EBIX Insurance No. S2000003234
AMENDMENT NO. 4
AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
ROBERT E. VAN HEUIT
PREAMBLE
This agreement (“Amendment No. 4”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Robert E. Van Heuit, an Oregon individual, (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
The Parties previously entered into an agreement entitled "Agreement for Services between the City of Santa Clara, California, and Robert E. Van Heuit", dated June 2, 2015 (Agreement); The Agreement was previously amended by Amendment No. 1, dated May 6, 2016, Amendment No. 2, dated October 28, 2016, Amendment No. 3, dated September 5, 2017. The parties entered into an Amended and Restated Agreement for Services, dated September 27, 2018, Amendment No. 1 to the Amended and Restated Agreement for Services, dated October 31, 2019, Amendment No. 2 to the Amended and Restated Agreement for Services, Amendment No. 3 to the Amended and Restated Agreement for Services, and now Amendment No. 4. The Agreement and all previous amendments are collectively referred to herein as the "Agreement as Amended"; and The Parties entered into the Agreement as Amended for the purpose of having Contractor provide certain support activities further outlined in Exhibit A - Scope of Services, for the City Place Santa Clara project, and the Parties now wish to amend the Agreement to increase the total contract amount by $100,000 to a total not to exceed contract amount of $400,000.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
Section 2 of the Agreement as Amended, entitled “Term of Agreement” is amended to read as follows:
“Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of the Agreement shall begin on July 17, 2018 and terminate on December 31, 2022.” Section 10 of the Agreement as Amended, entitled “Compensation and Payment” is amended to read as follows:
“In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is Four Hundred Thousand Dollars ($400,000), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials, and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.” Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 4, the provisions of this Amendment No. 4 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 4 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form:
Dated:
Office of the City Attorney
DEANNA J. SANTANA
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
ROBERT E. VAN HEUIT
INDIVIDUAL
Dated:
By (Signature):
Name:
Robert E. Van Heuit
Title:
Owner
Principal Place of Business Address:
2621 Heritage Way
Medford, OR 97504
Email Address: HYPERLINK "mailto:[email protected]" [email protected] Telephone:
(541) 499-6123
Fax:
( )
“CONTRACTOR”
Amendment No. 4 to Agreement/Robert E. Van Heuit Page PAGE 2 Rev. 10/25/2019
Amendment No. 4 to Agreement/Robert E. Van Heuit Page PAGE 1 Rev. 10/25/19