Agenda packet — Palm Springs City Council, March 25, 2026 (part 2 of 3)

(BB&K 2024)

AMENDMENT NO. 5 TO THE COOPERATIVE PURCHASE AGREEMENT
NO. 23C004 BETWEEN THE CITY OF PALM SPRINGS AND TK ELEVATOR

CORPORTATION

1. Parties and Date.

This Amendment No. 5 to the Cooperative Purchase Agreement is made and entered into as of this 3rd day of April, 2026, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and TK Elevator Corporation, a Delaware Corporation (“Contractor”).

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 “ Cooperative Purchase For Protection of Vertical Transportation Equipment No. 23C004 ” dated March 9, 2023 (“Agreement”) for the purpose for providing maintenance and repair services for the vertical transportation equipment at the Palm Springs International Airport , in an amount not-to-exceed $84,600.00 and a three-year term with two one-year extension options, commencing on April 3, 2023, to April 2, 2026.

2.2 Amendment No 1. City and Contractor entered into Amendment No. 1 to revise the insurance, risk management, notice, amendment, and termination provisions; provide a one -time clean-down service for each elevator; and add $20,510.90, for a revised not -to-exceed amount of $105,110.90.

2.3 Amendment No 2. City and Contractor entered into Amendment No. 2 to revise the scope of services and add $66,146.48 in compensation, for a revised not -to-exceed amount of $171,257.38.

2.4 Amendment No 3. City and Contractor entered into Amendment No. 3 to add $360,000.00 for additional parts and labor, for a revised not-to-exceed amount of $531,257.38.

2.5 Amendment No 4. City and Contractor entered into Amendment No. 4 to add $139,929.94 to continue the maintenance and repair services, for a revised not-to-exceed amount of $671,187.32.

2.6 Amendment Purpose . City and Contractor now desire to amend the Agreement to extend the contract term for an additional one-year, term dates April 3, 2023, to April 2, 2027 and add $66,721.16, for a revised not-to-exceed amount of $737,908.48.

2.7 Amendment Authority. This Amendment No. 5 is authorized pursuant to Section 9 of the Agreement.

3. Terms.

3.1 Amendment. Section 2 Term of the Agreement is hereby amended in its entirety to read as follows:

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“2 Term. The term of this Agreement is for 4 years beginning on the date provided in the Notice to Proceed for the City’s Procurement and Contracting Department. The parties may mutually extend the term of this Agreement for up to one additional 1-year period (“Option Period(s)”), provided, the parties do so in writing prior to the expiration of the original term of the then-current Option Period.”

3.2 Amendment. Section 3 Compensation and Payment of the Agreement is hereby amended in its entirety to read as follows:

“3. Compensation and Payment. This Agreement is for an amount not to exceed $737,908.48, subject to approved amendments and changes. All pricing must be in accordance with Attachment “B”, the content of which is incorporated by reference into this Agreemen t as if fully set out here in its entirety.”

3.3 Amendment. Attachment “B” is hereby amended to delete Attachment “B2” in its entirety and incorporate Attachment “B3” attached hereto and incorporated herein by reference , commencing on April 3, 2026, and continuing through April 2, 2027.

3.4 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 the Agreement, it shall mean the Agreement as amended by this Amendment No. 5.

3.5 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.

3.6 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.

3.7 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]

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(BB&K 2024)

SIGNATURE PAGE FOR AMENDMENT NO. 5 TO THE COOPERATIVE PURCHASE AGREEMENT NO. 23C004 BETWEEN THE CITY PALM SPRINGS AND TK ELEVATOR

CORPORATION

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: 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

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ATTACHMENT “B3”

SCHEDULE OF COMPENSATION

To ensure the same high level of quality and service, this price adjustment is the minimum necessary due to rising costs associated with inflation and operational expenses. Pursuant to the annual escalation provisions of the Agreement, the maintenance service pricing will increase by 4%, effective April 3, 2026.

The updated maintenance service fees are as follows (excluding any applicable taxes and/or discounts):

Service Period: April 3, 2026 – April 2, 2027
• Monthly Maintenance Fee: $2,643.43
• Annual Maintenance Fee: $31,721.16

In addition, Contractor shall provide repairs at the following rates:

Material Price:
• 10% discount off list price.

Labor Rates:

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ATTACHMENT B

PUBLIC INTEGRITY BUSINESS DISCLOSURE

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PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State

I
f other than California, is the Entity also registered in California?  Yes  No

5. Type of Entity
 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

6. Officers, Directors, Membe rs, Managers, Tru stees, O ther F iduciaries (please specify) Note: If any response is not a natural pe rson, please identify all off icers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________  Officer  Director  Member  Manager [na me]  General Partner  Limited Partner
 Other ___________________________
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
________________________________
 Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
 Other __________________________
TK Elevator Corporation
1601 S Sunkist St Suite A Anaheim CA 92806
Delaware
Chad Kerr
Twinky Chai
Area Vice President
Kevin Robertson
Executive Vice President, West Region

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7. O wners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE
JA
NE DOE
[name of owner /investor]
50%
, ABC COMPANY, Inc.
[percentage of beneficial interest in entity and
name of entity]
A.

[name of owner /investor]

[percentage of beneficial interest in entity and
name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/inv estor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [ percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest i n entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER T HE LAWS OF T HE STA TE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title

Date
TK Elevator Americas Corporation
100%
March 3, 2026
Gabriel Schaper, Account Manager
TK Elevator Corporation does not have any individuals that own more than 5% TK Elevator USA Holding, Inc. 100%
TK Elevator U.S. Newco , Inc. 100%
TK Elevator Newco GmbH 100%

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Ci
ty of Palm Springs, CA.

Bu
siness Disclosure Supplementary Instructions
In
an effort to ensure we capture the required business entity information in accordance with the attached instructions, we prov ide you these supplementa ry i nstructions to clearly identif y the required information, and the format the information should be provided.

If
you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also co mprised of other business e ntities as i ts members or having a financial interest, all other such bu siness entities must als o be d isclosed, including those e ntities o ther business entities, if any.

Ult
imately, th e City’s disclosure document (attached) requires a listing identif ying a ll n atural persons having any financial interest over 5% of the business entities (and any other b usiness entities comprising your business entity).

As an
example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:

John D oe, Jill Doe, and Jay Doe, which is owned 50% by Acme B rothers, LLC, a Cal ifornia limited liabilit y co mpany, and John Doe (25% inte rest) and Ji ll Doe (25% i nterest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc ., a Califo rnia corporation, whose o fficers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Ac me Brothers 2, LLC, a California limited liability comp any, w hich is managed by George Doe, with G eorge Doe and Jane Doe having 50% interest each.

T
he full business entity disclosure in this example would resemble the following:

1. Acm
e Brothers, Inc., a California corporation
a. O
fficers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Ac
me Brothers, LLC, a California limited liability company ii. 25%
John Doe
iii. 2
5% Jill Doe

2. Acme Br ot hers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation

3. A
cme Brothers 2, Inc., a California corporation
a. Off
icers: George Doe, Bill Doe, and Jane Doe
b. Ow
nership: 100% Acme Brothers 2, LLC, a California limited liability company

4. Acme Brothers 2, LLC, a California limited liability company a. M
anagers: George Doe
b. O
wnership:
i. 50%

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ATTACHMENT C
AGREEMENT NO. 23C004 WITH TK ELEVATOR

CORPORATION

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