CITY OF FULLERTON
AMENDMENT NUMBER THREE TO PROFESSIONAL SERVICES AGREEMENT WITH
EXECUTIVE EVENT SERVICES
THIS AMENDMENT NUMBER THREE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment") is made and entered into this 21st day of June, 2022 ("Effective Date"), by and between the CITY OF FULLERTON, a California municipal corporation ("City", and EXECUTIVE EVENT SERVICES, LLC, a California limited liability company (Contractor").
RECITALS
A. On November 20, 2018, the City and Contractor entered into a Professional Services Agreement for Contractor to provide security services at certain City facilities ("Agreement").
B. The Agreement provides for an initial term of two (2) years, with the option for the City and Contractor to extend the term for up to three (3) additional one (1) year periods by mutual agreement of the parties.
The City and Contractor amended the Agreement to include additional services at additional locations due to the onset of the COVID-19 pandemic through Amendment Number One to the Agreement.
The City and Contractor amended the Agreement to adjust Contractor's compensation due to minimum wage increases mandated by the State and extended the term of the Agreement through December 31, 2021 through Amendment Number Two to the Agreement.
On December 21, 2021, the City and Contractor agreed to extend the term through November 20, 2022.
F. Due to economic conditions, Contractor has requested rate increases, effective July 1, 2022.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
Section III of the Agreement, "Compensation," is amended to read as follows:
A. Compensation. Contractor shall be paid as follows:
1. For the period commencing July 1, 2022 and ending November 20, 2022, City agrees to pay Contractor at the following rates:
a. Regular Rate: $25.25 per hour
b. Holiday Rate: $37.88 per hour
2. If City and Contractor agree to extend the term of the Agreement through November 20, 2023, City agrees to pay Contractor as follows during such extension period:
a. For the period commencing November 21, 2022 and ending December 31, 2022, Contractor shall be paid at the following rates:
Regular Rate: $25.25 per hour
ii. Holiday Rate: $37.88 per hour
1 b. For the period commencing January 1, 2023 and ending November 20, 2023, Contractor shall be paid at the following rates:
i. Regular Rate: $26.75 per hour
Holiday Rate: $40.13 per hour
B. Additional Services. Contractor shalt not receive compensation for any services provided outside the scope of services specified in the Contractor's Proposal unless the City Manager or designee, prior to Contractor performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
C. Method of Billing. Contractor may submit invoices to the City for approval on a progress basis, but no more often than two times per month. Each invoice shall be based on the total of all Contractor's services which have been completed to the City's sole satisfaction. City shall pay Contractor's invoice within forty-five (45) days from the date City receives an invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Contractor shall identify any additional services approved in writing by an authorized City representative and performed pursuant to this Agreement as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2. All terms not defined herein shall have the same meaning and use as set forth in the Agreement.
3. All other terms, conditions, and provisions of the Agreement not in conflict with this Amendment shall remain in full force and effect.
This Amendment may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by and through their respective authorized officers.
CONTRACTOR
Rat Sixf Date: _6/9/2022
obby State
President
CITY OF FULLERTON
Date:
Eric Levitt
City Manager
2 ATTEST:
Lucinda Williams
City Clerk
APPROVED AS TO FORM:
Richard D. Jones
City Attorney