Q25-00007 ADELANTE GRANT - DEVELOPMENT AND PROGRAM SERVICES.pdf

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ADELANTE CONNECT GRANT DEVELOPMENT AND PROGRAM SERVICES FOR UNIVERSITY
Solicitation number
DQ25-00007
Issued by
Pueblo County, Colorado

About this file

This document is a Documented Quote (DQ) issued by Colorado State University Pueblo's Procurement Services for the Adelante Connect Grant Development and Program Services. The solicitation seeks a Development and Programming Firm to develop live-time Digital Data Dashboards and connect APIs related to the National Telecommunications Information Communications (NTIA) Adelante Connect Grant. The project is scheduled to run through January 31, 2026, with a total budget of $60,000 for a 10-month period. Key dates include the DQ publication on February 28, 2025, a written inquiry deadline of March 6, 2025, and a proposal submission deadline of March 12, 2025 at 2:00 PM Mountain Standard Time.

The project focuses on developing and operationalizing the Adelante Connect website and digital integration of program services, with goals of achieving digital equity, inclusion, and literacy in the 36 underserved census tracts of the Pueblo community. The selected firm will be responsible for creating fifty 1-3 minute online learning modules in both English and Spanish, integrating API platforms, maintaining software documentation, tracking digital navigation events, and serving as an IT help desk. The university emphasizes the need for a firm with at least 5 years of experience in website development, digital marketing, and extensive program development experience with federal, state, local, and philanthropic organizations, particularly those working in digital inclusion and equity programming.

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COLORADO STATE UNIVERSITY PUEBLO

Procurement Services

Documented Quote

CSU Pueblo DQ25-00007

For

ADELANTE CONNECT GRANT DEVELOPMENT AND

PROGRAM SERVICES FOR UNIVERSITY

February 28, 2025

Documented Quote (DQ) - THIS IS NOT AN ORDER

Physical address

Colorado State University Pueblo Procurement Services 2200 N. Bonforte Boulevard, Admin Building, Room #309

Pueblo, Colorado 81001

Request for Documented Quotes #CSU Pueblo DQ25-00007

Your written proposal with complete pricing information must be submitted to Procurement Services via Rocky Mountain E-Purchasing System (RMEPS)/ BidNet by 2:00 P.M. Mountain Time on March 12, 2025. The file name(s) must include “DQ-25-00007, ADELANTE

CONNECT GRANT DEVELOPMENT AND PROGRAM SERVICES FOR UNIVERSITY.”

SCHEDULE OF ACTIVITIES: TIMELINE

(All times are in local Colorado time)

DQ Published February 28, 2025

Written Inquiry Deadline March 6, 2025 at 2 p.m. MST

Responses to Written Inquiries Published As soon as possible after March 10, 2025

DQ Submission Deadline March 12, 2025 at 2 p.m. MST

Presentations (if needed) If needed, as soon as possible after Submission Deadline

Best and Final Offer (BOFAs) (if needed) If needed, as soon as possible after Presentations

TABLE OF CONTENTS

SECTION TITLE PAGE

I. General Information 4

II. Administrative Information 5

III. Confidential/Proprietary Information 6

IV. Insurance Requirements 6

V. Program Overview / Scope of Work 8

VI. Minimum Mandatory Qualifications 11

VII. Award and Evaluation 12 VIII. Responsibility Determination 13 IX. Contract 13

X. Submittal Requirements 14

XI. Signature Block 15

ATTACHMENTS

A Special Provisions 16

I. General Information

About Colorado State University Pueblo

Colorado State University Pueblo is a comprehensive state university with an enrollment of nearly 4,000 students. With 34 percent of its students Hispanic, it is a designated Hispanic Serving Institution (HSI), and a military friendly university.

The university is dedicated to interdisciplinary learning and entrepreneurship that elevates its people and community, creates educational opportunities, fosters unique collaborations, and supports inclusion, access, and affordability as a gateway to the world.

The 275-acre campus is located in Pueblo, an ethnically and culturally diverse community of more than 120,000 people less than two hours south from Denver.

Pueblo offers numerous art and cultural attractions as well as recreational options.

The campus landscape continues to evolve with the renovation/expansion of the Occhiato Student Center and the recent renovation establishing our new Center for

Integrated Health & Human Inquiry.

In addition to the Pueblo campus, CSU Pueblo offers classes in several majors to meet the needs of working adults and military personnel in Colorado Springs at Fort Carson. Courses are offered in pursuit of the following degrees -- Sociology, Sociology/Criminology emphasis, Social Work, Business Administration-Management -- as well as a variety of lower division general education courses. The Sturm

Collaboration Campus provides selected program access in Castle Rock.

GOAL:

The focus of the Adelante Connect Development and Program Services contract is to develop and operationalize the Adelante Connect website and digital integration of program services, digital marketing, and advocacy strategy to achieve digital equity, inclusion, and literacy goals, and enable the adoption of broadband technology solutions.

CSU Pueblo is seeking a Development and Programming Firm to develop live time Digital Data Dashboards, connect API related to the National Telecommunications

Information Communications (NTIA) Adelante Connect Grant that has been awarded to CSU Pueblo. The timeline of this contract is through 01/31/2026.

II. Administrative Information

A. The sole contact for this Request for Documented Quote is:

Deirdre Gonzales

Phone: 719-549-2355

Email: deirdre.gonzales@csupueblo.edu

B. Solicitation Schedule

Questions regarding this solicitation will be accepted only in writing up to 2 p.m. MST MARCH 06, 2025. Questions can be submitted via email to deirdre.gonzales@csupueblo.edu. When emailing questions, please make sure that the Solicitation Number DQ25-00007 is on the subject line.

Due date for this Document Quote is MARCH 12, 2025, at 2 p.m. MST.

Your written proposal with complete pricing information must be submitted to

Procurement Services via Rocky Mountain E-Purchasing System (RMEPS)/ BidNet by 2:00 P.M. Mountain Time on March 12, 2025. The file name(s) must include “DQ-

25-00007, ADELANTE CONNECT GRANT DEVELOPMENT AND PROGRAM SERVICES

FOR UNIVERSITY.”

Late quotes may not be considered.

C. Official Means of Communication

During the solicitation process for this Documented Quote, all official Communication between the Purchasing Department and bidders will be via postings on Rocky

Mountain E-Procurement System (“RMES”) www.rockymountainbidsystem.com.

The Purchasing Department will post notices, which will include, but not be limited to, any modifications to administrative or performance requirements, answers to inquiries received, clarifications to requirements, and the announcement of the apparent winning bidder. It is incumbent upon bidders to carefully and regularly monitor RMES for any such postings.

D. Documented Quotes (CSU Pueblo Procurement Rules)

In the case of goods or services, the award will be made to the quote determined by the Procuring Agency to be the most advantageous to the University, price/cost being the primary consideration. The determination of whether the quote is acceptable and meets the minimum requirements of the solicitation is solely within the discretion of the Procuring Agency. No formal evaluation system or methodology is required for any documented quote process. The University reserves sole right to determine suitability of product offered.

mailto:deirdre.gonzales@csupueblo.edu mailto:deirdre.gonzales@csupueblo.edu http://www.rockymountainbidsystem.com/

III. CONFIDENTIAL/PROPRIETARY INFORMATION: Any restrictions of the use or inspection of material contained within the response shall be clearly stated in the response itself. The bidder, with the response, shall submit written requests for confidentiality. The bidder must state specifically what elements of the response are to be considered confidential/proprietary.

Confidential/proprietary information must be readily identified, marked and separately packaged from the rest of the response. Co-mingling of confidential/proprietary and other information is NOT acceptable. Neither a response in its entirety, nor price information will be considered confidential/proprietary. Any information that will be included in any resulting contract cannot be considered confidential.

The University Purchasing Department will make a written determination as to the apparent validity of any request for confidentiality. In the event the Purchasing Department does not concur with the bidder’s request for confidentiality, the written determination will be sent to the bidder. Ref. Section 24-72-201 et. seq., C.R.S., as amended, Colorado Open Records Act.

IV. INSURANCE REQUIREMENTS

a. Standard Workers’ Compensation and Employer Liability as required by state statute, including occupational disease, covering all employees on or off the work site, acting within the scope of their employment.

b. 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

(state anticipating HIPAA coverage) with minimum limits as follows:

i. $1,000,000 each occurrence;

ii. $2,000,000 general aggregate;

iii. $2,000,000 products and completed operations aggregate;

iv. $50,000 any one fire; and

v. Per Project General Aggregate Limit. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, Contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the University a certificate or other document satisfactory to the University showing compliance with this provision.

c. Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit as follows: $1,000,000 each accident combined single limit.

d. Professional liability insurance with minimum limits of liability of not less than $1,000,000.

e. Other insurance as may be required by law, or in a specific solicitation. All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to the University.

f. The Board of Governors of the Colorado State University System shall be named as additional insured on the Commercial General Liability and

Automobile Liability Insurance policies (leases and construction contracts will require the additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Coverage required of the contract will be primary over any insurance or self-insurance program carried by the State of Colorado.

g. Insurance shall include provisions preventing cancellation or non-renewal without at least 30 days’ prior notice to the University by certified mail.

h. Contractor will require all insurance policies in any way related to the contract and secured and maintained by the contractor to include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against the State of Colorado, its agencies, institutions, organizations, officers, agents, employees and volunteers.

i. Contractor shall provide certificates showing insurance coverage required by this contract to the University within 7 business days of the effective date of the contract, but in no event later than the commencement of the services or delivery of the goods under the contract. No later than 15 days prior to the expiration date of any such coverage, the contractor shall deliver the University certificates of insurance evidencing renewals thereof. At any time during the term of this contract, the University may request in writing, and the contractor shall thereupon within 10 days supply to the University, evidence satisfactory to the University of compliance with the provisions of this section. Certificate/s of adequate insurance coverage and endorsement/s of additional insured coverage.

Copies of the insurance certificate can be faxed, as noted below, and should be followed by the hard copy of the certificate being mailed to CSU Pueblo’s Purchasing Office.

j. Notwithstanding subsection A of this section, if the Contractor is a “public entity” within the meaning of the Colorado Governmental Immunity Act, CRS 24-10-101, et seq., as amended (“Act’), the contractor shall at all times during the term of this contract maintain only such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request by the University, Contractor shall show proof of such insurance satisfactory to the

University.

A University Purchase Order will not be issued nor payments made until the insurance certificate has been received and approved as meeting the standard requirements. If this award can be renewed for additional years, it is the Contractor’s responsibility to keep the certificate current throughout the contract.

V. PROGRAM OVERVIEW:

The focus of the Adelante Connect Development and Program Services effort is to develop and operationalize the Adelante Connect website and digital integration of program services, digital marketing, and advocacy strategy in order to achieve digital equity, inclusion, literacy goals and enable the adoption of broadband technology solutions. Outcomes and impacts will focus on the above mentioned 36 underserved census tracts area, and the greater Adelante Connect Broadband and Digital Equity

Ecosystem. Success of the implementation process and the measurable outcomes of the Project rests largely on successful alignment of

Website/Marketing/Messaging support of the strategies CSU Pueblo/Adelante Connect and its partners will pursue. The Adelante

Connect strategies will include the following:

• Digital Literacy Training and Coaching

• Broadband Awareness and Adoption

• Broadband Internet Access and Subsidies

• Community Anchor Institutions Program Support

• Project Marketing and Advocacy Strategy

• Broadband Solutions (Access)

The Development and Program Consultant will work with the Communication Coordinator, Director of Digital Equity, Digital Literacy and

Content Consultant, and Director of Strategy Community Partnerships as the Digital Marketing/Communication team, responsible for providing digital equity and inclusion project research, digital marketing, social media strategy, and program messaging support, enabling all digital navigation learning events for the Adelante Connect Project. The project will also create fifty pre-made, 1–3-minute special on-line “Learning Modules” to increase the digital skills and digital learning of the community members we will be servicing. These Learning Module videos will provide basic, but critically important, step-by-step instructions on how to access and use various online resources, as well as competently guide community members towards resources that are suitable to their needs, such as online classes or self-guided tutorials, given their skill level and lifestyle. To be an effective learner in an online environment, one must be digitally literate to foster the ability to use computers and mobile devices, access to information online, and communicate with others, both synchronous (live), and asynchronous (recorded), through various online platforms and social media. The modules must be in both English and Spanish in order to be responsive to the large, underserved Hispanic/Spanish Speaking population of the Pueblo community.

Responsible for integrating digital equity and inclusion project research, digital marketing and social media strategy support, and ongoing assistance for CSU Pueblo’s Connecting Minority Community Adelante

Connect Project. The Development and Program Services consultant will work in collaboration with other team members and project collaborative partners in integrating the foundational digital equity project research and Digital Marketing Strategy necessary for program implementation. Project ecosystem partners may include.

• National collaborative organizations are: National Digital

Inclusion Alliance (NDIA), Federal Communication Commission

(FCC), Department of Commerce, United States Department of Treasury, Department of Agriculture, Institute for Self-Reliance, Schools Health and Libraries Broadband Coalition, and Benton Institute for Broadband Society.

• State of Colorado Organizations include Colorado Broadband Office, Office of the Future Work (Dept. Labor), Department of

Transportation, Department of Local Affairs, Office of Economic Development, and International Trade (OEDIT), Colorado

Educational Broadband Coalition, State Community Technology Initiatives, and the Governor’s Office.

• Regional and Local Planning and Partnerships include The

City of Pueblo, Colorado State University – Pueblo Adelante

Connect, Action 22 Broadband Committee, Southern Colorado

Economic Development District (SCEDD), Pueblo County, Pueblo

Chamber of Commerce, Latino Chamber of Commerce, Pueblo

Economic Develop Corporation, Pueblo Hispanic Education

Foundation (PHEF), Adelante Connect Community Anchor Site’s, Pueblo’s Future is Better Together, and over 30 additional

Community Based Organization, and key Community Technology

Initiatives.

• Private Industry Partners; Internet Service Providers, Community

Technology Private Industry Partners.

• $60,000 for 10-month project, ending January 31, 2026.

SCOPE OF WORK

Integrate API platforms to create live time dashboards from various back-end services and databases.

Gather and refine specifications and requirements based on technical needs.

Create system to and maintain/track software documentation.

Stay engaged with emerging technologies/industry trends (Broadband Access, Digital Equity, Digital Inclusion and Digital Literacy) and apply them into operations and activities.

Create/Track and create live-time dashboards on Digital Navigator

Communications to house and track all Digital Navigation Learning meetings, events tech inventory, and activity participation.

Work in collaboration with Digital Literacy and Content Consultant for tracking of Adelante Connect Literacy Learning Modules.

Work in collaboration with the Director of Digital Equity, and Digital Navigators to track all Navigation events.

Create, code and implement all interactive forms, applications, tracking, budget, is tracked to monitor progress for Adelante Connect projects to ensure collaborative communication and model community learners are accessing and are appropriately using technology and internet per grant goals and objectives.

Serve as Adelante Connect IT Help Desk.

Firms should demonstrate the following:

• At least 5 years of experience in development of websites, graphic art design, video creation, social media dashboards and analytics.

• Extensive program development experience with federal, state, local and philanthropic organizations.

• Expertise and experience working with organizations who provide digital inclusion and equity programming.

• Background and experience in application technology, broadband, healthcare, education, legal and community policy and advocacy work at local, state, and national levels.

• A strong understanding of the Colorado Office of the Future of Work and the Digital Equity Planning efforts.

• Strong understanding of Digital Navigation and its alignment with Digital

Literacy program development.

Reporting Requirements

Adelante Connect Digital Literacy and Content Consultant Reporting Template A Monthly Hours and Activities Reporting Template for the Communications

Consultant for services provided for Adelante Connect. The report will be submitted each month (within 14 days) summarizing the work done by the Firm clarifying the total number of projects completed, hours and activities to CSUP for payment. Total projects completed should fall within the proposed budget and aligned with the scope of Work identified above.

Adelante Connect

Monthly Reporting Template

Category Hours Activities (Module Development)

Integrate API Platforms to create Dashboards

Maintain and Track

Software

Stay engaged with emerging technologies/industry trends

Serve as IT Help desk

Work in Collaboration with Team

Attend Meetings

Refine specifications and requirements based on technical needs

VI. Minimum Mandatory Qualifications

Following are the minimum mandatory qualifications vendors must provide or meet in order to be considered for award. To assist in the evaluation of potential consultants, please provide the following information: Please respond to the items listed below in the order in which they are presented and number your responses to correspond with the items numbered 1 through 8.

1. Firm name, address and contact information: Telephone, email and internet address.

2. Type of firm: individual, partnership, corporation, subsidiary, or government entity.

3. Provide a brief synopsis about your organization: Organizational structure of the firm, including number of years in existence, number and location of offices, total number of employees, names of all the owners of the company and principles of your company.

4. List applicable certifications and licenses.

5. In one page or less, provide a brief history of your firm, including key strengths, distinctiveness from other companies and assets for completing the assignment.

6. Provide the name and a brief biography of the primary consultant who will directly handle this assignment.

7. Provide a description of specific attributes, which make your organization a good fit for serving the needs of the University as described above.

8. Describe the method of compensation for your services (e.g., commission, fee-for-service).

VII. AWARD AND EVALUATION: Award determination will be based on the quote deemed to be the most advantageous to the CSU Pueblo at its sole discretion. In addition, after initial evaluation, the most qualified vendors may be asked to make oral presentations and participate in the interview process. Such presentations and interviews will be at the bidder's expense.

This solicitation does not indicate a commitment by Colorado State University Pueblo to award a contract to any successful respondent. The contract award will be made after selection of one (1) respondent’s proposal from among all respondents with implementation of services to follow. The award of contract is expected to occur within approximately ten (10) days after receipt of proposals. CSU Pueblo intends to evaluate the proposed services based upon the data presented in response to this solicitation. The proposals will be reviewed based on qualifications, specific experience, references, familiarity with services and pricing, and overall ability to meet University requirements.

Particular consideration will be given to respondents utilizing the following criteria:

1. Meet the scope of services (needs/requirements) as described in Paragraph V, Scope of Work.

2. Evidence of ability to provide timely and dedicated customer service.

3. Administrative capability of the firm, including references, client list, offeror’s personnel, financial ability and conflicts of interest.

4. Positive feedback from references and overall reputation

5. Qualifications and Experience of Offeror for providing consulting search services required by University, including the personnel directly and indirectly assigned to the project.

6. Additional services that provide added value to the University.

7. Fee for Service and Related Expenses (Travel, etc.).

VIII. RESPONSIBILITY DETERMINATION:

The Colorado State University -Pueblo Procurement Rules state a Purchasing Agent shall make purchases from, and award Contracts to, Responsible vendors only. The

University reserves the right to make its vendor responsibility determination at any time in this DQ process and may not make a responsibility determination for every vendor.

Factors to be considered in determining whether the standard of responsibility has been met include whether a vendor has:

1) Available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain them as necessary to indicate the capability to meet all contractual requirements;

2) A satisfactory record of performance;

3) A satisfactory record of integrity;

4) The legal authority to contract with the University; and

5) Supplied all necessary information in connection with the inquiry concerning responsibility.

The vendor shall supply information requested by the University in Paragraph 8, Submittal Requirements, concerning the vendor’s responsibility. The University reserves the right to request further information as it deems necessary to determine the vendor’s responsibility. If the vendor fails to supply the requested information, the University shall base the determination of responsibility upon any available information or may find the vendor non- responsible if such failure is unreasonable.

IX. Contract: A condition of the offeror’s response shall be that the contract and/or purchase order resulting from the award to the offeror shall be in the form required by current Colorado statutes, University fiscal rules and Colorado State University-Pueblo procurement rules. The contract will include all such terms and conditions required by these statutes and rules. In the event that the offeror’s forms (or parts of forms) are included as attachments or exhibits in the final contract, the offeror agrees that where there are contradictions or inconsistencies, the terms of the contract shall always supersede, manage, and control those of any such attachment or exhibit. Further, the terms of the solicitation request and of the successful offeror’s response shall be incorporated into the final contract, with the contract taking precedence over either the solicitation or the response, and the solicitation taking precedence over the response in the event the documents conflict.

X. Submittal Requirements

Please format your response in the order listed.

a. Cover Letter. Provide key contact information, including phone number, fax number, and email address. State how you meet the Requirements listed above in Paragraph V, Scope of Work.

b. Minimum Mandatory Qualifications. Provide a brief description of how you meet each of the Minimum Mandatory Qualifications listed above in Section VI.

c. Response to Award and Evaluation Criteria. Response to the award criteria listed in Paragraph VII above. (Response to the criteria, Fee for Service and Related Expenses, is asked for in d. below.)

d. Pricing. Offers must reflect how the firm will complete the services listed in the Paragraph VI, b. Minimum Mandatory Qualifications, and Paragraph VII, Award and Evaluation Criteria. Contractor must provide all labor, materials, personnel, and travel fees for these services.

e. Staffing. Provide a description of how your firm intends to provide the requested services.

f. References. Provide a minimum of three clients that may be contacted for feedback on similar services provided by your firm.

g. Vendor Signature Form. Please complete the “Vendor Signature Form” as attached.

h. W-9. Please complete a W-9 and Business Self-Certification Form as attached.

XI. Signature Block – This page must be submitted with your quote.

Original Signature by Authorized Officer/Agent Vendor’s Tax ID Number (FEIN)

Type or Printed Name of Signor Company Name

Title Phone Number

Vendor Mailing Address Fax Number

City, State, Zip Quote Valid Until (at least 30 days)

E-Mail Address Payment Terms (standard net 30)

ATTACHMENT A

These Special Provisions apply to all contracts except where noted in italics. A.STATUTORY APPROVAL. §24-30-

202(1), C.R.S.

This Contract shall not be valid until it has been approved by the Colorado State

Controller or designee. If this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Contract shall not be valid until it has been approved by the State’s Chief Information Officer or designee.

B.FUND AVAILABILITY. §24-30-202(5.5), C.R.S.

Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.

C. GOVERNMENTAL IMMUNITY.

Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the

Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. 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, contained in these statutes.

D. 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 shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. 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. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract.

Contractor shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents.

E. COMPLIANCE WITH LAW.

Contractor shall comply with all applicable federal and State laws, rules, and

COLORADO SPECIAL PROVISIONS

regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices.

F. CHOICE OF LAW, JURISDICTION, AND VENUE.

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. 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.

G. PROHIBITED TERMS.

Any term included in this Contract that requires the State to indemnify or hold

Contractor harmless; requires the State to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-

106-109 C.R.S. Any term included in this Contract that limits Contractor’s liability that is not void under this section shall apply only in excess of any insurance to be maintained under this Contract, and no insurance policy shall be interpreted as being subject to any limitations of liability of this Contract.

H. SOFTWARE PIRACY PROHIBITION.

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.

I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF

INTEREST. §§24-18-201 and 24-50-507, C.R.S.

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.

J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-

202(1) and 24-30-202.4, C.R.S.

[Not applicable to intergovernmental agreements] Subject to §24-30-

202.4(3.5), C.R.S., the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for:

(i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the

Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The State may also recover, at the State’s 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 by deduction from subsequent payments under this Contract, deduction from any payment due under any other contracts, grants or agreements between the State and Contractor, or by any other appropriate method for collecting debts owed to the State.

K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S.

[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 verification program established pursuant to §8-17.5-102(5)(c), C.R.S., 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 (i) shall not use E-Verify Program or the program procedures of the Colorado Department of Labor and Employment (“Department Program”) to undertake pre-employment screening of job applicants while this Contract is being performed, (ii) shall notify the Subcontractor and the contracting State agency or institution of higher education within 3 days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in the Department 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 Department program.

If Contractor fails to comply with any requirement of this provision or §§8-

17.5-101, et seq., C.R.S., 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.

L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-

101, et seq., C.R.S.

Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that Contractor (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law,

(ii) shall comply with the provisions of §§24-76.5-101, et seq., C.R.S., and

(iii) has produced one form of identification required by §24-76.5-103, C.R.S. prior to the Effective Date of this C

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