19-0702_GOLDEN TOUCH CLEANING SOLUTIONS, INC_Amd No. 3 to Personal Services Agreement (City Park Restrooms) •
AMENDMENT NO.3
TO THE PERSONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
GOLDEN TOUCH CLEANING
SOLUTIONS INC.
(FORMERLY GOLDEN TOUCH CLEANING INC.)
1. Parties and Date.
This Amendment No. 3 to the Personal Services Agreement is made and entered into as of
this 2" day of July, 2019, by and among the City of San Juan Capistrano, a municipal
organization organized under the laws of the State of California with its principal place of business
at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City"), Golden Touch Cleaning
Inc., a California corporation with its principal place of business at 13681 Newport Avenue, Suite 8,
Tustin, California 92780-7815 ("Assignor"), and Golden Touch Cleaning Solutions Inc., a
California corporation with its principal place of business at 13681 Newport Avenue, Suite 8,
Tustin, California 92780-7815 ("Assignee"). City, Assignor and Assignee arc sometimes
individually referred to as"Party" and collectively as"Parties."
2. Recitals.
2.1 Assignor. The City and Assignor have entered into an agreement entitled Personal
Services Agreement dated July 15, 2014 ("Agreement") for the purpose of retaining the services of
Assignor to provide custodial maintenance services for: Public Park Restrooms and Public Areas.
•
2.2 Assignee. Assignee is an organization in good standing and validly existing under the
laws of the State of California and is in the process of being assigned all of Assignor's rights, duties,
and obligations in,to, and under the Agreement.
2.3 Amendment Purpose. The City and Assignor previously amended the Agreement to
extend the term for one additional year pursuant to Amendment No. 2 to the Agreement dated June
19, 2018 ("Amendment No. 2"). Assignor and Assignee desire to obtain City's consent to the
Assignment and City is willing to consent to the Assignment on the following terms and conditions.
Further, the Parties desire to amend the Agreement to further extend the term of the Agreement for
an additional one-year period beginning August 1, 2019, and ending July 31, 2020.
3. Terms.
3.1 Amendment. The Agreement term under Section 2 of the Agreement, as amended
and extended by Amendment Nos. 1 and 2, is hereby extended for one (1) additional year
commencing on August 1, 2019, and expiring July 31, 2020 ("Third Renewal Term"), unless earlier
terminated or further extended pursuant to the terms of the Agreement.
3.2. Amendment. Compensation for services performed by Assignor under ' this
Agreement during the Third Renewal Term shall be at the rates attached hereto as Attachment "A",
which are incorporated herein by this reference.
3.3 Assignment and Assumption. Assignor hereby assigns all of Assignor's rights, title
and interest in and to the Agreement to Assignee. Assignee expressly assumes, acknowledges and
agrees for the benefit of City to be bound by, and to perform and comply with, every obligation of
Assignor under the Agreement. City shall have the same rights and remedies as against the Assignee
as City under the terms and provisions of the Agreement has against Assignor with the same force
and effect as though every such duty, obligation,responsibility,right or remedy were set forth herein
in full. Assignee shall have the same rights and remedies as against the City as Assignor under the
terms and provisions of the Agreement has against City with the same force and effect as though
every such duty, obligation, responsibility, right or remedy were set forth herein in full. Assignee's
execution of this Amendment No. 3 shall be deemed an execution by Assignee of the Agreement.
Upon execution of this Amendment No. 3, Assignee shall be deemed a signatory and party to the
Agreement as if Assignee had directly executed the Agreement. Assignee agrees to be firmly bound
by all covenants, obligations and conditions of the Agreement by its execution hereunder. This
Amendment No. 3 does not constitute a consent to any subsequent assignment and does not relieve
Assignee or any person claiming under or through Assignee of the obligation to obtain the consent of
City to any future assignment. Notwithstanding the foregoing, City may consent to subsequent
assignments of the Agreement, or amend the Agreement without notifying Assignor, including but
not limited to any of Assignor's guarantors, and without obtaining their consent, and that action by
Assignee will not relieve those persons of liability.
3.4 References. All references and meaning assigned to the term "Contractor" in the
Agreement shall be understood to mean Assignee and shall include all of the corresponding rights,
obligations and benefits thereof as provided by this Amendment No. 3 and the Agreement.
3.5 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever
the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by
Amendment Nos. 1 and 2 and this Amendment No. 3.
3.6 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 3.
3.7 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction,the remaining provisions shall
continue in full force and effect.
[Signatures on Next Page]
pg. 2 of 4
SIGNATURE PAGE FOR AMENDMENT NO. 3 TO PERSONAL
SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN
CAPISTRANO AND GOLDEN TOUCH
CLEANING SOLUTIONS INC.
(FORMERLY GOLDEN TOUCH CLEANING INC.) •
FOR CITY FOR ASSIGNOR
CITY OF SAN JUAN CAPISTRANO • IL n74:3-41 CLEANING INC.
/ g4oixi*
Approved By: ,
Signature •
iegii2 AUVAX--M Cr\
City Manager Name
V(C 4100
Date Title
Atte5B4c H171 (1
Date
M ria rri6;,,3i Clerk
Approved As To Form:
City Attorney
• FOR ASSIGNEE
GOLDEN TOUCH LEANING
SOLUTIO
• 1457'41*-~#8.
Signature
I Davtc
Name
/1(j_eA14
Title
D7t 2-16/1
Date
•
pg. 3 of 4
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ATTACHMENT "A"
COMPENSATION RATES
Name/location Area Regular Maintenance Scheduled
Current Schedule Monthly Cost
I'AR1(RESTRnoit s
Current Proposed
1.Sports Park including concession 185 190.55
1,000 S.F. 4 days/week
- Bleachers&Surrounding 586 603.58
Area
5,000 S.F. 4 days/week
2.Descanso Park 117 120.51
240 S.F, 4 days/week
3.Cook Park—La Novia 117 120.51
240 S.F. 4 days/week
4:Cook Park—Cordova 117 120.51
240 S.F. 4 days/week
5.El Camino Real Park 117 120.51
240 S.F. 4 days/week
6.Historic Town Center Park 1 1 7 120.51
160 S.F. 4_days/week
7.Marco Forster Sports Field 117 120.51
280 S.F. 4 days/week
8.Stone Field Restrooms 117 120.51
300 S.F. 4 days/week
9.Reata Park&Event Center 245 252.35
Restrooms(2)
600 S.F. 4 days/week
10.Los Rios Park(including porch 151 155.53
area)
880 S.F. 7 da s/week
11.Railroad Platform Restrooms 151 155.53
400 S.F. 7 days/week
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- Platform Area 562 578.86
3,000 S.F. 7 days/week
- Area across the tracks and 562 578.86
street
3,000 S.F. 7 days/week
Total Monthly Cost 3261 3358.83
Total Yearly Cost 39132 40305.96
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pg. 4 of 4