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<br /> assignees pursuant to the terms of this Contract, but not to the extent such claims are caused by
<br /> any act or omission of, or breach of contract by, the State, its employees, agents,other
<br /> Consultants or assignees, or other parties not under the control of or responsible to the Consultant.
<br /> 9.12 STATEWIDE CONTRACT MANAGEMENT SYSTEM
<br /> If the maximum amount payable to Consultant under this Contract is $100,000 or greater, either
<br /> on the Effective Date or at anytime thereafter, this section shall apply.
<br /> Consultant agrees to be governed, and to abide, by the provisions of CRS 24-102-205, 24-102-
<br /> 206, 24-103-601, 24-103.5-101, 24-105-101, and 24-105-102 concerning the monitoring of
<br /> vendor performance on state contracts and inclusion of contract performance information in a
<br /> statewide contract management system.
<br /> Consultant's performance shall be subject to Evaluation and Review in accordance with the
<br /> terms and conditions of this Contract, State law, including C.R.S 24-103.5-101, and State Fiscal
<br /> Rules, Policies and Guidance. Evaluation and Review of Consultant's performance shall be part
<br /> of the normal contract administration process and Consultant's performance will be
<br /> systematically recorded in the statewide Contract Management System. Areas of Evaluation
<br /> and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of
<br /> information relevant to the performance of Consultant's obligations under this Contract shall be
<br /> determined by the specific requirements of such obligations and shall include factors tailored to
<br /> match the requirements of Consultant's obligations. Such performance information shall be
<br /> entered into the statewide Contract Management System at intervals established herein and a
<br /> final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Contract
<br /> term. Consultant shall be notified following each performance Evaluation and Review, and shall
<br /> address or correct any identified problem in a timely manner and maintain work progress.
<br /> Should the final performance Evaluation and Review determine that Consultant demonstrated a
<br /> gross failure to meet the performance measures established hereunder, the Executive Director
<br /> of the Colorado Department of Personnel and Administration (Executive Director), upon request
<br /> by the Principal Representative, and showing of good cause, may debar Consultant and prohibit
<br /> Consultant from bidding on future contracts. Consultant may contest the final Evaluation,
<br /> Review and Rating by: (a) filing rebuttal statements, which may result in either removal or
<br /> correction of the evaluation (CRS 24-105-102(6)), or (b) under CRS 24-105-102(6), exercising
<br /> the debarment protest and appeal rights provided in CRS 24-109-106, 107, 201 or 202, which
<br /> may result in the reversal of the debarment and reinstatement of Consultant, by the Executive
<br /> Director, upon a showing of good cause.
<br /> 9.13 BINDING EFFECT
<br /> Except as otherwise provided in 9.1, all provisions herein contained, including the benefits and
<br /> burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives,
<br /> successors, and assigns.
<br /> 9.14 COUNTERPARTS
<br /> This Agreement may be executed in multiple identical original counterparts, all of which shall
<br /> constitute one agreement.
<br /> 9.15 MODIFICATION
<br /> By the Parties, Except as specifically provided in this Agreement, modifications hereof shall not be
<br /> effective unless agreed to in writing by the Parties in an amendment hereto, properly executed and
<br /> approved in accordance with the Office of the State Architect.
<br /> By Operation of Law, This Agreement is subject to such modifications as may be required by
<br /> changes in federal or Colorado state law, or their implementing regulations. Any such required
<br /> Rev.5/2011 Page 8 of 10
<br /> SC-5.3
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