210000001348.pdf

STATE OF MICHIGAN PROCUREMENT

Department Technology, Management and Budget Central Procurement Services 320 S Walnut Street Lansing, MI 48933 P.O. Box 30026, Lansing, MI 48909

CONTRACT CHANGE NOTICE

Change Notice Number 6 to

Contract Number MA210000001348

C O

N

TR

AC

TO

R

WINDSOR SOLUTIONS INC

4386 S Macadam Ave , Suite 101

Portland OR 97239

Simon Watson10012022

503-675-7833

Simon_watson@windsorsolutions.com

CV0066405

ST

AT

E

Pr og ra m

M an ag er

Various Various

C on tr ac t Ad m in is tr at or Najla Mamou DTMB

517-897-4594

MamouN1@michigan.gov

CONTRACT SUMMARY

EGLE Enterprise Environmental System

INITIAL EFFECTIVE DATE

September 1, 2021

INITIAL EXPIRATION DATE

September 30, 2026

INITIAL AVAILABLE OPTIONS

5 - 1 Year

EXPIRATION DATE BEFORE

CHANGE(S) NOTED BELOW

September 30, 2026

PAYMENT TERMS DELIVERY TIMEFRAME

ALTERNATE PAYMENT OPTIONS

P-Card Direct Voucher (PRC) Other

EXTENDED PURCHASING

Yes No

MINIMUM DELIVERY REQUIREMENTS

DESCRIPTION OF CHANGE NOTICE

OPTION LENGTH OF OPTION

5 Years

EXTENSION LENGTH OF EXTENSION REVISED EXP. DATE

September 30, 2031

CURRENT VALUE

$17,231,995.00

VALUE OF CHANGE NOTICE

$0.00

ESTIMATED AGGREGATE CONTRACT VALUE

$17,231,995.00

DESCRIPTION

Please note the Program Manager or Contract Administrator may have changed, and are reflected on this Change Notice.

Effective September 25, 2026, this Contract exercises five (5) option years, adds new pricing to incorporate nVIRO AI capabilities, and conformance to WCAG 2.1 Level AA as described in the attached IT Statement of Work (SOW).

The new contract expiration date is September 30, 2031.

All other terms, conditions, specifications, and pricing remain the same. Per contractor and agency agreement, DTMB Central Procurement Services approval.

CHANGE NOTICE NO. 6 TO CONTRACT NO. MA210000001348

Program Managers for

Multi-Agency and Statewide Contracts

AGENCY NAME PHONE EMAIL

DTMB Laura Brancheau 517-335-1334 BrancheauL@michigan.gov

EGLE Brad Pagratis 517-338-1548 pagratisb@michigan.gov

Michigan.gov/MiProcurement

Version 2026-1 1 of 7

Project Title:

MiEnviro Portal AI

Period of Coverage:

FY 2026 – 2030

Requesting Department:

EGLE

Date:

09/25/2026

EGLE Program Manager:

Brad Pagratis

Phone:

269-216-1341

DTMB Program Manager:

Laura Brancheau

Phone:

517-335-1334

Brief description of services to be provided:

BACKGROUND:

The MiEnviro Portal is a Multi-Program Implementation project is a multi-year modernization initiative designed to retire legacy systems and implement enterprise permitting, compliance, enforcement, and financial workflows within the MiEnviro (nVIRO) platform under Contract MA 210000001348.

nVIRO includes three optional AI features, which are disabled by default:

• AI Submission Review — Automatically pre-screens incoming permit/license application submissions against agency-configured completeness checklist rules.

Results appear alongside the submission showing each rule’s status, a summary of findings, and the AI’s reasoning. Staff can compare findings against the actual submission and create correction requests in a single pass. Expected outcome:

reduced manual completeness review time; reviewers focus on substantive issues sooner.

• nVIRO AI Assistant — A chat interface for internal staff that answers questions about nVIRO platform functionality and agency-specific form requirements, drawing from the Windsor Product Support Wiki and the agency’s configured nFORM forms. Expected outcome: faster staff onboarding and self-service answers to platform and process questions.

• AI Summaries — On-demand summaries of nVIRO records (sites, permits, evaluations, compliance actions) in three types: Overview, Next Steps, and Compliance. Available on the My Tasks dashboard and search/list pages. Expected outcome: staff can quickly orient on a record’s status without manually reviewing the full record history.

SCOPE OF WORK:

This change notice modifies the original contract to incorporate nVIRO AI capabilities.

Contract Adjustments — Updates to Contract 210000001348 to reflect AI model documentation requirements, AI usage governance expectations, AI Add-On pricing terms at $10.00 per user (purchased in blocks of 50 users), block licensing structure, billing commencement, and responsibilities and limitations related to third-party AI services integrated by the Contractor.

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Preparation for AI Activation — While no AI features are activated as part of this CN, the Scope of Work includes the contractual prerequisites needed for the Contractor to enable the base nVIRO AI features once the State authorizes activation.

No new system configuration, workflow development, data migration, or program-specific functionality is included within this change notice.

DELIVERABLES:

A. AI Governance Requirements

Deliverables will not be considered complete until the Program Managers have formally Accepted them. Deliverables for this project include:

• Transparency and documentation: The Contractor will maintain and provide current documentation for all AI models used within the Solution, including Model Cards covering model details, intended use, limitations, training data descriptions, evaluation metrics, fairness and safety considerations, and maintenance plans.

• Model Card delivery: Initial Model Cards will be delivered by the Contractor prior to activation of any AI capability and updated upon model version changes, retraining, changes in input data, or known performance deviations.

• Third-party AI disclosure: The Contractor will identify each third-party AI model integrated into nVIRO and provide the State with sufficient information to locate vendor-published documentation.

• Audit rights: The State retains the right to audit the Contractor’s compliance with these AI governance requirements.

• Ongoing maintenance: The Contractor will maintain AI model documentation throughout the term of the contract and provide updates as required.

The Contractor will deliver initial documentation prior to AI activation and will provide updates as required by model changes.

B. Update to Terms

Pursuant to Section 47, Contract Modification, the Contract Terms and Conditions are modified as provided below.

1. In Section 1, Definitions, the definition of “User Data” is replaced with the following:

“User Data” means all data, queries, prompts, information, derivatives, and other content of any type and in any format, medium or form, whether audio, visual, digital, screen, GUI or other, that is input, uploaded to, placed into or collected, stored, Processed, generated or output by any user, device, system, connector, or network by or on behalf of the State. User Data includes, but is not limited to: any and all works, inventions, data, analyses, information that identifies State or State’s intended users’ devices or equipment, location information, or other information and materials resulting from any use of the Software by or on behalf of the State’s intended users under this Contract, even if not input by a user.

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2. In Section 1, Definitions, the definition of “Work Product” is replaced with the following:

“Work Product” means Deliverables provided to the State under this Contract, that are made or created by Contractor (regardless of whether created, developed, or generated by a human, non-human, or some combination thereof), specifically and solely for the State and are not generally available to Contactor’s other customers. Work Product includes, but is not limited to: Customizations, application programming interfaces, computer scripts, macros, user interfaces, reports, project management documents, forms, templates, and other State-specific documents and related materials together with all ideas, concepts, processes, and methodologies developed in connection with this Contract whether embodied in this Contract.

3. Section 23.3, Contractor Use of State Data, replace paragraph (d) with the following:

(d) not use, sell, rent, transfer, mine, distribute, commercially exploit, or otherwise disclose or make available State Data for any purpose other than performing the services under this Contract or for the benefit of anyone other than the State, without the State’s prior written consent. This restriction includes but is not limited to the use of State Data for: machine learning; training, retraining, or fine-tuning large language models, neural networks, probabilistic based tools, or other similar technology. Unauthorized use or disclosure of State Data may violate state or federal laws, including MCL 752.795.

4. Replace Section 45, Reserved, with the following:

45. Artificial Intelligence.

45.1 Model Cards.

(a) Contractor will provide a comprehensive model card for any artificial intelligence (including but not limited to machine learning models, large language models, neural networks, or probabilistic based tools) integrated into the Deliverables. A comprehensive model card will include model details (name, version, architecture, training methodology); intended uses and known limitations;

description of training data and data sources; evaluation metrics and performance benchmarks; fairness, ethical, and safety considerations; and maintenance plan and update history.

(b) Contractor will provide the initial model card prior to deployment of the applicable model and will update the model card promptly upon any material changes to the model. Examples of material changes include but are not limited to retraining of the model, version changes, changes to input data, or known performance deviations such as performance degradation or risk factors that could impact the quality, behavior, or reliability of the Deliverables. Contractor will provide 30-calendar days’ advance notice of any material changes to model versions and will conduct regression testing prior to deployment. Material changes to AI models will not degrade performance or increase risk exposure to the State.

(c) Contractor must deliver model cards in a format reasonably acceptable to the State and the model cards must be kept up to date during the Term.

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(d) Audit rights. The State reserves the right to audit the accuracy and completeness of any model card and request clarification or supporting evidence for any claims made therein. Contractor will provide the clarification or supporting evidence within 10 Business Days of the State’s request. The State may use a qualified independent third-party to conduct and complete or assist in the audit.

Contractor will provide reasonable assistance and cooperate with the audit.

45.2 Third-Party Artificial Intelligence.

If Contractor integrates a third-party artificial intelligence (including but not limited to machine learning models, large language models, neural networks, or probabilistic based tools) into the Deliverables, Contractor will ensure that the third-party artificial intelligence model complies with the auditability and documentation requirements in this Contract.

5. Replace Section 46, Reserved, with the following:

46. Work Product Representations and Warranties.

Contractor represents and warrants to the State that:

(a) Contractor has all necessary rights, title, and/or licenses required to create, develop, or generate Work Product and/or User Data and to transfer all ownership rights in Work Product to the State as set forth in Section 9, Intellectual Property Rights.

(b) To Contractor’s knowledge, Work Product delivered under this contract does not infringe upon or violate any third-party intellectual property rights.

(c) Contractor is the author, creator or authorized licensee of all Work Product provided under this Contract.

AI Technical & IP Clarifications for AI Add-On

• Data Privacy & Model Non-Training: Contractor confirms that State Data, queries, prompts, and outputs processed by the nVIRO AI Add-On will not be used, disclosed, or made available to train, retrain, or fine-tune any public, multi-tenant, or third-party machine learning models, neural networks, or large language models (LLMs), in accordance with Section 23.3(d).

• Proprietary IP & Base Platform Rights: Notwithstanding the definitions of User Data (Section 1) or Work Product (Section 1) in the Contract, "Work Product" shall not include Contractor’s pre-existing software, base system algorithms, generic system workflows, system architecture, base prompt structures, or core nVIRO AI platform capabilities, all of which remain the sole and exclusive intellectual property of Contractor.

C. AI Add-On Pricing Terms This Change Notice updates the Contract scope to include the ability to purchase nViro user licenses, effective upon the approval to activate the Add-On for nVIRO version 2026.2. The AI Add-On is priced on a per-user basis and is separate from and in addition to the existing annual base license under the Contract.

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• Rate: $10.00 per active internal nViro user per month, effective upon commencement of production usage of nVIRO v2026.2. This rate is applicable to the State of Michigan as a legacy contract client and is fixed for an initial term until October 1, 2027, and for each 12-month period thereafter on October 1. Contractor may propose a revised monthly per-user rate prior to the end of any annual term by providing at least ninety (90) days’ written notice prior to the renewal date. Any revised rate shall take effect only upon mutual execution of an updated Change Notice or Pricing Schedule pursuant to Section 7.2(c). If a revised rate is not agreed upon prior to the renewal date, Contractor will not remove the AI Add-On for six months after expiration of the renewal date, and the State will continue to pay Contractor at the previously agreed upon rate, without affecting the State’s base license or any other services under Contract 210000001348.

• Licensing structure: Purchased in blocks of 50 active internal nVIRO users. The State will purchase sufficient blocks to cover all active internal users, in blocks of 50. If the State adds new programs or expands operations during the term, additional 50-user blocks may be added mid-term at the pro-rated rate of $10.00 per user per month for the remainder of the active 12-month term effective at the expiration of any warranty period. If new programs are added, or operations are expanded, and the State has unused active internal users from a block of licenses already purchased, then the unused active internal users may be assigned to the new program or expanded operations without additional cost to the State.

• Managed Cloud Infrastructure: The State will continue to use the Contractor’s managed cloud infrastructure.

• Payment Schedule: AI Add-On charges commence upon the start of production usage of nVIRO v2026.2 AI features. No charges apply during the governance review, contractual preparation, deployment, or testing periods preceding production go-live. The first month’s charge will be pro-rated based on the date of production activation. All invoices must include the purchase order number. Payment shall be considered timely if made by DTMB within forty-five (45) days after receipt of properly completed invoices.

TASKS:

The Contractor will perform the following tasks:

Task 1 — Model Card Documentation Requirements

Contractor will deliver initial Model Cards prior to activation of any AI capability

Task 2 — Readiness for Activation (Post-CN)

Although activation is not part of this CN, Contractor will:

• Prepare configuration steps to set up SOM environment required for future AI enablement.

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• Provide an estimated activation timeline upon request. Contractor’s ’s current estimate is approximately 5–7 business days following receipt of written authorization from the Agency and DTMB Program Managers.

• Identify any pre-activation dependencies or steps required by the State.

Accessibility Requirements.

Starting 4/26/2027, throughout the Term, all websites, applications, software, content, and electronic documents, including but not limited to mobile applications, text, images, sounds, videos, controls, animations, links, and documents (including files in the following formats: PDF, word processing, presentation, and spreadsheet), created, provided, or made available by the Contractor under this Contract (collectively, the "Digital Deliverables"), must conform to WCAG 2.1 Level AA. Throughout the Term, Contractor must ensure that no changes to any Digital Deliverables will have any adverse effect on conformance to WCAG 2.1 Level AA.

The requirement to conform to WCAG 2.1 Level AA does not apply to any Digital Deliverable to the extent it meets an exception as set forth under 28 CFR § 35.201 or has minimal impact on access as set forth under 28 CFR § 35.205. Final determination of whether a Digital Deliverable meets an exception, or is otherwise carved out from conformance with 28 CFR § 35.200, will be in the full discretion of the State

Notwithstanding the above, Contractor will have no obligation to conform PDF’s and other documents created by the State or other third parties.

Contractor must, upon the State's written request, provide Digital Deliverables in one or more alternative formats and within time frames specified by the State.

State of Michigan Digital Standards for Websites and Applications Review. Throughout the Term, Contractor must, upon request from the State, submit documentation or other information regarding accessibility and Contractor's compliance with WCAG 2.1 Level AA, including without limitation, a completed product accessibility template, including any Information Technology Industry Council Voluntary Product Accessibility Template also known as a VPAT® and/or a description of the evaluation methods used to support WCAG 2.1 Level AA conformance claims, including, if applicable, any third-party testing. In addition, prior to Digital Deliverables being accepted, put into production, or as otherwise required by the State, the State may conduct a review to assess accessibility and compliance with WCAG 2.1 Level AA.

In the event any of Contractor's Digital Deliverables contain a non-conformance with WCAG 2.1 Level AA that materially impairs a person with a disability from accessing or using the affected Digital Deliverable, Contractor will have 180 days from the State's written notice of such non-conformance to remediate the non-conformance. If Contractor fails to remediate the non-

Version 2026-1 7 of 7 conformance within the 180-day timeframe, the State may terminate the affected offering and receive a prorated refund for any prepaid, unused fees for that offering.

PROJECT CONTACTS:

The designated EGLE Program Manager is:

Sarah Ehinger EGLE – Water Resource Division

6938 ELM VALLEY DR

KALAMAZOO MI 49009

United States 269-216-1341 EhingerS1@michigan.gov

The designated DTMB Program Manager / BRM is:

Laura Brancheau DTMB – Agency Services Deborah A. Stabenow Building, 1st Floor, North Tower 525 W. Allegan Lansing, MI 48933 517-335-1334 BrancheauL@michigan.gov mailto:EhingerS1@michigan.gov mailto:BrancheauL@michigan.gov

STATE OF MICHIGAN PROCUREMENT

Department Technology, Management and Budget Central Procurement Services 320 S Walnut Street Lansing, MI 48933 P.O. Box 30026, Lansing, MI 48909

CONTRACT CHANGE NOTICE

CONTRACT SUMMARY

EGLE Enterprise Environmental System

INITIAL EFFECTIVE DATE INITIAL EXPIRATION DATE INITIAL AVAILABLE OPTIONS EXPIRATION DATE

BEFORE

September 1, 2021 September 30, 2026 5 - 1 Year September 30, 2026

PAYMENT TERMS DELIVERY TIMEFRAME

ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING

MINIMUM DELIVERY REQUIREMENTS

P-Card Direct Voucher (PRC) Other Yes No

4386 S Macadam Ave , Suite 101

Portland OR 97239

Simon Watson10012022

503-675-7833

Simon_watson@windsorsolutions.com

CV0066405

WINDSOR SOLUTIONS INC

C O

N

TR

A C

TO

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Robin Lampert

517-582-2746

DTMB

Various Various

LampertR1@michigan.gov

C ontract

A dm inistrator Program M anagerSTA

TE

Change Notice Number 5

Contract Number MA210000001348 to

DESCRIPTION OF CHANGE NOTICE

OPTION EXTENSIONLENGTH OF OPTION LENGTH OF EXTENSION REVISED EXP. DATE

CURRENT VALUE VALUE OF CHANGE NOTICE ESTIMATED AGGREGATE CONTRACT VALUE

0 Years

$12,203,084.00 $5,028,911.00 $17,231,995.00

DESCRIPTION

Effective 9/11/2025, the parties add the following Statements of Work and funding:

1. The first SOW seeks approval for funding in the amount of 60,000.00, as well as seeking approval to broaden the scope of work of the Contract to add the Waste Data System (WDS) programs under a maintenance agreement. This was previously under maintenance on Contract # 071B5500098 for the Department of Environmental Quality (DEQ), which is no longer active, and we are seeking approval to expand the scope of this Contract, as it already helps other EGLE departments complete their daily tasks in the management and collection of data.

2. The second SOW seeks approval for funding in the amount of $459,104.00. The funding will be used to add enhancements to improve Public Access Functionality, Health Department and EGLE Staff Functionality, Data Flows, Data Migration, Implementation / Cloud Hosting, Project Management, and Additional Features.

3. The third SOW seeks approval for funding in the amount of $4,968,911.00 and add a SOW that will allow MiEnviro system to replace WDS (071B4300150) and Re-TRAC (071B4300150) systems, configuring and migrating facility, permit, compliance, and enforcement data and business processes to take advantage of the new system features. It includes updated licensing and Maintenance & Support costs to cover new users. The implementation will include solid waste, hazardous waste and liquid industrial by product programs.

In total, the SOWS cost $5,388,015.00, but will use existing funding already on the Contract.

The Contract Administrator is now Robin Lampert.

All other terms, conditions, specifications remain the same. Per Contractor, Agency, DTMB Procurement, and the State Administrative Board on 9/11/2025.

AGENCY NAME PHONE EMAIL

DTMB Laura Brancheau 517-335-1334 BrancheauL@michigan.gov

EGLE Brad Pagratis 517-388-1548 pagratisb@michigan.gov

Program Managers for

Multi-Agency and Statewide Contracts

CHANGE NOTICE NO. 5 TO CONTRACT NO. MA210000001348

CHANGE NOTICE NO. 5 TO CONTRACT NO. MA210000001348

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STATEMENT OF WORK -

IT CHANGE NOTICE

Project Title:

Application Maintenance and Support

Period of Coverage:

7/29/2025-9/30/2026

Requesting Department:

EGLE

Date:

9/11/2025

Agency Project Manager: Carlie Money

Phone:

517-897-4805

DTMB Project Manager:

Jeanette Clark

Phone:

517-243-7384

Brief description of services to be provided:

Contractor will provide maintenance and enhancements for the following application for the Michigan’s department of Environment, Great Lakes, and Energy (EGLE):

• Waste Data System (WDS)

BACKGROUND:

Waste Data System (WDS) application for the department of Environment, Great Lakes, and Energy (EGLE) that were under maintenance on Contract # 071B5500098. EGLE is dependent on this critical application to perform their daily activities in protecting the environment and serving the citizens.

PROJECT OBJECTIVE:

The objective is to add the Waste Data System (WDS) program under a maintenance agreement on Contract # 210000001348. As this Contract already used to support EGLE’s Air Quality Division (AQD) and Water Resources Division (WRD) manage data and collect data, moving this program to this Contract is a natural fit. WDS is custom built by the Contractor for EGLE and is a State Material, owned by the State.

The system is an integral to EGLE’s operations and are slated for future migration to more modern solutions. However, during this transitional period, it is imperative to ensure their continued performance.

WDS

The Materials Management Division is responsible for program areas that deal with solid, liquid, medical and hazardous waste, hazardous products and radioactive materials. WDS is the principal integrated database to manage this information and the regulated facilities. It compiles compliance, handler, permitting/Licensing, monitoring, grant, and fee data. The data collected in WDS application provides information necessary for fee collection and also provide requisite

Version 2021-1 2 of 15 program data to the management to streamline the program tasks that staff are required to complete.

The WDS application was developed by the vendor using .NET framework and SQL 2008 database and was implemented in DTMB servers in 2011. WDS tracks activities at sites regulated by the Solid Waste, Scrap Tire, Hazardous Waste, Liquid Industrial Waste, and Materials Utilization programs.

WDS provides information on ownership and operation of the site; the status of any required permits, licenses, registrations, or certifications; compliance status; authorized transporters;

shipments of hazardous or liquid industrial waste (manifest); and user fees.

SCOPE OF WORK:

In Scope

• Maintenance and support of the application listed above

• Enhancements to the application listed above, which, for avoidance of doubt, will be Work Product, as defined in the Contract Terms and Conditions.

Environment

State of Michigan will host the development, QA/UAT and production environments for SOM use of these application. The SOM IT environment includes FedRAMP authorized major cloud providers and on-premises market leading virtualization environments, with supporting platforms that includes enterprise storage, monitoring, and management to be run in-house provided by the cloud hosting.

A. Maintenance and Interface Support

The work being added in this Statement of Work does not alter the maintenance of the PaaS nVIRO application in the current contract.

The work being added for Maintenance/Interface Support includes Technical Support and Help Desk services as an hourly, not to exceed time and materials, pricing model.

Contractor will provide Maintenance and Support services, billed in accordance with the rates outlined in SOM Contract Number 171-210000001348 – Table 4 Labor Rates for Optional Future Enhancements, inclusive of the annual standard 2% rate increase.

Maintenance and Support is used to provide the following types of activities:

• General support requests and inquiries

• Training Requests

• Development of documentation of solution details and system technical details.

• Testing and Troubleshooting support unrelated to enhancements.

• MI specific application configuration support

• Deployment support for releases and emergency patches

• Periodic Status Reports and Status Meetings

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• Updates to source code to address security issues or bug patches for common frameworks.

• Assisting SOM DTMB, in their hosting and support of the system, as requested.

• Maintaining authentication credentials to SOM resources

• Custom Release Notes

All hours will be tracked in the Contractor’s time reporting system.

Contractor will estimate and obtain pre-approval for any maintenance and support activities or requests that are anticipated to exceed 16 hours. In addition, the Contractor will communicate any in-process maintenance activities or requests, which, due to unforeseen circumstances, encroach upon 16 hours of effort, and obtain EGLE approval prior to performing any additional work on that activity.

Technical Support

Technical Support includes all services to plan for, schedule, execute, validate, and implement system changes to maintain the in-scope application and related interfaces in compliance with State standards.

a. Software technical support will include:

(i) Break/fix Maintenance: Unscheduled corrective maintenance.

• Critical Service Error

• High Service Error

• Medium Service Error

• Low Service Error

(ii) Maintenance: providing upkeep on an existing product, the ongoing administration of accepted and "completed" functionalities/features. To provide ongoing support to end-users, to fix previously unknown bugs in the accepted functionality. To ensure the system continues to comply with the contract terms.

b. All maintenance must be performed by qualified personnel familiar with the software.

c. Work to be scheduled and completed to meet SLAs in accordance with the appropriate Support Request Classification table in Schedule D – Service Level Agreement Section 2.4.

d. Contractor must maintain a roadmap for in-scope applications.

e. Contractor must pro-actively identify and plan for maintenance to remain compliant with State standards.

f. Contractor must support operational maintenance activities to remain in compliance with State PSPs to include Governance, Risk and Compliance practices and disaster recovery.

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g. Contractor must track maintenance team's progress, predict delays, and monitor and control Software maintenance initiatives.

h. Contractor must provide maintenance services according to the standard procedures of the State and specific practices in use by the related Agency. If applicable, the State will provide access to Agency specific tools and environments related to software maintenance activities. If required by the State, the Contractor must use SOM provided VPN access to development environments for Services provided under this Contract.

i. Contractor must support release schedule for in-scope application as determined by the State. Consideration will be given to volume of defects and coordination with active development efforts for enhancements.

j. Contractor will resolve software application errors which may include working with DTMB staff.

k. Contractor will participate in applicable change management activities for related coordination of changes between the application/Agencies.

l. Contractor must provide application support through any implementation's Software Life Cycle (SLC) phases up to and including post-implementing metrics reporting.

For additional information, refer to Schedule D – Service Level Agreement.

Help Desk Support

Help Desk Support includes the provision of tools, communications, resources and processes to manage and prioritize the intake of support calls/requests and enhancement requests.

a. Contractor Help Desk Support must accommodate intake of requests via phone, web app/portal and email.

(i) Phone support must be available 7:30am to 5:00pm Eastern Time on all State business days.

(ii) Phone support must provide an option to leave a message outside of help desk support hours.

(iii) Web/app portal and email submission must be available 24x7x365

b. Requests are to be categorized using defined categories agreed to by the State

c. Contractor will record actions associated with each request using defined milestones agreed to by the State

d. Help desk tools must support a method for the requester to look up the status of a request.

e. Help desk tools must support providing one or more file attachments to the submitted request.

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f. Contractor will provide a user account to the State for the ability to view active and historical request details and generate reports supported by the help desk support tools.

g. Contractor must provide access to the associated data or support the provision of data exports from the help desk tool to enable ad hoc data reporting needs of the State, at no additional cost to the State.

h. Help Desk Support must include an escalation process.

i. All requests must be logged to include:

(i) Date and time received

(iii) Submitter

(iv)Submitter contact information

(v) Request resolution

(vi) Date and time resolved

For additional information, refer to Schedule D – Service Level Agreement.

Initiation and Management of Support Requests and Provisions – Will be executed per Schedule D – Service Level Agreements in Contract # 210000001348.

B. Optional Future Enhancements

At the State's option, Contractor will provide additional services to enhance the system being maintained in this contract. The contractor shall commit to providing professional services to implement enhancements for the duration of the contract. All enhancements will be identified by DTMB and/or EGLE program staff as the need arises or due to new regulations. The identified enhancements for each application will be reviewed and approved by the respective EGLE program staff and DTMB staff. For avoidance of doubt, all such enhancements will be Work Product, as defined in the Contract Terms and Conditions.

In the event the State requests enhancements, the State will submit a Statement of Work (SOW) to the Contractor for the additional services requested. For each such SOW received from the State, the Contractor will provide a Written Proposal, including a project plan and a quote based on the rates established in Cost Table 8. Upon review and written approval of the Written Proposal by the DTMB PM and the Agency PM, a contract amendment (Change Notice) will be executed. A fully executed Change Notice is required prior to issuance of any Delivery Order (DO). An issued DO is required prior to Contractor providing any goods or services under this Section.

The State may request upgrades or changes to the features of the system, which fall outside the definition of maintenance or alternatively request for maintenance and support services that are of a scope that will exceed the maintenance budget for the respective system. These requests will be addressed under the enhancement category.

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In the instance of upgrades or changes to system features, the State will provide the Contractor with a scope of work specifying the desired modifications or enhancements.

The Contractor will respond in kind with firm fixed price not to exceed price estimates, as well as a description of the Contractor’s understanding of the scope of work and approach to meeting the effort and the SOM requested deliverables.

The Contractor reserves the right to propose scoping and analysis activities including a project checkpoint that may result in either a modification of scope to meet the proposed budget or a modification to the project budget to meet the desired scope. This will occur in instances where the scope is unclear, or the requested work is impactful enough to require some level analysis and design, to confidently assess costs for the effort. The State must approve any scope changes from the Contractor before work commences.

Deliverable(s)

SUITE documents applicable to the scope of services as identified by the State which may include:

• Requirements

• Updated Functional Design

• Updated System Design

• Test Plan

• Test Cases

• Test Results

• Implementation Plan

• Uncompiled Code

• Deployable Code/scripts

As the above documents affect level of effort, the State will assess needs for these documents and explicitly include desired deliverables in the Change Notice Scope of Work.

Acceptance Criteria

There is no change to acceptance criteria for the addition of this scope.

PROJECT CONTROL AND REPORTS:

A monthly progress report must be submitted to the Agency and DTMB Project Managers, as applicable, throughout the life of this project. This report must be followed a 15 minute checkpoint status call. This report may be submitted with the billing invoice. Each monthly progress report must contain the following:

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1. Hours: Indicate the number of hours expended during the past two weeks, and the cumulative total to date for the project. Also state whether the remaining hours are sufficient to complete the project.

2. Accomplishments: Indicate what was worked on and what was completed during the current reporting period.

3. Funds: Indicate the amount of funds expended during the current reporting period, and the cumulative total to date for the project.

SPECIFIC DEPARTMENT STANDARDS:

Maintenance and Support work will be performed in accordance with Agency standards, if any, in addition to DTMB standards listed in the Contract.

PAYMENT SCHEDULE:

The table below represents the funds for a time and materials not to exceed budget based on hourly rates. It is not a flat annual maintenance chart.

Application Year 2025 Year 2026 Year 2027 Total

Waste Data System $20,000.00 $20,000.00 $20,000.00 $60,000.00

TOTAL $60,000.00

DTMB will pay Contractor upon receipt of properly completed invoice(s) which shall be submitted to the billing address on the State issued purchase order not more often than monthly. DTMB Accounts Payable area will coordinate obtaining Agency and DTMB Project Manager approvals. All invoices should reflect actual work completed by payment date and must be approved by the Agency and DTMB Project Manager prior to payment. The invoices shall describe and document to the State’s satisfaction a description of the work performed, the progress of the project, and fees. When expenses are invoiced, receipts will need to be provided along with a detailed breakdown of each type of expense.

Payment shall be considered timely if made by DTMB within forty-five (45) days after receipt of properly completed invoices.

If Contractor reduces its prices for any of the software or services during the term of this Contract, the State shall have the immediate benefit of such lower prices for new purchases. Contractor shall send notice to the State's DTMB Contract Administrator with the reduced prices within fifteen

(15) Business Days of the reduction taking effect.

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Roles and Responsibilities

CONTRACTOR STAFF, ROLES, AND RESPONSIBILITIES

Contractor Staff

The Contractor will provide sufficient qualified staffing to satisfy the deliverables of the Contract, per Section 14. Contractor Personnel and Section 15. Contractor Key Personnel.

Project Manager/Single Point of Contact (SPOC):

John Kostakos mailto:john_kostakos@windsorsolutions.com

503-330-5171

PROJECT MANAGEMENT

Project Plan

Preliminary Project Plan

In the event the parties amend the contract to adjust maintenance, support and any future enhancement services the parties will develop a mutually acceptable Project Plan via a Change Notice.

The Contractor must follow the agreed upon terms specified in this Change Notice and the Contract.

Project Control & Reports

The Contractor must follow the agreed upon terms of Section 19. Project Control & Reports.

Risk Management

A risk is an unknown circumstance or event that, if it occurs, may have a positive or negative impact on the project.

The Contractor is responsible for establishing a risk management plan and process, including the identification and recording of risk items, prioritization of risks, definition of mitigation strategies, monitoring of risk items, and periodic risk assessment reviews with the State, as required by the State.

A risk management plan format shall be submitted to the State for approval within twenty (20) business days after the effective date of the contract amendment for enhancements.

mailto:

mailto:john_kostakos@windsorsolutions.com

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The Contractor is responsible for identification of risks during the project. Mitigating and/or eliminating assigned risks will be the responsibility of the Contractor. The State will assume the same responsibility for risks assigned to them.

FINAL ACCEPTANCE

Final acceptance will be based on validated production implementation and is expressly conditioned upon completion of ALL Deliverables/milestones identified, completion of ALL tasks in the project plan, completion of ALL applicable inspection and/or testing procedures, and the certification by the State that the Contractor has met the defined requirements.

EXPENSES:

The State will NOT pay for any travel expenses, including hotel, mileage, meals, parking, etc.

PROJECT CONTACTS:

The designated DTMB Project Manager is:

Name: Jeanette Clark Department: DTMB Area: Agency Services Phone Number: 517-243-7381 Email Address: ClarkJ4@Michigan.gov

The designated WDS Project Manager is:

Name: Carlie Money Department: EGLE Area: Materials Management Division Phone Number: 517-897-4805 Email Address: MoneyC@Michigan.gov

To be determined with each enhancement SOW, as applicable.

AGENCY RESPONSIBILITIES:

Agency shall review the project approach, deliverables, specifications of the enhancements in a timely manner.

LOCATION OF WHERE THE WORK IS TO BE PERFORMED:

Consultants will work offsite at the Contractor’s offices.

EXPECTED CONTRACTOR WORK HOURS AND CONDITIONS:

Work hours are not to exceed eight (8) hours a day, forty (40) hours a week. Normal working hours of 8:00 am to 5:00 pm are to be observed unless otherwise agreed to in writing.

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No overtime will be permitted.

This change notice is a release from Contract Number 210000001348. This change notice, statement of work, and the terms and conditions of Contract Number 210000001348 constitute the entire agreement between the State and the Contractor.

PROJECT PLAN:

DATA SECURITY REQUIREMENTS

No changes are being made to the Data Security Requirements in Contract # 210000001348.

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SCHEDULE D – SERVICE LEVEL AGREEMENT (STATE

HOSTED)

This Service Level Agreement applies only to the support for the STATE HOSTED WDS system and does not impact the overall SLA terms of the Contract.

The parties agree as follows:

1. Definitions. For purposes of this Schedule, the following terms have the meanings set forth below. All initial capitalized terms in this Schedule that are not defined in this Schedule shall have the respective meanings given to them in the Contract Terms and Conditions.

“Contact List” means a current list of Contractor contacts and telephone numbers set forth in the attached Schedule D – Attachment 1 to this Schedule to enable the State to escalate its Support Requests, including: (a) the first person to contact; and (b) the persons in successively more qualified or experienced positions to provide the support sought.

“Critical Service Error” has the meaning set forth in the Service Level Table.

“First Line Support” means the identification, diagnosis and correction of Errors by the State.

“High Service Error” has the meaning set forth in the Service Level Table.

“Low Service Error” has the meaning set forth in the Service Level Table.

“Medium Service Error” has the meaning set forth in the Service Level Table.

“Resolve”, “Resolved”, “Resolution” and the correlative capitalized terms mean, with respect to any particular Support Request, that Contractor has corrected the Service Error that prompted that Support Request and that the State has confirmed such correction and its acceptance of it in writing.

“Service Error” means, generally, any failure or error referred to in the Service Level Table.

“Second Line Support” means services Contractor provides in response to a Support Request, including the identification, diagnosis and Resolution of Service Errors by the provision of (a) telephone and email assistance by a qualified individual on the Contact List and remote application support, or (b) on-site technical support at the State's premises by a qualified individual on the Contact List.

“Service Level Failure" means Contractor’s failure to perform the Second Line Support in compliance with this Service Level Agreement within the applicable Service Level Metric.

“Service Levels Metrics” means the required Support Request Response and Resolution times referred to in the Service Level Table.

“State Cause” means any of the following causes of a Service Error: (a) a State server hardware problem; (b) a desktop/laptop hardware problem; or (c) a State network communication problem.

“State Systems” means the State's information technology infrastructure, including the State's computers, software, databases, electronic systems (including database management systems) and networks.

“Support Hours” means 7:30am to 5:00pm Eastern Time on all State business days.

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“Support Period” means the period beginning immediately at the conclusion of the Warranty Period and ending on the date the Contract expires or is terminated.

“Support Request” means the State’s request for Contractor to Respond to and Resolve a Service Error.

“Support Request Classification" means the type and/or severity designation of a Support Request according to and corresponding to the Service Error Classification of a Service Error that is the subject of a Support Request.

“Support Request Response Time” means the period of time, beginning when Contractor receives a Support Request, within which Contractor must acknowledge, in writing, its receipt of the Support Request, as set forth in the Service Level Table.

2. Second Line Support. The State will provide First Line Support prior to making a Service Request for Second Line Support. Contractor shall perform all Second Line Support during the Support Hours throughout the Support Period in accordance with the terms and conditions of this Schedule and the Contract, including the Service Level Metrics and other Contractor obligations set forth in this Section 2.

2.1 Second Line Support Responsibilities. Contractor shall:

(a) provide support reporting mechanisms including email and online issue management for recording and tracking of Support Requests;

(b) respond to and Resolve all Support Requests in accordance with the Service Level Metrics;

(c) provide remote Second Line Support to the State needed to resolve the issue in accordance with the Service Level Metrics;

(d) provide to the State all such other services as may be necessary or useful to correct a Service Error or otherwise fulfill the Service Level requirements, including defect repair, programming corrections and remedial programming.

2.2 Support Requests. If a Service Error is not resolved by First Line Support and if the State has determined that a Service Error is not the result of a State Cause, the State may submit a Support Request. The State will include in its Support Request the applicable Support Request Classification (as set forth below in the Service Level Table) and a description of the Service Error and the time the State first observed the Service Error. The State will submit each Support Request by e-mail or telephone.

2.3 State Obligations. The State shall provide the Contractor with each of the following to the extent reasonably necessary to assist Contractor to reproduce operating conditions similar to those present when the State detected the relevant Service Error and to respond to and Resolve the relevant Support Request:

(a) if not prohibited by the State’s security policies, remote access to the State Systems.;

(b) output and other data, documents and information, each of which is deemed the State’s Confidential Information as defined in the Contract; and

(c) such other reasonable cooperation and assistance as Contractor may request.

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2.4 Service Level Table. As set out in the “Service Level Table” below, applicable Service Level Metrics will be measured from the time Contractor receives a Support Request until the respective times Contractor has (a) responded to that Support Request, in the case of Support Request Response time and (b) Resolved that Support Request, in the case of Support Request Resolution time. Contractor shall respond to and Resolve all Support Requests within the following times based on the State's Support Request Classification, subject to the State’s written agreement to revise such designation after Contractor's investigation of the reported Service Error:

SERVICE LEVEL TABLE

Support Request Classification

Definition Service Level Metric for Required Support Request Response Time

Service Level Metric for Required Support Request Resolution Time)

Critical Service Error

Any Service Error comprising or causing any of the following events or effects issue affecting the entire system or a single critical production function:

(a) Software down or operating in materially degraded state;

(b) Data integrity at risk;

(c) Material financial impact;

(d) Widespread access interruptions: or

(e) Classified by the state as a Critical Service Error

Contractor shall acknowledge receipt of a Support Request within 8 hours.

For Software: Contractor shall make best efforts to Resolve the Support Request as soon as possible after Contractor's receipt of the Support Request.

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Support Request Classification

Definition Service Level Metric for Required Support Request Response Time

Service Level Metric for Required Support Request Resolution Time)

High Service Error

(a) A Critical Service Error for which the State has received, within the Resolution time for Critical Service Errors, a work-around that the State has accepted in writing; or

(b) Primary component failure that materially impairs Software’s performance;

(c) Data entry or access is materially impaired on a limited basis; or

(d) performance issues of severe nature impacting critical processes

Contractor shall acknowledge receipt of a Support Request or, where applicable, the State's written acceptance of a Critical Service Error work-around, within 24 hours.

Contractor shall make best efforts to Resolve the Support Request as soon as possible after Contractor's receipt of the Support Request or, where applicable, the State's written acceptance of a Critical Service Error work-around.

Medium Service Error

An isolated or minor Error in the Software that meets any of the following requirements:

(a) does not significantly affect Software functionality;

(b) can or does impair or disable only certain non-essential Software functions; or

(c) does not materially affect the

Contractor shall acknowledge receipt of the Support Request within 2 Business Days.

Contractor shall make best efforts to Resolve the Support Request as soon as possible after Contractor's receipt of the Support Request.

If Medium Service Error has not been resolved in 10 Business Days, the State may resubmit as a High Service Error.

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Support Request Classification

Definition Service Level Metric for Required Support Request Response Time

Service Level Metric for Required Support Request Resolution Time)

State's use of the Software

Low Service Error

Request for assistance, information, or services that are routine in nature.

Contractor shall acknowledge receipt of the Support Request within 5 Business Days.

Contractor shall make best efforts to Resolve the Support Request as soon as possible after Contractor's receipt of the Support Request.

If Low Service Error has not been resolved in 60 Business Days, the State may resubmit as…