HomeMy WebLinkAboutC32410 - CA1 - DRD Annual Park Svcs CONTRACT NO. C32410
STAFF REPORT
CITY OF PALM DESERT
COMMUNITY DEVELOPMENT DEPARTMENT
MEETING DATE: February 22, 2018
PREPARED BY: Johnny Terfehr, Management Analyst
REQUEST: Request for approval of Amendment No. 1 to Contract No. C32410 with
Desert Recreation District for Annual Park Services.
Recommendation
By Minute Motion:
1. Approve Amendment No. 1 to Contract No. C32410 incorporating the
following revisions:
a. Remove Section 5.2.2 Field Reservation Management Fee.
b. Replace Exhibit B Contract Labor Pricing Matrix with a revised five-
year pricing matrix that incorporates increased labor costs resulting
from increases in the California minimum wage.
c. Revise Exhibit A to include Portola Community Center staffing
services.
2. Authorize additional costs up to $30,000 for the Fiscal Year 2017-18,
due to the adjustment in pricing contemplated herein, and appropriate
the amounts necessary up to $30,000 to the professional services
accounts for the Civic Center Park and Portola Community Center.
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 staffs recommendation will provide the DRD with an updated pricing matrix,
which accounts for the impacts of the state's increases in minimum wages. The approval
also incorporates the Portola Community Center staff, which previously was accounted for
under a separate agreement. Staffs recommendation will streamline operations and
authorize funding to continue supervision and custodial services at current levels.
February 22, 2018 - Staff Report
Contract No. C32410 Amendment No. 1 - Desert Recreation District
Page 2 of 3
Background Analysis
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
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 such as cleaning, supervising, and monitoring.
The City's current contract with the DRD at the Civic Center is a cost-plus-15-percent
agreement that is effectively and transparently accomplishing the City's goals. Under this
agreement, the DRD is committed to a scope of work within a set of defined parks and
invoices the City in the arrears for actual costs, plus 15 percent at an hourly rate established in
2012.
Portola Community Center(PCC) Staffing:
The DRD currently provides administrative staffing at the PCC between the hours of 8:00 am
and 8:30 pm, and is managed through the Special Programs Department of the City. The DRD
staff member assists users of this facility and coordinates all of the reservations of City Park
facilities. In 2012, the DRD and City agreed to split the salary of this position between the
Parks Operations Contract (C32410) and an account set up for the management of the PCC.
The intent was to recognize that this position serves the functions of both the PCC and Parks
Operations. The DRD has evaluated their operations at the PCC, and the current agreement is
resulting in a loss of approximately $20,000 annually. The DRD is requesting that the City
incorporate the staffing of the PCC into one agreement as a way to simplify and streamline
their accounting efforts.
February 22, 2018 - Staff Report
Contract No. C32410 Amendment No. 1 - Desert Recreation District
Page 3of3
Fiscal Analysis
Below please find a detailed analysis of each of staffs above-recommended actions:
a. Removal of Section 5.2.2 (Contract No. C32410): Results in a decrease of$40,644.68
related to the annual facilities management fee, which will be reallocated to PCC
staffing services.
b. Replace Exhibit B Contract Labor Pricing Matrix: Due to minimum wage increases
required by state law, the DRD has provided the attached five-year matrix and is
requesting a contract amendment to replace the existing Exhibit B. In the first year, the
increase for Parks Operations is estimated to be $18,119. Each subsequent year for
the five-year contract will see an increase of approximately 2.5 percent(commensurate
with minimum wage increases).
c. Revise Exhibit A to include PCC staffing services: Between the two accounts
(1104610 & 1104344), the City currently expends approximately $80,000 for current
services. Staff is recommending consolidation of both funds and a contract amendment
that result in a net increase of$19,935 in year one. Each subsequent year for the five-
year contract will see an increase of approximately 2.5 percent (commensurate with
annual minimum wage increases).
Based on current workloads, the City expends approximately $405,000 per year for the
combined services Park Operations and the Portola Community Center. If approved and
workloads remain stable, staff estimates the total annual fiscal impact in FY 2017/2018 of
approximately$38,000. The total projected increase over the five-year period is approximately
$195,000.
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER
1•1 /It C,04/it
Ryan Stendell
Robert W. Hargreaves Director of Community Moore Lauri Aylaian
City Attorney Development Director of Finance Cit Manager
APPLICANT: Desert Recreation District.
45-305 Oasis Street
Indio, CA 92201
ATTACHMENTS: 1. Executed Copy of Contract No. C32410
2. Proposed Amendment to Agreement
3. Proposed Exhibit B
4. Desert Recreation District Correspondence
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
Y. A
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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.
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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.
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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. Compliance 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:
i. 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 Employers' 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 employee(s) not otherwise protected must be obtained
before any of those employee(s) commence performing any portion of the
Services. (Refer to chart below.)
Type of Coverage Minimum
Requirement
Commercial General Liability Insurance and Any Auto
Automobile Insurance, including Bodily Injury, Personal Injury,
Property Damage, Advertising Injury, and Medical Payments
Each Occurrence $1,000,000
General Aggregate $2,000,000
Professional Liability—not required $ -0-
Workers Compensation (per accident or disease) Statutory Limits
Employer's Liability—not required $-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 5
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
4844-565640912.1 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. Emereencv 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 General Manager
City of Palm Desert Desert Recreation District
73-510 Fred Waring Drive 45-305 Oasis St.
Palm Desert, CA 92260 Indio,CA 92201
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CONTRACT NO. C32410
15. Force Majeure. 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. Interpretation 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.
4844-5656-0912.1 9
CONTRACT NO. C32410
CITY OF PALM DESERT
By: /4/S. - Dated: November 15, 2012
Mayor
ATTEST:
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Ci'' ler
Appro to form:
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City Atto r
4844-565640912.1 10
CONTRACT NO. C32410
DESERT RECREATION DISTRICT
By: A Dated: Z/S'//
Presi nt
ATTEST:
rk of the 1 trict
Approved as to form:
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Gener ounsel
4844.5656-0912.1 11
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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person(*), or the entity upon behalf of which the
person(*) acted, executed the instrument. •
., M.G.SANCHEZ :.
ti`.; Commission s 1905339 I certif under PENALTY OF PERJURY under the
1 i :T.,x Notary Public-California g Y
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s'yR% Riverside County + laws of the State of California that the foregoing
T"" M Comm.Ex Ires Oct 29.2014
paragraph is true and correct.
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WITNESS my hand and o ' seal. 4
Signature: ii 'Avid
Place Notary Seal Above S'7
% OPTIONAL
Though the information below is not required by law, it may prove valuable to per •ns relying on e docum•nt
and could prevent fraudulent removal and reattachment of this •rm t• another docum:nt.
Description of Attached Document Tern? 7/1r/ 9�i
Title or Type of Document: C'3 WO- �JeSeY>' �Q U eCl 017 C�1Sfr1Cf Juhr. ee, a0/7
Document Date: WO vein /5, ;96/J- Number of Pages:
Signer(s)Other Than Named Above: N1
Capacity(ies)Claimed by Signer(s)
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Signer's Name: Robert A. Spiegel Signer's Name:
❑ Corporate Officer—Title(s): ❑C. rate Officer—Title(s):
❑ Individual RIGHT THUMBPRINT ❑Individ . HIGHT THUT:HPRINT 1
% OF SIGNER OF SIGNER :.
❑ Partner—❑Limited 0 General Top of thumb here ❑Partner—► imited 0 General Top of thumb here
' ❑ Attorney in Fact ❑Attorney in Fact
Trustee ❑Trustee ,.
❑ Guardian or Conservator 0 Guardian or Conservator
Other: Mayer ❑Other:
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Signer Is Representing: Signer Is Representing: ,,
City of Palm Desert
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0 2009 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item 15907
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.
3. 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.
4844-5656.0912.1 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.
4844-5656-0912.1 13
CONTRACT NO. C32410
12. Specific Duties for the skate park:
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.
4844-5656-0912.1 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 CONTCT
RA N0. C32410
( 'its of. Palm 1)cxcrt Park In untorx
Park
Facility Park Classification Acreage Owner/ Amenities
Name Administrator
Current
Parks
Cahuilla Hills Open Space 26+/- City 5,6,11,14,16,20
Cap Hrnnme/
Ralph Adams Open Space 27+/- City 14,16,20
Park
Civic Center Regional 70+/- City 1,2,3,4,5,6,8,11,12,13,14,15,17,18,19,22
Park
Community Neighborhood 1+/- 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 Community 15+/- City 2,7,8,9,10,11,13,14,15,21
Park
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 Neighborhood 8+/- City/School District 1,3,7,8,11,14,15
Falls Park
Palma Village Neighborhood 1.37+/- City 2,4,8,11,14,15
Park
University Neighborhood 2.25+/- City 11,17
Dog Park
University Neighborhood 2+/- City 2,8,11,14,15
Park East
Washington
Charter School Neighborhood 2+/- School District 2,7,8,14,15
Park
Future Parks
Tortola&I-10 Regional 20+/- City TBD
Park
University Neighborhood 4.2+/- City TBD
Park Central
University Neighborhood 2.1+/- City TBD
Park West
Amenities
1=Baseball 6=Pickleball 11=Restrooms 16=Hiking Trails 21=Frisbee Golf
2=Basketball 7=Soccer 12=Amphitheater 17—Dog Park 22=Comnasnity Center
3-Football 8=Open Grass/Turf 13-Concessions 18=SkateWBMX 23"Carden Plots
4=Volleyball 9=Horseshoes 14=Picnic Area 19-Aquatic Center
5=Tennis 10=Petanque 15=Playground 20-Native Open Space
4844-5656-0912.1 17
CONTRACT NO. C32410
Park Classification: Janitorial Services: Ambassador Services:
Neighborhood Park: 1 1,2,3,4
Open Space Park: N/A 1,2,3,4
Community Park 1,3 1,2,3,4,5,6,7,8,9
Regional Park 1,3 1,2,3,4,5,6,7,8,9
2,3 1,2,3,4,5,6,7,8,9,10,11,12,13,14
Regional-Civic-Center Park: 15,16
Janitorial Services: Ambassador Activities:
1=Daily Restroom janitorial services including
but not limited to:cleaning all toilets,sinks, 10=Provide dedicated skate park
floors,walls,stall dividers,emptyingtrash l=Continously monitor&patrol city
parks attendant during skate park
receptacles,stocking of supplies,and operating hours
documentation of all activities.
2=1.5 Daily Rcstroom janitorial services
including but not limited to:cleaning all toilets, 11=Remove litter,trash and debris
sinks,floors,walls,stall dividers,emptying trash 2=Pickup trash,litter and debris during attached to any floors or walls at
receptacles,stocking of supplies,and supervisory visits skate park.
documentation of all activities.
3=Event driven or as needed Restroom 3=Inform park users of all applicable city
janitorial services including but not limited to: ordinances,when necessary coordinate 12=Powerwash entire skate park
cleaning all toilets,sinks,floors,walls,stall
dividers,em n trash rece tacles stockin of with local authorities(i.e.Code facility quarterly
g p g Compliance,Police,Animal Control)
supplies,and documentation of all activities.
4=Thoroughly document,and report to 13=Wash skate park tables and
the City all supervision activites and
accurrences benches every other day.
5—Administer and enforce the parks 14=Administer the skate park
facilities reservations system registration card process.
6=Make contact with all guests with 15=Assure that all skate park users
reservations and instruct guests on
regulations posses a valid user card.
7=Post field and shelter reservations 16=Assure that all skate park users
abide by all rules and regulations.
8=Inspect reserved facilities after
usage to determine compliance
9=Coordinate sports lighting with
Musco,based on field useage
4844-5656.0912.1 18
CONTRACT NO. C32410
AMENDMENT TO AGREEMENT
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 ("Agreement"), the parties wish
to amend the Agreement effective February 22, 2018.
NOW, THEREFORE, the parties agree as follows:
A. Add section to Exhibit "A" entitled "Portola Staffing Services" and;
• Provide secretarial services from 8:00am to 8:30pm, Monday through Friday.
• Organize and schedule all non-profit groups at the Portola Community Center,
collect required paperwork, initiate and administer service agreements and
send complete reports every 6 months.
• Assist Citizens on Patrol program with all vacation check paperwork.
• Administer facility use agreements and schedule field space for Palm Desert
fields, including; 8 baseball fields, 7 soccer fields, 1 football field
• Daily cash handling and daily deposits.
• Light housekeeping on a daily basis.
B. Replace Exhibit "B" — Pricing Matrix with revised Exhibit "B" — Pricing Matrix dated
February 1, 2018.
C. Remove section 5.2.2 FIELD RESERVATION MANAGEMENT FEE
D. Modify section 5.3 to read "For Supervisory, Janitorial, Portola staffing, and Skate Park
staffing services"
E. 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 , 2017.
CITY OF PALM DESERT DESERT RECREATION DISTRICT
A Municipal Corporation
Sabby Jonathan, Mayor Kevin Kalman, General Manager
City of Palm Desert
Attest: Approved as to Content:
CONTRACT NO. C32410
Rachelle D. Klassen, City Clerk Ryan Stendell
CITY OF PALM DESERT, CALIFORNIA Director of Community Development
Approved as to Form:
Robert Hargreaves, City Attorney
CONTRACT NO. C32410
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)
EXHIBIT B -PRICING MATRIX (FEBRUARY 1, 2018)
Service 1/1/17 1/1/18 1/1/19 1/1/20 1/1/21 1/1/22
Park Ambassador(hourly $21.78 $22.32 $22.88 $23.45 $24.04 $24.64
fees)
Janitorial Fee Custodian $34.14 $34.99 $35.87 $36.76 $37.68 $38.62
(hourly fees)
Skate Park Fee $16.12 $16.92 $17.77 $18.66 $19.59 $20.57
Recreation Leader(hourly
fees)
Lead Park Ambassador $33.18 $34.00 $34.86 $35.73 $36.62 $37.53
(hourly fees)
Recreation Specialist $35.78 $36.67 $37.58 $38.51 $39.47 $40.45
(hourly fees)
Senior Recreation Leader $20.34 $20.84 $21.36 $21.89 $22.43 $22.99
(hourly fees)
Recreation Leader(hourly $19.26 $19.74 $20.23 $20.73 $21.24 $21.77
fees)
EXTRA WORK: CONTRACTOR shall provide the staff and equipment to perform the following additional
work at the prices indicated below.
Additional service 1/1/17 1/1/18 1/1/19 1/1/20 1/1/21 1/1/22
Pressure wash restroom interior $75.22 $77.10 $79.02 $81.00 $83.02 $85.10
Pressure wash Dog Park $62.61 $64.17 $65.78 $67.42 $69.11 $70.84
Clean a tennis court with a water $52.61 $53.92 $55.27 $55.66 $58.07 $59.52
broom per ct. per ct. per ct. per ct. per ct. per ct.
Clean a basketball court with a $52.61 $53.92 $55.27 $55.66 $58.07 $59.52
water broom per ct. per ct. per ct. per ct. per ct. per ct.
Drag and water baseball field infield $62.61 $64.17 $65.78 $67.42 $69.11 $70.84
per field per field per field per field per field per field
Pressure wash playground $145.22 $148.85 $152.57 $156.38 $160.29 $164.30
Additional labor(per hour)
,.
..
City of Palm Desert
Lauri Aylaian, City Manager
73510 Fred Waring Drive
Palm Desert,CA 92260
RE: Contract No. C32410,impacts of minimum wage
Dear Mrs. Aylaian:
The City of Palm Desert and the Desert Recreation District(DRD)have for many years shared a successful
partnership in providing recreation services to our constituents. This letter intends to reaffirm DRD's
interest in continuing our formal working partnership with the City of Palm Desert and the contracted
services listed in Agreement number C32410.
District-wide the DRD has been evaluating the impacts of mandated rises in minimum wages.Our studies
have indicated there are several billing rates which need to be amended.Attached is an amended Exhibit
B from our operations contract reflecting our proposed 5-year plan, which we are transmitting for your
review.No changes have been proposed to the Facility Reservation Management Fee.Below you will find
the pertinent language related to pricing increases found in our operations agreement:
Agreement Number C32410
Between the City of Palm Desert and the Desert Recreation District
For Certain Park and Recreational Services
Section 5.1.2 Pricing Matrix and Exhibit B
The amounts payable to DRD shall increase annually without further action by either party
based upon the Consumer Price Index or inflator adopted by City for Increases in its fees.
In the event of an unexpected increase in the supplies or materials(such as gasoline)DRD
my request a one-time increase in fees to meet such increased costs.
I want to thank the City for our continued partnership with the DRD and would be happy to discuss this
matter with you further if so desired.
inter ly,
°"V
Kevin Kalman
General Manager,Desert Recreation District