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ADDENDUM 1 :
<br /> Additional Terms & Conditions for Information Technology
<br /> IF ANY PART OF THE SUBJECT MATTER OF THIS PO IS INFORMATION TECHNOLOGY, AS DEFINED IN
<br /> CRS § 24-37.5-102 (2), THE FOLLOWING PROVISIONS ALSO APPLY TO THIS PO.
<br /> A. Definitions. The following terms shall be construed and interpreted as follows: (a) "Business Day"
<br /> means any day in which the State is open and conducting business, but shall not include Saturday,
<br /> Sunday or any day on which the State observes one of the holidays listed in CRS §24-11-101(1); (b)
<br /> "CJI" means criminal justice information collected by criminal justice agencies needed for the
<br /> performance of their authorized functions, including, without limitation, all information defined as
<br /> criminal justice information by the U.S. Department of Justice, Federal Bureau of Investigation, Criminal
<br /> Justice Information Services Security Policy, as amended, and all Criminal Justice Records as defined
<br /> under CRS §24-72-302; (c) "HIPAX means the federal Health Information Portability and
<br /> Accountability Act; (d) "Incident" means any accidental or deliberate event that results in or constitutes
<br /> an imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction
<br /> of any communications or information resources of the State, pursuant to CRS §§24-37.5-401 et seq.;
<br /> (e) "PCI" means payment card information including any data related to credit card holders' names,
<br /> credit card numbers, or the other credit card information as may be protected by state or federal law;
<br /> (f) "PHI" means any protected health information, including, without limitation any information whether
<br /> oral or recorded in any form or medium that relates to the past, present or future physical or mental
<br /> condition of an individual; the provision of health care to an individual; or the past, present or future
<br /> payment for the provision of health care to an individual; and that identifies the individual or with respect
<br /> to which there is a reasonable basis to believe the information can be used to identify the individual
<br /> including, without limitation, any information defined as Individually Identifiable Health Information by
<br /> HIPAA; (g) "PII" means personally identifiable information including, without limitation, any information
<br /> maintained by the State about an individual that can be used to distinguish or trace an individual's
<br /> identity, such as name, social security number, date and place of birth, mother's maiden name, or
<br /> biometric records, including, without limitation, all information defined as personally identifiable
<br /> information in CRS §24-72-501. "PII" shall also mean "personal identifying information" as set forth at
<br /> § 24-74-102, et. seq., C.R.S. ; (h) "State Confidential Information" means any and all State Records
<br /> not subject to disclosure under the Colorado Open Records Act, CRS §§24-72-200.1, et seq. ("CORA"),
<br /> and includes, without limitation, PII, PHI, PCI, Tax Information, CJI, and State personnel records not
<br /> subject to disclosure under CORA; (i) "State Records" means any and all State data, information, and
<br /> records, regardless of physical form; (j) "Tax Information" means federal and State of Colorado tax
<br /> information including, without limitation, federal and State tax returns, return information, and such other
<br /> tax-related information as may be protected by federal and State law and regulation, including, without
<br /> limitation all information defined as federal tax information in Internal Revenue Service Publication
<br /> 1075; and (k) "Work Product" means the tangible and intangible results of the delivery of goods and
<br /> performance of services, whether finished or unfinished, including drafts.
<br /> B. Intellectual Property. Except to the extent specifically provided elsewhere in this PO, any State
<br /> information, including without limitation pre-existing State software, research, reports, studies, data,
<br /> photographs, negatives or other documents, drawings, models, materials; or Work Product prepared
<br /> by Vendor in the performance of its obligations under this PO shall be the exclusive property of the
<br /> State (collectively, "State Materials"). Vendor shall deliver all State Materials to the State upon
<br /> completion or termination of this PO. The State's exclusive rights in any Work Product prepared by
<br /> Vendor shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare
<br /> derivative works. Vendor shall not use, willingly allow, cause or permit any State Materials to be used
<br /> for any purpose other than the performance of Vendor's obligations hereunder without the prior written
<br /> consent of the State. The State shall maintain complete and accurate records relating to (a) its use of
<br /> all Vendor and third party software licenses and rights to use any Vendor or third party software granted
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<br /> Effective 7/1/2022
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