HomeMy WebLinkAbout25A - AGMT - DT FLAGSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 5, 2017
TITLE:
APPROVE FIRST AMENDMENT TO THE
AGREEMENT WITH EXTERIOR PRODUCTS
FOR INSTALLATION OF FLAGS IN
DOWNTOWN TO PERMIT PREPAYMENT AND
ASSOCIATED DISCOUNT
(STRATEGIC PLAN NO. 3,4A)
CITY ANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE
ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2"d Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Approve an Amendment to the Agreement with Exterior Products for installation of American
flags in Downtown.
On May 2, 2017, the City Council authorized the City Manager to execute an Agreement with
Exterior Prouducts for the installation of American flags in Downtown Santa Ana. However, the
Agreement did not allow pre -payment as provided in the bid. The annual cost proposed by the
vendor is based on pre -payment and reflects a savings of six -hundred dollars per year compared
to previous agreements with the vendor.
Staff recommends approval of the Amendment to the Agreement with Exterior Products to allow
pre -payment of services. All other terms of the agreement will remain the same.
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #3 (Economic Development), Objective 4
(continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse,
shopping, dining, and entertainment destination), Strategy A (Provide a safe and inviting public
environment in the downtown, including the Wellness Corridor, through enhanced amenities,
improved way finding and engaging street/sidewalk design and lighting).
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Amendment to Agreement with Exterior Products
September 5, 2017
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
o✓t.�i �. .
Robert M. Zur Sc i de
Interim Executive Director
Community Development Agency
Exhibits: 1. Amendment to Agreement with Exterior Products
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FIRST AMENDMENT TO CONSULTANT AGREEMENT
THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT is made and entered into this _
day of , 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
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IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant
Agreement the date and year first above written.
CITY OF SANTA ANA
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
Cit}
am
RECOMMENDED FOR APPROVAL:
ROBERT C. CORTEZ
Acting Executive Director
Community Development Agency
CYNTHIA J. KURTZ
Interim City Manager
CONTRACTOR:
Exterior Products, Inc.
Un
Tax ID#
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