HomeMy WebLinkAboutE-5 Staff Report - First Amendment with MIG - DMICCONSENT ITEM
E-5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MATT MARQUEZ, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR
DATE: NOVEMBER 16, 2020
SUBJECT: REQUEST TO AMEND EXISTING PROFESSIONAL SERVICES AGREEMENTS
WITH MIG TO PROVIDE ENVIRONMENTAL CONSULTANT SERVICES FOR
THE DHAMMAKAYA INTERNATIONAL MEDITATION (DIMC) CENTER
LOCATED AT 865 E. MONROVIA PLACE
BACKGROUND:
The Planning Division is working on Design Review for the Dhammakaya International Meditation
Center (DIMC): The scope of the project is outlined below:
1. Adjust the existing phasing plan;
2. Modify the Meditation Hall and Parking Lot Design; and
3. Modify the landscape plan and other project details.
The consultant is currently working on the environmental aspect of the project during the entitlement
process.
On June 3, 2019, the City Council approved Professional Service Agreement with MIG to conduct the
environmental analysis of the Dhammakaya International Meditation Center (DIMC) project.
RECOMMENDATION:
Staff recommends that the City Council take the following actions:
1)Approve First Amendment to Professional Services Agreement with MIG to provide
environmental consultant services for the Dhammakaya International Meditation Center (DIMC)
that would extend the contract to June 3, 2021.
2)Authorize the City Manager to prepare and execute the agreements, in a form acceptable to the
City Attorney, on behalf of the City.
APPROVED
CITY COUNCIL
11/16/2020
PSA First Amendment MIG – Dhammakaya International Meditation Center (DIMC)
November 16, 2020
Page 2
ANALYSIS:
Due to the state and local State of Emergency resulting from the threat of Novel Coronavirus (COVID-
19), Governor Newsom issued several Executive Orders that impacted the project’s timeline. The
project is currently back on track and is moving forward. Therefore, the contract needs to be extended
in order to complete the project. The contract was originally approved on June 3, 2019 and expired on
June 3, 2020. The new contract expiration is June 3, 2021.
FISCAL IMPACT:
All costs associated with the consultant project review and environmental document preparation will be
paid by the project applicant. There is no fiscal impact associated with the proposed recommendations.
Prepared by: Reviewed by:
Manuel Muñoz Matt Marquez
Planning Manager Director of Economic and Community Development
Fiscal Reviewed by: Reviewed and Approved by:
Talika M. Johnson Sergio Gonzalez
Director of Finance City Manager
Attachments:
1) First Amendment to Professional Service Agreement with MIG - Dhammakaya International
Meditation Center
FIRST AMENDMENT TO OPERATING CONTRACT
FOR PROFESSIONAL SERVICES BETWEEN THE
CITY OF AZUSA AND MIG LLC.
ARTICLE 1. PARTIES AND DATE
This First Amendment to the Professional Service Agreement for Consulting Services
dated as of the May 11, 2020, is entered into by and between the City of Azusa (“City”) and
MIG Inc. (“Consultant”). City and Consultant are sometimes individually referred to herein as
“Party” and collectively as “Parties.”
ARTICLE 2. RECITALS
2.1 City and Consultant entered in the Professional Service Agreement for Consulting
Services dated May 11, 2020 (“Agreement”), whereby Consultant agreed to provide
professional services to the City regarding the Dhammakaya International Meditation Center
(“Project”) located at 865 E Monrovia Pl, Azusa, CA 91702. The term of the project began June
3, 2019 till June 3, 2020, unless earlier terminated.
2.2 The City and Consultant now desire to amend the Agreement to change the term
of the project.
ARTICLE 3. TERMS
3.2 Section 3.1.2 “Term” of the Agreement is hereby deleted in its entirety and
replace with a new Section 3.2.1 to read as follows:
“3.1.2 Term. The Term of this Agreement shall be from June 3, 2019 to June 3,
2021, unless earlier terminated as provided herin. Consultants shall complete the Services within
the term of this Agreement, and shall meet any other established scheduled and deadlines. The
parties may, by mutual written consent, extend the term of this Agreement if necessary to
complete the Services.”
3.4 Continuing Effect of Agreement. Except as amended by this Amendment, all
provisions of the Agreement shall remain unchanged and in full force and effect. From and after
the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall
mean the Agreement as amended by this Amendment.
3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that
the have each received adequate and independent considerations for the performance of the
obligations they have undertaken pursuant to this Amendment.
3.6 Counterparts. This Amendment may be executed in duplicate originals, each of
which is deemed to be an original, but when taken together shall constitute but one and the same
instrument.
Attachment 1
First Amendment to the Professional Service Agreement – MIG Consulting
Dhammakaya International Meditation Center (DIMC) - 865 E Monrovia Pl
November 16, 2020
Page 2 of 3
[SIGNATURES ON NEXT PAGE]
First Amendment to the Professional Service Agreement – MIG Consulting
Dhammakaya International Meditation Center (DIMC) - 865 E Monrovia Pl
November 16, 2020
Page 3 of 3
CITY OF AZUSA MIG INC.
By: ________________________________ By: ________________________________
Sergio Gonzalez, City Manager
Name: ______________________________
Attest:
Title: _______________________________
____________________________________
Jeffrey Cornejo, City Clerk
Approved as to Form:
Best Best & Krieger LLP
_____________________________________
Marco Martinez, City Attorney