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HomeMy WebLinkAboutCHINO VALLEY UNIFIED SCHOOL DISTRICTD' ? �Av)iV lA(t)Gy3 CHINO) VALLEY UNIHILD SCI100L DISTRICT 5130 Riverside Drive, Chine, CA 91.910 (909)628-1201. rye of Department/Site Ismtting Corrtract: Chaparral ES me of Contact person ANNA HAMILTON, DIRECTOR, PURCHASING N-2019-052 MC -1819-044 This Agreement is made between the CHINO VALLEY UNIFIED SCHOOL DISTRICT, ("DISTRICT") and City of Santa Ana - Santa Ana Zoo (RECITALS) WHEREAS, CONSULTANT is specially skilled, trained, experienced, and competent to render the services and advice described in Section I hereof; and WHEREAS, DISTRICT requires the services described in Section 1 hereof and DISTRICT is unable to obtain them from existing personnel; and NOW, THEREFORE, DISTRICT AND CONSULTANT mutually agree as follows: 1. Services to be Provided by CONSULTANT: a. CONSULTANT will render the services to DISTRICT that are described as: Zoomobile program, assemblies b. CONSULTANT will commence work under this Agreement on or about 10/5/2018 and will diligently prosecute the work thereafter. CONSULTANT will complete the work not later than 6/30/2021. Upon a showing of good and sufficient cause by CONSULTANT, DISTRICT may, in its sole discretion, grant such extension of time as it may deem advisable. However, DISTRICT shall not pay CONSULTANT any additional compensation if such an extension is granted, unless CONSULTANT performs additional services, the compensation for which shall be determined by the DISTRICT and CONSULTANT in writing. c. CONSULTANT will perform said services in his or her own way and as an independent contractor in the pursuit of his or her independent calling and not as an employee of DISTRICT. He or she shall be under the control of the DISTRICT as to the result to be accomplished and not as to the means or manner by which such result is to be accomplished. I MC -1919.044 CONSULTANT'S Representations: CONSULTANT represents that he or she has the skills, experience, and knowledge necessary to perform the services agreed to be performed under this Agreement; and CONSULTANT understands the DISTRICT has relied upon the representations of CONSULTANT that he or she has the skills, experience, and knowledge to perform the services required by this Agreement in a competent manner. CONSULTANT understands the scope of the services required to be performed under this Agreement. CONSULTANT warrants that he or she will faithfully and diligently perform the services hereunder, CONSULTANT shall employ, as a minimum, generally accepted standards of practices employed by persons engaged in providing similar services in existence at the time of the performance of the obligations hereunder, �'V 3. Compensation to CONSULTANT-, Not to Exceed $25,000 during the term of this agreement.a, Consultant will provide services for the amount of: $ Per Rate Sheet b. No additional compensation will be granted unless agreed to In writing by DISTRICT. d, DISTRICT will-not-withhuia FedeTal-orstate income tau deductions from payments made to CONSULTANT under this Agreement but will provide CONSULTANT with a statement of earnings at the conclusion of each calendar year. a. For services rendered, the CONSULTANT must submit to the DISTRICT a detailed request for payment with an itemized invoice, describing services provide, with the signature of site principal or manager, noting work or service was completed. 4. Duration of Agreement: The term of this Agreement shall commence on 10/5/2018 and terminate on 6/30/2021. Subject to terms and conditions stated in #>E10. S. DISTRICT to Provide Information: DISTRICT will prepare and furnish to CONSULTANT upon his or her request such information as is reasonably necessary to the performance of CONSULTANTS work under this Agreement. 6. Ownership of Materials: Any and all documents, or materials prepared or caused to be prepared by CONSULTANT pursuant to this Agreement shall be the joint property of the DISTRICT and CONSULTANT upon payment by the DISTRICT. All said documents and materials shall be delivered to and become the joint property of the DISTRICT and CONSULTANT. MMr:OaIMMI 7. General Provisions: a. CONSULTANT shall comply with all Federal, State and local laws and ordinances applicable to such work. CONSULTANT shall provide workers' compensation insurance or self -insure for his or her services. Evidence of insurance (General Liability, Professional Liability, Auto and Workers' Comp) shall be provided to DISTRICT upon execution of this Agreement. b. If CONSULTANT is an individual, for services rendered, he or she must submit to the DISTRICT a completed IRS W9 form that must include CONSULTANT'S signature, social security number or tax identification number; and state whether or not CONSULTANT is a retired member of the State Teachers Retirement System of the State of California. c. This Agreement may be amended by the mutual written consent of the parties. 8. Assignment: This Agreement may not be assigned without the written consent of the DISTRICT. 9. indemnification: CONSULTANT shall indemnify, defend, and hold DISTRICT, its officials, officers, and employees harmless from and against any and all actions, claims, damages, expenses and liability arising out of the acts or omissions of CONSULTANT in the performance of his or her obligations under this Agreement. 10.Termination: a. If DISTRICT determines, in its sole discretion, that CONSULTANT'S services have been or become unsatisfactory, DISTRICT may terminate this Agreement and the CONSULTANT'S services hereunder. Further, DISTRICT may suspend the performance of the work under this Agreement for a fixed or indefinite period. b. As an alternative to a unilateral termination under subsection (a) thereof, the DISTRICT may issue to CONSULTANT a written notice of any deficiency or delay in the performances or the services hereunder. In that event, CONSULTANT shall cure any such deficiency within the period specified in said notice. If CONSULTANT fails to cure the deficiency within the specified period, DISTRICT may terminate this Agreement. c. If the CONSULTANT terminates this Agreement for unsatisfactory performance, the DISTRICT shall only pay CONSULTANT for those services satisfactorily rendered through the termination date as determined by the DISTRICT, in its sole discretion. If the DISTRICT suspends the performance of CONSULTANT services under this Agreement, the DISTRICT shall only pay CONSULTANT for those services satisfactorily rendered through the suspension date by the CONSULTANT as determined by the DISTRICT, in its sole discretion. d. Either party may terminate this Agreement by providing thirty (30) days written notice to the other party. 3 In WITNESS WHEREOF, the parties have executed this Agreement in Chino, California on the day and year as follows: Chino Valley Unified School District � R (t/r,�..0 PurchasingAnna,6 Hamilton Director /'i9/J' Date M City of Santa Ana - Santa Ana Zoo 1801 E. Chestnut Ave Santa Ana, CA 92701 Ph: 714.626.4000 Email: See attached signature page Print Name Title Date NOTICE Purchase orders are required for all purchases/services, CVUSD desires to pay all invoices promptly, however, services cannot be rendered, and invoices cannot be paid until vendor signs and retums this contract. Failure to sign and return this contract before providing services may result in non- payment for said services. CMSD and school site ASB/USG's payment terms are NET 30. Signature Page - Chino Valley USD / City of Santa Ana (Zoomohile - 2019) w . Nonna Mitre Acting Clerk of the Council APPROVED AS TO FORM: �avAov Pv . LAURA ROSSINI Senior Assistant City Attorney CITY OF SANTA ANA STEVEN A. MENDOZA Acting City Manager APPROVED AS TO ONTENT: LI A RUDLOFF 6� xecutive Director Parks, Recreation & Community Services I PRENTICE PAR Exhibit A The Santa Ana Zoomobile is an exciting live animal presentation brought directly Into the classroom. A professionally trained educator accompanies the animals and involves the students in both lively discussion and animal observation. incorporating live animals Into classroom teaching allows for discussion of natural behaviors and topics such as animal adaptations, habitats, ecological status and conservation needs. The Zoomobile brings five animals chosen by the educator from over thirteen species of birds, mammals, reptiles, amphibians and invertebrates. The selection depends upon the students' age, educational focus of the teacher and the conditions of the animals on the day of the visit. The 45 minute program provides a unique educational experience, blending scientific knowledge with Intimate opportunities to observe animals. Presentation topics are geared to follow the California State Science Standards for each grade level. Zoomobile programs are recommended for audiences preschool (minimum of 3 years old) through high school. Program costs: For more than 30 people: Assembly presentation: $210.00 For 30 people or fewer: 1st Classroom presentation: $120.00 (for locations within Santa Ana: $108.00) 2nd Classroom presentation: $90.00* 3rd Classroom presentation: $60,00* *Additional classroom presentations must occur on the same day, back to back. Same room preferred. Please Note: • For the safety of our animals, all presentations must take place in an enclosed, indoor space. • No food or drink is permitted in the presentation space. • We recommend that all participants wash their hands prior to and after attending a presentation. The Zoomobile is a year around program, available to be scheduled Tuesdays and Thursdays. For additional Information and reservations please contact Terri in the Santa Ana Zoo Education Department at thernandeaZ@santa-ana.org .