HomeMy WebLinkAboutC33081 - Xtnsn - El Paseo Courtesy Cart Svc CITY OF PALM DESERT
STAFF REPORT
REQUEST: AUTHORIZATION OF A ONE-YEAR CONTRACT EXTENTION
(CONTRACT NO. 33080) 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 10, 2014
CONTENTS: Contract No. C33081
Contract No. C33080
FY 2014-'15 Operating Schedule
Recommendation:
By Minute Motion:
1. Approval a one-year contract with GDG for an amount not to exceed
$90,000 for operation ($79,500 for scheduled hours, $3,500 for
operating during special events and $7,000 for vehicle maintenance
and repairs) of the EI Paseo Courtesy Cart service commencing
November 7, 2014 through May 10, 2015.
2. Authorize the reimbursement of $5,000 from EI Paseo Business
Improvement District Account No. 271-4491-464-3215 to Courtesy
Cart Account No. 110-4416-414-3681 as contribution towards
operations; and
3. Authorize Mayor to execute said contract.
Funds are available the approve FY 2014-15 Budget in Account Number 110-
4416-414-3681, Courtesy Carts.
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Staff Report
EI Paseo Courtesy Shuttle Contract (Contract No. C33081)
Page 2 of 3
July 10, 2014
Executive Summarv:
Acceptance of the staff's recommendation will allow the extension of a contract to
operate the EI Paseo Courtesy Cart program with GDG, the current operators of the
program. The extension is for one year in the amount not-to-exceed $90,000, which
includes $79,500 for standard hourly operations as listed in the attachment to the
contract, and $3,500 to be used for special event operations outside standard hourly
operations. In addition, $7,000 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.
There is no increase in hourly operation costs or the total contract amount over the prior
year.
Discussion:
The EI 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 EI 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. At the June
12, 2014, EPBID meeting the board voted unanimously to approve their upcoming fiscal
budget that included a contribution of$5,000.00 to the FY 2014-'15 operations.
Per ordinance requirement, the contract was put out for bid in July 2013. This would be
the second year of the contract under the existing bid.
Last year, new carts were added to the program that now consists of two carts shuttling
throughout the district seven days per week from 11:00 AM through 6:00 PM. This
year's operation will begin on Friday, November 7, 2014 for First Weekend and run
through May 10, 2015, Mother's Day. GDG will operate the program at a cost of$30.50
per hour during regular daily operations. Carts will also run in the evenings during
special events on the street at $35.50 per hour and this cost is built into the contract
amount. 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.
G:\rda\Ruth Ann Moore\word data\STAFF REPORTS\Courtesy Cart Operations Cntrct 14-15 7-10-14.doc
Staff Report
EI Paseo Courtesy Shuttle Contract (Contract No. C33081)
Page 3 of 3
July 10, 2014
Fiscal Analvsis:
Funds are available in the Courtesy Cart Account No. 110-4416-414.36-81. The carts
carry shoppers throughout the EI Paseo Shopping District and also to the museum
when requested. This allows shoppers the convenience of not moving their vehicles
while visiting the street, which may extend their visit, increase shopping expenditures,
and adding additional revenues to the General Fund.
Submitt�d by: Department Head:
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� uth nn Moore �tin Alvarez
Economic Develo ment Manager Economic Development Director
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aul S. Gibson Rudy Acosta
Director of Finance Assistant City Manager
CITY COUNCTI,A�TiON
proval: APPROVED �� nFNiFn
RECEIVED OTHF,R--
�� MECT G DATE `� �• v2��
J n M. Wohlmuth, City Manager ��'ES• ' l( « ' ' / /��
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G:\rda\Ruth Ann Moore\word data\STAFF REPORTS\CouResy Cart Operations Cntrot 14-15 7-10-14.doc
Contract No. C-33081
EXTENSION AGREEMENT FOR SERVICES TO OPERATE
THE EL PASEO COURTESY CART SERVICE
NOVEMBER 7, 2014 THROUGH MAY 10, 2015
This Agreement dated July 10, 2014 is entered into between the City of Palm
Desert (CITY) and GDG, Inc., (formerly Rite Rate, Inc.) (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
November 7, 2014, and ending on May 10, 2015.
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,
November 7, 2014 - May 10, 2015 (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 not
to exceed $90,000 yearly for the cost of operating the courtesy cart service
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Contract No. C-33081
($83,000) as described in the contract documents and any additional
extraordinary maintenance costs associated with repairs ($7,000) as described in
Section Three (3) of this contract. Vehicle hours include routine service, "dead
head" hours, and any layover time requiring a vehicle operation. Compensation
will be paid at the unit rates of $30.50 per vehicle hour straight time and $35.50
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.
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Contract No. C-33081
CONTRACTOR shall provide the following types and amounts of
insurance:
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 $1,000,000 per
occurrence, $2,000,000 general aggregate, for bodily injury, personal
injury, and property damage, including without limitation, blanket
contractual liability.
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
OTHER PROVISIONS OR REQUIREMENTS
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.
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Contract No. C-33081
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Duration of Coveraqe: 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 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 loss. Contractor
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). 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.
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
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Contract No. C-33081
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: 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 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.
City's Right 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 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.
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: Contractor 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.
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.
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Contract No. C-33081
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 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 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
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 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 Glyn Donald Gray, dba GDG
(formerly Rite Rate, Inc.)
By: By:
Van G. Tanner, Mayor Glyn Donald Gray
Attest:
Rachelle D. Klassen, Secretary Title
Attest:
Signature
Title
Approved as to form:
David J. Erwin, City Attorney
6
G:\rda\Ruth Ann Moore\word data\STAFF REPORTS\Courtesy Cart Contract FY 14-15 7-10-14.doc
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•• � �ONTRACT NO. C33080
AGREEMENT FOR SERVICES TO OPERATE
. THE EL PASEO COURTESY CART SERVlCE
NOVEMBER 1, 2013 THROUGH MAY 11, 2014
This Agreement da#ed October 10, 2013 is entered into between the Cify of Paim
Desert (CITY} and GDG, Inc., (formerly Rite Rafe, Inc.) (CONTRACTOR), for the
operation of the EI Paseo Courtesy Cart Senrice, a non-fixed route public transit service
within the City of Palm Desert. This Agreement shall cover the period beginning on
November 9, 201�, and ending on May 11, 201�.
3 4
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 finro (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 seniices.
2. Vehicle Operation: Vehicles shall be in regutar service seven days per
week in accordance with the attached Schedule: 11:00 a.m. through 6:00 p.m. daily,
November 1-3, 2013, and November 8, 2013 - May 11, 2014 (days subject to change by
the CITY), inciuding holidays, except Christmas Day and Thanksgiving Day. Vehicies
are permitted to be out of service for one half-hour plus finro 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 uni# 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 neatiy-attlred 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 vehicies in accordance with the manufacturer's
recommendations. The regular preventative maintenance items shaU include fabor and
fluids as required. CONTRACTOR will also perform routine safety inspections every
fourteen days during the teRn of this Agreement. All routine main#enance costs based
on vehicles are included in this Agreement. If extraordinary repairs become necessary,
CONTRACTOR wili meet with the CITY to determine if costs of repairs will be bome by
the CITY, if substitute vehictes 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 wifl be paid by the
CONTRACTOR and reimbursed through billings attached to the monthly invoices.
4. Fees and Paymerrt: Payment to CONTRACTOR will be made as foilows:
A. Operation of the EI Paseo Courtesy Cart Service: An amount not
to exceed $90,000 yearly for the cost of operating the courtesy cart service
1
• '�ONTRACT NO. C33080 "
($83,000) as described in the contract documents and any additlonai
extraordinary maintenar�ce costs associated with repairs($7,000) as described in
Section Three (3) of this contract. 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 $30.50 per vehicle hour straight
time and $35.50 per vehicle hour overtime for additional NEV operation
requested by the CITY beyond the following sehedule: 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 wiil maintain insurance in conformanee 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
acknowtedges that the insurance coverage and policy limits set forth in this
section constitute the minimum amount of caverage required. Any insurance
proceeds available to CITY in excess of the limits and coverage required in this
agreement and which is applicabte to a given loss, will be available to CITY.
Indemnity for liability: The CITY, as registration hokters and
maintainers of the vehicles, will insure the vehicles against damage or loss and
also provide vehicte 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, cfaims, liabilifies� 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�te operations conducted by Contractor, including the City's active or passive
negligence, except for such loss or damage arising from the sole negligence or
wiltful 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
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. ,
. .
GONTRACT NO. C33080
CONTRACT�R shali provide the following types and amounts of
insurance:
Without limiting Contra�tor's indemni�cation of City, and prior to commencement
of Work, Contractor shall obtair�, provide and maintain at its own expense during
the term of this Agreement, policies of insurance o# the type and amounts
described below and in a form that is satisfactory to City.
i. General liability Insurance: Contractor shall maintaln commercial general
liabitity insurance with coverage at least as broad as Insurance Senrices
Office form CG OQ 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
contractuai liability.
ii. Workers' Comuensation Insurance: Contractor shait 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 certiflcate of insurance, a Waiver ofi Subrogation
endarsement in favor of City of Palm Desert, its officers, agents,
employees and votunteers,
iii. Umbrelta or Excess Liabilitv 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 I�ability
coverage at least as broad as the primary coverages set forth above.
including commerciai 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 wouid othervvise have applied proves to be uncollectibfe 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 "foilow form" to the underiying primary policies. Insureds
under primary policies shall also be insureds under the umbrella or excess
policies
OTHER PROVISIONS OR REQUIREMENTS
Proof of insurance: Contractor shali 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 certi�fication o# insurance
shall be kept on file with City at all times during the term of this contract.
3
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. «
• �ONTRACT NO. 33080 '
City reserves the right to require complete, certified copies of all required
insurance policies, a#any time.
Duration of Coverage: Contractor shall procure and maintain for the
duration of the corrtract, insurance against claims for injuries to persons or
damages to property� which may arise from or in connection with the
perfoRnance of the Work hereunder by Contractor, his/her agents.
representatives� employees or sub-consultants.
City's Rights of Enforcement: ln the event any policy of insurance required
under this Agreement does not comply with these specifications or is
canceled and not reptaced, City has the right, but not the duty, fo obtain
the insurance it deems necessary and any premium paid by City wili be
promptly reimbursed by Contractor, or City will withhoid amounts sufficient
to pay premium from Contractor payments. In the altemative, City may
cancet this Agreement.
Acceptable lnsurers: All insurance policies shall be issued by an insurance
company currently authorized by the tnsurance Commissioner to transact
business of insurance in the State o# Califomia, with an assigned
policyholders' Rating of A- (or higher) and Financial Size Category Ciass
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 Subro4ation: All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation
against City of Palm Desert, its etected or appointed o�cers, agents,
offictats, empfoyees and volunteers or shail specifically af�ow Contractor or
others providing insurance evidence in compliance with these
spec�cations to waive their right of recovery prior to a' Ioss. Contractor
hereby waives its own right of recovery against Cify of Palm Desert and
shali requ'rre similar written express waivers and insurance clauses from
each of its sub-consuttarrts.
Enforcement of Contract Provisions (non esto�nel). Contractor
acknowiedges and agrees that any actual or alleged failure on the part of
the City to inform Contractor of noncompliance with any requirement
imposes no additiona{ obligations on the City nor does it waive any rights
hereunder.
Specifications Not Limitin4: 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
normaliy provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification oniy as it pertains to a
4
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� �ONTRACT NO. C33080
given issue and is not infended by any party or insured to be all inctusive,
or to the exclusion of other coverage, or a waiver of any type.
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 nonrenewai 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 additionai ir�sureds under such policies.
This provision shall also appiy to any excess liabifity policies.
C'rty's Right to Revise Spec�cations: The City reserves the right at any
time during the term of the contFact to change the amounts and types of
insurance required by giving the Corrtractor ninety (90) days advance
written notice o# such change. If such change resuits in substantiat
additional cost to the Cc�ntractor, the City and Contractor may renegotiate
Contractor's compensation.
Self-Insured Retentions: Any self-insured retentions must be declared to
and approved by C'rty. City reserves the right to require that setf-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: Contractor shall give City prompt and timely
notice of ctaims made or suits instituted tha# arise out of or result from
Contractors performance under this Agreement, and that invoive or may
involve coverage under any of the required liability policies.
Additionai lnsurance: Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgmerrt 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
shali be net thirty days.
5. Other: CONTRACTOR shall make available City of Palm Desert
information in the NEVs. The CITY shall fumish brochures and printed literature in
adequate quantities such that CONTRACTOR can restock the ir�formation carried in the
vehicles on an as-needed basis.
5
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• �ONTRACT NO. 33080 '
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 shaik be subject to review and approval by the CITY. Drivers will be
required ta be able to answer questions and give irrformation regarding the City of Palm
Desert, and its history, in a courteous and helpful manner. At the request of the CITY,
CONTRACTOR shatl replace any driver found lacking in professionalism or courtesy, or
not presenting h�m/herself in a neat and professional manner wM�le on duty.
Driver shall be responsible for retrieving NEV from the supptied storage location
and for retuming the NEV there at the end of each shif�. Driver will also be responsibie
for recharging the vehicle and promptly reporting any malfunctians of either the vehicle
or the recharging apparatus maintained at the storage location.
CONTRACT�R is responsibte for providing all cteaning materials needed to
maintain the exterior and interior of�he vehicles in a like-new candition.
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
origlnat on the date first above written.
CITY OF PALM DESERT Glyn Donald y, d a
(formerly Rite ate
l' `
By: By:
an C. Hamrk, Mayor Glyn nald G
Attest: C�W���
R elle D. las n, Clertc Title
Attest:
Signature
Title
Approved as to form:
�
/+�� �
David . , City Attomey
6
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�
CALIFORNIA ALL-PURPOSE ACKNOWLEDliMENT
State of Califomia
� County of �.t���5��
�
On 1 V- Z I-�3 before me, ���Q�o., �-. ��1 s_ n,�,�.c,���-bi«
�e� Hare�nsan Neme r��dThs omcer
personally appeared C� �Xn C�� ��..i
Name(s)ot Signer(s)
I. '
who proved to me on the basis of satisfactory
evidence to be the person� whose nam�s) is/are
�`��' subscribed to the within instrument and acknowled
CRMERON J. NEVINS �
CUMM. #1927691 to me that he/sqe�they executed the same in
4 N ���tary P�.ablic-Cai'rfornie � hisJhe�4heir authorized capacity�ies), and that by
� Ri�'ERSIDE � his/her/tl�eir signatureS,$) on the instrument the
My Gommiss�on Eac�iras ivtarch 5,2oy� person�), or the entity upon behalf of which the
� -��`'``'�'� person(�)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of Califomia that the foregoing
paragraph is true and correct.
�
WITNESS my hand and official s -�'`�
/
Signature:
�ecs riowy seai nnwa �ea,re a a
OPT/ONAL
Though the informatior►be/ow Is not required by/aw,!t may prove va/uab/e fo persons rety/ng on the document
r and could prevent iraudu/ent remova/and reattachment of thls fom►to another document.
Description of Attached Document
Titie or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signe�'s Name: Signer's Name:
D Corporate Officer—Title(s): �Corporate Officer—Title(s):
❑ Individual Olndividual
❑ P11tr1@f—O LIfi71t8d ❑G@�l@f81 Top of Mumb here O P8R�9f—�LI�I'11t@d ❑GAl18�a1 Top of thumb here
❑ Attomey in Fact O Attomey in Fact
O Trustee ❑Trustee
� ❑ Guardian or Conservator �Guardian or Conservator
i ❑ Other: �Other:
Signer Is Representing: Signer Is Representing:
�
O 2008 Natlonal Notary Aeeacietlo�•NetlonalNotary.org•1-800-US NOTARY(1-80P878-882�
Rem N5807
!
' � • •
CALIFORNIA ALL-PURPOSE ACKNOWLE�MENT
���� . „� . . . � . . . . .
:
State of Califomia
County of Riverside
On�ctober 28, 7_013 before me, M. G. Sanchez, Notary Public
� ------- ►,«.M..n w��,a�.a u,�om�---------
personaliy appeared Tan c. Harnik
� � Name(s)ol Sl�er(s)
�
�;� who proved to me on the basis of satisfactory
evidence to be the person(�) whose name(s) is/aasx
� subscribed to the within instrument and acknowledged
to me that ieeJshellhey executed the same in
l�is/herfinei�c autl�orized capacity{ies�, and that by
� i�s/herdt6os�c signature(a) on the instnament the
� person(�, or the entity upon behalf of which the
� • person(s)acted, executed the instrument.
M.G.SANCHEZ
� Commissipn#►1906339
r' Notary Public-Californi� � certify under PENALTY OF PERJURY under the
� � laws of the State of Califomia that the foregoing
Riverside County
�� M Comm.Ex �res Oct 29,2014+ paragraph is true and correct.
i.
WITNESS my hand an ' I seai.
� Signature�� E
� ���� OPTIONAL, ' d
Triough the in/om�etion below Is not n9quJ�sd by lew,!t ma,y prove valu to relying the t
ar►d could prevenf figuduleM romoval anal raattachment of th form aiwther ment.
Descrtption of Attached Documerrt C33080 GDG, Inc. (formerly Rit Rat Inc.)
TdleorTypeofDocumeM: El Psseo Courtesy Cart Service 11/O1/2013 — S/11/2014
Document Date: �ctober 10, 2013 Number of Pages:
Signer(s)Other Than Named Above:
Capacfty(les)Claitned bY S�9ner($)
Signer's Name: Jan C. Harnik Signe�'s Name:
C� Corporate Offtcer—Tide(s): l7 Corporate Offlcer—Title(s):
Cl Individual C�Individual
� Partner—Ll Limited U General Top of thurnb here L7 Partner—�Limited O General Top o�u,u�r�nere
❑ Attomey in Fact ❑Attomey in Fact
C7 Tnastee O Trustee
❑ Guardian or Conservator ❑Guardian or Conservator
�I Other. Mayor f�Otlier:
Signer Is RepreseMing: Signer Is Represen�ng:
Citv of Palm Desert
O 2009 Natlonet Notery As6oCiafbn•NWbnelNaCary.aq•1•800-US NOTARY(Y•800�87&8827) Item�6907
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