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A. State:
<br /> Chris Sturm,Program Manager,Water
<br /> Supply Planning Section
<br /> Colorado Water Conservation Board
<br /> 1580 Logan Street, Suite 200
<br /> Denver, CO 80203
<br /> Chris.Sturm@state.co.us
<br /> B. Grantee:
<br /> Jeff Shoemaker,Executive Director
<br /> The Greenway Foundation
<br /> 1040 S. Gaylord Street, Suite 201
<br /> Denver, CO 80209
<br /> wjs@greenwayfoundation.org
<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 /> requirements of such obligations and shall include factors tailored to match the requirements of Grantee's
<br /> obligations. Such performance information shall be entered into the statewide Grant Management System at
<br /> intervals established herein and a final Evaluation,Review and Rating shall be rendered within 30 days of the
<br /> end of the Grant term. Grantee 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 Grantee demonstrated a gross failure to
<br /> meet the performance measures established hereunder,the Executive Director of the Colorado Department of
<br /> Personnel and Administration(Executive Director),upon request by the CWCB, and showing of good cause,
<br /> may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final
<br /> Evaluation,Review and Rating by: (a) filing rebuttal statements,which may result in either removal or
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