Agreement No. 2027-008
Pacifica School District
Agreement with Independent Contractor
Contractor Name and Contact Information
(“Contractor”):
Name of Company: City of Pacifica Parks, Beaches & Recreation Name of Primary Contact Person: Scott Leslie
Address: 540 Crespi Drive, Pacifica, CA 94044
Telephone Number: (650) 446-4683
Email address: [email protected]
Upon completion of work or agreed-upon work periods, mail invoice with above Agreement Number to:
Pacifica School District
Attention: Business Office
411 Oceana Blvd.
Pacifica, CA 94044
It is agreed between the Pacifica School District (“District”), and Contractor as follows:
1. Services to be Performed by Contractor. In consideration of the payments hereinafter set forth, Contractor shall perform services for the DISTRICT in accordance with the terms, conditions, and specifications set forth herein and in Exhibit A, attached hereto.
2. Contract Term. The term of this Agreement shall be from 07/01/2026, to 06/30/2027, unless terminated earlier pursuant to Section 10.
3. Payments. In consideration of the services rendered in accordance with all terms, conditions, and specifications set forth herein and any Exhibit(s) or attachment(s) attached hereto, the DISTRICT shall make payment to Contractor in the manner specified herein and in Exhibit A. In the event that the DISTRICT makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the DISTRICT at the time of contract termination. The DISTRICT reserves the right to withhold payment if the DISTRICT determines that the quantity or quality of the work performed is unacceptable. In no event shall total payment for services under this Agreement exceed ONE HUNDRED FOURTY SIX THOUSAND FOUR HUNDRED dollars ($146,400).
4. Relationship of the Parties. Contractor agrees and understands that the work/services performed under this Agreement are performed as an Independent Contractor and not as an employee of the DISTRICT and that neither Contractor nor its employees/agents acquires any of the rights, privileges, powers, or advantages of DISTRICT employees.
5. Insurance Requirements. Contractor shall procure and maintain for the duration of this contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its agents, representatives, employees or subcontractors.
A. Per Insurance Requirements in Contract:
Type of Coverage: Minimum Requirements
Commercial General Liability Insurance, including Bodily Injury Agreement No. 2027-008
Personal injury, Property Damage, Advertising Injury, and Medical Payments Each Occurrence $ 2,000,000
General Aggregate $ 4,000,000
Automobile Liability Insurance – Any Auto
Each Occurrence $ 1,000,000
General Aggregate $ 2,000,000
Professional Liability Insurance (if applicable) $ 1,000,000 Workers’ Compensation Insurance Statutory Limits
Employer’s Liability Insurance $ 1,000,000
Abuse and Molestation Insurance
Each Occurrence $ 1,000,000
General Occurrence $ 2,000,000
Instructors – including teachers, coaches, childcare, etc Each Occurrence $ 1,000,000
General Aggregate $ 2,000,000
A. Other Insurance Provisions
i. Additional Insured Status - DISTRICT, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). ii. Primary Coverage - For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the DISTRICT, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the DISTRICT, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. iii. Sexual Abuse and Molestation Insurance - In any Scope of Work where direct or incidental contact with students in or out of the classroom setting is likely to take place, Contractor must provide coverage for sexual abuse and molestation which covers bodily injury, emotional distress or mental anguish related to any claim, cause of action or liability associated with child molestation or sexual abuse, with limits no less than $1,000,000 per wrongful act and $2,000,000 aggregate. This coverage may be provided as an endorsement to the Commercial General Liability policy or under a separate policy and must be written on an “occurrence” and not on a claims made or claims made and reported basis. Coverage for such claims must not be subject to any exclusion, restriction, or sub-limit. DISTRICT, its board of trustees, employees, agents, and volunteers must be named as additional insureds with respect to sexual abuse and molestation claims. The coverage must contain a severability of interests/cross liability clause or language stating that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. iv. Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the DISTRICT.
v. Waiver of Subrogation - Contractor hereby grants to DISTRICT a waiver of any right to subrogation which any insurer of said Contractor may acquire against the DISTRICT by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, Agreement No. 2027-008
but this provision applies regardless of whether or not the DISTRICT has received a waiver of subrogation endorsement from the insurer.
vi. Self-Insured Retentions - Self-insured retentions must be declared to and approved by the DISTRICT. The DISTRICT may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or DISTRICT.
vii. Acceptability of Insurers - Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the DISTRICT. viii. Claims Made Policies - If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work. ix. Verification of Coverage - Contractor shall furnish the DISTRICT with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to DISTRICT before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
x. Special Risks or Circumstances - DISTRICT reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
6. Indemnification. Contractor shall indemnify and hold harmless DISTRICT, its officers, agents, and employees from all claims, suits or actions of every name, kind, or description brought for or on account of injuries to or death of any person or damage to property resulting from performance of any work required under this Agreement by Contractor, its officers, agents, employees and/or servants.
The duty of Contractor to indemnify and hold harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein shall be construed to require Contractor to indemnify DISTRICT, its officers, agents, and employees against any responsibility or liability in contravention of Section 2782 of the Civil Code.
The indemnification and hold harmless set forth above includes, but is not limited to, Contractor’s agreement at its sole expense to indemnify DISTRICT, its officers, agents and employees from and defend or settle any claim or action brought against DISTRICT to the extent that it is based on a claim that any services furnished hereunder infringed a patent, copyright, trademark, service mark, trade secret, or other legally protected intellectual property rights. Contractor shall pay all costs, fees (including attorneys’ fees) and other damages which may be incurred by DISTRICT, its officers, agents and employees for any such claim or action or settlement thereof.
7. Confidentiality. All data produced or compiled by Contractor shall be considered confidential unless it can be obtained as public record and shall not be shared with a third party without the prior written consent of the DISTRICT. All financial, statistical, personal, technical, and other data and information relating to the DISTRICT’s operations which is made available to Contractor in order to carry out this Agreement shall be presumed to be confidential. Contractor shall protect said data and information from unauthorized Agreement No. 2027-008
use and disclosure by the observance of the same or more effective procedures as the DISTRICT requires of its own personnel.
Contractor shall not, however, be required by this Section to keep confidential any data or information which is or becomes publicly available, is already rightfully in Contractor’s possession, is independently developed by Contractor outside the scope of the Agreement, or is rightfully obtained from third parties. The requirements of this Section shall survive termination of this Agreement.
8. Live Screen Criminal Background Check Requirements: Contractor, at its sole cost and expense, and as necessary to satisfy the requirements of Education Code (EC) section 45125.1 and 45125.2 or DISTRICT policy, will ensure that all required criminal background checks are timely conducted. If required by EC section 45125.1, Contractor must provide for the completion of a Fingerprint Certification form, in the DISTRICT’s required format, prior to any of the Contractor's employees, or those of any other subcontractors, who are anticipated to come into contact with DISTRICT’s students. Contractor further acknowledges that other fingerprinting requirements may apply, as set forth in Education Code section 45125 et seq., and that Contractor will comply with any such requirements. Contractor further acknowledges and agrees that no Contractor or subcontractor employees, agents or representatives shall come into contact with students if they have been convicted of a violent felony listed in Penal Code section 667.5(c) or a serious felony listed in Penal Code section 1192.7(c). Notwithstanding anything to the contrary herein, if Contractor is an individual operating as a sole proprietor, if required by Education Code section 45125.1(k), it shall be the responsibility of the DISTRICT to prepare and submit that individual’s fingerprints to the Department of Justice.
9. Non-Assignability. Contractor shall not assign this Agreement or any portion thereof to a third party without the prior written consent of the DISTRICT, and any attempted assignment without such prior written consent in violation of this Section shall automatically give the DISTRICT the option to terminate this Agreement without notice.
10. Termination of Agreement. The DISTRICT may, at any time after execution of this Agreement, terminate this Agreement, in whole or in part, for the convenience of the DISTRICT by giving written notice specifying the effective date and scope of such termination. Termination shall be effective on a date not less than thirty (30) days from said notice. In the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and materials prepared by Contractor under this Agreement shall become the property of the DISTRICT and shall be promptly delivered to the DISTRICT. In the event of termination, Contractor shall be paid for all work satisfactorily performed through the date of termination except where the contracting department determines the quality or quantity of the work performed is unacceptable. Such payment shall be that portion of the full payment which is determined by comparing the work/services completed to the work/services required by the Agreement. The DISTRICT may immediately terminate this Agreement based upon unavailability of Federal, State, or local funds by providing written notice to Contractor as soon as is reasonably possible after DISTRICT learns of said unavailability of funding.
11. Payment of Permits/Licenses. Contractor bears responsibility to obtain any license, permit, or approval required from any agency for work/services to be performed under this Agreement at Contractor’s own expense prior to commencement of said work/services.
Failure to do so will result in forfeit of any right to compensation under this Agreement.
12. Retention of Records. Contractor shall maintain all records related to this Agreement for no fewer than three years after the DISTRICT makes final payment or after termination of this Agreement and all other pending matters are closed. All records shall be subject to the examination and/or audit by agents of the DISTRICT, the State of California, other regulatory agencies, and/or Federal grantor agencies.
13. Compliance with State, Federal, and Local Laws, Regulations, and Ordinances. Contractor and all subcontractors shall ensure compliance with all state, federal, and local laws, regulations, or rules applicable to performance of the work required under this Agreement and shall execute all necessary certifications of compliance therewith.
14. Merger Clause. This Agreement, including all exhibits/attachments attached hereto, which are incorporated herein by this reference, constitutes the sole agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document’s date. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and signed by the Superintendent or his/her designee. In the event that any term, condition, provision, requirement or specification set forth in the body of this Agreement conflicts with or is Agreement No. 2027-008
inconsistent with any term, condition, provision, requirement or specification in any exhibit and/or attachment to this Agreement, the provisions of the body of this Agreement shall prevail.
15. Governing Law. This Agreement, including any exhibits, and any disputes arising out of this Agreement shall for all purposes be deemed subject to the laws of the State of California without regard to its choice of law rules, and any lawsuit concerning or arising out of this Agreement shall be venued in the County of San Mateo.
Agreement No. 2027-008
Exhibit A
Agreement between the Pacifica School District and City of Pacifica Parks, Beaches & Recreation
1. Description of Services to be Performed by Contractor In consideration of the payments set forth in Section 2, Amount and Method of Payment, Contractor shall provide the following:
ASES Childcare Partnership reserves 20 slots at a cost of $7320 per student-Sunset Ridge/Ocean Shore, Cabrillo and Vallemar School Students enrolled through the ASES partnership will participate in homework assistance, academic support, literacy activities, STEM enrichment, arts and crafts, recreation and sports, leadership development, socialemotional learning activities, outdoor play, enrichment workshops, supervised transitions, and daily snack service.
2. Amount and Method of Payment : $146,400 – monthly periodic installments In consideration of the services provided by Contractor pursuant to Section 1, Description of Services to be Performed by Contractor, and subject to the terms of the Agreement, the District shall pay Contractor based on the following schedule and terms:
Net 30 upon completion of work.
2.1Term and frequency of payment.
Contractor shall invoice the PSD upon completion of each deliverable(s) or upon execution of agreement / completion of services, described in Section I.
2.2 Invoice due dates.
Invoices are due to the PSD by the 15th of each month for the previous month’s service. Due to the PSD’s year-end process, invoices for June services are due by July 7; or Invoice is due no later than 10 days after completion of deliverable as shown in Section 1.
2.3 Backup documentation.
Contractor will submit performance reports with the invoice. Payment is dependent on submission of supporting documentation. Payment may be delayed if supporting documentation is not received.
3. Warranties
Besides warranties required elsewhere in the contract documents, the warrant of the work shall be one year from the date of completion and acceptance of the above mentioned project by the Pacifica School district, unusual abuse or neglect excepted. The undersigned agrees to repairing assembly or installation that may prove to be defective in material and workmanship within a period of 1 (one) year.
Agreement No. 2027-008
4. Acceptance of service shall be authorized by: Dr. Carisa Bowman, Superintendent
5. Board Approval Date: 06/24/2026
6. Fund: 01-6010-0-1139-1000-5825-009-0112
THIS CONTRACT IS NOT VALID UNTIL SIGNED BY ALL PARTIES.
For Contractor:
______ __________
Contractor Signature Date Contractor Name (please print) Tax ID or SS#
For the District:
______
Pacifica School District Date Name (please print)
Agreement No. 2027-008
Fingerprint and Criminal Background Check Certification In accordance with the Department of Justice (DOJ) fingerprint and criminal background investigation requirement of Education Code section 45125.1 et seq.
With respect to the Agreement between the Pacifica School District (“District”) and the individual, company or contractor named (“Contractor”) for provision of services.
PLEASE CHECK ALL THAT APPROPRIATE BOXES AND SIGN BELOW:
REQUIREMENTS SATISFIED:
□ Contractor hereby certifies to the District’s governing board that it has completed the criminal background check requirements of Education Code (EC) section 45125.1 and that none of its employees that may come into contact with District students have been convicted of a violent felony listed in Penal Code section 667.5(c) or a serious felony listed in Penal Code section 1192.7(c).
List below, or attach, all employee(s) names that have successfully completed the fingerprinting and criminal background check clearance in accordance with the law. (Attach and sign additional pages as needed)
~~OR~~
WAVER JUSTIFICATION
Contractor qualifies for a waiver of the Department of Justice (DOJ) fingerprint and criminal background investigation for the following reason (s) permitted by Education Code section 45125.1 et seq. □ Contractor and its employees will have NO CONTACT with pupils. (No school-site services will be provided.) □ Contractor and its employees will have LIMITED CONTACT with pupils. (Attach information about length of time on school grounds, proximity of work area to pupil areas; whether Contractor/its employees will be working by themselves or with others, and any other factors that substantiate limited contact.) [EC 45125.1©] □ Contractor and its employees will have more than LIMITED CONTACT with pupils, but will assure that ONE OR MORE of the following methods are utilized to ensure pupil safety.[EC 45125.2 (a)] --check all methods to be used:
1) Installation of a physical barrier at the worksite to limit contact with students 2) Continual supervision and monitoring of all employees of the Contractor by an employee of the Contractor who has not been convicted of a serious or violent felony as ascertained by the DOJ 3) Surveillance of employees of the Contractor by school personnel □ The Services provided by Contractor are for an “EMERGENCY OR EXCEPTIONAL SITUATION,” such as when pupil health or safety is endangered or when repairs are needed to make school facilities safe and habitable.” [EC 45125.1(b)] By signing below, under penalty of perjury, I certify that the information contained on this certification form and attached employee list(s) is accurate. I understand that it is Contractor’s sole responsibility to maintain, update, and provide the District with current “Fingerprint and Criminal Background Check Certification,” along with the employee list, throughout the duration of the Contractor-provided services.
Authorized VENDOR signature Printed Name Title Date
Agreement No. 2027-008
Tuberculosis Certification
In accordance with the tuberculosis (“TB”) certification requirements of Education Code section 49406.
With respect to the Agreement between the Pacifica School District (“District”) and the individual, company or contractor named (“Contractor”) for provision of services.
PLEASE CHECK ALL THAT APPROPRIATE BOXES AND SIGN BELOW:
REQUIREMENTS SATISFIED:
□ Contractor and its employees will have NO CONTACT with pupils. (No school-site services will be provided.) □ The following employees of Contractor shall have more than limited contact (as determined by District) with District students during the Term of this Agreement and, at no cost to District, have received a TB test in full compliance with the requirements of Education Code section 49406 and have been found free from active TB:
(Attach and sign additional pages as needed)
Contractor shall maintain on file the certificates showing that the individuals have been TB tested.
Authorized VENDOR signature Printed Name Title Date