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HomeMy WebLinkAboutClovis USD - ASES/21st Century 2009-2010 to provide one Leader(s) to instruct and coordinate Informal Science instruction Reagan Elementary 3701 Ashland Ave 8/24/2009 - 6/11/2010This Agreement is made and entered into this13trday ofJmmwv 20M by and bclween Clovis Unified School District (hereinafter m@rned to as"CUSD't, and the Ci* of Fresno (hemirmAer renamed to as "CONTRACTOR"). I. CONTRACTOR Servi . CONTRACTOR, through its Parhs, After Scheel, Recreation and Community Services Department, agrees to provide: ft(1)Leeders) (hereinafter 'Leader")to instruct and coordinate Informal Science (hereinafter "Science-) instruction for students enrolled n the After School Program and provide one (I) Family Science Night located a[ Clovis Unified School Dimmer's Ranson Elemenmry School. Leader shall be responsible for providing such services for each school days (30) of to After School Program is operated at the site firm approximately 2 p.m, ms p.m. Aschool day or e shall consistor f (5) horns. The program shill consist rfa maximum ofa dpy (30) days, The AM School Program operates according to the school ties's calendar, which begins on August 24 2009 and conoludcs June 11 20R. Pepe I of6 AGREEMENT B we n CLOY'1511NIFIELDISTRICT Andnd the Oe CITY OF FRESNO y ASESal"CENTURY d 21p9-2010 GENERAL INFORMATION CURD: CUSDDepanmem: After School Programs Program: ASESRI" Correct Person: Cindy Stimson Contractor. Contractor: City or Fresno Contractor Depamment/Address', Fresno City partes and Recreation 1515 Divisadero St. Fresno, CA 93721 Connector's Contact Peron: Randall Cooper Contractor's Taxpayer Identification Number or 94-60010338 SSN: Program Provider. Clove Unified School District Child Development Disnict Clovis Unified School District School She/Address: Reagan Elementary 3701 Ashland Ave Clovis, Ca 93619 This Agreement is made and entered into this13trday ofJmmwv 20M by and bclween Clovis Unified School District (hereinafter m@rned to as"CUSD't, and the Ci* of Fresno (hemirmAer renamed to as "CONTRACTOR"). I. CONTRACTOR Servi . CONTRACTOR, through its Parhs, After Scheel, Recreation and Community Services Department, agrees to provide: ft(1)Leeders) (hereinafter 'Leader")to instruct and coordinate Informal Science (hereinafter "Science-) instruction for students enrolled n the After School Program and provide one (I) Family Science Night located a[ Clovis Unified School Dimmer's Ranson Elemenmry School. Leader shall be responsible for providing such services for each school days (30) of to After School Program is operated at the site firm approximately 2 p.m, ms p.m. Aschool day or e shall consistor f (5) horns. The program shill consist rfa maximum ofa dpy (30) days, The AM School Program operates according to the school ties's calendar, which begins on August 24 2009 and conoludcs June 11 20R. Pepe I of6 2. CONTRACTOROusifcations. CONTRACTOR represents that it has in edam all licenses, permissions, and legal qualifcationsto parfom this Agreement. Including: a Fine rintint CONTR ORexpmulyacknow[MgesandcenifiesO t. raICONTRACTOR and all of itsemployeas, agents, and consultants (hereirufler collectively "employees') working on R school simdo not have a record of conviction for any serious felony and understand that they most submit cr have submme i fingerprints In a=met autheriveol by the Department of Justice, together with the rtyuisite fee as sen fort in Education Cade Section 45125 1, and then inner of such Department of Justice clearance is to be providd to the CUSD prior to CONTRACTOR or its employees working at site; it CONTRACTOR shall not Demit any employee to come in contact with studenu until the Department of Justice has asnemind that the employee has not been convicted of a serious or violent felony, un. CONTRACTOR shall certify in writing to the CUSD that none of its employers who may come in contact with students have been convicted of serious or violent felony; and iv CONTRACTOR shall provide to CUSD a list of names of its employees who may came in contact with students. b. TR Claimants. CONTRACTOR expressly acknowledges and certifies that immune or Education Code section 49406 all employees Chet shall come into contact with students has submitted to an examination within the last 60 days to determine that holshe is free of active tubefculods, or has on file, such determination tlut is Wit current and not expired. L Term.. This Agreement shall begin on Januw 11 2010 and shall terminate on Juno 11 2010. There shall be no extension of the term of the agreement without a women agreement signed by both issues. 4. Compensation CUSD shall pay CONTRACTOR a maximum of Five Thousand E'eh Hundred 'Twenty Two Dollars and 79l I00s (15,922.78) for all services and materials provided under the toms of this Agreement. Such compensation includes the following [(max corporations amount listed in paragraph 4a)+(amount listed in pengraph 4b)+(amount listed in paragraph 4c)1 CUSD agrees to pay Contractor within lhmv (3O) days of recover of invoice. a Maximum payment to CONTRACTOR for Leader services shall not exceed Three Thousand Fonv Three Dollars and W100s (51,045 J4). b. Paymeatto the CONTRACTOR of Two Thousand Two Hundred Fifiry Dollars and 001100s (52,250.00) for the cost of ammials, supplies, and delivcmblcs related to CONTRACTOR'S performance of services under the terms or this Agreement. c. Paymenttatlre CONTRACTORof IO%ofMesumofp=Waphs4aend4bin Ne aunt ofF've Hundred Twenty N'ne Dollars and 14I100s (5529.14) retard m CONTRACTOR'Spetfomanceofservicosundotheternsofthis Agrce mt. 5. Conll'm of mmmat. CONTRACTOR does nm have, or anticipates having, any interest in red pmlmty, investments, business interests in armcome from sources which would provide CONTRACTOR, hisrhn spouseor minor child (ren) with personai fioamial gam as a result of any recommendation, suvice, or my other anion Wen by CONTRACTOR during the rendition of services under this Agreement Page 2 of 6. Teaminutionof Aereement. Mdmr NSD or CONTMCTOR may terminate this Agreement at any time it my names upon thirty (30) days written anti". Nthe event ofearly termination, CONTRACTOR shall be paid For satisfactory work pcommucal m me date ofWrionation. CUSD may then proceed with Ne work in any manner CUSD dams proper. ). IndemniW. The CONTRACTOR shall indemnify, hold harmless, and defend CUSD and each of its officers, officials, employees, and agents from my add all lass, liability, fines, penalties, forfeitores, costs, and damages (whether in comae, cart. or gnat liability, including, am not limited to, personal injury, death at my time, and pmperry damage) incurred by CUSD, CONTRACTOR or my other person, and firm my and all claims, demands, and actions in law or equity (including moneys fees and litigation expettresh arising or alleged to arise directly or indirectly from me negligent or intentional acts or omissions ofCONIHACfOR or my of hs officom, officials, employees. or in he performance of oris Agreement. CUSD shall indemnify, hold harmless and deRnd CONTRACTOR and each of as officers, officials, employees, or agents from any and all her, liability, fires, prommes, farfemears, cons, and damages (whether in carnet, ton, or strict liabildy, includm& but not limited to, peranml injury, death at my time, and property damage) ineumd by the CONTRACTOR, NSD, or any other person, and from any and all claims, dargark and screens in law in Nutty (including mommy's per and lifirration expenses], setting or alleged to mise directly or indirectly from me negligent or Wardroom acts or omissions oFCUSD or my of its officers. officials, employees, Or agents N the perfhmunce ofthis Agreement. In the event of concurrent negligence on the pan of CONTRACTOR m my of ds officers, officials, employees, or agents; and CUSD or my of its officers, officials, employees, or agmy me liability for my and all such claims, demands, and actlons in law or equity for such losses, Fines, griallim forfeitures, toxo, and damages shall he apportioned ender the Spate of California's beery of comparative negligence as preamtly, established or as may be modified modest. This section shall survive termination or expiration of this Agreement. A. Insurance. It is unders oodand agreed Nat CONTRACTOR and NSD maintain insurance policies or self -in ceprograms 0 hand their respective liabilities. Evidenceoflnsumace, Certidemes orcin e or other similar documentation shall not be requited of either parry under this Agreement. 9, Independent CONTRACTOR Status. While engaged in carrying our me terms and conditions of this Agreement, the CONTRACTOR is an independent contrea", and not an oRca, employee, agent. purpose, orjoint venture oFCUSD. 10. Worker's Comoaromon l amara e. CONTRACTOR appear to provide all necessary Workers' Compensaion instant for CONTRACTOR'S employees, if my, at CONTRACfOWS own curt and expense. 11. Taxes. CONTRACTOR agrees Net CONTRACTOR has no entitlement to my Kris work From CUSDortomyemploymentorfngebencfiufom CUSD. Paymentstome CONTRACTOR program to Nis Agreement will be reported to Federal and Stammering authorities as required. CUSD will not withhold any money from compensation payable to CONTRACTOR. In particular, CUSD will not withhold FICA (s"ial security) nate or federal unemployment page 3 of insurance contributions. scale or federal income tax or disability insurance. CONTRACTOR is independently responsible for the payment of all applicable taxes. 12. Assam. The CONTRACTOR shall not assign ortmrmfer by operation of law or otherwise any or all of its rights, burdens, duties, or obligations withom the prior written consent ofCUSD. 13. E indmIt Effect. This Agreement shall inure to the benefit of and shell he binding upon the CONTRACTOR and CUSD and Navreapedive wussmm end assigns. Ip. �rebil,ty. If any provision of this Agreement shall her held invalid or unenfarcwble by a court ofcompetenljurisdictioo, such holding shall not invalidate or render unenforceableany mho provision hereof 15. Amendments. The terms ofthe agreement shall not be waived, altered, modified, supplemented, or amended in any manner whatsoever except by written agreement signed by bmh panic. 16.Odvemine Lew. This Agreemem sM1ell be guvemed by and construedmeccoNmce with Melaws of the state of Califomin and venue shall be in the appropriate Superior Court to promo, Uifi mta 19. Written Notice, . Written notice shall be dcemed to have been duly served if sent by certified return mrsipt mail to. PageJuf6 CVSD: CONTRACTOR Clovis Unified School District Fresno City Parka and Recreation Department After School Program Attention: Rendall Cooper. Director Attention: Jackie Borgan. Director Me Fresno Street Room 101 1735 David E. Cook Way Fresno, California 93721 Clovis, CA 93611 etc: Reagan Elementary 37014shlan Ave Clock, Ca 93619 e.Non-Discdminaticen. During the perfommnce of this Agreement CONTRACTOR and its suloontractors (if applicable) shall not unlawfully discriminant, immns, or aEow harassment against any employee or applicant for employment because of race, religion, color, national origin, summary, physical Rai (including HN and ANS), medical condition(cancer related), marital status, age (over 40), gender, sexual preference, or any other non -merit Susan correlated mjob duties. Such action shall include, but not be limited to the following: employment upgrading demotion, or trusi recruitment or merriment advertising, layoff or termination, rates of pay or offer f s of compensation and selection for training, including apprenticeship. CONTRACTOR and subcontractors shall insure that the evaluation and taeaament of their employees and applicants In employment are fta of such discrimination and harassment CONTRACTOR and suiwnntawna shall comply with the provisions of the Fear Employment and Housing Act (Government Code. Section 12900 at seq) and the applicable regulations promulgated hereunder (California Administrative Code, Title 2, Section 9285.0 er seq). The applicable regulations ofthe Fair Employment and Housing Commission implementing Government Code. Section 12990, sett South in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations art incorporated into this Agreement by reference rod made a Par mocafas if set forth in full. 19. Cartel ana w th Law. CONTRACTOR agrees then it shall comply with all legal requlremenls for the performance, of its duties under this agreement and that failure to do shall constitute material breach 20. Entire Aeu mem. This Agreement is intended by the Penia as the fi W expression oftheir agreement with respect o such terms as are included hearrin and an the complete and exclusive treatment of its menu and may not be comedic¢! by evidence of any prim agreement or of contemporaneous oral agreement. nor explainm ed or suppleenteafternoonby evidence afternoon additional terms. 21. Execution cef Other Documents, The partiam this Agreement shall cooperate fully in the ecution army and all otherdnuromm and in the completion of any additional actions that may 4 necessary orappropriate m give full fora and effM to the mmm and Inmpt ofthis Agreement. 22. Council Approval. The effectiveness orchis Agamont is contingent upon the approval of the Fremo Clay Council. Executed u Clovis, California, on the dam and year first written above Page 5 of I';. c. CURB Clesis Unified Schml Di Mic el to lou Asst. Superinbcndenl, Business Services REVIEW DBY: c v lacki urger Direnm, CUSD After So of Programs Clovis Unified School Districi CONiRACfOR Cry of Fresno Parks, After School Recreation and Community Services Depmurnent dell Ccopar Director, Fresno PARCS AMST: REBECCA KLISCH Clink, ON of Fresno DepulY #16/14 .a e• i it��i- Deputy NOW Bare:�u�ro APPROVED BY Fresno City Counsel Page 6 of , �\ 0|/ ;,§20 � / \\ |� Ci \\§)) } !! _!• ) /§ �} Z y , �\ 0|/ ;,§20 \\ Ci \\§)) } !! /§ �} , �\ 0|/ ;,§20 , �\ Cal lc UnMea Strops cat CONSULTANT SERVICE AGREEMENT & CERTIFICATE FOR PAYMENT as W1 m It5,LM1 Gne: mmanota Agreements m: GwFRaxouz mnplpr. G.kA'. WOIyA• soma V. mmGM m1 1Ne 1& wou lmTbrtl MOry Mr11and: UNIIpstlrml WL4a. 3"50 Mngm Aw. 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