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Home My WebLink AboutItem 4.19 Public Facilities Fee CITY CLERK File # D[1L][Q][Q]-[~[QJ AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 15, 2008 SUBJECT: Amendment to Consulting Services Agreement with Willdan Financial Services (formerly MuniFinancial) for Public Facilities Fee Update Report by Diane Lowart Parks & Community Services Director ATTACHMENTS: Resolution approving Amendment No. 1 RECOMMENDATION: ~J FINANCIAL STATEMENT: Adopt Resolution approving Amendment The proposed amendment will increase the fee for services by $12,000 from $25,000 to $37,000. However, a budget change is not necessary as $14,864 was budgeted in Fiscal Year 2008-2009 and a carry over from the close out of Fiscal Year 2007-2008 will provide the additional funding of $22,136. DESCRIPTION: The City of Dublin and MuniFinancial entered into an Agreement dated December 20,2005 whereby MuniFinancial agreed to provide consulting services pertaining to the analysis and update of the City's Public Facilities Fees. Subsequent to entering into the Agreement, MuniFinancial changed its name to Willdan Financial Services, Inc. The Agreement has since expired and the work to be undertaken as part of the contract has not been completed. This is due to delay in completing the Work Place Programming Study for the Civic Center and the Maintenance Yard and Emergency Operations Center Study. The information contained in both these studies was needed in order to complete the update to the Public Facilities Fee. Consequently it is necessary to amend the agreement to allow for completion of the work. In addition, due to the delay by the City and the necessity for the Contractor to update the assumptions previously provided, it is necessary to increase the amount to be paid to the Consultant by $12,000. However, a budget change is not necessary as $14,864 was budgeted in Fiscal Year 2008-2009 and a carry over from the close out of Fiscal Year 2007-2008 will provide the additional funding of$22,136. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution amending the Agreement with Willdan Financial Services Inc. ------------------------------------------------------------------------------------------------------------- COpy TO: Willdan Financial Services, Inc. Page 1 of 1 ITEM NO. !f /1 A' , RESOLUTION NO. - 08 l f1b tf 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. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: Interim City Clerk 1t~;t Ltlo, 111~/r1l ATTACHMENT 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 into 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. E;l..hL-0,f -fa RE=v 3~ L-\ IN WITNESS WHEREOF, the parties hereto have cause this Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Janet Lockhart, Mayor Attest: Carolyn Parkinson, Interim City Clerk Approved as to Form: John D. Bakker, City Attorney y~y 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.