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City of San Leandro <br /> CIA No. D43CIASAL0001 <br />Page 9 of 11 <br /> <br /> <br />inverse condemnation, or other theories and assertions of liability occurring by reason of <br />anything done or omitted to be done by AGENCY, its contractors, sub-contractors, and/or its <br />agents under this AGREEMENT, except those claims, suits, or actions arising by reason of the <br />sole negligence or willful misconduct of CALTRANS. <br />6. RETENTION OF RECORDS/AUDITS <br />A. AGENCY, its contractors, subcontractors and sub-recipients shall establish and maintain an <br />accounting system and records that properly accumulate and segregate incurred PROJECT <br />costs. The accounting system of AGENCY, its contractors, all subcontractors, and sub- <br />recipients shall conform to Generally Accepted Accounting Principles (GAAP), shall <br />enable the determination of incurred costs at interim points of completion, and shall provide <br />support for reimbursement payment vouchers or invoices. All books, documents, papers, <br />accounting records and other supporting papers and evidence of performance under this <br />AGREEMENT of AGENCY, its contractors, subcontractors and sub-recipients connected <br />with PROJECT performance under this AGREEMENT shall be maintained for a minimum <br />of three (3) years from the date of final payment to AGENCY and shall be held open to <br />inspection, copying, and audit by representatives of CALTRANS, the California State <br />Auditor, and auditors representing the federal government during business hours with <br />appropriate notice. Copies thereof will be furnished by AGENCY, its contractors, its <br />subcontractors and sub-recipients upon receipt of any request made by CALTRANS or its <br />agents. In conducting an audit of the costs under this AGREEMENT, CALTRANS will <br />rely to the maximum extent possible on any prior audit of AGENCY pursuant to the <br />provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit <br />work performed by AGENCY’s external and internal auditors may be relied upon and used <br />by CALTRANS when planning and conducting additional audits. <br />B. AGENCY, its sub-recipients, contractors, and subcontractors will permit access to all <br />records of employment, employment advertisements, employment application forms, and <br />other pertinent data and records by the State Fair Employment Practices and Housing <br />Commission, or any other AGENCY of the State of California designated by CALTRANS, <br />for the purpose of any investigation to ascertain compliance with this AGREEMENT. <br />C. This AGREEMENT shall be subject to a pre-award audit prior to execution of the <br />AGREEMENT to ensure AGENCY has an adequate financial management system in <br />place to accumulate and segregate reasonable, allowable and allocable costs. <br />D. CALTRANS, the state auditor, and the Federal Government, (if the PROJECT utilizes <br />federal funds), will have access to all PROJECT-related records held by AGENCY or by <br />any party hired by AGENCY to participate in PROJECT. <br />E. The examination of any records will take place in the offices and locations where said <br />records are generated and/or stored and will be accomplished during reasonable hours of <br />operation. <br />F. Upon completion of the final audit, AGENCY has thirty (30) calendar days to refund or <br />invoice as necessary in order to satisfy the obligation of the audit.