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Res 2001-032
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7/3/2006 2:12:04 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2001-32
Date
2/12/2001
Volume Book
143
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<br />the cost summary submitted to CAPCO. CAPCO, TNRCC, Texas State Auditor's Office or <br />any of CAPCO's duly authorized representatives, shall have access to such books, records, <br />documents, and other evidence for the purpose of review, inspection and/or audit. During <br />the conduct of any such review, audit or inspection, SUBCONTRACTOR'S books, records, <br />and other pertinent documents may, upon prior conference with the SUBCONTRACTOR, <br />be copied by CAPCO or any of its duly authorized representatives. All such information <br />shall be handled by the parties in accordance with good business ethics. The <br />SUBCONTRACTOR shall provide proper facilities within the State of Texas for such access <br />and inspection. <br /> <br />(b). Audits conducted pursuant to this prOVISion shall be in accordance with State law, <br />regulations and policy, and generally accepted auditing standards and established <br />procedures and guidelines of the reviewing or audit agency. <br /> <br />(c). The SUBCONTRACTOR agrees to the disclosure of all information and reports resulting <br />from access to records pursuant to Section (a) above to CAPCO. Where the audit concerns <br />the SUBCONTRACTOR, the auditing agency will afford the SliBCONTRACTOR an <br />opportunity for an audit exit conference and an opportunity to comment on the pertinent <br />portions of the draft audit report. <br /> <br />(d). Records under Sections (a) above shall be maintained and made available during the entire <br />period of performance of this Contract and until three (3) years from date of final CAPCO <br />payment for the project. In addition, those records which relate to any dispute, litigation, or <br />the settlement of claims arising out of such performance, or costs or items to which an audit <br />exception has been taken shall be maintained and made available until completion of such <br />action and resolution of all issues which arise from it, or until the end of the regular three- <br />year period, whichever is later. <br /> <br />(e). Access to records is not limited to the required retention periods. The authorized <br />representatives designated in Section (a) of this Article shall have access to records at any <br />reasonable time for as long as the records are maintained. <br /> <br />(t). This audit/access to records Article applies to financial records pertaining to all <br />subagreements and all subagreement change orders and amendments. In addition, this <br />right of access applies to all records pertaining to all subagreements, subagreement change <br />orders and subagreement amendments: to the extent the records reasonably pertain to <br />subagreement performance; if there is any indication that fraud, gross abuse or corrupt <br />practices may be involved; or if the subagreement is terminated for default or for <br />convenience. <br /> <br />(g). CAPCO reserves the right to require the reimbursement of any over-payments determined <br />as a result of any audit or inspection of records kept by the SUBCONTRACTOR on work <br />performed under this Contract. <br /> <br />(h). The SUBCONTRACTOR agrees to include Sections (a) through (g) of this Article in all <br />subagreements and all change orders directly related to project performance. <br /> <br />CAPCO FY2001 Solid Waste Inter/ocal Contract <br /> <br />28 <br />
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