Attachment B
5557
5.18100\42913029.1
(BB&K 2024)
AMENDMENT NO. 5 TO THE TRAFFIC SIGNAL MAINTENANCE AND
TRAFFIC MANAGEMENT CENTER (TMC) SUPPORT SERVICES
AGREEMENT NO. 8865 BETWEEN THE CITY PALM SPRINGS
AND ST
. FRANCIS ELECTRIC, LLC
1. Parties and Date.
This Amendment No. 5 to the Traffic Signal Maintenance and Traffic Management Center (TMC) Sup
port Services Agreement No. 8865 is made and entered into as of this 11 th day of March, 2026, by and between the City of Palm Springs (“City”) and St. Francis Electric, LLC, a California limited liability company (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. City and Contractor have entered into an agreement entitled “Traff ic Signal Maintenance and Traffic Management Center (TMC) Support Services Agreement No. 8865” dated July 6, 2021 “Agreement” for the purpose of retaining the services of Contractor to provide on- going Traffic Signal/TMC Maintenance and emergency response repairs.
2.2 Amendment No. 1. City and Contractor amended the Agreement to provide additional services increasing Purchase Order 23000087 by one hundred thirty thousand dollars ($130,000) for a new maximum contract amount of $510,000 for Fiscal Year 22/23.
2.3 Amendment No. 2. City and Contractor amended the Agreement to provide additional services increasing Purchase Order 24000295 by two hundred thousand dollars ($200,000) for a new maximum contract amount of $580,000 for Fiscal Year 23/24.
2.4 Amendment No. 3. City and Contractor amended the Agreement to provide additional services increasing the Agreement by three hundred and one thousand five hundred fifty dollars ($301,550) for a new maximum contract amount of $681,550 for Fiscal Year 24/25 and two hundred thousand dollars ($200,000) for a new maximum contract amount of $580,000 for Fiscal Year 25/26.
2.5 Amendment No. 4. City and Contractor amended the Agreement to provide additional services increasing the Agreement by two hundred and seventy five thousand dollars ($275,000) for a new maximum contract amount of $956,550 for Fiscal Year 24/25.
2.6 Amendment No. 5 Purpose. City and Contractor desire to amend the Agreement to provide additional services increasing the Agreement by two hundred and eighty thousand dollars ($280,000) for a new maximum contract amount of $860,000 for Fiscal Year 25/26.
2.7 Amendment Authority. This Amendment No. 5 is authorized pursuant to Section 2.3, Changes in Scope, of the Agreement.
3. T
erms.
3.1 Maximum Contract Amount, Section 2.1 of the Agreement is hereby amended to add the following:
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Compensation shall not exceed the maximum contract amount of Eight Hundred Sixty Thousand Dollars ($860,000) ("Maximum Contract Amount") for Fiscal Year 25/26.
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 5, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 5. From and after the date of this Amendment No. 5, whenever the term “Agreement” or “Contract” appears in t he Agreement, it shall mean the Agreement as amended by this Amendment No. 5.
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. 5.
3.4 Severability. If any portion of this Amendment No. 5 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. 5 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
]
55575.18100\42913029.1
(BB&K 2024)
SIGNATURE PAGE TO AMENDMENT NO. 5 BY AND BETWEEN
THE CITY OF PALM SPRINGS AND ST. FRANCIS ELECTRIC, LLC
IN WITNESS WHEREOF, the Parties have execut ed this Amendment as of the dates stated below.
ST. FRANCIS ELECTRIC, LLC:
By: ____________________________________
Signature
Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: ____________ Item No. ____
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