HomeMy WebLinkAboutReso 38-24 Item 5.2 Approving Amendment #2 to the Consulting Services Agreement with Lynx TechnologiDocuSign Envelope ID: 18F374E7-BB2F-42F5-82C6-28ABC1B2890E
RESOLUTION NO. 38 — 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT #2 TO THE CONSULTING SERVICES AGREEMENT WITH
LYNX TECHNOLOGIES, INC. FOR GIS CONSULTING SERVICES
WHEREAS, on June 1, 2021, the City Council adopted Resolution No. 53-21 approving an
Agreement with Lynx Technologies, Inc. for geographic information systems (GIS) consulting
services; and
WHEREAS, on April 18, 2023, the City Council adopted Resolution No. 30-23 approving
Amendment #1 with Lynx Technologies, Inc. to increase the not -to -exceed compensation amount
to $357,000 and modify the scope of work and compensation schedule; and
WHEREAS, the City and Consultant mutually desire to amend the Agreement to extend
the term and increase the compensation amount.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
herby approve Amendment #2 with Lynx Technologies, Inc.
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.
PASSED, APPROVED AND ADOPTED this 4th day of June 2024, by the following vote:
AYES: Councilmembers Josey, McCorriston, Qaadri and Mayor Pro Tempore Hu
NOES:
ABSENT:
ABSTAIN:
ATTEST:
DocuSigned by:
r
C
City er`cLF4V
DocuSigned by:
Ilt(,ravriSfbin,
Mayor
Reso. No. 38-24, Item 5.2, Adopted 06/04/2024 Page 1 of 1
DocuSign Envelope ID: 18F374E7-BB2F-42F5-82C6-28ABC1B2890E
Exhibit A
AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND LYNX TECHNOLOGIES, INC.
FOR GIS CONSULTING SERVICES
WHEREAS, on July 1, 2021, the City of Dublin (hereinafter referred to as
"CITY") and Lynx Technologies, Inc. (hereinafter referred to as " CONSULTANT ") entered
into a Consulting Services Agreement for GIS Consulting services (hereinafter referred to
as the "AGREEMENT"); and
WHEREAS, on April 18, 2023, the City Council adopted Resolution 30-23
approving Amendment No. 1 to the Consulting Services Agreement for GIS Consulting
Services; and
WHEREAS, the existing AGREEMENT is set to expire on June 30, 2024; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement
to extend the term through June 30, 2026 by modifying section 1.1 of the Agreement, and to
increase the not -to -exceed compensation amount to $467,000 by modifying Section 2 of the
Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date and
shall end on June 30. 2026, the date of completion specified in Exhibit A, and
Consultant shall complete the work described in Exhibit A on or before that date, unless
the term of the Agreement is otherwise terminated or extended, as provided for in
Section 8. The time provided to Consultant to complete the services required by this
Agreement shall not affect the City's right to terminate the Agreement, as referenced
in Section 8. Notwithstanding the foregoing this Agreement may be extended on a
month to month basis for up to 6 months upon the written consent of the Consultant
and the City Manager, provided that: a) sufficient funds have been appropriated for
such purchase, b) the price charged by the Consultant for the provision of the serves
described in Exhibit A does not increase. None of the foregoing shall affect the City's
right to terminate the Agreement as provided for in Section 8.
2) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety and
replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed $467,000, notwithstanding any contrary indications that may be contained in
Consultant's proposal, for services to be performed and reimbursable costs incurred
under this Agreement. In the event of a conflict between this Agreement and
Consultant's proposal, attached as Exhibit A, regarding the amount of compensation,
the Agreement shall prevail. City shall pay Consultant for services rendered pursuant
Page 1 of 3
DocuSign Envelope ID: 18F374E7-BB2F-42F5-82C6-28ABC1B2890E
to this Agreement at the time and in the manner set forth herein. The payments
specified below shall be the only payments from City to Consultant for services
rendered pursuant to this Agreement. Consultant shall submit all invoices to City in
the manner specified herein. Except as specifically authorized by City in writing,
Consultant shall not bill City for duplicate services performed by more than one person.
3) Except to the extent inconsistent with this Second Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
4) 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.
5) The individuals executing this 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
Amendment.
SIGNATURES ON THE FOLLOWING PAGE
Page 2 of 3
DocuSign Envelope ID: 18F374E7-BB2F-42F5-82C6-28ABC1B2890E
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be
executed as of the date of the City Manager's signature below.
CITY OF DUBLIN LYNX TECHNOLOGIES, INC.
DocuSigned by:
By: By: 179afv'i
Linda Smith, City Manager fi-C y el1eher, CEO
Dated:
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
Page 3 of 3