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HomeMy WebLinkAbout2002-06-24 City Council (13)TO: FROM: DATE: SUBJECT: HONORABLE CITY COUNCIL CITY MANAGER City of Palo Alto City Manager’s Report DEPARTMENT: COMMUNITY SERVICES JUNE 24, 2002 CMR: 292:02 AGREEMENT WITH SKYHAWKS SPORTS ACADEMY FOR RECREATION YOUTH SPORTS CONTRACT CAMPS RECOMMENDATION Staff recommends that Council approve and authorize-the Mayor to execute the attached agreement with Skyhawks Sports Academy for $180,000 to provide revenue-producing youth sports camps on a contract basis. BACKGROUND The Recreation Division utilizes many contractors who provide a variety of services and programs for the community. Fees for these programs are reviewed and approved by the City Council. Should registration for any of these activities fall short of the minimum required enrollment, the activity is canceled. Any fee collected for a canceled activity is returned to registrants, with no payment to the contractor. DISCUSSION Skyhawks Sports Academy provides and compensates- instructors for a variety of spots camps conducted primarily during the su .myner. Program particiPants, in the Skyhawks Sports Camps are expected to exceed 1,400 d~ing 2002-2003. The Palo Alto Municipal Code.(PAMC 2.30.140) allows sole source-agreements when services are only available from one provider. Although staff continues to investigate the market in the Mid-Peninsula area, staff is aware of no other person or group with the specialized skills and knowledge to provide these specific services. ALTERNATIVES TO STAFF RECOMMENDATION The only viable alternative is to conduct the programwith City staff. This would require an undetermined amount of salary and supply dollars to be added to the budget. This option would not be as cost effective as the present contract arrangement. CMR:292:02 Page 1 of 2 RESOURCE IMPACT The $180,000 expenditure is anticipated to achieve a 131 percent recovery of direct costs by producing revenue of $230,000. Funding of $180,000 for this contract is included in the Proposed City Managers 2002-2003 Budget. POLICY IMPLICATIONS This report does not represent any change to exi’sting City policies. TIMELINE If approved, the contract would be implemented July 1, 2002 and continue in effect through June 30, 2003. ENVIRO.NMENTAL REVIEW Adoption of the attached contract is not subject to the California Environmental Quality Act (CEQA) under Section 15061 (b)(3) of the CEQA Guidelines. ATTACHMENTS Attachment A:Agreement with Skyhawks Sports Academy PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: DAWN CALVERT Recreation Superintendent PAUL THILTGEN~ Community Services Director E-~ILY HARRISON Assistant City Manager CMR: 225:01 Page 2 of 2 AGREEMENT BY THIS AGREEMENT MADE AND ENTERED INTO ON THE BY AND BETWEEN THE CITY OF PALe ALTO "CITY", ,a DDRESS)725 W. HASTINGS ROAD (CITY) SPOKANE, WA DAY OF 20 SKYHAWKS SPORTS ACADEMY No. {DATE TO BE ENTERED {BY CITY PUR.CHASING (ZIP) 99218 (PHONE)_.800-804-3509 CONTRACTOR" IN CONSIDERATION OF THEm MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: CONTRACTOR SHALL PROVIDE OR FURNISH THE FOLLOWING SPECIFIED I) GOODS AND MATERIALS, 2) SERVICES OR 3) A COMBINATION THEREOF AS SPECIFIED IN THE EXHIEITS NAMED BELOW AND ATTACHED H~RETO AND INCORPORATED HEREIN BY THIS REFERENCE: TITLE: (DESCR]PTIOF0 Contractor to provide instrructors to tdach soccer, baseball, minihawk, roller hockey, basketball, flag football, golf, jr. hawk camps and after school classes through the City’s Recreation Division. City shall provide facilities suitable for camps and classes. The City will process all registrations and will provide contractor with number of. registrants. Contractor will take roll and confirm registrants. Contraetoragr~es to comply with all applicabl~ City policies. EXItlBITS ~ FOLLOWING ATTACHED EXHIBITS HEREBY ARE MADE PART OF THIS AGREEMENT: EXHIBIT A - current certificate of insurance EXHIBIT C - compensation schedule EXHIBIT B - instructor TB certificate status EXHIBIT D - declaration of employee safety TERM ~ SERVICES AND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON AND SHALL BE COMPLETED BEFORE JUNE 30, 2003 COMPENSATION FOR- rile ~W_~L PERPOVav~ANCE OF THIS AGREErCmNT: [] CITY SHALL PAY CONTRACTOR:as provided in EXHIBIT C [] CONTRACTOR SHALL PAY CITY: JULY I, 2002 PAYMENT RECORD (DEPARTMENT USE REVERSE SIDE) nt~gotiations and undertakings whether.oral or written are superseded hereby. PROJECT MANAGER A~ REPRESENTATrVX FOR CI~ NAME Erie Christensen CITY ACCOUNT NUMBER: 02818406 3107 98137 999 $175,000 ¯ 02818403 3107 98119 999 $5,000 GENERAL TERMS AND CONDITIONS ~ INCLUDED O_N 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 idemrdfy, defend and hold harmless CITY, its Council Members, officers, employees, andagents from any and all demands, claims or liability of any nature, including wrongfu! 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 ggreeme~t by CONaa~CTOR. ENTIRE AGREEMENT. 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 Sul~plies or payment for services which may be the subject of this agreement. All prior agreements, representations, statements, DEPT.CSD - Recreation P.O, BOX 10250 PALe ALTO, CA 94303 Telephone 650-463-4929 INVOICING SESD ALL INVOICES TO THE CITY, ATTN: PROJECT MANAGER CITY OF PALe ALTO APPROVALS: Have Been 000 BY: $65,000 APPROVED AS TO FORM: MAYOR CITY CLERK CITY ATTORNEY Request For Sole Source (Justification Continued) City of Palo Alto Department Approval: ~equesting Division Head/Supervis~~--~,~ Approval of Department ~ } ~--I l Purchasing Ap Buyer Manager Purchasing & Contract Administration Date: Sole Source Decisions: Attachment to PA-158 (Purchasing Hanual Rev. 12194) Page 2 P~LI_,O ACCEPTANCE THIS AGREEMENT IS LIMITED TOTHE 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 IS UNDERSTOOD AND AGREED THAT THiS AGREEMENT IS NOT A CONTRACT OF EMPLOYMENT.iN THE SENSE THAT THE RELATION OF MASTER AND SERVANT EXISTS BETWEEN 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 GENEP~L LIABILITY. OR COMPREHENSIVE AUTOMOBILE POLICY OR POLICIES, CONTRACTORS SHALL AT A MINIMUM; AND QNLY WITH THE WRITTEN APPROVAL OF CITY’S RISK MANAGEROR 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 OFTHE POLICY, OR POLICIES, NOT LATER THAN TWENTY (20) DAYS BEFORE EXPIRATION OF THE TERMS OF ANY SUCH POLIC.Y. TERMINATION, THIS AGREEMENT MAY BE TERMINATED BY CITY UPON TEN (10) DAYS WRITI’EN 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 WRITI’EN CONSENT. OF THE .CITY.. NO CHANGES OR VARIATIONS OF ANYKIND ARE AUTHORIZED WITHOUT THE WRrFrEN 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 MATI’ERS 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 NOPAYMENT, 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) Warrant No.Dat._je Amount 1):.,1). 2),~2) 3)3) WRITFEN 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 NONCONFORM NG ,GOODS OR SERVICES, PROMPTLY, CITY, AFTER REASONABLE NOTICE TO CONTRACTOR, MAY MAKE SUCH CORI~ECTIONS 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 I_~. BOR 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 ALSOAGREES 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.B. 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 SHIPMENT’S; (c) AND COMPLY WITH CURRENT PACKAGING AND LABELING REQUIREMENTS PRESCRIBED BY D.O.T. Warrant No.Dat.je Amount