HomeMy WebLinkAboutStaff Report 8174
City of Palo Alto (ID # 8174)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 6/19/2017
City of Palo Alto Page 1
Summary Title: Aquatics Contract
Title: Approval of a Contract Amendment with Team Sheeper for Operational
Management of Rinconada Pool's Lap and Open Swim Programs as well as
Oversight of Rinconada Masters and Palo Alto Stanford Aquatics Programs
From: City Manager
Lead Department: Community Services
Recommendation
Staff recommends that the City Council authorize the City Manager to amend the Team
Sheeper’s swim contract from August 14, 2017 through December 31, 2018 to include:
operational management of Rinconada’ s lap and open swim programs; and
oversight of Rinconada Masters and Palo Alto Stanford Aquatics (PASA)
programs.
Executive Summary
Beginning in 2015, the City has struggled to hire and retain adequate pool staff to meet
community demand for the Lap Swim, Learn-to-swim and Family Recreation Swim
programs. In 2015, the Community Services Department (CSD) entered into an
emergency contract with an outside vendor to mitigate its Learn-to-swim staffing
shortages. Working on a very short timeline, CSD was able to write and approve a
contract with Team Sheeper Inc., a professional third party aquatics service provider
who mobilized quickly to provide qualified professional swim instructors and lifeguards
to support the Palo Alto aquatics programs.
In search of a more sustainable and reliable solution for community aquatics services, in
December 2015, CSD issued a Request for Proposals (RFP) for the following services:
1) Learn-to-swim lessons; 2) Youth Competitive Swim Team; 3) Adult Masters Swim
Team; and 4) aquatics facilities operation, including recreational swim, lap swim, and
pool rentals. Firms were invited to submit a proposal for one or all of the above
services and attend a pre-bid meeting. Two proposals were received, one from the Palo
Alto Family YMCA and the other from Team Sheeper Inc.; both bidders were invited to
present their proposals and respond to questions from the consultant review team. The
consultant review team was represented by five City staff, a Recreation Supervisor from
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the City of Mountain View, a Recreation Supervisor from the City of Milpitas, and a pool
user (lap swim). After careful review of both proposals, discussions with the consultant
review team and interviews of the two potential service providers, the proposals were
scored and Team Sheeper prevailed as the preferred contractor.
Although Team Sheeper was the preferred contractor responding to the RFP, staff also
evaluated what staff and resource requirements would be needed if the City were to
operate the Aquatics program in-house as a City-run aquatics program at the
same level of programming Team Sheeper proposed, which included significant
expansions of the swim lesson program as well as additional year round hours for lap
swim and recreation swim. Staff also considered the option of maintaining the status
quo with a summer-only recreational swim program and continuing to contract
swimming lessons as we have done for the past two summers.
Staff has now completed this evaluation. Staff reviewed management alternatives
using the following criteria:
City and Customer Costs
Quality of Service and Customer Satisfaction
Diversity of Programming and Accessibility
In conducting this evaluation, it became clear that Team Sheeper could provide high
quality programming, expand open and recreational swim programs, and provide more
youth swim lessons at a lower cost than an in-house model primarily because an in-
house model would require additional fulltime benefitted employees.
Staff recommends expanding the public-private partnership with Team Sheeper, Inc.
that we entered into in January 2017. The current contract is limited to providing swim
lessons and summer swim camps in 2017 and expires on December 31, 2017. The
proposed contract amendment would add: summer swim lessons for 2018 (at City
negotiated fees without subsidizing Team Sheeper), summer swim camps, expanded
recreational and lap swim programming, oversight of PASA and Rinconada Masters, and
day-to-day management of the City aquatics program at lower cost to the City.
Discussion
On January 9, 2017, City Council approved and authorized an agreement between the
City of Palo Alto and Team Sheeper, Inc. for the City’s Learn to Swim Program in the
2017 calendar year. Team Sheeper began offering swim lessons through that contract
in April of this year and lessons will continue through October. This summer, Team
Sheeper will also be offering a swim camp as part of this contract. Community feedback
for the expanded program has been positive. In order to alleviate staffing challenges,
staff is recommending expanding Team Sheeper’s current contract to include swim
lessons and camps for 2018 as well as lifeguards and pool oversight for the recreational
and lap swim programs from August 14, 2017 through December 31, 2018.
Additionally, staff would like to structure PASA’s and Rinconada Masters’ contracts as
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subcontracts under Team Sheeper’s contract. This relationship structure will allow for a
clear process for managing day-to-day scheduling at the pool under one operator in
collaboration with CSD staff.
Staff recommends structuring the contract as a services agreement to allow the City to
maintain an active role in determining scheduling and pricing. In this agreement, the
City will continue to be responsible for facility maintenance and repairs and Team
Sheeper will provide light cleaning and maintenance each day.
Staff recommends using a revenue share model for the services added to this contract
so there would not be any additional cost associated with this contract beyond the one-
time 2017 swim lesson subsidies (See Attachment C Staff Report 7552 for details).
Because Team Sheeper’s staff will be collecting revenues at the points of entry for
Rinconada Pool, staff recommends that Team Sheeper use their own Point of Sale
(POS) and registration system to collect pool entries and to register participants for
memberships, classes, and camps. In order to reduce the City’s risk and limit access to
personal customer information, staff does not recommend providing Team Sheeper’s
staff with access to the City’s POS and registration system, Enjoy Online, used across all
other CSD program areas.
Outreach
Staff has engaged residents and Rinconada Pool users to ensure that this contract
model is established in a way that preserves Rinconada’s quality customer experience.
Over the last several months, staff has held formal community meetings, informal
discussions at the pool with residents and customers, and conducted surveys of swim
lesson participants, to solicit feedback on the aquatics program and potential changes.
Staff also organized a focus group consisting of lap swimmers to discuss potential
adjustments to the lap swim program including schedule and pricing changes.
In synthesizing the information from these sources, it has become clear that pool users
would like to ensure that the City shares control over Rinconada’s scheduling and
pricing with Team Sheeper. Staff has incorporated this feedback into the contract
amendment, requiring both Team Sheeper’s and the City’s approval to make scheduling
and price changes. As has occurred in the past, schedule changes are likely to occur
quarterly and price adjustments are likely to occur annually. The current Municipal Fee
Schedule proposed for FY 2018 continues the past practice of authorizing a range for
various charges; fees are anticipated to remain within these levels.
Operating Changes Associated with this Proposed Agreement
If this agreement is adopted there will be several modest changes for residents
including pricing, membership options and slight schedule changes.
Pricing
Fall 2017 Resident Pricing
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City of Palo Alto Page 5
Fall 2017 Non-resident Pricing
One notable change from the proposed fee structure is a transition from a 10 pack
swim option to a monthly pass program. Team Sheeper’s POS and registration system
is set up to offer monthly passes and does not offer 10 packs. During the negotiation
process staff reviewed the impact of this change and found it reasonable. The monthly
pass price was set by City staff to provide a reasonable price break to heavy pool users
and was agreed to by Team Sheeper.
If this contract amendment is approved, City staff will refund aquatics 10 pack
customers the cost of any remaining 10 pack swims during the fall of 2017.
City of Palo Alto Page 6
Scheduling Changes
Team Sheeper has agreed to maintain “block schedules” for much of the existing
weekly programming and has proposed additional recreational swim programming
which can be seen in this draft fall 2017 Schedule:
Current Summer Fall - Rinconada Pool
6:00am
6:30am
7:00am
7:30am
8:00am
8:30am
9:00am
9:30am
10:00am
10:30am
11:00am
11:30am
12:00pm
12:30pm
1:00pm
1:30pm
2:00pm
2:30pm
3:00pm
3:30pm
4:00pm
4:30pm
5:00pm
5:30pm
6:00pm
6:30pm
7:00pm
7:30pm
8:00pm
8:30pm
Saturday
Lap Swim (14 lanes)
Lap Swim
(7 lanes)
Rec Swim
(7 lanes)
Lap Swim
(14 lanes)
Masters
(14 lanes)
Sunday
Lap Swim
(14 lanes)Lap Swim
(14 lanes)
Masters
(14 lanes)
Monday Tuesday Wednesday Thursday Friday
Masters
(14 lanes)Lap Swim
(14 lanes)
Masters
(14 lanes)Lap Swim
(14 lanes)
Masters
(14 lanes)
Lap Swim
(14 lanes)
Masters
(14 lanes)
PASA
(7 lanes)
Lap Swim
(7 lanes)
PASA
(14 lanes)
Masters
(14 lanes)
Lap Swim
(14 lanes)
PASA
(7 lanes)
Lap Swim
(7 lanes)
Lap Swim
(14 lanes)
Lap Swim
(14 lanes)
PASA
(14 lanes)
PASA
(14 lanes)
PASA
(14 lanes)
Lap Swim
(7 lanes)
Rec Swim
(7 lanes)
Lap Swim
(14 lanes)
Masters
(14 lanes)
PASA
(7 lanes)
Lap Swim
(7 lanes)
Masters
(14 lanes)
PASA
(14 lanes)
(4 lanes)(10 lanes)(4 lanes)(10 lanes)
(7 lanes)
PASA
(14 lanes)
Lap Swim
(14 lanes)
(7 lanes)
Lap Swim
(14 lanes)
(7 lanes)(7 lanes)
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To visualize the minor schedule changes, the 2016 fall schedule is below:
Current Summer Fall - Rinconada Pool
6:00am
6:30am
7:00am
7:30am
8:00am
8:30am
9:00am
9:30am
10:00am
10:30am
11:00am
11:30am
12:00pm
12:30pm
1:00pm
1:30pm
2:00pm
2:30pm
3:00pm
3:30pm
4:00pm
4:30pm
5:00pm
5:30pm
6:00pm
6:30pm
7:00pm
7:30pm
8:00pm
8:30pm
Sunday
Masters
(14 lanes)Lap Swim
(14 lanes)
Masters
(14 lanes)Lap Swim
(14 lanes)
Masters
(14 lanes)Lap Swim
(14 lanes)Lap Swim
(14 lanes)
Monday Tuesday Wednesday Thursday Friday Saturday
Lap Swim
(14 lanes)
PASA
(14 lanes)
Lap Swim
(14 lanes)
Maintenance
Masters
(14 lanes)
PASA
(14 lanes)
PASA
(7 lanes)
Lap Swim
(7 lanes)
PASA
(14 lanes)
Masters
(14 lanes)
Maintenance
Lap Swim
(14 lanes)
PASA
(14 lanes)
PASA
(7 lanes)
Lap Swim
(7 lanes)
Maintenance
Lap Swim
(14 lanes)
(7 lanes)
Lap Swim
(14 lanes)
PASA
(14 lanes)
Masters
(14 lanes)
Maintenance
Lap Swim
(14 lanes)
(7 lanes)(7 lanes)
PASA
(14 lanes)
(7 lanes)
Masters
(14 lanes)
Masters
(14 lanes)
PASA
(14 lanes)
Maintenance
Lap Swim
(14 lanes)
Lap Swim
(14 lanes)
Lap Swim
(14 lanes)
PASA
(7 lanes)
Lap Swim
(7 lanes)(4 lanes)(10 lanes)(4 lanes)(10 lanes)
Lap Swim
(14 lanes)
Masters
(14 lanes)
The most noteworthy changes between last year’s schedule and this year’s proposed
schedule are: 1) PASA has indicated that they would like to moderately reduce their
early afternoon hours and regular Sunday hours at Rinconada which will allow time for
additional recreational and lap swim hours throughout the fall; and 2) lap swim lanes
will be reduced on Saturday and Sunday afternoons to accommodate added
recreational swim times. The tentative 2017 summer swim schedule can also be seen
in Exhibit A.
At the conclusion of the fall season, Team Sheeper will work with City staff to develop a
winter schedule as they will do for all remaining seasons for the duration of the
contract.
Other Contract Terms
In order to keep prices accessible to all residents, the contract negotiated in January of
this year included City payments to Team Sheeper of $6 for every resident group lesson
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participant and $28 for every resident private lesson participant during the 2017 lesson
season. It also included a 10 percent revenue share for lesson revenues.
This contract amendment would eliminate any City payments to Team Sheeper to
subsidize swim lessons for the 2018 lesson season. Any proposed price changes
between 2017 and 2018 must be approved by City staff as well as Team Sheeper. As
part of this contract amendment, staff negotiated a revenue share of up to 12 percent
based on the number of lessons provided during the year. Because the City will remain
involved in scheduling and pricing; to ensure the pool is not overly crowded; and that
lesson fees remain affordable; Team Sheeper’s earning capacity will be limited, and
therefore City staff propose the revenue share arrangement below. The table uses
swim lessons as the driver for the revenue share because it is easy to monitor and is
the prime generator of aquatics revenues.
Swim lessons sold
in CY
Gross revenue
share to City from
all programs
11,000 or less 1%
11,001-12,000 2%
12,001-13,000 3%
13,001-14,000 4%
14,001-15,000 5%
15,001-16,000 6%
16,001-17,000 7%
17-001-18,000 8%
18,001-19,000 9%
19,001-20,000 10%
20,001-21,000 11%
22,000 or more 12%
City staff will continue to be closely involved with aquatics programming to ensure the
sustained success of the services and satisfaction of users. This contract proposal also
includes provisions that Team Sheeper will provide staff with customer statistics on a
monthly basis including resident and non-resident use of classes, camps, memberships
and daily entrants. Additionally, Team Sheeper will provide the City with an annual
report which will include customer feedback and survey data.
It is anticipated that Team Sheeper will provide oversight and management of PASA
and Rinconada Masters use of Rinconada Pool. Subcontracts with these programs have
been drafted and the City is helping facilitate negotiations between Team Sheeper,
PASA and Rinconada Masters to ensure these longstanding programs thrive in this new
operating model. For reference the draft subcontract terms for PASA and Rinconada
Masters can be found in Exhibit B.
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The subcontract with PASA is nearly complete and provides PASA with the same pool
space and schedule as they have had while contracting directly with the City. It also
asks for a modest increase in pool use fees. Fees for PASA will increase from
approximately $4 per lane per hour to $5 per lane per hour under this subcontract.
Staff continues to work with Rinconada Masters on their subcontract. The subcontract
will provide their group with the same schedule and pool space as they have today. It
also asks for a modest increase in pool use fees as well as lifeguards on deck during
Masters workouts. Staff is working to establish a subcontract with Rinconada Masters
that will raise their fees from approximately $1.50 per lane per hour to $2 per lane per
hour. Fees for Rinconada Masters are exceptionally low because the Masters serves a
very small group of users. Growing the Masters program is a priority for the
Community Services Department and staff will continue to work with the Masters to
encourage more participation during the contract term.
Contract Duration
This contract is set as a short duration contract, expiring on December 31, 2018. This
will give the City time to assess the contract model and contract terms. Staff will begin
a new RFP process during the spring of 2018 and will use data and community
feedback from this contract as part of our evaluation of the new operating model.
Impact on City Staff
Currently the pool is managed by approximately 5 FTE, one fulltime and the remaining
part-time positions all represented by the Service Employees International Union
(SEIU). The Human Resources Department notified SEIU of the impact to their union
members and addressed all concerns related to the transition of staff and placement of
other impacted employees. No lay-offs of fulltime staffing are anticipated as an
appropriate vacancy remains elsewhere in CSD. For the hourly employees, Team
Sheeper would like to interview any interested hourly lifeguard and swim instructor
employees for positions with their organization, and staff understands that Team
Sheeper’s pay and benefits exceed that of the City’s for lifeguard and instructor
positions. Team Sheeper uses both year-round and seasonal employees at its other
pools and estimates that at least 70 percent of seasonal staff consists of local high
school and college students. If they operate Rinconada Pool, they expect a similar
portion of local students to work during summers.
City of Palo Alto Page 10
Resource Impact
The City will need to adjust the FY 2018 budget for Aquatics to reflect changes caused
by this contract amendment.
Forecasted Fiscal Impact FY 2016 FY 2017 FY 2018 FY 2018 FY 2019
Actuals Current
Budget
Proposed
Budget*
CSD Rec.
Revised
Budget
Contract
(Est.)
City Provided Program
Revenue
424,352 555,993 555,994 100,000 0
Revenue Share 0 0 0 45,000 125,000
Total Revenue 424,352 555,993 555,994 145,000 125,000
Salaries and Benefits 445,231 500,974 391,394 208,500 35,000
PAUSD Charges for
Summer Pool Rental
20,626 21,250 21,250 21,888 25,000
Contract Fees 75,000 143,947 0 85,000 0
Other Operating
Expenditures
39,245 42,245 40,606 37,106 0
Total Program
Expenditures
580,102 708,416 453,250 352,494 60,000
Net General Fund
Program Impact
Surplus/(Subsidy) ($155,750) ($152,423) $102,744* ($207,494) $65,000
Maintenance & Utility Costs 320,000 320,000 320,000 320,000 320,000
* The City was in active negotiations during the budget process; therefore, the
proposed budget was not adjusted from FY 2017 with the exception of holding vacant
the Recreation Coordinator position for one year as to allow the department to work
through the service delivery model. The proposed budget did not, however, reflect the
final financial implications should the City commence operations with Team Sheeper.
The proposed budget anticipated that adjustments to both reduce revenues and
expenses would be necessary should a contract with Team Sheeper be executed.
Revenues and actual expenses will be monitored and adjustments brought forward
during FY 2018 as necessary.
There are several one-time expenses associated with implementing this contract
amendment, these include:
Refunding aquatics 10 pack customers any remaining pool entries; expected to
cost approximately $35,000 and occur during FY 2018;
Paying Team Sheeper approximately $85,000 for remaining swim lesson
subsidies for the 2017 swim lesson program; 2018 swim lessons have been
negotiated to be provided at City rates with no subsidy payment; and
City of Palo Alto Page 11
Continuing the in-house aquatics program through August 13, 2017 – this
contract amendment would have Team Sheeper begin providing management of
the lap and recreational swim programs on August 14, 2017. Because the
expanded contract will not begin until August 14th, the City can expect to incur
approximately $173,000 in salaries and benefits for July and August and will
bring in an estimated $100,000 in revenues for aquatics programs in July and
August.
While the one-time expenses totaling $120,000 described above will increase the net
General Fund impact in FY 2018; moving to a public-private partnership model will
provide significant savings in FY 2019 and beyond. The intent of the recommendations
in this staff report is to provide an enhanced level of service at or below current cost to
the General Fund. Contracting with Team Sheeper will meet this goal.
Policy Implications
This proposal is aligned with Comprehensive Plan goal G1: Effective and Efficient
Delivery of Community Services.
City of Palo Alto Page 12
Exhibit A
Tentative Summer Schedule for 2017
Attachments:
Attachment A: Exhibit B C17161146 PSA TS SUMMER 2017 AQUATICS PROGRAM
Amendment 5.31.17 v3.docx
Exhibit B Subcontract Terms
Attachment B: Exhibit C ID# 7552 Sheeper
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EXHIBIT B
CITY OF PALO ALTO CONTRACT NO. C17161146 (AS AMENDED)
FIRST AMENDED AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
TEAM SHEEPER, INC.
FOR PROFESSIONAL SERVICES
This Agreement is entered into on this 1st day of June, 2017, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation
(“CITY”), and TEAM SHEEPER, INC. a California corporation, located at 501 Laurel Street,
Menlo Park, CA 94025 ("CONTRACTOR").
RECITALS
The following recitals are a substantive portion of this Agreement.
A.CITY intends to provide its Recreation Aquatics Program and desires to engage aCONTRACTOR to provide certified swim instructors and certified lifeguards to provide swim
lessons, swim camps, and lifeguarding services offered at Rinconada Pool, 777 Embarcadero
Road, Palo Alto, CA 94301 and other locations in connection with the Project (“Services”).
B.CONTRACTOR has represented that it has 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 CONTRACTOR to providethe Services as more fully described in Exhibit “A”, attached to and made a part of thisAgreement.
D.CITY and CONTRACTOR have already entered into a contract (C17161146) in January
2017 for CONTRACTOR to provide aquatics services to CITY. CITY and CONTRACTORintend that this contract will fully replace that contract.
E.CITY and CONTRACTOR recognize that this First Amended Agreement contains new
consideration to effectuate this amendment.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions,
in this Agreement, the parties agree that the Original Agreement is amended to read in its
entirety as follows:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONTRACTOR shall perform the Services described
at Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The
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performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through December 31,
2018 unless terminated earlier pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance
of Services under this Agreement. CONTRACTOR 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 CONTRACTOR in a reasonably
prompt and timely manner based upon the circumstances and direction communicated to the
CONTRACTOR. 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 CONTRACTOR.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid by CITY
to CONTRACTOR for performance of the Services described in Exhibit “A” (“Basic Services”),
and reimbursable expenses, shall not exceed One Hundred Thirteen Thousand Dollars ($113,000). CONTRACTOR agrees to complete all Basic Services, including reimbursable
expenses, within this amount. In the event Additional Services are authorized, the total
compensation for Basic Services, Additional Services and reimbursable expenses shall not
exceed One Hundred Forty Three Thousand Dollars ($143,000). The applicable rates and
schedule of payment are set out at Exhibit “C”, which is attached to and made a part of this Agreement. Any work 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.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONTRACTOR shall not receive any compensation for Additional Services
performed without the prior written authorization of CITY. Additional 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 at Exhibit “A”.
SECTION 5. INVOICES. At the conclusion of each Aquatic Season, CONTRACTOR will
invoice the CITY for payment for any additional services authorized by the CITY. The
CONTRACTOR’s payment voucher will then be submitted to the fiscal section for payment at
which point the CITY has 30 working days from the last date of the payment voucher to render payment to the CONTRACTOR. Invoices must include CONTRACTOR name, address, contract number, date of services, compensation amount.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONTRACTOR or under CONTRACTOR’s supervision. CONTRACTOR 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. CONTRACTOR represents that it, its employees and
subcontractor’s, if permitted, have and shall maintain during the term of this Agreement all
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licenses, permits, qualifications, insurance and approvals of whatever nature that are legally
required to perform the Services.
All of the services to be furnished by CONTRACTOR under this agreement shall meet the
professional 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. CONTRACTOR 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. CONTRACTOR shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONTRACTOR is solely responsible for costs,
including, but not limited to, increases in the cost of Services, arising from or caused by
CONTRACTOR’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public
works project, CONTRACTOR shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten
percent (10%) of CITY’s stated construction budget, CONTRACTOR shall make
recommendations to CITY for aligning the PROJECT design with the budget, incorporate CITY
approved recommendations, and revise the design to meet the Project budget, at no additional
cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in
performing the Services under this Agreement CONTRACTOR, and any person employed by or
contracted with CONTRACTOR to furnish labor and/or materials under this Agreement, shall
act as and be an independent CONTRACTOR and not an agent or employee of CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONTRACTOR are material considerations for this Agreement. CONTRACTOR shall not
assign or transfer any interest in this Agreement nor the performance of any of
CONTRACTOR’s obligations hereunder without the prior written consent of the city 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 12. SUBCONTRACTING.
CONTRACTOR 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.
CONTRACTOR shall be responsible for directing the work of any subcontractor’s and for any
compensation due to or from subcontractors. CITY assumes no responsibility whatsoever
concerning compensation. CONTRACTOR shall be fully responsible to CITY for all acts and
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omissions of a subcontractor. CONTRACTOR shall change or add subcontractors only with the
prior approval of the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONTRACTOR will assign Tim Sheeper as
the project manager to have supervisory responsibility for the performance, progress, and
execution of the Services and as the project coordinator to represent CONTRACTOR during the
day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, 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. CONTRACTOR, at CITY’s request,
shall promptly remove personnel who CITY finds do not perform the Services in an acceptable
manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property.
CITY’s project manager is Stephanie Douglas, Community Services Department, 1305
Middlefield Road, Palo Alto, CA 94303, Telephone (650) 329-2107. The project manager will
be CONTRACTOR’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work products, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONTRACTOR agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall
be vested in CITY, and CONTRACTOR waives and relinquishes all claims to copyright or other
intellectual property rights in favor of the CITY. Neither CONTRACTOR 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. CONTRACTOR makes no
representation of the suitability of the work product for use in or application to circumstances not
contemplated by the scope of work.
SECTION 15. AUDITS. CONTRACTOR will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONTRACTOR’s records
pertaining to matters covered by this Agreement. CONTRACTOR further agrees to maintain
and retain such records for at least three (3) years after the expiration or earlier termination of
this Agreement.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONTRACTOR 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 CONTRACTOR, its officers, employees, agents or
contractors (including all subcontractors) under this Agreement, regardless of whether or not it is
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caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONTRACTOR to indemnify an Indemnified Party from Claims arising from the
active negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONTRACTOR’s services and duties by CITY shall not 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 breach 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. CONTRACTOR, 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". CONTRACTOR and its CONTRACTORs, if any, shall obtain a policy
endorsement naming CITY 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 AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or
authorized to transact insurance business in the State of California. Any and all CONTRACTORs of CONTRACTOR 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 Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides
less than thirty (30) days’ notice to CONTRACTOR, CONTRACTOR shall provide the
Purchasing Manager written notice of the cancellation or modification within two (2) business
days of the CONTRACTOR’s receipt of such notice. CONTRACTOR shall be responsible for
ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer 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 CONTRACTOR's liability hereunder nor to fulfill the indemnification
provisions of this Agreement. Notwithstanding the policy or policies of insurance,
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CONTRACTOR 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. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. 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 sixty (60) days prior
written notice thereof to CONTRACTOR. Upon receipt of such notice, CONTRACTOR will
immediately discontinue its performance of the Services.
19.2. CONTRACTOR may terminate this Agreement or suspend its
performance of the Services by giving sixty (60) days prior written notice thereof to CITY.
19.3. Upon such suspension or termination, CONTRACTOR shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONTRACTOR or its contractors, if any, or
given to CONTRACTOR or its contractors, if any, in connection with this Agreement. Such
materials will become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONTRACTOR 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., 10 days after giving notice) of suspension or
termination; provided, however, if this Agreement is suspended or terminated on account of a
default by CONTRACTOR, CITY will be obligated to compensate CONTRACTOR only for
that portion of CONTRACTOR’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. The following Sections will survive any expiration or termination of this
Agreement: 14, 15, 16, 19.4, 20, and 25.
19.5. 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 20. 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 CONTRACTOR: Attention of the project director
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at the address of CONTRACTOR recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONTRACTOR 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.
21.2. CONTRACTOR further covenants that, in the performance of this
Agreement, it will not employ subcontractors or persons having such an interest.
CONTRACTOR 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.
21.3. If the Project Manager determines that CONTRACTOR is a
“CONTRACTOR” as that term is defined by the Regulations of the Fair Political Practices Commission, CONTRACTOR 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 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONTRACTOR certifies that in the performance of this Agreement, it shall not discriminate in the employment 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. CONTRACTOR acknowledges that it has read
and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to
Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONTRACTOR shall comply with the CITY’s Environmentally
Preferred Purchasing policies which are available at CITY’s Purchasing Department, incorporated by reference and may be amended from time to time. CONTRACTOR shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste
Program. Zero Waste best practices include first minimizing and reducing waste; second,
reusing waste and third, recycling or composting waste. In particular, CONTRACTOR shall
comply with the following zero waste requirements:
(a)All printed materials provided by CONTRACTOR to CITY generated from apersonal computer and printer including but not limited to, proposals, quotes,invoices, reports, and public education materials, shall be double-sided and
printed on a minimum of 30% or greater post-consumer content paper, unless
otherwise approved by CITY’s Project Manager. Any submitted materials printed
by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable based inks.(b)Goods purchased by CONTRACTOR on behalf of CITY shall be purchased in
accordance with CITY’s Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
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packaging. A copy of this policy is on file at the Purchasing Division’s office.
(c) Reusable/returnable pallets shall be taken back by CONTRACTOR, at no additional cost to CITY, for reuse or recycling. CONTRACTOR shall provide documentation from the facility accepting the pallets to verify that pallets are not
being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE.
CONTRACTOR shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any
employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of
work in a calendar week within the geographic boundaries of the City, CONTRACTOR shall
pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONTRACTOR shall post notices regarding the Palo Alto Minimum Wage
Ordinance in accordance with Palo Alto Municipal Code section 4.62.060.
SECTION 25. NON-APPROPRIATION
25.1. 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
penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the
following fiscal 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 shall take precedence in the event of a conflict with any other covenant, term,
condition, or provision of this Agreement.
SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC
WORKS CONTRACTS
26.1 This Project is not subject to prevailing wages. CONTRACTOR is not
required to pay prevailing wages in the performance and implementation of the Project in
accordance with SB 7 if the contract is not a public works contract, if the contract does not include a public works construction project of more than $25,000, or the contract does not
include a public works alteration, demolition, repair, or maintenance (collectively,
‘improvement’) project of more than $15,000.
OR
26.1 CONTRACTOR is required to pay general prevailing wages as defined
in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and
Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the
Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of worker needed to execute the contract for this Project from the
Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be
obtained at the Purchasing Division’s office of the City of Palo Alto. CONTRACTOR shall
provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the
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adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions
of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages.
26.2 CONTRACTOR shall comply with the requirements of Exhibit “E” for any
contract for public works construction, alteration, demolition, repair or maintenance.
SECTION 27. MISCELLANEOUS PROVISIONS.
27.1. This Agreement will be governed by the laws of the State of California.
27.2. 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 in the County of Santa Clara,
State of California.
27.3. 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. The prevailing party shall be entitled to recover an amount equal to the fair market value
of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third
parties.
27.4. 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.
27.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and
CONTRACTORs of the parties.
27.6. 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 will remain in full force and effect.
27.7. 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.
27.8 In the event of a conflict between the terms of this Agreement and the
exhibits hereto or CONTRACTOR’s proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONTRACTOR’s proposal, the exhibits shall control.
27.9 If, pursuant to this contract with CONTRACTOR, CITY shares with
CONTRACTOR personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONTRACTOR shall maintain reasonable
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and appropriate security procedures to protect that Personal Information, and shall inform City
immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONTRACTOR shall not use Personal Information for direct marketing purposes without City’s express written consent.
27.10 All unchecked boxes do not apply to this agreement.
27.11 The individuals executing this Agreement represent and warrant that they
have the legal capacity and authority to do so on behalf of their respective legal entities.
27.12 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement
CONTRACT No. C17161146 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
City Attorney or designee
TEAM SHEEPER, INC.
Officer 1
By:
Name: Tim Sheeper
Title: CEO
Officer 2 (Required for Corp. or LLC)
By:
Name: Carole Hayworth
Title: CFO
Attachments: EXHIBIT “A”: SCOPE OF SERVICES
EXHIBIT “A-1”: PROGRAM DESCRIPTIONS
EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION
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EXHIBIT “D”: INSURANCE REQUIREMENTS
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EXHIBIT “A” SCOPE OF SERVICES
CONTRACTOR agrees to provide certified swim instructors to teach private, semi-private and
group swim lessons to registered participants in the Palo Alto Recreation Aquatics Program as
well as to provide lifeguarding services for the City of Palo Alto (as detailed more specifically
below) offered at Rinconada Pool, 777 Embarcadero Road, Palo Alto, CA 94301 and other pools in Palo Alto. CONTRACTOR also
I.General Standards For CONTRACTOR
1.Provide Quality Services
a)Conduct the programs in a safe manner.
b)Provide one Certified Lifeguard on deck whenever program participants are in water.
c)Not allow participants to be in the pool without at least one Certified Lifeguard
present on the pool deck and providing supervision.
d)Swim Instructors and Certified Lifeguards are:
i.Knowledgeable and experienced in the subject and age group being taught
based on the specific training program for lifeguards and swim instructors
followed CONTRACTOR.
ii.Reliable and punctual
iii.Start and end lessons on time
iv.Expected to notify CONTRACTOR’s staff supervisor prior to the work shift if
running late or unable to attend. CONTRACTOR is responsible for finding a
replacement or providing a make-up lesson.
v.Organized and prepared to teach at the start of each lesson
e)Program Evaluations
i.CONTRACTOR will coordinate with City staff to create a single evaluation
to be distributed to participants.
ii.The last week of lessons, evaluations will be distributed to participants.
CONTRACTOR will communicate with participants the importance of
completing the evaluation. CONTRACTOR will provide responses to CITY
staff.
f)Process all registrations for swim lesson program
2.Provide excellent Customer Service
a)Build rapport with customers by greeting all participants and parents and create a
welcoming and professional atmosphere.
b)Address customer and City staff questions and concerns within 24 hours and provide
follow-up if needed.
3.Maintain Quality Instructors
a)Meet the City of Palo Alto background requirements for all employees
b)Appear for lessons wearing appropriate attire that is clean, presentable and clearly
identified as Palo Alto Swim and Sport staff.
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c)Swim instructors and Certified Lifeguards will not use cell phones during work shifts
i.e., while on the pool deck and in front of customers, except in an emergency.
d)Provide consistency with quality standards for all instructors
4.Manage administrative tasks
a)Take attendance and confirm registration numbers with City staff.
b)CCONTRACTOR shall provide its own cash registers, computers, and other
equipment necessary to process and record payments, registrations, schedules, and
other administrative functions.
5.Maintain Proactive and Consistent Communication with CITY staff
a)Communicate problems and issues immediately with the City of Palo Alto Contract
Project Manager via phone, email or in person.
b)Inform City staff of participant injuries and complete necessary accident reports
within 24 hours. Accident forms should be available on site.
c)Respond in a timely manner to emails and phone calls within 24 hours.
d)Establish and maintain working relationships with City staff and customers. City staff
consists but is not limited to Community Center front desk staff, Aquatics
Coordinator, Supervisors, and the Contracts Administration Team.
6.Submit Invoices for payments. Invoices will include:
a)CONTRACTOR address,
b)date,
c)invoice number,
d)“bill to” information,
e)registration numbers, session dates and location, and
f)total amount to be paid.
7.Adhere to Department’s Aquatics Manual Policies and Procedures
a)Responsible for knowing the CITY’S policies and procedures with regard to swim
lessons and pool deck entry (i.e. waiting lists, cancellation, refund, satisfaction, etc.)
b)Instructors are responsible for verifying that only registered participants are permitted
to participate in programs.
c)Ensure only swim staff use the pool office.
d)Observe and enforce all pool rules.
8.Provide an annual report covering the period of September 1st through August 31st no later
than October 15th of each year during the Contract Term to staff which will be presented to
the CITY’S Parks & Recreation Commission for review and comment by the Commission at
its October meeting. The annual report should include the following items:
•Total program hours by program area
•Participation statistics by program area including resident and non-resident
percentages
•Customer satisfaction survey results
•User group feedback by program area or rental
•Gross revenues and revenue shares between CONTRACTOR and the CITY
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•Risk management documentation
•Training certifications listed by staff members.
II.Specific Programs to be Staffed and Run by CONTRACTOR
1.CONTRACTOR shall staff and run swim lessons and swim camps for various ages
(including children) and skill levels. CONTRACTOR shall adhere to the following
standards:
a)If a lesson is missed by the CONTRACTOR, a make-up lesson is required to be
provided by CONTRACTOR during a time that is convenient for the participant.
CONTRACTOR is responsible for contacting participants to reschedule or make-up
the lesson(s).
b)At the end of each lesson the CONTRACTOR will:
i.Monitor and ensure participants are picked up by an authorized adult.
ii.Keep facility neat by putting away all equipment from pool deck, empty trash
cans, pick up trash from pool deck, remove and replace pool covers on
appropriate reels after each use.
2.Beginning August 14, 2017, CONTRACTOR shall provide lifeguarding staff to oversee all
scheduled Open/Recreational and Lap Swim programs. CONTRACTOR shall provide the
following services:
a)Keep facility neat by putting away all equipment from pool deck, empty trash cans,
pick up trash from pool deck, remove and replace pool covers on appropriate reels
after each use.
b)Maintain cleanliness of pools, locker rooms, lobby and office space daily including:
i.Sweeping pool deck and indoor spaces
ii.Mopping and cleaning locker rooms
c)Take out trash at end of day and during sessions as needed
i.Pick up trash from pool deck
ii.Light cleaning of lobby and other indoor space
d)Accept fees for service from pool users using the CONTRACTOR’s point-of-sale
system. CONTRACTOR shall also accept any legacy, City-issued single-entry
Rinconada Pool tickets.
3.Beginning on a date mutually acceptable between CITY and CONTRACTOR,
CONTRACTOR shall provide or subcontract for Masters Swimming and Youth Swim Club
programs.
a)CITY authorizes CONTRACTOR to subcontract with the Palo Alto Swim Club to
provide the Youth Swim Club program.
b)CITY authorizes CONTRACTOR to subcontract with Rinconada Masters to provide
the Masters Swimming program.
c)CONTRACTOR is not authorized to provide the Masters Swimming and Swim Club
programs itself without approval from the City’s Project Manager.
4.CONTRACTOR may offer pool parties in accordance with this Agreement and shall provide
the following services:
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a) Keep facility neat by putting away all equipment from pool deck, empty trash cans,
pick up trash from pool deck, remove and replace pool covers on appropriate reels
after each use.
b) Maintain cleanliness of pools, locker rooms, lobby and office space daily including:
i. Sweeping pool deck and indoor spaces
ii. Mopping and cleaning locker rooms
c) Take out trash at end of day and during sessions as needed
i. Pick up trash from pool deck
ii. Light cleaning of lobby and other indoor space
d) Accept reservations and fees for service from pool users using the CONTRACTOR’s
point-of-sale system.
III. City’s Responsibilities
1. CITY shall provide clean and safe facility for scheduled lessons at Rinconada Pool and a
Palo Alto Unified School District Pool to be determined by the CITY and PAUSD.
a. Use of Rinconada Lap Pool and Children’s Pool will be limited to mutually agreed
upon schedules
2. CITY shall provide access to a phone line and internet access at Rinconada Pool
3. CITY shall oversee program delivery which includes but is not limited to:
a. Work with CONTRACTOR on private and group lessons offerings, cancellations,
and customer inquiries/concerns
b. Provide support to CONTRACTOR’s staff to ensure the success of the class
c. Provide essential information to deliver program (rosters, attendance sheets, waiting
lists, etc.)
4. CITY shall develop and maintain proactive and consistent communication and rapport with
CONTRACTOR
a. Respond in a timely manner to emails and phone calls
b. Communicate and resolve issues and concerns immediately
5. CITY shall provide excellent customer service to CONTRACTOR staff and customers
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EXHIBIT A-1 PROGRAM DESCRIPTIONS
Weekly Perpetual Lessons Perpetual/weekly lessons are the optimum method for maintaining the focus of developing as a
swimmer on a year-round basis. To learn a complex skill, and to master the physical movement
patterns, consistent and continual practice is necessary. Perpetual lessons allow families to
understand the aquatics is a year-round sport/activity and that the joys of aquatics and developing as a swimmer does not only have to be limited to the summer months. We promote keeping aquatics and swim school in the weekly family schedule much like a family would a sports team
or music lessons. We also offer the opportunity to have concentrated daily lessons over the
course of a week during the summer months.
Levels
Waterbabies: For ages 6 months to under 3 years. Parent participation class where babies are introduced to the water through songs and games. Each game that we play together as a group
can be adjusted to accommodate a parent’s comfort level and the swimming ability of the child.
This is a 30-minute group class with a 6:1 ratio.
Water Tots: For ages 2 years old. Water Tot’s is a class without parent participation for students
who are comfortable in the water are ready to learn the next set of swimming skills. The student to teacher ratio of 3:1 allows a small, safe learning environment to introduce fundamental water skills. This class focuses on building comfort, water safety, and skills such as: breathing,
floating, bobs, jumps and, of course, fun.
Swimming Principles: Children learn to be safe, independent swimmers and begin to learn
proper head and body position that will lead to success in the strokes to come. Skills include floating independently on back and front, and breath control.
Level 1: Designed to continue water safety skills as well as develop body position and kicks.
Swimmers must be water safe and able to kick in streamline for 5 yards to pass. Level 2: Designed to continue water safety skills as well as develop a strong foundation for
Freestyle. Swimmers learn to kick in streamline for 10 yards, rolling onto their back for a breath. Level 3: Designed to develop a strong foundation for Freestyle. Swimmers learn to kick in
streamline for 10 yards with a side breath.
Freestyle: Swimmers learn freestyle beginning with body position, efficient flutter kicks,
freestyle arms, and side breathing. Backstroke: Swimmers continue to review and improve their freestyle while learning backstroke. They develop body position, rotation, effective kicks and backstroke arms.
Breaststroke: Swimmers will begin to learn the difference between short axis and long axis
strokes, with an emphasis on the importance of a proper kick and glide. Each of the four parts of
breaststroke will be isolated to yield a successful breaststroke. Butterfly: Students learn the importance of a full body dolphin kick and undulation, timing of kicks with pull and recovery.
Lessons Advanced: Swimmers continue to refine all four strokes as well as develop more
advanced techniques, including starts, turns and finishes. Lessons Elite: The goals for swimmers in the class are to become proficient in all four
competitive strokes, swim terminology, and receive coaching in and out of the water.
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Swim Camp
Whether just learning to swim or developing strokes, your child receives a daily, 45-minute,
level-appropriate lesson from a trained Swim School instructor (ratio 4:1). A child’s swim level is assessed on the first day of camp, and campers with similar abilities are grouped together. More advanced swimmers also get a workout-style swim session in a 25-yard format to practice
what they have learned. Daily hands-on lessons in small focused groups invariably lead to rapid
advancement in a child’s swim skills.
In addition to swim instruction, campers have daily swim-related workouts, free swim time for
land and camp games, crafts, and lunch. Your child should come home healthy-tired but able to have loads of fun the entire week!
Sample Daily Activities
8:45 Camper check-in
9:00 Camp games, settle in for Director address
9:30 Group A: Swim lesson, Group B: Land games for swim strength and conditioning followed by a healthy snack
10:15 Group A: Healthy snack followed by land games for swim strength and conditioning.
Group B: Swim lesson plus, for more advanced swimmers, a swim work-out
11:00 Transition out of pool (sunscreen!)
11:15 Lunch from home enjoyed on the benches or picnic-style on the grass 11:45 Camper choice: land games, crafts, relax with friends
12:45 Transition to free swim
1:00 Free swim
1:50 Get ready for pick-up or transfer to extended care
Is This Camp for You? For ages 5 to 12 years (on the first day of camp)
For campers who HAVE COMPLETED kindergarten
Camp is for kids who are comfortable in the water, enjoy social group situations, and respond
well to instruction
Ideal before any family vacation that includes water activities!
Pre-K Camp Palo Alto Swim and Sport offers Pre-K Aquatics camp for kids age 4.5-6!
For our little ones, Camp Palo Alto provides fun, instruction, and encouragement in a safe,
friendly environment. Each camper receives a daily 45-minute swim lesson from a Palo Alto Swim School instructor, plus has time for land games, crafts and a light lunch. They’ll enjoy
community and team fun while developing a love of water and swim skills. Your child should
come home healthy-tired but not destroyed for the rest of the day!
When you check out each day, stick around to enjoy Open Swim with your child. Spending time
in the pool together reinforces what they’ve learned and improves their feel for the water. Open Swim starts at noon!
Sample Daily Schedule
8:45 Check-in
9:00 Welcome and games
9:45 Crafts and snack 10:45 Fun stretching
11:00 Swim lesson
11:45 Dry off, get ready for lunch
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12:00 Lunch time with friends and counselors
12:30 Story time 1:00 Free swim in Baby Pool or play games 1:50 Pick up or transfer to extended care
For ages 4.5 to 6 years (on the first day of camp)
For campers who have NOT COMPLETED kindergarten, or who need extra assistance
Campers are toilet trained and can manage the toilet independently 4:1 child-to-adult ratio both during swim lessons and with counselors on land Ideal before any family vacation that includes water activities!
Morning Extended Camp
We are pleased to offer early Extended Camp from 8:00 to 8:45 a.m., so you can drop off your
kids and be on your way! You can be sure that check-in will be fast and your child will receive great care for a happy start to the day!
Afternoon Extended Camp Extended camp is just the ticket for your child to rest and re-energize, play social games, read,
advance some new skills or listen to music! Tried and true, our counselors provide a safe and
lively afternoon of new and varied activities, full of opportunities for the campers to mix and mingle or have some quiet time; build and create; or have fun with more sports! The kids won’t miss a beat, as they seamlessly transition to the afternoon segment of their day of excitement.
Pool Parties Have a birthday party or special event at the pool! Reserve two hours of fun for your family and
friends! Party includes: Swim admission for 12 kids and 4 adult chaperones (over age 18), 2 large picnic tables reserved for your group
Masters Swim We welcome swimmers of all abilities, age 18 and up, who are interested in regular structured
workouts. Previous experience in competitive swimming is not necessary. Masters swimmers
include beginners, triathletes, former collegiate athletes, nationally ranked competitors and
everything in between — all ages, shapes, and sizes. Every workout is different and you’ll learn something each and every time. Along with ongoing conditioning at workouts, the team provides
stroke instruction, intra-club activities, competitions, and social events throughout the year. We
focus on developing swimming skills, enhancing the enjoyment of swimming through regular
workouts and professional instruction, and the promotion of lifetime fitness through swimming.
Youth Swim Team Year round competitive swim team offering high quality professional coaching and technique instruction for all ages and abilities. The goal is to provide every member an opportunity to
improve swimming skills and achieve success at his or her level of ability, from novice to
international competitor. We are constantly growing and training young swimmers to maintain a
well-rounded competitive swim team.
Lap Swim Lanes are dedicated to lap swimming in the deep pool at Rinconada seven days per week year
round. Two lifeguards are on duty at all times. We observe circle swimming when there are
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more than two swimmers per lane. The number of lanes for Lap Swimming varies according to
scheduled activities in each pool, but during the times below, you will find designated lap lanes. Look for the yellow cones on deck. If you are registered to pay for laps monthly, you can come to Recreation Swim any time. Choose to swim laps or play with your kids—your time in the pool
is already paid for. Even drop-in fees are good all day for both Laps and Open/Recreation Swim.
Open/Recreation Swim
Lifeguards are on duty at all times during open swim. No registration required, just drop in (or use a pass) to play in the round pool and deep pool; many open swim sessions include use of the
diving boards. Children 5 years and younger must have a parent/guardian (16+) in the pool,
within arm’s reach at all times. Children 6 – 12 years must have a parent/guardian (16+) on the
pool deck supervising them, unless they are attending a registered class or program.
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EXHIBIT “B” SCHEDULE OF PERFORMANCE
CONTRACTOR shall perform the Services during the specified Aquatics Seasons. The duration
of each Aquatics Season may be increased or decreased by mutual written agreement of the
project managers for CONTRACTOR and CITY so long as all work is completed within the
term of the Agreement. CONTRACTOR
Program Aquatics Seasons Offered
Weekly perpetual swim lessons Spring, Summer, and Fall
Swim camps Summer
Lap swim Spring, Summer, Fall, and Winter (all seasons)
Open/Recreational swim Spring, Summer, Fall and Optional Winter
Masters Swim Spring, Summer, Fall, and Winter (all seasons)
Youth Swim Team Spring, Summer, Fall, and Winter (all seasons)
Pool Parties Spring, Summer, and Fall, but only in times not in conflict with any other program.
Specific dates and duration of Aquatics Seasons (and associated registration periods) will be
determined by the CITY in consultation with CONTRACTOR at least 30 days in advance of the first day each registration period.
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EXHIBIT “C” COMPENSATION
I. Revenue Sharing CONTRACTOR will collect revenue from customers for all programs they provide under this
agreement and any Rinconada Pool subcontracts they hold subject to the prices listed in this
agreement.
A. From March 1, 2017 through December 31, 2017, CONTRACTOR will pay 10% of
gross revenues (excluding subsidy payments from the City) from all swim camps and
swim lessons performed under this agreement to the CITY. From August 14, 2017
through December 31, 2017, CONTRACTOR will pay as much as 12% of all revenues
collected from other programs under this contract, including lap swim, open/recreational
swim, lane rental fees from Masters Swim and Youth Swim Team, and pool parties,
based upon the table below. Payments to the City must occur at the end of June, the end
of August and end of December, 2017.
B. Beginning on January 1, 2018, CONTRACTOR will pay gross revenues of as much as
12% of all revenues collected from all programs provided on behalf of the City of Palo
Alto with the CITY based upon the following table:
Number of Swim Lessons Sold in
a calendar year
Percent of all gross revenue from
all programs under this contract
owed to City
11,000 or fewer 1%
12,000 2%
13,000 3%
14,000 4%
15,000 5%
16,000 6%
17,000 7%
18,000 8%
19,000 9%
20,000 10%
21,000 11%
22,000 or more 12%
The percent of gross revenue is not a graduated rate (e.g. for the first 11,000 swim lessons, 1%
revenue is owed, for the next thousand swim lessons, 2% is owed). The percent of gross revenue
that is applicable for a given year applies to all gross revenue. For example, if 21,000 lessons are
sold in a calendar year, 11% of all gross revenue would be owed to the CITY.
Projections of enrollment and revenue share shall be provided to the CITY at the end of every
month. Revenue share payments for 2018 shall be paid to the CITY no later than January 31,
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2019.
II. Temporary Subsidy for Swim Lessons for City Residents CONTRACTORSwim lessons shall be subsidized by the CITY for City Residents for lessons
that occur from the start of the contract term through December 31, 2017. Beginning January 1,
2018 swim lessons will no longer be subsidized. The subsidy rates are as follows:
• CITY to compensate CONTRACTOR Six Dollars ($6) per resident participant per group
lesson for up to 9,000 ($54,000) individual group lessons, and
• CITY to compensate CONTRACTOR Twenty Eight Dollars ($28) per resident
participant per private lesson for up to 2,100 ($58,800) private lessons.
In no case shall the total subsidy provided to CONTRACTOR exceed One-Hundred and
Thirteen-Thousand Dollars ($113,000). CONTRACTOR shall keep accurate records of all swim
lessons it submits for CITY subsidy, subject to periodic audit by CITY.
III. City Residents “City of Palo Alto residents” as used in this Exhibit are only those people who can prove
residence in the City of Palo Alto by showing a valid state-issued identification with an address
in the City; or a utility bill from the City of Palo Alto; or in the case of students, a current identification card from a Palo Alto Unified School District school. IV. Additional Lifeguard Services
In the event Additional Lifeguard Services are authorized by the CITY, the total compensation
for additional services will be at a rate of $25 per hour for regular staff lifeguards. If regular staff
lifeguards are not available, use of lead or head lifeguards may be provided at a rate of $40 per hour. In no case shall the total compensation for Additional Lifeguard Services exceed Thirty
Thousand Dollars ($30,000.00) during the period covering March 1, 2017 through August 13,
2017.
V. Rinconada Pool Tickets
CONTRACTOR shall accept any legacy Rinconada Pool single-use tickets for admission to the pool without any other compensation from the CITY. CONTRACTOR is not required to accept legacy 10-pack cards for pool admission.
V. Prices for Services
CONTRACTOR agrees to charge no more than the following prices during the specified periods:
A. Swim Lesson Prices through December 31, 2017:
Resident Group lessons: $16/lesson
Non-Resident Group Lessons: $22/lesson
Resident Private: $35/lesson
Non-Resident Private: $63/lesson
Semi-private lessons may be offered during the term of this agreement based upon
mutual agreement between CONTRACTOR and the CITY. If semi-private lessons are
offered, private lesson pricing may be adjusted up to reflect a reasonable price break
between the three class sizes.
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B. Camp Prices through December 31, 2017:
$40/ Week for Morning Extended Camp
$355/week for Camp
$165/week for Afternoon Extended Camp
C. Lap Swim and Rec Swim Prices through December 31, 2017
• Resident
o Adult: $6 per day
o Youth (17 and under): $4 per day
o Family (up to 5 immediate family members from the same household, 2 adults
maximum): $15 per day
o Senior (60 years+): $4 per day
o Monthly pass: $45 (30% senior discount)
• Non-Resident
o Adult: $7 per day
o Youth (17 and under): $5 per day
o Family (up to 5 immediate family members from the same household, 2 adults
maximum): $18 per day
o Senior (60 years+): $6 per day
o Monthly pass: $56 (25% senior discount)
D. Pool Party Prices through December 31, 2017
$100 for 2 hours of pool use and admission for up to 12 children and 4 adults (18 and
over).
$4 for each additional child and $6 for each additional adult
Maximum 20 people total per party (children plus adults)
E. Pool Lane Rental Fees through December 31, 2017 (for use with subcontractorss)
$5 per lane per hour for subcontractors providing Masters Swim and/or Youth Swim
Team programs.
F. New price categories, discounts, memberships, and/or promotional prices may be implemented upon written mutual agreement between CONTRACTOR and the CITY.
G. All maximum prices may increase annually beginning January 1, 2018 upon written
mutual agreement between CONTRACTOR and the CITY.
VI. Additional Services The CONTRACTOR shall provide additional services only by advanced, written authorization
from the CITY. The CONTRACTOR, at the CITY’s project manager’s request, shall submit a
detailed written proposal including a description of the scope of services, schedule, level of
effort, and CONTRACTOR’S proposed maximum compensation, including reimbursable expense, for such services. The additional services scope, schedule and maximum compensation
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shall be negotiated and agreed to in writing by the CITY’s project manager and CONTRACTOR
prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. VII. Facility Use. If the CONTRACTOR uses the City’s facility for any purpose other than a mutually agreed upon
and scheduled class under this agreement, then the CONTRACTOR pays all fees and charges as
specified in the City’s Municipal Fee Schedule.
VIII. No Reimbursable Expenses The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CONTRACTOR
shall not be reimbursed for any expenses.
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EXHIBIT “D” INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRE D
TYPE OF COVERAGE
REQUIREMENT
MINIMUM LIMITS
EACH OCCURRENCE AGGREGATE
YES YES
WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY
YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED
BODILY INJURY - EACH PERSON - EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY DAMAGE, COMBINED
$1,000,000 $1,000,000 $1,000,000
$1,000,000
$1,000,000
$1,000,000 $1,000,000 $1,000,000
$1,000,000
$1,000,000
YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE
ALL DAMAGES
$1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY
RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONTRACTORS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT
THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
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B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER,
BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONTRACTOR SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-
PAYMENT OF PREMIUM, THE CONTRACTOR SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
VENDORS ARE REQUIRED TO FILE THEIR EVIDENCE OF INSURANCE AND ANY OTHER RELATED NOTICES WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL:
HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569
OR
HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP
City of Palo Alto Page 1
Exhibit C
City of Palo Alto (ID # 7552)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 1/9/2017
Summary Title: Aquatics Swim Leson Contract with Team Sheeper
Title: Approve and Authorize the City Manager to Execute an Agreement
Between the City of Palo Alto and Team Sheeper LLC, for the Learn to Swim
Program for Summer 2017 at an Amount Not to Exceed $143,000
From: City Manager
Lead Department: Community Services
Recommendation
Staff recommends that Council authorize the City Manager to approve a contract with Team
Sheeper Inc. for operation of the 2017 Learn to Swim Program (swim lessons) in an amount
not to exceed $143,000 (including a $30,000 contingency for supplemental services if
needed) (Attachment A).
Executive Summary
The City of Palo Alto (City) offers a year-round Aquatics Program that includes adult lap
swim, a youth competitive swim team and an adult competitive Masters Swim team. During
the summer months, the City also offers a Learn-to-Swim program as well as family
recreation swim. The City has experienced difficulty hiring and retaining qualified aquatics
staff to meet the needs of the community, especially during summer months when more
aquatics programs are offered. In Summer 2015, an emergency third-party agreement was
required to avoid potential pool closures and the cancellation of swim classes due to the
City’s difficulty in staffing the Aquatics Program.
In December 2015, after receiving direction from the Finance Committee and subsequently
the full Council, staff released a Request for Proposal (RFP) to solicit bids for aquatics
management services to improve the City Aquatics Program. In our evaluation of the bids
and our in-house aquatics program, we identified opportunities to not just maintain the
aquatics program but to better meet community requests to expand and enhance aquatics
programming for Palo Alto.
The objective of the RFP and our analysis was to consider alternatives for how we might best
achieve the following:
City of Palo Alto Page 2
Exhibit C
1) Expand the recreational swimming season to open both pools for recreation
swimming in mid-April and keep the pool open through late October.
2) Adjust and add open hours for lap swim and recreational swimming programs to
better meet customer demands for pool use outside of 9 to 5 weekday hours.
3) Expand the swim lesson season to match the expanded recreational swim season
and adjust swim lesson offerings to provide more evening and weekend lessons.
The City received two proposals, one from the Palo Alto Family YMCA and the other from
Team Sheeper Inc. Of the two proposals Team Sheeper Inc. offered a lower cost and greater
diversity of programs and services while providing high quality of service. In May 2016,
Council approved a limited contract with Team Sheeper Inc. to manage the Learn-to-Swim
program for the summer of 2016 season (Attachment B). This contract ensured that the City
was able to provide the community with high quality and reliable swim lessons during the
summer months.
The contract now before Council builds on the successful 2015 and 2016 Learn-to-Swim
program with Team Sheeper expanding the program to offer individuals and families more
swim lesson opportunities throughout the 2017 calendar year, in spring, summer and fall.
These enhancements will provide residents significantly more opportunities for children to
learn to swim throughout the year. Using Team Sheeper to provide an expanded swim lesson
program will require an increase in swim lesson fees, which the City has historically held
exceptionally low. The new fees will be comparable to neighboring cities. The City’s Fee
Reduction Program will continue to be available for low income families and residents with a
disability. In addition, CSD staff are investigating additional scholarship programs through
the Beyond Barriers Athletic Foundation.
The Community Services Department budget can absorb the cost of the contract without
impacting the General Fund due to realizing cost savings by not staffing the Learn-to-Swim
program and by reallocating department salary savings in FY 2017.
Staff, with the community and regular users of Rinconada Pool, will continue to evaluate
options to improve Palo Alto aquatics programming and management. Because there are
numerous stakeholders and some heightened concerns about pool schedule changes from
the status quo, staff are only recommending an expanded swim lesson program at this
time, which has limited impacts to the pool schedule for current swimmers. Staff plans to
conduct additional community outreach and return to Council with further analysis and
aquatics recommendations in the spring of 2017 in an effort to increase access and
availability to Rinconada Pool for Palo Alto residents.
Background
During the summer season, which runs from mid-June through mid-August, the City of Palo
Alto Aquatics Program offers a variety of activities for the community including:
City of Palo Alto Page 3
Exhibit C
•Family recreation swim,
•Adult lap swim,
•Learn-to-Swim lessons,
•Facility rentals for private pool parties,
•Youth competitive swim team (PASA - Palo Alto Stanford Aquatics), and
•Adult competitive swim team (Rinconada Masters).
The City has existing contracts to provide the Rinconada Masters and Palo Alto Stanford
Aquatics (PASA) programs, while City staff has historically provided staffing for the remaining
programs. The majority of the aquatics programs are held at the City-owned Rinconada pool
with some summer swim lessons also taking place at the JLS Middle School pool.
Throughout the rest of the year (mid-September through mid-May), the only aquatics
activities that are offered at Rinconada pool are adult lap swim, PASA, and the Rinconada
Masters.
For the past two summers (2015 and 2016), the City has struggled to hire and retain
adequate pool staff to meet community demand for the Lap Swim, Learn-to-Swim and
Family Recreation Swim. In 2015, CSD entered into an emergency contract with an outside
vendor to mitigate its Learn-to-Swim staffing shortages. Working on a very short timeline,
CSD was able to write and approve a contract with Team Sheeper Inc., a professional third
party aquatics service provider who was able to mobilize quickly and provide qualified
professional swim instructors and lifeguards to support the Palo Alto aquatics programs.
There are several reasons the City aquatics program is experiencing difficulty hiring and
retaining staff. The biggest challenge has been that the City currently only has the ability to
hire part-time staff to work under 1,000 hours each per year but Rinconada has a need for
employees who can work year round to staff the lap swim program. This issue leads to
staffing shortages outside of the summer season. In addition, pay rates for lifeguards and
swim instructors are not as competitive compared to other employment opportunities for
high school and college students. The majority of the aquatics employees are students and
after summer they have limited work availability.
Following the 2015 summer swim season, CSD staff conducted program evaluations of the
summer lessons that Team Sheeper Inc. had provided. Parents of participants were pleased
with the experience and felt their children had made progress and improved their
techniques over the course of the lessons. Because the 2015 Team Sheeper program was
well received by the community and because of continuing staffing shortages, CSD entered
into another short-term limited contract with Team Sheeper Inc. to manage the Learn-to-
Swim program for the Summer 2016 season as well as to provide lifeguarding hours for
short-staffed lap swim sessions as needed.
City of Palo Alto Page 4
Exhibit C
Provision of aquatics services for cities in the region is delivered in a number of ways. For
example, the City of Menlo Park contracted out their entire aquatics program to Team
Sheeper, Inc. and it now operates in a public-private partnership as Menlo Swim & Sport. The
City of Morgan Hill has a unique partnership with the YMCA to run their recreation
programs. As partners, the City of Morgan Hill and YMCA partner to provide high quality
health and fitness, youth, teen, family, and senior programs including aquatics for residents
and the surrounding community to enjoy. Currently, the City of Palo Alto provides a hybrid
program where the Aquatics program is predominantly run in house with the exception of
our Master’s and PASA programs which are provided by contractors.
In December 2015, after receiving direction from the Finance Committee and Council, CSD
issued a Request for Proposals (RFP) for the following services: 1) Learn-to-Swim lessons; 2)
Youth Competitive Swim Team; 3) Adult Master Swim Team; and 4) aquatics facilities
operation, including recreational swim, lap swim, and pool rentals. Firms were invited to
submit a proposal for one or all of the above services and attend a pre-bid meeting. Two
proposals were received one from the Palo Alto Family YMCA and the other from Team
Sheeper Inc. Of the two proposals Team Sheeper Inc. offered a lower cost and greater
diversity of programs and services while providing high quality of service.
Staff proceeded to evaluate short and long term alternatives for future Aquatics Program
delivery with Team Sheeper Inc. Team Sheeper has the experience, staffing levels, and
innovative programming to not only maintain the City’s aquatics program at its current level
of service, but also expand it and add additional new programs if the City so desires.
In May 2016 Council approved a new short term contract with Team Sheeper Inc. to provide
the 2016 Summer Learn-to-Swim program. They again performed very well providing high
quality swim lessons for families.
Discussion
Team Sheeper Inc. is an aquatics operations and management company. Their RFP response
proposed full operational and management services to the City of Palo Alto for a year-round
aquatics program at Rinconada Pool. They are committed to collaborating with existing
programs at Rinconada pool in the effort to support and strengthen Rinconada’s programs
including Rinconada Masters, PASA, swim lessons, lap Swim and family recreation swim.
Staff has discussed the Aquatics RFP responses and analysis as well as our interest in
contracting with Team Sheeper Inc. to oversee aquatics programs at Rinconada Pool with the
Parks and Recreation Commission at their September 27, 2016 and November 13, 2016
regular meetings. The staff reports and minutes from the September PRC meetings can be
seen in Attachment C.
As Council is aware we have heard from a number of resident and non-resident swimmers
from the Rinconada Masters Program and Lap Swim Program who are concerned about
City of Palo Alto Page 5
Exhibit C
potential schedule changes from the status quo. Staff is sensitive to this concern, and is
taking additional time to listen to all stakeholders. Staffs’ goal is to improve programs and
services for residents, and better meet the needs and interests of residents that results in an
increase in overall access to Rinconada Pool and an enhanced experience for more people.
Staff have conducted several community surveys and are also engaging in in-person
intercept surveys at the pool, and we will continue to bring the swimming community
together in the months ahead in collaboration with the Parks and Recreation Commission in
order to arrive at a balanced overall recommendation for a year-round Rinconada Pool
operation.
While the evaluation of Team Sheeper’s role in overseeing the City of Palo Alto’s overall
aquatics program is ongoing, staff believes that we have enough information and alignment
of community interest to expand the swim lesson program at this time with Team Sheeper.
This change will have minimal impact on the pool schedule for Rinconada Masters, Palo Alto
Stanford Aquatics and Lap Swim programs and therefore staff feels confident in making this
recommendation now. In so doing, staff will be able to include the expanded swim lesson
program in the 2017 Summer Camp and Aquatics Enjoy! Catalog, which will be distributed in
January allowing families to have significantly more options for swim lessons beginning as
early as April 2017.
Swim Lesson Program
Currently, Rinconada’s round children’s pool sits unused most of the spring and fall. Team
Sheeper proposes opening the round children’s pool to the public for swim lessons beginning
in April and ending in October of 2017. This would allow the City to more than double the
number of swim lessons provided in 2016. The expanded swim lesson program provides a
number of benefits to families. First and foremost is that children will have the opportunity
to learn to swim in advance of summer and after summer, participate in a new summer swim
camp program, and participate in weekly ongoing swim lessons throughout spring, summer
and fall. Team Sheeper’s learn to swim program titled “Palo Alto Swim and Sport” will
promote life-long fitness, healthy habits and safety. Team Sheeper’s staff will work with
students to develop proper swim technique through focused learning and goal oriented
rewards. The spring through fall lesson program will instill the habit of swimming that
becomes a way of life for children as they grow through adolescence into adulthood. The
scope of service for the contract before Council can be seen in Attachment A.
These changes will also come with an increase in swim lesson fees for customers. The City
has held prices exceptionally low in the past, which has meant that lessons are heavily
subsidized and has consequently limited the number of lessons we have offered. This
contract continues to offer subsidies for Palo Alto residents, but customer prices are not as
low as they have been in previous years. We do not believe that continuing to hold prices as
low as they have been, and strongly limiting the number of lessons, is in the best interest of
City of Palo Alto Page 6
Exhibit C
the majority of residents. Below are the current swim lesson fees compared to the
recommended fees:
Swim Lesson Program 2016 Price
Proposed Price
in the 2017
Enjoy! Catalog
Price Increase
2016 to 2017 Per
Lesson
Team Sheeper's
Revenue Per
Lesson
Proposed City
Subsidy Per
Lesson 2017
Resident Group Lessons $11 $16 $5 $22 $6
Non-Resident Group Lessons $12 $22 $10 $22 $0
Private Resident Lessons $24 $35 $11 $63 $28
Private Non-Resident Lessons $26 $63 $37 $63 $0
In order to mitigate price increases, this contract includes a $6 City subsidy for group lessons
and a $28 subsidy for private lessons for Palo Alto residents in 2017. Despite this subsidy,
prices would still increase from $11 to $16 per group lesson and $24 to $35 per private
lesson. In staffs’ review of other local public and private pools we found the average price
per lesson for group lessons was $13 for public pools and $35 for private pools. The City’s
current pricing structure is not sustainable and should increase regardless of management
changes. (Benchmark pricing is detailed in Appendix D.)
The 2015 and 2016 contracts with Team Sheeper included subsidies for swim lessons of $12
for group lessons and $39 for private lessons. By reducing the City subsidy and sharing in the
increased cost with residents in this upcoming contract year, we will be able to offer
substantially more lessons than in the past.
The Parks and Recreation Commission (PRC) and staff have made clear (on September 27
and November 16 during staff presentations on aquatics,) that group youth swim lesson
pricing should not be a barrier to learning to swim. Staff believes that the recommended
subsidy should maintain lesson accessibility for Palo Alto’s families. In addition, the Fee
Reduction program currently available to low income youth residents will continue to be
available through the Team Sheeper program.
City of Palo Alto Page 7
Exhibit C
Group Lessons
Proposed
Fee
City Subsidy
level
Subsidy as
a % of fee
Expected
Enrollment
(~9,000)*
$ 22.00 $ 1.00 5% $9,000
$ 22.00 $ 2.00 9% $18,000
$ 22.00 $ 3.00 14% $27,000
$ 22.00 $ 4.00 18% $36,000
$ 22.00 $ 5.00 23% $45,000
$ 22.00 $ 6.00 27% $54,000
$ 22.00 $ 7.00 32% $63,000
$ 22.00 $ 8.00 36% $72,000
$ 22.00 $ 9.00 41% $81,000
$ 22.00 $ 10.00 45% $90,000
$ 22.00 $ 11.00 50% $99,000
*Enrollment in group swim lessons in 2016 was
4,500
Private Lessons
Proposed
Fee
City Subsidy
level
Subsidy as
a % of fee
Expected
Enrollment
(~2,100)*
$ 63.00 $ 18.00 29% $37,800
$ 63.00 $ 20.00 32% $42,000
$ 63.00 $ 22.00 35% $46,200
$ 63.00 $ 24.00 38% $50,400
$ 63.00 $ 26.00 41% $54,600
$ 63.00 $ 28.00 44% $58,800
$ 63.00 $ 30.00 48% $63,000
$ 63.00 $ 32.00 51% $67,200
$ 63.00 $ 34.00 54% $71,400
$ 63.00 $ 36.00 57% $75,600
$ 63.00 $ 38.00 60% $79,800
*Enrollment in private swim lessons in 2016 was
1,300
This year, we are also recommending that the public use Team Sheeper’s registration system
for swim lesson enrollment. While the Learn-to-Swim program will still be advertised in the
City’s Enjoy! Catalog, families will be directed to register through Team Sheeper in person at
Rinconada Pool or using their website. This change will allow swim staff to quickly adjust
children’s schedules and swim levels without having to involve City staff.
City of Palo Alto Page 8
Exhibit C
City staff and the PRC will continue to evaluate Team Sheeper’s proposal to manage the
overall aquatics program for the City of Palo Alto. As part of the evaluation staff will compare
resource requirements if the City were to operate the Aquatics program in-house at a similar
level of programming as Team Sheeper has proposed. Some of the analysis and community
outreach has been done and can be seen in the September and November PRC staff reports
in Attachment C. At this time, as the evaluation and analysis continue, staff is only
recommending Team Sheeper to manage an expanded swim lesson program with minimal
impacts to the current pool schedule while we continue community outreach and analysis
for any additional aquatics program changes.
Staff have developed a communications plan to reach all pool user groups, including lap
swimmers, Masters swimmers, recreational swimmers and adults who have previously
registered a child in Palo Alto’s learn to swim program. The communications plan includes:
•A frequently asked questions flyer will be displayed at the pool entrance and locker
rooms, posted on the aquatics web page and emailed to lap swimmers, Masters
swimmers and past Learn to Swim participants.
•Staff will host “coffee at the pool” events at various times to allow informal
conversations to occur between staff and pool users. Staff will be available to answer
questions, respond to concerns and provide accurate information on the latest status
of the Aquatics program.
•Individual meetings with the CSD Director or Assistant Director will occur as
requested by community members or groups.
•Community meetings will be scheduled to coincide with decision-making points in the
process. The first community meeting will occur in January 2017.
•Regular updates will be posted on the Aquatics web page and sent via email to all
user groups.
•Specific outreach to residents currently not in an existing aquatics program (lap,
Masters, or Learn to Swim), will be achieved through the Aquatics website,
Community Services Department website and focus groups.
•The Parks and Recreation Commission will receive monthly updates at their regularly
scheduled meetings. Updates may be informal or agendized for discussion or action.
Timeline
•December 12, 2016 – Agreement for calendar year 2017 expanded Learn-to-Swim
contract with Team Sheeper Inc.
•April 1, 2017 – Learn-to-Swim group and private lessons begin
Resource Impact
The contract cost to the City to utilize the professional services of Team Sheeper Inc. for
the 2016 Summer Learn-to-Swim is $113,000; the proposed agreement also includes a
$30,000 contingency for additional supplemental aquatics services if needed, bringing the
total not to exceed amount to $143,000. The Community Services Department budget can
City of Palo Alto Page 9
Exhibit C
absorb the cost of the contract without impacting the General Fund due to realizing cost
savings by not staffing the Learn-to-Swim program and by reallocating department salary
savings in FY 2017. By contracting with Team Sheeper, the City will receive less revenue
than anticipated in lesson registrations. In 2016, swim lesson revenues totaled
approximately $75,000; however, this will be offset by a revenue share with Team Sheeper
Inc. of approximately $36,000 in this new contract.
As discussed above, the plan for longer term service delivery and resource impacts for the
Aquatics Program will be continue to be evaluated during the coming months. Staff will
explore the costs, opportunities and challenges of continuing to offer in-house aquatics
programs versus a more comprehensive agreement with Team Sheeper Inc. to oversee the
City’s aquatics program. Staff anticipates returning to Council in Spring 2017 with further
aquatics recommendations.
Policy Implications
This proposal is aligned with Comprehensive Plan goal G1: Effective and Efficient Delivery
of Community Services.
Environmental Review
The recommendation in this report does not constitute a project requiring review under
the California Environmental Quality Act (CEQA).