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HomeMy WebLinkAbout25J - AGMT - LEISURE CLASS INSTRUCTORSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 2, 2012 TITLE: AGREEMENTS WITH LEISURE CLASS INSTRUCTORS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s' Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER 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. 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 Leisure Services Program is a revenue-generating program that uses registration fees to pay for instructors and supplies. The quarterly Leisure Class brochure has been instrumental in increasing the number of students registering for many classes. The number of leisure classes and the number of class registrations has increased significantly since 2010. 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, 2012 through June 30, 2013. 25J-1 Leisure Class Agreements July 2, 2012 Page 2 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, 2012 through June 30, 2013. FISCAL IMPACT Funds for this item are available in the Recreation Contract Services account (no. 01113230 62300). APPROVED AS TO FUNDS AND ACCOUNTS: G a? Mouet Executive Director Parks, Recreation, and Community Services Agency Francisco Gutierrez /0' vc? Executive Director Finance & Management Services Agency 25J-2 NINTH AMENDMENT TO AGREEMENT THIS NINTH AMENDMENT TO RECREATION SERVICES AGREEMENT is made and entered into this 2"d day of July, 2012 by and between Martin Torres, (hereinafter "Provider"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (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 recreation and leisure class services in the City's leisure program. 2. In accordance with the terms and conditions of said Agreement, the parties wish to revise the Scope of Services and extend the term of said Agreement. 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 Ninth Amendment to Recreation Services Agreement, the parties agree as follows: Section 1, SCOPE OF SERVICES, shall be amended by substitution of a new Exhibit A, attached hereto and incorporated by reference. Section 3, TERM, shall be amended to extend the termination date to June 30, 2013. 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 Ninth Amendment to Recreation Services Agreement on the day and year first set forth above. ATTEST: CITY OF SANTA ANA Maria D. Huizar, Clerk of the Council PAUL M. WALTERS APPROVED AS TO FORM: City Manager Laura Sheedy, Asst. City Attorney PROVIDER: RECOMMENDED FOR APPROVAL: Gerardo Mouet, Exe. Director PRCSA Martin Torres 25J-3 EXHIBIT A SCOPE OF SERVICES - Martin Torres / Martial Arts 1) Provider will prepare and instruct students in martial arts techniques, with an emphasis on karate, including KARATE DO KIAI (ages 4 and up) $30 a month for two classes a week, $40 for four classes a week, and $25 for 2 or more members of a family / at Jerome Center KARATE DO KIAI (ages 5-15) $20 month / at Logan Center 2) The classes will be held throughout the year. 3) Provider will provide and be responsible for equipment, records, and personnel and clean up of the facilities and materials necessary to ensure the safety and effectiveness of said instruction. 4) If Provider allows others to teach class, those teachers must be over 21, have obtained and maintain an instructor rating, and be covered by Providers' insurance. Provider shall provide City with documentation to verify instructor and insurance requirements. Black-belt rated students may warm up beginning students, however, Consultant must be present at all times. CLASS SIZE 1) Each class must have a minimum of 5 paid students and a maximum of 45. 2) No registration will be accepted after the second meeting of class. 3) In the event the minimum number of enrollees is not realized by the second meeting of the class, the class shall be canceled. Provider will be under no obligation to provide services and the City will have no obligations to pay Provider compensation CLASS FEES 1) Each participant shall pay the required class registration fee. 2) No refunds will be made to participants after the first week of class unless the class is cancelled by the City. 3) The City shall collect registration fees from each participant during the registration period. Provider shall not collect fees, but shall refer all interested participants to City for registration. 4) Provider shall receive seventy percent (70%), and City and Provider agree that City shall retain thirty percent (30%) as an administration fee, of the total fees collected each month from the classes taught at the Jerome Center. Provider shall receive one-hundred percent (100%) of the total fees collected each month for the classes taught at the Logan Center. 5) Provider agrees that City is entitled to audit Provider's records and classes to insure compliance with this Agreement. 6) Provider may not waive class participation/registration fees. 7) City shall prepare class rosters and provide a copy to Provider. Only registered participants may participate in class. 25J-4 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO RECREATION SERVICES AGREEMENT is made and entered into this 2"d day of July, 2012 by and between Choc V. Le, (hereinafter "Provider"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (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 for the City's leisure program. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services and extend the term of said Agreement. 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 Third Amendment to Recreation Services Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to provide a new Scope of Services to be provided by Provider, as set forth in Exhibit A, attached hereto and incorporated by this reference. 2. Section 3, TERM, shall be amended to extend the termination date to June 30, 2013. 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 Third Amendment to Recreation Services Agreement on the day and year first set forth above. ATTEST: CITY OF SANTA ANA Maria D. Huizar, Clerk of the Council PAUL M. WALTERS APPROVED AS TO FORM: City Manager Laura Sheedy, Asst. City Attorney PROVIDER: RECOMMENDED FOR APPROVAL: Gerardo Mouet, Exe. Director PRCSA CHOC V. LE 25J-5 EXHIBIT A SCOPE OF SERVICES- 1. Provider will prepare and instruct students in martial arts techniques, with an emphasis on Tae Kwon Do. Classes shall be offered for beginner, intermediate and advanced level children and adults. 2. Provider and City will mutually agree to the date, time and locations of classes. City reserves the right to preempt any class as City deems necessary. Thirty (30) day notice of such change will be provided, if possible. Instructor may reschedule any class which has been so preempted. 3. Provider 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. If Provider allows others to teach his/her class, those teachers must be over 21, have obtained and maintain an instructor rating, and be covered by Providers' insurance. Provider shall provide City with documentation to verify instructor and insurance requirements. Black-belt rated students may warm up beginning students, however, Provider must be present at all times. CLASS SIZE REGISTRATION 1. The minimum number or participants is 10 per class, the maximum is 134. 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 $20.00 class registration fee per monthly session. 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. 25J-6