B. Grantee:
<br />Ja Yea er, Mana er
<br />Santa Maria Reservoir Com an
<br />PO Box 288
<br />Monte Vista, CO 81 144
<br />�Icatiant�T�r`go'�ade:c�r�
<br />and
<br />r�c�c_y(c�,�maii.com
<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 hereo£ 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-] 501, 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-] 02 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 ofthis Grant, State law, including CRS §24-103.5-]O1, 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 perfonnance 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 tl�e 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 />Page I 1 of 16
<br />
|