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Request for Proposal State of Colorado History Colorado Notice Number: Notice Status: Draft Notice # Notice Revisions: Project No: HCC-RFP-2015-1 Project Title: Computer Modernization Table of Contents

1. General Information ......................................................................................................3

2. 3. 4.

5. 6. 7.

1.1 Colorado Vendor Self Service System (ColoradoVSS) and Registration....................................................... 3 1.2 Purpose ........................................................................................................................................................ 3 1.3 Term of Purchase Order .............................................................................................................................. 3 1.4 Solicitation Questions, Notices and Submission .......................................................................................... 3 1.5 Award Information ...................................................................................................................................... 4 1.6 Performance ................................................................................................................................................ 4 1.7 Minimum Specifications for Response ....................................................................................................... 5 1.8 Purchase Order/Contract ............................................................................................................................ 5 1.9 Rights in Data, Documents and Computer Software ................................................................................... 5 1.10 Number of Awards..................................................................................................................................... 6 1.11 Payment Schedule ..................................................................................................................................... 6

Introduction ..........................................................................................................................6 Goals and Objectives .................................................................................................... 8

3.1 Goals ........................................................................................................................................................... 8 3.2 Objectives ................................................................................................................................................. 10

Scope of Work and Deliverables ................................................................................. 11 4.1 Requirements ........................................................................................................................................... 11

4.2 Development and Testing ......................................................................................................................... 11 4.3 Project Management ................................................................................................................................ 11 4.4 Acceptable Formats, i.e. report, documents, data or software ............................................................... 11 4.5 Project Management Controls.................................................................................................................. 11 4.6 Reporting and Meeting ............................................................................................................................. 12

Vendor Qualifications ................................................................................................ 12 Responsibilities .......................................................................................................... 12 Submittal Requirements ............................................................................................. 13 7.1 General Instructions ................................................................................................................................. 13 7.2 Pate Limit .................................................................................................................................................. 14 7.3 Response ................................................................................................................................................... 14

8. Evaluation Criteria ...................................................................................................... 15 9. Acceptance Criteria .................................................................................................... 15 10. Terms and Funding ..................................................................................................... 15 Page 1 of 67

11. Definitions.................................................................................................................. 15 Appendix A: Modernized System diagrams/information ................................................... 18 I. Part I: Conceptual Vision ............................................................................................................................. 18 II. Part II: System Functions to Automate Processes ...................................................................................... 19 III. Part III: Business Requirements Summary ................................................................................................. 20 IV. Part IV: Section 106 Process ...................................................................................................................... 21 1. Current 106 Process ......................................................................................................................... 21 2. Paperless 106 Process ...................................................................................................................... 27 V. Part V: National/State Register Process: .................................................................................................... 38

Appendix B: Dissemination of Information Form ................................................................... 44 Appendix C: Sample State Contract ......................................................................................... 47

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I.

General Information

Except as modified or supplemented in the solicitation, the following provisions supplement the ColoradoVSS Solicitation Instruction and Terms and Conditions. 1.1 Colorado Vendor Self Service System (ColoradoVSS) and Registration This solicitation is published using the Colorado Vendor Self Service (VSS). Vendors must be registered on ColoradoVSS in order to download solicitation documents and information. ColoradoVSS and its registration information may be found through the State Purchasing Office link at https://codpavss.hostams.com/webapp/PRDVSS1X1/AltSelfService. 1.2 Purpose The Office of Archaeology and Historic Preservation (OAHP) is seeking contractor services to help the OAHP design and price out a modernized computer system, as well as produce a working file upload system such as a secure client portal that will allow for the delivery of digital products from federal and state agencies and contractors. The vendor whose proposal is determined to be in the best interest of the OAHP will be awarded a purchase order/contract for the project. 1.3 Term of Contract The services shall commence when the purchase order/contract is issued, approximately April 10, 2015. The expenditure is not to exceed a combined total of $125,000. 1.4

Solicitation Questions, Notices and Submission

Questions: All questions regarding this solicitation are to be submitted via the ColoradoVSS system. Questions are due by February 17, 2015 at 4:00 p.m. MST and answers to all questions will be published to all parties by February 20, 2015 at 4:00 p.m. MST. Notices: During the solicitation process for this quote, all official communication with vendors will be via notices on Colorado’s ColoradoVSS system. Notices may include any modifications to administrative or performance requirements, answers to inquiries received, clarifications to requirements, and the announcement of the apparent winning vendor. It is incumbent upon vendors to carefully and regularly monitor ColoradoVSS for any such notices. Solicitation Submission: The proposal, including cover page complete with signature, must be received no later than March 4 at 4:00 p.m. MST. The quote is required to be submitted electronically via the ColoradoVSS system. Emails should state the following in the subject line: “HCC-RFP-2015-1: Computer Modernization.” In addition, include name of your firm on each page of response documents. Page 3 of 67

1.5 Award Information Pricing must remain firm for the entire term of the purchase order. Any unique changes or modifications to the purchase order will be negotiated on a case-by-case basis ONLY, with final determination made by OAHP. The OAHP reserves the right to reject all quotes and re-solicit at any time prior to purchase order start date. The OAHP reserves the right to cancel this solicitation in its entirety at any time without penalty. Illegible quotes or writing shall be deemed non-responsive and will not be evaluated. A quote with missing or inconsistent information may be considered non-responsive and may not be evaluated. Do not qualify your quote nor alter the solicitation format. The OAHP will be the sole judge in determining the acceptability of an offer. The OAHP also reserves the right to reject any or all quotes in part or in whole and to waive technicalities as allowed in the Procurement Rules. 1.6 Performance The OAHP may require additional information of the apparent successful vendor to determine their ability to perform. Vendors must guarantee to the OAHP that they understand and agree to the terms and conditions of the solicitation; guarantee a continuing supply and consistent quality of the service offered; and that they will not default from performance by virtue of a mistake or misunderstanding. The Awarded Offeror shall comply with the requirements of the solicitation. If a vendor fails to perform, the OAHP reserves the right to take remedial action including cancellation of the purchase order (with a 30 day written notice) for cause (default). Cause is defined as failure to meet requirements of the written specifications and conditions, or correct deficiencies upon receipt of notice. Failure to maintain satisfactory performance after notice will be sufficient cause for immediate cancellation of the purchase order. In the event of default, the OAHP may make an award to the next highest scoring vendor or to re-solicit at its discretion. By responding to this solicitation, the vendor certifies that it shall comply with the provisions of Section 8-17.5-101, C.R.S. et seq. The vendor shall not knowingly engage an illegal alien to perform work under the resulting contract, or enter into a contract with a subcontractor that fails to certify to the vendor that the subcontractor shall not knowingly engage an illegal alien to perform work under the contract. The vendor represents, warrants, and agrees that it (i) will verify that it does not engage any illegal aliens through participation in the federal Basic Pilot Employment Verification Program and (ii) otherwise will comply with the requirements of Section 8-17.5-102(2)(b), C.R.S. The vendor shall comply with all reasonable requests made in the course of an investigation under Section 8-17.5-102, C.R.S. Failure to comply with any requirement of this provision or Section 8-17.5-101 et seq. C.R.S, shall be cause for termination for breach and the vendor shall be liable for actual and consequential damages. Page 4 of 67

The vendor, if a natural person eighteen (18) years of age or older, hereby swears or affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of Section 24-76.5-101 et seq. C.R.S., and (iii) shall produce one form of identification required by Section 24-76.5-103, C.R.S. prior to the effective date of the resulting contract. Awarded bidder(s) are expected to become familiar with State of Colorado rules and regulations regarding Personnel, Procurement, and Fiscal rules, as well as comply with any Executive Orders or other decisions regarding the State of Colorado and use of Personnel Services. 1.7 Minimum Specifications for Response Offerors must be able to demonstrate their ability to perform according to the terms of this solicitation. Offerors will be required to have experience in providing this type of service to organizations of similar size and complexity. The OAHP may require additional information of the apparent successful Offeror to determine their ability to perform. This information may include, but is not limited to, previous experience of company; years in business; financial condition; references as to size and scope of work done within the last two years. 1.8 Purchase Order/Contract The OAHP has issued a Request for Proposal for Services. The Request for Proposal for Services is not to exceed $125,000 for the entire procurement. Per State procurement rules, if the cost of services falls below $100,000, the OAHP will issue to the successful vendor a Purchase Order. If the cost of services is over $100,000 or the OAHP believes it will be in its best interest to enter into a state contract, it will do so. Any and all exceptions to the terms and conditions contained in this Request for Proposal for Services must be included in the bidder’s proposal. Failure to specifically state an exception shall be conclusively deemed a waiver of any such objection. Bidders are cautioned that the State believes modifications to the standard provisions, terms and conditions constitute an increased risk to the State and increased costs. Therefore, the scopes of requested exceptions are considered in the evaluation of proposals. Prices are expected to be firm, fixed price, and fixed rates in United States funds. Estimated proposal prices are not acceptable. Quotes submitted must include all related costs (e.g., surcharges). Any costs not included as part of the RFP response for the services requested will be disallowed. Cost Responses OAHP anticipates this to be a three (3) month effort, not to exceed six (6) months and cost response must be a firm, fixed-price, broken down by the tasks listed in section 3. Proposals which exceed $125,000.00 will not be considered for award. Cost responses to include all required expenses to fulfil the project SOW, (e.g., supplies, travel, lodging, phone calls) NO ADDITIONAL COSTS WILL BE REIMBURSED. 1.9 Rights in Data, Documents, and Computer Software Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or work product of any type, including drafts, prepared by Offeror in the Page 5 of 67

performance of its obligations under the resulting contract (the Work Product) shall be the exclusive property of the State, and Offeror shall deliver all such Work Product to the State upon completion, termination, or cancellation of the contract. The rights of the State with respect to such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use such Work Product. The parties acknowledge that any Work Product developed from Federal funds may be the property of the Federal government, in which case the State reserves a royalty-free, non-exclusive, irrevocable license to reproduce, publish and otherwise use, and authorize others to use, such Intellectual Property for the purposes of the State and the Federal government. The Awarded Offeror shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of Awarded Offeror’s obligations under the purchase order/contract, without the prior written consent of the State. The State shall be the owner of all licenses to third party proprietary operating and vendor software packages provided by Offeror. 1.10 Number of Awards This RFP will ideally result in one prime contract with an Awarded Vendor that will be responsible for fulfilling the requirements identified in the Statement of Work. The OAHP may decide to award more than one contract as a result of this RFP should one Offeror not be identified. 1.11 Payment Schedule Requests for Payments will be based on completion of phases and/or the Awarded Offeror(s) services rates. Upon completion of each phase, review and acceptance of the work shall be performed as stated in Documented Quote. The Vendor shall submit an invoice and supporting documentation to the OAHP Project Manager. The invoice cost breakout shall be for each task (deliverable) showing cost of the task and any other breakout necessary as explanation of the total cost reimbursement requested. The OAHP reserves the right to make minor changes in scope through a purchase order/contract amendment by mutual agreement with Awarded Offeror.

2. Introduction The National Historic Preservation Act (1966) called for the creation of State Historic Preservation Offices (SHPOs) to act as liaisons between federal, state, local, and tribal groups to aid in implementation of the act. History Colorado, an agency within the Department of Higher Education, houses Colorado’s SHPO, which is called the Office of Archaeology and Historic Preservation. One of the primary duties of the SHPO is to consult with federal agencies under Section 106 of the National Historic Preservation Act. Section 106 requires federal agencies to consider the effects of projects they carry out, approve, or fund on historic properties and to provide the SHPO an opportunity to comment. To this end, the OAHP handles more than 2,500 separate consultations with federal agencies a year and represents the state on historic preservation matters in business with the two resident Ute tribes and the 45 other tribes with historic ties to Colorado. Additionally, the office administers the federal and state historic tax credit programs, and it organizes, trains, and oversees the 51 certified local governments in Colorado that manage local historic preservation programs. Page 6 of 67

Much of the data that is collected from the above programs are confidential and exempt from both the Colorado Open Records Act and the Freedom of Information Act. The office also houses the State Archaeologist, who fulfills a variety of state historic preservation duties ranging from overseeing museum collections to aiding coroners with human burial discoveries. The OAHP administers the state and national registers of historic places for Colorado. The National Register of Historic Places (NRHP) is the official list of the Nation's historic places worthy of preservation. It is part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect America's historic and archeological resources. In addition to the NRHP, Colorado maintains a similar list called the Colorado State Register of Historic Properties. Finally, the office is mandated by federal law to maintain an inventory of historic properties that are identified as a part of the Section 106 review process. Although, Colorado created the Site Files database based on the requirements of Section 106, data from the programs listed above are also managed and disseminated through Site Files. The OAHP’s current IT infrastructure limits many business processes to the transmission of paper reports, business letters, and the manual input of digital data from these paper reports. This system is largely unchanged from the one installed more than 15 years ago. It has served the department well, but is now significantly outdated. The present data can be queried in a limited format through an Internet-accessible program, and these data typically have more than 130,000 unique views each year. They are used daily by approximately 350 key state, federal, tribal, and private partners as they plan new developments, manage Colorado’s federal and state lands, revitalize historic downtown districts, or tell the histories of their communities. The Governor's Office of Information Technology provides a full range of information and communications technology (ICT) services. Our operational domain includes data centers, servers, mainframe operations, storage, operating systems, the voice and data network, and the development and support of enterprise and agency-specific (line of business) IT applications and services. It is through this entity that some of the OAHP’s systems are hosted and managed. Below is a brief description of the systems utilized by the OAHP: •

Site Files Database– The operating system is Microsoft SQL 2005. Data resides on a server maintained by OIT, so it is behind state firewalls. The data is only accessed by employees of OAHP and SHF.



Compass Database – Compass is an on-line cultural resource database administered by the OAHP. It provides qualified individuals with access to much of the data available from the Site Files database. Compass users can perform searches based on location, cultural site attributes, and cultural resource management criteria. The system includes data from Site Files and GIS systems as well as scanned images. The operating system is Microsoft SQL 2008. Data resides on a server maintained by OIT. There are five different levels of access are controlled by the Compass administrator. Page 7 of 67



Web Site – http://www.historycolorado.org/oahp The OAHP uses the web site to disseminate information about the various programs and duties of the SHPO, as well as to promote general information about historic preservation throughout Colorado. It is also the access point to Compass. It runs on a Drupal 6 Content Management System. Hosted by Rackspace. This system is available to anyone over the Internet.



GIS The OAHP utilizes GIS to depict the location of cultural resources and the surveys performed to identify them. The mapped locations are assigned the same unique resource/survey number that is found in both the Site Files or Compass systems. Currently ArcView 3.2/10.2. Program resides on individual computers, hence the use of two different versions. Data resides on a server maintained by OIT, so it is behind state firewalls. The data is accessed by employees of the OAHP and SHF.

None of these systems are physically integrated with one another. Site Files, Compass, and GIS have unique identifiers that allow the OAHP to integrate the data outside of their natural environments. Much of the business of the office is still confined to paper. The proposed modernization project supports a long-term vision of paperless processes to significantly speed up consultations, accelerate decisions regarding development options, increase office efficiency, decrease long-term personnel costs, provide for faster integration and dissemination of data to partners, and ensure sustainability. Without the needed improvements there are increasing risks to our department’s abilities to meet consultation timeframes for reviews and to deal with emergency situations such as a floods or fires. The problems and risks inherent in the department’s aging IT system is an issue confronted by all states, and the OAHP has actively discussed modernization options with other SHPOs, especially those in the west, to actively explore solutions that may be already available. Lessons learned from significant recent upgrades to the SHPO data systems in New Mexico, Washington State, and Virginia will be incorporated into the modernization of Colorado’s new system. Additionally, inputs will be sought from federal, state, private partners and end users throughout the design, development, and test stages of this phase as well as the entire modernization effort.

3. Goals/Objectives 3.1 Goals There are two key goals that the OAHP would like to achieve in this phase: Discovery Plan and File Upload System. Discovery Plan The discovery plan that would create a plan for taking our current systems (Site Files, GIS and Compass listed above) and integrating them into one role based, scalable, extensible database that allows for both robust and easy intake and reporting of deliverables and data. The discovery plan should indicate what part of the current systems can be reused, which elements could be produced as Page 8 of 67

separate modules, and a phasing of those modules into logical releases. In addition, it should consider which could be integrated in to an extensible database at a later date, possibly over a three year period. The plan will be developed in consultation with the OAHP’s federal and state partners. The list below is intended to represent the types of functionality that will comprise the database and its modules. It is not intended to guarantee the order of the implementation of the phases, as the OAHP may adjust the implementation schedule to best meet its needs and resources. The OAHP Modernization will be implemented in phases, including the following: 1. Intake of cultural resource information in a digital format 2. Migration of existing data in to web based system 3. Spatial enablement of the OAHP database 4. Access to the database by outside agencies 5. Integration of scanned documents 6. Implementation of e-106 7. Robust report writing capabilities 8. Integration of data collected by apps 9. Generation of automated correspondence As a part of the discovery plan, it is expected that the vendor will review, validate and provide their own recommendations on the order of the modules and how they are phased. The OAHP anticipates there will be three facets to the discovery plan phase of work. The first will ensure that the vendor produces a plan that reflects an inclusive and accurate description of OAHP’s current system based on input with OAHP and OIT staff as well as the modernized systems diagrams/information provided in Appendix A. The vendor will then use these data to map the sequence and nature of the modular changes that will address OAHP’s anticipated needs and long term goals for a new system. A draft design will be generated for presentation and review by key OAHP staff. The second facet will ensure input on the draft design from a sample of at least three and no more than five of OAHP’s primary stakeholders—federal and state agencies and Cultural Resource Management (CRM) partners. This input may be solicited through a round table discussion, intensive interviews, or other means. The intent is to present the draft design to these stakeholders and receive feedback for further design refinement. The third facet of the discovery phase will result in a final proposed design for OAHP’s computer modernization and a modular plan for its development. The vendor will document the minimal system requirements and costs to implement the full design. File Upload System The second goal would be to produce one module of functionality, the file upload system, which would allow for the transfer of electronic deliverables from federal and state agencies to the OAHP, in Page 9 of 67

a secure manner. The discussions with the OAHP’s partners should highlight the file upload system to ensure the needs of the stakeholders are addressed and incorporated into a prototype. 3.2 Objectives OAHP would like to realize the following objectives: 1) An in-depth discovery plan guided by the OAHP staff and its constituents. The plan should, at a minimum, address: a) Automating the 106 Process b) Automating the National/State Register Process c) Reusing the existing system where possible when to do so supports the overall technology vision d) Allowing additional stakeholders and user groups access to the modernized database e) Accommodating additional SHPO and key partner business processes f) Full compatibility with the GIS solution g) Compatibility with tablet and phone technologies and applications h) Efficient upload, storage and retrieval of data i) Robust reporting capability j) Meeting the state’s security needs k) Recommended phasing/implementation approach 2) A File Upload System that should, at a minimum, have the following functionality: a) Separate accounts with unique login and password credentials b) Intuitive User Interface c) Meeting the state’s security needs d) System that has the capability to expand to possibly include: i) Automatic email notification once deliverables have been uploaded ii) Integration with in house data storage systems e) Consideration of future design

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4. Scope of Work and Deliverables 4.1

Requirements A. The vendor will be responsible for designing a solution that will enable the OAHP to meet the

goals stated above.

B. The successful vendor will provide a bid that prices out the two objectives, Discovery Plan and File Upload System, individually. C. The vendor will provide training for the OAHP staff (three people), as necessary, on how to use and maintain the file upload system. D. The vendor will provide written documentation of how the system is configured, detailing the parameters of the system and how to set it up. 4.2

Development and Testing A. The successful vendor will host the development and the testing of the application. During development and testing, the OAHP staff must be able to regularly view progress/provide feedback over the Internet or in person. An agile development process or similar system to ensure good communication during development and testing should be part of the proposal. B. History Colorado (HC) will not provide a dedicated office, phone, desk, or computer, but will make them available as needed for limited periods of time not to exceed a week.

4.3.1 Project Management A. The vendor will provide bi-weekly status reports and update meetings with the OAHP. B. The vendor will be responsible for providing measures of success for the recommended processes. 4.4

Acceptable formats, i.e. report, documents, data, or software A. All design documents, maintenance documentation and professional development

documentation shall conform to the OAHP and State Office of Information Technology (OIT) standards.

4.5

Project Management Controls

This includes minimum requirements for management structure and supervisory presence.

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• • •

4.6

All vendor personnel on this project will adhere to the development process agreed to by the OAHP Project Manager and/or Project Team. Vendor personnel will also adhere to the systems requirements defined by the Project Team. Documents prepared by the vendor will be reviewed and agreed to by OAHP and the Project Team. Reporting and Meetings





Vendor shall provide a bi-weekly written report and status meeting (via teleconference or in person) to the OAHP Project Manager detailing progress, issues and concerns with project development and milestones. Per mutual agreement additional or more frequent status reports may be requested at any time during the project.

5. Vendor Qualifications Below are the minimum mandatory qualifications along with the desired qualifications for this project. Mandatory Qualifications: •

The vendor must demonstrate previous experience in projects involving web based databases.



Must demonstrate knowledge of database systems and their applicability to specific data sets.



Must have staff capable of training non-technical personnel in use and administration of the File Upload System.

Desired Qualifications: •

Must have a good sense of humor.



Must demonstrate flexibility in problem solving and system design.

6. Responsibilities •

It will be the responsibility of the vendor to meet the scope of the project by providing appropriate information/documentation, as well as adequate resources to ensure the success of this project.



Vendor will provide a description of specific personnel that will be assigned to accomplish critical tasks for the project.



Vendor shall adhere to existing structures and standards currently in use by OAHP. Any software version upgrades or extensions must be approved in advance by OAHP.

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Required security procedures •

All vendor personnel on this project shall adhere to the existing OAHP Dissemination of Information Policy. The vendor and their personnel shall protect the confidentiality of all cultural resource locations.

Additional Requirements •

Contractor must be registered with the Secretary of State to do business in the State of Colorado



All contractor personnel assigned to this project must be available for the duration of this project. The OAHP Project Team Responsibilities



It will be the responsibility of the OAHP Project Team to assist the contractor by providing appropriate information, software, and people to ensure the successful completion of this project.



The OAHP will facilitate the availability of key partners and external stakeholders



The OAHP Project Manager will sign off on all user acceptance test results.



Following the issuance of the purchase order/contract the OAHP will hold a kick-off meeting to address all project logistics and roles.

7. Submittal Requirements 7.1

General Instructions

Please address the 8 points below. A. Summarize the Company’s relevant experience and qualifications. Provide Web addresses for any comparable projects completed by the company. B. Summarize (preferably in matrix form) the applicable experience, education, time commitment, and position/role of each staff to be assigned to the project. Identify the vendor’s Project Manager and clearly state their responsibilities and authority. C. Describe the order in which you propose to accomplish the two objectives, Discovery Plan and File Upload System, defined in the Section 3 Goals/Objectives, and explain why. Provide a time frame showing estimated hours and cost for each objective. D. Describe the training to be provided for three OAHP technical staff who will manage and administer the application. E. Describe the approach to be used for demonstrating functionality and gathering feedback from OAHP staff and selected partners for both the Discovery Plan and the File Upload Page 13 of 67

System.F. Describe your project management approach including issue and risk management methodology G. Describe development approach, methodologies and standards] H. Include any additional information you think may be relevant and useful. A key differentiator in awarding of this solicitation will be the range and degree of experience as well as the depth and quality of resources that an offeror presents. Vendors are therefore advised to respond comprehensively to this section. Responders also have the opportunity to detail additional expertise and specialized services that they feel may be relevant to this OAHP project. 7.2 Page Limit Proposals shall include the following information and is not to exceed 15 pages (two sided for a total of 30 single sided) excluding qualifications, resumes and attachments. Proposals exceeding the 15 pages may be disqualified. 7.3 Response Response must include: •

A narrative addressing the vendor’s background and experience related to the goals and objectives of Section 3 and scope of work and deliverables of Section 4.



Copies of document(s) verifying the vendor’s qualifications as detailed in Section 5 of this solicitation. 1. Include information and resumes for each proposed employee to be assigned to the project if awarded, include names, position descriptions, qualifications, and a resume for each worker. Resumes must document all relevant qualifications, experience and education. Also, the vendor shall provide at least two (2) references and may elect to provide up to three (3) additional references from current and/or past customers from within the last three years, of projects with comparable size and scope, who can attest to the vendor’s experience and qualifications as it relates to the scope of the work described above. OAHP reserves the right to independently identify and contact other references. Each reference must include the following information: 2. 3. 4. 5. 6. 7.

Client Name Project Name Contact Name Contact Title Contact Phone Number Contact E-Mail Address

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A primary vendor point of contact for the project, including name, position description, phone number, and e-mail address. In addition to submissions of the proposal, vendors submitting a proposal may, at the option of the OAHP, be required during the evaluation of this solicitation to make a formal presentation to and/or attend a meeting to discuss the proposal with members of the OAHP.

8. Evaluation Criteria

The following criteria, at a minimum, may be used in determining the best vendor possible for this project. 1. 2. 3 4.

Vendor and Personnel Qualifications Vendor & Personnel Experience Project Understanding and Approach Price

9. Acceptance Criteria

The OAHP will conduct a review to ensure all deliverables have been met. Once the OAHP is satisfied with the deliverables, the Project Sponsor will sign the User Acceptance at the end of the project and forward to contractor’s Project Manager. The contractor will provide a final report of all work completed during this project. The vendor and OAHP Project Manager shall jointly verify that all required systems documentation has been completed and submitted to the OAHP. The OAHP Project Manager shall sign off upon final review and acceptance.

10. Terms and Funding

The anticipated term resulting from this RFP will be from the issuance of the purchase order or contract, approximately three (3) to six (6) months in duration, which will expire on 10/1/2015. The resulting PO or Contract is subject to and contingent upon the continuing availability of state and/or federal funds for the purpose thereof. The vendor recognizes that it is to be paid, reimbursed or otherwise compensated with funds provided to the Department for the purpose of contracting for the services provided herein. The vendor expressly understands and agrees that all its rights, demands and claims to compensation arising under the resulting PO or Contract are contingent upon receipt of such funds by the Department. In the event that the Department does not receive such funds, or any part thereof, the Department may immediately terminate the resulting PO or Contract without liability, including liability for termination cost.

11. Definitions Awarded Offeror: “Awarded Offeror” means the Offeror whose response the State determines to be most advantageous considering the factors set forth below and whose response(s) is Page 15 of 67

approved and accepted by the State which enables the State to undertake a contract with the Offeror for the purchase of the services and/or goods. Bid: Technically, an offer in response to a traditional price-based solicitation. "Bid" is often used more generally to mean any type of procurement or contracting offer, sometimes having the same meaning as "proposal" (which is an offer in response to a Request for Proposals). Bidder: Technically, any organization or individual submitting a quote/bid/proposal in response to a traditional price-based solicitation. "Bidder" is often used more generally to mean any organization or individual submitting an offer in response to any type of procurement solicitation. In the case of an RFP, the term "Offeror" is more properly used. BIDS: The State of Colorado's ColoradoVSS Web site, located at: https://codpavss.hostams.com/webapp/PRDVSS1X1/AltSelfService All solicitations published by State agencies and institutions are published on ColoradoVSS. All bidders or Offerors wishing to respond to a solicitation (including this RFP) must be registered with ColoradoVSS. Contractor: The Company or individual that is awarded as the result of this solicitation. Same as "vendor", “offeror”, "selected Offeror," "successful Offeror", or “awarded vendor”. C.R.S.: Colorado Revised Statutes. RFP-Request for Proposal: A procurement solicitation that seeks offers from organizations or individuals to perform the scope of work defined in the RFP, in accordance with the terms listed in the RFP. A RFP is issued with the intent of selecting the most advantageous offeror, making an award to that Offeror, and entering into a contract. Proposal: An offer in response to a Request for Proposal (RFP). interchangeably with the terms "bid," "offer," or "response."

Sometimes used

Selected Offeror: The Offeror that is awarded the contract that results from a RFP. Solicitation: A document issued by a prospective buyer that requests competitive offers from organizations or individuals to sell the goods or services that are specified in the document. A solicitation typically results in an award of a contract or purchase order for the goods or services, based on an award methodology defined in the solicitation. Types of solicitations issued by State of Colorado agencies include: Requests for Proposals (RFPs), Invitations for Bids (IFBs), and Requests for Documented Quotes (DQs). SOW: Statement of Work State: The State of Colorado, in the case of this RFP represented by the State Purchasing Office on behalf of the Colorado Department of Education. Page 16 of 67

Successful Offeror: Same as "selected Offeror." Vendor: Any organization or individual that seeks to provide, or is already providing, goods or services. Often synonymous with “offeror”, “selected, successful, or awarded Offeror”.

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Appendix A: Part I: Conceptual Vision

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Part II System Functions to Automate Processes

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Part III Business Requirements Business Requirements Summary: The following are business requirements of the entire system to be addressed in the Discovery Plan. • All records are connected to the location of record on the map • Electronic submissions of all data • Ability to quickly add site data that may not be related to 106 but may be of value • Federal agencies would be able to approve submissions from contractors before allowing SHPO to review • Open to having data entered into a SHPO system as long as it isn’t viewed by SHPO until agency has ‘approved’ and is requesting concurrence • To avoid contractors performing unauthorized work, have the electronic routing of Field Work Authorization form • Configure reports

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Part IV Section 106 Process: 1.

Current Section 106 Process

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2.

Paperless 106 process:

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Process Name:

800.3 Initiate 106 Review

Process Description:

In the National Historic Preservation Act of 1966 (NHPA), Congress established a program requiring consideration of historic preservation in projects with federal involvement. Section 106 requires federal agencies to consider the effects of projects they carry out, approve, or fund on historic properties and to provide the Advisory Council on Historic Preservation (ACHP) an opportunity to comment. Federal agencies are responsible for initiating Section 106 review, most of which takes place between the state and tribal or Native Hawaiian organization officials. In the case of states, the State Historic Preservation Officer, who is appointed by the governor, coordinates the state's historic preservation program and consults with agencies during the Section 106 process.

Individuals Involved in Process:

Information Management, Intergovernmental Services, Archaeology, Historical, Partner (federal agency). NOTE: Archaeology and Historical are part of Intergovernmental Services.

No.

Step Name

Description

Role

Additional Details

800.3.10

Submit Request for Consultation

When a project has been established as an undertaking and OAHP has been identified as SHPO to be consulted, they submit an application via the system by completing registration form and uploading data and/or attachments. The system should accommodate programmatic agreements. NOTE: System should facilitate submissions that provide enough information on the initial submission so that subsequent requests for additional information are unnecessary. (e.g., forms cannot be submitted without required information and non-applicable fields are grayed out) NOTE: As part of the submission, federal agencies should specify what other agencies they have contacted as part of the section 106 process (e.g., cities, tribal agencies; check a box and then enter the name for each entity) NOTE: If application is not submitted electronically, the forms, report, and letter would be received via US mail, scanned, and data would be entered into the system by OAHP staff.

Partner (Lead Agency)

Account determines: ● User / Role ● What aspects of the Project they are required to complete ● Any Programmatic Agreements ● MOA The intent is that this system would be the interface for all interactions with partners. Therefore, the design should be robust enough to support additional processes (e.g., 110, due diligence) in future releases.

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800.3.20

New Project?

Check for project number and/or related project number to determine if the request for consultation is a new project or a new phase of an existing project. Existing projects can be retrieved by project number (key identifier), site ID, and/or survey ID. NOTE: Although this determination is done by the lead agency, the SHPO can override this.

Partner (Lead Agency)

Automate as much as possible; "Maybe when type in name, system returns similar so can see if exists." System should prohibit duplicates as much as possible. If duplicates entries for a project do exist, they should be easy to merge from a system perspective.

800.3.30

Create New Project Number

If the application is for a new project, a new project number is automatically generated by the system

Partner (Lead Agency)

System generates unique project number

800.3.40

Assign Existing Project Number Make Assignment(s)

If the application is associated with an existing project, that project number is associated with the new request for consultation

Partner (Lead Agency)

If necessary, scan associated documentation of existing project

Assignment to a staff person in historical and/or archeological is automated as much as possible. Need flexibility to allow for reassignment. System also generates email to IGS unit head communicating assignment. NOTE: Ideally, system would be able capture workload and use that as a data point in determining assignment.

OAHP

For existing projects, it might be necessary to manually pull associated documentation and scan/enter it into the system

800.3.60

Enough Information?

Is there enough information to start the consultation? NOTE: System should facilitate submissions that provide enough information on the initial submission so that subsequent requests for information are unnecessary. However, the review of forms and associated information is subjective, so follow-up might sometimes be required.

106 Staff

800.3.70

Notify Applicant of Need for Add'l Info

If there is not enough information to complete the consultation, the 106 staff notifies the applicant (Could automatically create a draft of the letter using data/comments from within the system) and resolves with the applicant. The 106 staff person might also phone the applicant.

106 Staff

800.3.80

Submit Add'l Info

The Lead Agency submits the additional information necessary for the request for consultation.

Partner (Lead Agency)

800.3.50

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The 30-day response window is stopped by the system; it will restart with 30-days when all necessary information has been received

800.3.90

Mark Application as Received

Officially "receive" the request for consultation; the 30-day response period officially begins. This response window is tracked by the system. System assigns and routes consultation request to 106 staff person responsible for the project. NOTE: Consideration of the advisory council and federal law need to be considered in defining the details on the official receipt of the request for consultation is handled.

106 Staff

800.3.100

Additional Reviews Req'd?

106 Staff

800.3.110

Make Add'l SHPO Assignments

Are additional reviewers are necessary? This could be automatically determined by the system based on parameters and/or the 106 staff person assigned to the request for consultation could make this determination. If additional reviews are required, additional assignment(s) are made. These assignments could be done automatically by the system and/or the 106 staff person can manually make the assignments (e.g., information management, preservation planning). The system will route the assignment, as appropriate. These reviews will be completed in parallel with the official 106 review. Reviews by archeology and the built environment can also be done simultaneously.

800.3.120

Complete SHPO Parallel Reviews

If additional reviews are required, the OAHP personnel will complete the reviews in parallel with the official 106 review and submit their comments to the 106 staff. The status and submission of the parallel review would be managed by the workflow engine within the system.

OAHP Personnel

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106 Staff

The 30-day response window is tracked by the system. NOTE: A 30-day response is assumed for this process, but the this timeframe must be flexible and configurable in the system.

Assignment, progress tracking, and submission to the 106 staff person would ideally be managed by the workflow engine within the system.

800.3.130

Complete 106 Review / Determination of Eligibility

The federal agency determines scope of efforts (area of potential effect or APE), identifies historic properties (and fills out the corresponding site forms), and evaluates historic significance (i.e., National Register eligibility). The 106 personnel reviews the information submitted by the federal agency to determine if they agree with the federal agency's assessment, forms the opinion, and incorporates any the comments received from the additional reviewers in preparation of drafting the letter for submission to the requesting federal agency. NOTE: The system will provide automatic notifications to the 106 staff person, any of the additional reviewers, and IGS unit head as appropriate if the 30-day deadline is approaching. NOTE: SHPO treats properties as eligible "as an instrument of art within 106" as a means to err on the side of caution. If the federal agency wants to declare a site not eligible, they must submit a site form.

106 Staff

800.3.140

Concur?

If the SHPO agrees with federal agency's assessment the process continues to flow 800.4 Identify Historic Properties Process Flow.

106 Staff

800.3.150

Generate Letter: Do Not Concur with Federal Agency’s Position

If the SHPO objects to the APE (area potential effect) and/or does not concurs with the federal agency's assessment, a communication is sent to the federal agency. See subprocess 800.x for details. When additional information is received, the process can loop back into step 800.3.80 Submit Additional Information.

106 Staff

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NOTE: There must be the ability to manually extend the 30-day timeframe, as required by the process.

Process Name:

800.4 Identify Historic Properties

Process Description:

This flow details how historic properties are handled within the Section 106 review process.

Individuals Involved in Process:

Information Management, Intergovernmental Services, Archaeology, Historical, Partner (federal agency). NOTE: Archaeology and Historical are part of Intergovernmental Services.

No.

Step Name

Description

Role

800.4.10

Eligible / Not Eligible

(For the built environment, for archeology, proceed to step 80.4.20) If the property is eligible for the National Register, proceed to step 800.4.20. If it is not eligible, then the finding is No historic properties effected, and proceed to step 800.4.30

106 Staff

800.4.20

Assessment of Adverse Effect

106 Staff

800.4.30

Generate Letter: No Historic Properties Effected

If historic properties are involved, the project is assessed to determine if they would be adversely effected. Based on the SHPO's concurrence to the federal agency's assessment, there three potential findings: No Historic Properties Effected, No Adverse Effect, or Adverse Effect. If no properties are eligible for the historic register or no historic properties are effected, then a letter is generated to the federal agency stating that no historic properties are effected. See subprocess 800.x for details.

800.4.40

Generate Letter: No Adverse Effects

If OAHP concurs with the federal agency that there will be no adverse effects from the undertaking, then a letter is generated to the federal agency stating that there are no adverse effects. If conditions do exist, these are included in the letter. See subprocess 800.x for details. NOTE: If conditions are standard, the letter is populated by a standard conditions selected from a pick list. If conditions are nonstandard, the letter is created with non-standard conditions identified and written by the Section 106 staff.

106 Staff

800.4.50

Generate Letter: Adverse Effect

If conditions do exist, the 106 Staff generates a conditional no adverse effect letter. If conditions are standard, the letter is populated by a standard conditions selected from a pick list. If conditions are non-standard, the letter is created with non-standard conditions identified and written by the Section 106 staff.

106 Staff

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106 Staff

Additional Details

800.4.50

Generate Letter: Adverse Effect

If the SHPO agrees that there will be adverse effects to a historic property due to the proposed project and that there are no alternatives, an adverse effect letter is drafted, and that the next step is for the SHPO and the lead agency to agree on a mitigation strategy and create an MOA. See subprocess 800.x for details. NOTE: If the applicant at the federal agency wants responds to the adverse effect letter they received from OAHP, the system will facilitate this communication.

106 Staff

NOTE: If additional information is necessary (e.g., project design changes), then the process would loop back into step 800.3.70 Notify Applicant of Need for Add'l Information. The clock on the 30-day response window would stop and then reset to 30 when the information is received.

800.4.60

Agree on Mitigation / Create MOA

If the 106 staff concur that there are no alternatives, then the Federal Agency creates a mitigation and documents it is an MOA. The MOA is then routed for signatures. If the MOA were to be electronically signed, the workflow engine within the system would facilitate the process. NOTE: The federal agency reaches out to and involves other entities such as the advisory council, cities, tribal agencies, etc. as appropriate.

Partner (Lead Agency)

MOA could be physically (hard copy) or electronically signed. The signed copy will be stored in the system. NOTE: If the MOA was not executed (i.e., not received from the federal agency), reminders would be automatically generated by the system.

800.4.70

Federal Agency Completes Mitigation

The federal agency completes mitigation through the course of the project and provides updates to OAHP through the system. The federal agency would have the ability to log onto the system and provide interim updates and to complete annual reporting, including the ability to terminate an MOA, if appropriate. NOTE: Projects can be active for years at a time and there can be multiple iterations of mitigations (loop until the mitigation stipulations have been met). There needs to be the ability to mark the 106 mitigation as complete in the system. NOTE: Projects will be included in month and year-end reporting.

Partner (Lead Agency)

The system will notify 106 staff when mitigation has commenced. If a response is not received within the expected timeframe from the federal agency, the system will automatically generate a communication to the reviewer, IGS unit head, and the federal agency stating an update deadline is approaching.

800.4.80

Terminate?

Has the mitigation been terminated (for example, if the project were to run out of funding, then all future planned mitigations would be canceled)

Partner (Lead Agency)

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800.4.90

Notify All Signatories

800.4.100

Mitigation Satisfactory?

800.4.110

If the mitigation has terminated, then the federal agency communicates that to all signatories, including OAHP. The process ends. The 106 staff reviews the mitigation measures, to determine if the mitigation is satisfactory.

Partner (Lead Agency)

Generate Letter: Mitigation Complete

If the mitigation is satisfactory, the system generates a letter indicating that the mitigation is complete. See subprocess 800.x for details.

106 Staff

800.4.120

Generate Deficiencies in Mitigation Letter

If the mitigation is not satisfactory, the 106 staff generate a letter indication deficiencies in mitigation. See subprocess 800.x for details. Then wait for federal agency response.

106 Staff

800.4.130

Respond to Mitigation Deficiencies

Partner (Lead Agency)

800.4.140

Review Federal Agency Response to Mitigation Deficiencies

The federal agency reviews the communication from the SHPO regarding the deficiencies in the mitigation and prepares a response. The system facilitates this communication between the partner and OAHP The 106 Staff will review to determine if the deficiencies have been corrected. Loop into 800.4.170.

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106 Staff

106 Staff

Upon receipt of the letter, the FA could log into the system to respond

Process Name:

800.x. Generate Letter (Detail)

Process Description:

This subprocess provides additional detail on how letters sent to federal agencies are created and delivered

Individuals Involved in Process: No.

Step Name

Description

Role

Additional Details

800.x.10

106 Staff Proofs Letter

The system automatically generates a letter with the available information from the system. The 106 staff person proof reads the system-generated letter and makes edits/updates.

106 Staff

106 staff could add additional information as they see fit.

800.x.20

DSHPO Proofs Letter

The system routes the letter to the DSHPO, who reviews the letter, making minor updates, as necessary.

DSHPO

800.x.30

Response requires updates?

If changes by the 106 staff person are required, it is routed back to that person for updates.

DSHPO

800.x.40

Update Letter

The 106 Staff person makes the necessary updates, and the system reroutes the letter to the DSHPO for review

106 Staff

800.x.50

DSHPO Signs Letter / Send Letter

When the letter is ready to be sent to the federal agency, the DSHPO signs the letter. The letter can be delivered via email or postal mail. When it is sent, a notification is provided to the 106 staff person and the IGS unit head. NOTE: The letter is stored electronically in the system. It should be able to be retrieved as a an image or pdf with signatures (electronic signatures if applicable) AND as rich text.

DSHPO

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NOTE: Letters are also sent to consulting agencies, as required.

Part V: National/State Register Process:

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Process Name:

National and State Register Nomination and Approval Process This process defines process for nominating and approving properties for the state and national registries

Process Description: Nominator, Preservation Planning, Eligibility Committee, Review Board, History Colorado Board of Directors (BOD), Individuals Involved in Process: National Registry, Information Management Step 10

20

30 40 50

60

70

Step Name Call for Information on Historic Process Site Form Doesn’t Exist or Needs Updated?

Description

Role

Preservation planning will receive a phone call from the person wanting to nominate a property.

Nominator

If the property is already recorded, preservation planning will have the site number and form. If it is a new request, the nominator will need to complete the Preliminary Property Evaluation Form. In some cases, even if the property has already been recorded, the form may need to be resubmitted. The nominator completes Preliminary Property Evaluation Form and submits it to Preservation Planning

Preservation Planning

Complete Preliminary Eligibility Form Create or Based on the Preliminary Property Evaluation Form, Update Site Preservation Planning creates or updates the site in Site Files Pre-Eligible? The eligibility committee meets to determine if the property is eligible for nomination. Update Form If the property is not determined to be eligible by the and System / Eligibility Committee, then Preservation Planning sends a Send Not letter to the nominator to inform them. Sometimes Eligible Letter preservation planning emails or phones the nominator in addition. If the property is determined to be eligible by the Eligibility Update Form Committee, then Preservation Planning sends a letter to the and System / nominator to inform them. Sometimes preservation planning Send Eligible emails or phones the nominator in addition. Letter

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Nominator Preservation Planning Eligibility Committee Preservation Planning

Preservation Planning

Additional Details

Step

Step Name

100

110

120

130

140

Role

Submit Nomination

Nominator The nominator completes the Colorado State Register of Historic Properties Nomination Form and/or National Register of Historic Places Registration Form to begin the nomination process.

Create Project Screen Adequate Information for Nomination? Request Additional Information

Preservation planning creates a project screen and populates based on the information received in the nomination form(s). Preservation planning assesses if enough / adequate information has been provided to proceed with the nomination

Preservation Planning Preservation Planning

If adequate information has not been received, preservation planning requests additional information from the nominator. The nominator then resubmits the nomination (step 80). There can be a lot of back and forth between Preservation Planning and the person requesting the nomination. Between when the nomination is received and the review board meeting occurs, the nomination is sent (via letters) to all owners, preparers and chief elected officials. If the property is in a certified Local Government locale, then additional documentation is sent to all parties and the CLG rep is sent the nomination. The review board determines if the property is eligible for nomination to the National and/or State Registries. The Site Files system is updated to reflect the Review Board determination - Approved or Denied If the property is not eligible for nomination to either registry, the nominator is notified of the decision.

Preservation Planning

80

90

Description

Send Notification Letters

Eligible for Nomination? Send Notification Letter

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Preservation Planning

Review Board

Preservation Planning

Additional Details In general, only 40 - 50% of nominations are received for properties that are determined eligible by the committee. Sometimes nominations are received right after that determinations; sometimes they are received 2 or 5 years later.

The correspondence between preservation planning and the nominator used to be tracked in the comment field, but this practice is no longer followed. Typically 3 - 5 letters are mailed.

Step

Step Name

Description

190

200

210

If a property is listed on the National Register of Historic Places, it is automatically listed on the State Register. Since the National process takes longer, sometimes a nominator will request both registries concurrently. This will make the property eligible for grants more quickly.

If the nominator is requesting a property be listed on the national register, it is sent to Washington (Step 160). This decision has been made by the nominator at the time of the submission.

Nominator (makes the decision for National Register; Preservation Planning prepares everything to send to Washington)

Nomination to State Register?

If the nominator is requesting a property be listed on the state register, it is sent to the History Colorado Board of Directors (Step 190). This decision has been made by the nominator at the time of the submission.

Send to Washington Approved for National Register? Property Approved and Registered on the National Registry Approved for State Register? Property Approved and Registered on State Registry

If approved by the Review Board to go to Washington for the National Register, the nomination is sent. If approved by the National Registry, preservation planning is informed.

Nominator (makes the decision for State Register; Preservation Planning prepares everything for the History Colorado BOD) Preservation Planning National Registry

160

180

Additional Details

Nomination to National Register? 150

170

Role

Once the property is officially approved, it is listed in the National Registry. If it is not already listed on the State Registry, it is also added to that.

National Registry

The Board of Directors of History Colorado votes to approve or reject the property

History Colorado BOD

The property is officially approved and registered on the Colorado Registry

History Colorado BOD

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This process typically takes 60 75 days

NOTE: The Board always agrees with the Review Board's recommendation

Step 220 230

240

250

260

Step Name Send Notification Letters Encode System Perform Quality Control Scan Images / Post on Compass and Put on Shared Drive

Publish Newly Listed Properties in Heritage Magazine

Description

Role

Notification letters are sent to interested parties including the owner, the preparer, CLGs, and chief elected officials (e.g., mayor, county commissioner) After the nomination process is complete, preservation planning ensures everything is encoded correctly in Site Files This step represents a formalized quality control process is conducted to ensure information has been correctly entered in the Site Files and GIS systems; executed in three discrete steps. See the Perform Quality Control process map and associated detail for more information. Hard copies of the nomination are made up of two parts: copyrighted information (oversized plans, interior photos) and the supplemental file. The archival nomination, archival photos, and the official listing from the national register are scanned by Information Management and put on Compass. Digital images are put on the shared drive and the form status in Site Files indicates that digital images are available. If the information is public, it is sent to Brenda to post an announcement on the web - along with a photo and a significance summary and a pdf of the nomination. On a quarterly basis, a brief summary of newly listed properties is compiled for the Heritage Magazine (a History Colorado Publication)

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Preservation Planning Preservation Planning Information Management

Preservation Planning

Preservation Planning

Additional Details Typically 3 - 5 letters are mailed.

Appendix B: Dissemination of information Policy

COLORADO HISTORICAL SOCIETY – OFFICE OF ARCHAEOLOGY AND HISTORIC PRESERVATION 1300 Broadway, Denver, CO 80203 303-866-3395 _______________________________________________________________________ File Access Request November 15, 2002

A completed and signed copy of this form is necessary for access to both the electronic and hardcopy cultural resource files at the OAHP offices. Requests for information may also be submitted by telephone (303-866-5216), e-mail ([email protected]), or FAX (303-866-2711) and may require a signed user agreement prior to release of restricted information. Some of the information provided is confidential and may not be released to unauthorized individuals or organizations. Confidential information includes, but is not limited to, locational information for all archaeological and paleontological sites and locational information on owner-restricted National Register property listings. If there is any question, please contact the landholding agency or OAHP. Individual's Name: Organization: Address: Telephone: Reason for the Request: Section 106 Related

Other

Project Name/Number: Lead Government Agency: Remarks/Special Requests:

Please complete information on the following page in addition to reading and signing the agreement on page 3. Request Tracking To be completed by OAHP staff only Request Received by (OAHP staff): Requested: in house

mail

____ phone

fax

_ email

Locations of archaeological resources provided? Yes ___ File Search ID

Date

Other

No ___

Date Completed

Fees File Search $

Photocopies $

Rush Job $

Custom Search $

Other (specify) Total Cost $

FAX $ Cost $

Invoice Number:

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Forms, Documents or Maps Requested List all documents, maps, site forms, images, etc., using reference numbers when possible. Attach additional pages if needed. Specify if any portion of the document was not released. Staff Assisting: Staff Comments: Compass access as a visitor (general times): Site / Document / Image / Quad

Reproductions provided? Describe. (Photocopies, FAX, e-mail, etc.)

Comments

1 2 3 4 5 6 7 8 9 10 Request for Database Search 1.

County

Township Range Sections _______ _______ _____ _____ _____ _____ _____ _____

2.

_______

_______ _____ _____ _____ _____ _____ _____

3.

_______

_______ _____ _____ _____ _____ _____ _____

4.

_______

_______ _____ _____ _____ _____ _____ _____

UTM Reference A. ___ ___; ___ ___ ___ ___ ___ ___mE ___ ___ ___ ___ ___ ___ ___mN B. ___ ___; ___ ___ ___ ___ ___ ___mE ___ ___ ___ ___ ___ ___ ___mN C. ___ ___; ___ ___ ___ ___ ___ ___mE ___ ___ ___ ___ ___ ___ ___mN D. ___ ___; ___ ___ ___ ___ ___ ___mE ___ ___ ___ ___ ___ ___ ___mN Custom Search Description:

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User Agreement: OAHP Cultural Resource Files All individuals requesting access to cultural resource or paleontological records housed at the Office of Archaeology and Historical Preservation (OAHP) must complete and sign the following form prior to access. These records include but are not limited to forms, documents, maps, and images concerning archaeological, historical, architectural, and paleontological resources. The information provided on this form will help determine the nature and extent of the records that will be provided. Access to all or part of many cultural resource records is restricted. The criterion under which individuals may obtain access to cultural resource information is provided in OAHP’s Dissemination of Information: Policy and Procedures, 1991 (revised 2002). As outlined in that policy, access to archaeological information by non-archaeologists is on a case-bycase basis and generally includes only select information. _______________________________________________________________ I request access to the documents, forms, photographs or maps listed on this form. I have read and agreed to the following conditions: 1. Some of the information provided is confidential and may not be released to unauthorized individuals or organizations. Confidential information includes, but is not limited to, locational information for all archaeological and paleontological sites and locational information on owner-restricted National Register property listings. If there is any question, please contact the landholding agency or OAHP. 2. There are no guarantees as to the information’s accuracy or completeness and it may change frequently. 3. The information provided concerns cultural and paleontological resources that are under the jurisdiction, ownership, or control of other entities, such as state and federal agencies, private individuals, and tribal governments. These properties may be afforded additional levels of legislative protection related to the restrictions on cultural resource information. The information will be used in compliance with applicable municipal, county, state, tribal or federal laws and regulations. 4. Information provided in a digital format is to remain in the sole possession of the undersigned. If digital information is requested for use on a shared system, a signed statement detailing access and security on that system will be provided to OAHP prior to release of the information. OAHP staff will review the statement to determine the nature and extent of information to be provided. 5. OAHP documentary and photo collections are available to researchers for personal and scholarly use. Material from these collections may not be published or reproduced, except that photocopies may be obtained under the fair use exception of the US copyright code. 6. Access to records does not constitute permission to enter onto or conduct investigations on any of the land for which records are provided. It is the users responsibility to obtain permission from the appropriate municipal, county, state, federal, or tribal officials, or private property owners, before instituting any investigations on, or related to, their lands. Copies of the products of such research should be sent to appropriate officials or landowners, and all permit terms and conditions must be honored. Both the State and the landowner may pursue causes of action against the user in the event the information is misused. 7. The absence of information concerning resources in a particular area does not necessarily indicate that none exist. The absence of information concerning resources in a particular location may be due to a lack of survey investigations in that area or incomplete information.

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8. I understand that obtaining information on previously recorded cultural and paleontological resources does not constitute review under Section 106 of the National Historic Preservation Act or the State Register of Historic Properties Act.

Signature of User

Date

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Appendix C: Sample State Contract Routing # CMS #

STATE OF COLORADO Insert Agency's Full Legal Name Contract with Insert Contractor's Full Legal Name TABLE OF CONTENTS 1. PARTIES.......................................................................................................................................................................... 1 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY ............................................................................................. 1 3. RECITALS ....................................................................................................................................................................... 1 4. DEFINITIONS ................................................................................................................................................................. 2 5. TERM and EARLY TERMINATION ............................................................................................................................. 3 6. STATEMENT OF WORK ............................................................................................................................................... 3 7. PAYMENTS TO CONTRACTOR .................................................................................................................................. 3 8. REPORTING - NOTIFICATION .................................................................................................................................... 4 9. CONTRACTOR RECORDS............................................................................................................................................ 5 10. CONFIDENTIAL INFORMATION-STATE RECORDS ............................................................................................. 5 11. CONFLICTS OF INTEREST ........................................................................................................................................ 6 12. REPRESENTATIONS AND WARRANTIES .............................................................................................................. 6 13. INSURANCE ................................................................................................................................................................. 7 14. BREACH ........................................................................................................................................................................ 8 15. REMEDIES .................................................................................................................................................................... 8 16. NOTICES and REPRESENTATIVES ......................................................................................................................... 10 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE .................................................................... 10 18. GOVERNMENTAL IMMUNITY ............................................................................................................................... 11 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM .......................................................................................... 11 20. GENERAL PROVISIONS ........................................................................................................................................... 11 21. COLORADO SPECIAL PROVISIONS ...................................................................................................................... 14 22. SIGNATURE PAGE .................................................................................................................................................... 16 EXHIBIT A – STATEMENT OF WORK ........................................................................................................................... 1 EXHIBIT B - PRICES AND RATES .................................................................................................................................. 1 EXHIBIT C - OPTION LETTER......................................................................................................................................... 1

PARTIES This Contract (hereinafter called “Contract”) is entered into by and between Insert Contractor's Name (hereinafter called “Contractor”), and the STATE OF COLORADO acting by and through the Insert Dept or IHE name (hereinafter called the “State” or “Insert Dept or IHE Acronym”). Contractor and the State hereby agree to the following terms and conditions. EFFECTIVE DATE AND NOTICE OF NONLIABILITY This Contract shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the “Effective Date”). The State shall not be liable to pay or reimburse Contractor for any performance hereunder including, but not limited to, costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. RECITALS Authority, Appropriation, and Approval Authority to enter into this Contract exists in Please add statutory or other legal reference here and funds have been budgeted, appropriated and otherwise made available pursuant to Please add statutory or other legal reference here and a sufficient unencumbered balance thereof remains available for payment. Rev 12/31/13

Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Contract. Purpose Briefly describe the Contract's purpose References All references in this Contract to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: Budget “Budget” means the budget for the Work described in Exhibit Insert letter of applicable Exhibit (A, B, C, etc). Contract “Contract” means this Contract, its terms and conditions, attached exhibits, documents incorporated by reference under the terms of this Contract, and any future modifying agreements, exhibits, attachments or references incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller Policies. Contract Funds “Contract Funds” means funds available for payment by the State to Contractor pursuant to this Contract. Evaluation “Evaluation” means the process of examining Contractor’s Work and rating it based on criteria established in §6 and Exhibit Insert letter of applicable Exhibit (A, B, C, etc). Exhibits and other Attachments The following are attached hereto and incorporated by reference herein: Exhibit A (Statement of Work), Exhibit B (Prices and Rates), and Exhibit C (Option Letter). Goods “Goods” means tangible material acquired, produced, or delivered by Contractor either separately or in conjunction with the Services Contractor renders hereunder. Party or Parties “Party” means the State or Contractor and “Parties” means both the State and Contractor. Review “Review” means examining Contractor’s Work to ensure that it is adequate, accurate, correct and in accordance with the criteria established in §6 and Exhibit Insert letter of applicable Exhibit (A, B, C, etc) Services “Services” means the required services to be performed by Contractor pursuant to this Contract. Subcontractor “Subcontractor” means third-parties, if any, engaged by Contractor to aid in performance of its obligations. Work “Work” means the tasks and activities Contractor is required to perform to fulfill its obligations under this Contract and Exhibit Insert letter of applicable Exhibit (A, B, C, etc)., including the performance of the Services and delivery of the Goods. Work Product “Work Product” means the tangible or intangible results of Contractor’s Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts.

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TERM Initial Term-Work Commencement The Parties’ respective performances under this Contract shall commence on the later of either the Effective Date or Month Day, Year. This Contract shall terminate on Month Day, Year unless sooner terminated or further extended as specified elsewhere herein. Two Month Extension The State, at its sole discretion upon written notice to Contractor as provided in §16, may unilaterally extend the term of this Contract for a period not to exceed two months if the Parties are negotiating a replacement Contract (and not merely seeking a term extension) at or near the end of any initial term or renewal term. The provisions of this Contract in effect when such notice is given, including, but not limited to prices, rates, and delivery requirements, shall remain in effect during the two-month extension. The two month extension shall immediately terminate when and if a replacement Contract is approved and signed by the Colorado State Controller. State’s Option to Extend The State may require continued performance for a period of Insert number of years at the same rates and same terms specified in the Contract. If the State exercises this option, it shall provide written notice to Contractor at least 30 days prior to the end of the current contract term in form substantially equivalent to Exhibit Insert letter of applicable Exhibit (A, B, C, etc). If exercised, the provisions of the Option Letter shall become part of and be incorporated into this Contract. The total duration of this Contract, including the exercise of any options under this clause, shall not exceed Insert number of years.” STATEMENT OF WORK Completion Contractor shall complete the Work and its other obligations as described herein and in Exhibit Insert letter of applicable Exhibit (A, B, C, etc) on or before Month Day, Year. The State shall not be liable to compensate Contractor for any Work performed prior to the Effective Date or after the termination of this Contract. Goods and Services Contractor shall procure Goods and Services necessary to complete the Work. Such procurement shall be accomplished using the Contract Funds and shall not increase the maximum amount payable hereunder by the State. Employees All persons employed by Contractor or Subcontractors to perform Work under this Contract shall be Contractor’s or Subcontractors’ employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Contract. PAYMENTS TO CONTRACTOR The State shall, in accordance with the provisions of this §7, pay Contractor in the amounts and using the methods set forth below: Maximum Amount The maximum amount payable under this Contract to Contractor by the State is Insert Max $ Amount, as determined by the State from available funds. Payments to Contractor are limited to the unpaid obligated balance of the Contract set forth in Exhibit Insert letter of applicable Exhibit (A, B, C, etc). The maximum amount payable by the State to Contractor during each State fiscal year of this Contract shall be: in FY in FY in FY in FY in FY in FY Page 3

Payment Advance, Interim and Final Payments Any advance payment allowed under this Contract or in Exhibit Insert letter of applicable Exhibit (A, B, C, etc) shall comply with State Fiscal Rules and be made in accordance with the provisions of this Contract or such Exhibit. Contractor shall initiate any payment requests by submitting invoices to the State in the form and manner set forth in approved by the State. Interest The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced represents performance by Contractor previously accepted by the State. Uncontested amounts not paid by the State within 45 days shall bear interest on the unpaid balance beginning on the 46th day at a rate not to exceed one percent per month until paid in full; provided, however, that interest shall not accrue on unpaid amounts that are subject to a good faith dispute. Contractor shall invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the delinquent payment, the number of day’s interest to be paid and the interest rate. Available Funds-Contingency-Termination The State is prohibited by law from making commitments beyond the term of the State’s current fiscal year. Therefore, Contractor’s compensation beyond the State’s current Fiscal Year is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions. If federal funds are used to fund this Contract, in whole or in part, the State’s performance hereunder is contingent upon the continuing availability of such funds. Payments pursuant to this Contract shall be made only from available funds encumbered for this Contract and the State’s liability for such payments shall be limited to the amount remaining of such encumbered funds. If State or federal funds are not appropriated, or otherwise become unavailable to fund this Contract, the State may terminate this Contract immediately, in whole or in part, without further liability in accordance with the provisions hereof. Erroneous Payments At the State’s sole discretion, payments made to Contractor in error for any reason, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by Contractor, may be recovered from Contractor by deduction from subsequent payments under this Contract or other contracts, grants or agreements between the State and Contractor or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any person or entity other than the State. Use of Funds Contract Funds shall be used only for eligible costs identified herein and/or in the Budget. REPORTING - NOTIFICATION Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and in such form as prescribed by the State and in accordance with §19, if applicable. Performance, Progress, Personnel, and Funds State shall submit a report to the Contractor upon expiration or sooner termination of this Contract, containing an Evaluation and Review of Contractor’s performance and the final status of Contractor's obligations hereunder. In addition, Contractor shall comply with all reporting requirements, if any, set forth in Exhibit Insert letter of applicable Exhibit (A, B, C, etc). Litigation Reporting Within 10 days after being served with any pleading in a legal action filed with a court or administrative agency, related to this Contract or which may affect Contractor’s ability to perform its obligations hereunder, Contractor shall notify the State of such action and deliver copies of such pleadings to the State’s principal representative as identified herein. If the State’s principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of Insert Dept or IHE Acronym. Performance Outside the State of Colorado and/or the United States [Not applicable if Contract Funds include any federal funds] Following the Effective Date, Contractor shall provide written notice to the State, in accordance with §16 (Notices and Representatives), within 20 days of the earlier to occur of Contractor’s decision to perform, or its execution of an agreement with a Page 4

Subcontractor to perform, Services outside the State of Colorado and/or the United States. Such notice shall specify the type of Services to be performed outside the State of Colorado and/or the United States and the reason why it is necessary or advantageous to perform such Services at such location or locations. All notices received by the State pursuant to this §8.C shall be posted on the Colorado Department of Personnel & Administration’s website. Knowing failure by Contractor to provide notice to the State under this §8.C shall constitute a material breach of this Contract. Noncompliance Contractor’s failure to provide reports and notify the State in a timely manner in accordance with this §8 may result in the delay of payment of funds and/or termination as provided under this Contract. Subcontracts Copies of any and all subcontracts entered into by Contractor to perform its obligations hereunder shall be submitted to the State or its principal representative upon request by the State. Any and all subcontracts entered into by Contractor related to its performance hereunder shall comply with all applicable federal and state laws and shall provide that such subcontracts be governed by the laws of the State of Colorado. CONTRACTOR RECORDS Maintenance Contractor shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services or Goods hereunder. Contractor shall maintain such records until the last to occur of: (i) a period of three years after the date this Contract expires or is sooner terminated, or (ii) final payment is made hereunder, or (iii) the resolution of any pending Contract matters, or (iv) if an audit is occurring, or Contractor has received notice that an audit is pending, until such audit has been completed and its findings have been resolved (collectively, the “Record Retention Period”). Inspection Contractor shall permit the State, the federal government and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Contractor's records related to this Contract during the Record Retention Period for a period of three years following termination of this Contract or final payment hereunder, whichever is later, to assure compliance with the terms hereof or to evaluate performance hereunder. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Contract, including any extensions or renewals. If the Work fails to conform to the requirements of this Contract, the State may require Contractor promptly to bring the Work into conformity with Contract requirements, at Contractor’s sole expense. If the Work cannot be brought into conformance by re-performance or other corrective measures, the State may require Contractor to take necessary action to ensure that future performance conforms to Contract requirements and exercise the remedies available under this Contract, at law or in equity, in lieu of or in conjunction with such corrective measures. Monitoring Contractor shall permit the State, the federal government, and governmental agencies having jurisdiction, in their sole discretion, to monitor all activities conducted by Contractor pursuant to the terms of this Contract using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on-site checking, formal audit examinations, or any other procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly interfere with Contractor’s performance hereunder. Final Audit Report If an audit is performed on Contractor’s records for any fiscal year covering a portion of the term of this Contract, Contractor shall submit a copy of the final audit report to the State or its principal representative at the address specified herein. CONFIDENTIAL INFORMATION-STATE RECORDS Contractor shall comply with the provisions of this §10 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information includes, but is not necessarily limited to, Page 5

any state records, personnel records, and information concerning individuals. Such information shall not include information required to be disclosed pursuant to the Colorado Open Records Act, CRS §24-72-101, et seq. Confidentiality Contractor shall keep all State records and information confidential at all times and comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of Contractor shall be immediately forwarded to the State’s principal representative. Notification Contractor shall notify its agent, employees, Subcontractors and assigns who may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before permitting them to access such records and information. Use, Security, and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by Contractor or its agents in any way, except as authorized by this Contract or approved in writing by the State. Contractor shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by Contractor or its agents, except as permitted in this Contract or approved in writing by the State. Disclosure-Liability Disclosure of State records or other confidential information by Contractor for any reason may be cause for legal action by third parties against Contractor, the State or their respective agents. Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Contractor, or its employees, agents, Subcontractors, or assignees pursuant to this §10. CONFLICTS OF INTEREST Contractor shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Contractor’s obligations hereunder. Contractor acknowledges that with respect to this Contract, even the appearance of a conflict of interest is harmful to the State’s interests. Absent the State’s prior written approval, Contractor shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Contractor’s obligations to the State hereunder. If a conflict or appearance exists, or if Contractor is uncertain whether a conflict or the appearance of a conflict of interest exists, Contractor shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to the apparent conflict constitutes a breach of this Contract. REPRESENTATIONS AND WARRANTIES Contractor makes the following specific representations and warranties, each of which was relied on by the State in entering into this Contract. Standard and Manner of Performance Contractor shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence in Contractor’s industry, trade, or profession and in the sequence and manner set forth in this Contract. Legal Authority – Contractor Signatory Contractor warrants that it possesses the legal authority to enter into this Contract and that it has taken all actions required by its procedures, and by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Contract, or any part thereof, and to bind Contractor to its terms. If requested by the State, Contractor shall provide the State with proof of Contractor’s authority to enter into this Contract within 15 days of receiving such request. Licenses, Permits, Etc. Page 6

Contractor represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have and maintain, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorizations required by law to perform its obligations hereunder. Contractor warrants that it shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Contract, without reimbursement by the State or other adjustment in Contract Funds. Additionally, all employees, agents, and Subcontractors of Contractor performing Services under this Contract shall hold all required licenses or certifications, if any, to perform their responsibilities. Contractor, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non-renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Contractor to properly perform the terms of this Contract is a material breach by Contractor and constitutes grounds for termination of this Contract. INSURANCE Contractor and its Subcontractors shall obtain and maintain insurance as specified in this section at all times during the term of this Contract. All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to Contractor and the State. Contractor Public Entities If Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the “GIA”), then Contractor shall maintain at all times during the term of this Contract such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. Contractor shall show proof of such insurance satisfactory to the State, if requested by the State. Contractor shall require each contract with a Subcontractor that is a public entity, to include the insurance requirements necessary to meet such Subcontractor’s liabilities under the GIA. Non-Public Entities If Contractor is not a "public entity" within the meaning of the GIA, Contractor shall obtain and maintain during the term of this Contract insurance coverage and policies meeting the same requirements set forth in §13(B) with respect to Subcontractors that are not "public entities". Contractors - Subcontractors Contractor shall require each contract with Subcontractors other than those that are public entities, providing Goods or Services in connection with this Contract, to include insurance requirements substantially similar to the following: Worker’s Compensation Worker’s Compensation Insurance as required by State statute, and Employer’s Liability Insurance covering all of Contractor or Subcontractor employees acting within the course and scope of their employment. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, Subcontractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to Contractor a certificate or other document satisfactory to Contractor showing compliance with this provision. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit. Page 7

Additional Insured The State shall be named as additional insured on all Commercial General Liability and Automobile Liability Insurance policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent) required of Contractor and any Subcontractors hereunder. Primacy of Coverage Coverage required of Contractor and Subcontractor shall be primary over any insurance or selfinsurance program carried by Contractor or the State. Cancellation The above insurance policies shall include provisions preventing cancellation or non-renewal without at least 30 days prior notice to Contractor and Contractor shall forward such notice to the State in accordance with §16 (Notices and Representatives) within seven days of Contractor’s receipt of such notice. Subrogation Waiver All insurance policies in any way related to this Contract and secured and maintained by Contractor or its Subcontractors as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Contractor or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. Certificates Contractor and all Subcontractors shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Contract. No later than 15 days prior to the expiration date of any such coverage, Contractor and each Subcontractor shall deliver to the State or Contractor certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the term of this Contract or any subcontract, Contractor and each Subcontractor shall, within 10 days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §13. BREACH Defined In addition to any breaches specified in other sections of this Contract, the failure of either Party to perform any of its material obligations hereunder, in whole or in part or in a timely or satisfactory manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a breach. Notice and Cure Period In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Contract in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. REMEDIES If Contractor is in breach under any provision of this Contract, the State shall have all of the remedies listed in this §15 in addition to all other remedies set forth in other sections of this Contract following the notice and cure period set forth in §14(B). The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. Termination for Cause and/or Breach The State may terminate this entire Contract or any part of this Contract. Exercise by the State of this right shall not be a breach of its obligations hereunder. Contractor shall continue performance of this Contract to the extent not terminated, if any. Page 8

Obligations and Rights To the extent specified in any termination notice, Contractor shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, Contractor shall complete and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Contract’s terms. At the sole discretion of the State, Contractor shall assign to the State all of Contractor's right, title, and interest under such terminated orders or subcontracts. Upon termination, Contractor shall take timely, reasonable and necessary action to protect and preserve property in the possession of Contractor in which the State has an interest. All materials owned by the State in the possession of Contractor shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered by Contractor to the State and shall become the State’s property. Payments The State shall reimburse Contractor only for accepted performance up to the date of termination. If, after termination by the State, it is determined that Contractor was not in breach or that Contractor's action or inaction was excusable, such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Contract had been terminated in the public interest, as described herein. Damages and Withholding Notwithstanding any other remedial action by the State, Contractor shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Contract by Contractor and the State may withhold any payment to Contractor for the purpose of mitigating the State’s damages, until such time as the exact amount of damages due to the State from Contractor is determined. The State may withhold any amount that may be due Contractor as the State deems necessary to protect the State against loss, including loss as a result of outstanding liens, claims of former lien holders, or for the excess costs incurred in procuring similar goods or services. Contractor shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. Early Termination in the Public Interest The State is entering into this Contract for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor, General Assembly, and/or Courts. If this Contract ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Contract in whole or in part. Exercise by the State of this right shall not constitute a breach of the State’s obligations hereunder. This subsection shall not apply to a termination of this Contract by the State for cause or breach by Contractor, which shall be governed by §15(A) or as otherwise specifically provided for herein. Method and Content The State shall notify Contractor of such termination in accordance with §16. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Contract. Obligations and Rights Upon receipt of a termination notice, Contractor shall be subject to and comply with the same obligations and rights set forth in §15(A)(i). Payments If this Contract is terminated by the State pursuant to this §15(B), Contractor shall be paid an amount which bears the same ratio to the total reimbursement under this Contract as Contractor’s obligations that were satisfactorily performed bear to the total obligations set forth in this Contract, less payments previously made. Additionally, if this Contract is less than 60% completed, the State may reimburse Contractor for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by Contractor which are directly attributable to the uncompleted portion of Contractor’s obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Contractor hereunder. Remedies Not Involving Termination The State, in its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: Page 9

Suspend Performance Suspend Contractor’s performance with respect to all or any portion of this Contract pending necessary corrective action as specified by the State without entitling Contractor to an adjustment in price/cost or performance schedule. Contractor shall promptly cease performance and incurring costs in accordance with the State’s directive and the State shall not be liable for costs incurred by Contractor after the suspension of performance under this provision. Withhold Payment Withhold payment to Contractor until corrections in Contractor’s performance are satisfactorily made and completed. Deny Payment Deny payment for those obligations not performed, that due to Contractor’s actions or inactions, cannot be performed or, if performed, would be of no value to the State; provided, that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. Removal Notwithstanding any other provision herein, the State may demand immediate removal of any of Contractor’s employees, agents, or Subcontractors whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Contract is deemed to be contrary to the public interest or the State’s best interest. Intellectual Property If Contractor infringes on a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Contract, Contractor shall, at the State’s option (a) obtain for the State or Contractor the right to use such products and services; (b) replace any Goods, Services, or other product involved with non-infringing products or modify them so that they become non-infringing; or, (c) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party’s principal representative at the address set forth below. In addition to, but not in lieu of a hard-copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. State: Name and title of Person Department Name Address Town, State Zip Email Contractor: Name and Title of Person Department Name Address 1 Address 2 Town, State Zip Email RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or Work Product of any type, including drafts, prepared by Contractor in the performance of its obligations under this Contract shall be the exclusive property of the State and, all Work Product shall be Page 10

delivered to the State by Contractor upon completion or termination hereof. The State’s exclusive rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. Contractor shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of Contractor’s obligations hereunder without the prior written consent of the State. GOVERNMENTAL IMMUNITY Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the Governmental Immunity Act §24-10-101, et seq. and the risk management statutes, CRS §24-30-1501, et seq., as amended. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to Contractor under this Contract is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §19 applies. Contractor agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system. Contractor’s performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Contractor’s performance shall be part of the normal contract administration process and Contractor’s performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Contractor’s obligations under this Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Contractor’s obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Contractor demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel & Administration (Executive Director), upon request by the Insert Dept or IHE Acronym, and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon a showing of good cause. GENERAL PROVISIONS Assignment and Subcontracts Contractor’s rights and obligations hereunder are personal and may not be transferred, assigned or subcontracted without the prior, written consent of the State. Any attempt at assignment, transfer, subcontracting without such consent shall be void. All assignments, subcontracts, or Subcontractors approved by Contractor or the State are subject to all of the provisions hereof. Contractor shall be solely responsible for all aspects of subcontracting arrangements and performance. Binding Effect Except as otherwise provided in §20(A), all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties’ respective heirs, legal representatives, successors, and assigns. Captions Page 11

The captions and headings in this Contract are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. Counterparts This Contract may be executed in multiple identical original counterparts, all of which shall constitute one agreement. Entire Understanding This Contract represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any force or effect whatsoever, unless embodied herein. Indemnification Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Contractor, or its employees, agents, Subcontractors, or assignees pursuant to the terms of this Contract; however, the provisions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. Jurisdiction and Venue All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. Modification By the Parties Except as specifically provided in this Contract, modifications of this Contract shall not be effective unless agreed to in writing by the Parties in an amendment to this Contract, properly executed and approved in accordance with applicable Colorado State law, State Fiscal Rules. Modifications permitted under this Contract, other than contract amendments, shall be conform the Policies of the Office of the State Controller, including, but not limited to, the policy entitled MODIFICATIONS OF CONTRACTS - TOOLS AND FORMS. By Operation of Law This Contract is subject to such modifications as may be required by changes in Federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Contract on the effective date of such change, as if fully set forth herein. Order of Precedence The provisions of this Contract shall govern the relationship of the Parties. In the event of conflicts or inconsistencies between this Contract and its exhibits and attachments, including, but not limited to, those provided by Contractor, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Colorado Special Provisions, The provisions of the main body of this Contract, Exhibit A, Exhibit B, Exhibit C. Severability Provided this Contract can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof, provided that the Parties can continue to perform their obligations under this Contract in accordance with its intent. Survival of Certain Contract Terms Notwithstanding anything herein to the contrary, provisions of this Contract requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State if Contractor fails to perform or comply as required. Page 12

Taxes The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions apply when materials are purchased or services are rendered to benefit the State; provided however, that certain political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the product or service is provided to the State. Contractor shall be solely liable for paying such taxes as the State is prohibited from paying or reimbursing Contractor for such taxes. Third Party Beneficiaries Enforcement of this Contract and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Contract are incidental to the Contract, and do not create any rights for such third parties. Waiver Waiver of any breach under a term, provision, or requirement of this Contract, or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. CORA Disclosure To the extent not prohibited by federal law, this Contract and the performance measures and standards under CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS §24-72-101, et seq. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK

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COLORADO SPECIAL PROVISIONS These Special Provisions apply to all Contracts except where noted in italics. 1. CONTROLLER'S APPROVAL. CRS §24-30-202 (1). This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. GOVERNMENTAL IMMUNITY. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. 4. INDEPENDENT CONTRACTOR Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. 5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Contract, to the extent capable of execution. 7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this Contract or incorporated herein by reference shall be null and void. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.

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9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s services and Contractor shall not employ any person having such known interests. 10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not applicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. 11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Contract, through participation in the E-Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a Subcontractor that fails to certify to Contractor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor (a) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Contract is being performed, (b) shall notify the Subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Contract, (c) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §817.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this Contract for breach and, if so terminated, Contractor shall be liable for damages. 12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this Contract. SPs Effective 1/1/09

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SIGNATURE PAGE Contract Routing Number

THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT * Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor’s behalf and acknowledge that the State is relying on their representations to that effect.

CONTRACTOR INSERT-Legal Name of Contractor By: INSERT-Name of Authorized Individual Title: INSERT-Official Title of Authorized Individual

______________________________________________ *Signature Date: _________________________

STATE OF COLORADO John W. Hickenlooper, Governor INSERT-Name of Agency or IHE INSERT-Name & Title of Head of Agency or IHE

______________________________________________ By: INSERT-Name & Title of Person Signing for Agency or IHE Signatory avers to the State Controller or delegate that Contractor has not begun performance or that a Statutory Violation waiver has been requested under Fiscal Rules Date: _________________________

2nd Contractor Signature if Needed By: INSERT-Name of Authorized Individual Title: INSERT-Official Title of Authorized Individual

LEGAL REVIEW John W. Suthers, Attorney General By:_______________________________________________

Signature - Assistant Attorney General

______________________________________________ *Signature

Date: _________________________

Date: _________________________

ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder.

STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:___________________________________________

INSERT-Name of Agency or IHE Delegate-Please delete if contract will be routed to OSC for approval Date:_____________________

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EXHIBIT A – STATEMENT OF WORK 1. GENERAL DESCRIPTION 2. DEFINITIONS 3. CONTRACTOR’S OBLIGATIONS 4. PERSONNEL 3.1.

Responsible Administrator Contractor's performance hereunder shall be under the direct supervision of , an employee or agent of Contractor, who is hereby designated as the responsible administrator of this Contract.

3.2.

Other Key Personnel . Replacement Contractor shall immediately notify the State if any Key Personnel cease to serve. Provided there is a good-faith reason for the change, if Contractor wishes to replace its Key Personnel, it shall notify the State and seek its approval. Such approval is at the State 's sole discretion, as the State issued this Contract in part reliance on Contractor's representations regarding Key Personnel. Such notice shall specify why the change is necessary, who the proposed replacement is, what their qualifications are, and when the change would take effect. Anytime Key Personnel cease to serve, the State, in its sole discretion, may direct Contractor to suspend Work until such time as their replacements are approved. All notices sent under this subsection shall be sent in accordance with the Notices and Representatives provisions of this Contract.

3.3.

3.2. 3.3. 3.4.

ACCEPTANCE CRITERIA 3.1. Annual and Final Report(s) Annual Report Due Date(s) Final Report Due Date Additional Reporting PAYMENTS Payments shall be made in accordance with the provisions set forth in the Contract and this Exhibit A and are scheduled as follows: ADMINISTRATIVE REQUIREMENTS 3.1. Accounting 3.1.1. At all times from the Effective Date of this Contract until completion of the Work, Contractor shall maintain properly segregated books of State Contract Funds, matching funds, and other funds associated with the Work. 3.1.2. All receipts and expenditures associated with the Work shall be documented in a detailed and specific manner, and shall accord with the Budget set forth herein. 3.1.3. Contractor shall make and maintain accounting and financial books and records documenting its performance under the Contract in a form consistent with good accounting practices. BUDGET 3.1. Matching Funds 3.2. Contract Funds Exhibit A-1

Line Item Personnel Materials & Supplies Equipment Use Fees Field Trials Other Fees Publications TOTAL DIRECT INDIRECT COSTS TOTAL

Budget $

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Exhibit A-2

EXHIBIT B - PRICES AND RATES

Exhibit B-1

EXHIBIT C - OPTION LETTER

Exhibit C-1