ESS+Contract+Amendment+6.pdf

SIXTH AMENDMENT TO AGREEMENT

This Sixth Amendment ("Amendment") shall be deemed a material part of that certain Technology Contract: Voting Tabulation System Replacement Contract by and between the state of North Dakota, acting through Its Office of Management and Budget, State Procurement Office and its Secretary of State, Elections Units ("State") and Election Systems & Software, LLC, a Delaware limited liability company ("Contractor") dated June 28, 2019 ("Original Contract") as amended by that certain First Amendment to Agreement dated September 26, 2019 ("First Amendment") and that certain Second Amendment dated October 25, 2019 ("Second Amendment"), that certain Third Amendment dated November 1, 2019, that certain Fourth Amendment to Agreement dated March 31, 2020 ("Fourth Amendment") and that certain Fifth Amendment to Agreement dated July 7, 2020 ("Fifth Amendment"). The Original Contract, First Amendment, Second Amendment, Third Amendment, Fourth Amendment and Fifth Amendment are collectively referred to herein as the Contract. The terms of this Amendment shall modify and supersede any and all inconsistent terms of the Contract. Capitalized terms not otherwise defined herein shall have the same meanings ascribed to them in the Contract.

RECITALS

WHEREAS, Contractor and State entered into the Contract under which Contractor will be providing equipment, licensing software and performing certain services for State;

WHEREAS, both Contractor and State wish to amend the Contract in order to add one DS450 and seventy-five memory device purchases as well as add media burn licenses for the State and its counties.

WHEREAS, the Contract is a valid and subsisting agreement between Contractor and State and both parties shall continue to be bound by the terms and conditions of the Contract not otherwise amended herein.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:

1.

2.

Incorporation of Recitals. The foregoing recitals are hereby specifically incorporated into, and deemed a material part of, this Amendment.

Scope of Work. Section 4 of the Contract is amended to add the following:

a. CONTRACTOR, in exchange for compensation paid by ST A TE under this Contract, shall provide election on-site support for each of the 53 counties in the State of North Dakota for the November 3, 2020 Statewide Election. On-site support shall be provided by one CONTRACTOR staff member working with each county auditor the day before, day of, and day after election.

b. CONTRACTOR, in exchange for compensation paid by STATE under this Contract, shall configure and deliver one DS450 unit to the following location:

State of North Dakota - 600 East Boulevard Ave, Dept 108, Bismarck, ND 58505

c. CONTRACTOR, in exchange for compensation paid by STATE under this Contract, shall provide 75 standard 4GB memory devices.

3.

d. CONTRACTOR shall provide temporary media burn licenses to the STATE and its counties in accordance with the license terms set forth in this Agreement which may be used by the STATE and its counties as necessary in the event counties must re burn any of its election media. The media burn licenses may be used by the ST A TE and its counties through December 31, 2020 unless extended by mutual written agreement by the parties.

Except as amended herein, the remaining terms and conditions of Section 4 shall remain in full force and effect.

e. CONTRACTOR, in exchange for compensation paid by STATE under this Contract, shall provide 53 OKI B432DN Mono Laser Duplex Printer with LD 6' USB 2.0 A-B Cable 6' USB Cable. Each printer will have a one year warranty and will be shipped to each county auditor in the State of North Dakota.

Compensation, The first sentence of Section 5(a) of the Contract is hereby deleted in its entirety and replaced in its entirety with the following:

STATE shall pay for the accepted services provided by CONTRACTOR under this Contract an amount not to exceed $9,855,047 (Contract Amount).

Except as amended herein, the remaining terms and conditions of Section 5 shall remain in full force and effect.

4. Continuing Validity of Contract. Except as specifically set forth in this Amendment, all remaining terms and conditions of the Contract shall remain in full force and effect.

EXECUTED as of the J 6 day of September , 2020.

Its: YP of Finance

STATE OF NORTH DAKOTA

B��i (),; (Q);)

Office of Management and Budget, State

Its: Procurement Office

By:_

1-: --

Its: Director, Administrative Services - NDIT

Quantity

State of North Dakota

Purchase Proposal Quote Submitted by Election Systems & Software

Purchase Solution Includes:

.• "'' Item. Description

Election On-Site Support (One Event includes a person on-site the day before, day of, and day after election)

DS450 Units (each unit includes Scanner, Steel Table/Cart, Start-up Kit, Dust Cover, Reports Printer, Audit Printer, Battery Backup, Two (2) USB Cables and Two (2) Standard 8GB Memory Devices)

Standard 4GB Memory Devices

Shipping and Handling

Temporary Use Media Burn Software License

Compact Printer w/ One (1) Year Hardware Warranty

OKI B432DN MONO LASER DUPLEX PRINTER WITH

LD 6' USB 2.0 A-B CABLE 6' USB CABLE

Shipping and Handling of Printer

Total Purchase Solution

Unit Price Total Price

$4,525.00 $239,825.00

$49,950.00 $49,950.00

$105.00 $7,875.00

$600.00 $600.00

N/C N/C

$420.00 $22,260.00

$2,650.00 $2,650.00

$323, 160.00

ONGOING HARDWARE AND SOFTWARE MAINTENANCE, SUPPORT (ORIGINAL

CONTRACT)

Time Period

:1;11EJ! • - Total Cost/ Invoice � Coverage Period (January 1, 2021 to December 31, 2021)

- Hardware- Gold Coverage

- Software

Coverage Period (January 1, 2021 to December 31, 2021) Total

Coverage Period (January 1, 2022 to December 31, 2022)

- Hardware- Gold Coverage

- Software

Coverage Period (Janu�ry 1, 2022 to DecemQer 31, 2022) Total

Coverage Period (January 1, 2023 to December 31, 2023)

- Hardware- Gold Coverage

- Software

Coverage Period (January 1, 2023 to December 31, 2023) Total'

Coverage Period (January 1, 2024 to December 31, 2024)

- Hardware- Gold Coverage

- Software

Coverage Period (January 1, 2024 to December 31, 2024) Total.

""___ I:

I. :, I:

$419,415 $95,040

} $514,455

$419,415 $95,040

�. .l $514,455

$419,415 $95,040

$514,455

$419,415 $95,040 i $514,455

AMENDMENT 1 ADDITIONAL ONGOING HARDWARE AND SOFTWARE MAINTENANCE,

SUPPORT (FOR REFERENCE)

'fime Period ,,·s.••

·I ."ff,, Coverage Period ( January 1, 2021 to December 31, 2021)

- Hardware- Gold Coverage

- Software

Coverage Period (January 1, 2021 to December 31, 2'021) Total

Coverage Period (January 1, 2022 to December 31, 2022)

- Hardware- Gold Coverage

- Software

Coverage Period (January 1, 2022 to Decem_oer 31, 2022) Total

Coverage Period (January 1, 2023 to December 31, 2023)

- Hardware- Gold Coverage

- Software

Coverage Per,iod (January 1, 2023 to December 31, 2023) Total

Coverage Period (January 1, 2024 to December 31, 2024)

- Hardware- Gold Coverage

- Software

Coverage Period (January 1, 2024 to December 31, 2024) Total

TotaJ1 Cost/ l'nveice

"II

I'

,.;· l

$15,380.00 $7,765.00

$23,145.00

$15,380.00 $7,765.00

$23,145.00

$15,380.00 $7,765.00 l $23,145.00

$15,380.00 $7,765.00

$23,145.00 ''{;

AMENDMENT 4 ADDITIONAL ONGOING HARDWARE AND SOFTWARE MAINTENANCE,

SUPPORT (FOR REFERENCE)

lfime Periad

.1.

Coverage Period (January 1, 2021 to December 31, 2021)

- Hardware- Gold Coverage

- Software

Coveraqe Period (January ·1, 2021 to December 31, 2021) Total

Coverage Period (January 1, 2022 to December 31', 2022)

- Hardware- Gold Coverage

- Software

CoveraQe Period (January 1, 2022 to Oecember 3r1, 2022) Total

CoveraQe Period (January 1, 2023 to December 31, 2023)

- Hardware- Gold CoveraQe

- Software

Coverage Period (Januarv 1, 2023 to December 31, 2023) Total

Coverage Period (January 1, 2024 to December 31, 2024)

- Hardware- Gold CoveraQe

- Software

CoveraQe Period (January 1, 2024 to 'December 31, 2024) Total

Totall:Cast / lnvo.ice � ..

$10,920.00 $6,300.00

:, i $17,220.00

$10,920.00 $6,300.00

l. $17,220.00,:·

$10,920.00 $6,300.00

., I• $17,220.00 ... "

$10,920.00 $6,300.00

,,. (l� I' $17,220.00

AMENDMENT 6 ADDITIONAL ONGOING HARDWARE AND SOFTWARE MAINTENANCE,

SUPPORT

rnme Period

;1; .,,� . ., - ···u ·· - , ··· Total Cost I Invoice

CoveraQe Period (January 1, 2021 to December 31, 2021)

- Hardware- Gold CoveraQe

- Software

Coverage Period (January 1, 202.1 fo December 31, 2021) Total ' ! ... "

CoveraQe Period (January 1, 2022 to December 31, 2022)

- Hardware- Gold Coverage

- Software

CoveraQe Period (January 1, 2022 to December 31, 2022) Total -r

Coverage Period (January 1, 2023 to December 31, 2023)

- Hardware- Gold Coveraqe

- Software

Coverage Period ( January 1, 2023 to December 31, 2023) Total .. ,;

CoveraQe Period (January 1, 2024 to December 31, 2024)

- Hardware- Gold CoveraQe

- Software

Coverage Period (January 1, 2024 to December 31, 2024) Totalr i

I

$2,730.00 $1,575.00 $4,305.00

$2,730.00 $1,575.00

• $4,305.00

$2,730.00 $1,575.00

(' $4,305.00 ,·, $2,730.00 $1,575.00

•' $4,305.00