Sec+of+State+-+ES&S+Amendment+13.pdf

THIRTEENTH AMENDMENT TO AGREEMENT

This Thirteenth 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”), that certain Third Amendment dated November 1, 2019 (“Third Amendment), that certain Fourth Amendment to Agreement dated March 31, 2020 (“Fourth Amendment”), that certain Fifth Amendment to Agreement dated July 7, 2020 (“Fifth Amendment”), that certain Sixth Amendment to Agreement dated September 16, 2020 (“Sixth Amendment”), that certain Seventh Amendment to Agreement dated December 21, 2020 (“Seventh Amendment”), that certain Eighth Amendment to Agreement dated October 20, 2021 (“Eighth Amendment”), that certain Ninth Amendment to Agreement dated October 19, 2022 (“Ninth Amendment”), that certain Tenth Amendment to Agreement dated September 6, 2023 (“Tenth Amendment’), that certain Eleventh Amendment to Agreement dated November 9, 2023 (“Eleventh Amendment’), and that certain Twelfth Amendment to Agreement dated November 21, 2024 (“Twelfth Amendment’). The Original Contract, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment, Seventh Amendment, Eighth Amendment, Ninth Amendment, Tenth Amendment, Eleventh Amendment, and Twelfth 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 extend the Contract and recognize the annual cost for the extension.

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. Compensation, Contract Section 5. The parties agree STATE will pay the following annual cost for the ongoing ElectionWare Software License and Maintenance and Support Fees:

Annual Maintenance Fees (1/1/2025 – 12/31/2025) Qty Description Total Cost 54 Electionware Election Management Software – Reporting Only

Base Package $97,888.50

Total Cost – Annual Fees $97,888.50

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

2. Continuing Validity of Contract. Except as specifically set forth in this Amendment, all remaining terms and conditions of the Contract shall remain in full force and effect.

, 2025.

STATE OF NORTH DAKOTA

By:

EXECUTED as of the day of

ELECTION SYSTEMS & SOFTWARE, LLC.

By:

Its: VP of Finance Its:

By:

Its:

By:

Its:

Information Technology Department

Office of Management and Budget, State Procurement Office

Secretary of State, Elections Unit

January24 https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAn7iRIPRYEKRcr9v-aFNisBCJgUWSuju0 https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAn7iRIPRYEKRcr9v-aFNisBCJgUWSuju0 https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAn7iRIPRYEKRcr9v-aFNisBCJgUWSuju0

Sec of State - ES&S Amendment 13 Final Audit Report 2025-01-24

Created: 2025-01-23

By: Tricia Opp (topp@nd.gov)

Status: Signed

Transaction ID: CBJCHBCAABAAn7iRIPRYEKRcr9v-aFNisBCJgUWSuju0

"Sec of State - ES&S Amendment 13" History Document created by Tricia Opp (topp@nd.gov) 2025-01-23 - 11:15:03 PM GMT- IP address: 165.234.252.245

Document e-signed by Tricia Opp (topp@nd.gov) Signature Date: 2025-01-23 - 11:17:05 PM GMT - Time Source: server- IP address: 165.234.252.245

Document emailed to Greg Hoffman (gahoffman@nd.gov) for signature

2025-01-23 - 11:17:08 PM GMT

Email viewed by Greg Hoffman (gahoffman@nd.gov) 2025-01-24 - 3:01:14 PM GMT- IP address: 104.47.65.254

Document e-signed by Greg Hoffman (gahoffman@nd.gov) Signature Date: 2025-01-24 - 3:01:23 PM GMT - Time Source: server- IP address: 165.234.248.3

Document emailed to Sandra McMerty (slmcmerty@nd.gov) for signature

2025-01-24 - 3:01:25 PM GMT

Email viewed by Sandra McMerty (slmcmerty@nd.gov) 2025-01-24 - 3:32:23 PM GMT- IP address: 104.47.65.254

Document e-signed by Sandra McMerty (slmcmerty@nd.gov) Signature Date: 2025-01-24 - 3:32:36 PM GMT - Time Source: server- IP address: 165.234.253.46

Agreement completed.

2025-01-24 - 3:32:36 PM GMT