Loading...
HomeMy WebLinkAboutAgenda Report - June 16, 2010 D-09AGENDA ITEM DA CITY OF LODI ,. COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Approving Contractfor Fiscal Year 2010/11 with United Cerebral Palsy of San Joaquin, Amador, and Calaveras Counties, of Stockton, for Grounds Maintenance at Hutchins Street Square Community Center ($27,625.13) MEETING DATE: June 16,2010 PREPARED BY: James M. Rodems -Community Center Director RECOMMENDED ACTION: Adopt resolution approving contractfor Fiscal Year 2010/11 with United Cerebral Palsy of San Joaquin, Amador, and Calaveras Counties, of Stockton, for grounds maintenance at Hutchins Street Square Community Center for the annual cost of $27,625.13. BACKGROUND INFORMATION: United Cerebral Palsy (UCP) has been working for the Community Center since 2000. They have been successfully used at several City facilities. Staff is proposing to continue contracting with UCP for grounds maintenance at Hutchins Street Square. The UCP Program provides meaningful work for the disabled. Each UCP crew is composed of four persons plus a supervisor. The program includes transportation and direct supervision for the crew. The contract rate for a crew is $45.25 per hour. UCP is the only known non-profit organization that pays the disabled the State minimum wage. All other organizations pay crew members less and cite additional benefits such as training, transportation, supervision, and overhead as reasonsfor below -minimum wage. In addition to strengthening the self-esteem of these crew members, the citizens of Lodi receive excellent services at a competitive price. FISCAL IMPACT: The overall fiscal impact is minorwhen service/benefit received is compared to cost. The provision of this service is integral to the Community Center maintaining high aesthetic standards within budgetary constraints. FUNDING AVAILABLE: Funds for this contract are provided in the 2010/11 HSS Maintenance Budget Contract line item of Sublet Service Contracts (345925.7335) Cj li��eQa� Jordan -Ayers Deputy City Manager/Internal Services Director r -- James M. Rode Community Center Director APPROVED: Ko radt Bartlam. Interim Citv Manager CADocuments and Settings\jrodems\Desktop\000 UCPCContract. doc 6/9/200 Landscape Maintenance Contract City of Lodi Hutchins Street Square This contract agreement is made and entered into, this 1St day of July, 2010 between United Cerebral Palsy Association of San Joaquin, Amador, and Calaveras Counties, (hereafter referred to as the Contractor) and The City of Lodi, Hutchins Street Square, (hereafter referred to as the Customer). This contract defines the responsibilities associated with the provision of "Landscape Maintenance" servicesby the Contractor for the Customer. The Contractor, beginning July 1,20 10, will provide services associated with the "Landscape Maintenance" project. The services for "Landscape Maintenance" outlined in the following proposal will be conducted by persons with disabilities affiliated with the Contractor's Supported Employment program. This program is considered cost-effective for the State of Californiabecause it transitions adults with special needs into gainful employment opportunities that they would otherwise not be able to obtain under normal circumstances. Because of the unique working relationship associated with this contract the City of Lodi's specific needs for "Landscape Maintenance" will be met as well as the needs of the disabled worker. The working relationship defined under this contract may be extended or terminated by either party with a written one-month notice or mutually agreed upon time. The Contractor's responsibilities 1. The Contractor will provide the staff to make up one (1) crew, totaling four (4) crewmembers, to ensure the production needs of the contract are met. The Contractor will assign one, (1) supervisor/job coach to ensure quality and accuracy of all duties associated with the required work. It shall be the responsibility of the supervisor/job coach to keep accurate account of each service performed and to monitor the quality standards set forth by the Customer. With prior approval, the Contractor may make modifications to the work station/area to accommodate crewmembers at no cost to the Customer. 2. The contractor will perform the work associated with "Landscape Maintenance" at the City's Hutchins Street Square location. 3. It shall be the responsibility of the Contractor to train, supervise, schedule and oversee all crewmembers at no cost to the Customer. The Crew Instructor(s) will remain on-site, in the immediate work area while crewmembers are present. 4. The Contractor and not the Customer will pay all crewmember and supervisor/job coach wages; all personnel costs and liabilities (e.g., Worker's Compensation, insurance, state and federal taxes as well as any reimbursement costs), associated with the "Landscape Maintenance" services rendered. 5. Detailed tracking documents, time studies and the invoice will be submitted to the customer on a monthly basis. 6. The Contractor will properly maintain all equipment and supplies to ensure that the project services associated with the daily operations are not negatively effected. If the Contractor damages any property due to negligence, the Contractor will be liable to repair or replace the Customer's property. 7. All crewmembers will comply with the health and safety regulations established by OSHA, the State of California, and the Customer while performing the contract services. 8. The Contractor will makeup the lost hours due to holidays, the following business day. 9. The Contractor will provide the following service once a week; a. Mowing all grass areas designated by Hutchins Street Square. b. Edge around grass areas designated by Hutchins Street Square. c. Weed whack all areas including utility boxes, sprinklers heads etc. d. Blow and clean up all areas worked by contractor. e. Weed and trim all shrubs, trees and plant life in flowerbeds. The Customer's responsibilities 1. The Customer will reimburse the Contractorby the fifteenth (15th) working day of each month, after submission of invoice for services rendered, associated with the "Landscape Maintenance". The method of reimbursement shall reflect a rate of $45.25 per hour multiplied by the total number of hours worked for that month. 2. The Customer will provide all Contractor crewmembers, with "Landscape Maintenance" supplies and equipment specific to the daily "Landscape Maintenance" duties as well as 'Special Services' as outlined in the proposal, to ensure the production and productivity of the contract is performed to the Customer's standards. 3. The Customer within reason will assist the Contractor crewmembers in locating and centralizing tools and equipment specific to the contract when necessary, to improve services. Other consultations will be conducted on an as needed basis. 4. To the greatest extent permitted by the public records act and other applicable law, the Customer will maintain confidentiality of all personal and medical records and transactions specific to the Contractor's employees. Landscape Maintenance Cost Proiection FY 10-11 July August Sept Oct Nov Dee Jan Feb March April May June Total Hrs. Serviced 71.5 71.5 44 49.5 38.5 27.5 27.5 22 49.5 71.5 66 71.5 610.5 Cost Per Hr. $45.25 $45.25 $45.25 $45.25 $45.25 $4525 $45.25 $45.25 $45.25 $45.25 $45.25 $45.25 Cost Per Month $3.235.38 1 $3.235.38 1 $1,991.00 1 $2.239.88 I $1,742.13 1 $1.244.38 1 $1.244.38 1 $995.50 1 $2,239.88 1 $3335.38 1 $2.986.50 1 S3.235.38 1 $27,625.13 By binding signatures, United Cerebral Palsy of San Joaquin, Calaveras, & Amador Counties and The City of Logi Hutchin's Street Square agree to all the stipulations in this agreement and its attachments: ?Idl L �k ature of Contractor Signature of Customer Representative Date Date IN WITNESS THEREOF THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT THE DAY AND YEAR FIRST ABOVE WRITTEN. CITY OF LODI By: Konradt Bartlam Title: Interim City Manager Date: Approved As To Form: By: D. Stephen Schwabauer Title: City Attorney Date: Contract Administrator: By: James M. Rodems Title: Community Center Director Date: N / By: Leslie Fieier Title: Chief Operating Officer Date: M a_v 21. 2010 Fed. Employer ID No. 9 4 - 612 4 2 81 Attest: By: Randi Johl Title: City Clerk Date: Jul T W T IF S I S I S IM Sll T W IT F S 11 8 9 10 j- 2 3 41 5 16 17 8 ,g 10 11 !,"12 13 14 15 -16 17 18 19 20-2111i 291 22 23 24 25 .28, A -130 311 November March S M T W T IF S I S I 2 Sll 2 3 ,:�. .-4 5 6 -7 8 9 10 j- 12 13,'l 14 15 16 17 18 19 201), . .21 22 23 24 -25 26 27['281 31 291 301311 291 30 1 1 2010-2011 Landscaping Schedule Amust S M IT IT W W IT IF S I S I 2 Sll 3 3 5 -6 7 7 9 10 12 j- 141 15 J��16 17 .1.8 19'.---2. 0 21 2 .� 2 23 , 24 -25 26 ",21 28 29130 31 31 28 291 30 uecemDer S M IT W IT IF IF S I 21 2 Sll 2 3 4 5 6 7 9 10 11 12 13 14,15 16 17 18 19 20 21 22 23 24 25 261 27 28-,-- 9 30, 31 2 WITSIR S M IT W IT IF S I IF S 21 2 3 -W 7 L9 9 10 '11' 12, — 14 '71 16 17 8 21 22 23 24 :251 26, 28 29, 30, Days Worked seoterriber S M IT IT IF S S I T W IT F -W 1 2 ��.'3, 4 5 6 11,L 8 9 AD 11 12 '13 14 15 16'_-.J-7: 25._::28 18 19-','20 29 21 22 23 :124 25 2 28 291 30 janua S M IT W IT IF IT IF S I S M T W IT F S I 2.$ 4 51 6` 4 8 9 10 11,L 13 14 15 161 17 _j 18 20 21 22 231 24 25._::28 27 28 29 301 3 IvIdy IT W IT IF S M T W IT F S I 3 W2 394 5_ 6 7 8 12 10 12 14 15 191 17'14 19 2q 21 22,-..23 261 24 25 26 27 28 2-90 3 31 October S M IT W IT IF S I 1 1 4 3 3 5 6 7 4 10 12 13 14:.15 16 17 8 191 20 21 22 23 51 261 271 28 .20 301 31 Februa S IM IT IT IF S I 1 1 -W ",,2-2 3 4 5 61 71 4 1 101 1 9 13 141 15 17 18 8 19 A 20 211 22 23.' 24 V�� 25 26 27 281 30, June S M IT W IT IF S 2 = 3 4 8. 9 -10 11 12 14 -15 16 7" 18 21 22 23 .24 25, 28 729 30, From: Daisy Valino At: VVasserman & Associates FaxID: VVasserman Associates To: Diane Date: 6/6/2008 0727 PM Page:2 of 4 OP ID D ACORD. CERTIFICATE OF LIABILITY INSURANCE UCPSJ-1 DATE(MM/DDfYYYY) 06/07/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wasserman & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Brokers, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 19970 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sacramento CA 95819-3915 phone :916-739-0254 Fax:916-733-0622 INSURERS AFFORDING COVERAGE NAICr UCP of San Joaquin 333 West Benjamin Holt Drive Stockton CA 95207 INSURERC INSURERCi ici io�o F OVERAGES THE POLICIESOF INSURANCE LISTEDBELOWHAVE BEEN ISSUEDTO THE INSURED W E D ABOVE FORTHE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECTTO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTOALL THE TERMS, EXCLUSIONSAND CONDITIONSOF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCEDBY PAID CLAIMS .TR INSR TYPE OF INSURANCE POLICY NUMBER DATE (� DATE (MMIDDM') LIMBS GENERAL LIABILITY EACH OCCURRENCE 51,000,000 A I X X COMMERCIAL GENERAL LIABILITY PHPK319602 06/06/08 06/06/09 PREMISES (Ea occurencel 5 100,000 111 CLAIMS MADE XX OCCUR MED EXP (Any one person) 5 5,000 PERSONAL 8 ADV INJURY S 1,000,000 GENERAL AGGREGATE 5 3,000,000 AGGREGATE L IMIT APPLIES PER PRODUCTS - COMP/OP AGG S 3,000,000 POLICY JET r— LOC I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT i 5 1 000'000 A ANYAL70 PHPK319602 06/06/08 06/06/09 (Ea accident) , _1 BODILY INJUR? (Per person) I 5 X ALL OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY (Peracoident) X X HIRED AUTOS NON -OWNED AUTOS PROPERTYDAMAGE (Per accident ) $ GARAGE LIABILnY AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACCH (AUTO $ ANY AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACHOCCURRENCE Is 1 , 000 , 000 A X OCCUR ❑CLAIMS MADE PHBU241210 06/06/08 06/06/09 AGGREGATE 5 9,000,000 Is DEDUCTIBLE }( RETENTION $10,000 WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE TORY LIMITS EH E.L. EACHACCIDENT $ E.L. DISEASE. EA EMPLOYEE $ OFFICERWEMBER EXCLUDED? II yes, describe under SPECIAL PROVISIONSbelow E.L. DISEASE• Pau1CIILIMr( t OTHER )ESCRIPTION OF OPERATIONSI LOCATIONSI VEHICI 51 EXCLUSIONS ADDED BYENDORSEh O 1 SPECIALPROVI INS *30 Days Notice to Certificate Holder applies except for Non -Payment of Premium, which is 10 days. RE: Downtown Parking Lot Cleaning Contract. The City of Lodi, its elected and appointed boards, commissions, officers, agents, and employees are included as Additional Insureds per GL form CG 2026 attached. Primary Wording form attached. CERTIFICATE HOLDER CANCELLATION LODIC-1 SHOULDANYCFM E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURERWILL ENDEAVOR TO MAIL 30* DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TOME LEFT. BUT FAILURETO DO SO SHALL city of Lodi 221 West Pine Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINDUPONTHE INSURER, ITS AGENTS OR Lodi CA 95241 REPRESENTATIVES. AUTHORIZED REPRE NTATIVE r ' ACORD 25 (2001108) C AGORU CORPORATION 1983 From: Daisy Valino At: Wasserman & Associates FaAD: Wasserman Assodates To: Diane POLICY NUMBER: PHPK319602 Date: 6/62008 07:27 PM Page: 3 of 5 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations) I The City of Lodi. its elected and appointed boards. commissions. officers. agents. and emplovees 221 l est Pine Street Lodi. CA 95241 RE: Dow -mon Parldng Lot Cleannlg Contract I Information requiredto complete this Schedule, if not shown above, will be shown in the Declarations I Section II — Who lk An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(s) shown in the Schedule. but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 From: Daisy Valino At: Wasserman 8 Assodatee FaAD: Wasserman Associates To: Diane Date: 6/6/2008 07:27 PM Page:4 of SECTIONIV — COltBIERCIAL GENERAL b. To sue u s on this Coverage Part unless all of its LIABILITY CONDITIONS terms have been fully complied w itln. 1. Bankruptcy Banluuptcy or insolvency of the insured or of the in- sured's esulte will not relieve. tis of our obligations under this CoveragePart 3. Duties In The Event Of Occurrence, Offense, Claim or suit a. You must see to it dxit me are notified as soon as practicable of an "occurrence" or an offensewlniclr mae result in a claim. To the extent possible.. notice should include (1) How. when and where the "occurrence." or offense took place: (2) The names and addresses of any ultured persons and witnesses: and (3) The nature and location of any nniun or damage arising out of the "occurrence" or offense. b. Ifa claim is made or "suit" is brought against any irmmadyou must: (1) Immediately record the specifics of the claim or "suit" and the date received: and person or organizationmay sue us to recover on an agreed settlement or on a final judgment against an in- sured obtained after anactunaI trial: but we will not be liable for damages that are not payable under the terms of this Cov erage Part or that are in excess of the appli- cable.limit of insurance.An agreed settlementmeans a settlenient and release of liability signed by us. the in- sured and the claimant or the claimant's legal represen- tative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part. our obligations are lnnited as fol- lows: a. Primary Insurancr This insurance isprmman' except when b. below ap- plies. If this Insurance is primary. our obligations are not affected unless any of the other insurance is alsopriman.-. Then. we will share.with all tbdt other insurance by the method described in c. below. b. Excess Insurance (2) Notify us as soon as practicable This insurance is excess over. You must see to it that we receive written notice of the clam or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands. notices. sumnm oases or legal papers received in connection with the claim or "suit": (2) Authorize us to obtain records and otherinfor- mation. (3) Cooperate with us in the investigation or settle- ment of ilie clam or defense against the "suit": and (4) Assist its.. urj:)on our request. in the enforcement of any right against any person or organization wihich may be liable to the insured because of mlury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost. voluntarily make a payment. assume any obligation. or incur any expense. other than for first aid. with- out our consent. 3. Legal Action Against Us No person or organization has a right under this Cover- age Part a. To larn us as a parte or otnenvise brine US 11110 a "suit" asking for damages from an im.aired. or (1) Any of the other insurance. whether primary. excess. contmeent or on am' otherbasis (a) That is Fire. Estended Coverage. Builder's Risk. Installation Risk or similar coverage for "your work" (b) That is Fire nlsurance for premises rented to you or temporarily occupied by you with permission of the. owner: (c) That is insurance purchased by you to cover your liability as a tenant for "property dam- age" to premises rented to you or temporar- ily occupied by you with permission of the owner. or (d) If the loss arises out of the maintenance cr use of aircraft. "autos" or watercraft to the extent not subject to Exclusion g. of Section I —C:overage.A— Bodilylnlun- And Prop- erty Damage Liability. (2) Any other primary insurance available to you covervhg liability for damages arising out of die. premises or operations for mhich you have been added as an additional insured by attachment of an endorsement. C(7 00 01 07 98 Copyright. Insurance Services C)fflce. Inc.. 1997 Page 9 of 13 ❑ RESOLUTION NO. 2010-98 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING CONTRACT FOR FISCAL YEAR 2010/11 FOR GROUNDS MAINTENANCE AT HUTCHINS STREET SQUARE COMMUNITY CENTER WHEREAS, United Cerebral Palsy has been working for the Community Center since 2000 and has been successfully used at several City facilities; and WHEREAS, staff is proposing to continue contracting with United Cerebral Palsy for grounds maintenance at Hutchins Street Square; and WHEREAS, the United Cerebral Palsy program provides meaningful work for the disabled. Each United Cerebral Palsy crew is composed of four persons plus a supervisor. The program includes transportation and direct supervision for the crew. The contract rate for a crew is $45.25 per hour. United Cerebral Palsy is the only known non-profit organization that pays the disabled the State minimum wage. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve a cleaning contract for grounds maintenance at Hutchins Street Square Community Center in the amount of $27,625 with United Cerebral Palsy of San Joaquin, Amador, and Calaveras Counties, of Stockton, California, for fiscal year 2010-11; and BE IT FURTHER RESOLVED that the City Council hereby authorizes the Interim City Managerto execute the contract on behalf of the City cf Lodi. Dated: June 16, 2010 I hereby certify that Resolution No. 2010-98 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 16, 2010, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, and Mounce NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS — Mayor Katzakian ABSTAIN: COUNCIL MEMBERS — None 4Citv �Hl_ 2010-98