DATE: June 18, 2024
TO: Board of Supervisors
SUBMITTED BY: Sanja Bugay, Director, Department of Social Services
SUBJECT: Retroactive Amendment I to Agreement with Mythics, LLC DBA Mythics VIII, LLC
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute a retroactive Amendment I to Agreement with Mythics, Inc., to revise the name from Mythics, Inc. to Mythics, LLC DBA Mythics VIII, LLC as identified on their legal documents, with no change to the term of December 13, 2022 through November 30, 2027, or compensation maximum of $1,676,215.
REPORT
Approval of the recommended action will correct the Mythics, Inc. name on the agreement. Mythics, Inc. underwent a name change to Mythics, LLC, with the exception of California where the name was already taken, hence, the referred name Mythics, LLC DBA Mythics VIII, LLC. The agreement terms and conditions remain unchanged. This item is countywide.
ALTERNATIVE ACTION(S):
There are no viable alternative actions. Should your Board opt not to approve the recommended action, the vendor’s name will remain unchanged which would create invoice payment issues moving forward.
RETROACTIVE AGREEMENT:
The recommended action is retroactive to January 1, 2023, due to delay in notification of the name change from vendor after the agreement was executed.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action. Approval of the recommended action will retroactively amend Agreement No. 22-587 with Mythics, LLC DBA Mythics VIII, LLC, without changes to the total compensation amount ($1,676,215) or term of the agreement. This agreement is offset with State and Federal Social Services funds ($1,622,357), 2011 Realignment ($23,581) in lieu of State General Funds for Child Welfare Services and Adult Protective Services Programs that were realigned to counties through Assembly Bill (AB) 118, 1991 Social Services Realignment ($8,688) and the required Net County Cost ($21,589), which offsets the General Relief Program share of cost. Sufficient appropriations and estimated revenues are included in the Department’s Org 5610 FY 2024-25 Recommended Budget and will be included in subsequent budget requests.
DISCUSSION:
On December 13, 2022, the Board approved Agreement No. 22-587 to migrate the Department of Social Service’s database from Oracle On-Premises Enterprise Business system to Oracle Cloud Infrastructure Platform and provide continuous system monitoring and support upon successful migration.
At the request of Mythics, Inc. due to a company name change to comply with Corporations Code section 201(b), the parties are requesting the County to consent to the amendment to correct the name on the agreement to algin with Mythics legal entity name, Mythics, LLC DBA Mythics VIII, LLC. Name changes are typically executed through an Assignment of Agreement in which the agreement would be assigned to the new name/vendor, but the vendor’s legal team did not find an Assignment of Agreement suitable for them to sign as there was not a new entity created and therefore there was no transfer of rights. It was requested that all contractual documents and payments reflect their new name through an Amendment to this contract. County Counsel agreed to the request for an Amendment.
The amendment is retroactive to January 1, 2023. All other terms and conditions remain the same.
REFERENCE MATERIAL:
BAI #71, December 13, 2022
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Retroactive Amendment I to Agreement with Mythics
CAO ANALYST:
Ronald Alexander