ESS+Contract+Amendment+4.pdf

FOURTH AMENDMENT TO AGREEMENT

This Fourth Amendment ("Amendment") shall be deemed a material part of that certain Technology Contract: Voting Tabulation System Replacement Contract by and between the state of North Dakota, acting through Its Office of Management and Budget, State Procurement Office and its Secretary of State, Elections Units ("State") and Election Systems & Software, LLC, a Delaware limited liability company ("Contractor") dated June 28, 2019 ("Original Contract") as amended by that certain First Amendment to Agreement dated September 26, 2019 ("First Amendment") and that certain Second Amendment dated October 25, 2019 ("Second Amendment") and that certain Third Amendment dated November 1, 2019. The Original Contract, First Amendment, Second Amendment, and Third Amendment are collectively referred to herein as the Contract. The terms of this Amendment shall modify and supersede any and all inconsistent terms of the Contract. Capitalized terms not otherwise defined herein shall have the same meanings ascribed to them in the Contract.

RECITALS

WHEREAS, Contractor and State entered into the Contract under which Contractor will be providing equipment, licensing software and performing certain services for State;

WHEREAS, both Contractor and State wish to amend the Contract with respect to said services in order modify on-site support being purchased under the Contract as included in the Contract, Exhibit B, Compensation Details, Optional Items and Associated Cost.

WHEREAS, the Contract is a valid and subsisting agreement between Contractor and State and both parties shall continue to be bound by the terms and conditions of the Contract not otherwise amended herein.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:

1. Incorporation of Recjtals, The foregoing recitals are hereby specifically incorporated into, and deemed a material part of, this Amendment.

2. Scope of Work. Section 4 of the Contract is amended to add the following:

a. CONTRACTOR, in exchange for compensation paid by STATE under this Contract, shall provide election on-site support for each of the 53 counties in the State of North Dakota for the June 9, 2020 Statewide Election. On-site support shall be provided by one CONTRACTOR staff member working with each county auditor the day before, day of, and day after election.

b. CONTRACTOR, in exchange for compensation paid by STATE under this Contract, shall configure and deliver four DS450 units to the following locations:

Burleigh County Auditor's Office, 221 N 5th Street, Bismarck, ND 58501 Cass County Auditor's Office, 211 9th Street S, Fargo, ND 58103 Grand Forks County Auditor's Office, 151 S 4th Street, #101, Grand Forks, ND 58201 Ward County Auditor's Office, 225 3rd Street NE, Minot, ND 58701

Except as amended herein, the remaining terms and conditions of Section 4 shall remain in full force and effect.

3.

4.

Com.wmsatjon, The first sentence of Section 5(a) of the Contract is hereby deleted in its entirety and replaced in its entirety with the following:

STATE shall pay for the accepted services provided by CONTRACTOR under this Contract an amount not to exceed $9,531,887.00 (Contract Amount).

Except as amended herein, the remaining terms and conditions of Section 5 shall remain in full force and effect.

Continying Vali.di1¥ Qf C.2n.tr,rua. Except as specifically set forth in this Amendment, all remaining terms and conditions of the Contract shall remain in full force and effect.

EXECUTED as of the g{ day of &e"f , 2020.

SOFTWARE, LLC. STATE OF NORTH DAKOTA

By &mi� Its: S" ...e c �fa.,,"L o-f Sf4::C--

By: __ Gt_eg_ffof{i_m_a11 ____ _

Its: Information Technology Department

Director, Administrative Services

�- 1(¥'{\ By:\b,-fU.f1 .. C! .. L1�---lts: Office of Management & Budget, State Procurement Office

Quantity

·4

State of North Dakota

Purchase Proposal Quote Submitted by Election Systems & Software

Purchase Solution Includes:

Item Description

Election On-Site Support (One Event includes a person on-site the dav before day of and day after election) DS450 Units (each unit includes Scanner, Steel Table/Cart, Start-up Kit, Dust Cover, Reports Printer, Audit Printer, Battery Backup, Two (2) USB Cables and Two (2) Standard 8GB Memory Devices)

Shipping and Handling

Total Purchase Solution

Unit Price Total Price

$4,525.00 $239,825.00

$49,950.00 $199,800.00

$600.00 $2,400.00

$442,025.00

ONGOING HARDWARE AND SOFTWARE MAINTENANCE, SUPPORT (ORIGINAL

CONTRACT)

Time Period Total Cost/ Invoice Coverage Period (January 1, 2021 to December 31, 2021)

- Hardware- Gold Coverage $419,415

- Software $95,040

Coverage Period (January 1, 2021 to December 31, 2021) Total $514,455

Coveraqe Period (January 1, 2022 to December 31, 2022)

- Hardware- Gold Coverage $419,415

- Software $95,040

Coverage Period (Janua!}' 1, 2022 to December 31, 2022) Total $514,455

Coverage Period (January 1, 2023 to December 31, 2023)

- Hardware- Gold Coverage $419,415

- Software $95,040

Coveraqe Period (Janua!}' 1, 2023 to December 31, 2023) Total $514,455

Coverage Period (January 1, 2024 to December 31, 2024)

- Hardware- Gold Coverage $419,415

- Software $95,040

Coverage Period (January 1, 2024 to December 31, 2024) Total $514,455

AMENDMENT 1 ADDITIONAL ONGOING HARDWARE AND SOFTWARE MAINTENANCE,

SUPPORT (FOR REFERENCE)

!Time Period I Total Cost/ Invoice Coverage Period (January 1, 2021 to December 31, 2021)

- Hardware- Gold Coveraqe $15,380.00

- Software $7,765.00

:coverage Period {Janua!}' 1, 2021 to December 31, 2021) Total $23,145.00

Coverage Period (January 1, 2022 to December 31, 2022)

- Hardware- Gold Coverage $15,380.00

- Software $7,765.00

Coverage Period (January 1, 2022 to December 31, 2022) Total $23,145.00

Coverage Period (January 1, 2023 to December 31, 2023)

- Hardware- Gold Coveraae $15,380.00

- Software $7,765.00

Coverage Period {Janua!}' 1, 2023 to December 31, 2023) Total $23,145.00

Coverage Period (January 1, 2024 to December 31, 2024)

- Hardware- Gold Coverage $15,380.00

- Software $7,765.00

Coverage Period (January 1 2024 to December 31, 2024) Total $23 145.00

AMENDMENT 4 ADDITIONAL ONGOING HARDWARE AND SOFTWARE MAINTENANCE,

SUPPORT

rTime Period I Total Cost I Invoice Coverage Period (January 1, 2021 to December 31, 2021)

- Hardware- Gold Coverage $10,920.00

- Software $6,300.00

Coverage Period (January 1, 2021 to December 31, 2021) Total $17,220.00

Coveraqe Period (January 1, 2022 to December 31, 2022)

- Hardware- Gold Coverage $10,920.00

- Software $6,300.00

Coveraae Period (January 1, 2022 to December 31, 2022) Total $17,220.00

Coveraae Period (January 1, 2023 to December 31, 2023)

- Hardware- Gold Coveraae $10,920.00

- Software $6,300.00

Coveraae Period (January 1, 2023 to December 31, 2023) Total $17,220.00

Coverage Period (January 1, 2024 to December 31, 2024)

- Hardware- Gold Coveraae $10,920.00

- Software $6,300.00

Coveraae Period (January 1, 2024 to December 31, 2024) Total $17,220.00