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17. RIGRTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWA.RE
<br />Any software, ressarch, reports, studies, data, photographs, negatives or other documents, drawings, models,
<br />materials, ar Work Product af any type, including drafts, prepared hy Grantee in the performance of its
<br />obligations under this Grant sha[l be the nonexclusive property ofthe State and, alt Work Product shall be
<br />delivered to the State by Grantee upon compietion or termination hereof. The State's exclusive rights in such
<br />Work Product shall include, but not be limited to, the right ta copy, publish, disp[ay, transfer, and prepare
<br />derivative works.
<br />18. GOVERNMENTAL �Y
<br />Natwithstanding any other provision to the contrary, nothing herein shali constitute a waiver, express or implied,
<br />af any of the immunities, rights, benefts, protection, or other provisions of the Colorado Governmental
<br />immunity Act, CRS §24-10-]01, et seq., as amended. Liability for olaims for injuries to persons or property
<br />arising from the negl'tgence of the State of Colorado, its departments, institutions, agencies, baards, officials,
<br />and employees is controlled and limited by the provisions of the Governmental Immunity Act and the risk
<br />management statutes, CRS §24-3Q-1501, et seq., as amended.
<br />19. STATEWIDE GRANT MANAGEMENT SYSTEM
<br />If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective Date
<br />or at anytime thereafter, this §19 applies.
<br />Grantee agrees to be governed, and to abide, by the provisions of CRS §24-I Q2-205, §I24-102-206, §24t43�6Q1,
<br />§24-103.5-101 and §24-105-102 concerning the monitoring ofvendor performance or� state Grants and inelusion
<br />of Grant performance information in a statewide Grant management system.
<br />Grantee's performance shall be subject to Evaluation and Review ia accordance with the terms and conditions of
<br />this Grant, State taw, ineluding CRS §24-103.5-1O1, and State Fiscal Rules, Poticies and Guidance. Evaluation
<br />and Review of Grantee's performance shall be part of the normal Grant adminish�ation process and Grantee's
<br />performance will be systematically recorded in the statewide Grant Management System. Areas of Evatuation
<br />and Review shall include, but shall not be timited to quality, cost and timeliness. Collection of information
<br />relevant to the performance of Grantee's obligations under this Grant shall be determimed by the specific
<br />requirements of such obligations and shall inctude factors tailored to match the requirements of Grantee's
<br />obtigations. Such performance inform$tion shall be entered into the statewide Grant Management System at
<br />intervals established herein and a final Evatuation, Review and Rating shall be rendec�d within 30 days of the
<br />end of the Grant term. Grantee shall be notified fotlowing each performance Evaluatian and Review, and shall
<br />address or corre,�ct any identified problem in a timely manner and maintain work progress.
<br />Should the final performance Evaluatian and Review determine that Grantee demonstrated a gross failuce to
<br />meet the performance measutes 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 fram bidding on future Grants. Grantee may �ontest the final
<br />Evaluation, Review and Rating by: {a) filing rebuttal statements, which rnay result in either removal or
<br />correction of the evaluation (CRS §24-145-3 02(6)), or (b) under CRS §24-105-] 02(b)` exercising the debarment
<br />protest and appeat rights provided in CRS §§24-I09-106, 107, 20l 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. Assignraent aud Subgrants
<br />Grantee's rights and obligations hereunder are personal and may not l� transferr�d, assigned or subgranted
<br />without the prior, written consent of the State. Any attempt at assi�t►ment, transfe�r, ar 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 shalt be sotaty respansibte for all �spects of subgrantiag
<br />anangements and performance.
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