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representative as identified herein. Ifthe State's principal representative is not then serving, such notice and
<br />copies shall be delivered to the Executive Directar of Colorado Department of Natural Resources.
<br />C. Performance Autside the State of Colorado and/or the United States
<br />jNot applicable if Grant Funds include any federal fundsj Following the Bffective Date, Grantee shall
<br />provide written notice Co the State, in accordance with §16 {Notices and Representatives), within 20 days
<br />of the earlier tn occur of Granfee's decision to perform, or its execution of an agreement with a Subgrantee
<br />to perform, Services outside the State of Colorado andlor the United States. Such notice shall specify the
<br />type of Services to be perfarmed outside the State af Coiorado and/or the United States and the reason why
<br />it is necessary or advantageous to perform such Services at such location or locations. All notices received
<br />by the State pursuant to this §8.0 shail be posted on the Colorado Department of Personnel &
<br />Administration's website. Knowing failure by Grantee to provide notice ta the State under this §8.0 shall
<br />consNtute a material breach of this Grant.
<br />D. Noncomptiance
<br />Grantee's faiture to provide reports and notify the State in a timely manner in accordance with this §8 may
<br />result in the delay of payment of funds and/or terminatian as provided under this Grant.
<br />E. Subgranta
<br />Copies of any and alt subgrants entered into by Grantee ta perform its abligations hereunder sha(t be
<br />submitted to the State or its principat representative upon request by the State. A�y and all sub�rants
<br />entered into by Grantee related to its performance hereunder shall comply with all applicabie 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 ailaw inspection and monitoring of the followhng records:
<br />A. Maintenance
<br />Gcantee shall make, keep, maintain, and atlow inspection and monitaring by the $tate ofa eomplete fite of
<br />all records, documents, communications, nates and other written materiats, electrbnic media files, and
<br />communications, pertaining in any manner to the Work or the delivery of Servicers (ineluding, but not
<br />timited to the aperation of programs} or Goods hereunder, Grantee shali maintain such records (the Record
<br />Itetention Period} until the last to occur of the followin�: (i) a period of three years after the date this Grant
<br />is completed or terminated, or (ii) final payment is made hereunder, whichever is later, or (iii) for such
<br />furth�r period as may be necessary to reso(ve any pending mattets, or (iv) if an audit is occurring, or
<br />Grantee has received noNce that an audit is pending, then unril such audit has been completed and its
<br />findings have been resalved (the "Record Retantion Period").
<br />B. Tnspection
<br />Grantee shall perrnit the State, the federal government and any other duly authori�zed agent of a
<br />governmental agency to audit, inspect, examine, excerpt, oopy and/or transcribe �rantce's recorcls related to
<br />this Grant during the Record Retention Period for a period of three years foltowimg termination of this
<br />Grant or final payment hereuoder, whichever is later, to assure compGance with the terms hereofor to
<br />evaluate Grantee's performance hereunder. The State reserves the right to inspec� the Work at all reasonable
<br />times and places during the term af this Grant, including any extension. If the Work fails to conform to the
<br />requirements of this Grant, the State may require Grantee promptly to brin$ the Work into conformity with
<br />Grant requirements, at Grantee's sole expense. If the Work cannot be brought int� conformance by
<br />re-performance or other corrective measures, the State may require Grantee to taice necessary action to
<br />ensure that future performance canforms to Grant requirements and exercise the remedies avaitable us�der
<br />this Grant, at law or inequity in lieu af or in canjunction with such corrective measures.
<br />C. Monitoring
<br />Grantee shall permit the State, the federal government, and oth�r governmental agencies having
<br />jurisdiction, in their sale discretion, to monitor ali activities canducted by Granteie pursuar�t to the terms of
<br />this Grant using any reasonable procedure, including, hut nat limited to: internal evaluation procedures,
<br />examination of program data, special analyses, on-site checking, formal audit examinations, or any other
<br />procedures. Atl monitoring controlled by the State shall be performed in a manner that shall not unduly
<br />interfere with Grantee's perFormance hereunder.
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