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CONTRACT 3898C Amendment CLOSEDTHIRD AMENDMENT TO AGREEMENT NO. 3898 BETWEEN THE CITY OF EL SEGUNDO AND BELL BUILDING MAINTENANCE COMPANY THIS THIRD AMENDMENT TO AGREEMENT NO. 3898 ( "Amendment ") is made, by and between the CITY OF EL SEGUNDO, a municipal corporation existing under the laws of the State of California ( "CITY "), and BELL BUILDING MAINTENANCE COMPANY, a sole proprietorship ( "CONTRACTOR") as of this 5th day of July, 2011. The CITY and CONTRACTOR will be referred to individually and collectively as the ( "Party" or "Parties "). The Parties agree as follows: 1. RECITALS. This Amendment is entered into with the following understandings and objectives: A. CITY and CONTRACTOR entered into that certain Agreement No. 3898 ( "Agreement ") for janitorial services to several of CITY's buildings including the CITY's public library ( "Library') dated January 21, 2009; B. CITY and CONTRATOR subsequently entered into that certain Amendment to Agreement No. 3898 dated February 1, 2010 to amend the Agreement to reduce CONTRACTOR's monthly service change based on the fact that the Library would be closed to the public on Sundays. C. As of January 7, 2011, CITY has determined that Library will be also closed to the public on Fridays ( "Library Closure "); D. As a result of the Library Closure, CITY and CONTRACTOR agree to reduce CONTRACTOR's monthly service charge for performance of janitorial services to Library by TWO HUNDRED AND FORTY AND NO 1100 DOLLARS ($240.00) per month ( "Reduction "); E. The Reduction is evidenced by written correspondence, dated June 14, 2011, which is attached as Exhibit A and incorporated by reference. F. The Parties desire to amend the Agreement pursuant to the terms herein. 2. Defined Terms. All capitalized terms used in this Amendment, unless otherwise defined herein, must have the meanings given such terms in the Agreement. 3. Incorporation By Reference. The above referenced Recitals are incorporated herein. 4. Reduction. The current monthly service charge for janitorial service to Library is ONE THOUSAND EIGHT HUNDRED AND FIFTEEN AND N01100 DOLLARS ($1,815.00). Pursuant to the Reduction hereof, the new monthly service charge for janitorial service to Library is ONE THOUSAND FIVE HUNDRED AND SEVENTY -FIVE AND N01100 DOLLARS ($1,575.00). 5. Conflict Between Amendment and Agreement. In the event of a conflict between terms and conditions of this Amendment and the terms and conditions of the Agreement, the terms and conditions of this Amendment must control. 6. No Further Modification. Except as modified by this Amendment, all other terms and conditions of the Agreement remain unmodified and in full force and effect. 7. Facsimile /Electronic Signature Counterparts. This Amendment may be executed in facsimile or electronic format counterparts, each facsimile or signature in electronic format must be deemed an original, and all such facsimile or electronic signature counterparts, when taken together, must constitute one (1) agreement. 8. Final Agreement. This Amendment represents the final understanding of the Parties and all before and contemporaneous understandings, covenants and agreements between the Parties are merged into this Amendment. [SIGNATURES ON NEXT PAGE] iL,' -, w IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO, a municipal corporation . I 11V- <'/� I ............... . . . . . . . . . . ........ Doug Willmore City Manager ATTEST: fCidy—,�� eslerk APPROVED AS TO FORM: M 4): - NSLEY, City, torAt By: Karl H. Berger, Assistant BELL BUILDING MAINTENANCE COMPANY, a sole proprietorship Its: Vice President Taxpayer ID No. _, 95-4706174 Yage 1 or 2 ffiIBIT A Shilling, Mona From: Shilling, Mona Sent: Monday, August 29, 2011 1:57 PM To: 'ChristineD @BeIIBMC.com' Cc: Herbert, Mark Subject: FW: Bell Insurance Attachments: El Segundo Insurance 2011- 2012.pdf Christine, Thank you for the confirmation of the monthly service fee for the City of El Segundo Library. Yes, I do have these Certificates, the first page is fine; however, if you look at the second page, the name of insured (upper, left hand side) it doesn't say "Bell Building Maintenance Co." It says "City of Santa Clartia ". From: Christine D [mailto:ChristineD @BellBMC.com] Sent: Monday, August 29, 201111:50 AM To: Shilling, Mona Subject: FW: Bell Insurance • • From: Christine D Sent: Monday, July 11, 2011 12:39 PM To: 'Herbert, Mark' Subject: RE: Bell Insurance 8/29/2011 E%1 BIT A r &---iRagA of 2 Please I sent out the renewal for GI and Workers Comp before the expiration date. But will send you a copy as well a1ita4W-ed file. .. . From: Herbert, Mark [mailto:MHerbert@elsegundo.org] Sent: Monday, July 11, 2011 11:57 AM To: Christine D Subject: FW: Bell Insurance Hi Christine, Thank you for getting the signed amendment form for the El Segundo Library back to me today. I took the paperwork over to City Hall, where I was told that the City does not have an updated copy of Bell's Certificate of Liability Insurance and endorsements; the copy on file here expired January 10, 2010. The endorsement at the end of the attached PDF is form CG 20 10 1185. Would you mind either emailing or faxing copies of the current certificate and endorsement to me so I can get this wrapped up on our end? The fax number here is (310) 648 -7560. Thank you very much for your help. Mark Herbert Senior Librarian El Segundo Public Library 11i W. Mariposa Avenue EI Segundo, CA 90245 (310) 524 -2732 From: Domann, Cathy Sent: Monday, July 11, 2011 11:36 AM To: Herbert, Mark Subject: Bell Insurance - 8/292011 Page I of 2 EMBIT A Aw- Shilling, Mona From: Christine D [ChdstineD@BelIBMC.coml Sent: Monday, August 29, 2011 11:50 AM To: Shilling, Mona Subject: FW: Bell Insurance Attachments: El Segundo Insurance 2011-2012.pdf From: Christine D Sent: Monday, July 11, 2011 12:39 PM To: 'Herbert, Mark' Subject: RE: Bell Insurance I sent out the renewal for GI and Workers Comp before the expiration date. But will send you a copy as well Please see attached file. From: Herbert, Mark [mailto:MHerbert@elsegundo.org] 8129/2011 XMIJ611 A .p.. Rage 2 of 2 Sent: Monday, July 11, 201111:57 AM To: Christine D Subject: FW: Bell Insurance Hi Christine, Thank you for getting the signed amendment form for the El Segundo Library back to me today. I took the paperwork over to City Hall, where I was told that the City does not have an updated copy of Bell's Certificate of Liability Insurance and endorsements; the copy on file here expired January 10, 2010. The endorsement at the end of the attached PDF is form CG 20 10 11 85. Would you mind either emailing or faxing copies of the current certificate and endorsement to me so I can get this wrapped up on our end? The fax number here is (310) 648 -7560. Thank you very much for your help. Mark Herbert Senior Librarian El Segundo Public Library III W. Mariposa Avenue El Segundo, CA 90245 (310) 524 -2732 From: Domann, Cathy Sent: Monday, July 11, 2011 11:36 AM To: Herbert, Mark Subject: Bell Insurance 8/29/2011 EXHIBIT A Herbert, Mark From: Bruce Hwang [Bruce @bellbmc.coml Sent: Tuesday, June 14, 2011 11:56 AM To: Herbert, Mark Subject: RE: 2nd Request for Confrimation of Reduction in Monthly Charges for El Segundo Public Library Hello Mark, Sorry for the delay, I thought the confirmation for new monthly price $ 1,815 was done last month. The monthly price $ 1,815 is acceptable for 5 days a week service. Bruce Hwang Vice President of Operation Bell Building Maintenance Company 5170 Sepulveda Blvd. Suite 180 Sherman Oaks, CA 91403 Tel;(818)385 -0790 Fax;(818)385 -0730 Cell;(213 )494 -1003 From: Herbert, Mark [mailto:MHerbert @elsegundo.org) Sent: Monday, June 13, 2011 10:15 AM To: Bruce Hwang Subject: 2nd Request for Confrimation of Reduction in Monthly Charges for El Segundo Public Library Hello Mr. Hwang, For clarity I've been asked by the City Attorney's Office to have you confirm one last time the new arrangements for work done at the El Segundo Public Library; this will be used as Exhibit A in the Service Agreement Amendment. The El Segundo Library is no longer open to the public on Fridays and wishes to remove Friday work from the Bell Building Maintenance Company cleaning schedule. The days for Bell staff to work in the library will now be Monday through Thursday and Saturday. The library was paying $1,815 per month which will now be reduced by $240 to $1,575 per month. Again, please respond so that we know this is acceptable. The new Service Agreement form will be sent for your signature along with a copy of your reply once I hear back from you. Thank you again. Marks Herbert Senior Librarian El Segundo Public Library 111 W. Mariposa Avenue El Segundo, CA 90245 (310) 524 -2732 1"he m :oll erd of d is e-mail (hi lulling an y 1mlta(.11 III enN) is strictly mmoufidmwndai and may h m°onnnm rieiam ly sensitive. lfvou nrL tilkot, or h lieve l °mmmm way not be, the advise t'lrt sendler irnmmmediatelN Ivy m °m^iurn m.-nn lu delete this m..mmm rll awl destroy Ar%� eo!Pies. 7/6/2011