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HomeMy WebLinkAboutCC Resolution 14049 (Youth Volleyball 2016)RESOLUTION NO. 14049 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES FOR YOUTH VOLLEYBALL PROGRAM MANAGEMENT IN 2016 WHEREAS, through its Community Service Department, the City of San Rafael sponsors a popular youth volleyball program consisting of league play and coaching (the "Program"); and WHEREAS, the City has a need for management services to operate the various parts of the Program; and WHEREAS, Craig Wong, sole proprietor Marin Volleyball, is an experienced volleyball coach who has the skills necessary to manage the Program; and WHEREAS, the professional services agreement with Craig Wong attached hereto as Exhibit A and incorporated herein will provide Marin Juniors Volleyball Club, a competitive league, Marin Juniors 2, a youth volleyball training program, and Volleystart, an introductory clinic -based volleyball program in 2016; and WHEREAS, the management services to be provided by Craig Wong as set forth in the proposed professional services agreement will minimize the City's financial liability and will significantly reduce the administrative burdens on Community Services and Finance Department staff in connection with the Program, while still preserving the Program for community youth. NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby authorize the City Manager to execute the professional services agreement attached hereto as Exhibit A, with Craig Wong, sole proprietor Marin Volleyball, for Program management in 2016, subject to final approval as to form by the City Attorney. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 4th day of January, 2016 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None oe ESTHER C. BEIRNE, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES FOR YOUTH VOLLEYBLL PROGRAM MANAGEMENT This Agreement is made and entered into this 7— day of April , 20 16, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and CRAIG WONG, doing business as Marin Volleyball (hereinafter "CONTRACTOR"). RECITALS WHEREAS, through its Community Service Department, CITY sponsors a youth volleyball program consisting of league play and coaching (the "Program"); and WHEREAS, CITY has a need for management services to operate the various parts of the Program; and WHEREAS, CONTRACTOR is an experienced volleyball coach who has the skills necessary to manage the Program; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION. A. CITY'S Project Manager. CITY's Athletics Supervisor, Ashley Howe, is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Craig Wong is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall provide services as follows in connection with the Program, in a manner consistent with the CITY's operation of the Program in 2015: a. CONTRACTOR shall develop and implement the Marin Juniors, Marin Juniors 2, and Volleystart programs; Rev. Date: 1 30 14 b. CONTRACTOR shall hire, supervise, and timely pay all coaches and staff for the Program; c. CONTRACTOR shall procure, manage and safeguard Program equipment, apparel, travel and tournament registration; d. CONTRACTOR shall provide insurance for liability for injury and/or damages at facilities other than those operated by CITY; e. CONTRACTOR shall set resident and nonresident course fees for Volleystart, with the nonresident rate set at an amount not less than $15.00 more than the resident rate (such excess amount paid by nonresidents shall hereafter be referred to as the "Nonresident Premium"); f. CONTRACTOR shall set the club fee for the Marin Juniors Club at $2,500.00 per player for the Club season (January -May 2016). g. CONTRACTOR shall set the club fees for the Marin Juniors 2 Club at $1,000.00 per player for the Club season (January -April 2016). 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as follows: a. CITY shall receive program registration forms and collect Program fees from participants; b. CITY shall oversee scholarship applications and awards; c. CITY shall provide print and on-line marketing for the Program; d. CITY shall provide facilities at the San Rafael Community Center and the Albert J. Boro Community Center for Program activities, and shall facilitate Program use of gymnasiums at Marin Academy. e. CITY shall have no responsibility to provide registration services, collect fees, or provide facilities for other volleyball activities such as single -day clinics that CONTRACTOR may choose to conduct beyond the specific Program provided for in this Agreement. f. Nothing in this Agreement shall constitute an assurance or guarantee to CONTRACTOR of the total number of participants in the Program during 2016. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, including all expenses and payments required to be made by CONTRACTOR herein and regardless of total number of Program participants, CITY shall pay CONTRACTOR as follows: a. For services in connection with the Vollevstart nroeram: CITY shall retain any Nonresident Premiums paid by nonresident participants. For each paid participant, both resident and nonresident, CITY shall pay CONTRACTOR a sum equal to Eighty-five percent (85%) of the resident rate fee. CITY shall make payment in full to CONTRACTOR for each course at the end of that course. b. For services in connection with the Marin Juniors Club: For each paid participant, CITY shall retain $200.00, and shall pay $2,300.00 to CONTRACTOR, subject to adjustment as provided hereafter. CITY shall pay twenty-five percent (25%) of such fees to Rev. date: 1130114 CONTRACTOR by December 31, 2015 and an additional fifty -percent (50%) on or before February 1, 2016. The remaining balance shall be paid to CONTRACTOR at the end of the club season, less: 1) outstanding player fees; 2) excess facility expenses incurred by CITY for use of Marin Academy beyond the terms of the current CITY - Marin Academy use agreement; and 3) any incidental costs that may be agreed upon between CITY and CONTRACTOR from time to time. c. For services in connection with the Marin Juniors 2 Club: For each paid participant, CITY shall retain $100.00, and shall pay $900.00 to CONTRACTOR, subject to adjustment as provided hereafter. CITY shall pay fifty -percent (50%) of such fees to CONTRACTOR on or before January 31, 2016. The remaining balance shall be paid to CONTRACTOR at the end of the club season, less: 1) outstanding player fees; 2) excess facility expenses incurred by CITY for use of Marin Academy beyond the terms of the current CITY -Marin Academy use agreement; and 3) any incidental costs that may be agreed upon between CITY and CONTRACTOR from time to time. TERM OF AGREEMENT. The term of this Agreement shall commence on the date of this Agreement, and shall end on May 30, 2016. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. OWNERSIUP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. Rev. date: 1 30. 14 INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. CONTRACTOR shall ensure that each Program participant is registered as a member of USA Volleyball and thereby covered by the USA Volleyball medical and liability insurance program. CONTRACTOR shall provide CITY with evidence that the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. Such additional insured coverage shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. 11. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 12. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 13 NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. Rev. date: 1 30 14 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: TO CONTRACTOR's Project Director: 15. INDEPENDENT CONTRACTOR. Ashley Howe, Athletics Supervisor City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Craig Wong 15 Wolfe Avenue San Rafael, CA 94901 For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 16. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, Rev. date: 1/30; 14 the terms and conditions of this Agreement shall control. 17. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 18. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 19. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 20. APPLICABLE LAW. The laws of the State of California shall govem this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL CONTRACTOR Digitally signed by Craig Wong DN: cn=C2ig Wong, o, ou, G{ email=cralg@madn)unims.com, / crus By: Date: 2016.04.0710:24.43 -07'00' JIM SCHUTZ, City Manager CRAIG WONG, Owner Rev. date: 1130114 ATTEST: ESTHER C. BEH?NE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney Rev. date: 1 30 14 This Agreement came to the attention of the City Clerk's Office on July 18, 2016; it was not signed by anyone at the City of San Rafael. Term expired on May 30, 2016. No contract currently in existence, per the City Attorneys Office. Esther Beirne, July 19, 2016 �� City Collects from Clients: $373,185 Estimated revenue (MJ) $270,000 Estimated revenue (M2) 108 players x $2500 86 players x $1,000 City Pays Contractor: $340,407.25 Estimated revenue (MJ) $248,400 Estimated revenue (M2) 108 players x $2300 86 players x $900 Marin Juniors Club Administrators $2,100 Equipment Manager $700 Financial Aid $1,000 Equipment $3,500 Coach Education $2,000 Website/Technology $1,000 Bookkeeping $1,500 Athletic Trainer $1,500 Position Training $5,700 Nutrition/Sports Psych $1,500 Strength & Conditioning $2,500 League Fees $13,500 Coach Registration $2,340 Tournament Entry Fees $23,400 Player Apparel $32,400 Coach Apparel $2,750 Coaching Salary $117,500 Beach Court Rental $12,500 Beach External Coaching $9,500 Total Expenses (MJ) $237,890 Marin Juniors 2 Program Admin Gym Rental Equipment Tournament Fees Coach Registration Player Apparel Coach Apparel Website/Tech Beach Court Rental Beach Ext. Coach Jr. Coach Salary Total Expenses (M2) $ 86,000 $ 77,400 I $5,250 $4,850 $750 $10,600 $735 $10,300 $1,125 $250 $1,600 $2,200 $31,500 $69,560 Estimated revenue (VS) 100% participant fees Estimated revenue (VS) 85% Resident Rate Volleystart Coaches Apparel Administration Equip/Tech Total Expenses (VS) $ 17,185 $14,607.25 $8,600 $2,650 $1,250 $600 $13,100 $373,185 $340,407.25 Contractor Total Expenses for 3 programs: $320,550 Contractor Profit Contractor Net Revenue (MJ) $10,510 Contractor Net Revenue (M2) $ 7,840 Contractor Net Revenue (VS) $1,507.25 $19,857.25