1 FIRST AMENDMENT TO THE AGREEMENT FOR PROJECT SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND NC COMMUNICATIONS
THIS FIRST AMENDMENT TO THE AGREEMENT FOR PROJECT SERVICES ("First Amendment") is made between the City of Redondo Beach, a chartered municipal corporation ("City") and NC Communications, Inc., a California corporation (“Contractor”).
WHEREAS, on September 19, 2023, the parties entered into the Agreement for Project Services between the City and Contractor (the "Agreement"); and WHEREAS, the parties desire to amend 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 amendment to the Agreement:
1. COMPENSATION. Exhibit "C" of the Agreement is hereby amended to add Exhibit “C-1” to increase the Contractor’s total not to exceed compensation by $150,000 for a total limit on Contractor’s compensation in the amount of $184,999. Exhibit “C-1” is attached hereto and incorporated by reference. Contractor shall be compensated for the services described in Exhibit “A”.
2. 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. [SIGNATURES FOLLOW ON NEXT PAGE]
2 IN WITNESS WHEREOF, the parties have executed this First Amendment in Redondo Beach, California, as of this 19th day of December, 2023.
CITY OF REDONDO BEACH, NC COMMUNICATIONS,
a chartered municipal corporation a California 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 "C-1"
COMPENSATION
Provided Contractor is not in default under this Agreement, Contractor shall be compensated as provided below.
A. AMOUNT. Contractor shall be paid for all City approved Quote(s) in accordance with the following hourly rate schedule.
Staff Title and Description
Hourly
Rate
Regular Technician Hours, from 1 to 8 Hours $200
Overtime Hours from 9 to 12 Hours $250
Double Time Hours from 12 and up $300
Emergency calls and Holidays $400
The hourly rates set forth herein shall be apply for the term of the Agreement.
The work will be carried out in accordance with the terms and conditions specified in the City approved Quotes. All Quotes provided by the Contractor will incorporate the cost of materials, along with an additional 10% handling charge.
B. EXPENSES. Expenses incurred by Contractor in performance of this work shall be considered included in the hourly rates in Section A of this Exhibit “C” and no additional compensation shall be provided. Contractor may be reimbursed for extraordinary expenses only with a previously approved written amendment to this Agreement, which shall be at the sole discretion of the City.
C. NOT TO EXCEED AMOUNT. In no event shall the total amount paid to Contractor, including reimbursable expenses, exceed $184,999 during the term of this Agreement.
D. METHOD OF PAYMENT. Contractor shall provide monthly invoices to City for approval and payment for those services performed in the month prior to invoice submission to City for approval and payment. Invoices must include the following information.
1. Task number
2. Staff titles and description
3. Description of the work performed
4. Number of hours worked
4 5. Hourly rate
6. If applicable, expenses incurred
Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Contractor may be required to provide back-up material upon request.
E. SCHEDULE FOR PAYMENT. City agrees to pay Contractor within sixty days of City’s receipt of Contractor’s monthly invoice; provided that services are completed to the City’s reasonable satisfaction and there is no dispute over the amount.
F. NOTICE. Written notices to City and Contractor shall be given by email, registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Contractor: NC Communications, Inc.
14519 S. Western Ave.
Gardena, CA 90249
Attention: Nery Cardenas, President
Email: [email protected]
City: City of Redondo Beach
Information Technology Department
415 Diamond St.
Redondo Beach, CA 90277
Attention: Mike Cook, Information Technology Director
Email: [email protected]
All notices, including notices of address changes, provided under this Agreement are deemed received on the second business day after email, and the third day after mailing if sent by registered or 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.