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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 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 §24-1 05-102(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 shall 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. <br /> Page 11 <br />