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A9206 - Same Day Express LLC DBA Signature Sculpture Restoration
CONTRACT 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: 5RXWHG%\: Bonds: Business License: Sole Source Co-Op CoOp Agmt #:Sole Source Documents:CoOp Name: CoOp Pricing: By:Submitted on: Contract Abstract Form Rev $XWKRUL]HG6LJQHUV 1DPH(PDLO &&RUSRUDWLRQVUHTXLUHVLJQDWXUHV Cleaning and Maintenance of Public Art Agreement Same Day Express dba Signature Sculpture Marjorie Adams-Fiore marjorieca1@aol.com Art Cleaning, Maintenance, and Restoration Services $129,800 + $9,999.50 (Amdt 2) = $139,799.50 September 1, 2022 - August 31, 2027 N/A Brett Fiore, signaturesculpturepd@yahoo.com Aviation Victoria Carpenter/ 3808 N/A A9206 2 Yes Yes Yes Department N/A No N/A N/A N/A 2/6/2025 Tanya Perez Docusign Envelope ID: 6161D1C4-A7A1-4E10-859B-5083C3FF8293 Page 1 of 5 Revised: 10.31.23 AMENDMENT NO. 2 TO THE CLEANING AND MAINTENANCE OF PUBLIC ART AGREEMENT NO. A9206 BETWEEN THE CITY OF PALM SPRINGS AND SAME DAY EXPRESS DBA SIGNATURE SCULPTURE 1. Parties and Date. This Amendment No. 2 to the Cleaning and Maintenance of Public Art Agreement is made and entered into as of February 3, 202, by and between the City of Palm Springs (“City”) and Same Day Express dba Signature Sculpture, a Single Member California Limited Liability Corporation with its principal place of business at 79350 Four Paths Lane, Bermuda Dunes, California, (Contractor). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The City and Contractor have entered into an agreement entitled “Cleaning and Maintenance of Public Art” dated September 12, 2022 (“Agreement”) for the purpose of retaining the services of Contractor to provide the City with Cleaning and Maintenance of Public Art (“Project”).Contract Term: 3-Years; Contract Price: $128,905. 2.1 Amendment No. 1. On March 13, 2023, Parties entered into Amendment No. 1 to the Agreement to include repair of art piece Chairman of the Links due to damages found during routine cleaning for a new total not to exceed $129,800. 2.3 Amendment No. 2. The City and Contractor desire to amend the Agreement to revise the scope of services, increase compensation, update the method of payment, revise the term for the cleaning services for seven art pieces at the Palm Springs International Airport. 2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3.3 of the Agreement. 3. Terms. 3.1 Section 1.1 Scope of Services of the Agreement is hereby amended to include services described in Exhibit “A1” attached hereto and incorporated herein by reference. 3.2 Section 3.1 Compensation of Contractor of the Agreement is hereby amended to increase the contract in the amount of $9,999.50 as more particularly described in Exhibit “A1”. The total amount of compensation shall not exceed $139,799.50. 3.3 Section 3.2 Method of Payment of the Agreement is hereby amended to include services described in Exhibit “A1”. 3.4 Section 4.4 Term of the Agreement is hereby amended in its entirety to read as follows: Docusign Envelope ID: 6161D1C4-A7A1-4E10-859B-5083C3FF8293 Page 2 of 5 Revised: 10.31.23 “Unless earlier terminated in accordance with Section 4.5 of the Agreement, this Agreement shall continue in full force and effect for a period of five years, commencing on September 1, 2022 and ending on August 31, 2027, unless extended by mutual written agreement of the Parties.” 3.5 All References to Exhibit “A” in the Agreement shall be changed to mean Exhibit “A” and Exhibit “A1”. 3.6 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement, as previously amended, remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2. 3.7 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 3.8 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.9 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: 6161D1C4-A7A1-4E10-859B-5083C3FF8293 Page 3 of 5 Revised: 10.31.23 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND SAME DAY EXPRESS DBA SIGNATURE SCULPTURES IN WITNESS WHEREOF, the Parties have executed this Amendment 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: N/A Item No. N/A 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 Docusign Envelope ID: 6161D1C4-A7A1-4E10-859B-5083C3FF8293 2/6/2025 Page 4 of 5 Revised: 10.31.23 EXHIBIT “A1” Services: Provide cleaning services for seven art pieces located at the Palm Springs International Airport (Airport). Scope/Compensation: Scope of work per Art Piece: 1. Philip Culbertson (SSTeel) • Wash: Once every other month (Six Services Annually) • Wax: Once annually (Waxing includes several coasts of “bowling wax”) • Washing Instructions: Wash with a non-ionic soap & deionized water • Price: $192.25 x 6 = $1,153.50 (Wash: Once every other month) • Price: $275.00 (Wax: Once annually) • Total: $1,153.50 + $275.00 = $1,428.50 Annually 2. Lawrence Fane • Wash: Once every other month (Six Services Annually) • Wax: Once annually (Waxing includes several coasts of “bowling wax”) • Washing Instructions: Wash with a non-ionic soap & deionized water • Price: $192.25 x 6 = $1,153.50 (Wash: Once every other month) • Price: $275.00 (Wax: Once annually) • Total: $1,153.50 + $275.00 = $1,428.50 Annually 3. Betty Gold • Wash: Once every other month (Six Services Annually) • Deep Cleaning Scrub: Once every six months (Two Services Annually) • Wax: Application of wax will be applied as needed during deep cleaning scrub • Washing Instructions: Wash with a non-ionic soap & deionized water • Price: $192.25 x 6 = $1,153.50 (Wash: Once every other month & Wax: As needed during deep cleaning scrub) • Price: $275.00 x 2 = $550.00 (Deep Cleaning Scrub: Once every six months) • Total: $1,153.50 + $550.00 = $1,703.50 Annually 4. Tom Holland • Dust: Once every other month (Six Services Annually) • Dusting Instructions: Dust with feather duster and compressed air followed by damp cloth with plexi cleaner • Price: $192.25 x 6 = $1,153.50 (Dust: Once every other month) • Total: $1,153.50 Annually 5. Paul Jenkins • Wash: Once every other month (Six Services Annually) • Wax: Once annually (Waxing includes several coasts of “bowling wax”) • Washing Instructions: Wash with a non-ionic soap & deionized water • Price: $192.25 x 6 = $1,153.50 (Wash: Once every other month) Docusign Envelope ID: 6161D1C4-A7A1-4E10-859B-5083C3FF8293 Page 5 of 5 Revised: 10.31.23 • Price: $275.00 (Wax: Once annually) • Total: $1,153.50 + $275.00 = $1,428.50 Annually 6. Yasui Mizul • Wash: Once every other month (Six Services Annually) • Washing Instructions: Rinse off with deionized water to clean the surface without leaving mineral deposits • Cleaning Instructions: Clean using compressed air used to remove dust, leaves, etc. • Price: $192.25 x 6 = $1,153.50 (Wash: Once every other month) • Total: $1,153.50 Annually 7. Michael Todd • Wash: Once every other month (Six Services Annually) • Wax: every six months (Waxing includes several coasts of “bowling wax”) • Washing Instructions: Wash with a non-ionic soap & deionized water • Price: $192.25 x 6 = $1,153.50 (Wash: Once every other month) • Price: $275.00 x 2 = $550.00 (Wax: Once every six months) • Total: $1,153.50 + $550.00 = $1,703.50 Annually Total Compensation: $9,999.50 Annually Additional: x Invoices for the seven art pieces in this scope of work should be sent to the Palm Springs International Airport invoice email address at airportinvoices@palmspringsca.gov for payment processing. x Contractor to provide all material and supplies needed to complete services. Docusign Envelope ID: 6161D1C4-A7A1-4E10-859B-5083C3FF8293 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 $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of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ocusign Envelope ID: 6161D1C4-A7A1-4E10-859B-5083C3FF8293 MEGL 0009-01 09 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 3AA808183 EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Additional Premium:$Included (Check box if fully earned ) Please refer to each Coverage Form to determine which terms are defined. Words shown in quotations on this endorsement may or may not be defined in all Coverage Forms. A.Who Is An Insured is amended to include as an additional insured any person or entity to whom you are required by valid written contract or agreement to provide such coverage, but only with respect to "bodily injury", "property damage" (including "bodily injury" and "property damage" included in the "products-completed operations hazard"), and "personal and advertising injury" caused, in whole or in part, by the negligent acts or omissions of the Named Insured and only with respect to any coverage not otherwise excluded in the policy. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.The insurance afforded to such additional insured will not be broader than that which you are required by the valid written contract or agreement to provide for such additional insured. Our agreement to accept an additional insured provision in a valid written contract or agreement is not an acceptance of any other provisions of such contract or agreement or the contract or agreement in total. When coverage does not apply for the Named Insured, no coverage or defense will apply for the additional insured. No coverage applies to such additional insured for injury or damage of any type to any "employee" of the Named Insured or to any obligation of the additional insured to indemnify another because of damages arising out of such injury or damage. B.With respect to the insurance afforded to these additional insured, the following is added to limits of insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the valid written contract or agreement; or 2.Available under the applicable limits of insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable limits of insurance shown in the Declarations. All other terms and conditions remain unchanged. Docusign Envelope ID: 6161D1C4-A7A1-4E10-859B-5083C3FF8293 CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. POLICY NUMBER: 3AA808183 Docusign Envelope ID: 6161D1C4-A7A1-4E10-859B-5083C3FF8293 Docusign Envelope ID: 6161D1C4-A7A1-4E10-859B-5083C3FF8293 Docusign Envelope ID: 6161D1C4-A7A1-4E10-859B-5083C3FF8293 Docusign Envelope ID: 6161D1C4-A7A1-4E10-859B-5083C3FF8293 CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 (760) 322-8328 BUSINESS LICENSE CERTIFICATE Fees Paid:$293.00 ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE LICENSEE TO OPERATE OR MAINTAIN A BUSINESS IN VIOLATION OF ANY OTHER LAW OR ORDINANCE. THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY NOR OF THE APPLICANT'S QUALIFICATIONS. Business Name:SIGNATURE SCULPTURE DBA: Owner:Signature Sculpture Mailing Address: License Number:OC-002301-2023 Expiration Date:09/30/2025 PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY. Business Location:PO BOX 111, PALM DESERT, CA 92261 Business Description:ART MAINTENANCE, RESTORATION & INSTALLATION TO BE POSTED IN A CONSPICUOUS PLACE Docusign Envelope ID: 6161D1C4-A7A1-4E10-859B-5083C3FF8293 CONTRACT ABSTRACT Contract prepared by: Leigh Gileno Submitted on: 3/13/2023 By: L.Gileno Note: Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Same Day Express LLC DBA Signature Sculpture Restoration Brett Fiore Amendment 1 for Art Cleaning, maintenance, and additional art restoration services $34,635,00 annually Plus one-time restoration costs for specific Art pieces as outlined in the contract – Total cost $129,800.00 3 years Contract Administration Lead Department: Contract Administrator: Community & Economic Dev. Jay Virata Contract Approvals Council/ Community Redevelopment Agency Approval Date: Agenda Item No./ Resolution No.: Agreement No: N/A N/A A9206 Contract Compliance Exhibits: Signatures: Insurance: Bonds Yes Yes N/A DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 Page 1 of 3 Revised: 2.9.22 AMENDMENT NO. 1 TO THE A9206 CLEANING AND MAINTENANCE OF PUBLIC ART BETWEEN THE CITY PALM SPRINGS AND SAME DAY EXPRESS dba SIGNATURE SCULPTURE 1. Parties and Date. This Amendment No. 1 to the Cleaning and Maintenance of Public Art is made and entered into as of this 13 day of March 2023, by and between the City of Palm Springs (“City”) and Same Day Express dba Signature Sculpture, a Single Member California Limited Liability Corporation with its principal place of business at 79350 Four Paths Lane, Bermuda Dunes, California. City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The City and Contractor have entered into an agreement entitled “Cleaning and Maintenance of Public Art” dated September 12, 2022 (“Agreement” or “Contract”) for the purpose of retaining the services of Contractor to provide the City with Cleaning and Maintenance of Public Art (“Project”). 2.2 Amendment. The City and Contractor desire to amend the Agreement to include repair of art piece Chairman of the Links due to damages found during routine cleaning. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.3 of the Agreement. 3. Terms. Compensation of Contractor. 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 $129,800.00. Exhibit A Item F13. “Chairman of the Links”, 124 S. Palm Canyon Drive: - bi-annual cleaning “Exhibit A” Item F 13. is hereby deleted in its entirety and replaced with Item F 13. “Chairman of the Links”, 124 S. Palm Canyon Drive: - bi-annual cleaning and repairs needed, attached hereto and incorporated herein by reference.” DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 Page 2 of 3 Revised: 2.9.22 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 Page 3 of 3 Revised: 2.9.22 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND SIGNATURE SCULPTURE 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 DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 3/13/2023 3/15/2023 EXHIBIT “A” SCOPE OF SERVICES/WORK Including, Schedule of Performance And Schedule of Compensation DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 1.1 Background: There are over 75 pieces in the City’s public art collection, ranging from outdoor sculptures, installations at the Palm Springs Airport, murals, and to art that is on loan to the city. Some pieces are over 30 years old. The City and Public Arts Commission believe the public arts collection beautifies and enriches the City and are dedicated to the maintenance and upkeep of the collection. Cleaning and maintenance issues in the collection may result from our harsh environment, age, graffiti, and the original siting of art. At this time the City of Palm Springs has prioritized the cleaning and maintenance of certain art pieces. The Contractor will provide the cleaning and maintenance services for these pieces. 1.2 Scope: A. The Contractor shall provide various levels of cleaning and maintenance of the art pieces outlined below that are located throughout the City to maintain a high standard of cleanliness and appearance for public viewing and enjoyment. 1. Cleaning includes dusting, washing, waxing. It also includes removing graffiti (if graffiti can be removed with standard cleaning procedures), grime, residue from irrigation, bird droppings, gum and other environmental factors according to American Institute for Conservation Code of Ethics and Guidelines for Practice for each work. 2. Maintenance includes work such as removing corrosion, flaking paint, removing/reapplying protective surface / coatings, etc., according to American Institute for Conservation Code of Ethics and Guidelines for Practice for each work. B. Repairs and Restoration– The Contractor shall repair and restore the pieces that have been identified as needing to be repaired and restoration. This may involve repairing breaks, creating replacement pieces for areas of loss, and filling cracks. C. The City of Palm Springs relies on the professionalism and competence of the Contractor to be knowledgeable of the general areas identified in this scope of work and to have included in its proposal all required tasks and subtasks, personnel commitments, man-hours, direct and indirect costs, etc. The City of Palm Springs will not approve amendments to the Contractor’s agreement which do not involve a substantial change from the general scope of work identified in this Scope of Work. D. The Contractor will be required to provide high resolution color photographs of all artwork of the before and after treatment with their invoice outlining details of work performed and any condition issues encountered as a part of their work. E. Due to the security set forth by the TSA, please carefully review the following section below: WORK REQUIREMENTS FOR SECURED AREA OF AIRPORT Palm Springs International Airport (PSP) is dedicated to the safety and security of all operations, Landside and Airside. To ensure this, separate procedures have been established for individuals and vehicles entering restricted areas of the DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 Airport. Contractor will be required to comply with all federal security programs and will be responsible for all time and costs associated with obtaining Security IDs. PSP security compliance will be reviewed with the successful contractor for the project. For purposes of the bid, the average cost to obtain an Airport ID, assuming that an individual qualifies for one, is $95.00 and requires approximately four hours of time and two trips to the Airport. The PSP “Fingerprint/Badge Application” will be signed by a company representative listed on the “Authorized Signatory Letter”. The signatory verifies and approves the individual application for processing and also thereby confirms that all fees associated with fingerprinting and badge processing will be paid by the company. The fee schedule is available on the Airport website at www.palmspringsAirport.com For more information on badging requirements, please visit: http://www.palmspringsca.gov/government/departments/aviation-palm- springsinternational-airport-psp/doing-business-at-psp/airport- administration/operationsand-security F. The following Art collection and Locations to be cleaned and maintained are as follows: 1. “Agua Caliente Woman”, Tahquitz Canyon Way and Indian Canyon Way: Piece – repair needed and then bi-annual cleaning. 2. “Young Basket maker”, Tahquitz Canyon Way and Sunrise – bi-annual cleaning. 3. “Charlie Farrell”, Palm Springs Airport at El Cielo: Severe calcium damage to lower half of sculpture - needs restoration and then bi-annual cleaning 4. “Help Is on The Way”, In front of Palm Springs Police Station: bi-annual cleaning. 5. “Machine Age, Forget me Not, and Le Campas de Vulcan”, along Kirk Douglas Way – bi-annual cleaning. 6. “The Batter”, Sunrise Park – repainting and repair needed and then bi-annual cleaning. 7. “Wave Rhythms”, Sunrise Park: – bi-annual cleaning. 8. “R.Hero”, 300 Sunrise Way: - repair needed and then bi-annual cleaning. 9. “Monsieur Pompadour and Mademoiselle Coco” at Palm Springs Animal Shelter: repair needed and then bi-annual cleaning. 10. “Jungle Red”, Warm Sands and Ramon Road – bi-annual cleaning. DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 11. “Intersecting Cubes”, 803 N. Palm Canyon Drive – bi-annual cleaning. 12. “Lucille Ball”, 100 N. Palm Canyon Drive – bi-annual cleaning and spot waxing. 13. “Chairman of the Links”, 124 S. Palm Canyon Drive: - bi-annual cleaning and repairs needed. 14. “Lawn Chair”, 1466 N. Palm Canyon Drive – bi-annual cleaning. 15. “Standing Woman”, 221 S. Palm Canyon Drive – repair needed and then biannual cleaning. 16. “Whirlwind VI”, Ruth Hardy Park – repair needed and then bi-annual cleaning. 17. “Nines and Elevens”, Demuth Park – repainting needed and then bi-annual cleaning. . 18. John Clement Pieces: bi-annual cleaning o Red: “Butch”, 370 San Rafael Drive o Yellow: “Squeeze”, 538 N. Palm Canyon Drive o Orange: “Ithiel”, 777 E. Tahquitz Canyon Way 19. Palm Springs Convention Center Pieces (277 North Avenida Caballeros): o “A Personal History of Palm Springs” – bi-annual cleaning o “The Entertainer” – bi-annual cleaning o “Sympatico” – bi-annual cleaning and annual waxing o “Crouching Tiger” - bi-annual cleaning and annual waxing 20. Pieces at the Palm Springs International Airport (3400 Tahquitz Canyon Way): o Four Chihuly glass pieces - bi-annual vacuuming and cleaning of work and vitrine to maintain quality and improve visual clarity. o Sonny Bono bust – bi-annual cleaning and waxing. o John F. Kennedy bust bi-annual cleaning and waxing – current condition patina is in poor condition and will need review by conservator to determine repair and maintenance going forward. o “Balzac” by Christopher Georgesco – biannual cleaning and routine washing. 21. Additional Pieces o City Hall Dog Park Gate/Fence ▪ “Desert Reflections” by Phil Evans – repair of welded elements and biannual cleaning. o Jackie Lee Houston Plaza, Convention Center ▪ “Audry”, 2002 by John Kennedy – bi-annual cleaning. DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 o Palm Springs Library ▪ “RHero” (Red) by Karen & Tony Barone – bi-annual cleaning. o Ruth Hardy Park ▪ “Whirlwind VI” by Gary Slater – bi-annual cleaning. 22. Art Cleaning Allowance – a cleaning allowance has been established that will be used solely at the discretion of the City to authorize additional art cleaning requests on an emergency type basis. 1.3 Compensation: Work will be compensated on a lumpsum per piece basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City. ITEM DESCRIPTION ANNUAL LUMP SUM CLEANING/ MAINTENANCE ONE TIME RESTORATION 1 “Agua Caliente Woman”, Intersection of Tahquitz Canyon Way and Indian Canyon Way $2,335.00 $3,800.00 2 “Young Basketmaker”, Intersection of Tahquitz Canyon Way and Sunrise $2,800.00 3 “Charlie Farrell”, Palm Springs Airport entrance at El Cielo and Tahquitz Canyon Way, north side $2,000.00 $3,800.00 4 “Help Is on The Way”, 200 S. Civic Drive, in front of Palm Springs Police Station $2,400.00 5 “Machine Age, Forget me Not, and Le Campas de Vulcan”, along Kirk Douglas Way, between Ramon Road and Airport $1,800.00 6 “The Batter”, Sunrise Park $1,000.00 $2,400.00 7 “Wave Rhythms”, Sunrise Park $2,400.00 DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 8 “R.Hero”, 300 Sunrise Way (PS Library) $600.00 $700.00 9 “Monsieur Pompadour and Mademoiselle Coco” 4575 E. Mesquite Ave., Palm Springs Animal Shelter $900.00 $700.00 10 “Jungle Red”, Intersection of Warm Sands and Ramon Road $1,800.00 11 “Intersecting Cubes”, 803 N. Palm Canyon Drive $800.00 12 “Lucille Ball”, 100 N. Palm Canyon Drive $750.00 13 “Chairman of the Links”, 124 S. Palm Canyon Drive $600.00 $895 14 “Lawn Chair”, 1466 N. Palm Canyon Drive $600.00 15 “Standing Woman”, 221 S. Palm Canyon Drive $675.00 $500.00 16 “Whirlwind VI”, Ruth Hardy Park $815.00 $3,800.00 17 “Nines and Elevens”, Demuth Park $3,000.00 $7,900.00 18 John Clement Pieces 18A Red: “Butch”, 370 San Rafael Drive $600.00 18B Yellow: “Squeeze”, 538 N. Palm Canyon Drive $800.00 18C Orange: “Ithiel”, 777 E. Tahquitz Canyon Way $900.00 19 Convention Center Pieces 19A “A Personal History of Palm Springs” $600.00 19B “The Entertainer” $595.00 19C “Sympatico” $595.00 19D “Crouching Tiger” $645.00 20 Palm Springs International Airport Pieces 20A Four Chihuly glass pieces $1,200.00 DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 20B Sonny Bono bust $675.00 20C John F. Kennedy bust $675.00 *TBD – Conservator to review for direction 20D “Balzac” by Christopher Georgesco $725.00 21 Additional Pieces 21A “Desert Reflections”, City Hall Dog Park $750.00 $1,400.00 21B “Audry”, Convention Center $600.00 22 Art Cleaning Allowance $4,000.00 Annual Total Cleaning/Maintenance $34,635.00 Three Year Total Cleaning/Maintenance $103,905.00 Year One Restoration total $25,000.00 Three-year Cleaning/Maintenance and One-time Restoration Total Plus Allowance *$129,800.00 *Cost for John F. Kennedy Bust to be restored to be determined at a later date and added to the cost of the one-time restoration DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 08/09/2022 Desert Cornerstone Insurance Service, Inc. CA License #0F15709 81713 Hwy 111, Ste E Indio CA 92201 Tina Eads (760) 347-7723 (760) 347-7725 tina@desertcornerstoneins.com Same Day Express, LLC, DBA: Dba: Same Day Express; DBA: Signature Sculpture RestorationSignature Sculptures Restoration P.O. Box 111 Palm Desert CA 92261 Century Surety Company 36951 22-23 GL A Y CCP1077458 07/01/2022 07/01/2023 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 Certificate holder is named as additional insured per form CGL1816 0216 when required by a written contract. City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 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 DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 CGL 1816 0216 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY . ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION, PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: CONTRACTORS LIMITED CLAIMS MADE GENERAL LIABILITY COVERAGE FORM CONTRACTORS LIMITED CLAIMS MADE AND REPORTED GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Additional Insured Person(s) or Organization Location(s) of Covered Operations Any person or organization that you are required to add as an additional insured pursuant to a written contract or agreement. Various locations as per written contract with the Named Insured. A.Section II – Who is an Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to “bodily injury” or “property damage” occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of “your work” out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CGL 1816 0216 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 3 of 4 DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 CGL 1816 0216 C.The insurance provided for the benefit of the above scheduled additional insured(s) shall be primary and non- contributory, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated in the Schedule above. D.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits of Insurance and Deductible: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. CGL 1816 0216 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 4 of 4 DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 CONTRACT ABSTRACT Contract prepared by: Leigh Gileno Submitted on: 9/8/2022 By: L.Gileno Note: Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Same Day Express LLC DBA Signature Sculpture Restoration Brett Fiore Art Cleaning, maintenance, and art restoration services $34,635,00 annually Plus one-time restoration costs for specific Art pieces as outlined in the contract – Total cost $128,905.00 TBD 3 years Contract Administration Lead Department: Contract Administrator: Community & Economic Dev. Jay Virata Contract Approvals Council/ Community Redevelopment Agency Approval Date: Agenda Item No./ Resolution No.: Agreement No: September 1, 2022 V1. A9206 Contract Compliance Exhibits: Signatures: Insurance: Bonds Yes Yes N/A DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Page 1 of 21 CONTRACT SERVICES AGREEMENT A9206 CLEANING AND MAINTENANCE OF PUBLIC ART THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on _____________, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Same Day Express dba Signature Sculpture, a Single Member California Limited Liability 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 art conservator to provide the City with Cleaning and Maintenance of Public Art (“Project”). B. Contractor has submitted to City a proposal to provide cleaning and maintenance of the city owned public art, 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. DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Page 2 of 21 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 $128,905.00. 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 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; DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Page 3 of 21 (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 ac cordance 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, unless extended by mutual written agreement of the Parties. 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: Brett Fiore, Owner Operator. 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 DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Page 4 of 21 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 per sonnel assigned by Contractor by providing written notice to Contractor. Name: Title: Brett Fiore Owner/Operator Danny Vergara Supervisor and Patinur Miguel Cortes Tech 2 and Patinur. 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 DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Page 5 of 21 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. 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. DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Page 6 of 21 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. 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, DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Page 7 of 21 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. 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: DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Page 8 of 21 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: Signature Sculpture Attn: Brett Fiore 79350 Four Paths Lane Bermuda Dunes, CA 92203 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. DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Page 9 of 21 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. [SIGNATURES ON NEXT PAGE] DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Page 10 of 21 SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND SIGNATURE SCULPTURE 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: _______ Item No. ________ Agreement 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 DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC 9/8/2022 9/12/2022 1.V A920609/01/2022 Page 11 of 21 EXHIBIT “A” SCOPE OF SERVICES/WORK Including, Schedule of Performance And Schedule of Compensation DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Page 12 of 21 1.1 Background: There are over 75 pieces in the City’s public art collection, ranging from outdoor sculptures, installations at the Palm Springs Airport, murals, and to art that is on loan to the city. Some pieces are over 30 years old. The City and Public Arts Commission believe the public arts collection beautifies and enriches the City and are dedicated to the maintenance and upkeep of the collection. Cleaning and maintenance issues in the collection may result from our harsh environment, age, graffiti, and the original siting of art. At this time the City of Palm Springs has prioritized the cleaning and maintenance of certain art pieces. The Contractor will provide the cleaning and maintenance services for these pieces. 1.2 Scope: A. The Contractor shall provide various levels of cleaning and maintenance of the art pieces outlined below that are located throughout the City to maintain a high standard of cleanliness and appearance for public viewing and enjoyment. 1. Cleaning includes dusting, washing, waxing. It also includes removing graffiti (if graffiti can be removed with standard cleaning procedures), grime, residue from irrigation, bird droppings, gum and other environmental factors according to American Institute for Conservation Code of Ethics and Guidelines for Practice for each work. 2. Maintenance includes work such as removing corrosion, flaking paint, removing/reapplying protective surface / coatings, etc., according to American Institute for Conservation Code of Ethics and Guidelines for Practice for each work. B. Repairs and Restoration– The Contractor shall repair and restore the pieces that have been identified as needing to be repaired and restoration. This may involve repairing breaks, creating replacement pieces for areas of loss, and filling cracks. C. The City of Palm Springs relies on the professionalism and competence of the Contractor to be knowledgeable of the general areas identified in this scope of work and to have included in its proposal all required tasks and subtasks, personnel commitments, man-hours, direct and indirect costs, etc. The City of Palm Springs will not approve amendments to the Contractor’s agreement which do not involve a substantial change from the general scope of work identified in this Scope of Work. D. The Contractor will be required to provide high resolution color photographs of all artwork of the before and after treatment with their invoice outlining details of work performed and any condition issues encountered as a part of their work. DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Page 13 of 21 E. Due to the security set forth by the TSA, please carefully review the following section below: WORK REQUIREMENTS FOR SECURED AREA OF AIRPORT Palm Springs International Airport (PSP) is dedicated to the safety and security of all operations, Landside and Airside. To ensure this, separate procedures have been established for individuals and vehicles entering restricted areas of the Airport. Contractor will be required to comply with all federal security programs and will be responsible for all time and costs associated with obtaining Security IDs. PSP security compliance will be reviewed with the successful contractor for the project. For purposes of the bid, the average cost to obtain an Airport ID, assuming that an individual qualifies for one, is $95.00 and requires approximately four hours of time and two trips to the Airport. The PSP “Fingerprint/Badge Application” will be signed by a company representative listed on the “Authorized Signatory Letter”. The signatory verifies and approves the individual application for processing and also thereby confirms that all fees associated with fingerprinting and badge processing will be paid by the company. The fee schedule is available on the Airport website at www.palmspringsAirport.com For more information on badging requirements, please visit: http://www.palmspringsca.gov/government/departments/aviation-palm-springs- international-airport-psp/doing-business-at-psp/airport-administration/operations- and-security F. The following Art collection and Locations to be cleaned and maintained are as follows: 1. “Agua Caliente Woman”, Tahquitz Canyon Way and Indian Canyon Way: Piece – repair needed and then bi-annual cleaning. 2. “Young Basketmaker”, Tahquitz Canyon Way and Sunrise – bi-annual cleaning. 3. “Charlie Farrell”, Palm Springs Airport at El Cielo: Severe calcium damage to lower half of sculpture - needs restoration and then bi-annual cleaning 4. “Help Is on The Way”, In front of Palm Springs Police Station: bi-annual cleaning. 5. “Machine Age, Forget me Not, and Le Campas de Vulcan”, along Kirk Douglas Way – bi-annual cleaning. 6. “The Batter”, Sunrise Park – repainting and repair needed and then bi-annual cleaning. 7. “Wave Rhythms”, Sunrise Park: – bi-annual cleaning. 8. “R.Hero”, 300 Sunrise Way: - repair needed and then bi-annual cleaning. DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Page 14 of 21 9. “Monsieur Pompadour and Mademoiselle Coco” at Palm Springs Animal Shelter: repair needed and then bi-annual cleaning. 10. “Jungle Red”, Warm Sands and Ramon Road – bi-annual cleaning. 11. “Intersecting Cubes”, 803 N. Palm Canyon Drive – bi-annual cleaning. 12. “Lucille Ball”, 100 N. Palm Canyon Drive – bi-annual cleaning and spot waxing. 13. “Chairman of the Links”, 124 S. Palm Canyon Drive: - bi-annual cleaning. 14. “Lawn Chair”, 1466 N. Palm Canyon Drive – bi-annual cleaning. 15. “Standing Woman”, 221 S. Palm Canyon Drive – repair needed and then bi- annual cleaning. 16. “Whirlwind VI”, Ruth Hardy Park – repair needed and then bi-annual cleaning. 17. “Nines and Elevens”, Demuth Park – repainting needed and then bi-annual cleaning. . 18. John Clement Pieces: bi-annual cleaning o Red: “Butch”, 370 San Rafael Drive o Yellow: “Squeeze”, 538 N. Palm Canyon Drive o Orange: “Ithiel”, 777 E. Tahquitz Canyon Way 19. Palm Springs Convention Center Pieces (277 North Avenida Caballeros): o “A Personal History of Palm Springs” – bi-annual cleaning o “The Entertainer” – bi-annual cleaning o “Sympatico” – bi-annual cleaning and annual waxing o “Crouching Tiger” - bi-annual cleaning and annual waxing 20. Pieces at the Palm Springs International Airport (3400 Tahquitz Canyon Way): o Four Chihuly glass pieces - bi-annual vacuuming and cleaning of work and vitrine to maintain quality and improve visual clarity. o Sonny Bono bust – bi-annual cleaning and waxing. o John F. Kennedy bust bi-annual cleaning and waxing – current condition patina is in poor condition and will need review by conservator to determine repair and maintenance going forward. o “Balzac” by Christopher Georgesco – biannual cleaning and routine washing. 21. Additional Pieces o City Hall Dog Park Gate/Fence ▪ “Desert Reflections” by Phil Evans – repair of welded elements and bi- annual cleaning. o Jackie Lee Houston Plaza, Convention Center ▪ “Audry”, 2002 by John Kennedy – bi-annual cleaning. DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Page 15 of 21 o Palm Springs Library ▪ “RHero” (Red) by Karen & Tony Barone – bi-annual cleaning. o Ruth Hardy Park ▪ “Whirlwind VI” by Gary Slater – bi-annual cleaning. 22. Art Cleaning Allowance – a cleaning allowance has been established that will be used solely at the discretion of the City to authorize additional art cleaning requests on an emergency type basis. 1.3 Compensation: Work will be compensated on a lumpsum per piece basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City. ITEM DESCRIPTION ANNUAL LUMP SUM CLEANING/ MAINTENANCE ONE TIME RESTORATION 1 “Agua Caliente Woman”, Intersection of Tahquitz Canyon Way and Indian Canyon Way $2,335.00 $3,800.00 2 “Young Basketmaker”, Intersection of Tahquitz Canyon Way and Sunrise $2,800.00 3 “Charlie Farrell”, Palm Springs Airport entrance at El Cielo and Tahquitz Canyon Way, north side $2,000.00 $3,800.00 4 “Help Is on The Way”, 200 S. Civic Drive, in front of Palm Springs Police Station $2,400.00 5 “Machine Age, Forget me Not, and Le Campas de Vulcan”, along Kirk Douglas Way, between Ramon Road and Airport $1,800.00 6 “The Batter”, Sunrise Park $1,000.00 $2,400.00 7 “Wave Rhythms”, Sunrise Park $2,400.00 DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Page 16 of 21 8 “R.Hero”, 300 Sunrise Way (PS Library) $600.00 $700.00 9 “Monsieur Pompadour and Mademoiselle Coco” 4575 E. Mesquite Ave., Palm Springs Animal Shelter $900.00 $700.00 10 “Jungle Red”, Intersection of Warm Sands and Ramon Road $1,800.00 11 “Intersecting Cubes”, 803 N. Palm Canyon Drive $800.00 12 “Lucille Ball”, 100 N. Palm Canyon Drive $750.00 13 “Chairman of the Links”, 124 S. Palm Canyon Drive $600.00 14 “Lawn Chair”, 1466 N. Palm Canyon Drive $600.00 15 “Standing Woman”, 221 S. Palm Canyon Drive $675.00 $500.00 16 “Whirlwind VI”, Ruth Hardy Park $815.00 $3,800.00 17 “Nines and Elevens”, Demuth Park $3,000.00 $7,900.00 18 John Clement Pieces 18A Red: “Butch”, 370 San Rafael Drive $600.00 18B Yellow: “Squeeze”, 538 N. Palm Canyon Drive $800.00 18C Orange: “Ithiel”, 777 E. Tahquitz Canyon Way $900.00 19 Convention Center Pieces 19A “A Personal History of Palm Springs” $600.00 19B “The Entertainer” $595.00 19C “Sympatico” $595.00 19D “Crouching Tiger” $645.00 20 Palm Springs International Airport Pieces 20A Four Chihuly glass pieces $1,200.00 20B Sonny Bono bust $675.00 DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Page 17 of 21 20C John F. Kennedy bust $675.00 *TBD – Conservator to review for direction 20D “Balzac” by Christopher Georgesco $725.00 21 Additional Pieces 21A “Desert Reflections”, City Hall Dog Park $750.00 $1,400.00 21B “Audry”, Convention Center $600.00 22 Art Cleaning Allowance $4,000.00 Annual Total Cleaning/Maintenance $34,635.00 Three Year Total Cleaning/Maintenance $103,905.00 Year One Restoration total $25,000.00 Three-year Cleaning/Maintenance and One-time Restoration Total Plus Allowance *$128,905.00 *Cost for John F. Kennedy Bust to be restored to be determined at a later date and added to the cost of the one-time restoration expense. DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Page 18 of 21 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: 1045F196-70AB-44B9-B993-1700941333BC Page 19 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. 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 DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Page 20 of 21 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. A9206" 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. A9206" 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: 1045F196-70AB-44B9-B993-1700941333BC Page 21 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. DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC 1001486 132849.12 03-16-2016 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 08/09/2022 JOHN FORD 79440 CORPORATE CENTRE DR STE 104 LA QUINTA, CA 92253 Karen Schroeder 760-564-0011 760-564-0220 karen.schroeder.itgu@statefarm.com BRETT FIORE DBA: SAME DAY EXPRESS & SIGNATURE SCULPTURE 79350 FOUR PATHS LN BERMUDA DUNES, CA 92203-1651 25178 A X X 214 8782-C24-55 03/24/2022 03/24/2023 1,000,000 1,000,000 1,000,000 Forms attached Endorsement #6196.AA Waiver of Subrogation under Coverage A Only in favor of The City of Palm Springs The City of Palm Springs, its officials, employees, and agents are named as an additional insured. This insurance is primary and non-contributory over any insurance or self insurance the City may have. 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. CITY OF PALM SPRINGS 3200 E. TAHQUITZ CANYON WAY PALM SPRINGS, CA 92263 State Farm Mutual Automobile Insurance Company 450 1653-D02-55 10/02/2021 10/02/2022 DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC 6028BU ADDITIONAL INSURED (Prior Notice of Termination) This endorsement is a part of the policy. Except for the changes this endorsement makes, all other provisions of the policy remain the same and apply to this endorsement. 1. A person or organization shown on the Declarations Page as an Additional Insured is provided Liability Coverage, but only to the extent that person or organization qualifies as an insured as defined in Liability Coverage. 2. An Additional Insured has the same right of recovery under Liability Coverage as if they had not been shown on the Declarations Page as an Additional Insured. 3. If Liability Coverage is changed or terminated as to the interest of the Additional Insured, unless another number of days notice is shown on the Declarations Page, we will provide the Additional Insured: a. 10 days notice of such change or termination if the policy is nonrenewed or the cancellation is for nonpayment of premium; and b. 20 days notice of such change or termination if the cancellation is for any reason other than nonpayment of premium. Page 1 of 1 6028BU ©, Copyright, State Farm Mutual Automobile Insurance Company, 2011 DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Page 1 of 1 6196AA ©, Copyright, State Farm Mutual Automobile Insurance Company, 2013 6196AA WAIVER OF SUBROGATION UNDER THE LIABILITY COVERAGE This endorsement is a part of the policy. Except for the changes this endorsement makes, all other provisions of the policy remain the same and apply to this endorsement. It is agreed that we have no right of subrogation under Liability Coverage against the person or or- ganization whose name is shown immediately following the title of this endorsement on the Decla- rations Page to the extent that you have waived your legal right to recover from that person or organization pursuant to a written contract you had duly executed with that person or organization prior to the accident or loss. #214 8782-C24-55 Effective 08/09/2022 DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC 08/09/2022 Desert Cornerstone Insurance Service, Inc. CA License #0F15709 81713 Hwy 111, Ste E Indio CA 92201 Tina Eads (760) 347-7723 (760) 347-7725 tina@desertcornerstoneins.com Same Day Express, LLC, DBA: Dba: Same Day Express; DBA: Signature Sculpture RestorationSignature Sculptures Restoration P.O. Box 111 Palm Desert CA 92261 Century Surety Company 36951 22-23 GL A Y CCP1077458 07/01/2022 07/01/2023 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 Certificate holder is named as additional insured per form CGL1816 0216 when required by a written contract. City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 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 DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC CGL 1816 0216 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY . ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION, PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: CONTRACTORS LIMITED CLAIMS MADE GENERAL LIABILITY COVERAGE FORM CONTRACTORS LIMITED CLAIMS MADE AND REPORTED GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Additional Insured Person(s) or Organization Location(s) of Covered Operations Any person or organization that you are required to add as an additional insured pursuant to a written contract or agreement. Various locations as per written contract with the Named Insured. A.Section II – Who is an Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to “bodily injury” or “property damage” occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of “your work” out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CGL 1816 0216 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 3 of 4 DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC CGL 1816 0216 C.The insurance provided for the benefit of the above scheduled additional insured(s) shall be primary and non- contributory, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated in the Schedule above. D.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits of Insurance and Deductible: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. CGL 1816 0216 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 4 of 4 DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Certificate Of Completion Envelope Id: 1045F19670AB44B9B9931700941333BC Status: Completed Subject: Please DocuSign: CONTRACT ABSTRACT.pdf, GL COI_City of PS 08 22.pdf, WCOMP City of PS COI 08 ... Source Envelope: Document Pages: 29 Signatures: 4 Envelope Originator: Certificate Pages: 5 Initials: 0 Leigh Gileno AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 leigh.gileno@palmspringsca.gov IP Address: 47.176.125.90 Record Tracking Status: Original 9/8/2022 8:53:56 AM Holder: Leigh Gileno leigh.gileno@palmspringsca.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palm Springs Location: DocuSign Signer Events Signature Timestamp Brett Fiore signaturesculpturepd@yahoo.com Owner, Operator Security Level: Email, Account Authentication (None)Signature Adoption: Drawn on Device Using IP Address: 67.49.48.226 Sent: 9/8/2022 9:17:59 AM Viewed: 9/8/2022 10:18:16 AM Signed: 9/8/2022 10:22:13 AM Electronic Record and Signature Disclosure: Accepted: 9/8/2022 10:18:16 AM ID: 922bdf4e-6f4f-405b-b7dc-a5fda56b0e0e Jeff Ballinger Jeff.Ballinger@bbklaw.com City Attorney Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 74.116.243.2 Sent: 9/8/2022 10:22:16 AM Viewed: 9/8/2022 11:50:11 AM Signed: 9/8/2022 11:51:44 AM Electronic Record and Signature Disclosure: Accepted: 9/8/2022 11:50:11 AM ID: 6448d342-615c-46f5-a330-7cfad980c0ea Teresa Gallavan Teresa.Gallavan@palmspringsca.gov Assistant City Manager City of Palm Springs Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 47.176.125.90 Sent: 9/8/2022 11:51:47 AM Viewed: 9/12/2022 8:26:53 AM Signed: 9/12/2022 8:29:16 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Brenda Pree Brenda.Pree@palmspringsca.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 47.176.125.90 Sent: 9/12/2022 8:29:18 AM Viewed: 9/12/2022 10:24:02 AM Signed: 9/12/2022 10:43:11 AM Electronic Record and Signature Disclosure: Accepted: 9/7/2022 8:21:01 AM ID: 9be06ae2-09de-4f55-b669-f1a3d981eee3 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/8/2022 9:17:59 AM Certified Delivered Security Checked 9/12/2022 10:24:02 AM Signing Complete Security Checked 9/12/2022 10:43:11 AM Completed Security Checked 9/12/2022 10:43:11 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Palm Springs (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 4/20/2020 5:16:38 PM Parties agreed to: Brett Fiore, Jeff Ballinger, Brenda Pree Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of Palm Springs: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: Building@palmspringsca.gov To advise City of Palm Springs of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at Building@palmspringsca.gov and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from City of Palm Springs To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to Building@palmspringsca.gov and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Palm Springs To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to Building@palmspringsca.gov and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify City of Palm Springs as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Palm Springs during the course of your relationship with City of Palm Springs. DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC