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HomeMy WebLinkAbout04244 - DUPONT FLOORING AIRPORT CARPET CLEANING MO 6551 55 g, � Hi7 ok 81Q.jn� —6369 p, Mar p 1 MN � 770 !501 January 14,2005 Dear Customer: We are very pleased to announce that the Southern California business of 'I'll(! Inviromnesltalists (formerly DuPont Flooring Systems or'I'he Iltvironmentalists) has been acquired by DfS flooring, effective February 15, 2005. The hushless will continue to be conducted under the same management and staff and we will continuo to be able to handle t111 ol'your flooring needs with the same superior service as in the past. In fact, all that will have changed, from file point of view of all of our satislicd customers, is the manic. WC Will also continue to operate our facilities in San Diego and our Maintenance department in Fullerton. At this time, all payments, regardless if lticy are payable to The Invironmentalists or to DFS Flooring, should be sent to; DFS Flooring I5651 Saticoy Street Van NuyS, CA 1)1406 Phonc 818-374-5200 Fax 818-779-1524 All contracts issued hi the Invironmentalists will continue to be serviced under The Invironmentalists information, That means all information you currently have on flIc(jor those ongoing projects), including the contractor's license number, insurance and any othor information will ronmin the same. All flow contracts will be issued to DFS flooring (will' a corresponding now contractor's license etc.) We are grateful for all of your past support and look forward to continuing our relalionship with you and serving your needs in the future as we have it, the past. Sincerely, Richard hriednlan president µ a Y DuPont Flooring Airport Carpet Cleaning AGREEMENT #4244 Amend 3 M07351 , 7-30-03 AMENDMENT NO. 3 AGREEMENT NO. 4244, AIRPORT CARPET CLEANING SERVICES THIS THIRD AMENDMENT to Agreement No 4244 for Contract Services, (herein "Agreement") made and entered into on the day of �C,r., 2003, by and between the CITY OF PALM SPRINGS (herein "City")/and DuPont Floorings Systems (herein "Contractor"), (The term Contractor includes professionals performing in a consulting capacity.), is hereby effective as follows: The"Contractor"has been retained to perform carpet cleaning services forthe City of Palm Springs, Department of Aviation (AIRPORT), which operates the Palm Springs International Airport. Exhibit"A" Scope of Services Exhibit "A" Scope of Services, as amended, is hereby replaced with the following: Scope of Work:The Scope of Work consists of furnishing all equipment,materials,supplies, labor and service necessary to provide a contract carpet maintenance program in the designated areas of the Palm Springs International Airport in accordance with the Dupont Service Visit Program and at the specified service frequencies. Maintenance Frequencies: Service frequencies for the carpet maintenance program are determined by zone definition (based on expected traffic) and season definition (based on the seasonal passenger activity at the Airport). Services are to be provided in accordance with the schedule in Exhibit"D." Zone Definition/Maintenance Program Coverage:The carpeted areas at the Airport have been characterized into three (3)zones based on expected traffic. These zones are: high, medium and low traffic areas and are graphically identified on Attachment"B"(High= Red, Medium= Blue, and Low= Green). The carpet maintenance program shall cover the high and medium-traffic areas (red and blue areas). Low-traffic areas (green)will be maintained by City staff. Service Visit Specifications: Each service visit shall consist of the following: - cleaning of a minimum of 5,000 square feet; - pre-vacuuming of all areas to be cleaned; - application of DuPont's patented low-moisture soil encapsulating cleaning solutions; - hot water extraction where necessary; - post-spotting where necessary. All services shall be performed to the satisfaction of the Airport Maintenance Superintendent. Secured Access to Work Areas: The areas in which work is to be performed are considered secure areas in accordance with FederalAviation Administration security guidelines.The contractor shall comply with the security related provisions within this agreement. DuPont Flooring Systems Amendment#3 Page 1 of 10 lAr pcVpL. Exhibit "B" Special Requirements Exhibit"B" Special Requirements, is hereby replaced with the following: Performance Bond:The requirements of Section 5.3 for provision of a Performance Bond are deleted. Airport Security: Criminal History Records Check (CHRC) - The Contractor will be required to submit to the Sponsor prior to the commencement of construction, a letter authorizing specific Contractor representatives to approve the issuance of Airport Identification badges and the processing of a fingerprint based Criminal History Records Check(CHRC)and/or an employment history verification. Employment history verification records and/or CHRC results must be made available to the Sponsor or the Transportation Security Administration (TSA) and/or Federal Aviation Administration (FAA) immediately upon request. Under certain circumstances, and out of control of the Sponsor, security measures may change on short notice. No deviations from any security measure shall be allowed at any time. Secured/SIDA Area Access -All Contractor personnel who require unescorted access to the Secured/SIDA areas of the Airport, prior to the issuance of an Airport Identification badge, must successfully complete a fingerprint based Criminal History Records Check (CHRC). In accordance with CFR 49 1542.209, the CHRC must disclose that the applicant has not been convicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed below or as stated in 49 CFR 1542.209,during the 10 years before the date of the individual's application for unescorted access authority, or while the individual has unescorted access authority. The disqualifying criminal offenses are as follows— (1)Forgery of certificates, false marking of aircraft, and other aircraft registration violation;49 U.S.C. 46306. (2) Interference with air navigation; 49 U.S.C. 46308. (3) Improper transportation of a hazardous material; 49 U.S.C. 46312. (4) Aircraft piracy; 49 U.S.C. 46502. (5) Interference with flight crew members or flight attendants; 49 U.S.C. 46504. (6) Commission of certain crimes aboard aircraft in flight; 49 U.S.C. 46506. (7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46505. (8) Conveying false information and threats; 49 U.S.C. 46507. (9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b). (10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315. (11) Unlawful entry into an aircraft orairport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314. (12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. (13) Murder. (14) Assault with intent to murder. (15) Espionage. (16) Sedition. (17) Kidnapping or hostage taking. DuPont Flooring Systems Amendment#3 Page 2 of 10 (18) Treason. (19) Rape or aggravated sexual abuse. (20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon. (21) Extortion. (22) Armed or felony unarmed robbery. (23) Distribution of, or intent to distribute, a controlled substance. (24) Felony arson. (25) Felony involving a threat. (26) Felony involving — (i) Willful destruction of property; (ii) Importation or manufacture of a controlled substance; (iii) Burglary; (iv) Theft; (v) Dishonesty, fraud, or misrepresentation; (vi) Possession or distribution of stolen property; (vii) Aggravated assault; (viii) Bribery; or (ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year. (27) Violence at international airports; 18 U.S.C. 37. (28) Conspiracy or attempt to commit any of the criminal acts listed in this paragraph (d). Secured Area Access - All Contractor personnel who require unescorted access to the Secured/Non-Restricted area of the Airport, prior to the issuance of an Airport Identification badge must submit to the Sponsor an employment history verification for the past five (5) years preceding the date the access investigation is initiated. The employment history verification must comply with the requirements of the Sponsor, which includes, but is not limited to: The entire 5 years must be accounted for with no gaps greater than 12 consecutive months. Employee Security Badges-All Contractor personnel who require access to certain secured and/or restricted areas of the Airport must obtain, and conspicuously display on their person at all times when they are within these areas, an Airport issued security identification badge. The appropriate badge may be obtained at the Airport Operations Center located in the terminal building. The cost for each identification badge is $25.00. Each CHRC also costs $35.00. Stolen and/or lost identification badges are subject to a $35.00 replacement fee. All badges are to be returned to the Sponsor upon completion of the project. In order to obtain a Secured Area identification badge, each Contractor employee must have satisfactorily completed the aforementioned CHRC and successfully completed a required 2 hourtraining class on airport security. Attendance of the class and subsequent issuance of the security identification badge may take longer than 3 hours per person. Perimeter Security Gate Access - During the course of the project, the Contractor may be allowed to use only one(1)perimeter gate for access. The Engineer shall approve this access gate and associated haul roads. The Contractor will be required to guard this gate at all times while the gate is open or unlocked. The Contractor and the Contractor's badged gate guard are responsible for all persons accessing the airport through the Contractor's secured gate. The Contractor's gate guard shall deny access to all individuals that do not have displayed on their person an Airport issued security identification badge for those areas that the display of DuPont Flooring Systems Amendment 43 Page 3 of 10 such badge is required or written Airport authorization for those areas that the display of such badge is not required. Vehicles and Equipment- All licensed vehicles operated on airport property are required to have conspicuously posted on said vehicle a vehicle permit issued by the Airport.This vehicle permit shall hold the Contractor responsible for both the vehicle and all personnel within the vehicle while the vehicle is on airport property. All vehicles and equipment shall be identified with appropriate company signage on each vehicle and display in full view, and at all times, a 3 foot by 3 foot flag with 1 foot checks of international orange and white. Operators of said vehicles shall have successfully completed an Air Operations Area (AOA) driving test. The AOA test can be administered during the security training class. All violations of Airport security are also violations of the City of Palm Springs Municipal Code 11.33,052,California Vehicle code and/or the Code of Federal Regulations.Any such violation may result in arrest, the issuance of a citation and/or the immediate revocation of access privileges. Procedures for Obtaining an Airport Identification Badge: 1. The Airport requires an "Authorization Signature Letter" to be on file for each company requesting Airport Identification Badges.The letter must contain the name of at least one individual who is authorized to request ID badges for the company. Management and supervisory representatives are preferred for this purpose. Original "wet"signatures are required. 2. The Airport requires each individual applying for a badge to be fingerprinted. SIDA badge and fingerprint applications are available at the Airport Operations Offices, or online at http://www,palmspringsairport.com/securityjips.html. 3. Completed fingerprint and badge applications must be signed by a company representative, as listed on the Signature Authorization Letter, on the second page of the badge application. The authorized signature verifies and approves the individual application for fingerprint and ID badge processing. The authorized signature also confirms all fees associated with fingerprint and badge processing will be paid by the company. Applications are located at the above Airport internet link, 4. Successful completion of a fingerprint-based Criminal History Records Check(CHRC) is required prior to receiving an ID badge or taking the SIDA training class. Fingerprint appointments can be scheduled with Shawn Flinn,Airport Operations Supervisor I I by e- mail at Shawn F(o),ci.Palm-springs.ca.us. After fingerprints are taken, the confidential results will usually be reported to an applicantwithin one(1)week. If nothing disqualifying is indicated, secured SIDA training can then be scheduled. 5. After notification that the CHRC process has been completed successfully,each applicant will attend mandatory SIDA Training Class training. Classes are scheduled every Wednesday at 11:00am in the Airport Conference Room, located upstairs in the main Terminal building. Appointments to attend SIDA class are scheduled through Shawn Flinn, Airport Operations Supervisor II. DuPont Flooring Systems Amendment#3 Page 4 of 10 6. Upon completion of the SIDA class and payment of applicable fees,the individual will be issued an Airport Identification Badge. Procedures to Obtain an AOA Vehicle Permit: 1. The Airport requires a separate "Authorization Signature Letter" to be on file for each company requesting AOA Permits. The letter must have a signature from at least one individual who is authorized to request ID badges for your company. Management or Supervisory representatives are preferred on this letter. Original "wet' signatures are required on all Authorization Signature Letters. 2. An AGA Vehicle Permit request form must be submitted each time you request a vehicle permit. More than one vehicle may be listed on each request. The form requires the following information: Vehicle make, vehicle type, color, year, and license number. An information package is also available for reference. Site Access: Access to certain areas of the air carrier ramp for carpet maintenance purposes will be through Perimeter Gate 15, unless otherwise arranged with the CITY Representative. Access to these areas, or any Security Information Display Area(SIDA)will be permitted only for SIDA badged CONTRACTOR personnel, or for CONTRACTOR personnel under escort by an SIDA badged CONTRACTOR employee. No deviations from any security measure will be allowed at any time. Vehicles and Equipment:All licensed vehicles operated on the Airport property are required to have conspicuously displayed in thewindshield a vehicle permit issued by Airport personnel. This vehicle permit shall hold the CONTRACTOR responsible for both the vehicle and all personnel within the vehicle while on Airport property. Identification: Each employee required to obtained SIDA access, through the Security provisions in these specifications, shall at all times display on their person the SIDA access badge while in the secure area. Additionally,identifying company shirts/uniforms shall be worn by each employee while on the Airport premises. Conduct:All employees, representatives and officials shall be expected to maintain excellent relations with the public, City officials and employees. Any display of offensive, discourteous or rude behavior by any representative of the Contractor may be cause for contract termination. Use of alcoholic beverages by Contractor representatives is prohibited, and representatives are prohibited from being on the premises under the influence of alcohol or any other substances. Exhibit "C" Schedule of Compensation Exhibit "C" Schedule of Compensation, is hereby replaced with the following: Contractor shall be compensated at the per month rate of two thousand seven hundred and eighty-five dollars ($2,785), in accordance with Section 2.0 Compensation. The annual cost of the agreement shall not exceed $33,420. DuPont Flooring Systems Amendment#3 Page 5 of 10 Exhibit"D" Schedule of Performance Exhibit"D" Schedule of Performance, is hereby replaced with the following: Term of Contract: The term of this agreement shall be for three (3) years, commencing on August 1, 2003 and running through July 31, 2006. Schedule of Services: Carpet cleaning services are to be provided in accordance with the following monthly schedule of the active agreement year: Maintenance programmed cleaning shall occur within the following areas: August 7 - Maintain Red in Ticketing & Security Area 14 - Maintain Red in Baggage Claim & Spot Clean as Necessary 15 - Maintain Red in North/South Holdrooms & Red in Commuter Hold area 21 - Maintain Blue in Baggage Claim & Spot Clean as necessary 28 - Maintain ''/z of Red in New Concourse and Spot Clean as necessary 29 - Maintain '/2 of Red in New Concourse &Spot Clean as necessary September 4 - Maintain Red in Baggage Claim & Spot Clean as necessary 11 - Maintain Red in Ticketing & Security Checkpoint 18 - Maintain '/z of Red in New Concourse & Spot Clean as necessary 19 - Maintain '/2 of Red in New Concourse & Spot Clean as necessary 25 - Maintain Red in North/South Holdrooms & Red in Commuter Hold area October 2 - Maintain Red in Baggage Claim & Spot Clean as necessary 9 - Maintain Red in Ticketing & Security Checkpoint 16 - Maintain '/z of Red in New Concourse & Spot Clean as necessary 17 - Maintain '/z of Red in New Concourse & Spot Clean as necessary 23 - Maintain Blue in Baggage Claim & Spot Clean as necessary 30 - Maintain Red in North/South Holdrooms & Red in Commuter Hold area November 1 - Maintain Red in Baggage Claim & Spot Clean as necessary 2 - Maintain Red in Ticketing & Security Checkpoint 6 - Maintain Red in North/South Holdrooms & Blue in Baggage Claim Areas 13 - Maintain '/z of Red in New Concourse & Red in Commuter Hold Areas 14 -Maintain '/z of Red in New Concourse & Spot Clean as necessary 20 - Maintain Red in Baggage Claim & Spot Clean as necessary 27 - Maintain ''/2 of Red in New Concourse & Spot Clean as necessary 28 - Maintain ''/2 of Red in New Concourse & Red in Commuter Hold Areas DuPont Flooring Systems Amendment#3 Page 6 of 10 December 4 - Maintain Red in Baggage Claim & '/ of Blue in Baggage Claim 5 - Maintain Red in Ticketing & Security Checkpoint and ''/z of Blue in Baggage Claim 11 - Maintain ''/z of Red in New Concourse & '/z of Red in North/South Holdrooms 12 - Maintain '/2 of Red in New Concourse & '/z of Red in North/South Holdrooms 18 - Maintain Red in Baggage Claim & Red in Commuter Hold areas 19 - Maintain Red in Ticketing & Security Checkpoint 27 - Maintain '/ of Red in New Concourse & Spot Clean as necessary 28 - Maintain '/2 of Red in New Concourse & Red in Commuter Hold area January 2 - Maintain Red in Baggage Claim & Spot Clean as necessary 8 - Maintain Red in Ticketing & Security Checkpoint 9 - Maintain Blue in Baggage Claim &Spot Clean as necessary 15 - Maintain '/z of Red in New Concourse &Spot Clean as necessary 16 - Maintain '/z of Red in New Concourse & Spot Clean as necessary 22 - Maintain Red in Ticketing & Security Checkpoint 23 - Maintain Red in Baggage Claim & Spot Clean as necessary 29 - Maintain '/ of Red in New Concourse & Spot Clean as necessary 30 - Maintain '/ of Red in New Concourse & Red in Commuter Hold Areas February 5 - Maintain Red in Baggage Claim & '/z of Blue in Baggage Claim 6 - Maintain Red in Ticketing & Security Checkpoint& '/z of Blue in Baggage Claim 12 - Maintain '/ of Red in New Concourse & Red in Commuter Hold Areas 13 - Maintain '/z of Red in New Concourse & Spot Clean as necessary 19 - Maintain Red in Baggage Claim & '/z of Blue in Baggage Claim 20- Maintain Red in Ticketing&Security Checkpoint and Red in North/South Holdrooms 26 - Maintain '/z of Red in New Concourse & Spot Clean as necessary 27 - Maintain '/z of Red in New Concourse & Red in Commuter Hold Areas March 5 - Maintain Red in Ticketing & Security Checkpoint 6 - Maintain Red in Baggage Claim & Spot Clean as necessary 12 - Maintain '/z of Red in New Concourse & Spot Clean as necessary 13 - Maintain Yz of Red in New Concourse & Spot Clean as necessary 19 - Maintain Red in North/South Holdrooms and Red in Commuter Hold area 20 - Maintain Blue in Baggage Claim &Spot Clean as necessary 26 - Maintain Red in Baggage Claim &Spot Clean as necessary 27 - Maintain Red in Ticketing & Security Checkpoint April 2 - Maintain Red in Baggage Claim & Spot Clean as necessary 3 - Maintain Red in Ticketing & Security Checkpoint DuPont Flooring Systems Amendment N3 Page 7 of 10 9 - Maintain Red in North/South Holdrooms and Red in Commuter Hold area 10 - Maintain '/2 of Red in New Concourse & % of Blue in Baggage Claim 16 - Maintain ''/z of Red in New Concourse & % of Blue in Baggage Claim 17 - Maintain Red in North/South Holdrooms & Red in Ticketing area 23 - Maintain '/ of Red in New Concourse & Red in Commuter Hold Areas 24 - Maintain '/z of Red in New Concourse & Spot Clean as necessary 30 - Maintain Red in Baggage Claim & Spot Clean as necessary May 1 - Maintain Red in Baggage Claim & Spot Clean as necessary 7 - Maintain Red in Ticketing & Security Checkpoint 8 - Maintain Red in North/South Holdrooms & Red in Ticketing area 14 - Maintain '/ of Red in New Concourse &Spot Clean as necessary 15 - Maintain '/z of Red in New Concourse &Spot Clean as necessary 21 - Maintain Red in Ticketing & Security Checkpoint 22 - Maintain Blue in Baggage Claim &Spot Clean as necessary June 4 - Maintain Red in Baggage Claim & Spot Clean as necessary 11 - Maintain '/z of Red in New Concourse & Spot Clean as necessary 18 - Maintain '/z of Red in New Concourse & Spot Clean as necessary 19 - Maintain Red in Ticketing and Security Checkpoint July 9 - Maintain Red in Baggage Claim & Spot Clean as necessary 16 -Maintain Red in Ticketing & Security Checkpoint 23 - Maintain '/z of Red in New Concourse & Spot Clean as necessary 24 - Maintain '/z of Red in New Concourse &Spot Clean as necessary 30 - Maintain Red in North/South Holdrooms and Red in Commuter Hold area Schedule of work: Services shall be performed Sunday night/Monday morning through Thursday night/Friday morning, between the hours of 10:00 P.M. and 6:30 A.M., except as modified by the City Representative. Saturday and Sunday hours must be approved in advanced, Due to the on-going nature of Airport operations, the Contractor shall coordinate all work scheduling with the City Representative in advance. Every effort shall be made by the Contractor to perform services in Terminal zones at such times as will avoid any inconvenience to Airport customers, staff and operations. Services shall not be scheduled on normal City employee holidays. Schedule of Services: Carpet cleaning services are to be provided in accordance with the attached. Schedule of work: Services shall be performed Sunday night/Monday morning through Thursday night/Friday morning, between the hours of 10:00 P.M. and 6:30 A.M., except as modified by the City Representative. Saturday and Sunday hours must be approved in advanced. Due to the on-going nature of Airport operations, the Contractor shall coordinate DuPont Flooring Systems Amendment#3 Page 8 of 10 all work scheduling with the City Representative in advance. Every effort shall be made by the Contractorto perform services in terminal zones at such times as will avoid any inconvenience to Airport customers, staff and operations. Services shall not be scheduled on normal City employee holidays. Except as specifically worded herein, all terms and conditions of the Agreement shall remain in full force and effect and performance of services under the Agreement shall be governed by the provisions of the Agreement. N:1AgreementslTerminallDupont_Amendment 3—July 2003.wpd DuPont Flooring Systems Amendment#3 Page 9 of 10 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS 7,A a municipal corporation B - �` ! _._--,.gam s• 4 , City clerk 1-aG/0 City MAgaer i eement over/fu le► $25,009 APPROVED AS TO FORM: Reviewed and approved by Procurement & Contracting By' •c. r Initials �� Dates Y4 G City Attom F.O. Number CONTRACTOR: Check one:_Individual_Partnership_Corporation Corporations require two notarized signatures: One from each of the following A. Chairman of Board,President,or any Vice President:AND B.Secretary,Assistant Secretary, easurer,Assistant Treasurer,or Chief Financial Officer). - tita By: B E, y: Sign`ahtttre(notarized) Signa re(notarized) Name: ta7o'o .,li9l 'li/v� Name: l4y�k 7 Title: Title: J Stale of State of(�-L/v�• � l�{ County of, gar N 55 County of h& '�e­JSS On LL10 before me, A On d o '3 before me, personally appeared 2c:-'ti:�.,- i(�-�•�%wU�—c personally appeared personally known to me(or proved to me on the basis of satisfactory personally known to me(or proved to me on the basis of satisfactory evidence)to bethe person(s)whose name(s)is/aresubscribed to the evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by the same in his/her/their authorized capacity(ies), and that by his/her/theirsignalure(s)on the instrumemthe person(s),or theentity his/her/theirsignature(s)on the instmmenuhe person(s),orthe entity upon behalf of which the person(s)acted,executed the instrument. upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. _ n Notary Signature: /� z .�`LI,''�Z� Notary Signature: Notary Seal: Notary Seal: .� MARAAIRVIN MARIAAIRVIN F- .:,:; ;," COMM,#1496076 CIOMM.#1406076 NOTARY "" CALIFORNIA U) NOTARYPUBLIC• N I' -`'il�%'` Rs. . O tY •.,r�•� LOS ANGELES COUNTY y MY COMM.E%PIKES MARCH 18,2W7 L'=�.� �iK1l`uJ�'HI�U 13V'1fWls t�ffl�lf ` c„Nl�,r,.�%ii l-, DuPont Flooring Systems ; Carpet Cleaning AGRFEM6MT #4244 Amend 2 7-31-02, M07130 AMENDMENT NO. 2 AGREEMENT NO. 4244, AIRPORT CARPET CLEANING SERVICES THIS SECOND AMENDMENT to Agreement No 4244 for Contr ct Services, (herein "Agreement") made and entered into on the _-7;�,/ 5 a- day of 2002, by and between the CITY OF PALM SPRINGS (herein "City" rid D Pont Floorings Systems (herein "Contractor"), (The term Contractor includes professionals performing in a consulting capacity.), is hereby effective as follows: The"Contractor" has been retained to perform carpet cleaning services forthe City of Palm Springs, Department of Aviation (AIRPORT), which operates the Palm Springs International Airport. Exhibit "D" Schedule of Performance, is amended as follows: Term of Contract: The term of this agreement shall be one (1) year, commencing on July 1, 2002 and running through June 30, 2003. At the sole discretion of the City, this agreement may be extended for one (1) additional 1-yr period or any portion thereof. Both parties agree that there is to be no service price increase for the term of this amendment. Schedule of Services: Carpet cleaning services are to be provided in accordance with the attached. Schedule of work: Services shall be performed Sunday night/Monday morning through Thursday night/Friday morning, between the hours of 10:00 P.M. and 6:30 A.M., except as modified by the City Representative. Saturday and Sunday hours must be approved in advanced. Due to the on-going nature of Airport operations,the Contractorshall coordinate all work scheduling with the City Representative in advance. Every effort shall be made by the Contractor to perform services in terminal zones at such times as will avoid any inconvenience to Airport customers, staff and operations. Services shall not be scheduled on normal City employee holidays. Except as specifically worded herein, all terms and conditions of the Agreement shall remain in full force and effect and performance of services under the Agreement shall be governed by the provisions of the Agreement. H1USERSMPPUBLIC\Standard Service Agreements\Dupont_Amendment 2_June 2002.wpd DuPont Flooring Systems Amendment#2 Page 1 of 2 i WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS q E a municipal corporation q'. ^� City Clerk City Manager APPROVED AS TO FORM: By: City Attorney CONTRACTOR: Check one:_Individual_Partnership_Corporation Corporations require two notarized signatures: One from each of the following: A. Chairman of Board,President,or any Vice President:AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). 9 By: B J".Q' By. Signat'ree (notarized) f 'Si ature(notarized) Name:� Name: lYD�Ir��r�t➢yy � Title: V.. A Title: y.� >' ✓��L�rn�1Er ' State of �'-�JCo w. tL State of County of of Iss County of Iss On&G/CLyeforeme, � j7tC 71- - o'� , t;�-z_ On l< before me, r r J ✓ / personally appeared 1 Gc;e6 '-i (F�z^= �­''�-- personally appeared �'�•%"'r-� i-�%�"�-"✓ice- • personally known to me(or proved to me on the basis of satisfactory personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me thathe/she/they executed within instrumentand acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by the same in his/her/their authorized capacity(ies), and that by his/her/theirsignature(s)on the instrumentthe person(s),or the entity his/her/theirsignature(s)on the instrumentthe person(s),orthe entity upon behalf of which the person(s)acted,executed the instrument. upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: A. f•. IN if ds'uP4M. i209423 to . . COMM 1209423 ",ram il 'o-FAP,YPUBLIC-CALIFORNI.A �?NO VARY PUBLIC-CALIFORNIA !` 4i,F L, LOG ANGELES COUNTY F w m LOS ANGELES COUNTY Lamm 4MY. .6 e( Ires Feb.2 200d�T.FYrires Feh.29.2003r- - I 1 • Dupont Flooring Systems Airport Carpet Cleaning AGREEMENT #4244 M06551, 7-19-00 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT For Carpet Cleaning Services at the Palm Springs International Airport THIS C(JNTRACT ER ICES AGREEMENT (herein "Agreement"), is made and entered into this day of ✓ 2000, by and between the CITY OF PALM SPRINGS, a municipa corp Lion, (herein "City") and Dupont Flooring Systems (herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits Fees and Assessments. 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. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments,taxes penalties or interest levied, assessed or imposed against City hereunder. 1.5 FamiliaritV with Work. By executing this Contract, Contractor warrants that Contractor(a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. FS2/276/099999-3000/2160694 2 6/14/96 Rev"cd 09/01/99 t 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers,documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or $25,000; whichever is less, or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of thirty-one thousand eight hundred thirty-six dollars ($31,836.00) (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first (1 st) working day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated FS2/276/099999-30002160684 2 6114/96 RCVIud.09/01/98 2 • thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit"D", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively 3.3 Force Majeure. The time period(s)specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes,floods, epidemics, quarantine restrictions, riots, strikes,freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10)days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1)year from the date hereof, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: John Hodgson It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the FS2/2761099999-3000/2160684 2 6/14/96 Rcv..d 09/01/98 3 Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 4.4 Independent Contractor. Neither the 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 herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor 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. 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. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5 1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Comprehensive General Liability Insurance A policy of comprehensive general liability insurance written on a per occurrence basis. The policy of insurance shall be in an amount not less than either (i) a combined single limit of $1,000,000 for bodily injury, death and property damage or(ii) bodily injury limits of$500,000 per person, $1,000,000 per occurrence and $1,000,000 products and completed operations and property damage limits of $500,000 per occurrence. If the Contract Sum is greater than $100,000. the policy of insurance shall be in an amount not less than $5,000,000 combined single limit. FS21276/099999-300012160694 2 6/14/96 Revised 09/01/98 4 (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Contractor and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of$500,000 per person and$1,000,000 per occurrence and property damage liability limits of $250,000 per occurrence and $500,000 in the aggregate or (ii) combined single limit liability of$1,000,000. Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Policies of such other insurance, including professional liability insurance, as may be required in the Special Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds, except that the City shall not be named as an additional insured for the Worker's Compensation Insurance nor the Professional Liability Insurance. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are canceled, the Contractor shall, priorto the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. All certificates shall name the City as additional insured (providing the appropriate endorsement), be signed by an authorized agent of the insurer, and shall contain the following "cancellation" notice: "CANCELLATION: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company shall mail an advance 30-day written notice to the Certificate holder named herein." The Contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or persons for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1. 5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein"claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, FS2276/099999-30W2160684.2 6/14196 Revised 09/01/98 5 its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractorwill promptly pay anyjudgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder, and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City,its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City Manager or designee of the City ("City Manager") due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Manager to the City Council of City within ten (10)days of receipt of notice from the City Manager. 6.0 REPORTS AND RECORDS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance,technique or event and the estimated increased or decreased cost related thereto and, if Contractor is FS21276/0999W-M/2160684.2 6/14/96 Rc .d.09/01/98 6 providing design services,the estimated increased or decreased cost estimate for the project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to 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 times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6.4 Release of Documents. The 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. 7.0 ENFORCEMENT OF AGREEMENT 7.1 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. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be FS2276/099999-30002160684.2 6114/96 Rc,,s,d:09/01/98 7 liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 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 and 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. 7.6 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 declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of ($_N/A_) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit "D"). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration Of Term. This Section shall govern any termination of this Agreement except as specifically provided in thefollowing Section fortermination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time upon, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the FS212761099999-3"/2160684 2 6/14196 Revs d 09/01/98 8 provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action,taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under orthrough them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, consent, approval, or communication 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 prepaid,first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two(72)hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. F82R/96I099999J000128160684 2 6/14196 Rc11110 09/01/98 9 9.3 Integration;Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability. 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 a 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 are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Corporate Authority. The persons executing this Agreement 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 Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. (Signatures on next page) FS2M61099999-300012160604 2 61141% Rcviscd 09/01/98 10 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS, a municipal corporation ATTE� By:h City Manage @i Clerk (Check one: Individual — Partnership _ Corporation) APPROVED AS TO FORM: CONTRACTOR: City, ttor ey By: O,L/- g ature —Al Print Name & Title griature Print Name & Title Mailing Address: DY Tii"iII CI"s"up tlyu P,!JV'v m (Corporations require two signatures One from each of �, the following A. Chairman of Board, President, any Vice President. AND B Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer) FS21276/099999-3000R160684 2 6/14196 Re,i,cd 09/01/98 1 1 CALIFORNIA ALL•PURP09E ACKNOWLEDGMENT • I , I l State of lI County of ���� I / I before me, � I I' Do N e and Tile of icer(e g.,"Jane Doe,Notary ublic") I personally appea ;2� �� N e(s)at Signegs) ' P-p-ersonally known to me—OR—❑proved to me on th basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, " MARLENE KADLEC executed the instrument. o COMM.@ 1152191 _I — NOTARY RaIC-CALIFORNIA o WITNESS my hand and official seal. %. Los AWELEs c wNn f My Comm. Fop.A6p. 18,2001 Signature of Notary Public I OPTIONA Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent ) I fraudulent removal and reattachment of this form to another document. I Description of Attached Document , Title or Type of Document: Document Date: Number of ?ages: Signer(s) Other Than Named Above: I ) Capacity(ies) Claimed by Signer ) I Signer's Name: Signer's Name: 1—t idual ❑ Individual ) ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): I' ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney in-Fact ❑ Trustee El Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here I I I' Siciner Is7Rresenting: Signer Is Representing: I I I 0 1995 National Notary A n oclotean•62m Remmal Ave,PC Box 71M.Canoga Park,CA 91309-7184 PraC No.5007 Raofder:Call Toll-Free 1-a00-876.6827 EXHIBIT "A" SCOPE OF SERVICES Scope of Work: The Scope of Work consists of furnishing all equipment, materials,supplies, labor and service necessary to provide a carpet maintenance program in designated areas of the Palm Springs International Airport (Airport) in accordance with the Dupont's Service Visit Program and at the specified service frequencies. Maintenance Frequencies: Service frequencies for the carpet maintenance program are determined by zone definition (based on expected traffic) and season definition (based on the seasonality of operational activity at the Airport). Services are to be provided in accordance with the schedule in Exhibit "D". Zone Definition/Maintenance Program Coverage: The carpeted areas at the Airport have been characterized into three (3)zones based on expected traffic. These zones are: high, medium and low traffic areas and are graphically identified on Attachment"B" (High = Red, Medium = Blue, and Low = Green). The carpet maintenance program shall cover the high- and medium-traffic areas (red and blue areas). Low-traffic areas (green) will be maintained by City staff. Service Visit Specifications: Each service visit shall consist of the following: - cleaning of a minimum of 5,000 square feet; - pre-vacuuming of all areas to be cleaned; - application of DuPont's patented low-moisture soil encapsulating cleaning solutions; - hot water extraction where necessary; - post-spotting where necessary. All services shall be performed to the satisfaction of the Airport Maintenance Superintendent. Secured Access to Work Areas: The areas in which work is to be performed are considered secure areas in accordance with Federal Aviation Administration security guidelines. The contractor to whom award is made must comply with all of the following security-related procedures/conditions: Employment History - Prior to commencement of the Services of the Contract, the successful Contractor will be required to submit a letter authorizing an individual(s) to approve the issuance of security badges. The letter shall also certify that each applicant for a security badge has satisfactorily undergone a review covering the past ten (10) years of employment history and verification of the five (5) years preceding the date the access investigation is initiated in accordance with all applicable provisions of Federal Aviation Regulations 107.31 and 108.33. Employment history verification records must be made available to the City or the Federal Aviation Administration immediately upon request. Employee Security Badges - All Contractor personnel who require access to certain secured areas of the Airport must obtain, and conspicuously display on their person at all times when they are within these areas, an Airport issued security identification badge. The appropriate badge may be obtained at the Airport Operations Center located in the terminal building. A $50.00 deposit is required for each badge, of which $40.00 is refunded upon surrender of all badges to the Airport at the completion of the Contract. In order to obtain a security identification badge, each Contractor employee must have satisfactorily undergone the aforementioned access investigation and successfully completed a required EXHIBIT"A" TO CONTRACT SERVICES AGREEMENT FS21276/099999d00012160684 2 6/14/96 Revised 09/01/98 12 1'/z hour training class on airport security. Attendance of the class and subsequent issuance of the security identification badge may take longer than 2 hours per person. Site Access - Access to certain areas of the air carrier ramp for carpet maintenance purposes will be through Perimeter Gate 10, unless otherwise arranged with the CITY Representative. Access to these areas, or any Security Information Display Area (SIDA) will be permitted only for SIDA badged CONTRACTOR personnel, or for CONTRACTOR personnel under escort by an SIDA badged CONTRACTOR employee. No deviations from any security measure will be allowed at any time. Vehicles and Equipment - All licensed vehicles operated on the Airport property are required to have conspicuously displayed in the windshield a vehicle permit issued by Airport personnel. This vehicle permit shall hold the CONTRACTOR responsible for both the vehicle and all personnel within the vehicle while on Airport property. Identification - Each employee required to obtain SIDA access, through the Security provisions in these specifications, shall at all times display on their person the SIDA access badge while in the secure area. Additionally, identifying company shirts/uniforms shall be worn by each employee while on the Airport premises. Conduct: All employees, representatives and officials shall be expected to maintain excellent relations with the public, City officials and employees. Any display of offensive, discourteous or rude behavior by any representative of the Contractor may be cause for contract termination. Use of alcoholic beverages by Contractor representatives is prohibited, and representatives are prohibited from being on the premises under the influence of alcohol or any other substances. EXHIBIT"A" TO CONTRACT SERVICES AGREEMENT FS21276/099999-3000/2160684.2 6/14/96 R"'I'd 09/01/98 13 EXHIBIT "B" SPECIAL REQUIREMENTS Performance Bond: The requirements of Section 5.3 for provision of a Performance Bond are deleted. EXHIBIT"B" TO CONTRACT SERVICES AGREEMENT FS2' 276/099999-I000/2IW694 2 6/14/96 R',.d 09/01/99 14 EXHIBIT "C" SCHEDULE OF COMPENSATION Contractor shall be compensated at the unit rate of two thousand six hundred fifty three dollars ($2,653.00) per month. EXHIBIT"C" TO CONTRACT SERVICES AGREEMENT f52/276/099999-3000/2160684 2 6/14/96 Rev"ed 09/01/98 15 EXHIBIT "D" SCHEDULE OF PERFORMANCE Term of Contract: The term of this agreement shall be one (1) year, commencing on August 1, 2000 and running through July 31, 2001. At the sole discretion of the City, this agreement may be extended for two (2) additional 1-yr periods or any portion thereof. If the City exercises its option to extend, the unit price for service shall be adjusted (increased or decreased) in accordance with changes to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureau of Labor Statistics for the Los Angeles, Anaheim and Riverside Areas. Schedule of Services: Carpet cleaning services are to be provided in accordance with the following schedule: August 2000 7 - Maintain Red in Ticketing & Security Area 14 - Maintain Red in Baggage Claim & Spot Clean as Necessary 15 - Maintain Red in North/South Holdrooms & Red in Commuter Hold area 21 - Maintain Blue in Baggage Claim & Spot Clean as necessary 28 - Maintain '1/2 of Red in New Concourse and Spot Clean as necessary 29 - Maintain '/ of Red in New Concourse & Spot Clean as necessary September 2000 4 - Maintain Red in Baggage Claim & Spot Clean as necessary 11 - Maintain Red in Ticketing & Security Checkpoint 18 - Maintain '/z of Red in New Concourse & Spot Clean as necessary 19 - Maintain Yz of Red in New Concourse & Spot Clean as necessary 25 - Maintain Red in North/South Holdrooms & Red in Commuter Hold area October 2000 2 - Maintain Red in Baggage Claim & Spot Clean as necessary 9 - Maintain Red in Ticketing & Security Checkpoint 16 - Maintain Yz of Red in New Concourse & Spot Clean as necessary 17 - Maintain '/ of Red in New Concourse & Spot Clean as necessary 23 - Maintain Blue in Baggage Claim & Spot Clean as necessary 30 - Maintain Red in North/South Holdrooms & Red in Commuter Hold area November 2000 1 - Maintain Red in Baggage Claim & Spot Clean as necessary 2 - Maintain Red in Ticketing & Security Checkpoint 6 - Maintain Red in North/South Holdrooms & Blue in Baggage Claim Areas 13 - Maintain '/z of Red in New Concourse & Red in Commuter Hold Areas 14 - Maintain Y2 of Red in New Concourse & Spot Clean as necessary 20 - Maintain Red in Baggage Claim & Spot Clean as necessary 27 - Maintain '/ of Red in New Concourse & Spot Clean as necessary 28 - Maintain ''/z of Red in New Concourse & Red in Commuter Hold Areas EXHIBIT"Y TO CONTRACT SERVICES AGREEMENT FS21276/099999-30 12160684 2 6/14196 Re 's d 09/01/99 16 December 2000 4 - Maintain Red in Baggage Claim & '/2 of Blue in Baggage Claim 5 - Maintain Red in Ticketing & Security Checkpoint and of Blue in Baggage Claim 11 - Maintain ''/2 of Red in New Concourse & '/z of Red in North/South Holdrooms 12 - Maintain '/ of Red in New Concourse & '/ of Red in North/South Holdrooms 18 - Maintain Red in Baggage Claim & Red in Commuter Hold areas 19 - Maintain Red in Ticketing & Security Checkpoint 27 - Maintain '/2 of Red in New Concourse & Spot Clean as necessary 28 - Maintain Y of Red in New Concourse & Red in Commuter Hold area January 2001 2 - Maintain Red in Baggage Claim & Spot Clean as necessary 8 - Maintain Red in Ticketing & Security Checkpoint 9 - Maintain Blue in Baggage Claim & Spot Clean as necessary 15 - Maintain '/ of Red in New Concourse & Spot Clean as necessary 16 - Maintain '/2 of Red in New Concourse & Spot Clean as necessary 22 - Maintain Red in Ticketing & Security Checkpoint 23 - Maintain Red in Baggage Claim & Spot Clean as necessary 29 - Maintain '/2 of Red in New Concourse & Spot Clean as necessary 30 - Maintain '/2 of Red in New Concourse & Red in Commuter Hold Areas February 2001 5 - Maintain Red in Baggage Claim & '/ of Blue in Baggage Claim 6 - Maintain Red in Ticketing & Security Checkpoint & '/z of Blue in Baggage Claim 12 - Maintain '/ of Red in New Concourse & Red in Commuter Hold Areas 13 - Maintain '/2 of Red in New Concourse & Spot Clean as necessary 19 - Maintain Red in Baggage Claim & '/z of Blue in Baggage Claim 20 - Maintain Red in Ticketing & Security Checkpoint and Red in North/South Holdrooms 26 - Maintain '/2 of Red in New Concourse & Spot Clean as necessary 27 - Maintain '/2 of Red in New Concourse & Red in Commuter Hold Areas March 2001 5 - Maintain Red in Ticketing & Security Checkpoint 6 - Maintain Red in Baggage Claim & Spot Clean as necessary 12 - Maintain '/ of Red in New Concourse & Spot Clean as necessary 13 - Maintain '/2 of Red in New Concourse & Spot Clean as necessary 19 - Maintain Red in North/South Holdrooms and Red in Commuter Hold area 20 - Maintain Blue in Baggage Claim & Spot Clean as necessary 26 - Maintain Red in Baggage Claim & Spot Clean as necessary 27 - Maintain Red in Ticketing & Security Checkpoint April 2001 2 - Maintain Red in Baggage Claim & Spot Clean as necessary 3 - Maintain Red in Ticketing & Security Checkpoint 9 - Maintain Red in North/South Holdrooms and Red in Commuter Hold area 10 - Maintain '/2 of Red in New Concourse & '/ of Blue in Baggage Claim 16 - Maintain '/z of Red in New Concourse & '/z of Blue in Baggage Claim 17 - Maintain Red in North/South Holdrooms & Red in Ticketing area 23 - Maintain '/ of Red in New Concourse & Red in Commuter Hold Areas EXHIBIT"D" TO CONTRACT SERVICES AGREEMENT f-522761099999-30002160684 2 6114196 Revlmd 09/01/98 17 24 - Maintain ''/2 of Red in New Concourse & Spot Clean as necessary 30 - Maintain Red in Baggage Claim & Spot Clean as necessary May 2001 1 - Maintain Red in Baggage Claim & Spot Clean as necessary 7 - Maintain Red in Ticketing & Security Checkpoint 8 - Maintain Red in North/South Holdrooms & Red in Ticketing area 14 - Maintain '/ of Red in New Concourse & Spot Clean as necessary 15 - Maintain Yz of Red in New Concourse & Spot Clean as necessary 21 - Maintain Red in Ticketing & Security Checkpoint 22 - Maintain Blue in Baggage Claim & Spot Clean as necessary June 2001 4 - Maintain Red in Baggage Claim & Spot Clean as necessary 11 - Maintain '/z of Red in New Concourse & Spot Clean as necessary 18 - Maintain '/ of Red in New Concourse & Spot Clean as necessary 19 - Maintain Red in Ticketing and Security Checkpoint July 2001 9 - Maintain Red in Baggage Claim & Spot Clean as necessary 16 - Maintain Red in Ticketing & Security Checkpoint 23 - Maintain Y2 of Red in New Concourse & Spot Clean as necessary 24 - Maintain ''/z of Red in New Concourse & Spot Clean as necessary 30 - Maintain Red in North/South Holdrooms and Red in Commuter Hold area Schedule of work: Services shall be performed Sunday night/Monday morning through Thursday night/Friday morning, between the hours of 10:00 P.M. and 6:30 A.M., except as modified by the City Representative. Saturday and Sunday hours must be approved in advanced. Due to the on- going nature of Airport operations, the Contractorshall coordinate all work scheduling with the City Representative in advance. Every effort shall be made by the Contractor to perform services in Terminal zones at such times as will avoid any inconvenience to Airport customers, staff and operations. Services shall not be scheduled on normal City employee holidays. N iWordPerrecttAgreements%DupontCarpetMaintAgr.wpd EXHIBIT"D" TO CONTRACT SERVICES AGREEMENT PS22761099999-30002160694 2 6/14196 Revised 09101/93 18 GATE 11 GATE to PALM SPRINGS INTERNATIONAL AIRPORT -- - — ��.� GATE 8 CARPET MAINTENANCE ZONES GATE,?,) o o GATE 7�7 ,:i: • • ` _�` GATE 6 Eo o� i QED 00 i 00 uo I l „ • ;i GATE i - (( GATE 4 - i • ® r MEZZANINE LEVEL GATE G 9 GATE 2 GATES 16A& 16B GATE 14 GATE 14 GATE 12 ATES o 0 7 1 1 B GATE 2 GATE Ll GATES 15A & 15B \ 1 / GATE 13A GATE 13B • SECURITY CHECKPOINT ❑ HIGH TRAFFIC "' OQ /� ❑ MEDIUM TRAFFIC ^� O LOW TRAFFIC O / (in-house mt.) ,moo, Termmel layout carpet zones cdr090899 06/05/2001 12.56 FAX 760 318 3815 PSP INT'L ARPT • • Dupont Floorings Airport Carpet Cleaning AGREEMENT #4244 AMEND 1 M068621 6-20-01 AMENDMENT NO. 1 AGREEMENT NO. 4244, AIRPORT CARPET CLEANING SERVICES THIS FIRST AMENDMENT to Agreement No 4244 for Contract Services, (herein "Agreement") made and entered into on the i= �� ATV day of ��r?�lr� - 2001, � f -- by and between the CITY OF PALM SPRINGS (herein "City') and DuPont Floorings Systems (herein "Contractor"), (The term Contractor includes professionals performing in a consulting capacity.), is hereby effective June 6, 2001, as follows: The"Contractor"has been retained to perform carpet cleaning services forthe City of Palm Springs, Department of Aviation (AIRPORT), which operates the Palm Springs International Airport. Exhibit "D" Schedule of Performance is amended as follows: Term of Contract: The term of this agreement shall be one (1) year, commencing on July 1, 2001 and running through June 30, 2002 At the sole discretion of the City, this agreement may be extended for one (1) additional 1-yr period or any portion thereof Both parties agree that there is to be no service price increase for the term of this amendment Schedule of Services: Carpet cleaning services are to be provided in accordance with the attached. Schedule of work: Services shall be performed Sunday night/Monday morning through Thursday night/Friday morning, between the hours of 10:00 P.M. and 6:30 A.M., except as modified by the City Representative Saturday and Sunday hours must be approved in advanced. Due to the on-going nature of Airport operations,the Contractor shall coordinate all work scheduling with the City Representative in advance. Every effort shall be made by the Contractor to perform services in terminal zones at such times as will avoid any inconvenience to Airport customers, staff and operations. Services shall not be scheduled on normal City employee holidays. N lwordPerfecMgfeements117upon!_Amendmenl 1—Jone 2001 wpd DuPont Flooring Sysfcros Amendment#1 Page f of 2 06/05/2001 12.56 FAX 760 818 0815 PSP INT'L ARPT 0009 Except as specifically worded herein, all terms and conditions of the Agreement shall remain in full force and effect and performance of services under the Agreement shall be governed by the provisions of the Agreement. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above CITY OF PALM SPRINGS, a municipal corporation ATTEST. City Ma er City Clerk APPROVED AS TO FORM: (Ch ck one: — Individual _ Partnership / corporation) C ty Attorney CONTRACTOR: By: V� L (NOTARIZED) Sig ture Print Name & Title NOTARIZED By. `m (NOTARIZED) Signature Print Name & Title Mailing Address. ,P L'!�' (Corporations require two signatures:One from each of the following A Chairman of Board, President, any Vice President: AND B Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief (END OF SIGNATURES) Financial Officer). 0V IIiPJI� C, IUW(crlL Page 2 of CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I � I State of f �CC�//t/J2GC'C I / County of On Ko — before me, b I Dale Name anq Title of Officer(e.g.,'Jan oe,Nalery Public') personally appeareduv � ��?2 �� ame(s)of S,gner(s) Z15-ersonally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), MARLENE KADLEC or the entity upon behalf of which the person(s) acted, 5 COMM.i 1152191 executed the instrument. F NOTARY Pia"111.11FO A g �%• ws AWE118 CouNry WITNESS my hand and official seal. My Camm. Exp.Aug. 18,200, I L' Signature o!IJotary Puhic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document I Description of Attached Document ) Title or Type of Document: (.E'/y/Zf?ILG�//�cC�i L7t � I Document Date: Number of Pages: y Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) I I I ) Signer's Name: Signer's Name: ❑ Individual ❑ Individual LWLorporate Officer ❑ Corporate Officer Title(s): 'V- 0 . Title(s): I [IPartner—❑ Limited ElGeneral ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator a ❑ Guardian or Conservator a ❑ Other: op o thumb here I T f ❑ Other: Top of thumb here I f• I I Signer Is Representing: Signer Is Representing: I I 0 IN5 National Notary Association 1 92M Rommel Ave.,PO Bo[71M•Canoga Park,CA D1309-7184 Prod.No 5D07 Reorder.Cell Toll-Fria 1-OW-878-8827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . I ' I I - State of ] p County of � On before me, 5 Dal Name and Tile of Officer(e.g.,'Jane Doe,Nolary Public') personally appearedY� � � ?e— mr*)of Slgner(a)❑°'personally known toOR—❑proved to�me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the l same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), " or the entity upon behalf of which the person(s) acted, 7 MARLENE KADLEC executed the instrument. w C0fu1M. 1152191 =1 a ;�:. NOTAPY Pt18LNSCA1.1F0111M I.iti ,a ;%- ws AWELEB COMM WITNESS my hand and official seal. My Comm. Exp.Aug.1E,2001 I Signature of Nolary Publm OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. - ' Description of Attached Document ~ Title or Type of Document: ���%/,�/( 1�2fi/1�) ` Document Date: Number of Pages: k Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ? ❑ Trustee ❑ Trustee ❑ Guardian r Conservator ❑ Guardian or Conservator L7 Viher: / Top of thumb here ❑ Other: Top of thumb here I ) I I Si 1ner Is Representingg:: Signer Is Representing: i 0 1905 Netb,ul Notary Aewclellon•112W Rearmed Ave.,P.O.Box ItM•Canoga Park,CA 91309 71" Procl No.5907 Reorder;Cell Toll-Free 1-800470.1392/ 06/05/2001 12:56 FAX 760 318 3815 PSP INT'L ARPT 121004 May 13 01 02: 02p Pont Flooring Systems �7BS6369 p• 1 July 2001 - June 2002 DuPont Carpet Maintenance Yearly Planner for Palm Springs Airport July aI July October Iunuary02 5 M� 7 W T F 5 9 Maintain Red in Baggage Maintain ped Baggeg0 5 M C W 7 F 5 12 a s 10 11 la 13 14 Claim Areas&Spot Clean Claim Are&Spot Clean 6git s 10 11 I2 Is 7 1a 19 20 21 m neress2". a5 noc tssary. 13116 19 19 19 125 M 21 :8 20 n 24 2sav 0 31 16 Maintain Red in Ticketing 8 Maintain Red in Ticketing 21 = 3D 51 &Security Checkpoint &Smurity Checkpoint- 23 Maintam 112 of Red m New 15 Maintain All of Red in New Concourse Areas&Sry)l Conemnso Areas&Spot August 01 Clean as necessary. Clean as necessary, Fullruary 02 S M T W T F S S M_7 w T F s Maintain In of Red in New 22 Maintain Blue Baggage 1 2 5 b t o 9 Io t 1 24 Coneoure Areas&S t Claim ants and Spot 3 ^ 6 7 e s 12 11 la n la po po 10 1 i�17 19 15 16 19 al 22 23 24 25 Clean as necessary. Clean as necessary. 12 °i' 20 21 22 23 26 z 2E 29 30 !1 24 26 30 Maintain Red in Common 29 Maintain Red in NIS Hold Hold and Rod in NIS and Red in Common Hold Hold Areas. SeptrJnxrol August November March02 3 M T W T F 5 6 Maintain Red m Baggage 5 Maintain Red in Baggage 9 M Y W r I; S 4 s 6 2 s Claim&Spot Clean as Claim Atra:6&Spot Clean 0 i 6 9 y D 4 II 12 19 11 11 10 wJ 1] la IS I6 16 19 19 zD 21 2' nrcessary' e9 necessary' 11 l: .D 21 II 23 21 Q 23 26 27 26 29 24 1 21 26 29 3D 3D 13 Maintain Red in Ticketng 6 Maintain Red to Ticketing 31 &Security Checkpoint. &Security Checkpoint Areas. 14 Maintain Red in NUS Hold and Red in Common Hold i Z Maintain 1/2 of Rod in New Ootobcr 01 Area4. Concourse Areas&Spot April 02 S M T W T F S Clean as neccssmy. S M T W T F S 2 1 4 5 6 20 Maintain Blue Baggage t 3 4 s 6 7 9 to 11 tx tx Claim Ate"&S t Clean Main y • Cl 10 11 12 13 la 16 13 1a 14 2(' Po 13 iota lf1 of Red in New In 15 15 n 1■ l9 as ±I 23 24 25 26 2. as necessay. Concoursereas A &Red 2t xa 24 25 26 21 29 30 m m Common Hold Arras. Z7 Maintain All of Red in New Concourse Arran and 19 Maintain Red in NIS Hold Spot Clean as necessary &Floc in Baggage Gaon Ar . Nowmbaral September Nay 02 5 M T W T F 5 3 Maintain Red in Baggage 20 Maintain Claim ARed Balma g,&Sgnge S M T W T F S 1 : s 1 o Claim @SPor Clean as pot Clean 1 a 3 4 s a 9 10 n 11 z 19 11 16 14 neck&". as necessary. 11 1�1 15 ]6 19 19 It _I '1 23 2n 19 0 it n 23 2n 25 21 v ze 24 10 10 Maintain Rcd in Ticketing 26 Maintain 112 of Red in New 26 2e v 30 31 &Seet;rny Checkpoim. Concourse Areas&$ul in Commoa}fold Ar ,. 17 Maintain All of Red in New Maintain Red in Ticketing Cnra: u=Areas&Spot &Seettr ty Checkpoint December OI Clean as necessary. Areas. bins 02 5 M T W T F 5 S M T W T F S 24 Maintam Red in NIS Hold 27 Mame"" I/2 of Iced in New 1 x 1 5 6 1 a 9 ti 13 In las Area and Red in Common Concourse Arras&Spot e u 13 14 15 16 19 20 21 a Hold Area Clout as necessary. 1a<�tf,-0: 19 w 1 n u 2a 2t �a 39 23 U 25 25 P U 29 !0 31 M Hinted by Calendar Creator for Windows on 05/09/2001 00/05/2001 12:57 FAX 760 318 0815 PSP INT'L ARPT 48 005 Mau 13 01 ❑e: o2p or Pont Flooring Systems 10 07956369 p. 2 July 2001 - June 2002 DuPont Carpet Maintenance Yearly Planner for Palm Springs Airport July 01 December January ,nLF S M T W T F S Maintain Red m B ,, S M ' F S 1 2 3 + s s ] 3 aggag' 22 Mainuun Red in Ticketing I 9 5 0 to I1 12 13 19 Claim Areas&12 of Blue and Security Checkpointe Irt tz 22 it 16 19 20 21 in Baggage Claim. 19 ;1le l9 ss 0 v zs 2c 2] 22 23 aauuuein 73ag6agcz1 � s xc,4Maintain Real in Ticketing&. Claim Areas&Spot Cleann�2 Seceaity Checkpoint and as ueov6 . 12 of Blue in Baggaga claim. 29 Mammin All of Rolm new Augum 01 C ricoutse Amu$Spot S M T W T F S 10 Maintain la of Red in New Clean as necessary. Fcllruary 02 1 z 3 9 Concourse Areas&12 of S M T W T F S 5 a l a 9 l0 11 Red inN/S Hold. February l tx s ,a n 1a 3 n 67 e 9 )9 2 .z 13 2n xs Mwntt1in 120fRod in New 4 Maintain Red is Baggage to 1 13 a 1s I4 xb 25 29 30 31 11 Chdm Areas&12 of Bluc Il f� 20 21 22 2) Concourse Areas&I i2 of in Baggage Claim Al... ie u� 27 211 Red in NIS Hold, 17 Maintain Real in Baggage 5 Maintain Red in Tickoting Claim&Rel in Conutlon &Security Checkpoint s Mtcmbar 01 Area and Red in N/S Mach o2 T W T F S Hold Areas. Hold. S M 7 W T F S Mainlam Rod in Tickclin 'TT 9 t 1 iz 15 li is 15 and Spot Clean as 11 Maintain l2 of Rot in new 3 a 1 a a IG la W 20 21 23 COIICOWSC Areas&Red 10 I3 19 15 16 w u Ia z7 2a Ie� ne�'9>,ry. in Common Hold Arras, 2 Mel 2l is is 30 24 Muimum 12 of Rod in New Mainta n]2 of Red in New r Concourse Areas&Spot 12 Concourse Aieae&Spot Clean as necessary_ Clem as necessaty. October 01 25 Maintain 12 of Red in New Maintain Red in Baggage April S M T W T F S Concourse Arms BeRtd 1 g Claim Arcs&12 of Blue S M 1' W T F S to Common Hold ]1 3 55 5 l 1 9 10 11 12 13 in Baggage Claim Alen, l �i 1D 11 1Z 19 14 16 IT la 19 20 January I• ni I] to 19 20 21 _ x3 za z5 x0 r ry Maintain Rod m T' .. as 30 31 1 Maintain Red in Baggage 19 &Security Chxkpmkoul a 29 yd)z9 ss ae n Claim&Spot Clean a<s Areas and Red in N/S necessary. Hold Area 7 Maintain Rod in Ticketing 25 Maintain 12 of Red in New Nowmberol &Security Checkperinl Concourse Arm&Spot May O2 S M T W T F S Ateas. Chan as necessay. Sj 'f W T F S 1-- —_ 5 2 3 9 9 a ] e 9 10 $ Maintain 141rc Baggage 26 Maintain 12 of Red in New sl e 9 l0 11 II ) 19 IS 16 1] 1219 IS 1a 7l 1ae 9 21 a z) x9 Claim areas&Spot Chart Concourse Area&.Rod in 19 21 2z 23 x9 zsz23 29 30 as aeox5my. Common Hold Ar4. 26 21 zf 30 3t 14 Mainuun Red in Common March Hold Areas; in Hold Area. &Rod N/8 4 Maintain Rcd in Ticketing Poeembar Ol &Security Checkpoint, S M T W T F S 15 Mamtaio All ufRcd in New Jaw 02 -� Concourse Areas&Saul S Maintain Red in Baggage S M T_ W T F S z 5 6 ] 2 Claim Alta&Spot Cl an 9 12 13 19 15 Clean eS nCA eas 2 9 5 6 7 1 16 ]9 20 21 z2 a9 necessary. 9 12 13 Id is 2] 26 2l Za 29 16�TI.W t9 ]a 21 n 30 31 23 29 2s 2a 21 2a 29 30 Printed by Calendar Creator for Windows on 05/09/2001 06/05/2001 12:57 FAX 760 318 0815 PSP INT'L ARPT 0 006 Maw 13 01 ❑8=03P Pont Flooring Systems 08785S365 P• 3 July 2001 - June 2002 DuPont Carpet Maintenance Yearly Planner for Palm Springs Airport Julrol March April Jaaunty02 S M T W T F S S M "f W T F S t 2 3 a a ]1 Mainsaln!2 of Red in New 30 114ainlaitr Red in Bagg+tga --� a . + s 1 l0 11 12 13 11 Concourse Areas&Spot Claim Area and Spo2 s r 9 to I I tz is t2 la t9 20 a Clean aslleeessmy. Clean asnecerwry. l2 u J I6 Ir is la zz zs ss at 2s m x f 27 :.a ss 2s s9 a sI 12 Maintain 112 of Red in New May Cormoutse Amva&.Spot Maintain Red inBaggago Clean a4 accessary. 6 Claim Areas&Spot Clean 18 Mairmin Red in Common as nacees uy. August o1 Hold Areas&Red in NIN Fritrunry 02 S M T W T F S Hold Areas. 13 Maintain Red is Ticketing S M 7" W T P S &Secorily Cbxkpoint 1 2 5 7 a 9 10 11 3 + 6 s a 9 la IS 16 I) IS Maintain Blue n Baggagc 10 13 lA IS 16 19 Maintain 12 of Red in New Iv 2t 21 29 2a 25 Claim Aaeav and Spot 20 Concourse Areas&Spot 17 a �� 20 21 22 T1 26 ?P 29 30 91 Onan aS necc wuy. 2+ ui 47 a6 Clean as necessary" 25 Mainan Red in Baggage Claim&Spa!Clean as 27 Maintain All of Red in New Concourse Areas&Spot °t iuy.' Clean as necessary, September O! btueh o2 S M T W T F S 26 Maintain RedmTicketing June S M T W TJFSz + s3 e &Sectmty Checkpomt. 3 Maintain Red in B e ' flk) 6 29(�¢;11 12 13 1+ 15 »g In 13 1+16 19 19 20 21 21 April Claim&.9Pot Clean ets 1> 77)20 21 232 21 26 21 :d 29 p 2+ 5)T+ 28 30 1 Maintain Red in Haggosc naessery ]1 Claim�y&Spot Clean 1O Maintain Red Ticketing &Security Checkpoint Z Maintain Red in Picketing Areas. Ocmbar(Il &Security Checkpoint. Maintain 1tL of Red in New Aoril 02 S M T W T F S 17 S M T W T F S Maintain 12 of Read in New Concourse Arras&Rr� 2 4 $ b 1 1 a b 6 1 9 10 11 t2 73 8 Caaeoursa Areas&12 of m Common Hold Areas. 7 ci )0 11 12 13 la 6 16 12 18 19 20 14 11, 10 IS 19 20 zl v s 26 21Blue in Baggage Clam 21 13 2625 26 21 l 28 24 30 31 Areas. 18 Maintain 1/2 of Red m New a w u h Concourse Areas. Spot 9 Mairastia 12 of Red in New Cleat as necessity. Concourse Arm&12 ttI Blue in Baggage Clain November Ol Area. b1ry 02 S M T W T F S S M T W T F S 1 1S Ma1Nma Red u1 Cntluaort 1 2 3 a 9 t 8 9 10 6 6 r e 9 10 Il u 3 14 is 16 tt Hold Areas&Red in N/S 12 l+ a Is n Is la o zl zi v 2n Hold Areas. t9 21 2z D 2+ zs 2s 2a 29 30 26 2a 22 10 S1 Maintain intain Red in141SHeld Arms&Rcd in Ticketing Z9 Maintain All of Red in New Dsemher Ol Concourse Areas&$pot -Ja.02 S M T W T F S Clean as necessary, S M T_W JFS 199 19 13 21 L 19 C�1�r1p�r i9 +_ 22 Xt 26 21 Ia 29 23 21 25 2a 1 30 31 30 Paittted by Calendar Creator fpr Windows on 05/09/2001 ACCORD- CERTIFICATE OF LIABILITY INSURANCE Date 12/07/00 #166 PRODUCER Marsh USA Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 1166 Avenue Of the Americas-5d'Fl. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE BOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR New York,NY 10036-2774 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone No. 212-345-7459 Fax No. 212-345-4853 COMPANIES AFFORDING.COVERAGE INSURED COMPANYA LUMBERMENS MUTUAL CASUALTY CONIl'AN] DuPont Commercial Flooring Systems COMPANYB 15651 Saticoy Street COMPANY Van Nuys,Ca 91406 COMPANYD f Phone No. 818)374-5237 Fax No. 818 779-1504 COVERAGES THIS IS TO CERTIFY T14AT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FORTHE 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 TIM POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCHPOLICIES. LIMITS SHOWNMAY14AVE BEEN REDUCED BY PAID CLAIMS GO TYPE OF INSURANCE POLICY NUMBER - POLICY - POLICY - -LIMITS - - LTR EFFECTIVE EXPIRATION - - _ - DATE DATE GENERAL LIABILITY GENERAL AGGREGATE $5,000,000 A X COMMERCIAL GENERAL LIABILITY 5YL945444-02 01/01/2000 01/01/2001 PRODUCTS-COMP/OP AUG $5,000,000 CLAIMSMADE M OCCUR PERSONAL&ADV. INJURY $5,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $5,000.000 FIRE DAMAGE(Any one fire) $ 100,000 MED ESP(Any ono mon) $ 10,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $2 000,000 A X ANY AUTO F5B003961-02 01/01/2000 01/01/2001 ALL OWNED AUTOS 5ZL 945444-02 01/01/2000 01/01/2001 BODILY INJURY(Pet mon) S SCHEDULEDAUTOS F51)006919-00 01/01/2000 01/01/2001 HIRED AUTOS X3P 018783-11 01/01/2000 01/01/2001 PEOPERTYDAMAGE $ NON-OWNED AUTOS F51)006 101-03 01/01/2000 01/01/2001 GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY. $ EACH ACCIDENT $ AGGREGATE S WORKERS'COMPENSATION AND mac- ' -OTH- EMPLOYER'SLIABILITY TORY LBvB'CS ER A THE PROPRIETOR/ 5CL945444-10 01/01/2000 01/01/2001 EL EACH ACCIDENT $1,000,000 PARTNERS/EXECUTIVE INCL 5BA038393-05 01/01/2000 01/01/2001 EL DISEASE-POLICY LIMIT $1,000,000 OFFICERS ARE' EXCL 5CL 947509-08 01/01/2000 01/01/2001 EL DISEASE-EA EMPLOYEE $1,000,000 OTHER A STORED MATERIALS 5W, 814471 -00 01/01/2000 01/01/2001 $ 500,000 Wherever Located DESCRB'TLON OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS ALL OPERATIONS COVERING TILE BUSINESS OF THE INSURED.THE CERTIFICATE HOLDER BELOW CITY OF PALM SPRINGS/AIRPORT,ITS OFFICERS,AGENTS,DIRECTORS& EMPLOYEES IS NAMED AS AN ADDITIONAL INSURED AS RESPECTS TBE CONTRACT WITH DUPONT FLOORING SYSTEMS,INC.PER THE ATTACHED FORM.AUTO PHYSICAL DAMAGE IS SELF-INSURED.COVERAGE UNDER SUCH SHALL RE PRIMARY WITH CITY OF PALM SPRINGS/AIRPORT INSURANCE POLICIES BEING EXCESS OVER THE SUBCONTRACTOR'S COVERAGE. ALL OPERATIONS CERTIFICATE HOLDER CANCELLATION CITY OF PALM SPRINGS/AIRPORT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE 3400 E TAFIQUITZ CANYON WAY EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 PALM SPRINGS,CA 92262 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITSAGE_NTS OR REPRESE,NTATNES. AUTHORIZED REPRESENTATIVE � ��'?:'L,. /