ATTACHMENT A
Amendment No. 3 to 23I320
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(BB&K 2024)
AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT NO. 23I320
BETWEEN THE CITY PALM SPRINGS AND AVIATRIX COMMUNICATIONS, LLC
1. Parties and Date.
This Amendment No. 3 to Contract Services Agreement No. 23I320 is made and entered into as of this 1st day of September 2026, by and between the City of Palm Springs , a California charter city and municipal corporation (“City”), and Aviatrix Communications, LLC, a California Limited Liability Company. City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. City and Contractor entered into an agreement titled “Contract Services Agreement No. 23I320” dated September 1, 2023 (“Agreement”) for the purpose of retaining the services of Contractor to provide website support and maintenance services for the Palm Springs International Airport in an amount not to exceed of $65,258 and a term commencing on September 1, 2023, and ending on August 31, 2025.
2.2 Amendment No. 1 . City and Contractor entered into Amendment No. 1 to the Agreement, dated September 1, 2 025, for the purpose of revising the scope of services , increase compensation in the amount of $72,334 for a revised not to exceed amount of $137,592, and extend the term for one year, commencing on September 1, 2023, and ending on August 31, 2026.
2.3 Amendment No. 2 . City and Contractor entered into Amendment No. 2 to the Agreement, dated February 18, 2026, for the purpose of revising the scope of services to perform additional website accessibility services and increase compensation in the amount of $45,000 for a revised not to exceed amount of $182,592.
2.4 Amendment Purpose. City and Contractor now desire to amend the Agreement to revise the scope of services , increase compensation in the amount of $44, 750 for a revised not to exceed amount of $227,342, and extend the term for one year, commencing on September 1, 2023, and ending on August 31, 2027.
2.5 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 3.3 of the Agreement.
3. Terms.
3.1 Amendment. Section 1.1 Scope of Services of the Agreement is hereby amended to include services described in Exhibit “A3” attached hereto and incorporated herein by reference.
3.2 Amendment. Section 3.1 Compensation of Contractor of the Agreement is hereby amended in its entirety to read as follows:
“3.1 Compensation of Contractor . Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A3”. The total amount of Compensation shall not exceed $227,342 for the Term.”
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3.3 Amendment. Section 4.4 Term of the Agreement is hereby amended in its entirety to read as follows:
“ 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue for a period of four years, commencing on September 1, 2023, and ending on August 31, 2027, unless extended by mutual written agreement of the Parties”.
3.4 Continuing Effect of Agreement . Except as amended by this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3.
3.5 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. 3.
3.6 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7 Counterparts. This Amendment No. 3 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]
55575.18100\42913029.1
(BB&K 2024)
SIGNATURE PAGE FOR AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT NO. 23I320 BETWEEN THE CITY PALM SPRINGS AND AVIATRIX COMMUNICATIONS, LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: ____________________________
Signature
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 – over $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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EXHIBIT “A3”
55575.18100\42913029.1
(BB&K 2024)