Amendment+4+Signed+3-28-2023.pdf
PDF 242 KB Posted
- Contract number
- 255-1
- Issued by
- North Dakota
About this file
This document is a Contract Amendment between the State of North Dakota, acting through its State Procurement Office, and Motion Industries, Inc. The amendment pertains to Contract Number 255-1 for Facility Maintenance, Repair and Operations (MRO) Supplies and is specifically labeled as Amendment Number 4.
The contract was originally executed on April 1, 2019, with an initial term ending on March 31, 2020, and includes provisions for up to six (6) twelve-month renewal options. This fourth amendment extends the contract's expiration date to March 31, 2024, effectively implementing the fourth twelve-month renewal period. Additionally, the amendment removes the Risk Management Requirements, specifically Section 4, item 2 related to Insurance, from the original contract. All other terms and conditions of the original contract remain unchanged, and the amendment will only become effective upon full execution by both parties.
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Other files
| File | Type | Posted |
|---|---|---|
| Attach2-Acme+Tools+Product+Offering.xlsx | XLSX spreadsheet | |
| Amendment+4+Signed+3-27-2023.pdf | ||
| 255-1_State+Contract+Summary_Updated.docx | DOCX document | |
| Category+Award+-+Batteries+and+Flashlights.xlsx | XLSX spreadsheet | |
| Category+Award+-+Air+Filters.xlsx | XLSX spreadsheet | |
| Category+Award+-+Paint+and+Accessories.xlsx | XLSX spreadsheet | |
| Category+Award+-+Motors+and+Accessories.xlsx | XLSX spreadsheet | |
| Attach3-Motion+Industries+Product+Offering.xls | XLS spreadsheet | |
| Category+Award+-+Hand+Tools.xlsx | XLSX spreadsheet | |
| Attach3-Vendor+Will+Call+Locations.xls | XLS spreadsheet | |
| MRO+Vending+Services+PA.doc | DOC document | |
| SC255-1_MRO_Contract_AcmeTools_Execut.pdf | ||
| ExhibitA_Amend1.pdf | ||
| Category+Award+-+Tape_Sealants_Lubricants.xlsx | XLSX spreadsheet | |
| Category+Award+-+Fasteners.xlsx | XLSX spreadsheet | |
| Category+Award+-+Power+Tools+and+Accessories.xlsx | XLSX spreadsheet | |
| Category+Award+-+Pneumatic+Tools.xlsx | XLSX spreadsheet | |
| SC255-1_MRO_Contract_Motion_Execut.pdf |
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Text version
CONTRACT AMENDMENT
Amendment to Contract between the State of North Dakota, acting through its (State Procurement Office), “STATE,” and (Motion Industries, 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.
Whereas, Section 8 “Term of the Contract” of the Special Terms and Conditions states “The term of the contract issued as a result of this solicitation will be as follows: a.
Contract Period. This Contract term (Term begins on April 1, 2019 or its Effective Date, and ends on March 31, 2020. b. No Automatic Renewal. This Contract will not automatically renew. c. Extension Option. STATE reserves the right to extend this Contract for an additional period of time, not to exceed twelve (12) months, beyond the current termination date of this contract. d. Renewal Option. STATE may renew this Contract upon satisfactory completion of the initial Contract Term. STATE reserves the right to execute up to six (6) options to renew this Contract under the same terms and conditions for a period of twelve (12) months each;” therefore, the Contract is amended as follows:
Whereas, Section 10 “Contract Amendment – Unanticipated Amendment” of the Special Terms and Conditions states “After a binding contract has been entered into, no changes may be made, unless prior written approval has been obtained from the Purchasing Agency through execution of a contract amendment. The Contractor may request changes, such as substitutions of a product, by submitting a written request to the Procurement Officer. Unanticipated amendments must be within the scope of the original contract, authorized by the terms of the Contract and due to legitimate, unforeseen circumstances. (N.D.A.C. ch. 4-12-13)”; therefore, the Contract is amended as follows:
Risk Management Requirements
Contract Section 4, item 2, Insurance. is hereby removed from the Contract.
Renewal
1. Section 8, Term of the Contract (Special Terms and Conditions.) The Contract commenced on April 1, 2019 and expires on March 31, 2020 with the option to extend for an additional twelve (12) months and renew the contract for a maximum of six (6) additional twelve (12) month periods, upon mutual agreement.
CONTRACT NUMBER AND TITLE: 255-1, Facility Maintenance, Repair and Operations (MRO) Supplies - State
AMENDMENT NUMBER: 4
The parties have agreed to execute the fourth twelve (12) month renewal option of the Contract; therefore, the Contract is amended to change the expiration date to March 31, 2024.
All other terms of the Contract remain in effect.
This Contract Amendment is not effective until fully executed by all parties.
EXECUTION
CONTRACTOR NAME
Motion Industries, Inc.
112 South 12th Street Unit B Bismarck, ND 58504
NAME
SIGNATURE
TITLE
DATE
STATE OF NORTH DAKOTA acting through its State Procurement Office 600 E Boulevard Ave Dept 012 Bismarck, ND 58501-0310
NAME
Gabriel Hoggarth
SIGNATURE
TITLE
State Procurement Officer
DATE
3/24/2023
CONTRACT NUMBER AND TITLE: 255-1, Facility Maintenance, Repair and Operations (MRO) Supplies - State
AMENDMENT NUMBER: 4
Adam L. LeBerte
Director of Branch Operations Support
3/28/2023
| GV01 Contract Review Form - State of ND Renewal |
| RE_ [EXT] ND State Contract Renewal - Collin Approval |
| Amendment 4 |
| CONTRACT AMENDMENT |
| EXECUTION |
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