NCGA+Amendment+3+Signed.pdf
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- Contract number
- 504-NORT
- Issued by
- North Dakota
About this file
Amendment No. 3 is a contract amendment between the State of North Dakota, acting through its North Dakota Oilseed Council, and the Northern Canola Growers Association, Inc. The amendment modifies Contract No. 504, an existing agreement for oilseed-related services.
The amendment outlines the contractor's scope of services for the 2025 contract year, including domestic promotion of canola oil, organizing canola grower meetings and research plot tours, maintaining a canola information website, conducting canola research, and providing various reporting requirements. The total compensation for these services is $1,050,000, to be paid in three installments of $350,000 each on 2-1-2025, 5-1-2025, and 8-1-2025. The state reserves the right to renew the contract for up to two additional 12-month periods. The contractor is prohibited from using funds for lobbying and must acknowledge the state's contribution in publications. The amendment was signed by both parties on 12/14/24, with Barry Coleman as Executive Director for the Northern Canola Growers Association and Jon Wert as ND Oilseed Council Chairman.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| NCGA+Amendment+1+Signed+12-14-2022.pdf | ||
| 504_State+Contract+Summary.docx | DOCX document | |
| Oilseed+NCGA+Contract+Signed+12-29-2021.pdf | ||
| Canola+2024.pdf |
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Text version
CONTRACT AMENDMENT
CONTRACT NUMBER AND TITLE: 504 – Oilseed Association Contract – Northern Canola Growers Association, Inc.
AMENDMENT NUMBER: 3
AMENDMENT No. 3 to Contract between the State of North Dakota, acting through its North Dakota Oilseed Council, (STATE), and Northern Canola Growers Association, Inc., (CONTRACTOR).
Whereas, Section 6, Renewal, subsection a. Renewal Option states: “State may renew this Contract upon satisfactory completion of the initial contract term. State reserves the right to execute up to five (5) options to renew this Contract under the same terms and conditions for a period of twelve
(12) months each[]”; and, Whereas, Section 7, Merger and Modification states: “This contract constitutes the entire agreement between the parties. There are no understandings, agreements, or representations, 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[]”; and, Therefore, the parties agree to the following terms and conditions and expressly agree that if any of the following terms and conditions conflict with the terms and conditions of the Contract, then, notwithstanding any term in the Contract, the following terms and conditions of Amendment No.
1 govern and control the rights and obligations of the parties. All terms and conditions of the Contract that are not specifically addressed in Amendment No. 3 remain in full force and affect.
The Contract is amended as follows:
1. SCOPE OF SERVICE
For the 2025 Contract year, the Scope of Services shall be as follows:
CONTRACTOR, in exchange for the compensation paid by the STATE under Amendment No. 1 to the Contract, shall provide the following services:
a. Domestic Promotion. CONTRACTOR shall conduct domestic promotion programs for canola oil to increase demand and canola recognition with dieticians, food media, consumers and the biodiesel industry with the goal of increasing awareness of the positive health benefits of canola among US consumers and thereby increasing consumption of canola oil. CONTRACTOR shall also conduct promotion programs that increase demand and canola recognition in the biodiesel industry. Of the total compensation under this contract, CONTRACTOR shall expend no more than $350,000.00 for this service. CONTRACTOR shall, if requested by STATE, provide STATE a written report on the work described above.
b. Meetings and Presentations. CONTRACTOR shall organize a winter canola grower meeting in Langdon and two summer canola research plot tours, one in Minot and one in Langdon and up to three canola disease management workshops in the northern tier counties of North Dakota. CONTRACTOR shall also make
CONTRACT NUMBER AND TITLE: 504 – Oilseed Association Contract - Northern Canola Growers Association, Inc.
AMENDMENT NUMBER: 3
canola presentations as requested by grower groups at grower meetings across the region. At these meetings and tours, CONTRACTOR shall provide information on new technologies, hybrids, weed control products, and other related production tools. Of the total compensation under this contract, CONTRACTOR shall expend no more than $70,000 for this service. CONTRACTOR shall, if requested by STATE, provide STATE a written report on the work described above.
c. Provide Website. CONTRACTOR shall operate and maintain a canola information website at www.northerncanola.com. On the website CONTRACTOR shall provide a wide array of information to producers, the trade, customers, and the general public on canola research, education, prices, promotion, and transportation issues. Of the total compensation under this contract, CONTRACTOR shall expend no more than $50,000 for this service.
d. Research. CONTRACTOR shall conduct, or enter into contracts with third parties to conduct, canola research that benefits the region’s canola producers. “Canola research” means, in general, scientific research conducted on canola or canola seed, or canola diseases or pests that affect or pesticides used on canola, the purpose of such research is intended to provide benefits to North Dakota canola producers through improved product markets, disease and pest control or resistance and improved seed varieties. CONTRACTOR shall enter into contracts with third parties to conduct production research to solve canola production problems and increase yield. CONTRACTOR shall enter into contracts with third parties to conduct: production research to solve canola production problems and increase yield and research intended to add value to or create new end uses for canola. Of the total compensation under this contract, CONTRACTOR shall expend no more than $580,000 for this service. CONTRACTOR shall require all research supported with funds provided under this contract to write and submit to CONTRACTOR a full report on the research and its results, and shall, if requested by STATE, provide STATE a copy of all such reports. CONTRACTOR shall also, if requested by STATE, provide STATE a written report on the work described above.
f. No Lobbying. CONTRACTOR shall not spend any funds provided under this contract on legislative representation or lobbying in the United States Congress or the North Dakota Legislative Assembly.
g. Provide Audit Report. CONTRACTOR shall provide an annual audit report to
STATE that fully and accurately accounts for all money received and spent under this contract. The audit report is due March 1, 2025. This obligation survives the term of this contract or any termination of the contract prior to its stated term.
h. Provide Meeting Minutes. CONTRACTOR shall promptly furnish the STATE with minutes of all CONTRACTOR board meetings.
CONTRACT NUMBER AND TITLE: 504 – Oilseed Association Contract - Northern Canola Growers Association, Inc.
AMENDMENT NUMBER: 3
i. Acknowledge STATE. CONTRACTOR shall recognize the STATE’S affiliation and contribution on publications to growers.
3. COMPENSATION
a. STATE shall pay for the services provided under this contract by CONTRACTOR no more than $1,050,000.00. CONTRACTOR shall be paid in three installments under the following schedule:
Installment Date Amount
1 by 2-1-2025 $350,000.00 2 by 5-1-2025 $350,000.00 3 by 8-1-2025 $350,000.00
6. RENEWAL
a. Renewal Option State may renew this Contract upon satisfactory completion of the initial contract term. State reserves the right to execute up to two (2) options to renew this Contract under the same terms and conditions for a period of twelve (12) months each.
CONTRACT NUMBER AND TITLE: 504 – Oilseed Association Contract - Northern Canola Growers Association, Inc.
AMENDMENT NUMBER: 3
EFFECTIVENESS OF AMENDMENT NO. 3
Amendment No. 3 takes effect when fully executed by both parties.
EXECUTION
CONTRACTOR NAME
Northern Canola Growers Association, Inc.
PRINTED NAME:
SIGNATURE:
TITLE:
DATE:
STATE OF NORTH DAKOTA acting through its North Dakota Oilseed Council
PRINTED NAME:
SIGNATURE:
TITLE:
DATE:
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