16.NOTICES and REPRESENTATIVES
<br /> Each individual identified below is the principal representative of the designating Party.All notices required to
<br /> be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such
<br /> Party's principal representative at the address set forth below. In addition to,but not in lieu of a hard-copy
<br /> notice,notice also may be sent by e-mail to the e-mail addresses, if any,set forth below.Either Party may from
<br /> time to time designate by written notice substitute addresses or persons to whom such notices shall be sent.
<br /> Unless otherwise provided herein,all notices shall be effective upon receipt.
<br /> A. State:
<br /> Ryan Edwards,Program Manager,
<br /> Water Project Loan Program
<br /> Colorado Water Conservation Board
<br /> 1580 Logan Street, Suite 600
<br /> Denver,CO 80203
<br /> Ryan.Edwards@state.co.us
<br /> B.Grantee:
<br /> Wayne Whittaker Elise Bergsten
<br /> Pisgah Resevoir and Co mpany Balanced Management Services Co.
<br /> PO Box 352 PO Box 1834
<br /> Rocky Ford,CO 81067 Colorado Springs,CO 80901
<br /> waynewhittaker32(a7yahoo.com elise @dmsc.us
<br /> 17.RIGHTS IN DATA,DOCUMENTS,AND COMPUTER SOFTWARE
<br /> Any software,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.The 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 IMMUNITY
<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,boards,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 governed,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 state 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 /> Page 10 of 15
<br /> i
<br />
|