Contract+Amendment+12+-+Add+Short+Code.pdf

CONTRACT AMENDMENT

CONTRACT NAME AND NUMBER: DIGITAL COMMUNICATION MANAGEMENT, #476

AMENDMENT NUMBER: 12

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:

Scope of Work Contract Section 1, Scope of Work is amended to add Custom Short Code to include setup, configuration and subscription services for all State of North Dakota agencies. This includes those previously excluded from the enterprise subscription described in Contract Amendment 11 and the Custom Short Code is not limited to 15 accounts noted in Contract Amendment 11.

CONTRACTOR, in exchange for the compensation paid by STATE pursuant to the attached quote.

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

9/28/2021

Tricia Opp

Greg Hoffman

Director, Administrative Services

09/28/2021

408 Saint Peter Street, Suite 600 THIS IS NOT AN INVOICE Order Form Saint Paul, MN 55102 Prepared for United States North Dakota Office of Management and Budget

Order #: Q-155838 Prepared: 09/20/2021

Procurement Vehicle: North Dakota State Agreement #476 In Support of: North Dakota Office of Management and Budget

ORDER DETAILS

Prepared By: Denise Cushaney Email: denise.cushaney@granicus.com Order #: Q-155838 Prepared On: 09/20/2021 Expires On: 11/07/2021

Currency: USD

Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)

Period of Performance: 10/01/2021 – 12/31/2023

Current Billing Term End Date:

12/31/2023

The subscription includes the following domain(s) and subdomain(s):

nd.gov

ORDER TERMS

Order Form North Dakota Office of Management and Budget

Order #: Q-155838 Prepared: 09/20/2021

PRICING SUMMARY

The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.

One-Time Fees

Solution Billing

Frequency Quantity/Unit One-Time Fee

Custom Short Code - Setup and Configuration

Up Front 1 Each $10,700.00

SUBTOTAL: $10,700.00

New Subscription Fees (Term: 10/01/2021 – 12/31/2023)

Solution Billing

Frequency Quantity/Unit Annual Fee Prorated Fee

Custom Short Code Annual 1 Each $18,000.00 $40,500.00

SUBTOTAL: $18,000.00 $40,500.00

Order #: Q-155838 Prepared: 09/20/2021

PRODUCT DESCRIPTIONS

Solution Description

Custom Short Code Custom short codes include the lease and provisioning of a unique code of up to 6 digits for SMS sending and is dependent upon availability.

Configuration includes both obtaining and configuring one (1) custom SMS short code for a single enterprise use. Each govDelivery instance requires configuration of an individual prefix per one (1) Enterprise custom short code. Timeline for securing and provisioning each short code takes a minimum of 16 weeks and all final approvals are at the discretion of SMS carriers. Use of a custom short code allows the use of a dedicated short code other than the standard shared govDelivery 468311 short code.

Client must have explicit opt-in for all destinations sent to and adhere to all

CTIA guidelines for the duration of its use. Failure of carrier response will not result in any adjustments and failure to comply with regulations may result in suspension of short code. Client assistance may be required in the event any carrier audit is opened due to sending activity. Additional short code options can be proposed to meet specific use cases if permitted, though may carry additional considerations and/or fees.

Custom Short Code Includes:

Setup and configuration of up to one (1) custom SMS short code of

5 to 6 digits

Access to a dedicated Implementation Consultant for up to 180 days from project kick-off

Note: Custom Short Code Configuration takes an average of 16-20 weeks due to cell phone provider provisioning. Carriers may enforce blackout period(s) and sender must have explicit opt-in for all destinations. Carriers can enforce restrictions at any time during which they will not accept new applications and can delay provisioning or halt sending. Failure of carrier response will not result in any adjustment and failure to comply with regulations may result in suspension of short code.

Order #: Q-155838 Prepared: 09/20/2021

Solution Description

Custom Short Code - Setup and Configuration

Both obtaining and configuring a custom SMS short code for a single client and single account use.

Timeline for securing and provisioning each short code takes a minimum of 12 weeks and all approvals are at the discretion of SMS carriers.

GRANICUS ADVANCED NETWORK AND SUBSCRIBER INFORMATION

Granicus Communications Suite Subscriber Information.

o Data provided by the Client and contact information gathered through the Client's own web properties or activities will remain the property of the Client ('Direct Subscriber'), including any and all personally identifiable information (PII). Granicus will not release the data without the express written permission of the Client, unless required by law.

o Granicus shall: (i) not disclose the Client's data except to any third parties as necessary to operate the Granicus Products and Services (provided that the Client hereby grants to Granicus a perpetual, non-cancelable, worldwide, non-exclusive license to utilize any data, on an anonymous or aggregate basis only, that arises from the use of the Granicus Products by the Client, whether disclosed on, subsequent to, or prior to the Effective Date, to improve the functionality of the Granicus Products and any other legitimate business purpose, including the right to sublicense such data to third parties, subject to all legal restrictions regarding the use and disclosure of such information).

Data obtained through the Granicus Advanced Network.

o Granicus offers a SaaS product, known as the Communications Cloud, that offers Direct

Subscribers recommendations to subscribe to other Granicus Client's digital communication (the 'Advanced Network'). When a Direct Subscriber signs up through one of the recommendations of the Advanced Network, that subscriber is a 'Network Subscriber' to the agency it subscribed to through the Advanced Network.

o Network Subscribers are available for use while the Client is under an active subscription with Granicus. Network Subscribers will not transfer to the Client upon termination of any Granicus Order, SOW, or Exhibit. The Client shall not use or transfer any of the Network Subscribers after termination of its Order, SOW, or Exhibit placed under this agreement. All information related to Network Subscribers must be destroyed by the Client within 15 calendar days of the Order, SOW, or Exhibit placed under this agreement terminating.

o Opt-In. During the last 10 calendar days of the Client's subscription, the Client may send an opt-in email to Network Subscribers that shall include an explanation of the Client's relationship with Granicus terminating and that the Network Subscribers may visit the Client's website to subscribe to further updates from the Client in the future. Any Network Subscriber that does not opt-in will not be transferred with the subscriber list provided to the Client upon termination.

Order #: Q-155838 Prepared: 09/20/2021

TERMS & CONDITIONS

Terms and Conditions are in accordance with North Dakota State Contract 476, which takes precedence over all other conflicting Terms and Conditions incorporated herein.

This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of North Dakota Office of Management and Budget to provide applicable exemption certificate(s).

Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription.

Updates to Shared Short Codes for SMS/Text Messaging:

Granicus will be migrating all clients with SMS/Text Messaging Solutions using a shared short code option to a unique standard toll-free number within the United States (International numbers not supported). Short Codes are recommended for Text-to-Subscribe functionalities, if enabled where available, for an additional fee.

Client must have explicit opt-in for all destinations sent to and adhere to all CTIA guidelines for the duration of its use.

Order #: Q-155838 Prepared: 09/20/2021

BILLING INFORMATION

Billing Contact:

Purchase Order Required?

[ ] - No [ ] - Yes

Billing Address:

PO Number:

If PO required

Billing Email:

Billing Phone:

If submitting a Purchase Order, please include the following language:

The pricing, terms, and conditions of quote Q-155838 dated 09/20/2021 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order.

AGREEMENT AND ACCEPTANCE

By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms.

State of North Dakota

Signature:

Name:

Title:

Date:

Greg Hoffman

Director, Administrative Services

09/28/2021