HomeMy WebLinkAboutA9010 - VESTED SOLUTIONS DBA ETERNAL LOVE LIMITED LIABILITY COMPANYCONTRACT SERVICES AGREEMENT NO. A9010
JANITORIAL SERVICES FOR THE PALM SPRINGS INTERNATIONAL AIRPORT
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into
on April 1, 2022, by and between the City of Palm Springs, a California charter city and
municipal corporation (“City”), and Eternal Love LLC, dba Vested Solutions, a Limited
Liability Company, (“Contractor”). City and Contractor are individually referred to as “Party”
and are collectively referred to as the “Parties”.
RECITALS
A. City requires the services of a Janitorial Company, for Janitorial Services at the Palm
Springs International Airport, (“Project”).
B. Contractor has submitted to City a Bid to provide Janitorial Services at the Palm
Springs International Airport, under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is qualified
and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Contractor for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants,
and conditions contained herein, and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,
Contractor shall provide services to City as described in the Scope of Services/Work
attached to this Agreement as Exhibit “A” and incorporated herein by reference (the
“Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and
the schedule of fees. Contractor warrants that the Services shall be performed in a
competent, professional, and satisfactory manner consistent with the level of care and skill
ordinarily exercised by high quality, experienced, and well qualified members of the
profession currently practicing under similar conditions. In the event of any inconsistency
between the terms contained in the Scope of Services/Work and the terms set forth in this
Agreement, the terms set forth in this Agreement shall govern.
1.2 Compliance with Law. Contractor shall comply with all applicable federal, state,
and local laws, statutes and ordinances and all lawful orders, rules, and regulations when
performing the Services. Contractor shall be liable for all violations of such laws and
regulations in connection with the Services and this Agreement.
1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such
licenses, permits, and approvals as may be required by law for the performance of the
Services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it
has carefully considered how the Work should be performed and fully understands the
facilities, difficulties, and restrictions attending performance of the Work under this
Agreement.
2. TIME FOR COMPLETION
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The time for completion of the Services to be performed by Contractor is an essential
condition of this Agreement. Contractor shall prosecute regularly and diligently the work of
this Agreement according to the agreed upon schedule of performance set forth in Exhibit
“A.” Neither Party shall be accountable for delays in performance caused by any condition
beyond the reasonable control and without the fault or negligence of the non-performing
Party. Delays shall not entitle Contractor to any additional compensation regardless of the
Party responsible for the delay.
3. COMPENSATION OF CONTRACTOR
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 Two Hundred Fifty
Seven Thousand One Dollar and Fifty-Two Cents ($257,001.52).
3.2 Method of Payment. In any month in which Contractor wishes to receive payment,
Contractor 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” for
authorized services performed. City shall pay Contractor for all expenses stated in the
invoice that are approved by City and consistent with this Agreement, within thirty (30) days
of receipt of Contractor’s invoice.
3.3 Changes. In the event any change or changes in the Services is requested by
City, Parties shall execute a written amendment to this Agreement, specifying all proposed
amendments, including, but not limited to, any additional fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents, work product, or Work,
when required by the enactment or revision of any subsequent law; or
B. To provide for additional services not included in this Agreement or not customarily
furnished in accordance with generally accepted practice in Contractor’s profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being
appropriated by the City Council of City for each fiscal year. If such appropriations are not
made, this Agreement shall automatically terminate without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All Services rendered under this Agreement shall be
performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time
period extension must be approved in writing by the Contract Officer.
4.3 Force Majeure. The time for performance of Services to be rendered under this
Agreement may be extended because of any delays due to a Force Majeure Event if
Contractor notifies the Contract Officer within ten (10) days of the commencement of the
Force Majeure Event. A Force Majeure Event shall mean an event that materially affects
the Contractor’s performance and is one or more of the following: (1) Acts of God or other
natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy;
(3) orders of governmental authorities (including, without limitation, unreasonable and
unforeseeable delay in the issuance of permits or approvals by governmental authorities
that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For
purposes of this section, “orders of governmental authorities,” includes ordinances,
emergency proclamations and orders, rules to protect the public health, welfare and safety,
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and other actions of the City in its capacity as a municipal authority. After Contractor
notification, the Contract Officer shall investigate the facts and the extent of any necessary
delay, and extend the time for performing the Services for the period of the enforced delay
when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s
determination shall be final and conclusive upon the Parties to this Agreement. The
Contractor will not receive an adjustment to the contract price or any other compen sation.
Notwithstanding the foregoing, the City may still terminate this Agreement in accordance
with the termination provisions of this Agreement.
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), commencing
on April 1, 2022, and ending on March 31, 2023, with two one-year options to renew
at the City’s sole discretion.
4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at
any time, with or without cause, upon thirty (30) days written notice to Contractor. Where
termination is due to the fault of Contractor and constitutes an immediate danger to health,
safety, and general welfare, the period of notice shall be such shorter time as may be
determined by the City. Upon receipt of the notice of termination, Contractor shall
immediately cease all Services except such as may be specifically approved by the Contract
Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt
of the notice of termination and for any Services authorized by the Contract Officer after
such notice. City shall not be liable for any costs other than the charges or portions thereof
which are specified herein. Contractor shall not be entitled to payment for unperformed
Services and shall not be entitled to damages or compensation for termination of Work. If
the termination is for cause, the City shall have the right to take whatever steps it deems
necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor,
who shall be liable for the full cost of the City's corrective action. Contractor may not
terminate this Agreement except for cause, upon thirty (30) days written notice to City.
5. COORDINATION OF WORK
5.1 Representative of Contractor. The following principal of Contractor is designated
as being the principal and representative of Contractor authorized to act and make all
decisions in its behalf with respect to the specified Services: Vernon Wyllie-James (name),
CFO (title). It is expressly understood that the experience, knowledge, education, capability,
and reputation of the foregoing principal is a substantial inducement for City to enter into
this Agreement. Therefore, the foregoing principal shall be responsible during the term of
this Agreement for directing all activities of Contractor and devoting sufficient time to
personally supervise the Services under this Agreement. The foregoing principal may not
be changed by Contractor without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her
designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract
Officer fully informed of the progress of the performance of the Services. Contractor shall
refer any decisions that must be made by City to the Contract Officer. Unless otherwise
specified, any approval of City shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, education, capability, and reputation of Contractor, its principals, and
employees, were a substantial inducement for City to enter into this Agreement. Contractor
shall not contract with any other individual or entity to perform any Services required under
this Agreement without the City's express written approval. In addition, neither this
Agreement nor any interest may be assigned or transferred, voluntarily or by operation of
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law, without the prior written approval of City. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement including without limitation
the insurance and indemnification requirements. If Contractor is permitted to subcontract
any part of this Agreement by City, Contractor shall be responsible to City for the acts and
omissions of its subcontractor(s) in the same manner as it is for persons directly employed.
Nothing contained in this Agreement shall create any contractual relationships between any
subcontractor and City.
5.4 Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode, or means by which Contractor, its agents, or employees,
perform the Services required, except as otherwise specified. Contractor shall perform all
required Services as an independent contractor of City and shall not be an employee of City
and shall remain at all times as to City a wholly independent contractor with only such
obligations as are consistent with that role; however, City shall have the right to review
Contractor’s work product, result, and advice. Contractor shall not at any time or in any
manner represent that it or any of its agents or employees are agents or employees of City.
Contractor shall pay all wages, salaries, and other amounts due personnel in connection
with their performance under this Agreement and as required by law. Contractor shall be
responsible for all reports and obligations respecting such personnel, including, but not
limited to: social security taxes, income tax withholding, unemployment insurance, and
workers’ compensation insurance. Contractor shall not have any authority to bind City in any
manner.
5.5 Personnel. Contractor agrees to assign the following individuals to perform the
services in this Agreement. Contractor shall not alter the assignment of the following
personnel without the prior written approval of the Contract Officer. Acting through the City
Manager, the City shall have the unrestricted right to order the removal of any personnel
assigned by Contractor by providing written notice to Contractor.
Name: Title:
Vernon Wyllie-James CFO
5.6 California Labor Code Requirements.
A. Contractor is aware of the requirements of California Labor Code Sections 1720
et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects
(“Prevailing Wage Laws”). If the Services are being performed as part of an applicable
“public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the
total compensation is $15,000 or more for maintenance or $25,000 or more for construction,
alteration, demolition, installation, or repair, Contractor agrees to fully comply with such
Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials,
officers, employees, and agents free and harmless from any claims, liabilities, costs,
penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing
Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply
with all California Labor Code provisions, which include but are not limited to prevailing
wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor
Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776),
hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and
subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works” or
“maintenance” project and if the total compensation is $15,000 or more for maintenance or
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$25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant
to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors
performing such Services must be registered with the Department of Industrial Relations.
Contractor shall maintain registration for the duration of the Project and require the same of
any subcontractors, as applicable. This Agreement may also be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be
Contractor’s sole responsibility to comply with all applicable registration and labor
compliance requirements.
6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance
as set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 Indemnification. To the fullest extent permitted by law, Contractor shall
defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City,
its elected officials, officers, employees, agents, and volunteers (collectively the
“Indemnified Parties”), from and against any and all liabilities, actions, suits, claims,
demands, losses, costs, judgments, arbitration awards, settlements, damages, demands,
orders, penalties, and expenses including legal costs and attorney fees (collectively
“Claims”), including but not limited to Claims arising from injuries to or death of persons
(Contractor’s employees included), for damage to property, including property owned by
City, for any violation of any federal, state, or local law or ordinance or in any manner arising
out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct
committed by Contractor, its officers, employees, representatives, and agents, that arise out
of or relate to Contractor’s performance of Services or this Agreement. This indemnification
clause excludes Claims arising from the sole negligence or willful misconduct of the
Indemnified Parties. Under no circumstances shall the insurance requirements and limits
set forth in this Agreement be construed to limit Contractor’s indemnification obligation or
other liability under this Agreement. Contractor’s indemnification obligation shall survive the
expiration or earlier termination of this Agreement until all actions against the Indemnified
Parties for such matters indemnified are fully and finally barred by the applicable statute of
limitations or, if an action is timely filed, until such action is final.
7.2 Design Professional Services Indemnification and Reimbursement. If
Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s
performance as a “design professional” (as that term is defined under Civil Code section
2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully
incorporated herein, Contractor’s indemnification obligation shall be limited to the extent
which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Contractor in the performance of the Services or this Agreement, and,
upon Contractor obtaining a final adjudication by a court of competent jurisdiction,
Contractor’s liability for such claim, including the cost to defend, shall not exceed the
Contractor’s proportionate percentage of fault.
8. RECORDS AND REPORTS
8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer
reports concerning the performance of the Services required by this Agreement, or as the
Contract Officer shall require.
8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all
time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor
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shall keep such books and records as shall be necessary to properly perform the Services
required by this Agreement and enable the Contract Officer to evaluate the performance of
such Services. The Contract Officer shall have full and free access to such books and
records at all reasonable times, including the right to inspect, copy, audit, and make records
and transcripts from such records.
8.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Contractor in the performance of this
Agreement shall be the property of City. Contractor shall deliver all above-referenced
documents to City upon request of the Contract Officer or upon the termination of this
Agreement. Contractor shall have no claim for further employment or additional
compensation as a result of the exercise by City of its full rights or ownership of the
documents and materials. Contractor may retain copies of such documents for Contractor's
own use. Contractor shall have an unrestricted right to use the concepts embodied in such
documents.
8.4 Release of Documents. All drawings, specifications, reports, records, documents,
and other materials prepared by Contractor in the performance of Services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer.
8.5 Audit and Inspection of Records. After receipt of reasonable notice and during
the regular business hours of City, Contractor shall provide City, or other agents of City,
such access to Contractor’s books, records, payroll documents, and facilities as City deems
necessary to examine, copy, audit, and inspect all accounting books, records, work data,
documents, and activities directly related to Contractor’s performance under this
Agreement. Contractor shall maintain such books, records, data, and documents in
accordance with generally accepted accounting principles and shall clearly identify and
make such items readily accessible to such parties during the term of this Agreement and
for a period of three (3) years from the date of final payment by City hereunder.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim, or matter arising out of or in relation
to this Agreement shall be instituted in the Superior Court of the County of Riverside, State
of California, or any other appropriate court in such county, and Contractor covenants and
agrees to submit to the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according to its fair
language and common meaning to achieve the objectives and purposes of the Parties. The
terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California
Civil Code Section 1654) that ambiguities are to be construed against the drafting party,
shall not be employed in the interpretation of this Agreement. The caption headings of the
various sections and paragraphs of this Agreement are for convenience and identification
purposes only and shall not be deemed to limit, expand, or define the contents of the
respective sections or paragraphs.
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non-
defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
No consent or approval of City shall be deemed to waive or render unnecessary City’s
consent to or approval of any subsequent act of Contractor. Any waiver by either Party of
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any default must be in writing. No such waiver shall be a waiver of any other default
concerning the same or any other provision of this Agreement.
9.4 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of
the parties are cumulative. The exercise by either Party of one or more of such rights or
remedies shall not preclude the exercise by it, at the same or different times, of any other
rights or remedies for the same default or any other default by the other Party.
9.5 Legal Action. In addition to any other rights or remedies, either Party may take
legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages
for any default, to compel specific performance of this Agreement, to obtain injunctive relief,
a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
9.6 Attorney Fees. In the event any dispute between the Parties with respect to this
Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be
entitled, in addition to such other relief as may be granted, to recover from the non-prevailing
Party all reasonable costs and expenses. These include but are not limited to reasonable
attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred
in any appeal or in collection of any judgment entered in such proceeding.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee of City
shall be personally liable to the Contractor, or any successor-in-interest, in the event of any
default or breach by City or for any amount which may become due to the Contractor or its
successor, or for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the
City has or shall have any direct or indirect financial interest in this Agreement, nor shall
Contractor enter into any agreement of any kind with any such officer or employee during
the term of this Agreement and for one (1) year thereafter. Contractor warrants that
Contractor has not paid or given, and will not pay or give, any third party any money or other
consideration in exchange for obtaining this Agreement.
10.3 Covenant Against Discrimination. In connection with its performance under this
Agreement, Contractor shall not discriminate against any employee or applicant for
employment because of actual or perceived race, religion, color, sex, age, marital status,
ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic
characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical
or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure
that applicants are employed, and that employees are treated during their employment,
without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to
enter this Agreement, and in executing this Agreement, Contractor certifies that its actions
and omissions hereunder shall not incorporate any discrimination arising from or related to
any prohibited basis in any Contractor activity, including but not limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship; and further, that Contractor is in full compliance with the provisions
of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision
of benefits, relating to non-discrimination in city contracting.
11. MISCELLANEOUS PROVISIONS
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11.1 Notice. Any notice, demand, request, consent, approval, or communication that
either Party desires, or is required to give to the other Party or any other person shall be in
writing and either served personally or sent by pre-paid, first-class mail to the address set
forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of
mailing if mailed as provided in this Section. Either Party may change its address by notifying
the other Party of the change of address in writing.
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Vested Solutions
Attention: Vernon Wyllie-James
PO Box 642
Palm Desert, CA 92260
11.2 Integrated Agreement. This Agreement constitutes the entire understanding
between the Parties and supersedes and cancels all prior negotiations, arrangements,
agreements, representations, and understandings, if any, made by or among the Parties
with respect to the subject matter in this Agreement.
11.3 Amendment. No amendments or other modifications of this Agreement shall be
binding unless through written agreement signed by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. In the event
that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained
in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of
a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of
the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement,
which shall be interpreted to carry out the intent of the Parties.
11.5 Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties’ successors and assignees.
11.6 Third Party Beneficiary. Except as may be expressly provided for in this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this
Agreement be construed as conferring, any rights, including, without limitation, any rights
as a third-party beneficiary or otherwise, upon any entity or person not a party to this
Agreement.
11.7 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth in this Agreement and each Party acknowledges and
agrees that such Party is bound, for purposes of this Agreement, by the same.
11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant
that they are duly authorized to execute this Agreement on behalf of Parties and that by so
executing this Agreement the Parties are formally bound to the provisions of this Agreement.
11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original.
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SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND ETERNAL LOVE LLC, DBA
VESTED SOLUTIONS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated
below.
CONTRACTOR:
By: _____________________________ By: _____________________________
Signature Signature (2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: 3/10/2022 Item No. 1J Agreement No. A9010
APPROVED AS TO FORM: ATTEST:
By: _____________________________ By: _____________________________
Jeffrey S. Ballinger, Monique Lomeli,
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
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3/14/2022
3/16/2022
EXHIBIT “A”
CONTRACTOR’S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
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SCOPE OF WORK
1.1 Scope:
A. General
1. The Contractor shall provide adequate janitorial staff and supervision to complete
overnight cleaning work up to a total of 6,000 annual labor-hours up to (but may
be less than) 360 nights per year during the peak months of November through
April. Work must take place between the hours of 11:00p.m. thru 6:00a.m. The
nights leading into the following holidays are excluded: New Year’s Day,
Independence Day, Thanksgiving Day, Christmas Eve and Christmas Day.
2. In addition to the above, the Contractor shall provide two restroom attendants (1
male and 1 female) who shall work up to (but may be less than) 3,800 annual
labor hours and whose sole responsibility will be to attend to and ensure the
cleanliness of 16 public restrooms. Work shall be scheduled during daytime peak
hour periods, as defined by Airport staff up to 200 days during the year. Airport
staff shall provide peak hour demand data to the Contractor and the Airport and
Contractor shall jointly determine the attendant schedule on a quarterly basis.
3. Work shall include 89,229 sf of total area in the Terminal Campus, which is
inclusive of the Airport Main Terminal, Bono Concourse, and Regional Jet
Concourse buildings.
4. If the Airport deems it necessary to add, change, reduce, or discontinue custodial
services at any facility(s) for any length of time, the Contractor shall be notified in
writing by the Contract Officer. The Contractor shall be prepared and able to
provide expanded or reduced services as needed within fourteen days of
receiving written notification. Upon request, the Contractor should be prepared to
provide a written quote for any changes in scope of services.
5. The Contractor’s staff must follow the COVID safety protocols that are in place at
the time the work is being performed, such as wearing masks indoors, etc.
B. Description
1. Contractor shall achieve the look and smell of a newly cleaned building at
completion of the overnight work shift (i.e., by 6:00 a.m.);
2. Contractor shall have a quality assurance program collaboratively developed with
the Airport that measures the performance of the Contractor;
3. Contractor shall have a training program for the Contractor’s staff to ensure staff
can perform to the quality level necessary and that includes a safety component
to maintain safe working conditions for the Contractor’s workers, the traveling
public, tenants, and Airport employees; and
4. Contractor shall deliver an excellent, seamless airport experience to the Airport’s
customers.
C. SCOPE
1. The Contractor shall engage in quarterly business reviews with the Airport to
review and discuss performance and business issues as needed.
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2. The Airport will be responsible for the procurement and restocking of
“consumables” and “supplies” required for cleaning. of Airport facilities as
described herein shall include but not limited to:
a. All cleaning supplies
b. Disinfectants
c. Paper towels
d. Toilet paper
e. Hand Soap
f. Seat cover paper products
3. The CONTRACTOR shall be responsible for the supply and provision of
“equipment”. “Equipment” required for the performance of work as described
herein and supplied by the Contractor shall include, but not be limited to:
a. Cleaning rags
b. Wet floor signage
c. Barricades
d. Cleaning equipment
e. Mops, brooms
f. Vacuums
D. GENERAL REQUIREMENTS
1. All employees or agents of the Contractor shall be fully trained and qualified to
perform the specified tasks in a satisfactory manner.
2. The City of Palm Springs and Palm Springs International Airport assumes no
responsibility whatsoever for loss or damage to equipment owned or operated by
the Contractor, its agents, or employees.
3. The Contractor shall assign a service representative who will be responsible for
managing services as specified herein, including escalation management as may
be applicable. The service representative shall be responsive and shall provide
current and accurate contact information to the Airport.
4. The Contractor’s employees shall submit to a Criminal History Records Check
(CHRC) in accordance with Transportation Security Administration regulations
and for badging purposes. Certain Contractor employees may be barred from
working based on the results of the CHRC or other conditions required by the City
of Palm Springs.
5. The Contractor’s employees shall wear uniforms that uniquely identify the
employees as providing janitorial services and that are approved by the Airport.
Uniforms must consist of a collared shirt with Contractor’s logo, pants, closed-tie
shoes that are industry standard for non-slip. If jackets, sweaters, or head
coverings are worn, they must coordinate with the uniform and bear clearly the
Contractor’s identification. The Contractor’s employees shall be in an approved
uniform that is clean, groomed, and neat, and free from tears, holes, frayed edges,
and body odor. Employees shall project a professional, neat, and clean
appearance always.
DocuSign Envelope ID: B3F4B42F-7F3B-492F-8E35-470192BFD4B9
6. The Airport reserves the right to request reassignment or removal of the
Contractor’s employees.
7. The Contractor’s staff is prohibited from using tobacco and vaping products in
public areas. Additionally, the use of illegal drugs, is prohibited on City premises.
E. BUILDING SECURITY
1. Keys may be issued for locations requiring janitorial services and will be provided
to the Contractor as necessary. The Contractor shall guarantee that the
buildings/sites are securely locked at all times during and after work is performed.
Lost keys shall be immediately reported to the Airport Security Coordinator or
Operations Supervisor. The Airport will charge the Contractor $50.00 for each lost
key. Furthermore, the Contractor shall reimburse the Airport for all associated
costs of re-keying any or all locks. The Contractor will be subject to a quarterly
audit.
2. The Contractor’s employees will be required to know and adhere to Airport
Security Regulations at all times.
F. SAFETY AND TRAINING
1. All work shall be accomplished in accordance with these specifications and in
conformance with all applicable California Occupational Safety and Health
Administration (Cal/OSHA) standards, rules, regulations, and orders established
by the Federal Government, State of California, County of Riverside and Airport
rules and regulations.
2. The Contractor must provide any required Personal Protective Equipment (PPE)
to employees and must ensure that all PPE is used and maintained in a sanitary
and reliable condition.
3. The Contractor must utilize cleaning methodologies and PPE to prevent/minimize
cross-contamination of germs and bacteria from one facility surface to another.
(For example, the using a tool to wipe down a toilet and then using the same tool
to wipe down a sink).
4. The Contractor shall employ employees that are trained in biohazard cleaning
and methodology (i.e. needles, blood, etc.).
5. The Contractor shall provide details of comprehensive training for all employees.
Training shall include methods and materials for restroom care, general cleaning,
carpet care, hard surface floor care, and special area cleaning as well as spills
and safety in the workplace. Initial, recurrent, and ongoing training records shall
be provided to the Airport on a frequency that keeps records up to date.
G. HAZARDOUS WASTE
1. The Contractor shall not improperly store, use, or dispose of hazardous materials
on Airport property, nor cause, permit, or allow any officer, agent, employee,
contractor, permittee, or invitee of the Contractor to improperly store, use or
dispose of hazardous materials on Airport property. The Contractor shall
immediately notify the Airport of any hazardous material release, which occurs on
Airport property, regardless of whether the release was caused by or results from
the Contractor’s activities or is in a quantity that would otherwise be reportable to
a public agency.
2. As used herein "hazardous materials" shall mean any and all:
DocuSign Envelope ID: B3F4B42F-7F3B-492F-8E35-470192BFD4B9
a. substances, products, by-products, waste, or other materials of any nature or
kind whatsoever which is or becomes listed, regulated, or addressed under
any environmental laws, and
b. any materials, substances, products, by-products, waste, or other materials of
any nature or kind whatsoever whose presence in and of itself or in
combination with other materials, substances, products, by-products, or waste
may give rise to liability under any environmental law or any statutory or
common law theory based on negligence, trespass, intentional tort, nuisance,
strict or absolute liability or under any reported decisions of any state or
federal court; and
c. any substance, product, by-product, waste, or any other material which may
be hazardous or harmful to the air, water, soil, environment or affect industrial
hygiene, occupational, health, safety and/or general welfare conditions,
including without limitation, petroleum and/or asbestos materials, products,
by-products, or waste. "Environmental laws" shall be used as a collective term
to refer to aspects of local, state, or federal laws that provide protection to the
environment.
H. STORM DRAIN AND WATER COURSE PROTECTION
The Contractor must abide by the rules of the Industrial General Permit (IGP) and the
Airport Storm Water Pollution Prevention Plan (SWPPP). The Contractor must follow
the Best Management Practice (BMP) to ensure that the storm drain inlets are
covered, and all wash water is collected and disposed of to the sanitary sewer.
I. CLEANING REQUIREMENTS AND STANDARDS
1. Definitions
a. Auto Scrubbing: Using a machine to clean hard floor surfaces or other related
hard surfaces. Auto scrubbing is satisfactorily performed when all surfaces are
without embedded dirt, cleaning solution, film, debris, stains, and marks, or
standing water, and the floor has a uniformly clean appearance.
b. Brightwork: Polished leading edges or plated metalwork.
c. Clean: The act of removing dirt and other impurities from a surface, if required.
d. Damp-mop: Using a moist mop to remove all dirt, dust, spots, streaks, stains,
smudges, litter, gum, hard water deposits, and other extraneous matter from a
floor or similar surface. A satisfactorily damp mopped floor is free of dirt, dust,
marks, film, streaks, debris, and/or standing water. The Contractor shall
provide enough barricades, traffic cones, and proper slip hazard signs for each
floor area being cleaned to adequately protect the public and/or passersby.
Water is to be renewed/changed when changing between areas.
e. Disinfect: Cleaning in a manner that destroys harmful micro-organisms by the
application of an approved chemical agent.
f. Dispenser: A mechanical device attached to a restroom wall or partition, which
is used to dispense soap, towels, feminine hygiene products, toilet paper, toilet
seat covers, etc.
g. Fixture: Toilets, urinals, sinks (including faucets), counters and backsplashes,
or any other device attached to a restroom wall, floor, or ceiling.
DocuSign Envelope ID: B3F4B42F-7F3B-492F-8E35-470192BFD4B9
h. Hard surface: Brick, terrazzo, ceramic tile, marble, etc.
i. Partition: A barrier between restroom stalls and walls or dividers within a facility
that does not touch the ceiling.
j. Sanitize: To bring to a state of cleanliness.
k. Scrub: Vigorous cleaning performed by a machine or by hand with a scrub
brush. Scrubbing is satisfactorily performed when all surfaces are without
embedded dirt, cleaning solution, film, debris, stains, and marks, or standing
water, and the floor has a uniformly clean appearance. For floor care, the
scrubbing method used must be sufficient to clean all grout and/or uneven floor
surfaces.
l. Spot Clean: Cleaning areas that contain dirty spots, fingerprints, stains,
smudges, etc., with an approved cleaner without causing discoloration,
staining, or damage.
m. Spray Buff/Burnish: A method of touching up areas of flooring where the finish
is dull. Using a floor polishing machine, synthetic fiber pad, and spray
equipment, dull areas are sprayed with a fine mist of floor finish and
immediately buffed.
n. Vacuum: Completely removing lint, dust, loose soil, and debris from a surface,
using a commercial grade vacuum cleaner with a High Efficiency Particulate
Air (HEPA) filter.
o. Wet and Dry Spills: Must be sanitized, disinfected as needed, and dried
immediately. Wet floor signage shall be placed around the area while cleaning
is in progress.
p. Wipe: Using a damp cloth, wipe a designated surface to remove all dirt, dust,
lint, spots, smudges, etc.
1.2 Schedule of Performance
The following represents the areas that the Contractor shall be responsible for maintaining
and is representative of the duties involved with each area.
Area of Responsibility
SCHEDULE OF PERFORMANCE
Main Terminal
Description Frequency Special
Area
Square
Footage
Main Terminal - Pre-Security/Central Lobby & Checkpoint 34,324
Main Terminal - Ticketing 10,839
Main Terminal - Baggage Claim 6,882
Holdrooms - Bono and RJ Concourses 31,005
Public Restrooms (16) 6,179
Total 89,229
DocuSign Envelope ID: B3F4B42F-7F3B-492F-8E35-470192BFD4B9
Instructions
Restroom
Cleaning (4
Restrooms –
upper/lower
mezzanine)
Wipe and Clean Mirrors Nightly
Clean sinks and fixtures Nightly
Wet wipe urinal and toilet partitions Nightly
Clean and sanitize toilets and
urinals
Nightly
Wet wipe and fill seat cover
dispenser
Nightly
Empty trash containers Nightly
Wet wipe exterior of trash
containers
Nightly
Full sweep and damp mop Nightly
Fill toilet paper dispenser Nightly
Fill soap dispensers Nightly
Fill paper towel dispensers Nightly
Spot Clean walls Nightly
Secure all equipment/signage in
storage area
Nightly
Brightwork Nightly
Auto Scrub Floors 1x per
week
De-scale urinals/toilets to
eliminated buildup
1x per
week
Clean HVAC vents 1x per
week
Replace air fresheners 1x per
week
Public Area
Carpets and
Floors
Vacuum all carpet, including under
chairs
Nightly
Spot clean carpet Nightly
Clean carpet walk off mats Nightly
Full carpet shampoo/cleaning 1x per
month
DocuSign Envelope ID: B3F4B42F-7F3B-492F-8E35-470192BFD4B9
Airline Office
Hallway
Cleaning
Sweep and damp mop floors Nightly
Remove garbage Nightly
Exterior
Windows and
Auto Doors
Spot Clean Nightly
Full Clean inside and out 1x month
TSA Leased
Area
Vacuum Hallways Nightly Between 4:30a
-6:00a
Sweep, Mop breakroom Nightly Between 4:30a
-6:00a
Damp wipe and sanitize breakroom Nightly Between 4:30a
-6:00a
Spray Disinfect Checkpoint Nightly Between 4:30a
-6:00a
Bono Concourse
Description Frequency Special
Instructions
Restroom
Cleaning (4
Restrooms –
Upper and
Lower Bono)
Wipe and Clean Mirrors Nightly
Clean sinks and fixtures Nightly
Wet wipe urinal and toilet partitions Nightly
Clean and sanitize toilets and
urinals
Nightly
Wet wipe and fill seat cover
dispenser
Nightly
Empty trash containers Nightly
Wet wipe exterior of trash
containers
Nightly
Full sweep and damp mop Nightly
Fill toilet paper dispenser Nightly
Fill soap dispensers Nightly
Fill paper towel dispensers Nightly
Spot Clean walls Nightly
DocuSign Envelope ID: B3F4B42F-7F3B-492F-8E35-470192BFD4B9
Secure all equipment/signage in
storage area
Nightly
Brightwork Nightly
Auto Scrub Floors 1x per
week
De-scale urinals/toilets to
eliminated buildup
1x per
week
Clean HVAC vents 1x per
week
Replace air fresheners 1x per
week
Public Area
Carpets and
Floors
Vacuum all carpet, including under
chairs
Nightly
Spot clean carpet Nightly
Clean carpet walk off mats Nightly
Sweep and mop hard floors Nightly
Full carpet shampoo/cleaning 1x per
month
Hold room
Seating
Clean and disinfect all seating Nightly
Passenger
Boarding
Bridges
Sweep and damp mop floors Nightly
Damp wipe full height of walls Nightly
Clean Cab windows Nightly
Remove Trash Nightly
Windows and
Automatic
doors
Spot Clean Nightly
Full Clean inside and out 1x Month
Vending,
phones,
ATMS
Dust and wipe down machines Nightly
Escalator
Conveyances
Dust and wipe handrails 1x per
week
Clean glass 1x per
week
Shop vac/blow stairs 1x per
DocuSign Envelope ID: B3F4B42F-7F3B-492F-8E35-470192BFD4B9
week
Brightwork/polish steel 1x per
week
Garbage Empty garbage cans Nightly
Wipe/clean garbage cans and
surrounding area
Nightly
Regional Jet Concourse
Description Frequency Special
Instructions
Courtyard
Restroom
Cleaning (4
restrooms –
main
courtyard
and RJ)
Wipe and Clean Mirrors Nightly
Clean sinks and fixtures Nightly
Wet wipe urinal and toilet partitions Nightly
Clean and sanitize toilets and
urinals
Nightly
Wet wipe and fill seat cover
dispenser
Nightly
Empty trash containers Nightly
Wet wipe exterior of trash
containers
Nightly
Full sweep and damp mop Nightly
Fill toilet paper dispenser Nightly
Fill soap dispensers Nightly
Fill paper towel dispensers Nightly
Spot Clean walls Nightly
Secure all equipment/signage in
storage area
Nightly
Brightwork Nightly
Auto Scrub Floors 1x per
week
De-scale urinals/toilets to
eliminated buildup
1x per
week
Clean HVAC vents 1x per
week
DocuSign Envelope ID: B3F4B42F-7F3B-492F-8E35-470192BFD4B9
Replace air fresheners 1x per
week
Public Area
Carpets and
Floors
Vacuum all carpet, including under
chairs
Nightly
Spot clean carpet Nightly
Clean carpet walk off mats Nightly
Sweep and mop hard floors Nightly
Full carpet shampoo/cleaning 1x per
month
Hold room
Seating
Clean and disinfect all seating Nightly
Windows and
Automatic
doors
Spot Clean Nightly
Full Clean inside and out 1x per
month
Vending,
phones,
ATMS
Dust and wipe down machines Nightly
Garbage Empty garbage cans Nightly
Wipe/clean garbage cans and
surrounding area
Nightly
DocuSign Envelope ID: B3F4B42F-7F3B-492F-8E35-470192BFD4B9
DocuSign Envelope ID: B3F4B42F-7F3B-492F-8E35-470192BFD4B9
EXHIBIT “B”
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
DocuSign Envelope ID: B3F4B42F-7F3B-492F-8E35-470192BFD4B9
INSURANCE
1. Procurement and Maintenance of Insurance. Contractor shall procure and
maintain public liability and property damage insurance against all claims for injuries against
persons or damages to property resulting from Contractor’s performance under this
Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense,
in a form and content satisfactory to the City, and submit concurrently with its execution of
this Agreement. Contractor shall also carry workers’ compensation insurance in accordance
with California workers’ compensation laws. Such insurance shall be kept in full force and
effect during the term of this Agreement, including any extensions. Such insurance shall not
be cancelable without thirty (30) days advance written notice to City of any proposed
cancellation. Certificates of insurance evidencing the foregoing and designating the City, its
elected officials, officers, employees, agents, and volunteers as additional named insureds
by original endorsement shall be delivered to and approved by City prior to commencement
of services. The procuring of such insurance and the delivery of policies, certificates, and
endorsements evidencing the same shall not be construed as a limitation of Contractor’s
obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.
2. Minimum Scope of Insurance. The minimum amount of insurance required under
this Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least one
million dollars ($1,000,000.00) combined single limit coverage per occurrence and two
million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million dollars
($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of at least one
million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual
aggregate is:
_________ required
___x_____ is not required;
4. Workers’ Compensation insurance in the statutory amount as required by the State
of California and Employer’s Liability Insurance with limits of at least one million dollars $1
million per occurrence. If Contractor has no employees, Contractor shall complete the City’s
Invitation for Waiver of Workers’ Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Contractor’s
insurance coverage shall be primary with respect to the City and its respective elected
officials, officers, employees, agents, and volunteers. Any insurance or self-insurance
maintained by City and its respective elected officials, officers, employees, agents, and
volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For
Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all
rights of subrogation and contribution it may have against City, its elected officials, officers,
employees, agents, and volunteers.
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required,
and if Contractor provides claims made professional liability insurance, Contractor shall also
agree in writing either (1) to purchase tail insurance in the amount required by this
Agreement to cover claims made within three years of the completion of Contractor’s
services under this Agreement, or (2) to maintain professional liability insurance coverage
with the same carrier in the amount required by this Agreement for at least three years after
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completion of Contractor’s services under this Agreement. Contractor shall also be required
to provide evidence to City of the purchase of the required tail insurance or continuation of
the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided
by authorized insurers in good standing with the State of California. Coverage shall be
provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of
B++, Class VII, or better, unless otherwise acceptable to the City.
6. Verification of Coverage. Contractor shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, effecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance
is to be received and approved by the City before work commences. City reserves the right
to require Contractor’s insurers to provide complete, certified copies of all required insurance
policies at any time. Additional insured endorsements are not required for Errors and
Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate
of Liability Insurance Coverage with an approved Additional Insured Endorsement with the
following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an
additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and
all work performed with the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for
any and all work performed with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the expiration date
thereof, the issuing company will mail 30 days written notice to the Certificate Holder
named." Language such as, “endeavor to” mail and "but failure to mail such notice shall
impose no obligation or liability of any kind upon the company, its agents or representative"
is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the
insurer's waiver of subrogation in favor of City, its elected officials, officers, employees,
agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City
before work commences. All certificates of insurance must be authorized by a person with
authority to bind coverage, whether that is the authorized agent/broker or insurance
DocuSign Envelope ID: B3F4B42F-7F3B-492F-8E35-470192BFD4B9
underwriter. Failure to obtain the required documents prior to the commencement of work
shall not waive the Contractor’s obligation to provide them.
7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City prior to commencing any work or
services under this Agreement. At the option of the City, either (1) the insurer shall reduce
or eliminate such deductibles or self-insured retentions with respect to the City, its elected
officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses. Certificates of Insurance must include evidence of the amount of any
deductible or self-insured retention under the policy. Contractor guarantees payment of all
deductibles and self-insured retentions.
8. Severability of Interests (Separation of Insureds). This insurance applies
separately to each insured against whom claim is made or suit is brought except with respect
to the limits of the insurer’s liability.
DocuSign Envelope ID: B3F4B42F-7F3B-492F-8E35-470192BFD4B9
CONTRACT ABSTRACT
2 Originals: Agreement; 1 Original: Performance & Payment Bond and Insurance
Contract
Company Name:
Company Contact:
Summary of Services:
Contract Price:
Funding Source:
Contract Term:
Vested Solutions dba Eternal Love Limited Liability Company
Vernon Wyllie-James (CFO)
Janitorial Services for the Airport (1 year)
$257,001.52
Airport: 4157050-40105
April 01, 2022 through March 31, 2023
Contract Administration
Lead Department:
Contract Administrator:
Airport
Harry Barrett
Contract Approvals
Council Approval:
Resolution Number:
Agreement Number:
3/10/2022
1J
A9010
Contract Compliance
Exhibits:
Signatures:
Insurance:
Bonds:
Yes
Yes
Yes
N/A
Contract Prepared By: Procurement and Contracting
Submitted on: January 14, 2022 By: Brian Sotak-Rossman
DocuSign Envelope ID: B3F4B42F-7F3B-492F-8E35-470192BFD4B9