HomeMy WebLinkAbout4.5 Second Amendment to the Contract Instructor Services Agreement with Squad Estates dba Skyhawks Tri-Valley East BaySTAFF REPORT
CITY COUNCIL
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Agenda Item 4.5
DATE:July 19, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Second Amendment to the Contract Instructor Services Agreement with Squad Estates dba Skyhawks Tri-Valley East Bay Prepared by:Jennifer Mendez,Management Analyst I
EXECUTIVE SUMMARY:The City Council will consider a second amendment to the Contract Instructor Services Agreement with Squad Estates dba Skyhawks Tri-Valley East Bay to increase the not-to-exceed compensation amount for the provision of recreational classes.
STAFF RECOMMENDATION:Adopt the Resolution Approving a Second Amendment to the Contract Instructor Services Agreement with Squad Estates dba Skyhawks Tri-Valley East Bay for Recreation Services.
FINANCIAL IMPACT:The City retains 40% and the contractor receives 60% of fee revenue from classes held within City facilities (or a 30%/70% split for virtual classes). The proposed second amendment to the agreement increases the current not-to-exceed amount of $95,000 to $135,000, resulting in an additional $16,000 revenue share for the City.
DESCRIPTION:The Parks and Community Services Department regularly engages independent contractors to deliver recreational activities and programs to the community. Upon acceptance of a proposal, the Staff works with the contractor to determine the specifics of the activity, facility availability, participant minimums and maximums, and participant age ranges. All contractors set their prices and schedules for activities or programs. On February 21, 2021, the City entered into a Contract Instructor Services agreement with Squad Estates, dba Skyhawks Tri-Valley East Bay for the instruction of the basics and fundamentals of sports including basketball, lacrosse, soccer, golf, track and field, flag football, baseball, and multi-sports camps and classes.
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Page 2 of 2
On September 7, 2021, the agreement was amended following an increase in summer 2021 offerings resulting in Skyhawks exceeding the $45,000 threshold for the City Manager’s signature. The amendment included a not-to-exceed compensation amount of $95,000 and extended the term of the agreement to June 30, 2022. In the spring and summer 2022 seasons, Skyhawks increased staffing levels to accommodate participant waitlists generating a revenue share exceeding $95,000. As a result, an increase to the not-to-exceed compensation amount of $95,000 to $135,000 is required as a second amendment to the agreement to close out the vendor’s Fiscal Year 2021-22 invoices.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS:1) Resolution Approving a Second Amendment to the Contract Instructor Services Agreement with Squad Estates dba Skyhawks Tri-Valley East Bay for Recreation Services2) Exhibit A to the Resolution – Second Amendment to the Contract Instructor Services Agreement with Squad Estates
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Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 1
RESOLUTION NO. XX - 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:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
______________________________
City Clerk
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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:____________________________
Attachment 2
Exhibit A to
the Resolution
Franchise Owner
Sergio Parra
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