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AMENDMENT NO. 2
TO CONTRACT SERVICES AGREEMENT
FOR TELECOMMUNICATION CONSULTANT SERVICES
THIS AMENDMENT NO. 2 TO THE CONTRACT SERVICES AGREEMENT FOR TELECOMMUNICATION CONSULTANT SERVICES (“Amendment No. 2”) by and between the CITY OF SIGNAL HILL, a municipal corporation (“City”) and TELECOM LAW FIRM, P.C., a California professional corporation (“Consultant”), is effective as of the 23rd day of August, 2022.
RECITALS
A. City and Consultant entered into that certain Contract Services Agreement for Telecommunication Consultant Services dated October 10, 2017 (“Agreement”) whereby Consultant agreed to provide wireless siting application review and to provide legal counsel relating to wireless communication projects.
B. City and Consultant amended the Agreement, Amendment No. 1, dated August 27, 2019, in order to extend the term of the Agreement, increase the Contract Sum under the Agreement and update the fee schedules under the Agreement.
C. City and Consultant now desire to amend the Agreement in order to extend the term of the Agreement and revise the fee schedules under the Agreement.
TERMS
1. Term. Section 3.4. of the Agreement is hereby amended in its entirety to read as follows:
“Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall commence on the date of this Agreement and continue in full force and effect until completion of services but no later than August 27, 2023, except as otherwise provided in the Schedule of Performance (Exhibit “D”).”
2. Schedule of Compensation. Section I of Exhibit “C” of the Agreement is hereby amended in its entirety to read as follows:
I. Consultant shall perform the following services at the following rates:
Rate
A. Task A: Wireless Siting
Application Reviews
$2,599.00 flat fee, per project
application
B. Task B: Attendance at
Meetings
Per rates set forth in Exhibit “C1”
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C. Task C. General
Consultation
Per rates set forth in Exhibit “C1”
*The flat fees and hourly rates charged by Consultant as set forth above shall be subject to an annual increase of 3% effective as of August 27 of each anniversary of this Agreement, commencing on August 27, 2020.
Travel Time: Consultant shall charge a rate of 70% of the hourly rate for travel time for each staff member/employee of Consultant. For travel time reimbursed by an applicant, such travel time shall be charged as part of the flat fee set forth above.
Reimbursable Expenses: City will reimburse Consultant for all ordinary costs and expenses reasonably incurred by Consultant in performance of the services provided by Consultant to City pursuant to this Agreement. All reimbursements are subject to pre-approval and shall be limited to the actual cost, with no overhead markups, and with respect to the Task A services, shall not cause the flat fee amount to be exceeded without the prior approval of the City.”
3. Hourly Rates. Section I of Exhibit “C-1” of the Agreement is hereby amended in its entirety to read as follows:
“I. Consultant’s hourly rates for meeting and other tasks requested by the Contract Officer other than wireless siting application review services are as follows:
Personnel Rate
Per Partner $348.00
Per Associate/Of Counsel $295.00
Per Paralegal $218.00
Per Clerical/Administrative Assistant $130.00
4. Schedule of Performance. Section III of Exhibit “D” of the Agreement, is hereby amended in its entirety to read as follows:
“III. The Contract Officer and Consultant may approve one additional one-year extension to the term of this Agreement.
Such extensions shall be in writing signed by City’s Contract Officer and Consultant.”
5. Remaining Provisions. Except as specifically set forth in this Amendment No. 2, all provisions of the Agreement shall remain unchanged and in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.
CITY:
CITY OF SIGNAL HILL, a municipal
corporation
________________________________
Joe Hoefgen
Interim City Manager
ATTEST:
___________________________
Carmen R. Brooks
City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
_______________________
Matthew E. Richardson
City Attorney CONSULTANT:
TELECOM LAW FIRM, P.C., a
California professional corporation
By:_____________________________
Name: Dr. Jonathan L. Kramer
Title: President and Treasurer
By:_____________________________
Name: Robert C. May III
Title: Vice President
Address: TELECOM LAW FIRM, P.C
ATTN: Client Notices
2001 S. Barrington Avenue, Suite
306, Los Angeles, CA 90025
NOTE: CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. TWO SIGNATURES ARE REQUIRED IF
CONSULTANT IS A CORPORATION