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Award SummaryPage 5 of 33 <br /> <br /> <br />8.2 These remedies are cumulative to the extent the remedies are not inconsistent, and the <br /> <br />State may pursue any remedy or remedies singly, collectively, successively or in any order <br /> <br />whatsoever. <br /> <br /> <br />9.0 REPORTS: Contractor shall provide the reports specified in Exhibit A, Section 4.0. <br /> <br /> <br />10.0 ACCESS TO RECORDS AND AUDIT RIGHTS <br /> <br /> <br />10.1 Contractor shall maintain, retain, and keep accessible all records relevant to the <br /> <br />Price Agreement and Contracts (the "Records") for a minimum of six (6) years, or such <br /> <br />longer period as may be required by applicable law following expiration or termination of <br /> <br />the Price Agreement, or until the conclusion of any audit, controversy or litigation <br /> <br />arising out of or related to the Price Agreement, whichever date is later ("Record <br /> <br />Retention Period"). Financial Records shall also be kept in accordance with generally- <br /> <br />accepted accounting principles. During the Record Retention Period established in this <br /> <br />Section 11, the Contractor shall permit the State, its duly authorized representatives, and <br /> <br />the federal government access to the Records at reasonable times and places for purposes of <br /> <br />examination and copying. <br /> <br /> <br />10.2 During the Term of the Price Agreement and the Record Retention Period, the State, at <br /> <br />its own expense (except as provided herein), shall have the right to audit Contractor's <br /> <br />Records and other pertinent data, to determine and verify the figures reported in any <br /> <br />Volume Sales Reports furnished by Contractor. Such audits shall take place during regular <br /> <br />business hours, at Contractor's premises, and upon reasonable notice, and shall be <br /> <br />conducted by an authorized representative of the State. In the event that any such audit <br /> <br />reveals an underpayment of VCAF or any other applicable fees, Contractor shall immediately <br /> <br />pay (i) the amount of deficiency, together with interest thereon at the maximum legal rate <br /> <br />in the State of Oregon, and (ii) the reasonable cost of the audit by the State. <br /> <br /> <br />11.0 ACCOUNTS FOR PARTICIPANTS <br /> <br /> <br />11.1 Contractor agrees to sell from this Price Agreement to all parties authorized by the <br /> <br />State of Oregon, Department of Administrative Services (DAS), Cooperative Purchasing <br /> <br />Program (ORCPP) subject to credit approval by Contractor, where applicable. The ORCPP <br /> <br />program recognizes agencies and organizations that are: State of Oregon Agencies, or <br /> <br />Registered Members of ORCPP.). <br /> <br /> <br /> <br />11.2 Contractor shall establish a procedure by which Participants may open an account for <br /> <br />the purpose of purchasing Services under this Price Agreement. Participant Accounts opened <br /> <br />under this Price Agreement shall be separate from any other account maintained by a <br /> <br />Participant with the Contractor. <br /> <br /> <br />11.3 Contractor shall verify the authority of a Participant to use the Cards to make <br /> <br />purchases under this Price Agreement. If Contractor is found to have entered into two (2) <br /> <br />or more Contracts under this Price Agreement with an entity other than a Participant, <br /> <br />Contractor may be deemed to be in material breach of the Price Agreement. <br /> <br /> <br />11.4 The identity of ORCPP Participants can be verified on the SPO website at <br />http://procurement.oregon.gov <br /> <br /> or at Procurement Centers located throughout Oregon. (Call <br /> <br />(503) 378-4649 for information or to view list of centers identified on SPO Web page.) <br /> <br /> <br />11.5 No language in any account agreement used by the Contractor shall vary, amend, modify, <br /> <br />or add terms or conditions to the Price Agreement. Operative provisions in account <br /> <br />agreements shall be limited to: designation of Participant and its authorized <br /> <br />representative; Services and products offered under the terms of the Price Agreement; and <br /> <br />invoicing address. <br /> <br /> <br />11.6 The Contractor shall process all the forms necessary for the State and federal fuel <br /> <br />exemption claims (if applicable). No additional charges will be allowed for exemption <br /> <br />processing or tax withholding requirements. <br /> <br /> <br />12.0 COMPLIANCE WITH APPLICABLE LAWS AND STANDARDS: The State's agreement to maintain this <br /> <br />Price Agreement in effect is conditioned upon Contractor's compliance with the obligations <br /> <br />of contractors contemplated under ORS 279B.220, 279B.230 and 279B.235, which are <br /> <br />incorporated by reference herein. In addition, Contractor shall comply with all federal, <br /> <br />state and local laws, rules, regulations, executive orders and ordinances applicable to the <br /> <br />Price Agreement and any resulting Contract, all of which are incorporated herein by <br /> <br />reference to the extent applicable. Contractor shall, to the maximum extent economically <br /> <br />feasible in the performance of this Price Agreement, use recycled paper as defined in ORS <br /> <br />279A.010(1)(gg), recycled PETE products as defined in ORS 279A.010(1)(hh), and other <br /> <br />recycled plastic resin products and recycled products as "recycled product" is defined in <br />https://orpin.oregon.gov/open.dll/showDocSummary?sessionID=1921160&disID=985529&docTy...6/10/2008 <br /> <br />