HomeMy WebLinkAbout05 C39422 GDG Courtesy Cart Svcs FY 21-22 Amendment 2Contract No. C38442
STAFF REPORT
CITY OF PALM DESERT
DEVELOPMENT SERVICES DEPARTMENT
MEETING DATE: September 30, 2021
PREPARED BY: Deborah S. Glickman, Business Advocate
REQUEST: Approve a one (1) year extension to the contract between the City
of Palm Desert and GDG, Inc. to provide El Paseo Courtesy Cart
services for Fiscal Year 2021/2022.
________________________________________________________________________
Recommendation
By Minute Motion:
1. Approve Amendment No. 2 to Contract No. C38440 with GDG, Inc. in
an amount not to exceed $118,000, including regularly scheduled,
special events, flex hours, and vehicle maintenance/repairs for the
operation of the El Paseo Courtesy Cart Program during Fiscal Year
(FY) 2021/2022;
2. Authorize the Mayor to execute said contract and allow the City Attorney
to make non-substantive changes;
3. Approve an expenditure of up to $21,000 for Commercial Automobile
Liability Insurance for the three (3) Courtesy Carts; and
Funds for this program are in the FY 2021/2022 budget in Account Number
1104416-4368100, Courtesy Carts.
Strategic Plan Objective
The approval of Amendment No. 2 of the El Paseo Courtesy Cart operator’s contract
aligns with the City’s Envision Palm Desert Strategic Plan in the following areas:
• Economic Development Priority 4: Expand and raise awareness of business-
friendly services in order to retain and attract business.
• Transportation Priority 3: De-emphasize the use of single/low occupancy vehicles
and optimize multiple modes of travel.
September 30, 2021 – Staff Report
GDG, Inc. Contract Amendment No. 2
Page 2 of 3
Executive Summary
Approval of staff’s recommendation will allow the City to extend the contract with GDG,
Inc. for the operation of the El Paseo for one (1) year at an amount not to exceed $118,000
during FY 2021/2022. The operation of the carts will commence on October 15, 2021,
and end on May 30, 2022.
The not-to-exceed amount of $118,000 includes $113,500 for operating the carts during
its regularly scheduled, special event, and flex hours. The flex hours will be used to
experiment with cart operation hours by extending them at strategic times to see if
ridership increases and if hours of operation need to be augmented to create a more
rider-friendly schedule. Additionally, the $118,000 includes a $4,500 allowance for cart
maintenance and repairs as needed with staff approval. Additional funds in the amount
of $21,000 have been requested in the FY 2021/2022 budget for the City to purchase
Commercial Automobile Insurance for the three (3) Courtesy Carts.
Discussion
After a competitive bidding process, the City Council approved a one-year contract with
GDG, Inc. to operate the El Paseo Courtesy Carts. The contract allows for it to be
renewed by the City Council for up to two (2) one (1)-year periods. If approved, this will
be the second renewal of this agreement and staff will go out to bid for cart operations in
the next fiscal year (FY 22/23).
GDG, Inc. has offered high-quality service for the past two (2) years of this contract.
During the last season ridership remained high as indicated in the table below:
FY 20/21
October
N/A
(COVID)
November 2,141
December 2,418
January 2,542
February 3,416
March 5,022
April 5,107
May 4,092
Based on the quality of service staff recommends approval of the amendment to continue
using GDG, Inc. as the programs’ service provider.
September 30, 2021 — Staff Report
GDG, Inc. Contract Amendment No. 2
Page 3 of 3
Fiscal Analysis
Funds were approved as part of the FY 2021/2022 budget in the Courtesy Cart Account
Number 11004416-4368100 for the proposed contract with GDG, Inc. in the amount of
$118,000 and City purchased Commercial Automobile Liability insurance in the amount
of $21,000.
LEGAL
REVIEW
RH
Robert W.
Hargreaves
City Attorney
DEPT. REVIEW
Eric Ceja
Deputy Dir. of
Development
Services
DEPT.
REVIEW
Martin Alvarez
Dir. of
Development
Services
City Manager: L. Todd Hileman: L. Todd 1-1-i.Leokaw
ATTACHMENTS: Contract C38440
Amendment No. 2
Annual Ridership Data
Vendor:
GDG, Inc.
74550 Goleta Avenue
Palm Desert, California 92260
*By Minute Motion, approve the
recommendations and amend the
expenditure for Commercial Automobile
Liability Insurance for the three (3)
Courtesy Carts to $22,749.07, per quote
received.
FINANCIAL
REVIEW
Janet Moore
Director of
Finance
ASSISTANT
CITY
MANAGER
Andy
Firestine
Andy Firestine
Assistant City
Manager
CITY COUNCILLTION
APPROVED DENTED
RECEIVED OTHER
MEETING A fief' AYES/f�/ j 4 NSOi2V 4i//( /7/ 7, t
�
NOES: NO?'
ABSENT:
ABSTAIN:
VERIFIED BY'
Original on File with CI j Clerk's Office
72500.00001\33060413.1
W:\Staff Reports - Shared 2\Staff Reports 09-30-2021\4 - Norma - 09-30-2021\05 Courtesy Cart Ext\Amendment 2.doc
Page 1 of 2
AMENDMENT NO. 2 TO THE AGREEMENT FOR SERVICES TO
OPERATE THE EL PASEO COURTESY CART SERVICE
BETWEEN THE CITY PALM DESERT AND GDG, INC.
Contract No. C38442
1. Parties and Date.
This Amendment No.2 to the Agreement for Services to Operate the El Paseo Courtesy Cart
Service is made and entered into as of this 30th day of September, 2021, by and between the City of
Palm Desert (“City”) and GDG, Inc., a Corporation with its principal place of business at 74450
Goleta Avenue, Palm Desert, California 92260 (“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
“Agreement for Services to Operate the El Paseo Courtesy Cart Service” dated June 13, 2019
(“Agreement” or “Contract”) for the purpose of retaining the services of Contractor to provide
operations for the El Paseo Courtesy Cart service.
2.2 Amendment. The City and Contractor desire to amend the Agreement for operation
of the Courtesy Carts from October 15, 2021, to May 30, 2022, or any such dates as authorized by
City.
2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 6 of
the Agreement.
3. Terms.
3.1 Terms. Section 6 of the Agreement is hereby amended in its entirety to read as
follows:
“6. Term: Unless earlier terminated in accordance with Section
6.2 of Agreement C38440, the terms of this Agreement shall
commence on October 11, 2019, and shall continue through May
31, 2021. 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 canceled according to the termination
procedures outlined below.”
3.2 Clarification on Ability to Suspend Service. Section 2a is hereby added to the
Agreement:
“Notwithstanding anything herein to the contrary, the City shall have the right to
immediately suspend service if necessary to comply with a state or county health orders. “
72500.00001\33060413.1
W:\Staff Reports - Shared 2\Staff Reports 09-30-2021\4 - Norma - 09-30-2021\05 Courtesy Cart Ext\Amendment 2.doc
Page 2 of 2
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No 2, all
other provisions of the Agreement 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.
3.4 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.
3.5 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.
3.6 Counterparts. This Amendment No. 1 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.
IN WITNESS WHEREOF, the Parties have entered into this Amendment No.2 to the
Agreement for Services to Operate the El Paseo Courtesy Cart Service as of the day and year first
above written.
CITY OF PALM DESERT
Approved By:
Kathleen Kelly, Mayor
Date
Attested By:
Norma I Alley, City Clerk
GDG, INC.
Signature
Name
Title
Signature
Name
Title
CITY OF PflIM DESERT
73—j I O FRED WARING TiRIVE
PALM DESERT, CALIFORNIA �22ii0-2j 7R
TEL:7G0 34G-oGii
info @ cityofpalmdesert. org
July 22, 2019
Glyn Donald Gray d.b.a. GDG
74450 Goleta Avenue
Palm Desert, California 92260
Dear Sir or Madam:
Subject: Contract No. C38440 — Oaeration of the EI Paseo Courtesv
Carts for Fiscal Year 2019-2020
At its regular meeting of June 13, 2019, the Palm Desert City Council, by Minute Motion,
approved/authorized: 1) Subject contract with Glyn Donald Gray d.b.a. GDG in an
amount not to exceed $118,000, including regularly scheduled, special event, and flex
hours, and vehicle maintenance/repairs for operation of the EI Paseo Courtesy Cart
Program during FY 2019-2020; 2) Mayor to execute said contract, allowing City
Attorney to make non-substantive changes;
Enclosed is a fully executed Agreement for your records. If you have any questions or
require additional information, please do not hesitate to contact us.
Sincerely,
/ �
�=Fi��.���i► ���
., � ,
RDK/mgs
Enclosure (as noted)
cc/enc: Deborah Glickman, Business Advocate
Finance Department
��� PRIXiEO ON XF(Y(lE� P.1PER
CONTRACT NO. C38440
AGREEMENT FOR SERVICES TO OPERATE
THE EL PASEO COURTESY CART SERVICE
OCTOBER 11, 2019 THROUGH MAY 25, 2020
This Agreement dated June 13, 2019 is entered into between the City of Palm
Desert (CITY) and Glyn Donald Gray dba GDG, an individual residing in Palm
Desert, California (CONTRACTOR), for the operation of the EI Paseo Courtesy Cart
Service, a non-fixed route public transit service within the City of Palm Desert. This
Agreement shall cover the period beginning on October 11, 2019, and ending on May
25, 2020.
1. Background: The CITY desires that CONTRACTOR operate the EI
Paseo Courtesy Cart Service along EI Paseo within the City of Palm Desert during the
contract period. The CONTRACTOR will provide these services while operating two
(2) Neighborhood Electric Vehicles (NEV) owned by the City of Palm Desert. The
courtesy cart services are offered free of charge to the general public and shoppers
on EI Paseo, and the CONTRACTOR shall neither charge for services nor solicit tips
in any manner for the services.
2. Vehicle Operation: Vehicles shall be in regular service seven days per
week in accordance with the attached Schedule: 11:00 a.m. through 6:00 p.m. daily,
starting October 11, 2019 - May 25, 2020 (days subject to change by the CITY),
including holidays, except Christmas Day and Thanksgiving Day. Vehicles are
permitted to be out of service for one half-hour plus two 15-minute breaks during each
seven-hour operating period. No breaks shall be taken consecutively. At direction of
the CITY, more hours may be added to the schedule described herein, or may be
reduced from this schedule. In the event that the number of hours is changed, the
contract amount will be adjusted accordingly by application of the unit rates contained
in the CONTRACTOR's Proposal. The CITY retains the right to increase, decrease,
or, with thirty (30) days' notice, to suspend or cancel the service for any period at any
time.
The CONTRACTOR shall provide neatly-attired professional drivers whose
appearance is appropriate for the context in which they will be working (company golf
shirts, for example).
3. Vehicle Maintenance: CONTRACTOR shall perform all routine
preventative maintenance on the vehicles in accordance with the manufacturer's
recommendations. The regular preventative maintenance items shall include labor and
fluids as required. CONTRACTOR will also perform routine safety inspections every
fourteen days during the term of this Agreement. All routine maintenance costs based
on vehicles are included in this Agreement. If extraordinary repairs become necessary,
CONTRACTOR will meet with the CITY to determine if costs of repairs will be borne
by the CITY, if substitute vehicles might be used, or other options should be explored.
Cost of vehicle preventative maintenance shall be carried in CONTRACTOR's lump
sum price for courtesy cart operation. Any extraordinary repair costs will be paid by
the CONTRACTOR and reimbursed through billings attached to the monthly invoices.
4. Fees and Payment: Payment to CONTRACTOR will be made as follows:
A. Operation of the EI Paseo Courtesy Cart Service: An amount
CONTRACT NO. C38440
as described in the contract documents and any additional extraordinary maintenance
costs associated with repairs $4,500 as described in Section Three (3) of this contract
for a total not to exceed $118,000. The City will be responsible for providing
Commercial Automobile Liability Insurance for three (3) Courtesy Carts. Vehicle hours
include routine service, "dead head" hours, and any layover time requiring a vehicle
operation. Adjustments to compensation will be paid at the unit rates of $33.50
per vehicle hour straight time and $38.50 per vehicle hour overtime for additional NEV
operation requested by the CITY beyond the following schedule: Vehicles will run in
accordance with the attached Schedule, Exhibit A.
B. Cleaning of the vehicles: The NEVs will also have their interiors
cleaned on a daily basis and will have their exteriors washed on a weekly basis.
The cost of these services will be carried in CONTRACTOR's lump sum price
for courtesy cart service operation.
C. Insurance: Prior to the beginning of and throughout the duration
of the work, CONTRACTOR will maintain insurance in conformance with the
requirements set forth below. CONTRACTOR will use existing coverage to
comply with these requirements. If that existing coverage does not meet the
requirements set forth here, it will be amended to do so. CONTRACTOR
acknowledges that the insurance coverage and policy limits set forth in this
section constitute the minimum amount of coverage required. Any insurance
proceeds available to CITY in excess of the limits and coverage required in this
agreement and which is applicable to a given loss, will be available to CITY.
Indemnity for liability: The CITY, as registration holders and
maintainers of the vehicles, will insure the vehicles against damage or loss and
also provide vehicle liability coverage indemnifying the CONTRACTOR against
damages that might occur which are beyond the control of the driver or result
from mechanical failure. The CONTRACTOR will be required to hold the
harmless CITY and endorse their liability insurance with the CITY as an
additional insured to protect against damages that might occur as a result of
driver error, which would include failure to follow established safety guidelines.
CONTRACTOR shall indemnify, defend, and hold harmless the City, and its
officers, employees, and agents ("City indemnitees"), from and against any
and all causes of action, claims, liabilities, obligations, judgments, or damages,
including reasonable legal counsels' fees and costs of litigation ("claims")
arising out of the Contractor's performance of its obligations under this
agreement or out of the operations conducted by Contractor, including the City's
active or passive negligence, except for such loss or damage arising from the
sole negligence or willful misconduct of the City. In the event the City indemnitees
are made a party to any action, lawsuit, or other adversarial proceeding arising
from Contractor's performance of this agreement, the Contractor shall provide a
defense to the City indemnitees, or at the City's option reimburse the City
indemnitees their costs of defense, including reasonable legal counsels' fees,
incurred in defense of such claims.
CONTRACT NO. C38440
Contractor shall not commence work under this Agreement until it has provided
evidence satisfactory to the City of Palm Desert that it has secured all insurance
required under this section. In addition, Contractor shall not allow any
subcontractor(s) to commence work on any subcontract until it has provided
evidence satisfactory to the City that the subcontractor(s) has secured all
insurance required under this section.
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor 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: Contractor shall maintain commercial
general liability insurance with coverage at least as broad as
Insurance Services Office form CG 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. Defense costs shall be paid in
addition to the limits. The policy shall contain no endorsements or
provisions limiting coverage for (1) contractual liability; (2) cross
liability exclusion for claims or suits by one insured against another;
or (3) contain any other exclusion contrary to the Agreement.
ii. Workers' Compensation Insurance: Contractor shall maintain
Workers' Compensation Insurance (Statutory Limits) and Employer's
Liability Insurance (with limits of at least $1,000,000). Contractor
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.
iii. Umbrella or Excess Liability Insurance: Contractor may opt to utilize
umbrella or excess liability insurance in meeting insurance
requirements. In such circumstances, Contractor 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
CONTRACT NO. C38440
OTHER PROVISIONS OR REQUIREMENTS
Insurance for Subcontractors: All subcontractors shall be included as additional
insureds under the Contractor's policies, or the Contractor shall be responsible
for causing subcontractors to purchase the appropriate insurance in compliance
with the terms of these Insurance Requirements, including adding the City as an
Additional Insured to the subcontractors' policies. Contractor shall provide to City
satisfactory evidence as required under Insurance Section of this Agreement.
Proof of Insurance: Contractor 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 Coverape: Contractor shall procure and maintain for the duration of
the contract, insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Work
hereunder by Contractor, 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
Contractor, or City will withhold amounts sufficient to pay premium from
Contractor 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 the 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 the City of
Palm Desert, its elected or appointed officers, agents, officials, employees and
volunteers and shall require similar written express waivers and insurance
clauses from each of its subcontractors.
CONTRQCT NO. C38440
Enforcement of Contract Provisions (non estoppell. Contractor acknowledges
and agrees that any actual or alleged failure on the part of the City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on the City nor does it waive any rights hereunder.
Primary and Non-Contributinq Insurance: Coverage provided by Vendor shall be
primary and any insurance or self-insurance procured or maintained by City shall
not be required to contribute with it. The limits of insurance required herein may
be satisfied by a combination of primary and umbrella or excess insurance. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision
that such coverage shall also apply on a primary and non-contributory basis for
the benefit of City before the City's own insurance or self-insurance shall be
called upon to protect it as a named insured.
Requirements 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. If the Vendor maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher
limits maintained by the Vendor. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available to the
City.
Notice of Cancellation: Contractor 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.
Additional Insured Status: General liability, automobile liability, and if applicable,
pollution liability and cyber liability, policies shall provide or be endorsed to
provide that the City of Palm Desert and its officers, officials, employees, agents,
and volunteers shall be additional insureds under such policies. This provision
shall also apply to any excess/umbrella liability policies.
Prohibition of Undisclosed Coveraae Limitations. None of the coverages required
herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved
of in writing.
Separation of Insureds. A severability of interests provision must apply for all
additional insureds ensuring that Vendor's insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect
to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability
exclusions.
CONTRACT NO. C38440
Pass Throuqh Clause. Vendor agrees to ensure that its sub-consultants,
subcontractors, and any other party involved with the project who is brought onto
or involved in the project by Vendor, provide the same minimum insurance
coverage and endorsements required of Vendor. Vendor agrees to monitor and
review all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section. Vendor
agrees that upon request, all agreements with consultants, subcontractors, and
others engaged in the project will be submitted to City for review.
Citv's Ftiqht to Revise Specifications: The City or its Risk Manager 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. If the City
reduces the insurance requirements, the change shall go into effect immediately
and require no advanced written notice.
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.
Timelv Notice of Claims: Contractor shall give City prompt and timely notice of
claims made or suits instituted that arise out of or result from Contractor'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.
Safetv. Vendor shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Vendor shall
at all times be in compliance with all applicable local, state and federal laws, rules
and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which
the work is to be performed. Safety precautions, where applicable, shall include,
but shall not be limited to: (A) adequate life protection and lifesaving equipment
and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders,
bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate
facilities for the proper inspection and maintenance of all safety measures.
CONTRACT NO. C38440
Annual Driver Review: CONTRACTOR shall at least annuaily review the
performance and OMV history of each driver and advise the City of any incidents
that have occurred driving or otherwise in the performance of the driver duties.
CONTRACTOR shall be responsible for appropriate training of aii drivers (new
and old) in their duties and proper vehicle operation.
D. Payments: CONTRACTOR shall invoice the CITY by the
fifteenth of each cafendar month for the preceding month's fees. Terms of the
invoices shalf be net thirty days.
5. Other: CONTRACTOR shall make available City of Palm Desert
information in the NEVs. The CITY shall furnish brochures and printed literature in
adequate quantities such that CONTRACTOR can restock the information carried in
the vehicles on an as-needed basis.
CONTRACTOR shall not charge persons wishing to use the parking shuttie
service, nor shall the driver soficit tips in any matter. Use of a tip baskef is expressiy
forbidden.
Driver shall be subject to review and approval by the CITY. Drivers will be
required to be able to answer questions and give information regarding the City of
Palm Desert, and its history, in a courteous and helpful manner. At the request of the
CITY, CONTRACTOR shall replace any driver found lacking in professionalism or
courtesy, or not presenting himJherself in a neat and professional manner while on
duty.
Driver shall be responsibfe for retrieving NEV from the supplied storage location
and for returning the NEV there at the end of each shift. Driver will also be responsible
for recharging the vehicle and promptly reporting any malfunctions of either the vehicle
or the recharging apparatus maintained at the storage location.
CONTRACTOR is responsible for providing all cleaning materiafs needed to
maintain the exterior and interior of the vehicles in a like-new condition.
6. Term: Unless earlier terminated in accordance with Section 6.2 be(ow, the
term of this Agreement shall commence as of October 11, 2019 and shall continue
through May 25, 2020. The parties hereto furfher agree that they may renew this
Agreement for two (2) years as long as (1) both parties hereto agree; (2) funding is
available; (3) the City Council approves each extension; (4) GDG 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 wiil be cancelled according to the
termination procedures outlined below.
CONTRACT NO. C38440
6.2 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 the Contractor.
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 City and City Contractor shall be entitled to reimbursement for any
compensation paid in excess of the services rendered. Contractor may terminate its obligation to
provide further services under this Agreement upon thirty (30) calendar days' written notice to the
City only in the event of substantial failure by the City to perform in accordance with the terms of
this Agreement through no fault of Consultant
IN WITNESS WHEREOF, the parties hereto have executed or caused to be
executed by their duly authorized officials, this Agreement which shall be deemed an
original on the date first above written.
CITY OF PALM DESERT
By: ��- �--ti-�.�-
Susan Marie Weber, Mayor
CONT R
By: ;
Signature ��
O w n,t � t�—.
Title
Attest: Attest:
Ra elle . Klassen City erk Signature
Title
ey
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California 1
County of ��VC�Sr� j
On J V� � J i � v �"I before me,
Dafe
� � �4 Ga��oS
Here Insert Name and Title of the Ofircer
personally appeared t`> >`1 Yl � l���
� Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
� J. A CAMPOS �
COMM. #2289066 �
a� Notary Public • Califomia a
z Riverside County �
MY Comm. Expires May 19, 2023 +
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature '
Signature of Notary Public
OPTIONAL
Completing this information can deter a/teration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity{ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
�02018 National Notary Association
� v y m= m o� o Q
,c � 6 � " c ❑ � Z
� n�i � � � m � _
� � � �
� -� �
m
O
�
m
�
�
�
Z
N fV h7 R7 N N R? N 2
Q
v
O d
� � ry
� � �
�
. � N
Vl �
� �
¢7 �
N `�
N
� �.
'C �
�
a
�
�� :f7
Q �
N �
N �
@ Q
n m `� �'
N � J �
z
°7 o n
N
Q � � �
� v � �
� �
� � �
o r.� �
C7 � C
� N C/J
� o o_
�
� � a � �, � Q � � cn
� � � � � � � o n v
m
y � � n
1' A
� r
-� x
x a
� N N A7 R] N N N!�7 C
� A1 ¢1 ¢� A�1 A1 R� �.� C19
N N N V�1 fA V1 N Lh N C
rn
x
�orj, cn g[n [n cn v� cs� N
� � � � � � �
y N + C�i N V� N N
„
m
N
�
0
�
�
m
�
n n z � � � o �
� � � � N �
� � � � � Q
a' cn cn .� �
Z Z �+ 7� � Z y a
•S �
�1 V � � v y � ,{ �
o ��i+ c�"'so m� N w w � o
.� o �c
W 1 � � � W � N � �
C r3 VVi O in A �! �l G V!
rr'i n o� n n v�
N � N �
o � � o
f�7! Z Z N 1l
L �
C �
!D �
� d 3 Q' �
O O � � ~ v fii 'C
0 0 � 4 � allo m .0 o
� w 1 � �"
O O � ❑ N N Q7 � CI N
n � o m n n o�
ILi „� N �
p � � Q
m �
� z Z �
� d
� n
�e �
0 o y � y � [�i �C
� � 01 j W � �
Q O � 0 N ,� p
� � w N � � �
O � O G IA A �J �1 Q N
C�7 n p� n Cn�7 0�
N � � �
p � � Q
� r��n � z N
a
� ,� va
c
d o o � m� � v � m
c y K � �
�
�
m � d o 0 0 .� q
a o a c
�
w
i � A N R] � �
0 a 4 d C W O � b 4 rR
� � p �
Q �
m m
y �
�
[s.
IR9
O 0 y � �
0 0 � a
G a � �
❑ T!�
n � z c�
� C7 0 �
�
w
`C Q
N �
� �
tb
V V � � �
m
� z
n v
n;'i 1 � •�c a m �
Q �
� m
r.�„ y ti D N i77 ri�:
a �
� T
� N
n
�`�' p� °A
� �
� �
o r„
Z �
� � r� �
w �
Z 2 y 2 O
v
c
ro
�
�
�1 �! � A7 �
[-il .G
L.�I N h] � �
pD [O [� .,� O
O Q O � S
CI W W G N
� n v �
� � O
w
z z N � n
ro �
� �
ti V � � � �
n
o �o' o � �
� �
A N � � S
Q O O Q y