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<br /> <br /> <br /> 16. AUDIT AND INSPECTION OF RECORDS <br /> <br /> Consultant shall provide City, the FHWA, Caltrans or other agents of the City, such access to <br /> Consultant's accounting books, records, payroll documents and facilities ofthe Consultant which are directly <br /> pertinent to this Agreement for the purposes of examining, auditing and inspecting all accounting books, <br /> records, work data, documents and activities related hereto. Consultant shall maintain such books, records, <br /> data and documents in accordance with generally accepted accounting principles and shall clearly identify <br /> and make such items readily accessible to such parties during Consultant's performance hereunder and for a <br /> period of three (3) years from the date of final payment by City. Consultant shall permit any ofthe foregoing <br /> parties to reproduce documents by any means whatsoever or to copy excerpts and transcriptions as <br /> reasonably necessary. <br /> 17. AUDIT REVIEW PROCEDURES <br /> a. Any dispute concerning a question of fact arising under an interim or post audit of this <br /> contract that is not disposed of by agreement, shall be reviewed by the Executive Director of the Public <br /> Works Agency. <br /> b. Not later than 30 days after issuance of a final audit report, the Consultant may request a <br /> review of unresolved audit issues by the City's Chief Financial Officer. Such request shall be made in <br /> writing. <br /> C. The filing or review of an audit dispute will not excuse the Consultant from full and <br /> timely performance ofthis Agreement. <br /> 18. SUBCONTRACTING <br /> Consultant shall perform all work contemplated in its Proposal, and no work pursuant to this <br /> Agreement shall be subcontracted without the written authorization by City, except that work expressly <br /> identified in Consultant's Proposal. Any subcontract in excess of $25,000 shall contain all the provisions of <br /> this Agreement which are applicable to subcontractors. <br /> 19. FORCE MAJEURE <br /> Either party shall be excused from performing its obligations under this Agreement during the time <br /> and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including <br /> but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or <br /> facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the <br /> other party; when satisfactory evidence of such cause is presented to the other party, and provided further that <br /> such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the <br /> party not performing. <br /> 20. COST PRINCIPALS <br /> a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition <br /> Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the allowability of cost <br /> individual items. <br /> 8 <br /> 25G-10 <br />