ATTACHMENT A
CONSULTING SERVICES AMENDMENT NO.1
TO AGREEMENT NO. 25P065
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AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT NO. 25P065
BETWEEN THE CITY PALM SPRINGS AND KAPLAN KIRSCH, LLP
1. P
arties and Date.
Thi
s Amendment No. 1 to the Kaplan Kirsch, LLP Agreement is made and entered into as of this 10th day of April, 2026, by and between the City of Palm Springs, a California charter city and municipal corporation (“City ”), and Kaplan Kirsch, LLP , a Colorado Limited Liability Partnership.
City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 A greement. City and Consultant entered into an agreement titled “Con sulting Services Agreement 25P065 Legal Counsel Services ” dated April 10, 2025 (“Agreement”) for the purpose of retaining the services of Consultant to provide legal counsel services for the Palm Springs International Airport for a one-year term, with four one year extension options, commencing April 10, 2025, and ending on April 9, 2026.
2.2 Amendment Purpose. City and Consultant now desire to amend the A greement to exercise the first of four one-year extension options for term dates o f April 10, 2025, to April 9, 2027, and include an annual Consumer Price Index (CPI) increase.
2. 3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.3 of the Agreement.
3. Terms.
3.1 Amendment. Section 3.1 Compensation of Consultant of the Agreement is hereby amended in its entirety to read as follows:
“3.1 C ompensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A1”. The total amount of Compensation shall not exceed $900,000.00. In addition, the term may be extended at the sole discretion of the City upon written notice to the Consultant, for three additional one-year terms.”
3. 2 Amendment. Section 3. 2 Method of Payment of the Agreement is hereby amended in its entirety to read as follows:
“3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director.
Payments shall be based on the hourly rates set forth in Exhibit “A 1” for authorized services performed. City shall pay Consultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant’s invoice.
3.3 Amendment. Section 4.4. Term of the Agreement is hereby amended in its entirety to read as follows:
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“4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of one year, with three one-year options to renew at the City’s sole discretion, commencing on April 10, 2025, and ending on April 9, 2027, unless extended by mutual written agreement of the Parties.
3.4 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.
3.5 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.1.
3.6 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.
3.7 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]
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SIGNATURE PAGE FOR AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT NO. 25P065 BETWEEN THE CITY PALM SPRINGS AND KAPLAN KIRSCH, LLP
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONSULTANT:
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 – over $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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EXHIBIT “A1”
ITEM DESCRIPTION UNIT OF MEASURE RATE
1 Senior Partners Hourly $717
2 Partners Hourly $619
3 Counsel Hourly $567
4 Senior Associates Hourly $516
5 Associates Hourly $412
• The hourly rates include a 3.2% CPI increase.
• The hourly rates are rounded downward to the nearest whole number.