CherryRoad A1.pdf

AMENDMENT NO.: 1

Contract Amendment

CLOUD SOLUTIONS

Alternate Contract Source No. 43230000-NASPO-16-ACS

This Amendment (“Amendment”) to the Cloud Solutions Contract No. 43230000-NASPO-16- ACS (“Contract”), effective as of the last date upon which this Amendment is signed by all parties, between the State of Florida, Department of Management Services (“Department”) and CherryRoad Technologies (“Contractor”) are collectively referred to herein as the “Parties.” All capitalized terms used herein shall have the meaning assigned to them in the Participating Addendum unless otherwise defined herein.

WHEREAS the Parties agreed that the Contract may be amended by mutual agreement as provided in section 6, “Amendments,” of the Contract;

THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following:

I. Contract Amendment. The contract is hereby amended to delete the sentence below in section 3(a) of the Participating Addendum:

In accordance to 74-3.004, F.A.C., Agency requests for Infrastructure as a Service (IaaS) must be submitted via a Service Request to the State Data Center.

II. Contract Amendment. The Contract is hereby amended to delete and replace in its entirety section 3(d), Access to Cloud Solutions Services Requires State CIO Approval, contained in the Participating Addendum with the following:

d. Purchase of Infrastructure Related Services Requires AST Approval: Pursuant to section 282.201(5) F.S., State agency requests for Infrastructure as a Service must be submitted to the state data center, in accordance with Rule 74-3.004, F.A.C. This requirement applies to state agencies as defined in Section 282.0041(23) F.S., in accordance with the limitations set forth in Section 282.201(5) F.S.

III. Contract Amendment. The Contract is hereby amended to revise section 6.6 of Exhibit A in the Participating Addendum to correct the administrative rule reference from “Chapter” to “Title”.

The revised sentence shall now read:

Vendors agree to cooperate with the state agency in furtherance of the state agency’s efforts to comply with AST standards, established in Rule Title 74, F.A.C, as applicable.

IV. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control.

V. Warranty of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party.

VI. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect.