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21-047 Amendmemt #1 dated 8-16-22 Junk Pros LLC for On call abatement services1 FIRST AMENDMENT TO AGREEMENT 21-047 BETWEEN THE CITY OF CUPERTINO AND JUNK PROS LLC FOR ON CALL CODE ENFORCEMENT This First Amendment to Agreement 21-047 between the City of Cupertino and Junk Pros LLC is by and between the City of Cupertino a municipal corporation (hereinafter "City") and J unk Pros LLC a Limited Liability Company (“Contractor”) whose address is 136 Canyon Lakes Way, San Ramon, CA 94582, and is made with reference to the following: RECITALS: A. On March 24, 2021 Agreement 21-047 (“Agreement”) was entered into by and between City and Contractor for on call abatement services. B. The Original Agreement, as affirmed, amended and restated by this First Amendment shall remain in full force and effect pursuant to the terms hereof. C. City and Contractor desire to continue Contractor’s services to the City under the Agreement, and thereby affirm their intent that it remain in full force and effect as amended and restated by this First Amendment. D. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 3 of the Agreement is modified to read as follows: TIME OF PERFORMANCE 3.1 Term. This Contract begins on the Effective Date and ends on June 30, 2024 (“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate department head or City Manager may extend the Contract Time through a written amendment to this Contract, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must complete the Work within the time specified in each Service Order, and under no circumstances should the Work go beyond the Contract Time. 3.3 Time is of the essence for the performance of all the Work required in this Contract and in each Service Order. Contractor must have sufficient time, resources, and qualified staff to deliver the Work on time. Contractor must respond promptly to each Service Order request. 2 2. Paragraph 4 of the Agreement is modified to read as follows: COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work a total amount that will based upon actual costs but that will be capped so as not to exceed $37,500.00 (“Contract Price”), based upon the Scope of Work in Exhibit A and the budget and rates included. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. 4.2 Per Service Order. Compensation for Work provided under a Service Order will be based on the rates set forth in the Service Order, which shall not exceed the capped amount specified in the Service Order. 4.3 Invoices and Payments. Contractor must submit an invoice on the first day of each month, describing the Work performed during the preceding month, itemizing labor, materials, equipment, and any incidental costs incurred. Contractor will be paid ninety-five percent (95%) of the undisputed amounts billed within thirty (30) days after City receives a properly submitted invoice. Any retained amounts will be included with Contractor’s final payment within sixty (60) days of City’s acceptance of the Work pursuant to a specific Service Order as complete. 3. Exhibit A to the Agreement remains the same. 4. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO JUNK PROS LLC By By Title Title Date Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date: President Aug 16, 2022 Christopher D. Jensen Director of Community Development Aug 16, 2022 Aug 16, 2022 3 EXPENDITURE DISTRIBUTION Item PO Number Amount Original - $12,500 FY22-23 $12,500 FY23-24 $12,500 Total $37,500 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/27/2022 License # 0K61938 (818) 230-2440 (818) 334-2729 27987 Junk Pros LLC 136 Canyon Lakes Way San Ramon, CA 94582 36234 A 1,000,000 WS493219 11/19/2021 11/19/2022 100,000 5,000 1,000,000 2,000,000 2,000,000 B ON09144-03 10/1/2021 10/1/2022 1,000,000 Y 1,000,000 1,000,000 The certificate holder is covered under additional insured. Subject to 10 days’ notice of cancellation for non-payment of premium and 30 days’ notice for cancellation. City of Cupertino, its City Council, Boards and Commissions, Officers, Officials, Employees, Agents, Servants, Volunteers and Consultants are added as additional insureds as required by written contract in respects to General Liability, per attached. The General Liability policy evidenced herein is Primary & Non-Contributory where required by written contract with the named insured. City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 JUNKPRO-01 MGOURY Ventura Capital Insurance Services, Inc. 19327 Ventura Blvd. Suite F Tarzana, CA 91356 certificates@venturains.com Northfield Ins Co Preferred Professional Ins Co X X X WC ON 04 WS A (Ed. 01-19) Preferred Professional Insurance Company Blanket Waiver: The additional premium for this endorsement shall be 2% of the California workers’ compensation premium otherwise due on such remuneration. Specific Waiver: The additional premium for this endorsement shall be 5% of the California workers’ compensation premium otherwise due on such remuneration. Blanket Waiver of Subrogation As respects to all CA jobs performed by the named insured during the policy period where by written contract a waiver of subrogation is required prior to the commencement of work. Junk Pros, LLC dba Junk Pro's Endorsement Effective:Policy No.: ON09144 - 03 Endorsement No.:10/01/2021 Print Date: 10/1/2021 On call abatement services Final Audit Report 2022-08-17 Created:2022-08-16 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAEWVKqwInURJ65qcLTj0DtVaQHt94nzXB "On call abatement services" History Document created by City of Cupertino (webmaster@cupertino.org) 2022-08-16 - 11:29:38 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2022-08-16 - 11:30:49 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2022-08-16 - 11:32:30 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to Julio Varela (jv@junkpros.com) for signature 2022-08-16 - 11:32:32 PM GMT Email viewed by Julio Varela (jv@junkpros.com) 2022-08-16 - 11:40:07 PM GMT- IP address: 172.226.36.10 Document e-signed by Julio Varela (jv@junkpros.com) Signature Date: 2022-08-16 - 11:40:58 PM GMT - Time Source: server- IP address: 166.205.87.24 Document emailed to christopherj@cupertino.org for signature 2022-08-16 - 11:41:00 PM GMT Email viewed by christopherj@cupertino.org 2022-08-16 - 11:57:14 PM GMT- IP address: 104.47.74.126 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2022-08-16 - 11:57:28 PM GMT- IP address: 64.165.34.3 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2022-08-16 - 11:57:29 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Benjamin Fu (benjaminf@cupertino.org) for signature 2022-08-16 - 11:57:31 PM GMT Email viewed by Benjamin Fu (benjaminf@cupertino.org) 2022-08-17 - 0:58:14 AM GMT- IP address: 104.47.73.126 Document e-signed by Benjamin Fu (benjaminf@cupertino.org) Signature Date: 2022-08-17 - 1:01:07 AM GMT - Time Source: server- IP address: 73.189.98.179 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2022-08-17 - 1:01:09 AM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2022-08-17 - 1:12:59 AM GMT- IP address: 104.47.73.254 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2022-08-17 - 1:13:05 AM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2022-08-17 - 1:13:05 AM GMT