Amendment+8_SIGNED.pdf
PDF 247 KB Posted
- Attached to
- Telephone System - Avaya Equip and Maint
- Contract number
- 223
- Issued by
- North Dakota
About this file
This document is a Contract Amendment (Amendment Number 8) for the Avaya Equipment, Maintenance and Support contract between the State of North Dakota, specifically acting through its Information Technology Department and the Office of Management and Budget State Procurement Office, and ConvergeOne, Inc. as the contractor.
The contract, which originally commenced on June 1, 2021, is being amended to extend its term to May 31, 2025, with one remaining 12-month renewal option available. Key modifications include updates to insurance requirements based on 2021 House Bill 1057, which adjusts statutory liability caps, and the introduction of a Third-Party Risk Management (TPRM) program effective July 1, 2023. Under the new TPRM section, ConvergeOne must complete an annual third-party security questionnaire at no cost to the state, unless they have received specific certifications like FedRAMP, StateRAMP, or HiTrust. The insurance requirements have been adjusted, including increasing commercial general liability coverage to $2,000,000 per occurrence and removing automobile liability insurance requirements.
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Other files
| File | Type | Posted |
|---|---|---|
| Contract+Amendment+3.pdf | ||
| Contract+Amendment+9+-+signed.pdf | ||
| Signed+Amendment+2.pdf | ||
| Contract+Amendment+7-Executed.pdf | ||
| 223_State+Contract+Summary.docx | DOCX document | |
| Amendment+5-+Signed.pdf | ||
| Amendment+6+-+SIGNED.pdf | ||
| Contract+-+Amendment+4.pdf | ||
| Renewal+1+-+1-6-17.pdf |
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CONTRACT AMENDMENT
CONTRACT NAME AND NUMBER: AVAYA EQUIPMENT, MAINTENANCE AND SUPPORT - 223
AMENDMENT NUMBER: 8
This amendment is made to Avaya Equipment, Maintenance and Support (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 (STATE), and ConvergeOne, 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:
Renewal Contract Section 6, Term of Contract. The Contract commenced on June 1, 2021 for a period of 24 months with an option to renew the contract for up to maximum of three, one year renewals.
The parties have agreed to renew the Contract for an additional 12 months; therefore, the contract is amended to change the expiration date to May 31, 2025. The Contract has one (1), 12 month renewal remaining. The Contract can be extended for an additional 12 months.
Insurance Pursuant to 2021 House Bill 1057, the statutory caps on State liability (N.D.C.C. § 32-12.2-02) increase each year starting July 1, 2022 through July 1, 2026. Therefore, the insurance requires for this contract are being amended.
Contract Section 20, Insurance. Insurance requirements are hereby amended as follows, listed by subsection:
1) 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.
2) Subsection b.: is hereby amended to remove the automobile liability insurance requirements.
3) Subsection d.: Employer’s liability or “stop gap” insurance of not less than $2,000,000 as an endorsement on the workers compensation or commercial general liability insurance.
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 1, 2023. The contract is hereby amended to include the following TPRM section:
CONTRACTOR shall undergo 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 questionnaire when a breach has occurred.
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
ConvergeOne, Inc. Acting through its Information Technology Department
BY: BY:
Printed Name: Printed Name: Greg Hoffman
Title: Title: Deputy CIO
Date: Date:
STATE OF NORTH DAKOTA
Acting through its Office of Management and Budget, ND State Procurement
BY:
Printed Name: Angie Scherbenske
Title: IT Procurement Officer
Date:
Ron Gill
Regional Vice President
05/08/2024
05/09/2024
05/09/2024 https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAKTbkKpAFwauIfwa12cC8uDIwO9Deghey https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAKTbkKpAFwauIfwa12cC8uDIwO9Deghey
STATE OF NORTH DAKOTA - Contract 223 - Amendment 8 - Ext to 05-31-25 (PE) Final Audit Report 2024-05-09
Created: 2024-05-09
By: Brandy Bentley (blbentley@nd.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAKTbkKpAFwauIfwa12cC8uDIwO9Deghey
"STATE OF NORTH DAKOTA - Contract 223 - Amendment 8 - Ext to 05-31-25 (PE)" History
Document created by Brandy Bentley (blbentley@nd.gov) 2024-05-09 - 5:15:58 PM GMT- IP address: 165.234.248.3
Document emailed to Angie Scherbenske (ankscherben@nd.gov) for signature
2024-05-09 - 5:16:38 PM GMT
Email viewed by Angie Scherbenske (ankscherben@nd.gov) 2024-05-09 - 6:16:49 PM GMT- IP address: 104.47.64.254
Document e-signed by Angie Scherbenske (ankscherben@nd.gov) Signature Date: 2024-05-09 - 6:17:18 PM GMT - Time Source: server- IP address: 165.234.252.245
Document emailed to Greg Hoffman (gahoffman@nd.gov) for signature
2024-05-09 - 6:17:20 PM GMT
Email viewed by Greg Hoffman (gahoffman@nd.gov) 2024-05-09 - 7:02:48 PM GMT- IP address: 104.47.65.254
Document e-signed by Greg Hoffman (gahoffman@nd.gov) Signature Date: 2024-05-09 - 7:03:02 PM GMT - Time Source: server- IP address: 165.234.248.3
Agreement completed.
2024-05-09 - 7:03:02 PM GMT
| 2024-05-09T12:03:04-0700 | |
| Agreement certified by Adobe Acrobat Sign |
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