HomeMy WebLinkAbout32755Agreement No . 14-123-2
AMENDMENT 2 TO AGREEMENT
2 THIS AMENDMENT 2 TO AGREEMENT (hereinafter "Amendment 2") is made and
3 entered into this ~day of Janu~~. 2018 , by and between COUNTY OF FRESNO , a
4 Political Subdivision of the State of California, Fresno, California (hereinafter "COUNTY"), and
5 SOUTHTECH SYSTEMS, INC , a Corporation, whose address is 4181 Flat Rock Drive , Suite
6 300, Riverside , CA 92505 , (hereinafter "CONTRACTOR").
7 WITN ES SETH:
8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement number 14-123 ,
9 dated the 1st day of April , 2014 (hereinafter "Agreement"), Amendment 1 number 14-123-1
10 dated the 31 st day of January, 2017 (hereinafter "Amendment 1") pursuant to which
11 CONTRACTOR agreed to provide software maintenance and support, including telephone
12 support, consulting services , and software updates as needed to COUNTY ; and
13 WHEREAS , CONTRACTOR currently provides a variety of proprietary products to
14 COUNTY, which are manufactured by CONTRACTOR. These products include
15 "ClerkDocs™", "Online Marriage", "Online FBN", "Cornerstone™ Cashiering/Fee Accounting",
16 "Checklog™, "CampaignDocs™", "WebPublisher™", and eCampaign™software and support
17 with unlimited form updates and fee-for-service specialized services .
18 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement
19 regarding changes as stated below.
20 NOW , THEREFORE , for good and valuable consideration , the receipt and adequacy of
2 1 which is hereby acknowledged , COUNTY and CONTRACTOR agree as follows :
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1 . That in the Agreement, as amended by Amendment 1, Page Two (2), under the
Section entitled "OBLIGATIONS OF CONTRACTOR" following Paragraph One
(1) ending in "provide an accounting record of such services to County Clerk on
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an annual basis" a new paragraph be added :
"Beginning on January 23, 2018, Contractor shall provide an upgrade of the
Cashiering System and ClerkDocs™ System , upgrade to the C lerkDocs™
Passport module from ClerkDocs™ Passport Management System to the
ClerkDocs™ Passport Application and Management System , first and second
licenses for the Online Passport Application System for Internet and Intranet,
upgrade and second license for the Marriage App lication Online System,
upgrade from the ClerkDocs T M FBN Light System to the ClerkDocs T M · FBN
Premium System and first and second licenses."
That the following t ext in the Agreement , as amended by Amendment 1, Page
Three (3), in the section entit led COMP ENSATION/INVOICING " beginning on
page Three (3), line Sixteen (16), and ending on line Twenty-seven (27) is
de leted in its entirety and replaced with the following :
"4 . COMPENSATION/INVOICING:
COUNTY agrees to pay CONTRACT OR and CONTRACTOR agrees to receive
compensation as outlined in "Revised Attachment A-1", Schedule A which is
incorporated herein as to set forth in full by this reference. The hourly rates for
professional services are outlined in "Revised Attachment A-1", Schedu le B. The
billing schedule for eCampaign™ module purchased between April 15, 2016 to
April 14, 2017 is included in "Revised Attachment A-1", Schedu le C. The
implementation schedule for upgrades and modules purchased between April
15 , 2017 and April 14 , 2018 is included in "Revised Attachment A-1 ", Schedule
D. CONTRACTOR shall submit annual invoices in trip licate to the County of
Fresno , County C lerk/Registrar of Voters, 2221 Kern Street, Fresno , CA 93721 .
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In no event shall services performed under this Agreement be in excess of
Three Hundred Fourteen Thousand , Seven Hundred Eighty-Six Dollars and Eighty-
Three Cents ($314 ,786 .83) during the term of this Agreement for the period of April 15,
2014 through April 14, 2019. It is understood that all expenses incidental to
CONTRACTOR 'S performance of services under this Agreement shall be borne by
CONTRACTOR. CONTRACTOR shall allow a minimum of forty-Five (45) days for net
payment after an invoice has been approved by the COUNTY."
3. "Revised Attachment A" to COUNTY Agreement No . A-1 4-123 is deleted in its
entirety and "Revised Attachment A-1 ", attached hereto and incorporated herein
by reference , is inserted in its place.
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That all references in COUNTY Agreement No . A-14-123 as amended by
Amendment 1 shall be c hanged to read "Re vised Attachment A-1 " w here
appropriate .
COUNTY and CONTRACTOR agree that this Amendment 2 is sufficient to
amend the Agreement , and that upon execution of this Amendment 2 , the
16 Agreement, Amendment 1 and this Amendment 2 , together shall be considered
17 the Agreement.
18 The Agreement , as hereby amended , is ratified and continued. All provisions, terms ,
19 covenants , conditions and promises contained in the Agreement and not amended herein
20 shall remain in full forc e and effe ct.
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EXECUTED A ND EFFECTIVE as of the date first above set forth .
COUNTY OF FRESNO
CONTRACTOR ~ ~~
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ATTEST:
Bernice E . Seidel
Clerk t o the Board of Supervisors
County of Fresno , State of California
11 (;o ...,i~ ~..1\.,u.'"'1-&n.71¥--' "~ I c." 0
Print Name& Title
....
By: ~ ~\sbof>
Deputy
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SOUTHTECH SYSTEMS , INC .
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FO R A CCOU NTI NG USE ONLY:
O RG No.: 2850 0700 & 28500100
16 Account No .: 7309
R e qu isit ion No .: 8501800089
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