ATTACHMENT A
AMENDMENT 5 TO CLEANING AND MAINTENANCE AGREEMENT WITH
SAME DAY EXPRESS DBA SIGNATURE SCULPTURE
Docusign Envelope ID: 40665CE7-6CB9-4B64-994F-E4E8290D3BEA
Revised: 9-9-26
AMENDMENT NO. 5 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. 5 to the Cleaning and Maintenance of Public Art Agreement is made and entered into as of ___________, by and between the City of Palm Springs (“City”) and Same Day Express, a Single Member California Limited Liability Corporation dba Signature Sculpture (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 the art piece, Chairman of the Links, due to damages found during routine cleaning for a new contract price not to exceed $129,800.
2.3 Amendment No. 2. On February 3, 2025, Parties entered into Amendment No. 2 to the Agreement to revise the scope of services to add seven art pieces located at the Palm Springs International Airport to the cleaning schedule, increase compensation by $9,999.50, add the Airport’s invoice email address, and extend the term of the contract to August 31, 2027.
2.4 Amendment No. 3. The City and Contractor entered into Amendment No. 3 to the Agreement, dated December 15, 2025, to modify the scope of services to add eleven (11) art pieces to the cleaning schedule for an additional amount of $43,480.00 for Fiscal Year 2026, and $6,520.00 for Emergency Cleaning and Maintenance, for a total increase of $50,000.00, not to exceed a total contract amount of $189,799.50.
2.5 Amendment No. 4. On August 13, 2026, the City and Contractor entered into Amendment No.4 to the Agreement to revise the scope of services to include the necessary cleaning, waxing, and restoration services to prepare seven artworks on loan from the Palm Springs Art Museum for return from Palm Springs International Airport, and increase compensation in an amount of $8,400, for a revised not to exceed amount of $198,199.50.
2.6 Amendment No. 5. The City and Contractor desire to amend the Agreement to revise the scope of services to add nine (9) art pieces to the cleaning schedule for a total of fifty-eight pieces being serviced annually (not including the one -time additional pieces adding by Amendment No. 4) art pieces to be cleaned twice annually , add installation/de-installation logistics coordination to the scope of work, and increase the compensation by $120,525 annually for a total contract amount not to exceed $318,724.50.
Docusign Envelope ID: 40665CE7-6CB9-4B64-994F-E4E8290D3BEA
Revised: 9-9-26
2.7 Amendment Authority. This Amendment No. 5 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 “A2” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" , Exhibit “A1”, Exhibit “A2”, Exhibit “A3”, and Exhibit “A4” 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”, Exhibit “A2”, Exhibit “A3”, and Exhibit “A4”.
The total amount of Compensation shall not exceed $318,724.50.”
3.3 All References to Exhibit “A” in the Agreement shall be changed to mean Exhibit “A,” Exhibit “A1,” Exhibit “A2,” Exhibit “A3,” and Exhibit “A4.”
3.4 Continuing Effect of Agreement . Except as amended by Amendment No. 5, 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. 5. From and after the date of this Amendment No. 5, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 5.
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. 5.
3.6 Severability. If any portion of this Amendment No. 5 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. 5 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 Docusign Envelope ID: 40665CE7-6CB9-4B64-994F-E4E8290D3BEA
Revised: 9-9-26
instrument.
[SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: 40665CE7-6CB9-4B64-994F-E4E8290D3BEA
Revised: 9-9-26
SIGNATURE PAGE TO AMENDMENT NO. 5 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: ____ Item No. _____
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
Docusign Envelope ID: 40665CE7-6CB9-4B64-994F-E4E8290D3BEA
Revised: 9-9-26
EXHIBIT “A4”
Services: Contractor shall provide cleaning services for art pieces located throughout the City of Palm Springs.
Scope/Compensation
Artscape in Parks
• Art Piece: Spegody
o Service: Washing & Waxing (2 cleanings per year).
o Price: $5,700
• Art Piece: Rover
o Service: Washing & Waxing (2 cleanings per year).
o Price: $6,650
• Art Piece: Dancer 6
o Service: Washing & Waxing (2 cleanings per year).
o Price: $3,800.
• Art Piece: Shapes and Sizes
o Service: Washing & Waxing (2 cleanings per year).
o Price: $7,600
Creature Alley
• Art Piece: Yellow Warbler (Palm Canyon Dr. & W. Chino Drive) o Service: Wash & Wax (2 cleanings per year).
o Price: $1,520
• Art Piece: Prince - green Dancing Rhino (Palm Canyon Dr. & W. Chino Drive) o Service: Wash & Wax (2 cleanings per year).
o Price: $1,520
Docusign Envelope ID: 40665CE7-6CB9-4B64-994F-E4E8290D3BEA
Revised: 9-9-26
Other Locations
• Art Piece: Dragonfly Bench Sunrise Park)
o Service: Wash & Hand Wax (2 cleanings per year).
o Price: $6,650
• Art Piece: Fossils of the Future (Little Tuscany Hill) o Service: Wash (2 cleanings per year)
o Price: $1,590
• Art Piece: Pride Monument (Frances Stevens Park)
o Service: Wash (2 cleanings per year)
o Price: $6,650
Compensation
Annually
New Pieces (Amendment 4): 41,680
Existing Pieces (Original Agreement
through Amendment 3): 58,845
Installation, De-installation Logistics
Planning & Coordination
20,000
Annual Total 120,525
• Waxing to include several coats of “bowling wax.”
• Washing to be done with a non-ionic soap & deionized water • Contractor provides all material and supplies needed to complete services.
Docusign Envelope ID: 40665CE7-6CB9-4B64-994F-E4E8290D3BEA
Revised: 9-9-26
Contractor shall perform any Planning & Coordination services per occurrence basis by issuance of a proposal to be approved by the City and shall be in accordance with the rate schedule as outlined below: