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AGREEMENT #15379
THIS AGREEMENT, dated July 17, 2019, is betllieen Kelly Services, Inc., 999 West Big Beaver Road, Troy, Michigan 48084
("Kelly"), and Albuquerque Public Schools, with its principal offices located at 6400 UplDwn Blvd., NE, Suite 500E, Albuquerque,
NM, 87110 ("Customer").
2) AGREEMENT DOCUMENTS
The agreement shall be comprised of this agreement document, its attachments and all documents referenced herein. The
agreement shall also indude requests for proposal #19-046RMS, including Kelly's response, referenced scope of work,
technical specifications, purchase order terms and conditions, and all negotiation records, which are incorporated herein
and made a part of the agreement. In instances where there exists a conflict between any of the agreement described
above, this agreement plus attachments hereto, negotiation records, APS solicitation documents, and Kelly's response to
the sollatation, in that order, shall control the interpretation of the parties' respective rights and obligations.
3) TERM
The term of this agreement is July 17, 2019 to June 30, 2020, with three (3) one year extensions upon mutual consent with
Kelly; not to exceed four (4) years.
4) KELLY GUARANTEE
Kelly guarantees that the Assigned Employees it places with the Customer will satisfactorily perform the services ordered by
Customer. If not, Kelly will cancel charges for unsatisfactory services and furnish a replacement as soon as possible when
the Customer has prOVided notice of its dissatisfaction within the first 16 working hours of an Assigned Employee's
assignment. If Kelly receives notice after an Assigned Employee's first 16 working hours, Kelly will furnish a replacement as
soon as possible, but not cancel the charges for the unsatisfactory services.
5) KELLY'S RESPONSIBILmES
As the proVider of staffing services, Kelly will be the employer of Assigned Employees, and will be responsible for the
staffing services listed below.
(a) Recruit, select, and hire Assigned Employees;
(b) Place Assigned Employees according to Customer's requirements;
(c) Pay Assigned Employees their wages and proVide them the benefits that Kelly offers to them as Kelly employees,
including health care benefits suffiaent to satisfy the requirements of the Affordable care Act, for which
consideration Is Included In the pricing set forth herein;
(d) Payor withhold payroll taxes (e.g., FICA) and insurance premiums (e.g., Medicare) and fulfill its obligations for
unemployment compensation (e.g., MA, SUTA);
(e) Provide workers' compensation benefits and coverage for Assigned Employees;
(f) Maintain Assigned Employees' personnel and payroll records related to their employment by Kelly;
(g) Comply with laws, rules or regulations applicable to providers of staffing services;
(h) Require Assigned Employees to agree in writing to protect the confidentiality of Customer's proprietary
information;
(i) Require Assigned Employees to execute agreements that Customer requests with regard to intellectual property
developed by them in performance of their work for Customer;
CD Require Assigned Employees to acknowledge in writing that they have no right to partidpate in Customer's
employee benefit plans;
(k) ReqUire Assigned Employees to comply with all rules and policies of Customer (e.g., those relating to premises
access and security);
(I) Make legally required employment iaw disclosures to Assigned Employees; and
(m) Comply with the Patient Protection and Affordable Care Act ("Affordable Care Act") and its regUlations, as applicable,
and have established internal procedures to review and maintain its compliance with the Affordable care Act.
7) CUSTOMER REPRESENTATIONS
The Customer represents and warrants that:
(a) Its actions under this Agreement do not violate its obligations under any agreement that Customer has with any labor
union;
(b) Kelly's responsibilities listed in this Agreement regarding screening, the payment of wages, and the provision of
benefits to the Assigned Employees do not violate a policy or practice of the Customer;
(c) The Customer has disclosed to Kelly all screening requirements that Customer would use for the positions covered by
this Agreement if the Customer were directly employing individuals in such positions;
(d) The Customer has the light, power, and any requisite authorization to enter into this Agreement;
(e) The Customer has satisfied any applicable procedural requirements necessary for it to be authorized to enter into this
Agreement;
(f) The Customer representative who is signing this Agreement has been delegated authority by the school board or
district to execute this Agreement;
(g) If the Assigned Employees will use a Customer-required time-keeping, attendance, absence management, and/or
scheduling system or process, then such system or process shall be compliant with all applicable iegal requirements,
Including allOWing Assigned Employees to accurately record time worked and accurately record meal and/or rest
periods; and
(h) The Customer neither request nor requires that the Assigned Employees perfonm duties outside of Customer's premises
(e.g., participate on field trips) unless Kelly gives it written consent in advance.
Kelly will provide Customer with a certificate of this insurance coverage upon request.
10) AUDIT
The Customer reserves the right to audit Kelly's records associated with this contract at any time during the contract period
and for a period of up to three years following the expiration or termination of the agreement. Such audit may be
conducted by Customer personnel or a third party under contract with the Customer. The Customer shall give Kelly
reasonable notice prior to the conduct of any audit and upon receiVIng the notice from the Customer, Kelly agrees to fully
cooperate with the auditors. If Kelly's subcontract any portion of its obligation to another party, Kelly shall guarantee the
Customer's access to books and records of such party.
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An Equal Opportunity Employer
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14) TERMINATION BY THE CUSTOMER:
1. For Cause
a. The occurrence of either one of the following events will justify termination for cause:
i. Kelly's persistent failure to perfonm the work In accordance with the contract documents (inclUding
but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment).
iI. Kelly's violation in any substantiai way of any provisions of this contract.
b. If either one of the events identified above occur, the Customer may, after giving Kelly (and the
surety, if any) ten (10) days written notice, terminate the service of Kelly, exclude Kelly from site, and
take possession of the work. Kelly shali be paid for project costs incurred up to the date of termination
but shall not be paid for loss of profits resulting from such termination.
Co Where Kelly's services have been so terminated by the Customer, the tenmination will not affect any
rights or remedies of the Customer against Kelly then existing or which may thereafter accrue. Any
retention or payment of moneys due the Kelly by the Customer will not release Kelly from liability.
2. For Convenience
a. Upon thirty (30) days written notice to Kelly, the Customer may without cause and without prejudice
to any other right or remedy of the Customer, elect to tenmlnate the contract.
c. Kelly shall not be paid on account of loss of anticipated profits or revenue or other economic loss
arising out of or resulting from such tenmination.
15) NON-SOLICITATION
Neither party shall hire or solicit the employment of the other party's regular, full-time internal employees during the tenm
of this Agreement and for a period of twelve (12) months thereafter, without the consent of the other party. This does not
include the temporary staff or substitutes of Kelly Services or APS. This provision shall not apply to a party's generalized
recruiting practices.
16) MISCELLANEOUS
(a) Notices
i) Any notices, consents or other communications reqUired or permitted under this Agreement must be In writing
(including telecommunications) and delivered personally or sent by telex, telecopy or other wire transmission (With
request for assurance in a manner typical with respect to communication of that type), overnight air courier
(postage prepaid), registered or certified mall (postage prepaid with return receipt requested), addressed as
shown on the first page of this Agreement
Ii) Unless otherwise stated in this Agreement, notices, consents or other communications will be deemed received (a)
on the date delivered, if delivered personally or by wire transmission; (b) on the next business day after mailing or
deposit with an overnight air courier; or (c) three business days after being sent, if sent by registered or certified
mail.
(b) Non-disclosure: Kelly shall not disclose any information relating to students, and employees of the Customer other
than such infonmation that may be authorized by the individual student or employee. Kelly will ensure compliance with
HIPPA and FERPA regulations as applicable. Kelly agrees to indemnify and hold harmless the Customer from any
damages,' claims, liabilities, and costs inclUding reasonable attorney costs and fees in the event any unauthorized
reiease of such information occurs.
(c) Severability; Waiver
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any
other provision of this Agreement. Any delay or waiver by a party to declare a breach or seek any. remedy available to
it under this Agreement or by law will not constitute a waiver as to any past or future breaches or remedies.
. _----------_._------------,..---,---------
An Equai Opportunity Employer
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(d) Assignment
Neither Kelly nor Customer may assign this Agreement without the prior written consent of the other party; provided
that Kelly may use secondary vendors to fulfill any or all of its obligations hereunder without securing Customer's
consent. This Agreement will be binding upon the parties hereto, and their successors, heirs and assigns, as permitted.
(e) Independent Contractor
In its performance of this Agreement, Kelly will at all times act in its own capacity and right as an independent
contractor, and nothing contained herein may be construed to make Kelly an agent, partner or joint venture of
Customer.
(f) Intellectual Property I Assigned Employees' Data
All Kelly and Customer intellectual property, induding processes, procedures, trademarks and copyrights, are and shall
remain the sole property of each respective party.
Customer will only use Assigned Employees' Data in connection with Services proVided by Kelly in aacordance with this
Agreement. Customer acknowledges that Assigned Employees' Data is personal and confidential, and Customer shall
not disclose the information to any third parties unless legally required to do so. Should Customer determine that it
may be legally obligated to disclose Assigned Employees' Data, Customer shall proVide notice to Kelly at least five (5)
business days In advance of producing any such information.
(g) Force Majeure
No party shall be liable or responsibie to the other party, nor be deemed to have defaulted under or breached this
Agreement, for any failure or delay in fulfilling or performing any term of this Agreement [(except for any obligations to
make payments to the other party hereunder)], when and to the extent such failure or delay is caused by or resuits
from acts beyond the affected party's reasonable control, including, without limitation: (I) acts of God; (ii) fiood, fire,
earthquake or explosion; (Iii) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or
other civil unrest; (iv) government order or law; (v) actions, embargoes or blockades in effect on or after the date of
this Agreement; (vi) action by any governmental authority; (Vii) nationai or regional emergency; (Viii) strikes, labor
stoppages or slowdowns or other industrial disturbances; and (ix) shortage of adequate power or transportation
facilities. The party SUffering a Force Majeure Event shall give notice within five (5) says of the Force Majeure Event to
the other party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end
the failure or delay and ensure the effects of such Force Majeure Event are minimized.
(h) Amendments
This Agreement may not be amended or supplemented in any way except in writing, dated and signed by authorized
representatives of both parties.
(I) Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together
shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail or
other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed
copy of this Agreement.
0) Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico without
giving effect to any choice or conflict of law provision or rule.
New Mexico Procurement Code: The Procurement Code, Sections 13-1-28 through 13-1-199 NMSA 1978, imposes
civil and misdemeanor criminal penalties for its violation. In addition, the New Mexico criminai statutes impose felony
penalties for bribes, gratuities, and kickbacks.
By: -+---q...:::::L..:.-=---.:......~ _
Tille: ~---_--------
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Transition Substitute Teacher: Contingency - SPED/HTF Schools $ 78.25 Daily 1.250 $ 97.81
Substitute Teacher/Ubrarian: Associate $ 84.50 Daily 1.260 $ 106.47
Transition Substitute Teacher/Ubrarlan: Associate $ 84.50 Dally 1.250 $ 105.63
Substitute Teacher/Ubrarian: Associate - SPED/HTF Schools $ 94.50 Daily 1.260 $ 119.07
Transition Substitute Teacher/Ubrarian: Associate - SPED/HTF
Schools $ 94.50 Dally 1.250 $ 118.13
Substitute Teacher/Ubrarian: Bachelor $ 97.50 Dally 1.260 $ 122.85
Transition Substitute Teacher/Ubrarlan: Bachelor $ 97.50 Dally 1.250 $ 121.88
Substitute Teacher/Ubrarlan: Bachelor SPED/HTF Schools $ 107.50 Daily 1.260 $ 135.45
Transition Substitute Teacher/Ubrarian: Bachelor SPED/HTF
Schools $ 107.50 Dally 1.250 $ 134.38
Substitute Teacher/Ubrarlan: Secured (Certified, Retired, or \
substitute teacher with 3 yrs. consecutive expo with APS
Substitute Services) $ 117.00 Daily 1.260 $ 147.42
Transition Substitute Teacher/Ubrarian: Secured (Certified,
Retired, or substitute teacher with 3 yrs. consecutive expo with
APS Substitute Services) $ 117.00 Daily 1.250 $ 146.25
Substitute Teacher/Ubrarlan: Secured (Certified, Retired, or
substitute teacher with 3 yrs. consecutive expo with APS
Substitute Services) - SPED/HTF Schools $ 127.00 Daily 1.260 $ 160.02
Transition Substitute Teacher/Ubrarian: Secured (Certified,
Retired, or substitute teacher with 3 yrs. consecutive expo with
APS Substitute Services) - SPED/HTF Schools $ 127.00 Daily 1.250 $ 158.75
Long-term Substitute Teacher/Ubrarian: Associate $ 97.50 Daily 1.260 $ 122.85
Long-term Transition Substitute Teacher/Ubrarlan: Associate $ 97.50 Dally 1.250 $ 121.88
Long-term Substitute Teacher/Ubrarian: Assooate - SPED/HTF
Schools $ 107.50 Dally 1.260 $ 135.45
Long-term Transition Substitute Teacher/Ubrarian: Associate-
SPED/HTF Schools $ 107.50 Dally 1.250 $ 134.38
Long-term Substitute Teacher/Ubrarian: Bachelor· $ 112.50 Daily 1.260 $ 141.75
Long-term Transition Substitute Teacher/Ubrarlan: Bachelor $ 112.50 Daily 1.250 $ 140.63
Long-term Substitute Teacher/Ubrarian: Bachelor - SPED/HTF
Schools $ 122.50 Daily 1.260 $ 154.35
Long-term Transition Substitute Teacher/Ubrarian: Bachelor-
SPED/HTF Schools $ 122.50 Dally 1.250 $ 153.13
Long-term Substitute Teacher/Ubrarian: Secured (Certified,
Retired, or substitute teacher with 3 yrs. consecutive expo with
APS Substitute Services) $ 135.00 Daily 1.260 $ 170.10
**Long-term starts on the 5th consecutive day **Extended day is for 7 l/2-hour locations
Extended Day Transition Substitute Teacher/Librarian: Associate $ 97.50 Daily 1.250 $ 121.88
Extended Day Substitute Teacher/Librarian: Associate - SPED/HTF
Schools $ 107.50 Daiiy 1.260 $ 135.45
Extended Day Transition Substitute Teacher/Librarian: Associate
SPED/HTF Schools $ 107.50 Daily 1.250 $ 134.38
Extendec Day Substitute Teacher/Librarian: Bachelor $ 112.50 Daiiy 1.260 $ 141.75
Extendee Day Transition Substitute Teacher/Librarian: Bachelor $ 112.50 Daily 1.250 $ 140.63
Extendee Day Substitute Teacher/Librarian: Bacheior - SPED/HTF
Schools $ 122.50 Dally 1.260 $ 154.35
Extendee Day Transition Substitute Teacher/Librarian: Bachelor-
SPED/HTF Schools $ 122.50 Daily 1.250 $ 153.13
Extended Day Substitute Teacher/Librarian: Secured $ 135.00 Daily 1.260 $ 170.10
Extended Day Transition Substitute Teacher/Librarian: Secured $ 135.00 Daiiy 1.250 $ 168.75
Extended Day Substitute Teacher/Librarian: Securee - SPED/HTF
Schools $ 145.00 Daiiy 1.260 $ 182.70
Extended Day Transition Substitute Teacher/Librarian: Securee -
SPED/HTF Schools $ 145.00 Daily 1.250 $ 181.25
Long-term Extended Day Substitute Teacher/Librarian: Associate $ 110.50 Daiiy 1.260 $ 139.23
Long-term Extended Day Transition Substitute Teacher/Librarian:
Associate $ 110.50 Daiiy 1.250 $ 138.13
Long-term Extendee Day Substitute Teacher/Librarian: Associate -
SPED/HTF Schocls $ 120.50 Daiiy 1.260 $ 151.83
Long-term Extended Day Transition Substitute Teacher/Librarian:
Associate - SPED/HTF Schools $ 120.50 Daily 1.250 $ 150.63
!.Dng-term Extended Day Substitute Teacher/Librarian: Bachelor $ 127.50 Daily 1.260 $ 160.65
!.Dng-term Extended Day Transition Substitute Teacher/Librarian:
Bachelor $ 127.50 Dally 1.250 $ 159.38
Long-term Extended Day Substitute Teacher/Librarian: Bachelor-
SPED/HTF Schools $ 137.50 Dally 1.260 $ 173.25
!.Dng-term Extended Day Transition Substitute Teacher/Librarian:
Bachelor - SPED/HTF Schools $ 137.50 Daiiy 1.250 $ 171.88
Long-term Extended Day School or !.Dng-term Substitute
Teacher/librarian: Secured $ 153.00 Daily 1.260 $ 192.78
Long-term Extended Day Transition School or !.Dng-term
Substitute Teacher/Librarian: Securee $ 153.00 Daily 1.250 $ 191.25
Long-term Extended Day Substitute Teacher/Librarian: Secured -
SPED/HTF Schools $ 163.00 Daily 1.260 $ 205.38
!.Dng-term Extended Day Transition Substitute Teacher/Librarian:
Secured - SPED/HTF Schools $ 163.00 Daily 1.250 $ 203.75
**Long-term starts on the 5th consecutive day **Extended day is for 7 1/2-hour locations
Nicola Soares
Name;----,~~:idt'"*_&_l""'_Iifl<:reifeete<'__
e P, esidelit & r'8ii8~iR~ Oifeetaf
Kelly Educational Staffing
Title; = _
Date: _ _ ---'6'=------=-l-=5=------'Z""4::::..-~~__
8) IN GENERAL
I have read this job description for a KES Substitute Teacher, and it accurately describes the duties and responsibilities of
the KES Substitute Teacher that we want the Substitute Teacher to perform.
We agree to immediately notify our KES representative of any proposed change in job duties or responsibilities that differ or
are inconsistent with the standards contained herein. We further understand that no changes may take effect until KES has
formally agreed to the proposed change.
Upon signing this job description, I agree on behalf of the school district that this job description is incorporated by reference
and made part of the agreement we have with Kelly Services, Inc. through its service offering, Kelly Educational Staffing.
I Thlslndudes In-house teachIng, vIsIting a student's home for any reason, having custody of a sIngle student beyond the presence of other adults or students
and/or assignments without on-site supervisIon from district personnel.
© 2018 Kelly services, Inc. An Equal Opportunity Employer e259 R9j18
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SIGNATURES FOLLOW ON NEXT PAGE
QUALIFICATIONS:
JOB GOAL:
To assist, support, and work c10seiy with supervising district/school teachers, administrators, and other team members in
providing educational benefit for students.
Dependent upon assignment, but always under direct supervision of District/School employees, this role may be working directiy
in a special education classroom, working in a general education classroom or environment, and/or working one-on-one with a
student or small group of students.
SCOPE OF RESPONSIBILITY:
Substitute Paraprofessionals work at all times under direction and supervision of District/School professional employees.
District/School employees are responsible for developing CUrriculum, planning instruction, evaluating academic and behavior
progress, developing goals and objectives, providing day-to-day supervision of the Substitute Paraprofessional, ensuring
classrooms are adequately staffed, and communicabng progress to parents.
In the absence of the full-bme paraprofessional, the Substitute Paraprofessional provides classroom assistance to general
education or special needs students and to the assigned District/School teacher, who has ultimate responsibility for designing
and Implementing educational programs, activities and services.
The District/School teacher prepares the lessons, plans the instructional support activities the Substitute Paraprofessional carries
out, and evaluates the achievement of the students with whom the Substitute Paraprofessional is working; and the Substitute
Paraprofessional works in close and frequent proximity and under the direction and guidance of the supervising District/School
teacher(s). Under the guidance of the classroom teacher, the KES Substitute Paraprofessional must:
a) Allows all students to see the on-site nurse or visit the school clinic if and when they request to do so. The KES
Substitute Paraprofessional should never make judgment calls as to the authenticity of a student's request In this
regard, unless otherwise directed by School District personnel.
b) Allows all students to use the restroom if and when they request to do so. The KES Substitute Paraprofessional should
never make judgment calls as to the authenticity of a student's request In this regard, unless otherwise directed by
School District personnel.
UNACCEPTABLE DUTIES/RESPONSIBIUTES:
District/School will use KES Substitute Paraprofessional only in assignments consistent with the job descriptions for which KES
places them, will not give duties to a KES Substitute Paraprofessional that KES Substitute Paraprofessional must perform outside
of District/SChool's premises, and will take full responsibility for assignments or duties that differ from the KES Substitute
Paraprofessionals' mutually agreed upon job duties, responsibilities, work environment, or iocation, unless mutually agreed to in
writing.
I have reviewed and read a copy of the KES Paraprofessional (Substitute) job description. I agree that this job description
accurately describes the duties and responsibilities of the KES Substitute Paraprofessional.
I understand that we are to immediately notify KES of any proposed change in job duties or responsibilities that differ or are
inconsistent with the standards contained herein. We further understand that no changes may take effect until KES has formally
agreed to t p posed change.
Prin
S Kelly Service5, Inc.
J
Signature: ----"'-'''I-'<---'------fo,L-------
Nicola Soares
Print Name: Vice President & Managing Director
i< eliv Educational Staffing