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tea`` FIRST AMENDMENT TO THE AGREEMENT BETWEEN `w THE CITY OF SUNNY ISLES BEACH AND IRON SKY, INC. CONTRACT NO. C1213-002 This First Amendment to the Agreement between the City of Sunny Isles Beach and Iron Sky, Inc., executed this day of , 2013, is made a part of the original Agreement between the parties dated December 20, 2012, attached hereto as Attachment "A" and incorporated herein by reference, (the "Agreement') between the City of Sunny Isles Beach (`'City") and Iron Sky, Inc., ("Contractor") a business corporation licensed in the State of Florida. whose Federal Identification # is 26-3693970. The City and Contractor hereby agree as follows: 1. PERFORMANCE AND PAYMENT BOND: The parties agree to waive the Performance and Payment Bond requirement set forth in Section 2.7 of Request for Proposal No. 12-09-01. attached hereto as Attachment "B", and incorporated herein by reference. 2. COMPENSATION: The total compensation to the Contractor, as set forth in Section 4 of the Agreement, is hereby amended to state that City shall pay Contractor 90% (ninety percent) of the total compensation upon completion and acceptance of Services. The remaining 10% (ten percent) of the total compensation due Contractor shall be retained by the City up to 6 (six) months for testing of the system installed by Contractor. 3. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terms and conditions of the original Agreement between the parties. dated December 20, 2012, shall remain in full force and effect. IN WITNESS WHEREOF, the panics hereto have executed this document as of the date mentioned above. WITNESS: IRON SKY, INC. ■ Signature By: i .T Scott Fn .. i e President. Sales Print Name ATTEST: CITY OF SUNNY ISLES BEACH • Jane A. Hines, City Clerk rorman S. Edelcup, Mayor PROVED AS TO FORM AND LEGAL SUFFICIENCY By .�q fli.n..1y Cs4 Hans Ottinot City Attorney