HomeMy WebLinkAboutFresno Unified School District SPARK FY14FRESNO UNIFIED SCHOOL DISTRICT
INDEPENDENT CONTRACTOR SERVICES AGREEMENT
GENERAL INFORMATION:
SchooVDepartment:
Budget Class:
District Contact Person:
Budget Manager Approval:
Contractor:
Contractor' s Contact Person:
Contractor's Taxpayer Identification # or SSN:
Requisition #:
After School Program
ASES Grant
Glenn Starkweather
Glenn Starkweather
Fresno City Parks and Recreation Department
1515 Divisadero. Fresno CA 93721
Bruce Rudd
94-6000338
Actual cost of single occupancy. Not to exceed $ 100 per night.
*Receipt Required.
Reimbursement limited to actual cost up to the following rates:
Breakfast $6.00, Lunch $9.00, Dinner $15.00. *Receipt Required.
Actual cost by common carrier. Private car expenses will be reimbursed at
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This Independent Contractor Services Agreement is made and entered into effective Äugust 14,2013 (the
"Effective Date") by and between the Fresno Unified School District ("District") and tr'resno City Parks
and Recreation Dep artment. ("Contractor").
Contractor Services. Contractor agrees to provide: Fresno City Parks and Recreation Department will
provide trained staff to work within the FUSD Elementary After School Program. Parks and
Recreation Department employees provide student supervision, enrichment activities, and the grant
mandated physical fitness activities using the (SPARK" A.fter School tr'itness Program developed by
San Diego State University.
The parties anticipate that Contractor will provide these services 187 days at 3.5 hours per elementary site.
Contractor Qualifications. Contractor represents that it has in effect all licenses, permissions and has
otherwise all legal qualif,rcations to perform this Agreement. Contractor's qualifications shall be specihed
in attached VITA.
Term. This Agreement shall begin on August 74,2013, and shall terminate on June 30,2014. There shall
be no extension of the term of the agreement without express written consent of all parties.
Payment. District agrees to pay Contractor at following rate of $16.16 per hr.. Checks will be made
payable to City of Fresno Parks, After School, Recreation and Community Services. Payment shall be
limited to amount written in this paragraph, unless specifically indicated in Paragraph 5. District agrees to
pay Contractor within thirty (30) days of receipt of a detailed invoice.
Incidental Expenses:
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a. Lodging $ 0
b. Meals $ 0
c. Travel $ 0
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the current standard business IRS mileage rate.
Supplies $ 0 As negotiated with school/department contracting for service.
Total Estimated Cost (Sum of paragraphs 4 and Sa - d): $ 429,240
california Residency. contractor is a resident of the state of california: x yES NoIf "NO", Contractor shall complete and attach California Form 590-Witholding Exemption Certif,rcate.
Conflict of Interest. Contractor does not have, or anticipate having, any interest in real property,
investments, business interests in or income from sources that would provide Contractor, his/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.
Temination of Agreement. Bither District or Contractor may terminate this Agreement at any time for any
reason upon written notice. In the event of early termination, Contractor shall be paid for satisfactory wori
performed to the date of termination. The District may then proceed with the work in any manner the
District deems proper.
Indemnity. The Contractor shall defend, indemnify, and hold harmless the Dishict and its agents,
employees, Board of Trustees, and members of the Board of Trustees, from and against claims, darnages,
losses, and expenses (including, but not limited to attorney's fees and costs including fees of consultants)
arising out of or resulting from: performance of the contract (including, but not limiteã to) the Contractor's
use of the site; the Contractor's completion of the duties under the contract; injury to or death of persons or
damage to properfy or delay or damage to the Distoict, its agents, employees, Board of Trustees, members
of the Board of Trustees, for any act, omission, negligence, or willful misconduct of the Contractor or their
respective agents, subcontractors, employees, material or equipment suppliers, invitees, or licensees. Such
obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity,
which would otherwise exist as ro aparty, person, or entity described in this paragraph.
FUSD shall indemnifu, hold harmless and defend Contractor and each of its officers, officials, employees,
agents and volunteers from any and all loss, liability, fmes, penalties, forfeitures, costs and áumug.s
(whether in contract, tort or shict liabilþ, including but not limited to personal injury, death at any time
and properly damage) incurred by the Contractor, FUSD or any other person, and from any and all ilaims,
demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged
to arise directly or indirectly from the negligent or intentional acts or omissions of FUSD oi utry of itt
officers, officials, employees, agents or volunteers in the performance of this Agreement.
In the event of concurent negligence on the part of Conhactor or any of its officers, officials, employees,
agents or volunteers, and FUSD 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.
Insurance. It is understood and agreed that Contractor and District maintain insurance policies or self-
insurance programs to fund their respective liabilities. The parties agree that such respective programs or
policy coverage for Workers' Compensation shall contain a waiver of subrogation as tothe other parly and
each ofits officers, officials, agents, employees and authorized volunteers. Evidence oflnsurance, e.g.,
Certificates of Insurance or other similar documentation, shall not be required of either party under this
Agreement.
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11.Independent Contractor Status. While engaged in carrying out the terms and conditions of the Contract, the
Contractor is an independent contractor, and not an officer, employee, agent, paúner, or joint venturer of
the District.
V/orkers' Compensation Insurance. Contractor agrees to provide all necessary workers' compensation
insurance for Contractor's employees, if any, at Contractor's own cost and expense.
Taxes. Contractor agrees that Conüactor has no entitlement to any future work from the District or to any
employment or fringe benefits from the District. Payments to the Contractor pursuant to this Agreement
will be reported to Federal and State taxing authorities as required. District will not withhold any money
from compensation payable to Contractor. In particular, District will not withhold FICA (social security);
state or federal unemployment insurance contributions; or state or federal income tax or disabilþ
insurance. Contractor is independently responsible for the payment of all applicable taxes.
Assignment. The Contractor shall not assign or transfer by operation of law or otherwise any or all of its
rights, burdens, duties or obligations without the prior written consent on the District.
Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the Contractor and
the District and their respective successors and assigns.
Severability. If 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.
Amendments. The terms of the Contract Documents shall not be waived, altered, modified, supplemented
or amended in any manner whatsoever except by written agreement signed by both parties.
Goveming Law. This Agreement shall be govemed by and construed in accordance with the laws of the
State of California and venue shall be in the appropriate Superior Court in Fresno, Califomia.
Written Notice. Written notice shall be deemed to have been duly served if delivered in person to the
individual or member of the company or to an officer of the corporation for whom it was intended, or if
delivered at or sent by registered or certified mail to the last business address known to the person who
gives the notice.
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District:
Paul Rosencrans
Purchasing Deparknent
Fresno Unified School District
4498 N. Brawley Ave.
Fresno, California 937 22
Contractor:
Bruce Rudd
City of Fresno Parks, After School, Recreation
and Community Services Department
428 M Street
Fresno, California 93721
20.
c: Andrew De La Torre
Benefits & Risk Management
Fresno Unified School District
2309F. Tulare Street
Fresno, Calífomia 93'7 2l
Non-Discrimination. It is the policy of the District that there shall be no discrimination against any of
Contractor's prospective or active employees because of race, color, ancestry, national origin, sex or
religious creed. Therefore, the Contractor agrees to comply with applicable federal and California laws.
Comoliance with Law. Each and every provision of law and clause required by law to be inserted into this21
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Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though
it were included therein. Contractor agrees that it shall comply with all legal requirements for the
performance of its duties under this agreement and that failure to do shall constitute material breach.
Entire Agreement. This Agreement is intended by the Parties as the final expression of their 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.
Execution of Other Documents. The parties to this Agreement shall cooperate firlly in the execution of any
and all other 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.
Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may
appear on separate signature pages. A copy, or an original, with all signatures appended together, shall be
deemed a fully executed agreement.
Board Approval. For contracts in excess of $15,000.00, the effectiveness of this Agreement is
contingent upon the approval of the Fresno Unified School District Board of Education.
Executed at Fresno, California, on the date and year first written above.
DISTRICT CONTRACTOR
Name:
Title:
Approved As To Form:ATTEST:
YVONNE SPENCE
Clerk, City of Fresno
Deputy Date
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25.
By:
Date:
By:
APPROVED AS TO FORM:
JAMES C. SANCHEZ
Fresno City Attorney
Fresno Unified School District
By
Deputy Date
Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as thoughit were included therein. Contractor agrees that it shall comply with all legal requirements for the
performance ofits duties under this agreement and that failure to do shall constitute material breach.
Entire Agreement. This Agreement is intended by the Parties as the final expression of their agreement
lvith 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 ofany plior agreement or ofa contemporaneous oral agreement,
nor explained ol supplemented by evidence ofconsistent additional terms.
Execution of Othel Documents. The palties to this Agreement shall cooperate fully in the execution of any
and all other docutnents 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.
Execution in Counterparts. This Agreement may be executed in countelparts such that the signatures may
appear on separate signature pages. A copy, or an original, with all signatures appended together, shall be
deemed a fully executed agreement.
Board Approval. For contracts in excess of $15,000.00, the effectiveness of this Agreement is
contingent upon the approval ofthe Fresno Unified School District Board ofEducation.
Executed at Fresno, Califolnia, on the date and year fìrst written above.
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25.
By:
DISTRICT
Fresno Unifìed School District
Name: Ruth F. QuintoTitle: Deputy Supelintendent/CFO
Approved As To Form:
Date:
CONTRACTOR
Citv of Fresno PARCS Deoartment
APPROVED AS TO FORM:
DOUGLAS T SLOAN
Fresno City Attorney
Title: Director
Al"fEST
YVONNE SPENCE
Clerk, City of Fresno
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