ATTACHMENT D
AMENDMENT NO. 1 TO
CONCESSION AGREEMENT 23P069
WITH FUSE CONNECT, LLC
AMENDMENT NO. 1 TO AGREEMENT NO. 23P069
CONCESSION AGREEMENT FOR AIRPORT DISPLAY ADVERTISING
BETWEEN THE CITY PALM SPRINGS AND FUSE CONNECT, LLC
1. Parties and Date.
This Amendment No. 1 to Agreement No. 23P069 is made and entered into as of November 9, 2023, by and between the City of Palm Springs (“ City”) and Fuse Connect, LLC ("Concessionaire"). City and Concessionaire are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. The City and Concessionaire have entered into Agreement No. 23P069 dated July 1, 2023 (“Agreement”) to develop and manage the display advertising Concession for the Palm Springs International Airport. Contract Term: July 1, 2023 to June 30, 2026.
2.2 Amendment No. 1. The City and Concessionaire desire to amend the Agreement to revise the scope of work to add an additional three months for the procurement and installation of the remaining advertising fixtures for the baggage claim hallway.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section
23.3 of the Agreement.
3. Terms.
3.1 Exhibit “A” Scope of Work. Exhibit “A” Section 1.2 F is hereby revised to change the timing from four months to one year.
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement, as previously amended, remain in full force and effect, and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.
3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5 Counterparts. This Amendment No. 1 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.
[SIGNATURES ON FOLLOWING PAGE]
SIGNATURE PAGE TO AMENDMENT NO. 1 TO CONCESSION AGREEMENT NO. 23P069
BY AND BETWEEN THE CITY OF PALM SPRINGS AND FUSE CONNECT, LLC
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 as of the dates stated below.
CONCESSIONAIRE:
By: _____________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: N/A Item No. N/A
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000