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HomeMy WebLinkAboutFresno Unified School District Independent Contractor Services Agreement-SPARK After School Program-PARCSH tS-821 l lzt ¡ ¡5 çpþ) 1515 ),fDivisadero Fresno Ca9372lVendor Name: City of Fresno Parks and Recreatiol (ssg) 62r-2e00 Manuel Mollinedo Adclress Fresno [inified School District Contract Approval Form Preparing Cøreer Ready Grøduates Phone Number Term (Duration): FUSD Contract Administrator: Vendor Contqct 08n2t20ts through 06130120r6 Euni Johnson Name College & Career Readiness (ss9) 248-7461 Site/Department Telephone Number Budger: 060-various dept-6010-1981-4000-5899 ( F ttnd - Uni t - D ep t. -A c t iv i ty - O bj e c t) Annual Cost $ 500,000.00 (Contract 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.17"",E*" Scope of Work Summary: Fresno City Parks and Recreation will provide trained staff to work within the FUSD Elementary After School program. parks and Recreation Departmetlt employees provide sfudent supervision, enrichrnent activities, and physical fitness activities using the "SPARK" After school Fitness Program developed by san Diego State university. Date Item is to appear on Board of Education Agenda: Reviewed & approved by Cabinet Level Officer: Reviewed & approved by Director, Risk Management: Date (5se) 248-7s3s Please return,oä "äi'å",.' Peggy Lucio College and Career Readiness Revised l0/27114 Name Telephone lll'r¿r. Department Fresno Unified Independent Contract Preparìng Career Ready Graduates Fresno flnified School District Independent Contractor Services Agreement GENERAL INFORMATION: School/Department: College & Career Readiness Budget: 060-various dept-6010-1981 District Contact Person: Eunique fohnso Budget Manager Approval: Contractor Vendor Name: City Parks and Recreation Contractor's Contact Person: Manuel Mollinedo Contractor's Title:Director Contractor Phone Number: (559) 621-2900 Contractor E-mail: Manuel.Mollinedo@fresno.gov Contractor Address: l5l5 ëD Nisadero Fresno Ca 93721 Contractor's Taxpayer ID# or SSN#: 94-6000333 This Independent Contractor Services Agreement is made and entered into effective Aueust l3th. 2015 (the..Effective Date,')byandbetweentheFresnoUnilredSchoolDistrict(..District,')*aciryorrffi.(..Contractor''). l. Contractor Services. Contractor agrees to provide Fresno City Parks and Recreation will provide trained staff to work within the FUSD Elementary After School program. parks and Recreation Department employees provide student supervision, enrichment activities, and physical fitness activities using the "SPARK" After school Fitness Program developed by san Diego state universify. Revised 10i27i l4 Fresno Unified lndependent Contract 2lI' ¿ ¿ ." 3. 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 shalf begin on 0811?112015 , and shall terminate on 0613012016 5. There shall be no extension ofthe term ofthe agreement without express written consent from all parties. Pavment. District agrees to Contractor at followingrate of $ 16.16 per hour . Checks will be made payable to City of Fresno Parks and Recreation . Payment shall be timlie¿ toffiirnt written in this paragraph, unless specifically indicated in Paragraph 5. District agrees to pay Contractor within thirty (30) days of receipt.of detailed invoice. Incidental Expenses: a. Lodging $-Actual cost of single occupancy. Not to exceed $100 per night. *Receipt Required. b. Meals $-Reimbursetnent limited to actual cost up to the following rates: Breakfast $12.20, Lunch $ 18.30, Dinner $30.50. *Receipt Required. c. Travel $-Actual cost by comtnon carrier. Private car expenses will be reimbursed at the current standard business IRS mileage rate. d. Supplies $-As negotiated with school/department contracting for service. e. Total Estimated Cost (Sum ofparagraphs 4 and 5a- d): $ 500,000 f. Other g _ Administrative Fee per New Hire Contract will not be authorized to exceed $15,000 without Board of Education approval. CaIPERS & CaISTRS. Are you a CaIPERS or CaISTRS retiree? California Residency. Contractor is a resident of the state of California: 9. Conflict of Interest. Contractor does 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. 10. Ternrination 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. I l. Indemnitv. The Contractor shall defend, indemnifu, 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, subcoutractors, 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 othelwise exist as to a party, person, or entity described in this paragraph. 12. Insurance. Without limiting Contractor's indemnification, it is agreed that Contractor shall secure and maintain in force during the term of this Agreement a Commercial General Liability poticy (Contractual liability included) utilizing an occuruence policy form, with limits of not less than one million ($1,000,000,000) dollars per occunence, tow million ($2,000,000) annual aggregate limit. Business Automobile Liability Insurance shall be maintained for ovyned. scheduled, non-owned or hired automobileswithacombinedsinglelimitnotlessthanonemillion($1,000,000)dollarsperoccurrence. TheDistrictshall be named as an additional insured on the policies by separate endorsement. A Certificate 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-primary. Contractorshall producethepolicyforDistrict,upon request. 13. 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, paftner, orjoint venture ofthe District. 14. Worker's Compensation Insurance. Contractor agrees to provide all necessary worker's compensation insurance for Contractor's employees, if any, at Contractor's own cost and expense. 2. 4. 6 7. 8. l_l'", Ø*" |-2"., I*" Revised l0/27l14 Fresno Unified Independent Contract 3lr.) ¿ i l5 Taxes. Contractor agrees that Colrtractor has no entitlement to any ñrture 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 ofall 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 benefit 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. 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. Vy'ritten 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 ofhcer of the corporation for whom it was intended, or if delivered to or sent by registered or certif,red mail to the last business address known to the person who gives the notice. l6 t7. l8 19 20 2I 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 Manuel Mollinedo Name É.@e\ 1515 NDivisadero Fresno Ca9372I Address 22. 23 24. Non-Discrimination. It is the policy of the District that there shatl be no discrimination against any of Contractor's prospective or active employees because ofrace, color, ancestry, national origin, sex or religious creed. Therefore, the Contractor agrees to comply with applicable federal 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 inserled 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 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 ofany prior agreement or ofa contemporaneous oral agreement, nor explained or supplemented by evidence ofconsistent additional terms. Revised l0/27114 Fresno Unified lndependent Contract 411> t 1t. t INSURANCE. Required fnsurance. 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 pôwers Agreement to fund their respective liabilities including general liability, automotive liability, workers'compensation and employers liability as stated below, Evidence of Insurance, ê.g.,Certificates of Insurance or other similar documentation, shall be provided at the request of either party under this Agreement. Commercial general liability insurance with limits of not less than $1,000,000per 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 Autoi¡obile liability insurance covering all owned, non-owned, and hired vehicles with a combined single limit for bodily injury and property damage of not less than $1,000,000, Workers'compensation insurance and employer's liability insurance, each with limits of not less than $1,000,000. Conditions Aoolicable to Required fnsurance. 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 wa¡vã 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 with 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, Contractor 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 insurance i Q) 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' Execution of other Documents' The parties to this Agreement shall cooperate fully in the execution of any and all otherdocuments and in the completion of any additional actions that may be necessary or appropriate to give full force and effect tothe terms and intent of this Agreemen 26' Execution in Counterparts' This Agreernent may be executed in counterparts such that the signatures may appear on separatesrgnature pages' A copy. or an original, with all signatures appended together, shall be deemed a fully executed agreement. 27' BoardApproval'Forcontractsinexcessof$l5,000.00,theeffectivenessofthisAgreementiscontingentupontheapproval ofthe Fresno Unihed School District Board of Education. Executed at Fresno, carifornia, on the date and year first written above. DISTRICT CONTRACTOR Fresno Unified School City of Fresno Parks and Recreation ManuelMollinedo, Director Approved As To Fornr ndrew De La Torle, Direclor BeneJiß and Risk Managenrcnt 4l¿a l,< Dale Approved As To Form: DOUGLAS T. S landon M. Collet, Deputy Dale ATTEST: YVONNE M. SPENCE, CMCCiry Clerk Rcvised I0/27114 Iìrcsno Uni fÌed Independent Contract