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Amendment Template Version May 2021 <br /> <br />AMENDMENT TO AGREEMENT <br />BETWEEN THE COUNTY OF SAN MATEO AND <br />NUESTRA CASA OF EAST PALO ALTO <br /> <br /> <br />THIS AMENDMENT TO THE AGREEMENT, entered into this 23rd day of May, 2023, by <br />and between the COUNTY OF SAN MATEO, hereinafter called "County," and Nuestra Casa of <br />East Palo Alto, hereinafter called "Contractor"; <br /> <br />W I T N E S S E T H: <br /> <br />WHEREAS, pursuant to Government Code, Section 31000, County may contract with <br />independent contractors for the furnishing of such services to or for County or any <br />Department thereof; <br /> <br />WHEREAS, the parties entered into an Agreement for increasing the capacity and <br />infrastructure for grocery rescue and redistribution as part of an edible food recovery <br />program on January 28, 2020; and <br /> <br />WHEREAS, the parties wish to amend the Agreement to extend the term and increase <br />the agreement amount. <br /> <br />NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS: <br /> <br />1. Section 3. Payments of the agreement is amended to read as follows: <br /> <br />In consideration of the services provided by Contractor in accordance with all <br />terms, conditions, and specifications set forth in this Agreement and in Exhibit A, <br />County shall make payment to Contractor based on the rates and manner <br />specified in Exhibit B. County reserves the right to withhold payment if County <br />determines that the quantity or quality of the work performed is unacceptable. <br />In no event shall County’s total fiscal obligation under this Agreement exceed <br />eight hundred and thirty-eight thousand thirty-two dollars ($838,032). In the <br />event that the County makes any advance payments, Contractor agrees to <br />refund any amounts in excess of the amount owed by the County at the time of <br />contract termination or expiration. Contractor is not entitled to payment for <br />work not performed as required by this agreement. <br /> <br /> <br />2. Section 4. Term of the agreement is amended to read as follows: <br /> <br />Subject to compliance with all terms and conditions, the term of this Agreement shall be <br />REV: 02-27-24 LF <br />ATTY/AGR.2024.021/San Mateo County (Edible Food Recovery MOU) (Page 25 of 32)