2021-22 DRD - Fritz Burns Pool Management & OperationsMEMORANDUM
DATE:
TO:
FROM:
RE:
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
___ Approved by City Council on ___________________________________________
___ City Manager’s signing authority provided under the City’s Purchasing Police
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
___ Department Director’s or Manager’s signing authority provided under the City’s
Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must apply):
___ Bid ___ RFP ___ RFQ ___ 3 written informal bids
___ Sole Source ___ Select Source ___ Cooperative Procurement
Requesting department shall check and attach the items below as appropriate:
___ Agreement payment will be charged to Account No.: _____________________
___ Agreement term: Start Date ________________ End Date ________________
___ Amount of Agreement, Amendment, Change Order, etc.: $____________________
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
___ Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: ______________________________ Date: _______________
___ Bonds (originals) as required by the Agreement (Performance, Payment, etc.)
___ Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
NOTE: Review the “Form 700 Disclosure for Consultants” guidance to determine if a Form 700 is
required pursuant FPPC regulation 18701(2)
___ Business License No. __________________; Expires: __________________
___ Requisition for a Purchase Order has been prepared (Agreements over $5,000)
June 14, 2021
Jon McMillen, City Manager
Christina Calderon, Community Resoucres Manager
Contract Services Agreement with Desert Recreation District for the Fritz Burns Pool
management and operations for FY21-22.
✔June 15, 2021 - Consent 6
✔
✔101-3003-60184
✔07/01/2021 06/30/2022
✔NTE 160,000 (100% net operating expenses)
✔
Monika Radeva 7/14/2021
✔N/A
✔
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Contracting Party. It is expressly understood by Contracting Party that the
provisions of this Section shall not apply to the Services specifically set forth in
the Scope of Services or reasonably contemplated therein. It is specifically
understood and agreed that oral requests and/or approvals of Additional
Services shall be barred and are unenforceable. Failure of Contracting Party to
secure the Contract Officer’s, or assigned designee’s written authorization for
Additional Services shall constitute a waiver of any and all right to adjustment
of the Contract Sum or time to perform this Agreement, whether by way of
compensation, restitution, quantum meruit, or the like, for Additional Services
provided without the appropriate authorization from the Contract Officer, or
assigned designee. Compensation for properly authorized Additional Services
shall be made in accordance with Section 2.3 of this Agreement.
1.8 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in “Exhibit D”
(the “Special Requirements”), which is incorporated herein by this reference
and expressly made a part hereof. In the event of a conflict between the
provisions of the Special Requirements and any other provisions of this
Agreement, the provisions of the Special Requirements shall govern.
2.COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this
Agreement, Contracting Party shall be compensated in accordance with “Exhibit
B” (the “Schedule of Compensation”) in a total amount not to exceed One
Hundred Sixty Thousand Dollars ($160,000.00) per fiscal year, including the
initial and any extended terms (the “Contract Sum”), except as provided in
Section 1.7. The method of compensation set forth in the Schedule of
Compensation may include a lump sum payment upon completion, payment in
accordance with the percentage of completion of the Services, payment for time
and materials based upon Contracting Party’s rate schedule, but not exceeding
the Contract Sum, or such other reasonable methods as may be specified in
the Schedule of Compensation. Regardless of the method of compensation set
forth in the Schedule of Compensation, Contracting Party’s overall
compensation shall not exceed the Contract Sum, except as provided in
Section 1.7 of this Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting Party
wishes to receive payment, Contracting Party shall submit to City no later than
the tenth (10th) working day of such month, in the form approved by City’s
Finance Director, an invoice for Services rendered prior to the date of the
invoice. Such invoice shall (1) describe in detail the Services provided,
including time and materials, and (2) specify each staff member who has
provided Services and the number of hours assigned to each, and (3) provide
program revenues. Such invoice shall contain a certification by a principal
member of Contracting Party specifying that the payment requested is for
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Services performed in accordance with the terms of this Agreement. Upon
approval in writing by the Contract Officer, or assigned designee, and subject
to retention pursuant to Section 8.3, City will pay Contracting Party for all items
stated thereon which are approved by City pursuant to this Agreement no later
than thirty (30) days after invoices are received by the City’s Finance
Department.
2.3 Compensation for Additional Services. Additional Services
approved in advance by the Contract Officer, or assigned designee, pursuant
to Section 1.7 of this Agreement shall be paid for in an amount agreed to in
writing by both City and Contracting Party in advance of the Additional Services
being rendered by Contracting Party. Any compensation for Additional Services
amounting to five percent (5%) or less of the Contract Sum may be approved
by the Contract Officer, or assigned designee. Any greater amount of
compensation for Additional Services must be approved by the La Quinta City
Council, the City Manager, or Department Director, depending upon City laws,
regulations, rules and procedures concerning public contracting. Under no
circumstances shall Contracting Party receive compensation for any Additional
Services unless prior written approval for the Additional Services is obtained
from the Contract Officer, or assigned designee, pursuant to Section 1.7 of
this Agreement.
3.PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement. If the Services not completed in accordance with the Schedule of
Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that
the City will suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this
Agreement shall be performed diligently and within the time period established
in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period
specified in the Schedule of Performance may be approved in writing by the
Contract Officer, or assigned designee.
3.3 Force Majeure. The time period specified in the Schedule of
Performance for performance of the Services rendered pursuant to this
Agreement shall be extended because of any delays due to unforeseeable
causes beyond the control and without the fault or negligence of Contracting
Party, including, but not restricted to, acts of God or of the public enemy, fires,
earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight
embargoes, acts of any governmental agency other than City, and unusually
severe weather, if Contracting Party shall within ten (10) days of the
commencement of such delay notify the Contract Officer, or assigned
designee, in writing of the causes of the delay. The Contract Officer, or
assigned designee, shall ascertain the facts and the extent of delay, and
City of La Quinta
CITY COUNCIL MEETING: June 15, 2021
STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH
DESERT RECREATION DISTRICT FOR MANAGEMENT AND OPERATIONS OF
THE FRITZ BURNS POOL FOR FISCAL YEAR 2021/22
RECOMMENDATION
Approve Agreement for Contract Services with Desert Recreation District to
provide management and operation of the Fritz Burns Pool for fiscal year
2021/22; and authorize the City Manager to execute the Agreement.
EXECUTIVE SUMMARY
•In June 2019 Desert Recreation District (DRD) was awarded a contract
for year-round management and operations of the Fritz Burns Pool
(Pool).
•Contract services ceased in March 2020 due to the onset of the COVID-
19 pandemic; pool operations resumed with limited capacity in March
2021.
•This Agreement for Contract Services (Attachment 1) will provide for
year-round pool management and operations services for fiscal year
(FY) 2021/22.
FISCAL IMPACT
Revenues generated by the pool help offset the annual expense of the
contract. The cost for these services is $145,000. The proposed 2021/22
budget for Fritz Burns Pool Contract Services is $160,000 (account no. 101-
3003-60184), which includes a 10% contingency to allow the City to respond
to pool user requests for additional services, if needed, since next year is
anticipated to be the first full year of service.
CONSENT CALENDAR ITEM NO. 6
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BACKGROUND/ANALYSIS
DRD began pool operations in June 2019. After a successful summer, program
offerings were reduced while the City purchased and installed a new heating
system.
The pool heater was operational January 2020. March 2020 saw the onset of
the COVID-19 pandemic and all recreation programs were suspended. Staff
continued to stay in contact with DRD to discuss possible pool program
offerings as the allowances for outdoor activities opened in Riverside County.
March 2021, the City resumed modified pool programming allowing the pool
facility to be opened 3 days per week at reduced attendance.
DRD has provided the City a proposal for year-round pool programming set to
begin on July 1, 2021 through June 30, 2022. Various pool programs and
activities, along with open and lap swim, will be offered 4-5 days per week
throughout the FY. City and DRD will continue to have regular check-ins to
discuss the programs and services offered to the community.
DRD is moving toward a gradual reopening of Fritz Burns Pool and will continue
to operate on the guidance of industry standards and align with the current
public health guidance in relation to COVID-19.
Upon Council approval, the new contract for pool services provides a one-year
initial term with the option to extend for two additional one-year terms.
Management services and programs are set to begin on July 1, 2021.
ALTERNATIVES
Council may elect to modify and/or deny approval of this contract, however,
this would interrupt pool services and programs until another service provider
is contracted.
Prepared by: Christina Calderon, Community Resources Manager
Approved by: Chris Escobedo, Community Resources Director
Attachment: 1. Agreement for Contract Services
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