AGR-6267.C - MERCHANTS BUILDING MAINTENANCE, LLCST
AG R-6267.0 .2
SECOND AMENDMENT
TO
CUSTODIAL SERVICES CONTRACT
[City Parks and Faclities(Bid No. 190-16)]
THIS SECOND AMENDMENT TO CUSTODIAL SERVICES AGREEMENT (the
"Second Amendment') is made and entered into as of October 11 , 2022, by and between
the CITY OF ORANGE, a municipal corporation ("City"), and MERCHANTS BUILDING
MAINTENANCE, LLC, a California limited liability company ("Contractor'), with reference to the
following:
A. City and Contractor entered into a Custodial Services Contract (Agreement No.
6267.C) dated as of June 9, 2020, which is incorporated herein by this reference (the "Original
Contract'); and
B. City and Contractor amended the Original Contract to revise the Scope of Services and
increase the compensation by a First Amendment to Original Contract (Agreement No. 6267.C.1)
dated as of May 23, 2022, which is incorporated herein by this reference (the "First Amendment');
and
C. City and Contractor desire to amend the Original Contract to modify, amend and
supplement certain portions of the Original Contract by increasing the compensation.
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. Cross -References. City and Contractor agree that all references in this First
Amendment are deemed and construed to refer to the Original Agreement, as implemented by this
First Amendment.
Section 3. Compensation. The total not -to -exceed compensation for the services to be
rendered as set forth in Section 2.a of the Original Agreement is increased by TWENTY-FOUR
THOUSAND ONE HUNDRED FOURTY-NINE DOLLARS and 041100 ($24,149.04) and Section
2.a is hereby amended in its entirety to read as follows:
"Contractor's total compensation for all services performed under this Agreement, shall
not exceed ONE MILLION SIX HUNDRED TWENTY-SEVEN THOUSAND EIGHT
HUNDRED THIRTEEN DOLLARS and 411100 ($1,627,813.41) without the prior
written authorization of City."
Section 4. Integration. This Second 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 Second Amendment and the terms and provisions of the Original Agreement, the
terms and provisions of this Second Amendment shall control and govern the rights and obligations
of the parties.
IN WITNESS of this Second Amendment, the parties enter into this Second Amendment on
the year and day first above written.
"CONTRACTOR"
MERCHANTS BUILDING MAINTENANCE,
LLC, a California limited liability company
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Printed Name: lonno� l;regory Haas
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"CITY"
CITY OF ORANGE, a municipal corporation
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Mark A. Murphy, Mayor
ATTEST:
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Pamela Coleman, City Clerk
APPROVED AS TO FORM:
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Mary E. Binning
Senior Assistant City Attorney
`NOTE: If Contractor is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice -President, AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or
an Assistant Treasurer. If only one corporate officer exists or one corporate
officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into
this Agreement. A copy of the corporate resolution, certified by the Secretary
close in time to the execution of the Agreement, must be provided to the City.
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