1 NINTH AMENDMENT
TO
VENDOR SERVICES AGREEMENT
This Ninth Amendment to Vendor Services Agreement (“Ninth Amendment”) is made and entered into as of July 15, 2025, by and between the City of Diamond Bar, a municipal corporation (“City”), and Exterior Products Corporation, a California corporation (herein referred to as the “Contractor”) with reference to the following:
A. The City and the Contractor entered into that certain Vendor Services Agreement dated as of March 1, 2016, 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 August 21, 2018, Second Amendment dated as of June 18, 2019, Third Amendment dated as of June 16, 2020, Fourth Amendment as of June 15, 2021, Fifth Amendment as of June 21, 2022, Sixth Amendment as of July 20, 2023, Seventh Amendment as of July 18, 2024, Eighth Amendment as of June 17, 2025, which are incorporated herein by this reference (“First, Second, Third, Fourth, Fifth, Sixth, Seventh, & Eighth Amendment”), which First, Second, Third, Fourth, Fifth, Sixth, Seventh & Eighth Amendments and Original Agreement collectively are referred to herein as the "Agreement”; C. The City and 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. Revised Scope of Services. The Scope of Services, Exhibit "A" to the Original Agreement, is hereby amended, modified, and supplemented to include the services described on Exhibit "A-1" attached hereto and incorporated herein by this reference. Exhibit A-1 adds to the scope of services to be included in the Agreement.
Exhibit A shall remain as revised in Amendment 8.
3. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of Fifty Thousand Dollars ($50,000) 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 One Hundred Fifteen Thousand Nine Hundred Dollars ($115,900) per fiscal year. The Second Amendment amended Section 3 of the Original Agreement to provide for a total not-to-exceed compensation in the sum of Fifty-Eight Thousand Nine Hundred Dollars ($58,900) for fiscal year 2019-2020. The Third Amendment amended of the Original Agreement to provide for a total not-to-exceed compensation in the sum of Fifty-Nine Thousand Dollars ($59,000) for fiscal year 2020- 2021. The Fourth Amendment amended of the Original Agreement to provide for a total
2 not-to-exceed compensation in the sum of Fifty-Nine Thousand Dollars ($59,000) for fiscal year 2021-2022. The Fifth Amendment amended the Original Agreement to provide for a total not-to-exceed compensation in the sum of One Hundred Fifty Thousand Dollars ($150,000) for the 2022-23 fiscal year. The Sixth Amendment amended the Original Agreement to provide for a total not-to-exceed compensation in the sum of one hundred eighty-two thousand six hundred dollars ($182,600) for the 2023-24 fiscal year. The Seventh Amendment amended Section 3 to provide for a total not-to-exceed compensation in the sum of One Hundred Eighty-two Thousand Six Hundred Dollars ($182,600) for the 2024-25 fiscal year (July 1, 2024 – June 30, 2025). The Eighth Amendment amended Section 3 to provide for a total not-to-exceed compensation in the sum of One Hundred Ninety Thousand Dollars ($190,000.00) for the 2025-26 fiscal year (July 1, 2025 – June 30, 2026). Section 3 is hereby amended to provide for an increase of Sixty-Seven Thousand One Hundred Ninety-Five Dollars ($67,195.00) for the 2025-26 fiscal year so that the total not-to-exceed compensation, as amended by this Ninth Amendment shall not exceed Two Hundred Fifty-Seven Thousand One Hundred Ninety-Five Dollars ($257,195.00) for the 2025-26 fiscal year (July 1, 2025 – June 30, 2026) without the prior written authorization of the City.
4. Integration. This Ninth Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations between the parties with respect hereto. This Ninth 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 Ninth Amendment and the terms and provisions of the Agreement, the terms and provisions of this Ninth Amendment shall control. {SIGNATURES FOLLOW ON THE NEXT PAGE}
3 IN WITNESS hereof, the parties enter into this Ninth Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
EXTERIOR PRODUCTS CORPORATION CITY OF DIAMOND BAR
By: By:
Printed Name: Jeff “JR” Rovinsky Daniel Fox, City Manager Title: President
By: ATTEST:
Printed Name:
Title:
Kristina Santana, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
*NOTE: If Consultant 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.
1 EXHIBIT “A-1”
Electrical Maintenance Services at PONY Property (one-time project) [Behind this page.]
Exterior Products, Corp.
1031 North Shepard Street Estimate 013099
Anaheim, CA 92806
Phone: (714) 632-3509 Date 3/26/2025
Fax: (714) 632-3589
email: [email protected]
website: www.exteriorproducts.net
Bill To: Ship To:
City of Diamond Bar Diamond Bar Pony Baseball
21810 Copley Drive 22601 Sunset Crossing Rd.
Diamond Bar, CA 91765 Diamond Bar, CA 91765
Contact: Jason Williams Contact: Jason Williams
Phone: 909-839-7059 Phone: 909-839-7059
e-mail: [email protected] e-mail: [email protected] Quantity Unit Price Extended
Run 100 AMPS single phase 208/120V from Pole panel 485' to new panel at restroom. Includes lighting fixtures
reconnect power to restrooms and irrigation
Materials: 35,381.23
500' Bore-guard sch 80 pvc 4" at 20' each 3m cold shrink inline splice x 6 2 -90 degree sch 80 pvc segments 36x36x36 in ground concrete boxes x2 1000 kcmil mcm @1500' electric box markers x2
300 kcmil mcm @500' 4/0 aluminum wire 70'
100 amp panel 2' schedule 80 pvc 40'
Eaton mcb kit 2" male adapter pvc x2
100 disconnect switch 2 2" grc coupling x 2
5/8 ground clamps-2 20' of 2" rigid conduit
100 amp fuses-4 2" lock nuts x 4
panel interior 2" plastic bushings x 2
1000 mcm to 4/o crimp splice need 6 30' 1/2 emt conduit for stakes deep strut 30' roll of tie wire
2" strut straps 4 bolt on breakers 20amp single pole
tap cons for mounting strut 3" 3/8 10 pack 2-5/8 grounding rods 2 rolls Dottie 20 mil tape spring & cone nuts, bolts, for strut 6-2x4 integrated led fixtures weatherproof boxes, #12THHN wire 3- 20 amp gfci
Includes tugger rental, hydraulic crimpers w/ dies and 20 cu.ft. of pee gravel delivered on site Electrical Labor: Journeyman Electricians x 3 and Apprentices x 8 days 25,152.00 Allowance for O/T- Emergency 1,200.00
* does not included any drawings, permits or utility company fees * trenching & back fill by other if necessary- not included in estimate Subtotal 61,733.23
9.5% Tax 3,361.22
Freight 2,100.00
Seller Signature: Jeff JR Rovinsky Customer Approval Total 67,194.45 Title: Principal Sign, email or fax to 714-632-3589
Please sign this estimate and fax to: 714-632-3589 to indicate your approval.
Contractor's License # 947006, 877219
Federal Tax ID # 27-1383763
Start Ship Date Shipping Via Rep ID Terms Special
TBD In Hse JL N30
Description
Our designs, survey results and confidential quotes are not to be copied, shared or distributed. This is a confidential communication for the intended recipient and a communication privileged by law.
Cancellation subject to 15% restocking fee. This contract shall be construed and governed in accordance with the laws of the State of CA. Not a Partnership or Joint Venture. Arbitration of Disputes- any dispute or claim in law or equity arising out of this agreement be decided by neutral binding arbitration. The unsuccessful party in such action agrees to reimburse the successful party therein for its reasonable expenses and attorney's fees. Contractor not responsible for vandalism or Acts of God. $PHQGPHQW1R
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