DocuSign Envelope ID: E5AA63F0-D763-416A-A26B-3AD3C6639CE3
C A L I F O R N I A
P R O F E S S I O N A L S E R V I C E S C O N T R A C T
FIRST AMENDMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT (“Amendment”) is effective as of this , by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and WEST COAST CODE CONSULTANTS, INC (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.
W I T N E S S E T H T H A T
WHEREAS, the City and Contractor entered into a Professional Services Contract dated August 2, 2023 (“Contract”) for the purpose of retaining the services of Contractor to provide experienced Reviewers, Building Inspectors, Permit Technicians, and Plan Check engineers capable of handling the Building Division’s needs; and WHEREAS, effective January 1, 2024 the City increased the scope of its plan reviews to assume fire plan checking tasks from the Alameda County Fire Department, to address staffing shortages experienced by the Alameda County Fire Department; and WHEREAS, Contractor provided fire prevention plan review services to the City beginning January 1, 2024; and
WHEREAS, the City and Contractor desire to amend the Contract; and WHEREAS, the public interest will be served by this Amendment.
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. AMENDMENT
The Parties agree to amend the Contract as checked below:
1.1 Exhibit A
Exhibit A of the Contract is hereby amended in its entirety and replaced with Exhibit A-;
OR
Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-Revision Number, attached hereto and incorporated herein by this reference.
Docusign Envelope ID: 1D5D3ADA-E7B5-47BC-B858-F8B7C59A0948
1.2 Termination Date
The Parties desire to extend the termination date. Section 1.3 of the Contract is hereby amended to extend the termination date to NEW END DATE.
1.3 Total Compensation Amount
The Parties desire to increase the Total Compensation Amount as set forth in Section 3.2 of the Contract by SEVEN HUNDRED SEVENTY SIX
THOUSAND, FIVE HUNDRED TWENTY SEVEN AND SIXTY THREE
CENTS ($776,527.63) The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed THREE MILLION, SIX HUNDRED
AND NINETY FOUR THOUSAND, FIVE HUNDRED TWENTY FIVE
DOLLARS AND SIXTY THREE CENTS ($3,694,525.63)
2. CONTINUING EFFECT OF CONTRACT
Except as amended by this Amendment, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment.
From and after the date of this Amendment, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment.
3. 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.
4. SEVERABILITY
If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
5. WAIVER
The City’s failure to enforce any provision of this Amendment or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.
SIGNATURES ON FOLLOWING PAGE
Docusign Envelope ID: 1D5D3ADA-E7B5-47BC-B858-F8B7C59A0948 City of Emeryville | Professional Services Contract Amendment
6. SIGNATURE PAGE TO PROFESSESIONAL SERVICES CONTRACT
FIRST AMENDMENT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.
Approved As To Form:
City Attorney
Dated: CITY OF EMERYVILLE
Adam Politzer, Interim City Manager
Dated: WEST COAST CODE CONSULTANTS, INC
(Signature)
Giyan Senaratne, Principal
Docusign Envelope ID: 1D5D3ADA-E7B5-47BC-B858-F8B7C59A0948 09/13/2024