ATTACHMENT “A”
Amendment No. 3 to Agreement 23P056
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AMENDMENT NO. 03 TO THE CONTRACRT SERVICES AGREEMENT NO. 23P056 BETWEEN THE CITY PALM SPRINGS AND OFRS, INC.
1. Parties and Date.
This Amendment No. 03 to the contract services agreement 23P056 is made and entered into on of this 13th day of May 2026, by and between the City of Palm Springs , a California charter city and municipal corporation (“City”), and OFRS, 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 “ Homeless Encampment and Site Clean-up Services” dated May 15, 2023 (23P056) for the purpose of retaining the services of Contractor to provide homeless encampment and site clean-up services in an amount not to exceed $1,200,000.00 and a term of three years.
2.2 First Amendment. City and Contractor entered into Amendment No. 01 to the Agreement, dated March 14, 2024, for the purpose of modifying the Schedule of Fees identified in Exhibit “A” Scope of Services/Work to modify the site Clean-up Mobilization cost per site charge and establish not to exceed costs for equipment use, for an amount not to exceed $1,200,000.00.
2.3 Second Amendment. City and Contractor entered into Amendment No. 02 to the Agreement, dated November 11, 2024, for the purpose to add an additional $1,680,000.00 to allow the continuation of services at the current level through the contract term for a revised contract amount not to exceed $2,880,000.00 for the initial contract term commencing on June 1, 2023 , through May 31, 2026.
2.4 Amendment Purpose. City and Contractor now desire to amend the Agreement to add an additional $1,008,000.00 to allow the continuation of services and extend the contract term one- year for a revised contract amount not to exceed $3,888,000.00 for the contracted terms commencing on June 1, 2023, through May 31, 2027.
2.5 Amendment Authority. This Amendment No. 02 is authorized pursuant to Section 3.3 Changes of the Agreement.
3. Terms.
3.1 Amendment. Section 3.1 of the Agreement is hereby amended in its entirety to read as follows:
“3.1 Compensation of Contractor . Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $3,888,000.00.”
3.2 Amendment. Section 4.4 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 four years, commencing on June 1, 2023, unless extended by mutual written agreement of the parties.”
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 03, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 03. From and after the date of this Amendment No. 03, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 03.
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. 03.
3.4 Severability. If any portion of this Amendment No. 03 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. 03 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
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SIGNATURE PAGE FOR AMENDMENT NO. 03 TO THE CONTRACT SERVICES AGREEMENT 23P056 BETWEEN THE CITY PALM SPRINGS AND OFRS, INC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
Contractor:
By: ____________________________ By: ______________________________ Signature Signature
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: __05/12/26__ 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