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<br />objectives ofthis contract. If PERFORMING AGENCY is legally prohibited from providing such reports, it shall <br />immediately notify RECEIVfNG AGENCY. <br /> <br />ARTICLE 25. Insoections <br /> <br />RECEIVING AGENCY and, when federal funds are involved, any authorized representative(s) of the federal <br />government have the right, at all reasonable times, to inspect or otherwise evaluate the work (including reviews <br />of client or patient records and discussions with staff) performed by PERFORMING AGENCY and its <br />subrecipient(s), ifany, and the premises on which the work is being performed. PERFORMING AGENCY and <br />its subrecipient(s) shall participate in inspections and provide reasonable access, facilities, and assistance to the <br />representatives. All inspections and evaluations will be performed in such a manner as will not unduly interfere <br />with the work. <br /> <br />PERFORMING AGENCY and its subrecipient(s), if any, shall give RECEIVING AGENCY, the federal <br />government, and the Texas State Auditor, or any of their duly authorized representatives, access to any pertinent <br />books, documents, papers, and client or patient records, if any, for the purpose of making audit, examination, <br />excerpts, and transcripts of transactions related to contract Attachment(s). RECEIVING AGENCY will have the <br />right to audit billings both before and after payment. Payment under Attachment(s) will not foreclose the right of <br />RECEIVING AGENCY to recover excessive or illegal payments. <br /> <br />Any deficiencies identified by RECEIVING AGENCY upon examination of PERFORMING AGENCY's records <br />will be conveyed in writing to PERFORMING AGENCY. PERFORMING AGENCY's resolution of findings will <br />also be conveyed in writing to RECEIVING AGENCY within 30 days of receipt of RECEIVING AGENCY's <br />findings. A RECEIVING AGENCY determination of either an inadequate or inappropriate resolution of the <br />findings may result in sanctions which will remain in effect until RECEIVING AGENCY determines the <br />deficiencies are properly remedied. <br /> <br />ARTICLE 26. Records Retention <br /> <br />PERFORMING AGENCY shall retain, preserve and make available all required records for a period of three years <br />from the date of the last expenditure report submitted under contract Attachment(s) or until all audit questions are <br />resolved, or until any court orders requiring record retention are dissolved, whichever time period is longer. <br />Microfilm copies of records required to be kept under the Attachment(s) may be substituted for the originals in <br />accordance with guidelines and procedures approved by RECEIVING AGENCY, provided that the microfilm <br />procedures are reliable and are supported by an adequate retrieval system, unless otherwise ordered by a court of <br />general jurisdiction. <br /> <br />ARTICLE 27. Client Records <br /> <br />Notwithstanding any other provision herein, if requested by RECEIVING AGENCY, PERFORMING AGENCY <br />shall share all patient information with RECEIVING AGENCY when the contract involves patient care by the <br />PERFORMfNG AGENCY. <br /> <br />RECEIVING AGENCY may require PERFORMING AGENCY, or any subrecipient, to transfer a client or patient <br />record to another agency or to RECEIVING AGENCY if the transfer is necessary to protect either the <br />confidentiality of the record or the health and welfare of the client or patient. <br /> <br />(LGS) <br /> <br />2000 GENERAL PROVISIONS Page 17 <br /> <br />4/99 <br />