1 SECOND A M E N D M E N T T O A G R E E M E N T
THIS SECOND AMENDMENT TO AGREEMENT, dated for purposes of identification only this day of , 2022 is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "ANAHEIM,"
A
N
D
SCHMIDT DESIGN GROUP, INC., a California corporation,
hereinafter referred to as "CONSULTANT."
W I T N E S S E T H:
WHEREAS, the parties have previously entered into a written agreement d ated August 27, 2019 and a First Amendment to Agreement dated October 27, 2020 , for professional design, planning, and construction support services for the development of the Center Greens Project, to support ANAHEIM'S Community Services Department (hereinafter, the “Agreement”); and
WHEREAS, the parties wish to amend the Agreement to modify the compensation to cover the cost of additional services under the Agreement.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. That the Agreement is hereby amended to include those additional Services as outlined in the proposal attached hereto as Exhibit “A-2.”
2. Section 4.1 of Section 4 of the Agreement, "COMPENSATION" is hereby amended to include the Fee schedule for the additional services, attached hereto as Exhibit "A-2." 2 3. Section 4.2 of Section 4 entitled, "Compensation," of the Agreement is hereby amended in its entirety to read as follows:
"4.2 It is understood and agreed between the parties to this Agreement that full and complete payment for all Services provided in accordance with this Agreement, including, but not limited to, all reimbursable expenses and subconsultant fees, if any, shall not exceed the sum of T hree Hundred Thirty-Six Thousand, Four Hundred Seventy -Four Dollars and No/100 Cents ($ 336,474.00) (“Contract Amount”).
4. Except as expressly amended hereby, all the remaining provisions of the Agreement, as amended, shall remain in full force and effect.
5. CONSULTANT and CONSULTANT's signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this Second Amendment to Agreement on behalf of CONSULTANT and to bind CONSULTANT hereto.
6. This Second Amendment to the Agreement shall be effective on the date on which this Agreement is executed by ANAHEIM.
[SIGNATURES ON FOLLOWING PAGE]
3 IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to Agreement to be executed on the dates hereinafter respectively set forth.
CITY OF ANAHEIM,
a municipal corporation
DATE OF EXECUTION:
By_________________________________________
Sjany Larson-Cash,
Director of Community Services
ATTEST:
By _________________________________
City Clerk of the City of Anaheim
"ANAHEIM"
SCHMIDT DESIGN GROUP, INC., a California
corporation
DATE OF EXECUTION: By___________________________________
____________________ Printed Name__________________________
Title_________________________________
"CONSULTANT"
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By___________________________________
Bryn M. Morley
Deputy City Attorney
Date__________________________________
145476
41 EXHIBIT A-2
STARTS AFTER THIS PAGE
__________ $27,848
(REV)
_________