HomeMy WebLinkAboutC32410 CA2 Annual Park ServicesSTAFF REPORT
CITY OF PALM DESERT
COMMUNITY DEVELOPMENT DEPARTMENT
MEETING DATE: March 28, 2019
PREPARED BY: Johnny Terfehr, Management Analyst
REQUEST: Request for approval of Amendment No. 2 to Contract No. C32410 with
Desert Recreation District for Annual Park Services as it relates to
reimbursable expenses
Recommendation
By Minute Motion:
Approve Amendment No. 2 to Contract No. C32410 with Desert Recreation
District for Annual Park Services as it relates to reimbursable expenses.
Strategic Plan Obiective
The Desert Recreation District (DRD) provides comprehensive services to the residents of
Palm Desert at the City's various parks and recreational facilities. This enables the City to
provide recreational and exercise opportunities consistent with the objectives of the
Strategic Plan.
Executive Summary
Approval of staff's recommendation will change how the City reimburses DRD for vehicle
usage related to services DRD provides to the City under this contract. Instead of
reimbursing for fuel and maintenance costs, the City will simply pay DRD the current IRS
mileage rate for actual miles driven performing activities on City properties under this
contract. This change is recommended by the City Finance Department as a more
appropriate way to account for vehicle usage.
Background Analvsis
The City and DRD have successfully partnered to provide recreational services in Palm
Desert for more than 25 years. The City has several contractual relationships with the DRD,
which are briefly described below:
Desert Recreation District as a Special District/Taxing Entity. -
The DRD, as a special district, receives portions of property tax revenue to provide
recreational opportunities for residents within the boundaries of their district. This includes
all operations and programming offered to all residents within their boundaries, including
Palm Desert. In Palm Desert, the tax revenue funds all operations, maintenance, and
staffing of the Palm Desert Community Center. The DRD also supports several sports
March 28, 2019 - Staff Report
Contract No. C32410 Amendment No. 2 - Desert Recreation District
Page 2 of 2
programs and special events within the City and our various parks, which are paid through
their district funds.
Desert Recreation District as Contract Operator of Parks Facilities:
The second relationship the City enjoys with the DRD is operations services, which are
considered beyond their scope as a special district. These services include janitorial services,
facility staffing, park ambassadors, and skate park attendants. The DRD staffing functions as
the City's eyes and ears in the parks: cleaning, supervising, and monitoring.
The City has historically reimbursed the DRD for all fuel and maintenance of DRD owned
vehicles used to provide these services. At the request of the Finance Department, this
change will mean that instead of reimbursing for fuel and maintenance, the City will reimburse
at the current IRS mileage reimbursement rate.
Fiscal Analvsis
Approval of staff's recommendation could result in a small increase in overall cost payable to
the DRD. However, this coact amendment should not exceed existing budgeted amounts.
Prepared : Johnny Terfehr, Management Analyst
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER _
Ryan Stendell
- Robert argreaves Director of Community Ira Moore Lauri Aylaian
Cit ttorney Development Director of Finance City Manager
APPLICANT: Desert Recreation District.
45-305 Oasis Street
Indio, CA 92201
ATTACHMENTS: 1. Executed Copy of C32410
2. Proposed Amendment #2 to Agreement
AGREEMENT NO. C32410
BETWEEN THE CITY OF PALM DESERT AND
THE DESERT RECREATION DISTRICT
FOR CERTAIN PARK AND RECREATIONAL SERVICES
This Agreement is made and entered into by and between the City of Palm Desert, a municipal
corporation, hereinafter referred to as "City," and the Desert Recreation District, a public agency,
hereinafter referred to as "DRD."
WITNESETH:
WHEREAS, the City owns or leases property that is used for various recreational, and
community activities; and,
WHEREAS, DRD also owns or leases certain property within the City presently used for such
activities and is authorized and qualified to provide and administer these activities; and
WHEREAS, DRD and the City currently have an agreement regarding part or all of the services
addressed in this Agreement and wish to update, clarify and confirm their working relationship;
and
WHEREAS, the City desires the DRD to continue to provide and administer certain recreational
activities and related services that benefit the residents of Palm Desert; and
WHEREAS, the parties have developed a comprehensive scope of services and pricing matrix,
as well as Exhibits as follows:
Exhibit "A" — Scope of Services
Exhibit "B" — Pricing Matrix
Exhibit "C" — Listing of City Parks and Facilities and Parks Services Matrix
WHEREAS, this Agreement does not affect the current "Lease/RD-447----------- or any
agreements between the City or DRD and Desert Sands Unified School District.
NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants
hereinafter contained, and based upon confirmation that the recitals set out above are true and
correct, the parties agree as follows:
1. Term. The term of this Agreement shall commence upon its execution by both parties,
and shall extend through June 30, 2017. The term thereafter shall be automatically extended in
five year increments until either party provides written notice to the other party of its desire that
the Agreement terminate on its next anniversary date. Either party may terminate this
4844-5656-0912.1
CONTRACT NO. C32410
Agreement without cause upon one year prior written notice to the other party; the length of such
notice is intended to allow for budget adjustment for upcoming fiscal years.
2. Scope of Services.
A. The City of Palm Desert owns or leases and operates 13 parks (hereinafter for
purposes of this Agreement referred to as "City Facilities" or "Parks,"). The present list of City
Facilities or Parks is described in detail in Exhibit "C," attached and incorporated as if fully set
forth herein. This Agreement applies to all Parks even if not listed
B. This contract provides for the following services to City Facilities: the
administration of a facilities reservations system ("facility reservation services") as set out on
Exhibit A, attached and incorporated here; the provision of park supervision services as set out
on Exhibit A, attached and incorporated here; and the provision of custodial services, as set out
on Exhibit A, attached and incorporated here. The scope of services may be revised as set out in
this Section for "Change Orders." Services shall be provided at the level determined by the
parties from the Parks Services Matrix, attached and incorporated as Exhibit `B" hereto.
C. Change Orders: The parties may change the level of services provided hereunder
by written agreement of the DRD General Manager and City Manager or their designees. The
Change Order shall be in the form agreed upon by them and shall set out the change in level of
services (increased or decreased), corresponding change in price, the City Facilities affected, and
the beginning (and ending, if applicable) dates of the change.
3. DRD Obligations.
3.1 DRD shall provide the necessary personnel, supplies, equipment, and
transportation to perform the named services at the level set out in this
Agreement.
3.2 DRD shall collect and handle fees as set out in Section 5 below.
3.3 DRD shall notify City immediately of any potential safety hazards to City from
City Facilities. DRD has no obligation in any way to warn third parties, cure or
correct potential health, safety or welfare hazards.
3.4 DRD shall notify City of any damage to or misuse of City Facilities. Examples of
reportable incidents include but are not limited to graffiti, vandalism and other
types of property damage.
4. City's Obligations.
489-5656-0912.1 2
CONTRACT NO. C32410
4.1 The City shall maintain all landscaping, equipment, and buildings in City Parks
unless otherwise provided for a subsequent agreement (i.e. Palm Desert
Community Center). City Facilities will be maintained in a clean and safe manner
which allows DRD to provide the services set out herein.
4.2 The City shall provide all utilities for the City Facilities, and specifically shall
allow DRD to use City trash receptacles.
4.3 City further shall have the specific obligations identified in Exhibit "A" and the
payment obligations identified in Section 5, below.
5. Compensation The fees charged, retained and billed varies depending upon the type
of service provided pursuant to Exhibit "A." The parties have developed a
comprehensive Pricing Matrix for City payment to DRD, which Pricing Matrix is
attached as Exhibit "B" hereto as if fully set forth herein (the "Pricing Matrix").
5.1 Annual Fee Review and Adjustment:
5.1.1 DRD Fees and Charges: Annually, during its preliminary budget process
DRD may review, and revise its fees and charges as set out in the Fees and
Charges Manual. DRD agrees to incorporate field use fees as determined
by the City Council into its Fees and Charges Manual. DRD will notify the
City Manager or his designee of any proposed change in fees under this
Agreement and shall use its best efforts to obtain City review and
ratification prior to adoption of DRD's final budget.
5.1.2 Pricing Matrix: The amounts payable to DRD shall increase annually
without further action by either party based upon the Consumer Price
Index or other inflator adopted by City for increases in its fees. In the
event of an unexpected increase in the cost of supplies or materials (such
as gasoline) DRD may request a one-time increase in fees to meet such
increased costs.
5.2 Fees for facility reservation services:
5.2.1 DRD shall collect the City administration fees for facilities use and
thereafter remit the amounts of those fees to City on a monthly basis along
with a summary/documentation for the payment provided.
5.2.2 FIELD RESERVATION MANAGEMENT FEE. City shall pay DRD a
field reservation management fee for the entire period of this Agreement
and any extension thereof in the annual amount of set out on Exhibit `B,"
the Pricing Matrix, and identified as the " Field Reservation Management
Fee." DRD shall invoice City monthly for the Field Reservation
Management Fee, which shall be paid monthly, in arrears, within 30
calendar days of receipt of the DRD invoice.
4844-5656-0912.1
CONTRACT NO. C32410
5.3 For Supervisory, Janitorial, and Skate Park staffing services
5.3.1 DRD shall be reimbursed for all expenses incurred on a monthly basis per
the hourly rates defined in Exhibit "B," Pricing Matrix. DRD shall invoice
the City monthly and provide a documented accounting of hourly charges,
which shall be paid monthly, in arrears, within 30 calendar days of the
receipt of DRD invoice.
6. Marketing and Promotional Materials: DRD may include City Facilities and activities
under this Agreement in its marketing or promotional materials without additional consent from
the City. City may include DRD and its personnel, facilities or activities under this Agreement
in its marketing or promotional materials without additional consent from DRD.
7. Comuliance with Laws/Non Discrimination. The services under this Agreement shall
be provided in accordance with applicable local, state, and federal laws and regulations and
specifically without discrimination as to protected categories of users.
8. Insurance.
8.1 DRD Insurance. DRD shall procure and maintain at all times it performs any
portion of the services set out in Exhibit "A" (the "Services") the following self-
insurance with minimum limits as follows:
Commercial General Liability. Commercial General Liability Insurance that
shall protect the City, and its officers, employees, officials, agents, and
authorized volunteers from all claims of bodily injury, property damage,
personal injury, death, advertising injury, and medical payments arising from
performing any portion of the Services. (Form CG 0001 and CA 0001) (Refer
to chart below.) Such insurance shall be placed by insurers authorized to do
business in the State of California with an A.M. Best and Company rating
level of A- or better, Class VI or better or as otherwise approved by the City.
ii. Automobile Liability Insurance. Commercial Automobile Liability Insurance
that is at least as broad as ISO CA 0001 per occurrence which shall protect the
City and its officers, employees, officials, agents, and authorized volunteers
from all claims of bodily injury, property damage, personal injury, death, and
medical payments arising from performing any portion of the Services. Auto
liability insurance shall cover owned, non -owned, and hired autos.
iii. Workers' Compensation and Emplovers' Liability Insurance. Workers'
Compensation Insurance and Employers' Liability Insurance for all of its
employees performing any portion of the Services in accordance with the
provisions of section 3700 of the California Labor Code ("Workers'
Compensation Statute"). If any class of employee or employees engaged in
performing any portion of the Services under this Agreement are not protected
under the Workers' Compensation Statute, adequate insurance coverage for
4844-5656-0912.1 4
CONTRACT NO. C32410
the protection of any employees) not otherwise protected must be obtained
before any of those ernployee(s) commence performing any portion of the
Services. (Refer to chart below.)
Type of Coverage
Commercial General Liability Insurance and Any Auto
Automobile Insurance, including Bodily Injury, Personal Injury,
Property Damage, Advertising Injury, and Medical Payments
Each Occurrence
General Aggregate
Professional Liability — not required
Workers Compensation (per accident or disease)
Employer's Liability — not required
Minimum
Requirement
$1,000,000
$2,000,000
$ -0.
Statutory Limits
$-0-
8.2 DRD Proof of Insurance. The DRD shall not commence performing any portion
of the Services until all required insurance has been obtained and certificates or
equivalent indicating the required coverages have been delivered to the City.
Certificates or equivalent Memoranda of Cover document and insurance policies
or equivalent shall include the following:
8.2.1 A clause stating: "This policy shall not be canceled or reduced in required
limits of liability or amounts of insurance until notice has been mailed to
the City Clerk and Risk Manager, stating date of cancellation or reduction.
Date of cancellation or reduction shall not be less than thirty (30) days
after date of mailing notice."
8.2.2 Language stating in particular those insured, extent of insurance, location
and operation to which insurance applies expiration date, to which
cancellation and reduction notice will be sent, and length of notice period.
8.2.3 An endorsement stating that the City and its officers, employees, officials,
agents, and authorized volunteers are named additional insured under the
Commercial General Liability insurance policy. Coverage shall apply to
any and all liability arising out of the work or related to the Contract.
Additional insured stated under the general liability requirement shall be
provided on Insurance Services Office Form CG 2010 with an edition
prior to 2004, or its exact equivalent.
4844-5656-0912.1
CONTRACT NO. C32410
8.2.4 An endorsement stating that DRD's insurance policies shall be primary
and non-contributing with any insurance or self-insurance maintained by
City.
8.2.5 With the exception of professional liability insurance, if applicable, all
policies shall be written on an occurrence form.
8.2.6 The City and DRD each waive subrogation against the other.
8.2.7 DRD agrees to deposit with City within fifteen days Notice to Proceed of
the Contract, certificates of insurance and required endorsements. There
shall be no recourse against the City for payment of premiums or other
amounts with respect to the insurance required by the DRD hereunder.
Any failure, actual or alleged, on the part of the City to monitor compliance
with these requirements will not be deemed a waiver of any rights on the
part of the City. City has no additional obligations by virtue of requiring
the insurance set forth herein.
In the event any of said polices of insurance are canceled, DRD shall prior
to the cancellation date, submit new evidence of insurance in conformance
with this Section to City. In the event any policy of insurance required
under this Agreement does not comply with these requirements, or is
canceled and not replaced, City has the right, but not the duty, to obtain the
insurance it deems necessary and any premium paid by the City will be
promptly reimbursed by the DRD, or the City will withhold amount
sufficient to pay premium from DRD payments.
8.2.8 DRD agrees to provide immediate notice to City of any claim or loss
against the DRD arising out of the services performed under this
agreement. City assumes no obligation or liability by such notice, but has
the right (but not the duty) to monitor the handling of any such claim or
claims if they are likely to involve the City.
8. 3. 0 City Insurance. City shall provide to DRD with the following insurance:
8.3.1. City shall, at all times during the term of this Agreement, maintain and
keep in full force and effect, the following policies of insurance or self-
insurance with minimum limits as indicated below and issued by insurers
authorized to do business in the State of California with an A.M. Best and
Company rating level of A- or better, Class VI or better or as otherwise
approved by the DRD. Commercial general liability at least as broad as
ISO CG 0001 (per occurrence) $1,000,000 (general aggregate)
$2,000,000. Workers' compensation in the statutory amount.
8.3.2 All insurance required by this section shall apply on a primary basis. City
agrees that it will not cancel or reduce said insurance coverage and that if
4844-56%-0912.1 6
CONTRACT NO. C32410
it does not keep the aforesaid insurance in full force and effect DRD may
take out such insurance and pay for it at City's expense.
8.3.3 At all times during the term of this Agreement, City shall maintain on file
with DRD a certificate of insurance or the equivalent from City insurer, in
a form acceptable to DRD, showing that the aforesaid policies are in effect
in the required amounts. The general liability policy shall contain or be
endorsed to contain a provision including the DRD, its officers, agents,
employees and authorized volunteers as additional insureds.
8.3.4 City shall promptly file with DRD such certificate or certificates and
endorsements if applicable. Coverage for the additional insureds shall
apply to the fullest extent permitted by law. No policy required by this
section shall prohibit City from waiving any right of recovery prior to loss.
District hereby waives such right with regard to the DRD, its officers,
agents, employees and authorized volunteers. All insurance coverage and
limits provided by City and available or applicable this agreement is
intended to apply to the full extent of the policies. Nothing contained in
this Agreement limits the application of such insurance coverage
9. Indemnification.
9.1 To the furthest extent permitted by California law, DRD shall, at its sole expense,
defend, indemnify, and hold harmless the City and its officers, employees,
officials, agents, and authorized volunteers (the "indemnified parties") from and
against any and all demands, losses, liabilities, claims, suits, and actions (the
"claims") of any kind, nature, and description, including, but not limited to,
personal injury, death, property damage, and/or attorneys' fees and costs, directly
arising out of, connected with, or resulting from the performance of the DRD's
Services pursuant to this Agreement or from any activity, work, or thing done,
permitted, or suffered by the DRD in conjunction with this Agreement, unless the
claims are caused wholly by the sole negligence or willful misconduct of the City.
The City shall have the right to accept or reject any legal representation that DRD
proposes hereunder.
9.2 To the furthest extent permitted by California law, City shall, at its sole expense,
defend, indemnify and hold harmless the DRD and its officers, agents and
employees (the "indemnified parties"), from and against any and all demands,
losses, liabilities, claims, suits and actions (the "claims") of any kind, nature and
description, including, but not limited to, personal injury, death, property damage
and/or attorneys' fees and costs, directly arising out of, connected with, or
resulting from the provision of or failure to provide facilities and equipment
pursuant to this Agreement, unless such claims are caused wholly by the sole
negligence or willful misconduct of the DRD. The DRD shall have the right to
accept or reject any legal representation that City proposes hereunder.
4844-5656-0912.1 7
CONTRACT NO. C32410
10. Personnel. In order to provide the services pursuant to this Agreement, the DRD shall
hire and supervise personnel in accordance with the DRD's personnel policy rules and
certification requirement and the specific provisions of this Agreement. This Agreement does
not and shall not be deemed to create an employment relationship between the City and DRD
employees or a joint venture between the City and DRD.
11. Emeraencv Contacts. Each party shall provide the other with twenty-four (24) hour
emergency contacts. .
12. Termination for Default: Subject to the offset provisions of Section 5.4 hereof, in the
event that either party consistently and repeatedly defaults in the performance of a material term
or condition of this Agreement, prior to any notice of termination, the non -defaulting party shall
give notice to the defaulting party as follows:
12.1 The representative for the non -defaulting party first orally shall discuss the default
with the representative of the other party.
12.2 The non -defaulting party shall give notice of the specific default(s) and the
proposed cure and shall allow at least 30 calendar days in which to cure or
commence a cure. In the event that public health and safety is at risk the period
for cure shall be 5 or fewer calendar days.
12.3 In the event that the default is not cured or a cure commenced within the time
frames in subsection (b), the non -defaulting party may give 45 days' prior written
notice of termination of the Agreement. In the event that public health and safety
is at risk, the notice period shall be 10 days.
13. Amendments. Except as otherwise provided for Change Orders in Section 2, or fee
changes under Section 5, any amendment, modification, or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the DRD Board of
Directors and the Palm Desert City Council. No waiver of any term or condition of this
Agreement shall be a continuing waiver thereof. This Agreement constitutes the entire
agreement of the parties as to the subject matter hereof, and supersedes any other agreements,
whether written or oral.
14. Contact Persons and Notice. All notices or demands of any kind served by either party
to this Agreement by the other will be in writing and will be personally delivered or mailed by
registered or certified mail, return receipt requested addressed to the representative of each party
as set out here:
City Manager
City of Palm Desert
73 -5 10 Fred Waring Drive
Palm Desert, CA 92260
General Manager
Desert Recreation District
45-305 Oasis St.
Indio, CA 92201
4844-5656-0912.1
CONTRACT NO. C32410
15. Force Maieure. Performance by either party hereunder shall not be deemed to be in
default, or considered to be a default, where delays or defaults are due to the force majeure
including, without limitation, events of war, insurrection, strikes, lockouts, riots, floods,
earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine
restrictions, freight embargoes or lack of transportation, weather -caused delays, inability to
secure necessary labor, materials or tools, delays of any contractors, subcontractor or supplier
(which are not attributable to the fault of the party claiming an extension of time to prepare or
acts or failure to act of any public or governmental agency or entity) or any delay caused by a
third party, including, without limitation, independent vendors and suppliers, whose performance
is not within the control of the party. extension of time for any such force majeure cause shall be
for the period of the enforced delay and shall commence to run from the date of occurrence of
the delay. The party seeking to invoke such force majeure provision shall give written notice to
the other party within five business days of the date that the force majeure event has occurred,
specifying (i) the date from which the enforced delay commenced and the actual or the expected
final date, as applicable, for which an enforced delay extension of time of performance is then
being sought, and (ii) a description of the particular circumstances, events, facts or occurrences
which have given rise to the force majeure.
16. Litigation Costs. In the event an action is filed by either party to enforce any rights or
obligations under this Agreement, the prevailing party shall be entitled to recover reasonable
attorney's fees and court costs in addition to any other relief granted by the court.
17. Interuretation of Agreement. The use of the words "shall or "must" or similar words
within this Agreement is not intended to and does not create a mandatory duty of any kind.
18. Authority to Execute Agreement. Both the City and the DRD covenant that each
individual executing this Agreement on behalf of each party is a person duly authorized to do so.
4844-56%-Wi2.1 9
CONTRACT NO. C32410
CITY OF PALM DESERT
By: w Dated: November 15, 2012
Mayor
wlo%
s
Appro to form:
City Woloy
4844-5656-0912.1 10
DESERT RECREATION DISTRICT
By:
Presi( t
ATTEST:
C P! OA-�- /� 4 - A 040069
C rk of the 1 trict
Approved as to form:
Uvi c(bk"
Generaftounsel
Dated: I Z/-c-
CONTRACT NO. C32410
4s44-5656-0912.1 11
,'n.,.�.'ic�i.: �0! .})•'. �)i. Cd.N,.�1...ai{:) .?it_v> jt, sjl!s�Ns) . ..�a..,'Otia....:�t�:�:%<, �..t!yr,c�i!�.S..�s .q .+it,.'+)., ..+?. ..fig..$ ,:4..'+�
State of California
County of V—;. Nile cs- ko
On Vz re /_ before me, 6�� 00 .3 at 0 c _ f l�-t��
ol me ne or o r
personally appeared ILA L. AL0 S::
k— Name(s) of Signer(s)
DELIA BRANAp03
CenlnKlgton • 19VM
Notbry Public - CNMornle
Rlwnlde County
My Comm. Expire: Jun 24, 2016 j
who proved to me on the basis of satisfactory evidence to
be the personA whose name(a) is/am subscribed to the
within instrument and acknowledged to me that
he/ehefthterexecuted the same in hisk er/theif authorized
capacity(} Z), and that by his/herAheil~signatureA on the
instrument the persons), or the entity upon behalf of
which the person(,9f) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS;mhaddofficial seal.
Signature Lwd�
Place Notary Seal Above Signs of Notary P
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: _ 10-
P`' O►.p 4lhsui.- 1 ens. t'Vr GtS
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
E.) Corporate Officer — Title(s):
Ll Partner — ❑ Limited [J General
Attorney in Fact {
Top of thumb here
* Trustee
* Guardian or Conservator
U Other:
Signer Is Representing:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — U Limited U General
O Attorney in Fact��f
❑ Trustee Top of thumb here
U Guardian or Conservator
❑ Other:
Signer Is Representing:
.vdos�*00WV,r�,wv wvNos.�o-se+.,;nveusaw�earn.set. Yw�rec.�w,rk�.wyrw ,rwr�r swa,�eavn vK nv�.w�w:yes::e�w
02007 National Notary Aesxabon • 9360 De Soto Ave., P.0. Box 2402 -Chatsworth, CA 91313-2402 • www.Nagon@dNotary.org kern/5907 Rmft: Cap ToA-Fme 14K)"764B27
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
r,,,V �bhi:Hu!.v1u �vk.' Mu,�A:..ti..A.'..k.' nAu'.vLi. nAu' n.kirka.�ka.rki'.v4a.vk.' Ns'.avki' MuvkwM
State of California
County of Riverside
Orpecember 21, 2012 before me, M. G. Sanchez, Notary Public
Date Here Insert Name and Title of the O(ricer
personally appeared Robert A. Spiegel
-A 6M. G. SANCHEZ
r,Mh06'C..m,..,.n . 1906339
Notary Public - California
Riverside County
16 M7 Comm. Expires Oct 29, 2014
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(it) whose name(g) is/m
subscribed to the within instrument and acknowledged
to me that he/Wje&W executed the same in
hisPAIRUwk authorized capacity, and that by
his/3asat(itwWr signature( on the instrument the
person(it), or the entity upon behalf of which the
person( acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and o" seal.
Signature: { ��
Place Notary Seal Above Notary
OPTIONAL
Though the information below is not required by law, it may prove valuable to per s relying on a docum t
and could prevent fraudulent removal and reattachment of this fOrom t another docum nt.
Description of Attached Document ,1. 7ein 7J�r 9fi
Title or Type of Document: �',� illo - /),eSE)f � /Q u e_01701 V/Sfr/6/ I, .20/7
Document Date: Ak tt-Olb'r- /5. ,ICJ,;. Number of Pages:
Signer(s) Other Than Named Above:
Capacity(fes) Claimed by Signer(s)
Signer's Name: Robert A. Spiegel
Corporate Officer — Title(s):
❑ Individual e p r
❑ Partner — O Limited D General Top of thumb here
❑ Attorney in Fact
U Trustee
D Guardian or Conservator
Ud Other: Knynv
Signer Is Representing:
City of Palm Desert
Signer's Name:
LJ Co rate Officer — Title(s):
❑ Individ
a
❑ Partner — mited ❑ General Top of thumb here
[7 Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 2009 National Notary Association - NationalNotary org • 1.8uo-US NOTARY (1.800.876.8827)
Item 05907
CONTRACT NO. C32410
EXHIBIT A - SCOPE OF WORK
FACILITIES RESERVATIONS SYSTEM ADMINISTRATION
1. DRD is responsible for scheduling and reserving use of the City Facilities set out on
Exhibit "C."
2. Scheduling shall be done pursuant to DRD Fees and Charges Manual as ratified by the
City and other adopted DRD policies and procedures.
DRD shall administer the reservation provisions of Chapter 11 and specifically 11.04 of
the Palm Desert Municipal Code as those may be amended from time to time. DRD shall
administer the reservation provisions for other City Facilities if not set out in that
Chapter. As applicable, DRD shall require users requesting a reservation to use the
approved forms or on-line application procedures. Where the City Facility or Park is to
be used by 100 people or more, DRD additionally shall require such users to complete
and meet the requirements for a "City Facility Reservation Application," including on-
line procedures herein.
DRD shall collect a deposit, as well as cleaning and usage fees as required by the City
and/or the DRD Fees and Charges Manual and shall maintain a detailed record of monies
collected. DRD shall return deposits once inspection of the premises by DRD staff
deems the refund as warranted.
4. With the permit holder, DRD shall inspect all deposit -reserved facilities at the beginning
and close of the reserved usage, for the express purpose of verifying deposit return
eligibility.
PARK SUPERVISION
1. Opening and Closing Facilities to the Public:
a. The opening and closing of City Facilities is subject to weather conditions and
recognized emergencies. DRD shall open and close all locked City Facilities (such as
parks, restrooms, sports fields, and tennis courts) as specified by Palm Desert
Municipal Code Section 11.01.020 or other ordinances or regulations of the City.
2. Supervision:
a. DRD shall provide for supervision of City Facilities as follows:
1. One park supervisory employee shall be on duty between 6:00 AM and 11:00 PM,
Monday through Sunday.
2. One additional supervisory employee shall be on duty from 2:00 PM to 11:00 PM
Friday, Saturday, Sunday, and CITY designated holidays.
480-5656.0912.1 12
CONTRACT NO. C32410
3. Additional park supervisory employees may be required as needed during
scheduled events, holidays, and at other times as mutually agreed between DRD's
General Manager and City Manager. DRD shall be compensated for additional park
supervision staff at the hourly rate established under the Pricing Matrix attached as
Exhibit `B"
4. One skate park supervisor will be on duty at the Civic Center skate park during all
hours of operation/
b. Park supervision is to be provided based on the City of Palm Desert Park Inventory
document, as that may be amended from time to time, and shall include, but not be
limited to, the following duties:
1. Supervision of assigned areas; DRD staff shall maintain a daily log of their
activities and hours of supervision provided each City Facility.
2. Post field and shelter reservations daily in designated locations.
3. Perform inspections of City facilities and maintain a written record of such
inspections. The inspection form shall include any maintenance needs noted in the
course of the inspection, and a log of any actions taken as a result of the inspection.
Inspections shall be made available to the City upon request.
4. Carry a schedule of weekly events occurring in all park facilities at all times.
5. Pick up litter, trash and debris during supervisory visits to all parks or call for pick
up, as appropriated.
6. Re -stock restroom supplies as needed.
7. Notify MUSCO Lighting to turn off field lights for energy conservation as
needed.
8. Warn patrons as needed, regarding applicable City ordinances.
9. Administer and enforce the parks facilities reservations system as set out in
Section A of this Agreement.
10. Greet all patrons, establish a check in time and verify reservation and instruct
patrons on regulations.
11. Inspect reserved facilities after usage to determine any damages which have
occurred since the last inspection.
4844-56%-0912.1 13
CONTRACT NO. C32410
12. Svecific Duties for the skate nark:
i. Administer the skate park registration process, and collect user fees.
ii. Confirm that all skate park users possess a valid user card.
iii.Ensure that all skate park users abide by all rules and regulations, including
wearing appropriate safety gear as applicable.
iv. Document all incidents or accidents in accordance with DRD policies and
procedures.
c. DRD's patrol and supervision staff shall:
1. Hold and maintain current certifications in first aid and CPR.
2. DRD's supervision staff shall be knowledgeable of park rules and regulations as
necessary for facilities' use and shall have the ability to warn of such violations.
3. DRD's supervision staff shall be equipped with communication devices for
emergency uses.
4. DRD's patrol and supervision staff and/or janitorial staff shall utilize established
emergency contact numbers (including 911) when appropriate to notify public
safety and/or law enforcement officials of any injury to any individual on City
property, of any condition that may be considered an immediate threat to public
health and safety, or of any violation of City ordinance. After notifying public
safety/law enforcement officials of any incident, DRD shall immediately notify
the City Manager and/or his designee of the occurrence.
5. CITY is responsible for notifying DRD of any changes to the Municipal Code.
CUSTODIAL SERVICES
Janitorial and custodial services are to be provided based on the City of Palm Desert Park Listing
of Properties and Park Service Matrix (Exhibit "C"), and may include, but not be limited to, the
following duties:
1. Restrooms:
a. Daily, DRD custodial staff shall clean and sanitize all toilets, urinals, and sinks; clean
and stock all paper and liquid soap dispensers; remove all stickers, tape, strings,
balloons, gum, spider webs, or other debris or material attached to floors, walls,
ceilings or fixtures; empty and re -line trash receptacles; and hose -wash floors and
surrounding hardscapes.
b. Bi-weekly, DRD shall pressure -wash the entire interior of each restroom and its
surrounding hardscape.
48"-5656-0912.1 14
CONTRACT NO. C32410
c. The restrooms at the following parks shall be considered a priority and shall be cleaned
prior to other City Facilities: Civic Center Park (excluding the ball fields and skate
park); Ironwood Park; Palma Village; Joe Mann Park; Freedom Park. Ball field
restrooms shall move to the priority list when. there is a scheduled event or
tournament.
2. Record -keeping:
a. DRD's custodial staff shall maintain a written record of daily work activities. DRD
staff shall document their activities and hours of work in each park. All
documentation shall be available to the City upon request.
3. Skate Parks:
a. As needed, DRD shall remove litter, sweep, remove all stickers, tape, strings,
balloons, gum, spider webs, or other debris or material attached to floors, walls,
ceilings or fixtures; and empty and re -line trash receptacles.
b. DRD shall wash tables and benches, DRD shall pressure wash all concrete
surfaces at the Civic Center skate park as needed.
c. Changes Order Provisions for change and revisions to services under Exhibit "A": In
the event the parties wish to add services to those already provided under Exhibit
"A," or to revise the nature of the services provided, the DRD General Manager and
City Manager may agree to such changes in writing subject to the procedural
requirements of each public agency. Such changes and the effective date thereof shall
be shown on a revised and dated Exhibit "A" which shall be attached to this
Agreement with the signatures of the General Manager and City Manager. All
additional services provided shall be compensated at the rate set out on Exhibit `B."
4844-5656-0912.1 15
CONTRACT NO. C32410
EXHIBIT B — PRICING MATRIX
Facility Reservation Management Fee (Annually): $ 40,644.68
Supervision Fee (Hourly Rate): $ 20.93
Janitorial Fee (Hourly Rate): $ 28.36
Skate Park Fee (Hourly Rate): $ 14.75
EXTRA WORK:
CONTRACTOR shall provide the staff and equipment to perform the following additional
work at the prices indicated below.
1. Pressure wash restroom interior $ 75.22
2. Pressure wash Dog Park $ 62.61
3. Clean a tennis court with a water broom $ 52.61 per ct.
4. Clean a basketball court with a water broom $ 52.61 per ct.
5. Drag and water baseball field infield $ 62.61 per field
6. Pressure wash a playground $ 145.22
7. Additional labor (per hour) $
Position: See Billable Rates above $
Position: $
Position: $
Position: $
4844-5656-0912.1 16
EXHIBIT C - PARK SERVICES MATRIX CONTRACT NO. C32410
Park
Owner /
Facility
Park Classification
Acreage
Administrator
Amenities
Name
Current
Parks
Cahuilla Hills
Park
Open Space
26+/-
City
5,6,11,14,16,20
Cap Hommc /
Ralph Adams
Open Space
27 +/-
City
14,16,20
Park
Civic Center
Park
Regional
70+/-
City
1,2,3,4,5,6,8,11,12,13,14,15,17,18,19,22
Commmunity
Gardens
Neighborhood
I +/-
City
11,14,23
Freedom Park
Regional
14+/-
City/School District
1,2,3,4,5,7,8,11,13,14,15,17,18
Hovley Soccer
Park
Community
15+/-
City
2,7,8,9,10,11,13,14,15,21
ironwood Park
Community
9 +/-
City
8,11,14,15,20
Joe Mann Park
Neighborhood
1.5 +/-
City
2,4,8,11,14,15,17
Magnesia
Falls Park
Neighborhood
8 +/-
City/School District
1,3,7,8,11,14,15
Palma Village
Park
Neighborhood
1.37+/-
City
2,4,8,11,14,15
University
Dog Park
Neighborhood
2.25+/-
City
11,17
University
Park East
Neighborhood
2+/-
City
2,8,11,14,15
Washington
Charter School
Neighborhood
2 +/-
School District
2,7,8,14,15
Park
Future Parks
Portola & 1-10
Park
Regional
20 +/-
City
TBD
University
Park Central
Neighborhood
4.2 +/-
City
TBD
University
Park West
Neighborhood
2.1 +/-
City
TBD
Amenities
I=Baseball
6=Pickleball
I 1=Restrooms
16=Hiking Trails
21—Frisbee Golf
2=Basketball
7=Soccer
12=Amphitheater
17=Dog Park
22-Community Center
3-Football
8-Open Grass /Turf
13-Concessions
18-SkateBMX
23-=Garden Plots
4=Volleyball
9--Horseshoes
14=Picnic Area
19=Aquatic Center
5=Tennis
1t=Petanque
15=Playground
20=Native Open Space
4844-5656-0912.1 17
Neighborhood Park:
Open Space Park:
Community Park
Regional Park
Regional -Civic -Center Park:
Janitorial Services-
i=Daily Restroom janitorial services including
1
NIA
1,3
1,3
2,3
Ambassador Activities:
but not limited to: cleaning all toilets, sinks, l=Continously monitor & patrol city
floors, walls, stall dividers, emptying trash parks
receptacles, stocking of supplies, and
documentation of all activities.
2=1.5 Daily Rcstroom janitorial services
CONTRACT NO. C32410
1,2,3,4
1,2,3,4
1,2,3,4,5,6,7,8,9
1,2,3,4,5,6,7,8,9
1,2,3,4,5,6,7,8,9,10,11,12,13,14
15,16 q
i 0=Provide dedicated skate park
attendant during skate park
operating hours
including but not limited to: cleaning all toilets, I I=Remove litter, trash and debris
sinks, floors, walls, stall dividers, emptying trash su p visokup trash, litter and debris during attached to any floors or walls at
receptacles, stocking of supplies, and supervisory vim skate park.
documentation of all activities,
3=Event driven or as needed Restroom
janitorial services including but not limited to:
3=Inform park users of all applicable city
cleaning all toilets, sinks, floors, walls, stall
ordinances, when necessary coordinate 12=Powerwash entire skate park
dividers, emptying trash receptacles, stocking of
with local authorities (i.e. Code facility quarterly
supplies, and documentation of all activities.
Compliance, Police, Animal Control)
4=Thoroughly document, and report to
the City all supervision activites and
accurrences
5=Administer and enforce the parks
facilities reservations system
6-Make contact with all guests with
reservations and instroct guests on
regulations
7=Post field and shelter reservations
8=Inspect reserved facilities after
usage to determine compliance
9-=Coordinate sports lighting with
Musco, based on field useage
4844-5656-0912.1 18
13=Wash skate park tables and
benches every other day.
14 =Administer the skate park
registration card process.
15=Assure that all skate park users
posses a valid user card.
l0-Assure that all skate park users
abide by all rules and regulations.
CONTRACT NO. C32410
AMENDMENT NO. 2
WHEREAS, the City of Palm Desert ("City") and Desert Recreation District
("Contractor"), entered into an agreement, dated November 15, 2012, to provide park
supervision and custodial services at City Facilities and Parks, as amended in 2018 by
Amendment No. 1 (collectively "Agreement"), the parties wish to amend the Agreement
effective February 28, 2019.
NOW, THEREFORE, the parties agree as follows:
A. Add to section 5.3.1 at end of paragraph as follows:
"City shall reimburse DRD for all vehicle mileage incurred by DRD vehicles in the
performance of supervisory, janitorial, and skate park staffing services consistent
with this contract for Palm Desert City properties at the current IRS mileage
reimbursement rate. The City will not reimburse for any other motor vehicle
expenses including but not limited to maintenance, repairs, purchase, and
outfitting of motor vehicles. DRD will provide mileage documentation as part of
its normal monthly billing. The City will reimburse actual costs for routine
maintenance of golf carts used exclusively in the performance of supervisory,
janitorial, and skate park staffing services for the City consistent with this contract
for Palm Desert properties."
B. All other terms and conditions of the Agreement shall remain unchanged, and
shall remain in full force and effect.
Page 1 of 2
CONTRACT NO. C32410
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the ' day of , 2019.
CITY OF PALM DESERT
A Municipal Corporation
Susan Marie Weber
Mayor
Attest:
Rachelle D. Klassen
City Clerk
Approved as to Content:
Ryan Stendell
Director of Community Development
Approved as to Form:
Robert W. Hargreaves
City Attorney
DESERT RECREATION DISTRICT
Kevin Kalman
General Manager
Page 2 of 2