Contract+Amendment+11-+Add+Enterprise,+SaaS.pdf
PDF 6 MB Posted
- Attached to
- Digital Communication Management (GovDelivery)
- Contract number
- 476-GRAN
- Issued by
- North Dakota
About this file
This document is a Contract Amendment (Amendment Number 11) for the Digital Communication Management contract (#476) between the State of North Dakota, acting through its Information Technology Department in cooperation with the Office of Management and Budget, State Procurement Office, and Granicus, LLC. The amendment involves multiple North Dakota governmental entities, specifically the North Dakota Department of Transportation, North Dakota Game and Fish Department, North Dakota Highway Patrol, and North Dakota Public Employees Retirement System.
The amendment establishes an Enterprise category of services for the Communications Cloud, a Software-as-a-Service (SaaS) solution enabling government organizations to connect with more people through various communication mediums. The contract includes one-time fees for setup and configuration totaling $28,560.00 and annual fees for new subscriptions amounting to $382,350.00. The contract term runs from July 31, 2021, to December 31, 2023, with two potential twelve-month renewal options. The services include unlimited email sends, mass notifications, web-hosted training, SMS/text messaging, and access to the GovDelivery Network, with specific SMS message allowances for different agencies. The amendment also includes provisions for service levels, availability guarantees, and security protocols, including FedRAMP compliance.
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CONTRACT AMENDMENT
CONTRACT NAME AND NUMBER: DIGITAL COMMUNICATION MANAGEMENT, #476
AMENDMENT NUMBER: 11
This amendment is made to the Digital Communication Management (Contract) between the State of North Dakota, acting through its Information Technology Department in cooperation with the Office of Management and Budget, State Procurement Office and other North Dakota governmental entities that execute a participating addendum to this Contract (STATE), and Granicus, LLC (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 agreed upon pricing for the Enterprise is pursuant to Exhibit A. The agencies currently using the Contract for services, namely, North Dakota Department of Transportation, North Dakota Game and Fish Department, North Dakota Highway Patrol, and North Dakota Public Employees Retirement System, individually and collectively, are not permitted to become agencies of the Enterprise. Those agencies shall renew outside of the scope of the Enterprise pursuant to Exhibit B. Additional SMS purchased by STATE may be shared as outlined in Exhibits A and B. The Enterprise may be expanded by mutual written agreement between CONTRACTOR and STATE.
Scope of Work Contract Section 1, Scope of Work is amended to add the Enterprise category of services with the Information Technology Department (ITD) as allowed in the Contact Attachment 1 – GovDelivery – ND Pricing Model. CONTRACTOR, in exchange for the compensation paid by STATE pursuant to Exhibit A, shall provide the services for the Enterprise in accordance with Exhibit A.
CONTRACTOR, in exchange for the compensation paid by STATE pursuant to Exhibit B, shall provide the services for North Dakota Department of Transportation, North Dakota Game and Fish Department, North Dakota Highway Patrol, and North Dakota Public Employees Retirement System in accordance with Exhibit B.
Renegotiation Contract Section 3, Term of Contract allows the STATE to renegotiate the contract after the completion of the initial term including any extensions and renewals, which have been executed. Therefore, the Contract is amended as follows:
Section 3, Term of Contract. Additional term will be added beginning July 31, 2021 and will end on December 31, 2023. Two renewal options for twelve months each will also be added.
The STATE reserves the right to execute the Renegotiation option upon the completion of this added Term of Contract.
Contract Section 6, Termination of Contract is amended as follows:
Section 6.3, Termination for cause. Either party may terminate this Agreement upon written notice if the other party is in material breach of this Contract and fails to cure such breach within thirty (30) days after the notifying party provides written notice of the breach.
Contract Section 36, Maintenance is amended as follows:
Section 36.3.a), Termination for convenience. STATE may cancel software maintenance and support upon ninety (90) calendar days’ notice to CONTRACTOR.
Addition of Section: Limitation of Liability EXCEPT FOR DIRECT LOSS THAT CANNOT BE LIMITED PURSUANT TO N.D.C.C. § 32-12.2-15, IN
NO EVENT WILL EITHER PARTY’S LIABILITY TO THE OTHER PARTY FOR ANY DAMAGES
UNDER THIS CONTRACT EXCEED $100,000.00.
These changes are authorized under Section 5, Merger and Modification, Conflict in Documents.
All other terms of the Contract remain in effect. This Contract Amendment is not effective until fully executed by all parties.
Remainder of page intentionally left blank.
EXECUTION
CONTRACTOR
Granicus, LLC
BY:
Printed Name:
Title:
Date:
STATE OF NORTH DAKOTA
Acting through its State of North Dakota, Information Technology Department
BY:
Printed Name:
Title:
Date:
STATE OF NORTH DAKOTA
Acting through its State of North Dakota, State Procurement Office
BY:
Printed Name:
Title:
Date:
Procurement Officer II
Tricia Opp
12/3/2020
Greg Hoffman
Director, Administrative Services
12/4/2020
Help Desk Services and Availability Granicus will provide complete help desk support for administrators and customers of the Granicus Solutions.
Regular support will be available during regular business hours, Monday-Friday; via email or toll-free telephone.
CUSTOMER SUPPORT CONTACT
Hours: 8:00 am 10:00 pm ET (9:30 am 5:00 pm Europe) Emergency Support is available 24/7
Please submit support requests via:
Portal: support.granicus.com Email: support@granicus.com Phone: 1-800-314-0147 USA, 0800 032 7764 Europe
Please submit govDelivery Communications Cloud subscriber support only requests to:
Portal: subscriberhelp.granicus.com Email: subscriberhelp@granicus.com Phone: 1-800-439-1420 USA, 0808 234 7450 Europe
COMMUNICATION SERVICE LEVEL AGREEMENT
Granicus response to support and service requests will be based on four (4) Severity Levels:
Severity Level
Description Examples Initial Customer Response Time
Level 1
Emergency. Incident represents a total outage; the product is unavailable or not accessible for use or all sending is significantly delayed Within one (1) hour of notification by the customer of occurrence
Level 2
Severely Impaired. Incident occurs when a major feature of the product is not working and there is no workaround available, or the workaround is not acceptable and impacts the primary usability of the product govDelivery PageWatch sending is delayed by more than 20-30 minutes, or sudden and significant deliverability issues or intermittent errors or low performance issues for some or many customers
Within four (4) hours of notification by the customer of occurrence
Level 3
Impaired. Incident occurs when a primary feature of the product is not working as expected and an acceptable workaround is available does not impact the basic usability of the product govDelivery system not connecting to social media, single customer app/feature help, or database requests
Within one (1) business day of notification by the customer of occurrence
Level 4 Low Impact. Incident that has a limited business impact and requests can be scheduled.
Programmatic change to back-end or front-end to improve efficiency Distribution of all patches and upgrades
Within three (3) business days of notification of customer of occurrence
AVAILABILITY
Availability is defined as the ability of users to access the Granicus Solutions services via the internet. Granicus represents an up-time guarantee of 99% per calendar quarter for its hosted services. Notifications for Granicus Solutions of any system-wide outages will occur within one hour from the time the issues are first recognized by Granicus.
Downtime is defined as any time that the Granicus Solutions services are unavailable. A Site Outage is defined as continuous Downtime, as determined through URL monitoring (HTTP). Downtime reporting is limited to a Site Outage. Site Outage monitoring is conducted by Granicus utilizing industry-standard monitoring tools. Reports of Site Outages will be provided on an as-requested basis up to once per calendar quarter.
A Site Outage does not include Downtime that falls into one or several of the exclusions below:
Scheduled or routine maintenance Caused by force majeure (which shall include any circumsta including but not limited to, acts of God, labor strikes and other labor disturbances, power surges or failures) The first four (4) Site Outages in any given quarter that are corrected within fifteen (15) minutes of their start The first five (5) minutes of any Site Outage is a grace period and will not be considered Downtime under any circumstances o Example: a Site Outage of fourteen (14) minutes in duration that is one of the first four (4) such outages in a given quarter would not result in any Downtime, while a Site Outage of sixteen (16) minutes would result in eleven (11) minutes of Downtime. After four (4) Site Outages of between five (5) and fifteen (15) minutes in a quarter, all Site Outage time over five (5) minutes for any one instance will count as Downtime.
Any credit provided under this service level agreement will be referred to as an Outage Credit. The Outage Granicus Solutions and will be added to the end of the then-request. Outage Credit is limited to a Site Outage. In no event shall any credit for a particular calendar quarter exceed the seven (7) days of Outage Credit. Granicus shall have the ability to determine at its reasonable discretion whether Downtime has occurred.
Per calendar quarter, Granicus will provide Outage Credit as follows:
Site Outage per Quarter (Unless Otherwise Specified Below)
Amount of Outage Credit (Unless Otherwise Specified Below)
99% No Outage Credit
98.9% 1 day credit
97% 3 days credit
96% or less 7 days credit
SCHEDULED MAINTENANCE
govDelivery. Scheduled maintenance typically occurs every thirty (30) days with average Downtime required being less than thirty (30) minutes. Planned or routine maintenance is limited to two (2) hours per week. Total scheduled Downtime for the year will not typically exceed twenty (20) hours. Notifications will be posted on status.granicusops.com. Email notifications can
Portal: support.granicus.com Email: support@granicus.com Phone: 1-800-314-0147 USA, 0800 032 7764 Europe
Please submit govDelivery Communications Cloud subscriber support only requests to:
Portal: subscriberhelp.granicus.com Email: subscriberhelp@granicus.com Phone: 1-800-439-1420 USA, 0808 234 7450 Europe
COMMUNICATION SERVICE LEVEL AGREEMENT
Granicus response to support and service requests will be based on four (4) Severity Levels:
Severity Level
Description Examples Initial Customer Response Time
Level 1
Emergency. Incident represents a total outage; the product is unavailable or not accessible for use or all sending is significantly delayed Within one (1) hour of notification by the customer of occurrence
Level 2
Severely Impaired. Incident occurs when a major feature of the product is not working and there is no workaround available, or the workaround is not acceptable and impacts the primary usability of the product govDelivery PageWatch sending is delayed by more than 20-30 minutes, or sudden and significant deliverability issues or intermittent errors or low performance issues for some or many customers
Within four (4) hours of notification by the customer of occurrence
Level 3
Impaired. Incident occurs when a primary feature of the product is not working as expected and an acceptable workaround is available does not impact the basic usability of the product govDelivery system not connecting to social media, single customer app/feature help, or database requests
Within one (1) business day of notification by the customer of occurrence
Level 4 Low Impact. Incident that has a limited business impact and requests can be scheduled.
Programmatic change to back-end or front-end to improve efficiency Distribution of all patches and upgrades
Within three (3) business days of notification of customer of occurrence
Help Desk Services and Availability Granicus will provide complete help desk support for administrators and customers of the Granicus Solutions.
Regular support will be available during regular business hours, Monday-Friday; via email or toll-free telephone.
CUSTOMER SUPPORT CONTACT
Hours: 8:00 am 10:00 pm ET (9:30 am 5:00 pm Europe) Emergency Support is available 24/7
Please submit support requests via:
Scheduled or routine maintenance Caused by force majeure (which shall include any circumsta including but not limited to, acts of God, labor strikes and other labor disturbances, power surges or failures) The first four (4) Site Outages in any given quarter that are corrected within fifteen (15) minutes of their start The first five (5) minutes of any Site Outage is a grace period and will not be considered Downtime under any circumstances o Example: a Site Outage of fourteen (14) minutes in duration that is one of the first four (4) such outages in a given quarter would not result in any Downtime, while a Site Outage of sixteen (16) minutes would result in eleven (11) minutes of Downtime. After four (4) Site Outages of between five (5) and fifteen (15) minutes in a quarter, all Site Outage time over five (5) minutes for any one instance will count as Downtime.
Any credit provided under this service level agreement will be referred to as an Outage Credit. The Outage Granicus Solutions and will be added to the end of the then-request. Outage Credit is limited to a Site Outage. In no event shall any credit for a particular calendar quarter exceed the seven (7) days of Outage Credit. Granicus shall have the ability to determine at its reasonable discretion whether Downtime has occurred.
Per calendar quarter, Granicus will provide Outage Credit as follows:
Site Outage per Quarter (Unless Otherwise Specified Below)
Amount of Outage Credit (Unless Otherwise Specified Below)
99% No Outage Credit
98.9% 1 day credit
97% 3 days credit
96% or less 7 days credit
SCHEDULED MAINTENANCE
govDelivery. Scheduled maintenance typically occurs every thirty (30) days with average Downtime required being less than thirty (30) minutes. Planned or routine maintenance is limited to two (2) hours per week. Total scheduled Downtime for the year will not typically exceed twenty (20) hours. Notifications will be posted on status.granicusops.com. Email notifications can
AVAILABILITY
Availability is defined as the ability of users to access the Granicus Solutions services via the internet. Granicus represents an up-time guarantee of 99% per calendar quarter for its hosted services. Notifications for Granicus Solutions of any system-wide outages will occur within one hour from the time the issues are first recognized by Granicus.
Downtime is defined as any time that the Granicus Solutions services are unavailable. A Site Outage is defined as continuous Downtime, as determined through URL monitoring (HTTP). Downtime reporting is limited to a Site Outage. Site Outage monitoring is conducted by Granicus utilizing industry-standard monitoring tools. Reports of Site Outages will be provided on an as-requested basis up to once per calendar quarter.
A Site Outage does not include Downtime that falls into one or several of the exclusions below:
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