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1996-06-17 City Council (56)
TO: FROM: City of Palo Alto HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: Community Services 1 AGENDA DATE: June 17, 1996 CMR: 309:96 SUBJECT:Contracts for Recreation Programs and the Use of Palo Alto Unified School District Facilities REOUEST This report requests Council approval of recreation program contracts that are revenue producing and generate a profit for the City. Programs continue to expand as participation increases. Although staff continues to investigate the market in the Mid-Peninsula area, staff is aware of no other persons or groups with the specialized skills and knowledge to provide these specific services. Approval is also requested of the annual Palo Alto Unified School District contract for use of school facilities to conduct recreation programs. RECOMMENDATIONS Staff recommends that Council approve and authorize the Mayor to execute the attached agreements to provide revenue-producing recreation programs on a contract basis, and for the use. of Palo Alto Unified School District facilities for certain recreation programs. POLICY IMPLICATIONS This report does not represent any change to existing City policies. EXECUTIVE SUMMARY The Recreation Division utilizes many contractors who provide a variety of services and programs for the community. Fees for these programs are reviewed and approved by the City Council. Should registrations for any of these programs fall short of the minimum required enrollment, the activity will be canceled. Any fee collected for canceled activities will be returned to registrants, with no payment to the contractor. Contracts that require Council approval are listed below: Peninsula Sports Officials Association - $29,000 The Peninsula Sports Officials Association is the only adult sports officials association available for the Palo Alto area. CMR:309:96 Page I- of 3 The Peninsula Sports Officials Association schedules all the umpires and officials for the adult softball leagues that play year-round. Team registration fees cover the costs of the officials and umpires. During the year, 120 teams register to play in City leagues. Annual revenues to the City in this program exceed $55,000. John Whitlinger Tennis - $35,000 John Whiltlinger Tennis is the only contractor available that offers the size and teaching approach desired by our customers. John Whitlinger Tennis provides instructors for tennis classes conducted throughout the year. The estimated annual number of class registrants is 800. Annual revenues to the City in this program exceed $40,000. Niel Berquist - $35,000 - Gymnastics West Gymnastics West is the only vendor who will bring instructors to City facilities to teach the classes. Niel Berquist provides instructors for gymnastics and related classes conducted during the year. This program has grown in recent years. Program participants are expected to exceed 750 during 1996-97. Annual revenues to the City in this program exceed $45,000. Skyhawks Sports Academy - $96,000 Skyhawks provides and compensates instructors for a variety of Sports Camps conducted during the summer. No other contractor offers the range of offerings provided by Skyhawks Sports Academy. This program has grown tremendously in the past two years. Program participants are expected to exceed 700 during 1996-97. Annual revenues to the City in this program exceed $115,000. Palo Alto Unified School District - $26,355 - Facility Rental This agreement provides for the City’s rental of District facilities to conduct City recreation programs. The Recreation Division uses Palo Alto Unified School District facilities year-round for programs that include youth and adult sports, gym programs and special classes. This agreement includes rental of the Gunn, J.L. Stanford and Jordan swim pools for summer programs, and gymnasiums at Gunn, J.L. Stanford, Jordan and Palo Alto for youth and adult sports. FISCAL IMPACT Approval of this recommendation will authorize the appropriation of the funds for Recreation Program Contracts. Funding for the contracts is included in the proposed 1996-97 budget. ENVIRONMENTAL ASSESSMEN~_T Adoption of the attached contracts is not subject to the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines. CMR:309:96 Page 2 of 3 ATTACHMENTS, Agreement with Peninsula Sports Officials Association Agreement with John Whitlinger Agreement with Niel Berquist Agreement with Skyhawks Sports Academy Agreement with Palo Alto Unified School District Prepared By:Daniel B. Williams, Director of Recreation Open Space and Sciences Department Head Review: PAUL THILTGEN Director of Community Services City Manager Approval: er CMR:309:96 Page 3 of 3 AGREEMENT N.o. ~*DATE TO BE ENTEREDBY THIS AGREEMENT MADE AND ENTERED INTO ON THE DAY OF 19__ [BY CITY PURCHASING BY AND BETWEEN THE CITY OF PALO ALTO "CITY", AND ~l’tS Officials Assoc. (PSOA) a (ADDRESS) p_~. Bn~ q47 (ClT~ Redwood City (ZIP)94064 (PHONE) 343-8129 "CONTRACTOR" IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: ( 415 ) ¯ 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 AT[ACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE: TITLE: (DESCRIPTION) Schedule and provide umpires for City of Palo Alto Recreation Softball Leagues. Contractor shall ensure that umpires, at their own expense, register with the Amateur Softball Association which shall provide the umpires with liability insurance. Contractor shall obtain Local officials Association Insurance from the Amateur Softball Association. Contractor’s schedule of umpire assignments shall be provided to the City two weeks prior to assignments and subject to approval by the City. Contractor shall ensure that umpires comply with current Peninsula Sports Officials Association By-Laws. EXHIBITS THE FOLLOWING ATTACHED EXHIBITS HEREBY ARE MADE PART OF THIS AGREEMENT: "A"Peninsula Sports Officials Association By-Laws "B"Peninsula Sports officials Association Letter re ASA "C"Accord Corp. Certificate.of Insurance - Assoc . ¯ffE~ ~s~s certificate of Insurance - umpiresAND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON AND SHALL BE COMPLETED BEFORE June 30, 1997 July i, 1996 ® COMPENSATION FOR THE FULL PERFORMANCE OF THIS AGREEMENT: For umpires scheduled and provided by contractor, contractor shall be ~ompensated 19.25 - 25.25 per game ~Cl~ SHALLPAYCONTRACTOR:per each umpire provided, as set forth in the PSOA By-Laws. Contractor shall bill the City every two weeks and shall be solely responsible ] COMTm^mT~meUALLp^v~,~.for compensating the umpires.. Contractor understands and agrees tha~, ...................in the event program revenues are affected by a City Council declare~ emerqencv, compensation of contractor shall 5e adjusted accordingly.r~ilVl=B/ ~=~U~U (DEPARTMENT USE~EVERSESIDE) CITY ACCOUNT NUMBER: KEY CODE OBJECT I PROJECT PHASE NO. DOLLAR AMOUNT 02818393 3107I 98107 999 29,000 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 WRITI’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, including wrongful death, caused by or arising out of CONTRACTOR’S, its officers’, directors’, employees’ or agent~gligent 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 pe~ this agreement by CONTRACTOR. ENTIRE AGREEMENT. This agreement and the terms and conditions on the reverse hereof represent the entire agreement between thLq:mrties witt~s~ peLt to the purchase and sale of the goods, equipment, materia.ls or supplies or payment for services which may be the subject of. this agreementi~----~l~ior agree-’r~ents, representations, statements, negotiations and undertakings Whether oral or written are superseded hereby. PBOJECTMANAGER AND REPRESENTATIVE FOR CITYAnnabell Holland CONT4’~AOTOR NAME BY (] ,J.o. seph G~ig~.s DEPT.TITLE umplre-ln-Mniez SOCIAL SECURITY OR I.R.S. NUMBER Recreation/Ste~n Center P.O. BOX 10250 PALO ALTO, CA 94303 Telephone ®INVOICING SEND ALL INVOICES TO THE CITY, ATTN: PROJECT MANAGER CITY OF PALO A~O APPROVALS: (ROUTE FO~ SIGNATURES ACCORDING TO NUMBERS IN APPROVAL BOXES BELOW) CITY DEPARTMENT [--V~, unds Have Been FINANCE RISK MANAGER // PURCHASING & CONTRACT ADMINISTR/~T)b~~ Budgeted /~i ~{~/~ .... IF OVER S5,000, REQUIRES CITY MANAGER’S SIGNATURE IF OVER $25,000, REQUIRES MAYOR AND CI~ A~ORNEY SIGNATURES CI~ 0F PAL0 ALTO A~EST:APPROVED AS T0 FORM: BY: BYCITY MANAGER MAYOR CITY CLERK CITY ATTORNEY :~A02782 c---~_, , ~:--_--_,. ~’. ~"-’ --- ~EV EXHIBIT B PENINSULA SPORTS OFFICIALS ASSOCIATION Post Office Box957 ~ Redwood City, CA94064 City of Palo Alto May 11, 1996 Dear Sirs: This letter certifies that all the umpires who work the Palo Alto Adult Softball program are registered as Amateur Softball Association umpires for the 1996 Season. All umpires must be registered before they are allowed to work. The insurance carrier is sending me all the backup for the above information. As soon as I receive it I will pass it on to your office. For your information all of your teams are registered with ASA. All ASA registered teams must have ASA registered umpires do their games. If ;you have any further questions please call me. Sine Joe Umpire-In-Chief 415-343-8129 Iscpa To: From: Request for Sole Source MEMORANDUM (Purchases in excess of $5,000) Contract Administration Ken Haskins, Manager Community Services; Recreation, Open Space & Sciences (Department/Division) Annabell Holland - Recreation Supervisor (Requestor) Sole Source Request For the Purchase of: Officials for Adult Softball Peninsula Sports Officials AssociationRequested Supplier/Vendbr: Address:?_o. Rc~x g57: W~=c]wn¢~¢] ~_~.v: CA 94064 Contact:Joe c.r~ _~_~s Phone PEID #Cost Est.$ 29t000 Purchase Requisition # JUSTIFICATION: The following sole source justification has been written according to the Purchasing Manual’s Procedure PA-158 issued 12/94. As a minimum justifications should include: Detailed description of why this meets sole source criteria, see PA-158 (Purchasing Manual). The actions taken by the department/division to search for the product or service and what will be done to ensure competitive pricing. Any reports (verbal or written) prepared by the department/division during the research for available products/services. Expected length of contract. Last date a proposal or bid was received. Peninsula Sports Officials Association (PSOA) provides officials for basketball,’ softball, hard ball. and volle~ Sole Source Decisions: Attachment to PA-158 (Purchasing Manual - Rev.12/94)Page 1 Request For Sole Source (Justification Continued) and parts of Santa Clara County, available to the Palo’Alto area. City of Palo Alto PSOA is the only officials organization PSOA provides officials for Palo Alto ~ecreation and has done so for over six years with qood evaluations. .... the Citv of Palo Alto Recreation. [] Continued (Page Attached) Department Approval: Requesting Division Head/Supervisor Approval of Department Head Date: Date: Purchasing Approvals: Manager Contract Administration Date: City Manager Approval: Date: Sole Source Decisions: Attachment to PA-158 (Purchasing Manual - Rev.12/94)Page 2 INDEX FOR THE BY-LA WS NAME ITE____M_M PAGE ALCOHOL 34 A TTEND CLINIC 19 CANCELLATIONS 6 CHARGE FOR DINNER 37 COUNT, BALL &STRIKES 24 DINNER 14 DUES 5 E VAL UA TIONS 7 FORFEITED GAMES 11 FOUL BALL RULE 27 GRIEVANCES 7 MISSING ASSIGNMENTS 20 NO CITY REPRESENTATIVE 30 NO UMPIRE PRESENT 28 ONE MAN GAMES 9 OUT OF UNIFORM 15 PAYMENT ERROR 3 PAY PERIODS 40 PAY SCALE 39 PLAYERS 26 PLAYER THROWN OUT 29 PLAYING TIME LEFT 32 PLA YOFFS 21 PROBATION 12 PROTESTED GAMES 13 RAINOUTS 22 REGIONAL &NATIONAL EXP 38 ROOKIE UMPIRE 18 SCHEDULING PROBLEM 10 STARTING TIME 25 TIME LIMIT 23 UMPIRE THROWN OUT 33 UMP BERATE FELLOW UMP 36 UNIFORM 16 WEARING UNIFORM PLAYING 35 5 4 3 5 5 4 3 3 3 5 3 4 5 5 3 4 3 6 6 5 5 5 4 3 3 4 5 4 3 5 4 5 5 4 5 ALL THE OFFICIAL’S IN THE PSOA ARE INDEPENDENT CONTRACTORS. THE OFFICIAL AGREES THAT THE PSOA DOES NOT GUARANTEE SPECIFIC ASSIGNMENTS OR SET NUMBER OF GAMES. THE OFFICIAL SETS HIS/HER OWN SCHEDULE OF AVAILABILITY. THE OFFICIAL ASSUMES SOLE RESPONSIBILITY FOR ANY TAXES. THE OFFICIAL MAY TERMINATE THIS AGREEMENT AT ANY TIME. CONTRACT IS ATTACHED TO END OF BY-LA WS. page 2 PENINSULA SPORTS OFFICIALS ASSOC INC P.O. BOX 957, REDWOOD CITY, CA 94064 BY-LAWS 1996 SEASON 1. The Peninsula Sports Officials Association Inc service 15 cities.The association will service Redwood city, San carlos, Belmont, Brisbane, San MateD, Foster City, Daly City, Millbrae, Burlingame, Half Moon Bay. San Bruno, So. San Francisco, Pacifica, Menlo Park, Paid Alto. 2. OFFICERS ARE: P~RESIDENT/q_IC - Joe Gd,qqs (NOW ONLY, ONE).,343-8129 DEPUTY UIC- Do, on,G,!,ov, a, nnett,i 873-312_5 ~EPUTY, oUIC.,; Pete Sakelarios 365-567~ ~EC/TREAS - Bernie Pulver 345-5377 ,BOARD MBR - Howard McGee (510) 651-0721 BOARD MBPJASSI,GNOR - Rocky Pettit 968-9645_ .B..OARD MBR :.Dick Koumarian 755-7908 BOARD MBR - OPEN FOR VOTE 3. PAYMENT ERROR: Any error in payment must be checked out with the Assignor for the city you worked in. 4. EDUCATION DIRECTOR: Pete Sakelarios, will report directly to President. 5. DUES: Association dues are 20.00 and ASA dues 15.00 for the 1996 Season. NO ONE WILL WORK UNTIL THESE DUES ARE PAID 6. CANCELLATIONS: The assignor will be responsible only for cancellations that are written or phoned direct ~o the assignor no later than 48 hours of the scheduled games. CANCELLATIONS WILL BE ACCEPTED AT THE FIELD IN WRITING. 7. GRIEVANCES: All grievances must be in writing and mailed direct to the DEPUTY UIC. 8. CLINICS: All umpires, and tho~e who wish to umpire, must attend all clinics for the type of softball you wish to umpire. Fast, High School Fast, Modified, and Slow Pitch are each separate levels. Umpires who do not attend all the clinics required, will only receive assignments according to association need. 9. ONE MAN GAMES: Umpires working one man games will work behind the plate. 10. SCHEDULE PROBLEM: Any umpire who continues to disagree with the schedule or type of games to the assignor will be subject to suspension. 11. FORFEIT GAMES: FORFEITED GAMES WILL NOT BE WORKED. (You are not insured) 12. PROBATION: Any new member will spend one season on probation. At any time during this period the new member may be dropped from the Assoc without prejudice or provocation by action of the Board. No fees will be refunded. 13. PROTESTED GAMES: Protested games where the protest is upheld will find the original umpires obligated to finish the game WITHOUT FURTHER PAY. If the original umpires are not available new umpires will be assigned the replayed games. Full game fee will be deducted from the original umpires to pay the replacement umpires. page 3 14. DINNER: Any umpire who notifies the Annual Dinner Chairperson that they will attend and then does not show up will pay the Assoc the going expense for each person that they informed the Chairperson would be coming(maximum of $25.00 for 1996). 15. OUT OF UNIFORM: Any umpire caught out of uniform or has an unkept or dirty uniform will be given a LETTER OF WARNING for the 1st violation and FINED one game for each violation thereafter. 16. UNIFORM: The proper uniform will consist of: black shoes, black laces, ASA cap, black or navy blue socks, "elbeco ASA shirt, ASA jacket, navy blue slacks, ASA blue ball bag, indicator and broom. (Broom must be kept out of sight when not in use) Approved ASA shorts and socks may be worn in LEAGUE PLAY ONLY. In 2 umpire games, if one umpire has long pants and one has shorts, the LONG PANTS WILL PREVAIL. If you wear a T-Shirt, it must be white. If you wear a turtleneck, it must be navy blue. Refer to umpire manual. 17. EVALUATIONS: All new and 1st or 2nd year umpires will be evaluated during the 1st part of the season. Evaluations will be sent to the umpire. 18. 1ST YEAR UMPIRES: 1st Year Umpires (umpires who have never work softball or in the judgement of the UlC would be considered a 1st year umpire) will be paid 1.00 less than the pay scale listed for the current season. 19. ATTEND CLINICS: All vet umpires must attend the 1st and last meeting and at least one of the clinics which is held on 3 different saturdays. PENALTY: LOSS OF ASSIGNMENTS FOR 1ST 2 WEEKS OF THE SEASON. 20. MISSING ASSIGNMENTS: ANY UMPIRE WHO WORKS ALONE BECAUSE THE OTHER UMPIRE DID NOT SHOW WILl BE PAID DOUBLE FOR EACH GAME WORKED. ANY UMPIRE WHO DOES NOT GIVE THE ASSIGNOR 48 HOURS NOTICE OF INTENT TO CANCEL WILL BE FINED THE FULL GAME FEE IF A REPLACEMENT CANNOT BE FOUND. IF IN THE JUDGEMENT OF THE UlC THE REASON FOR CANCELING IS INSUFFIENT, THE FINE WILL STAND WHETHER A REPLACEMENT IS FOUND OR NOT. ANY UMPIRE WHO DOES NOT INFORM THE ASSIGNOR OF THE INTENT TO CANCEL AND DOES NOT MAKE THEIR ASSIGNMENTS, WILL BE FINED THE FULL GAME FEE PLUS 17.50 ASSOC FEE. THE UMPIRE MAY ALSO BE SUSPENDED~. CANCELLATION ,OF GAMES WILL BE HANDLED BY THE ASSIGNOR ONLY. ANY DEVIATION MAY BE SUBJECT OF SUSPENSION. REVIEW THE NEXT THREE (3) ITEMS CLOSELY 21. PLAYOFFS: All playoff games except the Championship game will have a 12 run rule after 5 innings. No time limit for playoffs. CHECK CITY RULES!! 22. RAINOUTS: An umpire will get full pay for any part of a game that is rained out. The umpire will not receive pay if the assignor has informed the um~oire of the rainout. 23. TIME LIMIT: All 2 or 3 game nights will have a max time limit of 1 hour and 10 minutes unless the game is tied. Some cities have a I hour 5 minute time limit and some do not allow ties, All one game nights will have a max time limit of 1 hour and 10 minutes. Check with scorekeeper on rules. page 4 24. COUNT: 3 ball and 2 strike count will be used for slow pitch games for all cities. The 4-3 count will be used in ASA Championship Tournaments. 25. STARTING TIMES: Most 3 game nights will start at 6:30 (6:15 in Millbrae) A 10 minute fodeit time will be allowed for night.games that start before 6:30. 26. PLAYERS: All cities permit a team to start and end with 8 players. (7 players in Menlo Park) 27. FOUL BALL RULE: Foul ball rule wl’ll be one strike and 2 fouls or 3 fouls and you are out. 28. NO UMPIRES PRESENT: The assoc will be liable for any expenses the city incurs for any scheduled games that the umpires do not show. These expenses will be deducted from the umpires future paycheck. 29. PLAYER THROWN OUT: Umpires must inform the scorekeeper of any player thrown out of a game for whatever reason. The umpire should call the city involved and explain the reason the player was thrown out and if requested write a report and submit to the city with a copy to the UIC of dlv involved. Also call UIC. 30. NO CITY REPRESENTATIVE: Games will not be played without a scorekeeper or a city rap at the field. The umpires are to WAIT AN EQUIVALENT OF ONE GAME IF STILL NO ONE SHOWS UP, TAKE OFF. The umpires will be paid for as many games that are scheduled. If the rep shows up within 15 minutes of the scheduled qame, the qame will be played. Later than 15 minutes, cancel that ~qame and play the remaining games at their scheduled times. 31. ~OURNAMI~NTS: The assoc will cover only tournaments which request 2 umpires per games. Exception: The Senior Tournaments. 32. PLAYING TIME LEFT: Umpires must inform both teams when there is only 5 minutes of playing time remaining. 33. UMPIRE AS PLAYER THROWN OUT: Any umpire who plays for a team and is thrown out of a game will suffer the same suspension from umpiring as the suspension given to the umpire by the city involved. 34. ALCOHOL: Any umpire observed drinking alcoholic beverages before or between games or who has alcohol on his/her breath or who is under the influence will be suspended for a minimum of 30 days, Depending upon the sevedty of the situation, the umpire may be suspended for the entire season. This rule will be enf0med by the UIC judgement. The umpire may appeal to the Board or full membership. 35, WEARING UNIFORM WHILE PLAYING: Any umpire wearing any part of his uniform that Identifies him/her as such while playing or coaching will be ejected from the game if he/she refuses to remove same. 36. UMPIRE BERATE FELLOW UMPIRE: Any umpire who berates the fellow umpire while working or while watching a game as a spectator or player will be subject to suspension, 37. CHARGE FOR DINNER: All umpires and one guest will be admitted free to our Annual Dinner. All other guests will be charged 25.00 each. (Exception: Guests invited by the Assoc.) 38, REGIONAL OR NATIONAL EXPENSES: Any umpire who works in Regionals will receive up to 200.00 for expenses. Any umpire who works in an out of the area National will receive up to 300.00. page 5 Slow Pitch: Fast Pitch: 2 or more games with 2 umpires ..... 18.00 1 game with 2 umpires ..............19.50 1 game with 1 umpire ...............22.00 Eymer Girls ........................24.50 High School .......................31.00 for Varsity and 25.00 for JV Junior College ....................38.00 Tournaments: 1.00 more than league play League Playoffs will also pay 1.00 more per game 40. PAY PERIODS: Pay pedods will be as soon as the cities pay. Usually once a month. 4 I. ASA RULE TEST: The ASA rule test is to be tinned into Joe Griggs prior IO any assignments given. If an umpire fails to obtain a scorn of 80% they. must correct the test by placing the rule number and page number in the rule book on the on the corrected answer sheet. Failur~ to comply with either will result in a $25.00 t’me. 42. BOARD VACANCIES ELECTION: To be elili~ble for nomination one must be a paid member by the fi~t general meeimg of the year and in good shanding ssith PSOA. One must have at least 12 months experience in PSOA. To be ellligible to vote one must be a paid member in good staanding by the fi~’t general meeting. (D-U.l-Chief is an appointed position.) MEETING SCHEDULE FOR 1995 SEASONMeeting 1 Feb 26 Mon RC Vets Bldg 7-9 InformationMeeting 2 Mar 2 Sat RC Rec Dept. 9-4 In/Out ClinicMeeting 3 Mar 13 Wed Mill Rec Dept 6:30-9 Rules-Test Meeting 4 Mar 14 Thur SC Rec Dept 6:30-9 Rules-Test Meeting 5 Mar 23 Sat RC Rec Dept 9-4 In/out Clinic Millbrae Rec Center located at 477 Lincoln St, Millbrae, San Carlos Rec Dept located behind left field fence at Burton Park in between the ball field and tennis court on Cedar St. Redwood City Rec Dept located at 1400 Roosevelt Ave, Redwood C~ty. page 6 PENINSULA SPORTS OFFICIALS ASSOCIATION Post Office Box 957 Redwood City, CA 94064 415-368-0422 LIST OF MEETINGS FOR THE NEW YEAR Dear Umpire The following is a list of meetings scheduled for the coming year. All umpires are required to attend one of the Saturday clinics. All umpires are also required to attend one of the rules and tests nights on either March 13 or March 14 so they can ~m in the test. All umpires must take the test so they can umpire in 1996. MEET FO TH 1 SEASON Meeting 1 Feb 26 Mon 7-9 - Information Meeting 2 March 2 Sat RC Rec Dept 9-4 Indoor-Outdoor Meeting 3 March 13 Wed Mill Rec Cntr 6:30-9 Rules-Test Meeting 4 March 14 Thur SC Rec Dept 6:30-9 Ruies-Test Meeting 5 March 23 Sat RC Rec Dept 9-4 Indoor-Outdoor Redwood City Rec Dept San Carlos Rec Dept Millbrae Rec Center Located at 1400 Roosevelt Ave Located at 1017 Cedar St Located at 477 Lincoln Dr Redwood City San Carlos Millbrae NAME ADDRESS CITY ,.q VAI~~..~HEET FO~!~!~ASON FOR ~;LOW PITCH PALO~ SAN SAN BRUNO SAN FRANCISCO PARK ~.3~Y W H E R~E 7. VACATION DATES If ~~~ .............:i~!~~ .........."~ 8.COMMENTS SUCH AS PL~:#~FER NO:~~f~ OR UMPIRES YOU PREFER NOT TO WORK WITH. ANYTHIN~"~ELSE YOU FEE[WE SHOULD KNOW ABOUT. PERSONAL SERVICES CONTRACT This Agreement entered into by (thereafter "Umpire") and the Peninsula Sports Officials Assoc (thereafter "PSOA") on this day of .,19____, and in consideration of mutual agreements contained herein: ARTICLE I The Umpire enters into this Agreement as a private contractor, not an employee ofPSOA, and therefore PSOA does not guarantee specific assignments or set number of assignments, and may terminate this Agreement at any time with the guidelines of the By-Laws of PSOA. The Umpire sets his/her own schedule of availability within the guidelines of the rating and assigning policies of the PSOA. The Umpire assumes sole responsibility for any local, state or federal taxes. The Umpire may terminate this Agreement without notice at any time. ARTICLE II PSOA agrees to the following: 1. Assign Umpire to games per assigning policy regarding availability and rating. 2. Reimburse Umpire according to Fee Schedule. 3. Provide (a) communication regarding training, clinics, events, policies and procedures, fines, disciplinary action per BY-Laws. (b) training and evaluation (c) those insurances as are available through ASA (d)notification of Annual Meeting and (e) access to all public records, at a designated location or through the mails at the expense of the umpire. ARTICLE HI The Umpire agrees to: " 1. Conduct self in a professional manner, including official dress. 2. Abide by all policies and procedures of PSOA. 3. Hold PSOA harmless and not liable for any damages due to travel to and from games, for injuries to self and property during games, for any suit brought against the Umpire by any person or entity, or from loss of income from any of the above° UMPIRE’S NAME UMPIRE-IN-CHIEF NAME ADDRESS CITY ZIP California officials become independent contractors SAN FRANCISCO -- On Jan. 1, California high school and college sports officials will be independent contractors. The change eliminates the possi- bility of back taxes, unem- ployment insurance and other administrative fees for some officials’ associations. That’s the effect of AB 1655, a legislative measure signed into law Oct. 9 by Governor Pete Wilson. "We’ve always considered ourselves independent con- tractors," said Bob Summers, 47, a high school and college baseball and softball umpire who worked with Assembly- man Tom Hannigan (D- Fairfield) to write and pass the measure. "But in the last few years, the state tried to change the definition and make us employees, right in the middle of the game." The reason was simple/according to Summers. The state wanted officiating organiza- tions, as employers, to pay huge amounts of back taxes, unemployment insurance and other administrative fees. The new legislation also guarantees that recreational league, youth league and other amateur officials will be treated as independent contractors within seven months. By July 1, 1996, the California Employment Development Department must draft regulations to include those sports officials, according to the new law. The impact is clear: Local officials’ organizations are required to withhold ’~ ~:~.. or federal taxes, provide ~:~employment insurance or do any of the other things routinely required of employers doing business¯ Individual officials are thus free from controlling mea- sures often associated with employment: mandated work schedules, fixed fees, directives regarding exa_-t methods of executing duties and administrative review of work-related decisions. Offi- cials will not be able to claim unemployment insurance, worker’s compensation and other "employee" benefits. However, nothing in the new law require~ officials to be or remain independent contractors. An individual referee or an officials’ group may agree to work as employees for a league or municipality. Based on their contract negotiations,, bene- fits might include medical insurance, dental benefits, a retirement fund and other perks. "That’s something that may be considered in the future," said Summers. "But what we were working for here was the definition" that established the assump- tion that officials are inde- pendent contractors. While the state govern- ment will not collect a variety of payments from officiating organizations, California does gain protection through the new law. Because officials are not school employees, state universities and public schools have a measure of protection from lfability claims that might be triggered by player injuries during athletic contests. "That’s what the state wanted to trade off," according to Summers. "If we were their employees, they would be responsible for our actions." California is the 13th state to adopt this or similar legislation, making officials independent contractors according to Summers. He is ¯ now working on draft language for a federal version of the law. "The IRS has far sharper teeth than (the state) has," warned Summers. "If those folks ever got on this issue with a vengeance, they could bring sports to its knees." =- ,C~DUCER BOLLINGEPJFOWLER 830 Morris Turnpike Short Hills, NJ 07078-5000 DE SUB-CODE OF iNSURANCE ISSUE DATE (MM, DD, Y’!. D I/I/96 ~THIS CERTIFICATE IS ISSUED AS A MATTER CF INFORMATION ONLY AND CONFEF.S RIGHTS UPON THE CERTIFICATE HOLDER. THIS CER TIFICATE DOES .NOT AMEND, E XTE~’~C i OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANYLETTER A CIGNA INSURANCE COMPANY COMPANY LET[ER B FEDERAL INSURANCE CO. COMPANY LETTER C HOMESTEAD INSURANCE CO. lCOMPANY LETTER ICOMPANY LETTER E URED AMATEUR SOFTBALL ASSOCIATION OF AMERICA 2801 Northeast 50th Street Oklahoma City, OK 73111 VERAGES ::,’-: ¯ . -. hs IS TO CERTIFY THAT THE POLICIES ~)F INSURANCE I~ISTED BELOW HAVE" BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI©D DICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS RTIFICATEMAYBEISSUEDORMAYPERTAIN,THEINSURANCEAFFORDEDBYTHE POLIClESDESCRIBEDHERE N SSUBJECFTOALLTHE TERMS,EXCLUS=©NSID CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE ALL LIMITS IN THOUSANDS GENERAL AGGREGATE $ 13,000GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR. OWNER’S & CONTRACTOR’S PROT. AUTOMOBILE LIABILITY ~1 ANY AUTO I ALL OWNED AUTOS I SCHEDULED AUTOS ’HIRED AUTOS i NON-OWNED AUTOS ~GARAGE LIABILITY EXCESS LIABILITY ~OTHERTHAN UMBRELLA FORM NORKER’SCOMPENSATION AND EMPLOYERS’ LIABIUTY OTHER POLICY NUMBER G17254790 XL00321 793,3-48-51 N/A See Above ’N/A POUCY EFFECT=VE POUCY EXPIRATION DATE (MM/DD/YY)I DATE (MM,’DDHY) 1/01/96 1/01/97 1/01/96 1/01/97 1/01/96 1/01/97 PROOUCTS-COMP~PS AGGR~G~ TE PERSONAL ~ ADVERTISING INJURY EA3~ 0CCURREN~E FiRE DAMAGE (A~, ¢~e rye) $13,000 10,000_. 10,000 5O NOT COV AGGREGATE ;RtPTION OF OPERATIONS/LOCATIOi~S/VEHICLES/RESTRICTIONS/SPECIAL ITEMS ability coverage is provided under the policies listed above for ASA registered umpires while perfqrming t,r~jr,esumpires during official ASA activities, ~ ~/?/~ T~ICATE HOLDER . " "’. : ".. : ..’ -- - CANCELLATION ’ : . SHOULD"~,N~ bF THE AEODE DEscRIBED POLICIES BE CANCELLED BE- FORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO ~iL _3_0__ DAYS WRll-FEN NOTICE TO THE CERTIFICATEegistered Umpires of th e Amateur HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL3ftball Association of America ¯.IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. -..:.AUTHORIZED REPRESENTATIVE ~ -;= ’ ~ "~-:~--;.,-.’:.:".’:~:~,,’.":.’.~’~:~.~.-::.,~.~. ......::-"..: - .,::.. :-:-.. :~ :. +.-~::i:r:: .........;._ .-~..":..:: -~ -eACCIRI:I~COI:IPOI~’IION-~s~ BY THIS AGREEMENT MADE AND ENTERED INTO ON THE DAY OF BY AND BETWEEN THE CITY OF PALO ALTO (HERE~NAF’rER REFERRED TO AS CITY, AND (~i~I £eni~J~Off±clals~issnc-’ (2) c/o Art David (ADDRESS) P.O. Box 957 (C~T~ Redwood City ,I’DATE TO BE ENTER£19~ !,BY CITY PURCHASI~,, (Z~P)94064 (PHONE) (HEREINAFTER REFERRED TO AS CONTRACTOR). ~N CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: - CONTRACTOR SHALLPR~v~DE~RF~RN~sHTHEF~LL~w~N~PE~F~EDSER~EsAND~RMATER~ALsSPE~F~ED~NExH~B~T A~ACHEDHER~OANDINCORPORATEDHEREINBYTHISREFERENCE: Schedule and provide umpires and officials for Cit~ of Palo ALto Recreation softball and basketball leagues. Contractor shall ensure thatumpzres’ register at their expense with the Amateur Softball Assn, which shall provide the ires with liability insurance, and with the Peninsula Sports O~ficials Assn. Contractor’s schedule of officials and umpire assignment shall be subject to prior approval by the City and shall be rpvided to the City two weeks prior to assignments. Contractor shall ensure that officials comply with current Peninsula Sports Officials Assn by-laws. ¯ EXHIBITS THEFOLLOWINGA~ACHEDEXHIBITSHEREBYAREMADEPARTOFTHISAGREEMENT: "A" Peninsula Sports officials Assn. by-laws "B" Peninsula Sports Officials Assn letter RE "c" Accord Corp. Certificate Of In~.-Assoc. "D" Acord Corp. Certificate on Ins.-Umpires TERMS THE SERVICES AND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON AND SHALL BE COMPLETED BEFORE June 30, 1996 July 1,1995 ¯COMPENSATION FOR THE FULL PERFORMANCE OF THIS AGREEMENT: For umpires and officials scheduled and ~Cl~ SHALLPAYCONTRACTOR: provided by Contractor, contractor shall be compensated $17.50-20.per game, per each umpire provided, as set forth in the PSOA by-la Contractor shall bill City every two weeks and shall be solely re ~ CO.NTRACTORSHALLPAYCITY: sponsible for compensating the umpires and officials. Contractoruneers~ands and agrees that, in the event program revenues are affected by a City Coucil declared emergency, compensation of Contractor shall be adjusted accordingly. PAYMENT RECORD (DEPARTMENT USE REVERSE SIDE) CITY ACCOUNT NUMBER: IKEY CODE OBJECT ~0~ ~2-3-3107 02818393 PROJECT PHASE NO.DOLLAR AMOUNT $35rO00 GENERAL TERMS AND CONDITIONS ARE INCLUDED ON BOTH SIDES OF THIS DOCUMENT. THIS AGREEMENT SHALL BECOME EFFECTIVE UPON ITS APPROVAL AND EXECUTION BY AGREEMENT THE DAY, MONTH, AND YEAR FIRST WRITTEN ABOVE. HOLD HARMLESS. CONTRACTOR agrees to’ indemnify, defend and h01d harmless CITY, its officers, agents, ~nd employees from any and all demands, claims or liabilib, any nature, including wrongful death, caused by or arising out of CONTRACTOR’S, its officers’, agents’ or employees’ negligent acts, errors, or omissions, or will’ misconduct, or conduct for which the law imposes strict liability on CONTRACTOR in the performance or failure to perform this agreement by CONTRACTOR. ENTIRE ,a.GREEMENI’. l,his agreement and the terms and conditions on the reverse hereof represent the entire agreement between the parties with respect to the purcha and sale of the equipment, materials or supplies or payment for services which may be the subject of this contract, All prior agreements, r~presentations, statemen: negotiations and undertakings whether oral or written are superseded hereby. P ROJ EOT M AN AGE R A~2"~’~’~SiE4~’T’!~E FOR C’TY CONTRACTOR 2’ J-! NAME Tom Osborne Reaction/Stern Center P.O. BOX 10250 PALO ALTO, CA 94303 Telephone ( 4,15 )329-2343 TITLE Umpire-in-chief SOCIAL SECURITY OR I.R.S. NUMBER ~ q’4-1 nr-,~7"~R 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) FINANCE PURCHASING & CONTRACT ADMII’,~;STRATIOh (3)(4) CITY DEPARTMENT [--"~"~ds Have Been RISK MANAGER ,U-’Budgeted (,) , ~’IF OVEF}.$5,000, REQUIRES CITY MANAGER’S SIGNATURE ;ITY 0F~AL0.ALT0 . . . :~;: ",~," ....~. " , :’-’. ~.,.~:.~._,,:.,=~j’".;.;-’-:,-~ -..: . . ,~.~ ,,. ,’. ...,. :,:,-’..~+,_’. o. ¯-,..,:. .=. .~ . ,, .-:’. :,..:. ;,.~,,’~,’ ............ BY’-.’ ": ~" ""CITY MANAGER .-" ~., - AGREEMENT BY THIS AGREEMENT MADE AND ENTERED INTO ON THE BY AND BETWEEN THE CITY OF PALO ALTO "CITY", AND DAY OF John T. Whitlinger 0o. ~t’DATE TO BE ENTERED19__ I.BY CITY PURCHASING ,a (ADDRESS) 260 Hedge Road (CITh9 Menlo Park (ZIP) 94025 (PHONE) 415-725-564~ "CONTRACTOR" IN 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 EXHIBITS THE FOLLOWING ATTACHED EXHIBITS HEREBY ARE MADE PART OF THIS AGREEMENT: Instructors to obtain current negative TB certificates. TERM THE SERVICES AND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON AND SHALL BE COMPLETED BEFORE G~e 30, 1997 THEREOF AS SPECIFIED IN THE EXHIBITS NAMED BELOW AND A~ACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE: TITLE:(DESCRIPTION) Provide tennis instructors for tennis classes. Terrific Tiny Tennis and Junior League summer tennis camps for youths. Classes to be scheduled by City ~uring year and minimum for classes to be 3; maximum 8. Classes with two or less will be chanqed to four one-hour classes; regular classes will be six hours of lessons. Contracto~:~na City will share all promotional efforts. The City must approve all materials prior ~distribution. Fee to range from $30 - $50 for lessons, and $145 - $190 for Junior League~mmer camp. 1996~" COMPENSATION FOR THE FULL PERFORMANCE OF TH~S AGREEMENT: [] CITY SHALL PAY CONTRACTOR: For adult and youth classes, $31 per registration. For TerrificTiny Tennis for 45 minute lessons are $22 per registration, six 45 minute lessons are $31 per registration. For Junior League camp, [] CONTRACTOR SHALL PAY ClTY: contractor to receive $i00 per registration, and for mid-season Junior League $55 per registration.PAYMENT RECORD (DEPARTMENT USE REVERSE SIDE) CITY ACCOUNT NUMBER: KEY CODE OBJECT PROJECT PHASE NO.DOLLAR AMOUNT 02818403 3107 98121 999 $14,000 02818394 3107 98113 999 $21,O00 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 WRIM’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, including 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 cbnditions 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. P ROJ ECT MANAG ER AND REPRESENTATIVE FOR CITY NAME Greg Betts BY DEPT.Recreation P.O. BOX10250 PALO ALTO, CA94303 Telephone 415-617-3112 Tl’l~ Director SOCIAL SECURITY OR I.R.S. NUMBER 397-46-1710 ®INVOICING SEND ALL INVOICES TO THE CITY, ATTN: PROJECT MANAGER CITY OF PALO ALTO APPROVALS: IROUTE FOR SIGNATURES ACCORDING TO NUMBERS IN APPROVAL ~ITY DEPj~R~IENT /I~T] Funds Have Been FINANCE~ Budgeted !O~R *5,000, REQUIRES CITY MANAGER’S SIGNATURE CITY OF PAL0 ALTO BY’CITY MANAGER ~’~-" 02-9? ,W) RISK MANAGER //-’ PU RC~I~ & C~TRAJ~ADMINI~d=R&TION IF OVER $25,000, REQUIRES MAYOR AND CItY A~ORNEY SIGNATURES A~ST.APP,0V~ AS T0 F0,~. BY:MAYOR CITY CLERK CIT’( ATTORNEY WORLD HEADQUARTERS U ITED STATES PROFESSIONAL TENNIS¯ ASSOCIATION, INC. April 18, 1996 Mr. Tom Sarsfield 261 Alturas Avenue Sunnyvale, CA 94086 Tim Heckler Chief Executive Officer Dear Tom: This letter will confirm that the City of Palo Alto has been added as an additional insured to the liability policy which is provided to you as a certified member of the United States Professional Tennis Association (USPTA). This liability policy covers certified, affiliate and certain honorary members in the United States, its territories, and Canada. THE USPTA LIABILITY POLICY INCLUDES $2 million liability insurance, while on court, for bodily injury to others; and for damage to property not in the tennis professional’s care, custody, or control. It does not cover injury to the tennis pro, or damage to his/her property. The accident must have taken place on court, and arisen from the tennis professional’s playing, practicing, teaching or officiating in tennis. This policy does not cover the additional insured against any liability which might arise due to its own negligence or act. It simply ~means that the additional insured is covered for any vicarious liability arising from an accident caused by the USPTA member or insured nonmember. If the additional insured is held negligent, it could be sued sepa~rately and would not be covered by the USPTA member’s insurance. The additional insured fee is neither prorated nor transferable, and will cover the additional insured through the term of the policy year. Re.application must be made by the USPTA member for the additional insured each policy year, since no invoices will be sent as a reminder. Policy number:TCPP7693143 Effective period:12/31/95 - 12/31/96 For questions or to USPTA World Headquarters report an accident,One USPTA Centre contact:3535 Bdarpark Drive Houston, TX 77042 , Telephone (713) 97-USPTA We have ordered a certificate of insurance and will forward it to you immediately upon receiving it. Sincerely, UNITED STATES PROFESSIONAL TENNIS ASSOCIATION, INC, Ellen Schmidt Insurance Department /es -" :This coverag~ is null and void if the member is not a citiZ~eh 6f Of does not legally"re.~ide arid Work in"~:..:..:i: :: . i" [ ¯ :’. ? .i:.i. " ’.the United Staie~,: its terriiodeS, or Canada, : - . .- " " ./... ’ ’. :.i:::.:.. :-1 One USPTA Centre. 3535 Briarpark Drive, Houston, "IX 77042 (713) 97-USPTA ® FAX (713) 978-7780 To** Request for S~:/Source MernoC/ dum Mr. H~f~vards, Manager Community Services: Recreation, Open Space & Sciences Greg Betts, Community Affairs Date:April 15, 1996 Sole Source Request For the Purchase of: Special lnterest Classes of Pale Alto Recreation Requested Supplier/Vendor: John Whitlinger Address:260 Hedge Road, Menlo Park, CA 94025 Contact:John Whitlinger Phone: PEID #:003100 Cost Est.: (415) 725-5648 $35,000 JUSTIFICATION: The following sole source justification has been written according to the Purchasing Manual’s Procedure PA-158 issued 12/94. As a minimum justifications should include: Detailed description of why this meets sole source criteria, see PA-158 (purchasing Manual) The actions taken by the department/division to search for the product or service and what will be done to ensure competitive pricing. Any reports (verbal or written) prepared by the department/division during the research for available products/services. Expected length of contract. Last date a proposal or bid was received. ,~ John g:hitlinger provides and compensates instructors for Tennis c~la~e/s conducted during ^ is ’. [)’/the year. Thi’s is the only contractor availab_le that offers the( zefti d teaching approach C) "(-- fle._~Mrecl h)~ our customers, line estimatect program participants are expectea to exceed 750 during 1996-97. g:hitlinger Tennis was chosen to teach the Tennis classes during the ’96- / ’97fiscalyear because of their areas of expertise, clientele they have built through us, as well as the positive responses we have received from the public for their past performance. The City of Pale Alto Recreation continually seeks and accepts proposals for new Special lnterest Classes and instructors. Department Approval: Requesting Division Head/Supervisor "~ ~-~ Approval of Department Head Purchasing Approvals: Manager Purchasing & Contract AdJ City Manager Approval: Date: AGREEMENT BY THIS AGREEMENT MADE AND ENTERED INTO ON THE DAY OF BY AND BETWEEN THE CITY OF PALO ALTO "ClTY",AND John T. Whitlinger ,8 (ADDRESS)2~I_E~e Road (CITY) Menlo Park NO, ° I’DATE TO BE ENTEREI 19__ "[BY CITY PURCHASING (ZIP) _9_4_Q.2,.=5~ (PHONE)415-725-564[: "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 INCORPORATED HEREIN BY THIS REFERENCI~:TITLE: (DESCRIPTION) Provide Tennis instructors for tennis classes, Terrific Tiny Tennis and Junior League summer tennis camps’ for youths. Classes to be scheduled by City during year and minimum for classes to be 4; maximum 8.- Classes with 3 or less will be changed to four one-hour classes; regular classes will be six hours of lessons; Contractor and City will share all promotional efforts. The City must approve all materials prior to. distribution. Fee to range from $30-$50 for lessons, and $170-$190 for Junior League summer camp. EXHIBITS THE FOLLOWING ATTACHED EXHIBITS HEREBY ARE MADE PART OF THIS AGREEMENT: Instructors to obtain current negative TB certificates. ® ® TERM THE SERVICES AND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON June 1 , 1996 AND SHALL BE COMPLETED BEFORE June 30, 1997" COM PENSATION FOR THE FULL PERFORMANCE OF THIS AGREEMENT: [] ClTY SHALL PAY CONTRACTOR: For adult and youth classes, $31 per+ registratiGn. For Terrific Tiny Tennis summer session $22 per registration ’and for fall, winter, sprincsessions $31 per registratzon.. For Junior League camp,, contractor to [] CONTRACTOR SHALL PAY CITY: receive $I00 per registration, and for mid-season Junior League $55 pez registration.PAYMENT RECORD(DEPARTMENT USE REVERSE SIDE) ." CITY ACCOUNT NUMBER: IKEY CODE OBJECT PROJECT PHASE NO.I DOLLAR AMOUNT 02818403 3107 98121 999 I $14,000 ’ 02818394 3107 98113 999 $21,000 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 FI .RST WRITTEN 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, including 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 conditions 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 CONTRACTOR NAME Greq B@tts BY DEPT,Recreation P.O. BOX 10250 PALO ALTO, CA 94303 Telephone 415-617-3112 TITLE Director SOCIAL SECURITY ORI.R.S. NUMBER 94-302-1691 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 DEP£KT.,MENT .--l’T~.~unds Have Been FINANCE ’RISK MANAGER PURCHASING & CONTRACTADMINISTRATION" ~"~ ~--’~-J ~ Budgeted ~R $5,0~, RE~ ~IRES CI~ ~ANAGER’S SIGNATURE Clef PAL0 ALto - BY:CITY MANAGER BY: (3)(4) ¯ IF OVER $25,000, REQUIRES MAYOR AND CITY ATTORNEY SIGNATURES ATTEST: APPROVED AS TO FORM: MAYOR CITY CLERK CITY ATTORNEY CPA 02782 RETAIN GqEEN COPY CONTRACTOR REV !0’95 BY THIS AGREEMENT MADE AND ENTERED INTO ON THE BY AND BEFWEEN THE CITY OF PALO ALTO "CITY". AND; (ADDRESS) 260 Hedge Road AGREEMENT No. DAY OF John T. Whitlin~er ,a (CITY) Menlo Park I’DATE TO BE ENTERED . 19 ~ tBY CITY PURCHASING (ZIP), 94025 (PHONE) 415-725-5648 "CONTRACTOR" IN 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 INCORPORATED HEREIN BY THIS REFERENCE: TITLE: (DESCRIPTION) Provide tennis instructors for tennis classes. Terrific Tiny Tennis and Junior League summer tennis camps for youths. Classes to be scheduled by City ~uring year and minimum for classes to be 3; maximum 8. Classes with "two or less will be changed to four one-hour classes; regular classes will be six hours of lessons. Contractor and City will share all promotional efforts. The City must approve all materials prior to distribution. Fee to range from $30 - $50 for lessons, and $145 - $190 for Junior League summer camp. EXHIBITS THE FOLLOWING ATTACHED EXHIBITS HEREBY ARE MADE PART OF THIS AGREEMENT: Instructors to obtain current negative TB certificates. TERM THE SERVICESAND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON June 1, ~1996 AND SHALL BE COMPLETED BEFORE June 30, -1997 COMPENSATION FOR THE FULL PERFORMANCE OF THIS AGREEMENT: [] CITY SHALL PAY CONTRACTOR: For adult and youth classes, $31 per registration. For Terrific Tiny Tennis for 45 ~minute lessons are $22 per registration, six [45 ¯minute ~lessons are $31 per registration. For Jun~ior League camp,i i CONTRACTOR SHALL PAY CI~(: contractor to receive $i00 p~r registration, and for mid-season ..... " Junior League $55 per registration._ ’ ¯PAYMENT RECORD(DEPARTMENT USE REVERSE SIDE) , CiTY ACCOUNT NUMBER: : @ @ 02818403 "" 3107 : ~98121-;~999 " I$14’000 02818394 "° ’3107 " ;9~I13 ’" _999 .. I$21’000 GENERAL TERMS AND CONDITIONSARE 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 WRiTrEN 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, including 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 an~l conditions on the reverse hereof re~resent the entire agreement between the parties with respect to the purchase and sale of the goods, equipment, materia!s 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 ate superse.ded hereby; PROJECT MANAGER AND REPRESENTATIVE FOR CITY CON NAME .~Greg Be;eta ," DEPT.Recreation BY Director SOCIAL SECURITy. OR I.R.S. NUMBER 397-46-1710 P.O. BOX 10250 PALO ALTO, CA 94303 Telephone ~415-617-3112 INVOICING SEND ALL,NVO,CES TO THE C,W. ATTN: PRO~ECT MANAGER CITY OF PALO ALTO APPROVALS: (ROUTE FOR S’GRATURES ~CCORD,NG TO NUMSERS .. ~aOW~ ~OX~S ~OW) CI~ DEPARTMENT ~ Funds Have Been FINANCE RISK MANAGER PURCHASING & CONTRACT ADMINISTRATION~ Budgeted (1)(2)(3)(4) :’~ CI~ 0F PALO ALTO ~.::: ~ ~=~:,:r. -;~. ~ ~- ~’:~- .....,- Cl~ ~AG~R ";_,: ./’- V.~%k ", -.~ ....-.’~-,:; >-~ ~MAYOR ......" ~", ...."" ,/DATE TO BE ENTEREDBY THIS AGREEMENT MADE AND ENTERED INTO ON THE I_ 3 ¢. DAY OF ~’d ! ;: 19 ~_.~ I, BY CITY PURCHASI.NG BY AND BE~NE~-N THE CITY OF PALO ALTO (HERE=~AFTER REFERRED TO AS CITY, AND (ADDRESS) ~ (CITY) ~ . (,ZIP) ~ (PHONE) ~ (HEREINAFTER REFERRED TO AS CONTRACTOR). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: CONTRACTOR SHALL PROVIDE OR FURNISH THE FOLLOWING SPECIFIED SERVICES AND/OR MATERIALS SPECIFIED IN EXHIBIT , ATTACHED HERETO AND INCORPORATED HEREIN BY THIS RE~=ERENCE: 7-:’- .... ’ "7" . = : i . - ~ ,, , -. . s.umme~ tennz.s c.a~p_s ~or ~outh_So C_.lasses .t.o be scheduled by :City during year and minimum zor c~asses ro De ~ maxlmum ~o classes ~Ith 3 ~r less ~ill be ~hanged to four one-hourclasse.s; r~egul.a.r .las_s.es w.ill be .slx¯hours of. lessons.Contractor and Cit~ will share allpromonlonal e£rorrso The City mus~ approve al~ materials prior to dlstrlbutionoFee to range EXHIBITS THE FOLLOWING ATTACHED EXH B TS HEREBY ARE MADE PART OF T" S AGReeMENT: ....... TERMS THE S WC S ~’i~o~OR MATERIALS FURN~HE6 UNDEr’THiS AGREE~EflT SHALL COMMENCE ON COMPENSATION FORTHE FULL PERFORMANCE OF.TH~S,AGREEMENT: ,. ...._, ..................;. , ,. ,.., : ......,. : For-adult and youth ’~la~es ~" _$31; 00: ~r zegi~trat~on~ :~or ~errif£-~ T~n~ ~hn~s". $22200 ’,per GENERAL:TERMS AND CONDITIONS ’AREINC~LUDED.ON_BOTH SIDES OI",JHIS DOCUMENY;’33 {,I~TTI;q,’¢. ~.HT TLtL)~z.T~’~’,; " THIS AGREEMENT SHALL ’BECOME EFFECTIVE UPON ITS APPROVA[}~ND EXECUTION ’BY CITY,IN’WITNESS THEREOF, ~THE PARTIES’HAVE EXECUTED’;THIS AGREEMENT THE D~Y,. MONTH AND ~EAB FIRST WRI~N SB.OVg t,~lo~ PE~,~.x~ ~ rio ~,~r ~z, ~ ~3aH;~.:~ HOLD X~RNLESS. CONTRACTOR agrees to indemniN, defend and hol~ harmless Cl~ its officers, agents and employees from any and all demands, claims ~( liabili~ of any nature, including wrongful death, caused by or arising out of CONTRACTOR’S,’Its }flic~P~-’~g~h~s~ 6~’~pld~e~’ ’n~gfigent fi~s~?s" ~£ ~i~si~fi~ l~’~illful m~sconduct, or conduct for which the law Imposes strict hablhN ~n.GONTRAGTOR in the performance or fa lure ~o perform th s agreement by CONTRACTOR ~ y: .~:"~ T ENTIRE ~GREENEXI. This agreement and the terms and cond~t,ons on the revers~ hereof represent the ent,re,agreement be~een the pa~,es with respect to the purchaseand sale of the equ,pment materials or supphes or payment for seN~ces which m~y be the.subject of th~s contract. All prior agreements, representat~ons~state£~nts negotiatidnsand undedakingS whether oral br written are s~perseded hereby:’: .T.’r ’.=~:"/, E’P: 40 Mil~T ~’~g-~ RETAIN GREEN COPY FOR YOUR FILES DEPARTMENT (:3 (3 "1 AGREEMENT BY THIS AGREEMENT MADE AND ENTERED INTO ON THE DAY OF BY AND BETVVEEN THE CITY OF PALO ALTO "CITY",AND Gymnastics West, Niel Berquist, NO. I’DATE TO BE ENTERED19~tRY CITY PURCHASINGOwner ,a (ADDRESS) 121 Beech Street (ClT~ Redwood City (ziP) 94063 (PHONE)~I 5 -364-0933 "CONTRACTOR" IN 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 INCORPORATED HEREIN BY THIS REFERENCE: TITLE: (DESCRIPTION) Provide instructors for Gymnastics, Ball Sports, Indoor Soccer and Catching On classes year round. Class to run in sessions from 5 weeks to i0 weeks during various periods of the year. Minimu.ms and ma.ximums to vary. Fees to participants shall range. ,from_ $.60 t.o $80..d.olla.rs, a~no.wi.l.l i~n.c~ude a. $i0 sur_charge, pe.r.regi.strat~ion~ Fe.es palo ..~o uontrac~or wzi± not znc±u~e tne ~-u surcnarge. ~ee scne~u-e De±ow £or tees to De pazs to Contractor. ® ® EXHIBITS THE FOLLOWING All’ACHED EXHIBITS HEREBY ARE MADE PART OF THIS AGREEMENT: All instructors to have valid negative tuberculosis certificates. TERM THE SERVICES AND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON AND SHALL BE COMPLETED BEFORE June 30, 1997 COMPENSATION FOR THE FULL PERFORMANCE OF THIS AGREEMENT: I~ ClTY SHALL PAY CONTRACTOR: Contractor to receive $4.90 [] CONTRACTOR SHALL PAY CITY: PAYMENT RECORD (DEPARTMENT USE REVERSE SIDE) per CITY ACCOUNT NUMBER: KEY CODE OBJECT PROJECT PHASE NO.| DOLLAR AMOUNT i 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 WRITTEN 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, including 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 conditions 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. PROJ LOT MANAGER AND REPRESENTATIVE FOR C’TY CONT ,, R0 NAME Greg Betts BY J V~ DEPT.Recreation P.O. BOX 10250 PALO ALTO, CA 94303 Telephone 415-617-3112 INVOICING SEND ALL INVOICES TO THE CITY, ATTN: PROJECT MANAGER ~ ~ CITY OF PALO ALTO APPROVALS: (ROUTE FOR SIGNATURES ACCORDING TO NUMBERS IN APPROVAL DO>V).~ CITY DEPAB,,T’f~T I;~unds Have Been FINANCE / /~ | Budgeted IF OVI~’R $5,0~, REQUIRES CITY MANAGER’S SIGNATURE CITY OF PAL0 ALTO BY: CITY MANAGER TITLE Owner oR ,.R.S. NUMBER BY: MAYOR CITY CLERK CITY ATTORNEY !/// IF OVER $25,000, REQUIRES MAYOR AND CITY A~ORNEY SIGNATURES A~EST:APPROVED AS T0 FORM" To,* FFom: Request 9~Sole Source Mem .andum Purchasing & Contact AdministrationMr. Howard~flffards, Manager Community Services: Recreation, Open Space & Sciences Greg Betts, Community Affairs Date:April 15, 1996 Sole Source Request For the Purchase of: Special Interest Classes of Palo Alto. Recreation Requested Supplier/Vendor: Gymnastics West Address:121 Beech Street Redwood City, CA 94063 Contact:Niel Berquist Phone: PEID #:005247 Cost Est.: (415) 364-0933 $25,000 JUSTIFICATION: The following sole source justification has been written according to the Purchasing Manual’s Procedure PA-158 issued 12/94. As a minimum justifications should include: Detailed description of why this meets sole source criteria, see PA-158 (purchasing Manual) The actions taken by.the department/division to search for the product or service and what will be done to ensure competitive pricing. Any reports (verbal or written) prepared by the department/division during the research for available products/services. Expected length of contract. Last date a proposal or bid was received. Gymnastics West provides and compensates instructors for Gymnastics, Ball Sports, and Catching On classes conducted during the year at various Community Centers in Palo Alto. ~ are the onl v.Ey_cndo2L~_ will bring instructors to our sites to teach the classes. Program participants are expected to exceed 700 during 1996-97. Gymnastics West was chosen to teach the gymnastics classes during the ’96-’97fiscalyear because of their knowledge on the topics, areas of expertise and clientele they have built through us. The City of Polo Alto Recreation continually seeks and accepts proposals for new Special lnterest Classes and instructors. Department Approval: Requesting Division Head/Supervisor Approval of Department Hea& Purchasing Approvals: City Manager Approval: Date: AGREEMENT , - - BY THIS AGREEMENT MADE AND ENTERED ~NTO ON THE DAY OF BY AND BETWEEN THE ClTY OFPALOALTO"CITY",AND G},mnastics West, Niel Berquist, NO, ~!’DATE TO BE,ENTEREO 19 ~ I, BY CITY PURCHASINGOwner (ADDRESS) 121 Beech Street (ClT~9 Redwood City (ziP). 94063 (PHONE~I5-364-0933 "CONTRACTOR" IN 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 AT[ACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE: TITLE: (DESCRIPTION) Provide instructors for Gymnastics, Ball Sports, Indoor~ Soccer and Catching On classes year round. Class to run in sessions from 5 weeks to i0 weeks during various periods of the year. Minimu~ms .a.nd maximums to vary.. Fees to participants shall range_.~rom_ $.60 t.o $80 .d.olla.rs, a.na_wi.~.z i~n.c~lude a. $I0 sur_cnarge, pe.r. regi.strat.ion~ Fe.es pa~d~o uontrac~or wi±- not ~nc~uae ~ne ~±u surcnarge. ~ee scneaule De±ow zor zees co De paia to Contractor. EXHIBITS THE FOLLOWING ATTACHED EXHIBITS HEREBY ARE MADE PART OF THIS AGREEMENT: All instructors ;t6 h~ve val,~d..ne~tive tuberculosis.ocertificates. TERM THE SERVICES AND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON AND SHALL BE COMPLETED BEFORE ~une 30, 1997 ® June l, 1996 COMPENSATION FOR THE FULL PERFORMANCE OF THIS AGREEMENT: ~ ClTY SHALL PAY CONTRACTOR: Contractor to receive $4.90" per child.per class. ® [] CONTRACTOR SHALL PAY CITY: PAYMENT RECORD (DEPARTMENT USE REVERSE SIDE) CITY ACCOUNT NUMBER: KEY CODE OBJECT I PROJECT PHASE NO. I DOLLAR AMOUNT 02818403 3107] 98119 999 135’000"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 wRrr[EN ABOVE. - ’ ’ HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its Coun{~il Members, officers, employees, and agents from any and all demands, claims or liability of any nature, including wrongful death, caused by or arising out of CONTRACTOR’S, its officers’, directors’, employees’ or agents’ negligent acts, errors, or ornissions, 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 conditions on the reverse hereof represent the entire agreement between ihe I~arties 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 prier agreements representations ~ta~tem.ents~.n~eg~t‘iati~[~s~a:~n~d~un~d~e‘[~‘~king.s~h~‘~th~er~:~ ,o.r..’~.r:!?.e~.,.a.r~,s_u~..er~...de,.d .hereby .’,-~:. ~!-:i "-~/.°~: ~. ":’.:._: :.:-. ~::- .’. .~ .-., .~. -:~ - . PROJECT MANAGERAND REPRESENTATIVE FOR CITY " "CONTR/iC~TOR-.~, . " " ’ " ,: ",~ " DEPT.Recreation .TITLE Owner P.O, BOX 10250 PALO ALTO, CA 94303 Telephone 415-617-3112 SOCIAL SECURITY OR I.R.S. NUMBER INVOICING SEND ALL INVOICES TO THE CITY, ATrN: PROJECT MANAGER CITY OF PALO ALTO APPROVALS: (ROUTE FOR SIGNATURES ACCORDING TO NUMBERS IN APPROVAL BOXES BELOW) ~unds Have Been I FINANCE Budgeted RISK MANAGER PURCHASING & CONTRACT ADMINISTRATION (2)(3)(4) CITY MANAGER’S SIGNAT.U,..R.E o.’ ’-. ~.’.- IF OVER $25,000; REQUIRES M.~I, OR AND CITY A’rI’ORNEY SIGNATURES’J’--’ ;:’:-":’~?’~-’~;~:~’~’~’-"’:’: "Y "’-"";:’" i~;:’~’~ ~’:."’ ’-~" : -’~:;: :~--~-’~ ":~’~TES~I~Eo ~.~’~" "~L’; " ~i’~ " ;;~’ APPROViD A~ Y’0 F(~RM"’. "A . ..BYe: ........, __-.~o ;~-," :, ---.;;..,o ,-:_-.’.--:::., , CPA 02782 RETAIN GREEN COPY CONTRACTOR REV ~o.’95FOR YOUR FILES AGREEMENT ~IS AGREEMENT MADE AND ENTERED INTO ON THE ~DAY OF / ~ ~Y AND BETWEEN THE CITY OF PALe ALTO (HEREINAFTER REFERRED TO AS CITY, AND (NAME) (1) G~Iastics West, ~]eil BErquist~ ~wn~r (2) "’121 Beech Street Redwood C1uy(ADDRESS), (CITY) (ZIP) No. s6080304 9"- -/DATE TO BE ENTERED 19 ~----~’~.BY CITY PURCHASING 3~-0933 (PHONE) (HEREINAFTER REFERRED TO AS CONTRACTOR). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: CONTRACTOR SHALL PROVIDE OR FURNISH THE FOLLOWING SPECIFIED SERVICES AND/OR MATERIALS SPECIFIED IN EXHIBIT , ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE: Provide instructors for Gymnastics, Ball Sports, and C~tching on classes year round.Classe~ to r~ in sessions from 5 weeks to IO w~e~s during various periods of ehhe year. Minimums and maximums to vary. Fees to partici.~a~ts shall range from $30 to $70 dollars, and rill include a $I0 surcharge=per reglstra~ion. Fees paid to. Contractor wil-I not include the $10 surcharge. S~ ~¢h~dule below for f~e~ no be p~id ~o CGntf~ctor. Feus paid to Conuz’actor @fret $I0 surcharge is deducted, will be on a 70% basis of participant fees paid. All EXHIBITS THE FOLLOWING ATTACHED EXHIBITS HEREBY ARE MADE PART OF THIS AGREEMENT: I ~" ~/:.’ °, . instructors to have valid negative tuberculosis certificates. TERMS THE SERVICES AND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON June i, 1995~ AND SHALL BE COMPLETED BEFORE Ju~e 30~ 1996 COMPENSATION FOR THE FULL PERFORMANCE OF THIS AGREEMENT: ~ CITY SHALL PAY CONTRACTOR: ...... For fal.~ spring periods, Contractor to receive $~,~per child ~r class. For su~er classes, [] CONTRACTOR SHALLPA~. actor ~o receive $4.20 per chlld. ® PAYMENT RECORD (DEPARTMENT USE REVERSE SIDE) CITY ACCOUNT NUMBER: kEY CODE OBJECT i PROJECT ~ .~3~~i07 02~18403 PHASE NO.DOLLAR AMOUNT $37,000.00 GENERAL TERMS AND CONDITIONS ARE INCLUDED ON BOTH SIDES OF THIS DOCUMENT. THIS AGREEMENT SHALL BECOME EFFECTIVE UPON ITS APPRQVAL AND EXECUTION BY CITY. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS . AGREEMENT THE DAY, MONTH, AND YEAR FIRST WRI’FrEN ABOVE. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its officers, agents, and employees f.rom any and all demands, claims or liabihty of any nature, including wrongful death, caused by or arising out of CONTRACTOR’S, its officers’, agents’ or employees’ negligent acts, errors, or omissions, or willful m=sconduct, or conduct for which the law imposes strict liabilit7 on CONTRACTOR in the perlormance or failure to perform this agreement by CONTRACTOR. ENTIRE AGREEMENT. This agreement and the terms and conditions on the reverse hereof represent the entire agreement between the parties with respect to the purchase and sale of the equipment, materials or supplies or payment for services which may be the subject of this contract. All prior agreements, representations, statements. negotiations and undertakings whether oral or written are superseded hereby. PROJECT MANAGER AND’REPRESENTATIVE FOR CITY NAME Avideh Yaghmai DEPT."I~t".v~,."tt" ’~ ~ P.O. BOX 10250 PALO ALTO, CA 94303 Telephone (415) 329-2568 INVOICING SOCIAL SECURITY OR I.R.S. NUMBER 94-2159-516 SEND ALL INVOICES TO THE CITY, ATTN: PROJECT MANAGER :2 CITY OF PALO ALTO APP ROVALS: (ROUTE FOR SIGNATURES ACCORDING TO NUMBERS IN APPROVAL BOXES BELOW) CITY DEPARTMENT [-~fF~nds Have Been RISK MANAGER FINANCE PURCHASING & CONTRACT ADMINISTRATION"--’ Budgeted (2) IF OVER $5,000, REQUIRES CITY MANAGER’S SIGNATURE CITY OF PAL0 ALTO BY:CITY MANAGER RETAI,"4 GREE~ COPY FOR YOUR F,.ES BY. (3) ~ (4) IF OVER $25,000, REC~UIRES MAY(~R AND CITY ATTORNEY SIGNATURES ATTEST:APPROVED AS TO FORM’ MAYOR CITY CLERK CITY A]-rORNEY BY TillS AGREEMENT MADE AND ENTERED ~NTO ON THE BY AND BETWEEN THE OITY OF PALO ALTO "OITY", AND AGREEMENT No. DAY OF ~kyhawks Sports Academy [DATE TO BE ENTERED 19~ tBY CITY PURCHASING (ADDRESS) PO Box 18529 (CITY) S~pokane WA (ZIP) 99208 (PHONE) 206- 232-4520 "CONTRACTOR" tN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: o 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 A’F[ACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE: TITLE: (DESCRIPTION) Skyhawks Sports Academy to instruct youth sports camps: baseball, basketball,roller hockey, soccer, sports extravaganza, and mlni hawks (for preschoolerS. Contractor agrees to comply with all City policies. Contractor shall provide all neceSSary equipment. Contractor to share promotional efforts with the City. The City must appro~all publicity prior to distribution. City to process all registration at Lucre Ster~ Com~ity Center° EXHIBITS THE FOLLOWING A~ACHED EXHIBITS HEREBY ARE MADE PART OF THIS AGREEMENT: Certificate of a negative tuberculosis test from all instructors. naming the City additionally insured for $i,000,000. TERM THE SERVICES AND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON June AND SHALL BE COMPLETED BEFORE September 30, 1996 ’- I f~fance "~ertificate ¯ COMPENSATION FOR THE FULL PERFORMANCE OF THIS AGREEMENT: ~ ClTY SHALL PAY CONTRACTOR: Tuition for each baseball and mini hawk camp is $95. Tuition is $99 for each soccer, basketball and roller hockey camp. After a $i0 surcharge is deducted participant per camp, Skyhawks Sports[] CONTRACTOR SHALL PAY CITY: Academy is to receive ~ per participant, and the City of Palo Alto is to receive $23 per participant. Skyhawks shall receive~75% of fees ¯ PAYMENT RECORD (DEPARTMENT USE REVERSE SIDE) coll.ected for sports, extravaganza~ For the $95.00 camps, Skvhawks shall recei 63.00 per D~rtlciDant" and the~" ~’~’~’Cit" ~22 ~0¯ CiTY ACCOUNT NUMBER:’,~,~.uu per par~zclpan~, IKEY CODE OBJECT I PROJECT PHASE NO. DOLLAR AMOUNT 02818406 3107 I 98137 999 $95,000 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 WRITTEN 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, including 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 A6REEMENT. This agreement and the terms and conditions on th~ revers~ h~reof 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 reement. All prior agreements, representations,statements, negotiations and undertakings whether oral or written are superseded hereby.. PROJECT MANAGER ANb REPRESENTAT*VE FOR Cl’n’CONT NAME Greg Betts By DEPT.Recreation P.O. BOX10250 PALOALTO, CA94303 Telephone 415-617-3112 TITLE t 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 CITY DEPA~hT4VlENT [-~qFunds Have Been FINANCE / / ~ Budgeted <L_>~%~ ~ I(~) ~iE R $ ~O~;~IE Q U I R E S~{~ ITY MANAGER’S OF PALO ALTO BY: SIGNATURE ~(RISK MANAGER . ~ PURCV~I#G & C~NTR~C~ADMINIS~ ,~TIOR IF OVER $25,000, REQUIRES MAYOR AND CIT~ORNEY SIGNATURES A~EST.APPROVED AS T0 FORM. BY:CITY MANAGER CPA02782 ~ ~’-~ " "=-:’, ~-~_.~" CITY CLERK CITY ATTORNEY REV ~095 Requc for Sole Source Me To:Purchasing Mr.Manager From:Community Services: Recreation, Open Space & Sciences Greg Betts, Community Affairs Date:April 15, 1996 Sole Source Request For the Purchase of: Special Interest Classes of Palo Alto Recreation Requested Supplier/Vendor: Skyhawks Sports Academy. Address:P.O.Box 18529 Spokane, WA 99208 Contact:Dave Berto Phone: PEI:D #:026864 Cost Est.: (800) 804-3509 $96,000 JUSTI~’ICATION: The following sole source justification has been written according to the Purchasing Manual’s Procedure PA- ! 58 issued 12/94. As a minimum justifications should include: Detailed description of why this meets sole source criteria, see PA-158 (purchasing Manual) The actions taken by the department/division to search for the product or service and what will be done to ensure competitive pricing. Any reports (verbal or written) prepared by the department/division during the research for available products/services. Expected length of contract. Last date a proposal or bid was received. Skyhawks Sports Academy provides and compensates instructors for Basketball, Baseball, Roller Hockey, Soccer, Minihawks Sports Camps conducted during the summer. The estimated program participants are expected to exceed 1, 000 during the summer of 1996. Skyhawks Sports Academy was chosen to do the sports camps during the summer of 1996 because of their wide scope of offerings of specialty camps, quality of services they provide, clientele they have built through us, as well as the positive responses we have received from the public for their past performance. The City of Palo Alto Recreation continually seeks and accepts propoals for new Special lnterest Classes and instructors. Department Approval: Requesting Division Head/ upervisor Approval of Department Head Date:, Purchasing Approvals t Manager Purchasing & Contract Administratio~ Date:, Date:~ City Manager Approval: Date:, ACORD,. CERTIFICA i E OF LiABiLiTY INSURANCE,[Z10/96 PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATESEDgWICI~ dAMES OF WA,INC.I HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. ~]OX 2151 I ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. SPOKANE, NA 99210 COMPANIES AFFORDING COVERAGE (50=/) 35S-3 900 COMPANY _., A U_S F_ideZi_ty & ~ua~ant_~ Co. INSURED COMPANY B Skyhauks Sports Academy COMPANY E. 942 Calkins c Sp o k ane WA 99208 COMPANYD COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CON[3iTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. coLTR TYPE OF INSURANCE ~" GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY POLICY EFFECTIVE POLICY EXPIRATIONPOLICY NUMBER UMITSDATE (MM/DD/YY)DATE (MM/DDiY~ 1MP30077863203 2/08/96 2/08/97 CLA,MS MADE X__j OCCUR OWNER’S & CONTRACTOR’S PROT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS IMP30077863203 2/08/96 2/08/97 GENERAL AGGREGATE $200005-0- PRODUCTS-COMP/OPAGG $2000000 PERSONAL & ADV INJURY ’ $1OOOOO0 EACH OCCURRENCE ’ $100000~ FIRE DAMAGE (Any one fire} , $50000 MED EXP (Any one person). $5000 COMBINED SINGLE UMIT $ BODILY INJURY(Per person)$ BODILY INJURY(Per accident}$ PROPERTY DAMAGE ’ $ 1000000 GARAGE LIABILITY ANY AUTO EXCESS UABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY THE PROPRIETOW INCLPARTNERS/EXECUTIVE ..... OFFICERS ARE:EXCL OTHER AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EACH OCCURRENCE $ AGGREGATE $ $ , WCSTATU- i iOTH- ____. T_QR__YJJM_LTS ’EFI EL EACH ACCIDENT $ EL DISEASE - POUCY UMIT $ EL DISEASE - EA EMPLOYEE $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: SOCCER CAMP ADDITIONAL INSURED: CERTIFICATE HOLDER LUCY STERN CENTER ATTN: ADAM POLITZER 1305 MIDDLEFIELD RD PALO ALTO° CA 94301 ACORD 25-S (1/95) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILU/RE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR LIABILITY // v © ACORD CORPORATION 1988 ACORD.. PRODUCER INSURED CERT|F|CA i OF SEDgWICK dAMES OF P.O. BOX 2151 SPOKANE, WA 99210 ( 509 )358-3900 INC. Skghauks Spo~ts Academu E. 942 Calkins Spokane WA 99208 COVERAGES LiABiLITY INSURANCE DATE(U THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATI, ONLY AND CONFERS NO RIGHTSUPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOESNOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A COMPANYB COMPANYc COMPANY D 2000000 2000000 1000000 1000000 50000 5000 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN M~Y HAVE BEEN REDUCED BY PAID CLAIMS. CO J POLICY EFFECTIVE POUCY EXPIRATION LTR,TYPE OF INSURANCE POLICY NUMBER DATE (MM/DO/YY)DATE (MM/DO/YY)UMITS A’ GENE~L’,AB,U~1MP30077863203 2/08/96 2/08/97 IGENERAL AGGREGATE $ ~X ~ COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ ~OWNER’S & CONTRACTOR’S PROT l EACH OCCURRENCE $ FIRE DAMAGE (Any one fire)$ MED EXP (Any one person)$ AUTOMOBILE LIABILITY ,’~ ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X i HIRED AUTOS [~, NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO ~INCL EXCL COMBINED SINGLE UMIT BOOILY INJURY(Per person) 1000000 $ $ ~ESS UABILITY , UMBRELLA FORMI OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY THE PROPRtETOWiPARTNERS/EXECUTIVE OFFICERS ARE: OTHER 1MP30077863203 2/08/96 2/08/97 BODILY INJURY(Per accident) PROPERTY DAMAGE AUTO ONLY o EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE WC STATU.I OTH.TORY LIMITS ~ER EL EACH ACCIDENT EL DISEASE - POUCY UMIT EL DISEASE - EA EMPLOYEE $ $ $ $ $ $ $ DESCRIPTION OF OPERATIONS/LOCATIONS~EHICLES/SPECIAL ITEMS RE: SOCCER CAMP ADDITIONAL INSURED: CERTIFICATEHOLDER LUCY STERN CENTER ATTN: ADAM POLITZER 1305 HIDDLEFIELD.RD PALO ALTO, CA 94301 ACORD 25-S (1/95) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~..___.__~AYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILU/RE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABIUTY OF./~iI~I=~UI~ "~IE ~L~i~’sm~R REPRESENTATIVE~. A U~’E D ,~E~’E SEN TA T,v. ;ORPORATION 1988 CERTeS_l. BY THINS AGREEMENT MADE AND ENTERED INTO ON THE BY AND BETWEEN THE CITY OF PALO ALTO "CITY", AND AGREEMENT NO. DAY OF ~kyhawks Sports Academy I’DATE TO BE ENTERED 19~ ~.BY CITY PURCHASING ,a (ADDRESS) PC Box 18529 (CITY) Spokane WA iZlP) 99208 (PHONE) 206--232-4520 "CONTRACTOR" IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: o CONTRACTOR SHALL PROVIDE OR FURNISH THE FOLLOWING SPECIFIED I) GOODS AND MATERIALS, 2) SERVICES OR 3)A COMBINATION THEREOF AS SPECIFIED IN THE EXHIBITS NAMED BELOW AND ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE: TITLE: (DESCRIPTION) Skyhawks Sports Academy to instruct youth sports camps: baseball, basketball,roller hockey, soccer, sports extravaganza, and mzni hawks (for preschoolers). Contractor agrees to comply with all City policies. Contractor shall provide all necessary equipment. Contractor to share promotional efforts with the City’. The City must approve all publicity prior to distribution...City to process all registration at Lucia Stern Community Center. EXHIBITS THEFOLLOWINGATTACHEDEXHIBITSHEREBYAREMADEPARTOFTHISAGREEMENT: Certificate of a negative tuberculosis test from all instructors. Znsurance certif~cat~ naming the City additionally insured for $1,000,000o : ¯ TERM THE SERVICES AND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON June 1, 1996 ¯ AND SHALL BE COMPLETED BEFORE September 30 ~¯ 1996 .. ¯ COMPENSATION FOR THE FULL PERFORMANCE OF THIS AGREEMENT: " - ~ CITY SHALL PAY CONTRACTOR: Tuition for each baseball and mini hawk camp is $95. Tuitio~ is $99 ’for each soccer,-basketball and roller hockey camp. After a $i0_surcharge is deducted participant per camp, Skyhawks Sports "[] CONTRACTOR SHALL PAY CITY: Academy is to receive -¯ to receive $23 per participant. Skyhawks shall receiv_e/75% of fees¯ PAYMENT RECORD (DEPARTMENT USE REVERSE SIDE) ~-~.ffo~_rL.sp~)r~s_.. _e_x_t~ravaganza~’~.- For the $95.00 camps, Skvhawks shall r’ecei~~;~" andthe Cit "22 ~0 ’, ClTY ACCOUNT NUMBER:¯ , ,. .’~:~.uu per parr.zc.lpa.nr., . . ,, ’.y ~. KEYCODE 02818406 ¯ O~ECT. 3107 PROJECT PHASE NO. 98137 999 DOLOR AMOUNT $95,000 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 WRI’I-[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, including 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 conditions on the reverse herw( 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 th s agreement AI pr or agreements, representations, statements, negotiations and undertakings:whether oral or written are superseded hereby. | / "" DEPT. Recreation TITLE Pre~.~eqt P.O. BOX 10250 SOCIAL SECURITY PALO ALTO, CA 94303 OR I.R.S. NUMBER 91-1549581 Telephone 415-617=3112 @ 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) 31TY DEP..AJKT4vlENT ~ Funds Have Been FINANCE / / ~ Budgeted ( ~--------/"~’,~~ 1(2) I~;;~ER $~I~(]O~EQUIRES~I~ITY MANAGER’S SIGNATURE CI~’~ OF PAL0 ALTO ~’" BY: "~ - - Ct[Y MANAGER CPA 02782 RETAIN G~EEN COPY BY: RISK MANAGER PURCHASING & CONTRACT ADMINISTRATION (3) (4) IF OVER $25,000, REQUIRES MAYOR AND CITY ATFORNEY SIGNATURES ="AT[EST: , ~_’~APPROVED AS TO FORM: , ,,_ .. - _-~.-o ~_:,~ MAYOR CITY CLERK CITY ATTORNEY ¯.....;..=AGREEMENT No. ..,: .... [DATE TO BE ENTERE~D, HIS AG R,E_EM ENT MADE AND ENTERED INTO ON THE ,, ~.-. ~ DAY OF. ""~ ]’T 19 ~ IBY CITY PURCHASING ¯ ( AND BETWEEN THE CITY OF PALO ALTO (HEREINAFTER REPERRED TO AS CITY, AND (NAME)(1) _Sit.hawks SVorts Academy (HEREINAFTER REFERRED TO AS CONTRACTOR). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: ¯CONTRACTOR SHALL PROWDE OR FURNISH. THE FOLLOWING SPECIFIED SERVICES AND/OR MATERIALS SPECIFIED IN, E:~.I-IISIT ’: ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE:Sky|~wks SpoEts Academy to instruct youth sports amps: baseball, basketball, soccer and m~ni hawks (for preschoolerw).Contractor agrees to omply ~ith ill City policies. Contractor shall provide all necessary equipment~f~[~o~tractor o share promotional efforts with the City. The City must approve all p~bllcity prior to istribu~ion. City ~o process all registration at Lucie AGREEMENT:Stern Comm~ity.~ ~ Ce~tero, ’~’~ , /~.__ ¯EXHIBITS~ THE FOLLOWING A~AC~ED EiH~mTS HERE~Y ARE MADE PART O~ TH~S ertificate of a negative tuberculosis test from all instructors. ¯ TERMS THE SERVICES ANDIOR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON ... AND~HALLBE COMPLETED BEFORE .....~[,~m~er 30,- ~9_g5 ut.~ne ¯COMPENSATION FOR THE FULL PERPORMANCE OF TH~S AGREEMENT: [] CITY SHALL PAY CONTRACTOR: Tuition for each camp (soccer,. baseball, basketball, is: ,95.00.A After a $1Oo00 surcharge is deducted per particlpa~t per camp, Skyhawk~ ’Sports Academy [] CONTRACTOR SHALL PAY CITY:is tO receive $63.00 per p@rtlcipant, and the City of Palo Alto to~:’-. receive $22.00 per partlclpant~ -PAYMENT RECORD (DEPARTMENT USE REVERSE S~DEI CiTY ACCOUNT NUMBER:"" KEY CODE OBJECT PROJECT PHASE NO.DOLLAR AMOUNT .., /3 C)_~3.~ ~ ~_ _3107 $96~000~00 028184~ GENERAL TERMS AND CONDITIONS ARE INCLUDED ON BOTH SIDES OF THIS OOCUMENTqk THIS AGREEMENT SHALL BECOME EFFECTIVE UPON ITS APPROVAL AND EXECUTION BY CITY. IN WITNESS THEREOF, THE~PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY, MONTH, AND YEAR FIRST WRI’FI’EN ABOVE¯ HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless ClTY,,its officers, agents, and emp~ees from any and all demands;claims or liability of -an~i nature, including wrongful.death, caused by or arising out ot CONTRACTOR’S, its officers’, agents’ o’r"e’r~-pioye~~ ~eglige~t ~cts’, "e}r~s, 6r omissions,"or willful misconduct, or conduct for which the law imposes strict liability on CONTRACTOR in the performance or failure to perform this agreement by CONTRACTOR. ENTIRE AGREEMENI". This agreement .and the:terms and ~;onditions on the reverse’~hereof, represent,the entir~agreement between.the parties w th respect to the purchaseand sale of the equipment,, materials or supplies or payment for services which may be the subject’of this contra(~t, ~,11 prior’agreem~nt~, representations, ~tatements, ne~.o.ti.atio.n,s and undertakings whether oral or wri,tten are superseded hereby. PROJ ECT MANAGER AN~ fi~PRESENTAT~VE FOR C~TY NAME Avideh Yaqhmai ’ Recreation , "" DEPT.’ P.O. BOX 10250 PALO ALTO, CA 94303 Telephone (_.a.!5} 329-2568---- SOCIAL SECURITY OR I.R.S. NUMBER INVOICING SEND ALL ,NVO,CES TO THE C,TY. ATTN: PROJECT MANAGER CITY OF PALO ALTO APPROVALS: (ROUTE FOR SIGNATURES ACCORDING TO NUMBERS IN APPROVAL’BOX~S’~ELOW) ["-’J,~ds Have Been I RISK MANAGERCITY DEPARTMENT " ~ Budgeted "-’2 / ::"-- ’¯.,- ~--: I() ....(1) ..... IF OVER’$~,O00, REQUIRES CITY MANAGER’S SIGNATURE CITY OF PALO ALTO -: RETAIN GREEN COPY FOR YOUR FILES "I FI~.A.NCE . ’ I PURCHASlNG & CONTRACT AOMI_NISTIRATION’ .;. ~ ,---,-" :-/.. ..-:",, I . " .:. "-" .., 1(3) ’,! y./.r -7:.. / !,y’ ~// !(4)/" :’/ ..... , , :1’.:’...;’ ~ , IF dVE.~’~’~5,OOOTREC~JIAE~’MAY(~I~uN~j’.~I~’Y:AI-rORNEY SIGNATUREdi[!:’:::..~’. ; "’~,’-°’~ ~; ::ATTEST:’-. -’/_.’~’~-5’S’??-~.~’A’- APPROVED AS TO ~0RM:. I ¯..~’,* ....: ~ ,’," -, " , ’ .’.’/.~.,~.. "J:’t;’4".,- " " ...."" ,2 : ", "’" "~’-"-’" . ",., / ?, ’.. ’- .’ "-,-- ,;.’~ ";" /’~ .° ’, .’"" -~ ’ ’ :~,- ’q : :.. ,, . .,_, ,’~__.:_,.::,-.-:. ’,,~_".,., .,, :..,’, ¢.., ...- . ,-, .~,, , .. -maYOr ’ . .:-.. ’ ."--’".. c~.cu~r~’.’~>~" ~" " .’ . :,c,~an~ ,~__, ¯ DEPARTMENT AGREEMENT BY THIS AGREEMENT MADE AND ENTERED INTO ON THE DAY OF BY AND BE13NEEN THE Cl~ OF PALO ALTO "CI~". AND ~aW~S Spot,s Academ~ No, I’DATE TO BE ENTERED 19~ tBY CITY PURCHASING a (ADDRESS) PO BOX 18529 ,(CITY) Spokane WA (Zip).99208 (PHONE}206- 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 INCORPORATED HEREIN BY THIS REFERENCE: TITLE: (DESCRIPTION) Skyhawks Sports Academy to instruct ~zouth sports camps: baseball, basketball,roller hockey, soccer, sports extravaganza, and mzni hawks (for preschoolerS. Contractor agrees to comply with all City policies. Contractor shall provide all neceSSary equipment. Contractor to share promotional efforts with the City. ,The City must appro~all publicityprior to distribution. City to process all registratio., at Lucle Ster~..~ Comm~ity Center° EXHIBITS THEFOLLOWINGA~ACHEDEXHtBITSHEREBYAREMADEPARTOFTHISAGREEMENT: Certificate of a negative tuberculosis test from all instructors. naming the City additionally insured for $i,000,000. TERM THE SERVICES AND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON June 1~1--996 AND SHALL BE COMPLETED BEFORE September 30, 1996 ~ I f~fance "~ertificate ¯ COMPENSATION FOR THE FULL PERPORMANCE OF THIS AGREEMENT: ~ ClTY SHALL PAY CONTRACTOR: Tuition for each baseball and mini hawk camp is $95. Tuition is $99for each soccer, basketball and roller hockey camp. After a $i0 surcharge is deducted participant per camp, Skyhawks Sports[] CONTRACTOR SHALL PAY ClTY: Academy is to receive ~ per participant, and the City of Palo Alto is to receive $23 per participant. Skyhawks shall receive~75% of feesPAYMENT RECORD (DEPARTMENT USE REVERSE SIDE) coll.ected for spor,ts, extravaganza~ For the $95.00 camps, Skvhawks shall recei~- and t~e~" ~’~’~¯ ClTYACCOUNT ~MBER: ~.~ per par~zclpan~, n uZ~y ~zz.uu KEY CODE OBJECT PROJECT PHASE NO. DOLLAR AMOUNT 02818406 3107 98137 999 $95,000 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 WRII-rEN 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, including 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 AOREEMEN’I’. This agreement and the terms and ~onditions on the r~verse 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 apreement. All prior agreements, representations, statements, negotiations and undertakings whether oral or written are superseded hereby. I / PROJECT MANAGER AND:REPRESENTATIVEFOR CITY CONTRA(~R / [" L (l lrd , /. DEPT. Recreation ’ TITLE , Pre~e~t -- P.O. BOX 10250 SOCIAL SECURITY PALO ALTO, CA 94303 OR I.R.S. NUMBER 91-1549581 Telephone 415-617-3112 INVOICING SEND AU_ INVOICES TO THE CITY, ATTN: PROJECT MANAGER CITY OF PALO ALTO APPROVALS" (ROUTE CITY DEp~J.~,..T4MENT [-~Funds Have Been FINANCE I / / ~ Budgeted (2) IiFiER $~{K~EQUIRES~ITY MANAGER’S SIGNATUREc,# o~ ~A~0 A~T0 CPA 02782 FOR SIGNATURES ACCORDING TO NUMBERS IN APPROVAL B.IDqXES BELQW).! ./,f /’~I/ IF OVER $25,00£, REQUIRES MAYOR AND CIT~ORNEY SIGNATURES A~EST’ APPROVED AS TO FORM: BY:ciTY MANAGER MAYOR CITY CLERK CITY ATTORNEY REV 1095 AGREEMENT BY THIS AGREEMENT MADE AND ENTERED INTO ON THE DAY OF .. July ^~ ~’DATE TO BE ENTERED ,B. ~_~b tBY CITY PURCHASING ( PAUSD )BY AND BEI’WEEN THE CITY OF PALO ALTO "CITY", AND ~alo Alto Unified School District ,8 (ADDRESS) 25 Churchill Avenue (CITY) Palo Alto (ZIP) 94306 (PHONE) 329-3706 "CONTRACTOR" IN 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 INCORPORATED HEREIN BY THIS REFERENCE: TITLE: (DESCRIPTION) As agreed by the Contractor and by the City, the Contractor shall provide facilities for the use of the City’s Recreation Division to conduct such activities as adult basketball, volleyball and badminton; youth basketball, baseball, track, sports camps, summer recreation programs; and recreation swim lessons and public swim at pool sites in accordance With Exhibits A, B, C, D, E, F, G, attached. ¯ EXHIBITS .THE FOLLOWING ATTACHED EXHIBITS HEREBY ARE MADE PART OF THIS AGREEMENT: Exhibit A - Current PAUSD Facility Use Policy; Exhibit B - PAUSD Fee Schedules; Exhibit C - Authorized Personnel; Exhibit D - Insurance Certificate; Exhibit E - Compensation; Exhibit F - Hold Harmless; Exhibit G - Insurance Certificate; =TERM THE SERVICES AND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON July 1, 1996 AND SHALL BE COMPLETED BEFORE June 30, 1997 COMPENSATION FOR THE FULL PERFORMANCE OF THIS AGREEMENT: [] ClTY SHALL PAY CONTRACTOR: As provided in Exhibit E and accordance with and not to exceed $26,355.00 [] CONTRACTOR SHALL PAY CITY: PAYMENT RECORD (DEPARTMENT USE REVERSE SIDE) CITY ACCOUNT NUMBER: KEY CODE OBJECT PROJECT PHASE NO.DOLLAR AMOUNT 02818420 3349 $26,355 GENERAL TERMS AND CONDITIONS ARE INCLUDED ON BOTH SIDES OF THIS AGREEMENT. in Exhibits B and~, under 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 WRI’FrEN ABOVE. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold h.armless CITY, its Council Members, officers, employees, and agents from any and all demands, cla rors ENTIRE AGREEMENT. This agreement and the terms and conditions on the reverse hereof represent the entire agreement between the parties with respect to the purchase and sale of the goods, equipment, materia!s 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 ClTY CONTRA~TO~ "1 Walter P. Freeman DEPT.~_cr~_at~n./Lucie Stern Center TITLE Business Manager P.O. BOX 10250 PALO ALTO, CA 94303 Telephone (415) 329-2261 SOCIAL SECURITY OR I.R.S. NUMBER 94-216-8440 INVOICING SEND ALL INVOICES TO THE CITY, ATTN: PROJECT MANAGER CITY OF PALO ALTO APPROVALS: (ROUTE FORSIGNATURES ACCORDING TO NUMBERS IN APPROyAL,~X@9 B~/OW) //I/ / .,/ ~ CITY DEPARTMENT r~-] F~s Have Been FINANCE RISK MANAGER // ~,/~ ,~",~ACT AD~I~I N I/~.T R.’.ATI 0 ~ IF OVER $5,00D’, REQUIRES CITY MANAGER’S SIGNATURE IF OVER $25,000, REQUIRES MAYOR AND CITY ATTORNEY SIGNATURES CITY OF PALO ALTO ATTEST:APPROVED AS TO FORM. BY’ BY:CITY MANAGER MAYOR CITY CLERK CITY A’FTORNEv CPA 02782 ~--’- : ’, ~-=~ ....,,’- ~ ~--~-- _, ~-r~ ~REV EXHIBIT A PALO ALTO UNIFIED SCHOOL DISTRICT PUBLIC USE OF SCHOOL FACILITIES POLICY School facilities are provided primarily for the education of students and that use shall always be given first priority. District facilities shall also be available for community use when the activity is consistent with the best interests of the district and does not interfere with the regular conduct of the educational program. Since school district financial resources are limited and the community use of facilities can result in significant costs, the district may recover some or all of these costs pursuant to Education Code Section 40043b. o Administrative Procedure The Business Manager shall be responsible for the coordination and interpretation of Board policies and procedures and the determination of a fee schedule for the use of facilities. Groups shall have priority in the use of facilities as follows: a.School and school-sponsored groups, clubs, and student body organizations. b.School-connected groups (e.g. PTA, Booster clubs, employee bargaining units and/or organizations). c.Departments or agencies of local municipal governments. d.Community organizations formed for educational, political, economic, artistic, and moral interests of the citizens of the community. e.Other approved groups. When custodial services are not required beyond normally scheduled duties, the following groups may use district facilities, other than pools, without charge for meetings, recreational activities, and district fund raising activities: School Clubs Parent Teachers Association Boy Scouts Recognized Employee Associations Girl Scouts Senior Citizens Campfire Girls Groups and organizations whose activities are open to the general public and whose net receipts, fees, and contributions are expended for the welfare of the pupils of the Palo alto Unified School District or for charitable purposes may be charged a facility use fee which will not exceed direct costs. Church and religious activities shall be charged an amount at least equal to the district’s direct costs (Ed. Code 40043). All other activities shall be charged an amount not to exceed fair rental value. 1996-97 J 10. 11. Any group requesting the use of district facilities shall complete and submit the district’s facility use application, including groups listed in #3 above. The Supefintendent’s designated agent (school building administrator or Business Manager) shall determine the appropriateness of granting the use of the facility to the requesting group. The Superintendent’s agent is authorized to insist upon appropriate security and supervision of all activities held in district facilities. School keys required to carry out any and all activities shall remain in the possession of authorized school district employees. Keys shall not be turned over to individuals, organizations, clubs, associations, etc. Buildings shall be opened, attended, and closed by an authorized employee of the district. In order to limit the exposure of liability to the district which would interfere with the regular conduct of school programs, the use of school district facilities shall be conditioned upon the user’s agreeing to hold the Pal, Alto Unified School District, its Board of Trustees, the individual members thereof, and all district officers, agents, and employees free and harmless from any loss, damage, liability, cost or expense that may arise out of or be caused in any way by such use or occupancy of school property. (Please refer to contract for specific language.) The user shall furnish such liability or other insurance for the protection of the public and the school district as the school district agent may require. Groups using school facilities shall be responsible for the condition in which they leave the facilities. Any breakage, damage, or loss of district property shall be paid by the organization making application for use. Costs shall be established by the Business Manager in cooperation with the facility administrator. Failure to pay promptly for such damage shall be grounds for refusal of future school facility use. No alcoholic beverages in any form shall be brought onto the property of the district. Any person under the influence of intoxicating liquors shall be denied participation in any activity. Violation of this regulation shall be justification for immediate termination of the event and closing of the facility and shall be reason enough to deny future use of school facilities. 12. 13. Smoking and the use of tobacco products by all persons shall be prohibited on school district property. This shall include school buildings and grounds and times when school is not in session. Authorized agents for a group or groups using school district property shall be responsible for enforcing this policy. (Refer to back page of contract for details.) Use of school playing fields shall not be permitted while it is raining, or if the field is wet and such activity will be harmful to the playing surface, and when such conditions may present a safety hazard to users. An approved application may be revoked with reasonable notice when school facilities are needed for school purposes. No facility use permit shall be granted for a period exceeding one year. User agrees not to discriminate against anyone on any basis pursuant to state and federal law. 1996-97 PALO ALTO UNIFIED SCHOOL DI EXHIBIT B STRICT FACILITY FEE SCHEDULE Effective July 1, 1996 - June 30, 1997 GROUP I-NO CHARGE When custodial services are not required beyond normally scheduled duties, the following groups may use district facilities, other than pools, without charge for meetings, recreational activities, and fund raising activities that benefit the students of the district: School Clubs Boy Scouts Girl Scouts Campfire Girls Parent Teachers Association Recognized Employee Associations Senior Citizens A charge may be made for the use of equipment, custodial requirements, or any personnel. overtime needs. GROUP II - See SCHEDULE OF CHARGES Community Organizations Colleges Clubs Associations Governmental Agencies GROUP III- See SCIq-EDULE OF CHARGES Businesses Business Organizations Business Recreation Leagues Religious Organizations 1996-97 Classroom Music Room. Lecture Center Dance Studio Exercise Room Gymnasium Locker Rooms Multipurpose Rooms Cafetorium Auditorium Athletic Fields Softball Diamond Baseball Diamond Tennis Courts Football Field SCHEDULE OF CHARGES 1996-97 (Payment may be required in advance) GROUP I GROUP II GROUP III No Charge $5.25/hour $11.50/hour No Charge $9.75/hour $23.50/hour No Charge $9.75/hour $23.50/hour No Charge $12.50/hour $33.00/hour No Charge $12.50/hour $33.00/hour No Charge $15.00/hour $42.25/hour No Charge $6.25/hour $20.75/hour No Charge $12.50/hour $44.00/hour No Charge $12.50/hour $44.00/hour No Charge $31.00/hour $53.50/hour Brokered by City of Palo Alto Recreation Department Brokered by City of Palo Alto Recreation Department Brokered by City of Palo Alto Recreation Department Brokered by City of Palo Alto Recreation Department Brokered by City of Palo Alto Recreation Department POOLS July - September $185/day $215/day $250/day October - March $370/day $400/day $495/day April - June $250/day $280/day $375/day ADDITIONAL CHARGES Groups I, II, and IT[ rates are subject to additional charges for personnel and equipment requirements. REGULAR TIME Custodial/Facility Guard*$27.00/hour SAT/OVERTIME $39.00/hour SUN/HOLIDAY $54.00/hour * These rates include the district’s costs for the employee’s salary, fringe benefits, and overhead. 1996-97 Exhibit C AUTHORIZED PERSONNEL CITY OF PALO ALTO Recreation, Open Space and Sciences Division April 17, 1996 TO: FROM: Business Manager Palo Alto Unified School District Barry E. Weiss ~ ~ Recreation Superintendent SUBJECT: Use of School District Facilities by City of Palo Alto, Recreation Section Please be advised that the City of Palo Alto Recreation Section will pay rental fees only when the request for use has been signed by one of the following personnel: Paul Thiltgen Daniel Williams Barry Weiss Del Thorpe David Brees Susan Churcher Richard James John Walton Annabell Holland Avideh Yaghmai Adam Politzer Please forward all Recreation Section invoices to: Accounting Office Recreation Division 1305 Middlefield Road Palo Alto, cA 94301 Invoices are to include facility use dates, times, types of use and fees charged. Thank you. cc:Paul Thiltgen Daniel Williams Rosemarie Bednar School Principals Recreation Supervisors PRODUCER Andreini & Company 220 W 20th Ave. San Mateo, CA 94403 (415) 573-1111 INSURED PALO ALTO UNIFIED SCHOOL DISTRICT 25 CHURCHILL AVENUE PALO ALTO, CA 94306 THIS CERTIFICATE. IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. IT DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ~I COMPANIES AFFORDING COVERAGECOMPANY A: CALIFORNIA INSURANCE COMPANY COMPANY B: Cancels & replaces previously COMPANY C: issued certificate COMPANY D: COMPANY E: This is to certify that policies of insurance listed below have been issued to the insured named above for the policy period indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. CO ~I INSURANCE I~I POLICY NUMBE~ I~I DATES I~~.~~~N.~>~ A GENERAL LIABILITY [X]Comp [ ]XCU [ ]OCP [ ]BFPD [ ]Premises/Ops [ ]Prod/Comp Ops [ ]Personal Injury [ ]Contractual Liab AUTO LIABILITY [ ] Any Auto [ ]All Owned (PP) [ ]All Owned (other) [ ] Hired [ ]Non-owned [ ] Garage Liab[] EXCESS LIABILITY [ ] Umbrella [ ] Other WORKERS COMP AND EMPLOYERS LIAB OB 912-7997 MAY 1 9 1995 Effective06/01/94 Expiration04101197 Effective/ / Expiration/ / I I I I I I I I I II I $Bodily Inj Oc $Bodily Inj Ag $Prop Dmge Occ $Prop Dmge Agg $ 1,000,000BI&PD Comb Oc $BI&PD Comb Ag $Pers Inj Agg $$$$ BI (Person) BI(Accident) Prop Damage BI&PD Comb $Occurrence $Aggregate [ ]Statry Limts $Ea Accident $Disease-Lmt $Disease-Empl $$ Description of operations/locations/vehicles/other SUBJECT TO $75,000 S.I.R. AS RESPECTS: CITY OF PALO ALTO USE OF P.A.U.S.D FACILITIES FOR CONDUCT OF CITY RECREATIONS SPORTS PROGRAMS.30 DA S CANCELLATION EXCEPT WIT RESPECT TO NON-PAY, IS 10I CANCEL~TIONI.’.::~’.~I CERTIFICATE HOL~ER I~..,,~.~:~ Should any of the above described policiesbe cancelled before the expiration date thereof, the issuing company wil! endeavor CITY OF PALO ALTO to mail 30 days written notice to the ATTN: RANDY RAFOTH, RISK MANAGER certificate holder named to the left, but 250 HAMILTON AVENUE failure to mail such notice shall pose no PALO ALTO CA 94301 obligationC~_~ability of any kind upon th.~c~pan ,~it’~ agents or reps. Exhibit E _COMPENSATION As COMPENSATION for the full performance of this contract, City shall pay contractor: Payments shall be made to the Contractor within fifteen (15) working days after receipt of invoices which state times, dates, nature of uses, and applicable user fees (See Exhibit B). City shall be responsible to pay Contractor for only those uses which are requested by authorized personnel (See Exhibit C). This contract shall not exceed $26,355 per 1996-97 budget for the term of July 1, I996 through June 30, 1997, as submitted for approval by the Palo Alto City Council. Exhibit F .HOLD HARMLESS H__OLD HARMLESS City shall protect, indemnify, defend and hold Contractor (PAUSD) harmless from and against any liability or expense on account of suits, verdicts, judgements, costs or claims of any nature of kind arising out of, or in any way connected with, City’s operations on, possession, use, management, improvement, alteration or control of Contractor’s property under this agreement, except for any claims or liability, or portions thereof, arising from the concurrent or sole negligence of Contractor, its officers, employees or agents. Contractor shall protect, indemnify, defend and hold City harmless from and .against any liability or expense on account of suits, verdicts, judgements, costs or claims of any nature of kind arising out of, or in any way connected with, Contractor’s operations on, possession, use, management, improvement, alternation or control of Contractor’s property under this agreement, except for any claims or liability, or portions thereof, arising from the concurrent or sole negligence of City, its officers, employees or agents. EXHIBIT G CERTIFICATE ~ OG RJ%M ~d)M IN I S%~RATOR Sedgwick P.O. Box 7601 San Francisco, CA 415/983-5600 ~OGR~/M MEMBER CITY OF PALO ALTO AT~ : R~Y RAFOTH 250 HAMILTON AVEhFGE P. O. BOX 10250 PALO ALTO, CA 94302 OF COVERAGE 94120 ISSUE DATE: 08/23/95 THE PROGRAM MEMBER HAS FOR A PUBLIC PURPOSE BENEFICIAL TO THE MEMBER, ENTERED INTO A CONTRACT WITH THE ADDITIONAL COVERED PARTY AND SUCH CONTRACT PROVIDES FOR INDEMNIFICATION OF THE ADDITIONAL COVERED PARTY BY THE MEMBER. COVERAGE AFFORDED IN NO EVENT EXCEEDS THAT COVERAGE AFFORDED BY THE MEMORANDUM OF COVERAGE DESCRIBED AS "TYPE OF COVERAGE". THIS COVERAGE DOES NOT EXTEND TO THE SOLE NEGLIGENCE, OR WILLFUL MISCONDUCT OF THE ADDITIONAL COVERED PARTY. MEMORANDUM OF COVERAGE NUMBER PROGRAM AFFORDING COVERAGE ACC9596PA171 Authority for California Cities Excess Liability (A.C.C.E.L.) COVERAGES THIS IS TO CERTIFY THAT THE COVERAGE IS AFFORDED TO THE ABOVE NAMED MEMBER, AS PROVIDED BY THE MEMOR~NDUM(S) OF COVERAGE, FOR THE COVERAGE PERIOD SHOWN BELOW, NOTWITHSTANDING /tNY REQUIREMENT, TERM OR CONDITION OF ~Y CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE PROGRAM DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUM(S) OF COVERAGE. THE FOLLOWING COVERAGE IS iN EFFECT: PUBLIC ENTITY LIABILITY IS DEFINED IN THE MEMOR$~DUM(S| OF COVERAGE ON FILE WITH THE ENTITY, AND COPIES ARE AVAILABLE ON REQUEST. TYPE OF COVERAGE:LIABILITY LIMIT PERPUBLIC ENTITY LIABILITY INCLUDING:COVERAGE PERIOD S.I.R.OCCI!RRENCE GENERAL LIABILITY: I XIGENERAL LIABILITY I X]CONTRACTUAL LIABILITY I XIPRODUCTS/COMPLETED OPERATIONS XIPUBLIC OFFICIALS LIABILITY AUTOMOBILE LIABILITY I XIOWNED AUTOMOBILES I XINON-OWNED AUTOMOBILES HIRED AUTOMO8 ILES FROM: 07/01/95 TO: 07/01/96 FROM: 07/01/95 TO: 07/01/96 OTHER i {FROM: I TO: DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 THE PALO ALTO UNIFIED SCHOOL DISTRICT, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED AS AN ADDITIONAL COVERED PARTY SOLELY WITH RESPECT TO THE USE OF SCHOOL DISTRICT FACILITIES FOR CITY OF PALO ALTO FUNCTIONS FOR FISCAL YEAR 1995-1996. CERTIFICATE HOLDER PALO ALTO UNIFIED SCHOOL DISTRICT C/O MS. ROSEMARIE BEDNAR 25 CHURCHILL AVENUE PALO ALTO,, CA 94306 CANCELLATION SHOULD ANY OF THE ABOVE COVERAGE(S) BE C~CELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER N~4ED TO THE LEFT, BUT FAILURE TO MAIL SUCH A NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ~ KIND UPON THE COMP~/qY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ]+ AGREEMENT fDATE TO BE ENTERED, HIS AGREEMENT MADE AND ENTEREOINTO ON THE 1’ ~ DAYOF "":" "’.’ 19 .... IBYCITYPURCHASING BY AND BET~NEEN" THE CITY OF PALO ALTO (HEREINAFTER REFERRED TO AS CITY, AND (NAME)(1) Palo Alto Uzlifled ~chool District (2) (ADDRESS) 25 Churchill Avenue (CITY) Palo Altor C~(ZIP) 94306 (PHONE) 329-3706 (HEREINAFTER REFERRED TO AS CONTRACTOR). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: CONTRACTOR SHALL PROVIDE OR FURNISH THE FOLLOWING SPECtFIED SERVICES As a~reed by tho Contracto~ ~d by ~he City, the Contractor shal~ providc fac~linles £or the use of the City’s Recreation Division to conduct such activities as adult basketball, volleyball and badminton; youth basketball, baseball, track, sports camp, summer recreation programs; and recreation swim lessons and public swi~ at pool si~es in accordance with Exhibits A,B,C,D,E,F,G attached. EXHIBITS THE FOLLOWING A~ACHED EXHIBITS HEREBY ARE MADE PART OF THIS AGREEMENT: "~- E~ibit A - C~rre~t PAUSD Facility U&e Policy, Exhibit B - PAUSD Fee Schedule, Exhibit C - Authorized Perso.n~el, ~xhlbit b - Insurance Certificate, Exhibit E - Compensation, Exhiblt F - Hold Harmless, Exhibit G - Letter of Self Insurance TERMS THE SERVICES AND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ONJ~lly !, ] q£r. AND SHALL BE COMPLETED BEFORE JI3rle 30, 1996 COMPENSATION FOR THE FULL PERFORMANCE OF THIS AGREEMENT: [] CITY SHALL PAY CONTRACTOR: AS provided in Exhibit E and in and not to ~xceed $25,100 under [] CONTRACTOR SHALL PAY CITY: PAYMENT RECORD (DEPARTMENT USE REVERSE SIDE) accordance with this agreement. Exhibits B and C, CITY ACCOUNT NUMBER: KEY CODE OBJECT PROJECT PHASE NO. I DOLLAR AMOUNT ~,2£1942~ 3349I $25,100 .... GENERAL TERMS AND CONDITIONS ARE INCLUDED ON BOTH SIDES OF THIS DOCUMENT. THIS AGREEMENT SHALL BECOME EFFECTIVE UPON ITS APPROVAL AND EXECUTION BY CITY. IN WITNESS THEREOF, THE PARTIES’HAVE EXECUTED THIS AGREEMENT THE DAY, MONTH, AND YEAR FIRST WRITTEN ABOVE. HOI.~ HARMLESS~. CONTRACTOR ag;&.es to indemnify, de~nd and hold harmless CtTY, its officers, agents’, and employees from any add all de~s, claims or liability of ....any na~, includin’g-4<rongful death, ~lus~d by or arising tmt.Lof CONTRACTOR:.,S., its officers’, a~eOts’ or employees’ negligent ac’{~’,..P.rrors, ~r om {’~ ons, or w fu mlsconduc’~r conduct_[’d~v~ich the law imp"0se$ strict liability o’rPCONTRACTOR in t’~tre,.£erformance or~faiIure to perf(~?m.t.hls agreement by~O,,NTRACTOR. "" .: ENTIRE AGREEMENT. This agreement and the terms and conditions on the reverse hereof represent the entir’3t agreement b4tween the parties wilh respect to the purchase and sale of the equipment, materials or supplies or payment for services which may be the subject of this contract. All prior agreements, representations, statements, negotiations and undertakings whether oral or written are superseded hereby. See £J(hibit F hereof. PROJECT MANAGER AND ~EPRESENTATIVE FOR CITY DEPT.~~/T.~P~:~ .q.~,~C~m~ P.O. BOX 10250 PALO ALTO, CA 94303 Telephone ~2W-226] INVOICING CONTRACTOR BY Walter P. Freeman SOCIAL SECURITY OR I.R.S NUMBER 94-216-£440 .. 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 DEPARTMEhT [-7~:unds Have Been I RISK MANAGERL_~ Budge[ed (1). .............. (2) IF OVER $5,00-’0T, REQUIRES c’r[Y MAN’hER’S SIGNATURE CITY OF PAL0 ALTO . BY /’ CiTY MANAGER . FINANCE: PU RCHASIP, IG. &_ C0t, ITRACT ADMINISTRAf~0h(3) " . 1(4) IF OVER $25i900, REQU~ES MAYOR AND CITY ATTORNEY SIGNATURES "- AI-I’EST "" APPROVED AS TO FORM BY "%"’"~--"-’"--"’-~" °~-; -\-. "MAYOR CiTY C;’~ERK .......~ .......CiTY ATTORNEY