DocuSign Envelope ID: B458D7FB-FB93-4775-A3CB-AC48CB34C275
<br />the final federal expenditure report under this contract, unless the State requests that the records be retained
<br />for a longer period, or until an audit has been completed with the following qualification. If an audit by or
<br />on behalf of the federal and/or state government has begun but is not completed at the end of the six (6)
<br />year period, or if audit findings have not been resolved after a six (6) year period, the materials shall be
<br />retained until the resolution of the audit findings.
<br />The Contractor shall permit the State, any other governmental agency authorized by law, or an authorized
<br />designee thereof, in its sole discretion, to monitor all activities conducted by the Contractor pursuant to the
<br />terms of this contract. Monitoring may consist of internal evaluation procedures, reexamination of program
<br />data, special analyses, on -site verification, formal audit examinations, or any other procedures as deemed
<br />reasonable and relevant. All such monitoring shall be performed in a manner that will not unduly interfere
<br />with contract work.
<br />12. Taxes. The State, as purchaser, is exempt from all federal excise taxes under Chapter 32 of the Internal
<br />Revenue Code [No. 84-730123K] and from all state and local government use taxes [C.R.S. 39- 26-114(a)
<br />and 203, as amended]. The Contractor is hereby notified that when materials are purchased for the benefit
<br />of the State, such exemptions apply except that in certain political subdivisions the vendor may be required
<br />to pay sales or use taxes even though the ultimate product or service is provided to the State. These sales or
<br />use taxes will not be reimbursed by the State.
<br />13. Conflict of Interest. During the term of this contract, the Contractor shall not engage in any business or
<br />personal activities or practices or maintain any relationships which conflict in any way with the Contractor
<br />fully performing his/her obligations under this contract.
<br />Additionally, the Contractor acknowledges that, in governmental contracting, even the appearance of a
<br />conflict of interest is harmful to the interests of the State. Thus, the Contractor agrees to refrain from any
<br />practices, activities or relationships which could reasonably be considered to be in conflict with the
<br />Contractor's fully performing his/her obligations to the State under the terms of this contract, without the
<br />prior written approval of the State.
<br />In the event that the Contractor is uncertain whether the appearance of a conflict of interest may reasonably
<br />exist, the Contractor shall submit to the State a full disclosure statement setting forth the relevant details for
<br />the State's consideration and direction. Failure to promptly submit a disclosure statement or to follow the
<br />State's direction in regard to the apparent conflict shall be grounds for termination of the contract.
<br />Further, the Contractor, and its subcontractors or subgrantees, shall maintain a written code of standards
<br />governing the performance of its employees engaged in the award and administration of contracts. No
<br />employee, officer, or agent of the Contractor, subcontractor, or subgrantee shall participate in the selection,
<br />or in the award or administration of a contract or subcontract supported by Federal funds if a conflict of
<br />interest, real or apparent, would be involved. Such a conflict would arise when:
<br />a. The employee, officer or agent;
<br />b. Any member of the employee's immediate family;
<br />C. The employee's partner; or
<br />d. An organization which employees, or is about to employ, any of the above,
<br />has a financial or other interest in the firm selected for award. The Contractor's, subcontractor's, or
<br />subgrantee's officers, employees, or agents will neither solicit nor accept gratuities, favors, or anything of
<br />monetary value from Contractor's potential contractors, or parties to subagreements.
<br />14. Inspection and Acceptance (Services) and Contractor Warranty. The State reserves the right to inspect
<br />services provided under this contract at all reasonable times and places during the term of the contract.
<br />"Services" as used in this clause includes services performed or tangible material produced or delivered in
<br />the performance of services. If any of the services do not conform to contract requirements, the State may
<br />require the contractor to perform the services again in conformity with contract requirements, with no
<br />additional payment. When defects in the quality or quantity of service cannot be corrected by re -
<br />performance, the State may (1) require the contractor to take necessary action to ensure that the future
<br />performance conforms to contract requirements and (2) equitably reduce the payment due the contractor to
<br />Page 6 of 17
<br />Vcr 24.03.20
<br />
|