HomeMy WebLinkAboutFresno Unified School District Science Program at King Elem FY14Fresno llnifïed School District
Contract Checklist
1. Vendor: Citv of Fresno PARCS
Name
_(ssÐ 62r-6621
Phone Number
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Term (Duration): August 19.2013-through June 12.2014
Contract Administrator Anna Leon
Budget: 060-7090-0:260-1110-r000-5110
848 M. Street Fresno CA 9372I
Address
Manuel I. Hernandez
Contact
Name
(559\ 4s7-2970
Telephone Number
(Contract will not be authorized to exceed this
King Elementary
Site
SPSA Notation : A.2.1Action 1
Annual Cost: S12.160.50
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amount w/o BOE approval)
7. Fingerprint Requirements: All individuals providing services
under this contract are in compliance with the requirements
of the "Michelle Montoya" Ac! as required therein.
10. Reviewed and approved by Cabinet Le
11. Reviewed & approved by Director, Ris
Please return signed contract to:ilnno !ton
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lsl-zçtø
Phone
Date
APPROVED
August 14, 2013
Agenda ltem: A-5
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8. Scope of Work Summary: The Citv of Fresno will provide one staff member to facilitate the
Date Item is to appear on Board of Education Agenda: ftryþl tl,t Ug
(Contracts of $15,000 or more) v t
Date reviewed and approved by Exception Committee: rr/0.
(Please attach formj
Name
FRESNO UNIFIED SCHOOL DISTRICT
INDEPTNDENT CONTRACTOR SERVICES AGREEMENT
GENERAL INFORMATION:
School/Department:
Budget Class:
Requisition #:
District Contact Person:
Budget Manager Approval:
Contractor Vendor Name:
Contractor' s Contact Person:
Contractor Phone Number:
Contractor E-mail:
Contractor Address, State, Zip Code:
Contractor's Taxpayer ldentihcation # or SSN:
5.
Travel $
King Elementary
City of Fresno Parks, After School, Recreation, and
Community Services
Manuel L Hernandez
(ss9) 62t-6621
manuel. hernandez@fresno. gov
848 M Street
Fresno Cr'^93721
94-6000338
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This lndependent Contractor Services Agreement is made and entered into effective Aueust 19. 2013 (the
"Effective Date") by and between the Fresno Unified School District King Elementary ("District") and City
of Fresno Parks Recreation and Community Services. ("Contractor").
Contractor Services. Contractor agrees to provide The City of Fresno Community Science Program to
King Elementary, Fresno USD. The Cþ of Fresno will provide one staffmembers to facilitate the science
program curriculum. Curriculum includes 67 sessions ofLife Science, Earth Science, and Physical Science.
The parties anticipate that Contractor will provide these services _67_days or ¡L hours per day.
Contractor Qualifications. Contractor represents that it has in effect all licenses, permissions and has
otherwise all legal qualif,rcations to perform this Agreement.
Term. This Agreement shall begin on August 19,2013 and shall terminate on June 12,2074. There shall
be no extension of the term of the agreement without express written consent of all parties.
Payment. District agrees to pay Contractor at following rate of $12,160.50. Checks will be made payable
to The City of Fresno Parks After School, Recreation, and Community Services. Payment shall be limited
to amount written in this paragraph, unless specifrcally indicated in Paragraph 5. District agrees to pay
Contractor within thirty (30) days of receipt of a detailed invoice.
Incidental Expenses:
a. Lodging $Actual cost of single occupancy. Not to exceed $ 100 per night.
*Receipt Required.
b. Meals $ 0 Reimbursement limited to actual cost up to the following rates:
Breakfast $6.00, Lunch $9.00, Dinner $15.00. *Receipt Required.
Actual cost by common carrier. Private car expenses will be
reimbwsed at the cunent standard business IRS mileage rate.
Supplies $ 0 As negotiated with school/departrnent contracting for service.
e. Total Estimated Cost (Sum of paragraphs 4 and 5a - d): $12,160.50
Contract will not be authorized to exceed $15,000 without Board of Education approval.
California Residency. Contractor is a resident of the state of California: X YES NO
If "NO", Contractor shall complete and attach California Form 59O-Witholding Exemption Certificate.
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Conflict of Interest. 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 taken by Contractor during the rendition of services under this Agreement.
Termination of Agreement. Either District or Contractor may terminate this Agreement at any time for any
reason upon written notice. In the event of early termination, Contractor shall be paid for satisfactory work
performed to the date of termination. The District may then proceed with the work in any manner the
District deems proper
Indemnification. Contractor shall indemniff, hold harmless and defend District 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 liabilþ, including but not limited to personal injury, death
at any time and property damage) incurred by District, Contractor or any other person, and from any and all
claims, demands and actions in law or equþ (including attorney's fees and litigation expenses), arising or
alleged to have arisen directþ or indirectly from the negligent or intentional acts or omissions, or willfirl
misconduct of Contractor or any of its officers, officials, employees, agents or volunteers in the
performance of this Agreement.
District shall indemniff, hold harmless and defend Contractor and each of its officers, officials, employees,
agents and volunteers from any and all loss, liabilþ, fmes, 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, District 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 Dishict or any of its officers, off,rcials, 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 ofhcers, ofhcials, employees,
agents or volunteers, and District or any of its offrcers, ofhcials, 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 District 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, offrcials, agents, employees and volwrteers. Evidence of Insurance, e.g., Certificates of
Insurance or other similar documentation, shall not be required of either party under this Agreement.
Independent Contractor Status. \Vhile engaged in carrying out the terms and conditions of the Contract, the
Contractor is an independent contractor, and not an ofhcer, employee, agent, parher, or joint venturer of
the District.
Worker's Compensation Insurance. Confactor agrees to provide all necessary worker's compensation
insurance for Contractor's employees, ifany, at Contractor's own cost and expense.
Taxes. Contractor agrees that Contractor has no entitlement to any future work from the District or to any
employment or fringe benefits from the District. Payments to the Contractor pursuant to this Agreement
will be reported to Federal and State taxing authorities as required. Dishict will not withhold any money
from compensation payable to Contractor. In particular, District will not withhold FICA (social security);
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state or federal unemployment insu¡ance contributions, state or federal income tax or disability insurance.
Contractor is independently responsible for the payment of all applicable taxes.
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 on the District.
Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the Contractor and
the District and their respective successors and assigns.
Severabilitv. 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.
Amendments. The terms of the Contract Documents shall not be waived, altered, modified, supplemented
or amended in any manner whatsoever except by written agreement signed by both parties.
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.
Written Notice. Written notice shall be deemed to have been duly served if delivered in person to the
individual or member of the company or to an officer of the corporation for whom it was intended, or if
delivered at or sent by registered or certified mail to the last business address known to the person who
gives the notice.
District:
Paul Rosencrans
Purchasing Department
Fresno Unified School District
4498 N. Brawley Ave.
Fre sno, Califomia 9 3 7 22
c: Andrew De La Torre
Benefits & Risk Management
Fresno Unified School Dislict
23098. Tulare Sheet
Fresno, Califorrlia 93'l 21
Contractor:
Bruce A. Rudd
City of Fresno PARCS
City of Fresno
848 M. Street
Fresno, CA9372l
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Non-Discrimination. It is the policy of the District that there shall be no discrimination against any of
Contractor's prospective or active employees because of race, color, ancestry, national origin, sex or
religious creed. Therefore, the Contractor agrees to comply with applicable federal and California laws.
Compliance with Law. Each and every provision of law and clause required by law to be inserted into this
Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though
it were included therein. 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.
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 ofany prior agreement or ofa contemporaneous oral agreement,
nor explained or supplemented by evidence of consistent additional terms.
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
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appropriate to give full force and effect to the terms and intent of this Agreement.
Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may
appear on separate signatwe pages. A copy, or an original, \^rith all signatwes appended together, shall be
deemed a fully executed agreement.
Board Aporoval. For contracts in excess of $15,000.00, the effectiveness of this Agreement is
contingent upon the approval of the Fresno UnifTed School District Board of Education.
Executed at Ftesno, California, on the date and year first written above.
DISTRICT
Fresno Unified School
Name
Title:
By:
Deputy SuperintendenlCFO
CONTRACTOR
City of Fresno Parks, After School Recreation, and
Community Services
ATTEST:
YVONNE SPENCE
Clerk, City of Fresno
Approved As To Form:
alrTl¡2
Date:APPROVED AS TO FORM:
Douglas T. Sloan
Fresno City Attomey
q-3-t3
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