1 FIRST AMENDMENT
TO
CONSULTANT SERVICES AGREEMENT
This First Amendment to Consultant Services Agreement (“First Amendment”) is made and entered into as of July 1, 2024, by and between the City of Diamond Bar, a municipal corporation (“City”), and Iteris, Inc., a California corporation (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, 15, 2021, which is incorporated herein by this reference (the “Original Agreement”); and
B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions thereof.
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. Term. The Term of the Original Agreement as set forth in Section 2 therein is from July 1, 2021 to June 30, 2024. This First Amendment does extend the overall Term from July 1, 2024 to June 30, 2026.
3. Revised Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of One Hundred and Thirty Thousand Dollars and Zero Cents ($130,000.00).
Section 3 of the Original Agreement is hereby amended to provide for a decrease of Fifty Thousand Dollars and Zero Cents ($50,000.00) so that the total not-to-exceed compensation, as amended by this First Amendment shall not exceed Eighty Thousand Dollars and Zero Cents ($80,000.00) per Fiscal Year without the prior authorization of the City, subject to the rates described in the March 9, 2024 contract extension rate schedule attached hereto as Exhibit “A.”
4 Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First 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 First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control. 2 IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written.
“CONSULTANT” “CITY”
Iteris, Inc. CITY OF DIAMOND BAR
By: By:
Printed Name: Daniel Fox, City Manager
Title:
By: ATTEST:
Printed Name:
Title:
Kristina Santana, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
Steven Bradley
Regional Vice President
3 *NOTE:If Consultant is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.