SECOND AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
This Second Amendment to Maintenance Services Agreement ("Second Amendment") is made and entered into as of June 20, 2023, by and between the City of Diamond Bar, a municipal corporation ("City"), and Parkwood Landscape Maintenance, Inc. (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 15, 2021, which is incorporated herein by this reference (the "Original Agreement"); and
B. The City and the Contractor entered into the First Amendment dated as of June 21, 2022 which is incorporated herein by this reference ("First & Second"), which First & Second Amendments and Original Agreement collectively are referred to herein as the "Agreement"; C. The City and the Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions thereof.
NOW, THEREFORE, the parties hereby agree as follows:
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 Original Agreement as set forth in Section 2 therein is from July 1, 2021 to June 30, 2022. the First Amendment extended the Term up to and including June 30, 2023, this Second Amendment shall extend 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 is hereby amended to provide that the total not-to-exceed compensation, as amended by this Second Amendment, shall not exceed four hundred forty-five thousand Dollars ($445,000) per fiscal year without the prior authorization of the City
4. Integration. This Second Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Second 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 Second Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Second Amendment shall control.
1293495.1
IN WITNESS hereof, the parties enter into this Second Amendment on the year and day first above written.
"CONTRACTOR" "CITY"
PARKWOOD LANDSCAPE MAINTENANCE INC. CITY OF DIAMOND BAR *By: Die Meto By:_
Printed Name: David L. Melito Dan Fox
Title: President City Manager
*By:. Dollerto ATTEST:
Printed Name: David L. Melito
Title: Secretary
Kristina Santana, City Clerk
APPROVED AS TO FORM:
nal
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. I only one corporate officer exists or one corporate officer holds more than one corporate office, - 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. 1293495.1
Locations Old New
Diamond Bar Center & Summitridge Park $ 5,865.00 $ 6,029.22 Heritage Park & Community Center 7,395.00 $ 7,602.06
Pantera Park, Trail, Dog Park & Activity Room $ 1,657.00 $ 1,703.40 Diamond Canyon Park $ 1,913.00 $ 1,966.56
Paul C. Grow Park 1,019.00 $ 1,047.53
Maple Hill Park 3,060.00 $ 3,145.68
Peterson Park, Skate Park & Trail 2,295.00 Ş 2,359.26
Ronald Reagan Park S 510.00 $ 524.28
Starshine Park $ 382.00 $ 392.70
Sycamore Canyon Park, Trail & Trail Head 4,463.00 $ 4,587.96 Washington Park $ 1,275.00 $ 1,310.70
Larkstone Park 2,677.00 $ 2,751.96
Lorbeer Middle School Athletic Field 765.00 $ 786.42
$ 33,276.00 $34,207.73 Monthly
$ 399,312.00 $ 410,492.74 Yearly