ATTACHMENT F
Amendment No. 3
55575.18100\42913029.1
(BB&K 2024)
AMENDMENT NO. 03 TO THE SYSTEMWIDE FLOORING AND
INSTALLATION SERVICES A9145
BETWEEN THE CITY PALM SPRINGS AND MOHAWK COMMERCIAL, INC.
1. Parties and Date.
This Amendment No. 03 to the Systemwide flooring and installation services (A9145), is made and entered into as of this 9th day of June 2025, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Mohawk Commercial, Inc., a Delaware corporation. City and Contractor, are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. On June 15, 2022, the City Manager approved A9145, made and entered into reference to the competitively solicited Omina Partners Contract No. 2020002149 with Contractor (“Cooperative Agreement”).
2.2 Amendment No. 01, Amendment. City and Contractor entered into Amendment No. 01 to the Agreement, dated December 8, 2022, for the purpose of extending the term to continue through June 14, 2025, and amend funds by adding $225,000.00, for a total contract balance not to exceed $300,000.00.
2.3 Amendment No. 02, Amendment. City and Contractor entered into Amendment No. 02 to the Agreement, dated March 18, 202 4, for the purpose of extending the term to continue through June 14, 2025, and amend funds by adding $ 160,000.00 for a total contract balance not to exceed $460,000.00.
2.4 Amendment Purpose. City and Contractor now desire to amend the Agreement to continue services by extending one (1) year and adding $80,000.00 no to exceed the amount of $540,000.00.
2.5 Amendment Authority. This Amendment No. 03 is authorized pursuant to Section
3.3 Changes of the Agreement.
3. Terms.
3.1 Amendment. Section 3.1 Compensation and Payment of the Agreement is hereby amended in its entirety to read as follows:
“3.1 Compensation and Payment. Contractor shall be compensated and reimbursed for the services rende red under this Ag reement in accordance with the schedule of fees set forth in Exhibit “A” . The total amount of Compensation shall not exceed $540,000.00.
3.2 Amendment. Section 4.4 Term of the Agreement is hereby amended in its entirety to read as follows:
Docusign Envelope ID: 337A407F-FAC8-416E-8C95-7C57FBD21523 55575.18100\42913029.1
(BB&K 2024)
“4.4 Terms. Unless earlier terminated in accordance with Section 4.5 of this Agreement, the Agreement shall continue in full force and effect, commencing on June 15, 2022, and June 14, 2026 , unless extended by mutual written consent of the Parties.”
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 03, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 03. From and after the date of this Amendment No. 03, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 03.
3.4 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. 03.
3.5 Severability. If any portion of this Amendment No. 03 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6 Counterparts. This Amendment No. 03 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]
Docusign Envelope ID: 337A407F-FAC8-416E-8C95-7C57FBD21523 55575.18100\42913029.1
(BB&K 2024)
SIGNATURE PAGE FOR AMENDMENT NO. 03 TO THE SYSTEMWIDE FLOORING AND INSTALLATION SERVICES (A9145)
BETWEEN THE CITY PALM SPRINGS AND MOHAWK COMMERCIAL, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: ____________________________ By: ______________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______ Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Docusign Envelope ID: 337A407F-FAC8-416E-8C95-7C57FBD21523 6/10/2025
6/10/2025
6/10/2025