Contract+Amendment+13.pdf

AMENDMENT #13

to the

TIME AND LABOR SOLUTION PRODUCTS AND SERVICES CONTRACT

between

WORKFORCE SOFTWARE LLC

and STATE OF NORTH DAKOTA, ACTING THROUGH ITS INFORMATION TECHNOLOGY DEPARTMENT IN COOPERATION

WITH THE STATE PROCUREMENT OFFICE

This Amendment #13 (“Amendment”) to the terms and conditions of the Time & Labor Solution Products and Services Contract dated May 17, 2007, the “Contract”) is made and entered into by and WorkForce Software LLC (fka Workforce Software, Inc.) (“WFS”) and the State of North Dakota, acting through its Information Technology Department in cooperation with the State Procurement Office (“Customer”).

Whereas, the parties wish to clarify, revise and amend certain terms of the Contract as set forth herein.

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

1. The content within Attachment 1, Exhibit G of Amendment #11 ‘Preapproved Third Party and Affiliate Subprocessors’ agreed upon by the parties shall be deleted and replaced with the content within Exhibit A to this Amendment #13

2. The content within Attachment 1, Exhibit C, 1.7 of Amendment #11 ‘Data Protection’ agreed upon by the parties shall be deleted and replaced with:

“1.7 Remote access to Data from outside the continental United States, including remote access to Data by authorized SaaS support staff in identified support centers, is prohibited unless approved in advance by Chief Information Officer of the State. Amendment 13, Exhibit A – Preapproved Affiliates and Subcontractors lists authorized third parties and remote locations.”

3. Any terms not defined herein shall be defined in the Contract.

4. In the event of a conflict between the Contract and this Amendment #13, this Amendment #13 shall control.

5. All other terms and conditions in the Contract remain in full force and effect.

[SIGNATURE PAGE TO FOLLOW]

DocuSign Envelope ID: B49F07FD-72E5-4D3C-BAFF-D53531EEE22E

IN WITNESS WHEREOF, the parties have executed this Amendment #13 as of the date of the last signature herein.

CUSTOMER WORKFORCE SOFTWARE LLC

Date: ___________________________ Date: ______________________________

Signature: _______________________ Signature: __________________________

Printed Name: ____________________ Printed Name: ____________________

Title: ___________________________ Title: ______________________________

CUSTOMER

Date: ___________________________

Signature: _______________________

Printed Name: ____________________

Title: ___________________________

Greg Hoffman

Director, Administrative Services

November 29, 2021

November 29, 2021

Procurement Officer II

Tricia Opp

CFO

Robert Feller

November 29, 2021

Exhibit A – Preapproved Affiliates and Subcontractors

The list below of third parties is generally applicable to all WFS customers unless specific data restrictions have been contracted. Not all of these third parties apply to all customers. For example, if your Customer Data resides in the WFS US data centers, the data centers listed in other countries are not applicable.

Notwithstanding anything herein or in any other agreement by and between the parties to the contrary, WFS may update the list below on occasion by providing thirty (30) days advance written notice (including via electronic mail) to Customer. Customer may notify WFS of its rejection, in writing, of any additional third parties within thirty (30) days after such notification, provided that any approval shall not be unreasonably withheld, conditioned, or delayed. If Customer does not notify WFS of its rejection within thirty (30) days after notification, the changes made by WFS shall be deemed accepted.

The list may be found within the WFS Customer Community here:

https://workforcesoftware.force.com/customers/s/article/Third-parties-sub-processors-who-store-or-process-customer-data https://workforcesoftware.force.com/customers/s/article/Third-parties-sub-processors-who-store-or-process-customer-data https://workforcesoftware.force.com/customers/s/article/Third-parties-sub-processors-who-store-or-process-customer-data