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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 ________, 2026, is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation, hereinafter
referred to as "ANAHEIM"
A
N
D
CARPI & CLAY INC., a California Corporation, hereinafter referred to as “CONSULTANT.”
W I T N E S S E T H:
WHEREAS, on March 1, 2021, ANAHEIM entered into an Agreement with CONSULTANT to formulate and assist with federal legislative and regulatory advocacy strategies, including assistance with securing federal support and funding for City programs and services (the “Agreement”) for twelve (12) months with two optional renewals; and WHEREAS, on February 27, 2024, ANAHEIM and CONSULTANT agreed to amend the Agreement to add two (2) additional one-year renewal terms and increase the compensation payable under the Agreement from $180,000 to $315,000; and WHEREAS, ANAHEIM and CONSULTANT wish to again amend the Agreement, this time to add two (2) additional one-year renewal terms, increase the monthly compensation from $5,000 to $5,500, and increase the compensation payable under the Agreement from $315,000 to $447,000.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
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28 1. Paragraph 2 of the Agreement is hereby amended to read in full as follows:
2. TERM
The term of this Agreement shall be for twelve (12) months beginning on March 1, 2021 through February 28, 2022, with an option for up to six (6) one-year renewals at the sole discretion of the City Manager of ANAHEIM, unless terminated earlier pursuant to Section 20 of this Agreement.
2. Paragraph 3 of the Agreement is amended to read in full as follows:
3. COMPENSATION
3.1 ANAHEIM shall pay CONSULTANT, for services satisfactorily performed pursuant to this Agreement, the sum of Five Thousand Five Hundred Dollars ($5,500.00) per month. CONSULTANT and ANAHEIM agree that no changes to the monthly rate shall be made during the term of this Agreement.
3.2 The Parties agree that the Contract Amount set forth below includes all out-of-pocket expenses of CONSULTANT, with the exception of extraordinary expenses or travel-related costs pre-approved by the City Manager. CONSULTANT shall not be reimbursed for any other expenses.
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 Four Hundred and Forty-Seven Thousand Dollars and no/100 ($447,000.00) (“Contract Amount”).
3.4 CONSULTANT shall submit monthly invoices to ANAHEIM for work performed during the billing period. ANAHEIM shall pay CONSULTANT within thirty (30) days after approval of the invoice by ANAHEIM staff.
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 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. 3 1
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28 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 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 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 of CONSULTANT's signator(s) as the date said First Amendment to Agreement, as executed by CONSULTANT, 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.
CITY OF ANAHEIM,DATE OF EXECUTION:
DATED: ____________________, 2026
By:
Ashleigh Aitken, Mayor
CARPI & CLAY, INC.DATE OF EXECUTION:
DATED: ____________________, 2026
By:
______________________
________________________
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28 APPROVED AS TO FORM:
By: __
Kristin A. Pelletier
Chief Assistant City Attorney
Dated: