AGENDA REPORT
Meeting Date: March 15, 2022
Item Number:
To: Honorable Mayor & City Council
From: Joana Torres, Management Analyst
Matt Brown, Recreation Services Manager
Subject: AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF
BEVERLY HILLS AND BILLY SMITH DBA BEVWOOD FUN CAMP
ENTERPRISE LLC. FOR YOUTH BASKETBALL AND VOLLEYBALL
SKILLS INSTRUCTION THROUGH THE CITY'S COMMUNITY
SERVICES DEPARTMENT; AND
APPROVAL OF A PURCHASE ORDER FOR A NOT-TO-EXCEED
AMOUNT OF $120,000 FOR FISCAL YEAR 2021-22 FOR THE
SERVICES DESCRIBED ABOVE; AND
AUTHORIZE THE CITY MANAGER TO APPROVE PURCHASE
ORDERS THROUGH THE TERM OF THE AGREEMENT
Attachments: 1. Agreement
RECOMMENDATION
Staff recommends that City Council approve an amendment to the agreement with Bevwood Fun Camp Enterprise LLC., approve a purchase order to provide youth basketball and volleyball skills instruction at various City and Beverly Hills Unified School District sites in the amount not to exceed $120,000 per fiscal year and authorize the City Manager to approve the purchase orders through the term of the Agreement. The City Attorney's Office has held that specialized recreation instructors are excepted from City bidding requirements under BHMC 3-3-113 (E): "any contract for professional services such as attorneys, physicians, architects, engineers, consultants, accountants, specialized printers or other individuals or organizations possessing a high degree of professional, unique, specialized or technical skill or expertise" F-12
Meeting Date: March 15, 2022
INTRODUCTION
For over 20 years, Bevwood Fun Camp has provided quarterly youth basketball and volleyball afterschool skills classes, winter break camps, spring break camps, and summer camps for the City and has attracted a high participation rate amongst the community’s youth. The vendor’s staff is comprised of highly qualified professionals from diverse coaching backgrounds.
DISCUSSION
Bevwood Fun Camps will provide youth sports instruction for the City’s Community Services Department. Instruction will be offered through youth camp programs and classes. The amendment to the agreement is for one year with an option for two additional one-year extensions at a not-to-exceed amount of $120,000 per fiscal year based on enrollment.
FISCAL IMPACT
The provision of the youth sports program is based upon a revenue split with Bevwood Fun Camp receiving 70% of the resident rate of the registration fees and the City retaining the remaining amount. Funds are currently available in the Community Services budget for this expenditure, which is offset by revenue.
Jenny Rogers,
Director of Community Services
Approved By
ATTACHMENT 1
1 B0785-0001\2622337v1.doc
AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY
OF BEVERLY HILLS AND BILLY SMITH DBA BEVWOOD FUN
CAMP ENTERPRISE LLC. FOR YOUTH BASKETBALL AND
VOLLEYBALL SKILLS INSTRUCTION THROUGH THE CITY’S
COMMUNITY SERVICES DEPARTMENT
NAME OF VENDOR: Billy Smith DBA Bevwood Fun Camp Enterprise LLC.
RESPONSIBLE PRINCIPAL
OF VENDOR: Billy Smith, Owner
VENDOR'S ADDRESS: 1604 Campbell Dr.
Las Vegas, NV 89102
VENDOR’S E.I.N./TAX I.D. NO.: 35-2603871
CITY'S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Jenny Rogers, Director of Community
Services
COMMENCEMENT DATE: July 1, 2021
TERMINATION DATE: June 30, 2022, unless extended pursuant Section 2 CONSIDERATION: Original Agreement:
FY 2021-22: $90,000.00
FY 2022-23: $90,000.00, if extended
FY 2023-24: $90,000.00, if extended
Amendment No. 1:
FY 2021-22: an additional $30,000.00
FY 2022-23: an additional $30,000.00, if extended
FY 2023-24: an additional $30,000.00, if extended
Total not to exceed: $360,000.00
DocuSign Envelope ID: 242524F3-D9C7-4BCF-928E-2F52DD01D1C8 2 B0785-0001\2622337v1.doc
AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY
OF BEVERLY HILLS AND BILLY SMITH DBA BEVWOOD FUN
CAMP ENTERPRISE LLC. FOR YOUTH BASKETBALL AND
VOLLEYBALL SKILLS INSTRUCTION THROUGH THE CITY’S
COMMUNITY SERVICES DEPARTMENT
This Amendment No. 1 is to that certain Agreement between the City of Beverly Hills (hereinafter called "CITY"), and Billy Smith DBA Bevwood Fun Camp Enterprise LLC. (hereinafter called "VENDOR") dated June 3, 2021 and identified as Contract No. 186-21 (“Agreement”).
RECITALS
A. CITY entered into an Agreement with VENDOR to provide youth basketball and volleyball skills instruction for CITY’s Community Services Department at various CITY parks and on DISTRICT property.
B. CITY and VENDOR desire to amend the Agreement to increase the consideration due to higher than anticipated enrollment, update the infectious disease provision, and include COVID-19 vaccination or testing, and record keeping requirements.
NOW, THEREFORE, the parties agree as follows:
Section 1. The CONSIDERATION shall be amended as set forth on the cover page.
Section 2. Section 20 of the Agreement entitled “CITY COVID-19 Vaccination Requirement” shall be added to read as follows:
“Section 20. CITY COVID-19 Vaccination or Testing, and Record Keeping Requirements.
VENDOR and its employees, personnel, agents, subconsultants, volunteers and subcontractors or any other individual under the control of VENDOR who work with and among CITY employees or the public at CITY worksites and facilities in the performance of their duties under the Agreement (collectively “Covered Employees” ) shall comply with CITY’s COVID-19 vaccination DocuSign Envelope ID: 242524F3-D9C7-4BCF-928E-2F52DD01D1C8 3 B0785-0001\2622337v1.doc
or testing, and record keeping requirements in connection with the services provided to CITY under the Agreement and as more particularly described in the attached “Acknowledgement of CITY’s Vaccination Requirements Against The COVID-19 Virus”, Attachment 1 to Exhibit A.
VENDOR shall execute Attachment 1 to Exhibit A attesting that only Covered Employees who are fully vaccinated or with proof of weekly negative COVID-19 PCR or antigen tests will be assigned to work at CITY worksites and/or facilities at all times during the term of the Agreement.” Section 3. Exhibit A, Scope of Work shall be amended and restated as attached hereto and incorporated herein as Exhibit A.
Section 4. Except as specifically amended by this Amendment No. 1, the remaining provisions of the Agreement shall remain in full force and effect.
EXECUTED the _____ day of __________________, 20___, at Beverly Hills, California.
CITY OF BEVERLY HILLS
A Municipal Corporation
____________________________
ROBERT WUNDERLICH
Mayor of the City of Beverly Hills, California
ATTEST:
______________________(SEAL)
HUMA AHMED
City Clerk
VENDOR: BEVWOOD FUN CAMP
ENTERPRISE LLC.
BILL SMITH
Owner
[Sigantures continue on following page]
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APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_______________________ ____________________________
LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
______________________________
JENNY ROGERS
Director of Community Services
______________________________
SHARON L’HEUREUX DRESSEL
Risk Manager
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EXHIBIT A
SCOPE OF WORK
I. SCOPE OF WORK
VENDOR shall provide youth basketball and volleyball skills instruction for the CITY’s Community Services Department at various CITY park and DISTRICT sites.
VENDOR has experience and training in providing the services and instruction outlined in this Scope of Services. CITY lacks this experience and training and is not qualified to determine the methods and means to be employed in providing such services. CITY is only interested in the results to be achieved. As a result, VENDOR shall be solely responsible for determining the outline and content of instruction provided under this Agreement. VENDOR shall be solely responsible for determining the instructional methods and means to be used for all instruction under this Agreement and in determining manner by which services will be provided.
VENDOR shall provide instruction for brfore-school, after-school, evenings, and weekend classes and/or camp activities which shall occur at locations and on a schedule approved by CITY in writing. The schedule is subject to change by CITY, which may reschedule or cancel any or all classes at its sole discretion. Other than as necessary to meet the needs of students and program participants, VENDOR shall set its own schedule, hours (including any time for preparation) and location of work.
VENDOR retains the right to provide similar services, including recreation classes, for other cities, special districts or private entities or to provide its services directly to the general public.
CITY reserves the right to hire additional vendors who provide the same or similar classes as described in this Agreement.
Prior to the advertising of a class in a CITY brochure or flyer, VENDOR shall notify CITY in writing of the minimum and maximum number of registrants for each class provided through CITY’s Community Services department. CITY reserves the right to cancel classes as provided in this Exhibit, or terminate the Agreement pursuant to section 11 of the Agreement if CITY cannot provide appropriate accommodations for VENDOR’s classes. VENDOR shall also observe all city, state, and federal regulations including fire code regulations such as complying with the maximum occupancy requirements of the room/facility utilized by VENDOR in performing the services required by the Agreement.
Materials Fees
If VENDOR requires a materials fee, an itemized list of materials along with the projected cost of each item shall be provided to CITY staff in writing for pre-approval prior to the advertising of the materials fee. Any increase to the materials fee shall be pre-approved by CITY staff in writing, and shall not be more than 5% of the fee previously advertised. Materials fees shall never be used to supplement VENDOR’s profits, compensation, or be used for any purpose other than to purchase materials listed on the pre-approved materials list. If classes are cancelled for any reason, the materials fee shall be reimbursed by VENDOR to the participants in full. If materials have been purchased at the time of cancellation, VENDOR shall provide a partial refund and provide an itemized list of items (with receipts) purchased to CITY staff for approval.
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CITY’s registration office (“BH Reg”) will be registered as a non-paid participant in every course to ensure VENDOR’s receipt of “Rec1” email communications. BH Reg’s registration will not affect VENDOR’s compensation under the Agreement. VENDOR may use the Rec1 system information for purposes of the class or camp which is the subject of the Agreement. VENDOR is prohibited from using or disseminating the information contained in the Rec1 system for any other purpose. VENDOR may collect contact information from participants. CITY will not provide participant contact information to VENDOR for any reason.
CITY Brochure and Advertising:
VENDOR shall provide CITY with classes/programs to be publicized in CITY’s Community Services department quarterly brochure within CITY’s production schedule. VENDOR is responsible for submitting, on a quarterly basis, VENDOR’s updated class information to be advertised in the brochure. Failure to do so within the production schedule provided by CITY staff to VENDOR in writing will result in class information not being advertised in the brochure. If feasible, CITY staff will provide VENDOR with a draft of the brochure to confirm accuracy of the information. VENDOR shall respond and inform CITY staff of any changes within the provided brochure production schedule. Information that is not confirmed by the VENDOR within the production schedule will be subject to CITY staff edits which may not guarantee accuracy.
All promotional materials such as flyers, postcards, etc. shall be created and/or approved by CITY, subject to the prior written approval of CITY, and include CITY’s shield prior to dissemination to the public. VENDOR shall not use CITY’s shield for any other purpose.
Early Education, Adult and Senior classes/programs:
Adult and/or senior class flyers will be produced by CITY for a new class or classes that are unable to meet their class minimum enrollment for that session; those classes are guaranteed to receive 100, 8 ½ x 11, printed flyers of advertisement. Additional flyer production is not guaranteed and will be at the discretion of CITY staff.
Youth and Teen classes/programs:
In addition to the quarterly brochure, youth and teen class/program promotion will also be included in a youth/teen class program offering booklet that is produced by CITY three times a year and will be distributed to Beverly Hills Unified School District school sites. No additional printed flyers will be produced.
Virtual Camps.
If requested by CITY in writing, VENDOR shall provide real-time online instruction on an online platform such as, Zoom, Go to Meeting, or Google Classroom. Passwords, log in information, websites, and/or any materials necessary to participate in class shall be provided to CITY’s Recreation Supervisor, Recreation Coordinator, Registration staff, and all of the enrolled participants via email the Friday before class is scheduled to begin. If class begins more than 15 minutes late due to any unforeseen issues such as technological issues, the time must be made up at the end of class without exception.
Recorded Classes for Streaming
VENDOR shall provide recorded class instruction per the CITY’s guidelines. VENDOR shall provide their own equipment necessary for the production of the video. The CITY will use the video at its discretion on CITY owned platforms and will not be distributed otherwise. The CITY will own all of the rights to the video. Compensation will be determined based on Section 3 of this Agreement.
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Communication with DISTRICT
VENDOR shall not communicate with any DISTRICT staff regarding CITY’s policies and procedures. VENDOR shall communicate any issues or concerns to CITY’s designee (Coordinator, Recreation Supervisor or Senior Recreation Supervisor). If VENDOR is approached by DISTRICT staff regarding any issues pertaining to VENDOR’s program, VENDOR shall direct any and all inquiries to CITY’s designee. VENDOR shall never act as an agent, liaison or representative of CITY, or make any decisions on behalf of CITY.
Reservation of Space
CITY works to reserve space at CITY facilities for VENDOR’s use that will accommodate the projected number of participants. However, due to shared spaces and other limitations, VENDOR shall abide by the occupancy limits set by CITY’s Fire Department and as posted in the particular space occupied.
Code of Conduct
CITY promotes civility and positive human relations in all aspects of community life. All vendors are obligated to uphold CITY’s civility practice by demonstrating respect and positive civic behavior while performing services under the Agreement.
Emergencies
VENDOR shall follow all CITY protocols to ensure the safety of all participants, CITY employees, Beverly Hills Unified School District employees, patrons, and all others on program sites. In the event of an emergency, VENDOR shall contact CITY and the registrant provided Emergency Contact immediately. For purposes of this Agreement, “emergency” shall include, without limitation, injury to a child, building hazard(s), natural disasters, theft of property, lost child, and any illness of a child. In the event of parent complaints, VENDOR shall contact CITY immediately.
Within an hour of the incident, VENDOR shall email CITY staff a report detailing the emergency situation and/or parent complaints, the parties involved, what steps were taken and any follow up steps and/or procedures (if applicable) needed.
II. INFECTIOUS DISEASE
A. The federal government and State of California, the County of Los Angeles, and CITY have declared an emergency due to a global pandemic caused by an infectious coronavirus which causes a disease referred to as COVID-19. In an effort to support and maintain a safe and healthy workplace for CITY employees and the community, CITY is requiring all contractors and VENDOR to immediately monitor and track the signs and symptoms of COVID-19, the common cold and influenza for all of its employees and subcontractors (collectively “VENDOR employees”) assigned to CITY projects that come onsite to any CITY facility to perform services under the Agreement.
B. VENDOR shall notify CITY immediately in writing if VENDOR or VENDOR employees have come in contact with anyone with an infectious disease or has contracted an infectious disease. Such VENDOR employees shall immediately cease performing services under the Agreement.
C. VENDOR shall monitor VENDOR employees’ signs and symptoms with written logs. VENDOR shall maintain a daily recording of the following:
1. Require VENDOR employees to take their temperature each time they enter and exit CITY facilities (both before and after work is performed at CITY facilities).
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2. If VENDOR employees have a fever (100°F or higher), are coughing, have trouble breathing or other symptoms of COVID-19, the common cold, or influenza:
(a) Do not have VENDOR employees report to work.
(b) Contact your CITY Responsible Principal.
(c) Direct VENDOR employees to:
i. Not go out in public.
ii. Avoid contact with others.
iii. Not travel while sick.
iv. Cover mouth and nose with a tissue or sleeve (not hands), while coughing or sneezing.
v. Wash hands often with soap and water for at least 20 seconds to avoid spreading illnesses such as the common cold, influenza or COVID-19 to others. vi. If soap and water are not readily available, use an alcohol-based hand sanitizer, which contains 60%-95% alcohol or solutions available for use at the facility. vii. Wear face coverings at all times unless alone in a vehicle, personal office or cubical,
3. VENDOR shall disinfect all areas that VENDOR’s employees come in contact with while performing services under the Agreement before and after usage.
4. VENDOR employees shall not return to any CITY facility until they meet the guidance* of the Los Angeles County Department of Public Health. * VENDOR acknowledges it has reviewed, understands and will follow the Los Angeles County Department of Public Health guidance for managers.
D. VENDOR shall also maintain daily monitoring and record keeping in connection with CITY projects where VENDOR employees come on site for the following information:
1. Projects are adhering to Social Distancing** and Industry Safety Standards for employees and the public. Please review Los Angeles County Department of Public Health guidelines for social distancing.
2. VENDOR employees are not working while sick.
3. VENDOR shall notify their CITY Project Manager or CITY Responsible Principal prior to reporting on site daily.
4. VENDOR shall contact their CITY Project Manager or CITY Responsible Principal to reschedule non-essential services.
E. VENDOR shall provide employees with handwashing and sanitizing equipment.
These requirements apply to all vendors and their employees regardless of whether they are fully vaccinated or not.
VENDOR shall be required to know and adhere to Los Angeles County Public Health Order http://publichealth.lacounty.gov/media/Coronavirus/reopening-la.htm#orders.
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For the latest CITY updates and COVID-19 related FAQs please visit http://www.beverlyhills.org/novelcoronavirus
CITY reserves the right to review VENDOR’s daily logs to ensure compliance with this Agreement. CITY has the right to send VENDOR employees home who do not comply with these requirements. VENDOR shall maintain the recordings and logs in accordance with the Agreement.
For questions, please contact CITY’s Responsible Principal or Risk Management at 310- 285-1073.
III. COVID-19 VACCINATION AND RECORD KEEPING REQUIREMENTS VENDOR shall execute the attached “ACKNOWLEDGEMENT OF CITY VACCINATION AND RECORD KEEPING REQUIREMENTS AGAINST THE COVID-19 VIRUS”, Attachment 1 to this Exhibit A.
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ATTACHMENT 1 TO EXHIBIT A
ACKNOWLEDGEMENT OF CITY VACCINATION AND RECORD KEEPING
REQUIREMENTS AGAINST THE COVID-19 VIRUS
I, THE UNDERSIGNED, HEREBY ATTEST THAT I AM AN AUTHORIZED REPRESENTATIVE OF VENDOR.
I hereby acknowledge and agree to comply with any federal, state and/or local laws, regulations and orders including the CITY’s requirement that VENDOR and its employees, personnel, agents, subconsultants, volunteers, and subcontractors, or any other individuals under the control of the VENDOR, who work with and among CITY employees or the public at CITY worksites and facilities in the performance of their duties under the Agreement (collectively “Covered Employees”) shall be either fully vaccinated against the COVID-19 virus as defined in this Attachment or be administered weekly COVID-19 tests (PCR or antigen) as required in this Attachment.. Covered Employees shall include those with and without CITY badge access. Fully vaccinated shall be defined as two (2) weeks after the second dose of the Pfizer-BioNTech or Moderna COVID-19 vaccine is administered to the Covered Employee or two weeks after the single dose of the Johnson and Johnson Janssen COVID-19 vaccine is administered to the Covered Employee, or as further defined by the Center for Disease Control and Prevention (“CDC”), State of California, County of Los Angeles, or City of Beverly Hills. Each Covered Employee shall provide proof (vaccine card, image of vaccine card showing vaccination status) to VENDOR that such Covered Employee is fully vaccinated as defined in this Attachment or, the Covered Employee shall provide proof of a negative COVID-19 test (PCR or antigen) to VENDOR as further described in this Attachment no later than January 17, 2022.
I, the undersigned hereby attest that only vaccinated individuals, or individuals with weekly negative COVID-19 tests (PCR or antigen), will be assigned to work at CITY worksites and/or facilities under the Agreement. Covered Employees may be required to show proof of their vaccination status or a weekly negative COVID-19 test (PCR or antigen) to a CITY representative prior to performing work under the Agreement or at any time while performing work under the Agreement. VENDOR shall be responsible for ensuring that all of its assigned Covered Employees are fully vaccinated, or, have a negative COVID-19 test (PCR or antigen) prior to performing work under the Agreement. VENDOR shall maintain a log, certified by VENDOR, of vaccinated and tested Covered Employees for the term of the Agreement and shall provide such log to CITY upon request at any time.
I understand and acknowledge that CITY may, at a future time, determine that it cannot accommodate unvaccinated Covered Employees, and that it may not permit certain or all unvaccinated Covered Employees to perform work under the Agreement.
Failure to comply with these requirements shall be a default under the Agreement. VENDOR is responsible for all costs associated with compliance with this Attachment.
I ALSO ACKNOWLEDGE THAT THESE REQUIREMENTS MAY CHANGE FROM TIME TO
TIME PURSUANT TO FUTURE FEDERAL, CALIFORNIA AND LOS ANGELES COUNTY
REQUIREMENTS AND AGREE TO COMPLY WITH ALL APPLICABLE STATUTES,
REGULATIONS, ORDERS, ORDINANCES AND POLICIES RELATING TO MITIGATING THE TRANSMISSION OF COVID-19.
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I, THE UNDERSIGNED, HEREBY ACKNOWLEDGE THAT THE FOREGOING IS TRUE AND CORRECT UNDER PENALTY OF PERJURY.
BILLY SMITH DBA BEVWOOD FUN CAMP ENTERPRISE LLC.
By:____________________________________________________________ Name: BILL SMITH
Title: Owner
Contract #186-21
Vendor #7641
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455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.167
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2/17/2022 1:07:21 PM
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