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HomeMy WebLinkAboutC29400B Management and Operations of the Palm Desert Aquatic CenterCITY OF PALM DESERT DEPARTMENT OF PUBLIC WORKS CITY COUNCIL STAFF REPORT REQUEST: AWARD CONTRACT NO. C29400B TO THE FAMILY YMCA OF THE DESERT FOR ANNUAL MANAGEMENT AND OPERATIONS OF THE PALM DESERT AQUATIC CENTER SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Family YMCA of the Desert 43-930 San Pablo Avenue Palm Desert, CA 92260 DATE: February 10, 2011 CONTENTS: Contract (includes Proposed Operations Budget) RFP Documents/Scoring Sheet Proposed Startup Budget Ballard King Report Recommendation By Minute Motion: 1. Authorize the award of Contract No. C29400B to the Family YMCA of the Desert (YMCA) for annual management and operation services; 2. Authorize expenditures associated with startup operations in the amount of $101,871; 3. Appropriate $101,871 from the unobligated General Fund reserves to account 110-4199-499-5010 (Interfund Transfer Out) and Budget estimated revenue in new fund 242 for tracking the Aquatic Center; and 4. Appropriate $101,871 from unobligated Aquatic Center Fund to account 242-4549-454-3090. Executive Summary It is staff's recommendation that the contract and all related start up costs for management and operation of the Aquatic Center be awarded to the YMCA. The initial contract term will be from February 10, 2011, through June 30, 2012, with provisions for Staff Report Aquatic Center Management and Operations Contract No. C29400B February 10, 2011 Page 2 of 3 two one-year extensions if mutually agreed upon by both parties. The YMCA has conservatively projected a 42 percent recovery rate for the first full year of operations. Commission Recommendation At its October 5, 2010, meeting the Parks and Recreation Commission reviewed the draft RFP for the management and operations contract. The Commission wished to remain involved throughout the process as operations is crucial to the success of the Aquatic Center. The Commission inquired if a member could sit in on the interview process to gain a better understanding of the candidates. Commissioner Houskens was selected to sit in on the final interviews and report back to the Commission. At its December 7, 2010, meeting the Parks and Recreation Commission reviewed staffs' recommendation that the YMCA be selected as the operators of the Aquatic Center. Staff indicated that three of the four original proposers were interviewed and that the YMCA had emerged as the clear leader. Commissioner Houskens reported that it was very interesting to see the various proposals. While every proposer had great ideas, it was clear that the YMCA's focus on safety and community -based recreation resonated with all reviewers. The Commission, by unanimous vote, approved staffs' recommendation for the YMCA as the operator for the Aquatic Center. Background On June 24, 2010, the City Council authorized staff to begin the RFP process for the management and operations of the Aquatic Center. The RFP was released on October 6, 2010, and provided proposers six weeks in which to prepare proposals. The RFP contained a two phase review process beginning with the submittal of a proposed business plan for the Aquatic Center, and concluding with a final interview process. Staff received four proposals at the end of this six week period. After reviewing the four proposals, the staff review committee selected YMCA, Kemper Sports, and Landmark Golf to participate in the final interview process. During the final interviews, the review panel heard many great ideas including hosting major events, bringing in corporate sponsors, and ways to involve the community in the complex. The review panel consistently ranked the YMCA as the top proposer. The following is a matrix of the overall scoring: Proposer Overall Score Family YMCA of the Desert 81.68% Landmark Golf 72.83% Kemper Sports 72.63% Since being selected as the top candidate for the management and operation of the Aquatic Center, the YMCA has been developing a one-year operating budget and revenue projections. The YMCA has been very cautious throughout the negotiations process, identifying that they are approaching these estimates extremely conservatively. Staff Report Aquatic Center Management and Operations Contract No. C29400B February 10, 2011 Page 3 of 3 Staff has negotiated with the YMCA and is proposing a contract that provides a monthly management fee to the YMCA, but that also provides a percentage management fee as an incentive for exceeding targeted revenue goals. Under the terms of the contract, an annual program budget will be approved that cannot be exceeded without prior Council approval. This approach has been implemented at Desert Willow and has been successful. The YMCA was the clear leader throughout the RFP review process and continues to work diligently with staff to ensure the success of the Aquatic Center. The YMCA is currently gearing up for operations to begin on May 30, 2011, which is Memorial Day. The YMCA stated early in the RFP process that reaching a return of 60 percent will be difficult but is possible. Staff recommends award of the contract to the YMCA. Fiscal Analysis The YMCA has developed a draft operations budget based on the previously prepared Ballard King Report. Through a series of meetings and negotiations, staff and the YMCA agreed upon a year -one draft operations budget (included as an exhibit to the Contract). The draft budget for the first year of operations projects expenditures of $1,289,264 against revenues of $540,735 resulting in a net loss of $748,529. This provides a conservative 42 percent rate of recovery. Staff and the YMCA believe revenues may be significantly higher if the Aquatic Center is programmed to its maximum potential. Prepared By: Ryan Stendell Senior Management Analyst Paul S. Gibson, Director of Finance Approved By: IN Depa Mark Greehwood, P.E Director ct Public Works CITY COUNCIL4TION APPROVED DENTED RECEIVED OTHER AYES: NOES: ABSENT: ABSTAIN: VERIFIED BY. - Original on File with City Cle ' Office * Approved the recommendation with the Amended Program Budget figures for the Annual Management and Operation Services as outlined in Exhibit B and appropriate said funds. 5-0 MANAGEMENT & OPERATIONS AGREEMENT THIS MANAGEMENT & OPERATIONS AGREEMENT ("Agreement"), made and entered into this 10th day of February , 2011, 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". The CITY and CONSULTANT are sometimes collectively referred to as "Parties" and individually referred to as "Party." The Agreement is made in light of the following Recitals: RECITALS WHEREAS, CONSULTANT is a California non-profit public benefit corporation, experienced in managing and operating recreational facilities in the Coachella Valley; Fes, WHEREAS, CITY desires to engage CONSULTANT to operate and manage the Aquatic Center as set forth in Exhibit "A" (CONSULTANT'S Proposal of Services) upon the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual promises set forth herein, and in light of the above Recitals, which are hereby made a part of this Agreement, the parties hereto agree as follows: AGREEMENT (1) TERM: (1.1) The term of this Agreement shall commence on January 14, 2011 ("Commencement Date") and continue through June 30, 2012 ("Termination Date") Notwithstanding the foregoing, however, either Party may terminate this Agreement without cause at any time by delivery to the other Party of 90 days written notice. Either Party may terminate this Agreement for cause at any time by delivery to the other Party of 30 days written notice. 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 provide copies of original timecards in the event of termination or suspension. (1.2) The CITY, at its option, may extend the term of this Agreement for up to two 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) CONSULTANT'S RESPONSIBILITIES: Without in any way limiting CONSULTANT'S right to manage and operate the Aquatic Center in accordance with the terms of this Agreement, CONSULTANT shall perform the following services, or cause the same to be performed for the Aquatic Center, and all expenditures of CONSULTANT and costs and expenses incurred by CONSULTANT in performing K these services shall be expenses of the Aquatic Center, which expenses of the Aquatic Center shall be paid by the City: (2.1) manage and operate the Aquatic Center, including but not limited to, all pool areas, play features, concessions, restrooms/locker facilities, multi -use rooms, and related facilities. (2.2) maintain financial operations including, but not limited to, budgeting, payroll collecting, reporting and accounting for all revenues and expenditures. training. (2.3) sustain day-to-day Aquatic Center operation, including staffing and (2.4) develop programs including recreational and lap swimming, swim lessons, water aerobics, water sports, and other programs necessary to meet the needs of the community and/or generate revenue. (2.5) perform facility marketing for daily activities, rentals, private parties and coordination of large scale special events. (2.6) procure all materials, labor, supplies, licenses, and equipment necessary for the efficient operation of the Aquatic Center. (3) PERSONNEL: (3.1) CONSULTANT represents that, it employs or will employ, all personnel required in performing the services under this Agreement. 3 (3.2) 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. (3.3) 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. (3.4) 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 be 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. 4 (4) 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. (5) FIXED MANAGEMENT FEE; REIMBURSEMENT FOR EXPENSES: The CITY agrees to pay the CONSULTANT a monthly fixed management fee of $ ("Fixed Management Fee"). The Fixed Management Fee shall be paid monthly, in arrears, within 30 days of receipt of the invoice. 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 "B" (6) PERCENTAGE MANAGEMENT FEE. In addition to the Fixed Management Fee, for the period from the date of this Agreement to expiration of its term, CONSULTANT shall receive a "Percentage Management Fee" equal to fifty percent of the amount by which the Gross Revenues of the portions of the Aquatic Center operated by CONSULTANT exceeds the Threshold Amount; provided that in no event shall the Percentage Management Fee in any one Operating Year exceed an amount equal to twelve months cumulative total of Fixed Management Fee. The Threshold Amounts are as follows: 5 Desired Percentage Management Fee Year Recovery Threshold Amount Rate Year One (FY11 /12) 46% $ 593,061.44 Year Two FY12/13 48% $ 618,846.72 Year Three FY13/14 53% $ 683,309.92 Year Four FY14/15 56% $ 721,987.84 Year Five FY15/16 60% $ 773,558.40 The Percentage Management Fee shall be paid to CONSULTANT annually, in arrears, within 45 days following CONSULTANT Delivery to the CITY of the annual statement required by Section 7.7.2 below, and shall be based on the Gross Revenues for the Operating Year covered by such statement. In the event of any corrections to any monthly or annual statements, the Parties shall promptly make the necessary adjustments between themselves. Any Percentage Management Fee owing as of the expiration or earlier termination of this Agreement shall be payable concurrently with the delivery to the CITY of the final statement per Section 7.7.2 hereof. (6.1) Gross Revenues Defined. For the purpose of determining the Percentage Management Fee, the term "Gross Revenues" means all money received as a result of the operation of the Aquatic Center and the sale of goods and services at the Aquatic Center, determined on a cash basis in accordance with generally accepted accounting principles consistently applied. Gross Revenues shall include all forms of entry fees, rental fees, program/instruction fees, rental and concession payments, food and beverage sales, revenue generated from space rentals and from meetings, n banquets, parties, tournaments, and other group gatherings, and merchandise sales. The following shall be excluded from Gross Revenues: • Cost of goods returned • Monies and or credits received in settlement of claims for loss or damage to goods, wares, food, or merchandise. • Compensation paid to program instructors providing lessons and related services, who are not employees of the CONSULTANT • Credit card carrying charges • All sales taxes, admission taxes, use taxes, so-called luxury taxes, entertainment taxes, value added taxes, excise taxes, gross receipt taxes, and similar taxes, whether imposed under any existing or future rules, regulations, laws or ordinances, upon the sales of food, beverages, merchandise or services and whether or not added to or included in the selling price. • Delivery Charges • Interest, service or sales carrying charges paid by customers for extension of credit on sales. • Any receipts from the transfer of goods, wares or merchandise from the Aquatic Center to any other store owned by CONSULTANT or the CITY. proceeds. • Bad debts and bad checks. • Proceeds of insurance, except business interruption insurance • Receipts from sales to employees at a discount. 7 • Proceeds from the bulk sale of any merchandise (i.e., a sale not made in the ordinary course of business). • Proceeds from the sale of fixtures or equipment. • Any amount received by CONSULTANT in connection with any claim, demand, or lawsuit. • Initial operating funds in the Aquatic Center accounts and funds subsequently provided by the CONSULTANT, if any. (7) 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. (7.1) 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. (7.2) 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 the risk of loss for such monies and other things of value to the extent the loss is caused by the negligence of CONSULTANT or the intentional acts of any of CONSULTANT'S employees. The CITY shall bear the risk of loss for all other losses of such monies and things of value. 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. (7.3) 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. (7.4) 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. (7.5) 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 accurate books of account and such other records as are necessary to reflect the results of the operation E of the Aquatic Center. For this purpose, CONSULTANT agrees it will make available to the CITY upon reasonable request and during normal business hours all books and records in CONSULTANT'S possession 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. 10 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. (b) Entry of each and every Aquatic Center user's name on an entry (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. (7.6) The CITY or its authorized agents, auditors, or representatives shall have the right upon reasonable request and 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 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. (7.7) CONSULTANT shall deliver to the CITY the following financial statements, in a form reasonably acceptable to the CITY: (7.7.1) Within 20 days after the end of each calendar month, a statement of Gross Revenues, showing the results of operation of the Aquatic Center 11 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 certified as correct by an authorized financial officer of CONSULTANT; and (7.7.2) 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 12 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 7.5 or 7.6) is found to be three percent or greater than the amount of the Gross 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. (7.8) CONSULTANT shall provide the CITY with all computerized data in a format acceptable to the designee of the CITY. (8) 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. (9) ATTORNEY FEES: In the event that any judgment is entered in any action upon this Agreement, the Party hereto against whom such judgment is rendered agrees to pay the other Party an amount equal to the reasonable attorneys fees and court costs actually incurred by other Party in such action and that such amount may be added to and made a part of such judgment. 13 (10) SUCCESSORS AND ASSIGNS: 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. (11) INDEPENDENT CONTRACTOR: The CONSULTANT shall be an independent contractor, not an employee of the CITY. (12) APPLICABLE LAW: This Agreement shall be construed and interpreted in accordance with, and shall be governed by, the laws of the State of California. The Parties agree that the Superior Court of the State of California, County of Riverside shall have jurisdiction of any litigation between the Parties relating to this Agreement. The CONSULTANT shall comply with all federal, state and local laws, ordinances and regulations applicable to work. (13) MODIFICATIONS AND CHANGES: 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) INSURANCE. (14.1) Time for Compliance. CONSULTANT shall not commence Services under this Agreement until it has provided evidence satisfactory to the CITY that it has secured all insurance required under this Section. In addition, CONSULTANT shall not allow any subcontractor to commence work on any 14 subcontract until it has provided evidence satisfactory to the CITY that the subcontractor has secured all insurance required under this Section. (14.2) Minimum Requirements. CONSULTANT shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by CONSULTANT, its agents, representatives, employees or subcontractors. CONSULTANT shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (14.2.1) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (A) General Liability: Insurance Services Office Commercial General Liability Coverage (occurrence form CG 0001); (B) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (C) Workers' Compensation and Employers' Liability: Workers' Compensation Insurance as required by the State of California and Employer's Liability Insurance. (14.2.2) Minimum Limits of Insurance. CONSULTANT shall maintain limits of no less than: (A) General Liability: $10,000,000 per occurrence for bodily injury, personal injury and property damage and $20,000,000 in general aggregate. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required 15 occurrence limit; (B) Automobile Liability: $10,000,000 per accident for bodily injury and property damage; and (C) Workers' Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. (14.3) Insurance Endorsements. The insurance policies shall contain the following provisions, or CONSULTANT shall provide endorsements on forms supplied or approved by the CITY to add the following provisions to the insurance policies: (14.3.1) General Liabilitv. The general liability policy shall be endorsed to state that: (A) the CITY and its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services performed by or on behalf of CONSULTANT, including materials, parts or equipment furnished in connection with such work; and (B) the insurance coverage shall be primary insurance with respect to the CITY and its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of CONSULTANT'S scheduled underlying coverage. Any insurance or self- insurance maintained by the CITY and its directors, officials, officers, employees, agents and volunteers shall be excess of CONSULTANT'S insurance and shall not be called upon to contribute with it. (14.3.2) Automobile Liabilitv. The automobile liability policy shall be endorsed to state that: (A) the CITY and its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, iL� leased, hired or borrowed by CONSULTANT or for which CONSULTANT is responsible; and (B) the insurance coverage shall be primary insurance with respect to the CITY its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of CONSULTANT'S scheduled underlying coverage. Any insurance or self-insurance maintained by the CITY and its directors, officials, officers, employees, agents and volunteers shall be excess of CONSULTANT'S insurance and shall not be called upon to contribute with it. (14.3.3) Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the CITY and its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by CONSULTANT. (14.3.4) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the CITY; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the CITY and its directors, officials, officers, employees, agents and volunteers. (14.3.5) Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the CITY and its directors, officials, officers, employees, agents and volunteers. 17 (14.4) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the CITY. (14.5) Verification of Coverage. CONSULTANT shall furnish CITY with original certificates of insurance and endorsements affecting coverage required by this Agreement on forms satisfactory to the CITY. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the CITY before work commences. (15) CONFLICTS OF INTEREST: 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. The CONSULTANT hereby covenants that it has, at the time of this Agreement, no interest, and that it 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. (16) INDEMNITIES: (16.1) CONSULTANT'S Indemnity: CONSULTANT agrees to indemnify, defend (with counsel reasonably acceptable to CITY), protect, and hold harmless the CITY, and all CITY Personnel from and against any and all claims, demands, actions, lawsuits, proceedings, damages, liabilities, judgments, penalties, fines, attorneys' fees, costs and expenses: (16.1.1) which result from any action taken by CONSULTANT relating to the Aquatic Center (i) that is expressly prohibited by this Agreement, or (ii) that is not within the scope of CONSULTANT'S duties under this Agreement, or (iii) that is not within CONSULTANT'S delegated authority under this Agreement; or (16.1.2) which result from any violations by CONSULTANT or CONSULTANT'S agents, employees, invitees, contractors, subcontractors or assignees of any law, ordinance, rule or regulation governing or otherwise affecting the business operations of CONSULTANT or CONSULTANT'S performance of services and obligations under this Agreement; or (16.1.3) which result from any injury or death of any person (including, without limitation, injury or death of CONSULTANT'S employees, agents, visitors, invitees, assignees, contractors or subcontractors within CONSULTANT'S control) or damage or destruction of the property of any person or entity which occurs by reason of the negligent actions or omissions or willful misconduct of CONSULTANT or 19 CONSULTANT'S agents, employees, invitees, contractors, subcontractors, or assignees, or material breach or default by CONSULTANT or CONSULTANT'S agents, employees, invitees, contractors, subcontractors, or assignees, in performance of CONSULTANT'S services under this Agreement or otherwise caused by the negligent actions or omissions or willful misconduct of CONSULTANT or CONSULTANT'S agents, employees, invitees, contractors, subcontractors, or assignees; or (16.1.4) which result from any other act or omission not enumerated above constituting the negligence or willful misconduct by CONSULTANT or any officer, director, or employee of CONSULTANT; or (16.1.5) for any costs, fees, fines or losses that may result from environmental contamination or natural resource damage on the subject property if caused by CONSULTANT'S performance in storing, using or disposing of hazardous or toxic substances or materials or wastes such as, but not limited to, herbicides, pesticides, algaecides or other water treatment chemicals. This indemnity provision shall survive the expiration or termination of this Agreement. CONSULTANT hereby stipulates and agrees that no condition precedent to its indemnification obligations stated herein, whether by way of notice or otherwise, exists or shall constitute a defense to its obligation to defend, indemnify and hold harmless the CITY, and the CITY Personnel in any such circumstances. (16.2) CITY'S Indemnity: The CITY agrees to indemnity, defend (with counsel reasonably satisfactory to CONSULTANT), protect, and hold harmless CONSULTANT and its owners, officers, directors, and employees from and against any and all claims demands, actions, lawsuits, proceedings, damages, liabilities, judgments, 20 penalties, fines, attorneys' fees, costs, and expenses arising from (i) any act or omission to the extent caused by the negligence or willful misconduct by the CITY or any officer, director, employee, or agent of the CITY, (ii) ownership, leasing, organization, development or construction of the Aquatic Center, (iii) any environmental contamination conditions that are the result of the presence of hazardous or toxic substances or materials or wastes that were pre-existing before this Agreement between CONSULTANT and CITY first executed, and which may be uncovered or discovered during or after the term of this Agreement, or if present at the Aquatic Center by any cause other than CONSULTANT'S performance in storing, using or disposing of hazardous or toxic substances or materials or wastes, such as, but not limited to, herbicides, pesticides, algaecides or other water treatment chemicals, (iv) claims by third parties against CONSULTANT arising from any other actions or omissions of the CITY, City personnel, or others for whom any of them are responsible or (v) claims which result from any other act or omission not enumerated above constituting the negligence or willful misconduct by CITY or any officer, director, or employee or official of CITY. This indemnity provision shall survive the expiration or termination of this Agreement. CITY hereby stipulates and agrees that no condition precedent to its indemnification obligations stated herein, whether by way of notice or otherwise, exists or shall constitute a defense to its obligation to defend, indemnify and hold harmless the CONSULTANT, and CONSULTANT's owners, officers, directors, and employees in any such circumstances. 21 (17) In case of conflicts within the contract documents, the document precedence shall be as follows: (a) This Agreement; (b) Exhibit "A" (CONSULTANT'S Proposal of Services, and any written modifications thereto). IN WITNESS WHEREOF, said Parties have executed this Agreement the date first hereinabove written. CITY OF PALM DESERT Municipal Corporation Cindy Finerty, Mayor Date: ATTEST: Rachelle Klassen, City Clerk APPROVED AS TO CONTENT: Mark Greenwood, P.E. Director of Public Works FAMILY YMCA OF THE DESERT Authorized Signature Date: David J. Erwin, City Attorney 22 I:VA:IWkd v_M CONSULTANTS PROPOSAL OF SERVICES 23 Family YMCA of the Desert Proposal to City of Palm Desert Aquatics Center Letter of Transmittal......................................................................................pg. 1 Management Approach (Blue Tab 1) Qualifications, Related Experience and References of Proposer ...................................pg. 2 Staff References, Resumes & Certifications Pleasesee attached appendix..................................................................pg. 2 Key Personnel Proposed to Perform Work............................................................pg. 5 Proposed Subcontractors.................................................................................pg. 7 Project Organization Chart Please see attached appendix..................................................................pg. 20 Statementof Intent........................................................................................pg. 8 Proposed On -Site Non -Management Staffing Levels.................................................pg. 8 Proposed Services (Blue Tab 2) Management and Operations of the Aquatics Center................................................pg. 12 Birthday Party Form Please see attached appendix..................................................................pg. 21 FinancialOperations....................................................................................pg. 14 Risk Management Please see attached appendix......................................................... :......... pg. 23 Policy Development Please see attached appendix................................................................pg. 48 Signing Philosophy Please see attached appendix................................................................pg. 57 Recruitment and Hiring Process......................................................................pg. 15 24 Day -to -Day Operation and Training..................................................................pg. 17 YMCA Safety Training Calendar Please see attached appendix................................................................pg. 61 Lifeguard Training Program and Lifeguard Rotation Process.....................................pg. 17 Program Development..................................................................................pg. 18 Aquatics Evaluation Please see attached appendix................................................................pg. 65 Membership and Program Registration Forms Please see attached appendix..................................................................pg. 66 Program Development Chart Please see attached appendix................................................................pg. 69 Marketing.................................................................................................pg. 20 Procurement Planning Proposed Services............................................................pg. 22 FeeStructure.............................................................................................pg. 23 MaintenancePlan........................................................................................pg. 23 Appendix (Blue Tab 3) 25 LETTER OF TRANSMITTAL TO: Ryan Stendell, Senior Management Analyst City of Palm Desert FROM: Family YMCA of the Desert A. Robert Ballew, CEO Family YMCA of the Desert 43-930 San Pablo Ave. Palm Desert CA, 92260 Telephone No.: 760-341-9622 Fax No. 760- 779-9651 E-Mail: Desertvmcacanna,Aol.Com B. N/A C. Received Addendum No. I D. Our proposal will remain valid for no less than 120 days from submittal. E. Signa f uth ed Representative Signiture of Authonzed YMCA Representative F. I attest Xe CinforrnatiorUn&s proposal is true and correct. fl. VVK - - Rob Ballew, CE amity YM of the Desert Page 1 26 Qualifications, Related Experience and References of Proposer The Family YMCA of the Desert is part of a nation wide system of YMCA's, with the original YMCA being founded in 1851. All YMCA's are independent 501 c3 non-profitorganizations and the national YMCA (YMCA of the USA) provides support, training and new program information to the local associations. The Family YMCA of the Desert is a community based organization which started in 1982. Currently, our organization has 42 program sites throughout the valley and daily we care for 3,342 children and our 351 employees are dedicated to building character in kids. In addition, all 28 members of the Board of Directors live in the Coachella Valley and support our efforts to build a stronger community. Moreover, our budget is $6 million and we are program based when it comes to funding our organization. In other words, we are not tax supported, we work to generate dollars through program fees, and less than 10% of our budget comes from donations. We are conservative in nature and put funds away in reserves for both operations and maintenance. It is the nature of the YMCA's to fund the operations through good fiscal controls and program income. The Family YMCA of the Desert is a not -for -profit organization and holds childcare service contracts with local school districts and with the California Department of Education (CDE). The YMCA receives grants from local city governments, private donations, membership fees, and program service fees. Furthermore, an annual audit of the financial statements are completed in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. This organization has not had any significant deficiencies in internal controls over the last five years and no material weaknesses or non-compliance materials have been rioted. In addition, The Family YMCA of Page 2 MA the Desert's current budget is $6,018,659.00. Moreover, as of June 30, 2010, net property and equipment totals are $237,305.00 and permanently restricted assets are at $56,482.00. As of June 20, 2010, revenue liability is'at $25,397.00 and as of October 31, 2010, reserve funds total $200,822.00. This organization does not have any conditions such as bankruptcy, office closures, mergers, or litigations that would adversely affect it. YMCA's have always led the charge in sports and exercise. Aquatics has been one of the strong points of the YMCA dating back to 1907 when the Detroit YMCA started the first organized swim lessons in the country. From 1907 to now the YMCA has taught more people to swim than any other organization in the country. The YMCA is a national leader in swim lessons, swim teams for all ages, water aerobics, diving lessons, scuba diving, water therapy and several other water related programs and The Family YMCA of the Desert has been providing swim lessons for the past 28 years. Our primary program focus has been pre-schools, after school child care and sports and fitness. Aquatics has been implemented in most of these programs. We were the only organization to work with all three school districts and offer free swim lessons to their high school students upon learning of the drowning of one of their students, at La Quinta High School, about five years ago. We were the first organization to offer free swimming lessons to the kids in the Coachella Valley by way of a grant from the Anderson Foundation. We have organized aquatic programs at the Desert Hot Springs pool, Palm Springs pool, Fritz Burns pool, Palm Desert High School pool and a number of special event lessons in private country clubs. We have provided lessons to over 600 kids each year. Beyond the basic swim lessons, our staff teaches first aid, CPR, senior life saving, and certifies both instructors and lifeguards. Our YMCA implemented water Page 3 9.1 aerobics, water walking for seniors, family fun nights, dive -in movies, dinner and a swim, competition stroke development, water polo clinics and many theme based private swim parties. Our YMCA has a great relationship with several non-profit youth groups and organizations throughout the valley which are able to take advantage of our aquatic programs. Within our existing aquatics staff we have two local graduates who were both female, high school all Americans in water polo, one of which went on to be captain of the USC water polo team and a NCAA all American and a member of the USA national team. We also have a volunteer who played for the men's USC water polo team, was a NCAA all American, a member of the Slovak national team and is now an assistant coach at USC form men's and women's water polo and swim. The CEO of the Family YMCA of the Desert has over 35 years of YMCA experience and aquatics has been part of each of his four YMCA assignments. The most noteworthy aquatics complex was an indoor 25 yd. x 8 lane pool and a 40 x 60 therapy and lesson pool. Our proposed key manager for the Palm Desert Aquatic Center is not yet an employee of the YMCA. The background, skill and accomplishments of this person will be stated later in the appendix of this RFP. The Family YMCA of the Desert has been a partner with the City of Palm Desert in several projects for the betterment of the community. The past experiences include the Jean Benson Pre - School, the Palm Desert Middle School teen center, the Lincoln Elementary after school and ASES programs and summer day camp. The Y has also been involved in several block grant projects, both capital and program based. To this date, our accounting and reporting procedures have always been up to the expectations of the City of Palm Desert and the State. Staff References, Resumes & Certifications Please see attached appendix page 2 Page 4 29 Key Personnel Proposed to Perform Work Theodore Boyett, Project Manager and Safety Policy Manager • Duration of the position: 12 Months • The project manager will oversee the following individuals: the assistant manager, lifeguard manager, programs manager, special events manager and concessions/office manager and oversee all aspects of safety checks within the facility • Project manager will oversee all of the above mentioned aspects of the facility and the maintenance of the facility • This individual is applying for a position within the firm Kelly Emmer, Project Assistant Manager • Duration of the position: 12 Months • The assistant manager will oversee the following individuals: the personal relations manager, lifeguard manager, programs manager, special events manager and concessions/office manager • Assistant manager will oversee all of the above mentioned aspects of the facility and assist in the maintenance of the facility.and safety • This individual has been volunteering with the firm for the past twelve years and has been employed with the firm for the past four years Pavol Valovic, Special Events Manager • Duration of the position:, 6 Months Page 5 30 • The special events manager will oversee all but is not limited to: facility rentals for birthday parties, business parties, training camps, high school and college swim and water polo team operations, masters swim teams, diving teams, fundraising events, National swim and water polo team operations, Southern Section swimming and water polo competitions, etc. In addition to safety for all events. • This individual has been volunteering with the firm for the past two years and is currently employed at the University of Southern California as the men's and women's water polo and swim team graduate assistant coach Michelle Valovic, Programming Manager • Duration of the position: 6 months • The programming manager will oversee all but is not limited to: infant, children, adult and senior programming, special exercise classes (shallow and deep water aerobics, water walking, jazzercise), program safety, scuba, water polo and swimming classes, family fun days and evenings, family fun swim meets, tiny tot play days, home school physical education days, etc • This individual has been volunteering with the firm for the past ten years and has been employed with the firm for the past four years Rene Hickey, Lifeguard Manager • Duration of the position: 5 months • The lifeguard manager will oversee all but is not limited to: all facility -employed lifeguard staff and their scheduling and rotations, all lifeguard training courses, all water safety training courses, all CPR, First Aid, general safety AED and Oxygen courses, Page 6 31 overseeing general health and safety of patrons within the facility, regularly scheduled safety training topics with aquatics staff, etc • This individual has been contracting with the firm for the past five years Adrian Ramirez, Office and Concessions Manager • Duration of the position: 12 Months • The office and concessions manager will oversee all but is not limited to: day to day operations within the office that include all financial operations (budgeting, payroll, collecting, reporting and accounting for all revenues and expenditures), overseeing and scheduling all front office staff members, first aid and safety, day to day operations within the concession stand, overseeing and scheduling all concession office staff, etc • This individual has been employed with the firm for the past three years Alison Elsner, Marketing Manager • Duration of the position: 12 Months • The marketing manager will oversee all but is not limited to: all marketing of the facility for daily activities, rentals, private parties and coordination of large scale events • This individual has been employed with the firm for the past eight years Proposed Subcontractors There are no proposed subcontractors at this time. Project Organization Chart Please see attached appendix page 20 Page 1 32 The Family YMCA of the Desert Statement of Intent The YMCA of the Desert understands that all key personnel mentioned in this request for proposal for the Palm Desert Aquatics Facility will be available as stated in this proposal. All key personnel will perform the duties mentioned and no person designated as 'key' to the project shall be removed or replaced without the prior written concurrence of the City. Proposed on -site non -management staffing levels Lifeguards 1 off duty lifeguard and two on duty lifeguards for every 1 to 50 patrons per pool area 1 off duty lifeguard and three on duty lifeguards for every 51 to 80 patrons per pool area 1 off duty lifeguard and four on duty lifeguards for every 81 to 120 patrons per pool area 1 off duty lifeguard and five on duty lifeguards for every 121 to 150 patrons per pool area 1 on duty lifeguard during all hours of operation in the recreational pool to perform swimming tests for the safety of all patrons (one lap of swimming and two minutes of treading water) • The following is based on Red Cross Guidelines. `Per pool area' symbolizes the different components of the facility (the therapy pool, recreational pool, 50 meter pool and children's play area). Extra lifeguards will be placed on deck if conditions warrant. Class Instructors All children's instructional swim classes will operate at a one instructor to six student ratio. These classes include the minnow swim class, fisif swim class, adaptive swim class, parent -child class, home school P.E. class, the pike class, the eel class, the ray class and the guppy class. The reasoning behind keeping children's classes at a one instructor to six student ratio is for safety Page 8 33 reasons in the water and as much one-on-one time as possible while staying financially responsible. All adult instructional classes will operate at a one instructor to ten student ratio. These classes include water polo, synchronized swimming, diving, competitive swimming, deep water and shallow water aerobics, adult beginning, intermediate and advanced classes, water walking and jazzercise. The reasoning behind keeping adult's classes at a one instructor to ten student ratio is for safety reasons in the water and many competitive classes do not need as much one-on-one direct supervision as children's classes do. Front Office In addition to the front office manager (which will also oversee the concessions), there will always be two front office staff members on duty and one front office staff member on call should patron numbers warrant it. One staff member will be responsible for checking patrons in and one staff member will be responsible for directing patrons to swim tests, answering questions and distributing safety wristbands. Should a second register need to be opened due to patron numbers, the office manager or front office on call staff member may be utilized. Concessions In addition to the concessions manager (which will also oversee the front office), there will always be two concessions staff members on duty and one concessions staff member on call should patron numbers warrant it. One staff member will be responsible for taking orders and handling transactions and one staff member will be responsible for handling and distributing the food. Should a third staff member be needed, the concessions manager or on call staff member may be utilized. Concessions staff members will always arrive on deck fifteen minutes prior to the pool opening. Staff will be responsible for checking the following at the beginning and Page 9 MI ending of each shift: overall cleanliness of the concessions stand and surrounding areas, quantities of food remaining in each category and what will need to be ordered (report to concessions manager), provide a financial report at the end of each shift and end of the day; all lights and mechanical items inside the concessions stand are on and in operating order (if not report to the concessions manager immediately), all menus and advertisement for the concession stand are fully stocked and maintained. Special family BBQ's, corporate picnics and swims, special events can all be catered by our concession area. Closing procedures to be generally the same, with staff checking for cleanliness, providing a financial report, checking all mechanicals and food supplies, checking all brochures and locking up the concessions stand properly (lights off and building locked). Operations Staffing (Opening and Closing Procedures) • Supervisor personnel will arrive on deck thirty minutes prior to the pool opening (this includes manager and assistant manager, lifeguard manager, programs manager, special events manager and concessions/front office manager). • Lifeguards will arrive on deck fifteen minutes prior to the pool opening and be responsible for checking the following: test all pools with the appropriate test kit and record entries in the according log book, make sure all indoor lights are on for locker rooms and restrooms, make sure locker rooms and restrooms are fully stocked for patrons (toilet paper, paper towels, hand soap, etc), make sure locker rooms and restrooms are clean and free of litter, lost and found items, etc, make sure entrance doors are unlocked, make sure all safety equipment is in its proper place (reaching poles are accessible around the pool and ring buoy lines are in place, backboards are in working order and first aid kits are fully stocked), make sure the deck and surrounding areas are clean and play Page 10 35 features are in working order (if not report to management immediately), and make sure all pools are as clean as possible. Closing procedures to be generally the same, with lifeguard staff checking all safety equipment, locker rooms and restroorns checked and lights turned off, decks checked, water chemical testing and locking entrance gates. • Front office staff will arrive on deck fifteen minutes prior to the pool opening and be responsible for checking the following: all office equipment (computers, printers, fax machines, credit card machines, etc) are turned on and are in working order (if not report to management immediately), all office lights are turned on and in working order, all office doors are unlocked, all informational brochures are checked and fully stocked at all times, all program operation forms (registration for programs, employment applications, rental applications, etc) are fully stocked at all times, check incoming and outgoing mail and faxes, check phone messages and distribute to staff accordingly, print any and all necessary program rosters for the day to distribute to instructional staff and check office for overall cleanliness, perform follow-up phone callas for anyone reserving the facility as their date approaches. Closing procedures to be generally the same, with front office staff turning off all operating items, lights, checking front office cleanliness, restocking any and all informational and program operation brochures, checking messages via phone, fax and mail, performing and printing a financial report at the end of each shift and end of the day and locking the office. A Note for Patrons • Patrons must sign in and out of the attendance log book daily and will not be permitted into the facility without doing so. Page 11 36 Management and Operations of the Aquatics Center 50 Meter Pool • Aquatics manager, assistant manager and lifeguard manager will check the 50 meter pool hourly for proper lifeguard staffing. • Lifeguard staffing for the 50 meter pool will comply as follows: o Two lifeguards for 1 to 50 patrons o Three lifeguards for 51 to 80 patrons o Four lifeguards for 81 to 120 patrons o Five lifeguards for 121 to 150 patrons • Lifeguards will rotate every twenty minutes from May to September and every thirty minutes from October to April. Please refer to the lifeguard training and rotation procedures for more details. Recreational/Therany Pool with Slides • Aquatics manager, assistant manager and lifeguard manager will check the recreational pool and slides hourly for proper lifeguard and slide dispatcher staffing. • Slide staffing will comply as follows: o One slide dispatcher stationed at the top platform where patrons will enter the slides o' One slide lifeguard stationed at, the bottom of the slides where patrons exit the slides o The slide dispatcher will wait for a signal from the slide lifeguard to send the next patron down the slide. This will only occur when the patron has exited the slide safely and is not in any position where they may interfere with the next patron Page 12 37 o All patrons wishing to ride the slides must be at least 48" inches tall and without any health issues. Patrons must go down the slides feet first on their backs. Please refer to the policy development procedures for more details. • Recreational pool will have lifeguards stationed around the pool according to Red Cross guidelines, which are stated above. • All swimming safety tests will be provided by an additional in -water lifeguard in the recreational pool. Please refer to the policy development procedures about wrist -banding for more details. Children's Water Play Structure • Aquatics manager, assistant manager and lifeguard manager will check the water play -structure hourly for proper lifeguard staffing. • The children's water play structure will have lifeguards stationed around the structure according to Red Cross guidelines, which are stated above. • All safety rules and regulations will be abided by all patrons at all times. Please refer to the policy development procedures about safety policies for more details. Concessions and Front Entrance • Aquatics manager, assistant manager and concessions/office manager will check the concessions and front entrance hourly for proper staffing. • The concessions stand will have two staff members in place at all times while in operation. One staff member will be receiving customers and one staff member will be handling orders in the back. If the capacity of the facility increases, staffing levels for the concession stand will compensate for this. Page 13 • Concessions stand will be maintained and staffed with monthly safety checks provided by the concessions manager. • The front office will have two staff members in place at all times while in operation. One staff member will be receiving customers and one staff member will be assisting with wrist band and member/non-member entrance cards. If the capacity of the facility increases, staffing levels for the front office will compensate for this. Restrooms and Locker Facilities • During all pool hours of operation, there will be an `off -duty' lifeguard on deck during rotations. This off -duty lifeguard will be responsible for checking all restroom and locker room facilities for anything out of place before officially going off -duty. These restroom and locker room checks will take place every twenty minutes. Please refer to the policy development procedures about restroom and locker room procedures for more details. Multi -Use Rooms • All multi -use rooms will be checked hourly by the manager and assistant manager. If any patron or outside agency wishes to use any multi -use room, they must schedule the room accordingly with the aquatics staff. All scheduling of the multi -use room will be at the sole discretion of the aquatics manager and assistant manager. For Facility rentals, please refer to the Birthday Party form in the attached appendix on page 21. Financial. Operations Our Accounting Department will offer financial operations including but not limited to, budgeting, payroll, collecting, reporting and accounting for all revenues and expenditures and including detailed budget preparation of all income and expenses. Preparation of accurate and timely financial statements is necessary in achieving organizational accountability. In order to `Page 14 39 achieve this, reconciliations are completed monthly for all asset and liability accounts. Payroll is processed on the fifth and twentieth of every month. Accounts Payable processes checks weekly and purchase orders are used. All checks over $1,500.00 require two signatures. What is more, every month financial statements are printed and Department Heads review them for accuracy and planning. Also, a Finance Meeting is held monthly to review the income statement along with a balance sheet and cash flow for the organization. The income statement is then forwarded to the Executive and Board Committee for approval. Risk Management Plan Please see attached appendix page 23 Policy Development Please see attached appendix page 48 Signing Philosophy Please see attached appendix page 57 Recruitment and Hiring Process At the Y, helping kids, families and communities learn, grow and thrive requires strong, cause - driven leadership. When attracting and hiring new employees', we select based on the highest standards, in keeping with the YMCA's reputation as a leading organization in the community. All positions are initially posted internally so that current staff have an opportunity for advancement and then externally within the community, depending on the position being filled. We utilize local high schools and college job boards and actively network with leaders in the community or in their field to stay on top qualified candidates. We've ensure that the job description for each job being filled is accurate and current and identifies the core competencies needed for the job. We've establish a written screening process that ensures all hires meet the Page 15 40 YMCA's high standards and possess the core competencies for success in their positions at the YMCA. Systematically we use screening techniques, the employment application, background checks, reference checks, etc: —to screen out applicants who are at risk to abuse youth or vulnerable adults. We've developed and maintain an updated recruiting plan to anticipate and meet the YMCA's current and future staffing needs. Employ a variety of legal, effective tools and techniques, beyond a basic interview, to assess a candidate's qualifications for the position; this may include online tools, interview guides, phone screenings, etc. The minimum age for employment is primarily eighteen (18). However, there may be some employment opportunities for fifteen (15) to seventeen (17) year olds with a valid work permit. All employees over the age of eighteen (18) are to be fingerprinted upon hire. After fingerprints have been processed through the State of California Department of Justice, and FBI, results will be received by the Human Resource Department and held confidential. Continued employment is subject to fingerprinting clearance. Any employee is subject to termination of employment if the Criminal History warrants such action. Additionally, employees must notify the Association of any arrest and/or convictions other than minor traffic violations, within, five (5) days. Failure to do so may result in disciplinary action up to and including termination. The YMCA recognizes its responsibility to help provide a safe and productive work environment for all employees. In support of this goal, the YMCA has a concern about substance abuse, since it may affect an employee's productivity and efficiency: jeopardize the safety of the employees, co-workers, guests, volunteers, members, vendors and business partners; or violate State or Federal Statues. Therefore, we are committed to remain a drug free workplace. All new employees are required to attend a YMCA Employee Orientation and Child Abuse Prevention training prior to the first Page 16 41 day on the job. In addition, new employees will be mandated to attend safety training at their specific work site. Day -to -Day Operation and Training Day-to-day Operation/Staffing Plan/Orientation: Please refer to the proposed schedule for day-to-day operations on pages 69-72 of the appendix. Please refer to key personnel and proposed work and proposed non -management positions for the staffing plan. Please refer to the recruitment and hiring process for the orientation process. Pre -Service and In -Service Training Plan: Please refer to the recruitment and hiring process, the lifeguard training program. Please refer to the YMCA safety training calendar in the attached appendix on page 61. Lifeguard Training Program and Lifeguard Rotation Process Lifeguard Certification: Employed lifeguards shall hold in good standing, The America Red Cross Certification for lifeguarding also known as lifeguard training which includes a First Aid Certification. In addition to this certification, guards must maintain a valid CPR/AED Certification for the professional rescuer. Swimming ability is one of the most important prerequisites to become a Red Cross lifeguard. You'll need to be able to swim breaststroke and freestyle, and have the endurance to swim for long distances during the testing process. The swimming test includes 300 yards (about 275 meters) of non-stop swimming —100 yards (about 91 meters) of front crawl, 100 yards (about 91 meters) of breaststroke, and another 100 yards (about 91 meters) of either freestyle or breaststroke. Page 17 42 In addition to swimming proficiency, you'll also need to demonstrate solid emergency medical skills. For this test, you'll be trained in standard first aid, cardio-pulmonary resuscitation (CPR}, and you'll be taught td use an automated external defibrillator (AM. These skills will be tested through drills conducted both in and out of the water. Becoming a Red Cross -certified lifeguard also requires that you successfully complete a timed trial. The trial consists of swimming 50 yards (about 46 meters), surface dive 7 to 10 feet (about 2 to 3 meters), bring a ten pound (about 4.5 kg) weight to the surface, and swim back 50 yards (about 46 meters). You'll also be given a written test. This test will check your proficiency in a variety of lifeguard - related rules. A score of 80 percent or higher on the written exam is required. Guard Coverage Policy: The following lifeguard to patron ratio is based on Red Cross Guidelines. The ratio is subject to change based on organized or recreational usage, areas in use, etc. OffDut On Dui 1 2 guards for every 1 to 50 people per pool 1 3 guards for every 51 to 80 people per pool 1 4 guards for every 81 to 120 people per pool 1 5 guards for every 121 to 150 people per pool NOTE: Extra guards will be placed on deck if conditions warrant. Program Development How to make swimming classes responsive and/or inclusive to persons with disabilities: 1. Safe entries into the water (may need a hoist, lift, supported entry down a ramp) 2. Greeting song and introductions Page 18 43 3. Specific instructions for helpers in the water, so they can help with activities for children with physical disabilities in a planned and structured way 4. Information for people with disabilities in the class, particularly if they are swimming for the first time with you 5. Group activities for people with physical disabilities which take their needs into account (eg. rolling front to back, learning to maintain body position, being comfortable using an aid to float) 6. Individual activities with are designed as an exercise for people with a disability, such as push off from the wall and float into a glide position, or doing a safe slide into the pool, or learning to propel in the water wearing a life jacket 7. Social skills activity such as a group song (Hokey Pokey) or game (What's the time Mr Wolf?) 8. Goodbye song 9. Safe exit from the pool Monitoring and evaluating programs for improvements and fiscal responsibility: 1. At the conclusion of every session, every participant will be given a YMCA aquatics evaluation that they will be asked to complete for the instructor. This evaluation sheet will include questions such as `was this program helpful' and `what can we do to improve our programs'. 2. To monitor programs for fiscal responsibility, the aquatics facility will have an office manager that will give monthly financial reports to the manager and assistant manager. These will be detailed reports including money expensed on salaries, uniforms, Page 19 administration, etc and money generated as income through various programs including lessons, rentals, concessions, etc. In addition to this, the proposer has a full-time financial operations employee within the firm that will available to assist with reporting if need be. 3. Registration for PrggLams: Please refer to aquatics evaluation sheet in the attached appendix on page 65. 1. The proposer has two forms (program information and program registration) in place that are utilized for the sole purpose of registration for programs. Any patron wishing to participate in the programs must complete an information form for emergency purposes and a program registration form for each class or program they enroll. The information forms will then be input into the computer system and updated yearly with program codes for every class the participant may enroll. 2. Please refer to YMCA information form and program registration forms in the attached appendix on page 66. Program Development Chart Please see attached appendix on page 69 Marketing The following events and initiatives would be promoted through a combination of free media (press releases written and distributed by YMCA) to be placed in print, television, and radio platforms; paid media advertisements depending on budget parameters; targeted information Page 20 45 Initiated Southeast Swimming & Diving Federation Lewis and Clark College, Portland, Oregon 1971- 1975 Head Coach Men's Swimming and Diving Team (NAIA Dist II Champions 1973) Initiated and served as Head Coach Women's Swimming and Diving Team (Conf. of Independent Colleges champions 1973 & 1974) Head Coach Water Polo Team (Oregon Collegiate Water Polo, 2nd place 1975) Del Mar High School, Campbell, California 1970 - 1971 Head Tennis Coach (League dual meets season 17-0) Assistant Freshman Football Coach NOTE: Win/Loss as Head Coach Collegiate Swimming and Diving Teams 143 - 87 (62%) SELECTED PROFESSIONAL & VOLUNTEER HISTORY Aquatic Consultants and Educators, inc— Program, facility, operation & legal consulting & instruction YMCAs, YWCA's, Boy's & Girls Clubs, neighbor hood associations, Whitewater theme park, Reach Triangle Institute (for The Center for Disease Control — Atlanta), and over 50 legal cases Georgia Department of Human Resources Member Committee on Swimming Pool Regulations/Codes 1993 - 1995 NAIA District iT Chairman Swimming Committee 1973-1974 & 1974-1975 National Spa and Pool Institute Volunteer Instructor - pool school - Chemistry Calculations 1994 Volunteer CPO instructor - region IX, Boston Area 1998 & 1999 National Swimming Pool Foundation Course Director Certification Schools since 1984 - present Presented at the World Aquatic Health Conference in Atlanta Georgia, 2004 Grant Review Committee 2004 - 2005 National Intramural Recreation Sports Association Presented at Southern Regional Conference "Pool Management" 1985 Presented at Southern Regional Conference "Starting a Scuba Program" 1992 1996 Presented Region 1 Annual Conference - "Standard of Care - Directions in Aquatics" Pacific Northwest Conference Chairman Swimming Committee 1973-1974 & 1974-1975 Professional Pool Operators of America member .United States Water Fitness Association National•Conferenees 1998, 1999, 2000, 2002 Presented "The University of Rhode Island Aquatic Program" Panel Member "Top Aquatic Directors answer your questions" Presented "How to produce a profit making aquatic program" Executive Committee Chairman Program Committee for Aquatic Directors Facilitator for the Aquatics Directors section Coordinator/Facilitator Aquatics Directors section AWARDS & RECOGNITIONS Appendix Page 5 54 American Red Cross National Award of Merit for saving a life 1969 & 1989 Aquatics International Best of Aquatics Awards — Best University/School 2002 Best University Aquatics Manager 2003 Southeast Swimming & Diving Federation Coach of the Year 1990 Recognition Award for contribution to individuals with disabilities GSU Recreational Services Committee of students with disabilities 1993 - 1994 United States Water Fitness Association National Awards Program Top Aquatic Program in the Nation 1998 —1999, 2003 & 2005 4s' Best Aquatic Program in the Nation 1997 — 2006 MAJOR CERTIFICATIONS American Red Cross CPR Instructor Trainer, sincel975 First Aid Instructor Trainer, since 1971 Lifeguard Training Instructor Trainer, since 1985 Water Safety Instructor Trainer, since 1971 National Association of Underwater Instructors Scuba Instructor, since 1984 National Swimming Pool Foundation Certified Pool/Spa Operator Instructor, since 1984 United States Water Fitness Association Water Fitness Instructor Trainer, since 2002 27/1a2010 Appendix Page 6 55 Fitness and Aquatics Volunteer is Volunteered as an aquatics and fitness instructor while completing schooling Skills and Languages ■ Led the Palm Desert High School women's swim team to C.I.F. swimming championships, 1999-2003 is Proficient in Microsoft Word and PowerPoint ■ Specialized written and communication skills ■ Succinct knowledge of the Spanish language ■ President of the Senior Class for the University of Redlands, 2002-2003 ■ Started a competitive swimming class at the La Quinta Fritz Burns Pool, 2007 ■ Started a water polo clinic for children and adults at the La Quinta Fritz Burns Pool, 2007 ■ Certified in C.P.R. for infants, children and adults ■ Certified in First Aid, Oxygen, and AED ■ Certified Lifeguard ■ Certified Lifeguard Instructor Trainer is Certified in YMCA: Training Others ■ Certified in Principles of YMCA Aquatics Leadership Extracurricular Activities ■ Varsity women's water polo, The University of Redlands, 2003-2007 ■ Varsity women's water polo and swim, Palm Desert High School, 1999-2003 is Named to the division league of the Coachella Valley for swimming and water polo 1999- 2003 ■ President of the Senior Class for the University of Redlands, 2002-2003 References Available upon request Appendix Page 9 W. Pavol Valovic 72912 Tamarisk Street *Palm Desert, CA 92260 951.707.6330 valovic@usc.edu Education University of Southern California, Los Angeles, CA May 2011 Masters, Public Diplomacy - Annenberg School for Communication/School of 1R Relevant Course Work: - Teaching History in the Secondary Schools - Studies in Communication Theory - Sports Media and Society - Conflict and Cooperation - Hard Power, Soft Power and Smart Power - Culture Gender and Global Society, University of Southern California, Los Angeles, CA May 2008 BA, International Relations and Global Business (International Finance) Cumulative GPA 3.58, Major GPA 3.95 Relevant Course Work: - Contemporary Moral and Social Issues - Advanced Writing for Business - The Science of Human Performance - Foundations of Business Finance - Principles of Microeconomics and Macroeconomics - Macroeconomic Analysis for Business Decisions - Human Biology Academic Honors and Awards USC four -time Dew's List award member 2006 USC Male Scholar Athlete of the Year 2007 David X Marks Foundation Scholar Athlete Award of Honor Coaching Experience University of Southern California, Los Angeles, CA 2008-Present Men's and Women's Assistant Water Polo Coach (2008, 2009 Men's NCAA Champions, 2010 Women's NCAA Champions) • Directing recruiting efforts of both water polo programs • Assisting in all aspects of running competitive Division I water polo programs • Establishing nutritional guideline for student -athletes implementing and monitoring the fitness program and training sessions. Training game management staff and arranging game set up . Golden West College, Huntington Beach, CA Conditioning coach for water polo and swim team Spring 2008 • Provided weight lifting training plan to for athletes during season • Helped conduct swimming conditioning training sessions • Established nutritional guideline for student -athletes Evaluated the improvement of student athletes physical abilities Appendix Page i l Trojan Water Polo Club, Palos Verdes, CA 2005-2008 Head Coach (Boys and Girls 12,14,16,18 and under age category) • Structured the development of physical skills, game knowledge • Scheduled and facilitated tournaments as a coach or referee • Managed four teams of 20 players with bimonthly competitions Jovan Vavic Water Polo Camp, Los Angeles, CA 2006-Present Camp Coach • Assisted in process of development of basic water skills • Helped introduced basic tactical aspects of the game • Provided nutritional and conditioning guidelines for athletes Golden West Water Polo Club, Huntington Beach, CA 2004- 2005 Head Coach (Girls 16 and under age category) • Structured the development of physical skills, game knowledge • Scheduled and facilitated tournaments as a coach or referee • Managed a team of 25 players with bimonthly competitions YMCA Summer Swimming Program, La Quinta, CA Summer 2010 Volunteer Swim Instructor Assisted in development of basic water skills Provided swim training and skill improvement Water Polo and Swimming Achievements • University of Southern California Men's Division I Water Polo 2005-2006 • NCAA National Champion 2005 • All American First Team in US National Championship 2006 • All American Honorable Mention 2006 • Captain of USC Men's Water Polo team 2006 • Voted USC Most Inspirational Player 2006 • Juniot College Water Polo league 2003-2004 • Voted MVP at Golden West College 2003-2004 • Junior College Southern California. Player of the Year . 2004 • ' Member of the Golden West College Swim. Team 2003-2004 • Swimming Junior College Sate Champion 2004 • Slovak Senior National Team 2000-2004 • Slovak Junior national Team 1999-2001 • 7a' Place Junior World Championship Istanbul Turkey 2001 • 80` PIace Junior European Championship Hegen Germany 2000 • Slovak Youth National Team . 1996-1999 Appendix Page 12 61 Skills • 71H Place Youth European Championship Sofia Bulgaria 1999 • Microsoft Office (Word, Excel, Power Point) Appendix Page 13 TN.—p.l—MA OA vcc V&AV/f �.,�,�Ib.+c, CPWAZD-ADULT MWWW by ORATiORCOUNIY CHAFLER a..cemq. ,X Q PT ER wwr .rmw.ew�rar This no..n- tak QkVoz Vitcovir hr mnpI '14.m.nW. STANDARD FOW AID cwdY.Yd M ORANGE COUNTY CIWITR. CA ow C Pk%d NJtW Q WtO wra w.wn....Weniw paw Novic icooduebw by OR 121-UHTY Ik.�w.n mW 6 . nu.eam ra ur wra/us rdtur sNtl.r 1 pt�lirmg4.sd.e TW.AmWmuu� y PaVOI valovic � urecaitaETnAa�warr�ruo ORANOE COUNTY CHAF)8R Dui campiaea \1'S\�10 , rd44 p4){mmyMWoie Appendix Page 14 63 Michelle Valovic (760)238-1953■ Steinm@usc.edu Education University of Southern California Los Angeles, CA Bachelor of Arts in English May 2009 Minor: Sociology Emphasis: Deviant Behavior & the Law Palm Desert High School Palm Desert, CA Diploma June 2005 Work Experience Shadow Hills High School Boys and Girls Water Polo Coach August 2009-Present • Developed water polo skills • Strengthened character through enforcing a regular practice schedule Boys and Girls Swim Coach • Created team building activities • Introduced swimmers to all four of the swimming strokes Club Water Polo Coach • Works with middle school aged children in teaching water polo from all levels from beginning to advanced • Schedules facility use for the various teams at the Shadow Hills High School pool in Indio YMCA Swim Instructor • Taught children ages 4-6 how to swim Summers 2003, 04, • Improved swimming abilities for children ages 6-12 05, 06, 07 & 08 Life Guard • . Enforced pool rules • Maintained pool area ' World Gym Sales Representative • Presented the positives of joining a gym in order to attractbusiness 2009-2010 • Discussed possible improvements for the gym with current gym members Athletics University of Southern California Appendix Page 15 M Member, Division I Women's Water Polo Team 2005 - 2009 • Voted Team Captain by teammates • Earned 2008 NCAA All American Honor • Selected MPSF Player of the Week twice • Voted 2009 MVP • Peter J Cutino Finalist (Reisman Trophy equivalent in Water Polo) • 2009 NCAA All American USA Women's Water Polo Member, USA Women's Senior National Team 2005 - Present • Contributed to two silver medals in National Tournaments • Currently training for the 2012 Olympics Palm Desert High School • Captain, Varsity Girls Water Polo Team 2003-2005 • Member, Varsity Girls Water polo Team and Girls Swimming 2001-2005 • Scholar Athlete 2001-2005 Involvement Volunteer for the Joint Educational Program • Tutored High School Students in Math, History, and Humanities 2007-Present • Mentored students • Established a music class and taught percussion • Member of National Charity League 1999-2005 Skills Microsoft Office, Conversational French and Spanish Appendix Page 16 65 Rene Hickey Rene's Aquatics P.O. Box 1083 Desert Hot Springs CA 92240 760.329.3212 Career Oualification Water safety instructor and lifeguard trainer with American Red Cross for 37 years. Career Certifications Red Cross Water Safety Instructor, Lifeguard Trainer Red Cross Health and Safety Instructor, all levels of CPR and First Aid Arthritis Foundations Water Exercise Instructor Lifeguard, First Aid, CPR/AED for the Professional Rescuer Awards American Red Cross, June 2010, Special Recognition Award for over 35 years of service Professional Experience April 1990 to Present: Owner/Operator of Rene's Aquatics Independent contractor and/or employee for: The Coachella Valley Boys and Girls Clubs, the YMCA of the Desert as well as private and public facilities. Detailed list can be made available upon request. Red Cross Authorized Provider for Certification Courses for all levels of swimming, lifeguard training, shallow water attendant, basic water safety, safety training for swim coaches, infant, child and adult CPR, health care provider, CPR/AED for lifeguards and first aid, water exercise instructor and pool safety consultant. Appendix Page 17 Rl-.e iiiciwy is hereby authorized as: RUED a Fhst Ald Instructor 42011. R£tt�22 talraer. ew 4aini.r hm�, m Mr. M n M N...MMIN►wpn. M MaMr b/h This mcuglim that 4uNrequiremeats e h!'EmmpleteId for CPR PROF. RESCUER �'"MBOLPAED T CO COUNTY CHAPTEk /r Date completed Me 0 Gelf a� stxlti6glE ,12 1he eialf'ed u wlid for A _ yw s) fxlR eolapkdw due. .1 - .R.r.u.r �...� Chu— w .[NC. ' Instnlctar's Slgonurc . Cha )t * t� � HUMBOLDT COUNTY CHAPTER r {U! S csn.6539gR .(kt.2(gl) MkALTH AND SAA:T'Y SWICES VdS7AIX-R R AVMORW"()N REW HICKEY is authorized as an instructor in WATER SAFETY (r-M by the RIVERSIDE COUNTY CHAP[F.R This authorization cxpbca December 31. 2011 This recogrJUS that RENE SILANDER has completed the requioemenra for LIFEGUARDING& FIRST. d)MBOl MatI tY CHAPTI Date completed 4 / 12 0&Mw, The AM*= W CrM atwlid for Ipr(r) 6m oaaptzdoz dac [arrk710CQ AUIHORVATTdN M..rur.1m Doe Iynpw..11.11rq. 1. 2. r Fd4y( x.orre r..r,e s. s,.�.m•F aw,..... NKKO. tlal uw Z Iryeloes Signrture ^ (//J,� . ,Wdc r n 3luct HUMBOLDT COUNTY C14APTER .:•���ll/'"'+o,rHaiL,5�Yipta� r.: T M'IMtI Appendix Page 18 Me ALISON ELSNER has been the Associate Executive Director and Director of Public Relations and Marketing for the Family YMCA of the Desert (valley -wide) since 2003. She previously worked for U.S. Senator Pete Wilson in Washington, D.C. and for Governor Pete Wilson in Sacramento, California, for a total of 12 years, handling media relations, legislative affairs, and special event coordination. She was then appointed by Governor Gray Davis as the Executive Officer of the Governor's Mentoring Partnership served as Event Producer for the California Mentor Foundation, producing and coordinating the annual 1500-attendee "California Mentor Summit" for five years at the Disneyland Resort, with numerous celebrity and government presenters, guests, and awardees. Alison maintains a private public relations business, AEPR, which handles media relations, writing and advertising, community relations, and special event coordination for clients in the Coachella valley. She is the Chairperson of the City of Palm Springs Parks and Recreation Commission, and, as such, maintains close access to recreational and sports teams, participants, and organizers who live in or visit the desert. She serves on the Board of Governors for the University of Southern California Alumni Association in addition to the board of directors for Leadership Coachella Valley and the Trojan Club of the Desert. She is the Vice -President of the USC Alumni Club of the Desert, a member of the KPSP Local-2 Media Advisory Board, a member of the City of Palm Springs Special Events Funding and Evaluation Committee, and a guest reporter/columnist for The Desert Sun. Alison is a 1985 graduate in political science from the University of Southern California (USC). Appendix Page 19 Palm Desert Aquatics Center Project Organization Chart Marketing Manager Alison Elsner Will oversee marketing of the facility Lifeguard Manager Rene Hickey Will oversee all lifeguards and training of lifeguards Project Manager Theodore Boyett Will oversee all expertise managers and operations of facility Project Assistant Manager Kelly Emmer Will oversee all expertise managers, marketing of facility and operations of facility Programming Manager Michelle Valovic Will oversee all programming for adults, seniors and children Safety Policy Manager Theodore Boyett Will oversee enforcement of all safety policies stated in request for proposal Special Events Manager Pavol Valovic Will overawe all games, tournaments, fundraisers, clubs and championships Office and Concessions Manager Adrian Ramirez Will oversee concessions operation and front office operation Appendix Page 20 •• Birthday Party Form Name: Date of Party: Number of Guests Time of Party: Length of Party Parent Name Phone # Address: Theme of Party: Office Use Only Use of Facility: MRl Pool 50 meter Recreational Pool Aquatics Contact: Phone Staff: Staff: Staff: Staff Set up Time: Deposit Paid Comments: Age: Appendix Page 21. . 70 Staff Initials : Input Date : Party A -La -Cart pricing list: Parties include: Cake Snacks Tables and chairs in the multi -use room 1 staff member for ever 12 participants Multi -use room for 45 minutes Recreational pool for two hours with use of slides $12.00 per person Themes Sports _Relays _Favorite Movie, song, book Add-Ons Multi -Use Room for an Additional Hour: $65.00 Tables and Chairs set up outside: $125.00 Pizza (two slices each) and juice (one box each): Add an additional $3.00 per person An additional hour of use for the recreational pool and slides: Add an additional $3.00 per person Appendix Page 22 71 Risk Management Plan Facility Inspection and Testine Sample Aquatic Facility Inspection Form Name of Facility Address Date of Inspection Date of Last Inspection Surveyed by Recommendation sent Response required by General Floors have non -slip surfaces and are free of accumulated waste Showers are free from soap build-up Change areastwashrooms are cleaned on a regular basis Floors are cleaned regularly Appendix Page 23 72 with antibacterial agents Chlorine Room Room is equipped with gas - detection devices Room is sealed off from other areas (outside door only) Operators are trained to handle chlorine Air packs are available and in working condition Daily maintenance occurs on the chlorine and filtration system WHMIS sheets are present Pool Area Water depths are clearly marked at appropriate intervals Diving boards are safe Pool rules are clearly visible Ladders are in good repair Appendix Page 24 73 Surfaces around pool are non -slip "No diving" signs are clearly posted Lights and electrical fixtures are designed for wet environment Lifeguards Lifeguards are certified Lifeguards are trained to be proactive in avoiding incidents Rescue skills are rehearsed by simulating emergencies Lifeguard equipment is present/appropriate Aquatics Daily water tests are ooaducted/reoords maintained . Proper instructions are posted Appendix Page 25 74 Electrical installations are suitable for wet environment • Temperature is momtored/posted Handrails and non -slip steps are present W aterslides Waterslides are inspected on a regular basis • Cl and Ph levels to be checked hourly for each pool by the aquatics staff. Emergency and Accident Management Procedures SPINAL IMMOBILIZATION EQUIPMENT Always have spinal immobilization devices (SIDs) readily available for emergency handling of suspected spinal injuries. The device must be sinkable in order to transfer the victim onto it. These devices should also be sufficiently long and rigid to immobilize the victim from head to foot and prevent any bending of the victim's body when the device is lifted from the water. Also, the device must be wide enough to prevent any lateral movement, but not so wide as to prevent its use.in an ambulance. Finally, the device must have.enough handholds and openings to accommodate lifting and the use of bandages and/or straps to immobilize the victim on it. In addition to the SID, you should have cervical collars of various sizes to accommodate the various neck sizes of victims. These collars can prevent or reduce the chance of any neck Appendix Page 26 75 movement. Bandages and/or commercial straps for immobilizing the victim on this SID, must be strong and non -elastic. A total of 8 to 10 bandages, or four straps plus bandages for the head and feet, 'are required. You can use several rolled towels or a rolled blanket placed on both sides of the victim s head to prevent any lateral movement of the head and neck. EMERGENCY FIRST AID You must have emergency first aid supplies, equipment, and facilities to handle any trauma associated with falls on slippery decks, ladders, and diving boards, as well as to handle non - traumatic medical emergencies (such as heart attack, heat stroke, and so forth). If possible, organize a permanent facility where a victim can be assessed and treated. This facility should afford privacy for the patient, as well as environmental control. The facility should have several chairs plus a cot. A sink with running water would also be helpful. Keep an inventory of restockable supplies in this facility. Maintain a bound first -aid book, logging all emergency first aid care for future reference as well as for statistical information regarding accidents, injuries, and illnesses at the facility. LIFEGUARD RESCUE EQUIPMENT Have reaching and extension poles (shepherd's crooks), ring buoys, and rescue buoys readily available for emergency use. Ring buoys should be U.S. Coast Guard approved type IV Personal Flotation.Devices (PFDs) and should have 50'-60' of line attAched. The line should be thin enough and of appropriate material to permit flight of the buoy when thrown, yet strong enough to tow a victim to safety Appendix Page 27 76 Equip open water facilities with rescue paddle boards or rescue boats for patrol and rescue. In addition, you should have snorkeling or scuba equipment for search and rescue operations. If scuba equipment is available, certify personnel in its proper use. RESPIRATORY EMERGENCIES If your facility uses chlorine gas for water treatment, have self contained breathing apparatus available for general maintenance in and around the chlorine room, as well as for rescue and evacuation purposes. This apparatus should be worn any time tanks are being changed or when leaks are suspected. Train all lifeguard and maintenance personnel in its use, as well as in emergency rescue procedures. Provide oxygen administration and adjunct equipment to handle any respiratory or cardiac emergencies that could occur as a result of heart attack, drowning, toxic gas, and so forth. This includes oxygen liter floor units and masks. Lifeguards will need supplementary training in the use of oxygen equipment and resuscitation masks since this training is not within the normal lifeguard training curriculum. LIFEGUARD CERTIFICATIONS Be sure all lifeguards are trained and certified in lifesaving/lifeguarding, first aid, and CPR. This training is available through the American Red Cross, the YMCA, and other training agencies. They will need supplementary training in the use of oxygen administration, resuscitation masks, self-contained breathing apparatus, and scuba if this equipment is available. HERING AND SUPERVISION OF LIFEGUARDS Regardless of the lifeguard's level of certification, carefully screen all lifeguard candidates prior to hiring. Evaluate their knowledge and skill proficiency, and require certification in lifesaving/lifeguarding, first aid, and CPR. Appendix Page 28 77 Once you have hired a lifeguard, plan and implement in-service training programs before the season begins and maintain the training throughout the season. Many communities have sponsored lifeguard competitions as a means to increase the lifeguards' motivation for. participation in in-service training programs and to serve as a goal for which the lifeguards can strive. LIFEGUARD UNIFORMS Issue appropriate uniforms to lifeguards so that they can be readily identified. Uniforms can consist of an appropriate styled shirt or jacket, a bathing suit, and a suitable hat to protect them from the sun's rays. They should wear appropriate sunglasses at all times to protect their eves from the sun, as well as to assist them in carrying out their supervisory responsibilities. Finally, lifeguards should have an appropriate whistle to gain patrons' attention and to alert other lifeguards during emergencies. LIFEGUARD OPERATIONS Plan operational procedures for emergency rescue and first aid response, lost bather and missing person situations, and chlorine or other chemical emergencies. Telephones should be available to alert EMS, fire, and law enforcement agencies during these emergencies and all personnel should know how to properly communicate with emergency dispatchers. Clearly post rules and regulations for all patrons to read. This will also help the lifeguard when trying to enforce the facility rules and regulations. Determine operational procedures in advanceas to how employees should respond to thunder and lightning storms,.including clearing the facility and prohibiting patrons and staff from congregating under umbrellas, trees, and so forth. The operational procedures plan should also include procedures to be followed once the storm has passed. Appendix Page 29 W Finally, aquatic staff should communicate with emergency agencies and coordinate their efforts with lifeguard personnel so that the EMS, fire, and police personnel are familiar with the facility. A lifeguard's primary responsibilities include prevention of accidents and emergency situations, rescue, and emergency care. The "Eight -Point Plan" prepares facility managers and lifeguards to prevent emergencies from occurring, as well as to deal with rescue and first aid emergencies should that be necessary. Record Keepinz There will be a binder with daily Iogs for the following: Cl and Ph levels for all pools (checked hourly) Indoor and outdoor checklists/procedures for aquatics staff (please refer to facility inspection form above) Daily attendance for the aquatics facility Any and all incidents and accidents with dates and times they occurred, the incident or accident in full detail and staff members involved Appendix Page 30 79 Incident Documentation Appendix Page 31 Communication The Family YMCA of the Desert carries insurance to cover the cost of work -incurred injury or illness. Benefits help pay for treatment (if required) and part of any income that may be lost while recovering. To be assured of maximum coverage, it is important that work -related accidents be reported immediately to a supervisor. Every employee is protected by Workers' Compensation, regardless of length of service or status. Pursuant to California law, the Association maintains Workers Compensation Insurance to provide compensation to an employee for an injury or death arising out of or in the course of employment. Employees are covered against hazards of occupational accidents and illness on the job through compensation insurance in a manner and to the extent required by the state worker's compensation laws. Safety Training Records: ■ New employees will receive initial Safety Training (IIPP Safety and Hazard Communication & Chemical Hazard Communication) during their new employee orientation. It is the responsibility of the new employee's direct supervisor to complete site specific training and submit the training records to Human Resources within 5 working days of the hire date. ■ New. Supervisors training - It is the responsibility of the all site supervisors to complete- site specific training and submit the training records to Human Resources within 5 working days of their new staffs hire date. ■ If the Training Records are not submitted within 5 working days of the hire date the Supervisor will be issued a Notice of Failure to Comply. Supervisors Report of Monthly Staff Safety Meetings: Appendix Page 32 . E:3�J ■ All supervisors must train their staff following subject matter on the monthly calendar. Reports are due to the Safety/Transportation Coordinator the 5d' of the month for the preceding month example (November due by December 5m) ■ If reports are not submitted by the 15a' of the following month (December 151h) the Site Director will be issued a Notice of Failure to Comply. Facility Inspections: • The Safety Committee will conduct semi-annual inspections of all sites. ■ Problems identified by each inspection will be corrected immediately, or by a specified time to be determined by the Safety Committee, depending on the difficulty/severity of the problem to be corrected. (1— 3 weeks) ■ If not corrected, the Site Director will be issued a Notice of Failure to Comply. Crisis Management Pool Emergency Procedure THIS MUST BE POSTED, REVIEWED AND PRACTICED REGULARLY. 1. GUARD ONE: Three blasts on whistle by observing guard closest to the incident. 2. GUARD TWO: A. Activate. Emergency Alarm B. Clear pool. C. Send someone or go to phone POLICE, RESCUE AMBULANCE 911. D. Give specific information, i.e., drowning, severe bleeding, etc. E. Ask adults to control crowd and help with equipment. Appendix Page 33 F. Bring emergency equipment to victim: i) Oxygen ii) Spine Board iii) Blanket iv) First Aid Supplies 3. ADDITIONAL GUARD/GUARDS: Stand up and watch the pool. 4. The guard that is closest to the rescue will assist the guard performing the rescue if assistance is needed. 5. PRIORITIES; A. Check for spine injury. B. Check for breathing. C. Check for pulse. D. Control massive bleeding. E. Treat for shock. F. Other first aid treatment. 6. FOLLOW UP: A. Call parent to inform of injury. B. Check up that proper care was given after victim left pool. Appendix Page 34 NX 7. Accident Report. Fill in promptly with witnesses information. Note incident in log book. 8. If manager is present, manager should assume leadership in rescue, if there is a difference of opinion. If manager is not present, there should be a hierarchy worked out so guards know where ultimate responsibility is. 9. Neck and Back Injury Primary Guard: 1. Hold fact-finding hearing. 2. Follow up on victim. 3. Analyze situation. 4. Give emergency signal. 5. Give directions to responsible helpers, if no other guards. 6. Slide in. 7. Approach smoothly. 8. Bring victim to surface diagonally, if necessary. 9. Turnover in proper fashion. 10. Check to see if breathing. 11. Carry properly to shallow water: No sudden stops. Keep moving. 12. Position spine board under victim. Others do this while primary guard remains at head of victim. 13. Check breathing and pulse. CPR cannot be done until spine board is on solid ground. 14. Mouth to mouth resuscitation, if necessary. Jaw thrust method. 15. Sandbags or towels to brace head. Appendix Page 35 0 16. Collar if available. Only trained personnel may use collar. 17. Tie or belt to board, starting with head. 18. Wait for EMT. 19. CPR, if necessary. 20. Treat for shock: cover. 21. Prevent hypothermia. 22. Continue mouth to mouth/CPR. 23. Notify family. 24. Fill out incident report. Other guards or responsible helpers: 1. Clear pool. 2. Control crowd. 3. Call ambulance. 4. Bring spine board to victim. 5. Assist primary guard. Appendix Page 36 Mock Emergency Drill i . Let staff know date and approximate time that all staff should be in attendance. 2. Post notice of drill at pool. Let related staff know, for example, child care or day camp counselors present, office staff, etc. 3. Have child or person simulate an emergency. 4. Make sure guard nearest victim: A. Blows whistle to signal other guard B. Makes proper rescue C. Administers appropriate treatment. 5. Support guard: A. Is responsible for clearing pool. B. Goes over to victim and other guard to find out nature of injury. C. Phone for ambulance. D. Attends to crowd. E. Assists in treatment of injury. Recreational Water Illness Prevention Appendix Page 37 Reducing Germ Contamination of Swimming Pools STEP 1: Lead your staff. Every aquatic facility is different with distinct priorities that have to be juggled on a daily basis while working within limitations on staff and resources. However, all aquatic facilities make safety and health a top priority. Making a choice to integrate an RWI protection plan into an existing facility risk management plan is the single greatest decision you can make to protect swimmers from RWIs. Take the lead, outline your vision, show your commitment to your staff, and put yourself at the forefront of the aquatics field. Decide that RWI protection is a priority; back it up with resource investment and commitment, and that will set the tone for the rest of the staff. Determine which of the Healthy Swimming recommendations are feasible to implement in your facility with available resources. Investing heavily after the outbreak occurs, a common occurrence, is great but it would have been better for the public's health and more cost-effective if this were done before the outbreak occurred. STEP 2: Develop Partnerships Building a communication bridge to your health department and other aquatic facilities, is a. great way to get information about other outbreaks occurring in your community..If you start to hear about outbreaks associated with other pools, daycares, schools, etc., where your swimmers attend, then take proactive measures and increase vigilance to protect your pool. Increase education of staff, swimmers, and visiting daycare groups. If a pool closes because of a Appendix Page 38 suspected outbreak, that does not mean that all of the swimmers should descend on your pool without giving them some education about RWI prevention. Work with your health department to get the word out when a potential RWI outbreak is occurring. Remind them that one of the messages to send out whenever a diarrheal outbreak is occurring is "don't swim when ill with diarrhea." Use your communication networks and the media to alert patrons that they should not be swimming if they are ill with diarrhea. Protect your facility, make the contacts early, and build a communication network so that you are aware of the health status of your community at all times. STEP 3: Educate pool staff. 1. Ensure that the pool operator, at a minimum, has taken part in a standardized training course given by aquatics professionals. 2. Integrate the "Steps" for Healthy Swimming (see poster on next page) into staff training. 3. Promote good hygiene and safety around the pool by knowing the "Steps" for Healthy Swimming. 4. Inform parents that unhealthy behaviors at poolside and elsewhere are no longer acceptable. Parents told CDC that they wanted to be able to rely on the lifeguards for help and enforcement. 5. Ensure that all staff know the critical role of water testing, _proper testing methods, and how to respond if disinfectant Ievelt are not adequate. 6. Make sure that staff can explain, in a way that is inoffensive and acceptable to parents, why behaviors such as using public tables and chairs for diaper changing is a health risk. Appendix Page 39 This may require that an older, more experienced staff member be assigned to the kiddie pool. 7. Maintaining pool water quality according io existing public health requirements will prevent the spread of most recreational water illnesses (RWIs). STEP 4: Educate swimmers and parents. 1. Educate your season pass holders. You may choose to begin by educating them first since they may feel more ownership of the facility and want to make the facility as safe as possible. 2. Educate your daily patrons. You might hand out prevention messages ("Steps" for Healthy Swimming or CDC brochure) as patrons enter the pool or park area. 3. Remember that people care about their health, so a lead-in might be: "To ensure the health and safety of all our visitors, we ask that you remember to follow these easy "Steps" for Healthy Swimming." Consider implementing a short safety and RWI orientation for larger groups before they enter the pool complex. This is especially important for groups with young children. Siz °Steps" for Protection Against Recreational Water Illnesses (RWIs) PLEASE don't swim when you have diarrhea... this is especially important for kids in diapers. Appendix Page 40 PLEASE don't swallow the pool water. PLEASE practice good hygiene. PLEASE take your kids on bathroom breaks often. PLEASE change diapers in a bathroom and not at poolside. PLEASE wash your child thoroughly (especially the rear end) with soap and water before swimming. STEP 5: Maintain water quality and equipment. Keep the chemical feed equipment and chemicals at optimal levels within state and local government regulations. This includes maintaining the disinfectant at regulated levels; optimal pH (7.2-7.8); alkalinity (80-120 ppm); calcium hardness (200-400 ppm), and total dissolved solids (below 2500mg/liter). As you know, poor pH control can compromise chlorine's effectiveness as a -disinfectant. Remember that maintaining recommended chlorine Water Quality I pH - Poor Chlorine Disinfection - Eye Irritation > 8.0 - Skin Irritation 7.8 - Most Ideal for Eye Comfort and 7.6 Disinfection 7.2 - Eye Irritation - Skin Irritation < 7.0 - Pipe Corrosion Appendix Page 41 •N levels will prevent most bacterial outbreaks such as E. coli 0157:H7. Be sure to monitor chlorine regularly where the chlorine is needed —at poolside. You should be able to prevent waterparks, pools, or hot tubs from running out of chlorine through regular monitoring, and pumphouse and systems checks. Ensure regular and thorough maintenance of the recirculation and filtration equipment to provide maximum filtration. STEP 6: Evaluate aquatic facility design. Some pools and waterparks have already started to redesign their facilities for the purpose of illness protection. If you are building a new waterpark, get feedback from your industry colleagues and public health experts about the safety and protection features you need to consider in the design stage. Pool designers will respond to you, their customer, if you are clear that your public health needs are a high priority and you consider it an investment in safe operations. Evaluate your filtration system. If your kiddie pool filtration —system —is connected with other pools, fecal. contamination can be dispersed from the kiddie pool to the other pools. The best situation is.one in which -there is a separate filtration system for the kiddie pool. Increasing the water turnover rates in kiddie pools may decrease the length of time that swimmers are exposed to contaminating germs. This decision needs to be made in collaboration Appendix Page 42 91 with your state and local regulators and design consultants to avoid causing suction injuries. This may require installation of antivortex drain covers (with no top openings and automatic cut-off valves). When it comes to the spread of some illnesses, filtration can help but it takes substantial time to completely filter the pool. Evaluate your form of disinfection. There is a great deal of interest in new technologies that disinfect pool water such as ozone, ultraviolet (IM irradiation, and mixed oxidants. They look promising. Seek out the experts for the latest information but keep in mind that you are still going to need some residual disinfectant in the pool when using ozone and UV. STEP 7: Institute disinfection guidelines. Even if you are not required to do so, have a written fecal accident response policy and keep records of all fecal accidents, chlorine and pH level measurements, and any major equipment repairs or changes. This may help you respond more efficiently to any problems. You may have little control over a toddler's soiling your kiddie pool, but you do have control over how you document and respond to this occurrence. Appendix Page 43 STEP 8: Evaluate hygiene facilities. In CDC's parent interviews, parents uniformly said they change diapers at poolside because changing rooms were unclean, poorly maintained, and/or had inadequate diaper -changing facilities. Here are some questions that you could ask to improve your facilities: • Do you have an adequate number of facilities? • Are the facilities close to the pool? • Are the facilities well maintained (stocked and cleaned)? • Would you walk barefoot in them as your patrons do? Remember ... ask your patrons for feedback. If your facility is large enough, determine the utility of hiring a person just to maintain the restrooms or consider remodeling your diaper -changing stations. Both improvements may be good investments if they increase the number of parents and children who use them. Install diaper -changing cabanas with soap and running water close by the kiddie pools. This is a great way to discourage parents fnmi changing diapers on tables or lounge chairs. It can also help mothers who are'also keeping an eye on other kids. Although difficult, keep pushing to get swimmers to shower (yes, a soap and water, back -end shower) before using the pool. Dirt, sweat, and fecal matter should go down the drain, not into your pool. Train staff to recognize risky behavior such as changing a child on public tables or chairs. Have them educate patrons about why this is a health risk. Appendix Page 44 93 STEP 9: Develop a bathroom break policy. CDC hopes to heighten awareness about the transmission of recreational water illnesses (RWIs). Parents will continue to want to see regular chlorine testing and appropriate disinfection following fecal accidents. Therefore, why not reduce fecal accidents by helping parents get their children to the bathroom by scheduling an hourly break for disinfectant testing and bathroom use? Staff should let patrons know that this break provides optimal timing for bathroom use. Additionally, to prevent transmission of germs, you should ensure that the bathrooms are clean, that they are stocked with toilet paper, and that they have ample soap for hand washing. If parents ask, tell them this policy not only reduces fecal contamination but also should reduce the amount of urine in the pool that uses up disinfectant that could be killing germs. STEP 10: Create a special policy for large groups of young children. If you allow large groups of diaper/toddler-aged children in the pool (for example, from daycare centers) consider: • Requiring RWI orientation training for the care providers and make sure they understand that your pool, like most daycare centers, also excludes children ill with diarrhea. • Keeping diaper/toddler-aged children in the pools specifically designated for them. STEP 11: Post and distribute health information. Consider providing signage in a conspicuous location before pool entry. The sign might state: Appendix Page.45 • Don't swim when you have diarrhea. • Don't swallow the pool water. • Wash your hands with soap and water after using the restroom or'changing diapers: • Take your kids to the bathroom often. • Change diapers in the bathroom and not at poolside. • Wash your child thoroughly (especially the rear end) with soap and water before swimming. Encourage swimmers to shower with soap and water before entering the pool. This could reduce the risk of pool contamination by removing invisible fecal matter from their bottoms. A quick rinsing over a swimsuit with cold water will not do much good. Facility staff, managers, and home pool staff should consider having hot water available in shower facilities used by swimmers. The recreational water sector is not the only group that needs to participate in the educational process. Parents have told us that they would like to receive this message from various sources before they arrive at the pool. Public health officials have already begun to educate swimmers by making prevention messages available to the general public. STEP 12: Develop an outhreaWemergency response plan. The best advice is to be prepared. If an outbreak does occur, are you ready? Do you have a plan? Most pool staff already have a risk management plan for injuries and drowning, but many do not have plans for managing a recreational water illness (RWI) outbreak. Appendix Page 46 95 • Develop a policy to follow in the event that you begin getting calls from the public, or the health department starts an investigation. Part of this plan should include a strategy to communicate with the local health department and media. • Appoint a spokesperson to ensure that a consistent response is given to outside sources (callers, media, health department, and others), and that these sources have a clear contact person. • Talk to your colleagues who have experience. It can be difficult if you are not ready to speak with reporters and an outbreak occurs. • Collaborate with your local health department. This is always important, plus the investigation may indicate a source unrelated to the pool. • Support the investigation. If the pool is the source of the outbreak, the investigation can often reveal how or why illness was transmitted. This information leads to better illness prevention strategies that can help everyone. Appendix Page47 M Policy Development Swimming Pool Rules and Regulations GENERAL RULES / ADMISSION POLICIES 1. No one will be allowed in the swimming area unless the pool is officially open and a lifeguard is on duty. Entering the pool when it is not open for public use is punishable by fines and/or imprisonment. 2. All persons entering the pool area must pay the appropriate admission fee or present proof of a valid membership or program registration. 3. A driver's license or other ID is required at the admission counter upon entry to the facility. 4. Admission fees must be paid by all persons ages one (1) year and older upon each entry to the facility. Persons leaving the, pool must pay to re-enter. 5. A group of children (ages ten or younger) entering the pool must be directly supervised at pooiside by an adult in swim attire. Groups MUST contact the pool manager before coning to the complex. Groups with children under 4 years of age must provide one adult per child in the water, due to the high risk nature of the activity. 6. If a patron with a disability needs special accommodations to use the pool complex, please contact the pool manager. 7. Guards have the authority to enforce all pool rule. Patrons who repeatedly violate the rules will be removed by the aquatics staff. . FACILITY 1. Food or refreshments may be consumed only at the concession stand or other designated food areas. All refuse and waste papers must be deposited in designated receptacles. Please recycle. Outside food and refreshments are not permitted unless specified for facility rentals. Appendix Page 48 97 2. No grills, gas or electric cooking devices may be brought into the pool complex unless specified for facility rentals. 3. Glass containers, alcoholic beverages, drugs and pets are not permitted in the pool complex. Service animals are permitted. 4. The office telephone and public address equipment may be used only to deliver messages of an emergency nature or facility information about the pool. 5. Employees are the only persons allowed in the staff rooms, filter room, mechanical room, storage room and offices. 7. Smoking is not permitted anywhere within the facility or within 50 feet of it. 9. Single groups shall not monopolize a particular area of the pool and thereby limit its use by or intimidate other patrons. Only scheduled classes, team activities, or rental groups are permitted. Private group uses are not permitted during a recreational swim period and must be scheduled as a private rental. 10. Patron chairs are not permitted within 6 feet of the pool side. 11. If the overhead pool lights go off at night, the pool will be cleared immediately. 12. Groups may rent the facility with twelve or more people and will be charged $12.00 per person. This rate will include a cake for the party, two hour use of the recreational pool with slides, snacks and a forty-five minute use of the multipurpose room. Please refer to the application for use of Family YMCA of the Desert Facilities for more information. LOCKER ROOMS 1. Children 6 years of age or older must change in the appropriate locker room or see the pool manager for special arrangements. Appendix Page 49 M 2. Leave valuables at home. The aquatics staff is not responsible for personal property or valuables at any time. Lost & Found will be emptied weekly. Valuables may not be checked with the cashier or pool staff. Possession of weapons or drugs is punishable by fines and/or imprisonment. 3. Food is NOT permitted in locker rooms. 4. The use of cameras, video cameras or any device containing camera equipment of any kind is prohibited in all locker rooms, bathrooms and changing facilities. 5. Patrons are not permitted to leave locks on lockers overnight (except for rental lockers). Locks will be cut off and locker contents will be placed into the Lost and Found. 7. Use of locker room facilities is limited to patrons for the purpose of changing. Activities such as washing clothes, coloring hair, and other personal grooming activities are not permitted. ATTIRE 1. The swimming pool and decks must be maintained in a sanitary manner for the protection of bathers. 2. Pool users must wear swimming suits or swimming trunks upon entry into the pool. Clothing such as cut-offs, gym shorts, and underwear is not permitted as swimwear. Swimwear should not have been wom for exercising immediately prior to pool use and must be colorfast and of light weight material suitable for swimwear, such as lycra, spandex, or nylon. Clean T-shirts may be wom for modesty or medical reasons if sanctioned by the aquatics staff. BEHAVIOR 1. Socializing with or distracting the pool staff is prohibited. Appendix Page 50 2. No person within the facility shall behave in such a manner as to jeopardize the safety and health of himself/herself and others. Such behavior, including abusive or profane language, is grounds for expulsion. 3. Loitering will not be permitted on the pool grounds or within any of its facilities. 4. Running, boisterous or rough play, pushing, acrobatics, dunking, wrestling, splashing, yelling, diving or jumping haphazardly, snapping of towels, improper conduct causing undue disturbances on or about the pool area or any acts which would endanger any patron are prohibited. 5. Spitting, spouting water, blowing nose, urinating, or deficating in the pool is prohibited. 6. No prolonged underwater swimming for time and/or distance. Competitive and/or repetitive breath holding can be deadly and is not permitted. 7. Gum chewing is not permitted anywhere in the pool complex for health and safety reasons. 8. Swimming under the diving boards is prohibited. AGE RESTRICTIONS 1. Infants/children who are not toilet trained and adults who are incontinent who wish to enter any pool must wear both a disposable swim diaper and a disposable or reusable diaper cover, all of which must fit snugly around the legs and waist. If the diaper becomes soiled, this person must leave the pool immediately, and may not return until he/she has taken or been given a soap shower and. has been recovered by a new diaper and diaper cover. 2. Children under 10 years old entering the pool complex must be accompanied and cared for (at pooiside) by a responsible person 16 years old or older, in bathing suit attire. Children under 4 years old need to have a responsible person in the water with them and within arms reach at all times. Appendix Page 51 100 3. After 6 p.m. anyone under the age of 13 years old who is not accompanied and supervised at the pool by an adult (18 years old and over) must leave the pool complex. HEALTH / SAFETY POLICIES 1. Due to the strenuous nature of some activities, the participant is advised to consult his/her physician concerning fitness to participate. All activities present certain inherent risks and hazards which the participant assumes. 2. Persons under the influence of alcohol or drugs will not be permitted in the pool complex or in the surrounding area. 3. Any injury occurring within the facility must be reported to the pool manager immediately. 4. All patrons must take a cleansing soap shower before entering the pool. Sun bathers SHOULD shower before each entrance into the water in order to rinse off perspiration, lotions, sunscreens, etc. 5. Any person with a skin disease, sore or inflamed eyes, cold, nasal or ear discharge, communicable disease, or who is wearing any kind of bandage will not he permitted in the pool. 6. Persons having any considerable area of sub -skin tissues, open blisters, cuts, etc., are warned that these are likely to become infected. Such persons may not use the pool. 7. Any adult or child who is experiencing even a mild case of diarrhea may not use the pool. EQUIPMENT / TOYS 1. Toys, balls, inner tubes, inflated boats, and rafts are not permitted within the facility. 2. Wearing eyeglasses in the pool is discouraged unless absolutely necessary. Non -breakable lenses and frames are necessary for.safety. 3. Coast Guard approved and labeled personal flotation devices, such as vests designed to provide vertical support, may be worn within the facility. Each individual wearing a personal Appendix Page 52 101 floatation device must be accompanied by an adult in the pool, within arms reach. No back floats, bubbles, rings, or one-sided flotation devices are permitted. 4. The use of masks and snorkels by patrons 14 years and older in the lap lanes may be permitted at the discretion of the aquatics staff. 5. Specialized equipment, such as kickboards, fins, or paddles, is only permitted in the lap lanes. 6. The use of the starting blocks is restricted to approved swim practices, swim meets, and during instruction. 7. Headphones must be wom when listening to musical entertainment devices. RULES FOR DIVERS 1.Only one person is allowed on the diving apparatus (including the ladder) at a time. 2. Divers must dive straight from the front end of the board. 3. Recreational divers may not spring more than once on the board. 4. Upon surfacing, immediately swim to the nearest ladder. Do not swim under the boards at ANY time. 5. A diver must wait until the preceding diver has surfaced and reached the ladder. 6. No general swimming is permitted in the diving area unless the diving boards are closed by staff. 7. Diving board users must be able to swim to the ladder unassisted. 9. Cart wheels and handstands off the board or the side of the pool are prohibited. 10..Goggles, masks or flotation devices may not be worn when going off of the diving board. 11. Diving is only permitted in designated areas of the competition pool. LAP SWIlVIMING *Please Stay Off Of Lane Dividers* Appendix Page 53 102 1. Periodically, lanes will be divided off for those persons wishing to swim lengths undisturbed. Persons not swimming lengths should remain in other pool areas. For effective use, swimmers should swim counterclockwise near the lane markers and pass in the middle when more than 2 swimmers are in a lane. 2. Lanes in the pool may be divided off for adults (18 years old and older) to swim laps. Adults not swimming laps should remain in other areas of the pool. 3. Youths who show evidence of being serious lap swimmers may be granted percussion by the aquatics staff to swim laps in the lap Ianes during general swim or lap swimming times. 4. Lap swimmers should arrange themselves by speed in the lanes. Please consult the directions posted or ask a lifeguard. 5. Stop only at the turning walls. Move to the side to allow others to turn and continue. 6. Lap lanes are intended for multiple swimmers. LESSONS 1.Only aquatics staff and contractors that have been authorized to teach swimming may utilize the pool to provide swimming instruction. 2. Parents, in order to assist us in offering a quality program for your child, we ask that you do not remain at the class unless it is otherwise stated in the description of the class. Experience has shown that children are easily distracted when family members interfere. 3. The program fee covers only. the lesson and no other use of the facility. 4. Participants may enter the pool area only 10 minutes before the start of the class. 5. Lesson questions should be directed to the facility where you wish to enroll. 6. Withdrawal policies will be STRICTLY followed and applies to class transfers. 7.Observation is allowed from designated areas ONLY. Appendix Page 54 103 WATER SLIDES 1. All sliders must be at least 48" tall. The dispatchers will turn away others. Younger children may not ride with their parents. 2.Only one person on the slide at a time. 3. Slide feet first only, on your back. Keep arms crossed and hands and feet inside the slide at all times. 4. No stopping, turning, standing, kneeling or rotating. 5. Goggles and glasses are prohibited. 6. Start slide when directed by dispatcher. 7. Exit receiving pool immediately. 8. Keep the line against the wall. 9. If the tower rules are not maintained, or anyone creates a disturbance in line, they will be denied its use by the aquatics staff. WEATHER 1. Rain checks may be issued when the facility must be closed due to storm or equipment malfunction. They will only be issued to those admitted within 30 minutes of the closure. 2. During storms, the pools will be closed and the entire area cleared of patrons at the discretion of the aquatics staff. The pool will normally open fifteen (15) minutes after the storm has passed. SWIM TESTING AND WRIST BANDS 1. Any patron wishing to enter the facility must participate in a swimming test performed by the aquatics staff upon their first visit to the facility. Appendix Page 55 104 2. Upon completion of the swimming test, the patron will be given a computer file that contains their swimming test information. This information will be referred to any time the patron enters the facility at the check -in counter. 3. Patrons will be given either a red, yellow or green swimming code color with corresponding wrist band upon each entry to the facility. The code color will remain for six months before the patron has the option to re -test. 4. A red wrist band will indicate that the patron is a weak swimmer and cannot utilize the 50 meter pool or slides at any time. These patrons may utilize the recreational pool and water play features at the discretion of the aquatics staff. 5. A yellow wrist band will indicate that the patron is a mediocre swimmer and can utilize the facilities at the discretion of the aquatics staff, but may be removed from any component of the facility at any time if designated by the aquatics staff. 6. A green wrist band will indicate that the patron is a strong swimmer and can utilize the facilities at the discretion of the aquatics staff. Should this patron prove to have issues in deep water, behavior problems, etc, they may be removed from any component of the facility at any time if designated by the aquatics staff. Appendix Page 56 105 Signing Philosophy Philosophy: The proposer fully understands that all signs must be clearly visible and legible from short and far distances and must be regularly checked for updates and sign maintenance. The aquatics staff will happily provide aquatic facility tours in which they will point out each sign to the patrons and explain what they mean and why they are posted in specific places. This will give patrons a good chance to ask any safety questions they may have so patrons and staff members are all on the same page. The proposer will also order extra signs as back-up should anything happen to the signs posted. All rules and regulations must be abided by for anyone entering the facility, and anyone that does not abide by rules and regulations will be given a warning and/or promptly removed from the facility. All signs will be bilingual. Types of Signs: Employees Only/Do Not Enter: Located around the facility indoors and outdoors so patrons know what areas they may or may not utilize while inside the facility. Emergency Evacuation/Fire/Earthquake Drills: Located around the facility indoors and outdoors so patrons are aware of how to evacuate the facility safety. Enter Here/Exit Here: Located around the facility so patrons know where to enter and exit. CPR and First Aid Signs: These signs are important to demonstrate to patrons how basic CPR and First Aid procedures are carried out. First Aid Kit Located Here/Emergency Supplies Located Here/Emergency Contacts and Forms Located Here: These signs will be important to staff and patrons should they need to locate emergency supplies or first aid supplies. Appendix Page 57 M. Danger. Do Not Enter: Used for chemical storage rooms, etc so patrons know they may not enter certain areas of the facility. Depth markers: In and around all pools. These are used for patrons so they know what depths all pools are for general safety. No Running: This sign will be posted around every pool feature and every room indoors and outdoors. Pool decks can be slippery when wet and running will not be tolerated due to slips and falls. Caution: Slippery When Wet: This sign will be posted around every pool feature and every room indoors and outdoors, further stressing to patrons the importance of not running around the facility. Warning: Pool Closed Do Not Enter: This sign will be posted on the entrance gates and around any pool that is closed at any time. This will notify patrons that the pool is closed and entering is a crime punishable by law. Warning: No Lifeguard on Duty: This sign will be posted around the facility when it is closed, further illustrating to patrons that their safety is at stake should they swim when facility is closed and a lifeguard is not on duty. In Case of Emergency Call 911: This sign will be posted around the pool deck and indoor areas to remind patrons of the importance of calling 911 should an emergency arise. Pool Capacity: i Persons: There will be a sign for each pool and the children's play area for patron safety so patrons and staff members know how many people can reasonably swim in each component of the aquatic center without jeopardizing safety. Appendix Page 58 107 Children under the Age of _ Must Be Accompanied by an Adult: Children of a certain age will not be allowed to enter the facility without an adult due to safety reasons. This sign will be posted at the front entrance and around the aquatics facility. No Diving: This sign will be posted around any aquatics component where diving will not be permitted (therapy pool, slide structure, water spray features) at any time to reinforce to patrons that diving in undesignated areas is not safe and will result in immediate removal from the facility. • SEW[ tIg1AMAF�O • 1,7ROABIMRIMAC�OIOMIItO RARMW • OOR1MrlQIO6MOKOON0. ORMU • WAMROMIiWMUIH V�I OWNIMM . MOOMOPMAOA • nowrri►w�oa �arwAraooeraa This is an example of a sign that will be posted around the facility and in the locker rooms with basic pool rules that all patrons must abide by. This will also state that a shower must be taken before entering the pools. PUMM FUMN OFAMM Mumma arm WIMMO ar+saeo Unift This is an example of a sign that will be posted in locker rooms and restrooms during facility hours and when the facility needs to be cleaned. Appendix Page 59 MA"MU N Olt ANraMPLOM WTMUMMMOON NXIM ArearM o1loOfQ A u ORNIM A O A To ensure that the facility is always in clean and operating order this sign will be posted in the restrooms. Eye WashinglAED Systems: Labeled so patrons and staff members know where they eye washing and AED system can be found. Appendix Page 60 109 FAMILY YMCA OF THE DESERT SAFETY TRAINING CALENDAR General Monthly Safety Notes 1. All forms are to be turned in to Safety Officer. 2. Monthly Safety Meeting Topics are listed for each month; please consult your Safety Manual for more detailed information on each subject. 3. At each monthly safety meeting staff are to sign in on the "Report of Safety Meeting" form. 4. The Safety Committee will conduct Annual Building Inspections in November. Additional Safety Reminders 1. Reports of unsafe conditions and/or hazards are due to your supervisor within 12 hours of receiving notification. 2. When you have completed a Notice of Safety Infraction regarding an employee the form is due to your supervisor with 24 hours of meeting with the employee. 3. Employee Accident Report is due to your supervisor within 24 hours of an employee's accident. 4. New Employee On -Site Safety Training Records are due to be completed and turned into Human Resources within 5 days of New Employees 1 t day of employment. Appendix Page 61 110 FAMILY YMCA of THE DESERT- SAFETY TRAININt; CAI FNnAR Month Site Safety Attendee Meetings Forms due July MoMW Safety Medtng. Meetings due All attendees Materials pfe data•sheeta by the 20ra of sip the 0 Labeling cleaners each month site ste cc ✓ Review employee accidents from prior month- discuss prevention shad and anti in to ✓ Emergency Evacuation Drill (FirdFarthquake) Safety ✓ Complete checklist and restock supplies for blood home pathogens, fast aid & disaster Committee preparedness kits. by the 11' of ✓ Inspect Fire Extinguisher the following month. August Monthly Safety Meeting: Van Tralnlm 20th 5th * Employee communication trainings: Position safety instruction 0 Safety instruction 0 Correctional safety talks. ✓ Review employee accidents from prior month- discuss prevention ✓ Emergency Evacuation Drill (FirdEarthquake) ✓ Complete checklist and restock supplies for blood home pathogens, first aid & disaster preparedness kits ✓ Inspect Fire Extinguisher September Mwuhly Sgiety Mee tsg: Hazard Assessment Control — child tare ensoloyee 20th 5th ✓ Review employee accidents from prior month- discuss prevention ✓ Emergency Evacuation Drill (Fire/Earthquake) ✓ Complete checklist and restock supplies for blood borne pathogens, first aid & disaster preparedness kits. ✓ Inspect Fire Extinguisher October Monthly Sal M�edJn .— 20t6 Sth �0 Review —hand -washing procedures 0 Universal precautions 0 Familiarize with symptoms ofoornmon infections • Review First Aid • Employee txmtpliance to safety regulations. - Progressive disciplinary action Appendix Page 52 111 FAMILY YMCA rw TI•IE IiFSFRT. StJFFTV TRniMnwr- (`A1 CKWIAM Month Site Safety Attendee meeft Forms due November Monthly Safety Muting. Proper =a of fire extia wisher/alarm �✓ 20th Review employee accidents from prior month- discuss prevention ✓ Emergency Evacuation Drill (Fire/Earthquake) ✓ Complete checklist and restock supplies for blood home pathogens, first aid & disaster preparedness kits ✓ Inspect Fire Extinguisher BUILDING INSPECTION THIS MONTH December Monthl S e Meedn 4 Safety gloves (food, diapering, and body fluids) 200 5th Blood pathogen • Health checks 4 Sanitation/cleanliness ✓ Review employee accidents from prior month- discuss prevention ✓ Emergency Evacuation Drill (Fire/Earthquake) ✓ Complete checklist and restock supplies for blood home pathogens, first aid & disaster preparedness kits ✓ Inspect Fire Extinguisher January Monthly Saft Meeting., First Aid -� 20a 5th Review employee accidents from prior month- discuss prevention ✓ Emergency Evacuation Drill (Fire/Earthquake) ✓ Complete checklist and restock supplies for blood home pathogens, first aid & disaster preparedness kits ✓ Inventory disaster preparedness kit. ✓ Inspect Fire Extinguisher February Monthly Safety Meeting: Accident prevention 20th 5th • Proper use of equipment * Proerg dresa/shoes Accident/injury procedures • Reporting incidents •investigation • Seeking medical attention r Employment -accident report , • Workers keno Emergency Evacuation Drill (Fire/Earthquake) .4 Complete checklist and restock supplies for blood borne pathogens, first aid & disaster preparedness kits + Inspect Fire Extinguisher Appendix Page b3 112 FAMILY YMCA OF THE r)FSiFRT . RAFFW TRAW11dr3 rAI GNnIAC Month Site Safety Attendee Neeft Forms due March Monthly Safety Meeting: 20th 5th Accident prevention 0 Proper lining d Pro er use of ladders ✓ Review employee accidents from prior month• discuss prevention ✓ Emergency Evacuation Drill (FimlEarthquake) ✓ Complete checklist and restock supplies for blood home ✓ pathogens, fast aid & disaster prepaedness kits ✓ Inspect Fire Extinguisher April Monthly Safety Meeting: Safety checks & CPR refresher: 20� 4-Playground / Program equipment 5th s Sanitation Plu lets ✓ Review employee accidents from prior month- discuss prevention ✓ Emergency Evacuation Drill (FirwEarthquake) ✓ Complete checklist and restock supplies for blood borne pathogens, first aid & disaster preparedness kits ✓ Inspect Fire Extinguisher • Employee Rights and Responsibilities ? Proper dress 0 Review First Aid May Monthly Safely Meeting: Seasonal Hazards 2tkh Sth ✓ Review employee accidents from prior month- discuss prevention ✓ Emergency Evacuation Drill (FirclEarthquake) ✓ Complete checklist and restock supplies for blood home pathogens, first aid & disaster preparedness kits. ✓ Inventory disaster preparedness kit ✓ Inspect Fire Extinguisher Jane Monthly Safely Meeting: 1Drivh► 206 5th ✓ Review employee accidents from prior month -discuss prevention ✓ Complete checklist and restock supplies for blood home pathogens, first aid, &, disasterpreparttiness kits. ✓ Inspect fire extinguisher Appendix Page 64 . 113 YAQUAICS. We build strong kids, strong faotilies, strong aommunides. Program Evaluation Learning to swim is a big. step for most children. Swimming increases their motor coordination and confidence, while also helping them acquire skills that will last a lifetime. We're learning too! Each year we try to improve our aquatics and repeat those activities and drills which are most successful. This is where we need your help! Please answer the following questions to help make our program better! We need these the last day of the swim lesson session. Instructors Name Lesson Time Thank you for your support and suggestions. How did you hear about the Aquatics Program at the YMCA? Newspaper Flyer _Radio TV _Friend _YMCA Staff _Other How would you rate your child's improvement during the swim lessons? (10 being best) 1 2 3 4 5 6 7 8 9 10 How effective were the teaching skills employed by the instructor? 1 2 3 4 5 6 7 8 9 10 How would you rate the individual attention given to your child? 1 2 3 4 5 6 7 8 9 10 How would you rate the Y's swim program if you were recommending it to others? 1 2 3 4 5 6 7 8 9 10 Rate the value you received for the fee charged 1 2 3 4 5 6 7 8 9 10 How can the YMCA make this program better? Thank you for your cooperation in helping the YMCA build a betterr swim program. YMCA BUILDS CHARACTER IN IDS Staff use only Appendix Page 65 114 the Mission Statement To put Judeo-Christian prindpies Into practice through programs that build healthy spirit, mind, and body for all. REGISTRATION AND MEMBERSHIP APPLICATION I Prefix: I First: I Initial: I Last: I Would you be Interested In volunteering? [ ] YES ZIP Code: State: City: Home Phone: Business Phone: Cell Phone: Name of Employer: Occupation: Date of Birth: �_/ Gander: [ ] MALE [ ] FEMALE Email: zrv_r .ss� ffMICrrY/RACE: ❑ White ❑ Bia&4ftcan American ❑ Asian ❑ American Indlan/Native Alaskan ❑ Native Hawaiian/Pacific Islander ❑ Native Indlan/Alaskan & White ❑ Asian & White ❑ Bladr/Af scan American & White ❑ Native Indian/Alaskan & Black/African American ❑ Hispanic ❑ Hispanic & Why ❑ Hispanic & Black ❑ Hispanic &Asian ❑ Hispanic & Native Indlan/Akiskan ❑ Hispanic & HawallanJPaclfic Islander ❑ Hispanic & Native Indian/Alaskan & White ❑ Hispanic/Asian & White ❑ HispanIc/African American & White ❑ Hispanic/IndlarVAlaskan & BUKWAfiican American —r-- Name: Phone; Cell: FAMILY MEMBER INFORMATION —PLEA& LIST ONLY THOSE WHO dRE PART OF YOUR HOUSEHOULF' ITAMM First Name: initial: TLast Name: Date of Birth: �J_ Gender: MALE FEMALE Wover Oaarpation: CeA Phone: Business Phone: CHD.DREN — DEPEIDEMS AND APPLICANTS UNDER la YEARS OF AGE First Narn4: Initial: Last Name: ' . Date of Oft-, Gender: MINE [ JF6iALE First Name: Initial: Last Name: Date & Firth: --J._J— Gender: MALE FEMALE First Name: Initial: Last Name: Date of Birth: --/J_ Gender. MALE FEMALE Fist Name: Initial: Last Name: Date of Birth: Gender: MALE FEMALE How marry persons are In your household? Who claims tread of household on your taxes? [ ] MALE [ ] Ft@9ALE PLEASE 7VRN OVER TO MONL L40IU77 Appendix Page 66 115 CIRCLE YOUR COMBINED GROSS ANNUAL INCOME af•B/mr--Vae—XW The (blowing information will remained a nridentlai and Is necessary tb ru8ill YMCA grant requirements. NUMBER OF PERSONS IN YOUR HOUSEHOLD: 1 2 3 4 5 6 7 8 $0 — 13 650 $0 — $15,600 $0 — $17,550 $0 — $19,500 $0 $21,100 $o- $22,650 $0- $24,200 $0 — $25,750 $13,651— ZZ 750 $15,601— $26,000 $17,551— $29,250 $19,501— $32,5DO $21,101— $35,100 $22,651— $37,700 $24,201— $40,300 $25,751— 2 900 $22,751— 400 $26,001— 1600 $29,251— $46,800 $32,501— $52,ODO $35,101— $56,2DO $37,701— $60,350 $40,301— $64,500 2,901- $68,650 Over 36 401 I Over 41601 Over B01 Over 52 001 Over 56 201 Over 60 51 Over 64 501 over $68,651 RELEASE and WAIVER of LIABILITY AGREEMENT MEMBER/CHILDREN/GUEST IN CONSIDERATION of being permitted to utilize the facilities, services, programs and activities of the YMCA and/or for my children to so participate for any purpose, including, but not limited to observation or use of facilities or equipment, or participation in any off -site program affiliated with the YMCA, the undersigned, for himself or herself and participating children and any personal representatives, heirs, and next of kin, hereby acknowledges, agrees and represents that he or she has, or Immediately upon entering or participating will, inspect and carefully consider such premises and facilities or the affiliated program. It is further acknowledged that such entry into the YMCA for observation, use of any facilities, equipment or participation in any affiliated program constitutes an acceptance that such premises and all facilities and equipment thereon and such affiliated program have been inspected and carefully considered and that the undersigned finds and accepts same as being safe and reasonably suited for the purpose of such observation, use or participation by the undersigned and such children. I (We) do hereby assume full responsibility for any and all damages, Injuries, or losses that I (We) may sustain or incur, H any, while attending or participating in any YMCA facilities, services, programs, activities or off -site affiliated program Including exercise. I hereby waive all claims against the Family YMCA of the Desert, its Instructors, employees or partners of said program, individually or otherwise, for any and all claims for Injuries or damages I (We) might sustain. I (We) understand that there is a risk of Injury associated with participation in any YMCA program and I (We) certify that I (We) am In good physical condition and in condition to participate. I (We) certify that all of the information provided on this application is correct and true. CONDITIONS OF MEMBERSHIP &ACTIVITY PARTICIPATION MEMBER CONDUCT AND RIGHT TO USE FACILITY: The applicant agrees to abide by all rules and regulation of the Family YMCA of the Desert and its operating units and understands that failure to act in accordance with the rules may result in expulsion from the YMCA and cancellation of membership. PROPERTY LOSS: The applicant(s) understands the YMCA is rat responsible fof personal property lost, damage or stolen while using YMCA facilities or participating in YMCA programs. INSURANCE: The applicant(s) understands that. the YMCA does not provide any accident or health insurance for its members or participants and further onderstanO. it Is. the applicant's responsibility to provide such coverage. PHOTO RELEASE: I understand that any pictures taken of myself and/or my family may be used for publicity purposes. ACCEPTANCE/RELEASE: *1(We) acknowledge the conditions of membership, state above, for myself and on behalf of the minor applicants listed, if any. I (We) understand that even when reasonable precaution is taken, accidents Involving participants can still happen. Therefore, I (We) hereby release the Family YMCA of the Desert, Its agents, and employees from any and all claims for injury, illness, death, loss or damage which may result as a member in any YMCA program activity, service or facility. Signature of Applicant Date Print. Name of Parent/Guardian of applicants under 18 Date Appendix Page 67 116 the roatrounloeva,MM Family YMCA of the Desert m FOR SOCAA RMHEALINYMM Program Registration Shirt size Participant's Name Age Grade DOB Program Youth/Adult E-Mail Address Cell Phone Mother's Name Home Phone Work Phone Father's Name Home Phone Work Phone . -T . .1 1 Persons to be called in case of an emergency if parents CANNOT be reached: Name Home Phone Work Phone Volunteer Information LJ Coach U Assistant Coach L___f Team Parent Name Player you want to coach Day time phone I understand that certain activities sponsored by the YMCA carry the risk of injury and acknowledge that members of my family and I are voluntarily participating in these activities with the knowledge of risk involved. I understand that the YMCA doss not carry accident or health insurance and I hereby release the YMCA from any claims or actions that I, my legal representative's orheirs may now or hereafter havefor injury or damage resulting from my participating in the YMCA. In the event of sickness or accident, the Family YMCA of the Desert has my authorization to secure, at my expense, such medical attention for me to any members of my family as deemed necessary. This care may be given under whatever conditions are appropriate to preserve the health and safety of the individual in the reasonable judgment of the YMCA personnel. Parent/ Guardian Signature Date Playa's inquest Only one request per playa will be considered. Appendix Page 68 117 9 € 8 N N t3 C ° rr�� xl � d so O. E _ y O L C C 1~D O N N Q N Q E E Act c E o$ c v v3 m v'i c axe oo Iv o u9Qa'3�n3 '3aS3 118 Z % 119 0 2 9 m $ 3 V W A ` ^� u 2 m 5� 3 C C S I I c Xr p ifth I W a uj aL C Cp W+n �/ pCLL •(4Tp 6 C11 s o J CL "(gN2N J,— �N a a a a a N fC 14: eC tC CG dj o � fV fG 1� 120 EXHIBIT "B" PALM DESERT AQUATIC CENTER PROGRAM BUDGET 121 EXHIBIT "B" DRAFT PALM DESERT AQUATIC CENTER PROGRAM BUDGET Palm Desert 2011-2012 G/L Numbers (Description lone Year Projection YMCA I City Paid Directly REVENUE: Fees Daily Admissions 126,840.00 Three Month Passes 47,000.00 One Year Passes 57, 760.00 Corporate/Group 20, 000.00 Rental Income 72,125.00 Program Income Aquatics 125, 520.00 Contract 1,000.00 Other Resale Items 7,600.00 Umbrella Rentals 20,000.00 Special Event Income 5,000.00 Concession Income 53,000.00 Vending Income 5,000.00 TOTAL REVENUE 540,735.00 0.00 PAYROLL Personnel 667,034.00 Swim Instructors Food & Beverage Salaries Marketing/P.R. Salaries Facility Maintenance TOTAL PAYROLL 667,034.00 OTHER EXPENSES Advertising/P.R. 13,250.00 Bank Charges 3,200.00 Contract Service 0.00 100,000.00 Dues 500.00 Electricity 0.00 130,000.00 FoodIVending/Concessions 25,000.00 Gas 0.00 38,000.00 Insurance Expense 30,000.00 Janitorial Expense 18,650.00 M&R Supplies 1,500.00 Miscellaneous/Other Expense 7,100.00 Office Supplies 4,250.00 Pool Chemical Expense 0.00 90,000.00 Postage Expense 3,000.00 Printing Expense 7,000.00 Program Supplies 4,300.00 Rental Equipment 1,000.00 Retail items 5,000.00 Telephone 3,000.00 Training/Conference Expense 5,000.00 Trash Expense 0.00 Uniform Expense 2,480.00 Water/Sewer 0.00 10,000.00 Management Fee 120,000.00 TOTAL EXPENSES: 921,254.00 358,000.00 NET INCOMEI(LOSS) (380,529.00) (3W,000.00) Total Operations Expenditures: 1,289,264.0 Effective Recovery Rate: 421/6 122 REQUEST FOR PROPOSALS FOR THE CITY OF PALM DESERT AQUATICS CENTER — MANAGEMENT, OPERATIONS CONTRACT WITH OPTIONAL MAINTENANCE COMPONENT (PROJECT NO.730-11) PALM DESERT OF PUB141C WORKS Mark Greenw d .E., Direc or of Public Works 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 (760) 776-6450 Key RFP Dates RFP Issued: October 6, 2010 Pre -proposal Conference: Submit Written Questions: Responses Posted: Submit Proposals: Interview Date: Contract Execution: 11 am on October 19, 2010 5 pm on October 22, 2010 October 29, 2010 2 pm on November 12, 2010 December 1, 2010 January 14, 2011 Table of Contents NOTICE INVITING PROPOSALS.......................................................................... i SECTION I — INSTRUCTIONS TO PROPOSERS................................................1 SECTION II — PROPOSAL CONTENT and Forms...............................................7 SECTION III — EVALUATION AND AWARD......................................................14 SECTION IV — SCOPE OF WORK.....................................................................18 SECTION V — PROPOSED DRAFT AGREEMENT............................................25 APPENDIX I — CITY COMPLETED OPERATIONS STUDY...............................48 NOTICE INVITING PROPOSALS NOTICE INVITING PROPOSALS PROFESSIONAL SERVICES FOR THE CITY OF PALM DESERT AQUATICS CENTER - MANAGEMENT, OPERATIONS CONTRACT WITH OPTIONAL MAINTENANCE COMPONENT (PROJECT NO. 730-11) PUBLIC NOTICE IS HEREBY GIVEN that the City of the Palm Desert, as AGENCY, invites proposals for the above stated services and will receive such proposals in the offices of the Public Works Department up to the hour of 2 pm on November 12, 2010. Proposals received after this date will be returned to the Proposers unopened. Faxed or electronically submitted proposals will not be accepted. The Proposer services consist of professional services required to enter into an agreement to manage, and operate the City of Palm Desert Aquatic Center located at 73-000 Magnesia Falls Drive, Palm Desert, CA. The scope of work, content of the proposal, and the selection process are described in the "Request for Proposals." It is the City's intent that all firms obtain the full content of this Request for Proposals (RFP) and any addenda via the City's website located at www.citvofpalmdesert.orq and from the main menu, under "Quick Links," click on "Projects Up For Bid". Primary firms that anticipate submitting a proposal are required to send a letter or email to the City acknowledging receipt of the RFP to the address specified below so that the City can add the firm to its notification list. Please include the following information: —Name of Firm -Contact Person —Address -Telephone, Facsimile Number and E-Mail Address A copy of this RFP may also be requested by contacting the person below. When requesting the RFP, please include the above information. For more information regarding this project and to acquire the RFP, please contact: City of Palm Desert Department of Public Works Attention: Ryan Stendell, Senior Management Analyst rtendell@cityofpalmdesert.org 73-510 Fred Waring Drive Palm Desert, California 92260-2578 P: (760)436.0611 F: (760)341.7098 Proposals submitted to the City must comply with the "Key RFP Dates" listed on the cover page of the Request for Proposals, and must comply with Section I, "Instructions to Proposers" and must contain all of the information requested in Section II, "Proposals Content", for the Scope of Services in Section IV. Proposals will be evaluated and ranked in accordance with Section III, "Evaluation and Award." The final ranked firms must be willing to sign an agreement with the terms and conditions shown in the City Proposed Draft Agreement in Section V. A pre -proposal conference will be held at 11 am on October 19, 2010 at the City of Palm Desert, 73510 Fred Waring Drive, Palm Desert, CA 92260 in the Administrative Conference Room. All prospective Proposers are encouraged to attend the pre -proposal conference. Any questions from the pre -proposal conference will be addressed in an addendum. All changes to the Request for Proposals, if any, will be addressed through the issuance of an Addendum to the RFP. All questions must be put in writing and must be received by the City by 5 pm on October 22, 2010. Please note that the City will not be responsible for mailing any addenda. All addenda will be published on the City's website. Proposers are encouraged to check the website regularly since each Proposer will be responsible for downloading the RFP and all addenda. Interviews are scheduled for December 1, 2010 at the City of Palm Desert, 73510 Fred Waring Drive, Palm Desert, CA 92260 in the Public Works Conference Room. Please keep this date open. Failure to appear at the interview will cause the Proposer to be eliminated from further evaluation. The City reserves the right to postpone the interview date, or cancel an interview, at its sole discretion. Proposers shall be notified in advance of any such postponement or cancellation. SECTION I - INSTRUCTIONS TO PROPOSERS SECTION I - INSTRUCTIONS TO PROPOSERS A. PRE -PROPOSAL CONFERENCE A pre -proposal conference will be held on 11 am on October 19, 2010 at the City of Palm Desert, 73510 Fred Waring Drive, Palm Desert, CA 92260, Administrative Conference Room. All prospective Proposers are encouraged to attend the pre -proposal conference. B. EXAMINATION OF PROPOSAL DOCUMENTS By submitting a proposal, Proposer represents that they have thoroughly examined and become familiar with the work required under this RFP and they are capable of performing quality work to achieve the City's objectives. C. ADDENDA The City reserves the right to revise the RFP documents. Any City changes to the requirements will be made by written addenda to this RFP. Any written addenda issued pertaining to this RFP shall be incorporated into the terms and conditions of any contract resulting from this RFP. The City will not be bound to any modifications to or deviations from the requirements set forth in this RFP as the result of oral instructions. Proposers shall acknowledge receipt of addenda in their submittal. Failure to acknowledge receipt of all addenda may cause the Proposer to be deemed non -responsive to this RFP and be rejected without further evaluation. D. CITY CONTACT All questions and/ or contacts regarding this RFP are to be directed only to: City of Palm Desert, Department of Public Works Ryan Stendell, Senior Management Analyst 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Phone: (760) 776-6450, Fax: (760) 341-7098 E-Mail: rtendell@cityofpalmdesert.org Except for Ryan Stendell, Senior Management Analyst, no contacts of any kind shall be made with any of the City's staff. It is intended that the Proposer selection shall be made on merit alone within the process described in this RFP. Violation of this condition shall be cause for immediate disqualification of a Proposer's submittal. 2 E. CLARIFICATIONS AND QUESTIONS 1. EXAMINATION OF DOCUMENTS Proposer is responsible for reviewing the RFP documents prior to the Submittal Due Date and for requesting clarification or interpretation of any discrepancy, deficiency, ambiguity or error, or omission contained in the RFP documents. Proposer shall notify the City in writing, in accordance with Section E.2. below, and should it be found by the City that the point in question is not clearly and fully set forth; the City will issue a written addendum clarifying the matter, which will be posted on the City's website. 2. SUBMITTING REQUESTS a. All questions must be put in writing and must be received by Ryan Stendell, Senior Management Analyst no later than 5 pm -on October 22, 2010. b. Requests for clarifications, questions, and comments must be clearly labeled, "Written Questions: RFP — THE CITY OF PALM DESERT AQUATICS CENTER —MANAGEMENT, OPERATIONS CONTRACT WITH OPTIONAL MAINTENANCE COMPONENT (PROJECT NO. 730-11) " The City is not responsible for failure to respond to a request that has not been appropriately labeled, and addressed to City of Palm Desert, Department of Public Works, Ryan Stendell, Senior Management Analyst. c. Any of the methods of the City Contact set forth above may be utilized for delivering written questions as long as the questions are directed to Ryan Stendell, Senior Management Analyst and received no later than the date and time specified above. US Mail: City of Palm Desert, Public Works 73-510 Fred Waring Drive, Palm Desert, CA 92260 Personal City of Palm Desert, Public Works Courier: 73-510 Fred Waring Drive, Palm Desert, CA 92260 Facsimile: (760) 341-7098 Email: rtendell@cityofpalmdesert.org 3. CITY'S RESPONSES Responses from the City will be posted on the City's website no later than 72 hours prior to the submission deadline. Proposers may download responses from the City's website at www.cityofr)almdesert.ora. 3 F. SUBMISSION OF PROPOSALS 1. DATE AND TIME Proposals must be submitted at or before 2 pm on November 12, 2010. Submissions received after the specified date and time will be rejected without consideration or evaluation. Submissions may be delivered via U.S. Mail, personal delivery or commercial courier service to the appropriate address specified above. Faxed or electronic submissions will not be accepted. 2. IDENTIFICATION OF PROPOSALS Proposer shall submit one (1) original unbound, five (5) bound copies, and one (1) digital copy of its proposal in a sealed package. The package must be addressed as shown prior, bearing the Proposer's name and address and clearly marked as follows: "RFP: THE CITY OF PALM DESERT AQUATICS CENTER — MANAGEMENT, OPERATIONS CONTRACT WITH OPTIONAL MAINTENANCE COMPONENT (PROJECT NO. 730-11)" Proposers shall be entirely responsible for any consequences resulting from any inadvertent opening of unsealed or improperly identified packages. It is the Proposers' sole responsibility to see that its proposal submittal is received as required. 3. ACCEPTANCE OF PROPOSALS/CITY'S RIGHTS a. The City reserves the right to accept or reject any and all submittals, or any item or part thereof, or to waive any informalities or irregularities in the submittals. b. The City reserves the right to withdraw or cancel this RFP, or any part hereof at any time without prior notice and the City makes no representations that any contract will be awarded to any Proposer responding to this RFP. c. The City reserves the right to issue a new RFP. d. The City reserves the right to postpone submittal openings for its own convenience. e. The City reserves the right to require confirmation of information furnished by Proposer or for the Proposer to provide additional evidence of qualifications to perform the work or to obtain information from any source that has the potential to improve the understanding and evaluation of the submittals. 4 Submittals received by the City are considered public information and will be made available upon request after award. g. Submittals are not to be copyrighted. G. PRE -CONTRACTUAL EXPENSES The City shall not, in any event, be liable for any pre -contractual expenses incurred by Proposer in the preparation of its submittal. In the event of award, Proposer shall not be entitled to charge the City for any pre -contractual expenses. Pre -contractual expenses are defined as expenses incurred by Proposer in: a. Preparing its proposal in response to this RFP; b. Submitting proposal to the City; c. Negotiating with the City any matter related to this solicitation; or d. Any other expenses incurred by Proposer prior to date of award, if any, of the Agreement. H. JOINT OFFERS Where two or more firms desire to submit a single proposal in response to this RFP, they must do so on a prime -subcontractor basis rather than as a joint venture. The City intends to contract with one or more firms and not with multiple firms doing business as a joint venture. I. CONTRACT TYPE It is anticipated the agreement resulting from this solicitation, if awarded, will be a Fixed Management Fee paid monthly, with a performance based Percentage Management Fee for exceeding benchmark expectations of the City, paid on an annual basis. J. INSURANCE REQUIREMENTS The Proposer will be required to have in effect for the duration of the contract, insurance coverage acceptable to the City. Prior to issuance of the Notice to Proceed, the Proposer will submit to the City proof of insurance and acceptable additional insured endorsements. At a minimum, the Proposer will be required to maintain the following coverage within the specified limits: General Liability Automotive Comprehensive $10,000,000 per occurrence; $20,000,000 general aggregate $10,000,000 each accident , Worker's Compensation Statutory Limits 5 Further, more detailed insurance requirements and specifications are located in the Proposed Agreement, Section V. K. CONFLICT OF INTEREST All Proposers responding to this RFP must avoid organizational conflicts of interest which would restrict full and open competition in this procurement. An organizational conflict of interest means that due to other activities, relationships, or contracts, a Proposer is unable, or potentially unable, to render impartial assistance or advice to the City; Proposer's objectivity in performing the work identified in the Scope of Work is or might be otherwise impaired; or a Proposer has an unfair competitive advantage. L. COST PROPOSAL No cost is being requested with this RFP. However, all Proposers that are shortlisted and interviewed will be required to provide sealed cost proposals at the time of their interview on December 1, 2010. Short-listed Proposers will be given instructions on the requirements for the cost proposals. 9 SECTION 11- PROPOSAL CONTENT AND FORMS SECTION II - PROPOSAL CONTENT AND FORMS A. PROPOSAL FORMAT AND CONTENT 1. FORMAT The City desires a Proposers submittal to serve as a business plan for the anticipated Aquatic Center. The Business Plan shall clearly articulate the proposed management & operations approach to maximize safety and programming as well as generate revenue. Proposers shall at a minimum address all information found in Section II and Section IV of this RFP that will clearly outline the management and operations approach of the Proposer. The City is in the process of developing a plan for maintaining the Aquatic Center. The City realizes that the Operations Team will have a large part to play in that plan. The City is giving the option for Proposers to outline to the City, how you would approach maintaining the Aquatic Center in a manner that would provide the highest level of safety, but also avoid damage to the facility. The City reserves the right to award the final contract with or without the maintenance component. Additional information can be found in section IV Scope of Work. Submittals should be typed, double-spaced and submitted on 8.5-inch x 11-inch paper, using 12-point font, with a single method of fastening. Charts and schedules may be included in 11" x 17" format. Proposers should not include any unnecessarily elaborate or promotional material. Lengthy narratives are discouraged and presentations should be brief and concise. Submittals should not exceed TWENTY-FIVE (25) pages in length, excluding any appendices. All pages shall be sequentially numbered and each section should be separately and clearly tabbed. Submittals should include a complete table of contents for the entire document with respective page numbers opposite each topic that is included. 2. LETTER OF TRANSMITTAL The Letter of Transmittal shall be addressed to Ryan Stendell, Senior Management Analyst and must, at a minimum, contain the following: a. Identification of Proposer that will have the authorization to commit to the contractual terms and conditions. Identification shall include legal company name, corporate address, telephone, fax number and e-mail address. Include name, title, address, telephone number and e-mail address of the contact person during the proposal evaluation phase. 0 b. Identification of proposed subcontractors, including legal company name, contact person's name, address, phone number. Working relationship between Proposer and subcontractors, if applicable. c. Acknowledgment of receipt of all RFP addenda, if any. d. A statement to the effect that the proposal shall remain valid for a period of not less than 120 days from the date of submittal. e. Signature of a person authorized to bind Proposer to the terms of the any contract resulting from the submittal. f. A statement to the effect that by signing the letter of transmittal, Proposer is attesting that all information submitted with the submittal is true and correct. 3. TECHNICAL PROPOSAL a. Qualifications, Related Experience and References of Proposer This section of the submittal should establish the ability of Proposer to satisfactorily perform the required work by evidence of: experience in performing work of a similar nature; demonstrated competence in the services identified in Section IV; experience with other public entities; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client references. Proposer shall: • Provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; and number of employees. • Provide a general description of the firm's financial condition and identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger) that may impede Proposer's ability to complete the project. • Describe the firm's experience in performing work of a similar nature to that solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to this project. Describe experience in working with the various government agencies identified in this RFP. • Identify subcontractors by company name, address, contact person, telephone number and project function. Describe Proposer's experience working with each subcontractor. 9 • At a minimum, three (3) references shall be provided. Furnish the name, title, address and telephone number of the person(s) at the client organization who is most knowledgeable about the work performed. Proposer may also supply references from other work not cited in this section as related experience. b. Management Approach This section of the submittal should establish the method which will be used by the Proposer to manage the project, as well as identify key personnel assigned. Proposer shall: • Provide education, experience, and applicable professional credentials of project staff. Include copies of applicable professional credentials. • Furnish brief resumes (not more than two [2] pages each) for the proposed Project Manager and other key personnel. • Identify key personnel proposed to perform the work in the specified tasks and include major areas of subcontract work. Include the person's name, current assignment and its duration, proposed position for this project, and how long this person has been with the firm. • Provide education, experience, and applicable professional credentials of proposed subcontractors. • Include a project organization chart, which clearly delineates the work and communication/reporting relationships among the project team and staff. • Include a statement that key personnel will be available to the extent proposed for the duration of the project acknowledging that no person designated as "key" to the project shall be removed or replaced without the prior written concurrence of the City. • Proposed on -site non -management staffing levels needed to operate the Aquatic Center at maximum efficiency, such as lifeguards, safety methods, class instructors, and operations staffing. Proposers should submit reasonable justifications for proposed staffing levels. • The City reserves the right to restructure staffing levels as deemed appropriate. 10 c. Proposed Services The proposal shall include a detailed description of anticipated services to be provided by the Proposer to achieve the results as stated in the Scope of Work. These services include, but are not limited to: • Management and Operations of the Aquatic Center, including but not limited to, all pool areas, play features, concessions (see additional information in section IV scope of work), restrooms/locker facilities, multi -use rooms, and related facilities. • Financial operations including but not limited to, budgeting, payroll, collecting, reporting and accounting for all revenues and expenditures. • Risk Management Plan for the Aquatic Center to include facility inspection and testing, emergency and accident management procedures, record keeping, incident documentation, communication, crisis management and recreational water illness prevention. • Policy development to include safety policies such as age/height restrictions, parental supervision requirements, use of or requirements for floatation devices, pre -potty trained infant and toddler policies, swim testing, wrist banding, diving safety, use of competitive equipment; use policies such as swimwear, food, smoking, equipment rental; facility rental policies such as eligibility pricing structure, group use requirements. • Signing philosophy and explanation of types of signs that you will use to communicate with the public. • Describe your recruitment and hiring process to be used for the Aquatic Center. • Day-to-day operation of the Aquatic Center including staffing plan and orientation, pre -service and in-service training plan. • Identify the lifeguard training program to be utilized in the certification of lifeguard staff and other certificates that you will require for lifeguard operations under CA law. • Describe lifeguard rotation process and maximum times of individual lifeguards on the deck. • Program development including a proposed schedule for programs such as recreational and lap swimming, swim lessons, water aerobics, water sports, and other programs necessary to meet the 11 needs of the community and/or generate revenue. Explain how the program will be responsive and/or inclusive to persons with disabilities. Explain how you will monitor and evaluate programs for improvements and fiscal responsibility. Describe how you will conduct enrollment or registration for programs. Marketing of the facility for daily activities, rentals, private parties and coordination of large scale special events. Describe any key messages and key target audiences for the Aquatic Center. Describe the procurement plan and the types of materials, labor, supplies, licenses, and equipment necessary for the safe and efficient operation of the Aquatic Center. Describe how you would establish a fee structure on an annual basis for the management and operations of the Aquatic Center. Define your proposed fee structure for each season, non residents and visitors as well as for local residents, seniors, and children. College of the Desert Students are to receive a discounted rate. The City reserves the right to review any proposed fee schedule and make necessary changes to optimize return on investment. In a separate section of the business plan please identify how you would structure a maintenance plan to ensure the Aquatic Center is maintained to avoid damage. Please see scope of work for additional details regarding maintenance. d. Conflict of Interest Proposer is to identify any real or apparent organizational conflict of interest relating to this project. e. Exceptions/Deviations State any exceptions to or deviations from the requirements of this RFP, segregating "technical" exceptions from "contractual" exceptions. Where Proposer wishes to propose alternative approaches to meeting the City's technical or contractual requirements, these should be thoroughly explained. 4. APPENDICES Information considered by Proposer to be pertinent to this RFP and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Proposers are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials. Appendices should be relevant and brief. If Proposer chooses to provide additional information in a separate 12 appendix, Proposer is encouraged to identify, in the appendix, why Proposer believes such information is pertinent to the RFP. 5. DRAFT AGREEMENT — SECTION V Proposers shall familiarize themselves with the City's Draft Agreement (Section V) and all the Attachments attached thereto. The City intends to use the attached Draft Agreement as the contract resulting from this RFP. At the time of the proposal submission, should the Proposer have concerns or recommended changes to the Draft Agreement requirements, then those concerns/recommended changes must be included in writing in the submittal. The City may consider or negotiate changes to the Draft Agreement with the successful Proposer only to the extent the changes are provided to the City in writing within the proposal at the time of submission. Changes to the City's Draft Agreement shall be made at the City's sole discretion. 13 SECTION III - EVALUATION AND AWARD 14 SECTION III - EVALUATION AND AWARD A. EVALUATION PROCESS AND AWARD An evaluation committee will be appointed to review all proposals received. The evaluation committee is comprised of City staff members: John Wohlmuth, City Manager Mark Greenwood P.E., Director of Public Works Paul Gibson, Director of Finance Gary Rosenblum, Risk Manager Ryan Stendell, Senior Management Analyst The committee members will review the proposals separately then convene to discuss the written proposals. Each member of the selection panel will then evaluate each proposal using the criteria identified herein to arrive at a score for each proposal. PROPOSAL EVALUATION CRITERIA A. QUALIFICATIONS OF THE FIRM 25% Technical experience in performing work of a similar nature, experience working with other public agencies, specialized experience, and professional competence in areas directly related to this RFP. Strength and stability of the firm, strength, experience, and technical competence of subcontractors, as well as assessment of client references. B. MANAGEMENT APPROACH 25% Qualifications as identified in this RFP. Commitment of project staff, including their past experiences. Key personnel, especially the Project Manager; and level of involvement in performing related work cited in "Qualifications of the Firm" section. References from past projects, logic of project organization, and concurrence in the restrictions on changes in key personnel. C. PROPOSED SERVICES 25% Depth of Proposer's understanding of City requirements and overall quality of the proposed services and work plan; logic, and clarity of work plan; appropriateness of labor distribution among the tasks; ability to meet or better the City draft project schedule; utility of suggested technical or procedural innovations and the identification of special issues and Proposer's response in resolving those 15 issues. Specific methods of the Proposer to meet or exceed cost recovery goals. D. COMPLETENESS OF RESPONSE 15% Overall completeness and thoroughness of response in accordance with RFP instructions; exceptions to or deviations from the RFP requirements that the City cannot or will not accommodate; or other relevant factors not considered elsewhere. E. LOCATION OF FIRM 10% The location of the firm and subconsultants will be scored by the evaluation committee. The scoring for location is summarized as follows: • 100%-location is in Coachella Valley • 75%-location is Riverside or San Bernardino Counties • 50%-location in Southern California • 25% location in State of California At the conclusion of the of the evaluation committee process the supplied references will be checked and scored by the project manager. Firms within a competitive range will be short-listed for interviews based upon the average of the evaluation committee members' score for each proposal and the reference scores. 2. The City has established December 1, 2010 as the date to conduct interviews. All prospective Proposers will be asked to keep this date available. No other interview dates will be provided. Therefore, if a Proposer is unable to attend the interview on this date, its proposal may be eliminated from further discussion. The interview will consist of a short presentation by the Proposer after which the evaluation committee will ask questions related to the project and the firm's proposal and qualifications. The committee will use pre -established criteria to score the interviews. 3. The short-listed Proposers will be requested to bring their cost proposals in a sealed envelope to the interviews. The City Project Manager will open and score the cost proposals after all interviews are completed. 4. The overall scoring and ranking of Proposers will consist of: Proposal Score, including adjustment for reference checks (50%) Interview Score (40%) Cost Score (10%) 16 5. The highest ranked firm will then be notified. The final project scope, cost, and contract will be negotiated with the selected firm. If unable to negotiate a contract, negotiations will commence with the next highest ranked firm. B. NOTIFICATION OF AWARD AND DEBRIEFING Proposers who submit a proposal in response to this RFP will be notified by mail regarding the firm who was awarded the contract. Proposers who were not awarded the contract may request a debriefing in writing or electronic mail. 17 SECTION IV - SCOPE OF WORK f�:3 SECTION IV - SCOPE OF WORK A. GENERAL INFORMATION 1. INTRODUCTION The City is seeking a partner who embodies high quality standards, emphasizes excellent customer service, and has the ability to maintain consistently high standards while operating the Aquatic Center. The City desires to select a qualified firm to operate the Aquatic Center who can deliver optimal value, customer service, and innovatively schedules and operates the facility to meet or exceed the 60% cost recovery goal. The City hereby requests Proposers to demonstrate their ability to provide and perform services for the Aquatic Center including, but not limited to, management, operations, marketing, programming, concessions, and janitorial services relating to the Aquatic Center. The Aquatic Center will consist of the following amenities: • 50- Meter Pool w/ Diving Area • Recreation / Therapy Pool (with slides) • Children's Water Play Structure • Concessions Area (675 Sq. Ft.)* • Mens/Womens Locker Areas • Family Restrooms and Changing Areas • Lifeguard/Administration Areas • Multi Purpose Room (842 Sq. Ft.) • First Aid Room • Mechanical/Chemical Storage Areas * The City Council has determined that concessions are a prime area to help bolster return on investment of the Aquatic Center. The Concessions area has been planned with windows serving both the interior Aquatic Center, and to the exterior serving Civic Center Park. Serving exterior to the Aquatic Center would allow people working within the vicinity to have lunch in the park. Please review this space creatively and propose how your team would best utilize this space to maximize returns. All services provided by the Proposer must be performed to the highest industry standards and compliant with all applicable local, county, state and federal laws. Maintenance (optional): The City is asking Proposers to include in a separate section of the business plan a proposal for maintaining the Aquatic Center. Maintenance shall include all day to day maintenance of all pools, pool equipment, restrooms, locker facilities, maintenance of concessions area, lighting 19 (exception listed below), and surrounding amenities. Landscape maintenance and all sports lighting shall be excluded from this proposal. However, the successful Proposer is expected to coordinate with the City on maintenance efforts. Please include all key personnel or third party vendors that would provide the City with a clear understanding of how the operator would maintain the facility in a manner that would avoid damage. The proposer shall clearly indicate a maintenance threshold identifying what level City assistance is needed. Construction Documents for the Aquatic Center are available for viewing if proposers wish to familiarize themselves with the project. City staff will provide a presentation of the Aquatic Center at the Pre Proposal Conference scheduled for 2:00 pm on October 19, 2010. B. SCHEDULE The City intends to follow the schedule below which will result in a signed Management and Operations Agreement with the successful Proposer in January of 2011. DATE: Action: October 6, 2010 RFP Issued 11:00 am October 19, 2010 Pre -Proposal Conference 5:00 pm October 22, 2010 Submit Written Questions October 29, 2010 Responses Posted 2:00 pm November 12, 2010 Proposals Due to the City December 1, 2010 Interview Date December 7, 2010 Parks & Recreation Commission review of recommendation from Evaluation Committee January 14, 2011 Management and Operations Contract Award by City Council May 30, 2011 Grand Opening January — May 2011 Consider Maintenance Proposals as needed. 20 C. VICINITY MAP / AQUATIC CENTER LAYOUT MAGNESIAJRE City of Palm Desert Ball Civic Center Field 4 Aquatic Park Center e Bali �L � � rj) Ball ieid 3 `� I } — Reid Bin n3 N� Enclosure Tennis c w 11 9 O (� 0� Courts 0 Volleyball �y2 RV'TLEDGEO College Dog� � Courts picnic WAY I Of The Pavilion 4 Desert Park E Community w 9 0 Center Picnic MASSON > Pavilion 5 STREET o �� Basketball a YMCA Courts a Skate Play 4 Picnic N rPark Ground TDt avillon 2 KRUG AVENUE Lot Rest Picnic w Room Pavilion 1 Z tLi Grass Rest Charging Amphitheater _ Room J Station Holocaust a o Lake Memorial Z Q J Office w North Building � Wing Community c�cS Services Development Office Council Services Sheriff Building Chambers Station FRED WARING DRIVE 21 cr ., CLsQ 24 SECTION V - PROPOSED DRAFT AGREEMENT 25 MANAGEMENT & OPERATIONS AGREEMENT THIS MANAGEMENT & OPERATIONS AGREEMENT ("Agreement"), made and entered into this day of , 20 , by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY" and , hereinafter referred to as "CONSULTANT". The CITY and CONSULTANT are sometimes collectively referred to as "Parties" and individually referred to as "Party." The Agreement is made in light of the following Recitals: RECITALS 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 operate and manage the Aquatic Center as set forth in Exhibit "A" (CONSULTANT'S Proposal of Services) upon the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual promises set forth herein, and in light of the above Recitals, which are hereby made a part of this Agreement, the parties hereto agree as follows: H F. AGREEMENT (1) TERM: (1.1) The term of this Agreement shall commence on January 14, 2011 ("Commencement Date") and continue through June 30, 2012 ("Termination Date"). Notwithstanding the foregoing, however, either Party may terminate this Agreement without cause at any time by delivery to the other Party of 90 days written notice. Either Party may terminate this Agreement for cause at any time by delivery to the other Party of 30 days written notice. 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 provide copies of original timecards in the event of termination or suspension. (1.2) The CITY, at its option, may extend the term of this Agreement for up to two 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) CONSULTANT'S RESPONSIBILITIES: Without in any way limiting CONSULTANT'S right to manage and operate the Aquatic Center in accordance with the terms of this Agreement, CONSULTANT shall perform the following services, or cause the same to be performed for the Aquatic Center, and all expenditures of CONSULTANT and costs and expenses incurred by CONSULTANT in performing these services shall be expenses of the Aquatic Center: 27 (2.1) manage and operate the Aquatic Center, including but not limited to, all pool areas, play features, concessions, restrooms/locker facilities, multi -use rooms, and related facilities. (2.2) maintain financial operations including, but not limited to, budgeting, payroll collecting, reporting and accounting for all revenues and expenditures. training. (2.3) sustain day-to-day Aquatic Center operation, including staffing and (2.4) develop programs including recreational and lap swimming, swim lessons, water aerobics, water sports, and other programs necessary to meet the needs of the community and/or generate revenue. (2.5) perform facility marketing for daily activities, rentals, private parties and coordination of large scale special events. (2.6) procure all materials, labor, supplies, licenses, and equipment necessary for the efficient operation of the Aquatic Center. (3) PERSONNEL: (3.1) CONSULTANT represents that, it employs or will employ at its own expense, all personnel required in performing the services under this Agreement. (3.2) 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. 28 (3.3) 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. (3.4) 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. (4) 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. 29 (5) FIXED MANAGEMENT FEE: 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 $. month. per The Fixed Management Fee shall be paid monthly, in arrears, within 30 days of receipt of the invoice. (6) PERCENTAGE MANAGEMENT FEE. In addition to the Fixed Management Fee, for the period from the date of this Agreement to expiration of its term, CONSULTANT shall receive a "Percentage Management Fee" equal to fifty percent of the amount by which the Gross Revenues of the portions of the Aquatic Center operated by CONSULTANT exceeds the Threshold Amount; provided that in no event shall the Percentage Management Fee in any one Operating Year exceed an amount equal to twelve months cumulative total of Fixed Management Fee. The Threshold Amount is $768,000.00 The Percentage Management Fee shall be paid to CONSULTANT annually, in arrears, within 45 days following CONSULTANT Delivery to the CITY of the annual statement required by Section (16.7) below, and shall be based on the Gross Revenues for the Operating Year covered by such statement. In the event of any corrections to any monthly or annual statements, the Parties shall promptly make the necessary adjustments between themselves. 30 Any Percentage Management Fee owing as of the expiration or earlier termination of this Agreement shall be payable concurrently with the delivery to the CITY of the final statement per Section (16.7) hereof. (6.1) Gross Revenues Defined. For the purpose of determining the Percentage Management Fee, the term "Gross Revenues" means all money received as a result of the operation of the Aquatic Center and the sale of goods and services at the Aquatic Center, determined on a cash basis in accordance with generally accepted accounting principles consistently applied. Gross Revenues shall include all forms of entry fees, rental fees, program/instruction fees, rental and concession payments, food and beverage sales, revenue generated from space rentals and from meetings, banquets, parties, tournaments, and other group gatherings, and merchandise sales. The following shall be excluded from Gross Revenues: • Cost of goods returned • Monies and or credits received in settlement of claims for loss or damage to goods, wares, food, or merchandise. • Compensation paid to program instructors providing lessons and related services, who are not employees of the CONSULTANT • Credit card carrying charges • All sales taxes, admission taxes, use taxes, so-called luxury taxes, entertainment taxes, value added taxes, excise taxes, gross receipt taxes, and similar taxes, whether imposed under any existing or future rules, regulations, laws or ordinances, upon the sales of food, beverages, merchandise or services and whether or not added to or included in the selling price. 31 • Delivery Charges • Interest, service or sales carrying charges paid by customers for extension of credit on sales. • Any receipts from the transfer of goods, wares or merchandise from the Aquatic Center to any other store owned by CONSULTANT or the CITY. • Bad debts and bad checks. proceeds. • Proceeds of insurance, except business interruption insurance • Receipts from sales to employees at a discount. • Proceeds from the bulk sale of any merchandise (i.e., a sale not made in the ordinary course of business). • Proceeds from the sale of fixtures or equipment. • Any amount received by CONSULTANT in connection with any claim, demand, or lawsuit. • Initial operating funds in the Aquatic Center accounts and funds subsequently provided by the CONSULTANT, if any. (7) 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. 32 (7.1) 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. (7.2) 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 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. (7.3) 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. (7.4) CONSULTANT shall design, establish, implement and maintain procedures for the accounting and control of the revenues from the time of their 33 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. (7.5) 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 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 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. 34 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. (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. (7.6) 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. 35 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. (7.7) CONSULTANT shall deliver to the CITY the following financial statements, in a form reasonably acceptable to the CITY: (7.7.1) 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 certified as correct by an authorized financial officer of CONSULTANT. Such statement shall be in a form reasonably acceptable to the CITY; and (7.7.2) 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 36 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 7.5 or 7.6) is found to be three percent or greater than the amount of the Gross 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. 37 (7.8) CONSULTANT shall provide the CITY with all computerized data in a format acceptable to the designee of the CITY. (8) 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. (9) ATTORNEY FEES: In the event that any judgment is entered in any action upon this Agreement, the Party hereto against whom such judgment is rendered agrees to pay the other Party an amount equal to the reasonable value of the legal services performed in his or its behalf in such action and that such amount may be added to and made a part of such judgment. (10) SUCCESSORS AND ASSIGNS: 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. (11) INDEPENDENT CONTRACTOR: The CONSULTANT shall be an independent contractor, not an employee of the CITY. (12) APPLICABLE LAW: This Agreement shall be construed and interpreted in accordance with, and shall be governed by, the laws of the State of California. The Parties agree that the Superior Court of the State of California, County of Riverside shall have jurisdiction of any litigation between the Parties relating to this Agreement. The CONSULTANT shall comply with all federal, state and local laws, ordinances and regulations applicable to work. W; (13) MODIFICATIONS AND CHANGES: 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) INSURANCE. (14.1) Time for Compliance. CONSULTANT shall not commence Services under this Agreement until it has provided evidence satisfactory to the CITY that it has secured all insurance required under this Section. In addition, CONSULTANT shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the CITY that the subcontractor has secured all insurance required under this Section. (14.2) Minimum Requirements. CONSULTANT shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by CONSULTANT, its agents, representatives, employees or subcontractors. CONSULTANT shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (14.2.1) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (A) General Liability: Insurance Services Office Commercial General Liability Coverage (occurrence form CG 0001); (B) 39 Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (C) Workers' Compensation and Employers' Liability: Workers' Compensation Insurance as required by the State of California and Employer's Liability Insurance. (14.2.2) Minimum Limits of Insurance. CONSULTANT shall maintain limits of no less than: (A) General Liability: $10,000,000 per occurrence for bodily injury, personal injury and property damage and $20,000,000 in general aggregate. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (B) Automobile Liability: $10,000,000 per accident for bodily injury and property damage; and (C) Workers' Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. (14.3) Insurance Endorsements. The insurance policies shall contain the following provisions, or CONSULTANT shall provide endorsements on forms supplied or approved by the CITY to add the following provisions to the insurance policies: (14.3.1) General Liability. The general liability policy shall be endorsed to state that: (A) the CITY and its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services performed by or on behalf of CONSULTANT, including materials, parts or equipment furnished in connection with such work; and (B) the insurance coverage shall be primary M insurance with respect to the CITY and its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of CONSULTANT'S scheduled underlying coverage. Any insurance or self- insurance maintained by the CITY and its directors, officials, officers, employees, agents and volunteers shall be excess of CONSULTANT'S insurance and shall not be called upon to contribute with it. (14.3.2) Automobile Liability. The automobile liability policy shall be endorsed to state that: (A) the CITY and its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by CONSULTANT or for which CONSULTANT is responsible; and (B) the insurance coverage shall be primary insurance with respect to the CITY its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of CONSULTANT'S scheduled underlying coverage. Any insurance or self-insurance maintained by the CITY and its directors, officials, officers, employees, agents and volunteers shall be excess of CONSULTANT'S insurance and shall not be called upon to contribute with it. (14.3.3) Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the CITY and its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by CONSULTANT. 41 (14.3.4) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the CITY; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the CITY and its directors, officials, officers, employees, agents and volunteers. (14.3.5) Separation of Insureds: No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the CITY and its directors, officials, officers, employees, agents and volunteers. (14.4) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the CITY. (14.5) Verification of Coverage. CONSULTANT shall furnish CITY with original certificates of insurance and endorsements affecting coverage required by this Agreement on forms satisfactory to the CITY. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the CITY before work commences. (15) CONFLICTS OF INTEREST: No officer, member or employee of the CITY during his tenure or one year thereafter shall have any interest, direct or indirect, in this 42 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. 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. (16) INDEMNITIES: (16.1) CONSULTANT'S Indemnity: CONSULTANT agrees to indemnify, defend (with counsel reasonably acceptable to CITY), protect, and hold harmless the CITY, and all CITY Personnel from and against any and all claims, demands, actions, lawsuits, proceedings, damages, liabilities, judgments, penalties, fines, attorneys' fees, costs and expenses: (16.1.1) which result from any action taken by CONSULTANT relating to the Aquatic Center (i) that is expressly prohibited by this Agreement, or (ii) that is not 43 within the scope of CONSULTANT'S duties under this Agreement, or (iii) that is not within CONSULTANT'S delegated authority under this Agreement; or (16.1.2) which result from any violations by CONSULTANT or CONSULTANT'S agents, employees, invitees, contractors, subcontractors or assignees of any law, ordinance, rule or regulation governing or otherwise affecting the business operations of CONSULTANT or CONSULTANT'S performance of services and obligations under this Agreement; or (16.1.3) which result from any injury or death of any person (including, without limitation, injury or death of CONSULTANT'S employees, agents, visitors, invitees, assignees, contractors or subcontractors within CONSULTANT'S control) or damage or destruction of the property of any person or entity which occurs by reason of the negligent actions or omissions or willful misconduct of CONSULTANT or CONSULTANT'S agents, employees, invitees, contractors, subcontractors, or assignees, or material breach or default by CONSULTANT or CONSULTANT'S agents, employees, invitees, contractors, subcontractors, or assignees, in performance of CONSULTANT'S services under this Agreement or otherwise caused by the negligent actions or omissions or willful misconduct of CONSULTANT or CONSULTANT'S agents, employees, invitees, contractors, subcontractors, or assignees; or (16.1.4) which result from any other act or omission not enumerated above constituting the negligence or willful misconduct by CONSULTANT or any officer, director, or employee of CONSULTANT; or (16.1.5) for any costs, fees, fines or losses that may result from environmental contamination or natural resource damage on the subject property if 44 caused by CONSULTANT'S performance in storing, using or disposing of hazardous or toxic substances or materials or wastes such as, but not limited to, herbicides, pesticides, algaecides or other water treatment chemicals. This indemnity provision shall survive the expiration or termination of this Agreement. CONSULTANT hereby stipulates and agrees that no condition precedent to its indemnification obligations stated herein, whether by way of notice or otherwise, exists or shall constitute a defense to its obligation to defend, indemnify and hold harmless the CITY, and the CITY Personnel in any such circumstances. (16.2) CITY'S Indemnity: The CITY agrees to indemnity, defend (with council reasonably satisfactory to CONSULTANT), protect, and hold harmless CONSULTANT and its owners, officers, directors, and employees from and against any and all claims demands, actions, lawsuits, proceedings, damages, liabilities, judgments, penalties, fines attorneys' fees, costs, and expenses arising from (i) any act or omission to the extent caused by the negligence or willful misconduct by the CITY or any officer, director, employee, or agent of the CITY, (ii) ownership, leasing, organization, development or construction of the Aquatic Center, (iii) any environmental contamination conditions that are the result of the presence of hazardous or toxic substances or materials or wastes that were pre-existing before this Agreement between CONSULTANT and CITY first executed, and which may be uncovered or discovered during or after the term of this Agreement, or if present at the Aquatic Center by any cause other than CONSULTANT'S performance in storing, using or disposing of hazardous or toxic substances or materials or wastes, such a, but not limited to, herbicides, pesticides, algaecides or other water treatment chemicals or (iv) claims by 45 third parties against CONSULTANT arising from any other actions or omissions of the CITY, City personnel, or others for whom any of them are responsible but only if such claim or claims also neither arise from, nor are caused in whole or in any part by, the wrongful or negligent act, error or omission of CONSULTANT, any officer, director, or employee of CONSULTANT or others for whom any of the them are responsible. (17) In case of conflicts within the contract documents, the document precedence shall be as follows: (a) This Agreement; (b) Exhibit "A" (CONSULTANT'S Proposal of Services, and any written modifications thereto). IN WITNESS WHEREOF, said Parties have executed this Agreement the date first hereinabove written. CITY OF PALM DESERT Municipal Corporation Cindy Finerty, Mayor Date: ATTEST: Rachelle Klassen, City Clerk ER Company Name Authorized Signature Date: APPROVED AS TO CONTENT: Mark Greenwood, P.E. Director of Public Works CYA David J. Erwin, City Attorney APPENDIX I - CITY COMPLETED OPERATIONS STUDY E34 M -4 It N N T-q IT M AQUATICS CENTER START UP FEES FEBRUARY Feb. 10 contract signed by Council Management Fee - prorated $ 5,555.00 Aquatic Manager - prorated Based on starting date of Feb. 11, 2011 $ 5,250.00 Admin Support - prorated $ 3,009.00 Mileage $ 226.00 Staff Meetings $ 665.00 Supplies $ 350.00 TOTAL FEES FOR FEBRUARY $ 15,055.00 MARCH Management Fee $ 8,950.00 Admin Support $ 5,015.00 Manager $ 8,166.00 Mileage $ 200.00 Staff $ 1,248.00 Staff Meeting $ 1,330.00 Supplies $ 100.00 TOTAL FEES FOR MARCH $ 25,009.00 APRIL Management Fee $ 8,950.00 Admin Support $ 5,015.00 Manager $ 8,166.00 Mileage $ 200.00 Staffing (management) $ 5,408.00 Supplies $ 100.00 Lifeguard certification and Live Scan DOJ are included in yearly budget TOTAL FEES FOR APRIL $ 27,839.00 MAY (not knowing date of occupancy) Management Fee $ 8,950.00 Admin Support $ 5,015.00 Manager $ 8,166.00 Mileage $ 200.00 Staffing (management) $ 6,656.00 Lifeguard orientation & training $ 4,576.00 Concession and Front Desk staff training $ 405.00 TOTAL FEES FOR MAY $ 33,968.00 GRAND TOTAL OF START FEES $ 101,871.00 EM AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Table of Contents Section I Executive Summary...........................................................2 Section II Demographic Summary and Market Review..................8 Section III Benchmark Facilities......................................................21 Section IV Operations Analysis.........................................................34 SectionV Appendix...........................................................................52 Page I AQUATIC CENTER OPERATIONS STUDY City of 'Palm Desert, California Section I — Executive Summary This is an executive summary of the key information that is found in the Palm Desert Aquatic Center operations study. Demographics: The focus of the aquatic center is to service the residents of the City of Palm Desert, however, it is recognized that the aquatic center will draw people from outside the city and therefore a larger Primary Service Area has been identified. The Primary Service Area includes Palm Desert, Rancho Mirage, Thousand Palms, Indian Wells, Bermuda Dunes, as well as a portion of La Quinta and Cathedral City. Demographic Characteristics City of Palm Desert Pdmary Service Area Population: 2000 41,155 99,304 2009 51,509 140,750 2014 15 59,588 165,374 Households: 2000 19,184 45,087 2009 21,775 62,215 2014 23,518 72,061 Families: 2000 11,405 28,497 2009 12,709 39,393 2014 13,573 45,459 Average Household Size: 2000 2.13 2.19 2009 2.15 2.25 2014 2.16 2.27 Median Age: 2000 48.1 50.0 2009 54.1 54.7 2014 55.8 56.8 Median Income: 2000 $48,144 $49,001 2009 $60,345 $60,398 2014 $62,708 $62,904 Market Opportunities - Based on the other aquatic facilities located in the Coachella Valley, the following are market opportunities for a Palm Desert aquatic center. • None of the current public pools have a strong recreational orientation. This leaves an ideal market position for a new aquatic center in Palm Desert. Page 2 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California There is only one true public competitive pool (Palm Springs Swim Center) in the Coachella Valley. Swim teams have indicated an interest in additional pool time to support their needs. However, the local high school pools are not being well used by outside groups. The homeowner association pools as well as the country club facilities serve very different markets and needs. To draw these users, a Palm Desert aquatic center will need to focus on amenities that are not available with these facilities. This is likely to include large lap pools that can handle a significant number of swimmers as well as competitive teams and a recreational pool with a zero depth entry, slide and interactive play features. In addition offering a full complement of aquatic programs and services will be essential. • A Palm Desert aquatic center will need to market itself as being a viable alternative to the private water parks, that is less hectic, focuses on families, aquatic programming and is much more affordable. • Marketing the aquatic center to the large number of visitors to the area as well as the second homeowner will increase the use and potential revenue for the facility. Market Constraints — In addition to the market opportunities, it is also important to analyze possible market constraints. These include. • There are a significant number of conventional pools in the area, many of which have the capability of being used for competitive swimming and other events. • Residents of the Palm Desert area have easy access to a variety of different aquatic facilities from back yard pools, to high school facilities and HOA pools. • Many of the existing pools are available for little to no fee (backyard and HOA pools). • Summer weather can be too hot for people to even use a pool during afternoon times especially. • While much of the focus of the planned Palm Desert Aquatic Center will be on serving the needs of the competitive swim community and other more traditional pool programs, attracting the recreational swimmer to the center on a consistent basis will be paramount to generating strong use and revenue. However, the reasonably small size of Page 3 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, California the recreational elements of the facility will limit the number of recreational swimmers that can be accommodated. Even with the presence of a number of existing pools there is still a market for a significant, publically owned, aquatic center in Palm Desert. To be financially viable a Palm Desert aquatic center will need to have a focus not only on traditional aquatic activities (lap swimming, competitive swimming, lessons and fitness) but also on recreational swimming (slides, interactive play features, and shallow water). There will also need to be a high level of aquatic programming offered as well. There are estimated to be 1,238,415 swimmer days in the Primary Service Area and if the new aquatic center were able to attract as few as 10% of these available swimmer days (a very conservative figure) this would convert to 123,842 swimmer days. This is a strong number of swimmer days that would also be augmented by further participation from outside the Primary Service Area as well as from visitors and second homeowners. Operations Analysis: Operation Cost Summary All Categories Aquatic Center Personnel $689,137 Commodities $182,000 Contractual $388,707 Capital $15,000 GRAND TOTAL $1,274,844 Revenue Summary All Categories Aquatic Center Fees $322,950 Programs $116,650 Other $122,100 GRAND TOTAL $561,700 Expenditure - Revenue Comparison Category Aquatic Center Expenditures $1,274,844 Revenues $610,580 Difference (064,204) Recovery % 48% Page 4 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Projected Fee Schedule Admissions Resident Non -Resident Adult Daily $4.00 $6.00 Youth Dail 5-12 $3.00 $4.50 Adult 25 Admiss. $94.00 $140.00 Youth 25 Admiss. $65.00 $97.00 Adult 3 Month $120.00 $180.00 Youth 3 Month $84.00 $125.00 Operational Budget Adjustments: The City of Palm Desert set a goal of wanting to recover 60% of the cost of operating the aquatic center through fees generated by the facility itself. The operation plan on the previous pages indicates a rate of recover beginning at 48% and rising to 55% in the fifth year of operation. The primary reasons for the lower cost recovery are: • Since the aquatic center is not yet open and the actual operating agency has not yet been identified, a conservative approach to the budget process has been undertaken. • There are a significant number of swimming opportunities available in the area from back -yard pools, HOA and condo pools, resort pools, to private and other public pools. This has a significant impact on the overall market for a new public pool. • The user fees that are currently being charged for access to other public pools are reasonably low and other pools (back -yard pools, HOA and condo pools) do not require a fee at all for admission. This limits the rate that can be charged at a new Palm Desert Aquatic Center and ultimately the amount of revenue that can be generated. • The concept plans for the Palm Desert Aquatic Center indicate a large facility with an extensive water surface area. The cost of operating a facility of this nature on a year round basis is expensive. However, in an effort to bring the aquatic center closer to the desired 60% cost recovery point, the following operational options are possible. Expenses There are a number of possible modifications that can be made to reduce the cost of operating the aquatic center, these include. Page 5 AQUATIC CENTER OPERATIONS STUDY City of 'Palm Desert, California • Staffing Reductions — It may be possible to eliminate the full-time Assistant Manager position and replace it with 20 hours a week of an additional Head Lifeguard. However, this would result in a significant number of hours where no full-time staff would be present at the center. This may also not be acceptable to the contract operator. Possible Annual Cost Savings: $48,000 • Reduction in Operating Hours — During the winter and shoulder seasons, open one hour later and close one hour earlier. Possible Annual Cost Savings: $50,000 • Seasonal Operation — Instead of being a year round pool, close during the winter season. This is not a realistic alternative as it does not allow for College of the Desert to utilize the facility during a major portion of the academic year and also cannot support a year round swim team. There would also be a significant loss of revenue with this approach. Possible Annual Cost Savings: $150,000 to $200,000 (net) Revenues In addition to cutting expenses, there is also the possibility of increasing revenue. These options include: • Fee Increases — Increase the admission and pass fees by 25% across the board. This will result in the highest fees of any public aquatic center in the region. If the rate of use remains constant with the proposed numbers in this study (this may not be realistic), then this could result in a significant revenue increase. Possible Revenue Increase: $63,000 Increase in Rentals — If the center could increase the number of rentals to organized aquatic groups as well as the general public, this could result in additional revenue. However, an increase in the number of rentals may not be possible considering the level of rentals that is already being projected. Possible Revenue Increase: $7,000 Higher Level of Market Penetration Increasing the projections for daily use by 10% and 25 admission and 3 month passes from 1.7% of households to 2% would result in a Page 6 AQUATIC CENTER OPERATIONS STUDY City of Pali Desert, California revenue increase. It should be noted that this option cannot be paired together with the "Fee Increase" option as both would place too much pressure on the market. Possible Revenue Increase: $32,500 If the first two expense savings options are combined with the first two revenue increase options then the expense/revenue gap would be closed by $168,000, resulting in a 61% cost recovery rate in the first year of operation. However, implementing these options will not be easy and may not result in the exact forecasts that have been presented. Page 7 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, California Section II — Demographic Summary and Market Review The following is a brief summary of the demographic characteristic of the City of Palm Desert and the surrounding market area. The detailed demographic analysis can be found in the appendix of this report. The City of Palm Desert is planning to develop an outdoor aquatics center. The following market analysis looks at the demographic realities within the City of Palm Desert and a larger Primary Service Area and compares them to state and national numbers. There is also a comparison with basic swimming and sports participation standards as produced by the National Sporting Goods Association. Following this information is an assessment of the other outdoor aquatic providers in the Palm Desert area. Service Areas: The focus of the aquatic center is to service the residents of the City of Palm Desert, however, it is recognized that the aquatic center will draw people from outside the city and therefore a larger Primary Service Area has been identified. The Primary Service Area includes Palm Desert, Rancho Mirage, Thousand Palms, Indian Wells, Bermuda Dunes, as well as a portion of La Quinta and Cathedral City. Primary service areas are usually defined by the distance people will travel on a regular basis (a minimum of once a week) to utilize an aquatic facility or its programs. Secondary service areas are usually defined by the distance people will travel on a less consistent basis (a minimum of once a month) to utilize a facility or its programs. Use by individuals in a secondary area will primarily be limited to special events (swim meets, etc.) or visitors to the area. No specific secondary service area has been identified for this project but could include a major portion of the Coachella Valley. Service areas can also vary in size with the types of components that are included in an aquatic facility. An aquatic center with a number of leisure amenities will have a larger primary service area than a more conventional (competitive pool) facility. Service areas can also be based upon a facility's proximity to major thoroughfares. Other factors impacting the use as it relates to driving distance are the presence of alternative service providers in the Primary Service Area. Alternative service providers can have an impact upon membership, daily admissions and the associated penetration rates for programs and services. Visitor and Second Homes: It is conservatively estimated that there are at least 75,000 annual visitors to Palm Desert and 20,000 to 25,000 seasonal residents. This will provide an additional market for the aquatic center beyond the Primary Service Area. Table A - Service Area Statistics & Comparison Page 8 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, California Table A summarizes some of the basic demographic characteristics of the City of Palm Desert and the Primary Service Area. Population Comparison': 2000 Census 2009 Estimate 2015 Projection City of Palm Desert 1 41,155 51,509 59,588 Population Comparison2: 2000 Census 2009 Estimate 2014 Projection Prim Service Area 99,304 140,750 164,374 Number of Households Comparison 3: 2000 Census 2009 Estimate 2014 Projection City of Palm Desert 19,184 21,775 23,518 Primary Service Area 45,087 62,215 72,061 Number of Families Comparison 4: 2000 Census 2009 Estimate 2014 Projection City of Palm Desert 11,405 12,709 13,573 Primary Service Area 28,497 39,393 45,459 Average Household Size Comparisons: 2000 Census 2009 Estimate 2014 Projection City of Palm Desert 2.13 2.15 2.16 Primary Service Area 2.19 2.25 2.27 United States 2.59 1 2.59 2.59 1 Riverside Country 2009 Progress Report. '` U.S. Census Bureau and ESRI. s U.S. Census Bureau and ESRI. 4 U.S. Census Bureau and ESRI. 5 U.S. Census Bureau and ESRI. Page 9 AQUATIC CENTER OPERATIONS STUDY City of Palnt Desert, California May A — Primary Service Area This map indicates the boundaries of the Primary Service Area. U►rNl!> 'hedral City Fes" "•.... ,f E Raman Rd Raows Rd }ausand Palms Per— Rd 36 34 Rancho Mirage 2 country Club N I Hanley to E 42nd Ave Bermuda runes WIN, Palm Desert p Fred WWahng EW Ci Adth Ave 44th Ave apt a F *way C}r u1 Indian Wells ors 52nd Ave w " 52 5252 52 E w Page 10 AQUATIC CENTER OPERATIONS STUDY City of* Palm Desert, California Table B - Service Area Comparison Chart In addition to the population and household characteristics, this table also compares the ethnicity, median income and household expenditures of the City of Palm Desert and the Primary Service Area. All of these characteristics have a strong influence in the rate of participation in aquatic activities. City of Palm Desert Priam" Service Area Population: 2000 41,155 99,304 2009 51,509 140,750 2014(15) 59,588 165,374 Households: 2000 19,184 45,087 2009 21,775 62,215 2014 23,518 72,061 Families: 2000 11,405 28,497 2009 12,709 39,393 2014 13,573 45,459 Average Household Size: 2000 2.13 2.19 2009 2.15 2.25 2014 2.16 2.27 Ethnicity: Hispanic 22.0% 27.2% White 83.1% 80.1% Black 1.4% 1.4% American Indian 0.5% 0.5% Asian 3.3% 2.8% Pacific Islander 0.1% 0.1 % Other 8.4% 11.8% Multiple 3.3% 3.3% Median Age: 2000 48.1 50.0 2009 54.1 54.7 2014 55.8 56.8 Median Income: 2000 $48,144 $49,001 2009 $60,345 $60,398 2014 $62,708 $62,904 Household Budget Expenditures: Housing 29.6% 29.7% Entertainment & Recreation 4.9% 4.8% 6 Sources of information are; US Census, ESRI and Riverside County 2009 Progress Report. Page 11 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Page 12 AQUATIC CENTER OPERATIONS STUDY City of Pali Desert, California Recreation Activities Participation On an annual basis the National Sporting Goods Association (NSGA) conducts an in-depth study and survey of how Americans spend their leisure time. This information provides the data necessary to overlay rate of participation in swimming onto the Primary Service Area to determine market potential. Comparison With National Statistics: Utilizing information from the National Sporting Goods Association and comparing them with the demographics from the Primary Service Area, the following participation projections can be made (statistics were compared based on age, household income, regional population and national population). Table C — Swimmine Participation Rates Activity Age Income Region Nation Avera e �Sw_imming18.9% 26.3% 23.7% 23.7% Age (median): Participation based on individuals ages 7 & Up of the Primary Service Area. Income: Participation based on the 2009 estimated median household income in the Primary Service Area. Region: Participation based on regional statistics (Pacific). National: Participation based on national statistics. Average: Average of the four columns. Page 13 AQUATIC CENTER OPERATIONS STUDY City of 'Palm Desert, California Anticipated Participation Numbers by Activity: Utilizing the average percentage from Table- C above plus the 2000 census information and census estimates for 2009 and 2014 (over age 7) the following comparisons can be made. Table D — Swimming Participation Rates Activity Average 2000 Part. 2009 Part. 2014 Part. Difference Swimming 23.1% 21,402 30,548 35,755 14,353 Note: The estimated participation numbers indicated above are for swimming as a whole and do not necessarily translate into expected attendance figures at a Palm Desert aquatic center since many participants utilize other facilities for these activities and may participate in more than one activity at a time. However, these figures do indicate the total number of people participating in various activities within the Primary Service Area. Anticipated Number of Times Participating Per Year: By taking the number of annual participants from Table-D, times the average number of times swum per year (from 2008 NSGA standards) will equal the total number of estimated uses per year. Table E — Annual Number of Swimmer Days Average 2000 Uses 2009 Uses 2014 Uses % Chan e Swimming 40.54 867,367 1,238,415 1,449,508 +67.1% Average: The average number of times (by region, income, sex and nation) a person will swim in a year. This table indicates that there is a high number of annual "swimmer days" (a swimmer day is calculated as one individual swimming one day) from which to capture a sizable market share. It also must be remembered that many of these "swimmer days" are being satisfied by existing aquatic facilities. If a Palm Desert aquatic center were able to capture as few as 10% of the 2009 participants it would translate into 123,842 swimmer days. Drawing users from beyond the Primary Service Area (and from visitors and second homeowners) could add additional swimmer days to the facility. Page 14 AQUATIC CENTER OPERATIONS STUDY City of 'Palm Desert, California Aquatic Participation Trends: Without doubt the hottest trend in aquatics is the leisure pool concept. This idea of incorporating slides, lazy rivers (or current channels), fountains, zero depth entry and other water features into a pool's design has proved to be extremely popular for the recreational user. The age of the conventional pool in most recreational settings has greatly diminished. Leisure pools appeal to the younger kids (who are the largest segment of the population that swims) and to families. These types of facilities are able to attract and draw larger crowds and people tend to come from a further distance and stay longer to utilize such pools. This all translates into the potential to sell more admissions and increase revenues. It is estimated conservatively that a leisure pool can generate up to 30% more revenue than a comparable conventional pool and the cost of operation while being higher, has been offset through increased revenues. Of note is the fact that patrons seem willing to pay a higher user fee with this type of pool that is in a park like setting than a conventional aquatics facility. Despite the recent emphasis on recreational swimming the more traditional aspects of aquatics (including swim teams, instruction and aqua fitness) remain as a part of most outdoor aquatic centers. The life safety issues associated with teaching children how to swim is a critical concern in most communities and competitive swim team programs continue to be important. The family oriented outdoor aquatic center concept of delivering aquatic services continues to grow in acceptance with the idea of providing for a variety of interactive aquatics activities and programs in a park like setting that features a lot of grass, shade structures, sand play areas and natural landscapes. This idea has proven to be financially successful by centralizing pool operations for communities and through increased generation of revenues from patrons willing to pay for an aquatics experience that is new and exciting. These outdoor aquatic centers have become identifiable centers for communities and have promoted "family" recreation values. The keys to success for this type of center revolve around the concept of intergenerational use in a quality facility that has an exciting and vibrant feel in a park like setting. A new concept is the spray ground, where a number of water spray features are placed in a playground setting where there is no standing water but the water is treated and recirculated much like a pool. This provides a fun, yet safe, environment where drowning is not a concern and lifeguards are not necessary. Swimming is second only to walking in popularity of sports and leisure activities, meaning that there is a significant market for aquatic pursuits. Approximately 24% of the population in the Pacific region of the country participates in aquatic activities. This is a large segment of the population. Within the state of California, swimming is the number three most participated in sports activity behind exercise walking and exercising with equipment. Page 15 AQUATIC CENTER OPERATIONS STUDY City of* Palm Desert, California Below are listed those sports activities that often take place in a community and the percentage of growth or decline that each has experienced nationally over the last 10 years (1998-2008). Table F - National Activity Trend (in millions) S ortlActivi 1998 Participation 2008 Participation Percent Change Skateboarding 5.8 9.8 69.0% Weight Lifting 22.8 37.5 64.5% Running/Jogging 22.5 35.9 59.6% Work -Out at Club 26.5 39.3 48.3% Aerobic Exercising 25.8 36.2 40.3% Exercising w/ Equipment 46.1 63.0 36.7% Exercise Walking 77.6 96.6 24.5% Soccer 13.2 15.5 17.4% Tennis 11.2 12.6 12.5% Swimming 58.2 63.3 8.8% Basketball 29.4 29.7 1.0% Billiards/Pool 32.3 31.7 -1.9% Baseball 15.9 15.2 -4.4% Hockey (ice) 2.1 1.9 -9.5% Volleyball 14.8 12.2 -17.6% Softball 15.6 12.8 -17.9% 1998 Participation: The number of participants per year in the activity (in millions) in the United States. 2008 Participation: The number of participants per year in the activity (in millions) in the United States. Percent Change: The percent change in the level of participation from 1998 to 2008. It is significant that swimming has seen a considerable increase in the rate of participation in the last ten years. Even with the growth in swimming participation, the focus of swimming has changed from an activity that was oriented around competitive aquatics with deeper and colder water to a more recreational approach that emphasizes shallow, warm water, socialization and interactive play. Consistent use of an aquatic's facility by families and young children is dependent in large part on the leisure amenities. Page 16 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, Californda Outdoor Aquatic Facilities Inventory: There are a variety of outdoor aquatic facilities that currently serve the Palm Desert Primary Service area market. These vary from municipal pools to school facilities, country clubs, HOA's, private water parks, resort hotels, and backyard pools. Public Sector Providers — These facilities will be the primary "competition" for a new Palm Desert aquatic center as they have a similar market focus. It is significant that there are only three such pools in the area. They include: Palm Springs Swim Center — This is a 50 meter pool that is owned and operated by the City of Palm Springs. This is the only true public competitive pool in the area but it does not have any recreational amenities. The pool is open year round, is in good condition, and the user rates are very affordable. The Piranha's Swim Team utilizes the pool for practices and meets. The City has been discussing possible closure of the swim center due to the economic situation within the City. However, it does not appear that the pool will be closed. Pawley Aquatic Complex — Located just outside of the Primary Service Area in Indio, this small facility features a 6 lane pool with two drop slides at one end, a wading pool, and a small spray pad. It is owned and operated by the Desert Recreation District. The complex is generally a seasonal facility but is used year round by the Desert Terrapins Aquatic Club for practices. The complex is older but has been renovated. The rates are very affordable. Page 17 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Fritz Burns Community Pool — This is a six lane pool that is a seasonally operated facility that is owned by the City of La Quinta but operated by the YMCA. It is a small pool that has no recreational amenities. It should also be noted that Rancho Mirage will soon have a public pool as well. School Pools — Four high schools in the immediate area have competitive pools but these are not generally utilized by outside groups due to the high cost of rentals. There is also no open public use. The local high school pools include Palm Desert High School, La Quinta, Palm Springs, and Desert Mirage. Private Sector Providers — The other major provider of aquatic facilities is the private sector and there is a wide range of pools in the Coachella Valley. With limited access and facilities that focus on residents of a development or visitors to the area, these are not aquatic centers that will be direct competition for a Palm Desert aquatic center. The private pools can be put into five basic categories. Home Owners Associations — These tend to be smaller and more conventional pools that are designed to serve a very specific housing area or development. As a result they have a very different market appeal that a public center. Country Clubs — These are pools that have been developed to support members of private clubs and their guests. Most of these pools are also traditional rectangular pools with limited appeal to the recreational swimmer. Resort Hotels — There are a variety of resort hotels in the Coachella Valley and all of them have some type of outdoor pool. Many are smaller conventional pools but several larger and more sophisticated aquatic facilities are also present that have a strong appeal to the recreational Page 18 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California swimmer and more specifically visitors to the area. These pools are only available to hotel guests. Water Parks — There is one major water park in the area. Soak City is located in Palm Springs and is a large facility that caters to the recreational swimmer with slides, lazy rivers, wave pool, and other recreational amenities. Such facilities have very expensive user fees and most individuals only visit this type of facility a handful of times during a season. This facility serves both locals and visitors to the Coachella Valley. This facility also has a very different market focus than a public aquatic center. Backyard Pools — Many residents of the area have pools in their back yards but the vast majority of these are small, with very limited uses and amenities. Market Opportunities - Based on the other aquatic facilities located in the Coachella Valley, the following are market opportunities for a Palm Desert aquatic center. • None of the current public pools have a strong recreational orientation. This leaves an ideal market position for a new aquatic center in Palm Desert. There is only one true public competitive pool (Palm Springs Swim Center) in the Coachella Valley. Swim teams have indicated an interest in additional pool time to support their needs. However, the local high school pools are not being well used by outside groups. The homeowner association pools as well as the country club facilities serve very different markets and needs. To draw these users, a Palm Desert aquatic center will need to focus on amenities that are not available with these facilities. This is likely to include large lap pools that can handle a significant number of swimmers as well as competitive teams and a recreational pool with a zero depth entry, slide and interactive Page 19 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California play features. In addition offering a full complement of aquatic programs and services will be essential. • A Palm Desert aquatic center will need to market itself as being a viable alternative to the private water parks, that is less hectic, focuses on families, aquatic programming and is much more affordable. • Marketing the aquatic center to the large number of visitors to the area as well as the second homeowner will increase the use and potential revenue for the facility. Market Constraints — In addition to the market opportunities, it is also important to analyze possible market constraints. These include. • There are a significant number of conventional pools in the area, many of which have the capability of being used for competitive swimming and other events. • Residents of the Palm Desert area have easy access to a variety of different aquatic facilities from back yard pools, to high school facilities and HOA pools. • Many of the existing pools are available for little to no fee (backyard and HOA pools). • Summer weather can be too hot for people to even use a pool during afternoon times especially. • While much of the focus of the planned Palm Desert Aquatic Center will be on serving the needs of the competitive swim community and other more traditional pool programs, attracting the recreational swimmer to the center on a consistent basis will be paramount to generating strong use and revenue. However, the reasonably small size of the recreational elements of the facility will limit the number of recreational swimmers that can be accommodated. Even with the presence of a number of existing pools there is still a market for a significant, publically owned, aquatic center in Palm Desert. To be financially viable a Palm Desert aquatic center will need to have a focus not only on traditional aquatic activities (lap swimming, competitive swimming, lessons and fitness) but also on recreational swimming (slides, interactive play features, and shallow water). There will also need to be a high level of aquatic programming offered as well. As has been noted earlier, there are estimated to be 1,238,415 swimmer days in the Primary Service Area and if the new aquatic center were able to attract as few as 10% of these available Page 20 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California swimmer days (a very conservative figure) this would convert to 123,842 swimmer days. This is a strong number of swimmer days that would also be augmented by further participation from outside the Primary Service Area as well as from visitors and second homeowners. Page 21 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, California Section III — Benchmark Facilities In order to better understand not only the market for a new aquatic center in Palm Desert but also the characteristics that make for a successful outdoor swimming center, a benchmark study of five aquatic centers in southern California has been undertaken. These five facilities were chosen with input from City of Palm Desert staff and represent two key existing facilities in the Coachella Valley, as well as three that are well outside of the market area. The five benchmark aquatic facilities are: • Palm Springs Swim Center • Pawley Aquatic Complex • Valley -Wide Aquatic Center • Fontana Park Aquatic Center • The Wave Waterpark In an effort to have a broad spectrum of facilities to benchmark, two facilities (Palm Springs Swim Center and Pawley Aquatic Complex) are smaller in magnitude than what Palm Desert is planning while the Valley -Wide Aquatic Center is reasonably close in overall size and the Fontana Park Aquatic Center is a bigger facility and the Wave Waterpark is well out of the range of what is currently being considered by the city. Page 22 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, California Palm Springs Swim Center Owner/Operator: City of Palm Springs Contact: Athena Huss & Vicki Oltean Address: 405 S. Pavilion Way, Palm Springs, CA 92262 Website: ht!p://www.palmsprin%zs-ca.gov/index.aspx?page=786 Phone Number: (760) 323-8278 E-Mail(s): Athena.huss(a�palmsprings-ca.gov, Vicki.oltean(. palmsprin s-ca.gov Season/Hours of Operation: Year round operation Adult Lap Swim Mon -Fri; 5:30-8:30A, 11:OOA-6:30P Sat & Sun; 7:OOA-3:OOP Recreational Swim Periods Mon -Fri; 11:OOA-S:OOP Sat -Sun; 11:OOA-3:OOP Facility Description: Number of pools; 1, 50M x 25Y pool, heated Amenities; locker rooms, diving boards Concession; yes and self -operated User Fees: Daily; $3.50/adult, $2.50/child Punch Card; $49 for 25 visits Rentals; $43/hr plus $1.00/adult 13 & Up, $.50/child 4-12 Attendance/Use Numbers: Seasonally Annually Operations Budget: Expenditures; 2008-2009 Actual - $181,072 Note: This only includes I full time professional staff member, 2 full time lifeguards and a heating cost estimate. It does not include part time lifeguards or additional operating expenses. Thus, it is safe to assume this number is significantly greater. Staffing plan and wages; Aquatic Supervisor (1) - $64,160 Full Time Lifeguards (2) - $104,912 Page 23 AQUATIC CENTER OPERATIONS STUDY City o 'Palm Desert, California Revenues; 2008-2009 Actual - $91,847 Programs and Services Offered: Lap Swim, Family Swim, Aquatic Exercise Program, Swim Classes (contracted), Over - Night Camping, Adult Fitness Swim Page 24 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, California Pawley Aquatic Complex Owner/Operator: Desert Recreation District Contact: Peter McVey, Aquatics Coordinator Address: 46350 Jackson St., Indio, CA 92201 Website: http://www.desertrecreationdistrict.ca.gov/facilities/pools.htm Phone Number: (760) 775-1945 E-mail: peter(oDdesertrecreationdistrict.ca. og_v Season/Hours of Operation: Lap Pool, Year round operation Adult Lap Swim; Mon, Wed, Fri 5:45A-7:30A Tue, Thu 7:30-8:30A Sat 9:00-11:00A Open Swim (seasonal); April 3-11 (Spring Break) Noon-3:30P April 17-June 5 Noon-3:30P Facility Description: Number of pools; 1, 6 lane 25Y lap pool (heated); 1, 50' x 40' instructional pool (not heated), splash pad w/various water features (not heated) Amenities; locker rooms, 2 water slides Concession; yes, self -operated Bather load; 325-350 per day User Fees: Open Swim; $4.00/adult, $3.00/child, seasonal pass $25.00/person Lap Swim; $3.00/adult, $50 for 25 visits, $75 for 50 visits, $100 for 100 visits Pool Parties; Small Party, 1-10 Kids, $35/hr + $4/child Medium Party, 11-17 Kids, $45/hr + 3/child Large Party, 18-25 Kids (MAX), $55/hr +$2/child Pool Rentals; 2 Hour Minimum for All; 1-40 People $80/hr, 41-60 People $90/hr, 61-80 People $100/hr, 81-100 People $110/hr, 101 & Over $125/hr Operations Budget: (expenses take into account a portion of full time salary which is spread throughout all facilities) Expenses; FY 08/09 Actual $283,252.40 FY 09/10 Projected $353,442.00 Page 25 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, California Revenues: FY 08/09 Actual $107,632.00 FY 09/10 Projected $125,532.00 Cashier; $10.23-11.84/hr Lifeguard; $10.25-12.05/hr Instructor; $12.25-13.25/hr Pool Manager; $12.10-15.50/hr Programs and Services Offered. - Lap Swimming, Private Swim Lessons, Swim School, Recreational Swimming, Pool Rentals, Basic Water Rescue, Lifeguard Training, Adult Swim Lessons Page 26 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, California Valley -Wide Aquatic Center Owner/Operator: Valley Wide Recreation & Park District Contact: Missy Galloway Address: 1810 Anglers Avenue, Hemet, CA 92544 Website: hn://www.valleryiderecreation.org/Aquatic%20Center.htrnl Phone Number: (951) 929-0047 Season/Hours of Operation: Seasonal Operation Month of May, weekends only 11:00A-Noon Lap Swim Noon-5:OOP Open Swim June 15`h through end of season, 7 days a week 12:30P-4:30P Open Swim Pre -Noon Swim Lessons & Other Programming Post-5:OOP Swim Lessons & Other Programming Facility Description: Number of pools; 1, 25Y heated pool, Amenities; zero depth entry, water fountain sprayers Concession; yes and self -operated Bather Load; 376 User Fees: Daily; $7.00/Adult (ages 3-55), $6.00/Seniors, $2.00/Kids (under 2) Lap Swim; $2.00/Person Operations Budget., Expenditures; 08/09 Actual - $398,463.79 09-Present - $297,528 Staffing plan and wages; Lifeguards - $8.50/hr WSI Certification - $10.00/hr Pool Manager - $12-$17.00/hr Revenues; 08/09 Actual - $308,017.08 09-Present - $211,147.87 Page 27 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Programs and Services Offered: Group Swim Lessons, Private Swim Lessons, Junior Lifeguard Program, Come Swim w/ Me (8 & Under), Little Swimmers, Movie Night at the Aquatic Center, Water Polo, Family Fun Night/Ice Cream Social, 41h of July Party, Labor Day Party Page 28 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Fontana Park Aquatic Center Owner/Operator: City of Fontana Contact: Megan Wolfe, Aquatics Coordinator Address: 15610 Summit Ave., Fontana, CA 92336 Website: hqp://www.fontana.org/maipZparks rec/aquatics/aquatics index.htm Phone Number E-mail, Year Opened: 2008 (909) 854-5106 mwolfe(&fontana.org NO Season/Hours of Operation: Year round Weekend recreational swim hours (fall, winter, spring); Noon-5:OOP Lap swimming & water walking (fall, winter, spring); Mon -Fri 5:30-7:30A, 11:OOA- 1:30P, 7:00-9:OOP, Sat 8:00-10:00A Facility Description: Number of pools; 1, 14 lane competition pool; 1, instructional pool; 1 water slide catch pool (all heated) Amenities; locker rooms, water slides, zero depth play area, picnic pavilion Concession; none in the aquatics center, but within the park there are concessions which may be operated by groups who are renting the park for various activities. Bather Load; 525 per day User Fees: Daily Admission for Recreational Swimming; With Slides; $7.00/Adult, $5.00/Child 481, tall Without Slides; $5.00/Adult, $3.00/child Lap Swim & Water Walk; $2.50/person Pavilion Party Package; $250 Rentals; 1-99 People $175/hr, 100-199 People $250/hr, 200-299 People $375/hr, 300-399 People $450/hr Attendance/Use Numbers: Yearly Attendance; Slide Access (Adults) — 2,451 No Slide Access (Adults) — 12,118 Page 29 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, California Slide Access (Kids) — 13,733 No Slide Access (Kids) — 14,076 Slide Upgrade — 515 Lap Swim — 2,057 Senior Lap Swim — 848 Operations Budget. - Expenditures (Fontana Park Aquatic Center only); 2009/2010 Projected: $561,500 Staffing plan Lifeguards $9.67-11.75/hr Lifeguard Instructor $11.12-13.51 /hr Assistant Pool Manager $12.47-15.15/hr Pool Manager $13.84-16.83/hr Revenues (total for all 3 aquatic facilities in Fontana); 2007/2008 Actual: $186,751 2008/2009 Current: $217,200 2009/2010 Projected: $407,600 Programs and Services Offered: Group Swim Lessons, Private Swim Lessons, Semi -Private Swim Lessons, Swim Clinic, Lifeguard Training Course, Lifeguard Training Instructor Course, Water Safety Instructor, CPR for the Professional Rescuer, Adult/Child/Infant CPR/First Aid Training, SCUBA Certification, Safety Training for Swim Coaches, Babysitter Training Page 30 AQUATIC CENTER OPERATIONS STUDY The Wave Waterpark Owner/Operator: City of Vista Contact: AngelaPalasik Position: Address: 101 Wave Drive, Vista, CA 92083 Website: wave-waterparkCo),cityofvista.com Phone Number: (970) 940-WAVE E-Mail: apalasik�,cityofvista.com Year Opened: 1994 City of'Palm Desert, California Admissions & Marketing Manager Season/Hours of Operation: Seasonal operation May — Weekends Only, Sat -Sun Noon-4:OOP & 11:OOA-5:OOP June —Weekdays 10:00A-4:OOP, Weekends 11:00A-5:00P July — Weekdays 10:OOA-4:OOP, Weekends 11:OOA-5:OOP August —Weekdays I O:00A-4:OOP, Weekends 11:00A-5:00P September — Weekends Only, Sat -Sun Noon-4:OOP & I I :OOA-5:OOP Facility Description: Number of pools; competition lap pool (heated), flowrider (not heated), lazy river around flowrider (not heated), 4 water slides & catch pool (not heated), kids play area (not heated) Amenities; locker rooms, cabana, offices, changing areas, Backyard Grill Concession; yes, self -operated Bather load; 1,500 User Fees: General Admission; $16.95 42" and Taller, $12.95 Under 42" Tall, $11.95 Seniors (60+), $10.95 Happy Hour, $12.95 Spectator Admission, Under 3 Free Lap Swim; $3.00/day, $60 Punch Card for 30 Visits Season Pass; $74.95 Individual Pass, $69.95 Family Season Pass (4 or more) Private Rentals; $1,200/hr, full park up to 500 $1,500/hr, full park 501-750 $1,700/hr, full park 751+ $300/hr, flowrider $450/hr, flowrider, river, riptide slide Page 31 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, California $450/hr, slide tower, picnic area $150/hr, competition pool $200/hr, rainforest rental, dry $300/hr, rainforest rental, wet Attendance/Use Numbers: Annually; Approximately 100,000 NO Operations Budget: The City of Vista subsidizes anywhere between $300,000-$500,000 on an annual basis. Expenditures; FY 09 Actual $1,600,000.00 Staffing wages; $8.00/hr for entry level positions (lifeguards, cabana crew, guest services) $9.00-$12.00/hr for head lifeguard and managers Revenues FY 09 Actual $1,200,000.00 Programs and Services Offered: CPR Classes, Aqua Aerobics, Aqua Camps, Swim Lessons, Junior Lifeguard, Aqua Camps, Counselors In Training, Girl Scout Badge Training Page 32 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Benchmark Facilities Fee Matrix: Palm Springs Swim Pawley Pool Valley -Wide Aquatic Fontana Park Aquatic The Wave Waterpark Center Center Center Daily Admission Daily Admission Daily Admission Daily Admission Daily Admission $3.50/Adult $3.00 $7.00/Age 3-55 With Slides (child must $16.95, 42" & $2.50/Child $6.00/Age 55+ be 48" tall) Taller $2.00/Under 2 $7.00/Adult $12.95, Under 42" $5.00/Child $11.95, Seniors 55+ Without Slides $10.95, Happy $5.00/Adult Hour $3.00/Adult $12.95, Spectator Lap Swim & Water Free, Under 3 Walk $3.00/day Lap $2.50/person Swim Aquatic Pass $35/month Punch Card Lap Swim Pass Lap Swim Lap Swim Pass $49/25 Visits $49, 9/8-12/22 $2.00/person $60 for 30 Punches $79, 9/8-3/31 Season Passes $89, 9/8-6/11 $74.95, Individual Pass $69.95, Family Pass 4 or more Pool Rental Pool Rental, 2 Hour Pool Rental Private Rentals Full $43/hr — Plus Min. $175/hr, 1-99 part. Park $1.00/Adult, 13+ $105/hr, 1-40 part. $250/hr, 100-199 $1200/hr, up to 500 $.50/Child, 4-12 $115/hr, 41-60 part. part. $1500/hr, 501-750 $125/hr, 61-80 part. $375/hr, 200-299 $1700/hr, 751+ $135/hr, 81-100 part. Flowrider part. $450/hr, 300-399 $300/hr $125/hr, 101+ part. part. Flowrider, Slides, River $450/hr Slide Tower & Picnic Area $450/hr Competition Pool $150/hr Rainforest Rental $200/hr, Dry $300/hr, Wet Page 33 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Benchmark Facilities Expense/Revenue Matrix: Palm Springs Swim Pawley Pool Valley -Wide Aquatic Fontana Park Aquatic The Wave Waterpark Center Center Center$ Expenditures Expenditures Expenditures Expenditures Expenditures 08-09 Actual - 08-09 Actual - 0-08 Actual - $398,464 09-10 Projected - 09 Actual - $1,600,000 $181,027 $283,242 $561,500 09-10 Project. - 08-Present - $297,528 $353,442 Revenues Revenues Revenues Revenues Revenues 08-09 Actual - $91,847 08-09 Actual - 07-08 Actual - 09-10 Projected - 09 Actual $1,200,000 $107,632 $308,017 $407,600 09-10 Project. - 08-Present - $211,148 $125,532 'Expenses are not complete, but based upon the best information provided by the City of Palm Springs. 8 Revenue Projections are for all 3 City facilities and Expense Projections are for the Fontana Park Aquatic Facility only. Page 34 AQUATIC CENTER OPERATIONS STUDY City of 'Palm Desert, California Section IV — Operations Analysis The following operations analysis has been completed put together for the planned aquatic center. The following are the parameters for the project. • 2011 will be the first year of operation. This budget represents the first full year of operation. • The center will be operated and maintained by an outside agency. The operations plan has been developed with this concept in mind but with no one specific operating agency in mind. • This will be a facility that is utilized by both residents of Palm Desert and non-residents. • The aquatic center will operate year round but on a more limited basis from November to March. • Swim lessons, aqua exercise programs and other water based activities will be offered at the facility. • Concessions will be provided during the summer months, weekends during the spring and fall, and for large swim meets. • College of the Desert will be a primary user of the center on a daily basis during the school term. Rental revenue from their use has been shown. • All users of the pool will be paying market rates for use. • This operations estimate is based on the design concepts developed by Arch-Pac Aquatics and Gould Evans Architects. • The facility will be located in Civic Center Park. • A conservative approach to estimating use and revenues for the facility has been used for this pro -forma. • Preliminary operational discussions were held with both the YMCA and the Desert Recreation District regarding expected budget requirements for the center. Page 35 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Page 36 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Operating Expenditures Expenditures have been formulated based on the costs that are normally included in the operating budget for such a facility. The figures are based on the size of the center, the specific components of the facility and the projected hours of operation. Actual costs were utilized wherever possible and estimates for other expenses were based on similar facilities in other areas of the country. All expenses were calculated as accurately as possible but the actual costs may be more or less based on the final design, operational philosophy, and programming considerations adopted by staff. Aquatic Center — An outdoor aquatic center with a 50 meter pool with two I meter and two 3 meter boards, recreational pool with two slides, zero depth entry, interactive play feature and four lap lanes; concessions area, bath house, office area and other support spaces. Operation Cost Model: Personnel Aquatic Center Full -Time $156,000 Part -Time $533,137 TOTAL $689,137 Commodities Aquatic Center Office Supplies (forms, paper) $2,000 Chemicals(pool) $90,000 Maint./R air/Mat. $20,000 Janitor Supplies $20,000 Rec. Supplies (program) $2,000 Uniforms $5,000 Printing/Postage $10,000 Food concessions $25,000 Resale Items $5,000 Other $3,000 TOTAL 1 $182,000 Page 37 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Contractual Aquatic Center Utilities (as & electric) $150,000 Water/Sewer $10,000 Insurance (Prop. & Liab. $40,000 Communications hone) $5,000 Contract Services $100,000 Rental Equipment $1,000 Advertising $10,000 Training $4,000 Conference $500 Membership/Dues/Subscriptions $500 Trash Pick-up N/A Bank Charges $5,000 Management Fee (5% /ex enses) $60,707 Other $2,000 TOTAL $388,707 Capital Aquatic Center Replacement Fund $15,000 TOTAL $15,000 Summary All Categories Aquatic Center Personnel $689,137 Commodities $182,000 Contractual $388,707 Capital $15,000 GRAND TOTAL $1,274,844 Note: Line items not included in this budget are any vehicle costs. 9 It should be noted that at the time of this report utility rates were very volatile and could result in a higher energy rate for the aquatic center once it opens. 10 Contract services covers daily custodial, and maintenance contracts. 11 This is yearly capital funding for equipment replacement and other similar items. This funding will not cover major capital improvements. Page 38 AQUATIC CENTER OPERATIONS STUDY City af'Palm Desert, California Graphic Representation of Total Expenses: Total Expense - $1,274,844 Personnel w Commodities # Contractual w Capital Page 39 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Staffing Levels: Full -Time Positions Positions Total Aquatic Center Manager 1 $70,000 Aquatic Center Asst. Manager 1 $50,000 New Salaries $120,000' Benefits 30% $36,000 TOTAL 2 F.T.E. $156,000 Page 40 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, California Part -Time Positions Hours Weeks Head Lifeguard $15.00 Winter 72.5 16 Spring/Fall 72.5 22 Summer 72.5 14 Lifeguard $12.50 Winter 320 16 Spring/Fall 415.5 22 Summer 680.5 14 Cashier $10.00 Winter 87.5 16 Spring/Fall 93.5 22 Summer 138.5 14 Custodian/Grounds $12.00 Winter 6 16 Spring/Fall 9 22 Summer 14 14 Concession Supervisor $14.00 Winter 0 16 Spring/Fall 14 22 Summer 59 14 Concession Cashier $10.00 Winter 0 16 Spring/Fall 28 22 Summer 118 14 Program Instructors 12 Aquatics Variable Variable $32,374 Salaries $484,670 Benefits 10% $48,467 TOTAL $533,137 Note: Pay rates were determined based on comparable wage scales in the Palm Desert area. The positions listed are necessary to ensure proper staffing for the center's operation as well as 12 Program instructors are paid at several different pay rates and some are also paid per class or in other ways. This makes an hourly breakdown difficult. Aquatic programs consist of learn to swim, fitness, CPR, birthday parties, and other activities. Page 41. AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California provide for basic programming for the facility. The wage scales for the part-time staff positions reflect an anticipated wage for 2011. Page 42 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, Californ a Revenues The following revenue projections were formulated from information on the specifics of the project and the demographics of the service area as well as comparing them to local statistics, other similar facilities and the competition for aquatic services in the area. Actual figures will vary based on the size and make-up of the components selected during final design, market stratification, philosophy of operation, fees and charges policy, and priorities of use. Revenue Projection Model: Fees Aquatic Center Daily Admissions $126,559 25 Admissions $38,555 3 Month Passes $69,336 Corporate/GroupCorporate/Group $20,000 Rentals 14 $69,500 COD Rental $47,880 TOTAL $371,830 13 Figures are based on an active program to promote the sale of 3 month passes. 14 Rentals Rec. Pool — $150/hr x 15hrs = $2,250 $175/hr x 10hrs = $1,750 $200/hr x 5hrs = $1,000 Splash Pool — $75 /hr x 20hrs = $1,500 Therapy — $75/hr x 50hrs = $3,750 Compt. Pool — Club — 8 lanes x $6/lane x 15hrs/wk x 36wks = $25,920 8 lanes x $10 x 15hrs/wk x 12wks = $14,400 Club swim meets $100 x 6hrs x 6meets = $3,600 Other organizations (masters, diving, etc.) 4 lanes x $6/lane x 6hrs/wk x 36 wks = $5,184 Regional meets 3 meets x $1,000/Day x 3 Days = $9,000 Non-resident fees = $1,000 15 COD Rental — 7hrs/day x 5days/wk x 38wks/yr x $61ane/hr x 6 lanes = $47,880 Page 43 AQUATIC CENTER OPERATIONS STUDY City of 'Palm Desert, California Programs16 Aquatic Center Aquatics $115,650 Contract $1,000 TOTAL $116 650 Other A uatic Center Resale Items 150% of cost $7,500 Umbrella Rentals $31,600 Special Events $3,000 Concessions $75,000 Vending $5,000 TOTAL $122,100 Revenue Summary All Catellories Aquatic Center Fees $371,830 Programs $116,650 Other $122,100 GRAND TOTAL $610,580 16 Figures are based on assessing fees that are listed later in the report. Page 44 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Graphic Representation of Total Revenue: Total Revenue - $610,580 $122,100 $116,650 Fees w Programs A Other Page 45 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Expenditure - Revenue Comparison Category Aquatic Center Expenditures $1,274,844 Revenues $610,580 Difference (664,264) Recovery % 48% It should be noted that the financial performance of an outdoor aquatic center is directly related to the weather. This operations pro -forma was completed based on the best information available, a preliminary concept plan, and a basic understanding of the project. As a result there is no guarantee that the. expense and revenue projections outlined above will be met as there are many variables that affect such estimates that either cannot be accurately measured or are not consistent in their influence on the budgetary rocess. Future Years: Expenditure - Revenue Comparison: Expenses for the first year of operation of the pool should be slightly lower than projected with the facilities being under warranty and new. Revenue growth in the first three years is attributed to increased market penetration and in the remaining years to continued population growth. In most aquatic facilities the first three years show tremendous growth from increasing the market share of patrons who use such facilities, but at the end of this time period revenue growth begins to flatten out. Additional revenue growth is then spurred through increases in the population within the market area, a specific marketing plan to develop alternative markets, the addition of new amenities or by increasing user fees. Exponential Percent Increase from Year to Year: Category Year 1 Year 2 Year 3 Year 4 Year 5 Expenditures 0% 1% 3% 3% 3% Revenues 0% 7% 7% 5% 3% Page 46 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California 5 Year Comparison Category Year 1 Year 2 Year 3 Year 4 Year 5 Expenditures $1,274,844 $1,287,592 $1,326,220 $1,366,007 $1,406,987 Revenues $610,580 $653,321 $699,053 $734,006 $770,706 Difference (S664.264) (5634,272) (S627,167) (S632,001) (S636,281) Recovery % 48% 51% 53% 54% 55% Revenue/Expense Comparison Chart $1,500,000 _ $1,000,000 - $500,000 $0 Year 1 Year 2 Percent Recovery Rate Year 3 Year 4 Recovery Rate ■ Revenues A I - ■ Expenses Year 5 56.00% 55.00% 54.00% "S4. /o 52.00% 00% 50.00% 48.00% _48.001%/, 46.00% 44.00% Year 1 Year 2 Year 3 Year 4 Year 5 Operational Budget Adjustments Page 47 AQUATIC CENTER OPERATIONS STUDY City of ' Palm Desert, California The City of Palm Desert set a goal of wanting to recover 60% of the cost of operating the aquatic center through fees generated by the facility itself. The operation plan on the previous pages indicates a rate of recover beginning at 48% and rising to 55% in the fifth year of operation. The primary reasons for the lower cost recovery are: • Since the aquatic center is not yet open and the actual operating agency has not yet been identified, a conservative approach to the budget process has been undertaken. • There are a significant number of swimming opportunities available in the area from back -yard pools, HOA and condo pools, resort pools, to private and other public pools. This has a significant impact on the overall market for a new public pool. • The user fees that are currently being charged for access to other public pools are reasonably low and other pools (back -yard pools, HOA and condo pools) do not require a fee at all for admission. This limits the rate that can be charged at a new Palm Desert Aquatic Center and ultimately the amount of revenue that can be generated. • The concept plans for the Palm Desert Aquatic Center indicate a large facility with an extensive water surface area. The cost of operating a facility of this nature on a year round basis is expensive. However, in an effort to bring the aquatic center closer to the desired 60% cost recovery point, the following operational options are possible. Expenses There are a number of possible modifications that can be made to reduce the cost of operating the aquatic center, these include. • Staffing Reductions — It may be possible to eliminate the full-time Assistant Manager position and replace it with 20 hours a week of an additional Head Lifeguard. However, this would result in a significant number of hours where no full-time staff would be present at the center. This may also not be acceptable to the contract operator. Possible Annual Cost Savings: $48,000 Reduction in Operating Hours — During the winter and shoulder seasons, open one hour later and close one hour earlier. Possible Annual Cost Savings: $50,000 Page 48 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, California • Seasonal Operation — Instead of being a year round pool, close during the winter season. This is not a realistic alternative as it does not allow for College of the Desert to utilize the facility during a major portion of the academic year and also cannot support a year round swim team. There would also be a significant loss of revenue with this approach. Possible Annual Cost Savings: $150,000 to $200,000 (net) Revenues In addition to cutting expenses, there is also the possibility of increasing revenue. These options include: • Fee Increases — Increase the admission and pass fees by 25% across the board. This will result in the highest fees of any public aquatic center in the region. If the rate of use remains constant with the proposed numbers in this study (this may not be realistic), then this could result in a significant revenue increase. Possible Revenue Increase: $63,000 Increase in Rentals — If the center could increase the number of rentals to organized aquatic groups as well as the general public, this could result in additional revenue. However, an increase in the number of rentals may not be possible considering the level of rentals that is already being projected. Possible Revenue Increase: $7,000 • Higher Level of Market Penetration —Increasing the projections for daily use by 10% and 25 admission and 3 month passes from 1.7% of households to 2% would result in a revenue increase. It should be noted that this option cannot be paired together with the "Fee Increase" option as both would place too much pressure on the market. Possible Revenue Increase: $32,500 If the first two expense savings options are combined with the first two revenue increase options then the expense/revenue gap would be closed by $168,000, resulting in a 61 % cost recovery rate in the first year of operation. However, implementing these options will not be easy and may not result in the exact forecasts that have been presented. Fees and Attendance Page 49 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, California Projected Fee Schedules: The following fee schedules have been figured utilizing a fee differential for non-residents of Palm Desert. Revenue projections and attendance numbers were calculated from these fee models. Admissions Resident Non -Resident Adult Daily $4.00 $6.00 Youth Dail 5-12 $3.00 $4.50 Adult 25 Admiss. $94.00 $140.00 Youth 25 Admiss. $65.00 $97.00 Adult 3 Month $120.00 $180.00 Youth 3 Month $84.00 $125.00 Rentals Resident Non -Resident Recreation Pool Under 50 $150/hr $175/hr 51-75 $175/hr $200/hr 76-100 $200/hr $225/hr 101-125 $225/hr $250/hr Competitive Pool 25 yard/per lane $6/hr $8/hr 50 meter/per lane $10/hr $12/hr Full Pool - 50 $100/hr $125 Full Pool 51-75 $125/hr $150 Full Pool 76-100 $150/hr $175 Full Pool 101-125 $175/hr $200 Splash Pool or Therapy Pool $75/hr $95 Umbrella- Reserved $20/2hrs $24/2hrs Page 50 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, California Admission Rate Comparisons: The above rates were determined based on the rates paid at similar facilities in the Coachella Valley (2010). Palm Springs Swim Center Category Daily 25 Visits Adults $2.00 $49.00 Youth (2-12) $1.00 $49.00 Pawley Aquatic Center Category Dail Adults $4.00 Youth 2-17) $3.00 Fritz Burns Community Pool Category Dail Adults (12 & older) $3.00 Youth under 12) $2.00 Adult Lap Swim $2.00 Page 51 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, California Attendance Projections: The following attendance projections are the basis for the revenue figures that were identified earlier in this report. The admission numbers are affected by the rates being charged, the facilities available for use, and the competition within the service area. These are averages only and are based on 355 days of operation. Paid Admissions Dail Winter - 110 Days x 30 a Day 3,300 Spring/Fall Weekdays — 106 Days x 45 a Day 4,770 Spring/Fall Weekends — 44 Days x 140 a Day 6,160 Summer — 95 Days x 175 a Day 16,625 25 Admissions — 450 Sold x 25 Admissions 11,250 3 Month Passes — 600 Sold x 24 Admissions 14,400 Total Yearly 56,505 The number of 25 admissions and 3 month passes are based on selling a total of 1,050 passes to approximately 1.7% of the households in the Primary Service Area. Page 52 AQUATIC CENTER OPERATIONS STUDY City of'Palnz Desert, California Hours of Operation: The projected hours of operation of the aquatic center are as follows: Competitive Pool Only (no recreational pool, slides, no splash pool) — November thru February (16 weeks) Days Hours Monday -Friday 5:30am-7:00 m Saturday -Sunday 7:00am-5:00 m Hours per Week 87.5 Competitive/Recreational Pool Only (no slides, no splash pool) — September thru October and March thru May (22 weeks) Days Hours Monday -Friday 5:30am-7:00 m Saturday -Sunday 7:00am-5:00 m Hours per Week 87.5 Recreational Pool with slides and splash pool — September thru October & March thru May WEEKENDS ONLY (22 weeks) Days Hours Saturday -Sunday 10am-5:00 m Hours per Week 18 Full Aquatic Center — June thru August (14 weeks) Days Hours Monday -Saturday 5:30am-7:00 m Sunda 7:00am-5:00 m Hours per Week 87.5 Note: Seasons and hours will be adjusted based on use and demand. Page 53 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, Californ a Section V - Appendix Part -Time Staff Hours Revenue Worksheets Demographic Information and Participation Statistics Page 54 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, California Part -Time Staff Hours: Winter — November thru February (16 weeks) Title Days Time Hours Employees Days TotaUWk Head Lifeguard (16 weeks) Mon -Fri 5:30A-1:OOP 7.5 1 5 37.5 Mon -Fri 4:OOP-7:OOP 3 1 5 15 Sat -Sun 7:OOA-5:OOP 10 1 2 20 TOTAL 72.5 Title Days Time Hours Employees Days TotaVWk Cashier (16 weeks) Mon -Fri 5:30A-1:OOP 7.5 1 5 37.5 Mon -Fri 1:OOP-7:OOP 6 1 5 30 Sat -Sun 7:OOA-5:OOP 10 1 2 20 TOTAL 87.5 Title Days Time Hours Employees Days TotaVWk Custodian/Grounds (16 weeks) Mon & Thurs 1:OOP-4:OOP 3 1 2 6 TOTAL 6 Title Days Time Hours Employees Days Total/Wk Lifeguard (16 weeks) Mon -Fri 5:30A- 12:OOP 6.5 4 5 130 Mon -Fri 12:OOP- 4:OOP 4 3 5 60 Mon -Fri 4:OOP-7:OOP 3 4 5 60 Sat -Sun 7:OOA- 12:OOP 5 3 2 30 Sat -Sun 12:OOP- S:OOP 5 4 2 40 TOTAL 320 Page 55 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, California Spring & Fall — September thru October and March thru May (22 weeks) Title Days Time Hours Employees Days Total/Wk Head Lifeguard (22 weeks) Mon -Fri 5:30A-1:OOP 7.5 1 5 37.5 Mon -Fri 4:OOP-7:OOP 3 1 5 15 Sat -Sun 7:OOA-10:00 10 1 2 20 Sat -Sun TOTAL 72.5 Title Days Time Hours Employees Days Total/Wk Cashier (22 weeks) Mon -Fri 5:30A-1:OOP 7.5 1 5 37.5 Mon -Fri 1:OOP-7:OOP 6 1 5 30 Sat -Sun 7:OOA- 10:00A 3 1 2 6 Sat -Sun 10:00A- 5:OOP 5 2 2 20 TOTAL 93.5 Title Days Time Hours Employees Days I Total/Wk Custodian/Grounds Mon, 1:OOP-4:OOP 3 1 3 9 (22 weeks) Thurs, Sat TOTAL 9 Title Days Time Hours Employees Days Total/Wk Lifeguard (22 weeks) Mon -Fri 5:30A- 12:OOP 6.5 5 5 162.5 Mon -Fri 12:OOP- 4:OOP 4 3 5 60 Mon -Fri 4:OOP-7:OOP 3 5 5 75 Sat -Sun 7:OOA- 10:00A 3 3 2 18 Sat -Sun 10:00A- S:OOP 5 10 2 100 TOTAL 415.5 Page 56 AQUATIC CENTER OPERATIONS STUDY City of Palen Desert, California Title Da s Time Hours Employees Days Total/Wk Concession Supervisor 22 wks Sat -Sun 10:00A- 5:OOP 1 1 2 14 TOTAL 14 Title Days Time Hours Em to ees Da s Total/Wk Concession Cashier 22 wks Sat- OA-5:OOP 7 2 2 28 TOTAL 28 Summer — June thru August (14 weeks) Title Days Time Hours Employees Days TotaVWk Head Lifeguard (14 weeks) Mon -Fri 5:30A-1:00P 7.5 1 5 37.5 Mon -Fri 4:OOP-7:OOP 3 1 5 15 Sat -Sun 7:OOA-5:OOP 10 1 2 20 TOTAL 72.5 Title Days Time Hours Employees Days Total/Wk Cashier Mon -Fri 5:30A- 4.5 1 5 22.5 (14 weeks) 10:00A Mon -Fri 10:OOA- 9 2 5 90 7:OOP Sat -Sun 7:OOA- 3 1 2 6 10:OOA Sat -Sun 10:OOA- 5 2 2 20 5:OOP TOTAL 138.5 Title Da s Time Hours Employees Days Total/Wk Custodian/Grounds 14 weeks Mon -Sun 7:OOP-9:OOP 2 1 7 14 TOTAL 14 Page 57 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, California Title Days Time Hours Employees Days Total/Wk Lifeguard Mon -Fri 5:30A- 4.5 5 5 112.5 (14 weeks) 10:00A Mon -Fri 10:OOP- 9 10 5 450 7:OOP Sat -Sun 7:OOA- 3 3 2 18 10:00A Sat -Sun 10:00A- 5 10 2 100 5:OOP TOTAL 680.5 Title Days Time Hours Employees Days TotaVWk Concession Supervisor (14 wks) Mon -Fri 10:00A- 7:OOP 9 1 5 45 Sat -Sun 10:00A- STOOP 7 1 2 14 TOTAL 59 Title Davs Time Hours Employees Days Total/Wk Concession Cashier (14 wks) Mon -Fri 10:00P-7:OOP 9 2 5 90 Sat -Sun 10:00A-5:OOP 7 2 2 28 TOTAL 118 Page 58 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Program Staffing Costs Winter Swim Lessons Title Classes Staff Pay Sessions/ Weeks Total Cost Learn to Swim Mon. -Wed. 2 classes/2 days 4 weeks $7.00/cl. 2 sessions $224 Private Lessons 2 classes/wk $10.00/cl. 16 weeks $320 TOTAL $544 Other Title Classes Staff Pay Sessions/ Weeks Total Cost Water Exercise 2 classes/3 days $15.00/cl. 16 weeks $1,440 Lifeguard Training 33hours $15.00/hr. 1 session $495 CPR Trainin 5hours $15.00/hr. 1 session $75 Stroke Clinics 2 hours $15.00/hr. 2 sessions $60 Misc. 2 classes/3 days $15.00/cl. 16 weeks $1,440 TOTAL $3,510 Spring & Fall Swim Lessons Title Classes Staff Pay Sessions/ Weeks Total Cost Infant & Preschool Mon. -Wed. 4 classes/2 days 4 weeks $7.00/cl. 4 sessions $896 Learn to Swim Mon. -Wed. 6 classes/2 days 4 weeks $7.00/cl. 4 sessions $1,344 Private Lessons 5 classes/wk $10.00/cl. 22 weeks $1,100 TOTAL $3,340 Other Page 59 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Title Classes Staff Pay Sessions/ Weeks Total Cost Water Exercise 3 classes/3 days $15.00/cl. 22 weeks $2,970 Jr. Lifeguard 1 class/8 days $15.00/cl. 1 session $120 Lifeguard Training 33hours $15.00/hr. 2 session $990 CPR Training 5hours $15.00/hr. 2 session $150 Stroke Clinics 2 hours $15.00/hr. 2 sessions $60 Birthday Parties 6 week $15.00/hr. 22 weeks $1,980 Special Events 6 hours $12.50/hr. 6 staff 3 events $1,350 Misc. 2 classes/3 days $15.00/cl. 22 weeks $1,980 TOTAL $9,600 Summer Swim Lessons (weekday classes meet four days a week for two weeks) Title Classes Staff Pay Sessions/ Weeks Total Cost Infant & Preschool Mon.-Thurs. 10 classes/8 days $7.00/cl. 4 sessions $2,240 Learn to Swim Mon.-Thurs 16 classes/8 days $7.00/cl. 4 sessions $3,584 Private Lessons 10 classes/wk $10.00/cl. 14 weeks $980 TOTAL $6,840 Other Title Classes Staff Pay Sessions/ Weeks Total Cost Water Exercise 4 classes/3 days $15.00/cl. 14 weeks $2,520 Youth Water Polo 1 class/8 days $20.00/cl. 2 sessions $320 Jr. Lifeguard lclass/8 days $15.00/cl. 2 sessions $240 Lifeguard Training 33hours $15.00/hr. 1 session $495 CPR Training 5hours $15.00/hr. 1 session $75 Stroke Clinics 2 hours $15.00/hr. 6 sessions $180 Birthday Parties 10 week $15.00/hr. 14 weeks $2,100 Special Events 6 hours $12.50/hr. 6 staff 3 events $1,350 Misc. 2 classes/3 days $15.00/cl. 14 weeks $1,260 TOTAL $8,540 Page 60 AQUATIC CENTER OPERATIONS STUDY City of 'Palm Desert, California Total Aquatics Programs Program Revenues Winter Swim Lessons $32,374 Title Classes Fee Sessions/ Weeks Total Revenue Learn to Swim 2 classes/4 per class 2 classes/1 per class $50.00/Res $60.00 NR 2 sessions $800 $240 Private Lessons 2 classes/wk $15.00/cl. 16 weeks $480 TOTAL $1,520 Other Title Classes Fee Sessions/ Total Weeks Revenue Water Exercise 6 classes/8 per class $5.00/cl. 16 weeks $3,840 6 classes/2 per class $7.00/cl. $1,344 Lifeguard Training 1 class/10 per class $150.00 1 session $1,500 1 class/5 per class $180.00 $900 CPR Training 1 class/5 per class $30.00/Res 1 session $150 1 class/3 per class $35.00/NR $105 Stroke Clinics l class/5 per class $20.00/Res 2 sessions $200 1 class/3 per class $24.00NR $144 Misc. 6 classes/5 per class $5.00/Res 16 weeks $2,400 6 classes/2 per class $7.00NR $1,344 TOTAL $11,927 Page 61 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Spring & Fall Swim Lessons Title Classes Fee Sessions/ Total Weeks Revenue Infant & Preschool 4 classes/3 per class $50.00/Res. 4 sessions $2,400 4 classes/1 per class $60.00 NR $960 Learn to Swim 6 classes/4 per class $50.00/Res. 4 sessions $4,800 6 classes/1 per class $60.00 NR $1,440 Private Lessons 4 classes/wk $15.00/cl. 22 weeks $1,320 1 class/wk $18.00/cl. $396 TOTAL $11,316 Other Title Classes Fee Sessions/ Total Weeks Revenue Water Exercise 9 classes/8 per class $5.00/cl. 22 weeks $7,920 9 classes/2 per class $7.00/cl. $2,772 Jr. Lifeguard 1 class/5 per class $40.00/Res 1 session $200 1 class/2 per class $48.00 HR $96 Lifeguard Training 1 class/10 per class $150.00/Res 2 session $3,000 1 class/5 per class $180.00 NR $1,800 CPR Training 1 class/5 per class $30.00/Res 2 session $300 1 class/3 per class $35.00 NR $210 Stroke Clinics 1 class/5 per class $20.00/Res 2 sessions $200 1 class/3 per class $24.00 NR $144 Birthday Parties 5 week $75.00/Res 22 weeks $8,250 1 week $90.00 NR $1,980 Special Events 30 per event $5.00 Res 3 events $450 15 per event $7.00 NR $315 Misc. 6 classes/5 per class $5.00/Res 22 weeks $3,300 6 classes/2 er class $7.00 NR $1,848 TOTAL $32,785 Page 62 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, California Summer Swim Lessons (weekday classes meet four days a week for two weeks) Title Classes Fee Sessions/ Total Weeks Revenue Infant & Preschool 10 classes/3 per class $50.00/Res 4 sessions $6,000 10 classes/1 per class $60.00NR $2,400 Learn to Swim 16 classes/4 per class $50.00/Res 4 sessions $12,800 Mon.-Thurs 16 classes/1 per class $60.00 NR $3,840 Private Lessons 7 classes/wk $15.00/cl. 14 weeks $1,470 3 classes/wk $18.00/cl. $756 TOTAL $27,266 Other Title Classes Fee Sessions/ Total Weeks Revenue Water Exercise 12 classes/8 per class $5.00/cl. 14 weeks $6,720 12 classes/2 per class $7.00/cl. $2,352 Youth Water Polo 1class/15 per class $60.00/Res 2 sessions $1,800 1 class/5 per class $72.00 NR $720 Jr. Lifeguard 1class/5 per class $40.00/Res 2 sessions $200 1 class/2 per class $48.00 NR $96 Lifeguard Training 1 class/10 per class $150.00/Res 1 session $1,500 1 class/5 er class $180.00 NR $900 CPR Training lclass/5 per class $30.00/Res 1 session $150 1 class/3 per class $35.00 NR $105 Stroke Clinics 1 class/5 per class $20.00/Res 6 sessions $900 1 class/3 per class $24.00 NR $432 Birthday Parties 8 week $75.00/Res 14 weeks $8,400 2 week $90.00 NR $2,520 Special Events 30 per event $5.00/Res 3 events $450 15 per event $7.00/NR $315 Misc. 6 classes/5 per class $5.00/Res 14 weeks $2,100 6 classes/2 per class $7.00 NR $1,176 TOTAL $30,836 Total Aquatics Program Revenue $115,650 Page 63 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Admission Revenue Winter Daily Fees (16 weeks) Category Daily Fee # per Day Revenue Adult $4.00 20 $ 80 Youth $3.00 10 $30 TOTAL 30 $110 DAYS per SEASON 110 Non -Residents 35% x 50% higher fee $2,118 GRAND TOTAL $14,218 Spring & Fall Daily Fees (22 weeks) Category Daily Fee # per Day Revenue Adult-WkDay $4.00 30 $120 Youth-Wk Day $3.00 15 $45 Sub Total 45 $165 DAYS per SEASON 106 TOTAL $17,490 Adult-WkEnd $4.00 60 $240 Youth-WkEnd $3.00 80 $240 Sub Total 140 $480 DAYS per SEASON 44 TOTAL $21,120 Non -Residents 35% x 50% higher fee $6,757 GRAND TOTAL $45,367 Summer Daily Fees (14 weeks) Category Daffy Fee # per Day Revenue Adult $4.00 75 $300 Youth $3.00 100 $300 TOTAL 175 $600 DAYS per SEASON 95 Non -Residents 35% x 50% higher fee $9,975 GRAND TOTAL $66,975 Page 64 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California 25 Admissions Category 25 Admissions # Sold Revenue Adult $94.00 200 $18,800 Youth $65.00 250 $16,250 TOTAL 450 $35,505 Non -Residents (20% x 50% higher fee) $3,505 GRAND TOTAL $38,555 3 Month Passes Category 3 Month # Sold Revenue Adult $120.00 400 $48,000 Youth $84.00 200 $16,800 TOTAL 600 $64,800 Non -Residents 20% x 35% higher fee $4,536 GRAND TOTAL $69,336 Total Admission Revenue Category Revenue Dail $126,559 25 Admission $38,555 3 Month $69,336 GRAND TOTAL $234,450 Note: These work sheets were used to project possible revenue sources and amounts. These figures are estimates only, based on very basic market information and should not be considered as guaranteed absolutes. This information should be utilized as a representative revenue scenario only and to provide possible revenue target ranges. Page 65 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, California Demographic Information and Swimming Participation Statistics Table A - Service Area Statistics & Comparison Population Comparison 17: 2000 Census 2009 Estimate 2015 Projection Cityof Palm Desert 41,155 51,509 59,588 Population Comparison 18 : 2000 Census 2009 Estimate 2014 Projection Primary Service Area 1 99,304 140,750 164,374 Number of Households Comparison 19: 2000 Census 2009 Estimate 2014 Projection City of Palm Desert 19,184 21,775 23,518 Primary Service Area 45,087 62,215 72,061 Number of Families Comparison 20: 2000 Census 2009 Estimate 2014 Projection City of Palm Desert 11,405 12,709 13,573 Primary Service Area 28,497 39,393 45,459 Average Household Size Comparison 21: 2000 Census 2009 Estimate 2014 Projection City of Palm Desert 2.13 2.15 2.16 Primary Service Area 2.19 2.25 2.27 United States 2.59 1 2.59 1 2.59 17 Riverside Country 2009 Progress Report. 18 U.S. Census Bureau and ESRI. 19 U.S. Census Bureau and ESRI. 20 U.S. Census Bureau and ESRI. 21 U.S. Census Bureau and ESRI. Page 66 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Map A — City of Palm Desert22 Dinah Shore Or d p� x 36 0 O m Frank Sinatra Q icho Mirage a a ls�.. Eir y3fli V Country Club Or to I Hawley Ln E Palm Desert b a. 9 Ave 42nd Avj 42 a 4tth i1?tk o IR, ut Indian Wells 5oth Sinaloa5l '" This map is based upon what was provided in the Riverside County 2009 Progress Report and should reflect most recent boundaries of the City of Palm Desert. Page 67 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Population Distribution by Age: Utilizing census information for the City of Palm Desert, the following comparisons are possible. Table B — 2009 City of Palm Desert Aee Distribution (ESRI estimates) Ages Population % of Total Nat. Population Difference -5 2,266 4.4% 7.0% -2.6% 5-17 4,739 12.0% 17.4% -5.4% 18-24 4,790 6.5% 9.9% -3.4% 25-44 11,435 22.2% 26.9% -4.7% 45-54 5,769 11.2% 14.6% -3.4% 55-64 6,336 12.3% 11.4% 0.9% 65-74 7,005 13.6% 6.6% 7.0% 75+ 9,169 17.8% 6.2% 11.6% Population: 2009 census estimates in the different age groups in the city. % of Total: Percentage of the city population in the age group. National Population: Percentage of the national population in the age group. Difference: Percentage difference between the city's population and the national population. Chart A — 2009 City of Palm Desert Aee Group Distribution 30 a 25 4 i 20 t 15 E 10 I i 5 0 -5 5-17 yrs 18-24 25-44 Page 68 AQUATIC CENTER OPERATIONS STUDY City of Paint Desert, California The demographic makeup of the City of Palm Desert, when compared to the characteristics of the national population, indicates that there are significant differences with a larger population in the 55-64, 65-74 and 75+ age groups and a smaller population in the -5, 5-17, 18-24, 25-44 and 45-54 age groups. The largest positive variance is in the 75+ age group with +11.6%, while the greatest negative variance is in the 5-17 age group with -5.4%. These demographic characteristics would point to a significantly older population made up of seniors and retirees. Page 69 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Population Distribution Comparison by Age: Utilizing census information from the City of Palm Desert, the following comparisons are possible. Table C — 2009 City of Palm Desert Population Estimates (U.S. Census Information and ESRI) Ages 2000 Population 2009 Population 2014 Population Percent Change Percent Change Nat'l -5 1,849 2,266 2,622 41.8% 14.4% 5-17 5,281 4,739 7,151 35.4% 4.7% 18-24 2,553 4,790 3,873 51.7% 16.2% 25-44 9,323 11,435 13,229 41.9% 0.6% 45-54 5,283 5,769 6,674 26.3% 16.2% 55-64 5,527 6,336 7,329 32.6% 64.3% 65-74 6,023 7,005 8,104 34.6% 41.3% 75+ 1 5,316 1 9,169 1 10,607 1 99.5% 1 19.1% Chart B — City of Palm Desert Population Growth Table-C, looks at the growth or decline in age group numbers from the 2000 census until the year 2014. It is projected that all of the age categories will see an increase in population. It must be remembered that the population of the United States as a whole is aging and it is not unusual to find negative growth numbers in the younger age groups and net gains nearing 45% in the 45 plus age groupings in communities which are relatively stable in their population numbers. Page 70 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Below is listed the distribution of the population by race and ethnicity for the City of Palm Desert based on 2009 population estimates. Table D — City of Palm Desert Hispanic Population and Median AEe (Source — U.S. Census Bureau and ESRI) Ethnicity Total Population % of Population Median Age Hispanic 11,332 22.0% 28.0 Table E — City of Palm Desert Ethnic Population and Median Ate (Source — U.S. Census Bureau and ESRI) Ethnicity Total Population % of Population Median Age White 42,804 83.1 % 58.4 Black 721 1.4% 35.1 American Indian 258 0.5% 42.0 Asian 1,700 3.3% 38.6 Pacific Islander 52 0.1% 30.5 Other 4,327 1 8.4% 26.1 Multiple 1,700 3.3% 28.8 2009 City of Palm Desert Total Population: 51,509 Residents Chart C — City of Palm Desert Ethnic Population Page 71 AQUATIC CENTER OPERATIONS STUDY City ofPain: Desert, California Map B — Primary Service Area % tt, 'hedral City *#ousand Palms mf Ramon Rd Reim wi Rd Pan— Rd C 36 N4* Rancho Mirage 2 Country Club D t4oAey LIM E 42nd Ave 0 rmuds Dunes Palm Desert Fred Waring Dr Ave 44th Ave ris44th F Amway Dr 1H17; Indian Wells 45 50#>K v 52nd Ave .5? 5252 52 Page72 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Population Distribution by Age: Utilizing census information for the Primary Service Area, the following comparisons are possible. Table F — 2009 Primary Service Area Aim Distribution (ESRI estimates) Ages Population % of Total Nat. Population Difference -5 6,286 4.6% 7.0% -2.4% 5-17 15,962 11.2% 17.4% -6.2% 18-24 7,775 5.6% 9.9% -4.3% 25-44 24,037 17.0% 26.9% -9.9% 45-54 16,766 11.9% 14.6% -2.7% 55-64 22,272 15.8% 11.4% 4.4% 65-74 23,325 16.5% 6.6% 9.9% 75+ 24,330 17.3% 6.2% 11.1% Population: 2009 census estimates in the different age groups in the service area. % of Total: Percentage of the service area population in the age group. National Population: Percentage of the national population in the age group. Difference: Percentage difference between the service area population and the national population. Chart D — 2009 Primary Service Area AEe Group Distribution 30 25 20 15 10 5 0 -5 5-17 yrs 18-24 25-44 45-54 55-64 65-74 75+ Page 73 AQUATIC CENTER OPERATIONS STUDY City of'Paln: Desert, California The demographic makeup of the Primary Service Area, when compared to the characteristics of the national population, indicates that there are considerable differences with a larger population in the-55-64, 65-74 and 75+ age groups and a smaller population in the -5, 5-17, 18-24, 25-44 and 45-54 age groups. The largest positive variance is in the 75+ age group with +11.1%, while the greatest negative variance is in the 25-44 age group with -9.9%. These demographic characteristics would point to a significantly older population made up of seniors and retirees. The population characteristics are almost identical to that of the City of Palm Desert proper. Page 74 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Population Distribution Comparison by Age: Utilizing census information from the Primary Service Area, the following comparisons are possible. Table G — 2009 Primary Service Area Population Estimates (U.S. Census Information and ESRI) Ages 2000 Population 2009 Population 2014 Population Percent Change Percent Change Nat'l -5 4,688 6,286 7,080 51.0% 14.4% 5-17 13,015 15,962 17,529 34.7% 4.7% 18-24 5,262 7,775 8,817 67.6% 16.2% 25-44 21,039 24,037 26,860 27.7% 0.6% 45-54 11,642 16,766 17,455 49.9% 16.2% 55-64 13,451 22,272 26,475 96.8% 64.3% 65-74 16,104 23,325 31,678 96.7% 41.3% 75+ 1 14,103 1 24,330 28,482 102.0% 19.1% Chart E — Primary Service Area Population Growth year Lut4. it is projectea that all or the age categories will see an increase in population. It must be remembered that the population of the United States as a whole is aging and it is not unusual to find negative growth numbers in the younger age groups and net gains nearing 45% in the 45 plus age groupings in communities which are relatively stable in their population numbers. Page 75 AQUATIC CENTER OPERATIONS STUDY City of 'Palm Desert, California Below is listed the distribution of the population by race and ethnicity for the Primary Service Area based on 2009 population estimates. Table H — Primary Service Area Hispanic Population and Median Ate (Source — U.S. Census Bureau and ESRI) Ethnicity Total Population % of Population Median Age Hispanic 38,342 27.2% 29.1 Table I — Primary Service Area Ethnic Population and Median Aae (Source — U.S. Census Bureau and ESRI) Ethnicity Total Population % of Population Median Age White 112,785 80.1 % 60.0 Black 1,943 1.4% 39.1 American Indian 712 0.5% 38.9 Asian 3,897 2.8% 40.9 Pacific Islander 145 0.1% 32.0 Other 16,568 11.8% 26.4 Multiple 406 3.3% 28.4 2009 Primary Service Area Total Population: 140,750 Residents Chart F — Primary Service Area Ethnic Population Page 76 AQUATIC CENTER OPERATIONS STUDY City ofTalnt Desert, California Next, the median age and household income levels are compared with the national number. Both of these factors are primary determiners of participation in swimming. The lower the median age, the higher the rate of participation. The level of participation also increases as the income level goes up. Table J - Median Age: 2000 Census 2009 Estimate 2014 Projection City of Palm Desert 48.1 54.1 55.8 Primary Service Area 50.0 54.7 56.8 Nationally 35.3 36.9 37.2 Chart G — Median Age 60 541 50 48.1 50 40 -'35.3 36.9 37.2 30 20 10 0 2000 2009 2014 1-0 Palm Desert ■ Primary ■ National With the median age in the City of Palm Desert and Primary Service Area being well above the National number it would indicate an older population. However, it will still be important to focus on facility components that will address the needs of youth and families while at the same time having an appeal to an older generation that will undoubtedly be encouraged to use the facility on a regular basis. Page 77 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, Calif6m a Map C - Median Ate by Census Tract 2009 Median Age by Census Tracts P. 61.E - 71,1 49.9 - 61.3 35.4 - 49.3 i1.4 - 36.3 . [L9 - IT.3 Page 78 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, Califorida Table K - Median Household Income: 2000 Census 2009 Estimate 2014 Projection City of Palm Desert $48,144 $60,345 $62,708 Primary Service Area $49,001 $60,398 $62,904 Nationally $42,164 $54,719 $56,938 Chart H — Median Household Income In the City of Palm Desert the percentage of households with median income over $50,000 per year is 58.6% compared to 54.6% on a national level. Furthermore, the percentage of the households in the city with median income less than $25,000 per year is 16.6% compared to a level of 21.0% nationally. In the Primary Service Area the percentage of households with median income over $50,000 per year is 58.9% compared to 54.6% on a national level. Furthermore, the percentage of the households in the Primary Service Area with median income less than $25,000 per year is 16.3% compared to a level of 21.0% nationally. These statistics indicate that there probably is a higher level of discretionary income for recreational purposes, but this must be balanced with the cost of living in the area. Page 79 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California May D - Median Household Income by Census Tract 2009 Median HH Income by Census Tracts R $59,747 - S8£.,649 A. 549,428 - S59,746 S43,320 - S49,427 $34,905 - $41, 319 $Z4,009 - $34,907 Page 80 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, California In addition to taking a look at Median Age and Median Income, it is important to examine Household Budget Expenditures. In particular looking at housing information; shelter, utilities, fuel and public services along with entertainment & recreation can provide a snap shot into the cost of living and spending patterns in the services areas. The table below looks at that information and compares the Primary Service Area to the State of California. Table L - Household Budget Expenditures23 Primary Service Area SPI Average Amount Spent Percent Housing 119 $24,048.00 29.7% Shelter 119 $18, 548.81 22.9% Utilities, Fuel, Public Service 122 $5,499.19 6.8% Entertainment & Recreation 121 $3,913.64 4.8% California SPI Average Amount Spent Percent Housing 122 $24,547.06 31.0% Shelter 126 $19, 630.27 24.8% Utilities, Fuel, Public Service 109 $4,916.79 6.2% Entertainment & Recreation 117 $3,784.85 4.8% SPI: Average Amount Spent: Percent: Spending Potential Index as compared to the National number of 100. The average amount spent per household. Percent of the total 100% of household expenditures. Note: Shelter along with Utilities, Fuel, Public Service are a portion of the Housing percentage. 23 Consumer Spending data are derived from the 2004 and 2005 Consumer Expenditure Surveys, Bureau of Labor Statistics. ESRI forecasts for 2008 and 2013. Page 81. AQUATIC CENTER OPERATIONS STUDY City of 'Palm Desert, California Chart I — Household Budget Expenditures Spending Potential Index Looking at the Median Household Income, it is above the national level, and when examining the Household Budget Expenditures it would indicate that the cost of living in the primary service area is comparable to the State of California and the National Spending Potential Index (SPI) Number of 100. Additionally, it would appear that the Spending Potential Index (SPI) for Entertainment & Recreation in the primary service area is higher than the State of California and the National Spending Potential Index of 100. It will be important to keep this information in mind when developing fee structure and looking at an appropriate cost recovery philosophy. Page 82 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Table M - Service Area Comparison Chart24 Cky of Palm Desert Primstry Service Area Population: 2000 41,155 99,304 2009 51,509 140,750 2014 15 59,588 165,374 Households: 2000 19,184 45,087 2009 21,775 62,215 2014 23,518 72,061 Families: 2000 11,405 28,497 2009 12,709 39,393 2014 13,573 45,459 Average Household Size: 2000 2.13 2.19 2009 2.15 2.25 2014 2.16 2.27 Ethnicity: Hispanic 22.0% 27.2% White 83.1 % 80.1 % Black 1.4% 1.4% American Indian 0.5% 0.5% Asian 3.3% 2.8% Pacific Islander 0.1% 0.1% Other 8.4% 11.8% Multiple 3.3% 3.3% Median Age: 2000 48.1 50.0 2009 54.1 54.7 2014 55.8 56.8 Median Income: 2000 $48,144 $49,001 2009 $60,345 $60,398 2014 $62,708 $62,904 Household Budget Expenditures: Housing 29.6% 29.7% Entertainment & Recreation 4.9% 4.8% 24 Sources of information are; US Census, ESRI and Riverside County 2009 Progress Report. Page 83 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, California Recreation Activities Participation On an annual basis the National Sporting Goods Association (NSGA) conducts an in-depth study and survey of how Americans spend their leisure time. This information provides the data necessary to overlay rate of participation in swimming onto the Primary Service Area to determine market potential. Comparison With National Statistics: Utilizing information from the National Sporting Goods Association and comparing them with the demographics from the Primary Service Area, the following participation projections can be made (statistics were compared based on age, household income, regional population and national population). Table N — Swimmine Participation Rates Activity Ate Income Region Nation Avera e Swimming 18.9% 26.3% 23.7% 23.7% 23.1% Age (median): Participation based on individuals ages 7 & Up of the Primary Service Area. Income: Participation based on the 2009 estimated median household income in the Primary Service Area. Region: Participation based on regional statistics (Pacific). National: Participation based on national statistics. Average: Average of the four columns. Page 84 AQUATIC CENTER OPERATIONS STUDY City of Paler Desert, California Anticipated Participation Numbers by Activity: Utilizing the average percentage from Table- N above plus the 2000 census information and census estimates for 2009 and 2014 (over age 7) the following comparisons can be made. Table O — Swimming Participation Rates Activity Average 2000 Part. 2009 Part. 2014 Part. Difference Swimming 23.1% 21,402 30,548 35,755 14,353 Note: The estimated participation numbers indicated above are for swimming as a whole and do not necessarily translate into expected attendance figures at a Palm Desert aquatic center since many participants utilize other facilities for these activities and may participate in more than one activity at a time. However, these figures do indicate the total number of people participating in various activities within the Primary Service Area. Anticipated Number of Times Participating Per Year: By taking the number of annual participants from Table-O, times the average number of times swum per year (from 2008 NSGA standards) will equal the total number of estimated uses per year. Table P — Annual Number of Swimmer Days Aver:aje= 2000 Uses 2009 Uses 2014 Uses % Chan e Swimming 40.54 867,367 1,238,415 1,449,508 +67.1% Average: The average number of times (by region, income, sex and nation) a person will swim in a year. This table indicates that there is a high number of annual "swimmer days" (a swimmer day is calculated as one individual swimming one day) from which to capture a sizable market share. It also must be remembered that many of these "swimmer days" are being satisfied by existing aquatic facilities. If a Palm Desert aquatic center were able to capture as few as 10% of the 2009 participants it would translate into 123,842 swimmer days. Drawing users from beyond the Primary Service Area could add additional swimmer days to the facility. Page 85 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Participation Correlation: Utilizing information provided by the National Sporting Goods Association's 2008 survey, the following correlation between people who participate in swimming and other recreational activities is possible. Table O — Participation Correlation Activity % of Swimmers % of Activity Participation Aerobic 21.4% 37.5% Basketball 23.5% 50.2% Exercise Walking 48.9% 32.1 % Exercise w/ Equipment 36.2% 36.5% Running/JoggingRunning/Jogging 24.2% 42.8% Weightlifting 21.7% 36.7% Percent of Swimmers: The percentage of swimmers who would participate in the given activity. % of Activity Part.: The percentage of the listed activity participants who would also participate in swimming. These correlation statistics indicate the strong relationship between those people who participate in aquatics and other activities. Participation by Ethnicity and Race: Participation in sports activities is also tracked by ethnicity and race. The table below compares the overall rate of participation nationally with the rate for Hispanics and African Americans. Utilizing information provided by the National Sporting Goods Association's 2008 survey, the following comparisons are possible. Table R — Comparison of National, African American and Hispanic Participation Rates Primary National African Hispanic Service Participation American Participation Participation Participation Swimming 23.1 % 23.7% 12.9% 22.2% Primary Service Part: The unique participation percentage developed for the Primary Service Area. National Rate: The national percentage of individuals who participate in the given activity. African American Rate: The percentage of African Americans who participate in the given activity. Hispanic Rate: The percentage of Hispanics who participate in the given activity. Based on the fact that there is a significant Hispanic population in the Primary Service Area the overall rate of participation could be affected. Page 86 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Summary of Sports Participation: The following chart summarizes participation in various sports and leisure activities utilizing information from the 2008 National Sporting Goods Association survey. Table S — Snorts Participation Summary Sport Nat'l Rank 25 Nat'l Participation (in millions) Primary Service Rank Primary Service Area % Participation Exercise Walking 1 96.6 1 37.4% Swimming 2 63.5 3 23.1 % Exercising w/ Equipment 3 63.0 2 24.1 % Work -Out at Club 8 39.3 4 15.2% Weight Lifting 10 37.5 6 13.8% Aerobic Exercising 11 36.2 5 14.1% Running/Jogging 12 35.9 7 13.3% Basketball 14 29.7 8 10.1 % Soccer 20 15.5 10 5.4% Baseball 21 15.2 9 5.8% Softball 23 12.8 12 4.6% Tennis 24 12.6 11 5.3% Volleyball 25 12.2 14 4.0% Skateboarding 30 9.8 12 3.6% Nat'l Rank: Popularity of sport based on national survey. Nat'l Participation: Percent of population that participate in this sport on national survey. Primary Service %: Ranking of activities based upon average rates of participation in the service area. Primary Service Rank: The rank of the activity within the service area It is important to note that swimming is the second most popular sports activity nationally and the third in the Primary Service Area. This creates a very strong market for an aquatic center in Palm Desert. 2' This rank is based upon the 41 activities reported on by NSGA in their 2008 survey instrument. Page 87 AQUATIC CENTER OPERATIONS STUDY City of Palnt Desert, California Comparison of State Statistics with National Statistics: Utilizing information from the National Sporting Goods Association, the following charts illustrate the participation numbers in selected sports in the State of California. State of California participation numbers in selected indoor and outdoor sports - As reported by the National Sporting Goods Association in 2008. Table T — California Participation Rates Sport California Participation in thousands Age Group Largest Number Exercise Walking 11,957 45-54 45-54 Swimming 7,360 7-11 35-44 Exercising w/ Equipment 8,034 25-34 25-34 Work -Out at Club 4,551 25-34 25-34 Weight Lifting 5,268 25-34 25-34 Aerobic Exercising 5,289 18-24 25-34 Running/Jogging 5,516 25-34 25-34 Basketball 3,088 12-17 12-17 Soccer 1,867 7-11 7-11 Baseball 2,161 7-11 7-11 Softball 1,710 7-11 25-34 Tennis 2,416 12-17 12-17 Volleyball 1,525 12-17 12-17 Skateboarding 1,528 12-17 25-34 California Participation: The number of people (in thousands) in California who participated more than once in the activity in 2008 and are at least 7 years of age. Age Group: The age group in which the sport is most popular or in other words, where the highest percentage of the age group participates in the activity. (Example: The highest percent of an age group that participates in exercise walking is 55-64.) This is a national statistic. Largest Number: The age group with the highest number of participants. Example: The greatest number of exercise walkers is in the 45-54 age group. (Note: This statistic is driven more by the sheer number of people in the age group than by the popularity of the sport in the age span.) This is a national statistic. Page 88 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, California California sport percentage of participation compared with the population percentage of the United States: California's population represents 12.1 % of the population of the United States (based on 2009 estimates from ESRI and the Census Bureau). Table U — California Participation Correlation Sport Participation Percentages Tennis 19.1 % Skateboarding 15.6% Running/Jogging 15.4% Aerobic Exercising 14.6% Baseball 14.2% Weight Lifting 14.0% Softball 13.3% Exercising w/ Equipment 12.8% Volleyball 12.5% Exercise Walking 12.4% Soccer 12.1 % Swimming 11.6% Work -Out at Club 11.6% Basketball 10.4% Note: Sports participation percentages refer to the total percent of the national population that participates in a sport that comes from the State of California's population. The fact that the rate of participation is slightly lower in swimming than the percentage of the population indicates a possible lower rate of use of an aquatic center when using overall state numbers. Page 89 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California Recreation Expenditures Spending Potential Index: In addition to participation in recreation activities, ESRI also measures recreation expenditures in a number of different areas and then indexes this against national numbers. The following comparisons are possible. Table V — Recreation Expenditures Spending Potential Index Primary Service Area SPI Average Spent Fees for Participant Sports 136 $150.71 Fees for Recreational Lessons 102 $133.37 Social, Recreation, Club Membership 137 $234.58 Exercise Equipment/Game Tables 78 $78.00 Other Sports Equipment 104 $11.39 State of California SPI Average Spent Fees for Participant Sports 121 $134.32 Fees for Recreational Lessons 127 $165.48 Social, Recreation, Club Membership 120 $204.78 Exercise Equipment/Game Tables 85 $84.54 Other Sports Equipment 120 $13.09 Average Amount Spent: The average amount spent for the service or item in a year. SPI: Spending potential index as compared to the national number of 100. Page 90 AQUATIC CENTER OPERATIONS STUDY City of'Palm Desert, California Chart J — Recreation Spending Potential Index 160 136 137 1 121 127 120 120 120 100 102 100 100 100 104 100 100 80 78 60 40 20 p Fees for Participant Fees for Recreational Social, Recreation, Exercise Other Sports Sports Lessons Club Membership Equipment/Game Equipment Tables The SPI index indicates that in all areas the rate of spending is higher than the state average and the National Spending Potential Index (SPI) of 100. This information is very important when determining a price point for activities and cost recovery philosophy. It is also important to note that these dollars are currently being spent, so the identification of alternative service providers and the ability of another facility to capture a portion of these dollars will be important. Page 91 AQUATIC CENTER OPERATIONS STUDY City of Palm Desert, California May E - Entertainment/Recreation Total Dollars Spent by Census Tract Entertainment/Recreation:Tot by Census Tracts 59,556,667 - 01 329,50C S5.363,055 - S0366,666 54,383,579 - $5,363,054 s3.:7o,751 $4,383,518 51.:24,397 - $3,170,750 Page 92 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM To: Mayor and City Councilmembers r� d From: John M. Wohlmuth, City Manage/It' Date: February 9, 2011 Subject: Revisions to the City Council Agenda New Business Item "F" (Contract with YMCA for Operations of Palm Desert Aquatic Center). Recommendation Staff's recommendation is to approve the Management and Operations Agreement with the amended program budget labeled Exhibit "B", and subject to review and approval of the Insurance section of the agreement by the City Attorney and Risk Manager. nicruccinn Attached is a revised Exhibit B to the draft Management and Operations Agreement with the Family YMCA of the Desert (YMCA). Proposed changes to the agreement relate to Exhibit "B" (Draft Operations Budget) and the Insurance section of the agreement. The YMCA has proposed an increase in the year one Management Fee from $120,000 to $150,000 for the Fiscal Year beginning July 1, 2011. The Management Fee encompasses two major components: 1. Indirect Costs: $60,000 of the proposed $150,000 Management Fee line item is related to indirect costs associated with the initial management of the Aquatic Center. These costs cover a percentage of the YMCA's existing overhead for their staff who will work on the Aquatic Center (i.e. Human Resources, Finance, CEO, etc.). The YMCA indicated that the $60,000 in year one is necessary due to the high amount of involvement that key staff members will have during the first year of operations. The YMCA has agreed that this is a not -to -exceed amount and will bill the City accordingly for the services (not to exceed $5,000 per month). It is possible that we may not spend the entire amount, and it is also possible that the YMCA may exceed this amount, which would not be reimbursable. Negotiations for any possible extensions of the contract will reflect the fact that indirect costs will be lower in subsequent years. Mayor and City Councilmembers February 9, 2011 Page 2 2. Profit/Program Contribution: $90,000 of the proposed Management Fee is the profit component of the contract. Every cost associated with the Aquatic Center is directly billed and paid for by the City with exception of the Management Fee. The YMCA has stated that these monies are used to cover unknown costs such as costs for special events (i.e. grand opening, guest speakers, etc.). Any monies remaining will roll directly back to the YMCA allowing them to expand existing programming and services. Staff's proposed change to the original documents provided in the City Council agenda packets results in a net increase of $30,000. The YMCA feels strongly that the first year of operations will result in many long work days to provide an end product that both the City and YMCA can be proud of. Staff believes the change is warranted for year one only. Any contract extension will require negotiation, and staff will look for the total management fee to be reduced to $120,000 (roughly 10% of operating expenses) in Fiscal Year 2012-2013. Although Indirect Costs are increasing, a reduction in the amount of the Profit/Program Contribution was negotiated from $107,400 to $90,000. The insurance section of the agreement is crucial to this project due to the nature of risks associated with running an Aquatic Center. The City's Risk Manager and City Attorney are working towards coverage that protects the City from possible exposures. Staff and YMCA have agreed upon coverage amounts and are working on drafting the final language that protects all parties. Attachment /bl cc: Mark Greenwood, P.E., Director of Public Works Paul S. Gibson, Director of Finance David Erwin, City Attorney Gary Rosenblum, Risk Manager Ryan Stendell, Senior Management Analyst Approved the recommendation with the Amended Program Budget figures for the Annual Management and Operation Services as outlined in Exhibit B and appropriate said funds. 5-0 CITY COUNCIL ACTION APPROVED ✓ �`` DENTED RECEIVED OTHER MEETI G D TE AYES: brAe 702yLrJU NOES: 0) ABSENT: A13STAIN: VEIZIFIEI) BY:(72 m Original on File with City crk's Office EXHIBIT "B" DRAFT PALM DESERT AQUATIC CENTER PROGRAM BUDGET Palm Desert 2011-2012 I G/L Numbers I Description I One Year Projection YMCA I City Paid Directly Fees Daily Admissions Three Month Passes One Year Passes Corporate/Group Rental Income Program Income Aquatics Contract Other Resale Items Umbrella Rentals Special Event Income Concession Income Vending Income TOTAL REVENUE PAYROLL Personnel Swim Instructors Food & Beverage Salaries Marketing/P.R. Salaries Facility Maintenance TOTAL PAYROLL OTHER EXPENSES Advertising/P.R. Bank Charges Contract Service Dues Electricity Food/Vending/Concessions Gas Insurance Expense Janitorial Expense M&R Supplies Miscellaneous/Other Expense Office Supplies Pool Chemical Expense Postage Expense Printing Expense Program Supplies Rental Equipment Retail Items Telephone Training/Conference Expense Trash Expense Uniform Expense 126,840.00 47,000.00 57,750.00 20,000.00 72,125.00 125,520.00 1,000.00 7,500.00 20,000.00 5,000.00 53,000.00 5,000.00 540,735.00 667,034.00 667,034.00 13,250.00 3,200.00 0.00 500.00 0.00 25,000.00 0.00 30,000.00 18,650.00 1,500.00 7,100.00 4,250.00 0.00 3,000.00 7,000.00 4,300.00 1,000.00 5,000.00 3,000.00 5,000.00 0.00 2,480.00 0.00 0.00 100,000.00 130,000.00 38,000.00 90,000.00 10,000.00 Management Fee Indirect Admin Costs 60,000.00 Profit [Program Contribution 90,000.00 TOTAL EXPENSES: 951,264.00 368,000.00 NET INCOME/(LOSS) (410,529.00) (368,000.00) Total Operations Expenditures: 1,319,264.00 Effective Recovery Rate: 41 %