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HomeMy WebLinkAboutC36621 Extension Management and Staffing at the PD Aquatic Center (PDAC)CONTRACT NO. C36621 STAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT MEETING DATE: May 23, 2018 PREPARED BY: Johnny Terfehr, Management Analyst REQUEST: Request for approval to extend Contract No. C36620 for Professional Services to the Family YMCA of the Desert, Palm Desert, California, for management and staffing of the Palm Desert Aquatic Center for $165,000 plus reimbursement of all costs. 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; 2. Authorize the Mayor to execute the extension. If the above actions are approved, funds are available in the following accounts: Aquatic Contracted Labor, Prof - Other, Prof — Other, Admn Expenses, COGS - Food & Merchandise, Strateqic Plan Account No. 2424549-4802101 Account No. 2424549-4309000 Account No. 2424549-4309300 Account No. 2424549-4801100 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 Analvsis 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 April 26, 2018 - Staff Report Contract No. C36620 for Professional Services to Family YMCA of the Desert Page 2of2 resulting the YMCA of the Desert again being awarded the contract. The initial term of this new contract with the YMCA ends June 30, 2019. Since the opening of the facility the YMCA has done an excellent job managing and operating the facility for the City. The PDAC has a score of 4.5 out of 5 on TripAdvisor.com and 4 out of 5 on Yelp.com. The YMCA has continued its dedication to operating a safe facility, to providing a community oriented management philosophy, and to maintaining the facility in excellent condition. 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 first of four possible extensions. Fiscal Analvsis The YMCA is not requesting any increase in its management fee as approved in the original 2018/2019 contract. The costs included in this renewal contract and all associated reimbursement costs are included in the proposed 2019/2020 budget. G L REVIEW] DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER 3rt rgreaves Ryan Stendell an t Moore Lauri Aylaian Attorney Director of Community rector of Finance City Manager Development VENDOR: YMCA of the Desert 43-930 San Pablo Ave Palm Desert, CA 92260 ATTACHMENTS: Original Executed Agreement Amendment I I I y Of P N I M OESENi 1 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 �� �(� �``�•l) TEL:760 346-o6i1 info@cityofpalmdesert.org �f - �� " 'O June 11, 2018 Family YMCA of the Desert 43-930 San Pablo Avenue Palm Desert, California 92260 Dear Sir or Madam: Subject: Contract No. C36620 — Professional Services for Manaaement and Staffina of the Palm Desert Aauatic Center At its regular meeting of May 10, 2018, the Palm Desert City Council, by Minute Motion: 1) Awarded subject contract for Professional Services to Family YMCA of the Desert, Palm Desert, California, for management and staffing of the Palm Desert Aquatic Center; 2) authorized the Mayor to execute said agreement. Enclosed is a fully executed Agreement for your records. If you have any questions or require additional information,'please do not hesitate to contact us. Sincerely, RACHELLE D. KLASSEN, MMC CITY CLERK RDK:mgs Enclosure (as noted) cc/enc: Johnny Terfehr, Management Analyst Finance Department "mixr[o ox uau[x rxr[x 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 Proposal of Services) in connection with the management and operation of the City of Palm Desert Aquatic Center, Exhibit "B" (Request for Proposal for Contract No. C36620 issued January 10, 2018), and within the financial constraints of the Palm Desert Aquatic Center Program 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 all 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 available 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 qualified and shall be authorized or permitted under state and local law to perform 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 California. 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. CONTRACT 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 CITY 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, City 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 work and shall give all notices required 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, CONTRACT 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 laws, 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 shall 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. CONTRACT NO. C36620 In addition to the Fixed Management Fee, the CITY shall, on a monthly 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 Budget") amount without prior consent of the City Council. The Program Budget is included herein as Exhibit "C" (16) Aquatic Center Accounts: The Aquatic Center shall 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 shall 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 duplicate 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 all risk of loss therefore, including, but not limited to, damage, destruction, disappearance, theft, fraudulent, or any dishonest or unlawful act, or other CONTRACT 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 shall 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 manner 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 internal 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) adequate 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 CONTRACT 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 include: (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 total 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 on 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, or 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 shall be made available to the City at the Aquatic Center, unless the City and CONSULTANT agree upon another location. 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 CONTRACT 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 (16.7.2) 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 shall include sufficient detail to 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 shall 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 shall 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 audit to determine these sales, and CONSULTANT shall 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 CONTRACT 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 furnish 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 report. (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 shall be in Riverside County. If 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 shall be binding on the successors and assigns of the parties, but it shall not be assigned by the CONSULTANT without written consent of the CITY. CONTRACT 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 shall 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 all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, 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 or 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. CONTRACT 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 harmless 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 alleged 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 all 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 counsel 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 CONTRACT NO. C36620 shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers 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, and/or volunteers, for any and all legal 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 follows; (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. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of 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 approval 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 /t} e SABBY , M A-y7R Date: 6& • 0 3 • a-OI y ATTEST: R E D. KLAS N. CITY CL RK CITY OF PALM DESERT, CALIFOANIA APPROVED AS TO CONTENT: RYAN STENDELL Director of Community Development FAMILY YMCA T ESERT uthorized Signature Date: S4 I— / 9 is i W THARP- EA City A ornej� P« AA�' 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, 2019. 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, 2019 through June 30, 2020." 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 day of .2019. CITY OF PALM DESERT A Municipal Corporation Susan Marie Weber City of Palm Desert Attest: Rachelle D. Klassen, City Clerk CITY OF PALM DESERT, CALIFORNIA Approved as to Form: Robert W. Hargreaves, City Attorney Family YMCA of the Desert Robert Ballew, C.E.O. Approved as to Content: Johnny Terfehr, Management Analyst CONTRACT NO. 06621 CONTRACTOR NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } On 20 , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 official seal. Signature (Seal) CITY NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } On 20 , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 official seal. Signature (Seal)