North Platte - US Forest Service, Rocky Mtn Research Center - Contract

Home Browse Search

complete Contractor's obligations hereunder shall be de-obligated by the State. If Contractor receives overpayments hereunder, Contractor shall refund all excess funds to the State within 15 days of the later of (a) the receipt of such funds or (b) the determination of such overpayment. Under no circumstances shall unexpended or excess funds received by Contractor under this Contract be refunded or paid to any party other than the State. iv. Erroneous Payments-Remedies Payments made to Contractor in error for any reason, including, but not limited to overpayments or improper payments may, at the State's sole discretion, be recovered from Contractor by deduction from subsequent payment under this Contract or other contracts between the State and Contractor, or by other appropriate methods. 8. REPORTING-NOTIFICATION Reports and analysis required under this section shall be in accordance with procedures and in such form as prescribed by the State. A. Performance, Progress, Personnel, and Funds Unless waived in writing by the State, Contractor shall submit to the State separate, periodic reports on the status of work set forth in Exhibit A to this Contract. Such reports shall set forth and analyze the Contractor's performance under this Contract and the status of the Contractor's obligations as of the date of the report. Upon termination of the project, the Contractor shall also provide a final report to the State that analyzes its overall performance under this Contract and the final status of Contractor's obligations hereunder. B. Litigation Within 10 days after being served with any pleading in a legal action at a court or administrative agency related to this Contract, Contractor shall notify the State of such action and deliver copies of such pleadings to the State's principal representative in accordance with the Notice section of this Contract. C. Remedies Contractor's failure to provide reports and notify the State in a timely manner in accordance with this section may result in the delay of payment of funds and/or termination under the Remedies section of this Contract. 9. RECORDS The Parties agree to make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenace Both Parties shall maintain a complete file of all records, documents, communications, notes and other written materials, electronic media files or communications, pertaining in any manner to delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. The Parties shall maintain such records for (a) a period of three years after the date this Contract is completed or terminated or final payment hereunder, whichever is later, or (b) for such further period as may be necessary to resolve any pending matters, or (c) until an audit has been completed and its findings have been resolved B. Inspection The Parties agree to permit each other or any duly authorized agent for the State or Contractor to audit, inspect, examine, excerpt, copy and/or transcribe the other Party's records related to this Contract and for a period of three years following termination hereof or final payment hereunder, whichever is later, to assure compliance with the terms hereof or to evaluate the Parties' respective performances hereunder. C. Monitoring The Parties agree to permit the other Party or any duly authorized agent for the State or Contractor to monitor all activities conducted by pursuant to this Contract using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on-site checking, and formal audit examinations. 10. CONFIDENTIAL INFORMATION-STATE RECORDS Page 4 of 14