HomeMy WebLinkAboutFresno Unified School District Independent Contractor Services Agreement-SPARK After School Program-PARCSH tS-821
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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
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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.
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8.
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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.
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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
Manuel Mollinedo
Name
É.@e\
1515 NDivisadero Fresno Ca9372I
Address
22.
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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