Laserfiche WebLink
• <br /> iii.Available Funds-Contingency-Termination <br /> The State is prohibited by law from making commitments beyond the term of the State's current fiscal <br /> year. Therefore, Contractor's compensation beyond the State's current Fiscal Year is contingent upon <br /> the continuing availability of State appropriations as provided in the Colorado Special Provisions. If <br /> federal funds are used to fund this Contract,in whole or in part,the State's performance hereunder is <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 <br /> person or entity 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 Dept of Natural Resources. <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 occurring, or Contractor has received notice that an audit <br /> Page 4 of 15 <br />