HomeMy WebLinkAboutFUSD Kratt Elem Science Program 45 sessions exp 63015ORIGINAL
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AGREEMENT
Between
KRATT ELEMENTARY
And the
CITY OF FRESNO
2014-2015
GENERAL INFORMATION
FUSD:
FUSD Department:
Program:
Contact Person:
Gontractor:
Contractor:
Contractor DepartmenU Address:
Contractors Contact Person:
Contractor's Taxpayer ldentification Number
or SSN:
Proqram Provider:
District:
School Site/Address:
Kratt Elementary
Carol Badawi
City of Fresno
PARCS Department
1515 E Divisadero St.
Fresno, CA 93721
Manuel l. Hernandez
(559) 621-6621
94-6000338
Fresno Unified School District
Kratt Elementary
650 W.Sierra Avenue
Fresno, CA 93704
Ïhis lndependent Contractor Agreement ("Agreement" ) is made and entered into this fl sþ¡1
of January,2015, by and between Kratt Elementary in Fresno Unified School District ("FLJSD),
and the City of Fresno, a municipal corporation ("CONTRACTOR" ). FUSD and CONTRACTOR
are sometimes referred to as Party and collectively as parties.
1. CONTRACTOR Services. CONTRACTORagTees to providestaff membersto
facilitate the science program curriculum. The curriculum includes (45) sessions
of life science, earth science and physical science, located at Fresno Unified School
District's Kratt Elementary school. The parties anticipate that CONTRACTOR will
provide these services 45 days at 8 hours per day.
2. CONTRACTOR Qualifications. CONTRACTOR represents that it has in effect ail
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 FUSD 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 asceftained that
the employee has not been convicted of a serious or violent felony;
iii. CONTRACTOR shall certify in writing to the FUSD 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 FUSD 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 heishe is free of active tuberculosis, or has on file, such determination
that is still current and not expired.
3. Term.ThisAgreement shall begin on January 12,2015, and shall terminate on June
11.2015. There shall be no extension of the term of the agreement without a
written agreement signed by both Parties.
4. Compensation. FUSD shall pay CONTRACTOR a maximum of Seven Thousand
Seven Hundred Ninetv Six Dollars and 251100s ($7,796.25) 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 ac)l FUSD agrees to pay Contractor
within thirty (30) days of receipt of invoice.
a. Maximum payment to CONTRACTOR for Leader services shall not
exceed Five Thousand Four Hundred Dollars and 00/100s ($5.400.00).
b. Payment to the CONTRACTOR of One Thousand Six Hundred Eiqhtv Seven
Dollars and 50/100s ($1.687.50) 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 1Oo/oof the sum of paragraphs 4a and
4b in the amount of Seven Hundred Eiqht Dollars and 751100s ($708.75)
related to CONTRACTOR'S performance of services under the terms of
this Agreement.
5. Conflict of lnterest. 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 or 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.
6. Termination of Aqreement. Either FUSD or CONTRACTOR may terminate this
Agreement at any time for any reason upon thirty (30) days written notice. ln the event
of early termination, CONTRACTOR shall be paid for satisfactory work performed to
7
the date of termination. FUSD may then proceed with the work in any manner FUSD
deems proper.
lndemnification. CONTRACTOR shall indemnify, hold harmless and defend FUSD 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 FUSD, 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, provided nothing herein shall constitute a waiver by CONTRACTOR of
governmental immunities including California Government Code section 810 et. seq.
FUSD shall indemnify, 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, FUSD 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 FUSD or any of its officers, officials, employees,
agents or volunteers in the performance of this Agreement, provided nothing herein shall
constitute a waiver by FUSD of governmental immunities including California
Government Code section 810 et. seq.
ln the event of concurrent negligence on the part of CONTRACTOR or any of its officers,
officials, employees, agents or volunteers, and FUSD 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.
lnsurance. lt is understood and agreed that CONTRACTOR and FUSD 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, officials, agents, employees and volunteers. Evidence of lnsurancê, ê.g.,
Certificates of lnsurance or other similar documentation, shall not be required of either
party under this Agreement.
lndependent 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 FUSD.
I
9.
l0.Workers Comoensation lnsurance. 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 anyfuture work
from FUSD or to any employment or fringe benefits from FUSD. Payments to the
CONTRACTOR pursuant to this Agreement will be reported to Federal and State taxing
authorities as required. FUSD will not withhold any money from compensation payable to
CONTRACTOR. ln particular, FUSD will not withhold 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.
l2.Assiqnment. The CONTRACTOR shall not assign or transferby operation of law or
othenruise any or all of its rights, burdens, duties, or obligations without the prior written
consent of FUSD.
l3.Bindinq Eff ect. This Agreementshall inure to the benefit of and shall be binding
upon the CONTRACTORand FUSD and their respective successors and assigns.
l4.Severability. lf any provision of this Agreement shall be held invalid or
unenforceable by a court of competent jurisdiction, s u c h holding shall not invalidate
or render unenforceable any other provision hereof.
lS.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 .
l6.Governinq 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.
lT.Written Notice. Written notice shall be deemed to have been duly served if sent
by certified return receipt mail to :
FUSD: CONTRACTOR:
Fresno Unified School District City of Fresno
Kratt Elementary PARCS Department
Attention: Carol Badawi Attention: Manuel A. Mollinedo,
Principal Dire ctor
650 W. Sierra Avenue 1515 E. Divisadero St.
Fresno, CA 93704 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 treatment 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 ef 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 a part hereof as if set forth in full.
lg.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 Aqreement. 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.
Executed at Fresno, California, on the date and year first written above.
Fresno Unified School
By:
Approved As To Form:
CONTRACTOR
City of Fresno Parks, After School Recreation,
-4 -/.f
ManuelA. Mollinedo Date
Director
ATTEST:
YVONNE SPENCE, CMC
City Clerk
By:
APPROVED AS TO FORM:
and Community Qervices
Deputy Su perintendenUC FO
Benefits and Risk Management
Principal
Douglas T. Sloan
Fresno City Att ey
Deputy