CONTRACT ABSTRACT
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Contract Abstract Form Rev
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Cleaning and Maintenance of Public Art Agreement
Same Day Express dba Signature Sculpture
Marjorie Adams-Fiore
[email protected]
Art Cleaning, Maintenance, and Restoration Services
$129,800 + $9,999.50 (Amdt 2) = $139,799.50
September 1, 2022 - August 31, 2027
N/A
Brett Fiore, [email protected]
Aviation
Victoria Carpenter/ 3808
N/A
A9206
2 Yes
Yes
Yes
Department
N/A
No N/A
N/A
N/A
2/6/2025 Tanya Perez
Revised: 10.31.23
AMENDMENT NO. 2 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. 2 to the Cleaning and Maintenance of Public Art Agreement is made and entered into as of February 3, 202 , 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”). Contract Term: 3-Years; Contract Price: $128,905.
2.1 Amendment No. 1. On March 13, 2023, Parties entered into Amendment No. 1 to the Agreement to include repair of art piece Chairman of the Links due to damages found during routine cleaning for a new total not to exceed $129,800.
2.3 Amendment No. 2. The City and Contractor desire to amend the Agreement to revise the scope of services, increase compensation, update the method of payment, revise the term for the cleaning services for seven art pieces at the Palm Springs International Airport.
2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3.3 of the Agreement.
3. Terms.
3.1 Section 1.1 Scope of Services of the Agreement is hereby amended to include services described in Exhibit “A1” attached hereto and incorporated herein by reference.
3.2 Section 3.1 Compensation of Contractor of the Agreement is hereby amended to increase the contract in the amount of $9,999.50 as more particularly described in Exhibit “A1”. The total amount of compensation shall not exceed $139,799.50.
3.3 Section 3.2 Method of Payment of the Agreement is hereby amended to include services described in Exhibit “A1”.
3.4 Section 4.4 Term of the Agreement is hereby amended in its entirety to read as follows:
Revised: 10.31.23
“Unless earlier terminated in accordance with Section 4.5 of the Agreement, this Agreement shall continue in full force and effect for a period of five years, commencing on September 1, 2022 and ending on August 31, 2027, unless extended by mutual written agreement of the Parties.”
3.5 All References to Exhibit “A” in the Agreement shall be changed to mean Exhibit “A” and Exhibit “A1”.
3.6 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, 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. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.
3.7 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. 2.
3.8 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.9 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Revised: 10.31.23
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS
AND SAME DAY EXPRESS DBA SIGNATURE SCULPTURES
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.
CONTRACTOR:
By: _____________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: N/A Item No. N/A
APPROVED AS TO FORM: ATTEST:
By: ______________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: ______________________________ Date:
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Revised: 10.31.23
EXHIBIT “A1”
Services:
Provide cleaning services for seven art pieces located at the Palm Springs International Airport (Airport).
Scope/Compensation:
Scope of work per Art Piece:
1. Philip Culbertson (SSTeel)
• Wash: Once every other month (Six Services Annually)
• Wax: Once annually (Waxing includes several coasts of “bowling wax”) • Washing Instructions: Wash with a non-ionic soap & deionized water • Price: $192.25 x 6 = $1,153.50 (Wash: Once every other month) • Price: $275.00 (Wax: Once annually)
• Total: $1,153.50 + $275.00 = $1,428.50 Annually
2. Lawrence Fane
• Wash: Once every other month (Six Services Annually)
• Wax: Once annually (Waxing includes several coasts of “bowling wax”) • Washing Instructions: Wash with a non-ionic soap & deionized water • Price: $192.25 x 6 = $1,153.50 (Wash: Once every other month) • Price: $275.00 (Wax: Once annually)
• Total: $1,153.50 + $275.00 = $1,428.50 Annually
3. Betty Gold
• Wash: Once every other month (Six Services Annually)
• Deep Cleaning Scrub: Once every six months (Two Services Annually) • Wax: Application of wax will be applied as needed during deep cleaning scrub • Washing Instructions: Wash with a non-ionic soap & deionized water • Price: $192.25 x 6 = $1,153.50 (Wash: Once every other month & Wax: As needed during deep cleaning scrub)
•
Price: $275.00 x 2 = $550.00 (Deep Cleaning Scrub: Once every six months) • Total: $1,153.50 + $550.00 = $1,703.50 Annually
4. Tom Holland
• Dust: Once every other month (Six Services Annually)
• Dusting Instructions: Dust with feather duster and compressed air followed by damp cloth with plexi cleaner
• Price: $192.25 x 6 = $1,153.50 (Dust: Once every other month) • Total: $1,153.50 Annually
5. Paul Jenkins
• Wash: Once every other month (Six Services Annually)
• Wax: Once annually (Waxing includes several coasts of “bowling wax”) • Washing Instructions: Wash with a non-ionic soap & deionized water • Price: $192.25 x 6 = $1,153.50 (Wash: Once every other month)
Revised: 10.31.23
• Price: $275.00 (Wax: Once annually)
• Total: $1,153.50 + $275.00 = $1,428.50 Annually
6. Yasui Mizul
• Wash: Once every other month (Six Services Annually)
• Washing Instructions: Rinse off with deionized water to clean the surface without leaving mineral deposits
• Cleaning Instructions: Clean using compressed air used to remove dust, leaves, etc.
• Price: $192.25 x 6 = $1,153.50 (Wash: Once every other month) • Total: $1,153.50 Annually
7. Michael Todd
• Wash: Once every other month (Six Services Annually)
• Wax: every six months (Waxing includes several coasts of “bowling wax”) • Washing Instructions: Wash with a non-ionic soap & deionized water • Price: $192.25 x 6 = $1,153.50 (Wash: Once every other month) • Price: $275.00 x 2 = $550.00 (Wax: Once every six months) • Total: $1,153.50 + $550.00 = $1,703.50 Annually
Total Compensation: $9,999.50 Annually
Additional:
x Invoices for the seven art pieces in this scope of work should be sent to the Palm Springs International Airport invoice email address at [email protected] for payment processing.
x Contractor to provide all material and supplies needed to complete services.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
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IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be e ndorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A st atement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
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ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
UO S
/2025
Inszone Insurance Services, LLC
2721 Citrus Road, Suite A
Rancho Cordova, CA 9572
Certificate Team
877-308-9663 916-00-2625
[email protected]
License#: 0F8276 Evanston Insurance Company 35378
SAMEDAY-0
Same Day Express, LLC
DBA: Signature Sculpture, Signature Cleanup
P.O. Box 111
Palm Desert, CA 92261
253899099
A ; 1,000,000
; 100,000
5,000
1,000,000
2,000,000
;
Y 3AA808183 8/1/202 8/1/2025
2,000,000
Additional Insured on the *eneral Liability. Primary and Non-Contributory on the *eneral Liability.
The aforementioned coverage is provided to the extent in the attached forms for: City of Palm Springs City of Palm Springs
3200 E. TahTuitz Canyon :ay
Palm Springs, CA 92262
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MEGL 0009-01 09 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 3AA808183
EVANSTON INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
LIQUOR LIABILITY COVERAGE FORM
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM
SCHEDULE
Additional Premium: $Included (Check box if fully earned ) Please refer to each Coverage Form to determine which terms are defined. Words shown in quotations on this endorsement may or may not be defined in all Coverage Forms.
A. Who Is An Insured is amended to include as an additional insured any person or entity to whom you are required by valid written contract or agreement to provide such coverage, but only with respect to "bodily injury", "property damage" (including "bodily injury" and "property damage" included in the "products-completed operations hazard"), and "personal and advertising injury" caused, in whole or in part, by the negligent acts or omissions of the Named Insured and only with respect to any coverage not otherwise excluded in the policy.
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
2. The insurance afforded to such additional insured will not be broader than that which you are required by the valid written contract or agreement to provide for such additional insured.
Our agreement to accept an additional insured provision in a valid written contract or agreement is not an acceptance of any other provisions of such contract or agreement or the contract or agreement in total.
When coverage does not apply for the Named Insured, no coverage or defense will apply for the additional insured.
No coverage applies to such additional insured for injury or damage of any type to any "employee" of the Named Insured or to any obligation of the additional insured to indemnify another because of damages arising out of such injury or damage.
B. With respect to the insurance afforded to these additional insured, the following is added to limits of insurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the valid written contract or agreement; or
2. Available under the applicable limits of insurance shown in the Declarations; whichever is less.
This endorsement shall not increase the applicable limits of insurance shown in the Declarations.
All other terms and conditions remain unchanged.
CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1
COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
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$$
CITY OF PALM SPRINGS
3200 E TAHQUITZ CANYON WAY, PALM
SPRINGS, CA 92262
(760) 322-8328
BUSINESS LICENSE CERTIFICATE
Fees Paid: $293.00
ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE
LICENSEE TO OPERATE OR MAINTAIN A BUSINESS
IN VIOLATION OF ANY OTHER LAW OR ORDINANCE.
THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY
NOR OF THE APPLICANT'S QUALIFICATIONS.
Business Name: SIGNATURE SCULPTURE
DBA:
Owner: Signature Sculpture
Mailing Address:
License Number: OC-002301-2023
Expiration Date: 09/30/2025
PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO
RENEW AND UPDATE THIS LICENSE ANNUALLY.
Business Location: PO BOX 111, PALM DESERT,
CA 92261
Business Description: ART MAINTENANCE,
RESTORATION &
INSTALLATION
TO BE POSTED IN A CONSPICUOUS PLACE