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under this Grant shall be the exclusive property of the State and, all Work Product shall be delivered to the State
<br />by Grantee upon completion or termination hereof. The State's exclusive rights in such Work Product shall
<br />include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. Grantee
<br />shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the
<br />performance of Grantee's obligations hereunder without the prior written consent of the State.
<br />18. GOVERNMENTAL IMV.MMUN1TY
<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 Immunity
<br />Act, CRS §24-10-101, et seq., as amended. Liability for claims for injuries to persons or property arising from the
<br />negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is
<br />controlled and limited by the provisions of the Governmental Immunity Act and the risk management statutes,
<br />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-!03.5-101 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 and
<br />Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to
<br />the performance of Grantee's obligations under this Grant shall be determined by the specific requirements of
<br />such obligations and shall include factors tailored to match the requirements of Grantee's obligations. Such
<br />performance information shall be entered into the statewide Grant Management System at intervals established
<br />herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Grant term.
<br />Grantee shall be notified following each performance Evaluation and Review, and shall address or correct any
<br />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 meet
<br />the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel
<br />& Administration (Executive Director), upon request by the DHSEM, and showing of good cause, may debar
<br />Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final Evaluation, Review
<br />and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation
<br />(CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights
<br />provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and
<br />reinstatement of Grantee, by the Executive Director, upon a 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 such
<br />consent shall be void. All assignments, subgrants, or Subgantees approved by Grantee or the State are subject
<br />to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting arrangements
<br />and performance.
<br />B. Binding Effect
<br />Except as otherwise provided in §20(A), all provisions herein contained, including the benefits and burdens,
<br />shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors, and assigns.
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