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HomeMy WebLinkAboutFD Restated Paint Recovery Program and Waste Paint Mangagement Services; Amendment 1DocuSign Envelope ID: 0556E922-0479-4959-AEFE-97025ED8F924 PC Contract No. 000488-001 & 003205 RESTATED CALIFORNIA ARCHITECTURAL PAINT RECOVERY PROGRAM COLLECTION FACILITY AND WASTE PAINT MANAGEMENT SERVICES AGREEMENT AMENDMENT 1 This Amendment to the Restated Agreement ("Amendment") is made 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 the City entered into the RESTATED CALIFORNIA ARCHITECTURAL PAINT RECOVERY PROGRAM COLLECTION FACILITY AND WASTE PAINT MANAGEMENT SERVICES AGREEMENT ("Agreement") dated February 27, 2017; and Whereas, PaintCare and the City now desire to enter into an Amendment to extend the termination date of the Agreement to June 30, 2021. 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 This Agreement will commence upon the Effective Date and will remain in full force and effect until June 30, 2021. 2.2 The Agreement shall be automatically renewed each year for additional one (1) year terms unless either party notifies the other in writing at least sixty (60) Days in advance of the renewal term commencement date. 2.3 If the Agreement is not renewed, or is terminated in accordance with Article 11 of the Agreement, unless otherwise instructed by PaintCare, the City, before the end of the term or the termination date 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 June 30, 2020. ALL OTHER TERMS AND CONDITIONS OF THE RESTATED AGREEMENT REMAIN IN FULL FORCE AND EFFECT. DocuSign Envelope ID: 0556E922-0479-4959-AEFE-97025ED8F924 PC Contract No. 000488-001 & 003205 By: IDocuSigned by: �.,, , ((D"=)7015207F570A4Q.1 Authorized Signatory PaintCare Inc. Print: Fred Gabriel Title: Director of Operations Date: 6/2/2020 DocuSigned by: Jim sCw� 993F9fi5FCOA44DA.. Authorized Signatory City of San Rafael Jim Schutz Print: Title: city Manager Date: 6/1/2020 APPROVED AS TO FORM: DoeuSlgned by: Ie lql uw ROBER , City Attorney