HomeMy WebLinkAboutFUSD - King Elementary Agmt for 68 sessions science program curriculumORIGINAL
AGREEMENT
Between
KING ELEMENTARY
And the
CITY OF FRESNO
2015-2016
GENERAL INFORMATION
FUSD:
FUSD Department King Elementary
Program:
Contact Person: Jesus Perez
Contractor: City of Fresno
Contractor: PARCS DePartment
Contractor Department/Address: 1515 E. Divisadero St.
Fresno, C493721
ContractorbContact Person: Manuel l. Hemandez
(55e) 240-3048
ContractofsTaxpayer ldentification Number 946000338
or SSN:
Prooram Provider:
District: Fresno Unified School District
School Site/Address: King Elementary
1001 E. Florence
Fresno, CA 93706
This lndependent Contractor Agreement ("Agreement") is made and entered into this 14th dav
of Septqmber20l5, by and between King Elementary in Fresno Unified School District
("FUSD"), and the City of Fresno, a municipal corporation ("CONTRACTOR"). FUSD and
CONTRACTOR are sometimes refened to as Party and collectively as Parties.
1. CONTRACTOR Services. CONTRACTOR agrees to providestaff members to
facilitate the science program cuniculum. The cuniculum includes (68) sessions of
life science, earth science and physical science, one (1) Family Science Night, two
(2) planetarium field trips to Fresno State Downing Planetarium, two (2)
Environmental Magician Presentations, and two (2) Birds of Prey Presentations
located at Fresno Unified School Districts King Elementary School. The parties
anticipate that CONTRACTOR will provide these services 73 days at I hours per day.
2. CONTRACTOR Qqalifications. CONTRACTOR represents that it has in effect all
lícenses, permissions, and legal qualifications to perform this Agreement, including:
a. Finoerprintino. 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 ascertained 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; andiv. 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 certifìes 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 cunent and not expired.
3. Term. This Agreement shall begin on September 14. 2015, and shall terminate on
June 9. 2016. 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 Seventeen Thousand
Eioht Hundred Fortv Five Dollars and 85/100s ($17.845.85) 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 4c)l FUSD agrees to pay Contractor
within thirtv (30) clays of receipt of invoice.
a. Maximum payment to CONTRACTOR for Leader services shall not exceed
Thirteen Thousand Four HunCred Eishtv Eioht Dollars and 48/100s
($13.488.48).
b. Payment to the CONTRACTOR of Two Thousand Five Hundred Seventv Two
Dollars and 781100s ($2.572.78) 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/o of the sum of paragraphs 4a and
4b in the amount of One Thousand Seven Hundred Eiqhtv Four Dollars and
59/100s ($1.784.59) related to CONTRACTOR'S performance of services
under the terms of this Agreement.
5. Conflict of lnterest. CONTRACTOR does not have, or anticipates having, any interest in
real property, investments, business interests in or income from sources which would
provide CONTRACTOR, his or her spouse or minor child(ren) with personal financial gain
as a result of any recommendation, advice, or any other action taken by CONTRACTOR
during the rendition of services under this Agreement.
6
7.
Termination of Aoreement. Either FUSD or CONTRACTOR may terminate this
Agreement at any time for any reason upon thirty (30) days lvritten notice. ln the event
oiearly termination, CONTRACTOR shall be paid for satisfactory work performgq_t9
the daie of termination. FUSD mav then proceed with the work,in anv manner FUSD
deems proper.
lndemnification. CONTRACTOR shall indemnify, hold harmless and defend FUSD and
each of its officers, officials, employees, agents and volunteers from any and all loss,
liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict
liability, including but not limited to personal injury, death at any time and property
damage) incuned by FUSD, CONTRACTOR or any other person, and from any and all
claims, demands and actions in law or equity (including attomey's fees and litigation
expenses), arising or alleged to have arisen directly or indirectly f¡om the neglige$ 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 þy CONTRACTOR of
gıvernmental immunities including Califomia Govemment Code section 810 et. seq.
FUSD shall indemnify, hold harmless and defend CONTRACTOR and each of its
of¡cers, 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)
incuned by the CONTRACTOR, FUSD or any other person, and from any and all claims,
demands and actions in law or equity (including attomey's fees and litigation expenses),
arising or alleged to have arisen directly or indirectly fom 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 govemmental immunities including Califomia
Government Code section 810 et. seq.
ln the event of concunent 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 equíty for such losses, fines, penalties, forfeitures, costs and damages
shall be apportioned under the State of Califomia'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 lnsurance, e.9.,
Certificates of lnsurance or other similar documentation, shall not be required of either
party under this Agreement.
I
g. lndependent contractor status. while engaged in carrying out the terms and conditions
cToRisãnindependentcontractor,andnotanofficer,
employeé, agent, partner, or joint venture of FUSD'
l0.workerbcorpersdim lnsr¡rance.coNTRACTOR agrees to provide allnecessary workers'
NTRAcToR'SemployeeS,ifany,atCoNTRAcToR'S
own cost and exPense.
11. Taxes. CoNTRACTOR agrees that CoNTRACTOR has no entitlement to any future work
from FUSD or to any employment or fringe benefits from FUSD. Payments to the
CONTRACTOR pursuani to tn¡s 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 disabili$
insurance. CONiRAcToR is independently responsible for the payment of all applicable
taxes.
l2.Assionment. The CoNTRACTOR shall not assign ortransfer by operation of law or
otfrery¡se any or all of its rights, burdens, duties, or obligations without the prior written
consent of FUSD.
l3.Bindino Effecj. This Agreement shall inure to the benefit of and shall be binding
uÑffitRAcToRandFUSDandtheirrespectivesucceSSorSandassigns.
l4.Severabilitv. shafl be held invalid or unenforceable
UV a co¡rt of g shall not invalidate or render
unenforceabl
lS.Amendments. The terms of the Agreement shall not be waived, altered, modified,
supplffi, or amended in any manner whatsoever except by written agreement
signed by both Parties.
l6.Govemino Law, This Agreement shall be govemed by and construed in accordance
wttf' tfte Éws ot the Statè of Califomia and venue shall be in the appropriate Superior
Court in Fresno, Califomia.
lT.Written Notice. Written notice shall be deemed to have been duly served if sent by
certified retum receiPt mail to:
FUSD:
Fresno Unified School District
King Elementary
Attention: Jesus Perez
Principal
1001 E. Florence
Fresno, CA 93706
CONTRACTOR:
City of Fresno
PARCS Department
Attention: Manuel A. Mollinedo,
Director
1515 E. Divisadero Street
Fresno, Califomia 93721
1B.Non-Discrimination. During the performance of this Agreement, CONTRACTOR and
subcontractors (if applicable) shall not unlawfully discriminate, harass, or allow
harassment against any employee or applicant for employment because of race,
religion, color, nationalorigin, ancestry, physical disability (including H.lV and AIDS)'
medical condition lcanceirelated), màriia¡ status, age (over 40), gender, sexual
preference, o¡. ,ny àtn.r non-merii factor unrelated to job duties.. Such action shall
¡nclude, but not óe 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 ãnO appl¡cants for crimination and
harassment. CONTRACTOR and the provisions of
.
the Fair empnyment ànd Housing Act (G 2900 ef seg') and
the applicaËfe iegufations promutlated'hereunder (Califomia Administrative Code, Title
2, Section 72g5.ó et seq).'The aıplicable regulations of the Fair Employment and
Housing Commiision lmptementing Govgmlen! C¡de, Section 12990, set forth in
Cn"pt"i s ot oivision ¿ ôt riile 2 ıt tne california code of Regulations are incorporated
into inis Agreement by reference and made a part hereof as if set forth in full.
lg.Comoliance with Law. CONTRACTOR agrees that it shall comply with all legal
@rformanceofitsdutiesunderthisAgreementandthatfailureto
do shall constitute material breach,
20. Entire Aoreement. This Agreement is intended by the Parties as the final expression of
the¡r agreemenlÏ¡tn 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 ıiãñfano-er 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,Califomia, on the date and year first written above'
FUSD
Fresno Unified School District
Approved As To Form:
CONTRACTOR
CitV of fasno parks, After School Recreation,
Director
ATTEST:
YVONNE SPENCE, CMC
City Clerk
By:
Deputy Mr-
APPROVED AS TO FORM:
Douglas T. Sloan
Fresno City AttomeY
ffiorewDêtatorreiDirector Date
Deputy