1450826.1
FIRST AMENDMENT
TO
CONSULTANT SERVICES AGREEMENT
This First Amendment to Consultant Services Agreement (“First Amendment”) is made and entered into as of October 15, 2024, by and between the City of Diamond Bar, a municipal corporation (“City”), and FRJ & Associates, a California general partnership ("Consultant") with reference to the following:
A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of September 1, 2021, which is incorporated herein by this reference (the “Original Agreement”); and
B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions thereof.
NOW, THEREFORE, the parties hereby agree as follows:
1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
2. Revised Scope of Services. The Scope of Services, Exhibit "A" to the Original Agreement, is hereby amended, modified and supplemented to include administering the City’s California State Permanent Local Housing Allocation (“PLHA”) funded Home Improvement Program (“HIP”) and Condominium Home Improvement Program (“CHIP”) in addition to the CDBG-funded HIP. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the CDBG and PLHA Administration Services for the Project ("Amended Services"). The Amended Services are more particularly described in Exhibit "A1" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference. and all applicable local, state and federal laws, rules and regulations.
3. Reserved.
4. Compensation. The not-to-exceed sum of payments per fiscal year forth in Section 3 of the Original Agreement was twenty (20) percent of the adopted CDBG budget allocated to the HIP for that same fiscal year, with total payments to Consultant pursuant to the Original Agreement not to exceed ONE HUNDRED TWENTY THOUSAND Dollars ($120,000). The not-to-exceed payments per fiscal year set forth in the Original Agreement is hereby amended to include the sum of twenty (20) percent of the PLHA budget allocated to the HIP and CHIP, and twenty (20) percent of the adopted CDBG budget allocated to the HIP. The total not-to-exceed compensation of the Original Agreement is hereby amended to provide for an increase of ONE HUNDRED THIRTY THOUSAND Dollars ($130,000.00) so that the not-to-exceed compensation, as amended by this First Amendment, shall not exceed TWO HUNDRED FIFTY THOUSAND Dollars ($250,000.00).
5. Integration. This First Amendment and all attachments hereto integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control.
IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written.
“CONSULTANT” “CITY”
FRJ & ASSOCIATES CITY OF DIAMOND BAR
*By: By:
Vivian J. Moss Dan Fox
Partner City Manager
ATTEST:
Kristina Santana, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
*NOTE:If Consultant is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
EXHIBIT “A-1”
The Amended Services set forth under the First Amendment to the Consulting Services Agreement shall include, but not be limited to, the following items:
1. Answering public inquiries regarding the CDBG and PLHA program.
2. Conducting preliminary interviews with homeowners to determine eligibility status and desired improvements for dwelling unit.
3. Obtaining and vetting all required supporting documentation including income verification and grant deed.
4. Conducting property inspections and estimate costs for rehabilitation work.
5. Completing all applicable documents for CDBG and PLHA Housing Rehabilitation activities.
6. Procuring asbestos and lead based paint testing, abatement and clearance requirements if necessary.
7. Preparing loan documents.
8. Preparing specifications and bid documents, and reviewing bids received with the homeowners.
9. Obtaining contractor clearance through the Federal Excluded Parties List System and State Contractor’s License Board.
10. Preparing award proposals for review by the City’s Screening Committee.
11. Awarding contracts after approval by Screening Committee, preparing and executing documents for deferred loans.
12. Ensuring that the following forms are completed, executed and/or recorded: Promissory Notes, Notices of Right to Cancel, Deeds of Trust, Requests for Notice(s), Truth in Lending Disclosures, and any other forms and documents required by the City.
13. Conducting preconstruction conferences to review all projected work with homeowners and the contractors.
14. Conducting progress inspections to make certain that work is proceeding in a timely manner and to authorize progress payments.
15. Executing notices of completion upon final inspection certifying that rehabilitations have been completed in accordance with contract specifications.
16. Acquiring lien releases from contractors and subcontractors, obtaining homeowner’s authorization for final payment, and executing close-outs of rehabilitation work, and ensuring that permanent files contain complete documentation required for County, State, and Federal monitoring and audit purposes.
17. Preparing monthly progress reports to the City.
18. Responding to inquiries from the Los Angeles County Development Authority (LACDA) and representing the City during LACDA reviews and/or audits.