FIRST AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
This First Amendment to Maintenance Services Agreement (“First Amendment”) is made and entered into as of July 1, 2023 by and between the City of Diamond Bar, a municipal corporation (“City”), and Woods Maintenance Services, dba Graffiti Control Systems, a California Corporation (“Contractor”) with reference to the following:
A. The City and Contractor entered into that certain Maintenance Services Agreement dated as of July 1, 2020, which is incorporated herein by this reference (the “Original Agreement”); and
B. The City and Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions thereof.
NOW, THEREFORE, the parties hereby agree as follows:
1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
2. Reserved.
3. Term. The Term of the Original Agreement as set forth in Section 2 therein is from July 1, 2020 to June 30, 2023. This First Amendment extends the Term up to and including June 30, 2024.
4. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of ONE HUNDRED SEVEN THOUSAND ONE HUNDRED Dollars ($107,100). Section 3 of the Original Agreement is hereby amended to provide for an increase of THIRTY-SIX THOUSAND NINE HUNDRED Dollars ($36,900) so that the total not-to-exceed compensation, as amended by this First Amendment shall not exceed ONE HUNDRED FORTY-FOUR THOUSAND Dollars ($144,000) without the prior authorization of the City.
5. Integration. This First Amendment integrates all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control.
IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written.
Daniel Fox, City Manager