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CONTRACT 5169B Amendment CLOSED Agreement No. 51696 Agreement No. 5169B SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND STEVE KOESTER dba KOESTER ENVIRONMENTAL COMPLIANCE SERVICES This Second Amendment is entered into this 12"' day of December, 2017, by and between the CITY OF EL SEGUNDO, a municipal corporation and general law city("CITY")and STEVE KOESTER dba KOESTER ENVIRONMENTAL COMPLIANCE SERVICES ("CONSULTANT"). 1. The term of the Agreement is extended from January 01, 2018 to September 30, 2018. 2. The parties also desire to amend the Agreement to increase the total amount of the Agreement by $50,000, so that the total, not-to-exceed amount of the Agreement is $260,000. 1 This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 4. Except as modified by this Amendment, all other terms and conditions of Agreement No. 5169 remain the same. [Signatures on next page] -1- Agreement No. 51696 Agreement No. 5169B IN WITNESS WHEREOF the parties hereto have executed this Amendment the day and year first hereinabove written. CITY OF EL SEGUNDO KOESTER ENVIRONMENTAL COMPLIANCE SERVICES Gr C, enter, Steve Koester Za r CJ�Manager President&Principal Environmental Scientist A`1`711i',§5T.. ... Taxpayer ID No. ra� Wer, ...... .. Cler Ak, ................. APPROVED AS TO FORM: Mark D. Hensley, City Attorney -2- Agreement No. 51698 City of EI Segundo Fire Department December 12,2017 17KECS/ELSEGUNDODCT-02 Page 1 of 4 KOESTER ENVIRONMENTAL COMPLIANCE SERVICES 7 Glenn Phone: 949-517-8036 Irvine, CA 92620 City of EI Segundo Fire Department 12 December, 2017 314 Main Street KECS/ELSEGUNDODCT-02 EI Segundo, CA 90245 Attention: Christopher Donovan, Fire Chief SUBJECT: PROPOSAL FOR THE TEMPORARY OVERSITE OF THE EL SEGUNDO CUPA PROGRAM Dear Chief Donovan: Thank you for extending my contract to assist the City of EI Segundo's Fire Department with maintaining the environmental program for the City of EI Segundo. This proposal outlines the contract extension scope of work and estimated budget/costs, and is based on my discussions with you and Victor Morales, regarding your CUPA program needs. GENERAL SCOPE OF WORK Project Understanding and Scope To provide managerial services to the EI Segundo Fire Department for the Certified Unified Program Agency(CUPA). The services would be temporary, until all positions can be filled by permanent appointments and conclusion of the State CUPA Evaluation. The purpose of this hiring is to ensure the City of EI Segundo is meeting all CUPA program and reporting requirements. These services would include the management of the program data being collected through CERS as well as the City's DHD software system. To maintain the inspection schedules for all program businesses in order to meet the State's inspection frequency requirements. To ensure all CUPA fees are billed and collected. Conduct any enforcement actions on businesses that have met the criteria for enforcement. Work with the current staff to ensure the inspections are being conducted on schedule and all reporting requirements are being met. To provide additional training to the inspector on the various elements of the CUPA program, and to improve the employee's knowledge. Conduct inspections of businesses in the City of EI Segundo that require a senior inspector, such as Tiered Permit facilities, Cal ARP facilities, and APSA facilities. Maintain the budget for the CUPA program, giving regular updates to the Fire Chief and Victor Morales. KECS to assist the department with any requirements for the CUPA program. Agreement No. 51698 City of EI Segundo Fire Department December 12,2017 17KECS/ELSEGUNDODCT-02 Page 2 of 4 SCHEDULE The workweek would be flexible, with four days a week being the optimal schedule. Due to scheduled travel, most months would consist of three weeks of work, with one week off. The work schedule would not exceed 140 hours per month. BUDGET The work would be performed at an hourly rate of$115.00 per hour with a limit not to exceed $50,000 for the extension. The hourly rate does not include travel time and there will be no charges for mileage. EI Segundo Fire Department will supply the uniform for work, approved by the Chief. The terms of this agreement are good through the 2017/2018 fiscal year. Chief, I sincerely appreciate the opportunity to extend my services to you, and the City of EI Segundo. Please call me at 949-517-8036 should you have any questions regarding this proposal. On behalf of KECS, I look forward to my continued work with you and the City. Sincerely, Koester Environmental Compliance Services Steve Koester President & Principal Environmental Scientist Agreement No. 51696 City of EI Segundo Fire Department December 12,2017 17KECS/ELSEGUNDODCT-02 Page 3 of 4 PROJECT SPECIFIC CONDITIONS OF SERVICE KECS will perform the Services in accordance with the following Conditions of Service, which are incorporated into the contract documents by this reference. Note, KECS has and will continue to use all reasonable care to assure that assumptions used to prepare estimates of price and schedule are realistic,but schedule and cost will necessarily change if the assumptions prove to be inaccurate as a result of unforeseen or unpredictable events. KECS'Services are based strictly on the Scope of Work,which was established after negotiation between the parties, taking into consideration the time, budgetary and practical constraints inherent in consulting work. KECS advises that it is not reasonable to expect that the Scope of Work includes evaluation of every issue or condition which could be claimed or construed to be a violation of a requirement or a noncompliance issue in the event of,for example, a regulatory audit or inspection,and no such representation is made by KECS. KECS advises that regulatory requirements are often subject to interpretation,and that conditions and activities at a facility either after the time of a compliance review or during a regulatory inspection can affect regulatory agency conclusions regarding compliance issues. KECS shall not be alleged to negligent, nor will KECS be liable under this Agreement or otherwise for Services performed in accordance with standards of care and diligence utilized by those performing similar services at the time and in the vicinity in which the Services are performed 1. The scope of work is restricted to that which is outlined in this proposal 2. KECS warrants that it and/or its subcontractors will prepare and/or update the plans and programs referenced in this proposal in general accordance with applicable regulatory guidelines and "standard of practice" usually employed for these types of plans and programs. CLIENT understands and agrees that KECS has no operational or supervisory authority or oversight of Client's employees or contractors, and that, due to the variability in the type and condition of materials and equipment which may be present at CLIENT facilities, and the inherent variability in the performance of individuals, KECS and/or its subcontractors shall be held harmless by CLIENT from any and all losses or damage that may arise, including, but not limited to subsequent employee or equipment performance shortfalls, releases of regulated materials from covered processes and equipment, or facility actions in implementing the subject plans or programs. 3. KECS has assumed that no scheduling or other unforeseen difficulties in obtaining necessary data, diagrams, data or other information or meeting with key personnel will be encountered. If this assumption proves incorrect, this change in conditions may impact the budget and schedule. 4. CLIENT will provide access to the facility and will make arrangements, including internal scheduling, for access to all necessary buildings, departments, areas, etc. by personnel of KECS. KECS has assumed that there will be clear, immediate and ready access to all necessary areas at the facility. Any delays in accessing or entering facility areas could result in disruption of the Services, and may impact the schedule or budget. 5. CLIENT will provide a designated project manager who will be available to respond to information requests by KECS personnel during performance of the scope of work. 6. CLIENT will prepare, organize and provide copies, where requested, of all documentation relevant to this project. Any delays in obtaining copies of materials, or access to the facility or personnel, could result in substantial disruption of the work schedule and may necessitate additional time and an increase in schedule and project budget. 7. Where key management, staff and other CLIENT personnel's input would be pertinent to the Services, those persons will be identified and made available for onsite facility or telephone and program information collection activities, including field interviews. 8. CLIENT will be responsible for scheduling arrangements for all personnel who will participate in Agreement No. 51696 City of EI Segundo Fire Department December 12,2017 17KECS/ELSEGUNDODCT-02 Page 4 of 4 any requested training course(s). 9. For any training provided under this proposal, CLIENT will either provide the classroom facilities for the training, or will notify KECS at least one month in advance of the course schedule if KECS is to arrange outside facilities for training course(s). CLIENT will provide direct payment to the selected facility for services rendered. 10. CLIENT will be responsible for approving the final course curriculum for any training provided. 11. For any training provided under this proposal, participants will be expected to complete training course assignments and/or projects where requested, as part of the requirements of course completion and prior to receipt of completion certificates, if applicable. If training course(s) are to be a 'certificated' or'qualification' course, CLIENT agrees that a post-training test or exam will be administered and that a minimum passing score is required for an attendee to be considered 'certified' or'qualified'. It is the responsibility of CLIENT to determine the required minimum passing score to notify participants in advance of these requirements. 12. Unless stated and arranged otherwise for specific courses, for any training provided under this proposal, training course(s) are designed and will be presented in English. Students will be expected to be able read and understand English. As the information provided in training course(s) may have an impact on the health and safety of employees, as well as the regulatory compliance of CLIENT, CLIENT will be solely responsible for ensuring that all participants can understand the material presented. Should a translator be required, CLIENT shall make all arrangements for such services. KECS will provide Spanish language training and training materials as part of the Services upon request. 13. Training course content for any training provided under this proposal will be based on the following: current applicable regulatory guidelines as set forth in applicable sections of the California Code of Regulations, Code of Federal Regulations, applicable internal CLIENT plans and programs and "standard of practice"for course content typically included in such training; and, the experience and judgment of KECS and/or any of its subcontractors in conducting this type of training. 14. For any training provided under this proposal, KECS warrants that it and/or its subcontractors will prepare and teach training course(s) in general accordance with applicable regulatory guidelines and "standard of practice" usually employed for this type of training. CLIENT understands and agrees that KECS has no operational or supervisory authority or oversight of Client's employees, and that, due to the variability in the type and condition of materials which may be present or generated as wastes at CLIENT facilities, and the inherent variability in the performance of individuals, KECS and/or its subcontractors shall be held harmless by CLIENT from any and all losses or damage that may arise, including, but not limited to subsequent employee performance shortfalls or activities exceeding the scope of training delivered.