Agenda packet — Palm Springs City Council, September 1, 2022 (part 3 of 6)

CONTRACT SERVICES AGREEMENT A####

CLEANING AND MAINTENANCE OF PUBLIC ART

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on _____________, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Same Day Express dba Signature Sculpture, a Single Member California Limited Liability Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of a art conservator to provide the City with Cleaning and Maintenance of Public Art (“Project”).

B. Contractor has submitted to City a proposal to provide cleaning and maintenance of the city owned public art, under the terms of this Agreement.

C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Contractor for the Project.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions . In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement.

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1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $128,905.00.

3.2 Method of Payment . In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice , no later than the first working day of such month , in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide fo r revisions or modifications to documents , work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.

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(3) orders of governmental authorities (including, wit hout limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of gov ernmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation.

Notwithstanding the foregoing, the City may still terminate this Agreement in ac cordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement s hall continue in full force and effect for a period of Three years, unless extended by mutual written agreement of the Parties.

4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City . Upon receipt of the notice of terminati on, Con tractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

5. COORDINATION OF WORK

5.1 Representative of Contractor . The following principal of Contrac tor is designated as being the prin cipal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Brett Fiore, Owner Operator. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5.2 Contract Officer . The Contract Officer shall be the City Manager or his/her designee ("Contract Officer") . Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontracting or Assignment . The experience, knowledge, education, capability, and reputation of Contractor, its principals, and Item 1V - 7

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employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this A greement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be r esponsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed.

Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode , or means by which Contractor, its agents, or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role ; however, Cit y shall have the right to review Contractor’s work product, result, and advice . Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City.

Contractor shall pay all wages, salarie s, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services i n this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any per sonnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

Brett Fiore Owner/Operator
Danny Vergara Supervisor and Patinur
Miguel Cortes Tech 2 and Patinur.

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage L aws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabili ties, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply Item 1V - 8

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with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) an d debarment of contractors and subcontractors (Labor Code Section 1777.1).

Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses incl uding legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful miscon duct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contract or’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement , and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

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8. RECORDS AND REPORTS

8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement , or as the Contract Officer shall require.

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertainin g in any way to this Agreement.

Contractor shall keep such books and records as shall be necessary to properly perform the Services required by t his Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit , and make records and transcripts from such records.

8.3 Ownership of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City . Contractor shall deliver all above -referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.

8.4 Release of Documents . All drawi ngs, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.

8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, Item 1V - 10

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shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents o f the respective sections or paragraphs.

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing . No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

9.4 Rights and Remedies are Cumulative . Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative . The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non -judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

10.1 Non-Liability of City Officers and Employees . No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.

10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

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employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre -paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this S ection. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Signature Sculpture
Attn: Brett Fiore
79350 Four Paths Lane
Bermuda Dunes, CA 92203

11.2 Integrated Agreement . This Agreement constitutes the entire understanding between the Parties and supersedes and cancels al l prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.

11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.

11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

11.6 Third Party Beneficiary . Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third -party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

11.7 Recitals. The above -referenced Recitals are hereby incorporated into the Agreement as though fully s et forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

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11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM SPRINGS AND SIGNATURE SCULPTURE

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)

Date: ___________________________ Date: ___________________________

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No. ________ Agreement No. _________

APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ Jeffrey S. Ballinger, Anthony Mejia,
City Attorney City Clerk

APPROVED:

By: _____________________________ Date: ____________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

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EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Performance

And

Schedule of Compensation

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1.1 Background:

There are over 75 pieces in the City’s public art collection, ranging from outdoor sculptures, installations at the Palm Springs Airport, murals, and to art that is on loan to the city. Some pieces are over 30 years old. The City and Public Arts Commission believe the public arts collection beautifies and enriches the City and are dedicated to the maintenance and upkeep of the collection. Cleaning and mai ntenance issues in the collection may result from our harsh environment, age, graffiti, and the original siting of art.

At this time the City of Palm Springs has prioritized the cleaning and maintenance of certain art pieces. The Contractor will provide the cleaning and maintenance services for these pieces.

1.2 Scope:

A. The Contractor shall provide various levels of cleaning and maintenance of the art pieces outlined below that are located throughout the City to maintain a high standard of cleanliness and appearance for public viewing and enjoyment.

1. Cleaning includes dusting, washing, waxing. It also includes r emoving graffiti (if graffiti can be removed with standard cleaning procedures) , grime, residue from irrigation, bird droppings, gum and other en vironmental factors according to American Institute for Conservation Code of Ethics and Guidelines for Practice for each work.

2. Maintenance includes work such as removing corrosion, flaking paint, removing/reapplying protective surface / coatings, etc., a ccording to American Institute for Conservation Code of Ethics and Guidelines for Practice for each work.

B. Repairs and Restoration– The Contractor shall repair and restore the pieces that have been identified as needing to be repaired and restoration. This may involve repairing breaks, creating replacement pieces for areas of loss, and filling cracks.

C. The City of Palm Springs relies on the professionalism and competence of the Contractor to be knowledgeable of the general areas identified in this scope of work and to have included in its proposal all required tasks and subtasks, personnel commitments, man-hours, direct and indirect costs, etc. The City of Palm Springs will not approve amendments to the Contractor’s agreement which do not involve a substantial change from the general scope of work identified in this Scope of Work.

D. The Contractor will be required to provide high resolution color photographs of all artwork of the before and after treatment with their invoice outlining details of work performed and any condition issues encountered as a part of their work.

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E. Due to the security set forth by the TSA, please carefully review the following section below:

WORK REQUIREMENTS FOR SECURED AREA OF AIRPORT

Palm Springs International Airport (PSP) is dedicated to the safety and security of all operations, Landside and Airside. To ensure this, separate procedures have been established for individuals and vehicles entering restricted areas of the Airport.

Contractor will be required to comply with all federal security programs and will be responsible for all time and costs associated with obtaining Security IDs. PSP security compliance will be reviewed with the successful contractor for the project. For purposes of the bid, the average cost to obtain an Airport ID, assuming that an individual qualifies for one, is $95.00 and requires approximately four hours of time and two trips to the Airport.

The PSP “Fingerprint/Badge Application” will be signed by a company representative listed on the “ Authorized Signatory Letter”. The signatory verifies and approves the individual application for processing and also thereby confirms that all fees associated with fingerprinting and badge processing will be paid by the comp any. The fee schedule is available on the Airport website at www.palmspringsAirport.com

For more information on badging requirements, please visit:
http://www.palmspringsca.gov/government/departments/aviation-palm-springs- international-airport-psp/doing-business-at-psp/airport-administration/operations- and-security

F. The following Art collection and Locations to be cleaned and maintained are as follows:

1. “Agua Caliente Woman”, Tahquitz Canyon Way and Indian Canyon Way:

Piece – repair needed and then bi-annual cleaning.

2. “Young Basketmaker”, Tahquitz Canyon Way and Sunrise – bi-annual cleaning.

3. “Charlie Farrell”, Palm Springs Airport at El Cielo: Severe calcium damage to lower half of sculpture - needs restoration and then bi-annual cleaning

4. “Help Is on The Way”, In front of Palm Springs Police Station: bi-annual cleaning.

5. “Machine Age, Forget me Not, and Le Campas de Vulcan”, along Kirk Douglas Way – bi-annual cleaning.

6. “The Batter”, Sunrise Park – repainting and repair needed and then bi-annual cleaning.

7. “Wave Rhythms”, Sunrise Park: – bi-annual cleaning.

8. “R.Hero”, 300 Sunrise Way: - repair needed and then bi-annual cleaning.

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9. “Monsieur Pompadour and Mademoiselle Coco” at Palm Springs Animal Shelter: repair needed and then bi-annual cleaning.

10. “Jungle Red”, Warm Sands and Ramon Road – bi-annual cleaning.

11. “Intersecting Cubes”, 803 N. Palm Canyon Drive – bi-annual cleaning.

12. “Lucille Ball”, 100 N. Palm Canyon Drive – bi-annual cleaning and spot waxing.

13. “Chairman of the Links”, 124 S. Palm Canyon Drive: - bi-annual cleaning.

14. “Lawn Chair”, 1466 N. Palm Canyon Drive – bi-annual cleaning.

15. “Standing Woman”, 221 S. Palm Canyon Drive – repair needed and then bi- annual cleaning.

16. “Whirlwind VI”, Ruth Hardy Park – repair needed and then bi-annual cleaning.

17. “Nines and Elevens”, Demuth Park – repainting needed and then bi-annual cleaning.
.

18. John Clement Pieces: bi-annual cleaning
o Red: “Butch”, 370 San Rafael Drive
o Yellow: “Squeeze”, 538 N. Palm Canyon Drive
o Orange: “Ithiel”, 777 E. Tahquitz Canyon Way

19. Palm Springs Convention Center Pieces (277 North Avenida Caballeros):
o “A Personal History of Palm Springs” – bi-annual cleaning o “The Entertainer” – bi-annual cleaning
o “Sympatico” – bi-annual cleaning and annual waxing
o “Crouching Tiger” - bi-annual cleaning and annual waxing

20. Pieces at the Palm Springs International Airport (3400 Tahquitz Canyon Way):
o Four Chihuly glass pieces - bi-annual vacuuming and cleaning of work and vitrine to maintain quality and improve visual clarity. o Sonny Bono bust – bi-annual cleaning and waxing.
o John F. Kennedy bust bi-annual cleaning and waxing – current condition patina is in poor condition and will need review by conservator to determine repair and maintenance going forward.
o “Balzac” by Christopher Georgesco – biannual cleaning and routine washing.

21. Additional Pieces

o City Hall Dog Park Gate/Fence
▪ “Desert Reflections” by Phil Evans – repair of welded elements and bi- annual cleaning.

o Jackie Lee Houston Plaza, Convention Center
▪ “Audry”, 2002 by John Kennedy – bi-annual cleaning.

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o Palm Springs Library
▪ “RHero” (Red) by Karen & Tony Barone – bi-annual cleaning. o Ruth Hardy Park
▪ “Whirlwind VI” by Gary Slater – bi-annual cleaning.

22. Art Cleaning Allowance – a cleaning allowance has been established that will be used solely at the discretion of the City to authorize additional art cleaning requests on an emergency type basis.

1.3 Compensation:

Work will be compensated on a lumpsum per piece basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the work completed for the previous month as long as a detailed progress report is provided to support the amount requested.

No additional compensation will be due by the City unless th e contract is modified for additional work requested by the City.

ITEM DESCRIPTION ANNUAL LUMP SUM

CLEANING/

MAINTENANCE

ONE TIME

RESTORATION
1 “Agua Caliente Woman”,
Intersection of Tahquitz
Canyon Way and Indian
Canyon Way
$2,335.00 $3,800.00
2 “Young Basketmaker”,
Intersection of Tahquitz
Canyon Way and Sunrise
$2,800.00
3 “Charlie Farrell”, Palm
Springs Airport entrance at El
Cielo and Tahquitz Canyon
Way, north side
$2,000.00 $3,800.00
4 “Help Is on The Way”, 200 S.

Civic Drive, in front of Palm
Springs Police Station
$2,400.00
5 “Machine Age, Forget me
Not, and Le Campas de
Vulcan”, along Kirk Douglas
Way, between Ramon Road
and Airport
$1,800.00
6 “The Batter”, Sunrise Park $1,000.00 $2,400.00
7 “Wave Rhythms”, Sunrise
Park $2,400.00
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8 “R.Hero”, 300 Sunrise Way
(PS Library) $600.00 $700.00
9 “Monsieur Pompadour and
Mademoiselle Coco” 4575 E.

Mesquite Ave., Palm Springs
Animal Shelter
$900.00 $700.00
10 “Jungle Red”, Intersection of
Warm Sands and Ramon Road $1,800.00
11 “Intersecting Cubes”, 803 N.

Palm Canyon Drive $800.00
12 “Lucille Ball”, 100 N. Palm
Canyon Drive $750.00
13 “Chairman of the Links”, 124
S. Palm Canyon Drive $600.00
14 “Lawn Chair”, 1466 N. Palm
Canyon Drive $600.00
15 “Standing Woman”, 221 S.

Palm Canyon Drive $675.00 $500.00
16 “Whirlwind VI”, Ruth Hardy
Park $815.00 $3,800.00
17 “Nines and Elevens”, Demuth
Park $3,000.00 $7,900.00
18 John Clement Pieces
18A Red: “Butch”, 370 San Rafael
Drive $600.00
18B Yellow: “Squeeze”, 538 N.

Palm Canyon Drive $800.00
18C Orange: “Ithiel”, 777 E.

Tahquitz Canyon Way $900.00
19 Convention Center Pieces
19A “A Personal History of Palm
Springs” $600.00
19B “The Entertainer” $595.00
19C “Sympatico” $595.00
19D “Crouching Tiger” $645.00
20 Palm Springs International
Airport Pieces
20A Four Chihuly glass pieces $1,200.00
20B Sonny Bono bust $675.00
Item 1V - 20

Page 17 of 21 ends

20C John F. Kennedy bust
$675.00
*TBD –
Conservator to
review for
direction
20D “Balzac” by Christopher
Georgesco $725.00
21 Additional Pieces
21A “Desert Reflections”, City
Hall Dog Park $750.00 $1,400.00
21B “Audry”, Convention Center $600.00
22 Art Cleaning Allowance $4,000.00
Annual Total
Cleaning/Maintenance $34,635.00
Three Year Total
Cleaning/Maintenance $103,905.00
Year One Restoration total $25,000.00
Three-year
Cleaning/Maintenance and
One-time Restoration Total
Plus Allowance
*$128,905.00
*Cost for John F. Kennedy Bust to be restored to be determined at a later date and added to the cost of the one-time restoration expense.

Item 1V - 21

Page 18 of 21 ends

EXHIBIT “B”

INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 1V - 22

Page 19 of 21 ends

INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement , including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemni fy City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of Insurance . The minimum amount of insurance requir ed under this Agreement shall be as follows:

1. Comprehensive general liability and personal injury with l imits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;

2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;

3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
___x_____ is not required;

4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

Page 20 of 21 ends

with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance co verage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No .___" or "for any and all work performed with the City" may be included in this statement).

B. "This insurance is primary and non -contributory over any insurance or self - insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.

All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with Item 1V - 24
-
-

Page 21 of 21 ends

authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

7. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

8. Severability of Interests (Separation of Insureds) . This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

Item 1V - 25
ATTAC

HMENT B
Item 1V - 26

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? Yes No

5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________ Officer Director Member Manager [ n a m e ] General Partner Limited Partner
Other ___________________________
_______________________________ Officer Director Member Manager [ n a m e ] General Partner Limited Partner
Other __________________________
________________________________ Officer Director Member Manager [ n a m e ] General Partner Limited Partner
Other __________________________ 11
79350 Four Paths Lane, Bermuda Dunes CA 92203
CA
SAME DAY EXPRESS LLC dba Signature Sculpture
BRETT FIORE Type text here
100% INTEREST
Type text here
Item 1V - 27

~
[st

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE

JANE DOE

[name of owner/investor]
50%, ABC COMPANY, Inc.

[percentage of beneficial interest in entity and
name of entity]
A.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
B.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
C.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
D.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
E.

[name of owner/investor]

[percentage of beneficial interest in entity
and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date BRETT FIORE, Owner/Operator
06/20/22
Item 1V - 28

FORNIA THAT THE FOF
ure of Disclosing Party, Prir
Bre-tr t=UJ-r~
~ETT FIORE, Owner/0
ATTAC

HMENT C
Item 1V - 29

CITY OF PALM SPRINGS, CA

PROCUREMENT AND CONTRACTING DEPARTMENT

REQUEST FOR PROPOSALS 13-22

CLEANING AND MAINTENANCE OF PUBLIC ART

ISSUED: MAY 23, 2022

Item 1V - 30

TABLE OF CONTENTS
SECTION 1 – NOTICE OF REQUEST FOR PROPOSALS ..................................................... 1

1.1 Request for Proposal ................................................................................................ 1

1.2 Term ......................................................................................................................... 1

1.3 Schedule .................................................................................................................. 1

1.4 Procurement Officer and Delivery Address: .............................................................. 2 SECTION 2 – INSTRUCTIONS TO PROPOSERS .................................................................. 3

2.1 Obtaining RFP Documents and Addenda: ................................................................ 3

2.2 Pre-Proposal Conference: ........................................................................................ 3

2.3 Proposer’s Minimum Requirements: ......................................................................... 3

2.4 Submission of Proposals: ......................................................................................... 4 SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT ........................................ 5

3.1 Request for Clarifications/Questions: ........................................................................ 5

3.2 Proposers Ethical Behavior: ..................................................................................... 5

3.3 Proposals to Remain Open:...................................................................................... 5

3.4 Right to Accept or Reject Proposals: ........................................................................ 5

3.5 Responsibility of Proposer: ....................................................................................... 5

3.6 Insurance: ................................................................................................................ 5

3.7 Public Record: .......................................................................................................... 5

3.8 Cost Related to Proposal Preparation: ..................................................................... 6

3.9 Compliance with Law:............................................................................................... 6

3.10 Licenses, Permits, Fees and Assessments: ............................................................. 6

3.11 Investigations: .......................................................................................................... 7

3.12 Non-Collusion: .......................................................................................................... 7

3.13 Other Public Agency “Piggyback Clause”: ................................................................ 7

3.14 Signed Proposal and Exceptions: ............................................................................. 7

3.15 Award of Contract: .................................................................................................... 7

3.16 Form
of Agreement: ................................................................................................. 8 SECTION 4 – SCOPE OF WORK ........................................................................................... 9

4.1 Background: ............................................................................................................. 9

4.2 Scope: ...................................................................................................................... 9

4.3 Compensation: ........................................................................................................12 SECTION 5 – PROPOSAL FORMAT AND ORGANIZATION .................................................25

5.1 Proposal Requirements: ..........................................................................................26

5.2 Proposal Format: .....................................................................................................26

5.3 Proposal Content: ....................................................................................................26

5.4 Submission of Proposal: ..........................................................................................29 SECTION 6 – PROPOSAL EVALUATION .............................................................................30

6.1 Evaluation of Proposals: ..........................................................................................30

6.2 Selection Process and Award of Contract: ...............................................................30 SECTION 7 – RFP FORMS ...................................................................................................32 SECTION 8 – SAMPLE AGREEMENT ................................................................................... 1 Item 1V - 31
SECTION 1 – NOTICE OF REQUEST FOR PROPOSALS

1.1 Request for Proposal
A. The City of Palm Springs is requesting proposals from qualified firms to provide the City with Cleaning and Maintenance of Public Art. The scope of work will consist of the cleaning and maintenance of public art pieces located throughout the City including the Palm Springs International Airport.

B. Repairs and Restoration– Some pieces have been identified as needing to be repaired and restoration. This may involve repairing breaks, creating replacement pieces for areas of loss, and filling cracks. For those piec es listed below which indicate that repair or restoration may be needed, proposers will have to review each piece and provide a proposal for their restoration or repair, if needed.

C. This RFP cannot identify each specific, individual task required to successfully and completely implement this project. The City of Palm Springs relies on the professionalism and competence of the selected contractor to be knowledgeable of the general areas identified in the scope of work and to include in its proposal all required tasks and subtasks, personnel commitments, man-hours, direct and indirect costs, etc. The City of Palm Springs will not approve amendments to the selected contractor’s agreement which do not involve a substantial change from the general scope of work identified in this RFP.

1.2 Term
The term of this contract will be for three years with the possibility for two, one -year options to extend.

1.3 Schedule
The following is the schedule for this procurement:

Activity Due/Time
Request for Proposals Issued May 23, 2022
Pre-Proposal Conference June 1, 2022 @ 10:00 am
Walk Thru of Airport Art June 1, 2022 @ 4:00 pm
Requests for Clarifications from Proposers
are due June 8, 2022, by 5:00 pm
Responses to Requests for Clarification will
be posted via Addendum June 15, 2022
Proposals are Due June 22, 2022 @ 2:00 pm PST
Recommendation/Selection (tentative) Week of July 4th, 2022 Projected Award of Contract/ PO July 2022

Item 1V - 32

1. 4 Procurement Officer and Delivery Address:

Kim Baker
City of Palm Springs – Procurement and Contracting Department City Hall
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Phone: 760.322.8368
Email: [email protected]

Item 1V - 33
SECTION 2 – INSTRUCTIONS TO PROPOSERS

2.1 Obtaining RFP Documents and Addenda:

RFP documents including Addenda can be found on PlanetBids at:
https://pbsystem.planetbids.com/portal/47688/portal-home Proposers will then need to log in and locate this RFP for all related documents. It is the Proposers responsibility to check the PlanetBids site regularly to stay current on the documents that are available as this is the primary communication site for this RFP.

2.2 Pre-Proposal Conference:

A Pre-Proposal Conference will be held as follows:

Date: Wednesday, June 1, 2022
Time: 10:00 am PST
Location: Virtually. - Interested participants who wish to participate in the preproposal conference by either requesting a link to attend via email to:
[email protected] or by following the directions below:

Microsoft Teams meeting
Join on your computer or mobile app
Click here to join the meeting
Or call in (audio only)
+1 872-239-6004,,95581836# United States, Chicago
Phone Conference ID: 955 818 36#
Find a local number | Reset PIN
All proposers are highly encouraged to attend this conference to learn more about the requirements of this solicitation.

Sitewalk: All the artwork to be serviced under this RFP can be found below in Section 4 Scope of Work . It is inc umbent upon Proposers to view all artwork that is publicly available on their own as there will be no site walk -through for these pieces of the RFP.

However, there will be a one- time site visit to view the exceptions to the art pieces that are not available for immediate public viewing which are located on the secured airside of the Palm Springs International Airport. This site visit is scheduled for June 1, 2022, at 4:00 pm . This is the only opportunity provided to view these art pieces during the process due to TSA Security requirements. Pictures of those art pieces in their current condition located in the secured area are provided under Section 4 Scope of Work for review.

2.3 Proposer’s Minimum Requirements:

A. Experience: The Proposer must have a minimum of three years’ experience and knowledge of cleaning and maintaining large scale, outdoor artwork in the public realm consisting of metals, glass, mosaics, various patinas, water features, painting methods, and applications. Proposers shall outline this experience in the proposal.

B. Business License: The selected firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter Item 1V - 34

3. 40 through 3.96, entitled “Business Tax”. Proposers may obtain the license after award but must do so promptly as the license will be routed with the contract for final signature.

2.4 Submission of Proposals:

A. Requests for Proposals will be electronically received via the link provided in this RFP by the Procurement and Contracting Department until the time specified in the schedule below. The receiving time date stamp in the electronic file database will be the governing time for acceptability of Proposals. Paper proposals, or proposals sent by any other means, or to any other electronic file or email address other than the link provided in this RFP will not be accepted. Late proposals will be returned unopened. Failure to register as a Proposer to this RFP process per the instructions in the Notice Inviting Requests for Proposals (under “Obtaining RFP Documents”) may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a proposal as being non- responsive or negatively impact the evaluation of a proposal . Proposal files shall be clearly labeled per the instructions provided and submitted electronically.

Item 1V - 35
SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT

3.1 Request for Clarifications/Questions:

A. Questions are to be submitted through PlanetBids vendor portal at the following link: https://pbsystem.planetbids.com/portal/47688/portal-home and then selecting the RFP.

B. Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is as outlined in the schedule. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect.

3.2 Proposers Ethical Behavior:

Proposers, their representatives, agents, or anyone else acting on their behalf are specifically directed not to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFP other than as directed below. Contact with anyone other than as directed below will be cause for rejection of a proposal.

3.3 Proposals to Remain Open:

The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals.

3.4 Right to Accept or Reject Proposals:

The City of Palm Springs reserves the right to waive any informality or technical defect in a proposal and to accept or reject, in whole or in part, any or all proposals and to cancel all or part of this RFP and seek new proposals , as best serves the interests of the Cit y. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City.

3.5 Responsibility of Proposer:

All firms responding to this RFP shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFP without an authorized signature, falsified any information in the proposal package, etc.), the proposal shall be rejected.

3.6 Insurance:

Insurance provisions are contained in the Standard Contract Services sample agreement included in the RFP. The successful Proposer will be required to comply with these provisions. It is recommended that Proposers have their insurance provider review the insurance provisions BEFORE they submit their proposal.

3.7 Public Record:

A. All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 6250 Item 1V - 36
et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, pursuant to CA Government Code 6255 during the negotiation process, may be made public after the City’s negotiations are completed, and staff has agendized the recommendation to the City Council for the award of a contract to a specific firm, but before final action is taken by the City Council to award the contract.

B. Although the California Public Records Act (“CPRA”) recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information submitted in a proposal is a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” Proprietary,” or any other similar designation, the City will provide the party submitting such information with reasonable notice to allow the party to seek protection from disclosure by a court of competent jurisdiction.

C. If a submitting party contends that a portion of the proposal is confidential even under the CPRA, the party: 1) must clearly label each document and/or page deemed a confidential document 2) the legal rationale supporting such contention including specific references to applicable provisions of the Public Records laws of the State 3) must actively defend against any request for disclosure of information which the party has determined should not be released, and 4) must indemnify and hold harmless the City from any loss, claim or suit, including attorneys’ fees, brought by a person challenging the City’s refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be responsible for any damages or losses incurred by a party submitting a proposal or any other person or entity, because of the release of such information. The City will not return the original or any copies of the proposal or other information or documents submitted to the City as part of this RFP process. The City may not recognize proposals where all the infor mation, via a blanket statement is submitted as proprietary information or a trade secret.

Such proposals may be found non-responsive.

3.8 Cost Related to Proposal Preparation:

The City will NOT be responsible for any costs incurred by any firm responding t o this RFP in the preparation of their proposal or participation in any presentation if requested, or any other aspects of the entire RFP process.

3.9 Compliance with Law:

Proposer warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations.

3.10 Licenses, Permits, Fees and Assessments:

Proposer represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services requested in this RFP. Proposer represents and warrants to City that Proposer shall, at its sole cost and expense, keep in effect at all times during the term of the Agreement if so awarded, any license, permit, qualification, or approval that is legally required for Proposer to perform the Work and Services under the Agreement if so awarded. Proposer 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 Proposer’s performance of the Work and Services required Item 1V - 37
under
the Agreement if so awarded. Proposer shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law.

3.11 I nvestigations:

The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RFP to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein.

3.12 Non-Collusion:

The undersigned, by submission of this Proposal Form, hereby declares that this Proposal is made without collusion with any other business making any other Proposal, or which otherwise would make a Proposal. Proposer must execute an Affidavit of Non-Collusion provided as Attachment “B” in the RFP and include it with their proposal.

3.13 Other Public Agency “Piggyback Clause”:

It is intended that any other public agency, at the mutual consent of both parties and consistent with the public agency’s policies and procedures, be permitted to purchase under the terms submitted in response to this procurement. Any participating agency shall take sole responsibility for the placing of orders, arranging for delivery and or services, and making payments to the vendor, contractor, or consultant. The City of Palm Springs will not be liable or responsible for any obligations, including but not limited to financial responsibility, in connection with the participation by other public agencies.

3.14 Signed Proposal and Exceptions:

Submission of a signed proposal will be interpreted to mean that the firm responding to this RFP has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Proposals , and any attached sample agreement. Exceptions to any of the language in either the RFP documents or attached sample agreement, including the insurance requirements, must be requested under the request for clarifications/questions process by the deadline for questions. Any requested changes to the contract will be considered at that time and if changes are allowed, they will be sent out through an Addendum to all proposers. Exceptions to the City’s RFP document or standard boilerplate language, insurance requirements, terms, or conditions , etc. may only be considered during the early stage of the solicitation process; and shall not be included in the submitted proposals. Th e City makes no guarantee that any exceptions will be approved but will consider any requests put forward in the request for clarification/question process.

3.15 Award of Contract:

It is the City’s intent to award a contract to the firm that can provide all of the s cope of work, equipment and services identified in the RFP document. However, the City reserves the right to award a contract, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm to be recommended for award and a contract has been Item 1V - 38
negot
iated and agendized for consideration. The decision of the City Council will be final.

3.16 Form of Agreement:

The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Contract Services Agreement ( see Section 8 ). Please note that the Exhibits are intentionally not complete in the attached sample standard document.

These exhibits will be negotiated with the selected firm and will appear in the final Contract Services Agreement executed between the parties.

We specifically draw your attention to the language in the sections of the sample contractual agreement attached entitled “ Conflict of Interest ” and “ Covenants Against Discrimination” and recommend all firms carefully consider these contractual requirements prior to submitting a proposal in response to this RFP.

Firms that submit a proposal in response to this RFP shall certify the following:

A. Conflict of Interest. Proposer acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Proposer enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter.

Proposer warrants that Proposer has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

B. Covenant Against Discrimination. In connection with its performance under this Agreement, Proposer shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sex ual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Proposer shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Proposer certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Proposer activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Proposer is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting.

C. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked Proposer refuses or fails to execute the Agreement, or negotiations are not successful, or the agreement is terminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked Proposer, and so on.

Item 1V - 39
SECTION 4 – SCOPE OF WORK

4.1 Background:

There are over 75 pieces in the C ity’s public art collection, ranging from outdoor sculptures, installations at the Palm Springs Airport, murals , and to art that is on loan to the city. Some pieces are over 30 years old. The City and Public Arts Commission believe the public arts collection beautifies and enriches the C ity and are dedicated to the maintenance and upkeep of the collection. C leaning and maintenance issues in the collection may result from our harsh environment, age, graffiti, and the original siting of art.

At this time the City of Palm Springs has prioritized the cleaning and maintenance of certain art pieces. The Contractor will provide the cleaning and maintenance services for these pieces.

4.2 Scope:

1. Cleaning includes dusting, washing, waxing. It also includes r emoving graffiti (if graffiti can be removed with standard cleaning procedures), grime, residue from irrigation, bird droppings, gum and other environmental factors according to American Institute for Conservation Code of Ethics and Guidelines for Practice for each work.

2. Maintenance includes work such as removing corrosion, flaking paint, removing/reapplying protective surface / coatings , etc ., according to American Institute for Conservation Code of Ethics and Guidelines for Practice for each work.

B. Repairs and Restoration – The Contractor shall repair and restore the pieces that have been identified as needing to be repaired and restoration. This may involve repairing breaks, creating replacement pieces for areas of loss, and filling cracks.

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E. D ue t
o the security set forth by the TSA, please carefully review the following section below:

WORK REQUIREMENTS FOR SECURED AREA OF AIRPORT

For purposes of the bid, the average cost to obtain an Airport ID, assuming that an individual qualifies for one, is $95.00 and requires approximately four hours of time and two trips to the Airport.

The PSP “Fingerprint/Badge Application” will be signed by a company representative listed on the “Authorized Signatory Letter”. The signatory verifies and approves the individual application for processing and also thereby confirms that all fees associated with fingerprinting and badge processing will be paid by the company. The fee schedule is available on the Airport website at www.palmspringsAirport.com

F. The following Art collection and Locations to be cleaned and maintained are as follows:

1. “Agua Caliente Woman”, Tahquitz Canyon Way and Indian Canyon Way:

Piece – repair needed and then bi-annual cleaning.

2. “Young Basketmaker”, Tahquitz Canyon Way and Sunrise – bi-annual cleaning.

3. “Charlie Farrell”, Palm Springs Airport at El Cielo: Severe calcium damage to lower half of sculpture - needs restoration and then bi-annual cleaning

4. “Help Is on The Way”, In front of Palm Springs Police Station: bi-annual cleaning.

5. “Machine Age, Forget me Not, and Le Campas de Vulcan”, along Kirk Douglas Way – bi-annual cleaning.

6. “The Batter”, Sunrise Park – repainting and repair needed and then bi-annual cleaning.

7. “Wave Rhythms”, Sunrise Park: – bi-annual cleaning.

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8. “
R.Hero”, 300 Sunrise Way: - repair needed and then bi-annual cleaning.