ORANGE\DDERLETH\55191.2 PTEAM 03102022
CITY OF CORONA
FIRST AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH QUALITY FENCE CO., INC.
ON-CALL FENCING REPAIR SERVICES
24 HOURS A DAY, 7 DAYS A WEEK & 365 DAYS A YEAR
1. PARTIES AND DATE.
This First Amendment to the Maintenance/General Services Agreement (First Amendment”) is made and entered into this 15th day of June 2022, by and between the City of Corona (“City”) and Quality Fencing Co, Inc., a California corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this First Amendment.
2. RECITALS.
2.1 Agreement. City and Contractor entered into that certain Maintenance/General Services Agreement dated August 17, 2021 (“Agreement”), whereby Contractor agreed to provide, desires to engage Contractor to render such services for the On-Call Fencing Repair Services 24 Hours A Day, 7 Days A Week & 365 Days A Year (“Project”) as set forth in this Agreement.
2.2 Amendment. City and Contractor desire to amend the Agreement for the first time to (1) modify the Schedule of Services of the Agreement to include optional renewals; (2) increase the compensation from $100,000.00 to $200,000.00; and (3) replace Exhibit “B” (Schedule of Services) with Exhibit “B-1” (Schedule of Services).
3. TERM.
3.1 Schedule of Services. Section 3.2.2 and Exhibit “B” (Schedule of Services) of the Agreement are hereby deleted in their entirety and replaced with the following:
.
“3.2.2 Schedule of Services. Contractor shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth in Exhibit “B-1” attached hereto and incorporated herein by reference, and in accordance with any other completion schedule or milestones which may be separately agreed upon in writing by the Parties. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, DocuSign Envelope ID: 67C47352-9338-4600-AE7E-1202E54147B1 2 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.”
3.2 Rates & Total Compensation. Section 3.3.1 of the Agreement is hereby deleted in its entirety and replaced with the following:
.
“3.3.1 Rates & Total Compensation. Contractor shall
receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference.
The total compensation including authorized reimbursements, shall not exceed Two Hundred Thousand Dollars ($200,000.00) per fiscal years ending June 30, 2022 and June 30, 2023 (“Total Compensation”) without written approval of City’s Representative.
Extra Work may be authorized, as described in the agreement, and if authorized, will be compensated at the rates and manner set forth in the Agreement.”
3.3 Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Amendment.
3.5 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 67C47352-9338-4600-AE7E-1202E54147B1 3 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
CITY OF CORONA
FIRST AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH QUALITY FENCE CO., INC.
ON-CALL FENCING REPAIR SERVICES
24 HOURS A DAY, 7 DAYS A WEEK & 365 DAYS A YEAR
IN WITNESS WHEREOF, the Parties have entered into this First Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.
CITY OF CORONA
By: _________________________
Tom Moody
Director of Utilities
Reviewed By: _________________________
Katie Hockett
Assistant Director of Utilities
Reviewed By: _________________________
Aftab Hussain
Maintenance Service Manager
Reviewed By: _________________________
Scott Briggs
Acting Purchasing Manager
DocuSign Envelope ID: 67C47352-9338-4600-AE7E-1202E54147B1 ORANGE\DDERLETH\55191.2 PTEAM 03102022
CITY OF CORONA
FIRST AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH QUALITY FENCE CO., INC.
ON-CALL FENCING REPAIR SERVICES
24 HOURS A DAY, 7 DAYS A WEEK & 365 DAYS A YEAR
IN WITNESS WHEREOF, the Parties have entered into this First Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.
QUALITY FENCE CO., INC.
a California corporation
By: _________________________
William Cavanaugh
President
By: _________________________
Frank Tobias
Secretary
DocuSign Envelope ID: 67C47352-9338-4600-AE7E-1202E54147B1 ORANGE\DDERLETH\55191.2 PTEAM 03102022
EXHIBIT “B-1”
SCHEDULE OF SERVICES
Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional On-Call Fencing Repair Services 24 Hours A Day, 7 Days A Week & 365 Days A Year maintenance or other general services necessary for the project (“Services”).
Contract Term
The Term shall be effective on or about July 21, 2021 through June 30, 2023 with three (3) additional options for one (1) year renewal periods, on an as-needed basis, with no guaranteed usage for On-Call Fencing Repair Services 24 Hours A Day, 7 Days A Week & 365 Days A Year.
Prices shall remain effective and in force for the entire first contract term. City reserves the right to exercise option year renewals in its sole discretion. Subsequent purchase order periods, if exercised by the City, are as follows:
Option 1, if exercised, shall be effective July 1, 2023 through June 30, 2024 Option 2, if exercised, shall be effective July 1, 2024 through June 30, 2025 Option 3, if exercised, shall be effective July 1, 2025 through June 30, 2026 Option year pricing shall be negotiated by the Parties prior to commencement of each additional new fiscal year period. Negotiated price adjustments will be made in accordance with and shall not exceed the percentage of change in the United States Bureau of Labor Statistics Consumer Price Index “All Urban Consumers for Riverside, California, Area (CPI-U), not seasonally adjusted, for the most recent twelve (12) months for which statistics are available. This method of price adjustment shall apply to each extension period exercised. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order.
DocuSign Envelope ID: 67C47352-9338-4600-AE7E-1202E54147B1