AGREEMENT —AMENDMENT NO. 1 TO
AGREEMENT FOR SERVICES BETWEEN
THE CITY OF SALINAS AND
TOVAR STRATEGIES, INC., DBA TMD CREATIVE
This Amendment No. 1 to the Agreement for Services (the “Amendment”) is entered into this 23rd day of March, 2022, by and between the City of Salinas (the “City”) and Tovar Strategies, DBA TMD Creative (the “Contractor”). City and Contractor may be individually referred to herein as a “Party” and collectively the City and Contractor may be referred to as the “Parties.”
RECITALS
WHEREAS, the City and Contractor first entered into an Agreement for Services effective August 10, 2021, pursuant to which Contractor agreed to act as and provide certain services to the City for compensation (the “Agreement”); and WHEREAS, the City and Contractor desire to amend the Agreement to reflect the legal name change of the Contractor from The Marketing Department, DBA TMD Creative to Tovar Strategies, DBA TMD Creative and to extend the term and increase the amount of the agreement to reflect the additional and current scope of services provided by Contractor.
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:
TERMS
The Agreement is amended to replace in its entirety the following:
THIS AGREEMENT is executed this 10th day of August, 2021, (“Agreement” or “Contract”) between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”) Tovar Strategies, Inc, D.B.A. TMD Creative (Hereinafter “Contractor”).
The Agreement, Scope section, is amended to replace in its entirety the following:
Scope. Contractor hereby agrees to provide to the City, as the scope of services under this Agreement, the services described in the scope of work discussed in the AMOR Salinas Campaign Solicitation (Attachment B), Contractor’s Proposal dated June 14, 2021 (Attachment C), and AMOR Salinas Scope March 2022-May 2022 (Attachment D).
The Agreement, Term section, is amended to replace in its entirety the following:
Term. The work under this Agreement shall commence August 11, 2021 and shall be completed by May 31, 2022 unless City grants a written extension of time as set forth in Section 2 above.
The Agreement, Payment section, is amended to replace in its entirety the following:
Payment. City agrees to pay and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, not to exceed thirty-five thousand dollars ($35,000), as more fully described in title of Contractor’s Proposal, Attachment C. Contractor has no right of reimbursement for expenses under this Agreement. Compensation shall become due and payable 30 days after City’s approval of Contractor’s submission of monthly written invoices to the City. The payment of any compensation shall be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.
All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.
IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Contractor have entered into this Agreement as of the date first written above.
CITY OF SALINAS
___________________________________
Steven S. Carrigan, City Manager
APPROVED AS TO FORM:
___________________________________
□ Chris Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney
TOVAR STRATEGIES, DBA TMD CREATIVE
____________________________________
Printed name: ________________________
Title: ________________________________
Version: January 2021