HomeMy WebLinkAboutFresno Unified School District-Kratt Elementary PTA-AGMT 45 sessions of science programORIGINAL
AGREEMENT
Between
KRATT ELEMENTARY PTA
And the
CITY OF FRESNO
2016-2016
GENERAL INFORMATION
PTA:
FUSD Department Kratt Elementary
Program: Parent Teacher Association
Contact Person: Carol Badawi
Contractor: CitY of Fresno
Contractor: PARCS DePartment
Contractor DepartmenUAddress: 1515 E. Divisadero St.
Fresno, CA93721
Contractor5Contact Person: Manuel l. Hemandez
(559) 621-2945
ContractoisTaxpayer ldentification Number 94.6000338
or SSN:
Prooram Provider:
District: Fresno Unified School District
School Site/Address: Kratt Elementary
650 W. Siena
Fresno, CA 93704
This lndependent Contractor Agreement ("Agreement") is made and entered into this 26.114eV of
October 2015. by and between Kratt Elementary PTA in Fresno Unified School District ('PTA'),
anO tne City of Fresno, a municipalcorporation ("CONTRACTOR"). PTA 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 (45) sessions of
life science, earth science and physical science at Fresno Unified School District's
Kratt Elementary School. The parties anticipate that CONTRACTOR will provide
these services 45 days at I 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. Finqerprintino. CONTRACTOR expressly acknowledges and certifies that:
¡. 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 PTA prior
to CONTRACTOR or its employees workíng 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;
ii¡. 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; and
iv. CONTRACTOR shall provide to PTA a list of names of its
employees who may come in contact with students.
b. TB Clearange. 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 cunent and not expired.
3. Term. This Agreement shall begin on October 2Q. 2015, and shall terminate on June
g. 2Oì0. There shall be no extension of the term of the agreement without a written
agreement signed bY both Parties.
4. Comoensation. PTA shall pay CONTRACTOR a maximum of Seven Thousand
Seven Hundred Ninetv Six Dollars and 251100s ($7.796.25) 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 PTA agrees to pay Contractor within
thirtv (30) days of receipt of invoice.
a. Maximum payment to CONTRACTOR for Leader services shall not
exceed Five Thousand Four Hundred Dollars and 00/100s ($5.400.00).
b. Payment to the CONTRACTOR of One Thousand Six Hundred Eiohtv Seven
Dollars and 50/100s ($1.68_7.50) 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 1oo/ooÍ the sum of paragraphs 4a and
4b in the amount of Seven Hundred Eiqht Dollars and 751100s ($708.75)
related to CONTRACTOR'S performance of services under the terms of
this Agreement.
S. 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. Termination of Aoreement. 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 mqnner PTA deems
þroper.
7. lndemnilTcation. 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) incuned by the PTA, 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), 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 govemmental immunities including
Califomia Govemment Code section 810 et seq.
CONTRACTOR shall indemniff, hold harmless and defend PTA and its agents,
employees, Board of Trustees, members of the Board of Trustees 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 anytime and property
damage) incurred by CONTRACTOR, PTA or any other person, and from any and all
claims, demands and actions in law or equity(including attomey's fees and litigation
expense), caused by the acts of omissions, or misconduct of CONTRACTOR or any of its
officers, officials, employees, agents or volunteers in the performance of this Agreement;
províded nothing herein shall constitute a waiver by CONTRACTOR of govemmental
immunities including Califomia Govemment Code section 810 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 CONTRACTOR
or any of its officers, officials, employees, agênts 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.
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 Iimlted to, an
insurance pooling anangement and/or Joint Powers Agreement to fund their respective
liabilities including general liability, automotive liability, workers'compensation and
employers liabilities as stated below. Evidence of lnsurance, e.9., Certificates of
lnsurance or other similar documentation, shall be provided at the request of either party
under this Agreement.
L 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,
ernployee, agent, partner, or joint venture of PTA.
l0.Workerb Compensation lnsurance.CONTRACTOR agrees to provide all necessary
Workers' Compensation insurance foTCONTRACTOR'S employees, if any, at
CONTRACTOR'S own cost and expense.
11.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 orfederal income tax or disability insurance.
CONTRACTOR is independently responsible for the payment of all applicable taxes.
l2.Assionment. The CONTRACTOR shall not assign or transfer by operation of law or
otheryise any or all of its rights, burdens, duties, or obligations without the prior written
consent of PTA.
l3.Bindino Effect. This Agreement shall inure to the benefit of and shall be binding
upon the CONTRACTOR and PTA and their respective successors and assigns.
14. Severabilitv. 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.
i6.Goveminq Law, This Agreement shall be governed by and construed in accordance
with the laws of the State of Califomia and venue shall be in the appropriate Superior
Court in Fresno, California.
17. Written Notice. Written notice shall be deemed to have been duly served if sent by
certified retum receipt mail to:
PTA:
Fresno Unified School District
Kratt Elementary PTA
Attention: Carol Badawi
Principal
650 W. Sierra Avenue
Fresno, CA 93704
CONTRAGTOR:
City of Fresno
PARCS Department
Attention: Manuel A, Mollinedo,
Director
1515 E Divisadero Street 3'd Floor
Fresno, Califomia 93721
1B.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 (Govemment Code, Section 12900 ef seg.) and
the applicable regulations promulgated hereunder (Califomia Administrative Code, Title
2, Se'ciion 7285.0 ef segJ. The applicable regulations of the Fair Employment and
Housing Commission implementing Govemment Code, Section 12990, set forth in
Chaptei 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.
19. Comoliance with Law. CONTRACTOR agrees that it shall comply with all legal
require,ments for the pefformance 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
thelr 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
tfie execr.rtion of any and all other documents and in the completion of any additional
âc¡ons 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.
PTA President
CONTRACTOR
City of Fresno Parks, After School Recreation,
and CommunitY
)-BY'
Director
ATTEST:
APPROVED AS TO FORM:
Douglas T. Sloan
Fresno City AttomeY
WONNE SPENCE, CMC
City Clerk
By: /5
Deputy