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B. Grantee:
<br />Jacob Bornstein, Program Manager,
<br />Intrastate Water Management &
<br />Development Section
<br />Colorado Water Conservation Board
<br />1580 Logan Street, Suite 600
<br />Denver, CO 80203
<br />Todd.doherty(�u,state.co.us
<br />17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE
<br />Any soflware, research, reports, studies, data, photographs, negatives or other documents, drawings, models,
<br />materials, or Work Product of any type, including drafts, prepared by Grantee in the performance of its
<br />obligations under this Grant shall be the nonexclusive property of the State and, all Work Product shall be
<br />delivered to the State by Grantee upon completion or termination hereof. T'he State's nonexclusive rights in such
<br />Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare
<br />derivative works.
<br />18. GOVERNMENTAL IINIlVIUNITY
<br />Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied,
<br />of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental
<br />Immunity Act, CRS §24-10-101, et seq., as amended. LiabiliTy for claims for injuries to persons or property
<br />arising from the negligence of the State of Colorado, its departments, institutions, agencies, boazds, officials,
<br />and employees is controlled and limited by the provisions of the Governmental Immunity Act and the risk
<br />management statutes, CRS §24-30-1501, et seq., as amended.
<br />19. STATEWIDE GRANT MANAGEMENT SYSTEM
<br />If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective Date
<br />or at anytime thereafter, this §19 applies.
<br />Grantee agrees to be govemed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601,
<br />§24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on sta.te Grants and inclusion
<br />of Grant performance information in a statewide Grant management system.
<br />Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of
<br />this Grant, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation
<br />and Review of Grantee's performance shall be part of the normal Grant administration process and Grantee's
<br />performance will be systematically recorded in the statewide Grant Management System. Areas of Evaluation
<br />and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information
<br />relevant to the performance of Grantee's obligations under this Grant shall be determined by the specific
<br />requirements of such obligations and shall include factors ta.ilored to match the requirements of Grantee's
<br />obligations. Such performance information shall be entered into the statewide Grant Management System at
<br />intervals established herein and a fmal Evaluation, Review and Rating shall be rendered within 30 days of the
<br />end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall
<br />address or conect any identified problem in a timely manner and maintain work progress.
<br />Should the fmal performance Evaluation and Review determine that Grantee demonstrated a gross failure to
<br />meet the performance measures established hereunder, the Executive Director of the Colorado Department of
<br />Personnel and Administration (Executive Director), upon request by the CWCB, and showing of good cause,
<br />may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final
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