MASK SYSTEMS, INC. 1B -2005 - Laserfiche WebLink

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A-2005-002 INSURANCE UN filE WORK MAY PROCEED UNTIL INSURANCE EXPIRES ~ '2-'" \&' ~O5' CLERK OF COUNCIL DATE: I -;;l. '1-0'5 FIRST AMENDMENT TO CONSULTANT AGREEMENT c:f't> viScAl- THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT is entered into on January 3, 2005, by and between MASK Systems, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). Recitals: A. The parties entered into Agreement #A-200 1-260, dated March I, 2002, (hereinafter "said Agreement") by which Consultant has provided emergency and preventive maintenance for the Santa Ana Jail security system. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend said Agreement for an additional one-year period and increase compensation to pay for services during the extended term. Wherefore, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Consultant Agreement, the parties agree as follows: I. Section 2, COMPENSATION, shall be amended to delete paragraph "b" in its entirety, to be replaced with the following: "b. Payment for part replacement and modifications shall not exceed $200,000.00 annually during the term of this Agreement. Payment by City shall be made upon completion of the project or as agreed upon by the parties, subject to City accounting procedures. All part replacement and modifications shall be pre-approved, in writing, by City. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 2. Section 2, COMPENSATION, shall be amended to add a paragraph "c", which shall read as follows: "c. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Consultant's Cost Summary Form, attached as Exhibit A-I to said Agreement. The total sum to be expended for security system maintenance costs shall not exceed $196,350.00 during the fourth year of said Agreement, commencing January I, 2005, payable in twelve (12) equal monthly installments, subject to City accounting procedures, subject to City accounting procedures."