ATTACHMENT A
Amendment No. 4 to
Agreement 23P188
Revised: 10.31.23
AMENDMENT NO. 4 TO THE CONTRACT SERVICES AGREEMENT
23P188 BETWEEN THE CITY PALM SPRINGS AND NEIGHBORHOOD
PARTNERSHIP HOUSING SERVICES, INC.
1. Parties and Date.
This Amendment No. 4 to the Contract Services Agreement 23P188 (“Agreement”) is made and entered into as of this 27th day of August 2026 by and between the City of Palm Springs (“City”) and Neighborhood Partnership Housing Services, Inc., a California Nonprofit Corporation (
“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 “Contract Services Agreement 23P188” dated September 14, 2023, for the purpose of providing a CDBG home rehabilitation program for an amount not to exceed $412,266 and a term from September 15, 2023, to September 19, 2024, approved by City Council on September 18, 2023.
2.2 Amendment No. 1. City and Contractor amended the Agreement to clarify the term of the original agreement has options to extend for two additional one year terms, add $112,873.19, and incorporate the CDBG Federal Provisions. The Parties have heretofore entered into that Amendment No. 1 dated September 12, 2024, for an amount not to exceed $525,139.19 and a term of September 19, 2023, to September 18, 2024, with two one-year extension options at the City’s sole discretion, approved by City Council on September 12, 2024.
2.3 Amendment No. 2. City and Contractor amended the Agreement to exercise the first extension option, add additional compensation and revised the schedule of fees for a revised contract amount not to exceed $880,528.54.
2.4 Amendment No. 3. City and Contractor amended the Agreement to exercise the second extension option, and add additional compensation for a revised contract amount not to exceed $1,178,878.54.
2.5 Amendment purpose . City and Contractor desire to amend the Agreement to extend the term two years through September 18, 2028, revise the scope of services to include sustainab le rehabilitation services and an add additional $1,7000,000 for a revised contract amount not to exceed $2,878,878.54.
2.6 Amendment Authority. This Amendment No. 4 is authorized pursuant to Section 3.3 of the Agreement.
3. Terms.
3.1 Amendment. Section 3.1 Compensation of Contractor. of the Agreement is hereby
Revised: 10.31.23
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 $2,878,878.54.”
3.2 Amendment. Section 4.4 Term . of the Agreement is hereby amended in its entirety to read as follows:
“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 five years, commencing on September 19, 2023, and ending on September 18, 2028, unless extended by mutual written agreement of the Parties.”
3.3 Amendment. Exhibit “A” of the Agreement is hereby deleted in its entirety and replaced with Exhibit “A” attached hereto and incorporated herein by reference.
3.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 4, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 4. From and after the date of this Amendment No. 4, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 4.
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. 4.
3.6 Severability. If any portion of this Amendment No. 4 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6 Counterparts. This Amendment No. 4 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]
Revised: 10.31.23
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND NEIGHBORHOOD PARTNERSHIP HOUSING SERVICES, 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: 8/26/2026 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
Revised: 10.31.23
EXHIBIT “A”
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Revised: 10.31.23
1. Background:
A. The Community Development Block Grant (CDBG) Program began in 1976 and is administered nationally by the U.S. Department of Housing and Urban Development.
B. CDBG’s principal objectives are to:
1. Support low and middle income (LMI) communities, considering that a minimum of 70% of CDBG funds granted to a city/ state must be used directly to benefit LMI communities.
2. Eliminate and prevent blight and slums.
3. Meet urgent needs, such as responding to natural disasters.
C. These objectives are achieved by investing in community development projects to create sustainable and viable urban areas. The primary objective continues to be developing viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities, principally for low - and moderate-income persons.
D. Contractor shall provide residential rehabilitation activities that benefit low -and- moderate income residents. Eligible activities will be funded by the City’s Community Development Block Grant (CDBG) annual allocation, the City ’s Sustainability Department $500,000 and a $500,000 match allocation from Desert Community Energy. City anticipates having approximately $350,000 in CDBG funds available for the Residential Rehabilitation program annually.
E. Under this program, the City would provide grants to qualified low - to moderate - income homeowners to make needed home improvements . Grants would be available to address code deficiencies, eliminate blight, improve handicapped accessibility, and implement eligible energy conservation measures that improve the energy efficiency, resiliency, and sustainability of residential properties. Grant funds may only be used for costs of services and materials necessary to carry out City- approved rehabilitation and energy efficiency improvements. Funding for the Residential Rehabilitation Program and the Energy Efficiency Home Upgrade Program shal l be provided in accordance with available program funding, eligibility requirements, and applicable program guidelines. The City may modify available funding levels, eligible activities, and program requirements during the term of the Agreement.
F. The City shall be responsible for resident applications and eligibility. This includes pre- construction communication with the client, managing the City’s waitlist, and tracking demographic information. City shall communicate with the client and Contractor about what work is required and necessary and shall direct Contractor to solicit bids from subcontractors.
2. Scope:
A. The Contractor shall be responsible for all phases of general program administration and compliance, under the City's direct supervision, for approved projects under the Residential Rehabilitation Program and the Energy Efficiency Home Upgrade Program. Ser vices also include compliance for approved projects, construction
Revised: 10.31.23
management (including permits, inspections and Notices of Completion), financial record keeping, and monthly reporting to the City.
B. Construction/Rehabilitation: Construction or rehabilitation paid with CDBG funds shall be required to conform to 24 CFR 570.603 of the CDBG regulations, as applicable, and any other federal or state requirements which are associated with the grant funding source. This includes but is not limited to:
1. Conduct property inspections to identify requested work eligibility under the program guidelines, as well as meeting the City of Palm Springs’s Building and Planning Division’s requirements.
2. Prepare work write -ups, describing necessary repairs and improvements including line-item cost estimates.
3. Contractor shall solicit bids for each project, perform bid opening, evaluate bids, etc.
4. Contractor shall write and sign all contracts with subcontractors.
5. Contractor is responsible for all work performed, scheduling, etc.
6. Contractor is responsible for making payments to subcontractors.
7. Keep updated Contractors’ list with all eligible requirements including proof of insurance, verification with the Excluded Parties Listing System, and California Contractor’s State License Board.
8. Ensure subcontractors obtain required permits.
9. Conduct pre-construction conferences with the contractor and homeowner.
10. Monitor construction for compliance with the program requirements and assure that all work is professional and includes proper materials.
11. Conduct energy assessments or evaluations, as applicable, to identify eligible energy conservation improvements.
12. Prepare work write -ups describing recommended energy efficiency improvements, including line-item cost estimates.
13. Coordinate and oversee the installation of approved energy conservation measures in accordance with applicable program requirements.
14. Assist the City in identifying available utility rebates, incentives, or other funding opportunities applicable to approved improvements.
15. Verify that completed energy efficiency improvements comply with applicable program requirements and manufacturer installation standards.
C. Photos: Take “before and after” photos including work to be done, work in progress, and completed improvements.
D. Property Standards: All rehabilitated projects funded with Rehabilitation funds must meet local zoning ordinances and building codes.
E. Energy Efficiency: The Contractor shall incorporate eligible energy conservation measures into rehabilitation projects, where feasible, and administer standalone Energy Efficiency Home Upgrade Program projects as authorized by the City. Eligible
Revised: 10.31.23
improvements may include, but are not be limited to, lighting, insulation, air sealing, HVAC systems, water heating, windows, roofing, electrical upgrades, renewable energy readiness, appliance replacements, and other energy conservation measures approved by the City.
F. Lead-Based Paint: If a rehabilitated home was originally placed into service prior to January 1, 1978, rehabilitation must comply with HUD lead-based paint rules (24 CFR Part 35 and 24 CFR Section 570.608). A lead-based paint risk assessment for lead based paint hazards shall be conducted, and rehabilitation work must be done by Contractors meeting the requirements of the HUD rule and the EPA Renovation, Repair and Painting rule.
G. Final Inspection: Conduct final inspections and close out project with all necessary lien releases, notices of completion and Building Inspector’s final permit. Interface with the City’s Building and Planning Departments as necessary.
H. Final Documentation: Prepare and provide (with required signatures) all payment requests to City staff, including lien releases, change orders, and all other required documents. The Consultant shall ensure that property warranty information is provided to the homeowner.
3. Schedule:
A. Work will be issued on a task order basis. Each project for homeowners should be no more than 120 days from application to work completion.
1. Compensation:
A. Work shall be compensated on a not -to-exceed basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.
B. An allowance has been added to account for the work performed by subcontractors.
Revised: 10.31.23
Schedule of Fees
ITEM DESCRIPTION UNIT OF
MEASURE
ESTIMATED
QUANTITY
UNIT PRICE SUBTOTAL
1 Administrative Fee per
project
EA 50 15% Project
Cost
$255,000
2 Allowance for
Rehabilitation Costs
NTE 1 $1,445,000 $1,445,000
TOTAL $1,700,000