HomeMy WebLinkAbout24B236 - Marvin's Auto Paint IncCONTRACT ABSTRACT
Contract/Amendment
Name of Contract:
Company Name:
Company Contact:
Email:
Summary of Services:
Contract Price:
Contract Term:
Public Integrity/ Business
Disclosure Forms:
Contract Administration
Lead Department:
Contract Administrator/ Ext:
Contract Approvals
Council/City Manager Approval Date:
Agreement Number:
Amendment Number:
Contract Compliance
Exhibits:
Insurance:
Routed By:
Bonds:
Business License:
Sole Source Co-Op
CoOp Agmt #: Sole Source
Documents: CoOp Name:
CoOp Pricing:
By: Submitted on:
Contract Abstract Form Rev 8.16.23
Authorized Signers:
Name, Email
(Corporations require 2 signatures)
Auto Body Repair Services
Marvin's Auto Paint Inc
Marvin Martinez
marvinsvt@hotmail.com
Auto Body Repair Services
$309,450.00
November 25, 2024 to November 24, 2027
Yes
Marvin Martinez - marvinsvt@hotmail.com
Kathleen Aguilar - incmanager651@outlook.com
Maintenance & Facilities
Daniel Martinez / Tabitha Richards
11/21/2024
24B236
N/A
Yes
Yes
Yes
Procurement
N/A
No
IFB 24-23
N/A
N/A
N/A
11/18/2024 Anil Cholakkara
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CONTRACT SERVICES AGREEMENT 24B236
AUTO BODY REPAIR SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered
into on November 25, 2024, by and between the City of Palm Springs, a California charter city
and municipal corporation (“City”), and Marvin’s Auto Paint Inc., a California corporation,
(“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 licensed vendor to provide auto body repair
services on an as-needed basis, (“Project”).
B. Contractor has submitted to City a quote to provide auto body repair services, 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. 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.
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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
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 $309,450.00.
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 schedule of fees 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.
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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, 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 compensation. 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 three years,
commencing on November 25, 2024, and ending on November 24, 2027, unless extended by
mutual written agreement of the Parties. In addition, the term may be extended at the sole
discretion of the City upon written notice to the Contractor, for two (2) additional one (1) year
terms.
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: Marvin R Martinez, Owner. 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
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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 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:
Marvin R Martinez Owner
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
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(“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
$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.
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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
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.
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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 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.
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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
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: Marvin’s Auto Paint Inc.
Attention: Marvin R Martinez
651 S. Oleander Rd
Palm Springs, CA 92264
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.
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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.
11.10 Compliance with Economic Sanctions in Response to Russia's Actions in
Ukraine. When funding for the services is provided, in whole or in part, by an agency
controlled of the State of California, Consultant shall fully and adequately comply with California
Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process,
Consultant shall also certify compliance with the Russian Sanctions Program by completing the
form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated
herein by reference. Consultant shall also require any subconsultants to comply with the
Russian Sanctions Program and certify compliance pursuant to this Section.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND
MARVIN’S AUTO PAINT 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: _____________________ 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
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1G11/21/2024
11/21/2024
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EXHIBIT “A”
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
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1.1 Scope of Work:
A. Contractor shall provide auto body repair services (Work) on as as-needed basis for
all City of Palm Springs vehicles including sedans, trucks, sport utility vehicles and
other fleet equipment.
B. Contractor shall furnish all necessary labor, parts, and services in accordance with
the provisions and terms and conditions.
C. Contractor must be able to provide quick turnaround.
D. Contractor must provide certified technicians.
E. Contractor must have a complete body repair facility.
F. The scope of work includes auto body repairs and repair practices to include but is
not limited to the following:
1. Body repair and/or replacement of body panels
2. Refinishing
3. Frame Straightening
4. Decal Services
5. Painting
G. Contractor shall follow repair standards that include but are not limited to:
1. Masking, protecting, or removing and re-installing all chrome, glass, lighting
equipment (light bars. strobes), winches, etc. and any other vehicle
component(s) or accessory(ies) that could be damaged while making repairs.
2. Making all necessary adjustments, aligning doors, hood decks, trucks,
fenders, or other body components such as hinges, latches, etc., that are not
damaged, but would require such labor to produce a finished job.
3. Aligning front and/ or rear ends (casters, camber, and toe-in, etc.) when
collision damage has affected them.
4. Reapplying rust-proofing and under-coating in any repaired areas which
originally had this type of protection.
5. Recovering seat(s), arm rest(s), headliner, etc., if so, requested by the Fleet
Manager.
6. Where applicable, resetting, repairing, and/or restoring any active or passive
restraint systems such as seat and shoulder harnesses, and/or air bag
systems to fully functional new original equipment manufacturers (O.E.M.)
factory standards.
7. Completing color change for vehicles or equipment must include door jams,
hood. truck, and deck jams.
H. Contractor, when installing auto body parts, shall follow repair standards that include
but are not limited to:
1. All body parts shall meet the automobile manufacturer's specification
requirements.
2. City of Palm Springs does not always require that new body parts be used.
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a. Used parts, at the sole discretion of the Fleet Manager, may be
installed depending on the age and value of the equipment being
repaired.
b. City of Palm Springs reserves the right to provide the used auto body
parts when appropriate as determined by the Fleet Manager.
c. Contractor, with prior written approval of the City of Palm Springs
Fleet Manager, may utilize used body parts provided the used parts
equal the materials used in the original body part and match the
original contours with regards to fit and alignment of the vehicle being
repaired.
I. Contractor shall take the installation of used auto body parts into consideration when
issuing an estimate for work that will include such parts.
J. Used auto body parts shall be warranted for one (1) year and shall cover at minimum
the completed paint work, affixing of various decals and completed repairs.
K. The warranty for new body parts shall be the manufacturer's standard warranty. New
original equipment manufacturers (O.E.M.) body repair parts and new aftermarket
repair parts shall carry a manufacturer's warranty.
L. All airbag components and seat belt components shall be replaced with new O.E.M.
parts.
M. Contractor shall issue estimates that include but are not limited to the following
information:
1. A standard form of estimating, such as the Mitchell Collision Estimating Guide
or the applicable industry standard list used by insurance appraisers for
estimating repair costs.
2. Repair cost estimates shall be due within two (2) days after calling for
estimate of work assignment.
3. Prior to the commencement of repair work, Contractor shall issue a written
estimate, indicating the following:
a. Estimated hours of repair required
b. An itemized list of all parts required
c. Anticipated finish date for all repairs
d. Itemized pricing for all labor and materials
N. If additional costs (labor and/or parts) are identified due to hidden damage,
Contractor shall notify within two (2) business days after receipt of the vehicle to be
repaired.
1. Approved additional costs shall be itemized on an invoice. Separate from the
original estimate, and clearly identified as hidden damages.
2. Should the City of Palm Springs not accept Contractor’s estimate of
additional charges and/or delivery delay attributable to the hidden damage,
the City may, at its sole discretion, require that Contractor return the vehicle
within 48 hours to the City without any additional charges.
3. The City's only liability shall be for work already approved and completed.
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O. Authorization to Begin Work starts when the designated City official returns a copy of
the "Approved" Estimate of Repair Cost form, including Purchase Order Number to
the Contractor assigned to the work order.
P. Upon notification of work by Fleet Management, Contractor shall transport the
vehicle from the requesting department’s facility and begin work within two (2)
business days after notification of award.
Q. Contractor shall be responsible for the safe pickup, transport, and delivery of
vehicles.
R. All transportation of vehicles shall be done without additional charge to the City of
Palm Springs.
S. Upon return of the finished vehicle, if the fleet manager determines that the vehicle
was not properly repaired according to accepted industry standards, the fleet
manager will discuss the matter with the Contractor for full resolution in the best
interest of the City of Palm Springs.
T. Contractor who provides poor quality repair, excessive hidden damage estimates,
excessive delays in completing repairs or who is otherwise not in compliance with
the terms and conditions of this RFP may be dropped from the auto body repair
service program without notice.
U. Contractor shall be responsible for the security and storage of City vehicle(s) at their
repair facility.
V. Contractor shall reimburse the City for all damages to City property in their care,
such as unwarranted wear and tear, acts of vandalism and malicious mischief, all
physical damages, including acts of commission and/or omission by Contractor’s
employees and others.
1.2 Insurance Requirements:
Contractor shall meet all insurance requirements of the City, including but not limited to,
the provisions of personal and property liability, including automobile coverage, and
Worker's Compensation, in limits acceptable to the City.
1.3 License Requirement:
Be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40 through
3.96 entitled Business Tax.
1.4 Pricing:
1. The pricing included in this Contract shall be firm for the first year.
2. The unit prices may be adjusted (decreased or increased) once a year to correspond
with the most recent annual change to the Consumer Price Index for All Urban
Consumers as published by the U.S. Bureaus of Labor Statistics for the Riverside-
San Bernardino-Ontario Areas.
3. The City will only pay for the items listed on the bid form. Contractor must
incorporate all of its costs in its unit bid prices, including but not limited to labor,
supervision, project management, overhead, profit, onboarding training, travel,
mileage, truck charges, fuel charges, service call charges, parking, delivery, portal-
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to-portal charges, environmental fees, shop supplies and consumable incidental
materials. The City will not pay for subcontractors, rental of equipment/tools, and
purchase of materials/supplies unless the City authorized payment of the applicable
items.
1.5 Invoicing:
Contractor will submit an itemized invoice monthly. Billings must reference a purchase
order number and shall indicate the unit (contract) price. Contractor will be paid for the
actual hours worked at the rates shown in the contract. Parts, materials, equipment, and
subcontractor costs will be compensated at actual cost with receipts required with
allowable markup as outline in the contract. Contractor shall break out the line items on
the invoice in accordance with the line items on the bid form. Contractor must provide
back-up documentation for materials, subcontractor, rented equipment, permits, disposal
and recycling fees. Invoices that are submitted with incorrect prices may be returned for
correction before any payments to the contractor are authorized. It shall be the
contractor’s responsibility to submit a correct invoice. The City shall not be responsible
for payment until a correct invoice is received. The invoice shall be accompanied by
receipts, dated, and signed by a City Employee, verifying the work was done. Invoices
and receipts will be submitted to the Contract Officer for approval. All invoices are to be
sent as one document, per month to: Facilities.Billing@palmspringsca.gov.
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Docusign Envelope ID: 155F63FD-29A4-41F7-9445-4B580CF1D930
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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)
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Revised 12.21.23 Page 18 of 21
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 Request 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.
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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 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, affecting 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
Docusign Envelope ID: 155F63FD-29A4-41F7-9445-4B580CF1D930
Revised 12.21.23 Page 20 of 21
authority to bind coverage, whether that is the authorized agent/broker or insurance 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.
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Docusign Envelope ID: 155F63FD-29A4-41F7-9445-4B580CF1D930
Docusign Envelope ID: 155F63FD-29A4-41F7-9445-4B580CF1D930
Gengyzkan Martinez
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-MAILADDRESS:
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
EROTH-STATUTEPER
LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR
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
11/05/2024
Gengyzkan Insurance Agency
3333 Michelson Dr
Suite 300
Irvine CA 92612
Gengyzkan Martinez
949-779-2530 (949) 779-2531
gengyzkan@gkinsurances.com
MARVIN'S AUTO PAINT INC.
651 S Oleander Rd
Palm Springs CA 92264
TRAVELERS CASUALTY INSURANCE COMPANY OF 25658
TRAVELERS CASUALTY INSURANCE COMPANY OF 25658
TRAVELERS CASUALTY INSURANCE COMPANY OF 25658
TRAVELERS CASUALTY INSURANCE COMPANY OF 25658
A
6
6
6
Y Y 680-4R766991-24-42 11/14/2024 11/14/2025
1,000,000
300,000
5,000
1,000,000
2,000,000
2,000,000
DEDUCTIBLE 1,000
B Y 680-4R766991-24-42 11/14/2024 11/14/2025
1,000,000
C Y Y UB-6T62978A-42-42-G 07/11/2024 07/11/2025
6
1,000,000
1,000,000
1,000,000
D
GARAGEKEEPERS LIABILITY
Y Y 680-4R766991-24-42 11/14/2024 11/14/2025
ANY AUTO 1,000,000
COMP/COLLISION $120,000
The Additional Insured and Waiver of Subrogation are blanket applied to both General Liability and Workers’ Compensation.
Additional Insured: The City of palm Springs,Department of procurement and contracting. 3200 E. Tahquitz Canyon Way Palm Springs CA. 92262.
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.
Department of procurement and contracting.
3200 E. Tahquitz Canyon Way
Palm Springs CA 92262
The City of palm Springs
Docusign Envelope ID: 155F63FD-29A4-41F7-9445-4B580CF1D930