Attachment A
Amendment No. 1 to the Contract Service
Agreement 25B194
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4 AMENDMENT NO. 01 TO THE CONTRACT SERVICE AGREEMENT 25B194 BETWEEN THE CITY PALM SPRINGS AND E M D CONTRUCTION INC.
1. Parties and Date.
This Amendment No. 01 to the Contract Service Agreement is made and entered into as of this 14 day of January 2026, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and E M D Construction Inc., a California Corporation. 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 “Doors and Windows Installation, Maintenance, and Repair Services” dated July 21, 2025, (25B194) for the purpose of retaining the services of Contractor to provide doors and windows installation, maintenance, and repair services in an amount not to exceed $400,000.00 and an initial term of three (3) years.
2.2 Amendment Purpose. City and Contractor now desire to modify the Agreement to provide additional compensation in the amount of $595,000.00 for a revised contract amount not to exceed $995,000.00.
2.3 Amendment Authority. This Amendment No. 01 is authorized pursuant to Section 2.3 Changes in Scope of the Agreement.
3. Terms.
3.1 Amendment. Section 2.1 of the Agreement is hereby amended in its entirety to read as follows:
"2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of Nine Hundred Ninety-Five Thousand Dollars ($995,000.00) ("Maximum Contract Amount"), except as may be provided under Section 2.3. The method of compensation shall be as set forth in Exhibit “B.” The method of compensation shall be as set forth in Exhibit “B.” Compensation for necessary expenditures must be approved in advance by the Contract Officer designated under Section 4.2.”
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 01, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 01. From and after the date of this Amendment No. 01, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 01.
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. 01.
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4 3.4 Severability. If any portion of this Amendment No. 01 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. 01 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]
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4 55575.18100\42913029.1
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4 SIGNATURE PAGE FOR AMENDMENT NO. 01 TO THE
CONTRACT SERVICE AGREEMENT 25B194
BETWEEN THE CITY PALM SPRINGS AND E M D CONSTRUCTION INC.
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: 1/14/2026 Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000