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 MCE Corporation (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 16, 2020, 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 20, 2023, which is incorporated herein by this reference (“First Amendment”), which First Amendment and Original Agreement collectively are referred to herein as the “Agreement”);
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 amended by the First Amendment is from July 1, 2023 to June 30, 2024. This Second Amendment extends the term from July 1, 2024 to June 30, 2025.
3. 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) per fiscal year. The First Amendment amended Section 3 of the Original Agreement to provide for a total not-to-exceed compensation in the sum of four hundred seventy-three thousand one hundred dollars ($473,100) per fiscal year. The Second Amendment amended Section 3 of the First Amendment to provide for a total not-to-exceed compensation in the sum of four hundred ninety-one thousand five hundred fifty dollars ($491,550) for fiscal year 2024-2025 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 prior negotiations between the parties with respect hereto. This Second 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 between the terms and provisions of this Second Amendment and the terms and provisions of the Agreement, the terms and provisions of this Second Amendment shall 1450826.1