7. ADDITIONAL AGREEMENT TERMS & CONDITIONS
A. Access to Records
The Contractor shall maintain, and the City and its duly authorized representatives
shall have access to the books, documents, papers, and records of the Contractor
which are directly pertinent to this Agreement for the purpose of making audit,
examination, excerpts, and transcripts for a period of three (3) years after final payment.
Costofcopies of applicable records are reimbursable by the City. However, if any audit,
claim, or litigation is started before the expiration of the three (3) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have
been resolved. The Contractor will permit the City to inspect/audit all records and
financial data involved in the operation of this Agreement during the regular business
hours maintained by the Contractor, and at such other times upon one (1) day's written
notice.
B. Audits
(a) The City, either directly or through a designated representative, may conduct
financial and performance audits of the billings and services specified in this
Agreement at anytime in the course of this Agreement and during the three {3) year
period established by section 6A, Access to Records. Audits willbe conducted in
accordance with generally accepted auditing standards as promulgated in Government
Auditing Standards by the Comptroller General of the United States General
Accounting Office.
(b) If an audit discloses that payments to the Contractor were in excess of the amount to
which the Contractor was entitled, then the Contractor shall repay the amount of the
excess to the City.
(c) If the service is not effective in accordance with Government Auditing Standards, the
City of Nashua may pursue remedies provided under section 5, Early Termination of
Agreement Remedies.
C. Effective Date and Duration
Even if the Agreement has expired, the City retains the right to enforce this Agreement in
regards to Access to records and with respect to any default or defect in performance that
has not been cured.
D. Early Termination of Agreement
(a) The City of Nashua and the Contractor, by mutual written agreement, may terminate
the Agreement at any time.
