HomeMy Public PortalAbout08B) 7D-B 1st AmendmentATTACHMENT B
FIRST AMENDMENT TO
AGREEMENT FOR HOUSING CONSULTANT
SERVICES
by and between
the
CITY OF TEMPLE CITY
and
WILLDAN ENGINEERING
Dated August 15, 2012
RIV #4840-1328-257! vl
"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 Will dan
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
fotlows:
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 1 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#4840-1328-257l vl -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 express! y stated to the contrary in this First Amendment.
IN WITNESS WHEREOF, the parties hereto have execnted this First Amendment to
the Agreement on the date and year first written above.
CITY:
THE CITY OF TEMPLE CITY
ATTEST:
APPROVED AS TO FORM
~
Eric S. Vail, City Attorney
CONSULTANT:
Willdan Engineering
N <mle: Daniel Chow
Title: President/CEO
By:_~_atb_· _V\_!r~v.~t'J_OJ_ttb_' ~-
Name: AlbertY. Warot
Title: Director of Planning
RfV #4840~1328-2571 v 1 .J.
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 periormance 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 frorn participation in, be denied the benefits of, or be subjected to
discrimination under any prograrn or activity funded in whole or in part with funds
rnade available under this Title.
PROHIBITION OF AGE DISCRIMINATION
Prohibition against discriminatiorl 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 prograrn or activity.
Community Development Commission
County of Los Angeles
COU:>.'TY LOBB\'IST CODE CHAPTER 2.!60
COt;:-iTY ORDl:-IA:'iCE :-10.93-0031
CERTIFlCATlON
Name of Firm: Wi II dan Date: _&_,1-j_l'P-+f-t_c;t.. __
Addrm· 13191 Crossroads Parkway North, Industry,
State: CA Zip Code: 91746 Phone No.: I (51l)2) 908-6200
Acting on behalf of the above named firm, as lts Authorized Official 1 1 make the following Certification
to the County of Los Angeks and the Community Dcvctcpmc:nt Commission, County of Los Angeles:
l) tt is understood that each person/entity/firm who applies tor a Community Development
Commission contract. and as part of that process, shall cr:rtifY 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 aU persons/ertttties!finns acting on behalf of the above named firm have and will comply
with the Count} Code, and~
3) That any pcr<onlentitylfirm who seeks a contract with the Community Development
Commission shaH be disqualified therefrom and denied the: contract and, shalt be liabi~ in civil
action, if any lobbyist, lobbying firm, lobby~t employer or any other pen;on or entity acting on
behalf of the above named finn fails to comply with the provisions of the County Code.
This certification is a material representation of fact upon which n:liance was placed when this
transaction was made or entered into. Submission of this cenification is a prerequisite for making or
entering into ~;ontract with the Los Angeles County and the Community Development Commission,
County of Los Angeles~
Authorized Official;
Name:_· -J'l.JJ'*=~':'-:.l!Y="-11\&~'<FEli"t!;;-, ~l['\;--;;--~--:::::1:;;;---Title: Di rectO!' of l'lamOJiRg
Stgnature: .@~ \J Date: ......=B:t/...:f:_:!?-1-j..:::{;J:._ ___ _ I I
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