AGR-6267.B.6 - MERCHANTS BUILDING MAINTENANCE LLC - SIXTH AMENDMENT CUSTODIAL SERVICES FOR CITY PARK FACILITIESp,,R-bab'7•g•b
SIXTH AMENDMENT
TO
CONTRACT
Cuatodial Services for City Park FaciliHes]
THIS SIXTH ND N.T TO CONTRACT (the "Sixth AmendmenP7 is made and
entered inW as of t ri o`Z 2020, by and between the CI7'Y OF ORANGE, a municipal
co poration ("City"), d MERCHANTS BUILDING MAINTENANCE, LLC, ("Contractor"), with
reference to the following:
A. On January 14, 2016, City and Contractor entered into a Contrect (Agreement No.
6267.B),which is incorporated herein by this reference(the"Original ContracP');and
B. On July 12, 2016, City and Conhactor amended the Original Contrect to revise the
Scope of Services and increase compensation for the initial term and extensions by a First Amendment
to Contract (Agreement No. 6267.B.1), which is incocporated herein by this reference (the "Fi[st
AmendmenP;and
C. On April 24, 2018, City and Contrector amended the First Amendment to revise the
Scope of Services and increese compensation by a Second Amendment to Contract(A eement No.
6267.B.2),which is incorporated herein by this reference(the"Second Amendmenf'); and
D. On July 23,2018, City and Conhactor amended the Second Amendment to revise the
Scope of Services, exercise the First Extension end increase compensation by a Third Amendment to
Contract (Agreement No. 6267.B.3), which is incorporeted herein by this reference (the "7'hird
AmendmenP;and
E. On November 13,2018,City and ContracWr amended the Third Amendment to revise
the Scope of Services and increase compensation for the First and Second Extensions by a Fourth
Amendment to Contract (Agreement No. 6267.B.4), which is incorporated herein by this reference
the"Fourth AmendmenY'); end
F. On April 24,2019, City and Contractor amended the Fourth Amendment to revise the
Scope of Services, exercise the Second Extension and incmase compensation by that certain Fifth
Amendment to Contcact (Agreement No. 6267.B.5), which is incorporeted herein by this reference
the"Fifth AmendmenP'); and
G. City and Contractor desire to further amend the Original Contract to modify, amend
and supplement certain portions of the Original Contract to increase compensation.
NOW,THEREFORE,the parties hereby agree es follows:
Section 1. Defned Terms. Except as otherwise defined herein,all capitalized terms used
hercin shall have the meanings set forth for such tcrms in the Original Contract
Section 2. Cross-References. City and Contrector agrce that all teferences in this Sixth
Amendment are deemed and construed to refer to the Original Contract,as implemented by this Sixth
Amendment
Section 3 Comoensation. The total not-to-exceed compensation for the services to be
rendered during the Second Extension, as set focth in Article III of the Original Contract is increased
by FIFTEEN THOUSAND DOLLARS and 00/]00($15,000.00)and Article III is hereby emended in
pertinent part to read as follows:
Extension (the"Second Extension")commencing on July I,2019 and terminating on
June 30, 2020, in an annual amount not to exceed THREE H[JNDRED FIF'IY-NINE
THOUSAND THREE HUNDRED TEN DOLLARS and 44/]00 ($359,310.44) for all
custodial services, inclusive of contingencies."
Section 4. Authoritv of Ciri Manaeer. Pursuant to Section 3.08.430 of the Orange
Municipal Code,the City Manager is authorized to epprove and execute amendments to the Contract
to adjust the compensation as provided herein.
Section 5. Inteeration. This Sixth Amendment amends,as set forth herein,the Original
Contract and, except as specifically amended hereby,the Original Conhact shall remein in full force
and effect. To the extent that there is any conflict or inconsistency between the terms and provisions
of this Sixth Amendment and the terms and provisions of the Original Contract, the terms and
provisions of this Sixth Amendment shell control and govem the rights and obligations of the pazties.
RemaTnder ofpage!n(enliona!!y lefl blank;slgnafures on nert pageJ
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IN WITNESS of this Contract, the parties enter into this ConVact on the yeaz and day£rst
above written.
CONTRACTOR"CITY"
MERCHANTS BUILDING MAINTENANCE, C1TY OF ORANGE,a municipal corporetion
LLC,a C lifomia limited liability company
gY: 83,. /
Prin Name:S Rick Otto,City Menager
Title: ni?L,l/.Yi"i!!
gY;—
Printed N e:APP VED AS TO FORM:
Title:
ery A. S rc, City Att ey
NOTE: IjCONTRACTOR!s a corpo atlon, the City requires 1he jo/lowtng signoture(s):
I) the Chairman oj the Board, the Presldeet or n ['Ice-Presldent, AND (2) the
Secretary, the ChiejFinancia!OJJ7cer, the TYeasurer, an Assistant Secretary or an
Asslstant Trearurer. ]jonly one corporate oJ,yicer erlsts or one corporale o cer
holds more ihat one corpnrate o ce,please so lnGlcatz OR
The corpora[e o cer named in a corporate resoluHon as authorized to ertrer into this
Contract. A copy ojthe corporale ruo/utlon, certifred by the Secrerary close!n time
to the erecutlon ojfhe Con ract,must be provlded to the City.
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