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Exhibit B <br />Santa Maria Reservoir Company <br />Water Supply Reserve Account Grant <br />Performance Monitoring Provisions <br />Statutory Requirements <br />For each personal services contract with a value over $100,000, the individual selected by the state agency or institution of <br />higher education (]NE), pursuant to CRS §24- 103.5 - 101(3), shall monitor the contractor's work under the contract and <br />shall certify as to whether the contractor is complying with the terms of the contract pursuant to CRS § §24- 103.5 - 101(5). <br />(a) Performance measures and standards developed specifically for the contract by the governmental body administering <br />the contract. The performance measures and standards shall be negotiated by the governmental body and the vendor prior to <br />execution of the contract and shall be incorporated into the contract. The measures and standards shall be used by the <br />governmental body to evaluate the performance of the governmental body and the vendor under the contract. <br />(b) An accountability section that requires the vendor to report regularly on achievement of the performance measures and <br />standards specified in the contract and that allows the governmental body to withhold payment until successful completion <br />of all or part of the contract and the achievement of established performance standards. The accountability section shall <br />include a requirement that payment by the governmental body to the vendor shall be made without delay upon successful <br />completion of all or any part of the contract in accordance with the payment schedule specified in the contract or as <br />otherwise agreed upon by the parties. <br />(c) Monitoring requirements that specify how the governmental body and the vendor will evaluate each others' <br />performance, including progress reports, site visits, inspections, and reviews of performance data. The governmental body <br />shall use one or more monitoring processes to ensure that the results, objectives, and obligations of the contract are met. <br />(d) Methods and mechanisms to resolve any situation in which the governmental body's monitoring assessment determines <br />noncompliance, including termination of the contract. <br />Performance Monitoring Standards <br />Performance monitoring for this contract shall include the following: <br />(a) Performance measures and standards: The grantee shall implement the 1st phase of a multi -phase project by upgrading <br />the conveyance system, with the ultimate objective of removing State - imposed storage restrictions on Continental <br />Reservoir. Restoring full operating efficiency to the conveyance system for delivery of water to Santa Maria reservoirs will <br />help manage irrigation water more effectively. Grantee will produce detailed deliverables for Tasks 1 and 2 as specified in <br />Exhibit A -1. Grantee shall maintain receipts for all project expenses and documentation of the minimum in -kind <br />contributions per the budget in Exhibit A -2. Per WSRA Criteria and Guidelines, retainage of 5% of the grant funds shall be <br />withheld until receipt of the final report and all other deliverables. <br />(b) Accountability: Per WSRA Criteria and Guidelines full documentation of project progress must be submitted with each <br />invoice for reimbursement. Grantee must certify that all grant conditions have been complied with on each invoice. In <br />addition, per WSRA Criteria and Guidelines progress reports must be submitted at least once every 6 months. A final <br />project report must be submitted and approved before final project payment and release of retainage. <br />(c) Monitoring Requirements: Grantee is responsible for ongoing monitoring of project progress per grant exhibits and <br />Paragraphs 9 & 19 of the contract. Progress shall be detailed in the required invoice documentation and progress reports as <br />detailed above. Additional inspections or field consultations will be arranged as may be necessary. <br />(d) Noncompliance Resolution: Per paragraphs 9, 14, 15, and 19 of the contract: payment will be withheld until grantee is <br />current on all grant conditions. Flagrant disregard for grant conditions will result in a stop work order and cancellation of <br />the purchase order. <br />Page I of I <br />