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Home My WebLink About2000-06-19 City Council (19)TO: BUDGET City a lAlto_ City Manager’s Repot 0HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: COMMUNITY SERVICES DATE: SUBJECT: JUNE 19, 2000 CMR: 242:00 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 $175,000 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. This program has grown tremendously during the past three years. Program participants in the Skyhawks Sports Camps are expected to exceed 1,900 during 2000-2001. 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 altemative 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: 242:00 Page 1 of 2 RESOURCE IMPACT The $175,000 expenditure, is anticipated tO achieve a 131 percent recovery of direct cos.ts by producing revenue of $230,000. Funding of $175,000 for this contract is included in the Proposed City Managers 2000-2001 Budget. POLICY IMPLICATIONS This report does not represent any change to existing City policies TIMELINE If approved, the contract would be implemented July 1, 2000 and continue in effect through June 30, 2001. 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. PREPARED BY: DEPARTMENT HEAD:- Barry E. Weiss, Recreation Superintendent PAUL THILTGEN Community Services Director CITY MANAGER APPROVAL: "~’~IL~’~IARRISON Assistant City Manager ATTACHMENTS Agreement with Skyhawks Sports Academy CMR: 242:00 Page 2 of 2 BY THIS AGREEMENT MADE AND ENTERED INTO ON THE .DAY OF BY AND BETWEENTHE CiTY OF PALO ALTO "CITY", AND (ADDRESS) P:O: R~Y 18529 (~TY) ._qDok~ne, WA (z~P)99208 926-3676 , FAX: [~IOSJ 926-2472 . [DATE TO BE ENTERED19__I, BY CITY PURCHASING (PHONE) 800-804--3505 "CONTRACTOR" IN CONSIDERATION OF THEIR .MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: ¯ CONTRACTOR SHA,, PROWDE OR FURN,SH THE FOLLOWING SPECiFiED 1) GOODS AND MATERIALS, 2) SERVICES OR 3) A COMBINATION THEREOF AS SPECIFIED IN THE EXHIBITS NAMEDBELOW AND ATFAOHED. HERETO AND INCORPORATED HEREIN BY THISREFERENCE:llTLE.;(DES.G..RIPT!ON) Contractor to pr.oVide instructors to teach soccer, baseball, minl-hawk, roller- ~ckey, basketba11, :football and-~extravanganza .camps through the city’ s-Recreation Divisio~ City shai~l provide facilities suitable for camps. Contractor agrees to Compl~ with all ap.plicab!e C.ity policies~ The.Ci~y~ will: process all registration and will provide contr.actc with.the number of students in e~ch. ~lass~ contractor will "take .roll-" and confirm - ¯ . registra~ioh, numbers. ¯ EXHIBITS THE F;QLLOWING A’n’ACHEDEXHIBI~B HEREBY ~,REMADE.PART OF THIS AGREEMI~NT: ..EXbib~:~ A;---;~urrent .cer~ificate ~-.insurance :Exhibit B-- Inst-ructor TB Certificate Status ¯TERM THE~ERVIOESAND/O’RMATERIAL8 F~RNISHED UNDER THIS AGREEMENT SHALL ~MM-ENCE ON J~l~r 1:, .2000 ._ AND SHALL BE C6~PL~ED BEFORE -"June ~0.. " 2001 ’ ~ COMPENSATION ~OR~HE ~U,, PE~FORMANDEOP TH~S AGRE~MENT: " -FAXct~Y~’"~AYC~NT~C+OR: AS provided in ~.xhibi~ C [] CONTRACTOR SHALL PA~ CITY: ¯ PAYMENT RECORD (DEPARTMENT USE REVERSE BIDE) ¯ CITY ACCOUNT NUMBER: KEY CODE OBJECT " PROJECT PHASE NO. I DOLLAR AMOUNT 02818406 3107 981~7 999 I ~ .175 ~000 I GENERAL. TERMS AND CONDITIONS ARE ]NOLUDED ON BOTH SIDES OF THIS AGREEMENT. THIS AGREEMENT SHALL BECOME EFFEOTIVE UPON ITS APPROVAL AND EXECUTION BY ~ITY. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY, MONTH, AND YEAR FIRST WRITTEN ABOVE.HOLD HARMLESS. CONTRACTOR agrees to indemnity, 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 AGREEMENT. This agreement and the terms and conditions on the reverse hereof represent the entire agreement 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 Robert DeGeus CONTRACTOF~. o DEPT.CSD - Recreation P.O. BOX 10250 PALO ALTO CA 94303 , Telephone ’{)E~ 5 0 -3 2 9 -2 ]:1 {) SOC,AL SECUR,. OR I.R.S. NUMBER ¯INVOICING SEND’ALL INVOICES TO THE CITY, ATFN: PROJECT MANAGER ¯CITY OF PALO ALTO APPROVALS:. (ROUTE FOR SIGNATURES ACCORD NG TO NUMBERS IN APPROVAL BOXE.S BELOW) CITY DEPARTMENT Have Been PURCHASING & CONTRACT ADMINISTRATION~Budgeted (3) PRODUCER Seabury & Smith 601 W. Main Street Suite 1400 Spokane, WA 99201-0689 Cathy Sue Smith INSURED SkY, hawks .Sports Academy P;O. Box 18529 :SpOkan"e, WA 99208 (509) 358-3951 4/05/00 , THIS CERTIFICAT~ .S ISSUED AS A MATTER OF INFORMATIONONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW./, COMPANIES AFFORDING COVERAGE COMPANY A ST. PAUL FIRE & MAR INS CO ¯ COMPANY B SCOTTSDALE INSURANCE COMPANY ’ ’ C WAUSAUUNDERWRITERS INS CO COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE ¯ FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICAT’E MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREINISSUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COLTR TYPE OF INSURANCE GENERAL LIABILITY ~MERCIAL GENERAL LIABILITY ~ CLAIMS MADE I~’~OCCUR X._~ OWNER’S & CONTRACTOR’S PROT _~ CROSS LIABILITY AUTOMOBILE LIABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X~’ HIRED AUTOS " X NON-OWNED AUTOS GARAGE LIASlUTY ANY AUTO 8 EXCESS UABILITY ~UMBRELL~ FORM OTHER THAN UMBRELLA F?RM C WORKER’S COMFENSATION AND EMPLOYERS’ UABILITY THE PROPRIETOR/I J INCLPARTNERS/EXECUTIVE OFFICERS ARE:I I EXCL OTHER POUCY NUMBER CKO8402741A CKO8402741A. XLS0008111 231100060123 WORKERS" COMP POUCY EFFECTIVE DATE(MMIDDHY} 2108100 2/08/00 2108100 2108100 POUCY EXPIRATION DATE (MM/DD/YY) 2108/01 2108101 2108/01 2/08/01 LIMITS GENERAL AGGREGATE PRODUCTS - COMP/OP AG~ PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Any one person} COMBINED SINGLE LIMIT BODILY INJURY(Per person) BODILY INJURY(Per accident) PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE RETENTION TORY L M TS EL EACH ACCIDENT EL DISEASE - POLICY LIMIT EL DISEASE - EA EMP, LOYEE 2.000.000 2,000.000 1,000.000 1,000,000 50,000 5,000 $i. 000. 000 $ $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS). THE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS THEIR INTERESTS MAY APPEAR CITY OF PALO ALTOROB DEGEUS 1305 MIDDLEFIELD ROAD’ PALO ALTO, CA 94301 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY ,WILL ENDEAVOR TO MAIL 30 "k DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR UABILITY OF ANY KIND THE ~OMPANY,ITS AGENTS OR REPRESENTATIVES, I/i’: i ">’ " (* tODAYS FOR NON-PAYMENT)’CERTIFICATE NO. 0004001-00486 POLICY NL~BER: CK08402741A/XLS0008111 INSURED:SKYHAWKS SPORTS ACADEMY ST. PAUL FIRE & MARINE INS. CO. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsemen~ modifies insurance provided under ~he following: NAME OF PERSON OR ORGANIZATION PER ADDITIONAL INSURED LISTED ON THE ACORD 25-S FORM ATTACHED WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect t~ liability arising out of your ongoing operations performed for that insured. CG 20 i0 I0 93 City. c." Palo Alto Department of Community Services Recreation, Open Space & Sciences Division Skyhawks Sports Academy P.O. Box 18529 Spokane WA, 99208 Exhibit B Contractor agrees tp~have certificates of negative TB on-file at-their facility for all instructors of classes for children, r .... ,,. . Lucie Stern Center 1305 Middlefield Road Palo Alto, CA 94301 650.329.2261 650.321.5612 fax Ci_tyt._ Palo Alto Department of Community Services Recreation, Open Space & Sciences Division Skyhawks Sports Academy PO Box 18529 Spokane, WA 99208 Exhibit C City shall pay contca~b~fi ~ ""~ For Soccer, Base.15~’~l:’~ Basl~tbal{ 9~ps: ~ For Roller Hoc~.lte_y Ca~.~ps: " " For Mini-HaWk’.& Ftag~<~otb~il Camps: $85-.p~r.rd~istration $9~per regigtraiion -- $Si!÷per registration Lucie Stem Center 1305 Middlefield Road Palo Alto, CA 94301 650.329.2261 650.321.5612 fax