HomeMy WebLinkAboutClovis USD - ASES/21st Century 2010 to provide twelve leader(s) to instruct and coorinate Informal Family Science Night instruction Nelson Elementry 1336 W Spruce Pinedale 8/24/2009-6/11/2010CUSD:
CUSD Department.
Program'
Contact Person:
Contraction:
Contractor:
Contactor Depso ment/Adiress:
AGREEMENT
Betw en
CLOYISUNIFIED SCHOOL DISTRICT
And the
CITY OF FRESNO
hSES/210ENTURY
After School Persons 2010
GENERAL INFORMATION
Child Development
ASES/21 Century
Erin Product
Contract«s contact Person.
Contractor's Taxpayer Identification Number or
SSN:
Program Provides:
District:
School SislAddmas:
CitymEremo
proton City Perks and Recreation
1515 Divisndero St.
prison. CA93721
Randall Coaper
94-6000338
Clovis UnifiW School District
Child Development
Clovis Unifiel School District
Nelson Elementary
1336 W. Space
Fireside, CA93650
IG
crz J1,D
This Agmemem is made and entered into Itis day of f�¢2y,@ry2010. by and between Clovis UnifTW School
District (hereinafter referred to as "CUSD'), and the City of Fromm (hereinafter refeoed to as
"CONTRACTOR').
1. CONTRACTOR Service a. CONTRACTOR. through 4 Parks, After School, Recreation and
Community Services Departments, agrees es provide: Twelve (12) Leader(s) (haemafleY'l.wdeJ') to
must and euandinaa lnPormal Family Science Night (herehafter'Science') instruction fix students
nulled in the After School Program located at Clovis Unified School Dinner's Nelson Elementary
School.
Leader shall ha ru;Pu5ible for providing such services for mob day (1) of the Aber School Program is operatN
st me site rsm appsximaMy 4pm. to 7 pm. Aday of service"I cimistofsx(6) hours. The program sM1ell
nsist of a maximum of one (1) day, The After School Program operates according to the school site's calendar,
which 6egidson Aueun2< 2009 and concluda)une 11 2010.
2. CONTRACTOR OuafFcations. CONTRACTOR represents that it ha in effect all licenses,.
permissiona and legal qualiflmtlons to perfmtn this Agreement, including:
a. F'namprmfine CONTRACTORmpresslyacknowlWgcsmdceniri st et:
i. CONFRACTOR and ell of its employees, agents, and consultants (hervrrefler
collectively "employcef") working ma a school site do not have a record of conviction
for any serious felony and understand that they must submit or have submitted
fingerprints in a turner announced by the Depanmmt of Justice, together with the
requisite fce as set forth in Education Code Section 45125. 1, and that proof of such
Department of Justice ciromnce is to be provided to the CU SO prior b CONTRACTOR
or its employees working asite;
it CONTRACTOR shall not permit any employee to more in contact with students until
the Department of Just= Ihas on entamed that the employee has out them convicted of
serious of violent felony,
iii. CONTRACTOR shall acidify in writing to the CUSD that none of its emplgees who
may come in contact with students have been convicted of a serous or violent felony;
and
Iv. CONTRACTOR shall provide to CLIME) a lin of names of its employees who may come
content with indents.
b, TD Cfearece CONTRACTOR expressly acknowledges and certifies that poen to
Education Code section 49406 all employees that shall come into content with mWents has
submitted b an examination within the last 60 days to dactmine thet he/she is free of mine
Nbeteulmin or has on file, such determination that is still current and not expired.
3. Tem. This Agreement shall begin on Ione %2010 and shall terminate on Aueust 14,201 . There
shell be no extension Of the term of the agreement evident a written agreement signed by both parties.
4. Compensation CUSD shall pay CONTRACTOR a maximum of One Thousand Six Hundred Ninety
Seven Do11as and ]8/100.; ($1,69].]8) for all services and materials provided under the terns of this
Agreement. Such compensation includes the following limas compertsetion mount lined in paragraph
4e)+(amount listed in paragraph 46)+(amount Ilsmd in attempt 4c)]
CUSD agrees to pay Contractor within thins (30) days of receipt of invoice.
a. Maximum payment to CONTRACTOR tint Linder smites shell not emadNne Hundred
Fostv flume Wiliam and 44/I00s (5943.44).
b: Payment to the CONTRACTOR of Six HundrWOollas and W11005(5600.00) for the met of
materials, supplies, and delivemblas refund to CONTRACTOR'S perti m ince onervices under
the rens of this Agrcemena
c. Payment Ne CONTRACTORofIMoaM sumofpamgmphs4emd4binthcemomtof
One Hundred Fifty Four Dallas and 34/I00s (5154 34) related to CONTRACTOR'S
perfomunm of services under the tams of this Agreement.
5. Conflict of Interest. CONTRACTOR does not have, or anticipates having, any meanest in real property.
Investments, business interests in or Income from sources which would provide CONTRACTOR hia/her
spouse or minor child (ren) with perarual firwrciel gain es a result of any recommendation, advice, or
y other action taken by CONTRACTOR during the rendition of services under WS Agreement
6. TesmnatirnrfAme moot Either CUSD or CONTRACTOR may terminate this Agmemenaat my time
for any reason upon thirty (30) days wrinen mice. In the event ofeedytaminaion. CONTRACTOR
shall on paid for satishetory work performed to the due of termination. CUSD may Jose proceed with
the work in any manner CUSD deems proper.
T,nl lmormi . The CON FRAC FOR shall Indemnify, hold Norman, and defend CUSD and each of
officers, officials, employees, and mines from any and all loss. Imbilay, fines, penalties, forfeitures,
cost, and damages (whether in convect, tory or maim liability, including, but not limited to, personal
injury, death many time, and property damage) incurred by CUSD, CONTRACTOR, or any, rater
person, and from any and all claims, demands, and anions in law or equity (including morney's kms and
litigation expenses), arising or alleged m mise directly or indirectly fiom the negligent or intentional acts
omissionsor of CONTRACTOR or any of its officers, official, employees, or m the performance of this
Agreement.
CUSD shall indemnify, hold harmless and defend CONTRACTOR and tach of in officers, officials,
employee, or agents from arty and all loss, liability, final penalties, forfeitures, costs, and damages
(whether u contract, tart, or strict liability, including, but rout limited to. pmsoml i jury, d®N many
time, and property damage) Incurred by the CONTRACTOR CUSD, or arty other person, and firm any
and all claims, demands, and anions in law or equity (including manney's fees and litigation expenses),
sing or alleged to arise directly or indirectly from the negligent or intentional acts or omissions of
CUSD or env of its offiem, officials, employee, or agents in the pcRormmce of this Agreement.
In the event otmncurrent negligrnce on distant of CONTRACT OR or any of its offiea, officials,
employees, or agents, and CUSD or any of its office, official, employees, or agents, the liability for
any and all such claims, demands, and &cions in law or equity for such losses, fines, parrid s,
forfeitures, costs, and damages shall be apportioned under the State ofCalifamia's theory of enumerative
negligence m presently semblished or in may be modified hereafter.
This motion shall survive mmennatim or expvation of this Agreement.
A. Insurance. It is understood and agreed that CONTRACTOR and CUSD maintain insurance policies a
self-insumceprograms to fund their respective liabilities. Evidameoflnsurance,Cenifiwtesaf
Insurance or other similar documentation shall not be required ofeither parry under this Agreement
9. Indeomdent CONTRACTOR Scotus. While engaged in carrying out Ne tams and conditions of this
Aggemenh the CONTRACTOR is an independent chairman, and not an officer, employee, agent,
parmee ajoint venture of CUSD.
10. Worker's Compensation lrem e. CONTRACTOR agrees to provide all necessary Wodters"
Compensation assurance for CONTRACTOR'S employees, ifany, at CONTRACTOR'S own tun and
expense.
I I. Tones. CONTRACTOR agrees that CONTRACTOR has no entitlement many future wads from CUSD
or to my employment or hinge benefits from CUSD. Payments to Ne CONTRACTOR pursuant to this
Agementwill6ere do to Fedemlmd Smetaxmgaumoritimumluired. CUSDwillnmwiabold
any money from compensation payable to CONTRACTOR. In pedicular. CUSD will not withhold
FICA (social security) state or formal unemployment insurance mmribution, state or federal income tax
or disability insurance CONTRACTOR is independently responsible far the payment of all auditable
taxes.
12. Anim mens The CONTRACTOR shall not assign or counter by operation of law or oNawisc airy or
all oars rights, burdens, dudes, or obligations without the prior women consent of CUSD.
13, Bindine Effect. This Agreement shall more m me hmePo ofmd shall be binding upon the
CONTRACTOR and CUSD and their respective successors and assigns,
14. Sevenhili. fury provision of this Agreement shall be held invalid or menforeeatele by a coon of
mmpetentjuriadiction, such holding shall nor invalidate or tender unenforceable any other provision
herear
15. Aricrament. Fheterms of the agreement shall not be waived, altered, modified, supplemented. or
nmeoded in any manner whatcever except by written agreement signed by bath ponies,
16. Govemine Lew. This Agteemmt shall h governed by and construed in accordance with the laws of the
State ofGtifomin and venue shall be in the appropriate Superior Com mFranno, California.
17. Written Nofce. Written notice shall be deemed he have been duly served ifsenl by ratified return
eeipt mad to:
CUSD:
CONTRACTOR:
Clovis Unified School District
Fresno City Parks and Recreation Department
After School Program
Atrention: Randall Cooper, Director
Attention: Jackie partial Director
2326 Fresno Street Roam 101
I735 David E. Conk Way
Fresno,CaliPomin93721
Clovis, CA 93611
cc: Nelson Elementary
1336 W. Statute
Pinedale, CA 93650
Ig. Non-D"x mint on. During the perfdrmance ofthis Agreement, CONTRACTOR and its
subcontractors (if applicable) shall and unlawfully discrimimm, harass, or allow ammonium against any
employee oraligicant for employment bmause oftxe, religion, color, national origin, ancestry, physical
disability (including HIV and AIDS), medical condition (center mAmM), marital soma age (over 40A
Render, sexual orcference, oravv other vmmerit frstor unrelated to lob dunes. Such anion shall
selection for training, including apprenticeship. CONTRACTOR and sobconaactors shill insure tan the
evaluation and trmtment of their employed and applicants for employment ere fro of such
me
and
Hous CONTRACfORsnd subcdntr tion 12 0 mmplY the
applicable of
tae Fair Employment and Housing Act (Government Cade, Section 12900 at seq.) and tae applicable
regulations pmmulgetedhereunder
aAdministrative Code, Title?.Section7285.0 e
rseq.).
The
applicable regulatiores; ofthe Fair Employment and Housing Commission mtngGresemmem
Co, l29%,nfrthinChpter5sionTi 2ofheCalifoimplementing
RguluionsmineryuinnthisArementbyreferencndmdeanhafdifsefoMin
NIL
19. Compliance with Lew. CONTRACTOR agrees that it shall comply with all legal requirements for the
performance of its dmics order this agreement and met foilure to do shall constitute material breach.
20. EmireAnrmmeat This Agccment is intended by me Pasties u the final expression ofthehagreemmt
with respect m such tens as are included herein and as the complete and exclusive statement of its
arms and may net be contmdined by evidence of my prior agreement or of contemporaneous oral
agreement nor explained or supplemented by evidence of mnsisrent additional amu.
21. Execution of ONer Documents. The parties to His Agreement shall cooperate Polly in me execution of
any and all other documents and in the completion of any additional actions that may be necessary or
appropriate to give full force and effect to the terms and intent of this Agreement.
22. Council Approval. no eRectivenof this Agreement is contingent upon the approval of We Fresno
City Council. eu
Executed at Clovis. Celifnmia, on the date and year fust women above.
CURD CONTRACFOR
Clovis Unified School District
Michael John ton
Asst. SoperinmMent, Business Services
REVIEWED BY
City of Fresno
Parks. After School Recreation and Community
Services DSpnrnnent
Randall Cooper a
Director. Fmmo PARCS
ATTEST:
REBECCAKLLSCH
Clerk. City, ofFremo
WA
lack Borturn Deputy W1.
"PROVED TO AS FORM:
PPRRO VVEDDTOASFORM:
Fresno City
\✓—,C-3�
Dewy gkWtay
Date: 211-411
clmN UEEMERN1&C o4MG
CONSULTANTSEPV6E AGPEEMEM 6 CERTIFICATE FOR PAYMENT
ISpo6nLEE)
ON,
TNs epxmenr b mletl sem
DIW2010
In
DVER.826ups
Estate Mind e6dtlwul preernenlm Acaunllnp llpeRnnl
(MMd8* Mew Tnlol
(NO SPAC6IXI DASHES PI SEI
MBmbIna69rehMrrt#OWER.MU9S
attend eMeewr Ch is UMEd Steady wsnkt
iMp Hpobn Aw.i Cbvb. CtlNwNs 31611 and
f Framed
lC tewufam I.,a.:nv.m x9)
O Sx�ni Smwp'.v .,i��i�m_. In
FONMIPyreenmltl
19nrlewmlM1FmTu lou
00SwMtl
Y es
ea Oren
Estate Mind e6dtlwul preernenlm Acaunllnp llpeRnnl
(MMd8* Mew Tnlol
(NO SPAC6IXI DASHES PI SEI
MBmbIna69rehMrrt#OWER.MU9S
CRY)
®1 Fmno 9onl
Iced) Fmnno
Needed
C
the)
IW) 99Tzt
M n1 SEB
6z+nn
DUTIES.
rymbe xdn to N nmpelnd, dNltllbre a wwuNnl
TFemme wwenNmwmwwe.Nr awmµrw9
To govMe elaermSYM MmmYNng m Wwq NrplMtlp Femby 94eIIRMpnmb
M ACESAMntlpp paten NNaSdhNMem EbmenWy
TERMS
TNs prnmM W eRetlt MI 7=1 D and Sao Mfim, uN WSOON.
Eludr rwy may remWmme, ME egreemnmuynn nnr keen Me tory PS Me Wmbn mute m be doer piny,
PAYMENT
OWntl anon yeymivullenl eldelM a m16S1.78, %hcy MyNEltlerAuel uPonsn Immure] EyllemnuNM, mull
rcwWwan a CmwMm'e PoMrmance under Wa pmnmu. Caren nll mM rrymml In lb Wlv✓na nmvpr'.
To b pW from Invdce pmAde Ey venLn
ISmSRy aw vwmullenl W Id INS {ae,ep.Ineaa. M1om M, brm upn nmp&Im, M. h q]la)
Hsva you ewrthan or Ad You current a CUSD E mpbyee'110 .., 0'J"
ACCOUNT TO BE CHARGED:
Atewunl Mme: W wI ACEs
Cpwm NW to OMMany Conan
Key:617arlulo
INDEPENDENT MNT��
_ .11 we,_wnwy..r6pNM, eandmrwmw "d Net wmn unm nr Wwmeat adwnrnr
.mpy a.>encu dae nvu Meng In du preen.
mpmuwmmnmmc m
y vd rwry. ren end am+wq uv� N M easement n 6nrtl m pue wry ab pmye I
eMelem 11 rot,0main
TY ei FFJESP@I/
REPORTTOTRECITYCOUNCIL AGENDAUEMNO, IG
COUNCILMEETING 032510
March 25, 2010
cm
FROM: RANDALL L COOPER, Director
Parks, After Sdtml, Recreation eM Community Vw�M
BY: MARYJANE FITZPATRICK, Reveaton Mana PAULA. MELIKIAN, AdministrativParks. After School, Remation antl Community nt
SUBJECT: 1) APPROVAL OF FIVE AGREEMENTS WITH CLOVIS UNIFIED SCHOOL DISTRICT
TOTALING 127,993.36 FOR THE PARKS, AFTER SCHOOL, RECREATION AND
COMMUNITY SERVICES DEPARTMENT TO CONDUCT AN INFORMAL SCIENCE
PROGRAM AT SIX ELEMENTARY AND ONE INTERMEDIATE SCHOOL SITES RUNNING
THROUGH JUNE 30, 2010
2) A RESOLUTION OF THE COUNCILOF THE CITY OF FRESNO ADOPTING THE BETH
AMENDMENT TO THE ANNUALAPPROPRIATION RESOLUTION N0.2009149
APPROPRIATING 129,500 FOR THE PARKS, AFTER SCHOOL, RECREATION AND
COMMUNITY SERVICES DEPARTMENT TO CONDUCT THE INFORMAL SCIENCE PROGRAM
AT SEVEN CLOVIS UNIFIED SCHOOL SUES RUNNING THROUGH JUNE 30, 2010.
RECOMMENDATIONS
Staff recommends Net the City Coumil approve the attachetl aredamlo-year agreements with the Clovis
United School District (CUSD) and auVarbe Ne Director of Parks, After Scholl, Recreation ant Community
Services (PARCS) to execute the agreement on behaff of the City. Approval of Nese semen contracts and
conespooding appmpnadons will allow PARCS 0 receive up to 527,99339 to cover personnel and opraung
costs associated with providing a collaborzGve After Scttool Informal Spence program at Nelson, Reagan,
Talpey, Woods, Freedom and Mountain View Elementary Silas and Reybum Intermediate School.
EXECUTIVE SUMMARY
The atiI contrecror service agreements were creased by PARCS for consideration and approval by boli
the Cmncll and One CUSD. The contractual agreement would esYeMish a Mree-monN mmmliment at
10,943.39 for full reimbursement of services tom CUSD. The contract wig alive PARCS staff ro "n
Implemeniston of Ne Inbmmal Science Program at the seven CUSD ones in March 2010. Mai Use tmdirp,
PARCS can expand pmgmmmnq opponimites and raaW additional mcmmsrspeMppanM, whlch wil
increase int numbers satisfied community members.
FISCAL IMPACT
Approval M the adactted contract will have ne Impact to one General Fund as up b 127.94334 of revenue will
be reserved from CUSD as reimbursement for up to 127,943.34 of program expenses, whitlt InclWes a 1096
adminiMrative fee.
vm.oreemcmcooreu
Attachments: CUSD Contracts l:a ���a e�a� r�
Resolution
_$a 51w�
March 125, 2010 Coundl Adoption: 03135/10
TO: MAYOR ASHLEY SWEARENGIN Mayor Ve
Mayor Vero:to:
Override Ptyues[:
FROM: REBECCA E. KLISCH, CMC
City Clark
SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO
At the Council meeting of 3/25/10, Council adopted Me attached Resolution No. 2010-53
entitled 0e amndmnt to AAR appro $24,500, informal science program @ ] CUSD
sites, Item NoAGA, by the following vote:
Ayes Borgeas, Brand, Dages, Peres, Staling, Xiong, Westedond
Noes None
Absent None
Abstain None
Please indicate either your formal approval or veto by completing Me folloWng sections and
executing and dafing your action. geese file Me completed memo with the Clerk's office on
or before April 5, 2010. In computing Me ten day pedotl required by Charter, the Met day has
been excluded and Me tenth day has been Included unless the I& day is a Saturday,
Sunday, or holiday, in which case it has also been excluded. Failure to file this memo YAM
the Clark's office within Me required time limit shall constitute approval of Me ordinance,
resolution or action, and it shall lake effect without Me Mayor's signed approval.
Thank you
APPROVED:
VETOED for Me following reasons: (Witten objections are required by Charter; attach
additional sheets if necessary)
Date:
Ashley Swearengin, Mayor
COUNCIL OVERRIDE ACTION: Date:
Ayes
Noes
Absent
Abstain