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HomeMy WebLinkAboutFresno Unified School District Independent Contractor Services Agreement - Youth Job Preparation Program-PARCS $112,000fi ¡{-82L 4 lz4l tS Prcparìng Cmeer Ready Graduøles t"#-Fresno Unified School District Contract Approval Form Vendor Name: City of Fresno Parks and Recreatiol (5se) 62r-2900 Manuel Mollinedo 0. cr) I 5 l5}(Divisadero Fresno Ca 93721 Address Phone Number Term (Duration): FUSD Contract Administrator: Vendor Contact 08n7t2015 through 06130t20t6 Eunique Johnson Nante College & Career Readiness (ss9) 248-7461 Site/Department T-elephone Nutnber Budget: 060-various dept-6010-198 l-4000-5899 ( F utd-Un i t- D ep t. -Ac t ivi ty - O bj ect) Annual Cost S 112,000.00 (contlact will not be authorized to exceed this amount w/o BoE approval) Fingerprint Requirements: All individuals providing services under this contract are in compliance with the requirements of the "Michelle Montoya" Act, as required therein.Yes I*" Scope of Work Summary: The City of Fresno's Youth Job Preparation Progratr provides shrdents the tools needed to attain enrployment. Students participating in this program receive help and support in thejob application proccss, erlployer interviews and work expectations. In addition, sttldents also create professional resume, reference list, a five yearplan, as well as receive help in completing applications and develop cover letters. Date Item is to appear on Board of Education Agenda: Reviewed & approved by Cabinet Level Officer: Reviewed & apploved by Director, Risk Management: Please return ''-"åã "T.irå.,,"' Peggy Lucio College and Career Readiness Date (s59) 248-7s35 Reviscd I 0/27i t4 Name TelephoneDepartment Fresno Unified Independent Contract Fresno Unified School District Independent Contractor Services Agreement GENERAL INFORMATION: School/Department: College & Career Readiness Budget: 060-various dept-6010-1981 District Contact Person: Eunique Budget Manager Approval: Contractor Vendor Name: City no Parks and Recreation Contractor's Contact Person: Manuel Mollinedo Contractor's Title:Director l. Contractor Services. Contractor agrees to provide The City of Fresno's Youth Job Preparation Progratn provides students the tools needed to attain ernployment. Students participating in this prograrn receive help and support in the job application process, employer interviews and work expectations. In addition, shrdents also create professional resumc, reference list, a five year plan, as well as receive help in completing applications and develop cover letters. Preparìng Career Ready Gruduøles Contractor Phone Number: (559) 621-2900 Contractor E-mail: Manuel.Moltinedo@fresno.gov Contractor Address: 1515 XDivisadero Fresno Ca 93721 contracror' s Taxpayer. r¡+'oiLË3r + : 94-600033 I This Independent Contractor Seruices Agreement is nrade and entered into effective Aueust ûlh-ZQ!5 (the ,,Effective Date'.)byandbetweentheFresnoUnifiedSclroolDistrict(..District,')andci,'"r¡ffi(..Contractor',). Revised l0/27114 Fresno Unified lndependent Contract 2 J 4 Contractor Qualifications. Contractor represents that it has in effect all licenses, permissions and has otherwise all legal qualifications to perform this Agreement. Term. This Agreement shall begin on 0811712015 , and shall terminate on 0613012016 There shall be no extension ofthe term ofthe agreement w¡thout express wriften consent from all parties. Pavment. District agrees to Contractor at followingrate of $ 16. 16 per hour . Checks will be made payable to sñaÍi-Eè timiteffiiñount written in this paragraph, unless ctor within thirty (30) days of receipt of detailed invoice. Incidental Expenses: a. Lodging $ ---A.ctual cost of single occupancy. Not to exceed $100 per night. +Receipt Required.b. Meals $ Reirnbursenrent linlited to actual cost up to the following rates: Breakfast 512.20, Lunch $18.30, Dinner $30.50. *Receipt Required. c' Travel $ Actual cost by cotntllon carrier. Private car expenses will be reirnbursed at the current standard business IRS rnileage rate. d. Supplies $ As negotiated with school/department contracting for service.e. Total Estimated Cost (Sum of paragraphs 4 and 5a d): $ 500,000 f. Other S Contract will not be authorized to exceed S15.000 without Board of Education approval. CaIPERS & CaISTRS. Are you a CalpERS or CaISTRS retiree? california Residency. contractor is a resident of the state of califomia: Conflict of lnterest. Contractor does not have, nor does the Contractor anticipate having, any interest in real property, investments. business interest in or income fro¡n 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. Ternrination of Agreelrent. Either District or Contractor may terminate this Agreement at any time for any reason upon writtennotice. Intheeventofearlytermination,Contractorshall bepaidforsatisfactoryworkperformedtothedateoftermination. Ttre District may then proceed with the work in any manller the District deems proper. Indemnitv' The Contractor shall defend, indemni$, and hold harmless the District and its agents, ernployees, 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 ploperty or delay or damage to the District, its agents, employees, Board of Trustees, members of the Boa|d of Trustees, fol 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 shalI not be construed to negate, abridge, or reduce other rights or obligations of indemnity, which would other.wise exist as to a parfy, person, or entity described in this paragraph. Insurance, Without limiting Contractor's indemnification, it is agreed that Contractor shall secure and maintain in force during the term of this Agreemelrt a Comnrercial General Liability policy (Contractual liability included) utilizing an occurrence policy form, with limits of not less than one million ($1,000,000,000) dollars per occurrence, tow million ($2,000,000) annual aggregate limit. Business Autonrobile Liability Insurance shall be maintained for owned, scheduled, non-owned or hired autornobileswithacombinedsinglelimitnotlessthanonenrillion($1,000,000)dollarsperoccurrence. TheDistrictshall be named as an additional insured on the policies by separate endo¡sement. A Cerlificate of lnsurance and Endorsements shall be attached to the Agreement as proof of insurance. The Contractors policy shall provide that it is primary such that insurance maintainedbytheDistrict,ifany,shall beexcessandnotco-prirnary. Contractorshall producethepolicyforDistrict.upon request. Independent Contractor Status. While engaged in carrying out the terms and conditions of the contract, the Contractor is a' independent contractor, and not an officer. employee, agent, partner, orjoint venture ofthe District. Worker's Compensation lnstrrance. Contractor agrees to provide all necessary worker's compensation insurance for Contractor's ernployees, if any, af Contractor's own cost and expense. tr ø 6 7. 8. 9. 10. il Yes Yes øT No No t2 l3 l4 J Rcviscd l0/27,/14 Fresno Unified Independent Contract t5.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. Payn.rents to the contractor pursuant to this Agreement will be reported to Federal and State taxing authorities as r'equired. District will not withhold any money from compensation payable to Contractor. In particular, district will not withhold FICA (Sociat 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. 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 of the District. Binding Effect. This Agreement shall inure to the benefrt of and shall be binding upon the contractor and the District and their respective successors and assigns. Severabilitv. 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. 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. Governins 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. 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 the notice. l6 t7 t8 19. 20 2t District: Paul Rosencrans Purchasing Department Fresno Unified School District 4498 N. Brawley Avenue Fresno, CA 93722 c: Andrew De La Torre Benefits & Risk Management Fresno Unified School District 2309 Tulare Street Fresno. CA 93721 Contractor: City of Fresno Parks and Recreation ManuelMollinedo Nante ø. p) 1515 }(Divisadero Fresno Ca9372l Address 22 23 Nolr-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 ol religious creed. Therefore, the Contractor agrees to comply with applicable lederal and California laws. 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 Agreement. This Agreement is intended by the Parties as the final expression of their agreement with respectto 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. 24 Rcviscd l0/27114 Fresno Unified lndependent Contract 4li' .t t INSURANCE. Reouired Insurance. Without limiting the indemnification of each party as stated herein, it is understood and agreed that DISTRICT and CITY shall each maintain, at their sole expense, insurance policies or self-insurance programs including, but not limited to, an insurance pooling arrangement and/or Joint powers Agreement to fund their respective liabilities including general liability, automotive liability, workers'compensation and employers liability as stated below. Evidence of Insurance, ê.g.,Ceftificates of Insurance or other similar documentation, shall beprovided at the request of either party under this Agreement. Commercial general liability insurance with limits of not less than g1,000,000 per occurrence for broad form property damage, bodily injury, -personal injury, and products and completed operations coverage of the same limits as the policy limits with a general aggregate of not less than 92,000,000. This insurance shall include blanket contractual liability. This insurance shall be endorsed to include DISTRICT and it's agents, employees, Board of Trustees, members of the Board of Trustees as additional insureds. Commercial Automobile liability insurance covering all owned, non-owned, and hired vehicles with a cor¡bined single limit for bodily injury and property damage of not less than 91,000,000. Workers'compensation insurance and employer's liability insurance, each with limits of not less than 91,000,000. Conditions Aoplicable to Reouired Insurance. Insurer Rating. The insurance required above, if it is provided through insurer(s), shall be provided by insurer(s) that have an A,M. Best rating ofãt least A-:VII or higher. DISTRICT, in its sole discretion, ffiây waive this requirement. Contractor's Insurance Primary. Contractor's insurance shall be endorsed to be primary. Such endorsement shall state that DISTRICT's insurance coverageis excess of Contractor's insurance coverage and will not contribute wiih Contractor's insurance with respect to any claims, lawsuits, actions, and/or liability relating to this Agreement and arising out of any act or omission of, orcaused bY , Contracto r and/or Contractor's governing body, officers, employees, volunteers, agents. Proof of Insurance and Notices. Contractor shall provide proof of the required insurance to DISTRICT before commencing any Services, including copies ofall endorsements required above. If the required insurance is provided through insurer(s), the following shall apply: (1) the insurance shall be endorsed to require that each insurer mail a written notice to DISTRICT no later than 30 days before the effective date of any cancellation, non-renewal,or reduction of coverage of the insurancel. (2) upon DISTRICT's request, Contractor shall provide DISTRICT with a certified copy, or other proof satisfactory to DISTRICT, of any or all of the required insurance; and (3) Contractor shall provide DISTRICT with proof of renewal of the required insurance, including any required endorsements, at least 15 days before the insurance expires. 25 27. Execution of Other Documents. The parties to this Agreement shalf 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. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A çopy, or an original. with all signatures appended together, shall be deemed a fully executed agreement. Board Approval' For contracts in excess of $ I 5,000.00, 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 City of Fresno Parks and Recreation Manuel Director 4lrl Dale ATTEST: YVONNE M. SPENCE, CMC Ciry Clerk -' n' -- Date Fresno Unified School Dist Date Dale Approved As To Form: De La Torre, Directoi Approved As To Form: City Attorney randon M. Collet, Deputy q)=ol ts Revis€d l0/27114 Fresno Unifi ed Independent Contract sl