Common use of RECORDS RETENTION AND AUDITS Clause in Contracts

RECORDS RETENTION AND AUDITS. The Consultant, its staff and its subconsultant(s) if any, agree to the following: a. Maintaining all source documents, books, and records connected with their performance of this Agreement for a minimum of three (3) years from the date that SCAG makes final payment to the Consultant or, if applicable based on the funding source, until audit resolution is achieved for each annual Comprehensive Budget Agreement (between SCAG and Caltrans), whichever is later, and all other related, pending matters are closed. Notwithstanding the foregoing, records relating to any and all audits or litigation relevant to this Agreement shall be retained for five (5) years by Consultant or Subconsultant after the conclusion or resolution of the matter or the date an audit resolution is achieved, whichever is later, and shall make all supporting information available upon request for inspection and audit by representatives of SCAG, the Department, Caltrans the California State Auditor, or other authorized government agency. Copies shall be made and furnished by SCAG upon request at no cost to SCAG. b. Maintaining all source documents, books, and records connected with their performance of this Agreement for a minimum of four (4) years following the close of SCAG’s Fiscal Year. c. Establishing and maintaining, an accounting system and reports conforming to Generally Accepted Accounting Principles (GAAP) to support invoices which segregate and accumulate incurred costs of the applicable Project Number(s) by line item and produce Progress Reports which clearly identify reimbursable costs and other expenditures related to such Project Number(s). Further, Consultant, its staff and its subconsultant(s) if any, agrees to include a similar right of SCAG to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896. . Consultant shall maintain documentation of its competitive bid process with respect to any procurement of sub-consultants pursuant to Section 4.b. d. Upon request, at any time during normal business hours and as often as SCAG, State of California Department of Transportation (Caltrans), Bureau of State Audits, or other state and federal agencies or any duly authorized representative may deem necessary, making available for examination all of its records with respect to all matters covered by this Agreement for purposes of audit, examination, or to make copies or transcripts of such records, including, but not limited to, contracts, invoices, payrolls (including time sheets or timecards), personnel records, conditions of employment, compliance with this Agreement or requirements of state funding sources and other records relating to all matters covered by this Agreement. Such records and access to the facilities and premises of the Consultant its staff and subconsultant(s) if any, shall be made available during the period of performance of this Agreement, and for three (3) years from the date that SCAG makes final payment to the Consultant or until audit resolution is achieved for each annual Comprehensive Budget Agreement (between SCAG and Caltrans), whichever is later, and all other related, pending matters are closed. e. Upon request, at any time during normal business hours and as often as SCAG, The State Controller, County Auditors (in SCAG region), or other government agencies or any duly authorized representative may deem necessary, the Consultant its staff and subconsultant(s) if any, shall make available for examination all of its records with respect to all matters covered by this Agreement for purposes of audit, examination, or to make copies or transcripts of such records, including, but not limited to, contracts, invoices, payrolls, personnel records, conditions of employment and other records relating to all matters covered by this Agreement. Such records and access to the facilities and premises of the Consultant shall be made available during the period of performance of this Agreement, and for a minimum of four (4) years following the close of SCAG’s Fiscal Year. f. Permitting SCAG, Caltrans or any other state or federal agency access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with statutes or program guidelines that are relevant to Consultant’s performance of this Agreement. g. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period, all records must be retained by the Consultant its staff and subconsultant(s) if any, until completion of the action and resolution of all issues which arise from it. Records relating to any and all audits or litigation relevant to this Agreement shall be retained for five (5) years after the conclusion or resolution of the matter. h. The Consultant agrees and shall require that all of its agreements with Subconsultant(s) contain provisions requiring adherence to this section in its entirety.

Appears in 1 contract

Samples: Consulting Agreement

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RECORDS RETENTION AND AUDITS. a. The ConsultantSub-recipient shall maintain, and shall require that its staff and its subconsultant(s) if anyContractor maintain, agree to the following: a. Maintaining all source documents, books, and records connected with their performance of work initiated under this Agreement AGREEMENT and each annual SRTA OWP for a minimum of three (3) years from the date that SCAG makes of final payment to the Consultant orSub-recipient, if applicable based on the funding source, or until audit resolution is achieved for each annual Comprehensive Budget Agreement (between SCAG and Caltrans), whichever is later, and all other related, pending matters are closed. Notwithstanding the foregoing, records relating to any and all audits or litigation relevant to this Agreement shall be retained for five (5) years by Consultant or Subconsultant after the conclusion or resolution of the matter or the date an audit resolution is achievedSRTA OWP, whichever is later, and shall make all supporting information available upon request for inspection and audit by representatives of SCAGSRTA, the Departmentstate, Caltrans the California Bureau of State AuditorAudits, or other authorized the federal government agencyupon request. Copies shall will be made and furnished by SCAG SRTA upon request request, at no cost to SCAGSRTA. b. Maintaining all source documents, booksThe Sub-recipient shall establish and maintain, and records connected with their performance of this Agreement for a minimum of four (4) years following the close of SCAG’s Fiscal Year. c. Establishing shall require that its Contractor establish and maintainingmaintain, an accounting system and reports conforming to Generally Accepted Accounting Principles (GAAP) to support invoices Invoices which segregate and accumulate incurred the costs of the applicable Project Number(s) work elements by line item (i.e. direct labor, other direct costs, subcontractors, etc.) and produce Progress Reports which clearly identify reimbursable enable the determination of incurred costs at interim points of completion, and other expenditures related to such Project Number(s). Further, Consultant, its staff and its subconsultant(s) if any, provide support for reimbursement payment vouchers or invoices. c. The Sub-recipient agrees to include all costs associated with this AGREEMENT and any amendments thereto to be examined in the annual audit and in the schedule of activities to be examined under a similar right single audit prepared by the Sub-recipient in compliance with Office of SCAG to audit records Management and interview staff in any subcontract related to performance Budget Circular X- 000. d. For the purpose of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR determining compliance with Title 2, California Government Code, Chapter 6.5, Article 2, Section 1896. . Consultant 8546.7, Sub-recipient and its contractors shall each maintain documentation of its competitive bid process with respect to any procurement of sub-consultants pursuant to Section 4.b. d. Upon request, at any time during normal business hours and as often as SCAG, State of California Department of Transportation (Caltrans), Bureau of State Audits, or other state and federal agencies or any duly authorized representative may deem necessary, making make available for examination inspection all of its records with respect books, documents, papers, accounting records, and other evidence pertaining to all matters covered by this Agreement for purposes of audit, examination, or to make copies or transcripts the performance of such recordscontracts and/or agreements, including, but not limited to, contracts, invoices, payrolls (including time sheets or timecards), personnel records, conditions the costs of employment, compliance with this Agreement or requirements of state funding sources and other records relating to all matters covered by this Agreementadministering those various contracts and/or agreements. Such records and access to the facilities and premises All of the Consultant its staff and subconsultant(s) if any, above referenced parties shall be made make such contracts and/or agreements available at their respective offices at all reasonable times during the entire period of performance of this Agreement, the contract duration and for three (3) years from the date that SCAG makes of final payment to the Consultant or until audit resolution is achieved for each annual Comprehensive Budget Agreement (between SCAG and Caltrans)SRTA Overall Work Program Agreement, whichever is later. The State, and all other relatedthe California State Auditor, pending matters are closed. e. Upon request, at any time during normal business hours and as often as SCAG, The State Controller, County Auditors (in SCAG region), or other government agencies or any duly authorized representative may deem necessary, of the Consultant its staff and subconsultant(s) if anyState or the United States Department of Transportation, shall make available for examination all of its records with respect to all matters covered by this Agreement for purposes of audit, examination, or to make copies or transcripts of such records, including, but not limited to, contracts, invoices, payrolls, personnel records, conditions of employment and other records relating to all matters covered by this Agreement. Such records and each have access to the facilities and premises of the Consultant shall be made available during the period of performance of this Agreement, and for a minimum of four (4) years following the close of SCAG’s Fiscal Year. f. Permitting SCAG, Caltrans or any other state or federal agency access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accountsand documents that are pertinent to the fulfillment of the contracts/ and/or agreements for audits, examinations, excerpts, and other material that may be relevant to transactions, and Consultant and its subconsultants shall furnish copies thereof if requested. e. Neither the pendency of a matter under investigation for dispute nor its consideration by SRTA or the purpose of determining compliance state will excuse the Sub- recipient from full and timely performance in accordance with statutes or program guidelines that are relevant to Consultant’s performance the terms of this AgreementAGREEMENT. g. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period, all records must be retained by the Consultant f. The Sub-recipient agrees to furnish documentation to SRTA to support this requirement that its staff and subconsultant(s) if any, until completion of the action and resolution of all issues which arise from it. Records relating to any and all audits or litigation relevant to this Agreement shall be retained for five (5) years after the conclusion or resolution of the matter. h. The Consultant agrees and shall require that all of its agreements Agreements with Subconsultant(s) a Contractor contain provisions requiring adherence to this section Section in its entirety.

Appears in 1 contract

Samples: Sub Recipient Cooperative Agreement

RECORDS RETENTION AND AUDITS. Is the project 100% TDA funded? If yes, then delete following clause. If the project is not 100% TDA funded keep/use the clause. a. The Consultant, its staff Consultant and its subconsultant(sSubconsultant(s) if any, agree to the following: a. Maintaining shall maintain all source documents, books, and records connected with their performance of this Agreement for a minimum of three four (34) years from the date that SCAG makes final payment to the Consultant or, if applicable based on the funding source, or until audit resolution is achieved for each annual Comprehensive Budget OWP Agreement (between SCAG and Caltrans), whichever is later, and all other related, pending matters are closed. Notwithstanding the foregoing, records relating to any and all audits or litigation relevant to this Agreement shall be retained for five (5) years by Consultant or Subconsultant after the conclusion or resolution of the matter or the date an audit resolution is achieved, whichever is later, and shall make all supporting information available upon request for inspection and audit by representatives of SCAG, the Department, Caltrans the California State Auditor, or other authorized government agency. Copies shall be made and furnished by SCAG upon request at no cost to SCAG. b. Maintaining The Consultant and its Subconsultant(s) shall maintain all source documents, books, and records connected with their performance of this Agreement for a minimum of four (4) years following the close of SCAG’s Fiscal Year. c. Establishing Consultant shall establish and maintainingmaintain, an accounting system and reports conforming to Generally Accepted Accounting Principles (GAAP) to support invoices which segregate and accumulate incurred the costs of the applicable Project Number(s) by line item and produce Progress Quarterly Reports which clearly identify reimbursable costs and other expenditures related to such Project Number(s). Further, Consultant, its staff and its subconsultant(s) if any, agrees to include a similar right of SCAG to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896. . Consultant shall maintain documentation of its competitive bid process with respect to any procurement of sub-consultants pursuant to Section 4.b. d. Upon request, at any time during normal business hours and as often as SCAG, State of California Department of Transportation (Caltrans), Bureau of State Audits, or other state State and federal Federal agencies or any duly authorized representative may deem necessary, making the Consultant shall make available for examination all of its records with respect to all matters covered by this Agreement for purposes of audit, examination, or to make copies or transcripts of such records, including, but not limited to, contracts, invoices, payrolls (including time sheets or timecards), personnel records, conditions of employment, compliance with this Agreement or requirements of state funding sources employment and other records relating to all matters covered by this Agreement. Such records and access to the facilities and premises of the Consultant its staff and subconsultant(s) if any, shall be made available during the period of performance of this Agreement, and for three four (34) years from the date that SCAG makes final payment to the Consultant or until audit resolution is achieved for each annual Comprehensive Budget OWP Agreement (between SCAG and Caltrans), whichever is later, and all other related, pending matters are closed. e. Upon request, at any time during normal business hours and as often as SCAG, The State Controller, County Auditors (in SCAG region), or other government agencies or any duly authorized representative may deem necessary, the Consultant its staff and subconsultant(s) if any, shall make available for examination all of its records with respect to all matters covered by this Agreement for purposes of audit, examination, or to make copies or transcripts of such records, including, but not limited to, contracts, invoices, payrolls, personnel records, conditions of employment and other records relating to all matters covered by this Agreement. Such records and access to the facilities and premises of the Consultant shall be made available during the period of performance of this Agreement, and for a minimum of four (4) years following the close of SCAG’s Fiscal Year. f. Permitting SCAG, Caltrans or any other state or federal agency access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with statutes or program guidelines that are relevant to Consultant’s performance of this Agreement. g. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period, all records must be retained by the Consultant its staff and subconsultant(s) if any, until completion of the action and resolution of all issues which arise from it. Records relating to any and all audits or litigation relevant to this Agreement shall be retained for five (5) years after the conclusion or resolution of the matter. h. The Consultant agrees and shall require that all of its agreements with Subconsultant(s) contain provisions requiring adherence to this section in its entirety.

Appears in 1 contract

Samples: Consulting Agreement

RECORDS RETENTION AND AUDITS. The Consultant, its staff and its subconsultant(s) if any, agree to the following: a. Maintaining all source documents, books, and records connected with their performance of this Agreement for a minimum of three (3) years from the date that SCAG makes final payment to the Consultant or, if applicable based on the funding source, until audit resolution is achieved for each annual Comprehensive Budget Agreement (between SCAG and Caltrans), whichever is later, and all other related, pending matters are closed. Notwithstanding the foregoing, records relating to any and all audits or litigation relevant to this Agreement shall be retained for five (5) years by Consultant or Subconsultant after the conclusion or resolution of the matter or the date an audit resolution is achieved, whichever is later, and shall make all supporting information available upon request for inspection and audit by representatives of SCAG, the DepartmentCaltrans, Caltrans the California State Auditor, or other authorized government agency. Copies shall be made and furnished by SCAG upon request at no cost to SCAG. b. Maintaining all source documents, books, and records connected with their performance of this Agreement for a minimum of four (4) years following the close of SCAG’s Fiscal Year. c. Establishing and maintaining, an accounting system and reports conforming to Generally Accepted Accounting Principles (GAAP) to support invoices which segregate and accumulate incurred costs of the applicable Project Number(s) by line item and produce Progress Reports which clearly identify reimbursable costs and other expenditures related to such Project Number(s). Further, Consultant, its staff and its subconsultant(s) if any, agrees to include a similar right of SCAG to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896. . Consultant shall maintain documentation of its competitive bid process with respect to any procurement of sub-consultants pursuant to Section 4.b. d. Upon request, at any time during normal business hours and as often as SCAG, State of California Department of Transportation (Caltrans), Bureau of State Audits, or other state and federal agencies or any duly authorized representative may deem necessary, making available for examination all of its records with respect to all matters covered by this Agreement for purposes of audit, examination, or to make copies or transcripts of such records, including, but not limited to, contracts, invoices, payrolls (including time sheets or timecards), personnel records, conditions of employment, compliance with this Agreement or requirements of state funding sources and other records relating to all matters covered by this Agreement. Such records and access to the facilities and premises of the Consultant its staff and subconsultant(s) if any, shall be made available during the period of performance of this Agreement, and for three (3) years from the date that SCAG makes final payment to the Consultant or until audit resolution is achieved for each annual Comprehensive Budget Agreement (between SCAG and Caltrans), whichever is later, and all other related, pending matters are closed. e. Upon request, at any time during normal business hours and as often as SCAG, The State Controller, County Auditors (in SCAG region), or other government agencies or any duly authorized representative may deem necessary, the Consultant its staff and subconsultant(s) if any, shall make available for examination all of its records with respect to all matters covered by this Agreement for purposes of audit, examination, or to make copies or transcripts of such records, including, but not limited to, contracts, invoices, payrolls, personnel records, conditions of employment and other records relating to all matters covered by this Agreement. Such records and access to the facilities and premises of the Consultant shall be made available during the period of performance of this Agreement, and for a minimum of four (4) years following the close of SCAG’s Fiscal Year. f. Permitting SCAG, Caltrans or any other state or federal agency access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with statutes or program guidelines that are relevant to Consultant’s performance of this Agreement. g. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period, all records must be retained by the Consultant its staff and subconsultant(s) if any, until completion of the action and resolution of all issues which arise from it. Records relating to any and all audits or litigation relevant to this Agreement shall be retained for five (5) years after the conclusion or resolution of the matter. h. The Consultant agrees and shall require that all of its agreements with Subconsultant(s) contain provisions requiring adherence to this section in its entirety.

Appears in 1 contract

Samples: Consulting Agreement

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RECORDS RETENTION AND AUDITS. Is the project 100% TDA funded? If yes, then delete following clause. If the project is not 100% TDA funded keep/use the clause. a. The Consultant, its staff Consultant and its subconsultant(sSubconsultant(s) if any, agree to the following: a. Maintaining shall maintain all source documents, books, and records connected with their performance of this Agreement for a minimum of three (3) years from the date that SCAG makes final payment to the Consultant or, if applicable based on the funding source, or until audit resolution is achieved for each annual Comprehensive Budget OWP Agreement (between SCAG and Caltrans), whichever is later, and all other related, pending matters are closed. Notwithstanding the foregoing, records relating to any and all audits or litigation relevant to this Agreement shall be retained for five (5) years by Consultant or Subconsultant after the conclusion or resolution of the matter or the date an audit resolution is achieved, whichever is later, and shall make all supporting information available upon request for inspection and audit by representatives of SCAG, the Department, Caltrans the California State Auditor, or other authorized government agency. Copies shall be made and furnished by SCAG upon request at no cost to SCAG. b. Maintaining The Consultant and its Subconsultant(s) shall maintain all source documents, books, and records connected with their performance of this Agreement for a minimum of four (4) years following the close of SCAG’s Fiscal Year. c. Establishing Consultant shall establish and maintainingmaintain, an accounting system and reports conforming to Generally Accepted Accounting Principles (GAAP) to support invoices which segregate and accumulate incurred the costs of the applicable Project Number(s) by line item and produce Progress Quarterly Reports which clearly identify reimbursable costs and other expenditures related to such Project Number(s). Further, Consultant, its staff and its subconsultant(s) if any, agrees to include a similar right of SCAG to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896. . Consultant shall maintain documentation of its competitive bid process with respect to any procurement of sub-consultants pursuant to Section 4.b. d. Upon request, at any time during normal business hours and as often as SCAG, State of California Department of Transportation (Caltrans), Bureau of State Audits, or other state State and federal Federal agencies or any duly authorized representative may deem necessary, making the Consultant shall make available for examination all of its records with respect to all matters covered by this Agreement for purposes of audit, examination, or to make copies or transcripts of such records, including, but not limited to, contracts, invoices, payrolls (including time sheets or timecards), personnel records, conditions of employment, compliance with this Agreement or requirements of state funding sources employment and other records relating to all matters covered by this Agreement. Such records and access to the facilities and premises of the Consultant its staff and subconsultant(s) if any, shall be made available during the period of performance of this Agreement, and for three (3) years from the date that SCAG makes final payment to the Consultant or until audit resolution is achieved for each annual Comprehensive Budget OWP Agreement (between SCAG and Caltrans), whichever is later, and all other related, pending matters are closed. e. Upon request, at any time during normal business hours and as often as SCAG, The State Controller, County Auditors (in SCAG region), or other government agencies or any duly authorized representative may deem necessary, the Consultant its staff and subconsultant(s) if any, shall make available for examination all of its records with respect to all matters covered by this Agreement for purposes of audit, examination, or to make copies or transcripts of such records, including, but not limited to, contracts, invoices, payrolls, personnel records, conditions of employment and other records relating to all matters covered by this Agreement. Such records and access to the facilities and premises of the Consultant shall be made available during the period of performance of this Agreement, and for a minimum of four (4) years following the close of SCAG’s Fiscal Year. f. Permitting SCAG, Caltrans or any other state or federal agency access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with statutes or program guidelines that are relevant to Consultant’s performance of this Agreement. g. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period, all records must be retained by the Consultant its staff and subconsultant(s) if any, until completion of the action and resolution of all issues which arise from it. Records relating to any and all audits or litigation relevant to this Agreement shall be retained for five (5) years after the conclusion or resolution of the matter. h. The Consultant agrees and shall require that all of its agreements with Subconsultant(s) contain provisions requiring adherence to this section in its entirety.

Appears in 1 contract

Samples: Consulting Agreement

RECORDS RETENTION AND AUDITS. The Consultanta. DHCL shall maintain, and shall require that its staff and its subconsultant(s) if anycontractor maintain, agree to the following: a. Maintaining all source documents, books, and records connected with their performance of work initiated under this Agreement AGREEMENT and each annual SRTA audit for a minimum of three (3) years from the date that SCAG makes of final payment to the Consultant orDHCL, if applicable based on the funding source, or until audit resolution is achieved for each annual Comprehensive Budget Agreement (between SCAG and Caltrans), whichever is later, and all other related, pending matters are closed. Notwithstanding the foregoing, records relating to any and all audits or litigation relevant to this Agreement shall be retained for five (5) years by Consultant or Subconsultant after the conclusion or resolution of the matter or the date an audit resolution is achieved, whichever is later, and shall make all supporting information available upon request for inspection and audit by representatives of SCAGSRTA, the Departmentstate, Caltrans the California Bureau of State AuditorAudits, or other authorized the federal government agency(if applicable) upon request. Copies shall will be made and furnished by SCAG DHCL upon request request, at no cost to SCAGSRTA. b. Maintaining all source documents, booksDHCL shall establish and maintain, and records connected with their performance of this Agreement for a minimum of four (4) years following the close of SCAG’s Fiscal Year. c. Establishing shall require that its contractor establish and maintainingmaintain, an accounting system and reports conforming to Generally Accepted Accounting Principles (GAAP) to support invoices which segregate and accumulate incurred the costs of the applicable Project Number(s) work elements by line item (i.e. direct labor, other direct costs, subcontractors, etc.), as applicable, and produce Progress Reports which clearly identify reimbursable enable the determination of incurred costs at interim points of completion, and other expenditures related to such Project Number(s). Further, Consultant, its staff and its subconsultant(s) if any, provide support for reimbursement payment vouchers or invoices. c. DHCL agrees to include a similar right all costs associated with this AGREEMENT and any amendments thereto to be examined in the annual audit and in the schedule of SCAG activities to audit records and interview staff in any subcontract related to performance be examined under an annual audit. d. For the purpose of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR determining compliance with Title 2, California Government Code, Chapter 6.5, Article 2, Section 1896. . Consultant 8546.7, DHCL and its contractors shall each maintain documentation of its competitive bid process with respect to any procurement of sub-consultants pursuant to Section 4.b. d. Upon request, at any time during normal business hours and as often as SCAG, State of California Department of Transportation (Caltrans), Bureau of State Audits, or other state and federal agencies or any duly authorized representative may deem necessary, making make available for examination inspection all of its records with respect books, documents, papers, accounting records, and other evidence pertaining to all matters covered by this Agreement for purposes of audit, examination, or to make copies or transcripts the performance of such recordscontracts and/or AGREEMENTs, including, but not limited to, contracts, invoices, payrolls (including time sheets or timecards), personnel records, conditions the costs of employment, compliance with this Agreement or requirements of state funding sources and other records relating to all matters covered by this Agreementadministering those various contracts and/or agreements. Such records and access to the facilities and premises All of the Consultant its staff and subconsultant(s) if any, above referenced parties shall be made make such contracts and/or agreements available at their respective offices at all reasonable times during the entire period of performance of this Agreement, the contract duration and for three (3) years from the date that SCAG makes of final payment to the Consultant DHCL or until audit resolution is achieved for each annual Comprehensive Budget Agreement (between SCAG and Caltrans)SRTA audit, whichever is later. The State, and all other relatedthe California State Auditor, pending matters are closed. e. Upon request, at any time during normal business hours and as often as SCAG, The State Controller, County Auditors (in SCAG region), or other government agencies or any duly authorized representative may deem necessary, of the Consultant its staff and subconsultant(s) if anyState, shall make available for examination all of its records with respect to all matters covered by this Agreement for purposes of audit, examination, or to make copies or transcripts of such records, including, but not limited to, contracts, invoices, payrolls, personnel records, conditions of employment and other records relating to all matters covered by this Agreement. Such records and each have access to the facilities and premises of the Consultant shall be made available during the period of performance of this Agreement, and for a minimum of four (4) years following the close of SCAG’s Fiscal Year. f. Permitting SCAG, Caltrans or any other state or federal agency access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accountsand documents that are pertinent to the fulfillment of the contracts/ and/or agreements for audits, examinations, excerpts, and other material that may be relevant to transactions, and DHCL and its contractors shall furnish copies thereof if requested. e. Neither the pendency of a matter under investigation for dispute nor its consideration by SRTA or the purpose of determining compliance state will excuse DHCL from full and timely performance in accordance with statutes or program guidelines that are relevant to Consultant’s performance the terms of this AgreementAGREEMENT. g. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period, all records must be retained by the Consultant its staff and subconsultant(s) if any, until completion of the action and resolution of all issues which arise from it. Records relating f. DHCL agrees to any and all audits or litigation relevant furnish documentation to SRTA to support this Agreement shall be retained for five (5) years after the conclusion or resolution of the matter. h. The Consultant agrees and shall require requirement that all of its agreements with Subconsultant(s) a contractor contain provisions requiring adherence to this section Section in its entirety.

Appears in 1 contract

Samples: Transportation Agreement

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