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HomeMy WebLinkAbout2004-04-12 City CouncilTO: City of Palo Alto City Mana r’s Report HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: COMMUNITY SERVICES DATE:APRIL 12, 2004 CMR: 185:04 SUBJECT:APPROVAL OF A CONTRACT WITH SKYHAWKS SPORTS ACADEMY FOR RECREATION YOUTH SPORTS CONTRACT CAMPS RECOMMENDATION Staff reconv-nends that Council approve and authorize the Mayor to execute the attached a~eement with Sk3,hawks Sports Academy, Inc. in the amount of $100,000 for FY ’04-’05, toprovide revenue-producing youth sports camps on a contract basis, and to authorize the City, Manager to renew the contract for up to two additional one-year terms in the mnount of $ I00,000 per year. BACKGROUND 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 during each year’s budget process. Should registration for any of these activities fall short of the minimum required enrollment, the activity, is canceled. Any fee collected for a cancelled activity, is returned to registrants, with no payment to the contractor. A processing fee is collected for cancelled registrations. SkD’hawks Sports Academy provides and colnpensates instructors for a variety, of sports camps conducted prilnarily during the surmner months of June, July and August. SkThawks has provided sports camps on behalf of the City, for approximately 10 3;ears. Customer evaluations have consistently rated Slcyhawks instructors and service from good to excellent. Program participants in the Sl~hawks Sports Camps have exceeded !,000 per year. To ensure quali~ service and competitive pricing for the sulrnner of 2004, staff initiated a request for proposals in November of 2003. Finns were given 21 days to respond to the request. Staff also directly, contacted other vendors and encouraged them to respond. S~hawks was the only vendor to respond. No other vendor was able to offer as wide a variety; of camps with as much frequency as SkThawks. CMR 185:04 Page 1 of 2 A vendor selection coirunittee consisting of staff from the Comlnunity Services and Administrative Services Departments reviewed the proposal and determined it was appropriate to award the contract to Skyhawks. AI,TERNATIVES TO STAFF RECOMMENDATION The only viable alternative is to conduct the pro~am with City staff. This would require an undetermined amount of salaw and supply dollars to be added to the budget. This option would not be as cost effective as a contractual an’angement for services such as those from Skyhawks. FISCAl. IMPACT The contract will be in an amount not to exceed $100,000 per year. Funding for this contract is included in the FY ’04-’05 Budget. Funding for the second and third years of the contract would be included in the proposed budgets. Staff estimates that Skyhawks annually generates $140,000 in revenue. Cost recover), is approximately 130 percent. POI,ICY IMPI,ICATIONS This report does not represent an?, change to existing City policies. TIMEI,INE If approved, the contract would be implemented July 1, 2004 and continue in effect through June 30, 2007 should the City manager approve the contract for t-wo additional one-year tenns. ENVIRONMENTAl, REVIEW Approval of the attached contract is not subject to the California Envirorunental Quality Act (CEQA) under Section 15061 (b)(3) of the CEQA Guidelines. ATTACHMENTS Attacl-unent A: PREPARED BY: Contr,act with Skyhawks SpA~ts Academy ERIC CHRISTENSEN Supervisor DEPARTMENT HEAD: CITY MANAGER APPROVAL: HARRISON Assistant City Manager CMR 185:04 Page 2 of 2 AGREEMENT BY A!qD BETWEEN THE CITY OF PALO ALTO AND SKYHAWKS SPORTS ACADMEY, INC. FOR RECREATION YOUTH SPORTS CAMPS THIS AGREEMENT is made and entered into this day of , 2004, by and between the CITY OF PALO ALTO, a municipal corporation of California, hereinafter referred to as "CITY," and SKYHAWKS SPORTS ACADEMY, INC., a Washington corporation, 12020 N. Mil! Road, Spokane, WA 99128 (Taxpayer Identification Number 91-1549581), hereinafter referred to as "CONTRACTOR" W I T N E S S E T E: WHEREAS, CITY desires to provide sports camps and programs for children 4 to 14 years of age through CITY’S Recreation Division; and WHEREAS, CITY desires to engage CONTRACTOR to provide these services by reason of its qualifications and experience for performing such servicesl and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: SECTION 1 - PROJECT COORDINATION l.l City The City Manager shall be representative of CITY for all purposes under this Agreement. ERIC CHRISTENSEN is designated as the PROJECT MANAGER for the City Manager, and she shall supervise the progress and execution of this Agreement. 1.2 Contractor CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. PHIL CHAMPLIN, Business Manager is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a s~_bstitute PROJECT DIRECTOR for any reason, the PROJECT DIRECTOR designee shall be subject to the prior written approval of the PROJECT MANAGER. // 040405 c17060784 SECTION 2 - DUTIES OF CONTRACTOR 2.1 Services to be Furnished CONTRACTOR shall provide sports programs and camps for children 4 through 14 years of age as requested by CITY and in accordance with and on the terms and conditions set forth in Exhibit "A", a copy of which is attached hereto and incorporated herein. 2.2 Laws to be Observed CONTRACTOR shal!: 2.2.1 Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the services to be performed by CONTRACTOR 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 emp!oyed under this Agreement, any materials used in CONTRACTOR’s performance under this Agreement, or the conduct of the services under this Agreement. 2.2.3 At all times observe and comply with, and cause all of its subcontractors and employees, if any, to observe and comply with, all of said laws, ordinances, regulations, orders and decrees mentioned above. 2.2.4 Immediately report to the PROJECT MANAGER in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any provisions of this Agreement. SECTION 3 - COMPENSATION For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as follows: 3.1 For furnishing sports programs and camps to children 4 through 14 years of age, CONTRACTOR shall be paid in accordance with the rate schedule attached as Exhibit "B" for each class or camp registrant, not including refunds. Total compensation payable under the terms of this agreement shall not exceed One Hundred Thousand Dollars ($i00,000) per contract year. 3.2 CONT~hCTOR shall be paid no less often than monthly. The amount payable to CONTRACTOR shall be computed by the number of people who register for a particular program or camp, less the 040405 ct 7060784 number of people who cancel their registration within the class cancellation period times the per registrant fee. Should registration for any of the activities fall short of the minimum required enrollment, the program or camp will be canceled. Any fee collected for a cancelled program or camp will be returned to registrant with no payment to CONTRACTOR. 3.3 All compensation payable hereundershall be subject to the appropriation of funds by CITy’s Council for the applicable fiscal year during which such services are to be or are rendered. In the event funds are not appropriated for services to be rendered in any fiscal year during the term of this Agreement, this Agreement shall be deemed terminated at the end of the fiscal year for which funds are appropriated. No penalty shal! accrue to CITY in the event this Agreement is terminated pursuant to the provisions of this Section 3.3, and CITY shal! not be liable for any future payments due or for any damages as a result of the termination of this Agreement pursuant hereto. SECTION 4 - TERM This Agreement shall be retroactive to July i, 2004 and shall continue in ful! force and effect through June 30, 2005, unless the Agreement is extended. City has the option but not the obligation to extend this Agreement for two (2) additional one (i) year terms. SECTION 5 - SUSPENSION; TERMINATION 5.1 Temporary Suspension. The City Manager shall 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 part of the CONTRACTOR to perform any provision of this Agreement.- 5.2 Right to Suspend or Terminate The City Manager may suspend or terminate this Agreement for any reason by giving seven (7) days’ written notice to CONTRACTOR. Upon receipt of such notice, CONTRACTOR shall immediately discontinue his performance under this Agreement. 5.3 Payment Upon such suspension or termination, CONTRACTOR shall be paid for all services actually rendered to CITY to the date of such suspension or termination; provided, however, if this Agreement is suspended or terminated for fault of CONTRACTOR, CITY shal! be obligated to compensate CONTRACTOR only for that portion of CONTRACTOR’s services which are of benefit to CITY. 040405 c17060784 SECTION 6 - ASSIGNMENT; SUBCONTRACTORS; EMPLOYEES. 6.1 Assignment This agreement shal! not be assigned or transferred without the written consent of the CITY. No amendments, changes or variations of any kind are authorized without the written consent of the City Manager. 6.2 Subcontractors; E~oloyees CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR hereunder. Prior to providing services under this Agreement, CONTRACTOR will provide CITY with a written list of individuals it intends to use to provide these services. CITY shall approve in advance the use of any persons to provide service under this Agreement. CONTRACTOR shall be responsible for the performance and payment of any and all subcontractors utilized by CONTRACTOR in the performance of this Agreement. CONTRACTOR shall give its persona! attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and shall keep the work under its contro!. If any employee or subcontractor of CONTRACTOR fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she shal! be dischar, ged immediately from the work under this Agreement on demand of the PROJECT MANAGER. SECTION 7 - NOTICES All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mai!, addressed as follows: To CITY:Office of the City Clerk P.O. Box 10250 Palo Alto, CA 94303 To CONTRACTOR: Attention of the PROJECT DIRECTOR at the address of CONTRACTOR recited above SECTION 8 -INTEREST OF CONTRACTOR In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial 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 employed. CONTRACTOR certifies that no one who has or wil! have any financia! interest under this Agreement is an 040405 cl 7060784 4 officer or employee of CITY. It is expressly agreed that in the performance of the professiona! services required under this Agreement CONTRACTOR, and any of its subcontractors or employees, shal! at al! times be considered independent contractors and not agents or emp!oyees of CITY. SECTION 9 - AUDITS CONTRACTOR agrees to permit CITY to audit, at any reasonable time, CONTRACTOR’s records pertaining to matters covered by this agreement. SECTION i0 - iNDEMnITY CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its officers, agents and emp!oyees from any and al! demands, claims, or liability of any nature, caused by or arising out of CONTRACTOR’s, its officers’, agents’, subcontractors’ or employees’ nggligent acts, errors, or omissions, or willful misconduct, or conduct for which the law imposes strict liability on CONTRACTOR in the performance or failure to perform this Agreement. SECTION ii - WORKERS’ COMPENSATION CONTRACTOR, by executing this Agreement, certifies that it is aware of the provisions Df the Labor Code of the State of California which require every emp!oyer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions before commencing the performance of the work of this Agreement. SECTION 12 -INSURANCE CONTRACTOR, at its sole cost and expense, shall obtain and maintain in full force and effect throughout th~ entire term of this Agreement the insurance coverage described in Exhibit "B", insuring not only CONTRACTOR, but also (with the exception of workers’ compensation and employer’s liability insurance), CITY, its officers, agents, and employees, and each of them with respect to activities and services performed by CONTRACTOR for or on behalf of CITY under the provisions of this Agreement. Certificates of such insurance, preferably on the forms provided by CITY, shall be filed with CITY concurrently with the execution of this Agreement or, with CITY’s approval, within ten (i0) working days thereafter. Said certificates shal! be subject to the approval of the City Attorney and shall contain an endorsement stating that said insurance is primary coverage and will not be canceled or altered by the insurer except after filing with the City Clerk thirty (30) days’ written notice of such 040405 c17060784 cancellation or alteration, and that the City of Palo Alto is named as an additional insured (except on policies of professional liability insurance.) Current certificates of such insurance shall be kept on file at all times during the term of this Agreement with the City Clerk. SECTION 13 -AGREEMENT BINDING The terms,covenants, and conditions of this Agreement shal! apply to, and shal! bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 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 provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance. SECTION 15 - COSTS AND ATTORNEYS’ FEES The prevailing party in any action brought to enforce the terms of this Agreement or arising out of" this Agreement may recover its reasonable costs and attorney fees expended in connection with such an action from the other party. SECTION 16 - NO IMPLIED WAIVER No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 17 -NONDISCRIMINATION; PENALTY 17.1 Duty of Contractor As set forth in the Palo Alto Municipal Code, no discrimination will be made in the performance of this Contract because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or gender of that person. If the value of this Contract is, or may be, five thousand dollars ($5,000) or more, CONTRACTOR agrees to meet all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination, including completing the requisite form furnished by CITY and set forth in Exhibit "C" 040405 cl 7060784 17.2 Penalty for Discrimination If CONTRACTOR is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of Federa! law or executive order in the performance of this Contract, it will be in default of this Contract. Thereupon, CITY will have the power to cancel or suspend this Contract, 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 a finding of the State of California Fair Employment Practices Commission or the equivalent federa! agency or officer will constitute evidence of a breach of this Contract. SECTION 18 - AGREEMENT CONTAINS ALL ~DERSTANDINGS; AMENDMENT This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONTRACTOR. Al! provisions of this Agreement are expressly made conditions. // // // // // // // // // // // // 040405 cl 7060784 RPR 06 2004 8=51RM HP LRSER3ET 3200 p.2 SECT!OkT 19 - GOVEP~NiNG LAW This Agreement shall be gove_~ned by the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day ~nd year first above written, ATTEST:CITY OF PALO ALTO City Clerk Mayor APPROVED: Assistant City Manager APPROVED AS TO FORM: Senior Asst. City Attorney Director, Administrative Services SKYHAWKS SPORTS ACADEMY, INC. By Its: Its : _ Taxpayer Identification No. 91-1549581 Director of Community Services Insurance Review ~Com.Dliance with CorD. code § 313 is re.quired if the entity on whose behalf this conZract is signed is a corporation. in the alternative, a certified co.~orate resolution attesting to the sisnatoz-y. authority of ~he individuals si~ning in their respective capacities is acceptable) Attachments: EXHIBIT ~A#: EXHIBIT ~B": EXHIBIT ~C": EXHIBIT ~D": Scope of Services Rate Schedule Certificate of Insurance Certificate of Non Discriminasion 8 RPR OS 2004 8:51HM HP LRSERJET 3200 CERTIFICATE OF ACKNOWLEDGEMENT (Civil Code ~ 1189) me, ~0~ ~ "~< , a Notary Public in and for said County and State, personally appeared ~k~i~ ~ , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument che person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WI~ESS my h~nd and official seal. Signature of Notary Public 040405 17060784 RPR 06 2004 8:S1RM HP LRSERJET 3200 CERTIFICATE OF ACENOWLEDGES~2~f (Civil Code § 1189) STATE OF COUNTY OF On a Notary Publi~]n State, personally appeared , personally known to me.or proved to me on the b~sls of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the wiLhin instrument and acknowledged ~o me that he/she/they executed the same in his/her/their authorized capacity(ies), a~d that by his/her/their signature(s) on the instrument %he person(s), or the entity upon behalf of which the person(s) ac%ed, executed the instrument. WI~ESS my hand and official seal. Signature of Notary Public 04434135 ¢! 70~07~4 i0 EXHIBIT ’~A" SCOPE OF SERVICES CONTRACTOR shall teach classes and/or camps through Palo Alto Recreation Division according to CONTRACTOR’s schedule, as approved by the City of Palo Alto. The CITY shal! provide facilities suitable for the class. CONTRACTOR shall comp!~-with al! applicable City policies. CONTRACTOR and City wil! share all promotional efforts. Each party to bear their own cost of their promotiona! efforts. The CITY must approve all promotiona! flyers and brochures and affix the CITY’s Recreation !ogo, prior to distribution. The CITY will process all registrations and will provide CONTRACTOR with the number of registrants. CONTRACTOR is responsible for taking "roll" and confirming registration numbers. The programs and summer camps offered will focus on programs for children 4 to 14 years of.age, in order to accommodate al! levels of customers. The ratio for classes and summer camps will be 8 to 1 for younger children and i0 to 1 for older children. Classes will be offered according to the Summer 2004 Skyhawks Program Proposal attached hereto. CONTRACTOR will provide a minimum of three programs per week during the summer break. Program minimum enrollment will be i0 and maximum will be determined by site limitations and Palo Alto Coordinator input. CONTRACTOR will have the same instructors quarter by quarter to gain stability and comfort with students and to ensure that the classes and summer camps are consistent with teaching techniques unless different instructors are approved by City pursuant to section 6.2 of the Agreement. CONTRACTOR shall submit the following prior to the start of work under this contract: Proof of Negative TB tests for all staff working with children Fingerprint background check for all staff working with children. Signed copy of the Declaration of Employee Safety AB-14. Insurance in accordance with City guidelines. Signed copy of W-9 form. 040405 cl 7060784 11 PRICE & COMPENSATION SCHEDULE FOR SKYHAWKS SUMMER CAMPS Full Day HalbDay except Golf Golf 2004 $138 $126 $136 2005 $141 $126 $136 2006 $145 $126 $136 2004 Revenue split for full day camps: Skyhawks: $88.50 City of Palo Alto: $49.50 2005 Revenue split for full day camps: Skyhawks: $90 City of Palo Alto: $51 2006 Revenue split for full day camps: Skyhawks: $92 City of Palo Alto: $53 Revenue split for all half-day camps except golf for the length of this contract: Skyhawks: $81 City of Palo Alto: $45 Revenue split for all half-day golf camps for the length of this contract: Skyhawks: $91 City of Palo Alto: $45 EXHIBIT "B" OF LIABILITY INSUFb NCE , I i2/!5/2003iTHI~ CERTIFICATE i$ ISSUED.AS A MA~ER OF INFORMATION ThE ~OLICIES OF/k’,~’URAI’I£E LISTED ~ELOW 4AVF. ~EEN ISSUED TO THE INSURED NAMED ABOVE FOR TNE =OL!C’¢" PERIOD :NDICATED. K!C’: ~V1TF~ST..~JJDIN,Ahv REQUIREMENT, TERM O~ COND~ION OF ,~,NV CONT’P.,~,C1’ OR OTP,=-R DOG~JMENFT WITH RE.SPECT TO It~rt~h Trtl$ CERTIFI2~,T~ ~.~;-.’f 9~ ~gS:Jf-O OR MAY ~=_R’I’AIN+ ",HE !NSURANC~ Ar’~ORDEC’ BY THE ,=OLICtE$ ~E:$CRIBED H~F.~...IN IS SUBJECT I’O ALL TH~ TERMS, EXCLUSIONS AND COND~T+.O*4S OF SUCH OICG2B¢I7001 02/0~/200~ OZI08/Z00S 02/08/2004 THAN insurance is provided as noted above ~’~ith r~spects Zo operations of th~ na~ed insured. I Z,gOO, 0~I The City of Pale Alto PO Box 102~0 e~le Mt~. CA 5~0~ ! Jan henton/b~J (./ ~CGRD CO~ORA~ON ~BB8 EXHIBIT "C" IMPORTANT If the certificate ho!~e, is an ADDITIONAL iNSURE3, bh¢ policy(i~s) musl be enaorsed. A statement on [~,[s ce~iflcat~, dee¢ no’, conf÷~ righ[s to [~’,e ~-’ertif,cste holder in lieu Of suet, endor~ement(~), I.~ SbBROGAT~ON !S W~\IVED, subject t~ the terms end conditions oft.he polio], cer~air~ polisies require an endorsement. ~, statement on this ce~ifieate d~& not csnf~r ~ght~ ’to the holder In lieu ~ such ~ndarsement(s). DISCLAIMER The Certifiuato of !n~urance on the reverse side of tJqls form do~=~ not consetute a contra~ between the les~ing t~gutot{~), autho~i2ed represeniative or producer, and ~e oeRffioa~ holder, nor does ff a~atively or nega~vaiy a~nd, e~end o~ al~r the coveLsge offered by tr~e poiic~es listed therec~. JExces s Ace ~dent B, ,~edi ~e City of Polo Alto, CA, i~s council ~mbers, officers, ~ents and employe~s ~re ~ddition~] insured ~s their interests ~y appear. This insurance iG primary pe~ insuring form GLEOOO7 1:O00. 0..~0 ~0,00o excl uded i z,ooo, Z, ODO, 000 E,L. DISEAS£ - FOUCYLiM~J~ ~ S25,000 ~edlca3 Naximum $10,000 $;,OOD Denta] Maxi~m 5100 Ded "~"~Revision of certificate issued 2/20/03 Polo Alto, The City of Purchasing ~ Con%ra;t Administration ~3 Bo~ i02~0 P~lo A]~O, CA B4303 _C _~_~.OE L LATION E~I~TION D&TE THEREOF, THE 15SUING INEUff~ ~,~L ENDSAYOR TO ~L IMPORTANT If the c~.’t;ficste hcl_4~ Is art ,’kDD;TIONAL ,N$UR_D, the pohcy(iesl must ~e endorsed A st~[ement ~P, thi~ cert!fisate doe~ not confer r!Ohts to the ce,’t;ficate hoider in ~ieu of such endorsement(s). ;f SUP, ROGATiON IS WAIVED, subjecl ~ l:h~ [erms and c’anditions oflhe policy’ certa!n paii~,i~, m_P.y holder ~n liau d such endorsemant(..~}. DISCLAIMER the i£suing insurer,s), au~ho,’~ed r~pr~sentative or producer, and lhe c~dificat~ holder, nor dues it a~rmative y or cega~ely amead e~end or a~tar the coverage afforded by the pOliCies li~ted ~P, ereon. i ACORO 25 (200!,;08) COPY ~ IJ N !~ CE!~.T’~P{CATE OF WORKgRS’ CONPENSATiON FOLIO’Y NUMBER"i6 e s~v] -2 cobC~R.TI;ICATE ID:25 tn~ur~e ~m~s~oner ~0 the employer nard ~low for the ~il~y pg~od indicted. ~8~11~ which thb ~en~;a~B of ~nsumn~ m~}’ ~ issu~ or ~y ~in r lh~ in~u~n~ afford~ ~y the ~licies E~ORSE~h~’ #lSO0 - DAVID BERTO, PRESID~ - ~L~D. CERTIFICATION OF NONDISCRIMINATION SECTION 410 PROJECT: Provision of Summer ..#ports Camps 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. Signature: Name: Sig (PRINT OR TYPE NAME) Name: (PRINT OR TYPE NAME) Note:The City, pursuant to Cafifomia 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 103651 PAGE 1 OF 1 EXHIBIT "D"