HomeMy WebLinkAboutClovis USD - ASES/21st Century 2009-2010 to provide one Leader(s) to instruct and Coordinate Informal Science Instruction After School Program at Tarpey Elementary 2700 Minnewawa 9/24/2009-6/11/2010CUSD:
AGREEMENT
CUSD Depamnent:
Between
Program:
Clovis will Scholl Duma
S
And the
ConYxtor's Cooled Person:
Rendell Cooper
2
CITY OF FRESNO
SSN:
Program Provider:
ASES21'� CENTURY
2009-2010
b
GENERAL MFORMATION
CUSD:
City of Fresno
CUSD Depamnent:
Aper School Programs
Program:
ASES110
Contact Person:
Debra Willsie
Comrednr
Contractor:
City of Fresno
Contractor INquirmenUAddren:
Fresno City Parks and Recreation
1515 Divisadero St.
Fresno, CA 93721
ConYxtor's Cooled Person:
Rendell Cooper
Conlrector's Taxpayer ldentifration Number or
90.6000339
SSN:
Program Provider:
Clovis Uniting] School District
Child Development
District: Clovis UniFlM School Distict
School Site/Address; Tarpay Elementary
2200 Minnewawa
Clovis. Ce 93612
This Agreement is made and ormeed into Nishdeyaflamnry 010, byand between Clovis UniflW
School Dlatrict (herewfter referred to as "CUSD"), and the City ofFresao (hereiwfkrrekwM to as
"CONTRACTOR').
L CONTRACTOR Services. CONTRACTOR, Ouough its Parks, After School, Recreation and
Community Sen ices Department, epees to provide: Qge(1) Leaders)(baenefter "Leader ')to
instruct and coordinate Informal Science (haeinafter"Sciencel uswclum for students enrolled
in the After School Program located u Clovis Undid School Dismet's'ramev Elementary
School.
Leader shall be responsible for Providing such services for each school days (30) of the After
School Program is opemted at the site from approximately 2 p.m. to 6 P.M. A school day of
scmuceshadiconsistofficurrWhomrs. The program shall consid ofa maximum of thirty (30)
days. The After School Pmgmm operacs acemrding toNe school sim'ecalmaar, which begins
on August 24,200 and concludes June 1 2010.
Page l of6
2. CONTRACTOROuaffcadons. CONTRACTORrepwmnutreitissineRemall licenses,
permissions, and legal qualifications to perform this Agreement, including:
oc Pineewnnfne CONTRACTOR expressly acknowledges and certifies that
CONTRACTOR and all of in employees, agents, and committee Mominafter
collectively "employees") working on a school site do not have a record of
conviction for any serious felony and understand Matthey must submit or have
submitted fingerprint: in a manner authmired by Me Department ofluhim,
together with Me gain isite f re sft mob in FAucatied Cade Section 45125.1,
and tint proof of such Defacement ofluatice clearhwe is to be provided to Me
CUSD prior an CON TRACTOR or its employees working at site:
I CONTRACTOR shell not perm it any employer to came in contact with students
coati the Department of Justice has ucerfained Mat the employee has not been
convicted of serious or via lent felony;
iii. CONTRACTOR shell codify in writing to Me CUED Mat none of its employees
who may came in contact with smdeas have been convicted of serious or
violent felony, and
iv. CONTRACTOR shall provide w CUSD a list of names of its employees who
mar, come in contact with ambiens.
b. TH Clearance, CONTRACTOR expressly acknowledges and codifies Mat persona to
Education Cade section 494M all employees then shall come into however with stWente
has submitted w an examination within the last 60 days to daermine that hdshe is flx of
active tuberculosis, or has on file. such determinaian that is still current and not expired.
3. Teter. This Agreement dull begin on lesion 11th.2010, and shall terminate on Junk102010.
There shall be nes extension of the want oram agreement wlMout a written agreement signed by
bath parties.
4. Ccmnensafan CUSD shall pay CONTRACTOR a maximum of Four Thousand one Hundred
Tweav F've Dollars and (Might ($4.125.00) for all services and materials provided under Me
tersisorthis Agroment. SucheompemationinclWesthefa0owingl(maxcmnpenudonamount
listed in permit 4a)+(ammok listed in pawgraph 4b)+moment listed in parugreph 4c)j
CUSD agrees to pny Contractor within thin. (30) days of receipt of invoice.
a
Maximupn
m vment to CONTRACTOR for Imaesuccess shell nes moved! Two
Thnrmnd Two Hundred Fifty Dollegand 00l I Oft gl$ 50.00).
b. Payment w Me CONTRACTOR of One Comment Five Hundred Dollars and 00/IOft
($1,500.00) for Me cost of materials, supplies, and deliverables related to
CONTRACTOR'S perforama ofservicies under Me rams of this Agreement.
c. Payment to Me CONTRACTOR of IO, of the sum of paragraphs 4a and 41; a the
onnt of Hundred 9evenN Five Wllma and W /IU05 ($3]5 00) rela4d to
.CONTRACTOR'S perfomunce of services under Me terms of this Agreement
5. Con0imoflntered. CONTRACTORdrca Mva,orantieiM[cshaving,myinw Ainreal
property, incasement, business inwmats in or income from sources which would provide
CONTRACTOR, hisMer spouse or miner child (ren) with Thermal financial gain as a result of
any recommendation; advice, army other amion taken by CONTRACTOR during the rendition
of sei v ices under this Agreement
Page 2 of6
6. Tenn'na nofAareemen. Either CUSDar CONTRACTOR may terminate this Agreement at
my time for any reused upon thirty (30) days written notice. In the event ofearly lamination,
CONTRACTOR shill be paid for satisfactory work performed to the date ofmttnination. CUSD
may than proceed wild the work in may manner CUSD deems props.
T. Indemn tv. The CONTRACTOR shall indemnify, hold harmless, add defend CUSD as each of
its offcerv. officials, emplovees, and agents from any and all loss, liability, fines, penalties,
forfeitures, toss, need damages (whether in mentraet tart, or shat liabiliry, including, but nm
limited to, personal injury, death at any time, and pmperry damage) incurred by CUSD,
CONTRACTOR or we after person, and from any and all claims, demands, and actions he law
r equity(including adopt ked and litigation expwrnm casing or alleged to ends directly or
indirectly from the negligent or intentional cuts or omissions ofCONTRAMR or my of its
officers, officials employees, or in the performance of Nis Agreement
CUSD shall indemai(y, hold harmless and defend CONTRACTOR and such of its dficers
officials. employee, or agents fmm any and all loss, liabiliry, James, penalties, forfeiwta, dies,
and damages (whether in contrera, tort or strict liabiliry, including, but not limited to personal
injury, death at any time, and property, damage) incurred by the CONTRACTOR, CUSD, or my
athcr person, and from any and all claim%demands. at actions In law or equity (including
runways fees and litigation expenses), arising or alleged to arise directly or indirectly from the
negligent or intentional acts or omissions of NSD or my of in ollimrs, officials, employee, or
agents in the performance of this Agreement,
In the event of concurrent negligence on the pat d1CONTRACTOR or any of an officers,
officials, employees, or agents, and CUSD or my of its otficars, of tends, employes, or agents,
the liability for any and all such claims, demands, and actions in law or equity fix such lasses,
fines, penalties f rkimres, mss, and damages mall he sppertion d weer the State of
CGlifome's theory ofcomlmrative negligence as presently established or as may be modifiM
hereafter.
This section shall survive imminence or expiration of this Agreement.
S. Insurance. It is and ,teed and agreed Net CONTRACTOR and CUSD maintain inmmnce
policies r self invnredce pmgnas to fwd their respective Facilities. evidence of Insurance,
Certificates of Insurance m other similar documentztiw shall not be required of either party
under this Agreement.
9. Independent CONTRACTOR Status. While engaged in carrying out the terms and conditions of
this Agreement to CONTRACTOR is an independent contractor, and not an uRcee, employee,
agent Instance, orjoint venture of CUSD.
10. Workers Comoewman Insurance. CONTRACTOR agrees to provide all necessary Workers'
Compensation insurance for CONTRACTORS employees if any, at CONTRACTORS awn
cost and expense.
11. Takes. CONTRACTOR agrees that CONTRACTOR bss nes entitlement toady future work fmm
CUSD or m my employment or fiage benefits from CUSD. Payments to Ne CONTRACTOR
puramt to this Agreement will has erred to Federal and Smretaing authorities as required.
NSD will not withhold wy money fmm comp rn alion payable to CONTRACTOR. In
particular, CUSD will nut withhold FICA beat xemdy) daze or federal unemployment
Page 3 of
in surrince contributions, auto or federal income tan or diwbiIity insurance. CONTRAC Ris
independently responsible for the payment of ell applicable taxes.
12. Assinment. The CONTRACTOR shall not design or trmafer by operation of law or otherwise
any or all of its rights, burdens, duties, or obligations withom the prior written careen of MSD.
IJ. Bwdwa130aa This Agreement shall inure full bereft ofmk shall be binding upon the
CONTRACTOR and COSD and their respective successors ail raiders.
14.2evembi1l. If my prevision of this Agreement shall be held invalid or unenforceable by a wen
ofcompetenQuriadiction, such holding shall not invalidate orrender menforeeable my other
provision hereof
15. Amendments. The terms ofthe sponsored shall not be waived, altered, modified. supplemented,
or ameMed in any m nerwhaucerver except by written agreement signed by both parties.
16. Uncapping Law. This Agreement shall ber governed by and construed in accordance with the laws
of the Sum of California and venue shall be in the appropriate Superior Court in Fresno,
Glifomia.
IJ. Windup Notice. Written notice shall be deemed to have been duly served if sent by certified
reit receipt mail to:
Page 4 of
CUSD:
CONTRACTOR:
Clovis Unified School Dinner
Fresno City Emig and Recreation Depanment
After School Program
Animation: Randall Cooper, Director
Attention Jackie Burgan, Director
2326 Fresno Sums, Room 101
1735 David E. Cook Way
Fresno, Califtindia 93721
Clovis, CA 93611
e: T Ecy Elemmrtr
c 2700Mnnewuwo
Clovis. Cu 93612
18. Non-Disurimintien. During the peN'omance ofthis Agtmmem, CONTRACTOR and ias
subcontractors(ifapplicable) shall net unlawfully discriminate, harass, or allow harassment
agdnst any employee or applicant for employment bec sue of nett, religion, color, national
origin, ancestry, physical disability (including HIV ark AIDS), medical condition (comer
relad), marital stews, age (over 40), gender, sexual preference, of any other non much holes
nrelated wjob write. Such action shall prelude, but not be limited to the following:
emplovarent, upgrading,demotion, or transfer. retirement or cmnitmentadvertising, IayoRor
commotion, rata of pay or other farms of compensation and selection for training, including
apprenticeship. CONTR =R and subcontractors shall insure Hart the evnhmtion and
musical of their employees and applicants fm employment are free afsuch discrimination and
harassment. CONTRACTOR and subccenuanors shell comply with the provisions of the Fair
Employment and Housing Act (Government Cade, Section 12900 in set and die applicable
regulations promulgated hereunder(Calif is Admmiisuative Cad, Title 2, Section B85.0 in
seq.). The applicable regulation of the Fav Employment and Housing Commission
implementing Government Cod, Section 12M, sen fort in Chapter 5 of Division 4 of Title 2 of
the CalJomin Code of Regulations are incorporated into this Agreement by reference and made e
pct hereof as if set farm w full.
19. Correlation with Law. CONTRACTOR agrees that it shall comply with all legal requirements.
for the performance eots duties under this agreement and that failure to do shall constitute
material breach.
20. EnfireAtmonentsin. This Agreement is int d&d by the Panies m the Enal expression ofdseir
agreement wit respect to such terms as are included herein and as the complain and exclusive
statement of its mems and may not be cmttadicted by evidence of my briar statement or of d
contemporaneous oral egreemem, nor explained or supplemented by evidence ofoonsistent
additional mans.
21. Execution of Other Documents. The permits as this Agreement shall cooperate fully in the
execution ofmy and all other documents and in the completion of env additional actions that may
be necessary or appropriate to give full force and effect to the terms and spend of this Agro ment.
22. Corl Aouroval. no eRectivenas of this Agreement is contingent upon the approval of to
Frame City Council.
E%cemed ut Clovis, California. on the dine and year first written above.
Pope 5 of
CUSD
COMRACMR
Clovis Unified School District
City or Freese
Parks, After School Recreation end Community
Services Department
Zb
Mich# Johlimin
dell Cooper
AssE Superintcnden4 Business Services
Director, Fresno PARCS
ATTEST:
REBECCAREISCFI
REVIEWED BY:
Clerk, Ctyof Fresno
'/ /T
y�� �(/
11116116
Jackd¢ti
ire .gen /
Director.CUSD Ager trot Programs
Dlovis
Deputy
Di
Clovis Unifies! School District
U
APPROVED TO AS FORM:
Fresno Ciry Anomey
Deputy
Date: �41d
Page 6 o(6
Clovis unMeE Scrool Milia
CONSULTANT SERVICE AGREEMENT & CEATIFIGTE FOR PAYMENT
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