1 THIRD AMENDMENT
TO
CONSULTANT SERVICES AGREEMENT
(Lance, Soll & Lunghard, LLP)
This Third Amendment to Consultant Services Agreement ("Third Amendment") is made and entered into as of March 5, 2024, by and between the City of Diamond Bar, a municipal corporation ( "City"), and Lance, Soll & Lunghard, LLP CPA's, a California limited liability company (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 April 7, 2015, which is incorporated herein by this reference (the "Original Agreement"); and
B. The City and Consultant entered into a First Amendment to the Original Agreement dated May 19, 2020, which is incorporated herein by this reference ("First Amendment). The City and Consultant entered into that certain Second Amendment dated as of April 6, 2021, which is incorporated herein by reference (“Second Amendment”) which First and Second Amendments and Original Agreement are collectively referred to herein as the "Agreement"; and C. The City and the Consultant desire to amend, modify, amend and supplement certain portions of the Agreement.
NOW, THEREFORE, the parties hereby 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. Revised Scope of Services. The Scope of Services, Exhibit "A" to the Original Agreement and First Amendment, is hereby amended, modified and supplemented to include the additional services described on Exhibit "A" attached hereto and incorporated herein by this reference.
3. 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 three hundred ninety-two thousand six hundred and seventy-nine dollars ($392,679), which may not be exceeded without prior written authorization by the City. That amount is further amended and increased by this Third Amendment by twenty thousand dollars ($20,000) for a new not-to- 2 exceed total compensation amount in the sum of four hundred twelve thousand six hundred and seventy-nine dollars ($412,679), which amount may not be exceeded without prior written authorization by the City.
4. Integration. This Third Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Third Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Third Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Third Amendment shall control.
IN WITNESS hereof, the parties enter into this Third Amendment on the year and day first above written.
"CONSULTANT"
Lance, Soll & Lunghard, LLP
CPA's
*By ___________________
Printed Name:
______________________
Title: _________________
*By:
Printed Name: ____________
Title:
"CITY"
CITY OF DIAMOND BAR
By:
Dan Fox, City Manager
ATTEST:
Kristina Santana, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
EXHIBIT “A”
ADDITIONAL SCOPE OF SERVICES
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