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HomeMy WebLinkAboutAgenda Report - July 18, 2018 C-05TM CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: MEETING DATE: PREPARED BY: AGENDA ITEM C-5 Adopt Resolution Approving Contract with Lodi Unified School District to Provide After -School Staff Support for the Bridge Program at Ten Locations During Fiscal Years 2018/2019 and 2019/2020 ($928,458.81) July 18, 2018 Parks, Recreation and Cultural Services Director RECOMMENDED ACTION: Adopt resolution approving contract with Lodi Unified School District to provide after-school staff support for the Bridge program at 10 locations during Fiscal Years 2018/2019 and 2019/2020 in the amount of $928,458.81. BACKGROUND INFORMATION: Lodi Unified School District is the recipient of a state After School Education and Safety (ASES) Program grant, which provides funds for after-school enrichment for K-8 students participating in Lodi Unified's Bridge Program. The California Department of Education grant, funded by Proposition 49 (2002), requires a recreational component for students at participating sites. Lodi Unified has contracted with the City (sub -recipient) to provide these services for the past 11 years, and has negotiated an agreement for the Parks, Recreation and Cultural Services Department to do so again in Fiscal Years 2018/19 and 2019/20. The 10 sites are Beckman, Borchardt, Heritage, Houston, Lawrence, Needham, Nichols, Victor, Washington and Woodbridge elementary schools. The Districts' other elementary schools in Lodi do not qualify for grant funding. The Department will receive $45,495 per year per elementary school site in Year 1, and $47,507.81 in Year 2. Aside from slight annual increases in revenue from Fiscal Year 2017/18 because of State - mandated increases in employee costs and three fewer sites, the contract terms are unchanged from the previous year. The revenue and expenses related to this program were included in the FY 2018/19 budget the Council adopted on June 6. FISCAL IMPACT: PRCS costs are covered under the terms of the contract. APPROVED: Stephen Schwaba , City Manager Adopt Resolution Approving Contract with Lodi Unified School District to Provide After -School Staff Support for the Bridge Program at Ten Locations During Fiscal Years 2018/2019 and 2019/2020 ($928,458.81) July 18, 2018 Page 2 FUNDING AVAILABLE: Per agreement with Lodi Unified School District and FY 2018/19 budget. Andrew Keys. Deputy y Manager/Internal Services Director Jeff Hood Director P JH:tI cc: City Attorney , Recreation and Cultural Services LODI UNIFIED SCHOOL DISTRICT Division of Business Services SERVICES AGREEMENT This agreement is entered into between Lodi Unified School District, hereinafter called the District, and City of Lodi. a Munic(pal Corporation, throe gh its Parks. Recreation. and Cultural Services Department hereinafter called the Contractor, Independent Contractor shall provide the following services: For After School Staffing and Suppart Services to be provided to Beckman. Victor Borchar .Noj►ston Wash(ngtom. Needham, Heritage, Woodbridge. Nichols, and Lawrence Elementary Schools. The services shall begin on July 272018 and be completed by June 3, 2020. In consideration of the services to be rendered by the Contractor, the District agrees to pay the Independent Contractor a progress payment every 30 days, upon prior receipt and approval of a work completion statement: 2 Year Agreement not to exceed $928,458.81 Nine Hundred Twenty Eight Thousand, Four Ilundu_ed Fifty mut 811700 Do Tars 18/19 FY Not to exceed $454,951.00 Four Hundred Fifty Eour Thousand, Nine Hundred Fifty One Dollars 19/20 FY Not to emceed $47,507.81, Fo. r Hundred Seventy Three Thousand, Five Hundred Seven & 81/100 Dollars. Independent Contractor agrees to comply with all provisions of Education Code Section 45125.1. Prior to commencing work, Independent Contractor will conduct criminal background check of all employees assigned to the Lodi Unified School District and will certify that no employees who have been convicted of serious or violent felonies as specified, will have contact with pupils, pursuant to this Agreement. Independent Contractor must provide the Lodi Unified School District with a list of all employees providing services pursuant to this Agreement and designate to which sites they will be assigned. Failure to comply with this law may result in, or District's sole discretion, termination of this Agreement. The District also has the option to terminate for convenience or should the District determine that the Independent Contractor is in default. In the event the District desires the option to terminate for convenience, the District will owe the Independent Contractor an amount to cover the amount of work completed to that date. Independent Contractor warrants and represents that he/she understands the scope of the contracted work to be completed and that he/she represents and warrants to the District that he/she is qualified to perform the intended services. This agreement, and any documents referred to on the face hereof, constitutes the entire agreement between the two parties, and supersedes any prior agreements with respect to the matters herein. By signing this agreement, both parties agree to the terms and conditions. Contractor hereby covenants and agrees that the District, its officers, agents, employees, members or representatives shall not be liable for any loss, damage, injury or liability of any kind, person or property, arising from the acts, omissions or negligence of Independent Contractor. Each party agrees to indemnify and hold the other harmless from any and all liability caused by their respective performance of this agreement, save and except for the others sole negligence. Signature: Leonard Kahn Date Chief Business Officer Independent Contractor: Signature: Date: Address: 230 W. Elm St, Lodi. CA 95240 Phone: 209.333.6742 Email: Please refer to Purchase Order for full Terms and Conditions Rev. 10-12 kt.Ce`io .4pproved as ti .f Cit Attorney TERMS AND CONDITIONS PAYMENTS Payments shall be made, upon submission of itemized invoices in triplicate, of the prices stipulated herein for supplies delivered and accepted or services rendered and accepted, less deductions, if any, as herein provided. Payment on partial deliveries may be made whenever amounts due so warrant or when requested by the Vendor and approved by the School District Agent. 2. INSPECTION All materials and workmanship are subject to inspection and test by the School District for compliance with specifications as included herein. In the event articles or services are defective or not in conformity with this order, the School District shall have the right either to reject the items or require correction. Defective articles or services shall be removed from the School District premises andlor corrected by and at the expense of the Vendor. Failure to inspect and accept or reject shall not relieve the Vendor from responsibility for compliance with specifications. Final acceptance shall be conclusive except as regard latent defects, fraud, or such gross mistakes as amount to fraud. 3. RESPONSIBILITY Unless otherwise specified, the Vendor shall be responsible for all items covered by this purchase order until delivered at the designated delivery point, and the Vendor shall bear all risks as to items rejected or requiring correction after notice of such rejection or correction is given. 4. CHANGES This purchase order may at any time, by written order, be changed in regards to the materials or services to be furnished, quantities ordered, unit price, discount, delivery point or arrangements, terms, or any other matters affecting a valid order. In the event such change causes an increase or decrease in the cost of performance hereunder, an equitable adjustment will be made for the cost thereof, subject to the approval of the School District Agent, and written notice given therefore. 5. VARIATIONS -QUANTITIES No variation in the quality or quantity of any item called for by this purchase order shall be acceptable except in pursuance of written change order so authorizing and no change in cost shall be valid unless so ordered. 6. TERMINATION This purchase order may be terminated in whole or part at any time by written notice to the Vendor. Such termination shall be effective in the quantity, manner, and time specified in such notice and the School District shall be liable at the stipulated price only for such materials and/or services as have been delivered and/or rendered and accepted. The School District shall not be liable for any excess costs arising out of such termination; and failure of the Vendor to cease delivery and/or work upon receipt of termination shall not occasion a claim for extra costs. 7. Lh48it_l—The-Schoof-elstrict shall• net•be•responsibte-for-any-damage-that-may-acorue.by_reasort•alha.dealh.ar.. injs.zy-c LWa-persa t-ef-the Vendor's officers. -agents, employees, invitees, or licensees, or for damages to any property of the Vendor or that may arise or be set up at any time because of personal injury of damaged property sustained by any other person or persons which may have been caused or contributed to, approximately or remotely, by reason of or in tfit-eauiseofperformance of this purchase order. The Vendor shall assume full responsibility for the defense of any claim arising under this purchase order and the Vendar h,5�all save, keep, and bear harmless the School District, all officers and employees thereof, from all damages, costs, or expenses, in law or in equity tiec`guse• ersonal injury, property damage or alleged or actual-pataatinfringemsnts blsed on-the-performance-of.this-purchasa-ofder-orasserted=aga{ns . 6- DELAYS -DAMAGES In the event the Vendor fails to perform this purchase order within the time specified, if any, or a reasonable time after placement of the order, the School District Agent may, by written notice, order the Vendor to cease further deliveries and may hold the Vendor liable for any damages caused the School District by reason of such delay. Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the School District Agent. 9. DISPUTES All disputes conceming questions of fact which may arise under this purchase order, and not disposed of by mutual consent, shall be decided by the School District Agent. RESOLUTION NO. 2018-135 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN LODI UNIFIED SCHOOL DISTRICT AND THE CITY OF LODI TO PROVIDE BRIDGE PROGRAM STAFF SUPPORT AT TEN LOCATIONS DURING FISCAL YEARS 2018/19 AND 2019/20 WHEREAS, the City of Lodi has contracted with Lodi Unified School District to provide staff support to the District's Bridge after-school program at numerous sites since 2007; and WHEREAS, Lodi Unified School District has requested the City to continue providing this service in Fiscal Years 2018/19 and 2019/20; and WHEREAS, Lodi Unified School District agrees to pay up to $454,951 for this service in Fiscal Year 2018/19 and up to $473,507.81 in Fiscal Year 2019/20, for a total contract value not to exceed $928,458.81. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a contract between Lodi Unified School District (Grantee) and the City of Lodi (Sub -recipient) to provide the Bridge program at ten locations during Fiscal Years 2018/19 and 2019/20, in an amount not to exceed $928,458.81. Dated: July 18, 2018 I hereby certify that Resolution No. 2018-135 was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 18, 2018, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, and Mayor Nakanishi NOES COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Johnson ABSTAIN: COUNCIL MEMBERS — None Cty NIFERi. FAIOLO Clerk `� 2018-135