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HomeMy WebLinkAboutC35631 - El Paseo Courtesy Cart- Glyn D. Gray CONTRACT N . C35631 CITY OF PALM DESERT ECONOMIC DEVELOPMENT DEPARTMENT STAFF REPORT REQUEST: APPROVE CONTRACT NO. C-35631 WITH GLYN DONALD GRAY dba GDG FOR THE OPERATION OF THE EL PASEO COURTESY CART SERVICE SUBMITTED BY: Ruth Ann Moore, Economic Development Manager CONTRACTOR: GDG 74450 Goleta Ave. Palm Desert,.CA 92260 DATE: July 13, 2017 CONTENTS: Contract No. C-35631 Fiscal Year 2017- 2018 Operating Schedule Recommendation: By Minute Motion: 1. Approve Contract No. C-35631 with Glyn Donald Gray dba GDG in an amount riot to exceed $115,00D ($110,500 for scheduled and special event hours and $4,500 for vehicle maintenance and repairs) for operation of the El Pasea Courtesy Cart service commencing October 13, 2017 through May 28, 2018, and 2. Authorize the Mayor to execute said contract and allow the City Attorney to make non-substantive changes. Funds are available in the approved Fiscal Year 017-2018 Budget in Account Number 1 1 0441 6-43681 00, Courtesy Carts. G.Ewu 66.�1u}ruef35Rull i fM hluureI TAFF REPORTSTkruilusy Call crllyd RE&I Repuii 17.19 ff-1&77.duc Staff Report El Paseo Courtesy Carts Contract C- 56 1 Page 2 of 3 July 13, 2017 Executive Summary: Per the City Ordinance, last fiscal year a Request for Proposal (RFP) was circulated for the operation of the El Paseo Courtesy Cart operations. Only one bid was received, from the existing operator, GDG. After review of the.bid and contractor's qualifications, Glyn Gray dba GDG met the qualification criteria outlined in the contractor's proposal. If approved, this will be the first extension of the contract. During this year's fiscal budget review, staff recommended extending the length of the contract to start operations in mid-October and run through Memorial Day weekend in May in anticipation of the opening of Hotel Paseo. Acceptance of the staffs recommendation will extend the contract with GDG for one year in an amount not to exceed $115,000. This includes $110,500 for standard monthly and special event operations that are billed at a separate amount as listed in the attachment to the contract. In addition, $4,500 will be used for maintenance and repairs on an as needed basis. Per the contract, use of the funds for special events operations and repairs requires prior staff approval. In anticipation of the increase in minimum wage and higher operating expenses, GDG has requested an hourly increase of three dollars. There has been no increase in hourly operation costs for the program since 2007. This will bring the regular operating cost to $33.50 and the overtime cost to $38.50 per hour. Discussion: The El Paseo Courtesy Carts began operation in September of 2004 with one cart, five days per week. Over the next two years, two additional carts were added and the service was extended to seven days per week. The El Paseo Business Improvement District (EPBID) features the program in all advertising, including magazine, radio, television and the street-wide directories, at no additional cost to the City. Currently, the program consists of two carts shuttling throughout the district seven days per week from 11:00 AM through :00 PM. This year's operation will begin October 13, 2017 and run through May 28,.2018. GPO will operate the program at a cost of $33.50 per hour during regular daily operations. Darks will also run in the evening during special events on the street at $38.50 per hour. This cost is built into the contract amount and a schedule of operations is attached., Staff has found GDG to be a very reliable company to operate the Courtesy Cart program and recommends City Council approval on the above motion. Tam der eloweeMulhivin Mca-ENSTAFF REPURT84Eaurlesy Carl Cnlnct 8teR rt1?1d OI-1 -1Tb;c Staff Report El Paseo Courtesy Carts Contract C-35631 Page 3 of 3 July 13, 2017 Fiscal Analysis: Funds are available in the Courtesy Cart Account No. 110416-4368100. The carts carry shoppers throughout the ,El Paseo Shopping District and also to the museum when requested. The carts will also service the guests at Hotel Paseo providing an additional amenity to this new customer to El Paseo.: This allows shoppers the convenience of parking their vehicles while visiting El Paseo, which may extend their visit, increase shopping expenditures, and add additional revenues to the General Fund. Subm' y: Department He th Akin Moore . Martin Alvarez Economic Development Manager Economic Development Director .1 pl.innk,o—LA___, :t Moore Director of Finance Approval. Lauri Aylaian City Manager wvroogramslEccoDivoloprn Rut PkveGTAFF REP ORTSICour.in Carl Mgt Staff Roori 17-10 07-1 3-1 74x SEVEN DAY WEEK-FISCAL YR 2017.18 SCHEDULE OF OPERATION Attachment A .September 0 .1ober November ' ' Deco I bet M. Ctra Fa :ON En ; :. Imo# an :, its imia,: := etn G im CC 1 0 0. 0 .001 •7 19 133 CCI M-SN 7 29 203 .C.C1 M-SN 7 3D 210 CC2 0 0 0 CC2' 7 19 133 CC2 M-SN 7 29 203 M-SN 7 30 210 a 6 266 .56 406 60 420 ' .February::, • ' :: F March IZEI ey E3 lt3 . day ga UZI - • Cifp 60 UZI ell3 CZ cl r1 " l CD r• Ctra .. Oa ari ma : - C G CCI M N 7 31 217 CCi .M-SN .7 28 196 CCI M-SN 7 31 .217 CC1 M-SN 7 30 210 CC2 M-SN 7 31; 217 CC2 M-SN 7 28: 196 CC2 fiM N 7 •31 217 CC2 M-SN 7 30 210 - 62 434 56 392 ,62 434 60 420 . 1E3 ara CD eil mi. - .a,. . ev. .an,. :, cm' nit 04 . 03 : rta oz. it iza CCI .M-SN 7 28 196 OC1 0 0 0 CCI: 0 0. 0 CCI. 0 0 0 CC2 M-SN '7 28 196 CC2 0 0 0' CC2 0 0 0; CC2 0 0 0 36 392 0 0 Ci MONTHS OF OPERATION TOTAL KOURS1YEAR 3,164 Month Na of Carte September 0 M-SN=Monday ihru.Sunday SPECIAL HOURS/EVENTS October 2. Nov 2 Carts 6 hrs November 2 *off on Thanksgiving Day :Starting Oei 13,2017 Dec 2 Carts. 6 hrs December• 2 'off Christmas Day Last Oay May 28,2018• Jan' 2 Carts' 6 hrs: January 2 Feb 2 Carts 6hrs February 2 7 Days per.Week-Mrs 11 a.m.to 6 p.m. March 2 Carts 60+Fashion Week,est March 2 2 Carts all days April 2 Carts 6 hrs April 2 May 2 Carts 6 firs May 2 TOTAL OT HOURS 116 June 0 July 0 August 0G;Wail Utvel6ppicnt�Ruth Ann Moore\CourtesyCarts(C pyofCCStheeuleofOper tion-?dalewk2.017.15 Contract No. C-35631 AGREEMENT FOR SERVICES TO OPERATE THE EL PASEO COURTESY CART SERVICE OCTOBER 13, 2017 THROUGH MAY 28, 2018 This Agreement dated July 13, 2017 is entered into between the City of Palm Desert (CITY) and Glyn Gray dba COG (CONTRACTOR), for the operation of the El 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 13, 2017, and ending on May 28, 2018. 1. Background: The CITY desires that CONTRACTOR operate the.El Paseo Courtesy Cart Service along El 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 El 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: 1 1:00 a.m. through 6:00 p.m.. daily; starting October 13, 2017 - May 28, 2018 (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 El Paseo Courtesy Cart Service: An amount not to exceed $110,500 yearly for the cost of operating the courtesy cart service as 1 Contract No. C-35631. described in the contract documents and any additional extraordinary maintenance costs associated with repairs in the amount of $4,500 as described in Section Three (3) of this contract fora total not to exceed $115,000. 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, CONTACTOR 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. 2 lWr4l2k3ygrrup Econ Clevuborrafilrofnmitmy{:3r1BY urlesy Bail[`.r]ra!ad FY 17.1807.1S-17.tl6C Contract No. C-35631 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. i. General Liability 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,OOO,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 Iimits. 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. 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 3 Viri411211SIgrduptIEDfrn OErvelorriatnirEowlusy Caiie%ivourlmy Curl Corlrid Fy'97-4A Q7-1S-17.rkq Contract No. C-35631 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 byCity'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 Coverage: 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, hislher agents, representatives, employees or sub-consultants. City's Rights 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 Subrogation: 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 Contractor or others providing insurance, evidence in compliance with these specifications to waive their right of recovery prior to a toss. Contractor 4 ti1-s-fiI2k31GroisTeon 6e,+eloprnereCaxle9y Cerla' o1Jiesy Cart Contractft'17-18 07-13-17.6ae Contract No. C-35631 hereby waives its own right of recovery against City of Palm Desert and shall require sirnilar written express waivers and insurance clauses from each of its sub-consultants. Enforcement of Contract _Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of noncompliance with any requirement imposes no'additional obligations on the City nor does it waive any rights hereunder. Primary. and Non-Contributing Insurance: All insurance coverages shall be primary and any other insurance,- deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. Specifications Not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation an 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. hlotice_of_ ancellation:;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 [l01 day notice is required) or nonrenewal of coverage for each required coverage. 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 Right to Revise pecifi tions: 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 Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor'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. 5 9.1414121014'4tukslatfl OirrOgnr4rrilCcurterfCarislecuriasy Carl Cmkrac FY 17-1U U7-1 -17.ticc Contract No. C-35631 Timely 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. Safety: Contractor shall execute and maintain its work so as to avoid injury or damage to any person or. property. In carrying out its Services, the Contractor 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. Annual Driver Review: CONTRACTOR shall at least annually review the performance and DAM 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 all drivers (new and old) in their duties and proper vehicle operation. Additional Insurance: Contractor shall also procure and maintain, at its awn 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. D. Payments: CONTRACTOR shall invoice the CiTY by the fifteenth of each calendar month for the preceding month's fees. Terms of the invoices shall 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 shuttle service, nor shall the driver solicit tips'in any matter. Use of a tip basket is expressly forbidden. Driver shalt 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 him/herself in a neat and professional manner while on duty. Driver shall be responsible 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 6 Mrifii2R3'groto%Com DDI,OlocfnerMoessy CarisCoLony Col O W-ure 17-ia u7-13-11 eac Contract No. C-35631 for recharging the vehicle and promptly reporting any malfunctions of either the vehicre or the recharging apparatus maintained at the storage location. CONTRACTOR is responsible for providing all cleaning materials needed to' maintain the exterior and interior of the vehicles'in a like-new condition. 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 CONTRACTOR By: By: Jan Hamik, Mayor - Glyn Donald Gray, dba GDG Attest: Rachelle D. Klassen, Secretary Title Attest: . Signature Title Approved as to form:. Robert Hargreaves, City Attorney 7 l rvf2k9yrc5u sEouiElmelupirerillcominnyCnrIsT,ctirlasyCurlCorwrmiFf17-18d7-1 -17.doe