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HomeMy Public PortalAboutAgreement_2016-08-10_Willdan Engineering_1st AmendmentFIRST AMENDMENT TO AGREEMENT OF SERVICES by and between the CITY OF TEMPLE CITY and Willdan Engineering, a California corporation Dated August 10 , 2016 RN 44840-1328-2571 v FIRST AMENDMENT TO THE AGREEMENT FOR SERVICES This First Amendment to Agreement of Services ("First Amendment") for housing rehabilitation consultant services, 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 ("Contractor"), as follows: RECITALS A. City and Contractor entered in an Agreement for Services on June 11, 2014 ("Agreement"). The Agreement provides that Contractor will provide housing consultant services for the City's Housing Rehabilitation Programs. B. After entering the Agreement, the City was notified by the Los Angeles County Community Development Commission that additional Community Development Block Grant (CDBG) funds were available to the City's Housing Rehabilitation Programs. C. This First Amendment amends the Agreement to increase the not to exceed percentage of the total CDBG funds permitted by the U.S. Department of Housing and Urban Development (HUD) and to provide additional compensation to Consultant to process additional home improvement projects. 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 Compensation and Method of Payment Section 4, subparagraph (a) of the Agreement is hereby amended as follows: Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit -13" "Compensation" and made a part of this Agreement by this reference. The total compensation, including reimbursements for actual expenses, shall not exceed ONE HUNDRED TWELVE THOUSAND FIVE HUNDRED DOLLARS ($112,500), unless additional compensation is approved in writing in accordance with Section 26 "Administration and Implementation" or Section 28 "Amendment" of this Agreement. 1.2 Exhibit `B" Scope of Services of the Agreement is hereby amended as shown in Attachment "I" to this First Amendment. RN #4840-1328-2571 V 1 -2- 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 _ 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 Contractor. 2.4 Applicable Law. The laws of the State of California shall 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 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: Peggy Kito,wCity Clerk APPROVED AS TO FORM CITY: THE CITY OF TEMPLE CITY By: Bryan Cook, City Manager -3- CONTRACTOR: �AJ't\��av� �whir►oecy a By• Qv I Name: �OtU\d L. �yYl1 Title: C. ►CQ By: Name: Title: NOTE: CONTRACTOR'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 CONTRACTOR'S BUSINESS ENTITY. RN @48404328-2571 v -4- ALL -F 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. URPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA COUNTY OF LOS ANGELES On S6 before me, Date personally appeared ---------------- ANTONELLA JENNIFER ESTRELLA Commssion N 2094693 i . `� Notary Public • California i = Orange County Comm. Expires Dec 23. 2018 Title Of Offim (e a 'J. Dw, Notary 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 hefshe/they executed the same in his/her/their authorized capacity(ies), and that by hisiherkheir 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 document or fraudulent reattachment of this form to an unintended document. CAPACITIES) 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 Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number Of Pages Date Of Document Signer(s) Other Than Named Above 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 __L).tL before me, personally appeared ANTONELLA JENNIFER ESTRELLA Commission x 2094693 i • Notary Public - California i = Orange County Comm. Expires Dac 23, 2018 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 k:-}aislher/their authorized capacity(ies), and that by hi&4w/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. ESS my hand and official seal. OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACITIES) CLAIMED BY SIGNER(S) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner(s) ❑ Limited ❑ General ❑ Attomey-In-Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Enlity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number Of Pages Date Of Document Signer(s) Other Than Named Above