HomeMy WebLinkAbout4.3 Amendment to the Agreement with Squad Estates dba Skyhawks Tri Valley East BaySTAFF REPORT
CITY COUNCIL
Page 1 of 2
Agenda Item 4.3
DATE:September 7, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Amendment to the Agreement with Squad Estates dba Skyhawks Tri Valley East BayPrepared by:Bridget Amaya,Assistant Parks and Community ServicesDirector
EXECUTIVE SUMMARY:The City Council will consider an amendment to the agreement with Squad Estates dba Skyhawks Tri Valley East Bay to add a not-to-exceed compensation amount for instruction of recreational classes and to extend the term of services.
STAFF RECOMMENDATION:Adopt the Resolution Approving an Amendment to the Contract Instructor Services Agreement with Squad Estates dba Skyhawks Tri Valley East Bay, for Recreation Services.
FINANCIAL IMPACT:Under the existing agreement, the City retains 40% and the contractor receives 60% of fee revenue generated from classes held within City facilities (or a 30%/70% split for virtual classes). The proposed amendment to the agreement provides for up to $95,000 in revenue share (or compensation) to the vendor, which would translate to up to $63,000 in revenue share to the City.
DESCRIPTION:The Parks and Community Services Department regularly engages independent contractors for the delivery of recreational activities and programs to the Dublin community. Upon acceptance of a contractor proposal, Staff works with the contractor to determine the specifics of the activity, facility availability, participant minimums and maximums, and participant age range. All contractors set their own prices and schedules for their activities or programs.Squad Estates dba Skyhawks Tri Valley East Bay (Skyhawks) has an existing contract instructor services agreement with the City for instruction of the basics and fundamentals of sports including basketball, lacrosse, soccer, golf, track and field, flag football, baseball, and multi-sports camps and
55
Page 2 of 2
classes. In addition to the classes and activities they traditionally provide, this summer Skyhawks conducted a new series of sports camps designed as a feeder program for the Dublin Lightning League. With the increased enrollment in these camps, the revenue share with Skyhawks will exceed the $45,000 threshold for the City Manager’s signature, and thus will require City Council approval. The proposed amendment will include a not-to-exceed compensation amount of $95,000 and will extend the term of the current agreement from December 31, 2021 to June 30, 2022, in order to synchronize with the City’s fiscal year.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS:1) Resolution Approving an Amendment to the Agreement to a Contract Instructor Services with Squad Estates dba Skyhawks Tri Valley East Bay2) Exhibit A to the Resolution – Amendment to the Agreement
56
Attachment 1
Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2
RESOLUTION NO. XX – 21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE CONTRACT INSTRUCTOR SERVICES
AGREEMENT WITH SQUAD ESTATES DBA SKYHAWKS TRI VALLEY EAST BAY, FOR
RECREATION SERVICES
WHEREAS,the Parks and Community Services Department regularly engages
independent contractors for the delivery of recreational activities and programs to the Dublin
community; and
WHEREAS, on February 1, 2021 the City of Dublin and Squad Estates, Dba Skyhawks
Tri Valley East Bay (Skyhawks) entered into an agreement for recreation services; and
WHEREAS, in summer 2021 Skyhawks conducted a new series of sports camps called
Dublin Lightning, the addition of which will increase total fee revenue; and
WHEREAS, the existing agreement with Skyhawks provides for a revenue share of 40%
to Skyhawks and 60% to the City for activities conducted at City facilities, and 30% to Skyhawks
and 70% to the City for activities conducted online; and
WHEREAS, the addition of the Dublin Lightning Sports Camps will likely generate
revenue (or pass-through compensation) to Skyhawks in excess of $45,000, which requires City
Council approval; and
WHEREAS, the City desires 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 in order to synchronize
with the City’s fiscal year.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin does
hereby approve an amendment to the Contract Instructor Services Agreement, as attached
hereto as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Amendment, and make any non-substantive amendments, as necessary, to carry out the intent
of this Resolution.
PASSED, APPROVED AND ADOPTED this 7th day of September 2021, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
57
Attachment 1
Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
58
AMENDMENT TO
AGREEMENT FOR CONTRACT INSTRUCTOR SERVICES
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, the City and Instructor now wish to extend the term of the
Agreement through June 30, 2022; and
WHEREAS, Section 21 of the Agreement states that upon mutual
agreement, the City and Instructor shall have the option to extend the term. The Parties
may amend this Agreement if mutually agreed upon in writing.
WHEREAS, City hereby agrees to pay Contract Instructor a sum not to
exceed $95,000, notwithstanding any contrary indications that may be contained in
Contract Instructor proposal, for services to be performed.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the Agreement is extended as follows:
1)The Agreement shall be effective until June 30, 2022.
2)The Agreement shall include a not to exceed compensation amount of $95,000.
3)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.
4)The extension 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
59