FOURTH AMENDMENT TO AGREEMENT 539 BETWEEN THE CITY OF CUPERTINO AND HINDERLITER, DE LLAMAS & ASSOCIATES FOR SALES, USE AND TRANSACTIONS TAX AUDIT SERVICES This Fourth Amendment to Agreement 539 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and HINDERLITER, DE LLAMAS & ASSOCIATES, a Limited Liability Company (“Contractor”) whose address is 120 S. State College Blvd., Suite 200, Brea, CA 92821, and is made with reference to the following:
RECITALS:
On July 08, 2020 Agreement 539 (“Original Agreement”) was entered into by and between City and Contractor for Sales, Use and Transactions Tax Audit Services.
On June 28, 2022 the City and Contractor entered the First Amendment with a term expiring on June 30, 2023.
On August 02, 2022, the City and Contractor entered the Second Amendment to add confidentiality requirements.
On June 02, 2023, the City and Contractor entered the Third Amendment to revise the term and amounts.
The Original Agreement, First Amendment, Second Amendment and Third Amendment are collectively referred to as “Agreement” unless otherwise indicated.
City and Contractor desire to modify the Agreement on the terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
Section #4 of the Agreement is modified to read as follows: COMPENSATION Section 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services a total amount that will based on actual costs but that will be capped so as not to exceed $230,000.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City.
Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.
CITY OF cupertino
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APPROVED AS TO FORM
City Attorney
ATTEST:
City Clerk
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HINDERLITER, DE LLAMAS & ASSOCIATES
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