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Agreement for Federal Land Valuation Model ‘The Commission on Federalism and Geomancer, Ine, enter into this AGREEMENT and agree as follows: I, DEFINITIONS As used in this AGREEMENT: 1.1 SAGREEMENT” means this Agreement for Federal Land Valuation Model between the COMMISSION and GEOMANCER. 1.2 “COMMISSION” means the Commission on Federalism, created by Utah Code Section 63C-4a-302. 1.3 “FEDERAL LAND” means land within the boundary of the state of Utah that is controlled by the United States government for the entire taxable year, excluding: a. military installations; b. federal enclaves as described in the United States Constitution, Article I, Section 8, clause 17; and c. land owned by an Indian tribe as desoribed in 18 U.S.C. ec, 1151, 1.4“PEDERAL LAND VALUATION MODEL” means 2 computer-based, interactive, modeling tool that: a. accurately calculates in real time the market value of every acre of FEDERAL LAND within a designated county in the state of Utah; b. enables a user to manually modify VALUATION FACTORS to calculate in real time the market value of FEDERAL LAND based on different assumptions about the presence of vatious VALUATION FACTORS relating to that land that affect its market value; ¢. provides technical anchors to market data to ensure the ongoing integrity of the ‘modeling tool and to ensure that land values determined by the modeling tool are defensible and based on sound and generally accepted valuation methodologies; d. includes an assimilation of market data and visualization of GIS data related to all FEDERAL LAND in the state of Utah and tied to land lease and commodities level market data for mineral extraction, energy production, water management, and timber management and for recreational and agricultural uses; ¢. provides land valuation estimates that compare FEDERAL LAND to all available private lands and School and Institutional Trust Lands in the state of Uta; f, allows the finished product to be tied to actual market sources and is sufficiently robust to enable valuation estimates to adjust automatically to current market conditions so that the modeling tool can be relied upon year after year on an ongoing none et Agreement for Federal Land Valuation Model Page 1 of 10 basis; and g. allows a user to estimate the value of FEDERAL LAND as it is currently used and to ‘estimate changes in value due to future uses under various scenarios under private or public ovnership. 1,5 “GEOMANCER” means Geomancer, Inc., a Utah corporation with its principal place of business at 3900 North Traverse Mountain Boulevard, Suite 200, Lehi, Utah 84043. 1.6 “LEGISLATURE” means: a. the Utah Legislature, including the Utah House of Representatives and the Utah Senate; b, the members, staff, and employees of the Utah Legislature, the Utah House of Representatives, or the Utah Senate; and ©. staff offices of the Utah Legislature, the Utah House of Representatives, or the Uteh Senate, and employees of those staff offices, 1.7 “MAINTAIN,” when used in relation to the FEDERAL LAND VALUATION MODEL, means to oversee and perform every function or act necessary to ensure the continuous and proper functioning of the FEDERAL. LAND VALUATION MODEL. 1,8 “PROPOSAL” means the proposal, dated December 13, 2018, submitted by GEOMANCER in response to the RFP. A copy of the PROPOSAL is attached to this AGREEMENT as Appendix B. 1,9 "RFP" means the request for proposals issued by the COMMISSION on or about November 14, 2018, RFP No, COF-2018-03, inotuding all addenda to the request for proposals, A copy of the RFP, including addendum, is attached to this AGREEMENT as Appendix A. 1,10 “VALUATION FACTORS” means key features of the land or of the condition and status of land that affect the value of the land, including infrastructure available to or servicing the land, public or private ownership of the land, uses of the land, the availability of commodities on ot under the land and the practicality and feasibility of using or extracting those commodities, the uses and value of land within the vicinity of the land, and any other features of the land or other factors that affect its market value. II, RECITALS 2.1. Under Utah Code Section 63C-42-307, the COMMISSION is charged with a responsibility relating to the impact on the state from the failure of the federal government to make payments in lieu of tax that are equivalent to the property tax revenue that the state would generate but for federally controlled land. ‘Agreement for Federal Land Valuation Model Page 2 of 10 2.2 The COMMISSION issued an RFP to seek a qualified individual or firm or group of individuals or firms to provide a FEDERAL LAND VALUATION MODEL to help the COMMISSION in the discharge of its statutory duties and responsibilities. 2.4 GEOMANCER submitted a proposal in response to the RFP. 2.5 The GEOMANCER PROPOSAL received the highest score from the evaluation committee that evaluated proposals on behalf of the COMMISSION. 2.6 The evaluation commitice and COMMISSION determined that GEOMANCER’s PROPOSAL describes a FEDERAL LAND VALUATION MODEL that GEOMANCER will provide that will result in the best model to help the COMMISSION fulfill its duties and responsibilities and accomplish what it is working to accomplish, and provides the best value to the COMMISSION and the State. The COMMISSION selected GEOMANCER to provide and MAINTAIN the FEDERAL LAND VALUATION MODEL, subject to successful contract negotiations. 2.7 By entering into this AGREEMENT, the COMMISSION and GEOMANCER intend to memorialize the terms that will gover the COMMISSION and GEOMANCER in GEOMANCER’s provision of the FEDERAL LAND VALUATION MODEL and GEOMANCER’s work to MAINTAIN the FEDERAL LAND VALUATION MODEL pursuant to the RFP and the PROPOSAL. Ml, FEDERAL LAND VALUATION MODEL 3.1 GEOMANCER shall develop and provide to the COMMISSION a fully operational prototype of the FEDERAL LAND VALUATION MODEL, no later than February 15, 2019, and provide a demonstration of its functionality and capabilities for valuing FEDERAL LAND within Washington County, at a time that the COMMISSION determines. The COMMISSION understands that the timing of the prototype demonstration may need to be adjusted, depending on the availability of Washington County land information needed by GEOMANCER to provide the demonstration. 3.2 Following the demonstration under Section 3.1 and subject to COMMISSION approval and the availability of further funding from the Utah Legislature, as provided in Section 4.2, GEOMANCER shall expand the use, functionality, and capabilities of the FEDERAL LAND VALUATION MODEL to cover all FEDERAL LAND within all counties of the state of Utah. For a period of five years following GEOMANCER’s completion of a fully operational FEDERAL LAND VALUATION MODEL capable of valuing land in all counties of the state, GEOMANCER shall MAINTAIN the FEDERAL LAND VALUATION MODEL eee eR SR Agreement for Federal Land Valuation Model Page 3 of 10 3.4 GEOMANCER shall both provide the FEDERAL LAND VALUATION MODEL and MAINTAIN the FEDERAL LAND VALUATION MODEL in an expeditious and professional manner, 3.5 GEOMANCER shall provide independent validation of the results provided by the FEDERAL LAND VALUATION MODEL by a competent, reputable professional engaged in the profession of valuing land, 3.6 GEOMANCER retains all intellectual property rights to the FEDERAL LAND VALUATION MODEL and all data and processes that constitute or are incorporated into the FEDERAT, LAND VALUATION MODEL. GEOMANCER grants the COMMISSION full tights to access and use the FEDERAL LAND VALUATION MODEL for the purposes described in this AGREEMENT, including manipulating VALUATION FACTORS to determine different value amounts for FEDERAL LAND in Utah. ‘The COMMISSION retains in perpetuity exclusive and full rights to any and all data output specific to FEDERAL LAND and produced by the FEDERAL LAND VALUATION MODEL as it functions to produce valuation information concerning FEDERAL LAND in Utah IV, COMPENSATION 4.1 The COMMISSION will pay GEOMANCER a total of $25,000 for the development of @ prototype FEDERAL LAND VALUATION MODEL and for the demonstration of the prototype, as outlined in Section 3.1 of this AGREEMENT. That amount covers all work performed by and services provided by GROMANCER and all costs and expenses incurred by GEOMANCER in providing the FEDERAL LAND VALUATION MODEL prototype and in providing @ demonstration of the prototype, That amount will be paid to GEOMANCER after the demonstration referred to in Section 3.1. 4.2. Subject to a successful demonstration of a prototype, as determined by the COMMISSION, the COMMISSION expects to seek an appropriation from the Utah Legislature of additional funds to expand the FEDERAL LAND VALUATION MODEL for estimating the value of all FEDERAL LAND in all counties of the state of Utah and to MAINTAIN the FEDERAL LAND VALUATION MODEL. While the COMMISSION will seek an additional appropriation, the COMMISSION does not and cannot provide any representation, guarantee, or assurance that the funding will be provided. The availability and amount of any additional funds from a legislative appropriation is purely speculative. If further funding is provided for that expansion of the FEDERAL LAND VALUATION MODEL and to MAINTAIN the FEDERAL LAND VALUATION MODEL, the terms relating to that expansion and maintenance jill be negotiated between the COMMISSION and GEOMANCER and included in the AGREEMENT by a modification exeouted by the COMMISSION and GEOMANCER. Those terms include compensation to be paid GEOMANCER consistent with the terms of the RFP and the PROPOSAL and within available finding, Model Page 4 of 10 Agreement for Federal Land Valu: Y. TERM OF AGREEMENT -- TERMINATION 5.1 Unless the AGREEMENT is terminated earlier under Section 5.3 and except as provided in Section 5.2, the term of this AGREEMENT is from the date of the execution of this AGREEMENT until five years following completion of a fully operational FEDERAL LAND VALUATION MODEL, as provided in Section 3.3. 5.2 tfadditional funding is not provided for continuing the AGREEMENT beyond the prototype development and demonstration phase described in Section 3.1, this AGREEMENT (erminates upon the COMMISSION notifying GEOMANCER of the lack of additional funding, Notwithstanding the preceding sentence, the AGREEMENT does not terminate if GEOMANCER notifies the COMMISSION in writing that GEOMANCER will continue to perform under the AGREEMENT for the compensation the COMMISSION agrees to pay GEOMANCER based on available funding 5.3 The COMMISSION may terminate this AGREEMENT at any time when: a, the FEDERAL LAND VALUATION MODEL is no longer needed, or there is no longer a need to MAINTAIN the FEDERAL LAND VALUATION MODEL; or b, the COMMISSION is not satisfied with GEOMANCER or the FEDERAL LAND VALUATION MODEL provided or with the manner in which GEOMANCER MAINTAINS the FEDERAL LAND VALUATION MODEL. 5.4 The following terms will survive termination of the AGREEMENT: Sections 3.6, 6.2, 6.3, 6.5, 6.7, 6.9, 6.10, and 6.13. VI. OTHER TERMS 6.1 DEFAULT AND REMEDIES If GEOMANCER breaches this AGREEMENT, the COMMISSION may do one or more of the following: a, Exercise any remedy provided by law; or b, Suspend GEOMANCER from receiving fiture solicitations for proposals. 6.2. INDEPENDENT CONTRACTOR RELATIONSHIP a. GEOMANCER is an independent contractor and, except as expressly authorized by this AGREFMENT or by the COMMISSION, is not authorized, expressly or by implication, to bind the LEGISLATURE, the State of Utah, the COMMISSION, or any member, a Agreement for Federal Land Valuation Model Page 5 of 10 office, officer, department, agent, official, or employee of the LEGISLATURE, the State of Utah, or the COMMISSION to any contract, settlement, liability, or understanding or to perform any act as agent for the LEGISLATURE, the State of Utah, the COMMISSION, or any member, office, officer, department, agent, official, or employee of the LEGISLATURE, the State of Utah, or the COMMISSION b. GEOMANCER is solely responsible to pay for all of GEOMANCER's expenses and to pay each employee or subcontractor of GEOMANCER all salary, wages, payments, expenses, fees, taxes, costs, insurance, and benefits of any kind relating to an employee or subcontractor of GEOMANCER 63 ASSIGNMENT PROHIBITED GEOMANCER may not assign this AGREEMENT or any duty or benefit relating to this AGREEMENT without the prior written permission of the COMMISSION. 64 GOVERNING LAW ‘This AGREEMENT shall be construed in accordance with, and governed by, the laws of the State of Utah, without reference to principles governing choice or conflict of laws. The parties will submit to the jurisdiction of the courts of the State of Utah any dispute arising out of this AGREEMENT or the breach of this AGREEMENT. Venue shall be in Salt Lake City, Utah, in the Third Judicial District Court for Salt Lake County. 6,5 EQUAL OPPORTUNITY GEOMANCER agrees to abide by the provisions of: 4. Titles Vi and VII of the Civil Rights Act of 1964 (42 U.S.C. See, 2000e), which prohibit discrimination against any employee or applicant for employment or any applicant or recipient of services on the basis of race, religion, color, or national origin; b, Executive Order 11246, as amended, which prohibits discrimination on the basis of sex; c. 45 C,F.R. 90, which prohibits discrimination on the basis of age; . Section $04 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act of 1990, as applicable, which prohibit discrimination on the basis of disabilities; and €. Utah's Executive Order, dated March 17, 1993, which prohibits sexual harassment in the workplace. a ‘Agreement for Federal Land Valuation Model Page 6 of 10 6.6 INCORPORATION OF PROVISIONS OF RFP AND PROPOSAL ‘The provisions of the RFP, including all addenda to the RFP, and the PROPOSAL are hereby incorporated into this AGREEMENT by reference. If any conflict exists between the RFP, the PROPOSAL, and this AGREEMENT, the terms and conditions of the following shall prevail in the following order of preference: a.this AGREEMENT; bathe RFP cathe PROPOSAL. 6.1 LAWS AND REGULATIONS GEOMANCER end any and all hardware, software, supplies, services, equipment, and construction proposed or furnished under this AGREEMENT shall comply fully with all applicable federal and state laws end regulations. 68 PATENTS, COPYRIGHTS, ETC. GEOMANCER releases and shall protect, indemnify, and hold harmless the COMMISSION and the LEGISLATURE from liability of any kind or nature relating to GEOMANCER's use or provision of any copyrighted or un-copyrighted composition, secret process, patented or un-patented invention, article, or appliance furnished or used in the performance of this AGREEMENT. 6.9 RECORDS ADMINISTRATION GEOMANCER shall maintain, or supervise the maintenance of, all records necessary to properly account for the payments made to GEOMANCER for costs authorized by this ‘AGREEMENT, GEOMANCER shall retain these records for at least four years after the ‘AGREEMENT terminates. GEOMANCER agrees to allow state and federal auditors and legislative staff access to all the records relating to this AGREEMENT, for audit, inspection, or the monitoring of services. Such access will be during normal business hours or by appointment. ‘Agreement for Federal Land Valuation Model Page 7 of 10 6.10 6.12 6.13 614 CONFLICT OF INTEREST GEOMANCRR certifies that it has not offered or given any gift or compensation prohibited by the laws of the State of Utah to any officer or employee of the COMMISSION or the LEGISLATURE to secure favorable treatment with respect to being awarded this AGREEMENT, DEBARMENT GEOMANCER eettifies that neither GEOMANCER nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this AGREEMENT by any governmental department or agency. GEOMANCER will notify the COMMISSION within 30 days if debarred by any governmental entity during the term of this AGREEMENT. INDEMNITY CLAUSE, GROMANCER releases, protects, defends, indemnifies, and holds harmless the COMMISSION and the LEGISLATURE from and against any damage, cost, or liability, including reasonable attomey fees, for any and all injuries to persons or property, or claims for money damages, arising from acts or omissions of GEOMANCER and GEOMANCER's employees, subcontractors, and volunteers. NON-APPROPRIATION OF FUNDS Notwithstanding any other provision of this AGREEMENT, GEOMANCER acknowledges that the COMMISSION cannot contract for the payment of finds not yet appropriated. ‘The COMMISSION may, without penalty or liability of any kind, terminate this AGREEMENT by providing 30 days’ written notice to GEOMANCER that this AGREEMENT is terminated due to the non-appropriation of funds. If this AGREEMENT is terminated under this provision, the COMMISSION will pay all amounts due to GEOMANCER through the date of termination and will not be liable for any future commitments, penalties, or damages of any kind. FORCE MAJEURE Neither party to this AGREEMENT may be held responsible for delay or default caused by a fire, riot, act of God, or war that is beyond that party's reasonable control. ‘The COMMISSION may terminate this AGREEMENT after determining that such delay or default will prevent successful performance of the AGREEMENT, en RE Agreement for Federal Land Valuation Model Page 8 of 10 6.15 MERGER ‘This AGREEMENT constitutes the entire contract between the parties with respect to the subject matter contained in this AGREEMENT. There are no covenants, terms, or conditions, express or implied, written or unwritten, thet govern the subject matter ofthis AGREEMENT, except as expressly described in this AGREEMENT. This AGREEMENT supersedes all prior agreements between the parties relating to all or part of the subject matter contained in this AGREEMENT. 6.16 MODIFICATION OF AGREEMENT This AGREEMENT may be modified only in a written document signed by the COMMISSION chairs (or such other person certified as having the authority to bind the COMMISSION), on behalf of the COMMISSION, and GEOMANCER's agent (or such. other person cettified as having the authority to bind GEOMANCER), on behalf of GEOMANCER. 6.17 AUTHORITY TO BIND GEOMANCER and the person who signs this AGREEMENT on behalf of GEOMANCER represent that the person who signs this AGREEMENT has the authority to bind GEOMANCER, and does, by signing this AGREEMENT, bind GEOMANCER to the terms and conditions of this AGREEMENT. 6.18 PUBLIC INFORMATION ‘This AGREEMENT and documents relating to this AGREEMENT are subject to release in accordance with Utah Code, Title 63G, Chapter 2, Government Records Access and Management Act. 6.19 SEVERABILITY A declaration by any court, or any other binding legal source, that any provision of this AGREEMENT is illegal and void does not affect the legality and enforceability of any other provision of this AGREEMENT, unless the provisions are mutually dependent. eae tenant Agreement for Federal Land Valuation Model Page 9 of 10 By signing below, the COMMISSION and GEOMANCER agree to the terms of this AGREEMENT, which becomes effective the date of the latest signature below, ‘Commission on Federalism (els Fillmore, co-chair var 2/8114 7 Agreement for Federal Land Valuation Model Geomancer, Ine, by: 7 2 ] Is: Tittey woe 2/3/14 Page 10 of 10 APPENDIX A REQUEST FOR PROPOSALS Issued by: The Commission on Federalism FEDERAL LAND VALUATION MODEL REP No. COF 2018-03 November 14, 2018 RFP COP 2018-03 FEDERAL LAND VALUATION MODE! Page 1 of 17 1, RFP CONTACT The Commission on Federalism is the issuer of this RFP and any subsequent addenda to this RFP. Inquiries regarding this RFP should be directed, in writing, to: Robert H, Rees Associate General Counsel Office of Legislative Research and General Counsel Email: mecs@le.utah.gov Il, DEFINITIONS As used in this RFP: 1. “COMMISSION” means the Commission on Federalism, created by Utah Code Section 63C-4a-302. 2, “CONTRACTOR” means the person whose proposal submitted in response to this REP is selected for an award of a contract to develop and MAINTAIN a FEDERAL LAND VALUATION MODEL and who enters into a contract with the COMMISSION to develop and MAINTAIN a FEDERAL LAND VALUATION MODEL. 3. “FEDERAL LAND” means land within the boundary of the state of Utah that is controlled by the United States government for the entire taxable year, excluding: a, military installations; b. federal enclaves as described in the United States Constitution, Article I, Section 8, clause 17; and land owned by an Indian tribe as described in 18 U.S.C. See, 1151 4, SEEDERAL LAND VALUATION MODEL” means modeling tool that: ‘a. accurately calculates in real time the market value of every acre of FEDERAL, LAND within a designated county in the state of Utah; b. enables a user to manually modify VALUATION FACTORS to calculate in eal time the market value of FEDERAL LAND based on different assumptions about thé presence of various VALUATION FACTORS relating to that land that affect its market value, provides technical anchors to market data to ensure the ongoing integrity of the modeling tool and to ensure that Innd values determined by the modeling tool are defensible and based on sound and generally accepted valuation methodologies; d, includes an assimilation of market data and visualization of GIS data related to all FEDERAL LAND in the state of Utah and tied to and lease and commodities computer-based, interactive, i RFP COF 2018-03 FEDERAL LAND VALUATION MODEL. Page 2 of 17 level market data for mineral extraction, energy produetion, water management, ‘and timber management and for recreational and agricultural uses; e. provides land valuation estimates that compare FEDERAL LAND to all available private lands and School and Institutional Trust Lands in the state of Utah; f allows the finished product to be tied to actual market sources and is sufficiently robust to enable valuation estimates to adjust automatically to current market conditions so that the modeling toot can be relied upon year after year on an ongoing basis; and g. allows a user to estimate the value of FEDERAL LAND as it is currently used and to estimate changes in value due to future uses under various scenarios under private or public ownership. 5, “LEGISLATURE” means: a. the Utah Legislature, inclu Senate; b. the members, staff, and employees of the Utah State Legislature, the Utah House of Representatives, or the Utah Senate; and ©. staff offices of the Utah Legislature, the Utah House of Representatives, or the Utah Senate, and employees of those staff offices. 1g the Utah House of Representatives and the Utah 6, “MAINTAIN,” when used in relation to the FEDERAL LAND VALUATION MODEL, means to oversee and ensure the continuous and proper functioning of the FEDERAL, LAND VALUATION MODEL. 7. "MST" means Mountain Standard Time, 8. “RESPONDER” means a person who submits a proposal in response to this RFP and, in the case of the person whose proposal is selected for an award of @ contract pursuant to this RFP, includes the CONTRACTOR. 9. “RESPONSIBLE” means being capable, in all respects, of: a, meeting all the requirements of this RFP; and b. fully performing all the requirements of the contract resulting from the RFP, including being financially solvent with sufficient financial resources to perform the contract, 10, *RESPONSTVE” means conforming in all material respects to the requirements of this RFP, 11. "REP" means this request for proposals, issued by the COMMISSION, for Federal Land Valuation Model, No. COF-2018-03. 12. “VALUATION FACTORS” means key features of the land or of the condition and status of land thet affect the vaiue of the land, including infrastructure available to or servicing, a A ET, REP COF 2018-03 FEDERAL LAND VALUATION MODEL Page 3 of 17 mL. W. the land, public or private ownership of the land, uses of the land, the availability of commodities on or under the land and the practicality and feasibility of using or extracting those commodities, the uses and value of land within the vieinity of the land, and any other features of the land or other factors that affect its market value. REQUEST FOR PROPOSALS INFORMATION “The purpose of this RFP is to solicit proposals from qualified individuals or firm, or from qualified groups of individuals or firms, with the necessary qualifications and expertise to develop a FEDERAL LAND VALUATION MODEL and to MAINTAIN the FEDERAL, LAND VALUATION MODEL for a period of five years afier the FEDERAL LAND VALUATION MODEL has been developed. . This RFP is designed to provide basic information to solicit proposals from qualified individuals, groups of individuals, or firms, but, except to the extent expressly provided otherwise, is not intended to limit a proposal’s content or exclude any relevant, impoctant, or essential information. FEDERAL LAND VALUATION MODEL The CONTRACTOR will be required to develop and provide to the COMMISSION a fully operational prototype of the FEDERAL LAND VALUATION MODEL, no later than January 25, 2019, and provide a demonstration of its functionality and capabilities for valuing FEDERAL LAND within Washington County, at a time that the COMMISSION determines. Following the demonstration under Section IV. | and subject to COMMISSION approval and the availability of further funding from the Utah Legislature, the CONTRACTOR will be required to expand the use, functionality, and capabilities of the FEDERAL, LAND VALUATION MODEL to cover all FEDERAL LAND within all counties of the state of Utah, ANTICIPATED CONTRACT TERMS ‘Subject to other contract terms, the contract will be awarded for the period of the time to develop the FEDERAL LAND VALUATION MODEL plus a five-year period during which the CONTRACTOR will be required to MAINTAIN the FEDERAL LAND. VALUATION MODEL. ‘The COMMISSION shall retain rights to the FEDERAL LAND VALUATION MODEL and information produced by the FEDERAL LAND VALUATION MODEL duting the entire term of the contract entered pursuant to the award of a contract under this RFP and shall retain exclusive rights to the information produced by the FEDERAL LAND VALUATION MODEL in perpetuity. ‘The rights of the COMMISSION to the en RFP COF 2018-03 FEDERAL LAND VALUATION MODEL Page 4 of 17 RFP COF 2018-03 FEDERAL LAND VALUATION MODEL during the term of the contract shall be negotiated between the COMMISSION and the CONTRACTOR but shall be sufficient to enable the COMMISSION to fulfill the purposes described in this RFP relating to the valuation of FEDERAL LAND. 3. Subject to additional funding, as explained in Section V. 4, for five years following the development of the FEDERAL LAND VALUATION MODEL, the CONTRACTOR shall MAINTAIN the FEDERAL LAND VALUATION MODEL to ensure its proper and continual functionality. 4, The COMMISSION will pay the CONTRACTOR a total of $25,000 for the development of a prototype FEDERAL LAND VALUATION MODEL and for the demonstration of the prototype, as outlined in Section IV. 1 of this RFP, That amount covers all work performed by and services provided by CONTRACTOR and all costs and expenses incurred by CONTRACTOR in providing the FEDERAL LAND VALUATION MODEL. prototype and in providing a demonstration of the prototype. That amount will be paid to the CONTRACTOR after the demonstration referred to in Section IV.1. Subject toa successful demonstration of a prototype, the COMMISSION expects to seek an appropriation from the Utah Legislature of additional funds to expand the FEDERAL LAND VALUATION MODEL for estimating the value of all FEDERAL LAND in all ‘counties of the state of Utah, While the COMMISSION vill seek an additional appropriation, the COMMISSION does not and cannot provide any representation, guarantee, or assurance that the funding will be provided. The availability of any additional funds from a legislative appropriation is purely speculative al this time and should not be relied upon in submitting a proposal. It is expected that the maximum ‘amount that will be available to pay the CONTRACTOR to develop and MAINTAIN a FEDERAL LAND VALUATION MODEL under a contract pursuant to this REP is $750,000, but the actual amount appropriated and made available to pay for a FEDERAL LAND VALUATION MODEL and to MAINTAIN the FEDERAL LAND VALUATION MODEL under a contract awarded pursuant to this RFP may be higher or lower, 5, The COMMISSION retains the option to terminate the contract at any time if: a. the FEDERAL LAND VALUATION MODEL is no longer needed, or the need to MAINTAIN the FEDERAL LAND VALUATION MODEL no longer exists; or b. the COMMISSION is not satisfied with the CONTRACTOR, the FEDERAL LAND VALUATION MODEL, or the manner in which the CONTRACTOR MAINTAINs the FEDERAL LAND VALUATION MODEL. 6. CONTRACTOR shall provide the FEDERAL LAND VALUATION MODEL and shall MAINTAIN the FEDERAL LAND VALUATION MODEL in an expeditious and professional manner end in accordance with the contract awarded pursuant to this REP, RAL LAND VALUATION MODE Page 5 of Vi. and shall provide independent validation of the results provided by the FEDERAL LAND VALUATION MODEL. TIMELINE OF RFP PROCESS ‘The following timeline, subject to change by addendum, will be followed with respect to this REP: 1 2 VIL. REP issuance date: November 14, 2018, Deadline for submitting questions secking clarification of the RFP: 5:00 p.m. MST on Wednesday, November 28, 2018. Date by which the COMMISSION expects to issue an addendum or addenda to the REP to answer questions submitted before the deadline described in Section VI. 2 of this RFP: December 4, 2018. Deadline for submitting proposals in response to this RFP: 12:00 noon MST on Friday, December 14, 2018 REQUEST FOR PROPOSALS GUIDELINES SUBMISSION TIME, PLACE, AND MANNER Proposals submitted in response to this REP should NOT be submitted via SciQuest. A proposal submitted only via SeiQuest will not be accepted. An electronie copy in PDF format must be received by the RFP contact, Robert H. Rees, on or before 12:00 noon MST on Friday, December 14,2018, There are two ways to submit an electronic copy. A RESPONDER may submit an electronic copy by email to wees(@le.utah.gov. The email transmission, including attachments, is limited fo 25MB per email, so if'a RESPONDER sends anything larger, the RESPONDER will need to break the email into parts and send them separately. As an altemative to emailing an electronic copy, a RESPONDER may burn an electronic copy to a disk and deliver the disk to the following address Attention: Robert H. Rees Associate General Counsel Office of Legislative Research and General Counsel Utah State Capitol Complex, W210 House Building PO Box 145210 Salt Lake City, Utah 84114-5210 Proposals received after 12:00 noon MST on December 14, 2018 will not be considered. REP COF 2018-03 FEDERAL LAND VALUATION MODEL Page 6 of 17 2, RESPONDER INFORMATION The first page of the proposal shall include the following information, in the following format: a. Title: “PROPOSAL SUBMITTED IN RESPONSE TO THE RFP FOR FEDERAL, LAND VALUATION MODEL, RFP No. COF 2018-03.” b, RESPONDER Summary Information: Name: REP Contact Person: Address: ‘Telephone: Fax: Email: Federal Tax 1D Number: 3, EXECUTIVE SUMMARY ‘The second portion of the proposal shall contain a one- or two-page executive summary that briefly describes the RESPONDER’s proposal. This summary shall serve to highlight the mejor features of the proposal. The reader should be able to determine the essence of the proposal by reading the executive summary. ‘The executive summary shall also describe any deviations or exceptions from the requirements, terms, and conditions of this RFP, In the absence of such a written description, the response shall be interpreted to agree to the requirements, terms, and conditions of this RFP and the RESPONDER shall be held liable for any deviations from the RFP, Deviations and exceptions claimed by a RESPONDER may result in rejection of a response on the grounds that the response is not responsive to the RFP. 4, DETAILED DESCRIPTION ‘The third portion of the proposal constitutes the main portion of the response and shall include the following: a. A complete narrative of the RESPONDER’s assessment of the work to be performed, the RESPONDER’ ability end approach, and the resources necessary to fulfill the requirements, This narrative shall demonstrate the RESPONDER’ understanding of the overall performance expectations and clearly indicate all options and alternatives proposed, rd REP COF 2018-03 FEDERAL LAND VALUATION MODEL Page 7 of 17 b. A description of the qualifications, including experience, education, training, and knowledge of each individual that the RESPONDER will designate to develop and MAINTAIN the FEDERAL LAND VALUATION MODEL described in this RFP. ©. A list of three references (including a contact person and that person's contact information and title) of persons or entities for which the RESPONDER has provided services similar to the service sought by this RFP to develop and MAINTAIN FEDERAL LAND VALUATION MODEL, who can render an opinion regarding the ability of the RESPONDER to develop and MAINTAIN a FEDERAL LAND VALUATION MODEL. . * 4. A certification indicating that neither the RESPONDER nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction or contract by any governmental entity. If the RESPONDER cannot certify this statement, the RESPONDER shail attach a written explanetion indicating why the RESPONDER cannot certify this statement. 5. REP COMPLIANCE, ‘The COMMISSION reserves the right to: ‘a, reject a proposal on the grounds that the RESPONDER that submits the proposal ig not RESPONSIBLE; bs, reject a proposal on the grounds that itis not RESPONSIVE; ¢, reject a proposal that does not strictly comply with the requirements of this RFP and the required submission format; or d. waive minor informalities or minor technical errors in a proposal. 7, PROPOSALS ARE BINDING All proposals are required to be signed by a person in authority to bind the RESPONDER to the response, the response cost, and the terms and conditions of the proposals. Proposals may not be withdrawn for e period of 60 days after the REP due date. By submittinig a proposal, the RESPONDER certifies that all information provided by the RESPONDER is true, complete, and accurate, that the RESPONDER is willing and able to develop and MAINTAIN a FEDERAL LAND VALUATION MODEL in the manner described in this REP, that the costs quoted are correct, and that the costs quoted include all charges that will be required to develop and MAINTAIN the FEDERAL LAND VALUATION MODEL as described in this RFP. a RFP COF 2018-03 FEDERAL LAND VALUATION MODEL Page 8 of 17 8. RESPONDER'S RESPONSIBILITY ‘The successful RESPONDER is solely responsible for fulfitiment of the responsibilities under the terms and conditions of the contract resulting from this RFP. VII. OTHER REQUIREMENTS 1. ‘The RESPONDER's name must appear on each page of the response, Erasures, cross- outs, alterations, corrections, or other changes must be initialed by the person who signs the Response. The response must contain evidence that the person who signs the proposal is authorized to bind the RESPONDER in relation to the response, 3. By submitting a proposal in response to this RFP, RESPONDER is acknowledging that he requirements, scope of work, and evaluation process described in this RFP are fair, equitable, not unduly restrictive, understood, and agreed to. Any exceptions to the content of the REP must be protested in writing before the RFP response submission deadline. IX, EVALUATION AND CONTRACT 1. EVALUATION CRITERIA Each proposal submitted in response to this RFP will be evaluated based on the criteri described in Section IX. 2. b. of this RFP. 2, EVALUATION PROCESS a. All proposals submitted by the deadline stated in Section VI. 4 will undergo a technical review for compliance with RFP requirements and for a determination of whether the RESPONDER appears objectively to be RESPONSIBLE. Proposals that are not RESPONSIVE and proposals from RESPONDERS who have not adequately demonstrated that they are RESPONSIBLE will be eliminated from further consideration. b. An evaluation committee appointed by the COMMISSION will evaluate proposals that are not eliminated in the technical review in accordance with the following criteria: Points Criteria 35 ‘The RESPONDER’s demonstrated experience and expertise in developing and maintaining a FEDERAL LAND VALUATION MODEL, as explained in this RFP, including the quality of the proposed FEDERAL LAND VALUATION MODEL and of the RESPONDER’s history, ee REP COF 2018-03 FEDERAL LAND VALUATION MODEL Page 9 of 17 reputation, and record of developing or providing and maintaining any similar of equivalent modeling tool or the quality of any equivalent experience 65 ‘The quality of the RESPONDER’s proposed FEDERAL LAND VALUATION MODEL, the apparent ability of the proposed FEDERAL LAND VALUATION MODEL to perform as described in this RFP, and the accuracy, reliability, and soundness of valuation information that will be provided by the proposed FEDERAL LAND VALUATION MODEL c. ‘The COMMISSION’s evaluation committee may conduct discussions with RESPONDERs who submit proposals determined to be reasonably susceptible of being selected for award, followed by an opportunity to make best and final offers, but proposals may be accepted without discussions. 3, UTAH PROCUREMENT CODE All proposals will be evaluated in accordance with the requirements of the Utah Procurement Code. 4. CONTRACT 5 a. The contract will be tentatively awarded, pending successful contract negotiations, to the RESPONDER whose proposal is the most advantageous to the state, taking into consideration evaluation factors desoribed in this RFP. b. The contract shall include the standard terms and conditions included in Attachment a 7 c. The COMMISSION ‘eserves the right to refuse to negotiate on exceptions if the COMMISSION determines that the exceptions are excessive or not in the interest of the state, or that negotiations could result in significant costs to the state or take a significant period of time. d. The COMMISSION reserves the right to review the contract on a regular basis in relation to performance and cost and may. negotiate terms relating to cost and service during the termn of the contract. X. QUESTIONS Questions, requests for changes to this REP, and requests for clarification must be submitted by email to rrees@le.utah.gov on or before 5:00 pn, (MST) on November 28, 2018. Responses to substantive questions, responses to requests for clarification, and responses to requests for changes will be provided in the form of an addendum to this RFP. } eel a RFP COF 2018-03 FEDERAL LAND VALUATION MODEL Page 10 of 17 XI, ADDENDA 1. All addenda to this REP, including answers to questions provided by addendum, will be posted on the Utah Legislature's website at: hhttp:/Me.utah.gov Click on the triple horizontal bar in the upper right-hand comer of the page, then on “Publications” and then on “Requests for Proposals and Legal Notices.” 2, Addenda and notifications of addenda are not required to be provided in any other manner, All RESPONDER, potential RESPONDERs, and other interested persons are required to check the website on a regular basis in order to receive notice of, or a copy of, any addendum. ion of an 3, The COMMISSION may attempt, but is not required, to provide email notific addendum to any person who sends a request to receive notification to: rrees(@le.utah.gov XH. PROTECTED INFORMATION Protection or disclosure of information submitted in response to this RFP is governed by Title 63G, Chapter 2, Goverament Records Access and Management Act, and the Utah Legislature Policies and Procedures for Handling Records Requests. A RESPONDER who desires to request protected status of any information submitted in the response must specifically identify the information that the RESPONDER desires to protect and the reasons that the information should be afforded protected status under the law. In making this request, the RESPONDER shall comply with the requirements of Utah Code Seetion 636-2- 305, Utah Code Section 63G-2-309, and all other applicable requirements of law. The COMMISSION’s decision regarding the protected status of information shall be final and binding on the RESPONDER, Each RESPONDER shall indemnify, defend, and hold forever harmless the COMMISSION and the LEGISLATURE from any and all liability relating to the disclosure of information included in the RESPONDER's response to this RFP, even if the RESPONDER requested protected or other confidential status for the information ‘Attempts to designate an entire proposal, or large portions of a proposal, as protected will not be honored, Attempts to protect information relating to cost will also not be honored. XII, MODIFICATIONS 10, OR WITHDRAWAL OF, RESPONSE A. RESPONDER may modify or withdraw the RESPONDER's proposal, at any time before the closing date and time for submitting a proposal, by providing a written modification or a written statement withdrawing the proposal to the REP contact. Modifications or letters of nn Ss ore nnnenEEuEEPEIT ETE RFP COF 2018-03 FEDERAL LAND VALUATION MODEL Page 11 of 17 withdrawal received by the RFP contact after the closing date and time for submitting a proposal will be rejected as invalid, The version of a response to this RFP, as it exists at the closing date and time for submitting a proposal, will be binding on the RESPONDER. XIV. COST OF RESPONDING TO RFP AND CONTRACT NEGOTIATIONS 1. All expenses relating to responding to this RFP, including preparing, submitting, and presenting a proposal, attending meetings in relation to this RFP, discussions, and all travel, dining, lodging, and communication expenses will be borne by the RESPONDER. ‘The COMMISSION assumes io Hibility for any costs incured by w RESPONDER in responding to this RFP. 7 =” 2. All expenses of the successful RESPONDER relating to conducting contract negotiations, including drafting, research, legel review, preparation, attending meetings, site visits, travel, dining, lodging, and communication expenses will be borne by the RESPONDER. ‘The COMMISSION assumes no liability for any costs incurred by a RESPONDER relating to contract negotiations, 3. RESPONDER will not bill and may not be paid for any expense that was incurred prior to the timie that the contract is signed by all parties XV. MISCELLANEOUS RESERVATION OF RIGHTS ‘The COMMISSION reserves the right not to award a contract to any of the RESPONDERS who respond to this RFP, to cancel this REP at any time, or to issue a new REP for the same or similar services. XVI. RESTRICTIONS ON PUBLICITY A succéssful RESPONDER may not, without the prior written approval of the COMMISSION, do any of the following: 1. Make any announcement regarding the award of the contract relating to this RFP. 2. Refer to’the COMMISSION or the LEGISLATURE, or use any data, pictures, ot other representation of the COMMISSION or the LEGISLATURE, in its advertising, marketing, or other promotional efforts. XVII. GOVERNING LAW ‘This REP is subject to the laws of the state of Utah, including Utah Code Title 636, Chapter 6a, Utah Procurement Code. rR REP COF 2018-03 FEDERAL LAND VALUATION MODEL Page 12 of 17 ATTACHMENT A STANDARD TERMS AND CONDITIONS In addition to the terms and conditions included in the RFP, the following terms and conditions will be included in the contract between the CONTRACTOR and the COMMISSION: 1, TERMINATION LL This CONTRACT may be terminated for cause by CONTRACTOR in advance of the specified termination date, upon the CONTRACTOR giving written notice of the COMMISSION’s default. The COMMISSION will be given (30) thirty working days after notification to correct and cease the violations, after which, if the violations ate not corrected or ceased, the contract may be terminated for cause, 1.2 The COMMISSION may terminate this CONTRACT at any time when: 1.2.1. the FEDERAL LAND VALUATION MODEL is no longer needed, or there is no longer a need to MAINTAIN the FEDERAL LAND VALUATION MODEL; or 1.2.2. the COMMISSION is not satisfied with the RESPONDER or the FEDERAL, LAND VALUATION MODEL provided or with the manner in which the RESPONDER MAINTAINS the FEDERAL LAND VALUATION MODEL. 1.3 The following terms will survive termination of the CONTRACT: (to be specified before the CONTRACT is signed). 2. DEFAULT AND REMEDIES If CONTRACTOR breaches this CONTRACT, the COMMISSION may do one or more of the following: 2.1 Exercise any remedy provided by law; or 2.2 Suspend CONTRACTOR from receiving future bid/proposal solicitations. 3, INDEPENDENT CONTRACTOR RELATIONSHIP 3.1 CONTRACTOR is an independent contractor and, except as expressly authorized by this CONTRACT or by the COMMISSION, is not authorized, expressly or by implication, to bind the LEGISLATURE, the State of Utah, the COMMISSION, or any member, office, officer, department, agent, official, or employee of the LEGISLATURE, the State of Utah, or the COMMISSION to any contract, EDERAL LAND VALUATION MODEL Page 13 of 17 settlement, liability, or understanding or to perform any act as agent for the LEGISLATURE, the State of Utah, the COMMISSION, or any member, office, officer, department, agent, official, or employee of the LEGISLATURE, the State of Utah, or the COMMISSION.« =< 3.2. Except as othetwwise expressly provided in this CONTRACT, CONTRACTOR is solely responsible to pay for all of CONTRACTOR's expenses and to'pay each employee or subcontractor of CONTRACTOR all salary, wages, payments, expenses, fees, taxes, costs, insurance, and benefits of any kind relating to an ‘employee or subcontractor of CONTRACTOR. 4, ASSIGNMENT PROHIBITED CONTRACTOR may not assign this CONTRACT or any duty or benefit relating to this CONTRACT without the prior written permission of the COMMISSION 5, GOVERNING LAW ‘This CONTRACT shall be construéd in accordance with, and governed by, the laws of the State of Utah, without reference to principles governing choice or conflict of laws. ‘The parties will submit to the jurisdiction of the courts of the State of Utah any dispute arising out of this CONTRACT or the breach of this CONTRACT. Venue shall be in Salt Lake City, Utah, in the Third Judicial District Court for Salt Lake County. 6. EQUAL OPPORTUNITY CONTRACTOR agrees to abide by the provisions of 6.1 Titles VI and VII of the Civil Rights Act of 1964 (42 U.S.C. Sec. 2000e), which prohibit discrimination against any employee or applicant for employment or any applicant of recipient of services on the basis of race, religion, color, or national origin; 6.2 Executive Order 11246, as amended, which prohibits discrimination on the basis of sex; 63 45. CER, 90, which prohibits discrimination on the basis of age; 6A Section 504 of the Rehabilitation Act of 1973.or the Americans with Disabilities ‘Act of 1990, as applicable, which prohibit discrimination on the basis of disabilities; and 6.5. Utah's Executive Order, dated Match 17, 1993, which prohibits sexual harassment in the workplace. RFP DERAL LAND VALUATION MODEL Page 14 of 17 7. INCORPORATION OF PROVISIONS OF RFP AND RESPONSE TO REP The provisions of the REP, including all addenda to the RFP, and CONTRACTOR's proposal subinitted in response to the RFP, are hereby incorporated into this CONTRACT by reference, If any conflict exists between the RFP, CONTRACTOR's proposal, and this CONTRACT, the tezms and conditions of the following shall prevail in the following order of preference: 7.1 this CONTRACT; 7.2. the REP; 7.3. CONTRACTOR’ proposal. 8, LAWS AND REGULATIONS CONTRACTOR and any and all hardware, software, supplies, services, equipment, and construction proposed or furnished under this CONTRACT shall comply fully with all applicable federal and state Jaws and regulations. 9. PATENTS, COPYRIGHTS, ETC. CONTRACTOR releases and shall protect, indemnify, and hold harmless the COMMISSION and the LEGISLATURE from liability of any kind or nature relating to CONTRACTOR's use or provision of any copyrighted or un-copyrighted composition, secret process, patented of un-patented invention, article, or appliance furnished or used in the performance of this CONTRACT, 10. RECORDS ADMINISTRATION CONTRACTOR shall maintain, or supervise the maintenance of, all records necessary to properly account for the payments made to CONTRACTOR for costs authorized by this CONTRACT. CONTRACTOR shall retain these records for at least four years after the CONTRACT terminates, CONTRACTOR agrees to allow state and federal auditors and legislative staff access to all the records relating to this CONTRACT, for audit, for inspection, and for the monitoring of services. Such access will be during normal business hours, or by appointment, 11, CONFLICT OF INTEREST CONTRACTOR certifies that it has not offered or given any gift or compensation prohibited by the laws of the State of Utah to any officer or employee of the COMMISSION or the LEGISLATURE to secure favorable treatment with respect to being awarded this contract. nn <5 ECT CH RFP COF 2018-03 FEDERAL LAND VALUATION MODEL. Page 15 of 17 12, 14. 16. DEBARMENT CONTRACTOR certifies that neither CONTRACTOR nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this CONTRACT by any governmental department or agency. CONTRACTOR will notify the COMMISSION within 30 days if debarred by any governmental entity during the term of this CONTRACT. . INDEMNITY CLAUSE CONTRACTOR reledies; protects, defends, indemnifies, and holds harmless the COMMISSION and the LEGISLATURE from and against any damage, cost, or liability, including reasonable attorney fees for any and all injuties to persons oF property, or claims for moncy damages, arising from acts or omissions of the CONTRACTOR and the CONTRACTOR's employees, subcontractors, and volunteers NON-APPROPRIATION OF FUNDS Notwithstanding aay other provision of this CONTRACT, CONTRACTOR acknowledges that the COMMISSION cannot contract for the payment of funds not yet appropriated. The COMMISSION may, without penalty or liability of any kind, terminate this CONTRACT by providing 30 days’ written notice to CONTRACTOR that this, CONTRACT is terminated due to the non-appropriation of funds. If this CONTRACT is terininated under this provision, the COMMISSION will pay all amounts éue to CONTRACTOR through the date of termination and will not be liable for any future commitments, penalties, or damages of any kind. FORCE MAJBURE ‘Neither party to this contract will be held responsible for delay or default caused by fire, riot, acts of God, and/or war that is beyond that party's reasonable control. The COMMISSION may terminate this CONTRACT after determining that such delay or defaulé will prevent successful performance of the contract. MERGER ‘This CONTRACT constitutes the entire contract between the parties with respect to the subject matter contained in this CONTRACT. There are no covenants, terms, ot conditions, express or implied, written or unwritten, that govern the subject matter of this CONTRACT, except as expressly described in this CONTRACT. This CONTRACT supersedes all prior agreements between the parties relating to all or part of the subject matter contained in this CONTRACT. a REP COF 2018-03 FEDERAL LAND VALUATION MODEL Page 16 of 17 17. MODIFICATION OF CONTRACT This CONTRACT may be modified only in a written document signed by the COMMISSION chairs (or such other person certified as having the authority to bind the COMMISSION), on behalf of the COMMISSION, and CONTRACTOR's agent (or such other person certified as having the authority to bind CONTRACTOR), on behalf of CONTRACTOR. 18. AUTHORITY TO BIND CONTRACTOR antl the petson who signs this CONTRACT on behalf of CONTRACTOR represent that the person who signs this CONTRACT has the wuthority to bind CONTRACTOR, and does, by signing this CONTRACT, bind CONTRACTOR to the terms and conditions of this CONTRACT, 19, PUBLIC INFORMATION This CONTRACT and documents relating to this CONTRACT are subject to release in accordance with Utah Code, Title 63G, Chapter 2, Government Records Access and Management Act. 20, SEVERABILITY ‘A declaration by any court, or any other binding legal souree, that any provision of this CONTRACT is illegel and void does not affect the legality and enforceability of any other provision of this CONTRACT, unless the provisions are mutually dependent. a RFP COF 2018-03 FEDERAL LAND VALUATION MODEL Page 17-of 17 ADDENDUM NUMBER 1 To the REQUEST FOR PROPOSALS Issued by: The Commission on Federalism FEDERAL LAND VALUATION MODEL RFP No. COF 2018-03 ADDENDUM #4 December 4, 2018 This Addendum modifies provisions of the Request for Proposals, RFP No. COF 2018- 03 (‘RFP’), issued by the Commission on Federalism on November 14, 2018, as follows: The RFP is supplemented by the following additional information in response to the questions indicated: Question 1; We seek clarity on the issue of “exclusive rights to the information produced by the Federal Land Valuation Model” in Section V. 2 of the RFP. Does this refer to usage rights, software IP rights, or some other rights? Will those rights ADDENDUM #1 TO RFP NO. COF 2018-03 Page 1 of 2 interfere with a vendor's current commercial product that sells data and real estate services? Answer to Question.1; Section V. 2 of the RFP refers to two sets of rights that the COMMISSION will retain under a contract that will be negotiated with the CONTRACTOR. One set of rights is in the FEDERAL LAND VALUATION MODEL, itself; the other set of rights is in the information produced by the FEDERAL LAND VALUATION MODEL relating to the value of FEDERAL LAND, The COMMISSION’s rights in the FEDERAL LAND VALUATION MODEL itself will be negotiated between the COMMISSION and the CONTRACTOR but, as stated in Section V. 2, “shall be sufficient to enable the COMMISSION to fulfill the purposes described in this RFP relating to the valuation of FEDERAL LAND.” The COMMISSION does not anticipate that those rights will interfere with the CONTRACTOR’s other commercial products. The other set of rights that the COMMISSION will retain under the contract to be negotiated with the CONTRACTOR is in the information compiled or produced by the FEDERAL LAND VALUATION MODEL. As stated in Section V. 2, the COMMISSION "shall retain exclusive rights to [that] information .. . in perpetuity.” Question 2: The contractor may be dependent on the receipt of specific data from the various state and local entities in order to aggregate and synthesize the requested data, Will a caveat be allowed that states that the contractor's performance may be limited dependent on the flow of data from those entities? Answer to Question 2: The COMMISSION has no direct authority over any other state or local government entity. Although the COMMISSION anticipates that applicable state and local government officials will be willing to provide the necessary information for the CONTRACTOR to fulfil its responsibilities as outlined in the RFP, the COMMISSION cannot accurately predict the willingness and availability of state and local government officials to provide that information. The COMMISSION anticipates that much or all of the information that the CONTRACTOR needs from state or local government entities is public information that the CONTRACTOR will have access to, regardless of the willingness of state and local government officials to provide the information. The COMMISSION anticipates that the contract between the COMMISSION and the CONTRACTOR will reflect these realities. ADDENDUM # 1 TO RFP NO. COF 2018-03 Page 2 of 2 APPENDIX B PROPOSAL SUBMITTED IN RESPONSE TO THE RFP FOR FEDERAL LAND VALUATION MODEL, RFP No. COF 2018-03 RESPONDER: Geomancer, Inc Contact Person: C. Mark Cressler, CEO Address: 3900 N. Traverse Mt. Blvd Suite 200 Lehi, UT 84043 Telephone: (801) 960-0901 Email: mark@geomancer.us Fed. Tax ID: 46-3550508 2 GEOMANCER® EXECUTIVE SUMMARY Geornianceris'an advanced real estate intelligence software platform that combines real-tirie market analytics and hext-generation algorithm modeling with machine learning, GIS mapping services, and state-of-the art data visualization to provide unparalleled insight into the realm of real estate. Geomancer principals are motivated to assist the Fedéral Cominiission to quantify,-evaluate;-and create strategy via data aggregation and analytics that allows for the gréater increase in property tax reveriues; land use and » production, and ultimately the enhancement of State sovereignty as aed to Federal Lands within the State of Utah, Geomanoer agrees with the basic terms of the RFP, and in some cases, offers to increase the requirements.of the FEDERAL LAND VALUATION TOOL to better accomplish the above goals, while also reducing expenditures by the State. Specifically; ‘A) Geomancer proposes to configure it's existing platform, add needed functionality, and perform data loads specific to the RFP. -Geomancer ) will be compensated by the Federal Commission on a ‘Cost Only’ basis With a maximum charge of $750,000. Any funds not expended will be retained by the State. 8) Geomancer will maintain, and support said system, for a minimum of 5 years. Inthe course of regular business, Geomancet will receive revenues from clients in the State of Utah. If such revenues are sufficient to cover further maintenance and support, Geomancer will grant the Fedéral Commission an extension to the minimum 5 year peridd at no additional charge. Such extensions,'so qualified, could be extended in perpetuity. C) In the due course of it's commercial business, Geomancer will be continually adding layers of data, algorithmic functions, and analytical tools that supersede the requirements of the RFP: These enhancements can significantly increase the granularity and causal chain forecasting within the model. Geomancer.will grant to the Federal Commission usage of ALL data and tools, both current and future, on the Geomancer platform that pertain to the State of Utah. D) If Geomaneer clients request the purchase of data specifically relating to Federal Lands, Geamancer will credit the Federal Commission 25% of tiGEOMANCER” net client proceeds up to the total cost to configure and load as accrued in#A above. E) Geomancer Is open to discussions regarding the use of Geomancer by other public entities associated within the State of Utah, RFP SPECIFIC ATTRIBUTES: “a. accurately calculates in real time the market value of every acre of FEDERAL LAND within a designated county in the state of Utah;” AGREED. Geomancer systems currently achieve evaluation granularity to the parcel level and allow near infinite combinations of land uses within that parcel. Geomancer will upioad a 1 acre grid layer across the State and ascribe a unique identifier to each acre, which in turn will register the grid block to the primary database. Parcel boundaries will often bisect the 1 acre grid layer, The user will be able to switch between evaluating by parcel or grid using the full suite of evaluation tools. “b. enables a user fo manually modify VALUATION FACTORS to calculate in real time the market value of FEDERAL LAND based on different assumptions about the presence of various VALUATION FACTORS relating fo that land that affect its market value,” AGREED. Current Geomancer systems already allow the required actions. o. provides technical anchors to market data fo ensure the ongoing integrity of the modeling tool and to ensure that land values determined by the modeling tool are defensible and based on sound and generally accepted valuation methodologies; AGREED. Current Geomancer systems arguably incorporate the industry's most prolific set of automated data connectors, Any additional connectors, as required, will be configured, Primary to the cause of the system will be a defensible evaluation of property. Geomancer evaluation methodologies ascribe theory from Uniform Standards of Professional Appraisal Practice (USPAP) as detailed in Uniform Appraisal Standards For Federal Land Acquisitions (published by The Appraisal institute i GEOMANCER" in conjunotion with the Department of Justice, 2016). - Multiple evaluation approaches, namely Comparable Sales and Income, will be required t0 ... evaluate large swaths of Federal Lands, Geomancer will provide aspects of both approaches and an autoniatéd comparison ’of thé two,’ ‘A land residual approach (an advanced Income Approach) will likely be.deemed.the most effective methodology; Via thas data and standardized comparabilty;and is currently’ available in Géomander technology. d. includes an assimilation of market data and visualization of GIS data related to all FEDERAL LAND in the state of Utah and tied to land lease and commoaltie's level market data for mineral éxtraction, ‘energy production, water management, and timbér management and for recreational and agricultural uses; AGREED, Current Geomancer technologies allow for éach’of the above” Natural Resource computations, however, Water management will need to be added {o the system and Geomancer will rely on data supplied by the Utah Division of Water Resources. é. provides land valuation estimates that compare FEDERAL LAND to all available private lands and Schoo! afid Institutional Trust Lands in the state of Utah; = : AGREED... Geomancer, will provide evaluations on all/property in the State including SITLA owned parcels. Upon award of additiénal funding, as explained in Section V.4, Geornancer Will load data from all counties into the database upon which any two properties could be compared. f. allows the finished product to be tied to actual market sources and is sufficiently robust fo enable, valuation estimates fo adjust automatically to current market conditions 89 that the, modeling fool can be relied upon year after year on an ongoing basis, AGREED, Current Geomancer systénis are linked to data streams via automated conhectors. Data'streams deliver data as the provider publishes Ti GEOMANCER™ said data. Data update schedules will vary by data class and as published by provider, As per addendum #1, response #2, dated Dec 4, 2018 of the RFP. The COMMISSION anticipates that much or all of the information that the CONTRACTOR needs from state or local government entities is public information that the CONTRACTOR will have access fo, regardless of the willingness of state and jocal government officials to provide the information. The COMMISSION anticipates that the contract between the COMMISSION and the CONTRACTOR will reflect these reatities g. allows a user to estimate the value of FEDERAL LAND as itis currently used and to estimate changes in value due fo future uses under various scenarios under private or public ownership. AGREED. Current Geomancer systems allow for such estimates and sensitivity analyses based on future uses and changes in future income and expenses. Subject to additional funding, as explained in Section V. 4, for five years following the development of the FEDERAL LAND VALUATION MODEL, the CONTRACTOR shall MAINTAIN the FEDERAL LAND VALUATION MODEL to ensure its proper and continual functionality. AGREED. Geomencer will provide, at a minimum, 5 years of maintenance and support for the Federal Land model. Geomancer will also extend the maintenance and support beyond 5 years if during Geomancer’s commercial operations in the State of Utah, funds are sufficient within it's operations to cover said expenses for maintenance and support. This extension may operate in perpetuity as long as the above conditions are met. The COMMISSION shall retain rights to the FEDERAL LAND VALUATION MODEL and information produced by the FEDERAL LAND VALUATION MODEL during the entire term of the contract entered pursuant to the award of a contract under this RFP and shall retain exclusive rights to the information produced by the FEDERAL LAND VALUATION MODEL in perpetuity. The rights of the COMMISSION to the FEDERAL LAND VALUATION if GEOMANCER® MODEL during the term of the contract shall be negotiated between the COMMISSION and the CONTRACTOR but shall be sufficient to enable the COMMISSION to fulfill the purposes described i inthis a relating 7 a valuation of FEDERAL LAND: 7 AGREED. As per Addendum #1,.response #1, dated Dec 4, 2018,0f the.RFP: The COMMISSION's rights in the FEDERAL LAND VALUATION MODEL, itself.will. be-negotiated between the-COMMISSION and.the. CONTRACTOR: but, as stated in Section V. 2, “shall be sufficient to enable the COMMISSION to fulfill the purposes described in this RFP relating to the valuation of * FEDERAL LAND." The COMMISSION does notanticipate that those rights will intérfere with the CONTRACTOR's other ‘corntristcial products. Ad a necessity disclosuié, Georancer has an eatty ‘client that has rights to all data in Geomancé’s databases. «The ‘client’ receives the data in the form ofa dofiation. Primary Narrative ‘ ‘ Problem: Dark Closet Discounting and Lack of Sovereignty A majority of lands in the State of Utah aie owned or controlled by the Federal Government. The land and natural resources appurtenant to the land, is in most cases, inacoessible fo the public and carinot be used to, promote economic growth and stability for the citizens of Utah, The State of Utah is intérésted in better understanding the value of the assets that are protected by Federal Land Policies. The Staté is also interested in understanding the negative ‘consequences to the State due to under-dssessment of these-lands for PILT (payment in lieu of taxes) purposes. * The Federal Government makes a payment to thé State of Utah each year to compensate the State for their control of the lands within the’ State and the loss of associated property taxes. The Payment in Lue of Taxes (PILT) is approximately $26 million dollars a year or just over $1 per acré per year, @ likely pitance in comparison to the actual value if the land were in production or at comparable property tax revenues. The State is focused on understanding the negative consequences to the State due to under tf GEOMANCER® assessment of these lands for PILT purposes. These circumstances are likely the result of a general lack of data or tools to mass value the properties and Is borne from the impossibility of human calculation of multitudes of factors on millions of acres. The default result is a steep discount in lieu of information and proof of value. Proactively assessing millions of properties in an ever changing economic system is next to Impossible under traditional paper evaluation methods. By the time one were to acquire the data for the entire State and analyze it into a sufficiently granular form, the data is likely now outdated. . In order to engage in meaningful conversation and negotiations with the Federal Government, the State would want to provide an evaluation of every aore of land in the state of Utah in an interactive format that will allow the Staté or Federal Agencies to manually modify key valuation assumptions with transparent evaluation results. .Such a tool would create a baseline for State and Federal communication and close the gap on the “value discount” due for lack of knowledge. As every acre in the State would be evaluated using standardized comparability, including both Income and Comparable approaches, tens of millions of acres would be available as comparables in the most accurate of assessments — Utility. Such a system would eclipse any known model or system employed by the Federal Government and may create a nuance in which the Fed must disprove the power of big data. Thereby, possibly placing the burden of proof on the Federal Government. If other States were to also be digitally mapped and aligned via standardized comparability, the power of precedent would be significant as any other Fed sponsored defense would likely start from an inferior data and tool set. Ata minimum, the resultant Geomancer data and associated tools should get the conversations started. Federal lands should be represented in context of the State Resource Management Plan which reflects the County Resource Management Plans for every county in the state, The model should consider the irreplaceable value of preserving national monuments and national forests and the need to preserve and enhance the habitats for important or endangered species. The model should estimate the value of the land as it is currently used as well as methods for estimating changes in value due to future uses of the land in various scenarios whether under private or government ownership. OMANCER" Wc Solution — Illumination through Information: The fundamentals to any economy are; Land, People, and Time = the ‘three primes." The Gross Potential GDP of any geographic area is predicated on the decisions and prioritization made while balancing these three primes. Comprehensive governance cannot begin until the primes are quantified and correlated: Geomancer's core algorithm begins with the Primes and adds layers of funetion and formula in.an ever. “The fist formula layering the core is land residual value; the highest and best a hurnan can produce on a specific property, divided by time, thus... generating @ return om investment (Capital) The very definition and gold standard of evaluation; Ulllty, Geomancer believes that the _FEDERAL VALUATION TOOL could bei much more than a property evaluation tool for the Commission. ..As stated, we believe that Land, People, and Time are core to understanding the potential Gross GDP for any geographic area and balancing the prioritization of each is the prerogative for good governance. : We also acknowledge that this -< calculable chain from core to next value-added layer does not stop with a land residual valuation. The chain continues onto ‘the next tier of proforma calculations such as commodities production, then conversion of these commodities into manufactured items, then the manufactured item into some form of service or value add, and so forth until eventually capturing the entirety of the econontic transactions within the State. The ability to view changes up and down that chain creates an invaluable tool for great governance as economic or developmental policy could be quantified and forecasted up and down that same economic chain. Utah's ability to create more effective policy and it's economic advantage over other States could be significant. Geomancer provides the hardware mechanisms, databases, data connectors, data visualizations and forecasting tools required to achieve the above goals in order to foster greater decisioning, planning, and policy creation. Market wide statistics and real-time parcel specific data reduce uncertainties in property values, providing for more precise taxation and budget accounting Infrastructure costing and planning via real time data create a faster and more cost-centric land planning and management environment, an unprecedented digitally mapped perspective. Ci GEOMANCER’ Geomancer software combines real-time market analytics and next- generation algorithm and proforma modeling with machine learning, GIS mapping and state-of-the-art big data visualization to provide unparalleled insight for those elected to govern 65+ property specific variables and 250+ real estate and economic data feeds are tracked in real-time, aggregated and analyzed, configurable to all property and city specific zoning classes, adjusted for physical attributes and market forces using live proforma based algorithms and then compared to market pricing. Tracking these variables through conventional means would be virtually impossible. The era of big data dissemination has arrived for property management. Below is a sampling of the data sets and tools currently available within Geomancer. For a thorough understanding of available data and data tools, please visit the product itself by requesting a login ID and password by emalling mark@geomancer.us : Geomancer provides “big data” and the tools to interpret it DATA (Small Sample Only) Integrated Zoning; Maps, Descriptions, and Allowances + Demographics + Economic Data + Market Data + Sales and Tax Data + Building Permit Data + Parcel Boundaries + Traffic Counts + Utilities + Predictive; property, Income, and Capital Gain tax revenues tf GEOMANCER’ + Soil Feasibility ‘Topography + Flood Maps and Water Data + Natural Resource market unit values «Build costs for vertical and horizontal improvements + ‘Natural: Resource:proformas and historical data “+ TOOLS : = + Mapping and Spatial Analysis + Automated Land Residual (Developer's) Proforma + Market wide Trend Analysis ‘ + Near Infinite Sensitivity analysis + Measititig and Catchinent Tools + Document Storage and Publishing + Collaborative Communication Platform + Automated Alerts + Quick Order Service Links + Customizable Dashboards + Automated Current Pricing Evaluation + Customized Reporting Key Performing Indicators + Project Managément « Ability to easily integrate existing or new State, County, or City systems into the Geomancer database and functionality + Causal Chain Forecasting tft GEOMANCER’ Asset Validation: Geomancer has developed sophisticated data analytics software which evaluates large land parcels. Geomancer utilizes comparable sales data as well as land residual value datasets; multiple layers of GIS data, such as local Zoning codes, topography, solls types, flood zones, access to water or.utlities, agricultural productivity, various natural resource production, and user judgment, to create value ranges in varying classes and categories. Each class of category is fully adjustable via sensitivity analytics, Geomancers algorithm also computes estimated taxation based on State and Federal Income tax, Property Tax, and future Capital Gains taxes in each parcel scenario. Each of the State's millions of acres will be regularly and independently processed through the core algorithms with an estimated 4000 calculations per parcel based on real time property specific dala attributes. Geomancer collects data to conduct baseline evaluation for all federal lands in the state as if they were zoned as permanent green space. There are different qualities of green space. It Is reasonable that each of the different land uses has a different value to the state. Our emphasis will be to place a reasonable minimum value on each land use designation and then calculate the approximate value of each area with consideration for natural resources, slopes, soils, water, recreational access, or any other productive uses of the land, to include development, State and Commission officials can set or reset land use assumptions at will, Geomancer will re-adjust the evaluation based on these changes. ‘Automatically evaluate all properties that are adjacent to existing privately held properties and estimate land values based on valuations of proximate properties including topography, land uses, soils, water resources, infrastructure, market demand, zoning and demographics. Each county will provide all of the geospatial and GIS data available for assimilation into Geomancer. Depending on the needs and interest of each county, appropriate personnel will at the county level be trained to use the sofware and conduct scenarios analysis for future uses and tax estimation purposes. Additional services and login capability will be evaluated on an as requested basis for each county’ ¢f GEOMANCER" Geomancer will assimilate all county geographic data in the State of Utah and conduct predictive analyses of values based on all of the above considerations and ali user-identified potential uses for-the land and appurtenant natural resources. Geomancer will create custom algorithms for predictive analytics to meet specific requirements of the State and each county as needed. Specific natural resources or land usés Which may be of interest may include oll reserves, water resources; mineral deposits, agricuttural and grazing potential, recreational lands, timber or other uses. Geornencer will Conthus {6 Update and modify dais and algorithms 2S additional data sources become available through new technologies which may include satellite or drone collected imagery, gravitational anomalies, soils moisture content, wéather patterns, endangered species habitats, wetlands protection plans, demographic trends, infrastructure installation, water development, wildlife migration corridors, or other categories. The massive amount of data collected and mathematically derived is then ported to our data Ul where dashboards, cards, and alerts can be generated in order to visualize and harness the data and create Key Performing Indicators that allow the measurement and accounting of good land management practices. REQUIRED RESOURCES: Significant funds have been expended to deliver the entirety of the Geomancer / Domo combined platform. It is estimated that upwards of $325M has been spent in Research and Development on the total product. As such, the primary product requirements within this RFP have already been created and entering service. Upon approval and engagement via the RFP, Geomancer will then task to load thie county and city data throughout the State and automate the same data via custom connectors and APIs. ‘Additional data layers and functionalities specific to the RFP requirements will also be added and automated. As multiple technical development teams are already employed with associated management and infrastructure, very lite new resources will be needed to complete the tasks required to complete the RFP. References, Responsibility, and Qualifications: tic OMANCER" To our knowledge a mass evaluation Federal Land Valuation tool has never been built, as such it will be difficult to find references for such a system. However, the Geomancer platform is built from components which have been tested and well used and attributable to specific brands. When creating the Geomancer platform, we assembled the best partners the Industry could offer: Google, Inc - Satellite Mapping and Spatial Data, 1-877-355-5787 Domo, Inc - Data Automation and Visualization, 800-899-1000 Amazon (AWS) - Hardware and Cloud Computing, 86(10) 1010 0966 Each partner is stand-alone in the maintenance of its portion of the Geomancer platform and can be replaced should one company falter. Utilizing tens of thousands of employees and with significant market capitalization, each of these partners has the capacity to maintain their portion of the platform over the 5 year maintenance period and likely beyond. Geomancer Adaptive Appraisal provides algorithmic modeling and data aggregation with 32 employees and does so under Geomancer, Inc. Geomancer, Inc -the holding company for all of the below mentioned entities and the sole owner of the Geomancer software is 100% funded by it's own principals. Geomancer has not required any outside investor funding nor the ties that come with such investments. Geomancer's Principals and Shareholders are seasoned veterans of both Utah's Tech community and the global real estate markets: Derek Maxfield - Computer Science/BYU. CEO and Founder of Netsteps, exit of $20M. CEO and Founder of Younique, exit of 60% cash buy-out from COTY for $640M https:/Awww.linkedin.com/in/derek-maxfield-8990266 Noel Vallelo - BAsc/BYU CEO and Founder of Test Out. Utah foundational tech company (1990) based in PG, UT. _hitps:Avww.linkedin.comvininoel-vallejo-aabbgat t/ Sean Yergensen- Computer Sclence/BYU. CTO Geomancer. Lead Architect for ‘CUBS, largest private banking software system in the US Josh James - BA/BYU CEO and Founder of Omniture with an exit of $1.8b in 2010. CEO and Founder of Domo with an Oct 18" IPO and valuation of $500M, https:timww.linkedin.com/iniamjoshjames! xf GEOMANCER® Mark Cressler - Economics/UofU Outgoing CEO of Geomancer. ; Chairman of the Board. Senior PM, Special Purpose Real Estate- LDS Church. High value strategy, Temple Sites, Global portfolio.’ -httosi//www.linkedin:comfin/c-mark-cressler-b742a2100/ Ryall Freeman ~ BA/BYU' ‘Incoming CEO of Geomaroer.” Prolific commercial real estate developer, owner of Traverse Mountain. fittps:/\www.linkedin com/in/ryanfreemang: Matt Schleifartth - MBA,JD/MIT EVP of Corporate Development. Expert at growth strategy and business expansion. tps:/mwwr.linkedin.corivmattschleifarth! Our Team Management at Geomancer is relentlessly committed to our client's success. We.do what we do because we've walked in our client's shoes throughout much of our careers. Our professionals are hand-picked from complimentary disciplines; land development, multi-famlly, residential, retail, office and include economists, MAI appraisers, statisticians, commercial brokers, data scientists, and private equity real estate fund managers. Executives: + Our executive team has acquired, managed and disposed of billions of dollars of assets across the globe, ranging froin high-rise residential in Hong Kong to raw land in Africa. With over a 100 years experience working on some of the world’s largest portfolios, our executive team understands real estate at an expert level. Your Executive point of Contact: C. Mark Cressler, CEO —(801)960-0901. Mark will be transitioning into the role of Chairman of the Board, however, he would continue as the main point of contact for business terms in this endeavor. Technical: Geomancer was a dream of the Ultimate real estate platform supported by big data, Geomancer’s top-tier technical team did the previously impossible and encoded wide swathes of commercial real estate wisdom into software. Our great partners, Domo and Google, proyide technical foundations and relationships that allow for us to create unparalleled perspective into the world of real estate. ei GEOMANCER™: Your Technical point of Contact: Sean Yergensen, CTO — (801) 360-5546 Sean has several development teams at his disposal to accomplish any needed servicing or maintenance. Sean will assign out tasks based on specific need. Geomancer is supported by business units ina syndication of tech, finance,-and real estate companies: Geomancer, Ino. - Our technical kingpin and central source of data. Geomancer Corporate Services - Commercial Real Estate Brokerage LIC#5450026-PB Geomancer Adaptive Appraisal - MAI Appraisal Management Company LIC#9607005-AMCO i: Geomancer Capital, Inc - Commercial Credits and Banking LICHNMLS259821 Certification: Neither the RESPONDER nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction or contract by any governmental entity. * Executive Powers: C. Mark Cressler, CEO of Geomancer, has been designated as a wholly responsible executory for Geomancer, Inc, as per Corporate Bylaws dated ‘Aug 2013 and amended in Mar 2018. CY Cee. Name: C. Mark Cressler, CEO Date: 12/13/2018

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