1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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
CALIFORNIA FORENSIC PHLEBOTOMY, INC.,
a California corporation, hereinafter referred to as “CONTRACTOR.” W I T N E S S E T H:
WHEREAS, on October 1, 2019, ANAHEIM entered into an Agreement No. 3115.F with CONTRACTOR to take blood samples, conduct breath tests, maintain chain of custody in accordance with standard rules of evidence, and appear in court or elsewhere at the request of ANAHEIM to testify regarding the tests performed (the “Agreement”); and WHEREAS, on November 24, 2020, ANAHEIM and CONTRACTOR entered into a First Amendment to Agreement (Agreement No. 3115.F.1) which reduced the hourly rate charged by CONTRACTOR for the first renewal term of the Agreement by 10% in light of the economic crisis caused by COVID-19, and added one optional renewal to the term of the Agreement.
WHEREAS, ANAHEIM and CONTRACTOR wish to enter into this Second Amendment to Agreement to increase the hourly rate paid to CONTRACTOR by 3.7% due to cost of living increases, as well as to increase the amount of compensation payable under the Agreement from Two Hundred Fifty Thousand Dollars ($250,000) to Five Hundred Thousand Dollars ($500,000).
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
2 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 1. Section 3 of the Agreement is amended to read in full as follows:
3. COMPENSATION
During the remaining Term of the Agreement (including all Renewal Terms), ANAHEIM shall pay CONTRACTOR for professional services rendered pursuant to this Agreement the rate of One Hundred One Dollars and Seven Cents ($101.07) per response requested by ANAHEIM. CONTRACTOR'S rate includes any court appearances related to a response. In addition, charges shall be made only on the basis of blood samples drawn, and CONTRACTOR will not separately charge for each test performed on blood from a single sample. CONTRACTOR guarantees satisfactory service, and ANAHEIM shall not be obligated to pay for any services that are not performed to its satisfaction.
It is understood by and agreed between the parties to this Agreement that full and complete compensation for all services provided in accordance with this Agreement shall not exceed the sum of Five Hundred Thousand Dollars ($500,000.00).
3. Except as expressly provided to the contrary herein, all provisions of the Agreement and First Amendment to Agreement shall remain in full force and effect. The Agreement, the First Amendment to Agreement 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 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 October 1, 2023.
[SIGNATURES ON FOLLOWING PAGE]
3 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 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:
DATED: ____________________, 2023
By:
Ashleigh Aitken, Mayor
ATTEST:
By:
City Clerk
“ANAHEIM”
CALIFORNIA FORENSIC PHLEBOTOMY,
INC., a California corporation
DATE OF EXECUTION:
DATED: ____________________, 2023
By:
______________________
________________________
APPROVED AS TO FORM:
By: __
Kristin A. Pelletier
Chief Assistant City Attorney, Civil
Dated: