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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 � b 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 • - 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 • pg. 4 of 4