AMENDMENT NO. 2 TO AGREEMENT

BETWEEN THE COUNTY OF SAN MATEO AND
SHELLSOFT, INC.

 

THIS AMENDMENT TO THE AGREEMENT, entered into this _____ day of _______________, 20_____, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and 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 such services to or for County or any Department thereof; and

 

WHEREAS, the County and Neoforma entered into an Agreement for the purpose of providing San Mateo Medical Center (SMMC) with a Materials Management Information System on February 25, 2003, by Resolution Number 065835; and

 

WHEREAS, on January 29, 2007, the County was notified that ShellSoft, Inc. acquired Neoforma and a prior Amendment to the Agreement reflecting the change in ownership was approved by Resolution Number 068867; and

 

WHEREAS, the parties wish to amend the Agreement to add $97,536 to the not-to-exceed amount, for a new total obligation of $482,536, and extend the term to June 30, 2009;

 

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

   

1.

Section 5.1 of the “Access Agreement” part of the Agreement is amended to read as follows (replacing the prior language for Section 5.1):

 

5.1 Term: The term of this Agreement is February 28, 2003 through June 30, 2009.

2.

“Exhibit A: Services; Fees” of the “Access Agreement” part of the Agreement is amended to add the following language below “Year 5 – Monthly Access Fee”:

 

Year 6 – Monthly Access Fee $6,096 (Total Monthly Access Fee) includes ongoing maintenance and support.

3.

“Exhibit A: Services; Fees” of the “Access Agreement” part of the Agreement is amended to read as follows (replacing the statement “In no event, shall total payment for services under this Agreement exceed $385,000.”):

In no event shall total payment for services under this Agreement exceed $482,536.

4.

All other terms and conditions of the Agreement dated February 25, 2003, between the County and Contractor, as amended on January 29, 2007, 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:

 

Adrienne J. Tissier, President

Board of Supervisors, San Mateo County

 
 

Date:

 

ATTEST:

 
 

By:

Clerk of Said Board

 

SHELLSOFT, INC.

 
 
 

Contractor’s Signature

 

Date: