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<br /> Guidance.Evaluation and Review of Contractor's performance shall be part of the normal contract
<br /> administration process and Contractor's performance will be systematically recorded in the statewide Contract
<br /> Management System. Areas of Evaluation and Review shall include,but shall not be limited to quality,cost and
<br /> timeliness. Collection of information relevant to the performance of Contractor's obligations under this Contract
<br /> shall be determined by the specific requirements of such obligations and shall include factors tailored to match
<br /> the requirements of Contractor's obligations. Such performance information shall be entered into the statewide
<br /> Contract Management System at intervals established herein and a final Evaluation,Review and Rating shall be
<br /> rendered within 30 days of the end of the Contract term. Contractor shall be notified following each
<br /> performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and
<br /> maintain work progress.
<br /> Should the final performance Evaluation and Review determine that Contractor 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 Dept. of Natural Resources, and
<br /> showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts.
<br /> Contractor may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements,which may
<br /> result in either removal or correction of the evaluation(CRS §24-105-102(6)), or(b) under CRS §24-105-
<br /> 102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202,
<br /> which may result in the reversal of the debarment and reinstatement of Contractor,by the Executive Director,
<br /> upon a showing of good cause.
<br /> 20. GENERAL PROVISIONS
<br /> A. Assignment and Subcontracts
<br /> Contractor's rights and obligations hereunder are personal and may not be transferred, assigned or
<br /> subcontracted without the prior, written consent of the State. Any attempt at assignment,transfer,
<br /> subcontracting without such consent shall be void. All assignments, subcontracts, or Subcontractors
<br /> approved by Contractor or the State are subject to all of the provisions hereof. Contractor shall be solely
<br /> responsible for all aspects of subcontracting arrangements and performance.
<br /> B.Binding Effect
<br /> Except as otherwise provided in §20(A), all provisions herein contained, including the benefits and
<br /> burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors,
<br /> and assigns.
<br /> C. Captions
<br /> The captions and headings in this Contract are for convenience of reference only, and shall not be used to
<br /> interpret, define, or limit its provisions.
<br /> D. Counterparts
<br /> This Contract may be executed in multiple identical original counterparts, all of which shall constitute one
<br /> agreement.
<br /> E. Entire Understanding
<br /> This Contract represents the complete integration of all understandings between the Parties and all prior
<br /> representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions,
<br /> deletions, or other changes hereto shall not have any force or affect whatsoever,unless embodied herein.
<br /> F.Indemnification
<br /> Grantee shall,to the extent permitted by law, indemnify, save, and hold harmless the State,its employees
<br /> and agents, against any and all claims,damages, liability and court awards including costs, expenses,and
<br /> attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees,
<br /> agents, sub-contractors, or assignees pursuant to the terms of this Grant; however,the provisions hereof
<br /> shall not be construed or interpreted as a waiver,express or implied, of any of the immunities,rights,
<br /> benefits, protection, or other provisions, of the Colorado Governmental Immunity Act,CRS §24-10-101 et
<br /> seq., or the Federal Tort Claims Act,28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended.
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