CITY OF FULLERTON
AMENDMENT NUMBER ONE TO THE MAINTENANCE SERVICES AGREEMENT WITH GRAFFITI PROTECTIVE COATINGS INC. (GPC) THIS AMENDMENT NUMBER ONE ("Amendment") to the Maintenance Services Agreement is made and entered into by and between the CITY OF FULLERTON ("City"), a municipal corporation and GRAFFITI PROTECTIVE COATINGS, INC. or GPC (“Consultant”).
RECITALS
WHEREAS, the City and Consultant entered into an Agreement on October 15, 2019 to perform graffiti removal services in a Not to Exceed annual amount of $162,000 each year of Agreement term for three years and an option to renew for two additional one year terms.
WHEREAS, the Consultant has not requested an increase since the commencement of the Agreement.
WHEREAS, the Consultant requested the addition of a second truck and crew member and an increase to their contract amount.
WHEREAS, the City finds the Consultant’s request for the addition of a second truck and crew member and an increase in the contact amount appropriate and well justified.
WHEREAS, the City and Consultant desire to amend the contract amount due to the addition of a second truck and crew member and Consumer Price Index and therefore, increasing the Not to Exceed amount to $378,000 for FY 2023-24.
WHEREAS, the City and Consultant desire to provide the City with an additional three one-year extension periods at the sole discretion of the City Manager.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
Section 1.1 of the Agreement “Scope of Services” is amended to increase the services provided by Consultant to include the provision of a second truck and crew member for graffiti removal services. The Consultant shall provide no less than two trucks and necessary crewmembers to utilize them and perform the services herein.
Section 2.1 of the Agreement “Contract Sum” is amended to increase Consultants compensation in consideration of the increase in the services to be provided. Upon execution of this Amendment by both parties, the Consultant’s annual compensation shall be increased to an amount Not to Exceed $378,000. Commencing on the exercise of the first renewal option granted in this Amendment, the Consultant may request an increase in compensation based upon inflation. The City Manager shall have authority to approve such increase up to the published CPI for All Urban Consumers for Los Angeles Long Beach Anaheim area for the year preceding the request.
Section 3.4 of the Agreement, “Term”, is amended to provide an additional three (3) optional one-year renewal terms which may be exercised by the City Manager.
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 this 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: ____________________
Eric J. Levitt, City Manager
GRAFFITI PROTECTIVE COATINGS INC.
______________________ Date: ____________________
CEO / President
APPROVED AS TO FORM
_________________________ Date: _____________________ Ricard D. Jones, City Attorney