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HomeMy WebLinkAboutStaff Report 246-07City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM: DATE: SUBJECT: CITY MANAGER DEPARTMENT: COMMUNITY SERVICES JUNE 4, 2007 CMR: 246:07 APPROVAL OF A CONTRACT WITH JOHN T. WHITLINGER IN AN AMOUNT NOT TO EXCEED $288,999 FOR TENNIS CLASSES, INDIVIDUAL LESSONS FOR YOUTH AND ADULTS AND SUMMER CAMPS FOR YOUTH 9 RECOMMENDATION- Staff recommends that Council: 1.Approve and authorize the Mayor to execute the attached contract with John T. Whitlinger-in the amount of $93,500 for tennis classes, individual lessons and summer camps for July 1, 2007 thru June 30, 2008 (Year 1) Authorize the City Manager or his designee to negotiate and execute one or more amendments to the contract with John T. Whitlinger for additional but m~foreseen increases in enrollment which may develop during the year, the total value of which shall not exceed $9,350 for Year 1 Authorize the City Manager or his designee to exercise the option to renew the contract for the (second and/or third year) provided the proposed cost of the renewal contract does not exceed the Consumer Price Index for all urban consumers (San Francisco - Oaldand - San Jose, CA), or 3 percent which ever amount is less. The consultant is responsive to the City’s needs, and the quality of the consultant’s work is acceptable during the first year of the contract (and/or other conditions which will determine the City’s willingness to renew the contract). DISCUSSION Consultant Services Description The work to be performed under the contract is for tennis instruction services. John T. Whitlinger provides instructors for tennis programs conducted through the City’s Recreation Division. For over thirteen years, Whitlinger has consistently provided high quality tennis classes for the City. This contractor offers similar services to a number of our neighboring cities, which allows them to maintain a very low instructor turnover rate. Selection Process Staff sent a request for proposals to eight tennis instruction providers on March 9, 2007. Firms were given twenty-one days to respond to the request. Staff personally contacted other vendors CMR:246:07 Page 1 of 2 to encourage them to respond. However, only one tennis instruction provider, John Whitlinger, the City’s current provider, responded. A selection advisory committee consisting of Sharon Eva and Kathy Bradley reviewed the proposal received and made the determination that it was responsive and responsible. Whitlinger provides a wide range of tennis classes and individual tennis lessons for adults and youth at all skill levels, as well as providing summer camps for youth. Residents continue to fill the classes offered each quarter, creating an ongoing demand for more tennis programs. Customer evaluations are consistently positive and rate the instructors and the service provided with a good to excellent ranldng. In addition, Jolm T. Whitlinger is on the coaching staff at Stanford University, which has further developed his reputation in our community. FISCAL IMPACT The contract will be in the amount of $288,999.15 and funds for the first year in the amount of $93,500.00 are included in the FY 2007-2008 Operating Budget. Contract expenditures based on specific revenue split between the City and the contractor (Attachment A) after successful provision of services based on demand for services by customers. The contract total reflects a 3% increase for Year 2 ($96,3.05.00) and Year 3 ($99,194.15). ENVIRONMENTAL ASSESSMENT Approval of this contract amendment does not constitute a project under California Environmental Quality Act (CEQA). Therefore, no environmental assessment is required. ATTACHMENTS Attachment A: PREPARED BY: Contract Class Coordinator, Community Services Department DEPARTMENT HEAD: CITY MANAGER APPROVAL: ~~CH~RD JAME Director, Services~tfepartment EM@Y H~RRISON Assistant City Manager CMR:246:07 Page 2 of 2 CITY OF PALO ALTO CONTRACT NO. S07120742 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND JOHN T. WHITLINGER FOR PROFESSIONAL SERVICES of PROVIDING TENNIS CLASSES, INDIVIDUAL LESSONS and TENNIS CAMPS This AGREEMENT is entered into July i, 2007, by and between the CITY OF PALO ALTO, a chartered city and a municipal corporation of the State of California ("CITY"), and John T. Whitlinger, a sole proprietor, located at 260 Hedge Road, Menlo Park, CA 94025 PH) 650-725-5648("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement.-~ A. CITY intends to provide Tennis Classes, Individual Lessons and Tennis Camps-through the CITY’s Recreation Division, and desires to engage a Consultant to provide these services. B. CONSULTANT has represented that it and any subconsultants have the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit ~A", attached to and made a part of this Agreement. D. CONSULTANT has agreed to perform the Services on the terms and conditions contained in this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this Agreement, the parties agree: AGREEMENT Section i. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The performance of all Services shal! be to the reasonable satisfaction of CITY. SECTION 2. TERM. The term of this Agreement shall be from the date of its ful! execution, July I, 2007 to June 30, 2008, unless terminated earlier pursuant to Section 20 of this Agreement. CITY retains the option to renew Agreement for up to two additional one year periods, upon mutual consent of both parties, SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated, to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit "A", including both payment for professional services and reimbursable expenses, shall not exceed ninety six thousand five hundred Dollars ($96,500.00). In the event Additional Services are authorized, the total compensation for these additional services and reimbursable, expenses shall not exceed nine thousand six hundred and fifty Dollars ($9,650.00). The applicable rates and schedule of payment are set out in Exhibit "C~, entitled ~COMPENSATION,~ which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit ~C~. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additiona! Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibit "A". SECTION 5. INVOICES. In order to request payment, CONSULTANT. shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including anidentification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit "C"). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s payment requests shall be subject to verification by CITY. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. 050310 2 All of the services to be furnished by CONSULTANT under this agreement shall meet the professiona! standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. CONSULTANT shall report immediately to the CITY’s project manager, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and/or guidelines in relation to the Project of the performance of the Services. All documentation prepared by CONSULTANT shall provide for a completed project that conforms to all applicable codes, rules, regulations and guidelines that are in force at the time such documentation is prepared. SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. SECTION 9. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of the CITY. The manner and means of conducting the Services are the responsibility of and under the control of CONSULTANT, except to the extent they are limited by applicable law and the express terms of this Agreement. CONSULTANT will be responsible for employing or engaging all persons necessary to perform the Services. All contractors and employees of CONSULTANT ~are deemed to be under CONSULTANT’S exclusive direction and control. CONSULTANT shall be responsible for their performance. SECTION I0. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’ s obligations hereunder without the prior written consent of the city o~o~o 3 manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION ii. SUBCONTP~ACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. SECTION 12. PROJECT MAIqAGEMENT. CONSULTANT will assign Tom Sarfield as the project director to have supervisory responsibility for the performance, progress, and execution of the Services. If circumstances or conditions subsequent to the execution of this Agreement cause the substitution of the project director or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not perfo.rm the Servicesin an acceptable manner, are uncooperative, or present ~ threat to the adequate or timely completion of the Project or threat to the safety of persons or property. The city manager will represent CITY for all purposes under this Agreement. Sharon Eva is designated as the project manager for the CITY. The project manager wil! be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 13. DUTIES of CITY. To assist CONSULTANT in the performance of the Services, CITY will furnish or cause to be furnished the specified services and/or documents described in Exhibit "A" and such other available information as may be reasonably requested by CONSULTANT. SECTION 14. OWNERSHIP OF MATERIA]LS. All drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed or discovered by CONSULTANT or any other person engaged directly or indirectly by CONSULTANT to perform the services required hereunder shall be and remain the property of CITY without restriction or limitation upon their use. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the city manager or designee. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the 050310 4 expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. The acceptance of CONSULTANT’s services and duties by CITY shall nor operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. The waiver by either party of any breac~ or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1.CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming the City of Palo Alto as an additional insured under any general liability or automobile policy or policies. 18.2.All insurance coverage required hereunder shall be provided through carriers with Best’s Key Rating Guide ratings of A-:VII or higher which are admitted to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3.Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the 050310 5 Purchasing Manager thirty (30) days’ prior written notice of the cancellation or modification, CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Purchasing Manager during the entire term of this Agreement. 18.4.The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. WORKERS’ COMPENSATION. CONSULTANT, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of thai Code, and certifies that it will comply with such provisions, as applicable, before commencing and during the performance of the Services. SECTION 20.TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 20.1.The city manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (i0) days’ prior.written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 20.2.CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving ten (I0) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 20.3.Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and al! copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 20.4.Upon such suspension or termination by CITY, CONSULTANT will~ be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., i0 days after giving notice) of 050310 6 suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise of his/her discretion 20.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 21. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY:Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager. To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 22.CONFLICT OF INTEREST 22.1.In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 22.2.CONSULTANT further covenants that, in the performance of this Agreement, it wil! not emp!oy subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. 22.3. If the Project Manager determines that CONSULTANT is a "Consultant" as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 23. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT agrees that in the performance of this Agreement, it shall not discriminate in the 0~0310 7 emp!oyment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Chapter 2.28 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Chapter 2.28 pertaining to nondiscrimination in employment, including completing the form furnished by CITY and set forth in Exhibit "E". SECTION 24.MISCELLANEOUS PROVISIONS. 24.1. This Agreement will be governed by the laws of the State of California. 24.2.In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California or in the United States District Court for the No}them District of California in the County of Santa Clara, State of California. - 24.3.The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. 24.4.This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 24.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and CONSULTANTs, as the case may be, of the parties. 24.6.If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto wil! remain in ful! force and effect. 24.7.All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 24.8.This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any oso3~o 8 penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fisca! year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section 24.8 shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. o5o3~.o 9 IN WITNESS WHEREOF, the parties hereto have by their duly authorized represen<atives executed this Agreement on the date first above written, CITY OF PALO ALTO APPROVED AS TO FORM: JOHN T, WHITLINGER Senior Asst. City Attorney APPROVED Assistant City Man. ager By: Name: Title: Taxpayer Identification No, Director of Administrative Services Insurance Reviewed (Compliance wi~h Corp. Code required if the en~ity on whose behalf this contrac~ iS signed is a In ~he alternative, a certified corporate r~solution a~test~ng to ~h~ signatory authority of ~he individuals signing in Attachments : EXHIBZT "A": EXHIBIT "B": EXHIBIT "C" : EXHIBIT ~D" EXHIBIT "E": SCOPE OF WORK SCHEDULE OF PERFORMANCE COMPENSATION INSURANCE NONDISCRIMINATION COMPLIANCE FORM o~o~o i0 EXHIBIT A SCOPE OF SERVICES I. Scope of Services to be Provided by CONSULTANT CONSULTANT shall provide Tennis Instruction through the City of Palo Alto Recreation Division. CONSULTANT shall teach classes and provide individual lessons and Summer Camps, according to CONSULTANT’s schedule, as approved by the CITY. CITY shall provide facilities suitable for the classes and camps. CONSULTANT agrees to comply with all applicable CITY policies. CONSULTANT and CITY shall share all promotional efforts; each Party to bear its own cost of its own promotional efforts. CITY must approve all promotional flyers and brochures and affix the CITY’s appropriate logo, prior to distribution. CITY will process all registrations and will provide CONSULTANT with the number of registrants. CONSULTANT is responsible for taking roll and confirming registration numbers. The classes and individual lessons that are offered shall focus on novice, low intermediate, intermediate, and high intermediate levels, in order to accommodate all skill levels. Individual lessons shall be either one student and one instructor or two students and one instructor. Group lessons shall have no greater than an 8-1 student/teacher ratio for ages 9 and up and a 6-1 student/teacher ratio for ages 5 to 8. Youth includes ages 5 to 15. Adult includes ages 16 and above. CONSULTANT shall have the same instructors quarter by quarter to gain stability and comfort of the students and to ensure that the classes and individual lessons are consistent with teaching techniques, unless approved by CITY pursuant to Section 6.2 herein. CONSULTANT further agrees to submit the following prior to the start date of this Agreement: 1.List of References 2.Negative TB tests for all staff working with children. 3.Fingerprint background check for all staff working with children. 4.Signed copy of the Declaration of Employee Safety AB-14. 5.Insurance in accordance with City guidelines. 6.Signed copy of W-9 form 7.Schedule of Fees II. GROUP LESSONS A. FEES Fees will be $40.00 per student for 6 one hour lessons. The Recreation Department marks up the fee charged by CONSULTANT to determine the fee 050310 ii charged to residents. The CITY reserves the right to adjust the mark up applied. Class sizes will be limited to no more than 8 (per Instructor) for ages 9 and up and no more than 6 (per Instructor) for ages 5 through 8. Weekday classes will be held twice a week on Mondays and Wednesdays or Tuesdays and Thursdays. Classes will also be offered on Saturdays. Classes of two will be converted into four sem-private lessons. Classes of one or zero will be cancelled. New classes may be formed from waiting lists. B. MAKEUPS Makeups will only be given on those occasions when inclement weather or an instructor’s absence requires that a class be postponed. Weekday lessons will be made up at the next normal day of the week (i.e. a MONDAY makeup for a MW class) or on a future Friday to be announced at the next regularly scheduled class. Saturday classes will be made up on a Sunday or on an extended Saturday. REFUNDS No makeups or refunds (partial or whole) will be given for classes missed by the student. -Refunds will only be allowed for cancellations received at least 5 days prior to the first class. D. RAIN POLICY Students will call into the Recreation Department regarding status of classes on rainy days. The instructor will call students if he or she has to postpone a class on a sunny day due to illness or other special circumstances. i11. JR. LEAGUE TEAM TENNIS (Summer Camp) A. FEES Fees are $135.00 per person for eight weeks of top-flight instruction, extensive practice and exciting match play for intermediate and high intermediate players, ages 9-15. The Recreation Department marks up the fee charged by CONSULTANT to determine the fee charged to residents. The CITY reserves the right to adjust the mark up applied. B. PRACTICE IV. Players practice twice a week and play another CITY Team on Fridays. C. The final four teams advance to the championship rounds held at Stanford University. INDIVIDUAL LESSONS o~osio 12 Individual lessons will be scheduled one on one with Instructor. The Fee will be $60.00 for a one hour lesson or $165.00 for three one hour lessons. An additional $5.00 will be charged for each additional student. CONSULTANT will be reimbursed 70% of the total fees. oso3~o 13 EXHIBIT "B" SCHEDULE OF PERFORMANCE CONSULTANT (Instructor) shall teach classes, provide individual lessons and Summer Camps through Palo Alto Recreation Division during the period of July 1, 2007 thru June 30, 2008, according to instructor’s schedule, as approved by the City of Palo Alto. Because of the high volume of students that register for tennis classes and individual lessons, classes shall be offered five times a week, either on a Tuesday/Thursday or ¯Monday/VVednesday basis. Classes will also be offered on Saturdays. Individual lesson times will be arranged between the instructor and student(s). o5o3zo 14 EXHIBIT "C" COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the number of students registered and the Fees charged per class as detailed below. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit "A" shall not exceed $96,500.00. CONSULTANT agrees to complete all Services within this amount. In the event CITY authorizes any Additional Services, the maximum compensation for these additional services shall not exceed $9,650.00. Anywork performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. All Class, Lesson and Camp Fees are to be received by the CITY and paid to the CONSULTANT according to the following compensation schedule. - CITY shall pay CONSULTANT: DESCRIPTION of ACTIVITY AMOUNT OF COMPENSATION o Adult and Youth Group Classes (6 one hour lessons-2-8 students per class) Youth Group Classes-Ages 5 to 8 (6 45 minute lessons-2-6 students per class) Junior League Tennis (Summer Camp) (Ages 9 to 15) 4.Individual Lessons Fees charged will be $60.00 per hour or $165.00 for three one hour lessons. An¯additional $5.00 per student will be charged for each additional student. $40.00 per registered student $40.00 per registered student $135.00 per registered student 70% of Resident Fee Compensation for services will be made payable to John Whitlinger and will be mailed to: 260 Hedge Road, Menlo Park, CA 94025. o5o3~o 15