AGR-6948.1 - PROTEL COMMUNICATIONS INCFIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
[VoIP Telephone Service Support]
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the
, 2023, by and between the
and PROTEL COMMUNICATIONS
INC., a California corporation with reference to the following:
A.City and Contractor entered into a Professional Services Agreement (Agreement
No. 6948) dated February 3, 2020, which is incorporated herein by this reference
B.City and Contractor desire to amend the Original Agreement to modify, amend and
supplement certain portions of the Original Agreement by revising the Scope of Services, adding
a contingency amount and increasing the compensation.
NOW, THEREFORE, the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms
used herein shall have the meanings set forth for such terms in the Original Agreement.
Section 2.Cross-References. City and Contractor agree that all references in this
First Amendment are deemed and construed to refer to the Original Agreement, as implemented
by this First Amendment.
Section 3 Revised Scope of Services. The Scope of Services, Section 1, Exhibit A
of the Original Agreement, is hereby amended, modified and supplemented to include the services
described on Exhibit A attached hereto and incorporated herein by this reference.
Section 4 Compensation. The total not-to-exceed compensation for the services to
be rendered as set forth in Section 2.a of the Original Agreement is increased by SEVENTY-TWO
THOUSAND EIGHT HUNDRED THIRTY-THREE DOLLARS and 35/100 ($72,833.35) and
Section 2.a is hereby amended in its entirety to read as follows:
Contractor's total compensation for all services performed under this Agreement,
shall not exceed TWO HUNDRED TWENTY-SIX THOUSAND FOUR
HUNDRED EIGHT DOLLARS and 35/100 ($226,408.35) without the prior written
authorization of City. The total not to exceed amount is inclusive of a $10,000.00
contingency for any additional unforeseen work or equipment that may be required
and authorized by the City.
April 11
AGR- 6948.1
2
Section 5.Integration. This First Amendment amends, as set forth herein, the
Original Agreement and, except as specifically amended hereby, the Original Agreement shall
remain in full force and effect. To the extent that there is any conflict or inconsistency between
the terms and provisions of this First Amendment and the terms and provisions of the Original
Agreement, the terms and provisions of this First Amendment shall control and govern the rights
and obligations of the parties.
IN WITNESS of this First Amendment, the parties enter into this First Amendment on the
year and day first above written.
CONTRACTOR
PROTEL COMMUNICATIONS INC.,CITY OF ORANGE, a municipal corporation
a California corporation
*By:By:
Printed Name: Daniel R. Slater, Mayor
Title:
*By:ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mary E. Binning, City Attorney
*NOTE:If Contractor is a corporation, the City requires the following signature(s):
--(1) the Chairman of the Board, the President or a Vice-President, AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or
an Assistant Treasurer. If only one corporate officer exists or one corporate
officer holds more than one corporate office, please so indicate. OR
--The corporate officer named in a corporate resolution as authorized to enter into
this Agreement. A copy of the corporate resolution, certified by the Secretary
close in time to the execution of the Agreement, must be provided to the City.
Dave Muscio
VP/GM
CEO
Mike Promotico
, Deputy
For
SUPPLEMENTAL SCOPE OF SERVICES
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