Contract+Amendment+12+-+Renegotiation.pdf

CONTRACT AMENDMENT

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

AMENDMENT NUMBER: 12

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 January 17, 2017 for a period starting July 1, 2017 through June 30, 2019. Two Contract renewals were executed, with a current expiration date of June 30, 2021.

The parties have agreed to renegotiate the Contract as some agencies are migrating to the SaaS solution with a three year term. The Term of Contract is amended to continue after its current expiration, with a period beginning 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.

Renegotiation Option: In view of the fact that it is unknown how long the products and services will be used by STATE and that STATE will require ongoing maintenance and support of the products for as long as the system is operational, therefore after completion of the initial term (Term) of this Contract, including any extensions and renewals, STATE and CONTRACTOR may renegotiate this Contract upon mutual agreement of the parties.

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

DocuSign Envelope ID: 21604978-B873-4F7B-AEB2-20A1D3A30630

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:

Tricia Opp

Procurement Officer II

4/16/2021

Greg Hoffman

Director, Administrative Services

04/16/2021

DocuSign Envelope ID: 21604978-B873-4F7B-AEB2-20A1D3A30630

Robert Feller

CFO

Apr-16-2021

EXECUTION