HomeMy WebLinkAboutFresno Unified School District Contract Routing Form Agreement - 4-13-2023FEDERAL FUNDING WILL NOT BE USED
Fresno Unified Fresno Unified School District
School District Contract Routing Form
rr: �i7tliPer y6�e»#irr(./ Completed independent contract agreement must be attached
07865
Vendor Number
City of Fresno PARCS Department
Vendor Name
559-621-7770
Phone Number
From: 04/13/2023
Term (Duration)
FUSD Contract Administrator:
Valerie Martinez
Name
1515 E. Divisadero St. Fresno, CA 93721-1115
Address
Georgeanne White
Vendor Contact
Throueh: 06/30/2023
Extended Learning
Site/ Dept
Budget (Fund -Unit -Dept. -Activity-Object) 0 6 0- 2 6 0 0- 0 7 9 0 -19 81- 5 8 9 9
559-248-7539
Telephone number
Annual Cost $350,000.00 (Contract will not be authorized to exceed this amount w/c
Fingerprint Requirements: All individuals providing Yes Fvl No ❑
services under this contract are in compliance with the
requirements of the "Michelle Montoya"Act, as required
therein.
Scope of Work Summary:
City of Fresno will work with FUSD to recruit lifeguard staff. Upon staffing the City
of Fresno aquatic locations, City of Fresno PARCS can provide up to seven weeks of swim
lessons for approximately 5,000 Fresno Unified School District students at the seven
FUSD high schools (Bullard, Edison, Fresno, Hoover, McLane, Roosevelt, Sunnyside).
Lessons will be offered up to six days per week.
Additionally, with sufficient staffing, City of Fresno PARCS can provide recreation
swim time at up to five high schools (Edison, Fresno, Hoover, McLane, Roosevelt) on
Saturdays and Sundays. Exact dates, times and locations for swim lessons and
recreational swim will be posted at the City of Fresno's website: www.fresno.gov/parks/
Please indicate where the work will be performed: Work to be performed on FUSD property
Date Item is to appear on Board of Education Agenda: 04/12/23
(Contracts of $ 15, 000.00 or snore)
Reviewed & approved by Cabinet Level Officer:
Signed
Reviewed & approved by Risk Management
Reviewed & approved by Department Head
Will this contract be submitted ividi Bundled Contracts? No
Signed
ry
3:.:_ 202312.09 PST)
Signed
Date
Date
Mar 2, 2023
Date
Please return signed agreement back to (name%mail) : Frandis Thao & Francine Pedersen Extende
Revised 2/23/23
Fresno Unified School District
Fresno Unified Independent Contractor Services Agreement
School District
OUIt �hI•�II•� �i/.o/lrlU%/
GENERAL INFORMATION
School/Department Budget: 060-2600-0790-1981-5899
District Contact Person: Valerie Martinez
Budget Manager Approval: —'7 -
Contractor's Vendor Name: City of Fresno PARCS Department
Contractor's Contact Person: Georgeanne White
Contractor's Title: City Manager
Contractor's Telephone
Number: 559-621-7770
Contractor's E-mail: Georgeanne.White@Fresno.gov
Contractor's Address: 1515 E. Divisadero St. Fresno, CA 93721-1115
This Independent Contractor Services Agreement is made and entered into effective 04/13/2023
(the "Effective Date") by and between the Fresno Unified School District ("District") and City of Fresno PARCS Departme:
("Contractor").
I- Contractor services. Contractor agrees to provide
City of Fresnowill work with FUSD to recruit lifeguard staff. Upon staffing the City of Fresno aquatic locations, City of
Fresno PARCS can provide up to seven weeks of swin, lessons for approximately .5,000 Fresno Unified School District
students at Elie seven FUS❑ high schools (3uilard, Edison, Fresno, Hoover, McLane, Roosevelt, Sunnyside). Lessons will
be offered up to six days per week,
Additionally, with sufficient staffing, City of Fresno PARCS can provide recreation swim time at up to five high schools
(Edison, Fresno, Hoover, McLane. Roosevelt) on Saturdays and Sundays. Exact dates, times and locations for swim lessons
and recreational swim will be posted at the City of Fresno's wehsite: www.fresno.gov/parks/
Revised2/2;/2-; Fresno Unified Independent Contract
2. Contractor Qualifications. Contractor represents that it has in effect all licenses, permissions and has otherwise all legal
qualifications to perform this Agreement.
3. Term. This Agreement shall begin on 04/13/2023 , and shall terminate on 06/30/2023 There shall be no
extension of the terrn of the agreement without express written consent from all parties.
$350,000.00 agreement $350,000.00
4. Payment. District agrees to pay Contractor at following rate of per , Not to exceed . Checks
will be made payable to City of Fresno PARCS Departm. 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 detailed invoice.
— 5. Incidental Expenses. _❑ Yes (See below) ❑✓ No, Vendor initial here I'
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
$12.20, Lunch $18.30, Dinner $30.50. *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 contracting forservice.
e. Total Estimated Cost (Sum of paragraphs 4 and 5a — d): $350,000.00
f. Other $0
6. Employment. Are you a current FUSD employee? ❑ Yes IZI No
7. CalPERS & CaiS i RS. Are you a CaiPERS or CaISTRS retiree? ❑ Yes ❑✓ No
8. California Residency_. Contractor is a resident of the state of California: ❑✓ Yes ❑ No
9. Re ors Frau Waste and Abuse. By calling the Anti -Fraud Hotline, (559) 325-3200, or by completing the fraud, waste
or abuse reporting form online at: httpa/www.pnepas.com.fEresno-unified-fraud-alert. The anti -fraud waste or abuse
reporting hotline is available to report alleged fraud in the district. The responsibility for monitoring the hotline rests
with the internal auditor for Fresno Unified School District, Price, Page & Company. A report may be made
anonymously.
10. Conflict of Interest. in consideration of the Districts Conflict of Interest Code, Contractor affirms they do not have,
nor does the Contractor anticipate having any interest in real property, investments, business interest 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.
Contractor's initials° District's initials
11. Anti -discrimination. Fresno Unified School District prohibits discrimination, harassment, intimidation, and bullying
based on actual or perceived race, color, ethnicity, national origin, immigration status, ancestry, age, creed, religion,
political affiliation, gender, gender identity, gender expression, genetic information, mental or physical disability, sex,
sexual orientation, marital status, pregnancy or parental status, medical information, military veteran status, or
association with a person or a group with one or more of these actual or perceived characteristics or any other basis
protected by law or regulation, in its educational program(s) or employment. If you believe you, or your student, have
been subjected to discrimination, harassment, intimidation, or bullying you should contact your school site principal
and/or the Disnrict's Chief Compliance and Title IX Officer David Chavez, by phone at 559-457-3500, by email at
David.Chavrzi'i)?li-estiounitied.or , or in person at 2309 Tulare Street Fresno, CA 93721.
12. Terra;nation of Agreement. Either District or Contractor may terminate this Agreement at any time for any reason upon
Jiiity (30) days prior written notice. In the event of early termination, Contractor shall be paid for satisfactory work
Fresno Unified Independent Contract zi
performed to the date of termination. The District may then proceed with the work in any manner the District deems
proper.
Notwithstanding the expiration or termination of this Agreement for any reason (a) any provision of this Agreement
that imposes or contemplates continuing obligations on a Party shall survive the expiration or termination of this
Agreement, including without limitation, the rights and duties under Paragraphs 12, 13, 15,and 17; and (b) all
undisputed fees due and payable hereunder through the termination date in accordance with Paragraphs 4 and 5.
13. Confidential Information
a. For the purposes of this Agreement "Confidential Information" includes any written or oral information or
data, disclosed by either Party to the other, which may include, without limitation, information relating to
technical, financial, personnel, personal employee information, the network, corporate, administration, plan
design, benefits or contractual affairs of either Party or a third party that has been identified as confidential or
that by the nature of the circumstances surrounding disclosure ought reasonably to be treated as confidential.
b. Contractor hereby agrees that it shall not disclose Confidential Information, and any materials, discussions,
or other communications concerning Confidential Information to any person or entity, except to its own
employees, contractor personnel, and to its attorneys, accountants, consultants and other professional advisors
having a "need to know," and who are themselves bound by similar nondisclosure restrictions (collectively,
"Representatives"). If Contractor becomes aware of any disclosure or use not in compliance with
this Agreement, Contractor shall notify the District in writing within three (3) business days. Contractor
shall use at least the same degree of care in safeguarding Confidential Information as it uses in
safeguarding its own confidential information. Representatives shall be bound to comply with all terms
of this Paragraph
13.B. Upon the request of the District, Contractor shall provide a written acknowledgment from each of its
Representatives that said Representative is bound by the terms of this Paragraph 13.13.
c. Contractor's obligation under this Agreement to not disclose Confidential Information shall not apply to
information that: (a) becomes generally available to the public other than as the result of unauthorized
disclosure by Contractor or a third party; (b) is independently developed by Contractor without the aid,
application or use of Confidential Information; or (c) was received by Contractor on a non -confidential basis
prior to receipt from the District or from a third -party lawfully possessing and lawfully entitled to disclose
such information.
d. Disclosure of Confidential Information shall not be precluded if such disclosure is: (a) required pursuant to a
valid court order; or (b) in the opinion of legal counsel for Contractor, is otherwise required by law, provided
that in either circumstance:
Contractor shall furnish the District with a copy of the demand, summons, subpoena or other legal
process to compel such disclosure;
ii. Contractor shall give the District reasonable prior notice of its intention to disclose Confidential
informaation in order to allow the District an opportunity to seek appropriate protection; and
ii:. Co ractor shall take all reasonable steps including, without limitation, the pursuit of a protective order,
to r,,strict the disclosure of Confidential Information to the greatest extent possible.
e. All Confidential Information provided by the District to Contractor is and shall forever remain the sole and
exclusive property of the District. By granting access to Confidential information, the District does not grant
any express or implied right to Contractor to use, publish or disclose any Confidential Information.
After its review of the Confidential Information Contractor will return to the District all Confidential
Information disclosed to it (including copies or summaries of Confidential Information), or with the District's
permission. destroy the Conf dential information and certify in writing that it has been destroyed.
14. Injunctive Relief. Each Party acknowledges that a breach or threatened breach of this Agreement may cause
immediate and irreparable harm to the District and that, to protect against such harm, the District may seek from a
court of competent jurisdiction the issuance of a restraining order or injunction to prohibit any threatened disclosure
Fresno Unified Independent Contract 31 Pa a
or misuse of the District's Confidential Information. Such an action for a restraining order or injunction is in addition
to and does not limit all other remedies provided by law or in equity or by agreement between the Parties.
15. Indemnification and Hold Harmless. To the fullest extent allowed by law, the Contractor shall defend, indemnify and
hold District, its agents, employees, Board of Trustees, members of the Board of Trustees, officials, officers,
volunteers, and representatives ("indemnities") free and harmless from any and all claims, demands, negligence
(including the acLivZ or passive negligence of indemnities, regardless of whether sole or otherwise, as allowed by
law), causes of action, costs, expenses, liabilities, losses, damages or injuries, fines, penalties in law or equity,
regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful
death, (cc! lectively "Loss") to the extent arising out of or incident to: 1) the performance or breach of any of the terns
and conditions of the contract (including but not limited to) the Contractor's use of the site; or 2) any acts, omissions,
negligence, in connection with the performance of Services or otherwise arising from this Contract
("Indemnification")- or 3) the willful misconduct of the Contractor or their respective agents, subcontractors,
employees, material or equipment suppliers, invitees, or licensees. The Contractor's Indemnification includes, but is
not limited to, the payment of all damages and attorney's fees, fines, penalties and other related costs and expenses.
a The Contractor's defense obligations (with counsel approved by District), shall arise immediately upon tender
of any of the Indemnities, and the defense shall be paid at Contractor's own cost, expense and risk, for any and
all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against
any of the indemnities, notwithstanding whether liability is, can be or has yet been established.
b. The Contractor shall pay and satisfy any judgment, award or decree that may be rendered against any of the
indemnities, in any such suit, action or other legal proceeding. The Contractor shall reimburse indemnities, and
each of them, for any and all legal expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided.
c. Acceptance of insurance certificates and endorsements required under the contract does not relieve
the Contractor from liability under this indemnification and hold harmless clause. The requirements of this
Section (Indemnification and Hold Harmless) shall apply whether or not such insurance policies shall
have been determined to be applicable to any of such damages or claims for damages.
16. Insurance. Without limiting "Contractor" indemnification, it is agreed that"Contractor" shall secure and maintain in force during
the term of this Agreernent a Commercial General Liabiiity policy (Contractual liability included) utilizing an occurrence
policy form, with limits of not less than two million ($2,000,000) dollars per occurrence, four million ($4,000,000) annual
aggregate limit. easiness automobile Liability Insurance shall be maintained for owned, scheduled, non -owned or hired
automobiles with a combined single limit not less than two million ($2,000,000) dollars per occurrence. In the event "Contractor"
is working with students individually or providing professional services to students, "Contractor" shall maintain a policy providing
coverage for sexual molestation and/or abuse claims. In the event that' `Contractor's" Commercial General liability policy
excludes coverage for sexual molestation and/or abuse claims shall be required to procure a separate or supplemental policy
providing such coverage. The Gm its of coverage for the abuse and molestation policy shall be not less than $2,000,000 per claim
and $4,000,000 aggregate. If any of the required policies provide coverage on a claims -made basis then the following shall
apply; 1) The retroactive date inust be shown, and must be before the date of the contract or the beginning of contract work; 2)
Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the
contract work; (3) Ifcoverage is canceled or non -renewed, and not replaced with another claims -made policy form with a
retroactive date prior tc me contract effective date, the Contractor must purchase "extended reporting" coverage for a
minimum of i5ve (5) years after complenonof work. Self -insured retentions must be declared to and approved by District. The
Distrietrnayrequiic"Conti'actor`to provide proof of ability to pay losses and related investigations, claims administration
and defense expenses within the retention. The policy shall pcovide, or be endorsed to provide, that the self -insured retention
maybe satisfied by either th:, named insured or the District.
The Dsti-iei shall be named as an additional insured on the policies by separate endorsement. A Certificate of Insurance
and endorsements shall be atiac6ded to dais A,reemenat as proof of insurance. The "Contractor" policy shall provide that it is
primary such tinat insurance maintained by the District, if any, shall be excess and not co -primary.
iresno 'unified independent Contract 41 Pi g,
17. 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 venture of the District.
IS. Workers' Compensation insurance. Contractor agrees to provide all necessary workers' compensation insurance for
Contractor's employees, if any, at Contractor's own cost and expense.
19. Rati1,J.2rnenTs. Contractor 'nereby acknowledges that, if applicable, it is required to comply with the
requirements of Education Code Section 45125.1 with respect to fingerprinting of employees who may have contact
with tie Dis'-riot's ��.��ia. _,he Contractor snail also ensure that its consultants on the Project also comply with the
requirements of Section 45.25.1. If required by �duca-,ion Code Section 45125.1, the Contractor and its consultants,
prior to any of the --ontractor's employees, or those of any other consultants, coming into contact with the District's
pup`',s sup:.... .:: _ !::•_ DISTRIC f fingerprints co the Department of Justice (DOJ) for the monitoring and
supe.vision of e,riployee(s) aincicr affiliated constituents. Contractor will not begin work on the Project site until
obtaining a DOJ cleared status through the DISTltIC T . Contractor further acknowledges that other fingerprinting
recuire :;eats may apply, as set forth in Education Code Section 45125 et seq., and will comply with any such
requirements, including having Consultant certifies Consultants certify that none of these employees and/or affiliated
constituent(s) will have been convicted of a felony as defined in Education Code section 45122.1."Fingerprinting
Requirements," is expressly understood and agreed to by the parties hereto:
Contractor's MitialsV District's initials
20. 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. 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.
21. Assignment. The Contractor shall not assignor transfer by operation of law or otherwise any or all of its rights, burdens,
duties or obligations without the prior written consent of the District.
22. L--ding Eff cl'. This Agreement shall inure to the benefit of and shall be binding upon the contractor and the District
and their respective successors and assigns.
2J. 5everabilirv. 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.
24. Waiver and Amendments. This Agreement may be amended, modified, superseded, cancelled, renewed or extended,
and the terms and conditions hereof may be waived, only by a written instrument signed by the parties or, in the case
of a wain, r, by the party waiving compliance. The waiver by any party hereto of a breach of any provision of this
Agreement snall not operate or be construed as a waiver of any subsequent breach.
25. Coy -nine Law. T'.-i's Agreement shall be governed by and construed in accordance with the laws of the State of
Cali "c_nia and venue shall be in the appropriate Superior court in Fresno, California.
26. f'_ttc:ney's Fees. Tl enon-prevailing party in any dispute !order this Agreement shall pay all costs and expenses,
including expert witness fees and attorney's fees, incurred by the prevailing party in resolving such dispute.
Fresno Unified Independent Contract 51
27. 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 to or sent by
registered or certified mail to the last business address known to the person who gives thenotice.
District:
Fresno Unified School District
Purchasing Department
4498 N. Brawley Avenue
Fresno. CA 93722
c: ?is::Mariagement Fresno
Unified School District 2309
Tulare Street
Fresno, CA 93721
Contractor: City of Fresno PARCS Department
Name: Georgeanne White
Address:
1515 E. Divisadero St.
Fresno, CA 93721-1115
28. 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.
29. 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.
30. Construction. The rule of construction that any ambiguity in an agreement be construed against the drafter of such
agreement shall not apply to this Agreement.
31. 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.
32. 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.
33. 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.
Fresno Unified Independent Contract 61 1' n g
Executed at Fresno, California, on the date and year first written above.
DISTRICT CONTRACTOR
Fresno Unified School District City of Fresno PARCS Department
Patrick Jensen, Interim Chief Financial Offic
Name: Georgeanne White ,Title: City Manager
Mar 2, 2023
Date Date
Risk Management
Apprcved ,ks 7o Form:
Stacey Sandoval, Executive Director
Date
Fresno Unified Independent Contract 71 P a.g °
Final Audit Report
S,'�,
2023-03-02
"City of Fresno PARCS Swim Lessons 2023" History
Document created by Francine Pedersen (francine.pedersen@fresnounified.org)
2023-03-02 - 6:12:28 PM GMT- IP address: 206.78.213.122
Do--ument ernailec to Georgeanne White (georgeanne.white@fresno.gov) for signature
2023-03-02 - 6:18:56 PM GMT
Email viewed by Georgeanne White (georgeanne.white@fresno.gov)
2023-03-02 - 7:58:39 PM GMT- IP address: 198.200.238.254
Document e-signed by Georgeanne White (georgeanne.white@fresno.gov)
Signature Date: 2023-03-02 - 8:03:37 PM GMT - Time Source: server- IP address: 198.200.238.254
Document emailed to Jeremy Ward Qeremy.ward@fresnounified.org) for signature
2023-03-02 - 8:03:39 PM GMT
Email viewed by Jeremy Ward Qeremy.ward@fresnounified.org)
2023-03-02 - 8:08:59 PM GMT- IP address: 104.47.57.126
Document e-signed by Jeremy Ward Qeremy.ward@fresnounified.org)
Signature Date: 2023-03-02 - 8:09:14 PM GMT - Time Source: server- IP address: 206.78.212.205
Agreement completed.
2023-03-02 - 8:09:14 PM GMT
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