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

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The Parties acknowledge that they may become privy to confidential information in connection with performance hereunder, including, but not limited to State or Contractor records, personnel records, and information concerning individuals. A. Confidentiality It shall be each Party's responsibility to keep all State or Contractor records and information confidential at all times and to comply with all laws and regulations concerning confidentiality of information to the same extent applicable to the State. Any request or demand for information in the possession of a Party made by any third party shall be immediately forwarded to the other Party's principal representative for resolution. B. Notification The Parties agree to notify their agent, employees, sub-contractors and assigns who may come into contact with confidential information that they are subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access information. C. Use, Security, and Retention No confidential information of any kind shall be distributed or sold to any third party or used by the Parties or their agents in any way, except as authorized by the Contract and as approved by the Parties. Each Party shall provide and maintain a secure environment that ensures confidentiality of all State or Contractor records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by the Parties or their agents, except as set forth in this Contract and approved by the Parties. D. Disclosure-Liability Disclosure of State or Contractor records or other confidential information for any reason, except as required under Federal law, regulation and guideline, may be cause for legal action against the disclosing Party or its agents by third parties, and defense of any such action shall be the disclosing Party's sole responsibility. 11. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Except as required under the Freedom of Information Act, 5 U.S.C § 552, any materials or statements offered to inform the public of the nature of the projects included in this Contract, or to promote the existence of these projects and the Parties, shall only be released to the public upon the mutual agreement of the Parties. The data and methodologies that US Forest Service uses to perform the work described in §5 of this Contract are the intellectual property of US Forest Service. The deliverables to the State of Colorado will be any training, final report, and other deliverables pursuant to the relevant scope of work described in Exhibit A and summarized in §5 of this Contract. 12. CONFLICT OF INTEREST A. Definition and Appearance Contractor shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Contractor's obligations hereunder. Contractor acknowledges that with respect to this Contract, even the appearance of a conflict of interest is harmful to the State's interests. Absent the State's prior written approval, Contractor shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Contractor's obligations to the State hereunder. Contractor shall comply with the provisions of CRS §§18-8-308 and 24- 18-101 to 109. B. Specific Prohibitions Contractor's and sub-Contractor's officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from Contractor, potential contractors, or parties to sub-agreements. Contractor's employees, officers, and agents or any permitted sub-Contractor shall not participate in the selection, award, or administration of this Contract or sub-Contract if a conflict of interest or the appearance thereof would occur. Such a conflict would arise when any of the following has a financial or other interest in the firm selected for award, to-wit: i. an employee, officer or agent; Page 5 of 14