ATTACHMENT D
Amendment No. 1
AMENDMENT #1 TO CONTRACT SERVICES AGREEMENT NO. A9145
FOR SYSTEMWIDE FLOORING AND INSTALLATION SERVICES
OMNIA PARTNERS CONTRACT 2020002149
This Amendment No. 1 to the Contract Services Agreement ( A9145), (“Amendment No. 1”), is made and entered into this _____ day of _____________, 202 2, by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and Mohawk Commercial, Inc. , a Delaware corporation, hereinafter designated as the Contractor. City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. On June 15, 2022, the City Manager approved A9145, made and entered into in reference to the competitively solicited Omnia Partners Contract No. 2020002149 with Contractor (“Cooperative Agreement”).
B. City desire to extend the Term of Contract Services Agreement No. 9145 (A9145) through June 14, 2025, and amend A9145 to add $225,000, for maximum contract amount not to exceed $300,000.
C. Contractor desires to perform said services on the terms and conditions set forth in this Amendment.
In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:
AGREEMENT
SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this Third Amendment.
SECTION 2. 3.1 Compensation and Payment. Is hereby replaced in its entirety as follows:
“3.1 Compensation and Payment. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $300,000.”
SECTION 3. 4.4 Term. Is hereby replaced in its entirety as follows:
“4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect, commencing on June 15, 2022, and DocuSign Envelope ID: 2844807F-8605-4C08-9354-1616B1AFEC40 December8th
continuing through June 14, 202 5, unless extended by mutual written consent of the Parties.”
SECTION 4. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement A9145, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the pr ovisions of this Amendment No. 1 and any provisions of the Contract Services Agreement A9145, the provisions of this Amendment No. 1 shall in all respects govern and control.
SECTION 5. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (I) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1 , such party is formal ly bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said Party is bound.
Except as specifically amended by this Amendment No. 1 , all terms and provisions of Agreement No. A9145 remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 2844807F-8605-4C08-9354-1616B1AFEC40 SIGNATURE PAGE TO AMENDMENT NO. 1 (A9145) BY AND BETWEEN THE CITY OF PALM SPRINGS AND MOHAWK COMMERCIAL, INC.
IN
WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONT
RACTOR:
By
:___________________________ By:____________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:
CI
TY OF PALM SPRINGS:
APP
ROVED BY CITY COUNCIL:
Date: December 5, 2022__ Item No. 1.D.
APP
ROVED AS TO FORM: ATTEST:
By: ___________________________ By:
City Attorney Cit y Clerk
APPR
OVED:
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
12/7/2022
DocuSign Envelope ID: 2844807F-8605-4C08-9354-1616B1AFEC40 12/8/2022