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<br /> 2,5 The City will bear all costs incident to this Article. <br /> ARTICLE 3 <br /> PAYMENTS TO THE CONSULTANT <br /> 3,1 Payments for services will be made to Consultant monthly following receipt by City <br /> of Consultant's invoices. The amounts of these invoices will be based upon the extent of <br /> work completed by the Consultant on a percentage basis within each phase of services, <br /> in accordance with Article 11, less any disputed amounts, pending resolution thereof. <br /> ARTICLE 4 <br /> AUDIT/ACCESS TO CONSULTANT'S RECORDS <br /> 4,1 The Consultant will maintain and make available for review, inspection and/or audit <br /> books, records, documents, and other evidence reasonably pertinent to performance on <br /> all work under this Contract, including negotiated changes or amendments thereto, in <br /> accordance with accepted professional practice, appropriate accounting procedures and <br /> practices at the Consultant's office. The Consultant will also maintain and make available <br /> at its office the financial information and data used by the Consultant or its designee in the <br /> preparation or support of any cost submission or cost (direct or indirect), price or profit <br /> analysis for this contract or any negotiated sub-agreement or change order and a copy of <br /> the cost summary submitted to the City and/or CAPCO. The City, CAPCO, TNRCC, the <br /> Texas State Auditor's Office or any of CAPCO's duly authorized representatives shall have <br /> access to such books, records, documents, and other evidence for the purpose of review, <br /> inspection and/or audit. During the conduct of any such review, audit or inspection, <br /> Consultant's books, records, and other pertinent documents may, upon prior conference <br /> with the Consultant, be copied by the City, CAPCO or any of its duly authorized <br /> representatives. All such information shall be handled by the parties in accordance with <br /> good business ethics. The Consultant shall provide proper facilities within the state of <br /> Texas for such access and inspection. All federal requirements governing grants (OMB <br /> and Budget Circulars A-8? or A-122, A-102 or A-110, and A-128) are applicable. <br /> 4,2 Audits conducted pursuant to this provision will be in accordance with State law, <br /> regulations and policy, and generally accepted auditing standards and established <br /> procedures and guidelines of the reviewing agency. <br /> 4,3 The Consultant agrees to the disclosure of all information and reports resulting from <br /> access to records pursuant to Section 5.1 above to the City and CAPCO. Where the audit <br /> concerns the Consultant, the auditing agency will afford the Consultant an opportunity for <br /> an audit exit conference and an opportunity to comment on the pertinent portions of the <br /> draft audit report. <br /> 4,4 Records under Section 5.1 above shall be maintained and made available during <br /> the entire period of performance of this contract and until three years from the date of final <br /> 6 <br />