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3. RECITALS <br />A. Authority, Appropriation, And Approval <br />Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a <br />sufficient unencumbered balance thereof remains available for payment, and clearance and coordination have <br />been accomplished from and with appropriate agencies. <br />B. State's Authority <br />CRS §§ 37-60-106(c)(e) and (i) authorizes the CWCB "to devise and formulate methods, means and plans," <br />"to gather data and information," and "to cooperate with the United States and the agencies thereof' for the <br />purpose of bringing about a "greater utilization of the water of the state of Colorado and the prevention of <br />flood damages." <br />C. Contractor's Authority. <br />Contractor's authority to enter into this Contract derives from the provisions of the Forest and Rangeland <br />Renewable Resources Act of 1918, as amended. <br />D. Procurement <br />This contract is exempt from the procurement code under CRS §24-1-105(1). <br />4. DEFINITIONS <br />The following terms as used herein shall be construed and interpreted as follows: <br />A. Contract <br />"Contract" means this Contract for Goods and Services, its provisions, attached exhibits, documents <br />incorporated by reference under the terms of this Contract, and any future modifying agreements, exhibits, <br />attachments or references incorporated pursuant to State Fiscal Rules and Policies. <br />B. Work <br />Work consists of the tasks Contractor is to perform in order to fulfill its obligations under this Contract. <br />C. Goods <br />"Goods" means any physical item used, produced, or manufactured either separately or in conjunction with <br />the Work performed and Services rendered hereunder. <br />D. Services <br />"Services" means services performed or tangible material produced or either separately or in conjunction <br />with the Work performed and Goods provided hereunder. <br />E. Subcontractor <br />Third-party vendors of goods and/or services, if any, are hereinafter referred to as "subcontractors". <br />F. Parties <br />"Party" or "Parties" means one or both of the State and Contractor. <br />5. STATEMENT OF WORK <br />By or before June 30, 2013 Contractor shall complete all work to be performed under this Contract, and in <br />doing so provide the Goods and Services, and perform its other obligations as described below. <br />A. Work <br />The work to be performed under this Contract consists of the project titled "Effects of Mountain Pine Beetle <br />and Forest Management on Water Quantity, Quality and Forest Recovery -North Platte and Upper Colorado <br />River Basins", as further detailed in Exhibit A. Contractor shall perform the work within the costs as <br />described in Exhibit A. Additional exhibits may be incorporated via amendment to this Contract according <br />the provisions set forth below in §20(B) herein. <br />B. Employees <br />All persons employed under the Contract shall be considered Contractor's or subcontractors' employee(s) for <br />all purposes and shall not be employees of the State for any purpose. <br />Page 2 of 14 <br />