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APPROVED 12/05/05 <br />5.10 Funds for Emergenc~Repairs. <br />RFP shall have the right to act, with the consent of the County, in situations which <br />RFP determines to be an emergency with respect to the safety, welfare and protection of the <br />general public, including spending and committing funds held in the operating account(s) of the <br />Facility, even if such expenses are not budgeted, provided that use of such funds is reasonably <br />related to addressing the immediate emergency condition only; provided, however, RFP shall <br />have no obligation under any circumstance to spend or commit funds other than funds then <br />available in such accounts for any such purpose. RFP shall contact the Contract Administrator or <br />other responsible party at the County prior to taking such actions, and, immediately following <br />such action, RFP shall inform the County of the situation and the action(s) taken, and the County <br />shall pay into such account(s) the amount of funds, if any, reasonably spent or committed by <br />RFP pursuant to this Section 5.10 in excess of budgeted amounts. <br />6. Records, Audits and Reports. <br />6.1 Records and Audits. <br />(a) RFP shall keep full and accurate accounting records relating to its <br />activities at the Facility in accordance with generally accepted United States accounting <br />principles. RFP shall maintain a system of bookkeeping adequate for its operations hereunder <br />and sufficient to allow the County to determine RFP's compliance with this Agreement and the <br />Facility's complete financial status and performance at any time. RFP shall adjust its accounting <br />procedures upon request by the County to conform with any applicable requirements of state or <br />federal law or with the reasonable recommendations of the County's Finance Director or <br />financial advisors. RFP shall give the County's authorized representatives access to such books <br />and records at any reasonable time. RFP shall keep and preserve for at least three (3) years <br />following each Fiscal Year all sales slips, rental agreements, purchase order, sales books, credit <br />card invoices, bank books or duplicate deposit slips, and other evidence of Operating Revenues <br />and Operating Expenses for such period. In addition, on or before ninety (90) days following <br />each Fiscal Year for which RFP is managing the Facility hereunder, RFP shall furnish to the <br />County a balance sheet, a statement of profit or loss and a statement of cash flows for the Facility <br />for the preceding Fiscal Year, prepared in accordance with generally accepted United States <br />accounting principles to be audited by the County's independent auditor or other independent <br />auditor chosen by the County. The audit shall contain an opinion expressed by the independent <br />auditor of the accuracy of financial records kept by RFP and of amounts due to the County. The <br />audit shall also provide a certification of Operating Revenues and Operating Expenses as defined <br />in this Agreement for such Fiscal Year. The costs of such audit shall be deemed Operating <br />Expenses. <br />(b) The County shall have the right at any time, and from time to time, to <br />cause its independent auditor or another of its choosing to audit all of the books of RFP relating <br />to Operating Revenues and Operating Expenses, including, without limitation, cash register <br />tapes, credit card invoices, duplicate deposit tapes, and invoices. No costs incurred by the County <br />in conducting such audit shall be considered an Operating Expense. If any such audit <br />17 <br />