HomeMy WebLinkAboutAgenda Report - August 18, 2021 C-22AGENDA ITEM (2,o22
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Approving Contract with Lodi Unified School District to Provide
After -School Staff Support for the Bridge Program at Twelve Locations During
Fiscal Year 2021/2022 ($551,786)
MEETING DATE: August 18, 2021
PREPARED BY: 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 12
locations during Fiscal Year 2021/2022 in the amount of $551,786.
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 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. LUSD has contracted with the City (sub -recipient) to
provide these services for the past 13 years, and has negotiated an agreement for the Parks, Recreation
and Cultural Services Department (PRCS) to do so again in Fiscal Year 2021/22.
The 12 sites are Beckman, Borchardt, Heritage, Houston, Lawrence, Needham, Nichols, Victor,
Washington and Woodbridge elementary schools as well as Millswood and Lodi Middle schools. LUSD's
other elementary schools in Lodi do not qualify for this grant funding.
Aside from slight annual increases in employee costs (mandated increases) the contract terms are
unchanged from the previous year.
The revenue and expenses related to this program were included in the FY 2021/2022 Council adopted
budget (June 2).
FISCAL IMPACT:
FUNDING AVAILABLE
cJ:U
cc: City Clerk
Attachment (1)
PRCS costs are covered under the terms of the contract.
Per agreement with Lodi Unified School District and FY 2021/22
budget.
C ristina Jarb ay
D rector Parks, Recreation and Cultural Services
....* 9 - - W t4-1
C-22 BLUE SHEET
Lodir
SERVICES AGREEMENT
Business Services
This agreement is entered into between Lodi Unified School District, hereinafter called the "District", and
City of Lodi P.R. & C.S.
shall provide the following services:
hereinafter called the "Contractor". Contractor
After school enrichment services provided to Beckman, Borchardt, Houston, Victor,
Washington, Needham, Lawrence, Heritage, Nichols, Woodbridge, Millswood, and Lodi
Middle Schools.
A. Term of the Agreement / Effective Date of Agreement
The term of this Agreement shall be _ 07/30/2021 , through 06/3012022 — ("Term"). The Parties have
no obligation to renew this Agreement after the expiration of this Term.
B. Compensation
District agrees to pay Contractor fees at the rate of $[ ] per [ .] for Services satisfactorily
performed. Contractor shall not increase the rate over the course of this Agreement. Total fees ("the Fee") paid
by District to Contractor shall not exceed $f 551,786.00 ], Any work performed by Contractor in excess of the
Fee shall not be compensated. District agrees to pay the Fee, up to the maximum amount provided herein, within
sixty (60) days of receipt of a detailed invoice from Contractor, including any additional supporting documentation
District reasonably requests.
C. Notice to Parties
Unless otherwise specified, all notices to be given by the Parties hereto shall be in writing and served by
depositing the same in the United States Post Office, postage prepaid and registered, as follows:
To District: Lodi Unified School District
ATTN: Leonard Kahn
1305 E. Vine Street
Lodi, CA 95240
To Contractor: City of Lodi P.R. & C.S,
ATTN: — -
310 W. Elm Street
Lodl, CA 95240
D. Responsibility of Equipment
Contractor at its sole cost and expense shall provide and furnish all tools, labor, materials, equipment,
transportation services and any other items (collectively, "Equipment") which are required or necessary to
perform the Services in a manner which is consistent with generally accepted standards of the profession for
similar services. Notwithstanding the foregoing, District shall not be responsible for any damages to persons or
property as a result of the use, misuse or failure of any Equipment used by Contractor or the Contractor Parties,
even if such Equipment is furnished, rented or loaned to Contractor or the Contractor Parties by District.
Furthermore, District may reject any Equipment or workmanship that does not conform to the requirements of
this Agreement and Contractor must then promptly remedy or replace it at no additional cost to District and
subject to District's reasonable satisfaction.
E. Contractor Qualifications
Contractor represents and warrants to District that Contractor, and all of Contractor's employees, agents or
volunteers (the "Contractor Parties"), have in effect and shall maintain in full force throughout the Term of this
Agreement all licenses, credentials, permits and any other qualifications required by law to perform the Services
and to fully and faithfully satisfy all of the terms set forth in this Agreement. Contractor and any Contractor
Parties performing services shall be competent to perform those services.
F. Employment Relationship/Contactor Responsibilities
Contractor shall be deemed at all times to be an independent contractor of the District; Contractor and its agents
or employees are not employees of the District. Contractor shall be wholly responsible for the manner in which it
performs the services required of It under this Agreement. Nothing contained In this Agreement shall be
construed as creating an employment or agency relationship between the District, and the Contractor or its
agents and employees.
Contractor shall complete and file with District a W-9 form.
G. Insurance
Contractor shall provide all insurance as provided in Exhibit A, attached hereto.
H. Indemnification
1. Contractor shall indemnify and hold harmless District, District's Board and its Trustees, and
District's officers, employees, authorized volunteers, and agents, from and shall defend them
against all liabilities, obligations, losses, damages, judgments, costs or expenses (including legal
fees and costs of investigation - collectively "Losses") arising from, in connection with or caused
by:
a. Personal injury or property damage caused directly or indirectly, by any act or omission of
the Contractor; or
b. Any infringement of patent, copyright, trademark, trade secret or other proprietary right
caused by Contractor.
Notwithstanding the foregoing, Contractor shall have no obligation under this section with
respect to any Loss that is caused solely by the active negligence or willful misconduct of the
District and is not contributed to by any act or omission (including any failure to perform any duty
imposed by law) by Contractor, its agent or employee.
I. Liability of District
District's payment obligations under this Agreement shall be limited to the payment provided for in section B,
entitled "Compensation," of this Agreement, District shall not be liable for any special, consequential, indirect or
incidental damages, including but not limited to, lost profits in connection with this Agreement.
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J. Taxes
All payments made by District to Contractor pursuant to this Agreement shall be reported to the applicable
federal and state taxing authorities as required. District will not withhold any money from fees payable to
Contractor, including FICA (social security), state or federal unemployment Insurance contributions, or state or
federal income tax or disability insurance. Contractor shall assume full responsibility for payment of all federal,
state and local taxes or contributions, including unemployment insurance, social security and income taxes with
respect to Contractor and the Contractor Parties and otherwise in connection with this Agreement.
K. Early Termination/Default
Either party may terminate this Agreement at any time by giving thirty (30) days advance written notice to the
other party, however the parties may agree in writing to a shorter notice period. Notwithstanding the foregoing,
District may terminate this Agreement at anytime by giving written notice to Contractor if Contractor materially
breaches any of the terms of this Agreement, any act or omission of Contractor or the Contractor Parties exposes
District to potential liability or may cause an increase in District's insurance premiums, Contractor is adjudged a
bankrupt, Contractor makes a general assignment for the benefit of creditors or a receiver is appointed because
of Contractor's insolvency. Such termination shall be effective immediately upon Contractor's receipt of the
notice.
L. Proprietary and Confidential Information
Contractor understands and agrees that, in connection with this Agreement, Contractor may have access to
private or confidential information which may be owned or controlled by District and that such information may
contain proprietary details, the disclosure of which to third parties will be damaging to District, its employees, or
students. The Contractor also understands and agrees that the disclosure of such information may violate state
and/or federal law and may subject Contractor to civil liability. Consequently, Contractor agrees that all
information disclosed by District to the Contractor shall be held in strict confidence and used only in performance
of the Agreement, unless disclosure is required bylaw or court order. Contractor shall exercise the same
standard of care to protect such information as is used to protect its own proprietary data.
Contractor shall maintain the confidentiality of and protect from unauthorized disclosure any and all individual
student information received from the District or Student, including but not limited to student names and other
identifying information. Contractor shall not use such student information for any purpose other than carrying
out the obligations under this Agreement. Upon termination of this Agreement, Contractor shall turn over to
District all notes, documents evidencing student behavior, and all other educational records related to the
services provided to any Student pursuant to this Agreement.
M. Audit and Inspection of Records
Contractor agrees to maintain and make available to District accurate books and accounting records relative to its
activities under this Agreement. Contractor will permit District to audit, examine and make excerpts and
transcripts from such books and records, and to make audits of all invoices and other data related to all other
matters covered by this Agreement, whether funded in whole or in part under this Agreement. Contractor shall
maintain such data and records in an accessible location and condition for a period of not less than three years
after a final payment under this Agreement or until after final audit has been completed, whichever is later,
N. Subcontracting/Assignment
Contractor is prohibited from subcontracting or assigning this Agreement or any services provided pursuant to
this Agreement.
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O. Non -Discrimination
Contractor agrees that it shall not discriminate on the basis of sex, race, religious creed, national origin, age,
marital status, sexual orientation, gender, AIDS/ARC/HIV status, or disability, in its performance under this
Agreement.
P. Criminal Background Checks
1. Contractor shall comply with the requirements of California Education Code section 45125.1,
which requires criminal background checks for anyone who is going to have contact with
Students, in the opinion of District. Criminal background checks may include, but are not limited
to: obtaining clearance from both the California Department of Justice and from the Federal
Bureau of Investigation for Contractor's employees, prior to service with any Student.
2. Contractor shall be responsible for the costs of the Fingerprinting clearances.
3. Contractor agrees to comply with the requirements and reporting obligations contained in the
California Child Abuse and Neglect Reporting Act, California Penal Code sections 11164-11174.3
and to obtain appropriate training to ensure compliance.
4. Contractor further agrees and acknowledges that if at any time during the Term of this
Agreement Contractor learns or becomes aware of additional information which differs in any
way from the representations set forth above, or Contractor or Contractor Parties add personnel,
Contractor shall immediately notify District and prohibit any new personnel from having any
contact with District students until the fingerprinting and background check requirements have
been satisfied and District determines whether any contact is permissible,
Q. Tuberculosis Certification
1. The Contractor agrees that all employees, agents or volunteers whose functions require contact
with students to complete tuberculosis testing as described in California Education Code section
49406. The examination shall consist of an approved intradermal tuberculin test, which, if
positive, shall be followed by an x-ray of the lungs. Thereafter, the Contractor shall complete a TB
test every 4 years if the Contractor is still rendering services to District.
2. The Contractor shall be responsible for the costs of the examination.
R. Modification of Agreement
The Parties may amend this Agreement in writing by mutual consent. Changes, including any increase or decrease
in the amount of the Contractor's compensation, shall only be effective upon proper approval from the District
and execution of a duly authorized written amendment to this Agreement,
S. Agreement Interpretation/Administrative Remedy
The District's Superintendent is the authorized representative of the District in the interpretation and
enforcement of all work performed in connection with this Agreement.
Should any question arise as to the meaning and intent of this Agreement, the matter shall, prior to any action or
resort to any other legal remedy, be referred to District's Superintendent who shall decide the true meaning and
intent of the Agreement.
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T. Compliance with Americans with Disabilities Act
The Contractor acknowledges that, pursuant to the Americans Disabilities Act ("ADA"), programs, services and
other activities provided by a public entity to the public, whether directly or through a contractor, must be
accessible to the disabled public. The Contractor shall provide the services specified in this Agreement in a
manner that complies with the ADA and any and all other applicable federal, state and local disability rights
legislation. Contractor agrees not to discriminate against disabled persons in the provision of services, benefits or
activities provided under this Agreement and further agree that any violation of this prohibition on the part of the
Contractor, its employees, agents or assigns will constitute a material breach of this Agreement.
U. Compliance with Laws
The Contractor shall keep itself fully informed of the applicable state and federal law affecting the performance of
this Agreement, and shall at all times comply with such laws as they may be amended from time to time. The
Contractor must have and maintain all current licenses and qualifications as required by law to perform work as
indicated in this Agreement. This requirement includes, but is not limited to, the completion and retention of the
attached Drug -Free Workplace Certification and Independent Contractor Student Contact Form.
V. Governing Law; Venue
This Agreement shall be governed by the laws of the State of California. The venue for all litigation relative to this
Agreement shall be the County of San Joaquin, State of California.
W. Section Headings
The section headings contained herein are for convenience in reference and are not intended to define the scope
of any provision of this Agreement.
X. Entire Agreement
This Agreement contains the entire Agreement between the Parties and supersedes all other oral or written
provisions.
Y. Board Approval/Ratification
The effectiveness of this Agreement and any amendment hereto is contingent upon approval or ratification by the
District's Governing Board.
IN WITNESS WHEREOF the Parties hereto have executed this Agreement the year and date first above written
above.
LODI UNIFIED SCHOOL DISTRICT CONTRACTOR City of Lodi P.R, & C.S
By: — By:
(Signature) (Signature)
Name: Leonard Kahn Name:
Title: CBO
Title:
Approved as to Form:
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JANICE D. MAGDICH
City Attorney
ATTACHMENTS
INDEPENDENT CONTRACTOR STUDENT CONTACT FORM
Contractor Name: City of Lodi P.R. & C.S.
Supervisor/Foreman Name:
Start Date: 07/30/2021 Completion Date: 06/30/2022
Location of Work: See proposal Hours of work: 2:00pm to 6:00pm
Length of Time on Grounds: 4 hours
Number of Employees on the Job: 38 (12 rec specialists, 24 rec leaders, 2 coordinators)
Yes No Employees will have more than limited contact with students as determined by
District or if by Contractor, please explain:
After-school program staff - responsible for supervising students in small groups.
If yes, the following steps will be taken to ensure student safety (check):
A physical barrier will be installed at the worksite to limit contact with pupils.
❑ Employees will be continually monitored and supervised by an employee who
has not been convicted of a violent or serious felony.
Name of Supervising Employee:
Date of Department of Justice verification that supervising employee has not
been convicted of a violent or serious felony:
Name of employee who is the custodian of the Department of Justice
verification information:
District agrees: Employees will be surveilled by District's personnel.
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
Date: Signature:
Title: Print Name:
Note: This document must be executed and submitted with the Agreement
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DRUG-FREE WORKPLACE CERTIFICATION
This Drug -Free Workplace Certification is required pursuant to Government Code Sections 8350 et seq., the
Drug -Free Workplace Act of 1990. The Drug -Free Workplace Act of 1990 requires that every person or
organization awarded a contract or grant for the procurement of any property or services from any State agency
must certify that it will provide a drug-free workplace by doing certain specified acts. In addition, the Act provides
that each contract awarded by a State agency may be subject to suspension of payments or termination of the
contract, or both, and the contractor may be subject to debarment from future contracting if the state agency
determines that specified acts have occurred.
Pursuant to Government Code section 8355, every person or organization awarded a contract or grant from a
State agency shall certify that it will provide a drug-free workplace by doing all of the following:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation,
possession or use of a controlled substance is prohibited in the person's or organization's workplace and
specifying actions which will be taken against employees for violations of the prohibition;
(b) Establishing a drug-free awareness program to inform employees about all of the following:
(1) The dangers of drug abuse in the workplace;
(2) The person's or organization's policy of maintaining a drug-free workplace;
(3) The availability of drug counseling, rehabilitation and employee -assistance programs;
(4) The penalties that may be imposed upon employees for drug abuse Violations;
(c) Requiring that each employee engaged in the performance of the contract or grant be given a copy of the
statement required by subdivision (a) and that, as a condition of employment on the contract or grant, the
employee agrees to abide by the terms of the statement.
I, the undersigned, agree to fulfill the terms and requirements of Government Code Section 8355 listed above
and will publish a statement notifying employees concerning (a) the prohibition of controlled substance at the
workplace, (b) establishing a drug-free awareness program, and (c) requiring that each employee engaged in
the performance of the contract or grant be given a copy of the statement required by Section 8355(a) and
requiring that the employee agree to abide by the terms of that statement.
I also understand that if the Owner determines that I have either (a) made a false certification herein, or (b)
violated this certification by failing to carry out the requirements of Section 8355, that the contract or grant
awarded herein is subject to suspension of payments, termination, or both. I further understand that should I
violate the terms of the Drug -Free Workplace Act of 1990, 1 may be subject to debarment in accordance with the
requirements of Section 8350 et seq.
I acknowledge that I am aware of the provisions of Government Code Section 8350 et seq. and hereby certify that
I will adhere to the requirements of the Drug -Free Workplace Act of 1990.
Date: Signature:
Title: .. Print Name:
Note: This document must be executed and submitted with the Agreement
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EXHIBIT A
INSURANCE
Contractor, at its expense, shall procure and maintain for the duration of the contract, insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the performance of the
work hereunder by the Contractor, his agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability on an occurrence form. Liability deductible or Self -Insured Retention not to
exceed $5,000. Claims Made coverage will not be accepted. Coverage shall be at least as broad as ISO
form CG0001. Policy to include abuse and molestation coverage, however District may waive this
requirement if the Contractor work/services does not include any contact with students.
2. Automobile Liability including owned, non -owned, and hired automobiles. If insured by a Personal Auto
Policy, it must include a Business Use Endorsement, Auto Liability can be waived by District If Contractor
will not use an automobile for any phase of the work performed by this Contract.
3. Workers' Compensation Insurance as required by the State of California, with Statutory Limits, and
Employer's Liability Insurance with limit of $1,000,000 per Accident for Bodily Injury or Disease. Workers'
Compensation can be waived by District if no employees and Contractor qualifies as an independent
contractor.
4. Professional Liability / Errors & Omissions Liability / Malpractice / Educators Legal Liability insurance
appropriate to the Contractor's profession. Claims Made Coverage form is acceptable, however
retroactive date must be before the date of the Contract and insurance maintained for at least three (3)
years after completion of contract of work. Architects' and Engineers' coverage Is to be endorsed to
include contractual liability.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal & Advertising Injury
$1,000,000 Each Occurrence
2. Automobile Liability:
$1,000,000
Per Accident for Bodily Injury & Property
Damage
3. Workers' Compensation:
Statutory
As required by the State of California
Employer's Liability
$1,000,000
Per Accident for Bodily Injury or Disease
4. Professional Liability, E&O
$1,000,000
Per Occurrence
or Educators Legal Liability
5. Sexual Abuse or Molestation:
$1,000,000
Each Incident
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Any insurance proceeds available to Contractor that are broader than or in excess of the specified minimum
insurance coverage and/or limits shall be available to the District as an additional insured. Furthermore, the
requirements for coverage and limits shall be (1) the minimum coverage and limits specified in the Contract or
Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the Named Insured, whichever is greater.
Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and
approved by the District. At the option of the District, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects to the District, its officers, officials, employees and volunteers;
or the Contractor shall provide a financial guarantee satisfactory to the District guaranteeing payment of losses
and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The general liability and auto liability insurance policies are to contain, or be endorsed to contain, the following
provisions:
1. Additional Insured: To the fullest extent permitted bylaw, the District, its elected or appointed officials,
employees, agents and volunteers are to be covered as insureds as respects: liability arising out of work or
operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired or
borrowed by the Contractor.
2. Primary Insurance: For any claims related to this project, the Contractor's insurance coverage shall be
primary insurance as respects the District, its elected or appointed officials, employees, agents and
volunteers. Any insurance or self-insurance maintained by the District, its elected or appointed officials,
employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be required
to contribute with it.
3. Abuse/Molestation: Evidence the Contractors insurance includes coverage for physical abuse molestation
claims.
4. Waiver of Subrogation: Contractor hereby grants to District a waiver of any right to subrogation which any
insurer of said Contractor may acquire against the District by virtue of the payment of any loss under such
insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the District has received a waiver of
subrogation endorsement from the insurer.
Notice of Cancellation
Each Insurance policy required above shall state that coverage shall not be canceled, except with notice to the
District.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A- VII, unless otherwise
acceptable by District and admitted to do business in the state of California, or accepted by the Surplus Lines
Association to do business in California. If Contractor is a Public Entity, coverage maintained in whole or in part in
the form of participation by the Contractor in a joint powers authority or other program providing pooled
property and liability coverage is acceptable.
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Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated
herein.
Special Risks or Circumstances
District reserves the right to modify these requirements, including limits, based on the nature of the risk, prior
experience, insurer, coverage or other special circumstances.
Indemnity
Contractor agrees to defend, indemnify, and hold harmless the District and its elected or appointed officials,
agents, employees and volunteers from any and all liability or loss arising in any way out of the Contractor's
negligence in the performance of this Contract, including but not limited to any claim due to injury and/or damage
sustained by the Contractor and or the Contractor's employees or agents.
Proof of insurance
Contractor shall furnish the District with certificates and endorsements affecting coverage required by the
agreement/contract. The endorsements are to be signed by the person authorized by that Insurer to bind
coverage on its behalf. All endorsements are to be received and approved by the District before work
commences. However, failure to do so shall not operate as a waiver of these insurance requirements.
The District reserves the right to require complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications at any time.
Mail all certificates and endorsements to:
Lodi Unified School District
Attn: Risk Management
1305 E. Vine Street
Lodi, California 95240
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RESOLUTION NO. 2021-239
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
THE BRIDGE PROGRAM AT TWELVE LOCATIONS
DURING FISCAL YEAR 2021/2022
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute a contract in the amount of $551,786 between Lodi
Unified School District (Grantee) and the City of Lodi (Sub -recipient) to provide the Bridge
Program at twelve locations during Fiscal Year 2021/2022.
Dated: August 18, 2021
I hereby certify that Resolution No. 2021-239 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held August 18, 2021, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, and Mayor Nkanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Kuehne
ABSTAIN: COUNCIL MEMBERS — None
JENNIFE CUSMIR
City Clerk
2021-239