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FIRST MODIFICATION OF AGREEMENT NO. 11122 (CCS)
This First Modification of Agreement No. 11122 (“First Modification”), entered into as of _________________(“Execution Date”), by and between the CITY OF SANTA MONICA (“City”), a California municipal corporation, and FIRE RESOURCES LLC (“Fire Resources”), a limited liability corporation, is made with reference to the following:
RECITALS:
A. On or about On or about December 5, 2022, the City and Fire Resources entered into Agreement No. 11122 (“Original Agreement”) to provide fire-training, curriculum development, and other related professional fire services to the City.
B. The City and Fire Resources now desire to modify the Original Agreement to extend the agreement term and to adjust the compensation paid to the Fire Resources accordingly.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. Section 1 of the Agreement entitled “Term” is hereby deleted and shall be replaced with the following:
Term. This Agreement shall commence on the Execution
Date stated above and shall expire on December 5, 2026, unless terminated earlier by the City in accordance with Section 14.
2. Section 4 of the Agreement entitled “Compensation” is hereby deleted and shall be replaced with the following:
Compensation. The City shall pay compensation to Fire
Resources for the Services performed by it and provided to City in accordance with Exhibit B-1. The total amount of compensation paid to Fire Resources under this Agreement shall at no time exceed $740,000.
Docusign Envelope ID: A2B5B4C7-9308-47F4-BE5B-3DAEC395E40C 7/16/2024
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3. Exhibit B of the Agreement is hereby replaced and superseded by Exhibit B-1. Exhibit B-1 is attached to this First Modification and is incorporated into the Agreement.
4. This First Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single agreement. Any signature to this Agreement transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
5. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.
ATTEST:
______________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
Fire Resources Corporation
#VENDOR
By:
________________________________
Docusign Envelope ID: A2B5B4C7-9308-47F4-BE5B-3DAEC395E40C City Attorney Fire Resources LLC CEO
Interim City Clerk City Manager
Exhibit B-1
Budget
Personnel
Sean A. Escontrias, CEO
Rate
$88.95 per hour for first 40 hours per week; any hours that exceed 40 hours per week are billed at $133.43 an hour.
Notes:
Miscellaneous supply costs shall be the responsibility of Fire Resources. Mass copying and production of training materials for RTG business will be paid directly by LAAFCA.
Fire Resources, LLC will provide copies of reports and other written documents at its own expense for the LAAFCA Executive Board. The total amount of compensation paid to Fire Resources under this Agreement is a not to exceed amount of $740,000.
If additional services are required, the hourly rate is $133.43 an hour and may be billed as a deliverable milestone.
Fire Resources shall agree to submit regular and timely invoices. Invoices shall include the total daily hours dedicated to each task and a brief description of each task performed by the Fire Service Regional Training Officer and any administrative support personnel, as applicable.
All invoices are subject to Net 30 terms upon the receipt of an invoice. If the invoice is based on an hourly rate as described above, invoices will be paid on a monthly basis. If invoices are milestone based, invoices will be paid upon milestone approval of the LAAFCA Executive Director.
All invoices shall be provided electronically to the email account [email protected] with a copy email to [email protected].
Docusign Envelope ID: A2B5B4C7-9308-47F4-BE5B-3DAEC395E40C