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Home My Public Portal AboutAgreement_2019-07-01_ShelterClean ServicesFIRST AMENDMENT TO AGREEMENT FOR BUS SHELTER MAINTENANCE by and between the CITY OF TEMPLE CITY m SHELTERCLEAN SERVICES, INC. Dated July 1, 2019 RIV #48404328-2571 v1 FIRST AMENDMENT TO AGREEMENT FOR BUS SHELTER MAINTENANCE This First Amendment to Agreement for Bus Shelter Maintenance ("First Amendment"), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF TEMPLE CITY, a California charter city ("City"), and ShelterClean Services, Inc., a corporation ("Contractor"), (collectively the "Parties") as follows: RECITALS A. City and Contractor entered in an Agreement for Bus Shelter Maintenance on July 1, 2017 ("Agreement"). The Agreement provides that Contractor will perform complete maintenance service for all non -advertising bus shelters, bus stops, and/or bus benches as specified in the Scope of Services set forth in Exhibit A. B. Section 1.1 (Term) of the Agreement provides that subject to the provisions of Section 9 (Termination) the term of the Agreement is for 2 years commencing on July 1, 2017 (Term). The Agreement may be renewed for up to an additional three (3) years upon mutual consent of the Parties. C. This First Amendment amends Section 1.1 (Term) extending the Agreement through June 30, 2020 and Section 2.1 (Compensation) to provide that City shall pay to Contractor for non -disputed Services rendered for the period of July 1, 2019 - June 30, 2020, $25 per shelter per month for a total amount not to exceed $9,000. Contractor shall be required to perform extra services on an as needed basis as authorized by the City. Said services may include shelter frame repair or removal, and painting of shelter frames and benches. Prices for these services shall be negotiated as needed but shall not exceed $5,000 without prior written approval of City. Total compensation shall not exceed $14,000. NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows: 1. AMENDMENT. The Agreement is hereby modified and amended as follows: 1.1 Term. Section 1.1 of the Agreement is hereby amended as follows: Subject to the provisions of Section 9 (Termination) of this Agreement, the term of this Agreement is extended for one additional year, through June 30, 2020. The Agreement may be renewed for up to an additional two (2) years upon mutual consent of the Parties. 1.2 Compensation. Section 2.1 of the Agreement is hereby amended as follows: RN #4840-1328-2571 v 1 -2- City shall pay to Contractor for non -disputed Services rendered, the compensation set forth in Exhibit "C" (Compensation) attached hereto and incorporated herein by reference. Total compensation to Contractor for the Services shall not exceed $14,000 without the prior written approval of City in accordance with Section 10.10 (Amendments) and Section 10.19 (Administration and Implementation) 2. GENERAL PROVISIONS. 2.1 Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties. 2.2 Integration. This First Amendment consists of pages 1 through _ inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment. 2.3 Effective Date. This First Amendment shall not become effective until the date it has been formally approved by the City Manager and executed by the appropriate authorities of the City and Contractor. 2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. 2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. CITY: TH B1 ATTEST: Peggy Kuo, City Clerk RIV 44840-1328-2571 v1 -3- APPROVED AS TO FORM Greg Mur i y Attorney CONTRACTOR: Sh P lkc�Clcxz-� .�s� � �5 LnC By: �� Name: A4p n/ Title: NOTE: CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. RIV #4840-1328-2571 v -4- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On d -`r 3(l) "('7' before me, Zaheer Azam a Notary Public Date Here Insert Name and Title of the Officer personally appeared / TL�' /V M It d OF -�_ who proved to me on the basis of satisfactory evidence to be the person* -whose name( is/are— subscribed to the within instrument and acknowledged to me that he/sheAhW executed the same in his/h@FAheir authorized capacity(es)y and that by his/herAtTeir signatureo)on the instrument the person(&)- or the entity upon behalf of which the person(Is}wted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ZANEEN AZAM NOTANY GUELIC CALIFp•11A COMMISSION 12265570 LOS ANGELES COUNTY My Cw m. Exp. May 14.2023 Signatutir— Signature o ublic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Titletion of orpType ofAttached Document:rDocument� A Nht�c,J o Document a e245! riN —� Number of Pages: Signer(s) Other Than Named Above: ti Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other:. Signer Is Representing: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR-eAt1fDR1VtA-- STATE OF CAI IFOF2NIAUWV-Y"I"I''r- ) COUNTY OF L-tit-ANtLftPS MAssw ) On beft personally appeared li::''< r; e. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of-Gatiforrria that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public, State of Qualified in Nassau Commission expires 07/f Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number Of Pages Date Of Document Signer(s) Other Than Named Above EXHIBIT "A"SCOPE OF SERVICES Contractor will furnish all necessary equipment, materials and personnel for the completion of the work in a timely and organized manner. All non -advertising bus shelters, bus benches, and the sidewalk surface immediately under and adjacent to the bus stop, bus shelter, and/or bus bench, as identified in the attached "Location of Bus Shelters" are to be checked, cleaned and otherwise maintained twice each month. Shelters and benches are to be serviced so that they are clean, and free of graffiti, on the day they are serviced. Contractor shall be responsible for cleaning, washing and removing litter, dust, dirt, weeds, and other debris from areas in and within a five (5) foot radius of all structures (including bus stop signs, shelters, benches and waste receptacles), cleaning all interior and exterior metal frames, surfaces, and seating areas including the removal of graffiti, stickers, and posters from the shelters and benches; and performance of routine maintenance such as tightening loose screws or rivets. Contractor shall report extensive vandalism or damage to the City. EXTRA SERVICES: Contractor shall be required to perform extra services on an as needed basis as authorized by the city. Said services may include shelter frame repair or removal, and painting of shelter frames and benches. Prices for these services shall be negotiated as needed LA #4842-7229-1141 vl EXHIBIT "C" COMPENSATION Contractor shall be paid monthly for non -disputed Services rendered as set forth below: Price per monthly maintenance for each location (cleaning a minimum of two times per month) Price per location: $25 x 30 locations = $750.00 per month Annual Not to Exceed: $750 x 12 months = $9,000 Contractor shall submit monthly invoices for work performed. EXTRA SERVICES: Contractor shall be required to perform extra services on an as needed basis as authorized by the city. Said services may include shelter frame repair or removal, and painting of shelter frames and benches. Prices for these services shall be negotiated as needed but shall not exceed $5,000 without prior written approval of City.