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SECOND AMENDMENT TO A G R E E M E N T THIS SECOND AMENDMENT TO AGREEMENT, dated for purposes of identification only this ___ day of ________, 2023, is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation, hereinafter referred to as "ANAHEIM" A N D AMERICAN GUARD SERVICES, INC., a California corporation, hereinafter referred to as “CONTRACTOR”.
W I T N E S S E T H:
WHEREAS, ANAHEIM maintains a crossing guard program to endeavor to protect children attending the public schools in the City of Anaheim; and WHEREAS, on ANAHEIM entered into an Agreement with CONTRACTOR for CONTRACTOR to provide crossing guard services (the “Agreement”); and WHEREAS, on July 18, 2022, ANAHEIM and CONTRACTOR entered into a First Amendment to the Agreement to increase the hourly compensation for crossing guards due to an increase in labor costs; and
WHEREAS, ANAHEIM and CONTRACTOR wish to again amend the Agreement to extend its term for an additional year and increase the compensation paid to CONTRACTOR accordingly.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Paragraph 9 (Compensation and Payment) is hereby amended to provide for compensation for an additional one-year renewal term and, as amended for this one year term, shall read in full as follows:
9. COMPENSATION AND PAYMENT
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28 ANAHEIM agrees to pay CONTRACTOR for the services
rendered pursuant to this Agreement as follows:
Year 6:
J. For July 1, 2023 to June 30, 2024, the sum of thirty-two dollars and forty-nine cents ($32.49) per hour for school crossing guards and the sum of thirty-four dollars and twenty-nine cents ($34.29 per hour for supervisors.
It is understood and agreed that the cost for providing crossing guard services during this one-year renewal time period shall not exceed the sum of One Million Two Hundred Thousand Dollars ($1,200,000).
2. Paragraph 20 (Renewal of Term) is hereby amended to give ANAHEIM the option to renew the Agreement for an additional one- year term (for up to four (4) one-year terms in total).
20. RENEWAL OF TERM
ANAHEIM shall have the option to renew this Agreement for up to four (4) additional one (1) year extensions. Such option may be exercised by giving CONTRACTOR written notice of ANAHEIM’s intent to renew the Agreement. The ANAHEIM Purchasing Agent is authorized to exercise said option on behalf of ANAHEIM.
3. Except as expressly provided to the contrary herein, all provisions of the Agreement shall remain in full force and effect. The Agreement, the First Amendment and this Second 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. CONTRACTOR and its signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this 3 1
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28 Second Amendment to Agreement on behalf of CONTRACTOR and to bind CONTRACTOR hereto.
5. The Effective Date of this Second Amendment to Agreement shall be the latest date of execution hereinafter set forth opposite the names of the signators hereto. In the event that CONTRACTOR fails to set forth a date of execution opposite the name(s) of its signator(s), CONTRACTOR hereby authorizes ANAHEIM, by and through its representative, to insert the date of execution of CONTRACTOR's signator(s) as the date said Second Amendment to Agreement, as executed by CONTRACTOR, is received by ANAHEIM.
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: ____________________, 2023
CITY OF ANAHEIM,
a municipal corporation
By:
Ashleigh Aitken, Mayor
DATE OF EXECUTION:
DATED: ____________________, 2023
AMERICAN GUARD SERVICES, INC.,
a California corporation
By:
______________________
________________________
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By: __
Kristin A. Pelletier
Chief Assistant City Attorney, Civil
Dated: