25Q - PROCESSING WC AND LIABILITY CLAIMS

Home Browse Search

FIRST AMENDMENT TO VALLEY OAK SYSTEMS SOFTWARE LICENSE, MAINTENANCE AND SUPPORT AGREEMENT THIS FIRST AMENDMENT, made and entered into this 8~' day of August, 2009, by and between, VALLEY OAK SYSTEMS, INC., ("VOS") and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), collectively referred to herein as "the Parties". RECITALS A. The Parties entered into that certain agreement entitled "SOFTWARE MAINTENANCE AND SUPPORT AGREEMENT", dated February 20, 2007, (hereinafter "said Agreement"), for maintenance and support services for the VOS workers' compensation and liability claims software utilized by the City's Personnel Agency, Risk Management Division. B. The Parties now desire to amend said Agreement to provide continuous service under the terms of said Agreement and to include the provision of a new module designed to assist the City in complying with Medicare and Medicaid reporting requirements. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. Section 1, MAINTENANCE AND SUPPORT SERVICE, shall be amended to add subsection "e", which shall read: "VOS shall provide its CMS Module which allows the City to comply with Medicare and Medicaid reporting requirements, as set forth in Exhibit A-l, attached hereto and incorporated by this reference." 2. Section 3.a, TERM AND TERMINATION, shall be amended to extend the term for an additional one-year period, through September 30, 2010. The term may be extended for up to five additional one-year periods, at the option of the City. 3. Section 4, FEES AND CHARGES, shall be deleted in its entirety and replaced with the following: "a. The fee for the maintenance and support services provided for herein shall not exceed $29,932.93, during the first one year extension of said Agreement. It is hereby agreed that the renewal rate for this Maintenance Agreement shall either be the same as the current year's rate or at an increase not to exceed the Consumer Price Index (CPI) Los Angeles - Riverside -Orange County area. b. City agrees to pay and VOS agrees to accept, as full payment for the purchase of the CMS Module, aone-time fee of $15,000. Annual maintenance and support for the CMS Module shall not exceed $5,625.00 during the 2009-10 Agreement term. It is hereby agreed 25Q-3