The URL can be used to link to this page

Home My Public Portal AboutAgreement_2019-07-01_Willdan Engineering_2nd AmendmentSECOND AMENDMENT TO AGREEMENT FOR SERVICES by and between the CITY OF TEMPLE CITY a municipal corporation and WILLDAN ENGINEERING a California corporation Dated July 1, 2019 SECOND AMENDMENT TO AGREEMENT FOR SERVICES This Second Amendment to Agreement for Services ("Second 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 ("Service Provider"), as follows: RECITALS A. City and Service Provider entered in an Agreement for Services on July I, 2017 ("Agreement"). The Agreement provides that Service Provider will provide housing consultant services for the City's home improvement program as described in Exhibit "A„ B. The First Amendment amended Section 1 "Term of Agreement" to extend the term for one year through June 30, 2019, with the City's option to extend the Agreement for up to three additional years, in one-year increments. C. This Second Amendment amends Section l "Term of Agreement" to extend the term for one year through June 30, 2020, with the City's option to extend the Agreement for up to two additional years, in one-year increments. D. This Second Amendment amends Section 4 "Compensation" to increase the total compensation to 20 percent of the home improvement program expenditures and shall not exceed One Hundred and Ten Thousand dollars ($110,000). OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Second Amendment which modifies and amends the Agreement as follows: 1. AMENDMENT. The Agreement is hereby modified and amended as follows: 1.1 TERM OF AGREEMENT. Section 1 of the Agreement is hereby amended as follows: The term of this Agreement shall be through June 30, 2020, subject to early termination as provided in Section 20 "Termination of Agreement" of this Agreement. The term may be extended by mutual agreement of the parties memorialized in a written amendment to this Agreement. 1.2 COMPENSATION AND METHOD OF PAYMENT. Section 4, subparagraph (a) of the Agreement is hereby amended as follows: -2- Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit `B" "Compensation" and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, is limited to 20 percent of the home improvement program expenditures and shall not exceed ONE HUNDRED AND TEN THOUSAND dollars ($ 110.000 ), unless additional compensation is approved in writing in accordance with Section 27 "Administration and Implementation' or Section 29 "Amendment' of this Agreement. 2. GENERAL PROVISIONS. 2.1 Remainder Unchanged. Except as specifically modified and amended in this Second Amendment, the Agreement remains in full force and effect and binding upon the parties. 2.2 Integration. This Second Amendment consists of pages 1 through _ 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 Second Amendment. 2.3 Effective Date. This Second 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 Service Provider. 2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Second Amendment. 2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Second Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Second Amendment. -3- IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST: Peggy Kuo, City Clerk APPROVED AS TO FORM W 0,11 .� CITY: THE CITY OF TEMPLE CITY 0 SERVICE PROVIDER: M 0 -4- Name: Title: D � av oF ��'hra��. 'a��: '.��. . t1' " r�� . �� .-��-.r -" . i�� . -" 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 RULES OR REGULATIONS APPLICABLE TO SERVICE PROVIDER'S BUSINESS ENTITY. -5- ALL A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) On bef personally appeared Nilliol,v�-\ C -'{'ria: 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 his/her/their 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 MAPCiA JEAN HIGASHI the State of California that the foregoing paragraph is true ire Notary Public - California = and correct. ,Ft:. Los Angeles County z Commission • 2187953 = WITNESS my hand and official seal. My Comm E%Dires Apr 7, 2021 OPTIONAL Though this section is optional, completing this information can deter alternation of the document or reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNERS) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entlty(ies) DESCRIPTION OF ATTACMED DOCUMENT rifle or Type of Document Number Of Pages Date Of Document Signer(s) Other Than Named Above i_.. .•z u,:. w STATE OF CALIFORNIA COUNTY OF LOS. (ANGELES On [A OkX .20 1 `I before me, M Cf Yt^_ t a V personally appeared MARCIA JEAN HIGASHI Notary Public - California Los Angeles County z Z Commission • 2187953 My Comm Expires Apr 7. 2021 o l- ! UVL 2- J'( 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 his/her/their 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 California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Though this section is optional, completing this information can deter alternation of the reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner(s) ❑ Limited ❑ Genera ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is repres Name Of Person(s) or fraudulent OF ATTACHED DOCUMENT Title or Type of Document Number Of Pages Date Of Document Signer(s) Other Than Named Above ,� `tjw y1u s.'