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HomeMy WebLinkAboutWeldon Elementary - Family Science Night - 2013ORIGINAL AGREEMENT Between WELDON ELEMENTARY And the CITY OF FRESNO 2015-2016 GENERAL INFORMATION CUSD: CUSD Department Weldon Elementary 8äi!1[¡erson: r chzl¿-ñre hoÊf Contractor: City of Fresno Contractor: PARCS DePartment Contractor DepartmenUAddress: 1515 E. Divisadero Street 3'd Floor Fresno, CA93721 ContractorbContact Person, Manuel l. Hernandez ContractolsTaxpayer ldentification Number (559) 621-2945 or SSN: 94€000338 Prooram Provider: District: Clovis Unified School District School Site/Address: We'on Elementary 150 Dewitt Avenue Clovis, Ca 93612 This lndependent Contractor Agreement ("Agreement") is made and entered into this 1Oth day of March 2016, by and between Weldon Elementary in Clovis Unified School District ("CUSD"), and the City of Fresno, a municipalcorporation ("CONTRACTOR"). CUSD and CONTRACTOR are sometimes referred to as Party and collectively as Parties. 1. CONTRACTOR Services. CONTRACTOR agrees to providestaff members to facilitate the science program curriculum. The cuniculum includes (1) Family Science Night and (1) Project Survival Cat Presentation, located at Clovis Unified School District's Weldon Elementary School. The parties anticipate that CONTRACTOR will provide these services 1 day at 8 hours. 2. CONTRACTOR Qualifications. CONTRACTOR represents that it has in effect all licenses, permissions, and legal qualifications to perform this Agreement, including: a. Finqerorintinq. 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 fi¡gerprints 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 CUSD 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 CUSD 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 CUSD 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 Educatíon 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 March 10. 2016, and shall terminate on March 10.2016. There shall be no extension of the term of the agreement without a written agreement sígned by both Parties. 4. Comoensation. CUSD shall pay CONTRACTOR a maximum of Two Thousand Two Hundred Eiqhtv,Jwo Dollars and 50/100s ($2.282.50) 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)] CUSD agrees to pay Contractor withÍn thirtv (30) days of receipt of invoice. a. Maximum payment to CONTRACTOR for Leader services shall not exceed One Thousand Fiftv Four Dollars and 251100s ($1.054.?51. b. Payment to the CONTRACTOR of Qne Thousand Dollars and 00/100s ($1.q00.001 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 1Ùo/ooÍ the sum of paragraphs 4a and 4b in the amount of Two Hundred Twentv Eioht Dollars and 251100s ($228.251related to CONTRACTOR'S performance of services under the terms of this Agreement. 5. Conflict of lntefest. CONTRACTOR does not have, or anticipates having, any interest in real property, investments, business interests in or income from sources which would provide CONTRACTOR, his or her spouse or minor child(ren) with personal financial gain as a result of any recommendation, advice, or any other action taken by CONTRACTOR during the rendition of services under this Agreement. 6. Termination of Aoreement. Either CUSD or CONTRACTOR may terminate this Agreement at any time for any reason upon thirty (30) days written notice. ln the event of early termination, CONTRACTOR shall be paid for satisfactory work performed to the date of termination. CUSD mav then proceed with the work in anv manner CUSD deems proper. 7. lndemnification. CUSD shall indemnify, hold harmless and defend CONTRACTOR and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by the CUSD, CONTRACTOR or any other person, and from any and all claims, demands and actions in law or equi$ (including attomey's fees and litigation expenses), caused by the acts, omissions, or misconduct of CUSD or any of its officers, officiats, employees, agents or volunteers in the performance of this Agreement; provided nothing here in shall constitute a waiver by CUSD of governmental immunities including Califomia Government Code section 810 et seq. CONTRACTOR shall indemnify, hold harmless and defend CUSD 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, CUSD 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; provided nothing herein shall constitute a waiver by CONTRACTOR of govemmental immunities including Califomia Government Code section 810 et seq. ln the event of acts, omissions, or misconduct on the part of CUSD and its agents, employees, Board of Trustees, members of the Board of Trustees, and CONTRACTOR 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. 8. lnsurance. Without limiting the indemnification of each party as stated herein, it is understood and agreed that CUSD 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 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. 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 CUSD. l0.Workels Compensation lnsurance.CONTRACTOR agrees to provide all necessary Workers' Compensation insurance for CONTRACTOR 'S employees, if any, at CONTRACTOR'S own cost and expense. 11. Taxes. CoNTRACTOR agrees that CoNTRACTOR has no entitlement to any future work trorn CUSD or to any employment or fringe benefits from CUSD. Payments to the CONTRACTOR pursuant to this Agreement will be reported to Federal and State taxing authorities as required. CUSD will not withhold any money from compensation payable to CONTRACTOR. ln particular, CUSD will not withhold FICA (social security) state or federal unemployment insurance contributions, state orfederal income tax or disabitity insurance. CONTRACTOR is independently responsible for the payment of all applicable taxes. 12.AssÍqnment. The CONTRACTOR shall not assign ortransfer by operation of law or othemrtse any or all of its rights, burdens, duties, or obligations without the prior written consent of CUSD. 13. Bindinq Effect. This Agreement shall inure to the benefit of and shall be binding upon the CONTRACTOR and CUSD 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, zupplemented, 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 'ritfi tfie iaws of the State of California 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: GUSD: Clovis Unified School District Weldon Elementary Attention: Ray Lazano Principal 150 DeWitt Avenue Clovis, CA 93612 CONTRACTOR: City of Fresno PARCS Department Attention: Manuel A. Mollinedo, Director 1515 E Divisadero Street 3'd Floor Fresno, California 93721 18.Non-Discrimination. During the performance of this Agreement, CONTRACTOR and suþcontractors (if applicable) shall not unlavvfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical disability (induding 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 theír 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.J and the applicable iegulations promulgated hereunde.r (California Administrative Code, Title 2, Sect¡on 72g5.ó eú seg).'The añplicable regulations of the Fair Employment and Housing Commission implementing Govemment C^ode, Section 12990, set forth in Chaptei 5 of Division ¿ of Tifle 2 ıt tne California Code of Regulations are incorporated into ihis Agreement by reference and made a part hereof as if set forth in full. lg.Comptiance with [-aw. CONTRACTOR agrees that it shall comply with all legal @rformanceofitsdutiesunderthisAgreementandthatfailureto do so shall constitute material breach. 20. Entire Aqreement. This Agreement is intended by the Parties as the final expression of their agreemenl-w¡tn respect to such terms as are included herein and as the complete and eiclusive 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 oEñfrno att otner 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. CUSD Weldon CONTRACTOR City of Fresno Parks, After School Recreation, lf el,; Director ATTEST: YVONNE SPENCE, CMC City Clerk By: ullt' Deputy vl,,ræ y1.r APPROVED AS TO FORM: Douglas T. Sloan Fresno City By: Deputy