HERNANDEZ CART SERVICE 2A -2005 - Laserfiche WebLink

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SUR~N(!t. ON \: ;,~_.t_ . ~:OR~,' Mr\~ PRO~~t~XPlRES urHIL INsuRAN05 8--4 -- --- QtRi\ Of COUNCIL DATE: -Z~15-lS"5 A-2005-135 FIRST AMENDMENT TO CONSULTANT AGREEMENT G~ PWr\- (j),~ THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT is entered into on June 20, 2005, by and between Hernandez Cart Service, 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-2004-134 dated July 1,2004, (hereinafter "said Agreement") by which Consultant has provided shopping cart retrieval services. B. In accordance with the intent of the parties at the time the parties executed said Agreement, the parties wish to renew said Agreement for an additional one-year period. 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.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, seven thousand dollars ($7,000.00) per month. The total sum to be expended under this Agreement shall not exceed $84,000.00, annually, during the term of this Agreement." 2. Section 3, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on July I, 2004 and terminate on June 30, 2006, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney." 3. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. II II