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HomeMy WebLinkAboutA9130 - THE ART COLLECTIVEDocuSign Envelope ID: E0004B97-334C-45B3-9396-ED1C98D1F8A9 AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. 9130 FRANK BOGERT STATUE DEINSTALLATION BY THE ART COLLECTIVE This Amendment No. 1 to the Contract Services Agreement (A9130), (“Amendment No. 1”), is made and entered into this _____ day of _____________, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and The Art Collective, LLC, a California 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 professional fine art services for the deinstallation, transportation and potential reinstallation of the Bogert Statue on Horseback from City Hall, (“Project”). B. Contractor has submitted to City a proposal to provide the deinstallation, transportation, and reinstallation of the Bogert Statue on Horseback from City Hall, to City 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. The City now wishes to amend Exhibit “A” Scope of Services to allow for rescheduling of the Project and required services outlined in Contractor’s proposal, Attachment 1, an increase of $887.80, for an amount not to exceed $11,337.80; and extend the contract term an additional two (2) months through August 31, 2022. E. In consideration of these promises and mutual agreements, City agrees to retain and does hereby retain Contractor and Contractor agrees to provide services to the City as follows: AGREEMENT SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this First Amendment. SECTION 2. Compensation of Contractor. 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 $11,337.80. DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD July11 SECTION 3. Term. Section 4.4 of the Agreement is hereby amended in its entirety to read as follows: 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 (4) months, comm encing on May 1, 2022, and ending on August 31, 2022, unless extended by mutual written agreement of the Parties. SECTION 4. Exhibit “A” Scope of Services is hereby amended in its entirety to include those services performed and proposed by Attachment 1. SECTION 5. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement 9130, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 1 and any provisions of the Contract Services Agreement 9130, the provisions of this Amendment No. 1 shall in all respects govern and control. SECTION 6. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (I) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said Party is bound. Except as specifically amended by this Amendment No. 1, all terms and provisions of Agreement No. 9130 remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 as of the dates stated below. “CITY” City of Palm Springs Date: _________________________ By: _____________________________ Teresa Gallavan, Assistant City Manager APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _____________________________ Jeffrey Ballinger, City Attorney Monique Lomeli, CMC, Interim City Clerk “CONTRACTOR” The Art Collective Date: __________________________ By: Date: __________________________ By: Check one: __Individual __Partnership __Corporation Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD 7/7/2022 7/11/2022 ATTACHMENT 1 DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD EXHIBIT “A” SCOPE OF SERVICES Including, Schedule of Fees And Schedule of Performance DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD Thank you for the opportunity to assist with your fine art service needs. Please make checks out to The Art Collective or pay with an online payment link. For wire or ACH payment options please contact arlene@theartcollective.com The Art Collective Fine Art Services, LLC 34-330 Gateway Drive, Unit 110 Palm Desert CA 92211 SERVICES DATE RATE TOTAL Transport & pending services for Bogert Statue Move 4 art handlers @ daily rate 5/17 - Prep and site scope. Hold on sculpture move due to protest. 4 art handlers @ hourly rate 7 am - 11 am 5/18 - Prep and site ready. Cancel on sculpture move due to restraining order. Rental return 5/17/22 5/18 $680/art handler per day $85/art handler/ per day $2720 $1360 Flat Bed Truck rental + fuel surcharge -2 Day rental -Specialty equipment from Jurupa Valley location *Pick up and transport fees apply 5/17 & 5/18 $657.30 Sculpture protective packing: $350
 Tyvek wrapping
 Moving blankets Custom pallet $350 $500 Crane and equipment rental - 3 hours + fuel surcharge 2nd day hold - fee waived 5/17 $610.50 INVOICE TOTAL $6,197.80 INVOICE #22-089 
 May 20 , 2022 Frank Bogert Statue on Horseback Deinstallation from City Hall FOR
 City of Palm Springs
 c/o Teresa Gallavan 3200 E Tahquitz Canyon Way Palm Springs CA 760 262 7741 _ 34330 Gateway Dr, #110 _ Palm Desert, CA 92211 DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD The above is an ESTIMATE based upon the information provided. Final cost may vary depending upon actual dimensions and job conditions. This estimate is valid for 30 days Excess Valuation is NOT included in this estimate unless specifically requested by you and shown in the Excess Valuation line above with an associated cost. The Art Collective Fine Art Services, LLC 34-330 Gateway Drive, Unit 110 Palm Desert CA 92211 SERVICES DATE RATE TOTAL Transport & Fine Art Services for Bogert Statue Move 4 art handlers @ daily rate - Prep sculpture and area - Crane assist for pic point - Crane assist for move of sculpture to pallet - Securing sculpture to pallet for transport - Transport to City Yard & Secure location 7/14/22 $680/art handler per day $85/art handler/ per day $2720 Cleaning of sculpture prior to deinstall 3 art handlers, 4 hours $1020 Flat Bed Truck rental + fuel surcharge -1 Day rental *Pick up and transport fees apply $400 Crane and equipment rental - 4 hours minimum charge 7/14/22 $1000 ESTIMATE TOTAL $5,140.00 ESTIMATE #22-089-02 
 July 1, 2022 Frank Bogert Statue on Horseback Deinstallation from City Hall FOR
 City of Palm Springs
 c/o Teresa Gallavan 3200 E Tahquitz Canyon Way Palm Springs CA 760 262 7741 _ 34330 Gateway Dr, #110 _ Palm Desert, CA 92211 DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD Submitted on: 07/07/2022 By: Tabitha Richards CONTRACT ABSTRACT 1 Original: Contract Services Agreement Contract Company Name: Summary of Services: Contract Price: Funding Source: Contract Term: The Art Collective, LLC Professional Fine Art Services for the deinstallation, transportation, and potential reinstallation of the Bogert Statue on Horseback $11,337.80 (including the Amendment no. 1 for an increase of $887.80) 1001005-40105 One (4) Months, ending August 31, 2022 Contract Administration Lead Department: Contract Administrator: Assistant City Manager Teresa Gallavan Assistant City Manager Approval: Resolution Number: Agreement Number: N/A A9130 Contract Compliance Exhibits: Signatures: Insurance: Bonds: Attached Attached Attached N/A Contract Prepared by: Tabitha Richards DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Palm Springs CA 92262 3200 E. Tahquitz Canyon Way City of Palm Springs The City of Palm Springs, its officials, employees, and agents are named as an additional insured for any and all work performed with the City. This insurance is primary and non-contributory over any insurance or self-insurance the City may have for any and all work performed with the City. 1,000,000 1,000,000 1,000,000 8 08/20/202208/20/2021TWC4015043YYC 1,000,000 09/06/202209/06/202157UECFP6693Y 8 8 8 B 2,000,000 2,000,000 1,000,000 10,000 1,000,000 1,000,000 09/06/202209/06/202157SBABM2310Y 8 8 8 A 22357HARTFORD ACCID & IND CO 11000SENTINEL INS CO LTD 92211CAPalm Desert 34330 Gateway Dr Ste 110 The Art Collective jeremy.wilkins@jumpins.com 760-610-6145 Jeremy Wilkins 92211CAPalm Desert 77682 Country Club Drive Ste I Jump Insurance Services 5/4/2022 DocuSign Envelope ID: B8C0A20D-E823-458B-A356-123255847FCD DocuSign Envelope ID: E0004B97-334C-45B3-9396-ED1C98D1F8A9 DocuSign Envelope ID: E0004B97-334C-45B3-9396-ED1C98D1F8A9 DocuSign Envelope ID: E0004B97-334C-45B3-9396-ED1C98D1F8A9 DocuSign Envelope ID: E0004B97-334C-45B3-9396-ED1C98D1F8A9 DocuSign Envelope ID: E0004B97-334C-45B3-9396-ED1C98D1F8A9 DocuSign Envelope ID: E0004B97-334C-45B3-9396-ED1C98D1F8A9 DocuSign Envelope ID: E0004B97-334C-45B3-9396-ED1C98D1F8A9 DocuSign Envelope ID: E0004B97-334C-45B3-9396-ED1C98D1F8A9 DocuSign Envelope ID: E0004B97-334C-45B3-9396-ED1C98D1F8A9 DocuSign Envelope ID: E0004B97-334C-45B3-9396-ED1C98D1F8A9 DocuSign Envelope ID: E0004B97-334C-45B3-9396-ED1C98D1F8A9N/AN/A DocuSign Envelope ID: E0004B97-334C-45B3-9396-ED1C98D1F8A9 DocuSign Envelope ID: E0004B97-334C-45B3-9396-ED1C98D1F8A9 DocuSign Envelope ID: E0004B97-334C-45B3-9396-ED1C98D1F8A9 DocuSign Envelope ID: E0004B97-334C-45B3-9396-ED1C98D1F8A9 DocuSign Envelope ID: E0004B97-334C-45B3-9396-ED1C98D1F8A9 DocuSign Envelope ID: E0004B97-334C-45B3-9396-ED1C98D1F8A9