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<br />17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE
<br />Any software, research, reports, studies, data, photographs, negatives or other documents, drawings,
<br />models, materials, or Work Product of any type, including drafts, prepared by Grantee in the performance
<br />of its obligations under this Grant shall be the nonexclusive property of the State and, all Work Product
<br />shall be delivered to the State by Grantee upon completion or termination hereof. The State's nonexclusive
<br />rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer,
<br />and prepare derivative works.
<br />18. GOVERNMENTAL IMMUNITY
<br />Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or
<br />implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado
<br />Governmental Immunity Act, CRS §24 -10 -101, et seq., as amended. Liability for claims for injuries to
<br />persons or property arising from the negligence of the State of Colorado, its departments, institutions,
<br />agencies, boards, officials, and employees is controlled and limited by the provisions of the Governmental
<br />Immunity Act and the risk 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
<br />Date 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-
<br />103 -601, §24- 103.5 -101 and §24 -105 -102 concerning the monitoring of vendor performance on state
<br />Grants and inclusion 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
<br />conditions of this Grant, State law, including CRS §24- 103.5 -101, and State Fiscal Rules, Policies and
<br />Guidance. Evaluation and Review of Grantee's performance shall be part of the normal Grant
<br />administration process and Grantee's performance will be systematically recorded in the statewide Grant
<br />Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality,
<br />cost and timeliness. Collection of information relevant to the performance of Grantee's obligations under
<br />this Grant shall be determined by the specific requirements of such obligations and shall include factors
<br />tailored to match the requirements of Grantee's obligations. Such performance information shall be entered
<br />into the statewide Grant Management System at intervals established herein and a final Evaluation, Review
<br />and Rating shall be rendered within 30 days of the end of the Grant term, Grantee shall be notified
<br />following each performance Evaluation and Review, and shall address or correct any identified problem in
<br />a timely manner and maintain work progress.
<br />Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure
<br />to meet the performance measures established hereunder, the Executive Director of the Colorado
<br />Department of Personnel and Administration (Executive Director), upon request by the CWCB, and
<br />showing of good cause, may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee
<br />may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in
<br />either removal or correction of the evaluation (CRS §24 -105- 102(6)), or (b) under CRS §24- 105 - 102(6),
<br />exercising 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 Grantee, by the Executive Director, upon
<br />showing of good cause.
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