(AS Contact 16649)
AMENDMENT NUMBER 1
To
Request for Quotes No. 40-SASHostedSRC
‘This Amendment #1 amends the contract by and between the North Caroina Department of
Public Instruction (DPI) and SAS Institute Inc., 100 SAS Campus Drive, Cary, NC 27513
(SAS).
‘Whereas, the Parties entered into Contract Request for Quotes No, 40-SASHostedSRC.
effective as cf January 8, 2015 (as amended, the “Contract’);
WHEREAS, the Contract establishes a SAS hosted System for School Report Card data
(Schoo! Report Card System’); and
WHEREAS, the Contract limits the School Report Card System t> two computing
environments; and
WHEREAS, the Parties agree to amend the Contract to allow ‘or an additional
‘computing environment within the School Report Card System;
NOW THEREFORE, for and in consideration of the mutual promises and other good and
valuable consideration set forth hereinafter, DPI and SAS hereby amend the Contract as
follows.
1. The recitals set forth above are incorporated into and made a part of this Amendment.
Capitalized terms used herein and not otherwise defined shall have the meanings
‘ascribed fo them in the Contract.
2. Attachment Two (titled RFQ Attachment Two: Order Form) to the Contract is amended
to provide that SAS wil provide three (3) hosted environments, and tat the three (3)
Provided hosted environments shall be: one (1) production environment, one (1) test
environment, and one (1) development environment, all to be used by Users solely for
the beneft of DPI for the Purpose already identified in the Contract,
3. This is a no fee Amendment; SAS will not charge any fees to OPI wih regard to this
‘Amendment.
4, Iran Divesiment Act: Pursuant to N.C.G.S. 147-8655 et seq, the State shall nat enter into
‘2 Contrac: unless the awarded Vendor provides a certification of compliance with the Iran
Divestmert Act to the awarding agency, and on a periodic basis thereafter as may be
required ty the State. Vendors are directed to review the foregoing laws. The iran(AS Conta #7660)
Divestment Act Certification Form must be completed by SAS and is incorporated into the
Contract
5. Pursuant to N.C.G.S. § 1498-1360(n1), the Parties hereby amend the Contract as folows:
2) Section 9.2 of RFQ Attachment One: Hosting Agreement attached
to the Contract (Limitation of Liability) is amended to refer to two (2)
limes the Fees paid for the Hosting Services or Addiional Services
rather than one (1) times such fees, such that Section 9.2 shall state
“THE TOTAL AMOUNT CUSTOMER MAY RECOVER FOR ALL CLAIMS
RELATING TO THE AGREEMENT IS LIMITED IN THE AGGRECATE 0 TWO
(2) TIMES THE FEES PAID FOR THE HOSTING SERVICES OR ADDITIONAL.
SERVICES AT ISSUE" DURING THE TWELVE (13) MONTH PERIOD
IMMEDIATELY PRECEDING THE DATE WHEN THE CLAIM AROSE, OR FIFTY.
‘THOUSAND DOLLARS (30,10) (US), WHICHEVER IS GREATER’
2) Section 0.8 of RFQ Attachment One: Hosting Agreennenl lated
to the Contract (Applicabilty) is amended 'o provide that the foregoing
limitation of tabilty shall not apply to claims for physical injury to
Persons, damage to tangible personal property, of to lability of SAS for
Intentional or wilful misconduct. This imitation of labilty does not
apply to contributions among joint tortleasors under N.C.G'S. 18-1 et
8e0,, or SAS' liabilly directly to third partes,
All Terms and Consitions of the Contract not expressly modified by this Amendment #1 remain
in full force and effect. This Amendment #1 becomes effective upon execution by the
authorized officials as ofthe date incicated below,
SIGNATURE PAGE FOLLOWS](SAS Consac7558)
INWITNESS THEREOF, the Parties have executed this Amendment on the day and year
set forth below.
NORTH CAROLINA STATE BOARD OF EDUCATION (acting on behalf of North
en of Pug Instruction}
By:
‘Adam Levinson
Chiet Financial Officer
Date: fafa
NC Superintendent/of Public Instruction,
‘on behalf of the State Board of Education following approval by the Chief
Fjnapeial Oftcer pursuant io Board Poices SBOP013 and CNTR-002
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can _ serSAS Contact No 75649
Amendment 1 foRFQ No 40.SASHosted SRC.
IRAN DIVESTMENT ACT CERTIFICATION
REQUIRED BY GS. 147-8659
LAs ofthe date written below, the undersigned certifies that:
4) He or she is authorized by SAS Insitute Ine, to make this cerification, and
1) SAS Institute Inc, as a person defined in GS, 147-86.57(6) it not curenly identified by
pursuant to G'S. 147-86 58(1)
BH NV
shy 24,2017
Signature Dare
Vitra P. Clayton Sevier Manager, Contacts Adminitation
Printod Name Tile
or
2. As ofthe date writen below, the undersigned certs tha:
8) He or she is authorized by SAS Institute Ine. to make this erificaton, and
) SAS Insitute Inc, asa person defind in G'S, 147-86.57(6 is identified by the State
‘Treasurer pursuant to GS. 147-86 58(1)
Signature Date
Printed Name Tile
And:
3. SAS Insitute Inc. claims an exception from the restrictions on Site contracts under the Ian
Divestment Act pursuant to G'S. 147-8661, and submits relevant materials sporting ils