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Case Record Storage and Retrieval Services RFP (Part I)

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APPENDIX A: SAMPLE CONTRACT<br />

original signatures have been affixed to Amendments to this<br />

Contract, such that the parties need not follow up facsimile<br />

transmissions of such documents with subsequent (non-facsimile)<br />

transmission of “original” versions of such documents.<br />

8.30 Fair Labor St<strong>and</strong>ards<br />

The Contractor shall comply with all applicable provisions of the<br />

Federal Fair Labor St<strong>and</strong>ards Act <strong>and</strong> shall indemnify, defend, <strong>and</strong><br />

hold harmless the County <strong>and</strong> its agents, officers, <strong>and</strong> employees<br />

from any <strong>and</strong> all liability, including, but not limited to, wages,<br />

overtime pay, liquidated damages, penalties, court costs, <strong>and</strong><br />

attorneys' fees arising under any wage <strong>and</strong> hour law, including, but<br />

not limited to, the Federal Fair Labor St<strong>and</strong>ards Act, for work<br />

performed by the Contractor’s employees for which the County may<br />

be found jointly or solely liable.<br />

8.31 Fiscal Accountability<br />

8.31.1 Accounting<br />

The Contractor shall establish <strong>and</strong> maintain on a current<br />

basis an adequate accounting system in accordance with<br />

generally accepted accounting principles <strong>and</strong> st<strong>and</strong>ards. The<br />

Contractor should maintain their accounting system on an<br />

accrual basis.<br />

8.31.2 Allegations of Fraud <strong>and</strong>/or Abuse<br />

In the event of allegations of fraud or abuse (fraud <strong>and</strong><br />

abuse as defined in appropriate <strong>Case</strong> <strong>Record</strong> <strong>Storage</strong> <strong>and</strong><br />

<strong>Retrieval</strong> services provisions <strong>and</strong> regulation), the County<br />

reserves the right to withhold ten percent (10%) of the<br />

contract amount or the amount of the final request for<br />

payment, whichever is greater, on a completed program until<br />

a determination is issued in writing by the County Contract<br />

Administrator that withheld funds should be released to the<br />

Contractor. Such written determination shall not supersede<br />

or replace the final report.<br />

8.31.3 Commingling of Funds<br />

Funds paid pursuant to this Contract shall be used<br />

exclusively for services funded under this Contract <strong>and</strong> shall<br />

not be commingled with any other monies of the Contractor.<br />

CASE RECORD STORAGE AND RETRIEVAL SERVICES (<strong>RFP</strong>) 2012 Page 98

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