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<br />, <br /> <br />. <br /> <br />. <br /> <br />ARTICLE 2. COMPENSATION <br /> <br />In consideration for the performance of the said work and services, Principal Representative agrees to pay to <br />Consultant fees and charges not to exceed one hundred thirtv eight thousand seven hundred fifty dollars ($ <br />138,750) as set forth in the compensation for this evaluation (Task 1 through and including Task 7), dated <br />December 5. 2001, which documents are attached hereto and made a part hereof by reference as Exhibit <br />"D". <br /> <br />The Consultant agrees this is a time and materials contract with a maximum compensation (ceiling). The <br />Consultant will provide monthly invoice statements to the Principal Representative that itemizes hourly <br />charges by person and other direct costs. After review and acceptance of the charges and costs therein, the <br />State shall pay the Consultant 90% of the amount of the invoice within 45 days of receipt of said invoice, <br />Ten (10) percent of each invoiced amount will be retained by the Principal Representative and provided to <br />the Consultant within thirty (30) days of the completion of the Contract. Contract completion includes <br />delivery of the work products specified in Exhibit" A" and acceptance of those products by the Principal <br />Representative. <br /> <br />The costs presented in Exhibit "D" by Task and subtask were developed for compensation and project <br />management purposes. If documented in the Consultant's monthly invoice, subtask costs may be reassigned <br />within a Task by the Consultant without Principal Representative approval. Tasks costs may be reassigned <br />to another Task if mutually agreed to in writing between the Principal Representative and Consultant. <br /> <br />ARTICLE 3. CONSULTANT CERTIFICATION <br /> <br />In accordance with Title 024-30-1404 (1), C.R.S., the Consultant has executed a certificate, which is <br />attached hereto and made a part hereof by reference as Exhibit "C", stating that wage rates (Exhibit "B") <br />and other factual unit costs supporting the compensation paid by the State for these professional services are <br />accurate, complete, and current. The original contract price and any additions thereto shall be adjusted to <br />exclude any significant sums by which the State determines the contract price has been increased due to <br />inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such contract adjustments <br />shall be made within one year following the end of this contract. <br /> <br />ARTICLE 4. CONTRACT EXPIRATION <br /> <br />Unless sooner terminated, this Contract shall remain in effect until the work and services are completed and <br />accepted by the Principal Representative. The Consultant agrees to perform the work for the evaluation <br />(Task 1 through and including Task 7), described by Task in Exhibit "A" within the schedule dated <br />December 5.2001, which documents are attached hereto and made a part hereof by reference as Exhibit <br />"E". <br /> <br />The Consultant shall not be responsible for delays which are due to causes beyond the Consultant's <br />reasonable control. The Consultant shall notify the Principal Representative, in writing, of any delays due <br />to causes beyond the Consultant's reasonable control. The Consultant shall attempt to resolve the adverse <br />effects of any such delays through discussions with the Principal Representative. In the case of any such <br />delay, the schedule set out in Exhibit "E" shall be revised if mutually agreed to in writing by the Principal <br />Representative and Consultant. <br /> <br />Page 4 <br />