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2022/09/21 ESGIL, LLC AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT FY 2021/22 ON-CALL BUILDING & SAFETY PLAN REVIEW SERVICES AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT FY 2021/22 ON-CALL BUILDING & SAFETY PLAN REVIEW SERVICES AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT FY 2021/22 ON-CALL BUILDING & SAFETY PLAN REVIEW SERVICES This is Amendment No. 2 (“Amendment No. 2”) to that certain Professional Services Agreement (“Agreement”) made on June 16, 2021 between the City of Menifee (“City”) and ESGIL, LLC (“Consultant”) for FY 2021/22 ON-CALL BUILDING & SAFETY PLAN REVIEW SERVICES which this Amendment No. 2 is made and entered into on ______________, 2022 to increase the compensation amount as indicated below: 1. Capitalized terms used but not defined in this Amendment No. 2 shall have the meanings ascribed to them in the Agreement. 2. SECTION 2, “Compensation” is amended to increase the maximum compensation by $111,325.00 (ONE HUNDRED ELEVEN TWENTY FIVE THOUSAND DOLLARS AND ZERO CENTS), and is amended to read as follows: SECTION 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $411,325.00 (FOUR HUNDRED ELEVEN THOUSAND THREE HUNDRED TWENTY FIVE DOLLARS AND ZERO CENTS) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person. 3. All other terms and conditions of the Agreement remain in full force and effect. 4. This Amendment No. 2 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page) DocuSign Envelope ID: E7CC9BE7-E2CE-43EF-9DA1-B859B12D1ABCDocuSign Envelope ID: 0ABC2662-F998-42E9-B9B3-CDB0F1DE1FBDDocuSign Envelope ID: 2E380CF9-1427-46BC-AE99-609683ACD64E September 21 AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT FY 2021/22 ON-CALL BUILDING & SAFETY PLAN REVIEW SERVICES CITY OF MENIFEE ESGIL, LLC _______________________________ _______________________________ Armando G. Villa, City Manager Paul Meschino, President Attest: ________________________________ David Kniff, Assistant Secretary _______________________________ Kay Vinson, Acting City Clerk Approved as to Form: _______________________________ Jeffrey T. Melching, City Attorney DocuSign Envelope ID: E7CC9BE7-E2CE-43EF-9DA1-B859B12D1ABCDocuSign Envelope ID: 0ABC2662-F998-42E9-B9B3-CDB0F1DE1FBDDocuSign Envelope ID: 2E380CF9-1427-46BC-AE99-609683ACD64E CITY OF MENIFEE SUBJECT: Agreement Amendment No. 2 with Esgil, LLC for as Needed Plan Review Services MEETING DATE: September 21, 2022 TO: Mayor and City Council PREPARED BY: Margarita Cornejo, Deputy Finance Director REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager ------------------------------------------------------------------------------------------------------------------------------- RECOMMENDED ACTION 1. Approve Amendment No. 2 to the existing agreement for Esgil, LLC to increase by a not-to exceed amount of $111,325, for a revised total contract amount not-to-exceed $411,325 for as needed plan review services. DISCUSSION The City’s Building & Safety Department utilizes professional consultants to provide supplementary plan review services on an as needed basis. Accordingly, at the June 16, 2021, City Council meeting, a professional services agreement in the amount not-to-exceed $150,000 for as needed plan review services for the fiscal year 2021/22 period was approved. Subsequently, based on the increased building activity experienced during the year, Amendment No. 1 for an additional $150,000 was approved and executed on April 6, 2022. Esgil, LLC provides a wide range of municipal consulting services, including plan review services to municipal agencies, including the City of Menifee. In the last year, including the first half of fiscal year 2021/22, development and construction activity within the City has remained consistent when compared to previous fiscal years. Additionally, solar activity has significantly increased, thereby increasing the volume of plan reviews that are sent to Esgil, LLC. Upon review of the current need for plan review services and projected needs for the balance of fiscal year 2021/22, staff is recommending a second amendment to the existing professional services agreement with Esgil in the not-to-exceed amount of $111,325, for a total revised contract amount not-to-exceed $411,325. All other terms of the agreement, including scope of services and term of services would remain the same. DocuSign Envelope ID: 2E380CF9-1427-46BC-AE99-609683ACD64E City of Menifee Staff Report Amendment No. 2 Esgil. LLC (Interwest) Professional Services Agreement September 21, 2022 Page 2 of 2 STRATEGIC PLAN OBJECTIVE Responsive and Transparent Community Government FISCAL IMPACT The proposed amendment with Esgil, LLC is $111,325. With Amendment No. 2, the total contract amount with Esgil would be $411,325. The costs associated with Amendment No. 2 would be funded through available funds within the Building & Safety Department’s fiscal year 2021/22 budget, under Account No. 100-4331-52800 (Professional Services). No additional budget requests or appropriations are required for this contract amendment. ATTACHMENTS 1. Amendment No. 2 2. Amendment No. 1 3. Professional Services Agreement DocuSign Envelope ID: 2E380CF9-1427-46BC-AE99-609683ACD64E