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DeAnza College - Independent Contractor Agreement

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Independent Contractor Agreement Page 1 of 4
Rev 10/25/2007
Foothill - De Anza Community College District
INDEPENDENT CONTRACTOR AGREEMENT
De Anza College Foothill College District Office District PO No: _______________
This Agreement entered into this ________ day of _________________ , 2_______ is made between the Foothill-
De Anza Community College District, hereinafter referred to as the "DISTRICT", and the following named
independent contractor; hereinafter referred to as the "CONTRACTOR", based upon Board Policies BP 3140,
BP3143, AP 3140, and AP3143 and the following legal citations:
A. Government Code Section 53060 authorizes the engagement of persons to perform special services as
independent contractors; and
B. Public Contract Code 20651 requires advertised sealed bids for public projects of $15,000 or more and most
other services of $69,000 or more. If sealed bids are required, this form of agreement cannot be used;
C. Government Code Section 8546.7 provides that the contracting parties for any contract involving expenditure
of public funds in excess of $10,000 shall be subject to examination and audit by the State Auditor for a period of
three (3) years after final payment under the contract.
D. The public interest, convenience, necessity and general welfare will be served by this Agreement.
If this agreement has a total cost that exceeds $20,000, it is not valid and services shall not commence unless and
until the Board of Trustees grants approval. Do not use this form for public project contracts of $15,000 or
more.
1. CONTRACTOR INFORMATION:
Contractor's Name _________________________________________________________________________
Address _________________________________________ City _______________________ Zip _________
Business Phone ___________________________ Fax No __________________ Home __________________
Social Security Number ________________________ *Fed. Tax I.D. Number _________________________
*CONTRACTOR MUST PROVIDE W-9
Business License Number ______________________________
Are you a current or former employee of the DISTRICT? Yes No
If yes, date last worked ______________________________
If yes, specify last work location
_____________________________________________________________
Work Assignment
_________________________________________________________________________
Are you related to any employee(s) in the DISTRICT? Yes No
If yes, please identify the individual(s)________________________________________________________
2. CONTRACTOR SELECTION PROCESS:
Describe how you selected this contractor and why this contractor is the best source for these services. Board
Policy 3140 requires at least three written competitive quotations for public projects greater than $1000 and
other purchases greater than $10,000. If you did not obtain competitive quotes, provide justification. Advertised
competitive bidding by District Purchasing Services is legally mandated for most services in excess of the bid
threshold (currently $69,000) and for all public projects of $15,000 or more pursuant to Public Contract Code
20651.
✔
Independent Contractor Agreement Page 2 of 4
Rev 10/25/2007
3. CONTRACTOR SERVICES, FEE, AND CONTRACT STARTING AND ENDING DATES:
A. Description of services and deliverables to be provided by contractor (refer to and attach contractor’s
signed proposal or quotation if possible):
B. Contractor Fee for Services: $_____________________________________________________________
(Indicate a fixed fee to be paid for all of the described services or indicate hourly or other periodic billing rate(s)
plus a maximum total dollar cost, i.e. the “not to exceed” amount, to be paid to the contractor. If travel or other
expenses will be reimbursed they should conform to Board Policy AP3152.)
Will contractor also be reimbursed for expenses? YES or NO If yes, state maximum reimbursement
amount to be paid in addition to contract fee shown above:
$__________________________________________
TOTAL COST OF THIS INDEPENDENT CONTRACT WILL NOT EXCEED $______________________
INCLUDING CONTRACTOR TRAVEL OR OTHER EXPENSE REIMBURSEMENTS. [Total cannot
exceed $14,999 for public projects. Board approval required prior to commencement of other services if
the total cost exceeds $20,000.]
C. Contract Starting Date _________________________ Contract Ending Date ________________________
Note: It is not permissible to split the contracted services into two or more contracts within one fiscal year for
the purpose of avoiding the requirement for Board of Trustees approval.
4. DISTRICT OBLIGATIONS OTHER THAN PAYMENT, IF ANY:
_________________________________________________________________________________________
5. PAYMENT TERMS: Unless other payment terms are specified in this section, payment terms are Net 30 days
computed either from the date of delivery and acceptance of the contract services or from the date of receipt of
correct and proper invoices prepared in accordance with the terms of the contract, whichever date is later.
Independent Contractor Agreement Page 3 of 4
Rev 10/25/2007
6. STANDARD TERMS AND CONDITIONS:
A. CONTRACTOR is solely responsible for the content and sequence of the work. DISTRICT will not provide
any training or instruction to CONTRACTOR or its employees.
B. Confidentiality: In performing its duties hereunder the Contractor may from time to time gain incidental
access to confidential information and records including student record information as defined by 20 USC
section 1232g. The parties agree that such incidental access is not a provision or conveyance or disclosure to
contractor of student record information in violation of section 1232g or of any similar state law. Contractor
agrees that if in the performance of its duties it does obtain such access it shall refrain from any removal, use
or disclosure to any third person of such information and records and shall take any and all necessary
affirmative steps to maintain the confidentiality, and avoid such removal, use or disclosure, whether
intentional or inadvertent, of such records and information.
C. CONTRACTOR shall indemnify, defend and hold the DISTRICT, its Board of Trustees, officers, agents and
employees harmless from any and all claims, damages, losses, causes of action and demands, including
reasonable attorney's fees and costs, incurred in connection with or in any manner arising out of
CONTRACTOR'S performance of the work contemplated by this Agreement. Acceptance of this Agreement
constitutes that the CONTRACTOR is not covered under the DISTRICT''S general liability insurance,
employee benefits or worker's compensation. It further establishes that the CONTRACTOR shall be fully
responsible for such coverage.
D. The CONTRACTOR shall assume all expenses incurred in connection with the performance of this contract
and the DISTRICT shall not be responsible for payment of any other expenses. The payment terms specified
in Paragraph 4 above, unless otherwise indicated and agreed to in writing by the CONTRACTOR and the
DISTRICT, shall be the only obligation of the DISTRICT. While engaged in carrying out and complying
with any of the terms and conditions of this Agreement, CONTRACTOR is not entitled to any right or
privilege applicable to an officer or employee of the DISTRICT or of the State of California.
E Any system or documents developed, produced or provided under this contract, including any intellectual
property discovered or developed by contractor in the course of performing or otherwise as a result of its
work, shall become the sole property of the District unless explicitly stated otherwise in this contract
F. Payments to the CONTRACTOR pursuant to this Agreement will be reported to Federal and State taxing
authorities as required. DISTRICT will not withhold any sums from compensation payable to
CONTRACTOR. CONTRACTOR is independently responsible for the payment of all applicable taxes. An
IRS form 1099 will be provided to the CONTRACTOR at the end of the calendar year.
G. Payment Of Prevailing Wages: Except for projects of $1000 or less, if CONTRACTOR provides public
project services such as carpet laying or building construction, alteration, demolition or repair
CONTRACTOR shall pay all workers on the District project the prevailing wage pursuant to the California
Labor Code, Sections 1770 through 1777.7. A copy of the prevailing wage rate determination available
online at www.dir.ca.gov/dlsr/statistics_research.html. The determination is issued by the California
Department of Industrial Relations.
H. This Agreement constitutes the entire agreement between the parties. There are no understandings,
agreements, or representations of warranties, expressed or implied, not specified in this Agreement. This
Agreement applies only to the current proposal as attached. Modification or termination of this contract
requires mutual agreement by both parties.
I. Upon mutual agreement in writing or the parties hereto, this Agreement may be terminated at any time for
any reason.
J. The parties to the Agreement, under penalty of perjury, hereby certify that all of the above items and
attachments are to the best of their knowledge true and correct statements.
Independent Contractor Agreement Page 4 of 4
Rev 10/25/2007
AGREEMENT OF CONTRACTOR: I agree to perform the services described above for the payment indicated. I
understand that while performing contract services I am not an employee of the Foothill-De Anza Community
College District because I follow an independent trade or profession, and will not be subject to control and direction
as to the details and means for accomplishing the anticipated result of my service.
_____________________________________________________ _________________________________
Contractor Date
APPROVED:
This document certifies that I and my assigns have reviewed the appropriate legal and procedural guidelines
pertinent to determination of independent contractor status, including IRS Revenue Ruling 87-41, have analyzed
their application to the position described on the accompanying documents, and have concluded that the hiring of
the subject individual to perform the functions described does indeed constitute correct and legal independent
contractor status.
_____________________________________________________ _________________________________
Authorized College/District Requestor/Budgeter Date
_____________________________________________________ _________________________________
College/District Employee with Authority to Sign Contract Date
________________________________________
Date Approved by Board of Trustees.
[Required prior to commencement of services if the total cost exceeds $20,000.]
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DeAnza College - Independent Contractor Agreement

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Completed 27 April 2020

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