SECOND AMENDMENT TO THE AGREEMENT FOR PROJECT SERVICES
BETWEEN THE CITY OF REDONDO BEACH AND MACKAY METERS, INC.
THIS SECOND AMENDMENT TO THE AGREEMENT FOR PROJECT SERVICES ("Second Amendment") is made between the City of Redondo Beach, a chartered municipal corporation ("City") and MacKay Meters, Inc., a Florida corporation (hereinafter "MacKay" or "Contractor").
WHEREAS, on April 21, 2020, the parties originally entered into the Agreement for Project Services between the City and Contractor (the "Agreement"); WHEREAS, on November 16, 2021, the parties entered into the First Amendment to the Agreement (the "First Amendment") to extend the term to November 15, 2023, and increase the Contractor's total compensation limit by $716,000;
WHEREAS, on October 10, 2023, the City and Contractor mutually agreed to extend the term of the Agreement through November 14, 2025, with the terms allowing for three (3), two-year extensions by written agreement of both parties;
WHEREAS, the City desires to purchase additional products, reflecting the inclusion of new mkBeacon meters and associated services as quoted on May 1, 2024; WHEREAS, the parties desire to incorporate the new pricing quotation dated May 1, 2024, into the Agreement;
WHEREAS, the parties wish to ratify and confirm the extension of the Agreement through November 14, 2025; 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 the following amendments and ratifications to the Agreement:
1. SCOPE OF SERVICES. Exhibit "A" of the Agreement is hereby amended to add Exhibit "A-1" to include the purchase of additional mkBeacon Single Space and Double Space coin/credit meters with lower vaults and coin cans. Exhibit "A-1" is attached hereto and incorporated by reference.
2. TERM AND TIME OF COMPLETION. Exhibits "B" to "B-1" of the Agreement are hereby affirmed and confirmed to extend the term of the Agreement through November 14, 2025, pursuant to the mutual agreement of the parties as reflected in the correspondence dated October 10, 2023. Exhibits "B" to "B-1" are further amended to allow for automatic two-year extensions from the expiration date, unless the Chief of Police or their designee provides written notice expressing non-renewal of the Agreement at least fifteen (15) days prior to the expiration date of the current term, with the total term not to exceed November 30, 2029. Exhibit "B-2" is attached hereto and incorporated by reference. Contractor shall commence and complete all services described in Exhibit "A" in accordance with the schedule set forth in Exhibits "B" to "B- 2".
3. COMPENSATION. Compensation. Exhibits "C" to "C-1" of the Agreement are hereby amended to add Exhibit "C-2", increasing the Contractor's compensation limit by $86,720.75, setting a new limit of $1,106,400.93. Exhibit "C-2" is attached hereto and incorporated by reference.
4. 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 agreements 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 [SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have executed this Second Amendment in Redondo Beach, California, as of this 23r° day of July, 2024.
CITY OF REDONDO BEACH MACKAY METERS, INC.,
a chartered municipal corporation a Florida corporation - DocuSigned by: - DocuSigned by:
James Mackay
- 6BC0853B8F644F1... By: F12CF71209246
James Macka
James A. Light, Mayor Name:
Title: V.P. Sales
ATTEST: APPROVED:
- DocuSigned by: - DocuSigned by:
Clesnor Manzano Diane Strickfaden
- 72F2AC716C214CF... ABED8CE35EEE480
Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
- DocuSigned by:
Michael W. Webb
- 669049EDE03D402.
Michael W. Webb, City Attorney
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EXHIBIT "A-2"
PROJECT DESCRIPTION AND/OR SCOPE OF SERVICES
CONTRACTOR'S DUTIES
Contractor shall provide the following equipment and related services.
A. EQUIPMENT
1. 13 units of mkBeacon Single Space coin/credit c/w lower vault & coin can (Part # 22MM0000100)
99 units of mkBeacon Double Space coin/credit c/w lower vault & coin can (Part # 22MM0000200).
3. 12 pack batteries to be replaced with standard 6 pack at no additional cost.
B. SERVICES
1. Gateway Hosting Notification Services for 13 single space meters.
2. Gateway Hosting Notification Services for 99 double space meters. - 4-
EXHIBIT "B-2"
TERM AND TIME OF COMPLETION
TERM. The term of this Agreement is hereby affirmed and confirmed to extend through November 14, 2025 ("Term"). The Agreement shall be extended for two automatic two-year extensions from the commencement date, unless the Chief of Police or their designee provides written notice expressing non-renewal of the Agreement at least fifteen (15) days prior to the expiration date of the current term, with the total term not to exceed November 30, 2029.
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EXHIBIT "C-2"
COMPENSATION
Provided Contractor is not in default under this Agreement, Contractor shall be compensated as provided below.
A. AMOUNT. Contractor shall be paid the additional amount of $86,720.75 in accordance with the attached quote. However, in no event shall the total amount paid to the Contractor under the Agreement, including any amendments, exceed $1,106,400.93.
B. METHOD OF PAYMENT. Contractor shall provide monthly invoices indicating the date of delivery, delivery locations, products, and quantity delivered, unit price, subtotal amount, and the total amount during the prior month to the City for approval and payment.
Invoices must also 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.
C. SCHEDULE FOR PAYMENT. City agrees to pay Contractor within thirty (30) days of receipt of the monthly invoice; provided, however, that services are completed to the City's reasonable satisfaction.
D. NOTICE. Written notices to City and Contractor shall be given by registered or certified mail, postage prepaid, email, or personally served, and addressed to the following parties.
Contractor. MacKay Meters, Inc.
1342 Abercrombie Road
New Glasgow, Nova Scotia B2H 5E3 Canada
Attention: James MacKay
Email: [email protected]
City. City of Redondo Beach
401 Diamond Street
Redondo Beach, CA 90277
Attention: Nicole Merrill, MSO Supervisor
Email: [email protected]
All notices, including notices of address changes, provided under this Agreement are deemed received as follows: (1) on the second business day after emailing, provided that no "bounce-back" or similar message indicating non-delivery is received; (2) on the third day after mailing if sent by registered or certified mail; or (3) 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. - 6-
CSIO CERTIFICATE OF LIABILITY INSURANCE
This certificate is issued as a matter of information only and confers no rights upon the certificate holder and imposes no liability on the insurer.
This certificate does not amend, extend or alter the coverage afforded by the policies below.
1. CERTIFICATE HOLDER - NAME AND MAILING ADDRESS 2. INSURED'S FULL NAME AND MAILING ADDRESS City of Redondo Beach MacKay Meters Inc.
Purchasing P.O. Box 338
415 Diamond Street
Redondo Beach CA New Glasgow NS
3. DESCRIPTION OF OPERATIONS/LOCATIONS/AUTOMOBILES/SPECIAL ITEMS TO WHICH THIS CERTIFICATE APPLIES (but only with respect to the operations of the Named Insured) Confirmation of Insurance - Single and Dual Space Parking Meters 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 Contractor.
The certificate holder is added as an additional insured to the Commercial General Liability Coverage Policy, but only with respect to liability arising out of operations carried out by or on behalf of the Named Insured, excluding any automobile liability.
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 requirements, terms or conditions 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 terms, exclusions and conditions of such policies.
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LIMITS OF LIABILITY
TYPE OF INSURANCE INSURANCE COMPANY (Canadian dollars unless indicated otherwise)
AND POLICY NUMBER YYYYIMMIDD YYYYIMMDD
COMMERCIAL GENERAL LIABILITY Chubb Insurance Company of Canada 2024/06/30 2025/06/30 35814085 ODILY INJURY AND PROPERTY DAMAG
LIABILITY - GENERAL AGGREGATE 5,000.000
]CLAIMS MADE OR IX OCCURRENCE
]PRODUCTS AND / OR COMPLETED OPERATIONS - EACH OCCURRENCE 1,000,000 •EMPLOYER'S LIABILITY PRODUCTS AND COMPLETED OPERATIONS 1,000,000
AGGREGATE
•CROSS LIABILITY [PERSONAL NURY LABILITY 1,000,000
• WAIVER OF SUBROGATION * ANAL AND ADOVERTISING NURY
MEDICAL PAYMENTS 10,000
X TENANTS LEGAL LIABILITY TENANTS LEGAL LIABILITY 1.000,000 •POLLUTION LIABILITY EXTENSION POLLUTION LIABILITY EXTENSION •
Chubb Insurance Company of Canada 2024/06/30 2025/06/30 NON-OWNED AUTOMOBILES 1,000,000 IX/NON-OWNED AUTOMOBILES 35814085
[HIRED AUTOMOBILES HIRED AUTOMOBILES
AUTOMOBILE LIABILITY BODILY INJURY AND PROPERTY
•DESCRIBED AUTOMOBILES DAMAGE COMBINED
•ALL OWNED AUTOMOBILES BODILY INJURY (PER PERSON)
[LEASED AUTOMOBILES** BODILY INJURY (PERACCIDENT)
PROPERTY DAMAGE
EXCESS LIABILITY (2378 B418Bnce Company of Canada 2024/06/30 2025/06/30 EACH OCCURRENCE 4,000,000
X UMBRELLA FORM AGGREGATE
4,000,000
•
OTHER LIABILITY (SPECIFY)
•
5. CANCELLATION
Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the certificate holder named above, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives.
6. BROKERAGE/AGENCY FULL NAME AND MAILING ADDRESS 7. ADDITIONAL INSURED NAME AND MAILING ADDRES Commercial General Liability- but only with respect to the operations of the Named Insurec Arthur J. Gallagher Canada Limited City of Redondo Beach 227 Main Street Purchasing
Antigonish NS COSTA B2G 2M5 415 Diamond Street
BROKER CLIENT ID: Redondo Beach CA POSTAL90277
CODE
8. CERTIFICATE AUTHORIZATION
ISSUER Arthur J. Gallagher Canada Limited CONTACT NUMBERS) TYPE Phone NO. 902-863-3210 TYPE NO.
AUTHORIZED REPRESENTATIVE Peter Fraser, BBA, AIB TYPE Fax NO. 902-863-1336 TYPE NO.
AUTHORIZED REPRESENTATNE DATE 2024/07/04 EMAIL ADDRESS [email protected] CSIO - Certificate of Liability Insurance CA4301e 201609 ©2016, Centre for Study of Insurance Operations. All rights reserved.