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FIRST AMENDMENT TO CONSULTANT AGREEMENT <br />THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT is made and entered into this _ <br />day of , 2017, by and between the Exterior Products, Inc., a California corporation <br />("Consultant"), and the City of Santa Ana, a charter city and municipal corporation, organized <br />and existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. The City and Consultant entered into Agreement No. A-2017-111, dated May 2, <br />2017, for Consultant to install, remove, and store American flags ("said <br />Agreement"). <br />B. In accordance with the terms and conditions of said Agreement, the Parties desire <br />to amend the compensation section to allow for prepayment of services under said <br />Agreement. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions of said Agreement, except as herein modified, the parties agree as follows: <br />1. Section 2, COMPENSATION, subsection (b), shall be amended to read as <br />follows: <br />"Payment by City shall be made within forty-five days (45) days following receipt <br />of proper invoice, subject to City accounting procedures. Prepayment for services <br />is acceptable under said Agreement due to the nature of the services being <br />provided. However, the City reserves the right to seek any and all remedies, <br />including refund of payment, for work which fails to meet the standards of <br />performance as set forth in the Recitals which may reasonably be expected by <br />City. On separate approval by the City, payment will be made on all proper <br />invoices evidencing acceptable work performed prior to the start date of this <br />Agreement in section 3 below." <br />2. Except as hereinabove modified, all terms and conditions of said Agreement shall <br />remain in full force and effect. <br />Page 1 of <br />25A-3 <br />