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
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b. Meals $
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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.
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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.
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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.
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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.
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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
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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