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HomeMy Public PortalAbout10) 7F First Amendment to Agreement with Willdan Engineering for the Citys Home Improvement ProgramAGENDA ITEM 7.F. COMMUNITY DEVELOPMENT DEPARTMENT DATE: TO : FROM: MEMORANDUM June 5, 2018 The Honorable City Council Bryan Cook, City Manager Via : Michael D. Forbes , Community Development Director Scott Reimers , Planning Manager By : Adam Gulick , Associate Planner SUBJECT: FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH WILLDAN ENGINEERING TO PROVIDE CONSULTANT SERVICES FOR THE CITY'S HOME IMPROVEMENT PROGRAM RECOMMENDATION: The City Council is requested to : 1. Review and approve the First Amendment to the consultant services agreement (Attachment "A ") with Willdan Engineering (Willdan) to provide housing consultant services for Fiscal Year (FY) 2018-19 , whi ch shall not exceed 20 perce nt of the City's home improvement program 's expenditures and shall not exceed $60 ,000 ; and 2 . Authorize the City Manager to execute the First Amendment with Willdan for FY 2018-19 . BACKGROUND: On May 16 , 2017 , City Council approved a consultant services agreement with Willdan to provide housing consultant services . ANALYSIS: The City Council approved a consultant services agreement with Willdan Engineering to provide housing consultant services for the City 's Community Development Block Grant (CDBG )-funded home improvement program for FY 2017-18 . The agreement included the option of extending the agreement up to four additional years, in one-year ,------ City Coun cil June 5, 2018 Pag e 2 of 2 increments . The term of the agreement was not to exceed $60 ,000 or 20 percent of the expe nditures , whichever is lowe r. It is anticipated that Willdan could be reimb u rse d up to $30 ,000 for FY 2017 -18 that wou ld result in a balance of $3 0 ,000 available for FY 2018-19 . It is staff's assessment that Willdan Engineering has met expectations for the del ivery of their housing consultant serv ices. Willdan sta ff have reviewed interest forms su bmitted by members of the pub li c, coordinated home improvement projects , and have assisted with meeting CDBG program goals for FY 2017-18 . Willdan staff have provided monthly status updates keeping City staff informed of peop le on the waiting list, pending proj ects, projects u nd e r construction , and projects comp leted . Willdan staff have a lso bee n qu ick to respond to members of the c ommunity who have q uestio ns about the home improveme nt program or want to know how many peop le are ahead of them on the waiting list. City Council is requested to approve th e First Amendment with Willdan Engineering for a term of one additional year. This will e nsu re that there w ill not be an int errup tion in assisting l ow-income households with needed repairs and improvements to their home that they would not be able to do o n their own . CITY STRATEGIC GOALS : Approval of th e First Am endment to the Agreement for CDBG and Housin g Consu ltant Services w ith Willdan furth ers the City's Strategi c Goals of Public Hea lth and Safety, Quality of Life , and Econom ic Development. FISCAL IMPACT: This action will not impa ct the FY 2018-19 City Budget. T he anticipated $150 ,000 for the City's home improvement program in c ludes 20 percent for administrative se rvices as allowed by the CDBG Program . ATTACHMENT: A. First Amendment to th e Co nsultant Services Agreement w ith Willdan FIRST AMENDMENT TO AGREEMENT FOR SERVICES by and between th e CITY OF TEMPLE CITY a municipal corporation and WILLDAN ENGINEERING a California corporation Dated July 1, 2018 ATTACHMENT A FIRST AMENDMENT TO AGREEMENT FOR SERVICES T hi s First Ame ndment to Agreement for Services ("First A me ndm ent"), wh ich is date d for reference as indicated o n the cover page, is hereby entered into by and between the CITY OF TEMPLE C ITY, a California c harter city ("C ity "), and Willdan E n g ineering, a California corporation ("Service Provider"), as follow s : RECITALS A. C ity and Service Provid e r e ntered in an Agreement for Services on Jul y 1, 20 17 ("Agreement"). The Agreement prov ide s that Service Provider will provide h o us ing consultant services for the City 's ho m e imp rovement program as de scri bed in Exhibit "A,. B. Th is First Amendment a mends Section I "Term o f Agreement" to extend th e te rm for one year through June 30 ,20 19, with the City's o ption to extend the A g reement fo r up to three additional years, in o ne-year increments . OPERATIVE PROVISIONS NOW , THEREFORE, in cons ideration of the promises made and re cited herein, the parties do hereby enter into thi s First Amendm ent which modifies and a mends the Agreement as follows: 1. AMENDMENT. The Agreement is here by modified and amend ed as follows: 1.1 TERM OF AGREEMENT. Section 1 of th e Agreement ts hereby amended as follows: "The t erm of this Agreement sha ll be thro ugh June 30, 201 9 , s ubj ect to early termin ation as prov id ed in Section 20 "Termination of Agreement" of thi s Agreement. The term may be extended by mutual agreement of the parties memorialized in a written amendment to thi s Agreement." 2. GENERAL PROVISIONS. 2.1 Remainder Unchanged . Except as specifically m odi fied and ame nde d in thi s First A mendment, the Agreement remain s in full force and effect and binding upo n the parties. 2.2 Integration . This First A me ndment consists of p ages I through _ in c lu s ive, wh ic h constitute the e nt ire unde rsta nding and agreement of th e parties and supersedes all negotiations o r previ ous agreements between the parties with respect to all or a ny part of the transaction discussed in thi s F ir st Amendment. -2- 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 approp ri ate authorities of the City and Service Provider. 2.4 Applicable Law. The laws of the State of California s hall govern the interpretation and enforcement of this First Amendment. 2 .5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utili zed in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment. -3- IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement o n the date and year first written above . ATTEST: Peggy Kuo, City C lerk APPROVED AS TO FORM Eric S. Vai l, City Attorney CITY: THE CITY OF TEMPLE CITY By : =---~-.~~~------------Bryan Cook, City Manager SERVICE PROVIDER: Name : ' fi t ' <. Title : ~ .t, 16~.. ~~s, sr{_~&S- N ame: &/c!fdor ~:Jr-. Title })j £?&& af J?lUIAl~ -4- ;-------------------·--------- NOTE: SERVICE PROVIDER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER R ULES OR REGULATIONS APPLICABLE TO SERVICE PROVIDER'S BUSINESS ENTITY. -5- A nota ry pub lic or other officer completing this certifi c ate ver ifies onl y the identity of the individual who signed the document to whi ch this certifi ca te is attached , and not th e tru thfuln ess, accurac , or va lidit of th at document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALI FORNIA COUNTY OF LOS ANGELES On !lA "~ 7.~ _ 20 ~ before m>;:.4 " ,_ro_. i/2: t1J ~ P--dd-<; , . Name And TiUe Of Officer (e.g. ·Jane Doe. Notary Pu blic") personally appeared U J~ C P~a.rl: Name at Signef(s) who proved to me on the basis of satisfactory evidence to be the person (s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in h is/her/the ir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Cal ifornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Thou gh this sectio n is optional , complet ing this information can deter alte rn ati on of the doc ument or fraudulent reattachment of th is form to an uninten ded document. CAPACIT(IES) CLAIMED BY SIGNER(S) Signer's Name: 0 Individual 0 Corporate Office r Titl e(s) 0 Partne r(s) 0 Attorney -I n-F act 0 Trustee(s) 0 Guardian /Conservator 0 Other: Signer is representing : N ame Of Person(s) Or En · (les) 0 Li mited 0 General DESCRIPTION OF ATIACHED DOCUMENT Title or Type of Document Numbe r Of Pages Date Of Document Signer(s) O ther Than Named Above A notary pu b li c or other office r comp letin g thi s ce rtificat e ve rifi es onl y th e ident ity of th e indi vid ual wh o signe d the document to whic h thi s ce rti fi cate is atta ched and not the truthfulne ss, acc urac , or va lidit of th at document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA COUNTY OF LOS ANGELES who proved to me on the bas is of satisfactory evidence to be the person (s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by h is /her/their signature(s) on the instrument the pe rson(s), or t he entity upon behalf of which t he person(s) acted , executed the instrument. I ce rtify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Though th is section is op tio nal, complet ing th is informat io n can deter alternation of the document or fraudulent rea ttachment of th is form to an un in tended d ocu ment. CAPACIT(IES) CLAIMED BY SIGNER(S) Signer's Name: 0 Ind ividual 0 Corporate O fficer 0 Partner(s) 0 Attorney -In -Fact 0 Trust ee(s) 0 Guardian/Conserva 0 Other: Signer is re sentin g: T•lle(s) 0 0 Name Of Person(s) Or Entity(ies) Limited ~-Gener ~ DESCRIPTION OF ATTACHED DOCUMENT ---------- TiUe or Type of Docume nt ------------~~~~---------------Number Of Pages Date Of Document Signer(s) Other Than Named Above