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Home My WebLink AboutAgreement A-22-348 with Peraton.pdf Agreement No. 22-348 1 SECOND AMENDMENT TO SERVICE AGREEMENT 2 This Second Amendment Service Agreement ("Amendment No. 2") is dated 3 August 9, 2022 and is between Peraton State & Local, Inc. (formerly Perspecta State & 4 Local, Inc.), an Illinois corporation, whose address is 13600 EDS Drive, Herndon VA 20171 5 ("Contractor"), and the County of Fresno, a political subdivision of the State of California 6 ("County"). 7 Recitals 8 A. On February 25, 2020, the County and the Contractor entered into County agreement 9 number 20-074 ("Agreement"), for Mainframe Hosting Services for the Fresno County Property 10 Tax Collector. 11 B. On November 24, 2020, the County and the Contractor entered into First Amendment to 12 the Agreement to allow for an upgrade to the T1 Connections (T1 connections provide high 13 speed bandwidths over fiber optic or copper phone lines) to the mainframe system hosted by 14 the Contractor for the County's Property Tax System. 15 C. On July 30, 2021, the Contractor changed its name to "Peraton State & Local, Inc." 16 D. The County and Contractor now further desire to amend the Agreement in order to 17 document its name change, increase unit rate costs in Attachment B of the Agreement effective 18 March 1, 2023, add rates previously omitted from the Agreement, delete the annual 19 compensation limits and compile into a total lump sum for the Agreement, and extend the 20 Agreement by two possible additional years, due to anticipated project delays related to the 21 transition of the mainframe system to County-hosted. 22 The parties therefore agree as follows: 23 1. All references to "Perspecta State & Local Inc." in the Agreement and the First 24 Amendment are deemed references to "Peraton State & Local Inc." 25 2. Attachment B — Cost Proposal of the First Amendment to the Agreement, as previously 26 amended, is deleted in its entirety, and replaced with the revised Attachment B, attached and 27 incorporated by this reference. 28 1 1 3. Section 5. COMPENSATION/INVOICING of the Agreement, located on page 18, lines 7 2 through 11, are deleted and replaced with the following: 3 "In no event shall compensation paid for services performed under this 4 Agreement during the total possible five-year term of the Agreement exceed two 5 million five hundred fifty thousand dollars ($2,550,000). It is understood that all 6 expenses required for Contractor's performance of services under this 7 Agreement, other than those described in Attachment B, shall be borne by 8 Contractor." 9 4. Section 3. TERM of the Agreement, located on page 17, lines 5 through line 6 are 10 deleted and replaced with the following: 11 "The term of this Agreement shall be for a period of four (4) years, commencing 12 on February 27, 2020, through and including February 26, 2024, with the option 13 of one one-year renewal period, to expire on February 26, 2025." 14 5. When both parties have signed this Second Amendment, the Agreement, First 15 Amendment, and this Second Amendment together constitute the Agreement. 16 6. The Contractor represents and warrants to the County that: 17 a. The Contractor is duly authorized and empowered to sign and perform its obligations 18 under this Second Amendment. 19 b. The individual signing this Second Amendment on behalf of the Contractor is duly 20 authorized to do so and his or her signature on this Second Amendment legally binds 21 the Contractor to the terms of this Second Amendment. 22 7. The parties agree that this Second Amendment may be executed by electronic signature 23 as provided in this section. 24 a. An "electronic signature" means any symbol or process intended by an individual 25 signing this Second Amendment to represent their signature, including but not limited 26 to (1) a digital signature; (2) a faxed version of an original handwritten signature; or 27 (3) an electronically scanned and transmitted (for example by PDF document) 28 version of an original handwritten signature. 2 1 b. Each electronic signature affixed or attached to this Second Amendment (1) is 2 deemed equivalent to a valid original handwritten signature of the person signing this 3 Second Amendment for all purposes, including but not limited to evidentiary proof in 4 any administrative or judicial proceeding, and (2) has the same force and effect as 5 the valid original handwritten signature of that person. 6 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5, 7 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 8 2, Title 2.5, beginning with section 1633.1). 9 d. Each party using a digital signature represents that it has undertaken and satisfied 10 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) 11 through (5), and agrees that each other party may rely upon that representation. 12 e. This Second Amendment is not conditioned upon the parties conducting the 13 transactions under it by electronic means and either party may sign this Second 14 Amendment with an original handwritten signature. 15 8. This Second Amendment may be signed in counterparts, each of which is an original, 16 and all of which together constitute this Second Amendment. 17 9. The Agreement as previously amended and as amended by this Second Amendment is 18 ratified and continued. All provisions of the Agreement as previously amended and not 19 amended by this Second Amendment remain in full force and effect. 20 [SIGNATURE PAGE FOLLOWS] 21 22 23 24 25 26 27 28 3 1 The parties are signing this Amendment No. 2 on the date stated in the introductory 2 clause. 3 PERATON STATE & LOCAL, INC. COUNTY OF FRESNO 4 j 5 L L 6 Max`Rjnna, Manager Brian Pacheco, Chairman of the Board of Supervisors of the County of Fresno 7 16550 W. Bernardo Dr. San Diego, CA 92127 Attest: 8 Bernice E. Seidel Clerk of the Board of Supervisors 9 County of Fresno, State of California 10 By: 11 Deputy 12 For accounting use only: 13 Org No.:8905 Account No.:7311 14 Fund No.: 1020 Subclass No.: 10000 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Attachment B Cost Proposal Property Tax— Unit Driven Price Per Month Price Per Month Items Through 2/28/2023 Effective 3/1/2023 Mainframe Disk Storage $0.241 $0.300 (DASD) per GB CPU Minutes Prime per $0.736 $0.920 CPU minute CPU Minutes Non-Prime per $0.613 $0.770 CPU minute Mainframe Taper Storage $0.061 $0.080 Per GB CISC Region — Per Region $388.80 $485.00 Property Tax — Fixed Price Price Per Month Price Per Month Items Through 2/28/2023 Effective 3/1/2023 Telecom (T1, or equal or $5,801.00 $7,250.00 higher bandwidth circuit; Routers(2), Firewall) Telecom Additional T1 , or $1,800.00 $2,250.00 equal or higher bandwidth circuit Operations Support— Property $5,616.00 $7,020.00 Tax Software Licenses and $13,124.00 $16,410.00 Maintenance LAN to Host- Limit 2M rec $764.00 $960.00 Disaster Recovery $1,931.00 $2,420.00 Customer Service $4,325.00 $5,410.00 Representative Contractor Staff Rates Job Title Job Function Hourly Rate Mainframe Automation Automation $181.00 Engineer Mainframe Capacity Planner Capacity Planning $181.00 Mainframe Application Support Application Support $181.00 Engineer Mainframe Hardware Planning Hardware Planning $181.00 Engineer Page 1 of 2 Attachment B Cost Proposal Mainframe Interactive Support Interactive (CICS/WAS,DB2, IMS/MQ, Specialty $181.00 Engineer DBMS) Mainframe Operating Systems zOS (MVS) Systems $181.00 Engineer Programmer Mainframe Storage Engineer Storage Management $138.00 (DASD/TAPE) Mainframe Network Engineer z/OS COMM server $181.00 (VTAM/TCPIP) Mainframe Operations Analyst Operations Batch Support $115.00 Mainframe Security Security ACF2 $138.00 Administrator Applications Programmer/ Applications Programmer/ $145.00 Analyst Analyst Database Administrator Database Administrator $150.00 Enterprise Architect Enterprise Architect $171.00 Information Security/ Privacy Information Security/Privacy $150.00 Analyst Analyst Network Engineer Network Engineer $156.00 Project Manager tech Project Manager $156.00 Solutions Architect Solutions Architect $171.00 Systems Administrator Systems Administrator $145.00 Page 2 of 2