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Item 9 - CONSIDERATION OF RATIFICATION OF EXPENDITURES FOR FIRE PREVENTION PLAN CHECK FEES, APPROVAL OF AMENDMENTS TO AGREEMENTS WITH KJ CONSULTANTS AND MAK FIRE PROTECTION, AND APPROVAL OF A RESOLUTION AMENDING THE FY2021-22 BUDGETAGENDA ITEM NO.9 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: July 19, 2022 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF RATIFICATION OF EXPENDITURES FOR FIRE PREVENTION PLAN CHECK FEES, APPROVAL OF AMENDMENTS TO AGREEMENTS WITH KJ CONSULTANTS AND MAK FIRE PROTECTION, AND APPROVAL OF A RESOLUTION AMENDING THE FY2021-22 BUDGET RECOMMENDATION: It is recommended that the City Council take the following actions: 1. Ratify expenditures for MAK Fire Protection Engineering & Consulting Inc. and Susan Privitera-Johnson dba KJ Consultants for Fire Prevention plan check services. 2. Approve and authorize the City Manager to execute the Third Amendment to the Professional Services Agreement (Agreement) with MAK Fire Protection Engineering & Consulting Inc. for Fire Prevention plan check services. 3. Approve and authorize the City Manager to execute the Second Amendment to the Professional Services Agreement (Agreement) with Susan Privitera-Johnson dba KJ Consultants for Fire Prevention plan check and inspection services. 4. Adopt the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022 (FIRE PLAN CHECK FEES) BACKGROUND: The Fire Prevention Bureau of the Fire Department conducts plan check services for all construction projects within the City. Projects are reviewed to ensure compliance with the California Fire Code, California Building Code, and California Health & Safety Code. Due to reductions in staffing in the Fire Prevention Bureau, the City hires consultants to provide plan check services for submitted construction projects. This has resulted in savings to the City by having consultants, paid by permit fees, to review plans rather than hiring full-time staff to review plans. On October 20, 2020, the City Council authorized professional Services Agreements with three consulting firms; Susan Privitera-Johnson dba KJ Consultants, MAK Fire Protection Engineering & Consulting Inc., and PE Consulting Group. The Fire Department has been utilizing the services of MAK and KJ without issues. PE was unable to conform to City's insurance requirements and services have not been rendered. MAK and KJ have been able to handle the workload without issue other than annual compensation limits are low and need to be amended. DISCUSSION: The annual cost amount for each consultant for plan check services is hard to predict as the workload is determined by the number of submitted construction projects per year. The annual cost varies; however, 100% of the consultant costs are charged to the applicant. There is no burden on the Fire Department budget since it is a pass through fee. The consultants are paid according to a fee schedule; however, the City's demand for fire prevention plan check permits has reached each consultant's compensation limit. To continue necessary plan reviews, staff has engaged the consultants beyond the limits. As expenditures are offset by revenue, the proposed amendments would remove the compensation limit, so it will not impede the City's ability to have the consultants continue to process fire prevention plan checks. As more permits are issued or plan checked, the more fees that will be received. All increase of costs will be covered with the increase of revenue. LEGAL REVIEW: The City Attorney's Office has reviewed the resolution and amendments and approved them as to form. OPTIONS: The City Council has the following options: 1. Approve staff's recommendation; or 2. Provide alternative direction. Prepared by: Vince Capelle, Fire Chief Fiscal Impact FISCAL IMPACT: Expenditures for Fire Prevention plan check services are passed through to the applicant through plan check fees. Fiscal year to -date, the city has received over $363,000 in revenue for fire plan check and inspections fees. The current budget for this revenue is $242,000, leaving an overage of $121,000. An additional $45,000 is needed to pay for these plan check services which is within the $121,000. Therefore, there is a net -zero impact to the General Fund. Account No. Account Name FY2022-23 Budget Proposed Amendment 11 Amended Budget Revenue 110.32.4630 Fire Plan Check/Insp. Fees $242,000 $45,000 $287,000 Expenditures 110.32.3230.6110 Professional Services $62,750 $45,000 $107,750 Revenue Less Expenditures $179,250 $0 $179,250 Attachments Attachment No. 1 - Resolution No. 2022-78 Attachment_No._2_-_PSA_with_KJ_Consu Itants Attachment_No._3_-_Fi rst_Amendment_to_PSA_KJ_Consu Itants Attachment No. 4 - Second Amendment - KJ Consultants Attachment_No._5_-_PSA_MAK_Fi re_Protection_Eng i neeri ng_and_Consulti ng_I nc. Attachment_No._6= _First_Amendment_to_PSA_MAK_Fire_Protection_Engineering_and_Consulting Attachment — No.— 7 — Second — Amendment — ttachment_No._7_Second_Amendment_ to_PSA_MAK_Fire _Protection_E ng in eering_an d_Con su Iti ng Attachment No. 8 - Third Amendment to PSA MAK Fire Protection Consulting CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety A Well -Planned Community Expand Economic Development Opportunities ATTACHMENT NO. 1 RESOLUTION NO.2022-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022 (FIRE PLAN CHECK FEES) WHEREAS, the City Manager, on or about May 18, 2021, submitted to the City Council a proposed budget for the appropriation and expenditure of funds for the City for West Covina for Fiscal Year 2021-22; and WHEREAS, following duly given notice and prior to budget adoption, the City Council held public meetings, considered and evaluated all comments, and on June 15, 2021 adopted a budget for the fiscal year commencing July 1, 2021 and ending June 30, 2022; and WHEREAS, amendments must periodically be made to the budget to conform to changed circumstances following adoption of the budget. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves Budget Amendment No. 84, attached hereto as Exhibit A, for Fiscal Year 2021-22. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately. APPROVED AND ADOPTED this 19th day of July, 2022. APPROVED AS TO FORM Thomas P. Duarte City Attorney Dario Castellanos Mayor ATTEST Lisa Sherrick Assistant City Clerk I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2022-78 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 19th day of July, 2022, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk EXHIBIT A BUDGET AMENDMENT Exhibit "A" CITY OF WEST COVINA BUDGET AMENDMENT BA # 084 Posted By: Date Posted: Date: 7/5/2022 Fiscal Year: 2021-2022 Requested by: Vincent Capelle Amount: $45,000.00 Dept/Div: Fire Department Description: Plan check review Account Number Dept/Account Description Current Budget Proposed Amendment Amended Budget 110.32.3230.6110 Professional Services $ 62 750.00 $ 45 000.00 $ 107 750.00 REVENUES Account Number Account Description Current Budget ropose Amendment Amended Budget 110.32.4630 Fire Plan Check/Insp. Fees 242 000.00 45 000.00 287 000.0 REASON/JUSTIFICATION (Please be specific) Pass thru fees to cover expenditures of fire prevention sprinkler plan review. APPROVALS City Council Approval Date (if required, attach minutes): 7/19/2022 ❑ Approval Not Required Dept Head Approval: Date: Finance Director: Date: Funds Available? ❑ Yes oNo City Manager: Date: (if over $100,000) i Approved i i Denied ATTACHMENT NO.2 CITY OF WEST COVINA PROFESSIONAL SERVICES AGREEMENT WITH SUSAN PRIVITERA-JOHNSON DBA KJ CONSULTANTS FOR PLAN CHECK SERVICES FOR THE FIRE DEPARTMENT THIS AGREEMENT is made and entered into as of the 1st day of October, 2020 ("Effective Date'), by and between the CITY OF WEST COVINA, a municipal corporation ("City"), and SUSAN PRIVITERA-JOHNSON, an individual DBA KJ CONSULTANTS ("Consultant'). WITNESSETH: A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to City to provide plan check and inspection services for the West Covina Fire Department, as more fully described herein; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated, except that if Consultant is required to but does not yet hold a City business license, it will promptly obtain a business license and will not provide services to the City until it has done so; and C. WHEREAS, City and Consultant desire to contract for the specific services described herein and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide the following professional services: (a) Consultant shall perform engineering services for the City of West Covina Fire Department, including plan check review for new construction and remodeled plans, as requested by the City. Review is to ensure that all plans submitted to the City of West Covina Fire Prevention Bureau meet all applicable fire and life safety requirements as outlined in Federal, State, and local laws, codes, and regulations. (b) Consultant must ensure that all plan reviews are completed and returned to the Fire Prevention Bureau within seven (7) days of Susan Privitera-Johnson dba KJ Consultants Form Revised April 2020 Consultant's receipt or forty-eight (48) hours from receipt for expedited services. (c) Field inspection services, as requested by the City. (d) Consultant will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by the City, necessary or proper to perform and complete the work and provide the professional services required of Consultant by this Agreement. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. City officers and employees shall not be liable at law or in equity for any claims or damages occurring as a result of failure of the Consultant to comply with this section. 1.3. Performance to Satisfaction of Citv. Consultant agrees to perform all the work to the reasonable satisfaction of the City. Evaluations of the work will be conducted by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: (a) Meet with Consultant to review the quality of the work and resolve the matters of concern; (b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. 1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical or mental disability, medical condition, Susan Privitera-Johnson dba KJ Consultants Form Revised April 2020 genetic information, pregnancy, marital status, sex, gender, gender identity, gender expression, sexual orientation, or military or veteran status, except as permitted pursuant to Section 12940 of the Government Code. 1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.7. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 1.8 Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the court. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit 'A" attached hereto and made a part of this Agreement (the "Fee Schedule"). Consultant's annual compensation shall not exceed Thirty Thousand Dollars ($30,000.00). 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal unless the City, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the Scope of Services, an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or to the maximum total contract amount of $25,000, whichever is greater. The Department Head or City Manager is authorized to approve a Change Order for such additional services. 2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than once a month. Said invoice shall be based on the total of Susan Privitera-Johnson dba KJ Consultants Form Revised April 2020 all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services' and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after the termination or expiration of this Agreement. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. Unless otherwise agreed to by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of one (1) year, ending on September 30, 2021, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. Thereafter, this Agreement may be extended for a maximum of four (4) successive one (1) year periods. Such extensions, if any, will be evidenced by a written amendment to this Agreement. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and Susan Privitera-Johnson dba KJ Consultants Form Revised April 2020 without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement. The City also shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should: a. Be adjudged a bankrupt; b. Become insolvent or have a receiver of its assets or property appointed because of insolvency; C. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement; e. Suffer anyjudgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the effective date of the City's written notice of termination, within forty-five (45) days after the effective date of the notice of termination or the final invoice of the Consultant, whichever occurs last. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. 4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of the effective date of the notice of termination, at no cost to City. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company authorized to do business in California, with a current A.M. Best's rating of no less than A:VII, and approved by City: (a) Broad -form commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than Two Million Dollars ($2,000,000.00), combined single limits, per occurrence. If such insurance contains a Susan PriviteraJohnson dba KJ Consultants Form Revised April 2020 general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per accident for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. By execution of this Agreement, the Consultant certifies as follows: I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work. The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence or claim, and Two Million Dollars ($2,000,000.00) aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made' policy, the retroactivity date shall be prior to the start of the work set forth herein. Consultant shall obtain and maintain said E&O liability insurance during the life of this Agreement and for five (5) years after completion of the work hereunder. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the effective date of this Agreement, Consultant shall purchase "extended reporting" coverage for a minimum of five (5) years after completion of the work. If the Consultant maintains higher limits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to the higher limits Il Form Revised April 2020 Susan Privitera-Johnson dba KJ Consultants maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain, the following provisions: (a) Additional Insureds: The City of West Covina and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. (b) Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (c) Primary Coverage: The Consultant's insurance coverage shall be primary insurance as respects the City of West Covina, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of West Covina shall be excess and not contributing with the insurance provided by this policy. (d) Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of West Covina, its officers, officials, agents, employees, and volunteers. (f) Coverage Applies Separately: The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and Susan Privitera-Johnson dba KJ Consultants Form Revised April 2020 content approved by City, prior to performing any services under this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. 6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Key Personnel. It is the intent of both parties to this Agreement that Consultant shall make available the professional services of Kurt Johnson, who shall coordinate directly with City. Any substitution of key personnel must be approved in advance in writing by City's Representative. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, Email or by U.S, mail. If by U.S. mail, it shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by Email; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: IF TO CITY: KJ Consultants City of West Covina 12340 Seal Beach Blvd. Suite B-131 1444 West Garvey Ave. South Seal Beach, CA 90740 West Covina, CA 91790 Tel: (562) 600-0122 Tel: (626) 939-8830 Email: kurt@kjconsultants.net Email: vcapelle@westcovina.org Attn: Kurt Johnson Attn: Vincent Capelle, Fire Chief 6.5. Attorneys' Fees. If litigation is brought by any party in connection with this Susan Privitera-Johnson dba KJ Consultants Form Revised April 2020 Agreement against another party, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California. 6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect. 6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the W Form Revised April 2020 Susan Privitera-Johnson dba KJ Consultants services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents. 6.13. Electronic Safeguards. Consultant shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information that could result in the unauthorized disclosure, misuse, alteration, destruction or other compromise of the information. 10 Form Revised April 2020 Susan Privitera-Johnson dba KJ Consultants Contractor shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment. 6.14. Economic Interest Statement. Consultant hereby acknowledges that pursuant to Government Code Section 87300 and the Conflict of Interest Code adopted by City, Consultant is designated in said Conflict of Interest Code and is therefore required to file an Economic Interest Statement (Form 700) with the City Clerk, for each employee providing advice under this Agreement, prior to the commencement of work, unless waived by the City Manager. 6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services underthis agreement, including, but not limited to, the Political Reform Act of 1974 (Government Code Section 81000, et seq.) and Government Code Sections 1090-1092. Consultant covenants that none of Consultant's officers or principals have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of the services hereunder, including in any manner in violation of the Political Reform Act. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be used by Consultant as an officer, employee, agent, or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City prior to the completion of the work under this Agreement. 6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 11 Form Revised April 2020 Susan Privitera-Johnson dba KJ Consultants 6.21. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.22. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.24. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. Counterpart written signatures may be transmitted by facsimile, email or other electronic means and have the same legal effect as if they were original signatures. 6.25. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. 6.26 Taxpayer Identification Number. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W9, as issued by the Internal Revenue Service. [SIGNATURE PAGE FOLLOWS.] 12 Form Revised April 2020 Susan Privitera-Johnson dba KJ Consultants IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF WEST COVINA, A municipal corporation ni David Car any City Manager CONSULTANT Susan Privitera hnson Owner ATTEST: . A \ Clerk APPROV S TO FORM: Tho as P. arte City Attorney APPROVED AS TO INSURANCE: elm Human Resources and Risk Management Director Date: //-2-2v Date: I 1 D 2- Zd 2-6 Date: 1II�2� 13 Susan Privitera-Johnson dba KJ Consultants Form Revised April 2020 EXHIBIT A FEE SCHEDULE West Covina Fire Department Consultant Fire Plan Check Inspection— Fee Schedule Fees Include the following: Architectural/Tenant Improvement Fire Sprinkler Fire Alarm Fire Extinguishing Systems Sprinkler underground A. PLAN CHECK FEES: $70.00 per hour (or portion thereof) A. Minimum 2 hours B. Travel Time $35.00 per hour (minimum 1 hour per trip) C. Expedite $150.00 + hourly rate D. Shipping rate -Actual rate E. Initial submittal includes one free re -check 1. Excludes travel time fee 2. Excludes Expedite fee 3. Excludes Shipping rate fee -Actual rate F. Recheck/Resubmittal actual hourly costs 1. Excludes travel time fee 2. Excludes Expedite fee 3. Excludes Shipping rate fee -Actual rate B. FIELD INSPECTION FEES: $100.00 per hour (or portion thereof) A. Minimum 2 hours B. Travel Time $35.00 per hour (minimum 1 hour per trip) ATTACHMENT NO.3 FIRST AMENDMENT TO CITY OF WEST COVINA PROFESSIONAL SERVICES AGREEMENT WITH SUSAN PRIVITERA-JOHNSON DBA KJ CONSULTANTS FOR PLAN CHECK SERVICES FOR THE FIRE DEPARTMENT THIS FIRST AMENDMENT ("Amendment') is made and entered into as of August 1, 2021 ("Effective Date") by and between the CITY OF WEST COVINA, a municipal corporation (`City"), and SUSAN PRIVITERA-JOHNSON, an individual DBA KJ CONSULTANTS ("Consultant'). WHEREAS, City and Consultant entered into a Professional Services Agreement dated October 1, 2020 for Consultant to provide plan check and inspection services for the West Covina Fire Department ("Original Agreement'); and WHEREAS, Section 4.1 of the Original Agreement provides for an initial term of one (1) year, ending September 30, 2021, with the option for City and Consultant to extend the term for up to four (4) additional one (1) year periods; and WHEREAS, City and Consultant now desire to extend the term for one (1) year, through September 30, 2022. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: The term of the Original Agreement shall be extended through September 30, 2022. 2. All terms not defined herein shall have the same meaning and use as set forth inthe Original Agreement. 3. All other terms, conditions, and provisions of the Original Agreement shall remainin full force and effect. [SIGNATURE PAGE FOLLOWS.] Susan-Privitera-Johnson dba KJ Consultants Amendment One IN WITNESS WHEREOF, City and Consultant have executed this Amendment as of the date set forth above. CITY OF WEST COVINA David Carmalhy City Manager ATTEST: - 1&&oe-k Lisa She ck Assists City Clerk APPROVED OFORM: Thomas P. D arte City Attorney CONSULTANT , 1/u4 Y. Owner Susan Privitera-Johnson dba KJ Consultants ATTACHMENT NO.4 SECOND AMENDMENT TO CITY OF WEST COVINA PROFESSIONAL SERVICES AGREEMENT WITH SUSAN PRIVITERA-JOHNSON DBA KJ CONSULTANTS FOR PLAN CHECK SERVICES FOR THE FIRE DEPARTMENT THIS SECOND AMENDMENT ("Amendment") is made and entered into as of July 19, 2022 ("Effective Date") by and between the CITY OF WEST COVINA, a municipal corporation ("City"), and SUSAN PRIVITERA-JOHNSON, an individual DBA KJ CONSULTANTS ("Consultant"). WHEREAS, City and Consultant entered into a Professional Services Agreement dated October 1, 2020 for Consultant to provide plan check and inspection services for the West Covina Fire Department ("Original Agreement"); and WHEREAS, Section 4.1 of the Original Agreement provides for an initial term of one (1) year, ending September 30, 2021, with the option for City and Consultant to extend the term for up to four (4) additional one (1) year periods; and WHEREAS, City and Consultant extended the term of the Original Agreement through September 30, 2022 through the First Amendment to the Original Agreement, dated August 1, 2021; and WHEREAS, City and Consultant now desire to amend Section 2.1 of the Original Agreement as set forth herein. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Section 2.1 of the Original Agreement shall be amended to read as follows: 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit 'A," attached hereto and made a part of this Agreement (the "Fee Schedule"). 2. All terms not defined herein shall have the same meaning and use as set forth in the Original Agreement. 3. All other terms, conditions, and provisions of the Original Agreement shall remain in full force and effect. [SIGNATURE PAGE FOLLOWS.] Susan-Privitera-Johnson dba KJ Consultants Second Amendment IN WITNESS WHEREOF, City and Consultant have executed this Amendment as of the date set forth above. CITY OF WEST COVINA David Carmany City Manager ATTEST: Lisa Sherrick Assistant City Clerk APPROVED AS TO FORM: Thomas P. Duarte City Attorney APPROVED AS TO INSURANCE: Helen Tran Human Resources and Risk Management Director CONSULTANT Susan Privitera-Johnson Owner 2 Susan-Privitera-Johnson dba KJ Consultants Second Amendment ATTACHMENT NO.5 CITY OF WEST COVINA PROFESSIONAL SERVICES AGREEMENT WITH MAK FIRE PROTECTION ENGINEERING AND CONSULTING, INC. FOR PLAN CHECK SERVICES FOR THE FIRE DEPARTMENT THIS AGREEMENT is made and entered into as of the 1 st day of July, 2020 ("Effective Date"), by and between the CITY OF WEST COVINA, a municipal corporation ("City"), and MAK FIRE PROTECTION ENGINEERING & CONSULTING, INC., a California corporation ("Consultant'). WITNESSETH: A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to City to provide plan check services for the West Covina Fire Department, as more fully described herein; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated, except that if Consultant is required to but does not yet hold a City business license, it will promptly obtain a business license and will not provide services to the City until it has done so; and C. WHEREAS, City and Consultant desire to contract for the specific services described herein and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. E. WHEREAS, City and Consultant intend and desire that this Agreement be effective retroactive to the Effective Date. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide the following professional services: (a) Consultant shall perform engineering services for the City of West Covina Fire Department, including plan check review for new construction and remodeled plans, as requested by the City. Review is to ensure that all plans submitted to the City of West Covina Fire Prevention Bureau meet all applicable fire and life safety requirements as outlined in Federal, State, and local laws, codes, MAK Fire Protection Engineering and Consulting, Inc. Form Revised April 2020 and regulations. (b) Consultant must ensure that all plan reviews are completed and returned to the Fire Prevention Bureau within fourteen (14) days of Consultant's receipt or seven (7) days from receipt for expedited services. (c) Consultant will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by the City, necessary or proper to perform and complete the work and provide the professional services required of Consultant by this Agreement. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. City officers and employees shall not be liable at law or in equity for any claims or damages occurring as a result of failure of the Consultant to comply with this section. 1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the reasonable satisfaction of the City. Evaluations of the work will be conducted by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: (a) Meet with Consultant to review the quality of the work and resolve the matters of concern; (b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. 1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, MAK Fire Protection Engineering and Consulting, Inc. Form Revised April 2020 nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical or mental disability, medical condition, genetic information, pregnancy, marital status, sex, gender, gender identity, gender expression, sexual orientation, or military or veteran status, except as permitted pursuant to Section 12940 of the Government Code. 1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.7. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 1.8 Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the court. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A," attached hereto and made a part of this Agreement (the "Fee Schedule"). Consultant's annual compensation shall not exceed Fifteen Thousand Dollars ($15,000.00). 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal unless the City, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the Scope of Services, an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or to the maximum total contract amount of $25,000, whichever is greater. The Department Head or City Manager is authorized to approve a Change Order for such additional services. 2.3. Method of Billing. Consultant may submit invoices to the City for approval on a 3 MAK Fire Protection Engineering and Consulting, Inc. Form Revised April 2020 progress basis, but no more often than once a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after the termination or expiration of this Agreement. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. Unless otherwise agreed to by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall be effective retroactive to the Effective Date and continue for a period of one (1) year, ending on June 30, 2021, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. Thereafter, this Agreement may be extended for a maximum of four (4) successive one (1) year periods. Such extensions, if any, will be evidenced by a written amendment to this Agreement. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and 4 MAK Fire Protection Engineering and Consulting, Inc. Form Revised April 2020 without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement. The City also shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should: a. Be adjudged a bankrupt; b. Become insolvent or have a receiver of its assets or property appointed because of insolvency; C. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement; e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the effective date of the City's written notice of termination, within forty-five (45) days after the effective date of the notice of termination or the final invoice of the Consultant, whichever occurs last. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. 4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of the effective date of the notice of termination, at no cost to City. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company authorized to do business in California, with a current A.M. Best's rating of no less than A:VII, and approved by City: (a) Broad -form commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than Two Million Dollars ($2,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall MAK Fire Protection Engineering and Consulting, Inc. Form Revised April 2020 be twice the required occurrence limit (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per accident for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. By execution of this Agreement, the Consultant certifies as follows: I am aware of, and will comply Code, requiring every employer Workers' Compensation or to commencing any of the work. with, Section 3700 of the Labor to be insured against liability of undertake self-insurance before The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence or claim, and Two Million Dollars ($2,000,000.00) aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retroactivity date shall be prior to the start of the work set forth herein. Consultant shall obtain and maintain said E&O liability insurance during the life of this Agreement and for five (5) years after completion of the work hereunder. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the effective date of this Agreement, Consultant shall purchase "extended reporting" coverage for a minimum of five (5) years after completion of the work. If the Consultant maintains higher limits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. MAK Fire Protection Engineering and Consulting, Inc. Form Revised April 2020 5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain, the following provisions: (a) Additional Insureds: The City of West Covina and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. (b) Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (c) Primary Coverage: The Consultant's insurance coverage shall be primary insurance as respects the City of West Covina, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of West Covina shall be excess and not contributing with the insurance provided by this policy. (d) Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of West Covina, its officers, officials, agents, employees, and volunteers. (f) Coverage Applies Separately: The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. MAK Fire Protection Engineering and Consulting, Inc. Form Revised April 2020 5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. 6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Key Personnel. It is the intent of both parties to this Agreement that Consultant shall make available the professional services of Mark Krikorian, who shall coordinate directly with City. Any substitution of key personnel must be approved in advance in writing by City's Representative. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, Email or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by Email; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: MAK Fire Protection Engineering & Consulting, Inc. 12130 Rahn Avenue Granada Hills, CA 91344 Tel: (818) 554-6058 Email: mak369@aol.com Attn: Mark Krikorian IF TO CITY: City of West Covina 1444 West Garvey Ave. South West Covina, CA 91790 Tel: (626) 939-8830 Email: vcapelle@westcovina.org Attn: Vincent Capelle, Fire Chief 6.5. Attorneys' Fees. If litigation is brought by any party in connection with this Agreement against another party, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of MAK Fire Protection Engineering and Consulting, Inc. Form Revised April 2020 any of the terms, conditions, or provisions hereof 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California. 6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect. 6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable 9 MAK Fire Protection Engineering and Consulting, Inc. Form Revised April 2020 worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 6.10. PERS Eliaibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents. 6.13. Electronic Safeguards. Consultant shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information that could result in the unauthorized disclosure, misuse, alteration, destruction or other compromise of the information. Contractor shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment. 6.14. Economic Interest Statement. Consultant hereby acknowledges that pursuant to 10 MAK Fire Protection Engineering and Consulting, Inc. Form Revised April 2020 Government Code Section 87300 and the Conflict of Interest Code adopted by City, Consultant is designated in said Conflict of Interest Code and is therefore required to file an Economic Interest Statement (Form 700) with the City Clerk, for each employee providing advice under this Agreement, prior to the commencement of work, unless waived by the City Manager. 6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act of 1974 (Government Code Section 81000, et seq.) and Government Code Sections 1090-1092. Consultant covenants that none of Consultant's officers or principals have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of the services hereunder, including in any manner in violation of the Political Reform Act. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be used by Consultant as an officer, employee, agent, or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City prior to the completion of the work under this Agreement. 6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.21. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.22. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a 11 MAK Fire Protection Engineering and Consulting, Inc. Form Revised April 2020 waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.24. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. Counterpart written signatures may be transmitted by facsimile, email or other electronic means and have the same legal effect as if they were original signatures. 6.25. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. 6.26 Taxpayer Identification Number. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W9, as issued by the Internal Revenue Service. [SIGNATURE PAGE FOLLOWS.] 12 Form Revised April 2020 MAK Fire Protection Engineering and Consulting, Inc. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF WEST COVINA, A municipal corporation M David CarrMny City Manager CONSULTANT IVIA.----�' Mark Krikorian Principal ATTEST: Lisa Sher cl 4AJ/Z'-Wjr— Assistan+Cj y Clerk APPROVED OFORM: ZIP >( Thoma -Duarfe City Attorney APPROVED AS TO INSURANCE: en Tran Human Resources and Risk Management Director Date: Date: Ib/Z7/Zv Date: 16 I it l kjz- D Date: � k' 3, I 2'c-� 13 MAK Fire Protection Engineering and Consulting, Inc. Form Revised April 2020 EXHIBIT A FEE SCHEDULE West Covina Fire Department Consultant Fire Plan Check Inspection— Fee Schedule Fees Include the following: Architectural/Tenant Improvement Fire Sprinkler Fire Alarm Fire Extinguishing Systems Sprinkler underground A. PLAN CHECK FEES: $70.00 per hour (or portion thereof) A. Minimum 2 hours B. Travel Time $35.00 per hour (minimum 1 hour per trip) C. Expedite $150.00 + hourly rate D. Shipping rate -Actual rate E. Initial submittal includes one free re -check l . Excludes travel time fee 2. Excludes Expedite fee 3. Excludes Shipping rate fee -Actual rate F. Recheck/Resubmittal actual hourly costs 1. Excludes travel time fee 2. Excludes Expedite fee 3. Excludes Shipping rate fee -Actual rate B. FIELD INSPECTION FEES: $100.00 per hour (or portion thereof) A. Minimum 2 horns B. Travel Time $35.00 per hour (minimum 1 hour per trip) ATTACHMENT NO.6 FIRST AMENDMENT TO CITY OF WEST COVINA PROFESSIONAL SERVICES AGREEMENT WITH MAK FIRE PROTECTION ENGINEERING AND CONSULTING, INC. FOR PLAN CHECK SERVICES FOR THE FIRE DEPARTMENT THIS FIRST AMENDMENT ("Amendment") is made and entered into as of June 30, 2021 ("Effective Date') by and between the CITY OF WEST COVINA, a municipal corporation ("City"), and MAK FIRE PROTECTION ENGINEERING AND CONSULTING, INC., a California corporation ("Consultant'). WHEREAS, City and Consultant entered into a Professional Services Agreement dated July 1, 2020 for Consultant to provide plan check services for the West Covina Fire Department ("Original Agreement"); and WHEREAS, Section 4.1 of the Original Agreement provides for an initial term of one (1) year, ending June 30, 2021, with the option for City and Consultant to extend the term for up to four (4) additional one (1) year periods; and WHEREAS, City and Consultant now desire to extend the term for one (1) year, though June 30, 2022. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: The term of the Original Agreement shall be extended through June 30, 2022. 2. All terms not defined herein shall have the same meaning and use as set forth in the Original Agreement. 3. All other terms, conditions, and provisions of the Original Agreement shall remain in full force and effect. [SIGNATURE PAGE FOLLOWS.] MAK Fire Protection Engineering and Consulting, Inc. IN WITNESS WHEREOF, City and Consultant have executed this Amendment as of the date set forth above. CITY OF WEST COVINA David Carma y City Manager ATTEST: APPROVE TO FORM: ot Thomas P. D arte City Attorney CON UJANT Mark Krikorian Principal MAK Fire Protection Engineering and Consulting, Inc. ATTACHMENT NO.7 SECOND AMENDMENT TO CITY OF WEST COVINA PROFESSIONAL SERVICES AGREEMENT WITH MAK FIRE PROTECTION ENGINEERING AND CONSULTING, INC. FOR PLAN CHECK SERVICES FOR THE FIRE DEPARTMENT THIS SECOND AMENDMENT ("Amendment') is made and entered into as of June 30, 2022 ("Effective Date") by and between the CITY OF WEST COVINA, a municipal corporation ("City"), and MAK FIRE PROTECTION ENGINEERING AND CONSULTING, INC., a California corporation ("Consultant'). WHEREAS, City and Consultant entered into a Professional Services Agreement dated July 1, 2020 for Consultant to provide plan check services for the West Covina Fire Department ("Original Agreement'); and WHEREAS, Section 4.1 of the Original Agreement provides for an initial term of one (1) year, ending June 30, 2021, with the option for City and Consultant to extend the term for up to four (4) additional one (1) year periods; and WHEREAS, City and Consultant extended the term of the Original Agreement through June 30, 2022 through the First Amendment to the Original Agreement, dated June 30, 2021; and WHEREAS, City and Consultant now desire to extend the term for one (1) additional year, though June 30, 2023. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: The term of the Original Agreement shall be extended through June 30, 2023. 2. All terms not defined herein shall have the same meaning and use as set forth in the Original Agreement. 3. All other terms, conditions, and provisions of the Original Agreement shall remain in full force and effect. [SIGNATURE PAGE FOLLOWS.] MAK Fire Protection Engineering and Consulting, Inc. Second Amendment IN WITNESS WHEREOF, City and Consultant have executed this Amendment as of the date set forth above. CITY OF WEST COVINA David Carma City Manager ATTEST: v Lisa Sherri Assistant ' y Clerk APP*De F RM: Tho City Attorney APPROVED AS TO INSURANCE: Human Resources and Risk Management Director CONSULTANT Mark Krikorian Principal MAK Fire Protection Engineering and Consulting, Inc. Second Amendment � , ® CERTIFICATE OF LIABILITY INSURANCE DATE MIOO/ (MMWDDtYYTY) 51z THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER COMPLETE EQUITY MARKETS INC CONTA NAME: PHONE Exth 847 541.0900 ac No: 847 541-0444 E-MAIL S 1190 Flex Court INSURERS AFFORDING COVERAGE NAIC# Lake Zurich, IL60047 INSURERA: Underwriters at Lloyd's, London License #: INSURED INSURER B : INSURER C: MAK Fire Protection Engineering INSURER D: & Consulting, Inc. INSURER E: 12130 Rahn Avenue INSURER F: Granada Hills CA 91344 COVSRAnee ePRTIPWATP MIIMRPR• REVISION NUMBER: 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 REQUIREMENT, TERM OR CONDITION 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 THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LT TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MMIDD/YYY POLICY EFF POLICYEXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2000000 CLAIMS -MADE � OCCUR DAM TO NTED PREMISES Ea6occu once $ 50,000 4-1 MED EXP An one person) $ 6,000 1 PERSONAL & ADV INJURY $ 2,000,000 A 1701463 3/1612022 3116/2023 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2000000 GENT. PRODUCTS -COMPIOPAGG $ 2000000 X POLICY PRO- LOC JECT $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ OWNED F I SCHEDULED AUTOS ONLY AUTOS HIRED NON OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE PereWtle $ E UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY IN ANY PROPRIETOWPARTNEMEXECUTIVE Y STATUTE ERH E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) NIA E.L. DISEASE -POLICY LIMIT $ If yes, describe under DE SCRIPTION OF OPERATIONS below Each Claim $1,000,000 A Professional Liability 94972 61112022 6/1/2023 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Subject to all policy terms, conditions, exclusions and endonemen s of each respective policy. City of West Covina, Ifs elected and appointed boards, olncers, olfide.. agenN and volunteers is an additional Insured but only per the terms & conditions of the endorsement generated for each respective policy and subject to all policy terms, conditions, exclusions and endorsements. PHmar,Mon�ontdbutory with 30-0ay Notice of Cancellation applies to the General Liability policy only. See pages 2 and 3 for additional infomlation. City of West Covina Its elected and appointed boards, officers, officials, agents and volunteers Attn: Mr. James Rudroff 1444 W Garvey Ave S West Covina, CA 91790 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. i ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD All rights reserved. ATTACHMENT NO.8 THIRD AMENDMENT TO CITY OF WEST COVINA PROFESSIONAL SERVICES AGREEMENT WITH MAK FIRE PROTECTION ENGINEERING AND CONSULTING, INC. FOR PLAN CHECK SERVICES FOR THE FIRE DEPARTMENT THIS THIRD AMENDMENT ("Amendment") is made and entered into as of July 19, 2022 ("Effective Date") by and between the CITY OF WEST COVINA, a municipal corporation ("City"), and MAK FIRE PROTECTION ENGINEERING AND CONSULTING, INC., a California corporation ("Consultant"). WHEREAS, City and Consultant entered into a Professional Services Agreement dated July 1, 2020 for Consultant to provide plan check services for the West Covina Fire Department ("Original Agreement"); and WHEREAS, Section 4.1 of the Original Agreement provides for an initial term of one (1) year, ending June 30, 2021, with the option for City and Consultant to extend the term for up to four (4) additional one (1) year periods; and WHEREAS, City and Consultant extended the term of the Original Agreement through June 30, 2022 through the First Amendment to the Original Agreement, dated June 30, 2021; and WHEREAS, City and Consultant extended the term of the Original Agreement through June 30, 2023, through the Second Amendment to the Original Agreement, dated June 30, 2022; and WHEREAS, City and Consultant now desire to amend Section 2.1 of the Original Agreement as set forth herein. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Section 2.1 of the Original Agreement shall be amended to read as follows: 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit 'A" attached hereto and made a part of this agreement (the "Fee Schedule"). 2. All terms not defined herein shall have the same meaning and use as set forth in the Original Agreement. 3. All other terms, conditions, and provisions of the Original Agreement shall remain in full force and effect. [SIGNATURE PAGE FOLLOWS.] MAK Fire Protection Engineering and Consulting, Inc. Third Amendment IN WITNESS WHEREOF, City and Consultant have executed this Amendment as of the date set forth above. CITY OF WEST COVINA CONSULTANT David Carmany City Manager ATTEST: Lisa Sherrick Assistant City Clerk APPROVED AS TO FORM: Thomas P. Duarte City Attorney APPROVED AS TO INSURANCE: Helen Tran Human Resources and Risk Management Director Mark Krikorian Principal MAK Fire Protection Engineering and Consulting, Inc. Third Amendment