Loading...
HomeMy WebLinkAboutForkner Elementary Science Sessions FY12AGREEMENT Between FORKNER ELEMENTARY And the CITY OF FRESNO Forkner Elementary 2011.2012 GENERAL INFORMATION FUSD: FUSD Department. Program: Conduct Person: Contractor: Contractor: Contactor Department/Address: Contractors Contact Person: Contractor's Taxpayer Identification Number or SSN: li ograrrr Provider: District: School Site/Address: Former Elementary Parent Teacher Association Key Davi C1ry of Fresno Fresno Clry Parks and Recreation 1515 Divisadero St. Fresno, CA 93721 Bmce A. Rudd 948909338 Former Elementary Parent Teacher Association Fresno United School DisMet Former Elememary 7120 N. Valentine Fresno, CA 93711 This Agreement Is made and entered Into this 20^ day ofJanuary 2012, by and behreen Parent Teacher Association in Fresno Unified School D15Mct (hereinafter refenecl to as `FUSD"), and the City of Fresno (hereinafter referee to as "CONTRACTOR'), 1. CONTRACTOR Services. CONTRACTOR, through Its Pads, After School, Recreation and Community Services Detainment, agrees to provitle: forty-six (46) science sessions and acre Family Silence Night located at Fresno Unified School District Forkner Elementary School. Leader shall be responsible for providing the above services for each school day (48) of the Informal Science Program which Is operated at the site ban approximately B a.m. to Y e.m. A school day of service shall consist of six (6) hours. The program shall consist of a maximum of foM-seven (471 days. The After School Program opaams accerding to the school site's calendar, which begins on August 22 2011 antl concludes June 15. 2012. 2. CONTRACTOR Qualifications . CONTRACTOR represents that it has in effect all licenses. permissions, and legal qualifications to perform MIs Agreement Including: a. Finorma nt no CONTRACTOR expressly acknowledges and cerfil that: I. CONTRACTOR and all of its employees, agents, and consultants (hereinafter collectively "employees") working on a school site do not have a recod of conviction for any serious felony and understand that they must submit or have submitted fingerprints In a manner withal by the Department of Justice, together with the requisite has as sat farts in Education Code Section 45125.1, and that proof of such Department of Justim clearance is to be Provided to the PTA prior to CONfAACTOR or its employees working at site; ii. CONTRACTOR shall not permit any employee to come in contact with students until the Oepartment of Justice; has ascertained that the employee has not been convicted of a serious or violent felony; Iii. CONTRACTOR shall may In writing to the PTA that none of its employees who may come In contact with students have been convicted of a serious or vlolent felony; and iv. CONTRACTOR shall provide to PTA a had of names of its employees who may come In contact with students. b, TB Clearance. CONTRACTOR expressly acknowledges and certifies that pursuant to Education Coda section 49408 all employees that shall came 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 Blo, such determination that k still current and not expired. 3. Tartu. This Agreement shall begin on January W. 2012, and shell terminate on Jung. There shall be no extension of the term of the agreement without a well agreement signed by With parties. 4. Compensation. Parent Teacher Association shall pay CONTRACTOR a maximum of Epht Thousand One Hundred Eighty Four Dollars and 001100s 1$818400) for all services and materials provided under the terms of this Agreement. Such compensation Includes the fallowing ((Max compensation amount listed in paragraph 4a)+(amount listed In paragraph 4b) * (amount listed In garegraph 4c)) Parent Teacher Association agrees to pay Connector within th dry (30) days of receipt of immure. a. Maximum payment to CONTRACTOR for Leader services shall not exceed Prove Thousand One Hundred Font Dollars and 00/1005!$5140 001. b_ Payment to Ne CONTRACTOR of Two Thousand Two Hundred Twenty Five Dollars and 00/IDOs f$2 225 001 for the cost of materials, supplies, and deliverables related to CONTRACTOR'S psrloenance of services under theterms of this Agreement. c. Payment to the CCNTRACTOR of 10% of the sum of paragraphs 4a and 4b in the mount of Seven Hundred F M Four Dollars and 00/100 ($]4400) related to CONTRACTOR'S mMornance of senates under the terms of time Agreement. 5. Confihct of Interest. CONTRACTOR does net have, or anticipates having, any interest in real property, investments, business Interests in or Income from sources which would provide CONTRACTOR, bisRrer spouas or minor chile (ren) with personal financial gain as a result of any recommendation, advice, or any of action taken by CONTRACTOR during the rendition of services under this Agreement. 6. Termination of Agreement Either Parent Teacher Association or CONTRACTOR may terminate this Agreement at anytime for any reason upon thirty (30) days written notice. In the vent of early termination, CONTRACTOR shall be Paid for satisfactory wark Pedermetl to the date of termination. PTA may dren proceed with Ne work in any manner "A deems pro r. T. Indemnity The CONTRACTOR shall indemnify, hold harmless, add defend PTA and each of its offal officials. employees, and agents from any and all loss, liability, fines, penaltlea, forfeitures, costs, and damages (whether In contrect, tort, or sent all including, but not limited to, personal injury, death at any time, and property damage) 'incurred by PTA, CONTRACTOR, or any other person, and from any and all claims, demands, and actions in law or equity (Including attorneys fees and litigation expenses). arising or alleged to arise directly or indirectly from the negligent or intentional acts or omissions of CONTRACTOR Or any of its offers, officials. employees, or In the performance of this Agreement PTA shall Indemnify, hold hamtless and defend CONTRACTOR and each of its Officers, officials, employees, or agents from any and all loss, liability, fines, psnal6es, forfeitures, costs, and damages (whether in contrzct, los, or strict liability, including, but not limited to, personal injury, death at any time, and property damage) incurred by the CONTRACTOR, PTA, or any other person, and from any and all claims, demands, and actions in law or equity (including attorney's fees and litga on expenses), arising or alleged to ansa closely or indirectly from the negligent or intentional acts or omissions of PTA or any of its Officers, officials, employees, or agents in Ne performance of this Agreement. In the event of concurrent negligence on the part of CONTRACTOR or any of its officers, officials, employees, or agents, and PTA or any of its officers, officials, employees, or agents, the liability for any and all such claims, demands, and actions in law or equity for such losses. fines, penalties, forfeitures, mals, and damages shall be apportioned under the Stets of California's theory Of comparative negligence as presently established or as may be modified hereafter. This section shall survive terminated Or expiration Of his Agreement 8. Insured It is understood and agreed that CONTRACTOR and PTA maintain insurance policies Or self-insurance programs to fund their respective liabilities. The parties agree Nat such respective programs Or policy coverage for WorkersCompensation shall contain a waiver of subrogation as to the other party and each of its Officers, of ivals, agents, employees and authorized volunteers. Evidence of Insurance, Certificates of Insurance or other similar documentation shall not be required of either party under Nis Agreement. 9. Independent CONTRACTOR Status. While engaged In carrying out the terms and dandelions of this Agreement the CONTRACTOR is an independent contractor, and not an officer, employee, agent, partner, or joint venture of PTA ID. Workers Compensation Insurers: CONTRACTOR agrees to provide all necessary Workers' Compensation insurance for CONTRACTOR'S employees, if any, at CONTRACTOR'S Own cost and expanse. 11. Taxes CONTRACTOR agrees that CONTRACTOR has d en9ll erenl W any future work from PTA or 10 any employment or fringe benefits from PTA. Payments to the CONTRACTOR pursuant to his Agreement will be reported to Federal and State taxing authorities as required. PTA will not withhold any money from compensation payable to CONTRACTOR. In particular, PTA will not wiMhold FICA (social security) 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. 12. Assignment. 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 PTA. 13. Binding Effect. This Agreement shall inure to the benefit of and shall be. binding upon the CONTRACTOR and PTA and Inner respective successors and assigns. 14. Severabili 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, machine supplemented, or amended in any manner whatsoever except by written agreement signed by both parties. 16, Govemino 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. Celsomia, 17. Written Notice. Written notice shall he dammed to have been duly served if sent by satisfied return receipt mail to: FUSID CONTRACTOR'. Fresno Unified School District Fresd City Parka and Recreation Department Parent Teacher Association Attention: Bruce A. Rudd Attention: Kay Davies Assistant City Manager Principal, Forkner Elementary 1515 D'Msadero SL Former Elementary Fresno, California 93721 7126 N. Valentine Freed, CA 93711 18. Non-Discirmi nation. During the performance of this Agreement, CONTRACTOR and its subcontractors (tl applicable) shall not unlawfully discriminate, harass, or allow harassment against any employee or app eenl for employment because of race, religion, color, national origin, ancestry, physical disability (including HIV and AIDS), medical perdition (cancer related), manlal status, age (over 40), gentler, sexual preference, or any other non-merR factor unrelated to job dudes. Such action shall include, but not be limbed 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 treatment of their employees and applicants for employment are free of such discrimination andherassment. CONTRACTOR and subcontractors shall comply with the provisions of Me Fair Employment and Housing Ad (Government Code, Section 12900 at seg.) and Me applicable regulations promulgated hereunder (California Administradve Code, Title 2. Section 7285.0 at all The applicable regulations of the Fair Empbymmd antl Housing Commission implementing Government Code, Section 129% set forth in Chapter 5 of Division 0 of Title 2 d Me California Code of Regulations are incorporeted into the Agreement by reference and made a part hereof as it set MM In full. 19. Compliance with Law. CONTRACTOR agrees that it shall comply wtM all legal requirements for the performance of its duties under Mia agreement and Met failure to do shall constitute material breach. 20, Entire Agreement. This Agreement Is intended by Me Pelves as Me final expression of Meir 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 contemporeneous oral agreement, nor explained or supplemented by evidence of consistent additional forms. 21. Exewdon of Other Documents. The parties to Mis Agreement shall dapende 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 farce and effect M th terms and intent of Mis Agreement. Executed at Fresno, Califomia, on Me date and year first written above. PARENT TEACHER ASSOCIATION CONTRACTOR Fresno Unified School City of Fresno Parks, After School Recreation add Community Services Department �1fe6?ivj MRCC Rhonda Beck, PTA President Bruce A. Rudd Fanner Elementary Assistant City Manager, Fresno PARCS REVIEWED By: REBECCA KLISCH Clete, CityCleh, of KeY r+es�I c.�ipala� pVk Former Elementary // / APPROVED TO AS FORM: Date: .7 N6 RESOLUTION NO. 2011-212 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, AUTHORIZING THE DIRECTOR OF THE PARKS, AFTER SCHOOL, RECREATIONAND COMMUNITY SERVICES DEPARTMENT OR DESIGNEE TO ENTER INTO CONTRACTS TO PROVIDE AFTER SCHOOL PROGRAMS WHEREAS, the CM routinely snlere Into commds to provide after school programming b vanous educational Indarkons, including Freano Um ed Clovis United Ceabal UnMsd, and the Fresno County Ml of Education mollectlrely. -Schell DlsMcts'); era WHEREAS. Meseprogramain4We the Commush Science, Lia&Emirenm ISdencer, Business Education Service Training (BEST), and Elememery After School Retrad am WHEREAS, each 00i is program am aIle sped( and Me CM Is compensated for providing Mere pro0rame am services; am dthe School WHEREAS, fndaWenot knovio lest Me last i4 s ablate fund et a Particular aand due M chaduled City Coundl mrsAi am holidays, it Is aomegmm Impossible to secure council approval m a centrad before Me program is schedubd to commence; and WHEREAS, eulhondng the Clredpr of the Parks; After-achwl, Recreation and Community Senrces Department (°bettor) or his designee to enix into such wromds"I amus Met services are pmwded eubjed to a Valid and enforceable wnoam. enol "it Increase aMcienry. NOW, THEREFORE, BE IT RESOLVED by the Council of Me City of Finance ae Minus: 1. Each year poor to September 30, Me Director or designce will provide a repo" b council that secludes Ma n u eater entl amounts of comrade bermi Me CRY and the School Dlebicis co Me previws deep 2. The Director shell be rammed to enter Into contents with School Disihcte for eller achwl programs, w long as the total value of these central time rpt exceed len percent (10%) of Me current faced year Amender Budget appropriations, 3. All contacts will be sl to approval m to form by Me City CdYs Risk Manager. Attorney Office erg Me Ap„d y,BSY' STATE OF CALIFORNIA ) COUNTY OF FRESNO as CITY OF FRESNO I, REBECCAE. KLISCH, City CW* of the City of Freano, taNfy Nal Meforepoinp rasolutlon was dMbyRe CounaIof Mo City0f Fresno, atarepularmeetinpheMonthe 20N day of 2011. AYES Ba1ces, 90Tgraa, Olivier, Quintaro. Wenterluro, strytl NOES No ABSENT: itiory ABSTAIN'. tone Mayor Approval: VA 2011 Mayw ApptovaIfNo Return 2011 Mayor Veto '. , 2011 Count OeMtle Vote: eu __.. APPROVED AS TO FORM_ CITY ATTOR fS OFFICE BY: — ooan,OePuty '2' REBECCA E. KLISCH City GMfe)/] �/� y/ By �f/PL/Yp,(dR 'Bally