HomeMy WebLinkAboutFresno Unified School District 21st Century and ASES After School Program FY12Z�
Fresno Unified School District
LL 0 Contract Checklist
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Z_ 1. Vendor: _City of Fresno Parks & Rec 1515 Divisadero Fresno Ca 93721
Name Address
621-2900 Bruce Rudd
Phone Number Contact
2. Term (Duration): August 11, 2011 through June 30, 2012
3. Contract Administrator: Glenn Starkweather
Department: 21st Century/ASES After School Program Telephone Number: 248-7461
4. Budget: 060 -various dept -1981-1000-5899-6010 (ASES for middle schools) or
060 -various dept -1987-1000-5899-4124 (21" Century for high schools)
5. Annual Cost: $118,000 (Contract will not be authorized to exceed this amount w/o BOE
approval)
6. Finger Print Requirements: All individuals providing services Yes ❑ No
under this contract are in compliance with the requirements
of the "Michelle Montoya" Act, as required therein.
7. Scope of Work Summary: Contractor agrees to provide the City of Fresno BEST program
to Ahwahnee, Edison-Computech, Fresno, McLane, and Sunnyside, and Edison High
School. The BEST program includes career, college exploration, tutoring and leadership
development.
The BEST program at Edison has been enhanced to provide additional focus on career
mapping/goal setting, entrepreneuship, Job Skills Boot Camp, internships, and two Job
Fairs
Date Item is to appear on Board of Education Agenda: f
(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:
Name Dept. Phone
Please return signed contract to:
FUSD Board Approved Debby Yenser State & Federal 457-3843
8110111 A-6
FRESNO UNIFIED SCHOOL DISTRICT
INDEPENDENT CONTRACTOR SERVICES AGREEMENT
GENERAL INFORMATION:
School/Department: After School Program
Budget Class: ASES Grant
District Contact Person: Glenn Starkweather
Budget Manager Approval: Glenn Starkweather
Contractor: City of Fresno Parrs Recreation and Community Services
Contractor's Contact Person: Bruce Rudd
Contractor's Taxpayer Identification # or SSN: 94-6000338
Requisition #:
This Independent Contractor Services Agreement is made and entered into effective August 11, 2011 (the
"Effective Date") by and between the Fresno Unified School District ("District") and City of Fresno
BEST Program.{"Contractor").
1. Contractor Services. Contractor agrees to provide: the City of Fresno BEST program to Ahwahnee,
Edison-Computech, Edison, Fresno, McLane, and Sunnyside. The BEST program at Edison
and Sunnyside High Schools has been enhanced to provide additional focus on career
mapping/goal setting, entrepreneuship, Job Shills Boot Camp, internships, and two Job
Fairs
Schools)21" Century (4 High
3. Edison
Fresno BEST .•
$28,000
4. Fresno
$18,000
5. McLane
$18,000
G. Sunnyside
$18,000
Total High School Cost
$82,000
The parties anticipate that Contractor will provide these services 180 days at 4 hours per day.
2. Contractor Qualifications. Contractor represents that it has in effect all licenses, permissions and has
otherwise all legal qualifications to perform this Agreement. Contractor's qualifications shall be specified
in attached VITA.
3. Term. This Agreement shall begin on August 11, 2011, and shall terminate on June 30, 2012. There shall
be no extension of the term of the agreement without express written consent of all parties.
4. Payment. District agrees to pay Contractor at following rate of$ per___. Checks will be
made payable to City of Fresno BEST Program. Payment shall be limited to amount written in this
Paragraph, unless specifically indicated in Paragraph 5. District agrees to pay Contractor within thirty (30)
days of receipt of a 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 the current standard business IRS mileage rate.
d. Supplies $ 0 As negotiated with school/department contacting for service.
e. Total Estimated Cost Qjum of paragraphs 4 and 5a =,: $118,000
6. California Residency. Contractor is a resident of the state of California: X YES NO
If "NO", Contractor shall complete and attach California Form 590-Withotding Exemption Certificate.
7. Conflict of htterest. Contractor does not have, or anticipates having, any interest in real property,
investments, business interests in or income from sources which would provide Contractor, his/her spouse
or 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 Contactor may terminate this Agreement at any time for
any reason upon written notice. In the event of early termination, Contactor 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. Indemnification. Contractor shall defend, indemnify, and hold harmless the District and 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 District, Contactor 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
Contactor or any of its officers, officials, employees, agents or volunteers in the performance of this
Agreement.
District shall indemnify, hold harmless and defend Contractor and 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, District 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 District 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 District 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.
This section shall survive termination or expiration of this 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 of Insurance,e.g.,
Certificates of Insurance or other similar documentation, shall not be required of either party under this
Agreement."
if. 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, or joint venturer of
the District.
12, Worker's Compensation Insurance. Contractor agrees to provide all necessary worker's compensation
insurance for Contractor's employees, in any, at Contractor's own cost and expense.
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, 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 assigns.
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 La Tone
Benefits & Risk Management
Fresno Unified School District
2309 E. Tulare Street
Fresno, California 93721
Contractor:
Bruce Budd
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.
Entire Aereement. 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 CONTRACTOR
Fresno Unified School District
By: ("Irl ,
Nam : uth
Title: Deputy Superintendent/CFO
Approved As To Form:
Date: plldo
By:
Name:
Title:
ATTEST:
REBECCA KLISCH
Clerk, City of Fresno
By:
Deputy Date
APPROVED AS TO FORM:
.TAMES C. SANCHEZ
Fresno City Attorney
By:
Deputy Bradley Date
Rev'd 811105
Executed at Fresno, California, on the date and year first written above.
DISTRICT CONTRACTOR
Fresno Unified School District
By:
Name: Ruth F. Quinto
Title: Deputy Superintendent/CFO
Approved As To Form:
Date:
City of Fresno
By:
'�
e: Bruce A. Rudd
Title: Interim PARCS Director
ATTEST:
REBECCA KLISCH
Clerk, City of Fresno
By: &ii.c.C. Vl '��t�
eputy Date
APPROVED AS TO FORM:
JAMES C. SANCHEZ
Fresno City Attorney
z�WE
�puty DoD.
Rev'd 8/1/06
City 0
InEsin
rnC" ��►� REPORT TO THE CITYCOUNCIL
July 21, 2011
FROM:
AGENDA ITEM NO. f r
COUNCIL MEETING 7121111
APPROVED BY
DEPARTMENT DIRECTOR
CITY MANAGE
BRUCE A. RUDD, Interim Director
Parks, After School, Recreation and Community Services Department
BY: SHAUN R. SCHAEFER, Community Recreation Supervisor 11
Parks, After School, Recreation and Community Services Department
SUBJECT: 1) APPROVAL OF A CONTRACT FOR $118,000.00 WITH FRESNO UNIFIED
SCHOOL DISTRICT FOR THE PARKS, AFTER SCHOOL, RECREATION AND
COMMUNITY SERVICES DEPARTMENT TO CONDUCT THE FRESNO BEST
PROGRAM AT EDISON, FRESNO, MCLANE, AND SUNNYSIDE HIGH SCHOOLS
AND AWAHNEE AND EDISON COMPUTECH MIDDLE SCHOOLS RUNNING
THROUGH JUNE 30, 2012
2) A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING
THE 9TH AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO.
2011-133 APPROPRIATING $118,000.00 IN THE PARKS, AFTER SCHOOL,
RECREATION AND COMMUNITY SERVICES DEPARTMENT TO CONDUCT THE
FRESNO BEST PROGRAM AT EDISON, FRESNO, MCLANE, AND SUNNYSIDE
HIGH SCHOOLS AND AWAHNEE AND EDISON COMPUTECH MIDDLE
SCHOOLS RUNNING THROUGH JUNE 30, 2012 (DISTRICTS 1, 3, 5 & 7)
RECOMMENDATIONS
Staff recommends that the City Council approve the attached one-year agreement with the Fresno Unified
School District (FUSD) and Annual Appropriation Resolution (AAR) and authorize the Director of Parks, After
School, Recreation and Community Services (PARCS) to execute the agreement on behalf of the City.
Approval of this contract and the corresponding appropriations will allow PARCS to receive up to $118,000.00
in FY 2012 to cover staff and operating costs associated with providing a collaborative After School Fresno
BEST program at all FUSD funded high schools and middle schools.
EXECUTIVE SUMMARY
The attached contractor service agreement was created by FUSD for consideration and approval by both the
Council and the Fresno Unified School Board. The contractual agreement would establish a commitment at
$128,000.00 for a full reimbursement of services from FUSD. The contract will allow PARCS staff to begin
implementation of the Fresno BEST Program at Edison, Fresno, McLane, and Sunnyside high schools and
Awahnee and Edison Computech middle schools. The contract will begin in August of 2011 and will fund the
Fresno BEST program for the duration of the 2011-2012 school year. Funding for the Fresno BEST program
will supply the school site with operating costs and one 15 -hour per week staff member to deliver
programming. Staff will instruct in the following areas of job placement, application submissions, college and
career exploration, financial literacy, and service learning opportunities. The staff costs and related overhead
will be fully recovered under the agreement so no General Fund dollars are requested to implement the
program.
Presented to City Council
Date—
Dispo'tion
Report to the City Council
Fresno BEST Program with FUSD (Multiple Sites)
July 21, 2011
Page 2
An added benefit of this unified effort of Fresno BEST program providers (FUSD and PARCS), is that it will
build the strength and leverage needed to acquire grant funds aimed at gang prevention that will serve youth
from 9t" through 12'h grades. The Fresno BEST program will provide youth with a variety of activities and
resources during the critical 3:00 p.m. — 6:00 p.m. after-school hours.
BACKGROUND
In FY 2006, Parks, After School, Recreation and Community Services (PARCS), in conjunction with Fresno
Unified School District (FUSD) began to operate the first collaborative After School High School Program,
Fresno BEST at Roosevelt High School. This 'pilot' program was conducted at one high school site in 2005.
Due to the success of the 'pilot' Fresno BEST site, PARCS expanded the Fresno BEST program to four high
school sites in FY 2007 to include Sunnyside, J.E. Young, Roosevelt and Fresno High Schools. In FY 2008,
PARCS re -deployed the Literacy program resources to expand the Fresno BEST high school program to all
sites and create the Jr. BEST middle school program. Programming efforts include hiring, training, instruction,
materials, supervision, and program coordination.
FISCAL IMPACT
Acceptance of the grant funds will have no impact to the General Fund as up to $118,000.00 of revenue will be
received from FUSD as reimbursement for up to $118,000.00 of program expenses, which includes a 10%
administration fee.
KAJosieK\Rept to CC/2011
7/7/11
Attachments: Contract with FUSD
AAR
2
July 22, 2011
TO:
FROM:
SUBJECT:
MAYOR ASHLEY SWEARENGIN
REBECCA E KLISCI- CMC
V
-- Council Adoption: 07/21/11
REL` �- f Eli Mayor Approval:
AtvA 61. Mayor Veto:
,441:� AM 9: 05 Override Request:
City Clerk I CITY CLERK, FRESNO C/'
TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO
At the Council meeting of 07/21/11, Council adopted the attached Resolution No. 2011-149
entitled 9th amndmnt to AAR appro $118,000, Fresno BEST program @ multiple schools
w/in Fresno, Item No. 1J-1, by the following vote:
Ayes Baines, Borgeas, Olivier, Quintero, Xiong, Brand
Noes None
Absent Westerlund
Abstain None
Please indicate either your formal approval or veto by completing the following sections and
executing and dating your action. Please file the completed memo with the Clerk's office on
or before August 1, 2011. In computing the ten day period required by Charter, the first day
has been excluded and the tenth day has been included unless the 10th day is a Saturday,
Sunday, or holiday, in which case it has also been excluded. Failure to file this memo with
the Clerk's office within the required time limit shall constitute approval of the ordinance,
resolution or action, and it shall take effect without the Mayor's signed approval.
Thank you.
............
APPROVED:
vr,_ -�
VETOED for the following reasons: (Written objections are required by Charter; attach
additional sheets if necessary.)
Ashley Sweare&n, Mayor
COUNCIL OVERRIDE ACTION:
Ayes
Noes
Absent
Abstain
Date: -7 12A li J
Date: