SECOND AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
This Second Amendment to Maintenance Services Agreement (“Second Amendment”) is made and entered into as of June 18, 2024 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 entered into that certain First Amendment dated as of July 1, 2023, which is incorporated herein by this reference (“First Amendment”), which First Amendment and Original Agreement collectively are referred to as the “Agreement; and B. The City and Contractor desire to amend the Agreement 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. 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. The First Amendment extended the Term up to and including June 30, 2024. This Second Amendment shall extend the Term up to and including June 30, 2025.
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). The First Amendment amended Section 3 of the Original Agreement to provide for a total not-to-exceed compensation in the sum of ONE HUNDRED FORTY-FOUR THOUSAND dollars ($144,000). The total not-to-exceed compensation of the 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 Second Amendment shall not exceed ONE HUNDRED EIGHTY THOUSAND NINE HUNDRED dollars ($180,900) without the prior authorization of the City.
5. Integration. This Second Amendment integrates all of the terms and conditions mentioned herein, and supersedes all negotiations between the parties with respect hereto. This Second Amendment amends, as set forth herein, the Original