FIFTH AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
[City Park Security Services]
THIS FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the "Fifth Amendment") is made and entered into as of → 2024, by and between the CITY OF ORANGE, a municipal corporation ("City"), and LYONS SECURITY SERVICES, INC., a California corporation ("Contractor"), with reference to the following:
6355. 1) dated May 12, ura, reached no a Protes nal series rement ere ong a Agreement"); and
B. City and Contractor amended the Original Agreement to Revise Scope of Services and increase compensation by a First Amendment to Professional Services Agreement (Agreement No. 6355.A.1) dated May 21, 2021, which is incorporated herein by this reference the "First Amendment"); and
C. City and Contractor amended the Original Agreement to increase the compensation by Second Amendment to Professional Services Agreement (Agreement No. 6355.A.2) dated February 22, 2022, which is incorporated herein by this reference (the "Second Amendment"); and Third Amendmen Professional Series A griginal gene 10 in 85. 3) dated sarion by, 2022, which is incorporated herein by this reference (the "Third Amendment"); and , City and Contractor amended the Original Agreement to increase the compensation t ourth Amendment to Protessional Services Agreement (Agreement No. 6355.A.4) dated Mav 1 2022, which is incorporated herein by this reference (the "Fourth Amendment"); and supplement tyrand portian or des rig fur Agreemed the original scope of trices did inmend and compensation.
NOW, THEREFORE, the parties hereby agree as follows:
Section 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.
Section 2. Cross-References. City and Contractor agree that all references in this Fifth Amendment are deemed and construed to refer to the Original Agreement, as implemented by this Fifth Amendment.
Section 3 Compensation. The total not-to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by SIX THOUSAND SEVEN HUNDRED SIXTY DOLLARS and 76/100 ($6,760.76) specified in Exhibit "B" of the Original Agreement, and Section 2.a is hereby amended in its entirety to read as follows:
"Contractor's total compensation for all services performed under this Agreement, shall not exceed SEVEN HUNDRED SEVENTY THOUSAND ONE HUNDRED TWELVE DOLLARS and 82/100 ($770,112.82) without the prior written authorization of City." Section 4. Integration. This Fifth 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 Fifth Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Fifth Amendment shall control and govern the rights and obligations of the parties.
[Remainder of page intentionally left blank; signatures on next page] IN WITNESS of this Fifth Amendment, the parties enter into this Fifth Amendment on the year and day first above written.
"CONTRACTOR" "CITY"
LYONS SECURITY SERVICES, INC., a CITY OF ORANGE, a municipal corporation California corporation
*By: _ By:
Printed Name: Nicholas • Guidice Daniel R. Slater, Mayor Title: President
*By: Nu gr ATTEST:
Printed Name: _ Nicholas Guidice
Title: Secretary
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mike Vigliotta, City Attorney
*NOTE:
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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.
VNA