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2024-25 Ocean Springs Tech - Amendment 4 - Fritz Burns Pool & LQ Park Splash Pad Maint Project 2020-11MEMORANDUM Qa4(t(4i U]I ORN1.1 DATE: June 5, 2024 _ TO: Jon McMillen, City Manager FROM: Dianne Hansen, Maintenance & Operations Superintendent RE: Ocean Springs Tech, Inc. - Amendment 4 - Pool & Water Feature Maintenance Services 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: JVJ_ Approved by City Council on June 4, 2024 Consent No. 5 .a City Manager's signing authority provided under the City's Purchasing Policy [Resolution No. 2023-008] 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. 2023-008] for budget expenditures of $15,000 and $5,000, respectively, or less. Procurement Method (one must apply): .Q Bid ❑✓ RFP 0 RFQ _❑. 3 written informal bids QSole Source F] Select Source 1-1 Cooperative Procurement Reauestina deuartment shall check and attach the items below as aunrouriate: ✓ Agreement payment will be charged to Account No.: 101-3005-60184 & 101-3005-60554 ✓� Agreement term: Start Date July 1, 2024 _ End Date June 30, 2025 QAmount of Agreement, Amendment, Change Order, etc.: $ 110,886 REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount, not individual Amendments or Change Orders! L� El NOTE: a .a Insurance certificates as required by the Agreement for Risk Manager approval Approved by: Oscar Mojica Date: 6/5/2024 Bonds (originals) as required by the Agreement (Performance, Payment, etc.) Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form required pursuant FPPC regulation 18701(2) Business License No. LIC -0003608 Expires: 4/30/2024 Requisition for a Purchase Order has been prepared (Agreements over $5,000) 700 is AMENDMENT NO. 4 TO AGREEMENT WITH OCEAN SPRINGS TECH, INC. PROJECT NO. 2020-11 This Amendment No. 4 ("Amendment No. 4") to the Contract Services Agreement ("Agreement") is made and entered into as of the 1St day of July 2024 ("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 July 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 $82,060, 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, on or about July 1, 2023, the City and Contracting Party executed Amendment No. 3 for a one-year term extension, from July 1, 2023 through June 30, 2024 ("Extended Term"), and a 7% increase in compensation for fiscal year 2022/23 in the amount of $97,904, approved by Council on June 6, 2023. WHEREAS, the City and Contracting Party mutually agree to extend the term of the Agreement for the fourth and final one-year extension in accordance with Section 3.4 - Term, from July 1, 2024 to June 30, 2025 ("Extended Term"). WHEREAS, City and Contracting Party mutually agree to amend Section 2.1 — Contract Sum of the Agreement by an additional amount of $110,886 for monthly maintenance seven days per week for fiscal year 2024/25, which includes a 5% increase of $8,566 and $4,416 for monthly maintenance of calcium removal and cleaning the water toy spray nozzles at the splash pad in La Quinta Park, for a total not to exceed Agreement amount of $443,684; 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: Section 2.1: Contract Sum is amended by up to an additional $110,886, for a total not to exceed amount of $443,684 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 (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) $97,904 Extended Term (July 1, 2024 — June 30, 2025, Amendment 4) $110,886 Total not to exceed amount: $443,684 2. Section 3.4; Term, is extended for one additional year from July 1, 2024, to June 30, 2025 ("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; and via Amendment No. 3 from July 1, 2023 through June 30, 2024 ("Extended Terms"). Amendment No. 4 is the final Amendment and shall extend the term of this Agreement from July 1, 2024 through June 30, 2025 ("Extended Terms"). In all other respects, the original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Contracting Party have executed this Amendment No. 4 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA OCEAN SPRINGS TECH, INC a California municipal corporation SIGNED IN COUNTERPART JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: SIGNED IN COUNTERPART MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: SIGNED IN COUNTERPART WILLIAM H. IHRKE, City Attorney City of La Quinta, California ARMANDO RODRIGUEZ President Dated: } k' IN WITNESS WHEREOF, the City and Contracting Party have executed this Amendment No. 4 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation JON Mc EN, City Manager .Cf of La Quinta, California Dated: ID 2oZ,-4� ATTEST: / / /) 1/z . j xwv�bn— MONIKA RADEV , Cit Jerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKEE, City Attorney City of La Quinta, California OCEAN SPRINGS TECH, INC SIGNED IN COUNTERPART ARMANDO RODRIGUEZ, President Dated: Dated: 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 Four -Hundred and Forty -Three Thousand and Six -Hundred and Eighty -Four Dollars ($443,684) ("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 (July 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) $97,904 Extended Term (July 1, 2024 — June 30, 2025, Amendment 4) $110,886 Total not to exceed amount: $443,684 CONTRACT SUMMATION DESCRIPTION ANNUAL PRICE FRITZ BURNS PARK 78080 FRANCES HACK LANE POOL — Service 7 Days per Week $76,633 Including CAT500 Monitoring LA QUINTA PARK 79120 BLACK HAWK WAY $16,665 SPLASH PAD WATER FEATURE $34,253 Service 7 Days Per Week $47,825 Total: $110,886 DESCRIPTION ANNUAL PRICE FRITZ BURNS PARK 78080 FRANCES HACK LANE POOL — Service 3 Days per Week $31,160 LA QUINTA PARK 79120 BLACK HAWK WAY SPLASH PAD WATER FEATURE $16,665 Service 3 Days Per week Total: $47,825 City of La Quinta CITY COUNCIL MEETING: June 4, 2024 STAFF REPORT CONSENT CALENDAR ITEM NO. 5 AGENDA TITLE: APPROVE AMENDMENT NO. 4 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. 4 to the 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; and authorize the City Manager to execute the Agreement. EXECUTIVE SUMMARY • The City has contracted Ocean Springs Tech, Inc. (Ocean Springs) for pool and water feature maintenance services (maintenance services) since 2020, for the Fritz Burns Park pool and La Quinta Park splash pad water feature. • Amendment No. 4 proposes the fourth and final one-year term extension, a 5% increase of $8,566 in compensation, and an increase of $4,416 for additional water toy maintenance; for a total not to exceed amount of $110,886 for fiscal year (FY) 2024/25. FISCAL IMPACT Total maintenance services costs for FY 2024/25 are $110,886, which includes a 5% compensation increase of $8,566; and $4,416 for additional water toy maintenance. The annual cost is allocated between funds for Fritz Burns Pool Maintenance (101-3005- 60184) and the La Quinta Park Water Feature (101-3005-60554). These costs are currently included within the preliminary proposed FY 2024/25 City operating budget. 123 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 Amendment No. 4 2024/25 $ 110,886 123 BACKGROUND/ANALYSIS Maintenance services for the pool located at Fritz Burns Park, and splash pad at La Quinta Park, are typically provided seven days per week during the season and three days 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 5% increase for FY 2021/22. In May 2022, the City executed Amendment No. 2 which proposed a one-year term extension and 7% increase for FY 2022/23. In May 2023, the City executed Amendment No. 3 which proposed a one-year term extension and 7% increase for FY 2023/24. Amendment No. 4 proposes the fourth and final one-year term extension, a 5% increase of $8,566 and $4,416 for cleaning spray nozzles and calcium buildup on the water toys at the splash pad. The increased amount of $110,886 for FY 2024/25 is budgeted 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, Maintenance & Operations Superintendent Approved by: Bryan McKinney, Public Works/Engineering Director Attachment: 1. Amendment No. 4 to Agreement for Contract Services 124