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HomeMy WebLinkAboutAgenda Report - August 3, 2022 C-1014 CITY OF AGENDA ITEM Cas/o sit a i r CALIFORNIA COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Approving Contract with Lodi Unified School District to Provide After School Staff Support for the Bridge Program at Six Locations During School Year 2022/2023 ($346,583) MEETING DATE: August 3, 2022 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 six (6) locations during school year 2022-23 in the amount of $346,583. 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 the City (sub -recipient) to provide these services for the past 14 years, and has negotiated an agreement for the Parks, Recreation and Cultural Services Department (PRCS) to do so again for the school year 2022-23. The six (6) sites are Heritage, Houston, Lawrence, Victor, Washington and Woodbridge elementary schools. An additional Community Based Organization (CBO) has been chosen to operate the other six (6) school sites previously operated under the PRCS Bridge Program. LUSD's other elementary schools in Lodi do not qualify for this grant funding and are part of the newly funded Expanded Learning Opportunities Program. 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 FY23 Council adopted budget (June 1, 2022). APPROVED: Steve SchWabaUer Stephen Schwabauer, City Manager Adopt Resolution Approving Contract with Lodi Unified School District to Provide After School Staff Support for the Bridge Program at Six Locations During School Year 2022/2023 ($346,583) July 20, 222 Page 2 FISCAL IMPACT: PRCS costs are covered under the terms of the contract. FUNDING AVAILABLE: Per agreement with Lodi Unified School District and FY23 budget. Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director Ch ri tina Jary ay Paris, Recreation and Cultural Services Director CJ/LJ:tl cc: City Attorney Attachment Signature: OMAVAr a�Qlp Signature: Ste (Jul 25, 202214:52 PDT) Email: akeys@lodi.gov Email: sschwabauer@lodi.gov I, MSf_,Ic)i.:�`T�zICr SERVICES AGREEMENT Business Services This agreement, hereinafter called "Agreement" is entered into between Lodi Unified School District, hereinafter called the "District", and City of Lodi - P.R.& C.S "Contractor". Contractor shall provide the following services: hereinafter called the After school program services at Houston, Victor, Washington, Lawrence, Heritage & Woodbridge from school dismissal until 6pm every school day.(18O days) Scope of services to include but not limited to homework assistance, student enrichment, and physical activities. A. Term of the Agreement / Effective Date of Agreement The term of this Agreement shall be 7/25/2022 , through 6/30/2023 ("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 $[__a46,583.00 ]. 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 odi - P.R.& .S ATTN : Y1 !� recl !C 230 W. Elm St, Lodi. 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/Contractor 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. 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 any time 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 by law 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 turnover 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 without prior written approval from District. 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. 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 direct 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 direct 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. 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. 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 written above. LODI UNIFIED SCHOOL DISTRICT By: (Signature) Name: Leonard Kahn Title: CBO CONTRACTOR City of Lodi - P.R.& C.S. Dept. By: (Signature) Title:_ _0, (Ah il! lg Approved as to Form: .lANICE i3. MAGDICH ' City Attorney C -11K INDEPENDENT CONTRACTOR STUDENT CONTACT FORM This document must be completed and submitted with agreement Contractor Name: City of Lodi - P.R.& C.S. Dept. Supervisor/Foreman Name: Start Date: 7/25/2022 Completion Date: 6/30/2023 Location of Work: Bridge Program Sites Hours of Work: School Dismissal - 6pm (Every School Day) Length of Time on Grounds: Approx.. 4hrs. Number of Employees on the Job: Up to 4 Employees NO YES Contractor and/or its employees will have more than limited contact with students ® 0 If yes, the following steps will be taken to ensure student safety (check) - 1 A physical barrier will be installed at the worksite to limit contact with students 11 2 Contractor and/or its employees will be continually monitored and supervised by an El Contractor employee who has not been convicted of a violent or serious felony. a. Name of supervising employee: �61k&. l CSA �.0Aa I b. Date of Department of Justice verification that supervising employee has not been convicted of a violent or serious felony: I TTT Tww'lq-�' c. Name of Contractor employee who is the custodian of the Department of Justice verification information: e�mu'e l a V—, d oy'r, I 3 District agrees: Contractor and/or its employees will be surveilled by District personnel. I declare under penalty of perjury that the foregoing is true and correct to he best of my knowled e. Date: - f /2 1 ZZ Signature: Title: n ' Marl Print Name: &&0' 1 �5arrr�Q�R DRUG-FREE WORKPLACE CERTIFICATION This document must be completed and submitted with agreement 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: _ INSURANCE Contractor, at its expense, shall procure and maintain for the duration of the Agreement, 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: 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. a. 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 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 Agreement. a. Automobile Liability: $1,000,000 Per Accident for Bodily Injury & Property Damage 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 Contractor has no employees and Contractor qualifies as an Independent Contractor. a. 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 / 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. a. Professional Liability, E&O $1,000,000 Per Occurrence 5. Sexual Abuse & Molestation Insurance in an amount not less than $1,000.000 per claim and in aggregate if this coverage is applicable to the type of services provided; however, District may waive this requirement if the Contractor's work/services does not include any direct contact with students. a. Sexual Abuse or Molestation: $1,000,000 Each Incident 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. 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 doing 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. 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 Agreement, 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 RESOLUTION NO. 2022-194 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH LODI UNIFIED SCHOOL DISTRICT TO PROVIDE AFTER SCHOOL STAFF SUPPORT FOR THE BRIDGE PROGRAM AT SIX LOCATIONS WHEREAS, 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; and WHEREAS, LUSD has contracted with the City to provide these services for the past 14 years and has negotiated an agreement for the Parks, Recreation and Cultural Services Department (PRCS) to do so again for the school year 2022-23; and WHEREAS, PRCS will offer after school programs by facilitating daily homework assistance, and by providing student enrichment and physical activities at six schools in Lodi including Heritage, Houston, Lawrence, Victor, Washington, and Woodbridge Elementary Schools when school gets out until 6:00 p.m. on scheduled school days. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a contract in the amount of $346,583 between Lodi Unified School District (Grantee) and the City of Lodi (Sub -recipient) to provide the Bridge Program at six schools during school year 2022-23; and BE IT FURTHER RESOLVED pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: August 3, 2022 I hereby certify that Resolution No. 2022-194 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 3, 2022, by the following vote: AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None OLIVIA NASHED City Clerk 2022-194