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03.12 Building Div Field Inspection Services1. SUBJECT First Amendment to Consultant Services Agreement with The Code Group, Inc. to provide field inspection services for the Building Division of the Community Development Department. 2. SUMMARY A primary goal of the Community Development Department is to provide transparent, timely, and exemplary service to the community and those involved in the construction trade. Currently, the Building Division has multiple vacancies in building inspection, plan check, and counter support. This agreement will provide contract field inspection services for the Building Division. 3. RECOMMENDATION 7 Approve and authorize the Mayor and City Clerk to execute a first amendment to consultant services agreement with The Code Group, Inc., in the amount of $20,000. 4. FISCAL IMPACT Funds in the amount of $20,000 are available in account 100.6031.51780.00000, Building Inspection — Other Contractual Services. 5. STRATEGIC PLAN GOAL Goal 4. Provide outstanding public service. 16. GENERAL PLAN IMPLEMENTATION Economic Development Element Goal 3.0: Encourage economic development efforts through outreach and maintenance of a proactive business environment. 7. DISCUSSION and BACKGROUND The Building Division of the Community Development Department has several vacancies in building inspection, plan check, and counter support. Although multiple recruitments are currently underway, it may take several months to fill those vacancies with qualified staff. In addition to the staff vacancies, the City is experiencing a high volume of development activity that has increased the number of inspection requests to near record levels. The proposed agreement will assist during this busy period while the Building Division is not fully staffed by providing contract field inspection services to maintain an adequate level of service. Staff recommends approval of proposed agreement. 8. ATTACHMENT • First Amendment to Consultant Services Agreement with The Code Group, Inc. ITEM 2 6/12/18 FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT This First Amendment to Consultant Services Agreement (the "First Amendment ") is made and entered into as of , 2018, by and between the CITY OF ORANGE, a municipal corporation (the "City "), and THE CODE GROUP, INC., a California corporation ( "Consultant ") and with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement (Agreement No. 6459.A) dated as of December 12, 2017, which is incorporated herein by this reference (the "Original Agreement "); and B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement. NOW, THEREFORE, the parties hereby agree as follows: Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. Section 2. Cross - References. The City and Consultant agree that all references in this First Amendment are deemed and construed to refer to the Original Agreement, as implemented by this First Amendment. Section 3. Compensation. The total not -to- exceed compensation (exclusive of reimbursables) set forth in Section 2 of the Original Agreement for the services to be rendered thereunder was the sum of ONE HUNDRED EIGHTY THOUSAND and 00 /100 Dollars ($180,000.00). Section 2 of the Original Agreement is hereby amended to provide for an increase of TWENTY THOUSAND and 00 /100 Dollars ($20,000.00) in the total not -to- exceed compensation such that the Consultant's total compensation under the Original Agreement, as amended by this First Amendment shall not exceed TWO HUNDRED THOUSAND and 00 /100 Dollars ($200,000.00) without the prior authorization of the City. Section 4. Integration. This First Amendment, the agreements specifically referred to herein, and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect to the subject matter hereof. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties. [Remainder of page intentionally left blank; signatures on next page] IN WITNESS of this Agreement, the parties enter into this Agreement on the year and day first above written. "CONSULTANT" "CITY" THE CODE GROUP, INC., CITY OF ORANGE, a municipal corporation a California corporation *By: By: Printed Name: Teresa E. Smith, Mayor Title: *By: ATTEST: Printed Name: Title: Mary E. Murphy, City Clerk APPROVED AS TO FORM: Gary A. Sheatz Senior Assistant City Attorney *NOTE: If CONSULTANT is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice - President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.