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Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare
<br />derivative works.
<br />18. GOVERNMENTAL IMMITNITY
<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 m�imum 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-ZOS, §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 />Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or subgranted
<br />without the prior, written consent of the State. Any attempt at assignment, transfer, or subgranting without
<br />such consent shall be void. All assignments, subgrants, or Subgrantees approved by Grantee or the State are
<br />subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting
<br />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, deiine, or limit its provisions.
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