HomeMy WebLinkAboutFresno Unified School District-Gibson Elementary PTA-AGMT 29 sessions of scienceORIGINAL
AGREEMENT
Between
GIBSON ELEMENTARY PTA
And the
CITY OF FRESNO
2015-2016
GENERAL INFORMATION
PTA:
FUSD Department: Gibson ElementaryProgram: Parent Teacher Association
Contact Person: Antonio Sanchez
Contractor: City of FresnoContractor: PARGS Department
Contractor DepartmenUAddress: 1515 E. Divisadero St.
Fresno, CA 93721
ContractorbContact Person: Manuel L Hernandez
(559) 621-2945
Contractor'sTaxpayer ldentification Number 94-600033g
or SSN:
Program Provider:
District: Fresno Unified School Districtschool site/Address:
Gibson Erementary
1266 W. Barstow
Fresno, CA 93711
This lndependent Contractor Agreement ("Agreement") is made and entered into this 26th dav
of October-2015, by and between Gibson Elementary PTA in Fresno Unified School Dístrict
("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 agreesto providestaff members to
facilitate the science program curriculum. The cuniculum includes (2g) sessions of
life science, earth science and physical science located at Fresno Unified School
District's Gibson Elementary School. The parties anticipate that CONTRACTOR will
provide these services 29 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. Finqerprinting. 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 submited fingerprints in a manner authorized
by the Department of Justice, together with the requisite fee as set
forth in Education code section 4s125.1 , 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 viorent felony;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 October26, 2015, and shall terminate on June
30,2016. 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 Five Thousand Twentv
Four Dollars and 251100s ($5.024.25) for all services and materials provided under
the terms of this Agreement. Such compensation includes the following [(maxcompensation 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 Three Thousand Four Hundred Eiohty Dollars and 00/1OOs
($3,480.00).
b. Payment to the CONTRACTOR of One Thousand Fortv one Dollars and B2l100s
($1,041.82) 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/ooÍ the sum of paragraphs 4a and
4b in the amount of Five Hundred Two Dollars and 43/100s ($502.43) 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 whiclr 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 CONTRACTóR
during the rendition of services under this Agreement.
6. 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 anv manner pTA deemsproper.
7. lndemnification. 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
liabílity, includÍng but not limited to personal injury, death at any time and property
damage) incurred by the PTA, CONTRACTOR or any other person, and from any anO ait
claims, demands and actions in law or equity (including attorney's fees and ìitigation
expenses), caused by the acts, omissions, or misconduct of PTA or any of its officers,
officials, employees, agents or volunteers in the performance of this Agreement; provided
nothing here in shall constitute a waiver by PTA of governmental immunities including
California Government Code section 810 et seq.
CONTRACTOR shall indemnify, hold harmless and defend PTA and its agents,
employees, Board of Trustees, members of the Board of Trustees from añy 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 anytime and property
damage) incurred by CONTRACTOR, PTA or any other person, and from any añd all
claims, demands and actions in law or equity(including attorney's fees and litþation
expense), caused by the acts of omissions, or misconduct of CONTRACTORãr any of its
officers, officials, employees, agents or volunteers Ín the performance of this Agreement;
provided nothing herein shall constitute a waiver by CONTRACTOR of governmental
immunities including california Government code section 910 et seq.
ln the event of acts, omissions, or misconduct on the part of PTA and its agents,
employees, Board of Trustees, members of the Board of Trustees, and COrufnRCfOn
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 eslablished or as may be modified hereafter.
This section shall survive termination or expiration of this Agreement.
8. lnsurance. Without limiting the indemnification of each party as stated herein, it is
understood and agreed that PTA and CONTRACTOR shall each maintain, at their sole
expense, insurance policies or self-insurance programs including, but not limited to, an
insurance pooling arrangement and/or Joint Powers Agreement to fund their respective
liabllities ìncluding general lìabìlity, automotive liabifity, workers' compensatìon and
employers liabilities as stated below. Evidence of lnsurance, e.g., Certificates of
lnsurance or other similar documentation, shall be provided at the request of either party
under this Agreement.
9. 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.
l0.Workerb Compensation lnsurance.CONTRACTOR agrees to provide all necessary
workers' compensation insurance for coNTRAcroR's employees, if any, at
CONTRACTOR'S own cost and expense.
Parent Teacher Association
Fresno Unified School District
Approved As To Form:
ATTEST:
YVONNE SPENCE, CMC
City Clerk
By:
APPROVED AS TO FORM:
Douglas T. Sloan
Fresno City
By:
CONTRACTOR
City of Fresno Parks, After School Recreation,
and Community
ManuelA.
Director
ndon