HomeMy WebLinkAboutFD Paint Recovery Program and Waste Paint Mangagement Services; Amendment 1PC Contract No. 001972
CALIFORNIA ARCHITECTURAL PAINT RECOVERY PROGRAM
COLLECTION FACILITY AND WASTE PAINT MANAGEMENT SERVICES
AGREEMENT
AMENDMENT 1
This Amendment 1 to the Agreement ("Amendment") is made on this /4 day of
JQ4, , 2017 by and between the City of San Rafael, a Charter City ("City") and
PaintCare Inc., a Delaware corporation having its office at 901 New York Ave NW, Suite
300 West, Washington, DC 20001 ("PaintCare").
Whereas, PaintCare and City entered into the CALIFORNIA ARCHITECTURAL PAINT
RECOVERY PROGRAM COLLECTION FACILITY AND WASTE PAINT
MANAGEMENT SERVICES AGREEMENT ("Agreement") dated December 2, 2013;
Whereas, PaintCare delivered to the City a notice of non -renewal dated October 25,
2016 stating its intention to terminate the Agreement effective January 1, 2017; and
Whereas, PaintCare and the City now desire to extend the termination date of the
Agreement to March 1, 2017 to allow the parties ample opportunity to negotiate a
Restated Agreement.
Now, therefore, for and in consideration of the terms of this Amendment and the
mutual promises and covenants contained herein, the parties hereto agree as follows.
(A). This Amendment shall delete in its entirety ARTICLE 2 — TERM OF AGREEMENT
and shall add the following:
ARTICLE 2 — TERM OF AGREEMENT
2.1 The Services commenced on the Effective Date and shall remain in full force and
effect until March 1, 2017.
2.2 If the Agreement expires or is terminated, unless otherwise instructed by
PaintCare, the City, before the end of the term of the Agreement, shall assemble
all Collection Containers supplied by PaintCare whether or not full, and shall
make them available for pick up at one of the City's Collection Facilities by a
Transportation Provider. The parties shall cooperate with each other in good
faith to ensure the orderly transition of the Services to any successor Collection
Facility.
(B). This Amendment is effective as of December 31, 2016.
1
PC Contract No. 001972
ALL OTHER TERMS AND CONDITIONS OF THE AGREEMENT REMAIN IN FULL
FORCE AND EFFECT.
By:
A rized Signatory
P intCare Inc.
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Print Nami
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Print Title
Date: J5;14. l� 29,17
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ATTEST:
ESTHER C. BEIRNE, City Clerk
APPROVED AS TO FORM:
e-
ROBERT F. EPSTEIN, City Attorney
2
4i'm S. hutz
City of San Rafael
Jim Schutz
Print Name
Citv Manaaer
Print Title
Date: December 21, 2016