HomeMy WebLinkAboutAgreement A-19-247-1 with Carahsoft Tech Corp.pdf- 1 -
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FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (“First Amendment”) is made and entered into this
____ day of June, 2021, by and between COUNTY OF FRESNO, a political subdivision of the State of
California, Fresno, California (“COUNTY”), and Carahsoft Technology Corp., a Maryland corporation,
whose address is 11493 Sunset Hills Road, Suite 100, Reston, Virginia 20190
(“CONTRACTOR”).
WITNESSETH:
WHEREAS, COUNTY and CONTRACTOR entered into Agreement number 19-247, dated
June 18, 2019 (“Agreement”), pursuant to which CONTRACTOR agreed to provide ServiceNow
software and related implementation services to COUNTY;
WHEREAS, COUNTY now desires to expand its use of the ServiceNow platform to replace a
variety of COUNTY’s other disparate systems; and
WHEREAS, COUNTY and CONTRACTOR agree to amend the Agreement in order to expand
the COUNTY’s use of the ServiceNow platform, and to increase the Agreement compensation amount
accordingly subject to the terms described below.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
1.Section VI(A) of the Agreement, located on page 16 through page 17, is deleted in its
entirety, and replaced with the following:
“The Software as a Service (SAAS) fees shall be paid as follows for ServiceNow and are governed by
the attached ServiceNow Subscription Service Agreement.
Years 1-2
Agreement No. 19-247-1
8th
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Year 3:
Description Price Quantity
ServiceNow Business Stakeholder User $10.23 (Monthly) 200
ServiceNow Management – Fulfiller User v2 $70.45 (Monthly) 178
ServiceNow Software Asset Management
Professional
Computer v3 (Per device)
$1.53 (Monthly) 10,000
ServiceNow Now Platform App Engine – Fulfiller $99.43 (Monthly) 20
ServiceNow IT Operation Management Visibility $7.36 (Monthly) 700
Year 3 Subtotal: $444,320.40
Year 4:
Description Price Quantity
ServiceNow Business Stakeholder User $11.36 (Monthly) 200
ServiceNow Management – Fulfiller User v2 $78.28 (Monthly) 178
ServiceNow Software Asset Management
Professional
Computer v3 (Per device)
$1.70 (Monthly) 10,000
ServiceNow Now Platform App Engine – Fulfiller $110.48 (Monthly) 20
ServiceNow IT Operation Management Visibility $8.18 (Monthly) 700
Year 4 Subtotal: $493,697.28
Year 5:
Description Price Quantity
ServiceNow Business Stakeholder User $12.63 (Monthly) 200
ServiceNow Management – Fulfiller User v2 $86.98 (Monthly) 178
ServiceNow Software Asset Management $1.70 (Monthly) 10,000
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Professional
Computer v3 (Per device)
ServiceNow Now Platform App Engine – Fulfiller $110.48 (Monthly) 20
ServiceNow IT Operation Management Visibility $8.18 (Monthly) 700
Year 5 Subtotal: $515,328.48
Additional users may be added as needed, and shall be invoiced on a pro-rated basis until the next
annual subscription renewal date.”
2. Section VI(E)4 of the Agreement, located on page 19, lines 2 through 4, is deleted in its
entirety, and replaced with the following:
"In no event shall compensation paid for services performed under this Agreement
exceed $3,000,000 during the term of this Agreement."
3.ELECTRONIC SIGNATURES. The parties agree that this First Amendment may be
executed by electronic signature as provided in this section. An “electronic signature” means any
symbol or process intended by an individual signing this First Amendment to represent their signature,
including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten
signature; or (3) an electronically scanned and transmitted (for example by PDF document) of a
handwritten signature. Each electronic signature affixed or attached to this First Amendment (1) is
deemed equivalent to a valid original handwritten signature of the person signing this First Amendment
for all purposes, including but not limited to evidentiary proof in any administrative or judicial
proceeding, and (2) has the same force and effect as the valid original handwritten signature of that
person. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
beginning with section 1633.1). Each party using a digital signature represents that it has undertaken
and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
through (5), and agrees that each other party may rely upon that representation. This First Amendment
is not conditioned upon the parties conducting the transactions under it by electronic means and either
party may sign this First Amendment with an original handwritten signature.
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COUNTY and CONTRACTOR agree that this First Amendment is sufficient to amend the
Agreement and, that upon execution of this First Amendment, the Agreement and this First
Amendment together shall be considered the Agreement.
The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
covenants, conditions and promises contained in the Agreement and not amended herein shall remain
in full force and effect.
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EXECUTED AND EFFECTIVE as of the date first above set forth .
CONTRACTOR
Kristina Smith , Director of Contracts
Mailing Address
FOR ACCOUNTING USE ONLY :
Fund : 1020
Subclass : 10000
ORG : 89050000
Account: 7309
COUN7/~
Stevlsrandau , Chairman of the Board
of Supervisors of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
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