HomeMy WebLinkAboutAGR-4136.G.2 - ACE 5 ON 5 - ADULT BASKETBALL PROGRAMSECOND AMENDMENT
TO
ADULT BASKETBALL PROGRAM SERVICES AGREEMENT
THIS SECOND AMENDMENT TO ADULT BASKETBALL PROGRAM SERVICES
AGREEMENT (the “Second Amendment”) is made and entered into as of __________________,
2025, by and between the CITY OF ORANGE, a municipal corporation (“City”), and ACE 5 ON 5,
LLC, a California limited liability company (“Contractor”), with reference to the following:
A. City and Contractor entered into an Adult Basketball Program Services Agreement
(Agreement No. 4136.G) dated November 7, 2022, which is incorporated herein by this reference (the
“Original Agreement”); and
B. City and Contractor amended the Original Agreement to revise the Scope of Services
by a First Amendment to Adult Basketball Program Services Agreement (Agreement No. 4136.G.1)
dated May 9, 2023, which is incorporated herein by this reference (the “First Amendment”); and
C. City and Contractor desire to further amend the Original Agreement to modify, amend
and supplement certain portions of the Original Agreement to increase the compensation for provision
of an increased quantity of adult basketball program services.
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 Second
Amendment are deemed and construed to refer to the Original Agreement, as implemented by this
Second Amendment.
Section 4 Compensation. The total not-to-exceed compensation for the services to be
rendered as set forth in Section 4.a of the Original Agreement is increased by TWELVE THOUSAND
DOLLARS and 00/100 ($12,000.00) and Section 4.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 FORTY-ONE THOUSAND DOLLARS and 00/100 ($41,000.00) without
the prior written authorization of City.”
Section 5. Integration. This Second 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 Second Amendment and the terms and provisions of the Original Agreement, the
terms and provisions of this Second Amendment shall control and govern the rights and obligations
of the parties.
Docusign Envelope ID: 08E4BFF7-F172-4F70-9C93-66A228A3F7CC
AGR-4136.G.2
February 26, 2025
IN WITNESS of this Second Amendment, the parties enter into this Second Amendment on
the year and day first above written.
“CONTRACTOR” “CITY”
ACE 5 ON 5, LLC, a California limited CITY OF ORANGE, a municipal corporation
liability company
*By: By:
Printed Name: Thomas C. Kisela, City Manager
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mike Vigliotta, City Attorney
Nathalie Adourian
Senior Assistant City Attorney
*NOTE: If CONTRACTOR 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.
√
Docusign Envelope ID: 08E4BFF7-F172-4F70-9C93-66A228A3F7CC
President
Andre Thomas