HomeMy WebLinkAbout04226 - DESERT JANITOR PARK RESTROOM MO 6621 pALM SA City of Palm Springs
Office of the City Clerk
(760) 323-8204
V �
• MEMORANDUM
? o•AOAATIO�
C`'1tIFORN\*
Date: May 19, 2003
To: Parks, Recreation & Facilities
From: City Clerk
AGREEMENT #4226 — Desert Janitor Co.
Please let us know the status of the above agreement, and if it may be closed.
Termination Date of Agreement: Terminated by City 01-12-03
STATUS:
COMPLETED:
REMAIN OPEN UNTIL:
Date & Initials
CLOSE AGR_. .. C_ ;.�__ - C r t <
Signature
PLEASE RETURN TO THE OFFICE OF THE CITY CLERK
c-clk\forms.std\agr-cl se.mem
Desert Janitor
Parks Restroomi Maint Svcs
n P ENT NO. 1 M A INT EN N T SE 49 AGREEMENT #4226 AMEND �1
FOR P.4P,K5 RESTROOM MAINTENANCE SER\."CEt M06783, 1-17-01
THIS FIRST AMENDMENT TO THE CONTRACT SERVICES AGREEMENT (herein "First
Amendment"), made and entered into on the-1 7 day of January, 2001, by the City of Palm
Springs (herein "City"), a municipal corporation, and Desert Janitor Company, Palm Springs, CA
(herein"Contractor"),amends that certain Contract Services Agreement dated May 17, 2000(herein
"Agreement") by and between the same parties.
1. Section 2 1, Contract Sum The Contract Sum is increased from $41,586,35 per year to
$55,462.85 per year
2 Exhibit A, "Scope of Services," shall be amended to add
.0 The following task shall be completed every Friday, Saturday and Sunday during the
hours of 4 00 p.m and 8:00 p.m
1. Provide transportation,materials,and labor(consisting of a minimum two-man crew)
to empty City trash cans along Palm Canyon Drive between Ale10 Road and Ramon
Road and certain portions along Indian Canyon Drive and Belardo Road."
IN WITNESS WHEREOF,the parties have executed and entered into this First Amendment as of the
date stated above
ATTEST CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City Manager
APPROVED AS TO FORM CONTRACT
r'-`� BY
12-4
City Att Des anitor Campany
APPPROVED AS TO FORM
City Attorney _ CllfoPRUVED BY V u LE 077 CSUK,07L
Oesert Sauitor Company
es"l Restroom Sanitorial Svc
GRBEt'II's ;4226
M06621, 5-17-00
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT FOR
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into
this Ltd-day of� 2000, by and between the CITY OF PALM SPRINGS, a
municipal corporation, (he ' tty' and Desert Janitor Company, Palm Springs, CA (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 Comnliance 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 Familiarity 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, J
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 inuuediately inform the City of such fact and shall
not proceed except at Contractor's risk until written instructions are received from the Contract Officer.
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.
12q,PIn/u99992eMM 160684]W1096 1
Rwircd Ov/0II9A
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 tie event of a conflict between tie 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 forty-one thousand and six hundred eighty-six dollars and eighty-five cents (S41, 686.85) (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 Pavment. 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 (1st) 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 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)
pS ''%/09999'1-I0001''160OH4'_4/14MC,
Rwma1 0910119s 2
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
perfortnance 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 die 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 P. LANDS, President
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 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 tie 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
F52/2761019999-)009a 160684 2 6/11/95 3
1.11 19101/92
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 S1,000,000 for bodily injury, death and property damage
or (ii) bodily injury limits of S500,000 per person, $1,000,000 per occurrence and $1,000,000 products
and completed operations and property damage limits of S500,000 per occurrence. If the Contract Sum
is greater dean$100,000, the policy of insurance shall be in an amount not less than S5,000,000 combined
single limit.
(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 pet 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.
rS212761099999•300012MUI 2 6/14196 4
2evred Ovlull9e
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, prior to 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 flee 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, 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 die 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) Contractor will promptly pay any judgment 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.
FS2127 610 999 9 9-30 00/21G0684 2 GI19P96 5
Revised MOM
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 bands 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 V11 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 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 small 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.
FS'/276/099999-3000P.I606Aa,'.ei 14196 G
Revised 09IOII93
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 parry in writing of its contentions by submitting a claim therefor. The
injured party shall continue performing its obligations hereunder so long as the injuring parry 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 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.
7A 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
patty'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 tlhe 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 See Exhibit "B" ($ )as liquidated damages for each working day
of delay in the performance of any service required hereunder, as specified in the Schedule of Performance
FSM761099999-2000I216066A 2 n11419c 7
Bc�iec� aura ll9tl
(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 the following Section for termination 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 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 or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of race, color, creed,
fS+IM99999-]0001216069A 2 6114196 8
RrnvJ MOOR
• i
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-0. 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.
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)
p$abte1019999-]0001116069416/14/96 9
2,v,s d 09/01/98
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date first written above.
CITY OF PALM SPRINGS,
ATTF T: a municipal corporation
B By � � - �
City Clerb-7 City
Manager
(Check one: /individual _ Partnership
APPROVED AS TO FORM: _ Corporation)
By: W. /L— CONTRACTOR:
City Atto ey
(Notarized) By: �
Signature'
.lofiy 1r: L1q-,u0--5-
rmt Name & Title
(Notarized) By:
Signature
Print Name & Title
Mailing Address:
(Corporations require two signatures: One from each of the
following A. Chairman of Board, President, ally Vice
President! AND B Secretary, Assistant Secretary,
Treasurer, Assistant Treasurer, or Chief Financial Officer). p n n pp
F5)meluvvvvv-;nnnq Itnex4 a ell4l9e 10
kevix.J nvplrug
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
rcrca�rors.C-c�`-ci'.crccco�.r.�rtir.G.:,S�.ccc�.�r.�r r .s..-cote'c{'.crcr.�rtir-c:c<',cr-r.�r.�r.�;Ctir'-c<'-cr5s
v -s...-cocY'yrtircr.�r-r.
I� I
State of California
County of � ss.
� 11�`���c�c- J
�I
On before me, a`fG �r N a �q 2 4r �CzL��i r_ $
Date' Name and Ttic of Officer(e g. Jane Doc Nota Puollc') �I
fi personally appeared ;J-6 �LJ
N,mats)of slgner(a)
❑ personally known to me '
�Z proved to me on the basis of satisfactory
LFREED evidence
commiEft#118M
Nototyloubnc-CoUfprniq to be the person(p) whose name() is*e
Eversilde subscribed to the within instrument and
WConm•E>giires.tu &2M2 F acknowledged to me that he/SI4e/tlbty executed
the same in his/htef/"J r authorized
capacity(5g ), and that by his/fa t/tl56ir
r s(gnatureon the instrument the person'( on
the entity upon behalf of which the persorf�d)
acted, executed the instrument-
WITNESS m nd and official seal.
1-771
'! Place Notary aeol Ahovc Signature of Notary PubJic
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
II
Title or Typo of Document: 3' .� y [/✓Jt,rtip
Ifi Document Date:� l a OD Number of Pages
I �I
Signer(s) Other Than Named Above, C%�(nnEv L
Capacity(ies) Claimed by SignerI
Signer's Name: _ RRI_
1 ❑ Individual
Top of thump horc h�Corporate Officer—Tltle(s): h
III ❑ Partner—❑ LinI LL General
fi ❑ Attorney in Fact
fi ❑ Trustee ti fi ❑ Guardian or Conservator
fi LJ Other: '
1 Signer Is Representing: a'
01999 Nailond Noh,AleClgaon•9350 De Soto Ave PO aox"402-CllateWOtlb CA9r3ta24021vrmwngllonalnolmyorq Fmd NP 5007 Reorder Cau Tot Frnn 1-100-a798027
EXIiI13IT "A"
SCOPE OF SERVICES
Contractor shall furnish all equipment,labor,materials,supplies,and service necessary to maintain/service
restrooms in accordance with specifications contained herein and located in the various parks within the City
ol'Palm Springs.
Exhibit "A": Scope of Services - Page I I
SCOPE OF SERVICES
LOCATIONS
The park restrooms to be maintained/serviced under this Contract are located at the following addresses:
A. Palm Springs Stadium - 1901 E. 13aristo Road
S. Sunrise Plaza/Cerritos Field Blockhouse - 401 S. Pavilion Way
C. Ruth Hardy Park- 700 Tamarisk Road
D. Victoria Park - 2744 N. Via Miraleste
E. DeMuth Park - 4365 E. Mcsquiie Avenue
Exhibit "A": Scope of Services - Page 12
SCOPE OF SERVICES
FOURS OF OPEPATION
Contractor shall be responsible for the opening and closing of public restrooms every day.All restrooms are
to be cleaned and open for public use no earlier than 6:00 a.m. and no later than 8:00 a.m. daily. Also,
Contractor is required to close and secure all public restrooms at 10.00 p.m. each night.
Exhibit "A": Scope of Services - Page 13
SCOPE OF SERVICES
FREQUENCY OF MAINTENANCE/SERVICE.
A. All restroom locations,except as noted below,shall be cleaned thoroughly twice daily,seven days per
week, in accordance with the following tasks,and all tasks shall be completed and restrooms opened
for public use no earlier than 6:00 a.m. and no later than 8:00 a.m. each day unless otherwise
specifically authorized by the Contract Administrator. The second cleaning shall occur in the
afternoon prior to the end of the work day.
Sunrise Plaza/Cerritos Field Blockhouse restrooms shall be cleaned thoroughly once daily,seven days
per week, in accordance with the following tasks, and all tasks shall be completed and restrooms
opened for public use no earlier than 6:00 a.m. and no later than 8:00 a.m. each day unless otherwise
specifically authorized by the Contract Administrator.
Palm Springs Stadium's first-and third-base restrooms only shall be cleaned on a"By Request'basis
as requested and authorized by the Contract Administrator.
The following tasks are to be performed in accordance with the frequency schedule listed above for
each restroom location:
I. Pick up debris and trash, then sweep floor. Removed materials are not to be swept outside of
the restroom.
2. Empty trash and napkin receptacles; replace liners as needed.
1 Check and refill all dispensers as needed.
4. Replace burned-out light bulbs or tubes inside of restroom and security lights outside.
5. Remove all graffiti using graffiti removal materials or other scrubbing techniques.
6 Remove spitballs, cobwebs and other foreign materials from doors, walls, ceiling, partitions,
vents, etc.
7. Do high and low dusting of ledges, tops of partitions, etc., using a dampened cloth or other
device.
8. Disinfect the inside of urinals and toilets.
9. Disinfect the top and bottom of toilet seats, fixtures and surfaces of and surrounding each
fixture.
Exhibit "A": Scope of Services - Page 14
0
SCOPE OF SFRVICES
10. Disinfect stall walls and other areas where hands are normally placed. Clean doors and door
frames.
11. Disinfect around urinals, under sinks,around floor drains and other areas where bacteria might
breed.
12. Disinfect sinks, dispensers, receptacles, trash containers and walls around such areas.
13. Clean mirrors.
14. Scrub sinks and wipe dry. Use a small scrub brush to clean corners, cracks and narrow areas.
15. Scrub inside surfaces of toilets and urinals. Be sure to scrub upper lip. Do not flush.
16. Scrub outside of toilets, urinals and rear wall.
17. Wipe toilet scats, toilet bowls, urinals and Fixtures until dry.
18. Spot clean walls and scrub hand prints, graffiti, etc., from walls and partitions; wipe dry.
19. Disinfect and mop floors, making sure that corners, drainers, areas around toilets and feet of
partitions are thoroughly cleaned and there is no accumulation of dirt or other matter.Leave the
floor as dry as possible.
20. Wipe off cove base and remove mop strands caught around posts, etc.
21. Replace receptacles and trash containers after cleaning.
22. Deodorize the entire restroom facility.
23. Immediately notify the Contract Administrator of any irregularities or hazards.
24. If running water, broken fixtures,or plugged sewer lines cannot be normalized or isolated,the
restroom is to be locked and the Contract Administrator immediately notified.
25. Remove graffiti from the outside of the restroom building and wash off any other dirt clods,
mud or foreign materials
26. Clean top and sides of drinking fountains outside of restrooms and clear drains.
Exhibit "A Scope of Services - Page 15
• •
SCOPE OF SERVICES
27. Disinfect drinking fountains, scrub the fixture and dry it.
28. All areas are to be left clean and free of streaks, stains, film, debris, water spots and odors. All
fixtures shall be clean, including piping.
29. Make sure that supplies are in their appropriate dispensers and in adequate amounts to meet the
demand.
30. All leaking fixtures, clogged drains, stopped up or damaged basins, toilets or urinals, and
damaged or inoperable lighting fixtures that cannot be repaired by the following shall be
reported to the Contraci Administrator:
a. Tightened to stop leaks
b. Unclogged by using a "plumber's helper" or short snake
B. The following tasks shall be completed each month the day prior to the scheduled inspection date.
1. Perform the following tasks prior to commencing the daily tasks identified in Paragraph 5A
above:
a. By using a"plumber's helper"(plunger),lower water levels in toilet bowls below water line
and use a bowl cleaner to descale and dissolve water rings on the bowls and under the
flushing rims. Allow the bowl cleaner to soak for 20 to 30 minutes. Do not flush-
b. Using a bowl cleaner, descale and dissolve water rings on urinal surfaces and under the
flushing rim, allowing the bowl cleaner to soak for 20 to 30 minutes. Do not flush.
c. Following the soaking period,scrub the bowls and urinals to remove deposits and stains and
then flush the toilet bowls and urinals.
2, PerfOnn the following task prior to commencing the daily tasks identified in Paragraph 5AI4:
a. Wash all windows.
3. Perform the following task prior to commencing the daily task identified in Paragraph 5A15:
a. Scrub underneath sink and disinfect.
Exhibit "A Scope of Services - Page 16
! •
SCOPE OF SERVICES
4. Perform the following task prior to commencing the daily task identified in Paragraph 5A19:
a. Disinfect and completely wipe dry all partitions, doors, door fzames, metal plates, handles
and hinges.
5. Perform the following task prior to commencing the daily task identified in Paragraph 5A20:
a. Scrub and clean all base moldings and "hard to get at"places.
6. Use only materials that are not caustic or damaging to the fixtures being cleaned.
7. Clean light fixture covers.
Exhibit "A": Scope of Services - Page 17
EXHIBIT "B"
SPECIAL REQUIREMENTS
Term: The term of this Contract shall be three(3)years from the date of award, with the option of two(2)
two (2) -year extensions.
Emeraene Res onse: Contractor shall,during the term of the Contract,respond to all emergencies within
two (2) hours of notification. Additionally, Contractor must maintain a 24-hour on-call semce response to
emergency notification.
Invoicing: Contractor shall submit an itemized invoice upon completion of a service period and acceptance
of work, as defined in the specifications. Billings must reference the purchase order number and shall
indicate the unit (contract) price. Invoices that are submitted with incorrect prices may be returned for
correction before any payments to the Contractor are authorized. It shall be the Contractor's responsibility
to submit a correct invoice.The City shall not be responsible for payment until a correct invoice is received.
Inspections: Contractor shall perform a weekly maintenance inspection of all park restrooms being
serviced by this Contract. Such inspection shall be both visual and operational. Contractor shall take
immediate steps to correct any observed irregularities and submit a written report regarding such
circumstances to the Contract Administrator.
Reports-. Contractor shall maintain and keep current a daily report form that records all maintenance
functions performed by Contractor's personnel. Said report shall be in a form and content acceptable to the
Contract Administrator and shall be submitted to the Contract Administrator concurrent with the monthly
invoicing. The monthly payment will not be made until such report is received and deemed acceptable by
the Contract Administrator.
Employee Conduct All Contractor 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 of the Contractor are
prohibited from being on the premises under the influence of alcohol or any other controlled substance.
Insurance Requirements: Contractor shall meet all insurance requirements of the City, including, but not
limited to, the provisions of personal and property liability, including automobile coverage and Worker's
Compensation, in limits acceptable to the City. All required insurance shall name the City of Palm Springs
as an additional insured.
Exhibit "B": Special Requirements - Page 18
SPECIAL REQUIREMENTS
LiquidatedDamaaes: Each maintenance task identified in these specifications shows frequency schedules
to be performed as shown below. If an individual task is not performed according to the schedule and/or
allotted time, Contractor will be considered to be in default. Upon default, liquidated damages may be
assessed on a per-task, per-frequency, site-specific basis until the default is cured. When a task has not be
performed as scheduled or within an imposed cure period,the Contract Administrator may assess liquidated
damages as shown below and may reduce the Contractor's compensation accordingly.
The cure period of each default, as speci bed,will be submitted to the Contractor according to the schedule
below. The accumulated assessed damages will be deducted each month from the Contractor's billing.
Frequency Allotted Completion Time Assessment
(Per Task)
7 days per week Completed once daily prior to 8:00 a.m. $50
7 days per week Completed twice daily — once prior to 8:00 a.m. and S50
once in the afternoon prior to end of work day
7 days per week Close and secure all restrooms at 10:00 p.m. each night $50
By Request Completed within 48 hours of notification $50
The allotted cure period will be "immediate" after verbal or written notification is received by the
Contractor.
Labor Requirements to Support Special Events/Projects:
A. Contractor is required to provide manpower and equipment as needed to supply labor in support of
City special events and special projects. The number of laborers required and number of work hours
will be determined on an as-needed basis. Contractor will be notified a minimum of forty-eight(48)
hours in advance of all work assignments as to the number of workers needed and the estimated hours
of service requested.
B. City typically requires approximately one hundred (100) man hours per year of additional work on
an as-needed basis to support special events/projects.This additional work consists of maintaining the
restrooms at a higher frequency level than provided in the schedules. There is no guarantee as to the
actual atnount of hours requested annually-
Exhibit "B": Special Requirements - Page 19
SPECIAL REQUIREMENTS
C. The hourly rate to be used on a routine basis will be considered the REGULAR RATE as shown on
the Bid Schedules. The hourly rate to be used only for the ten (10) holidays listed below will be
considered the HOLIDAY RATE as shown on the Bid Schedules.
The HOLIDAY RATE will be observed only on the following City holidays:
I. New Year's Day - January 1
2. Martin Luther Icing Jr. Day - J' Monday in January
3. Lincoln's Birthday - February 12
4. Presidents' Day 3 ` Monday in February
5. Memorial Day - Last Monday in May
6. Independence Day - July 4
7. Labor Day - I"Monday m September
8. Veterans Day -November 11
9. Thanksgiving Day - 4`h Thursday in November
10. Christmas Day - December 25
NOTE, When a recognized holiday falls on a Saturday, the preceding scheduled workday shall be
considered the holiday When a recognized holiday falls on a Sunday, the following
scheduled work day shall be considered the holiday.
D. If the Contractor fails to provide the required staffing to support special events and special projects,
the Contractor will be considered to be in default and liquidated damages shall apply in the amount
of$250 per event.
Exhibit "B": Special Requirements - Page 20
SCHEDULE OF COMPENSATION
RESTROOM TO BE FREQUENCY UNIT UNIT COST ANNUAL
MAINTAINFD SCI-IEDULF. COST MULTIPLIER COST
7 days per week
DeMuth Park(all) Twice Daily $12.00 x 730 $8,760.00 per year
Ruth Hardy Park Twice Daily $12.00 x 730 S8,760.00 per year
Victoria Park Twice Daily $12.00 x 730 $8,760,00 per year
Palm Springs Stadium Twice Daily $12 00 x 730 S8,760 00 per year
(Center restrooms only)
Sunrise Plaza/Cerritos Once Daily S13 65 x 365 S4,982.25 per year
(Blockhouse)
Palm Springs Stadium By Request $13.65 x 6 S81.90 per year
(1"and 3"base restrooms)
Palm Springs Stadium By Request $13.65 x 6 S81.90 per year
Locker Rooms
(Home&Visitors locker
rooms, including restrooms
within)
SUBTOTAL: S40,186 05 per year
Additional Hours to Support
Special Events:
Regular Rate $13.65 x 80 S1,092.00 per year
Holiday Rate $20 44 x 20 S408.80 per year
GRAND TOTAL $41,686.85 per year
TOTAL BID PRICE
$41,686 85
(Price in Figures)
Forty-one Thousand Six Hundred Eighry-six Dollars and Eighty-live Cents
(Price in Words)
Exhibit "C": Schedule of Compensation - Page 22
+„o—%17'7 i7JI 7I, 737a7TZ7,(I6,Ti
I,
s-5013yEC�, •,"o A-DJJSTIVI NT � INTERCARGO INSURANCE COMPANY
1450 East American Lane •20th Floor
", Schaumburg, Illinois 60173-3458
1-800-394.3924
1038759 PREMIUM: $1,042.00
dOND PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That we (Insert the full name and address of the Principal below)
hereinafter
referred to Desert Janitor Company
as Principal, 100 South Sunrise 4310,Palm Springs, CA 92262
and INTERCARGO INSURANCE COMPANY, a corporation, hereinafter referred to as Surety, organized and
existing under the laws of the State of Illinois and authorized to do business In the State of California,
are held and firmly bound unto (lncen the full name and address of the 061igee halgw)
hereinafter
referred to City of Palm Springs, Office of the City Clerk
as obligee, 3200 Tahquitz Canyon way, Palm Springs, CA 92262
in the penal sum of Forty one Thousand Six Hundred Eighty Six And 85/100'6 Dollars
IS ****S41,686 . 85 ) lawful money of the United States of America, far the payment of which sum, well and
truly to be made, we bind ourselves our Executors, Administrators, Successors and Assigns, firmly by these presents.
Whereas, the principal has entered into a certain written contract with the obligee dated the
17th _ _ day of May 1 2000 in the amount of
Fiorty one Thousand six Hundred EiqhtX six And 85 100's Dollars,
(Insert project deacriptign and location below)
Annual Restroom Maintenance Contract Location :Palm
Springs,CA
in accordance with the general conditions, the drawings and specif(Cations, which contract is by reference incorporated
herein, and made a part hereof, and is referred to as the contract.
Now, therefore, the conditions of this obligation, as specified on the reverse side of this form, are Such that if the
principal shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall
remain in full force and effect.
Signed, sealed and dated this 24th day of July 2000
Desert Janitor Company
(Se-1/f appai blcl (Print or type name gf prinmpol)
(Witness) 6y.
(Signature of authorized representaCrvel
(Type name and title)
IN HCARGOINSURC�.,`
syV
(Witness) IAtterney3r�Gi)�A tip_
�A
W:
Julia B . ! o r ='
(SEE REVERSE SIDE FOR TEAMS AND CONDITIONS) '''',�IIJ 4~�NON,,,0'```
SEAL. fl19
IH69L-1 (919e1
PERFORMANCE BOND
I The Principal and ale Solely,jointly and severally.hind themselves,their heirs, executors,Administrators,sPecdssnrs and assigns to ale Obligee
Ior the performance of The Contract,which is ineurporsicd herein by reference.
2. If the Principal performs the Contract,the Surely and ilia Principal shall have IW obligation under this Bond,CxLehl to participate in Lonferanl:4Y
a�provided in Subparagraph 3.1.
3. It dicEc is no Ohligec Defaull,the Surety's obligation under this Bond shall arise hdcr:
3 1 The Ohligee has notified,by certified mail,the Principal and the Surely,as insthu led in Paragraph 10,flat die Ohligcc is Lunsidering declaring
a Principal Default and has requested and attempted to arrange a conference with the Principal and the Surely to be held not later than fifteen days
after receipt of such notice to discuss methods of ped'nrming die Contract. If Ole Obligcc,the Principal and the Surety Agree,the Principal shall be
allowed a reasonable time to perform the Contract but such An agreement shall not waive Tile Obligee's right,if any,subsequently to declare a Principal
]Default;and
3 2 The Obligee has declared a Principal Default and farnlally terminated the Principal's right to complete the contract. Such Principal Default shall
not be declared earlier than twenty days after ilia Principal and the Surety have received notice as provided in Subparagraph3 1; and
3 3 The Ohligco has agreed to pay the Balaocc of the Contract Price to the Surety in Accordance with the terms of the Contract or to a contractor
selected to perform the Contract in 4ccoNxnee with the terms of hie Contract with the Oblige.:.
4. After the Obligee has declared Principal in default and has salisticd the conditions of Paragraph 3, and the Surety has conducted its own prompt
and reasonable investigation as to whether or not The Principal's default has actually occurred,the Surety may at its own option elect one or more
of the following actions:
4.1 Arrange for the Principal,with consent of tin Obligen,to perform and complete the Contract;or
4.2 Undertake to perform and complete the Contract itself,through its agents or through independent contractors;or
4.3 Obtain bids or negotiated proposals from qualified conintaorl acceptable to the Obligee for a contract for performance and completion of Ilia
C6mmet,arrange for a contract to be prepared for execution by the Obligee and the Principal selected with the Obligee's concurrence,to be secured
with performance and payment bonds executed by a qualified surely equivalent to the bonds issued on the Contract,and pay to Ile Obligee the amount
of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Obligee resulting from the Principal's default;
Or
4.4 Waive its right to perform and complete, arrange for completion,or obtain a new contractor and with reasonable promptness under the
e¢cumstances:
A After investigation,determinc the amount for which it may be liable m the Obliged and as soon as practicable after the amount is determined,
tender payment therefor to ilia Obligee;or
-2 Deny liability in whole or in part and notify the Obligee citing masons therefor.
5.If the Surety proceeds as provided in Subparagraph 4.4 and the Obligee refuses the payment tendered or the Surety has denied liability,in whole
or in part,without fanner notice the Obligee shall be entitled to enforce any remedy available to the Obligee. -
6. After Ile Obligee has terminated ilia Principal's right to complete the Contract,and if the Surety elects to act under Subparagraph 4.1,4,2 or 4.3
above,then the responsibilities of dha Surety to the Obliged shall not be greater than those of the Principal under die Contract.and the responsibilities
of the Obliged to the Surety shall not be greater than those of the Obliged under the Contract. To the limit of the amount of this Bond,but subject
to commiumen[by the Obligee of the Balance of the Contract Price to mitigation of costs and damages on the Contract,the Surety is obligated without
duplication for:
6.1 The responsibilities of the Principal for cormction of defective work and completion of the Contract,and
6.2 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-
performance of the Principal.
7- The Surety shall not be liable to the Obligee or others for obligations of the Principal that are unrelated to the Contract,and the Balance of the
Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person
or entity other than the Obligee or its heirs,executors,administration or successors.
8.The Surety hereby waives notice of any change,including changes of time,to the Contract of to related subcontracts,purchase orders and other
obligations.
9. Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or
pan of the work is located and shall be instituted within six months after Principal Default or within six months after the Principal caused working
or within six months after the Surety refused or fails to perform its obligations under this Bond,whichever occun first. if the provisions of this
Paragraph are void or prohibited by taw, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
10. Notice to ale Surety,the Obligee or the Principal shall be mailed or delivered,by certified moil to the address shown on the signature page
11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract was to be performed,
any provision in this Bond conflicting with said statutory or legal hequimment shall be deemed deleted herefrom and provisions conforming to such
statutory or other legal requirement shall be deemed incorporated herein.
12. DEFINITIONS
•-12.1 Balance of the Contract Price:The total amount payable by the Obligee to the Principal under the Contract after all proper adjustments have
been made,including allowance to the Principal of any amounts received or to be received by the Obligee in settlement of insurance or other claims
for damages to which the Principal is entitled,or reduced by all valid and proper payments made to or on behalf ofthe Principal under the Contract.
122 Contract:The hgreemeni berween the Obligee and the Principal identified on the signature page,including all Contract Documents and changes
thereto.
12.3 Principal Dcfault' Failure of the Principal,which has neither been remedied nor waived,to perform or Otherwise to comply with the terms
-. -"-uf die Contract. -
12.4 Obligee DclituIr Failum of the Obligee,which has neither been remedied nor waived,to pay the Principal as required by the Contract or to
perform and complete or comply with the other terms hereof.
CALIFORNIA ALL-PURPRE ACKNOWLEDGMENT •
State of CALIFORNIA
County of Riverside
On JULY 24, 2000 before me, Natalia L. Martinez NotarV Public
Name and Title of Off eer(e.g."Jane Doe, Notary Public)
personally appeared Julia B. Leonard. Attorney in Fact
Name(s)of Signer(s)
®personally known to me - OR - ❑proved to me on the basis of satisfactory evidence to be the persons)
whose nameN is/are subscribed to the within Instrument and
acknowledged to me that hefshe/they executed the same in
His/her/their authorized capacity{? ,and that by
His/hers/their,signature(s-)on the instrument the person(-s), or
the entity upon behalf of which the person(8)acted,executed
,�NATALIA L. MARTINEZ the instrument.
. COMM.#1152902
�. . NOTARYPuauC-CALIFORNIA WITNESS my hand and official seal.
RIVERSIDE COUNTY p
My Comm Expires Aug.24,2001 I�
Signature of Notary Public
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 reattachement of this form to another document.
Description of Attached Document
Title of Type of Document:
Document Date: Number of Pages:
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
❑Trustor/Trustee ❑Trustor/Trustee
❑Guardian or Conservator ❑Guardian or Conservator
❑Other: ❑Other:
Signer is Representing: Signer is Representing:
INUTED POWER OF ATTORNEY 49
Approval Code ZN'�h"RLC.A,RGO INSURANCE COM 1 i( 587 1) Bart 8
KNOW ALL MEN BY THESE PRESENTS:That the INTERCARGO INSURANCE COMPANY,a corporation organized and existing by virtue of the laws of the
State of Illinois.does hereby nominate,constitute and appoint, Allis B. Leonard
its true and lawful Atlomeys-in-fad to make. execute.attest, seal. and deliver for and on its behalf,as surely,and as its act and dead,where required, any and all
hands.undertakings. reeOynizances and written obligations in the nature thereof, the penal sum of no one of which is in any event to exceed$5,000,000.00 as
required by Snrery Obligees.
Such bonds and undertakings, when duly executed by the aforesaid Auamcys-in-fact shall be binding upon the said Company as fully and to the same extent as if
such bonds and undertakings were signed by the President and Secretary of the Company and sealed with tts corporate Real.
This Power OF Attorney is granted and is signed by facsimile under and by the authority of the fallowing Resolution adapted by the Board of Directors of the
Company on the 5th day OF December, 1988
"RESOLVED,That the President, or any Vice President of the Company or any person designated by tiny one of them is hereby authorized to execute
Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company. bonds,undertakings and all
contracts of suretyship,and that any Secretary Or any Assistant Secretary of the Company be, and that each or any of them hereby is authorized to attest
the execution of any such Power of Attorney, and to attach thereto the Scat of the Company.
FURTHER RESOLVED.That the signature of such Officers and the Seal OF the Company may he affixed to any Ruch Power of Attorney or certificate
rotating thereto by facsimile. and ally such Power of Attorney or certificate hearing Such facsimile signatures or facsimile Rest Rhall he thereafter valid
and binding upon the Company with respocl to any bond,undertaking or contract of suretyship to which it is attached."
Bonds executed under this Power of Attorney may he executed under facsimile signature and Real pursuant to the}following Resolution adopted by the Board of
Directors Of the Company of August 7,1997,
"RESOLVED,That the Rignatule of Stanley A. Galanskt,as President of this Corporation, and die Real of this Corporation may he affixed or printed on
.any and all bonds, undertakings, rccogni7anceR, or other written Obligations thereof,an any revocation of any Power of Attorney.or on any cortificute
relating thereto.by facsimile. and any Power of Attorney, any revocation of any Power of Attorney,bonds,undertakings, recognizances.certificate or
other written Obligation,hearing such facsimile signature Or facsimile seal Ehall he valid and binding upon the Corporation.-
IN WITNESS WHEREOF, the INTERCARGO INSURANCE COMPANY has caused its corporate seal to be hereunto affixed,and these presents to be signed by
its duly authorized officers this 8th day of August, 1997.
INTERCARGO INSURANCE COMPANY
spyBY:
�,s"�µs�rinip�� rRt-atnrrvt
ca0°R+rr'M
SEAL �jf
ATTEST:
SCCRLTARY
STATE OF 1LLINOIS
COUNTY OF COOK ss.
On this 80L day of August. 1997.before me personally came Stanley A. Galanski to me known,who,being duly Rworn, did depose and say:that he is president of
the Corporation described in and which executed the above instrument. (hill he knows the seal of said Corporation: that the seal affixed to the aforesaid instrument
is such corporate seat and was affixed thereto by order and authority of the Board Of Directors of said Company: and that he executed the said instrument by like
order and authority:
OFFICIAL SEAL
SAMANTHA B HALTER �✓ �JT/
NOTARY PUBLIC,STATE OF IL11WIS
MY COMMISSION E%PtR[6.O0/OBIOD NOt AI(Y PiIBLIC
STATE OF ILLINOIS
COUNTY OF COOK xs.
I.Michael L. Ryhnk,Secretary of the 1NTBRCARGD INSURANCE COMP,�7 r titpt6e01o]/eyprGhY f the State of Illinois, do hereby certify that the above and
foregoing is a full.true and correct copy of Power of Attorney issued by VTx any riy°�.httn ��' eve compared same with the original and that it is a correct
transcript therefrom and of the whale of the original and that the sad P`hN Al-Lorney is sfrl fu farce and effect and hits not been revoked
T • [� 4
IN WITNESS WHEREOF, I have hereunto set my hand and affixed S�'� i tI o 91WET v;�7 sty of Schaumburg,this "d'lOk
any of JnnI r POOO "I
��o�µsllA��."y�F ;+Yz'• i.-14..s eciii.:Y�
t�` I111111N��� Y
I+ei // F
w„�/LL�NO15�•+dr
SEAL #119
'; ,,, .,„n-(n,::.::Ca;;,. I,:+: �..:,:r,l i�, r r,p� ;•:�}.i,'.;'`,h;Y,v,r,rn;;r:: ;,,.:..;^�'..,:'i'''ii"'r;i,'ii;,;;i;�; �x;�'%�''r4�r;. .uATE MM oo .
ACORD �ERTI�•E�A� >� C3F LIA�ILII�f'<�1��URA� .�� , ,, ( ,
PRODUCER THI CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
' I ON AND CONFERS NO RIGHTS UPON THE CERTIFICATE
THE �TORpAN COMPANY Lr}-�1��D Hq DER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
L/ ALTER THE COVERAGE AFFORDED 9Y THE POLICIES BELOW.
1325 AUTO PLAZA DRIVE 414 COMPANIES AFFORDING COVERAGE
POST OFFICE BOX 5276 OMPANV
SAN BERNARDINO, CA 92412-5276 A Golden Ea le Insurance Corporation
INSURED
COMPANY
Desert. Janitor Company, _ B
division cf Lands Maintenance COMPANY
100 South Sunrise Way, Suite 310 C Agent : Darlene Johnson, CPCU
Palm Springs, CA 92262 COMPANY
760/320-2643 D (909) 888-2231 , FAX 889-3428
CO Yw ;I' i,r' ` ; ' �;7�' ;' : r : , ,,, :' ; 4;�'IiG ,�; ,i-,��; 4';'";` �; C` • : ;;; y; l r ; - qi��.
THIS IS TO
CERTIFY POLICIES ISSUED TOTHE INSURED NAMED NOTWITHSTANDING ANYREQUI E 7MENT AN DH L
,TERM OR CONDITION OF ANY OR OTHER DOCUMENT WITH RESPECT YO
CY PERIOD
INDICATED,ED WHICH THIS '
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POUCYNUMBER POLICY EFFECTIVE POLICY EXPIRATION
LT, DATE(MMIDD/YY) DATE(MM/DDNY) LIMITS
GENERAL LIABILITY GENERAL ACCREGATE 5 2 , 000 , 00
X COMMERCIAL GENERAL UABIUTY PRODUCTS-COMP/CPAGG S Included
CLAIMS MADE 7X]OCCUR PERSONAL&ADV INJURY S 1, 000 , 000
A OWNERS&CONTRACTORS PROT CCP 57 92 43-01 9/01/99 9/01/00 EACH OCCURRENCE s 1, 000 , 000
FIRE DAMAGE(Any one fire) S 100 , 000
MED EXP(Any one person) S 5, 000
AUTOMOBILE LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT S 1; 0 0 0 , 0 0
ALL OWNED AUTOS
BODILY INJURY
X SCHEDULED AUTOS (Per person)
A X HIRED AUTOS CCP 57 92 43-01 9/01/99 9/01/B19 BODILYINJURY
X NON-OWNED AUTOS (Pcr accldenp
PROPERTY DAMAGE S
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO OTI•IER THAN AUTO ONLY
EACH ACCIDENT_ $
ACCREGATE S
EXCESS LIABILITY EACH OCCURRENCE S
UMBRELLA FORM AGGREGATE S
OTHER THAN UMBRELLA FORM S
WORKERS COMPENSATION AND X I WC STATU- I OIH-
EMPLOYERS'LIABILITY 7CRY LIMITS ER y
EL EACH ACCIDENT S 1, 0 0 0 0 0 0
A THE PROPRIETOR/ INCL NWC 54 59 05-01 9/01/99 9/01/00 �ELDISEASE•POLICYLIMIT $ 1, 000 , 006
PARTNERS/EXECUTIVE _
OFFICERS ARE L•XCL EL DISEASE-EA EMPLOYEE I S 1, 000 , 000
OTHER
DE5CRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
Re : Services
*Additional Insured for General Liability per form GECG953 on reverse -
**30 Days EXCEPT 10 Days for Non-Payment of Premium
CANCEI.'ULT1dN'
ABOVE
sHDuID ANY of THE , : ✓. . . .. . .. ... . . , , .,. .
„�/�/�/I, O��✓Dom' ✓�'✓/ `^' E DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUINQ COMPANY WILL ENDEAVOR TO MAIL
*City of Palm Springs ***PAY$WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Attn: City Clerk BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OftUgAT10N OR LIABILITY
P. 0. Box 2743 OF ANY KIND UPON THE COMPANY, IT5 AGENTS OR REPRESENTATIVES.
Palm
"cps Springs, . CA
`92263-2743 ;.. ....Au�iQRizEDgr<PR�EtiT`,� }.�:.:.:. :.:. '.' ACORpCOFtATIPN15;38'
ACORDw CERTIFICAW OF LIABILITY INSU ' NCE DATE(MMIDDNY)
PRODUCER:(949:)47z-ti560 FAX D9/18/2001
(949)588-8348Califohwestern ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
ITEND OR
nsuracy/�lC.# 0443354 ALTER HOLDETMEHCOVERAGE AFPORpED BIS CERTIFICATE DOES OYT HEEPDp ICI(E58ELOW.
15520 d Blvd, Suite B
Irvine19 INSURERS AFFORDING COVERAGE
INSURED Desert Janitor Company INSURER Sequoia Insurance Company
100 S Sunrise Way INSURERB. Indemnity Ins. Co of N.A.
Palm Springs, CA 92262 [INSURER
NSURERC >~
NSURER D, _f, ��•
COVERAGES E
A y. ? F
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TD THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NO TW G
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 7NE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TYPE OF INSURANCE POLICY NUMBER GATE(MMIDDlYY) DATE(MWODNY) LIMITS
GENERAL LIABILITY MP114709 09/01/2001 09/01/2002 EACH OCCURRENCE S 11000.00(
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one rim) S 501 00
CLAIMS MADE �OCCUR MED EXP(Any one person) S 1.00
A PERSONAL aADVINJURY $ 1.000,00
GENERAL AGGREGATE $ 2'000'00
GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/DP AGG S
XPOLICY PRO• LOC 2,000,00
EC7
AUTOMOBILE LIABILITY CMP114709 09/01/2001 09/01/2002
COMBINED SINGLE LIMIT
ANY AUTO (Ea accltleneny $ 1.000,00
ALL OWNED AuiG$
X SCHEDULED AUTOS BODILY INJURY $
A (Per person)
X HIRED AUTOS
X NON- BODILY INJURY
OWNED AUTOS (Per eec,dern) $
PROPERTY DAMAGE $
(Par eccidenl)
GARAGE LIABILITY AUTO ONLY-EAACCIDENT 5
ANY AUTO
OTHER THAN EA ACC $
AUTO ONLY. AGO $
EXCESS LIABILITY EACH OCCURRENCE S
OCCUR ❑ CLAIMS MADE AGGREGATE 5
DEDUCTIBLE S
RETENTION $WORKER $
EMPLOYSCOMPBILITY ON AND WC013221 09/01/2001 09/01/2002 TORY LIMITS ER EMPLOYERS'LIABILITY
B EL EACH ACCIDENT $ 11000,00
E.L.DISEASE�EA EMPLOYE• $ 1,000,00
OTHER 1
EL DISEASE-POLICY LIMIT S 10001 UU
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLEVEE=( LUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
ertificate holder is hereby named as additional insured with respect to general liability only
er form CPP-30
'10 day notice Of cancellation for non-payment
CERTIFICATE HOLDER ADpITIONALINSURED;INSURER LETTER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
*10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Palm Springs BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
P.O. BOX 2743 OF ANY KIND UPON THE COMPANY.ITS AGENTS OR REPRESENTATIVES.
Palm Springs, CA 92262 AUTHORIZ REFIRE AT'VE
/ �/