HomeMy WebLinkAboutFresno Unified School District Independent Contractor Services Agreement - Youth Job Preparation Program-PARCS $196,000Fresno Unified School District
Contract Approval Form
Vendor Name: ÇttJpf Irqsna IARCS Departmerì! 15l5 E. Divisadero St., Fresno, CA 93721
(.ss9) 621-2900
Phone Nunber
Term (Duration): Aueust 17.2015 through June 30,2016
FUSD Contract
v",fNo n
Administrator: SalllzFowler
-u"nã-
College and Career Readiness
Síle/Depailnenl
Budget:
( ti ut d- U il ¡ l- Dep I -A ct iv ¡ U-0 bj ect)
Annual Cost S 196,000
-
(Contract will not be authorized to exceed this amount w/o BOE approval)
se)2aþ153r zvl-'t 4b=
Teleplrcne Nnnber
Fingerprint Requirements: All individuals providing services under this contract are in
compliance with the requirements of the "Michelle Montoya" Act, as required therein.
Scope of Work Summary:
The City of Fresno Preparation Program (YJPP) provides students the tools needed to attain employment.
Students parlicipating in this program receive help and support in the job application process, employer
interviews and work expectations. In addition, students also create a professional resume, reference list, a
five year plan, as well as receive help in completing employment applications and the development of
cover letters.
Date item is to appear on Board of Education Agenda:
Review & approved by Cabinet Level Officer:
8-tzl5
Reviewed & approved by Director, Risk Manage
Please return
signed contract to:DÑrÑ
\Lon0 dct ol öt J,Ut)t) or iltore)
Revised 7/20/L5 Fresno Unified lndependent Contract I lpaee
Fresno Unified School District
Independent Contractor Services Agreement
GENERAI INFORMATION:
School/Depaftment: ¿t tì a1É- *(^,*n-P,tnl in ¿s s
Budget:
District Contact Person: 3nllU Fo¿lr<
Budget Manager Approval:
Contractor Vendor Name: Ci
Contractor's Contact Person: Shaun Schaefer
Contractor's Title:
Contractor Phone Number: 1559
Contractor E-mail:
Contractor Address: 1515 E. Div
Contractor's Taxpayer ID# or SSN#: 94-600338
This Independent Contractor Services Agreement is made and entered into effective Ausust 17. 2015 (the "Effective
Date") by and between the Fresno Unifìed School District ("District") and City of Fresno PARCS Department
("Contractor").
1. Contractor Services. Contractor agÍees to provide:
The City of Fresno's Youth Job Preparation Program (YJPP) provides students the tools needed
to attain employment. Students participating in this program receive help and support in the job
application process, employer interviews and work expectations. In addition, students also
create a professional resume, reference list, a five year plan, as well as receive help in completing
applications and development of cover letters.
Revised 7/20/15 Fresno Unified lndependent Contract Lleage
Contractor Qualif,rcations. Contractor represents that is has in effect all licenses, permissions and
has other-wise all legal qualifications to perform this Agreement.
Term. This Agreement shall begin on August 17. 2015. and shall terminate on June 30. 2016.
There shall be no extension of the term of the agreement without express written consent from all
parties.
Pa)¡ment. District agrees to Contractor at following rate of $ 196.000 per year. Checks will be
made payable to Cit)¡ of Fresno PARCS Department. Payment shall be limited to amount written
in this paragraph, unless specifically indicated in Paragraph 5. District agrees to pay Contractor
within thirty (30) day of receipt of detailed invoice.
Incidental Expenses:
a. Lodging $ OActual cost of single occupancy. Not to exceed $ 1 00 per night. *Receipt
Required.
b. Meals $ OReimbursement limited to actual cost up to the following rates: Breakfast
512.20, Lunch$18.30, Dinner $30.50. *Receipt Required.
c. Travel $ OActual cost by common carrier. Private car expenses will be reimbursed at the
current standard business IRS mileage rate.
d. Supplies $ 0 As negotiated with school/department contracting for service.
e . Total Estimated Cost (Sum of paragraphs 4 and 5 a - d): $196.000
f. Other $ 0
Contract will not be authorized to exceed $15,000 with Board of Education approval.
7. CaIPERS & CaISTRS. Are you a CaIPERS or Cal STRS reriree:vesn N"K
8. California Residency. Contractor is a resident of the state of California yes I No n
9. Conflict of Interest. Contractor does not have, nor does the Contractor anticipate having, any
interest in real property, investments, business interest, in or income from sources which would
provide Contractor, his/her spouse or minor child(ren) with pelsonal financial gain as a result of
any recommendation, advice or any other action taken by Contractor during the rendition of
services under this Agreement.
10. Termination of Agreement. Either District of Contractor may tenninate 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.
1 1. Indemnib¡ and Defense
Indemnity Obligations. DISTRICT shall indemnify, hold harmless and defend CITy 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 propefy damage) incurred by the
DISTRICT, CITY or any other person, and from any and all claims, demands and actions in law
or equity (including attorney's fees and litigation expenses), caused by the acts, omissions, or
misconduct of DISTRICT or any of its off,rcers, off,rcials, employees, agents or volunteers in the
performance of this Agreement; provided nothing herein shall constitute a waiver by DISTRICT
of governmental immunities including California Government Code section Bl0 et seq.
CITY shall indemnify, hold harmless and defend DISTRICT and its agents, employees, Board of
Trustees, members of the Board of Trustees from any and all loss, liability, flnes, penalties,
2
3.
4.
5
6
Revised 7/20/L5 Fresno Unified lndependent Contract llPage
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 CITY, DISTRICT
or any other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), caused by the acts or omissions, or misconduct of CITY
or any of its officers, officials, employees, agents or volunteers in the performance of this
Agreement; provided nothing herein shall constitute a waiver by CITY of governmental
immunities including California Government Code section 810 et seq.
In the event of acts, omissions, or misconduct on the part of DISTRICT and its agents,
employees, Board of Trustees, members of the Board of Trustees, and CITY or any of its off,rcers,
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.
12. Ilsurance.
Required Insurance. Without limiting the indemnification of each pafty as stated herein, it is
understood and agreed that DISTRICT and CITY shall each maintain, at their sole expense,
insurance policies or self-insurance programs including, but not limited to, an insurance pooling
arrangement andlor Joint Powers Agreement to fund their respective liabilities including general
liability, automotive liability, workers' compensation and employers liability as stated below.
Evidence of Insurance, e.g., Certificates of lnsurance or other similar documentation, shall be
provided at the request of either party under this Agreement.
13. Independent Contractor Status. While engaged in carrying out the terms and conditions of the
contract, the Contractor is an independent contractor, and not an off,rcer, employee, agent, partner,
or joint venture of the District.
14. 'Worker's Compensation Insurance. Contractor agrees to provide all necessary worker's
compensation insurance for Contractor's employees, if any, at Contractor's own cost and
expense.
15. Taxes. Contractor agrees that Contractor has no entitlements 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, state or
federal income tax or disability insurance. Contractor is independently responsible for the
payment of all applicable taxes.
16. 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 of the District.
17. 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.
18. Severabilib,. If any provision of this Agreement shall be held invalid or unenforceable by a court
ofcompetentjurisdiction, such holding shall not invalidate or render unenforceable any other
provision hereof.
Revised 7/20/L5 Fresno Unified lndependent Contract \ ¡nage
t9
20
21
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.
Governing Law. This Agreement shall be governed by and constructed 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 offrcer of the corporation for whom it was
intended, or if delivered to or sent by registered or certified mail to the last business address
known to the person who gives the notice .
District:
Paul Rosencrans
Purchasing Department
Fresno Unified School District
4498 N. Brawley Ave.
Fresno, C493722
Andrew De La Torre
Benefits & Risk Management
Fresno Unified School District
2309 Tulare Street
Fresno, CA9312l
Contractor:
Manuel A. Mollinedo
City of Fresno PARCS Department
Address:
1515 E. Divisidero St.
Fresno, CA93721-1n5
22. 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.
23. Compliance with Law. Each and every provision of law and clause required by law to be inserled
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 unde'r this agreement and that failure to do shall
constitute material breach.
24. 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.
25. 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.
26. 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.
JlPaseRevised 7/20/15 Fresno Unified lndependent Contract
27. 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
Fresno Unified School District Citv of Fresno. P
/-.2 f- t ç
Date
CITY OF
DOUGLAS
FRESNO
T.S , City ALtorney
tcrllc-
City 9f Fresno, PARCS Department
Approved As To Form:
Revised 7/20/15 Fresno Unified lndependent Contract b¡eage