ANAHEIM TRANSPORTATION NETWORK 3A-2017

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V6; INSURANCE ON FILE WORK MAY PROCEED NTIL INSURANCE EXPIRES DATE I 1 12017 ANAHEIM TRANSPORTATION NETWORK �, I I, {'J }(y?% THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this Z9ay of 2017, by and between the ANAHEIM TRANSPORTATION NETWORK, a Cal fomia private, non-profit transportation management organization ("Contractor"), and the CITY OF SANTA ANA, a charter city and municipal corporation, organized and existing under the Constitution and laws of the State of California ("City"}. N -2017-06S.001 RECITALS A. The City and Contractor entered into Agreement No. N-2017-065, dated May 8, 2017, for Contractor to provide a route of the clean fuel public transit system, known as the Anaheim Resort Transportation (ART), from the Anaheim Resort geographic area to the City of Santa Ana ("said Agreement"). B. In accordance with the terms and conditions of said Agreement, the Parties desire to amend the compensation section to allow for prepayment of services under said Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions of said Agreement, except as herein modified, the parties agree as follows: Section 2, COMPENSATION, subsection (b), shall be amended to read as follows: "Payment by City shall be made within thirty days (30) days following receipt of proper invoice, subject to City accounting procedures. Prepayment for services is acceptable under said Agreement due to the nature of the services being provided. However, the City reserves the right to seek any and all remedies, including refund of payment, for work that fails to meet the standards of performance as set forth in the Recitals which may reasonably be expected by City." 2. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. Page 1 of 2