The URL can be used to link to this page

Home My Public Portal AboutAgreement_2020-08-04_Willdan Engineering_Fourth AmendmentFOURTH AMENDMENT TO AGREEMENT FOR SERVICES by and between the CITY OF TEMPLE CITY a municipal corporation and WILLDAN ENGINEERING a California corporation Dated August 4, 2020 FOURTH AMENDMENT TO AGREEMENT FOR SERVICES This Fourth Amendment to Agreement for Services ("Fourth 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 1, 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. The Second Amendment amended Section 1 "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. The Second Amendment amended 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). E. The Third Amendment amended compensation by increasing the hourly rate for the Program Coordinator from $70.00 to $90.00. The change is result of the Service Provider hiring their independent contractor as an employee. F. The Fourth Amendment amends the term of the agreement, extending the term for one year through June 30, 2021, with the City's option to extend the Agreement for up to one additional year. G. The Fourth Amendment also amends the scope of services to provide the City with professional consulting services advising staff on the implementation of the City's Small Business Assistance Program. H. The Fourth Amendment amends the compensation increasing the total amount of the contract by the $29,588 for the administration fees related to the housing rehabilitation program and the lead and asbestos program and $16,188 for consulting services related to the temporary small business and micro -enterprise grant program. -2- OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Fourth Amendment which modifies and amends the Agreement as follows: 1. AMENDMENT. Section 1, "Term of Agreement" shall be extended one year through June 30, 2021. 2. AMENDMENT. Section 2 (a), "Scope of Services" shall be amended by increasing the scope of service to provide the City with professional consulting services advising staff on the implementation of the City's Small Business Assistance Program. See "Exhibit A" of this agreement for the additional services. 3. AMENDMENT. Section 4 (a), "Compensation and Method of Payment" shall be amended by increasing the total by an additional $29,588 ($13,400 for the administration fees related to the housing rehabilitation program and the lead and asbestos program and $16,188 for consulting services related to the temporary small business and micro -enterprise grant program). 4. GENERAL PROVISIONS. 4.1 Remainder Unchanged. Except as specifically modified and amended in this Fourth Amendment, the Agreement remains in full force and effect and binding upon the parties. 4.2 Integration. This Fourth Amendment consists of pages 1 through 5 and Exhibit "B" 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 Third Amendment. 4.3 Effective Date. This Fourth 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. 4.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Third Amendment. 4.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Third Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Third Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above. -3- ATTEST: By: AAA Peggy Kuo, Citf Clerk APPROVED AS TO FORM Greg NkfrpEiy, City Attorney CITY: THE CITY OF TEMPLE CITY By: Bryan Coo y Manager SERVICE PROVIDER: Name: Title: By: Name: k k U Yv0 . Title: V jc!. PrMS IdJQ4 v Sill $ ✓ LoPe7- fir. 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, -4- OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE PROVIDER'S BUSINESS ENTITY. 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. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA COUNTY OF LOS ANGELES On before me, Date 10 20 personally appeared \.J 2 t ANNETTE M. ZAMORA Notary Public -California Z Los Angeles County ; Commission * 2181297 My Comm. Expires Feb 20, 2021 P Name And Officer (e.g. 'Jane Doe. Notary Public") me of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) -whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in h+sLher/their authorized capacity(ies), and that by hisfher/their signatures) -on the instrument the person(s or the entity upon behalf of which the persofa(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 Signature oflOpta�� ry Public Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) Signer's Name: ❑ Individual ❑ Corporate Officer O Partner(s) Title(s) O Limited ❑ General ❑ Attorney -In -Fact O Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is represe g: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number Of Pages Date Of Document Signer(s) Other Than Named Above 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. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA COUNTY OF LOS ANGELES On (,tc{, before , 20 L0 . 'N�...�sZ s� �l.%tS �r.•�i �ic1r-l•'-c� Date Name And Title Of Officer (e.g 'Jane Doe, Notary Public") personally appeared ANNETTE M. ZAMORA Notary Public - California Los Angeles County Commission C 2181297 My Comm. Expires Feb 20, 2021 Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the personlwhose name4s) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/het/their authorized capacity(ies), and that by his/he-Mile-ir signature{s) on the instrument the person(&)}, or the entity upon behalf of which the persons) 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 Signature pf Notary Public Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTAC ED DOCUMENT Signer's Name: ❑ Individual ❑ Corporate Officer Title(s) O Partner(s) ❑ Attorney -In -Fact ❑ Trustee(s) O Guardian/Conservator ❑ Other: Signer is rep -senting: Name Of Person(s) Or Entity(ies) Limited Gen Title or Type of Document Number Of Pages Date Of Document Signer(s) Other Than Named Above