HomeMy WebLinkAboutReso 60-15 Dublin Crossing Amend Agreement RESOLUTION NO. 60 - 15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT WITH
FIELDMAN ROLAPP & ASSOCIATES
WHEREAS, On September 6, 2013, the City entered into an Agreement with Fieldman
Rolapp & Associates (hereinafter referred to as "Consultant") to perform consulting services
related to formation of a Community Facilities District (CFD) for the Dublin Crossings project;
and
WHEREAS, the City and the Consultant wish to extend the terms of the Agreement to the
sooner of March 31, 2015 or after the successful implementation of the CFD, and to account for
increases in the work performed; and
WHEREAS, the City agrees to increase the Consultant compensation from the original
not to exceed amount of $33,000 to a not to exceed amount of$58,000 for services performed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the First Amendment to Consulting Services Agreement with Fieldman Rolapp
& Associates to perform CFD related financing review in the amount of $58,000, attached hereto
as Exhibit A to the Resolution.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the first
Amendment to the Agreement.
PASSED, APPROVED AND ADOPTED this 5th day of May, 2015, by the following vote:
AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg, and Mayor Haubert
NOES: None
ABSENT: None
ABSTAIN: None
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Mayor
ATTEST:
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City Clerk
Reso No.60-15,Adopted 5-5-15, Item 4.8 Page 1 of 1
FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND FIELDMAN, ROLAPP &ASSOCIATES
WHEREAS, on September 6, 2013, the City of Dublin (hereinafter referred to as
"CITY") and Fieldman, Rolapp & Associates (hereinafter referred to as "CONSULTANT"),
entered into that certain Consulting Services Agreement between the City of Dublin and
Fieldman, Rolapp & Associates (hereinafter referred to as the "AGREEMENT"); and
WHEREAS, the existing AGREEMENT has a two-year term, expiring on
September 6, 2015; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to
extend the 2-year term and to increase the compensation paid by CITY to CONSULTANT.
NOW THEREFORE, for good and valuable consideration, the sufficiency of which
is hereby acknowledged, the AGREEMENT is amended as follows:
Section 1. Section 1.1 of the AGREEMENT is hereby amended to read in its entirety as
follows:
1.1 Term of Services. The term of this Agreement shall begin on the date first noted
above and shall end on March 31, 2016 or when the Consultant has completed
the services described in Exhibit A, whichever comes first, 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 provided
for in Section 8
Section 2. Section 2 of the AGREEMENT is hereby amended to read in its entirety as
follows:
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not
to exceed $58,000 (for CFD formation services), 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 the Agreement and Consultant's proposal, attached as Exhibit
A, regarding the amount of compensation, the Agreement (including any
amendments thereto), shall prevail. City shall pay Consultant for services
rendered pursuant to this Agreement at the time and 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,
Consultant shall not bill City for duplicate services performed by more than one
person.
Consultant and City acknowledge and agree that compensation paid by City to
Consultant under this Agreement is based upon Consultant's estimated costs of
providing the services required hereunder, including salaries and benefits of
employees and subcontractors of Consultant. Consequently, the parties further
agree that compensation hereunder is intended to include the costs of
contributions to any pensions and/or annuities to which Consultant and its
employees, agents, and subcontractors may be edible. City therefore has no
responsibility for such contributions beyond compensation required under this
Agreement.
Section 3.
Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date and year first above written.
CITY OF DUBLIN
Dated: By:
Chris Foss, City Manager
ATTEST: APPROVED AS TO FORM:
By: By:
Caroline Soto, City Clerk John D. Bakker, City Attorney
FIELDMAN ROLAPP & ASSOCIATES
Dated: By:
James Fabian