HomeMy WebLinkAboutRatify C38440 Assignment of Contract from GDG to GDG, Inc. El Paseo Courtey Cart ServiceMEETING DATE
PREPARED BY
REQUEST
Recommendation
STAFF REPORT
CITY OF PALM DESERT
ECONOMIC DEVELOPMENT DEPARTMENT
January 23, 2020
Deborah S. Glickman, Business Advocate
Ratify the assignment of Contract No. C38440 from GDG to GDG,
Inc. for Services to Operate the El Paseo Courtesy Cart Service.
By Minute Motion, ratify the assignment of Contract No. C38440 from GDG
to GDG, Inc. for Services to Operate the El Paseo Courtesy Cart Service.
Strateqic Plan Obiective
The El Paseo Courtesy Cart program 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.
Background Analysis
At its regular meeting of June 13, 2019, the City Council authorized contracting with Glyn
Gray dba GDG for the operations of the El Paseo Courtesy Carts. Since the execution
of the contract Glyn Gray dba GDG has incorporated and is now GDG, Inc. In December
2019, the City Manager approved an assignment of Contract No. C38440 to GDG, Inc.
The assignment of the contract allows for regular payments to the contractor under its'
new business name. With this report, staff is requesting that the City Council ratify the
assignment of Contract No. C38440 to GDG, Inc. There are no changes to the terms of
the contract, solely a change of name for the company.
January 23, 2020 - Staff Report
Assignment of Contract — GDG, Inc.
Page 2 of 2
Fiscal Analysis
There are no fiscal implications of this item.
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW I ASSISTANT
CITY MANAGE J
/ Martin Alvarez
Robert W. Hargreaves Director of Economic et M. Moore Andy F re ;tine
City Attorney Development Director of Finance Assist ity Manager
I
C1t�Manager Lauri Aylaian
VENDOR: GDG, Inc.
74450 Goleta Avenue
Palm Desert, California 92260
ATTACHMENT: Executed Assignment of Contract
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C38440
ASSIGNMENT OF PALM DESERT CONTRACT NO. C38440
FOR SERVICES TO OPERATE THE
EL PASEO COURTESY CART SERVICE
THIS ASSIGNMENT AGREEMENT ("Assignment Agreement") is entered into as
of December 10, 2019 ("Effective Date") by and between the City of Palm Desert, a
California public agency ("City") and GDG, Inc., a California Corporation ("GDG, Inc.")
City and GDG, Inc. may be collectively referred to herein as the "Parties".
RECITALS
1. On October 11, 2019, City and Glyn Donald Gray dba GDG ("Glyn") entered
into Palm Desert Contract No C38449 ("Contract") for services to operate the City's El
Paseo Courtesy Carts.
2. On or about August 23, 2019, Glyn assigned all its rights under the Contract
to GDG, Inc.
NOW THEREFORE, in consideration of the foregoing and the mutual covenants
and conditions contained herein, the Parties hereto agree as follows:
ASSIGNMENT OF CONTRACT
1. Incorporation of Recitals. The foregoing Recitals are hereby incorporated
by this reference as though fully set forth at length herein.
2. Assignment of Riahts, Obliqations. City and GDG, Inc. hereby agree, that
as of the Effective Date, all of Glyn's rights, responsibilities, obligations, duties,
covenants, promises, and liabilities under the Contract are hereby assigned to, and
assumed, by GDG, Inc. and GDG, Inc. agrees to fully perform such responsibilities,
obligations, duties and liabilities and fulfill such covenants and promise and that the Contract
remains in full force and effect pursuant to its terms.
3. Ability to Perform. GDG, Inc. hereby represents and warrants that it is able
to fully perform any and all duties, obligations, covenants, promises, and liabilities as they
may exist under the Contract.
4. Entire Agreement/Amendment. This Assignment Agreement constitute the
entire agreement between the Parties with respect to the assignment and the assumption
of the Contract, and supersedes all prior agreements and understandings between the
Parties with respect thereto. This Assignment Agreement may not be amended or
altered, except by a written instrument executed by both of the Parties.
5. Counterparts. This Assignment Agreement may be executed in one or
more counterparts, each of which when so executed will be deemed to be an original.
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C38440
SIGNATURE PAGE FOR ASSIGNMENT AGREEMENT
IN WITNESS WHEREOF, the parties have respectively signed this Assignment
Agreement as of the date and year first above written.
CITY OF PALM DESERT
By:
LAURI AYLAIAN, CITY MANAGER
ATTEST:
APPROVED AS TO KORM:
BEST EST & KRI E
CITY A ORNEY
GDG, INC., A CALIFORNIA
CORPORATIO
By:
Its:
Printed
Name: L qN
r
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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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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 r ,�
County of V , k I ,V S �il�
On Q(J Y before me> `/ d" /,104Jill�// �/�. 101ih, (°
Dote Here Insert Na/ne and Title of tlfe 04icer
personally appeared /�'% vl lPl�/iL
/ Name(s) Signer(s)
who proved to me on the basis of satisfactory evidence to oe the person(s) whose name(s) is/aMsubscribed
to the within instrument and acknowledged to me that he/s ey executed the same in his/he,44ier
authorized capacity(ies), and that by his/ etr signatures) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
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JULIO RAMIREZ
a�� y� Commission a 2138975
P. Notary'uoiic - California
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sty COMMS_.on Er;; _AtiJARY 2 2020
Place Notary Seal and/or Stamp Above
1 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 o f al seal.
Signat re
S' ure of N ublic
OPTIONAL -- -- —
Completing this information con deter alteration of the document or
fraudulent reattachment of this form to on unintended document.
Description of Attached Document
Title or Type of 'Document:
Document Dave:
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
Number of Pages:
Signet's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
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�.2018 National Notary Association