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entered into by Grantee related to its performance hereunder shall comply with all applicable federal and <br /> state laws and shall provide that such subGrants be governed by the laws of the State of Colorado. <br /> 9. GRANTEE RECORDS <br /> Grantee shall make,keep,maintain and allow inspection and monitoring of the following records: <br /> A. Maintenance <br /> Grantee shall make,keep,maintain,and allow inspection and monitoring by the State of a complete file of <br /> 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(including,but not <br /> limited to the operation of programs)or Goods hereunder. Grantee shall maintain such records(the Record <br /> Retention Period)until the last to occur of the following: (i)a period of three years after the date this Grant <br /> is completed or terminated,or(ii)final payment is made hereunder,whichever is later,or(iii)for such <br /> further period as may be necessary to resolve any pending matters,or(iv) if an audit is occurring,or <br /> Grantee has received notice that an audit is pending,then until such audit has been completed and its <br /> findings have been resolved(the"Record Retention Period"). <br /> B. Inspection <br /> Grantee 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 Grantee's records related <br /> to this Grant during the Record Retention Period for a period of three years following termination of this <br /> Grant or final payment hereunder,whichever is later,to assure compliance with the terms hereof or to <br /> evaluate Grantee's performance hereunder.The State reserves the right to inspect the Work at all <br /> reasonable times and places during the term of this Grant, including any extension. If the Work fails to <br /> conform to the requirements of this Grant,the State may require Grantee and its Subgrantees to promptly <br /> bring the Work into conformity with Grant requirements. If the Work cannot be brought into conformance <br /> by re-performance or other corrective measures,the State may require Grantee to take necessary action to <br /> ensure that future performance conforms to Grant requirements and exercise the remedies available under <br /> this Grant,at law or inequity in lieu of or in conjunction with such corrective measures. <br /> C. Monitoring <br /> Grantee shall permit the State,the federal government,and other governmental agencies having <br /> jurisdiction, in their sole discretion,to monitor all activities conducted by Grantee pursuant to the terms of <br /> this Grant 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 Grantee's performance hereunder. <br /> D. Final Audit Report <br /> If an audit is performed on Grantee's records for any fiscal year covering a portion of the term of this <br /> Grant, Grantee shall submit a copy of the final audit report to the State or its principal representative at the <br /> address specified herein. <br /> 10. CONFIDENTIAL INFORMATION-STATE RECORDS <br /> Grantee shall comply with the provisions on 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 /> state records,personnel records,and information concerning individuals.The State shall notify the Grantee in <br /> writing and notate any State records and information that are classified by the State as being"Confidential" and <br /> given to the Grantee in connection with its performance hereunder.The provisions of this Section 10 shall only <br /> apply to such notated records and information. <br /> A. Confidentiality <br /> Grantee shall keep all State records and information confidential at all times and to 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 Grantee shall be immediately forwarded to the State's <br /> principal representative. <br /> Page 5 of 16 <br />