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C154204 NRD Grant Contract
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C154204 NRD Grant Contract
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Last modified
8/2/2012 7:41:05 AM
Creation date
7/31/2012 8:02:16 AM
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Loan Projects
Contract/PO #
C154204
Contractor Name
Terrace Irrigation Company
Contract Type
Grant
Water District
3
County
Conejos
Loan Projects - Doc Type
Contract Documents
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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 />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 />termination of this Contract or final payment hereunder, whichever is later, to assure compliance with the <br />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 <br />Work fails to conform to the requirements of this Contract, the State may require Contractor promptly to <br />bring the Work into conformity with Contract requirements, at Contractor's sole expense. If the Work <br />cannot be brought into conformance by re- performance or other corrective measures, the State may require <br />Contractor to take necessary action to ensure that future performance conforms to Contract requirements <br />and exercise the remedies available under this Contract, at law or in equity, in lieu of or in conjunction with <br />such corrective measures. <br />C. Monitoring <br />Contractor shall permit the State, the federal government, and governmental agencies having jurisdiction, <br />in their sole discretion, to monitor all activities conducted by Contractor pursuant to the terms of this <br />Contract using any reasonable procedure, including, but not limited to: internal evaluation procedures, <br />examination of program data, special analyses, on -site checking, formal audit examinations, or any other <br />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 <br />connection with its performance hereunder. Confidential information includes, but is not necessarily limited to, <br />any state records, personnel records, and information concerning individuals. Such information shall not include <br />information required to be disclosed 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. <br />B. Notification <br />Contractor shall notify its agent, employees, Subcontractors and assigns who may come into contact with <br />State records and confidential information that each is subject to the confidentiality requirements set forth <br />herein, and shall provide each with a written explanation of such requirements before permitting them to <br />access such records and information. <br />C. Use, Security, and Retention <br />Confidential information of any kind shall not be distributed or sold to any third party or used by <br />Contractor or its agents in any way, except as authorized by this Contract or approved in writing by the <br />State. Contractor shall provide and maintain a secure environment that ensures confidentiality of all State <br />records and other confidential information wherever located. Confidential information shall not be retained <br />in any files or otherwise by Contractor or its agents, except as permitted in this Contract or approved in <br />writing by the State. <br />Page 5 <br />
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