Attachment B
Amendment No. 1
55575.18100\42913029.1
(BB&K 2024)
AMENDMENT NO. 1 TO THE CITY OF PALM SPRINGS
PROFESSIONAL SERVICES AGREEMENT
ON-CALL ARCHITECTURAL DESIGN SERVICES AGREEMENT #A8877
BETWEEN THE CITY OF PALM SPRINGS AND MARKS ARCHITECTS, INC.
1. Parties and Date.
This Amendment No. 1 to the Professional Services Agreement for On-Call Architectural Design Services, Agreement No. A8877 is made and entered into as of this 14th day of October 2026, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Marks Architects, Inc. (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. City and Consultant entered into an agreement titled “Professional Services Agreement, On-Call Architectural Design Services Agreement No. A8877” dated July 7, 2021 for the purpose of retaining the services of Consultant for as-needed architectural design services for a variety of capital improvement projects. The Agreement provided an initial three-year term and permitted two additional one-year extensions.
2.2 Amendment Purpose. City and Consultant now desire to amend the Agreement to extend the agreement for one year, from July 1, 2026 through June 30, 2027, solely to complete construction administration and closeout for the Demuth Park Development, City Project 21-16 and Victoria Park Restroom, City Project 18-06.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 10.3 of the Agreement.
3. Terms.
3.1 Amendment. Section 3.4 Term of the Agreement is hereby amended in its entirety to read as follows:
Unless earlier terminated under the terms of the Agreement, the term of the Agreement is extended for one (1) year, effective July 1, 2026, through June 30, 2027. During this extension, Consultant may perform only those services necessary to complete construction administration and project closeout under the existing Task Orders for the Demuth Park Development Project, City Project 21-16, and the Victoria Park Restroom, City Project 18-06. No new Task Orders or assignments may be issued under the Agreement during the extension period. This Amendment does not authorize additional compensation beyond the amounts previously authorized under the existing Task Orders.
3.2 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.
55575.18100\42913029.1
(BB&K 2024)
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. 1.
3.4 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.
3.5 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]
55575.18100\42913029.1
(BB&K 2024)
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT ON-CALL ARCHITECTURAL DESIGN SERVICES AGREEMENT # A8877 BETWEEN THE CITY OF PALM SPRINGS AND MARKS ARCHITECTS, INC.
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 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 – up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000