Docusign Envelope ID: 40665CE7-6CB9-4B64-994F-E4E8290D3BEA
Revised: 10.31.23
AMENDMENT NO. 3 TO THE CLEANING AND MAINTENANCE OF
PUBLIC ART AGREEMENT NO. A9206
BETWEEN THE CITY OF PALM SPRINGS AND SAME DAY EXPRESS
DBA SIGNATURE SCULPTURE
1. Parties and Date.
This Amendment No. 3 to the Cleaning and Maintenance of Public Art Agreement is made and entered into as of ________, 2025, by and between the City of Palm Springs (“City”) and Same Day Express dba Signature Sculpture, a Single Member California Limited Liability Corporation with its principal place of business at 79350 Four Paths Lane, Bermuda Dunes, California, (Contractor). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. The City and Contractor have entered into an agreement entitled “Cleaning and Maintenance of Public Art” dated September 12, 2022 (“Agreement”) for the purpose of retaining the services of Contractor to provide the City with Cleaning and Maintenance of Public Art (“Project”), for an initial three-year term, commencing on September 1, 2022, and ending on August 31, 2025, for an amount not to exceed $128,905.
2.1 Amendment No. 1. On March 13, 2023, Parties entered into Amendment No. 1 to the Agreement to include repair of the art piece, Chairman of the Links, due to damages found during routine cleaning for an additional amount of $895 for a revised contract amount not to exceed $129,800.
2.3 Amendment No. 2. On February 3, 2025, Parties entered into Amendment No. 2 to the Agreement to modify the scope of services to add seven art pieces located at the Palm Springs International Airport to the cleaning schedule, for an additional amount of $9,999.50 for a revised contract amount not to exceed $139,799.50, identify accounts payable process for the Airport, and extend the contract term through August 31, 2027.
2.4 Amendment No. 3. The City and Contractor desire to amend the Agreement to modify the scope of services to add eighteen (18) art pieces to the cleaning schedule for an additional amount of $43,480.00 for Fiscal Year 2026, and $91,425.00, for Fiscal Year 2027, for a total increase of $134,905.00, and a revised amount not to exceed $274,704.50.
2.5 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 3.3 of the Agreement.
3. Terms.
3.1 Amendment Section 1.1 Scope of Services of the Agreement is hereby amended in its entirety to read as follows:
“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”, Exhibit “A1”, and Exhibit
Docusign Envelope ID: 40665CE7-6CB9-4B64-994F-E4E8290D3BEA
Revised: 10.31.23
“A2” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A", Exhibit “A1”, and Exhibit “A2” 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.”
3.2 Amendment Section 3.1 Compensation of Contractor of the Agreement is hereby amended in its entirety to reach as follows:
“3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”, Exhibit “A1”, and Exhibit “A2”. The total amount of Compensation shall not exceed $274,704.50.”
3.3 Amendment. Section 3.2 Method of Payment of the Agreement is hereby amended in its entirety to reach as follows:
“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”, Exhibit “A1”, and Exhibit “A2” 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.”
3.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all other provisions of the Agreement, as previously amended, remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3.
3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.
3.6 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7 Counterparts. This Amendment No. 3 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: 40665CE7-6CB9-4B64-994F-E4E8290D3BEA
Revised: 10.31.23
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM
SPRINGS AND SAME DAY EXPRESS DBA SIGNATURE SCULPTURES
By: ______________________________ By: _____________________________________ Signature Signature
(2nd signature required for Corporations)
Date: _____________________________ Date: ____________________________________ CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _11/12/2025 Item No. _____
APPROVED AS TO FORM: ATTEST:
By: ______________________________ By: _____________________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – up to/over $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Docusign Envelope ID: 40665CE7-6CB9-4B64-994F-E4E8290D3BEA
Revised: 10.31.23
Docusign Envelope ID: 40665CE7-6CB9-4B64-994F-E4E8290D3BEA
Revised: 10.31.23
EXHIBIT “A2”
Contractor shall provide cleaning services for sixteen additional art pieces located throughout the City of Palm Springs.
Scope/Compensation
Pillars East Tahquitz Canyon Way
Art Piece: Equality
oService: Washing & Waxing.
oFrequency: Twice Annually.
oPrice: $825.00 x 2 = $1,650.00.
oTotal: $1,650.00 Annually.
Art Piece: Community
oService: Washing & Waxing.
oFrequency: Twice Annually.
oPrice: $825.00 x 2 = $1,650.00.
oTotal: $1,650.00 Annually.
Art Piece: Civility
oService: Washing & Waxing.
oFrequency: Twice Annually.
oPrice: $570.00 x 2 = $1,140.00.
oTotal: $1,140.00 Annually.
Art Piece: Diversity
oService: Washing & Waxing.
oFrequency: Twice Annually.
oPrice: $825.00 x 2 = $1,650.00.
oTotal: $1,650.00 Annually.
Art Piece: Serenity
oService: Washing & Waxing.
oFrequency: Twice Annually.
oPrice: $570.00 x 2 = $1,140.00.
oTotal: $1,140.00 Annually.
Art Piece: Creativity
oService: Washing & Waxing.
oFrequency: Twice Annually.
oPrice: $825.00 x 2 = $1,650.00.
oTotal: $1,650.00 Annually.
Creature Alley
Art Piece: Blue Belly Crab - orange (Palm Canyon Dr. & W. Chino Drive) oService: Wash & Wax.
oFrequency: Twice Annually.
oPrice: $760.00 x 2 = $1,520.00.
oTotal: $1,520.00 Annually.
Docusign Envelope ID: 40665CE7-6CB9-4B64-994F-E4E8290D3BEA
Revised: 10.31.23
Art Piece: Prince - green (Palm Canyon Dr. & W. Chino Drive) oService: Wash & Wax.
oFrequency: Twice Annually.
oPrice: $760.00 x 2 = $1,520.00.
oTotal: $1,520.00 Annually.
Art Piece: Red Dragon (Palm Canyon Dr. & W. Chino Drive) oService: Wash & Wax.
oFrequency: Twice Annually.
oPrice: $760.00 x 2 = $1,520.00.
oTotal: $1,520.00 Annually.
Art Piece: Yellow Warbler (Palm Canyon Dr. & W. Chino Drive) oService: Wash & Wax.
oFrequency: Twice Annually.
oPrice: $760.00 x 2 = $1,520.00.
oTotal: $1,520.00 Annually.
Art Piece: Dancing Rhino (Palm Canyon Dr. & W. Chino Drive) oService: Wash & Wax.
oFrequency: Twice Annually.
oPrice: $760.00 x 2 = $1,520.00.
oTotal: $1,520.00 Annually.
Artscape in the Park
Art Piece: Spegody *
oService: Full maintenance clean.
oFrequency: Twice Annually.
oInstructions: Requires scaffold/tall ladders, full team, and a full day. oPrice: $2,850.00 x 2 = $5,700.00.
oTotal: $5,700.00 Annually.
Art Piece: Rover *
oService: Full maintenance clean.
oFrequency: Twice Annually.
oInstructions: Requires scaffold/tall ladders, full team, and a full day. oPrice: $3,800.00 x 2 = $7,600.00.
oTotal: $7,600.00 Annually.
Art Piece: Dancer 6 *
oService: Full maintenance clean.
oFrequency: Twice Annually.
oInstructions: Requires scaffold/tall ladders, full team, and a full day. oPrice: $2,660.00 x 2 = $5,320.00.
oTotal: $5,320.00 Annually.
Art Piece: Shapes and Sizes *
oService: Full maintenance clean.
oFrequency: Twice Annually.
oInstructions: Requires scaffold/tall ladders, full team, and a full day. oPrice: $3,040.00 x 2 = $6,080.00.
oTotal: $6,080.00 Annually.
Docusign Envelope ID: 40665CE7-6CB9-4B64-994F-E4E8290D3BEA
Revised: 10.31.23
Beautiful Shade
Art Piece: Dragonfly *
oService: Full maintenance clean.
oFrequency: Twice Annually.
oInstructions: Requires scaffold/tall ladders, full team, and a full day. oPrice: $2,280.00 x 2 = $4,560.00.
oTotal: $4,560.00 Annually.
Other Locations
Art Piece: Crawler (Museum Way)
oService: Wash & Hand Wax.
oFrequency: Twice Annually.
oInstructions: Requires scaffold/tall ladders.
oPrice: $1,900.00 x 2 = $3,800.00.
oTotal: $3,800.00 Annually.
Art Piece: TOT (Swim Center)
oService: Wash
oFrequency: Twice Annually.
oPrice: $225.00 x 2 = $450.00.
oTotal: $450.00 Annually.
Compensation
FY 2026 FY 2027 Total
New Pieces: 8,845.00 56,790.00 65,635.00
Existing Pieces: 34,635.00 34,635.00 69,270.00
Annual Total 43,480.00 91,425.00 134,905.00
Waxing to include several coasts of “bowling wax.”
Washing to be done with a non-ionic soap & deionized water Contractor to provide all material and supplies needed to complete services. *Art pieces recently installed or not yet installed may not require cleaning and maintenance servicing during the first fiscal year (July 1. 2025 to June 30, 2026).