FIRST AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
This First Amendment to Maintenance Services Agreement ("First Amendment") is made and entered into as of June 20, 2023, by and between the City of Diamond Bar, a municipalcorporation ("City"), and MCE Corporation (herein referred to as the "Contractor") with reference to the following:
A. The City and the Contractor entered into that certain Maintenance $ervices Agreement dated as of June 16, 2A2A, which is incorporated herein by this reference (the "Original Agreement"); and
B. The City and the Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions of the OriginalAgreement.
NOW, THEREFORE, the parties hereby agree as follows:
1. Defined Terms. Except as othenvise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the OriginalAgreement.
2. Term. The Term of the Original Agreement as set forth in $ection 2 therein is from July 1 , 2AZA to June 30, 2023. This First Amendment shall extend the Term up to and including June 30,2CI24
2. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of four hundred twelve thousand eight hundred twenty-nine dollars and forty cents ($412,829.40) for fiscal year 22123. Section 3 of the Original Agreement is hereby amended to provide for an increase of sixty thousand two hundred seventy dollars and sixty cents ($60,270.60) so that the total not-to-exceed compensation, as amended by this First Amendment shall not exceed four hundred seventy-three thousand one hundred dollars ($473,100) for fiscal year 23124 without the prior authorization of the City.
4. lntegration. This First Amendment and all attachments hereto (if any) integrate 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. lN WITNESS hereof, the parties enter into this First Amendment on the year and 14508 1 7. 1
"CONTRACTOR"
MCE Corporation
"clTr
CIW OF DIAMOND BAR
*By: By:
Dan Fox
Title: City Manager
ATTEST:
Name:
Title:
Kristina Santana, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attomey
'NOTE:lf Conlractor ls a corporatlon, the Clty rqulres the followtng slgnaturc(s):
-- (1) the Chairman of the Board, the President q a Vice-President, AND (2) lhe Secrelary, the Chief Financial Officer, the Treasurer, an Asslsfanf Secretary or an Assrslant Treasurer. lf only one corporate officer exists or one cotporate officer holds morc lhan one corporate ofrce, pJsase so indicab. aR
- The corryate offar named in a corporate resoltlion as authoized to onler into this Agreement. A copy ol the corporcte rcsolution, certified by the Secretary close in time to the execution of the Agreemant, must be providedto the Crty. t4508 I 7. I
*By: