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HomeMy WebLinkAboutA9324 - Amendment 1CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) Region 4 ESC Participation Agreement ODP Business Solutions, LLC Sharalyn Sowers, Vice President purchase of office supplies and furniture $300,000 + $45,000 = $345,000 November 21, 2022 through June 30, 2025 On file Sharalyn Sowers, Sharalyn.Sowers@officedepot.com Procurement & Contracting Kim Baker Original: 12/5/2022, 1O A9324 1 No Yes Yes Procurement N/A No R190303 OMNIA verified 2/6/2024 Brian Sotak-Rossman DocuSign Envelope ID: D107259B-EA16-4CFE-81AB-1427E8593A77 Page 1 of 3 Revised: 10.31.23 AMENDMENT NO. 1 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. 1 to the Region 4 ESC Participation Agreement is made and entered into as of this 6th day of February, 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. The City and Contractor desire to amend the Agreement to add additional compensation. 2.4 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 6 of the Agreement. 3. Terms. 3.1 The City is adding $45,000 in compensation for a new not to exceed amount of $345,000. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 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. 1. 3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. EXECUTION COPYDocuSign Envelope ID: A1C9DF1C-09A4-44A4-BB67-D51301314392DocuSign Envelope ID: D107259B-EA16-4CFE-81AB-1427E8593A77 Page 2 of 3 Revised: 10.31.23 3.5 Counterparts. This Amendment No. 1 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: A1C9DF1C-09A4-44A4-BB67-D51301314392DocuSign Envelope ID: D107259B-EA16-4CFE-81AB-1427E8593A77 Page 3 of 3 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 Sharalyn Sowers, Vice President ODP Business Solutions, LLC DocuSign Envelope ID: A1C9DF1C-09A4-44A4-BB67-D51301314392 2/9/2024 DocuSign Envelope ID: D107259B-EA16-4CFE-81AB-1427E8593A77 2/26/2024