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Home My WebLink AboutCarl Rosenthal - Fitness Class Instruction Levy CenterMemorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Audrey Thompson, Parks & Recreation Director CC: Amy Kellogg, Division Manager Subject: Approval of Sole Source Agreement with Carl Rosenthal for Fitness Class Instruction at the Levy Senior Center Date: January 8, 2024 Recommended Action: Staff recommends that the City Council authorize the City Manager to execute a sole source agreement with Carl Rosenthal (1326 Gordon Terr, Deerfield, IL 60115) for fitness class instruction at the Levy Senior Center. The agreement term is January 1, 2024, through December 31, 2024. Requires two-thirds (2/3) vote of the Council members. Funding Source: Revenue from program registrations is deposited into the General Fund Account, Levy Senior Center Business Unit 100.30.3055.53565, and instructional expenses are paid from Levy Senior Center Business Unit 100.30.3055.62505, which has a $154,000 budgeted allocation. Revenues are split 70% to the vendor and 30% to the City. Council Action: For Action Summary: Carl Rosenthal has been instructing Pickleball Workshops at the Levy Senior Center and for the Parks & Recreation Department for over five years. During this time, Carl has provided excellent instruction for active older adults and helped support a healthy lifestyle for Levy members. The vendor provides instructions and equipment. For 2024, with increased class fees, the staff is projecting $46,000 in revenues and approximately $33,000 in expenses. For 2023, revenue for Carl’s classes was approximately $41,000, and expenses were approximately $30,000. As mentioned above, Carl has done an excellent job in providing instruction for fitness classes, and staff recommends this agreement, which expires December 31, 2024. Doc ID: c50a006a3ba8d1e4ba4cd58ef0e0a6404d9e06bc Attachments: Agreement for 2024 Page 2 of 13 Doc ID: c50a006a3ba8d1e4ba4cd58ef0e0a6404d9e06bc Page 3 of 13 Approved as to form: Alexandra B. Ruggie Interim Corporation Counsel Luke Stowe City Manager 02 / 02 / 2024 Doc ID: c50a006a3ba8d1e4ba4cd58ef0e0a6404d9e06bc Page 2 of 9 Revised 11/02/2022 Any supplies/materials or other tangible items left on City property by Vendor is done at Vendor’s risk. Vendor agrees to hold harmless the City for any damage or loss to Vendor supplies, materials or other property on City property. 2.3 SCHEDULE OF WORK: Any work performed on City premises shall be done during the hours designated by the City and performed in a manner that does not interfere with the City and its personnel. 2.4 REPORTING, STATUS AND MONITORING SPECIFICATIONS: 2.4.1 Vendor shall immediately notify the City of any event that may have a material impact on Vendors ability to perform the Agreement. 2.5 ASSIGNMENT AND SUBCONTRACTING: 1. 1.1 TERM ANDTERMINATION TERM OF THIS AGREEMENT:This Agreement has an initial term of January 1st, 2024 through December 31 st, 2024.If a start date is not identified, the term shall commence upon the last dated signature of the Parties. This Agreement cannot be terminated less than thirty (30) days before the agreed start date as indicated below. Any termination less than thirty (30) days before the agreed start date must be with the written consent of the Department of Parks and Recreation. Request for termination, either before or after the thirty (30) day period must be made in writing and submitted to the appropriate representative of the Departmentof Parksand Recreation. 1.2 RENEWAL:Subjectto themaximum totaltermas identified above, theCity hasthe optionto renewforthefollowing term(s):If vendor meets the contractual needs, this contact could be renewed for 1 years time. Pricingfor therenewal term(s),or theformulafor determining priceisshown inthe pricing section of this Agreement. Any renewal is subject to the same terms and conditions as the original Agreement except as stated below in this subsection. The City may renew thisAgreementforanyoralloftheoptionperiodsspecified;mayexerciseanyoftherenewaloptionsearlyandmayexercisemorethanoneoptionatatime basedoncontinuingneedandfavorablemarketconditionswheninthebestinterestoftheCity. The Agreement shall not renew automatically nor shall the Agreement renew solely at Vendor’s option. 1.3 TERMINATION FOR CAUSE:The City may terminate this Agreement, in whole or in part, immediately upon notice to Vendor if: (a) the City determines that the actions or inactions of Vendor have caused, or reasonably could cause, jeopardy to health, safety, or property, or (b) Vendor has notified the City that it is unable or unwilling to perform the Agreement. If Vendor fails to perform to the City’s satisfaction any material requirement of this Agreement, or is in violation of a mat erial provision of this Agreement, the City shall provide written notice to Vendor to cure the problem identified within the period of time specified in the City’s written notice. If not cured by that date, the City may either: (a) immediately terminate the Agreement without additional written notice or (b) enforce the terms and conditions of the Agreement. For termination due to any of the causes contained in this Section, the City retains its rights to seek any available legal or equitable remedies and damages. 1.4 TERMINATION FOR CONVENIENCE:The City may, for its convenience and with 7 days prior written notice to Vendor, terminate this Agreement in whole or in part and without payment of any penalty or incurring any further obligation to Vendor. Vendor shall be entitled to compensation upon submission of invoices and proof of claim for supplies and services provided in compliance with this Agreement up to and including the date of termination. 2.DESCRIPTIONOFSERVICES 2.1 Description ofServicerequired: Pickelball Instruction 2.2 WHERE SERVICES ARE TO BE PERFORMED:Unless otherwise specified in this section all services shall be performed in the City of Evanston, Illinois. Vendor shall disclose the locations where the services required shall be performed and the known or anticipated value of the services to be performed at each location. Location where services willbe performed Levy Center Gym Location where services willbe performed James Park/Lovelace Park Page 4 of 13 Doc ID: c50a006a3ba8d1e4ba4cd58ef0e0a6404d9e06bc Page 5 of 13 Doc ID: c50a006a3ba8d1e4ba4cd58ef0e0a6404d9e06bc Page 6 of 13 Doc ID: c50a006a3ba8d1e4ba4cd58ef0e0a6404d9e06bc Page 7 of 13 Doc ID: c50a006a3ba8d1e4ba4cd58ef0e0a6404d9e06bc Page 8 of 13 Doc ID: c50a006a3ba8d1e4ba4cd58ef0e0a6404d9e06bc Page 9 of 13 Doc ID: c50a006a3ba8d1e4ba4cd58ef0e0a6404d9e06bc Page 10 of 13 Doc ID: c50a006a3ba8d1e4ba4cd58ef0e0a6404d9e06bc age 11 of 13 Doc ID: c50a006a3ba8d1e4ba4cd58ef0e0a6404d9e06bc Page 12 of 13 Doc ID: c50a006a3ba8d1e4ba4cd58ef0e0a6404d9e06bc SOLE SOURCE JUSTIFICATION (Requester completes Section A and B) SECTION A - SOLE SOURCE PURCHASE: Complete if sole source purchase is $1,500 or over, AND competition is not available. Sole Source approvals are valid one year from approval date, unless specified elsewhere. Requisition No. (if applicable): Amount:$33,000 Date:1/01/24 Supplies/Services Required (be specific):Levy Senior Center Fitness Instruction Proposed Vendor:Carl Rosenthal Vendor No:16733 Requested by:Brandon Taylor Dept:Parks and Recreation Ext:8283 Justification prepared by:Brandon Taylor Dept:Parks and Recreation Ext:8283 Check One: The requested supply/service is a sole source procurement due to: AVAILABILITY/ONE OF A KIND – No competitive product exists or is available from another vendor. COMPATIBILITY – Must match existing piece or brand of equipment and is available from only one vendor. REPLACEMENT/MAINTENANCE – Repair or maintenance for specific brand of existing equipment and is available from only original equipment manufacturer or designated service dealer. OTHER - Provide below full explanations, details, complete descriptions, and relevant reasons to support the sole source justification: Carl Rosenthal instructs Pickball Workshops on Mondays & Wednesdays 12pm-3:45pm. For 2024, with increased class fees, staff is projecting $46,000 in revenues and approximately $33,000 in expenses. For 2023, revenue for Carl’s classes was approximately $41,000 and expenses were approximately $30,000. SECTION B - REQUESTER CERTIFICATION: By submitting this request, I certify that the above justification/information is accurate and complete to the best of my knowledge and that I have no personal interests relative to this request. Brandon Taylor 1/01/24 (Name and Signature of Requester)(Date) SECTION C - TO BE:COMPLETED BY PURCHASING AGENT: Based on the information provided in Section A and attached supporting documents, I concur / do not concur (see below) with purchase to be a Sole Source. Do not concur for the following reason(s): (Name and Signature of Purchasing Agent or Other)(Date) Page 13 of 13 02 / 02 / 2024 Doc ID: c50a006a3ba8d1e4ba4cd58ef0e0a6404d9e06bc Contract with Carl Rosenthal for Fitness Class Instruction... Approval of Sole ... at the Levy .pdf c50a006a3ba8d1e4ba4cd58ef0e0a6404d9e06bc MM / DD / YYYY Signed 02 / 02 / 2024 10:08:48 UTC-6 Sent for signature to Alexandra Ruggie (aruggie@cityofevanston.org) and Luke Stowe (lstowe@cityofevanston.org) from lthomas@cityofevanston.org IP: 66.158.65.76 02 / 02 / 2024 11:14:37 UTC-6 Viewed by Alexandra Ruggie (aruggie@cityofevanston.org) IP: 66.158.65.76 02 / 02 / 2024 11:14:45 UTC-6 Signed by Alexandra Ruggie (aruggie@cityofevanston.org) IP: 66.158.65.76 02 / 02 / 2024 16:08:06 UTC-6 Viewed by Luke Stowe (lstowe@cityofevanston.org) IP: 66.158.65.76 02 / 02 / 2024 16:08:40 UTC-6 Signed by Luke Stowe (lstowe@cityofevanston.org) IP: 66.158.65.76 The document has been completed.02 / 02 / 2024 16:08:40 UTC-6