Loading...
HomeMy WebLinkAboutAgenda Report - June 20, 2018 C-08TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM C-8 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Contracts for Fiscal Year 2018/19 with United Cerebral Palsy of San Joaquin, Amador, and Calaveras Counties, of Stockton, for Downtown Cleaning ($64,352), Transit Facility Cleaning ($51,234), and Hutchins Street Square Landscape Maintenance ($20,879) MEETING DATE: June 20, 2018 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute contracts for Fiscal Year 2018/19 with United Cerebral Palsy of San Joaquin, Amador, and Calaveras Counties, of Stockton, for downtown cleaning in the amount of $64,352, transit facility cleaning in the amount of $51,234, and Hutchins Street Square landscape maintenance in the amount of $20,879. BACKGROUND INFORMATION: United Cerebral Palsy (UCP) has been working for the Public Works Department since 2000 at several City facilities. Staff is proposing to contract with UCP for downtown cleaning, transit facility cleaning, and Hutchins Street Square landscape maintenance. The downtown area addresses street furniture, trash, litter, spills, and leaf removal; the transit facility cleaning addresses the grounds surrounding Lodi Transit Station, the Lodi Transit Station Parking Structure, and sheltered bus stops; and work at Hutchins Street Square includes weekly landscape maintenance, such as weeding, shrub trimming, and debris removal. The UCP program provides meaningful work for the disabled. Each UCP crew generally includes four persons plus a supervisor. The program includes transportation and direct supervision for the crew at the following hourly rates: *Rates reflect the State Minimum Wage increase effective January 1, 2019. UCP is the only known nonprofit organization that pays the disabled the State minimum wage. Other organizations are known to pay crew members less and cite additional benefits such as training, transportation, supervision, and overhead as reasons for below -minimum wage compensation. In addition to strengthening the self-esteem of these crew members, the citizens of Lodi continue to receive excellent services. Per Lodi Municipal Code Section 3.20.070, Bidding, the bidding process may be dispensed when the City Council determines that the purchase or method of purchase is in the best interests of the City. Staff recommends waiving the method of receiving competitive bids since it is advantageous for the City. 49— APPROVED: \�All ��"�1 - phen Sc K:\WP\PROJECTS\MISC\UCP\2018-2019\CC Contracts.doc auer, City Manager 6/5/2018 2018 2019* Downtown Cleaning $62.25 $67.45 Transit Facility Cleaning $61.60 $65.50 Hutchins Street Square Landscape $61.12 $66.32 *Rates reflect the State Minimum Wage increase effective January 1, 2019. UCP is the only known nonprofit organization that pays the disabled the State minimum wage. Other organizations are known to pay crew members less and cite additional benefits such as training, transportation, supervision, and overhead as reasons for below -minimum wage compensation. In addition to strengthening the self-esteem of these crew members, the citizens of Lodi continue to receive excellent services. Per Lodi Municipal Code Section 3.20.070, Bidding, the bidding process may be dispensed when the City Council determines that the purchase or method of purchase is in the best interests of the City. Staff recommends waiving the method of receiving competitive bids since it is advantageous for the City. 49— APPROVED: \�All ��"�1 - phen Sc K:\WP\PROJECTS\MISC\UCP\2018-2019\CC Contracts.doc auer, City Manager 6/5/2018 Adopt Resolution Authorizing City Manager to Execute Contracts for Fiscal Year 2018/19 with United Cerebral Palsy of San Joaquin, Amador, and Calaveras Counties, of Stockton, for Downtown Cleaning ($64,352), Transit Facility Cleaning ($51,234), and Hutchins Street Square Landscape Maintenance ($20,879) June 20, 2018 Page 2 FISCAL IMPACT: Maintaining a clean downtown core, transit facility, and Hutchins Street Square enhances the appearance of Lodi. Failing to maintain, or reducing maintenance services in these areas, may result in decreased visitation and sales tax generation. This project does not impact the General Fund. FUNDING AVAILABLE: Budgets for these contracts are included in the Fiscal Year 2018/19 operating budgets, as follows: Downtown Cleaning: Transit Facility Cleaning: Hutchins Street Square Landscape Maintenance: $64,352 — Street Fund (30156003) $51,234 — Transit Fund (60054104) $20,879 — HSS Fund (20071402) Andrew Keys Deputy City Manager/Internal Services Director Jeff Hood f Parks, Rec e. ion : ultural Services Director Prepared bean Natha•, Senior Civil Engineer CES/SEN/tdb Attachments cc: Transportation Manager Building & Event Supervisor PW Management Analyst Charles E. Swimley, Jr. Public Works Director K:\WP\PROJECTS\MISC\UCP\2018-2019\CC Contracts.doc 6/5/2018 Contract for "Downtown Lodi Cleaning Crew" 1. Introduction. This Contract for "Downtown Lodi Cleaning Crew" ("Contract') is made and entered into on July 1, 2018 between the United Cerebral Palsy Association of San Joaquin, Amador, and Calaveras Counties, a California non-profit corporation ("Contractor') and the City of Lodi, a California municipal corporation ("Customer'). 2. Background. The services for "Downtown Lodi Cleaning" outlined in this Contract 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 California because 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 "Downtown Lodi Cleaning" will be met as well as the needs of the disabled worker. 3. Term: The term of this Contract will be for one (1) year, beginning July 1, 2018. The Contract will be automatically renewed for succeeding terms of one (1) year each, unless at least thirty (30) calendar days before expiration of any term, either party gives written notice to the other of its intention not to renew this Contract. 4. Early Termination. This Contract may be terminated by either party at any time, at will, with or without cause, for any or no reason, by giving written notice to the other party at least thirty (30) calendar days before the termination is to be effective. 5. Description of the Cleaning Services: In exchange for the consideration set forth in this Contract, Contractor agrees to perform the following cleaning services on a rotating basis to the Downtown Lodi area during the hours of 7:00 a.m. — 11:00 a.m., Monday — Friday (except holidays): a. Empty trash containers (Monday & Friday only) b. Clean furniture weekly, dust benches, bollards, light standards c. Blow and collect leaves d. Remove litter, broken glass, cleanup spills e. Wash sidewalk areas around trash containers monthly f. Report observed hazards immediately to Customer (e.g., broken tree limbs, loose pavers, etc.) 6. Contractors' Duties. a. Contractor will provide staff to make up one (1) crew of up to four (4) crewmembers, to perform cleaning services to the Downtown Lodi area as outlined in this Contract. Contractor will assign one (1) supervisor/job coach to each crew 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. b. Contractor will train, supervise, schedule and oversee all crewmembers at no cost to the Customer. Contractor agrees to provide the trainer(s)/supervisor(s) to the Customer at no additional charge to the Customer. The trainer(s)/supervisor(s) will remain on-site, in the immediate work area while crewmembers are present. The Contractor has the sole responsibility of all workers' compensation and wages paid to each crewmember and staff assigned to the work site. c. The Contractor and not the Customer, will pay all crewmember wages; all personnel costs and liabilities (e.g., workers' compensation, unemployment insurance, state and federal taxes as well as any reimbursement costs), associated with the "Downtown Lodi Cleaning" services rendered pursuant to this Contract. d. Contractor will submit to Customer on a monthly basis tracking documents and an invoice for all work performed. e. Contractor will use reasonable care in the use of all equipment and supplies provided by Customer pursuant to the terms of this Contract. If Contractor damages any property due to negligence, or causes harm to persons through negligence, 1 Contractor will be responsible for all liabilities resulting therefrom including repairing or replacing Customer's property. f. Contractor will comply with the health and safety regulations established by OSHA, the State of California, and Customer while performing the work outlined in this Contract. g. Contractor shall obtain and maintain during the term of this Contract insurance coverage as set forth in Exhibit "B" attached hereto. h. Contractor will obtain a City of Lodi business license prior to performing the work described in this Contract. i. Contractor to the fullest extent permitted by law, shall indemnify and hold harmless Customer, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of Contractor, any subcontractor employed directly by Contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except to the extent those injuries or damages arise out of the negligence or willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. Customer may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If Customer chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, Contractor shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. 7. Customer's Duties: a. Customer will pay Contractor by the fifteenth (15th) working day of each month, after submission of invoice for services of $62.25 for each hour associated with the "Downtown Lodi Cleaning" work outlined in this Contract. Effective January 1, 2019 the hourly rate per hour of service will increase to $67.45. b. Customer will provide all Contractor crewmembers with supplies and equipment sufficient to perform the work outlined in this Contract. c. Customer will assist the Contractor crewmembers in locating and centralizing tools and equipment specific to the Contract on an as needed basis. d. To the greatest extent permitted by law, Customer will maintain the confidentiality of all personal and medical records and transactions specific to the Contractor's employees. e. Customer will indemnify and hold harmless the State of California, its officers, agents and employees from any and all claims and losses occurring or resulting to any persons, firm or corporation that may be injured or damaged by the Contractor in the performance of this contract. This indemnity shall not apply to on the job injuries caused by the Contractor's workers' compensation injuries incurred by the Contractor's crewmembers. 8. Contractor's Status. Contractor acknowledges and agrees that it, and its employees, in the performance of this Contract, are acting in an independent capacity and not as officers or employees of the State of California. 9. Miscellaneous Provisions. a. All notices, consents, requests, demands, and other communications required or permitted under this Contract shall be in writing and shall conclusively be deemed effective: (1) on personal delivery, (2) on confirmed delivery by courier service, (3) on the first business day after transmission if sent by confirmed facsimile transmission or email, or (4) three (3) calendar days after deposit in the United States mail, by first class mail, postage prepaid, addressed to the party to be notified as set forth below: 2 b. Contractor acknowledges and agrees that it, and its employees, in the performance of this Contract, are acting in an independent capacity and not as officers or employees of the State of California. c. This Contract may be supplemented, amended, or modified only by a writing signed by both parties. d. Unless the context clearly requires otherwise, (a) usage of plural and singular forms of words are each deemed to include the other; (b) the masculine, feminine, and neuter genders are each deemed to include the others; (c) the words "shall," "will," or "agrees" are mandatory, and "may" is permissive; (d) "or" is not exclusive; and (e) "includes" and "including" are not limiting. e. This Contract constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Contract and supersedes all other prior or contemporaneous oral or written understandings and agreements of the parties. No party has been induced to enter into this Contract by, nor is any party relying on, any representation or warranty except those expressly set forth in this Contract. f. If a court or an arbitrator of competent jurisdiction holds any provision of this Contract to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining provisions of this Contract shall not be affected. UNITED CEREBRAL PALSY ASSOCIATION OF SAN JOAQUIN, CALAVERAS, AMADOR COUNTIES, a California non-profit corporation By: Name: Title: CITY OF LODI, a municipal corporation Date STEPHEN SCHWABAUER Date City Manager ATTEST: JENNIFER M. FERRAIOLO City Clerk APPROVED AS TO FORM: JANICE D. MAGDItH City Attorney 3 Contract for "Transit Facility Cleaning " 1. Introduction. This Contract for "Transit Facility Cleaning" ("Contract) is made and entered into on July 1, 2018 between the United Cerebral Palsy Association of San Joaquin, Amador, and Calaveras Counties, a California non-profit corporation ("Contractor") and the City of Lodi, a California municipal corporation ("Customer"). 2. Background. The services for "Transit Facility Cleaning" outlined in this Contract 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 California because 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 "Downtown Lodi Cleaning" will be met as well as the needs of the disabled worker. 3. Term: The term of this Contract will be for one (1) year, beginning July 1, 2018. The Contract will be automatically renewed for succeeding terms of one (1) year each, unless at least thirty (30) calendar days before expiration of any term, either party gives written notice to the other of its intention not to renew this Contract. 4. Early Termination. This Contract may be terminated by either party at any time, at will, with or without cause, for any or no reason, by giving written notice to the other party at least thirty (30) calendar days before the termination is to be effective. 5. Description of the Cleaning Service. In exchange for the consideration set forth in this Contract, Contractor agrees to perform the following cleaning services on a rotating basis to various transit facilities owned by Customer during the hours of 7:00 a.m. — 11:00 a.m., Monday — Friday (except holidays): a. Clean and collect trash from the bus stops shown on Exhibit "A" attached hereto. b. Remove litter, weeds, and leaves. c. Emptying trash containers. d. Wash down spilled or leaked fluids in parking structures. 6. Contractors' Duties. a. Contractor will provide staff to make up one (1) crew of up to four (4) crewmembers, to perform cleaning services to facilities owned by Customer, including, without limitation, the Lodi Train Station, the Lodi Station Parking Structure, and the Grapeline bus shelters, as outlined in this Contract. Contractor will assign one (1) supervisor/job coach to each crew 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. b. Contractor will train, supervise, schedule and oversee all crewmembers at no cost to the Customer. Contractor agrees to provide the trainer(s)/supervisor(s) to the Customer at no additional charge to the Customer. The trainer(s)/supervisor(s) will remain on-site, in the immediate work area while crewmembers are present. The Contractor has the sole responsibility of all workers' compensation and wages paid to each crewmember and staff assigned to the work site. c. The Contractor and not the Customer, will pay all crewmember wages; all personnel costs and liabilities (e.g., workers' compensation, unemployment insurance, state and federal taxes as well as any reimbursement costs), associated with the "Transit Facility Cleaning" services rendered pursuant to this Contract. d. Contractor will submit to Customer on a monthly basis tracking documents and an invoice for all work performed. e. Contractor will use reasonable care in the use of all equipment and supplies provided by Customer pursuant to the terms of this Contract. If Contractor damages any property due to negligence, or causes harm to persons through negligence, Contractor will be responsible for all liabilities resulting therefrom including repairing or replacing Customer's property. 1 f. Contractor will comply with the health and safety regulations established by OSHA, the State of California, and Customer while performing the work outlined in this Contract. g. Contractor shall obtain and maintain during the term of this Contract insurance coverage as set forth in Exhibit "B" attached hereto. h. Contractor will obtain a City of Lodi business license prior to performing the work described in this Contract. i. Contractor to the fullest extent permitted by law, shall indemnify and hold harmless Customer, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of Contractor, any subcontractor employed directly by Contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except to the extent those injuries or damages arise out of the negligence or willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. Customer may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If Customer chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, Contractor shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. 7. Customer's Duties: a. Customer will pay Contractor by the fifteenth (15th) working day of each month, after submission of invoice for services of $61.60 for each hour associated with the "Transit Facility Cleaning" work described in this Contract. Effective January 1, 2019 the hourly rate per hour of service will increase to $65.50. b. Customer will provide all Contractor crewmembers with supplies and equipment sufficient to perform the work outlined in this Contract. c. Customer will assist the Contractor crewmembers in locating and centralizing tools and equipment specific to the Contract on an as needed basis. d. To the greatest extent permitted by law, Customer will maintain the confidentiality of all personal and medical records and transactions specific to the Contractor's employees. e. Customer will indemnify and hold harmless the State of California, its officers, agents and employees from any and all claims and losses occurring or resulting to any persons, firm or corporation that may be injured or damaged by the Contractor in the performance of this contract. This indemnity shall not apply to on the job injuries caused by the Contractor's workers' compensation injuries incurred by the Contractor's crewmembers. 8. Miscellaneous Provisions. a. All notices, consents, requests, demands, and other communications required or permitted under this Contract shall be in writing and shall conclusively be deemed effective: (1) on personal delivery, (2) on confirmed delivery by courier service, (3) on the first business day after transmission if sent by confirmed facsimile transmission or email, or (4) three (3) calendar days after deposit in the United States mail, by first class mail, postage prepaid, addressed to the party to be notified as set forth below: 2 b. Contractor acknowledges and agrees that it, and its employees, in the performance of this Contract, are acting in an independent capacity and not as officers or employees of the State of California. c. This Contract may be supplemented, amended, or modified only by a writing signed by both parties. d. Unless the context clearly requires otherwise, (a) usage of plural and singular forms of words are each deemed to include the other; (b) the masculine, feminine, and neuter genders are each deemed to include the others; (c) the words "shall," "will," or "agrees" are mandatory, and "may" is permissive; (d) "or" is not exclusive; and (e) "includes" and "including" are not limiting. e. This Contract constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Contract and supersedes all other prior or contemporaneous oral or written understandings and agreements of the parties. No party has been induced to enter into this Contract by, nor is any party relying on, any representation or warranty except those expressly set forth in this Contract. f. If a court or an arbitrator of competent jurisdiction holds any provision of this Contract to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining provisions of this Contract shall not be affected. UNITED CEREBRAL PALSY ASSOCIATION OF SAN JOAQUIN, CALAVERAS, AMADOR COUNTIES, a California non-profit corporation By: Name Title: CITY OF LODI, a municipal corporation Date STEPHEN SCHWABAUER Date City Manager ATTEST: JENNIFER M. FERRAIOLO City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH .' City Attorney 3 Contract for "Landscape Maintenance " 1. Introduction. This Contract for "Landscape Maintenance" ("Contract") is made and entered into on July 1, 2018 between the United Cerebral Palsy Association of San Joaquin, Amador, and Calaveras Counties, a California non-profit corporation ("Contractor') and the City of Lodi, a California municipal corporation ("Customer'). 2. Background. The services for "Landscape Maintenance" outlined in this Contract 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 California because 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 "Downtown Lodi Cleaning" will be met as well as the needs of the disabled worker. 3. Term: The term of this Contract will be for one (1) year, beginning July 1, 2018. The Contract will be automatically renewed for succeeding terms of one (1) year each, unless at least thirty (30) calendar days before expiration of any term, either party gives written notice to the other of its intention not to renew this Contract. 4. Early Termination. This Contract may be terminated by either party at any time, at will, with or without cause, for any or no reason, by giving written notice to the other party at least thirty (30) calendar days before the termination is to be effective. 5. Description of the Landscape Maintenance Services. In exchange for the consideration set forth in this Contract, Contractor agrees to perform the following landscape maintenance services on a rotating basis to the Hutchins Street Square area during the hours of 7:00 a.m. — 11:00 a.m., Monday — Friday (except holidays): a. Edge grass around utility boxes, sprinkler heads, etc. b. Use one or more commercial yard blowers to remove grass clippings, leaves, and other small landscape debris from walkways. c. Weed flowerbeds. d. Clip hedges and bushes. e. Prune trees. 6. Contractors' Duties. a. Contractor will provide staff to make up one (1) crew of up to four (4) crewmembers, to perform landscape maintenance services to the Hutchins Street Square in the City of Lodi area as outlined in this Contract. Contractor will assign one (1) supervisor/job coach to each crew 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. b. Contractor will train, supervise, schedule and oversee all crewmembers at no cost to the Customer. Contractor agrees to provide the trainer(s)/supervisor(s) to the Customer at no additional charge to the Customer. The trainer(s)/supervisor(s) will remain on-site, in the immediate work area while crewmembers are present. The Contractor has the sole responsibility of all workers' compensation and wages paid to each crewmember and staff assigned to the work site. c. The Contractor and not the Customer, will pay all crewmember wages; all personnel costs and liabilities (e.g., workers' compensation, unemployment insurance, state and federal taxes as well as any reimbursement costs), associated with the "Landscape Maintenance" services rendered pursuant to this Contract. d. Contractor will submit to Customer on a monthly basis tracking documents and an invoice for all work performed. e. Contractor will use reasonable care in the use of all equipment and supplies provided by Customer pursuant to the terms of this Contract. If Contractor damages any property due to negligence, or causes harm to persons through negligence, Contractor will be responsible for all liabilities resulting therefrom including repairing or replacing Customer's property. 1 f. Contractor will comply with the health and safety regulations established by OSHA, the State of California, and Customer while performing the work outlined in this Contract. g. Contractor shall obtain and maintain during the term of this Contract insurance coverage as set forth in Exhibit "B" attached hereto. h. Contractor will obtain a City of Lodi business license prior to performing the work described in this Contract. i. Contractor to the fullest extent permitted by law, shall indemnify and hold harmless Customer, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of Contractor, any subcontractor employed directly by Contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except to the extent those injuries or damages arise out of the negligence or willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. Customer may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If Customer chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, Contractor shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. 7. Customer's Duties: a. Customer will pay Contractor by the fifteenth (15th) working day of each month, after submission of invoice for services of $58.52 for each hour associated with the "Landscape Maintenance" work described in this Contract. Effective January 1, 2019 the hourly rate per hour of service will increase to $66.32. b. Customer will provide all Contractor crewmembers with supplies and equipment sufficient to perform the work outlined in this Contract. c. Customer will assist the Contractor crewmembers in locating and centralizing tools and equipment specific to the Contract on an as needed basis. d. To the greatest extent permitted by law, Customer will maintain the confidentiality of all personal and medical records and transactions specific to the Contractor's employees. e. Customer will indemnify and hold harmless the State of California, its officers, agents and employees from any and all claims and losses occurring or resulting to any persons, firm or corporation that may be injured or damaged by the Contractor in the performance of this contract. This indemnity shall not apply to on the job injuries caused by the Contractor's workers' compensation injuries incurred by the Contractor's crewmembers. 8. Miscellaneous Provisions. a. All notices, consents, requests, demands, and other communications required or permitted under this Contract shall be in writing and shall conclusively be deemed effective: (1) on personal delivery, (2) on confirmed delivery by courier service, (3) on the first business day after transmission if sent by confirmed facsimile transmission or email, or (4) three (3) calendar days after deposit in the United States mail, by first class mail, postage prepaid, addressed to the party to be notified as set forth below: 2 b. Contractor acknowledges and agrees that it, and its employees, in the performance of this Contract, are acting in an independent capacity and not as officers or employees of the State of California. c. This Contract may be supplemented, amended, or modified only by a writing signed by both parties. d. Unless the context clearly requires otherwise, (a) usage of plural and singular forms of words are each deemed to include the other; (b) the masculine, feminine, and neuter genders are each deemed to include the others; (c) the words "shall," "will," or "agrees" are mandatory, and "may" is permissive; (d) "or" is not exclusive; and (e) "includes" and "including" are not limiting. e. This Contract constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Contract and supersedes all other prior or contemporaneous oral or written understandings and agreements of the parties. No party has been induced to enter into this Contract by, nor is any party relying on, any representation or warranty except those expressly set forth in this Contract. f. If a court or an arbitrator of competent jurisdiction holds any provision of this Contract to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining provisions of this Contract shall not be affected. UNITED CEREBRAL PALSY ASSOCIATION OF SAN JOAQUIN, CALAVERAS, AMADOR COUNTIES, a California non-profit corporation By: Name: Title: CITY OF LODI, a municipal corporation Date STEPHEN SCHWABAUER Date City Manager ATTEST JENNIFER M. FERRAIOLO City Clerk APPROVED AS TO FORM: JANICE D. MAG I H City Attorney 3 RESOLUTION NO. 2018-118 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR FISCAL YEAR 2018/19 WITH UNITED CEREBRAL PALSY OF SAN JOAQUIN, AMADOR, AND CALAVERAS COUNTIES, OF STOCKTON, FOR DOWNTOWN CLEANING, TRANSIT FACILITY CLEANING, AND HUTCHINS STREET SQUARE LANDSCAPE MAINTENANCE WHEREAS, staff is proposing to contract with United Cerebral Palsy for downtown cleaning, transit facility cleaning, and Hutchins Street Square landscape maintenance; and WHEREAS, the downtown cleaning addresses street furniture, trash, litter, spills, and leaf removal; the transit facility cleaning addresses the grounds surrounding Lodi Transit Station, the Lodi Transit Station Parking Structure, and sheltered bus stops; and work at Hutchins Street Square includes weekly landscape maintenance, such as weeding, shrub trimming, and debris removal; and WHEREAS, the program includes transportation and direct supervision for the crew at the following hourly rates: *Rates reflect the State Minimum Wage increase effective January 1, 2019. WHEREAS, per Lodi Municipal Code Section 3.20.070, Bidding, the bidding process may be dispensed when the City Council determines that the purchase or method of purchase is in the best interests of the City; and WHEREAS, staff recommends authorizing the City Manager to execute contracts for Fiscal Year 2018/19 with United Cerebral Palsy of San Joaquin, Amador, and Calaveras Counties, of Stockton, for downtown cleaning in the amount of $64,352, transit facility cleaning in the amount of $51,234, and Hutchins Street Square landscape maintenance in the amount of $20,879; and WHEREAS, staff also recommends waiving the method of receiving competitive bids since it is advantageous for the City to receive this service at a very competitive price. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby waive the method of receiving competitive bids since it is advantageous for the City to receive this service at a very competitive price; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute contracts for Fiscal Year 2018/19 with United Cerebral Palsy of San Joaquin, Amador, and Calaveras Counties, of Stockton, for downtown cleaning in the amount of $64,352, transit facility cleaning in the amount of $51,234, and Hutchins Street Square landscape maintenance in the amount of $20,879. Dated: June 20, 2018 2018 2019* Downtown Cleaning $62.25 $67.45 Transit Facility Cleaning $61.60 $65.50 Hutchins Street Square Landscape $61.12 $66.32 *Rates reflect the State Minimum Wage increase effective January 1, 2019. WHEREAS, per Lodi Municipal Code Section 3.20.070, Bidding, the bidding process may be dispensed when the City Council determines that the purchase or method of purchase is in the best interests of the City; and WHEREAS, staff recommends authorizing the City Manager to execute contracts for Fiscal Year 2018/19 with United Cerebral Palsy of San Joaquin, Amador, and Calaveras Counties, of Stockton, for downtown cleaning in the amount of $64,352, transit facility cleaning in the amount of $51,234, and Hutchins Street Square landscape maintenance in the amount of $20,879; and WHEREAS, staff also recommends waiving the method of receiving competitive bids since it is advantageous for the City to receive this service at a very competitive price. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby waive the method of receiving competitive bids since it is advantageous for the City to receive this service at a very competitive price; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute contracts for Fiscal Year 2018/19 with United Cerebral Palsy of San Joaquin, Amador, and Calaveras Counties, of Stockton, for downtown cleaning in the amount of $64,352, transit facility cleaning in the amount of $51,234, and Hutchins Street Square landscape maintenance in the amount of $20,879. Dated: June 20, 2018 I hereby certify that Resolution No. 2018-118 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 20, 2018 by the following vote: AYES: COUNCIL MEMBERS - Johnson, Kuehne, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Chandler ABSTAIN: COUNCIL MEMBERS - None 2018-118 2-1() r-Uv\-kA,4 NIFER FERRAIOLO ity Clerk