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HomeMy WebLinkAboutC29401 Extention Family YMCA Management and Operations Services at PD Aquatic CenterContract No. C29401 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: APPROVE CONTRACT NO. C29401, A ONE-YEAR EXTENSION WITH THE FAMILY YMCA OF THE DESERT, FOR MANAGEMENT AND OPERATIONS SERVICES AT THE PALM DESERT AQUATIC CENTER FOR FY 2012/2013 SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Family YMCA of the Desert 43-930 San Pablo Ave. Palm Desert, CA 92260 DATE: May 24, 2012 CONTENTS: First Amendment to Agreement YMCA Correspondence Recommendation By Minute Motion: 1. Approve Contract No. C29401, a one-year extension with Family YMCA of the Desert (YMCA) for management and operations services at the Palm Desert Aquatic Center; and 2. Authorize the Mayor to execute the First Amendment. Funds are available in Fund 242 Accounts and have been included in the proposed FY 2012/2013 operating budget. Background The City Council awarded Contract No C29400 on February 10, 2011, to The Family YMCA of the Desert. The contract includes all management and operations services for the Palm Desert Aquatic Center, and provides for two extensions of one year each. Staff has been very pleased with the first full year of operations and many of the successes can be attributed to the team that has been assembled by the YMCA. Staff has estimated a conservative 48 percent recovery rate for the second full year of operations and is hopeful that number will be exceeded. Exhibit B of the First Staff Report Family YMCA of the Desert First Amendment to Agreement May 24, 2012 Page 2 of 2 Amendment outlines the total program budget for FY 2012/2013, which is inclusive of all utilities and maintenance expenses paid to operate the facility. The YMCA has agreed to reduce the amount of indirect administration costs from $60,000 to $42,000 based on the actual expenses incurred in the first year of operations. The original contract with the YMCA had two provisions for management fees; a fixed monthly management fee, and a percentage -based management fee to be paid at the end of the year based on exceeding projected income amounts. The percentage -based management approach has been used with success at Desert Willow in that an operator has incentive for exceeding revenue goals. The YMCA has indicated that they feel this approach does not fit the Aquatic Center because we are dealing with a higher level of safety. After extensive discussion, staff and the YMCA have agreed to the first one-year extension that pays the YMCA a monthly fixed management fee of $7,500. The City also reimburses the YMCA for indirect administration costs which are will be billed based on actual hours spent and will not exceed $42,000 per year. The provision dealing with the percentage -based management fee has been deleted. The City will likely issue a Request for Proposals for FY 2013/2014 as part of the budget process, and will look to include a strong incentive based management approach. Fiscal Analysis Staff presented a budget of $1,288,871.38 at the City Council budget meeting of April 30, 2012. Exhibit B of the First Amendment indicates a total expenditure of $1,304,871.38, representing a net increase of $16,000 from what the City Council reviewed at the budget study session. Prepared By: Depart yan Stendell Senior Management Analyst Paul S. Gibson, Director of Finance roval: n M. Wohlmuth, City Manager Mark G ee wood, P.L1 Directof of Public Works CITY COUNCIL ACTION APPROVED ✓ DENTED RECEIVED OTHER AYESrQ(l l NOES: ABSENT: C ABSTAIN: VERIFIED BY: Original on File with City Urk's Office CONTRACT NO. C29401 FIRST AMENDMENT TO AGREEMENT WHEREAS, the City of Palm Desert ("City") and Family YMCA of the Desert ("Consultant"), entered into an agreement, dated February 10, 2011, to provide Management and Operations Services at the Palm Desert Aquatic Center ("Agreement'), the parties wish to amend the Agreement effective July 1, 2012. NOW, THEREFORE, the parties agree as follows: A. (1) Term is amended to add the following paragraph to the end of the existing section, as amended. "The term of this Agreement is extended, and shall include the time period from July 1, 2012, through June 30, 2013." B. (5) Fixed Management Fee: The first paragraph of section 5 is amended as follows: The CITY agrees to pay the CONSULTANT a monthly fixed management fee of 11 000.00 ("Fixed Management Fee"). The Fixed Management Fee shall be paid monthly, in arrears, within 30 days of receipt of the invoice. C. (6) Percentage Management Fee shall be deleted in its entirety. D. Exhibit B ("Program Budget') has been amended for FY 2012/2013 and is included herein. E. All other terms and conditions of the Agreement shall remain unchanged, and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day of , 2012. CITY OF PALM DESERT Family YMCA of the Desert A Municipal Corporation Robert A. Spiegel, Mayor Attest: Rachelle D. Klassen, City Clerk City of Palm Desert, California Approved as to Form: Robert Ballew, CEO Approved as to Content: Mark Greenwood, P E. Director of Public Works David J. Erwin, City Attorney CONTRACT NO. C29401 CONTRACTOR NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } On 20 , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) CITY NOTARY ACKNOWLEDGMENT State of California } )SS County of Riverside } On 20 , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) EXHIBIT B PALM DESERT AQUATIC CENTER PROGRAM BUDGET FY 12/13 2012-2013 G/LNumbers Description Propoa.dFy1v13Budol REVENUE: 3-1.41-1310-12-00 PD Aquatics Daily Admissi 373,000.00 3-1.41-1310-12=00 PD Aquatics Daily Admissi 0.00 3-1-41-1320-12-00 PD Aquatics Daily Admissi 0.00 3.1-41-1320.12.00 PD Aquatics Daily Admissi 0.00 3.1.41.1320.12.00 PD Aquatics Program Incom 105,000.00 3-1-41-0150-12-00 Rental Equipment 2,700.00 3-1-41-0151.12-00 Rental Income 64,500.00 3-1-41-0310.12-00 Aquatics Special Event 2,200.00 3-1-41-1410-12-00 Food Income 49,500.00 3-1-41-1415.12-00 Beverage Income 18,5DO.D0 3-1-41-1417.12-00 Resale Income 5,050.00 TOTALREVENUE 620450.00 SALARIES: 3-1-41-2112-12-00 Salaries Manager 69,996.DO 3-1-41-2115-12-00 Salaries Maintenance 46,200.00 3-1-41-2120-12-00 Salaries Swim Instructor 37450.00 3-1-41-2122-12-00 Salaries Life Guards 320 577.00 3-1.41-2124.22-00 Salaries Concession 23,340.00 3-1-41.2125.12.00 Salaries Supervisor Program 39264.00 3-1-41-2127-12-00 Salaries Pool Supervisor 34.000.00 3.1.41.2152.12.00 Salaries Customer Svc 83,105.00 3.1.41.2210.12.00 Health Insurance UP 12,78000 3-1-41-2220-12-00 Retirement 6,74B.00 3.1-41-2300.22.00 Payroll Tax Exp 50 025.80 3-1.41.2320.12.00 Unemployment Expense 22,887.62 3-1-41-2330-12-DO Workers Comp Exp 19 617.96 TOTAL SALARIES 765 991.38 OTHER EXPENSES: 3.1.41.2442.12-00* Contract Svc Maintenance 75,000.0D 3-1.41-2510.12-00 Office Supplies 4,250.00 3-1.41-2520-12-00 Janitorial Expense 15,OOD.00 3-1-41-2540-22-00 Program Supplies 4,30D.00 3-1.41-2545-12-DD* Pool Chemical Expense 90,000.00 3-1-41-2548.12-00 Concession Supplies 1,000.00 3-1.41-2550-12-DO Food Expense 18,500.00 3-1-41-2552-12-DO Beverage Exnse 6,500.00 3-1-41-2570.12.00 Merchandise/Soft goods 2,95D.00 3-1-41-2572-12-00 Merchandise/Logo 1,050-00 3-1-41-2610-12-00* Telephone Expense 3,750.00 3-1-41-2611-12-OD Manager Cell Phone Expense 480.06 3-1-41-2710-12-00 Postage Exp 1,500.00 3-1.41.2820.12.OD Fingerprints/Medical Clearance 2,550.00 3-1-41-2831-12-00* Electricity 90,000.00 3.1-41-2832-12-00* Gas 20,000.00 3.1.41-2836-12-00* Water 9,000.00 3-1-41.2841-12-00 Maim&Repair Bldg 1,500.00 3.1-41.2910.12.00 Rental Equipment 1,000.00 3-1-02-3108-12-oD Other Special Event Expense 1,000.00 3-1-41-3110.12-DO P/R Marketing Exp 12,500.00 3-1-41-3120-12-00 Printing 6,000.00 3-1-41-3351-12-00 Training/Conference 4,000.00 3-1-41-3520-12-00 Dues/Organizational 500.00 3-1-41-37fi0-12-00 Bank Charges 8,050.00 3-1-41.3830.12.00 Insurance Expense 15,000.00 3-1-41-3900-12-00 Miscellaneous Expense 7,100.00 First Aid 1,000.00 3-1-41-39OG-12.00 Employment Promo/Staff App 400.00 3-1-41-3992-12-00 Employee Uniform Exp 3,000.00 Management Fee 90,000.00 Admin Fee lenled Eased oo aceval e.peosesl 42,000.00 Total Other E ens" 538 880.00 Total Salaries & Other Ex stress 1,304,871.38 NET INCOME! LOSS 684,421.38 Expenses noted with * are paid directly by City staff. FOR YOUTH DEVELOPMENT FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY February 22, 2012 Mr. John Wohlmuth, City Manager City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, CA 92260 Dear John, In February of 2011, our YMCA entered into an agreement with the City of Palm Desert to manage the Palm Desert Aquatic Center. The staff and Board of this YMCA feel this first year has been a great partnership with the City of Palm Desert. We see the Aquatic Center as an important link in providing recreation and fitness programs to our community. The YMCA wishes to continue our management agreement of the Aquatic Center, for the maximum time the City can authorize. Sincerely, Rob Ballew Executive Director Family YMCA of the Desert FAMILY YMCA OF THE DESERT 43-930 San Pablo Ave., Palm Desert, CA 92260 760-341-9622 Fax:760-779-9651 www.ymcaofthedesert.org