DocuSign Envelope ID: A93B4711-E115-480A-AD63-8B9DD070562A
SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND
ASTRUM UTILITY SERVICES, LLC
(PROFESSIONAL ENERGY CONSULTANT SERVICES - RFP NO. 21-015RH)
1. PARTIES AND DATE.
This Second Amendment to the Professional Services Agreement ("Second Amendment) is made and entered into this 1% day of May, 2024 by and between the City of Corona ("City") and Astrum Utility Services, LIC, a California limited liability company ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Second Amendment.
RECITALS.
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 Prior Amendments. City and Consultant entered into that certain First Amendment to the Professional Services Agreement on or about June 27, 2022 ("First Amendment").
Amendment. City and Consultant desire to amend the Agreement for the second time to (1) extend the term of the agreement through fiscal year ending June 30, 2026; (2) increase the Compensation from $200,000 to $225,000 per fiscal years ending June 30, 2025 and June 30, 2026; and (3) replace Exhibit "C-1" (Compensation) with Exhibit "C-2" (Compensation).
3. TERMS.
3.1 Term. Section 3.1.2 (Term) of the Agreement, as amended by the First Amendment is hereby deleted in its entirety and replaced with the following:
CALD 02000 50105\10005846.1 (CITY ATTY: 01-14)
DocuSign Envelope ID: A93B4711-E115-480A-AD63-8B9DD070562A "3.1.2 Term. The term of this Agreement shall be from December 16, 2020 to June 30, 2026 ("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-1" (Compensation) of the Agreement, as amended by the First Amendment, are hereby deleted in their entirety and replaced with the following:
"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-2" 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 ending June 30, 2024; and shall not exceed Two Hundred Twenty- Five Thousand Dollars ($225,000) ("Total Compensation") per fiscal years ending June 30, 2025, and June 30, 2026 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."
Continuing Effect of Agreement. Except as amended by this Second Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this Second Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Second 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 Second Amendment.
3.5 Counterparts. This Second 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]
CAIDD102000.50105\10005846.1 2 (CITY ATTY: 01-14)
DocuSign Envelope ID: A93B4711-E115-480A-AD63-8B9DD070562A
CITY'S SIGNATURE PAGE
FOR
SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND
ASTRUM UTILITY SERVICES, LLC
(PROFESSIONAL ENERGY CONSULTANT SERVICES - RFP NO. 21-015RH) IN WITNESS WHEREOF, the Parties have entered into this Second 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:
Erin Kunkle
Electric Utility Manager
- DocuSigned by:
Reviewed By: Yasmin lopez
-F8EFBE3136B4492.
Yasmin Lopez
Purchasing Manager
Attest:
Sylvia Edwards
City Clerk, City of Corona, CA
CADD 02000.50105\10005846.1 3 (CITY ATTY: 01-14)
DocuSign Envelope ID: A93B4711-E115-480A-AD63-8B9DD070562A
CONSULTANT'S SIGNATURE PAGE
FOR
SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND
ASTRUM UTILITY SERVICES, LLC
(PROFESSIONAL ENERGY CONSULTANT SERVICES - RFP NO. 21-015RH) IN WITNESS WHEREOF, the Parties have entered into this Second 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
•DocuSigned by:
leonard Vigo
By: -47FC64725A52496
Leonard Viejo
President
CAIDD 02000.50105\10005846.1 4 (CITY ATTY: 01-14)
DocuSign Envelope ID: A93B4711-E115-480A-AD63-8B9DD070562A EXHIBIT "C-2"
COMPENSATION
Consultant 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
July 1, 2024 - June 30, 2026
Monthly Fee for Services Listed in the "Scope of Work": $17,000 Hourly Rate for Services in addition to the "Scope of Work" Position Hourly Rate
President $306
Vice President $232
Senior Consultant $185
Financial Analyst $137
Staff $74
CAIDD 02000 50105\10005846.1|
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27157.11000 29551902