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Home My WebLink About20B - AA - LEISURE CLASSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2011 TITLE: AGREEMENTS WITH LEISURE CLASS INSTRUCTORS AND APPROPRIATION ADJUSTMENT E /` fr?r ?-"--CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1st Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute the attached agreement amendment with Martin Torres for Karate Do Kai instruction, extending the term one-year, and adding $30,000 for next fiscal year, subject to non-substantive changes approved by the City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute the attached agreement amendment with Choc Le for Tae Kwon Do instruction, extending the term one-year, and adding $30,000 for next fiscal year, subject to non-substantive changes approved by the City Attorney. 3. Approve an appropriation adjustment recognizing $70,000 in General Fund Leisure Classes revenue account (account no. 01113002 53316) and appropriate same to the Recreation Contract Services - Professional account (account no. 01113230 62300) to pay leisure class instructors. DISCUSSION The Parks, Recreation and Community Services Agency Leisure Services Program offers low-cost courses and activities to Santa Ana residents in the areas of Music and Dance, Arts, Nature and Science, Equestrian and Aquatics, Sports, and other special interests. The quarterly Leisure Class brochure has been instrumental in increasing the number of students registering for many classes. Since last summer, the Parks, Recreation, and Community Services Agency has expanded the Leisure Services Program to include 127 new recreational and educational classes. 20B-1 Leisure Class Agreements and AA May 2, 2011 Page 2 Choc Le has been providing Tae Kwon Do classes for our Leisure Class Program since December 2000. Mr. Le provides four hours of instruction per week, with over 100 participants of all ages. Classes are offered for beginner, intermediate, and advanced level for children and adults. This ancient martial art develops self-defense techniques and skills that increase physical fitness, motivation, and self esteem. This agreement amendment will provide $30,000 of programming from July 1, 2011 through June 30, 2012. Martin Torres has been providing Karate Do Kai instruction for our Leisure Class Program since October 2003. Mr. Torres currently offers five classes for ages four years old to adult, four days a week. He is averaging over 40 students per class. Karate Do Kai is a Japanese style martial arts class that develops one's self-discipline, physical and mental attributes. Karate Do Kai encourages children to become better students, teaches respect for one another, and encourages children to make better decisions. This agreement amendment will provide $30,000 of programming from July 1, 2011 through June 30, 2012. The Leisure Services Program is a revenue-generating program that uses registration fees to pay for instructors and supplies. The number of leisure classes and the number of class registrations has increased significantly this fiscal year. The attached appropriation adjustment will allow the Parks, Recreation and Community Services Agency to continue paying leisure class instructors, which generate revenue for the general fund. FISCAL IMPACT The appropriation adjustment will recognize $70,000 in General Fund Leisure Classes revenue account (account no. 01113002 53316) and appropriate same to the Recreation Contract Services - Professional account (account no. 01113230 62300) to pay leisure class instructors. APPROVED AS TO FUNDS AND ACCOUNTS: 41uz? Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency At v?,Z? k t, P ,?t 4- - Francisco Gutierrez Executive Director Finance & Management Services Agency 20B-2 EIGHTH AMENDMENT TO AGREEMENT THIS EIGHTH AMENDMENT TO RECREATION SERVICES AGREEMENT is made and entered into this 2nd day of May, 2011 by and between MARTIN TORRES, (hereinafter "Provider"), and the City of Santa Ana, (hereinafter "City"). RECITALS: The parties entered into Agreement N-2003-095, dated October 1, 2003, as amended from time to time, (hereinafter the "Agreement") by which Provider has provided martial arts instruction in the City's leisure program. 2. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term for an additional one-year period. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Amendment to Recreation Services Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to read "Provided shall provide martial arts instruction for the City's leisure class program, as set forth in Exhibit A-1, attached hereto. 2. Section 2.a., COMPENSATION, shall be amended to increase total compensation available by $30,000 to provide compensation for instruction during the 2011-2012 fiscal year. Section 3, TERM, shall be amended to extend the termination date to June 30, 2012. 4. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Eighth Amendment to Recreation Services Agreement on the day and year first set forth above. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph Straka Interim City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager PROVIDER: MARTIN TORRES 20B-3 EXHIBIT A-1 SCOPE OF SERVICES 1. Consultant will prepare and instruct students in martial arts techniques, with an emphasis on Karate. 2. Consultant will confer with City to set the time and location of the classes, including days and hours of class and holidays to be observed. City retains the right to preempt any class within 24 hours of the scheduled date and time, however, City shall endeavor to provide ten (10) day notice of such preemption. Instructor may reschedule any class so preempted. 3. Consultant will provide and be responsible for equipment, records, personnel and clean up of the facilities and materials necessary to ensure the safety and effectiveness of said instruction. 4. If Consultant allows others to teach his classes, those teachers must be over 21, have obtained and maintain an instructor rating and be covered by Consultant's insurance. Black-belt rated students may warm up beginning students, however, Consultant must be present at all times. CLASS SIZE REGISTRATION 1. The minimum number or participants is 5 per class, the maximum is 45. 2. No registration will be accepted after the second week of classes. 3. In the event the minimum number of enrollees is not realized by the second meeting of the class, the class shall be canceled. Consultant will be under no obligation to provide services and the City will have no obligations to pay Consultant compensation. FEES 1. Each participant shall pay a $30.00 class registration fee per monthly session. Registration fee for two classes per week (4 times/week) is $50.00. Registration fee for two or more family members - $25.00 per participant per class. 2. No refunds will be made to participants after the commencement of a session unless the class is cancelled by the City. 3. The City shall collect registration fees from each participant during the registration period. Consultant shall not collect fees, but shall refer all interested participants to City for registration. 4. Consultant shall receive seventy per cent (70%) of the total fees collected each month. City and Consultant agree that City shall retain thirty per cent (30%) of the fees collected as an administration fee. 5. Consultant agrees that City is entitled to audit Consultant's records and classes to insure compliance with this Agreement. 6. Consultant may not waive class participation/registration fees. 7. City shall prepare class rosters and provide a copy to Consultant. Only registered participants may participate in class. 20B-4 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO RECREATION SERVICES AGREEMENT is made and entered into this 2"d day of May, 2011 by and between CHOC V. LE, (hereinafter "Provider"), and the City of Santa Ana, (hereinafter "City"). RECITALS: The parties entered into Agreement N-2009-071, dated June 3, 2009, as amended from time to time, (hereinafter the "Agreement") by which Provider has provided martial arts instruction, with an emphasis on Tae Kwan Do, in the City's leisure program. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term for an additional one-year period. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Recreation Services Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be amended to increase total compensation available by $30,000 to provide compensation for instruction during the 2011-2012 fiscal year. 2. Section 3, TERM, shall be amended to extend the termination date to June 30, 2012. 3. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Recreation Services Agreement on the day and year first set forth above. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph Straka Interim City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager PROVIDER: CHOC V. LE 20B-5 20B-6