Palm Desert City Council
September 11, 2025

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Brad Chuck, Public Works Superintendent
Shawn Muir, Community Services Manager
SUBJECT: AUTHORIZE THE PURCHASE OF PLANTER BOXES FOR CATALINA COMMUNITY GARDEN (PROJECT NO. CLS00002)
RECOMMENDATION:

1. Authorize the purchase of 50 concrete planter boxes from Seawright Custom Precast, Inc., in the amount of $241,533.75, plus a contingency of $24,000 for unforeseen circumstances.

2. Authorize the City Attorney to make necessary non-monetary changes to the agreement.

3. Authorize the City Manager to execute the agreement and any written requests for change orders up to the contingency amount, amendments, and any other documents necessary to effectuate this action, in accordance with Palm Desert Municipal Code Section 3.30.170(B).

BACKGROUND/ANALYSIS:

The Catalina Community Garden, located along the west side of San Pablo Avenue between Royal Palm Drive and Santa Rosa Way, was originally constructed in the late 1990s. The site currently includes 50 raised planter boxes, each measuring 4 feet by 10 feet. These boxes were last replaced in 2017 using recycled composite materials.

Over time, the planter boxes have deteriorated significantly due to prolonged exposure to the elements and continued use. Many of the existing boxes show signs of structural failure, including crumbling and material separation, which present safety concerns and limit the usability of the garden space.

Proposed Improvements:

To address these issues, staff recommends replacing the existing boxes with new precast concrete planter boxes provided by Seawright Custom Precast, Inc., the vendor previously used for similar work at the Guadalupe Community Garden (FY 2023-24) and the San Nicholas Community Garden (FY 2024-25).

Concrete planter boxes have demonstrated superior durability and are better suited for hightraffic community gardens within the City’s climate. To maintain material consistency and aesthetic uniformity across all City-managed gardens, staff did not solicit additional quotes, in accordance with Municipal Code Section 3.30.160 (I) which permits procurement in the Best Interest of the City without competitive bidding in order to ensure compatibility or consistency of a product with other city products and equipment to minimize future maintenance costs.

Delivery of the new planter boxes is expected by May 1, 2026, and the scope of work will be limited to the Catalina Community Garden to avoid disruption of other facilities. 597
City of Palm Desert
Authorize the Purchase of Planter Boxes Catalina Community Garden

The following table provides a summary of prior years' costs alongside the proposed cost for (Fiscal Year 2025/26):

Historical Cost Comparison – Concrete Planter Box Purchases All planter purchases were made from the same vendor: Seawright Custom Precast, Inc.

Community
Garden
Fiscal Year Planter Dimensions Quantity
Purchased
Unit Cost Freight
Cost
City Tax
Rate
Total Cost
Guadalupe FY 2023/24 48"W x 30"H x 120"L 27 Boxes $3,857.00 $1,800.00 7.75% $114,149.27 San Nicholas FY 2024/25 48"W x 30"H x 120"L 42 Boxes $3,898.72 $3,395.00 7.75% $180,094.69 Catalina
(Proposed)
FY 2025/26 48"W x 30"H x 120"L 50 Boxes $4,352.00 $4,500.00 8.75% $241,533.75 The proposed unit cost of $4,352 for FY 2025-26 reflects an 11.63% ($495) increase over the previous year. This increase is based on updated pricing from the vendor due to current market conditions and rising material costs.

Legal Review:

This report has been reviewed by the City Attorney’s Office.

FINANCIAL IMPACT:

Funding for the purchase of the garden boxes was included in the approved FY 2025-26 Financial Plan and Capital Improvement Program (CIP) List as a carryover; therefore, there is no additional financial impact to the General Fund as a result of this action.

The following table reflects the project related budget and expenses:

Account No. Budget w/ Carryover Projected Expense Balance 4004618-4400100 $300,000
*Concrete Boxes - Seawright $241,533.75
*Contingency $24,000.00
Crane - Installation $12,500.00
Box Irrigation / Materials $21,500.00
Totals $300,000 $299,533.75 $466.25
*Current request
ATTACHMENTS:

1. City Goods and Equipment Purchase Agreement
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Contract No. ___________
1 CITY OF PALM DESERT

GOODS AND EQUIPMENT PURCHASE AGREEMENT

REPLACMENT PLANTER BOXES
This Goods and Equipment Purchase Agreement (“Agreement”) is made and entered into this 11th day of September, 2025, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, (“City”) and Seawright Custom Precast, Inc., a Corporation, with its principal place of business at 85-610 Grapefruit Boulevard, Coachella, CA 92236-1650 ("Supplier"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." Section 1. Definitions/Cooperative Procurement.

A. Definitions.

1. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor, or other services, including design, engineering, and installation services, provided by Supplier as specified in Exhibit “A”, attached hereto and incorporated herein by reference.

2. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to the City, ready for approval, testing and/or use as specified in Exhibit “B.” B. Cooperative Procurement. This Agreement is entered into pursuant to City of Palm Desert Municipal Code section 3.30.160 (i), which authorizes the procurement of supplies or products in the best interest of the City to ensure compatibility with other city product and equipment without competitive bidding.

1. Program. The purchase has been made through a Request for Quote, a program for the procurement of goods and services for governmental agencies. Documents related to the procurement of this Agreement shall be made available to City upon request.

2. Reserved.

Section 2. Materials And Workmanship.

When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without the City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this 0 will be deemed to be defective material for purposes of 0. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, the City will decide the question of equality. When requested by the City, Supplier will furnish the City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment, and material to be incorporated in the Goods. Material samples will be submitted at the City’s request.

Section 3. Inspections And Tests.

The City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or 599
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2 specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, the City may reject the Goods or exercise any of its rights under C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair the City’s right to reject nonconforming goods, irrespective of the City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.

Section 4. Warranty.

A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by the City as required for final payment under

0. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.

B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. The City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this B.

C. For any breach of the warranties contained in A and B, Supplier will, immediately after receiving notice from the City, at the option of the City, and at Supplier’s own expense and without cost to the City:

1. Repair the defective Goods;

2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or

3. Repay to City the purchase price of the defective Goods.

If City selects repair or replacement, any defects will be remedied without cost to the City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to the City.

D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold the City and their officials, officers, employees, volunteers, representatives and agents harmless against any and all third-party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

E. In the event of a breach by Supplier of its obligations under this 0, the City will not be limited to the remedies set forth in this 0, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to the City under the California Commercial Code.
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3 Section 5. Prices.

Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by the City’s authorized representative. The total price shall include (i) all federal, state, and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to the City hereunder; and (ii) all charges for packing, freight and transportation to destination.

Section 6. Changes.

City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between the City and Supplier and such change will be authorized by a change order document signed by the City and accepted by Supplier.

Section 7. Payments.

A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods.

B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by the City in advance of the first invoice cycle.

C. Payments otherwise due may be withheld by the City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect the City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, the City may remove them at Supplier’s expense.

D. Payment of the final Progress Milestone payment or any retention will be made by City upon:

1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone;
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4 2. Written acceptance of the Goods by the City;

3. Delivery of all drawings and specifications, if required by City;

4. Delivery of executed full releases of any and all liens arising out of this Agreement; and

5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.

If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to the City to indemnify City against any claim or lien at no cost to the City.

E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against the City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.

Section 8. Schedule For Delivery.

A. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify the City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights the City may have under this Agreement or at law, Supplier shall pay City the sum of $250.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.” B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that the City can maximize the efficient completion of such project(s).

Section 9. Taxes.

A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement.

B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.

C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the 602
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5 Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier.

D. Supplier will, upon written request, submit to the City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.

Section 10. Independent Contractor.

Supplier enters into this Agreement as an independent contractor and not as an employee of the City. Supplier shall have no power or authority by this Agreement to bind the City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors, or subcontractors hired or retained by the Supplier are employees, agents, contractors, or subcontractors of the Supplier and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.

Section 11. Subcontracts.

Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to the City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City.

Section 12. Title And Risk Of Loss.

Unless otherwise agreed, the City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace, or repair said Goods or materials at its own cost to the complete satisfaction of the City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then the City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods, but which does not become a part of the Goods.

Section 13. Indemnification.

A. Supplier shall defend, indemnify and hold the City of Palm Desert (“City”), and their officials, officers, employees, volunteers, representatives and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors, and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of 603
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6 all damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, and their officials, officers, employees, agents, representatives or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against the City or its officials, officers, employees, agents, representatives, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse the City and their officials, officers, employees, agents, representatives and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, and their officials, officers, employees, agents, representatives, or volunteers.

Section 14. Insurance.

A. General. Supplier shall take out and maintain:

1. Commercial General Liability Insurance, of at least $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;

2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);

3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and

4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials.

5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.

B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage.

The policies required under this Section shall give the City, and their officials, officers, employees, agents, representatives, or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City, or any additional insureds shall not be called upon to contribute to any loss and shall contain or be endorsed with a waiver of subrogation in favor of the City, and their officials, officers, employees, agents, representatives, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other 604
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7 requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.

C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.

D. Evidence of Insurance. Supplier shall furnish the City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.

Section 15. Liens.

A. Supplier, subcontractors and any other suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and any other suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and any other suppliers agree that this provision waiving the right of Claims will be an independent covenant.

B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.

Section 16. Termination Of Agreement By City.

A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, the City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier.

In such event the City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools, and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including 605
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8 compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.

B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which the City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.

C. On receipt of notice under B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise,

1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,

2. Unless otherwise directed by the City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and

3. Deliver only such portions of the Goods which the City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site.

D. Upon termination pursuant to B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that the City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to C.

Section 17. Force Majeure
A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event.

B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

C. In the event of any such excused interference with shipments, the City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.
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9 Section 18. Miscellaneous Provisions.

A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:

Supplier: Seawright Custom Precast, Inc.
85-610 Grapefruit Blvd
Coachella, CA 92236-1650
ATTN: Rex Seawright
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.

C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees.

H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. 607
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10 I. No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

J. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party.

K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods.

N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.
[SIGNATURES ON FOLLOWING PAGE]
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11 SIGNATURE PAGE TO GOODS AND EQUIPMENT PURCHASE AGREEMENT

BETWEEN THE CITY OF PALM DESERT
AND SEAWRIGHT CUSTOM PRECAST, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF PALM DESERT
By: _____________________________
Chris Escobedo
Interim City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney
SEAWRIGHT CUSTOM PRECAST, INC., A

CORPORATION
By:

Rex Seawright
President
By:

Nancy Madson
Secretary
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
609
Contract No. ___________
Exhibit “A”
Exhibit A
Goods Specifications
610
Contract No. ___________
Exhibit “B”
Exhibit B
Delivery Schedule
Estimated Delivery: May 1, 2026
611
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Exhibit “C”
Exhibit C
Fee Schedule
Item Description Quantity Total Cost
48” W x 30” H x 120” L Concrete Planter
Boxes (Standard Grey/Tan, Low Void)
50 Boxes $217,600.00
Freight/Delivery to Catalina Community
Garden
6 Trips $4,500.00
Sales Tax (8.75%) --- $19,433.75
Total Estimated Cost --- $241,533.75
612

Y CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Isra Shah, City Attorney
SUBJECT: CITY MANAGER EMPLOYMENT AGREEMENT
RECOMMENDATION:

Approve the City Manager Employment Agreement with Christopher Escobedo, effective September 11, 2025, and authorize the Mayor to execute the agreement.

BACKGROUND/ANALYSIS:

On April 10, 2025, the City Council approved a short-term agreement that covered the terms and conditions of employment during Mr. Escobedo’s service as Interim City Manager. Following the recent completion of Mr. Escobedo’s performance evaluation, the City Council appointed Mr.

Escobedo as the permanent City Manager and directed staff to prepare a new employment agreement between the parties.

As part of the City Council’s approval of the employment agreement, Senate Bill (SB) 1436 requires local agencies to report out certain information before changing the compensation or benefits of their “executives”. Under this law, legislative bodies for agencies must orally report a summary of a recommendation for changes in salaries or benefits before voting for the changes.

The votes must be taken in the open session portion of the meeting.

The proposed City Manager contract contains the following information:
 Annual Compensation: Increase current salary of $270,000 to $285,000, subject to an annual cost of living increase.
 Auto Allowance: Establish an allowance of $600 per month, consistent with the City’s contract with the previous City Manager.
 Severance: Under specified circumstances, provide 9 months’ severance pay if the contract is terminated during the first three years of the agreement. The severance is reduced to 6 months’ pay if terminated thereafter. Similar to the above, this provision is consistent with the City’s arrangement with the previous City Manager.  Vacation: Accrual of 8 hours per pay period, with accrual increases as other executive employees.
 Health benefits, deferred compensation, accrual rates, and other benefits are the same as those of other executive employees.

Legal Review:

This report has been reviewed by the City Attorney’s Office. 613
City of Palm Desert
Approval City Manager Employment Contract

FINANCIAL IMPACT:

The City Manager position is a regularly budgeted position within the FY 2025-26 Annual Finance Plan; therefore, this action does not result in any additional impact to the General Fund.

ATTACHMENTS:

1. City Manager Employment Contract
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CITY OF PALM DESERT

CITY MANAGER EMPLOYMENT AGREEMENT
This City Manager Employment Agreement (“Agreement”) is entered into as of the 11th day of September, 2025 (the “Effective Date”), between the City of Palm Desert (hereinafter referred to as the “City”) and Christopher Escobedo (hereinafter referred to as the “City Manager” or the “Employee”). City and City Manager/Employee are sometimes referred to in this Agreement as “Party” and collectively as “Parties.”

RECITALS
WHEREAS, it is the desire of the City Council of the City to retain the services of Employee as City Manager pursuant to the provisions of the City of Palm Desert Municipal Code (“City Code”), and
WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain conditions of employment and to set certain working conditions of the City Manager.

NOW, THEREFORE, the above named Parties hereby mutually agree and promise as follows:

1. Duties, Acceptance of Appointment, Hours of Work, Regional Liaison.

1.1 Duties.

The City Manager shall perform those duties and have those responsibilities that are commonly assigned to a city manager of a city in California, and as may be further set forth in the City’s Municipal Code. City Manager shall perform such other legally permissible and proper duties and functions consistent with the Office of the City Manager, as the City Council shall from time to time assign. It is expected that City Manager shall abide by the ICMA Code of Ethics. City Manager is encouraged to participate in community and civic affairs.

1.2 Acceptance of Appointment.

City Manager hereby accepts the appointment as City Manager of the City of Palm Desert subject to all terms and conditions set forth in this Agreement.

1.3 Hours of Work.

It is recognized that City Manager devotes a great deal of time outside the normal office hours-schedule, and to that end, he shall be allowed to establish an appropriate work schedule recognizing that the City Manager should endeavor to be available during regular City Hall hours. It is also recognized by the Parties that City Manager is required to devote the amount of time and energy necessary to carry out those duties with the highest amount of professionalism possible. That being the case, the Parties recognizes that City Manager may choose to take personal time off for a portion of regular business hours when it is appropriate and when City Manager’s duties allow. This personal time off should not be considered a replacement for vacation time which should be used as appropriate. This time is also not to be considered as compensatory time for time spent by City Manager in carrying out the City ’Manager duties outside normal office hours, 615
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2 as the parties agree that City Manager must devote the amount of time necessary to fulfill those duties. The Council will consider City Manager’s use of personal time-off during the performance evaluation.

1.4 Devotion to City Business.

The City Manager’s position is full-time. City Manager shall not engage in any business, educational, professional, charitable, or other activities that would conflict or materially interfere with performance of his City Manager duties, except as may be specifically authorized by the City Council.

2. Term & Renewal.

This Agreement shall be deemed effective beginning on September 11, 2025 and continuing indefinitely, except that services of the City Manager may be terminated as set forth in Section 10.

3. Compensation.

3.1 Salary.

City agrees to pay City Manager, and City Manager agrees to accept from City, as compensation for services rendered by City Manager pursuant to this Agreement, an annual base salary, commencing on September 11, 2025, in the amount of Two Hundred Eighty-Five Thousand Dollars ($285,000.00) (hereinafter “Annual Base Salary”), subject to any and all legally necessary taxes and holdings, and payable in installment payments in the same manner and at the same times as salaries of other executive managers of the City are paid.

Commencing one year from the Effective Date, and each year thereafter, said Annual Base Salary shall be eligible for adjustments subject to the same procedures by which the salaries of other executive managers of City are adjusted for meritorious performance, except that any such adjustments shall be at the sole discretion of the City Council.

The term “Annual Base Salary” as used in this Agreement shall also include any cost of living adjustments approved by the City Council for other management employees provided that such cost of living adjustment does not exceed the California Consumer Price Index for All Urban Consumers as calculated by the Department of Industrial Relations (“CPI”) pursuant to Government Code 3511.2, on a July to July annual basis. Any cost of living adjustment exceeding CPI may be approved by a vote of the City Council.
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3 3.2 Health and Medical Benefits.

Except as provided for otherwise in this Agreement, City Manager shall be entitled to receive all benefits, including opt-out provisions, provided to other City executive management employees, as outlined the City’s Flexible Benefit Plan.

3.3 Pension.

The City agrees to continue the City Manager’s enrollment as a member of the California Public Employees Retirement System (CalPERS) at the 2% at 55 formula in accordance with CalPERS regulations, which includes a requirement for an “employee share” contribution. The City will also provide City Manager with a 457 retirement plan and the City shall make contributions to the plan at the same rate as other executive employees.

3.4 Retiree Medical.

The City Manager shall participate in the established Retiree Health Savings Plan (RHSP) for the reimbursement of medical premiums and IRS approved medical expenses in retirement, at the same level and under the same regulations as other management employees hired after December 31, 2014.

3.5 Life and Long Term Disability Insurance.

City Manager shall also be entitled to participate in any group life or disability insurance programs approved by the City for all employees; however such coverage shall be limited to the first $200,000.00 of salary.

3.6 Other Benefits.

In addition, and except as otherwise specified herein, City Manager shall receive all such other benefits and compensation that are generally applicable to executive employees of the City hired on the date of this Agreement, as the same may be modified from time to time after the date of this Agreement, including but not limited to CalPERS retirement benefits, long term disability insurance, holidays, bereavement and family illness leave.

3.7 Sick Leave Benefits
Upon commencement of employment, City Manager will maintain his current sick leave balance. Additionally, the City Manager shall accrue ninety-six (96) hours which amounts to twelve (12) days of paid sick leave annually and use of such leave shall be in accordance with City policy. City Manager’s sick accrual and maximums shall follow the City’s guidelines.

3.8 Vacation Leave Benefits
Upon commencement of employment, City Manager will maintain his current vacation balance. Additionally, City Manager shall accrue two hundred eight (208) hours of vacation each year, accrued at the rate of eight (8) hours per pay period. City Manger’s vacation accrual methods and requirements are set forth in City policy, and the City Manager shall be entitled to accrue vacation consistent with the common practice for 617
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4 executive employees. Employee’s vacation accrual and maximums will follow the City’s guidelines.

3.9 IRS 401a
The City will offer an IRS 401a Defined Contribution plan, allowing up to 10% salary deferral with up to 2% matching contribution by City.

4. Performance Evaluation.

The City Manager shall submit quarterly progress reports regarding the execution of Council priorities and goals. Council shall review the City Manager’s job performance at least once annually. The City Manager shall remind the Council of its obligations under this Section each year and shall work with the Council in finding an appropriate time to place his annual evaluation on the agenda. The Council shall in writing and in accordance with criteria established by the Council in consultation with the City Manager, develop the annual performance reviews and evaluations. The Council shall provide the City Manager a reasonable and adequate opportunity to discuss the City Manager's evaluation with the Council.

The annual performance reviews and evaluations shall be reasonably related to the City Manager's written job description and shall be based, in whole or in part, on goals for the City Manager's performance that are jointly developed and adopted by the Council and the City Manager.

5. Bonds.

City shall bear the full cost of any fidelity or other bonds required of City Manager under any law or ordinance.

6. Auto Allowance.

City Manager shall be entitled to an automobile allowance for a personal vehicle required for City business. The automobile allowance shall be $600 per month. City Manager shall be responsible for the costs of operation, repair, maintenance, and liability, property damage and comprehensive insurance for such personal vehicle.

7. General Business Expenses.

7.1 City agrees to budget and pay for professional dues and subscriptions for City Manager necessary for his continuation and participation in national, regional, state and local boards, task-forces, conferences and meetings, associations and organizations desirable for City Manager’s continued participation, professional growth, and advancement, and for the benefit of the City. At a minimum, such professional dues shall include participation in the International City/County Management Association (ICMA) and the California City Managers Foundation.

7.2 City agrees to budget and pay for travel expenses, in accordance with existing policy, of City Manager for professional and official travel, board and task-force meetings, conferences, and occasions to adequately continue the professional development of City Manager and to pursue necessary official functions for City. 618
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5 7.3 City recognizes that the City Manager may incur expenses of a non-personal, job-related nature that are reasonably necessary to the City Manager’s service to the City.

The City agrees to either pay such expenses in advance or to reimburse the expenses, so long as the expenses are incurred and submitted in accordance with the City’s normal expenditure reimbursement procedures. To be eligible for reimbursement, all expenses must be supported by documentation meeting the City’s normal requirements and must be submitted within time limits established by the City.

7.4 Notwithstanding the above, to the degree the City must make budget reductions, appropriate reductions in General Business Expenses commensurate with reductions in other citywide accounts may be made at the sole discretion of the City Council.

8. Abuse of Office or Position.

Pursuant to Government Code Sections 53243, 53243.1 and 53243.2, if City Manager is convicted of a crime involving an abuse of his office or position, all of the following shall apply: (1) if Manager is provided with administrative leave pay pending an investigation, City Manager shall be required to fully reimburse City such amounts paid; (2) if City pays for the criminal legal defense of City Manager (which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), City Manager shall be required to fully reimburse City such amounts paid; and (3) if this Agreement is terminated, any Severance Pay and Severance Benefits related to the termination that City Manager may receive from City shall be fully reimbursed to City or void if not yet paid to City Manager. For purposes of this Section, abuse of office or position means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under color of authority; or (2) a crime against public justice, including, but not limited to, a crime described in Title 7 (commencing with Section 92) of Part 1 of the Penal Code.

9. Notices.

Any notice required or permitted by this Agreement shall be in writing and shall be personally served upon the other Party, or sent by United States Postal Service, postage prepaid and addressed to the appropriate Party as follows:

If to City: Attn: Mayor
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
If to City Manager: Christopher Escobedo
City Manager
73510 Fred Waring Drive
Palm Desert, CA 92260
Notice shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service. 619
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6 10. Termination.

10.1 At-Will Employee.

City Manager shall serve at the will and pleasure of the City Council. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to suspend from duty, remove from office or otherwise terminate the services of City Manager at any time, at the sole discretion of the City Council. This Agreement may be terminated as follows.

10.2 Termination - Council Vote.

The City Council may remove the City Manager Without Cause by motion adopted by the affirmative votes of a majority of the members of the City Council.

Notwithstanding such authority, the City Manager may not be removed within ninety (90) days before or after the date of a municipal election, or recall of one or more of the members of the City Council.

10.3 Termination - Change in Form of Government.

If any of the governing policies pertaining to the role, power, duties, authority, or responsibilities of City Manager are amended to substantially change City’s form of government, either by action of the City Council, a duly passed initiative measure or state legislation, City Manager shall have the right to terminate the Agreement and receive Severance Pay under Section 10.9.

10.4 Reduction of Salary or Benefits.

The City Council may reduce the Annual Base Salary or any other financial benefit of the City Manager, as provided by this Agreement or in the Municipal Code in a manner equivalent to reductions of all management employees.

10.5 Resignation.

City Manager may voluntarily resign his position as City Manager, after giving City at least thirty (30) days written notice prior to the effective date of such resignation, unless such notice is waived in whole or part by the City Council. In the event the City Manager resigns from his employment with City, the City Manager shall not be entitled to any Severance Pay.

10.6 Death.

If, during the term or any extended term, the City Manager dies, the employment and this Agreement is terminated. The City Manager’s estate shall receive any accrued and owed salary and benefits, but shall not be entitled to any additional compensation or payment, including but not limited to Severance Pay.

10.7 Disability.

In the event the City Manager is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, or mental incapacity for a period of six (6) consecutive months, the City may terminate the City Manager’s employment and 620
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7 this Agreement. City Manager shall be entitled to Disability benefits as provided by CalPERS and the terms of any Long Term Disability insurance plan, but not any additional compensation or payment, including Severance Pay.

10.8 Cause.

The City Council may remove the City Manager for Cause without any need for Severance Pay by motion adopted by the affirmative votes of a majority of the City Council. Cause for purposes of this Agreement shall only mean the following:
(a) Acts in bad faith or gross misconduct to the detriment of the City or to the City Manager’s reputation;
(b) Refusal or failure to act in accordance with any legal requirement or specific direction or order of the City Council;
(c) Unsatisfactory performance (as documented through the evaluation process described in section 4), misconduct, dishonesty, habitual neglect, or incompetence;
(d) Involvement in crime involving dishonesty, breach of trust, or public conduct reflecting negatively on the City (no pending criminal prosecution need be in effect for termination due to fraud, embezzlement or public conduct reflecting on the City; rather the Council must only have a good faith belief based on a good faith investigation);
(e) Violation of any City Council adopted policies; or
(f) Breach of any material term of this Agreement, after thirty days’ notice and opportunity to cure.

Upon any allegation that the City Manager has engaged in conduct that would result in his termination “for cause” as defined above, he is entitled to address and attempt to rebut those allegations before the Council in an open or closed session, at City Manager’s option, prior to the Council making any final determination regarding the veracity of those allegations. In the event the Council, in its discretion, still finds merit to the allegations and terminates, the Employee shall not be entitled to any severance and will be owed no further compensation.

10.9 Severance Pay.

In the event this Agreement is terminated pursuant to section 10.2 or 10.3 of this Agreement, the City Manager shall receive a severance payment as follows:
(a) During the first three years of Agreement: in a lump sum, equal to nine (9) months of City Manager’s then monthly Base Salary. (b) During the fourth and all subsequent years of Agreement: in a lump sum, equal to six (6) months of City Manager’s then monthly Base Salary. 621
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8 Such severance payment shall be his sole remedy for termination under sections 10.2 or

10.3 of this Agreement. The Severance Pay shall be paid after the City Manager executes a waiver and release agreement prepared by the City Attorney in a form substantially similar to that one set forth as Exhibit “A” to this Agreement.

Notwithstanding the foregoing, if the City Manager is terminated for Cause, pursuant to Section 10.8 of this Agreement, then City Manager shall not be eligible for Severance Pay.

11. General Provisions.

11.1 This writing constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior oral or written representations or written agreements on the subject matter hereof, which may have been entered into between the parties. No modification or revision to this Agreement shall be of any force or effect, unless the same is in writing and executed by the Parties hereto.

11.2 Each Party agrees and acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any Party, which are not embodied herein and that any agreement, statement, or promise not contained in this Agreement shall not be valid or binding on either Party.

11.3 If any provision, or portion thereof, contained in the Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.

11.4 This Agreement shall be governed by and construed in accordance with the law of the State of California. Venue shall be in Riverside County.

11.5 This Agreement shall be construed as a whole, according to its fair meaning, and not in favor or against any Party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit or against the Party responsible for any particular language in this Agreement.

11.6 City Manager acknowledges that he has had an opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement.

11.7 In any dispute arising out of this Agreement, the prevailing party shall recover its reasonable attorneys’ fees and costs.

12. Other Terms and Conditions of Employment.

The City, only upon agreement with City Manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the City Manager, provided such terms and conditions are not inconsistent 622
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9 with or in conflict with the provisions of this Agreement, the City Code, or any other law, ordinance or City Resolution.

Except as otherwise provided in this Agreement, City Manager shall be entitled to the highest level of benefits that would be enjoyed by other executive department heads of the City with the same hire date as provided in the Municipal Code, Personnel Rules and regulations, or by practice.

13. Indemnification.

13.1 City shall defend, hold harmless and indemnify City Manager against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of any alleged act or omission occurring in the performance of City Manager’s duties or resulting from the exercise of his judgment or discretion in connection with the performance of his duties, unless the act or omission involved unlawful conduct. City shall not unreasonably refuse to provide for legal representation at City’s expense. Legal representation, provided by City for City Manager, shall extend until a final determination of the legal action including any and all losses, damages, judgment, interests, settlements, fines, court costs, and the reasonable costs and expenses of legal proceedings, including appeals, and including attorneys’ fees, and expert witness fees and all other trial and appellate costs, and other liabilities incurred, imposed upon, or suffered by such City Manager in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of City Manager’s duties.

13.2 City agrees to pay all reasonable litigation expenses of City Manager throughout pendency of any City-related litigation to which City Manager is a party, witness or advisor to the City. Such expense payments shall continue beyond City Manager’s employment with the City as long as litigation is pending. Post-employment, City agrees to pay City Manager for reasonable consulting fees, travel expenses and other costs, when City Manager serves as a witness, advisor or consultant to City regarding pending litigation. [Signatures on following page]
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10 IN WITNESS WHEREOF, the parties have executed this City Manager Employment Agreement on the 11th day of September, 2025.

CITY OF PALM DESERT
By:

Jan C. Harnik
Mayor

EMPLOYEE/CITY MANAGER
By:

Christopher Escobedo
City Manager
ATTEST:

By:

Anthony J. Mejia
City Clerk
APPROVED AS TO FORM:

By:

Isra Shah
City Attorney
Clerk QC: ______
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Exhibit “A”

GENERAL WAIVERS AND RELEASES
I, the undersigned, do hereby acknowledge and attest that I have read and understood Section 10.9 of my Employment Agreement with the City of Palm Desert and hereby agree that by accepting Severance Pay pursuant to the terms of my Employment Agreement, I agree to waive all rights to further claims, remedies, or legal action against the City, its officers and employees.

In exchange for receipt of the Severance Pay, and all other salary and benefits owing, I and my representatives, heirs, successors, and assigns do hereby completely release and forever discharge the City of Palm Desert and its related entities and their present and former officers, directors, council members, agents, employees, attorneys, and successors (collectively, “Released Parties”) from all claims, rights, demands, actions, obligations, liabilities, and causes of action of every kind and character, known or unknown, mature or unmatured, which I may have now or in the future arising from any act or omission or condition occurring on or prior to the date this General Waivers and Releases is signed whether based on tort, contract (express or implied), or any federal, state, or local law, statute, or regulation (collectively, the “Released Claims”). Released Claims shall also include, but not be limited to, claims for wages or other compensation due, severance pay, bonuses, sick leave, vacation pay, life or health insurance, or any other fringe benefit.

City Manager knowingly and voluntarily waives any and all rights or benefits that he may now have, or in the future may have, under the terms of Section 1542 of the California Civil Code, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH

THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS

OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,

WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

City Manager acknowledges that he has read and understands this waiver and voluntarily and knowingly is waiving his right under Section 1542 to pursue unknown or unanticipated claims, rights, demands, actions, obligations, liabilities, and causes of action of any kind.

Unless otherwise required by law, City Manager shall not file any claim, sue or initiate an action against any Released Party or participate in any compliance review, action, or proceeding, individually or as a member of a class, under any contract (express or implied), or any federal, state, or local law, statute, or regulation pertaining in any manner to the Released Claims.
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A-12
Approved and Agreed to By:

NAME

CITY OF PALM DESERT
Mayor
ATTEST:

City Clerk
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Erica Powell, Management Analyst
Thomas Soule, Public Affairs Manager
SUBJECT: 2026 CALIFORNIA DESERT PLEIN AIR FESTIVAL SPONSORSHIP

REQUEST
RECOMMENDATION:

Approve sponsorship for the 2026 California Desert Plein Air Festival.

BACKGROUND/ANALYSIS:

Palm Springs Life and the Desert Plein Air Association (DPAA) have requested continued sponsorship for the 2026 California Desert Plein Air Festival. The inaugural 2025 festival— rebranded under the ‘California Desert’ identity—established Palm Desert as the hub of pleinair activity in the Coachella Valley.

On August 28, 2025, the City Council held a Study Session during which Palm Springs Life presented a post-event recap of the 2025 California Desert Plein Air Festival. The presentation reviewed outcomes related to attendance, promotional value, regional positioning, and reinforced the event’s contribution to the City’s arts and tourism goals.

Headquartered at the Artists Center, located at 72-567 Hwy 111, Palm Desert, the 2025 festival spanned three weeks from January 8 through February 2, 2025, and included four days of paintouts at scenic locations, artist workshops, lectures, exhibitions, and artwork sales. The event featured over 40 professional plein air painters from across the country, with a $15,000 Best in Show prize.

The festival established a solid foundation in both attendance and promotional reach:
 Attendance: Over 3,000 people participated in festival programming, including strong turnout for public events held in Palm Desert.
 Artist Participation: The event attracted nationally recognized plein-air painters, many of whom have expressed interest in returning.
 Marketing Reach:
o Editorial Impressions: 241,765 (valued at $32,068)
o Media Impressions: 1,066,520 (valued at $71,604)
o Total Advertising Value: $103,672
The 2025 festival demonstrated measurable benefits in tourism, economic activity, and cultural branding during a peak visitor season.
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City of Palm Desert
2026 California Desert Plein Air Festival Sponsorship Request

At its meeting on June 11, 2025, the Cultural Arts Committee voted 5-0 to recommend approval of continued sponsorship for the 2026 California Desert Plein Air Festival.

Staff supports renewing the sponsorship to build on the festival’s momentum and to strengthen Palm Desert’s reputation as a premier destination for arts and cultural programming.

FINANCIAL IMPACT:

The total proposed sponsorship for FY 2025-26 is $25,000, the same level as in FY 2024-25.

Funding would be split evenly between the Public Art Fund (Account No. 4364650-4309200) and the City’s Marketing Fund (Account No. 1104417-4322201) and has been included as part of the approved FY 2025-26 Annual Budget.

ATTACHMENTS:

1. June 11, 2025, Cultural Arts Committee Staff Report
a. 2026 California Desert Plein Air Festival Proposal
b. 2025 CA Desert Plein Air Festival Summary
c. FY 2024-25 Plein Air Budget

2. Approved minutes from June 11, 2025, Cultural Arts Committee meeting

3. 2025 California Desert Plein Air Festival Summary Report 628

CULTURAL ARTS COMMITTEE

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: June 11, 2025
PREPARED BY: Erica Powell, Management Analyst
SUBJECT: CONSIDERATION OF 2026 CALIFORNIA DESERT PLEIN AIR FESTIVAL

SPONSORSHIP
RECOMMENDATION:

Recommend City Council approve sponsorship for the 2026 California Desert Plein Air Festival.

BACKGROUND/ANALYSIS:

The City of Palm Desert received a sponsorship request from Palm Springs Life and the Desert Plein Air Association (DPAA) for the 2026 California Desert Plein Air Festival. The 2025 event, held over three weeks in January, featured four days of paint-outs at scenic locations throughout the Coachella Valley and surrounding desert areas, including multiple locations in Palm Desert.

The festival was headquartered at the Artists Center in Palm Desert and included artist workshops, public talks, an exhibition and awards ceremony, and artwork sales. The event attracted top plein-air painters from across the United States with $15,000 awarded for Best in Show.

The 2025 festival was the first under the new branding as the California Desert Plein Air Festival and successfully positioned itself as a destination art event for the region. Palm Desert served as the core hub for event activity.

The festival exceeded expectations in both attendance and promotional reach:
 Attendance:
o Over 3,000 attendees
 Media Coverage:
o Editorial Impressions/Readers: 241,765, valued at $32,068 o Media Impressions/Readers: 1,066,520, valued at $71,604 o Total Advertising Impressions (Print, Digital, and Social): 1,308,285, with a total value of $103,672
The 2025 festival demonstrated strong public engagement and economic impact, justifying continued investment in its growth. Staff supports renewing the sponsorship to build on the festival’s momentum and to strengthen Palm Desert’s reputation as a premier destination for arts and cultural programming.

FINANCIAL IMPACT:

Palm Springs Life is requesting continued sponsorship in the amount of $25,000 for the 2026 California Desert Plein Air Festival, which is the same amount that was awarded for the 2025 62911
Cultural Arts Committee
City of Palm Desert
(2026 CA Desert Plein Air Festival)

event. Staff recommends approval of this sponsorship, with $12,500 allocated from the Public Art budget and $12,500 from the City’s Marketing budget. The sponsorship will continue to provide Palm Desert with significant marketing value, enhanced public programming, and community engagement opportunities.

ATTACHMENTS:

1. 2026 California Desert Plein Air Festival Proposal

2. 2025 CA Desert Plein Air Festival Summary

3. 2025 Plein Air Budget
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Revenue Description of Services/Comments
Sponsorships Cash
City of Palm Desert 25,000
El Paseo Business Improvement District 5,000
Total 30,000
Ticket Sales $
Entry Fees Cat 1 765
Entry Fees Cat 3 2,950
Art Sold 4,820
Workshop Oil 783
Workshop Watercolor 967
Total Revenue 40,285
Expenses
General Expenses
Palm Springs Life Sponsorship Fees 20% 6,000
Plein Air Magazine 2,195
Judging Fees 407
Program Expenses
Projector Rental 450
Projector Screen Purchase 76
Chair Rental 70
Guest Accommodations
Best Western 4,573
Awards Reception Expenses
Pacific Coast Palate Fee 3,000
Supplies 202 Plates, napkins, cups
Wine 224
Prize Money 15,000
Misc Expenses
Awards Ribbons 180
MailChimp 33
Insurance 100
Permit 135
Printing
Lanyards 32
Printing staff/artirsts 66
Waivers 12
Poster Boards 402
Rack Cards 286
Promotional
Website, campaign development, and media 25,000 Value
Workshop - Oil Expense
Hotel 350
Workshop - Watercolor Expense
Hotel 526
Total Expenses 59,320
Net Income (Loss) -19,035
Desert Publications Inc
Event Name: Desert Plein Air Paint the Desert Festival
Dates: January 10-16, 2025
Venue: Art Museum
654
Cultural Arts Committee Minutes
June 11, 2025
2 5. BUSINESS ITEMS

5.a CONSIDERATION OF 2026 CALIFORNIA DESERT PLEIN AIR FESTIVAL

SPONSORSHIP
Management Analyst Powell, Paulina Larson, of Palm Springs Life Magazine, and Diane Moore, of Desert Plein Air Association, provided a staff report and responded to member inquiries.

Brian Boyce, of Skidmore Contemporary Art, spoke in support of the festival.

Lia Skidmore, of Skidmore Contemporary Art, spoke in support of the festival.

Motion by: Committee Member Mitze
Seconded by: Committee Member Boren
Recommend City Council approve sponsorship for the 2026 California Desert Plein Air Festival.

Motion Carried (5 to 0)

5.b CONSIDER DEACCESSION OF TWO EL PASEO ENTRY SIGNS BY WATER STUDIO
Management Analyst Powell provided a staff report and responded to member inquiries.

Motion by: Committee Member Flint
Seconded by: Committee Member Mitze
Recommend the City Council approve deaccession of two El Paseo entry signs by Water Studio.

Motion Carried (5 to 0)

5.c CONSIDERATION OF SCULPTURE PURCHASE FROM 2025 DESERT X

EXHIBITION
Management Analyst Powell provided a staff report and responded to member inquiries.

Motion by: Committee Member Flint
Seconded by: Committee Member Boren
Do not proceed with the purchase of an exhibit from Desert X 2025.

Motion Carried (5 to 0)
Docusign Envelope ID: 690A3E46-09E9-4DD2-9690-CDE634947326 655
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Vanessa Mager, Management Analyst
SUBJECT: AWARD OF CONTRACT FOR EL PASEO COURTESY CART PROGRAM RECOMMENDATION:

1. Award a contract to ACE Parking III, LLC, in an amount not to exceed $295,979 for the operation of the El Paseo Courtesy Cart Program during Fiscal Year 2025-26, with options for two one-year extensions.

2. Authorize the City Attorney to make non-monetary changes to the contract.

3. Authorize the City Manager to continue negotiations with the vendor to finalize the contract, transfer necessary budget amounts, and to execute the agreement and any related amendments.

BACKGROUND/ANALYSIS:

Since 2004, the El Paseo Courtesy Cart Program has provided a free transportation service to visitors and businesses along the El Paseo shopping district, with service typically running from October through May. The most recent contract with Circuit Transit, Inc. expired in May 2025.

At the April 10, 2025, Study Session, the City Council supported extending operating hours on Fridays and Saturdays until 9 p.m., and until 7 p.m. Sunday through Thursday. The extension of operations was anticipated to possibly increase funding needs but was not considered in the FY 2025-26 budget request from staff.

To ensure selection by October 2025 and avoid service disruption, staff issued a Request for Proposals (RFP) through our online procurement portal OpenGov on July 18, 2025 (2025-RFP187). Two proposals were received:

Company Name Regular Time
Cost/Hour
Overtime
Cost/Hour
Total Cost of
Contract
Circuit Transit, Inc $48.35 $48.35 $266,026.05
ACE Parking III, LLC $27.07 $40.61 $265,784.00
The evaluation committee reviewed, scored and ranked proposals based on content of work plan, experience and performance, and cost. ACE Parking III, LLC (ACE) was determined to be the most responsive vendor due to its:
 Experience with luxury clientele, including Hotel Paseo, The Thompson Hotel in Palm Springs, and the Ritz-Carlton Rancho Mirage;
 Local staffing of more than 60 hospitality professionals;  Demonstrated ability to deliver concierge-style service; 677
City of Palm Desert
Award of contract for El Paseo Courtesy Cart Program

 Dedicated on-site management team.

Although ACE submitted the lowest base-cost proposal ($265,784), the initial submission included golf carts that did not meet the City's current service standards. Staff requested a revised proposal that includes two 6-passenger GEM vehicles with doors, enhancing safety, aesthetics, branding, and meets current standards. These are the same vehicles that Circuit Transit, Inc. used through the duration of the previous contract.

SERVICE OPTIONS CONSIDERED
 Option 1 – Rented Golf Carts ($265,784):
o Two rented 8-passenger golf carts
o One rented ADA-compliant cart
 Option 2 – GEM Vehicle Purchase ($295,979):
 Two new 6-passenger GEM vehicles with doors purchased by ACE Parking; ownership transfers to City after Year 1.
o Two new 6-passenger GEM vehicles with doors purchased by ACE Parking; ownership transfers to City after Year 1.
o One rented ADA-compliant GEM vehicle
Option 2 includes a higher Year 1 cost due to vehicle purchase, but the GEM carts will become City assets, which may be repurposed for special events (e.g., Golf Cart Parade, Independence Day, Concerts in the Park). In Years 2 and 3, contract costs will reduce to the base amount, subject to an estimated 2–3% annual CPI adjustment. The City will lease the GEM vehicles to ACE in Years 2 and 3 of the contract. In the future, if another vendor is selected through a competitive procurement process, the City can lease the GEM vehicles to that vendor. ACE will remain responsible for all vehicle operations, maintenance, and repairs throughout the entire contract performance period.

Staff recommends Option 2 for the following reasons:

1. Enhances visitor experience through improved aesthetics and safety;

2. Establishes long-term City assets (Estimated service life of four to eight years);

3. Provides branding opportunities;

4. Allows for vehicle reuse post-program;

5. Vendor has committed to temporary golf cart rentals to ensure service is not delayed during vehicle delivery.

Legal Review:

This report has been reviewed by the City Attorney’s Office.

FINANCIAL IMPACT:

The Fiscal Year 2025-26 Approved Financial Plan includes budget in the amount of $275,000 in Account No. 1104416-4368100 (Courtesy Carts). Should the City Council select Option 1, the cost can be accommodated within the existing budget. If Option 2 is approved, a one-time budget transfer will be necessary in the amount of $20,979 from Account No. 1104430-4309000 678
City of Palm Desert
Award of contract for El Paseo Courtesy Cart Program

(Economic Development – Professional Other). Future year allocations will be made during the annual budget process and contingent on available funds.

ATTACHMENTS:

1. Draft Agreement 2025

2. ACE Parking Proposal

3. Vehicle Options
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CITY OF PALM DESERT

AGREEMENT FOR SERVICES TO OPERATE

THE EL PASEO COURTESY CART SERVICE
OCTOBER 13, 2025 THROUGH MAY 26, 2026

1. Parties and Date. This Agreement is made and entered into this 11th day of September, 2025, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578 (“City”) and ACE Parking III, a Limited Liability Company, with its principal place of business at 645 Ash Street, San Diego, CA 92101 ("CONTRACTOR"). The City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 Project.

The City is a public agency of the State of California and is in need of professional services for the following project:

Operation of the El Paseo Courtesy Cart Service, a non-fixed route public transit service within the City of Palm
(hereinafter referred to as “the Project”).

2.2 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain operational services required by the City on the terms and conditions set forth in this Agreement.

Contractor is duly licensed and has the necessary qualifications to provide such services.

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations

3.1.2 Term. The term of this Agreement shall be from October 13, 2025, to May 25, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three (3) additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Contractor.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. 681
Any personnel performing the Services shall not be employees of City and shall at all times be under Contractor's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Contractor or any of Contractors officers, employees or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.

The key personnel for performance of this Agreement are as follows: Mostafa Tohamy, Regional Director, Coachella Valley.

3.2.5 City's Representative. The City hereby designates Vanessa Mager, Management Analyst, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Contractor but not the authority to enlarge the scope of Services or change the total compensation due to Contractor under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Contractor's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Contractor shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.6 Contractor's Representative. Contractor hereby designates Mostafa Tohamy, Regional Director, Coachella Valley, or his/her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors, and other staff at all reasonable times.
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3.2.8 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided herein. Any employee of the Contractor or its sub-Contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).

Contractor shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Contractor (“Performance Milestones”). Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Contractor to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.2.10 Laws and Regulations; Employee/Labor Certification. Contractor shall 683
keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.2.9.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subcontractors and subsubcontractors to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement.

3.2.10.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.10.3 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.

3.2.11 Insurance.

3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, 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. (A) 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. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. 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.
(B) Automobile Liability Insurance. Contractor shall maintain 684
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Contractor will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance. [RESERVED]
(D) 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 the City, its officers, agents, employees, volunteers, and representatives.
(E) 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:
(1) 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;
(2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies.
(5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(F) Taxi Cab Companies – Commercial Auto Liability Insurance:

Contractor shall maintain Taxi Cab Companies – Commercial Auto Liability Insurance with limits of at least $1,000,000 combined single limit) covering all vehicles to be operated by CONTRACTOR, and all drivers.

3.2.11.2 Other Provisions or Requirements.
(A) 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 for workers’ compensation. Insurance certificates and endorsements 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 685
Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Contractor shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, his/her agents, representatives, employees or subcontractors. (C) Primary/Non-Contributing. Coverage provided by
Contractor 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 selfinsurance shall be called upon to protect it as a named insured. (D) 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 terminate this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers 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.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives 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 the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(G) 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 non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. 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 Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits 686
maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide 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.
(J) 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 and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage 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.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’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. (M) Pass Through Clause. Contractor agrees to ensure that its subContractors, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor 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. Contractor agrees that upon request, all agreements with subContractors, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement 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 additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) 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. (P) 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.
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(Q) 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 Services.

3.2.12 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.

Contractor must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies of this Section.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Ninety-Five Thousand Nine Hundred Seventy-Nine Dollars ($295,979) without written approval of the City Council or City Manager, as applicable. 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

3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Contractor. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Contractor's fees, the City shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement.

3.3.4 Travel Expenses. [RESERVED]

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization 688
from the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. [RESERVED]

3.4.2 Registration/DIR Compliance. [RESERVED]

3.4.3 Labor Certification. [RESERVED]

3.5 Accounting Records.

3.5.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5.2 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. 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.

3.5.3 Annual Driver Review. Contractor shall at least annually review the performance and DMV 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

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under 689
this Agreement.

3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation.

3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor: ACE Parking III, LLC
645 Ash St.

San Diego, CA 92101
ATTN: John Baumgardner
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Vanessa Mager, Economic Development
Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Contractor on other projects without the City’s express written permission. Within thirty (30) days 690
following the completion, suspension, abandonment or termination of this Agreement, Contractor shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Contractor is entitled under the termination provisions of this Agreement, Contractor shall provide all Documents & Data to City upon payment of the undisputed amount. Contractor shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Contractor shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Contractor shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.6.3.2 Subcontractors. Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Contractor or its subcontractors, or those provided to Contractor by the City.

3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Contractor shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Contractor’s seal from the Documents & Data and indemnify and hold harmless Contractor and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Contractor shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Contractor shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Contractor, a party for whom the Contractor is legally responsible or liable, or anyone approved by the Contractor.

3.6.3.4 Indemnification – Documents and Data. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to 691
any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.3.6 Confidential Information. The City shall refrain from releasing Contractor’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Contractor of its intention to release Proprietary Information. Contractor shall have five (5) working days after receipt of the release notice to give City written notice of Contractor's objection to the City's release of Proprietary Information.

Contractor shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Contractor fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

3.6.5 [Reserved]

3.6.6 Indemnification.

3.6.6.1 To the fullest extent permitted by law, Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Contractor's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Contractor, the City, its officials, officers, employees, agents, volunteers, or representatives.

3.6.6.2 If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of 692
competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.

3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.10 City's Right to Employ Other Contractors. City reserves right to employ other Contractors in connection with this Project.

3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

3.6.12 Assignment; Subcontracting. Contractor shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Contractor shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions 693
shall continue in full force and effect.

3.6.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.19 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
694

SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT

AND ACE PARKING III, LLC
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF PALM DESERT
By:

Chris Escobedo
Interim City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney

ACE PARKING III

A LIMITED LIABILITY COMPANY
By:

John Baumgardner
CEO
City Clerk QC: _____
Contract QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
695
EXHIBIT “A”

SCOPE OF SERVICES
Contractor shall provide the following services in support of the City of Palm Desert’s El Paseo Courtesy Cart Program:

1. Service Area and Operations
 Provide free courtesy cart service along a 1.5-mile stretch of El Paseo.  Operate three (3) Neighborhood Electric Vehicles, one (1) of which shall be ADA accessible.
 Service shall be offered seven (7) days per week during the program season, as follows:
o Sunday through Thursday: 11:00 a.m. to 6:00 p.m. (7 hours per day) o Friday and Saturday: 12:00 p.m. to 9:00 p.m. (9 hours per day)  Service season shall run approximately seven (7) months per year, from October 13, 2025, through May 26, 2026, in accordance with the schedule attached hereto.

2. Fare-Free Public Service
 Service shall be provided as a public courtesy at no charge to passengers.  Drivers shall not solicit or request tips in any manner for services rendered.

3. Vehicles
 Contractor shall secure two (2) GEM E6 vehicles at a cost of $44,000, which is included in the total program cost.
 Upon completion of the one-year agreement, the GEM E6 vehicles shall become the property of the City of Palm Desert.
 Contractor shall provide and operate one (1) additional Neighborhood Electric Vehicle, ADA accessible, for the duration of the program.

4. Maintenance and Management
 Contractor shall be responsible for all maintenance and upkeep of vehicles throughout the contract term.
 Contractor shall provide qualified staff to operate the vehicles safely, courteously, and in compliance with all applicable laws and City requirements.

5. Program Administration
 Contractor shall manage day-to-day operations of the service, including scheduling, staffing, and vehicle readiness.
 Contractor shall ensure all vehicles are properly insured, permitted, and compliant with safety standards.
696
EXHIBIT “B”

SCHEDULE OF SERVICES
2025 - 2026 City of Palm Desert NEV Operations Schedule Standard Hours
Month
Total #
of Days
Hours Per Day
(Sun – Thurs)
# of
Days
Hours Per Day
(Fri – Sat)
# of
Days
Total
Hours Per
Cart
October 13 - 31, 2025 19 7 14 9 5 143
November 1-30, 2025
(excluding
Thanksgiving)
29 7 20 9 9 221
December 1-31, 2025
(Excluding Christmas) 30 7 22 9 8 226
January 1-31, 2026 31 7 21 9 10 237
February 1-28, 2026 28 7 20 9 8 212
March 1-31, 2026 31 7 23 9 8 233
April 1-30, 2026 30 7 22 9 8 226
May 1-25, 2026 25 7 17 9 8 191
Possible Overtime Hours
Month(s) Hours Per
Month
Number of
Months
Total Hours
Per Cart
October 2025 - February 2026 4 5 20
March, 2026 64 1 64
April - May 2026 4 2 8
Total Annual Overtime Hours Per Cart 92
Total Annual Regular Hours For (3) Carts 276
697
698
Option 1 – 8 passenger golf carts & ADA golf cart
699
Option 2 – 6-passenger GEM vehicles with doors and one rented ADA-compliant GEM vehicle
700
RFP No. 2025-RFP-187

OPERATION OF NEV FOR COURTESY SHUTTLE SERVICE
Prepared Exclusively For: City of Palm Desert
July 2025
701
COVER LETTER 3
EXPERIENCE AND TECHNICAL COMPETENCE 5
A. BACKGROUND 5
B. REFERENCES 13
FIRM STAFFING & KEY PERSONNEL 17
A. STAFFING: 17
B. KEY PERSONNEL: 20
C. TEAM ORGANIZATION: 22
D. SUBCONTRACTORS: 22
PROPOSED METHOD TO ACCOMPLISH THE WORK 23

TABLE OF CONTENTS
702
3 COVER LETTER
July 31, 2025
Vanessa Mager
Management Analyst
[email protected] | (760) 776-6425
Cristal Ortega
Management Analyst
[email protected] | (760) 776-6327
Dear Vanessa and Cristal,
ACE Parking (“ACE”) is pleased to present a proposal for THE Operation of Neighborhood Electric Vehicles (NEVS) for Courtesy Shuttle Service for the City of Palm Desert. Our proposal will outline an ambassador approach to our shuttle operations that will help ensure strong customer service and easy transportation experience for your City’s guests and visitors, while allowing a collaborative partnership to develop and thrive between the City of Palm Desert and ACE.

VALUE PROPOSITION
We have outlined the following benefits with a partnership approach with ACE.

Extensive Local Market & Local Shuttle Experience
Longstanding Relationships within the Community
Experienced Local Support Team with High Level Engagement Palm Springs Labor Pool of Over 60 Hospitality Team Members ACE Regional Office Located in Palm Desert Just Minutes Away ACE Corporate Headquarters in San Diego
5-STAR HOSPITALITY LEVEL OF SERVICE
Your ACE team will leverage ACE Hospitality’s 55-year hotel experience to provide the finest personal services and facilities to our guests. Our guests will benefit from ACE’s 5-Star service standards, strategic advance planning, quick decision-making; accountability; and proactive communications with our local management team. “We are Ladies and Gentlemen serving Ladies and Gentlemen”!
ACE’S MUNICIPAL EXPERIENCE
ACE has built a reputation over the last 60 years of providing efficient operations and innovative consulting services for dozens of municipalities across the country. ACE takes pride in its collaborative approach to enforcement, providing services for many municipalities and government agencies. Our municipal experience started with the City of San Diego, a relationship which has continued without interruption for the past 60 years.

Palm Springs Labor
Pool
Over 60
Hospitality
Team Members
703
4 APPROACH TO YOUR SCOPE OF WORK
After a thorough review of the project requirements and objectives, our team has developed a strategic, thoughtful, and service-oriented approach designed to enhance mobility, elevate the rider experience, and optimize day-to-day operations. In the Proposed Method to Accomplish the Work section of our proposal we have included details about the following topics.

Transition plan
Customer Service Plan
Technology Plan
Staffing Plan
Communication Plan
Vehicle Maintenance Plan
Continuity Plan
Optional Amenities
Additional Recommendations

INDIVIDUAL AUTHORIZED TO NEGOTIATE AGREEMENT TERMS
I, Mostafa Tohamy, am authorized to negotiate agreement terms and compensation. My contact information including my address and phone number is listed below.

COMMITMENT
Your ACE team will bring a forward-thinking mindset to our partnership with the City of Palm Desert by taking a proactive approach to achieving the City’s service goals and exceeding operational expectations. We thank you for this opportunity to provide this proposal and do look forward to meeting with you to discuss next steps.

Sincerely,
Mostafa Tohamy
Regional Director
45400 Larkspur Lane
Palm Desert, CA 92260
[email protected] | (949) 307-7738
704
5 EXPERIENCE AND TECHNICAL COMPETENCE

BACKGROUND

EXPERIENCE AND TECHNICAL COMPETENCE
A. BACKGROUND
About ACE
Since 1950, ACE has grown to be one of the nation’s largest parking, transportation and technology solution providers in the country, serving nearly half a million customers daily.

Headquartered in San Diego, ACE is privately- & family-owned and offers direct access to our top executives and experts while maintaining transparency and a true partnership with our clients. We operate in many major markets across the U.S., partnering with municipalities, government agencies, Universities, airports, commercial property management firms, major hotel brands, property owners, developers, special event companies, and entertainment venues.
75-Year Family-Owned History
Regional Office in Coachella Valley
1,000 Locations Coast to Coast
500,000 Parking Stalls
5,000 Team Members
$1B Annual Revenue
Service & Expertise
ACE’s unique blend of experience, resources, relationships, and culture make us the parking and mobility services provider for operations of all sizes and designs. Below are some of ACE’s core skill areas and our approach to each.

MUNICIPALITY
From airports to civic institutions, ACE has the
experience to balance the regulatory
requirements with customer satisfaction.

SHUTTLE AND TRANSPORTATION
Large focus on government/municipal fixed route
shuttle transportation, hotel, mixed use, hospital
campus, corporate campus, and residential
community operations throughout the US.

CONSULTING
In 75 years of business, we’ve seen just about
everything. If sound advice is what you seek,
we’re here to talk anytime.

EVENT & MAJOR ATTRACTIONS
ACE has developed proprietary technology
solutions and service-centric procedures based
on a 75-year history managing event venues and
major attractions.

COMMERCIAL
ACE is more than a parking manager for some
of the largest corporations in America. We’re a
revenue growth advisor and partner.

MOBILITY SOLUTIONS
When parking is just one component of a journey,
you need smart, effective solutions that connect
Point A to Point Anywhere.

HOSPITALITY AND RESIDENTIAL
We take the time and make the effort to provide
your guests and residents with a flawless
experience worthy of your brand.

HEALTHCARE
When lives and health are on the line, a flawless
and efficient operation is critical. Our commitment
is to help patients and families when they need it
most.
705
6 EXPERIENCE AND TECHNICAL COMPETENCE

BACKGROUND
Southern California Presence
Our presence in Southern California includes longterm partnerships with dozens of prestigious municipal and hotel brands. In addition to our regional office in Coachella Valley, your operation will be supported by
our two nearby regional offices in Los Angeles in
addition to our corporate headquarters based in
Southern California, your operation will benefit from
ACE’s investments in our support team which includes
dedicated local Audit, Human Resources and
Recruiting Managers.

Local Presence
ACE has extensive knowledge in large resort hotels and the service expectations that come with them. We pride ourselves on building operational plans that are as unique as the operation itself. With the City of Palm Desert NEV Shuttle, we will tailor an operation that is specific to the City and its clientele. ACE’s hospitality clients are listed below. In addition, our regional office is located just one block away from the NEV shuttle route.
$244 M
Annual
Revenue
96%
Account Retention
143,000
Managed Stalls
1,700
Employees
94%
Audit Scores
400+
Operations
706
7 EXPERIENCE AND TECHNICAL COMPETENCE

BACKGROUND
EV Experience in the Coachella Valley
Our house car operations have become one of the WOW factors that take guest experience to the next level. In Palm Springs ACE partners with the Thompson Palm Springs Hotel providing complimentary transportation for our guests and VIP’s. The hotel utilizes the all electric 2025 Escalades IQ which makes ACE qualified to manage the electric golf cart operation for the City of Palm Desert.

Shuttle Experience
Our shuttle division developed by President Steve Burton, has been in existence for almost 30 years and has become one of the most tech forward and innovative divisions of our company. With a large focus on fixed route shuttle transportation, ACE has also expanded into hospital campuses, corporate campuses, residential community, hotel, and government/municipal transit operations throughout the US. ACE currently operates more than 125 medium/heavy-duty shuttles and transit buses with over 200+ fully licensed drivers for our corporate offices and municipal clients such as San Diego International Airport, the City of San Diego, John Wayne Airport, and City of San Jose.

Location Name – Shuttles Years
Operated
# of
Shuttles
Number of EV
Shuttles ACE
Implemented
Shuttle Size # of
Employees
Annual
Ridership Photo of Buses

BALBOA PARK TRAM
11 5 - 40 10 1M+
47 38
33 EV
Shuttle/Buse
s
20 to 25 100 2M
1 10 5 Proterra ZX1
Transit Buses
Mix of
Proterra

BEB, CNG
Transit
Buses and
Cutaway
Shuttles
150 500K

WORLDWIDE

HEADQUARTERS
7 6
6 EVs –
First 100%
Corporate
EV Fleet
20 10 75K
10 10 Electrification
in progress 20 to 30 35 550K
707
8 EXPERIENCE AND TECHNICAL COMPETENCE

BACKGROUND
Location Name – Shuttles Years
Operated
# of
Shuttles
Number of EV
Shuttles ACE
Implemented
Shuttle Size # of
Employees
Annual
Ridership Photo of Buses
9 10
2 Shuttles +
Service
Vehicles
15 to 35 50 1.3M
@ LAX & HYATT REGENCY
22 15 15 EV
Shuttles 15 to 21 55 1M
Start
Date
2025
14 10 35 4 750K
26 5 - 15 to 21 45 600K

BAY AREA
2 14 - 15 to 25 20 100K
3 5 N/A
24-28
Passenger
CNG E-450
Shuttles
15 125K
Shuttle Operation Expertise
Your ACE team will leverage this experience in managing teams of drivers, dispatchers, supervisors, and professional personnel to operate the City of Palm Desert’s NEV shuttle and ensure it quickly becomes a source of pride and valued resource for the entire community. We will accomplish this by hiring, training, and retaining professionally trained, driving staff that will embrace a City Ambassador role in addition to their shuttle operation duties. All customer questions and requests for information will also be addressed through well trained drivers and from the central dispatch office.
708
9 EXPERIENCE AND TECHNICAL COMPETENCE

BACKGROUND
Current EV Transportation Operations
Over the past 3 years, ACE has led the procurement, implementation, and operation of electric bus and shuttle fleets throughout the Western United States and has developed unrivaled expertise and institutional knowledge in EV charging, maintenance solutions, battery load management and charger health monitoring.

Notable ACE achievements include:

Ordering, financing, and procuring the 29 Endera electric shuttles in use at San Diego International Airport, including performing all post-delivery inspections, quality control measures and maintenance activities.

ACE obtained nearly 6M in grants from CARB and HVIP to offset the capital investment into this fleet purchase, relieving the airport of an arduous and complicated process to maximize available funding.

The net result of these efforts accounted for 40% of the fleet investment, generating millions in savings to our SAN partners.

Electrified shuttle operations at Illumina Worldwide Headquarters in July 2021 via procurement and implementation of a 6-shuttle fleet. Assisted Illumina, the jewel of San Diego’s burgeoning life science community, with meeting aggressive corporate sustainability transportation goals.

Launching San Diego’s first ever direct connection from the SD trolley system to SAN via all electric shuttles. The San Diego Flyer debuted in November 2021 as a free, 100% zero emission bus route designed to solve a historically challenging last-mile problem by seamlessly transporting airport employees and passengers between Old Town Station, a major San Diego transit hub, and SAN Terminals 1 and 2. This high-profile service has been covered substantially in local media as ridership has risen from 1,000/month to over 20,000/month in roughly 40 months of operation.

Partnership with SAN staff and subcontractors to erect 10 50 and 60 KW level 3 fast chargers on short notice when EV operations debuted on November 1, 2021 after a Covid-related shutdown of 18 months.

Operationalized 4 Proterra 35’ battery electric buses at SAN after these vehicles sat idle during Covidrelated shutdowns. These units went into service on January 10, 2022 supporting inter-terminal and employee passenger routes.

Electrified fossil-fuel shuttles used for economy lot passenger transportation and operational support at Phoenix Sky Harbor international airport.

Converted ACE’s Quik Park LAX shuttle fleet to EV through retrofitting the existing units and installing an electric drivetrain through partnership with Karma Automotive.

Electrified the Hollywood Burbank airport shuttle fleet in Q1 2025, aligning with the airport’s long term sustainable transportation goals as well as CARB mandates.

Delivered an innovative solution to John Wayne Airport leadership as part of new contract: ACE is procuring an XOS mobile EV charging hub to solve the airport’s near-term infrastructure challenges with respect to bus charging, allowing ACE and JWA to begin utilizing a heretofore dormant 5-unit Proterra fleet.
709
10 EXPERIENCE AND TECHNICAL COMPETENCE

BACKGROUND
Local Electric Shuttle Case Study
In 2021, ACE developed a new public transit connection to SAN airport that solved a longstanding connectivity gap between local public transit.

Partnering closely with airport leadership, ACE created the San Diego Flyer, which transports passengers from Old Town Station to the terminal complex and back 21 hours per day, 365 days per year, using a fleet of electric vehicles provided by Endera

GREW RIDERSHIP FROM
500 ▶ 20,000

PASSENGERS PER MONTH

COINCIDES WITH

TROLLEY & COASTER

SCHEDULES

CONTINUALLY IMPROVING
SERVICES (E.G. ADDING

BIKE RACKS)
ACE is proud of our
longstanding partnership with
the San Diego International
Airport and our collaboration
to build the first ‘train-to-theplane’ connection in regional history for airport passengers
and employees.
+50%

IMPROVED EFFICIENCY

BY CONSOLIDATING

SHUTTLE STOPS
710
11 EXPERIENCE AND TECHNICAL COMPETENCE

BACKGROUND
Municipal Experience
ACE has built a reputation over the last 60 years of providing efficient operations and innovative consulting services for dozens of municipalities across the country. ACE takes pride in its collaborative approach to enforcement, providing services for many municipalities and government agencies. Our municipal experience started with the City of San Diego, a relationship which has continued without interruption for the past 60 years.

Long-Term Partners = Proven Results
We believe there is no better proof of our commitment to operational excellence and to continuously achieving the results that matter most to our clients than the long-term partnerships we have maintained. 60 YEARS
35 YEARS
20 YEARS
15 YEARS
15 YEARS
711
12 EXPERIENCE AND TECHNICAL COMPETENCE

BACKGROUND
Consulting Experience
Our entire Executive Team will be directly engaged in creative solutions to continuously add value to shuttle services for the City of Palm Desert. Our Executive Team, led by President of Operations, Brian Gansert has assisted municipalities across the country with comprehensive consulting services based on over 30 years of parking and transportation management.

Your ACE team is committed to developing a long-term partnership with the City of Palm Desert. Throughout the term of a shuttle services agreement and will provide additional consulting services at cost. Following is a summary of the most relevant consulting services your ACE team can provide.

EV Charging & Solar Trees
Program Branding & Marketing
Website Development & Hosting
Website & Application Integration
Online Reservations & Sales
Stakeholder Engagement and Outreach
Online Customer Engagement Solutions
Video Intelligence Solutions
Parking Guidance & Inventory Systems Utilization Management & Trend Analysis Rideshare & Taxi Control Solutions Revenue Growth Strategies Curb Management
Live Dashboard Reporting
Architectural Design Review
Acquisition Underwriting & Due Diligence
Signage Program Development
Acquisition Underwriting & Due Diligence
Wayfinding & Traffic Flow
Gateless Revenue Control Solutions
Smart City Integrations
PARCS RFP Process Management
Consulting Examples
Caesars Las Vegas
Coordinated new state of the art PARCS to control 28,000 spaces with 80 access lanes
Installed 124 LPR cameras
Designed parking guidance signage and individual space availability indicators Seaport Village, San Diego
Developed revenue projections for dynamic, mixed-use project Architectural design for multiple above/below grade parking options Robotic parking & lift systems
Manchester Pacific Gateway
$1.3 Billion redevelopment of 12.07-acre navy Broadway complex Revenue and expense projections
3,100 parking spaces
The Bellevue Collection
Over 3,500 parking stalls
Reorganized the valet assist Garage parking operation
Decreased labor expenses by 12.5%
712
13 EXPERIENCE AND TECHNICAL COMPETENCE

REFERENCES
B. REFERENCES
Local Shuttle References
Thompson Palm Springs
Contact:

Robert Hernden
651-282-8513
Description: ACE operates Valet, Self-Parking and House Car operations for the Thompson Palm Springs.

Hotel Paseo
Contact:

Director of Events
760-895-4866
Description: ACE has partnered with the Hotel Paseo, Palm Springs since opening in 2017. ACE provides Valet, Bell and Shuttle Services.

Vespera Resort on Pismo Beach
Contact:

David Morneau's
General Manager
[email protected].

Description: We provide full valet, bell and a shuttle service for Vespera Resort. Vespera is a 124 room Marriott Autograph collection on the boardwalk of Pismo Beach. It is also a valet-only location and parks 25,000-30,000 cars per year.
“We are very pleased with the shuttle service operated by ACE Parking. It has become one of the most popular inclusions in our resort fees and provides guests with an efficient way to get to various locations in town. The service provided by the ACE team has been top notch and may guests’ comments on how pleased they are with the service and the hospitality exhibited by the team.” – David Morneau, General Manager
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14 EXPERIENCE AND TECHNICAL COMPETENCE

REFERENCES
San Diego International Airport
Contact:

Marc Nichols
Director, Ground Transportation
San Diego County Regional Airport Authority
P.O. Box 82776
San Diego CA, 92138
(619) 400-2824
[email protected]
Description: For the last 25 years, ACE has provided management of the single largest privately owned and managed shuttle system in San Diego at the San Diego International Airport. The Shuttle bus system includes 29 Endera E450 & E550 EV shuttle buses, with capacities of 18, 21 & 25 passengers per vehicle (depends on configuration) plus 4 Proterra 40-foot EV transit size buses with capacity for 35 passengers. ACE owns the majority of this fleet. This shuttle operation requires over 100 CDL licensed drivers providing service 24 hours per day, 365 days per year on 4 different shuttle routes to the airport employees and the airport customers “There is a good reason for our long-term mutual partnership. ACE gets the job done – plain and simple. We trust ACE managers, supervisors, and employees to represent the Authority as the first and last face that our customers see when they travel to and from our airport. ACE continues to impress and exceed our, and more importantly, our customer’s expectation – every day.” – Marc Nichols, Director, Ground Transportation
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15 EXPERIENCE AND TECHNICAL COMPETENCE

REFERENCES
Illumina Campus Shuttles, La Jolla, CA | Foster City, CA Contact:

Heather Archer
Facilities Services & Contracts Manager
Mobile: 858-202-4500
[email protected]
Description: ACE has been the operator of the Illumina Headquarters Campus shuttle system since 2016. ACE designed, procured, and currently operates seven 19-passenger Champion Challenger shuttles complete with GPS, the latest in driver monitoring and safety technology, and a full-color shuttle wrap. Currently, there are four separate routes ranging from campus connector services, to coaster train connector routes with an annual ridership of close to 70k rides.

ACE also designed, procured, and inaugurated operations between Illumina’s Hayward, CA facility and their brand-new state of the art campus in Foster City, CA in April 2018. This fleet of five (5) E350 StarTrans shuttles, are temporarily in service while the custom E450 Champion Challenger units are built from scratch.

The service currently operates first/last mile connections to mass transit in Oakland and Foster City and an intercampus route that averages 1.2k riders per month with the campus only half full. Once at capacity, ridership is expected to triple and the long mileage routes will continue to see greater utilization and customization over time.

Municipal References
Balboa Park Tram Operations
Contact:

Tyler Canales
District Manager – Developed Regional Parks Division
City of San Diego, Department of Parks and Recreation
2125 Park Blvd. San Diego, CA 92101
(619) 235-1124
[email protected]
Description: Since 2013, ACE has managed operation of three Metro Trams with the capacity of simultaneously shuttling up to 44-72 passengers per tram. at Balboa Park in San Diego. The hours of service are 9am - 8pm during the peak season (Memorial Day through October 31) and 9am - 6pm during the off-peak season (November 1 to the day prior to Memorial Day). ACE has one manager and seven employees for this operation. Trams serve as the primary means of transport for customers traveling between the main parking lots, the Plaza de Panama, Pan American Plaza and Inspiration Point. The Balboa Park operation transports more than 500,000 park guests safely and seamlessly each year.
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16 EXPERIENCE AND TECHNICAL COMPETENCE

REFERENCES
San Diego Zoo Shuttle Services
Contact:

Susan Alvarez
Director of Guest Services
San Diego Zoo
2920 Zoo Drive, San Diego CA 92101
619-231-1515 ext 4126
[email protected]
Description: ACE has operated shuttle services on behalf of the San Diego Zoo since 2021. ACE shuttles transport guests both from within the main Zoo lot to the guest entrance, in addition to remote shuttle services transporting guests from overflow parking areas at Inspiration Point to the Zoo itself. ACE and the SDZWA have also collaborated on shuttle services for numerous VIP groups and special events held at the Zoo. ACE has been instrumental in assisting the Zoo with efficient transport of guests into and out of the facility, particularly in 2024 as the Zoo experienced record growth after the debut of its new Panda habitat. ACE operates shuttles in conjunction with Zoo operating hours and tailors shuttle supply to guest demand, operating anywhere from 1-4 shuttles at a given point in the service day.

John Wayne Airport
Contact:

Charlene Reynolds
Airport Director
[email protected], O 949.252.5167 | C 949.252.5183
Description: ACE manages comprehensive parking operations at John Wayne Airport, including self-parking, valet, shuttles, shuttle maintenance, auto detailing, car wash, facility cleaning, reservations, and marketing. They successfully transitioned nearly 130 existing employees, demonstrating expertise in workforce management and Union relations. ACE's premium services cater to John Wayne Airport's affluent travelers.

Hollywood-Burbank Airport
Contact:

Scott Kimball
Deputy Executive Director, Business and Properties, Safety, Procurement, Operations, Parking,
818 565 1374, [email protected]
Description: ACE took over operations of parking and shuttle services at Hollywood Burbank airport on October 1, 2023. This operation consists of parking and Valet management services and 24/7 shuttle service for airport employees, parkers, and visitors. ACE successfully integrated more than 125 team members into our family culture as part of a seamless operator transition that was largely invisible to the traveling public. As part of this contract, ACE operates shuttle buses and fleet vehicles, employing CDL drivers, Supervisor, and support staff throughout the operation.
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17 FIRM STAFFING & KEY PERSONNEL

STAFFING

FIRM STAFFING & KEY PERSONNEL
A. STAFFING:

The sections below further outline the staffing components of this operation. Topics covered include:

Staffing Plan
Job Descriptions
Recruiting and Training
Scheduling
Local Pool of 60+ Team Members
Staffing Plan
Based on input from the City of Palm Desert, we will evaluate and adjust the staffing plan to contribute to a seamless transition. Each staff member will be specifically trained by your ACE team to deliver a welcoming and engaging guest experience for everyone that rides the NEV shuttle. We will develop customized staffing plans based on our initial review of your operation and will provide a comprehensive assessment with recommendations for potential adjustments within the first 60 days of our operation. ACE is flexible if there is a need to expand or reduce staffing and will work with the City should the need arise.

Job Descriptions
Shutter Driver: The Golf Cart Shuttle Driver is responsible for safely operating the electric golf carts to transport guests at El Paseo. This role supports the city’s commitment to accessible, convenient, and environmentally friendly transportation options.

Key Responsibilities:

Operate municipal golf cart shuttles along assigned route, ensuring the safe and timely transport of passengers.

Provide courteous and professional service to all riders, including seniors, individuals with disabilities, and tourists or event attendees.

Conduct daily safety inspections of the vehicle, including brakes, tires, lights, and battery levels; report maintenance needs promptly.

Assist passengers with boarding and exiting as needed, ensuring safe use of handrails or ramps (if equipped).

Adhere to all city safety guidelines, traffic regulations, and departmental policies while driving within pedestrian-heavy or shared-use areas.

Monitor passenger activity to ensure safe and appropriate behavior onboard; report any safety concerns or incidents to supervisory staff.
2 14

7.0 7.0

7.0 7.0

7.0 7.0

7.0 7.0

7.0 9.0

9.0 9.0

9.0 9.0

9.0 7.0

7.0 7.0

53.0 53.0

53.0 Driver 2
Driver 3

7.0 7.0
Position
Manager *included at no extra cost*
Driver 1

MON TUES WED THURS FRI SAT SUN WEEKLY
TOTAL
2 7.0
2 2 2 2 2
Palm Desert - Neighborhood Electric Vehicle Service
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18 FIRM STAFFING & KEY PERSONNEL

STAFFING
Maintain cleanliness of the golf cart throughout the shift and ensure it is secured and properly stored at the end of service.

Communicate clearly and promptly with supervisors or dispatch via radio or phone regarding delays, route changes, or passenger issues.

Support special events, festivals, or emergency transportation needs as directed by the department.

Shuttle Manager: The Shuttle Manager is responsible for the comprehensive management and oversight of shuttle operations for the City of Palm Desert, ensuring safe, efficient, and reliable transportation services for guests at El Paseo. This role involves direct supervision of the driver workforce, operational planning, driver training and adherence to public sector regulations and service standards.

Key Responsibilities:

Oversee the daily operations of the shuttle system, including route planning, driver scheduling, and ontime performance.

Supervise and support the driver team, including hiring, onboarding, training, evaluating performance, and administering discipline as needed in accordance with civil service or HR policies.

Ensure full compliance with all local, state, and federal transportation regulations, including ADA accessibility, DOT standards, and municipal ordinances
Coordinate with vehicle maintenance teams to ensure shuttle fleet safety, cleanliness, and operational readiness.

Develop and implement operational policies and procedures to align with City goals and improve service delivery.

Monitor ridership data and operational metrics to optimize route efficiency and respond to service demands.

Serve as the primary point of contact for internal departments, public agencies, and community partners regarding shuttle operations.

Manage customer service inquiries and resolve service-related complaints in a professional and timely manner.

Prepare reports, documentation, and presentations for city leadership, advisory boards, or public hearings as needed.

Assist in the preparation and administration of operating budgets, grants, and procurement related to shuttle services.

Recruiting and Training
ACE has extensive experience developing customized training plans for municipalities such as the City of Palm Desert. We have included a detailed explanation in the Proposed Method to Accomplish the Work Section of this proposal.

Scheduling
Your ACE team will stablish regular schedules but in the case an employee calls out we utilize when to work to cover shifts and for employee communication.
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19 FIRM STAFFING & KEY PERSONNEL

STAFFING
Team Member Management: When-To-Work
ACE has utilized WhenToWork for decades throughout the country for scheduling and employee communications. This scheduling app makes it easy for our managers to create and modify schedules efficiently, which is incredibly important when managing multiple facilities.

With WhenToWork we can categories employees and assign shifts based on who has been properly trained and badged. It also makes covering call-offs easy even while ensuring contractual obligations. Since 2000, WhenToWork has been a trusted leader in online employee scheduling services. The benefits of WhenToWork include:

Advanced notification and shift reminders
Allows managers to oversee all open shifts and cover requests from employees.

Over 12 different scheduling views
Works on any type of browser and can be used by everyone.

Free App via Apple Store and Google Play store for employees and managers Local Pool of 60+ Team Members
Your ACE team includes over 60 local team members who are highly qualified and specifically trained to support the t shuttle operation for the City of Palm Desert. Each team member has undergone rigorous training tailored to our service standards and operational procedures, ensuring safe, efficient, and friendly service at all times. Our drivers, managers, and support personnel bring both experience and local knowledge to the table. The City will not only benefit from this strong local workforce but also have the full backing and resources of the entire ACE team. This includes operational oversight, administrative support, and a dedicated management team to ensure the program runs smoothly and adapts to the City’s evolving needs.

Palm Springs Labor
Pool
Over 60
Hospitality
Team Members
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20 FIRM STAFFING & KEY PERSONNEL

KEY PERSONNEL
B. KEY PERSONNEL:

Your ACE Management Team will energize the NEV shuttle operations by emphasizing guest experience and leading your on-site staff to embrace a hospitality ambassador role to create a welcoming experience for your guests and shuttle customers. With 100+ years combined experience, your shuttle operation will be supported by the most accomplished and professional parking and transportation management team. In addition to friendly on-site team members, your shuttle operations will also be supported by our extensive local resources including 50 valets here in Coachella Valley.

Aimee Ball (Full resume is available in the designated portal) Proposed Manager
25+ Years of Hospitality Transportation and Parking Management Experience Deep Understanding of Logistics with a Passion for Guest Experience Dynamic and Self-Driven Leader
Successful Track Record in Managing High-Performance Hospitality Teams Directly responsible for the day-to-day supervision, coordination, and performance of shuttle services including overseeing golf cart shuttle operations, managing frontline personnel, ensuring safety and compliance, and maintaining high standards of public service.

Mostafa Tohamy (Full resume is available in the designated portal) Regional Director, Hotel Operations
10+ Years of Hospitality Parking Management Experience
Oversees Multiple Hotel Locations for ACE in Los Angeles, Orange County, Pismo Beach, and Palm Desert
Proficient in Utilizing the Latest Parking Platforms and Technologies Specializes in Building Relationships with Clients
Responsible for the strategic oversight, leadership, and performance of the City’s NEV operation
Morgan Leslie
Managing Director,Ground Transportation
20+ Years of Transportation and Parking Management Experience Leadership Roles at Airports and Municipalities Across the U.S.

Leads all Fleet Electrification Initiatives on Behalf of ACE

BASED OUT OF

PALM DESERT

BASED OUT OF

PALM DESERT

BASED OUT OF

SAN DIEGO
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21 FIRM STAFFING & KEY PERSONNEL

KEY PERSONNEL
Mike Tweeten
President, Hospitality
30+ Years Hospitality and Parking Experience
Oversees the Entire Hospitality Division Portfolio for ACE Parking An Industry Leader on Market Trends for All ACE’s Hotel Client Partners Sasha Lally
Senior Vice President, Hospitality
30+ Years Hospitality Experience
Passionate about Developing and Maintaining the Highest Service Standards Responsible for our Hospitality Partnerships and Financial Performance 721
C. TEAM ORGANIZATION

FIRM STAFFING & KEY PERSONNEL

TEAM ORGANIZATION & SUBCONTRACTORS
Southern California Shuttle Division

DIRECTOR, SHUTTLES
Based in San Diego
Morgan Leslie

DIVISION GENERAL

MANAGER
Andy Radasa
AGM,

SAN DIEGO
Michael Yohe

MANAGER,
RADY’S CHILDREN’S

HOSPITAL
Brian Baltazar

MANAGER,

BALBOA PARK
Tom Warrens

MANAGER,

SAN DIEGO SHUTTLE

PROJECTS
Jorge Aguero

REGIONAL DIRECTOR,

COACHELLA VALLEY
Mostafa Tohamy

SHUTTLE PROGRAM

MANAGER
Aimee Ball

RITZ-CARLTON

RANCHO MIRAGE
Drivers

HOTEL PASEO

PALM SPRINGS
Drivers

NEIGHBORHOOD SHUTTLE PROGRAM
SUPPORTED BY ACE’S

COACHELLA VALLEY SHUTTLES DIVISION

THOMPSON HOTEL

PALM SPRINGS
Drivers
D. SUBCONTRACTORS
An advantage to working with ACE is that we will manage this with 100% ACE staff and there will by no subcontractors. 22 722
23 PROPOSED METHOD TO ACCOMPLISH WORK

PROPOSED METHOD TO ACCOMPLISH THE WORK
We have prepared the following proposed method to accomplish the work after thoroughly reviewing the RFP for the City of Palm Desert’s NEV Shuttle program. After a thorough review of the project requirements and objectives, our team has developed a strategic, thoughtful, and service-oriented approach designed to enhance mobility, elevate the rider experience, and optimize day-to-day operations. Our proposal outlines the following topics:

Transition plan
Customer Service Plan
Technology Plan
Staffing Plan
Communication Plan
Vehicle Maintenance Plan
Continuity Plan
Optional Amenities
Additional Recommendations

TRANSITION PLAN
We develop customized plans for every transition based on the implementation scope and the requested timeline from our clients. Although we typically recommend 30-day transition plans, we can accomplish emergency transitions in as little as 24 hours and may recommend longer periods for highly complex or phased openings. Our transition plans cover over 100 individual tasks ranging from holding tenant/stakeholder meetings to implementing new technology solutions. We will customize a three-phased transition plan for the City, which will focus on delivering a smooth transition for your guests and existing staff. We will include the following actions:

Phase I Phase II Phase III
Site Tour & Implementation Meeting
Community Notice & Outreach
Employee Retention Engagement
Coordinate Monthly Billing
Initiate Revenue Growth Strategies
Coordinate New Technology
Plan Maintenance Improvements
Identify Customized Training Needs
Licenses & Permit Applications
Establish Weekly Client Updates
Manager Meetings
Hand Deliver Invoices
Interview Existing Employees
Distribute ACE Employee Benefits
Initiate Surveys
Initiate Marketing Campaigns
Coordinate Site-Specific Reporting
Confirm Statement Requirements
Plan Opening Day Executive Support
Employee Onboarding & Training
Issue Employee Uniforms & IDs
Equipment Testing
Pre-Opening Detailed Cleaning
Install Enhanced Signage
Confirm Supplies & Tickets
Establish Audit Controls
Change Passwords & Locks
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24 PROPOSED METHOD TO ACCOMPLISH WORK
Your Transition Team Manager
We assign a transition manager for each new operation who is responsible for overseeing a team that includes representatives from our recruitment, training, audit, technology, marketing, and maintenance departments to ensure a smooth transition.

Delivering Successful Transitions
By focusing on the details that are important to our clients, property visitors, and stakeholders, our transition teams consistently exceed the expectations of our new client partners. Every quarter, we conduct Client Surveys to ensure that we are meeting the expectations of our long-term and new clients. In 2024, over 90% of our 94 new clients indicated that we delivered on ALL the improvements we proposed.

Your Transition Team

LOCAL OPS TEAM

AUDIT/ REV CONTROL

MARKETING
IT/PCI

EXECUTIVE TEAM

HUMAN RESOURCES

TRAINING

TECHNOLOGY/PARCS
Mostafa Tohamy, Regional Director
Clay Adams, EVP
Josh Izigzon, Analytics
Bill Kepp, EVP
Dave Chan, Director
Chris Lynch, Director
John Baumgardner, CEO
Brian Gansert, President
Mike Tweeten, President
Jon Gjerset, CIO
Bob Jaffee, SAS GM
Mike Macias, Integrations
Shawn Galivan, Director
Michelle Dente, EVP
Stephanie Hernandez, Payroll

ON-SITE TEAM
Aimee Ball
Proposed
On-Site
Manager
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25 PROPOSED METHOD TO ACCOMPLISH WORK
Corporate Transition Team
All corporate team members from regional and corporate executives to our recruiting and training team will be provided at no cost to the City of Palm Desert. ACE commits the following corporate resources to be directly involved remotely and on-site in both the transition and post go live operations. This is the ACE Executive Commitment.

EXECUTIVE POSITION ROLE ON-SITE HOURS REMOTE HOURS TOTAL HOURS Brian Gansert President Operations 4 12 16
Michelle Dente EVP H/R 0 8 8
Clay Adams EVP Audit & Revenue 0 8 8
Bill Kepp EVP Marketing 0 4 4
Jon Gjerset CIO IT 0 4 4
Josh Izigzon Director Analytics 0 8 8
Shawn Galivan Director Training 4 12 16
TOTAL EXECUTIVE HOURS 64

CUSTOMER SERVICE PLAN
For the City of Palm Desert’s NEV Shuttle Program, we are committed to cultivating a team that reflects the City’s values and delivers an exceptional rider experience. Our approach to customer service starts with intentional recruitment, hiring, and training. Through this people-first strategy, we aim to create a welcoming, respectful, and dependable transportation experience for every rider.

Recruiting
ACE understands that our Team Members are our greatest asset. As such, identifying, nurturing, and developing the right people, in the right places, at the right time has been the hallmark of our success for nearly 75 years. Our recruitment and selection processes make sure that qualified candidates are always available for the City. Key features of our recruitment and selection process include:

Robust recruitment plans to ensure a constant applicant flow Bi-Weekly interviews conducted by our Recruiting & Operations Team ACE City leadership personally interviews all candidates Talent Acquisition
Our approach is simple: We recruit and continually update our pool of outstanding candidates, and we match them to jobs that challenge and motivate them. We do this by combining the latest technologies and online tools with our unique talent acquisition strategy. This allows us to quickly target passive and active job seekers who possess specific behaviors and targeted skill sets that match our requirements. 725
26 PROPOSED METHOD TO ACCOMPLISH WORK
Identifying Talent: Who and How?
ACE utilizes the most sophisticated technology tools that scour social networking sites for potential candidates, some of whom may not even be actively seeking new jobs. Our Talent Acquisition team actively pursues everyone in the labor market with an internet footprint, broadening the talent pool, and changing the dynamics of talent acquisition. Using the right keywords, talent is found and pursued! With just the push of a button, our advanced system instantly distributes our jobs to every corner of the digital landscape – social media, job sites, email and mobile, so we never miss out on finding great candidates. In turn, job seekers have instant access to our jobs on their mobile phones through our leading smart phone application, SMS text messages, and other social applications. Our Talent Acquisition Strategy incorporates the following key considerations:

Social Job Sharing We share advertised jobs across hundreds of social networks.

Candidate Experience
Unique employment brand and candidate
experience. We can create a tailored career site for
your unique needs.

Talent Network Candidates can share their profiles without completing a job application
Talent Exchange
Not all candidates are a fit for our Company. We
provide a great candidate experience by connecting
them with other companies.

Requisition Management Allows for tracking and managing openings and supports segmented hiring
Job Matching Candidates can receive job matches in real time.

Screening & Assessment Unique multi-tiered precision matching capabilities that ensure the most qualified candidates
Interview Management Accelerates the hiring process utilizing various interviewing formats, i.e. video, group, panel, mass
Compliance Ensures compliance with OFCCP and EEO hiring.

Reporting and Analytics
Provides ad hoc reports and writing tools for tracking
compliance, recruiter efficiency, and sourcing
effectiveness
Better Screening
ACE’s cloud-based hiring platform combines automation with powerful tools to help with more effective and accurate screening and selection. The result is we can quickly and cost-effectively source, recruit, and onboard the best people. This enterprise system enables our Talent Management team to:

Recruit anywhere and anytime through email and mobile
Engage “drive-by” candidates
Tap into social networks
Utilize precision job-matching tools
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27 PROPOSED METHOD TO ACCOMPLISH WORK
Apply multi-tiered screening and assessment tools for candidates’:
o Precise abilities
o Certifications
o Experience
Use scientifically validated behavioral assessments to measure:
o Attitudes
o Attributes
o Cultural Fit
Seamlessly onboard new team members
Proven Recruiting Strategies
ACE is committed to fulfilling the goals of our mission statement. To that end, we make every effort to offer employment to those that model our mission objective, “Operating under the ideals of moral integrity, quality and accountability.” ACE strongly believes in promoting from within our existing staff. Existing team members are encouraged to apply for any open position. Team members are made aware of job postings through the ACE employee website and on-site job postings. In recent years, our recruiting strategies have shifted towards the vast digital world in addition to hosting interactive and engaging hiring events and job fairs.

PETCO PARK HIRING EVENT
The event was hosted at Petco Park which allowed for a unique experience for attendees at one of San Diego’s iconic locations as well as giving them an opportunity to learn more about the company’s hiring process. This event was attended by over 175 people who were interested in learning more about the company’s job opportunities and resulted in 38 new hires. ACE used digital marketing to promote the event on social media (Facebook, Instagram, TikTok, Twitter), blogs, local news stations, and other channels.

HIRING EVENT EXAMPLE
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28 PROPOSED METHOD TO ACCOMPLISH WORK
Comprehensive Local Outreach
Outside applicants are directed to the ACE website to apply; when an online application is not possible paper applications will be substituted. Open positions are announced using a variety of recruiting techniques including:

Job Postings, Job Fairs
Networking & Local Relationships
School Career Counselor Outreach
Faith Based Organizations Outreach
Employee Referrals
Local Veteran Organizations
Online Job Search Engines and Websites
Print Advertising
ACE Sponsored Meet & Greet Events
Dedicated Local Recruiting Team
ACE has the largest and most successful recruiting teams which are led by Michelle Dente, Executive Vice Present, Member Services. Michelle will spearhead recruiting efforts for the City and work directly with the local ACE team and the city management to ensure both initial and ongoing recruiting goals are met. Our recruiting department is shown in the chart below.

Hiring And Training
Building Our Team With The Right Training
Putting our guests needs first ACE has developed our Speed is Service program specifically for venue-based facilities. Our service approach is founded on what our guests expect when they enter a parking facility; a seamless, and FAST parking experience.

Michelle Dente,
EVP, Member Services
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29 PROPOSED METHOD TO ACCOMPLISH WORK
Every Thank You Earned Model™
Our motto, Every Thank You Earned™, applies at
every level of our company. It’s our commitment to do
whatever possible to create a positive, authentic
experience and truly impress the customer. Our
approach to service delivery is an ongoing process of
Recruiting/Training, Service Delivery, and Quality
Assurance/Measurement.

Through each phase, we focus on ensuring we are
applying the Every Thank You Earned model.

Ensuring we hire hospitality-minded people, training
them to our standards, making sure they are
delivering high levels of service and measuring at
every turn. Today’s consumer expects a memorable
experience to justify their buying decision. Parking
and transportation services are not any different. Our Team Members are the first and last representatives with whom our guests interact, and thus play a critical role in maintaining brand integrity.

We See The People. Not The Cars.

Our training programs are designed to teach your ACE team members to make a connection with every customer to deliver authentically engaging experiences. Our “We See the People. Not the Cars.” training philosophy is centered around developing a sense of empathy for the unique needs of each guest.

Training Program: ACE Driver Training and Commitment to Service Delivery ACE recognizes the unique talent of our employees as our competitive advantage and greatest single resource. In addition to service delivery training outlined in our transition plan every NEV driver will receive location and vehicle training that is specific to the route, incorporates the significant differences between fossil fuel and electric vehicles, provides introduction to EV operation (ACE is well versed from training its 100 driver SAN airport team on our new electric vehicles) and focuses on safe driving behaviors, defensive operation of the vehicle, and emergency procedures as points of emphasis.

WE SEE THE PEOPLE. NOT THE CARS.
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30 PROPOSED METHOD TO ACCOMPLISH WORK
Typical Training Schedule and Training Certification:

The ACE Mobility Solutions training period for newly hired shuttle drivers and support staff is intensive and ongoing.

Day one encompasses a general orientation to the company and our culture.

Day two is shuttles-centric and orients the new team member to all shuttle routes, our operations location and break room, passenger drop-off and pick-up points at ACE reviews required tasks with each new employee and requires that they communicate understanding and acceptance of all training precepts.

Drivers will then begin shadowing a more Senior driver, usually for 2-3 full shifts, and will be evaluated at the end of each day by the Senior driver and management staff.

The final step in this sequence is the ACE trainer ‘clearing’ the new team member to begin driving on his or her own.

At the end of this training period, the trainer, supervisor, and manager will provide feedback to the employee and continue to monitor performance closely over the first thirty days of employment. Throughout the year all shuttle drivers, irrespective of tenure, will undergo 6-8 hours of classroom and computer-based training to learn new skills, sharpen existing skills and be advised of updates to operations, policies, and procedures.

Examples of re-training courses include:

Motor Vehicle Safety
Distracted Driving
Conflict Resolution
Service Delivery Re-Training
Safety Fundamentals
Motivating Employees
ACE Mobility Solutions’ comprehensive driver training programs combine intensive classroom training, yard training and behind-the-wheel-route training to establish a strong foundation of future success for every airport shuttle team member. These targeted, thoughtful programs are rolled out upon hire, at periodic intervals, and as refresher training completed annually and pursuant to a claim, accident, or negative incident.

Road Tests
In accordance with DOT, FMCSA and company guidelines, all commercially licensed drivers must pass a road test certification. This process also enables the Supervisor and the ACE trainer to share valuable information regarding the Airport campus, customer service best practices, and operating policies and procedures (I.E. incident response, lost items, T1 redevelopment detours, etc.) Ride Along
During a ride along a Supervisor, trainer or manager spontaneously boards a shuttle and observes the driver on route to ensure all policies are being followed and that the driver is demonstrating professionalism and competence with respect to driving behaviors, customer interactions, and general job performance.

Shuttle Shadows
Supervisors or managers will follow each driver from a distance to verify safe operation of the vehicle, adherence to all traffic laws and rules of the road, and company policies with respect to commercial transportation.

ADA Training
ACE’s commitment to providing outstanding customer service extends to every individual with whom we interact during our job duties. Supporting our passengers with disabilities requires attentiveness, solid communication 730
31 PROPOSED METHOD TO ACCOMPLISH WORK
skills, and empathy. Our goal when servicing our disabled customers is to ensure equal service and access. All team members are required to complete training on ADA policies and procedures through our member services department and the designated onsite training personnel. Our training covers all applicable laws, rules and regulations that comprise ADA passenger transport, and ensures team members are familiar with Q-straints, operating shuttle lifts, showing empathy while treating all passengers equally, and delivering uniformly excellent outcomes for ADA guests. ACE takes great pride in delivering world class customer service in every interaction, and fully meeting the needs of all persons with disabilities is foundational to this overall commitment.

ACE recognizes the unique talent of our employees as our competitive advantage and greatest single resource. Every shuttle driver will receive service delivery excellence training in addition to the intensive typical training protocol all ACE drivers receive.

At the end of this training period, the trainer, supervisor, and manager will provide feedback to the employee and continue to monitor performance closely over the first thirty days of employment. Throughout the year ACE’s drivers, irrespective of tenure, will undergo 6-8 hours of classroom and computer-based training to learn new skills, sharpen existing skills and be advised of updates to operations, policies, and procedures.

Examples of re-training courses include:

Motor Vehicle Safety
Distracted Driving
Conflict Resolution
Service Delivery Re-Training
Safety Fundamentals
Motivating Employees
ACE Mobility Solutions’ comprehensive driver training programs combine intensive classroom training, yard training and behind the wheel route training to establish a strong foundation of future success for every team member. These targeted, thoughtful programs are rolled out upon hire, at periodic intervals, and as refresher training completed annually and pursuant to a claim, accident, or negative incident.

Radio Communication
The importance of the two-way radio as a tool to communicate, organize, and operate with accuracy and efficiency cannot be emphasized enough. ACE drivers will be equipped with a radio and/or a cell phone for communication with other staff. Handheld devices allow individuals to affect their curb without communicating to others; because of this possibility our training emphasizes the importance of continued radio communications. ACE in our current operations has set a variety of standards for the use of the two-way radio tool as outlined in the following sub-sections.

Radio Training
ACE drivers undergo Radio Training, which incorporates the following:

How to check to make sure the radio is fully charged and in good working condition Notify the supervisor if a radio does not work and locate a replacement How to turn the radio on to the designated channel
How to set the volume at a comfortable level
How to place the radio back in its charger at the end of the shift Radio Operator Best Use:

Talk across the microphone slanted toward the face about 5 inches away.

Use a normal voice. Do not shout.

Make sure the information that you broadcast is correct. Be exact in giving locations, descriptions, etc. 731
32 PROPOSED METHOD TO ACCOMPLISH WORK
Make all conversations short but complete. Do not use the radio as if it were a telephone. Use proper codes and keep the broadcast simple.

Speak in a clear distinct voice. Do not mumble, talk in low tones or raise the pitch of your voice. Do not talk too fast. Use your normal voice.

Think before you speak so that your transmission will sound intelligent.

Refer to all officers and personnel by their call sign or number.

Keep your composure. Do not display emotion by words or voice inflections that will reflect excitement, irritation, disgust, or sarcasm. Watch your choice of words.

Be courteous. Monitor your radio before you start transmitting. Make sure no other person is transmitting.

Do not break in or disrupt on-going transmissions. Wait for your turn.

When using the radio, push and hold down the transmit button and wait at least a second before you speak.

Always identify the person you are trying to reach first and then identify your call sign before transmitting your message.

TECHNOLOGY PLAN
ACE integrates a comprehensive suite of technologies designed to enhance safety, efficiency, transparency, and rider experience. The following approach creates a seamless ecosystem that supports a high-quality, smart, and community-centered NEV shuttle operation.

GPS Locator
The basic GPS locator system will be include at our cost, but ACE can also provide an option for a custom app where the City will get the class A experience GPS locator app that is inclusive of the City’s branding and guests can see exactly where the golf carts are on the map.

ACE will utilize the Passio GPS and Bus Buzz Customer Feedback system to display golf carts on route, provide ETA’s for the next arriving vehicle, and allow passengers to interface with ACE operations leadership in real time. The Bus Buzz allows passengers to scan a QR code on the shuttle and leave a feedback comment, which immediately routes to ACE dispatch and managers for review and response. 732
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Fleet Utilization Technology
ACE’s shuttle management team utilizes this system to create and analyze headway, trip count, and shuttle on-route reporting. ACE management can also seamlessly download headway, shuttle count, and feedback reporting, make changes to route maps and stop locations, and respond quickly to passenger feedback.

Real-Time GPS on Route
ACE offers real time cart location information to all passengers and can display ETA’s to monitors at pick up points. Shuttle information is provided with estimated time of arrival for the next cart and can display current shuttles on route, allowing passengers to reference the app for convenience at any time.. The ACE management team can review data quickly, make operational changes when necessary, and respond nimbly to urgent feedback items or changes to the operational environment.

Safety Dash Cams
Every shuttle vehicle operated by ACE will be equipped with the Lytx risk monitoring system that utilizes cameras, bumper sensors, and sophisticated cloud-based software to identify and report instances of distracted and potentially dangerous driving situations.

This system is configured by ACE to send immediate alerts to our team anytime an accident or significant issue is observed. This enables our team to quickly mobilize support and, when appropriate, replace a driver to initiate a formal review of the incident.

Our management team utilizes reports organized by driver and issue type to provide ongoing feedback and counseling to continuously elevate the skills and performance of each ACE Shuttle Driver. Statistics from the Lytx system are automatically entered into our Driver Report Cards which track safety compliance, customer service scores and training compliance.

ACE has utilized Lyx’s industry leading technology on electric shuttles and buses, trams, trolleys, golf carts, as well as passenger pool vans, and trusts Lytx to tailor their solution to the inherent differences of our many EV and fossil fuel transportation operations.

Ridership Reporting
With ridership dashboarding you will know exactly how many passengers ride by day by hour by route. We will see on average how many passengers are riding each route during peak and non-peak periods. We’ll keep track how frequently shuttles are at capacity so we can determine if passengers are still waiting at the stop and we need to consider increasing the number of shuttles in operation.
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STAFFING PLAN
Based on input from the City of Palm Desert, we will evaluate and adjust the staffing plan to contribute to a seamless transition. Each staff member will be specifically trained by your ACE team to deliver a welcoming and engaging guest experience for everyone that rides the NEV shuttle. We will develop customized staffing plans based on our initial review of your operation and will provide a comprehensive assessment with recommendations for potential adjustments within the first 60 days of our operation. ACE is flexible if there is a need to expand or reduce staffing and will work with the City should the need arise.

Job Descriptions
Shutter Driver: The Golf Cart Shuttle Driver is responsible for safely operating the electric golf carts to transport guests at El Paseo. This role supports the city’s commitment to accessible, convenient, and environmentally friendly transportation options.

Key Responsibilities:

Operate municipal golf cart shuttles along assigned route, ensuring the safe and timely transport of passengers.

Provide courteous and professional service to all riders, including seniors, individuals with disabilities, and tourists or event attendees.

Conduct daily safety inspections of the vehicle, including brakes, tires, lights, and battery levels; report maintenance needs promptly.

Assist passengers with boarding and exiting as needed, ensuring safe use of handrails or ramps (if equipped).

Adhere to all city safety guidelines, traffic regulations, and departmental policies while driving within pedestrian-heavy or shared-use areas.

Monitor passenger activity to ensure safe and appropriate behavior onboard; report any safety concerns or incidents to supervisory staff.

Maintain cleanliness of the golf cart throughout the shift and ensure it is secured and properly stored at the end of service.

Communicate clearly and promptly with supervisors or dispatch via radio or phone regarding delays, route changes, or passenger issues.

Support special events, festivals, or emergency transportation needs as directed by the department.

Shuttle Manager: The Shuttle Manager is responsible for the comprehensive management and oversight of shuttle operations for the City of Palm Desert, ensuring safe, efficient, and reliable transportation services for 2 14

7.0 7.0

7.0 7.0

7.0 7.0

7.0 7.0

7.0 9.0

9.0 9.0

9.0 9.0

9.0 7.0

7.0 7.0

53.0 53.0

53.0 Driver 2
Driver 3

7.0 7.0
Position
Manager *included at no extra cost*
Driver 1

MON TUES WED THURS FRI SAT SUN WEEKLY
TOTAL
2 7.0
2 2 2 2 2
Palm Desert - Neighborhood Electric Vehicle Service
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guests at El Paseo. This role involves direct supervision of the driver workforce, operational planning, driver training and adherence to public sector regulations and service standards.

Key Responsibilities:

Oversee the daily operations of the shuttle system, including route planning, driver scheduling, and ontime performance.

Supervise and support the driver team, including hiring, onboarding, training, evaluating performance, and administering discipline as needed in accordance with civil service or HR policies.

Ensure full compliance with all local, state, and federal transportation regulations, including ADA accessibility, DOT standards, and municipal ordinances
Coordinate with vehicle maintenance teams to ensure shuttle fleet safety, cleanliness, and operational readiness.

Develop and implement operational policies and procedures to align with City goals and improve service delivery.

Monitor ridership data and operational metrics to optimize route efficiency and respond to service demands.

Serve as the primary point of contact for internal departments, public agencies, and community partners regarding shuttle operations.

Manage customer service inquiries and resolve service-related complaints in a professional and timely manner.

Prepare reports, documentation, and presentations for city leadership, advisory boards, or public hearings as needed.

Assist in the preparation and administration of operating budgets, grants, and procurement related to shuttle services.

Route Compliance
ACE will operate along the planned routes as outlined in the City’s NEV Shuttle Program scope of work. We are fully committed to adhering to the approved route structure and maintaining consistent, reliable service along all designated paths. Should the City choose to expand, adjust, or pilot new routes in the future, ACE will collaborate closely with City to evaluate feasibility, ensure compliance, and implement changes efficiently and seamlessly.
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COMMUNICATION WITH THE CITY
As the NEV Shuttle provider for the City of Palm Desert, ACE is committed to maintaining open and consistent communication through regular meetings and detailed reports.

In the event of any incident, we will follow a clearly defined hierarchy of reporting. All incidents will be reported within 24 hours at minimum, with immediate notifications—via text, email, and phone—for any significant events.

To support public engagement and promote the shuttle program within the community, our team will actively collaborate with retailers on El Paseo. Our on-site manager will connect with businesses and community stakeholders weekly to ensure they are informed and involved. We will also distribute program maps and provide marketing and advertising materials to raise awareness and support among residents, visitors, and businesses alike.

Program Branding
We plan to purchase two standard 8-seater golf carts to support this operation that meet the minimum requirements of the RFP to hold at minimum 6 passengers. In addition, we will acquire at least one ADAcompliant golf cart, which is expected to cost a minimum of $50,000, to ensure our services are inclusive and meet the needs of individuals with disabilities.

To promote program branding and increase public awareness, we recommend adding the city's official logo to each golf cart as shown in the mockups below. Our recommendation is to include a catchy name for the operation, such as “The El Paseo Express”, so guests and residents can promote this operation by word of mouth to friends and visitors of the City. This will not only create a unified and professional appearance but also reinforce the city’s commitment to accessible, sustainable transportation for all guests. 736
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VEHICLE MAINTENANCE PLAN
All golf cart interiors will be swept and cleaned daily by ACE personnel as part of the daily operations plan.

Vehicle exteriors will be washed weekly to assure golf cart passengers are transported in a clean, comfortable vehicle on every trip.

DOT and CHP Inspections
All NEV Shuttles for the City of Palm Desert will be outfitted with CHP-compliant exterior signs or verbiage indicating operator of record and inclusive of required DOT and CPUC/TCP numbers.

ACE is stream lines the mandatory DOT and CHP pre-shift and post-shift vehicle inspection process each driver must complete. Our system utilizes digital “tags” attached to each area on the shuttles that require a visual or mechanical inspection. Our drivers then utilize Zonar handheld devices to read the tags and answer mandatory automated questions to confirm vehicle specifications and performance requirements. If an issue is observed, the driver will be assigned a new vehicle to inspect and the system will automatically notify the ACE management team and initiate repair work orders. This convenient system streamlines CHP inspections and will assist maintenance staff with handling and responding to vehicle maintenance issues, improving efficiency and assisting shuttle maintenance expense control.

Cleaning and Washing
Cleaning will be performed by ACE and use only sustainability-friendly and city-approved cleaning products as part of its routine. Daily and weekly procedures are as follows:

Prior to every shift, all seats are wiped down and sprayed with FDA registered disinfectant which also is approved for elimination of SARS-COV-2.

After every shift, each golf cart is swept, and all trash and debris is removed from the golf cart.

At the end of every service day, golf cart interiors are deep cleaned by the ACE driver, inclusive of windows, floors, passenger seating areas and driver cabin.

All golf carts are washed on a weekly basis using a combination of power washing/hand washing, inclusive of tires, wheels, seats, seatbelts, handles, armrests, knobs, etc.and other high-profile exterior surfaces
Vehicle Maintenance
ACE will ensure the Palm Desert NEV fleet is well maintained through partnership with our maintenance subcontractor Ecofleet industries. Ecofleet supports ACE’s EV fleets throughout the State of California, with a network of maintenance professionals across the state as well as offices and shops in Oceanside and San Diego. Ecofleet employs leading engineers in the EV space who have designed vehicles on behalf of Tesla, Endera, and other leading manufacturers, and now provide subject matter expertise on all electric vehicle issues and maintenance concerns. Ecofleet, through its network of partners, will ensure that Palm Desert NEV’s are well maintained and stay on the road to ensure program success. 737
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CONTINUITY PLAN
As part of our comprehensive continuity plan, we will ensure uninterrupted service by maintaining a relationship with a local golf cart rental company to provide backup golf carts in the event of a breakdown or mechanical issue. Our operations team will routinely inspect all vehicles to minimize the risk of disruptions, but in the event that a cart is taken out of service, a replacement unit will be deployed immediately from our reserve inventory. The ACE team has over 60 team members on call ready to assist your operation if needed and will never have a position un-filled. Below is the software we use to ensure call outs are handled and the operation is always staffed. This proactive approach ensures that service remains smooth, reliable, and consistent for all visitors in the City of Palm Desert.

Team Member Management: When-To-Work
ACE has utilized WhenToWork for decades throughout the country for scheduling and employee communications. This scheduling app makes it easy for our managers to create and modify schedules efficiently, which is incredibly important when managing multiple facilities.

With WhenToWork we can categories employees and assign shifts based on who has been properly trained and badged. It also makes covering call-offs easy even while ensuring contractual obligations. Since 2000, WhenToWork has been a trusted leader in online employee scheduling services. The benefits of WhenToWork include:

Advanced notification and shift reminders
Allows managers to oversee all open shifts and cover requests from employees.

Over 12 different scheduling views
Works on any type of browser and can be used by everyone.

Free App via Apple Store and Google Play store for employees and managers

OPTIONAL AMENITIES
Our motto, Every Thank You Earned, is our commitment to do whatever possible to create a positive, authentic experience and truly impress City of Palm Desert guests. We understand that the transportation business is about taking care of people. That is why everyone at ACE – from our Ambassadors to our CEO – is ready to assist you and your customers in any way, at any time, at a moment’s notice.

We are committed to delivering a premium rider experience through exceptional customer service and thoughtful additional amenities. Our team will be trained to provide courteous, professional assistance, ensuring every interaction reflects the values of ACE and the City of Palm Desert. To enhance comfort during rides, our shuttles will offer complimentary City of Palm Desert-branded water bottles, adding a local touch that promotes community pride. Additionally, each vehicle will be equipped with a rear basket to accommodate a cooler for the waters as well as guest’s personal belongings, providing convenience for passengers. 738
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ADDITIONAL RECOMMENDATIONS
Shuttle Request QR Code
To improve accessibility and ease of use for guests, ACE will implement a dedicated system for shuttle requests, including a hotline and QR code feature that allows guests to quickly call for a shuttle directly from their mobile devices.

All vehicles in our fleet will be ADA-accessible, and we will provide a specialized phone line specifically for ADA shuttle requests, ensuring equitable service for passengers with disabilities.

Signage
ACE will ensure that shuttle route destination signs always display the correct information on route and post them along El Paseo so guests know where they can catch the shuttle. ACE will work with the City to create this customized signage. We would start by taking the provided route map and make it easier to see as shown below.
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FEE PROPOSAL – ACE Parking
City of Palm Desert 2025-RFP-187
We believe partnerships are the key to ensuring the services the City provides to the public reach their full potential. We are confident that once you partner with ACE, you will never look at shuttle management the same. We are prepared to improve every aspect of your shuttle operation and the service it provides to the public. In the spirit of partnership and transparency, we have provided the following line-item budget along with our lump-sum, not-to-exceed fee proposal for the scope of Services. We have also provided the requested hourly rates for “Additional Work”. 740
ACE Parking Budget for Operation of NEVS for Courtesy Shuttle Service City of Palm Desert 2025-RFP-187
Driver
Mon Tues Wed Thu Fri Sat Sun Weekly Monthly Daily Avg Hourly Est Monthly Year 1 Total Hours Hours Wage Rate Costs
Costs
(7.25 Months)
Shuttle 1 7 7 7 7 9 9 7 53 229.49 7.57 $ 20.00 $ 4,590 $ 33,276 Shuttle 2 7 7 7 7 9 9 7 53 229.49 7.57 $ 20.00 $ 4,590 $ 33,276 Shuttle 3 7 7 7 7 9 9 7 53 229.49 7.57 $ 20.00 $ 4,590 $ 33,276 Manager 2 2 2 2 2 0 0 10 43.30 1.43 $ 33.00 $ 1,429 $ 10,360 - - $ - $ -
Labor Sub Total $ 15,198 $ 110,188
Holiday/Sick/OT/Training 8.00% % Rate $ 1,216 $ 8,815
TOTAL 169 732 24 $ 16,414 $ 119,003
Payroll Overhead (Payroll Taxes, Workers Comp, etc.) 22.85% % Rate $ 3,751 $ 27,192 Health & Welfare $ 1,079 Per each FT Employee Per Month x 0 Estimated FT Employees $ - $ - Payroll Processing Software $ 75 Per Month Given $ 75 $ 544 Recruiting / Testing / Training $ 50 Per Month - Depending Number of Employees $ 50 $ 363 Uniforms $ 75 Per Month $ 75 $ 544
Supplies $ 25 Cost Per Month $ 25 $ 181
Telephone $ 199 Cost for 3 Phones $ 199 $ 1,440
Radio 50 Cost for 3 Radios $ 50 $ 360
Insurance-Vehicles $ 1,854 Per Vehicle Rate x 3 Number of Vehicles $ 5,561 $ 40,320 Vehicle Charging $ 10 Per Vehicle Per Day x 3 Number of Vehicles $ 909 $ 6,592 Vehicle Financing $ 56,402 Annual Financing Cost 3 Number of Vehicles $ 7,780 $ 56,402 Wraps and Signage $ - Included with Vehicle Financing / 0 Months to Depreciate $ - $ - Vehicle Tax & License $ 250 Per Vehicle Rate x 3 Number of Vehicles $ 103 $ 750 Office Lease $ - Est. Cost Per Vehicle x 0 Number of Vehicles $ - $ - Vehicle Cleaning $ 25 Est. Cost Per Vehicle x 3 Number of Vehicles 0.50 Frequency (Weekly) $ 150 $ 1,088 Vehicle Maintenance $ - Est. Cost Per Vehicle x 3 Number of Vehicles $ - $ - GPS, Customer Feedback and Camera $ 400 Est. 8 Month Cost Per Vehicle $ 3 DashCam: Lytx (Total Cost) $ 166 $ 1,200 Management Fee (Profit) $ 5,517 $ 40,000
Total Proposed Operating Cost $ 40,825 $ 295,979
Additional Work Cost Regular Hourly Rate $ 27.07
Overtime Hourly Rate $ 40.61
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