CC SR 20180417 E - Interwest Service Agreement Amendment No. 2RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 04/17/2018
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to approve Amendment No. 2 to the Professional
Service Agreement with Interwest Consulting Group to increase the annual Agreement
amount for on-call Building & Safety consulting services.
RECOMMENDED COUNCIL ACTION:
(1) Approve Amendment No. 2 to the Professional Service Agreement with Interwest
Consulting Group to increase the annual Agreement amount for Building &
Safety consulting services.
FISCAL IMPACT: Increase the annual Agreement amount by $81,000, from $248,000
to $329,000, to cover costs for the staffing of a temporary Building Permit Technician
during the unpaid medical leave of the City’s full time employee (FTE). The increase to
the Agreement amount will not impact the Department’s budget because of Salary and
Benefit savings during the temporary vacancy of this FTE position in the Building and
Safety Division.
Amount Budgeted: $248,000 annually
Additional Appropriation: 0
Account Number(s): 101-400-3130-5101
ORIGINATED BY: Tom DeFazio, Building Official TdF
REVIEWED BY: Ara Mihranian, AICP, Director of Community Development
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Amendment No. 2 to the Professional Service Agreement with Interwest
Consulting Group (page A-1)
B. Professional Service Agreement (including Amendment No. 1) with
Interwest Consulting Group (page B-1)
BACKGROUND AND DISCUSSION:
On August 15, 2017, the City Council approved a two-year Professional Service
Agreement (Agreement), with an option to renew one additional year (Attachment B),
with Interwest Consulting Group (Interwest) to provide on call Building and Safety
Services, such as plan check reviews or site inspections for private development
projects and as-needed technician support.
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On January 16, 2018, the City Council approved Amendment No. 1 to the Agreement
increasing the contract cost to reflect the hourly increase from the original amount of
$201,000 to $248,000 for a highly-qualified plan checker provided by Interwest. An
additional appropriation was not needed because the proposed increase was covered
by salary and benefit savings from current vacant positions in the Building and Safety
Division.
Since June 2017, one of the Building and Safety Division’s two Building Permit
Technicians was placed on a doctor-ordered medical leave. In order to avoid any
disruption to services provided to the public at the Building and Safety counter, this Staff
vacancy required the Division to request a full-time temporary staff person from
Interwest. This unanticipated request has resulted in the potential to reach the
maximum annual Agreement amount of $248,000 sooner than the full one-year term. To
avoid exceeding the annual Agreement amount, Staff is requesting that the City Council
increase the amount from $248,000 to $329,000 annually. An additional budget
appropriation will not be needed at this time, as the proposed increase will be covered
by salary and benefit savings from the current temporary vacancy of the Building Permit
Technician FTE position in the Building and Safety Division. As it is unknown when the
City’s full-time employee will return to work, the increase to the annual Agreement
amount is requested for the full two-year term of the Agreement (with an option to
extend one additional year).
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council’s consideration:
1. Identify any issues of concern that may require further study and direct
Staff to provide additional information at a subsequent meeting.
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AMENDMENT NO. 2
TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES
(“Amendment”) by and between the CITY OF RANCHO PALOS VERDES (“City”) and
INTERWEST CONSULTING GROUP, a California corporation (“Consultant”) is effective as
of the day of April, 2018.
RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services
dated August 15, 2017 (“Agreement”), amended on January 16, 2018 as Amendment No. 1,
whereby Consultant agreed to provide Building & Safety Services.
B. Since June of 2017, one of the City’s two building permit technicians has been on
medical leave, and the City has had the need to increase Consultant’s workload to ensure continued
service.
C. City and Consultant now desire to amend the Agreement a second time to increase
the Contract Sum from $248,000 annually to $329,000 annually to cover the expanded services
provided by Consultant.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is
indicated in strikethrough and added text in bold italics.
a. Section 2.1, Contract Sum, is amended as follows:
Subject to any limitations set forth in this Agreement, City agrees to pay
Consultant the amounts specified in the “Schedule of Compensation”
attached hereto as Exhibit “C” and incorporated herein by this reference.
The total compensation, including reimbursement for actual expenses, shall
not exceed Seven Hundred Forty Four Thousand Dollars ($744,000) Nine
Hundred Eighty-Seven Thousand Dollars($987,000) (the “Contract
Sum”), unless additional compensation is approved pursuant to Section 1.8.
b. Section I of Exhibit “C”, Schedule of Compensation, is amended as follows:
I. Consultant shall perform the following tasks at the following rates:
RATE/HR TIME SUB-BUDGET
A. Plan Check $80-$140/hr 96 hours/month $140,000
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B. Permit Issuance
(Building Permit
Technician)
$55-65/hr 30.5160
hours/month
$17,000 $98,000
C. Inspection $80-95/hr 28 hours/month $30,000
D. Investigation $85-95/hr 24 hours/month $25,000
E. Code
Enforcement
$85-95/hr 14 hours/month $15,000
F. Training and
Certification
$80-140/hr 69 hours/year $6,000
G.
Special Studies
$80-140/hr
14 hours/month
$15,000
ANNUAL
MAXIMUM
TOTAL COST
$248,000$329,000
2. Continuing Effect of Agreement. Except as amended by this Amendment, all
provisions of the Agreement shall remain unchanged and in full force and effect. From and after
the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall
mean the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Consultant each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein. Each party
represents and warrants to the other that the Agreement is currently an effective, valid, and binding
obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is
not in default of any material term of the Agreement and that there have been no events that, with
the passing of time or the giving of notice, or both, would constitute a material default under the
Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment,
Consultant is not in default of any material term of the Agreement and that there have been no
events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
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4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute
and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party
is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement
does not violate any provision of any other Agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
____________________________________
Susan Brooks, Mayor
ATTEST:
_________________________________
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_________________________________
William W. Wynder, City Attorney
CONSULTANT:
INTERWEST CONSULTING GROUP, a
California corporation
By: ________________________________
Name:
Title:
By: ________________________________
Name:
Title:
Address: ____________________________
______________________________
______________________________
Two corporate officer signatures required when Consultant is a corporation, with one signature
required from each of the following groups: 1) Chairman of the Board, President or any Vice
President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant
Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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01007.0005/465492.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2018 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01007.0005/465492.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2018 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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