Alliance_MMA7513_AMD_4_Final_Fully_Executed.pdf

Alliance Enterprises, Inc. MMA7513, Amendment 4 Page 1 of 3

Version 7/23

SOFTWARE MASTER MAINTENANCE AGREEMENT (MMA7513)

AMENDMENT 4

This Amendment 4 to contract #MMA7513 (the “Amendment”) is between the State of Ohio, Department of Administrative Services (the “State”) and Alliance Enterprises, Inc. (the “Contractor”). This Amendment changes the terms of the Software Master Maintenance Agreement (MMA7513) (the “Contract”).

WHEREAS, the State and the Contractor entered into the Contract on May 29, 2015; and

WHEREAS, the State has determined that timeframes are required to address support ticket severity levels, communication for future software releases, and fee at risk; and

WHEREAS, the State and Contractor determined that an amendment is necessary to address certain revisions to the Contract.

NOW, THEREFORE, the Contract is amended as follows:

1. In Attachment C of the Contract, change the following:

a. The last sentence of Paragraph 3.1 Error Classification, is deleted and replaced with the following:

“Error severity must be classified and mutually agreed upon by the Contractor and the State as

Severity 1 – Critical, Severity 1 – High, Severity 2 – Medium, Severity 3 – Low, or Agency-introduced, as follows:”

b. The second sentence of Paragraph 3.2(i) Severity 1-Critical, is deleted and replaced with the following: “The Contractor shall respond to the Agency within four hours after receipt of the Support Request and will work with the Agency to verify the Error.”

c. Add the following sentence to Paragraph 3.2(i) Severity 1-Critical: “Functions that are essential to the day-to-day operations of the Agency, as defined by the Agency, shall be resolved within two business days.”

d. Add the following sentence to Paragraph 3.2(ii) Severity 1-High: “Severity 1-High level Errors shall be resolved in 90 days after Verification.”

e. Add the following sentence to Paragraph 3.2(iii) Severity 2-Medium: “Severity 2 Errors shall be resolved in 180 days after Verification.”

f. Add the following as new section 3.3:

3.3 Fee at Risk. The State will hold back up to a maximum of ten percent of payment for each invoice as the Fee at Risk for any outstanding maintenance and support Errors. The State will release the Fee at Risk when the outstanding support or maintenance Errors during the period of service on the Contractor’s invoice are resolved within the timeframes specified below and subject to the terms and conditions of this section and the Contract. The Contractor may submit a Fee at Risk invoice for the appropriate portion of the Fee at Risk withheld (pursuant to the below table) within 30 days of the timely resolution of the outstanding Errors, which will be paid to the Contractor subject to the terms and conditions of this section and the Contract.

The State may keep the portion of the Fee at Risk in the table below and, if applicable, reject the invoice for the Fee at Risk if the associated Errors are not resolved according to the following schedule:

Alliance Enterprises, Inc. MMA7513, Amendment 4 Page 2 of 3

Severity Verification Time to Resolve

Release Total Days

Percent Fee at Risk Per Error

Critical 4 hours -2 days - 2 days 10% High 5 days 15 days 45 days 65 days 5%

Medium 7 days 30 days 90 days 127 days

1%

The Contractor must submit a root Cause analysis and corrective action plan for each Error within five business days of notification of the Error. The State reserves the right to seek any other remedies under this Contract.

g. Add the following sentence to Paragraph 4.1(ii)(b): “The Contractor agrees to communicate to the State, via e-mail, when an open support issue will be addressed and resolved in a future release (release name/number and date).”

This Amendment shall become effective as of the date of the State’s signature and shall remain in full force and effect for the term of the Contract. Except as modified by this Amendment, all other terms, conditions and pricing of the Contract shall remain the same and in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates appearing below.

ALLIANCE ENTERPRISES, INC STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

By: By:

Name: Karen Dunn Name: Kathleen C. Madden

Title: CEO Title: Director

Date: Date:

Alliance Enterprises, Inc. MMA7513, Amendment 4 Page 3 of 3

SUMMARY OF AMENDMENTS

Amendment Number

Effective Date Description

4 2/14/24 Amend Attachment C service level agreement and address support ticket severity settings.

3 09/24/2021 Amend Attachment C, removal of AWARE VR License Amendment in its entirety and add Amendment section (Section 41).

2 09/24/2019

Contract Renewal for SFY20-21 and updates to the following sections: Definitions, Equal Employment Opportunity, Boycotting, Registration with the Secretary of State, Expenditure of Offshore Services and eProcurement.

1 4/06/2017 Contract Renewal for SFY18-19 and updates to the Expenditure of Offshore Services and Boycotting language.