1450826.1
FIRST AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
This First Amendment to Maintenance Services Agreement (“First Amendment”) is made and entered into as of June 17, 2025, by and between the City of Diamond Bar, a municipal corporation ( “City”), and EcoFert, 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 July 19, 2022, which is incorporated herein by this reference (the “Original Agreement”); and
B. 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:
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 set forth in Section 2 therein is from July 19, 2022 to June 30, 2025. This First Amendment extends the Term up to and including June 30, 2026.
3. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of forty-five thousand seven hundred eighty dollars ($45,780). Section 3 of the Original Agreement is hereby amended to provide for a 3.1% CPI increase of one thousand four hundred nineteen dollars and 18/100 cents ($1,419.18), so that the total not-to-exceed compensation, as amended by this First Amendment shall not exceed forty-seven thousand one hundred ninety-nine dollars and 18/100 cents ($47,199.18) in fiscal year 2025-2026 without the prior authorization of the City.
4. Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First 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 First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control.
IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written.
Docusign Envelope ID: 2D39AE39-DEF3-4AD1-AA6F-78137EB55790 “CONTRACTOR” “CITY”
EcoFert, Inc. CITY OF DIAMOND BAR
By: By:
Printed Name: Charles Barsam Dan Fox, City Manager
Title: Chief Executive Officer
By: ATTEST:
Printed Name: Louis Franson
Title: President
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: 2D39AE39-DEF3-4AD1-AA6F-78137EB55790 6/2/2025
6/4/2025
6/4/2025
Certificate Of Completion
Envelope Id: 2D39AE39-DEF3-4AD1-AA6F-78137EB55790 Status: Sent Subject: FY25-26_ECOFERT_First Amendment to Maintenance Services Agreement Source Envelope:
Document Pages: 2 Signatures: 3 Envelope Originator:
Certificate Pages: 5 Initials: 0 Angie Hernandez
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
21825 Copley Dr
Diamond Bar, CA 91765-4178
[email protected]
IP Address: 47.176.65.100
Record Tracking
Status: Original
6/2/2025 11:45:23 AM
Holder: Angie Hernandez
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
CHARLES BARSAM
[email protected]
CEO
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 67.29.128.194
Sent: 6/2/2025 12:02:25 PM
Resent: 6/2/2025 12:04:18 PM
Viewed: 6/2/2025 5:28:23 PM
Signed: 6/2/2025 5:28:34 PM
Electronic Record and Signature Disclosure:
Accepted: 6/2/2025 5:28:23 PM
ID: f95b2dec-a368-4486-9d32-1579e7fb2bfc
Louis Franson
[email protected]
President
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 172.58.112.248
Sent: 6/2/2025 5:28:35 PM
Resent: 6/4/2025 5:10:48 PM
Viewed: 6/4/2025 5:35:53 PM
Signed: 6/4/2025 5:36:05 PM
Electronic Record and Signature Disclosure:
Accepted: 6/2/2025 8:33:49 PM
ID: 1025e595-7d2f-4d42-b75c-5704470d21c7
Omar Sandoval
[email protected]
City Attorney
Security Level: Email, Account Authentication
(None) Signature Adoption: Uploaded Signature Image
Using IP Address: 34.208.136.214
Sent: 6/4/2025 5:36:06 PM
Viewed: 6/4/2025 6:32:45 PM
Signed: 6/4/2025 6:33:23 PM
Electronic Record and Signature Disclosure:
Accepted: 8/30/2023 9:27:38 AM
ID: fa17dabd-c770-4ac7-ae93-2ad37854a23a
Dan Fox
[email protected]
City Manager
City of Diamond Bar
Security Level: Email, Account Authentication
(None)
Sent: 6/4/2025 6:33:24 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Signer Events Signature Timestamp
Kristina Santana
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Jason Williams
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/2/2025 12:02:25 PM
Envelope Updated Security Checked 6/2/2025 12:04:17 PM
Envelope Updated Security Checked 6/2/2025 12:04:17 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Diamond Bar (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 8/30/2023 9:00:10 AM Parties agreed to: CHARLES BARSAM, Louis Franson, Omar Sandoval Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of Diamond Bar:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected] To advise City of Diamond Bar of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from City of Diamond Bar
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Diamond Bar
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guidesigning-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify City of Diamond Bar as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Diamond Bar during the course of your relationship with City of Diamond Bar.