ORANGE\DDERLETH\55191.2 PTEAM 03102022
CITY OF CORONA
THIRD AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH
KALMIKOV ENTERPRISES, INC. DBA FIRE APPARATUS SOLUTIONS (FIRE APPARATUS ONSITE REPAIRS AND AS-NEEDED SERVICES)
1. PARTIES AND DATE.
This Third Amendment to the Maintenance/General Services Agreement (“Third Amendment”) is made and entered into this _______ day of ________, 2024 by and between the City of Corona (“City”) and Kalmikov Enterprises, Inc., dba Fire Apparatus Solutions, a California corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Third Amendment.
2. RECITALS.
2.1 Agreement. City and Contractor entered into that certain Maintenance/General Services Agreement dated October 16, 2020 (“Agreement”), whereby Contractor agreed to provide fire apparatus onsite repairs and as-needed services.
2.2 Prior Amendments. City and Contractor entered into that certain First Amendment to the Maintenance/General Services Agreement on or about August 26, 2021 (“First Amendment”). City and Contractor entered into that certain Second Amendment to the Maintenance/General Services Agreement on or about March 16, 2022 (“Second Amendment”).
2.3 Amendment. City and Consultant desire to amend the Agreement for the third time to (1) extend the Agreement Term through June 30, 2027; and (2) amend the Rates & Total Compensation for $250,000 per fiscal year ending June 30, 2025, June 30, 2026, and June 30, 2027.
3. TERMS.
3.1 Term. Section 3.1.2 of the Agreement as amended by the Second Amendment is hereby deleted in its entirety and replaced with the following:
“The term of this Agreement shall be from October 27,
2020 to June 30, 2027 (“Term”), unless earlier terminated as provided herein. Contractor shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to Section 3.5.8 below (each a “Renewal Term”). The terms “Term” and “Renewal Term” Docusign Envelope ID: BC0211FD-8B3C-4241-8B21-DE9FFDF26B95 2 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
may sometimes be generally and collectively referred to as “Term” in this Agreement.”
3.2 Rates & Total Compensation. Section 3.3.1 (Rates & Total Compensation) of the Agreement, as amended by the Second Amendment, is hereby deleted in its entirety and replaced by the following:
“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 Fifty Thousand Dollars ($250,000.00) per fiscal year (“Total
Compensation”) without written approval of City’s
Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
3.3 Continuing Effect of Agreement. Except as amended by this Third Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this Third Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Third 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 Third Amendment.
3.5 Counterparts. This Third 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: BC0211FD-8B3C-4241-8B21-DE9FFDF26B95 3 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
CITY’S SIGNATURE PAGE
FOR
THIRD AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH
KALMIKOV ENTERPRISES, INC. DBA FIRE APPARATUS SOLUTIONS (FIRE APPARATUS ONSITE REPAIRS AND AS-NEEDED SERVICES)
IN WITNESS WHEREOF, the Parties have entered into this Third Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.
CITY OF CORONA
By: _________________________
Savat Khamphou
Public Works Director/ City Engineer
Reviewed By: _________________________
Kenny Ngyuen
CIP Manager/ Assistant City Engineer
Reviewed By: _________________________
Michael Griesinger
Fleet Manager
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
Attest: _________________________
Sylvia Edwards, City of Corona, CA
City Clerk
Docusign Envelope ID: BC0211FD-8B3C-4241-8B21-DE9FFDF26B95 ORANGE\DDERLETH\55191.2 PTEAM 03102022
CONTRACTOR’S SIGNATURE PAGE
FOR
THIRD AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH
KALMIKOV ENTERPRISES, INC. DBA FIRE APPARATUS SOLUTIONS (FIRE APPARATUS ONSITE REPAIRS AND AS-NEEDED SERVICES)
IN WITNESS WHEREOF, the Parties have entered into this Third Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.
KALMIKOV ENTERPRISES DBA/
FIRE APPARATUS SOLUTIONS
a California corporation
By: _________________________
William Kalmikov
Chief Executive Officer/ Chief Financial Officer
Docusign Envelope ID: BC0211FD-8B3C-4241-8B21-DE9FFDF26B95