AMENDMENT TO AGREEMENT

BETWEEN THE COUNTY OF SAN MATEO AND

NEOFORMA, INC.

 

THIS AMENDMENT TO THE AGREEMENT, entered into this _____ day of _______________, 2007, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and NEOFORMA, INC. which is now known as Shellsoft, Inc. 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 services such as those provided by Contractor to or for County or any Department thereof;

 

WHEREAS, on February 25, 2003, the parties entered into an Agreement pursuant to which Contractor provides a materials management information system to San Mateo Medical Center, which was approved by Resolution Number 65835; and

 

WHEREAS, Neoforma, Inc. has been acquired by Shellsoft, Inc.; and

 

WHEREAS, the County desires to authorize assignment of the Agreement to Shellsoft, Inc.; and

 

WHEREAS, the parties wish to amend the Agreement as set forth below

 

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

   

1.

All references to “Neoforma, Inc.” in the Agreement are amended to read “Shellsoft, Inc.” and all obligations of Neoforma, Inc. set forth on the Agreement are hereby assumed by Shellsoft, Inc.

   

2.

The following language related to the County’s Contractor Employee Jury Service Ordinance is added as Paragraph 9.9 in Section 9. Miscellaneous of the Agreement.

     
 

9.9.

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.

All other terms and conditions of the Agreement dated February 25, 2003, between the County and Contractor, shall remain unchanged and in full force and effect.

 

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

 
 

COUNTY OF SAN MATEO

 
 

By:

 

Rose Jacobs Gibson, President

Board of Supervisors

San Mateo County

 
 

Date:

 

ATTEST:

 

By:

Clerk of Said Board

 

SHELLSOFT, INC.

 
 
 

Contractor’s Signature

 

Date: