Amendment+5+-+signed.pdf

CONTRACT AMENDMENT

CONTRACT NAME AND NUMBER: Office & Educational Consumables, 200

AMENDMENT NUMBER: 5

This amendment is made to 200 – Office & Educational Consumables (Contract) between the State of North Dakota, acting through its Office of Management and Budget (STATE), and Innovative Office Solutions, LLC (CONTRACTOR).

Whereas, Contract Section 15, “Merger and Modification, Conflict in Documents,” states:

“This Contract, including the following documents, constitutes the entire agreement between the parties. There are no understandings, agreements, or representatives, oral or written, not specified within this Contract. This Contract may not be modified, supplemented, or amended, in any manner, except by written agreement signed by both parties.”

Whereas, Contract Section 3, “Term of the Contract” states:

“The term of the contract issued as a result of this solicitation will be as follows:

a. Contract Period. This Contract term (Term) begins on 5/9/2022, or its Effective Date, and ends on 4/30/2023.

b. No Automatic Renewal. This Contract will not automatically renew.

c. Extension Option. STATE reserves the right to extend this Contract for an additional period of time, not to exceed 12 months, beyond the current termination date of this contract.

d. Renewal Option. STATE may renew this Contract upon satisfactory completion of the initial Contract Term. STATE reserves the right to execute up to 5 options to renew this Contract under the same terms and conditions for a period of 12 months each.”

Whereas, Section 19 “Price Adjustment” states, “Pricing, Firm-Fixed with Adjustment upon Renewal.

Pricing shall be firm for the first year of the Contract. If a Renewal Option is being considered, the CONTRACTOR may request a price adjustment 90 days prior to the end of the contract period. After the firm-fixed period, the CONTRACTOR may submit a request for a price increase to the Procurement Officer. Requests for a price increase must include a copy of the manufacturer's official notice or other evidence that the increase or decrease is applicable to all customers. The STATE reserves the right to accept or reject, within 30 days, or cancel the contract. The CONTRACTOR shall immediately inform the STATE of any price decreases. Price changes will become effective upon execution of a contract amendment. All orders placed are to be billed at prices in effect at the time of the order, not the date the shipment is made.

Whereas, Section 3, “Special Terms and Conditions”, Subsection 5 “Contract Amendment – Unanticipated Amendment“ states, “After a binding contract has been entered into, no changes may be made, unless prior written approval has been obtained from the Purchasing Agency through execution of a contract amendment. The Contractor may request changes, such as substitutions of a product, by submitting a written request to the Procurement Officer. Unanticipated amendments must be within the scope of the original contract, authorized by the terms of the contract and due to legitimate, unforeseen circumstances. (N.D.A.C. ch. 4-12-13).

Therefore, the STATE and the CONTRACTOR agree to execute the third of 5 options to renew this Contract under the same terms and conditions for a period of 12 months. Upon execution of this Contract amendment, the Contract end date will become 4/30/2026.

Price Increase, Product Substitutions, Additions, and Deletions: Exhibit A, attached and made part of this Amendment, shows the available core items with price adjustments both parties mutually agree to.

Therefore, the contract pricing and core list are amended to reflect the new core list and pricing structure as shown in Exhibit A, effective on 5/1/2025.

The parties agree that the terms and conditions of the Contract and this Amendment govern and control the rights and obligations of the parties.

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

Innovative Office Solutions, LLC Acting through its Office of Management and Budget

BY: BY:

Printed Name: Printed Name: Abigail Dschaak

Title: Title: State Procurement Officer

Date: Date:

Brooks Smith

President & CEO

3/11/2025 3/12/2025