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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
<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.
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