HomeMy WebLinkAboutLazar Translating & Interpreting - 1st Amndt Agrmnt - 3-1-2023L/UUUJ I Y II CI IV CIUFIC IU. or-'UL IUy-JrJ/I UUr"UUUVC
FIRST AMENDMENT TO AGREEMENT
This First Amendment to Agreement (Amendment) is effective as of 3/1/2023 , (the
Effective Date) and amends the Agreement entered into by and between the City of
Fresno, a California municipal corporation (City), and Translating Services, Inc. DBA
Lazar Translating & Interpreting, a California Stock Corporation (Consultant).
RFC_ITAI R
A. City and Consultant entered into an agreement dated 3/1/2023 (the
Agreement) to provide Translation and Interpretation services on an as -needed,
on -demand basis for compensation not to exceed $300,000.
B. City and Consultant now desire to amend the Agreement to include additional
federal requirements, as set forth in the attached Exhibit A.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which recitals are
contractual in nature, the mutual promises herein contained, and for other good and
valuable consideration hereby acknowledged, the parties agree that the Agreement be
amended as follows:
1. Federal Requirements. Consultant hereby agrees to comply with all applicable
federal requirements, which are attached hereto as Exhibit A and incorporated
herein by reference.
2. Effect cif Amendment. Except as expressly modified by this Amendment, the
Agreement remains in full force and effect. In the event of any conflict between
the Agreement and this Amendment, this Amendment shall control.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Amendment on the date
set forth above.
CITY OF FRESNO,
DEAF AND HARD OF HEARING
a California municipal corporation
SERVICE CENTER
A CalifriiaQ,onprofit Corporation
by:
���-Q-
1/25/2023
B :Fioned
—Z- 3/1/2023
B �Y�
arari-` gui`i re, PARCS Director
Steve Bongo
Name:
APPROVED AS TO FORM:
Title: Board President
ANDREW JANZ
(If corporation or LLC., Board Chair,
Clty r,99 a by.
Pres. S� Vice Pres.)
Dacus rted by:
Pau.�,iine, (�7ViG�t 1/25/2023
By. Anna Virnig 1/25/2023
B Y
Pauline Brickey Date
Anna virnig
Name:
Deputy City Attorney
ATTEST:
Title: Board Treasurer
TODD STERMER, CIVIC
(If corporation or LLC., CFO,
City Clerk
Treasurer, Secretary or Assistant
Secretary)
Docu&gneo by
r bw 3/1/2023
By:
Deputy °-
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Exhibit A
Federal Requirements (CDBG)
False Information
Bidder is advised that providing false, fictitious or misleading information with respect to
CDBG funds may result in criminal, civil or administrative prosecution under 18 U.S.C. §
1001, 18 U.S.C. § 1343, 31 U.S.C. § 3729, 31 U.S.C. § 3801 or another applicable statute.
Bidder shall promptly refer to City and HUD's Office of the Inspector General any credible
evidence that a principal, employee, agent, subcontractor, or other person has submitted
a false claim under the False Claims Act or has committed a criminal or civil violation of
laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct
involving CDBG funds. Bidder shall ensure that contractual language in third party
contracts enforces these provisions.
Access to Project Site and Records
Bidder will provide access to the City, HUD, the Comptroller General of the United States,
or any of their duly authorized representatives to any books, documents, papers, and
records of the contractor which are directly pertinent to that specific contract for the
purpose of making audit, examination, excerpts, and transcriptions. Contractor will retain
all required records for three years after final payments are made and all other pending
matters are closed.
Bidder will provide suitable access to the project site at all reasonable times during
construction to the City, HUD, the Comptroller General of the United States, or any of
their duly authorized representatives. Contractor shall also meet all reporting
requirements to allow City to comply with the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282).
Equal Empioy✓mant Opportunity
Bidder shall abide by all Executive Order 11246, "Equal Employment Opportunity" (30 FR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order
11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"
and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor. All contracts and
subcontracts en�ered into will contain the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The contractor will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment without regard to their race, color, religion,
sex, sexual orientation, gender identity, or national origin. Such action shall include, but
not be limited -'Co 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, includinc_; apprenticeship. The contractor agrees to post in conspicuous places,
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available to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a
part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the contractor's legal duty to furnish
information.
(4) The contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the contractor's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor wiil furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursu2nt thereto, and will permit access to his books, records, and accounts by
the administering agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, -1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding
paragraph (1) a;,d the provisions of paragraphs (1) through (8) in every subcontract or
purchase orderunless exempted by rules, regulations, or orders of the Secretary of Labor
issued ;Dursua: l_` tc section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The contractor will
take such action with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for
noncompiiance.
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Reporting Requirements
Bidder and any proposed subcontractor shall comply with the filing requirements of 41
CFR §60-1.7 by filing Standard Form 100 (EEO-1) only if (1) the bidder has 50 or more
employees; and (2) the contract value will be greater than $50,000.
Bidder ar:d an, proposed subcontractor shall complete the Affirmative Action Program
Certification of Cornpliarsce or..nty (1) the bidder has 50 or more employees; (2) the work
is for Pon -construction supply or service; and (2) the contract value will be greater than
$50,000.
Flimination of Segregated Facilities
Bidder shall ensure that facilities provided for employees are provided in such a manner
that segregation on the basis of race, color, religion, sex, sexual orientation, gender
identity, or national origin cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use by employee custom. The
contractor's obligation extends further to ensuring that its employees are not assigned to
perform their services at any location, under the contractor's control, where the facilities
are segregated. This obligation extends to all contracts containing the equal opportunity
clause regardless of the amount of the contract. The term "facilities," as used in this
section, means waiting rooms, work areas, restaurants and other eating areas, time
clocks, restrooms, wash rooms, locker rooms, and other storage or dressing areas,
parking lots, drinking fountains, recreation or entertainment areas, transportation, and
housing provided for employees; Provided, That separate or single -user restrooms and
necessary dressing or sleeping areas shall be provided to assure privacy between the
sexes.
Suspension and Debarment
By submitting a bid/proposal under this solicitation, the Bidder certifies that neither it nor
any person or firm who has an interest in the Bidder's firm is a person or firm ineligible to
be awarded Government contracts, contracts or participate in programs pursuant to 2
CFR Part 180.
The Bidder agrees that no part of this work shall be subcontracted to any person or parties
listed on the government -wide Excluded Parties List System in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989
Comp., p. 235). In addition, bidders shall ensure that contractual language in third party
contracts enforce this provision.
Subcoritractin9
The Bidder shail take the following steps to ensure that, whenever possible, subcontracts
are awarded to small business firms, minority firms, women's business enterprises, and
labor surplus area firms described in Executive Orders 11625, 12432 and 12138, and 2
CFR part 200:
1. Placing qualified small and minority businesses and women's business
enterp,-ices on solicitation lists;
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2. Assuring that small and minority businesses, and women's business enterprises
are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority business, and
women's business enterprises;
4. Estaoiishing delivery schedules, where the requirement permits, which
encourage participation by small and minority business, and women's business
enterprises; and
5. lasing flie services and assistance of the U.S. Small Business Administration, the
Minority Business Development Agency of the U.S. Department of Commerce,
and Szate and local governmental small business agencies.
Definitions:
Disadvantaged business enterprise (DBE) means an entity owned or controlled by a
socially and economically disadvantaged individual as described by Public Law 102-389-
(42 U.S.1. 4370d) or an entity owned and controlled by a socially and economically
disadvantaged individual as described by Title X of the Clean Air Act Amendments of
1990 (42 U.S.C. 7601 note); a Small Business Enterprise (SBE); a Small Business in a
Rural Area (SBRA); or a Labor Surplus Area Firm (LSAF), a Historically Underutilized
Business (HUB) Zone Small Business Concern, or a concern under a successor program.
Labor surplus area firm (LSAF) means a concern that together with its first -tier
subcontractors will perform substantially in labor surplus areas (as identified by the
Department of Labor in accordance with 20 CFR part 654). Performance is substantially
in labor surplus areas if the costs incurred under the contract on account of
manufacturing, production or performance of appropriate services in labor surplus areas
exceed 50 percent of the contract price.
Minority business enterprise (MBE) means a business enterprise that is at least 51
percent owned by a minority group or groups including: a Disadvantaged Business
Enterprise (DBE) other than a Small Business Enterprise (SBE), a Labor Surplus Area
Firm (LSAF), a Small Business in Rural Areas (SBRA), or a Women's Business Enterprise
(WBE).
Small business, small business concern or small business enterprise (SBE) means a
concern, including its affiliates, that is independently owned and operated, not dominant
in the field of operation in which it is bidding, and qualified as a small business under the
criteria and size standards in 13 CFR part 121.
Women's business enterprise (WBE) means a business concern which is at least 51 %
owned or controlled by women. Determination of ownership by a married woman in a
community property jurisdiction will not be affected by her husband's 50 percent interest
in her share. Similarly, a business concern which is more than 50 percent owned by a
married man will not become a qualified WBE by virtue of his wife's 50 percent interest in
his share.
OF REI-COVERED MATERIALS
Bidder must comply with section 6002 of the Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act. The requirements of Section 6002 include
procuring only it -ems designated in guidelines of the Environmental Protection Agency
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(EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition, where the
purchase price of the item exceeds $10,000 or the value of the quantity acquired during
the preceding fiscal year exceeded $10,000; procuring solid waste management services
in a manner that maximizes energy and resource recovery; and establishing an
affirmaive procurement program for procurement of recovered materials identified in the
EPA guidelines.
ENERGY EF 10"ENGY
Bidder wi!I comply with mandatory standards and policies relating to energy efficiency
Urhich are cone tined in the state energy conservation plan issued in compliance with the
Energy Policy an)d Conservation (42 U.S.C. 6201).
ANTI -LOB SYIR1
For contracts in excess of $100,000, the Bidder certifies that it will not and has not used
Federal appropriated funds to nay any person or organization for influencing or attempting
to infiuence an officer or employee of any agency, a member of Congress, officer or
employee -of C,�� ,gress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.
Further, the contractor agrees to disclose any lobbying with non -Federal funds that takes
place in connection with obtaining any Federal award.
CLEAN AIR ACT
For contracts in excess of $150,000, the Bidder agrees to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-
7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency and the Regional Office of
the Environmental Protection Agency (EPA).
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