AMENDMENT II TO INFORMATION TECHNOLOGY AGREEMENT
THIS AMENDMENT, hereinafter referred to as Amendment II, is made and entered into this__________ day of __________________, 2009, by and between the Counties of Alameda, Contra Costa, Fresno, Orange, Placer, Sacramento, San Diego, San Francisco, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Solano, Sonoma, Tulare, Ventura and Yolo (collectively the “COUNTIES” and individually, a “COUNTY”) and Electronic Data Systems, LLC (formerly Electronic Data Systems Corporation), through its Government Industry Group (GIG), referred to hereinafter as “VENDOR” or “EDS.”
WHEREAS, the parties entered into that certain Agreement, identified as INFORMATION TECHNOLOGY Agreement No. 0530-95, effective February 28, 2000, and Amendment I to that Agreement, effective January 29, 2008 whereby VENDOR agreed to provide goods and services required to design, develop, implement, operate and maintain the new CalWORKs Information Network (CalWIN) and to maintain the existing system until it is replaced with CalWIN for COUNTIES; and
WHEREAS, the parties desire to amend the Agreement regarding changes as stated below and restate the Agreement in its entirety.
NOW, THEREFORE, in consideration of their mutual promises, covenants and conditions, hereinafter set forth, the sufficiency of which is acknowledged, the parties agree as follows:
1. Pursuant to Section 2.2 of the existing INFORMATION TECHNOLOGY Agreement No. 0530-95, the Counties hereby extend the INFORMATION TECHNOLOGY Agreement No. 0530-95 for one three-year period, which three year period shall begin on August 1, 2010 and end on July 31, 2013. As a result, Section 2.0 of the existing INFORMATION TECHNOLOGY Agreement No. 0530-95, as previously modified by Amendment I, is hereby deleted in its entirety and the following is inserted in its place:
“2.0 TERM
2.1 The Initial Term. The Initial Term shall commence on the Commencement Date and shall expire 125-months thereafter on July 31, 2010 as herein provided. However, the Third Party Software license terms shall continue as provided in Section 14 of this Agreement.
2.2 Extensions. This Agreement is extended beyond the Initial Term for one three-year period, which extension period shall commence on August 1, 2010 and expire on July 31, 2013 and be referred to in Exhibit L-II as “Extension Term”.”
2. All references to “Exhibit G” or “Exhibit G-I” in the existing INFORMATION TECHNOLOGY Agreement No. 0530-95 as modified by Amendment I are hereby changed to read “Exhibit G-II,” as appropriate.
3. All references to “Exhibit L” or “Exhibit L-I” in the existing INFORMATION TECHNOLOGY Agreement No. 0530-95 as modified by Amendment I are hereby changed to read “Exhibit L-II,” as appropriate.
4. Exhibit G-II and Exhibit L-II are attached hereto and hereby incorporated by reference into and made a part of the existing INFORMATION TECHNOLOGY Agreement No. 0530-95, as amended.
5. The parties agree that separate copies of this Amendment II to the existing INFORMATION TECHNOLOGY Agreement No. 0530-95 may be signed by each of the parties and this Agreement will have the same force and effect as if the original had been signed by all the parties.
6. Except as otherwise provided in this Amendment II, all other provisions of INFORMATION TECHNOLOGY Agreement No. 0530-95 as amended by Amendment I remain unchanged and in full force and effect. This Amendment II shall become effective upon execution.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment II to the Agreement as of the day and year first hereinabove written.
Electronic Data Systems, LLC
(formerly Electronic Data Systems Corporation)
Dated:____________________ By:_______________________________
Title:__________________________
ATTEST: COUNTY OF SANTA CLARA
_________________________ By:_______________________________
Chairperson, Board of Supervisors
Dated:____________________ _______________________________
ATTEST: COUNTY OF SAN MATEO
_________________________ By:_______________________________
Chairperson, Board of Supervisors
Dated:____________________ _______________________________
ATTEST: COUNTY OF SAN MATEO
_________________________ By:_______________________________
Chairperson, Board of Supervisors
Dated:____________________ _______________________________
ATTEST: COUNTY OF SAN DIEGO
_________________________ By:_______________________________
Chairperson, Board of Supervisors
Dated:____________________ _______________________________
ATTEST: COUNTY OF SONOMA
_________________________ By:_______________________________
Chairperson, Board of Supervisors
Dated:____________________ _______________________________
ATTEST: COUNTY OF TULARE
_________________________ By:_______________________________
Chairperson, Board of Supervisors
Dated:____________________ _______________________________
ATTEST: COUNTY OF SANTA CRUZ
_________________________ By:_______________________________
Administrator
Human Resources Agency
Dated:____________________ APPROVED AS TO FORM:
________________________________
County Counsel
ATTEST: COUNTY OF FRESNO
_________________________ By:_______________________________
Chairperson, Board of Supervisors
Dated:____________________ _______________________________
ATTEST: COUNTY OF SOLANO
_________________________ By:_______________________________
Chairperson, Board of Supervisors
Dated:____________________ _______________________________
ATTEST: CITY AND COUNTY OF SAN FRANCISCO
_________________________ By:_______________________________
President, Social Services Commission
Dated:____________________ _______________________________
ATTEST: COUNTY OF SAN LUIS OBISPO
_________________________ By:_______________________________
Chairperson, Board of Supervisors
Dated:____________________ By:_______________________________
Deputy County Counsel
ATTEST: COUNTY OF CONTRA COSTA
_________________________ By:_______________________________
Chairperson, Board of Supervisors
Dated:____________________ _______________________________
ATTEST: COUNTY OF PLACER
_________________________ By:_______________________________
Chairperson, Board of Supervisors
Dated:____________________ _______________________________
ATTEST: COUNTY OF ALAMEDA
_________________________ By:_______________________________
Chairperson, Board of Supervisors
Dated:____________________ _______________________________
ATTEST: COUNTY OF YOLO
_________________________ By:_______________________________
Chairperson, Board of Supervisors
Dated:____________________ _______________________________
ATTEST: COUNTY OF ORANGE
_________________________ By:_______________________________
Chairperson, Board of Supervisors
Dated:____________________ _______________________________
ATTEST: COUNTY OF SANTA BARBARA
_________________________ By:_______________________________
Chairperson, Board of Supervisors
Dated:____________________ _______________________________
ATTEST: COUNTY OF SACRAMENTO
_________________________ By:_______________________________
Chairperson, Board of Supervisors
Dated:____________________ _______________________________
ATTEST: COUNTY OF VENTURA
_________________________ By:_______________________________
Chairperson, Board of Supervisors
Dated:____________________ _______________________________