Palm_Desert_World_Cup_Visitor_Capture_Campaign_–_Creative_&_Media_Services.pdf

REQUEST FOR PROPOSAL

2026-RFP-009

PALM DESERT WORLD CUP VISITOR CAPTURE CAMPAIGN –

CREATIVE & MEDIA SERVICES

City of Palm Desert

73-510 Fred Waring Drive

Palm Desert, CA 92260

RELEASE DATE: February 23, 2026

DEADLINE FOR QUESTIONS: February 25, 2026

RESPONSE DEADLINE: February 28, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/cityofpalmdesert https://procurement.opengov.com/portal/cityofpalmdesert

City of Palm Desert

REQUEST FOR PROPOSAL

Palm Desert World Cup Visitor Capture Campaign – Creative & Media

Services

I. Background and Introduction II. Notice Inviting Proposals

III. Scope of Services IV. Requests for Clarification V. Content and Format of Proposal

VI. Submittal Requirements VII. Evaluation Criteria

VIII. Selection Process IX. General Conditions X. Protests

Attachments:

A - Sample Professional Services Agreement

Request For Proposal #2026-RFP-009 Title: Palm Desert World Cup Visitor Capture Campaign – Creative & Media Services

1. Background and Introduction

1.1. Summary

The City of Palm Desert (“City”) is requesting proposals from qualified firms (“Proposers”) for Palm Desert

World Cup Visitor Capture Campaign – Creative & Media Services (“Services”) to establish a Professional

Services Agreement ("Agreement") for a term through August 31, 2026.

The City of Palm Desert anticipates an increase in visitor activity throughout Southern California during the 2026 World Cup period, including travelers staying in or passing through the Coachella Valley. While regional partners will concentrate on destination-level tourism promotion, the City’s objective is to capture existing, in-market visitation and convert it into same-day or evening activity within Palm Desert.

Achieving this objective during a short, time-sensitive window requires specialized creative and media execution services. The City is seeking expertise in geo-targeted media buying, day-parted placements, and the development of concise, action-oriented creative assets that support real-time decision-making by visitors. These services will support a targeted visitor capture effort focused on immediacy, convenience, and available activities rather than long-term destination branding or broad marketing campaigns.

1.2. Background

The City is a charter city located in the Coachella Valley in Eastern Riverside County, within the low desert region of Southern California. The City is home to approximately 50,000 full-time and an additional 32,000 seasonal residents. Palm Desert offers big-city resources within a welcoming, small-town environment, with high-quality educational opportunities, safe and clean streets, extensive retail and entertainment options, and a robust community programming. Widely considered the geographical, educational, and retail hub of the Coachella Valley, Palm Desert was incorporated in 1973 and operates under a council-manager form of government with a five-member City Council elected by district, each serving a four-year term. The City Council meets on the second and fourth Thursdays of the month at

Palm Desert City Hall, 73-510 Fred Waring Drive.

1.3. Contact Information

Project Contact:

Thomas Soule

Public Affairs Manager

73-510 Fred Waring Drive

Palm Desert, CA 92260

Email: tsoule@cityofpalmdesert.org

Phone: (760) 837-1660

Procurement Contact:

Celina Cabrera

Management Analyst mailto:tsoule@cityofpalmdesert.org tel:(760)837-1660

73510 Fred Waring Dr

Palm Desert, CA 92260

Email: ccabrera@cityofpalmdesert.org

Phone: (760) 776-6449

Department:

CMO - Public Affairs

1.4. Timeline

The above scheduled dates are tentative and City retains the sole discretion to adjust the above schedule.

Nothing set forth herein shall be deemed to bind City to award a contract for the Services and City retains the sole discretion to cancel or modify any part of or all of this RFP at any time.

Release of Request for Proposal February 23, 2026

Last Day to Submit Questions for

Clarification

February 25, 2026, 2:00pm

Clarifications Issued by City on or before February 26, 2026, 2:00pm

Deadline for Receipt of Proposals submitted on or before

February 28, 2026, 2:00pm

2. Notice Inviting Proposals

2.1. NOTICE

RFP No.: 2026-RFP-009

Project Title: Palm Desert World Cup Visitor Capture Campaign – Creative & Media Services

Project No. (if applicable): N/A

PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the City of Palm Desert (“City”) electronically through the City of Palm Desert’s ("City") online bid management provider (“OpenGov

Procurement”), until 2:00 pm, Saturday, February 28, 2026. Proposals shall not be submitted by fax, email, telephone, mail, hand delivery, or other means; any proposals received through any means other than

OpenGov Procurement will be returned to the proposer unopened.

The City of Palm Desert is soliciting proposals from qualified agencies to provide creative development and media planning and buying services for a time-bound Visitor Capture Campaign associated with the

2026 World Cup period. The campaign is designed to convert existing, in-market visitation within the

Coachella Valley into same-day and evening activity in Palm Desert by highlighting short, easy-to-navigate mailto:ccabrera@cityofpalmdesert.org tel:(760)776-6449 activity options. The City is seeking a focused, execution-oriented partner with demonstrated experience in time-sensitive campaigns that drive immediate visitor engagement.

The award of this contract is subject to available budget adequate to carry out the provisions of the proposed Agreement including the identified scope of work. The City reserves the right to reject any or all proposals determined not to be in the best interest of the City.

The City of Palm Desert is committed to inclusion and diversity and welcomes proposals and bids from contractors, consultants, and vendors of all faiths, creeds, ancestries, and ethnicities without regard to disability, gender identity, sexual orientation, or immigration status. The City condemns and will not tolerate prejudice, racism, bigotry, hatred, bullying, or violence towards any group within or outside of our community.

2.2. SCOPE OF SERVICES

The Services sought under this Request for Proposals (“RFP”) are set forth in more detail in the Scope of

Services Section, incorporated herein by this reference. Notwithstanding the inclusion of such Services in the Scope of Services Section, the final scope of Services negotiated between City and the successful

Proposer shall be set forth in the Professional Services Agreement (“Agreement”) executed by and between City and the successful Proposer. A copy of the Agreement is attached and incorporated herein by this reference.

2.3. REGISTRATION

Interested proposers may register as vendors and download the Request for Proposals (“RFP”). To register, visit the City's electronic bidding website, OpenGov Procurement, and proceed to "Subscribe" as a vendor with the City to receive new project notifications. Interested proposers may "Follow" the RFP to view and/or download the RFP details, receive addenda alerts and notices, and draft and submit a response.

2.4. PRE-PROPOSAL MEETING

For this RFP, there is no pre-proposal meeting.

3. Scope of Services

3.1. Creative System Development

Develop a cohesive visual system for the campaign, including the overall look and feel to be applied across all campaign elements. This shall include style guidance suitable for digital applications and limited, light physical applications.

3.2. Path-Based Creative Framework

Translate City-defined visitor experience paths into creative expressions that guide campaign messaging.

This shall include the development of headlines, supporting copy, and time-of-day cues aligned with visitor decision-making moments.

https://secure.procurenow.com/portal/cityofpalmdesert

3.3. Copy Development

Develop a library of campaign copy, including headlines and microcopy, for use across digital and social placements. Deliverables shall also include social-safe caption starters that align with City-approved campaign guardrails.

3.4. Visual Asset Production

Produce visual assets, including photography and/or short-form video, depicting natural, observational use of Palm Desert spaces by visitors. All assets shall be formatted for digital and social media use.

3.5. Campaign Amplification Concepts & Collateral Design

Conceptualize low-lift, place-based campaign amplification opportunities within the City. The consultant shall design campaign-aligned collateral to support amplification efforts, which may include, but is not limited to:

• Window clings or decals for participating businesses

• Bar or restaurant coasters

• Banners or pole signage for City-controlled locations

• Other light, scalable collateral identified collaboratively with the City

The consultant shall provide print-ready design files for City use. Printing, fabrication, and physical installation are expressly excluded from this scope and will be managed separately by the City.

3.6. Landing Page Creative Support

Provide creative concepts and visual assets for a campaign landing page. Web development services are not included.

3.7. Creative Governance Tools

Provide creative governance materials, including a “do and don’t” checklist and a consolidated final creative presentation summarizing approved assets and guidance.

3.8. Media Planning & Media Buying

Provide media planning services aligned with City-defined objectives and guardrails. Services shall include geo-fenced and day-parted media recommendations, media buying and placement execution, and ongoing pacing and delivery management. Only City-approved creative assets may be used.

Media costs shall be billed as pass-through expenses and shall be separate from agency fees.

3.9. Excluded Services

This scope does not include brand development, destination rebranding, public relations, social media management, web development, merchant recruitment, printing, fabrication, installation, on-site activation management, or changes to campaign strategy or messaging without City approval.

4. Requests for Clarification

All questions, requests for interpretations or clarifications, either administrative or technical must be requested in writing via the "Questions & Answer" tab through the City’s online bid management provider

(“OpenGov-Procurement”).

All written questions, if answered, will be answered in writing, conveyed to all interested firms, and posted through OpenGov-Procurement. Oral statements regarding this RFP by any persons should be considered unverified information unless confirmed in writing. To ensure a response, questions must be received in writing by 2:00 pm (local time) on Wednesday, February 25, 2026.

5. Content and Format of Proposal

5.1. Proposal (WITHOUT COST)*

Proposals shall be concise, well organized and demonstrate qualifications and applicable experience.

Proposals shall be organized and include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include:

1. Cover Letter (Maximum 1 page)

A. The cover letter should briefly introduce the firm and summarize its qualifications as they relate specifically to this project.

B. The letter should include:

I. A short summary of the firm’s understanding of the project purpose

II. Confirmation of the firm’s ability to deliver the requested scope within the stated budget range and timeline

III. Identification of the individual authorized to negotiate agreement terms

2. Experience and Technical Competence

A. Background: Proposers should describe experience relevant to place-based, tourism, municipal, or time-bound campaigns, particularly those involving:

I. Creative development under defined guardrails

II. Media planning and buying (including geo-targeting and/or day-parting)

B. References: Provide no more than three (3) projects similar in scope and function. For each, include:

I. Brief project description (2–3 sentences)

II. Client name

III. Primary contact name and phone number

3. Firm Staffing and Key Personnel

A. Proposers should identify the key personnel who would be responsible for this project, including:

I. Project Lead

II. Creative Lead

III. Media Lead

B. For each individual, provide:

I. Name and Role

II. Brief description of responsibilities related to this project.

III. Detailed resumes are not required.

C. Subcontractors: Identify any functions proposed to be subcontracted.

4. Proposed Method to Accomplish the Work

A. Proposers should describe their high-level approach to delivering the requested services, including:

I. How the firm would approach creative development within City-defined objectives and guardrails

II. How creative and media planning/buying would be coordinated

III. How the firm would collaborate with City staff throughout the project

IV. How the firm would manage timeline, approvals, and revisions

B. Proposers are not requested to submit creative concepts, taglines, or speculative designs.

C. A high-level project schedule outlining major phases and milestones is sufficient.

5. Page Limit Guidance

A. Proposers are encouraged to keep responses concise. The City anticipates responses of approximately 4–5 pages.

B. Proposers should limit submissions to the information requested above.

*Response required

5.2. Fee Proposal*

Proposers shall submit a lump-sum, not-to-exceed fee proposal for professional services only, covering all creative development, media planning, media buying management, and project management tasks described in the Scope of Services.

Media placement costs (advertising spend) are not included in the lump-sum fee and will be billed separately as pass-through expenses at cost.

The City prohibits agency markup, commissions, rebates, or other compensation applied to media placement costs. Media spend shall be billed to the City at net cost only.

The City anticipates, but does not guarantee, a media spend in the range of approximately $100,000.

Media spend may be adjusted by the City based on budget availability and performance considerations.

The fee proposal shall also include hourly billing rates for all personnel, to be used only for Additional

Work, if authorized in writing by the City and performed outside the defined Scope of Services.

*Response required

5.3. Non-Collusion Declaration*

The undersigned declares:

I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other

Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her

Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

☐ Please confirm

*Response required

5.4. SAM.gov*

Please enter your legal entity name for SAM.gov verification.

*Response required

5.5. Type of Business*

☐ C Corporation (if corporation, two signatures are required)

☐ S Corporation (if corporation, two signatures are required)

☐ Limited Liability C Corporation (if corporation, two signatures are required)

☐ Partnership

☐ Limited Liability Partnership

☐ Sole Proprietor/Individual

☐ Other

*Response required

5.6. Litigation*

Provide litigation history for any claims filed by your firm or against your firm related to the provision of

Services in the last five (5) years (or type "N/A").

*Response required

5.7. Changes to Agreement*

The City standard professional services agreement contract is included as an attachment herein. The

Proposer shall identify any objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may affect theCity's decision to enter into an Agreement.

*Response required

5.8. No Deviations from the RFP*

In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this

RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein (or type "N/A").

*Response required

5.9. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories)

1. Full Name

2. Title

3. Physical Business Address

4. Email Address

5. Phone Number

Corporation (C-Corp): Requires two signatures from authorized officers— one from President or Vice

President, and the other from the Secretary or Treasurer.

An alternate signatory may be used if authorized by a Notarized Corporate Resolution or Article of

Authority.

LLC: Usually requires one signature from an authorized member or manager. For significant contracts

(e.g., over $50,000 for construction or over $25,000 for service agreements), additional approvals or signatures may be required.

Sole Proprietorship, Non-Profit, Single LLC: Only the one signature is necessary.

*Response required

5.10. Conflict of Interest Disclosure*

The proposer understands that any and all relationships with construction firms that may submit bids for projects developed under this agreement will require full disclosure of any direct or indirect conflicts of interest, financial interests, relationships, and the nature of any relationships with any related project bid submitters; and that any violation of this provision may result in the immediate termination of the

Agreement

☐ Please confirm

*Response required

5.11. Certification of Proposal*

The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.

☐ Please confirm

*Response required

6. Submittal Requirements

6.1. General

It is strongly recommended that the Proposer submit proposals in the format identified in this RFP to allow the City to fully evaluate and compare the proposal. All requirements and questions in the RFP should be addressed and all requested data shall be supplied. The City reserves the right to request additional information which, in the City’s opinion, is necessary to assure that the Proposer’s competence, number of qualified employees, business organization, and financial resources are adequate to perform according to the Agreement.

6.2. Preparation

Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Responses should emphasize the Proposer’s demonstrated capability to perform the Services. Expensive bindings and promotional materials, etc., are not necessary or desired. However, technical literature that supports the approach to providing the

Services and work plan should be forwarded as part of the proposal. Emphasis should be concentrated on completeness, approach to the work and clarity of proposal.

6.3. Site Examination

Proposers may visit the City and its physical facilities to determine the local conditions which may in any way affect the performance of the work; familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the work; make such investigations, as it may deem necessary for performance of the Services at its proposal price within the terms of the

Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement.

6.4. Authorization

The proposal shall be signed by an individual, partner, officer or officers authorized to execute legal documents on behalf of the Proposer.

6.5. Confidentiality of Proposal

Proposals submitted in response to this RFP shall be held confidential by City and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.) until after either City and the successful Proposer have completed negotiations and entered into an Agreement or

City has rejected all proposals. All correspondence with the City including responses to this RFP will become the exclusive property of the City and will become public records under the California Public

Records Act. The City will have no liability to the Proposer or other party as a result of any public disclosure of any proposal or the Agreement.

If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public

Records Act, the Proposer must mark it as such and state the specific provision in the California Public

Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Proposer submits trade secret information, the Proposer must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary” (“Proprietary Information”), the City will provide

Proposers who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. Proposer shall have five (5) working days after receipt of such notice to give City written notice of Proposer's objection to the City's release of Proprietary Information. Proposer shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents 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.

Proposals which indiscriminately identify all or most of the proposal as exempt from disclosure without justification may be deemed unresponsive and disqualified from further participation in this RFP.

6.6. Submittal Instructions

The proposal must be received no later than 2:00 pm, on or before Saturday, February 28, 2026 through the City’s electronic bidding system, OpenGov Procurement. It is solely the responsibility of Proposer to see that its proposal is properly submitted in #Content and Format of Proposal in proper form and prior to the stated closing time. The City’s electronic bidding system will not accept late proposals. The City will only consider proposals that have transmitted successfully and have been sent an email with a time stamp https://secure.procurenow.com/portal/cityofpalmdesert/projects/235735/document?section=2243412 from the City’s electronic bidding system indicating that the proposal was submitted successfully.

Proposers shall be solely responsible for informing themselves with respect to the proper utilization of the City’s electronic bidding system, ensuring the capability of their computer system to upload the required documents, and the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk, and no relief will be given for late and/or improperly submitted proposals.

Proposers experiencing any technical difficulties with the proposal submission process may contact

OpenGov Procurement Support using the instant help chat function (located at the bottom right of the screen while on the website) during business hours, or by emailing support@procurenow.com. Neither the City nor OpenGov Procurement make any guarantee as to the timely availability of assistance or assurance that any given problem will be resolved by the proposal submission date and/or time.

7. Evaluation Criteria

No. Evaluation Criteria Scoring Method Weight (Points)

1. Understanding of the Project and Objectives

(30%)

The proposer’s demonstrated understanding of the City’s objectives, target audience, constraints, and the purpose of the campaign, including alignment with a visitor capture approach rather than destination branding or messaging initiatives.

Points Based 30 (30% of Total)

2. Proposed Approach and Methodology (25%)

The quality, clarity, and appropriateness of the proposer’s approach to delivering the Scope of

Services, including creative development, media planning and buying, collaboration with

City staff, timeline management, and adherence to defined guardrails.

Points Based 25 (25% of Total)

3. Relevant Experience and Qualifications (20%)

The proposer’s experience with similar projects, particularly place-based, tourism, or municipal campaigns, and demonstrated ability to work within public-sector, political, or reputational constraints.

Points Based 20 (20% of Total)

4. Project Team and Capacity (15%)

The qualifications and roles of key personnel proposed for this project, including demonstrated ability to provide appropriate senior oversight and sufficient capacity to meet the project timeline.

Points Based 15 (15% of Total) mailto:support@procurenow.com

5. Cost Proposal and Fee Structure (10%) Points Based 10 (10% of Total)

8. Selection Process

1. During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from Proposers, or to allow corrections of errors or omissions.

2. It is the City’s intent to select a Proposer best evidencing demonstrated competence and professional qualification to perform the Services. The City reserves the right to reject all proposals, select by proposal review only or interview as needed. Certain Proposers may be selected to make a brief presentation and oral interview after which a final selection will be made.

The successful Proposer will be selected on the basis of information provided in the RFP, in-person presentations, and the results of the City’s research and investigation. Upon selection of a

Proposer, the City will endeavor to negotiate a mutually agreeable Professional Services

Agreement with the selected Proposer. In the event that the City is unable to reach Agreement, the City will proceed, at its sole discretion, to negotiate with the next Proposer selected by the

City. The City reserves the right to contract for services in the manner that most benefits the City including awarding more than one contract if desired.

3. After negotiating a proposed Agreement that is fair and reasonable, City staff will make the final recommendation to the City Council concerning the proposed Agreement. The City Council has the final authority to approve or reject the Agreement.

9. General Conditions

9.1. Federal Requirements

If the Services are funded through a federal funding source, the successful Proposer and its subconsultants/subcontractors shall be required to take cognizance of and comply with all requirements set forth in the Federal Requirements, attached and incorporated herein by this reference.

9.2. Amendments to RFP

The City reserves the right to amend the RFP or issue to all Proposers addenda to answer questions for clarification.

9.3. Amendments to Proposals

Unless specifically requested by the City, no amendment, addendum or modification will be accepted after a proposal has been submitted to City. If a change to a proposal that has been submitted is desired, the submitted proposal must be withdrawn and the replacement proposal submitted prior to the deadline stated herein for receiving proposals.

9.4. Non-Responsive Proposals

A proposal may be considered non-responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal.

9.5. Costs for Preparing

The City will not compensate any Proposer for the cost of preparing any proposal, and all materials submitted with a proposal shall become the property of the City. The City will retain all proposals submitted and may use any idea in a proposal regardless of whether that proposal is selected.

9.6. Cancellation of RFP

City reserves the right to cancel this RFP at any time prior to contract award without obligation in any manner for proposal preparation, interview, fee negotiation or other marketing costs associated with this

RFP.

9.7. Price Validity

Prices provided by Proposers in response to this RFP are valid for 90 days from the proposal due date. The

City intends to award the contract within this time but may request an extension from the Proposers to hold pricing, until negotiations are complete, and the contract is awarded.

9.8. No Commitment to Award

Issuance of this RFP and receipt of proposals does not commit the City to award a contract. City expressly reserves the right to postpone the proposal for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with more than one Proposer concurrently, or to cancel all or part of this RFP.

9.9. Right to Negotiate and/or Reject Proposals

City reserves the right to negotiate any price or provision, task order or service, accept any part or all of any proposals, waive any irregularities, and to reject any and all, or parts of any and all proposals, whenever, in the sole opinion of City, such action shall serve its best interests and those of the tax-paying public. The Agreement, if any is awarded, will go to the Proposer whose proposal best meets City’s requirements.

9.10. Non-Discrimination

The City does not discriminate on the basis of race, color, national origin, religion, age, ancestry, medical condition, disability or gender in consideration for an award of contract.

The City's commitment to diversity and inclusion can be found here.

10. Protests

The procedures set forth in this section are mandatory and are the sole and exclusive remedy of a bidder, proposer or other vendor to dispute the award of a contract that the city solicits through a competitive https://www.cityofpalmdesert.org/our-city/departments/city-manager/inclusion process. A protest that does not comply with these procedures with these procedures may be summarily rejected and the person submitting the protest shall be deemed to have waived all rights to relief.

10.1. Protests of Solicitation Method

By submitting a bid, proposal or other application for a contract award, the bidder, proposer or other vendor shall be deemed to have waived all rights to challenge the city's method for procuring the contract or any discrepancy in the solicitation process or documents. Bidders, proposers, or vendors may submit bids, proposals or other applications under protest. Protests under this section shall be submitted in writing to the official designated to receive the bid, proposal or other application and shall contain a full summary of the factual and legal basis for the protest.

10.2. Waiver

Any person that: (1 ) did not directly submit a bid or proposal, (2) is not responsible or qualified to receive the contract, (3) failed to submit a responsive bid or proposal, (4) is not in line to receive the contract or is otherwise ineligible to receive the contract, (5) is otherwise not beneficially interested in the award, or

(6) fails to submit a timely protest shall be deemed to have waived the right to protest the award of the contract. Any protest deemed waived will be subject to summary rejection without further consideration and the person will have no right to any relief.

10.3. Protests of Award

A bidder, proposer or other vendor applying for a city contract through a competitive process may submit a written protest of the award of the contract. The protest shall identify and explain the factual and legal grounds for the protest. Any grounds not raised in the written protest are deemed waived by the protesting bidder.

10.4. Timing of Protest of Award

Protests shall be submitted in writing to the official designated to receive the bid, proposal or other application within the following times:

1. If of another bidder, within five (5) calendar days after the bid opening date.

2. If the City of Palm Desert makes a recommendation to the City Council/Housing Authority to award a proposal or other application, then within five (5) calendar days following the issuance of the recommendation and prior to the date of the award.

3. If in response to a notice of intent to reject a bid, proposal or other application, then within five

(5) calendar days following the issuance of the notice of intent.

10.5. Protest Review and Response

If the protest is timely and complies with the above requirements, the City of Palm Desert shall review the protest, any response from the challenged bidder, proposer or other vendor, and all other relevant information. The City of Palm Desert will provide a written decision to the protester in a reasonable amount of time. If the protest is in response to a recommendation of award to the City of Palm Desert then the protest will be considered concurrently with the award of the contract, and the approval authority's action is final.

10.6. Conflicts

The protest procedures contained in this section shall not apply if a particular solicitation contains a different protest procedure. This section does not limit or eliminate a claimant's obligations under the

Government Claims Act, Government Code Section 900 et seq.