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2022-23 Ocean Springs Tech - Amendment 2 - 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, 2022 Jon McMillen, City Manager Dianne Hansen, Management Analyst Ocean Springs Tech, Inc. Amendment 2 - Project No 2020-11; Pool & Water Feature Maintenance May 17, 2022  ✔101-3005-60184; 101-3005- 07/01/2022 06/30/2023 87,768  On File LF - LM Exp 04/2023 6/20/2022 0003608 4/30/2023  ATTACHMENT 1 AMENDMENT NO. 2 TO AGREEMENT WITH OCEAN SPRINGS TECH, INC. PROJECT NO. 2020-11 This Amendment No. 2 (“Amendment No. 2”) to the Contract Services Agreement (“Agreement”) is made and entered into as of the 1st day of July 2022 ("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 expired on June 30, 2021; and WHEREAS, on May 18, 2021, City Council approved Amendment No. 1 which proposed the first one-year term extension and a 5% increase of $3,906 in compensation, total Contract Agreement amount $82,026. WHEREAS, Amendment No. 2, Section 2.1 – Contract Sum, shall be amended by up to an additional $87,768 for monthly maintenance seven days per week for the 2022/23 FY, which includes a 7% increase of $5,742, for a total not to exceed amount of $234,928; and WHEREAS, the City and Contracting Party mutually agree to extend the term of the Agreement for the second one-year term extension in accordance with Section 3.4 - Term, from July 1, 2022 to June 30, 2023 (“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 $87,768, for a total not to exceed amount of $234,928 as listed in revised “Exhibit B”, attached hereto, and incorporated herewith by this reference: Rev. 7/28/2017 Initial Term (July 1, 2020 – June 30, 2021) $65,100 Extended Term (July1, 2021 – June 30, 2022) $82,026 Extended Term (July 1, 2022- June 30, 2023) $87,768 Total not to exceed amount: $234,928 2. Section 3.4; Term, is extended for one additional year from July 1, 2022 to June 30, 2023 (“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-Seven Thousand, and Seven Hundred Sixty-Eight Dollars ($87,768) (“Contract Sum”) in the 2022/23 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 $5,460 $65,523 LA QUINTA PARK 79120 BLACK HAWK WAY SPLASH PAD WATER FEATURE Service 7 Days Per Week $1,854 $22,245 Total: $7,314 $87,768 DESCRIPTION FRITZ BURNS PARK 78080 FRANCES HACK LANE MONTHLY PRICE ANNUAL PRICE POOL – Service 3 Days per Week $2,191 $26,290 LA QUINTA PARK 79120 BLACK HAWK WAY SPLASH PAD WATER FEATURE Service 3 Days Per week $843 $10,111 Total: $3,034 $34,401 City of La Quinta CITY COUNCIL MEETING: May 17, 2022 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH OCEAN SPRINGS TECH, INC. FOR A ONE-YEAR TERM EXTENSION AND RELATED COMPENSATION FOR POOL AND WATER FEATURE MAINTENANCE SERVICES PROJECT NO. 2020-11 RECOMMENDATION Approve Amendment No. 2 to Agreement for Contract Services with Ocean Springs Tech, Inc. for a one-year term extension for pool and water feature maintenance services, in an amount not to exceed $87,768; and authorize the City Manager to execute the Contract. EXECUTIVE SUMMARY The City contracts pool and water feature maintenance services (maintenance services) for its pool and water feature. On August 2, 2020, City Council awarded a Contract Services Agreement (Agreement) for maintenance services to Ocean Springs Tech, Inc. (Ocean Springs). The initial term was for 10 months of service, total Agreement amount of $65,100. On May 18, 2021, Council approved Amendment No. 1 for the first one-year term extension and a 5% increase of $3,906 in compensation, total Agreement amount of $82,026. Amendment No. 2 (Attachment 1) proposes the second one-year term extension through June 30, 2023, and a 7% increase of $5,742 in compensation for a total not to exceed amount of $87,768. FISCAL IMPACT The total contract cost for fiscal year 2022/23 would be $87,768 for 12 months of service and includes a 7% compensation increase of $5,742. The annual cost is allocated between funds for Fritz Burns Pool (101-3005-60184) and the La Quinta Park water feature (101-3005-60554). These costs are currently included within the draft Fiscal Year 2022/23 City operating budget. CONSENT CALENDAR ITEM NO. 3 159 Total Contract 2020/21 Contract Amount $ 65,100 2021/22 Additional two months of service $ 13,020 Amendment No 1 $ 3,906 Amendment No 2 $ 5,742 2022/23 Contract Amount (12 Months) $ 87,768 BACKGROUND/ANALYSIS The City pool is located at Fritz Burns Park and the water feature at La Quinta Park. Typically, maintenance services are provided seven days per week during the season and three days per week in the off season. On August 2, 2020, City Council awarded the maintenance services to Ocean Springs. The initial contract was for a ten-month period, at $65,100, with an option of four (4) one-year extensions. On May 18, 2021, City Council approved Amendment No. 1 which proposed a one-year term extension and a 5% increase of $3,906, total Agreement amount of $82,026. Amendment No 2 proposes a one-year contract extension and a 7% increase of $5,742, total Agreement amount $87,768 which budgets for services seven days per week for twelve-months. ALTERNATIVES Council may direct staff to prepare new bid documents and specifications to advertise for Citywide Pool & Water Feature Maintenance services. However, that may cause a delay in services. Prepared by: Dianne Hansen, Management Analyst, Parks/Landscape Approved by: Bryan McKinney, Public Works/Engineering Director Attachment: 1. Amendment No. 2 160