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EIAF 7500 — Louisville City Service Facility
<br />9. GRANTEE RECORDS
<br />Grantee shall make, keep, maintain and allow inspection and monitoring of the following records:
<br />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
<br />"Record Retention Period ") until the last to occur of the following:
<br />(i) a period of five years after the date this Grant is completed or terminated, or final payment is made
<br />hereunder, whichever is later, or
<br />(ii) for such further period as may be necessary to resolve any pending matters, or
<br />(iii) if an audit is occurring, or Grantee has received notice that an audit is pending, then until such audit
<br />has been completed and its findings have been resolved.
<br />B. Inspection
<br />Grantee shall permit the State, the federal government (if Grant Funds include federal funds) and any other
<br />duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe
<br />Grantee's records related to this Grant during the Record Retention Period for a period of five years
<br />following termination of this Grant or final payment hereunder, whichever is later, to assure compliance
<br />with the terms hereof or to evaluate Grantee's performance hereunder. The State reserves the right to
<br />inspect the Work at all reasonable times and places during the term of this Grant, including any extension.
<br />If the Work fails to conform to the requirements of this Grant, the State may require Grantee promptly to
<br />bring the Work into conformity with Grant requirements, at Grantee's sole expense. If the Work cannot be
<br />brought into conformance by re- performance or other corrective measures, the State may require Grantee to
<br />take necessary action to ensure that future performance conforms to Grant requirements and exercise the
<br />remedies available under this Grant, at law or in equity in lieu of or in conjunction with such corrective
<br />measures.
<br />C. Monitoring
<br />Grantee shall permit the State, the federal government (if Grant Funds include federal funds), and other
<br />governmental agencies having jurisdiction, in their sole discretion, to monitor all activities conducted by
<br />Grantee pursuant to the terms of this Grant using any reasonable procedure, including, but not limited to:
<br />internal evaluation procedures, examination of program data, special analyses, on -site checking, formal
<br />audit examinations, or any other procedures. All monitoring controlled by the State shall be performed in a
<br />manner that shall not unduly interfere with Grantee's performance hereunder.
<br />D. Final Audit Report
<br />Grantee shall provide a copy of its audit report(s) to DOLA as specified in Exhibit B.
<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, Subgrantees, 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.
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