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A. Performance, Progress, Personnel, and Funds
<br />Contractor shall submit a report to the State upon expiration or sooner termination of this Contract, containing an Evaluation and
<br />Review of Contractor's performance and the final status of Contractor's obligations hereunder. In addition, Contractor shall comply
<br />with all reporting requirements, if any, set forth 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 agency, related to this
<br />Contract or which may affect Contractor's ability to perform its obligations hereunder, Contractor shall notify the State of such
<br />action and deliver copies of such pleadings to the State's principal representative as identified herein. If the State's principal
<br />representative is not then serving, such notice and copies shall be delivered to the Executive Director of DNR.
<br />C. Noncompliance
<br />Contractor's failure to provide reports and notify the State in a timely manner in accordance with this §8 may result in the delay of
<br />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 submitted to the State or
<br />its principal representative upon request by the State. Any and all subcontracts entered into by Contractor related to its performance
<br />hereunder shall comply with all applicable federal and state laws and shall provide that such subcontracts be governed by the laws
<br />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 of all records,
<br />documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any
<br />manner to the Work or the delivery of Services or Goods hereunder. Contractor shall maintain such records until the last to occur
<br />of: (i) a period of three years after the date this Contract expires or is sooner terminated, or (ii) final payment is made hereunder, or
<br />(iii) the resolution of any pending Contract matters, or (iv) if an audit is occurring, or Contractor has received notice that an audit is
<br />pending, until such audit has been completed and its findings have been resolved (collectively, the "Record Retention Period ").
<br />B. Inspection
<br />Contractor shall permit the State, the federal government and any other duly authorized agent of a governmental agency to audit,
<br />inspect, examine, excerpt, copy and/or transcribe Contractor's records related to this Contract during the Record Retention Period
<br />for a period of three years following termination of this Contract or final payment hereunder, whichever is later, to assure
<br />compliance with the terms hereof or to evaluate performance hereunder. The State reserves the right to inspect the Work at all
<br />reasonable times and places during the term of this Contract, including any extensions or renewals. If the Work fails to conform to
<br />the requirements of this Contract, the State may require Contractor promptly to bring the Work into conformity with Contract
<br />requirements, at Contractor's sole expense. If the Work cannot be brought into conformance by re- performance or other corrective
<br />measures, the State may require Contractor to take necessary action to ensure that future performance conforms to Contract
<br />requirements and exercise the remedies available under this Contract, at law or in equity, in lieu of or in conjunction with such
<br />corrective measures.
<br />C. Monitoring
<br />Contractor shall permit the State, the federal government, and governmental agencies having jurisdiction, in their sole discretion, to
<br />monitor all activities conducted by Contractor pursuant to the terms of this Contract using any reasonable procedure, including, but
<br />not limited to: internal evaluation procedures, examination of program data, special analyses, on -site checking, formal audit
<br />examinations, or any other procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly
<br />interfere with Contractor's performance hereunder.
<br />D. Final Audit Report
<br />If an audit is performed on Contractor's records for any fiscal year covering a portion of the term of this
<br />Contract, Contractor shall submit a copy of the final audit report to the State or its principal representative
<br />at the address specified herein.
<br />10. CONFIDENTIAL INFORMATION -STATE RECORDS
<br />Contractor shall comply with the provisions of this §10 if it becomes privy to confidential information in connection with
<br />its performance hereunder. Confidential information includes, but is not necessarily limited to, any state records, personnel
<br />records, and information concerning individuals. Such information shall not include information required to be disclosed
<br />pursuant to the Colorado Open Records Act, CRS §24 -72 -101, et seq.
<br />A. Confidentiality
<br />Contractor shall keep all State records and information confidential at all times and comply with all laws
<br />and regulations concerning confidentiality of information. Any request or demand by a third party for State
<br />records and information in the possession of Contractor shall be immediately forwarded to the State's
<br />principal representative.
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