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Home My WebLink About2003-04-14 City Council (4)TO:HONORABLE CITY COUNCIL 7 FROM: CITY MANAGER DEPARTMENT: COMMUNITY SERVICES DATE: SUBJECT: APRIL 14, 2003 CMR: 169:03 APPROVAL OF AMENDMENT 1 TO INCREASE EXISTING CONTRACT (P3001015) WITH JOHN T. WHITLINGER IN THE AMOUNT OF $40,000 FOR ADDITIONAL CLASSES AND INDIVIDUAL LESSONS FOR YOUTH AND ADULTS RECOMMENDATION Staff recommends that Council approve and authorize the Mayor to execute the attached Amendment 1 to Contract P3001015 with John T. Whitlinger, increasing the amount of the contract by an additional $40,000 for a total not to exceed amount of $103,105, for additional tennis classes and individual lessons. DISCUSSION John T. Whitlinger provides instructors for tennis programs conducted through the City’s Recreation Division. For over ten years, Whitlinger has consistently provided high quality tennis classes for the City. This Contractor offers similar services to a number of our neighboring cities, which allows them to maintain a very low instructor turnover rate. Whitlinger provides a wide range of tennis classes and individual tennis lessons for adults and youth at all skill levels. As a result, this year we expect at least 1,200 registrations for tennis classes. Residents continue to fill the classes offered each quarter, creating an ongoing demand for more tennis programs. Customer evaluations are consistently positive and rate the instructors and the service provided with a good to excellent ranking. In addition, John T. Whitlinger is on the coaching staff at Stanford University, which has further developed their reputation in our community. As of December 31, FY 2002-03, John T. Whitlinger has generated approximately $58,000 in classes and individual lesson revenues. This increase in demand of classes and lessons has resulted in the original contract authority for compensation of $63,105 being fully exhausted after five months. Staff has determined that additional contract authority CMR:169:03 Page 1 of 2 of $40,000 will be required to complete the agreement with John T. Whitlinger, and is requesting Council to approve a contract amendment to compensate John T. Whitlinger accordingly. The total contract authorization would be a sum not to exceed $103,105 if the amendment is approved. Given this dollar amount, Recreation Staff intends to initiate a formal Request For Proposal (RFP) process for 2003-04. The City continues to receive a net revenue of approximately 20% for all tennis classes and individual lessons. Attachment B shows City net revenue for tennis classes or individual tennis lesson. RESOURCE IMPACT Funds for this contract amendment are included in the FY 2002-03 budget. POLICY IMPLICATIONS This report will not represent a change to existing City of Palo Alto policies at this time. ENVIRONMENTAL ASSESSMENT This amendment to the agreement does not constitute a project under the California Environmental Quality Act. Therefore, no environmental assessment is needed. ATTACHMENTS A: Amendment # 1 to Contract with John T. Whitlinger B" City Net Revenue ,r Individual Tennis Lesson PREPARED BY: C. EVA Class Coordinator, Community Services Department REVIEWED BY: PAUL THILTGEN CITY MANAGER APPROVAL: Director, Community/~rvfces Department ! EMILY HARRISON Assistant City Manager CMR: 169:03 Page 2 of 2 AMENDMENT NO. ONE TO AGREEMENT NO. P3001015 BETWEEN THE CITY OF PALO ALTO AND JOHN T. WHITLINGER This ~endment No.One to Agreement No. P300!0!5 <"Agreement") is entered into , by and between the CITY OF PALO ALTO ("CITY"),and JOHN T. WHITLiNGER, a sole proprietor !ocated at 260 Hedge Road, Menlo Park, California 94025 ("CONTRACTOR"). RE C I TAL S: WHEREAS, the Agreement was entered into between the marries for the provision of instructors to <each tennis lessons/classes and leagues through the City of Palo A!to’s Recreation Division for the period July !, 2002 to June 30, 2003; and WHEREAS, the parties increased the compensation section of the Agreement from Forty Thousand Dollars ($40,000) to Sixty Thousand Dollars ($60,000) through Change Order #I; and WHEREAS, the parties increased the compensation section of the Agreement from Sixty Thousand Dollars to Sixty-Three Thousand One Hundred Five Dollars ($63,105) through Change Order #2; and WHEREAS the parties modified the registration process for individual classes provided pursuant to the Agreement through an ~irLendment "’A’" attached to Change Order 23" and WHEREAS, the parties now wish to reaffirm the amendments ro the contract made through change orders and to increase the compensation section of the Agreement to cover additiona! tennis lessons, classes and leagues by an additional Forty Thousand Dollars ($40,000) for tota! not to exceed amount of One Hundred ~ir~ Thousand One Hundred Five Dollars NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, :he parties agree: SsC~_ION ..... ~ The~_~..<-~+~n entitled "COMPENSAT-!ON" is herebv~ amended to read as follows: City shall pay Contractor at the rates provided for in Exhibit "D". !n no event shall the tota! compensation paid for services r~n~e:e~ under this contracte~cee,~ ’ One 030409 sdl 7060581 Hundred Three Thousand Dollars ($103,105). One Hundred Five SECTION 2. The Agreement is hereby amended to add ~en6ment "A’" to Change Order #3 as Exhibit "E’" -- Revised Registration Process, a copy of which is attached hereto and incorporated herein by reference. SECTION 3.Except as herein modified, all other provisions of the A ~ ’’-greemen~, including any exhibits and subseGuent amendments thereto, shal! remain in full force and effect. - _iN WITNESS_. WHEREOF, the _marties have by_ ~h~:_-~r duly authorized_remr~sentatives_ --executed this._ .<mendment on the date first above written. ATTEST:CITY OF PALO ALTO City Clerk APPROVED AS TO FORM: Mayor CONTRACTOR Senior Asst. City Attorney APPROVED: John T. Whitiinger, Owner Assistant City Manager S_~r~<~or of Administrative Services Director of Community Services :nsurance ~_ .eview Attachments: EXHIBIT "E""Revised Registration Process for individuals 030409 sdl 7060581 EXHIBIT "E" Amendment A- John T, Whitlinqer / CPA contract P300:£0:~5 Date: 12-3-02 Individual tennis lessons taught by professional staff of Stanford Coach John Whittinger and USPTA Professional Tom Sarsfield, Resident Fees: One Hour individual $ Three Hour Individual,$ One Hour Two people $ Three Hour two people $ Non-Resident Fees: Fee Fee Reduction Program 50.00 $12.50 135.OO $33.75 55.00 $13.75 150.00 $37.50 Fee One Hour Individual $55.00 Three Hour Individual $145.00 One Hour Two people $65.00 Three Hour two people $160.00 REGISTRATION 1. Customers call Whitlinger, USPTA Professionals to arrange time of lesson: ¯Terry Billings 365-6780 ¯ George Ma 576-5660 2.Student pays instructor at time of lesson. 3.Check must be payable to CTTY OF PALO ALTO. 4.On the check make a note that payment is for Tennis Lessons, and write the name of participant if different from person making payment, 5. Fee Reduction Participants (FRP) must show instructor their current FRP card with name of participant on the card to receive 75% discount - see fees above. 6. Instructor has customer sign City liability waiver prior to lesson commencing. 7. instructors submit checks and liability waivers to Tom Sarsfietd (representing _lohn Whitlinger). 8. Tom Sarsfield submits checks, a breakdown report of participants i.e. youth versus adult, FRP participants, amounts paid and signed participant waivers to Palo Alto Recreation bi-weekly. ca. Checks will be entered into the Lucie Stern Community Center cash register as per approved cash handling procedures. 10. Palo Alto Recreation provides Tom Sarsfield with receipt. REIMBURSEMENT !. _lohn Whitlinger paid at rate of 80% of checks deposited by Palo Alto Recreation. Payment will be made monthly. 2.Payment for individual lessons payable to _John Whittinger. Supervisor of Revenue Collections Director of Administrative Services Recreation, C~en Space & Sciences Division April ! 1, 2002 Cityof Palo Alto Department of Community Services John T. Whitlinger 260 Hedge Road Menlo Park, CA 94025 Terms and Conditions for work through the City of Palo Alto: Instructor (Contractor) to teach classes and or camps through Palo Alto Recreation Division during the period of July 1, 2002 to June 30, 2003 according to instructor’s schedule, as approved by the City of Palo Alto. The City shall provide facilities suitable for the class. Contractor agrees to comply with all applicable City policies. Contractor and City will share all promotional efforts. The City must approve all promotional flyers and brochures and affix the City’s Recreation logo, prior to distribution. The City will process all registrations and will provide contractor with the number of registrants. Contractor is responsible for taking "roll" and confirming registration numbers. Contractor further agrees to submit the following prior to start date: 0 Negative TB tests for all staff working with children. Fingerprint background check for all staff working with children. Signed copy of the Declaration of Employee Safety AB- 14. Insurance in accordance with City guidelines. All class fees to be received by the City of Palo Alto and Paid to the contractor according to the following compensation schedule. City shall pay contractor: For Adult and Youth Classes (6 hours of lessons) For Terrific Tiny Tennis Classes (four 45min lessons) For Terrific Tiny Tennis Classes (six 45min lessons) For Junior League Tennis For Doubles Individual Lessons $35 per registrant $25 per registrant $35 per registrant $1 ! 0 per registrant $45 per registrant 80% of resident fee I hereby agree to the above terms: Name & Title Signature Date Lucie Stern Center 1305 Middlefield Road Palo Alto, CA 94301 650.329.2261 650.321.5612 fax AL~EMENT . Y THIS AGREEMENT MADE AND ENTERED tNTO ON THE / -’~’~’- DAY OF d’~// !~ BETW~m,’ V,-IE CITY OF PALO ALTO "CITY", AND JOHN WHITLINOER ,a. DDKESS) 260 Hedge Road (crrY) Menlo Park (zn~) 94025 (PHONE)_(650) 725-5648 CONTRACTOR" IN CONSIDERATION OF THEIR MUTUAL COVENANATS, THE PARTIES HERETO AGREE AS FOLLOWS: CONTRACTOR SHALL PROVIDE OR FUR~SH THE FOLLOWING SPECIFIED 1) GOODS AND MATERL4LS, 2) SERVICES OR 3) A COMBINATION THEREOF AS SPECIFIED IN TH~ EXhiBITS NAMED BELOW AND ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE: TITLE: (DESCR~TION) Contractors to provide instructors to teach tennis lessons/classes and leagues through the City’s Recreation Division, for the period of July 1st 2002 to June 30a 2003. The City shall provide facilities suitable for presenting tennis leassons. The City will process all registrations and provide contractor with the number of students registered. Contractor will take roll and confwm registrations numbers. Contractor agrees to comply with all applicable City policies. No. F:~ GO I0 20 O ~ {DATE TO BE ENTERED {BY CITY PURCHASING EXttlBITS THE FOLLOWING ATTACHED EXHIBITS HEREBY ARE MADE PART OF THIS AGREEMENT: Exhibit A - Certificate of Insurance Exhibit D - Compensation Schedule Exhibit B - Instructor TB Certificate Stares Exhibit C -Declaration of Employee Safety TERM ~x SERVICES AND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON AND SHALL BE COMPLETED BEFORE June 30a 2003 s~ 9Julv 1 -002 COMPENSATION FOR THE FULL PERFORMANCE OF THIS AGREEMENT: [] CITY SHALL PAY CONTRACTOR: As provided in Exhibit D [] CONTRACTOR SHALL PAY CITY: "AYMENT RECORD (DEPARTMENT USE REVERSE SIDE) CITY ACCOUNT NUMBER: KEY CODE OBJECT PROJECT PHASE NO.] DOLLAR AMOUNT 02818403 3107 98119 999 ] $20,000.00 02818394 3107 98115 999 I $20,000.00GENERAL TERMS AND CONDITIONS ARE INCLUDED ON BOTH SIDES OF T HIS AGREEMENT. THIS AGREEMENT SHALL BECOME EFFECTIVE UPON ITS APPROVAL AND EXECUTION BY CITY. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY, MONTH, AND YEAR FIRST WRITTEN ABOVE. HOLD HARMLESS. CONTRACTOR agrees to idemnify, defend and hold harmless CITY, its Council Members, officers, employees, and agents from any and all demands, claims or liability of any nature, including wrongful death, caused by or arising out of CONTRACTOR’S, its officers’, directors’, employees’ or agents’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which the law imposes strict liability on CONTRACTOR in the performance of or failure to perform this agreement by CONTRACTOR. ENTIRE AGREElVIENT. This agreement and the terms and conditions on the reverse hereof represent the entire agreementt between the parties with respect to the purchase and sale of the goods, equipment, materials or supplies or payment for services which may be the subject of this agreement. All prior agreements, representations, statements, negotiations and undertakings whether oral or written are superseded hereby. PROJECT MANAGER AND REPRESENTATIVE FOR CITY NAME Sharon C. Eva DEPT.Recreation / Csd P.O, BOX 10250 PALO ALTO, CA 94303 Telephone (650) 4634909 CONTRACTOR / TITLE 7-~/~/d SOCIAL SECURITY OR I.R.S. NUMBER INVOICING SEND ALL INVOICES TO THE CITY, ATTN: PROJECT MANAGER CITY QF PALO ALTO APPROYALS: ~ TO ovAL BOXES BELOW) I _-~/.~..i-Budgeted .PRov. ,; :00o ALO ALTO ’~ ATTEST: ~--"~- ~- APPROVED AS TO FORM: BY:__ ~BY:IBY: ASSISTANT CITY MANAGER ~CITY CLERK CITY ATTORNEY PALO ALTO ACCEP~’ANCE THIS AGREEMENT IS LIMITED TO THE TERMS AND CONDITIONS ON THE FACE AND BACK HEREOF WHICH INCLUDES ANY EXHIBITS REFERENCED. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA INTEREST OF CONTRACTOR. IT ~S UNDERSTOOD AND AGREED THAT THIS AGREEMENT IS NOT A CONTRACT OF EMPLOYMENT IN THE SENSE THAT THE RELATION OF MASTER AND SERVANT EXISTS BE’[WEEN THE CITY AND UNDERSIGNED. AT ALL TIMES CONTRACTOR SHALL BE DEEMED TO BE AN INDEPENDENT CONTRACTOR AND CONTRACTOR IS NOT AUTHORIZED TO BIND CITY TO ANY CONTRACTS OR OTHER OBLIGATIONS. IN EXECUTING THIS AGREEMENT, CONTRACTOR CERTIFIES THAT NO ONE WHO HAS OR WILL HAVE ANY FINANCIAL INTEREST UNDER THIS AGREEMENT IS AN OFFICER OR EMPLOYEE OF CITY. INSURANCE. CONTRACTOR AGREES TO PROVIDE THE INSURANCE SPECIFIED IN THE ’INSURANCE REQUIREMENTS" FORM iSSUED HEREWITH, IN THE EVENT SELLER IS UNABLE TO SECURE A POLICY ENDORSEMENT NAMING THE CITY OF PALO ALTO AS AN ADDITIONAL INSURED UNDER ANY COMPREHENSIVE GENERAL LIABILITY OR COMPREHENSIVE AUTOMOBILE POLICY OR POLICIES, CONTRACTORS SHALL AT A MINIMUM, AND ONLY WITH THE WRITTEN APPROVAL OF CITY’S RISK MANAGER OR DESIGNEE, CAUSE EACH SUCH INSURANCE POLICY OBTAINED BY IT TO CONTAIN AN ENDORSEMENT PROVIDING THAT THE INSURER WAIVES ALL RIGHT OF RECOVERY BY WAY OF SUBROGATION AGAINST CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES IN CONNECTION WITH ANY DAMAGE, CLAIM , LIABILITY PERSONAL INJURY, OR WRONGFUL DEATH COVERED BY AN SUCH POLICY. EACH SUCH POLICY OBTAINED BY CONTRACTOR SHALL CONTAIN AN ENDORSEMENT REQUIRING THIRTY (30) DAYS’ WRITTEN NOTICE FROM THE INSURER TO CITY BEFORE CANCELLATION OR CHANGE IN THE COVERAGE, SCOPE OR AMOUNT OF SUCH POLICY. CONTRACTOR SHALL PROVIDE CERTIFICATES OF SUCH POLICIES OR OTHER EVIDENCE OF COVERAGE SATISFACTORY TO CITY’S RISK MANAGER, TOGETHER WITH EVIDENCE OF PAYMENT OF PREMIUMS. TO CITY AT THE COMMENCEMENT OF THIS AGREEMENT, AND ON RENEWAL OF THE POLICY, OR POLICIES, NOT LATER THAN TWENTY (20) DAYS BEFORE EXPIRATION OF THE TERMS OF ANY SUCH POLICY. TERMINATION, THIS AGREEMENT MAY BE TERMINATED BY CITY UPON TEN (10) DAYS WRITTEN NOTICE TO CONTRACTOR. MONIES THAN OWING BASED UPON WORK SATISFACTORILY ACCOMPLISHED SHALL BE PAID TO CONTRACTOR. CHANGES THIS AGREEMENT SHALL NOT BE ASSIGNED OR TRANSFERRED WITHOUT THE WRITTEN CONSENT OF THE CITY. NO CHANGES OR VARIATIONS OF ANY KIND ARE AUTHORIZED WITHOUT THE WRITTEN CONSENT OF THE CITY MANAGER. AUDITS. CONTRACTOR AGREES TO 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 SUCH RECORDS FOR AT LEAST THREE (3) YEARS AFTER THE TERM OF THIS AGREEMENT. NO IMPLIED WAIVER NO PAYMENT, PARTIAL PAYMENT, ACCEPTANCE, OR PARTIAL ACCEPTANCE BY CITY SHALL OPERATE AS A WAIVER ON THE PART OF CITY OF ANY OF ITS RIGHTS UNDER THIS AGREEMENT. CITY’S PROPERTY. TITLE TO CITY’S PROPERTY FURNISHED TO CONTRACTOR SHALL REMAIN IN THE CITY. CONTRACTOR SHALL NOT ALTER OR USE PROPERTY FOR ANY PURPOSE, OTHER THAN THAT SPECIFIED BY CITY, OR FOR ANY OTHER PERSON WITHOUT THE PRIOR PAYMENT RECORD: (For Department Use) WRITTEN CONSENT OF CITY, CONTRACTOR SHALL STORE PROCTECT, PRESERVE, REPAIR AND MAINTAIN SUCH PROPERTY IN ACCORDANCE WITH SOUND PROFESSIONAL PRACTICE, ALL AT CONTRACTOR’S EXPENSE NON.DISCRIMINATION. NO DISCRIMINATION SHALL BE MADE IN THE EMPLOYMENT OF PERSONS UNDER THIS AGREEMENT BECAUSE OF THE RACE, COLOR, NATIONAL ORIGIN, AGE, AND ANCESTRY, RELIGION OR SEX OF SUCH PERSON. WARRANTY. CONTRACTOR EXPRESSLY WARRANTS THAT ALL MATERIALS AND SERVICES COVERED BY THIS AGREEMENT SHALL CONFORM TO THE SPECIFICATIONS, REQUIREMENTS, INSTRUCTIONS OR OTHER DESCRIPTIONS UPON WHICH THIS AGREEMENT IS BASED. SHALL BE FIT AND SUFFICIENT FOR THE PURPOSE INTENDED, OF GOOD MATERIAL AND WORKMANSHIP AND FREE FROM DEFECT AND THAT MATERIALS AND SERVICES OF CONTRACTOR’S DESIGN WILL BE FREE FROM DEFECT IN DESIGN, INSPECTION, TEST, ACCEPTANCE, PAYMENT OR USE OF THE GOODS FURNISHED HEREUNDER SHALL NOT AFFECT THE CONTRACTOR’S OBLIGATION UNDER THIS WARRANTY, AND SUCH WARRANTIES SHALL SURVIVE INSPECTION, TEST ACCEPTANCE AND USE;. CONTRACTOR AGREES TO REPLACE, RESTORE, OR CORRECT DEFECTS OF ANY MATERIALS OR SERVICES NOT CONFORMING TO THE FOREGOING WARRANTY PROMPTLY, WITHOUT EXPENSE TO CITY, WHEN NOTIFIED OF SUCH NONCONFORMITY BY CITY. IN THE EVENT OF FAILURE BY CONTRACTOR TO CORRECT DEFECTS IN OR REPLACE NONCONFORMING GOODS OR SERVICES PROMPTLY, CITY, AFTER REASONABLE NOTICE TO CONTRACTOR, MAY MAKE SUCH CORRECTIONS OR REPLACE SUCH MATERIALS OR SERVICES AND CHARGE CONTRACTOR FOR THE COST INCURRED BY THE CITY THEREBY. WORKERS’ COMPENSATION. CONTRACTOR, BY EXECUTING THIS AGREEMENT, CERTIFIES THAT IT IS AWARE OF THE PROVISIONS OF THE LABOR CODE OF THE STATE OF CALIFORNIA WHICH REQUIRE EVERY EMPLOYER TO BE INSURED AGAINST LIABILITY FOR WORKERS’ COMPENSATION OR TO UNDERTAKE SELF-INSURANCE IN ACCORDANCE WITH THE PROVISIONS OF THAT CODE, AND CERTIFIES THAT IT WILL COMPLY WITH SUCH PROVISIONS BEFORE COMMENCING THE PERFORMANCE OF THE WORK OF THIS AGREEMENT. PRICE TERMS. (a)EXTRA CHARGES, INVOICES AND PAYMENT NO EXTRA CHARGES OF ANY KIND WILL BE ALLOWED UNLESS SPECIFICALLY AGREED TO IN WRITING BY CITY. ALL STATE AND FEDERAL EXCISE, SALES AND USE TAXES SHALL BE STATED SEPARATELY ON THE INVOICES. (b) TRANSPORTATION CHARGES. ANY TRANSPORTATION CHARGES WITH RESPECT TO WHICH CONTRACTOR IS’ENTITLED TO RECEIVE REIMBURSEMENT SHALL BE ADDED TO CONTRACTOR’S INVOICE AS A SEPARATE ITEM, WITH RECEIPTED FREIGHT BILL ATTACHED THERETO. (c) CONTRACTOR WARRANTS THAT THE PRICES FOR MATERIALS OR SERVICES SOLD TO CITY UNDER THIS AGREEMENT ARE NOT LESS FAVORABLE THAN THOSE CURRENTLY EXTENDED TO ANY OTHER CUSTOMERS OF THE SAME OR LIKE ARTICLES .OR SERVICES IN EQUAL OR LESS QUANTITIES IN EVENT CONTRACTOR REDUCES ITS PRICE FOR SUCH MATERIALS OR SERVICES DURING THE TERM OF THIS AGREEMENT, CONTRACT AGREES TO REDUCE THE PRICES OR RATES HEREOF CORRESPONDINGLY. SCHEDULES OR DELIVERY. TIME IS OF THE ESSENCE OF THIS AGREEMENT CONTRACTOR AGREES TO COMPLY WITH THE SPECIFIC SCHEDULE PROVIDED BY THE CITY OR AGREED UPON HERE WITHOUT DELAY AND WITHOUT ANTICIPATING CITY’S REQUIREMENTS. CONTRACTOR ALSO AGREES NOT TO MAKE MATERIAL COMMITMENTS OR SCHEDULING ARRANGEMENTS IN EXCESS OF THE REQUIRED AMOUNT OR IN ADVANCE OF THE TIME NECESSARY TO MEET THE SCHEDULE(S) OF THIS AGREEMENT, IF ANY. TRANSPORTATION, PACKAGING AND LABELING. ALL MATERIALS OR SERVICES ARE TO BE PROVIDED; (a) F.O.& PALO ALTO UNLESS OTHERWISE SPECIFIED; (b) WITH A PACKING LIST ENCLOSED IN CARTONS, WHICH INDICATE THE AGREEMENT NUMBER, EXACT QUANTITY AND DESCRIPTION’S CONCERNING ANY MATERIALS SHIPMENTS; (c) AND COMPLY WITH CURRENT PACKAGING AND LABELING REQUIREMENTS PRESCRIBED BY D.O.T. 1) 2) 3) Warrant No.Date Amount 1) 2) 3) Warrant No.Date Amount To: From: Request for Sole Source MEMORANDUM (Purchases in excess of $5,000) Purchasing & Contract Administration Howard Edwards, Manager Communi _ty Services: Recreation, Open Space & Sciences (Department/Division) Sharon C. Eva, Recreation Coordinator (Requestor) Date: April 11, 2002 Sole Source Request For the Purchase of: Special Interest Classes of Palo Alto Recreation. ¯ Requested Supplier/Vendor: John Whitlinger Address: 260 Hedge Road, Menlo Park, CA 94025 Contact: John Whitlinger Phone: 650-725-5648 PEID #: 003100 Cost Est. $40,000 JUSTIFICATION: The.following sole source justification has been wri.tten according to the Purchasing Manual’s Procedure PA-158 issued 12/94. As a minimum justifications should include: Detailed description of why this meets sole source criteria, see PA-158 (Purchasing Manual). The actions taken by the department/division to search for the product or service and what will be done to ensure competitive pricing. Any reports (verbal or written) prepared by the department/division during the research for available products/services. Expected length of contract. Last date a proposal or bid was received. John Whitlinger Tennis provides instructors for tennis classes conducted throughout the year. This is the only contractor available that offers the size and teaching approach desired by our customers. The estimated annual number of class registrants is 700. Annual revenues to the City in this program exceed $37,000. Whitlinger tennis was chosen to teach these classes during the 2002-03 fiscal year because of their teaching expertise, their unique ability to teach the game of tennis to youth and adults alike, and their loyal, established clientele built through us. The City of Palo Alto Recreation continually seeks and accepts proposals for new Special Interest Classes and instructors. Sole Source Decisions: Attachment to PA-158 (Purchasing Manual Rev.12/94)Page 1 Request For Sole Source (Justification Continued) City of Palo Alto Department Approval: Purchasin~ Buyer ~ "t~ ~’~ ~Date: Manager Purchasing & Contract Administration City Manager Al~prov?l: Date: Date: Sole Source Decisions" Attachment to PA-158 (Purchasing Manual - Rev.12/94)Page 2 Attachment B: City Net Revenue For Tennis Classes And Individual Tennis Lessons Adult and Youth Classes. as of February 2003 ¯ Class fee $55 per student ¯ 435 registered for Adult and Youth Classes o Whitlinger receives $35 per student registered o City of Palo Alto receives $20 per student registered $20 X 435 = $8,700.00 Net revenue the City receives for classes Tiny Terrific Tennis Classes (5 to 8 vrs). as of February 2003 ¯Class fee $55 per student °150 registered for Tiny Terrific Tennis Classes ¯Whitlinger receives $35 per student registered °City of Palo Alto receives $20 per student registered $20 X 150 = $3,000.00 Net revenue Adult and Youth Classes Individual Tennis Lessons. as of February 2003 ¯ City of Palo Alto receives 20% of resident fee Revenue for individual tennis lessons to date is $26,407.50. Net revenue from individual tennis lessons is $5,281.50 Total City Net Revenue from tennis classes and individual tennis lessons as of February 2003 $ 16.981.50