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HomeMy WebLinkAboutReso 92-22 Approving a Second Amendment to the Contract Instructor Services Agreement With Squad Estates Dba Skyhawks Tri-Valley East Bay for Recreation Services Reso. No. 92-22, Item 4.5, Adopted 07/19/2022 Page 1 of 1 RESOLUTION NO. 92 - 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A SECOND AMENDMENT TO THE CONTRACT INSTRUCTOR SERVICES AGREEMENT WITH SQUAD ESTATES DBA SKYHAWKS TRI-VALLEY EAST BAY FOR RECREATION SERVICES WHEREAS, on February 1, 2021, the City of Dublin (“City”) and Squad Estates dba Skyhawks Tri-Valley East Bay (“Instructor”) entered into an Agreement for Contract Instructor Services (“Agreement”); and WHEREAS, on September 7, 2021, the City and Contractor agreed to amend the Agreement to provide for a not-to-exceed compensation amount of $95,000 and a term extension to June 30, 2022; and WHEREAS, in the spring and summer 2022 seasons, Skyhawks increased staffing levels to accommodate participant waitlists generating a revenue share exceeding $95,000 and requiring a second amendment to the Agreement; and WHEREAS, the City and Instructor hereby wish to increase the not-to-exceed amount to $135,000 through June 30, 2022, and close out the vendor’s Fiscal Year 2021-22 invoices. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve a second amendment to the Contract Instructor Services Agreement with Squad Estates dba Skyhawks Tri-Valley East Bay for Recreation Services. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement, attached hereto as Exhibit A, and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 19th day of July 2022, by the following vote: AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ______________________________ City Clerk SECOND AMENDMENT TO CONTRACT INSTRUCTOR SERVICES AGREEMENT Squad Estates dba Skyhawks Tri Valley East Bay WHEREAS, on February 1st, 2021 the City of Dublin ("City") and Squad Estates dba Skyhawks Tri Valley East Bay ("Instructor") entered into an Agreement for Contract Instructor Services (“Agreement”); and WHEREAS, on September 7th, 2021 the City and Contractor agreed to amend the agreement to provide for both a not to exceed compensation amount of $95,000 and a term extension to June 30, 2022; and WHEREAS, in spring and summer 2022 seasons, Skyhawks increased staffing levels to accommodate participant waitlists generating a revenue share exceeding $95,000, requiring a second amendment to the agreement: and WHEREAS, the City and Instructor hereby wish to increase the not to exceed amount to $135,000 through June 30th, 2022, and close out the vendor’s fiscal year 2021 -2022 invoices. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Agreement is amended as follows: 1)The Amendment shall rescind the not to exceed compensation amount of $95,000 and replace with a not to exceed compensation amount of $135,000 and end on June 30, 2022. 2)All terms and conditions of the Agreement shall remain in full force and effect during the Extension Term, including but not limited to maintenance of all requisite insurance policies. 3)The amendment is contingent upon the City Council’s appropriation of sufficient funds. CITY: INSTRUCTOR/BUSINESS: By: ____________________________ By:______________________________ Linda Smith City Manager Printed Name:_____________________ Title:____________________________ Exhibit A Franchise Owner Sergio Parra