Statewide Internet Portal Authority (SIPA)
the Contractor was not in default then such termination shall be treated as a termination
for convenience as described herein.
B. Termination for Convenience: SIPA shall have the right to terminate this contract by
giving the Contractor at least twenty (20) days prior written notice. If notice is so
given, this contract shall terminate on the expiration of the specified time period, and
the liability of the parties hereunder for further performance of the terms of this
contract shall thereupon cease, but the parties shall not be released from the duty to
perform their obligations up to the date of termination.
C. Immediate Termination: This contract is subject to immediate termination by SIPA
in the event that SIPA determines that the health, safety, or welfare of persons receiving
services may be in jeopardy. Additionally, SIPA may immediately terminate this
contract upon verifying that the Contractor has engaged in or is about to participate in
fraudulent or other illegal acts.
D. Termination for Financial Exigency: SIPA shall have the right to terminate this
contract for financial exigency by giving the Contractor at least thirty (30) days prior
written notice. For the purposes of this provision, a financial exigency shall be a
determination made by the Colorado legislature or its Joint Budget Committee that the
financial circumstances of SIPA are such that it is in the best interest of SIPA to
terminate this contract. If notice of such termination is so given, this contract shall
terminate on the expiration of the time period specified in the notice, and the liability of
the parties hereunder for further performance of the terms of this contract shall thereupon
cease, but the parties shall not be released from the duty to perform their obligations up to
the date of termination.
E. In the event that SIPA terminates this contract under the Termination for Convenience
or Termination for Financial Exigency provisions, the Contractor is entitled to submit a
termination claim within ten (10) days of the effective date of termination. The
termination claim shall address and SIPA shall consider paying the following costs:
1. The contract price for performance of work, which is accepted by SIPA, up to the
effective date of the termination.
2. Reasonable and necessary costs incurred in preparing to perform the terminated
portion of the contract.
3. Reasonable profit on the completed but undelivered work up to the date of
termination.
4. The costs of settling claims arising out of the termination of subcontracts or orders, not
to exceed 30 days pay for each subcontractor.
5. Reasonable accounting, legal, clerical, and other costs arising out of the
termination settlement.
In no event shall reimbursement under this clause exceed the contract amount reduced by
amounts previously paid by SIPA to the Contractor.
Request for Proposal 10/29/2004
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