HomeMy WebLinkAboutFresno Unified School District - Fitness, Wellness, and Enrichment Activities for After School Program FY13 - 2012/
Fresno Unified School District
Contract Checklist
Contact
Address
Bruce Rudd ----,;:-_
1515 Divisadero,Fresno.CA 93721
Phone Number
621-2900
City of Fresno Parks &Rec
Name
I:Vendor:
2.Term (Duration):August 13, 2012 through _June 30,2013
3..'Contract Administrator Glenn Starkweather _
Name
ASES After School Program
Site
4. Budget:060-various dept-6010-1981-4000-5899
248-7461
Telephone Number
5. Annual Cost:"'$"'34"'5.....6"'1..8!....-:..-_
amount w/o BOE approval)
(Contract will not be authorized to exceed this
6.•Finger Print Requirements: All individuals providing services
under this contract are in compliance with the requirements
of the "Michelle Montoya"Act, as required therein.
Yes.No 0
7. Scope of Work Summary:The Physical Fitness Leader will oversee the delivery of the
physical fitness,wellness,and enrichment activities of the After School Program.
8. Date Item is to appear on Board of Education Agenda:_
(Contracts of$15,000 or more)
9. Date reviewed and approved by Exception Committee:_
(Please attach form)
10. Reviewed and approved by Cabinet Level Officer:
Date
11. Reviewed &approved by Director, Risk Management:_
Date
Please return signed contract to:'-P"eglOigy!;.L""L"'u"ci"'o'-_
Name
Extended Learning
Dept.
248-7461
Phone
L ,
e-
Fresno Unified School District
CONTRACT SUMMARY 2012-13
•ALL contracts for the 2012-13 school year will be "bundled"for submission to the Board for approval.
•Contracts should include all potential expenses for the entire 2012-13 school year so that
addendums will not be necessary later in the year.
•Approval will be obtained from K-12 Supervisors and State and Federal (if categorically funded)prior
to submission for approval by the Board.
•Please fill in ALL information below.
SCHOOL/DEPARTMENT ,.SI:nE~.CONTACT .PHONE
Expanded Learning Glenn Starkweather 248-7530
.VENDOR NAME,
Citv of Fresno Parks and Recreation Department
DESCRIBE SERVICES TO BE PROVIDED
.
Fresno City Parks and Recreation Department provides trained staff members to work within the FUSD
elementary After.School Program.Parks and Recreation Department employees provide student
supervision and enrichment activities and grant-mandated physical fitness activities using the "SPARK"
After School Phvsical Fitness Prooram developed bv San Diego State University.
CONTRACT AMOUNT BUDGET #.
$345,618 060"various dept-601 0-1981-4000-5899.
CONTRACT START DATE CONTRACTEND DATE •
Auoust 13,2012 June 30,2013
.SPSA (Single,P.lanforStudentAchievement):Site SPSA page #reference .
o Principal Approval AI!'~#'
Signature Date
5-10-/1.
•
'City of Fresno contract protocol prohibits acquiring signatures prior to FUSD's timeline for submitting
contracts for Board Approval.Therefore,as has been past practice,the Expanded Learning Department will
submit the original contract to the vendor for signature after FUSD approval and prior to start of service.
Attach this form to completed contract (including vendor slqnature]and checklist.
.Submit to Maria Majorek-Hockert,School Support Services (457-3874)
Deadline:May 15,2012 .
•
FRESNO UNIFIED SCHOOL DISTRICT
INDEPENDENT CONTRACTOR SERVICES AGREEMENT
GENERAL INFORMATION:
School/Department:
Budget Class:
District Contact Person:
Budget Manager Approval: .
Contractor:
Contractor's Contact Person:
Contractor's Taxpayer Identification #or SSN:
Requisition #:
After School Program
ASES Grant
Glenn Starkw-e-a-cth,-e-r----------~--
Glen n Starkwca ther -:--:::-----;::-;-,---:-:;,---_-,.,-_
City of Fresno Parks.After School.Recreation.
and Community Services _
Bruce Rudd
94-6000338
This Independent Contractor Services Agreement is made and entered into effective August 13,2012 (the
"Effective Date") by and between the Fresno Unified School District ("District")and City of Fresno
Parks,After School,Recreation and Community Services.("Contractor").
1.Contractor Services.Contractor agrees to provide:The Physical Fitness Leader will oversee the delivery
of the physical fitness, wellness,and enrichment activities of the program.
The parties anticipate that Contractor will provide these services 180 days at3 hours per day.
2.Contractor Qualifications.Contractor represents that it has in effect all licenses and permissions and has
otherwise all legal qualifications to perform this Agreement.Contractor's qualifications shall be specified
in attached VITA.
3. Term. This Agreement shall begin on August 13, 2012, and shall terminate on June 30, 2013. There shall
be no extension of the term of the agreement without express written consent of all parties.
4. Payment. District agrees to pay Contractor at following rate of $18.19 per hr. Checks will be made
payable to City of Fresno Parks, After School,Recreationand Community Services.Payment shall be limited
to the amount written inthis paragraph, unless specifically indicated in Paragraph 5. District agrees to pay
Contractor within thirty (30) days of receipt ofa detailed invoice.
5. Incidental Expenses:
a. Lodging $ 0 Actual cost of single occupancy. Not to exceed $100 per night.
*Receipt Required.
b. Meals $0 Reimbursement limited to actual cost up to the following rates:
Breakfast $6.00, Lunch $9.00, Dinner $15.00.'Receipt Required.
c. Travel $0 Actual cost by common carrier. Private car expenses will be
reimbursed at thecurrent standard business IRS mileage rate.
d. Supplies $0 As negotiated with school/department contracting for service.
e.Total Estimated Cost (Sum of paragraphs:!andSa =J!):$345,618
.,
6. California Residency. Contractor is a resident ofthe state of California:X YES NO
If "NO",Contractor shall complete and attach California Form 590-Witholding Exemption Certificate.
7. Conflict of Interest. Contractor does not have, or anticipate having, any interest in real property,
investments,business interests in or income from sources that would provide Contractor,hislher spouseor
minor child(ren) with personal financial gain as a result of any recommendation, advice or any other action
taken by Contractor during the rendition of services under this Agreement.
8. Termination of Agreement. Either District or Contractor may terminate this Agreement at any time for any
reason upon written notice. In the event of early termination, Contractor shall be paid for satisfactory work
performed to the date of termination. The District may then proceed with the work in any manner the
District deems proper.
9. Indemnity. The Contractor shall defend, indemnify, and hold harmless the District and its agents,
employees, Board of Trustees, members of the Board of Trustees, from and against claims, damages,
losses, and expenses (including, but not limited to attorney's fees and costs including fees of consultants)
arising out of or resulting from: performance of the contract (including, but not limited to) the Contractor's
use of the site; the Contractor's completion of the duties under the contract; injury to or death of persons or
damage to property or delay or damage to the District, its agents, employees, Board of Trustees, members
of the Board of Trustees, for any act, omission, negligence, or willful misconduct of the Contractor or their
respective agents, subcontractors, employees, material or equipment suppliers, invitees, or licensees. Such
obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity,
which would otherwise exist as to a party, person, or entity described in this paragraph.
FUSD shall indemnify, hold harmless and defend Contractor and each of its officers, officials,employees,
agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages
(whether in contract, tort or strict liability, including but not limited to personal injury, death at any time
and property damage) incurred by the Contractor, FUSD or any other person, and from any and all claims,
demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged
to arise directly or indirectly from the negligent or intentional acts or omissions of FUSD or any of its
officers, officials, employees, agents or volunteers in the performance of this Agreement.
In the event of concurrent negligence on the part of Contractor or any of its officers, officials, employees,
agents or volunteers, and FUSD or any of its officers, officials, employees, agents or volunteers, the
liability for any and all such claims, demands and actions in law or equity for such losses, fines, penalties,
forfeitures, costs and damages shall be apportioned under the State of California's theory of comparative
negligence as presently established or as may be modified hereafter.
Thissectionshall survive termination or expiration ofthis Agreement
10. Insurance.It is understood and agreed that Contractor and District maintain insurance policies or self-
insurance programs to fund their respective liabilities. The parties agree that such respective programs or
policy coverage for Workers' Compensation shall contain a waiver of subrogation as to the other party and
each of its officers, officials, agents, employees and authorized volunteers. Evidence oflnsurance,e.g.,
Certificates of Insurance or other similar documentation, shall not be required of either party under this
Agreement.
11. Independent Contractor Status. While engaged in carrying out the terms and conditions of the Contract, the
Contractor is an independent contractor,and not an officer,employee,agent,partner,orjoint venture,of
the District.
•f .•.,~
12. Workers' Compensation Insurance. Contractor agrees to provide all necessary workers'compensation
insurance for Contractor's employees,if any, at Contractor'sown cost andexpense.
13. Taxes. Contractor agrees that Contractor has no entitlement to any future work from the District or to any
employment or fringe benefits from the District. Payments to the Contractor pursuant to this Agreement
will be reported to Federal and State taxing authorities as required. District will not withhold any money
from compensation payable to Contractor. In particular, District will not withhold FICA (social security);
state or federal unemployment insurance contributions;or state or federal income tax or disability
insurance. Contractor is independently responsible for the payment of all applicable taxes.
14. Assignment. The Contractor shall not assign or transfer by operation of law or otherwise any or all of its
rights, burdens, duties or obligations without the prior written consent on the District.
15. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the Contractor and
the District and their respective successors and as.signs.
16. Severability. If any provision of this Agreement shall be held invalid or unenforceable by a court of
competent jurisdiction,such holding shall not invalidate or render unenforceable any other provision
hereof.
17. Amendments. The terms of the Contract Documents shall not be waived, altered, modified, supplemented
or amended in any manner whatsoever except by written agreement signed by both parties.
18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the
State of California and venue shall be in the appropriate Superior Court in Fresno, California.
19. Written Notice. Written notice shall be deemed to have been duly served if delivered in person to the
individual or member of the company or to an officer of the corporation for whom.it was intended, or if
delivered at or sent by registered or certified mail to the last business address known to the person who
gives the notice..
District:
Paul Rosencrans
Purchasing Department
Fresno Unified School District
4498 N. Brawley Ave.
Fresno, California 93722
c: Andrew De LaTorre
Benefits &Risk Management
Fresno Unified School District
2309 E. Tulare Street
Fresno, California 93721
Contractor:
Bruce Rudd
City of Fresno Parks,After School,Recreation
and Community Services Department
1515 E Divisidero St
Fresno,CA 93721-1115
20.Non-Discrimination.It is the policy of the District that there shall be no discrimination against any of
Contractor's prospective or active employees because of race, color, ancestry, national origin, sex or
religious creed. Therefore, the Contractor agrees to comply with applicable federal and California laws.
21.Compliance with Law. Each and every provision of law and clause required by law to be inserted into this
Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though
it were included therein. Contractor agrees that it shall comply with all legal requirements for the
performance of its duties under this agreement and that failure to do shall constitute material breach.
22. Entire Agreement. This Agreement is intended by the Parties as the final expression of their agreement
with respect to such terms as are included herein and as the complete and exclusive statement of its terms
and may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement,
nor explained or supplemented by evidence of consistent additional terms.
23. Execution of Other Documents. The parties to this Agreement shall cooperate fully in the execution of any
and all other documents and in the completion of any additional actions that may be necessary or
appropriate to give full force and effect to the terms and intent of this Agreement.
24. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may
appear on separate signature pages. A copy, or an original, with all signatures appended together, shall be
deemed a fully executed agreement.•
25.Board Approval.For contracts in excess of $15,000.00, the effectiveness of this Agreement is
contingent upon the approval of the Fresno Unified School District Board of Education.
Executed at Fresno, California, on the date and year first written above.
DISTRICT
FresnoUnified School District
Approved As To Form:
CONTRACTOR
ATTEST:
YVONNE SPENCE
Clerk, City of Fresno
APPROVED AS TO FORM:
JAMES C. SANCHEZ
Fresno City Attorney
BY:~
. Deputy ji..DC6lHL