Agenda Item B.5
CPMS CONSENT CALENDAR
Meeting Date: August 16, 2022
TO: Mayor and Councilmembers
FROM: Peter Imhof, Planning and Environmental Review Director
CONTACT: Lisa Prasse, Current Planning Manager
SUBJECT: Amendment 2 to Professional Services Agreement 2022-043 for Co ntract Interim Code Compliance Staff between the City of Goleta and Wi lldan Engineering
RECOMMENDATION:
Authorize the City Manager to execute Amendment No. 2 to Profes sional Services Agreement 2022-043 between the City of Goleta and Willdan Engin eering to continue with the provision of interim code compliance staffing, extending the term to November 5, 2022, and increasing the amount of the agreement by $30,000, fo r a not-to-exceed amount of $74,000.
BACKGROUND :
On May 9, 2022, the City Manager executed professional services agreement 2022-043 with Willdan Engineering to provide interim code compliance sta ffing when the previous Code Compliance Officer left City employment. The purpose of th e agreement is to provide temporary code compliance services while the City recru its for permanent code compliance staff. The recruitment is well under way to fill the two vacant Code Compliance positions with the goal of having new staff on board in September 2022.
On July 18, 2022, the City Manager extended the terms of the ag reement (Amendment 1) to September 5, 2022 as the initial contract would have expired before the August 16, 2022 Council meeting and Planning E nvironmental Review staff di d not want to have a gap in service. The Professional Services Agreement currently h as a not-to-exceed amount of $44,000 with a termination date of September 5, 2022.
DISCUSSION:
Proposed Amendment No. 2 would extend the time period through early November so as to have the interim code compliance staff person overlap with new City staff. This would allow for new staff members to be hired (start date is yet unkn own) and to share the knowledge that the interim code compliance staff member has reg arding the status of existing cases and city processes and programs. It is likely that the overlap will be shorter 1 Meeting Date: August 16, 2022
than the proposed contract termination. However, staff is being cautious regarding timing and facilitating the transition between interim and full-time C ompliance staff. The additional requested funds correspond to the additional time pr oposed by the contract.
The cost per month for this contract is approximately $12,500 per month.
FISCAL IMPACTS:
No additional appropriations are needed with this contract amendment. The additional $30,000 will be supported by the budget balance in Professional Services account in Current Planning (101-40-4100- 51200).
ALTERNATIVES:
The City Council may elect not to authorize this contract. Doin g so would result in the Code Compliance function needing to pause until new staff is hired and trained.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Michelle Greene
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Amendment No. 2 to Professional Service Agreement No. 2022- 043
2. Professional Services Agreement No. 2022-043 and Amendment N o. 1
2 ATTACHMENT 1
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES
AGREEMENT 2022-043
3 City of Goleta
Amendment No. 2 to Agreement No. 2022-043
AMENDMENT NO. 2
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
WILLDAN ENGINEERING
This Amendment No. 2 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“City”) and Willdan Engineering , a corporation (“Consultant”) dated May 9, 2022 (“Agreement,” Agreement No. 2022-043) is made on this 16th day of August 2022.
SECTION A. RECITALS
1. This Agreement is for the purpose of providing professional temporary code compliance services while the city recruits for permanent staff; and
2. This Agreement has been amended once before to add time (Amendment 1); and
3. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $44,000; and
4. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of $30,000 for continued work while the recruitment process continues and is completed; and
5. The Agreement currently provides in Section 6 for the termination of the agreement on September 5, 2022; and
6. The parties desire to amend the Agreement so as to extend the termination of the Agreement to November 4, 2022; and
7. The City Council approves this Amendment No. 2 on this 16 th day of August 2022.
SECTION B. AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, an d hereby is, amended as follows:
1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $30,000 and to read in its entirety:
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $74,000 (herein "not-to-exceed
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Amendment No. 2 to Agreement No. 2022-043
amount") and shall be earned as the work progresses on the following basis:
Hourly at the hourly rates and with reimbursement to CONSULTANT for those expenses set forth in CONSULTANT’s Schedule of Fees marked Exhibit “B”, attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until December 31, 2022, after which any change in said rates and expenses must be approved in writing by CITY’s Project Manager as described in Section 5 (CITY is to be given 60 days’ notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT.
(b) Payment. CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to CITY’s Project Manager, as described in Section 5. Invoices shall be made no more frequently than on a monthly basis, and described the work performed (including a list of hours worked by personnel classification). All payments shall be made within 30 days after CITY’s approval of the invoice.
2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional sixty-one (61) days to read in its entirety.
The term of this Agreement is from the date first written above to November 4, 2022, unless the term of this Agreement is extended, or the Agreement is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY’s Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.
3. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect
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Amendment No. 2 to Agreement No. 2022-043
In concurrence and witness whereof, this Amendment No. 2 has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
____________________________ ______________________________ Michelle Greene, City Manager Vanessa Munoz, President
ATTEST:
_____________________________ ______________________________ Deborah Lopez, City Clerk Kim Early, Chief Financial Office r
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
6 ATTACHMENT 2
PROFESSIONAL SERVICES AGREEMENT 2022-043
AND AMENDMENT NO. 1
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Project Name: Contract Code Compliance Services
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF GOLETA
AND
WILLDAN ENGINEERING
This AGREEMENT FOR PROFESSIONAL SERVICES (herein referred to as “AGREEMENT”) is made and entered into this ________ day of M ay 2022, by and between the CITY OF GOLETA , a municipal corporation (herein referred to as "CITY"), and WILLDAN ENGINEERING, a corporation (herein referred to as "CONSULTANT").
SECTION A. RECITALS
1. The CITY has a need for professional temporary code compliance services while the city recruits for permanent staff; and
2. The CITY does not have the personnel able and/or available t o perform the services required under this AGREEMENT, and therefore, the CITY desires to contract for professional services to accomplish this work; and
3. The CITY procured these services in compliance with Goleta M unicipal Code Section 3.05.260.
4. The City Manager approved this AGREEMENT pursuant to Goleta Municipal Code section 3.05.070.
SECTION B. TERMS
1. RETENTION AS CONSULTANT
CITY hereby retains CONSULTANT, and CONSULTANT hereby accepts such engagement, to perform the services described in Section 2 .
CONSULTANT warrants it has the qualifications, experience, and facilities to properly and timely perform said services.
2. DESCRIPTION OF SERVICES
The services to be performed by CONSULTANT are as follows:
Professional Services in conjunction shall generally include temporary code compliance staffing as more particularly set for th in the Scope of Work, attached as Exhibit “A,” and incorporated herein.
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3. COMPENSATION AND PAYMENT
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $44,000 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:
Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marked Exhibit "B," attached and incorporated herein. The rates and expenses set forth in that exhibit shall b e binding upon CONSULTANT until December 31, 2022, after which any change in said rates and expenses must be approved in writi ng by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided th e not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT.
(b) Payment . CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written v erification shall be in a form satisfactory to CITY's Project Manager, as described in Section 5.
Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including a list of hours worked by personn el classification).
All payments shall be made within 30 days after CITY’s approval of the invoice.
4. EXTRA SERVICES
CITY shall pay CONSULTANT for those CITY authorized extra servi ces, not reasonably included within the services described in Section 2, as mutually agreed to writing in advance of the incurrence of extra service s by CONSULTANT. Unless CITY and CONSULTANT have agreed in writing b efore the performance of extra services, no liability, and no right to claim compensation for such extra services or expen ses shall exist. The applicabl e hourly rates for extra services shall be at the hourly rates set forth in Exhibi t B if one is included as part of this agreement. Any compensation for extra services shall be part of the total compensation and shall not increase the not to exceed amount identified in Section 3.
5. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by CONSULTANT shall be accomplishe d under the general direction of, and coordinate with, CITY's "Pr oject Manager", as that staff person is designated by CITY from time to time, and who presently is Lisa Prasse Project Manager shall have the authority to act on behalf of the CITY in administering this AGREEMENT but shall not be authorized to extend the term of the AGREEMENT or increase the not to exceed amount.
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6. TERM, PROGRESS AND COMPLETION
The term of this AGREEMENT is from the date first written above t o August 5, 2022, unless term of this AGREEMENT is extended, or t he AGREEMENT is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be perfor med until (i) CONSULTANT furnishes proof of insurance as required b y Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY's Project Manager.
7. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports, and other documentation (other than CONSULTANT's drafts, notes, and inter nal memorandum), including duplication of same prepared by CONSULTA NT in the performance of these services, are the property of CITY. CITY shall be entitled to immediate possession of the same upon completion of the work under this AGREEMENT, or at any earlier or later time when requested by CI T Y . C I T Y agrees to hold CONSULTANT harmless from all damages, claims, ex penses, and losses arising out of any reuse of the plans and specificat ions for purposes other than those described in this AGREEMENT, unless written au thorization of CONSULTANT is first obtained.
8. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTOR
This AGREEMENT is for professional services which are personal to CITY. Lawson Lin and Kenneth Eckman are deemed to be specially experienced and is a key member of CONSULTANT's firm and shall be directly involved in the performance of this work. This key person shall communicate with, and periodically report to, CITY on the progress of the work. Shou ld any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this AGREEMENT. This AGREEMENT may not be assigne d or subcontracted without the City Manager’s prior written consent.
9. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for CONSULTANT's Damages. CONSULTANT holds CITY, its elected officials, officers, agents, and employ ees, harmless from all of CONSULTANT's claims, demands, lawsuits, judgments, damag es, losses, injuries or liability to CONSULTANT, to CONSULTANT's employees, t o CONSULTANT’s contractors or subcontractors, or to the owners of CONSULTANT's firm, which damages, losses, injuries or liability occur during the work required under this AGREEMENT, or occur while CONSULTANT i s on CITY property, or which are connected, directly or indirectly, with CONSULTANT's performance of any activity or work required under t h i s AGREEMENT.
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(b) Defense and Indemnity of Third-Party Claims/Liability.
CONSULTANT shall investigate, defend, and indemnify CITY, its e lected officials, officers, agents, and employees, from any claims, la wsuits, demands, judgments, and all liability including, but not limited to, monetary or property damage, lost profit, personal injury, wrongful death, general l iability, automobile, infringement of copyright/patent/trademark, or professional err ors and omissions arising out of, directly or indirectly, an error, negligence, o r omission of CONSULTANT or any of CONSULTANT’s officers, agents, employees, representatives, subconsultants, or subcontractors, or the will ful misconduct of CONSULTANT or any of CONSULTANT’s officers, agents, employees, representatives, subconsultants, or subcontractors, in performi n g t h e s e r v i c e s described in, or normally associated with, this type of contrac ted work. The duty to defend shall include any suits or actions concerning any act ivity, product or work required under this AGREEMENT, and also include the paymen t of all court costs, attorney fees, expert witness costs, investigation costs , claims adjusting costs and any other costs required for and related thereto.
Notwithstanding the foregoing, to the extent CONSULTANTs Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the ÇONSULTANT.
(c)
(d) No Waiver. CITY does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under th is section because of the acceptance by CITY, or the deposit with CITY, of any insurance certificates or policies described in Section 10.
10. INSURANCE
CONSULTANT shall, at CONSULTANT's sole cost and expense, provid e insurance as described herein. All insurance is to be placed w ith insurers authorized to do business in the State of California with an A.M. Best and Company rating of A- or better, Class VII or better, or as othe rwise approved by CITY.
Insurance shall include the following (or broader) coverage:
a) Insurance Services Office Commercial Liability coverage “o ccurrence” form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate.
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b) Insurance Services Office form number CA 00 01 or equivalent covering Automobile Liability, including hired and non-owned automobile liability with a minimum limit of $1,000,000 per accident. If the Service Provider owns no vehicles, this requirement may be satisfied by a non-owned and hired auto endorsement to Service Provider’s commercial general liability policy.
c) Workers’ Compensation insurance complying with California wo rker’s compensation laws, including statutory limits for workers’ compensation and an Employer’s Liability limit of $1,000,000 pe r accident or disease.
d) Professional liability insurance that covers the services to be performed in connection with this agreement, in the minimum amo unt of $1,000,000 per claim.
Liability insurance policies requi red to be provided by CONSULT ANT hereunder shall contain or be endorsed to contain the following provisions:
a) Except for professional liability insurance, CITY, its emp loyees, officials, agents, and member agencies shall be covered as additional insureds. Coverage shall apply to any and all liability arisin g out of the work performed or related to the contract. Additional insu red status under the general liabilit y requirement shall be provide d on Insurance Services Office Form CG 20 10, with an edition date prior to 2004, or its equivalent. Additional insured status for comp leted operations shall be provided either in the additional insured f orm or through another endorsement such as CG 20 37, or its equivalent.
b) General and automobile liability insurance shall apply sep arately to each insured against whom a claim is made, or suit is brought, except with respect to the limits of the insurer’s liability. Coverag e will not be limited to CITY’s vicarious liability.
c) Professional liab ility insurance policies inception date, continuity date, or retroactive date must be before the effective date of this agreement. CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of t he services required by this agreement.
d) Except for professional liability insurance, liability cov erage shall be primary and non-contributing with any insurance maintained by CITY.
e) Evidence of coverage (including the workers’ compensation and employer’s liability policies) shall provide that coverage shal l not be suspended, voided, canceled, or reduced in coverage or in limit s
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except after 30 days’ prior written notice has been given to CI TY.
Such provision shall not include any limitation of liability of the insurer for failure to provide such notice.
f) No liability insurance coverage provided to comply with th is AGREEMENT shall prohibit CONSULTANT, or CONSULTANT’s
employees, or agents, from waiving the right of recovery prior to a loss. CONSULTANT waives its right of recovery against CITY.
g) CONSULTANT agrees to deposit with CITY within fifteen days o f Notice to Proceed of the Contract certificates of insurance and required endorsements.
h) There shall be no recourse against CITY for payment of pre miums or other amounts with respect to the insurance required to be prov ided by CONSULTANT hereunder. Any failure, actual or alleged, on th e part of CITY to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of CITY. CITY has no additional obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under th is AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid b y CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments.
i) CONSULTANT agrees to provide immediate notice to CITY of a ny claim or loss against CONSULTANT arising out of the work performed under this AGREEMENT. CITY assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
11. RELATIONSHIP OF CONSULTANT TO CITY
The relationship of the CONSULTANT to CITY shall be that of an independent contractor and that in no event shall CONSULTANT be considered an officer, agent, servant or employee of CITY. CONSULTANT sha ll be solely responsible for any workers compensation insurance, withholding t a x e s , unemployment insurance, and any other employer obligations asso ciated with the described work.
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12. CORRECTIONS
In addition to the above indemnification obligations, CONSULTAN T shall correct, at its expense, all errors in the work that may be dis closed during CITY's review of CONSULTANT's report or plans. Should CONSULTANT fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof shall be charged to CONSULTANT or withheld from any funds due to CONSULTANT hereunder.
13. TERMINATION BY CITY
CITY, by notifying CONSULTANT in writing, may upon 10 calendar days’ notice, terminate without cause any portion or all of the services agreed to be performed under this AGREEMENT. If termination is for cause, n o notice period need be given. In the event of termination, CONSULTANT shall h ave the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performe d and charges outstanding at the time of termination shall be payable by CITY t o CONSULTANT within 30 days following submission of a final state ment by CONSULTANT unless termination is for cause. In such event, CON SULTANT shall be compensated only to the extent required by law.
14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by CONSULTANT of the final payment made under th is AGREEMENT shall operate as and be a release of CITY from all cl aims and liabilities for compensation to CONSULTANT for anything done, f urnished, or relating to CONSULTANT'S work or services. Acceptance of payme nt shall be any negotiation of CITY's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of th at check.
However, approval or payment by CITY shall not constitute, nor b e d ee med , a release of the responsibility and liability of CONSULTANT, its employees, subcontractors, agents and CONSULTANTs for the accuracy and com petency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONSULTANT , its employees, subcontractors, agents and consultants.
15. AUDIT OF RECORDS
At any time during normal business hours and as often as it may d e e m necessary, CONSULTANT shall make available to a representative of CITY for examination of all its records with respect to all matters cove red by this AGREEMENT and will permit CITY to audit, examine and/or reprodu ce such records. CONSULTANT will retain such financia l records, time s heets, work progress reports, invoices, bills and project records for at le ast two years after termination or final payment under this AGREEMENT.
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16. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the other party, irrespective o f the length of time for which such failure continues, shall not constitute a w aiver of such party's right to demand strict compliance by such other party in the fu ture. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such wa iver shall be implied from any omissions by a party to take any action with r espect to such default or breach. No express written waiver of a specified de fault or breach shall affect any other default or breach, or cover any other pe riod of time, other than any default or breach and/or period of time specified. Al l of the remedies permitted or available to a party under this AGREEMENT, or at l aw or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with resp ect to any other permitted or available right of remedy.
17. CONFLICT OF INTEREST
CONSULTANT is unaware of any CITY employee or official that has a financial interest in CONSULTANT'S business. During the term o f this AGREEMENT and/or as a result of being awarded this AGREEMENT, CONSULTANT shall not offer, encourage, or accept any financial interest in CONSULTANT'S business by any CITY employee or official.
18. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this AGREEMENT shall be construed as a whole according to its common meaning of purpose of providing a publi c benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purpo ses of the parties.
Wherever required by the context, the singular shall include th e plural and vice versa, and the masculine gender shall include the feminine or n eutral genders or vice versa.
19. MITIGATION OF DAMAGES
In all situations arising out of this AGREEMENT, the parties sh all attempt to avoid and minimize the damages resulting from the conduct of the other party.
20. GOVERNING LAW
This AGREEMENT, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the Sta te of California.
Should litigation occur, venue shall be in Superior Court of Sa nta Barbara County.
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21. NONDISCRIMINATION
CONSULTANT shall not discriminate on the basis of race, color, gender, gender identity/expression, pregnancy, sexual orientation, disa bility, marital status, or any other characteristic protected under applicable federal or state law.
22. TAXPAYER IDENTIFICATION NUMBER
CONSULTANT shall provide CITY with a complete Request for Taxpa yer Identification Number and Certification, Form W-9 (Rev. October 2018), as issued by the Internal Revenue Service.
23. NON-APPROPRIATION OF FUNDS
Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY funds. In the event CITY ha s not appropriated sufficient funds for payment of CONSULTANT service s beyond the current fiscal year, this AGREEMENT shall cover only those cost s incurred up to the conclusion of the current fiscal year.
24. MODIFICATION OF AGREEMENT
The tasks described in this AGREEM ENT and all other terms of th is AGREEMENT may be modified only upon mutual written consent of C ITY and CONSULTANT.
25. USE OF THE TERM “CITY”
Reference to “CITY” in this AGREEMENT includes City Manager or any authorized representative acting on behalf of CITY.
26. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain duri ng the term of this AGREEMENT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this AGREEMENT.
27. CAPTIONS
The captions or headings in this AGREEMENT are for convenience only and in no other way define, limit or describe the scope or inte nt of any provision or section of the AGREEMENT.
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28. AUTHORIZATION
Each party has expressly authorized the ex ecution of this AGREEMENT on its behalf and bind said party and its respective administra tors, officers, directors, shareholders, divisions, subsidiaries, agents, emplo yees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this AGREEMENT.
29. ENTIRE AGREEMENT BETWEEN PARTIES
Except for CONSULTANT'S proposals and submitted representations for obtaining this AGREEMENT, this AGREEMENT supersedes any other agreements, either oral or in writing, between the parties here to with respect to the rendering of services and contains all of the covenants and agreements between the parties with respect to said services.
30. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of compet ent jurisdiction to be invalid, void or unenforceable, the remainin g provisions will nevertheless continue in full force without being impaired or i nvalidated in any way.
31. NOTICES
Any notice required to be given hereunder shall be deemed to ha ve been given by depositing said notice in the United States mail, post age prepaid, and addressed as follows:
TO CITY: Attention: Michelle Greene, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO CONSULTANT: Attentio n: Kenneth Eckman,
Willdan Engineering
13191 Crossroads Parkway, North Suite 405
Industry CA 91746
32. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES
This Agreement may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.
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In concurrence and witness whereof , t h i s A G R E E M E N T h a s b e e n executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
________________________ ______________________
Michelle Greene, City Manager Vanessa Munoz, President
A T T E S T
_____________________________ __________________________ Deborah Lopez, City Clerk Kim Early, Chief Financial Officer
APPROVED AS TO FORM:
MEGAN GIRABALDI, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
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EXHIBIT A
SCOPE OF SERVICES
¾ The services to be performed by CONSULTANT included but are no t limited to: Provide an interim code compliance officer to engage the pu blic in securing compliance with the City of Goleta Municipal Code as d irected. The officer will investigate code compliance issues as reported, in put information regarding results of investigations in city data base, interact with City staff to interpret codes and resolve cross department code compliance is sues, issue administrative citations or other enforcement mechanisms as dir ected. If necessary, appear and testify and other wise present evidence i n an enforcement proceeding.
¾
¾ Other duties as determined necessary to implement the role of Code Compliance Officer.
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EXHIBIT B
HOURLY RATE
Position Currentl y Held by R ate
Temporary Code
Compliance Officer
Lawson Lin $70/hour
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Amendment No. 1 to Agreement No. 2022-043
AMENDMENT NO. 1
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
WILLDAN ENGINEERING
This Amendment No. 1 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation ( “City”) and Willdan Engineering , a corporation (“Consultant”) dated May 9, 2022 (“Agreement,” Agreement No. 2022-043), is made on this _______day of _______ 2022.
SECTION A. RECITALS
1. This Agreement is for the purpose of providing professional temporary code compliance services while the city recruits for permanent staff; and
2. The Agreement currently provides in Section 6 for the termin ation of the agreement on August 5, 2022; and
3. The parties desire to amend the Agreement so as to extend th e termination of the Agreement to September 5, 2022; and
4. The City Manager approves this Amendment No. 1, on this ____ _day of _______ 2022.
SECTION B. AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, an d hereby is, amended as follows:
1. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional thirty-one (31) days to read in its entirety.
The term of this Agreement is from the date first written above to September 5, 2022, unless the term of this Agreement is extended, or the Agr eement is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY’s Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.
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2. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.
In concurrence and witness whereof, this Amendment No. 1 has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
____________________________ ______________________________ Michelle Greene, City Manager Vanessa Munoz, President
A T T E S T :
_____________________________ ______________________________ Deborah Lopez, City Clerk K i m E a r l y , Chief Financial Officer
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
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