CherryRoad+-+Amendment+5.pdf

CONTRACT AMENDMENT

CONTRACT NAME AND NUMBER: BUDGET PLANNING AND FORECASTING SYSTEM,

#085

AMENDMENT NUMBER: 5

This Amendment is made to the Budget Planning and Forecasting System (Contract) between the State of North Dakota, acting through its North Dakota Department of Health and Human Services, Finance Division, and North Dakota Office of Management and Budget, State Procurement Office (STATE), and CherryRoad Technologies 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:

Renewal Option Contract Section 6, Term of Contract. The Contract commenced on August 29, 2019, for a period of two years with three renewal options for up to 24 months each, an extension option not to exceed 12 months and a renegotiation option.

The parties have agreed to renew the Contract for an additional 24 months; therefore, the Contract is amended to change the expiration date to August 28, 2025. The Contract has one renewal remaining.

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 required for this Contract are being amended.

Contract Section 19, Insurance. Insurance requirements are hereby amended as follows, listed by subsection:

1) Subsection a: 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 b: 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 d: 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.

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

CherryRoad Technologies Inc.

Acting through its North Dakota Department of Health and Human Services, Finance Division

BY: BY:

Printed Name: Printed Name: Chris Jones

Title: Title: Commissioner

Date: Date:

STATE OF NORTH DAKOTA

Acting through its North Dakota Office of Management and Budget, State Procurement Office

BY:

Printed Name:

Title:

Date:

Jeremy Gulban

Chief Executive Officer

08/15/2023

Tricia Opp

IT Procurement Officer

8/15/2023

Christopher Jones (Aug 15, 2023 16:23 CDT) Christopher Jones

08/15/2023 https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAaTD_4xeQ05bYVJCCDhw7kMWKwmJFm_Ks

CherryRoad - Amendment 5 - signed CRT Final Audit Report 2023-08-15

Created: 2023-08-15

By: Kyle Nelson (kylnelson@nd.gov)

Status: Signed

Transaction ID: CBJCHBCAABAAaTD_4xeQ05bYVJCCDhw7kMWKwmJFm_Ks

"CherryRoad - Amendment 5 - signed CRT" History Document created by Kyle Nelson (kylnelson@nd.gov)

2023-08-15 - 4:38:19 PM GMT

Document emailed to cdjones@nd.gov for signature

2023-08-15 - 4:38:49 PM GMT

Email viewed by cdjones@nd.gov

2023-08-15 - 9:21:45 PM GMT

Signer cdjones@nd.gov entered name at signing as Christopher Jones

2023-08-15 - 9:23:44 PM GMT

Document e-signed by Christopher Jones (cdjones@nd.gov) Signature Date: 2023-08-15 - 9:23:46 PM GMT - Time Source: server

Agreement completed.

2023-08-15 - 9:23:46 PM GMT

EXECUTION