State+of+ND+&+Granicus+Amendment+14+-+signed.pdf

CONTRACT AMENDMENT

CONTRACT NAME AND NUMBER: DIGITAL COMMUNICATION MANAGEMENT, #476

AMENDMENT NUMBER: 14

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 following agencies will migrate to the enterprise model with the Information Technology Department: Game and Fish Department, Department of Transportation, Highway Patrol and Public Employment Retirement System.

2. The enterprise model will have the ability to add up to five (5) additional agencies, bringing the total under this model to twenty-four (24), which includes the four (4) agencies listed above.

3. 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.

4. All pricing and associated limits are listed in the payment information below.

5. If five (5) new agencies aren’t filled under the enterprise model during the renewal term, STATE will notify CONTRACTOR at least ninety (90) days prior to the end of the agreement.

CONTRACTOR will do one of the following:

a. Identify which subscription products were unused.

b. Identify which one-time fee products were unused.

c. Create a product swap amendment to trade the investment from the unused product and apply it towards another useful product in the CONTRACTOR family of solutions.

d. STATE will pay any cost difference (Example: one (1) slot was unable to be assigned and CONTRACTOR will take the costs related to the slot and it’s onboarding one-time fee and apply it to additional SMS text messaging product for the enterprise account to utilize).

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. The parties agree to renew the Contract for twelve months, changing the expiration date to December 31, 2024. The Contract has one renewal option 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 Existing nineteen (19) agencies - Enterprise Renewal $80,000 Additional 12,000,000 SMS Messaging $92,850

Absorb four (4) existing agencies (see Scope of Work, item 1) $60,000 Add five (5) new agencies $75,000 Add five (5) new agencies setup $9,520

TOTAL RENEWAL COST $317,370

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:

• 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

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

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 14, Insurance. Insurance requirements are hereby amended as follows, listed by subsection:

1) Subsection 1: 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 and aggregate. The Commercial General Liability limit required may be satisfied by a combination of primary, excess and/or umbrella coverage.

2) Subsection 2: Automobile liability insurance is removed.

3) Subsection 4: Employer’s liability or “stop gap” insurance is removed.

4) Subsection 5: Professional Errors and Omissions insurance is removed.

Third-Party Risk Management Program CONTRACTOR currently holds FedRAMP certification. If CONTRACTOR ceases to hold this certification, CONTRACTOR shall undergo the third-party security questionnaire on an annual basis at no cost to the STATE and within twenty-one (21) calendar days of receiving STATE request, unless CONTRACTOR has received StateRAMP or HiTrust certification. CONTRACTOR shall undergo the third-party security questionnaire when a breach has occurred.

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:

Greg Eck (Nov 16, 2023 09:23 CST)

Greg Eck Manager, Contracts 11/16/2023

Tricia Opp IT Procurement Officer 11/16/2023

Greg Hoffman Deputy CIO 11/16/2023 https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAX4claCWFfiyYIiO_iy3SqwNfeFmzUC7L https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAX4claCWFfiyYIiO_iy3SqwNfeFmzUC7L https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAX4claCWFfiyYIiO_iy3SqwNfeFmzUC7L

State of ND & Granicus Amendment 14 Final Audit Report 2023-11-16

Created: 2023-11-16

By: Tricia Opp (topp@nd.gov)

Status: Signed

Transaction ID: CBJCHBCAABAAX4claCWFfiyYIiO_iy3SqwNfeFmzUC7L

"State of ND & Granicus Amendment 14" History Document created by Tricia Opp (topp@nd.gov)

2023-11-16 - 2:39:45 PM GMT

Document emailed to Greg Eck (greg.eck@granicus.com) for signature

2023-11-16 - 2:42:36 PM GMT

Email viewed by Greg Eck (greg.eck@granicus.com)

2023-11-16 - 2:52:01 PM GMT

Document e-signed by Greg Eck (greg.eck@granicus.com) Signature Date: 2023-11-16 - 3:23:25 PM GMT - Time Source: server

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

2023-11-16 - 3:23:26 PM GMT

Email viewed by Tricia Opp (topp@nd.gov)

2023-11-16 - 3:23:53 PM GMT

Document e-signed by Tricia Opp (topp@nd.gov) Signature Date: 2023-11-16 - 3:24:22 PM GMT - Time Source: server

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

2023-11-16 - 3:24:23 PM GMT

Email viewed by Greg Hoffman (gahoffman@nd.gov)

2023-11-16 - 3:43:53 PM GMT

Document e-signed by Greg Hoffman (gahoffman@nd.gov) Signature Date: 2023-11-16 - 3:44:24 PM GMT - Time Source: server

Agreement completed.

2023-11-16 - 3:44:24 PM GMT

EXECUTION