Colorado Department of Education Contract Management System Number 95549 PO Number DAA 2017-0328 CONTRACTAMENDMENTNUMBER7 1. PARTIES This Amendment to the above-referenced Original Contract (hereinafter called the Contract) is entered into by and between the Board of Regents of the University of Wisconsin System, on behalf of the University of Wisconsin-Madison's Wisconsin Center for Education Research, 1025 W. Johnson Street, Madison, WI 53 706 (hereinafter called Contractor or WIDA or WCER), and the State of Colorado (hereinafter called the State) acting by and through the Colorado Department of Education (hereinafter called COE), 201 East Colfax, Denver, Colorado 80203. 2. EFFECTIVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the Effective Date). The State shall not be liable to pay or reimburse Contractor for any performance hereunder including, but not limited to, costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3. FACTUAL RECITALS The Parties entered into the Contract to administer and score the Assessing Comprehension and Communication in English State-to-State for English Language Learners,, (ACCESS for ELLs®) in Colorado. The purpose of this amendment is to extend the performance period, add money for the extension, update the statement of work for the renewal, and update the privacy and security language to comply with 22-16-101 et. al., C.R.S. 4. CONSIDERATION-COLORADO SPECIAL PROVISIONS The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Amendment. The Parties agree to replacing the Colorado Special Provisions with the most recent version (if such have been updated since the Contract and any modification thereto were effective) as part consideration for this Amendment. Page 1 of 19 5. LIMITS OF EFFECT This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments thereto, if any, remain in ful) force and effect except as specifically modified herein. 6. MODIFICATIONS The Amendment and all prior amendments thereto, if any, are modified as follows: A. Section IV. Definitions, the following definitions are deleted as they are now redefined in Section XI, Education Record Release, Data Use, Student Data Transparency and Security or not used in the Contract: "Covered Information," "Confidential Data," "Personally Identifiable Information (PU)," "Student Data." B. Section V. Term and Early Termination, Subsection A., Initial Term-Work Commencement shall be amended by extending the performance period through September 30, 2017. The amended section states: A. Initial Term-Work Commencement The Parties' respective performances under this Contract shalJ commence on the later of either the Effective Date or September 1, 2012. This Contract shall terminate on September 30, 2017, unless sooner terminated or further extended as specified elsewhere herein. C. Paragraph VI. Statement of Work, shall continue to apply for the 2016-2017 testing year. The initial sentence in VI.B.3. is hereby amended to read "WCER shall develop, administer and score the ACCESS for ELLs assessment for 2016/17 and future testing years in accordance with the following." D. Paragraph VI. Statement of Work, Paragraph VI.B.3.a. is hereby deleted in its entirety and replaced with the following: a. WCER shall provide and administer the assessment online or via paper as chosen by each district/school. WCER shall provide a printed version of the assessment as an accommodation and shall provide a printed version to districts/schools that do not have the required IT infrastructure to administer the online version. E. Paragraph' VI. Statement of Work, Paragraph VJ.B. shall be amended by adding the following new paragraph VI.B.6. for the 2016-2017 testing year: 6. Consistency in Scoring for Online Versus Paper Assessments Page 2 of 19 a. WCER shall ensure that the online and paper versions of the assessments, as given for the Consortium of States, are comparable and that neither provides a competitive advantage to a student based on the form of the test. b. WCER shall train scorers to score assessment results identically and without bias. c. In the event that there is a discrepancy in online versus paper scores, WCER in consultation with CDE, shall develop additional psychometric procedures to make the resulting scores comparable such that no competitive advantage is given to a student based on the format of the test. F. Paragraph VI. Statement of Work, Paragraph VI.B. shall be amended by adding the following new paragraph VI.B.7. for the 2016-2017 testing year: 7. Subcontractors a. In the event that. WCER intends to use a Subcontractor or is using a Subcontractor whose costs will increase the price charged to CDE for the Work under this Contract, WCER shall provide CDE with a copy of the subcontract and requirements documentation for review and approval. CDE at its sole discretion may deny the use of a subcontractor that would result in a price increase to CDE. b. CDE may demand immediate removal of any of WCER's employees, agents, or Subcontractors from the Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this Contract is deemed by the State to be contrary to the public interest or the State's best interest. G. Paragraph VI. Statement of Work, Paragraph VI.B. shall be amended by adding the following new paragraph VI.B.8. for the 2016-2017 testing year: 8. WCER Screener Paper District Kits a. Contractor shall either procure a qualified WIDA Screener paper vendor or print the WCER Screener Paper District Kits internally at WIDA. Contractor and CDE shall agree, in writing, upon a date by which WIDA Screener Kits will be delivered to the districts. Contractor shall provide two-hundred-five (205) WIDA Screener Paper Grades 1-12 District Kits - USB Option for distribution to districts. WIDA shall ship the kits directly to districts according to instructions provided by CDE to WCER; CDE shall provide shipping addresses and the number of kits to be sent to each district. H. Paragraph VII. Payments to Contactor, Paragraph A.2. shall be amended by adding the following new paragraphs to VII.A.2. Page 3 of 19 Colorado's actual test population for the 2015-16 testing year was 105,405 students for ACCESS for ELLs 2.0, and I ,265 students for the Alternate ACCESS. Assuming a 5% increase, Colorado's estimated test population for the 2016-17 testing year is 110,675 students for ACCESS for ELLs 2.0 and 1,325 students for the Alternate ACCESS. There will be an estimated 55,338 students talcing the online version, and 55,337 students taking the paper version. CDE agrees to pay the yearly ACCESS for ELLs costs as follows: Testing 2015-16 2016-17 2017-18 2018-19 Year Online $25 .75 $25.75 Not-to-Exceed $26.25 Not-to-Exceed Price per $27.00 student Paper Price $25.75 $25.75 Not-to-Exceed $28.00 Not-to-Exceed per student $31.00 Alternate $75.00 $75.00 Not-to-Exceed $78.00 Not-to-Exceed Price per $80.00 student Total 112,883 110,675 116,209 122,020 Population Estimate Online 55,877 55,338 58,105 61,010 Population Estimate Paper 55,877 55,337 58,104 61,010 Population Estimate Alternate 1,129 1,325 1,390 1,460 Population Estimate Online $1 ,438,832.75 $1 ,424,953.50 $1,525,256.25 $1,647,270 Cost Estimate Paper Cost $1,438,832.75 $1,424,927.75 $1,626,912 $1,891 ,310 Estimate Alternate $84,675 $99,375 $108,420 $116,800 Cost Estimate Volume ($56,824.50) ($55,500) ($63,898.50) ($72,720) Discount Estimate $160 Estimated 15 Estimated 15 Estimated 18 students = Estimated 21 additional students = students = $2,880 students = $3,360 per student $2,400 $2,400 cost for Braille Page 4 of 19 Testing 2015-16 2016-17 2017-18 2018-19 Year ACCESS for ELLs WIDA Estimated = Screener 205 Kits Paper Grades 1- $84 per kit = 12 District $17,220 Kits Shipping 205 kits to be cost for shipped to WIDA 178 districts Screener District Estimated Kits shipping cost = $3,000 Maximum $2,907,916 $2,916,376.25 $3,199,569. 75 $3,586,020 Amount 1. For testing year 2016-17, if more than 75,000 students are tested by CDE, WCER shall discount the price of the online and/or paper test by $1.50 for the number of students tested in excess of 75,000 students. Future volume price discounts will be announced when future ACCESS pricing is determined. 2. WCER shall invoice as follows: i. Upon WCER administering the ACCESS for ELLs 2.0 and the Alternate ACCESS assessment for 2016-2017, WIDA shall invoice for test development and administration costs of$1A48,078. ii. Upon CDE confirming that WCER has shipped the WIDA Screener District Kits to the districts, WCER shall submit an invoice listing the number of WIDA Screener District Kits mailed, the shipping costs, the price per Kit, and the total amount owed for the Kits, not to exceed $20,220. iii. Upon CDE's receipt and acceptance of WCER's scoring and reporting for the ACCESS for ELLs 2.0 and the Alternate ACCESS assessment for 2016-2017, WCER shall invoice for the balance of the cost, based on the actual number of students tested. The final invoice shaU be received no later than June 30, 2017 and CDE will pay within forty-five (45) calendar days.