AMENDMENT TO AGREEMENT

BETWEEN THE COUNTY OF SAN MATEO AND
DOCUMENT FULFILLMENT SERVICES

THIS AMENDMENT TO THE AGREEMENT, entered into this _____ day of _______________, 20_____, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and Document Fulfillment Services, 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, on December 12, 2006 the parties entered into an Agreement in the amount of $225,000 for the term of January 1, 2007 to June 30, 2008 by Resolution 069539 for the pickup of DVD data disks, printing, folding, stuffing, and mailing of client correspondence generated by the software system resulting from the County of San Mateo Human Services Agency’s migration to the CalWORKs Information Network (CalWIN); and

WHEREAS, the parties wish to amend the Agreement to increase funding by $170,000 to $565,000 and extend the term for an additional year to June 30, 2010 to continue to provide printing services for CalWIN.

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

1.

Section 3 of the Agreement 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 "B1." 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 Five Hundred Sixty Five Thousand Dollars, $565,000.

2.

Section 4 of the Agreement is amended to read as follows:

Subject to compliance with all terms and conditions, the term of this Agreement shall be from January 1, 2007 through June 30, 2010.

This Agreement may be terminated by Contractor, the Director of Human Services Agency 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.

4.

Original Exhibit B1 is hereby replaced with Exhibit B1 Revised 05/09, which is attached hereto and incorporated by reference here in.

5.

All other terms and conditions of the original Agreement dated December 12, 2006, between the County and Contractor shall remain in full force and effect.

In consideration of the services provided by Contractor in Exhibit “A”, County shall pay Contractor, up to the maximum amounts listed below:

Payment to the Contractor will be upon submittal and approval of a detailed weekly invoice to HSA’s Director of Information and Quality Management or her designee.

Postage will be invoiced one quarter in advance for the next month at a rate of $21,500 per quarter for a total of $86,000 per year. If residual funds are available from the previous postage estimate, they shall be applied towards future postage invoices. Cost breakdown for contract terms is estimated as follows:

For Services $84,000

(rate of $.0455 per image, per side for nightly batch mailings, rate of $.10 per image, per side outside of nightly batch mailings plus $85 setup fee, rates include 8.75% tax on envelopes and other materials)

U.S. Postal Service per month $86,000

(Postage scheduled to go up ~$.01 by May 09, rate of $21,500 per quarter)

Total Amendment 2 (7/1/09-6/30/10) $170,000

Total Amendment 1 (7/1/08-6/30/09) $170,000

Total Original Agreement (1/1/07-6/30/08) $225,000

Total Agreement Amount $565,000

The County may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits based on the need for services and upon unavailability of Federal, State, or County funds, by providing 30 day’s written notice to Contractor.