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ORIGINAL
PTA:
FUSD Department:
Program:
Contact Person:
Gontractor:
Contractor:
Contractor Depa rtm enU Add ress:
Contractorb Contact Person :
Contractor's Taxpayer ldentification
or SSN:
Proqram Provider:
District:
School Site/Address:
AGREEMENT
Between
STARR ELEMENTARY PTA
And the
CITY OF FRESNO
2014-2015
GENERAL INFORMATION
Starr Elementary
Parent Teacher Association
Charlie Reynolds
City of Fresno
PARCS Department
848 M Street
Fresno, CA93721
Manuel l. Hernandez
(559) 621-6621
Number 94-6000338
Fresno Unified School District
Starr Elementary
1780 W. Sierra
Fresno, CA93711
This lndependent Contractor Agreement ("Agreement") is made and entered into this 2nd dav of
September-2}14., by and between Starr Elementary PTA in Fresno Unified School District
("PTA"), and the city of Fresno, a municipal corporation ("coNTRAcroR"). prA and
CONTRACTOR are sometimes referred to as Party and collectively as Parties.
1. CONTRACTOR Services. CONTRACTOR agrees to provide staff members to
facilitate the science program curriculum. The curriculum includes (35) sessions of
life science, earth science and physical science, (1)FamilyScience Night Event, and
(1) Carnival Event located at Fresno Unified School District's Starr Elementary
School. The parties anticipate that CONTRACTOR will provide these services 37
days at 8 hours per day.
2. CONTRACTOR Qualifications. CONTRACTOR represents that it has in effect all
licenses, permissions, and legal qualifications to perform this Agreement, including:
a. Finqerprintinq. 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 prA 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 ascertained that
the employee has not been convicted of a serious or violent ferony;iii. CONTRACTOR shall certify in writing to the PTA that none of its
employees who may come in contact with students have been
convicted of a serious or violent felony; andiv. CONTRACTOR shall provide to PTA 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 he/she is free of active tuberculosis, or has on file, such determination
that is still current and not expired.
3. Term.This Agreement shall begin on September2,2014, 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. PTA shall pay CONTRACTOR a maximum of Eiqht Thousand Two
Hundred Seventeen Dollars and 00/100s ($8.217.00) 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 PTA agrees to pay Contractor within
thirty (30) days of receipt of invoice.
a. Maximum payment to CONTRACTOR for Leader services shall not exceed
b. Payment to the CONTRACTOR of One Thousand Nine Hundred Eiohty Seven
Dollars and 50/100s ($1 ,987.50) 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 10o/oof the sum of paragraphs 4a and
4b in the amount of Seven Hundred Forty Seven Dollars and 00/100s
($747.00) 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.
7.
Termination of Aqreement. Either PTA 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
the date of termination. PTA mav then proceed with the work in any manner PTA deems
proper.
lndemnification. CONTRACTOR shall indemnify, hold harmless and defend PTA 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 PTA, CONTRACTOR or any other person, and from any and ail
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.
PTA 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, PTA 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 PTA or any of its officers, officials, employees,
agents or volunteers in the performance of this Agreement, provided nothing herein shall
constitute a waiver by PTA 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 PTA 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 PTA 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 lnsuranc€, 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 PTA.
8.
9.
10.Worker's Compensation lnsurance.CONTRACTOR agrees to provide all necessary
Workers' Compensation insurance for CONTRACTOR'S employees, if any, at
CONTRACTOR'S own cost and expense.
1 1 . Taxes. CONTRACTOR agrees that CONTRACTOR has no entitlement to any future work
from PTA or to any employment or fringe benefits from PTA. Payments to the
CONTRACTOR pursuant to this Agreement will be reported to Federal and State taxing
authorities as required. PTA will not withhold any money from compensation payable to
CONTRACTOR. ln particular, PTA 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.Assignment. The CONTRACTOR shall not assign or transfer by operation of law or
othenryise any or all of its rights, burdens, duties, or obligations without the prior written
consent of PTA.
l3.Binding Effect. This Agreement shall inure to the benefit of and shall be binding
upon the CONTRACTOR and PTA 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, such 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. ThisAgreement 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:
PTA:
Fresno Unified School District
Starr Elementary PTA
Attention: Charlie Reynolds
Principal
1780 W. Sierra Avenue
Fresno, CA 93711
CONTRACTOR:
City of Fresno
PARCS Department
Attention: Manuel A. Mollinedo,
Director
848 M Street 3'd Floor
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 seg.) and
the applicable regulations promulgated hereunder (California Administrative Code, Title
2, Section 7285.0 ef 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.
l9.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.
Parent Teacher Association
Fresno Unified School District
Approved As To Form:
CONTRACTOR
City of Fresno Parks, After School Recreation,
ATTEST:
WONNE SPENCE, CMC
City Clerk
APPROVED AS TO FORM:
Douglas T. Sloan
Fresno City Attorney
Hreische nuelA. Mollinedo
Deputy