THIRD AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
This Third Amendment to Maintenance Services Agreement (“Third Amendment”) is made and entered into as of June 18, 2024, 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 that certain Second Amendment dated as of June 20, 2023, which is incorporated herein by this reference (“Second Amendment”), which Second 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 Original Agreement as amended by the Second Amendment is from July 1, 2023 to June 30, 2024. This Third 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 Agreement is hereby amended to provide for a 3.4% CPI increase of Fifteen Thousand One Hundred Thirty Dollars ($15,130) so that the total not-to-exceed compensation, as amended by this Third Amendment shall not exceed Four Hundred Sixty Thousand One Hundred Thirty Dollars ($460,130) for fiscal year July 1, 2024 through June 30, 2025 without the prior authorization of the City.
4. Integration. This Third Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Third 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 Third Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Third Amendment shall control. 1450826.1
DocuSign Envelope ID: D73216DA-09C1-4586-814E-8AAF561A39B5 IN WITNESS hereof, the parties enter into this Third Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
Parkwood Landscape Maintenance Inc. CITY OF DIAMOND BAR By:
Dan Fox, City Manager
ATTEST:
*By:
Printed Name: David L. Melito
Title:
*By:
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.
DocuSign Envelope ID: D73216DA-09C1-4586-814E-8AAF561A39B5 David Melito, President
5/30/2024
DocuSign Envelope ID: D73216DA-09C1-4586-814E-8AAF561A39B5 DocuSign Envelope ID: D73216DA-09C1-4586-814E-8AAF561A39B5 DocuSign Envelope ID: D73216DA-09C1-4586-814E-8AAF561A39B5