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Home My WebLink About23C177 - TK Elevator Corporation Amend 1CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) Elevator Equipment Maintenance and Repair Services TK Elevator Corporation Gabriel Schaper gabriel.schaper@tkelevator.com elevator maint & repair services at Police Station, Baristo Parking Structure, and Belardo Parking Structure $74,650 (including this A#1 for $9,000) November 1, 2023, through September 30, 2025 Yes Ryan Bunn, ryan.bunn@tkelevator.com Daniel Meidnl, daniel.meindl@tkelevator.com Public Works David McAbee/ Daniel Martinez 23C177 1 - - Yes Procurement - No R2000502 OMNIA Partners Yes 08/07/2024 Tabitha Richards Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB 8/21/2024 AMENDMENT NO. 1 TO COOPERATIVE PURCHASE AGREEMENT NO. 23C177 FOR ELEVATOR EQUIPMENT MAINTENANCE AND REPAIR SERVICES This Amendment No. 1 to the Cooperative Purchase Agreement (23C177), (“Amendment No. 1”), is made and entered into this 1st day of July, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and TK Elevator Corporation, a Delaware corporation, hereinafter designated as the Contractor. City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”. RECITALS A. City requires the services of a licensed contractor for Elevator Equipment Maintenance and Repair Services, (“Project”). B. On November 1, 2023, the City Manager approved 23C177, commencing November 1, 2023, and continuing through September 30, 2025, in reference to the competitively solicited OMNIA Partners (formerly U.S. Communities) Contract No. R200502 with Contractor, for a total contract amount not to exceed $65,650. C. Parties desire to amend the Scope of Services to include an allotment of $9,000 for service calls in accordance with the rate outlined in Attachment A, for a revised total contract amount not to exceed $74,650. D. Contractor desires to perform said services on the terms and conditions set forth in this Amendment. In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows: AGREEMENT SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this Amendment No. 1. Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB SECTION 2. 3.1 Compensation and Payment. Is hereby replaced in its entirety as follows: “3.1 Compensation and Payment. Contract 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 $74,650.” SECTION 3. Exhibit “A” Contractor’s Scope of Services/Work Including, Schedule of Fees and Schedule of Performance is hereby amended to incorporate the additional Schedule of Fees identified in Attachment A – Additional Services. SECTION 4. Full Force and Effect. All terms, conditions, and provisions of the COOPERATIVE PURCHASE AGREEMENT 23C177, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 1 and any provisions of the COOPERATIVE PURCHASE AGREEMENT 23C177, the provisions of this Amendment No. 1 shall in all respects govern and control. SECTION 5. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (I) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said Party is bound. Except as specifically amended by this Amendment No. 1, all terms and provisions of Agreement No. 23C177 remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB SIGNATURE PAGE TO AMENDMENT NO. 1 (23C177) BY AND BETWEEN THE CITY OF PALM SPRINGS AND TK ELEVATOR CORPORATION 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: ___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: 14675E8F-6A56-4D80-98A8-3B4449C00CBB 8/8/20248/21/2024 8/21/2024 ATTACHMENT A ADDITIONAL SERVICES Contractor shall respond to services call for repairs services at rates not to exceed the following: Straight Time: $417.90/hour OT Differential: $292.53/hour OT: $710.43/hour Double Time Differential: $417.90/hour Double Time: $835.80/hour Straight Time: Monday through Friday 8:00 AM – 4:30 PM OT: Monday through Friday 4:30 PM – 8:00 AM Double Time: Sundays and Holidays Total Amount not to exceed $9,000 Rates are subject to change based on negotiated contracted labor rates and subject to change October 1 annually. 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ocusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB 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: Signatures: Insurance: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 6.13.23 Authorized Signers: Name, Email (Corporations require 2 signatures) Elevator Equipment Maintenance and Repair Services TK Elevator Corporation Gabriel Schaper gabriel.schaper@tkelevator.com elevator maint & repair services at Police Station, Baristo Parking Structure, & Belardo Parking Structure 65,650 November 1, 2023 through September 30, 2025 Yes Ryan Bunn, ryan.bunn@tkelevator.com Daniel Meindl, daniel.meindl@tkelevator.com Maintenance & Facilities Heather MacPherson N/A 23C177 Yes Yes Yes Yes N/A No R200502 OMNIA Partners Yes 8/10/2023 Brian Sotak-Rossman DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB Revised 2.9.22 Page 1 of 23 COOPERATIVE PURCHASE AGREEMENT 23C177 ELEVATOR EQUIPMENT MAINTENANCE AND REPAIR SERVICES OMNIA PARTNERS CONTRACT R200502 This Cooperative Purchase of elevator equipment maintenance and repair services Agreement (“Agreement”) is entered into by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and TK ELEVATOR CORPORATION, a Delaware Corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” or collectively as “Parties” in this Agreement. 1.BACKGROUND. a.This Agreement is made and entered into in reference to the competitively solicited OMNIA Partners (formerly U.S. Communities) Contract No. R200502 with Contractor (“Cooperative Agreement”). b.The City desires to retain the services for the maintenance and repair of the city’s elevator equipment attached hereto as Attachment “A”, the content of which is incorporated by reference to this Agreement as if fully set out her in its entirety. c.Contractor desires to perform said services on the terms and conditions set forth in this Agreement. 2.TERM. Unless earlier terminated in accordance with Section 10 of this Agreement, this Agreement shall continue in full force and effect, commencing on November 1, 2023, and ending on September 30, 2025, the expiration of OMNIA Partners Contract R200502. 3.COMPENSATION AND PAYMENT. This Agreement is for an amount not to exceed $65,650.00, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, as shown as Attachment “B”, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 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. 5.INSURANCE. Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Attachment "C", incorporated herein by reference. If no insurance is required Attachment “C” will reflect that there are no requirements. 6.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 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 DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB Revised 2.9.22 Page 2 of 23 performance of Services or this Agreement. This indemnification clause excludes Claims arising from the 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. In no event shall either party be liable for any indirect, special, liquidated, incidental, exemplary or consequential damages, or for loss of use, loss of income, loss of opportunity, or other similar remote damages. 7. NOTICE. Any notice required under this Agreement must be given by fax, hand delivery, email with delivery receipt or certified mail, postage prepaid, and is deemed received on the day faxed, or hand delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: To City: City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Contractor: TK Elevator Corporation Attention: Gabriel Schaper 1601 S. Sunkist St. Ste A Anaheim, CA 92806 8. 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 this Agreement. 9. Changes. In the event any change or changes in the work 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 work not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession. 10. Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon ninety (90) days written notice to the other party. Where termination is due to the fault of Contractor, City shall afford Contractor thirty (30) days to remedy any alleged nonperformance prior to the termination becoming effective. Contractor shall be notified in writing of specific nonperformance. If Contractor fails to cure to City’s satisfaction, Contractor shall immediately cease all Services except such as DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB Revised 2.9.22 Page 3 of 23 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 30 days written notice to City. 11. Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. 12. Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Attachment “D” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. 13. Entire Agreement. This Agreement, along with the Cooperative Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written between the parties. In the event of conflict or inconsistency between this Agreement and the Cooperative Agreement, this terms and conditions in this Agreement shall prevail. [SIGNATURES ON NEXT PAGE] DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB Revised 2.9.22 Page 4 of 23 SIGNATURE PAGE TO COOPERATIVE PURCHASE OF ELEVATOR EQUIPMENT MAINTENANCE AND REPAIR SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND TK ELEVATOR CORPORATION 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: 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: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7 9/2/2023 9/5/2023 9/7/2023 Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB Revised 2.9.22 Page 5 of 23 ATTACHMENT “A” SCOPE OF WORK DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB Revised 2.9.22 Page 6 of 23 DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB Revised 2.9.22 Page 7 of 23 DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB Revised 2.9.22 Page 8 of 23 DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB Revised 2.9.22 Page 9 of 23 DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB Revised 2.9.22 Page 10 of 23 DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB Revised 2.9.22 Page 11 of 23 DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB Revised 2.9.22 Page 12 of 23 DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB Revised 2.9.22 Page 13 of 23 DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB Revised 2.9.22 Page 14 of 23 DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB Revised 2.9.22 Page 15 of 23 DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB Revised 2.9.22 Page 16 of 23 DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB Revised 2.9.22 Page 17 of 23 DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB Revised 2.9.22 Page 18 of 23 ATTACHMENT “B” QUOTE / PRICING Building Name Address State No. Unit Count Unit Type Contract Type Omnia Pricing per month Palms Springs Police Department 200 S Civic Dr Palm Springs 1 Hydraulic Platinum $250.00 Belardo Parking Structure 101 N Belardo Rd Palm Springs 1 Traction Platinum $550.00 Indian Canyon Parking Structure 275 Indian Canyon Dr Palm Springs 3 Hydraulic Platinum $750.00 DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB Revised 2.9.22 Page 19 of 23 ATTACHMENT “C” INSURANCE REQUIREMENTS DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB Revised 2.9.22 Page 20 of 23 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. Such additional insured coverage shall only apply to the extent any damages covered by the policy are determined to be caused by Contractor’s acts, actions, omissions or neglects and not to the extent caused by the additional insured’s own acts, actions, omissions, or neglects or for bare allegations. 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. For Workers’ Compensation and Employer’s Liability Insurance only, DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB Revised 2.9.22 Page 21 of 23 the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers only as respects the Contractor’s negligence. 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. 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 blanket Additional Insured Endorsement with the following endorsements stated on the certificate or equivalent policy approved wording: A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). B. "This insurance is primary over any insurance or self-insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). C. "Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers as respects the negligence of the Contractor. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the certificates of insurance. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them. DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB Revised 2.9.22 Page 22 of 23 7. Deductibles and Self-Insured Retentions. 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: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB Revised 2.9.22 Page 23 of 23 ATTACHMENT D EXECUTIVE ORDER N-6-22 CERTIFICATION Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect. Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals. The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California. Signature: Printed Name: Title: Firm Name: Date: DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7 9/2/2023 Area Vice President TK Elevator Ryan Bunn Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 (760) 322-8328 PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY. BUSINESS LICENSE CERTIFICATE Business Name:Business Type(s):TK ELEVATOR 3533 OIL & GAS FIELD MACHINERY & EQUIPMENT Business Location:No address listed for the license Mailing Address:1601 S Sunkist St. Anaheim, CA 92806 Owner:TK Elevator Americas Corporation License Number:9732 LegacyLicense Type: Issued Date:3/31/2023 Classification:Legacy Expiration Date:3/31/2024 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. TO BE POSTED IN A CONSPICUOUS PLACE DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB CERTIFICATE OF LIABILITY INSURANCE Page 1 of 1 DATE (MM/DD/YYYY) 02/09/2023 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. 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). PRODUCER Aon Risk Services Central,Inc. 200 East Randolph CHICAGO,IL 60601 INSURED TK Elevator Corporation f/k/a ThyssenKrupp Elevator Corporation CONTACT NAME:Aon Risk Services Central,Inc. PHONE (A/C No.Ext):(866)283-7122 FAX (A/C No.Ext):(800)363-0105 E-MAIL ADDRESS:acs.chicago@aon.com INSURER(S)AFFORDING COVERAGE NAIC # INSURER A:HDI Global Insurance Company 41343 INSURER B:ACE American Insurance Company 22667 INSURER C:Indemnity Insurance Company of NA 43575 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 2265159 REVISION NUMBER: 1 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PROJECT LOC OTHER: GLD5668802 /GLD5668902 10/01/2022 10/01/2023 EACH OCCURRENCE $5,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence)$100,000 MED EXP (Any one person)$5,000 PERSONAL &ADV INJURY $5,000,000 GENERAL AGGREGATE $10,000,000 PRODUCTS -COMP/OP AGG $10,000,000 B AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY ISA H10757599 10/01/2022 10/01/2023 COMBINED SINGLE LIMIT (Ea accident)$4,000,000 BODILY INJURY(Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) A X UMBRELLA LIAB X OCCUR EXCESS LIAB CLAIMS-MADE DED RETENTION $ CUD5669102 10/01/2022 10/01/2023 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 C B C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N If yes,describe under DESCRIPTION OF OPERATIONS below N/A WLR C50730736 (AOS) WLR C50726836 (CA,MA) WLR C50726897 (TK Airport) 10/01/2022 10/01/2022 10/01/2022 10/01/2023 10/01/2023 10/01/2023 X PER STATUTE OTHER E.L.EACH ACCIDENT $1,000,000 E.L.DISEASE -EA EMPLOYEE $1,000,000 E.L.DISEASE -POLICY LIMIT $1,000,000 Limits shown as requested: DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Division Number:108050 -Named Insured Includes:TK Elevator Corporation -Address:1601 S.Sunkist,Suite E Anaheim,CA 92806 Project Number:-Project Name:ALL OMNIA Locations -Address:Listed on the National Agreement CERTIFICATE HOLDER CANCELLATION Omnia Partners Group City of Palm Springs 3200 E Tahquitz Canyon Way PALM SPRINGS,CA 92262 United States SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2016 ACORD CORPORATION.All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE (INSTRUCTION FOR APPLICANTS) Page 1 of 2 (Revised 09 13 18) CITY OF PALM SPRINGS PUBLIC INTEGRITY DISCLOSURE (INSTRUCTIONS FOR APPLICANTS) Who Must File? Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions. Why Must I File? The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney. Note: A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following: (1) the owner/investor and the official have done business together during the year prior to the application; (2) the official has earned income from the owner/investor during the year prior to the filing of the application; (3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or (4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor’s interest in the applicant entity, in relation to the application’s outcome. When Must I File? You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed. DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE (INSTRUCTION FOR APPLICANTS) Page 2 of 2 (Revised 09 13 18) What Must I Disclose? A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.). Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed). B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant’s application, or with the City Manager or City Attorney. PENALTIES Falsification of information or failure to report information required to be reported may subject you to administrative action by the City. DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of 2 (Revised 09 13 18) PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1.Name of Entity 2.Address of Entity (Principle Place of Business) 3.Local or California Address (if different than #2) 4.State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California?  Yes  No 5.Type of Entity  Corporation  Limited Liability Company  Partnership  Trust  Other (please specify) 6.Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _________________________________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner  Other ____________________________________ _________________________________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner  Other ____________________________________ _________________________________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner  Other ____________________________________ TK Elevator Corporation 1601 S Sunkist St Anaheim, CA 92806 Evan Schubert Ryan Bunn Regional President Kevin Robertson Executive Vice President, North America Delaware DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 2 of 2 (Revised 09 13 18) 7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity EXAMPLE JANE DOE [name of owner/investor] 50%, ABC COMPANY, Inc. [percentage of beneficial interest in entity and name of entity] A. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] B. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] C. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] D. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] E. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Disclosing Party, Printed Name, Title Date Business Development Manager February 7th, 2023Alan Schulz 100%TK Elevator Americas Corporation DocuSign Envelope ID: 7A4BDD47-B5C3-4AA2-B12B-69E0B4F7B4C7Docusign Envelope ID: 14675E8F-6A56-4D80-98A8-3B4449C00CBB