C859617 Contract

• Contract/PO #: C859617
• Contractor Name: Crook, Town of
• Contract Type: Grant
• Loan Projects - Doc Type: Contract Documents

12. Financial Manaaeme .t all times from the effective date of t _ontract until completion of this
Contract.the Contractor shall comply with the administrative requirements, cost principles and other requirements
set forth ie the Financial Management section of the CDBG Grantee Handbook, hereinafter referred to as the
"Financial Management Requirements".
13. Payment Method. Unless otherwise provided in the Scope of Services:
a) the Contractor shall periodically initiate all drawdown requests by submitting to the Department a written
request wing the State-provided form, for reimbursement of actual and proper expenditures of State CDBG funds
plus an estimation of funds needed for a reasonable length of time.
t4 The State may withhold any payment if the Contractor has failed to comply with the Financial
Management Requirements, program objectives, contractual terms, or reporting requirements.
c) The State will withhold payment of the final five (5) percent of the total contract amount until the
Contractee has submitted and the Department has accepted all required quarterly Financial Status Report and
Performsrce Report information.
1t Ausg.
a) Discretionary Audit. The State, through the Executive Director of the Department, the State Auditor, or
any of ttarair duly authorized representatives, including an independent Certified Public Accountant of the State's
choosing,or the federal government or any of its properly delegated or authorized representatives shall have the
right to inspect,examine,and audit the Contractor's(and any sub-contractor's) records, books,accounts and other
relevant documents. Such discretionary audit may be requested at any time and for any reason from the effective
date of bin Contract until five (5) years after the date final payment for this Project is received by the Contractor,
providedtttat the audit is performed during normal business hours.
t* Mandatory Audit. Whether or not the State calls for a discretionary audit as provided above, the
Contractor shall include the Project in an annual audit report as required by the Colorado Local Government Audit
Law, CAS. 1973, 29-1-601, et Leg and the Single Audit Act of 1984, Pub. L 98-502, and federal and State
implernmeing rules and regulations. Such audit reports shall be simultaneously submitted to the Department and
the Statektditor. Thereafter, the Contractor shall supply the Department with copies of all correspondence from
the Statedetditor related to the relevant audit report. If the audit reveals evidence of non-compliance with applicable
requirements, the Department reserves the right to institute compliance or other appropriate proceedings
notwithsbnding any other judicial or administrative actions filed pursuant to C.R.S. 1973, 29-1-607 or 29-1-608.
A. Contractor. An Independent Contractor. Contractor shall be an independent contractor and shall have
no authausation, express or implied, to bind the State to any agreements, settlements, liability or understanding
except expressly set forth herein.
16. Personnel. The Contractor respresents that it has, or will secure at its own expense, unless otherwise
stated ink Scope of Services, all personnel, as employees of the Contractor, necessary to perform the work and
services aequired to be performed by the Contractor under this Contract. Such personnel may not be employees
of or haveany contractual relationship with the State. All of the services required hereunder will be performed by
the Contactor or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be
authorizoni under State and local law to perform such services.
It Contract Suspension. If the Contractor fails to comply with any contractual provision,the State may,after
notice to the Contractor, suspend the contract and withhold further payments or prohibit the Contractor from
incurringadditional obligations of contractual funds, pending corrective action by the Contractor or a decision to
terminattn accordance with provisions herein. The State may determine to allow such necessary and proper costs
which the Contractor could not reasonably avoid during the period of suspension provided such costs were
necessary and reasonable for the conduct of the project.
•
it Contract Termination. This contract may be terminated as follows:
a) Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor is to be
paid, reimbursed, or otherwise compensated with federal CDBG funds provided to the State for the purpose of
contracting,for the services provided for herein or with program income, and therefore, the Contractor expressly
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