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C. Purpose <br />Water efficiency grant to Castle Pines Metropolitan Dist to make a plan that will help save, conserve, and lower cost <br />of water. <br />D. Selection <br />This contract is exempt from the procurement code under §24- 101 -105 C.R.S. Through the process specified under <br />C.R.S. 37 -60 -124 in conjunction with the guidelines approved by the Colorado Water Conservation Board. <br />E. References <br />All references in this Contract to sections (whether spelled out or using the § symbol), subsections, exhibits or other <br />attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as <br />a part hereof, unless otherwise noted. <br />4. DEFINITIONS <br />The following terms as used herein shall be construed and interpreted as follows: <br />A. Budget <br />"Budget" means the budget for the Work described in Exhibit A. <br />B. Contract <br />"Contract" means this Contract, its terms and conditions, attached exhibits, documents incorporated by reference <br />under the terms of this Contract, and any future modifying agreements, exhibits, attachments or references <br />incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller Policies. <br />C. Contract Funds <br />"Contract Funds" means funds available for payment by the State to Contractor pursuant to this Contract. <br />D. Evaluation <br />"Evaluation" means the process of examining Contractor's Work and rating it based on criteria established in §6 and <br />Exhibit A. <br />E. Exhibits and other Attachments <br />The following are attached hereto and incorporated by reference herein: Exhibit A (Statement of Work). <br />F. Goods <br />"Goods" means tangible material acquired, produced, or delivered by Contractor either separately or in conjunction <br />with the Services Contractor renders hereunder. <br />G. Party or Parties <br />"Party" means the State or Contractor and "Parties" means both the State and Contractor. <br />H. Review <br />"Review" means examining Contractor's Work to ensure that it is adequate, accurate, correct and in accordance with <br />the criteria established in §6 and Exhibit A. <br />I. Services <br />"Services" means the required services to be performed by Contractor pursuant to this Contract. <br />J. Subcontractor <br />"Subcontractor" means third - parties, if any, engaged by Contractor to aid in performance of its obligations. <br />K. Work <br />"Work" means the tasks and activities Contractor is required to perform to fulfill its obligations under this Contract <br />and Exhibit A., including the performance of the Services and delivery of the Goods. <br />L. Work Product <br />"Work Product" �.� <br />means *'� e tangible or intangible results of Contractor's Work, including, but not limited -to, software; <br />research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, <br />surveys, maps, materials, or work product of any type, including drafts. <br />5. TERM <br />A. Initial Term -Work Commencement <br />The Parties' respective performances under this Contract shall commence when the State Controller or his delegate <br />signs the contract. This Contract shall terminate on December 31, 2013 unless sooner terminated or further extended <br />as specified elsewhere herein. <br />B. Two Month Extension <br />The State, at its sole discretion upon written notice to Contractor as provided in §16, may unilaterally extend the term <br />of this Contract for a period not to exceed two months if the Parties are negotiating a replacement Contract or an <br />amendment at or near the end of any initial term or renewal term. The provisions of this Contract in effect when such <br />notice is given, including, but not limited to prices, rates, and delivery requirements, shall remain in effect during <br />Page 2 of 13 <br />