FIRST AMENDMENT
TO
AGREEMENT FOR MOBILE MENTAL CRISIS RESPONSE SERVICES
BY AND BETWEEN
THE CITY OF ANAHEIM AND
BE WELL OC
THIS FIRST AMENDMENT TO AGREEMENT FOR MOBILE MENT AL CRISIS RESPONSE SERVICES (the “First Amendment”), is dated for purposes of identification only as of _______________, 20 24 by and between the CITY OF ANAHEIM, a municipal corporation and charter city (the “ Anaheim”), and BE WELL OC, a California non- profit corporation, (herein referred to as “Contractor”), with reference to the following:
A. Anaheim and Contractor entered into that certain Agreement dated as of June 27, 2023, which is incorporated herein by this reference (the “Original Agreement”).
B. The Term, as defined in the Original Agreement, expires on June 30, 2024.
C. Anaheim and the Contractor (each, a “Party” and, jointly, the “Parties”) desire to amend the Original Agreement to extend the term of the Original Agreement through and including September 30, 2024, and provide for compensation during the Term extension period.
NOW, THEREFORE, the Parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
Section 2. Term. The Parties hereby agree that Paragraph 3 (Term) of the Original Agreement is hereby amended to include the following new Section 3.1.1 reading in full as follows:
“Pursuant to mutual written consent of Anaheim and the Contract or, the Term may be extended for an additional ninety (90) days, subject to all the terms and conditions of this Agreement, and any amendment thereto, and so extended, and subject to Sections 10 and 25 below, the Term shall then continue to and including September 30, 2024.” Section 3. Compensation. The Parties hereby agree that Paragraph 4 (Compensation) of the Original Agreement is hereby amended to include the following new Section 4.3.1 reading in full as follows:
“If pursuant to Section 3.1.1., the Term is extended to September 30, 2024, it is understood by and agreed between the Parties that the Contract Amount shall increase by Four Hundred Thousand Dollars and No/100 Cents ($400,000.00) and 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 One 2 Million, Seven Hundred Thousand Dollars and No/100 Cents ($1,700,000.00).
Section 3. Integration. This First Amendment and the Original Agreement specifically referred to herein, and all attachments t hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect to the subject matter hereof. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the Parties.
Section 4. Binding Effect of Agreement . Each of the Parties to this First Amendment represents that the person signing this First Amendment on behalf of such Party is fully authorized to execute the First Amendment on behalf such Party and has the full legal authority to bind his or her respective Party to all of the terms, conditions and provisions of this First Amendment and that no other approvals or consents are necessary in connection therewith.
All terms and conditions of this First Amendment shall be binding upon the Parties , their heirs, administrators, successors, representatives and/or assigns.
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3 IN WITNESS HEREOF, the Parties enter into this Second Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
BE WELL OC CITY OF ANAHEIM,
a California non-profit corporation a municipal corporation and charter city
By: By:
Phillip Franks Jim Vanderpool
Chief Executive Officer City Manager
APPROVED AS TO FORM: ATTEST:
ROBERT FABELA, CITY ATTORNEY THERESA BASS, CITY CLERK
By: By:
Leonie Mulvihill Theresa Bass
Assistant City Attorney
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