Amendment+3_Guidehouse_SIGNED.pdf
PDF 252 KB Posted
- Attached to
- Business and IT Strategic Assessments
- Contract number
- 146
- Issued by
- North Dakota
About this file
This document is a Contract Amendment (Amendment Number 3) for Strategic Assessments #146, involving the State of North Dakota's Information Technology Department and Office of Management and Budget, State Procurement Office (OMB SPO), in conjunction with Guidehouse Inc. as the contractor. The amendment was executed and signed by representatives from Guidehouse Inc. and the State of North Dakota between October 19-22, 2023.
The primary purpose of this amendment is to add a new Section 38 on Limitation of Liability to the existing contract, which caps the total liability of Guidehouse Inc. and its affiliates at two times the total fees paid under the Statement of Work (SOW) in the preceding twelve months. The amendment specifically outlines exceptions to this liability limitation, such as cases involving fraud, confidentiality breaches, tangible property damage, or personal injury. The amendment does not modify the core goods or services of the original contract, but instead clarifies legal terms related to potential financial responsibilities and risk mitigation for both parties.
View the file
Other files
Show all 33
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
CONTRACT AMENDMENT
CONTRACT NAME AND NUMBER: STRATEGIC ASSESSMENTS #146
AMENDMENT NUMBER: 3
This amendment is made to Strategic Assessments #146 (Contract) between the State of North Dakota, acting through its Information Technology Department (STATE) in conjunction with the Office of Management and Budget, State Procurement Office (OMB SPO), and Guidehouse 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:
The following section is ADDED to the Contract:
38. Limitation on Liability: The total liability of CONTRACTOR and its affiliates, directors, officers, employees, subcontractors, agents and representatives for all claims that may be limited under N.D.C.C. § 32-12.2-15 and arising out of this SOW, whether in contract, tort or otherwise, shall be limited to the two (2) times the total fees paid to CONTRACTOR under this SOW in the preceding twelve (12) months. Neither CONTRACTOR nor STATE shall in any event be liable for any indirect, consequential or punitive damages, even if CONTRACTOR or STATE have been advised of the possibility of such damages. The foregoing limitations shall not apply to loss to STATE resulting from (i) fraud or other intentional or willful misconduct, (ii) breach of confidentiality obligations (a “Confidentiality Breach”), (iii) loss resulting from tangible property damage or (iv) personal injury pursuant to N.D.C.C. § 32-12.2-15(4).
Contract Section 38 Effectiveness of Contract is hereby renumbered as Section 39.
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
Guidehouse Inc. Acting through its Information Technology Department
BY: BY:
Printed Name: Jeff Bankowski Printed Name: Greg Hoffman
Title: Partner Title: Deputy CIO
Date: Date:
STATE OF NORTH DAKOTA
Acting through its Office of Management and Budget, State Procurement Office
BY:
Angie Scherbenske
IT Procurement Officer
Date:
10/19/2023
10/20/2023
10/22/2023 https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAykDnV3RTBsYcOZ-8G8pGC0WGNbDllG3C https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAykDnV3RTBsYcOZ-8G8pGC0WGNbDllG3C https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAykDnV3RTBsYcOZ-8G8pGC0WGNbDllG3C
Contract Amendment 3-Guidehouse Final Audit Report 2023-10-22
Created: 2023-10-19
By: Brandy Bentley (blbentley@nd.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAykDnV3RTBsYcOZ-8G8pGC0WGNbDllG3C
"Contract Amendment 3-Guidehouse" History Document created by Brandy Bentley (blbentley@nd.gov)
2023-10-19 - 8:42:49 PM GMT
Document emailed to jbankowski@guidehouse.com for signature
2023-10-19 - 8:44:15 PM GMT
Email viewed by jbankowski@guidehouse.com
2023-10-19 - 8:48:18 PM GMT
Signer jbankowski@guidehouse.com entered name at signing as Jeff Bankowski
2023-10-19 - 9:09:14 PM GMT
Document e-signed by Jeff Bankowski (jbankowski@guidehouse.com) Signature Date: 2023-10-19 - 9:09:16 PM GMT - Time Source: server
Document emailed to Angie Scherbenske (ankscherben@nd.gov) for signature
2023-10-19 - 9:09:17 PM GMT
Email viewed by Angie Scherbenske (ankscherben@nd.gov)
2023-10-20 - 12:12:04 PM GMT
Document e-signed by Angie Scherbenske (ankscherben@nd.gov) Signature Date: 2023-10-20 - 12:14:26 PM GMT - Time Source: server
Document emailed to Greg Hoffman (gahoffman@nd.gov) for signature
2023-10-20 - 12:14:28 PM GMT
Email viewed by Greg Hoffman (gahoffman@nd.gov)
2023-10-22 - 9:34:13 PM GMT
Document e-signed by Greg Hoffman (gahoffman@nd.gov) Signature Date: 2023-10-22 - 9:34:38 PM GMT - Time Source: server
Agreement completed.
2023-10-22 - 9:34:38 PM GMT
EXECUTION
| 2023-10-22T14:34:40-0700 | |
| Agreement certified by Adobe Acrobat Sign |
File details come from the government source that posted it. Updated .