Contract No. ____________
Exhibit “B”
Health Regulations
Discipline
Child Abuse Prevention
Lost and Found
Media Communication
Pool Water Contamination and Response
Biohazard Disposal
Report Writing
1. The designated shift supervisor oversees the facility and staff.
2. The minimum age for a lifeguard to lifeguard a body of water alone is 16 years of age.
3. Facility may not open to the general public without a minimum of 3 lifeguard certified staff members present.
4. At the start of their shift, all certified staff members must be ready to perform assigned duties.
5. All schedules are posted in their respected offices and emailed to the staff in a timely manner.
6. Deck Lifeguards:
1. During high use times lifeguards will rotate regularly.
2. Lifeguards leaving the deck must perform regular locker room checks.
3. Elevated lifeguard stations shall be utilized as the standard for most lifeguard zones.
a. Ground level stations may be utilized where appropriate. b. Roving stations may not be utilized as a primary surveillance position. Roving stations may be utilized as secondary lifeguards to a zone when necessary.
4. Rescue hip packs must be worn by all trained lifeguards at all times. Packs will be adequately supplied with a resuscitation mask appropriate for adults and a mask appropriate for children, or a universal mask and non-latex exam gloves.
7. Backup Duty Lifeguard:
1. When not needed on deck or to assist customers, Backup Duty Lifeguards shall:
a. check locker rooms for behavior issues or horseplay, b. assist in rendering first aid to injured persons,
c. assist deck lifeguard as needed,
d. or perform cleanup and maintenance activities.
8. If a full complement of staff is not needed, the supervisor on duty may release excess lifeguards from work.
Contract No. ____________
Exhibit “B”
9. No lifeguard will be scheduled to work more than 8 hours in one day.
10. Lifeguards will be trained to complete injury report forms for all injuries to be submitted to the Aquatic Manager.
11. The Aquatic Manager shall notify the City of all required incidents.
12. The Lead Lifeguard is required to check and record pool chemistry every 2 hours.
13. Water chemistry shall be checked in the morning in enough time to adjust chemicals prior to opening to the public.
14. Water chemistry shall be checked at closing and necessary chemical adjustments made prior to staff leaving.
15. All staff will receive communications training, including verbal and non-verbal hand signals, whistle blasts, radio contact, and written communication. Signs and brochures at the front desk communicate safety rules. Management will share information at regular meetings and Supervisors will convey information through inservice trainings or other methods as needed.
16. The concession stand adheres to all Riverside County health codes and regulations.
All staff handling unpackaged food must maintain current Riverside County Food Handler cards and be overseen by a Food Safety Manager. A minimum of one Food Safety Manager shall be on staff during the concession operation.
17. Locker rooms are monitored periodically by lifeguards. No food or drink is allowed in the locker rooms. Towel snapping, running, or rough play is not allowed. Children 5 years of age and older are required to use the locker room of their own sex. Family changing rooms are also available.
18. Any commercial advertisements, press releases, articles, or other media information using the City’s name and/or logos shall be subject to the prior approval of the City.
19. All advertisements at the Aquatic Center are subject to approval by the City.
Financials
The Consultant shall develop and maintain financial procedures, including but not limited to:
Budget development
Payroll
Collections
Reporting
Revenue and expenditure accounting
Monthly reconciliations for all asset and liability accounts
Contract No. ____________
Exhibit “B”
Purchasing
Accounts payable
The Consultant shall keep complete and accurate books of account and will make all records available to the City upon request. Books and records for the PDAC shall be maintained separately from other facilities operated by the Consultant. The Consultant shall maintain accounting books and records for a period of at least three years after the expiration or earlier termination of the Agreement, and the City shall have the right to inspect and audit such books and records during such period.
Financial and daily records shall meet the following criteria:
Record of all sales by means of a cash register, which will display the amount of each sale and automatically issue a customer’s receipt. Beginning and ending cash register readings shall be made a matter of daily record. Entry of each and every Aquatic Center user’s name on entry log.* A total count of Aquatic Center users at the end of each day and reconciliation of fee category totals on cash register detail reports.
Ability to differentiate resident vs. non-resident visits. Maintenance of a daily logbook detailing the number of Aquatic Center users by fee category and total amount of cash collected by fee category. Ability to record and report the number and type of discounts provided. Monthly and annual statements of gross revenues, including a budget comparison, a variance report, and such other customary reports as may reasonably be requested by the City.
*Except non-resident drop-in for recreation and lap swim. Groups or families must provide only the primary/head of household or group lead’s contact information.
Policies
The Consultant will develop and maintain policies and procedures, including but not limited to:
Pool Use and Safety Rules
Lifeguard Policy and Procedure Manual
Equipment Rental Procedures
Facility Rental, Group Use Requirements, and Fee Structure Swim Testing
Signage Standards
Program Development
The Consultant shall develop a program plan to be reviewed and approved by the City.
The Program Plan shall include at a minimum.
Swim lessons
Contract No. ____________
Exhibit “B”
Lap swimming
Arthritis and/or Multiple Sclerosis classes
Red Cross certification courses
Yoga, spin, or other group fitness classes
Water games
The Consultant shall strive to make classes responsive to and/or inclusive to persons with disabilities. A program registration process will be in place.
The Program Plan shall include program attendance goals and shall be reviewed by the Consultant and the City of Palm Desert annually at a minimum.
The PDAC Program Plan may be updated or amended to meet City of Palm Desert goals throughout the contract term. Any changes shall be agreed upon by the City of Palm Desert and the Consultant.
Key Performance Indicators
The Consultant shall gather data on a daily basis to report on required Key Performance Indicators (KPIs). Additional KPIs may be utilized and reported on by the Consultant at the Consultant’s discretion. Any change to the KPI list below must be approved by the City of Palm Desert.
KPIs may include but are not limited to:
Financial Programs Operations
Attendance/Passes
Sold
Member Retention
Concessions
Revenue
Rental Revenue
Swim Lesson
Revenue
Concessions Per
Cap
Program
Attendance
Sessions
Held/Canceled
Rentals Held
Special Programs
Checklist
Compliance
Closures
Incidents
Facility Audit
Results
Pool Chemical
Readings
Customer
Satisfaction
Staff Turnover
Contract No. ____________
Exhibit “B”
Reporting Standards
The Consultant shall regularly report on all required KPIs and topics according to required timelines. Reporting requirements include but are not limited to the items below:
Subject KPI/Topic Reporting Cadence
Monthly Facility Financials Topic Monthly
Attendance/Passes Sold KPI Monthly
Member Retention KPI Monthly
Concessions Revenue KPI Monthly
Rental Revenue KPI Monthly
Swim Lesson Revenue KPI Monthly
Concessions Per Cap KPI Monthly
Program Attendance KPI Monthly
Sessions Held/Canceled KPI Monthly
Rentals Held KPI Monthly
Special Programs KPI Monthly
Checklist Compliance KPI Monthly
Closures KPI Monthly
Incidents KPI Monthly
Facility Audit Results KPI Quarterly
Pool Chemical Readings KPI Monthly
Customer Satisfaction KPI Monthly
Staff Turnover KPI Monthly
Completed Maintenance Topic Monthly
In-service Training
Compliance
KPI Monthly
Staff Recruitment Topic Quarterly
Programs Held Topic Monthly
Upcoming Programs Topic Monthly
Marketing Efforts Topic Quarterly or as needed
Goal Updates Topic Quarterly
The Consultant shall meet with City staff monthly to review operations, KPIs, and other topics. Goals and strategy meetings shall be held on a quarterly basis.
Contract No. ____________
Exhibit “B”
EXHIBIT "B"
SCHEDULE OF SERVICES
The term of this Agreement shall be from NOVEMBER 1, 2023 to JUNE 30, 2029, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 5 additional one-year terms. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
Contract No. ____________
Exhibit “C”
EXHIBIT "C"
COMPENSATION
Year 1 Year 2 Year 3 Year 4 Year 5
Management Fee $264,000 $277,200 $291,060 $305,613 $320,894 5-Year Total $1,458,767
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: October 12, 2023
PREPARED BY: Chris Escobedo, Assistant City Manager
REQUEST: RESOLUTION WITHDRAWING FROM THE RIVERSIDE COUNTY
LIBRARY SYSTEM, ASSUMING THE PROVISION OF LIBRARY
SERVICES IN PALM DESERT, AND INDICATING ITS INTENT TO
ESTABLISH AN INDEPENDENT MUNICIPAL LIBRARY - BUDGET
APPROPRIATION AND TRANSFER
RECOMMENDATION:
1. Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, WITHDRAWING FROM THE RIVERSIDE COUNTY
LIBRARY SYSTEM, ASSUMING THE PROVISION OF LIBRARY SERVICES IN THE CITY
OF PALM DESERT, AND INDICATING ITS INTENT TO ESTABLISH AN INDEPENDENT MUNICIPAL LIBRARY.”
2. Appropriate a total of $1,321,527 to Library Account Fund (252) in the respective accounts listed below.
3. Authorize transfer of $1,321,527 from unobligated General Fund Reserves to Library Services Account Number 2520000-391000.
BACKGROUND/ANALYSIS:
The City is currently part of the Riverside County Library System, a county-free library system established pursuant to the Education Code. The following is a timeline of recent events relative to library services:
April 4, 2023 - Parks and Recreation Committee established a subcommittee to study issues related to library operations.
May 2, 2023 - Parks and Recreation Committee made recommendations to the City Council including enhancing levels of services or taking over the management of the library. May 11, 2023 - Recommendations were presented to the City Council which directed City staff to research the option of assuming complete control of the Palm Desert Library and operating it as a municipal library.
June 8, 2023 - City Council voted to form a Library Taskforce to provide community input into the process.
June 22, 2023 - City Council received a presentation and research updates from City staff, after which the City Council unanimously voted to endorse the formation of a City of Palm Desert municipal library.
City of Palm Desert
Resolution Withdrawing from the Riverside County Library System
California Education Code requires the City Council to formally adopt the attached resolution, which is then sent to the County Board of Supervisors and California State Board of Equalization.
As required by the Education Code, notice of the City’s intent to withdraw from the Riverside County Library System has been published once a week for two successive weeks. City staff have been working with County staff in negotiating the terms of withdrawal. This includes finalizing the anticipated annual revenue amount, assuming the County’s lease of the library building and agreement on the personal property within the library. The City will assume operations July 1, 2024, and has recently hired a Director of Library Services to assist the City in getting ready to operate a municipal library next year.
The City’s Library Taskforce has established subcommittees, engaging in site location review for a future City-owned library, and has been involved in the recruitment of the new Director of Library Services. Staff will be bringing on board a consultant team to assist in developing service levels, staffing models, and incorporating best practices in the creation of the new municipal library.
Legal Review:
This report has been reviewed by the City Attorney’s office and staff worked with the City Attorney’s office in drafting the attached resolution.
FINANCIAL IMPACT:
Beginning July 1, 2024, the City will begin receiving a negotiated $2.6 million in annual property tax and redevelopment pass-thru revenue. These funds will be redirected to the City for general services to support the library, in lieu of the County Library. Establishing a budget during the 2023-24 fiscal year will allow the City to begin the transition of staffing and procurements needed to assume full operations next fiscal year.
FY 2023-24
Proposed Budget
Account
Number
Library
Services
Salaries-Full Time 252-XXXX-4100100 601,015
Salaries-Part Time 252-XXXX-4100101 250,000
Salaries-Overtime 252-XXXX-4100200 -
Retirement Contribution 252-XXXX-4111500 118,970
Medicare Contrb-Employer 252-XXXX-4111600 13,049
Retiree Health 252-XXXX-4111700 11,445
Ins Prem - Long Term Disab. 252-XXXX-4112000 4,449
Ins Prem - Health 252-XXXX-4112100 150,000
Ins Prem-Dental/Vision 252-XXXX-4112200 12,080
Ins Prem - Life 252-XXXX-4112400 1,519
Office Supplies 252-XXXX-4225200 1,000
Prof - Other 252-XXXX-4309000 150,000
Conf- Seminars- Workshops 252-XXXX-4312000 2,500
Local Meetings 252-XXXX-4312500 500
Printing / Duplicating 252-XXXX-4361000 2,500
Subscriptions/Publication 252-XXXX-4362000 500
Dues 252-XXXX-4363000 1,000
Telephones 252-XXXX-4365000 1,000
City of Palm Desert
Resolution Withdrawing from the Riverside County Library System
1,321,527
ATTACHMENTS:
1. Resolution
2. Public Hearing Notice
RESOLUTION NO. 2023-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, WITHDRAWING FROM THE
RIVERSIDE COUNTY LIBRARY SYSTEM, ASSUMING THE
PROVISION OF LIBRARY SERVICES IN THE CITY OF PALM
DESERT, AND INDICATING ITS INTENT TO ESTABLISH AN
INDEPENDENT MUNICIPAL LIBRARY
WHEREAS, the City of Palm Desert is currently part of the Riverside County Library System, a county-free library system pursuant to Education Code section 19100 et seq. (“RCLS”); and
WHEREAS, at its meeting on April 4, 2023, the City’s Parks and Recreation Committee established a subcommittee to study issues related to library operations; and WHEREAS, at its meeting on May 2, 2023, the Parks and Recreation Committee made recommendations for City Council consideration including that the City provide enhanced services for the upcoming year, take over the management of the library, and potentially assume the County’s lease of the library building, or alternately purchase the portion of the library building occupied by the Desert Community College District; and WHEREAS, the City Council received the Parks and Recreation Committee’s recommendations at a Study Session on May 11, 2023, during which the City Council directed City staff to research the option of assuming complete control of the Palm Desert Library and operating it as a municipal library; and
WHEREAS, at its regular meeting on June 8, 2023, the City Council voted to form and appoint a Library Taskforce; and
WHEREAS, at its regular meeting on June 22, 2023, the City Council received a presentation and research updates from City staff regarding options for enhancing services at the Palm Desert Library, after which the City Council unanimously voted to endorse the formation of a City of Palm Desert municipal library; and WHEREAS, the City of Palm Desert desires to withdraw from the Riverside County Library System; and
WHEREAS, as required by California Education Code Section 19106, the City of Palm Desert published once a week for two successive weeks, in a newspaper designated by the City circulating throughout the City, notice of the City’s intent to withdraw from the Riverside County Library System, assume the provision of library services in the City, and establish an independent municipal library, and such notice provides the date and place of the meeting at which these contemplated actions are proposed to be taken; and
WHEREAS, on October 12, 2023, the City Council of the City of Palm Desert held a public hearing on the matter of withdrawal from the Riverside County Library System and intention to establish an independent municipal library; and WHEREAS, as required by California Education Code Section 19116, the City is authorized to withdraw from the Riverside County Library System and assume responsibility for providing public library services by notifying the Board of Supervisors of Riverside County that the City no longer desires to be a part of the county free library system and indicating whether the City intends to acquire property pursuant to subdivision (c) of California Education Code, Section 19116; and
WHEREAS, the City Council desires to withdraw from the Riverside County Library System as of July 1, 2024, or upon the transfer of any property, whichever is later, and to provide library services directly to the public as a municipal library.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows:
Section 1. That the above recitals are true and correct and are incorporated herein by this reference.
Section 2. The City Council of the City of Palm Desert hereby approves the withdrawal from the Riverside County Library System and determines and directs that City staff notify the Board of Supervisors of Riverside County that: a) the City no longer desires to be part of the county free library system, b) the City desires to assume the County’s lease with Desert Community College District of the library building and to acquire all mutually agreed upon personal property within, c) as of July 1, 2024, or upon the transfer of property, whichever is later, the City of Palm Desert will withdraw from the Riverside County Library System and shall assume the responsibility for the provision of library services within the City’s jurisdiction, and d) the City requests that the County shall take all necessary actions to redirect to the City, effective July 1, 2024, residual property tax funds and pass through funding pursuant to the Education Code and to redirect such funds to the City annually thereafter.
Section 3. The City Council hereby directs staff to begin negotiations with the County, regarding the lease of the library building and contents, the transfer of funds for library operations, and the drafting of an agreement regarding these and all related matters, including the unwinding of previous agreements related to the library, in accordance with California Education Code, Section 19116.
Section 3. The City Council hereby expresses its intent to establish an independent municipal library and directs staff to take all necessary steps and actions in order to effectuate the transition of the Palm Desert Library from the Riverside County Library System to a municipal library.
Section 4. This Resolution shall take effect immediately upon adoption.
Section 5. The City Clerk shall certify passage of this Resolution.
ADOPTED ON ________________, 20__.
KATHLEEN KELLY
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2023-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________, 20__.
ANTHONY J. MEJIA
CITY CLERK