F
IRST AMENDMENT TO THE AGREEMENT
FOR ON SITE AND/OR PROFESSIONAL SERVICES FOR THE RENTAL OF PORTABLE RESTROOMS CSD 2021-90
Th e First Amendment to Agreement is by and between the CITY OF MORENO VALLEY, and MORENO VALLEY COMMUNITY SERVICES DISTRICT, a municipal corporation, hereinafter referred to as “City,” and Diamond Environmental Services, LP, a Limited Partnership , hereinafter referred to as “Contractor” or “Vendor”. This First Amendment to Agreement is made and entered into effective on the date the City signs this Amendment.
RECITALS:
W hereas, the City and Vendor entered into an Agreement entitled “AGREEMENT FO R ON-SITE AND/OR PROFESSONAL SERVICES FOR THE R ENTAL OF PORTABLE RESTROOMS,” hereinafter referred to as “Agreement,” dated December 20, 2021.
Whereas, the Vendor is providing portable restroom services and facilities.
Whereas, it is desirable to amend the Agreement to increase the Not to Exceed amount of the Agreement as is more particularly described in Section 1 of this First Amendment.
SECTION 1 AMENDMENT TO ORIGINAL AGREEMENT:
1.1 The Agreement termination date of June 30, 2026, is not extended by this Amendment, unless the termination date is further extended by an Amendment to the Agreement.
1.2 Due to the increased number of Special Events and added Services for Temporary Restroom Facilities and Fencing at such events and added Park facilities requiring Temporary Restroom Facilities, Exhibit “ C” to the Agreement is hereby amended by modifying the C ontractor/Vendor compensation from $157,160.35 to the revised “Not-to-Exceed” Contractor/Vendor compensation amount of $250,000.00, for rental of portable restroom facilities and temporary fencing. At no time will the City pay for more services than those received and approved for payment by way of detailed line item in
voicing following the end of the service period or e vent in which services is provided, in consideration of the Contractor’s/Vendor’s performance of the work set forth in “Exhibit A of the Agreement” or any additional services as approved in advance by the City.
1.5 The total “Not-to-Exceed” compensation for this contract, Exhibit “C” to the Agreement is amended to $250,000.00 ($157,160.35 for the original Agreement plus $ 92,839.65 for the First Amendment to Agreement).
SECTION 2
2 .1 Except as otherwise specifically provided in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.
S
IGNATURE PAGE TO FOLLOW
IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.
City of Moreno Valley Diamond Environmental Services, LP B
y: ____________________________ By: __________________________ City Manager/Executive Director
Of the Moreno Valley Community
Services District Title: _________________________
Date: ______________________ (President of Vice President) Date: _________________________
By: __________________________
Title: _________________________
(Corporate Secretary)
Date: ________________________
INTERNAL USE ONLY
APPROVED AS TO FORM:
___________________________
City Attorney
___________________________
Date
RECOMMENDED FOR APPROVAL:
______________________________
Department Head
_______________________________
Date
FY 2021/22
Year 1
FY 2022/23
Year 2
FY 2023/24
Year 3
FY 2024/25
Year 4
FY 2025/26
Year 5
Actuals Actuals Actuals Estimate Estimate
Expended Contract Services 9,540.07$ 34,978.67$ 44,101.29$ Current PO Amts 65,296.40$
Proposed Added PO Amout 14,377.14$
Estimated PO Amount (Future FYs) 81,306.43$
Totals 9,540.07$ 34,978.67$ 44,101.29$ 79,673.54$ 81,706.43$ 250,000.00$ Portable Restroom Facilities FY 2021/22 thru FY 2025/26 Projected
Not-to-Exceed Total
Exhibit A