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2023-24 Ocean Springs Tech - Amendment 3 - Fritz Burns Pool & LQ Park Splash Pad Maint Project 2020-11MEMORANDUM DATE: June 8, 2023 TO: Jon McMillen, City Manager FROM : Dianne Hansen, Management Analyst RE: Ocean Springs Tech, Inc. - Pool & Water Feature Maintenance - Project No. 2020-11 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 June 6, 2023 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 n RFQ [ 3 written informal bids Sole Source Select Source U Cooperative Procurement Requesting department shall check and attach the items below as appropriate: 101-3005-60184; Agreement payment will be charged to Account No.: 101-3005-60554 .6111 Agreement term: Start Date 07/01/2023 End Date 06/30/2024 Amount of Agreement, Amendment, Change Order, etc.: $97'902 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: On File LF (LM) Date: 6/9/2023 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. 0003608 Expires: 4/30/2024 Requisition for a Purchase Order has been prepared (Agreements over $5,000) AMENDMENT NO. 3 TO AGREEMENT WITH OCEAN SPRINGS TECH, INC. PROJECT NO. 2020-11 This Amendment No. 3 ("Amendment No. 3") to the Contract Services Agreement ("Agreement") is made and entered into as of the 1st day of July 2023 ("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 September 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 (10 months of service). The term of the Agreement expired on June 30, 2021 ("Initial Term"); and WHEREAS, on or about September 1, 2021, the City and Contracting Party executed Amendment No. 1 for a one-year term extension, from July 1, 2021 through June 30, 2022 ("Extended Term"), and a 5% increase in compensation for fiscal year 2021/22 in the amount of $82,026, approved by Council on May 18, 2021. WHEREAS, on or about July 1, 2022, the City and Contracting Party executed Amendment No. 2 for a one-year term extension, from July 1, 2022 through June 30, 2023 ("Extended Term"), and a 7% increase in compensation for fiscal year 2022/23 in the amount of $87,768, approved by Council on May 17, 2022. WHEREAS, City and Contracting Party mutually agree to amend Section 2.1 — Contract Sum of the Agreement by an additional amount of $97,902 for monthly maintenance seven days per week for fiscal year 2023/24, which includes a 7% increase of $6,142, and $1,112 for increased maintenance and chemicals for the enlarged splash pad installed at La Quinta Park, and $2,880 for CAT500 monitoring for the Fritz Burns pool, for a total not to exceed Agreement amount of $332,796; and WHEREAS, the City and Contracting Party mutually agree to extend the term of the Agreement for the third one-year extension in accordance with Section 3.4 - Term, from July 1, 2023 to June 30, 2024 ("Extended Term"). 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: (a(14 /20z3 1. Section 2.1: Contract Sum is amended by up to an additional $97,902, for a total not to exceed amount of $332,796 as listed in revised "Exhibit B", attached hereto, and incorporated herewith by this reference: Initial Term (September 1, 2020 — June 30, 2021) $65,100 Extended Term (July 1, 2021 — June 30, 2022, Amendment 1) $82,026 Extended Term (July 1, 2022 — June 30, 2023, Amendment 2) $87,768 Extended Term (July 1, 2023 — June 30, 2024, Amendment 3) $97,902 Total not to exceed amount: $332,796 2. Section 3.4; Term, is extended for one additional year from July 1, 2023, to June 30, 2024 ("Extended Term"), and shall read as follows: Unless earlier terminated in accordance with the provisions of Article 8.0 of this Agreement, the term of this agreement shall commence on September 1, 2020, and terminate on or before June 30, 2021 ("Initial Term"). This Agreement was extended via Amendment No.1 from July 1, 2021, through June 30, 2022, and via Amendment No. 2 from July 1, 2022 through June 30, 2023; Amendment No. 3 shall extend the term of this Agreement from July 1, 2023 through June 30, 2024 ("Extended Terms"). This Agreement may be extended for one (1) additional year upon mutual agreement by both parties. In all other respects, the original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 3 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA a California municipal Corporation and charter city f J,QN-M MILLEN, City Manager 'City of La Quinta, California DATED: ATTEST: MONIKA RADEVAI City CI City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California OCEAN SPRINGS TECH, INC. Armando Rodriquez President DATED: / /pc-sa 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 Three Hundred and Thirty -Two Thousand and Seven -Hundred and Ninety -Six Dollars ($332,796) ("Contract Sum"), as listed below in detail. 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. Initial Term (September 1, 2020 — June 30, 2021) $65,100 Extended Term (July1, 2021 — June 30, 2022, Amendment 1) $82,026 Extended Term (July 1, 2022 — June 30, 2023, Amendment 2) $87,768 Extended Term (July 1, 2023 — June 30, 2024, Amendment 3) $97,902 Total not to exceed amount: $332,796 CONTRACT SUMMATION DESCRIPTION FRITZ BURNS PARK 78080 FRANCES HACK LANE ANNUAL PRICE POOL — Service 7 Days per Week Including CAT500 Monitoring $72,988 LA QUINTA PARK 79120 BLACK HAWK WAY SPLASH PAD WATER FEATURE Service 7 Days Per Week $24,914 Total: $97,902 DESCRIPTION FRITZ BURNS PARK 78080 FRANCES HACK LANE ANNUAL PRICE POOL — Service 3 Days per Week $29,671 LA QUINTA PARK 79120 BLACK HAWK WAY SPLASH PAD WATER FEATURE Service 3 Days Per week $11,318 Total: $40,989 CONSENT CALENDAR ITEM NO. 11 City of La Quinta CITY COUNCIL MEETING: June 6, 2023 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES WITH OCEAN SPRINGS TECH, INC, FOR POOL AND WATER FEATURE MAINTENANCE SERVICES PROJECT NO. 2020-11, FOR A ONE-YEAR TERM EXTENSION AND RELATED COMPENSATION RECOMMENDATION Approve Amendment No. 3 to the Agreement for Contract Services with Ocean Springs Tech, Inc. for a one-year term extension and compensation of $97,902 for fiscal year 2023/24 to provide pool and water feature maintenance services; and authorize the City Manager to execute the Agreement. EXECUTIVE SUMMARY • The City contracts pool and water feature maintenance services (maintenance services) for its pool and water feature. • Ocean Springs Tech, Inc. (Ocean Springs) has provided pool and splash pad maintenance services since 2020, following a request for qualifications and proposals. • Amendment No. 3 proposes the third one-year term extension, a 7% increase of $6,144 in compensation, and an increase of $1,112 for the enlarged splash pad; and $2,880 for CAT500 monitoring services for Fritz Burns pool, for a total not to exceed amount of $97,902 for fiscal year (FY) 2023/24. FISCAL IMPACT Total maintenance services costs for FY 2023/24 are $97,902, which includes a 7% compensation increase of $6,142; $1,112 for the enlarged splash pad, and $2,880 for CAT500 monitoring of the Fritz Burns pool. 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 preliminary proposed FY 2023/24 City operating budget. FY Terms FY Total Compensation Initial Contract (10 months — Sept. 2020 — June 2021) 2020/21 $ 65,100 Amendment No. 1 2021/22 $ 82,026 Amendment No. 2 2022/23 $ 87,768 Amendment No. 3 2023/24 $ 97,902 149 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 June 15, 2020, a request for qualifications and proposals was advertised to provide pool and splash pad maintenance services. Two proposals were received; the contract was awarded to Ocean Springs based on their qualifications. In May 2021, the City executed Amendment No. 1 which proposed a one-year term extension and a 5% increase for FY 2021/22. In May 2022, the City executed Amendment No. 2 which proposed a one-year term extension and a 7% increase for FY 2022/23. Amendment No. 3 proposes a one-year term extension and a 7% increase of $6,142, and $1,112 for increased maintenance and chemicals for the enlarged splash pad, and $2,880 for CAT500 monitoring for the Fritz Burns pool, for a total not to increase amount of $97,902 for FY 2023/24, which budgets for services seven days per week for 12 months. ALTERNATIVES Council may direct staff to prepare new bid documents and specifications to advertise for Citywide Pool & Water Feature Maintenance services. However, that would 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. 3 150