AMENDMENT NO. 1
TO THE AGREEMENT FOR
DESIGN PROFESSIONAL SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
VERDE DESIGN, INC.
In accordance with the “Agreement for Design Professional Services” dated June 22, 2022, (“Agreement”), by and between the City of Cathedral City, a municipal corporation (“City”) and Verde Design, Inc. a California corporation (“Consultant”), and in accordance with Section 27 of the Agreement, entitled, “Amendments”, this Amendment Number No. 1 to the Agreement is made and entered into this 10th day of September 2025 (“Effective Date”).
RECITALS
A. Consultant currently provides the City with professional design and engineering services for the Esperanza Park (formerly known as the Dream Homes Park) Project, CIP No. C07021.
B. Pursuant to Section 27 of the Agreement, the City and Design Professional can amend the contract in writing once approved by both parties.
C. City and Design Professional desire to amend the Agreement as per Section 1, to:
extend the contract term an additional six (6) months to complete the production and recording of as-built drawings for the project.
D. The City has revised its standard contract language since the original agreement was executed in 2022. As part of this amendment, Section 13 – Unauthorized Aliens and Section 34 – Electronic Signature have been incorporated as Section 2 and Section 3 of this amendment, respectively, in order to align the existing agreement with the City’s current contract standards.
NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:
Section 1. The agreement termination date as set forth in the Agreement is hereby amended such that it shall expire at the end of business day on December 22, 2025.
Section 2. Unauthorized Aliens
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of the Services and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such
liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
Section 3. Electronic Signature
The Parties agree that, in accordance with the City’s Electronic Signature Use Policy, adopted on August 10, 2023, and as amended thereafter, the Parties may use electronic signatures to execute this Agreement. Any use of electronic signatures to execute this Agreement shall comply with the City’s Electronic Signature Use Policy, and such signatures shall have the same force and effect as if this Agreement were executed by hand. Contractor acknowledges that it has had an opportunity to request and review the City’s Electronic Signature Use Policy, and Contractor agrees to comply with the Electronic Signature Use Policy. Contractor agrees to indemnify, defend, and hold the City harmless from any claim, damage, or liability associated with transmitting an electronic signature or an electronically signed record by electronic transmission.
Section 4. Except as specifically amended by this Amendment No. 1, the remaining terms of the Agreement shall remain in full force and effect. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control.
SUMMARY:
Amendment No. 1 extends the contract end date to December 22, 2025, and updates the Agreement to the City’s standard agreement for services.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. 1 to be executed as of the date first written above.
CITY OF CATHEDRAL CITY VERDE DESIGN, INC.
By: Charles P. McClendon By: Mark Baginski, RLA, LEED ,AP City Manager Principal
ATTEST:
By: Tracey R. Hermosillo, CMC By:
City Clerk
By: Eric S. Vail
City Attorney