Laserfiche WebLink
2 <br />contingent upon the continuing availability of such funds. Payments pursuant to this Contract shall be <br />made only from available funds encumbered for this Contract and the State's liability for such <br />payments shall be limited to the amount remaining of such encumbered funds. If State or federal funds <br />are not appropriated, or otherwise become unavailable to fund this Contract, the State may terminate <br />this Contract immediately, in whole or in part, without further liability in accordance with the <br />provisions hereof. <br />iv. Erroneous Payments <br />At the State's sole discretion, payments made to Contractor in error for any reason, including, but not <br />limited to overpayments or improper payments, and unexpended or excess funds received by <br />Contractor, may be recovered from Contractor by deduction from subsequent payments under this <br />Contract or other contracts, grants or agreements between the State and Contractor or by other <br />appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any party <br />other than the State. <br />C. Use of Funds <br />Contract Funds shall be used only for eligible costs identified herein and/or in the Budget. <br />8. REPORTING - NOTIFICATION <br />Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and in <br />such form as prescribed by the State and in accordance with §19, if applicable. <br />A. Performance, Progress, Personnel, and Funds <br />Contractor shall submit a report to the State upon expiration or sooner termination of this Contract, <br />containing an Evaluation and Review of Contractor's performance and the final status of Contractor's <br />obligations hereunder. In addition, Contractor shall comply with all reporting requirements, if any, set forth <br />in Exhibit A. <br />B. Litigation Reporting <br />Within 10 days after being served with any pleading in a legal action filed with a court or administrative <br />agency, related to this Contract or which may affect Contractor's ability to perform its obligations <br />hereunder, Contractor shall notify the State of such action and deliver copies of such pleadings to the <br />State's principal representative as identified herein. If the State's principal representative is not then <br />serving, such notice and copies shall be delivered to the Executive Director of CWCB. <br />C. Noncompliance <br />Contractor's failure to provide reports and notify the State in a timely manner in accordance with this §8 <br />may result in the delay of payment of funds and/or termination as provided under this Contract. <br />D. Subcontracts <br />Copies of any and all subcontracts entered into by Contractor to perform its obligations hereunder shall be <br />submitted to the State or its principal representative upon request by the State. Any and all subcontracts <br />entered into by Contractor related to its performance hereunder shall comply with all applicable federal and <br />state laws and shall provide that such subcontracts be governed by the laws of the State of Colorado. <br />9. CONTRACTOR RECORDS <br />A. Maintenance <br />Contractor shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file <br />of all records, documents, communications, notes and other written materials, electronic media files, and <br />communications, pertaining in any manner to the Work or the delivery of Services or Goods hereunder. <br />Contractor shall maintain such records until the last to occur of. (i) a period of three years after the date this <br />Contract expires or is sooner terminated, or (ii) final payment is made hereunder, or (iii) the resolution of <br />any pending Contract matters, or (iv) if an audit is occuring, or Contractor has received notice that an audit <br />is pending, until such audit has been completed and its findings have been resolved (collectively, the <br />"Record Retention Period "). <br />B. Inspection <br />Contractor shall permit the State, the federal government and any other duly authorized agent of a <br />governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Contractor's records <br />related to this Contract during the Record Retention Period for a period of three years following <br />Page 4 of 15 <br />