20060606_a

FIRST AMENDMENT TO AGREEMENT

BETWEEN

THE COUNTY OF SAN MATEO

AND
THE CITY OF DALY CITY – DALY CITY COMMUNITY CENTER

TO PROVIDE CORE SAFETY NET SERVICES

THIS FIRST AMENDMENT TO THE AGREEMENT, entered into this _____ day of _______________, 2006, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and The City of Daly City – Daly City Community Center 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, the parties entered into an Agreement for the purpose of providing CORE Safety Net Services effective as of July 1, 2005;

WHEREAS, the parties wish to amend the Agreement to increase the amount by $17,738, for a total obligation of $115,507 to partially restore CORE Services Agencies to prior funding levels.

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

1.

“Section 1 - Exhibits and Attachments” is deleted and replaced in its entirety as follows:

The following exhibits and attachments are included hereto and incorporated by reference herein:

Exhibit A—Program/Project Description

Exhibit B1—Method and Rate of Payment (rev. 04/06)

Exhibit C—Equal Benefits Compliance Declaration Form

Exhibit D—Monitoring

Attachment I—§504 Compliance

2.

“Section 2 - Services to be performed by Contractor” is deleted and replaced in its entirety as follows:

In consideration of the payments set forth herein and in Exhibit “B1,” Contractor shall perform services for County in accordance with the terms, conditions and specifications set forth herein and in Exhibit “A.”

3.

“Section 3 – Payments” of the Agreement is deleted and replaced 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 “B1.” The County reserves the right to withhold payment if the County determines that the quantity of the work performed is unacceptable. In no event shall the County’s total fiscal obligation under this Agreement exceed One Hundred Fifteen Thousand Five Hundred Seven Dollars ($115,507).

4.

“Section 11 – Non-Discrimination and Other Requirements” – Item “G” is added to the Agreement to read 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.

5.

Exhibits

The original Exhibit B, Method and Rate of Payment, is replaced with Revised Exhibit B1, (rev. 4/6/06) and, effective as of the date of this Amendment, all references to Exhibit B shall refer to Exhibit B1.

6.

All other terms and conditions of the Agreement dated July 1, 2005, between the County and Contractor shall remain in full force and effect.

7.

This Amendment, including any exhibits attached hereto, constitutes the entire understanding of the parties hereto with respect to the 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

City of Daly City – Daly City Community Center

Patricia E. Martel, City Manager

333 90^th Street

Daly City, CA 94015-1895

Contractor’s Signature

Date:


FIRST AMENDMENT TO AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND THE CITY OF DALY CITY – DALY CITY COMMUNITY CENTER TO PROVIDE CORE SAFETY NET SERVICES

THIS FIRST AMENDMENT TO THE AGREEMENT, entered into this _____ day of _______________, 2006, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and The City of Daly City – Daly City Community Center 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, the parties entered into an Agreement for the purpose of providing CORE Safety Net Services effective as of July 1, 2005;

WHEREAS, the parties wish to amend the Agreement to increase the amount by $17,738, for a total obligation of $115,507 to partially restore CORE Services Agencies to prior funding levels.

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

1.	“Section 1 - Exhibits and Attachments” is deleted and replaced in its entirety as follows: The following exhibits and attachments are included hereto and incorporated by reference herein: Exhibit A—Program/Project Description Exhibit B1—Method and Rate of Payment (rev. 04/06) Exhibit C—Equal Benefits Compliance Declaration Form Exhibit D—Monitoring Attachment I—§504 Compliance

2.	“Section 2 - Services to be performed by Contractor” is deleted and replaced in its entirety as follows: In consideration of the payments set forth herein and in Exhibit “B1,” Contractor shall perform services for County in accordance with the terms, conditions and specifications set forth herein and in Exhibit “A.”

3.	“Section 3 – Payments” of the Agreement is deleted and replaced 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 “B1.” The County reserves the right to withhold payment if the County determines that the quantity of the work performed is unacceptable. In no event shall the County’s total fiscal obligation under this Agreement exceed One Hundred Fifteen Thousand Five Hundred Seven Dollars ($115,507).

4.	“Section 11 – Non-Discrimination and Other Requirements” – Item “G” is added to the Agreement to read 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.

5.	Exhibits
	The original Exhibit B, Method and Rate of Payment, is replaced with Revised Exhibit B1, (rev. 4/6/06) and, effective as of the date of this Amendment, all references to Exhibit B shall refer to Exhibit B1.

6.	All other terms and conditions of the Agreement dated July 1, 2005, between the County and Contractor shall remain in full force and effect.

7.	This Amendment, including any exhibits attached hereto, constitutes the entire understanding of the parties hereto with respect to the 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

City of Daly City – Daly City Community Center
Patricia E. Martel, City Manager
333 90^th Street
Daly City, CA 94015-1895


Contractor’s Signature


Date: