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<br />. <br /> <br />"1"'U .",.1 k^-......;a. \ ",.. J ........... .>o.Uu OUUgl;':l WIUlvUl .ll-lpl<.n..tl Ul 1.11..-: ..)W~o.:. J-\.UJU.:>l\H<:llU Vi UUUgo.:l ;,:"'pI;:IlUHUr~ .1lUUU/1l..) l.U ':A.~t:::..) oj lI;:U p<n':':nl \IU';'a) lUu.s~ Ol;: <br />authorized by the State in an amendment to this Contract properly executl!d and approved pursuant to the State Fiscal Rules. In DO event shall the State'" cotal <br />consideration exceed the amount shown in Paragraph oS above. <br /> <br />a. Unless otherwise provided in this Contract, if Exhibit A provides for more than one payment by the Srate. the <br />initial payment set fanh in the Payment Schedule shalt be made as sooo as practicable after proper execution <br />of this Contract. The Contractor shall initiate all subsequent payment requests by submitting documented proof <br />of proper expenditure ~f State funds thus far received to a COllQ'act monitor designated by the State. <br /> <br />b. <br /> <br />The Contractor shall request the final payment, which is the amount withheld by the State until the Project is <br />accepted for completion. for the Project by submitting to the contract monitor a derailed costs accounting of aD <br />State foods received and expended towards completion of the Project which shall be included in a fioaI project <br />. repxt. Upon determining to its satisfaction that an funds received by the Contractor have been (I'Operly spent <br />towards, lbe goals of lbe Project, lbe Stale sball prompdy make final payment to tbe COllttactor. <br /> <br />,~~~' c <br /> <br />:-~-, <br /> <br />-, <br /> <br />c. <br /> <br />Within ninety (90) days of completion of die Project. the Contractor shaD submit to die contract monitor a <br />detailed cost accounting of expenditures of the final paymeDl received from the State as well as a full and final <br />project expendi.... tepO<t. Any Start: funds DOl expended in onnnec:tion wilb tbe Project sball be temitted 10 <br />!be Start: at tba11ime. ' <br /> <br />_';':~.,;t_ <br />....-.- <br /> <br />~:"'~:'~:"''';- <br /> <br />7. ~. The State oc its authm.zed representative shall have the right to inspect, examine, and audit Contractor's records. boob and accoo.Dts., <br />inclwliDg tbe right 10 hiIe an independent Certified Public AccounIaDI of !be State's choosing and at !be State' s expense to do so. Sncb disaetionory audit <br />_ may. be .CIlIed foc at any time and for any reason from. the effective date of this Contract until five (5) yean after the date final payment for this Projecl is <br />received by the contractor, provided that'the audit is performed at a time convenient to the Coouactcx and during regular bwiness boors. Whether or DOt <br />the State calls for a discretionary audit as provided for in this paragraph. if the Project is accomplished within a single fiscal year of the Contract, the <br />Contractor shall. at the conclusion of the Project. and in addition to any other reports required. submit a report and auditoc's statement of the Projea account <br />to the Colcndo Water Conservation Board. Such report shall be ~ed in conjunction with Contractor's regular yearly audit. and must be submitted within <br />six (6) months after the close of the then current Contractor's fiscal year. <br /> <br />8. Indcoendcnt Conlr8ctoc. <br /> <br />a. Contractor is a grantee and shall be an independent contractor and shall have no authorization. express or implied. to bind the State <br />to any agreements. settlements. liability or undersWlding except as expressly set fonh herein. <br /> <br />b. The Contractor represents that the Contractor has. or will secure at its own expense all personnel. as employees of the Contractor. <br />necessary to perform the work and services required to be performed by the Contractor under this Contract. Such personnel may not <br />be employees of ()[' have any contracmal relationship with the State and no such personnel are eligible for any employee benefits. <br />unemployment compensation or any other benefits accorded to State employees and Contractor agrees to indemnify the State for any <br />costs for which the State may be found liable in these regards. Contractor shall pay when due all required employment taxes and <br />income tax withholding. All of the services required hereunder will be performed by the Contractor or under its supervision. and all <br />personnel engaged in the work. shaH be fully qualified and shan be authorized under State and local law to perform such services. <br /> <br />9. Terntination of Contract for Cawe. If. through any cause. the Contractoc shall fail to fulfill in a timely and proper manner his obligations <br />under this Contract. or if the Contractor shall violate any of the coveoants. agreements. or stipulations of this Contract. the State shall thereupon have the <br />right to tcnni.nate this Contract for cause by giving written notice to the Contractor of such termination and specifying the effective dale thereof. at least five <br />(S) days befcre the effective date of such tcnni.nation. In that event. all finished or 11Dfinished documents. data. smdies. surveys. drawings. maps. models. <br />photographs. and repons or other material prepared by the Contractcr under this Contract shall. at the option of the State. become its property. and the <br />Conlr8ctor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. <br /> <br />Notwithstanding the above. the Contractor shall nOl be relieved of liability to the State for any damages sustained by the State by virtue of any <br />breach of the Cona-act by the CORlr8ctor. and the State may withhold any payments to the Contractor for the purpose of setoff until such time as the exact <br />amount of damages due the State from the Contractor is determined. <br /> <br />Page 2 of 6 Pages <br />