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Contractor's performance shall be subject to Evaluation and Review in accordance with the terms and
<br /> conditions of this Contract,State law,including CRS §24-103.5-101,and State Fiscal Rules,Policies and
<br /> Guidance.Evaluation and Review of Contractor's performance shall be part of the normal contract
<br /> administration process and Contractor's performance will be systematically recorded in the statewide Contract
<br /> Management System.Areas of Evaluation and Review shall include,but shall not be limited to quality,cost and
<br /> timeliness.Collection of information relevant to the performance of Contractor's obligations under this Contract
<br /> shall be determined by the specific requirements of such obligations and shall include factors tailored to match
<br /> the requirements of Contractor's obligations. Such performance information shall be entered into the statewide
<br /> Contract Management System at intervals established herein and a final Evaluation,Review and Rating shall be
<br /> rendered within 30 days of the end of the Contract term. Contractor shall be notified following each
<br /> performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and
<br /> maintain work progress.
<br /> Should the final performance Evaluation and Review determine that Contractor 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 Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the fmal
<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 Contractor,by the Executive Director,upon a showing of good cause.
<br /> 20.GENERAL PROVISIONS
<br /> A.Assignment and Subcontracts
<br /> Contractor's rights and obligations hereunder are personal and may not be transferred,assigned or
<br /> subcontracted without the prior,written consent of the State.Any attempt at assignment,transfer,
<br /> subcontracting without such consent shall be void.All assignments, subcontracts,or Subcontractors
<br /> approved by Contractor or the State are subject to all of the provisions hereof.Contractor shall be solely
<br /> responsible for all aspects of subcontracting 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 Contract are for convenience of reference only,and shaII not be used to
<br /> interpret,define,or limit its provisions.
<br /> D. Counterparts
<br /> This Contract may be executed in multiple identical original counterparts,all of which shall constitute one
<br /> agreement.
<br /> E. Entire Understanding
<br /> This Contract 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 effect whatsoever,unless embodied herein.
<br /> F.Indemnification
<br /> Contractor shall indemnify, save,and hold harmless the State, its employees and agents,against any and all
<br /> claims,damages, liability and court awards including costs,expenses,and attorney fees and related costs,
<br /> incurred as a result of any act or omission by Contractor,or its employees, agents, Subcontractors,or
<br /> assignees pursuant to the terms of this Contract;however,the provisions hereof shall not be construed or
<br /> interpreted as a waiver,express or implied,of any of the immunities,rights,benefits,protection,or other
<br /> provisions,of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq.,or the Federal Tort
<br /> Claims Act,28 U.S.C.2671 et seq.,as applicable,as now or hereafter amended.
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