HomeMy WebLinkAboutA6726 - ESGIL CORPORATIONAMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
AGREEMENT No. 6726
ON -CALL" BUILDING PLAN REVIEW SERVICES
THIS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
A6726), ("Amendment No. 1") is made and entered into, to be effective this 2_ day of
2020, by and between the CITY OF PALM SPRINGS, a California charter city
and munlZipal corporation, (hereinafter referred to as "City") and EsGil Corporation, a California
corporation, (hereinafter referred to as "Consultant"). City and Consultant are sometimes
hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the
Parties."
RECITALS
A. City has determined that there is a continuing need for As -Needed, "On -Call" Building
Plan Review Services for a variety of future residential and commercial projects,
hereinafter the "Project").
B. Consultant has previously provided "On -Call" Building Plan Review Services for the
City's Building & Safety Department, pursuant to the terms of the following:
i) Agreement No. 2683 approved March 15, 1989.
ii) Agreement No. 6726 approved July 15, 2015, for a three (3) year term effective
July 22, 2015.
iii) Agreement No. 6726 was extended for two (2) additional one (1) year terms in
accordance with Section 3.4 of said Agreement; the second one (1) year term
expires on June 30, 2020.
C. Consultant is qualified by virtue of its experience, training, education, reputation, and
expertise to provide these services and has agreed to provide such services as
provided herein.
D. City desires to retain Consultant to continue providing such professional services on
a month to month basis effective July 1, 2020, until such time as the City provides
Consultant a thirty (30) day notice of termination.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants,
and conditions contained herein, and other valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
SECTION 1. The foregoing Recitals are true, correct, and incorporated by this reference
herein as material terms relied upon by the Parties in agreeing to and executing this Amendment
No. 1.
Page 1 of 3
SECTION 2. Section 3.4 "Term" is hereby amended by inserting the following:
The term of this Agreement shall continue in full force and effect on a month -to -month basis
effective July 1, 2020, until such time as the City provides a written thirty (30) day notice of
termination.
SECTION 3. Full Force and Effect. All terms, conditions, and provisions of the
Professional Services Agreement (A6726), unless specifically modified herein, shall continue in
full force and effect. In the event of any conflict or inconsistency between the provisions of this
Amendment No. 1 and any provisions of the Professional Services Agreement (A6726), the
provisions of this Amendment No. 1 shall in all respects govern and control.
Section 4. Corporate Authority.
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 formally 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 the Party for
which he or she is signing is bound.
SIGNATURES ON FOLLOWING PAGE)
Page 2 of 3
IN WITNESS WHEREOF, the City and the Consultant have caused this Amendment
No. 1 to be executed the day and year first above written.
ATTEST:
CITY OF PALM SPRINGS, CA
4'VA' — By
thony J.
City Clerk
Date: h I ,C, i Z
APPROVED AS TO FORM:
By
Jeff al nger
City Attorney
Date: :ILA/le Z r ZUZc7
CONSULTANT
CONTENTS APPROVED:
B
David H y
City Man er
Date:
APPROVED BY CRY COUNM
Z b &- -
Name: Ron Beehler, Director of Building and Safety Services
Address: EsGil Corporation
9320 Chesapeake Drive, Suite 208
San Diego, CA 92123
By: ZZ46E
Signature
Name: emu/ po pr
Title: Cr a_c±?Mera Al 61q(
By:
Signature
Name. U
Title:
Page 3 of 3
1
Kathie Hart
From:Leigh Gileno
Sent:Tuesday, October 25, 2016 3:42 PM
To:Denise Bystrzycki; Jim Zicaro; 'Karen Mack (KMack@safebuilt.com)'; 'Greg Toth (gtoth@safebuilt.com)'
Cc:Craig Gladders; Douglas C. Holland; Tabitha Richards; Marcus Fuller; Kathie Hart
Subject:EsGil/ SAFEbuilt
Attachments:EsGil Safebuilt.pdf
Importance:High
Good Afternoon,
Back on September 8th, 2016, I received a letter from SAFEbuilt, LLC stating that they had purchased through a stock
acquisition EsGil Corporation as the original owner had since retired. Upon multiple emails and phone conversations
with SAFEbuilt, it has been confirmed that EsGil will continue doing business as EsGil under the same tax ID number
same principal contact Kurt Culver, providing services under the terms of the current agreement (Agreement #6726,
approved 7/15/15 by the City Council) with the City. I have brought all of this information to our City Attorney to
determine if we needed to amend out contract to reference the new ownership and he has stated “No Change/
Amendment is necessary to the contract”. Please see the attached email with the City Attorney's notes and signature
dated October 25, 2016.
I will be putting the original authorized email with our current contract and Blanket PO file for fiscal year 2016/2017.
Please update any records you have with this information as this will be the only copy you will receive. Should anyone
have any questions, please contact me at my number below.
Sincerely,
Leigh Gileno
Procurement Specialist II
Office Hours 8AM‐6PM
Monday‐Thursday
City Hall is closed every Friday
P (760) 322‐8374 F (760) 323‐8238