HomeMy WebLinkAboutAgreement A-09-058-5 with Wausau Financial Systems Inc..pdf Agreement No. 09-058-5 l�
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1 FIFTH AMENDMENT TO AGREEMENT
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THIS FIFTH AMENDMENT TO AGREEMENT ("Fifth Amendment") is made and I
3 entered Into this 11th day of August , 2015, by and between the COUNTY OF
4 FRESNO, a political subdivision of the State of California, Fresno, California
5 ("COUNTY"), and WAUSAU FINANCIAL SYSTEMS, INC., whose address is 875
6 Indianhead Drive, Mosinee, Wisconsin 54455-0037 ("CONTRACTOR").
7 WITNESSETH:
8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement number 09-
9 058, dated February 23, 2009, for a remittance processing system ("Agreement"); and
10 WHEREAS, COUNTY and CONTRACTOR entered into a First Amendment to
11 Agreement on January 26, 2010 ("First Amendment"), to import cashiering image files t
12 the remittance processing system; and
13 WHEREAS, COUNTY and CONTRACTOR entered into a Second Amendment to
14 Agreement on June 19, 2012 ("Second Amendment"), to upgrade certain software for
i5 the remittance processing system; and
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16 WHEREAS, COUNTY and CONTRACTOR entered into a Third Amendment to
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17 Agreement on February 4th, 2014 ("Third Amendment'), to extend the term of the
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Agreement, as amended, and to change the expiration date of the Agreement to July
19 '31, 2014; and
20 WHEREAS, COUNTY and CONTRACTOR entered into a Fourth Amendment to
21 Agreement on July 15th, 2014 ("Fourth Amendment'), to extend the term of the
22 Agreement for a one year period to July 31, 2015; and
23 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement
24 further to extend the term of the Agreement for-an additional one year period to July 31,
.25 2016.
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NOW, THEREFORE, in consideration of their mutual promises, COUNTY and �
27 CONTRACTOR agree as follows:
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1. The language in Section V.A. TERM, located on page 13, lines 2 through 4, o
2 the Agreement, as amended by the Third Amendment, is deleted in its
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3 entirety and replaced with the following:
4 "This Agreement shall become effective on February 23, 2009 and shall
5 terminate on July 31, 2016."
6 2. Section V.C.1.e. of the Agreement, on page 14, as amended by the Fourth
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Amendment, is hereby deleted in its entirety and replaced with:
8 "e. In no event shall the total amount that COUNTY pays to
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9 CONTRACTOR for services performed under this Agreement be in excess
10 of $555,200.00. $59,590.00 of the forgoing amount shall be for equipment
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11 maintenance and software support for the period of August 1, 2015 to July
12 31, 2016.
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13 3. COUNTY and CONTRACTOR agree that this Fifth Amendment is sufficient to
14 amend the Agreement and, that upon execution of this Fifth Amendment, the
16 agreement of the First Amendment, the Second Amendment, the Third
16 Amendment, the Fourth Amendment, and this Fifth Amendment together shall
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be considered the Agreement.
18 4. The Agreement, as hereby amended, is ratified and continued. All provisions,
19 terms, covenants, conditions, and promises contained in the Agreement and
20 not amended by this Fifth Amendment remain in full force and effect
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EXECUTED AND EFFECTIVE as of August 1 s', 2015.
COUNTRACTOR: COUNTY OF FRESNO: I
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B By:
Chairman, Board of Supe sors
Title: Op
Date: ATTEST:
Mailing Address: By: �o�,.�
Bernice Seidel, Clerk to the
Board of Supervisors
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REVIEWED & RECOMMENDED FOR
APPROVAL:
By: 4w,` `!
Auditor-Controller/Treasurer-Tax Collector
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APPROVED AS TO LEGAL FORM:
By: 44&4��
Daniel C. Cederborg, County Counsel
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APPROVED AS TO ACCOUNTING FORM:
:BY l �erL
Auditor-Controller/Treasurer-Tax Collector '