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FIRST AMENDMENT TO A G R E E M E N T
THIS FIRST AMENDMENT TO AGREEMENT, dated for purposes of identification only this ___ day of ________, 2024, is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation, hereinafter
referred to as "ANAHEIM"
A
N
D
HELISTREAM, INC.,
hereinafter referred to as “HELISTREAM”
W I T N E S S E T H:
WHEREAS, on January 25, 2022, ANAHEIM entered into an Agreement with HELISTREAM for HELISTREAM to provide helicopter pilot training services (the “Agreement”); and
WHEREAS, ANAHEIM and HELISTREAM wish to amend the Agreement to increase the compensation payable under the Agreement from $120,000 to $250,000; and WHEREAS, aside from the increase in compensation, there is no other change to the Agreement.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Section 4 of the Agreement is hereby amended to read in full as follows:
The City of Anaheim shall pay Contractor for services rendered on the Project on a time and expense not -to-exceed basis in accordance with the provisions of this Section and the Schedule o f Billing Rates attached hereto as Exhibit A and incorporated herein by reference. Contractor’s compensation for all work performed in accordance with this Agreement, including all reimbursable items and subcontractor fees, shall not exceed Two Hundred Fifty Thousand Dollars ($ 250,000.00).
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28 No changes to the billing rates set forth in Exhibit A shall be made during the terms of this Agreement without prior written approval of the City of Anaheim.
2. Except as expressly provided to the contrary herein, all provisions of the Agreement shall remain in full force and effect. The Agreement and this First Amendment to Agreement shall hereinafter be collectively referred to as the "Amended Agreement." The Amended Agreement integrates all of the terms and conditions of agreement between the Parties and supersedes all negotiations or previous agreements between the Parties with respect to the subject matter hereof.
3. HELISTREAM and its signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this First Amendment to Agreement on behalf of HELISTREAM and to bind HELISTREAM hereto.
4. The Effective Date of this First Amendment to Agreement shall be the latest date of execution hereinafter set forth opposite the names of the signators hereto. In the event that HELISTREAM fails to set forth a date of execution opposite the name(s) of its signator(s), HELISTREAM hereby authorizes ANAHEIM, by and through its representative, to insert the date of execution of HELISTREAM's signator(s) as the date said First Amendment to Agreement, as executed by HELISTREAM, is received by ANAHEIM.
(SIGNATURES ON FOLLOWING PAGE)
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28 IN WITNESS WHEREOF, the parties hereto have caused this restated and Amended Agreement to be executed on the dates hereinafter respectively set forth.
DATE OF EXECUTION:
DATED: ____________________, 2024
CITY OF ANAHEIM,
By:
Ashleigh Aitken, Mayor
DATE OF EXECUTION:
DATED: ____________________, 2024
HELISTREAM, INC.
By:
______________________
________________________
APPROVED AS TO FORM:
By: __
Kristin A. Pelletier
Chief Assistant City Attorney
Dated:
ATTEST:
By: __
Anaheim City Clerk