1694877.1
FOURTH AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
This Fourth Amendment to Maintenance Services Agreement (“Fourth Amendment”) is made and entered into as of June 21, 2023, by and between the City of Diamond Bar, a municipal corporation (“City”), and Trane U.S. Inc. dba Trane (herein referred to as the “Contractor”) with reference to the following:
A. The City and the Contractor entered into that certain Maintenance Services Agreement dated as of June 18, 2020, which is incorporated herein by this reference (the “Original Agreement”); and
B. The City and the Contractor entered into that certain First Amendment dated as of June 16, 2020, Second Amendment dated as of June 15, 2021 and Third Amendment dated as of June 21, 2022 which amendments are incorporated herein by this reference and are along with the Original Agreement, collectively referred to herein as the "Agreement"; and
C. The City and the Contractor desire to amend the Agreement as provided herein.
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. Term. The Term of the Agreement as set forth in Section 2 therein is from July 1, 2020 to June 30, 2023. This Fourth Amendment extends the Term up to and including June 30, 2024.
3. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Agreement was the sum of seventy thousand six hundred sixty-four dollars ($70,664) per fiscal year. Section 3 of the Agreement is hereby amended to provide for an increase of two thousand thirty-six dollars ($2,036) so that the total not-to-exceed compensation for the fiscal year July 1, 2023 to June 30, 2024, shall not exceed seventy-two thousand seven hundred dollars ($72,700) without the prior authorization of the City.
4. Integration. This Fourth Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all prior negotiations between the parties with respect hereto. This Fourth Amendment amends, as set forth herein, the Agreement and except as specifically amended hereby, the Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency 1694877.1
between the terms and provisions of this Fourth Amendment and the terms and provisions of the Agreement, the terms and provisions of this Fourth Amendment shall control.
IN WITNESS hereof, the parties enter into this Third Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
Trane U.S. Inc. dba Trane CITY OF DIAMOND BAR
*By: By:
Printed Name: Dan Fox
Title: City Manager
*By: ATTEST:
Printed Name:
Title:
Kristina Santana, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
*NOTE:If Contractor is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.