RESOLUTION NO. 24-03
Resolution Of The City Council Of The City Of Emeryville To Authorize The City Manager To Execute A Third Amendment To The Universal Building Services Maintenance Contract For Additional Janitorial Services At Huchiun Park For A Total Increased Amount Of $17,976.00, And A Total Not To Exceed Contract Amount Of $1,332,210.00
WHEREAS, the City entered into a Maintenance Janitorial Service Contract (Agreement) with Universal Building Services and Supply company August 14, 2019 for various City Buildings, and Portland Loo on Park Avenue throughout the City, and WHEREAS, the City and Contractor entered into a first amendment of the Contract on November 22, 2022 increasing the contract amount by $271,725.00 and extending the termination date of the contract to June 30, 2023; and
WHEREAS, the City and Contractor entered into a second amendment of the Contract on July 28, 2023 for the purpose of increasing the contract amount by $281,235.00 and extending the termination date of the contract to June 30, 2024; and WHEREAS, the City requires additional funding to conduct janitorial services; and WHEREAS, the cost per price for one year is $17,976.00; and WHEREAS, a Third Amendment to the Agreement is needed to pay for the additional services; and
WHEREAS, Funding in the amount of $17,976.00 for this contract amendment is available in CIP Project 15650008 General Maintenance Program; RESOLVED, by the City Council of the City of Emeryville that the City Manager is authorized to enter into a Third Amendment to the Janitorial Service Contract with Universal Building Services and Supply Company, attached hereto as Exhibit A, to increase the total contract amount by $17,976.00 for a total not to exceed contract amount of $1,332,210.00; and, be it, further
RESOLVED, by the City Council of the City of Emeryville that funds from CIP PROJECT 15650008 are transferred to operating budget account 4060-77080 DocuSign Envelope ID: 97F33074-ECCB-460C-B027-87980EEAB957 Resolution No. 24-03
Universal Building Services Contract Amendment
City Council Meeting | January 16, 2024
ADOPTED, by the City Council of the City of Emeryville at a special meeting held Tuesday, January 16, 2024, by the following vote:
AYES: 5
Mayor Welch, Vice Mayor Mourra and Council Members Bauters, Kaur and Priforce
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
Exhibit A – Contractor Proposal for a First Contract Amendment DocuSign Envelope ID: 97F33074-ECCB-460C-B027-87980EEAB957
C A L I F O R N I A
M A I N T E N A N C E S E R V I C E S C O N T R A C T
F O R C I T Y U S E O N L Y
Contract No. CIP No.
Resolution No. Project No.
REV 06/2020
THIRD AMENDMENT
THIS THIRD AMENDMENT TO THE MAINTENANCE SERVICES CONTRACT (“Amendment”) is effective as of _______________ by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and Universal Building Services And Supply Company (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.
W I T N E S S E T H T H A T
WHEREAS, the City and Contractor entered into a Maintenance Services Contract dated August 14, 2019 (“Contract”) for the purpose of retaining the services of Contractor to provide Regular Janitorial Maintenance Services; and WHEREAS, the City and Contractor entered into a first amendment of the Contract on July 1, 2022 for the purpose of increasing the contract amount and extending the termination date of the contract; and
WHEREAS, the City and Contractor entered into a second amendment of the Contract on July 1, 2023 for the purpose of increasing the contract amount and extending the termination date of the contract; and
WHEREAS, the City and Contractor desire to amend the Contract; and WHEREAS, the public interest will be served by this Amendment.
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. AMENDMENT
The Parties agree to amend the Contract as checked below:
1.1 Exhibit A
Exhibit A of the Contract is hereby amended in its entirety and replaced with Exhibit A-Revision Number;
OR
DocuSign Envelope ID: 759E62E7-B256-4F0D-8D42-77D7841E051C DocuSign Envelope ID: 97F33074-ECCB-460C-B027-87980EEAB957 City of Emeryville | Maintenance Services Contract Amendment REV 06/2020
Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-3, attached hereto and incorporated herein by this reference.
1.2 Termination Date
The Parties desire to extend the termination date. Section 1.5 of the Contract is hereby amended to extend the termination date to JUNE 30, 2024.
1.3 Total Compensation Amount
The Parties desire to increase the Total Compensation Amount as set forth in Section 1.3.C of the Contract by SEVENTEEN THOUSAND, NINE HUNDRED, SEVENTY SIX DOLLARS AND NO CENTS ($17,976.00).
The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed ONE MILLION, THREE HUNDRED THIRTY TWO
THOUSAND,TWO HUNDRED TEN DOLLARS AND NO CENTS
($1,332,210.00).
2. CONTINUING EFFECT OF CONTRACT
Except as amended by this Amendment, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment.
From and after the date of this Amendment, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment.
3. 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 Amendment.
4. SEVERABILITY
If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
5. WAIVER
The City’s failure to enforce any provision of this Amendment or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.
SIGNATURES ON FOLLOWING PAGE
DocuSign Envelope ID: 759E62E7-B256-4F0D-8D42-77D7841E051C DocuSign Envelope ID: 97F33074-ECCB-460C-B027-87980EEAB957 City of Emeryville | Maintenance Services Contract Amendment REV 06/2020
6. SIGNATURE PAGE TO MAINTENANCE SERVICES CONTRACT
THIRD AMENDMENT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.
Approved As To Form:
City Attorney
Dated: CITY OF EMERYVILLE
City Manager
Dated: Universal Building Services and Supply Co.
(Signature)
Dario DeVincenzi Operations Manager
Attach:
W-9 Form
Attach:
Business License Certificate
DocuSign Envelope ID: 759E62E7-B256-4F0D-8D42-77D7841E051C 12/18/2023
DocuSign Envelope ID: 97F33074-ECCB-460C-B027-87980EEAB957 November 3, 2023
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
Attention: Daniel Gonzales
We are pleased to submit our proposal for janitorial services to be performed at Huchiun Park, 4311 Hubbard Street, Emeryville, California. Provide cleaning service two (2) times per day, seven (7) days per week for the monthly cost of $2,247.00.
All other terms and conditions of this agreement remain unchanged.
If you have any questions, please do not hesitate to call me or Victor Orozco at 510/527-1078.
Sincerely,
Universal Building Services
Dario DeVincenzi
Dario DeVincenzi
Operations Manager
Upon acceptance, please return one executed copy of this agreement indicating the effective date, at which time service will begin.
Accepted by Date
Effective Date
DD: kc
All correspondence to:
3120 Pierce Street
Richmond ▪ CA, 94804
(510) 527-1078
1-800-869-6677
Fax (510) 526-7289
ubsco.com
▄JANITORIAL DIVISION ▄SUPPLY DIVISION▄POWER SWEEPING DIVISION DocuSign Envelope ID: 759E62E7-B256-4F0D-8D42-77D7841E051C DocuSign Envelope ID: 97F33074-ECCB-460C-B027-87980EEAB957