Financial- Foss Environmental Svcs. Co.

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~ ~ 5. WITHHOLDING OF CONTRACT PAYMENTS Notwithstanding any other payment provision of this contract, failure of the CONTRACTOR to submit required reports when due, or failure to perform or document the performance of contracted services, may result in withholding of payments under this contract. Such withholding of payment for cause shall begin thirty (30) days after written notice is given by the COUNTY to the CONTRACTOR, and shall continue until the CONTRACTOR submits required reports, performs required services or establishes, to the COUNTYS satisfaction, that such failure arose out of causes beyond the control, and without the fault or negligence of the CONTRACTOR. 6. RECOVERY OF FUNDS Expenditures of the CONTRACTOR may be charged to this contract only if they (1) are in payment of services performed under this contract, (2) conform to applicable state and federal regulations and statutes, and (3) are in payment of an obligation incurred during the contract period. a. Unauthorized Expenditures and Excess Pavments Any COUNTY funds spent for purposes not authorized by this contract and payments by the COUNTY in excess of authorized expenditures shall be deducted from payment of reimbursements or refunded to the COUNTY no later than thirty (30) days after the contract's expiration or notification from the CONTRACTOR. The CONTRACTOR shall be responsible to repay for prior contract period excess payments and unrecovered advanced payments provided by the COUNTY. Repayment of prior period obligations shall be made to the COUNTY in a manner agreed on. b. Contract Termination or Suspension In the event of termination of ail or part of this contract as specified in Section 13 of Part I of this contract, COUNTY funds not earned at the date of termination or cancellation shall revert to the COUNTY. AUDITS AND INSPECTIONS The CONTRACTOR shall permit authorized representatives of the COUNTY, State of Oregon, or the applicable audit agencies of the U.S. Government to review the records of the CONTRACTOR as they relate to the contract services in order to satisfy audit or program evaluation purposes deemed necessary by the COUNTY and permitted by law. 8. REPORTING REOUIREMENTS By signature on the contract, the CONTRACTOR grants the COUNTY, except where expressly prohibited by law, the right to reproduce, use and disclose for COUNTY purposes, all or part of the reports, data and technical information furnished the COUNTY under this contract. 9. MAINTENANCE, RETENTION, AND CONFIDENTIALITY OF RECORD The CONTRACTOR agrees to establish and maintain records and statistics as follows: Financial records, which indicate the number of hours of service provided under this contract and other appropriate records pertinent to this contract shall be retained for a minimum of three (3) years after the end of the contract period. If there are unresolved audit questions at the end of the three-year period, the records must be maintained until the questions are resolved. Client records shall be kept confidential in accordance with ORS 179.505, OAR 309-11-020, 45 CFR 205.50 and 42 CFR Part 2. REV 2/96