Authorize the City Manager or designee to execute the one-year agreement.

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1 MEETING DATE: July 13, 2016 PREPARED BY: Marilee Gorham, Recreation Superintendent INTERIM DEPT. DIRECTOR: DEPARTMENT: Parks & Recreation CITY MANAGER: Jim O Grady Karen P. Brust SUBJECT: CITY SURF INSTRUCTION INDEPENDENT CONTRACTOR AGREEMENT RECOMMENDATION: Authorize the City Manager or designee to execute the one-year agreement. STRATEGIC PLAN: This item relates to the Recreation Focus Area promoting active lifestyles and community health by furthering access to trails, parks, beaches and other recreational opportunities. FISCAL CONSIDERATIONS: There are no additional financial impacts associated with this request. Budgeted revenues and expenditures are included in the FY adopted budget. The City anticipates netting approximately $34,000 in revenue as a direct result of this program. The City collects all program registration fees through the Active Network registration software. Per past practice, for both program and City administration cost recovery, the Independent Contractor Brent Stephen s receives 75% and the City 25% of the total program registration fees. The table below provides a detailed 5-year history of participation levels, total program fees collected and amounts paid: FISCAL PERIOD TOTAL PROGRAM PARTICIPANTS TOTAL REGISTRATION FEES COLLECTED 75% FEE PAID TO INSTRUCTOR 25% FEE PAID TO CITY FY $134,806 $101, $33, FY $107,117 $80, $26, FY $101,095 $75, $25, FY $58,119 $43, $14, FY $12,745 $9, $3, TOTAL 1,610 $413,882 $310, $103, Item 8E 1 of 22

2 BACKGROUND: Since FY 2008/09, the City has contracted annually with Brent Stephens, providing specialized surf instruction and surf camps for children and adults. The Parks and Recreation Department s surf program has grown over 1,200% since FY2011/12, from 47 annual participants to 569 as of the summer The current Independent Contractor Agreement with Brent Stephens expires June 30, In preparation for summer 2016 programming, the department became aware that the City surf program provided by Contractor Brent Stephens would surpass the $100,000 Purchasing Policy (PC01) threshold. A new Agreement is required for the programming period of July 1, 2016 through June 30, 2017, due to revenue estimates and the contractor s share of the revenue exceeding $100,000, City Council approval is required. The contractor is uniquely qualified with extensive institutional knowledge, inclusive of the required training, certifications, and local programming oversight and relationship with City lifeguard staff at Moonlight Beach. ANALYSIS: Per EMC Chapter 7.18 (Purchasing & Contracts) and the City s Purchasing Policy (PC01), authority to award contracts and authorize services with an estimated value of over $100,000 requires City Council approval. Independent Contractor Brent Stephens has grown a specialized program that encompasses the size and scope the Encinitas Parks and Recreation Department desires. Brent Stephens reputation, client base and expertise demonstrate a high success rate, essential for beach safety programming conducted each summer at Moonlight Beach. City staff and patrons alike have been extremely pleased with the current program provider. Staff will initiate a RFQ process for summer 2017 programming this fall to ascertain any level of interest from other prospective providers in the community in order to support a fair and competitive solicitation process per the City Purchasing Policy. ENVIRONMENTAL CONSIDERATIONS: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a project under Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. ATTACHMENTS: Attachment 1 - Independent Contractor Agreement with Brent Stephens Item 8E 2 of 22

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