HomeMy WebLinkAboutA9324 - Amendment No.2
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Revised: 10.31.23
AMENDMENT NO. 2 TO THE REGION 4 ESC PARTICIPATION
AGREEMENT A9324
BETWEEN THE CITY PALM SPRINGS AND ODP BUSINESS
SOLUTIONS, LLC
1. Parties and Date.
This Amendment No. 2 to the Region 4 ESC Participation Agreement is made and entered
into as of this 6th day of June , 2024, by and between the City of Palm Springs (“City”) and ODP
Business Solutions, LLC, a Delaware limited liability company, (“Contractor”). City and Contractor
are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. The City and Contractor have entered into an agreement entitled
“Region 4 ESC Participation Agreement” dated November 21, 2022 (“Agreement”) for the purpose
of retaining the services of Contractor to provide office supplies and furniture for an amount not to
exceed $300,000 and a term of November 21, 2022 to June 30, 2024, with an option to extend for
five additional years, approved by City Council on December 5, 2022, item 1O.
2.2 Amendment #1. The City and Contractor amended the Agreement to add $45,000.
The Parties have heretofore entered into that Amendment No. 1 dated February 6, 2024 for an
amount not to exceed $345,000 and a term of November 21, 2022 to June 30, 2024.
2.2 Amendment #2. The City and Contractor desire to amend the Agreement and
exercise the extension option to extend the term and add additional compensation.
2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 6 of
the Agreement.
3. Terms.
3.1 The City is extending the term one year and adding $200,000 in compensation for a
new not to exceed amount of $545,000 and a term of November 21, 2022 to June 30, 2025.
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever
the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as
amended by this Amendment No. 2.
3.3 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. 2.
DocuSign Envelope ID: 1BB5EA51-922F-43D2-B837-733943B14C94
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Revised: 10.31.23
3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
3.5 Counterparts. This Amendment No. 2 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: 1BB5EA51-922F-43D2-B837-733943B14C94
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Revised: 10.31.23
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS
AND ODP BUSINESS SOLUTIONS, LLC
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: N/A Item No. N/A
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________
City Attorney City Clerk
APPROVED:
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
DocuSign Envelope ID: 1BB5EA51-922F-43D2-B837-733943B14C94
6/20/2024
6/20/2024