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Home My Public Portal AboutAgreement_2012-08-15_Willdan Engineering_First AmendmentWel . 9 0 SERVICES by and between the and Dated August 15, 2012 12IV #4840-1328-2571 %1 FIRST AMENDMENT TO AGREEMENT FOR HOUSING CONSULTANT SERVICES This First Amendment to Agreement for Housing Consultant Services ("First Amendment'), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF TEMPLE CITY, a California charter city ("City"), and Willdan Engineering, a California Corporation ("Consultant'), as follows: RECITALS A. City and Consultant entered in an Agreement for Housing Consultant Services on September 20, 2011 ("Agreement'). The Agreement provides that Consultant will provide grant administration services. B. Section 10 of the Agreement provides for compliance with applicable laws, permits and licenses. C. This First Amendment amends Section 10 to incorporate the certifications, laws and contractual clauses as identified in Attachment A. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows: 1. AMENDMENT. The Agreement is hereby modified and amended as follows: 1.1 Compliance with Applicable Laws, Permits and Licenses. Section 10 of the Agreement is hereby amended to incorporate the certifications, laws and contractual clauses as identified in Attachment A. 2. GENERAL PROVISIONS. 2.1 Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties. 2.2 Integration. This First Amendment consists of pages I through 3 and Attachment A inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment. 2.3 Effective Date. This First Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Consultant. 2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. RIV #4840-1328-2571 v1 -2- 2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST: Ala , City Clerk Ve!a '-J Kcto APPROVED AS TO FORM Eric S. Vail, City Attorney CITY: THE CITY OF TEMPLE CITY By: Jose Pulido, City Manager CONSULTANT: Willdan Engineering ma Name: Daniel Chow Title: President/CEO By:�i Name: Albert V. Warot Title: Director of Planning RIV #4846-1328-2571 V1 -3- ATTACHMENT A SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES (CONTINUED) POLITICAL ACTIVITY/LOBBYING CERTIFICATION Contractor may not conduct any activity, including any payment to any person, officer, or employee of any agency or member of Congress in connection with the awarding of any federal contract, grant, or loan, intended to influence legislation, administrative rule-making or the election of candidates for public office during time compensated for under representation that such activity is being performed as a part of the contract responsibility. COUNTY LOBBY CERTIFICATION It is understood that each person/entity/firm who applies for a Community Development Commission contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter 2.160, (Los Angeles County Ordinance 93-0031) and; that all persons/entity/firms acting on behalf of the above named firm have and will comply with the County Code, and; that any person/entity/firm who seeks a contract with the Community Development Commission shall be disqualified there from and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code. NON-DISCRIMINATION Executive Order 11246 requires that during the performance of this Contract, the consultant agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color, or national origin. The consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action shall include, but not limited to, the following: employment upgrading, demotion or transfer: recruitment or recruitment advertising: layoff or termination: rates of pay or other forms of compensation: and selection for training, including apprenticeship. The consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the consultant setting forth the provisions of this nondiscrimination clause. SECTION 3 REQUIREMENTS Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 et. Seq., requires that to the greatest extent feasible, opportunities for training and employment be given to lower-income residents of the project area and contracts for work in connection with the project be awarded to business concerns, which are located in, or owned in substantial part, by persons residing in the area of the project. CIVIL RIGHTS ACT ON 1964 Title VI of the Civil Rights Act of 1964 provides that no person shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 Section 109, Title I of the Housing and Community Development Act of 1974, provides that no person shall, on the ground race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this Title. PROHIBITION OF AGE DISCRIMINATION Prohibition against discrimination on the basis of age under the Ave Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply to any such program or activity. S it wt •� Community Development Commission 'q County of Los Angeles COUNTY LOBBYIST CODE C[i4PTER 2.160 COUNTY ORDINANCE NO. 93-0031 CERTIFICATION Name of Firm: Willdan Date: IrV Address 13191 Crossroads Parkway North, Industry, State: CA Zip Code: 91746 Phone No.: ( ( 562 ) 908-6200 Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the County of Los Angeles and the Community Development Commission, County of Los Angeles: I) It is understood that each person/emity/firm who applies for a Community Development Commission contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter 2.160, (Los Angeles County Ordinance 93.0031) and: 2) That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code, and; 3) That any person/entity/firm who seeks a contract with the Community Development Commission shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm faits to comply with the provisions of the County Code, This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into contract with the Los Angeles County and the Community Development Commission, County of Los Angeles. Authorized Official. Name -Title: niirnntnr of planp; pg SignanuteM �_�-� f" " 1° ' Date: 61t5 1�0,' _ Ayr 1-12 Hawaiian G3,Cons Page 13