Amendment No. 4
FOURTH AMENDMENT TO
INDEPENDENT CONTRACTOR AGREEMENT
FOR SMART PARKING GUIDANCE PROJECT
THIS FOURTH AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT FOR SMART GUIDANCE PROJECT (“Fourth Amendment”) is made and entered into this ______ day of July, 2026, by and between the City of Laguna Beach, a Municipal Corporation, hereinafter referred to as the “CITY,” and FROGPARKING, INC., a Delaware stock corporation with its principal place of business at 9273 Research Drive, Irvine, CA 92618, hereinafter referred to as “INDEPENDENT CONTRACTOR.” CITY and INDEPENDENT CONTRACTOR are sometimes individually referred to herein as "Party" and collectively as "Parties." WHEREAS, the CITY and INDEPENDENT CONTRACTOR entered into an Independent Contractor Agreement for Smart Parking Guidance Project (“Agreement”) on April 25, 2019, and designated as City of Laguna Beach contract number 19-39 regarding software services addressing real-time parking availability for City parking lots and meter zones along with parking payment services; and
WHEREAS, the Parties entered into a First Amendment to extend the term of the Agreement for one (1) additional year from April 3, 2024, through April 2, 2025, and to adjust the compensation of INDEPENDENT CONTRACTOR for that extended term; and WHEREAS, the Parties entered into a Second Amendment to extend the term of the Agreement for one (1) additional year from April 3, 2025, through April 2, 2026, and to adjust the compensation of INDEPENDENT CONTRACTOR for that extended term; WHEREAS, the Parties entered into a Third Amendment to extend the term of the Agreement for six (6) additional months commencing on April 3, 2026, through October 2, 2026, and fix the compensation regarding the software subscription cost and maintenance fee during this extended term;
WHEREAS, the Parties now desire to enter into this Fourth Amendment to increase the not to exceed amount for the sixth month period of services from April 3, 2026 to October 2, 2026 to address the $0.25 transaction fee per transaction that INDEPENDENT CONTRACTOR charges City for the services under the Agreement.
NOW THEREFORE, in consideration of the foregoing and of the mutual promises hereinafter expressed and intending to be bound thereby, the CITY and INDEPENDENT CONTRACTOR mutually agree as follows:
1. The total compensation for INDEPENDENT CONTRACTOR’S services rendered under the Agreement for the six-month period from April 3, 2026, to October 2, 2026, shall be $7,840 per month and $0.25 per transaction in an amount estimated as $11,000.00 per month in a total amount not to exceed $112,040.00.
Attachment 3
81 Amendment No. 4
2. Except as set forth in Sections 1 of this Fourth Amendment, and except as may be inconsistent or in conflict with Sections 1 above, all other provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Fourth Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Fourth Amendment.
3. The Parties stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Fourth Amendment. INDEPENDENT CONTRACTOR further accepts the terms and conditions of this Fourth Amendment as full and final resolution of any and all claims, asserted or otherwise, arising out of or related to the subject of this Fourth Amendment and acknowledges that the compensation and/or additional time, if any, set forth herein is adequate and comprises the total compensation and/or time due for the changes included in this Fourth Amendment.
4. This Fourth Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the CITY and CONSULTANT have executed this Fourth Amendment as of the date first set forth above, and the parties executing this Fourth Amendment warrant and represent that they are authorized to do the same on behalf of the Parties and are authorized to bind those Parties to the terms and conditions of this Fourth Amendment.
CITY OF LAGUNA BEACH
By
Dave Kiff, City Manager
ATTEST:
Ann Marie McKay, City Clerk
INDEPENDENT CONTRACTOR
FROGPARKING, INC.
By
Title
82 Amendment No. 4
Address______________________________
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