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Home My WebLink About2001-06-25 City CouncilTO: City of Palo AltoCity .Mana_ e6s Report HONORABLE CITY COUNCIL FROM: DATE: CITY MANAGER JUNE 25, 2001 DEPARTMENT:COMMUNITY SERVICES CMR: 225:01 SUBJECT: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 sports camps conducted primarily during the summer. Program participants in the Skyhawks Sports Camps are expected to exceed 1,500 during 2001-2002. 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 program with 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:225:01 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 2001-2002 Budget. POLICY IMPLICATIONS This report does not represem any change to existing City policies. TIMELINE If approved, the contract would be implemented July 1,2001 and continue in effect through June 30, 2002. " ENVIRONMENTAL REVIEW Adoption of the attached contract is not subject to the California Environmental Quality Act (CEQA) under Section 1506 l(b)(3) of the CEQA Guidelines. ATTACHMENTS ¯ Attachment A:Agreement with Skyhawks Sports Academy PREPARED Recreation Superintendent /DEPARTMENT HEAD: PAUL THILTGEN Community Services Director CITY MANAGER APPROVAL: HARRISON Assistant City Manager CMR: 225:01 Page 2 of 2 Request for Sole Source ME M O RAND UM (Purchases in excess of $25,000) To-’Purchasing & Contract Administration Howard Edwards, Manager Communi _ty Services: Recreation, Open Space& Sciences (Department/Division) Rob de Geus, Recreation Coordinator (Requestor) Date: April 6, 2001 Sole Source Request For the Purchase of: Special Interest Classes of Palo Alto Recreation. Requested Supplier/Vendor: Skyhawks Sports Academy Address: 725 W. HastingsRoad, Spokane, WA 99218 Contact: Dave Berto Phone: 800-804-3509 PEID #: 026864 Cost Est. $175,000 JUSTIFICATION: Skyhawks Sports Academy provides and compensates instructors for basketball, baseball, soccer, roller hockey, minihawk and flag football sports camps during the summer, and after-school sports programs through out the year. Skyhawks Sports Academy was chosen to run sports camps and after-school sport~ programs.during the 2001-02 fiscal year because of their wide scope of offeringsof specialty camps, quality of services they provide, clientele they have built through us, as well as the positive responses we have received from the public for their past performance. Program participants are expected to exceed 1,500 during 2001-02. Annual revenues to the City from this program are expected to exceed $230,000. The City of Palo Alto Recreation continually seeks and accepts proposals for new Special Interest classes, camps and instructors. Sole Source Decisions: Attachment to PA-158 (Purchasing Manual - Rev.12/94)Page ~ Request For Sole Source (Justification Continued) City of Palo Alto Department Approval: Requesting Division Head/Su.pervisor Approval of Department Head Date: Date: Purchasing Approvals: Buyer Manager Purchasing & Contract Administration Date: Date: City Manager Approval: Date: Sole Source Decisions: Attachment to PA-158 (Purchasing Manual - Rev.12<94)Page 2 ¯ BY THIS AGREEMENT MADE AND ENTERED INTO ON THE : BY AND BETWEEN THE CITY OF PALO ALTO "CITY", AND (ADDRESS) AGREEMENT No. DAY OF Skyhawks .qportR ~d~..my ,8 (CITY)~pok~ne; WA 19 ~’DATE TO BE ENTERED -- ~.BY CITY PURCHASING (Z!p) _ _,4)~)::~[:~_ _ _(PHONE)~350 "CONTRACTOR" IN CONSIDERATION OF THEIR MUTUAL COVENANTS. THE PARTIES HERETO AGREE AS FOLLOWS: ¯ CONTRACTOR SHALL PROVIDE OR FURNISH THE FOLLOWING SPECIFIED 1)GOODS AND MATERIALS~ 2) SERVICES OR 3) A cOMBINATION . THEREOF AS SPECIFIED IN THE EXHIBITS NAMED BELOW AND A’VFACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE:TITLE:(DESCRIPTJON) Contractor to pr.ovidei~,nstructors to teach Soccer, baseball, minhawk, roller- hockey, basketball, flagfootball camps and after school sports 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, number of registrants,.Contractor will tame roll,iand confirm registrants. Contractor agrees to comply with all-applicable City policies.. " ’ ¯ ¯ ¯ ¯ " EXHIBITS THE FOLLOWING A’n’ACHED EXHIBITS HEREBY AREMADE PART OF THS AGREEMENT: Exhibit A -Current Certificate.of insurance Exhibit D - Compensation Schedule Exhibit B -Instructor TB Certificate Status Exhibit C " Declaration of Employee Safety -@TERM THE SERVICES AND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON July ist 2001 AND SHALLBE COMPLETED BEFORE ._rune 30:~h 2002 " ¯COMPENSATION FOR THE FULL PERFORMANcE OFTHIS AGREEMENT: [] ClTY SHALL PAY CONTRACTOR: As provided in Exhibit D [] CONTRACTOR SHALL PAY CITY: ¯ PAYMENT RECORD (DEPARTMENT USE REVERSE SIDE) ¯ CITY ACCOUNT NUMBER: KEY CODE OBJECT I PROJECT PHASE NO. I DOLLAR AMOUNT 02818406 -3]n7 98137 999 .$175,000.000 02HI R~03 31 n? 98119 999 $5000 GENERAL TERMS AND CONDITIONSARE INCLUDED ON BOTH SIDES OF THIS 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 WRll-IEN ABOVE. HOLD HARMLESS. CONTRACTOR agrees to indemnify, 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’ neo!igent 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 AGREEMENT. This agreement and the terms and conditions on the reverse hereof represent the entire aoreement between the parties with respect to the purchase and sale of the goods, equipment, materials¯or supplies or payment for.servicos which may be the subject of this agreement. All prior agreements, representations, statements, neootiations and undertakings whether oral or written are superseded hereby. PROJECT MANAGER AND REPRESENTATIVE FOR C~TY CONTRACTOR DEPT.R~.I~.R t inn ~/ C.qD TITLE P.O. BOX 10250 SOCIAL SECURITY PALO ALTO, CA 94303 OR I.R.S. NUMBER Telephone 650-~63-~909 ¯ INVOICING SEND ALL INVOICES TO THE CITY, ATTN: PROJECT MANAGER CITY OF PALO ALTO APPROVALS: (ROUTE FOR SIGNATURES ACCORDING TO NUMBERS IN APPROVAL BOXES BELOW) CITY DEPARTMENT~l--] FundsBudgetedHave Been INSURANCE REVIEW PURCHASING & CONTRACT ADMINISTRATION (1)(2)(3) APPROVAL OVER $25,000 " APPROVAL~ViER:$65~O00 " CITY OF PALO ALTO CPA 02782 RETAIN GREEN COPY FOR YOI IR FII Fg CONTRACTOR REV. 6/98 PRODUCER CERTIFICATE OF INSURANCE K & K Insurance Groups 1712. Hagnavox Nay PoOo Box 2338 Fort Wayne, In ~6801 INSURED SKYHAWKS SPORTS ACADEMY DBA SOCCER JAM DBA DBA SHADOW ACADEMY P 0 BOX 18529 SPOKANE WA 99208 COVERAGES SOCCER BLAST Exhibit A TIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MAI-I’ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT /<),END, EXTEND OR ALTER THE COVERAGE AFFORDED BY. THE POLICIES BELOW. CO.LTR A A COMPANIES AFFORDING COVERAGE COMPANY A.TI6 INSURANCE COHPANYLETTER COMPANY LETTER B A B COMPANY LETTER’ C THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IN- DICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDI- TYPE OF INSURANCE General Liability [] Commercial General Liability [] Claims Made [] Occur. [] Owner’s & Contractors Prot. A Automobile Liability [] Any auto [] All owned autos [] Scheduled autos Hired autos Non-owned autos Garage Liability Excess Liability [] STRAIGHT EXCESS [] Other than Umbrella form Workers’ Compensation and Employers’ Liability Participant Accident POLICY NUMBER T7 380z~275300 T7 380~.275300 KLB3804319100 WC8047327400 T7 380~275300 POLICY EFFECTIVE DATE (MM/DD/YY) 1~.: O1AM z/oa/o]. 12 Zloa/oz 12:01 AM 2/08/01 12:01 AM 2/08/01 iZ: OIAM 2/o8/ol POLICY EXPIRATION DATE (MM/ODIYY) 12:01AM z/oa/o2 12:01AM 12:01AM 2/08/02 12:01 AM 2/08/02 12:01AMz/oa/oz DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESlRESTRICTIONSISPECIAL ITEM8 LIMITS(in thousands) General Aggregate $NORE Products-Oomp/Ops Aggregate $i00(~ Personal & Advertising Injury $1013/~ Each Occurrence $’i000 Fire Damage (Any one f~e)$3~3~ Medical Expense (Any one person)$ Participant Legal Liability $10 O0CombinedSingle Limit $ ] 0 O0 " (per person) $ (per accident) $ PropertyDamage $ Each Occurrence Aggregate $5000 $ 5000 Statutory ..$1000 Each Accident 1000 Disease-Policy Limit $]. 000 Disease-Each Employee AD&D $NnNE Primary Medical $NONF Excess Medical $Z~ Weekly Indemnity $X NONE CERTIFICATE HOLDER IS LISTED AS AN ADDITIONAL INSURED CERTIFICATE HOLDER CANCELLATION CITY OF PALO ALTO ROB DE GEUS 1305 MIDDLEFIELD RD PALO ALTO CA 94301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL._=~_O_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATI~VES,.: ~:- ~ AUTHORIZED REPRESENTAT~:’~"~" /~ "~-’~__=~ " SL 39 1-92 City of Palo Alto Department of Community Services Skyhawks Sports Academy P.O. Box 18529 Spokane, WA 99208 Recreation, Open Space & Sciences Division EXHIBIT B Contractor agrees to have certificates of negative TB on file at their facility for all instructors working with children. Lucie Stern Center 1305 Middlefield Road Palo Alto, CA 94301 650.329.2261 650.321.5612 fax DECLARATION OF EN£PLOYEE SAFETY Exhibit C (Your Name)(Organization’s Name) d~clare th~’isafety of our staffand promise that we do not’now ~d never will hire staff’who have been convicted of the following: 1. We do not now, and never will hire persons to teach our children’s programs who have been convicted of violating the following crimes: Penal Code sections 262, 261,261.5, 262, 266, 266j, 267, 272,.273.a, 273d, 273.5, 285, to 21~9, inclusive, 31t.4, 311.10, 311.1,314, ’647.6, forme..r Section 647a, or subdivision (a) or(d) of Section 647, or corr~nhment as a menta!ly disordered sex offender under former Ai’ticle I (commencing with Section 6300) of chapter 2 of part 2 of Division 6 of the Welfare and Institutions Code, " 2. We do not.ngw, and n~ver will hire persons to teach our children’s programs who have been convicted, as a felony, o-f violating any of the following: Penal Code sections 211 (including the finding that they used a dangerous weapon in .the commission of’the robbery), 2-17.1, Chapter 8 (Commenting with Section 236), Chapter 9 (commencing Mth Section 240), or any offense specified in ~;ubdivision (c) of Section 667.5. 3. Our employeeshave not had more than three misdemeanor convictions during the immediately preceding to.n-year period, of any of the’ offenses specified "in paragraph 2 .of this declaration. 4. Our employees have never been disciplined or terminated from a job because of inappropriate behavior towards a person under the age of 18. I under penalty ofperjury under the. laws of the State of California declare thai the foi’egoing is true and correct, and that every action has been taken to ensure the safety of our employees who work with dhildren under the age of 1.8. I have signed this declaration on the (Print Nam¢& Till,) Cityof Palo Alto Department of Community Services Skyhawks Sports Academy P.O. Box 18529 Spokane, WA 99208 Recreation, Open Space & Sciences Divisior{ EXHIBIT D City shall pay contractor: Full Day Camps: Soccer, Baseball, Roller Hockey & Basketball For Half Day Camps: Minihawk, Flag-football & Roller Hockey After School programs $85 per registrant $81 per registrant 70% of resident fee Lucie Stem Center 1305 Middlefi61d Road Palo Alto, CA 94301 650.329.2261 650.321.5612 fax