HomeMy WebLinkAbout12 C36623 - Family YMCA - Extension of Professional SvcsCONTRACT NO. C36620
STAFF REPORT
CITY OF PALM DESERT
DEVELOPMENT SERVICES DEPARTMENT
MEETING DATE: May 13, 2021
PREPARED BY: Jennifer Nelson, Management Analyst
REQUEST: Request for approval to extend Contact No. C36620 for Professional
Services to the Family YMCA of the Desert, Palm Desert, California,
for one year of management and staffing at the Palm Desert Aquatic
Center in the amount of $165,000 plus reimbursement of additional
costs included in agreement.
Recommendation
By Minute Motion:
1. Extend Contract No. C36620 for professional services to the Family YMCA
of the Desert (“YMCA”), Palm Desert, California, for management and
staffing of the Palm Desert Aquatic Center, effective July 1, 2021 to June
30, 2022; and
2. Authorize the Mayor to execute the contract extension.
If the above actions are approved, funds are available in the following accounts:
Aquatic Contracted Labor Account No. 2424549-4802101
Prof - Other Account No. 2424549-4309000
Prof – Other, Admin Expenses Account No. 2424549-4309300
COGS - Food & Merchandise Account No. 2424549-4801100
Strategic Plan
High quality facility management and staffing at the Palm Desert Aquatic Center (PDAC)
sustains one of the City’s premier recreational facilities. The proposed action will further
the goals of the Strategic Plan by providing pervasive recreation opportunities for
residents and visitors.
Background Analysis
The YMCA was awarded the original contract for management of the facility when it
opened in 2011. In January 2018, the City issued a Request for Proposals for
management of the Aquatic Center. A competitive bidding process was conducted
May 13 , 2021 -Staff Report
Award Contract No . C36620 for Professional Services to Family YMCA of the Desert
Page 2 of 2
resulting with the YMCA of the Desert again being awarded the contract. The term of the
current contract with the YMCA ends June 30 , 2021 with the option to renew every year
until June 30 , 2023 .
Since the opening of the facility the YMCA has done an outstanding job managing and
operating the facility on behalf of the City . The YMCA has continued its dedication to
operating a safe facility , providing a community oriented management philosophy , and
maintaining the facility in excellent condition , even during a pandemic . The City and
YMCA staff have created a very good working relationship and desire to continue the
partnership for another year.
Based on these factors , staff is recommending that the City continue its relationship with
the YMCA as operator of the Aquatic Center and extend Contract No . C36620 for the
third of four possible extensions .
Fisca l Analysis
The YMCA is not requesting any increase in its management fee as approved in the
original 2018/2019 contract. The total management fee will remain at $165 ,000.00
annually and paid over a 12-month period at $13 ,750 .00 per month . The costs included
in this renewal contract and all associated reimbursement costs are included in the
proposed 2021 /2022 budget.
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT
CITY MANAGER
N/A &'Zk eeja 9(!11,,n,6( '111 . '1110 0,u,
.Jlnay J'ires t ine
Eric Ceja Janet M. Moore Robert W. Hargreaves Interim Director of Di rector of Finance Andy Firestine
City Attorney Development Services Assistant City Man ag e r
City Manager, L. Todd Hil eman : L. Toolol HiLeV\,tGIV\,
VENDOR: YMCA of the Desert
43 -930 San Pablo Ave.
Palm Desert , CA 92260
ATTACHMENTS : Original Executed Agreement
Amendment No . 3 CITY COUNCJL.A,,CTION
APPROVED __ V _____ DENIED _____ _
RECEIVED OTHER ------
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ABSENT: _N .... ·"";J)n~e~;;-----------
ABSTAIN: \SJ 0n£
VERIFIED nv: A&s / s r5
Original on File with City Clerk's Office ...... , . . ... .
CONTRACT NO. C36620
AGREEMENT
THIS AGREEMENT, made and entered into this 10th day of May, 2018, by and
between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to
as "CITY" and FAMILY YMCA OF THE DESERT, hereinafter referred to as
"CONSULTANT".
WITNESSETH:
WHEREAS, CONSULTANT is a corporation, the principal members of which are
Professional CONSULTANTS duly registered under the laws of the State of California;
and
WHEREAS, CITY desires to engage CONSULTANT to render certain technical
and professional services as set forth in Exhibit "A" (CONSULTANT'S Proposaf of
Services) in connection with the management and operation of the City of Palm Desert
Aquatic Center, Exhibit "B" (Request far Proposal for Contract No. C36620 issued
January 10, 2018), and within the financial constraints of the Palm Desert Aquatic Center
Prograrn Budget as set forth in Exhibit "C" (as may be amended from year to year by the
City Council through the annual budget process). Exhibit A, Exhibit B, and Exhibit C are
all attached hereto and by reference incorporated herein and made a part hereof. :
NOW, THEREFORE, the parties hereto agree as follows:
(1) TERM:
(1.1) The term of this Agreement shall commence on July 1, 2018
("Commencement Date") and continue through June 30, 2019 ('Termination Date").
CONTRACT NO. C36620
(1.2) The CITY, at its option, may extend the term of this Agreement for up to four
(4) one-year contract extensions based on CONSULTANT'S performance and mutual
agreement. In the event of the exercise of such option by the CITY, all other terms of
this Agreement shall remain the same, except for the new Termination Date, as agreed
to by the Parties.
(2) CITY hereby agrees to engage CONSULTANT to perform the
technical and/or professional services as hereinafter set forth.
(3} CONSULTANT shall perform al{ work necessary within the
schedules provided herein to complete the services set forth in Exhibit "A" attached hereto
and by reference incorporated herein and made a part hereof.
(4) All information, data, reports and records and maps as are existing
and avaifable from the CITY and necessary for the carryings out of the work outlined in
Exhibit "A" hereof shall be furnished to CONSULTANT without charge by CITY and CITY
shall cooperate in every way reasonable in the carrying out of the work without delay.
CONSULTANT agrees to work closely with City staff in the performance of services and
shall be available to City's staff, consultants and other staff at all reasonable times.
(5) CONSULTANT represents that, it employs or will employ at its own
expense, all personnel required in performing the services under this Agreement.
CONSULTANT certifies that it is aware of the provisions of Section 3700 of the California
Labor Code which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions of that
Code, and agrees to comply with such provisions before commencing the performance
CONTRACT NO. C36620
of the services. CONSULTANT verifies that it fully complies with all requirements and
restrictions of state and federal law respecting the employment of undocumented aliens,
including, but not limited to, the Immigration Reform and Control Act of 1986, as may be
amended from time to time.
(6) All of the services required hereunder will be performed by
CONSULTANT or under its direct supervision, and all personnel engaged in the work
shall be qualiiied and shall be authorized or permitted under state and local {aw to pertorm
such services. CONSULTANT shall perform all services under this Agreement in a skillful
and competent manner, consistent with the standards generally recognized as being
employed by professionals in the same discipline in the State of Califomia.
CONSULTANT represents and maintains that it is skilled in the professional calling
necessary to perform the services. CONSULTANT warrants that all employees and
subconsultants shall have sufficient skill and experience to perform the services assigned
to them. As provided for in the indemnification provisions of this Agreement,
CONSULTANT shall perform, at its own cost and expense and without reimbursement
from the City, any services necessary to correct errors or omissions which are caused by
the CONSULTANT's failure to comply with the standard of care provided for herein. Any
employee of the CONSULTANT or its sub-consultants who is determined by the City to
be uncooperative, incompetent, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the services in a manner acceptable to the City,
shall be promptly removed by the CONSULTANT and shall not be re-employed to
perform any of the services.
c:ONTRACT NO. C36620
(7) The execution of this Agreement by the parties hereto does not
constitute an authorization to proceed. CITY's Director of Community Development has
not authorized CONSULTANT to proceed.
(8) Designee of the City: Until such time as CONSULTANT shall have
received written notice to the contrary, the "designee of the City: as that term is used
herein, shall be the City Manager.
(9) The CONSULTANT warrants that he has not employed or retained
any company or person, other than a bona fide employee working solely for the
consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay
any company or person, other than a bona fide employee working solely for the
consultant, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, CITY shall have the right to annul this Agreement
without liability or in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee,
gift or contingent fee.
(10) The right is reserved by the CITIf to terminate the Agreement at any
time and without cause upon seven (7) days written notice to CONSULTANT of such
termination, and specifying the effective date thereof. In any such case, the
CONSULTANT shall be paid the reasonable value of the services rendered, based upon
a pro rata portion of CONSULTANT'S Fixed Management Fee, up to the time of the
termination. The CONSULTANT shall keep adequate records to substantiate costs and
CONTRACT NO. C36620
provide copies of original timecards in the event of termination or suspension.
CONSULTANT may not terminate this Agreement except for cause. In the event this
Agreement is terminated in whole or in part as provided herein, Ciry may procure, upon
such terms and in such manner as it may determine appropriate, services similar to those
terminated.
(11) All documents including tracings, drawings, estimates, reports,
investigations and computations shall be delivered to and become the property of the
CITY. CITY acknowledges and agrees that all plans, specifications, reports and other
design documents prepared by CONSULTANT pursuant to this Agreement shall be used
exclusively on this project and shall not be used for any other work without the written
consent of CONSULTANT. In the event CITY and CONSULTANT permit the re-use or
other use of the plans, specifications, reports or other design documents, CITY shall
require the party using them to indemnify and hold harmless CITY and CONSULTANT
regarding such re-use or other use, and CITY shall require the party using them to
eliminate any and all references to CONSULTANT from the plans, specifications, reports
and other design documents.
, (12) The CONSULTANT shall comply with all federal, state and local
laws, ordinances and regulations applicable to wvrk and shall give all notices requi�ed by
law. CONSULTANT shall be liable for all violations of such laws and regulations in
connection with services. If CONSULTANT performs any work knowing it to be contrary
to such laws, rules and regulations, CONSULTANT shall be solely responsible for all
costs arising therefrom. CONSULTANT shall defend, indemnify and hold City, its
officials, directors, officers, employees, agents, and volunteers free and harmless,
(:ONTRACT NO. C36620
pursuant to the indemnification provisions of this Agreement, from any claim or liability
arising out of any failure or alleged failure to comply with such 1aws, rules or regulations.
(13) No change in the character or extent of the work to be performed by
the CONSULTANT shall be made except by supplemental authority in writing between
CITY and the CONSULTANT. The supplemental authority shall set forth the changes of
work, extension of time and adjustment of the fee to be paid by CITY to the
CONSULTANT, if any.
(14) In connection with the execution of this Agreement, the
CONSULTANT shall not discriminate against any employee or applicant for employment
because of race, religion, color, sex or national origin. The CONSULTANT shall take
affirmative actions to insure equal employment opportunity and that employees are
treated, during their employment, without regard to their race, religion, color, sex or
national origin. Such actions sha11 include, but not limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay, or other forms of compensation and selection for training,
including apprenticeship. This clause shall be included in each related subcontract,
if any, awarded by the CONSULTANT.
(15) The CITY agrees to pay the CONSULTANT a fixed Management
Fee for the period of this Agreement to the expiration of the term, CONSULTANT shall
receive a"Fixed Management Fee" of $13,750.00 per month. The Fixed Management
Fee shall be paid monthly, in arrears, within 30 days of receipt of the invoice.
LONTRACT NO. C36620
In addition to the Fixed Management Fee, the CITY shall, on a monthiy basis, reimburse
CONSULTANT for costs and expenses incurred by CONSULTANT in performing the
services under this Agreement as identified in Exhibit "A" of this Agreement. However,
CONSULTANT shall not exceed the Palm Desert Aquatic Center Program Budget
("Program BudgeY') amount without prior consent of the City Council. The Program
Budget is included herein as Exhibit "C"
(16) Aquatic Center Accounts: The Aquatic Center shalf cause to be
established bank accounts for the operations of the Aquatic Center at a banking institution
(which banking institution shall be determined by the City), such accounts to be in the
City's name. CONSULTANT will collect and deposit daily in the Aquatic Center Accounts
designated by the City all monies received from the operations of the Aquatic Center.
(16.1) All revenues generated by the Aquatic Center shal4 be the property
of the City. Revenue collection procedures shall be in accordance with the method
approved by the City. The deposit shall be made with the bank no later than the next
business day following the date on which the revenues are collected. A dupticate copy of
the deposit receipt identifying the amount collected by CONSULTANT and its deposit
with the bank shall be delivered by CONSULTANT to the designee of the City on a weekly
basis, or, at the option of the City, CONSULTANT shall provide the City with a weekly
bank deposit report via a computerized "on-line" reporting system.
(16.2) Until such monies or other things of value have been deposited in
the City's account and verified by the bank in accordance with this Agreement,
CONSULTANT bears a11 risk of loss therefore, including, but not limited to, damage,
destruction, disappearance, theft, fraudulent, or any dishonest or unlawful act, or other
c:ONTRACT NO. C36620
hazard, irrespective of location and whether by CONSULTANT's employees or any other
person or entity. Should such an event or act occur, CONSULTANT shali notify as soon
as possible the designee of the City and the County Sheriff and CONSULTANT shall
prepare a report of such incident. CONSULTANT shall notify the City of any operational
changes deemed necessary by CONSULTANT to safeguard the City's monies or things
of value.
(16.3) CONSULTANT shall require of the bank holding the City's funds that
all funds be secured to such an extent and in such a rnanner as is required by applicable
law in connection with the deposit of funds of a public entity.
(16.4) Accounting System: CONSULTANT shall design, establish,
implement and maintain procedures for the accounting and control of the revenues from
the time of their collection by CONSULTANT to the time of deposit at the bank. This shall
include a system of intemal controls to account for all gross revenues. Such procedures
shall include each of the accounting and cash control processes identified recommended
by CONSULTANT and approved by the designee of the City, which approval shall not
unreasonably be withheld.
(16.5) Books and Records: CONSULTANT shall maintain in accordance
with GAAP (Generally Accepted Accounting Principles) adequafe books of account with
respect to its management and operations of the facilities and shall maintain such books
at its local offices in Palm Desert, California. CONSULTANT shall keep full an accurate
books of account and such other records as are necessary to reflect the results of the
operation of the Aquatic Center. For this purpose, CONSULTANT agrees it will make
available to the City at all times all books and records in CONSULTANT's possession
�:ONTRACT NO. C36620
relating to the Aquatic Center, including contract documents, invoices and construction
records. All accounting records shall be maintained in accordance with GAAP and shall
be maintained in a cash format for each Operating Year. All such books, records, and
reports shall be maintained separately from other facilities operated by CONSULTANT.
CONSULTANT agrees to maintain reasonable and necessary accounting, operating, and
administrative controls relating to the financial aspects of the Aquatic Center, and such
controls shall provide checks and balances designed to protect the Aquatic Center,
CONSULTANT, and the City. CONSULTANT shall maintain all financial and accounting
books and records for a period of at least three years after the expiration or earlier
termination of this Agreement, and the City shall have the right to inspect and audit such
books and records during such period as provided below.
CONSULTANT shall provide the City with a verification and accounting system as
directed by the City for all monies, gross receipts, revenues, fees and charges collected
at the Aquatic Center. Such system shall inciude:
(a) Recordation of all sales by means of a cash register, which will
display the amount of each sale and automatically issue a customer's receipt. The cash
registers used by CONSULTANT shall be approved by the City. Said cash registers shall
in all cases have locked in sales totai transaction counters that are constantly
accumulating and which cannot, in any case, be reset, and in addition, a tape loaded
within the cash registers on which transaction numbers and sales details are imprinted.
Beginning and ending cash register readings shall be made a matter of daily record. In
the event of a mechanical or electrical failure of cash register, CONSULTANT shall record
by hand all collections and issue a customer receipt in like manner.
CONTRACT NO. C36620
(b) Entry of each and every Aquatic Center users name oh entry log.
(c) Totaling of Aquatic Center users at the end of each day and
reconciliation of fee category totals on cash register detail tapes.
(d) Maintenance of a daily log book detailing the number of Aquatic
Center users by fee category and total amount of cash collected by fee category.
(16.6) Inspection: The City or its authorized agents, auditors, o�
representatives shall have the right during normal business hours to review, inspect,
audit, and copy the books, records, invoices, deposit receipts, canceled checks, and other
accounting and financial information maintained by CONSULTANT in connection with the
operation of the Aquatic Center. All such books and records shali be made available to
the City at the Aquatic Center, unless the City and CONSULTANT agree upon another
focation. The CONSULTANT, at its own expense, shall have the right to retain an
independent accounting firm to audit the books and records of the Aquatic Center on an
annual basis. The City's rights under this Section shall continue after termination of this
Agreement.
(16.7) Reports to City: CONSULTANT shall deliver to the City the
following financial statements, in a form reasonably acceptable to the City:
(16.7.1) Within 20 days after the end of each calendar month, a statement
of Gross Revenues, showing the results of operation of the Aquatic Center for such month
and for the Operating Year to date, which statement shall include sufficient detail to reflect
all Gross Revenues, Aquatic Center Expenses and the Fixed Management Fee. Such
statements shall include a budget comparison, a variance report, and such other
customary reports as may reasonably be requested by the City. Such statement shall be
t,.ONTRACT NO. C36620
certified as correct by an authorized financial officer of CONSULTANT. Such statement
shall be in a form reasonably acceptable to the City; and
(i6.72) Within 30 days after the end of each Operating Year, a statement
of profits, losses, and Gross Revenues, showing the results of operation of the Aquatic
Center for such Operating Year which statement shalf include sufficient detail io reflect
all Gross Revenues, Aquatic Center Expenses, the Fixed Management Fee, and the
Percentage Management Fee (if applicable} for such period. Such statement shall be
certified as correct by an authorized officer of CONSULTANT. Such statements sha{I
include a budget comparison, a variance report, and such other customary reports as
may reasonably be requested by the designee of the City. If requested by the designee
of the City, and at the sole expense of the City, these financial statements shali be certified
by an independent certified public accountant acceptable to the designee of the City and
provided to the City within 90 days after the end of the Operating Year. CONSULTANT
shall provide to the designee of the City, within 30 days of end of each calendar month,
that calendar month's payroll register by department and individual.
If CONSULTANT fails to provide to the City any monthly or annual
statement at the time and in the manner specified in this Agreement, this failure shall
constitute a material default under this Agreement and the City shall have the right, in
addition to any other rights or remedies it may have under this Agreement, to conduct an
auciit to determine these safes, and CONSULTANT shal{ immediately reimburse the City
for the cost of the audit on written demand by the City. If the actual monthly or annual
Gross Revenues shown by any audit of the City (whether hereunder or under Sections
16.5 or 16.6) is found to be three percent or greater than the amount of the Gross
t,:ONTRACT NO. C36620
Revenues shown on the statement provided by CONSULTANT, or if there are any other
material irregularities, the overstatement or such irregularities shall be deemed willful and
the City may terminate this Agreement upon written notice given at any time within 60
days after receipt of the audit by the City. If at any time CONSULTANT causes an audit
of CONSULTANT's business at the Aquatic Center to be made by an independent
accountant, CONSULTANT shall fumish the City a copy of the report of this audit at no
cost to the City, within ten days after CONSULTANT's receipt of the audit �eport.
(16.8) CONSULTANT Payroll and Accounting Software: CONSULTANT
shall provide the City with all computerized data in a format acceptable to the designee
of the City.
(17) Publicity: Any commercial advertisements, press releases, articles, or
other media information using the City's name shall be subject to the prior approval of the
City, which approvals shall not be unreasonably withheld.
(18) This Agreement shall be governed by the laws of the State of
California. Venue sha11 be in Riverside County. ff either party commences an action
against the other party, either legal, administrative or otherwise, arising out of or in
connection with this Agreement, the prevailing party in such litigation shall be entitled to
have and recover from the losing party reasonable attorney's fees and all other costs of
such action.
(20) This Agreement sha11 be binding on the successors and assigns of
the parties, but it shal{ not be assigned by the CONSULTANT without written consent of
the CITY.
�:ONTRACT NO. C36620
(21) The CONSULTANT shall be an independent contractor, not an
employee of the CITY. The services shall be performed by CONSULTANT or under its
supervision. Consultant will determine the means, methods and details of performing the
services subject to the requirements of this Agreement. Neither City, nor any of its
officials, officers, directors, employees or agents shafl have control over the conduct of
CONSULTANT or any of CONSULTANT's officers, employees, or agents, except as set
forth in this Agreement. CONSULTANT shall pay all wages, salaries, and other amounts
due such personnel in connection with their performance of services under this
Agreement and as required by law. CONSULTANT shall be responsible for alt reports
and obligatio�s respecting such additional personnel, including, but not lirnited to: social
security taxes, income tax withhofding, unemployment insurance, disability insurance,
and workers' compensation insurance.
(22) Prohibited interests are as follows:
No officer, member or employee of the CITY during his tenure ar one year
thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds
thereof. The parties hereto covenant and agree that to their knowledge no member of
the City Council, officer or employee of the CITY has any interest, whether contractual,
non-contractual, financial or otherwise, in this transaction, or in business of the
contracting party other than the CITY, and that if any such interest comes to the
knowledge of either party at any time a full and complete disclosure of all such information
will be made in writing to the other party or parties, even if such interest would not be
considered a conflict of interest under applicable laws.
VONTRACT NO. C36620
The CONSULTANT hereby covenants that he has, at the time of this
Agreement, no interest, and that he shall not acquire any interest in the future, direct or
indirect, which would conflict in any manner or degree with the performance of services
required to be performed pursuant to this Agreement. The CONSULTANT further
covenants that in the performance of this work no person having any such interest shall
be employed by the CONSULTANT.
(23) To the fullest extent permitted by law, CONSULTANT shall defend,
indemnify and hold the City, its directors, officials, officers, employees, volunteers and
agents free and harmtess from any and all claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or incident
to any alfeged acts, errors or omissions, or willful misconduct of CONSULTANT, its
officials, officers, employees, subcontractors, consultants or agents in connection with the
performance of the CONSULTANT's services, the project or this Agreement, including
without limitation the payment of aN consequential damages, expert witness fees and
attorney's fees and other related costs and expenses.
To the fullest extent permitted by law, CONSULTANT shall defend, with counsef
of City's choosing and at CONSULTANT's own cost, expense and risk, any and all claims,
suits, actions or other proceedings of every kind covered directly above that may be
brought or instituted against City or its directors, officials, officers, employees, volunteers
and agents. CONSULTANT shall pay and satisfy any judgment, award or decree that
may be rendered against City or its directors, officials, officers, employees, volunteers
and agents as part of any such claim, suit, action or other proceeding. CONSULTANT
�ONTRACT NO. C36620
shall also reimburse City for the cost of any settlement paid by City or its directors,
officials, officers, employees, agents or votunteers as part of any such claim, suit, action
or other proceeding. Such reimbursement shall include payment for City's attorney's fees
and costs, including expert witness fees. CONSULTANT shall reimburse City and its
directors, officials, officers, employees, agents, andlor volunteers, for any and a11 fegai
expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. CONSULTANT's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by the City, its directors, officials officers,
employees, agents, or volunteers.
The CONSULTANT shall submit to CITY, prior to the issuance of the Notice to Proceed,
certification of adequate coverage for "errors and omission" insurance in amounts
approved by the City Attorney. Any such insurance shall not be canceled prior to written
notice to and approval from the CITY.
(24) The City shall not be responsible for payment for services by the
CONSULTANT that are directly related to addressing discrepancies, errors, omissions,
ambiguities, etc. in services provided by the CONSULTANT.
(25) In case of conflicts within the contract documents, the document
precedence shall be as folfows:
(a) This Agreement;
(b) The Request for Proposal issued January 10, 2018 attached
as Exhibit B.
CONTRACT NO. C36620
(c) The CONSULTANT'S Proposal of Services, and any written
modifications thereto attached as Exhibit A.
(26) This Agreement contains the entire Agreement of the parties with
respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements, This Agreement may only be modified by a writing signed
by both parties. No supplement, modification, or amendment of this Agreement shall be
binding unless executed in writing and signed by both parties. !f any portion of this
Agreement is declared invalid, illegal, or otherwise unenforceable by a court vf competent
jurisdiction, the remaining provisions shall continue in full force and effect.
CONSULTANT shall not subcontract any portion of the work required by this Agreement,
except as expressly stated herein, without prior written approva! of City. Subcontracts, if
any, shall contain a provision making them subject to all provisions stipulated in this
Agreement.
(27) CONSULTANT has all requisite power and authority to conduct its
business and to execute, deliver, and perform the Agreement. Each party warrants that
the individuals who have signed this Agreement have the legal power, right, and authority
to make this Agreement and bind each respective party. This Agreement may be signed
in counterparts, each of which shall constitute an original.
CONTRACT NO. C36620
IN WITNESS WHEREOF, said parties have executed this Agreement the
date first hereinabove written.
CITY OF PALM DESERT
Municipal Corporation
�`.
ATTEST:
R E D. KLAS�N, CITY CL�RK
CITY OF PALM DESERT, CALIFO�P(NIA
FAMILY YMCA T ESERT
uthorized Signature
Date: �J� �J � �
(1l� �
�W'�i1�(�/� ,
APPROVED AS TO CONTENT:
RYAN STENDELL
Director of Community Development
Date: C� • � � ' �1 �
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CONTRACT NO. C36621
EXTENSION TO AGREEMENT
WHEREAS, the City of Palm Desert (“City”) and the Family YMCA of the Desert., a
California non-profit corporation (“Consultant”), entered into an agreement, dated July 1,
2018, to provide management and operation at the Palm Desert Aquatic Center
(“Agreement”), the parties wish to extend the Agreement effective July 1, 2021.
NOW, THEREFORE, the parties agree as follows:
A.Term is extended to add the following paragraph to the end of the existing section, as
amended.
“The term of this Agreement is extended, and shall include the time period from July 1,
2021 through June 30, 2022.”
B.All other terms and conditions of the Agreement shall remain unchanged, and shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the 13th day of May 2021.
CITY OF PALM DESERT Family YMCA of the Desert
A Municipal Corporation
Kathleen Kelly, Mayor Paula Simmonds, C.E.O.
City of Palm Desert, California
Attest: Approved as to Content:
_______________________________ ________________________________
Grace L. Rocha, Acting City Clerk Eric Ceja
City of Palm Desert, California Interim Director of Development Services
Approved as to Form:
Robert W. Hargreaves, City Attorney