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2025-26 DRD - Fritz Burns Pool Management - Amend 1 - Relocation to Pawley CtrMEMORANDUM DATE: 10/13/2025 TO: Jon McMillen, City Manager FROM: Michael Calderon, Senior Management Analyst Cv Q"&a CALIFORNIA RE: Amendment No. 1 to Contract Services Agreement with Desert Recreation District for Fritz Burns Pool Operations. Please list the Contracting Party / Vendor Name, 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 September 16, 2025 - C15; Pulled as B4 .❑ .❑ NOTE. City Manager's signing authority provided under the City's Purchasing & Contracting Policy [Resolution No. 2023-008] for budget expenditures of $50,000 or less. City Manager's signing authority provided under the City's Personnel Policy Section 3.2 for temporary employment positions. 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): Bid ❑ RFP ❑ RFQ ❑ 3 written informal bids Sole Source 7 Select Source F-1 Cooperative Procurement Requesting department shall check and attach the items below as appropriate, Agreement payment will be charged to Account No.: 101-3003-60184 Agreement term: Start Date July 1, 2024 Amount of Agreement, Amendment, Change Order, etc End Date $1,214,554 June 30, 2026 z. Signing authorities listed above are applicable on the acrgregate Agreement amount, not individual Amendments or Change Orders! Insurance certificates as required by the Agreement for Risk Manager approval Approved by: N/A - Member of JPIA Date: 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 700 is required pursuant FPPC regulation 18701(2) Business License No. In Progress Expires: Requisition for a Purchase Order has been prepared (Agreements over $5,000) AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH DESERT RECREATION DISTRICT (CONTRACTING PARTY) This Amendment No. 1 ("Amendment 1") to Agreement for Contract Services ("Agreement") is made and entered into as of the 10 day of September, 2025, ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and DESERT RECREATION DISTRICT (Contracting Party). RECITALS WHEREAS, on or about July 1, 2024, the City and Contracting Party entered into an Agreement to provide pool management services at Fritz Burns Pool, for a total not to exceed amount of $1,092,649 for the life of the Agreement, encompassing the Initial and any Extended terms. The term of the Agreement expires on June 30, 2026 ("Initial Term"); and WHEREAS, City and Contracting Party mutually agree to amend Section 1.1 Scope of Services and related Exhibit A of the Agreement to include the temporary relocation of Fritz Burns Pool programs to Pawley Pool Family Aquatic Complex from November 1, 2025, through May 31, 2026, during construction of improvements at Fritz Burns Park; and WHEREAS, the City and Contracting Party mutually agree to amend Section 2.1 Contract Sum and related Exhibit B of the Agreement to increase compensation by $121,905, for a total not to exceed amount of $1,214,554 due to additional costs for the relocation of programming, increased staff time, equipment use, and preparation of the facility as detailed in Exhibit B. 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: Section 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide services related to management and operations of Fritz Burns Pool, as specified in the "Scope of Services" attached hereto as "Exhibit A" and incorporated herein by this reference (the "Services"). Contracting Party represents 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: Section 2.1 — Contract Sum. For the services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in a total amount not to exceed One Million Two Hundred Fourteen Thousand Five Hundred Fifty Four ($1,214,554) for the life of the Agreement, encompassing the Initial and Extended Terms, (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. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if 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. "Exhibit A" — Scope of Services is amended as listed in the "Exhibit A," attached hereto and incorporated herein by this reference. 4. "Exhibit B — Schedule of Compensation is amended as listed in "Exhibit B," attached hereto and incorporated herein by this reference. In all other respects, the original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Contracting Party have executed this Amendment No. 1 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation 41 dleN McMILLEN, City Manager City of La Quinta, California I W1NOSTM Me ATTEST: MONIKA RADE A, Cit lerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California DESERT RECREATION DISTRICT a California Special District 7 GABRIEL MARTIN, G.M. Desert Recreation District Dated: G1 2l� 2025 Exhibit A Scope of Services Contracting Party agrees to manage and operate the Fritz Burns Pool which includes the following responsibilities: • Provide pool management and operations for Fritz Burns Pool located at 78060 Francis Hack Lane, including but not limited to, marketing and programming. • Temporarily relocate Fritz Burns Pool programs to Pawley Pool Family Aquatic Complex located at 46350 Jackson, St., Indio, CA 92201 during construction at Fritz Burns Park from November 1, 2025, to May 30, 2026. • DRD shall track monthly program attendance at Pawley Pool and provide written reports of attendance figures to the City at the end of each month. If reported monthly attendance falls below fifty percent (50%) of the average monthly program attendance previously recorded at the Fritz Burns Pool, the City Council reserves the right, at its sole discretion, to suspend or discontinue such programs until the Fritz Burns Pool resumes operations. • Embody high quality standards, emphasize excellent customer services, and have ability to maintain consistently high standards while managing and operating Fritz Burns Pool. • 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. • Hire lifeguards and provide the required trainings, uniforms, and supplies. • Offer a variety of *programs including but not limited to Lap Swim, Senior Splash, Aqua Fit, Water Aerobics, Youth Swim lessons (Attachment 1) and hire a pool manager to provide direct supervision of Desert Recreation (DRD) team members. *Programs subject to change pending City approval. • Adhere to operating hours as described in proposal (Attachment 1). Hours of operation are subject to change based on weather conditions, maintenance, etc., pending City approval. • Make arrangements to accept applicable health insurance plans for payment of aquatic classes when participation in a class is for medical aquatic physical therapy treatment (prescribed therapeutic exercise). In order for class participants to submit health insurance plan for payment, they must provide a current prescription from their doctor for physical therapy. The prescription needs to include a valid diagnosis and the frequency/duration of treatment. If health insurance company does not cover the expenses, participant will be responsible for full class payment. • All services provided by the Contracting Party must be performed to the highest industry standards and compliant with all applicable local, county, state and federal laws. • Contracting Party represents and warrants that the Scope of Services under this Agreement are for pool operations only. No construction, pre -construction, alteration, demolition, installation, repair, or maintenance work on the pool will be done under this agreement. 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 One Million Two Hundred Fourteen Thousand Five Hundred Fifty Four ($1,214,554) for the life of the Agreement, encompassing the Initial and any Extended terms ("Contract Sum"), as detailed in the table below, except as provided in Section 1.7. The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in the amount identified in the monthly submitted invoice. 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. The net difference of pool operations minus pool program revenues will determine the monthly cost of DRD's charges to the City. The Contract Sum to paid as follows: Option 1 — 12-Month Full Operations Fiscal Year Cost 2024/25 $253,508 2025/26 includes 5% increase $266,183 Temporary Relocation to Pawley Pool $121,905 Initial Term Total: $641,596 Optional 2-Year Term Extension 2026/27 (includes 5% increase) $279,492 2027/28 includes 5% increase $293,466 Extended Two -Year Term Total: $572,958 Grand Total: $1,214,554 ATTACHMENT 1 Date: May 8, 2024 To: Christina Calderon, Community Services Deputy Director From: Maureen Archuleta, Community Services Supervisor Subject: Swim & Water services at Fritz Burns Pool CC: Barb Adair, Assistant General Manager Our vision is that through a community collaborative approach, Desert Recreation District will provide quality, barrier - free, and safe recreational activities. These activities will 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 proposal 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 on the attached proposal, Desert Recreation District has provided you with projected expense details. It is essential to provide the city with data driven options that affect the fiscal impact of the operations of Fritz Burns Pool. As we continue to track data on user trends, peak times, and program statistics, we feel it is our responsibility to provide the city with operational alternatives. It is difficult for municipalities to balance their budgets when the increase in user expectation is high, and we continue to face budget constraints. We have included Option (1) 12-month full operation (100 cost -recovery of FT Aquatic Specialist year 6 of agreement direct cost); Option (2) reduced 12-month operation (85% cost -recovery of Aquatic Specialist 15% absorbed DRD); Option (3) 9-month operation (75% cost -recovery of Aquatic Specialist 25% absorbed DRD) for your review and consideration. Per the 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, ensuring all residents have a reasonable opportunity to participate in recreation. For the development of the appropriate fee, the following three distinct categories of programming have been established: Full Subsidy, Merit Pricing, and Full Cost Recovery. This proposal falls into the Full Cost Recovery category. Programs in this category are intended to respond to the expressed need of the consumer for a particular recreation service. In setting prices for these services, the intent is to price the activity competitively within the local market and to recover all direct and indirect costs associated with said services. Direct costs include direct program staff, materials and supplies, and immediate administrative overhead (Aquatics Specialist). Indirect costs include administrative overhead and facility use surcharge and shall be calculated at 15% of direct cost. Programming will allow for diverse service offerings and activities, including swim lessons, recreational swimming, adaptive swim programs, competitive swim team use, Master Swim Club, drop -in lap swimming, scheduled neighborhood summer camps, water aerobics classes -addition of tidal wave aquatic fit in pool bikes, and other community pool rentals. Other aquatic -related community services will include training for First Aid, CPR and Lifeguard/Instructor, as well as other community outreach programs to expand the benefits of participation in aquatics and water safety. We are also introducing a new Annual Aquatic Membership. Desert Recreation District (DRD), as well as Desert Recreation Foundation (DRF) contribute indirectly (which is not part of the fiscal impact to this agreement), donated scholarships that will benefit the La Quinta community. Staffing and Management Desert Recreation District's Organizational Structure: Community Services Supervisor Aquatic Coordinator Aquatic Specialist Pool Managers Lifeguards/Instructors Pool Cashiers Community Services Supervisor The Community Services Supervisor is responsible for planning, coordinating, implementing, and conducting a variety of recreation and leisure programs and services to various communities within a designated geographic region. Fosters cooperative working relationships with various public, private, and community groups across geographic regions; provides professional staff support to recreation and aquatics team relative to the assigned area(s) of responsibility. Aquatic Coordinator The Aquatic Coordinator is a full supervisory -level class position which is responsible for overseeing all aquatic and swim staff at Districtwide aquatic facilities. Plans, schedules, supervises, and participates in the work of staff responsible for the direct delivery of aquatic and swim programs and services districtwide, coordinates facility operations across multiple sites as well as preparing and maintaining accurate records. The Aquatic Coordinator is responsible for monitoring staff time and attendance and supervising all money handling procedures districtwide. The Aquatic Coordinator ensures that programs, equipment, facilities, and supplies are in working condition and meet all health and safety standards. Aquatics Specialist The Aquatic Specialist has the overall responsibility for the management of the entire onsite aquatic and swimming staff. The Aquatic Specialist will organize and supervise a comprehensive aquatics program for the community which includes the development and management of swim lessons, community programs, managing pool schedules of lifeguards, swim instructors and swim aides; develop a comprehensive and evolving staff training curriculum and lead aquatic staff trainings. Qualifications for the Aquatics Specialist would include previous experience managing similar aquatic programs and operational duties with appropriate certifications (i.e. - Certified Pool Operator, Water Safety Instructor Trainer, Lifeguard Training, CPR and First Aid). The Aquatics Specialist is responsible for hiring, developing, and training the aquatic team. The Aquatic Specialist will function as the liaison between the City of La Quinta and the Desert Recreation District. Pool Manager The Pool Manager is responsible for leading and supervising a group of lifeguards in the day-to-day activities and responsibilities and is characterized by having leadership qualities in the performance of general lifeguard and instructor duties (anticipating, recognizing, and managing aquatic emergencies; leading by example; exhibiting responsibility and reliability). Qualifications would include similar responsibilities with all the appropriate certifications (i.e. - Water Safety Instructor, Lifeguard training, CPR and First Aid). lifeguards/Instructors Lifeguards/Instructors are responsible for the safety of participants. They must be properly certified and trained by established organizations. Lifeguards/Instructors ensure initiative -taking and expeditious accident prevention and response and perform general lifeguard/instructor functions. Lifeguards/Instructors also provide first responder medical emergency services to water and other aquatic facility emergencies. Qualifications would include similar responsibilities with all the appropriate certifications (i.e. - Water Safety Instructor, Lifeguard training, CPR and First Aid). Cashier The Cashier/Reception is responsible for direct customer service, answering basic programming questions and inquiries. The Cashier/Receptionist is also solely responsible for the collection of fees as it relates to programs and services, and for enforcing rules and regulations of pool safety as well as promoting an open and welcoming community atmosphere. Staff Ratios Staff ratios are determined by program and by the number of participants. For swim lessons, The District typically maintains a participant to instructor ratio of 7:1. The District ensures compliance with all aquatic governing bodies as it relates to the safety and surveillance of the pools. Risk Management Desert Recreation District maintains the highest standard in Aquatic Risk Management and shall take all the necessary steps to provide effective risk management planning and minimize liability. Desert Recreation District has a comprehensive Emergency Action Plan & Procedures, manuals, waivers, policies, training records, audits, evaluations, and risk information available to the public. Option 1: 12 Month Full Operation Proposed Site: Fritz Burns Pool 78107 Avenue 52, La Quinta, CA 92253 Proposed Services: * depending upon City selected service plan. • Lap Swim / Open Swim • Senior Splash • Water Aerobics • Adult Swim lessons • Free Swim days - Friday, June 14, 5-9 pm Community Swim - Thursday, July 4th Veterans swim free - Saturday May 251h, June 29th, July 271h & August 31'Y Water Safety presentation • Dive —In Movies - June 21" - July 19th - Aug 9th • Youth, swim lessons (offered in summer months) • Worlds' Largest Swim Lesson June 20th 7pm — 9pm • Infant, and Pre -School Ready Set Swim Jr. swim lessons year-round • Seasonal Community Splash Parties - Saturday, September 14th,1-3pm Mermaid Splash Party - Saturday, October 26th, 3-5pm Floating Pumpkin Patch * - Saturday, December 14th, 1-3pm pm Poolside with Santa - Saturday, March 8th, 2-4pm Pirate Splash Party • A Pool Manager to provide direct supervision of DRD team members. • Swim Party Rentals • Adaptive Splash Play • Lifeguard Training Extended programming & services • Spring Teen Friday Night Live Pool party. • Ready Set Swim 3rd Grade Program Operating Dates: July 1, 2024—June 30, 2025 Proposed Operating Hours: * option 1- depending upon City selected service plan. June, July, Aug, Sep: Monday - Thursday 9 am —8pm / Friday & Saturday 8 am — 2 pm & 4-9 pm Oct, Nov, Dec: Monday - Thursday 9 am —1 pm Jan, Feb, March, April, May: Monday - Thursday 9 am —1 pm / Saturday 8 am-1 pm Compensation for Services: The city agrees to reimburse Desert Recreation District (provider) one hundred percent (100%) of the net operating costs as reflected in the Aquatic Program Service Account Detail. The proposal amount of two hundred fifty-three thousand five hundred eight dollars fifty-six cents. ($253,508.56) is an estimate based on the projected expenses and revenues. Direct costs will increase at an annual rate of 2.5% - 5.0% based on market conditions. DESERT RECREATION DISTRICT Aquatic program service account detail Option 1 12 Month Full Operation Direct Costs Estimated Totals Aquatics Specialist FT salary & benefit load $87,549.89 Pool managers Operations $41,253.16 Pool Manager's Rentals $634.16 Lifeguards Open Swim $143,031.64 Lifeguards Rentals $1,653.60 Swim Instructors $45,867.12 Fitness Instructors (Senior Splash) $6,987.64 Fitness Instructors (Water Aerobics) $8,028.56 Pool Cashier $9,706.26 Subtotal Staffing & Part Time Salaries $344,712.03 Materials & supplies-i.e., M&S for annual special events $2,475.00 Uniforms- i.e., staff lifeguard annual uniforms $1,390.00 Special Fees- i.e., Active Net program fees $3,926.53 Communication- i.e., Wad, required emergency cell phone $1,200.00 Fleet Vehicles- i.e., transportation/equip. Special Events $300.00 General Services -i.e., Marketing Signage $825.00 Minor Equipment- i.e., long -life teaching equipment $1,000.00 Office Supplies- i.e., AMR certification supplies & misc. $1,600.00 Computer & Office Equipment- i.e., Desktop systems for program registration & landline telephone services $1,400.00 Travel & Professional Development-i.e., Certs for water aerobics, water fitness instruction, American Red Cross certs. $1,500.00 Subtotal Materials & Equipment $15,616.53 TOTAL DIRECT COST $360,328.56 (Administrative Overhead 15% of Direct Costs) & Indirect Costs Absorbed by DRD Estimated Totals Community Services Supervisor ($8,420.14) Aquatics Coordinator ($8,019.18) Marketing & Advertising ($3,300.50) Donated Scholarships & DRD Grant Funded Awards benefits to LQ Residents from Operation Splash, First 5 Riverside, Foundation Support ($24,910.00) TOTAL INDIRECT INKIND COSTS ($44,649.82) Projected Revenue Estimated Totals Open/Lap Swim $14,250.00 Pool Rentals $2,520.00 Fitness Classes $28,550.00 Youth Lessons $24,500.00 Donated Registration $12,000.00 Introduction of Annual Aquatic Memberships $25,000.00 TOTAL PROJECTED REVENUE $106,820.00 Projected Costs Estimated Totals Total Direct Expenses $360,328.56 Total INKIND DRD Revenue ($44,649.82) Total Revenue -$106,820.00 NET OPERATING COST $253,508.56 City of La Quinta CITY COUNCIL MEETING: September 16, 2025 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH DESERT RECREATION DISTRICT TO TEMPORARILY RELOCATE FRITZ BURNS POOL PROGRAMS TO PAWLEY POOL FAMILY AQUATIC COMPLEX RECOMMENDATION Approve Amendment No. 1 to Agreement for Contract Services with Desert Recreation District to temporarily relocate Fritz Burns pool programs to Pawley Pool Family Aquatic Complex; and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY On May 21, 2024, Desert Recreation District (DRD) was awarded a contract for year-round management and operations of the Fritz Burns Pool (Pool). Pool programs will be impacted by the Fritz Burns Park Improvement Project No. 2021-02 (Project) beginning November 1, 2025, and concluding May 31, 2026. The proposed Amendment No. 1 (Attachment 1) allows DRD to temporarily relocate the Fritz Burns pool programs to Pawley Pool Family Aquatic Complex (Complex) for the duration of the Project and allocates funding to cover the additional costs of organizing programs and maintenance at the Complex. FISCAL IMPACT Relocating the Pool programs to the Complex will result in additional expenditures for fiscal year (FY) 2025-26 due to an increase in janitorial staffing and maintenance. The anticipated increase in expenditures is approximately $17,415 per month as detailed in the table below, for a total of 7 months, from November 1, 2025, to May 31, 2026. Staff Salaries & Travel $2,300 Utilities (water, electricity, gas) $6,355 Chemicals (chlorine, acid, alkaline) $7,930 5% Contingency $830 Total Monthly Cost $17,415 Total Cost for 7 Months of Operations $121,905 193 CONSENT CALENDAR ITEM NO. 15 PULLED FROM CONSENT CALENDAR AND CONSIDERED AS BUSINESS SESSION ITEM NO. 4 The additional cost will be applied to the overall contract for Pool operations for FY 2025- 26. Relocating pool programs will create additional staffing, utilities, and maintenance costs; however, the City will offset a significant portion of these expenses by using funds that would have been used for the maintenance contractor for the Pool, which will not be maintained during the Project construction. The amended contract sum to the agreement with DRD will increase from $1,092,649 to a not to exceed amount of $1,214,554. Funding will be budgeted in the Pool Programming Account No. 101-3003-60184. BACKGROUND/ANALYSIS On May 21, 2024, DRD was awarded a contract for year-round management and operations of the Pool, comprised of the facilitation of youth and adult swim programs including water aerobics, swim lessons, movies, and events. Starting in September 2025, significant improvements are planned for Fritz Burns Park as part of a comprehensive master plan, approved by Council in September 2023. This multi-phased Project addresses priorities identified by the community and will result in enhancements to the pool and its amenities, including a new water playground, expanded pool deck with shade and seating, and an upgraded pool equipment area. The improvements are designed to better serve residents and support recreational programming. Pool construction will begin November 1, 2025, and continue through May 31, 2026, during which time Pool operations will be suspended.. In order to continue offering aquatic programs during this period, staff proposes temporarily relocating all Pool activities and programming to the Pawley Pool Family Aquatic Complex in Indio, California. This temporary move will allow uninterrupted access to swimming lessons and other aquatics- based services. ALTERNATIVES Council may elect to modify and/or deny approval of the proposed Amendment No. 1; however, this would interrupt pool services and programs for the duration of the Project. Prepared by: Michael Calderon, Community Services Senior Management Analyst Approved by: Christina Calderon, Community Services Deputy Director Attachment: 1. Desert Recreation District Amendment No. 1 194