HomeMy WebLinkAboutC32743 - FY 16-17 Maintenance Services for Prmnt Public Art-El Paseo XhbtnCITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: APPROVE THIRD AMENDMENT TO RENEW CONTRACT NUMBER
C32740 WITH SAME DAY EXPRESS IN THE AMOUNT OF $39,996
FROM JULY 1, 2016 TO JUNE 30, 2017 FOR MAINTENANCE
SERVICES FOR THE CITY OF PALM DESERT'S PERMANENT
PUBLIC ART COLLECTION AND THE EL PASEO EXHIBITION, AND
APPROVE UP TO $5,000 ON AN AS NEEDED BASIS FOR
MAINTENANCE SERVICES
SUBMITTED BY: Deborah S. Glickman, Management Analyst
DATE: April 14, 2016
CONTENTS: Contract C32740
Third Amendment to Contract Number C32740
Recommendation
By Minute Motion: 1) Approve the third amendment to renew Contract
Number C32740 with Same Day Express for its third extension in the amount
of $39,996 from July 1, 2016 to June 30, 2017 for maintenance services for
the City of Palm Desert's permanent public art collection and the El Paseo
Exhibition. Funds are available in Account Number 4364650-4337200; 2)
authorize Mayor to execute the amendment; and 3) approve up to $5,000 on
an as needed basis for maintenance services from Same Day Express.
Funds are available in Account Number 4364650-4337200.
Strateqic Plan Obiective
Not applicable.
Background
A request for maintenance services of the City of Palm Desert's public art collection went
out to bid in April 2013 and Same Day Express was the lowest bidder.
At its meeting of May 9, 2013, the City Council approved Contract Number C32740 with
Same Day Express for one (1) year in the amount of $39,996. The terms of the contract
were July 1, 2013 through June 30, 2014, renewable for three (3) years annually upon City
Council's approval. The first contract amendment was approved by City Council on March
27, 2014 for services from July 1, 2014 through June 30, 2015. The second contract
Staff Report
Amendment of Contract to Same Day Express
April 14, 2016
Page 2 of 2
amendment was approved by City Council on April 9, 2015 for services from July 1, 2015 to
June 30, 2016. The services provided by Same Day Express, a local company, have been
excellent and staff recommends a third and final extension to the contract for services from
July 1, 2016 through June 30, 2017. Staff will rebid for this contract upon the completion of
this third extension.
Approval of staff's recommendation to extend the contract will ensure uninterrupted
maintenance services to the permanent public art collection and the El Paseo Exhibition.
At times the City of Palm Desert's public art collection warrants unanticipated repairs due to
damage, vandalism, or the desert's harsh weather conditions. Currently the City contracts
with Same Day Express to provide cleaning of the sculptures but not repairs. Approving an
amount not to exceed $5,000 will allow Same Day Express to perform repairs, etc. at an
hourly rate of $80 per hour upon approval of the Management Analyst.
Fiscal Analvsis
The financial obligation for FY 2016/2017 for the contract amendment is $39,996 for
services from July 1, 2016 through June 30, 2017, which is the same amount as FY
2015/2016. Funds will be available in FY 2016/2017 in an amount not to exceed $5,000 for
as needed repairs. All payments are from the Public Art Fund in Account Number 4364650-
4337200. There is no impact to the General Fund.
Submitted By:
Deborah S. Glickman,
Management Analyst
I �7
ka�ulGibson, Director of Finance
Approval:
Rudy A osta, Acting City Manager
Department Head:
-kW
�yan Stendell,
Director of Community Development
Contract No. C32740
CONTRACT SERVICES AGREEMENT FOR
MAINTENANCE SERVICES OF THE CITY OF PALM DESERT'S PUBLIC ART
COLLECTION AND THE SCULPTURES IN THE EL PASEO INVITATIONAL
EXHIBITION
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement') is made and
entered into this 9th day of May 2013, by and between the CITY OF PALM
DESERT, a municipal corporation (herein "City") and Same Day Express (the
"Contractor").
NOW, THEREFORE, the parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all of the terms and conditions of
this Agreement, the Contractor shall perform the work or services set forth in the
"Scope of Services" attached hereto as "Exhibit A" and incorporated herein by
reference. Contractor warrants that all work and services set forth in the "Scope
of Services" will be performed in a competent, professional, and satisfactory
manner.
1.2 Compliance With Law. All work and services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules, and
regulations of the City and any Federal, State, or local governmental agency of
competent jurisdiction.
1.3 Licenses, Permits, Fees, and Assessments. Contractor shall obtain at its
sole cost and expense licenses and permits such as a City of Palm Desert
Business License, Encroachment Permit, and approvals as may be required by
law for the performance of the services required by this Agreement.
2.0 COMPENSATION AND PAYMENT SCHEDULE
2.1 Contract Sum. The City shall pay the Contractor an amount not to exceed
Thirty Nine Thousand Nine Hundred Ninety Six Dollars and no cents
($39,996.00) for twelve (12) months, which will constitute full compensation and
payment for all services to be performed under this Agreement. If mutual
agreement between both parties, the contract may be reviewed yearly for three
(3) years upon City Council approval. Payment will be made as established by
Exhibit "A". Final payment will be made upon satisfactory completion of contract
services.
2.2 Method of Payment. Provided that Contractor is not in default under the
terms of this Agreement, Contractor shall be paid upon approval of invoices billed
on a monthly basis in the amount of Three Thousand Three Hundred Thirty
Contract No. C32740
Three Dollars and no cents ($3,333.00) following work performance. Payment
shall be issued by the Public Art Coordinator within thirty (30) days of approval of
detailed invoices and requests for payment. List of work completed for that
month must be provided with the invoice.
3.0 COORDINATION OF WORK
3.1 Representative of Contractor, Brett Fiore, is hereby designated as being
the principal and representative of Contractor authorized to act in its behalf with
respect to the work and services specified herein and make all decisions in
connection therewith.
3.2 Public Art Coordinator is hereby designated as being the representative
the City authorized to act in its behalf with respect to the work and services
specified herein and makes all decisions in connection therewith the Public Art
Coordinator. The City Manager of City shall have the right to designate another
Contract Officer by providing written notice to Contractor.
3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not
contract with any entity to perform in whole or in part the work or services
required hereunder without the express written approval of the City. Neither this
Agreement nor any interest herein may be assigned or transferred, voluntarily or
by operation of law, without the prior written approval of City. Any such
prohibited assignment or transfer shall be void.
3.4 Independent Contractor. Neither the City nor any of its employees shall
have any control over the manner, mode or means by which Contractor, its
agents or employees, perform the services required herein, except as otherwise
set forth. Contractor shall perform all services required herein as an independent
contractor of City and shall remain under only such obligations as are consistent
with that role. Contractor shall not at any time or in any manner represent that it
or any of its agents or employees are agents or employees of City.
4.0 INSURANCE, INDEMNIFICATION, AND BONDS
4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to City, during the entire term of this
Agreement including any extension thereof, the following policies of insurance.
Without limiting Vendor's indemnification of City, and prior to commencement of
Work, Vendor shall obtain, provide and maintain at its own expense during the
term of this Agreement, policies of insurance of the type and amounts described
below and in a form that is satisfactory to City.
General Liabilitv Insurance: Vendor shall maintain commercial general liability
insurance with coverage at least as broad as Insurance Services Office form CG
Contract No. C32740
00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000
general aggregate, for bodily injury, personal injury, and property damage,
including without limitation, blanket contractual liability.
Automobile Liabilitv Insurance: Vendor shall maintain automobile insurance at
least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Vendor arising out of or in connection
with Work to be performed under this Agreement, including coverage for any
owned, hired, non -owned or rented vehicles, in an amount not less than
$1,000,000 combined single limit for each accident.
Workers' Compensation Insurance: Vendor shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least $1,000,000). Vendor shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City of
Palm Desert, its officers, agents, employees and volunteers.
Umbrella or Excess Liability Insurance Vendor may opt to utilize umbrella or
excess liability insurance in meeting insurance requirements. In such
circumstances, Vendor shall obtain and maintain an umbrella or excess liability
insurance policy with limits of not less than 4,000,000 that will provide bodily
injury, personal injury and property damage liability coverage at least as broad as
the primary coverages set forth above, including commercial general liability and
employer's liability. Such policy or policies shall include the following terms and
conditions:
• A drop down feature requiring the policy to respond if any primary
insurance that would otherwise have applied proves to be uncollectible in
whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
Insureds under primary policies shall also be insureds under the umbrella
or excess policies
OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance: Vendor shall provide certificates of insurance to City as
evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement or workers' compensation. Insurance certificates and
endorsement must be approved by City's Risk Manager prior to commencement
of performance. Current certification of insurance shall be kept on file with City at
all times during the term of this contract. City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
Duration of Coveraqe: Vendor shall procure and maintain for the duration of the
contract, insurance against claims for injuries to persons or damages to property,
Contract No. C32740
which may arise from or in connection with the performance of the Work
hereunder by Vendor, his/her agents, representatives, employees or sub -
consultants.
Citv's Riqhts of Enforcement: In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled
and not replaced, City has the right, but not the duty, to obtain the insurance it
deems necessary and any premium paid by City will be promptly reimbursed by
Vendor, or City will withhold amounts sufficient to pay premium from Vendor
payments. In the alternative, City may cancel this Agreement.
Acceptable Insurers: All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
Waiver of Subroqation: All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City
of Palm Desert, its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Vendor or others providing insurance
evidence in compliance with these specifications to waive their right of recovery
prior to a loss. Vendor hereby waives its own right of recovery against City of
Palm Desert and shall require similar written express waivers and insurance
clauses from each of its sub -consultants.
Enforcement of Contract Provisions (non estoppel). Vendor acknowledges
and agrees that any actual or alleged failure on the part of the City to inform
Vendor of noncompliance with any requirement imposes no additional obligations
on the City nor does it waive any rights hereunder.
Specifications Not Limitinq: Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage, limits
or other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or to the exclusion of other coverage, or a waiver of
any type.
Notice of Cancellation: Vendor agrees to oblige its insurance agent or broker
and insurers to provide to City with a thirty (30) day notice of cancellation (except
for nonpayment for which a ten [10] day notice is required) or nonrenewal of
coverage for each required coverage.
Contract No. C32740
Additional Insured Status: General liability policies shall provide, or be
endorsed to provide, that the City of Palm Desert and its officers, officials,
employees, and agents shall be additional insureds under such policies. This
provision shall also apply to any excess liability policies.
Citv's Riqht to Revise Specifications: The City reserves the right at any time
during the term of the contract to change the amounts and types of insurance
required by giving the Vendor ninety (90) days advance written notice of such
change. If such change results in substantial additional cost to the Vendor, the
City and Vendor may renegotiate Vendor's compensation.
Self -Insured Retentions: Any self -insured retentions must be declared to and
approved by City. City reserves the right to require that self -insured retentions be
eliminated, lowered, or replaced by a deductible. Self-insurance will not be
considered to comply with these specifications unless approved by City.
Timely Notice of Claims: Vendor shall give City prompt and timely notice of
claims made or suits instituted that arise out of or result from Vendor's
performance under this Agreement, and that involve or may involve coverage
under any of the required liability policies.
Additional Insurance: Vendor shall also procure and maintain, at its own cost
and expense, any additional kinds of insurance, which in its own judgment may
be necessary for its proper protection and prosecution of the Work.
5.0 TERM
5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, the
term of this Agreement shall commence as of July 1, 2013 and shall continue
through June 30, 2014. The parties hereto further agree that they may renew
this Agreement for three (3) years as long as (1) both parties hereto agree; (2)
funding is available; (3) the City Council approves each extension; (4) Same Day
Express is not in default under the terms of the Agreement. Execution is
complete when all parties have signed the agreement. Agreement is subject to
annual budget approval by the City Council. If not approved during the budget
process the agreement will be cancelled according to the termination procedures
outlined below.
5.2 Termination Prior to Expiration of Term. Either party may terminate this
Agreement at any time, with or without cause, upon thirty (30) days' written
notice to the other party. Upon receipt of the notice of termination, the Contractor
shall immediately cease all work or services hereunder except as may be
specifically approved by the Contract Officer. In the event of termination by the
City, Contractor shall be entitled to compensation for all services rendered prior
to the effectiveness of the notice of termination and for such additional services
specifically authorized by the Public Art Coordinator and City Contractor shall be
Contract No. C32740
entitled to reimbursement for any compensation paid in excess of the services
rendered.
6.0 MISCELLANEOUS
6.1 Covenant, Against Discrimination. Contractor covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through
them, that there shall be no discrimination against or segregation of, any person
or group of persons on account of race, color, creed, religion, sex, marital status,
national origin or ancestry in the performance of this Agreement. Contractor
shall take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, color,
creed, religion, sex, marital status, national origin, or ancestry.
6.2 Non -liability of City Officers and Employees. No officer or employee of the
City shall be personally liable to the Contractor, or any successor in interest, in
the event of any default or breach by the City or for any amount, which may
become due to the contractor or to its successor, or for breach of any obligation
of the terms of this Agreement.
6.3 Conflict of Interest. No officer or employee of the City shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or
employee participate in any decision relating to the Agreement which effects his
financial interest or the financial interest of any corporation, partnership, or
association in which he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Contractor warrants that it has not paid or given
and will not pay or give any third party any money or other consideration for
obtaining this Agreement.
6.4 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any
other person shall be in writing and either served personally or sent by prepaid,
first-class mail, in the case of the City, to the City Manager and to the attention of
the Contract Officer, CITY OF PALM DESERT, 73-510 Fred Waring Drive, Palm
Desert, California 92260, and in the case of the Contractor, to the person at the
address designated on the execution page of this Agreement.
6.5 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed
for or against either party by reason of the authorship of this Agreement or any
other rule of construction which might otherwise apply.
6.6 Integration. Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this
Agreement supersedes and cancels any and all previous negotiations,
arrangements, agreements and understandings, if any, between the parties, and
Contract No. C32740
none shall be used to interpret this Agreement. This Agreement may be
amended at any time by the mutual consent of the parties by an instrument in
writing.
6.7 Severability. In the event that part of this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent
jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining portions of this agreement which are hereby declared as severable
and shall be interpreted to carry out the intent of the parties hereunder unless the
invalid provision is so material that its invalidity deprives either party of the basic
benefit of their bargain or renders this Agreement meaningless.
6.8 Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be
construed as a waiver. A party's consent to or approval of any act by the other
party requiring the party's consent or approval shall not be deemed to waive or
render unnecessary the other party's consent to or approval of any subsequent
act. Any waiver by either party of any default must be in writing and shall not be
a waiver of any other default concerning the same or any other provision of this
Agreement.
6.9 Attorney Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with
this Agreement, the prevailing party in such action or proceeding, in addition to
any other relief which may be granted, whether legal or equitable, shall be
entitled to reasonable attorney fees, whether or not the matter proceeds to
judgment
6.10 Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that (i) such party is duly organized and existing, (ii)
they are duly authorized to execute and deliver this Agreement on behalf of said
party, (iii) by so executing this Agreement, such party is formally bound to the
provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement of which said party is bound.
(Remainder of this page has been intentionally left blank;
Signature blocks contained on the next page.)
Contract No. C32740
IN WITNESS WHEREOF, the parties have executed and entered into this First
Amendment as of the date first written above.
CITY:
CITY OF PALM DESERT,
A municipal corporation
JAN C. HARNIK, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CONTRACTOR:
BRETT FIORE
Mr. Brett Fiore
Same Day Express
P.O. Box 920
Palm Desert, California 92261
760-275-2779
APPROVED AS TO FORM:
David J. Erwin, City Attorney
Contract No. C32740
Exhibit "A"
Scope of Services
SCOPE OF WORK: The City of Palm Desert's public art collection consists of
56 artworks in its permanent collection and 18 sculptures in the medians on El
Paseo. More specific project requirements are as follows.
56 pieces of the permanent collection
1. Cleaning of all 56 artworks will be required two (2) times each year
throughout the duration of the contract (July 2013 — July 2014) which
includes dusting, washing, and waxing.
2. Minor conservation work will be performed as required (removing
corrosion, graffiti, flaking, paint, water deposits, etc.). Occasional
placement of signage and installation of plaques may be needed.
3. A written report shall be included with the monthly invoice stating the
condition of the artwork before cleaning was completed as well as details
of work performed. Invoices shall be sent to the Public Art Coordinator in
the Public Art Division.
4. Color photographs of artworks before and after treatment should be taken
by the contractor as staff may request copies of them.
5. The contractor will provide staff with detailed information, including color
photographs, on any conservation or vandalism problems that may have
occurred to the art. The need for restoration work will be discussed with
staff on a case -by -case basis.
6. During the one (1) year contract, additional artworks may be added to the
collection. Each added artwork will be considered depending on level of
maintenance required.
7. The two water features located on either end of El Paseo require specific
maintenance on a monthly basis in addition to regular maintenance.
Water must be drained and flushed from the basins of the fountains and
replenished.
8. The artwork at the Palm Desert Aquatic Center consists of stained designs
integrated into the concrete deck between the pool and the changing rooms.
Specific chemicals need to be used to clean the surface once a month. Stain
touch up and sealing of the artwork is required two (2) times a year.
The City of Palm Desert's permanent collection includes the following artworks.
Art Piece
Location
Medium
"C" is for Cat
Library
Bronze
Dance of Discovery
Library
Mosaic
Giraffe
Library
Bronze
Perpetual Motion
Library
Stainless Steel
Puffed up Prince
Library
Bronze
Contract No. C32740
Reminiscing
Scroll Fence
Balance
CA Quail, Pear Cactus, Lizards,
Sunflowers and Snowbirds
Colleagues
Coyote Benches
Danseur
Desert Dessert
Desert Flower/Desert Star
Dreamer
Holocaust Memorial
Legends Field
Messenger of the Puul
Midstream
Mother Child Sculpture Garden
Neoglyphs
Peace Memorial
Swim, Dive, Play
Proceed with Caution
Rose Garden
Self Preservation -Revised
Today
One on One
R. Hero
Agave
Baja Palapa
Fat Happy/Bus Shelter
Palm Desert Obelisk
The Roadrunner (entry sign)
Aspiration
Caftan
Charger
Clifford Henderson Bust
Sunrise, Sunset
Mountain Lions
Passing /t Along
Chihuly Chandelier
Agave (Entry Sign)
Gravity Wave (Entry Sign)
Lily Pad Bench
Reaching Glory
Pathways Through Life
Desert Road Fence
Library
Library
Civic Center (Sheriff's Station)
Bronze
Stainless Steel
Civic Center (Amphitheater)
Civic Center (Sheriff's Station) Bronze
Civic Center Park Concrete
Civic Center (in front) Bronze
Civic Center Park
Painted Steel
Civic Center (Two Story Building)
Powder Coat Steel
Civic Center Park
Bronze
Civic Center Park
Bronze/Marble
Civic Center Park (Baseball fields)
Civic Center Park (Fred Wrng Entrance)
Bronze
Civic Center Park
Bronze
Civic Center (east of Tot Lot)
Bronze, terrazzo
Civic Center Park (Throughout)
Stone
Civic Center Park (San Pablo Entrance)
Marble, stone
Civic Center Park Aquatic Center
Stain on concrete
PD Aquatic Center
Bronze
Civic Center Park
Mosaic, tile, cncret
Civic Center Park
Bronze
Civic Center Park (Baseball fields)
Painted metal
Historical Society
Bronze
Median in front of Historical Society
Fred Waring (east of San Pascual)
Fred Waring and Primrose
Hwy III and San Luis Rey
Palm Desert Country Club Entrance
Washington/Fred Waring (NW corner)
El Paseo and Highway III, East end
El Paseo and Highway III, West end
Hwy III (From Indian Wells)
Hwy III (From Rancho Mirage)
El Paseo and Sage
Wells Fargo Bank (Hwy 111/Mont)
Wells Fargo Bank (Hwy 111/Mont
Near PD Soccer Park
Bronze
Painted Aluminum
Alum. Fuel Tanks
Concrete, mosaic
Powder Coat Finish
Mosaic
Bronze & Stainless
Painted Concrete
Painted Steel
Bronze
Patina
Bronze
Bronze
Blown Glass
Stone
Stone
Stainless Steel
Painted metal
Painted metal
Painted Fence
Contract No. C32740
Marfa
For Our Freedom
Ascension
Recycle
Graceful Agave and A Tribute to
Smoke trees: Serenity
A Birdie on the 18th
Desert Bloom
Steelroots (temporary)
Bighorn Sheep
Desert Bloom
Fred's Skies
Sun Catcher
Aztec Scout
Duality
Urban Tree
El Paseo and Portola
Freedom Park
El Paseo Median west of Hwy 74
El Paseo Median (near Vons)
El Paseo and San Luis Rey
El Paseo and San Pablo
Desert Willow Golf Resort
Fred Waring in front of Parkview Bldg
NW Corner Fred Waring/COD
SW Corner Fred Waring/COD
Fred Waring/Town Center Way
El Paseo and Larkspur
Fred Waring and Phyllis Jackson
Desert Willow Golf Resort
To be determined
18 Sculptures on El Paseo
Painted steel
Bronze
Painted steel
Recycled materials
Traffic Sig. Cabinet
Traffic Sig. Cabinet
Stone with glass
Painted Steel
Traffic Sig. Cabinet
Traffic Sig. Cabinet
Traffic Sig. Cabinet
Traffic Sig. Cabinet
Traffic Sig. Cabinet
Stainless Steel
Stainless Steel
1. The work will consist of monthly cleaning as per the artist or the artist
representative's instructions (included) for each sculpture. In lieu of
specific instructions, the minimum monthly cleaning will consist of
dusting, washing (with purified water and non-abrasive sponge), and
drying with a soft, lint free towel. Sculptures requiring waxing will be
treated twice a year.
2. The sculptures, pads, and lighting fixtures will be dusted and cleared of
spider webs and debris.
Art Piece, Artist
Without Limits, Ocamposilva
Betty, Dore Capitani
Chamber Quintet, Ana Lazovsky
Harvest, Patrick Blythe
Taking Flight, Alisa Looney
Urban Tree, Carlos Basanta
Hot Metal Flower Bouquet, Simmer
Duality, Heath Satow
Sun -Catcher, DeeDee Morrison
Location
El Paseo and Ocotillo (CPK), Pad 1
Between Ocotillo and Sage, Pad 2
Between Ocotillo and Sage, Pad 3
Between Ocotillo and Sage, Pad 4
Between Ocotillo and Sage, Pad 5
Between Sage and Lupine, Pad 6
Between Sage and Lupine, Pad 7
Between Lupine and San Pablo, Pad 8
Between Lupine and San Pablo, Pad 9
Contract No. C32740
Ask the Fish, Stephen Fairfield
Between San Pablo and Larkspur
(Adjacent to The Gardens), Pad 10
Rooster Stele, Delos Van Earl
Between San Pablo and Larkspur
(Adjacent to The Gardens), Pad 11
Entwined Line, C.J. Rench
Between San Pablo and the Gardens
(Adjacent to The Gardens), Pad 12
Cross -Over, Michael Anderson
Between Larkspur and San Luis Rey,
Pad 13
Handstand, Daniel Stern
Between Larkspur and San Luis Rey,
Pad 14
Sunflower, Patricia Vader
Between San Luis Rey and Portola
(Adjacent to Escada), Pad 15
Monsieur D'Or and Mademoiselle D'Argent,
Karen and Tony Barone
Between San Luis Rey and Portola,
Pad 16
Rocket, DeeAnn Wagner
Between San Luis Rey and Portola
(Adjacent to Cliff Henderson bust),
Pad 17
Desert Tees, Daniel Meyer
El Paseo and Portola, Pad 18
Contract No. C32743
CONTRACT SERVICES AMENDMENT FOR
MAINTENANCE SERVICES OF THE CITY OF PALM DESERT'S PUBLIC ART
COLLECTION AND THE SCULPTURES IN THE EL PASEO EXHIBITION
THIS CONTRACT SERVICES AMENDMENT (herein "Amendment") is made and
entered into this 14th day of April 2016, by and between the CITY OF PALM DESERT,
a municipal corporation (herein "City") and Same Day Express (the "Contractor").
NOW, THEREFORE, the parties hereto agree as follows:
A. Section 5. RESPONSIBILITY OF THE PARTIES is amended to change the
time period of the term in sub -section 5.1 as amended, to July 1, 2016 to June 30, 2017
and to add the following paragraph to the end of the existing section:
"The term of this Agreement is extended, and shall include the time period from
July 1, 2016 through June 30, 2017. City or Contractor may terminate this Agreement,
as amended, for no cause, on the giving of thirty (30) days' written notice to the other
party."
B. All other terms and conditions of the Agreement, as amended, shall remain
unchanged and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed and entered into this Amendment
as of the date first written above.
CITY OF PALM DESERT
ROBERT A. SPIEGEL, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
Contract No. C32743
APPROVED AS TO FORM:
ROBERT HARGREAVES, CITY ATTORNEY
CONTRACTOR:
SAME DAY EXPRESS
Brett Fiore
Same Day Express
P.O. Box 920
Palm Desert, California 92261
760-275-2779