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i� <br />N <br />ao <br />AMENDMENT NO. THREE TO <br />PROFESSIONAL SERVICES AGREEMENT <br />WITH HOST COMPLIANCE LLC FOR <br />ONLINE SHORT-TERM RENTAL LISTING AUDIT SERVICE <br />THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT <br />("Amendment No. Three") is made and entered into as of this 26th day of November, <br />2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California <br />municipal corporation and charter city ("City"), and HOST COMPLIANCE LLC, a <br />Delaware limited liability company ("Consultant"), whose address is 1037 NE 65th Street, <br />#81158, Seattle Washington 98115, and is made with reference to the following: <br />RECITALS <br />A. On March 24, 2017, City and Consultant entered into a Professional Services <br />Agreement ("Agreement") for Consultant to provide Online Short -Term Rental <br />Listing Audit Service ("Project"). <br />B. On March 23, 2018, City and Consultant entered into Amendment No. One to the <br />Agreement ("Amendment No. One") to reflect additional Services not included in <br />the Agreement, to increase the total compensation, update the Administration <br />section, and update the Legal Notices information. <br />C. On September 24, 2018, City and Consultant entered into Amendment No. Two to <br />the Agreement ("Amendment No. Two") to extend the term of the Agreement to <br />June 30, 2019, and to update Consultant's notice provision. <br />D. The parties desire to enter into this Amendment No. Three to increase the total <br />compensation based on the volume of Work. <br />NOW, THEREFORE, it is mutually agreed by and between the undersigned parties <br />as follows: <br />1. COMPENSATION TO CONSULTANT <br />Section 4.1 of the Agreement is amended in its entirety and replaced with the <br />following: "City shall pay Consultant for the Services on a time and expense not -to - <br />exceed basis in accordance with the provisions of this Section and the Schedule of Billing <br />Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's <br />compensation for all Work performed in accordance with this Agreement, including all <br />reimbursable items and subconsultant fees, shall not exceed One Hundred Twenty <br />Thousand Dollars and 00/100 ($120,000.00), without prior written authorization from <br />City. No billing rate changes shall be made during the term of this Agreement without the <br />prior written approval of City." <br />The total amended compensation reflects Consultant's additional compensation <br />for additional Services to be performed in accordance with this Amendment No. Three, <br />