Amendment+6+Executed+and+Updated.pdf
PDF 300 KB Posted
- Attached to
- AssetWorks (Surplus Property Only)
- Contract number
- 102-ASSE
- Issued by
- North Dakota
About this file
This document is a Contract Amendment (Amendment #6) for AssetWorks State Contract #102, involving the State of North Dakota's Office of Management and Budget, Central Services Division, State Surplus Property, and AssetWorks USA, Inc., located in Pittsburgh, Pennsylvania. The amendment was executed on July 15, 2024, with both parties signing to formalize the changes to the existing contract.
The amendment extends the contract's term to June 30, 2025, following the original July 1, 2019 commencement and four previous renewal options. Key modifications include updates to the Third-Party Risk Management (TPRM) program, changes to indemnification and liability sections, and adjustments to insurance requirements. Specifically, the commercial general liability coverage is set at $2,000,000 per occurrence and aggregate, and automobile liability insurance has been removed. The contract maintains the original terms and conditions, with the amendments providing clarification and updates to the existing agreement between the state and the contractor.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| FE+Amendment3_3.17.21.pdf | ||
| FE+AssetWorks+Amendment1.pdf | ||
| 102+State+Contract+Summary-Updated.docx | DOCX document | |
| Amendment+4+Signed+5-26-2022.pdf | ||
| Amendment+7+Technology+Contract-Signed.pdf | ||
| Fully+Executed+AssetWorks+Contract.pdf | ||
| Amendment+5+Signed+5-9-2023.pdf | ||
| FE+Amendment+2_Renewal.pdf |
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Text version
CONTRACT NUMBER AND TITLE: ASSETWORKS STATE CONTRACT #102
AMENDMENT NUMBER: 6
CONTRACT AMENDMENT
This Amendment #6 (Amendment) to AssetWorks - State Contract #102 (Contract) effective July 1, 2019, between the State of North Dakota, acting through its Office of Management and Budget, Central Services Division, State Surplus Property (STATE) and AssetWorks USA, Inc. having its principal place of business at 168 Industry Drive, Pittsburgh, PA 15275 (CONTRACTOR) is entered into as of the date signed by both CONTRACTOR and STATE.
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.
Whereas, Section 33, Merger and Modification, Conflict in Documents of the Contract states contract may not be modified, supplemented or amended, in any manner, except by written agreement signed by both
Now therefore, the Contract is amended as follows:
Extension Section 6, Term of Contract is hereby amended to include.
The Contract commenced on July 1, 2019, for a period of 12 months with four (4) options to renew the contract under the same terms and conditions for a period of twelve (12) months each and extend the contract for up to twelve (12) months. Four renewal options have been executed.
The Contract is amended to change the expiration date to June 30, 2025.
THIRD-PARTY RISK MANAGEMENT PROGRAM
The Third-Party Risk Management (TPRM) program helps to classify, evaluate, and monitor all third-party Vendors to provide reasonable assurance that inherent and overall risk associated with each third-party Vendor relationship is understood and aligned to the overall security objectives at NDIT. TPRM went into effect on July the third-party security questionnaire on an annual basis at no cost to the STATE, unless CONTRACTOR has received FedRAMP, StateRAMP, or HiTrust certification. CONTRACTOR shall provide complete questionnaire within twenty-one (21) calendar days of receiving a written request. CONTRACTOR shall undergo the third-party security question
INDEMNIFICATION
Section 14 of the Contract shall be amended and replaced in its entirety to read as follows: Each party shall be responsible for its own negligence and that of its agents and employees. Each party shall be responsible for no more than its proportionate level of fault.
LIMITATION OF LIABILITY
Section 16 of the Contract shall be replaced in its entirety to read as follows: EXCEPT FOR DAMAGES WHICH CANNOT BE LIMITED AS PER N.D.C.C. §. 32-12.2- 15, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES. THE MAXIMUM LIABILITY OF EITHER PARTY TO THE OTHER PARTY ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT SHALL IN NO CASE EXCEED DIRECT DAMAGES EQUIVALENT TO TWO (2) TIMES THE PREVIOUS TWELVE (12) MONTHS OF FEES PAID TO CONTRACTOR AT THE TIME OF THE EVENT.
BREACH OF CONFIDENTIALITY
OBGLIGATIONS OR TO VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS.
INSURANCE
Section 18 Insurance requirements are hereby amended as follows, listed by subsection: 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 and aggregate.
The Commercial General Liability limit required may be satisfied by a combination of primary, excess and/or umbrella coverage. Subsection b: Automobile liability insurance is removed.
Effectiveness All other terms of the Contract remain in effect. This Amendment is not effective until fully executed by all parties.
EXECUTION
CONTRACTOR STATE OF NORTH DAKOTA
AssetWorks USA, Inc.
Acting through its Office of Management and Budget, State Procurement Office
BY: BY:
Ellena Howze Sara Bilden
General Manager, AssetWorks USA, Inc. State Procurement Officer
Date: 7/15/2024 Date: 7/15/2024
File details come from the government source that posted it. Updated .