HomeMy WebLinkAboutFresno Unified School District Independent Contractor Services Agreement - Youth Job Preparation Program-PARCS $112,000fi ¡{-82L
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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
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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.
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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.
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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
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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.
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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.
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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
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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