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HomeMy WebLinkAboutReso 136-08 MuniFinancial Agmt RESOLUTION NO. 136 - 08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AMENDMENT NO.1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND MUNIFINANCIAL WHEREAS, the City of Dublin and MuniFinancial entered into that certain agreement dated December 20, 2005 whereby MuniFinancial agreed to provide certain consulting services pertaining to the analysis of City's Public Facilities Fees and more completely described in Exhibit A of the Agreement; and WHEREAS, subsequent to entering into the Agreement, MuniFinancial changed its name to Willdan Financial Services, Inc.; and WHEREAS, pursuant to Section 1.1, the Agreement expired on June 20, 2006, notwithstanding that the work agreed to in the Agreement had not been completed, through no fault of Consultant; and WHEREAS, City and Consultant have agreed to extend the life of the Agreement to allow for completion of the work described, and to increase the amount to be paid Consultant beyond the amount described in Exhibit B of the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin does approve Amendment No.1 to the agreement with MuniFinancial, attached hereto, and authorize the Mayor to execute the Amendment. PASSED, APPROVED AND ADOPTED this 15th day of July, 2008, by the following vote: AYES: Councilmembers Hildenbrand, Sbranti, and Scholz and Mayor Lockhart NOES: None ABSENT: Councilmember Oravetz ABSTAIN: None ATTEST: ~L.~~ Deputy City Clerk Reso No. 136-08, Adopted 7/15/08, Item 4.19 Page 1 of 1 AMENDMENT NO.1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND MUNIFINANCIAL THIS FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT is hereby entered into this 15th day of July, 2008 by and between the City of Dublin ("City") and Willdan Financial Services, Inc. ("Consultant). RECITALS A. City and MuniFinancial entered in~o that certain agreement dated December 20, 2005 ("Agreement") whereby MuniFinancial agreed to provide certain consulting services pertaining to the analysis of City's Public Facilities Fees and more completely described in Exhibit A of the Agreement. B. Subsequent to entering into the Agreement, MuniFinancial changed its name to Willdan Financial Services Inc. C. Pursuant to Section 1.1, the Agreement expired on June 20, 2006, notwithstanding that the work agreed to in the Agreement had not been completed, through no fault of Consultant. D. City and Consultant have agreed to extend the life of the Agreement to allow for completion of the work described, and to increase the amount to be paid Consultant beyond the amount described in Exhibit B of the Agreement. NOW, THEREFORE, CITY AND CONSULTANT hereby agree as follows: 1. Pursuant to the provisions of 10.5 of the Agreement, the provisions of the Agreement shall inure to the benefit of Willdan Financial Services, Inc. and shall apply to and bind Willdan Financial Services, Inc. All references to "Consultant" in the Agreement and in this First Amendment shall be construed to refer to Willdan Financial Services, Inc. 2. Section 1.1 of the Agreement is hereby amended to read in full as follows: "1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end no later than December 31, 2008, 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 rights to terminate the Agreement, as provided for in Section 8." 3. EXHIBIT B of the Agreement is hereby replaced with EXHIBIT 1 to this Amendment. 4. All other provisions of the Agreement shall remain in effect. IN WITNESS WHEREOF, the parties hereto have cause this Amendment to be executed as of the date and year first above written. '/l net Lockhart, Mayor CITY OF DUBLIN ~[./.~ CarolYA ParkiR30n, 1.ltelilll City Clcrl< CdY"D\i",e p. 'S.(Jfo I Dep\1tj C i~CIe-r ~ Approved as to Form: tlu~~l 71 v C;)~ ~-v John D. Bakker, City Attorney EXHIBIT 1 Revised Exhibit B to the Agreement ["Compensation"] We will complete this study for a fixed price fee of $37,000, including all direct expenses. We will invoice the City monthly based on the percent of each task completed.