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Home My WebLink AboutSt Anthonys School Spring board Program FY14AGREEMENT Between ST.ANTHONYSCHOOL and the CITY OF FRESNO Project Springboard 2013-2014 GENERÄLINFORMATION: 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 Identification # or SSN: Meals $ Travel $ Supplies $ St. Anthony SchooVAfter School Program Project Springboard Dr. Kimberley Boyer Dr. Kimberley Boyer City of Fresno Parks Recreation and Comm. Services BruceA. Rudd (sse) 621-7784 Bruce.Rudd@fresno.gov 848 M Street Fresno, CA9372l 94-6000338 2. J. 4. This Independent Contractor Services Agreement is made and entered into effective September 10. 2013 by and between St. Anthony/Springboard Program and City of Fresno Parks Recreation and Community Services. Contractor Services. Contractor agrees to provide The City of Fresno Community Science Program to St. Anthony/Springboard Program. The City of Fresno will provide one staffmember to facilitate 29 science program curriculum sessions. Subjects to be taught are Life Science, Earth Science, and Physical Science. The parties anticipate that Contractor will provide these services 29 days or 6 hours per day. Contractor Qualifications. Contractor represents that it has in effect all licenses, permissions and has otherwise all legal qualifications to perform this Agreement. Term. ThisAgreementshallbeginonSeptemberl0,2013andshallterminateonMay3l,2Ol4. Thereshallbeno extension of the term of the agreement without express written consent of all parties. Pa]¡ment. District agrees to pay Contractor at following rate of $4,466.00. Checks will be made payable to The City of Fresno Parks Recreation and Communþ Services. Payment shall be limited to amount written in this paragraph, unless specifically indicated in Paragraph 5, District agrees to pay Contractor within thirty (30) days of receipt ofa detailed invoice. Incidental Expenses: a. Lodging$Actual cost ofsingle occupancy. Notto exceed $100 pernight. *Receipt Required. 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 reimbursed at the current standard business IRS mileage rate. As negotiated with schooVdeparûnent contracting for service. e. Total Estimated Cost (Sum of paragraphs 4 and 5a - d): $4,466.00 Contract will not be authorized to exceed $15,000 without Board of Education approval. 5. b. c. d. 6. 7. California Residency. Contractor is a resident of the state of Califomia: X YES NO If "NO", Contractor shall complete and attach California Form 590-Witholding Exemption Certificate. 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 ofAgreement. Either Dishict 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. Indemnitihcation Contractor shall indemnifu, hold harmless and defend District and each of its ofEcers, offrcials, 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 District, Contractor or any other person, and ûom 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 ofücers, ofücials, employees, agents or volunteers in the performance of this Agreement. Dishict shall indemnify, hold harmless and defend Contractor and each of its offrcers, offrcials, 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, Dishict 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 di¡ectly or indirectly from the negligent or intentional acts or omissions, or willful misconduct of District or any of its offrcers, officials, employees, agents or volunteers in the performance of this Agreement. In the event ofconcurrent negligence on the part ofContractor or any ofits ofücers, officials, employees, agents or volunteers, and District or any of its ofücers, offrcials, 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 offrcers, officials, agents, employees and volunteers. 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. While engaged in carrying out the terms and conditions of the Contract, the Contractor is an independent contractor, and not an ofücer, employee, agent, partner, orjoint venturer ofthe District. Worker's Compensation Insurance. Contractor agrees to provide all necessary worker's compensation insurance for Contractor's employees, in any, 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. District will not withhold any money from compensation payable to Contractor. In particulaç Dishict will not withhold FICA (social security); state or federal unemployment insurance contributions, state or federal income tax or disabilþ insurance. Contractor is independently responsible for the payment of all applicable taxes. 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 on the District. 8. 9. 10. 11. 12. 13. 14. 15. Bindine 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. 16. 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. 17 . 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. 18. 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. 19. 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 offrcer 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: Contractor: Dr. Kimberley Boyer Bruce A. Rudd Springboard Director Parks Recreation Department St. Anthony School City of Fresno 5680 N. MaroaAvenue 848 M Street Fresno, California 93704 Fresno, Ca9372l 20. 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 ofrace, color, ancestry national origin, sex or religious creed. Therefore, the Contractor agrees to comply with applicable federal and California laws. 2I. 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. 22. Entire Asreement. 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 agteement or of a contemporaneous oral agfeement, nor explained or supplemented by evidence of consistent additional terms. 23. 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. 24. Execution in Countemarts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy, or an original, with all signatures appended together, shall be deemed a fully executed agreement. Executed at Fresno, Califomia, on the date and year fust w¡itten above. ApprovedAsTo Form: Title:CþManager ATTEST: YVONNE SPENCE Clerk, Cþ of Fresno APPROVEDAS TO FORM: Douglas T. Sloan Fresno City Attorney CONTRACTOR Fresno City Parks, After School, Recreation, and Community Services Date qlnl7