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A. Maintenance
<br />Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of
<br />all records, documents, communications, notes and other written materials, electronic media files, and
<br />communications, pertaining in any manner to the Work or the delivery of Services (including, but not
<br />limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records (the Record
<br />Retention Period) until the last to occur of the following: (i) a period of three years after the date the
<br />underlying Grant to the State is completed, terminated or (ii) final payment is made hereunder, whichever
<br />is later, or (iii) for such further period as may be necessary to resolve any pending matters, or (iv) if an
<br />audit is occurring, or Grantee has received notice that an audit is pending, then until such audit has been
<br />completed and its findings have been resolved (the "Record Retention Period").
<br />B. Inspection
<br />Grantee shall permit the State, the federal government and any other duly authorized agent of a
<br />governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee's records related to
<br />this Grant during the Record Retention Period as set forth in §9(A), to assure compliance with the terms
<br />hereof or to evaluate Grantee's performance hereunder. The State reserves the right to inspect the Work at
<br />all reasonable times and places during the term of this Grant, including any extension. If the Work fails to
<br />conform to the requirements of this Grant, the State may require Grantee promptly to bring the Work into
<br />conformity with Grant requirements, at Grantee's sole expense. If the Work cannot be brought into
<br />conformance by re -performance or other corrective measures, the State may require Grantee to take
<br />necessary action to ensure that future performance conforms to Grant requirements and exercise the
<br />remedies available under this Grant, at law or inequity in lieu of or in conjunction with such corrective
<br />measures.
<br />C. Monitoring
<br />Grantee shall permit the State, the federal government, and other governmental agencies having
<br />jurisdiction, in their sole discretion, to monitor all activities conducted by Grantee pursuant to the terms of
<br />this Grant using any reasonable procedure, including, but not limited to: internal evaluation procedures,
<br />examination of program data, special analyses, on -site checking, formal audit examinations, or any other
<br />procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly
<br />interfere with Grantee's performance hereunder.
<br />D. Final Audit Report
<br />If an audit is performed on Grantee's records for any fiscal year covering a portion of the term of this
<br />Grant, Grantee shall submit a copy of the final audit report to the State or its principal representative at the
<br />address specified herein.
<br />10. CONFIDENTIAL INFORMATION -STATE RECORDS
<br />Grantee shall comply with the provisions of this §10 if it becomes privy to confidential information in
<br />connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to,
<br />state records, personnel records, and information concerning individuals.
<br />A. Confidentiality
<br />Grantee shall keep all State records and information confidential at all times and comply with all laws and
<br />regulations concerning confidentiality of information. Any request or demand by a third party for State
<br />records and information in the possession of Grantee shall be immediately forwarded to the State's
<br />principal representative.
<br />B. Notification
<br />Grantee shall notify its agent, employees, Sub -grantees, and assigns who may come into contact with State
<br />records and confidential information that each is subject to the confidentiality requirements set forth herein,
<br />and shall provide each with a written explanation of such requirements before they are permitted to access
<br />such records and information.
<br />C. Use, Security, and Retention
<br />Confidential .information of any kind shall not be distributed or sold to any third party or used by Grantee
<br />or its agents in any way, except as authorized by this Grant or approved in writing by the State. Grantee
<br />shall provide and maintain a secure environment that ensures confidentiality of all State records and other
<br />confidential information wherever located. Confidential information shall not be retained in any files or
<br />otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State.
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