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HomeMy WebLinkAboutContract 49627 CITY SECRETARY CONTRACT NO. PROFESSIONAL. SERVICES AGREEMENT West Coast Code Consultants.Inc This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by and through Fernando Costa, its duly authorized Assistant City Manager, and West Coast Code Consultants("Contractor"), a California Corporation, and acting by and through Chris Kimball,its duly authorized Vice-President, each individually referred to as a"party" and collectively referred to as the "parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Agreement for Professional Services 2. Exhibit A—Scope of Services; 3. Exhibit B—Price Schedule;and 4. Exhibit C-Verification of Signature Authority Form Exhibits A,B and C,which are attached hereto and incorporated herein,are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES. Contractor hereby agrees to perform overflow plan review of construction projects for compliance with the City's Codes for the Planning and Development Department("Services"). Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit "A," Scope of Services, more specifically describing the services to be provided hereunder. 2. TERM. This Agreement shall begin on August 29, 2017 ("Effective Date") and shall expire on August28, 2018 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). Following the Initial Term, there shall be four (4) one-year renewals at the City's sole option (each a "Renewal Term").The City shall provide Contractor with written notice of its intent to renew at least thirty (30)days prior to the end of each term. 3. COMPENSATION. The City shall pay Contractor in accordance with the fee schedule of the Contractor personnel who perform services under this Agreement in accordance with the provisions of this Agreement and Exhibit "B,"—Price Schedule.Total payment made under this Agreement for the first year by the City shall be in the amount up to but not to exceed Thirty Thousand Dollars($30,000.00).Contractor shall not perform any additional services or bill for actual expenses related to work for the City not specified by this Agreement unless the City requests and approves in writing the additional costs or expenses for such services. The City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless the City first approves such expenses in writing. OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Professional Service Agreement West Coast Code Consultants Inc. 4. TERMINATION. 4.1. Written Notice. The City or Contractor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date,the City shall pay Contractor for services actually rendered up to the effective date of termination and Contractor shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination. Upon termination ofthis Agreement for any reason, Contractor shall provide the City with copies of all completed or partially completed documents prepared under this Agreement. In the event Contractor has received access to City information or data as a requirement to perform services hereunder, Contractor shall return all City provided data to the City in a machine readable format or other format deemed acceptable to the City. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Contractor hereby warrants to the City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,Contractor hereby agrees immediately to make full disclosure to the City in writing. 5.2 Confidential Information. Contractor, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. 5.3 Unauthorized Access. Contractor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Contractor shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised, in which event, Contractor shall, in good faith, use all commercially reasonable efforts to cooperate with the City in identifying what information has been accessed by unauthorized means and shall fully cooperate with the City to protect such information from further unauthorized disclosure. Professional Service Agreement West Coast Code Consultants Inc. 6. RIGHT TO AUDIT. Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Contract at no additional cost to the City. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section.The City shall give Contractor reasonable advance notice of intended audits. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Contractor shall operate as an independent Contractor as to all rights and privileges and work performed under this agreement, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement,Contractor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, Contractors and subcontractor. Contractor acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Contractor, its officers, agents,employees,servants,Contractors and subcontractor. Contractor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that the City shall in no way be considered a Co-employer or a Joint employer of Contractor or any officers,agents,servants,employees or subcontractor of Contractor.Neither Contractor, nor any officers, agents, servants, employees or subcontractor of Contractor shall be entitled to any employment benefits from the City. Contractor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractor. 8. LIABILITY AND INDEMNIFICATION. 8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS,SERVANTS OR EMPLOYEES. 8.2 GENERAL INDEMNIFICATION- CONTRACTOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDINGDEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. Professional Service Agreement West Coast Code Consultants Inc. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION Contractor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against the City for infringement of any patent,copyright,trade mark,trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement,it being understood that this agreement to defend,settle or pay shall not apply if the City modifies or misuses the software and/or documentation. So long as Contractor bears the cost and expense of payment for claims or actions against the City pursuant to this section, Contractor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however,City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect the City's interest, and City agrees to cooperate with Contractor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against the City for infringement arising under this Agreement,the City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however,Contractor shall fully participate and cooperate with the City in defense of such claim or action. City agrees to give Contractor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, the City's assumption of payment of costs or expenses shall not eliminate Contractor's duty to indemnify the City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or,if as a result of a settlement or compromise,such use is materially adversely restricted,Contractor shall,at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation;or(b)modify the software and/or documentation to make it non-infringing,provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Contractor, terminate this agreement, and refund all amounts paid to Contractor by the City, subsequent to which termination City may seek any and all remedies available to City under law. 9. ASSIGNMENT AND SUBCONTRACTING, 9.1 Assignment. Contractor shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the City. If the City grants consent to an assignment, the assignee shall execute a written agreement with the City and the Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. The Contractor and assignee shall be jointly liable for all obligations of the Contractor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If the City grants consent to a subcontract, the sub Contractor shall execute a written agreement with the Contractor referencing this Agreement under which the sub Contractor shall agree to be bound by the duties and obligations of the Vendor under this Agreement as such duties and obligations may apply. The Contractor shall provide the City with a fully executed copy of any such subcontract. Professional Service Agreement West Coast Code Consultants Inc. 10. INSURANCE, Contractor shall provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability $1,000,000 Each Occurrence $2,000,000 Aggregate (b) Automobile Liability $1,000,000 Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by the Contractor, its employees, agents, representatives in the course of the providing services under this Agreement. "Any vehicle"shall be any vehicle owned, hired and non-owned. (c) Worker's Compensation Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease -per each employee $500,000 Disease -policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistentwith statutory benefits outlined in the Texas workers' Compensation Act(Art. 8308 — 1.0 et seq.Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee (d) Professional Liability(Errors&Omissions) $1,000,000 Each Claim Limit $1,000,000 Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability(CGL)policy,or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims-made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance shall be submitted to the City to evidence coverage. Professional Service Agreement West Coast Code Consultants Inc. 10.2 General Requirements (a) The commercial general liability and automobile liability policies shall name the City as an additional insured thereon, as its interests may appear.The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery)in favor of the City of Fort Worth. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten (10) days' notice shall be acceptable in the event of non-payment of premium.Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth,Texas 76102,with copiesto the City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A-VII in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of Risk Management is required. (e) Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that the Vendor has obtained all required insurance shall be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS, Contractor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,ordinances,rules and regulations and that any work it produces in connection with this agreement will also comply with all applicable federal, state and local laws, ordinances,rules and regulations. If the City notifies Contractor of any violation of such laws,ordinances, rules or regulations,Contractor shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT, Contractor,for itself,its personal representatives,assigns,subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and obligations hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND THE CITY AND HOLD THE CITY HARMLESS FROM SUCH CLAIM. Professional Service Agreement West Coast Code Consultants Inc. 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives,(2)delivered by facsimile with electronic confirmation of the transmission,or(3)received by the other party by United States Mail,registered,return receipt requested, addressed as follows: To the CITY: To VENDOR: City of Fort Worth West Coast Code Consultants,Inc Attn: Fernando Costa, Assistant City Manager Chris Kimball 200 Texas Street 908 W. Gordon Ave., Suite#3 Fort Worth,TX 76102-6314 Layton,UT 84041 Facsimile: (817) 392-8654 Facsimile: (801)820-9089 With copy to City Attorney's Office at same address. 14. SOLICITATION OF EMPLOYEES. Neither the City nor Contractor shall, during the term of this agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. GOVERNMENTAL. POWERS. It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 16. NO WAIVER. The failure of the City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW/VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas.If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement,venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Professional Service Agreement West Coast Code Consultants Inc. 19. FORCE MAJEURE, The City and Contractor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,transportation problems and/or any other similar causes. 20. HEADINGS NOT CONTROL.L.ING, Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. 21. REVIEW OF COUNSEL The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits A,B, and C. 22. AMENDMENTS/MODIFICATIONS/ EXTENSIONS. No amendment,modification,or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is executed by an authorized representative of eachparty. 23. ENTIRETY OF AGREEMENT. This Agreement,including Exhibits A,B and C,contains the entire understanding and agreement between the City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 25. WARRANTY OF SERVICES. Contractor warrants that its services will be of a professional quality and conform to generally prevailing industry standards.City must give written notice of any breach of this warranty within thirty(30) days from the date that the services are completed. In such event, at Contractor's option, Contractor shall either(a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or(b)refund the fees paid by the City to Contractor for the nonconforming services. Professional Service Agreement West Coast Code Consultants Inc. 26. IMMIGRATION NATIONALITY ACT. The City of Fort Worth actively supports the Immigration&Nationality Act(INA)which includes provisions addressing employment eligibility,employment verification,and nondiscrimination. Contractor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Contractor shall complete the Employment Eligibility Verification Form (I-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement.Contractor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Contractor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Contractor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 27. OWNERSHIP OF WORK PRODUCT. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement, collectively, "Work Product". Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of the City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a"work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Contractor hereby expressly assigns to City all exclusive right,title and interest in and to the Work Product, and all copies thereof,and in and to the copyright,patent,trademark,trade secret,and all other proprietary rights therein,that the City may have or obtain,without further consideration,free from any claim, lien for balance due,or rights of retention thereto on the part of the City. 28. TEXAS GOVERNMENT CODE CHAPTER 2270 VERIFICATION Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor. (1) does not boycott Israel, and(2) will not boycott Israel during the term of the contract. 29. SIGNATURE.AUTHORITY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party,and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor whose name, title and signature is affixed on the Verification of Signature Authority Form,which is attached hereto as Exhibit"C". Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. Professional Service Agreement West Coast Code Consultants Inc. [SIGNATURE PAGE FOLLOWS] Professional Service Agreement West Coast Code Consultants Inc. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the `� day of 2017. ACCEPTED AND AGREED: CITY OF FORT WORTH: West Coa t Co o ultants,Inc. By: Fernando Costa, By:_ Assistant City Manager Chris Kimball Vice-President Date:�/4/!7 Date: q S Zo( APPROVAL RECOMMENDED: ATTEST: By: Allison Gray By: Planning and Deve partment Title: ATTEST: _ By: .. Q CONTRACT AUTHORIZATION: ay , a K . City Secretary 'F ' i M&C: N/A Contract Compliance Mana * By signing I acknowledge that I am AS Date Approved: N/A FORM 1295 Tracking No. N/A responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. Name of Employee ASS/. 01r. Ckv Title APPROVED AS TO FORM AND LEGALITY: By: m , Melinda Ramos OFFICIAL RECORD Sr. Assistant City Attorney CITY SECRETARY FT.WORTH,TX Professional Service Agreement West Coast Code Consultants Inc. EXIHIBIT A STATEMENT OF WORK 31.0 SCOPE OF SERVICES Contractor shall perform overflow plan review of construction projects for compliance with the City's Codes with a five day turnaround. 31.1 Contractor shall provide 5-day turnaround for on-call overflow construction plan review services for construction projects requiring permits unless another timeframe is expressly agreed to by the City on a project by project basis.The expected work will include a comprehensive review for all construction documents governed by the City's adopted construction codes. 31.2 Contractor shall perform the services in accordance with the most recently adopted version of the City's construction codes.The City has adopted the following construction codes with local amendments: 31.2.1 2015 International Building Code(IBC) 31.2.2 2015 International Plumbing Code(IPC) 31.2.3 2015 International Mechanical Code/International Fuel Gas Code(IMC/IFGC) 31.2.4 2015 International Residential Code(IRC) 31.2.5 2017 National Electrical Code(NEC) 31.2.6 2015 International Energy Conservation Code(IECC) 31.2.7 2015 International Existing Building Code(IEBC) 31.2.8 2015 International Fire Code(IFC) 31.2.9 Current amendments can be viewed online at: http://fortworthtexas.gov;planninganddevelopment'permits/construction-code Professional Service Agreement West Coast Code Consultants Inc. EXHIBIT B COSTSTRUCTURE Basic Fees The City can choose to pay for plan review services as a"lump sum fee"or at the"hourly rates"listed in Table 1. The City must decide prior to submitting plans for review which fee option they would prefer. If no fee option is chosen the "lump sum fee" will be assumed. All fees are fully loaded and include all direct labor,overhead and profit. Some things to take into consideration: • The "lump sum fee" shall be fifty percent (50%) of the "Building Permit" fee collected by the City. "Building Permit" fee does not include any impact fees, technology fees or application fees assessed by the City. • The "lump sum" fees cover the time required to perform a complete initial review of the project as well as two brief follow-up reviews. Should additional reviews be required they will be billed at the hourly rates listed in Table 1, "Hourly Billing Rates". •While "lump sum fees"include reimbursable expenses, "hourly rates"do not.If the hourly rate option is chosen,reimbursable fees shall be billed at a multiple of 1.15 times the cost incurred. Reimbursable expenses are expenses incurred directly or indirectly in connection with the project such as, but not limited to, transportation, overnight deliveries, courier services, professional services sales taxes, and the cost of outside professional services. Invoices for work performed during the previous month will be sent out at the beginning of each month,unless requested otherwise by the City. Payment must be received within thirty(30)days of receipt of the invoice. Other Fees Table 1.Hourly Billing Rates Building Code Review $95.00/hour Structural Review $120.00/hour Fire Review $95.00/hour Clerical/Permit Technician $55.00/hour Miscellaneous Charges: • Expedited Reviews: Additional 50% from the above listed rates Professional Service Agreement West Coast Code Consultants Inc. EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY Full Legal Name of Company: West Coast Code Consultants,Inc Legal Address: 908 W. Gordon Ave., Suite#3 Layton,Utah 84041 Services to be provided:Construction Projects P1anReview Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind the Company and to execute any agreement,amendment or change order on behalf of Company. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Company. The City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Company.Company will submit an updated Form within ten(10) business days if there are any changes to the signatory authority. The City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by the Company. 1. Name: Chris Kimball Positio i7ilent Signa 2. Name: Position: Signature 3. Name: Position: Signature Name: Signature of President/'CEO Other Title: Owner Date: Professional Service Agreement West Coast Code Consultants Inc.