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incorporated by reference under the terms of this Contract, and any future modifying agreements,
<br />exhibits, attachments or references that are incorporated pursuant to State Fiscal Rules and Policies.
<br />1.3. "Exhibit" means a statement of work document, schedule, budget, or other identified exhibit which
<br />has been incorporated into and attached to this Contract.
<br />1.4. "Services" means services performed or tangible material produced or delivered in the performance
<br />of services.
<br />BASIC CONTRACT TERMS
<br />2. Scope of Work
<br />Grantee shall perform the Services described in Exhibit A, Scope of Work.
<br />3. Performance Standard
<br />Grantee shall perform the Services described in Exhibit A, Scope of Work, in accordance with the highest
<br />standard of care, skill and diligence provided by a professional person or company in performance of work
<br />similar to the Services, and all services, and all consumables, products, and materials used in performance
<br />of the Services shall be of good quality and free from faults and defects. Grantee warrants that (a) services
<br />or goods provided under this Contract shall meet the description in Exhibit A, Scope of Work, (b) there are
<br />no pending or threatened suits, claims, or actions of any type with respect to the services provided and (c)
<br />the services and goods shall be free and clear of any liens, encumbrances, or claims arising by or through
<br />Grantee or any party related to Grantee.
<br />4. Performance Term
<br />4.1. This Contraet shall be effective upon approval by the Colorado State Controller, or designee, (the
<br />"Effective Date") and extend through June 30, 2011. Performance of this Contract shall commence
<br />as soon as practicable after the Effective Date and shall be undertaken and performed in the
<br />sequence and manner set forth in Exhibit A, Scope of Work.
<br />4.2. In the event the State desires to continue the Services and a replacement Contract has not been fully
<br />approved by the termination date of this Contract, the State, upon written notice to Grantee, may
<br />unilaterally extend this Contract for a period of up to two (2) months. The Contract shall be extended
<br />under the same terms and conditions as the original Contract, including, but not limited to prices,
<br />rates and service delivery requirements. This extension shall terminate at the end of the two (2)
<br />month period or when the replacement Contract is signed by the Colorado State Controller or an
<br />authorized delegate.
<br />5. Grant Award (Compensation)
<br />5.1. Payment of the grant award amount pursuant to this Contract will be made as earned, in whole or in
<br />part, from available State funds encumbered in a maximum amount not to exceed $200,000 for the
<br />performance of the Services and acquisition of Goods required by this Contract and Exhibit A,
<br />Scope of Work. Satisfactory performance under the terms of this Contract shall be a condition
<br />precedent to the State's obligation to compensate Grantee.
<br />52. The maximum compensation payable under this Contract, and under any renewaf hereof, shall
<br />include all Grantee fees, costs and expenses, including but not limited to, labor costs, rent or
<br />mortgage payment, travel expenses, overhead, parts, repairs and replacements, mileage, supplies,
<br />maifing, testing, communications, reporting, debugging, delivery charges or other operatian or
<br />Contract expenses.
<br />5.3. The State shall not be liable to Grantee for payment of work or services or for costs or expenses
<br />incurred by Grantee prior to the "Effective Date".
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