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AMENDMENT NO. 1 TO AGREEMENT
BETWEEN THE COUNTY OF SAN MATEO AND
MEDIWARE INFORMATION SYSTEMS, INC.
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THIS AMENDMENT TO THE AGREEMENT, entered into this _____ day of _______________, 20_____, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and MEDIWARE INFORMATION SYSTEMS, INC., hereinafter called "Contractor";
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W I T N E S S E T H:
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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;
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WHEREAS, parties entered into an Agreement for the purpose of providing San Mateo Medical Center (SMMC) with a blood bank information system on August 16, 2005, by Resolution 067500; and
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WHEREAS, the parties wish to amend the Agreement to extend the term by three years to August 31, 2011 and increase the amount by $100,000.
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NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:
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1.
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Section 3, Payments, of the Agreement is amended in its entirety to read as follows:
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3.
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Payments
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In consideration of the of the Goods and 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”. In no event shall the County’s total fiscal obligation for the Goods and Services as defined under this Agreement exceed THREE HUNDRED THIRTY ONE THOUSAND FOUR HUNDRED TWENTY NINE DOLLARS ($331,429.00). To the extent County requires any changes to the Goods or the Services specified
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on Exhibit A, such as changes affecting the number of licenses to the Licensed Software, changes to the scope or schedule of Services as defined in the Implementation Workplan set forth in such Exhibit, including a change to the parties’ respective roles and responsibilities, changes to configuration of or the amount of Hardware, or any other changes from the assumptions and agreements set forth in this Agreement, the amount of Fees will increase in accordance therewith.
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2.
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The first paragraph of Section 4, Term and Termination, of the Agreement is amended to read as follows:
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Subject to compliance with all terms and conditions, the term of this Agreement shall be from September 1, 2005 through August 31, 2011.
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3.
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The following language related to the County’s Contractor Employee Jury Service Ordinance is added as Paragraph 16, Jury Service, of the Agreement:
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16.
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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 employee’s regular pay the fees received for jury service.
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