03.13 Building Div Plan Review Services1. SUBJECT
First Amendment to Consultant Services Agreement with Behrouz Azarvand to provide plan
review 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 plan check services for the Building Division.
3. RECOMMENDATION
Approve and authorize the Mayor and City Clerk to execute a first amendment to consultant
services agreement with Behrouz Azarvand, in the amount of $10,000.
4. FISCAL IMPACT
Funds in the amount of $10,000 are available in account 100.6031.51780.00000, Building
Inspection — Other Contractual Services.
5. STRATEGIC PLAN GOAL
Goal 4. Provide outstanding public service.
6. 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 plan check
services to maintain an adequate level of service. Staff recommends approval of proposed
agreement.
S. ATTACHMENT
• First Amendment to Consultant Services Agreement with Behrouz Azarvand
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 BEHROUZ AZARVAND, a sole proprietor and with
reference to the following:
A. The City and the Consultant entered into that certain Consultant Services Agreement
(Agreement No. 6426.A) dated as of November 29, 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 SIXTY THOUSAND and 00 /100 Dollars ($60,000.00). Section 2 of the
Original Agreement is hereby amended to provide for an increase of TEN THOUSAND and 00 /100
Dollars ($10,000.00) 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
SEVENTY THOUSAND and 00 /100 Dollars ($70,000.00) 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"
BEHROUZ AZARVAND, CITY OF ORANGE, a municipal corporation
a sole proprietor
*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.