CITY OF FULLERTON
AMENDMENT NUMBER ONE TO THE MAINTENANCE SERVICES AGREEMENT WITH SWEEPING CORP OF AMERICA (SCA) THIS AMENDMENT NUMBER ONE ("Amendment") to the Maintenance Services Agreement is made and entered into by and between the CITY OF FULLERTON ("City") and SWEEPING CORP OF AMERICA or SCA (“Contractor”).
RECITALS
WHEREAS, the City and Contractor entered into the Agreement on June 18, 2019 to perform street cleaning services in a Not to Exceed contract amount of $750,000.
WHEREAS, the Contractor has not requested a Consumer Price Index (CPI) increase since the commencement of the Agreement.
WHEREAS, the Contractor requested a 5.8% increase to their contract amount on June 23, 2023 which equates to an annual average increase of 1.45% over the past four (4) years.
WHEREAS, the Contractor may increase its fees no more than once a year for the remaining term of the Agreement provided that no increase shall exceed the CPI for All Urban Consumers for the Los Angeles – Long Beach – Anaheim Area as stated in the Agreement.
WHEREAS, the data provided by the U.S. Bureau of Labor Statistics indicate a cumulative CPI of 13.99% from June 2020 to July 2023 which equates to an annual average CPI of 4.66%.
WHEREAS, the City finds the Contractor’s request of a 5.8% increase to the contact amount appropriate and well justified.
WHEREAS, the City and Contractor desire to amend the contract amount due to Consumer Price Index and therefore, increasing the Not to Exceed amount to $800,000.
WHEREAS, the City Council authorizes City Manager to approve increase request for the subsequent years for the two one-year extension periods as long as the requests do not exceed the CPI for All Urban Consumers.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
Section 2.1 of the Agreement, “Compensation”, is amended to supersede the fee amounts referenced in Exhibit C and D of the Agreement with the approved CPI increase request of 5.8%, bringing the Not to Exceed amount to $800,000.
Except as set forth in this Amendment, all terms and provisions of the Agreement, as amended, shall remain in full force and effect.
All terms not defined herein shall have the same meaning and use as set forth in the Agreement, as amended.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts together with the Agreement and Amendment One shall constitute one agreement.
IN WITNESS WHEROF, the parties hereto have caused this Amendment to be executed by and through their respective authorized officers.
CITY OF FULLERTON
______________________ Date: ____________________
Public Works Director
SWEEPING CORP OF AMERICA
______________________ Date: ____________________
CEO / President
APPROVED AS TO FORM
_________________________ Date: _____________________ Ricard D. Jones, City Attorney