01225.0001/863605.1
CONTRACT NO.: _2024-135, A1__
APPROVED: ______________
AMENDMENT NO. 1
TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and RTS 85, INC., a corporation (“Consultant”) is effective as of the 7th day of November 2023.
RECITALS
A. City and Consultant entered into that certain Agr eement for Contractual Services dated October 3, 2023 (“Agreement”) whereby Consultant agreed to provide carnival rides.
B. City and Consultant now desire to amend the Agreement to in crease the scope of services and compensation.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. (a) The Scope of Services at Exhibit “1” of the Agreement is amended to add the following additional services to be provided by Consultant as part of the Amendment:
“Six (6) Carnival Rides for the Chino Youth Christmas Parade and Fair at the Chino Civic Center, 13220 Central Avenue, on December 9, 2023.” (b) The following exhibit is included and all other terms and conditions remain unchanged:
EXHIBIT 1: Scope of Work dated October 9, 2023.
(c) Section 2, Contract Sum , add the following:
“ Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the attached hereto as Exhibit “1” and incorporated herein by this reference. Compensation is revised to increase the Contract Sum by Twenty-Seven Thousand Dollars and Zero Cents ($27,000.00), for a new total Contract Sum not -to-exceed Fifty -Eight Thousand Five Hundred Dollars and Zero Cents ($58,500.00).”
2. Continuing Ef fect of Agreement. Except as amended by this A mendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty R e Absence of Defaults. City and Consultant each ratify and reaffirm each and every on e of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party 01225.0001/863605.1
represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a mat erial default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or th e giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipula te and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment , such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
01225.0001/863605.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:
Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ ___________________________________ Fred Galante, City Attorney Silvia Avalos, Director of Community Services, Parks & Recreation
CONSULTANT:
RTS 85 Inc.
By:
Name: Robert Swartwood
Title: President
Address: 13174 Orange Court
Chino, CA 91710
Attachment:
Exhibit “1,” Scope of Work, dated October 9, 2023, consisting of two (2) pages.
EXHIBIT“1" October9,2023
ScopeofWork
RTS85INC/DbaTheFerrisWheelRentalswillprovide(O6)rides:FerrisWheel,GiantSlide, RoundUp,SpintheBears,Clatterpillar,Tornado,and(02)Generators.
RT585INC.provides:Delivery,staff(Set-up,event& breakdown),generators,fireextinguishers asneeded,ridepermits,fencing/gates,rideoperators,powerwiresasneeded,wirecoversas needed,removalofrides
CityProvides:Staffsellingwristbandsandwristbands
Event:ChinoYouthChristmasParadeandFair
EventDate:December9,2023
EventTime:9:00a.m.-2:00p.m.
DropOffDate:12/8/23
DropOff:After6p.m.
SetUpDate:12/8/23p.m.-12/9/23a.m.
SetUpCompleteby:8:00a.m.on12/9
BreakDownDate:12/9/23
BreakDownTime:Ridesmustberemovedby4:30p.m.
Location:ChinoCivicCenter
TotalCost:$27,000.00
RTS85INC.requirements:Ridestobecleanandfreeofdebrisordirt,mustbereadyfor inspectionby8:00a.m.Mustacceptwristbandsuntil2:00p.m.andlastridermustbeoffby 2:00p.m.
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WWW/055’ y/Jfmmm3/95? wage/w
RTS85INC.03ATHEFERRISWHEELRENTALS
BobSwartwood
13174OrangeCtChino,Ca91710
[email protected]
Cell(951)212—6560
QUOTEAGREEMENT
Customer: ChinoChristmasParade
Contact: CristinaAguirre
Event 12/9/2023
Hours 9amto2pm
Setupequipmenton12/8/2023at6pm
Location ChinoCityHail
13220CentralAve
ChinoCa91710
1 FERRISWHEEL 50'X30'
1 GIANTSLIDE 110'X20‘
1 TORNADO 50'DIAMETER
l ROUNDUP 45'DIAMETER
1 SPINTHEBEARS 35'DIAMETER
1 CLATI'ERPILLAR 45'X50'TRIANGLE
2 GENERATORS
RIDES>>>>>>>>>>>>>>>$25,000.00
GENERATORS>>>>>>>>>$2,000.00
TOTAL>>>>>>>>>>>>>>$27,000.00
PAYMENTDUEUPONSETUP
PayabletoRTS85INC
EIN:87-3694894
RTS85INC Date Customer Dat
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