GovDelivery+20241209+Amendment+16-Signed.pdf

Docusign Envelope ID: B4340B60-018A-475D-BC4C-4F39513C913F

CONTRACT AMENDMENT

CONTRACT NAME AND NUMBER: DIGITAL COMMUNICATION MANAGEMENT, #476

AMENDMENT NUMBER: 16

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 Section 1, Scope of Work is amended as follows:

1. The enterprise model includes the capacity for 24 agencies.

2. All new agencies coming on board will fall under the enterprise model unless STATE has reached the maximum allowed under this Contract. Any agencies interested in pursuing the services under this Contract must be referred to the Information Technology Department GovDelivery Product Owner.

3. All pricing and associated limits are listed in the Payments information below.

4. Additional details regarding the enterprise model are included in Attachment A - Granicus

Advanced Network and Subscriber Information.

5. Additional details regarding the Custom Short Code are included in Attachment B – Custom

Short Code

Term of Contract Section 3, Term of Contract. The Term of Contract currently runs from July 31, 2021 through December 31, 2023, and has two renewal options for twelve months each. One renewal was executed to move the expiration date to December 31, 2024.

The parties have agreed to renew the Contract for an additional twelve months; therefore, the Contract is amended to change the expiration date to December 31, 2025. The Contract has no renewals remaining and includes a renegotiation option.

Payments Contract Section 31, Payments, is amended to replace all existing pricing with the following information:

Communications Cloud Enterprise Model – maximum of 24 agencies allowed Communications Cloud Enterprise Renewal – Existing 24 agencies $225,750 Additional 12,000,000 SMS Messaging $97,492.50 Custom Short Code $19,845

TOTAL RENEWAL COST $343,087.50

Any SMS overages will be billable at $0.0077375 per message. *International numbers are not supported. SMS/text messages not used in the period of performance will not carry over to the following year. Additionally, all SMS/text messages purchased will be shared across the entire enterprise.

The Cloud includes:

• Up to 9,999,999 Potential Users

• Unlimited email sends with industry-leading delivery and management of all bounces

• Support to upload and migrate existing email lists

• Access to participate in the GovDelivery Network

• Ability to send mass notifications to multiple devices

• 24/7 system monitoring, email and phone support during business hours, auto-response to inbound messages from end users, and emergency support

• Text-to-subscribe functionality

• Up to 2 Web-hosted training sessions annually per Agency

• Up to 50 administrators per Account

• Up to 1 GovDelivery account(s) per Agency

• Access to a complete archive of all data created by the client for 18 months (rolling)

• Up to 3 hours of message template and integration development

• Up to 100 subscription topics per Agency

• Up to 100,000 SMS/text messages per year per Agency from a shared short code within the United States

Custom Short Code

• Lease of a unique custom short code for SMS sending. This allows the use of dedicated a short code other than the standard shared 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.

• Client assistance may be required in the event any carrier audit is opened due to sending activity.

Additional SMS – 12,000,000

• Access to the selected volume of additional SMS/text messages per year from a unique standard toll-free number within the United States*

• Use of responsively designed sign-up pages that allow the public to subscribe to communication updates from various devices.

Enterprise Creation includes:

• Define administrator permissions/roles for enterprise

• Administrator training (up to two online sessions, by role type or as agreed upon by project team)

• Establish Single Sign-On for enterprise accounts

If the STATE reaches its maximum agency allowance under the enterprise model, the following pricing Tiers will be utilized to add agencies:

Category

Agencies GovDelivery Advanced

Package

Config/Training Annual Config/Training Annual

Tier A Dept of Agriculture $5,000 $18,540 $2,354 $4,635 Bank of North Dakota

Tier B All Other Agencies Not Listed in Tier A $5,000 $15,000 $2,354 $3,750

All other terms of the Contract remain in effect. This Contract Amendment is not effective until fully executed by all parties.

nicus, LLC

EXECUTION

CONTRACTOR

Gra

BY:

Printed Name: Kimberly Rosenberger

Title: Contracts Manager

Date: 12/2/2024

STATE OF NORTH DAKOTA STATE OF NORTH DAKOTA

Acting through its State of North Dakota, Information Technology Department

Acting through its State of North Dakota, State Procurement Office

BY: BY:

Printed Name: Printed Name:

Title: Title:

Date: Date:

State Procurement Officer 12/05/2024

Sara BildenGreg Hoffman

Chief Information Officer

12/09/2024 https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAA21pTclTlTkU-3x_9bd89spqN7D2ONEY0

Attachment A – Granicus Advanced Network and Subscriber Information Product Description

Granicus Communications Suite Subscriber Information.

• 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.

• 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.

• 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.

• 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.

• 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.

Attachment B - Custom Short Code

Product Description

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.

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.

Amendment 16 Granicus Final Audit Report 2024-12-09

Created: 2024-12-09

By: Jennifer Schreiber (jschreiber@nd.gov)

Status: Signed

Transaction ID: CBJCHBCAABAA21pTclTlTkU-3x_9bd89spqN7D2ONEY0

"Amendment 16 Granicus" History Document created by Jennifer Schreiber (jschreiber@nd.gov) 2024-12-09 - 8:53:03 PM GMT- IP address: 165.234.248.3

Document emailed to Greg Hoffman (gahoffman@nd.gov) for signature

2024-12-09 - 8:55:06 PM GMT

Email viewed by Greg Hoffman (gahoffman@nd.gov) 2024-12-09 - 9:45:48 PM GMT- IP address: 104.47.65.254

Document e-signed by Greg Hoffman (gahoffman@nd.gov) Signature Date: 2024-12-09 - 9:47:01 PM GMT - Time Source: server- IP address: 165.234.248.3

Agreement completed.

2024-12-09 - 9:47:01 PM GMT