HomeMy WebLinkAboutClovis USD - ASES 2013-2014 to provide to provide staff members to facilitate the science program curriculum includes (45) scssions of life science, earth science and physical science Weldon Elementary 150 DeWitt Ave 10/16/2013-4/10/20(.i
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AGREEMENT
Between
CLOVß UNIFIED SCHOOL DISTRICT
And the
CITY OF
FRESNO
Weldon Elementary
ASES
2013-2014
GENERAL INFORMA'TION
CUSD:
CUSD Department:
Program:
Contact Person:
Contractor:
Contractor:
Contractor Departrnent/Address :
Contractor' s Contact Person:
Contractor' s Taxpayer Identification Number or
SSN:
Program Provider:
District:
School SiteiAddress:
After School Programs
ASES
Michele Niehoff
City of Fresno
PARCS Department
848 M Street
Fresno, CA9372l
Manuel L Hernandez
(sse)62r-662r
94-6000338
Weldon Elementary
ASES
Clovis Unified School District
WeldonElementary
150 DeWitt Avenue
Clovis, CA936l2
This Independent Contractor Agreement ("Agreement") is made and entered into this-Ll5ù day of
October 2013, by and between ASES in Clovis Unified School District ("CUSD"), and the City of
Fresno, a municipal corporation ("CONTRACTOR"). CUSD and CONTRACTOR are sometimes
referred to as Party and collectively as Parties.
1. CONTRACTOR Services. CONTRACTOR agrees to provide staff members to facilitate
the science program curriculum. The curriculum includes (45) sessions of life science,
earth science and physical science, located at Clovis Unified School District 's Weldon
Elementary school and one (1) field trip to the Exploratorium . The parties anticipate that
CONTRACTOR will provide these services 45 days at 6 hours per day.
2.CONTRACTOR Oualifications. CONTRACTOR represents that it has in effect all licenses,
permissions, and legal qualifications to perform this Agreement, including:
a. Fingerprinting. CONTRACTOR expressly acknowledges and certifies that:
i. CONTRACTOR and all of its employees, agents, and consultants
(collectively "employees") working on 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 manner authorized by the Department of
Justice, together with the requisite fee as set forth in Education Code Section
45125.1, and that proof of such Department of Justice clearance is to be
provided to the CUSD prior to CONTRACTOR or its employees working at
site;
ii. CONTRACTOR shall not permit any employee to come in contact
with students until the Department of Justice has ascertained that the
employee has not been convicted of a serious or violent felony;
iii. CONTRACTOR shall certifu in writing to the CUSD that none of its
employees who may come in contact with students have been convicted of a
serious or violent felony; and
iv. CONTRACTOR shall provide to CUSD a list of names of its employees
who may come in contact with students.
b. TB Clearance. CONTRACTOR expressly acknowledges and certifies that pursuant
to Education Code section 49406 all employees that shall come into contact with
students has submitted to an examination within the last 60 days to determine that
he/she is free of active tuberculosis, or has on file, such determination that is still
current and not expired.
Term. This Agreement shall begin on October 16. 2013, and shall terminate on April 10.
2014. There shall be no extension of the term of the agreement without a written agreement
signed by both parties.
Compensation. CUSD shall pay CONTRACTOR a maximum of Twelve Thousand Five
Hundred Ninetv Five Dollars and 00/100s C$12.595.00) for all services and materials
provided under the terms of this Agreement. Such compensation includes the following
[(max compensation amount listed in paragraph 4a) + (amount listed in paragraph 4b) +
(amount listed in paragraph 4c)l
CUSD agrees to pay CONTRACTOR within thirty (30) days of receipt of invoice.
21. Maximum payment to CONTRACTOR for Leader services shall not exceed Four
Thousand Five Hundred Fifty Dollars and 00/100s ($4.550.00).
b. Payment to the CONTRACTOR of Six Thousand Nine Hundred Dollars and 00/100s
($6.900.00) for the cost of materials, supplies, and deliverables related to
CONTRACTOR'S performance of services under the terms of this Agreement.
c. Payment to the CONTRACTOR of 10% of the sum of paragraphs 4a and 4b in the
amount of One Thousand One Hundred Forty Five Dollars and 00/100s ($1.145.00)
related to CONTRACTOR'S performance of services under the terms of this
Agreement.
3.
4.
5.
6.
7.
Conflict of Úrterest. CONTRACTOR does not have, or anticipates having, any interest in
real property, investments, business interests in or income from sources which would provide
CONTRACTOR, his/her spouse or minor child (ren) with personal financial gain as a result
of any recommendation, advice, or any other action takenby CONTRACTOR during the
rendition of services under this Agreement.
Termination of Agreement. Either CUSD or CONTRACTOR may terminate this Agreement
at any time for any reason upon thirry (30) days written notice. ln the event of early
termination, CONTRACTOR shall be paid for satisfactory work performed to the date of
termination. CUSD may then proceed with the work in any manner CUSD deems proper.
Indemnification. CONTRACTOR shall indemnifu, hold harmless and defend CUSD and
each of its officers, officials, employees, agents and volunteers from any and all loss,
liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict
liability, including but not limited to personal injury, death at any time and properly damage)
incurred by CUSD, CONTRACTOR or any other person, and from any and all claims,
demands and actions in law or equity (including attorney's fees and litigation expenses),
arising or alleged to have arisen directly or indirectly from the negligent or intentional acts or
omissions, or willful misconduct of CONTRACTOR or any of its officers, officials,
employees, agents or volunteers in the performance of this Agreement.
CUSD shall indemnifu, hold harmless and defend CONTRACTOR and each of its officers,
officials, employees, agents and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not
limited to personal injury, death at any time and property damage) incurred by the
CONTRACTOR, CUSD or any other person, and from any and all claims, demands and
actions in law or equity (including attorney's fees and litigation expenses), arising or alleged
to have arisen directly or indirectly from the negligent or intentional acts or omissions, or
willful misconduct of CUSD or any of its officers, officials, employees, agents or volunteers
in the performance of this Agreement.
In the event of concurrent negligence on the part of CONTRACTOR or any of its officers,
officials, employees, agents or volunteers, and CUSD or any of its officers, officials,
employees, agents or volunteers, the liability for any and all such claims, demands and
actions in law or equity for such losses, fines, penalties, forfeitures, costs and damages shall
be apportioned under the State of California's theory of comparative negligence as presently
established or as may be modified hereafter.
This section shall survive termination or expiration of this Agreement.
Insurance. It is understood and agreed that CONTRACTOR and CUSD maintain insurance
policies or self-insurance programs to fund their respective liabilities. The parties agree that
such respective programs or policy coverage for Workers' Compensation shall contain a
waiver of subrogation as to the other party and each of its officers, offlrcials, agents,
employees and volunteers. Evidence of Insuranc€, o.9., Certificates of Insurance or other
similar documentatior¡ shall not be required of either party under this Agreement.
8.
9. Independent Contractor Status. While engaged in carrying out the terms and conditions of
this Agreement, the CONTRACTOR is an independent contractor, and not an officer,
employee, agent, partner, or joint venture of CUSD.
10. Worker's Compensation Insurance. CONTRACTOR agrees to provide all necessary
Workers' Compensation insurance for CONTRACTOR'S employees, if any, at
CONTRACTOR'S own cost and expense.
11. Taxes. CONTRACTOR agrees that CONTRACTOR has no entitlement to any future work
from CUSD or to any employment or fringe benefits from CUSD. Payments to the
CONTRACTORpursuant to this Agreement will be reported to Federal and State taxing
authorities as required. CUSD will not withhold any money from compensation payable to
CONTRACTOR. In particular, CUSD will not withhold FICA (social securiry) state or
federal unemployment insurance contributions, state or federal income tax or disability
insurance. CONTRACTOR is independently responsible for the payment of all applicable
taxes.
L2. Assisnment. The CONTRACTOR shall not assign or transfer by operation of law or
otherwise any or all of its rights, burdens, duties, or obligations without the prior written
consent of CUSD.
13. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the
CONTRACTOR and CUSD and their respective successors and assigns.
14. Severability. If any provision of this Agreement shall be held invalid or unenforceable by a
court of competent jurisdiction, such holding shall not invalidate or render unenforceable any
other provision hereof.
15. Amendments. The terms of the agreement shall not be waived, altered, modified,
supplemented, or amended in any manner whatsoever except by written agreement signed by
both parties.
16. Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of California and venue shall be in the appropriate Superior Court in Fresno,
California.
17. Written Notice. Written notice shall be deemed to have been duly served if sent by certifred
return receipt mail to:
CUSD: CONTRACTOR:
Clovis Unifred School District City of Fresno
After School Program PARCS Department
Attention: Michael Johnston Attention: Bruce A. Rudd
Assistant Superintendent of Business City Manager
1735 David E. Cook Way 848 M Street
Clovis, CA 93611 Fresno, California 93721
18. Non-Discrimination. During the performance of this Agreement, CONTRACTOR and its
subcontractors (if applicable) shall not unlawfully discriminate, harass, or allow harassment
against any employee or applicant for employment because of race, religion, color, national
origin, ancestry, physical disability (including HIV and AIDS), medical condition (cancer
related), marital status, age (over 40), gender, sexual preference, or any other non-merit
factor unrelated to job duties. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff
or termination, rates of pay or other forms of compensation and selection for training,
including apprenticeship. CONTRACTOR and subcontractors shall insure that the
evaluation and treatrnent of their employees and applicants for employment are free of such
discrimination and harassment. CONTRACTOR and subcontractors shall comply with the
provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et
seq.) and the applicable regulations promulgated hereunder (California Administrative Code,
Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and
Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5
of Division 4 of Title 2 of the California Code of Regulations are incorporated into this
Agreement by reference and made apart hereof as if set forth in full.
19. Compliance with Law. CONTRACTOR agrees that it shall comply with all legal
requirements for the performance of its duties under this agreement and that failure to do
shall constitute material breach.
20. Entire Agreement. This Agreement is intended by the Parties as the final expression of their
agreement with respect to such terms as are included herein and as the complete and
exclusive statement of its terms and may not be contradicted by evidence of any prior
agreement or of a contemporaneous oral agreement, nor explained or supplemented by
evidence of consistent additional terms.
21. Execution of Other Documents. The parties to this Agreement shall cooperate fully in the
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.
ISTGNATURES ON FOLLOWTNG PAGE]
Executed at Clovis, California, on the date and year first written above.
ASES
Clovis Unified School District
CONTRACTOR
City of Fresno
Parks, After School Recreation and Community
Services Department
A. Rudd
City Manager
ATTEST:
Yvonne Spence
Clerk, City of Fresno
APPROVED TO AS FORM:
Douglas T. Sloan
Fresno City Attorney
l,lj'ly
TR,âtV
Deputy
Michael Johnston
Assistant Superintendent of Business
Michele Niehoff
Clovis Unifred School District
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