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HomeMy WebLinkAboutA-05-404 (A-05-158-1) SONANT CORPORATION OF SAN DIEGO Agreement.pdfSONANT Corporation 1st Amendment 1 FIRST AMENDMENT TO AGREEMENT 2 THIS FIRST AMENDMENT TO AGREEMENT (hereinafter "First Amendment") is made 3 and entered into this 30 day of A~"'c · . , 2005, by and between COUNTY OF 4 FRESNO, a Political Subdivision of the State· of California, 2220 Tulare Street, Fresno, CA 5 93721 (hereinafter "COUNTY"), and SONANT Corporation, whose address is 6215 Ferris 6 Square, Suite 220, San Diego, CA 92121-3283 (hereinafter "SONANT"). 7 WITNESSETH:· 8 WHEREAS, COUNTY and SONANT entered into Agreement number 05-158, dated 9 1ih May, 2005 (hereinafter "Agreement"}, pursuant to which SONANT agreed to provide an 10 Interactive Voice Response and Web Payment System (hereinafter "System") to COUNTY; 11 and 12 WHEREAS, COUNTY and SONANT now desire to amend the Agreement in order to 13 increase the capabilities and features of said System, as well as to increase the price paid 14 therefore by COUNTY. 15 NOW,,. THEREFORE, for good and valuable consideration, the receipt and adequacy of 16 which is hereby acknow!edged, COUNTY and SONANT agree as follows: 17 1. Sub-subsection 1 of subsection A of Section V of the Agreement, located on 18 page 8, lines 9 through 11 of the Agreement, is hereby deleted in its entirety and replaced 19 with the following: 20 "1. One Hundred Seventy-Four Thousand Eight Hundred Thirty-One Dollars 21 and N0/1 OOs ($17 4,831.00) for the purchase and installation of the System, as detailed 22 in First Revised Exhibit C and according to those conditions hereinafter specified; and'~ 23 2. Sub:subsection 5 of subsection A of Section V of the Agreement, located on 24 page 9, lines 8 through 10 of the Agreement, is hereby deleted in its entirety and replaced - 1 - •' I SONANT Corporation 1st Amendment 1 with the following: 2 "5. In no event shall the amount owed to SONANT under this Agreement be 3 in excess of One Hundred Seventy-Four Thousand Eight Hundred Thirty-One Dollars 4 and N0/1 OOs ($174,831.00) for goods and services provided during the first year of this 5 Agreement." 6 3. "Exhibit C," first referenced in the Agreement in Section I, entitled 7 "DOCUMENTS CONSTITUTING AGREEMENT," is hereby deleted in its entirety and replaced 8 with "First Revised Exhibit C," a true and correct copy of which is attached hereto and 9 incorporated herein by this reference. \ 10 4. All references in the Agreement to "Exhibit C" are hereby deleted and replaced 11 by the phrase "First Revised Exhibit C." 12 The Parties agree that this First Amenqment is sufficient to amend the Agreement and, 13 that upon execution of this First Amendment, the Agreement and this First Amendment r. 14 together shall be considered the Agreement. 15 The Agreement, as hereby amended, is ratified and continued. All provisions, terms, 16 covenants, conditions and promises contained in the Agreement and not amended herein 17 shall remain in full force and effect. 18 Ill 19 Ill 20 Ill 21 Ill 22 Ill 23 Ill 24 Ill -2- I l ' •" \ . SONANT Corporation 1st Amendment 1 EXECUTED AND EFFECTIVE as of the date first above set forth. 2 SONANT CORPORATION: 3~. 4 Charles W. Smith President & CEO 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DA TE:_8."""'""'-0_..;.a_G.+-/--o--~--- TAXPAYER FEDERAL I.D. #: 33-0555 739 FOR ACCOUNTING USE ONLY: ·Hardware Other Fund No. 1020 0001 Subclass: 19000 10000 Org: 8908 04100500 Program: 88370 0 Account No: 8300 7296 Fiscal Year: 2004 2004 COUNTY OF FRESNO: . Case n, Board of Supervisors DA TE:._-t..AJ.E.UG:!L.3SLJLO """201J.bj05....____ REVIEWED & RECOMMENDED FOR AP~VAL: ~ ' .vt~d.v~ Vicki Crow, C.P.A. Auditor-Controller/Treasurer-Tax-Collector APPROVED AS TO ACCOUNTING FORM: VICKI CROW, C.P A., AUDITOR-CONTROLLER! TREASUfER-TAX !)OLLECTOR By:~~~ Deputy APPROVED AS TO LEGAL FORM: D NIS A MARSHALL, CO NTY COUNSEl ATTEST: , DEL Clerk NICE E SEI , ~~~~ors. -- B~Deputy· -3- -------------------------------··''"'"".