Loading...
20-0827_BAKER ELECTRIC, INC._Amd No. 2 to On-Call Maint. Service AgreementAMENDMENT NO.2 TO THE ON-CALL ELECTRICAL MAINTENANCE AND REPAIR SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO BAKER ELECTRIC, INC. 1. Parties and Date. This Amendment No. 2 to the ON-CALL ELECTRICAL MAINTENANCE AND REPAIR SERVICES AGREEMENT is made and entered into as of this 27th day of August, 2020, by and between 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") and Baker Electric, Inc. a California corporation with its principal place of business at 1298 Pacific Oaks Place, Escondido, California 92029 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties." 2. Recitals. 2.1 Contractor, The City and Contractor have entered into an agreement entitled "ON- CALL ELECTRICAL MAINTENANCE AND REPAIR SERVICES AGREEMENT" dated August 27, 2018, ("Agreement") for the purpose of retaining the services of Contractor to provide on-call electrical maintenance and repair services. 2.2 Amendment Puraose. The City and Contractor desire to amend the Agreement to extend the term of the Agreement. The parties have heretofore entered into Amendment No. 1 dated August 26, 2019. 2.3 Amendment Authority, This Amendment No. 2 is authorized pursuant to Sections 3.1.2 and 3.5.9 of the Agreement. 3. Terms. 3.1 Amendment. Section 3.1.2 of the Agreement is hereby amended in its entirety to read Page 1 of 3 as follows: 3.1.2 Term. The term of this Agreement shall commence on August 27, 2018, and expire three (3) years from the commencement date, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established and mutually agreed upon schedules and deadlines and shall meet any other established schedules and deadlines set forth in the Task Order. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by Amendment No. 1 and this this Amendment No. 2. 3.3 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. 2. 3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Countemarts. This Agreement Amendment No. 2 may be signed in counterparts, each of which shall constitute an original [Signatures on Next Page] Page 2 of 3 SIGNATURE PAGE FOR AMENDMENT NO.2 ON-CALL ELECTRICAL MAINTENANCE AND REPAIR SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND BAKER ELECTRIC, INC. CITY OF SAN JUAN CAPISTRANO Approved By: Benn' n Si City Manager 9-ik-m Date Attested By. rk Mana Moms, Vty Clerk Approved As To Form: City Attorney BAKER ELECTRIC, INC. Signature George England Name Vice President Title 9-9-doz.6 Date Pop 3 of 3