2023-24 DRD Amendment 2 - Fritz Burns Pool Management & OperationsMEMORANDUM,
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DATE: 05/01/2023 - - - -- -
TO: Jon McMillen, City Manager
FROM: Michael Calderon, Community Resources Analyst
RE: Amendment No. 2 to Contract Services Agreement with Desert Recreation District for
management and operations of the Fritz Burns Pool
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 4/18/2023
QCity 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):
1] Bid W-1 RFP F-1 RFQ F-1 3 written informal bids
QSole Source F-1 Select Source 1-1 Cooperative Procurement
Reauestina department shall check and attach the items below as auurouriate:
a Agreement payment will be charged to Account No.: 101-3003-60184
Jr L Agreement term: Start Date July 1, 2023 End Date June 20, 2024
Amount of Agreement, Amendment, Change Order, etc.: $160,000
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
J-L Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: On file in LF - LM Date: 5/1 /2023
Bonds 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)
El
Business License No. Expires:
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES
WITH DESERT RECREATION DISTRICT
This Amendment No. 2 ("Amendment No. 2") to Agreement for Contract Services
("Agreement') is made and entered into as of the 18th day of April, 2023, ("Effective
Date") by and between the CITY OF LA QUINTA ("City"), a California municipal
corporation and DESERT RECREATION DISTRICT (DRD), a California special district
("Contracting Party").
RECITALS
WHEREAS, on or about July 1, 2021, the City and DRD entered into an Agreement
to provide services related to management and operations of Fritz Burns Pool, for a total
not to exceed amount of $160,000. The term of the Agreement expired on June 30, 2022
("Initial Term"); and
WHEREAS, on or about June 21, 2022, in accordance with Section 3.4 Term of
the Agreement, the City and DRD executed Amendment No. 1 to extend the Term for one
(1) additional one-year term from July 1, 2022 through June 30, 2023 ("Extended Term");
and
WHEREAS, in accordance with Section 3.4 Term of the Agreement, the City and
DRD mutually agree to extend the term of the Agreement for one (1) additional one-year
term from July 1, 2023, through June 30, 2024 ("Extended Term"); and
WHEREAS, the City and DRD mutually agree to amend Section 1.1 Scope of
Services to include additional services related to pool operations and expanded aquatic
programs to be provided by DRD and as depicted in detail in amended "Exhibit A — Scope
of Services;" and
WHEREAS, the City and DRD mutually agree, in correlation with the additional
services to be provided by DRD, to amend Section 2.1 Contract Sum of the Agreement,
as depicted in revised "Exhibit B — Schedule of Compensation," and increase the Contract
Sum for fiscal years 2023/24 and 2022/23 from $160,000 to $200,000 per year.
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 1.1 Scope of Services is amended to read as follows:
In compliance with all terms and conditions of this Agreement, Contracting Party shall
provide those services related to management and operations of Fritz Burns Pool, as well
as additional services related to pool operations and expanded aquatic programs, as
specified in the "Scope of Services" attached hereto as revised "Exhibit A" and
incorporated herein by this reference (the "Services"). Contracting Party represent and
warrants that Contracting Party is a provider of first-class work and/or services and
Contracting Party is experienced in performing the Services contemplated herein and, in
light of such status and experience, Contracting Party covenants that it shall follow
industry standards in performing the Services required hereunder, and that all materials,
if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement,
the phrase "industry standards" shall mean those standards of practice recognized by
one or more first-class firms performing similar services under similar circumstances.
2. Section 2.1 Contract Sum is amended to read as follows:
For the Services rendered pursuant to this Agreement, Contracting Party shall be
compensated in accordance with revised "Exhibit B" (the "Schedule of Compensation") in
a total amount not to exceed One Hundred Sixty Thousand Dollars ($160,000) for fiscal
years 2021/22, and Two Hundred Thousand Dollars ($200,000) for fiscal years 2022/23
and 2023/24 (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.
3. Section 3.4 Term is amended to read as follows:
Unless earlier terminated in accordance with the provisions in Article 8.0 of this
Agreement, the term of this agreement shall commence on July 1, 2021, and terminate
on June 30, 2022 ("Initial Term"). The City and Contracting Party mutually agreed to
extend the Term for one additional year from July 1, 2022 to June 30, 2023 and executed
Amendment No. 1 on or about June 21, 2021 ("Extended Term"). The City and
Contracting Party mutually agree to extend the Term for one more additional year from
July 1, 2023 to June 30, 2024.
In all other respects, the original Agreement shall remain in effect.
IN WITNESS WHEREOF, the City and Consultant have executed this
Amendment No. 2 to the Agreement on the respective dates set forth below.
CITY OF LA QUINTA
a California municipal corporation
JON MoMILLEN, City Manager
City of La Quinta, California
Dated; Z
/-.10Z3
ATTEST:
MONIKA RADEVAP City
City of La Quinta, Cafifo
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
DESERT RECREATION DISTRICT
a California Special District
IN KAL N
IN
Manager
Exhibit A
Scope of Services
Contracting Party Responsibilities:
• Provide pool management and operations for Fritz Burns Pool located at 78060
Francis Hack Lane, including but not limited to, marketing and programming.
• Must embody high quality standards, emphasize excellent customer services, and
have ability to maintain consistently high standards while managing and operating
Fritz Burns Pool.
• Shall meet and review with City staff, pool operations and associated expenses on
a quarterly basis.
• Hire aquatic class instructors and provide all program equipment, materials,
supplies, and tangible items needed.
• Responsible for hiring lifeguards and providing the required trainings, uniforms,
and supplies.
• A reservation/pre-registration system for pool participation will be offered for
participants to enjoy aquatic activities.
✓ Large pool will be divided into 6 sections by lane lines; maximum capacity will
be 36 persons for large pool and 6 persons for small pool.
✓ Lap swim will be offered during fitness classes; and reservation slots will be 45
minutes for use; and directional arrows and place markers will be used to
ensure social distancing.
✓ Participants/guests will be able to borrow equipment for lap swim and fitness
classes.
✓ Regular cleaning and disinfection will occur at the end of each hour by staff.
✓ Regularly evaluate for compliance with the plan and document and/or correct
deficiencies identified; and they are confident that they can meet the challenges
ahead and stand ready to deliver efficient rollout to resume aquatic
programming.
Proposed Services:
Lap Swim/Open Swim, Senior Splash, Water Aerobics, Adult Swim lessons
• Free Swim days
o Community Swim: June 2023/2024
o Veterans Swim Free: July 2023
o Water Safety Presentation: April 2023/2024
• La Quinta residents will be given free admission for any open swim session while
La Quinta Park splash pad is under renovations.
• Dive — In Movies: June, July, August 2023/2024 (one movie per month)
• Youth, Infant, and Pre -School swim lessons (offered in summer months)
• Ready Set Swim Jr. swim lessons year-round
• Seasonal Community Splash Parties:
o Mermaid Splash Party: September 2023/2024
o Floating Pumpkin Patch: October 2023/2024
o Poolside with Santa: December 2023/2024
• A Pool Manager to provide direct supervision of DRD team members.
• Swim Party Rentals
• Adaptive Lessons
Extended programming & services:
• Developing a Master Swim Program
• Hooked on Swimming recreation level — competitive swim program
• Spring Youth Swim Clinics
• Spring Teen Friday Night Live Pool party
Operating Dates: July 1, 2023—June 30, 2024
Proposed Operating Hours:
• June, July, August, and September:
o Monday — Thursday: 9 am — 7 pm
o Friday and Saturday: 8 am-2 pm, and 4 pm-9 pm
• October
o Monday — Thursday: 9 am — 1 pm
o Saturday: 8 am to 1 pm
• November and December:
o Monday — Thursday: 9 am — 1 pm
• January, February, March, April, and May:
o Monday — Thursday: 9 am — 1 pm
o Saturday: 8 am —1 pm
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
for the Services under this Agreement in Fiscal Year 2021/2022 is One Hundred Sixty
Thousand Dollars ($160,000), and Two Hundred Thousand Dollars ($200,000) for fiscal
years 2022/23 and 2023124 (the "Contract Sum").
BUSINESS SESSION ITEM NO. 1
City of La Quinta
CITY COUNCIL MEETING: April 18, 2023
STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT
SERVICES WITH DESERT RECREATION DISTRICT TO PROVIDE MANAGEMENT
AND OPERATION SERVICES FOR THE FRITZ BURNS POOL TO INCLUDE
ADDITIONAL PROGRAMMING, INCREASE COMPENSATION FOR FISCAL YEARS
2022/23 AND 2023/24, AND TO EXTEND THE TERM THROUGH FISCAL YEAR
2023/24
RECOMMENDATION
Approve Amendment No. 2 to Agreement for Contract Services with Desert Recreation
District to provide management and operation services for the Fritz Burns Pool, to include
additional programming, increase compensation for fiscal years 2022/23 and 2023/24,
and to extend the term through fiscal year 2023/24; and authorize the City Manager to
execute the Amendment.
EXECUTIVE SUMMARY
• In June 2021, the City entered into a one-year agreement with Desert Recreation
District (DRD) to provide management and operation services for the Fritz Burns
Pool (Pool) for $160,000.
• In June 2022, Amendment No. 1 was executed, extending the agreement for an
additional one-year term for fiscal year (FY) 2022/23.
Amendment No. 2 (Attachment 2) proposes to include additional programming and
expanded hours of operation to the scope of work; in correlation, increase the
compensation for FYs 2022/23 and 2023/24 to $200,000 for each year; and
extends the term for one additional year through FY 2023/24.
FISCAL IMPACT
Revenues generated by the Pool offset the annual costs the City incurs for the contracted
management and operations services. Initial Pool services cost was $160,000; due to
expanded programs and staffing, operation costs have increased. Amendment No. 2
would increase the compensation for FYs 2022/23 and 2023/24 by $40,000 per year, for
a total not to exceed annual amount of $200,000, which would allow expanded programs
and services to continue in FY 2023/24. Funding is available in account no. 101-3003-
107
60184 and includes a 10% contingency to allow the City to respond to Pool user requests
for additional services if needed.
BACKGROUND/ANALYSIS
In June 2021, the City entered into a one-year agreement with DRD to provide
management and operation services for the Pool. The initial Pool services cost was
$160,000 and included various pool programs, aquatic activities, and open/lap swim
offered 4-5 days per week throughout the FY. City and DRD expanded the pool hours of
operation and programming to accommodate the community's requests for more pool
activities.
In June 2022, Amendment No. 1 was executed, extending the agreement for an additional
one-year term for FY 2022-23, with expanded hours of operations and programs as the
City transitioned back to a full year of pool service post-COVID. As a result, staffing levels
have increased due to more frequent use of the Pool. Staff is requesting increase in
compensation of $40,000 for FY 2022/23 to account for the increase in staffing and
programs. Staff is also requesting to extend the agreement with DRD for an additional
one-year term for FY 2023/24 at the increased compensation of $200,000 to allow
expanded operations and programs to continue. Additionally, the City is requesting DRD
offer supplementary programs and activities while the splash pad at La Quinta Park is
being renovated and water amenities will be limited during the summer months. City and
DRD will continue to have regular check -ins to discuss the programs and services offered
to the community.
ALTERNATIVES
Council may elect to modify and/or deny approval of this Amendment, however, this would
interrupt Pool services and programs until another service provider is contracted.
Prepared by: Michael Calderon, Community Resources Analyst
Approved by: Christina Calderon, Community Resources Manager
Attachments: 1. DRD Pool Operations Proposal
2. Amendment No. 2 to Agreement for Contract Services with DRD
108
• , ATTACHMENT 1
•06*6•
Date: March 27, 2023
To: Christina Calderon, Community Resources Manager
From: Maureen Archuleta, Community Services Supervisor
Subject: Swim & Water services at Fritz Burns Pool FY24
CC: Barb Adair, Assistant General Manager
Our vision is through a community collaborative approach, Desert Recreation District will provide quality,
barrier -free and safe recreational activities that contribute to the overall wellness of the citizens of the
Coachella Valley; encourage healthy lifestyles and positive out -of -school activities; and facilitate, coordinate
and plan for recreation facilities and trails.
This letter of Intent reaffirms Desert Recreations District's interest in continuing our formal working
partnership with your agency to operate Aquatic programs at Fritz Burns Pool. Based upon your feedback of
the attached proposal, Desert Recreation District has provided you with estimates expense details.
Per Desert Recreation District Fees & Charges policy and Manual - pricing and cost recovery The District's
recreation services are designed to complement those available throughout the community in order that all
residents have a reasonable opportunity to participate in recreation. For the development of the appropriate
fee the following three distinct categories of program have been established: Full Subsidy, Merit Pricing, and
Full Cost Recovery. This proposal falls into the Merit Pricing: Programs in this category are intended to provide
broad community benefit but are offered largely as classes and activities and have many attributes of those
offered in the private sector. The broader public benefit is achieved by targeting underserved or priority
populations. Merit priced activities are expected to recover 50%-100% of direct program costs based on
market conditions. These costs represent the expense directly related to delivery of the program, activity, or
service. Direct costs include direct program staff, materials and supplies, and immediate administrative
overhead (Aquatics Specialist).
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Proposed Site: Fritz Burns Pool 78107 Avenue 52, La Quinta, CA 92253
Proposed Services:
• Lap Swim / Open Swim
• Senior Splash
• Water Aerobics
• Adult Swim lessons
• Free Swim days
Friday, June 9, 5-9 pm Community Swim
Monday, July 4th Veterans swim free
Saturday, April 13th & 20th Water Safety presentation
La Quinta residents will be given free admission for any open swim session whilst LQ Park splash pad is under
renovations.
• Dive —In Movies
June 23rd, July 14th, and Aug 4th
• Youth, Infant, and Pre -School swim lessons (offered in summer months)
• Ready Set Swim Jr. swim lessons year-round
• Seasonal Community Splash Parties
Saturday, September 161h,1-2:30 pm Mermaid Splash Party
Friday, October 25th, 4-5:30 pm Floating Pumpkin Patch
Friday, December 6th, 3:30 -5:30 pm Poolside with Santa
• A Pool Manager to provide direct supervision of DRD team members.
• Swim Party Rentals
• Adaptive Lessons
Extended programming & services
Developing a Master Swim Program
Hooked on swimming recreation level - competitive swim program
Spring Youth Swim Clinics
Spring Teen Friday Night Live Pool party
Operating Dates: July 1, 2023 —June 30, 2024
Proposed Operating Hours:
June, July, Aug, Sep: M-Th 9 am —7 pm / Fri & Sat 8 am — 2 pm & 4-9 pm
Nov, Dec: M-Th 9 am — 1 pm
Oct, Jan, Feb, March, April, May: M-TH 9am — 1pm / Sat Sam-1pm
Compensation for Services:
This proposal amount of One Hundred Eighty -Nine Thousand, Five Hundred and Six Dollars ($189,506.00) is an estimate
based on the anticipated amount of revenues received, and the cost of the contract will not exceed $200,000.00 per
fiscal year, in which the City agrees to reimburse Desert Recreation District (provider) one hundred percent (100%) of
the net operating costs as provided in the Aquatic Program Service Account Detail.
110
•
•
• 0_0 •
DESERT
RECREATION DISTRICT
Aquatic program service account detail
Estimated
Program Expenses
Staffing & Service Enhancement
$28,486.64
Total $28,486.64
Part -Time Salaries
Pool managers
$38,141.36
Lifeguards
$124,557.00
Swim Instructors
$30,680.00
Instructors
$17,688.00
Pool Cashier
$4, 088.00
Total
$215,154.36
Expenses
Materials & Supplies
$3,800.00
Uniforms
$1,390.00
Special Fees
$ 3,612.00
Communication
$1,200.00
Fleet
$ 300.00
General Services
$1,750.00
Minor Equipment
$1,300.00
Office Supplies
$1,600.00
Computer & Office Equipment
$1,400.00
Travel & Professional Development
$ 900.00
Total
$17,252.00
Total Expenses & Salaries $260,893.00
Revenue
Open/ Lap Swim
$12,496.00
Pool Rentals
$ 1,610.00
Fitness Classes
$22,468.00
Youth Lessons
$19,375.00
Donated Registration
$14,438.00
Concession
$ 1,000.00
Total $71,387.00
Difference ($189,506.00)
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BUSINESS SESSION ITEM NO. 1
City of La Quinta
CITY COUNCIL MEETING: April 18, 2023
STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT
SERVICES WITH DESERT RECREATION DISTRICT TO PROVIDE MANAGEMENT
AND OPERATION SERVICES FOR THE FRITZ BURNS POOL TO INCLUDE
ADDITIONAL PROGRAMMING, INCREASE COMPENSATION FOR FISCAL YEARS
2022/23 AND 2023/24, AND TO EXTEND THE TERM THROUGH FISCAL YEAR
2023/24
RECOMMENDATION
Approve Amendment No. 2 to Agreement for Contract Services with Desert Recreation
District to provide management and operation services for the Fritz Burns Pool, to include
additional programming, increase compensation for fiscal years 2022/23 and 2023/24,
and to extend the term through fiscal year 2023/24; and authorize the City Manager to
execute the Amendment.
EXECUTIVE SUMMARY
• In June 2021, the City entered into a one-year agreement with Desert Recreation
District (DRD) to provide management and operation services for the Fritz Burns
Pool (Pool) for $160,000.
• In June 2022, Amendment No. 1 was executed, extending the agreement for an
additional one-year term for fiscal year (FY) 2022/23.
Amendment No. 2 (Attachment 2) proposes to include additional programming and
expanded hours of operation to the scope of work; in correlation, increase the
compensation for FYs 2022/23 and 2023/24 to $200,000 for each year; and
extends the term for one additional year through FY 2023/24.
FISCAL IMPACT
Revenues generated by the Pool offset the annual costs the City incurs for the contracted
management and operations services. Initial Pool services cost was $160,000; due to
expanded programs and staffing, operation costs have increased. Amendment No. 2
would increase the compensation for FYs 2022/23 and 2023/24 by $40,000 per year, for
a total not to exceed annual amount of $200,000, which would allow expanded programs
and services to continue in FY 2023/24. Funding is available in account no. 101-3003-
107
60184 and includes a 10% contingency to allow the City to respond to Pool user requests
for additional services if needed.
BACKGROUND/ANALYSIS
In June 2021, the City entered into a one-year agreement with DRD to provide
management and operation services for the Pool. The initial Pool services cost was
$160,000 and included various pool programs, aquatic activities, and open/lap swim
offered 4-5 days per week throughout the FY. City and DRD expanded the pool hours of
operation and programming to accommodate the community's requests for more pool
activities.
In June 2022, Amendment No. 1 was executed, extending the agreement for an additional
one-year term for FY 2022-23, with expanded hours of operations and programs as the
City transitioned back to a full year of pool service post-COVID. As a result, staffing levels
have increased due to more frequent use of the Pool. Staff is requesting increase in
compensation of $40,000 for FY 2022/23 to account for the increase in staffing and
programs. Staff is also requesting to extend the agreement with DRD for an additional
one-year term for FY 2023/24 at the increased compensation of $200,000 to allow
expanded operations and programs to continue. Additionally, the City is requesting DRD
offer supplementary programs and activities while the splash pad at La Quinta Park is
being renovated and water amenities will be limited during the summer months. City and
DRD will continue to have regular check -ins to discuss the programs and services offered
to the community.
ALTERNATIVES
Council may elect to modify and/or deny approval of this Amendment, however, this would
interrupt Pool services and programs until another service provider is contracted.
Prepared by: Michael Calderon, Community Resources Analyst
Approved by: Christina Calderon, Community Resources Manager
Attachments: 1. DRD Pool Operations Proposal
2. Amendment No. 2 to Agreement for Contract Services with DRD
108