Center of Colorado WCD Water Provider Agreement

A. Effective Date. This Agreement shall not be effective or enforceable until it is
approved and signed by the Colorado State Controller or designee (hereinafter
called the "Effective Date"), but shall be effective and enforceable thereafter in
accordance with its provisions.
B. Failure to Perform — Disputes. The failure of a Party to perform its respective
obligations in accordance with the provisions of this Agreement is a breach of this
Agreement. In the event of disputes concerning performance hereunder or
otherwise related to this Agreement, the Parties shall attempt to resolve them at
the divisional level. If this fails, disputes shall be referred to senior departmental
management staff designated by each party. If this fails, the matter shall be
submitted in writing by both Parties to the State Controller, whose decision shall be
final.
C. Records Maintenance. During the term of this Agreement and for a period
terminating upon the later of (i) the six year anniversary of the final payment under
this Agreement or (ii) the resolution of any pending Agreement matters (the
"Record Retention Period"), each Party shall maintain, and allow inspection and
monitoring by the other Party, and any other duly authorized agent of a
governmental agency, of a complete file of all records, documents,
communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the work or the delivery of services or
goods hereunder.
D. Records Inspection. Water Provider shall have the right to inspect CDNR's
performance at all reasonable times and places during the term of this Agreement.
CDNR shall permit Water Provider, and any other duly authorized agent of a
governmental agency having jurisdiction to monitor all activities conducted
pursuant to this Agreement, to audit, inspect, examine, excerpt, copy and/or
transcribe CDNR's records related to this Agreement during the Record Retention
Period to assure compliance with the terms hereof or to evaluate performance
hereunder. Monitoring activities controlled by Water Provider shall not unduly
interfere with CDNR's performance hereunder.
E. Confidential Information. Each Party shall treat the confidential information of the
other Party with the same degree of care and protection it affords to its own
confidential information, unless a different standard is set forth in this Agreement.
Each Party shall notify the other Party immediately if it receives a request or
demand from a third party for records or information of the other Party.
F. Authority, Appropriation, And Approval. Authority to enter into this Agreement
exists in N/A and funds have been budgeted, appropriated pursuant to N/A and
placed into escrow in accordance with Section IV.D. Financial obligations of the
Water Provider payable after the current fiscal year, identified in Section IV.E
above, and mitigation costs in excess of those identified in Section IV.D, if any, are
contingent upon funds for that purpose being appropriated, budgeted, and
otherwise made available. Required approvals, clearance and coordination have
been accomplished from and with appropriate agencies.
13