IRV #4837-0615-2175 v1
FIRST AMENDMENT TO SERVICES AGREEMENT BETWEEN THE CITY OF
CATHEDRAL CITY AND MKASHIWAGI CONSULTING, LLC
This First Amendment to Services Agreement (“First Amendment”) is entered into as of April 13, 2022, by and between the City of Cathedral City, a municipal corporation (“City”), and Mkashiwagi Consulting, LLC, a California Limited Liability Company (“Consultant”). The City and Consultant are collectively referred to as the “Parties”.
RECITALS
A. City and Consultant previously entered into a Services Agreement (“Agreement”).
C. This First Amendment extends the term of the Agreement, amends the compensation provisions, and updates Exhibit A to the Agreement.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:
1. AGREEMENT TO AMEND THE TERM. Section 1 of the Agreement is hereby amended and restated as follows: “Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of the Agreement shall extend to one (1) year after the execution of the First Amendment by the Parties.”
2. COMPENSATION. The following language shall be added to Section 4, subsection (b) of the Agreement: “Compensation for Phase II of the Scope of Services, will be at a rate of $150.00, per hour. The City shall pay a total not-to-exceed amount of $195,000 for all Phase II services, which includes all travel expenses incurred as part of the hourly rate.”
3. EXHIBITS. Exhibit A, attached hereto and incorporated herein, shall be added to Exhibit A of the Agreement.
4. GENERAL PROVISIONS.
4.1Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the Parties.
4.2Integration. This First Amendment constitutes the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the transaction discussed in this First Amendment.
4.3Effective Date. This First Amendment shall not become effective until the date it has been executed by the appropriate authorities of the Parties.
IRV #4837-0615-2175 v1
4.4Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment.
4.5References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to the Agreement on the date and year first written above.
CITY OF CATHEDRAL CITY
___________________________
Charles P. McClendon
City Manager
ATTEST:
_________________________
Tracey R. Hermosillo, CMC
City Clerk
APPROVED AS TO FORM
_______________________________
Eric S. Vail
City Attorney
CONSULTANT:
Date: _______________ By:
Michael Kashiwagi, P.E.
Its: _____________________________