Otis+Ed+Amendment+2024-01.pdf
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- Attached to
- IT - PowerSchool ETL and Datawarehouse
- Contract number
- 125
- Issued by
- North Dakota
About this file
This document is a Contract Amendment for the PowerSchool ETL and Data Warehouse Products and Services, Contract #125, involving the State of North Dakota, specifically its Information Technology Department and State Procurement Office, and Otis Educational Systems, Inc. as the contractor.
The amendment extends the contract term from May 10, 2024, to May 9, 2025, with two remaining renewal options available. The payment terms are updated to include pricing for specific products: Synergyz at $5,000 and MPI at $20,000, with ALM at $0. The amendment also updates insurance requirements in line with 2021 House Bill 1057, increasing liability limits and adjusting coverage for commercial general liability, automobile liability, and employer's liability. Additionally, the contract now includes a Third-Party Risk Management (TPRM) program provision, requiring the contractor to complete an annual security questionnaire unless they have specific certifications, with the requirement to provide the questionnaire within 21 calendar days of request.
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CONTRACT AMENDMENT
CONTRACT NAME AND NUMBER: PowerSchool ETL and Data Warehouse
Products and Services, #125
AMENDMENT NUMBER: 2024-001
This amendment (Amendment) is made to PowerSchool ETL and Data Warehouse Products and Services, Contract #125 (Contract) between the State of North Dakota, acting through its Information Technology Department and State Procurement Office (STATE), and Otis Educational Systems, 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 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:
Term of Contract Contract Section 2, Term of Contract. The Contract was previously renegotiated for additional term for a period from May 10, 2022 to May 9, 2024, with the ability to execute up to three (3) renewal options for a period of 12 months each.
The parties have agreed to renew the Contract for an additional 12 months; therefore, the Contract is amended to change the expiration date to May 9, 2025. The Contract has two (2) renewals remaining.
Payments Contract Section 30, Payments is hereby amended to include the following rates:
Product May 10, 2024 – May 9, 2025 Synergyz $5,000
MPI $20,000
ALM $0
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 13, Insurance. Insurance requirements are hereby amended as follows, listed by subsection:
1) Subsection 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 2, 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 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.
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 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 breach has occurred.
All other terms of the Contract remain in effect. This Contract Amendment is not effective until fully executed by all parties.
EXECUTION
CONTRACTOR
Otis Educational Systems, Inc.
BY:
Printed Name:
Title:
Date:
STATE OF NORTH DAKOTA STATE OF NORTH DAKOTA
Acting through its Information Technology Department Acting through its State Procurement Office
BY: BY:
Printed Name: Printed Name:
Title: Title:
Date: Date:
Ken Wagner Chief Operating Officer
4/19/2024
Tricia Opp
IT Procurement Officer
4/22/2024
Greg Hoffman
04/22/2024
Deputy CIO https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAACsTC2-kLKfZL1V1P7Otr8p4-5g4mafCe https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAACsTC2-kLKfZL1V1P7Otr8p4-5g4mafCe
Otis Ed Contract Final Audit Report 2024-04-22
Created: 2024-04-22
By: Tricia Opp (topp@nd.gov)
Status: Signed
Transaction ID: CBJCHBCAABAACsTC2-kLKfZL1V1P7Otr8p4-5g4mafCe
"Otis Ed Contract" History Document created by Tricia Opp (topp@nd.gov)
2024-04-22 - 1:17:07 PM GMT
Document e-signed by Tricia Opp (topp@nd.gov) Signature Date: 2024-04-22 - 1:18:27 PM GMT - Time Source: server
Document emailed to Greg Hoffman (gahoffman@nd.gov) for signature
2024-04-22 - 1:18:28 PM GMT
Email viewed by Greg Hoffman (gahoffman@nd.gov)
2024-04-22 - 1:21:43 PM GMT
Document e-signed by Greg Hoffman (gahoffman@nd.gov) Signature Date: 2024-04-22 - 1:21:55 PM GMT - Time Source: server
Agreement completed.
2024-04-22 - 1:21:55 PM GMT
EXECUTION
| 2024-04-22T06:21:57-0700 | |
| Agreement certified by Adobe Acrobat Sign |
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