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