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HomeMy WebLinkAbout1997-10-27 City Council2 City of Palo Alto C ty Manager’s Report TO:HONORABLE CiTY COUNCIL FROM:CITY MANAGER DEPARTMENT: CommunityServices DATE:OCTOBER 27, 1997 CMR: 424:97 SUBJECT:APPROVAL OF AMENDMENT NO. 1 TO AGREEMENT NO. $8097109 BETWEEN THE CITY OF PALO ALTO AND SKYHAWKS SPORTS ACADEMY TO INCREASE COMPENSATION AUTHORITY FOR OPERATING SUMMER SPORTS CAMP PROGRAMS RECOMMENDATION: Staffrecommends that Council authorize the Mayor to,execute an amendment to the contract with Skyhawks Sports Academy (Skyhawks) for $27,354, for summer sports camp programs. This request will increase total contract funding from $100,000 to $127,354. EXECUTIVE SUMMARY The City contracted with Skyhawks in June 1997, to conduct summer sports camps for the Recreation Division (CMR:274:97). Skyhawks was compensated based on a percentage of the revenue generated from participant registrations processed by the City. The nature of the contract was such that staff could only estimate the amount that would be spent to recompense Skyhawks for its work during the year. The actual amount paid was determined by the number of children who were registered for the camps and by Skyhawks’ success in conducting the camps. The sports camps operated by Skyhawks were very successful during the Summer of 1997; the total number of participants enrolled and the revenue generated increased approximately 24 percent over the previous summer. The increase in demand resulted in the original contract authority for compensation of $100,000 being fully exhausted after three months. Staff has determined that additional contract authority of $27,354 will be required to CMR:424:97 Page 1 of 2 complete the agreement with Skyhawks, and is requesting Council’s approval of a contract amendment to compensate Skyhawks accordingly. The total contract authorization would be $127,354, if the amendment is approved. FISCAL IMPACT The Department of Community Services has sufficient funds budgeted for this contract; therefore, a Budget Amendment Ordinance is not required. The increase of $27,354 in contract cost for Skyhawks will be offset by an approximate increase in revenue of $40,000. POLICY IMPLICATION This report does not represent any change to existing City policies. ENVIRONMENTAL ASSESSMENT This amendment to the agreement does not constitute a project under the California Environmental Quality Act. Therefore, no environmental assessment is needed. ATTACHMENT Amendment to Agreement APPROVAL"-~DEPARTMENT HEAD PAUL THILTGEN Director of Community Services CITY MANAGER APPROVAL: EMILY HARRISON Assistant City Manager CMR:424:97 Page 2 of 2 October 7, 1997 City of Palo Alto Department of Community Serzqces Skyhawks Sports Academy P.O. Box 18529 Spokane, WA 99208 Recreation, OpenSpace& Sdences Division - RE: Amendment to Agreement $8097109 BY THIS SUPPLEMENTAL AGREEMENT made and entered into on the ~ day of October, 1997, by and between the City of Palo Alto (City) and Skyhawks Sports Academy (Contractor), in consideration of their mutual covenants, the parties hereto agree as follows: Compensation:The total amount of this contract shall be increased from $100,000 to $127,354 for services provided under City Agreement $8097109 for the period ending June 30, 1998. All other terms of compensation are not changed. The City shall pay contractor $66.00 per participant in each soccer, baseball, basketball, and roller hockey camp, $63.00 in each Minihawk camp; and 70% per participant in Pre an& Post Camp programs, based on resident fees. The General Terms and Conditions of the Agreement $8097109, dated June, 1997 remain in effect and unchanged. CONTRACTOR BY TITLE IRS Number 91-1549581 CITY BY TITLE Lucie Stem Center 1305 Middlefield Road Palo Alto, CA 94301 415.329. 2261 415.321.5612Fax BY THIS AGREEMENT MADE AND ENTERED INTO ON THE DAY OF BY AND BETWEEN THE CITY OF PALO ALTO "CITY", ANDSkyhawks Sports Academy ,a (ADDRESS) P. O. Box 18529 (Cl~)Spokane Washinq~)99208 [DATE TO BE ENTERED 19~ [BY CiTY PURCHASING (PH0~-232-4520 "CONTRACTOR" ~N CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: ¯ CONTRACTOR SHALL PROVIDE OR FURNISH THE FOLLOWING SPECIFIED 1) GOODS AND MATERIALS, 2) SERVICES OR 3) A COMBINATION THEREOF AS SPECIFIED IN THE EXHIBITS NAMED BELOW AND ATTACHED HERETO AND ~NCORPORATED HEREIN BY THIS REFERENCE: TITLE: (DESCRIPTION) Contractor to provide instructors to teach soccer, baseball, mini-hawks, roller hockey, basketball and extravaganza camps through the Recreation Division during the period end- ing June 30, 1998 according to a schedule developed by the City and approved by the Contractor. The City shall provide fields and facilities suitable for safe and fun camps. Contractor agrees t comply with all applicable City policies. Contractor and City to share all promotional efforts. The City must approve all promotional flyers and brochures and affix ~he "running man" logo, pri¢ to o t tlon and wlll provlde contractor with the number of students ~n each class. Contractor will tak~ "roll" and confirm registration numbers. All class fees are to be received by the City and paid to the Contractor according to the compensation schedule below. Contractor is responsible for insuring that instructors have cur gative TB certificates.¯ ff~ta~ THE SERVICES AND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON July 1~ ] 997 ANDSHALLBECOMPLETEDBEFORE J~e~u~, I~0 ’ COMPENSATION FoR THE FULL PERFORMANCE OF THIS AGREEMENT: ~ CITY SHALL PAY CONTRACToR:FOr each participant in soccer, baseball, basketball camp, the City will payS66.00. and roller hockey [] CONTRACTOR SHALL PAY CITy: FOr each participant in Mini-Hawks camp, the For each particpant in pre or post camp, thePAYMENT RECORD (DEPARTMENT USE REVERSE SIDE)pre or post camp fee. CITY ACCOUNT NUMBER: City will pay $63.00 City shall pay 70% ofthe KEY CODE OBJECT PROJECT PHASE NO. t DOLLAR AMOUNT 02818403 ~ 3107 98119 999I i00,000.00 GENERAL TERMS AND CONDITIONS ARE INCLUDED ON BOTH SIDES OF THIS AGREEMENT. THIS AGREEMENT SHALL BECOME EFFECTIVE UPON ITS APPROVAL AND EXECUTION BY CITY. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY, MONTH, AND YEAR FIRST WRIT[EN ABOVE. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its Council Members, officers, employees, and agents from any and all demands, claims or liability of any nature, includ{ng wrongful death, caused by or arising out of CONTRACTOR’S, its officers’, directors’, employees’ or agents’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which the law imposes strict liability on CONTRACTOR in the performance of or failure to perform this agreement by CONTRACTOR. ENTIRE AGREEMENT, This agreement and the terms and condition$ on the reverse hereof represent the entire agreement between the parties with respect to the purchase and sale of the goods, equipment, materials or supplies or payment for services which may be the subject of this agreement. All prior agreements, representations,statements, negotiations and undertakings whether oral or written are superseded hereby. PROJECT MANAGER AND REPRESENTATIVE FOR CiTY NAME Greg Betts COJ~TRA~TO R DEPT Community Services Recreatio~TITL~resldent P.O. BOX 10250 PALO ALTO, CA 94303 Telephone 415-617-3112 SOCIAL SECURITY OR I.R.S. NUMBER 91-1549581 INVOICING SEND ALL INVOICES TO THE CITY, ATTN: PROJECT MANAGER CITY OF PALO ALTO APPROVALS: (ROUTE FOR SIGNATURES ACCORDING TO NUMBERS IN APPROVAL BOXES BELOW) CITY DEPAR~INLE~T ,q~ Funds Have Been FINANCE / /~ Budgeted IF ¢:~R *5,e~, I~=QUtRES CIT-~Y~MANAGER’S SIGNATURE CITY OF PAL0 ALTO BY:CITY MANAGER CPA 02782 RETA’,N GREEN CC~Y RISK MANAGER PURCHASING & CONTRACT ADMINISTRATION (3) (4) IF OVER $25,000, REQUIRES MAYOR AND CITY ATTORNEY SIGNATURES A]~EST:APPROVED AS TO FORM: BY:MAYOR CiTY CLERK CONDOR CITY ATTORNEY REV. 10 95