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