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19. STATEWIDE CONTRACT MANAGEMENT SYSTEM
<br />If the maximum amount payable to Contractor under this Contract is $100,000 or greater, either on the Effective Date or at anytime
<br />thereafter, this §19 applies.
<br />Contractor agrees to be governed, and to abide, by the provisions of CRS §24 -102 -205, §24 -102 -206, §24 -103 -601, §24- 103.5 -101 and
<br />§24 -105 -102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a
<br />statewide contract management system.
<br />Contractor's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Contract, State
<br />law, including CRS §24 -103.5 -101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Contractor's performance
<br />shall be part of the normal contract administration process and Contractor's performance will be systematically recorded in the statewide
<br />Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness.
<br />Collection of information relevant to the performance of Contractor's obligations under this Contract shall be determined by the specific
<br />requirements of such obligations and shall include factors tailored to match the requirements of Contractor's obligations. Such
<br />performance information shall be entered into the statewide Contract Management System at intervals established herein and a final
<br />Evaluation, Review and Rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be notified following
<br />each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work
<br />progress.
<br />Should the final performance Evaluation and Review determine that Contractor demonstrated a gross failure to meet the performance
<br />measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive
<br />Director), upon request by the DNR, and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future
<br />contracts. Contractor may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either
<br />removal or correction of the evaluation (CRS §24- 105- 102(6)), or (b) under CRS §24- 105 - 102(6), exercising the debarment protest and
<br />appeal rights provided in CRS § §24 -109 -106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of
<br />Contractor, by the Executive Director, 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 subcontracted without the prior,
<br />written consent of the State. Any attempt at assignment, transfer, subcontracting without such consent shall be void. All
<br />assignments, subcontracts, or Subcontractors approved by Contractor or the State are subject to all of the provisions hereof.
<br />Contractor shall be solely 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 burdens, shall extend to and be
<br />binding upon the Parties' respective heirs, legal representatives, successors, 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 interpret, define, or limit
<br />its provisions.
<br />D. Counterparts
<br />This Contract may be executed in multiple identical original counterparts, all of which shall constitute one agreement.
<br />E. Entire Understanding
<br />This Contract represents the complete integration of all understandings between the Parties and all prior representations and
<br />understandings, oral or written, are merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not
<br />have any force or effect whatsoever, unless embodied herein.
<br />F. Indemnification
<br />Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all
<br />claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs,
<br />incurred as a result of any act or omission by Contractor, or its employees, agents, Subcontractors, or
<br />assignees pursuant to the terms of this Contract; however, the provisions hereof shall not be construed or
<br />interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other
<br />provisions, of the Colorado Governmental Immunity Act, CRS §24 -10 -101 et seq., or the Federal Tort
<br />Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended.
<br />G. Jurisdiction and Venue
<br />All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and
<br />exclusive venue shall be in the City and County of Denver.
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