FIFTH AMENDMENT
TO
CONSULTANT SERVICES AGREEMENT
This Fifth Amendment to Consultant Services Agreement (Fifth Amendment") is made and entered into as of , 2023, by and between the City of Diamond Bar, a municipal corporation ("City"), and RKA Consulting Group, a California corporation (herein referred to as the "Consultant") with reference to the following:
The City and the Consultant entered into that certain Consultant Services Agreement dated as of June 7, 2011, which is incorporated herein by this reference (the "Original Agreement"); and
B. The City and the Consultant entered into that certain First Amendment dated as of November 6, 2012, which is incorporated herein by this reference ("First Amendment"); The City and the Consultant entered into that certain Second Amendment dated as of February 18, 2014, which is incorporated herein by this reference ("Second Amendment"); and
The City and the Consultant entered into that certain Third Amendment dated as of November 18, 2014, which is incorporated herein by this reference ("Third Amendment"); and
The City and the Consultant entered into that certain Fourth Amendment dated as of April 21, which is incorporated herein by this reference ("Fourth Amendment"), First Amendment, Second Amendment, Third Amendment, Fourth Amendment and Original Agreement collectively are referred to herein as the "Agreement"; and F. The City and the Consultant desire to amend the Agreement to eliminate the requirement for Consultant to provide a Permit Technician along with a corresponding reduction of compensation as provided herein.
NOW, THEREFORE, the parties agree as follows:
Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
Required Personnel. Item number 4 of the section under the heading "Required Personnel," as set forth in Exhibit "A" to the Original Agreement, is hereby amended to remove "Permit Technician" from the list of personnel that the Consultant shal provide.
1 Compensation. The section under the heading "BUILDING AND SAFETY SERVICES FEE SCHEDULE," as set forth in Exhibit "B" of the Original Agreement is hereby deleted in its entirety and is replaced with the following:
"The City shall compensate the Consultant for building and safety services as a sum of the following:
• 65% of Issuance, Plan Check, and Permit Fees up to $25,000 per month of fees collected by the City; plus
• 50% of Issuance, Plan Check, and Permit Fees between $25,000 to $50,000 per month of fees collected by the City; plus
• 40% of Issuance, Plan Check, and Permit Fees over and above $50,000 per month of fees collected by the City;
Provided that the foregoing compensation shall be reduced consistent with the elimination of the Permit Technician, by the amount of the fully-burdened, top-step cost of a full-time City Permit Technician, as determined by the City's Finance Department, in effect during the month covered by the invoice.
The fully-burdened cost shall be calculated as the monthly sum of wages, benefit allotment, employer's PEPRA contribution, Medicare, short and long-term disability, workers compensation, employer's dental and vision insurance contribution, PEPRA UAL amortization, life insurance and survivor benefits."
Integration. This Fifth Amendment integrates all of the terms and conditions mentioned herein, and supersedes all prior negotiations between the parties with respect hereto. This Fifth Amendment amends, as set forth herein, the Agreement and except as specifically amended hereby, the Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Fifth Amendment and the terms and provisions of the Agreement, the terms and provisions of this Fifth Amendment shall control.
2 IN WITNESS hereof, the parties enter into this Second Amendment on the year and day first above written.
"CONSULTANT" "CITY"
RKA CONSULTING GROUP CITY OF DIAMOND BAR
By:
Andrew Chou, Mayor
Printed Name: DAVID G. GIBORTSON
Tite: PREs / CFO/SECRETARY
ATTEST:
*By: -
Printed Name: Kristina Santana, City Clerk
Title:
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the 3