Granicus+Amendment+15.pdf

CONTRACT AMENDMENT

CONTRACT NAME AND NUMBER: DIGITAL COMMUNICATION MANAGEMENT, #476

AMENDMENT NUMBER: 15

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 to add the Custom Short Code annual subscription service (see Attachment A – Product Description for details) for all State of North Dakota agencies and is not limited to any maximum count of agencies listed in Amendment 14. The annual subscription includes the nd.gov domain and subdomain.

Payments Contract Section 31, Payments, is amended to add $18,900 for the period January 1, 2024 – December 31, 2024 for the Custom Short Code subscription service.

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.

EXECUTION

CONTRACTOR

Granicus, LLC

BY:

Printed Name:

Title:

Date:

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:

Cale Brakke (Dec 13, 2023 14:54 CST) Cale Brakke

Cale Brakke Contracts Manager

12/13/2023

Tricia Opp IT Procurement Officer 12/13/2023

Greg Hoffman Deputy CIO 12/13/2023 https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAWOeiO3ea9uvIztQ9jqmqwpwPm0H273XH https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAWOeiO3ea9uvIztQ9jqmqwpwPm0H273XH https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAWOeiO3ea9uvIztQ9jqmqwpwPm0H273XH

Attachment A – 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.

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.

Granicus Amendment for Signature Final Audit Report 2023-12-13

Created: 2023-12-13

By: Tricia Opp (topp@nd.gov)

Status: Signed

Transaction ID: CBJCHBCAABAAWOeiO3ea9uvIztQ9jqmqwpwPm0H273XH

"Granicus Amendment for Signature" History Document created by Tricia Opp (topp@nd.gov) 2023-12-13 - 8:27:30 PM GMT- IP address: 165.234.252.245

Document emailed to Cale Brakke (cale.brakke@granicus.com) for signature

2023-12-13 - 8:34:33 PM GMT

Email viewed by Cale Brakke (cale.brakke@granicus.com) 2023-12-13 - 8:51:05 PM GMT- IP address: 45.41.142.228

Document e-signed by Cale Brakke (cale.brakke@granicus.com) Signature Date: 2023-12-13 - 8:54:12 PM GMT - Time Source: server- IP address: 163.116.249.33

Document emailed to Tricia Opp (topp@nd.gov) for signature

2023-12-13 - 8:54:13 PM GMT

Email viewed by Tricia Opp (topp@nd.gov) 2023-12-13 - 9:00:28 PM GMT- IP address: 104.47.64.254

Document e-signed by Tricia Opp (topp@nd.gov) Signature Date: 2023-12-13 - 9:00:53 PM GMT - Time Source: server- IP address: 165.234.252.245

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

2023-12-13 - 9:00:54 PM GMT

Email viewed by Greg Hoffman (gahoffman@nd.gov) 2023-12-13 - 11:29:50 PM GMT- IP address: 104.47.65.254

Document e-signed by Greg Hoffman (gahoffman@nd.gov) Signature Date: 2023-12-13 - 11:30:03 PM GMT - Time Source: server- IP address: 165.234.248.3

Agreement completed.

2023-12-13 - 11:30:03 PM GMT

EXECUTION