Phire_Renewal_Amendment_1docx.pdf

CONTRACT AMENDMENT

CONTRACT NAME AND NUMBER: Version Control, Migration and Approval Software- 121

AMENDMENT NUMBER: 1

This amendment is made to Version Control, Migration and Approval Software, State Contract 121 (Contract) between the State of North Dakota, acting through its North Dakota University System, Office of Management and Budget, State Procurement Office (STATE), and Phire, Inc.

(CONTRACTOR).

WHEREAS the parties entered into a written Contract on 21st of December, 2018.

WHEREAS the parties, by their actions and performance under Contract terms, effectively exercised the one (1) renewal option effective on the 30th of June, 2022, without memorializing such a renewal in writing;

NOW THEREFORE, the parties agree to memorialize the renewal option in writing in this Amendment.

The parties agree to the following terms and conditions and expressly agree that if any of the following terms and conditions conflict with any of the terms and conditions of the Contract, then, notwithstanding any term in the Contract, the following terms and conditions govern and control the rights and obligations of the parties.

The parties agree to amend the Contract as follows:

Insurance Contract Section 17, Insurance. The Insurance is hereby amended as follows, listed by subsection:

1) Subsection a: Commercial general liability, including premises or operations, contractual, and products or completed operations coverages (if applicable), with minimum liability limits of $2,000,000 per occurrence.

2) Subsection d: Employer’s liability or “stop gap” insurance of not less than $1,000,000 as an endorsement on the workers compensation or commercial general liability insurance.

Renewal and Extensions Contract Section 5, Term of Contract. The Contract commenced on 12/21/2018 for a period of 3.5 years with an option to renew the Contract for up to three (3) twenty-four (24) months each.

The parties have agreed to renew or extend the Contract for an additional twenty-four (24) months;

therefore, the Contract is amended to change the expiration date to 6/30/2024. The Contract has 2 renewals remaining. The Contract can be extended for an additional six (6) months.

All other terms of the Contract remain in effect. This Contract Amendment is not effective until fully executed by all parties.

DocuSign Envelope ID: F54EE88E-2C98-4C7D-9955-7CAA060B8970

EXECUTION

CONTRACTOR STATE OF NORTH DAKOTA

Phire, Inc.

Acting through its North Dakota University System (NDUS)

BY: BY:

Printed Name: Printed Name:

Title: Title:

Date: Date:

STATE OF NORTH DAKOTA

Acting through its State Procurement Office

BY:

Printed Name:

Title:

Date:

DocuSign Envelope ID: F54EE88E-2C98-4C7D-9955-7CAA060B8970

9/14/2022

President

John Han Darin King

9/14/2022

Vice Chancellor of IT/CIO

9/15/2022

State Procurement Officer

Chad Keech

EXECUTION