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ATTACHMENT A <br />ARTICLE VIII RETENTION OF RECORDS/AUDIT <br />For the nurnose of determining compliance with Public Contract Code 10! 15, et sea. and. Title <br />21, California Code of Regulations, Chapter 21, Section 2500 et sea., when anDl.i.cable and, other <br />matters connected with the performance of the contract pursuant to Government Code 8546.7; <br />CONSULTANT, subconsultants, and LOCAL AGENCY shall maintain and snake available for <br />inspection all books, documents, papers, accounting records, and other evidence pertaining to the <br />performance of the contract, inciuding but not limited to, the costs of administering the contract. <br />All parties shall make such materials available at their respective offices at all reasonable times <br />during the contract period and for three years from the date of final payment under the contract. <br />The state, State Auditor, LOCAL AGENCY, FHWA, or any duly authorized representative of <br />the Federal. Government shallhave access to any books, records, and documents of <br />CONSULTANT and its certified public accountants (CPA) work papers that are pertinent to the <br />contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and <br />conies thereof shall_ be furnished if reouested. <br />ARTICLE IX AUDIT REVIEW PROCEDURES <br />A. Any dispute concerning a question of fact arising under an interim or post audit of <br />th:s contract that is not d'sposed of by agreement, sha'.'. be rev;ewed by LOCAL <br />AGENCY'S Chief Financial Officer. <br />B. Not later than 30 days after issuance of the final audit report, CONSULTANT may <br />request a review by LOCAL AGENCY'S Chief Financial Officer of unresolved audit <br />issues. The reauest for review will be submitted in writing. <br />C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will <br />excuse CONSTJLTANTT from fu1'. and timely nerfortnan-ce, in accordance with the <br />terms of this contract. <br />D. CONSULTANT and subconsultant contracts, including cost proposals and ICR, are <br />subject to audits or reviews such as, but not limited to, a contract audit, an incurred <br />cost audit, an ICR Audit, or a CPA ICR audit work nailer review. If selected for audit <br />or review, the contract, cost proposal and ICR and related work papers, if applicable, <br />wi". be reviewed. to verifv conln'_iance with. a-8 CFR, "art 31 and other related Laws <br />and regulations. In the instances of a CPA ICR audit work paper review it is <br />CONSULTANT's responsibility to ensure federal, state, or local government officials <br />are allowed full access to the CPA's work papers including making copies as <br />necessary. The contract, cost proposal, and ICR shall be adjusted by CONSULTANT <br />and approved by LOCAL AGENCY contract manager to conform to the audit or <br />review recommendations. CONSULTANT agrees that individual terms of costs <br />i.d.en*.iced in the audit retiort shall be incornorated into the contract by this reference if <br />directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to <br />incorporate audit or review recommendations, or to ensure that the federal, state or <br />local governments have access to CPA work papers, will be considered a breach of <br />ATTY/AGR.2021.261/San Mateo County Office of Education (Page 26 of 30) <br />