HomeMy WebLinkAboutClovis USD - Agreement to provide one Family Science Night at Oraze Elementary 3468 N Armstrong Ave 9/22/2011-6/8/2012GENEMLINFORMATION
CAD:
CUSD Department
AGNEEMEM
Program:
6WIs UNIFIED
I EO SO OISTItIR
WmaR Person:
Anti the the
COY OF fRF$NO
Fresno, CA 93221
Conftsi Contact Person:
Oram Ebmenery
Cmdractq's Taxpayer lcle"flWon Number or
"u -mu
GENEMLINFORMATION
CAD:
CUSD Department
Oraze Elementary
Program:
Tine One
WmaR Person:
Kim Tblesen
Combr r:
Commachar:
Cityof Fresno
Contractor Debartment/Aldress:
Fresno Ory Parks and Recreation
1515 Dhhadmo St
Fresno, CA 93221
Conftsi Contact Person:
Brum A. Rudd
Cmdractq's Taxpayer lcle"flWon Number or
946[00330
%N:
program provMer:
UONS Under! SMool District
Onae Elementary
District OONS Unified School DlRdct
Sclwol She/Address: Oraze Elementary,
340 N. Armstrong Ave
Freese, (A 93227
this Agreement Is made and mRered Into Mis -MMY ofx by and between Ueris UnMed
M
SChodbk R(herNneNer referretloas'CUSD'), and Me City of Fresno (hereinafter referred o as
'CONTCEOB'(.
1. CONTIVai Services, 0011TRACT01t, through Its Parks, Affair Shoot, Recreation and Community
SeMres Department,, agrees to preside: one (1) Family Sclmm NIgM looted a OONs Unified STopl
District's Onize —Elementine Suhuel,
Leader shall be responsible for poNding such serylCKS for eaM srhoal day (1) of the Title One Program Is
operand of Me she from aMemomoodY 2Am.o B p.m. A xMol day of service shall romlR of gKM hours.
Me "mm shall Consist N a maximum of rg� day. TMTMe One Program opmfes avrording o Me
school she's calendar, which begins on AueuR12 2013and concludes June 00 2013.
2. C If CUMRAROR represenhtlath has in eheR alt lh<enses, permisshom,
aM (gal Rue"l Om to perform MIs Agreement, (W uding:
0. FfiNKRu rtre C4WT ORexPnsslyark lw gesandmr es Me:
k CON111I and all of ON emplOyees, agents, and consultants; )heMnaftermllecmvely
employees') workiegF on a school site Cao not base a record d mnvlNan M any
sedns felony and understand that they must submit or haw submitted fingerprints in
a manner auManlMd by the Department of Andres, tagether with the requlsge fee as
set forth in Education Code Sectlon 45125. 1, and that proof of such Department of
Justice dearance Is to be provided to the CUM prior W WNTRACIOR or its employees
working 9site;
Tt CON1RACfOR shall notpermlt any employeet0 come in to. dwithstudentsuntil
the Department of Justice has ascertained that the employee has not been convicted
of a serious or Walmrtfrlany;
Ill. COgRRACTOP shall Measly In wndng to the CUM that none W Its employees who may
me In cuMact with students have been comwUnal M a serious or Vainest felory; and
Is. CONTRACFOR shall provide W CUM a het W names of I6 amPlasmas whe may¢me In
contact with students.
b. Tg Oea¢n¢ fDMIMCFOR expressly ackewsvledges and certMesthn pursuantto Education
Code section 454o6 all employeesthat shall come team mntactwithstudents has submitted W
an ination Iodine the last M dwsta delerminethat he/she is free of actHetuberculosis,
or has nflle, such determination Mat is skin current and not expired.
3. L. This Agreement shall begin Our November0g 2011 and shall terminate on lune 08 2010. There
shall be NO extension of the term of the agreement without a wdnen agreement signed by both
parties.
4. Comoewdon CUM shall pay CONTRACTOR a maximum of Cam thousand Seven hundred �filh.,Tsyq
Oallars and 50/1001 me for all services and materials provided under the terms&this
Agreement SUA ¢mcensatin IegludestMfolWwieg Ilma. mmpmsatln amaum listed In
paragraph 4a)+(amount listed in paragraph 46), )amnm lined In wragraph4 )1
CUM agrees t0 pay Cono-aRm within thirty)3O) days of re¢iptof Invoim.
a oWW M
. abmum Ymert CORACTOR M for I-easervices shall net exceed One Thousand
Sevin OWI M/ COs 1.
b. PaymeMWtheCONTRACTORnf F' ridnd d )for the costal
materials, supplies, and de iveradas relabel to CONTRACTOR'S performance of services under
theteems W this Agreementl
c payment WMe CONTRACTOR of IMofthe sum OffsragraphsM and46 in the amountof_
Oe bundrid fray Saven Union and Ml 0) related W CONTRACTOR'S
Performance W services under the terms of this Agreement
5. COleilad1merest CONTRACTOq does ew[haue, oraeeddpa[es havielg, any irrteresl In rralproperty,
Investments, business interests In or Income from sources which would proWde CONTRACTOR, hh/her
spouse or minor child Iran) with personal financial gain Is result of any recommentladm, advice, or
any affair action taken by CONTgACfOR during the mnd'NOn W services mMe this Agreamem.
6. T f . Either CUM or CONTMCTOq may terminate this Agreement Aany Came
forarymasonuponthirty(30)da wn nnotl¢. In Me e¢n[Weadyteeminetlon, CONTMCTOq
shall be paid for satlsfacWry wank parformadto thedate W termination. CUSD maythse pmreed wRh
Me wwk In aery manerer CU50 tleems grope.
2. IMemnIty, lla CONTRACTOR shall inderneafy, Mltl harmless, anddHend CUSD end each of b
Officers, Offidais, employees, andagmts from any and all mss, healthy, from, penalties,forhitures,
costs, and damages (whether In correct, tort, or acct liability, Including, but net limned W, personal
Injury, death at any time, and property damage) Incurred! by CUM, CONTRACTOR, or any other person,
and from am and all claims, demands, and actlom in law or Nulty (Including whomey's fees and
litigation expttrses), ansing Or alleged to arise cheaddy Or InciireNy from the negllgeM or Intentional
acts or Omissions M CONTRACTOR or any of Its officers, oHlclals, employees, or in me perfoameon of
bills Agreement.
CUM shall ImkfnNFy, hold harmless and defend CONTRACTOR and each of Its Offi¢q officials,
employees, or agents from any and all loss, liability, than, measures, forfeitures, costs, and damages
(whether in Contract, tort, "mict liability, inducing, but not limited to, personal injury, death at airy
time, and plopeM1y damaged mourrM by the CONTRACTOR, CUM, or arty other person, and from any
and all deem, demands, and actions In law or Nulty (Including attafrley's fees and IPogatlon expenses),
sing or alleged to anse thready or indirectly hum the ne dipent or intentional am or omissions of
CUM Of anyaf HIS officers, refills, employees, or agents in the performance of this Agreement
In the event awrwrrfent negligence on the part of CONTRACTOR Or any of N officers, tensile Is,
employee, or Menu, and CU50 or arty of Its officers, officals, employees, Or agents, Poe detail my for
any and all such claims, demands, and actions in law or equity for such losses, fines, award ties,
forfettures, cm, and damages shall be apportioned under me State of Califon ma's theory of
composition negliganm as presently whablisMd or gas may be mail hereafter.
nis seneon Shan sofar ve termination or expiration of this Agreement
S. Insurac. N is understood and ap-mahrt Warrig oil and CUM maintain insurance policies or
sMtimuranse programs to fund their respeRiw liabilities. The awl agree that such respective
programs or polry, coverage ar Warkerz' Compensators shall contain a waiver of subrogation as W the
other path and enol & Its officers, Officials, agents, employees and authorized volunteers. Evidence a
Insur ance,Cebfiates of Insurance or other Man lar documentation shall not be No ifei Of either parry
under this Agreement.
9. Indeomdertt COMRACfOR Stat. WhileengagedlnmrryingoNthetefmsandm womof is
Agreement, the CONTRACTOR Is an Independent contractor, and not an oNher, employee, agent,
partner, "joint venture of CU50.
10. Worlou's Compensation linsuramme. CONTRACTOR agrees to provide all remssary Workers'
Compensation Insurance for CONTRAMWS employees, IF any, at CONTRACTOR-5 Own cost and
eapeme.
13. Ta_aes CONTRACTOR agrees me CDNTRACTOR has an entNem ore to any future who from CUM or W
aMemploymentorhineberrefi6hom CUSO. peymerttito the CONTMCfOP purwan[(othis
Agmc eat will be reported W Federal and SGseteeing authorfPes az required. CUM will root withhold
any money from rgmpensaGon payable W COMRUTOC In particular, CUM will not wtthhoff HG
(soda[sem )ststem%deralunemploymentinsurnmwnhlbutions,mteorfedafalllmmetaxor
dlsablllryinsurance. COM holt is independently responsible for Use payment of all appliable
taxes.
13. Assignment. The CONTRAQOR shall not asslgn ortran9tt by operation of law or otherwise any" all
of Its rights, burdens, dames,"obligations without the pnorwnhen consent of CU50.
B. gindine EMeR This Agreement shall inure to the benefit of and shall be binding upon the
WN1 V(JDR and CUSS and Meir resileWve sumesaom and assigns.
10. Srawalbilltv. H any proWWon of 0 i Agreement shall be held lnnlid or uMnforciable by a couaa
consistent to such holding shall not invalidate or render unenforceable any other provision
hereof.
15. Am end theme . The firms of the agreement shall rot be waived, ahered, modified, supplemented, or
amended In any manner whatsoever ncept by written worsen not signed by both partlea.
16emirmine taw. lids Agreement shall be governed by and construed in accordance with the lawn of the
!Rabe of 016ornia a W venue shall be in the appropnate SoMim Court In Fresnq With ia.
17. Written Notice. Written notion shall be deemed to have been duly served M sent by cestMed mum
rettlptmallto:
2M CONmaw:
CIONS Unified Schpol District Fresno City Parks and Recreation Department
Attention: Sud Erickson Attention: Bruce A. Rudd
Principal, Oraxe Elementary Assistant Gly Manager
Craae Elementary, 15B Oivaseldo5t.
3468 N. Armstrong Ave Fresno, California 93721
Fresno, CA 93]2]
IS, No -o' - aliDuring the performance ofthis Agreement. CONIFRACrOR and its subcontractors
(Nappllcable) shall not unlawfully discriminate, harass, or allow harassment against any employee m
appRcaMfor employment because of race, religion, colo, national Origin, industry, physical disabOdy
(including HIV and AIDS), medical condition (cancer related), marital rtatus, age lover 40), gender,
Hereof preference, or any other non -merit factor unrelated tejob dudes. Sud action shall include, but
not he limited N the following: employment, upgrading, deceptive, or transfer, resmRaent Or
recruitment advad ing, layoff ortermiwtion, rates of pry yr other forms of compensation and
selection fortraining, Reducing apprenticeship. CONTMCT0R and subcontractors shall more that me
evaluation and treatment of their employees and appll®nts fur employment are flee of such
discriminationand Imrasment. CONTMCTOR and suhwMratmrs shall comply a h the poesslons of
the Fah Employment and Housing Act(Government Cade, Se[fion 1 etseq.) and the applicable
regulations promulgated hereunder (Calforni Administrative Code, Tilde 2, Secdon 7M.0 erseq.).
The applicable regulations of the Fair Employment and Housing fnmmeslon implemerNng
Government Code, Sweden 12990, set font in Ore" 5 of Division 4 ofTi le 2 of the California Code Of
RKulatalm are incorporated (Me this Agreement by reference and made part hereof as if set forth In
full.
19. CamPlian(AWMIIJVN. CONIMCTOR agrees that it shall comply with all legal requlrerrerts for she
Performance Oft duties under this agreement ant that failure to do shall comldN[e metrial beach.
20. EMhe Aareetnent. This Agreement is retarded by the Parties as the final examission Mthelr agreement
with respeetto such terms as are included herein and as the mmpleteand eaclusive statementof its
terms and may not be contradicted by e0dence of any prior agreement or of a contemporaneous am;
agreement, nor endeared! or supplemented by evidence of consistent additional terms.
21.E*euti . Tied yrties to this Agreement shall cwaratefully name execution of
any and all offer documents and in the completion of any adddional actions that may be necessary or
appmpriamto giro NII force and el N Metermsard intent of MIs Agreement.
22, Coundl Aoorow. The effectiveness of this Agreementis contingent upon Ne approval ofthe Fresno
Gty Courml.
Execated at Goyis, Calgamia, on the date and year first written above.
aFso
CIaWs Unified Yhaol Dislrftt
Suzi Fnrkson, WRI
Oraze Elementary
REVIEWED BY:
92 R OR
City of Fresno
Parks, fifer School Revertlon ant CommunHY
Semees DeoaNnenf
Rmw A R tld
0.ssislan[CRy ManaBeq Fresno PARCS
ATIESr:
REBS RDSCH
Clerk, Ory of Fresno
APPROVEDTOASFORM:
F(en//no CityAttornry.
O0-
OePuly �.'(2