Common use of AMENDMENTS TO APPENDIX B Clause in Contracts

AMENDMENTS TO APPENDIX B. The Parties agree that Appendix B, setting forth the General Specifications for Centralized Contracts is amended as follows: A. Section 5 (Definitions) is amended by adding the following defined term thereto: (1) ALTERNATE CHANNEL PARTNERS Any model for distribution of Product other than direct from the Contractor. Alternate Channel Partners include but are not limited to Resellers, Distributors and Agents. (2) HARDWARE MAINTENANCE Services that protect the computer hardware including fixes and upgrades. This includes extended warranty services such as on-site maintenance (Contractor will dispatch a Contractor representative to Agency or Authorized User’s site) or depot repair services (Contractor will designate a site for pick up and delivery of hardware for maintenance services). (3) MICROCOMPUTER Computer(s) that uses a microprocessor for its central processing unit, including but not limited to, desktop computers, laptop computers and personal computers. (4) RELATED SOFTWARE Software that is related to the Assistive Technology Product Types and Disability Groups listed in the table in Section 3 and is either (a) required for hardware setup, or to take full advantage of all features of hardware acquired under this contract; (b) Assistive Technology software designed for use by persons with disabilities; (c) Operating system software purchased with or included with the Integrated Microcomputer System (IMS) purchase, such as Windows, UNIX, Linux and Apple OS; or (d) Third Party software that meets the requirements of Section 3, and has been pre-approved by OGS for inclusion in the Contract pricelist. The above categories (a) and (c) must be acquired and delivered at the time of the hardware purchase. Category (d), Third Party Software, must also be acquired and delivered at the time of the hardware purchase, unless the software can also be classified as category (b), Assistive Technology software. (5) INTEGRATED MICROCOMPUTER SYSTEM (IMS) A laptop or desktop personal microcomputer that has been modified for use by persons with disabilities via integration of Assistive Technology devices (hardware and software), that meets the Authorized User’s form, function and utility. Appendix E, (Submission #8) includes three example IMS configurations and does not reflect predetermined volume purchases by an Authorized User. B. Section 62 (Contract Billings) is deleted and replaced with the following: CONTRACT BILLINGS AND PAYMENTS ▇. ▇▇▇▇▇▇▇▇. Contractor and the dealers/distributors/resellers designated by the Contractor, if any, shall provide complete and accurate billing invoices to each Authorized User in order to receive payment. Billing invoices submitted to an Authorized User must contain all information required by the Contract and the State Comptroller or other appropriate fiscal officer. Submission of an invoice and payment thereof shall not preclude the Commissioner from requesting reimbursement or demanding a price adjustment in any case where the Product delivered is found to deviate from the terms and conditions of the Contract or where the billing was inaccurate. b. Payment of Contract purchases made by an Authorized User when the State Comptroller is responsible for issuing such payment. The Authorized User and Contractor agree that payments for invoices submitted by the Contractor shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner’s sole discretion, due to extenuating circumstances. Such electronic payments shall be made in accordance with ordinary State procedures and practices. The Contractor shall comply with the State Comptroller’s procedures to authorize electronic payments. Authorization forms are available at the State Comptroller website at ▇▇▇.▇▇▇.▇▇▇▇▇.▇▇.▇▇, by e-mail at ▇▇▇▇▇▇@▇▇▇.▇▇▇▇▇.▇▇.▇▇, or by telephone at ▇▇▇-▇▇▇-▇▇▇▇. Contractor acknowledges that it will not receive payment on any invoices submitted under this Contract that are payable by the State Comptroller if it does not comply with the State Comptroller’s electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above. c. Payment of Contract purchases made by an Authorized User when the State Comptroller is not responsible for issuing such payment. The Authorized User and Contractor agree that payments for such Contract purchases shall be billed directly by Contractor on invoices/vouchers, together with complete and accurate supporting documentation as required by the Authorized User. Such payments shall be as mandated by the appropriate governing law from the receipt of a proper invoice. Such Authorized User and Contractor are strongly encouraged to establish electronic payments.

AMENDMENTS TO APPENDIX B. The Parties agree that Appendix B, setting forth the General Specifications for Centralized Contracts is amended as follows: A. Section 5 (Definitions) is amended by adding the following defined term thereto: (1) : ALTERNATE CHANNEL PARTNERS Any model for distribution of Product other than direct from the Contractor. Alternate Channel Partners include but are not limited to Resellers, Distributors and Agents. (2) . HARDWARE MAINTENANCE Services that protect the computer hardware including fixes and upgrades. This includes extended warranty services such as on-site maintenance (Contractor will dispatch a Contractor representative to Agency or Authorized User’s site) or depot repair services (Contractor will designate a site for pick up and delivery of hardware for maintenance services). (3) . MICROCOMPUTER Computer(s) that uses a microprocessor for its central processing unit, including but not limited to, desktop computers, laptop computers and personal computers. (4) . RELATED SOFTWARE Software that is related to the Assistive Technology Product Types and Disability Groups listed in the table in Section 3 and is either (a) required for hardware setup, or to take full advantage of all features of hardware acquired under this contract; (b) Assistive Technology software designed for use by persons with disabilities; (c) Operating system software purchased with or included with the Integrated Microcomputer System (IMS) purchase, such as Windows, UNIX, Linux and Apple OS; or (d) Third Party software that meets the requirements of Section 3, and has been pre-approved by OGS for inclusion in the Contract pricelist. The above categories (a) and (c) must be acquired and delivered at the time of the hardware purchase. Category (d), Third Party Software, must also be acquired and delivered at the time of the hardware purchase, unless the software can also be classified as category (b), Assistive Technology software. (5) . INTEGRATED MICROCOMPUTER SYSTEM (IMS) A laptop or desktop personal microcomputer that has been modified for use by persons with disabilities via integration of Assistive Technology devices (hardware and software), that meets the Authorized User’s form, function and utility. Appendix E, (Submission #8) includes three example IMS configurations and does not reflect predetermined volume purchases by an Authorized User. B. Section 62 (Contract Billings) is deleted and replaced with the following: CONTRACT BILLINGS AND PAYMENTS ▇. ▇▇▇▇▇▇▇▇. Contractor and the dealers/distributors/resellers designated by the Contractor, if any, shall provide complete and accurate billing invoices to each Authorized User in order to receive payment. Billing invoices submitted to an Authorized User must contain all information required by the Contract and the State Comptroller or other appropriate fiscal officer. Submission of an invoice and payment thereof shall not preclude the Commissioner from requesting reimbursement or demanding a price adjustment in any case where the Product delivered is found to deviate from the terms and conditions of the Contract or where the billing was inaccurate. b. Payment of Contract purchases made by an Authorized User when the State Comptroller is responsible for issuing such payment. The Authorized User and Contractor agree that payments for invoices submitted by the Contractor shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner’s sole discretion, due to extenuating circumstances. Such electronic payments shall be made in accordance with ordinary State procedures and practices. The Contractor shall comply with the State Comptroller’s procedures to authorize electronic payments. Authorization forms are available at the State Comptroller website at ▇▇▇.▇▇▇.▇▇▇▇▇.▇▇.▇▇, by e-mail at ▇▇▇▇▇▇@▇▇▇.▇▇▇▇▇.▇▇.▇▇, or by telephone at ▇▇▇-▇▇▇-▇▇▇▇. Contractor acknowledges that it will not receive payment on any invoices submitted under this Contract that are payable by the State Comptroller if it does not comply with the State Comptroller’s electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above. c. Payment of Contract purchases made by an Authorized User when the State Comptroller is not responsible for issuing such payment. The Authorized User and Contractor agree that payments for such Contract purchases shall be billed directly by Contractor on invoices/vouchers, together with complete and accurate supporting documentation as required by the Authorized User. Such payments shall be as mandated by the appropriate governing law from the receipt of a proper invoice. Such Authorized User and Contractor are strongly encouraged to establish electronic payments.: