C150037 Contract

• Contract/PO #: C150037
• Contractor Name: Alamosa River Watershed Restoration Foundation, Inc.
• Contract Type: Grant
• Water District: 35
• County: Alamosa
• Bill Number: HB00-1419
• Loan Projects - Doc Type: Contract Documents

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B. Time of performance. The CONTRACTOR recognizes that time is of the essence in the
performance of its obligations under this contract. Therefore, the CONTRACTOR shall be
responsible for the completion of the tasks listed in the PROJECT Scope of Services within
the time specified in Section 3 (Time of Performance) of the Project Summary.

C. Disbursement of funds. The Contractor shall provide to the CWCB a periodic
progress report prior to each disbursement that states the percentage of Project tasks
completed and the costs incurred for that period. The CWCB shall disburse funds in
accordance with Section 4 (Disbursement Schedule) of the Project Summary.

D. Return of Unused Funds. Any funds disbursed but not expended for the Project in
accordance with the terms of this Contract shall be remitted to the CWCB within 30 days of
either (1) completion of the Project, or (2) upon termination of the Project by the CWCB in
accordance with Paragraph F herein.

E. Provision of PROJECT results to CWCS. The CONTRACTOR shall provide the CWCS
with full access to PROJECT development, data, drafts and conclusions and with copies of
any interim and final PROJECT reports. Upon completion of the PROJECT, if the CWCB so
requests, the CONTRACTOR shall make a presentation to the CWCB at a regularly scheduled
CWCB meeting on the completed PROJECT.

F. Termination of contract for cause. If, through any cause, the CONTRACTOR fails to
fulfill in a timely and proper manner its obligations under this contract, or if the CONTRACTOR
violates any of the provisions of this contract, the CWCB, shall thereupon have the right to
terminate this contract for cause by giving written notice to the CONTRACTOR of such
termination and specifying the effective date thereof, at least five (5) days before the
effective date of such termination. In that event, the CONTRACTOR shall provide the CWCB
with copies of all finished PROJECT development, data, drafts and conclusions prepared by
or for the CONTRACTOR. The CONTRACTOR shall provide such copies to the CWCB within
thirty (30) days of the effective date of such termination. Upon submittal to the CWCB of a
statement of PROJECT costs for the period preceding the effective date of the termination of
this contract, the CONTRACTOR shall be entitled to receive the CWCB's share of the cost of
any such PROJECT materials that have been prepared before the effective date of
termination of this contract, have been provided to the CWCB, and have not yet been paid
for as of the effective termination date.

G. INDEPENDENT CONTRACTOR RELATIONSHIP. THE CONTRACTOR SHALL
PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT
AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE
OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR
EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED
EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES
PAID PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE
CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT
INSURANCE BENEFITS UNLESS THE CONTRACTOR OR A THIRD PARTY PROVIDES
SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE
PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION,
EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY OR
UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR

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