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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 ________, 2022, is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation, hereinafter
referred to as "ANAHEIM"
A
N
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TOWNSEND PUBLIC AFFAIRS, a California corporation, hereinafter referred to as "CONSULTANT."
W I T N E S S E T H:
WHEREAS, in June, 2020, ANAHEIM entered into an Agreement with CONSULTANT to provide strategic advocacy services to assist with state funding and funding opportunities for ANAHHEIM projects, (the “Agreement”), which Agreement had a contract amount of One Hundred Twenty Thousand Dollars ($120,000) for a two year term; and
WHEREAS, ANAHEIM and CONSULTANT wish to extend the term of the Agreement by two years, with a corresponding increase of the contract amount by One Hundred Twenty Thousand Dollars ($120,000).
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Paragraph 2 of the Contract is amended to read in full as follows:
2. TERM
The term of this Agreement shall be for a twelve (12) month term beginning in June 2020 and ending in June 2021, with an option for three (3) one-year renewals at the sole discretion of the City Manager of ANAHEIM, unless terminated earlier pursuant to Section 20 of this 2 1
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28 Agreement. The City Manager may exercise this renewal option by sending a letter to CONSULTANT prior to the expiration of the initial term.
2. Paragraph 3.3 of the Contract is amended to read in full as follows:
3.3 It is understood by and agreed between the Parties to this Agreement that full and complete payment for all services pursuant to this Agreement shall not exceed Two Hundred and Forty Thousand Dollars ($240,000) (“Contract Amount”).
3. 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.
4. CONSULTANT 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 CONSULTANT and to bind CONSULTANT hereto.
5. 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 CONSULTANT fails to set forth a date of execution opposite the name(s) of its signator(s), CONSULTANT hereby authorizes ANAHEIM, by and through its representative, to insert the date of execution by CONSULTANT's signator(s) as the date said First Amendment to Agreement, as executed by CONSULTANT, 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.
CITY OF ANAHEIM,
a municipal corporation
DATE OF EXECUTION:
DATED: ____________________, 2022
By:
Jim Vanderpool
ATTEST:
By:
City Clerk
“ANAHEIM”
TOWNSEND PUBLIC AFFAIRS, a California
corporation
DATE OF EXECUTION:
DATED: ____________________, 2022
By:
______________________
________________________
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By: __
Kristin A. Pelletier
Chief Assistant City Attorney
Dated: