HomeMy WebLinkAboutAgreement - Circlepoint, Inc. - Contract No. 22CDD1034-1 - 1st Amendment - EIR for Gilroy Data Center - Signed 2024-02-08City of Gilroy
Agreement/Contract Tracking
Today’s Date: January 9, 2024 Your Name: Monica Sendejas
Contract
Type:
Services over $5k - Consultant Phone Number: 408-846-0266
Contract Effective Date:
(Date contract goes into effect)
6/27/2022
Contract Expiration Date: 12/31/2024
Contractor / Consultant Name:
(if an individual’s name, format as
last name, first name)
Circlepoint, Inc.
Contract Subject:
(no more than 100 characters)
Prepare an Environmental Impact Report (EIR) for the Gilroy Data
Center Project (AWS) - Amendment 1
Contract Amount:
(Total Amount of contract. If no
amount, leave blank)
$207,252.05
By submitting this form, I confirm
this information is complete:
➢Date of Contract
➢Contractor/Consultant name and complete address
➢Terms of the agreement (start date, completion date or “until
project completion”, cap of compensation to be paid)
➢Scope of Services, Terms of Payment, Milestone Schedule and
exhibit(s) attached
➢Taxpayer ID or Social Security # and Contractors License # if
applicable
➢Contractor/Consultant signer’s name and title
➢City Administrator or Department Head Name, City Clerk
(Attest), City Attorney (Approved as to Form)
Routing Steps for Electronic Signature
Risk Manager
City Attorney Approval As to Form
City Administrator or Department Head
City Clerk Attestation
Sharon Goei, Community Development Director
DocuSign Envelope ID: 1A64A684-8318-4EB7-9089-593B5D0728EB
-1-4845-8215-5540v1
MDOLINGER\04706083
FIRST AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF
GILROY AND CIRCLEPOINT, INC.
WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Circlepoint, Inc. entered
into that certain agreement entitled Agreement for Services, effective on 6/27/2022, hereinafter
referred to as “Original Agreement”; and
WHEREAS, City and Circlepoint, Inc. have determined it is in their mutual interest to amend
certain terms of the Original Agreement.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS
FOLLOWS:
1.Article 1. Term of the Agreement of the Original Agreement shall be amended to read as
follows:
“This agreement will become effective on June 27, 2022 and will continue into effect through
December 31, 2024 unless terminated in accordance with the provisions of Article 7 of this
Agreement.”
2.Article 3, Section A (Specific Services) of the Original Agreement shall be amended to include
Exhibit “B-1” (“Scope of Services”).
3.Article 4, Section A (Consideration) of the Original Agreement shall be amended to include
Exhibit “D-1” (“Payment Schedule”).
4.Article 4, Section A (Consideration) of the Original Agreement shall be amended to read as
follows:
“In consideration for the services performed by CONSULTANT, CITY agrees to pay
CONSULTANT the amounts set forth in Exhibit “D” (Payment Schedule”). In no event
however shall the total compensation paid to CONTRACTOR exceed $207,252.05.”
4.This Amendment shall be effective retroactively on 12/1/2023.
5.Except as expressly modified herein, all of the provisions of the Original Agreement shall
remain in full force and effect. In the case of any inconsistencies between the Original Agreement and
this Amendment, the terms of this Amendment shall control.
6.This Amendment may be executed in counterparts, each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the
dates set forth besides their signatures below.
[Signatures on the next page.]
DocuSign Envelope ID: 1A64A684-8318-4EB7-9089-593B5D0728EB
-2-4845-8215-5540v1
MDOLINGER\04706083
CITY OF GILROY CIRCLEPOINT, INC.
By: By:
[signature] [signature]
Jimmy Forbis Audrey Zagazeta
[employee name] [name]
City Administrator President and CEO
[title/department] [title]
Date: Date:
Approved as to Form ATTEST:
City Attorney City Clerk
DocuSign Envelope ID: 1A64A684-8318-4EB7-9089-593B5D0728EB
1/17/20242/8/2024
EXHIBIT “B-1”
SCOPE OF SERVICES
Attendance at Meetings in Exceedance of Original Assumptions:
•Consultant attendance at nine (9) additional meetings, with additional meeting(s)
anticipated.
Public Scoping Meeting:
•Prepare an agenda and slides for the scoping meeting presentation.
Air Quality Impact Assessment (AQIA):
•Two additional reviews and coordination of the required revisions for each version of the
AQIA (with the exception of Consultant’s initial review), which are necessary to ensure
legal defensibility in the case of a challenge to the EIR.
Transportation Analysis Memorandum:
•Coordinate with Hexagon Transportation Consultants, Inc. to walk the City through their
peer review of the original Transportation assessment and to ultimately prepare a new
assessment to support the EIR.
•Review and incorporate a new memorandum, prepared by Hexagon, into the EIR.
DocuSign Envelope ID: 1A64A684-8318-4EB7-9089-593B5D0728EB
EXHIBIT “D-1”
PAYMENT SCHEDULE
Consultant will reallocate funds within the existing budget and receive $32,252.05 in additional
funds, for a total contract amount of $207,252.05.
.
DocuSign Envelope ID: 1A64A684-8318-4EB7-9089-593B5D0728EB