FIRST AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND FRANCISCO & ASSOCIATES, INC.
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 Francisco & Associates, Inc., a California corporation (“Consultant” or “Contractor”).
WHEREAS, on February 20, 2024, the parties entered into the Agreement for Consulting Services between the City and Consultant (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 amendments to the Agreement:
1. SCOPE OF SERVICES. Exhibit "A” of the Agreement is hereby amended to add Exhibit "A-1", which modifies Section A.8. Exhibit “A-1” is attached hereto and incorporated by this reference.
2. COMPENSATION. Exhibit “C” of the Agreement is hereby amended to add Exhibit “C1” to increase Consultant’s total compensation limit by $38,095, setting a new limit of $220,602 . Exhibit “C-1” further specifies that the predefined hourly rate schedule will apply to any additional services requested by the City under Section A.8 of Exhibit “A”, and removes the previous ten percent contingency provision while enforcing a strict limit on total compensation and reimbursable expenses. Exhibit “C-1” is attached hereto and incorporated by this reference. Consultant shall be compensated for the services described in Exhibits “A” to “A-1” of the Agreement.
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.
IN WITNESS WHEREOF, the parties have executed this First Amendment in Redondo Beach, California, as of this 21st day of May, 2024.
CITY OF REDONDO BEACH, FRANCISCO & ASSOCIATES, INC.,
a chartered municipal corporation a California corporation __________________________ By: _______________________
James A. Light, Mayor Name: _______________________
Title: _______________________
ATTEST: APPROVED:
__________________________ __________________________
Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
__________________________
Michael W. Webb, City Attorney
Ed Espinoza
Managing Principal
EXHIBIT "A-1"
PROJECT DESCRIPTION AND/OR SCOPE OF SERVICES
A. CONSULTANT’S DUTIES
Consultant shall perform engineering and administration services, including but not limited to, the following:
1. Perform a one-time extraction and conversion of Annual Assessment District Data from Microsoft Access to an alternate cloud-based database management system, supporting SQL databases.
2. Apportion the special assessment of each parcel within each particular Benefit Zone, complying with the Method of Apportionment established for each Benefit Zone and for the overall District.
3. Prepare the Annual Update documents. This includes, but is not limited to, District Engineer’s Reports (to be reviewed and signed by the City Engineer), staff reports and resolutions, notices, boundary maps, and Improvement Diagrams (which show the locations of each type of infrastructure maintained by each zone).
4. Attend public hearings and presentations upon City’s request.
5. Coordinate with City staff to obtain all necessary information for providing the requested services, including the assessor’s files, copies of secured rolls, boundary maps, and budget information. The City will provide any information available from its three assessment databases in Microsoft Access.
6. Prepare quarterly billing for the harbor sewer user fee, in coordination with City staff.
7. Ensure that the parcel database is up-to-date based on the latest County Assessor information. Update parcel information within the zones to ensure that parcels are coded and assessed accurately according to the respective County Land Use and Assessment methodology.
8. Upon City’s request, perform additional related tasks, including but not limited to, creating and disseminating Proposition 218 notices related to the City’s refuse rate adjustments, addressing changes to Los Angeles County filing requirements, modifying the City’s assessment process, and making necessary adjustments to parcels within the City.
B. CITY’S DUTIES
Upon Consultant’s request, provide available information as available, including up-todate map approval status, building permits or certificate of occupancy data.
EXHIBIT "C-1"
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
A. AMOUNT. Consultant shall be paid in accordance with the tables set forth below for the work described in Exhibit “A” of this Agreement.
Fiscal Year Audit and OnBoarding Process
(T&M) Cost
Annual
Administration
Cost
FY 2024-25 $30,000.00 $25,565.00
FY 2025-26 N/A $26,331.95
FY 2026-27 N/A $27,121.91
FY 2027-28 N/A $27,935.57
FY 2028-29 N/A $28,773.63
Total Amount $165,728.06
Note: Audit and On-Boarding Process (T&M) is a one-time fee. Consultant will receive annual payments starting at $25,565.00 for FY 2024-25, with an annual cost-of-living adjustment not exceeding 3%, as reflected in the foregoing table.
B. ADDITIONAL SERVICES. Should the City request additional services as outlined in Section A.8 of Exhibit “A”, Consultant shall be compensated according to the hourly rate schedule provided below.
Hourly Rate Schedule
Personnel Classification Hourly Rate
Principal/Assessment Engineer $215
Principal/Finance and Budget Manager $215
Quality Control Engineer $195
Associate Engineer $175
Project Analyst $140
Clerical $75
C. EXPENSES. Consultant shall be reimbursed for expenses at cost plus 15%, such as postage, mailing services, and County Assessor data, and data storage. Automobile travel (at the prevailing IRS mileage rate) and reproduction shall be billed at cost. All other expenses not provided in this section shall only be reimbursed if it obtains the City’s prior written approval prior to incurring any such cost.
D. NOT TO EXCEED AMOUNT. If issues arise, including but not limited to, expenses, changes to Los Angeles County filing requirements, modifications to the City’s assessment process, or the discovery of necessary adjustments to parcels within the City, the price may exceed the amount specified in Section A of this Exhibit “C”. In such case, Consultant shall provide an estimate for the additional tasks and/or expenses. In no event shall the total amount, including compensation and reimbursable expenses paid to Consultant exceed $220,602 under the Agreement and any of its amendments.
E. METHOD OF PAYMENT. Consultant shall provide two invoices annually, with each invoice submitted biannually for the City’s approval and payment. The invoice shall include the following:
1. Description of tasks performed and services provided.
2. Dates of service.
3. Applicable hourly rates, total hours worked for each personnel classification, and subtotal.
4. Fee or prorated fee for services described in Section A of this Exhibit “C”.
5. Description of any reimbursable expenses incurred.
6. Copies receipts or supporting documentation for any expenses.
Invoice must be itemized, adequately detailed, based on accurate records, in a form reasonably satisfactory to City. Consultant shall provide any other back-up material upon request.
F. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within thirty (30) days of receipt of the invoice(s); provided, however, that the services are completed to the City’s reasonable satisfaction.
G. NOTICE. Written notices to City and Consultant shall be given by email, or registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Consultant: Francisco and Associates
5927 Balfour Court, Suite 109
Carlsbad, CA 92008
Attention: Ed Espinoza, P.E.
Email: [email protected]
City: City of Redondo Beach
Public Works Department, Engineering Division
415 Diamond Street
Redondo Beach, CA 90277
Attention: Jesse Reyes
Email: [email protected]
All notices, including notices of address changes, provided under this Agreement are deemed received on the next business day if by email and on 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.