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HomeMy WebLinkAboutFRESNO Unified School District YJPP Program to Edison McLane Sunnyside Fresno High FY14FRESNO UNIFIED SCHOOL DISTRICT INDEPENDENT CONTRACTOR SERVICES AGREEMENT GENER,{L INF'ORMATION : SchooVDepartment: Budget Class: District Contact Person: Budget Manager Approval: Contractor: Contractor' s Contact Person: Contractor's Taxpayer Identification # or SSN: Requisition #: After School Program 2l't Centurv llieh School ASSETS Glenn Starkweather Glenn Starkweather Citv of tr'resno Parks. After School. Recreation and Community Services Bruce Rudd 94-6000338 This Independent Contractor Services Agreement is made and entered into effective August 15, 2012 (the "Effective Date") by and between the Fresno Unifïed School District ("District") and City of Fresno YJPP Pro gram. ("Contractor"). 1. Contractor Services. Contractor agrees to provide: Contractor agrees to provide the City of tr'resno YJPP program to Edison, Mclane, sunnyside, and Fresno High schools. The YJPPprogram includes career, college exploration, tutoring and leadership development. The YJPP program at Edison provides additional focus on career mapping/goal setting, entrepreneurship, Job Skills Boot Camp, internships, and two Job tr'airs. t. Edison 2. Fresno 3. Mclane 4. Sunnvside s28,oo0 s28,000 s28,000 s28,000 The parties anticipate that Contractor will provide these services 180 days at 4 hours per day. Contractor Qualifications. Contractor represents that it has in effect all licenses, permissions and has otherwise all legal qualifications to perform this Agreement. Contractor's qualifìcations shall be specihed in attached VITA. Term. This Agreement shall begin on A.ugust 15, 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. Par¡ment. District agrees to pay Contractor at following rate of $ 7,000 per quarter per school. Checks will be made payable to City of Fresno YJPP. Payment shall be limited to amount written in this parugtaph, unless specifically indicated in Paragraph 5. District agrees to pay Contractor within thirty (30) days ofreceipt ofa detailed invoice. Incidental Expenses: a. Lodging $_0 Actual cost of single occupancy. Not to exceed $ 1 00 per night. *Receipt Required. Reimbursement limited to actual cost up to the following rates: Breakfast $6.00, Lunch $9.00, Dinner $15.00. *ReceiptRequired 4 b. Meals $ 6 7 Travel $ 0 Actual cost by common carrier. Private car expenses will be reimbursed at the current standard business IRS mileage rate. d Supplies $as negotiated with schooVdeparhnent contracting for service. e. Total Estimated Cost (Su¡q of parasraphs !and 5a; d): $112.000 california Residencv. contractor is a resident of the state of califomia: X yES No If "NO", Contractor shall complete and attach California Form 590-V/itholding Exemption Certificate. Conflict of Interest. Contractor does not have, or anticipates 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. Termination of Agreement. Either Dishict 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 work performed to the date of termination. The District may then proceed with the work in any manner the District deems proper. The Contractor shall defend, indemniff, and hold harmless the District and its agents, employees, Board of Trustees, members of the Board of Trustees, from and against claims, damages, 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 limited 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 propeúy or delay or damage to the District, its agents, employees, Board of Trustees, members of the Boæd. of Trustees, for any act, omission, negligence, or willful misconduct of the Conhactor 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 to aparly, 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, hnes, penalties, forfeitures, costs and damages (whether in contract, tort or strict liabilþ, including but not limited to personal injury, death at any time and property damage) incurred by the Contractor, FUSD or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to arise directly or indirectþ from the negligent or intentional acts or omissions of FUSD or any of its ofhcers, officials, employees, agents or volunteers in the performance of this Agreement. In the event of concurrent negligence on the part of Contractor or any of its officers, officials, employees, agents or volunteers, and FUSD or any of its officers, officials, employees, agents or volunteers, the liabilþ for any and all such claims, demands and actions in law or equþ 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 rhaintain insurance policies or self- insurance programs to fund their respective liabilities. The parties agree that such respective programs or policy coverage for Vy'orkers' Compensation shall contain a waiver of subrogation as to the other party and each ofits officers, off,tcials, agents, employees and authorized volunteers. Evidence oflnsurance, e.g., Certif,rcates of Insurance or other similar documentation, shall not be required of either party under this Agreement. 8. 9 t0 ll Independent Contractor Status. While engaged in carrying out the terms and conditions of the Contract, the Contractor is an independent contractor, and not an ofhcer, employee, agent, partner, orjoint venture ofthe District. Workers' Compensation Insurance. Contractor agrees to provide all necessary workers' compensation insurance for Contractor's employees, ifany, at Contractor's oìtrn cost and expense. Taxes. Contractor agrees that Contractor 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 disability 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 beneht 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, California. 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 ktown to the person who gives the notice. 12 l3 14. 15 t6 11 18 t9 District: Paul Rosencrans Purchas ing Departrnent Fresno Unified School District 4498 N. Brawley Ave. Fresno, C allfomia 9 37 22 Contractor: Bruce Rudd City of Fresno Parks, After School, Recreation and Community Services Department 848 M Street Fresno, CA9372l c: Andrew De La Torre Benefits & Risk Management Fresno Unified School District 2309E. Tulare Sheet Fresno, Califomia 937 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. 20 21 compliance with Law. Each and every provision of law and clause required by law to be inserted into thisAgreement shall be deemed to be insertèd herein and this Agreement shalr be thoughit were included therein. contractor agrees that it shall"compiy with alr for theperformance of its duties under this agreement and that failure to do shall const Entire Agreement' This Agreement is intended by the Parties as the final expression of their agreementwith respect to such terms as are included herein an¿ as ttre comft"tã un¿ exclusive statement of its termsand may not be contradicted by evidence of any prior agreementïr of a contemporan"oo, ãi¿ agreement,nor explained or supplemented by evidence of consistentldditional tsrms. The parties to this Agreement shall cooperate fully in the execution of anyn the completion of any additional actions thãt may be necessary oreffect to the terms and intent of this Agreement. Execution in counterÞarts. This Agreement may be executed in counterpar.ts such that the signatures mayappear on separate sign-ature pages. A copy, or an original, with all signatures appended tolether, shall bedeemed a fully executed agreement. Board Aporoval. For contracts in excess of $151000.00, the effectiveness of this Agreement iscontingent upon the approval of the Fresno Unifie I School óirt.i"t Board of Education. 22 23 24. 25. Executed at Fresno, carifornia, on the date and year first written above. DISTRICT Fresno Unified School District CONTRACTOR Name: Tirle: By: oate: Zf.->.xltÀ ATTEST: YVONNE SPENCE Clerk, City of Fresno APPROVED AS TO FORM: JAMES C. SANCHEZ Fresno City Attorney lnto Approved As To Form: By: Deputy Date 21 Compliance with Law. Eaeh and every provision of law and clause required by law to be inserted into this 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 fully 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 counterparls 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 f,rrst written above. DISTRICT Fresno Unified School District CONTRACTOR 22 23 24 25. By Name: Ruth F. QuintoTitle: DeputySuperintendenlCFO Approved As To Form: Date: Director ATTEST: YVONNE SPENCE Clerk, City of Fresno APPROVED AS TO FORM: DOUGLAS SLOAN Fresno City Attorney