Contract+Amendment+13.pdf

CONTRACT AMENDMENT

AMENDMENT 13 to Contract between the State of North Dakota, acting through its State Procurement Office, “STATE,” and Albertson Consulting, 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.

Amendment 12 added item 2. Cyber Liability and Security Insurance. After further review with OMB Risk Management and NDIT’s Third Party Risk Assessment, clause 2. Cyber Liability and Security Insurance can be reduced slightly from the minimum liability limits of not less than $5,000,000 to $2,000,000; therefore, Amendment 12 is deleted in its entirety and replaced with the following:

1. CYBER LIABILITY AND SECURITY INSURANCE

In the event CONTRACTOR will host data, or provide for the hosting of data through a third-party entity, CONTRACTOR shall secure and maintain Cyber Liability and Security Insurance or equivalent insurance product(s), with minimum liability limits of not less than $2,000,000 and first party limits of not less than $1,000,000, that will provide, without cost to the CONTRACTOR or STATE, an immediate response in the event of a data breach, including meeting all notification obligations of CONTRACTOR and STATE and in the event the data breach involves personal information as defined by N.D.C.C. § 51-30-1(4), the insurance policy shall also make available free credit monitoring for any affected individual for a minimum period of one year. CONTRACTOR shall defend, indemnify, save and hold harmless, the STATE, its officers, agents and employees from liability of any nature or kind, including costs and expenses, on account of a data breach arising from CONTRACTOR hosting, transmission, or control of data, any and all suits, claims, or damages of any character whatsoever, resulting from injuries or damages sustained by any person or persons or property by virtue of performance of this Contract.

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

CONTRACT NUMBER AND TITLE: #005 Professional Licensing Board Management System

AMENDMENT NUMBER: 13

EXECUTION

CONTRACTOR STATE OF NORTH DAKOTA

Albertson Consulting, Inc.

Acting through its Office of Management and Budget, State Procurement office

BY: BY:

Dan Albertson Tricia Opp

Title: CEO IT Procurement Officer

Date: Date: 8/22/2022