1 FIRST AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES BETWEEN
THE CITY OF REDONDO BEACH AND FISCHER COMPLIANCE, LLC
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 Fischer Compliance, LLC, a California limited liability company (“Contractor” or “Consultant”).
WHEREAS, on May 2, 2023, the parties hereto entered into the Agreement for Consulting Services between the City and Consultant (the “Agreement”); and WHEREAS, the parties hereto desire to amend the Agreement to add services, extend the term of the Agreement, and increase the total compensation limit.
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. PROJECT DESCRIPTION AND SCOPE OF SERVICES. Exhibit “A” of the Agreement is hereby amended to add Exhibit “A-1”, which expands the scope of services to include technical assistance, regulatory guidance, Sewer System Management Plan (“SSMP”) auditing, condition assessment program support, spill response planning and reporting, and staff training. Consultant shall continue to support the City in updating the SSMP and related documents, performing compliance audits, preparing documentation and assisting with regulatory alignment to meet State Water Resources Control Board’s Order No. WQ 2022-0103-DWQ (“Order No. WQ 2022- 0103-DWQ”), as further described in Exhibit “A-1”.
2. TERM AND TIME OF COMPLETION. Exhibit “B” of the Agreement is hereby amended to add Exhibit “B-1”, which extends the Agreement term to July 15, 2029.
Exhibit “B-1” is attached hereto and incorporated by this reference. Consultant shall commence and complete all services described in Exhibit “A” as amended by Exhibit “A-1” in accordance with the schedule set forth in Exhibit “B-1”.
3. COMPENSATION. Exhibit “C” of the Agreement is hereby amended to add Exhibit “C-1” to increase the limit for the total compensation paid to Consultant by $85,000 for a total compensation limit of $110,000. Exhibit “C-1” is attached hereto and incorporated by this reference. Consultant shall be compensated for the services described in Exhibit “A” of the Agreement, as amended by Exhibit “A-1”.
4. INSURANCE. Exhibit “D” of the Agreement is hereby amended to add Exhibit “D-1”, which raises the general liability coverage from $1,000,000 to $2,000,000. Exhibit “D-1” is attached hereto and incorporated by this reference. Consultant shall comply with the requirements set forth in Exhibit “D-1”.
2 5. 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. 3 IN WITNESS WHEREOF, the parties have executed this First Amendment in Redondo Beach, California, as of this 15th day of July, 2025.
CITY OF REDONDO BEACH, FISCHER COMPLIANCE, LLC,
a chartered municipal corporation a California limited liability company ___________________________ By: _______________________ James A. Light, Mayor Name: _______________________
Title: _______________________
ATTEST: APPROVED:
___________________________ ___________________________ Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
___________________________
Joy A. Ford, City Attorney
Owner
James Fischer
4 EXHIBIT “A-1”
PROJECT DESCRIPTION AND/OR SCOPE OF SERVICES
I. CONSULTANT’S DUTIES
Consultant shall continue to perform all services set forth in Exhibit “A” of the Agreement and provide expanded technical assistance to support the City’s compliance with Order No. WQ 2022-0103-DWQ. This includes assisting City staff in updating the SSMP and the Spill Emergency Response Plan (“SERP”), addressing regulatory gaps, and incorporating best practices.
Additionally, Consultant shall support the comprehensive SSMP update and provide technical guidance to ensure alignment with the updated Waste Discharge Requirements under the Sanitary Sewer Systems General Order, dated December 6, 2022. All services shall be performed in close coordination with City staff and ensure that the City’s sanitary sewer system remains fully compliant with all applicable regulatory requirements.
A. Tasks. Consultant shall provide technical assistance, regulatory guidance, and implementation support, with an emphasis on aligning all SSMP elements with current statewide Waste Discharge Requirements (“WDRs”), specifically the requirements outlined in Attachment D (System Evaluation, Capacity Assurance, and Capital Improvements) of the Order as set forth herein.
1. Task 8B – SSMP Audit
Finalize the City SSMP Audit per Order No. 2022-0103-DWQ. Prepare a comprehensive audit report summarizing all findings and recommendations. Audit report should highlight recommendations for the SSMP update.
2. Task 9 – Update City’s SSMP Master Template
Consultant shall assist the City with its 2025/2026 SSMP update to ensure full compliance with Order No. WQ 2022-0103-DWQ, including but not limited to Specifications 5.5 (Six-Year Plan Update Requirements) and Attachment D (System Evaluation, Capacity Assurance, and Capital Improvements) of the Order, as directed and authorized via email by the City. Consultant shall prepare and facilitate a SSMP intake meeting, review and evaluate existing SSMP elements, and prepare a draft and final SSMP Update template Report for City review and approval.
Consultant shall further support the City in meeting the applicable WDRs, minimizing the occurrence of Sanitary Sewer Overflows (“SSOs”), and ensuring the effective operation, maintenance, and long-term capacity of the City’s sanitary sewer collection system. All work shall comply with applicable regulatory requirements and industry best practices.
5 Consultant shall also support the preparation and review of compliance documentation, including annual audits, and assist in the review of the City’s Wastewater Fee Study, as requested by the City. Consultant shall perform all services in accordance with the scope, schedule, and direction provided by the City, subject to City’s written authorization.
3. Task 10 – Condition Assessment Program Support
Consultant shall assist the City with improving its existing condition assessment program to meet or exceed the requirements of Order No. 2022-0103-DWQ, Attachment D (System Evaluation, Capacity Assurance, and Capital Improvements). Consultant shall perform data review, online and onsite meetings, and develop a Condition Assessment Recommendations Report reflecting best practices and regulatory alignment.
4. Task 11 – Training
Consultant shall provide City staff with online and onsite training consistent with the requirements of Order No. 2022-0103-DWQ, Attachment D (System Evaluation, Capacity Assurance, and Capital Improvements). Training topics shall include spill emergency response procedures, emergency practice drills, spill volume estimation techniques, and electronic California Integrated Water Quality System (“CIWQS”) spill reporting. Consultant shall issue compliant training certificates for submission to the California Water Environment Association (“CWEA”) for contact hour recognition.
6 EXHIBIT “B-1”
TERM AND TIME OF COMPLETION
The term of this Agreement shall be extended to July 15, 2029 (“Term”), unless otherwise terminated as herein provided. Consultant shall complete all duties in accordance with the City designated schedule, which may be modified by the City in its sole discretion. 7 EXHIBIT “C-1”
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
I. AMOUNT Consultant shall be compensated pursuant to the hourly rate schedule set forth below, which includes all fully burdened rates and encompasses all associated expenses.
STAFF TITLE HOURLY RATE
Principal Engineer, Subject Matter Expert (SME) $260
SSMP Management Partner SME $240
Sewer Collection System SME $220
Administrative $120
However, in no event shall Consultant’s total compensation for each task listed below, including expenses, materials, labor, shipping and taxes, exceed the individual task amounts specified below for a total not to exceed amount of $110,000 under the Agreement and any amendments hereto.
TASK DESCRIPTION TOTAL COST
The Agreement Tasks 1 through 8 $25,000
Task 8B $10,000
Task 9 $50,000
Task 10 $15,000
Task 11 $10,000
TOTAL $110,000
II. 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.
8 Invoices 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, and with the written approval of the City, a portion of the amount from the task may be reallocated to another task, provided the total amount paid does not exceed $110,000 under the Agreement and any amendments hereto. .
III. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within thirty (30) days after receipt of Consultant’s monthly invoice; provided, however, that services are completed to the City’s reasonable satisfaction and there is no dispute over the amount.
IV. 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: Fischer Compliance, LLC
3230 Arena Blvd, Suite 245
Sacramento, California 95834
Attn: James Fischer, P.E. (Principal)
Email: [email protected]
City City of Redondo Beach
Public Works Department, Engineering Services Division
415 Diamond Street
Redondo Beach, CA 90277
Attn: Lauren Sablan, City Engineer
Email: Lauren,[email protected]
All notices, including notices of address changes, provided under this Agreement are deemed received on the second business day after emailing and the third business 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.
9 EXHIBIT “D-1”
INSURANCE REQUIREMENTS FOR CONSULTANTS
Without limiting Consultant’s indemnification obligations under this Agreement, Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
Workers’ Compensation insurance as required by the State of California.
Employer’s Liability Insurance.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
10 Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the Consultant. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance, or as a separate owner’s policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant.
For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Consultant’s part.
Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City’s requirements may be 11 acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
Subcontractors
Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Consultant acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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).
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.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
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. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
3/10/2025
Freidin INB Insurance Services
985 University Avenue
Suite 37
Los Gatos CA 95032
Adam Freidin 408-395-7900 408-395-3711 [email protected] License#: 0M15648 Berkshire Hathaway Direct Insurance Company 10391 FISCCOM-01 Fischer Compliance LLC
2701 Del Paso Rd Ste 130 Ms360
Sacramento CA 95835
660530569
A X 2,000,000 X
10,000 2,000,000 4,000,000 X
N9BP379986 2/19/2025 2/19/2026
4,000,000
A 1,000,000 X X
N9BP379986 2/19/2025 2/19/2026
X NO EMPLOYEES
A Professional Liability N9PL387669 2/19/2025 2/19/2026 Occ Agg
1,000,000
1,000,000
30 day notice of cancellation.
District, its directors, officers, and employees named additional insureds The City of Redondo Beach, its officers, elected and appointed officials, employees, and volunteers are named additional insured.
The policy is Primary with written contact City of Redondo Beach 415 Diamond St
Redondo Beach CA 90277
POLOICY NUMBER: N9BP379986
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY.
ADDITIONAL INSURED - PRIMARY AND
NON-CONTRIBUTORY WITH OTHER INSURANCE
This endorsement modifies insurance provided by the following:
GENERAL LIABILITY COVERAGE
AUTOMOBILE LIABILITY COVERAGE
SCHEDULED PERSONS OR ORGANIZATIONS
ALL ENTITIES (required by contract) their officers, directors and employees A. The following is added to Paragraph c. in A. 1., Who Is An Insured, of SECTION II-LIABILITY COVERAGE:
Any person or organization shown above who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured” for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an “Insured” under the Who Is An Insured provision contained in Section II.
B. The following is added to Paragraph 5., Other Insurance, in B. General Conditions of SECTION IV – BUSINESS AUTO CONDITIONS AND GENERAL LIABILITY CONDITIONS:
Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, if the scheduled person or organization shown above has other insurance under which it is the first named insured and that insurance also applies, then this insurance is primary to and non-contributory with that other insurance when the written contract or agreement between you and that scheduled person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory.