NINTH AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES
BETWEEN
THE CITY OF REDONDO BEACH
AND
KOSMONT & ASSOCIATES, INC.
DBA KOSMONT COMPANIES
THIS NINTH AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES ("Ninth Amendment") is made between the City of Redondo Beach, a chartered municipal corporation ('City") and Kosmont & Associates, Inc., a California corporation dba Kosmont Companies ("Consultant").
WHEREAS, on December 2, 2014, the parties hereto originally entered into that certain Agreement for Consulting Services between the City and Consultant ("Agreement"); and WHEREAS, on December 1, 2015, the parties entered into a First Amendment ("First Amendment") which extended the term to December 31, 2016 and increased the compensation to $250,000; and
WHEREAS, on July 5, 2016, the parties entered into a Second Amendment ("Second Amendment") which extended the term to June 30,2017 and increased the compensation to $430,000; and
WHEREAS, on March 21, 2017, the parties entered into a Third Amendment ("Third Amendment") which extended the term to December 6, 2017 and increased the compensation to $570,000; and
WHEREAS, on November 7, 2017, the parties entered into a Fourth Amendment ("Fourth Amendment") which extended the term to July 30, 2018 and increased the compensation to $745,000; and
WHEREAS, on March 20, 2018, the parties entered into a Fifth Amendment ("Fifth Amendment") which extended the term to July 30, 2019 and increased the compensation to $945,000; and
WHEREAS, on February 19, 2019, the parties entered into a Sixth Amendment ("Sixth Amendment") which extended the term to July 30, 2020 and increased the compensation to $1,170,000; and
WHEREAS, on October 15, 2019, the parties entered into a Seventh Amendment ("Seventh Amendment") which extended the term to December 31, 2020 and increased the compensation to $1,335,000; and
WHEREAS, on February 11, 2020, the parties entered into an Eighth Amendment ("Eighth Amendment") which increased the compensation to $1,395,000; and WHEREAS, City and Consultant desire to amend the Agreement pursuant to the terms and conditions set forth herein.
4 NOW, THEREFORE, the parties hereby agree to make the following amendments to the Agreement:
1. Scope of Services: Exhibit A of the Agreement (as amended) is replaced in its entirety by the Scope of Services Attached to this Ninth Amendment.
2. Term: Exhibit B of the Agreement is amended to set the expiration of the Agreement to December 31, 2021.
3. Compensation: Exhibit C of the Agreement is hereby amended to increase the compensation by $50,000.00 thereby increasing the total not to exceed amount to $1,445,000.00. Except as expressly stated herein, Exhibit C of the Agreement shall remain unchanged and in full force and effect.
4. Modification. Except as expressly set forth herein, the Agreement, the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment, the Seventh Amendment, and the Eighth Amendment shall continue in full force and effect. The Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment, Seventh Amendment, Eighth Amendment, together with this Ninth Amendment constitute the entire agreement between the parties and supersedes any previous oral or written agreement. In the event of any inconsistency among this Ninth Amendment and the Eighth Amendment, Seventh Amendment, Sixth Amendment, Fifth Amendment, Fourth Amendment, Third Amendment, Second Amendment, First Amendment and the Agreement, the terms of this Ninth Amendment shall prevail. This Ninth Amendment may be modified or amended only by a subsequent writing executed by all of the parties and approval by the City Council. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties have entered into this Ninth Amendment as of this 19th day of January, 2021.
CITY OF REDONDO BEACH KOSMONT & ASSOCIATES, INC
A chartered municipality a California Corporation
dba KOSMONT COMPANIES
William C. Brand, Mayor Name:
Title:
APPROVED AS TO FORM:
Michael W. Webb, City Attorney
APPROVED:
Risk Manager
ATTEST:
Eleanor Manzano, CMC, City Clerk