FOURTH AMENDMENT TO THE AGREEMENT BETWEEN

THE COUNTY OF SAN MATEO AND
EL CENTRO DE LIBERTAD

THIS FOURTH AMENDMENT TO THE AGREEMENT, entered into this _____ day of _______________, 20_____, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and EL CENTRO DE LIBERTAD, hereinafter called "Contractor";

W I T N E S S E T H:

WHEREAS, pursuant to Government Code, Section 31000, County may contract with independent contractors for the furnishing of such services to or for County or any Department thereof;

WHEREAS, it is necessary and desirable that Contractor be retained for the purpose of providing court mandated alcohol/drug testing.

WHEREAS, the parties entered into an Agreement on July 1, 2002 wherein the El Centro de Libertad agreed to provide court ordered mandated alcohol/drug testing to Children and Family Services clients referred by the Social Workers for the term of July 1, 2002 through June 30, 2004 for a maximum payment amount of $17,788; and

WHEREAS, this Agreement has been amended on three previous occasions to increase the amount by a total of $82,000 bring the total contract obligation to $99,788 and extending the term to June 30, 2007 for the purpose of continuing court mandated alcohol/drug testing for clients; and

WHEREAS, the parties wish to further amend the Agreement for El Centro de Libertad to continue providing court ordered mandated alcohol/drug testing and to add $31,000 for FY 2005-06 and FY 2006-07, for a new total maximum obligation of $130,788 and

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

1.

Paragraph 3 (“Payments”) is hereby amended and restated in its entirety as follows:

In consideration of the services provided by Contractor in accordance with all terms, conditions and specifications set forth herein and in Exhibit "A," County shall make payment to Contractor based on the rates and in the manner specified in Exhibit "A." In the event that the County makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the County at the time of contract termination. The County reserves the right to withhold payment if the County determines that the quantity or quality of the work performed is unacceptable. In no event shall the County’s total fiscal obligation under this Agreement exceed ONE HUNDRED THIRTY EIGHT THOUSAND SEVEN HUNDRED EIGHTY EIGHT DOLLARS ($130,788).

2.

Paragraph 16 is hereby added as follows:

Compliance with Contractor Employee Jury Service Ordinance. Contractor shall comply with the County Ordinance with respect to provision of jury duty pay to employees and have and adhere to a written policy that provides that its employees shall receive from the contractor, on an annual basis, no less than five days of regular pay for actual jury service in San Mateo County. The policy may provide that employees deposit any fees received for such jury service with the contractor or that the contractor deduct from the employees regular pay the fees received for jury service.

3.

Paragraph II.D. of Exhibit A is hereby amended and replaced in its entirety as follows:

The maximum amount County shall be obligated to pay Contractor for these services shall not exceed ONE HUNDRED THIRTY THOUSAND SEVEN HUNDRED EIGHTY EIGHT DOLLARS ($130,788).

4.

All other terms and conditions of the Agreement dated July 1, 2002 and subsequent amendments shall remain in full force and effect.

5.

This Amendment, including any exhibits attached hereto, constitutes the entire understanding of the parties hereto with respect to the fourth amendment to the parties’ Agreement and correctly states the rights, duties, and obligations of each party as of this document’s date. Any understandings, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall not be effective unless set forth in a writing executed by both parties.

IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.

COUNTY OF SAN MATEO

By:

Jerry Hill, President, Board of Supervisors,

San Mateo County

Date:

ATTEST:

By:

Clerk of Said Board

George Borg, Executive Director

El Centro de Libertad

Contractor’s Signature

Date: