EXTERIOR PRODUCTS (2)-2017 - Laserfiche WebLink

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INSURANCE ON FILE: A-2017-237 WORK MAY PROCEED UNIR INSURANCE ` MASS $ 1 1� GLFCKOPCOUNCIL 4m� DATE, SEP 18 L017 FIRST AMENDMENT TO CONSULTANT AGREEMENT (�7T"HIS FIRST AMENDMENT TO CONSULTANT AGREEMENT is made and entered into this P'! 3r�LJ 12th day of Se tember, 2017, by and between the Exterior Products, Inc., a California corporation ("Consultant"), 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"). RECITALS A. The City and Consultant entered into Agreement No. A-2017-111, dated May 2, 2017, for Consultant to install, remove, and store American flags ("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 terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 1. Section 2, COMPENSATION, subsection (b), shall be amended to read as follows: "Payment by City shall be made within forty-five days (45) 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 which fails to meet the standards of performance as set forth in the Recitals which may reasonably be expected by City. On separate approval by the City, payment will be made on all proper invoices evidencing acceptable work performed prior to the start date of this Agreement in section 3 below." 2. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. Page 1 of 2