HomeMy WebLinkAbout2004-03-01 City Council (9)TO:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL ~
FROM:CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
DATE:
SUBJECT:
MARCH 1, 2004 CMR: 143:04
APPROVAL OF CONTRACT WITH JOHN T. WHITLINGER IN
AN AMOUNT NOT TO EXCEED $265,000 FOR TENNIS CLASSES
AND INDIVIDUAL LESSONS FOR YOUTH AND ADULTS
RECOMMENDATION
Staff recommends that Council:
1. Approve and authorize the Mayor to execute the attached contract with John T.
Whitlinger in an amount not to exceed $97,166 for the first year for tennis classes
and individual lessons.
2.Authorize the City Manager or his designee to renew the contract for the (second
and/or third year) provided the proposed cost of the renewal contract does not
exceed the prior contract year amount plus the Consumer Price Index for all urban
consumers (San Francisco - Oakland - 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 ten 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 proposal (RFP) to four tennis instruction providers on November
18, 2003 and posted the RFP at City Hall. Firms were given twenty-one days to respond
to the request. Staff personally contacted other vendors to encourage them to respond.
However, only one tennis instruction provider, John Whitlinger, responded.
CMR:143:04 Page 1 of 2
to the request. Staff personally contacted other vendors to encourage them to respond.
However, only one tennis instruction provider, John Whitlinger, responded.
A selection advisory committee consisting of Minka Van der Zwaag, Sharon Eva and
Laura Pearce reviewed the proposal and determined it was appropriate to award the
contract to John Whitlinger. Whitlinger provides a wide range of tennis classes and
individual tennis lessons for adults and youth at all skill levels. 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 ranking. In addition, John 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 an amount not to exceed $97,166 per year, plus the Consumer
Price Index or 3 percent whichever amount is less. Funds for the first year in the amount
of $97,166 are included in the FY 2003-2004 Operating Budget.
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
SHARON C. EVA
Class Coordinator, Community Services Department
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
R!CHARD JAME~ ./ ....
Director, Commuinity Services Department
/
EMIL’~"HARRIS ON
Assistant City Manager
CMR: 143:04 Page 2 of 2
AGREEMENT
BY AND BETWEEN. THE CITY OF PALO ALTO AND
JOHN T.WHITLINGER FOR TENNIS CLASSES AND
INDIVIDUAL TENNIS LESSONS
THIS AGREEMENT is made and entered into this day of
, 2004, by and between the CITY OF PALO 9~TO, a
municipal corporation of California, hereinafter referred to as
"CITY," and JOHN T. WHITLINGER, 260 Hedge Road, Men!o Park, CA
9402Z (Taxpayer Identification Number , hereinafter
referred to as "CONTP~hCTOR".
WITNES SETH:
Wo.=RSAS, CITY d=~ires to provide tennis classes and
individua! tennis lessons through CITY’S Recreation Division; and
WHEREAS, CITY desires to engage CONT~hCTOR to provide
these services by reason of his qualifications and experience for
perfo~ming such services, and CONT~hCTOR has effered Eo mrovide the
recuired services on the terms and in the manner set forth herein;
NOW, THEREFORE, in consideration
covenants, the parties hereto agree as follows:
of their mutual
i ~ ci tv
The City Manamer shall be representative of CITY for a!l
purposes under this Agreement. SEhRON EVA is desimnated as the
PROJECT ~£hNAGER for the.gity Manager, and she shall supervise the
progress and execuZion of this Agreement.
CONmn~cmOR shal~ assign ’ " n~Y~.~.......= a s~nG±e _~,~ DIRECTOR to have
over,i! responsibility for the progress and execution of this
Agreement for CONTraCTOR. TOM S_~D h~_e~v~ is d~_~n~e~=~ -e ~ as the
PROJEC~ DIRECTOR for CONTP~ACTOR. Should circumstances or
.... n _un_= Agreement require acon@~r~o..s subsecuent to the execution of ~’ {-
substitute PROJECT DIRECTOR for any reason, the PROJECT DIRECTOR
designee - -~=h=:= be subject to the prior written approval of the
PROJECT [~hNAGER.
040224 sd! 7060770
SECTION 2 - DUTIES OF CONT~hCTOR
2.1 Services to be Furnished
CONT~hCTOR shall provide tennis lessons and individual
tennis classes as requested by C!TY and in accordance wi:h and on
the terms and conditions set forth in Exhibits "A" and "A-i", a
copy of which is attached hereto and incorporated herein.
2 2 Laws to be Ob=ercre~
CONT~hCTOR shall:
2.2.!Procure all permits and licenses, pay all
charges and fees, and give al! notices which may be necessary and
incident to the due and lawfu! prosecution of the services to be
performed by CONT~CTOR under this Agreement.
2.2.2 Keep itself fully informed of all
existing and future federal, state, and local laws, ordinances,
regulations, orders, and decrees which may affect those engaged or
employed under this A~reement, any materials used in CONT~hCTOR’s
performance under this Agreement, or the conduct of the services
under this Agreement.
2 2 3 At a~] times observe and comm~v with, and
cause a!l of its subcontractors and ~mp~o]e~s, A~ any, zo observe
and comply with, a!! of said laws, ordinances, regulations, orders
and decrees mentioned above.
2.2.4 !~mediately report zo the PROJECT YrhNAGER
in wr~ =~,,/ ~=~cy ~: ~nconsistencv IL ~!scovers in said
~aws, ordinances,~ ~’--= ~~.egu!=~:o~_, orders, and decrees mentioned above
in relation to any ~rovisions of this Agreement.
SECTION 3 - COMPENSATION
3.1 For furnishing tennis classes and individua! tennis
lessons, CONTP<hC~OR shal! be paid in accordance with Exhibit "B"
Total compensation to CONTkhCTOR for all services provided under
:his Agreement shal! not exceed Ninety-Seven Thousand One Hundred
Six~y-Six Dollars ($97,166.00) per contrac~ year.
3.2 CONT~hCTOR shall be paid no less often than monthly
for al! tennis classes. The amount payable to CONfabs=OR shal~ be
computed by the number of people who for a tennis class,
!ess the number of meom!e who cancel t~e~r ~--~ ~r-~ ":~: :he
040224 sdI 7050770
class cancellation period times the per registrant fee set forth in
mxn=b~ .
CONTRACTOR shal! be paid no less often than monthly for
al! individual tennis instruction. The amount payable .to
CONTRACTOR shal! be the to~ai amount collected for such instruction
by CONTRACTOR times eighty percent (80%). Al! checks collected
from students for individua! tennis lessons shall be made payable
to CITY.
3.3 if this contract is extended by the parties pursuant
to Section ~, the commensation rate paid to CONT~hC_OR shall be the
~a~ charged the previous year for ~ ^___ -~~n= same service,~]us an amount
not to exceed the change in Consumer Price Index for al! urban
consumers (San Francisco-Oakland-San Jose, CA)or three (3)
percent, whichever amount is less.
3.4 Al! compensation payable hereunder shall be subject
to the appropriation of funds by CITY’s Counci! for the applicable
fiscal year during which such services are to be or are rendered.
in the event funds a_~<= not apmromriated_ . for services to be rendered
~n ~nv f~sca] v~ar durin~ the term of th~s Agreement, this
z=_m_.~=~d at <he end of the fisca! yearAgreement shall be deemed -~
for which funds are ammromriated No menaltv shall accrue to
in the =~ve__ this Agreement is terminated pursuant to the
provisions of this Section 3.4, and CITY shall not be liable for
any future pa~_rments due or for any damages as a resui< of the
termination of this ~_g~em~n~ pursuant hereto.
SECTION 4 - TERM
This Agreement shall commence on the date executed by
.......... ce and effect through June 30,
2004, unless the Agreement is extended. City has the option but
not the obligation to exuend this Agreement for two (2) additional
one (!) year terms.
mTCmT N ...........~. ~_O.. 5 - SUSPENSION; T<RMTN~TTOI~
5.~: ...........:=~wO~=~y Susoens~on_ _ ..... The City Manager sha~]__ have
the authority to suspend this Agreement, wholly or in part, for
such period as he deems necessary due to unfavorable conditions or
due to the failure on the parr of the CONTKhCTOR to perform any
provision of :his Agreement.
5.2 Right to Susmend or Terminate
The City Manager may suspend or terminate this Agreement
for any reason by giving seven (7) days’ written notice to
~ON = _~s.C _. 0.~,. Upon feces_mr of such notis:, ~:~ - .~ _ ~_~ shall
-:-~:-~^~’" ~-’ .....’his_n~:=~=:~ ~_.~:~-_.r~ue u~_=~r~=n~ ur:der this Agreement.
040224 sdI 7060770
Upon such suspension or termination, CONTRACTOR shall be
paid for al! services actually rendered to CITY to the date of such
suspension or termination; provided, however, if this Agreement is
suspended or terminated for:au=~: 7~ of CONTRACTOR,_ C!TY shall be
obligated :o compensate CONTRACTOR only for that portion of
CONTRACTOR’s services which are of bene=!~ to CITY.
~m . H~,~. ;~.~LOYEES.S~_.!ON 6 AS <~ v.~-_ S_~N ......SUBCONT_.~hCTORS ;
6 ~ As si@nment
This agreement shall not be assigned or transferred
without the written consent of the CITY. No amen6ments, changes or
variations of any kind are authorized without the written consent
of the City Manager.
6.2 Subcontractors; Emm!ovees
CON=RAC~R shall be resmonsible for employing or engaging
al! persons necessary to perform the services of CONTRACTOR
hereunder. CONT.RACTOR shall use those individuals listed in
Exhibit "’~-~" to _mrovi~ services under this A~reement.~ ~:~Y~’~" ~ha~
approve in advance the use of any other persons provide service
under this_hm~eement.~_ _ No subcontractor o{_ CONT~hCTOR "w_..~ ~ be
recognized by CITY as such; razher, al! subcontractors are deemed
to be emmloyees of CONTK%CTOR, and ~ agrees to be resDons b,= {o~
~heir _ =~ ~ =__’’m ....rm=nc~. CONT~hCTOR shall give ~rs personal attention to
the fulfillment of the provisions of this A~reement by al! of its
emm:oyees =n@ subcontractors, if any, and shall kee~ zne work under
its control. If any emp!oye~ or subcontractor of CONTKhCTOR fails
mrov~s~ons of thi~ Agreement or appears
to be incomperen: or to act in a disorderly or improper manner, he
or .... ~<~= shall be dischar@ed_ i~ediatelv_ from the w~_~<~r~ under :his
Agreement on @em=:~d of the PROJECT M~_N:~GmR.
SECTION 7 - NOTICES
~]notices he ....~@~-~-~ ¯....=~=== me given in writing and
mail=~,_~ postage prepaid, by_ certified m===,~ addressed as follows:
Office o{ the City Clerk
P.O. Box 10250
~ ~to, CA 94303
To CONT~hCTOR: Attention of the PROJECT DIRECTOR
az the address of CONTRACTOR recited
above
040224 sdl 7060770
SECTION 8 -INTEREST OF ~ON~P,A~_OR
In accepting this Agreement, CONTRACTOR covenants that it
presently has no interest, and shal! not acquire any interest,
direct or indirect, financia! or otherwise, which would conflict in
any manner or degree with the performance of the services
hereunder. CONTRACTOR further covenants that, in the performance
of this Agreement, no subcontractor or person having such an
interest shall be emp!oyed. CONTKhCTOR certifies that no one who
has or wil! have any financial interest under this Agreement is an
officer or employee of CITY. it is_expressly agreed that in the
performance of the professiona! services required under this
Agreement CONTKhCTOR, and any of its subconsu!tants or employees,
shall at all times be considered independent contractors and not
agents or employees of CITY.
SECTION 9 - AUDITS
CONTRACTOR agrees to.mermit CITY to au@!~’~, at any
reasonable time, CONTKhCTOR’s records pertaining to matters covered
by this agreement.
SECTION !0 - INDEMNITY
CONT~hCTOR agrees to indemm.ify, defend and hold harmless
CITY, its officers, agents and employees from any and al! demands,
claims, or liability of any nature, caused by or arising out of
CONT~hCTOR’s, its officers’, agents’, SUBCONTKhCTORS’ or emp!oyees’
negligent acts, errors, orom~ss~o..~,~ ~ n~ or w~]]~] ....... misconduct, or
conduct for which the law imposes strict liability on CONTKhCTOR in
the oerformance or failure to oerform this Agreement.
SECTION !! - WORKERS’ COMPENSATION
CONTKhCTOR, 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 :o be insured against
liability for workers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies that
it wi!l comply with such provisions before coK~mencing the
performance of the work of this Agreement.
CONTP~hCTOR, at its sole cost and expense, shall obtain
and maintain in ful! force and effect throughout the entire term of
this A~reement the insurance coverage described in Exhibit "C",
insuring not only CONT~hCTOR, but a!so (Qith the exception of
workers’ compensation and employer’s liability insurance), CITY,
its officers, agents, and employees, and each of :hem wi:h respect
0409-24 sd17060770
to activities and ~-i~=. ....se~_~s performed by CO~m~CmOR for or on behalf
of CITY under the provisions of this Agreement.
Ce.t__!~=zes of such insurance, prezeram±y on the forms
_Tm ~ha77~rovided by C_~Y, ....be filed wi~h CTmv concurrently with
execution of this Agreement or, with CITY’s approval, within
(i0) working days thereafter. ==zd cert!zzcares shall be subject
to the approval of the City Attorney and shall contain an
endorsement -uau=ng that said insurance is primary coverage and
wil! not be canceled or altered by the insurer excemt after filing
with the City Clerk thirty (30) days’ written notice of such
cancellation cr alteration, and Chat the City of Palo Alto is named
as an addi:iona! insured (except onm~z~s~’~:= of m~o~=ssionai
liability insurance )Current ~ ~i{~ ~’¯~e .....ca~es of such znsurance shall
be keo~ on file at all times during ~he te.~m of ~his Agreement with
the City Clerk.
SECTION 13 - AGREEMENT BINDING
The terms, covenants, and conditions of this Agreement
shal! apply to, and shall bind, the heirs, successors, executors,
a~miniscrators, assigns, and subcontractors of both ~arties.
SECTION 14 -WAIVERS
The waiver by either party of any breach or violation of
any term, covenant,or condition of this Agreement or of any"’=~m=~be waiver OZprovision, or~znance,or law shall not be d .......to a -
any other term, covenant, condition, ordinance, or law or of any
subsecuent breach or viola:ion of the same or of any other +-~
covenant, condition, ordinance, or law The subse~uen:=~=~e~n~=
by either party of any fee or oth=~ ....money -,~i~:_c~ ~ may_become due
~.~r=~m~ ~; the other Dart}, ~.~ any ~ ....
this ~.a<~eme~t or of any a~mlicab!e law or ordinance.
The prevailing party in any action brought to enforce the
<e.rms of this Agreement or arising out of this ~ ....... ~
recover it< reasonable ~=+~ =~ ~÷ ....... = ........... ~
connection with such an action from the other party.
No ma~..m~ent, ma<:ial ma~r.~ent, accemtance, or mart!-"
a~m¢~c=~____~. ~ by CITY shall opera=e as a waiver on =he part of C~TY_ of
any of its rights under =his Agreement.
04022~ sd17060770
SECTION 17 -NONDISCRIMINATION; PENALTY
_77.~ ~ Duty of Contractor
As set forth in the Paio Alto Municipa! Code, no
discrimination will be made in <he emp!oyment of any person under
this Contract because of the age, race, color, national origin,
ancestry, religion, disability, sexual nreference or gender of that
nerson, if the value of nhis Contract is, or may be, five thousand
dollars ($5,000) or more, CONT~hCTOR agrees to meet all
requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in emp!oyment, including completing the requisite
form furnished by CITY and set forth in Exhibit "D".
if CONTRACTOR is found in violation oz the
nondiscrimination provisions of the State of California Fair
Emp!oyment Practices Act or similar provisions of Federal law or
executive order in the er{ormance of this Contract it wil! be in
oe~au=_ of th{s Contract. Thereupon, CYP¥ wi~ have the power to
cancel or suspend this Contracz, in whole or in part, or to deduct
the sum of twenty-five dollars ($25) for each person for each
calendar day during which such person was subjected to acts of
discrimination, as damages for breach of contract, or both. Only
= finding of the State o{ California Fair Emp!oyment Practices
Co~miss~on or the e~uiva~ ~~en~ federal agency or ;~ -~ ,~]]
constitute evidence of a breach of this Contract.
SECTION ~8 - ~G~rm,~mN~ CONTAmNS ALL U~.DmR~T~NDINGS;
:~_<~EN DMENT
This docum~n ~ represents the entire and integrated
a@re=m=~ between CITY and CONTPS.CTOR and supersedes all mrior
negotiations, representations, and agreements, either written or
ora!. This document may be amended only by written instrument,
signed by both C±_,Y and CONTRACTOR. A!l provisions o~ this
Agreement are expressly made conditions.
//
//
//
//
/ /
040224 sdl 7060770
SECTION 19 - GOVERNING LAW
This Agreement shal! be governed by the laws of the State
of California.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
ATTEST:CITY OF PALO ALTO
Assistant City Manager
A2PROV~D AS TO FORM:
Senior Asst. Ci=y Attorney
Director, A6ministrative Services
Direc:or of Community Services
insurance Review
Attachment s :
EXHIBIT "A" & "A-!""
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "D":
Taxpayer identification No.
Scope of Services
Rate Schedule
Certificate of insurance
Certificate of
Discrimination
Non
040224 sd! 7060770
CERTIFICATE OF ACKNOWLEDGEMENT
(Civil Code § 1189)
COUNTY
~Notary Public in and for said County and///," iW~I !I~ . ~,, :~’ a
personally appeared ~ ~c~,
personally known ~o me or mroved to me on the basis of satisfactory
evidence to be the person6~J whose name(~9 is/,a~e subscribed to the
within instrument and acknowledged to me tha: he/s~!t4~e5, executed
the same in his/.h~__/t..~_r authorized capacity(’_~), and that by
his/~e~k/~-’.r signature~) on the instrument the person~-s), or the
en=ity upon behalf of which the person(~# acted, executed the
instrument.
WITNESS my hand and :=~-’-" .o~z~: sea!
SignatUre of Nota±y Public
040224 sdt 7060770
EXHIBIT "A"
SCOPE OF SERVICES
CONTRACTOR to teach classes and or camps through Pa!o
Alto Recreation Division according to CONTRACTOR’s schedule, as
approved by the City of Pa!o Alto. The CITY shall provide
facilities suitable for the class.CONTP~CTOR agrees to comply
winh all applicable City policies.
CONTP~.CTOR and City will share all promotional efforts.
Each party ro bear their own cost of their promotional efforts.
The CITY must approve al! promotiona! flyers and brochures and
affix the CITY’s Recreation logo, prior to distribution.
The CITY wil! orocess all registrations and wil! provide
the _ .’CuN:Ka~TOR with nuK~er of registrants CONTKhCTOR ~s
resDonsible~ for ~aking "roll"_ ....and confirming -=~sr_=u_on’r-={ hummers."
The classes and individual lessons ~hat_.. are offered - :l~=_=
focus on novice, low intermediate, intermediate, and high
....~=~m=a~=ee~__ ~_~ !eve±s, in order to accommodate a~l__ s}~l±~ _~]=v=]~ ....
individua! lessons wil! be el=her one student and one instructor or
two students and one instructor. Group_ lessons should _.=v~h- = no
creater than an 8-1 student/teacher ration for ages 9 and up and a
6-1-~u~ ~en~’~=~..~ ~=c__=rh- ration for ages 5 to 8.
CONTRACTOR will have the same instructors quarter by
quarter to gain stability and comfort with students and to ensure
that the classes and individua! lessons are consistent with
teachin~ techniques unless approved by City pursuant to section 6.2
herein
CONTBS.CTOR further agrees to submit the fo!!owinc prior
to the start of this contract:
@
¯
Proof Negative TB tests for all staff working wi:h
children
children.
Signed cop], of the Declaration of Emp!oyee Safety i~S-!4.
insurance in accordance with City guidelines.
copy of W-9 form
040224 sdl 7060770
i0
Dec. 3rd, 2003
Laura Pearce
250 Hamilton Avenue
Palo Alto, CA 94301
Dear Laura,
My associate, Tom Sarsfield, and I have been serving the Palo Alto Tennis community for
the past 18 years. In that time we have developed a highly successful program for five to
eight years old called ’q’errific Tiny Tennis", two junior league tennis teams in the summer for
9-15 year olds, Novice to High Intermediate classes for youth and adults, and individual
lessons for all ages. We look forward to the challenge of maintaining a first class tennis
program for the City of Palo Alto.
GROUP LESSONS
1 .FEES are $35 .per student for 6 one-hour lessons. The recreation department marks up
the fee for residents to $55 per person. Weekday lessons will be held twice a week on
Mondays & Wednesdays, and Tuesdays & Thursdays. We will also offer classes on
Saturdays. Class size is 2-8 students. Classes of two will be converted into four semi-
private lessons. Classes of one or zero would be canceled. New classes may be formed
from waiting lists.
2. 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 meeting. Saturday lessons
will be made up on a Sunday or on an extended Saturday.
3. REFUNDS: No makeups or refunds (partial or whole) will be given for classes missed
by the student after the second lesson.
4. RAIN POLIOY." 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 postponed on a
sunny day because of illness or special circumstances.
JR. LEAGUE TEAM TENNIS
1. FEES are $125 per person for eight weeks of top-flight instruction, extensive practice
and exciting match play for intermediate and high intermediate players, age 9-15. The
markup for residents is approximately $159 per person.
2. Players practice twice a week and play another one of our city teams on Fridays.
3. The final four teams advance to the championship rounds held at Stanford University’.
INDIVIDUAL LESSONS
1. $50 for a one hour lesson OR $135 for three one hour lessons. An additional $5per person for each additional student. We get reimbursed 80% of the total fees.
REIMBURSEMENTS
All reimbursements to us will be made payable to me, John Whit#nger, and mailed to my
address at 260 Hedge Road, Menlo Park, CA 94025.
STAFF
1. I’m currently the Men’s Tennis Associate Head Coach at Stanford University. I have
been running recreational tennis programs since 1986. You can read more about me onpage MT-5 in the enclosed Stanford Tennis media guide.
2. Tom Sarsfield is a United States Professional Tennis Association (USPTA) P-1
professional who has been working with me since 1987. He has earned a teaching
.credent!al in physical education from San Jose State University and has been instrumenta~
~n growing the game of tennis in the Bay Area. In 2002 he was awarded All-American
status for his community work by the United States Tennis Association. He is the day to
day director and communication link with the recreation departments.
3. Our current instructors are Terry Billings (5th year), George Ma (5th year), Nell Da Silva
(3rd year), Steven Falk (2nd Year), and Eddie Reed (2nd year). Al! of them except Eddie
are certified USPTA professionals. Eddie has over 20 years of tennis experience.
INSURANCEThe city of Palo Alto and all of our instructors are covered by a $9 million liability policy by
the USPTA. The recreation department should have the current policy on file.
REFERENCES
1 .DICK GOULD, Men’s Tennis Coach- Stanford University, 650 723-1160
2.LELE FOROOD, Women’s Tennis Coach- Stanford University, 650 723-9540
3.FRANK BRENNAN, Asst. Women’s Tennis Coach- Stanford University, 650 725-7978
4. DAVE HIGAKI, Director East Palo Alto Tennis & Tutorial, 650 494-0577
5. Dr. ROGER MACK, Economics Professor Stanford/DeAnza, 408 864-8611
Please call me or Tom Sarsfield (408)745-6i71 if you have any questions, concerns, or if
you need any more information.
At your service,
John Whitiinger
Stanford Men’s Tennis Coach
(650)725-5648
EXHIBIT "B"
RATE SCHEDULE
Al! class fees to be received by the City of Palo Alto and
Paid to the contractor according to the following compensation
schedule.
City shal! pay CONTP._ACTOR:
Adu±u and Youth ClassesFor"~
(6 hours of lessons)
For Terrific Tiny Ter~nis Classes
(four 45 min lessons)
For Terrific Tiny Tennis Classes
(six 45 min lessons)
For Jum.ior League Tennis
Individua! Lessons
$35 per registrant
$25 per reg_sura.~u
$35 per registrant
$120 per registrant
80% of resident fee
7060770
l!
ACORD,
PRODbCER
JINSURED ~
;OVERAGES
CERTIFICATE OF LIABILITY INSURANCE Pa,,e 1 of 3
877-945-7378
Willis North America, !nc. - Regional Cert Center
26 Cemtury Blv~.
P. O. Box 305191
Nashville, TN 372305191
United S~ates Professional TeD/~is Association, In~.INSURERA: Gulf Unde-~-~-ri~ers !nsure~ce Compe_~y
3535 Briarpark Drive I INSURERB: Gulf Insurance Co.
~oustoa, TX 77042
INSURER C:
INSURER D:
INSURER E:
DATE
02/03/200~_
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTSUPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOESNOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDEDBY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCHPOLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR {TYPE OFINSURANCE {POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
_LTR DATE IMM/DD,’YY} DATE !’MM/DD/YY)LIMITS
GENERALUABILITY CLP7752985 12/31/2003 i 12/31/20Q4= EACHOCCURRENC.E I S
X-~ COMMERCIAL GENERAL LIABILITY I I FIRE DAMAGE (Any one fi,e)$
~ CLA, MSMADE ~ OCCUR I t ~ MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
GEN’L AGGREGATE Ltt,4~ APPLIES PER:PRODUCTS - COMP/OP AGG
-~ POLICY t 1 JEC
AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT--~1 ANY AUTO (Ea accident)
~_~..! ALL OWNED AUTOS BODILY INJURY
_~i SCHEDULED AUTOS (Per person)$
I HIRED AUTOS BODILY INJURY"-~ NON-OWNED AUTOS (Per accident)$__J .
PROPERTY DAMAGEIPer accident)
~.L__.G._A_~RAGE LIABIUTY AUTO ONLY- EA ACCIDENT~_{~ ANY AUTO OTHER THAN EA ACC
AUTO ONLY:AGG
L~__X~CESSLIABIUTY CU7802051 12/31/2003 12/31/2004 ~ACHOCCURRENCE
tl_~ OCCUR ~! CLA,MS MADE AGGREGATE
.! ,!OEOUCTIBL~
! ~,! R~E~.’T,ON .~ 10, ooo .
WORKERS CON~PENSATION AND i i WC STATU- I IOTH-
Eh’tPLOYERS’ LIABILITY t TORY LIMITS,[¯ E.LACCIDENTiS
[ EL D,S~S~:-PDUCYUM,T 1 S
OTHER
!,000,000
i00,000
$
!s ~,ooo,0oo
I~ &,ODD,ODD
1,000,000
$
!$
iS 3,000,000
DESCRIPTION OF OPERA~ONS/LOCA~ONS~EHICLES/~CLUSIONS ADDED BY ENDORSEMEN~SPECIAL PROVISIONS
~ember Na~e: Thomas Sarsfield MemiDer# 10812
]~ited States Professiona! Tem-~is Association, Members of the United States Professional Ten~is
issoci&tio~ (Certified & Pending) and Sponsored Non Member Teaching Assistants of the USPTA Members
ISPTA Members are IAsu~ed for C-e~erai Liability w~th regard to playing teaching or officiating
?ena~is or operatinW a tennis ball machine for ~racticinq or teachinq.
;ER~FICATE HOLDER I iADDITIONALINSURED;INSURERLETTER: CANCELLATION
City of Palo Alto
1305 Middlefield Road
Palo~ Alto, CA 94301
,CORD 25-S (7/97)
SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFQRETHE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEF’T, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
PEP ~’q~ENTATIVES. ~ ,
! .f)..44, ~----,
Coli : 912279 Tpi : 230473 Certi~. 40"26440 <"~-ACORD CORPORATION 1988
w ll s
PRODUCER
DATECERTIFICATE OF LIABILITY INSURANCE_ a e
87?-9~5-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willis North America, Inc.-Regio~a! Cert Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd.ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 305191
Nashville, TN 372305191 INSURERS AFFORDING COVERAGE
INSURED U~ited States Professional TeD-~is Association, IndJNSURERA:Gh/If U~der~criters Insur~ce Compamy
3535 Briarperk Drive
~ [INSURERB:GulfI~s%Lr~ce Co.~ouston, TX 77042
INSUNERC:
INSURERD:
tNSURER E:
DESCRIP~ON OF OPERAT]ONSILOCA33ONS~EHICLES/EXCLUSIONS ADD=~D BY ENDORSEMENTISPECIAL PROVISIONS
42811-000
22217-001
Co11:912279 Tp1:230473 Cert:4026440
Page 3 of 3
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
,CORD 25-S (7/97)Coil : 912279 Tp! : 230473 Cert :4026440
CERTIFICATION OF NONDISCRIMINATION SECTION 410
PROJECT: Provision of Tennis Instruction Services
Certification of Nondiscrimination:
As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below
certify that they do not discriminate in employment with regards to age, race, color, religion, sex,
national origin, ancestry, disability, or sexual preference; that they are in compliance with all
Federal, State, and local directives and executive orders regarding nondiscrimination in
employment.
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW.
Firm:
Signature:
Name:
(PRINT OR TYPE NAME)
Signature:
Name:
(PRINT OR TYPE NAME)
Note:The City, pursuant to California Corporations Code Section 313 requires two corporate
officers to execute contracts.
*The signature of First Officer* must be one of the following: Chairman of the
Board; President; or Vice President.
**The signature of the Second Officer** must be one of the following: Secretary;
Assistant Secretary; Chief Financial Officer," or Assistant Treasurer.
(In the alternative, a certified corporate resolution attesting to the signatory
authority of the individuals signing in their respective capacities is acceptable)
CITY OF PALO ALTO 101223 PAGE 1 OF 1