1 SECOND AMENDMENT TO THE AGREEMENT
FOR CONSULTING SERVICES BETWEEN
THE CITY OF REDONDO BEACH
AND NICOLE JULES DBA PRIORITY ENGINEERING
THIS SECOND AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES (“Second Amendment”) is made between the City of Redondo Beach, a chartered municipal corporation (“City”) and Nicole Yvettte Jules, an individual dba Priority Engineering (“Contractor” or “Consultant”).
WHEREAS, on January 18, 2022, the parties hereto entered into the Agreement for Consulting Services between the City and Consultant (the "Agreement"); and WHEREAS, on January 17, 2023, the parties hereto entered into the First Amendment (the “First Amendment”) to extend the term to January 17, 2025, and to increase the Consultant’s total compensation to $200,000; and
WHEREAS, the parties hereto desire to further extend the term of the Agreement and provide additional compensation for the extended term.
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. GENERAL PROVISIONS.
Section 36 shall be added to the Agreement as follows:
36. Non-Discrimination. Consultant shall comply with all applicable federal, state, and local laws, ordinances, regulations, and codes prohibiting discrimination, including but not limited to the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and the California Fair Employment and Housing Act. Consultant shall not discriminate against any employee or applicant for employment on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military and veteran status, or any legally protected characteristic. Consultant shall ensure that the evaluation and treatment of its employees and applicants for employment are free from such discrimination and harassment.
Consultant shall include a similar non-discrimination provision in all subcontracts related to the performance of this Agreement.
2. SCOPE OF SERVICES. Exhibit “A” of the Agreement is hereby amended to delete Section II.C in its entirety.
2 3. TERM AND TIME OF COMPLETION. Exhibit “B” of the Agreement, as previously amended by Exhibit “B-1”, is hereby further amended to add Exhibit “B-2”, which is attached hereto and incorporated herein by reference. Exhibit “B-2” extends the Agreement term to February 3, 2027. Consultant shall commence and complete all services described in Exhibit “A” in accordance with the schedule set forth in Exhibit “B-2”.
4. COMPENSATION. Exhibit “C” of the Agreement, as previously amended by Exhibit “C-1”, is hereby amended to add Exhibit “C-2”, which is attached hereto and incorporated herein by reference. Exhibit “C-2” increases the total compensation limit by $100,000, setting a new total compensation limit of $300,000. Consultant shall be compensated for the services described in Exhibit “A” of the Agreement.
5. NO OTHER AMENDMENTS. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement, First Amendment, and this Second 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, First Amendment, and this Second Amendment, the terms of this Second Amendment shall govern.
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3 IN WITNESS WHEREOF, the parties have executed this Second Amendment in Redondo Beach, California, as of this 4th day of February, 2025.
CITY OF REDONDO BEACH, NICOLE YVETTTE JULES,
a chartered municipal corporation an individual dba Priority Engineering ___________________________ 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
Owner
Nicole Jules
4 EXHIBIT “B-2”
TERM AND TIME OF COMPLETION
TERM. The term of the Agreement shall be extended to February 3, 2027 (“Term”), unless otherwise terminated as herein provided.
5 EXHIBIT “C-2”
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
I. AMOUNT. Consultant shall perform the work for all City approved Task Proposal(s) in accordance with the attached hourly rate schedule, which is hereby incorporated by reference.
II. EXPENSES. Consultant shall be reimbursed for expenses in accordance with the attached schedule. If Consultant requires reimbursement for expenses not provided on the attached schedule, including but not limited to, mileage, reproduction costs, and subcontractor markup, Consultant shall not be reimbursed without a subsequent written amendment, which shall be at the sole discretion of the City.
III. NOT TO EXCEED AMOUNT. In no event shall the total amount paid to the Consultant, including reimbursable expenses, exceed $300,000 during the term of this Agreement.
IV. METHOD OF PAYMENT. Consultant shall provide monthly invoices to City for approval and payment for those services performed in the month prior to invoice submission. Invoices must include the following information.
A. Task number.
B. All personnel who performed work on the Task.
C. Description of the work performed.
D. Number of hours worked.
E. Hourly rate.
F. All City approved and documented subcontractor invoices.
G. If applicable, expenses incurred.
Invoice must be itemized, adequately detailed, based on accurate records, in a form reasonably satisfactory to the City. Invoices must attach the prior written authorization of the City and copies of receipts to substantiate expense requests. Consultant may be required to provide back-up material upon request. If no work is performed in a given month, no invoice is required.
Within the approved amount of each approved Task Proposal, and with the written approval of the City, a portion of the amount from the line item of the task may be allocated to another line item task so long as the total amount approved for the Task Proposal as described in Exhibit “A” is not exceeded.
V. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within thirty (30) days after receipt of Consultant’s monthly invoice; provided, however, that services are 6 completed to the City’s reasonable satisfaction and there is no dispute over the amount.
VI. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid, or personally served, and addressed to the following parties.
Consultant: Nicole Yvette Jules dba Priority Engineering 1907 Kingsdale Avenue
Redondo Beach, CA 90278
Attn: Nicole Yvette Jules
City: City of Redondo Beach
Public Works Department, Engineering Services Division
415 Diamond Street
Redondo Beach, CA 90277
Attn: Lauren Sablan, City Engineer
All notices, including notices of address changes, provided under this Agreement are deemed received as follows: (1) on the third day after mailing if sent by registered or certified mail; or (2) upon personal delivery. 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 in accordance with this section.
7 PRIORITY ENGINEERING
STANDARD SCHEDULE OF HOURLY RATES
Miscellaneous supplies, local travel and other indirect project expenses are included in the above hourly rates. Additional outside services will be invoiced at cost plus 15 percent.
Classification
ENGINEERING
Principal Engineer
Project Manager
Traffic Engineer
Senior Engineer
Design Engineer(CADD)
Drafter (CADD) Technical
Aid
OTHER SERVICES
Clerical
Hourly Fee Rate
170.00
170.00
170.00
150.00
130.00
60.00 50.00
60.00 ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSR WVD
DATE (MM/DD/YYYY)
PRODUCER CONTACT
NAME:
PHONE FAX
(A/C, No, Ext): (A/C, No):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
GENERAL LIABILITY
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTED
COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PROPOLICY JECT LOC
COMBINED SINGLE LIMIT
(Ea accident) $
BODILY INJURY (Per person) $ ANY AUTO
ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS
HIRED AUTOS
NON-OWNED PROPERTY DAMAGE $
AUTOS (Per accident)
$
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
WC STATU- OTHTORY LIMITS ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ INSURER(S) AFFORDING COVERAGE NAIC #
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE 01/14/2025
MPD INSURANCE SERVICES INC.
4261 E. University Dr. #30-182
Prosper, TX 75078
(310)402-1498
[email protected]
Nicole Jules
Spinnaker Insurance Company
A
X
X
Y
CSB-00191791-00 09/06/24 09/06/25
1,000,000
100,000
5,000
INCLUDED
2,000,000
2,000,000
The City of Redondo Beach, Its Officers, Elected and Appointed Officials, Employees, and Volunteers are hereby named additional insured with respect to any liability arising out of the work or operations performed by on or on behalf of the consultant. coveragee shall not be canceled by either party except City of Redondo Beach
Public Work Department Engineering Services Division
415 Diamond Street
Redondo Beach, CA 90277
X
DBA: Priority Engineering
1907 Kingsdale Ave
Redondo Beach, CA 90278
1,000,000
A
X X
Underwriters at Lloyd's London
ANE4939300.24 09/06/24 09/06/25 B Professional Laibility $ 1,000,000 Each Claim $ 2,000,000 Aggregate
after hirty (30) days prior written notice by certified mail, return receipt requested, has been given to the city.
Michael P. Delaney