Contract+Amendment++15.pdf

CONTRACT AMENDMENT

CONTRACT NAME AND NUMBER: TIME & LABOR SOLUTION, #180

AMENDMENT NUMBER: 15

This amendment is made to the Time & Labor Solution Contract (Contract) between the State of North Dakota, acting through its State Procurement Office (STATE), and WorkForce Software, LLC (fka Workforce Software, Inc.) (CONTRACTOR).

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 Time and Labor Systems Products and Services Contract dated May 17, 2007, as amended (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:

Renewal Section 2, Term of Contract. The Contract was renegotiated on February 7, 2023 for a period starting July 1, 2021 through June 30, 2024 with two renewal options for twelve months each and one extension option for up to twelve months. The Contract also includes a Renegotiation Option.

The parties agree to renew the Contract through June 30, 2025. One renewal and one extension option remain.

Scope of Services Contract Section 1, Scope of Services is amended to add the Extended Support Schedule for the On- Premise the Information Technology Department.

Pricing Contract Section 28F, Pricing is amended to add the Extended Support Schedule cost of $24,287.36.

Insurance Pursuant to 2021 House Bill 1057, the statutory caps on State liability (N.D.C.C. § 32-12.2-02) increase each year starting July 1, 2022 through July 1, 2026. Therefore, the insurance requires for this contract are being amended.

Contract Section 11, Insurance. Insurance requirements are hereby amended as follows, listed by subsection:

1) Subsection a.1: 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 a.3: Automobile liability, including Owned (if any), Hired, and Non-Owned automobiles, with minimum liability limits of $500,000 per person and $2,000,000 per occurrence.

3) Subsection a.4: Employer’s liability or “stop gap” insurance of not less than $2,000,000 as an endorsement on the workers compensation or commercial general liability insurance.

Third-Party Risk Management Program The Third-Party Risk Management (TPRM) program helps to classify, evaluate, and monitor all third-party Vendors to provide reasonable assurance that inherent and overall risk associated with each third-party Vendor relationship is understood and aligned to the overall security objectives at NDIT.

DocuSign Envelope ID: BC0CCA4F-96DB-4818-A6AB-506D6CD6227B

TPRM went into effect on July 1, 2023. The contract is hereby amended to include the following TPRM section:

CONTRACTOR shall undergo the third-party security questionnaire on an annual basis (provided that

(a) the security questionnaire is provided by the STATE and not a third-party (unless the third-party solution is (a) not a direct competitor of CONTRACTOR and is FedRAMP or StateRAMP authorized and (b) third-party executes a non-disclosure agreement with CONTRACTOR), (c) the responses provided by CONTRACTOR shall be considered confidential and proprietary information exempt from disclosure under any applicable open records (or similar) laws, (d) that the questionnaire shall be reasonable in scope and length) at no cost to the STATE, unless CONTRACTOR has received FedRAMP, StateRAMP, or HiTrust certification. CONTRACTOR shall provide complete questionnaire within twenty-one (21) calendar days of receiving a written request. CONTRACTOR shall undergo the third-party security questionnaire when a material breach has occurred related to the security and/or confidentiality of the services provided.

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

EXECUTION

CONTRACTOR STATE OF NORTH DAKOTA

WorkForce Software, LLC Acting through its State Procurement Office

BY: BY:

Printed Name: Printed Name:

Title: Title:

Date: Date:

STATE OF NORTH DAKOTA

Acting through its Information Technology Department

BY:

Printed Name:

Title:

Date:

DocuSign Envelope ID: BC0CCA4F-96DB-4818-A6AB-506D6CD6227B

Lauren Townsend

Vp, Global Controller

April 24, 2024

Tricia Opp IT Procurement Officer

05/02/2024

Greg Hoffman Deputy CIO

05/02/2024 https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAZzMR8se8vaE7R8c2lg_xskkJ74xcCAuQ https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAZzMR8se8vaE7R8c2lg_xskkJ74xcCAuQ

WorkForce Amendment Final Audit Report 2024-05-02

Created: 2024-05-02

By: Tricia Opp (topp@nd.gov)

Status: Signed

Transaction ID: CBJCHBCAABAAZzMR8se8vaE7R8c2lg_xskkJ74xcCAuQ

"WorkForce Amendment" History Document digitally presigned by DocuSign\, Inc. (enterprisesupport@docusign.com) 2024-04-24 - 5:09:50 PM GMT- IP address: 165.234.252.245

Document created by Tricia Opp (topp@nd.gov) 2024-05-02 - 5:42:15 PM GMT- IP address: 165.234.252.245

Document e-signed by Tricia Opp (topp@nd.gov) Signature Date: 2024-05-02 - 5:43:54 PM GMT - Time Source: server- IP address: 165.234.252.245

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

2024-05-02 - 5:43:55 PM GMT

Email viewed by Greg Hoffman (gahoffman@nd.gov) 2024-05-02 - 5:59:15 PM GMT- IP address: 104.47.65.254

Document e-signed by Greg Hoffman (gahoffman@nd.gov) Signature Date: 2024-05-02 - 5:59:47 PM GMT - Time Source: server- IP address: 165.234.248.3

Agreement completed.

2024-05-02 - 5:59:47 PM GMT