HomeMy WebLinkAboutAgenda Report - July 30, 2019 E-01em
AGENDA ITEM am
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to
Services Agreement with Lodi Unified School District to Provide After -School
Staffing and Support Services for the Bridge Program at Lodi and Millswood Middle
Schools During Fiscal Year 2019/20 and Appropriating Funds ($119,757.79)
MEETING DATE: July 30, 2019
PREPARED BY: Parks, Recreation and Cultural Services Director
RECOMMENDED ACTION: Adopt resolution authorizing the City Manager to execute
Amendment No. 1 to Services Agreement with Lodi Unified School
District to provide after-school staffing and support services for the
Bridge Program at Lodi and Millswood middle schools during Fiscal Year 2019/20 and appropriating
funds in the amount of $119,757.79.
BACKGROUND INFORMATION Lodi Unified School District (LUSD) 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 LUSD's Bridge Program.
The California Department of Education grant, funded by Proposition 49 (2002), requires a recreational
component for students at participating sites. LUSD has contracted with Parks, Recreation and Cultural
Services (PRCS) to provide staffing for this service for the past 12 years, and the existing two-year
agreement continues through Fiscal Year 2019/20 at 10 elementary sites.
Now, LUSD is requesting that PRCS expand staffing to the Bridge Program at Lodi and Millswood middle
schools in Fiscal Year 2019/20, and has agreed to pay PRCS $119,757.79 for staffing services, materials
and supplies. PRCS would replace another nonprofit at these sites, increasing the overall revenue to
$593,265.60 for 12 locations. PRCS requests the Council approve the attached resolution.
FISCAL IMPACT: PRCS costs are covered under the terms of the contract.
FUNDING AVAILABLE: Per attached agreement with Lodi Unified School District. Appropriate
$115,760 in 20073103.71003, $4,000 in 20073103.72355.
Andrew Keys
Deputy City Manager/Internal Services Director
JH:tl
cc: City Attorney
(/�jx
Jeff
Par , Recrea�icn', and Cultural Services Director
AMENDMENT NO. 1
LODI UNIFIED SCHOOL DISTRICT
SERVICES AGREEMENT
THIS AMENDMENT NO. 1 TO SERVICES AGREEMENT, is made and entered this day
of 2019, by and between the CITY OF LODI, a municipal corporation (hereinafter
"CITY"), and, LODI UNIFIED SCHOOL DISTRICT (hereinafter "DISTRICT").
WITNESSETH:
1. WHEREAS, DISTRICT and CITY entered into a Services Agreement effective July 27, 2018
("Agreement'), as set forth in Exhibit 1, attached hereto and made part of; and
2. WHEREAS, DISTRICT requests to amend the Agreement by having the CITY, through the
Parks, Recreation and Cultural Services Department, provide after school staffing and support
services to Lodi Middle School and Millswood Middle School, in addition to the schools listed
in Exhibit 1, effective July 26, 2019 through June 1, 2020; and
3. WHEREAS, DISTRICT agrees to pay CITY a not -to -exceed amount of $593,265.60 for
support services specified in Item 2 above; and
4. WHEREAS, DISTRICT agrees to said amendment.
NOW, THEREFORE, the parties agree to amend the Agreement as set forth above. All other
terms and conditions of the Agreement remain unchanged.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on
the date and year first above written.
CITY OF LODI, a municipal corporation,
hereinabove called "CITY"
STEPHEN SCHWABAUER
City Manager
Attest:
JENNIFER M. FERRAIOLO, City Clerk
Approved as to Form:
JANICE D. MAGDICH, City Attorney.
1
LODI UNIFIED SCHOOL DISTRI
hereinabove called "DISTRICT"
LEONARD KAHN
Title: Chief Business
p
Exhibit 1
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
. ' . r ' r rn- jVjroiLQL its Rai*s. Rarreation.n it r Serviree 1 zr rtr rent hereinafter
called the Contractor, Independent Contractor shall provide the following services:
h*nrAl-C?rSchaf2l s4g1fiag and S eyjJorr Services Cr) be provided Lo Beckniml, Vlc•t2r,i�nr_rltg�.{_t1�,. Hotdtpn, �E�r+.4hirrdtr+rr.
Needham. Heritage, INaodbridrde. Nichals. and I.awrence}ilementarwSchools.
The services shall begin on fuly 27.2018 and be completed by Tune 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:
228.4qg-81 Nine Hundl,ed Twenly Eight'rhmisand. Four thindred Eft Lightaild
1111100 [2011al .L' ..... ................................................................................................................................
03 � 11) PY Not to exerell S455,LoIic Dollars......... =U
[9/10 FY Not h+ v 4 73 7 u+ . Hanch, A l Seanb!'Threg 1houNand-FIve Mindred Sgiven3 r.K
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 parry 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.
r
Independent Contractor:
Signature: Signature: _
Leonard Kays-fi
Date
Chief BIISIncer Date:
Address: 20_ LV__ElmSt.
e
Phone:_ _2Q2.3.3 33 F742
Email: `� r b`2, � �i-[��� 4lr+
V
Please refer to Purchase Order for full Terms and Conditions Rev. 10-12
�r �,� r,�6 n. �•� c Approved as tq N'rm � 'f
lw� h�..� -�i�� h•ws�
f 0 11 Ald0t +t¢y
TERMS AND CONDITIONS
1 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 specificatlons as
included herein. In the event articles or services are defective or not in conformlty with this order, the School District shall have the right elthsr to
reject the items or require correction. Defective articles or services shall be removed from the School District premises and/or 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. VAKATI_ON S -QUANTITIES No variation In the quality or quantity of any item called for by this purchase order shell 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. L isEnet sh*II-notbe respoaeible-(wany- by reason 4LUz"e;-�^.. V W 14e*ac11an•okoe
Vendor's officers, 29eptemployees, 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 nr damaggLprop" sustained by any other person or persons which may have been caused or contributed to,
approximately or remotely, by reason of cr in`-,--Gurse Rf parfafmance of this purchase order. The Vendor shall assume full responsibility for the
defense of any claim arising under this purchase order and I}ieVendor. shall save, keep, and bear harmle a School District, all officers and
employees thereof, from all damages, costs, or expenses, in law or In equity 6ddau"-of. arsenal Inju damage or alleged or
ac aats�asedea Ifsaarrfr,�uaancwcff-his-purse vrNer-��al
16r
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 concerning questions of fact which may arise under this purchase order, and not disposed of by mutual consent, shall be
decided by the School DlsbictAgent
RESOLUTION NO. 2019-148
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO SERVICES
AGREEMENT WITH LODI UNIFIED SCHOOL DISTRICT TO
PROVIDE AFTER-SCHOOL STAFFING AND SUPPORT SERVICES
FOR THE BRIDGE PROGRAM AT LODI MIDDLE SCHOOL AND
MILLSWOOD MIDDLE SCHOOL DURING FISCAL YEAR 2019/20;
AND FURTHER APPROPRIATING FUNDS
WHEREAS, Lodi Unified School District (LUSD) is the recipient of a State of California
After School Education and Safety (ASES) Program grant, which provides funds for after-
school enrichment for K-8 students participating in LUSD's Bridge Program; and
WHEREAS, LUSD has contracted with Parks, Recreation and Cultural Services (PRCS)
to provide staffing for this service for the past 12 years, and the existing two-year agreement
continues through Fiscal Year 2019/20 at 10 elementary sites; and
WHEREAS, LUSD now requests that PRCS expand staffing to the Bridge Program at
Lodi and Millswood middle schools in Fiscal Year 2019/20, and has agreed to pay PRCS an
additional $119,757.79 for staffing services, materials and supplies; and
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute Amendment No. 1 to the Services Agreement with Lodi
Unified School District to provide after-school staffing and support services at Lodi Middle
School and Millswood Middle School; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby appropriate
$115,760 in Account No. 20073103.71003 and $4,000 in Account No. 20073103.72355, and
increase projected revenue in Account No. 20073103.57303 to a total of $593,270 for Fiscal
Year 2019/20.
Dated: July 30, 2019
-------------------
-------------------
I hereby certify that Resolution No. 2019-148 was passed and adopted by the City
Council of the City of Lodi in a special meeting held July 30, 2019, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
r
J �NIFER ERRAIOLO
City Clerk
2019-148