1738629.1
FOURTH AMENDMENT
TO
CONSULTANT SERVICES AGREEMENT
This Fourth Amendment to Consultant Services Agreement (“Fourth Amendment”) is made and entered into as of December 20, 2022, by and between the City of Diamond Bar, a municipal corporation (“City”), and MV Cheng & Associates, Incorporated, (herein referred to as the “Consultant”) with reference to the following:
A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of June 29, 2021, which is incorporated herein by this reference (the “Original Agreement”); and
B. The City and the Consultant entered into that certain First Amendment dated as of November 2, 2021, which is incorporated herein by this reference (“First Amendment”); and
C. The City and Consultant entered into that certain Second Amendment dated as of March 1, 2022, which is incorporated herein by this reference (“Second Amendment”); and
D. The City and Consultant entered into that certain Third Amendment dated July 1, 2022, which is incorporated herein by this reference (“Third Amendment”) which First, Second and Third Amendments and Original Agreement collectively are referred to herein as the "Agreement"; and
E. The City and Consultant desire to amend the Agreement as provided herein.
NOW, THEREFORE, the parties 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. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement, as amended by the First Amendment and Second Amendment is the sum of One Hundred and Eighty-five Thousand Dollars ($185,000). The total not-toexceed compensation of the Agreement is hereby amended to provide for an increase of Thirty-Six Thousand Dollars ($36,000) so that the total not-to-exceed compensation, as amended by this Fourth Amendment, shall not exceed Two Hundred and Twenty-One Thousand Dollars ($221,000) without the prior authorization of the City Council.
3. Integration. This Fourth Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all prior negotiations between the parties with respect hereto. This Fourth Amendment amends, as