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35 AMENDMENT NUMBER 3 TO THE DAY PORTER AND SIDEWALK CLEANING
SERVICES CONTRACT
BETWEEN THE CITY OF LAGUNA BEACH AND
SPECTRUM FACILITY MAINTENANCE
This agreement (Amendment #3) is made and entered as of July 8, 2024, by and between the City of Laguna Beach (a municipal corporation organized under the laws of the State of California with its principal place of business at 505 Forest Ave, Laguna Beach, California 92651) ("City") and Spectrum Facility Maintenance (a corporation with its principal place of business at 1326 Border Ave, Torrance, California 90501) ("Contractor"). The City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."
RECITALS
A. WHEREAS, the Parties entered a 2-year contract (with the option to extend for up to three additional one-year terms) on October 20, 2020, for the performance of day porter and sidewalk cleaning services ("Agreement"); and B. WHEREAS, the Parties amended the Agreement to extend the agreement for a period of one-year on October 28, 2022 ("Amendment #1 ") and September 25, 2023 ("Amendment #2"); and
C. WHEREAS, the City approved an increase of the annual compensation amount at its regular council meeting on May 14, 2024; and D. WHEREAS, the Parties now desire to further amend the Agreement (Amendment #3) to extend the term and revise and increase the not-to-exceed compensation amount.
NOW, THEREFORE, in consideration of the above recitals and the provisions contained in this Amendment #3 and the Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct, and they are hereby incorporated herein by this reference.
2. Amendment. The Agreement as modified is hereby amended as follows:
a. Payment and Limitation of Cost. Article 4 shall be amended as follows: "The CITY shall compensate INDEPENDENT CONTRACTOR for services performed under Article 2, as further defined in Appendix A, in accordance with the following schedule: Not to Exceed $1,104,628 per Fiscal Year."
3. Continuing Effect of Agreement. Except as amended by this Amendment #3, all provisions of the Agreement as modified (including without limitation the indemnity and insurance provisions) shall remain in full force and effect and shall govern the actions of the Parties under this Amendment #3. Whenever the term "Agreement" appears in the original Agreement from and after the date of this Amendment #3, it shall mean the Agreement as amended by this Amendment #3. 1 #20-121
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