CA\DD\02000.50105\10005846.1 (CITY ATTY: 01-14)
FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND
ASTRUM UTILITY SERVICES, LLC.
1. PARTIES AND DATE.
This First Amendment to the Professional Services Agreement (“First Amendment”) is made and entered into this 27th day of June, 2022 by and between the City of Corona (“City”) and Astrum Utility Services, LLC., a California limited liability company (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this First Amendment.
2. RECITALS.
2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated on or about December 16, 2020 (“Agreement”), whereby Consultant agreed to provide professional energy consulting services.
2.2 Amendment. City and Consultant desire to amend the Agreement for the first time to (1) extend the Term of the Agreement through June 30, 2024; (2) amend the Rates & Compensation section; and (3) replace Exhibit “C” (Compensation) with Exhibit “C-1” (Compensation).
3. TERMS.
3.1 Term. Section 3.1.2 (Term) of the Agreement is hereby deleted in its entirety and replaced with the following:
“3.1.2 Term. The term of this Agreement shall be from December 16, 2020 to June 30, 2024 (“Term”), unless earlier terminated as provided herein. Consultant shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines.
The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to Section 3.6.8 below (each a “Renewal Term”). The terms “Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.”
3.2 Rates & Total Compensation. Section 3.3.1 (Compensation) and Exhibit “C” (Compensation) of the Agreement are hereby deleted in their entirety and replaced with the following:
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“3.3.1 Rates & Total Compensation. Consultant shall receive compensation including authorized reimbursements, for all Services rendered under this Agreement at the rates set for in Exhibit “C-1” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed Two Hundred Thousand Dollars ($200,000) (“Total Compensation”) per fiscal year without written approval of the City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
3.3 Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Amendment.
3.5 Counterparts. This First 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.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 76CFB43A-9A73-4919-8627-D6ADFBC7B3CB DocuSign Envelope ID: 6B7D237D-2CB8-4C37-AFEF-5CBAAEC1A1A7 CA\DD\02000.50105\10005846.1 3 (CITY ATTY: 01-14)
CITY’S SIGNATURE PAGE FOR FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND
ASTRUM UTILITY SERVICES, LLC.
IN WITNESS WHEREOF, the Parties have entered into this First Amendment to Professional Services Agreement as of the date noted on the first page of the Amendment.
CITY OF CORONA
By: _________________________
Tom Moody
Director of Utilities
Reviewed By: _________________________
Katie Hockett
Assistant Director of Utilities
Reviewed By: _________________________
Business Manager
Reviewed By: _________________________
Scott Briggs
Acting Purchasing Manager
DocuSign Envelope ID: 76CFB43A-9A73-4919-8627-D6ADFBC7B3CB Jacqueline Zukeran
DocuSign Envelope ID: 6B7D237D-2CB8-4C37-AFEF-5CBAAEC1A1A7 CA\DD\02000.50105\10005846.1 4 (CITY ATTY: 01-14)
CONSULTANT’S SIGNATURE PAGE FOR FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND
ASTRUM UTILITY SERVICES, LLC.
IN WITNESS WHEREOF, the Parties have entered into this First Amendment to Professional Services Agreement as of the date noted on the first page of the Amendment.
ASTRUM UTILITY SERVICES, LLC.
a California limited liability company
By: _________________________
Leonard Viejo
President
DocuSign Envelope ID: 76CFB43A-9A73-4919-8627-D6ADFBC7B3CB DocuSign Envelope ID: 6B7D237D-2CB8-4C37-AFEF-5CBAAEC1A1A7 CA\DD\02000.50105\10005846.1
5 (BB&K: 9-10)
27157.11000\2955190.2
EXHIBIT "C-1"
COMPENSATION
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth below in this Exhibit.
RATES:
July 1, 2022 – June 30, 2024
Monthly Fee for Services Listed in the “Scope of Work”: $16,100 Hourly Rate for Services in addition to the “Scope of Work”:
Position Hourly Rate
President $ 290
Vice President $ 220
Senior Consultant $ 175
Financial Analyst $ 130
Staff $ 70
DocuSign Envelope ID: 76CFB43A-9A73-4919-8627-D6ADFBC7B3CB DocuSign Envelope ID: 6B7D237D-2CB8-4C37-AFEF-5CBAAEC1A1A7