FIRST AMENDMENT TO AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND ENVIRONMENTAL SCIENCE ASSOCIATES
THIS FIRST AMENDMENT TO THE AGREEMENT, entered into this _____ day of _______________, 20_____, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and Environmental Science Associates, 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; and
WHEREAS, the parties entered into an Agreement for environmental consulting services for the preparation of Draft and Final Environmental Impact Reports (EIR) for the Clos de la Tech Winery project on March 1, 2005; and
WHEREAS, the parties wish to amend the Agreement to add additional funding in the amount of $67,600 and extend the term to December 31, 2008.
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:
1.	Paragraph 3, Payments, is amended to read 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 “B.” 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 Two Hundred Fifty-Nine Thousand Two Hundred and Fifteen Dollars ($259,215).
2.	Paragraph 4, Term and Termination, is amended to read as follows:
	Subject to compliance with all terms and conditions, the term of this Agreement shall be from March 1, 2005 through December 31, 2008.
	This Agreement may be terminated by Contractor, the Director of Community Development or his/her designee at any time without a requirement of good cause upon thirty (30) days’ written notice to the other party.
	In the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and materials (hereafter referred to as materials) prepared by Contractor under this Agreement shall become the property of the County and shall be promptly delivered to the County. Upon termination, the Contractor may make and retain a copy of such materials. Subject to availability of funding, Contractor shall be entitled to receive payment for work/services provided prior to termination of the Agreement. Such payment shall be that portion of the full payment which is determined by comparing the work/services completed to the work/services required by the Agreement.
3.	Paragraph 11(g), Compliance with Contractor Employee Jury Service Ordinance, is added to the Agreement to read as follows:
	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.
4.	Original Exhibit C is replaced with Revised Exhibit C1.
5.	All other terms and conditions of the Agreement dated March 1, 2005 between the County and Contractor shall remain in full force and effect.