HomeMy WebLinkAboutReso 12-24 Approving the Second Amendment to the Counsulting Serbices Agreement Between the City of Dublin and Economic and Planning Systems, Inc.
Reso. No. 12-24, Item 5.3, Adopted 02/20/2024 Page 1 of 2
RESOLUTION NO. 12 – 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND ECONOMIC AND PLANNING SYSTEMS, INC.
WHEREAS, the City of Dublin Two-Year Strategic Plan includes addressing Housing
Affordability and includes objectives to evaluate the City’s current inclusionary zoning
requirement, Affordable Housing In-Lieu Fee, and Commercial Linkage Fee; and
WHEREAS, Economic & Planning Systems, Inc. (EPS) was selected through a competitive
process to assist Staff with evaluating the City’s inclusionary zoning requirements, affordable
housing in-lieu fees and commercial linkage fees; and
WHEREAS, on April 18, 2023, the City of Dublin and EPS entered into a Consulting
Services Agreement for Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial
Linkage Fee Nexus Study services (Agreement) for an amount not-to-exceed $79,629. The term
of the Agreement shall begin on the Effective Date and shall end on December 31, 2023; and
WHEREAS, the agreement with EPS was subsequently amended to the extend the term
of the agreement to June 30, 2024; and
WHEREAS, on January 9, 2024, the City of Dublin held a public hearing to consider
amendments to these programs, after hearing the proposed amendments the City Council directed
additional work which is outside the scope of work and budget in the existing Agreement; and
WHEREAS, the City wishes to further amend the Agreement with EPS to modify the scope
of work and increase the compensation, and extend the term of the contract in order to address
the direction received from the City Council.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby approve
the Second Amendment to the Consulting Services Agreement with EPS, attached hereto as
Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
amendment to the Agreement, attached hereto as Exhibit A, and make any necessary, non-
substantive changes to carry out the intent of this Resolution.
{Signatures on the following page}
DocuSign Envelope ID: 563B41B7-0AB5-409A-96AB-23BC88A9C1E2
Reso. No. 12-24, Item 5.3, Adopted 02/20/2024 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 20th day of February 2024, by the following
vote:
AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
DocuSign Envelope ID: 563B41B7-0AB5-409A-96AB-23BC88A9C1E2
Exhibit A to the Resolution
Page 1 of 2
AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF
DUBLIN AND
ECONOMIC AND PLANNING SYSTEMS, INC. (EPS)
WHEREAS, on April 18, 2023, the City of Dublin (hereinafter referred to as
"CITY") and Economic & Planning Systems (EPS ) (hereinafter referred to as
"CONSULTANT") entered into a Consulting Services Agreement for Inclusionary Zoning
and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study services
WHEREAS, on January 10, 2024, a First Amendment to the AGREEMENT was
entered into to extend the term of service to June 30, 2024; and
WHEREAS, the City Council has directed additional work which is outside the
scope of work and budget in the existing AGREEMENT; and
WHEREAS, the CITY and CONSULTANT now mutually desire to amend the
AGREEMENT to include the additional scope of work, extend the term, and increase the
compensation.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1.0 Services shall be amended as follows and all other provision of this section
shall remain unchanged:
SERVICES. Subject to the terms and conditions set forth in the AGREEMENT,
CONSULTANT shall provide to CITY the amended services described in the Scope of
Work attached as Exhibit A, all other provisions of this section shall remain unchanged.
2) Section 1.1 Term of Services shall be amended as follows and all other provision of
this section shall remain unchanged:
The term of this agreement shall end on December 31, 2024.
3) Section 2.0 Compensation shall be amended as follows and all other provision of this
section shall remain unchanged:
COMPENSATION. CITY hereby agrees to pay CONSULTANT a sum not to exceed
$110,292 which includes a contingency reserve of $18,382 to be approved for use by
the City Manager. CONSULTANT shall provide to CITY the amended services as
shown in the Budget attached as Exhibit A, all other provisions of this section shall
remain unchanged.
4) Except to the extent inconsistent with this Second Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
DocuSign Envelope ID: 563B41B7-0AB5-409A-96AB-23BC88A9C1E2
Exhibit A
Page 2 of 2
5) All requisite insurance policies to be maintained by the CONSULTANT pursuant to
the AGREEMENT, as may have been amended from time to time, shall include
coverage for the amended term, as described above.
6) The individuals executing this Second Amendment and the instruments referenced in
it on behalf of Consultant each represent and warrant that they have the legal power,
right, and actual authority to bind Consultant to the terms and conditions of this
Second Amendment
SIGNATURES ON FOLLOWING PAGE
DocuSign Envelope ID: 563B41B7-0AB5-409A-96AB-23BC88A9C1E2
Exhibit A
Page 3 of 2
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be
executed as of the date .
CITY OF DUBLIN ECONOMIC & PLANNING SYSTEMS, INC.
By: _____________________________ By: _____________________________
Linda Smith, City Manager Ashleigh Kanat, Principal
Dated:
ATTEST:
By: _____
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By: _____________________________
City Attorney
5589310.2
DocuSign Envelope ID: 563B41B7-0AB5-409A-96AB-23BC88A9C1E2