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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