HomeMy WebLinkAboutCS Youth Volleyball 2016CITY OF� Agenda Item No: 3.c
Meeting Date: January 4, 2016
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Services
Prepared by: Ashley Howe, City Manager Approval: r�
Recreation Supervisor
TOPIC: Agreement to Provide Youth Volleyball Programs in 2016
SUBJECT: Resolution of the City Council of the City of San Rafael Approving and Authorizing
the City Manager to Execute an Agreement for Professional Services for Youth Volleyball
Program Management in 2016.
RECOMMENDATION: Approve the Resolution authorizing the City Manager to execute the
Agreement.
BACKGROUND: The Community Services Department has administered a variety of youth
volleyball programs since 2000 through collaboration with experienced volleyball coaches and
Craig Wong, Marin Juniors Volleyball Club Director. The programs have grown to over 500
participants a season, requiring significantly more administrative time to maintain player
registration, collect program and uniform fees, process coach payments, schedule practice and
game facilities, and manage tournament registration.
Marin Volleyball, a for profit volleyball organization, was formed in 2015 by Craig Wong to
produce, direct, and manage the growing volleyball programs known as Marin Juniors
Volleyball Club, a competitive league, Marin Juniors 2, a youth volleyball training program, and
Volleystart, an introductory clinic -based volleyball program. Craig Wong has been integrally
involved in the operation of these programs for many years and as the City's manager under the
proposed Agreement, he will continue to operate the programs as the City has.
Volleyball program fees range from $150 for 5 Volleystart clinics to $2,500 for Marin Juniors
club fees. Participants are given the opportunity to pay higher club fees in 3 installments in an
effort to make the program affordable to a wider demographic. Occasionally there is difficulty
collecting fee installments. Department staff has prioritized the effort to recover all fees owed
from past seasons, and prevent future loss.
In Fiscal year 2014/15, the combined revenue for youth volleyball programs was $350,006.33.
Expenses for the program including coaching services, equipment, tournament registration, and
facility use were $374,241.90 resulting in a loss of $24,235.57. The below recommendation
represents a number of program improvements and is expected to result in a revenue surplus to
the City.
FOR CITY CLERK ONLY
File No.: 4-3-609 x 9-3-65
Council Meeting: 01/04/2016
Disposition: Resolution 14049
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS: Managing youth volleyball programs under the proposed Agreement shifts the
financial and management responsibility from the Community Services Department to an
independent contractor, Craig Wong, sole proprietor of Marin Volleyball. Specifically, the
Agreement calls for the following division of responsibility:
City
- Receives program registration and collects fees, then pays Craig Wong
- Oversees scholarship application and awards
- Provides print and on-line marketing
- Provides facilities at San Rafael and Albert J. Boro Community Centers for program
activities
- Facilitates program use of gymnasiums at Marin Academy
Craig Wong
- Develops and produces Marin Juniors, Marin Juniors 2, and Volleystart programs
- Hires, supervises and pays program coaches and staff
- Procures and manages program equipment, apparel, travel and tournament
registration
- Provides insurance for liability for injury and/or damages at facilities used for
tournaments and other program events
The 2016 proposed Agreement (Attachment B) divides the contractual payment into three
increments with the final payment contingent on player payments collected. Craig Wong is paid
a percentage of the registration fees, and only from fees actually collected. Any uncollected
participant fee balances will be deducted from final payment to Craig Wong.
The goal of the Agreement is to minimize the City's financial liability while preserving the
popular volleyball program for community youth. In addition the Agreement will decrease the
frequency and number of contractual payments by the City. Administrative time, reporting, and
processing will be reduced significantly for Community Services and Finance Departments staff.
This model of program management is utilized across the Community Services Department to
maximize program offerings to the community with limited administrative oversight, thus freeing
resources to develop and manage more programs. The scope of the financial aspect of the
youth volleyball program requires authorization of the City Council.
FISCAL IMPACT: For Fiscal Year 2015/16 volleyball program revenue is estimated to be
$373,185. Under this Agreement the City will pay Craig Wong an estimated $340,407.25 and
retain $32,777.75 for administrative and facility costs. While the Agreement does not
guarantee any specific number of participants or total payment to Craig Wong, both he and the
City estimate that net revenues to him will be up to $19,857.25 after paying for coaches and
staff, league and tournament fees, apparel, additional facility rentals, and miscellaneous items
listed in Attachment C.
Reducing Community Services Department administrative responsibilities, staff will be able to
better manage revenue collection and maintain youth volleyball programs at cost covering
status.
OPTIONS:
1. Approve the Resolution as proposed.
2. Reject the Resolution;
3. Provide staff with further direction.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
ACTION REQUIRED: Resolution of the City Council of the City of San Rafael Approving and
Authorizing the City Manager to Execute an Agreement for Professional Services for Youth
Volleyball Program Management in 2016.
ATTACHMENTS:
A. Resolution
B. Agreement for Professional Services for Youth Volleyball Program Management in 2016
C. Contractor Budget Summary Sheet
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
