HomeMy WebLinkAboutReso 39-24 Item 5.2 Approving Amendment #2 to the Consulting Services Agreement with Pakpour ConsultDocuSign Envelope ID: 18F374E7-BB2F-42F5-82C6-28ABC1B2890E
RESOLUTION NO. 39 — 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT #2 TO THE CONSULTING SERVICES AGREEMENT WITH
PAKPOUR CONSULTING GROUP, INC. FOR DEVELOPMENT REVIEW AND
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
WHEREAS, on June 15, 2021, the City Council adopted Resolution Numbers 72-21 and
73-21 approving an Agreement for On -Call Construction Management and Inspection Services
and Development Review Services with Pakpour Consulting Group, Inc. for a not -to -exceed
amount of $2,000,000 over a three-year term; and
WHEREAS, on December 16, 2021, the City Manager approved Amendment #1 to the
Agreement, which added an Emergency Operations Assistance section to the Agreement,
whereby Pakpour Consulting Group, Inc., agreed to provide services during a local or regional
emergency; 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 Pakpour Consulting Group, 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:
CityUClerk
�DocuSigned by:
�ll(�tat 114,(,rble tSfbin,
Mayor
Reso. No. 39-24, 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 PAKPOUR CONSULTING GROUP, INC.
WHEREAS, on July 1, 2021, the City of Dublin (hereinafter referred to as
"CITY") and Pakpour Consulting Group, Inc. (hereinafter referred to as (" CONSULTANT")
entered into a Consulting Services Agreement for On -Call Development Review and On -
Call Construction Management and Inspection (hereinafter referred to as the
"AGREEMENT"); and
WHEREAS, on December 16, 2021 the City Manager approved Amendment
No. 1 to the Consulting Services Agreement for Emergency Operations Assistance; and
WHEREAS, the existing AGREEMENT will 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 $3,000,000 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 $3,000,000, notwithstanding any contrary indications that may be contained in
the Consultant's proposal, for services to be performed and reimbursable costs
incurred under his Agreement. In the event of a conflict between this Agreement and
the Consultant's proposal, regarding the amount of compensation, the Agreement shall
prevail. City shall pay Consultant for services rendered pursuant to this Agreement at
the time and in the manner set forth herein. Consultant shall submit all invoices to City
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DocuSign Envelope ID: 18F374E7-BB2F-42F5-82C6-28ABC1B2890E
in the manner specified herein. Except as specifically authorized by City, 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
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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 PAKPOUR CONSULTING GROUP, INC.
By:
Linda Smith D'Ambrosio, City Manager
Dated:
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
6A52E332D449452
By:
oubin Pakpour, P
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