1 FIRST AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND TELECOM LAW FIRM P.C.
THIS FIRST AMENDMENT TO THE AGREEMENT FOR CONSULTING
SERVICES ("First Amendment") is made between the City of Redondo Beach, a Chartered Municipal Corporation ("City") and Telecom Law Firm P.C., a Professional Corporation (“Consultant”).
WHEREAS, on December 15, 2020, the parties entered into the Agreement for Consulting Services between the City and Consultant (the "Agreement"); and WHEREAS, the parties desire to increase compensation and extend the term of the Agreement.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
1. Term. Exhibit “B” of the Agreement is hereby amended to add Exhibit “B1”, which extends the term to December 3, 2024 and provides two subsequent automatic annual renewals, subject to City or Consultant’s notice to terminate the Agreement at least fifteen (15) days prior to the expiration of the then current term. Exhibit “B-1” is attached hereto and incorporated by reference.
2. Compensation. Exhibit "C” of the Agreement is hereby amended to add Exhibit “C-1” to increase the hourly and flat fee rates, provide a flat fee for each wireless siting application, automatically increase compensation a at a rate of 5% upon renewal of the Agreement and any subsequent annual renewal terms, provide that Consultant at City’s discretion, may be reimbursed for expenses, and increase Consultant’s total not-to-exceed compensation to $240,000. Exhibit “C-1” is attached hereto and incorporated by reference. Consultant shall be compensated for the services described in Exhibit “A”.
3. No Other Amendments. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement and this First Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement and this First Amendment, the terms of this First Amendment shall govern.
2 IN WITNESS WHEREOF, the parties have executed this First Amendment in Redondo Beach, California, as of this 7th day of November, 2023.
CITY OF REDONDO BEACH, TELECOM LAW FIRM. PC,
a chartered municipal corporation a professional corporation
By: _______________________
William C. Brand, Mayor Name:_______________________
Title: _______________________
ATTEST: APPROVED:
__________________________ __________________________
Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
Michael W. Webb, City Attorney
3 EXHIBIT "B-1"
SCHEDULE FOR COMPLETION
Term. This Agreement shall be extended to December 3, 2024, ("Term"), unless otherwise earlier terminated as herein provided. Thereafter, this Agreement shall automatically renew for two subsequent annual terms subject to the same terms and conditions, unless City or Consultant provides written notice to the other at least fifteen (15) days prior to the expiration of the then current term. 4 EXHIBIT "C-1"
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
1. AMOUNT. Consultant shall be paid a flat fee in the amount of $2,591 per wireless siting application for the services described in Sections 3(a) to (d) of Exhibit “A”. For all other services, Consultant shall be compensated in accordance with the following hourly rates.
a. Increase in Compensation. The hourly and flat rates set out within this First Amendment shall automatically increase by five (5) percent on each anniversary of this First Amendment and any future annual terms.
However, in no event shall the compensation paid to Consultant exceed a total not to exceed amount of $240,000.00.
b. City will reimburse expenses incurred by Consultant; provided that, the following conditions are met.
1. Expenses are reasonable.
2. Expenses are billed at cost.
3. Consultant provides receipts to the City.
4. Expenses are ordinary expenses reasonably incurred by Consultant in the performance of the services described herein.
5. Consultant obtains written approval from the City prior to incurring the expense.
2. METHOD OF PAYMENT. Consultant shall provide invoices to City for approval and payment. The invoice shall be based on the hours spent and flat fee per wireless siting application and. Consultant shall provide the invoice to the City after completion of the wireless siting application. Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Consultant may be required to provide backup material upon request.
Personnel Hourly Rate
Partner $387
Associate/Of Counsel $330
Paralegal $185
Clerical $86
5 3. SCHEDULE FOR PAYMENT. City will pay Consultant within thirty (30) days of receipt of Consultant’s invoice; provided, however, that services are completed to the City’s full satisfaction.
4. NOTICES. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Consultant:
Telecom Law Firm PC
Attention: CITY OF REDONDO BEACH NOTICE
3570 Camino del Rio N., Suite 102
San Diego, CA 92108
City:
City of Redondo Beach
Public Works Department
Engineering Services Division
415 Diamond Street
Redondo Beach, CA 90277
Attention: Lauren Sablan
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail. Notice of rate changes or distribution changes must be sent by certified mail.
Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.