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~ ' Re-Accreditation Agreement 3 of 6 Or Purchase Order No. is herein remitted to the APWA in the amount of $ ~6 v 6.2 If the Agency is subsequently determined ineligible to apply for participation in the accreditation program, a full refund of such sum wi11 be paid to the Agency, less a$500 service charge. 6.3 If the Agency requires more than six (6) months to complete a successful on-site assessment, the Agency agrees to pay a non-refundable annual fee amounting to 25°/a of the initial accreditation fee in effect on the effective date of this Accreditation Agreement. This semi-annual fee shall be due and payable six (6) months after the effective date of this Agreement and every six (6) months thereafter, until a successful on-site assessment has been achieved or this Agreement has been ternunated in accordance with Section 4 supra. Provided that no such additional fee will be levied where the Council or APWA delays the on-site assessment for their convenience or where the on-site assessment can not be reasonably scheduled within the original six (6) month period. 6.4 If the Agency's on-site assessment for re-accreditation is not successful (i.e., work afrer the initial on-site assessment is required to achieve compliance with recommended practices), the Agency shall.prepay. estimated costs, plus a 10% contingency, (based on estimated costs) for a subsequent on-site assessment and/or additional staff/evaluator assistance required on or off site. The additional work required (on and/or off site) must be completed within six (6) months. If the projected costs exceed the actual costs, the APWA will promptly return the excess amount to the Agency. ~ Section 7. CONFIDENTIALITY: 7.1 The Council shall receive and hold confidential any and all reports, files, records and other data obtained from the Agency pursuant to this Agreement. The Council shall not disclose, distribute, or release to any person or organization, except authorized Agency officials, employees or agents, or upon order of any court, state or federal, any materials or contents thereof, either provided by the Agency or developed by the Council and APWA in the furtherance of its responsibilities under this Agreement. Notwithstanding anything in this Agreement to the contrary including the above, the Council is authorized, but not required, in the exercise of its sole discretion, to conduct an open meeting regarding the Agency's candidacy for accreditation or, its continued compliance with applicable standards, including but not limited to all factual matters relating to the assessment, appraisal, and determination of accreditation and all comments which form a basis for the opinion either in favor of or against accreditation, unless specifically notified by the Agency in writing to the contrary, in which case such meeting shall be closed to the public. Nothing herein shall be construed to require the Council to conduct all or part of its meeting in public, including but not limited to the right of the Council, in the exercise of its sole discretion, to terminate an open meeting at any time and conclude such meeting in a closed session. .. , 7.2 In rasponse to inquiries'concerning tlie Agericy, the Council's reply will be to identify the'Agency's~status.` All other requests foi information will be directed to the Agency's Chief Executive Officer. Section 8. NEWS RELEASES: 8.1 Notwithstanding any provision of this Agreement to the contrary, the Council and APWA shall have the right to identify the Agency in news releases and its publicity program after the Agency's on-site assessment has been scheduled; the purpose of said news release and publicity program will be to identify the Agency as seeking accreditation. Where specific mention of the Agency is used in this regard, a copy of the news release or publicity material will be provided to the Agency for its information. 8.2 The Agency shall provide Council with a copy of all its news releases or publicity material concerning its accreditation activities. 83 The Council and APWA may release the identity of the Agency to other agencies considering or involved in either a self assessment or accreditation. The express purpose of releasing the identity is to encourage, promote and facilitate networking among agencies.