FOURTH AMENDMENT
TO
CONSULTANT SERVICES AGREEMENT
This Fourth Amendment to Consultant Services Agreement ("Fourth Amendment") is made and entered into as of July 1, 2023 by and between the City of Diamond Bar, a municipal corporation ("City"), and Tennis Anyone, Inc. (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 July 1, 2020, 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 June 15, 2021, the Second Amendment dated as of April 5, 2022, and the Third Amendment dated as of July 19, 2022 which are incorporated herein by this reference ("First Amendment", "Second Amendment" and "Third Amendment"), which Third Amendment, Second Amendment, First Amendment, and Original Agreement collectively are referred to herein as the "Agreement"); and
C. The City and the 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 Agreement.
2. Term. The Term of the Agreement as set forth in Section 2 therein is from July 1, 2020 to June 30, 2021. The First Amendment extended the Term up to and including June 30, 2022. The Third Amendment extended the Term up to and including June 30, 2023. This Fourth Amendment extends the Term up to and including June 30, 2024.
2. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement, was the sum of Seventy Thousand Dollars ($70,000.00). 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 Forty Thousand Dollars ($140,000.00).
The Second Amendment amended Section 3 of the Original Agreement to provide for a total not to exceed compensation in the sum of One Hundred Seventy Thousand Dollars ($170,000.00). The Third Amendment amended Section 3 of the Original Agreement to provide for a total not to exceed compensation in the sum of Two Hundred Seventy Thousand Dollars ($270,000.00). The total not-to-exceed compensation of the Agreement is hereby amended to provide for an increase of One Hundred Thousand Dollars ($120,000.00) so that 1691408.1
the total not-to-exceed compensation, as amended by this Fourth Amendment shall not exceed Three Hundred Ninety Thousand Dollars ($390,000.00) without the prior authorization of the City.
regrate all of nations and Fondions mentioned halin and sugarede at prior negotiations between the parties with respect hereto. This Fourth 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 IN WITNESS hereof, the parties enter into this Fourth Amendment on the year and day first above written.
"CONSULTANT" "CITY"
TENNIS ANYONE, INC. CITY OF DIAMOND BAR
-Bul
*By: By:_
Printed Name: william Bush Dan Fox, City manager
Title: LEo & Director
ATTEST:
Kristina Santana, City Clerk
APPROVED AS TO FORM:
(ni aneral
Omar Sandoval, City Attorney
1691408.1