AMENDMENT NO. 1 TO AGREEMENT
BETWEEN THE COUNTY OF SAN MATEO AND
SYSAPPROACH, INC.

 

THIS AMENDMENT TO THE AGREEMENT, entered into this _____ day of _______________, 2009, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and SYSAPPROACH, 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;

 

WHEREAS, the parties entered into an Agreement for consulting services relating to the mainframe migration on September 3, 2008;

 

WHEREAS, the parties wish to amend the Agreement to add up to ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000), for a new total maximum obligation of TWO HUNDRED THIRTY-EIGHT THOUSAND FOUR HUNDRED DOLLARS ($238,400), and to extend the term of the Agreement to December 31, 2009.

 

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

   
   

1.

Section 2 of the Agreement is amended to read as follows:
The term of this Agreement shall be from September 3, 2008, to December 31, 2009, unless terminated earlier by the County.

   

2.

Section 3 of the Agreement is amended to read as follows:

In consideration of the services rendered in accordance with all terms, conditions and specifications set forth herein and in Exhibit “A”, County shall make payment to Contractor in the manner specified herein and in Exhibit “A”. In the event that the County makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the County at the time of contract termination. The County supervising representative may refuse to sign contractor’s time sheets due to the quantity or quality of work performed deemed sub par. As such, the County will not honor invoices by Contractor without a County supervisor-signed time sheet included with the invoice from Contractor. In no event shall the total payment for services under this Agreement exceed TWO HUNDRED THIRTY-EIGHT THOUSAND FOUR HUNDRED DOLLARS ($238,400).

   
   

3.

Section II, Amount and Method of Payment, of Exhibit “A” to the Agreement is amended to read as follows:

   
 

PROFESSIONAL SERVICES Maximum fiscal obligation: $238,400

   
 

County will pay Contractor at the rate of $85 per hour.

   
 

Contractor will invoice on a bi-weekly basis. The County will submit payment within thirty (30) days of receipt of invoice.

   
 

In no event shall the total payment for services under this Agreement exceed TWO HUNDRED THIRTY-EIGHT THOUSAND FOUR HUNDRED DOLLARS ($238,400). The County supervising representative may refuse to sign contractor’s time sheets due to the quantity or quality of work performed deemed sub par. As such, the County will not honor invoices by Contractor without a County supervisor-signed time sheet included with the invoice from Contractor.

   

4.

All other terms and conditions of the Agreement dated September 3, 2008, between the County and Contractor shall remain 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:

 

Mark Church, President,

Board of Supervisors, San Mateo County

 
 

Date:

 

ATTEST:

 

By:

Clerk of Said Board

 

SysApproach, Inc.

 
 

Contractor’s Signature

 

Date: