Exhibit A
Scope of Services
Contracting Party agrees to manage and operate the Fritz Burns Pool which includes the following responsibilities:
Provide pool management and operations for Fritz Burns Pool located at 78-060 Francis Hack Lane, including but not limited to, marketing and programming.
Embody high quality standards, emphasize excellent customer services, and have ability to maintain consistently high standards while managing and operating Fritz Burns Pool.
Meet and review, with City staff, pool operations and associated expenses on a quarterly basis.
Hire aquatic class instructors and provide all program equipment, materials, supplies and tangible items needed.
Hire lifeguards and provide the required trainings, uniforms, and supplies. Offer a variety of *programs including but not limited to Lap Swim, Senior Splash, Aqua Fit, Water Aerobics, Youth Swim lessons (Attachment 1) and hire a pool manager to provide direct supervision of Desert Recreation (DRD) team members. *Programs subject to change pending City approval. Adhere to operating hours as described in proposal (Attachment 1). Hours of operation are subject to change based on weather conditions, maintenance, etc., pending City approval.
Make arrangements to accept applicable health insurance plans for payment of aquatic classes when participation in a class is for medical aquatic physical therapy treatment (prescribed therapeutic exercise). In order for class participants to submit health insurance plan for payment, they must provide a current prescription from their doctor for physical therapy. The prescription needs to include a valid diagnosis and the frequency/duration of treatment. If health insurance company does not cover the expenses, participant will be responsible for full class payment.
All services provided by the Contracting Party must be performed to the highest industry standards and compliant with all applicable local, county, state and federal laws.
Contracting Party represents and warrants that the Scope of Services under this Agreement are for pool operations only. No construction, pre-construction, alteration, demolition, installation, repair, or maintenance work on the pool will be done under this agreement.
185 CLICK HERE to Return to Agenda
Exhibit A
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twentyfive thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, 186 CLICK HERE to Return to Agenda
Exhibit A
its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all “Public works” (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws.
Contracting Party shall require the same of all subcontractors.
2. Retention. Payments shall be made in accordance with the provisions of Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contracting Party within sixty (60) days after final acceptance of the Services by the City Council of City, after Contracting Party has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City’s failure to deduct or withhold shall not affect Contracting Party’s obligations under the Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk-line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. 187 CLICK HERE to Return to Agenda
Exhibit A
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement. (c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party’s cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties.
5. Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. 188 CLICK HERE to Return to Agenda
Exhibit B
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed TBD pending approval of Option 1, Option 2, or Option 3 per fiscal year, including the initial and any extended terms (“Contract Sum”), which is comprised of TBD estimated costs for the initial year of the Agreement and an annual 2.5% - 5.0% increase in compensation for the remaining year of the Agreement and extended terms except as provided in Section 1.7. The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in the amount identified in the monthly submitted invoice. Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement.
The net difference of pool operations minus pool program revenues will determing the monthly cost of DRD’s charges to the City. The Contract Sum to paid as follows (PENDING COUNCIL’S SELECTION OF OPTION 1, OPTION 2, OR OPTION 3) Option 1 – 12-Month Full Operations
Fiscal Year Cost
2024/25 $253,508
2025/26 (5% increase) $266,183
Initial Term Not To Exceed: $519,691
Optional 2-Year Term Extension
2026/27 (5% increase) $279,492
2027/28 (5% increase) $293,466
Extended Two-Year Term Not To Exceed: $572,958
Option 2 - 12-Month Reduced Operations in Oct/Nov/Dec
Fiscal Year Cost
2024/25 $232,903
2025/26 (5% increase) $244,548
Initial Term Not To Exceed: $477,451
Optional 2-Year Term Extension
2026/27 (5% increase) $256,775
2027/28 (5% increase) $269,613
Extended Two-Year Term Not To Exceed: $526,388
189 CLICK HERE to Return to Agenda
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Option 3 - 9-Month Operations, No Programming in Oct/Nov/Dec Fiscal Year Cost
2024/25 $226,903
2025/26 (5% increase) $238,248
Initial Term Not To Exceed: $465,151
Optional 2-Year Term Extension
2026/27 (5% increase) $250,160
2027/28 (5% increase) $262,668
Extended Two-Year Term Total: $512,828
Total compensation of Initial Term and Extended Term is not to exceed (PENDING COUNCIL’S SELECTION OF OPTION 1, OPTION 2, OR OPTION 3) 190 CLICK HERE to Return to Agenda
Exhibit C
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference.
191 CLICK HERE to Return to Agenda
Exhibit D
Exhibit D
Special Requirements
None
192 CLICK HERE to Return to Agenda
Exhibit E
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI:
Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident)
Auto Liability Additional Insured
Personal Auto Declaration Page if applicable
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, 193 CLICK HERE to Return to Agenda
Exhibit E
Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.
Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease.
Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information.
b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems.
c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended.
d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deeplinking or framing, and infringement or violation of intellectual property rights.
e. Liability arising from the failure to render professional services.
If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract.
Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the 194 CLICK HERE to Return to Agenda
Exhibit E
required polices are reduced; or (3) the deductible or self-insured retention is increased.
In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents.
E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement.
Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the 195 CLICK HERE to Return to Agenda
Exhibit E
policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party.
Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
10. Contracting Party agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be 196 CLICK HERE to Return to Agenda
Exhibit E
declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages.
16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.
197 CLICK HERE to Return to Agenda
Exhibit E
19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement.
City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 198 CLICK HERE to Return to Agenda
Exhibit F
Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party.
c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City.
199 CLICK HERE to Return to Agenda
Exhibit F
d. Indemnification Provision for Design Professionals.
1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party.
3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 200 CLICK HERE to Return to Agenda
Date: May 8, 2024
To: Christina Calderon, Community Services Deputy Director From: Maureen Archuleta, Community Services Supervisor
Subject: Swim & Water services at Fritz Burns Pool
CC: Barb Adair, Assistant General Manager
Our vision is that through a community collaborative approach, Desert Recreation District will provide quality, barrierfree, and safe recreational activities. These activities will contribute to the overall wellness of the citizens of the Coachella Valley, encourage healthy lifestyles and positive out-of-school activities, and facilitate, coordinate, and plan for recreation facilities and trails.
This proposal reaffirms Desert Recreations District ’s interest in continuing our formal working partnership with your agency to operate Aquatic programs at Fritz Burns Pool. Based upon your feedback on the attached proposal, Desert Recreation District has provided you with projected expense details.
It is essential to provide the city with data driven options that affect the fiscal impact of the operations of Fritz Burns Pool.
As we continue to track data on user trends, peak times, and program statistics, we feel it is our responsibility to provide the city with operational alternatives. It is difficult for municipalities to balance their budgets when the increase in user expectation is high, and we continue to face budget constraints. We have included Option (1) 12-month full operation (100 % cost-recovery of FT Aquatic Specialist year 6 of agreement direct cost); Option (2) reduced 12-month operation (85% cost-recovery of Aquatic Specialist 15% absorbed DRD); Option (3) 9-month operation (75% cost-recovery of Aquatic Specialist 25% absorbed DRD) for your review and consideration.
Per the Desert Recreation District Fees & Charges policy and manual - pricing and cost recovery, the District’s recreation services are designed to complement those available throughout the community, ensuring all residents have a reasonable opportunity to participate in recreation. For the development of the appropriate fee, the following three distinct categories of programming have been established: Full Subsidy, Merit Pricing, and Full Cost Recovery. This proposal falls into the Full Cost Recovery category. Programs in this category are intended to respond to the expressed need of the consumer for a particular recreation service. In setting prices for these services, the intent is to price the activity competitively within the local market and to recover all direct and indirect costs associated with said services. Direct costs include direct program staff, materials and supplies, and immediate administrative overhead (Aquatics Specialist). Indirect costs include administrative overhead and facility use surcharge and shall be calculated at 15% of direct cost.
Programming will allow for diverse service offerings and activities, including swim lessons, recreational swimming, adaptive swim programs, competitive swim team use, Master Swim Club, drop-in lap swimming, scheduled neighborhood summer camps, water aerobics classes-addition of tidal wave aquatic fit in pool bikes, and other community pool rentals. Other aquatic-related community services will include training for First Aid, CPR and Lifeguard/Instructor, as well as other community outreach programs to expand the benefits of participation in aquatics and water safety. We are also introducing a new Annual Aquatic Membership. Desert Recreation District (DRD), as well as Desert Recreation Foundation (DRF) contribute indirectly (which is not part of the fiscal impact to this agreement), donated scholarships that will benefit the La Quinta community.
ATTACHMENT 2
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Staffing and Management
Desert Recreation District’s Organizational Structure:
Community Services Supervisor
|
Aquatic Coordinator
|
Aquatic Specialist
|
Pool Managers
|
Lifeguards/Instructors
|
Pool Cashiers
Community Services Supervisor
The Community Services Supervisor is responsible for planning, coordinating, implementing, and conducting a variety of recreation and leisure programs and services to various communities within a designated geographic region. Fosters cooperative working relationships with various public, private, and community groups across geographic regions; provides professional staff support to recreation and aquatics team relative to the assigned area(s) of responsibility.
Aquatic Coordinator
The Aquatic Coordinator is a full supervisory-level class position which is responsible for overseeing all aquatic and swim staff at Districtwide aquatic facilities. Plans, schedules, supervises, and participates in the work of staff responsible for the direct delivery of aquatic and swim programs and services districtwide, coordinates facility operations across multiple sites as well as preparing and maintaining accurate records. The Aquatic Coordinator is responsible for monitoring staff time and attendance and supervising all money handling procedures districtwide. The Aquatic Coordinator ensures that programs, equipment, facilities, and supplies are in working condition and meet all health and safety standards.
Aquatics Specialist
The Aquatic Specialist has the overall responsibility for the management of the entire onsite aquatic and swimming staff.
The Aquatic Specialist will organize and supervise a comprehensive aquatics program for the community which includes the development and management of swim lessons, community programs, managing pool schedules of lifeguards, swim instructors and swim aides; develop a comprehensive and evolving staff training curriculum and lead aquatic staff trainings.
Qualifications for the Aquatics Specialist would include previous experience managing similar aquatic programs and operational duties with appropriate certifications (i.e. - Certified Pool Operator, Water Safety Instructor Trainer, Lifeguard Training, CPR and First Aid). The Aquatics Specialist is responsible for hiring, developing, and training the aquatic team. The Aquatic Specialist will function as the liaison between the City of La Quinta and the Desert Recreation District.
Pool Manager
The Pool Manager is responsible for leading and supervising a group of lifeguards in the day-to-day activities and responsibilities and is characterized by having leadership qualities in the performance of general lifeguard and instructor duties (anticipating, recognizing, and managing aquatic emergencies; leading by example; exhibiting responsibility and reliability). Qualifications would include similar responsibilities with all the appropriate certifications (i.e. - Water Safety Instructor, Lifeguard training, CPR and First Aid).
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Lifeguards/Instructors
Lifeguards/Instructors are responsible for the safety of participants. They must be properly certified and trained by established organizations. Lifeguards/Instructors ensure initiative-taking and expeditious accident prevention and response and perform general lifeguard/instructor functions. Lifeguards/Instructors also provide first responder medical emergency services to water and other aquatic facility emergencies. Qualifications would include similar responsibilities with all the appropriate certifications (i.e. - Water Safety Instructor, Lifeguard training, CPR and First Aid).
Cashier
The Cashier/Reception is responsible for direct customer service, answering basic programming questions and inquiries.
The Cashier/Receptionist is also solely responsible for the collection of fees as it relates to programs and services, and for enforcing rules and regulations of pool safety as well as promoting an open and welcoming community atmosphere.
Staff Ratios
Staff ratios are determined by program and by the number of participants. For swim lessons, The District typically maintains a participant to instructor ratio of 7:1. The District ensures compliance with all aquatic governing bodies as it relates to the safety and surveillance of the pools.
Risk Management
Desert Recreation District maintains the highest standard in Aquatic Risk Management and shall take all the necessary steps to provide effective risk management planning and minimize liability. Desert Recreation District has a comprehensive Emergency Action Plan & Procedures, manuals, waivers, policies, training records, audits, evaluations, and risk information available to the public.
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Option 1: 12 Month Full Operation
Proposed Site: Fritz Burns Pool 78107 Avenue 52, La Quinta, CA 92253 Proposed Services: * depending upon City selected service plan. • Lap Swim / Open Swim
• Senior Splash
• Water Aerobics
• Adult Swim lessons
• Free Swim days
- Friday, June 14, 5-9 pm Community Swim
- Thursday, July 4th Veterans swim free
- Saturday May 25th, June 29th, July 27th & August 31st Water Safety presentation • Dive–In Movies
- June 21st
- July 19th
- Aug 9th
• Youth,swim lessons (offered in summer months)
• Worlds’ Largest Swim Lesson June 20th 7pm – 9pm
• Infant, and Pre-School Ready Set Swim Jr. swim lessons year-round • Seasonal Community Splash Parties
- Saturday, September 14th,1-3pm Mermaid Splash Party
- Saturday, October 26th, 3-5pm Floating Pumpkin Patch * - Saturday, December 14th, 1-3pm pm Poolside with Santa * - Saturday, March 8th, 2-4pm Pirate Splash Party
• A Pool Manager to provide direct supervision of DRD team members. • Swim Party Rentals
• Adaptive Splash Play
• Lifeguard Training
Extended programming & services
• Spring Teen Friday Night Live Pool party.
• Ready Set Swim 3rd Grade Program
Operating Dates:
July 1, 2024– June 30, 2025
Proposed Operating Hours: * option 1 - depending upon City selected service plan.
June, July, Aug, Sep: Monday - Thursday 9 am –8pm / Friday & Saturday 8 am – 2 pm & 4-9 pm Oct, Nov, Dec: Monday - Thursday 9 am – 1 pm
Jan, Feb, March, April, May: Monday - Thursday 9 am – 1 pm / Saturday 8 am-1 pm Compensation for Services:
The city agrees to reimburse Desert Recreation District (provider) one hundred percent (100%) of the net operating costs as reflected in the Aquatic Program Service Account Detail. The proposal amount of two hundred fifty-three thousand five hundred eight dollars fifty-six cents. ($253,508.56) is an estimate based on the projected expenses and revenues. Direct costs will increase at an annual rate of 2.5% - 5.0% based on market conditions. 204 CLICK HERE to Return to Agenda
Aquatic program service account detail
Option 1 12 Month Full Operation
Direct Costs Estimated Totals
Aquatics Specialist FT salary & benefit load $87,549.89 Pool managers Operations $41,253.16
Pool Manager’s Rentals $634.16
Lifeguards Open Swim $143,031.64
Lifeguards Rentals $1,653.60
Swim Instructors $45,867.12
Fitness Instructors (Senior Splash) $6,987.64
Fitness Instructors (Water Aerobics) $8,028.56
Pool Cashier $9,706.26
Subtotal Staffing & Part Time Salaries $344,712.03
Materials & supplies-i.e., M&S for annualspecial events $2,475.00 Uniforms- i.e., staff lifeguard annual uniforms $1,390.00 Special Fees- i.e., Active Net program fees $3,926.53
Communication- i.e., iPad, required emergency cell phone $1,200.00 Fleet Vehicles- i.e., transportation/equip. Special Events $300.00 General Services -i.e., Marketing Signage $825.00
Minor Equipment- i.e., long-life teaching equipment $1,000.00 Office Supplies- i.e., AMR certification supplies & misc. $1,600.00 Computer & Office Equipment- i.e., Desktop systems for program registration & landline telephone services
$1,400.00
Travel & Professional Development-i.e., Certs for water aerobics, water fitness instruction, American Red Cross certs. $1,500.00
Subtotal Materials & Equipment $15,616.53
TOTAL DIRECT COST $360,328.56
(Administrative Overhead 15% of Direct Costs) &
Indirect Costs Absorbed by DRD
Estimated Totals
Community Services Supervisor ($8,420.14)
Aquatics Coordinator ($8,019.18)
Marketing & Advertising ($3,300.50)
Donated Scholarships & DRD Grant Funded Awards benefits to LQ Residents from Operation Splash, First 5 Riverside, Foundation Support ($24,910.00) TOTAL INDIRECT INKIND COSTS ($44,649.82)
Projected Revenue Estimated Totals
Open/Lap Swim $14,250.00
Pool Rentals $2,520.00
Fitness Classes $28,550.00
Youth Lessons $24,500.00
Donated Registration $12,000.00
Introduction of Annual Aquatic Memberships $25,000.00
TOTAL PROJECTED REVENUE $106,820.00
Projected Costs Estimated Totals
Total Direct Expenses $360,328.56
Total INKIND DRD Revenue ($44,649.82)
Total Revenue -$106,820.00
NET OPERATING COST $253,508.56
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Option 2: 12 Month Reduced Operation (Oct/Nov/Dec)
Proposed Site: Fritz Burns Pool 78107 Avenue 52, La Quinta, CA 92253 Proposed Services: * depending upon City selected service plan. • Lap Swim / Open Swim
• Senior Splash
• Water Aerobics
• Adult Swim lessons
• Free Swim days
- Friday, June 14, 5-9 pm Community Swim
- Thursday, July 4
th Veterans swim free
- Saturday May 25th, June 29th, July 27th & August 31st Water Safety presentation • Dive–In Movies
- June 21st
- July 19th
- Aug 9
th
• Youth, swim lessons (offered in summer months)
• Worlds’ Largest Swim Lesson June 20th 7pm – 9pm
• Infant, and Pre-School Ready Set Swim Jr. swim lessons year-round • Seasonal Community Splash Parties
- Saturday, September 14th,1-3pm Mermaid Splash Party
- Saturday, October 26th, 3-5pm Floating Pumpkin Patch* - Saturday, December 14th, 1-3pm pm Poolside with Santa* - Saturday, March 8
th
, 2-4pm Pirate Splash Party
• A Pool Manager to provide direct supervision of DRD team members. • Swim Party Rentals
• Adaptive Lessons
• Lifeguard Training
Extended programming & services
• Spring Teen Friday Night Live Pool party.
• Ready Set Swim 3rd Grade Program
Operating Dates:
July 1, 2024– June 30, 2025
Proposed Operating Hours:
June, July, Aug, Sep: Monday - Thursday 9 am –7 pm / Friday & Saturday 8 am – 2 pm & 4-9 pm Oct, Nov, Dec: Open Monday – Wednesday 9 am to 1 pm Closed Thursday to Sunday Jan, Feb, March, April, May: Monday - Thursday 9 am – 1 pm / Saturday 8 am-1 pm Compensation for Services:
The city agrees to reimburse Desert Recreation District (provider) one hundred percent (100%) of the net operating costs as reflected in the Aquatic Program Service Account Detail. The proposal amount of two hundred thirty-two thousand nine hundred three dollars eighty-five cents ($232,903.85) is an estimate based on the projected expenses and revenues. Direct costs will increase at an annual rate of 2.5% - 5.0% based on market conditions. 206 CLICK HERE to Return to Agenda
Aquatic program service account detail
Option 2 12 Month Reduced Operation
(October/November/December)
Direct Costs Estimated Totals
Aquatics Specialist FT 85% salary & benefit load $74,417.41 Pool Managers Operations $34,663.38
Pool Managers Rentals $634.16
Lifeguards Open Swim $138,266.80
Lifeguards Rentals $1,653.60
Swim Instructors $45,867.12
Fitness Instructors (Senior Splash) $6,708.41
Fitness Instructors (Water Aerobics) $7,611.21
Pool Cashier $9,706.26
Subtotal Staffing & Part Time Salaries $319,528.35
Materials & supplies-i.e., M&S for annualspecial events $2,475.00 Uniforms- i.e., staff lifeguard annual uniforms $1,390.00 Special Fees- i.e., Active Net program fees $3,000.00
Communication- i.e., iPad, required emergency cell phone $1,200.00 Fleet Vehicles- i.e., transportation/equip.special events $300.00 General Services -i.e., Marketing Signage $825.00
Minor Equipment- i.e., long-life teaching equipment $1,000.00 Office Supplies- i.e., AMR certification supplies & misc. $1,600.00 Computer & Office Equipment- i.e., Desktop systems for program registration & landline telephone services
$1,400.00
Travel & Professional Development-i.e., Certs for water aerobics, water fitness instruction, American Red Cross certs. $1,100.00
Subtotal Materials & Equipment $14,290.00
TOTAL DIRECT COST $333,818.35
(Administrative Overhead 15% of Direct Costs) &
Indirect Costs Absorbed by DRD
Estimated Totals
Aquatics Specialist DRD absorbed 15% Fulltime cost ($13,132.48) Community Services Supervisor ($8,420.14)
Aquatics Coordinator ($8,019.18)
Marketing & Advertising ($3,300.50)
Donated Scholarships & DRD Grant Funded Awards benefits to LQ Residents from Operation Splash, First 5 Riverside, Foundation Support ($24,910.00) TOTAL INDIRECT INKIND COSTS ($57,782.30)
Projected Revenue Estimated Totals
Open/Lap Swim $13,034.00
Pool Rentals $2,520.00
Fitness Classes $24,587.50
Youth Lessons $23,773.00
Donated Registration $12,000.00
Introduction of Annual Aquatic Memberships $25,000.00
TOTAL PROJECTED REVENUE $100,914.50
Projected Costs Estimated Totals
Total Direct Expenses $333,818.35
Total INKIND DRD Revenue ($57,782.30)
Total Revenue -100,914.50
NET OPERATING COST $232,903.85
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Option 3: 9 Month (Oct/Nov/Dec No programming)
Proposed Site: Fritz Burns Pool 78107 Avenue 52, La Quinta, CA 92253 Proposed Services: * depending upon City selected service plan. • Lap Swim / Open Swim
• Senior Splash
• Water Aerobics
• Adult Swim lessons
• Free Swim days
- Friday, June 14, 5-9 pm Community Swim
- Thursday, July 4
th Veterans swim free
- Saturday May 25th, June 29th, July 27th & August 31st Water Safety presentation • Dive–In Movies
- June 21st
- July 19th
- Aug 9
th
• Youth, swim lessons (offered in summer months)
• Worlds’ Largest Swim Lesson June 20th 7pm – 9pm
• Infant, and Pre-School Ready Set Swim Jr. swim lessons year-round • Seasonal Community Splash Parties
- Saturday, September 14th,1-3pm Mermaid Splash Party
- Saturday, October 26th, 3-5pm Floating Pumpkin Patch* - Saturday, December 14th, 1-3pm pm Poolside with Santa* - Saturday, March 8
th
, 2-4pm Pirate Splash Party
• A Pool Manager to provide direct supervision of DRD team members. • Swim Party Rentals
• Adaptive Lessons
• Lifeguard Training
Extended programming & services
• Spring Teen Friday Night Live Pool party.
• Ready Set Swim 3rd Grade Program
Operating Dates:
July 1, 2024– June 30, 2025
Proposed Operating Hours:
June, July, Aug, Sep: Monday - Thursday 9 am –7 pm / Friday & Saturday 8 am – 2 pm & 4-9 pm (Oct/Nov/ Dec: NO PROGRAMMING IN THIS PROPOSAL)
Jan, Feb, March, April, May: Monday - Thursday 9am – 1pm / Saturday 8am-1pm Compensation for Services:
The city agrees to reimburse Desert Recreation District (provider) one hundred percent (100%) of the net operating costs as reflected in the Aquatic Program Service Account Detail. The proposal amount of two hundred twenty-six thousand nine hundred three dollars eighty-one cents ($226,903.81) is an estimate based on the projected expenses and revenues. Direct costs will increase at an annual rate of 2.5% - 5.0% based on market conditions. 208 CLICK HERE to Return to Agenda
Aquatic program service account detail
Option 3 9 Month (Oct/Nov/Dec No Programming)
Direct Costs Estimated Totals
Aquatics Specialist FT 75% salary & benefit load $65,662.40 Pool Managers Operations $34,663.38
Pool Managers Rentals $634.16
Lifeguards Open Swim $126,354.20
Lifeguards Rentals $1,653.60
Swim Instructors $45,867.12
Fitness Instructors (Senior Splash) $5,526.43
Fitness Instructors (Water Aerobics) $6,430.23
Pool Cashier $9,706.26
Subtotal Staffing & Part Time Salaries $296,497.78
Materials & supplies-i.e., M&S for annualspecial events $2,000.00 Uniforms- i.e., staff lifeguard annual uniforms $1,390.00 Special Fees- i.e., Active Net program fees $2,926.53
Communication- i.e., iPad, required emergency cell phone $1,200.00 Fleet Vehicles- i.e., transportation/equip.special events $300.00 General Services -i.e., Marketing Signage $825.00
Minor Equipment- i.e., long-life teaching equipment $1,000.00 Office Supplies- i.e., AMR certification supplies & misc. $1,600.00 Computer & Office Equipment- i.e., Desktop systems for program registration & landline telephone services
$1,400.00
Travel & Professional Development-i.e., Certs for water aerobics, water fitness instruction, American Red Cross certs. $1,000.00
Subtotal Materials & Equipment $13,641.53
TOTAL DIRECT COST $310,139.31
(Administrative Overhead 15% of Direct Costs) &
Indirect Costs Absorbed by DRD
Estimated Totals
Aquatic Specialist – DRD absorbed 25% Fulltime cost ($21,887.47) Community Services Supervisor ($8,420.14)
Aquatics Coordinator ($8,019.18)
Marketing & Advertising ($3,300.50)
Donated Scholarships & DRD Grant Funded Awards benefits to LQ Residents from Operation Splash, First 5 Riverside, Foundation Support ($24,910.00) TOTAL INDIRECT INKIND COSTS ($66,537.29)
Projected Revenue Estimated Totals
Open/Lap Swim $11,818.00
Pool Rentals $2,520.00
Fitness Classes $20,625.00
Youth Lessons $23,772.50
Donated Registration $12,000.00
Introduction of Annual Aquatic Memberships $12,500.00
TOTAL PROJECTED REVENUE $83,235.50
Projected Costs Estimated Totals
Total Direct Expenses $310,139.31
Total INKIND DRD Revenue ($66,537.29)
Total Revenue -$83,235.50
NET OPERATING COSTS $226,903.81
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DEPARTMENTAL REPORT ITEM NO. 7-A
PUBLIC SAFETY
QUARTERLY REPORT
Code Compliance / Animal Control
Jan. 1 – March 31, 2024
542
609
790 809
653 630
439 391
496
714
525
434
609
580
687
914
667
589
477
611
519
671
564
348 377
279
372
0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Site Inspections*
2022 2023 2024
*Site inspections are required to confirm violations and include STVR inspections and regular code complaints (e.g., trash containers, landscaping, property maintenance issues, etc.).
Misc.
6% Vehicle
Issues
15%
Building
Code
6%
Animal
Control
12%
Business
License
3%
STVRs
38%
Property
Maintenance
20%
Administrative Citations
Hearing Types:
2 Administrative Hearings
1 STVR Citation
1 STVR Permit Suspension
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False Alarms
• $176,084 in fees collected to
date
• City Staff outreach to businesses
with multiple false alarms.
Animal Control Update
4 5 7
3 3
32 53
3 Impounds
1 8
5 6
14 14
28 1 1
Outcomes
Riverside County Department of Animal Services (RCDAS) – Coachella Campus has walk-in hours from 10 a.m. to 4 p.m. In the event of a pet emergency, animal control question, or if you are interested in adopting, fostering or rescuing, please call 951-358-7387. Potential adopters, fosters, or resources can also send an email to [email protected] or visit their website at: https://www.rcdas.org/.
RCDAS is now hosting Free Mobile Clinics throughout the county. For more information and to make an appointment, please visit https://rcdas.org/mobile-wellness or call 951-358-7387.
A false alarm means the activation of a security alarm system necessitating response by peace officers when an emergency does not exist. A service fee is due to the City after an excessive number of false alarms (defined as three or more false alarms) within a one-year period have been received from a particular business, residence, or property.
118 111
91 111
95 133
Jan Feb Mar
2023 2024
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LA QUINTA SHERIFF’S STATION
QUARTERLY REPORT
January 1, 2024 – March 31, 2024
Statistics
Priority 1 – Involve circumstances that pose a clearly defined threat to human life or property; Priority 2 – Involve circumstances of an urgent but not life-threatening nature (e.g. minor assaults and batteries);
Priority 3 – Involve circumstances which are neither urgent nor life threatening (e.g. disturbances of the peace);
Priority 4 – Incidents occurring in the past or “cold” calls.
DEPARTMENTAL REPORT ITEM NO. 7-B
Average Response Time
Number of Calls for Service
5.72 16.59
30.56 30.81
7.03 14.73
26.2 36.21
Priority 1 Priority 2 Priority 3 Priority 4
Jan-23 Jan-24
7.92 17.05
26.19 36.85
4.84 15.23
22.94 36.87
Priority 1 Priority 2 Priority 3 Priority 4
Feb-23 Feb-24
6.7 15.02
29.1 32.45
5.29 14.39
22.68 35.85
Priority 1 Priority 2 Priority 3 Priority 4
Mar-23 Mar-24
29 428
462
189
24 393
374
164
Priority 1 Priority 2 Priority 3 Priority 4
Jan- 23 Jan-24
15 424 434
149
13 373
313
179
Priority 1 Priority 2 Priority 3 Priority 4
Feb-23 Feb-24
35 428
471
178
19 472
359
162
Priority 1 Priority 2 Priority 3 Priority 4
Mar-23 Mar-24
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Special Enforcement Team &
Business District
• Actions: 545
• Narcotics Seized: Meth 20.22 g
Traffic Team
• Actions: 543
Community Service Officers &
Crime Prevention Specialists
• Actions: 1,044
• Community Meetings: 3
Excessive
Speed
Citations, 97
Seat Belt
Citations, 4
Other NonHazard
Citations, 165
Other Hazard
Citations, 262
Citations
DUI Collisions,
9 Traffic Injury
Collision, 30
DUI Arrests,
20 Fatality, 1
Non Injury and
Private Property
Collision, 85
DUI Injury
Collision, 8
Collisions
School Resource Officers
• Actions: 168
Narcotics Task Force
• Actions in La Quinta: 8
• Narcotics Seized: Meth 14.5 g / Psilocybin
(Magic Mushrooms) 51.8 g
Gang Task Force
• Actions in La Quinta: 24
• Narcotics Seized: Meth 1.3 g
Citizens on Patrol
• Actions: 5
• Hours Donated: 462.35 hours
Actions by Teams:
0 0 4
58 2 3 6
20 0 0 2
54 1
13 10 11
0 0 1
54 1
12 12 17
Rape Homicide Aggravated
Assault
Larceny Robbery Burglary Vehicle
Theft
Simple
Assault
Crime Statistics
January February March
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Public Safety Camera System Statistics (PSCS)
System Statistics for January to March 2024:
Processed 10 public records requests from citizens and insurance companies. 500 videos related to police investigations have been queried.
Of those queried, 79 videos related to police investigations have been exported.
No businesses have opted out of the PSCS.
Significant Incidents Involving the PSCS and FLOCK
On February 16, 2024, La Quinta SET Deputies responded to the area of Avenida Bermudas and Avenue 52 in the City of La Quinta reference a FLOCK hit of a stolen F150 taken from the City of Palm Desert. The vehicle was located on Calle Colima and Avenida Diaz. The driver of the vehicle identified as a 55-year-old male of La Quinta was the sole occupant of the vehicle and taken into custody. During a search incident to arrest, the male was found to be in possession of methamphetamine, drug paraphernalia and a switchblade. He was later booked at JBDC.
On February 16, 2024, La Quinta SET Deputies conducted a follow up investigation of an electric bike stolen from the La Quinta Lowes on February 2, 2024. During the course of the investigation, and with the assistance of City cameras, the suspect was identified as a 35-year-old male transient of Yucca Valley. It was also discovered he was currently on parole. With the assistance of San Bernardino Parole, the male was requested by his parole officer to check in at the parole office in Victorville, where La Quinta SET Deputies subsequently arrested him. In addition, it was discovered that the male was currently out on bail for a possession of a drugs and gun case. The male was arrested and booked at Smith Correctional Facility located in Banning.
February 17, 2024, a La Quinta Community Service Officer was flagged down at the Beer Hunter regarding a hit and run that just occurred. Via FLOCK, and with the suspect vehicle description provided, deputies located the vehicle near the La Quinta Brewing Company in Old Town La Quinta. The driver, a 42-year-old male from La Quinta, displayed objective symptoms of intoxication but refused all Field Sobriety Test (FST’s). Suspect was initially cooperative regarding a blood draw and then refused. A McNeely warrant was obtained, and he was subsequently arrested for felony DUI as he had three previous convictions. He was later booked into JBDC.
On February 23, 2024, La Quinta SET Deputies received information from Jurupa Valley Station investigations of an Ulta Retail Theft ring responsible for at least 23 thefts from Ulta Stores throughout Southern California, and that they were possibly heading toward Highway 111 in the City of La Quinta. With the use of FLOCK and city cameras, it was determined the suspect vehicle was in La Quinta. La Quinta SET Deputies responded to the area and located the vehicle parked in front of the Ulta Store unoccupied. Deputies observed two subjects later identified as a 38-year- old female of Rialto, and 45-year-old male of Rialto, exiting the store and returning to the vehicle. The suspects were apprehended and found in possession of large amount of merchandise concealed on their persons. Approximately $2,100.00 worth of merchandise was stolen from La Quinta and recovered in their vehicle. Both suspects were also identified as suspects from a theft at La Quinta Ulta that occurred on 01/17/24. Jurupa Valley Investigations took custody of the subjects. The suspects were later booked at the Robert Presley Detention Center (RPDC). 215 CLICK HERE to Return to Agenda
216
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FIRE DEPARTMENT
QUARTERLY REPORT
January 1, 2024– March 31, 2024
Incident Response Activity
Incident Type 3rd Qtr.
2023
3rd Qtr.
2024
Medical 1085 1048
False Alarm 97 122
Public Service
Assistance
63 73
Traffic Collision 84 67
Standby 21 10
Other Fire 4 7
Residential Fire 3 7
Vehicle Fire 2 4
Rescue 0 2
Ringing Alarm 8 7
Other
Miscellaneous
1 4
Hazardous
Materials
2 2
Commercial Fire 2 1
Multi-Family
Dwelling Fire
0 1
Wildland Fire 2 0
Total 1,374 1,355
DEPARTMENTAL REPORT ITEM NO. 7-C
Average Enroute to
On-Scene Time
631
300
45 3 4.94
64.45 567
328
35 3
5.06 60.77
<5
Minutes
+5
Minutes
+10
Minutes
+20
Minutes
Average
Min
% 0 to 5
Min
3rd QTR 2023 3rd QTR 2024
Enroute Time: When a unit has been acknowledged as
responding.
On-scene Time: When a unit has been acknowledged
as being on-scene.
Automatic Aid 3rd
Qtr.
2023
3rd
Qtr.
2024
LQ Resources Responding
in LQ
1,300 1,277
LQ Resources Aiding Other
Jurisdictions
708 803
Resources Aiding LQ 455 442
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Truck Report
For this quarter, Truck 86 recorded 24 responses, and Truck 33 had 6 responses in the City of La Quinta.
Fire Inspection Report
• Construction Plan Reviews – 120
• Planning Case Reviews – 12
• Construction inspections – 536
• Facility Inspections – 34
• Review and Inspection Service – During this period, the average turnaround time for plan review was 2 weeks; and the average turnaround time for inspections was 3 business days.
Significant Incident Report
24CARRU004428
24CARRU011955
24CARRU020062
24CARRU043593
On March 23, 2024, at 10:46 am, CAL FIRE responded to a reported residential structure fire.
The first arriving officer reported smoke coming from center courtyard of a large estate style home. Companies were able to confirm that all occupants were evacuated. Crews contained the fire to contents and room of origin. Engine companies remained at the scene for approximately three hours for salvage and overhaul. La Quinta City building officials will need to evaluate the residence.
On January 22, 2024, at 10:22 am, CAL FIRE was dispatched to 520067 Calle Oaxaca in the City of La Quinta. The first arriving officer reported a single-story duplex with an established fire in the chimney of one unit. Crews inside the structure worked with firefighters on the roof and were able to contain the fire to the unit of origin. Two adults were displaced but declined assistance from the Red Cross. La Quinta city building officials will need to follow up due to the damage to the structure.
On February 7, 2024, at 8:28 am, CALFIRE responded to a residential structure fire at 47815 Sumac St in the City of La Quinta. The first arriving officer reported heavy smoke and fire from the side of the home. A coordinated fire attack contained the well-established fire to the original dwelling. City Building Officials will need to follow up due to the extensive fire damage. There were two adults displaced, however they denied housing assistance at the time.
On March 22, 2024, at 2:46 pm, CALFIRE responded to a reported vehicle fire under a carport at 43576 Washington Street in the City of La Quinta. First arriving Engine reported 2 passenger vehicles fully involved with multiple exposures. The driver off the vehicle was treated on scene and transported to JFK Medical Center with smoke inhalation and minor burns. A total of two vehicles were destroyed and one damaged along with some damage to the underside of the carport.
474 508 478 603 576 475 120
859
1217 1022
1660
3009
3131
582
2018 2019 2020 2021 2022 2023 2024 - to March
Annual Review and Inspection Trends - La Quinta
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FINANCIAL ADVISORY COMMISSION MINUTES Page 1 of 4 APRIL 3, 2024
SPECIAL MEETING
FINANCIAL ADVISORY COMMISSION
SPECIAL MEETING
MINUTES
WEDNESDAY, APRIL 3, 2024
CALL TO ORDER
A special meeting of the La Quinta Financial Advisory Commission (Commission) was called to order at 4:07 p.m. by Chair Dorsey.
PRESENT: Commissioners Anderson, Batavick, Kiehl, Mast, Way and Chair Dorsey ABSENT: Commissioner Mills
PLEDGE OF ALLEGIANCE
Commissioner Anderson led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None
CONFIRMATION OF AGENDA
Staff requested that Study Session Item No. 1 regarding the City’s five-year Capital Improvement Program be moved up on the agenda and considered before the Consent Calendar. The Commission concurred.
ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS
1. SALES TAX TRENDS PRESENTATION BY HDL COMPANIES DIRECTOR OF
CLIENT SERVICES BOBBY YOUNG
City Consultant and Director of Client Services of HDL Companies Bobby Young shared his experience with working with the government sector; provided a breakdown of statewide and local sales tax trends; online sales tax allocation; the difference between City/County General Fund (Bradley-Burns) and La Quinta Measure G sales tax; and types of businesses included as major industry and business groups.
Finance Director Martinez and Mr. Young provided an overview of how sales tax data is used to create the City’s budget and to update sales tax forecast with HDL Companies.
Further discussion followed on sales tax allocation for auto sales for La Quinta residents, consumer and federal spending, and changes in Measure G sales tax revenue.
STUDY SESSION >>> taken out of Agenda order
REPORTS AND INFORMATIONAL ITEM NO. 31
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FINANCIAL ADVISORY COMMISSION MINUTES Page 2 of 4 APRIL 3, 2024
SPECIAL MEETING
1. DISCUSS PROJECTS TO BE INCLUDED IN FISCAL YEARS 2024/25 THROUGH 2028/29 CAPITAL IMPROVEMENT PROGRAM (CIP)
Management Analyst Mignogna and Public Works Director/City Engineer McKinney presented the staff report, which is on file in the Finance Department.
The Commission and staff discussed CIP transportation projects; funding allocation and improvements for the cultural campus project; Senate Bill 1 transportation funding; amenities to be included in the Fritz Burns (FB) park project; types of grants available and process for applying for a grant; and budgeting for other funding sources.
Commissioner Batavick recommended the following changes to the 5-year CIP:
• Using $2 million more of Measure G funding for the Pavement Management Plan (PMP) Transportation projects.
• Funding FB park improvements and the Maintenance and Operations Yard project 100% with Measure G funds.
• Consideration of moving the Public Safety Camera System project from fiscal year 2025/26 to fiscal year 2024/25.
Staff said that recommendations would be shared with Council for their consideration and that a percentage of funding for PMP must be from the General Fund, but an increase in Measure G funding may be considered.
The Commission and staff discussed the City’s procurement process for obtaining bids and completing projects and the Avenue 50 widening improvements.
The Commission gave their farewells to Management Analyst Mignogna and wished her the best of luck in her new endeavor.
CONSENT CALENDAR ITEMS
1. APPROVE MEETING MINUTES DATED FEBRUARY 7, 2024
2. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED DECEMBER 31, 2023
3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JANUARY 31, 2024
Motion – A motion was made and seconded by Commissioners Way/Mast to approve the Consent Calendar as submitted. Motion passed: ayes – 6, noes – 0, abstain – 0, absent – 1 (Mills).
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FINANCIAL ADVISORY COMMISSION MINUTES Page 3 of 4 APRIL 3, 2024
SPECIAL MEETING
BUSINESS SESSION
1. RECEIVE AND FILE SECOND QUARTER FISCAL YEAR 2023/24 TREASURY REPORTS FOR OCTOBER, NOVEMBER, AND DECEMBER 2023
Finance Director Martinez presented the staff report, which is on file in the Finance Department.
Motion – A motion was made and seconded by Commissioners Mast/Batavick to receive and file second quarter fiscal year 2023/24 treasury reports for October, November, and December 2023. Motion passed: ayes – 6, noes – 0, abstain – 0, absent – 1 (Mills).
2. RECEIVE AND FILE FISCAL YEAR 2023/24 BUDGET UPDATE REPORT Finance Director Martinez presented the staff report, which is on file in the Finance Department.
The Commission and staff discussed in further detail the required transfer fees paid out by the Signature at PGA West residential development pursuant to their Development Agreement with the City to mitigate the loss of transient occupancy tax, as the property was developed as a residential development in place of a hotel as it was originally contemplated and zoned for zoning.
Motion – A motion was made and seconded by Commissioners Anderson/Mast to receive and file fiscal year 2023/24 budget update report. Motion passed: ayes – 6, noes – 0, abstain – 0, absent – 1 (Mills).
COMMISSIONER WAY LEFT THE MEETING AT 6:00 P.M.
STUDY SESSION – Continued
2. DISCUSS THE 2024 ANNUAL COMMUNITY WORKSHOP AND 2024/25
BUDGET PROCESS
Finance Director Martinez presented the staff report, which is on file in the Finance Department.
The Commission and staff discussed the two additional sessions for strategic planning mentioned at the City’s 2024 Community Workshop, which dates for both sessions are still to be decided. Mrs. Martinez said that as soon as dates are set, they would be shared with the Commission.
DEPARTMENTAL REPORTS – All reports are on file in the Finance Department.
1. FINANCE DEPARTMENT CURRENT AND FUTURE INITIATIVES
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FINANCIAL ADVISORY COMMISSION MINUTES Page 4 of 4 APRIL 3, 2024
SPECIAL MEETING
Commissioner Batavick suggested meetings for the 10-year projection task force, consisting of Commissioners Anderson, Batavick, and Dorsey, not take place until the City’s fiscal year 2024/25 budget has been finalized. Finance Director Martinez said that holding a meeting in May or June would be a great starting point to gather ideas on how the financial projections would be presented.
COMMISSIONERS’ ITEMS
The Commission discussed creating a list of CIP project recommendations for Council’s consideration. Commissioner Batavick said he could meet with staff to create the list of recommendations for the Commission’s discussion and review at the May 8 Commission meeting. The Commission concurred.
Further discussion followed on the City’s historical practices when funding for a CIP project has been over or underestimated.
ADJOURNMENT
There being no further business, it was moved and seconded by Commissioners Batavick/Mast to adjourn this meeting at 6:20 p.m. Motion passed: ayes – 5, noes – 0, abstain – 0, absent – 2 (Mills and Way).
Respectfully submitted,
Jessica Delgado, Administrative Technician/Commission Secretary City of La Quinta, California
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