HomeMy WebLinkAboutAGR-7710.1 - MERCHANTS BUILDING MAINTENANCE, LLC. - CITY PARKS CUSTODIAL SERVICES - BID NO. 23-24.29
FIRST AMENDMENT
TO
CUSTODIAL SERVICES CONTRACT
[City Parks Facilities (Bid No. 23-24.29)]
THIS FIRST AMENDMENT TO CUSTODIAL SERVICES CONTRACT (the “First
Amendment”) is made and entered into as of _________________, 2025 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.
7710) dated as of June 25, 2024, which is incorporated herein by this reference (the “Original
Agreement”); and
B. City and Contractor desire to amend the Original Agreement to modify, amend and
supplement certain portions of the Original Agreement by revising the Scope of Services and
decreasing 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 Revised Scope of Services. The Scope of Services, Attachment No.2,
Section B, of the Original Agreement, is hereby amended, modified and supplemented to include
the services described on Exhibit A attached hereto and incorporated herein by this reference.
Section 4 Compensation. The total not-to-exceed compensation for the services to
be rendered as set forth in Article 3.c of the Original Agreement is decreased by SIXTEEN
THOUSAND SEVEN HUNDRED TWENTY DOLLARS and 00/100 ($16,720.00) and Article
3.c is hereby amended in its entirety to read as follows:
“The total amount of compensation under this contract, including contingencies,
shall not exceed ONE MILLION FIVE HUNDRED ONE THOUSAND NINE
HUNDRED FIFTY DOLLARS and 76/100 ($1,501,950.76).”
Section 5. Authority of City Manager. Pursuant to Section 3.08.430 of the Orange
Municipal Code, the City Manager is authorized to approve and execute amendments to the
Agreement to adjust the compensation as provided herein.
Docusign Envelope ID: 0C0F40D3-26D9-4390-9DA3-F21F15F6175D
AGR-7710.1
February 19
2
Section 6. Integration. 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.
IN WITNESS of this First Amendment, the parties enter into this First Amendment on the
year and day first above written.
“CONTRACTOR” “CITY”
MERCHANTS BUILDING MAINTENANCE, CITY OF ORANGE, a municipal corporation
LLC, a California limited liability company
*By: By:
Printed Name: Thomas C. Kisela, City Manager
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mike Vigliotta, City Attorney
By:
Nathalie Adourian
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.
√
Docusign Envelope ID: 0C0F40D3-26D9-4390-9DA3-F21F15F6175D
EXHIBIT “A”
SUPPLEMENTAL SCOPE OF SERVICES
[Behind this page.]
Docusign Envelope ID: 0C0F40D3-26D9-4390-9DA3-F21F15F6175D
Docusign Envelope ID: 0C0F40D3-26D9-4390-9DA3-F21F15F6175D
Docusign Envelope ID: 0C0F40D3-26D9-4390-9DA3-F21F15F6175D
Docusign Envelope ID: 0C0F40D3-26D9-4390-9DA3-F21F15F6175D
Docusign Envelope ID: 0C0F40D3-26D9-4390-9DA3-F21F15F6175D
Docusign Envelope ID: 0C0F40D3-26D9-4390-9DA3-F21F15F6175D
Docusign Envelope ID: 0C0F40D3-26D9-4390-9DA3-F21F15F6175D
Docusign Envelope ID: 0C0F40D3-26D9-4390-9DA3-F21F15F6175D
Docusign Envelope ID: 0C0F40D3-26D9-4390-9DA3-F21F15F6175D
Docusign Envelope ID: 0C0F40D3-26D9-4390-9DA3-F21F15F6175D