HomeMy WebLinkAbout32224Agreement No. 09-058-5
1 FIFTH AMENDMENT TO AGREEMENT
2 THIS FIFTH AMENDMENT TO AGREEMENT ("Fifth Amendment") is made and
3 entered into this ..11!!:!... 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 inc,lianhead 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 Amendmenf), to import cashiering image files to
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
15 the remittance processing system; and
16 • WHEREAS, COUNTY and CONTRACTOR entered into a Third Amendment to
17 Agreement on Febr,uary 41h, 2014 ("Third Amendment"), to extend the term of the
18 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 far-an additional one year period to July 31,
.25 2016.
26 , NOW, THEREFORE, in consideration of their mutual promises, COUNTY and
27 CONTRACTOR agree as follows:
28
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1. The language in Section V.A. TERM, located on page 13, lines 2 through 4, o
the Agreement, as amended by the Third Amendment, is deleted in its
entirety and replaced with the following:
"This Agreement shall become effective on February 23, 2009 and shall
terminate on July 31, 2016."
2. Section V.C.1.e. of the Agreement, on page 14, as amended by the Fourth
Amendment, is hereby deleted in its entirety and replaced with:
"e. In no event shall the total amount that COUNTY pays to
CONTRACTOR for services performed under this Agreement be in excess
of $555,200.00. $59,590.00 of the forgoing amount shall be for equipment
maintenance and software support for the period of August 1, 2015 to July
31,2016.
3. COUNTY and CONTRACTOR agree that this Fifth Amendment is sufficient to
amend the Agreement and, that upon execution of this Fifth Amendment, the
agreement of the First Amendment, the Second Amendment, the Third
Amendment, the Fourth Amendment, and this Fifth Amendment together shall
be considered the Agreement.
4. The Agreement, as hereby amended, is ratified and continued. All provisions,
terms, covenants, conditions, and promises contained in the Agreement and
not amended by this Fifth Amendment remain in full force and effect
EXECUTED AND EFFECTIVE as of August 1 •t, 2015.
COUNTRACTOR: COUNTY OF FRESNO:
Mailing Address: By: ~A..S.o.....y-0 &;s1<ho-~
Bernice Seidel, Clefk to the
Board of Supervisors
REVIEWED & RECOMMENDED FOR
APPROVAL:
By: ...,........,----'~=-"'G~"""'='c ""--' -=-~--"--'----=---::-::-...,-
Auditor-Controller/Treasurer-Tax Collector
APPROVED AS TO LEGAL FORM:
By:~& 1DanieiC: Cederborg, County Counsel
APPROVED AS TO ACCOUNTING FORM:
By: ....,........,~"'----,· =---=-· ::-'-~-=------==--=--::--:-
Auditor-Controller/Treasurer-Tax Collector
_________ )