscal Agent or any of their respective authorized representatives or agents. 5.3 representatives. If any litigation, claim, or audit begins on or before six (6) years after this Agreement terminates, the Records records shall be retained by the Implementer and its Implementer Subcontractors until all litigation, claims or audit involving the Records records have been resolved. 5.4 . Program Implementer shall include in all contracts with Program Implementer Subcontractors a provision that states that the records of the Program Implementer Subcontractors related to the Work shall be subject to audit and examination during the Term of Agreement and for a period of six (6) years after final payment under the relevant subcontracts. 5.5 . The provisions in this Article shall also apply upon in the event of expiration or termination of this Agreement. 5.6 . Program Implementer shall notify Program Administrator and the Commission in writing of any planned conversion or destruction of any Records these materials at least ninety (90) days prior to such action, but Implementer may not convert or destroy any Records it is required to maintain and retain. Any charges for copies provided by Program Implementer of books, papers, records, computer files, files or computer printouts or other Records pursuant to this Article shall not exceed the actual cost thereof to Program Implementer and shall be reimbursed by Fiscal Agent. The minimum acceptable financial records for Work under this Agreement consist of: i. Documentation of employee and Program Implementer Subcontractor employee time in quarter hour increments. The time detail documentation shall consist of actual time spent on the Work in quarter hour increments; description of the Work; date the Work was performed; and name and labor classification of the employee and all Program Implementer Subcontractor employees, and approved fully loaded labor rate for each employee and Program Implementer Subcontractor employee. Program Implementer shall cooperate fullyprovide the time detail documentation upon request no later than five (5) Business Days after request. ii. Documentation of all supplies, travel, marketing/outreach, equipment and other direct costs supporting any charges to these budget categories. Documentation shall include, but is not limited to, receipts, mileage records consistent with IRS requirements, and shall cause each of its Implementer Subcontractors time detail documentation for any labor. iii. Inventory records, receipts and supporting documentation for allowable equipment purchased to cooperate fully, in all inspections carry out the project scope and audits, including without limitation by making their respective personnel available for questioning the Work. iv. Documentation required by the auditor(s)approved Focus on Energy Policy Manual in effect at the time the Work was performed, as amended from time to time. 5.7 v. Any other records that support charges to project funds. Program Implementer shall provide financial records listed above upon request no later than five (5) Business Days after request. Program Implementer must maintain sufficient segregation of Records project accounting records from other projects or Programsprograms. Program Implementer’s obligations pursuant to this Article shall survive termination or expiration of this Agreement for a period of six (6) years after the termination or expiration of this Agreement. This Article shall survive the term of this Agreement. 5.8 . If, pursuant to this ArticleArticle 10, Program Implementer receives a request for Records records during the Term of Agreement, for six (6) years thereafter, or after all litigation, claims, or audits, whichever is later, Program Implementer shall provide the request to Program Administrator with a proposed not-to-exceed budget for responding to the request for Records records for Program Administrator review and approval. Program Implementer may invoice Program Administrator for costs associated with responding to a request for Records records during the Term of Agreement as long as Program Implementer costs do not exceed the Total Contract Budget Amount approved by Program Administrator. The budget for responding to a request for Records records shall not increase the Total Contract Budget Amount. 5.9 Implementer shall provide financial records listed above upon request no later than five (5) Business Days after request

Appears in 1 contract

Samples: Program Implementation Agreement

RECORDS AVAILABLE FOR AUDIT AND INSPECTION. 5.1 Implementer Vendor shall maintain, and shall cause each of its Implementer Subcontractors to maintain, accurate and complete records, books, documents, payroll papers, accounting records and materials, invoices, receipts, copies of contracts Program Implement Subcontractors, and other evidence pertaining to the costs it incurs under this Agreement and all transactions related hereto, or to the costs it incurs under this Agreement (collectively, and whether in tangible, digital or electronic form, the “Records”), under Policy Manual and with Generally Accepted Accounting Principles consistently applied, and to be retained by Implementer and its Implementer Subcontractors throughout the term of this Agreement and for six (6) years following its termination or expiration. 5.2 Implementer . Vendor shall make, and shall cause each of its Implementer Subcontractors to make all such Records available upon request at reasonable times and from time to time during the Term of Agreement and for six (6) years thereafter for inspection by Contract Administrator, Administrator, the Administrator or Commission, Compliance Agent, Program Evaluator, Fiscal Agent or any of their respective authorized representatives or agents. 5.3 . If any litigation, claim, litigation or audit claim begins on or before six (6) years after this Agreement terminates, the Records shall be retained by the Implementer and its Implementer Subcontractors Vendor until all litigation, litigation or claims or audit involving the Records have been resolved. 5.4 Implementer shall include in all contracts with Implementer Subcontractors a provision that states that the records of the Implementer Subcontractors related to the Work shall be subject to audit and examination during the Term of Agreement and for a period of six (6) years after final payment under the relevant subcontracts. 5.5 . The provisions in this Article shall also apply upon expiration or termination of this Agreement. 5.6 Implementer shall notify Administrator and the Commission in writing of any planned conversion or destruction of any Records at least ninety (90) days prior to such action, but Implementer may not convert or destroy any Records it is required to maintain and retain. Any charges for copies provided by Implementer of books, papers, records, computer files, computer printouts or other Records pursuant to this Article shall not exceed the actual cost thereof to Implementer and shall be reimbursed by Fiscal Agent. Implementer shall cooperate fully, and shall cause each of its Implementer Subcontractors to cooperate fully, in all inspections and audits, including without limitation by making their respective personnel available for questioning by the auditor(s). 5.7 Implementer Vendor must maintain sufficient segregation of Records from other projects or Programs. Implementer’s These obligations pursuant to this Article shall survive termination or expiration of this Agreement for a period of six (6) years after the termination or expiration of this Agreement. This Article shall survive the term of this Agreement. 5.8 . If, pursuant to this Article, Implementer Vendor receives a request for Records during the Term of Agreement, for six (6) years thereafter, or after all litigation, litigation or claims, or audits, whichever is later, Implementer Vendor shall provide the request to Administrator with a proposed not-to-exceed budget for responding to the request for Records for Administrator review and approval. Implementer Vendor may invoice Administrator for costs associated with responding to a request for Records during the Term of Agreement as long as Implementer if these costs do not exceed the approved Total Contract Budget Amount approved by AdministratorAmount. The budget for responding to a request for Records shall not increase the Total Contract Budget Amount. 5.9 Implementer . Vendor shall provide financial records listed above upon request no later than five (5) Business Days after request.

Appears in 1 contract

Samples: Professional Services Agreement

AutoNDA by SimpleDocs

RECORDS AVAILABLE FOR AUDIT AND INSPECTION. 5.1 Implementer shall maintain, and shall cause each of its Implementer Subcontractors to maintain, accurate and complete records, books, documents, payroll papers, accounting records and materials, invoices, receipts, copies of contracts with Program Implement Implementer Subcontractors, and other evidence pertaining to the costs it incurs under this Agreement and all transactions related hereto, or to the costs it incurs under this Agreement (collectively, and whether in tangible, digital or electronic form, the “Records”), under Policy Manual and with Generally Accepted Accounting Principles consistently applied, and to be retained by Implementer and its Implementer Subcontractors throughout the term of this Agreement and for six (6) years following its termination or expiration. 5.2 Implementer shall make, make and shall cause each of its Implementer Subcontractors to make all such Records available upon request at reasonable times and from time to time during the Term of Agreement and for six (6) years thereafter for inspection by Contract Administrator, Administrator, Commission, Compliance Agent, Program Evaluator, Fiscal Agent or any of their respective authorized representatives or agents. 5.3 If any litigation, claim, or audit begins on or before six (6) years after this Agreement terminates, the Records shall be retained by the Implementer and its Implementer Subcontractors until all litigation, claims or audit involving the Records have been resolved. 5.4 Implementer shall include in all contracts with its Implementer Subcontractors a provision that states that the records of the Implementer Subcontractors related to the Work shall be subject to audit and examination during the Term of Agreement and for a period of six (6) years after final payment under the relevant subcontracts. 5.5 The provisions in this Article shall also apply upon expiration or termination of this Agreement. 5.6 Implementer shall notify Administrator and the Commission in writing of any planned conversion or destruction of any Records at least ninety (90) days prior to such action, but Implementer may not convert or destroy any Records it is required to maintain and retain. Any charges for copies provided by Implementer of books, papers, records, computer files, computer printouts or other Records pursuant to this Article shall not exceed the actual cost thereof to Implementer and shall be reimbursed by Fiscal Agent. Implementer shall cooperate fully, fully and shall cause each of its Implementer Subcontractors to cooperate fully, in all inspections and audits, including without limitation by making their respective personnel available for questioning by the auditor(s). 5.7 Implementer must maintain sufficient segregation of Records from other projects or Programs. Implementer’s obligations pursuant to this Article shall survive termination or expiration of this Agreement for a period of six (6) years after the termination or expiration of this Agreement. This Article shall survive the term of this Agreement. 5.8 If, pursuant to this Article, Implementer receives a request for Records during the Term of Agreement, for six (6) years thereafter, or after all litigation, claims, or audits, whichever is later, Implementer shall provide the request to Administrator with a proposed not-to-exceed budget for responding to the request for Records for Administrator review and approval. Implementer may invoice Administrator for costs associated with responding to a request for Records during the Term of Agreement as long as if Implementer costs do not exceed the Total Contract Budget Amount approved by Administrator. The budget for responding to a request for Records shall not increase the Total Contract Budget Amount. 5.9 Implementer shall provide financial records listed above upon request no later than five (5) Business Days after request.

Appears in 1 contract

Samples: Professional Services

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!