ECI+Contract.pdf
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- Attached to
- Radios - SIRN Radio Programming
- Contract number
- 311
- Issued by
- North Dakota
About this file
This document is a Technology Contract (#311) for SIRN Radio Programming between the state of North Dakota, acting through its Information Technology Department and Office of Management and Budget State Procurement Office, and Electronic Communications Inc., a North Dakota Sub Chapter S company located in Bismarck. The contract is a cooperative purchasing contract established under North Dakota Century Code, made available to various government entities including institutions under the State Board of Higher Education, political subdivisions, counties, cities, townships, educational entities, governmental boards and commissions, nonprofit entities, tribal agencies, transportation providers, and the International Peace Garden.
The contract covers Statewide Interoperable Radio Network (SIRN) radio programming and installation for Motorola radios, with all programming required to follow specific SIRN standards. The compensation structure includes programming at $125.00/hour, labor rate at customer's location at $125.00/hour plus $125.00/hour for drive time, and in-shop installation labor rate at $75.00/hour. The contract term runs until January 17, 2024, with no automatic renewal but with STATE having the option to execute up to three 12-month renewals upon satisfactory initial contract completion. The contract is a cooperative, non-mandatory agreement, meaning participation is voluntary and the estimated volume is not predetermined.
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Other files
| File | Type | Posted |
|---|---|---|
| 311_State+Contract+Summary.docx | DOCX document | |
| Midstates+Contract.pdf | ||
| Stones+Contract.pdf | ||
| Midstates+Amendment+2.pdf | ||
| ECI+Amendment+1.pdf | ||
| Stones+Amendment+1.pdf |
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#311 SIRN Radio Programming
TECHNOLOGY CONTRACT: #311 SIRN RADIO PROGRAMMING
1. PARTIES
The parties to this contract (Contract) are the state of North Dakota, acting through its Information Technology Department in cooperation with the Office of Management and Budget State Procurement Office (STATE), and Electronic Communications Inc., a North Dakota Sub Chapter S company incorporated in the State of North Dakota, having its principal place of business at 212 West Main, Bismarck, ND 58501 (CONTRACTOR).
2. COOPERATIVE PURCHASING CONTRACT
This contract is a cooperative purchasing contract established pursuant to North Dakota Century Code (NDCC) sections 54-44.4-13. This contract is made available to institutions under the jurisdiction of the State Board of Higher Education, other government entities (including political subdivisions, counties, cities, townships, public primary and secondary educational entities, governmental boards and commissions), nonprofit entities established on behalf of public entities, tribal agencies, transportation providers under N.D.C.C chapter 39-04.2, and the International Peace Garden. Participation in this open-ended contract is not mandated; therefore, the estimated volume of this contract is not known.
3. SCOPE OF WORK
CONTRACTOR, in exchange for the compensation paid by STATE under this Contract, shall provide Statewide Interoperable Radio Network (SIRN) radio programming and installation for Motorola radios.
All programming must follow all applicable SIRN standards. That includes, but is not limited to the following:
1.8.0 SIRN Minimum Programming Standard
2.1.0 Subscriber Radio Standards
2.4.0 Subscriber Surplus Radio Disposal
2.16.0 SIRN Subscriber Configuration File or Codeplug Development
2.17.0 SIRN Technical Staff and Maintenance Providers Training and Qualifications
4. COMPENSATION
a. Contractual Amount
The Contractual Amount shall be paid according to the Compensation Details document attached as Exhibit A.
The Contractual Amount is firm for the duration of this Contract and constitutes the entire compensation due CONTRACTOR for performance of its obligations under this Contract regardless of the difficulty, materials or equipment required, including fees, licenses, overhead, profit and all other direct and indirect costs or expenses incurred by CONTRACTOR except as provided by an amendment to this Contract.
b. Invoicing The final cost set forth on each invoice shall be equivalent to the cost for each deliverable or service as specified in the Scope of Work. CONTRACTOR shall not submit an invoice for any deliverable or service specified in the Scope of Work that STATE has not fully accepted.
http://www.legis.nd.gov/cencode/t54c44-4.pdf?20130131153805 http://www.legis.nd.gov/cencode/t39c04-2.pdf?20130131161514 https://www.ndit.nd.gov/sites/www/files/documents/technology-section/siec/1-8-0-minimum-programming-standard.pdf https://www.ndit.nd.gov/sites/www/files/documents/technology-section/siec/2-1-0-subscriber-radio-standards.pdf https://www.ndit.nd.gov/sites/www/files/documents/technology-section/siec/2-4-0-subscriber-surplus-radio-disposal.pdf https://www.ndit.nd.gov/sites/www/files/documents/technology-section/siec/2-16-0-sirn-subscriber-config-file-codeplug-dev.pdf https://www.ndit.nd.gov/sites/www/files/documents/technology-section/siec/2-17-0-sirn-tech-staff-maintenance-train.pdf http://www.legis.nd.gov/cencode/t54c44-4.pdf?20130131153805 http://www.legis.nd.gov/cencode/t39c04-2.pdf?20130131161514 https://www.ndit.nd.gov/sites/www/files/documents/technology-section/siec/1-8-0-minimum-programming-standard.pdf https://www.ndit.nd.gov/sites/www/files/documents/technology-section/siec/2-1-0-subscriber-radio-standards.pdf https://www.ndit.nd.gov/sites/www/files/documents/technology-section/siec/2-4-0-subscriber-surplus-radio-disposal.pdf https://www.ndit.nd.gov/sites/www/files/documents/technology-section/siec/2-16-0-sirn-subscriber-config-file-codeplug-dev.pdf https://www.ndit.nd.gov/sites/www/files/documents/technology-section/siec/2-17-0-sirn-tech-staff-maintenance-train.pdf
c. Payment Payment made in accordance with this Compensation section shall constitute payment in full for the services and work performed and the deliverables provided under this Contract and CONTRACTOR shall not receive any additional compensation hereunder.
STATE shall make payment under this Contract within forty-five (45) calendar days after receipt of an approved invoice.
Payment of an invoice by STATE will not prejudice STATE’s right to object to or question that or any other invoice or matter in relation thereto. CONTRACTOR's invoice will be subject to reduction for amounts included in any invoice or payment made which are determined by STATE not to constitute allowable costs, on the basis of audits conducted in accordance with the terms of this Contract. At STATE’s sole discretion, all payments shall be subject to reduction for amounts equal to prior overpayments to CONTRACTOR.
For any amounts that are or will become due and payable to STATE by CONTRACTOR, STATE reserves the right to deduct the amount owed from payments that are or will become due and payable to CONTRACTOR under this Contract.
d. Travel CONTRACTOR acknowledges travel expenses are covered by the Contractual Amount and shall not invoice STATE for travel expenses.
e. Prepayment STATE will not make any advance payments before performance by CONTRACTOR under this Contract.
f. Payment of Taxes by State STATE is not responsible for and will not pay local, state, or federal taxes. STATE sales tax exemption number is E-2001. STATE will furnish certificates of exemption upon request by
CONTRACTOR.
g. Taxpayer ID CONTRACTOR’s federal employer ID number is: 45-0362508.
h. Purchasing Card STATE may make a payment using a government credit card. CONTRACTOR will accept a government credit card without passing the processing fees for the government credit card back to STATE.
5. TERM OF CONTRACT
This Contract term (TERM) begins on its Effective Date and ends on January 17, 2024.
a. No Automatic Renewal
This Contract will not automatically renew.
b. Renewal Option
STATE may renew this Contract upon satisfactory completion of the initial Contract term.
STATE reserves the right to execute up to three (3) options to renew this Contract under the same terms and conditions for a period of twelve (12) months each.
6. TERMINATION
a. Termination by Mutual Agreement
This Contract may be terminated by mutual consent of both parties executed in writing.
b. Early Termination in the Public Interest
STATE is entering into this Contract for the purpose of carrying out the public policy of the State of North Dakota, as determined by its Governor, Legislative Assembly, Agencies, and Courts. If this Contract ceases to further the public policy of the State of North Dakota, STATE, in its sole discretion, by written notice to CONTRACTOR, may terminate this Contract in whole or in part.
c. Termination for Lack of Funding or Authority STATE, by written notice to CONTRACTOR, may terminate the whole or any part of this Contract under any of the following conditions:
1) If funding from federal, state, or other sources is not obtained and continued at levels sufficient to allow for purchase of the services or supplies in the indicated quantities or term.
2) If federal or state laws or rules are modified or interpreted in a way that the services are no longer allowable or appropriate for purchase under this Contract or are no longer eligible for the funding proposed for payments authorized by this Contract.
3) If any license, permit, or certificate required by law or rule, or by the terms of this Contract, is for any reason denied, revoked, suspended, or not renewed.
Termination of this Contract under this subsection is without prejudice to any obligations or liabilities of either party already accrued prior to termination.
d. Termination for Cause.
STATE may terminate this Contract effective upon delivery of written notice to CONTRACTOR, or any later date stated in the notice:
1) If CONTRACTOR fails to provide services required by this Contract within the time specified or any extension agreed to by STATE; or
2) If CONTRACTOR fails to perform any of the other provisions of this Contract, or so fails to pursue the work as to endanger performance of this Contract in accordance with its terms.
The rights and remedies of STATE provided in this subsection are not exclusive and are in addition to any other rights and remedies provided by law or under this Contract.
7. SUSPENSION FOR CONVENIENCE
STATE shall have the right at any time to order the services of CONTRACTOR fully or partially stopped for STATE’s own convenience. STATE shall provide CONTRACTOR written notice of the reason for and duration of the suspension. The schedule shall be delayed on a day-for-day basis to the extent STATE has issued a stop work order to CONTRACTOR and such stop work order is causing delays in completing services in accordance with the schedule. CONTRACTOR shall have the right to submit claims in accordance with the terms of this Contract as a result of stop work orders issued under this section.
8. FORCE MAJEURE
Neither party shall be held responsible for delay or default caused by fire, riot, terrorism, acts of God or war if the event is beyond the party’s reasonable control and the affected party gives notice to the other party promptly upon occurrence of the event causing the delay or default or that is reasonably expected to cause a delay or default.
9. INJUNCTIVE RELIEF
CONTRACTOR shall immediately report to STATE any and all unauthorized disclosures or uses of STATE’s confidential information or proprietary information of which CONTRACTOR or its staff is aware or has knowledge. CONTRACTOR acknowledges that any unauthorized publication or disclosure of STATE’s confidential information or proprietary information to others may cause immediate and irreparable harm to STATE. If CONTRACTOR should publish or disclose such confidential information or proprietary information without authorization, STATE shall immediately be entitled to injunctive relief or any other remedies to which it is entitled under law or equity without requiring a cure period. CONTRACTOR shall indemnify, defend, and hold harmless STATE from all damages, costs, liabilities, and expenses (including without limitation reasonable attorneys’ fees) caused by or arising from CONTRACTOR’s unauthorized use or disclosure of STATE’s confidential information or proprietary information. As a condition to these indemnity obligations, STATE will provide CONTRACTOR with prompt notice of any claim of which STATE is aware and for which indemnification shall be sought under this Contract and shall cooperate in all reasonable respects with CONTRACTOR in connection with any such claim.
10. RIGHT OF SETOFF DAMAGES
Amounts due STATE by CONTRACTOR, including liquidated or other damages, or claims for damages, may be deducted or set-off by STATE from any money payable to CONTRACTOR pursuant to this Contract.
11. RIGHT TO WITHHOLD AMOUNTS OTHERWISE DUE IF THE CONTRACTOR IS IN BREACH
If CONTRACTOR fails to deliver Deliverables or to provide Services which satisfy CONTRACTOR’s obligations under this Contract, STATE shall have the right to withhold any and all payments due under this Contract. STATE may withhold any and all such payments due under this Contract to CONTRACTOR without penalty or work stoppage by CONTRACTOR, until such failure to perform is cured.
12. RIGHT TO REMEDIES AND CUMULATION OF RIGHTS
No remedy conferred by any of the specific provisions of this Contract is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given under this Contract, now or in the future existing at law or in equity or by statute or otherwise.
13. NON-WAIVER
Either party’s failure to exercise any of its rights under this Contract, its delay in enforcing any right, or its waiver of its rights on any occasion, shall not constitute a waiver of such rights on any other occasion. No course of dealing by either party in exercising any of its rights shall constitute a waiver thereof. No waiver of any provision of this Contract shall be effective unless it is in writing and signed by the party against whom the waiver is sought to be enforced.
14. INDEMNIFICATION
CONTRACTOR agrees to defend, indemnify, and hold harmless the state of North Dakota, its agencies, officers and employees (State), from and against claims based on the vicarious liability of the State or its agents, but not against claims based on the State’s contributory negligence, comparative and/or contributory negligence or fault, sole negligence, or intentional misconduct. This obligation to defend, indemnify, and hold harmless does not extend to professional liability claims arising from professional errors and omissions. The legal defense provided by CONTRACTOR to the State under this provision must be free of any conflicts of interest, even if retention of separate legal counsel for the State is necessary. Any attorney appointed to represent the State must first qualify as and be appointed by the North Dakota Attorney General as a Special Assistant Attorney General as required under N.D.C.C. § 54-12-08. CONTRACTOR also agrees to reimburse the State for all costs, expenses and attorneys' fees incurred if the State prevails in an action against CONTRACTOR in establishing and litigating the indemnification coverage provided herein. This obligation shall continue after the termination of this Contract.
15. INTELLECTUAL PROPERTY INFRINGEMENT INDEMNIFICATION
a. CONTRACTOR, at its own expense, shall defend and indemnify STATE against claims that products furnished under this Contract infringe a United States patent or copyright or misappropriate trade secrets protected under United States law.
CONTRACTOR’S obligation shall not extend to a claim based on any alleged infringement arising from any: (a) additions, changes, or modifications to the services by or on behalf of STATE; (b) incorporation of the services or any component thereof into any other product or process; or (c) use of the services other than as permitted by this Contract.
b. As to any product which is subject to a claim of infringement or misappropriation, CONTRACTOR may (a) obtain the right of continued use of the product for STATE or (b) replace or modify the product to avoid the claim. If neither alternative is available on commercially reasonable terms then, at the request of CONTRACTOR, any applicable Software license and its charges will end, STATE will stop using the product, and will return the product to CONTRACTOR. Upon return of the product, CONTRACTOR will give STATE a credit for the price paid to CONTRACTOR, less a reasonable offset for use and obsolescence.
16. REPRESENTATIONS AND WARRANTIES
CONTRACTOR represents and warrants to STATE that neither CONTRACTOR, in connection with performing the services in performance of this Contract, nor the completed product delivered by CONTRACTOR, will infringe any patent, copyright, trademark, trade secret or other proprietary right of any person. CONTRACTOR further represents and warrants to STATE that it will not use any trade secrets or confidential or proprietary information owned by any third party in performing the services related to this Contract or in delivery of the completed product unless CONTRACTOR has the authority to license, use or provide those trade secrets or confidential or proprietary information to STATE. CONTRACTOR further represents and warrants to STATE that neither CONTRACTOR nor any other company or individual performing services pursuant to this Contract is under any obligation to assign or give any work done under this Contract to any third party.
17. INSURANCE
CONTRACTOR shall secure and keep in force during the term of this Contract and CONTRACTOR shall require all subcontractors, prior to commencement of an agreement between CONTRACTOR and the subcontractor, to secure and keep in force during the term of this CONTRACT, from insurance companies, government self-insurance pools or government self-retention funds, authorized to do business in North Dakota, the following insurance coverages:
a. Commercial general liability, including premises or operations, contractual, and products or completed operations coverages (if applicable), with minimum liability limits of $1,000,000 per occurrence
b. Automobile liability, including Owned (if any), Hired, and Non-Owned automobiles, with minimum liability limits of $250,000 per person and $1,000,000 per occurrence
c. Workers compensation coverage meeting all statutory requirements. The policy shall provide coverage for all states of operation that apply to the performance of this Contract
d. Employer’s liability or “stop gap” insurance of not less than $1,000,000 as an endorsement on the workers compensation or commercial general liability insurance
e. Professional errors and omissions with minimum limits of $1,000,000 per claim and in the aggregate, CONTRACTOR shall continuously maintain such coverage during the Contract period and for three years thereafter. In the event of a change or cancellation of coverage, CONTRACTOR shall purchase an extended reporting period to meet the time periods required in this section.
The insurance coverages listed above must meet the following additional requirements:
a. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the CONTRACTOR.
b. This insurance may be in policy or policies of insurance, primary and excess, including the so-called umbrella or catastrophe form and must be placed with insurers rated “A-” or better by A.M. Best Company, Inc., provided any excess policy follows form for coverage. Less than an “A-” rating must be approved by the State. The policies shall be in form and terms approved by the State.
c. The duty to defend, indemnify, and hold harmless the State under this agreement shall not be limited by the insurance required in this agreement.
d. The state of North Dakota and its agencies, officers, and employees (State) shall be endorsed on the commercial general liability policy, including any excess policies (to the extent applicable), as additional insured. The State shall have all the benefits, rights and coverages of an additional insured under these policies that shall not be limited to the minimum limits of insurance required by this agreement or by the contractual indemnity obligations of the
CONTRACTOR.
e. A Waiver of Subrogation” waiving any right to recovery the insurance company may have against the State.
f. CONTRACTOR shall furnish a certificate of insurance to the undersigned STATE representative prior to commencement of this agreement. All endorsements shall be provided as soon as practicable.
g. Failure to provide insurance as required in this agreement is a material breach of contract entitling STATE to terminate this agreement immediately.
h. CONTRACTOR shall provide at least 30 day notice of any cancellation or material change to the policies or endorsements. CONTRACTOR shall provide on an ongoing basis, current certificates of insurance during the term of the Contract. A renewal certificate will be provided 10 days prior to coverage expiration. An updated, current certificate of insurance shall be provided in the event of any change to a policy.
18. NOTICE
All notices or other communications required under this Contract must be given by registered or certified mail and are complete on the date postmarked when addressed to the parties at the following addresses:
STATE CONTRACTOR
Greg Hoffman Marshall Pudwill Deputy CIO President 4201 Normandy Street 212 West Main Bismarck, ND 58503 Bismarck, ND 58501
Notice provided under this provision does not meet the notice requirements for monetary claims against STATE found at N.D.C.C § 32-12.2-04.
19. CONFIDENTIALITY
CONTRACTOR shall not use or disclose any information it receives from STATE under this Contract that STATE has previously identified as confidential or exempt from mandatory public disclosure except as necessary to carry out the purposes of this Contract or as authorized in advance by STATE. STATE shall not disclose any information it receives from CONTRACTOR that CONTRACTOR has previously identified as confidential and that STATE determines in its sole discretion is protected from mandatory public disclosure under a specific exception to the North Dakota public records law, N.D.C.C. ch. 44-04. The duty of STATE and CONTRACTOR to maintain confidentiality of information under this section continues beyond the Term of this Contract.
20. COMPLIANCE WITH PUBLIC RECORDS LAWS
Under the North Dakota public records law and subject to the Confidentiality clause of this Contract, certain records may be open to the public upon request.
Public records may include: (a) records STATE receives from CONTRACTOR under this Contract,
(b) records obtained by either Party under this Contract, and (c) records generated by either Party under this Contract.
CONTRACTOR agrees to contact STATE immediately upon receiving a request for information under the public records law and to comply with STATE’s instructions on how to respond to such request.
21. INDEPENDENT ENTITY
CONTRACTOR is an independent entity under this Contract and is not a STATE employee for any purpose, including the application of the Social Security Act, the Fair Labor Standards Act, the Federal Insurance Contribution Act, the North Dakota Unemployment Compensation Law and the North Dakota Workforce Safety and Insurance Act. CONTRACTOR retains sole and absolute discretion in the manner and means of carrying out CONTRACTOR’s activities and responsibilities under this Contract, except to the extent specified in this Contract.
http://www.legis.nd.gov/cencode/t32c12-2.pdf http://www.legis.nd.gov/cencode/t44c04.pdf http://www.legis.nd.gov/cencode/t32c12-2.pdf http://www.legis.nd.gov/cencode/t44c04.pdf
22. ASSIGNMENT AND SUBCONTRACTS
CONTRACTOR may not assign or otherwise transfer or delegate any right or duty without STATE’s express written consent, provided, however, that CONTRACTOR may assign its rights and obligations under this Contract in the event of a change of control or sale of all or substantially all of its assets related to this Contract, whether by merger, reorganization, operation of law, or otherwise.
Should Assignee be a business or entity with whom STATE is prohibited from conducting business, STATE shall have the right to terminate without cause.
CONTRACTOR may enter into subcontracts provided that any subcontract acknowledges the binding nature of this Contract and incorporates this Contract, including any attachments. CONTRACTOR is solely responsible for the performance of any subcontractor with whom CONTRACTOR contracts.
CONTRACTOR does not have authority to contract for or incur obligations on behalf of STATE.
23. SPOLIATION – NOTICE OF POTENTIAL CLAIMS
CONTRACTOR shall promptly notify STATE of all potential claims that arise or result from this Contract. CONTRACTOR shall also take all reasonable steps to preserve all physical evidence and information that may be relevant to the circumstances surrounding a potential claim, while maintaining public safety, and grants to STATE the opportunity to review and inspect such evidence, including the scene of an accident.
24. MERGER AND MODIFICATION, CONFLICT IN DOCUMENTS
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.
25. UNANTICIPATED AMENDMENTS
If additional work is required within the scope of this Contract due to a legitimate unforeseen circumstance, STATE shall provide CONTRACTOR a written description of the additional work and request CONTRACTOR to submit a proposal for accomplishing the scope of work. CONTRACTOR will not commence additional work until all parties agree in writing.
26. SEVERABILITY
If any term of this Contract is declared to be illegal or unenforceable by a court having competent jurisdiction, the validity of the remaining terms is unaffected and, if possible, the rights and obligations of the parties are to be construed and enforced as if this Contract did not contain that term.
27. APPLICABLE LAW AND VENUE
This Contract is governed by and construed in accordance with the laws of the State of North Dakota. Any action to enforce this Contract must be adjudicated exclusively in the state District Court of Burleigh County, North Dakota. Each party consents to the exclusive jurisdiction of such court and waives any claim of lack of jurisdiction or forum non conveniens.
28. ALTERNATIVE DISPUTE RESOLUTION – JURY TRIAL
By entering into this Contract, STATE does not agree to binding arbitration, mediation, or any other form of mandatory Alternative Dispute Resolution. The parties may enforce the rights and remedies in judicial proceedings. STATE does not waive any right to a jury trial.
29. ATTORNEY FEES AND COSTS
In the event a lawsuit is instituted by STATE to obtain performance under this Contract, and STATE is the prevailing party, CONTRACTOR shall, except when prohibited by N.D.C.C. § 28-26-04, pay STATE’s reasonable attorney fees and costs in connection with the lawsuit.
30. NONDISCRIMINATION - COMPLIANCE WITH LAWS
CONTRACTOR agrees to comply with all applicable federal and state laws, rules, and policies, including those relating to nondiscrimination, accessibility and civil rights. (See N.D.C.C. Title 34 – Labor and Employment, specifically N.D.C.C. ch. 34-06.1 Equal Pay for Men and Women.)
CONTRACTOR agrees to timely file all required reports, make required payroll deductions, and timely pay all taxes and premiums owed, including sales and use taxes, unemployment compensation and workers' compensation premiums. CONTRACTOR shall have and keep current at all times during the Term of this Contract all licenses and permits required by law.
CONTRACTOR’s failure to comply with this section may be deemed a material breach by CONTRACTOR entitling STATE to terminate in accordance with the Termination for Cause section of this Contract.
31. STATE AUDIT
All records, regardless of physical form, and the accounting practices and procedures of CONTRACTOR relevant to this Contract are subject to examination by the North Dakota State Auditor, the Auditor’s designee, or Federal auditors, if required. CONTRACTOR shall maintain all of these records for at least three (3) years following completion of this Contract and be able to provide them upon reasonable notice. STATE, State Auditor, or Auditor’s designee shall provide reasonable notice to CONTRACTOR prior to conducting examination.
32. F.O.B. POINT AND FREIGHT
All commodities purchased through this Contract shall be Free on Board (“F.O.B.”) final destination, freight prepaid. Unless specifically stated otherwise, all prices offered must include the delivery costs to any location within the state of North Dakota. Title shall pass to STATE at destination, and the vendor shall be responsible for any freight claims.
33. EFFECTIVENESS OF CONTRACT
This Contract is not effective until fully executed by all parties. If no start date is specified in the Term of Contract, the most recent date of the signatures of the parties shall be the Effective Date.
CONTRACTOR STATE OF NORTH DAKOTA
Electronic Communications Acting through its Information Technology Department
BY: BY:
Printed Name: Marshall Pudwill Printed Name: Greg Hoffman
Title: President Title: Deputy CIO
Date: Date: 05/25/2022 05/25/2022 http://www.legis.nd.gov/cencode/t28c26.pdf http://www.legis.nd.gov/cencode/t34c01.pdf http://www.legis.nd.gov/cencode/t34c01.pdf http://www.legis.nd.gov/cencode/t34c06-1.pdf http://www.legis.nd.gov/cencode/t28c26.pdf http://www.legis.nd.gov/cencode/t34c01.pdf http://www.legis.nd.gov/cencode/t34c01.pdf http://www.legis.nd.gov/cencode/t34c06-1.pdf https://adobecancelledaccountschannel.na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAqTIWenmWaZRrs0oqFCiz8zG-nplq7Q5T https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAqTIWenmWaZRrs0oqFCiz8zG-nplq7Q5T
STATE OF NORTH DAKOTA
Acting through its Office of Management and Budget State Procurement Office
BY:
Printed Name: Tricia Opp
Title: IT Procurement Officer
Date:
05/25/2022 https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAqTIWenmWaZRrs0oqFCiz8zG-nplq7Q5T
EXHIBIT A – Compensation Details
1. PROGRAMMING COSTS:
The costs for the programming are as follows:
a. Programming: $125.00/hour
b. Labor Rate at customer’s location is $125.00/hour plus $125.00/hour for drive time
c. Labor rate for in shop for installation is $75.00/hour
311-SIRN Radio Programming Contract-ECI-
FINAL
Final Audit Report 2022-05-25
Created: 2022-05-25
By: Brandy Peterson (blpeterson@nd.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAqTIWenmWaZRrs0oqFCiz8zG-nplq7Q5T
"311-SIRN Radio Programming Contract-ECI-FINAL" History Document created by Brandy Peterson (blpeterson@nd.gov)
2022-05-25 - 4:22:41 PM GMT
Document emailed to Marshall Pudwill (marshall@ecisystems.com) for signature
2022-05-25 - 4:26:18 PM GMT
Email viewed by Marshall Pudwill (marshall@ecisystems.com)
2022-05-25 - 4:41:51 PM GMT
Document e-signed by Marshall Pudwill (marshall@ecisystems.com) Signature Date: 2022-05-25 - 8:07:24 PM GMT - Time Source: server
Document emailed to Tricia Opp (topp@nd.gov) for signature
2022-05-25 - 8:07:26 PM GMT
Email viewed by Tricia Opp (topp@nd.gov)
2022-05-25 - 8:11:02 PM GMT
Document e-signed by Tricia Opp (topp@nd.gov) Signature Date: 2022-05-25 - 8:11:15 PM GMT - Time Source: server
Document emailed to Greg Hoffman (gahoffman@nd.gov) for signature
2022-05-25 - 8:11:17 PM GMT
Email viewed by Greg Hoffman (gahoffman@nd.gov) 2022-05-25 - 9:56:49 PM GMT- IP address: 104.47.64.254
Document e-signed by Greg Hoffman (gahoffman@nd.gov) Signature Date: 2022-05-25 - 9:56:56 PM GMT - Time Source: server- IP address: 165.234.248.3
Agreement completed.
2022-05-25 - 9:56:56 PM GMT
| TECHNOLOGY CONTRACT: #311 SIRN RADIO PROGRAMMING |
| 1. Parties |
| 2. COOPERATIVE PURCHASING CONTRACT |
| 3. Scope of Work |
| 4. Compensation |
| a. Contractual Amount |
| b. Invoicing |
| c. Payment |
| d. Travel |
| e. Prepayment |
| f. Payment of Taxes by State |
| g. Taxpayer ID |
| h. Purchasing Card |
| 5. Term of Contract |
| a. No Automatic Renewal |
| b. Renewal Option |
| 6. Termination |
| a. Termination by Mutual Agreement |
| b. Early Termination in the Public Interest |
| c. Termination for Lack of Funding or Authority |
| 1) If funding from federal, state, or other sources is not obtained and continued at levels sufficient to allow for purchase of the services or supplies in the indicated quantities or term. |
| 2) If federal or state laws or rules are modified or interpreted in a way that the services are no longer allowable or appropriate for purchase under this Contract or are no longer eligible for the funding proposed for payments authorized by this Cont... |
| 3) If any license, permit, or certificate required by law or rule, or by the terms of this Contract, is for any reason denied, revoked, suspended, or not renewed. |
| d. Termination for Cause. |
| 1) If CONTRACTOR fails to provide services required by this Contract within the time specified or any extension agreed to by STATE; or |
| 2) If CONTRACTOR fails to perform any of the other provisions of this Contract, or so fails to pursue the work as to endanger performance of this Contract in accordance with its terms. |
| 7. Suspension for Convenience |
| 8. Force Majeure |
| 9. Injunctive Relief |
| 10. Right of Setoff Damages |
| 11. Right to Withhold Amounts Otherwise Due if the Contractor is in Breach |
| 12. Right to Remedies AND CUMULATION OF RIGHTS |
| 13. Non-Waiver |
| 14. Indemnification |
| 15. Intellectual Property Infringement Indemnification |
| a. CONTRACTOR, at its own expense, shall defend and indemnify STATE against claims that products furnished under this Contract infringe a United States patent or copyright or misappropriate trade secrets protected under United States law. |
| CONTRACTOR’S obligation shall not extend to a claim based on any alleged infringement arising from any: (a) additions, changes, or modifications to the services by or on behalf of STATE; (b) incorporation of the services or any component thereof into ... |
| b. As to any product which is subject to a claim of infringement or misappropriation, CONTRACTOR may (a) obtain the right of continued use of the product for STATE or (b) replace or modify the product to avoid the claim. If neither alternative is avai... |
| 16. Representations and Warranties |
| 17. Insurance |
| a. Commercial general liability, including premises or operations, contractual, and products or completed operations coverages (if applicable), with minimum liability limits of $1,000,000 per occurrence |
| b. Automobile liability, including Owned (if any), Hired, and Non-Owned automobiles, with minimum liability limits of $250,000 per person and $1,000,000 per occurrence |
| c. Workers compensation coverage meeting all statutory requirements. The policy shall provide coverage for all states of operation that apply to the performance of this Contract |
| d. Employer’s liability or “stop gap” insurance of not less than $1,000,000 as an endorsement on the workers compensation or commercial general liability insurance |
| e. Professional errors and omissions with minimum limits of $1,000,000 per claim and in the aggregate, CONTRACTOR shall continuously maintain such coverage during the Contract period and for three years thereafter. In the event of a change or cancella... |
| a. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the CONTRACTOR. |
| b. This insurance may be in policy or policies of insurance, primary and excess, including the so-called umbrella or catastrophe form and must be placed with insurers rated “A-” or better by A.M. Best Company, Inc., provided any excess policy follows ... |
| c. The duty to defend, indemnify, and hold harmless the State under this agreement shall not be limited by the insurance required in this agreement. |
| d. The state of North Dakota and its agencies, officers, and employees (State) shall be endorsed on the commercial general liability policy, including any excess policies (to the extent applicable), as additional insured. The State shall have all the ... |
| e. A Waiver of Subrogation” waiving any right to recovery the insurance company may have against the State. |
| f. CONTRACTOR shall furnish a certificate of insurance to the undersigned State representative prior to commencement of this agreement. All endorsements shall be provided as soon as practicable. |
| g. Failure to provide insurance as required in this agreement is a material breach of contract entitling STATE to terminate this agreement immediately. |
| h. CONTRACTOR shall provide at least 30 day notice of any cancellation or material change to the policies or endorsements. CONTRACTOR shall provide on an ongoing basis, current certificates of insurance during the term of the Contract. A renewal certi... |
| 18. Notice |
| 19. Confidentiality |
| 20. Compliance with Public Records laws |
| 21. Independent Entity |
| 22. Assignment and Subcontracts |
| 23. Spoliation – Notice of Potential Claims |
| 24. Merger and Modification, Conflict in Documents |
| 25. Unanticipated Amendments |
| 26. Severability |
| 27. Applicable Law and Venue |
| 28. Alternative Dispute Resolution – Jury Trial |
| 29. Attorney Fees and Costs |
| 30. Nondiscrimination - Compliance with Laws |
| 31. State Audit |
| 32. F.O.B. Point and Freight |
| 33. Effectiveness of Contract |
| EXHIBIT A – Compensation Details |
| 1. programming costs: |
| a. Programming: $125.00/hour |
| b. Labor Rate at customer’s location is $125.00/hour plus $125.00/hour for drive time |
| c. Labor rate for in shop for installation is $75.00/hour |
| 2022-05-25T14:56:58-0700 | |
| Agreement certified by Adobe Acrobat Sign |
File details come from the government source that posted it. Updated .