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HomeMy WebLinkAboutClovis USD - Campus Clup Spring Break 2010 to provide one leader(s) to instruct and coordinate Informal Science instruction Woods Elementry, Freedon Elementry, Mountain View Elementary 8/24/2009-6/11/2010Dishim: Clovis Unified School Distrim School Sim/Address: Woods Elemenmry 700 Teague Ave Clovis, Ca 91619 Freedom Element Ave2955x, Ca stsurg 93611v Clovis, Ce 93611 Mountain View Elemenary 2002 EAlluvial Frame, Ca 93720 3�25�1 D This Agreement is made and eatered into this 2Wday of March 2010, by and betwcen Clovis Unified School Found (hereinafter refened to ss "CISD7U and the City of Remo (hereinafter fefined to as "CONTRACTOR"). Page I of AGREEMENT o1Between xq CLOVIS UNIFIED SCHOOL DISTRICT And the CRY OF FRESNO 0. ud CAMPUS CLUO Spring Break 2010 GENERAL INFORMATION CUSD: CUSD Department. Child Development Program: Campus Club Contact formal Drew Pearson Coasramar: Contractor CityofFmino Contractor Oepamnent/Address: Fresno City Parks and Recreation 1515 Divisadem St. Fmsno, CA 93721 Contractor's Contact Person: Randall Cooper Contractor's Taxpayer Identification Number or 94.60003311 SSN: Program Provider: Clovis Unified School Dinfid Child Developmrnt Dishim: Clovis Unified School Distrim School Sim/Address: Woods Elemenmry 700 Teague Ave Clovis, Ca 91619 Freedom Element Ave2955x, Ca stsurg 93611v Clovis, Ce 93611 Mountain View Elemenary 2002 EAlluvial Frame, Ca 93720 3�25�1 D This Agreement is made and eatered into this 2Wday of March 2010, by and betwcen Clovis Unified School Found (hereinafter refened to ss "CISD7U and the City of Remo (hereinafter fefined to as "CONTRACTOR"). Page I of 1. CONTRACTOR Services. CONTRACTOR through its Parks, After School. Severance and Community Services Deparpnent agrees to provide: One W Leadm(s) (M1ertimfler "Leader") to instruct and coordinate Informal Science (hereinafter "Science') instruction for midents Atwlled in the Campus Club Program located at Clovis Unified School District's Weeds Elemamary Freedom Elementaryand Momentum Yew Elementary Schools. Leader sba0 be responsible par providing such services for each day (3) ofte Campus Club Program is operated at the site from approximately g am. to 4pm. A day of service Ahall consist of tent (10) hours. The pragamn grafl consist of maximum of cbrSp(1) days. The Campus Program operates according to the school sae's calendar, which begins on Augur[ 24. 2009 and concludes June I 1. 20 2. CONTRACTOR Qualification . CONTRACTOR rep menta that it has in effect all licenses, prestigious. and legal modifications to perform this Agreement including: a.Fna es nt tinting CONTRACTOR expressly acknowledges and onificsthan iCONTRACTOR and all of its employees, agents, And consultants.(herefafla collectively'employcas") working on a sch sol site do not neve a record of suvictien for any serious *]any and command that they mug submit or have bmitted fingerprints in amatmer Authorized by to Experienced Offustice, together with the exquisite has As sea forth in Education Code Section 45125. 1, and that proof of such Department of Justice cl®mnee is An be provided to the CUSD prior to CONTRACTOR or its employees working 9 sits; hi. CINt'RACTOR shell not number any employee to cane in contact with students until the Department ofluslimties ascetmined that the employee has not been convicted! of serious or violent felony; Hi. CONTRACTOR shall certify in writing in to CUSD that none of its employees who may, come in contact with "nuts have been convicted of Andorra or violent felony: and i. CONTRACTOR shall provide to NSD a list of names of its employees who may come In Contact with students. b, THCleaance. CONTRACTORex lyacknowledgesandwrtifiesthatpunuantto Education Code section 49406 all employees Net shell come into contact wit students has submitted to an examination within the lest 60 days to detcnhine tut helshe is flceof active tuberculosis, or hes on fife, much determinaton tat is gill current and not expired. 3. Term. This Agreement shall begin on March 29.20 10 And shell minniwe on Anil 02. 2010. There shall he no extension of the term of fire agreement without a written agreement signed by bot pmtia. 4. Compensation CUSD shall tiny CONTRACTOR a maximum of One Thousand Two Huntlred Thirty Seven Dollars and 50/I00s ($1.237.50) for all services and materials provided order the temosofthis Agreement Such compensation includes me following((max compensition amount listed in paragraph 4A)+(Mount listed in paragraph 4b)+(amount listed in paragraph 4c)] CUSD agrees to pay Contractor within tirl (30) days of receipt of invoice. o Maximum payment to CONTRACTOR for leader services shall not exceed Four Hundred And Fifty Dollars uW 00l Ithis (5450.00). b. Payment to to CONT RACTOR of Six Hundred Swisnry Five Dallas and 00/l IRs ($675.00) forte cost of inaterida, supplies, and deliverable related to CONTRACTOR'S pemfannunce of services order the terms of this Agreement. Page 2 of C. Payment to the CONTRACTORof 10%ofiAesum ofpamgmphsilannd 46 in the wriountofCone Hundred Twelve Dolumand 50,100s (SI 12.50) related to CONTRACTOR'S perfonmce of services under Ne terms of this Ag mment. 5. Cat Ilia of Interest CONTRACTOR does not have, cur anticipates having, any human m road properly. investments, buninew mtenests in orincome doing sones which would provide CONTRACTOR, his/her spouse w minor child (ren) with Personal financial gain as a result of any recommendation. advice, or my other action taken by CONTRACTOR during the rendition of services under Nis Agreement, 6. Temiinalionof Agreement Either CUM or CONTRACTOR may terminate this Agreement so any time for any resign arm thirty (ED) days written notice. In Ne went ofearly termination, CONTRACTOR shall be paid for satisfactory work performed ro Ne date of nomination. CUM may then printed with the work in any manner CUM deems proper. ]. bdemn'N. The CONTRACTOR shall indemnify, hold harmless, and defend CUM and each of its officers,. officials, employees, and agents from any and all logs, liability, fines, pending. forfeitures, cons, and damages (whether in conteeo, ran, or strict liability, including but nm limited to, personal injury. death at my time, and property damage) incurred by CUM, CONTRACTOR. or any other person, and from my and all claims, demands, and remotes in law or equity (including attorney's f s and litigation emencu), mining or alleged to more directly or indirectly from the negligent or intentional acts or omissions of CONTRACTOR army of its officers, officials, employees or in Ne performance. of this Agreement. CUM shall indemnify, hold harmless and deficadCONf CTOR and web of or officers, officials, cmployus, or agents tram my and all loss, liability, fines penalties, hurricanes, eggs, and damages (whether in contract ren, or strict liability, including but not limited to, personal injury, death at any time. and properly damage) incurred by the CONTRACTOR, CUM, or env other person, and from any and all claims, demands and actions in law or equity (including affomey'sfees and litigation expenses. midrigonalleged to aria directly or widownly from Ne negligent or intentional arcs or emissions of CUSD or any of its officers, officials, employees, or agents in the performance of this Agreement. In the event of concurrent negligence on the pan of CONTRACTOR army of is officers, officials. employees, or agent, and CUM or my of 6a officers, officials, anployees, or agents. the liability for say and all such claims, demands, and actions in law or equity fee such msses, fines, penalties, Endurance, casts., and damages shall be apportioned under the Stare of Califrmia's theory of comparative negligence as presently established or m may be modified hereafte. This section shall survive temiinudm or expirstion of this Agreement S. Insurance. It is understood and agreed that TRCUMCONCTOR and CUmaintain insurance ie policsr act inmrmcc programs to fund their respective liabilities. Evidenceof finumage. Certificates of bacteria or other simile documentation shall not be required of either prey under this Agreement. 9. Independen CONTRACTOR Sia us. While engaged in carrying out the terma and conditions of Page 3 of this Agreement the CONT FACTOR is an independent contractor, and nm an officer, employee. agent. Fenner; arj0int venture of CUSD. 10. Worker's Condensation Insurance. CONTRACTOR agrees to provide all necessary Worked' Compensation insurance for CONTRACTOR'S employees, if any, at CONTRACTOR'S own cost and expense. 11. Taxes. CONTRACTOR agrees that CONTRACTOR hear no entitlement to any four: work from CUSD or to any employment or fringe benefits from CUSD. Paymeaab Mc CONTRACTOR pursumlW Mrs Agreement will be tepvied to Federal end State taxing auJmrities as required. CUSD will not withhold any money from compendium payable to CONTRACTOR. In particular, CUSD will not withhold FICA (social security) stab or federal uoemptoymem contributions, stare or (Neral income tax or disability insurance. CONTRACTOR is independently responsible for the poymentof all applicable arms. 13 g. The CONTRACTOR shall not assign rr uanstbr by operation of law m otherwise any or all of as rights, burdens, dufiea, or obligations without the price written consent of CUSD. 13, Binding Effect. This Agreement shall more M the beneft ofand shell be binding upon the CONTRACTOR and CUSD and their respective successors and assigns. I4. Sevembrlrrv. If any prevision ofthis Agteemevt shall be held invalid or unenforceable by mute of compemat jurisdiction, such holding gull not invalidate or tender unenforceable any other provision herror. 15. Amendments. The terms of the agreement shall not be varied, allered, modified, supplemented, or emendN iv eny nenverwlubcever except by wrinen agreement signN by boM penia. 16. Oovemina Ism. This Agreement shell be govemN by and mnswed in accordance with the laws ofthe State of Calder is and venue shall kin the iFlimpriaa Superior Corm in Fresno, Calibrate, 17. Written Notice. Written notice gull IN deemed to have been duly served ifsent by .certified return rxeiptmeil to: Page 4 of CUSD: CONTRACTOR: Clovis Unifled School District Fresno City Parks and Recreation lhpamnent After School Program Attention: Randall Cooper, Director Attention: Jackie Mason. Diocesan 2326 Fresno Street Room 101 1735 David E. Cook Way Fenno, California 93721 Clovis, CA 93611 cot woods Elemeni 700 Teague Ave Clovis. Cu 93619 Fremonn Elementary 1955 Gerryrburg Ave Clovk. Co 93611 Mountain View Elementary 1002 E AiNvid Fresno, Ca 93720 18. Non-Dismanlnation. During the performance of this Agreement. CONTRACTOR and Its subcontractors (if applicable) shall not unlawfully discriminate, harass, or allow hmasament against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical disability (including HN and AIDS), medical condition (cancer modest). marital seems, no (mer 40), gender, =or l pre@rence, or any other non man factor unrelated mjob duties. Such action shell include, but not be limited m Ne following: employment upgrading, demotion, or transfer, memumnent or recruitment advertising, layoff or termination, mtaaaf grey or other forms ofcompmosition and selection for wining, including apprenticeship. CONTRACTOR and suhconbxtors shall mature Not Me evaluation and treatment of their employees and applicants for employment ms free of such discrbninamen and harassment CONTRACTORendsubeaak omshallcomplywiththepravisimnofthe Fah Employment and Housing Act (Government Code, Section 12900 et seg) and the applicable regulations promulgated hereunder (Calif anis Adminiturrove Cade, Title 2, Section 7285.0 er negJ. fie applicable regulations of Ne Fair Employment and Housing Commission implementing Government Code, Section 129%, am both in Chapter 5 of Division 4 of Title 2 of Me California Code of Regulations are incorporated into this Agreement by reference and made pan hereof as iract forth in Poll. 19. Compliance with Law. CONTRACTOR agrees that it shall comply with of legal requirements for theperform C ofAs duties under this agreement and that failure to do slid constitute material breach.a 20. Entire Aareement This Agreement is intended by the PmSes as the firm) expression of Iheb agrenmet with respect to such terms as me included herein ad as We complete and exclusive statement of its mems and may not he contradicted by evidence of my prim agreement or ah contermommousoral agreement, nor explained or supplemented by evidence ofemotional additional terms Page 5 oft, 21. Execution of Other Documen[s. The parties m th¢ Agreement shall coopemm fully in the execution of any and all other documents and in the completion of my additional actions that may he necessary or appormane W give full Force and eRxt W We terns and intent of this Agreement. 22. Council Aooroval. The effectiveness of this Agreement is contingent upon the approval of the Fresno City Council. Executed at Clovis. California. on the dam and year first Written above. NSD CONTRACTOR Clovis Conrad School District City of Fresno Parks, AM School Recreation and Community Services Department / Vla MichaafJohnothoss Rpsiall Cooper And. ASA. guperinmMen4 Business Services Director, Fromm PARCS REVIEWEDBY: fackic mgm Direr `CURD After Sclr mPrograms ATTEST: REBECCA KLISCI I Clerk, City of Fresno / 'Deputy APPROVED TO AS FORM: o Deputy "107 Dene: 14 Zrho Page 6 of Codes unwed StlIo01 oYMa CONBIILTPM SERVICE AGREEMENT aCEPTIFICME FOR PAYMENT IBM or Leeel Dae: joingam nyum.nf. GwEna]ev]a lm>Vn weer. welan &lawn. 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