HomeMy Public PortalAboutAgreement_2016-06-02_Hinderliter, De Llamas and Associates (HDL)_1st Amendment Economic Development ServicesFIRST AMENDMENT TO
SERVICE AGREEMENT
by and between
the
CITY OF TEMPLE CITY
"Wal
HDL Companies
Dated June 2, 2016
FIRST AMENDMENT TO THE SERVICE AGREEMENT
This First Amendment to the Service Agreement ("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 HDL Companies ("Service Provider"), as
follows:
RECITALS
A. City and Service Provider entered into a
("Agreement"). The Agreement provides
economic development services for the City.
Service Agreement on February 17, 2015
that the Service Provider will provide
B. This First Amendment is to renew the City's Agreement with HDL Companies for one
year (i.e., June 2, 2016 — June 2, 2017).
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 Section 1. Section 1 of the Agreement is hereby amended to read as
follows: "The term of this Agreement shall be for one (1) year from June
2, 2016 to June 2, 2017, subject to the provision provided herein. Subject
to the provisions of Section 20 "Termination of Agreement" of this
Agreement, the scope of services set forth in Exhibit "A" "Scope of
Services" shall be completed pursuant to the schedule specified in Exhibit
"A." Should the scope of services not be completed pursuant to that
schedule, the Consultant shall be deemed to be in Default of this
Agreement pursuant to Section 21 of this Agreement. The City, in its sole
discretion, may choose not to enforce the Default provisions of this
Agreement and may instead allow Consultant to continue performing the
scope of services until such services are complete."
1.2 Section 3. Section 3 of the Agreement is hereby amended as follows: The
third sentence of Section 3, subparagraph (a) of the Agreement is amended
to read as follows: "The total compensation, including reimbursement for
actual expenses, shall not exceed TWO THOUSAND FIVE HUNDRED
DOLLARS ($2500.00), unless additional compensation is approved in
writing by the City Council or City Manager."
1.3 Section 3. Section 3 of the Agreement is hereby amended as follows: The
fifth sentence of Section 3, subparagraph (b) of the Agreement is amended
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to read as follow: "If the compensation set forth in subsection (a) include
payment of labor on an hourly basis (as opposed to labor and materials
being paid as lump sum), the labor category in each invoice shall include
detailed descriptions of task performed and the amount of time incurred
for or allocated to that task. The hourly rate will be set at TWO
HUNDRED DOLLARS ($200.00) an hour."
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 4
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 Ku t Clerk
CITY:
THE CITY OF TEMPLE CITY
By:
Bryan Cook, City Manager
-3-
APPROVED AS TO FORM
Eric S. V ' , Attorney
SERVICE PROVIDER:
OCL Ly., poi ke�l
--
By:
N e: �jFF,e.-y Su�Mzir f
Tide: CIFO
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.
-4-
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 .20
before me,
Date Name And Title Of Ofacer (a g.'Jans Doe, Notary Public)
personally appeared
Name of aigner(p
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.
Signature of Notary Public
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
❑ 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
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.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On TUG— 4 5
before me,
personally appeared
VICTOR Hl1G(1 VELAIOUE2 811G0
comtNsslon • 2124851
= Notary Pu08c - California
rAff Los Ang" Count
Comm res S 29 20791
Of Officer (es ,CJ�e Doe, Notary Pudic')
AC /J //
who proved to me on the basis of satisfactory evidence to
be the persora whose nameo-is*0 subscribed to the
within instrument and acknowledged to me that
executed the same in h*sMer eI authorized capaci les ,
and that by h4otlter/el signatures on the instrument the
person "st& or the entity upon behalf of which the persoro
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.
G -
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.
CAPACIT(IES) CLAIMED BY SIGNER(S)
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