FY2023-24 1
CONTRACT NO. C-8340
SPONSOR RECIPIENT
City of Anaheim (“SPONSOR”) CSU Fullerton Auxiliary Services Corporation (“ASC”)
ASC, a non-profit corporation which is a recognized
auxiliary organization serving California State University, Fullerton (CSUF), operating pursuant to California
Education Code § 89900, et seq. and California Code of
Regulations Title 5, § 42400, et seq.
Address: 200 S. Anaheim Boulevard
Anaheim, CA 92805
Address: 1121 N. State College Boulevard
Fullerton, CA 92831-3014
Project Title: City of Anaheim – Internship Program
Amount: $83,596.00 TIN: 95-2081258
Effective Period: 04/20/2024 – 04 /20/2025 DUNS: 106670755 General Terms and Conditions
SPONSOR and ASC may be referred to individually as a “Party,” and collectively as “Parties.”
1. Scope of Work and Budget. ASC shall be responsible for the tasks described in the Statement of Work (“WORK”) which is attached and incorporated herein as Exhibit A. In consideration of the work to be conducted by ASC, SPONSOR shall pay ASC amount not to exceed contract amount, in accordance with Exhibit B, attached hereto, but in no event will the annual Contract amount exceed $83,596.00. WORK identified in Exhibit A may be added to, amended or deleted as agreed to in writing by the Parties. In the instance of SPONSOR, the Public Utilities General Manager or designee has the authority to approve such additions, modification, and deletions to Exhibits A and B.
2. Term. The term of this Contract shall commence on April 20, 2024, and shall be for a period of one year (“Initial Term”), unless terminated earlier as set forth in Section 4 herein (“Term”).
Thereafter, the Contract shall automatically be renewed on each successive annual anniversary date of the Initial Term date for four successive one-year terms (each a “Renewal Term”) by SPONSOR on the same terms and conditions as set forth herein for a total term not-to-exceed five (5) years (up to April 20, 2029) unless SPONSOR notifies ASC of its intention not to renew the Contract not less than three (3) months prior to commencement of a succeeding Renewal Term.
3. Billing and Payment. ASC shall submit monthly itemized invoices to SPONSOR in accordance with Exhibit B. Upon review and approval, SPONSOR agrees to pay each invoice in total, within thirty (30) days of receipt. Invoices shall be submitted to the SPONSOR’s Administrative Contact provided in Exhibit C. SPONSOR’s payment shall be by check, payable to “CSU Fullerton Auxiliary Services Corporation” and mailed to ASC’s Administrative Contact provided in Exhibit C.
4. Termination. Either Party may terminate this Contract upon thirty (3 0) days advance written notice to the other P arty. In the case of SPONSOR, the Public Utilities General Manager or designee is authorized to terminate the Contract as stated herein. Upon termination of this FINAL
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FY2023-24 2
Contract, ASC agrees to submit all applicable deliverables to SPONSOR and SPONSOR agrees to compensate ASC for all expenses, including non -cancellable obligations, reasonably incurred by ASC in the performance of its work under this Contract through the date of termination.
5. Modification or Waiver. No part of this Contract shall be modified without the express written consent of both Parties. The waiver by one P arty of any breach of any term or condition of this Contract shall not be construed as a waiver of any similar or other breach of any term or condition of this Contract. Nor shall said waiver be construed as a continuing waiver of the original breach.
6. Independent Contractor. ASC shall, during the entire term of this Contract, perform all WORK as an independent contractor and not an employee of SPONSOR. This Contract is not intended, nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow SPONSOR to exercise discretion or control over the professional manner in which ASC performs the WORK that are the subject matter of this Contract. The WORK to be provided by ASC, however, shall be provided in a manner consistent with all applicable standards and regulations governing such WORK. ASC shall pay all salaries and wages including fringe benefits, employees’ social security taxes , unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes.
7. Assignment. No part of this Contract may be assigned by either Party without the prior written consent of both Parties.
8. Indemnification. SPONSOR agrees to defend, indemni fy and hold harmless CSU Fullerton Auxiliary Services Corporation (ASC), California State University, Fullerton (CSUF) , the Trustees of the California State University , the State of California , their officers, employees, students working at SPONSOR’s facilities, and agents from and against all liability, loss, expense (including reasonable attorney’s fees), or claims for injury of damages arising out of the performance of this Contract excepting that which arises out of the sole negligence of ASC.
ASC, California State University, Fullerton (CSUF), and Trustees of the California State University agree to defend, indemnify and hold harmless SPONSOR, its officers, employees, elected and appointed officials, and agents from and against all liability, loss, expense (including reasonable attorney’s fees), or claims for injury of damages arising out of the performance of this Contract excepting that which arises out of the sole negligence of SPONSOR.
9. Insurance. Without limiting the Parties’ rights to indemnification, ASC and SPONSOR warrant that each Party has and will maintain Workers’ Compensation Insurance as required by California law and Employer’s Liability Insurance, in an amount not less than one million dollars ($1,000,000) per occurrence; Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability of not less than one milli on dollars ($1,000,000) per occurrence and two million dollars ($2,000.000) annual aggregate; and Comprehensive A utomobile Liability Coverage Insurance of not less than one million dollars ($1,000,000) per occurrence, combined single limit, as required by California law applicable to all owned, non-owned, and hired vehicles.
The Parties agree that the aforementioned Insurance requirements can be met using a Party’s applicable Self-Insurance program where applicable.
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10. Force Majeure. If by reason of force majeure ASC’s performance hereunder is delayed, hampered or prevented, then the performance by the ASC shall be extended for the amount of time of such delay or prevention. The term “Force Majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest; embargo, riot, war, insurrection or civil unrest; any act of God, any act of legally constituted authority; or any other cause beyond ASC’s control, which would excuse the ASC’s performance as a matter of law. Each Party agrees to give the other Party written notice of an event of force majeure under this Paragraph within ten (10) days of the commencement of such event and within ten (10) days after the termination of such event.
However, inadvertent failure to give notice shall not bar a Party from giving such notice within a reasonable time thereafter.
11. Nondiscrimination. ASC and SPONSOR shall comply with all applicable federal and state laws and statutes related to nondiscrimination, including those Acts and amendments prohibiting discrimination on the basis of race, color, natural origin, gender, handicap or disability, sexu al preference, drug addiction and alcoholism.
12. Retention of Records. ASC and SPONSOR agree to maintain and preserve all records relative to this Contract, for three (3) years after termination. ASC and SPONSOR agree to permit each other or any of its duly authorized representatives to have access to and to examine and audit, any pertinent books, documents, papers, and records related to this contract. Furthermore, all records related to this Contract shall be reasonably available for inspection by the State of California.
13. Severability. Should any part, term, or provision of this Contract, be declared or determined by any court or other tribunal or appropriate jurisdiction to be invalid or unenforceable, any such invalid or unenforceable part, term, or provision shall be deemed stricken and severed from this Contract any and all of the other terms of this Contract shall remain in full force and effect.
14. Disputes: Resolution of disputes of a technical nature shall be resolved through good faith negotiations. Any dispute arising under or related to this Contract shall be resolved to the maximum possible extent through negotiations and settlement. Failing settlement, despite good faith efforts by both Parties, any such unresolved issues may be addressed by employing whatever remedies exist in law or equity beyond this Contract.
15. Applicable Law. This Contract and any disputes concerning it shall be interpreted under the laws of the State of California.
16. Debarment, Suspension, and Other Responsibility Matters. Both Parties certify, by signing this Contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any United States federal department or agency.
17. Work Product. All documents or material prepared or caused to be prepared by ASC, their officers, employees, students, and agents, in the course of implementing this Contract, shall become the exclusive property of SPONSOR, and SPONSOR shall have the sole right to use such materials in its discretion without further compensation to ASC or any other Party.
Teresa Chen, Deputy City Attorney
4/3/2024
APPROVED AS TO FORM:
ANAHEIM CITY ATTORNEY'S OFFICE
Contract No. C-8340
FY2023-24 5
Exhibit A – Scope of Work
[ATTACHED BEHIND THIS PAGE]
Exhibit B – Contract Amount
[ATTACHED BEHIND THIS PAGE]
Exhibit C – Contact Information
[ATTACHED BEHIND THIS PAGE]
CONTRACT NO. C-8340
EXHIBIT A- SCOPE OF WORK
The Scope of Work ("WORK") is intended to outline the collaborative efforts of the Parties for the purpose of providing CSUF interns to work at the City of Anaheim ("City").
I. SCOPE OF WORK
California State University, Fullerton ("CSUF") will collaborate with City of Anaheim to coordinate, develop, implement, and administer an internship program at the City designed to highlight and promote careers in the public sector and utility industry. While such WORK will support activities to attract and select qualified interns to work for the City of Anaheim, a majority of such WORK will be provided through the CSUF Center for Educational Partnerships.
A. A Career Center and the Center for Educational Partnerships ("Career Center") Liaison will work collaboratively with a City of Anaheim Liaison to develop, coordinate, and implement an internship program ("City of Anaheim College Internship Program" or "Internship Program"). CSUF will assign resources to develop, oversee, and participate in the marketing strategy and marketing efforts to attract and recruit students for the City of Anaheim Internship Program. CSUF shall identify potential students who attend CSUF that are from Anaheim and/or attended Anaheim Union High School District ("AUHSD"), to ensure those students are made aware of or learn about the Internship Program. CSUF shall provide information in response to student questions/inquiries about the Internship Program. All student personal information will remain confidential at all times.
B. CSUF staff will annually create and implement a recruitment timeline to identify and select CSUF students who meet the eligibility requirements to intern at the City of Anaheim for a Fall Internship (August - December), Spring Internship (January - May), or Summer Internship (June – August).
C. CSUF will provide an annual Professional Development Series ("Professional Development"), spanning five sessions for selected interns. Aimed at preparing students for their internship opportunity at City of Anaheim, the Professional Development series is where CSUF students will receive information related to their future internship and career readiness. The Professional Development program activities and training will be created by the Career Center and City of Anaheim. Delivery of the Professional Development program activities and training will be provided by the Career Center at the CSUF campus and virtually.
D. CSUF will administer the Internship Program and will conduct bi-weekly check-ins with the student interns. CSU Fullerton Auxiliary Services Corporation ("ASC") will issue invoices to the City to facilitate payment to the CSUF students. Student interns will be assigned to the City of Anaheim staff that will oversee their day-to-day operational activities.
E. CSUF will thoroughly evaluate all Internship Program components by developing student survey questionnaires and administering a pre-Internship Program and post-Internship Program surveys to evaluate the effectiveness of the direct services provided to CSUF students.
CONTRACT NO. C-8340
City of Anaheim - Department
A. The City of Anaheim will assign a Liaison to facilitate communication and Internship Program implementation between the City of Anaheim and California State University, Fullerton - Career Center and Center for Educational Partnerships.
B. The City of Anaheim shall collaborate with CSUF-Career Center and the Center for Educational Partnerships to schedule dates of when the Internship Program shall being and end, City locations where the interns will be assigned to work, assignment of supervising personnel, contract information, etc.
C. The City of Anaheim shall provide space at City facilities for an appropriate collaborative and learning setting for internship opportunities.
CONTRACT NO. C-8340
EXHIBIT B – BUDGET JUSTIFICATION
Wages ……………………………………………………………………………………………… $31,334.00 6 Student Interns Wages plus their Fringe
$22/hour x 225 hours/student $29,700.00 Fringe Benefits/Payroll Taxes and/or Insurance (5.5%) $ 1,634.00
Internship Program Costs ………………………………………………………………… $35,012.00
1 coordinator: $24/hour, 20 hours per week for 52 weeks $24,960.00 Fringe Benefits/Payroll Taxes and/or Insurance (11.15%) $ 2,783.00
Travel costs (mileage) for Coordinator to visit program sites $469.00 Approximately 700 miles at 0.670/mile
Silver Level Programing, Pre-Internship Training $3,200.00 and Intern Professional Dev. Seminars (5)
Facilities ($1,000) $1,000.00
Food ($20 per intern, 5 sessions) $600.00
Instructional materials and supplies $2,000.00
Indirect Costs (26%) …………………………………………………….………………… $17,250.00
TOTAL…………………………………………..……………………………………………….. $83,596.00
Billing and Payment: ASC shall submit monthly itemized invoices to SPONSOR for all costs incurred in the preceding month. Upon review and approval, SPONSOR agrees to pay each invoice in total, within thirty (30) days of receipt of each invoice.
CONTRACT NO. C-8340
EXHIBIT C – CONTACT INFORMATION
All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either SPONSOR or ACS to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses:
By notice sent to the Parties, any Party may designate different persons or different addresses for the giving of notices hereunder.
SPONSOR ASC
Administrative Contact
Name: Melinda Avelino-Walker
Address: City of Anaheim, Public Utilities
201 S. Anaheim Boulevard, Suite 1101
Anaheim, CA 92805
Telephone: 714-765-5026
Email: [email protected]
Administrative Contact
Name: Olga Riveron, Associate Director
Address: Office of Sponsored Programs
CSU Fullerton Auxiliary Services Corporation
1121 N. State College Boulevard
Fullerton, CA 92831-3014
Telephone: 657-278-4113
Email: [email protected]
Principal Investigator or Program Point of Contact
Name: Adriana Badillo
Address: California State University, Fullerton
Educational Partnerships
Division of Student Affairs
1111 N. State College Blvd., TH 1220
Fullerton, CA 92831
Telephone: 657-278-8280
Email: [email protected]
Financial Contact
Name: Olga Riveron, Associate Director
Address: Office of Sponsored Programs
CSU Fullerton Auxiliary Services Corporation
1121 N. State College Boulevard
Fullerton, CA 92831-3014
Telephone: 657-278-4113
Email: [email protected]
Authorized Official
Name: Dukku Lee
Title: Public Utilities General Manager
Address: City of Anaheim, Public Utilities
201 S. Anaheim Boulevard, Suite 1101
Anaheim, CA 92805
Telephone: 714-765-4126
Email: [email protected]
Authorized Official
Name: Charles D. Kissel
Title: Executive Director
Address: CSU Fullerton Auxiliary Services Corporation 1121 N. State College Boulevard
Fullerton, CA 92831-3014
Telephone: 657-278-4100
Email: [email protected]