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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 <br /> correction of the evaluation(CRS §24-105-102(6)),or(b)under CRS §24-105-102(6),exercising the debarment <br /> protest and appeal rights provided in CRS §§24-109-106, 107,201 or 202,which may result in the reversal of <br /> the debarment and reinstatement of Grantee,by the Executive Director,upon showing of good cause. <br /> 20. GENERAL PROVISIONS <br /> A. Assignment and SubGrants <br /> Unless otherwise specified in Exhibit A, Statement of Work,Grantee's rights and obligations hereunder are <br /> personal and may not be transferred,assigned or subGranted without the prior,written consent of the State. <br /> Any attempt at assignment,transfer,subGranting without such consent shall be void.All assignments, <br /> subGrants,or Sub-grantees approved by Grantee or the State are subject to all of the provisions hereof. <br /> Grantee shall be solely responsible for all aspects of subGranting arrangements and performance. <br /> B.Binding Effect <br /> Except as otherwise provided in§20(A),all provisions herein contained, including the benefits and <br /> burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors, <br /> and assigns. <br /> C. Captions <br /> The captions and headings in this Grant are for convenience of reference only, and shall not be used to <br /> interpret,define,or limit its provisions. <br /> D. Counterparts <br /> This Grant may be executed in multiple identical original counterparts,all of which shall constitute one <br /> agreement. <br /> E. Entire Understanding <br /> This Grant represents the complete integration of all understandings between the Parties and all prior <br /> representations and understandings,oral or written,are merged herein.Prior or contemporaneous additions, <br /> deletions, or other changes hereto shall not have any force or affect whatsoever,unless embodied herein. <br /> Page 11 of 16 <br />