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Home My WebLink About21 Courtesy Cart Amendment 3Contract No. C38442 MEETING DATE: PREPARED BY: REQUEST: Recommendation STAFF REPORT CITY OF PALM DESERT DEVELOPMENT SERVICES DEPARTMENT November 18, 2021 Deborah S. Glickman, Business Advocate Ratify the City Manager's Authorization of Amendment 3 to Contract No. C38440 with GDG, Inc. to expand Courtesy Cart operations to Presidents Plaza. By Minute Motion, that the City Council: 1. Ratify the City Manager's authorization to amend Contract No. C38440 to expand Courtesy Cart operations to include the use of a third cart to service Presidents Plaza during construction from November 5, 2021 — January 31, 2022; 2. Authorize expenditures not to exceed $21,500 for the expanded Courtesy Cart services; and 3. Appropriate General Funds in an amount not to exceed $21,500 for Fiscal Year 2021/2022 in Account No. 1104416-4368100, Courtesy Carts. Strategic Plan Objective The ratification of Amendment No. 3 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. Executive Summary Approval of staff's recommendation allows the City to temporarily expand the Courtesy Cart program to run a third cart from November 2021 — January 2022. The cart will run on a regular route around Presidents Plaza in support of the businesses during construction. The cart is on a designated schedule to circulate between San Luis Rey and Portola and Palm Desert Drive South (the Highway 111 frontage road) and El Paseo. November 18, 2021 — Staff Report GDG, Inc. Contract Amendment No. 3 Page 2 of 2 The carts currently operate seven -days a week between 11:00 a.m. — 6:00 p.m. The third cart is scheduled to run between 2:00 p.m. — 7:00 p.m. to accommodate customers dining at restaurants impacted by the construction at Presidents Plaza. Staff is working work with GDG to ensure that one of the regular carts services Presidents Plaza from 11:00 a.m. — 2:00 p.m. when the third cart is not operating, so there will be no lapse in service to Presidents Plaza. Signage will be placed at the entrances to the Presidents Plaza parking Tots alerting patrons to park at The Garden's on El Paseo and take the Courtesy Cart to their location. Signage will also be placed at The Garden's parking lot pick-up location to indicate to riders where to meet the cart. The cart is scheduled to stop at The Gardens' parking lot at 15-minute intervals. GDG, Inc. will monitor ridership on the Presidens Plaza route and staff will work with them to adjust the schedule as necessary to best accommodate the businesses. Additionally, staff is working with the Presidents Plaza project manager, and a representative from the Southstar construction management team, to alert the businesses of the new route. Due to the critical need of assisting Presidents Plaza businesses, the City Manager authorized the expansion of Courtesy Cart operations by signing Amendment 3. Staff is requesting ratification of this amendment, which was signed by the City Manager because the original contract was signed by the Mayor. Fiscal Analysis Funds were not approved as part of the FY 2021/2022 budget in the Courtesy Cart Account Number 11004416-4368100. Staff is seeking the appropriate of up to $21,500 from the General Fund. LEGAL DEPT. DEPT. REVIEW FINANCIAL ASSISTANT REVIEW REVIEW REVIEW CITY MANAGER 5,ee AlA c rm N/A ya,„,4•74i, moo„ Andy Firestine Eric Ceja Martin Alvarez Robert W. Deputy Dir. of Dir. of Janet Moore Andy Firestine Hargreaves Development Development Director of Assistant City City Attorney Services Services Finance Manager City Manager: L. Todd Hileman: L. Todd H-tLewi.a A ATTACHMENTS: Contract C38440 Amendment No. 3 CITY COUNCIL ACTION APPROVED V DENIED Vendor: GDG, Inc. RECEIVED OTHER 74550 Goleta Avenue Palm Desert, California 922,,,,,fiWETING DATE ,1 - k 9). 20 AYES:iiamiK/.Ti gt01t11 N i-ti e puirsioi 114 14gll y NOES: 1V Oh ABSENT: None ABSTAIN: NS?vve VERIFIED BY: NIA 1 SI' S Original on File with City Clerk's Office CITYDF PDLMD[S[RT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-25 78 TEL: 760 346-0611 info @ ci tyofpalmdese rt. org November 9, 2021 GDG, Inc. 74450 Goleta Avenue Palm Desert, California 92260 Dear Sir or Madam: Subject: Contract No. C38443 — Operation of the El Paseo Courtesy Cart Service for Fiscal Year 2021-2022 — Amendment No. 3 Enclosed is a fully executed copy of Amendment No. 3 for your records. If you have questions or need additional information, please do not hesitate to contact us. Sincerely, /71%/7— NORMA I. ALLEY, MMC CITY CLERK NIA/srs Enclosure (as noted) cc: Deborah Glickman, Business Advocate Heather Horning, Assistant to the City Manager �'� PIIIUIF00FIIIFIMEON1111 AMENDMENT NO. 3 TO THE AGREEMENT FOR SERVICES TO OPERATE THE EL PASEO COURTESY CART SERVICE BETWEEN THE CITY PALM DESERT AND GDG, INC. Contract No. C-38443 1. Parties and Date. This Amendment No.3 to the Agreement for Services to Operate the El Paseo Courtesy Cart Service is made and entered into as of this 5th day of November, 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, which agreement has been amended by two prior amendments. (collectively "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 to operate a third cart around the permienter of President's Plaza East and West (between Larkspur Lane and Portola and El Paseo and Palm Desert Drive S) from November 5, 2021, to January 31, 2022, or any such dates as authorized by City. 2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 6 of the Agreement. 3. Terms. 3.1 Terms. Sections 1 of the Agreement is hereby amended in its entirety to read as follows: "1. Background: The CITY desires that CONTRACTOR OPERATE the El Paseo Courtesy Cart Service along El Paseo and Palm Desert Drive South within the City of Palm Desert during the time period of November 5, 2021 and January 31, 2022 in addition to the two (2) carts referenced in Contract No. C-38440 Section 1. The CONTRACTOR will provide these services at the same unit rate as indicated in Contract No. C-38440 Section 4.A. in an amount not to exceed an additional $21,500 specifically for the aforementioned services." 3.2 Clarification on AbilitW 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. " Page 1 of 2 G:\Econ Development\Courtesy Carts\FY 2021-2022\Extension of Services\Courtesy Cart Amendment 3 - Extension of Services- BBK.doc CONTRACT NO. C38443 3.3 Continuing Effect of Agreement. Except as amended by this Amendment No 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term "Agreement" or "Contract" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3. 3.4 Adeauate 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. 3. 3.5 Severabilitv. If any portion of this Amendment No. 3 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. 3 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.3 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 Approv -""L. To Ile an City Manager // 2oz / Date Atteste GYrnQ_/.GC�le Norma !Alley, N1 C, Clerk GDG. INC. Signature 61,`I I2-/q Name Title Page 2 of 2 G:\Econ Development\Courtesy Carts\FY 2021-2022\Extension of Services\Courtesy Cart Amendment 3 - Extension of Services- BBK.doc