R2001-23 AUTHORIZING THE EXECUTION OF AMENDMENTS TO AGREEMENT

Home Browse Search

. � ARTICLE 23—AUDIT AND ACCESS TO RECORDS During the performance of the Services under this Agreement, Engineer agrees to the following: (1) Books, records, documents and other evidence directly pertinent to performance of Public Water Supply Loan Program (PWSLP) loan work under this Agreement shall be maintained consistent with generally accepted accounting standards in accordance with the American Institute of Certified Public Accountants Professional Standards. The Owner or any of its authorized representatives shall have access to the books, records, documents and other evidence for the purpose of inspection, audit and copying. Facilities shall be provided for access and inspection. (2) Audits conducted pursuant to this provision shall be in accordance with generally accepted auditing standards. (3) All information and reports resulting from access to records pursuant to paragraph (1)of the I ARTICLE shall be disclosed to the Owner. The auditing agency shall afford the Engineer an I opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. The final audit report shall include the written comments, if any, of the audited parties. (4) Records shall be maintained and made available during performance of project services under this Agreement and for three years after the final load closing. In addition, those records that relate to any dispute or litigation or the settlement of claims arising out of project performance or costs or items to which an audit exception has been taken, shall be maintained and made available for three years after the resolution of the appeal, litigation, claim or exception: ARTICLE 24—COVENANT AGAINST CONTINGENT FEE Engineer warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees. For breach or violation of this warranty, the Owner shall have the right to annul this Agreement without liability or in its discretion to deduct from the contract price or consideration or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee, slw Decatur DisklDecatur Amend.No.3 February 7,2001 Amendment 3-2