HomeMy WebLinkAboutReso 107-22 Approving the First Amendment to the Contractor Services Agreement with European Mobile Werks for On-Call Maintenance and Repair ServicesRESOLUTION NO. 107 — 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE FIRST AMENDMENT TO THE CONTRACTOR SERVICES AGREEMENT
WITH EUROPEAN MOBILE WERKS FOR ON -CALL MAINTENANCE AND REPAIR
SERVICES
WHEREAS, the City of Dublin uses European Mobile Werks for on -call maintenance and
repair services of Dublin Police vehicles; and
WHEREAS, on September 1, 2021, the City of Dublin and European Mobile Werks entered
into an agreement for on -call maintenance and repair to police vehicles with a not -to -exceed
amount of $44,500; and
WHEREAS, the current agreement with European Mobile Werks expires on June 30, 2024;
and
WHEREAS, due to an aging fleet of police vehicles outside the factory warranty, and
increases in maintenance and repair costs, the current not -exceed amount of $44,500 was utilized
in Fiscal Year 2021-22; and
WHEREAS, the City and European Mobile Werks now wish to amend the agreement to
increase the not -to -exceed amount by $120,000 for a total of $164,500 based on anticipated
maintenance and historical data; and
WHEREAS, there is sufficient funding in the Police Operating budget for this amendment
in the current year, with the balance included in the Fiscal Year 2023-24 proposed budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the First Amendment to the Contractor Services Agreement with European Mobile
Werks attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute
the amendment to the agreement with European Mobile Werks and make any necessary minor
adjustments to carry out the intent of this Resolution.
{Signatures on the following page}
Reso. No. 107-22 Item 4.7, Adopted 09/06/2022 Page 1 of 2
PASSED, APPROVED AND ADOPTED this 6th day of September 2022, by the following
vote:
AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
,-DocuSigned by:
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Mayor
ATTEST:
DocuSigned by'
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Reso. No. 107-22 Item 4.7, Adopted 09/06/2022 Page 2 of 2
DocuSign Envelope ID: A64F5B27-3932-4EC4-9C79-F16BA52D0C77
Exhibit A
FIRST AMENDMENT TO THE CONTRACTOR SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND EUROPEAN MOBILE WERKS
FOR ON -CALL MAINTENANCE AND REPAIR SERVICES
WHEREAS, on September 1, 2021, the City of Dublin (hereinafter referred to as
"CITY") and European Mobile Werks (hereinafter referred to as "CONTRACTOR") entered
into a Contractor Services Agreement for On -Call Maintenance and Repair Services for
Emergency Police Vehicles (hereinafter referred to as the "AGREEMENT"); and
WHEREAS, the existing AGREEMENT expires on June 30, 2024; and
WHEREAS, due to an aging fleet of police vehicles outside the factory warranty,
maintenance and repair costs have increased significantly; and
WHEREAS, the current not -to -exceed amount of $44,500 was utilized for vehicle
maintenance and repair in Fiscal Year 2021-22 with two Fiscal Years remaining in the
agreement; and
WHEREAS, THE CITY and CONTRACTOR now wish to amend the AGREEMENT to
increase the not -to -exceed amount by $120,000 for a total of $164,500 based on anticipated
maintenance and historical data.
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is
hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 2 - shall be rescinded and replaced with the following:
owing:
COMPENSATION. City hereby agrees to pay CONTRACTOR a sum not to exceed
$164,500, notwithstanding any contrary indications that may be contained in
CONTRACTOR's proposal, for services to be performed and reimbursable costs
incurred under this Agreement. In the event of a conflict between this Agreement and
CONTRACTOR's proposal, attached as Exhibit B, regarding the amount of
compensation, the Agreement shall prevail. City shall pay CONTRACTOR for
services rendered pursuant 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
CONTRACTOR for services rendered pursuant to this Agreement. CONTRACTOR
shall submit all invoices to City in the manner specified herein. Except as specifically
authorized by City in writing, CONTRACTOR shall not bill City for duplicate services
performed by more than one person.
CONTRACTOR and City acknowledge and agree that compensation paid by City to
CONTRACTOR under this Agreement is based upon CONTRACTOR's actual costs
of providing the services required hereunder, including salaries and benefits of
Page 1 of 3
DocuSign Envelope ID: A64F5B27-3932-4EC4-9C79-F16BA52D0C77
Exhibit A
employees and subcontractors of CONTRACTOR. Consequently, the Parties further
agree that compensation hereunder is intended to include the costs of contributions
to any pensions and/or annuities to which CONTRACTOR and its employees, agents,
and subcontractors may be eligible. City therefore has no responsibility for such
contributions beyond compensation required under this Agreement.
2) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
3) All requisite insurance policies to be maintained by the CONTRACTOR pursuant to
the Agreement, as may have been amended from time to time, shall include
coverage for the amended term, as described above.
4) The individuals executing this Amendment and the instruments referenced in it on
behalf of CONTRACTOR each represent and warrant that they have the legal power,
right and actual authority to bind CONTRACTOR to the terms and conditions of this
Amendment.
SIGNATURES ON THE FOLLOWING PAGE
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DocuSign Envelope ID: A64F5B27-3932-4EC4-9C79-F16BA52D0C77
Exhibit A
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date of the City Manager's signature below.
CITY OF DUBLIN
By:
Linda Smith, City Manager
Dated:
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
EUROPEAN MOBILE WERKS
- DocuSigned by:
rok i,yuvy
By: 6BA4C3653E424C2...
Milton Rodriguez, Owner
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