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2021-22 Ocean Springs Tech - Amendment 1 - Fritz Burns Pool & LQ Park Splash Pad Maint Project 2020-11MEMORANDUM 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 17, 2021 Jon McMillen, City Manager Dianne Hansen, Management Analyst Project No 2020-11; Pool & Water Feature Maintenance, Ocean Springs Tech,Inc. May 18, 2021 - Consent 16  ✔101-3005-60184; 101-3005- 07/01/2021 06/30/2022 82,026  MR on file in LF exp 4/2022 6/19/2021 0003608 4/30/2022  Rev. 7/28/2017 AMENDMENT NO. 1 TO AGREEMENT WITH OCEAN SPRINGS TECH, INC. PROJECT NO. 2020-11 This Amendment No. 1 (“Amendment No. 1”) to the Contract Services Agreement (“Agreement”) is made and entered into as of the 1st day of July 2021 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and OCEAN SPRINGS TECH, INC. (“Contracting Party”). RECITALS WHEREAS, on or about July 1, 2020, the City and Contracting Party entered into an Agreement to provide Pool & Water Feature Maintenance services Project No. 2020-11, for a total not to exceed price of $65,100 (ten months of service). The term of the Agreement expires on June 30, 2021; and WHEREAS, Section 2.1 – Contract Sum, shall be amended by up to an additional $82,026 for monthly maintenance seven days per week for the 2021/22 FY, which includes a five-percent (5%) increase of $3,906, for a total not to exceed amount of $147,126; and WHEREAS, the City and Contracting Party mutually agree to extend the term of the Agreement for one additional year in accordance with Section 3.4 - Term, from July 1, 2021 to June 30, 2022 (“Extended Term”); and NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. Section 2.1: Contract Sum is amended by up to an additional $82,026, for a total not to exceed amount of $147,126 as listed in revised “Exhibit B”, attached hereto, and incorporated herewith by this reference: Initial Term (July 1, 2020 – June 30, 2021) $65,100 Extended Term (July1, 2021 – June 30, 2022) $82,026 Total not to exceed amount: $147,126 Rev. 7/28/2017 2. Section 3.4; Term, is extended for one additional year from July 1, 2021 to June 30, 2022(“Extended Term”), unless earlier terminated in accordance with Sections 8.8 or 8.9 of the Agreement, In all other respects, the original Agreement shall remain in effect. Rev. 7/28/2017 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Eighty-Two Thousand, and Twenty-Six Dollars ($82,026) (“Contract Sum”) in the 2021/22 Fiscal Year. The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. CONTRACT SUMMATION DESCRIPTION FRITZ BURNS PARK 78080 FRANCES HACK LANE MONTHLY PRICE ANNUAL PRICE POOL – Service 7 Days per Week $5,103 $61,236 LA QUINTA PARK 79120 BLACK HAWK WAY SPLASH PAD WATER FEATURE Service 7 Days Per Week $1,732 $20,790 Total: $6,835 $82,026 DESCRIPTION FRITZ BURNS PARK 78080 FRANCES HACK LANE MONTHLY PRICE ANNUAL PRICE POOL – Service 3 Days per Week $2,047 $24,570 LA QUINTA PARK 79120 BLACK HAWK WAY SPLASH PAD WATER FEATURE Service 3 Days Per week $787 $9,450 Total: $2,834 $34,020