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AMENDMENT NO. 1 TO
MAINTENANCE SERVICES AGREEMENT
WITH HORIZON LIGHTING INC.
This Amendment No. 1 to the Maintenance Services Agreement for is made and entered into as of November 19, 2025 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Horizon Lighting Inc., a California Corporation (“Contractor”). City and Contractor are sometimes referred to herein individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Contractor have entered into an agreement, dated August 21st, 2024, for the purpose of providing Streetlight Maintenance Services (the “Original Agreement”).
B. WHEREAS, the Parties now desire to amend the Original Agreement in order to increase the not-to-exceed amount from Seven Hundred Fifty Thousand Dollars ($750,000.00) to Three Million Seven Hundred Fifty Thousand Dollars ($3,750,000.00) and to clarify that the total contract value reflects the cumulative amount for the full five- year term, including the initial term and all option years, in accordance with the compensation provisions of the Original Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Original Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed Three Million Seven Hundred Fifty Thousand Dollars ($3,750,000.00), thereby increasing the total not-to-exceed compensation of the Original Agreement from Seven Hundred Fifty Thousand Dollars ($750,000.00) to Three Million Seven Hundred Fifty Thousand Dollars ($3,750,000.00). Work shall continue to be performed at the rates set forth in the Original Agreement.
3. Full Force. Except as amended by this Amendment No. 1, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.
4. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this -2-
Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.
5. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE MAINTENANCE SERVICES AGREEMENT
WITH HORIZON LIGHTING INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Eric Levitt
City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONTRACTOR
HORIZON LIGHTING INC.
Joel Hunter
President